Chapter 24.25 PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR OF DEVELOPMENT REGULATIONS

Chapter 24.25
PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR OF DEVELOPMENT REGULATIONS – PUBLIC PARTICIPATION

Sections:

24.25.010 Effective date.

24.25.020 Purpose.

24.25.030 General procedures.

24.25.040 Site-specific land use map amendment initiation and classification.

24.25.050 Site-specific land use map amendments.

24.25.060 Seven-year cycle process.

24.25.070 Annual cycle process.

24.25.080 Subarea plan procedures.

24.25.090 Development regulations preparation.

24.25.100 Description of amendments.

24.25.110 Notice of public hearing for comprehensive plan amendments and development regulations.

24.25.120 Notice of public hearing for area zoning.

24.25.130 Amendment process following the conclusion of the public review and comment period.

24.25.140 Provision for receipt, review of and response to the docket.

24.25.150 Provision for notice of intent to amend, and post-adoption notice.

24.25.160 Public participation program – Basic elements.

24.25.010 Effective date.

This chapter shall become effective on June 11, 1998. (Ord. O99-29 § 1)

24.25.020 Purpose.

The purpose of this chapter is to establish the procedures and review criteria for amending the City’s comprehensive plan and development regulations and providing for public participation. Amendments to the comprehensive plan are the means by which the City may modify its 20-year plan for land use, development or growth policies in response to changing City needs or circumstances. All plan and development regulation amendments will be reviewed in accordance with the State Growth Management Act (GMA) and other applicable state laws, the countywide planning policies, the adopted City of Sammamish comprehensive plan, and applicable capital facilities plans. All plan and development regulation amendments will be afforded appropriate public review pursuant to the provisions of this section. (Ord. O99-29 § 1)

24.25.030 General procedures.

(1) The City of Sammamish comprehensive plan shall be amended no more than once a year, except that it may be amended more frequently to address:

(a) Emergencies;

(b) An appeal of the plan filed with the Central Puget Sound Growth Management Hearings Board or with the court;

(c) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

(d) The adoption or amendment of a shoreline master program pursuant to Chapter 90.58 RCW; or

(e) An amendment of the capital facilities element of the comprehensive plan that occurs in conjunction with the adoption of the City budget.

(2) Every year the comprehensive plan may be amended to address technical updates and corrections and to consider docketed changes which do not require substantive changes to policy language or changes initiated by the City. This review may be referred to as the annual cycle. The comprehensive plan, including subarea plans, may be amended in the annual cycle only to consider the following:

(a) Technical amendments;

(b) The annual capital improvement plan;

(d) School capital facility plans;

(e) Changes to the designations shown on the service and finance strategy map and any amendments required thereby;

(f) Changes required by existing comprehensive plan policies;

(g) Changes to the technical appendices and any amendments required thereby;

(h) Comprehensive updates of subarea plans initiated by motion;

(i) Changes required by amendments to the countywide planning policies or state law;

(j) The following site-specific comprehensive land use map amendments:

(i) Amendments to correct a technical error; and

(ii) Land use amendments which do not require substantive change to comprehensive plan policy language nor alter the urban growth area boundary;

(k) Amendments initiated by the City.

(3) Every seventh year beginning in 2003, the City shall complete a comprehensive review to provide for a cumulative analysis of the 20-year plan based upon official population growth forecasts, benchmarks and other relevant data in order to consider substantive changes to policy language and changes to the urban growth area (UGA). This comprehensive review will begin one year in advance of the transmittal and may be referred to as the seven-year cycle. The urban growth area boundaries shall be reviewed in the context of the seven-year cycle and in accordance with countywide planning policies and RCW 36.70A.130. If the City determines that the purposes of the comprehensive plan are not being achieved as evidenced by official population growth forecasts, benchmarks, trends and other relevant data, substantive changes to the comprehensive plan may also be considered in the annual cycle. This determination shall be authorized by motion. The motion shall specify the scope of the amendment, and identify that the resources necessary to accomplish the work are available. An analysis of the motion’s fiscal impact shall be provided to the council prior to adoption. The City manager will determine if additional funds are necessary to complete the amendment, and may transmit an ordinance requesting the appropriation of supplemental funds.

(4) The City will seek public comment on the comprehensive plan and any proposed comprehensive plan amendments in accordance with the procedures in SMC 24.25.160 before making a recommendation, in addition to conducting the public review and comment procedures required by the State Environmental Policy Act (SEPA). The public shall be afforded at least one official opportunity to record public comment prior to the transmittal of a recommendation by the planning commission to the council. City-sponsored councils and commissions may submit written position statements which will be considered by the City prior to transmittal and by the council prior to adoption, provided they are received in a timely manner. The City’s recommendations for changes to policies, text, and maps shall include the elements listed in the comprehensive plan and analysis of their financial costs and public benefits. Proposed amendments to the comprehensive plan shall be accompanied by any development regulations or amendments thereto, including area zoning, necessary to implement the proposed amendments. (Ord. O99-29 § 1)

24.25.040 Site-specific land use map amendment initiation and classification.

(1) Site-specific land use map amendments may be considered annually or during the seven-year review cycle, depending on the degree of change proposed.

(2) The following categories of site-specific land use map amendments may be initiated by a property owner for consideration in the annual review cycle:

(a) Amendments to correct a technical error; and

(b) Amendments which do not require substantive change to comprehensive plan policy language nor alter the urban growth area boundary.

(3) Site-specific land use map amendments which require substantive change to comprehensive plan policy language or the urban growth area boundary may only be initiated by the City and considered in the annual or seven-year cycle. Property owners may complete an application and docket the recommended changes pursuant to SMC 24.25.140. The application will be included in the docket and considered by the City in the seven-year cycle and pursuant to SMC 24.25.060.

(4) No amendment to a land use designation for a property may be initiated unless at least three years have elapsed since council adoption or review of the current designation for the property. This time limit may be waived by the City manager or the council if the proponent establishes that there exists either an obvious technical error or a change in circumstances justifying the need for the amendment.

(a) A waiver by the City manager shall be considered after the applicant has submitted information to the department in the requested format. The City manager shall render a waiver decision within 45 days of receiving a complete submittal and shall mail a copy of this decision to the applicant.

(b) A waiver by the council shall be considered by motion. (Ord. O99-29 § 1)

24.25.050 Site-specific land use map amendments.

(1) Site-specific land use map amendments are legislative actions which may be initiated at any time by property owner application or by motion.

(a) If initiated by motion, the motion shall identify the resources and the work program required to provide the same level of review accorded to applicant-generated amendments. An analysis of the motions’ fiscal impact shall be provided to the council prior to adoption. If the City manager determines that additional funds are necessary to complete the work program, the City manager may transmit an ordinance requesting the appropriation of supplemental funds.

(b) Site-specific land use map amendments for which a completed recommendation by the planning commission has been submitted to the council by January 15th will be considered concurrently with the annual amendment to the comprehensive plan. Applications for the annual review for which a recommendation has not been issued by January 15th will be included in the next appropriate review cycle following issuance of the planning commission’s recommendation.

(c) Applications which require a substantive change to policy text or to the urban growth area boundary may be docketed by an applicant for consideration during the seven-year cycle pursuant to SMC 24.25.030, or if initiated by the City, consideration in the annual cycle.

(2) Site-specific land use map amendment shall be reviewed based upon the requirements of comprehensive plan and the following additional standards:

(a) The proposed change implements and supports the goals of the comprehensive plan; and

(b) The amendment is not incompatible with adjacent and nearby existing and permitted land use and the surrounding development pattern.

(3) Applications for site-specific land use map amendments shall be submitted to the department and shall include the following:

(a) Application form signed by the owner(s) of record;

(b) Description of the proposed amendment;

(d) County assessor’s map outlining the subject property;

(e) Related or previous permit activity;

(f) Applicant information, including signature, telephone number and address;

(g) Applicant’s interest in property (owner, buyer, consultant); and

(h) Property owner concurrence, including signature, telephone number and address.

(4) A preapplication conference will be scheduled by the department with the applicant upon receipt of a completed application form. At the preapplication conference, the department will review with the applicant the proposed amendment’s consistency with applicable City policies or regulatory enactments including specific reference to comprehensive plan policies, countywide planning policies and State Growth Management Act requirements. The application will be classified pursuant to SMC 24.25.040 and this information either will be provided at the preapplication conference or in writing to the applicant within 30 days. Applications requiring either a substantive change to policy language and/or a change to the urban growth area boundary are only appropriate for review in the seven-year cycle unless initiated by the City, but may be docketed by the applicant pursuant to SMC 24.25.140. Docketed amendments will be considered with the seven-year cycle and pursuant to SMC 24.25.060. The council may override the amendment classification determined by the department by motion.

(5) After the preapplication conference, applicants shall submit the completed application including an application fee and an environmental checklist to the department to proceed with an amendment. Following the submittal of the complete application, the department shall submit a report including a staff recommendation on the proposed amendment to the planning commission. The department shall provide notice pursuant to SMC 20.05.060(6), (7) and (8). The amendments will be considered by the planning commission. Following consideration, the planning commission shall prepare a report and recommendation on the proposed amendment to the council. A compilation of all completed reports will be considered by the council pursuant to SMC 24.25.070.

(6) An application for a site-specific land use map amendment may be accompanied by an application for a zone reclassification to implement the proposed amendment, in which case administrative review of the two applications shall be consolidated to the extent practical consistent with this chapter and Chapter 20.05 SMC. The council’s consideration of a site-specific land use map amendment is a legislative decision which will be determined prior to their consideration of a zone reclassification which is a quasi-judicial decision. If a zone reclassification is not proposed in conjunction with an application for a site-specific land use map amendment and the amendment is adopted, a City zone reclassification pursuant to SMC 20.05.020 will be required in order to implement the potential zoning. (Ord. O99-29 § 1)

24.25.060 Seven-year cycle process.

(1) Beginning in 2003, and every seventh year thereafter:

(a) The department will accept proposed amendments to the comprehensive plan no later than the first business day of January for consideration in the following year;

(b) The department shall complete a review of all proposed amendments which incorporates analysis of official population growth forecasts and benchmarks;

(c) No later than the first business day of March, the City manager shall transmit to the council a proposed motion specifying the scope of work for proposed amendments to the comprehensive plan that will occur in the following year to include the following:

(i) Topical areas relating to amendments to policies, the land use map and/or implementing development regulations which the City manager intends to consider for recommendation to the council;

(ii) An inventory and staff recommendation for all docketed items relating to the seven-year review; and

(iii) An attachment to the motion advising the council of the work program the City manager intends to follow to accomplish SEPA review and public participation.

(2) The council shall have until April 30th to approve the motion. In the absence of council approval, the City manager shall proceed to implement the work program as proposed. If the motion is approved, the work program shall proceed as established by the approved motion.

(3) Beginning in 2003 and every seventh year thereafter, the City manager shall transmit to the council by the first business day of March a proposed ordinance amending the comprehensive plan, except that the capital improvement program and the ordinances adopting updates to the transportation needs report and the school capital facility plans shall be transmitted no later than the annual budget transmittal and shall be adopted in conjunction with the budget. All transmittals shall be accompanied by a public participation note, identifying the methods used by the City to ensure early and continuous public participation in the preparation of amendments. (Ord. O99-29 § 1)

24.25.070 Annual cycle process.

(1) The deadline for submitting docketed comments is September 30th for consideration in the amendment cycle process for the following year. The department shall forward to the council a complete listing of all docketed amendments and comments with an initial staff response by the first business day of December each year.

(2) The planning commission shall transmit to the council any proposed amendments for the annual cycle by the first business day of March, except that the capital improvement program and the ordinances adopting updates to the transportation needs report and the school capital facility plans shall be transmitted no later than the annual budget transmittal and shall be adopted in conjunction with the budget. All transmittals shall be accompanied by a public participation note, identifying the methods used by the City to ensure early and continuous public participation in the preparation of amendments.

(3) Proposed amendments, including site-specific land use map amendments, that are found to require preparation of an environmental impact statement shall be considered for inclusion in the next amendment cycle following completion of the appropriate environmental documents.

(4) Site-specific land use map amendments for which recommendations have been issued by the planning commission by January 15th shall be submitted to the council by the planning commission. The department will provide for cumulative analysis of these recommendations and the determination will be included in the annual March transmittal. All such amendments will be considered concurrently by the council committee charged with the review of the comprehensive plan. Following this review, site-specific land use map amendments which are recommended by this committee will be incorporated as an attachment to the adopting ordinance transmitted for consideration by the full council. Final action by the council on these amendments will occur concurrently with the annual amendment to the comprehensive plan.

(5) All amendments proposed in conjunction with the seven-year cycle shall be coordinated with the amendments proposed for the annual cycle to ensure transmittal to the council of all proposed amendments by the first business day of March, except that the capital improvement program and the ordinances adopting updates to the transportation needs report and the school capital facility plans shall be transmitted no later than the annual budget transmittal and shall be adopted in conjunction with the budget. (Ord. O99-29 § 1)

24.25.080 Subarea plan procedures.

Initial subarea plans that do not modify the comprehensive plan policies and designations applicable to the subarea may be adopted by ordinance at any time. Subarea plans may be initiated by motion or by council action which preceded the adoption of this ordinance. If initiated by motion, the motion shall specify the scope of the plan, identify the completion date, and identify that the resources necessary to accomplish the work are available. The City manager will determine if additional funds are necessary to complete the subarea plan, and may transmit an ordinance requesting the appropriation of supplemental funds. Amendments to or updates of existing subarea plans shall be considered in the same manner as amendments to the comprehensive plan and shall be classified pursuant to SMC 24.25.040, except that comprehensive updates of subarea plans may be initiated by motion and the resulting amendments may be considered in the annual cycle. (Ord. O99-29 § 1)

24.25.090 Development regulations preparation.

The department shall prepare implementing development regulations to accompany any proposed comprehensive plan amendments. In addition, from time to time, the department may propose development regulations to further implement the comprehensive plan, consistent with the requirements of the Washington State Growth Management Act. Notice of proposed amendments to development regulations shall be provided to the state and to the public pursuant to SMC 24.25.150. (Ord. O99-29 § 1)

24.25.100 Description of amendments.

All proposals for amendments to the comprehensive plan or development regulations shall include a detailed description of the proposed amendment in nontechnical terms. This description will be made publicly available by the responsible department or the council sponsor using one or more methods provided in SMC 24.25.160(2) and upon request. This description will be posted on the internet. Internet posting of the description is supplemental to other required notice, and the City’s failure in any particular case to provide notice via the internet shall not constitute a procedural violation. (Ord. O99-29 § 1)

24.25.110 Notice of public hearing for comprehensive plan amendments and development regulations.

Notice of the time, place and purpose of a public hearing before the council to consider amendments to the comprehensive plan or development regulations, other than area zoning, shall at a minimum be given by one publication in a newspaper of general circulation in the City at least 30 days before the hearing. Notice for site-specific land use map amendments will also be provided pursuant to SMC 24.25.050. The City shall endeavor to provide such notice in nontechnical language. The notice shall indicate how the detailed description of the ordinance required by SMC 24.25.100 can be obtained by a member of the public. (Ord. O99-29 § 1)

24.25.120 Notice of public hearing for area zoning.

(1) Notice of the time, place and purpose of a public hearing before the council to consider changes to area zoning shall, at a minimum, include publication in the official City newspaper at least 30 days before the hearing. The City shall endeavor to provide such notice in nontechnical language. The notice shall indicate how the detailed description of the ordinance required by SMC 24.25.100 can be obtained by a member of the public.

(2) Notice of the hearing shall also be given by mail to affected property owners, appropriate to the scope of the proposal, whose names appear on the rolls of the King County assessor and shall at a minimum include owners of properties within 500 feet of affected property, at least 20 property owners in the vicinity of the property, and to any individuals or organizations that have formally requested to the department to be kept informed of applications in an identified area. The City shall endeavor to provide such notice in nontechnical language. The mailed notice required herein shall be postmarked at least 30 days before the hearing. Failure to notify any specific property owner shall not invalidate an area zoning proceeding or any resulting reclassification of land. (Ord. O99-29 § 1)

24.25.130 Amendment process following the conclusion of the public review and comment period.

(1) When the council considers a change to an amendment to the comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comment has concluded, an additional opportunity for review and comment on the proposed change shall be provided before the council votes on the proposed change.

(2) An additional opportunity for public review and comment is not required if:

(a) An environmental impact statement has been prepared under Chapter 43.21C RCW for the pending ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;

(b) The proposed change is within the scope of the alternatives available for public comment;

(c) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes or clarifies language of a proposed ordinance or resolution without changing its effect;

(d) The proposed change is to an ordinance making a capital budget decision as provided in RCW 36.70A.120; or

(e) The proposed change is to an ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390. (Ord. O99-29 § 1)

24.25.140 Provision for receipt, review of and response to the docket.

(1) Pursuant to RCW 36.70A.470, a docket containing written comments on suggested plan or development regulation amendments shall be coordinated by the department. The docket is the means to suggest a change and/or to identify a deficiency in the comprehensive plan or development regulation. A deficiency refers to the absence of required or potentially desirable contents of the comprehensive plan or development regulation and does not refer to whether a development regulation addressed a project’s probable specific adverse environmental impacts which could be mitigated in the project review process. Any interested party, including applicants, citizens and government agencies, may submit items to the docket.

(2) All department of City government having responsibility for elements of the comprehensive plan or implementing development regulations shall provide a means by which citizens may docket written comments on the plan or on development regulations. The department shall use public participation methods identified in SMC 24.25.160 to solicit public use of the docket prior to the annual September 30th submittal deadline.

(a) All docketed comments relating to the comprehensive plan will be reviewed by the department and considered for an amendment to the comprehensive plan.

(b) Docketed comments relating to development regulations will be reviewed by the appropriate City department. Those requiring a comprehensive plan amendment will be forwarded to the department and considered for an amendment to the comprehensive plan. Those not requiring a comprehensive plan amendment will be considered by the responsible City department for amendments to the development regulations.

(c) Each City department shall submit all docketed comments relating to the comprehensive plan in the requested format to the department by September 30th for amendment consideration. The department shall forward to the council a complete listing of all docketed amendments with an initial staff response by the first business day of December each year. This listing shall be made available through the internet within one week of transmittal to the council.

Internet posting of the listing is supplemental to other required notice, and the City’s failure in any particular case to provide notice via the internet shall not constitute a procedural violation. The department shall include in the annual transmittal of the comprehensive plan amendment a final listing of all the docketed items relating to the comprehensive plan and development regulations with a recommendation on each item. This listing shall be made publicly available, including posting on the internet. Internet posting of the information is supplemental to other required notice, and the City’s failure in any particular case to provide notice via the internet shall not constitute a procedural violation.

(3) The docketing process is the official procedure for the public to initiate review and receive official response on an identified deficiency of, or a suggested improvement to, the comprehensive plan or development regulations. In addition to the docket, the department shall provide opportunities for general public comments both prior to the docketing deadline each year, and during the staff review period prior to transmittal to the council. Such methods may include, but are not limited to, the use of the following: comment cards, electronic or posted mail, internet, public meetings with opportunities for discussion and feedback, printed summaries of comments received and 24-hour telephone hotlines. The City shall assure that the opportunities for public comment are provided as early as possible for each stage of the process, in order to assure timely opportunity for public input. (Ord. O99-29 § 1)

24.25.150 Provision for notice of intent to amend, and post-adoption notice.

(1) Pursuant to RCW 36.70A.106 and WAC 365-195-620, the responsible department or the council sponsor of the amendment shall notify the state of its intent to adopt amendments to the comprehensive plan or to development regulations at least 60 days prior to anticipated legislative action on the proposal except for regulations or amendments which are procedural, ministerial or required to address an emergency. When the state is notified, the department or the council sponsor shall also provide notice to the public, using one or more methods provided in SMC 24.25.160(2), of the intent to amend the comprehensive plan and/or development regulations, if such notice has not already been provided. This information will be posted on the internet. Internet posting of the information is supplemental to other required notice, and the City’s failure in any particular case to provide notice via the internet shall not constitute a procedural violation.

(2) Within 10 days of adoption, the City clerk shall transmit to the state any adopted plan, amendment to the comprehensive plan or development regulation. Pursuant to RCW 36.70A.106, within 10 days of adoption, the City clerk shall provide published notice in the official City newspaper of adoption of or amendment to the comprehensive plan or any development regulation. The notice shall indicate how the detailed description of the ordinance required by SMC 24.25.100 can be obtained by a member of the public. (Ord. O99-29 § 1)

24.25.160 Public participation program – Basic elements.

(1) Pursuant to RCW 36.70A.140, the City shall provide for early and continuous public participation in the development and amendment of the comprehensive plan and any implementing development regulations.

(2) Public participation shall at a minimum include the following elements:

(a) Annual dissemination of a schedule for public participation;

(b) Issuance of a citizen’s guide to the comprehensive plan process that provides information on citizen participation in the comprehensive plan process, a description of the procedure and schedule for amending the comprehensive plan and/or implementing development regulation(s), and a guide on how to use the docket;

(c) Provision for broad dissemination of the proposal and alternatives appropriate to the scope and significance of the proposal. The City shall make available to the public printed and electronic information which clearly defines and visually portrays, when possible, the range of options under consideration by the City. This information shall also include a description of any policy considerations, the schedule for deliberation, opportunities for public participation, information on the submittal and review procedures for written comments and the name, address and telephone number of the responsible official(s). The methods employed may include, but are not limited to, the use of the following: published notice in the official City newspaper and other appropriate publications, news media notification, mailed notice to property owners and to citizens or groups with a known interest in the proposal, public education and government channel, electronic kiosks and the internet, transit advertising, telephone and fax information lines, public review documents and displays in public facilities, and printed or computerized graphics depicting the effect of the proposal;

(d) Public meetings to obtain comments from the public or other agencies on a proposed plan, amendment to the comprehensive plan or implementing development regulation. “Public meeting” means an informal meeting, hearing, workshop or other public gathering of people for the purpose of obtaining public comments and providing opportunities for open discussion. All public meetings associated with review of the comprehensive plan or development regulations shall provide a means for the public to submit items for the docket. A public record of each public meeting should be maintained to include documentation of attendance, record of any mailed notice and a record of public comments not incorporated in the docket;

(e) The City shall provide mechanisms to enable public access to additional information. The City shall provide for publicly accessible and complete records of all applications, docketed amendment requests, and related background information during normal business hours. Methods of disseminating information may include, but are not limited to, the following: published notice of location of public review documents, use of the public education and government channel, use of electronic kiosks and the internet, telephone information lines with or without fax options, placement of documents in public libraries and community centers, and public displays.

(3) When technical matters are considered with regard to docketed issues, or to evaluate public testimony, due consideration shall be given to technical testimony from the public and third party analysis may be sought when appropriate. (Ord. O99-29 § 1)