City of Cahsmere

The purpose of this title is to prescribe the manner in which permits for development and construction are classified and processed, and the general procedures and practices for development permit administration.

The purpose of Chapters 14.01, 14.03, 14.05, 14.07 and 14.09 CMC is to enact the processes and time lines for local land development permitting. The objectives of these chapters are to encourage the preparation of appropriate information early in the permitting process, to process permit applications in a timely manner, to provide the general public with an adequate opportunity for review and comment, to integrate environmental review with development project review, and to provide the development community with a standardized process and predictability.

This title shall apply to permit applications for land development under the following titles of the Cashmere Municipal Code:

Title 15

Title 16

Title 17

Title 18

Certain chapters within this title may apply to other titles within the CMC, as indicated elsewhere in the CMC. Other laws, ordinances, regulations and plans have a direct impact on the development of land. These include, but are not limited to, the city of Cashmere comprehensive land use plan, the Cashmere shoreline master program, the city’s wastewater facilities plan and comprehensive water system plan, the six-year transportation improvement program, the Cashmere Municipal Code (CMC), particularly CMC Titles 12, 13, 15, 16, 17, and 18, the Uniform Building Code, and the laws, ordinances, regulations and plans of federal, state and local agencies. (Ord. 973 § 1, 2000).

14.01.020 Supersedes where conflict.

This title of the Cashmere Municipal Code (CMC) shall supersede other titles, chapters and sections of the CMC where conflict exists. (Ord. 973 § 1, 2000).

14.01.030 Rules of interpretation.

For the purposes of the development code, all words used in the code shall have their normal and customary meaning, unless specifically defined otherwise in this code.

Words used in the present tense include the future.

The plural includes the singular and vice versa.

The words “will” and “shall” are mandatory.

The word “may” indicates that discretion is allowed.

The word “used” includes designed, intended or arranged to be used.

The masculine gender includes the feminine and vice versa.

Distances shall be measured horizontally unless otherwise specified.

The word “building” includes a portion of a building or a portion of the lot on which it stands. (Ord. 973 § 1, 2000).

14.01.040 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this title:

“Application” means a request for any land use permit required from the city for proposed development or action, including without limitation building permits, conditional uses, binding site plans, planned developments, subdivisions, variances, site plan reviews, permits or approvals required by critical area ordinances, and site-specific rezones.

“Closed record appeal” means an appeal on the record with no new evidence or information allowed to be submitted and only appeal argument allowed.

“Open record hearing” means a hearing that creates the record through testimony and submission of evidence and information. An open record hearing may be held on an appeal if no open record hearing has previously been held on the application.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering to obtain comments from the public or other agencies on an application. A public meeting does not constitute an open record hearing. (Ord. 973 § 1, 2000).

Chapter 14.03

ADMINISTRATION

Sections:

14.03.010 Roles and responsibilities.

14.03.020 City administrator.

14.03.030 City council.

14.03.040 Planning commission.

14.03.050 Hearing examiner.

14.03.010 Roles and responsibilities.

A. The regulation of land development is a cooperative activity including elected officials, the planning commission, the hearing examiner and city staff. The specific responsibilities of these bodies is set forth below.

B. A developer is expected to read and understand the city development code and be prepared to fulfill the obligations placed on the developer by the CMC, particularly CMC Titles 14 through 18. (Ord. 973 § 1, 2000).

14.03.020 City administrator.

The city administrator shall review and act on the following:

A. Authority. The city administrator is responsible for the administration of CMC Titles 14, 15, 16, 17 and 18 and associated RCWs and WACs.

B. Administrative Interpretation. Upon request or as determined necessary, the city administrator shall interpret the meaning or application of the provisions of said titles and issue a written administrative interpretation within 30 days. Requests for interpretation shall be written and shall concisely identify the issue and desired interpretation.

C. Administrative Decisions. The city administrator is responsible for issuing administrative decisions as set forth in CMC 14.09.030 and 14.09.040.

D. Applications for shoreline substantial development permits, variances, conditional use permits and nonconforming use permits pursuant to the Shoreline Management Act and the Cashmere shoreline master program. (Ord. 973 § 1, 2000).

14.03.030 City council.

The city council shall review and act on the following subjects:

A. Recommendations of the planning commission;

B. Final plat approvals in accordance with the procedures for closed record decisions pursuant to CMC 14.09.080;

C. Appeals of the hearing examiner’s decision on a rezone that is not of general applicability in accordance with the procedures for closed record decisions pursuant to CMC 14.09.080. (Ord. 973 § 1, 2000).

14.03.040 Planning commission.

The planning commission shall review and make recommendations on the following issues:

A. Amendments to the comprehensive plan;

B. Amendments to the subdivision code, CMC Title 16;

C. Amendments to the zoning code, CMC Title 17, including changes to the official zoning map which are of general applicability;

D. Amendments to the environment code, CMC Title 18, except to the SEPA procedures code, Chapter 18.04 CMC; and

E. Other actions requested or remanded by the city council. (Ord. 973 § 1, 2000).

14.03.050 Hearing examiner.

The hearing examiner shall review and make decisions on the following applications:

A. Preliminary subdivisions;

B. Planned developments;

C. Rezones which are not of general applicability;

D. Applications for variances and conditional use permits;

E. Amendments and/or alterations to plats;

F. Petitions for plat vacations;

G. Appeals alleging an error in a decision of a city official in the interpretation or the enforcement of the zoning code or any other part of the development code;

H. Appeals alleging an error in a decision of a city official in taking an action on a short subdivision or binding site plan;

I. Appeals alleging an error in administrative decisions or determinations pursuant to Chapter 43.21C RCW; and

J. Any other matters as specifically assigned to the hearing examiner by the city council or as prescribed by the city code. (Ord. 973 § 1, 2000).

Chapter 14.05

APPLICATION FORMS

Sections:

14.05.010 Application forms.

A. An application shall be made using the appropriate form provided by the city of Cashmere.

B. Each application form shall, at a minimum, include the following:

1. The application form shall be filled out legibly, in blue or black ink, either hand printed or typewritten.

2. The name, mailing address and telephone number of each applicant.

3. The name, mailing address and telephone number of the applicant’s representative, if any.

4. The name, mailing address and telephone number of each owner of the subject property, if different than the applicant(s).

5. The name, mailing address, telephone number and contractor registration number of the applicant’s prime contractor, if any.

6. The parcel number, legal description and assessor’s parcel map for each parcel which is the subject of the proposed development.

7. The signatures of each applicant or the applicant’s representative, and each property owner if different than the applicant(s).

8. Any other information, documents or materials, as determined by the city, which may be required in the body of the form or by an attachment to the form, e.g., a narrative description of the project.

C. Each application form shall require designation of a single person or entity to receive determinations and notices required under this code or by Chapter 36.70B RCW. Where a determination or notice to the “applicant” is required by this code or Chapter 36.70B RCW, “applicant” shall mean the person or entity so designated.

D. Each application shall contain the following statement: “This application shall be subject to all additions to and changes in the laws, regulations and ordinances applicable to the proposed development until a determination of completeness has been made pursuant to Chapter 14.07 CMC.” (Ord. 973 § 1, 2000).

Chapter 14.07

APPLICATION PROCESS

Sections:

14.07.010 Application process.

14.07.020 Formal preapplication meeting.

14.07.030 Consolidated application process.

14.07.040 Plan review.

14.07.050 Determination of completeness.

14.07.060 Technical review committee.

14.07.070 Application vesting.

14.07.080 Notice of application.

14.07.090 Notice of public hearing.

14.07.010 Application process.

The application process shall consist of the following components:

A. Formal preapplication meeting;

B. Plan review;

C. Determination of completeness;

D. Technical review committee;

E. Notice of application;

F. Application review;

G. Notice of final decision. (Ord. 973 § 1, 2000).

14.07.020 Formal preapplication meeting.

A. All prospective applicants shall participate in a formal preapplication meeting. The city may waive the requirement of a formal preapplication meeting where proposed development is subject to limited administrative review.

B. The purpose of the formal preapplication meeting is to provide the applicant with the best available information regarding the development proposal and application processing requirements, and to assure the availability of complete and accurate development information necessary for review prior to the applicant’s expenditure of application fees and the scheduling of the application review process.

C. The formal preapplication meeting provides an opportunity for the applicant, staff and other agencies to informally discuss and review the proposed development, the application and permit requirements, fees, the review process and schedule, and applicable development standards, plans, policies, and laws.

D. The formal preapplication meeting shall take place at the city’s offices, unless another location is agreed upon by the city and the applicant. The length of the formal preapplication meeting shall be determined by the complexity of the development proposed by the applicant.

E. Within 20 days after the formal preapplication meeting, the city will prepare and send the applicant a written summary of the meeting, and a list of any specific documents, information, legal descriptions or other requirements that must be submitted with the application. Such list shall be in addition to the requirements set forth in the appropriate application form.

F. An applicant may request one or more additional formal preapplication meeting if the proposed development changes based on information received at the previous meeting. The additional meetings shall be subject to the same procedures as the initial formal preapplication meeting.

G. Application forms shall be made available to the applicant following a formal preapplication meeting.

H. Applicants for development are encouraged to participate in an informal meeting prior to the formal preapplication meeting. The purpose of the meeting is to discuss, in general terms, the proposed development, city design standards, design alternatives and required permits and approval process(es). (Ord. 973 § 1, 2000).

14.07.030 Consolidated application process.

A. When more than one application for a proposed development is required, the applicant may elect to have all applications submitted for review at one time.

B. Applications for proposed development and planned actions subject to the provisions of the State Environmental Policy Act (SEPA) shall be reviewed concurrently and in accordance with the state and local laws, regulations and ordinances.

C. When more than one application is submitted under a consolidated review and the applications are subject to different types of review procedures, all of the applications for the proposed development shall be subject to the highest level of review procedure which applies to any of the applications.

D. If an applicant elects a consolidated application process, the determination of completeness, the notice of application, and the notice of final decision must include all applications being reviewed. (Ord. 973 § 1, 2000).

14.07.040 Plan review.

A. A plan review shall be conducted by the city to determine if the application is complete. The plan review shall determine if adequate information is provided in or with the application in order to begin processing the application, and that all required information and materials have been supplied in sufficient detail to begin the application review process. All information and materials required by the application form and from the formal preapplication meeting must be submitted. All studies supporting the application or addressing projected impacts of the proposed development must be submitted.

B. The purpose of the plan review is to ensure adequate information is contained in the application materials to demonstrate consistency with applicable comprehensive plans, development regulations and other applicable city codes. City staff will coordinate the involvement of agencies responsible for the review of setbacks, landscaping, parking, drainage, access, roads, traffic, signs, utilities and any other applicable requirements. (Ord. 973 § 1, 2000).

14.07.050 Determination of completeness.

A. Within 28 days after receiving an application, the city shall complete the plan review of the application and provide the applicant a written determination that the application is either complete or incomplete.

B. An application shall be determined complete only when it contains all of the following information and materials:

1. A fully completed and signed application.

2. Applicable review fees.

3. All information and materials required by the application form.

4. A fully completed and signed environmental checklist for projects subject to review under the State Environmental Policy Act.

5. The information specified for the desired project in the appropriate title of the CMC.

6. A plot plan disclosing all existing and proposed structures and features applicable to the desired development, for example, parking, landscaping, preliminary drainage plans with supporting calculations, signs, setbacks, etc.

7. Any additional information and materials identified at the formal preapplication meeting or required by applicable development standards, plans, policies or any other federal, state or local laws.

8. Any supplemental information or special studies identified by the city.

C. For applications determined to be incomplete, the city shall identify, in writing, the specific requirements, information or materials necessary to constitute a complete application. Within 14 days after its receipt of the additional requirements, information or materials, the city shall issue a determination of completeness or identify the additional requirements, information, or materials still necessary for completeness.

D. A determination of completeness shall identify, to the extent known, other local, state or federal agencies that may have jurisdiction over some aspect of the application.

E. A determination of completeness shall not preclude the city from requesting additional information or studies if new information is required or a change in the proposed development occurs.

F. Upon issuing a determination of completeness, the application materials, including the applicable SEPA review information, will be referred to appropriate agencies for review and comment. (Ord. 973 § 1, 2000).

14.07.060 Technical review committee.

A. Immediately following the determination of completeness, the city will schedule a meeting of the technical review committee (TRC). The TRC may be composed of representatives of all affected city departments, utility districts, the fire department, and any other entities or agencies with jurisdiction.

B. The TRC shall review the development application for issues including but not limited to compliance with city plans and regulations, coordinate necessary permit reviews, and identify the development’s potential environmental impacts. (Ord. 973 § 1, 2000).

14.07.070 Application vesting.

An application shall become vested on the date a determination of completeness is made 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/her proposed development after a determination of completeness, as determined by the city, the application shall not be considered vested until a new determination of completeness on the changes is made under this title. (Ord. 973 § 1, 2000).

14.07.080 Notice of application.

A. Within 14 days after issuing a determination of completeness, the city shall issue a notice of application. The notice shall include, but not be limited to, the following:

1. The date of application, the date of the determination of completeness, and the date of the notice of application.

2. A description of the proposed project action, a list of permits required for the application, and if applicable, a list of any studies requested.

3. The identification of other required permits not included in the application, to the extent known by the city.

4. The identification of existing environmental documents which evaluate the proposed development and the location where the application and any studies can be reviewed.

5. A statement of the public comment period, which shall be 14 days following the date of the notice of application, and a statement of the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision once made, and a statement of any appeal rights.

6. The date, time, location and type of hearing, if applicable and scheduled at the date of the notice of application.

7. A statement of the preliminary determination, if one has been made at the time of notice of application, of those development regulations that will be used for project mitigation and of consistency with the type of land use of the proposed site, the density and intensity of proposed development, infrastructure necessary to serve the development, and the character of the development.

8. Any other information determined by the city to be appropriate.

B. Informing the Public. The notice of application shall be posted in the following manner:

1. It shall be posted on the subject property for the duration of the public comment period. The city shall post and maintain the notice throughout the entire public comment period. The location and manner of posting shall be determined by the city and shown on the applicant’s site plan. The city will post the notice of application upon payment of all applicable fees. After the public comment period, the city staff person responsible for posting the notice of application shall sign an affidavit of posting before a notary public, using the form adopted by the city, and the affidavit of posting shall be placed in the application file.

2. It shall be posted at City Hall.

3. Where no other public notice, such as the required notice of a public hearing, is required, the notice of application shall be published once in the official newspaper for the city of Cashmere.

C. The notice of application is not a substitute for any required notice of a public hearing.

D. A notice of application is not required for the following actions, when they are categorically exempt from SEPA or environmental review has been completed:

1. An application for a single-family residence, accessory uses or other minor construction building permits;

2. Application for a lot line adjustment;

3. Any application for which limited administrative review is determined applicable. (Ord. 973 § 1, 2000).

14.07.090 Notice of public hearing.

When required, notice of a public meeting or hearing for all development applications and all open record appeals shall be given as follows:

A. Time of Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions under CMC Titles 14 through 18 shall be made by:

1. Publication in the official newspaper at least 10 days before the date of a public meeting, hearing, or pending action; and

2. Mailing at least 10 days before the date of a public meeting, hearing, or pending action to all property owners, as shown on the records of the county assessor, and all street addresses of properties within 350 feet, not including street rights-of-way, or the boundaries of the property which is the subject of the meeting or pending action. Addressed, pre-stamped #10 envelopes shall be provided by the applicant; and

3. Posting at least 10 days before the meeting, hearing, or pending action at City Hall and at least one notice on the subject property.

B. Content of Notice. The public notice shall include a general description of the proposed project, action to be taken, a nonlegal description of the property or a vicinity map or sketch, the time, date and place of the public hearing and the place where further information may be obtained.

C. Continuations. If for any reason a meeting or 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, time and place certain and no further notice under this section is required. (Ord. 973 § 1, 2000).

Chapter 14.09

REVIEW AND APPROVAL PROCESS

Sections:

14.09.010 Application review criteria.

14.09.020 Application review classification.

14.09.030 Limited administrative review of applications.

14.09.040 Full administrative review of applications.

14.09.050 Quasi-judicial review of applications.

14.09.060 Legislative review of applications.

14.09.070 Procedures for public hearings.

14.09.080 Procedures for closed record decisions and appeals.

14.09.090 Notice of final decision.

14.09.010 Application review criteria.

Review of an application and proposed development shall be governed by and be consistent with the fundamental land use planning policies and choices which have been made in the city’s adopted comprehensive plans and development regulations. The review process shall consider the type of land use permitted at the proposed site, the density and intensity of the proposed development, the infrastructure available and needed to serve the development, the character of the development and its consistency with the comprehensive plan and development regulations. In the absence of applicable development regulations, the applicable development criteria in the comprehensive plan or subarea plan adopted under Chapter 36.70A RCW shall be determinative. (Ord. 973 § 1, 2000).

14.09.020 Application review classification.

A. Following the issuance of a determination of completeness and a notice of application, an application shall be reviewed at one of four levels:

1. Limited administrative review;

2. Full administrative review;

3. Quasi-judicial review;

4. Legislative review.

B. If this title or the CMC provides that a proposed development is subject to a specific type of review, or a different review procedure is required by law, then the application for such development shall be processed and reviewed accordingly. If this title does not provide for a specific type of review, or if a different review procedure is not required by law, then the city shall determine the type of review to be used for the type and intensity of the proposed development.

C. Any public meeting or required open public hearing may be combined by the city with any public meeting or open record public hearing that may be held on the proposed development by another local, state, federal or other agency. Hearings shall be combined if requested by the applicant. However, joint hearings must be held within the city and within the time limits of this title and Chapter 36.70B RCW. (Ord. 973 § 1, 2000).

14.09.030 Limited administrative review of applications.

Limited administrative review shall be used when the proposed development is subject to clear, objective and nondiscretionary standards that require the exercise of professional judgment about technical issues and the proposed development is categorically exempt from the State Environmental Policy Act (SEPA). Permits reviewed through this process are not subject to the requirements of Chapter 14.07 CMC. The city may approve, approve with conditions, or deny the application after the date the application is accepted as complete. The decision of the city is final unless an administrative appeal process is provided for in this or any other title within the CMC. This type of review includes, but is not limited to, the following:

A. Interpretation of codes and ordinances;

B. Single-family and other minor building permits not subject to environmental review;

C. Fence permits;

D. Boundary line adjustments;

E. Fill and grade permits;

F. Encroachment permits to work within a right-of-way;

G. Flood development permits; and

H. Minor amendments or modifications to approved developments or permits which may affect the precise dimensions or location of buildings, accessory structures and driveways, but do not affect the overall project character, increase the number of lots, dwelling units or density, or decrease the quality or amount of open space. (Ord. 973 § 1, 2000).

14.09.040 Full administrative review of applications.

A. Full administrative review shall be used when the proposed development is subject to objective and subjective standards that require the exercise of limited discretion about nontechnical issues and about which there may be limited public interest. The proposed development may or may not be subject to SEPA review. This type of review includes, but is not limited to, the following:

1. Short subdivisions;

2. Binding site plans;

3. Group A home occupations;

4. Shoreline substantial development permits, variances, conditional use permits and nonconforming use permits pursuant to the Shoreline Management Act and the Cashmere shoreline master program; and

5. Multifamily, commercial, industrial and/or office building permits that are subject to environmental review pursuant to CMC Title 18 and the State Environmental Policy Act (SEPA).

B. The review procedure under full administrative review shall be as follows:

1. If the proposed development is subject to the State Environmental Policy Act (SEPA), the threshold determination may be made concurrent with the public comment period required in the notice of application, pursuant to the provisions of WAC 197-11-355, Optional DNS, and Chapter 18.04 CMC.

2. The city may approve, approve with conditions, or deny the application after the date the application is accepted as complete, and upon completion of the public comment period and the comment period required by SEPA, if applicable. The decision of the city is final unless an administrative appeal process is provided for in this or any other title within the CMC. The city shall mail the notice of decision to the applicant and all parties of record. The decision shall be issued pursuant to CMC 14.09.090, Notice of final decision. (Ord. 973 § 1, 2000).

14.09.050 Quasi-judicial review of applications.

A. Quasi-judicial review shall be used when the development or use proposed under the application requires a public hearing before a hearing body which will generally be the hearing examiner. This type of review includes, but is not limited to, the following:

1. Administrative appeals, including those relating to Chapter 43.21C RCW;

2. Preliminary subdivisions;

3. Plat alterations and/or vacations;

4. Conditional use permits, including Group B home occupations;

5. Planned developments;

6. Variances;

7. Rezones which are not of general applicability; and

8. Other similar development permit applications.

B. The review procedure under quasi-judicial review shall be as follows:

1. A quasi-judicial review process requires an open record public hearing before the appropriate hearing body which is generally the hearing examiner.

2. The public hearing shall be held after the completion of the public comment period and the comment period required by SEPA, if applicable.

3. At least 10 days before the date of a public hearing the city shall issue public notice of the date, time, location and purpose of the hearing, pursuant to CMC 14.07.090.

4. At least seven days before the date of the public hearing, the city shall issue a written staff report, integrating the SEPA review and threshold determination and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation to the applicant or the applicant’s designated representative. The city shall make available a copy of the staff report, subject to payment of a reasonable charge, to other parties who request it.

5. Public hearings shall be conducted in accordance with the rules of procedure adopted by the hearing body. Lacking any adopted hearing procedures, the provisions of CMC 14.09.070 shall be used to conduct the public hearing. A public hearing shall be recorded on either audio or audio-visual tape.

6. Within 10 working days after the date the public record closes, the hearing body shall issue a written decision regarding the application(s).

7. The hearing body may approve, approve with conditions or deny the application and shall mail the notice of its decision to the city, applicant, the applicant’s designated representative, the property owner(s), and any other parties of record. The decision shall be issued pursuant to CMC 14.09.090, Notice of final decision. (Ord. 973 § 1, 2000).

14.09.060 Legislative review of applications.

A. Legislative review shall be used when the proposed development involves the creation, implementation or amendment of city policy or law. Projects reviewed through this process are not subject to the requirements of Chapter 14.07 CMC. This type of review includes, but is not limited to, comprehensive plan, sub-area plan, zoning and/or development code reviews, amendments and updates.

B. Legislative review shall be conducted as follows:

1. Legislative review generally requires at least one public hearing before the planning commission, one public meeting before the city council, and in most instances will involve at least one public hearing before the city council.

2. When an application by a private individual is part of the proposed legislative action, the application shall contain all information and material requirements, including the appropriate fee(s), required by the appropriate application form and any formal preapplication meeting.

3. At least 10 days before the date of the first planning commission hearing the city shall issue public notice of the date, time, location and purpose of the hearing pursuant to CMC 14.07.090. The notice shall include notice of the SEPA threshold determination issued by the city.

4. At least seven days prior to the hearing the city shall issue a written staff report, integrating the SEPA review and threshold determination and recommendation regarding the application(s), shall make available to the public a copy of the staff report for review and inspection, and shall mail a copy of the staff report and recommendation to the applicant or the applicant’s designated representative, and planning commission members. The city shall make available a copy of the staff report, subject to a reasonable charge, to other persons who request it.

5. Following the public hearing of the planning commission, in accordance with Chapter 35A.63 RCW, a recommendation of the planning commission shall be forwarded to the city council at the next regularly scheduled meeting. Upon receiving the recommendation from the planning commission, the city council shall set a public meeting to consider the proposal, at which they may either accept or reject the recommendation.

6. The council must hold a public hearing to consider any changes to the recommendation of the planning commission. The council may approve, approve with conditions, deny or remand the proposal back to the planning commission for further review after such public hearing.

7. In the event the city council determines that the public hearing record of the planning commission is insufficient or otherwise flawed, the council may remand the matter back to the planning commission to correct the deficiencies. The council shall specify the items or issues to be considered and the time frame for completing the additional work.

8. The final decision of the council shall be by ordinance, resolution or motion, as appropriate. Where the final decision of the council is made by motion, it shall be in writing and shall include those items described in CMC 14.09.090. (Ord. 973 § 1, 2000).

14.09.070 Procedures for public hearings.

Public hearings shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to create or supplement an evidentiary record upon which the body will base its decision. The public hearing shall be declared open and, in general, the following sequence of events shall be observed:

A. Staff presentation, including submittal of any administrative reports. The hearing body may ask questions of the staff.

B. Applicant presentation, including submittal of any materials. The hearing body may ask questions of the applicant.

C. Testimony or comments by the public germane to the matter. Questions directed to the staff or the applicant shall be posed by the hearing body at its discretion.

D. Rebuttal, response or clarifying statements by the staff and the applicant.

E. The evidentiary portion of the public hearing shall be closed and, where applicable, the hearing body shall deliberate on the matter before it. (Ord. 973 § 1, 2000).

14.09.080 Procedures for closed record decisions and appeals.

A. Closed record decisions and appeals shall be conducted in accordance with the hearing body’s rules of procedure as provided for public hearings, and shall serve to provide argument and guidance for the body’s decision.

B. Closed record decisions on requests for final plat approval of a preliminary subdivision shall consist of the following recommendations for approval or disapproval:

1. A recommendation from the city water and sewer department as to the adequacy of the proposed means of sewage disposal and water supply;

2. A recommendation from the city as to the compliance with all terms of the preliminary approval of the proposed subdivision; and

3. A recommendation of approval or disapproval from the city engineer.

C. Upon review of the request for final plat approval of a preliminary subdivision, the hearing body shall approve, disapprove or remand the final plat to the applicant with specific instructions for compliance with the preliminary subdivision approval.

D. For closed record appeals, no new evidence or testimony shall be given or received, except that the parties to an appeal may submit timely written statements or arguments. (Ord. 973 § 1, 2000).

14.09.090 Notice of final decision.

A. The city will strive to issue a written notice of final decision on an application reviewed pursuant to either a full administrative or a quasi-judicial review process within 120 days after the date of the determination of completeness. In determining the number of days that have elapsed, the following periods shall be excluded:

1. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional information or materials. The period shall be calculated from the date the city issues the request to the applicant to the earlier of the date the city determines whether the additional information satisfies its request or 14 days after the date the information has been received by the city.

2. If the city determines the information submitted by the applicant under subsection (A)(1) of this section is insufficient, it shall again notify the applicant of deficiencies and the procedures under subsection (A)(1) of this section shall apply to the request for information.

3. Any period during which an environmental impact statement (EIS) is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.

4. Any period for administrative appeals, which shall not exceed 90 days for open record appeals and 60 days for closed record appeals.

5. Any extension of time mutually agreed upon by the applicant and the city.

B. The time limit by which the city will strive to issue a written notice of final decision does not apply if an application:

1. Requires an amendment to a comprehensive plan or development regulation.

2. Requires the siting of an essential public facility, as provided in Chapter 36.70A RCW and as may be hereafter amended.

3. Is substantially revised by the applicant after a determination of completeness has been issued, in which case the time period shall start from the date on which the revised project application is determined to be complete.

C. If the city is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

D. In accordance with state law, the city is not liable for damages which may result from the failure to issue a timely notice of final decision.

E. The written notice of final decision for full administrative decisions, quasi-judicial decisions and legislative actions made by motion of the city shall include the following information:

1. A statement of the applicable criteria and standards in the development codes and other applicable law.

2. A statement of the findings of the review authority, stating the application’s compliance or noncompliance with each applicable criterion, and assurance of compliance with applicable standards.

3. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with all applicable laws.

4. A statement that the decision is final unless appealed as provided in Chapter 14.11 CMC, Appeals. The statement shall state the appeal closing date and describe how a party may appeal the decision, including applicable fees and the elements of a notice of appeal.

5. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for inspection. The notice shall list the place, days and times when the case file is available for inspection and the name and telephone number of the city’s representative to contact to arrange inspection.

6. A written notice of decision rendered by the city council may be in the form of the signed ordinance or resolution.

F. Effective Date. The final decision of the council or hearing body shall be effective on the date stated in the notice of decision, resolution, or ordinance. (Ord. 973 § 1, 2000).

Chapter 14.11

APPEALS

Sections:

14.11.010 Appeal of administrative interpretations and decisions.

14.11.020 Appeal of hearing examiner decisions.

14.11.030 Administrative appeals.

14.11.040 Judicial appeals.

14.11.050 Transcription costs and record preparation.

14.11.060 Reconsideration.

14.11.010 Appeal of administrative interpretations and decisions.

Administrative interpretations and administrative decisions pursuant to CMC 14.09.030 (A) and 14.09.040(A) and (B), including appeals of administrative decisions or determinations made pursuant to Chapter 43.21C RCW, may be appealed, by applicants or parties of record, to the hearing examiner as provided for in CMC 14.11.030. There are no appeals of administrative decisions issued pursuant to CMC 14.09.030(B) through (H). (Ord. 973 § 1, 2000).

14.11.020 Appeal of hearing examiner decisions.

Appeals of a rezone not of general applicability (site-specific) shall be made to the Cashmere city council for review at a closed record appeal as provided for in CMC 14.11.030. All other decisions of the hearing examiner may be appealed, by applicants or parties of record from the hearing examiner public hearing, to the Chelan County superior court as provided for in CMC 14.11.040; provided, however, that no final decision of the hearing examiner may be appealed to Chelan County superior court unless such party has first brought a timely motion for reconsideration of the hearing examiner’s decision pursuant to CMC 14.11.060. (Ord. 973 § 1, 2000).

14.11.030 Administrative appeals.

A. Filing. Every appeal to the hearing examiner shall be filed with the city within 10 days after the date of the decision of the matter being appealed. If the 10-day period ends on a weekend or on a holiday, the following working day shall be the tenth day.

B. Contents. The notice of appeal shall contain a concise statement identifying:

1. The decision being appealed;

2. The name and address of the appellant and his/her interest(s) in the matter;

3. The specific reasons why the appellant believes the decision to be wrong, including identification of each finding of fact, each conclusion, and each condition or action ordered which the appellant alleges is erroneous. The appellant shall bear the burden of proving the decision was wrong;

4. The specific desired outcome or changes to the decision;

5. The appeal fee.

C. Process. Upon receipt of a notice of appeal containing all information required in subsection B of this section, the city shall schedule with the applicable hearing body either an open record hearing or a closed record appeal hearing if an open record hearing has already been held on an application.

D. Closed record appeals shall be conducted in accordance with the hearing body’s rules of procedure and shall serve to provide argument and guidance for the body’s decision. Closed record appeals shall be conducted generally as provided for public hearings, except that no new evidence or testimony shall be given or received except as provided in subsection (D)(3) of this section. The parties to the appeal may submit timely written statements or arguments.

1. A decision following a closed record appeal hearing shall include one of the following actions:

a. Grant the appeal in whole or in part.

b. Deny the appeal in whole or in part.

c. Remand for further proceedings and/or evidentiary hearing.

2. In the event the hearing body determines that the public hearing record or record on appeal is insufficient or otherwise flawed, it may remand the matter back to the hearing body to correct the deficiencies. The items or issues to be considered and the time frame for completing the additional work shall be specified.

3. The hearing body may receive new evidence in addition to that contained in the record on appeal only if it relates to the validity of the underlying decision at the time the decision was made and is needed to decide disputed issues regarding:

a. The proper constitution of or disqualification grounds pertaining to the decision maker.

b. The use of unlawful procedure.

E. SEPA Appeals. In addition to the items listed above, CMC 18.04.210 shall be complied with when filing administrative appeals of SEPA decisions or determinations. (Ord. 973 § 1, 2000).

14.11.040 Judicial appeals.

Appeals from the final decision of the city council or hearing examiner involving CMC Titles 14, 15, 16, 17 or 18, and for which all other appeals specifically authorized have been timely exhausted, including the provisions of CMC 14.11.060, shall be made to Chelan County superior court and served on all necessary parties within 21 days of the date the decision or action became final, unless another time period is established by state law or local ordinance.

Notice of the appeal and any other pleadings required to be filed with the court shall be served on the city administrator and city attorney within the applicable time period. This requirement is jurisdictional. (Ord. 973 § 1, 2000).

14.11.050 Transcription costs and record preparation.

The cost of transcribing and preparing all records ordered certified by the court, required at the discretion of the hearing examiner or required at the discretion of the city attorney, shall be borne by the appellant. The appellant shall post with the city clerk prior to the preparation of any records an advance fee deposit in the amount specified by the city clerk. The city clerk shall ascertain the approximate charge of the transcription. Any overage will be promptly returned to the appellant. Any undercharges shall be promptly paid by the appellant. (Ord. 973 § 1, 2000).

14.11.060 Reconsideration.

An applicant or party of record to a hearing examiner’s public hearing may seek reconsideration only of a final decision by filing a written request for reconsideration with the administrator within 10 days of the final decision. The request shall comply with CMC 14.11.030(B). The hearing examiner shall, within 30 days of receipt of the request for reconsideration, consider the request at a public meeting, without public comment or argument by the party filing the request. If the request is denied, the previous action shall become final. If the request is granted, the hearing examiner may immediately revise and reissue its decision or may call for argument in accordance with the procedures for closed record appeals. Reconsideration will be granted only when an obvious legal error has occurred or a material factual issue has been overlooked that would change the previous decision. (Ord. 973 § 1, 2000).

Chapter 14.13

ENFORCEMENT AND PENALTIES

Sections:

14.13.010 Purpose.

14.13.020 Compliance required.

14.13.030 Enforcing official.

14.13.040 Enforcing official liability.

14.13.050 Right of entry.

14.13.060 Responsibilities defined.

14.13.070 Voluntary correction agreements.

14.13.080 Notice of violation and order.

14.13.090 Violation – Civil enforcement and penalties.

14.13.100 Violation – Criminal penalties.

14.13.110 Approval revocation, suspension and modification.

14.13.010 Purpose.

The purpose of this chapter is to ensure compliance, abate noncompliance and punish violations of applicable titles of the CMC, including without limitation CMC Titles 14 through 18. The provisions of this chapter may also be used to supplement enforcement actions described within the Cashmere Municipal Code, and shall be applied and interpreted to accomplish this purpose. (Ord. 973 § 1, 2000).

14.13.020 Compliance required.

A. No person, corporation, partnership, association or other legal entity shall fail or refuse to comply with, or interfere with or resist the enforcement of, the provisions of CMC Titles 15 through 18 and/or any condition of approval imposed by the Cashmere city council, planning commission, hearing examiner or city administrator, or a land use order, directive or decision or a city official. Any such act or failure to act shall constitute a violation under this chapter.

B. Actions under this chapter may be taken in any order deemed necessary or desirable by the city to achieve the purpose of this chapter and the development code.

C. 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. (Ord. 973 § 1, 2000).

14.13.030 Enforcing official.

The city administrator shall be responsible for enforcing CMC Titles 14 through 18 and may adopt administrative rules to meet that responsibility. The city administrator may delegate enforcement responsibility as appropriate. (Ord. 973 § 1, 2000).

14.13.040 Enforcing official liability.

The city administrator charged with the enforcement of this chapter, acting in good faith and without malice in the discharge of the duties required by this title or other applicable laws, shall not thereby be rendered personally liable for damages that may accrue to persons or property as a result of an act or by reason of an act or omission in the discharge of such duties. A suit brought against the city administrator or designee because of such act or omission performed by the administrator or designee in the enforcement of any provision of such codes or other pertinent laws or regulations implemented through the enforcement of this chapter shall be defended by the city until final termination of such proceedings, and any judgment resulting therefrom shall be assumed by the City. (Ord. 973 § 1, 2000).

14.13.050 Right of entry.

When it is necessary to make an inspection to enforce the provisions of this chapter, or when the city administrator has reasonable cause to believe that there exists in a building or upon a premises a condition which is contrary to or in violation of the CMC which makes the building or premises unsafe, dangerous or hazardous, the city administrator may enter the building or premises at reasonable times to inspect or to perform the duties imposed by this chapter; provided, that if such building or premises be occupied that credentials be presented to the occupant and entry requested. If such building or premises be unoccupied, the city administrator shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the city administrator shall have recourse to the remedies provided by law to secure entry. (Ord. 973 § 1, 2000).

14.13.060 Responsibilities defined.

Owners remain liable for violations of duties imposed by the CMC, even though an obligation is also imposed on the occupants of the building and/or premises, and even though the owner has, by agreement, imposed on the occupant the duty of complying with all or portions of the CMC. (Ord. 973 § 1, 2000).

14.13.070 Voluntary correction agreements.

A. The city administrator, prior to filing any notice of violation and order, may enter into a voluntary correction agreement with a person responsible for correcting the condition, which may be the owner, agent or occupant.

B. Any such voluntary correction agreement shall be a contract between the city and the person responsible, and shall follow a form to be approved by the city attorney. It shall be entirely voluntary and no one shall be required to enter into such an agreement.

C. In such contract the person responsible shall agree to the following:

1. Acknowledge a violation exists as shall be briefly there described;

2. Acknowledge it is his/her responsibility to abate the violation;

3. Agree to abate the violation by a certain date or within a specified time;

4. Agree that if he/she does not accomplish the terms of such agreement the city may proceed without further notice to enforce the applicable provisions of the CMC as described within this chapter, including entering the premises, rectifying the violation, and recovering the expenses and monetary penalties provided for herein.

D. The agreement shall provide that if the person does accomplish the terms of the agreement, as determined by the city, within the time frame specified therein, the city shall so acknowledge and then shall take no further actions about it or attempt to recover public costs already incurred.

E. The city administrator may agree to extend the time limit for correction set forth in such agreement or may agree to modify the required corrective action. However, the city administrator shall not agree to extend or modify the agreement unless the person responsible has shown due diligence and/or substantial progress in correcting the violation but has shown unforeseen circumstances which require such extension or modification. (Ord. 973 § 1, 2000).

14.13.080 Notice of violation and order.

Upon the enforcing official’s determination that one or more violations have been committed, the enforcing official shall issue a notice of violation and order.

A. The notice of violation and order shall, at a minimum, contain the following:

1. The name and address of each record owner, taxpayer and occupier of the property which is the subject of the violation(s) and, when applicable, the contractor(s);

2. The street address or a legal description sufficient for identification of the property;

3. The tax parcel number(s) of the property;

4. A description of each violation, including applicable sections of the CMC and/or conditions of approval;

5. An order that the use, acts or omissions which constitute violation(s) must cease;

6. A statement of the corrective action required for each violation, with a date by which such action must be completed;

7. A warning: “the failure or refusal to complete corrective action by the date required may result in enforcement action, civil penalties and/or criminal penalties as provided in Chapter 14.13 CMC”; and

8. A statement of the right to appeal to the hearing examiner.

B. The notice of violation and order shall be served upon each record owner, taxpayer and occupier, and, when applicable, the contractor(s). Service of the notice of violation and order shall be by personal service or by both regular first class mail and certified mail, return receipt requested, addressed to each person’s last known address. Service by mail shall be deemed completed three days after mailing.

C. The appeal of a notice of violation and order shall be filed with the hearing examiner within 10 calendar days after service on the appellant. (Ord. 973 § 1, 2000).

14.13.090 Violation – Civil enforcement and penalties.

The failure or refusal to complete corrective action by the date set forth in a notice of violation and order shall subject the person(s) to whom the notice of violation and order was directed to the following enforcement actions and penalties:

A. The enforcing official may revoke, modify or suspend any permit, variance, subdivision or other land use approval issued for the subject property.

B. A civil penalty of $250.00 per day, or portion thereof, per violation until corrective action is completed. Each separate day, event, action or occurrence shall constitute a separate violation.

C. The city, through its authorized agents, may initiate abatement or injunction proceedings or other appropriate action in the municipal court, or the courts of this state, to prevent, enjoin, abate or terminate violations of this chapter. The city may obtain temporary, preliminary and permanent injunctive relief from the Chelan County superior court.

D. The city may enter upon the subject property and complete all corrective action. The actual costs of labor, materials and equipment, together with all direct and indirect administrative costs, incurred by the city to complete the corrective action shall be paid by record owner(s) and shall constitute a lien against the subject property until paid. A notice of claim of lien shall be recorded with the Chelan County auditor. Interest shall accrue on the amount due at the rate of 12 percent per annum. In any action to foreclose the lien against the subject property, all filing fees, title search fees, service fees, other court costs and reasonable attorneys’ fees incurred by the city shall be awarded as a judgment against the record owner(s) and shall be foreclosed upon the subject property together with the principal and accrued interest.

E. Subsections A through D of this section are cumulative remedies and the taking of action under one subsection does not constitute an election of remedies by the city.

F. In any action brought by the city to enforce this chapter or in any action brought by any other person in which the city is joined as a party challenging this chapter, in the event the city is a prevailing party, then the nonprevailing party challenging the provisions of this chapter, or the party against whom this chapter is enforced in such action shall pay, in addition to the city’s costs, a reasonable attorney fee at trial and in any appeal thereof. (Ord. 973 § 1, 2000).

14.13.100 Violation – Criminal penalties.

Any person, officer, agent or partner of a corporation, partnership, association or other legal entity who willfully fails or refuses to complete corrective action to correct a violation by the date set forth in a notice of violation and order shall be guilty of a gross misdemeanor and shall be punished by not more than 90 days in jail or a $1,000 fine, or both. Failure or refusal to complete corrective action shall be a separate offense as to each violation in the notice of violation and order. (Ord. 973 § 1, 2000).

14.13.110 Approval revocation, suspension and modification.

A. A permit, variance, subdivision or other land use approval may be revoked, suspended or modified on one or more of the following grounds:

1. Failure to complete corrective action as required pursuant to a notice of violation and order.

2. The approval was obtained through fraud.

3. The approval was obtained through inadequate or inaccurate information.

4. The approval was issued contrary to law.

5. The approval was issued under a procedural error which prevented consideration of the interests of persons directly affected by the approval.

6. The approval is being exercised or implemented contrary to the terms or conditions of the approval or contrary to law.

7. The use for which the approval was issued is being exercised in a manner which is detrimental to public health, safety or welfare.

8. Interference with the performance of federal, state, county or city official duties.

B. Action to revoke, suspend or modify a permit, subdivision, or other land use approval shall be taken by the enforcing official through issuance of a notice of violation and order as described in CMC 14.13.040.

C. 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. (Ord. 973 § 1, 2000).

Chapter 14.15

COMPREHENSIVE PLAN AMENDMENT PROCESS

Sections:

14.15.010 Purpose.

14.15.020 Types of amendments.

14.15.030 Review process.

14.15.040 Emergency and other amendments.

14.15.010 Purpose.

A. The purpose of this chapter is to establish procedures for guiding the review of comprehensive plan amendments and/or revisions, pursuant to the authority granted to the city for that purpose in Chapters 35A.63 and 36.70A RCW. Because it is the policy guideline for several aspects of government operations, including capital budget decisions, it is important that the comprehensive plan be regularly evaluated and revised as necessary to remain an accurate blueprint for the city.

B. In order that the cumulative effects of various proposals can be determined, the city will consider such proposed amendments concurrently and not more frequently than once a year, except under the following circumstances:

1. The initial adoption of a subarea plan;

2. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW; and

3. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget.

C. Additionally, at the discretion of the city council, the comprehensive plan may be amended or revised whenever an emergency exists, or to resolve an appeal of an amendment filed with the growth management hearings board or with the court. At a minimum, the comprehensive plan shall be reviewed and revised as necessary at least every five years. (Ord. 973 § 1, 2000).

14.15.020 Types of amendments.

Any proposed amendments and/or revisions to the comprehensive plan will be categorized into one of the following types:

A. “Area-wide amendment” is a proposed change or revision which has general applicability throughout the community. Within this type of amendment, there are two categories: (1) “text amendment” to change or revise the goals, policies, objectives, assumptions and/or standards described in the plan; and (2) “map amendment” to change or revise one or more of the maps of the comprehensive plan. In either instance, the proposal is comprehensive in nature and may be geographically distinctive or have unified interest within the city. While an area-wide map amendment typically includes several separate properties under various ownership, it is possible that it would apply to a single, specific piece of property under a single ownership.

B. “Capital facilities amendment” is a proposed change or revision specifically related to the capital facilities element of the comprehensive plan which affects capital budget decisions.

C. “Emergency amendment” is a proposed change or revision to any part of the comprehensive plan which arises from a situation that necessitates the immediate preservation of the public health, safety and welfare.

D. “Urban growth area amendment” is a proposed change or revision to the location of the designated urban growth area. The adoption of any change in the location and/or boundary of the urban growth area is within the regulatory authority of Chelan County, and is therefore not subject to the provisions of this chapter. The county will consider and attempt to reach agreement with the city on the location for the urban growth area, pursuant to RCW 36.70A.110. (Ord. 973 § 1, 2000).

14.15.030 Review process.

Amendments to the comprehensive plan shall be processed as a legislative review under this title. The following steps, review criteria and application requirements, where necessary, will be applied when reviewing any aspects of the comprehensive plan.

A. The city council, planning commission and city staff will use a docket to identify and track issues that arise over the course of the year which demonstrate inconsistencies and/or deficiencies in any portion of the comprehensive plan. For the purposes of this title, inconsistencies and/or deficiencies refers to the absence of required or potentially desirable content of a comprehensive plan. The docket shall be maintained by the city administrator, consisting of references to specific text and/or map change requests or additions.

B. The general public will be made aware in November and December of the upcoming comprehensive plan amendment process through newspaper articles, during regular city council and/or planning commission meetings, and through any other opportunities and/or means deemed necessary.

C. At the regular February meeting of each year, the planning commission will hold a public workshop to decide on the issues, which will be initiated by the city during the comprehensive plan amendment process. The list of city-initiated proposals will be generated from the following sources:

1. The list of docketed issues maintained by the city administrator; and/or

2. Proposals from private persons, organizations, agencies which the council and planning commission decide would serve the public interest and would therefore be appropriately sponsored by the city.

D. Proposals requested by private persons, organizations, agencies to be sponsored by the city as described in subsection (C)(2) of this section may be submitted in the form of a written request to the planning commission, or may be submitted through an oral presentation at the February planning commission workshop. All proposals must contain the following minimum information:

1. The name, address and phone number of the sponsor(s) and/or interested group who are presenting the request;

2. The type of proposal, as defined by CMC 14.15.020;

3. The specific text and/or map of the comprehensive plan which would be affected by the proposal;

4. Where appropriate, a parcel number, address and/or legal description to establish a general location for any proposed map changes;

5. An explanation of why the proposal is being presented for consideration;

6. A brief explanation of how the proposed amendment(s) address the initial review criteria listed in subsection G of this section; and

7. A brief discussion of how the proposal would be consistent with the Growth Management Act and the Cashmere comprehensive plan.

E. Any private person, organization or agency may apply to the city to have a proposal included in the comprehensive plan amendment process, including those proposals which are denied the request to be city-initiated proposals. Such proposal must be submitted in writing to the city administrator by the last business day of February of each year, and must contain the following information:

1. All items listed in subsection G of this section;

2. Additional information determined by the city administrator as being necessary for an initial evaluation of the proposal including, but not limited to, specific legal descriptions, mapped locations, site plans, environmental information, etc.; and

3. The applicable processing fee for comprehensive plan amendments as determined in the city’s fee schedule.

F. For proposed amendments affecting the unincorporated portions of the city’s UGA, applications from the public shall be submitted to Chelan County by the first business calendar day of March of each year, and will then be forwarded by the county to the city by March 15th. Said applications must be consistent with the provisions of subsections (E)(1), (2) and (3) of this section.

G. At the second regular meeting in March of each year, the city council will conduct a public meeting to review all city-initiated proposals as well as applications for proposals to amend the comprehensive plan submitted under subsections E and F of this section for inclusion in the final list of amendments to be considered for each year. The city administrator will prepare a brief report on each proposal, to be forwarded to the city council seven days prior to the public meeting, using the following criteria as a basis for evaluation:

1. Is the proposed amendment necessary to resolve inconsistencies in the provisions of the comprehensive plan and/or development regulations or to address state or federal mandates?

2. Is the proposed amendment consistent with the Growth Management Act, the county-wide planning policies and the Cashmere comprehensive plan?

3. Is the proposed amendment consistent with the existing comprehensive plan (encompassing any other documents incorporated therein), including the assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan? If the proposed amendment is inconsistent with any existing aspects of the comprehensive plan, what new or revised assumptions, background information changes, goals, policies, objectives, etc., must be made, and what conditions have changed that warrant such modification?

4. For those proposed amendments that relate to a change in the comprehensive plan land use map, is the proposed designation adjacent to property having a similar and/or compatible designation?

5. Will the proposed amendment affect lands designated as resource lands of long term commercial significance and/or critical areas? If so, how will the proposed amendment impact these areas?

These criteria will assist in determining the amount of work associated with each proposed amendment. The decision to include or not include each proposed amendment on the final list shall be based on available city resources to accomplish the necessary review as projected from the above evaluation.

H. For those proposals initiated under subsection E of this section which are included on the final list of proposed amendments, and for those proposals initiated under subsection F of this section, the applicant will be required to submit information as requested by the city administrator, and will be required to remit the established fee to be utilized as reimbursement for required staff time in analyzing the proposal. Said fee will be expended at the hourly rate established by the city’s fee schedule resolution.

I. Based on the final list of proposed amendments to be reviewed, staff will prepare a report that evaluates all of the proposed amendments, including the required environmental review. The staff report will be an integrated and cumulative analysis that is developed and reviewed with input from the planning commission. Specifically, the report will include, at a minimum, an analysis of the interrelationship of the proposed amendment(s), the criteria set forth in this chapter and the following:

1. Impacts of the proposed action;

2. Impacts of a “no action” alternative;

3. Impacts of staff-recommended and/or other alternatives, if any;

4. Possible mitigation measures; and

5. Unavoidable impacts.

J. The planning commission will review the staff report and will develop out of this review a package of proposed amendments. This package of amendments will be offered for public review by May 1st of each year, beginning the formal public review by the planning commission. At the regular June meeting of each year the planning commission shall hold at least one public hearing on the package of amendments, and shall make a recommendation to be forwarded to the city council, as well as to the Washington State Department of Community, Trade and Economic Development and other state agencies for the required 60-day review as required under RCW 36.70A.106. The city shall act as lead agency pursuant to the State Environmental Policy Act and CMC Title 18 for those proposals affecting the unincorporated portions of the UGA area. The package of proposed amendments will be evaluated by the planning commission and subsequently forwarded to the city council with the appropriate findings and conclusions based on the following criteria:

1. The amendment is necessary to resolve inconsistencies in the provisions of the comprehensive plan and/or development regulations or to address state or federal mandates;

2. The amendment is consistent with the requirements of the Growth Management Act and the county-wide planning policies;

3. The amendment is consistent with the overall intent of the existing comprehensive plan and the other documents incorporated therein;

4. The amendment is consistent with the assumptions and/or other factors, such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan;

5. The amendment is consistent with and does not adversely affect the supply of land for various purposes which is available to accommodate projected growth over a 20-year period;

6. Where applicable, conditions have changed such that assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan have been revised and/or enhanced to reflect said conditions;

7. Amendments to the comprehensive plan land use designation map(s) are either consistent and/or compatible with, or do not adversely affect, adjacent land uses and surrounding environment;

8. The amendment is consistent with and does not negatively impact public facilities, utilities and infrastructure, including transportation systems, and any adopted levels of service;

9. The amendment does not adversely affect lands designated as resource lands of long term commercial significance or critical areas.

K. Upon receipt of the planning commission’s recommendation for amendments, the city council will begin their review process, which may include informal public workshops, forums and meetings. Prior to the first regular meeting in August of each year, the city council will hold a public hearing to consider an ordinance to adopt the proposed amendments, either as proposed by the planning commission or as subsequently amended based on public and agency comment and the council’s review, provided the criteria in subsection G of this section has been considered.

L. The city council shall develop a final draft of the proposed amendments along with a final draft of findings of fact and conclusions, and shall direct staff to prepare a report forwarding the city’s recommendation on the unincorporated portions of the UGA to Chelan County. The city will then participate in Chelan County’s review process and advocate the city’s official position on the status of the proposed amendments affecting the unincorporated portions of the UGA.

M. Final adoption of the ordinance implementing the city’s decision on the proposed amendments shall occur prior to the adoption of the city’s annual budget for the next year, and in no instance shall the city council adopt proposed amendments prior to the conclusion of the required 60-day review process. After adopting the amendments by ordinance, the city staff will forward the amendments to the required state and local agencies. (Ord. 973 § 1, 2000).

14.15.040 Emergency and other amendments.

Pursuant to Chapter 36.70A RCW and as defined in CMC 14.15.020(B) and (C), certain amendments to the comprehensive plan may occur outside of the time lines described in this chapter. These amendments will be initiated by the city council, evaluated and analyzed by staff and will be reviewed by the planning commission at a public hearing, from which a recommendation on the proposed amendment(s) will be forwarded to the city council. The city council will evaluate these amendments based on the criteria found in CMC 14.15.030(G), as applicable, and take action on the proposed amendment(s) at a public hearing. (Ord. 973 § 1, 2000).