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2024-10-24 - Agenda PacketSpokane jValley Notice and Agenda For Regular Meeting Spokane Valley Planning Commission Thursday, October 24, 2024 at 6:00 p.m. Remotely via ZOOM meeting and In Person at: Spokane Valley City Hall located at 10210 E Sprague Avenue NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held October 24, 2024, beginning at 6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue, Spokane Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda. NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall at the address provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described below: Public comments will only be accented for those items noted on the agenda as "Public comment" or `Public hearinr." If making a comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email Planning(a,snokanevallevwa.eov or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken in -person at the meeting, as noted on the agenda below: LINK TO ZOOM MEETING INFORMATION: https://spokanevallgy.zoom.us/j/86262747051 US: +12532158782„ 86262747051# or+16699006833„86262747051# US US: +1 253 215 8782 US (Tacoma) Meeting ID: 862 6274 7051 AGENDA: 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. APPROVAL OF MINUTES: October 10, 2024 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: This is an opportunity for the public to speak on any subject except items listed as public comment opportunity or public hearing as comments will be taken when those items appear on the agenda. 9. COMMISSION BUSINESS: a. Public Hearing: CTA-2024-0001 - Amendments to Chapter 17.80 Permit Processing (Presented By Martin Palaniuk) 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall October 10, 2024 I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in person and via ZOOM meetings. The Commissioners and staff stood for the Pledge Of Allegiance. II. Administrative Assistant Marianne Lemons took attendance, and the following members and staff were present: Susan Delucchi, absent Michael Kelly Bob McKinley John Robertson Vadim Smelik, absent Justin Weathermen, absent Dan Wilson Tony Beattie, Deputy City Attorney Lori Barlow, Senior Planner Martin Palaniuk, Associate Planner Chad Knodel, IT Manager Marianne Lemons, Administrative Assistant There was consensus to excuse Vice -Chairman Delucchi and Commissioner Weathermen III. AGENDA: Commissioner Robertson moved, and it was seconded, to approve the amended meeting agenda for August 10, 2024. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. IV. MINUTES: Commissioner Wilson moved, and it was seconded, to approve the meeting minutes for the September 26, 2024 meeting. Commissioner Kelly requested one change to add a missing word to the following sentence under Item #3: Agenda - Chairman McKinley asked for a correction to the agenda to move Item 6: Commission Reports and Item 7: Administrative Report to after the short course training because the training beg at 6:00 p.m. Commissioner Robertson moved and it was seconded, to amend the minutes. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. The vote on the motion approving the meeting minutes as amended was four in favor, zero against, and the motion passed. V. COMMISSIONER REPORT: Commissioner Wilson reported that he attended the Chamber of Commerce Manufacturing Matters Award Dinner on October 3, 2024. Commissioner Kelly reported that he attended the Spokane Valley City Council meeting on October 8, 2024. 10-10-2024 Planning Commission Minutes Page 2 of 3 VI. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported that the City has made an offer to Steve Roberg for the Planning Manager position. He will begin on November 18, 2024. The City also completed the review of the Request For Qualifications received for the Comprehensive Plan Update process. The City will begin the interview process soon. VIL PUBLIC COMMENT: There was no public comment offered. VIIL COMMISSION BUSINESS: a. Study Session: CTA-2024-0001 — Amendments to Chapter 17.80 Permit Processing Associate Planner Martin Palaniuk gave a staff presentation. He explained that in April 2023, Washington State legislature adopted Senate Bill (SB) 5290 updating portions of the Local Project Review Act, Chapter 36.70B RCW. The update is intended to streamline project review for land use project permits. The legislative update creates inconsistencies within Chapter 17.80 of the Spokane Valley Municipal Code (SVMC) permit processing procedures. Based on these inconsistencies, the City needs to review the local project permit timelines, clarify the determination of completeness process, and address partial permit fee refunds. Mr. Palaniuk outlined the proposed changes: • Clarify what constitutes a complete application and the determination requirements. • Clarify what time periods are not to be counted within the decision timeline and when time can be added to the decision timeline. • Add a reference allowing the applicant to request a refund of a portion of the permit fees if the permit time periods are not met. • Housekeeping items that clarify a requirement but make no substantive change. Commissioner Kelly asked if this new requirement is more or less restrictive than the Cities current standard. Mr. Palaniuk responded that the City had shorter requirements for some of the items but did have one item that will be reduced from the current procedures. The new law dictates that planning permits that require public notice have a review time of 100 days and the City's previous standard was 120 days (which will have to be changed). Planning permits that do not require public notice have a review time of 65 days in law and the City's standard was 60 days. Planning permits that require a public hearing have a review time of 170 days in law and the City's standard was 120 days. Commissioner Kelly commented that on Page 5 of 17 under 17.80.100 (A) that the last two sentences could possibly be rewritten for better understanding and clarity. He also suggested moving the second half of the sentence to the beginning in Section 17.80.100 (B). Within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application, the City shall notify the applicant whether an application is fully complete or what additional information is necessary. Mr. Palaniuk stated that the public hearing on this matter will be held on October 24, 2024. IX. GOOD OF THE ORDER: Commissioner Kelly stated that he will be absent at the October 24, 2024 Planning Commission meeting. 10-10-2024 Planning Commission Minutes Page 3 of 3 X. ADJOURNMENT: Commissioner Robertson moved, and it was seconded, to adjourn the meeting at 6:53 p.m. The vote on the motion was six in favor, zero against, and the motion passed. Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: October 24, 2024 Item: Check all that apply ❑ old business ❑ information ❑ new business ® public hearing ❑ study session ❑ pending legislation AGENDA ITEM TITLE: CTA-2024-0001 Amendments to chapter 17.80 SVMC Permit Processing Public Hearing GOVERNING LEGISLATION: Chapter 36.70B RCW Chapter 17.80 SVMC and 19.30.040 PREVIOUS COMMISSION ACTION: Study Session October 10, 2024 BACKGROUND: In April 2023, the Washington State legislature adopted Senate Bill SB 5290 (SB 5290) updating portions of the Local Project Review Act, Chapter 36.70B RCW. The update is intended to streamline project review for land use project permits. The amendments to Chapter 36.70B RCW require the City to review the local project permit timelines, clarify the determination of completeness process, and address partial permit fee refunds. While SB 5290 has other components that may affect the City, these are the only components necessary to address within Chapter 17.80 SVMC. The legislative update creates inconsistencies with Chapter 17.80 SVMC Permit Processing Procedures, and the following changes are proposed: 1. Clarify that a project permit application is complete when it meets the procedural submission requirements as outlined on the project permit application. 2. Maintain City timelines for project permit review. 3. Add a section that allows the applicant to request a refund of a portion of the permit fees if the permit time periods are not met. 4. Add a section that specifically identifies what time periods are not to be counted within the decision timeline consistent with the state law. 5. Last, various revisions that are considered housekeeping items that clarify a requirement but make no substantive change. Staff will provide an overview of the proposed regulations. ACTION OR MOTION: Conduct the public hearing and deliberate on the proposed amendment. The Planning commission may recommend approval, approval with modifications, or denial of the proposed draft regulations. STAFF CONTACT: Martin Palaniuk, Associate Planner ATTACHMENTS: Draft CTA-2024-0001 Staff Report Presentation SB 5290 RPCA CTA-2024-0001 Page 1 of I ECONOMIC DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION TO THE jValley PLANNING COMMISSION CTA-2024-0001 STAFF REPORT DATE: October 10, 2024 HEARING DATE AND LOCATION: October 24, 2024, beginning at 6:00 p.m. This hearing will be conducted in person and remotely using web and telephone conference tools. A link to the Zoom meeting is provided on the agenda for the Planning Commission and posted to the City's webpage: www.spokanevalley.org/planningcommission. PROPOSAL DESCRIPTION: A city -initiated code text amendment (CTA) to chapter 17.80 SVMC permit processing procedures to make the chapter consistent with changes to chapter 36.70B RCW Local Project Review resulting from the adoption of Senate Bill 5290. APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, SVMC 17.80.150, and 19.30.040. SUMMARY OF CONCLUSIONS: CTA-2024-0001 is consistent with the criteria for review and approval, and consistent with the goals and policies of the Comprehensive Plan. STAFF CONTACT: Martin Palaniuk, Associate Planner REVIEWED BY: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Exhibit 1: Proposed Amendment Exhibit 2: Senate Bill SB-5290 APPLICATION PROCESSING: Chapter 17.80 SVMC, Permit Processing Procedures. The following table summarizes the procedural steps for the proposal. Procedural Action Date Published Notice of Public Hearin I" Notice): October 4, 2024 Department of Commerce 60-day Notice of Intent to Adopt Amendment October 4, 2024 Published 2" d Notice of Public Hearing October 11, 2024 Regulatory Framework for Local Project Review The Local Project Review Act was passed in 1995 as the statewide framework for local government land use planning review and development permitting. The state legislature found that the increase in environmental laws and development regulations resulted in an increase to the number of local land use permits and approvals. The increasing number of permits and review processes generated conflict, overlap, and duplication between the various permits and review processes. This regulatory burden added to the cost and time needed to permit projects and was confusing to the public. The law intended to make the permitting process more consistent, predictable, and efficient. Staff Report and Recommendation CTA-2024-0001 The Local Project Review Act is codified in chapter 36.70B RCW. Pursuant to RCW 36.70B.060, local governments planning under the Growth Management Act are required to establish by ordinance or resolution an integrated and consolidated permit process. The City of Spokane Valley adopted the City of Spokane Valley Municipal Code (SVMC) chapter 17.80 Permit Processing to comply with the requirements. The purpose of chapter 17.80 SVMC is to establish standardized decision -making procedures for reviewing development and land use applications within the City. The primary purpose of the chapter is to ensure prompt review of development applications and provide for necessary public review and comment on development applications In 2023, major changes were made to chapter 36.70B RCW with Senate Bill 5290 (SB 5290). The amendments to chapter 36.70B RCW are intended to consolidate, streamline and further improve local permit review. The amendments went into effect in the summer of 2023 and are aimed at making improvements to several areas of local project review. Complete Determination. During the land use permit application process the City must determine if the material that the applicant has submitted is sufficient to review the proposal and to determine if the proposal meets the regulatory requirements of the municipal code. To make this determination, the City asks for multiple documents that are identified on the application. Examples of the required documents include a plat map, property ownership documents, notification material, and concurrency statements from the sewer and water providers. Intake and the adequacy of the application is done in two distinct actions: counter intake and completeness review. When the application is submitted at the counter an inventory is completed to determine that all items listed on the application are present. If the items are present, the application is determined "counter complete" and accepted for processing. The next review requires staff to conduct a formal completeness review. This involves a closer examination of the submitted material to determine if the documents provide the technical information staff will need to determine if the project meets the regulatory requirements of the SVMC. The information that is required generally increases with the complexity of the project. Each land use permit application contains a checklist of submittal items and information that are required when submitting an application. As currently written in the SVMC this closer examination is termed a "fully complete" determination. This action must be completed within 28 days of taking the application at the counter and the City must provide the applicant a written determination as to whether the application is complete or incomplete. If the application is incomplete, then the written determination must include a list of the items or information that must be provided to make the application "complete". The complete determination is important for a couple of reasons. First, it starts the decision timeline for the project. Second, it vests the application, and the City must consider the land use permit under the development regulations in effect on the date the application is determined "complete". SB 5290 directs that local jurisdictions must determine the application complete when the application meets the procedural submission requirements of the local government, as outlined on the project permit application. If the procedural submission requirements have been met, then the need for additional information or studies may not preclude a completeness determination. The proposed amendment removes the term "fully complete" throughout the chapter and adds clarifying language that the application is complete once the "procedural submission" requirements have been met, i.e., all the information listed on the application has been provided. Decision Timeline Timelines for making the final decision for Type I, II, and III land use applications are contained in SVMC 17.80.130. SB 5290 prescribes time periods for local government action to issue a final decision for complete project permit applications. The timelines should not exceed those provided in the senate bill unless they are modified by the local government by adoption of an ordinance or resolution. The proposed code text amendment to this chapter makes no changes to the timelines in SVMC 17.80.130. SB 5290 differentiates the decision timeline for land use permits based on whether the permit requires no public notice, public notice, or public notice and a public hearing. The need to provide public notice and Page 2 of 5 Staff Report and Recommendation CTA-2024-0001 to conduct a public hearing adds to the time required for a local jurisdiction to process a permit and issue a decision. Generally, a permit may be more readily processed when public notice is not required and will require additional process time when a public hearing is required. For this reason, SB 5290 requires local jurisdictions to issue a decision for project permits that do not require public notice within 65 days of the determination of completeness, within 100 days for projects that require public notice, and within 170 days for projects that require public notice and a public hearing. Local governments may adopt modified permit timelines for each of the three timeline categories pursuant to RCW 36.70B.080(1)(d) which includes the following language: The time periods for local government action to issue a final decision for each type of complete project permit application or project type subject to this chapter should not exceed the following time periods unless modified by the local government pursuant to this section or RCW 36.70B.140. RCW 36.70B.080(1)(d) (emphasis added) The timelines identified in SB 5290 differ from those contained in Section 17.80.130 SVMC. Generally, the City must issue Type I decision (no public notice) within 60 calendar days, a Type II decision (notice of application) within 120 calendar days, and a Type III decision (public hearing required) within 120 calendar days from the date the application is complete. The proposed code text amendment makes no changes to the decision timeline contained in Section 17.80.130 SVMC given the lean planning staff, the volume and type of land use permit applications the City receives, and the focus on expediting applications through the review and decision process. Timeline Exclusions The City can exclude certain periods of time from the decision timeline. These include time spent by the applicant to revise plans or provide additional studies or materials; prepare an environmental impact statement; resolve an appeal; and time mutually agreed upon by the applicant and the City. The proposed text amendment adds the following clarifying language regarding these exclusions. • SB 5290 provides that the time period for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use. The proposed code text amendment adds language that mirrors this language. • SB 5290 provides that 30 additional days may be added to the decision timeline if the applicant requests, in writing, a suspension of the project review for more than 60 days or if the applicant is nonresponsive for more than 60 days to a written request from the City for additional information. The proposed code text amendment adds language that provides for adding the additional 30 days to the decision timeline. Application Refund Pursuant to SB 5290, local jurisdictions must refund a portion of the application fee when the decision timeline is not met: (a) 10 percent of the application fee must be returned if the final decision was made after the applicable deadline, but did not exceed 20 percent of the original time period; and (b) 20 percent if the period exceeded 20 percent of the original time period. The proposed code text amendment adds language that provides the applicant with the means to receive a refund in cases where the final decision is made after the applicable timeline. This is done by adding a reference in the code text amendment to the refund language contained within RCW 36.70B. Page 3 of 5 Staff Report and Recommendation CTA-2024-0001 A. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 SVMC (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) identifies the approval criteria for an amendment to Titles 17-27 SVMC. The City may approve a Municipal Code Text amendment if it finds that: i. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan: Staff Analysis: The proposed amendment is supported by the Comprehensive Plan and is consistent with the following Comprehensive goals and policies: ED-G6 Maintain a positive business climate that strives for flexibility, predictability, and stability. LU-G4 Ensure that land use plans, regulations, review processes, and infrastructure improvements support economic growth and vitality. ii. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment: Staff Analysis: The proposed amendment bears substantial relation to public health, safety, welfare, and protection of the environment. The permit processing procedures ensure timely and transparent review of development applications for the citizens of Spokane Valley and the development community at large while meeting all local and state regulations. The amendment assures that the permit review process begins when an applicant has submitted all information required on the permit application, and that the application is processed efficiently. The land use application review and approval process will continue to adhere to established decision timelines and provide for public comments on development that affects the community. The City continues to provide superior and efficient service to developers and outreach to citizens within the timelines established by the code. b. Conclusion(s): The proposed text amendment is consistent with the approval criteria contained in the SVMC 17.80.150(F). 2. Finding and Conclusions Specific to Public Comments a. Findings: The City has not received any public comments following the publication of the Notice of Public Hearing on October 4 & 11, 2024. Additionally, the notice was posted to the City's website and added to the weekly public notices e-letter. b. Conclusion(s): Adequate public noticing was conducted for CTA-2024-0001 pursuant to adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: The City has not received any substantive agency comments to date. Page 4 of 5 Staff Report and Recommendation CTA-2024-0001 b. Conclusion(s): No concerns noted. B. CONCLUSION For the reasons set forth in Section A the proposed code text amendment to chapter 17.80 SVMC, clarifying the complete application requirements, reaffirming decision timelines, clarifying periods to be excluded from decision timelines, providing for application refunds when timelines are exceeded, and other matters related thereto is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. Page 5 of 5 Public Hearing CTAm2024m0001: Ch. 17.80 SVMC -Permit Processing Procedures Martin Palaniuk, Associate Planner October 24, 2024 Spokane Valley Text Amendment Review Criteria SVMC 17.80.150 Who Can Initiate • Property Owners • Any citizen, agency, or party • The department, planning commission, city council Approval Criteria • The amendment is consistent with the Comprehensive Plan. • The amendment bears a substantial relation to public health, safety. Welfare, and protection of the environment. SB 5290 • Adopted 2023 Planning Commission • Study Session — October 10, 2024 SPOKA EVHI e. F.YCIiYHPtL City Council • Admin Report — November 26, 2024 • CTA-2024-0001 initiated —August 2024 ' • Public Hearing — October • Ordinance 1st Reading - 24, 2024 - _ December 10, 2024 • Findings of Fact — November 14, 2024 • Ordinance 2nd Reading — December 17, 2024 Pre -Application Mceting I�q�l Formal Application Submittal Notice of Application scat to adjacent prop" COMPLETE cw & sta fpublishcs in newspaper Camplcur.. (30 day comment period) Determination INCOMPLETE Applicant rotificd Complete Staff and Agencies review applicatiom ofan inrnmplme SEPA checklist and associated sNdia application. lacamplctc Staff seeds all rnmments to owmmhppbcam for 19 day review Rcaubminal SEPA Decisiost n (Paand Publish with a 14 calrndar day commrnt & appd period) sst,Ihepon Public �� issued! '/wlemdar Hearingk days bcfom Notice of Public Hearing srnt to property owners within 400 feet, Icgal iatice hormg published in newspaper &site posted (IS calrndar days before hearing) Hearing Examiner issues decizion All conditions ejftdiwiney Subdivision approzvfshatfbr metpriw (19 calrndar day appeal period) m Final Subdfvidun appilcadan. 1 Demalirian Saban' Grading Permu(rood rm Peit and drainage design, wnw,, sewrraad a ibty i tvallation) Final Plat Application submittal f (Accmge ip calendar dac pracosl - -ROwoboon bcd - 1 rm . .ARmber Permit ' ro.do,. Staffand Agencies c. review application �. Recording to e... h paid for cweot year FDIALDECISION Recording by City 90 - effective ary 1, 2025. iter 36.706 RCI hapter 17.80 a ry to stay apter 36.706 F B 5290 hecamc CERTIFICATION OF ENROLLMENT SECOND SUBSTITUTE SENATE BILL 5290 Chapter 338, Laws of 2023 68th Legislature 2023 Regular Session PROJECT PERMITS —LOCAL PROJECT REVIEW —VARIOUS PROVISIONS EFFECTIVE DATE: July 23, 2023—Except for section 7, which takes effect January 1, 2025. Passed by the Senate April 17, 2023 Yeas 97 Nays 0 DEHW HECK President of the Senate Passed by the House April 10, 2023 Yeas 98 Nays 0 LAURIE JINKINS Speaker of the Bouse of Representatives Approved May 8, 2023 1:17 PH JAY INSLEE Governor of the State of Washington CERIIFICATE I, Sarah Bannister, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE SENATE BILL 5290 as passed by the Senate and the House of Representatives on the dates hereon set forth. SARAH BANNISTER Secretary FILED May 10, 2023 Secretary of State State of Washington Overview of the changes Clarify what constitutes a complete application and the determination requirements Clarify time -period exclusions and additions to the decision timeline Add a reference allowing for refunds if decision timelines are not met Housekeeping items 10 required Clarifies existing language Clarifies and adds to existing language Adds language Clarifies ti f✓ r Does not change review process General Permit Process Overview 28 days 14 days 14 / 30 days 15 days -------------------------- f Counter Complete Notice of Review Notice of Public ; Hearin Decision Complete ompApplication Period Hearing g -------------- 120 calendar days / 90 calendar days • 13111 C 17.80.100 Fmlb�eComplete determination. A. 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 pers o the applicant that the application is fully - complete, or that the application is if -incomplete and that the procedural submission requirements have not been met. If, incomplete, Tthe determination shall outline —,ekst--of what is required to make the application complete._ Upen receipt of the Fequested material, the department shaI4 conduct aplether review and fespend as set forffi above, 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 shall be provided to the applicant. An application shall be deemed Complete on the 29th day after receiving a project permit application if the City does not provide a written determination to the applicant that the application is incomplete. The number of days shall be calculated bi+ counting every calendar dater. Complete (vested / CLOCK STARTS) Proposed Text Changes • Determination of Completeness — procedurally complete Counter Complete Notice of Application » Review Period Noticeof Public Hearing Decision • 1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City, including but not limited to the preparation of an environmental impact statement; 23. Time between submittal and resolution of an appeal; er 34. Any extension of time mutually agreed upon by the applicant and the City in writing,_ 4. Any time period excluded pursuant to chapter 36.70B RCW. Complete Notice of Public Notice of Application Review Period Hearing M Proposed Text Changes • Final Decision Timeline — decision timeline restart Counter Complete Complete Notice of Review Period Notice of Public r Hearing (vested / clock starts) Application Hearing Decision Timeline — decision timeline cle E. M at any time, an applicant informs the City, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the City has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for issuing a final decision. Any written notice from the City to the applicant that additional information is required to further process the application must include a notice that nom-eMonsiveness for 60 consecutive days may result in 30 days being added to the time for review. For the purpose of this subsection, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the City, or that there is no ongoing communication from the applicant to the City on the applicant's ability or willingness to provide the additional information. CompleteNotice of Notice of Public I I ��® Application Review Period Hearing Hearing Proposed Text Changes • Final Decision Timeline — refund when decision timeline not met by City Complete Notice of Notice of Public Counter Complete Application Review Period Hearin Hearing 1 (vested /clock starts) Pp � 9 Proposed Text Changes • Housekeeping — "fully complete" changed to "complete" throughout the chapter • Other non -substantive clarifying text changes Example Staff Recommendation Based on the requirements of SVMC 17.80.150.F staff recommends the Planning Commission recommend that the City Council approve CTA-2024- 0001 Next Steps SB 5290 • Adopted 2023 • CTA-2024-0001 initiated —August 2024 Planning Commission • Study Session — October 10, 2024 • Public Hearing — October 24, 2024 • Findings of Fact — November 14, 2024 Recommend: Council adopt; Council not adopt; make no recommendation SPOKA EVHI e. F.YCIiYHPtL City Council • Admin Report — November 26, 2024 • Ordinance 1st Reading - December 10, 2024 • Ordinance 2nd Reading — December 17, 2024 (14mr I., i 4w DIIFSTIC I" --- PEW CTA-2024-0001 - Draft Page 1/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES Chapter 17.80 PERMIT PROCESSING PROCEDURES Sections: 17.80.010 Purpose and applicability. 17.80.020 Types of development applications. 17.80.030 Assignment of development application classification. 17.80.040 Exempt activities. 17.80.050 Development application requirements. 17.80.060 Final decision authority. 17.80.070 Required application procedures. 17.80.080 Preapplication conference. 17.80.090 Counter -complete determination. 17.80.100 F+IiTeComplete determination. 17.80.110 Notice of application. 17.80.120 Notice of public hearing. 17.80.130 Final decision. 17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area -wide rezones. 17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24. 17.80.160 Optional consolidated review process. 17.80.170 Vesting of applications. 17.80.010 Purpose and applicability. A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision -making procedures for reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to: 1. Ensure prompt review of development applications; 2. Provide for necessary public review and comment on development applications; 3. Minimize adverse impacts on surrounding land uses; 4. Encourage flexibility and innovation in the design and layout of development proposals; and 5. Ensure consistency with the Comprehensive Plan and development regulations. B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC. 17.80.020 Types of development applications. Land use and development applications are 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 in SVMC 17.80.040 CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 2/17 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below: Table 17.80-1— Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross -Reference Accessory dwelling units 19.40 Administrative determinations by city manager or designee or building official Multiple Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building pemdts not subject to SEPA 21.20.040 Floodplain development 21.30 Grading pemtits 24.50 Type I Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding site plan 20.60.030 Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121; 22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision, or binding site plan 20.30.060 Alterations — preliminary and final short subdivisions and preliminary and final binding site plans (where there is no alteration of a public dedication) 20.60 Binding site plan — preliminary and final 20.50 Emergency shelter and emergency housing 19.45 Minor alterations— preliminary subdivisions 20.50 Permanent supportive housing 19.45 Type 11 SEPA threshold determination 21.20.060 Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision — preliminary and final 20.30, 20.40 Transitional housing 19.45 CTA-2024-0001 - Draft Page 3/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES Type Land Use and Development Application SVMC Cross -Reference Transitional parking programs 19.45 Vacation — short subdivisions and binding site plans where there is no vacation of an area designated or dedicated for public use 20.70 Wireless communication facilities 22.120 Alterations — final subdivisions (where a public hearing is requested) 20.50 Alterations — preliminary and final short subdivisions and preliminary and final binding site plans (where there is alteration of a public dedication) 20.60 Conditional use permits 19.150 Type III Subdivisions — preliminary 20.30 Substantial alterations— preliminary subdivisions 20.50 Vacation — subdivision; short subdivisions and binding site plans where there is vacation of an area designated or dedicated for public use 20.70 Variance 19.170 Zoning map amendments (site -specific rezones) 19.30.030 Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Type IV Area -wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions. D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities. E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. 17.80.040 Exempt activities. A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt from the procedural requirements of Chapter 17.80 SVMC: 1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES 2. A change of any legally established use is exempt, unless the change of use requires: a. An increase in the number of parking spaces provided; b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits; c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or d. Review by SEPA. 3. Final subdivisions, short subdivisions, and binding site plans. 4. Building permits that are not subject to SEPA. Page 4/17 5. 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. 6. Sign permits. 7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130 SVMC, Site Plan Review. B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable standards and requirements of the SVMC. 17.80.050 Development application requirements. A. Application Forms. All applications shall be made on forms provided by the department. The city manager or designee shall have authority to modify application forms. B. Submittal Information. All applications shall include the information required in applicable provisions of the SVMC as identified in Table 17.80-2 and other additional information required by the department. C. Land use and development applications shall be signed by the owner(s) of the property. D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties. 17.80.060 Final decision authority. The final decision for application type shall be made by: A. Type I — the department. B. Type II — the department. C. Type III — the hearing examiner. D. Type IV — the city council preceded by a recommendation by the planning commission. 17.80.070 Required application procedures. The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150. Table 17.80-2 — Permit Type and Land Use Application Pre -application Counter -complete Full Lomplete Notice of Notice ofublic Final decision Application Type conference determination determination application pand notice 17.80.080 17.80.090 17.80.100 1 17.80.110 1 hearing 17.80.120 17.80.130 CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 5/17 Pre -application Counter -complete Fadl"Lomplete Notice of Notice ofublic p Final decision Application Type conference determination determination application nearing 17.80.120 and notice 17.80.080 17.80.090 17.80.100 17.80.110 17.80.130 I 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 O Optional N/A Not Applicable *Does not apply to SEPA thresbold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements. **Except for short subdivisions and binding site plans which require a pre -application meeting. 17.80.080 Preapplication conference. A. Purpose. To provide the 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. B. Preapplication. Type II and III applicants shall schedule a preapplication conference and provide information requested in advance of the meeting. C. Preapplication Waivers. The city manager or designee may waive the preapplication 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. 17.80.090 Counter -complete determination. A. 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. B. 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. C. Counter -Complete Application. Counter -complete applications shall be accepted for review for Cully -complete determination. 17.80.100 F441y-eComplete determination. A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar days, provide a written determination deli• efed by mail of in _e_,e_ to the applicant that the application is fu43` complete, or that the application is if -incomplete and that the procedural submission requirements have not been met. I£ incomplete, Tthe determination shall outline ; a4FA-af 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 shall be provided to the applicant. An application shall be deemed complete on the 29th day after receiving a project permit application if the City does not provide a written determination to the applicant that the aDDlication is incomplete. The number of days shall be calculated by counting every calendar da B. The City shall notify the applicant whether an application is Cully -complete or what additional information is necessary within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application. C. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days, the department shall: CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES 1. Reject and return the application; Page 6/17 2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the f''a�complete review process without additional fees; provided, that the required information is provided by a date specified by the department; or 3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80 percent of the fees submitted. D. c"'�ly-complete Application. A project permit application is complete for purposes of this section, SVMC 17.80.100, when it meets the procedural submission requirements as outlined on the project permit application. Once the department determines that an application is fu11y-complete, the department shall, within 14 calendar days, issue a notice of application pursuant to SVMC 17.80.110. E. Request for Additional Information. A fiAly-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. F. Revocation. An application's F.l�omplete status may be revoked if the department determines that the applicant intentionally submitted false information. In the event an applicant's F.l�omplete status is revoked, the applicant shall lose any rights granted pursuant to SVMC 17.80.170. 17.80.110 Notice of application. A. Contents. The department shall issue a notice of application within 14 calendar days after an application is determined filly -complete. 1. All notices of applications shall include the following: a. The case file number(s), the date of application, and the date a F.l�omplete application was filed; b. 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; c. The proposed SEPA threshold determination, if applicable; d. The identification of any existing environmental documents that may be used to evaluate the proposed project; e. 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; 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. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; h. A map showing the subject property in relation to other properties or a reduced copy of the site plan; i. 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; and j. Any additional information determined appropriate by the department. 2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type II notice of application shall state: CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 7/17 a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; b. 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; c. That, after the comment period closes, the department shall issue a Type II notice of decision. 3. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type III application shall state: a. That a staff report shall be available for inspection at least seven calendar 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. B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: 1. The applicant; 2. All adjacent property owners of record as shown on the most recent property tax assessment roll; 3. Any governmental agency entitled to notice; and 4. Any person filing a written request for a copy of the notice of application. C. Type I Exception. A notice of application is not required for Type I applications. D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III 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 either submit a written response to these comments within 14 calendar days from the date the comments are mailed or waive the response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be provided to the department in writing. The department, in making its decision on the application, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including email communications, submitted by the applicant. 17.80.120 Notice of public hearing. A public hearing is required for Type III applications. Unless otherwise indicated, public hearings under Title 17 SVMC shall be conducted by the hearing examiner pursuant to Appendix B. A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information: 1. The application and/or project number; 2. Project summary/description of each project permit application; 3. The designation of the hearing body; 4. 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; 5. General project location, vicinity, address, and parcel number(s), if applicable; 6. 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; CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 8/17 7. 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; 8. A statement regarding the appeal process; and 9. The date when the staff report will be available and the place and times where it can be reviewed. B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at least 15 calendar days prior to the hearing date and shall be distributed as follows: 1. Notice by Mail. All property owners within 400 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 a 400-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 assessor's/treasurer's database as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: a. Agencies with jurisdiction (SEPA); b. Municipal corporations or organizations with which the City has executed an interlocal agreement; and c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include, but are not limited to, circumstances such as large neighboring properties which limit the number of properties receiving notice within the 400-foot radius, known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public notice. 2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four 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: a. A minimum of two-inch border on the top, sides, and bottom of the sign; b. The first line in four -inch letters shall read "Notice of Public Hearing'; c. Spacing between all lines shall be a minimum of one inch; and d. The text of the sign shall include the following information in a minimum of one -inch letters: i. Proposal; ii. Applicant; iii. File number; iv. Hearing (date and time); v. Location; and vi. Review authority. 3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 9/17 C. Hearing Procedures. All required hearings shall be conducted by the hearing examiner pursuant to Appendix B. D. Scheduling of Hearings. 1. 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 pursuant to RCW 36.70B.110. 2. 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. 3. The hearing examiner may consolidate applications involving the same or related properties for hearing. E. Staff Reports. 1. 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 subject to a public hearing. 2. 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 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. 3. 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. 4. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner. F. Site Inspections. 1. The hearing examiner may make site inspections, which may occur at any time before the hearing examiner renders a final decision. The hearing examiner need not give notice of the intention to make an inspection, unless the site inspection will require the hearing examiner to enter the property, in which case the hearing examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process and the hearing examiner will not engage in substantive discussions with the owner/applicant. 2. 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 a written response to such information or reopen the hearing and/or record to consider the information. 17.80.130 Final decision. A. Timeline to Make Final Decision — Type 1. 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 fa11y-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. B. Timeline to Make Final Decision — Type 11 and III. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 calendar days for subdivisions) after the date a fally complete determination is made. C. This period shall not include: CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 10/17 1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City, including but not limited to the preparation of an environmental impact statement; 23. Time between submittal and resolution of an appeal; of 34. Any extension of time mutually agreed upon by the applicant and the City in writing;, 4. Any time period excluded pursuant to chapter 36.7013 RCW. D. The time periods for the City to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements from the original application that would make the application fail to meet the determination of procedural completeness for the new use. E. If, at any time, an applicant informs the City, in writing, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days after the City has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days may be added to the time periods for issuing a final decision. Any written notice from the City to the applicant that additional information is required to further process the application must include a notice that nomesponsiveness for 60 consecutive daffy result in 30 daysg added to the time for review. For the puUose of this subsection, "nomesponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the City, or that there is no ongoing communication from the applicant to the City on the applicant's ability or willingness ss to provide the additional information. FQ The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G). GB. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; 2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable; 3. The date the decision shall become final, unless appealed; 4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the decision; 5. 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; 6. 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; 7. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; 8. A statement of the basis of decision pursuant to the SVMC and other applicable law; 9. The reasons for a conclusion to approve, approve with conditions, or deny the application; 10. 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 CTA-2024-0001 - Draft Page 11/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES 11. The date the final decision is mailed. EH. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: 1. The applicant; 2. Any governmental agency entitled to notice; 3. Any person filing a written request for a copy of the notice of application or the final decision; and 4. 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. 1. Where a final decision is made after the applicable timelines in SVMC 17.80.130, a portion of the permit fee maybe refunded pursuant to RCW 36.7013.0800)(1). 17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area -wide rezones. A. Initiation. Comprehensive Plan amendments and area -wide rezones may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. Applicant Initiated. Comprehensive Plan amendments and area -wide rezones shall be subject to a preapplication conference, counter -complete, and filly -complete determinations pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. The date upon At4y-complete determination shall be the date of registration with the department. 2. Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed on the register. D. Register of Comprehensive Plan Amendments and Area -Wide Rezones. The department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty calendar days prior to November 1 st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: a. Notice published in an appropriate regional or neighborhood newspaper or trade journal; b. Notice posted on all of the City's official public notice boards; and c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. 2. 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. 3. 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. I 30(2)(a). CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 12/17 F. Notice of Public Hearing. Comprehensive Plan amendments and area -wide rezones require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; d. The date, time, and place of the public hearing; e. A statement of the availability of the official file; and f. 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. 2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B). G. Planning Commission Recommendation — 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: 1. 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 the city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal; 2. 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; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or (2), the proposal will be sent to the city council with the notation that the planning commission makes no recommendation. H. Approval Criteria. 1. The City may only approve Comprehensive Plan amendments and area -wide zoning map amendments if it finds that: a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; b. 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; c. 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; d. The proposed amendment corrects an obvious mapping error; or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; CTA-2024-0001 - Draft Page 13/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES b. The effect on open space, streams, rivers, and lakes; c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; e. The benefit to the neighborhood, city, and region; f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; g. The current and projected population density in the area; and h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If the modification is substantial, the city council shall either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.140(I)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. J. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. 17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24. A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The department, planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. After submittal of an applicant -initiated application, the application shall be subject to a preapplication conference, counter -complete determination, and omplete determination pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. 2. After submittal, the application shall be placed on the next available planning commission agenda. CTA-2024-0001 - Draft Page 14/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES D. Notice of Public Hearing. Amendments require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. The date, time, and place of the public hearing; d. A statement of the availability of the official file; and e. 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. 2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and the main branch of the library. E. Planning Commission Recommendation — 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: 1. 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 the city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal; 2. 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; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or (2), the proposal shall be sent to the city council with the notation that the planning commission makes no recommendation. F. Approval Criteria. The City may approve amendments to the SVMC if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. G. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If modification is substantial, the city council must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. CTA-2024-0001 - Draft Page 15/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.150(G)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. H. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. 17.80.160 Optional consolidated review process. A. 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: 1. Preapplication Meeting. A single preapplication meeting will be conducted for all applications submitted under the optional consolidated review process. 2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated determination of completeness will be made pursuant to SVMC 17.80.100. 3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.80.110. 4. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. 5. The City shall 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. 6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice shall include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application. 7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type III project permit applications subject to a public hearing. 17.80.170 Vesting of applications. A. Purpose. The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the needs of the City and consistent with state law. B. Vested Rights. Except for rezones, an application for a land use or development application type set forth in Table 17.80-1 shall be considered under the development regulations in effect on the date a fall} -complete application is Sled, pursuant to SVMC 17.80.100.1 C. Vested Rights for Subsequent Building Permits or Land Disturbing Activity Permits. Building permit or land disturbing activity permit applications that are filed subsequent to and related to a prior development permit or application of the types listed in SVMC 17.80.170(C)(1) through (14) shall be considered under the development regulations in effect at the time a complete application listed in SVMC 17.80.170(C)(1) through (14) is filed pursuant to SVMC 17.80.100. 1. Accessory dwelling unit; 2. Boundary line adjustment or elimination; CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES 3. Floodplain development; 4. Site plan; 5. Binding site plan; 6. Shoreline substantial development permit; 7. Shoreline conditional use permit; 8. Shoreline nonconforming use or structure review; 9. Shoreline variance; 10. Shoreline letter of exemption; 11. Short subdivision; 12. Conditional use permit; and 13. Subdivision. Page 16/17 However, an applicant filing a complete application for any subsequent building permit or land -disturbing activity permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the permit(s) or approval(s) applied for in the application types listed in SVMC 17.80.170(C)(1) through (14). D. Development Regulations. For the purpose of SVMC 17.80.170, "development regulation'' means those provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land, including provisions that control or affect the type, degree, or physical attributes of land development or use. For purposes of SVMC 17.80.170, "development regulation" does not include fees or procedural regulations. E. Applicability of Current Building Code. A complete building permit application shall always be subject to that version of SVMC Title 24 in effect at the time the building permit application is submitted. F. Rezones Not Acquiring Vested Rights. Notwithstanding any other provision in SVMC 17.80.170, any application dependent on approval of a rezone application shall not acquire vested rights to any particular development regulations until the underlying rezone is approved. At that time, the application dependent on approval of a rezone shall be considered under the development regulations in effect at the time the underlying rezone is approved. G. Waiver of Vested Rights. At any time during the processing of an application, an applicant may voluntarily opt to have all applications for a project be governed by development regulations in effect on a date later than the date provided pursuant to SVMC 17.80.170(B) through (F). The applicant may exercise that option by delivering a written and signed waiver to the department stating that the property owner agrees: 1. To waive all rights provided pursuant to SVMC 17.80.170(B) through (F) and any related vested rights claim they may have with the application; 2. To have all applications for the project be governed by all development regulations in effect on the date of delivery of the waiver, subject to the limitations set forth in SVMC 17.80.170(B) through (F); 3. That any change or modification to the project required or desired pursuant to new development regulations may result in a new determination of whether the application is still A4y-complete based upon the changes. In the event the application or project is changed such that it is no longer filly -complete, the applicant shall provide such information as is required to render the modified application A''�omplete and the applicant shall agree to reset the time period for permit review and processing to the date the modified application is determined to be€illy-complete; and CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 17/17 4. That any change or modification to the project may require additional review and processing, revised public notice, and additional public hearings as required pursuant to Chapter 17.80 SVMC. In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1) through (4), the application shall be considered under the development regulations in effect on the date of delivery of the waiver or, if necessary, the new date a modified application is determined AAI).-complete, and any other subsequent building permit or land disturbing activity permit applications subject to SVMC 17.80.170(C) shall be considered under the development regulations in effect on the date of delivery of the waiver, or if necessary, the new date a modified application is determinedPally-complete.