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Agenda 09/28/2006 SPOKANE VALLEY PLANNING COMMISSION AGENDA Council Chambers - City Hall 11707 E. Sprague Avenue Sept. 28, 2006 6:00 to 9:00 pm I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES VI. PUBLIC COMMENT VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS New Business — Discussion/Workshop, Proposed Urban Growth Areas *the public hearing for this subject has been postponed until Oct. 12 Public Hearing, Title 17, Uniform Development Code, General Provisions Public Hearing, Title 18, Uniform Development Code, Administrative and Boards Public Hearing, Title 20, Subdivisions Old Business - X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF Gail Kogle, Chair Marina Sukup, AICP Robert Blum, Vice-Chair Greg McCormick, AICP Fred Beaulac Scott Kuhta, AICP John G. Carroll Mike Basinger, AICP David Crosby Cary Driskell, Deputy City Attorney Ian Robertson Deanna Griffith Marcia Sands www.spokanevalley.orq CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 28, 2006 Item: Check all that apply: ❑ consent ❑ old business ❑ new business ® public hearing ® information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: Public Hearing: Spokane Valley Uniform Development Code (UDC) Titles 17 General Provisions, 18 Administration and Boards, 20 Subdivisions GOVERNING LEGISLATION: RCW 36.70, WAC 365-195-800 et seq. PREVIOUS COUNCIL/COMMISSION ACTION TAKEN: The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. BACKGROUND: The City has one year to adopt regulations implementing the Comprehensive Plan. These regulations will be incorporated into the Spokane Valley Uniform Development Code, including a wide range of regulations, some of which the Planning Commission has seen in the past. These regulations are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. The proposed SVUDC will include Titles 17-25 of the Spokane Valley Municipal Code. Although the chapters of each title are extremely important, some are of greater interest to members of the public than others, as was the case with the Comprehensive Plan. The following titles are ready for public hearing and Planning Commission review and recommendation: Title 17 General Provisions Title 18 Administration and Boards Title 20 Subdivision Regulations The Planning Commission has reviewed all three titles on no less than two occasions for information purposes only prior to these public hearings. OPTIONS: Modify, approve and/or provide staff with direction. RECOMMENDED ACTION OR MOTION: Recommend approval of the proposed Title 17 — General Provisions, Title 18 —Administration and Boards and Title 20 — Subdivisions to the City Council BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Public Hearing Draft regulations Public Hearing Draft Title 17 Uniform Development Code Title 17 GENERAL PROVISIONS 17.05 Authority 17.05.010 The City of Spokane Valley (hereafter referred to as "the City") adopts Spokane Valley Municipal Code (SVMC) Titles 17-25 as the City of Spokane Valley Uniform Development Code (UDC) pursuant to RCW 35A.11.020 and RCW 35A.14.140 and further in compliance with RCW 36.70A (the Growth Management Act) and WAC Sections 365-195-800 through 365-195-865. 17.10 Purpose 17.10.010 These regulations have been established in accordance with the Comprehensive Plan for the purpose of promoting the health, safety, general welfare and protection of the environment of the City. They have been designed to reduce traffic congestion; to reduce the threat of fire, panic and other dangers; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; to safeguard community character; to encourage land uses in areas suitable for particular uses; to conserve the value of property; and to encourage the most appropriate use of land throughout the City. 17.15 Application, Violation, and Penalty 17.15.010 All development and use of land within the corporate limits of the City shall conform to all of the requirements of this code, unless specifically exempted herein or by the operation of law. All violations of this title are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. Further, any person who willfully or knowingly causes, aids, or abets a violation pursuant to this article by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or incarceration for a term not to exceed 90 days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. 17.20 Rules of Construction 17.20.010 General All provisions, terms, phrases, and expressions contained in this code shall be construed to implement the intent and meaning of the City Council. Page 1 of 42 Public Hearing Draft Title 17 Uniform Development Code 17.20.020 Specific 1. Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day. Although, if the defined period of time would expire on a Saturday, Sunday, or legal holiday, then the time period is extended until the end of the next day that is not a Saturday, Sunday, or legal holiday. In the computation of time the standard calendar shall be used. The following time-related words shall have the meanings ascribed below. a. "Day" means a calendar day, unless working day is specified. b. "Week" means seven (7) calendar days. c. "Month" means a calendar month. d. "Year" means a calendar year. 2. Conjunctions. Unless the context clearly indicates to the contrary, conjunctions shall be interpreted as follows: a. "And" indicates that all connected items, conditions, provisions or events shall apply. b. "Or" indicates that one or more of the connected items, conditions, provisions or events shall apply. c. "Either ... or" indicates that the connected items, conditions, provisions, or events shall apply singularly but not in combination. 3. Delegation of authority. Whenever a provision appears requiring the head of a department or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the head of the department or other officer to designate, delegate, and authorize subordinates to perform the required act or duty, unless the terms of the provision or section specify otherwise. 4. Non-technical and technical words. Words and phases shall be construed according to the common and approved usage of the language, but technical words and phases and such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning. 5. Number. A word indicating the singular number may extend and be applied to several persons and things. The use of the plural number shall be deemed to include any single person or thing, unless the context clearly indicates the contrary. 6. Public officials, bodies and agencies. All public officials, bodies, and agencies to which reference is made are those of the City, unless otherwise indicated. 7. Shall and may. The word "shall" is always mandatory and not discretionary. The word "may" is permissive. Page 2 of 42 Public Hearing Draft Title 17 Uniform Development Code 8. Tense. Words used in the past or present tense include the future as well as the past or present, unless the context clearly indicates the contrary. 9. Text. In case of any difference of meaning or implication between the text of this code and any illustration or figure, the text shall control. 17.25 Code Interpretation 17.25.010 Interpretation of Development Code Any person may request a formal interpretation of a provision of the development code, zoning map, arterial road map, prior conditions of approval, or prior administrative interpretations. The interpretation shall be made by the Community Development Director (hereafter referred to as "the Director"). The Community Development Department (hereafter referred to as "the Department") shall maintain a file of all written interpretations. 17.25.020 Appeal of Administrative Interpretation This formal interpretation may be appealed pursuant to the provisions of chapter SVMC 17.50 of this code. 17.30 Consistency with Comprehensive Plan 17.30.010 The regulations of this code are intended to implement the City's official Comprehensive Plan, and as such may be amended from time to time. A copy of the plan shall be kept in the office of the City Clerk, and it shall be available for public inspection during regular business hours or on the City's website. Applications for rezoning any land use action shall be consistent with the Comprehensive Plan. 17.35 Severability The sections, paragraphs, sentences, clauses, and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph, or section of this chapter shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this code. 17.40 Permit Processing Procedures 17.40.010 Purpose and Applicability 1. 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: Page 3 of 42 Public Hearing Draft Title 17 Uniform Development Code a. Assure prompt review of development applications; b. Provide for necessary public review and comment on development applications; c. Minimize adverse impacts on surrounding land uses; d. Encourage flexibility and innovation in the design and layout of development proposals; and e. Ensure consistency with the Comprehensive Plan and development regulations. 2. Applicability. This chapter applies to all development applications identified in SVMC. 17.40.020 Types of Development Applications 1. Land Use and development applications will be 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. c. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria. 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 below in SVMC 17.40.040. 17.40.030 Assignment of Development Application Classification 1. Assignment by Table. Land use and development applications shall be classified pursuant to the following table. Table 17.40-1 Type Land Use and Development Application Cross Reference — SVMC Chapter Accessory Dwelling Units 19.110 Administrative Determinations by community development director, public 17.25 works director,or building official. Administrative Exception 19.60 Administrative Interpretation 17.25.010 Boundary Line Adjustments and Eliminations 20.80 Home Profession Permit 19.110 Page 4 of 42 Public Hearing Draft Title 17 Uniform Development Code Type Land Use and Development Application Cross Reference — SVMC Chapter Shoreline Permit Exemption (dock permit) 21.50 Site Plan Review 19.65 Temporary Use Permit 19.800 Time Extensions for preliminary plat,short plat or binding site plan 20.10.060 Floodplain development 21.30 Building Permits not subject to SEPA Grading Permits 24.100 Binding Site Plan—Preliminary and Final 20.60 Binding Site Plan—Change of Conditions 20.60 Wireless Communication Facilities 22.120 Subdivision-Final II Plat Alterations-Final 20.60 SEPA Threshold Determination 21.20 Preliminary Short Plat,Plat,Binding Site Plan—Change of Conditions Short Subdivision—Preliminary and Final 20.20 Conditional Use Permits 19.700 Shoreline Conditional Use Permit 21.50 Shoreline Substantial Development Permit 21.50 III Shoreline Variance 21.50 Subdivisions-Preliminary 20.20 Variance 19.900 Zoning Map Amendments(site specific rezones) 17.40.160 Annual Comprehensive Plan Amendments(text and/or map) 17.40.160 IV Area-wide Zoning Map Amendments 17.40.160 Development Code Text Amendments 17.40.160 2. Assignment by Director: Land use and development applications not defined in SVMC Table17.40-1 above shall be assigned a type by the Director, unless exempt under SVMC 17.40.040. When one or more procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. 17.0.040 Exempt Activities 1. Exemptions. Unless specified elsewhere in this title, the following development activities are exempt from the procedural requirements of this chapter: a. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities. Page 5 of 42 Public Hearing Draft Title 17 Uniform Development Code b. A change of any legally-established use is exempt; unless the change of use requires: i. An increase in the number of parking spaces provided, ii. A conditional use permit under SVMC 19.80, iii. A site plan approval under SVMC 19.65, or iv. Review by SEPA. c. Final subdivisions, short subdivisions, and binding site plans. d. Building permits that are not subject to SEPA. e. On-site utility permits not obtained in conjunction with a specific development application, including but not limited to sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. f. Sign permits. g. Interior remodeling and tenant improvements unless site plan review is required under SVMC 19.65. 2. Other Regulations. Applications exempt under this section remain subject to all other applicable standards and requirements of the SVMC. 17.40.050 Development Application Requirements 1. Application forms. All applications shall be made on forms provided by the Department. The Director shall have authority to modify application materials. 2. Submittal information. All applications shall include the information required in applicable provisions of this code as identified in SVMC Table 17.40-1 and other additional information required by the Department. 3. Fees. Fees as required by SVMC 17.70. 17.40.060 Final Decision Authority The final decision for application type shall be made by: 1. Type I —the Department. 2. Type II —the Department. 3. Type III —the Hearing Examiner. 4. Type IV — the City Council preceded by a recommendation by Planning Commission. Page 6 of 42 Public Hearing Draft Title 17 Uniform Development Code 17.40.070 Required Application Procedures The required procedures for Type I, II, and III applications are set forth in the following table. The specific procedures required for Type IV applications are set forth in SVMC 17.40.140 and 17.40.150. Table 17.40-2 Procedures for Development Applications CD U Q CO CO T Application 8 8 o 0 is o res o o O- o o Type coo E. 8 co 0 0 46„ o YP c c0 C acv T'- a `o Uv `u ° m r 00r- air 0 ar 0 a a) r To'- - or-o - 0-o17 - Z COr Z .0 — ILL m � O X X N/A N/A X II O X X X N/A X III X X X X X X X Required 0 Optional N/A Not Applicable 17.40.080 Pre-Application Conference 1. Purpose. To provide City and other agency 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 SVMC and other laws; and to identify issues and concerns in advance of a formal application. 2. Pre-application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. 3. Pre-application waivers. The director may waive the pre-application conference if determined that the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. 17.40.090 Counter-Complete Determination 1. Determination and Application Content. Prior to accepting an application the Department shall determine whether the application is counter-complete. A counter-complete application shall contain all information requested in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. 2. Incomplete application. If the Department determines that the application is not counter-complete, the application shall be rejected and the applicant advised of the information needed to complete the application. 3. Counter-complete application. Counter-complete applications shall be accepted for review for fully-complete determination. Page 7 of 42 Public Hearing Draft Title 17 Uniform Development Code 17.40.100 Fully-Complete Determination 1. Determination. Once a counter-complete application has been accepted, the Department shall, within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is fully- complete, or if incomplete a list of what is required to make the application complete. The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City will be provided to the applicant. 2. Incomplete application. If the necessary information is not provided by the applicant within 60 days, the Department shall: a. Reject and return the application; or b. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully-complete review process without additional fees provided that the required information is provided by a date specified by the Department. c. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80% of the fees submitted. 3. Fully-complete application. If the Department determines that any application is fully-complete, the Department shall, within 14 calendar days issue a notice of application pursuant to section SVMC 17.40.110. 4. Request for additional information. A fully-complete determination shall not preclude the City from requesting additional information, studies or changes to submitted information or plans if new information is required or substantial changes to the proposal occur. 5. Revocation: An application's fully-complete and vesting status may be revoked if the Department determines that the applicant intentionally submitted false information. 6. Within 14 calendar days after an applicant has submitted additional information identified by the City as necessary for a complete application, the City shall notify the applicant whether the application is complete or what additional information is necessary. 17.40.110 Notice of Application 1. Contents. Within 14 calendar days after an application is determined fully- complete, the Department shall issue a notice of application. a. All notices of applications shall include the following: i. The case file number(s), the date of application, and the date a fully complete application was filed; Page 8 of 42 Public Hearing Draft Title 17 Uniform Development Code ii. 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; iii. The proposed SEPA Threshold Determination, if applicable. iv. The identification of any existing environmental documents that may be used to evaluate the proposed project; v. A statement of the public comment period; 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; vi. 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; vii. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; viii. A map showing the subject property in relation to other properties or a reduced copy of the site plan; ix. 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; x. Any additional information determined appropriate by the Department. b. In addition to the requirements listed in SVMC 17.40.110(1)(a), a Type II notice of application shall state: i. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; •ii. 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; iii. That after the comment period closes; the Department shall issue a Type II notice of decision. c. In addition to the requirements listed in SVMC 17.40.110(1)(a), a Type III application shall state: Page 9 of 42 Public Hearing Draft Title 17 Uniform Development Code i. That a staff report will be available for inspection at least seven 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. 2. Distribution of Notice of Application. The notice of application shall be published in appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: a. The applicant b. All adjacent property owners of record as shown on the most recent property tax assessment roll; c. Any governmental agency entitled to notice; d. Any person filing a written request for a copy of the notice of application. 3. Type I exception. A notice of application is not required for Type I applications. 4. Comment Period. The Department shall allow 14 calendar days for Type II applications and 30 calendar days for Type Ill 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 submit a written response to these comments within 14 calendar days from the date the comments are mailed. The Department in making this decision shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including e-mail communications, submitted by the applicant. 17.40.120 Notice of Public Hearing A public hearing is required for Type Ill applications. 1. Content of Notice of Public Hearing: Notices of public hearing shall contain the following information: a. The application and/or project number; b. Project summary/description of each project permit application; c. The designation of the hearing body; d. 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; e. General project location, vicinity, address, and parcel number(s), if applicable; Page 10 of 42 Public Hearing Draft Title 17 Uniform Development Code f. 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; g. 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; h. A statement regarding the appeal process; and i. The date when the staff report will be available and the place and times where it can be reviewed. 2. Distribution of Notices of Public Hearing: Notices of public hearing shall be mailed, posted, and published at least fifteen (15) days prior to the hearing date and shall be distributed as follows: a. Notice by Mail: All property owners within three hundred (300) feet of the subject property by first class mail. 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 three hundred (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 Assessors/Treasurers database as obtained by the title company no more than thirty (30) calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: i. Agencies with jurisdiction (SEPA); ii. Municipal corporations or organization with which the City has executed an inter-local agreement; and iii. Other persons who the City determines may be affected by the proposed action or who requested such notice in writing. b. Notice by Sign: A sign a minimum of sixteen (16) square feet (4 feet in width by 4 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: i. A minimum of two (2) inch border on the top, sides, and bottom of the sign; ii. The first line in four (4) inch letters shall read "NOTICE OF PUBLIC HEARING"; Page 11 of 42 Public Hearing Draft Title 17 Uniform Development Code iii. Spacing between all lines shall be a minimum of three (3) inches; and iv. The text of the sign shall include the following information in three (3) inch letters: 1. Proposal: 2. Applicant: 3. File Number: 4. Hearing: (date &time) 5. Location: 6. Review Authority: c. Notice by Publication: Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. 17.40.130 Final Decision 1. Timeline to Make Final Decision — Type I. The Department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully-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 60 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. 2. Timeline to Make Final Decision —Type II and III. The final decision on a Type II and Ill application shall be made not more than 120 calendar days (90 days for subdivisions) after the date a fully-complete determination is made. This period shall not include: a. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City. b. Time spent preparing an environmental impact statement. c. Time between submittal and resolution of an appeal. d. Any extension of time mutually agreed upon by the applicant and the City in writing. 3. Contents of Final Decision. The final decision on Type II and 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; Page 12 of 42 Public Hearing Draft Title 17 Uniform Development Code c. The date the decision shall become final, unless appealed; d. A statement that all persons who have standing under SVMC17.50 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 the name and telephone number of the City representative to contact about reviewing the case file; 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 SVMC 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 is mailed. 4. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: a. The applicant; b. Any governmental agency entitled to notice; c. Any person filing a written request for a copy of the notice of application or the final decision and d. 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. 17.40.140 Type IV Applications — Comprehensive Plan Amendments and Area- wide Rezones 1. Initiation. Comprehensive Plan Amendments and Area Wide Rezones may be initiated by any of the following: Page 13 of 42 Public Hearing Draft Title 17 Uniform Development Code a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association, or other party; or c. The Department, Planning Commission, or City Council. 2. Applications. Applications shall be made on forms provide by the City. 3. Application Submittal: a. Applicant initiated: Comprehensive Plan Amendments and Area-Wide Rezones shall be subject to a pre-application conference, counter- complete, and fully-complete determinations pursuant to SVMC 17.40.080, 090, and 100. The date upon fully-complete determination shall be the date of registration with the Department. b. Non-applicant initiated: After submittal of a non-applicant initiated application, the application shall be placed on the register. 4. Register of Comprehensive Plan Amendments and Area-wide Rezones. The Department shall establish and maintain a register of all applications. 5. Concurrent and Annual Review of Register. a. Sixty (60) days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: i. Notice published in an appropriate regional or neighborhood newspaper or trade journal; ii. Notice posted on all City's official public notice boards; iii. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. b. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year, shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. c. 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). 6. Notice of Public Hearing. Comprehensive Plan Amendments and Area-Wide Rezones require a public hearing before the Planning Commission. Page 14 of 42 Public Hearing Draft Title 17 Uniform Development Code a. Contents of Notice. A notice of public hearing shall include the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; ii. A statement of how the proposal would change the affected provision; iii. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; iv. The date, time, and place of the public hearing; v. A statement of the availability of the official file; and vi. A statement of the right of any person to submit written comments to the Planning Commission and to appear at the public hearing of the Planning Commission to give oral comments on the proposal. b. Distribution of Notice. The Department shall distribute the notice pursuant to SVMC 17.40.120(2). 7. Planning Commission Recommendation. a. Procedure. Following the public hearing, the Planning Commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the City Council. The Planning Commission shall take one of the following actions: i. If the Planning Commission determines that the proposal should be adopted, it may by a majority vote, recommend that the City Council adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the Planning Commission must conduct a public hearing on the modified proposal. ii. If the Planning Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal. iii. If the Planning Commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent to City Council with the notation that the Planning Commission makes no recommendation. Page 15 of 42 Public Hearing Draft Title 17 Uniform Development Code 8. Approval Criteria a. The City may approve Comprehensive Plan Amendments and Area- Wide Zone Map Amendments if it finds that: i. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; ii. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; iii. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; iv. The proposed amendment corrects an obvious mapping error; and v. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. b. The City must also consider the following factors prior to approving Comprehensive Plan Amendments: i. The effect upon the physical environment; ii. The effect on open space, streams, rivers, and lakes; iii. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; iv. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; v. The benefit to the neighborhood, City, and region; vi. The quantity and location of land planned for the proposed land use type and density and the demand for such land; vii. The current and project population density in the area; and viii. The effect upon other aspects of the Comprehensive Plan. 9. City Council Action. Within sixty (60) days of receipt of the Planning Commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The Department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). All Page 16 of 42 Public Hearing Draft Title 17 Uniform Development Code annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the City Council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If the modification is substantial, the council must either conduct a public hearing on the modified proposal; or d. Refer the proposal back to the Planning Commission for further consideration. 10. Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.150 Type IV Applications — Text Amendments to the Uniform Development Code 1. Initiation. Text amendments to this code may be initiated by any of the following: a. Property owner(s) or their representatives; b. Any citizen, agency, neighborhood association, or other party; or c. The Department, Planning Commission, or City Council. 2. Applications. Applications shall be made on forms provided by the City. 3. Application Submittal: a. After submittal of an applicant initiated application, the application shall be subject to a pre-application conference, counter-complete, and fully- complete determination pursuant to SVMC 17.40.080, 090, and 100. b. After submittal, the application shall be placed on the next available Planning Commission agenda. 4. Notice of Public Hearing. Amendments to this code require a public hearing before the Planning Commission. a. Contents of Notice. A notice of public hearing shall including the following: i. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; Page 17 of 42 Public Hearing Draft Title 17 Uniform Development Code ii. A statement of how the proposal would change the affected provision; iii. The date, time, and place of the public hearing; iv. A statement of the availability of the official file; and v. A statement of the right of any person to submit written comments to the Planning Commission and to appear at the public hearing of the Planning Commission to give oral comments on the proposal. b. Distribution of Notice. The Department shall distribute the notice pursuant to SVMC 17.40.120(2). 5. Planning Commission Recommendation. a. Procedure. Following the public hearing, the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council. The Planning Commission shall take one of the following actions: i. If the Planning Commission determines that the proposal should be adopted, it may by a majority vote, recommend that the City Council adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the Planning Commission must conduct a public hearing on the modified proposal ii. If the Planning Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal. iii. If the Planning Commission is unable to take either of the actions specified in subsections (i) or (ii) above, the proposal will be sent to City Council with the notation that the Planning Commission makes no recommendation. 6. Approval Criteria. The City may approve amendments to this code if it finds that: a. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. 7. City Council Action. Within sixty (60) days of receipt of the Planning Commission's findings and recommendations, the City Council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The Page 18 of 42 Public Hearing Draft Title 17 Uniform Development Code Department shall distribute notice of the council's public hearing pursuant to SVMC 17.40.120(2). By a majority vote, the City Council shall: a. Approve the application; b. Disapprove the application; c. Modify the application. If modification is substantial, the Council must either conduct a public hearing on the modified proposal; or; d. Refer the proposal back to the Planning Commission for further consideration. 8. Transmittal to the State of Washington. At least 60 (sixty) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the 60 (sixty) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. 17.40.160 Optional Consolidated Review Process 1. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process; but public meetings and hearings for other agencies may be coordinated with those of the City. Where multiple approvals are required for a single project, the optional consolidated review process is composed of the following: a. Pre-application Meeting. A single pre-application meeting will be conducted for all applications submitted under the optional consolidated review process. b. Determination of Completeness. When a consolidated application is deemed complete a consolidated determination of completeness will be made pursuant to SVMC 17.40.100. c. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.40.110. d. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. e. The City will issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open-record appeal hearing before the Hearing Examiner on the same agenda as the companion Type III application. Page 19 of 42 Public Hearing Draft Title 17 Uniform Development Code f. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice will include the Type Ill permit to be heard and any open record appeals of administrative portions of the consolidated application. g. Notice of Decision. The Hearing Examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type Ill project permit applications subject to a public hearing. 17.50 Appeals 17.50.010 General 1. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in SVMC Table 17.50-1 below. Specific procedures followed by the Planning Commission, Hearing Examiner, and City Council are set forth in Appendix B. Table 17.50-1 Decision/Appeal Authority Land Use and Development Decisions Appeal Authority Type I and II Decisions Hearing Examiner (SVMC 17.50.030); further appeal to Superior Court(RCW 36.70C) Building Permits Hearing Examiner (SVMC 17.50.030); further appeal to Superior Court(RCW 36.70C) Type III decisions except zoning map Superior Court(RCW 36.70C) amendments Type III zoning map amendments City Council (SVMC 17.50.060);further appeal to Superior Court(RCW 36.70C) Type IV decisions Superior Court Matters subject to review pursuant to Growth management hearing board RCW 36.70A.020 Shoreline development permits Shoreline Hearings Board(RCW 90.58.180) Compliance and enforcement decisions Appeal Authority: (SVMC 17.60): Notice and order of violation Hearing Examiner (SVMC 17.50.030); further appeal to Superior Court 17.50.020 Effective Date of Final Decisions 1. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the Department, the Type I decision is considered final on the day it is signed by the Director or designee or on the day the waiver is approved, whichever is later, unless a party other than the applicant owner has standing to appeal. Page 20 of 42 Public Hearing Draft Title 17 Uniform Development Code 2. Type II, Ill, and IV final decisions become effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of SVMC 17.50 shall apply. 17.50.030 Standing 1. Type I decision. The following parties have standing to appeal a Type I decision: a. The applicant and the owner of the property to whom the decision is directed; and b. The adjacent property owners whose interest are a required part of the application approval. 2. Type II decision. The following parties have standing to appeal a Type II decision: a. The applicant and owner of the property to whom the decision is directed; b. Any party for whom written notice is required; c. Any other party who participates in the decision process through the submittal of substantive written comments. 3. Type III decision. The following parties have standing to appeal a Type III decision: a. The applicant and the owner of the property to whom the decision is directed; b. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected within the meaning of these rules only when all of the following conditions are present: i. The decision has prejudiced or is likely to prejudice that person; ii. That person's asserted interests are among those that the Hearing Examiner was required to consider when the decision was made; iii. A reversal or modification of the decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and iv. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below. A "party of record" means a person who appeared at the public hearing held by the Hearing Examiner, or who submitted substantive written comments in the matter prior to the closing of the record for the hearing. Page 21 of 42 Public Hearing Draft Title 17 Uniform Development Code c. The Director. 4. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allowed by law. 5. Compliance and enforcement decisions. The following parties have standing to appeal a compliance and enforcement decision: a. The party or owner of property subject to an appeal. b. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. 17.50.040 Time for and Contents of an Appeal to the Hearing Examiner 1. Appeal to Hearing Examiner. Any appeal to the Hearing Examiner must be received no later than 14 calendar days after written notice of the decision is mailed. Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: a. The case number designated by the City and the name of the applicant; b. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under this chapter. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative; c. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; d. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; and e. The appeal fee as identified in SVMC 17.70. The fee may be refunded either wholly or partially only if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date. 17.50.050 Appeal Review Process for Hearing Examiner 1. Appeal Review Process. a. All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the Hearing Examiner within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the Department. Page 22 of 42 Public Hearing Draft Title 17 Uniform Development Code b. Notice of the appeal hearing shall be mailed to the applicant and the appellant, if different than the applicant. 17.50.060 Hearing Examiner Appeal Hearing Procedures 1. Hearing Procedures. All appeals to the Hearing Examiner shall be conducted in the manner set forth in Appendix B. 2. Scheduling of Hearings. a. The Department, in coordination with the Hearing Examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits set forth in RCW 36.706.110. b. When practical, minor applications such as a variance or matters that take less time shall be heard at the beginning of the day's agenda. c. The Hearing Examiner may consolidate applications involving the same or related properties for hearing. 3. Notice of Hearing-Effect of Notice. a. Each public notice required for the hearing of an application shall conform to applicable statutory and ordinance requirements. The notice should contain a statement that the hearing will be conducted in the manner set forth in Appendix B. b. Failure of a person entitled to notice to receive notice does not affect the jurisdiction of the Hearing Examiner to hear the application when scheduled and render a decision, if the notice was properly mailed and posted. c. A person is deemed to have received notice if the person appears at the hearing, or submits written comments on the merits of the application, and the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. d. If required notice is not given and actual notice is not received, the Hearing Examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. 4. Staff Reports on Applications a. The 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 on all applications. b. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of the Hearing Examiner and mailed by first class mail or provided to the applicant. At Page 23 of 42 Public Hearing Draft Title 17 Uniform Development Code such time, the Department shall also make the report available for public inspection. Upon request, the Department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. c. If the staff report is not timely filed or furnished, the Hearing Examiner may at his\her discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. d. The Hearing Examiner may make recommendations to the Department on the format and content of staff reports submitted to the Hearing Examiner. 5. Site Inspections. a. The Hearing Examiner may make site inspections, which may occur at any time after the staff report on an application has been filed with the Hearing Examiner and before the examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make an inspection. b. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the Hearing Examiner may upon notice to all parties of record request written response to such information or reopen the hearing to consider the information. 17.50.070 Time for and contents of an Appeal to the City Council All appeals to the City Council shall be closed record appeals and shall follow the procedures and conduct as set forth below: 1. Appeals of the Hearing Examiner's decision to the City Council must be: a. Filed with the City Clerk within fourteen (14) calendar days from the date the final decision of the Hearing Examiner was mailed; b. Accompanied by the appeal fee identified by SVMC 17.70; c. Accompanied by the separate transcript/record deposit fee identified by SVMC 17.70; and d. Submitted on a form obtained from the City Clerk. 2. The appeal form submitted by the appellant shall contain the following information: a. The file number and a copy of the decision; Page 24 of 42 Public Hearing Draft Title 17 Uniform Development Code b. The name and mailing address of the appellant, the name and mailing address of the appellant's attorney, if any, and the name of the applicant if different than the appellant; c. Facts demonstrating that the appellant has standing to appeal; d. A separate and concise statement of each error alleged to have been committed; e. A separate and concise statement of facts upon which the appellant relies to sustain the statement of error; and f. A request for relief, specifying the type and extent of relief requested. 3. Upon receipt of the written appeal form and payment of the appeal fee, the City Clerk shall forward a copy of the appeal and the transcript/record deposit fee to the Hearing Examiner. 4. The appeal shall be dismissed by the City Council if: a. It is filed by a person without standing to appeal; b. The City Council does not have jurisdiction to hear the appeal; c. It is not timely filed; d. The appeal fee or the transcript/record deposit fee was not timely paid; e. The appellant failed to timely pay the costs incurred by the Hearing Examiner in preparing the verbatim transcript and certified record, after being billed for such costs; or f. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within fifteen (15) calendar days from the filing date of the appeal, except for a dismissal under item (4)(e), above. The City Council may dismiss an appeal under item (4)(e), above, upon receiving written notification from the Hearing Examiner that the appellant failed to timely pay the costs incurred by the Hearing Examiner for the appeal after being billed for such costs. 5. The Hearing Examiner shall have thirty (30) calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The City Council may authorize a longer time, at the Hearing Examiner's request, for unusually large records or transcripts. a. If the Hearing Examiner, the appellant, and the applicant (if different than the appellant), agree, or upon order of the City Council, the verbatim transcript and/or record may be shortened or summarized to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the issues raised by the appeal. Page 25 of 42 Public Hearing Draft Title 17 Uniform Development Code b. Upon completion of the transcript and record, the examiner shall bill the appellant for all costs incurred by the Hearing Examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven (7) calendar days from the date the bill was mailed or provided to the appellant. c. Upon the appellant's payment of the bill for the cost of the transcript and record, the Hearing Examiner shall, by the next business day, deliver a copy of the appeal, verbatim transcript, and certified record to the City Clerk. The Hearing Examiner shall also provide to the City Clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the Hearing Examiner. d. The City Clerk will furnish copies of the transcript and record to the applicant, if different than the appellant, all members of the City Council, and the City Attorney. The Hearing Examiner, upon request, will furnish copies of the transcript and record to the appellant, the applicant (if the same as the appellant), and other entities that may request one at the cost of reproduction. e. If the City Council dismisses the appeal on procedural grounds, the appellant shall reimburse the Hearing Examiner for the balance of the costs incurred by the Hearing Examiner in preparing the transcript and record as of the date of the dismissal, if any. 17.50.080 Appeal Review Process for City Council 1. The City Council, at its next regular meeting following receipt of the transcript and record from the Hearing Examiner, will schedule a closed record hearing on the appeal. a. The City Council shall schedule the appeal hearing no sooner than thirty (30) calendar days from the date the transcript and record were received from the Hearing Examiner. b. The City Council may approve a later hearing date upon agreement of the applicant. c. The appellant, or a party of record in opposition to the appeal, may provide input as to the hearing date only in person at the meeting, or by submitting a letter to the City Clerk prior to the meeting. d. The City Clerk shall mail notice of the time, place and date of the hearing to the appellant, the applicant (if different than the appellant), and all parties of record to the hearing before the Hearing Examiner within five (5) calendar days from the date the appeal hearing was scheduled. e. Closed record appeals before the City Council shall be concluded within sixty (60) days from the date the transcript and record are received by the City Clerk, unless the applicant agrees in writing to a longer period. Page 26 of 42 Public Hearing Draft Title 17 Uniform Development Code 17.50.090 City Council Appeal Hearing Procedures All appeals to the City Council shall be conducted in the manner set in Appendix B. 17.60 Compliance and Enforcement 17.60.010 Purpose and Scope This chapter sets forth the enforcement procedures for violations of the following: 1. Nuisances (SVMC 7.05) 2. Violations of any provisions of the Uniform Development Code (SVMC Titles 17- 25) 17.60.030 Relationship to Growth Management Act This article is adopted as development regulations pursuant to Chapter 36.70A RCW (Growth Management Act). 17.60.040 Enforcement, Authority, and Administration 1. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations or reliable complaints, determine that violations of this title have occurred or are occurring, and may: a. Enter into voluntary compliance agreements with persons responsible for code violations; b. Issue notice and orders, assess civil penalties, and recover costs as authorized by this article; c. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this article; d. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this article; e. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this article; f. Suspend, revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this article when other efforts to achieve compliance have failed; and Page 27 of 42 Public Hearing Draft Title 17 Uniform Development Code g. Forward a written statement providing all relevant information relating to the violation to the office of the City Attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. 2. The procedures set forth in this article are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authorized by law. 3. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. 4. In addition to, or as an alternative to, utilizing the procedures set forth in this article, the City may assess or recover civil penalties accruing under this article by legal action filed in Spokane County district court by the office of the City Attorney. 5. The provisions of this article shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this article from any person causing such violation. 6. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. 7. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this article. It is the intent of the City Council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this article shall not supersede those legal constraints. 8. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement. 17.60.050 Guidelines for Departmental Responses to Complaints City representatives are authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the City determines a complaint is not reliable, the City is not obligated to conduct a field investigation. Page 28 of 42 Public Hearing Draft Title 17 Uniform Development Code 17.60.060 Procedures when Probable Violation is Identified 1. The City shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents, and data systems for tracking violations and applicable City codes and regulations, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. 2. Except as provided in subsection 4 of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this article. Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be re-inspected within 14 days. 3. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation. 4. Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. 5. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. 6. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 15 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. 17.60.070 Service— Notice and Order and Stop Work Order 1. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: a. Personal service of a notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; b. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the Page 29 of 42 Public Hearing Draft Title 17 Uniform Development Code property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; or c. Service by mail may be made for a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail. 2. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. 3. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this article. 4. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. 17.60.80 Training and Rulemaking The City shall adopt procedures to implement the provisions of this article, and specifically the guidelines set out in this article describing reasonable and appropriate protocols for investigating code violations. 17.60.090 Obligations of Persons Responsible for Code Violation 1. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, applications for permits, acknowledgement of stop work orders, and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. 2. Persons determined to be responsible for a code violation pursuant to a notice and order shall be liable for the payment of any civil penalties and abatement costs; provided, however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on Page 30 of 42 Public Hearing Draft Title 17 Uniform Development Code the owner's behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the City, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 17.60.100 Determination of Compliance After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order, as well as the complainant, by certified mail, five-day return receipt requested. 17.60A10 Voluntary Compliance Agreement—Authority 1. Whenever the City determines that a code violation has occurred or is occurring, the City shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the City may enter into a voluntary compliance agreement as provided for in this article. 2. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice and order, or a stop work order and before an appeal is decided. 3. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. 4. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the City. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the City if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the authorized representative of the City and person(s) who signed the original voluntary compliance agreement. 5. The voluntary compliance agreement is not a settlement agreement. 17.60.120 Voluntary Compliance Agreement— Contents The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such person(s) agrees to abate the violation, Page 31 of 42 Public Hearing Draft Title 17 Uniform Development Code remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provision(s) of the ordinance, resolution or regulation which has been violated; 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; 6. An acknowledgement that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice and order or stop work order, impose any remedy authorized by this article, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation; 7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation; 8. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation; and 9. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. 17.60.130 Failure to Meet Terms of Voluntary Compliance Agreement 1. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the City may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this article, plus all costs incurred by the City to pursue Page 32 of 42 Public Hearing Draft Title 17 Uniform Development Code code compliance and to abate the violation, and may be subject to other remedies authorized by this article. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. 2. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. 17.60.140 Notice and Order—Authority When the City has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within 30 days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this article. 17.60.150 Notice and Order— Effect 1. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. 2. The City is authorized to impose civil penalties upon a determination by the City that a violation has occurred pursuant to a notice and order. 3. Issuance of a notice and order in no way limits the City's authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this article. 17.60.160 Notice and Order— Contents The notice and order shall contain the following information: 1. The address, when available, or location of the violation; 2. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; 3. A statement that the City has found the named person(s) to have committed a violation and a brief description of the violation(s) found; Page 33 of 42 Public Hearing Draft Title 17 Uniform Development Code 4. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated; 5. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within 20 days of service of the notice and order; 6. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; 7. A statement that payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article; 8. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; 9. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; 10. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; 11. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within 20 days of the date of service of the notice and order; 12. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; 13. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; 14. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and 15. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution. Page 34 of 42 Public Hearing Draft Title 17 Uniform Development Code 17.60.170 Notice and Order—Supplementation, Revocation, Modification 1. The City may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this article. 2. The City may issue a supplemental notice and order, or revoke a notice and order issued under this article: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 17.60.180 Notice and Order—Administrative Conference An informal administrative conference may be conducted by the City at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 17.60.190 Notice and Order— Remedies —Suspension, Revocation, or Limitation of Permit 1. The City may suspend, revoke, or modify any permit issued by the City whenever: a. The permit holder has committed a violation in the course of performing activities subject to that permit; b. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit; 2. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 3. Permit fees or costs were paid to the City by check and returned from a financial institution marked non-sufficient funds (NSF) or canceled; or 4. For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. a. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this article and shall be effective upon the compliance date established by the notice and order. Such Page 35 of 42 Public Hearing Draft Title 17 Uniform Development Code suspension, revocation, or modification may be appealed to the Hearing Examiner using the appeal provisions of this article. 5. Notwithstanding any other provision of this article, the City may immediately suspend operations under any permit by issuing a stop work order. 17.60.200 Notice and Order— Remedies — Denial of Permit 1. The City may deny a permit when, with regard to the site or project for which the permit is submitted: a. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation, or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or b. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, resolution, regulation, or public rule. 2. In order to further the remedial purposes of this article, such denial may continue until the violation is cured by restoration, accepted as complete by the City, and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. 17.60.210 Notice and Order— Remedies —Abatement In addition to, or as an alternative to, any other judicial or administrative remedy, the City may use the notice and order provisions of this article to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the City determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the City may seek a judicial abatement order pursuant to this article. 17.60.220 Stop Work Order—Authority The City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. 17.60.230 Stop Work Order— Effect 1. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease. Page 36 of 42 Public Hearing Draft Title 17 Uniform Development Code 2. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. 3. A stop work order may be appealed according to the procedures prescribed in this article. 4. Failure to appeal the stop work order within 20 days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. 5. A stop work order may be enforced by the City police. 17.60.240 Stop Work Order— Remedy—Civil Penalties 1. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in SVMC 17.60.260. 2. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated and shall cease accruing on the day the work is actually stopped. 3. Violation of a stop work order shall be a separate violation from any other code violation. 17.60.250 Stop Work Order— Remedy—Criminal Penalties In addition to any other judicial or administrative remedy, the City may forward to the office of City Attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. 17.60.260 Civil Penalties —Assessment Schedule 1. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice and order, or stop work order, pursuant to the following schedule: a. Notice and orders and stop work orders: b. Basic initial penalty: $500.00 2. Additional initial penalties may be added where there is: a. Public health risk—amount depends on severity: $0—2,500 b. Environmental damage—amount depends on severity: $0—2,500 c. Damage to property— amount depends on severity: $0—2,500 Page 37 of 42 Public Hearing Draft Title 17 Uniform Development Code d. History of similar violations (less than three): $500 e. History of similar violations (three or more): $2,500 f. Economic benefit to person responsible for violation: $5,000 3. The above penalties may be offset by the following compliance: a. Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations: $0— 1,500.00 b. Full compliance with a voluntary compliance agreement and a history of two or more prior similar violations: $0—500.00 4. The total initial penalties assessed for notice and orders and stop work orders pursuant to this article shall apply for the first 30-day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. 5. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this article does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this article. 6. The City may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement. 7. Civil penalties assessed create a joint and several personal obligations in all persons responsible for a code violation. 8. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this article if the violation was reasonably related to the real property. Any such lien can be filed under this article if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order (excluding any appeal) and any civil penalties remain unpaid in whole or in part. 17.60.270 Civil Penalties— Duty to Comply Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person Page 38 of 42 Public Hearing Draft Title 17 Uniform Development Code responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. 17.60.280 Civil Penalties —Community Service The City is authorized to allow a person responsible for a code violation that accumulates civil penalties as a result of a notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in an approved community service project(s) in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration, or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The City shall take into consideration the severity of the violation, any history of previous violations, and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 17.60.290 Civil Penalties —Waivers 1. Civil penalties may be waived or reimbursed to the payer by the City under the following circumstances: a. The notice and order or stop work order was issued in error; b. The civil penalties were assessed in error; c. Notice failed to reach the property owner due to unusual circumstances; or d. New, material information warranting waiver has been presented to the City since the notice and order or stop work order was issued. 2. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 17.60.300 Civil Penalties— Critical Areas 1. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of Chapter 36.70A RCW (the Growth Management Act), and to further the remedial purposes of this article. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action. 2. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law for other related violations. Page 39 of 42 Public Hearing Draft Title 17 Uniform Development Code 3. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this article, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. 4. Violation of critical area provisions of this code means: a. The violation of any provision of SVMC 21.40 Critical Areas, or of the administrative rules promulgated there under; b. The failure to obtain a permit required for work in a critical area; or c. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above-mentioned provisions. 5. Any person in violation of SVMC 21.40 Critical Areas may be subject to civil penalties, costs, and fees as follows: a. According to the civil penalty schedule under SVMC 17.60.260; provided, that the exact amount of the penalty per violation shall be determined by the City based on the physical extent and severity of the violation; or b. The greater of: i. An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of: 1. The resulting increase in market value of the property; 2. The value received by the person responsible for a violation; 3. The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of SVMC 21.40 Critical Areas; or ii. Code compliance costs incurred by the City to enforce SVMC 21.40 Critical Areas. 17.60.310 Cost Recovery 1. In addition to the other remedies available under this article, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: Page 40 of 42 Public Hearing Draft Title 17 Uniform Development Code a. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this article as may be allowed by law; and b. Administrative Personnel Costs. For purposes of this section, "administrative personnel costs" shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of this article; and c. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this article. Upon completion of any abatement work, the City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and d. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. 2. Such costs are due and payable 30 days from mailing of the invoice. 3. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligations in all persons responsible for a violation. The office of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. 4. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this article, file for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this article if the violation was reasonably related to the real property, in accordance with any lien provisions authorized by state law. 5. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City may cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. 17.60.320 Collection of Civil Penalties, Fees, and Costs The City may use the services of a collection agency in order to collect any civil penalties, fees, costs, and/or interest owing under this article. Page 41 of 42 Public Hearing Draft Title 17 Uniform Development Code 17.60.330 Abatement 1. Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. 2. Judicial Abatement. The City may seek a judicial abatement order from Spokane County superior court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance. 3. The City shall seek to recover the costs of abatement as authorized by this chapter. 17.60.340 Code Compliance Abatement Fund —Authorized All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. 17.60.350 Judicial Enforcement— Petition for Enforcement 1. In addition to any other judicial or administrative remedy, the office of the City Attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County superior court. 2. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. 3. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. 17.70 Fees and Penalties 17.70.010 Master Fee Schedule All fees and penalties for development permits, formal interpretations, violations of provisions of this development code or allowed appeals shall be set forth in the City of Spokane Valley Master Fee Schedule. A copy of this schedule shall be available at the Community Development Department. Page 42 of 42 Public Hearing Draft Title 18, Uniform Development Code Title 18 Boards and Authorities 18.10 Planning Commission 18.10.010 Establishment and purpose There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. 18.10.020 Membership 1. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. 2. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning Commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. 3. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three- year period, and shall expire on the thirty-first day of December. 4. Removal. Members of the commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the Planning Commission shall be final and without appeal. 5. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. 6. Conflicts of Interest. Members of the Planning Commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the Planning Commission. 18.10.030 Meetings — Rules 1. The Planning Commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. Page 1 of 4 Public Hearing Draft Title 18, Uniform Development Code 2. The commission shall determine a regular meeting schedule (time, place and frequency) and shall meet at least one time every month. All meetings shall be open to the public. 3. The commission shall adopt such rules and procedures as are necessary for the conduct of business and shall keep a recording of its proceedings. 4. All hearings before the Planning Commission shall be conducted in the manner set forth in Appendix B. 18.10.040 Staff support Administrative staff support to the Planning Commission shall be provided by the City's Community Development Department (hereafter referred to as the "Department"). In addition, the Commission, through its chair, may request formal opinions or memorandums from the City Attorney or Community Development Director (hereafter referred to as the "Director") on any pending matter. 18.10.050 Duties and responsibilities The Planning Commission, as an advisory body to the City Council, shall perform and have the following duties and responsibilities: 1. Assist in the preparation of a comprehensive plan and development regulations in compliance with Chapters 36.07A and 35A.63 RCW, including the establishment of procedures for early and continuous public participation in the development and amendment of the comprehensive plan and the development regulations; 2. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; 3. Upon request from the City Manager or City Council, review potential annexations to the City; 4. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff; 5. Identify issues and recommend priorities for geographic sub-areas including park and open space areas in the City; 6. Meet and confer with the Hearing Examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; 7. Make periodic written and oral reports to the City Council addressing work in progress and other significant matters relating to the City; 8. Hold public hearings in the exercise of duties and responsibilities; 9. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the City Council. Unless otherwise assumed by the City Council, the Planning Commission shall hold all public hearings required to be held in the course of adoption or amendment to the comprehensive plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. Page 2 of 4 Public Hearing Draft Title 18, Uniform Development Code 18.20 Hearing Examiner 18.20.010 Authority The Hearing Examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.706.120(3) and chapter 58.17 et seq, and SVMC 2.56. 18.20.020 Powers and Duties The Hearing Examiner shall have the following powers and duties: 1. The Hearing Examiner will receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. a. The Hearing Examiner shall hear the following matters: i. Applications for variances; ii. Conditional use permits; iii. Special use permits; iv. Shoreline Permits, when a public hearing is required; v. Preliminary plats; vi. Appeals from any administrative decision of the department of community development or the building official in the administration or enforcement of the Spokane Valley Uniform Development Code or other land use code or regulation; vii. Appeals on State Environmental Policy Act (SEPA) determinations. viii. Site specific zone changes of property, including any environmental determination (under SEPA); ix. Planned unit developments, including any environmental determination (under SEPA); and x. Any other applications or appeals that the City Council may refer by motion or ordinance, specifically declaring that the decision of the Hearing Examiner can be appealed to the City Council. b. All hearings before the Hearing Examiner shall be conducted in the manner set forth in Appendix B. c. Appeals of any decision of the Hearing Examiner shall be as is set forth in SVMC 17.50. 18.30 Community Development Director 18.30.010 The Community Development Director shall have the following responsibilities: 1. To advise the Planning Commission and the City Council concerning matters related to planning and the administration of SVMC Titles 17 through 25, (Uniform Development Code(UDC)); 2. To implement the provisions of the UDC in conformance with the directives of the City Council and the UDC; Page 3 of 4 Public Hearing Draft Title 18, Uniform Development Code 3. To regularly update the comprehensive plan and official zoning map; 4. To make recommendations concerning proposed changes and amendments to zoning regulations and the official zoning map; and 5. To review site plans for conformance with the requirements of the UDC. 18.40 Building Official 18.40.010 The Building Official shall have the following responsibilities: 1. To review all plans for construction for conformance with the UDC and to administer the provisions of building codes adopted by the City Council; 2. To make recommendations concerning amendments to the adopted Building Codes; 3. To enforce the provisions of SVMC Title 24— Building Codes. 4. To enforce the provisions of nuisance ordinances in conformance with the requirements of SVMC 7.05. 18.50 Public Works Director 18.50.010 The Public Works Director shall have the following responsibilities: 1. To review all street and drainage construction plans for conformance with the UDC and to administer the civil engineering construction codes adopted by the City Council; 2. To advise the Planning Commission and the City Council concerning matters related to the administration of the civil engineering provisions of the UDC; 3. To regularly update the Street and Utility Design Standards and the Regional Stormwater Design Standards; 4. To review site plans for conformance with the civil engineering requirements of the UDC. 5. To oversee the construction of public infrastructure for conformance with the civil engineering provisions of the UDC. Page 4 of 4 Public Hearing Draft Title 20, Uniform Development Code Title 20 — Subdivision Regulations 20.05 Authority. This title is established in accordance with Revised Code of Washington (RCW) Chapter 58.17 which authorizes cities to administer the process for the division of land. 20.10 General Provisions. 20.10.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, the regulations included contained in this title are necessary to: 1. Promote the health, safety, and general welfare in accordance with standards established by the State and the City; 2. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services; 3. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivision with existing and planned streets in the surrounding community; 4. Provide for adequate light and air; 5. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; 6. Provide for proper ingress and egress; 7. Provide for housing and commercial needs of the community; 8. Require uniform monumentation of land divisions and conveyance of accurate legal descriptions; 9. Protect environmentally sensitive areas; 10. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas; 11. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and 12. To provide a process for the division of land for the following: a) Short subdivision: the division of land into nine (9) or fewer lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area. b) Subdivision: the division of land into ten (10) or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lots may have on the surrounding area. c) Binding site plan: An alternative method of dividing property interests and applying to the division of any land for sale or lease which is zoned for Page 1 of 15 Public Hearing Draft Title 20, Uniform Development Code commercial, business, office, or industrial development, or which is to be developed as condominiums or a manufactured home park. 20.10.020 Exemptions. The provisions of this title shall not apply to: 1. Cemeteries and other burial plots while used for that purpose (RCW 58.18.040 (1)); 2. Divisions made by testamentary provisions, or laws of descent (RCW 58.17.040 (3)); 3. Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either RCW 64.32 (Horizontal Regimes Act) or RCW 64.34 (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58.17.040 (7)); 4. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain; and 5. Divisions or acquisition of land for public right-of-way. 6. A division of land for purpose of leasing land for facilities providing personal wireless services while used for that purpose. (RCW 58.17.040(8)) 7. A division of land into lots or tracts of less than three acres that is recorded in accordance with RCW 58.09 used or to be used for construction and operation of consumer or investor owned electric utilities to meet the electrical needs of a utility's existing and new customers as set forth in RCW 58.17.040(9). 20.10.025 Legal Lot. Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created, including but not limited to demonstrating the lot was created through one of the following: 1. Lots created through subdivision, a plat approved by the City or Spokane County separately describing the lot in question; or 2. Lots created through short subdivision, a short plat approved by the City or Spokane County separately describing the lot in question; or 3. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey describing the lot in question if the instrument was: a. Executed prior to March 24, 1980 for subdivisions (effective date of County's first subdivision ordinance) while the lot in question was under Spokane County jurisdiction; or b. Executed prior to March 13, 1978 (effective date of County's first short subdivision ordinance) for short subdivisions while the lot in question was under Spokane County jurisdiction; or c. Executed prior to July 1, 1969 (effective date of RCW 58.17). Page 2 of 15 Public Hearing Draft Title 20, Uniform Development Code 20.10.030 Approval required prior to recordation. Any map, plat or plan hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as set forth in SVMC 20.30.040. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by this title. 20.10.040 Prohibition against sale, lease or transfer of property. No person shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements of this title without first receiving approval hereunder and recording the approved division with Spokane County; provided, that if performance of an offer or agreement to sell, lease or otherwise transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, short subdivision or binding site plan containing the lot, tract, or parcel, the offer or agreement does not violate any provision of this Title. 20.10.050 Vertical Datum. Where topography is required to be shown, the land survey data must be based on the National Geodetic Vertical Datum (NGVD-88). 20.10.060 Monumentation. Monumentation shall be established as required by City construction standards. In addition, every lot corner shall be marked with an iron rod or iron pipe marked in a permanent manner with the registration number of the professional land surveyor in charge of the survey. 20.10.070 Professional Land Surveyor. The preparation of all preliminary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with the RCW 58.09 Survey Recording Act and survey and land descriptions (WAC-332-130). 20.10.080 General Design. The design of short subdivisions, subdivisions and binding site plans shall conform to the requirements of all applicable City plans, regulations, and design and development standards. In addition: 1. The design, shape, size, and orientation of the tracts should be appropriate for the use for which the divisions are intended, and the character of the area in which they are located. 2. Lot arrangement. a. Side lot lines shall be perpendicular to public street rights-of-way or radial to the right-of-way in the case of curvilinear streets or cul-de-sacs. b. Corner Lots: i. The lot lines at the intersection of two local streets shall run along the hypotenuse of the triangle measured fifteen feet (15'-0") from the intersection adjacent to the street along the front and side of the lot. ii. The lot lines at the intersection of a local street and a collector or arterial shall run along the hypotenuse of the triangle measured twenty-five feet Page 3 of 15 Public Hearing Draft Title 20, Uniform Development Code (25'-0") from the intersection adjacent to the street along the front and side of the lot. iii. No corner lot shall be located at right angles to an adjacent interior lot. iv.Property lines at the intersection of public or private streets, and private driveways intersecting public or private streets that exceed one hundred and fifty (150) feet in length shall be curved and conform generally to the curb line in a manner approved by the City. v. Corner lots serving low density residential development shall have an average width at least fifteen percent (15%) greater that the width of interior lots along both adjacent streets to permit building setback and orientation to both streets. c. Lot Dimensions: i. Lot dimensions shall comply with the minimum standards established in SVMC 22.40. ii. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted. iii. No lot shall have an average depth greater than three times its average width. d. Double Frontage Residential Lots: i. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation. ii. When lots back to arterials, a screening device shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with SVMC 22.80 or 22.90. iii. No building, except buildings designed and constructed as two-family dwellings or one-family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units are located on and along the common lot lines of the adjoining lots. 3. Block dimensions should reflect due regard to the needs of convenient access, public safety, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. a. Block Length. Blocks shall not exceed 800 feet except as provided in the zoning regulations for estate lots, unless unique characteristics associated with the land such as creeks, woods, or parks, justifies a longer length. b. Block Labeling. Blocks shall be identified in sequential alphabetical order. c. Street alignments shall be designed and constructed with appropriate consideration for existing and planned roads, anticipated traffic patterns, topographic and drainage conditions, public safety, and the proposed use of the land so divided. Page 4 of 15 Public Hearing Draft Title 20, Uniform Development Code d. All road designs shall be consistent with SVMC 22.130 and adopted street standards. 4. When a tract is subdivided into lots of one acre or more in size, the Community Development Director(hereafter referred to as the "Director") may require an arrangement of the tracts and roads, such as to permit a subsequent redivision in conformity with roads or plans adopted by the City. 5. Lots should not be divided by the boundary of any city, county, zoning designation, or public right-of-way. 6. Every lot shall have direct access to a paved public street, private street, or private driveway easement. 7. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant shall improve or make appropriate provisions for the construction of the public or private streets or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with appropriate City adopted standards. 8. Wastewater design shall be in compliance with all applicable City and other agencies' regulations. 9. Adequate public domestic water supply and/or fire protection shall be provided in compliance with all applicable City and other agencies' regulations. 10. Provisions for stormwater runoff shall be in compliance with City guidelines for stormwater management as set forth in SVMC 22.150. 11. Easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the final short plat, plat, or binding site plan. The utility purveyors shall indicate to the Community Development Department (hereafter referred to as the 'Department') in writing that the easements are adequate for their service needs. 12. The short subdivision, subdivision, or binding site plan shall provide underground utilities within public rights-of-way, alleys or utility easements including, but not limited to, those for electricity, communications and street lighting. When conditions make underground installation impractical, the Director may waive the requirement for underground utilities. 20.10.090 Findings. Prior to approving any preliminary short subdivision, subdivision or binding site plan, the Department in the case of short subdivisions and binding site plans or the Hearing Examiner in the case of subdivisions, shall determine and make written findings of fact that appropriate provisions are made for the following: 1. The public health, safety, and general welfare; 2. Open spaces; 3. Drainage ways; 4. Streets or roads, alleys, sidewalks, and other public ways; 5. Transit stops; 6. Public potable water supplies; 7. Sanitary sewer; Page 5 of 15 Public Hearing Draft Title 20, Uniform Development Code 8. Parks and recreation; 9. Playgrounds, schools and schoolgrounds; 10. Sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; 11. Whether the public interest will be served by the short subdivision, subdivision, and binding site plan; 12. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and 13. Other requirements found to be necessary and appropriate. 20.20 Preliminary Short Subdivisions, Subdivisions and Binding Site Plans 20.20.010 Application. Prior to filing an application for preliminary short subdivision or binding site plan with the Department, it is recommended that the applicant request a pre-application conference pursuant to the provisions of SVMC 17.40 to obtain application forms and receive general information regarding the short subdivision process. Prior to filing an application for a preliminary subdivision, a pre-application conference pursuant to the provisions of SVMC 17.40 is required. 20.20.020 Contents of Application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate application form, applicable fees and the following: 1. Maps and exhibits: a. Ten (10) copies of the preliminary short plat, plat or binding site plan which shall be a legibly drawn map, eighteen by twenty-four (18x24) inches for short plats; twenty-four by thirty-six (24x36) inches in size for plats and binding site plans at a scale of 1"=50' or 1"=100'. If approved by the Department, an alternative appropriate scale may be used; b. One (1) reduced (8 '/2x11 or 11x17 inches) copy of the preliminary short plat, plat or binding site plan; c. One (1) copy of the Spokane County Assessor's 1/2 section map clearly indicating the subject property. Additionally, all adjacent properties with parcel numbers must be indicated on the 1/2 section map. Assessor's maps for preliminary subdivisions shall indicate the parcel numbers of all properties within three hundred (300) feet of the subject property, unless the applicant owns adjacent property, in which case the map shall show the location and parcel number of all properties within three hundred (300) feet of the applicant's ownership. d. Legal description of the subject property with the source of the legal description clearly indicated; e. Public notice packet; and f. SEPA environmental checklist for preliminary subdivisions and binding site plans. Page 6 of 15 Public Hearing Draft Title 20, Uniform Development Code 2. Preliminary short subdivision, subdivision or binding site plan data (to be included on the preliminary short plat, plat or binding site plan). a. Name, address and telephone number of the owner of the subject property and the person with whom official contact should be made regarding the short plat, plat, or binding site plan; b. Title of the proposal. c. Location of subject property by section, township and range; d. A written narrative describing the proposal including but not limited to the number of proposed lots, nature of surrounding properties, proposed access and timing of phasing of the development. The narrative shall also address compliance to applicable sections of the development code and other applicable regulations; e. Vicinity map that clearly indicates the subject property; f. North arrow, scale and boundary of the proposed short plat, plat, or binding site plan; g. Boundaries of all block, the designation of lots, lot lines and dimensions; h. Location of existing utilities; i. Location, names and widths of all existing and proposed streets, roads and access easements within the proposed short subdivision, subdivision, or binding site plan and within 100 feet thereof, or the nearest city street if there is no city street within 100 feet of the subject property; j. All existing or proposed easements or tracts proposed to be dedicated for any public purpose or for the common use of the property owners of the short plat, plat or binding site plan; k. Location of any natural features such as wooded areas, streams, drainage ways, or critical areas as defined in SVMC Title 21; I. Location of existing buildings, septic tanks, drainfields, wells or other improvements, indicating if they will remain or be removed; m. Whether adjacent property is platted or unpiatted. If platted give the name of the subdivision. If the proposed short subdivision, subdivision or binding site plan is the subdivision of a portion of an existing plat, the approximate lines of the existing plat are to be shown and a copy of the existing plat, along with any and all recorded covenants and easements; n. Topographic information at two foot intervals. Topographic information required by this section must be collected by or under the direction of a professional land surveyor; and o. "Site Data Table" showing number of proposed lots, frontage for each lot, lot area for each lot, existing zoning, water supplier, method of sewerage. 20.20.030 Processing Applications. Preliminary short subdivisions and binding site plans are classified as Type II applications; preliminary subdivisions are classified as Type III applications. Both application types shall be processed pursuant to the applicable provisions of SVMC 17.40. Page 7 of 15 Public Hearing Draft Title 20, Uniform Development Code 20.20.040 Distribution of Plans. When the department determines that the application is complete pursuant to SVMC 17.40.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. 20.20.050 Expiration of Preliminary Approval. Approval of a preliminary short subdivision, subdivision, or binding site plan shall automatically expire five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirements under this Title is submitted to the City. Extension of time may be granted as provided in SVMC 20.20.060. 20.20.60 Time Extensions. An application form and supporting data for time extension requests must be submitted to the department at least thirty (30) days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to SVMC 17.40. The director may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan contrary to the public health, safety or general welfare; and provided one or more of the following circumstances is found to apply: 1. That some portion of the existing preliminary short subdivision, subdivision, or binding site plan has been finalized since the project was approved and the remaining lots would form a unified development consistent with the original approval; 2. That the preliminary short subdivision, subdivision, or binding site plan remains generally consistent with original plat or binding site plan that was approved, and the applicant has taken substantial steps toward finalizing the plat or binding site plan, which shall include at least one of the following: a. Surveying the lots within the development; b. Arranging for public services to the site; c. Obtaining necessary financing for all or a portion of the preliminary short subdivision, subdivision, or binding site plan; d. The completion of studies or other requirements which were part of preliminary short subdivision, subdivision, or binding site plan approval; 3. That at the time preliminary approval was granted, development of the proposal was conditioned upon the extension of public services which are not yet available. This provision shall not apply to public utility extensions which the project sponsor would normally fund; If the conditions set forth in SVMC 20.20.060(1), (2), or (3) are met, the department may grant a single one-year time extension. Prior to granting time extensions, the Director shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by affected agencies may be required as a condition of this extension. City Departments may also recommend additional or altered conditions. The Department shall issue a written decision approving or denying the time extension request and provide copies to affected agencies, the applicant, and those parties requesting a copy of Page 8 of 15 Public Hearing Draft Title 20, Uniform Development Code such decision. Appeals of a time extension shall be filed in a manner consistent with the provisions of SVMC 17.50. 20.30 Final Short Subdivisions, Subdivisions, and Binding Site Plans 20.30.010 Final Submittal. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision, or binding site plan shall incorporate all conditions of approval imposed by the Hearing Examiner. All final subdivision, short subdivision or binding site plan submittals shall include the following: 1. A minimum of ten (10) copies of the proposed final short plat, plat or binding site plan; 2. Appropriate fees; 3. Three copies of a plat certificate. The final short plat, plat or binding site plan shall show: 1. All monuments found, set, reset, replaced or removed, describing their kind, size and location and giving other data relating thereto; 2. Bearing trees, corner accessories or witness monuments, basis of bearings, bearing and length of lines, scale of map and north arrow; 3. Any other data necessary for the interpretation of the various items and locations of the points, lines and areas shown; 4. Ties to adjoining surveys of record. 5. The allowable error of mathematical closure for the final plat map shall not exceed one foot in eighty thousand feet or 0.04 foot, whichever is greater. 6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used. 7. Arrows shall be used to show limits of bearings and distances whenever any chance of misinterpretation could exist. 8. Plat boundary and street monument lines having curves shall show radius, arc, central angle and tangent for each curve and radial bearings where curve is intersected by a non-tangent line. Spiral curves shall show chord bearing and length. 9. Lots along curves shall show arc length along curve and radial bearings at lot corners. If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc length, tangent length, and radius. Radial bearings along lot lines will not be required. 10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seconds. 11. When elevations are needed, permanent bench mark(s) shall be shown on the final short plat in a location and on a datum plane approved by the City. 12. The final short plat, plat or binding site plan shall indicate the actual net area for each platted lot exclusive of the right-of-way. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet. Page 9 of 15 Public Hearing Draft Title 20, Uniform Development Code 20.30.20 Contents of Final Plat. All surveys shall comply with the Survey Recording Act (RCW 58.09), survey and land descriptions (WAC-332-130), and City standards for road construction. The contents of a final short subdivision, subdivision or binding site plan shall include the following: 1. The final short plat, plat or binding site plan shall be a legibly drawn, printed, or reproduced permanent map. Final short plats shall measure eighteen by twenty-four (18x24) inches. Final plats and binding site plans shall measure twenty-four by thirty- six (24x36) inches. A two-inch margin shall be provided on the left edge, and a one- half-inch margin shall be provided at the other edges of the plat. If more than one sheet is required, each sheet shall show sheet numbers for the total sheets. 2. The file number of the short plat, plat or binding site plan; location by section, township and range shall be shown. 3. The scale shall be fifty (1"=50') or one hundred (1"=100') feet to the inch. If approved by the department, an appropriate scale may be used which does not exceed two- hundred (1"=200') feet to the inch, provided a four-hundred (1"=400') feet to the inch reduced copy is also submitted. 4. A distinct wide boundary line shall delineate the boundary of the short plat, plat or binding site plan. 5. The location and widths of streets, alleys, rights-of-way, easements, parks and open spaces proposed within the short plat and those existing immediately adjacent to the short plat shall be shown. Areas to be dedicated to the public must be labeled. 6. Layout and names of adjoining subdivisions shall be shown within and adjacent to the subdivision boundary. 7. The layout, lot and block numbers, and dimensions of all lots shall be shown. 8. Street names shall be shown. 9. Street addresses for each lot shall be shown. 10. Plat restrictions required as conditions of preliminary short subdivision, subdivision or binding site plan approval shall be shown. 11. Appropriate utility easements shall be shown. 12. Any special statements of approval required from governmental agencies, including those pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highways shall be shown. 13. A notarized certification by the owner(s) as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. 14. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed and prepared by himself/herself, or under his/her supervision; that plat is a true and correct representation of the subject land; and that monumentation has been established as required by City standards. 15. The City Council authorizes final approval of any final plat, short plat, or binding site plan, if it is reviewed and signed by the following: a. Spokane Valley Public Works Director; Page 10 of 15 Public Hearing Draft Title 20, Uniform Development Code b. Spokane Valley Community Development Director; c. Spokane County Utilities Director; d. Spokane Regional Health District; e. Spokane County Treasurer; f. Spokane County Assessor; g. Water purveyor representative; h. Hearing Examiner for final plats only. 20.30.030 Filing Final Short Plat, Plat or Binding Site Plan. The final short plat, plat or binding site plan shall be submitted to the Department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval. Once all reviewing departments and agencies are satisfied all conditions have been met or appropriate bonding and surety obtained pursuant to SVMC 20.30.040, the final short plat, plat or binding site plan mylar shall be submitted to the Department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. (RCW 58.17.140) The Department shall record the completed final short plat, plat, or binding site plan with the Spokane County Auditor. 20.30.40 Bond in Lieu of Construction Limitations. In lieu of the completion of the actual construction of any required improvement prior to the approval of the final plat, short plat or binding site plan, the public works director may accept a bond in an amount and with surety and conditions satisfactory to the Director and consistent with the provision of RCW 58.17.130, only if all of the following conditions are met: 1. The improvement or improvements constitute less than 5 % of the total capital requirements for the plat, short plat or binding site plan. 2. The improvements will be completed within one (1) year of the date of final approval. 3. The failure to complete the improvement does not impair the function or operation of the transportation, sewer, water, or stormwater systems. 4. The applicant for the bond does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City. 5. The improvements could not be completed due to weather or product supply. 20.30.50 Phasing. Any subdivision may be developed in phases or increments. Phasing of short subdivisions or binding site plans is not permitted. A master phasing plan shall be submitted with the preliminary subdivision for approval by the department. The phasing plan may be approved by the Director provided: 1. The phasing plan includes all land identified within the legal notice; 2. The sequence of phased development is identified by a map; 3. Each phase has reasonable public or private infrastructure to support the number of dwelling units contained in that phase; 4. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any requirements established for the entire subdivision; and provided Page 11 of 15 Public Hearing Draft Title 20, Uniform Development Code that any non-finalized portion meets the minimum lot size of the underlying zone for the proposed use; and 5. The Public Works Department approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above criteria are met. 20.50 Preliminary Plat , Short Plat, and Binding Site Plan Alterations 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary plat, preliminary short plat or binding site plan. The application shall contain the signatures of the persons having an ownership interest in the plat or binding site plan. A preliminary plat alteration is classified as a Type II permit and shall be processed pursuant to SVMC 17.40. 20.60.020Preliminary Plat, Short Plat and Binding Site Plan Alterations, Notice, Decision, Filing Plan. Any request for a proposed modification to a preliminary short subdivision, subdivision, or binding site plan which has received preliminary approval shall be submitted to the department. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The Director may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent properties, or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a "change of condition." Alterations may be approved by the Director, if the Director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the Director and filed with the City of Spokane Valley Community Development Department. Any proposed modification which would significantly amend conditions established by the hearing examiner shall be processed as a "change of conditions" pursuant to SVMC n . 20.60 Final Plat and Short Plat Alterations 20.60.010 Application. An application may be submitted for any proposed alteration to a final plat or final short plat. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, site or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof. Page 12 of 15 Public Hearing Draft Title 20, Uniform Development Code A plat alteration is classified as a Type II Permit unless a public hearing is requested pursuant to SVMC 20.50.020 below in which case the plat alteration shall be classified as a Type Ill Permit. Both permit types shall be processed pursuant to SVMC 17.40 and in a manner consistent with RCW 58.17.215. 20.60.020 Final Plat Alterations Notice. Public Hearing. Decision. Filing Requirements. Upon receipt of a completed application for a final plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property within (300) three hundred feet of that portion of the plat proposed for alteration. The notice shall include a statement that a public hearing will not be required unless specifically requested within the timeframe indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as is set forth in SVMC 17.40.120. Alterations to final plats may be approved if it is determined that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, which shall be signed by the Director and filed with the Spokane County Auditor's office to become the lawful plat of the property. 20.60.030 Final Short Plat Alterations. Notice. Decision. Filing Requirements. Upon receipt of a completed application for a final short plat alteration, the department shall provide notice of the application to all owners of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property adjacent to that portion of the short plat proposed for alteration. Alterations to final short plats may be approved by the Director, if the Director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final short plat, which shall be signed by the Director and filed with the Spokane County Auditor's office to become the lawful plat of the property. 20.70 Plat Vacation 20.70.010 Plat Vacation Application. An application may be submitted for the proposed vacation of part or all of a plat. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites or division in the subject subdivision or a portion to be vacated. 20.70.020 Plat Vacation — Process. Vacation of a plat is classified as a Type III application. Upon submittal of a complete application for vacation of plat, the department shall process the plat vacation request pursuant to SVMC 17.40 and in a manner consistent with RCW 58.17.212. Page 13 of 15 Public Hearing Draft Title 20, Uniform Development Code 20.80 Boundary Line Adjustments/Eliminations 20.80.010 Scope. Boundary line adjustments shall be a minor alteration in the location of lot boundaries on existing lots. The purpose of the boundary line elimination process is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: 1. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments. 2. Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations. 3. Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations. 4. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. 20.80.020 Review Process. Boundary line adjustments and eliminations are classified as Type I applications and shall be reviewed pursuant to SVMC 17.40. 20.80.30 Application and Drawing Requirements. Application for a boundary line adjustment or elimination shall be made on forms provided by the Department and shall provide the following information: 1. Existing conditions site plan— produce a to-scale site plan on an 8 '/2 x 11 inch sheet with one inch margins on all sides showing the following information: a. The existing dimensions and square footage of the existing property/properties involved; b. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) from all property lines; c. The location and dimension of all access and utility easements; and d. The location, dimensions and names of public and/or private streets abutting the property(ies). 2. Proposed adjustment/elimination site plan — produce a to-scale plan on an 81/2 x 11 inch sheet with one (1) inch margin on all sides showing the following information: a. The location and setbacks of any improvements ( i.e. structures, septic systems, etc.) after the proposed boundary line adjustment or elimination from the new property lines; b. The location and dimension of any access or utility easements after the proposed boundary line adjustment or elimination; c. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; and d. Indicate old property lines with a dashed line and the new property lines with a solid line. Page 14 of 15 Public Hearing Draft Title 20, Uniform Development Code 3. On a separate sheet of paper (8 '/2 x 11 inches) a written legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one (1) inch margins on all sides. 4. One (1) copy each of all involved property owners' recorded deeds, verifying current ownership of the subject property(ies). 5. If available, submit a copy of an original plat for the subject property. 6. If the boundary line adjustment results in a decrease of distance between a property line and any structure on the site to less than ten (10) feet from the required setback, a record of survey of the property shall be completed to prove that no illegal building setbacks will be created as a result of the boundary line adjustment. The survey must be completed by a surveyor licensed in the State of Washington. 20.80.40 Recordation. The Department shall record approved boundary line adjustments and eliminations with the Spokane County Auditor's Office and submit copies of the recorded documents to the Spokane County Assessor's Office. All fees for such recording shall be paid by the applicant prior to recording. Page 15 of 15 CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: September 28, 2006 Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Workshop to review potential Urban Growth Areas for the City of Spokane Valley. GOVERNING LEGISLATION: Washington State Growth Management Act, RCW 36.70.A. PREVIOUS COMMISSION ACTION: None. BACKGROUND: Spokane County is conducting a 5-year update to their Comprehensive Plan, adopted November 15, 2001. The update includes a review of Urban Growth Area (UGA) boundaries, as required by the Countywide Planning Policies (CWPP) for Spokane County. The GMA gives counties the authority to adopt population projections and establish UGAs, in consultation with cities. Important steps in the update process include; 1) Adopting a 20-year countywide population projection; 2) dividing the projected population between jurisdictions; and 3) adjusting UGAs to accommodate the population projection. The City of Spokane Valley adopted its first Comprehensive Plan on April 25, 2006. The Comprehensive Plan focuses on growth and development only within the current City limits. Spokane Valley is participating in the County's Comprehensive Plan update and will propose UGAs for Spokane Valley's future growth. Population Prosection and Allocations Spokane County projects that the County will grow by approximately 197,000 people by the year 2026 (see attached letter from Jim Manson). That number has been allocated to all jurisdictions with Spokane Valley receiving about 33,000 people for planning purposes. Urban Growth Areas Urban Growth Areas are defined by a boundary where new growth and development is encouraged. Development is limited outside UGAs, which is considered "rural" land. UGA's must be sized to accommodate the 20-year population projection and includes land inside cities and unincorporated land adjacent to cities. The attached draft map titled "County Proposal for Urban Service Analysis-May 23, 2006) shows areas that Spokane County is considering for UGA designation. Land Quantity Analysis To determine how much land is needed to accommodate the projected population growth, each jurisdiction is required to conduct a land capacity analysis using a regional methodology. The general steps are as follows: 1. Determine amount vacant land. 2. Determine amount of land that is partially used but could redeveloped. 3. Remove land affected by critical areas (wetlands, shorelines, etc.) 4. Deduct 20% that will be used for public purposes. 5. Deduct 30% for land that will not be available for development. This analytical exercise yields the number of developable acres within a specified area. The acreage is then converted into potential new dwelling units, as determined by residential densities allowed by the Comprehensive Plan. For example, 10 developable acres in the Low Density Residential category is multiplied by 4 units per acre, yielding 40 total potential new dwelling units. The total dwelling units is then multiplied by 2.5 (2.5 people per dwelling unit) in single family areas and 2 in multi-family areas to determine the population that could be accommodated. In our example, 40 dwelling units would accommodate 100 people. To determine Spokane Valley's capacity for growth, we first applied the LQA within our current City boundary. We then analyzed existing unincorporated Urban Growth Areas adjacent to the City, then to County Urban Reserve Areas. Spokane Valley's Land Quantity Analysis results are as follows: Potential UGAs Vacant and Partially Net Developable Potential New Dwelling Population Used Acres Acres Units Capacity City of Spokane Valley 3,149 1,564 9,303 20,632 Plantes Ferry 120 69 275 687 Northeast 42 24 96 239 Southeast 1,637 962 3,849 10,131 Ponderosa 5 3 12 30 Edgecliff 241 138 551 1,377 Total 5,194 2,761 14,086 33,096 The geographic areas referenced in the table are shown on the attached map titled "City of Spokane Valley Proposed Urban Growth Areas". This map is the initial presentation of potential Urban Growth Areas that the City may ultimately request to be designated for the Cities growth. As shown in the table above, the potential UGAs have the capacity to accommodate the population allocated to the City by Spokane County. It is important to note that Staff intends to use this map and associated data as a starting point to review and discuss areas that should be considered to be designated as Spokane Valley UGAs. Facilities and Services New growth places new demands on public facilities and services. The GMA requires each jurisdiction to quantify the impacts of new development on public facilities and services, identify future deficiencies, and determine costs for new infrastructure. Each jurisdiction must then show how the required capital improvements will be funded. The table below is an initial review of water and sewer services within the proposed UGAs. More detailed capital facilities information will be provided to the Commission at future meetings. Acres in Water Percentage Acres Percentage Potential UGAs Total Acres District in Water Sewered Sewered District Plantes Ferry 250 237 95% 0 0% Northeast 46 43 93% 6 12% Southeast 2781 2193 79% 1147 41% Ponderosa 47 47 100% 12 26% Edgecliff 315 301 96% 27 9% Total 3439 2822 82% 1192 35% RECOMMENDATION: The Planning Commission will conduct a public hearing at a future date and will then make a recommendation on UGAs to the City Council. STAFF CONTACT: Scott Kuhta, Senior Planner ATTACHMENTS: 1. Letter from James Manson, Spokane County Building and Planning Director 2. County map showing potential Urban Growth Areas 3. City of Spokane Valley map showing potential Spokane Valley UGAs --.1.2.,.po � � f � CSI my BUILDING AND PLANNING JAMES L. MANSON, DIRECTOR TO: Whom it May Concern: . .(14/64,440,1„.‘ FROM: Jim Manson, Department of Building and Planning Dire 411y1. RE: 5-Year Update of Spokane County Comprehensive Plan and Urban Growth Area Boundary As you may be aware, Spokane County and local municipalities are required to update their respective Comprehensive Plans and Urban Growth Areas by December 1, 2006. On May 23, 2006, the Board of County Commissioners, adopted a population allocation for initial planning purposes for the 20-year planning horizon from 2006-2026. This allocation consists of the Office of Financial Management(OFM) medium forecast with an additional 12.5% buffer In response to the initial population allocation the Department of Building and Planning has prepared a"draft" map illustrating County 2006-2026 ADD'L potential areas for consideration for Urban Growth Area Boundary Municipality ALLOCATION modifications to accommodate the initial projected population Spokane 197,639 allocation. As illustrated on the attached "draft" map, the areas Unincorporated 66,073 under consideration for potential Urban Growth Area Boundary modifications are shown in red and those areas are currently Airway Heights 5,066 designed as Urban Reserve per the adopted Comprehensive Plan. Cheney 3,289 Those areas shown in cross-hatching are individual public Deer Park 2,479 comments or requests related to the Comprehensive Plan land use Fairfield 212 designations in the Urban Reserve Areas or adjacent to the existing Urban Growth Area Boundaries (see attached). Latah 82 Liberty Lake 15,586 To facilitate our deadline of December 1, 2006 to update the Urban Medical Lake 798 Growth Area and Spokane County Comprehensive Plan we request Millwood 91 your expedited review of the"draft" map and provide comments as Rockford 239 to your ability to provide services/infrastructure to serve the Spangle 322 identified areas consistent with the adopted Levels of Service Spokane 70,235 (LOS) in the Spokane County Comprehensive Plan Capital Facilities Spokane Valley 33,125 Plan and Countywide Planning Polices by providing the information Waverly 41 on the Evaluation of Public Facilities Form (see attached). If you are not able to provide services consistent with adopted Levels of Service (LOS) please provide. specific comments as the reason and/or additional needs to serve in the form on new infrastructure (e.g. new arterials, reservoir, etc.) the associated approximate cost, and timeframe for delivery. Please forward your review comments by June 29, 2006. To address any questions you may have regarding the"draft" map we have scheduled a meeting for June 22, 2006 at 10:00 a.m. in Conference Room 2B where staff will be available to discuss the"draft" map and provide additional clarification as needed. I realize this is a very short notice but hope you can provide this information in order to move forward with the update process in a manner to accommodate our deadline of December 1, 2006. • 1026 W. BROADWAY AVENUE • SPOKANE, WA 99260-0050 PHONE: 509-477-3675 • FAx: 509-477-4703 • TDD:509-477-7133 _ 2006 UGA&Comprehensive Plan Update I /111 Existing JPA 0 Request to Change • • West Plains UGA=1,397 Growth Area E Request Received After "---- 0 Urban Reserve ..'...,,• -,., IA Urban Reserve 111 LDA Com/Ind \ North Metro UR3=4,465 r- i South Valley UR6=9,820 oi ] , Other Area-wide V/ i i 29 i 29 30 a 7,71-7231,-.'.. 27 m . . - .3 '11••••(''37-1=1..e-13.-- , It .70,1,116, • • I lingai,' _i - -._-•—b-liz,.. 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