Chapter 18.24
LEGISLATIVE DECISIONS—REVIEW CRITERIA
Sections:
18.24.010 Development code amendments.
18.24.020 Right-of-way vacation.
18.24.040 Zoning of annexed lands.
18.24.010 Development code amendments.
A. This chapter establishes the process for adopting and amending Growth Management Act (GMA) development regulations and the comprehensive plan text and map to ensure early and continuous public participation in the development and amendment of development regulations that implement the city’s comprehensive plan. For the purposes of this chapter, “development regulations” means the controls placed on development or land use activities by the city, including, but not limited to, zoning, SEPA, critical areas ordinances, site development, design standards, signs, official controls, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the city.
1. The community development department shall notify the State of Washington Department of Community, Trade and Economic Development (CTED) of the intent to adopt a development regulation or amendment at least sixty (60) days prior to final passage and shall transmit a copy of all passed development regulations to CTED within ten (10) days after adoption.
2. Pursuant to Chapter 43.21C RCW and Chapter 197-11 WAC, the responsible official shall conduct the environmental review at the earliest opportunity in the planning process to investigate any potential environmental impacts of the proposed development regulations or amendments. A decision shall be made and issued pursuant to Division 4 of this title, State Environmental Policy Act (SEPA), prior to adoption of any proposed development regulation or amendment thereof.
3. The designee shall prepare a packet of information for the planning commission’s review of the proposed development regulation or amendment(s) consisting of:
a. A staff report;
b. An environmental checklist;
c. The environmental determination;
d. A map of the affected area (if applicable);
e. Any public or agency comment during review period; and
f. Any other analysis regarding the proposed regulation or amendment.
4. The planning commission shall conduct a public hearing on the proposed development regulation or amendment pursuant to criteria set forth in Section 18.16.190, Notice of public hearing.
5. The city shall notice the public hearing required in Section 18.16.180, notice of application, that is reasonably calculated to provide notice to property owners and other affected and interested individuals, tribes, government agencies, businesses, and organizations. Examples of reasonable notice include:
a. Posting the property for site-specific proposals;
b. Publishing notice in a local newspaper;
c. Notifying private or public individuals or groups requesting notification in certain proposals or types of proposals being considered;
d. Placing notices in appropriate regional, neighborhood, or trade journals as identified by the community development department;
e. Publishing notice in the official newspaper or sending notice to city mailing lists established by the community development department, including general lists or lists for specific proposals or subject areas.
6. Notice of the public hearing shall state when the public may submit written comments on the proposed development regulation; provided, that the public shall be given notice at least ten (10) days prior to the scheduled public hearing to submit written comments to the city.
7. After the planning commission conducts the public hearing, the proposed development regulation/amendment is forwarded to the city council with its recommendation.
8. The city council agenda for the reading of the proposed development regulation shall reflect the full division of the development regulation being reviewed. Errors in exact compliance with this chapter shall not render the development regulation invalid if the spirit of the procedures established by this chapter is observed.
9. After the requirements of this chapter are met, the city council may act upon a proposed development regulation. The city council shall adopt, adopt as modified, reject, or remand the development regulation to the planning commission or community development department for further consideration.
10. State law governs the appeal of a city council decision on a development regulation.
B. Nothing in this section or in this division shall limit the authority of the city council to make changes in districts or zone designations or requirements as part of more extensive revisions of the comprehensive plan or the city of Rainier Development Regulations. Nothing in this chapter shall relieve a use or development from compliance with other applicable laws. (Ord. 548 § 2 (Exh. A) (part), 2007)
18.24.020 Right-of-way vacation.
When a vacation application is specifically for a city street, the procedures for road vacation or street vacation in Chapter 35.79 or 36.87 RCW shall be utilized for the street vacation process. (Ord. 548 § 2 (Exh. A) (part), 2007)
18.24.030 Planned actions.
A planned action pursuant WAC 197-11-164, Planned Actions, does not require a threshold determination or the preparation of an environmental impact statement under Division 4 of this title, State Environmental Policy Act (SEPA), but may be subject to environmental review and mitigation under SEPA.
A. A planned action means one or more types of project actions that are designated planned actions by an ordinance or resolution adopted by the city and have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with either a comprehensive plan or subarea plan adopted under Chapter 36.70A RCW or a fully contained community, a master planned resort, a master planned development or a phased project, and are:
1. Subsequent or implementing projects for the plans, projects or proposals;
2. Located within an urban growth area, as defined in RCW 36.70A.030;
3. Consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW; and
4. Not essential public facilities, as defined in RCW 36.70A.200.
B. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the city and may limit a planned action to a time period identified in the environmental impact statement or in the ordinance or resolution designating the planned action under RCW 36.70A.040.
C. Project review of a planned action shall be used to identify specific project designs and conditions relating to the character of development, such as the details of site plans, building plans, pedestrian and vehicular access and circulation, stormwater drainage plans, the payment of any required impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. (Ord. 548 § 2 (Exh. A) (part), 2007)
18.24.040 Zoning of annexed lands.
A. It is the purpose of this section to provide a procedure to ensure that the initial zoning of annexed territories is in conformance with city goals, policies and plans. This is a Process V action.
B. Whenever the city council shall determine that the best interest and general welfare of the city would be served by annexing territory, the designee will determine if the proposed annexation is within the city’s comprehensive plan urban growth area.
1. If the annexation request is within the comprehensive plan urban growth area, the designee will process the annexation request, prepare a staff report and schedule a planning commission public hearing; or
2. If the proposed annexation request is not within the comprehensive plan urban growth area, the designee will initiate an application for consideration of an update to the comprehensive plan and an application for an initial zoning recommendation.
C. Upon receipt of an annexation application, the planning commission shall hold a public hearing to consider the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and given by publication in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing. Upon completion of the meeting, the planning commission shall transmit a copy of its recommendation of the proposed annexation to the city council for consideration.
1. In addition, the planning commission shall hold a public hearing to consider the initial zoning for the area of the proposed annexation. Notice of the time, place and purpose of such hearing shall be mailed to all property owners in the area to be annexed and those property owners within three hundred (300) feet pursuant to Section 18.16.190, Notice of public hearing.
2. The notice shall be published in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing.
D. Within sixty (60) calendar days of the receipt of the recommendation from the planning commission for the area of the proposed annexation, the city council shall consider the comprehensive plan change necessary to facilitate the annexation at a public meeting. The city council may approve or disapprove the comprehensive plan amendment as submitted, modify and approve as modified, or remand the comprehensive plan amendment back to the planning commission for further proceedings. An affirmative vote of not less than a majority of the total members of the city council shall be required for approval. If the matter is referred back to the planning commission, the council shall specify the time within which the planning commission shall report back to the council with findings and recommendations on the matters referred.
1. Upon receipt of the recommendations of the planning commission for the initial zoning of the area of the proposed annexation, the council shall hold at least two public hearings at least thirty (30) calendar days apart. Notice of the time and place and purpose of such hearing shall be given by publication in a newspaper of general circulation in the city and the area to be annexed, at least ten (10) calendar days prior to the hearing. The ordinance adopting the initial zoning may provide that it will become effective upon the annexation of the area into the city.
2. If annexation occurs prior to adoption of the comprehensive plan amendment update and initial zoning designation, those areas designated and zoned under the authority and land use provisions of Thurston County shall, upon annexation, be assigned as an interim zoning designation until new zoning designations are adopted in conformance with the comprehensive plan. Upon annexation, all prior land use agreements shall be considered binding agreements between the city and the property or business owner(s), as may be appropriate, unless otherwise modified by mutual consent.
3. An electronic copy of any changes to city development regulations or the city’s comprehensive plan shall be forwarded to the Thurston County assessor’s office per RCW 36.70B.230, which states:
By July 31, 1997, a local government planning under RCW 36.70A.040 shall provide to the county assessor a copy of the local government’s comprehensive plan and development regulations in effect on July 1st of that year and shall thereafter provide any amendments to the plan and regulations that were adopted before July 31st of each following year.
(Ord. 548 § 2 (Exh. A) (part), 2007)
18.24.050 Moratoria.
A. Nothing in this division shall prevent the city council from establishing development moratoria or other interim land use regulations upon a finding by the city council that, due to unforeseen circumstances or other emergencies, such a moratorium or temporary regulation is necessary in order to protect the purpose and effectiveness of the city’s comprehensive plan and regulations, pending completion of the procedures necessary to adopt permanent land use controls. Any such moratorium or interim land use regulation shall be effective only for a period of a time necessary to complete adoption of the permanent land use control, which time shall be specified by the city council in the ordinance adopting the moratorium or other temporary regulation.
B. Pursuant to RCW 35.63.200, a council that adopts a moratorium without holding a public hearing on the proposed moratorium shall hold a public hearing on the adopted moratorium within at least sixty (60) days of its adoption, whether or not the council or board received a recommendation on the matter from the planning commission or community development department. If the council does not adopt findings of fact justifying its action before this hearing, then the council shall do so immediately after the required public hearing. A moratorium adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium control may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. (Ord. 548 § 2 (Exh. A) (part), 2007)