16.30.160 Waterfront district planned action – Permit process.
Project applications for planned actions shall be reviewed according to the following process:
A. Application Requirements. Project applications shall meet the applicable requirements of the Bellingham Municipal Code. Project applications submitted for qualification as a planned action shall include a SEPA checklist or such modified form as approved by the PAO responsible official and adopted consistent with WAC 197-11-315.
B. Consistency Review. The PAO responsible official shall review the project application to determine whether it qualifies as a planned action. The PAO responsible official shall determine if the project application is consistent with and meets all of the criteria for qualification as a planned action, as set forth in BMC 16.30.100 through 16.30.180.
C. Determination of Consistency. If the PAO responsible official determines that the proposed project qualifies as a planned action, the PAO responsible official shall issue a “determination of consistency.” Upon issuance of the determination of consistency, the project shall proceed in accordance with the applicable permit review procedure, except that no SEPA threshold determination, EIS, or additional SEPA review shall be required. The determination of consistency shall remain valid and in effect as long as the project application approval is also in effect.
D. Determination of Inconsistency. If the PAO responsible official determines that the proposed project does not qualify as a planned action, the PAO responsible official shall memorialize this determination by issuing a “determination of inconsistency,” which shall describe the elements of the project application that result in failure to qualify as a planned action; provided, however, that after submission of the project application, and prior to the PAO responsible official’s determination, an applicant may ask the PAO responsible official to indicate whether it is considering a determination of inconsistency. If the PAO responsible official indicates a determination of inconsistency is likely, the applicant may clarify or change features of the proposal which led the PAO responsible official to consider a determination of inconsistency likely. The applicant shall revise the SEPA checklist, or the modified application form per subsection (A) of this section, as may be necessary to describe the clarifications or changes. The PAO responsible official shall make its determination based upon the changed or clarified proposal. If a proposal still does not qualify as a planned action, the PAO responsible official shall issue the determination of inconsistency.
E. Additional SEPA Review. In the event a project application does not qualify as a planned action, a SEPA project threshold determination and compliance with SEPA shall be required, unless the project applicant modifies the project application in order to qualify as a planned action. Projects that fail to qualify as planned actions may incorporate or otherwise use relevant elements of the EIS, as well as other relevant SEPA documents, to assist in meeting SEPA requirements. The PAO responsible official may limit the scope of SEPA review for the non-qualifying project to those issues and environmental impacts not previously addressed in the EIS. Unless otherwise specified by the development agreement, the city will be the SEPA lead agency for any additional SEPA review.
F. Public Notice and Appeals. The PAO responsible official shall mail and post notice of determinations of consistency and determinations of inconsistency as follows:
1. The planning and community development department, or applicant if authorized under this section, shall mail notice of a determination of consistency or a determination of inconsistency to:
a. The applicant;
b. The owner of the property as listed on the application;
c. Owners of property within 500 feet of the site boundary of the subject property as listed by the Whatcom County assessor records;
d. The mayor’s neighborhood advisory commission representative and any neighborhood association registered with the planning and community development department for the neighborhood in which the project is proposed, and for any neighborhood within 500 feet of the project site boundary; and
e. Any person or organization that has filed a written request for notice with the planning and community development department.
2. The applicant is responsible for obtaining the list of property owners within 500 feet of the site boundary from the Whatcom County assessor’s records. The PAO responsible official may establish procedures under which the applicant and city may agree that the city will provide this mailing list and/or that the applicant will conduct the mailing. A U.S. Postal Service certificate of mailing shall be provided to the PAO responsible official if the applicant conducts the mailing.
3. The PAO responsible official may increase the mailing notification radius or notification method for any specific application. The validity of the notice procedure shall not be affected by whether the PAO responsible official uses this option.
4. The applicant shall post one or more signs on the site or in a location immediately adjacent to the site that provides visibility from adjacent streets. The PAO responsible official shall establish standards for size, color, layout, materials, placement and timing of installation and removal of the signs.
5. No proceeding shall be invalid due to minor deficiencies in the mailed or posted notice as required in this section as long as there was a good faith attempt to comply with the mailed and posted notice requirements.
G. Appeals. A determination of consistency or a determination of inconsistency may be appealed to the hearing examiner. An appeal shall be decided by the hearing examiner after an open record appeal hearing following the procedures in BMC 21.10.250. The hearing on an appeal of a determination of consistency shall be consolidated with any predecision or appeal hearing on the associated project application. [Ord. 2013-12-091 § 1].