Chapter 20.04
PORT TOWNSEND COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS AMENDMENT PROCESS

Sections:

20.04.010    Amendments – Definitions, purpose and introduction.

20.04.020    Amendment cycles – Cumulative effects must be considered.

20.04.030    Exceptions to the annual amendment process.

20.04.035    Schedule for GMA periodic updates, annual, and suggested amendments.

20.04.040    Applications for Comprehensive Plan amendment – Formal and suggested amendments.

20.04.050    Planning commission assessment – Compilation of preliminary docket.

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

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

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

20.04.090    Land use code text revisions.

20.04.010 Amendments – Definitions, purpose and introduction.

A. Definitions. The following definitions shall apply throughout this chapter:

1. “Department” shall mean the development services department.

2. “Director” shall mean the DSD director or his/her designee.

B. Purpose. The purpose of this chapter is to establish a process by which the city reviews and amends the Comprehensive Plan or land use map in accordance with the provisions of the Growth Management Act (GMA) in order to respond to changing circumstances or needs of the city. This chapter also establishes the city’s public participation program as required by RCW 36.70A.140.

Pursuant to the GMA, the city must periodically review and, if needed, revise its Comprehensive Plan and development regulations to ensure that they comply with the GMA, as per the schedule provided in RCW 36.70A.130. The city may consider proposed amendments no more frequently than once every year with limited exceptions (see PTMC 20.04.030).

This chapter is intended to provide a process based upon the GMA periodic update cycle that includes: (1) an annual process with timelines and procedures whereby property owners, their agents or project proponents may submit applications for formal, site-specific amendments to the Comprehensive Plan; (2) a process whereby the city will compile and maintain a preliminary docket of proposed suggested amendments to be processed during the GMA periodic update or more frequently as may be directed by council and then select which proposed suggested amendments will be placed on the final docket for review; and (3) criteria for review of the final docket by the planning commission and city council. This chapter also provides a process for the planning commission to periodically monitor and assess the Comprehensive Plan, and based on this review to recommend amendments (if any) to the Plan.

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

D. Planning Commission Role. The planning commission shall make recommendations to the city council on all Comprehensive Plan matters, including amendments to the plan text and land use map, development regulations and subarea plans. To this end, the planning commission shall conduct such assessments and hearings as are required by this chapter and shall make findings and conclusions therefrom which shall be transmitted to the director which shall transmit the same on to city council with such comments and recommendations deemed necessary.

E. Applicability of Chapter 20.01 PTMC. Updates, amendments or revisions to the Comprehensive Plan text, the land use map, and the development regulations are legislative, Type V decisions under Chapter 20.01 PTMC, and particularly PTMC 20.01.060 and 20.01.070. Accordingly, all applicable provisions of that chapter apply to the decision-making process adopted in this chapter, regardless of whether they are specifically referred to herein. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2824 § 2, 2002; Ord. 2559 § 1, 1996).

20.04.020 Amendment cycles – Cumulative effects must be considered.

A. GMA Periodic Update. Pursuant to the GMA, the city must periodically review and, if needed, revise its Comprehensive Plan and development regulations to ensure that they comply with the GMA, as per the schedule provided in RCW 36.70A.130. Often, this is a multi-year/multi-phase effort which begins with analytical work and scoping and culminates in public hearings to review draft documents.

B. Annual Amendment Docket. In addition to the GMA periodic update, the city must consider certain types of amendments on an annual basis. The following types of amendments shall be docketed and considered on an annual basis:

1. Site-specific “formal” applications, timely filed and accompanied by a filing fee;

2. Time sensitive mandated amendments as determined by the director of development services; and

3. Amendments necessary to address a deficiency in the Comprehensive Plan or development regulations identified during project review (pursuant to RCW 36.70A.470(3)), provided, if resources are unavailable, the amendment could be carried over.

C. Suggested Amendment Cycle. In recognition of limited resources and consistent with WAC 365-196-640(6), suggested amendments shall be compiled by the director and forwarded to the planning commission for consideration on the final docket per the procedure set forth in PTMC 20.04.060. This review shall take place during the GMA periodic update or as may be directed by council pursuant to PTMC 20.04.035(B).

D. Update Processes Shall Not Overlap. Pursuant to WAC 365-196-610(3), the GMA periodic review and annual amendment docket may not overlap. Given that the GMA periodic update is a multi-year/multi-phase process, it may interrupt the annual amendment cycle. During the first phase (Phase I) of a GMA update, where the focus is primarily data analysis, an annual amendment process may be processed on a parallel track. However, during Phase II of a GMA update where the focus is primarily policy development, the annual docket must be combined with the broader GMA docket or postponed until the year following the update.

E. Except as provided in PTMC 20.04.030, Comprehensive Plan amendments shall not be considered by the city council more frequently than once every year.

F. Cumulative Effects. Proposals for plan amendment shall be considered concurrently so that the cumulative effect of all items on the final docket will be ascertained. Proposals may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all the proposed amendments to the Comprehensive Plan. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2824 § 2, 2002; Ord. 2559 § 1, 1996).

20.04.030 Exceptions to the annual amendment process.

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

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

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

3. Initial adoption or amendment to an identified subarea plan or functional plan that clarifies, supplements, or implements jurisdiction-wide Comprehensive Plan policies; the subarea plan or functional plan may only be adopted if the cumulative impacts of the proposed plan are addressed by appropriate environmental review;

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

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

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

7. The amendment of the capital facilities element of the Comprehensive Plan that occurs concurrently with the adoption or amendment of the city’s budget. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2892 § 2, 2005; Ord. 2824 § 2, 2002; Ord. 2559 § 1, 1996).

20.04.035 Schedule for GMA periodic updates, annual, and suggested amendments.

A. Responsibility. The director shall have the responsibility to manage the preliminary docket as set forth in this section and assure that the process and schedule set forth herein are followed.

B. On or before December 15th of each year, council may elect to open the next annual amendment process to suggested amendments. This decision shall be made by resolution no later than December 15th of the preceding year to ensure notice required in subsection C of this section includes call for suggested amendments. Council action should be based upon consideration of available resources to review amendments and implement the Comprehensive Plan.

C. The public shall be made aware of the deadline to submit proposed amendments to the Comprehensive Plan by means of two publications in the local newspaper of general circulation in the city, with the first notice published at least 30 days prior to the deadline.

D. GMA Periodic Updates. The city shall take action to review and, if needed, revise the Comprehensive Plan and development regulations in accordance with the schedule adopted in RCW 36.70A.130(5)(b) and the procedures contained in this chapter. The scope of work for each GMA periodic update may vary depending upon applicable state mandates and local needs.

E. Site-specific amendments/amendments necessary to correct a deficiency identified during project review may be proposed annually consistent with the processes and requirements of PTMC 20.04.040 for “formal” applications.

F. Suggested Amendments. Suggested amendments shall only be considered for docketing during Phase I of the GMA periodic update unless otherwise directed by council pursuant to subsection B of this section. The limitation on suggested amendments is intended to allow for increased implementation of the Comprehensive Plan and consideration of suggested amendments in a more concerted fashion with broader public participation.

G. Planning Commission Assessment. Conducted pursuant to PTMC 20.04.050(A) during Phase I of each GMA periodic update and in interim years as may be directed by council. Intended to periodically assess changes in the community and whether amendments to the Comprehensive Plan are warranted. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2824 § 3, 2002).

20.04.040 Applications for Comprehensive Plan amendment – Formal and suggested amendments.

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

1. Formal Applications. Any interested person, defined as proponents of land development projects and/or property owner(s) or their authorized representative(s), may file a formal application for an amendment to the Comprehensive Plan; provided, that the proposed amendment relates to a site-specific proposal. Any such application must be accompanied by the applicable filing fee. Examples include application to amend the land use and zoning maps (i.e., rezone); application to correct a deficiency identified during project review.

2. Suggested Amendments. Anyone may suggest an amendment, which shall be added to the “list of proposed amendments” to be maintained by the director and placed on the preliminary docket for planning commission’s consideration during Phase I of a GMA update cycle or as may be directed by council pursuant to PTMC 20.04.035(B). In general, suggested amendments should be limited to proposals that broadly apply to the goals, policies and implementing strategies of the Comprehensive Plan, rather than amendments designed to address site-specific issues of limited applicability. Whether such amendments are placed on the final docket shall be governed by the process outlined in PTMC 20.04.060. No fee shall be required for such proposals.

B. Amendment Deadline/Form. All suggested or formal amendments must be submitted to the department by February 1st of the current year in order to be considered during that year’s amendment process, except that city-sponsored amendments to the capital facilities and utilities element of the Comprehensive Plan may be accepted later than other proposed amendments because of their relationship to the city’s annual budget process; provided, however, that suggested amendments will be compiled by the director and forwarded for review only during Phase I of a GMA update cycle or as may be directed by council pursuant to PTMC 20.04.035(B). All proposed amendments shall be submitted on department forms and include the following information, as determined by the department, to be necessary to evaluate the particular proposal:

1. Name and address of applicant;

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

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

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

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

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

7. Any additional information deemed reasonably necessary by the director to evaluate the proposed amendment. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2982 § 19, 2008; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

20.04.050 Planning commission assessment – Compilation of preliminary docket.

A. Planning Commission Assessment of Comprehensive Plan.

1. Criteria for Assessment. Beginning in 2014, the planning commission shall assess and monitor the Comprehensive Plan consistent with the schedule for GMA periodic updates provided in RCW 36.70A.130 and in any intervening years as may be directed by city council pursuant to PTMC 20.04.035(B). This assessment should be based on a consideration of the following criteria:

a. Whether growth and development as envisioned in the Comprehensive Plan are occurring faster or slower than anticipated, or are failing to materialize;

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

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

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

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

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

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

B. Compilation of the Preliminary Docket.

1. The following types of amendments shall automatically be placed on the final docket:

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

b. Mandated amendments which require action within the amendment cycle will automatically be placed on the docket.

c. Amendments necessary to address a deficiency in the Comprehensive Plan or development regulations identified during project review (pursuant to RCW 36.70A.470(3)).

2. All Other Suggested Amendments. The director shall maintain for public review the list of suggested amendments made by citizens, the city council or members of the city council, city staff, city departments or other agencies to be considered during the next suggested amendment review cycle.

a. During Phase I of a GMA periodic update, the director shall compile the suggested amendments into a preliminary docket and forward it to the planning commission together with his/her “update work program” containing the director’s recommended scope and schedule for the update.

b. During an annual amendment process in which council has elected to accept suggested amendments pursuant to PTMC 20.04.035(B), the director shall compile the list of suggested amendments into a preliminary docket and forward the list to planning commission by March 31st.

PTMC 20.04.060 sets forth the process for selecting which suggested amendments will be placed on the final docket to go forward during suggested amendment review cycles. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

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

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

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

C. Planning Commission Hearing. The planning commission shall hold a noticed public hearing on the preliminary docket. Following the hearing, the planning commission shall adopt a recommendation, identifying those amendments which it is recommending for city council consideration during each suggested amendment cycle. The planning commission shall take a vote on each suggested amendment to recommend or not recommend docketing to the city council. Recommendations on whether an item shall be included in the annual docket should be based on the following criteria:

1. The proposed amendment presents a matter appropriately addressed through the Comprehensive Plan; and

2. The proposed amendment can be reasonably reviewed within the available resources and time frame; and

3. The proposed amendment addresses significantly changed conditions or responds to an expressed desire by the community since the last time the pertinent Comprehensive Plan map or text was amended and thus warrants review in the current year; and

4. The proposed amendment is consistent with policy implementation in the county-wide planning policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code.

The language of suggested amendments may not be modified at time of docketing. However, the planning commission may choose to docket additional or alternative suggested amendments provided such amendments are drafted in line-in/line-out bill format by the planning commission or staff. The planning commission’s recommendation should also include those proposed amendments coming out of its Comprehensive Plan assessment process. Notice of the planning commission hearing shall be given by publication in the city’s official newspaper at least 10 days prior to the date of the hearing and by posting a copy of the hearing notice at City Hall, which shall include a statement of the purpose of the hearing.

D. City Council Decision.

1. During GMA Periodic Update Cycles. Council shall hold a public meeting to consider items in subsections (D)(1)(a) through (c) of this section and shall make every reasonable effort to do so well in advance of the state mandated deadline (e.g., 18 months prior):

a. The planning commission assessment of the Comprehensive Plan and development regulations.

b. Planning commission’s recommendation on the suggested amendments compiled by the director.

c. Recommended “update work program” containing the director’s recommended scope and schedule.

2. During an Annual Amendment Process in Which Suggested Amendments Are Being Considered. By the second council meeting of April of each suggested amendment cycle, the council shall consider the planning commission’s recommended docket at a regularly scheduled public meeting.

Council may adopt the planning commission’s recommended docket without a public hearing; however, in the event that a majority of the council decides to add or subtract amendments, it shall first hold a public hearing, noticed as set forth in subsection C of this section. The council’s decision to place a proposed amendment on the final docket does not constitute a decision or recommendation that the proposed amendment should be adopted. No additional amendments may be considered after council adoption of the annual docket, with the exception of amendments to the capital facilities and utilities element or emergencies. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

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

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

B. Transmittal to State. Once the final docket is established, the department will transmit a copy of all proposed amendments to the Comprehensive Plan or land use code to the Washington State Department of Commerce (DOC) at least 60 days prior to the expected date of final city council action on the proposed amendment as consistent with Chapter 36.70A RCW. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

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

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

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

2. The planning commission may establish subcommittees for more detailed study which shall include at least two planning commissioners and may include but are not limited to members of the public, representatives of impacted groups, or persons selected for their specific area of expertise.

3. For all amendments, the planning commission shall develop findings and conclusions and a recommendation based on the following decision criteria:

a. Whether the amendment will adversely affect the public health, safety and welfare in any significant way; and

b. Whether the proposed amendment is consistent with the GMA and adopted county-wide planning policies; and

c. Whether the proposed amendment reflects current widely held community values or resolves inconsistencies in the city’s Comprehensive Plan; and

d. Whether the proposed amendment would maintain the appropriate balance of land uses within the city; and

e. Whether the proposal implements the Comprehensive Plan; or alternatively

f. Since the adoption of the Comprehensive Plan, there has been a substantial change in circumstances related to the proposed amendment and/or the area in which it is located which warrants the proposal.

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

a. In the case of an amendment to the comprehensive land use map, whether the subject parcels are physically suitable for the requested land use designation(s) and the anticipated land use development(s), including, but not limited to, access, provision of utilities, compatibility with adjoining land uses and absence of physical constraints.

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

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

B. City Council Review/Appeal.

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

2. City Council Hearing. The city council shall consider the changes to the Comprehensive Plan and shall hold an open record public hearing on the amendments under the procedures set forth for public hearings in PTMC 20.01.240.

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

4. Changes to Proposed Amendments. Unless otherwise excepted pursuant to RCW 36.70A.035(2), if the city council chooses to consider a change to an amendment to a Comprehensive Plan or development regulation, and the change is proposed after the opportunity for review and comment has passed under the city’s procedures, an opportunity for review and comment on the proposed change shall be provided before the council votes on the proposed change.

5. Adoption by Ordinance. The city council shall adopt any amendments to the Port Townsend Comprehensive Plan by ordinance.

a. During GMA update cycles, the city council shall make reasonable efforts to take final action in accordance with the adopted work program pursuant to PTMC 20.04.060(D).

b. During annual amendment cycles, the city council shall make reasonable efforts to take final action on the docket by the second council meeting of September of each year.

6. Transmittal to State. Per Chapter 36.70A RCW, department will transmit a copy of any adopted amendment to DOC within 10 days after adoption by council.

7. Appeals. All appeals to the adoption of an amendment to the Comprehensive Plan shall be filed with and processed by the Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2982 § 17, 2008; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).

20.04.090 Land use code text revisions.

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

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

2. Under the process and timelines (February 1st deadline for submittal) for Comprehensive Plan suggested or formal amendments as specified by PTMC 20.04.035 through 20.04.080. Any such application must be made to the department on forms provided by the city and accompanied by payment of the required filing fee for land use code text amendments, unless the proposal is in the form of a suggested comprehensive amendment;

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

B. Notice.

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

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

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

C. Planning Commission Review. The planning commission shall hold a public hearing on any text amendment to the land use code and make a recommendation to city council, using the decision criteria set forth in PTMC 20.04.080(A)(4), as applicable.

D. City Council Review. The city council shall hold a noticed public hearing on the proposed text amendment and, after considering the recommendation of the planning commission and applying the same criteria, make a final determination on the amendments to the land use code. Any amendments shall be adopted by ordinance.

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

F. Appeals. All appeals to the adoption of an amendment to the land use code shall be filed with and processed by the Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 3193 § 2 (Exh. A), 2018; Ord. 3104 § 1 (Exh. A), 2014; Ord. 2945 § 8.1, 2007; Ord. 2892 § 2, 2005; Ord. 2824 § 4, 2002; Ord. 2559 § 1, 1996).