11.10.001 Determination of consistency.
A. Purpose. When the city receives a project permit application, consistency between the proposed project and the applicable development regulations and comprehensive plan shall be determined through the process in this chapter.
B. Consistency. During project permit application review, the city shall first determine whether the items listed in this subsection are defined in the city’s development regulations applicable to the proposed project. In the absence of applicable development regulations, the city shall determine whether the items listed in this subsection are defined in the city’s adopted comprehensive plan. The applicable regulations or plans shall be determinative of the following:
1. The type of land use permitted at the site, including uses that may be allowed under certain circumstances, if the criteria for their approval have been satisfied;
2. The level of development, such as units per acre, density of residential development, or other measures of density;
3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW; and
4. Character of the development, such as, but not limited to, density and/or intensity of the proposed development, dimensional standards, building height, bulk and scale, architectural features, site design and layout requirements, landscaping, preservation of open space, critical area regulations, and other city development standards.
C. Additional Information. Should it be determined during project permit application consistency review that additional information is necessary to complete project permit application consistency review, the city may request the applicant to supply additional information or studies.
1. The notice of decision issue date of 120 days after determination of completeness shall be suspended from the date the city notifies the applicant of the need for additional information until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 calendar days after the date the information has been provided to the city as set forth in BMC 11.12.008(B)(1).
2. An applicant shall have 180 calendar days from the date of the city’s request to submit the additional information or studies; except that for applications determined to be complete between June 1, 2008, and December 31, 2010, applicants shall have one year from the date of the city’s request to submit the additional information or studies.
3. If the applicant either refuses in writing to submit the required information or does not submit the required information within 180 calendar days, or within one year for qualifying applications under subsection (C)(2) of this section, the community development director shall issue a decision, according to the Type I procedure in BMC 11.04.003, that the application has lapsed for failure to meet the time requirement.
4. Within 14 calendar days after an applicant has submitted the requested additional information, the city shall make a determination that the additional information or studies are sufficient to commence consistency review.
5. Should the city fail to make the determination that the additional information is sufficient within the time limitations outlined above, the additional information will be deemed sufficient and the consistency review will recommence. (Ord. 2292 § 1, 2019; Ord. 2252 § 1, 2018; Ord. 2029 § 1 (Exh. B), 2009; Ord. 1815 § 1, 2000; Ord. 1691 § 1, 1997; Ord. 1628 § 1, 1996).