Skip to main content
Loading…
This section is included in your selections.

A. Pre-application conference. A pre-application conference is required for all Type II applications, unless waived under Section 20.210.080(B) VMC before a Type II application is submitted. Pre-application conference requirements and procedures are set forth in Section 20.210.080 VMC.

B. Application requirements.

1. Application forms. Type II applications shall be made on forms provided by the planning official.

2. Submittal information. Type II applications shall:

a. Include the information set forth in the chapter of this title governing the permit requested;

b. Address the relevant criteria applicable to the permit requested in sufficient detail for review and action; and

c. Be accompanied by the required fees.

C. Counter-complete determination. At the time of application submittal, the city shall make a determination of counter-complete status pursuant to Section 20.210.090 VMC.

D. Fully-complete determination. No later than 28 calendar days after receipt of a counter-complete Type II application, the planning official shall notify the applicant as to the completeness of the application. Determination of fully-complete status shall be pursuant to Section 20.210.100 VMC. An application shall not be deemed fully complete until all information listed in the code applicable to the action requested and/or in the pre-application conference summary is submitted.

E. Notice of Application. Within 14 calendar days after the date a Type II application is determined fully complete, the planning official shall issue a Notice of Application which shall include all of the following:

1. The case file number(s), the date of application, and the date a fully complete application was filed;

2. A description of the proposed project, and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the city;

3. The proposed SEPA Threshold Determination, if the Optional SEPA Process is used; whether the application is categorically exempt from SEPA, the deadline for submitting comments or appeals under Chapter 20.790 VMC, if applicable, or other matters covered by SEPA;

4. The identification of any existing environmental documents that may be used to evaluate the proposed project;

5. A statement of the public comment period, a statement that the public has the right to comment on the application, receive notice of the decision, request a copy of the decision once made, and a notice of any appeal rights;

6. An indication that failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals on that issue. Comments directed at the relevant approval criteria are what constitute relevant evidence;

7. An indication that all evidence relied upon by the planning official to make the decision shall be contained within the record and is available for public review. Copies of this evidence can be obtained at a reasonable cost from the planning official;

8. The name of the applicant or applicant’s representative and the name, address, and telephone number of a contact person for the applicant, if any;

9. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning;

10. A map showing the subject property in relation to other properties or a reduced copy of the site plan;

11. The date, place, and times where information about the application may be examined and the name and telephone number of the city representative to contact about the application;

12. An indication that after the comment period closes, the planning official shall issue a Type II Notice of Decision; and

13. Any additional information determined appropriate by the planning official.

F. Distribution of Notice of Application. The Notice of Application shall be published in a newspaper of local circulation and sent to the following persons by regular mail:

1. The applicant and all owners of the site which is the subject of the application;

2. All owners and residents of record of property as shown on the most recent property tax assessment roll, located within 500 feet of the site;

3. Any city recognized neighborhood association whose boundaries include the site;

4. City recognized neighborhood associations adjacent to the city recognized neighborhood association whose boundaries include the site;

5. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice or which is otherwise entitled to such notice;

6. Any person who requested, in writing, to receive a copy of the Notice of Application.

G. Comment period. The planning official shall allow 14 calendar days after the date of Notice of Application is mailed and published in the paper for individuals to submit comments. Within seven calendar days after the close of the public comment period, the Planning official shall mail to the applicant a copy of written comments, including email communications, timely received in response to the Notice of Application together with a statement that the applicant may submit a written response to the comments of the planning official within 14 calendar days from the date the comments are mailed. The planning official in making his decision shall consider written comments timely received in response to the Notice of Application and timely written responses to those comments, including e-mail communications, submitted by the applicant.

H. Timeline to make Final Decision. The Final Decision on a Type II application shall be made and mailed pursuant to Section 20.210.050(I) VMC not more than 120 calendar days (90 days for short subdivisions) after the date a fully complete determination is made. This period shall not include:

1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the city.

2. Time spent preparing an environmental impact statement.

3. Time between submittal and resolution of an appeal.

4. Any extension of time mutually agreed upon by the applicant and the city in writing.

I. Final Decision. The Final Decision on a Type II application shall contain the following information:

1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and of the decision;

2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;

3. The date the planning official’s decision shall become final, unless appealed;

4. A statement that all persons entitled to notice or who have standing under Section 20.210.130(B)(2) VMC may appeal the decision;

5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;

6. A statement that the complete case file, including findings, conclusions and conditions of approval, if any, is available for review. The notice shall list the place, days and times where the case file is available and the name and telephone number of the city representative to contact about reviewing the case file;

7. A statement of the applicable criteria and standards pursuant to the Vancouver Municipal Code and other applicable law;

8. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;

9. The reasons for a conclusion to approve, approve with conditions or deny the application;

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

11. The date the Final Decision is mailed; and

12. A copy of the mailing labels showing (1) the persons who were mailed the Final Decision, and (2) the persons who were mailed the Notice of Decision.

J. Distribution of the Final Decision. The planning official shall provide an affidavit of mailing of the Final Decision as part of the file. The Final Decision shall indicate the date the Final Decision was mailed and demonstrate that the required Final Decision was mailed to the necessary parties in a timely manner. A Final Decision shall be sent by regular mail to:

1. The applicant and all owners of the site which is the subject of the application;

2. Any city recognized neighborhood association whose boundaries include the boundaries of the project site;

3. City recognized neighborhood associations adjacent to the city recognized neighborhood association whose boundaries include the site;

4. Any person who requested, in writing, to receive a copy of the Final Decision of the planning official; and

K. Notice of Decision. A Notice of Decision shall include the information contained in Sections 20.210.050(I)(1)-(6), (10) and (11) VMC above.

L. Distribution of Notice of Decision. The planning official shall provide an affidavit of mailing of the Notice of Decision as part of the file. The Notice of Decision shall indicate the date the notice was mailed and demonstrate that the required notice was mailed to the necessary parties in a timely manner. A Notice of Decision shall be sent on the same day as the Final Decision by regular mail to:

1. Any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the city which includes provision for such notice or who is otherwise entitled to such notice;

2. Any person who provided written comments on the application during the public comment period and provided a mailing address.

M. Final Decision and effective date. A Type II decision is subject to the required appeal period when the Final Decision and the Notice of Decision are mailed. A Type II decision becomes effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of Section 20.210.130 VMC shall apply. (Ord. M-3643, 01/26/2004)