Chapter 20.28


20.28.010    Purpose.

20.28.020    When required.

20.28.030    Review procedures, decision – Level V.

20.28.010 Purpose.

The purpose of Level V procedures is to handle legislative actions on proposals which ordinarily require public hearings before the planning commission and recommendation to the Walla Walla city council.

The purpose of the public hearing for Level V legislative proposals is to invite public participation in the hearing process at the planning commission level for an informed recommendation to the city council. (Ord. 2008-06 § 47, 2008: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 28(part), 1997).

20.28.020 When required.

Level V legislative review is required for:

A. Zoning Code text and Official Zoning Map amendments of general applicability;

B. Subdivision Code amendments;

C. Certain amendments to the Shoreline Master Program regulations and any other planning related regulation as determined by the director to implement the Comprehensive Plan or subarea plan. (Ord. 2008-06 § 48, 2008: Ord. 2000-6 § 2(part), 2000: Ord. 97-14 § 28(part), 1997).

20.28.030 Review procedures, decision – Level V.

The following procedures will be followed for the review of Level V legislative proposals:

A. Approving Authority/Reviewing Body. Final decision on Level V legislative proposals is made by the city council following receipt of a recommendation from the planning commission (reviewing body) after public hearing. The city council does not hold a public hearing on Level V legislative proposals; provided, however, that such legislative proposals and planning commission recommendations shall be open to public review and submission of written comments to the city clerk on or before 5:00 p.m. of the date upon which the city council is first scheduled to consider a proposal. An additional opportunity for review and comment after that time will be provided only when a change is proposed after the opportunity for review and comment has passed. An additional opportunity for public review and comment is not required if:

1. An environmental impact statement has been prepared for the proposal and the change is within the range of alternatives considered in the impact statement;

2. The change is within the scope of alternatives available for public comment;

3. The change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of the proposal without changing its effect;

4. The change relates to a capital budget decision; or

5. The change is to a moratorium or interim control.

B. SEPA Review. All Level V legislative proposals will be reviewed by the department and if SEPA review is required, such review will be conducted by the responsible official in accordance with the provisions of Chapter 20.14 and Title 21 of this code and Chapter 197-11 WAC prior to final approval by the City Council.

C. Reviewing Body Recommendation – City Council Decision. The planning commission shall, following public hearing, forward its recommendation to the city council for consideration and decision. The council shall, at a public meeting, consider the planning commission’s recommendation on the record. The council shall vote to approve, disapprove, or modify the recommendation or refer the matter back to the planning commission for further review. The council may include legislative findings to support its decision. (Ord. 2008-06 § 49, 2008).