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HomeMy WebLinkAboutOrdinance 25-120-CCBOARD OF COUNTY COMMISSIONERS Grant County, Washington ORDINANCE RELATING TO AN AMENDMENT TO THE UNIFIED DEVELOPMENT CODE CHAPTER 25.04 ORDINANCE No. 25- -CC - PERMIT APPLICATION REVIEW PROCEDURES - REVIEW TIMELINES WHEREAS, Adequate accommodations have been made for agencies, individuals and interest groups to be heard and the Planning Commission has thoroughly considered the testimony in the record, and; WHEREAS, the proposed amendments are consistent with adopted Comprehensive Plan goals, objectives and policies, and do not create adverse impacts to offsite properties, and promote flexibility of property use, and; WHEREAS, the Board of County Commissioners have found that the proposal is consistent with the general purpose and intent of the Grant County Comprehensive Plan; and, WHEREAS, the Board of County Commissioners has found that, the UDC Amendment will serve the public use and interest, and; 'WHEREAS, Appropriate notice has been given to the Washington State Department of Commerce Growth Management Services in accordance with RCW 3 6.70A. 106, and; WHEREAS, the proposed amendments are consistent with the applicable portions of RCW 36.70B, and; WHEREAS, Grant County Development Services Staff shall have the ability to modify the approved development code text to ensure proper formatting, spelling, etc. as well as correct any errors that may be discovered, and; WHEREAS, the Planning Commission conducted a public hearing on October 8, 2025, and recommended to the Board of County Commissioners approval of the proposed code amendments, and; WHEREAS, the Board of County Commissioners held a pre -decision open record public hearing to consider the recommendation of the Planning Commission on December 16, 2025. NOW, THEREFORE, BE IT HEREBY ORDAINED THAT the Grant County Board of Commissioners ADOPT the attached amendments to Grant County Unified Development Code Chapter 25.04 - Permit Application Review Procedures - Review Timelines; and BE IT ALSO FURTHER ORDAINED that the effective time and date for these amendments shall be 5:00 p.m. on the date of BOCC signature. P25-0194 — Permit Application Review Procedures Amendment Ordinance DATED this 3CI day of �-, 2025. /f r SE:� 1 ..- : Ln AL `,Q I t A T T QS T : arbara J. Vasquez Clerk of the Board BOARD OF COUNTY COMMISSIONERS Yea Nay Abstain GRANT COUNTY; WASffiNGTON n , C air M/ El El Cindy6�rler,ice Ch�air n/ E I F-1 Kevin m Burge ski me ber P25-0194 — Permit Application Review Procedures Amendment Ordinance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Chapter 25.04 PERMIT APPLICATION REVIEW PROCEDURES & REVIEW TIMELINES Sections pate ArticleI. Purpose and Authority...................................................................................................1 25.04.010 Purpose and Authority..................................................................................................... 1 25.04.020 Applicability................................................................................................................... 1 25.04.030 Legislature Not Restricted............................................................................................... 2 25.04.040 Conflict of Provision — Severability................................................................................. 2 Article II. Classifications by Project Permit Type.........................................................................2 25.04.050 Introduction.................................................................................................................... 2 25.04.060 Project Permit Types — Defined....................................................................................... 2 25.04.070 Classification of Project Permit Applications................................................................... 3 25.04.080 Classification of Project Permit Applications — Administrative Review ........................... 3 25.04.090 Master Application Process — Optional Consolidated Review .......................................... 4 25.04.100 Administrative Interpretations......................................................................................... 5 25.04.110 Exemptions from this Title.............................................................................................. 5 Article III. Application Process Overview....................................................................................... 5 25.04.120 Application Process Overview......................................................................................... 5 ArticleIV. Application Submission.................................................................................................6 25.04.130 Pre -Application Review.................................................................................................. 6 25.04.140 Application and Accompanying Data.............................................................................. 7 25.04.150 Review for Counter Complete Status............................................................................... 7 25.04.160 Review for Te✓ehie -Procedurally Complete Status ..................................................... 8 Article V. Processing a T�i�,afl.-Procedurally Complete Application ..................................... 9 25.04.180 Vesting.................................................................... ....................................................... 9 ArticleVI. Notice of Application......................................................................................................9 25.04.190 Distribution of Notice of Application.............................................................................. 9 25.04.200 Method of Public Notice of Application by Application Type........................................10 25.04.210 Contents of Notice of Application................................................................................. 10 25.04.220 Optional Public Notice..................................................................................................11 25.04.230 Public Comment on the Notice of Application...............................................................12 25.04.240 Notice of Public Hearing...............................................................................................12 ArticleVII. Procedures for Application Review.............................................................................13 25.04.250 Type I Procedure — Ministerial Decision........................................................................ 13 25.04.260 Type II Procedure — Administrative Decision................................................................ 13 25.04.270 Type III Procedure — Quasi Judicial Decision................................................................13 25.04.280 Type IV Procedure — Final Plat.....................................................................................14 Chapter 25.04 2025 Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Article 1. Purpose and Authority 25.04.010 Purpose and Authority (a) The provisions of this title implement certain state requirements contained in Chapter 347, Laws of 1995, relating to the integration of growth management planning and environmental review. It is the purpose of this title to effectively and efficiently administer applications for land use development activities (entitled "project pennit applications" by this title) by creating a permit classification system with consistent procedures for similar applications types, and by combining environmental review process (SEPA), both substantive and procedural, with the procedure for review of project permits. (b) When a project permit application is filed, the project review process shall include land use, environmental, public and governmental review so that documents prepared under different requirements may be reviewed together by the public and other agencies, in one project review process. 25.04.020 Applicability (a) The provisions of this title shall apply to all land use permits under Grant County Codes including but not limited to the following: (1) Chapter 22.04 —Land Division; a. Subdivisions b. c. d. Binding Site Plans Plats WJDsPlanned Unit Developments (PUD) e. Master Planned Resorts (MPR) (2) Chapter 23.04 —Zoning; a. Site Plan Review b. Lot Consolidations c. Accessory Uses d. Temporary Uses e. Conditional Uses f. Variances (3) Chapter 24.04 — SEPA; (4) Chapter 24.08 —Critical Area; and a. Wetlands b. Floodplain Development Permits c. Habitat Critical Areas d. Aquifer Recharge Areas e. Geologically Hazardous Areas f. Cultural Resources (5) Chapter 24.12 —Shoreline Master Program. (b) The provisions of this Title shall not apply to legislative decisions, including: (1) Adoption of the Comprehensive Plan and any amendments, including Subarea Plan adoption and amendments; (2) Site -specific land use re -designations and density changes; (3) Area -wide reclassification of land use districts to implement new Comprehensive Plan policies; and (4) Adoption of development regulations and amendments. Legislative actions shall be subject to the requirements of Chapter 25.12 of the GCC. Chapter 25.04 I 2025 Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 25.04.030 Legislature Not Restricted (a) Nothing in this title shall limit the authority of the Board of County Commissioners to amend the county's comprehensive plan, development regulations or other land use or environmental regulatory laws. 25.04.040 Conflict of Provision — Severability (a) In the event that any chapter, section, subsection, sentence clause, phrase, part or portion of this title is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title or the application of the provisions to other persons or circumstances. Article II. 25.04.050 Introduction Classifications by Project Permit Type (a) 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, Type IV, or Exempt. Actions exempt from the requirements of project permit application processing are listed in 25.04.110. 25.04.060 Project Permit Types — Defined (a) The Administrative Official shall determine the procedural classification (Type I, II, III or IV) for all. project permit applications. If a question exists as to the appropriate procedure type, the Administrative Official shall resolve it in favor of the higher procedural classification. (b) The act of classifying an application as to type shall be a Type I ministerial action. Classification of an application shall be subject to appeal consistent with the appeal procedure for a Type I action. (1) Type I applications involve ministerial acts and are exempt from the Determination of Completeness and public notice requirements. Final determinations on Type I applications shall be made by the Administrative Official without a public hearing and may be appealed to the Board of County Commissioners. hi the case- of Af A h11iWi41q:na=4 La cbodp- . Such Type I applications include, but are not limited, to permitted uses not requiring site plan review, boundary line adjustments, and segregation applications, and �„ 1i' it ' . (2) Type II applications typically involve administrative acts and generally, but not always, are exempt from the public notice requirements. Final determinations on Type II applications shall be made by the Administrative Official without a public hearing, and can be appealed to the Bid sHearings Examiner. Where a decision on a Type II application is appealed to the R^ar�' of r^���*��-Col�isHearings Examiner, public notice of the open record appeal hearing shall be given. Such Type II applications include, but are not limited to, short plats, sign permits, reasonable use exception, design reviews, revisions to shoreline management permits, minor amendments to planned unit developments, and other minor administrative amendments to land use approvals. (3) Type III applications involve quasi-judicial acts and require an open record hearing before the Planning Commission or Hearings Examiner. Public notice will be provided on Type III applications. The Planning Commission's written decision constitutes a recommendation to the Board of County Commissioners. Such Type III applications include, but are not limited to, preliminary plats, vacations or alterations of plats, binding site plans, conditional use and variance Chapter 25.04 2 2025 Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 permits, planned unit developments, major amendments to planned unit developments and zoning map amendments. The decision of the Hearing's Examiner or Board of County Commissioners is not subject to further administrative review, except where the Hearings Examiner or Board of County Commissioners agrees, in its discretion, to reconsider the matter. Decisions of the Hearings Examiner or Board of County Commissioners are appealable to the Grant County Superior Court. (4) Type IV applications refer to applications for final plats. 25.04.070 Classification of Project Permit Applications (a) Classification of project permit applications shall be as delineated in Table 1. 25.04.080 Classification of Project Permit Applications — Administrative Review Administrative review of project permit applications shall be based on their classification as summarized in Table 1: and the project review and review timelines in Table 2. Table I Proiect Permit Classification Type I — Ministerial Type II - Type III — Quasi- Type IV — Final Plat Administrative Judicial Critical Shoreline Management Planned Unit Final Subdivisions' Area Ordinance Permits Permits' Developments" Permitted Uses Site Plan Review 14 Preliminary Short Preliminary Subdivisions6, Final Short Subdivisions6 Plat Vacations II Subdivisions Plat Alterations 12 Boundary Line Minor administrative Binding Site Plans 13 Adjustments2 permit amendments Segregation. Sign permits9 Variances" Applications3 Administrative Minor amendments to Major amendments to Consistency Review Planned Unit Planned Unit (Uses Allowed Outright)4 Developments" Developments" Rezone Determination of Discretionary Use Conditional Use Consistency 16 review4 Permits4,11 Zoning District Reasonable Use Minor Zoning Boundary Interpretations Exceptions 17 Amendments 16 Flood Hazard Area Development Permits' 1 See GCC Title 14. 2 See GCC § 22 Article V. 3 See GCC § 22.04.090. 4 See GCC § 23.04.040. s See Shoreline Master Program. 6 See GCC § 22.04 Article III. 7 See GCC § 22.04 Article V. 8 Not used. 9 See GCC § 23.12.130. to See GCC § 23.04.800. 11 See GCC § 22.04.490. 12 See GCC § 22.04.480. 13 See GCC § 22.04 Article VII. 14 See GCC § 23.04.140. is See GCC § 25.08. 16 See GCC § 23.04.150. 17 See GCC § 24.08.110 and GCC § 23.04.170. Chapter 25.04 3 2025 Amendments Table 2 — Summary ofAdministrative Review of Project Permit Applications and Review Timelines], Project Permit Application Type Type I — Ministerial 65 dais) Type II — Administrative 6( 5 days Type III — Quasi -Judicial Type IV Steps in Permit days Consistency Flood Risilefin BLA, Shoreline Preliminary Discretionary Conditional Minor Rezones, Final Review Process Review6 Hazard wit Segregations, Permits Short Use, Use, Others Subdivisi Permits' Others 100 days Subdivisions, Reasonable Variance, on, Final from 90 days from Use Preliminary Short NOPC NOPC Exceptions, Subdivisions, Subdivisi Others PUDs, on Public Notice of No No NO No Yes Yes No Yes Yes No Application Notice of Public Hearing No No No No No No No Yes Yes No Public Comment Period No No No No Yes Yes No Yes Yes No Open -Record Predecision No No NO No No No No Yes Yes No Hearing (Hearing Body) (HE) (PC)3 Decision Maker AO AO A9 AO AO AO AO HE PC3 BOCC Administrative Appeal No No NO No No No No N04 No No Judicial Appeal (Hearing No Yes Yes Yes Yes Yes Yes Yes Yes Yes Body) (GCSC) GCS) (GCSC) (GCSC) (GCSC) (GCSC) (GCSC) (GCSC) (GCSC) Other Appeal Nos No NO No SHB No No No No No 1 Abbreviations: AO: Administrative Official BOCC: Board of County Commissioners BLA: Boundary Line Adjustment HE: Hearing Examiner BB n : Buil a;rn Ronra O£A 1ppeals PC: Planning Commission SHB: Shorelines Hearing Board GCSC: Grant County Superior Court 2 Not Used. 25.04.510 3 PC makes advisory recommendation to BOCC, who makes final decision (see GCC § 22.04). 4 Request for reconsideration of Hearing Examiner Decision available prior to judicial appeal (see GCC 25.32) s Yes, if part of appeal of underlying construction or development permit. 6 Consistency review for Uses Allowed Outright (See GCC § 23.04.040) and Rezone Detenninations of Consistency (See GCC § 23.04.150. ' See GCC Chapter 24.16. Chapter 25.04 4 2025 Amendments 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 25.04.100 Administrative Interpretations (a) Upon request, the applicable official shall issue a formal written interpretation of a development regulation which includes the applicable shoreline master program pursuant to WAC § 173-26-140. The request shall be on a form provided by the Grant County Department of Community Development and shall include identification of the regulation in question, a description of the property (if applicable), and a clear statement of the issue or question to be decided. Grant County shall consult with the Department of Ecology on interpretations of the Shoreline Master Program to insure that any formal written interpretations are consistent with the purpose and intent of RCW § 90.58 and the applicable guidelines of WAC § 173-26-040. Formal written interpretations shall be Type I actions, unless otherwise specified, and as such may be appealed to the Grant County Commissioners or other appropriate appeal body as specified in Grant County Code or BOeCC adopted policy. 25.04.110 Exemptions from this Title (a) Wherever a permit or approval in the Grant County code has been designated Type I, II, III, or IV, the procedures in this Title shall be followed in project permit processing. The following permits or approvals are, however, specifically excluded from the procedures set forth in this title: (1) Landmark designations; (2) Street vacations; a-ftd (3) Road use permits; and. ((4) Use of public areas and facilities. (b) Pursuant to RCW § 36.70B.140(2),building pAm;*�s—lot line or boundary line adjustments, other construction permits, segregation applications, other approvals with special circumstances that warrant an alternative review process or time period, and similar administrative approvals which are categorically exempt from environmental review under SEPA, are excluded from the following procedures: (1) Determination of tech i e^' procedural completeness (25.04.160); (2) Notice of application (25.04 Article VI); (3) Master application/consolidated review processing (25.04.090); (4) Joint public hearings (25.04.330); (5) Notice of decision (25.04.370); and (6) Completion of project review within applicable time periods including the one hundred twenty (120) day permit processing time (25.04.370). (6) Lot line, boundary line, and permits which are categorically exempt from environmental review under SEPA are not exempt from the requirements of (1) determination of procedural completeness and (6) review time periods. Article III. Application Process Overview 25.04.120 Application Process Overview (a) The application process shall consist of the following components: (1) Pre -application review conference, where applicable; (2) Plan review; (3) Determination of completeness; (4) Notice of application, (5) Application review; and (6) Notice of final decision. Chapter 25.04 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (2) a general summary of the procedures to be used to process the application; (3) the references to the relevant code provisions, approval criteria, or development standards which may apply to the approval of the application; (4) the County's design guidelines; and/or (5) To the extent known by the permitting agency, the permitting agency shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application. 25.04.140 Application and Accompanying Data (a) Applications for project permits shall be submitted upon forms provided by the Administrative Official. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information: (1) A completed project permit application form signed by (1) the owner(s) of the property subject to the application, or (2) a representative authorized to do so by written instrument executed by the owner(s) and filed with the application; (2) A verified statement 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; (3) The completed application shall identify a single contact person or entity to receive determinations and notices required by this chapter; (4) All other items listed as applications requirements in the relevant sections of the Grant County ordinances and other applicable regulations governed by this Chapter; (5) A property, and/or legal description supplied by the Grant County Auditor, a title company, a surveyor licensed in the state of Washington, or other party approved by the review authority, and current Grant County assessor's map(s) showing the property(ies) subject to the application; (6) Evidence of adequate water supply as required by RCW § 19.27.097; and/or other applicable regulations; (7) Evidence of sewer availability; or evidence of on -site sewage disposal approval by the Grant County Health District, or jurisdictional agency including but not limited to the Washington State Department of Health or Washington State Department of Ecology; (8) Any SEPA documents, as applicable; and. (9) The applicable fee(s). 25.04.150 Review for Counter Complete Status (a) Before accepting an application for a Type I, Type I1, Type III, or Type IV process for review for procedurally complete status, and unless otherwise expressly provided by code, the Administrative Official shall determine if the application is counter complete. (b) The Administrative Official shall decide whether an application is counter complete when the application is accepted, typically "over the counter". . (c) An application is counter complete if the Administrative Official finds that the application purports and appears to include the information required by section 25.04140; provided, no effort shall be made to evaluate the substantive adequacy of the information in the application in the counter complete review process. (d) If the Administrative Official decides the application is counter complete, then the application shall be accepted for review for complete status. In the case of a Type I application, Chapter 25.04 7 I this review and approval may occur at the same time. However, regardless of whether the application 2 is a Type II, III or IV, a finding of counter complete status begins the 28 calendar day timeline for the 3 County to issue its determination of tieehnieal-procedural completeness specified in Section 25.04.160. 4 5 (e) If the Administrative Official decides that the application is not counter complete, then the 6 Administrative Official shall reject and return the application and identify in writing what is needed to 7 make the application counter complete. 8 9 25.04.160 Review for Teehn ^Al Procedurally Complete Status 10 11 (a) Before accepting an application for processing for a Type I, II, III or IV review, the Administrative 12 Official shall determine that the application is teehnie procedurally complete. 13 14 (b) The Administrative Official shall decide whether an application is te, hniea4� procedurally complete 15 subject to the following: 16 (1) Within twenty-eight (28) calendar days (RCW 36.70B.070) after an application is determined to 17 be counter complete 18 19 (c) A project permit application isn - ^a"y T procedurally complete if it meets the submission 20 requirements specified in section 25.04.140 above, as well as the submission requirements contained 21 in the applicable development regulations, application forms required by the Administrative Official, 22 and the applicable fee has been paid. The determination of technical completeness may also include 23 any other information the Administrative Official deems appropriate. If the application is determined 24 to be two procedurally complete, a Notice of Teel n eafl Procedurally Complete application 25 shall be provided to the application. 26 (d) If the Administrative Official decides that an application is not Procedurally complete 27 (within the time provided in subsection (b) of this section), the Administrative Official shall send the 28 applicant a "Notice of Procedurall�Incomplete Application", that outlines why the 29 application has been deemed " procedurally incomplete" and lists what information is 30 required to make the application to procedurally complete. 31 (2) The Notice of Tee e -Procedurally Incomplete Application shall specify a date by which the 32 responsive materials are required to be resubmitted. Applicants shall be provided 90-days to 33 resubmit materials for incomplete applications. Failure, by the applicant, to resubmit will result 34 in the immediate closure of the application file, which will require refiling the application 35 materials and paying the application fee for the new submittal. 36 (3) The Notice of Incomplete Application also may include recommendations for additional 37 information that, although not necessary to make the application hni.o,-all-y—Procedurally 38 complete, is recommended to address other issues that are or may be relevant to the review. 39 40 (e) If the required information is submitted by the date specified, then within fourteen (14) calendar days 41 the Administrative Official shall decide whether the application is te-ohnicall -procedurallycomplete 42 and, if not, the Administrative Official shall: 43 (1) Reject the application and mail the applicant another Notice of Incomplete Application which lists 44 the remaining additional information needed to make the application procedurally 45 complete; or 46 (2) Issue a decision denying the application, based on a lack of information; or 47 (3) Allow the applicant to restart the teehnieafl-y-procedurallycomplete review process another time 48 by providing the required missing information by a date specified by the Administrative Official, 49 in which case the Administrative Official shall retain the application and fees. 50 Chapter 25.04 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (fl A Type II, Type III or Type IV application shall be deemed to be ��procedurcomplete if a written determination has not been mailed to the proponent within twenty-eight (28) calendar days of the date the application is accepted for review. (g) Grant County's determination of technical completeness shall not preclude it from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur. Article V. Processing a Procedurally Complete Application 25.04.180 Vesting (a) An application shall become vested on the date an application is accepted as tee l procedurally complete under this Title. Thereafter, the application shall be reviewed under the codes, regulations and other laws in effect on the date of vesting; provided, in the event an applicant substantially changes his or her proposed development after a determination of completeness, as determined by the administrative official, the application shall not be considered vested until a new determination of completeness on the changes is made under this Title. Article VI. Notice of Application 25.04.190 Distribution of Notice of Application (a) Applicability. Grant County shall provide, within fourteen (14) days of the date an application is determined to be procedurally complete under this title, a notice of application for all project applications that are not categorically exempt from SEPA review, or for which a public comment period or open record pre -decision hearing is required. If an open record pre -decision hearing is required, a notice of application shall be provided at least fifteen (15) days prior to the open record hearing. If Grant County has made a SEPA determination of significance under 43.21 C RCW concurrently with the notice of application, the notice of application may be combined with the threshold determination and scoping notice for a determination of significance. Nothing in this sub -section prevents a determination of significance and scoping notice from being issued prior to a notice of application. (b) Issuance of Notice of Application. The notice of application shall be provided by one or more of the following methods, as required by 25.04.200 Table 3: (1) Mailing to project applicant or the designated representative of the applicant; (2) Mailing to County Departments and agencies with jurisdiction; (3) Publishing a summary of the notice, including at least the project location in other than a legal description, brief description of the project, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, in the County's official newspaper of general circulation; (4) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered or who request such notice in writing; (5) Mailing to adjacent landowners. Adjacent landowners are 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 proposal's tax parcel or lot of record (real property). If the owner of real property which is proposed for activity owns another parcel or parcels of real property which lie adjacent to the real property proposed for activity, notice shall be given to owners of real property located within three hundred Chapter 25.04 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (D) Any person who submits a written request for notification on a specific application. (c) 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. Failure to send notice by mail to any such property owner where the address of said owner is not a matter of public record or because the ownership is not of public record shall not invalidate any proceedings on the application. Article VII. Procedures for Application Review 25.04.250 Type I Procedure — Ministerial Decision (a) Review. The Administrative Official shall approve, approve with conditions, or deny a Type I application within one hundred twenty (120) calendar days after the date the application was accepted as tech ioally procedurallycomplete; provided an applicant may agree in writing to extend the time in which the County shall issue a decision. The County may consider new evidence or information the applicant provides with or after such a written request. (b) No Public Hearing. No public hearing is re uiredmulft orize for a Type I application. 25.04.260 Type II Procedure — Administrative Decision (a) Review. The Administrative Official shall approve, approve with conditions, or deny a Type II application within one hundred twenty (120) calendar days after the date the application was accepted as procedurally complete. The County shall issue a written decision regarding the application(s); provided that: (1) If a determination of significance (DS) is issued, then the Administrative Official shall issue a decision not sooner than seven (7) calendar days after a final environmental impact statement is issued; and (2) An applicant may agree in writing to extend the time in which the Administrative Official shall issue a decision. The Administrative Official may consider new evidence or information the applicant provides with or after such a written request. (b) Final Decisions. Final decisions shall be made as specified in Article IX of this chapter. 25.04.270 Type III Procedure — Quasi Judicial Decision (a) Review. A Type III application requires one (1) public hearing before the Planning Commission or the Hearing Examiner. In the case of a Planning Commission hearing, their decision constitutes a recommendation to the Board of County Commissioners. The public hearing should be held within ninety (90) days after the date the County issues the determination that the application is procedurally complete. Preliminary Plats must be approved, disapproved or returned to the applicant for modification or correction within ninety days from the filing date of an application that has been accepted by the Planning Department and determined to be te,,hn oafl- T procedurally complete except as may be provided by this title. In determining the number of days that have elapsed after Grant County has notified the applicant that the application is complete, the periods stated in 25.04.370(c) shall be excluded. (b) Planning Commission Recommendation. The Planning Commission is a recommending authority for Type III applications as outlined in Table 2; the Board of County Commissioners renders final decisions. The Planning Commission shall direct the Planning Department within fourteen (14) days of the date of the open record hearing to prepare a written report setting forth the recommendation of the Chapter 25.04 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (b) Distribution of Final Decision. The Notice of Decision shall be provided to the applicant and the applicant's designated representative and all parties of record, including all persons who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. 25.04.380 Timeline for Notice of Decision (a) Unless otherwise provided in this Chapter, the notice of decision shall be issued within one hundred twenty (120) calendar days after the date of determination of teehnie4procedural completeness under the provisions of GCC § 25.04.160; provided, the review authority shall not issue a written decision regarding the application(s) until at least fifteen (15) calendar days after the threshold determination under the Grant County SEPA Ordinance is made. (b) A proponent may agree in writing to extend the time in which the review authority shall issue a decision. The review authority may consider new evidence the proponent introduces with or after such a written request. (c) 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 decision, the following periods shall be excluded: (1) Any period during which the applicant has been requested by Grant County to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the County notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen (14) days after the date the information has been provided to the County; (2) If the County determines that the additional information submitted by the applicant is insufficient, it shall notify the applicant of the continued deficiencies, and the procedures under subsection (1) above 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; (4) Any period for administrative appeals of project permits or SEPA, 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. (5) The parties may agree to extend these time periods. (d) If the County 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 the issuance of the notice of decision. 25.04.390 Exemptions from Time Periods for Issuing Notice of Decision (a) The time limits established in 25.04.080 Table 2by-25-.04. do not apply if a permit application: (1) Requires amendment to the comprehensive plan or development regulation(s); (2) Requires approval of a new fully contained community, a master planned resort, or the siting of an essential public facility; or Chapter 25.04 18