Chapter 30.74
GROWTH MANAGEMENT ACT PUBLIC PARTICIPATION PROGRAM DOCKETING

Sections:

30.74.010    Purpose and applicability.

30.74.015    Annual Docket Process

30.74.020    Submittal requirements.

30.74.030    Initial review and evaluation.

30.74.040    Initial review of rezone requests.

30.74.050    Council setting of final docket.

30.74.060    Processing of final docket.

30.74.070    Cost of environmental studies.

30.74.080    Timing for submittal of proposals.

30.74.090    Violation not grounds for invalidation.

30.74.010 Purpose and applicability.

(1) The purpose of this chapter is to establish procedures for persons to propose amendments and revisions to the comprehensive plan and implementing development regulations adopted under the Growth Management Act (GMA) and the Shoreline Management Act (SMA).

(2) Any person may propose amendments to the comprehensive plan and implementing development regulations adopted under the GMA and the SMA. This chapter applies to proposed amendments to:

(a) The goals, objectives, policies, and implementation measures of the comprehensive plan;

(b) The future land use map;

(c) The urban growth area boundaries;

(d) The transportation element;

(e) The capital facilities element;

(f) The county park plan;

(g) Subarea plans;

(h) The Shoreline Management Program as specified in SCC 30.67.110;

(i) Any part of the Snohomish County Code adopted to meet the requirements of the GMA and the SMA; and

(j) The zoning map if concurrent with a requested future land use map amendment.

(3) This chapter is intended to supplement, and not to limit or replace, existing county authority and procedures for adoption of legislation, including, but not limited to, the county charter and chapter 30.73 SCC. Nothing in this chapter shall be constructed to limit the legislative authority of the county to consider and adopt amendments and revisions to the comprehensive plan and development regulations.

(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)

30.74.015 Annual Docket Process

(1) The department shall give initial consideration to proposed amendments every year according to the procedures and criteria in SCC 30.74.030 and SCC 30.74.040.

(2) The county council shall determine which amendments should be processed further according to the procedures in SCC 30.74.050 and the following schedule:

(a) In the first year and fifth year following a ten-year update of the comprehensive plan as required by RCW 36.70A.130(3)(a), the county council shall determine which amendments should be processed further on a docket of minor amendments.

(b) In the second year and sixth year following a ten-year update of the comprehensive plan as required by RCW 36.70A.130(3)(a), the county council shall determine which amendments should be processed further on a docket that may include major and minor amendments.

(c) In the eighth year following a ten-year update of the comprehensive plan as required by RCW 36.70A.130(3)(a), the county council shall determine which amendments should be processed further concurrently with the next ten-year update and may include major and minor amendments.

(3) The county council has the legislative discretion to place a proposed amendment on the final docket for further consideration or to direct that the proposed amendment not be processed further.

(4) The department shall process the final docket of proposed amendments according to the procedures and the criteria in SCC 30.74.060.

(Added Amended Ord. 04-094, November 17, 2004, Eff Date December 10, 2004; Amended by Amended Ord. 10-022, Sept. 8, 2010, Eff date Oct. 3, 2010)

30.74.020 Submittal requirements.

(1) Any person proposing amendments to the comprehensive plan or development regulations under this chapter must submit the following to the department:

(a) A description of the proposed amendment including proposed map or text changes;

(b) The location of the property that is the subject of amendment on an assessor map dated and signed by the applicant, if the proposal is for a future land use map amendment;

(c) A legal description and a notarized signature of one or more owners, if a rezone is requested by owners concurrent with a requested future land use map amendment;

(d) An explanation of why the amendment is being proposed;

(e) An explanation of how the proposed amendment is consistent with the GMA, the countywide planning policies, and the goals and objectives of the comprehensive plan;

(f) If applicable, an explanation of why existing comprehensive plan language should be added, modified, or deleted; and

(g) A SEPA checklist.

(2) If a proposal includes an expansion of an Urban Growth Area that would result in a net increase in residential or employment land capacity and the most recent Buildable Lands Report indicates that no additional land capacity of that type is needed in that Urban Growth Area, the proposal must also include removal of land from that Urban Growth Area so that the land capacity is not increased. The properties proposed for removal from the Urban Growth Area must be contiguous with the Urban Growth Area boundary and be rural in character with rural densities.

(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; Amended by Amended Ord. 11-050, Sept. 28, 2011, Eff date Oct. 16, 2011)

*Code Reviser Note: Amendments to SCC 30.74.020 were adopted by the County Council in Amended Ordinance No. 11-050 but not all amendments were incorporated into the ordinance in underline/strikeout format.

(2) If a proposal includes an expansion of an Urban Growth Area that would result in a net increase in residential or employment land capacity and the most recent Buildable Lands Report indicates that no additional ((residential)) land capacity of that type is needed in that Urban Growth Area, the proposal must also include removal of land from that Urban Growth Area so that the ((residential) land capacity is not increased. The properties proposed for removal from the Urban Growth Area must be contiguous with the Urban Growth Area boundary and be rural in character with rural densities.

The correct material is included pursuant to SCC 1.02.020(2)(g).

30.74.030 Initial review and evaluation.

(1) The department shall conduct an initial review and evaluation of proposed amendments and assess the extent of review that would be required under the State Environmental Policy Act (SEPA). The initial review and evaluation shall include any review by other county departments deemed necessary by the department, and shall be made in writing. The department shall recommend to the county council that an amendment be further processed only if all of the following criteria are met, except as provided in SCC 30.74.040:

(a) The proposed amendment is consistent with the countywide planning policies, the multicounty planning policies, the GMA, and other applicable state and federal laws;

(b) Any proposed change in the designation of agricultural lands, forest lands, and mineral resource lands is consistent with the designation criteria of the GMA and the comprehensive plan;

(c) If the proposed amendment has been reviewed by the planning commission or county council as part of a previous proposal, circumstances related to the current proposal have significantly changed and support a plan or regulation change at this time; and

(d) If the next docket cycle to be set is limited to minor amendments by SCC 30.74.015(2)(a), the proposal satisfies all of the following conditions:

(i) The time required to analyze environmental impacts of the proposed amendment is available within the time frame for processing minor amendments;

(ii) The time required for additional analysis to determine the need for additional capital improvements and revenues to maintain level of service, when applicable to the proposal, is available within the time frame for processing minor amendments;

(iii) The time required for processing any required additional amendments not anticipated by the proponent is available within the time frame for processing minor amendments;

(iv) The proposed amendment does not alter the urban growth area boundary;

(v) The proposed amendment does not make or require substantial changes to comprehensive plan policy language; and

(vi) The proposed amendment does not change land capacity to an extent that would require compensating changes in other areas in order to maintain consistency with policies and growth allocations established at the county and regional level.

(2) If the department finds that a proposal does not meet initial evaluation criteria, the department will, if appropriate, make recommendations to the applicant of the proposal regarding possible modifications to the proposal in order to meet criteria.

(3) Any person may resubmit a proposal to the department at any time, subject to the timelines contained in this chapter.

(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)

30.74.040 Initial review of rezone requests.

The department shall recommend to the county council that a rezone be further processed only if all the following criteria are met:

(1) The rezone request is for an implementing zone consistent with a concurrent proposed amendment to the future land use map that meets the criteria of SCC 30.74.030;

(2) Public facilities and services necessary for development of the site, as defined in applicable capital facilities plans, are available or programmed to be provided consistent with the comprehensive plan and development regulations as determined by applicable service providers; and

(3) Site plan approval would not be required concurrent with the rezone under chapters 30.31A, 30.31B, or 30.31F SCC.

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

30.74.050 Council setting of final docket.

(1) On or before the last business day of March of each year the department shall prepare its recommendation on each of the amendments proposed for consideration under SCC 30.74.030, and forward the recommendations to the county council.

(2) The county council will review the recommendations according to the schedule established in SCC 30.74.015(2) and determine in a public hearing which of the proposed amendments should be further processed as minor amendments, which should be processed as major amendments, and which amendments should not be processed further.

(3) Notice of the council hearing shall be given as required by SCC 30.73.070. The applicant shall be responsible for the costs associated with printing, publishing, and mailing of notice for any public hearing required for the applicant’s docket proposal by chapter 30.73 SCC.

(4) The proposed amendments approved for further processing by the council shall be known as the final docket.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 06-077, Oct. 2, 2006, Eff date Oct. 14, 2006; Amended by Amended Ord. 10-022, Sept. 8, 2010, Eff date Oct. 3, 2010)

30.74.060 Processing of final docket.

(1) The department shall distribute the final docket to any state or local agency which is required by law to review and evaluate proposed amendments and revisions to the comprehensive plan and implementing development regulations. The department shall also conduct any review required by SEPA of the proposed amendments and revisions listed on the final docket.

(2) The department will process the final docket in accordance with chapter 30.73 SCC, except as provided to the contrary in this section. The department shall prepare a report including a recommendation on each proposed amendment and forward the report to the planning commission. The department will recommend approval if all the following criteria are met:

(a) The proposed amendment and any related proposals on the current final docket maintain consistency with other plan elements or development regulations;

(b) All applicable elements of the comprehensive plan, including but not limited to the capital plan and the transportation element, support the proposed amendment;

(c) The proposed amendment more closely meets the goals, objectives and policies of the comprehensive plan than the relevant existing plan or code provision;

(d) The proposed amendment is consistent with the countywide planning policies;

(e) The proposed amendment complies with the GMA; and

(f) New information is available that was not considered at the time the relevant comprehensive plan or development regulation was adopted that changes underlying assumptions and supports the proposed amendment.

(3) Unless otherwise directed by the county council, any county department that conducts review and evaluation of the proposed amendments, including any necessary environmental review pursuant to SEPA, shall complete its evaluation prior to action by the planning commission on the proposed amendments, except that a final or final supplemental environmental impact statement must be completed no later than seven days prior to final action by the county council.

(4) For final dockets that are limited to minor proposals by SCC 30.74.015(2)(a), the department and the planning commission shall complete their processing of the final docket and transmit final recommendations to the county council within twelve months of the date the county council sets the final docket, except as provided by SCC 30.74.060(6).

(5) For final dockets that may include major or minor proposals under SCC 30.74.015(2)(b), the department and the planning commission shall complete their processing of the final docket and transmit final recommendations to the county council within twenty-four months of the date the county council sets the final docket, except as provided by SCC 30.74.060(6).

(6) If the department determines that a proposed amendment on the final docket requires additional time for processing, the department shall seek direction from the county council on whether to shift that proposed amendment to a future batch or whether to keep it in its current batch and delay final action on the entire batch.

(7) Consistent with SCC 30.73.070(1), the county council is not required to take action on any proposed amendment on the final docket. The options available to the county council include, but are not limited to:

(a) Removing the proposed amendment from the final docket by motion;

(b) Not introducing an ordinance to approve the proposed amendment;    (c) Delaying consideration of the proposed amendment to a future docket; or

(d) Otherwise not taking action on the proposed amendment.

(8) If the county council removes a proposed amendment from the final docket by motion under SCC 30.74.060(7)(a), it shall refund to the applicant the unspent portion of the money the applicant paid to the county for SEPA environmental review and studies in connection with the proposed amendment being on the final docket.

(9) If the county council does not take action on a proposed amendment within one year of the planning commission hearing on that proposed amendment, the proposed amendment shall be removed from the final docket and not processed further.

(10) The applicant shall be responsible for the cost of printing, publishing, and mailing of any SEPA notification required for the applicant’s final docket proposal by chapter 30.61 SCC.

(11) The applicant shall be responsible for the cost of printing, publishing, and mailing of notice for any public hearing required for the applicant’s final docket proposal by chapter 30.73 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)

30.74.070 Cost of environmental studies.

Any person with a proposal on the final docket shall pay the cost of environmental review and studies under SEPA for proposed amendments with probable significant adverse environmental impacts that have not been previously analyzed, as required under chapter 30.61 SCC. The person may contribute to the cost of other studies required by existing plan policies or development regulations in order to facilitate the preparation of these studies in a timely manner. The person may, at his or her own expense and to the extent determined appropriate by the responsible official, provide additional studies or other information.

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

30.74.080 Timing for submittal of proposals.

(1) The department will accept proposals for amendments at any time; however, proposals received after the last business day of October of each year will be processed in the next initial review and evaluation cycle.

(2) The department may establish administrative procedures necessary to administer this chapter.

(Added Amended Ord. 02-064, December 9, 2002, Eff date February 1, 2003; Ord. 06-077, Oct. 4, 2006, Eff date Oct. 14, 2006; Amended by Amended Ord. 10-022, Sept. 8, 2010, Eff date Oct. 3, 2010)

30.74.090 Violation not grounds for invalidation.

Violation of this chapter shall not constitute grounds for invalidation of any comprehensive plan amendment, implementing development regulation, or other legislation.

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