Chapter 20.04
PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS AMENDMENT PROCESS

Sections:

20.04.010    Amendments – Purpose and introduction.

20.04.020    Amendment process – Schedule for amendments – Cumulative effects must be considered.

20.04.030    Exceptions to the annual amendment process.

20.04.035    Schedule for suggested and formal comprehensive plan amendments and updates.

20.04.040    Applications for comprehensive plan amendment – Formal and suggested amendments.

20.04.050    Compilation of preliminary docket – Planning commission assessment.

20.04.060    Process for selection of amendments to be considered during suggested amendment cycles – Setting the docket – Public notice.

20.04.070    Review of proposed amendments – SEPA – Transmittal to state.

20.04.080    Review of final docket by planning commission and city council – Public notice.

20.04.090    Land use code text revisions.

20.04.010 Amendments – Purpose and introduction.

A. Purpose. The purpose of this chapter is to establish procedures for amending the Port Townsend Comprehensive Plan, defined for the purposes of this chapter as including the plan text and/or the land use map. The Growth Management Act (GMA) generally requires amendments to comprehensive plans occur at least once every seven years (by December 1, 2004, and every seven years thereafter) and no more frequently than once per year, except in emergency situations. This chapter is intended to provide a process based upon a seven-year amendment cycle that includes: (1) an annual process with timelines and procedures whereby property owners, their agents or project proponents may submit applications for formal, site-specific amendments to the comprehensive plan1; (2) a process whereby the city will compile and maintain a preliminary docket of proposed suggested amendments to the comprehensive plan coinciding with seven-year plan updates and mid-cycle assessments (see Table 20.04.035), and then select which proposed amendments will be placed on the final docket for review; and (3) criteria for review of the final docket by the planning commission and city council. This chapter also provides a process for the planning commission to periodically monitor and assess the comprehensive plan, and based on this review to recommend amendments (if any) to the plan as part of the seven-year update and mid-cycle assessment process.

B. Public Participation. The public participation process set forth in this chapter is intended to solicit from the public suggested amendments to the Port Townsend Comprehensive Plan for future consideration, and to provide an opportunity for public comment on any proposed amendments. This is achieved by early and continuous public involvement with broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provisions for open discussion, information services, and consideration and response to public comments.

C. Planning Commission Role. The planning commission shall make recommendations to the city council on all comprehensive plan matters, including amendments to the plan text and land use map, development regulations and sub-area plans.

D. Applicability of Chapter 20.01 PTMC. Amendments to the comprehensive plan text, the land use map, and the development regulations are legislative, Type V decisions under Chapter 20.01 PTMC, and particularly PTMC 20.01.060 and 20.01.070. Accordingly, all applicable provisions of that chapter apply to the decision-making process adopted in this chapter, regardless of whether they are specifically referred to herein. (Ord. 2824 § 2, 2002; Ord. 2559 § 1, 1996).

20.04.020 Amendment process – Schedule for amendments – Cumulative effects must be considered.

A. Annual Amendments Process. Except as provided in PTMC 20.04.030, formal applications to amend the text of the comprehensive plan or the land use map shall be considered by the city council no more frequently than once every year per the schedule outlined in Table 20.04.035; provided, that proposed amendments relate to a site-specific proposal. Any such application must be accompanied by a filing fee as set forth in Chapter 20.09 PTMC.

B. Suggested Amendments – Mid-Cycle Review. Except as provided in PTMC 20.04.030, suggested amendments to the Port Townsend Comprehensive Plan shall be considered by the city council concurrently with a scheduled seven-year update or mid-cycle assessment per Table 20.04.035.

C. Proposals for plan amendment shall be considered concurrently so that the cumulative effect of all items on the final docket will be ascertained. Proposals may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all the proposed amendments to the comprehensive plan. (Ord. 2824 § 2, 2002; Ord. 2559 § 1, 1996).

20.04.030 Exceptions to the annual amendment process.

A. Exceptions. In addition to the annual amendment process specified in PTMC 20.04.020 and 20.04.035, the city council may amend the Port Townsend Comprehensive Plan in any of the following circumstances:

1. The city council may initiate amendments to the comprehensive plan during each annual amendment. An affirmative vote of not less than a majority of the total members of the council is required to initiate consideration of such an amendment. During formal amendment cycles per Table 20.04.035, the council shall enter a finding that to wait until the next suggested amendment cycle would be detrimental to the public’s interests. Council-initiated amendments shall be automatically placed on the docket and shall be considered in the next scheduled annual amendment process. The director of long range planning and the planning commission may request the city council initiate a particular amendment during the next annual amendment process;

2. Resolution of an emergency condition or situation that involves public health, safety or welfare and when adherence to the annual amendment process would be detrimental to public health, safety or welfare;

3. Initial adoption of an identified subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

4. Resolution of a decision by an administrative agency or court of competent jurisdiction. Situations involving official legal or administrative action (such as decisions by the Western Washington Growth Management Hearings Board, or the state or federal courts, actions of a state agency or office, or the State Legislature) affecting Port Townsend will be reviewed by the planning commission with advice from the city attorney’s office to determine if an appropriate “emergency” exists, necessitating an emergency comprehensive plan amendment;

5. The correction of unintentional mapping “errors” on the city’s official zoning, shoreline, nonmotorized, critical areas, or other regulatory or planning maps;

6. The adoption or amendment of the city’s shoreline master program under the procedures set forth in Chapter 90.58 RCW; and

7. The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget. (Ord. 2892 § 2, 2005; Ord. 2824 § 2, 2002; Ord. 2559 § 1, 1996).

20.04.035 Schedule for suggested and formal comprehensive plan amendments and updates.

A. Table 20.04.035 establishes processes and yearly schedules for the amendment and assessment of the Port Townsend Comprehensive Plan. Prior to 2002, comprehensive plan amendments and planning commission assessments of the plan occurred on an annual basis. The schedule of amendments and assessments per Table 20.04.035 increases the time between suggested amendment cycles and plan assessments while allowing formal site-specific amendments to be proposed on an annual basis.

B. State Mandated Seven-Year Updates. Each seven-year update shall be conducted pursuant to RCW 36.70A.130 and the procedures contained in this chapter. The scope of work for each seven-year update may vary depending upon applicable state mandates and local needs. Each seven-year update may include, but not be limited to, the following work items:

1. Establish a scope of work for each seven-year update including a public participation program;

2. Review of state growth management amendments adopted since last seven-year update;

3. Review of comprehensive plan for consistency with adopted county-wide planning policies and the Jefferson County comprehensive plan;

4. Review of U.S. Census data, population projections from the State Office of Financial Management, and local data on growth trends;

5. Update of the plan’s database including existing conditions and inventories;

6. Review of text, tables, goals, and policies of the comprehensive plan against the assessment criteria of PTMC 20.04.050(C).

C. Site-Specific Amendments. Site-specific amendments may be proposed annually consistent with the processes and requirements of PTMC 20.04.040 for “formal” applications.

D. Suggested Amendments. The consideration of suggested comprehensive plan amendments is limited to the second phase of each seven-year update and to years corresponding to mid-cycle assessments. The limitation on suggested amendments is intended to allow for increased implementation of the comprehen-

sive plan and consideration of suggested amendments in a more concerted fashion with broader public participation.

E. Planning Commission Assessment. Conducted pursuant to PTMC 20.04.050(C) during the first phase of each seven-year update and during each mid-cycle assessment. Intended to periodically assess changes in the community and whether amendments to the comprehensive plan are warranted.

F. Implementation. The process and timelines of comprehensive plan amendments specified in Table 20.04.035 include references to plan “implementation.” During implementation cycles, suggested amendments to the comprehensive plan will not be considered and planning commission assessments of the plan will not be conducted. These “off-years” will be devoted to other planning tasks including implementation of adopted goals and policies of the comprehensive plan.

G. Years Not Specified. Table 20.04.035 provides a yearly schedule of amendments through year 2022. It is intended that this pattern of amendments be continued beyond 2022 unless otherwise amended.

Table 20.04.035: Schedule for Suggested and Formal Comprehensive Plan Amendments and Updates

Year

Implementation/Update Activity

Formal, Site-Specific Amendments

Suggested Amendments

Planning Commission Assessment

2003

Phase I of seven-year update

Yes

No

No1

2004

Phase II of seven-year update

Yes

Yes

No

2005

Implementation

Yes

No

No

2006

Implementation

Yes

No

No

2007

Mid-cycle assessment

Yes

Yes

Yes

2008

Implementation

Yes

No

No

2009

Implementation

Yes

No

No

2010

Phase I of seven-year update

Yes

No

Yes

2011

Phase II of seven-year update

Yes

Yes

No

2012

Implementation

Yes

No

No

2013

Implementation

Yes

No

No

2014

Mid-cycle assessment

Yes

Yes

Yes

2015

Implementation

Yes

No

No

2016

Implementation

Yes

No

No

2017

Phase I of seven-year update

Yes

No

Yes

2018

Phase II of seven-year update

Yes

Yes

No

2019

Implementation

Yes

No

No

2020

Implementation

Yes

No

No

2021

Mid-cycle assessment

Yes

Yes

Yes

2022

Implementation

Yes

No

No

1Beginning in 2003, the planning commission will no longer conduct an “annual assessment” of the comprehensive plan. Instead, planning commission assessments will occur less frequently and shall occur during Phase I of each seven-year update and also during each mid-cycle assessment, beginning in 2007.

(Ord. 2824 § 3, 2002).

20.04.040 Applications for comprehensive plan amendment – Formal and suggested amendments.

A. Who May Propose an Amendment – Application – Fee.

1. Formal Applications. Any interested person, defined as proponents of land development projects and/or property owner(s) or their authorized representative(s), may file a formal application for an amendment to the comprehensive plan; provided, that the proposed amendment relates to a site-specific proposal. Any such application must be accompanied by a filing fee as set forth in Chapter 20.09 PTMC.

2. Suggested Amendments. Anyone may suggest an amendment, which shall be added to the “list of proposed amendments” to be maintained by the director of long range planning and considered during the next scheduled suggested amendment cycle per Table 20.04.035. In general, suggested amendments should be limited to proposals that broadly apply to the goals, policies and implementing strategies of the comprehensive plan, rather than amendments designed to address site-specific issues of limited applicability. Whether such amendments are considered during the next scheduled suggested amendment cycle shall be governed by the process outlined in PTMC 20.04.060. No fee shall be required for such proposals.

B. Amendment Deadline/Form. All suggested or formal amendments must be submitted to the BCD department by March 1st of the current year in order to be considered during that year’s amendment process per Table 20.04.035, except that city-sponsored amendments to the capital facilities and utilities element of the comprehensive plan may be accepted later than other proposed amendments because of their relationship to the city’s annual budget process. All proposed amendments shall be submitted on BCD forms and include the following information, as determined by BCD to be necessary to evaluate the particular proposal:

1. Name and address of applicant;

2. A description of proposed plan amendment. Site-specific amendments shall provide adequate information to show that development consistent with the proposed density and uses is or can be served by existing or proposed infrastructure. Proposed site-specific comprehensive plan amendments will be assumed to have maximum impact on the environment and public facilities and services;

3. Proposed amendatory language, shown in a “bill” format (new language underlined; language proposed for deletion in strikeout);

4. An explanation of why the amendment is being proposed;

5. An explanation of how the amendment and associated development proposals (if any) meet, conflict with or relate to the criteria set forth in PTMC 20.04.080(A)(3);

6. A SEPA checklist (for site-specific applications); and

7. Any additional information deemed reasonably necessary by the director of long range planning to evaluate the proposed amendment. (Ord. 2982 § 19, 2008; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

20.04.050 Compilation of preliminary docket – Planning commission assessment.

A. Formal Applications for Amendments by Interested Persons. Formal applications which are properly and timely filed will be automatically placed on the final docket for consideration during the current annual amendment process.

B. Suggested Amendments. The long range planning department shall maintain for public review the list of suggested amendments made by citizens, the city council or members of the city council, city staff, city departments or other agencies to be considered during the next suggested amendment review cycle per Table 20.04.035. By March 31st of each year in which suggested amendments will be considered per Table 20.04.035, this list of suggested amendments shall be compiled into a preliminary docket. PTMC 20.04.060 sets forth the process for selecting which suggested amendments will be placed on the final docket to go forward during suggested amendment review cycles per Table 20.04.035.

C. Planning Commission Assessment of Comprehensive Plan.

1. Criteria for Assessment. Beginning in 2007, the planning commission shall assess and monitor the comprehensive plan during each mid-cycle assessment and during Phase I of each seven-year update per Table 20.04.035, with the exception of 2003. This assessment should be based on a consideration of the following criteria:

a. Whether growth and development as envisioned in the comprehensive plan is occurring faster or slower than anticipated, or is failing to materialize;

b. Whether the capacity to provide adequate services is diminished or increased;

c. Whether sufficient land is designated and zoned to meet projected demand and needs;

d. Whether the assumptions upon which the plan is based are found to be invalid;

e. Whether changes in community-wide attitudes necessitate amendments to the goals and purposes of the comprehensive plan and the basic values embodied within the comprehensive plan community direction statement;

f. Whether sufficient change or lack of change in circumstances dictate the need for an amendment; and

g. Whether inconsistencies exist between the comprehensive plan and the GMA or the county-wide planning policy for Jefferson County or the Jefferson County comprehensive plan.

2. Timelines. The planning commission shall complete its assessment of the Port Townsend Comprehensive Plan by February 28th of each mid-cycle assessment year, and any recommended amendments shall be forwarded to the director of long range planning by March 15th. The director shall place such suggested amendments on the preliminary docket, to be considered during the selection process outlined in PTMC 20.04.060. (Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

20.04.060 Process for selection of amendments to be considered during suggested amendment cycles – Setting the docket – Public notice.

A. Long Range Planning Department Review of Proposed Amendments. After compiling the preliminary docket during suggested amendment cycles per Table 20.04.035, the director of long range planning should make a recommendation as to which amendments suggested by citizens, agencies or city departments he or she believes should be placed on the final docket for consideration during the suggested amendment cycle.

B. Joint Workshop – Notice. During each suggested amendment cycle, the city council and planning commission may, but are not required to, hold a noticed joint workshop to serve as an informational meeting between the two governmental bodies. If held, notice of the joint workshop should be given by publication in the city’s official newspaper at least 10 days prior to the date of the workshop and by posting a copy of the workshop notice at City Hall, which shall include a statement of the purpose of the joint workshop.

C. Planning Commission Hearing. The planning commission shall hold a noticed public hearing on the preliminary docket. Following the hearing, the planning commission shall adopt a recommendation, identifying those amendments which it is recommending for city council consideration during each suggested amendment cycle. The decision shall be based on an evaluation of the need, urgency, and appropriateness of each suggested amendment. The planning commission shall take a vote on each suggested amendment to recommend or not recommend docketing to the city council. The language of suggested amendments may not be modified at time of docketing. However, the planning commission may choose to docket additional or alternative suggested amendments provided such amendments are drafted in line-in/line-out bill format by the planning commission or staff. The planning commission’s recommendation should also include those proposed amendments coming out of its comprehensive plan assessment process. Notice of the planning commission hearing shall be given by publication in the city’s official newspaper at least 10 days prior to the date of the hearing and by posting a copy of the hearing notice at City Hall, which shall include a statement of the purpose of the hearing.

D. City Council Decision. By the second council meeting of April of each suggested amendment cycle, the council shall consider the planning commission’s recommended docket at a regularly scheduled public meeting. Council may adopt the planning commission’s recommended docket without a public hearing; however, in the event that a majority of the council decides to add or subtract amendments, it shall first hold a public hearing, noticed as set forth in subsection C of this section, which shall be held by the first council meeting in May. The final docket as adopted shall include all formal applications and any suggested amendments the council chooses to forward from the preliminary docket. Amendments shall be docketed in whole or not at all; provided, the city council may docket additional or alternative suggested amendments crafted in line-in/line-out bill format. The council’s decision to place a proposed amendment on the final docket does not constitute a decision or recommendation that the proposed amendment should be adopted. No additional amendments may be considered after council adoption of the docket for that year, with the exception of amendments to the capital facilities and utilities element or emergencies. (Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

20.04.070 Review of proposed amendments – SEPA – Transmittal to state.

A. The final docket as adopted by council shall first be reviewed by the long range planning department, and city staff shall prepare a staff report. The long range planning department is also responsible for conducting SEPA review. As appropriate, the long range planning department shall solicit comments regarding the proposed amendments from the public and/or government agencies. The long range planning department will also provide notice and opportunity for public comment as deemed appropriate given the nature of the proposed amendments, and consistent with RCW 36.70A.140 and SEPA.

B. Transmittal to State. Once the final docket is established, the long range planning department will transmit a copy of all proposed amendments to the comprehensive plan or land use code to the DCTED at least 60 days prior the expected date of final city council action on the proposed amendment as consistent with Chapter 36.70A RCW. (Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

20.04.080 Review of final docket by planning commission and city council – Public notice.

A. Planning Commission Hearing – Notice. All proposed amendments on the final docket shall first be considered by the planning commission, which shall make a recommendation to the city council after holding at least one open record public hearing.

1. The hearing before the planning commission shall be noticed by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing and by posting of a copy of the notice of hearing in the Port Townsend City Hall. Additional public notice of site-specific amendment proposals will be mailed to current property owners within 300 feet of the site boundaries and by posting on the site itself at least 10 days prior to the date of the hearing. This notice shall include: (a) the purpose(s) of amending and/or updating the comprehensive plan; (b) the deadline for submitting comments on the amendments; and (c) a tentative hearing schedule. Continued hearings may be held by the planning commission but no additional notices need be published.

2. The planning commission may establish subcommittees for more detailed study which shall include members of the public and at least two planning commissioners.

3. For all amendments, the planning commission shall develop findings and conclusions and a recommendation which consider:

a. Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Port Townsend Comprehensive Plan;

b. Whether the assumptions upon which the Port Townsend Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or during previous amendment cycles of the Port Townsend Comprehensive Plan; and

c. Whether the proposed amendment reflects current widely held community values.

4. Site-Specific Amendments. In addition to considering the criteria set forth in subsection (A)(3) of this section, in order to recommend a proposed plan amendment which relates to a site-specific request, the planning commission must also find that:

a. The proposed amendment meets concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services.

b. The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Port Townsend Comprehensive Plan.

c. The proposed amendment will not result in probable significant adverse impacts to the city’s transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities.

d. In the case of an amendment to the land use map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses.

e. The proposed amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term interests of the community in general.

f. The proposed action does not materially affect the land use and growth projections which are the bases of the comprehensive plan.

g. The proposed action does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall area of the city.

h. The proposed amendment is consistent with the GMA, the adopted county-wide planning policy of Jefferson County, any other applicable interjurisdictional policies, plans, or agreements, and any other state or local laws.

5. The planning commission’s findings and conclusions shall include a recommendation to the city council that the proposed amendment(s) be denied, approved or approved with conditions or modifications.

B. City Council Review/Appeal.

1. City Council Workshop. The city council may first review the recommendation of the planning commission in a workshop meeting.

2. City Council Hearing. The city council shall consider the changes to the comprehensive plan and shall hold an open record public hearing on the amendments under the procedures set forth for public hearings in PTMC 20.01.240. Pursuant to regulatory reform (RCW 36.70B.060), site-specific rezones authorized by a comprehensive plan or subarea plan are subject to a closed record hearing before council. The hearing shall be noticed by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing, and by posting copies of the notice of hearing in the Port Townsend City Hall. Additional public notice of site-specific amendment proposals will be mailed to current property owners within 300 feet of the site boundaries and by posting on the site itself at least 10 days prior to the date of the hearing. The notice and public hearing for proposed comprehensive plan amendments may be combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the city council. Written comments may be given by anyone to the city council regarding proposed plan amendments, and may be received up to and until the close of the public hearing.

3. Criteria for Evaluation of Plan Amendments. The city council shall apply the same criteria as the planning commission as set forth in subsections (A)(3) and (A)(4) of this section. Once docketed, comprehensive plan amendments may be denied, approved or approved with conditions or modifications.

4. Adoption by Ordinance. The city council shall adopt any amendments to the Port Townsend Comprehensive Plan by ordinance. The city council shall make reasonable efforts to take final action on the docket by the second council meeting of September of each year.

5. Transmittal to State. Per Chapter 36.70A RCW, long range planning department will transmit a copy of any adopted amendment to DCTED (the Washington State Department of Community, Trade and Economic Development) within 10 days after adoption by council.

6. Appeals. All appeals to the adoption of an amendment to the comprehensive plan shall be filed with and processed by the Western Washington Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 2982 § 17, 2008; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

20.04.090 Land use code text revisions.

A. Initiation. The text of the adopted land use code (also referred to interchangeably as “development regulations”) may be changed as long as the change is consistent with the Port Townsend Comprehensive Plan, including the policies of the shoreline master program, and the city’s official land use map and shoreline environments designation map. The land use code means the controls placed on development or land use activities by the city, including, but not limited to, zoning ordinances (including PTMC Titles 17, 18, 19 and 20), shoreline master program development regulations (amendments may require approval from the Department of Ecology), critical areas ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances (RCW 36.70A.030). Proposed amendments, changes, or modifications may be initiated as follows:

1. At any time at the request of the city council or the planning commission, or by long range planning department staff; or

2. Under the process and time lines (March 1st deadline for submittal) for comprehensive plan suggested or formal amendments as specified by PTMC 20.04.035 through 20.04.040. Any such application must be made to the long range planning department on forms provided by the city and accompanied by payment of the filing fee for land use code text amendments as set forth in Chapter 20.09 PTMC, unless the proposal is in the form of a suggested comprehensive amendment;

3. In addition, immediately following a change or changes in the Port Townsend Comprehensive Plan and land use map, the land use code must be changed to be consistent with the Port Townsend Comprehensive Plan and land use map.

B. Notice.

1. Proposed changes to the land use code pursuant to subsection (A)(2) of this section (which must be processed concurrently with the comprehensive plan and land use map) shall be processed and noticed in the same manner as other proposed amendments.

2. Notice of any hearing on text amendments generated by staff, the city council or the planning commission outside of the comprehensive plan amendment processes established by PTMC 20.04.035 through 20.04.080 shall be given by one publication in the official newspaper of the city at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Port Townsend City Hall.

3. Any additional notice required by state or local law (such as statutory notice requirements required for amendments to the shoreline master program), or deemed appropriate by the director of long range planning, shall be paid for by the applicant.

C. Planning Commission Review. The planning commission shall hold a public hearing on any text amendment to the land use code and make a recommendation to city council, using the site-specific criteria set forth in PTMC 20.04.080(A)(3), as applicable.

D. City Council Review. The city council shall hold a noticed public hearing on the proposed text amendment and, after considering the recommendation of the planning commis-

sion and applying the same criteria, make a final determination on the amendments to the land use code. Any amendments shall be adopted by ordinance.

E. Transmittal to State. The long range planning department will transmit a copy of any proposed amendment to the land use code to the DCTED at least 60 days prior to the expected date of final city council action on the proposed amendment as consistent with Chapter 36.70A RCW. The long range planning department will transmit a copy of any adopted amendment to DCTED within 10 days after adoption by council.

F. Appeals. All appeals to the adoption of an amendment to the land use code shall be filed with and processed by the Western Washington Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 2945 § 8.1, 2007; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

1

This deadline shall be effective on March 1, 2003, for applications submitted for the 2003 amendment cycle.