§ 23.06.082. Air Pollution Control District (APCD) Review.

This section establishes a procedure for the notification of the county APCD when a new land use is proposed to include equipment or activities that involve combustion, or the storage or use of hydrocarbons or other air contaminants. This section applies to any discretionary application filed as set forth in Chapter 23.02 (Permit Applications) except business licenses, as follows: residential uses (25 or greater - lots or units); commercial uses having a gross floor area of 2,000 square feet or greater; office uses having a gross floor area of 8,500 square feet or greater; financial institutions having a gross floor area of 1,200 square feet or greater; transient lodging (20 rooms or greater); all industrial uses; all recreational uses; restaurants; special events facilities; greenhouses; schools; hospitals; major transportation projects including but not limited to: light rail, airports, ports and marinas, roadway construction and expansion projects, or any other use which would generate 250 or more vehicle trips per day; and site disturbance of 2 acres or greater.

a.

Review procedure: A copy of an application as described above shall be forwarded to the Air Pollution Control District for review upon receipt by the Planning and Building Department. The purposes of such referral are to:

(1)

Enable the APCD to determine if the use proposed is required by the rules and regulations of the APCD to obtain an authority to construct or permit to operate;

(2)

Enable the APCD to determine if the proposed project exceeds the district's significance thresholds for significant air quality impacts from land use projects, and if mitigations are required.

(3)

Enable the APCD to contact and advise the applicant on applicable permit and air quality requirements, and to advise the Planning and Building Department of any APCD permit requirements:

(i)

In the case of a Plot Plan application, within 10 business days of application transmittal;

(ii)

In the case of Minor Use Permit or Development Plan applications, notification of permit requirements, or special concerns or recommendations to be forwarded to the Zoning Administrator or Planning Commission, shall be returned to the Planning Department no later than 10 days before the public hearing on the application.

b.

When the APCD has notified the Planning Department that authority to construct is required, the applicant is to provide the Planning Department with evidence of approval of an authority to construct prior to issuance of a building permit. In the event that the APCD has not notified the Planning Department of APCD permit requirements within 10 business days of application transmittal, the lack of such notification shall not cause additional delay in permit issuance by the Planning Department; however, permit issuance under such circumstances shall not exempt any person from the necessity of obtaining APCD permits if required.

c.

In cases where an APCD permit to operate is required, no certificate of occupancy is to be issued until the applicant has provided the Planning Department with evidence of such permit approval.

[Amended 1992, Ord. 2570; 1995, Ord. 2715]