Chapter 18.60 LEGISLATIVE DECISIONS

Chapter 18.60
LEGISLATIVE DECISIONS – REVIEW CRITERIA

Sections:

18.60.010 Code amendments.

18.60.030 Planned actions.

18.60.040 Zoning of annexed lands.

18.60.010 Code amendments.

A. This chapter establishes the process for adopting and amending Growth Management Act (“GMA”) development regulations, to ensure early and continuous public participation in the development and amendment of development regulations, which implement the city's comprehensive plan. For the purposes of this chapter, “development regulations” means the controls placed on development or land use activities by the city, including, but not limited to, development standards, critical areas ordinances, official controls, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the city.

1. The city council shall hold a public hearing on the proposed development regulation at the second reading of the proposed development regulation; provided, the proposed development regulations that shall have a public hearing before the planning commission pursuant to EMC 18.40.110, Process IV – Quasi-Judicial Rezones, has occurred. Notice of public hearings for development regulations shall follow the criteria set forth in EMC 18.40.190, Notice of public hearing.

2. The city shall give notice of the public hearing required in EMC 18.40.180, Notice of application, that is reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, and organizations. Examples of reasonable notice include:

a. Posting the property for site-specific proposals;

b. Publishing notice in local newspaper;

c. Notifying public or private groups that have notified the city of an interest in a certain proposal or in the type of proposal being considered;

d. Placing notices in appropriate regional, neighborhood, or trade journals as identified by the community development department;

e. Publishing notice in the city newsletter or sending notice to city mailing lists established by the community development department, including general lists or lists for specific proposals or subject areas.

3. Notice of the public hearing shall state when the public may submit written comments on the proposed development regulation; provided, that the public shall be given notice at least 10 days prior to the scheduled public hearing to submit written comments to the city.

4. The agenda for the second reading of the proposed development regulation shall reflect the full title of the development regulation being reviewed. Errors in exact compliance with this chapter shall not render the development regulation invalid if the spirit of the procedures established by this chapter is observed.

5. After the requirements of this chapter are met, the city council may act upon a proposed development regulation. The city council shall either adopt, adopt as modified, reject, or remand the development regulation to the community development department, city council committee or planning commission for further consideration.

6. State law governs the appeal of a city council decision on a development regulation.

7. The community development department shall notify the State of Washington Department of Community, Trade and Economic Development (“CTED”) of its intent to adopt a development regulation at least 60 days prior to final passage. The community development department shall transmit a copy of all passed development regulations to CTED within 10 days after passage by the city council.

B. This chapter establishes a two-phase process and criteria for changing the comprehensive plan text or the comprehensive plan map. Amendments may, for example, propose new or amend existing sections, elements, appendices, goals or policies of the plan; be site-specific, correct errors, edit language, or change the map. Except in the event of an emergency, as determined by the city council by resolution, plan amendments will be considered only once in a calendar year so that the cumulative effects of all proposed amendments can be analyzed for consistency and the overall effect on the remainder of the comprehensive plan. All plan amendments will follow the requirements for public participation in accordance with RCW 36.70A.140.

C. Phase I – Selection of Amendments to be Considered.

1. Anyone may propose an amendment.

2. Proposed amendments shall be submitted between January 1st and December 31st for all subsequent years.

3. An application for a comprehensive plan amendment must be accompanied by the appropriate fees and charges established by the city by resolution.

4. A proposed amendment must be submitted in writing to the city's community development department. Proposed amendments shall consist of at least the following information:

a. Reference to the element(s) of the comprehensive plan that is proposed for amendment;

b. Proposed amendatory language, preferably shown in a legislative (redlined) format (new language underlined; language proposed for deletion in strikeout); and

c. An explanation of why the amendment is being proposed.

d. Selection of Amendments to be Considered.

i. The city community development department will submit all proposed amendments received during the period as adopted in a separate resolution to the planning commission. The planning commission shall recommend to the city council which proposed amendments should be considered for further review that year. The planning commission may modify a proposed amendment during the selection process. Depending upon the number and nature of proposed amendments, the planning commission may hold a public hearing before it decides which proposed amendments should be recommended for consideration that year. Notice of the hearing shall be given by publication in the city's official newspaper a minimum of 15 days before the scheduled hearing;

ii. Planning commission will recommend to the city council which proposed amendments should be considered for further review based on the following criteria:

(A) Consideration of the previous record if the amendment was reviewed and denied during a previous comprehensive plan review; and

(B) The proposed amendment advances goals and policies of the comprehensive plan; and

(D) The relationship of the proposed amendment to other city codes and regulations; and

(E) The cumulative effects of all requests for plan amendments;

iii. After selection of the proposed amendments to be considered, the planning commission will recommend a schedule to the city council that identifies timelines for plan amendment tasks and a schedule and procedures for public participation in accordance with RCW 36.70A.140;

iv. Based on recommendations from the planning commission, the council will identify those proposed amendments that it will consider for adoption in that year's adoption process and will establish a plan amendment schedule. The council may modify a proposed amendment during the selection process. The council's decision to consider a proposed amendment does not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later council action to add, delete, or modify the amendment.

D. Phase II – Review and Actions for Selected Amendments.

1. For each proposed amendment that the council approves for consideration, the lead department, as determined by the city manager, will prepare a written analysis for the planning commission. The analysis will be accompanied by a recommendation that the proposed amendment be approved, denied, or changed and approved.

2. The city is responsible for conducting and paying for State Environmental Policy Act (SEPA) review for the proposed amendment, including the preparation of an environmental impact statement, if necessary. SEPA review shall be completed before the lead department submits its analysis to the planning commission.

3. Subsequent to completion of the analysis prepared by the lead department and the SEPA review, if required, the planning commission shall conduct one or more public hearings. The planning commission shall also solicit comments regarding the proposed amendment from the public or from government agencies in any other manner it determines necessary and appropriate to the nature of the proposed amendment and consistent with RCW 36.70A.140. 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 planning commission. Written comments may be given by anyone to the planning commission regarding proposed plan amendments.

4. By the date established by the council in subsection (C)(4)(d) of this section, code amendments, a comprehensive plan amendment may be approved or approved with modifications provided each amendment shall:

a. Not adversely affect public health, safety, or welfare in any significant way; and

b. Be compatible with and advance the guiding principles, vision, and overall goals and policies of the comprehensive plan; and

c. Be in compliance with the Growth Management Act and other state and federal laws; and

d. Be weighed in light of cumulative effects of other amendments being considered.

5. In addition to the above mandatory requirements, any proposed amendment must meet the following criteria:

a. Addresses needs or changing circumstances of the city as a whole; and

b. Will not result in development that has significant adverse effects on community resources including, but not limited to, water resources, utilities, transportation, parks or schools; and

c. Is consistent with the land uses and growth projections which were the basis of the comprehensive plan; and

d. Is compatible with neighboring land uses and surrounding neighborhoods, if appropriate; and

e. Is consistent with the remaining provisions and overall intent of the comprehensive plan.

E. Nothing in this section or in this title shall limit the authority of the city council to make changes in district or zone designations or requirements as part of more extensive revision of the comprehensive plan or the city of Edgewood development code. Nothing in this chapter shall relieve a use or development from compliance with other applicable laws. (Ord. 03-203 § 1).

18.60.020 Reserved.

(Ord. 03-203 § 1).

18.60.030 Planned actions.

A planned action pursuant to WAC 197-11-164, Planned actions, does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but may be subject to environmental review and mitigation under SEPA.

A. A planned action means one or more types of project action that are designated planned actions by an ordinance or resolution adopted by the city and have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with either a comprehensive plan or subarea plan adopted under Chapter 36.70A RCW or a fully contained community, a master planned resort, a master planned development or a phased project; and are:

1. Subsequent or implementing projects for the plans, projects or proposals;

2. Located within an urban growth area, as defined in RCW 36.70A.030;

3. Consistent with the city's comprehensive plan adopted under Chapter 36.70A RCW; and

4. Are not essential public facilities, as defined in RCW 36.70A.200.

B. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.

C. Project review of a planned action shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, building plans, pedestrian and vehicular access and circulation, stormwater drainage plans, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts. (Ord. 03-203 § 1).

18.60.040 Zoning of annexed lands.

A. It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with city goals, policies and plans. This is a Process V action.

B. Whenever the city council shall determine that the best interest and general welfare of the city would be served by annexing territory, the city manager or designee will cause an examination to be made of the city's comprehensive plan. If the comprehensive plan is not current for the area of the proposed annexation, the city manager or designee will initiate an application for an update of the comprehensive plan and an application for an initial zoning recommendation.

C. Upon application, the planning commission shall hold a public hearing to consider the comprehensive plan for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and the area to be annexed, at least 10 days prior to the hearing. Upon completion of the hearing, the planning commission shall transmit a copy of its recommendations for the comprehensive plan to the city council for its consideration.

In addition, the planning commission shall hold a public hearing to consider the initial zoning for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and those property owner within 300 feet pursuant to EMC 18.40.190, Notice of public hearing. The notice shall be published in a newspaper of general circulation in the city and the area to be annexed, at least 10 calendar days prior to the hearing.

D. Within 60 calendar days of the receipt of the recommendation from the planning commission for the comprehensive plan for the area of the proposed annexation, the city council shall consider the comprehensive plan at a public meeting. The city council may approve or disapprove the comprehensive plan as submitted, modify and approve as modified, or refer the comprehensive plan back to the planning commission for further proceedings. An affirmative vote of not less than a majority of the total members of the city council shall be required for approval. If the matter is referred back to the planning commission, the council shall specify the time within which the planning commission shall report back to the council with findings and recommendations on the matters referred.

Upon receipt of the recommendations of the planning commission for the initial zoning of the area of the proposed annexation, the council shall hold two or more public hearings at least 30 calendar days apart. Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation in the city and the area to be annexed, at least 10 calendar days prior to the hearing. The ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the city. If annexation occurs prior to adoption of the comprehensive plan update and initial zoning designation, those areas designated and zoned under the authority and land use provisions of Pierce County shall, upon annexation, be assigned an interim zoning designation of SF-2 until new zoning is adopted in conformance with the comprehensive plan. Upon annexation, all prior land use agreements shall be considered binding agreements between the city and the property or business owner(s), as may be appropriate, unless otherwise modified by mutual consent. (Ord. 03-203 § 1).

18.60.050 Moratoria.

Nothing in this title shall prevent the city council from establishing development moratoria or other interim land use regulations upon a finding by the city council that, due to unforeseen circumstances or other emergency, such a moratorium or temporary regulation is necessary in order to protect the purpose and effectiveness of the city's comprehensive plan and regulations, pending completion of the procedures necessary to adopt permanent land use controls. Any such moratorium or interim land use regulation shall be effective only for a period of a time necessary to complete adoption of the permanent land use control, which time shall be specified by the city council in the ordinance adopting the moratorium or other temporary regulation.

Pursuant to RCW 35.63.200, a council that adopts a moratorium without holding a public hearing on the proposed moratorium shall hold a public hearing on the adopted moratorium within at least 60 days of its adoption, whether or not the council or board received a recommendation on the matter from the commission. If the council does not adopt findings of fact justifying its action before this hearing, then the council shall do so immediately after this public hearing. A moratorium adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium control may be renewed for one or more six-month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. (Ord. 03-203 § 1).