Spokane Municipal Code

Title 17G Administration and Procedures

Chapter 17G.061 Land Use Application Procedures

Section 17G.061.320 Notice of Decision

1. Decisions on Type I, II, and III project permit applications are made by the hearing examiner or director within ten days of the date the record is closed. The time for decision may be extended if the applicant agrees in writing. Subject to chapter 36.70B RCW, the time for decision may also be extended to allow time for additional public comment if the hearing examiner or director determines that notice was not properly mailed or posted; provided, a person is deemed to have received notice if that person appears at the hearing or submits timely written comments, even if notice was not properly mailed or posted. In making the decision, the hearing examiner or director may approve, approve with conditions, or deny the permit application. The decision is made in writing.

2. Within seven days of making the decision, the hearing examiner or director causes notice of decision to be provided as follows:

1. Written notice of decision is provided by the decision-maker concurrent to the decision.

2. Notice of a decision denying a permit application is given to the applicant. A full copy of the decision and any conditions of approval accompanies the notice of the decision to the applicant.

3. Notice of all other decisions is given to the applicant, all parties of record, and all persons who have requested to be given notice.

4. Notice of decision for Type I permit applications shall be the permit. For Type II and III permit applications the decision includes the following information:

1. Location of the property.

2. Description of the proposed action.

3. Name, address, and office telephone number of the City official from whom additional information may be obtained.

4. Applicant name and number.

5. The decision made, including the environmental threshold determination.

6. A list of persons who testified in person or in writing, or a summary of such a list.

7. A list of exhibits or a summary of such a list.

8. A statement of the decision criteria governing the application.

1. A statement of the comprehensive plan policies governing the application.

10. Findings of fact and conclusions relating the proposal to the decision criteria governing the application and which form the basis for the decision.

11. A statement that a full copy of the decision may be obtained from the designated official for the cost of reproduction.

12. The last date the decision may be appealed.

13. The place the appeal must be filed.

14. A statement of the fee to be charged for an appeal and the approximate cost to prepare any required transcripts.

15. A statement that the decision will be final unless appealed; and

16. The signature of the person making the decision.

3. If the decision on a Type II or III project permit includes conditions of approval, a covenant must be recorded in the Spokane County auditor’s office which identifies the conditions. The covenant must be filed within the approval time limits of the permit or the approval becomes void. For rezones, the hearing examiner does not forward the rezone to the city council until the covenant has been filed.

4. The decision for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance must contain a statement that construction pursuant to the permit shall not begin and is not authorized until twenty-one days from the “date of filing” by department of ecology as defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated within twenty-one days from the date of such filing have been terminated; except as provided in RCW 90.58.149(5)(a) and (b).

5. Notice of decision for a shoreline substantial development permit, shoreline conditional use permit, or shoreline variance shall be submitted to the department of ecology along with a permit data sheet (Appendix A, WAC Chapter 173-27). For a shoreline conditional use permit or a shoreline variance, there is a thirty-day review by department of ecology. After this period, the department of ecology shall render and transmit to the City of Spokane and the applicant a final decision approving, approving with conditions, or disapproving the permit. The Planning Director shall provide notification within seven days of the department of ecology’s final decision to those interested persons having requested notification.

Date Passed: Monday, April 29, 2024

Effective Date: Wednesday, June 12, 2024

ORD C36514 Section 15