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Kittitas (pronounced 'KITT-i-tass') County is located in central Washington State. It spans from the lush forested Cascade Mountains to the upper Yakima River Valley plains and the Columbia River.
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Title 15A | PROJECT PERMIT APPLICATION PROCESS*
Chapters 15A.01 Administration, Purpose and Objective 15A.02 Definitions 15A.03 Project Permit Application Review 15A.04 Integration of SEPA 15A.05 Hearings 15A.06 Notice of Decision 15A.07 Administrative Decisions Appeals 15A.08 Judicial Appeal 15A.09 Planned Actions 15A.10 Amendments 15A.11 Development Agreements 15A.12 Coordination with State Permitting 15A.13 (Repealed)
* Prior legislation: Ords. 96-19 and 97-05.
Chapter 15A.01 ADMINISTRATION, PURPOSE AND OBJECTIVE
Sections 15A.01.010 Purpose and authority. 15A.01.020 Administrative and enforcement officers. 15A.01.030 Applicability. 15A.01.040 Roles and responsibilities. 15A.01.050 Severability.
15A.01.010 Purpose and authority. It is the purpose of this title to effectively and efficiently administer applications for land use development activities by combining environmental review process, both procedural and substantive, with the procedure for review of project permits.
15A.01.020 Administrative and enforcement officers.
15A.01.030 Applicability. The provisions of this title shall apply to all land use permits under KCC Titles 15, 15A, 16, 17, and 17A, county shoreline master program, and to any related regulation or any other ordinance or law implementing these provisions. In the event of conflict with the current county code, this title shall control. (Ord. 2000-07; Ord. 98-10, 1998)
15A.01.040 Roles and responsibilities. The regulation of land development is a cooperative activity including many different elected and appointed bodies and county staff. The specific responsibilities of these bodies is set forth below and outlined in Table A at the end of this title.
(Ord. 2022-005, 2022; Ord. 2018-021, 2018; Ord. 2016-006, 2016; Ord. 2014-008, 2014;)
15A.01.050 Severability. If 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. (Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.02 DEFINITIONS
Sections 15A.02.010 Generally. 15A.02.020 Administrator. 15A.02.030 Repealed. 15A.02.040 Consistency. 15A.02.050 Land use decision. 15A.02.060 Open record hearing. 15A.02.070 Person. 15A.02.080 Project permit or project permit application. 15A.02.090 Public meeting.
15A.02.010 Generally. Certain terms and words used in this title are defined in the following sections. Words used in the present tense include the future; words in the singular number include the plural number; and words in the plural number include the singular number; the word "building" includes the word "structure," and the word "shall" is mandatory and not directory. (Ord. 2000-07; Ord. 98-10, 1998)
15A.02.020 Administrator. "Administrator" means the county planning director or his/her designee. (Ord. 2000-07; Ord. 98-10, 1998)
15A.02.030 Repealed. (Ord. 2012-009, 2012; Ord. 2000-07; Ord. 98-10, 1998)
15A.02.040 Consistency. "Consistency" means, including but not limited to, compliance, conformity and consistency, and refers to performance in accordance with Kittitas County comprehensive plan and development regulations. (Ord. 2000-07; Ord. 98-10, 1998)
15A.02.050 Land use decision. "Land use decision" means a final determination by a local jurisdiction's body or officer with the highest level of authority to make the determination, including those with authority to hear appeals, on:
15A.02.060 Open record hearing. "Open record hearing" means a hearing by a single hearing body or officer, authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information under procedures prescribed by the local government by ordinance or resolution. (Ord. 2000-07; Ord. 98-10, 1998)
15A.02.070 Person. "Person" means an individual, partnership, corporation, association, public or private organization, or government entity or agency. (Ord. 2000-07; Ord. 98-10, 1998)
15A.02.080 Project permit or project permit application. "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical areas ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations. (Ord. 2000-07; Ord. 98-10, 1998)
15A.02.090 Public meeting. "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government's project permit application file. (Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.03 PROJECT PERMIT APPLICATION REVIEW
Sections 15A.03.010 Complete application defined. 15A.03.020 Pre-application conference. 15A.03.030 Application and accompanying data. 15A.03.040 Determination of complete application. 15A.03.045 Permit processing time. 15A.03.050 Fee schedule. 15A.03.060 Notice of application. 15A.03.070 Specific procedures for permit review. 15A.03.080 Projects exempt from the provisions of notice of application. 15A.03.090 Review actions on project permit applications. 15A.03.100 Criteria for review of all project actions. 15A.03.110 Posting sites.
15A.03.010 Complete application defined. The definition of a complete project permit application is defined in the relevant section of the zoning code, subdivision code, or, if applicable, development agreement adopted pursuant to this title. (Ord. 2000-07; Ord. 98-10, 1998)
15A.03.020 Pre-application conference. A pre-application conference is offered to all interested potential applicants. Applicants are encouraged but not required to request this conference except in the case of a Cluster Platting and Conservation Platting, Planned Unit Development, master planned resort, conditional use permit, shoreline substantial development permit, shoreline conditional use permit, shoreline variance, rezone and any preliminary plat over nine (9) lots where a pre-application conference is required.
(Ord. 2016-006, 2016; Ord. 2013-001, 2013; Ord. 2011-013, 2011; Ord. 2010-014, 2010; Ord. 2007-22, 2007; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)
15A.03.030 Application and accompanying data.
(Ord. 2014-015, 2014; Ord. 2010-014, 2010; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)
15A.03.040 Determination of complete application.
(Ord. 2014-015, 2014; Ord. 2000-07; Ord. 9810, 1998)
15A.03.045 Permit processing time.
15A.03.050 Fee schedule. The fees for application related to this title shall be established by resolution and are referenced within Title 4 of the Kittitas County Code. (Ord. 2017-001, 2017; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)
15A.03.060 Notice of application. Kittitas County shall provide a notice of application to the public and the departments and agencies with jurisdiction. If Kittitas County has made a SEPA determination of significance under Chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this subsection prevents a determination of significance and scoping notice from being issued prior to a notice of application.
15A.03.070 Specific procedures for permit review. The specific procedures for individual permit applications and independent administrative actions, including public comment period, public hearing, decision-making body, and appeals, are established pursuant to Table A at the end of this title. (Ord. 2000-07; Ord. 98-10, 1998)
15A.03.080 Projects exempt from the provisions of notice of application. The following project proposals and land use actions shall be exempt from the provisions of notification when not associated with a larger, overall project. These projects allow an abbreviated application format and do not involve public review or hearing unless appeal to an administrative determination involving the underlying project is properly filed:
(Ord. 2016-006, 2016; Ord. 2014-015, 2014; Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)
15A.03.090 Review actions on project permit applications. Project review shall include the following steps:
15A.03.100 Criteria for review of all project actions. Project review should start from the fundamental land use planning choices made in local comprehensive plans and regulations, include review of consistency and land use impacts.
15A.03.110 Posting site.
(Ord. 2014-015, 2014; Ord. 2007-22, 2007)
Chapter 15A.04 INTEGRATION OF SEPA AND APPEALS OF SEPA ACTIONS
Sections 15A.04.010 SEPA integration. 15A.04.020 (Repealed) 15A.04.030 (Repealed)
15A.04.010 SEPA integration. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Kittitas County shall integrate the permit procedures in this title with environmental review under Chapter 43.21C RCW (SEPA) and Chapter 15.04 KCC as follows.
15A.04.020 (Repealed)
(Ord. 2014-015, 2014; Ord. 2014-008, 2014; Ord. 2000-07; Ord. 9810, 1998)
15A.04.030 (Repealed)
(Ord. 2014-015, 2014; Ord. 2000 07; Ord. 98-10, 1998)
Chapter 15A.05 HEARINGS
Sections 15A.05.010 Hearings. 15A.05.020 Procedures for hearings.
15A.05.010 Hearings. Kittitas County shall hold a public hearing on each application for a project permit if one is so required.
15A.05.020 Procedures for 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 chair shall open the public hearing and, in general, observe the following sequence of events:
Chapter 15A.06 NOTICE OF DECISION
Sections 15A.06.010 Notice of decision issuance. 15A.06.020 Order to include finding of fact.
15A.06.010 Notice of decision issuance. A notice of decision shall be provided that includes a statement of any threshold determination made under Chapter 43.21C RCW (SEPA) and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. For projects requiring Hearing Examiner or Planning Commission review and Board of County Commissioner approval, the notice shall be the signed ordinance or resolution.
15A.06.020 Order to include finding of fact. Kittitas County shall, in making an order, requirement, decision or determination, include in a written record of the case the findings of fact upon which the action is based. (Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.07 ADMINISTRATIVE DECISIONS APPEALS
Sections 15A.07.010 Appeal of determination or decision. 15A.07.020 Procedures for Administrative appeals. 15A.07.030 Repealed. 15A.07.040 Remand. 15A.07.050 Appeal of decision - Scope of authority.
15A.07.010 Appeal of determination or decision.
15A.07.020 Procedures for Administrative appeals.
15A.07.030 Repealed. ( Ord. 2010-008 ; Ord. 2000-07; Ord. 98-10, 1998)
15A.07.040 Remand. In the event the reviewing body determines that the public hearing record or record on appeal is insufficient or otherwise flawed, that body may remand back to the hearing body to correct the deficiencies. The reviewing body shall specify the items or issues to be considered and the time frame for completing the additional work. (Ord. 2000-07; Ord. 98-10, 1998)
15A.07.050 Appeal of decision - Scope of authority. In exercising the power granted herein, the reviewing body may, in conformity with county code, reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned. (Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.08 JUDICIAL APPEAL
Sections 15A.08.010 Judicial appeal.
15A.08.010 Judicial appeal.
Chapter 15A.09 PLANNED ACTIONS
Sections 15A.09.010 Planned actions. 15A.09.020 SEPA integration with planned actions.
15A.09.010 Planned actions.
15A.09.020 SEPA integration with planned actions. A planned action does not require a threshold determination under Chapter 43.21C RCW and Chapter 15.04 KCC, or the preparation of an environmental impact statement, but is subject to environmental review and mitigation. (Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.10 AMENDMENTS
Sections 15A.10.010 Continual evaluation. 15A.10.020 Review procedure. 15A.10.030 Deficiencies during project permit review. 15A.10.040 Public participation program for amendments.
15A.10.010 Continual evaluation. The Kittitas County comprehensive plan, elements thereof, and development regulations shall be subject to continuing evaluation and review by Kittitas County. (Ord. 2000-07; Ord. 98-10, 1998)
15A.10.020 Review procedure. Nonproject legislative actions, including but not limited to the adoption and amendment of the comprehensive plan and development regulations, are exempt from the procedural requirements of this title. The procedures for nonproject legislative actions are provided for in KCC Title 15B. (Ord. 2000-07; Ord. 98-10, 1998)
15A.10.030 Deficiencies during project permit review. If, during project permit review, Kittitas County identifies deficiencies in county plans or regulations, the project permit review shall continue, and the identified deficiencies shall be docketed for possible future amendments pursuant to KCC Title 15B. For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable specific adverse environmental impacts which the permitting agency could mitigate in the normal project review process. (Ord. 2000-07; Ord. 98-10, 1998)
15A.10.040 Public participation program for amendments. Any interested person, including applicants, citizens, county commission and board members, and staff of other agencies may suggest plan or development regulation amendments. The suggested amendments shall be docketed with the Community Development Services department and considered by Kittitas County planning commission and board of county commissioners on at least an annual basis pursuant to KCC Title 15B, consistent with the provisions of RCW 36.70A.130. (Ord. 2007-22, 2007; Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.11 DEVELOPMENT AGREEMENTS
Sections 15A.11.010 Development agreements. 15A.11.020 General requirements. 15A.11.030 Request for development agreement. 15A.11.040 Effect. 15A.11.050 Recording parties and successors bound. 15A.11.060 Public hearing. 15A.11.070
15A.11.010 Development agreements. Kittitas County may enter into development agreements pursuant to RCW 36.70B.170 through 36.70B.210. A decision to enter into a development agreement shall be made on a case-by-case basis. The provisions of a development agreement shall be consistent with the county’s comprehensive plan and all applicable county development regulations, as long as impacts are mitigated. (Ord. 2019-013, 2019; Ord. 2000-07; Ord.9810, 1998).
15A.11.020 General requirements.
15A.11.030 Request for development agreement. A project applicant may submit a request for a development agreement to Kittitas County. The request should describe the project and the specific reasons why the project is suitable for a development agreement. The request should identify the development standards set forth in KCC 15A.11.020(E) that the applicant is requesting be included in the development agreement and any other reasonable information requested by the county. The request shall be filed with the planning office upon forms prescribed for that purpose by the administrator. The fee for such request shall be established pursuant to KCC 15A.03.050. (Ord. 2000-07; Ord. 98-10, 1998)
15A.11.040 Effect. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the built-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by Kittitas County after the execution of the development agreement must be consistent with the development agreement. (Ord. 2000-07; Ord. 98-10, 1998)
15A.11.050 Recording parties and successors bound. A development agreement affecting property in Kittitas County shall be recorded with the real property documents of Kittitas County. During the term of the development agreement, the agreement is binding on the parties, their successors and assigns, including any city that assumes jurisdiction through incorporation or annexation of the area covering the property subject to the development agreement. (Ord. 2000-07; Ord. 98-10, 1998)
15A.11.060 Public hearing. The county shall only approve a development agreement by ordinance or resolution after a public hearing. The county legislative body, or other body designated by the legislative body to conduct the public hearing, may conduct the hearing. If the development agreement relates to a project permit application, the provisions of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. (Ord. 2000-07; Ord. 98-10, 1998)
15A.11.070 Nothing in RCW 36.70B.170 through 36.70B.200 and Section 501, Ch. 374, Laws of 1995, or this chapter is intended to authorize the county to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law. (Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.12 COORDINATION WITH STATE PERMITTING
Sections 15A.12.010 State permit coordination.
15A.12.010 State permit coordination. Kittitas County may enter into coordinated permitting process with state and local permitting agencies pursuant to Chapter 90.60 RCW upon a case-by-case basis. Such decision to enter into a coordinated permitting process with other state and local agencies shall be made by the administrator on a case-by-case basis. (Ord. 2000-07; Ord. 98-10, 1998)
Chapter 15A.13 SITE PLAN REVIEW
Table A
1 See KCC 15A.01.040 for clarification of roles and responsibilities.
2 Open record appeals of SEPA actions are heard by the hearing body making the decision on, or hearing the appeal of, the underlying application.
3 Hearing Examiner for all actions associated with a project before him/her, all independent actions regarding KCC Title 17, Zoning; BCC for all actions associated with a project before them, and for independent actions regarding all county policies, codes, and standards not associated with KCC Title 17, Zoning.
4 Unless the rezone requires a comprehensive plan amendment which would then follow the comprehensive plan amendment process as outlined in KCC Title 15B.
5 In the event that a procedural appeal is filed pursuant to Chapter 15A.04 KCC, the HE shall consider and issue a final decision on both the administrative appeal and the underlying project permit application under a single consolidated open record hearing. In such an event, the HE's decision on the underlying application shall be quasi-judicial.
6 The Hearing Examiner has the authority to review, approve, deny, or approve with conditions, applications for shoreline substantial development permits that are included in consolidated permit applications that are subject to Board review and action.
Legend: BCC - Board of County Commissioners HE - Hearing Examiner Staff - County administration
NOTE: In the case of application requiring combined legislative and quasi-judicial actions, a development agreement may provide for appropriate review and hearing body.
* Please review state revised and administrative code for appropriate judicial reviewing bodies.
(Ord. 2022-017, 2022; Ord. 2018-021, 2018; Ord. 2016-006, 2016; Ord. 2014-015, 2014; Ord. 2014-008, 2014; Ord. 2013-001, 2013; Ord. 2012-009, 2012; Ord. 2010-011, 2010; Ord. 2009-25, 2009; Ord. 2000-07; Ord. 98-10, 1998)