Ordinance 15-026 Amends Title 18 SMP CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 15-026
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION
18.20.030 RELATING TO HEARING EXAMINER POWERS AND DUTIES, AND
OTHER MATTERS RELATING THERETO.
WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley
Municipal Code(SVMC)Title 18,pursuant to Ordinance 07-015; and
WHEREAS, on October 28, 2007, SVMC Title 18 became effective; and
WHEREAS, such regulations are authorized by RCW 36.70A; and
WHEREAS, on August 4, 2015, the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106,providing a 60-day notice of intent to adopt amendments to Spokane Valley
development regulations; and
WHEREAS, on August 21 and 28, 2015, notice of the Planning Commission public hearing was
published in the Valley News Herald; and
WHEREAS, on August 27,2015,the Planning Commission held a study session; and
WHEREAS, on September 10, 2015, the Planning Commission held a public hearing, received
evidence, information, public testimony, and a staff report with a recommendation followed by
deliberations; and
WHEREAS, on September 24, 2015, the Planning Commission approved the findings and
recommendations; and
WHEREAS, on December 1, 2015, City Council reviewed the proposed amendments; and
WHEREAS,the amendments set forth below are consistent with the goals and policies of the City's
Comprehensive Plan; and
WHEREAS, SVMC 18.20.030,as amended,bears a substantial relation to the public health,safety,
welfare and protection of the environment.
NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend Title 18 SVMC by removing
shoreline conditional use permits and variances under the Shoreline Master Program from matters heard by
the Hearing Examiner and adding shoreline letter of exemption appeals to matters heard by the Hearing
Examiner.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments and recommends approval of the amendments. The City Council has read and considered the
Planning Commission's findings. The City Council hereby makes the following findings:
Ordinance 15-026 Page 1 of 4
A. Growth Management Act Policies - Washington State Growth Management Act
(GMA) provides that each city shall adopt a comprehensive land use plan and
development regulations that are consistent with and implement the comprehensive
plan.
B. City of Spokane Valley Goals and Policies-The City of Spokane Valley has adopted
goals and policies consistent with the GMA and adopted County-Wide Planning
Policies, set forth below.
Chapter 8 - Natural Environment Element of the Comprehensive Plan includes the
goals and policies of the Shoreline Master Program(SMP)as goals and policies of the
Comprehensive Plan. The proposed amendments are consistent with the SMP as the
goals and policies of the SMP are included as goals and policies of the Comprehensive
Plan. The amendments are therefore consistent with the Comprehensive Plan. The
amendments are consistent with the following Comprehensive Plan policies:
Land Use Policy LUP-13.1: Maximize efficiency of the development review process
by continuously evaluating the permitting process and modifying as appropriate.
Economic Policy EDP-7.1: Evaluate, monitor and improve development standards to
promote compatibility between adjacent land uses; and update permitting processes to
ensure that they are equitable, cost-effective, and expeditious.
Economic Policy EDP-7.2: Review development regulations periodically to ensure
clarity, consistency and predictability.
The amendments are consistent with the SMP where the purpose is to protect the public
interest in the shoreline, preserve the natural character of the shoreline, advocate long
term over short term benefit, protect the resources and ecology of the shoreline,
increase public access to publicly owned shoreline areas, and increase public
recreational opportunities in shoreline areas. For this reason the amendments bear a
substantial relation to public health,safety,welfare,and protection of the environment.
C. Conclusions
The Shoreline Management Act requires that local governments amend their
master program for regulation of uses of the shorelines of the state consistent with
the required elements of the guidelines adopted by the Department of Ecology.
The goals and policies of the SMP are considered an element of the City's
Comprehensive Plan.
Spokane Valley development regulations are intended to implement the City's
Comprehensive Plan and therefore must be consistent with the Plan.
The proposed text amendment is consistent with the City's Comprehensive Plan
and the approval criteria pursuant to SVMC 17.80.150(F).
The proposed City-initiated Code text amendments are consistent with the City's
adopted Comprehensive Plan and the approval criteria pursuant to SVMC
17.80.150(F).
Section 3. Amendment. Spokane Valley Municipal Code section 18.20.030 is hereby
amended as follows:
18.20.030 Powers and duties.
Ordinance 15-026 Page 2 of 4
A. The hearing examiner shall be under the administrative supervision of the city manager.
B. The hearing examiner shall have the following powers and duties:
1. Annually provide a written report to the city manager, city council and director of the
community development department that states the number and type of hearings conducted
and decisions issued during the past year, the outcome of such decisions, recommendations
for improving the hearing examiner system, and pertinent observations and
recommendations regarding land use policies and development regulations.
2. Upon request, meet with the city manager, city council or director of community
development department to discuss the written report.
3.Receive and examine available information,make site visits,take official notice of matters,
conduct public hearings, prepare a record thereof, and enter findings, decisions or
recommendations.
4. As a part of the conduct of public hearings, the hearing examiner shall have the authority
to:
a. Conduct pre-hearing conferences;
b. Require the submittal of information;
c. Schedule and continue hearings;
d. Rule on all evidentiary and procedural matters, including motions and objections
appropriate to the proceedings;
e. Receive evidence and cause preparation of the record;
f. Regulate the course of hearings and the conduct of the parties and their agents;
g. Maintain order during the hearing process;
h. Render decisions and issue written findings and conclusions;
i. Include in a decision the conditions of approval necessary to ensure that the
application complies with the applicable criteria for its approval; and
j.Revoke any approval for failure to comply with the conditions imposed by the hearing
examiner where specifically authorized by the UDC or state law.
5. The hearing examiner shall hear the following matters:
a. Variances;
b. Conditional use permits;
c. Special use permits;
d. Shoreline letter of exemption appeals;
e. Preliminary plats;
Ordinance 15-026 Page 3 of 4
f. 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;
g. Appeals on State Environmental Policy Act(SEPA)determinations;
h. Site-specific zone changes of property, including any environmental determination
(under SEPA);
i. Planned unit developments, including any environmental determination (under
SEPA); and
j. 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.
6. All hearings before the hearing examiner shall be scheduled and conducted in the manner
set forth in Appendix B.
7. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90
Section 4 . Other sections unchanged. All other provisions of Title 18 SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,clause or
phrase of this Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after
publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley
as provided by law.
Passed by the City Council this 15`x'day of December 2015.
aNiayor, Dean Grafos, or
ATT1S ':
,L� 4 iL4Arr
Christine Bainbridge, City Clerk I
Approved as to. orm:
j(„(Office the City orney
Date of Publication: / Z—
Effective Date: / -3d
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