Chapter 18.32
COMPREHENSIVE PLAN AMENDMENTS, APPEALS AND VIOLATIONS

Sections:

18.32.010    Comprehensive plan and development regulations defined.

18.32.020    Amendment criteria.

18.32.030    Comprehensive plan amendments.

18.32.040    Amendment timelines.

18.32.050    Interpretation of text.

18.32.060    Interpretation of zoning boundaries.

18.32.070    Application within and outside city limits.

18.32.080    Submittal requirements.

18.32.090    Appeals.

18.32.010 Comprehensive plan and development regulations defined.

A.    For the purpose of this section, the “comprehensive plan” shall be defined as the plan known as “The Joint City of Rainier and Thurston County Comprehensive Growth Management Plan, 2004 Edition,” as updated and amended.

B.    For the purposes of this section, “development regulations” shall be defined as:

1.    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; and

2.    Pursuant to RCW 36.70A.040, development regulations must implement the comprehensive plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.020 Amendment criteria.

The planning commission shall make a recommendation of all proposed annual amendments, and the city council may approve or approve with modifications, an/those amendment(s) to the comprehensive plan if:

A.    There exists obvious technical error in the pertinent comprehensive plan provision; or

B.    The following criteria have been met:

1.    The proposed amendment is consistent with the comprehensive plan and other goals and policies of the city, the Thurston County Planning Policies, the Growth Management Act and other applicable law; and

2.    The proposed amendment addresses circumstances that have changed since the last time the relevant comprehensive plan map or text was considered; and

3.    The proposed amendment addresses the interests and changed needs of the entire city as identified in its long-range planning and policy documents; and

4.    If a site-specific proposed amendment, the subject property shall be suitable for development in general conformance with adjacent land uses and the surrounding development pattern, and with zoning standards under the potential zoning classifications; and

5.    The proposed amendment demonstrates a public benefit and enhances the public health, safety and welfare of the city.

C.    Factors that may be considered during the review of a proposed comprehensive plan amendment include, but are not limited to:

1.    The effect upon the physical environment.

2.    The effect upon the economic environment.

3.    The effect upon the social environment.

4.    The effect upon open space, surface waters, and environmentally sensitive areas.

5.    The effect upon parks of local significance.

6.    The effect upon historic and archeological resources of local significance.

7.    The compatibility with an impact upon adjacent land uses and surrounding neighborhoods.

8.    The adequacy of and impact upon capital facilities, utilities, and public services.

9.    The quantity and location of land planned for the proposed land use type and density.

10.    The current and forecasted population in the area or city.

11.    The effect upon other aspects of the city’s comprehensive plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.030 Comprehensive plan amendments.

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

B.    Selection of Amendments to Be Considered.

1.    Anyone may propose an amendment.

2.    The proposed amendment cycle is between January 1st and December 31st.

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

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

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

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

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

d.    Selection and Consideration of Proposed Amendments.

i.    The community development department will submit all proposed amendments received during the period as adopted in a separate resolution to the planning commission. The planning commission shall make a recommendation to the city council on all proposed amendments for that year. The planning commission may recommend approval, disapproval or recommend a modification to a proposed amendment during the selection process. The planning commission shall hold a public hearing before it makes its recommendation of the proposed amendments. Notice of the hearing shall be given by publication in the city’s official newspaper a minimum of fifteen (15) days before the scheduled hearing.

ii.    The planning commission will make a recommendation of all proposals to the city council based on the following criteria:

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

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

(C)    The proposed amendment is consistent with the goals and regulations of the Growth Management Act; and

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

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

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

iv.    Based on recommendations from the planning commission, the council will consider the merits of each proposed plan amendment for adoption in that year’s adoption process cycle. The council may modify a proposed amendment during the review process. The council’s decision to consider a proposed amendment does not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later council action to add, delete, or modify the amendment.

v.    The proposed amendment shall also be consistent with current general policies in the comprehensive plan for site-specific areas. The amendment must also be consistent with policy implementation in the countywide planning policies, GMA, other state or federal law, or the WAC.

vi.    The amendment may also be the result of the county, state or federal law that requires the change or a decision of a court or administrative agency with authority to direct such a change.

C.    Expansion of the Geographic Scope of Proposal.

1.    Determination of geographic scope of proposal.

2.    Prior to providing public notice pursuant to Section 18.16.190, the city shall establish the geographic scope of the proposal.

3.    In order to allow for consideration of nearby property, similarly situated property or area-wide impacts, the city council or the planning commission may expand the geographic scope of a suggested site-specific amendment. The expansion of the geographic scope of a suggested amendment shall be decided by the city council or planning commission together with consideration of the suggestion during the annual docket adoption.

4.    The city shall consider the following in deciding whether to expand the geographic scope of a suggested amendment:

a.    The effect of the suggested amendment on the planning district or the subarea, or adjacent planning districts or subareas; and

b.    The effect of the suggested amendment on the land use and circulation pattern of the planning district, subarea or city; and

c.    The effect of the suggested amendment on the future development of the planning district, subarea or city.

D.    Review and Actions for Proposed Amendments.

1.    A written analysis for each of the planning commission proposed amendments will be prepared for the council. The analysis will be accompanied by a recommendation that the proposed amendment be approved, denied, or modified and approved.

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

3.    Subsequent to completion of the analysis prepared by the lead department and the SEPA review (if required), the planning commission shall conduct one or more public hearings. The planning commission shall also solicit comments regarding the proposed amendment from the public or from government agencies in any other manner it determines necessary and appropriate to the nature of the proposed amendment and consistent with RCW 36.70A.140. Notification is facilitated pursuant to the provisions of Section 18.16.110, Process IV quasi-judicial procedures. The notice and public hearing for proposed comprehensive plan amendments may be combined with any notice or public hearing for proposed amendments to the comprehensive plan or for other actions of the planning commission. Written comments may be given by anyone to the planning commission regarding proposed plan amendments.

4.    By the date established in Section 18.32.040, Table 18.32-1—Amendment Timelines and Tasks, a comprehensive plan amendment may be approved or approved with modifications; provided, that each amendment shall:

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

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

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

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

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

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

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

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

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

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

6.    Upon adoption of any comprehensive plan amendment, development regulations shall also be amended as necessary to ensure consistency with the comprehensive plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.040 Amendment timelines.

The timelines and tasks below outline the city of Rainier’s annual and major comprehensive plan amendment and review process. Minor amendments to the comprehensive plan shall be considered on an annual basis. To facilitate the comprehensive plan annual amendment and major review process, the following table shall apply:

Table 18.32-1
—Amendment Timelines and Tasks 

Action By

Cut-Off Dates

Comprehensive Plan Amendment Tasks

Any Individual or Agency

1 January—31 December

Applications accepted for comprehensive plan amendments—to be processed beginning in May of the next year

Staff

1—31 January

Compile previous calendar year applications and prepare report for planning commission review

Planning Commission

1—28/29 February

Schedule/hold workshops, public meetings and hearings, collect information, review requested amendments and solicit public comments

Staff

1—31 March

Prepare environmental documents for 60-day agency reviews

Planning Commission

1 June

Complete and forward commission report, all comments, and recommendation to the city council

City Council

1—30 July

Review planning commission report, hold minimum of one public hearing on annual amendments

City Council

1—30 September

Adopt proposed annual comprehensive plan amendments

City Council

December

Request that Thurston County include possible text and map amendments for the next docket cycle

NOTES:

1.    RCW 35.63.060 mandates a major review of the comprehensive plan to occur once every seven years. The next major review cycle shall begin in January 2011.

2.    Annual comprehensive plan amendment applications shall also be processed during the major comprehensive plan review cycle.

3.    The next major comprehensive plan review cycle must be completed by December 1, 2011.

4.    If an above date falls on a weekend, or is a recognized city holiday, the next business day shall be used as the cutoff date for any time period above.

(Ord. 558 § 1, 2008; Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.050 Interpretation of text.

In interpreting and applying the provisions of this division, these provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety or general welfare. Whenever the requirements of this division differ from the requirements of any other laws, ordinances, regulations or codes, the most restrictive shall apply. Regardless of any other provisions of this division, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.060 Interpretation of zoning boundaries.

Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules shall apply:

A.    Where such boundaries are indicated as approximately following the centerline of roads, streets, highways, alleys, railroads or rivers, the centerline shall be construed to be such boundaries.

B.    Where such boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be such boundaries.

C.    In unsubdivided land and where a zone boundary divides an ownership, the location of the boundary, unless the dimensions shown on the map indicate it, shall be determined by the scale measurement. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.070 Application within and outside city limits.

A.    All provisions of this division shall apply within the Rainier urban growth area (as defined in the 2004 Rainier/Thurston County Joint Comprehensive Plan, as amended).

B.    All provisions of the Thurston County Code shall continue to apply within the urban growth area, including but not limited to the Thurston County right to farm, right to practice forestry, and critical area ordinances. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.080 Submittal requirements.

The planning director shall specify the submittal requirements, including type, detail and number of copies, for a comprehensive plan amendment application to be deemed complete and accepted for filing. The planning director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 548 § 2 (Exh. B) (part), 2007)

18.32.090 Appeals.

Procedures to appeal the outcome of comprehensive plan decisions processed pursuant to Section 18.16.110, Process IV quasi-judicial procedures, provided the appellant has legal standing pursuant to Chapter 18.08, Definitions, parties of record. (Ord. 548 § 2 (Exh. B) (part), 2007)