Chapter 14.01 PERMIT PROCESSING PROCEDURES

A. Purpose. The purpose of this chapter is to establish standardized decision-making procedures for reviewing development and land use applications within the City. This chapter is intended to:

1. Ensure prompt review of development applications;

2. Provide for necessary public review and comment on development applications;

3. Minimize adverse impacts on surrounding land uses;

4. Encourage flexibility and innovation in the design and layout of development proposals; and

5. Ensure consistency with the Comprehensive Plan and development regulations.

B. Applicability. This chapter applies to all development applications identified in AHMC 14.01.030 and 14.01.040.

C. Interpretation. It is the intent of the City Council that the provisions of this title be construed to carry out the purposes and intent described herein. It is not the intent of the City to create any special duty for an applicant, developer or other person who may benefit from this development code.

Terms used in the present tense may include the future tense when appropriate. If any required notice, action or determination falls on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next scheduled workday. (Ord. C-1022 § 2, 2024)

14.01.020 Definitions.

A. The following definitions shall apply to this title; other defined words may be found in this title through AHMC Title 19.

“AHMC” means the City of Airway Heights Municipal Code.

“Building Department” means the Department responsible for processing of applications under the codes as adopted by the State of Washington and amended by the State Building Code Council pursuant to Chapter 19.27 RCW.

“Building Official” means that officer, or their designated authority, or duly authorized representative charged with the administration and enforcement of the codes as amended by the Washington State Building Code Council pursuant to Chapters 19.27 and 19.27A RCW for the City.

“City” means the City of Airway Heights.

“City Council” means the City Council of the City of Airway Heights.

“City Manager” shall have the meaning set forth in Chapter 2.10 AHMC.

“Closed record appeal” means an administrative appeal on the record to the City Council or Hearing Examiner following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information submitted, and only appeal argument allowed.

“Comprehensive Plan” means the most recently adopted Airway Heights Comprehensive Plan, as amended.

“Comprehensive Plan amendment” means an amendment or change to the text or maps of the Comprehensive Plan.

“Date of decision” means the date on which final action occurs and from which the appeal period is calculated.

“DEIS” means draft environmental impact statement.

“Developer” means any person who proposes an action or seeks a permit regulated by this title through AHMC Title 19, inclusive.

“Development” means any land use permit or action regulated by this title through AHMC Title 19, including but not limited to subdivisions, binding site plans, manufactured (mobile) home parks, rezones, conditional use permits, change of use, or variances.

“Development code” means this title through AHMC Title 19.

“DNS” means determination of nonsignificance.

“DS” means determination of significance.

“Effective date” means the date a final decision becomes effective.

“FEIS” means final environmental impact statement.

“Final decision” means final action by the Director, Hearing Examiner, or City Council.

“Fire Code Official” means the Fire Chief or other designated authority, or duly authorized representative charged with the administration and enforcement of the fire code as amended by the Washington State Building Code Council pursuant to Chapter 19.27 RCW for the City.

“Hearing Examiner” means a person appointed and confirmed by the City Council who may hear and decide land use matters as authorized herein and in Chapter 14.08 AHMC.

“Minor amendments” means adjustments or a variance from standards in the development code such as location/setback of buildings, accessory structures, driveway locations and landscaping.

“Mitigation” means reasonable and necessary measures designed to minimize impacts as a result of development.

“Open record hearing” means a hearing, conducted by the City Council or the Hearing Examiner, that creates the City’s record through testimony and submission of evidence and information under procedures prescribed by this chapter. An open record hearing may be held prior to a City Council or Hearing Examiner’s decision on a project permit, to be known as an “open record predecision hearing.” An open record hearing may be held on an appeal, to be known as an “open record appeal hearing,” if no open record predecision hearing has been held on the project permit.

“Party of record” means any person who has testified at a hearing or has submitted a written statement related to the development.

“Person” means any person, firm, business, corporation, partnership, organization, municipal corporation, or governmental agency.

“Planning Department” means the department responsible for the processing of applications for land development under AHMC Titles 16, 17, and 19.

“Planning Director” means the Director of the Planning Department.

“Project” means a proposal for development.

“Project permit” or “project permit application” or “application” means any land use or environmental permit or license required from the City for a project action, including but not limited to subdivisions, binding site plans, planned unit developments, conditional uses, site plan review, permits or approvals required by critical area ordinances, site-specific rezones which do not require a Comprehensive Plan amendment, but excluding the adoption or amendment of a Comprehensive Plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

“Public meeting” means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the Director, City Council or Hearing Examiner’s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the City’s project permit application file.

“Public Works Department” means the department responsible for the processing of applications consistent with the Public Works Standards and under this title and AHMC Titles 12, 13, and 15.

“Public Works Director” means the Director of Public Works. (Ord. C-1022 § 3, 2024)

14.01.030 Types of project permit applications.

Land use and development applications are classified as follows:

A. Type I procedures apply to permits and decisions issued administratively;

B. Type II procedures apply to administrative actions that contain some discretionary criteria and require public notice;

C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria and require public notice;

D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy;

E. Exempt applications defined in AHMC 14.01.050. (Ord. C-1022 § 4, 2024)

14.01.040 Development application type by classification.

A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 14.01-1 below:

Table 14.01-1 – Classification of Permit Type by Land Use and Development Application
Type I	Land Use and Development Application	AHMC Cross-Reference
	Building permits including: residential, commercial, industrial development for new construction and expansion of existing buildings or sites.	15.01.030
	Grading including cut and fill	15.01.030
	Excavation: new roads, frontage improvements, redevelopment of a road	12.10.010
	Water line construction, alteration, or extension	13.04.320
	Sewer line connection, alteration, or extension	13.06.1400
	Reclaimed water line connection, alteration, or extension	13.10.060
Type II	Building permits including: residential, commercial, industrial development for new construction and expansion of existing buildings or sites subject to SEPA	15.01.030
	Grading including cut and fill subject to SEPA	15.01.030
	Excavation: new roads, frontage improvements, redevelopment of a road subject to SEPA	12.10.010
	Water line construction, alteration, or extension subject to SEPA	13.04.320
	Sewer line connection, alteration, or extension subject to SEPA	13.06.1400
	Reclaimed water line connection, alteration, or extension subject to SEPA	13.10.060
	SEPA threshold determination	18.01
	Short subdivision – preliminary	16.05.050
	Binding site plan – preliminary	16.06
	Alterations – preliminary and final short subdivisions and preliminary and final binding site plans (where there is alteration of a public dedication or increases the number of lots)	16.01.100
Type III	Conditional use permits	14.01.160
	Planned unit development – preliminary	17.17.020
	Subdivisions – preliminary	16.03
	Substantial alterations of preliminary subdivisions	16.01.100
	Alterations – final subdivisions (where a public hearing is requested)	16.01.100
	Vacation – subdivision; short subdivisions and binding site plans where there is vacation of an area designated or dedicated for public use	16.01.160
	Variance	14.01.160
	Zoning amendments (text and site- specific map)	17.03.070
Type IV	Comprehensive Plan amendments and area-wide rezones	14.01.180
Type IV	Development Code text amendments	14.01.190

B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 14.01-1 shall be assigned a type based on the most closely related application type by the City Manager or designee, unless exempt under AHMC 14.01.050. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed.

C. Except as provided in Table 14.01-1, change of conditions for permits shall be processed the same as the original permit type. (Ord. C-1022 § 5, 2024)

14.01.050 Exempt activities.

A. Exemptions. Unless specified elsewhere in the AHMC, the following development activities are exempt from the procedural requirements of this chapter:

1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, roads, or utilities.

2. A change of any legally established use is exempt, unless the change of use requires:

a. A conditional use permit under AHMC 14.01.160(A);

b. Review subject to SEPA under Chapter 18.01 AHMC; or

c. Fire protection systems (suppression/alarms) under AHMC 15.01.030.

3. Final planned unit developments, subdivisions, short subdivisions, and binding site plans under AHMC Title 16.

4. On-site utility permits not obtained in conjunction with a specific development application including, but not limited to, sewer hook-ups and water hook-ups.

5. Connection permits for access onto a private or public right-of-way under Chapter 12.30 AHMC.

6. Fire safety permits to include kitchen hood suppression, paint spray booth/room suppression, fire sprinkler suppression, fire alarm, fireworks (aerial display and stands), extraction/CO2 system, tents as a cover for a temporary use, and food trucks.

7. Sign permits under Chapter 17.23 AHMC.

8. Interior alterations and tenant improvements provided the alteration does not result in:

a. Additional sleeping quarters or bedrooms; or

b. Nonconformity with federal emergency management agency substantial improvement thresholds; or

c. Increases the total square footage or valuation of the structures thereby requiring upgraded fire access or fire suppression systems; or

d. Construction activities that modify the existing site layout, current use or involve exterior work adding onto the building footprint;

e. Interior alterations do not exempt projects from applicable building, plumbing, mechanical or electrical codes.

9. Fence permits under Chapter 17.20 AHMC.

10. Administrative interpretation by the Planning Director under AHMC 17.03.020.

11. Administrative determination by Planning Director under AHMC 17.03.050.

12. Administrative exceptions by the Planning Director under AHMC 17.03.060.

13. Boundary line adjustments and eliminations under Chapter 16.10 AHMC.

14. Time extensions for preliminary subdivision, short subdivision, or binding site plan under AHMC 16.01.080.

15. Minor Alterations. Preliminary and final short subdivisions and preliminary and final binding site plans (where there is no alteration of a public dedication) under AHMC 16.01.090 through 16.01.100.

16. Home profession permit under AHMC 17.04.080.

17. Temporary use or special event permit under AHMC 17.03.065.

18. Street vacations under Chapter 35.79 RCW.

B. Other Regulations. Applications exempt pursuant to this section remain subject to all other applicable standards and requirements of the AHMC. (Ord. C-1022 § 6, 2024)

14.01.060 Development application requirements.

All land use and development applications shall include or be subject to the following:

A. Application Forms. All applications shall be made on forms provided by the Planning Department, except forms for building applications shall be obtained from the Building Department and forms for public works applications shall be obtained from the Public Works Department. The City Manager or designee shall have authority to modify application forms. The project permit application form will include the procedural requirements for submission including the need for additional information or studies.

B. Submittal Information. All applications shall include the information required in applicable provisions of the AHMC as identified in Table 14.01-2 and other additional information required by the Planning Department or by the Public Works Department for building and grading permits subject to SEPA. All applications shall be submitted electronically to the permitting department identified in subsection (A) of this section.

C. Owner Authorization. All applications shall be signed by the owner(s) of the property, or owner(s) of the property shall sign an agent authorization form provided by the Department as specified in subsection (A) of this section.

D. Fees. Fees as required by City Council resolution or AHMC. (Ord. C-1022 § 7, 2024)

14.01.070 Final decision authority.

The final decision for application type shall be made by:

A. Type I. The Planning Department for zoning- and development standards-related decisions, the Building Official for building permit decisions and the Public Works Director for permit decisions under the Public Works Standards.

B. Type II. The Planning Department, except building permit decisions shall be made by the Building Official and public works permit decisions shall be made by the Public Works Director.

C. Type III. The Hearing Examiner, except for site specific rezones, shall be heard by the City Council, preceded by a recommendation by the Planning Commission.

D. Type IV. The City Council, preceded by a recommendation by the Planning Commission. (Ord. C-1022 § 8, 2024)

14.01.080 Required application procedures.

The required procedures for Type I, II, and III applications are summarized in Table 14.01-2 below. In the event of any conflict between Table 14.01-2 and the text of this chapter, the text of this chapter shall apply. The specific procedures required for Type IV applications are set forth in AHMC 14.01.170 and 14.01.180.

Table 14.01-2 – Application Procedures by Permit Type
X – Required
Application Type	Preapplication Review 14.01.090	Complete Application Determination 14.01.110	Notice of Application 14.01.120	Notice of Public Hearing 14.01.150	Final Decision and Notice 14.01.170
I	N/A*	X	N/A	N/A	X
II	N/A*	X	X	N/A**	X
III	N/A*	X	X	X	X
IV***	X	X	X	X	N/A***

* See AHMC 14.01.090(B).

** Notice of public hearing required when the application is for a final subdivision alteration and a public hearing is requested.

*** See AHMC 14.01.180 through 14.01.190 for application procedures for Type IV permits.

(Ord. C-1022 § 9, 2024)

14.01.090 Preapplication review.

A. Purpose. The purpose of preapplication review is to provide the City and staff with a sufficient level of detail about the proposed development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the applicant with the applicable requirements of the AHMC and other laws, and to identify issues and concerns in advance of a formal application.

B. Preapplication. Types I, II, and III applicants may schedule a preapplication review and provide information requested in advance.

C. Preapplication Requirement. The Planning Director, Public Works Director, or Building Official, or designee may require a preapplication review if it is determined that the proposal has sufficient development-related impacts, involves subsequent phases, or has multiple related permits from more than one department. (Ord. C-1022 § 10, 2024)

14.01.100 Project permit application requirements.

A. Type I Project Permit Applications. All application materials shall be submitted electronically. The project permit application for Type I shall include the following at the time of submission:

1. General application form including project name, type of application, project or event description, project address or Spokane County tax parcel identification number, legal description, size of project site and property, applicant, owner, agent, and description of the proposal completed and signed by the owner or authorized agent.

2. Land owner authorization for agent representation form completed and signed by the owner, if applicable.

3. Agreement to pay fees form completed and signed by the owner.

4. Supplemental form completed for each type of application which includes action being sought and information as to why the permit, exception, modification, extension, determination or record is sought including, as applicable:

a. Commercial building checklist;

b. Commercial building permit application;

c. Mechanical permit application;

d. Plumbing permit application;

e. Fire safety permit application;

f. Public works permit application;

g. Nonresidential energy code checklist (NREC);

h. Special inspection and testing agreement;

i. Residential building checklist and residential building permit application;

j. Residential foundation report;

k. Mechanical ventilation form;

l. Footing calculator;

m. Manufactured home placement permit application;

n. Manufactures home building permit application for foundation;

o. Supplemental sign application.

5. Site plan including:

a. Vicinity map;

b. Township/section/range;

c. Scale, NAVD88 Datum;

d. Issue and revision block;

e. Scale and north arrow, maximum scale of one inch = 50 feet;

f. Dimensions of the parcel, adjacent street names, locations of easements and parcel square footage;

g. Location of city limits, if applicable;

h. Indicate buildings located on adjacent parcels and distance to property lines;

i. Footprint location and size of existing and proposed structures on the parcel, distance to property lines, distance to other structures on the parcel, and structure type;

j. Location of utilities (water, sewer, telephone, cable, gas, power);

k. Site contours and drainage;

l. Location and widths of driveway approaches, street frontage improvements;

m. Open spaces and amenities; and

n. Refuse disposal area, if applicable.

6. Elevations of the proposed buildings including finish material, doors, windows, height, if applicable.

7. Foundation plan, floor plan, framing plan, building cross sections, fire resistive elements, barrier free access, structural plans and calculations.

8. Landscaping plans including irrigation plans, as applicable.

9. Civil plans for water, sewer, streets, grading, stormwater, reclaimed water, geotechnical analysis, as determined by the Department under the appropriate chapter of the AHMC and Public Works Standards.

10. Information specified for each project permit application by the applicable title of this title and AHMC Titles 12, 13, 15 and 19.

11. Septic system approval from Spokane County Health Department, water and/or sewer extension and connection approval from the City of Spokane, if applicable, under the City’s Public Works Standards unless a consolidated permit review process is requested by the applicant under AHMC 14.01.230 (RCW 36.70B.120).

12. A trip generation and distribution letter or other traffic study required under Resolution 2022-002.

13. Payment of deposit and fees, as applicable, not to exceed 80 percent of the permit feet in accordance with RCW 36.70B.080(1)(l). The remaining fees shall be collected at time of project approval decision.

B. Type II Project Permit Applications. All application materials shall be submitted electronically. The project permit applications for Type II shall include application materials for a Type I application. In addition, the following are required at the time of submission:

1. Binding Site Plan. The information and plans specified under Chapter 16.06 AHMC.

2. Building or Grading Permit Subject to SEPA. The information and plans specified under AHMC Title 15 and Chapter 18.01 AHMC.

3. Minor Alteration of a Final Subdivision. The information and plans specified under Chapter 16.01 AHMC.

4. Short Subdivision. The information and plans specified under Chapter 16.05 AHMC.

5. State Environmental Policy Act (SEPA) checklist completed and signed.

C. Type III Project Permit Applications. All application materials shall be submitted electronically. The project permit applications for Type III shall include application materials for a Type II application. In addition the following are required at the time of submission:

1. Conditional Use Permit. The following additional information is required:

a. How the proposal addresses the criteria for conditional use permits under AHMC 14.01.160(A) and the requirements of AHMC Title 17 for the zone the site is located in, including development and design standards; and

b. Additional studies for the conditional use permit as specified by AHMC for the specific uses.

2. Variances. Applications for variances shall include how the proposal addresses the criteria for variance under AHMC 14.01.160(B).

3. Long Subdivision, Alterations, and Vacation. The application information required by AHMC 16.03.020 and 16.01.100, respectively.

4. Planned Unit Development (PUD).

a. How the proposal addresses the criteria for PUDs under AHMC 14.01.160(D); and

b. The applications requirements of AHMC 17.17.020.

5. Zoning Map Amendments (Site-Specific Rezones).

a. How the proposal addresses the criteria for rezone under AHMC 14.01.160(E);

b. Details on any utilities needed to serve the proposed zone classification; and

c. A written statement of the general purposes of the rezone.

D. Type IV Project Permit Applications. All application materials shall be submitted electronically. The project permit applications for Type IV shall include application materials for a Type II application. In addition, the following are required at the time of submission:

1. Comprehensive Plan Amendments or Area-wide Rezones.

a. Description of the proposed amendment or area of change of zoning;

b. Map of the proposed area or proposed text; and

c. How the proposal addresses the decision criteria under AHMC 14.01.180(K).

2. Development Code Text Amendments.

a. Written proposal for the text to be amended; and

b. How the proposal addresses the decision criteria under AHMC 14.01.190(I). (Ord. C-1022 § 11, 2024)

14.01.110 Complete application determination.

A. Determination. The Planning Department shall, within 28 calendar days, provide a written determination by mail, email or in person to the applicant that the application is fully complete, or if incomplete, and procedural submission requirements have not been met, what is necessary for the application to be procedurally complete. For building permit applications and processing under this section through AHMC 14.01.140 and 14.01.170 and subject to SEPA, the Building Department or their designee will provide the notices and decision. For public works permit applications and processing under this section through AHMC 14.01.140 and 14.01.170 and subject to SEPA, the Public Works Department or their designee will provide the notices and decision.

B. The Department shall notify the applicant whether an application is fully complete or what additional information is necessary within 14 calendar days after the applicant has submitted any additional information identified by the Department as necessary for a complete application. If the procedural submission requirements as provided in AHMC 14.01.060(A) have been provided, additional information or studies may be requested by the Department but do not preclude the determination of a complete application. Any time period the City waits for written response from the applicant is not counted in the application decision time periods.

1. The determination of completeness may include or be combined with:

a. A preliminary determination of development regulation that will be used for project mitigation;

b. A preliminary determination of consistency;

c. Other information the City chooses to include; or

d. The notice of application.

C. An application shall be procedurally complete on the twenty-ninth day after receiving a project permit application if the Department does not provide a written determination that the application is procedurally incomplete. If the Department does not provide a written determination of complete application, the Department may still require additional information or studies.

D. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days of the written notice of an incomplete application, the Department shall:

1. Reject and return the application; or

2. Issue a decision denying the application based on a lack of information. The applicant may reinitiate the complete application review process without additional fees; provided, that the required information is provided by a date specified by the Department; or

3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 50 percent of the fees collected, not including impact fees, recording fees, third-party review fees, nonsufficient fee charges, technology surcharges, and in-lieu fees, submitted as determined by the Director or designee.

E. Complete Application. Once the Department determines that an application is complete, the Department shall, within 14 calendar days, issue a notice of complete application pursuant to this section.

F. Request for Additional Information. A fully complete determination shall not preclude the Department from requesting additional information, studies, or changes to submitted information or plans if new information is required, or if substantial changes to the proposal occur.

G. Revocation. An application’s fully complete status may be revoked if the Department determines that the applicant intentionally submitted false information, or other good cause justifies revocation. In the event an applicant’s fully complete status is revoked, the applicant shall lose any rights granted pursuant to this section, AHMC 14.01.240 and other applicable law.

H. Suspension. An applicant may request in writing to the Department that the application(s) be suspended. Any period after an applicant informs the Department in writing that they would like to temporarily suspend review of the project permit application, until the time that the applicant notifies the local government, in writing, that they would like to resume the application are not counted in the project permit timelines. Any request for a suspension of a permit application shall be approved by the Department which processes the underlying permit application and a time limit shall be set by the Department not to exceed 180 days from the date which the Department notifies the applicant if a suspension is approved. If an applicant informs the Department in writing that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the Department has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for the Department to issue a final decision for each type of project permit that is subject to this chapter. Any written notice from the Department to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purposes of this subsection, “nonresponsiveness” means that an applicant is not making demonstrable progress on providing additional requested information to the Department, or that there is no ongoing communication from the applicant to the Department on the applicant’s ability or willingness to provide the additional information. (Ord. C-1022 § 12, 2024)

14.01.120 Notice of application.

A. Contents. The Department shall issue a notice of application to the applicant within 14 calendar days after an application is determined to be complete.

1. All notices of application shall include the following:

a. The case file number(s), the date of application, the date the application was filed, and the date of notice of application;

b. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the City;

c. The proposed SEPA threshold determination, if applicable;

d. The identification of any existing environmental documents that may be used to evaluate the proposed project;

e. Identification of the public comment period start and end;

f. A statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights;

g. The name of the applicant or applicant’s authorized representative and the name, address, and telephone number of a contact person for the applicant, if any;

h. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning;

i. A map showing the subject property in relation to other properties;

j. The date, place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application; and

k. Any additional information determined appropriate by the Department.

2. In addition to the requirements listed in subsection (A)(1) of this section, a Type II notice of application shall state:

a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application;

b. That all evidence relied upon by the Department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the Department; and

c. That, after the comment period closes, the Department shall issue a Type II notice of decision.

3. In addition to the requirements listed in subsection (A)(1) of this section, a Type III application shall state that a staff report shall be available for inspection at least seven calendar days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing.

B. Distribution of Notice of Application. Notice of an application shall be made as set forth below:

1. Notice by Mail. The following shall receive notice of an application by first class mail:

a. All property owners within 300 feet of the subject property. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within a 300-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor’s/treasurer’s database and provided as a contact list of addresses to mail notice to as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing;

b. Agencies with jurisdiction;

c. Municipal corporations or organizations with which the City has executed an interlocal agreement that impacts the application; and

d. Other persons outside of the 300-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include, but are not limited to, circumstances such as large neighboring properties which limit the number of properties receiving notice within the 300-foot radius, known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to send public notice to other persons beyond the 300-foot radius shall not be considered inadequate public notice.

2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows:

a. A minimum of two-inch border on the top, sides, and bottom of the sign;

b. The first line in four-inch letters shall read “Notice of Application”;

c. Spacing between all lines shall be a minimum of one inch; and

d. The text of the sign shall include the following information in a minimum of one-inch letters:

i. The name, address and telephone number of the applicant.

ii. Date of application, date of the notice of complete application, and date of notice of application.

iii. The location of the project, including nearest intersection.

iv. A project description, including zoning classification.

v. The requested approvals, actions, studies, and/or other requirements.

vi. A public comment period of 14 days after the date of the notice of application, including a statement of the right of any person to comment on the application, participate in hearings if applicable, receive a copy of the decision and any right to appeal.

vii. Identification of other permits not included in the application to the extent known by the City.

viii. Identification of existing environmental documents and location for review, if applicable.

ix. A City staff contact name, email, and phone number.

x. Any preliminary decision including an indication of preliminary threshold decision under SEPA, Chapter 43.21C RCW, by the responsible official if one has been made.

xi. A statement that the decision on the application should be made within the timeframe required under AHMC 14.01.170.

xii. The date, time, place and type of hearing, if applicable.

C. Type I Exception. A notice of application is not required for Type I applications.

D. Comment Period. A 14-day comment period is required for Type II and for Type III applications after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the Department shall mail to the applicant a copy of written public comments, including email communications timely received in response to the notice of application, together with a statement that the applicant may either submit a written response to these comments within 14 calendar days from the date the comments are mailed or waive the response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be provided to the Department in writing. The Department, in making its decision on the application, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including email communications, submitted by the applicant. Any time period in which the City is waiting for response from the applicant is not counted as part of the required decision time periods. (Ord. C-1022 § 13, 2024)

14.01.130 State Environmental Policy Act (SEPA) integration.

When an application is subject to environmental review, such review shall be integrated and run concurrently with the permit procedures of this title.

A. Initial SEPA Analysis. The Department shall review the project permit application under the requirements of SEPA (Chapter 43.21C RCW), the SEPA rules (Chapter 197-11 WAC), and the City’s environmental standards (Chapter 18.01 AHMC), and shall:

1. Determine whether applicable development regulations require studies that adequately analyze all of the proposal’s probable adverse environmental impacts;

2. Determine if applicable development regulations require measures that adequately address the proposal’s probable adverse environmental impacts;

3. Determine whether additional studies are required and/or whether the proposal should be conditioned with additional mitigation measures; and

4. Provide prompt and coordinated review, by agencies and the public, on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level.

If the Department bases or conditions its approval of the project permit application on compliance with the requirements or mitigation measures of this subsection (A), the Department shall not impose additional mitigation under SEPA during project review.

B. Use of Existing Environmental Documents. In its review of a project permit application, the Department may determine that the requirements for environmental analysis, protection, and mitigation measures, as contained in applicable development regulations, the Comprehensive Plan, and/or other applicable local, state, or federal laws, provide adequate analysis of, and mitigation for, the specific adverse environmental impacts of the application.

1. Development regulations, the Comprehensive Plan, and/or other applicable local, state, or federal laws, provide adequate analysis of, and mitigation for, the adverse environmental impacts of the application when:

a. The impacts have been avoided or otherwise mitigated; or

b. The City has designated acceptable levels of service, land use designations, development standards, or other land use planning regulations as required or allowed by the Growth Management Act (Chapter 36.70A RCW).

2. In its decision whether a specific environmental impact has been addressed by an existing rule or law of another agency with jurisdiction, the Department shall consult orally or in writing with that agency and may expressly defer to that agency. In making such deferral, the Department shall base or condition its project approval on compliance with such other agency’s existing rules or laws.

C. SEPA Threshold Determinations.

1. Except for a threshold determination of significance (DS), the Department shall not issue a threshold determination or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.

2. If the Department has made a determination of significance (DS) concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to a notice of application.

3. If an open record predecision hearing is required on the underlying project permit application, the Department shall issue its threshold determination at least 15 days prior to the predecision hearing.

4. The Department under AHMC 18.01.210, has provided for appeals to the Hearing Examiner regarding SEPA determinations, including any determination of nonsignificance (DNS), mitigated determination of nonsignificance (MDNS), determination of significance (DS), or draft or final environmental impact statement (DEIS/FEIS) or supplement or addendum thereto. (Ord. C-1022 § 14, 2024)

14.01.140 Optional notice of application/integrated determination of nonsignificance (DNS) process.

In accordance with WAC 197-11-355, if the City is the lead agency for a proposal and has a reasonable basis for determining that significant adverse environmental impacts are unlikely, the City may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal.

A. If the integrated comment period is utilized, the City shall:

1. State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:

a. The optional DNS process is being used;

b. This may be the only opportunity for comment on the environmental impacts of the proposal;

c. The proposal may include mitigation measures under applicable municipal code provisions, other ordinances and regulations, and the project review process may incorporate or require mitigation measures regardless of whether an environmental impact statement (EIS) is prepared; and

d. A copy of the subsequent threshold determination for the proposal may be obtained upon request;

2. List in the notice of application the conditions being considered to mitigate environmental impacts, if a MDNS is expected;

3. Comply with the requirements for the notice of application and public notice as set forth in other sections of this chapter; and

4. Send the notice of application and environmental checklist to:

a. Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and

b. Anyone requesting a copy of the environmental checklist for the proposal.

B. If the City indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application pursuant to WAC 197-11-948.

C. The responsible official shall consider timely comments on the notice of application and either:

1. Issue a DNS or MDNS with no comment period using the procedures in subsection (D) of this section;

2. Issue a DNS or MDNS with a comment period using the procedures in subsection (D) of this section, if the City determines a comment period is necessary;

3. Issue a determination of significance (DS); or

4. Require additional information or studies prior to making a threshold determination.

D. If a DNS or MDNS is issued under subsection (C) of this section, the City shall send a copy of the DNS or MDNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. The environmental checklist need not be recirculated. (Ord. C-1022 § 15, 2024)

14.01.150 Notice of public hearing and open record hearing procedures.

A public hearing is required for Type III applications.

A. Content of Notice of Public Hearing. A notice of public hearing shall contain the following information:

1. The application and/or project number;

2. Project summary/description of each project permit application;

3. The designation of the hearing body;

4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body;

5. General project location, vicinity, address, and parcel number(s), if applicable;

6. The name of the applicant or applicant’s authorized representative and the name, address, and telephone number of a contact person for the applicant, if any;

7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period;

8. A statement regarding the appeal process; and

9. The date when the staff report will be available and the place and times where it can be reviewed.

B. Distribution of Notices of Public Hearing. A notice of public hearing shall be mailed and posted on the subject property at least 15 calendar days prior to the hearing date and shall be distributed as follows:

1. Notice by Mail. All property owners within 300 feet of the subject property. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within a 300-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor’s/treasurer’s database and provided as a contact list of addresses to mail notice to as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing;

a. Agencies with jurisdiction;

b. Municipal corporations or organizations with which the City has executed an interlocal agreement that may impact the application; and

c. Other persons outside of the 300-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include, but are not limited to, circumstances such as large neighboring properties which limit the number of properties receiving notice within the 300-foot radius, known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to send public notice to other persons beyond the 300-foot radius shall not be considered inadequate public notice.

2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows:

a. A minimum of two-inch border on the top, sides, and bottom of the sign;

b. The first line in four-inch letters shall read “Notice of Public Hearing”;

c. Spacing between all lines shall be a minimum of one inch; and

d. The text of the sign shall include the following information in a minimum of one-inch letters:

i. Proposal;

ii. Applicant;

iii. File number;

iv. Hearing (date and time);

v. Location; and

vi. Review authority.

C. Hearing Procedures and Open Record Hearing. All required hearings shall be conducted by either the Hearing Examiner or the City Council as identified in AHMC 14.01.070. Before rendering a decision or recommendation on any matter, the Hearing Examiner or City Council shall hold one open record public hearing. The Hearing Examiner or City Council shall examine official maps, photos, development plans, calculations, etc., relating to the conditions of the affected land or property. The Hearing Examiner or City Council shall have the power to prescribe rules and regulations for the conduct of hearings under this chapter, including continuances, and also to administer oaths and preserve order. The open record hearing shall include the following:

1. Staff presentation, including submittal of any administrative reports. The hearing body may ask questions of the staff. The public file is considered part of the record.

2. Applicant presentation, including submittal of any materials. The hearing body may ask or authorize questions of the applicant or its agents.

3. Testimony or comments by the public germane to the matter. Questions from the public shall be addressed to the hearing body.

4. Rebuttal, response, or clarifying statements by the staff and the applicant.

5. The evidentiary portion of the public hearing shall be then be closed and the hearing body shall deliberate on the matter.

D. Scheduling of Hearings.

1. The Planning Department, in coordination with the Hearing Examiner or City Council, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to RCW 36.70B.110.

2. The Hearing Examiner may consolidate applications involving the same or related properties for hearing.

E. Staff Reports.

1. The Planning Department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the Hearing Examiner or City Council on all applications subject to a public hearing.

2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the Hearing Examiner or City Council and mailed by first class mail or provided to the applicant via email or in person. At such time, the Planning Department shall also make the report available for public inspection. Upon request, the Planning Department shall provide by mail or email a copy of the report to any requesting person for the cost of reproduction and mailing.

3. If the staff report is not timely filed or furnished, the Hearing Examiner or City Council may at their discretion continue the hearing, considering the prejudice to any party and the circumstances of the case.

F. Site Inspections.

1. The Hearing Examiner or City Council may make site inspections, which may occur at any time before a final decision. Notice of the intention to inspect which would include entering the property shall require notification to all parties that a site inspection will occur on the premises as part of the decision process and the hearing body will not engage in substantive discussions with the owner/applicant.

2. The inspection and the information obtained from any inspection shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the Hearing Examiner or City Council may, upon notice to all parties of record, request a written response to such information or reopen the hearing and/or record to consider the information. (Ord. C-1022 § 16, 2024)

14.01.160 Decision criteria for Type III applications.

A. Conditional Use Permits. The Hearing Examiner shall have the authority to grant a conditional use permit based upon criteria for determining the conditions that would apply for compatibility. Additional conditions may be applied for a conditional use permit to assure compatibility of the use with other uses in the zone. Before issuing a conditional use permit the following facts and/or conditions must exist:

1. Adequate conditions and restrictions are attached to the development of the property to ensure that the proposed use will be compatible with uses permitted outright in the location;

2. The standards as outlined in the zoning title for the zone shall be met; and

3. Considerations and special conditions that may be applied to a conditional use permit include conditions to increase compatibility and provide mitigation of environmental impacts such as: noise; light and glare; increased yard setbacks; special landscaping and screening; hours of operation, and other reasonable conditions to uphold the spirit and intent of the zoning title and the Comprehensive Plan. The Hearing Examiner may apply the following conditions and requirements to a conditional use:

a. Control of use;

b. Provision for front, side, or rear setbacks greater than the minimum standards of the zone within which the property is located;

c. Special landscaping, screening, fencing, signage, off-street parking, public transit, and high occupancy vehicle facilities or any other general development standards;

d. Requiring street dedications and roadway and drainage improvements necessary as a result of the proposed use;

e. Control of points of ingress and egress;

f. Control of noise, vibration, odor, glare, and other environmental contaminants; control of operating hours; duration or time limitations for certain activities; and/or

g. Environmental impact requirements, including any other reasonable restrictions, conditions, or safeguards that will uphold the spirit and intent of this code and the Comprehensive Plan and mitigate any adverse impact upon adjacent properties by reason of use, extension, construction, or alterations allowed.

B. Variances.

1. The Hearing Examiner shall have the authority to grant variances to the development standards for any case involving undue hardship and practical difficulties rendering compliance with the zoning title extremely difficult, bearing in mind the spirit of applicable laws and regulations, public safety, and substantial justice. However, no variance shall be granted unless the Hearing Examiner finds that all of the following conditions have been met:

a. Due to special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning title creates practical difficulties and is found to deprive the property of rights and privileges enjoyed by other properties in the vicinity and in similar zoning; and

b. The granting of the variance will neither be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zone in which the property is located.

2. Decision guidelines for consideration of granting a variance request include:

a. Strict application of the zoning title creates an unreasonable burden in light of the purpose to be served by such title;

b. Relaxation of the zoning title requirement will allow a more environmentally sensitive, energy-conserving, or superior design;

c. A broader public interest or community need or interest will be served by granting the variance;

d. The granting of a variance should not be based upon precedent established by illegal or nonconforming circumstances;

e. A variance should not establish a precedent or result in a de facto zone reclassification; and

f. A variance should be consistent with the intent and general purpose of the Comprehensive Plan.

C. Preliminary Subdivision. The Hearing Examiner shall have the authority to approve a preliminary subdivision based upon criteria under AHMC 16.03.050. Additional conditions may be applied for a preliminary subdivision to assure compatibility of the development.

D. Preliminary Planned Unit Development. The City Council shall have the authority to approve a preliminary planned unit development based upon criteria under AHMC 17.17.020. Additional conditions by be applied to the preliminary planned unit development to assure compatibility of the development.

E. Rezones. The Planning Commission shall recommend to the City Council, and the City Council shall have the authority to approve, a site-specific rezone based upon the following criteria:

1. The development is consistent with the Comprehensive Plan and meets the requirements and intent of the development code.

2. The proposed zoned has adequate area for open space, drainage ways, streets and other public ways, transit stops, water supply, sanitary wastes, parks and recreation facilities, playgrounds, sites for schools and school grounds, and other public utilities.

3. The proposed zone change can be adequately mitigated adverse environmental impacts identified during environmental review under Chapter 18.01 AHMC.

4. The uses of the proposed zone are not harmful to the public health, safety and welfare and is in the public interest.

5. The change to the proposed zone does not lower the level of service of transportation, neighborhood park facilities, public safety, and utility services below the minimum standards established within the Comprehensive Plan. If the development results in a level of service lower than those set forth in the Comprehensive Plan, the rezone may be approved if improvements or strategies to raise the level of service above the minimum standard are made concurrent with the development. For the purpose of transportation improvements, “concurrent with the development” is defined in AHMC 14.09.040.

6. The area, location, and features of land proposed for dedication are a direct result of the development proposal, are reasonably needed to mitigate the effects of the development, and are proportional to the impacts created by the development. (Ord. C-1022 § 17, 2024)

14.01.170 Final decision for Type I – III applications.

A. Timeline to Make Final Decision – Type I. The Planning Department shall approve, approve with conditions, or deny a Type I application within 65 days after the date the application was accepted as complete, unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 65-day period. An applicant may agree in writing to extend the time in which the Department shall issue a decision. The Department’s decision shall address all of the relevant approval criteria applicable to the development application.

B. Timeline to Make Final Decision – Type II. The Department, as identified in AHMC 14.01.070, shall make a final decision to approve, approve with conditions, or deny a Type II application not more than 100 days after the date a complete determination is made. This period shall not include:

1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City;

2. Time spent preparing an environmental impact statement;

3. Time between submittal and resolution of an appeal; or

4. Any extension of time mutually agreed upon by the applicant and the City in writing.

C. Timeline to Make Final Decision – Type III. The Department or Hearing Examiner, as identified in AHMC 14.01.070, shall make a final decision to approve, approve with conditions, or deny a Type III application not more than 170 calendar days after the date a complete determination is made. This period shall not include:

1. Time spent by the applicant to revise plans or provide additional studies or materials requested in writing by the City;

2. Any period after the applicant informs the City in writing that they would like to temporarily suspend review of the project permit and until the time that the applicant notices the City in writing that they would like to resume the application;

3. Time spent preparing an environmental impact statement;

4. Time between submittal and resolution of an administrative appeal;

5. The time periods for a City to process a project permit shall start over if the applicant proposed a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of completeness; or

6. Any extension of time mutually agreed upon by the applicant and the City in writing.

D. Contents of Final Decision.

1. The final decision on Type I – III applications shall contain the following information:

a. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant’s proposal and of the decision;

b. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable;

c. The date the decision shall become final, unless appealed;

d. A statement that all persons who have standing under AHMC 14.01.200, Appeals, may appeal the decision;

e. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal;

f. A statement that the complete case file, including findings, conclusions, decisions, and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and department contact information;

g. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria;

h. A statement of the basis of decision pursuant to the AHMC and other applicable law;

i. The reasons for a conclusion to approve, approve with conditions, or deny the application;

j. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and

k. The date the final decision was issued.

E. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following:

1. The applicant;

2. Any governmental agency entitled to notice;

3. Any person filing a written request for a copy of the notice of application or the final decision; and

4. Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. (Ord. C-1022 § 18, 2024)

14.01.180 Type IV applications – Comprehensive Plan amendments and area-wide rezones.

A. Initiation. Comprehensive Plan amendments and area-wide rezones may be initiated by any of the following:

1. Property owner(s) or their representatives;

2. Any citizen, agency, neighborhood association, or other party; or

3. The City Department, Planning Commission, or City Council.

B. Applications. Applications shall be made on forms provided by the City.

C. Application Submittal.

1. Applicant Initiated Submittals. Comprehensive Plan amendments and area-wide rezones shall be subject to preapplication review and a determination of completeness pursuant to AHMC 14.01.090 and 14.01.100. Applications shall be submitted in the time frame between December 1st and December 31st of each year. The date upon the determination of complete application shall be the date of application with the Planning Department.

2. Submittals Initiated by the City Council, Planning Commission or City Department. After submittal of an application, the application shall be placed in the same package at the applicant-initiated applications and be considered as a single action as required by Chapter 36.70A RCW.

D. Docket of Comprehensive Plan Amendments and Area-Wide Rezones.

1. The Planning Department shall establish and maintain a docket of all applications submitted under this section.

2. The Planning Director shall establish an annual docketing process whereby any interested person, the Planning Commission, City staff, City Council, City’s designated Hearing Examiner and staff of other agencies may submit applications to amend the City’s Comprehensive Plan. That process shall include, but not be limited to, an:

a. Annual application period as described in subsection (C)(1) of this section;

b. Application form and a checklist of required information to be submitted with the application; and

c. Public outreach program during the annual application period to ensure public awareness of the docketing process and the ability for the public to submit applications proposing amendments to the Comprehensive Plan and Zoning Map.

3. After the application deadline, the Planning Director shall compile a preliminary docket consisting of a listing of all docket applications that were determined to include all of the required submittal items. The preliminary docket shall include a:

a. Brief description of the proposed amendment;

b. Preliminary staff analysis of the proposal as to whether it is in the interest of the public health, safety, and welfare of Airway Heights residents; and

c. Staff recommendation as to whether it should be placed on the final docket.

If no applications are received, compiling a preliminary docket is not required.

4. The City Council, at an annual docket public hearing held in February, shall consider all of the proposals on the preliminary docket and decide which, if any, shall be placed on the final docket. Criteria the City Council may use in considering the application may include, but are not limited to, whether the proposal is consistent with their vision for the City and whether there are adequate staff resources to properly evaluate and process the proposals. Decisions by the City Council on which items to place on the final docket are legislative and discretionary. If no applications are received the City Council shall not hold an annual docket public hearing and a final docket will not be approved for that year.

5. The Planning Director or designee shall research and analyze all items placed on the final docket by the City Council. The Planning Director or designee shall process each item as a Comprehensive Plan or Zoning Map amendment to be brought to the City Council, with a Planning Commission recommendation, for their consideration during an annual Comprehensive Plan amendment or area-wide rezone public hearing. All final docket items shall be processed or reported on within one calendar year of when the item was placed on the final docket. This time limit may be extended with City Council approval.

6. Only amendment proposals placed on the final docket may be forwarded to the Planning Commission for consideration. All amendment proposals to be considered in a calendar year shall be considered concurrently so the cumulative effect of the various proposals can be ascertained.

E. Applications Processing and Exceptions.

1. All docketed applications shall be reviewed concurrently, not more frequently than once a year, on an annual basis, and in a manner consistent with RCW 36.70A.130(2), except as provided below:

a. Initial adoption of a specific/subarea plan that does not modify the Comprehensive Plan policies and designations applicable to the subarea (RCW 36.70A.130(2)(a)(i)).

b. Amendment of the capital facilities program portion of the Comprehensive Plan that occurs concurrently with the adoption or amendment of a City budget.

c. Whenever an emergency exists. The City Council will review a potential emergency situation, with advice from the City Attorney, to determine if the situation does, in fact, necessitate an emergency Comprehensive Plan amendment. Findings must demonstrate a need of neighborhood or community-wide significance, and not a personal emergency on the part of a particular applicant or property owner. Potential emergency situations may involve official, legal or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property, prevent an imminent threat of serious environmental degradation or address the absence of adequate and available public facilities or services.

d. Changes necessary to resolve an appeal of a Comprehensive Plan filed with the Growth Management Hearings Board or with the court.

e. Changes necessary to address any recent state or federal legislative actions, or changes to state or federal regulations, such as changes to the Growth Management Act, or new environmental regulations.

f. Technical corrections that would remove typographical errors or resolve a mapping error.

g. Amendment to the Land Use Plan Map to accommodate an annexation into the City.

2. Applications submitted between December 1st and December 31st of each year shall be included in the next annual review. Those submitted after December 31st shall be placed on the docket for review at the following annual review.

3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the City Council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a).

F. Notice of Application Contents. For applications for Comprehensive Plan map amendments, the Planning Department shall issue a notice of application to the applicant for proposals made under this section after an application is determined to be complete and have been placed on the final docket by City Council under subsection (D)(4) of this section.