Chapter 30.73
TYPE 3 DECISIONS - LEGISLATIVE

Sections:

30.73.010    Purpose and applicability.

30.73.020    Overview of Type 3 legislative process.

30.73.030    Initiation of Type 3 legislative actions.

30.73.035    Receiving area designation and requirement to use TDR.

30.73.040    Planning commission hearing on Type 3 proposal.

30.73.045    Report of department.

30.73.050    Notice of planning commission hearing Type 3 proposal.

30.73.060    Planning commission action on Type 3 proposal.

30.73.070    Council consideration of Type 3 proposal.

30.73.080    Council action on Type 3 proposal.

30.73.081    Amendments to Shoreline Management Program.

30.73.083    GMA Schedule for Review of Plans and Regulations

30.73.085    Limitation on comprehensive plan amendments.

30.73.090    Adoption of Type 3 proposal as an emergency action.

30.73.100    Appeal of a Type 3 decision.

30.73.110    Compliance with this chapter.

30.73.010 Purpose and applicability.

(1) The purpose of this chapter is to set forth procedures for adoption or amendment of the comprehensive plan and development regulations pursuant to the Growth Management Act, chapter 36.70A RCW, and the Shoreline Management Program (SMP) pursuant to the Shoreline Management Act, chapter 90.58 RCW.

(2) This chapter is intended to supplement, and not to limit, existing county authority and procedures for adopting legislation. Nothing in this chapter shall be construed to limit the legislative authority of the county council to consider and adopt amendments and revisions to the comprehensive plan and development regulations, except as expressly provided in this chapter.

(3) The provisions of this chapter apply to all Type 3 legislative decisions which include and are limited to adoption or amendment of the comprehensive plan, the SMP, county-initiated rezones to implement the comprehensive plan, docketing proposals submitted pursuant to chapter 30.74 SCC, and new GMA development regulations or amendment of existing development regulations.

(4) This chapter shall not apply to amendments to the initiative, mini-initiative, or referendum process provided for in Article 5 of the county charter.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.73.020 Overview of Type 3 legislative process.

(1) Adoption or amendment of the comprehensive plan and development regulations is a legislative decision, rather than a project permit decision. The legislative process includes a public hearing before the county council and may include a public hearing before the planning commission. It is designed to solicit a broad range of public input at all levels.

(2) Appeal of a Type 3 decision is made to the growth management hearings board in accordance with RCW 36.70A.290, except as otherwise provided by law.

(3) Council legislative action on other matters is governed by the county charter and other applicable law, and is not subject to this chapter.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.73.030 Initiation of Type 3 legislative actions.

Type 3 legislative actions may be initiated by:

(1) The county council;

(2) The planning commission; or

(3) The county executive.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.73.035 Receiving area designation and requirement to use TDR.

When a Type 3 legislative change to the comprehensive plan or development regulations increases the maximum allowable number of lots or dwelling units in an area, the area shall be designated as a TDR receiving area pursuant to SCC 30.35A.080. TDR credits shall be required for any increase in lots or units within such an area above what was permitted under the comprehensive plan and development regulations in effect as of November 10, 2012.

(Added by Amended Ord. 13-064, Sept. 4, 2013, Eff date Oct. 19, 2013)

30.73.040 Planning commission hearing on Type 3 proposal.

(1) The planning commission shall hold at least one public hearing to consider a Type 3 proposal, except as provided in this section.

(2) Planning commission review is not required for the following:

(a) Emergency legislation authorized by RCW 36.70A.130(2)(b) or SCC 30.73.090;

(b) Procedural legislation, including legislation affecting the planning commission;

(c) Legislation to implement any state legislation other than the Growth Management Act;

(d) Legislation to adopt amendments or revisions to the comprehensive plan for the purpose of resolving an appeal of the comprehensive plan filed with the growth management hearings board or a court; and

(e) Legislation enacted in response to a growth management hearings board decision pursuant to RCW 36.70A.300 declaring all or part of the comprehensive plan or a development regulation invalid; and

(f) Setting of the final docket pursuant to SCC 30.74.050.

(3) If a Type 3 proposal is referred to the planning commission by the county council, the planning commission shall hold a public hearing within 90 days of the date council refers the proposal to the planning commission, unless:

(a) The county council specifies a different schedule when it refers the proposal to the planning commission;

(b) The proposal is subject to the environmental review procedures of chapter 43.21C RCW and it is determined to have probable significant adverse environmental impacts, in which case the planning commission shall hold a public hearing within 60 days of the completion of the draft environmental impact statement or draft supplemental environmental impact statement prepared under chapter 43.21C RCW; or

(c) The proposal would amend the comprehensive plan, in which case the planning commission shall hold a public hearing within one year of the date council refers the proposal to the planning commission or on the same date as the next planning commission hearing to consider docketing proposals submitted pursuant to chapter 30.74 SCC, whichever comes first.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 08-132, Oct. 22, 2008, Eff date Nov. 16, 2008)

30.73.045 Report of department.

(1) The department responsible for implementing a Type 3 proposal shall prepare a report summarizing the proposal, which shall include findings and recommendations. The report shall include information provided by other county departments, as determined necessary by the department preparing the report, and shall include information regarding the SEPA review process.

(2) At least 10 calendar days prior to the scheduled public hearing, the preparing department shall transmit the report to the planning commission, and make it available for public inspection. Copies shall be provided upon payment of reproduction costs.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.73.050 Notice of planning commission hearing Type 3 proposal.

(1) The planning commission shall set a public hearing and the department shall provide notice for Type 3 actions at least 10 days before the hearing as follows:

(a) For text changes to either the comprehensive plan or to development regulations implementing the comprehensive plan:

(i) By one publication in the official county newspaper; and

(ii) On the official county website.

(b) For area wide changes to the comprehensive plan future land use map designation or area wide rezones:

(i) By one publication in the official county newspaper;

(ii) On the official county website; and

(iii) By mail to each taxpayer of record and known site address within the area proposed for the Type 3 action and to each taxpayer of record and known site address within 500 feet of any boundary of the area; provided that notice of the hearing shall be mailed to all taxpayers of record and known site addresses within 1,000 feet of said boundaries when the existing zoning of the parcel subject to the Type 3 action is resource, rural, R-20,000, or Rural Use.

(c) For site-specific docketing proposals submitted pursuant to chapter 30.74 SCC or for county initiated site-specific rezones:

(i) By one publication in the official county newspaper;

(ii) On the official county website;

(iii) By conspicuously posting one or more signs at the site. Such posting shall be evidenced by a verified statement regarding the date and location of posting; and

(iv) By mail to each taxpayer of record and known site address within the area proposed for the Type 3 action and to each taxpayer of record and known site address within 500 feet of any boundary of the area; provided, that notice shall be mailed to each taxpayer of record and known site address within 1,000 feet of the boundary of the area when the area proposed for the Type 3 action is outside an urban growth area.

(d) The department may prescribe additional methods for providing notice and for obtaining public participation.

(2) Notice required by this section shall contain the following information:

(a) A description of the proposal;

(b) The assigned county file number and contact person;

(c) The date, time, and place of the public hearing and how an interested party may submit comments on the proposal;

(d) Either the physical or web locations, or both, where the full text of the proposed amendment and relevant documents or studies may be reviewed; and

(e) Any other information determined appropriate by the department.

(3) Notwithstanding the foregoing, in adopting legislation in response to a growth management hearings board decision declaring part or all of a comprehensive plan or development regulation invalid, the county will provide for such public participation as is appropriate and effective under the circumstances presented by the board’s order.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-056, Aug. 22, 2012, Eff date Nov. 20, 2012)

30.73.060 Planning commission action on Type 3 proposal.

(1) At the conclusion of the public hearing, the planning commission shall make a written recommendation and shall transmit the recommendation to the county council, except as provided in SCC 30.73.060(4).

(2) The planning commission may recommend that the council adopt, amend and adopt, or decline to adopt the Type 3 proposal.

(3) The planning commission recommendation shall be by the affirmative vote of not less than a majority of the total members of the commission.

(4) A planning commission recommendation is not required for a Type 3 proposal initiated and abandoned by the planning commission.

(5) If the planning commission does not adopt and transmit a recommendation to the county council within 45 days following the deadline for a planning commission hearing as specified in SCC 30.73.040(3), council may consider the proposal without a planning commission recommendation as provided in SCC 30.73.070.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Ord. 08-132, Oct. 22, 2008, Eff date Nov. 16, 2008)

30.73.070 Council consideration of Type 3 proposal.

(1) The council is not required to take action on a Type 3 proposal. If the council wishes to consider action on a Type 3 proposal, the council shall hold at least one public hearing.

(2) The council shall set the date of the public hearing and the clerk of the council shall provide notice in the same manner as set forth in SCC 30.73.050(1)(a); provided, that mailed notice of the public hearing shall also be provided to those parties that submitted written comments or provided oral testimony during the department’s review or planning commission hearing.

(3) The council may, in its discretion, direct the clerk to use additional methods for providing notice and obtaining public participation.

(4) At its public hearing, the council may concurrently consider additional proposals relating to the same subject matter, whether or not considered by the planning commission, in accordance with RCW 36.70A.035(2).

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 12-056, Aug. 22, 2012, Eff date Nov. 20, 2012)

30.73.080 Council action on Type 3 proposal.

(1) At the conclusion of the public hearing, the council may take one of the following actions, or take no action:

(a) Adopt;

(b) Amend and adopt;

(c) Decline to adopt;

(d) Remand in whole or in part to the planning commission for further consideration;

(e) Adopt such other proposals or modifications of such proposals as were considered by the council at its own hearing; or

(f) Take any other action permitted by law.

(2) Any ordinance adopting a Type 3 proposal may include findings and conclusions to support the council’s decision.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.73.081 Amendments to Shoreline Management Program.

(1) Amendments to the Shoreline Management Program (SMP) shall comply with SCC 30.67.110.

(2) After county council adoption, amendments to the SMP will not become effective until approved by the state Department of Ecology pursuant to RCW 90.58.090.

(Added by Amended Ord. 12-025, June 6, 2012, Eff date July 27, 2012)

30.73.083 GMA Schedule for Review of Plans and Regulations

This section establishes a schedule for the county to review and revise comprehensive plans and development regulations with public participation pursuant to the Growth Management Act, chapter 36.70A RCW:

(1) On or before December 1, 2004, and every seven years thereafter, the county will review and evaluate the GMA comprehensive plan and development regulations for compliance with GMA; and

(2) At least every ten years from adoption of the original GMA Comprehensive Plan (June 21, 1995), the county will review its designated urban growth areas and the densities permitted within both the incorporated and unincorporated portions of each urban growth area for accommodation of growth projections to occur in the county for the succeeding twenty-year period; and

(3) No more than once per year, updates, proposed amendments, or revisions to the comprehensive plan may be considered by the council as part of the yearly docket process established in chapter 30.74 SCC except for amendments authorized by SCC 30.73.085.

(Added Amended Ord. 04-094, November 17, 2004, Eff Date December 10, 2004)

30.73.085 Limitation on comprehensive plan amendments.

(1) The comprehensive plan may be amended no more frequently than once each year, except that it may be amended more frequently under the following circumstances:

(a) The initial adoption of a subarea plan;

(b) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW;

(c) Amendment of the capital facilities element of the comprehensive plan that occurs concurrently with adoption or amendment of the county budget;

(d) An emergency exists within the meaning of RCW 36.70A.130(2)(b);

(e) To resolve an appeal filed with a growth management hearings board or with the court; or

(f) Amendment is required by state or federal law.

(2) Except as authorized by SCC 30.73.085(1), the council will consider whether to amend the comprehensive plan no more frequently than once per year, and will consider amendments proposed pursuant to chapter 30.74 SCC according to the process and schedule established in chapter 30.74 SCC. The department shall coordinate county agency and planning commission review of proposed amendments, including amendments proposed pursuant to chapter 30.74 SCC.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Amended by Amended Ord. 10-022, Sept. 8, 2010, Eff date Oct. 3, 2010)

30.73.090 Adoption of Type 3 proposal as an emergency action.

(1) The council may adopt a Type 3 action as an emergency action under RCW 36.70A.130(2)(b) or 36.70A.390. All other provisions of this chapter shall not apply to the adoption of a Type 3 action as an emergency action.

(2) Except as provided in SCC 30.73.090(3), the council may adopt a Type 3 action by emergency action only after holding at least one public hearing following public notice as described in SCC 30.73.090(4).

(3) The council may adopt a Type 3 action that is a moratorium, interim zoning map, interim zoning ordinance, or interim official control by emergency action without holding a public hearing prior to taking such action if the council holds a public hearing following public notice as described in SCC 30.73.090(4) within 60 days of adoption and otherwise complies with RCW 36.70A.390.

(4) Public notice of the time, date, place, and general purpose of the public hearing on a Type 3 emergency action under this section shall be provided as follows:

(a) Notice shall be given by one publication, at least 10 days before the hearing in the official county newspaper; and

(b) The county council may, at its discretion, utilize additional methods for providing notice.

(5) An ordinance adopted under this section shall include a statement of the need for emergency action.

(6) This section shall not be construed to limit the council’s authority to enact an emergency ordinance pursuant to the county charter, except as expressly provided herein.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.73.100 Appeal of a Type 3 decision.

A Type 3 action of the council is a final decision, but may be reviewable by filing a petition for review with the growth management hearings board in accordance with RCW 36.70A.290, except as otherwise provided by law.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)

30.73.110 Compliance with this chapter.

Errors in exact compliance with this chapter shall not render a Type 3 decision invalid if the spirit of the public participation provisions of this chapter is observed.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003)