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HomeMy WebLinkAbout2024-11-14 - Agenda PacketSpokane jValley Notice and Agenda For Regular Meeting Spokane Valley Planning Commission Thursday, November 14, 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 November 14, 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 accepted 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 plannin ,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: hiips://spokanevallgy.Zoom.us/i/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 24, 2024 6. COMMISSION REPORTS 7. ADMINISTRATIVE REPORT 8. PUBLIC COMMENT: This is an opportunityfor 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. Findings Of Fact: CTA-2024-0001 -Amendments to Chapter 17.80 Permit Processing (Presented By Martin Palaniuk) b. Motion Consideration: 10. FOR THE GOOD OF THE ORDER 11. ADJOURNMENT Regular Meeting Minutes Spokane Valley Planning Commission Spokane Valley City Hall October 24, 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. A fifteen -minute recess was called to allow the remaining Planning Commission Member to arrive. The meeting was called back to order at 6:15 pm. 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 Michael Kelly, absent Bob McKinley John Robertson Vadim Smelik, absent Justin Weathermon Dan Wilson, absent Tony Beattie, Deputy City Attorney Lori Barlow, Senior Planner Martin Palaniuk, Associate Planner Miguel Aguirre, IT Specialist Marianne Lemons, Administrative Assistant There was consensus to excuse Commissioner Wilson, Commissioner Kelly, & Commissioner Smelik from the meeting. III. AGENDA: Commissioner Weathermon moved, and it was seconded, to approve the meeting agenda for August 24, 2024. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. IV. MINUTES: Commissioner Robertson moved, and it was seconded, to approve the meeting minutes for the October 10, 2024 meeting. There was no discussion. The vote on the motion was three in favor, one abstention, and the motion passed. V. COMMISSIONER REPORT: Vice -Chairman Delucchi reported that she visited California and roads in Washington are much better than California. VI. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported that the City broke ground on the Spokane Valley Cross -Country course in partnership with Spokane Sports. She also stated that the course has already been booked for the 2027 Division Men's and Women Cross -Country Regionals. 10-24-2024 Planning Commission Minutes Page 2 of 4 VIL PUBLIC COMMENT: Mike Thacker (Spokane Valley) expressed concern about the Notice of Application he received for the Family Promise Transitional Housing Use (CSA-2024-0002) located at 17103 E Main Avenue. He stated that he did not understand the process and why Family Process was being given the opportunity to request Transitional Housing at this location when the Planning Commission recommended denial of their Comprehensive Plan Amendment, and the matter was not put through to the City Council for consideration. Mr. Thacker had a lot of questions regarding the planning process and Senior Planner Lori Barlow provided some information to Mr. Thacker and stated that she would reach out to him outside of the meeting to explain the matter in detail. Mr. Thacker stated that his objections to the project were as follows: Family Promise should not be allowed to "get another bite of the apple", the project is located too close to a school with no proposed road improvements, traffic on Flora Road, the proposed location is a single-family home and they are planning to put two families per bedroom with only bathroom, there is no on -site parking, Family Promise does not require background checks or drug tests, there's no one that will be monitoring the comings and going of the families or others, and it will tax the police and fire department with additional services needed. VIIL COMMISSION BUSINESS: a. Public Hearing: CTA-2024-0001 — Amendments to Chapter 17.80 Permit Processing The public hearing was opened at 6:36 a.m. 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 time -period exclusions and additions 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. Mr. Palaniuk explained the process and the timelines that the City is currently following. He then outlined the proposed changes that are required due to SB5290. They are as follows: Complete 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. 10-24-2024 Planning Commission Minutes Page 3 of 4 Decision Timeline: 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. 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: o 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. o 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 an additional 30 days to the decision timeline. Application Refund: 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 Mr. Palaniuk stated that the staff recommendation for CTA-2024-0001 is to recommend approval to the City Council. He also explained that the Planning Commission recommendation will be formalized in the Findings of Fact that will be presented for approval at the next meeting. The item will then be forwarded to the City Council for final approval. Vice -Chair Delucchi asked the consequences of not adopting the requirements in SB5290. Mr. Palaniuk responded that if the jurisdiction does not adopt their own outlined timelines, the State guidelines outlined in SB5290 will automatically go into effect on January 1, 2025. The public hearing was closed at 6:59 p.m. Vice -Chairman Delucchi moved and it was seconded to recommend approval of CTA-2024-0001 to the City Council with changes to Section 17.80.100 (B) to read as follows: 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. There was no discussion. The vote on the motion was four in favor, zero against, and the motion passed. IX. GOOD OF THE ORDER: Chairman McKinley stated that he will not be at the November 14, 2024 Planning Commission Meeting. X. ADJOURNMENT: Commissioner Robertson moved, and it was seconded, to adjourn the meeting at 7:05 p.m. The vote on the motion was four in favor, zero against, and the motion passed. 10-24-2024 Planning Commission Minutes Page 4 of 4 Bob McKinley, Chairman Date Signed Marianne Lemons, Secretary CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 14, 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 Findings of Fact GOVERNING LEGISLATION: Chapter 36.70B RCW Chapter 17.80 SVMC and 19.30.040 PREVIOUS COMMISSION ACTION: Study Session 10/10/2024, Public Hearing 10/24/2024. 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. On October 10, 2024, the Planning Commission conducted a study session; on October 24, the Planning Commission conducted a public hearing followed by deliberations. During deliberations the Planning Commission discussed changing to the wording of Section 17.80.100.B to make it more easily understood. A motion was made to amend the proposed language to include the change to SVMC 17.80.100.B and to recommend that the City Council adopt the proposed code text amendment. The Planning Commission voted 4-0 to recommend that City Council approve CTA- 2024-0001 as amended by the Planning Commission. ACTION OR MOTION: Move to approve the Findings and Recommendation of the Planning Commission for CTA-2024-0001 STAFF CONTACT: Martin Palaniuk, Associate Planner ATTACHMENTS: Draft CTA-2024-0001 Findings of Fact CTA-2024-0001 Staff Report 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 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION CTA-2024-0001 Proposed Amendment to Spokane Valley Municipal Code (SVMC) Pursuant to SVMC 17.80.150(E) the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. Background: In 1995 the State of Washington adopted the Local Project Review Act and enacted chapter 36.70B RCW, the Local Project Review Act, as the statewide framework for local government land use planning review and development permitting 2. Pursuant to RCW 36.70A.130, Spokane Valley adopted its 2016 Comprehensive Plan Update and updated development regulations on December 13, 2016, with December 28, 2016, as the effective date. 3. Chapter 17.80 SVMC, Permit Processing Procedures, establishes standardized decision -making procedures for reviewing development and land use applications within the City of Spokane Valley. 4. In the spring of 2023, the State of Washington adopted Senate Bill 5290 amending chapter 36.70B RCW. 5. CTA-2024-0001 is a City -initiated code text amendment to chapter 17.80 SVMC revising permit processing procedures and timelines in accordance with statutory amendments to chapter 36.70B RCW. 6. The Planning Commission held a properly noticed public hearing and conducted deliberations on October 24, 2024. The Commissioners voted 4-0 to recommend that the City Council approve the amendment with changes to section 17.80.100.B that clarified the language. Planning Commission Findings: 1. Compliance with SVMC 17.80.150(F) Approval Criteria a. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Findings: The proposed amendment is consistent with the following goals and policies of Comprehensive Plan: 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. Conclusion: The proposed text amendment is consistent with the goals and policies of the Comprehensive Plan. b. The proposed amendment bears a substantial relation to public health, safety, welfare and protection of the environment. Findings: 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 will ensure that the permit review process will begin when an applicant has submitted all the items required on the permit application and is processed efficiently. The land use application review Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0001 Page t of 2 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION and approval process will continue to adhere to established decision timelines and provide for public comments on development that affects the community. The timelines for permit processing are appropriate and necessary for a planning staff of four in a City with a population of over one hundred thousand people. The City continues to provide superior and efficient service to developers and outreach to citizens within the timelines established by the code. Conclusion: The proposed text amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. 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 is consistent with the requirements of SVMC 17.80.150(F) and the Comprehensive Plan. 2. Recommendation: For the reasons stated above the Spokane Valley Planning Commission recommends that the City Council approve CTA-2024-0001 with the recommended change to section 17.800.100.B. Attachment: Exhibit 1 — Proposed Amendment CTA-2024-0001 Approved this 14`h day of November 2024 Planning Commission Chair ATTEST Marianne Lemons, Office Assistant Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0001 Page 2 of 2 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 Fully-eComplete 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 R 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 pumsuant to Table 17.80-1 below: Table 17.80-1- Permit Type and Land Use Applicndoo Type Land Use and Development Applies fion SVMC Cross -Reference Accessory dwelling units 19.40 Admmistrative deteminatum, by city marager or desigra or building official Multiple Administrative exoepuou 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and elimimtions 20.80 Building permits act subject to SEPA 21.20.040 Floodplaindevelopment 21.30 Grading permits 24.50 Type 1 Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record ofsurvey to establish lots within a binding site plan 20.60.030 Rightuf--way permits 22.130.100 site plan A. 19.130 Small cell permit 22.121; 22.122 Temporary no, 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 our 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 It 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 $bon subdivision -preliminary and final 20.30, 20.40 Tmnsitionelbousing 19.45 CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 3/17 Type Land Use aad Development Applieation SVMC Crone -Reference Transitional parking programs 19.45 Vacation- short subdivisions and binding site plans when there is no vacation ofan area designated or dedicated for publicuse 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 tbere is alteration ofa 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 ofan amen designated or dedicated for public use 20.70 Variance 19.170 Zoning map amendments (siteapecific rezones) 19.30.030 Annual Comprehensive Plan amendments (tart and/or map) 17.80.140 Type W 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 many 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 by 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 Page 4/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES 2. A change o£any legally established use is exempt, unless the change o£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. 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 properly. 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, 11, 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 Ule Application AppacaOon Type) Pr17 rye,.ra .1180 Udel Za0. it Ind de o100 aPpRea 10 I�srt gIZ80.1120 Paad 8.6. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 5/17 Pre -application Counter -complete Putby complete Notice of Notice ofpchic Final decision Application Type conference determivatinn deterndnation -pp hesdpg U.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 *11 **O X X X N/A X III X X X X X X XRe,arod OOptional N/ANot Applicable *Does not apply to SEPA dreahold derennaretions. Refer to SVMC 21.20.070(BX2) for noticing ro3uirements. **Except for shun subdivisions and binding site plans whichrequire apre-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 concems in advance of a formal application. B. Preapplication. Type 11 and Ill applicants shall schedule a preapplication conference and provide information requested in advance of die 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 in 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 fnl y-complete determination. 17.80.100 Pally-eComplete determination. A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar days, provide a written determination dek efed by mail tor in person to the applicant that the application is fu8y- to make the application complete._ Commented 1TB2]: Scrivener's error 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 B. Within 14 days after the applicant has submitted any additional information identified by the City as necessary. Tthe City shall notify the applicant whether the mtrapplication is fuNy-complete or what additional information is accessary, CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 6/17 C. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days, the department shall: 1. Reject and return the application; 2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the ttly-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. Fully -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 P& 4y-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 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. F. Revocation. An application's €n44ycomplete status may be revoked if the department determines that the applicant intentionally submitted false information. In the event an applicant's fully -complete 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 determinedfully-complete. 1. All notices of applications shall include the following: a. The case file number(s), the date of application, and the date a €inky -complete 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 time, address, and telephone number of 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; It. 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 time and telephone number of the City representative fo contact about the application; and j. Any additional information determined appropriate by the department. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 7/17 2. In addition to the requirements listed in SVMC 17.80.110(A)(I), a Type II notice of application shall state: 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 war from the department; c. That, after the comment period closes, the department shall issue a Type B 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 11 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 moments 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 Heating. Notices of public heating 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 nrles of procedure adopted by the hearing body; 5. General project location, vicinity, address, and parcel number(s), if applicable; CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 8/17 6. The time of the applicant or applicant's authorized representative and the time, address, and telephone number of a contact person for the applicant, if any; 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'shreasurer'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. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 9/17 3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. 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 famished, 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 in 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 €gly-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 B and ID. The final decision on a Type H and III application shall be made not more than 120 calendar days (90 calendar days for subdivisions) after the date a €u0y-complete determination is made. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES C. This period shall not include: 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; 2. Time spent preparing an environments! impact statement-, 23. Time between submittal and resolution of an appeal; or 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. 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 Citv has notified the applicant, in writing, that additional information is required to further process the application, an additional 30 days maybe added to the time periods for issuing a final decision. Anv written notice from the Citv to the applicant that additional information is required to further process the application must include a notice that nonresponsiveness 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 makine demonstrable progress on providing additional requested information to the Citv or that there is no ongoing communication from the applicant to the City on the applicant's ability or willinimess to provide the additional information. K. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G). GD. 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 conceming the appeal; 6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of approval, if my, 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; CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 11/17 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 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. I. Where a final decision is made after the applicable timelines in SVMC 17.80.130 a portion of the permit fee may be refunded pursuant to RCW 36.70B.080(1)(0. 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 owners) 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 Pull) -complete determinations pursuant to SVMC 17.80.080, 17.80,090, and 17.80.100. The date upon firlly-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 tat 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 tat of the current calendar year shall be included in the annual review. Those registered after November tat of the calendar year shall be placed on the register for review at the following annual review. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 12/17 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. 130(2)(a). 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 concortently, 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. CTA-2024-0001 -Draft Page 13/17 Chapter 17.80 PERMIT PROCESSING PROCEDURES 2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment' 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 o£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 It. 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 roles. 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)(I) 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 o£the proposal, a copy of the final decision shall be forwarded to Commerce. 17.80.150 Type tV applications — Text amendments to SVMC Titles 17 through 24. A. Initiation. Test amendments to SVMC Titles 17 through 24 may be initiated by any of the following: 1. Property owaer(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. CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 14/17 1. After submittal of an applicant-inifiated application, the application shall be subject to a preapplication conference, counter -complete determination, and €ully-complete 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. 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 roles. 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; CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 15/17 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. 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)(I) 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. When 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 ro 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 fnlly-complete application is filed, 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) 0rrough (14) shall be considered under the development CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 16/17 regulations in effect at the time a complete application listed in SVMC 17.80.170(C)(1) through (14) is filed paramour SVMC 17.80.100. 1. Accessory dwelling unit; 2. Boundary line adjustment or elimination; 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. 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 in 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 m 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 4ally-complete based upon the changes. In CTA-2024-0001 - Draft Chapter 17.80 PERMIT PROCESSING PROCEDURES Page 17/17 the event the application or project is changed such that it is no longer €uNy-complete, the applicant shall provide such information as is required to render the modified application Pally -complete 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 fi4ly-complete; and 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 1780.170(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 €uNy-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 determined €rally -complete. [a)0l 4008:0C AN0to]411W01 Mal INN amahhYY 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 47 Nays 0 DENNY HECK President of the Senate Passed by the House April 10, 2023 Yeas 98 Nays 0 LAURIE JINKINS Speaker of the House of Representatives Approved May 8, 2023 1:17 PM JAY INSLEE Governor of the State of Washington CERTIFICATE 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 SECOND SUBSTITUTE SENATE BILL 5290 AS AMENDED BY THE HOUSE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Senate Ways & Means (originally sponsored by Senators Mullet, Kuderer, Fortunato, Liias, Nobles, Saldana, and C. Wilson; by request of Office of the Governor) READ FIRST TIME 02/24/23. 1 AN ACT Relating to consolidating local permit review processes; 2 amending RCW 36.70B.140, 36.70B.020, 36.70B.070, 36.70B.080, and 3 36.70B.160; reenacting and amending RCW 36.70B.110; adding new 4 sections to chapter 36.70B RCW; creating new sections; and providing 5 an effective date. 6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 7 Sec. 1. RCW 36.70B.140 and 1995 c 347 s 418 are each amended to 8 read as follows: 9 (1) A local government by ordinance or resolution may exclude the 10 following project permits from the provisions of RCW 36.70B.060 11 through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark 12 designations, street vacations, or other approvals relating to the 13 use of public areas or facilities, or other project permits, whether 14 administrative or quasi-judicial, that the local government by 15 ordinance or resolution has determined present special circumstances 16 that warrant a review process or time periods for approval which are 17 different from that provided in RCW 36.70B.060 through 36.70B.090 and 18 36.70B.110 through 36.70B.130. 19 (2) A local government by ordinance or resolution also may 20 exclude the following project permits from the provisions of RCW 21 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary P. 1 2SSB 5290.SL 1 adjustments and building and other construction permits, or similar 2 administrative approvals, categorically exempt from environmental 3 review under chapter 43.21C RCW, or for which environmental review 4 has been completed in connection with other project permits. 5 (3) A local government must exclude project permits for interior 6 alterations from site plan review, provided that the interior 7 alterations do not result in the following: 8 (a) Additional sleeping Quarters or bedrooms; 9 (b) Nonconformity with federal emergency management agency 10 substantial improvement thresholds; or 11 (c) Increase the total square footage or valuation of the 12 structure thereby requiring upgraded fire access or fire suppression 13 systems. 14 (4) Nothing in this section exempts interior alterations from 15 otherwise applicable building, plumbing, mechanical, or electrical 16 codes. 17 (5) For purposes of this section, "interior alterations" include 18 construction activities that do not modify the existing site layout 19 or its current use and involve no exterior work adding to the 20 building footprint. 21 NEW SECTION. Sec. 2. A new section is added to chapter 36.70B 22 RCW to read as follows: 23 (1) Subject to the availability of funds appropriated for this 24 specific purpose, the department of commerce must establish a 25 consolidated permit review grant program. The department may award 26 grants to any local government that provides, by ordinance, 27 resolution, or other action, a commitment to the following building 28 permit review consolidation requirements: 29 (a) Issuing final decisions on residential permit applications 30 within 45 business days or 90 calendar days. 31 (i) To achieve permit review within the stated time periods, a 32 local government must provide consolidated review for building permit 33 applications. This may include an initial technical peer review of 34 the application for conformity with the requirements of RCW 35 36.70B.070 by all departments, divisions, and sections of the local 36 government with jurisdiction over the project. 37 (ii) A local government may contract with a third -party business 38 to conduct the consolidated permit review or as additional inspection p. 2 2SSB 5290.SL 1 staff. Any funds expended for such a contract may be eligible for 2 reimbursement under this act. 3 (iii) Local governments are authorized to use grant funds to 4 contract outside assistance to audit their development regulations to 5 identify and correct barriers to housing development. 6 (b) Establishing an application fee structure that would allow 7 the jurisdiction to continue providing consolidated permit review 8 within 45 business days or 90 calendar days. 9 (i) A local government may consult with local building 10 associations to develop a reasonable fee system. 11 (ii) A local government must determine, no later than July 1, 12 2024, the specific fee structure needed to provide permit review 13 within the time periods specified in this subsection (1)(b). 14 (2) A jurisdiction that is awarded a grant under this section 15 must provide a quarterly report to the department of commerce. The 16 report must include the average and maximum time for permit review 17 during the jurisdiction's participation in the grant program. 18 (3) If a jurisdiction is unable to successfully meet the terms 19 and conditions of the grant, the jurisdiction must enter a 90-day 20 probationary period. If the jurisdiction is not able to meet the 21 requirements of this section by the end of the probationary period, 22 the jurisdiction is no longer eligible to receive grants under this 23 section. 24 (4) For the purposes of this section, "residential permit" means 25 a permit issued by a city or county that satisfies the conditions of 26 RCW 19.27.015(5) and is within the scope of the international 27 residential code, as adopted in accordance with chapter 19.27 RCW. 28 NEW SECTION. Sec. 3. A new section is added to chapter 36.70B 29 RCW to read as follows: 30 (1) Subject to the availability of funds appropriated for this 31 specific purpose, the department of commerce must establish a grant 32 program for local governments to update their permit review process 33 from paper filing systems to software systems capable of processing 34 digital permit applications, virtual inspections, electronic review, 35 and with capacity for video storage. 36 (2) The department of commerce may only provide a grant under 37 this section to a city if the city allows for the development of at 38 least two units per lot on all lots zoned predominantly for 39 residential use within its jurisdiction. p. 3 2SSB 5290.SL 1 NEW SECTION. Sec. 4. A new section is added to chapter 36.70B 2 RCW to read as follows: 3 (1) Subject to the availability of amounts appropriated for this 4 specific purpose, the department of commerce must convene a digital 5 permitting process work group to examine potential license and 6 permitting software for local governments to encourage streamlined 7 and efficient permit review. 8 (2) The department of commerce, in consultation with the 9 association of Washington cities and Washington state association of 10 counties, shall appoint members to the work group representing groups 11 including but not limited to: 12 (a) Cities and counties; 13 (b) Building industries; and 14 (c) Building officials. 15 (3) The department of commerce must convene the first meeting of 16 the work group by August 1, 2023. The department must submit a final 17 report to the governor and the appropriate committees of the 18 legislature by August 1, 2024. The final report must: 19 (a) Evaluate the existing need for digital permitting systems, 20 including impacts on existing digital permitting systems that are 21 already in place; 22 (b) Review barriers preventing local jurisdictions from accessing 23 or adopting digital permitting systems; 24 (c) Evaluate the benefits and costs associated with a statewide 25 permitting software system; and 26 (d) Provide budgetary, administrative policy, and legislative 27 recommendations to increase the adoption of or establish a statewide 28 system of digital permit review. 29 Sec. 5. RCW 36.70B.020 and 1995 c 347 s 402 are each amended to 30 read as follows: 31 Unless the context clearly requires otherwise, the definitions in 32 this section apply throughout this chapter. 33 (1) "Closed record appeal" means an administrative appeal on the 34 record to a local government body or officer, including the 35 legislative body, following an open record hearing on a project 36 permit application when the appeal is on the record with no or 37 limited new evidence or information allowed to be submitted and only 38 appeal argument allowed. 39 (2) "Local government" means a county, city, or town. p. 4 2SSB 5290.SL 1 (3) "Open record hearing" means a hearing, conducted by a single 2 hearing body or officer authorized by the local government to conduct 3 such hearings, that creates the local government's record through 4 testimony and submission of evidence and information, under 5 procedures prescribed by the local government by ordinance or 6 resolution. An open record hearing may be held prior to a local 7 government's decision on a project permit to be known as an "open 8 record predecision hearing." An open record hearing may be held on an 9 appeal, to be known as an "open record appeal hearing," if no open 10 record predecision hearing has been held on the project permit. 11 (4) "Project permit" or "project permit application" means any 12 land use or environmental permit or license required from a local 13 government for a project action, including but not limited to 14 ((building permits,)) subdivisions, binding site plans, planned unit 15 developments, conditional uses, shoreline substantial development 16 permits, site plan review, permits or approvals required by critical 17 area ordinances, site -specific rezones (( 18 eemprehensi tan er sixbare ) ) which do not require a 19 comprehensive plan amendment, but excluding the adoption or amendment 20 of a comprehensive plan, subarea plan, or development regulations 21 except as otherwise specifically included in this subsection. 22 (5) "Public meeting" means an informal meeting, hearing, 23 workshop, or other public gathering of people to obtain comments from 24 the public or other agencies on a proposed project permit prior to 25 the local government's decision. A public meeting may include, but is 26 not limited to, a design review or architectural control board 27 meeting, a special review district or community council meeting, or a 28 scoping meeting on a draft environmental impact statement. A public 29 meeting does not include an open record hearing. The proceedings at a 30 public meeting may be recorded and a report or recommendation may be 31 included in the local government's project permit application file. 32 Sec. 6. RCW 36.70B.070 and 1995 c 347 s 408 are each amended to 33 read as follows: 34 (1)(a) Within ( (twenty eight) ) 28 days after receiving a project 35 permit application, a local government planning pursuant to RCW 36 36.70A.040 shall ((mail er)) provide ((in persen)) a written 37 determination to the applicant(( ng))_ 38 (b) The written determination must state either: 39 ((4a})) S2 That the application is complete; or p. 5 2SSB 5290.SL 1 (({b})) ii That the application is incomplete and that the 2 procedural submission requirements of the local government have not 3 been met. The determination shall outline what is necessary to make 4 the application procedurally complete. 5 (c) The number of days shall be calculated by counting every 6 calendar day. 7 (d) To the extent known by the local government, the local 8 government shall identify other agencies of local, state, or federal 9 governments that may have jurisdiction over some aspect of the 10 application. 11 (2) A project permit application is complete for purposes of this 12 section when it meets the procedural submission requirements of the 13 local government ((and is sid€€ieient ter eentin_ ed lareeessing 14 15 mebiieatiens may be undertaken =i_b ,i_ _nt'_1)) , as outlined on the 16 project permit application. Additional information or studies may be 17 required or project modifications may be undertaken subsequent to the 18 procedural review of the application by the local government. The 19 determination of completeness shall not preclude the local government 20 from requesting additional information or studies either at the time 21 of the notice of completeness or subsequently if new information is 22 required or substantial changes in the proposed action occur. 23 However, if the procedural submission requirements, as outlined on 24 the project permit application have been provided, the need for 25 additional information or studies may not preclude a completeness 26 determination. 27 (3) The determination of completeness may include or be combined 28 with the following ((as ap tienal inferf atien)) : 29 (a) A preliminary determination of those development regulations 30 that will be used for project mitigation; 31 (b) A preliminary determination of consistency, as provided under 32 RCW 36.70B.040; ((er-)) 33 (c) Other information the local government chooses to include; or 34 (d) The notice of application pursuant to the requirements in RCW 35 36.70B.110. 36 (4)(a) An application shall be deemed procedurally complete on 37 the 29th day after receiving a project permit application under this 38 section if the local government does not provide a written 39 determination to the applicant that the application is procedurally 40 incomplete as provided in subsection (1)(b) ii of this section. When p. 6 2SSB 5290.SL 1 the local government does not provide a written determination, they 2 may still seek additional information or studies as provided for in 3 subsection (2) of this section. 4 (b) Within ((feidrteen)) 14 days after an applicant has submitted 5 to a local government additional information identified by the local 6 government as being necessary for a complete application, the local 7 government shall notify the applicant whether the application is 8 complete or what additional information is necessary. 9 (c) The notice of application shall be provided within 14 days 10 after the determination of completeness pursuant to RCW 36.70B.110. 11 Sec. 7. RCW 36.70B.080 and 2004 c 191 s 2 are each amended to 12 read as follows: 13 (1)(a) Development regulations adopted pursuant to RCW 36.70A.040 14 must establish and implement time periods for local government 15 actions for each type of project permit application and provide 16 timely and predictable procedures to determine whether a completed 17 project permit application meets the requirements of those 18 development regulations. The time periods for local government 19 actions for each type of complete project permit application or 20 project type should not exceed (( 21 leeal J_ _ __ __ent makes written findingsthat a specified—amoidfit ef 22 .ate t_ __ '_ tifRe is needed te lareeess speeifie 23 laia'_iecati_ns = larejeet types)) those specified in this section. -L L - 1 -'J �' 'll " 24 ((fie)) (b) For project permits submitted after January 1, 2025, 25 the development regulations must, for each type of permit 26 application, specify the contents of a completed project permit 27 application necessary for the complete compliance with the time 28 periods and procedures. 29 ((+2+)) (c) A jurisdiction may exclude certain permit types and 30 timelines for processing project permit applications as provided for 31 in RCW 36.70B.140. 32 (d) The time periods for local government action to issue a final 33 decision for each type of complete project permit application or 34 project type subject to this chapter should not exceed the following 35 time periods unless modified by the local government pursuant to this 36 section or RCW 36.70B.140: 37 (i) For project permits which do not require public notice under 38 RCW 36.70B.110, a local government must issue a final decision within 39 65 days of the determination of completeness under RCW 36.70B.070; p. 7 2SSB 5290.SL 1 (ii) For project permits which require public notice under RCW 2 36.70B.110, a local government must issue a final decision within 100 3 days of the determination of completeness under RCW 36.70B.070; and 4 (iii) For project permits which require public notice under RCW 5 36.70B.110 and a public hearing, a local government must issue a 6 final decision within 170 days of the determination of completeness 7 under RCW 36.70B.070. 8 (e) A jurisdiction may modify the provisions in (d) of this 9 subsection to add permit types not identified, change the permit 10 names or types in each category, address how consolidated review time 11 periods may be different than permits submitted individually, and 12 provide for how projects of a certain size or type may be 13 differentiated, including by differentiating between residential and 14 nonresidential permits. Unless otherwise provided for the 15 consolidated review of more than one permit, the time period for a 16 final decision shall be the longest of the permit time periods 17 identified in (d) of this subsection or as amended by a local 18 government. 19 (f) If a local government does not adopt an ordinance or 20 resolution modifying the provisions in (d) of this subsection, the 21 time periods in (d) of this subsection apply. 22 (g) The number of days an application is in review with the 23 county or city shall be calculated from the day completeness is 24 determined under RCW 36.70B.070 to the date a final decision is 25 issued on the project permit application. The number of days shall be 26 calculated by counting every calendar day and excluding the following 27 time periods: 28 (i) Any period between the day that the county or city has 29 notified the applicant, in writing, that additional information is 30 required to further process the application and the day when 31 responsive information is resubmitted by the applicant; 32 (ii) Any period after an applicant informs the local government, 33 in writing, that they would like to temporarily suspend review of the 34 project permit application until the time that the applicant notifies 35 the local government, in writing, that they would like to resume the 36 application. A local government may set conditions for the temporary 37 suspension of a permit application; and 38 (iii) Any period after an administrative appeal is filed until 39 the administrative appeal is resolved and any additional time period 40 provided by the administrative appeal has expired. P. 8 2SSB 5290.SL 1 (h) The time periods for a local government to process a permit 2 shall start over if an applicant proposes a change in use that adds 3 or removes commercial or residential elements from the original 4 application that would make the application fail to meet the 5 determination of procedural completeness for the new use, as required 6 by the local government under RCW 36.70B.070. 7 (i) If, at any time, an applicant informs the local government, 8 in writing, that the applicant would like to temporarily suspend the 9 review of the project for more than 60 days, or if an applicant is 10 not responsive for more than 60 consecutive days after the county or 11 city has notified the applicant, in writing, that additional 12 information is required to further process the application, an 13 additional 30 days may be added to the time periods for local 14 government action to issue a final decision for each type of project 15 permit that is subject to this chapter. Any written notice from the 16 local government to the applicant that additional information is 17 required to further process the application must include a notice 18 that nonresponsiveness for 60 consecutive days may result in 30 days 19 being added to the time for review. For the purposes of this 20 subsection, "nonresponsiveness" means that an applicant is not making 21 demonstrable progress on providing additional requested information 22 to the local government, or that there is no ongoing communication 23 from the applicant to the local government on the applicant's ability 24 or willingness to provide the additional information. 25 (1) Annual amendments to the comprehensive plan are not subject 26 to the requirements of this section. 27 (k) A county's or city's adoption of a resolution or ordinance to 28 implement this subsection shall not be subject to appeal under 29 chapter 36.70A RCW unless the resolution or ordinance modifies the 30 time periods provided in (d) of this subsection by providing for a 31 review period of more than 170 days for any project permit. 32 (1)(i) When permit time periods provided for in (d) of this 33 subsection, as may be amended by a local government, and as may be 34 extended as provided for in (i) of this subsection, are not met, a 35 portion of the permit fee must be refunded to the applicant as 36 provided in this subsection. A local government may provide for the 37 collection of only 80 percent of a permit fee initially, and for the 38 collection of the remaining balance if the permitting time periods 39 are met. The portion of the fee refunded for missina time periods 40 shall be: P. 9 2SSB 5290.SL 1 (A) 10 percent if the final decision of the project permit 2 application was made after the applicable deadline but the period 3 from the passage of the deadline to the time of issuance of the final 4 decision did not exceed 20 percent of the original time period; or 5 (B) 20 percent if the period from the passage of the deadline to 6 the time of the issuance of the final decision exceeded 20 percent of 7 the original time period. 8 (ii) Except as provided in RCW 36.70B.160, the provisions in 9 subsection (1)(i) of this section are not applicable to cities and 10 counties which have implemented at least three of the options in RCW 11 36.70B.160(1) (a) through (1) at the time an application is deemed 12 procedurally complete. 13 (2)(a) Counties subject to the requirements of RCW 36.70A.215 and 14 the cities within those counties that have populations of at least 15 (( )) 20,000 must, for each type of permit application, 16 identify the total number of project permit applications for which 17 decisions are issued according to the provisions of this chapter. For 18 each type of project permit application identified, these counties 19 and cities must establish and implement a deadline for issuing a 20 notice of final decision as required by subsection (1) of this 21 section and minimum requirements for applications to be deemed 22 complete under RCW 36.70B.070 as required by subsection a) of this 23 section. 24 (b) Counties and cities subject to the requirements of this 25 subsection also must prepare an annual performance report((s)) that 27 premit aplieation identified innaeeardanea va-i: t 29 (i) Fetal number e€ eemplete applieations reeei,W during the 30ea; "1lete `L L during 3 ear fer 32 whreh a netiee of final deesien was issued befere the 4 33 established cads svvs-2c�i-ox=r `1 1 ` during y 35 neVee efff ina? decr^sien was issued after the deadline established 36 under this `1 1 ` during y 38 emt-ensien ef time - was —mutual mutually _,re ream= crrr�r-c�xc 39 p. 10 2SSB 5290.SL 1 (v) V-arianee afaetualperfermanee, eHelu�din appMeatiens e� -- __ time to l re reeaccrr^s1$k}S—rmvc--ozczrrr2cc, to the 3 established der this se seems , 4 (vi) The mean preeessing time and the number standard devia 5 frem the 6 (e) Geunties and—eities sebjeet te— the —requirements of 7 ..b, eet 8 (i) Previde—neyiee—e€ and assess to — the —annual per`c .anT 9 reperts r 's=— _ity's website; ana 10 (ii) Pest sleet-re'nief a._s_..._l es e f the annual i ....,F....,m-...ee 1 e--n- .. 11 12 eity's websiteindieating that the reperts are a�aila}�le�p 13 eentaeting the apprepriateity department er ef=reial de 15 �4 a ewer eity sebjeet to the requirements of t 16 subsection dees net maintain a website, _"__-__. __ the __.r__" 17 given by reasenable metheds, i , l�_d:, butnetlimited t these 18 m,ethe s spee f ed in RCW 36.79B.119(4). 19 f3})) includes information outlining time periods for certain 20 permit types associated with housing. The report must provide: 21 (i) Permit time periods for certain permit processes in the 22 county or city in relation to those established under this section, 23 including whether the county or city has established shorter time 24 periods than those provided in this section; 25 (ii) The total number of decisions issued during the year for the 26 following permit types: Preliminary subdivisions, final subdivisions, 27 binding site plans, permit processes associated with the approval of 28 multifamily housing, and construction plan review for each of these 29 permit types when submitted separately 30 (iii) The total number of decisions for each permit type which 31 included consolidated project permit review, such as concurrent 32 review of a rezone or construction plans; 33 (iv) The average number of days from a submittal to a decision 34 being issued for the project permit types listed in subsection 35 (2)(a)(ii) of this section. This shall be calculated from the day 36 completeness is determined under RCW 36.70B.070 to the date a 37 decision is issued on the application. The number of days shall be 38 calculated by counting every calendar day 39 (v) The total number of days each project permit application of a 40 type listed in subsection (2)(a)(ii) of this section was in review P. 11 2SSB 5290.SL 1 with the county or city. This shall be calculated from the day 2 completeness is determined under RCW 36.70B.070 to the date a final 3 decision is issued on the application. The number of days shall be 4 calculated by counting every calendar day. The days the application 5 is in review with the county or city does not include the time 6 periods in subsection (1)(a)(i)-(iii) of this section; 7 (vi) The total number of days that were excluded from the time 8 period calculation under subsection (1)(g)(i)-(iii) of this section 9 for each project permit application of a type listed in subsection 10 (2)(a)(ii) of this section. 11 (c) Counties and cities subject to the requirements of this 12 subsection must: 13 (i) Post the annual performance report through the county's or 14 city's website; and 15 (ii) Submit the annual performance report to the department of 16 commerce by March 1st each year. 17 (d) No later than July 1st each year, the department of commerce 18 shall publish a report which includes the annual performance report 19 data for each county and city subject to the requirements of this 20 subsection and a list of those counties and cities whose time periods 21 are shorter than those provided for in this section. 22 The annual report must also include key metrics and findings from 23 the information collected. 24 (e) The initial annual report required under this subsection must 25 be submitted to the department of commerce by March 1, 2025, and must 26 include information from permitting in 2024. 27 (3) Nothing in this section prohibits a county or city from 28 extending a deadline for issuing a decision for a specific project 29 permit application for any reasonable period of time mutually agreed 30 upon by the applicant and the local government. 31 (( tee- - p -.. _=- - shall wenwith the eetintre s—anEi ert re ste reviewthe 33 ;ertial ifftplefftentatien eests of the—r-eeluir-ements of stibseet-en (2) 34 of this seetieawe—departmcnt, in eeeperatien with the 1eecal 35 gevernfftents, shall picepare—a—icepert 9,afftfftarizing the l--j_.tee __st_; 36 teaether with reeefRfRendcatiens €er state€anEiing—assistanee fer 37 ifRplefRentcatienT e =sts, andprevi-de—the—report te—t 38 apprepriate eefRfRittees of the senate se ef relaresentativesby 39 .)) p. 12 2SSB 5290.SL 1 Sec. 8. RCW 36.70B.160 and 1995 c 347 s 420 are each amended to 2 read as follows: 3 (1) Each local government is encouraged to adopt further project 4 review and code provisions to provide prompt, coordinated review and 5 ensure accountability to applicants and the public((, _neluiing 6 eiEI9eEiiteEi review fer lar-ejeet perfflit applieatiens €er prejeets that 7 area}sistent with p,_ _ anEi within the 8 eapaeity Far _ym_..,...ide _... .,. frastueture _ _ _^t=) Y l ) y 9 (a) Expediting review for project permit applications for 10 projects that are consistent with adopted development regulations; 11 (b) Imposing reasonable fees, consistent with RCW 82.02.020, on 12 applicants for permits or other governmental approvals to cover the 13 cost to the city, town, county, or other municipal corporation of 14 processing applications, inspecting and reviewing plans, or preparing 15 detailed statements required by chapter 43.21C RCW. The fees imposed 16 may not include a fee for the cost of processing administrative 17 appeals. Nothing in this subsection limits the ability of a county or 18 city to impose a fee for the processing of administrative appeals as 19 otherwise authorized by law; 20 (c) Entering into an interlocal agreement with another 21 jurisdiction to share permitting staff and resources; 22 (d) Maintaining and budgeting for on -call permitting assistance 23 for when permit volumes or staffing levels change rapidly; 24 (e) Having new positions budgeted that are contingent on 25 increased permit revenue; 26 (f) Adopting development regulations which only require public 27 hearings for permit applications that are required to have a public 28 hearing by statute; 29 (q) Adopting development regulations which make preapplication 30 meetings optional rather than a requirement of permit application 31 submittal; 32 (h) Adopting development regulations which make housing types an 33 outright permitted use in all zones where the housing type is 34 permitted; 35 (i) Adopting a program to allow for outside professionals with 36 appropriate professional licenses to certify components of 37 applications consistent with their license; or 38 (j) Meeting with the applicant to attempt to resolve outstanding 39 issues during the review process. The meeting must be scheduled 40 within 14 days of a second request for corrections during permit p. 13 2SSB 5290.SL 1 review. If the meeting cannot resolve the issues and a local 2 government proceeds with a third request for additional information 3 or corrections, the local government must approve or deny the 4 application upon receiving the additional information or corrections. 5 (2)(a) After January 1, 2026, a county or city must adolt 6 additional measures under subsection (1) of this section at the time 7 of its next comprehensive plan update under RCW 36.70A.130 if it 8 meets the following conditions: 9 (i) The county or city has adopted at least three project review 10 and code provisions under subsection (1) of this section more than 11 five years prior; and 12 (ii) The county or city is not meeting the permitting deadlines 13 established in RCW 36.70B.080 at least half of the time over the 14 period since its most recent comprehensive plan update under RCW 15 36.70A.130. 16 (b) A city or county that is required to adopt new measures under 17 (a) of this subsection but fails to do so becomes subject to the 18 provisions of RCW 36.70B.080(1)(1), notwithstanding RCW 19 36.70B.080(1)(1)(ii). 20 ((+2+)) (3) Nothing in this chapter is intended or shall be 21 construed to prevent a local government from requiring a 22 preapplication conference or a public meeting by rule, ordinance, or 23 resolution. 24 ((43+)) (4) Each local government shall adopt procedures to 25 monitor and enforce permit decisions and conditions. 26 ((+4})) (5) Nothing in this chapter modifies any independent 27 statutory authority for a government agency to appeal a project 28 permit issued by a local government. 29 NEW SECTION. Sec. 9. A new section is added to chapter 36.70B 30 RCW to read as follows: 31 (1) The department of commerce shall develop and provide 32 technical assistance and guidance to counties and cities in setting 33 fee structures under RCW 36.70B.160(1) to ensure that the fees are 34 reasonable and sufficient to recover true costs. The guidance must 35 include information on how to utilize growth factors or other 36 measures to reflect cost increases over time. 37 (2) When providing technical assistance under subsection (1) of 38 this section, the department of commerce must prioritize local p. 14 2SSB 5290.SL 1 governments that have implemented at least three of the options in 2 RCW 36.70B.160(1). 3 Sec. 10. RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1 4 are each reenacted and amended to read as follows: 5 (1) Not later than April 1, 1996, a local government planning 6 under RCW 36.70A.040 shall provide a notice of application to the 7 public and the departments and agencies with jurisdiction as provided 8 in this section. If a local government has made a threshold 9 determination under chapter 43.21C RCW concurrently with the notice 10 of application, the notice of application may be combined with the 11 threshold determination and the scoping notice for a determination of 12 significance. Nothing in this section prevents a determination of 13 significance and scoping notice from being issued prior to the notice 14 of application. Nothing in this section or this chapter prevents a 15 lead agency, when it is a project proponent or is funding a project, 16 from conducting its review under chapter 43.21C RCW or from allowing 17 appeals of procedural determinations prior to submitting a project 18 permit ( (appliea`_ ) ) . 19 (2) The notice of application shall be provided within 20 (()) 14 days after the determination of completeness as 21 provided in RCW 36.70B.070 and, except as limited by the provisions 22 of subsection (4)(b) of this section, ((sal)) must include the 23 following in whatever sequence or format the local government deems 24 appropriate: 25 (a) The date of application, the date of the notice of completion 26 for the application, and the date of the notice of application; 27 (b) A description of the proposed project action and a list of 28 the project permits included in the application and, if applicable, a 29 list of any studies requested under RCW 36.70B.070 ((er36.79B.999)); 30 (c) The identification of other permits not included in the 31 application to the extent known by the local government; 32 (d) The identification of existing environmental documents that 33 evaluate the proposed project, and, if not otherwise stated on the 34 document providing the notice of application, such as a city land use 35 bulletin, the location where the application and any studies can be 36 reviewed; 37 (e) A statement of the public comment period, which shall be not 38 less than fourteen nor more than thirty days following the date of 39 notice of application, and statements of the right of any person to p. 15 2SSB 5290.SL 1 comment on the application, receive notice of and participate in any 2 hearings, request a copy of the decision once made, and any appeal 3 rights. A local government may accept public comments at any time 4 prior to the closing of the record of an open record predecision 5 hearing, if any, or, if no open record predecision hearing is 6 provided, prior to the decision on the project permit; 7 (f) The date, time, place, and type of hearing, if applicable and 8 scheduled at the date of notice of the application; 9 (g) A statement of the preliminary determination, if one has been 10 made at the time of notice, of those development regulations that 11 will be used for project mitigation and of consistency as provided in 12 RCW 36.70B.030(2) and 36.70B.040; and 13 (h) Any other information determined appropriate by the local 14 government. 15 (3) If an open record predecision hearing is required for the 16 requested project permits, the notice of application shall be 17 provided at least fifteen days prior to the open record hearing. 18 (4) A local government shall use reasonable methods to give the 19 notice of application to the public and agencies with jurisdiction 20 and may use its existing notice procedures. A local government may 21 use different types of notice for different categories of project 22 permits or types of project actions. If a local government by 23 resolution or ordinance does not specify its method of public notice, 24 the local government shall use the methods provided for in (a) and 25 (b) of this subsection. Examples of reasonable methods to inform the 26 public are: 27 (a) Posting the property for site -specific proposals; 28 (b) Publishing notice, including at least the project location, 29 description, type of permit(s) required, comment period dates, and 30 location where the notice of application required by subsection (2) 31 of this section and the complete application may be reviewed, in the 32 newspaper of general circulation in the general area where the 33 proposal is located or in a local land use newsletter published by 34 the local government; 35 (c) Notifying public or private groups with known interest in a 36 certain proposal or in the type of proposal being considered; 37 (d) Notifying the news media; 38 (e) Placing notices in appropriate regional or neighborhood 39 newspapers or trade journals; p. 16 2SSB 5290.SL 1 (f) Publishing notice in agency newsletters or sending notice to 2 agency mailing lists, either general lists or lists for specific 3 proposals or subject areas; and 4 (g) Mailing to neighboring property owners. 5 (5) A notice of application shall not be required for project 6 permits that are categorically exempt under chapter 43.21C RCW, 7 unless an open record predecision hearing is required or an open 8 record appeal hearing is allowed on the project permit decision. 9 (6) A local government shall integrate the permit procedures in 10 this section with ((its)) environmental review under chapter 43.21C 11 RCW as follows: 12 (a) Except for a threshold determination and except as otherwise 13 expressly allowed in this section, the local government may not issue 14 a decision or a recommendation on a project permit until the 15 expiration of the public comment period on the notice of application. 16 (b) If an open record predecision hearing is required, the local 17 government shall issue its threshold determination at least fifteen 18 days prior to the open record predecision hearing. 19 (c) Comments shall be as specific as possible. 20 (d) A local government is not required to provide for 21 administrative appeals of its threshold determination. If provided, 22 an administrative appeal ((shall)) must be filed within fourteen days 23 after notice that the determination has been made and is appealable. 24 Except as otherwise expressly provided in this section, the appeal 25 hearing on a threshold determination ((e€ nensignifieanee—=hall)) 26 must be consolidated with any open record hearing on the project 27 permit. 28 (7) At the request of the applicant, a local government may 29 combine any hearing on a project permit with any hearing that may be 30 held by another local, state, regional, federal, or other agency, if: 31 (a) The hearing is held within the geographic boundary of the 32 local government; and 33 (b) ( (Thejeint hearing ecan be held within the tiffte : =rieds 34 speeified in nGW nn nnn �—i,�-�--apt1..-,.�)) The applicant agrees to the 35 schedule in the event that additional time is needed in order to 36 combine the hearings. All agencies of the state of Washington, 37 including municipal corporations and counties participating in a 38 combined hearing, are hereby authorized to issue joint hearing 39 notices and develop a joint format, select a mutually acceptable 40 hearing body or officer, and take such other actions as may be p. 17 2SSB 5290.SL 1 necessary to hold joint hearings consistent with each of their 2 respective statutory obligations. 3 (8) All state and local agencies shall cooperate to the fullest 4 extent possible with the local government in holding a joint hearing 5 if requested to do so, as long as: 6 (a) The agency is not expressly prohibited by statute from doing 7 so; 8 (b) Sufficient notice of the hearing is given to meet each of the 9 agencies' adopted notice requirements as set forth in statute, 10 ordinance, or rule; and 11 (c) The agency has received the necessary information about the 12 proposed project from the applicant to hold its hearing at the same 13 time as the local government hearing. 14 (9) A local government is not required to provide for 15 administrative appeals. If provided, an administrative appeal of the 16 project decision and of any environmental determination issued at the 17 same time as the project decision, shall be filed within fourteen 18 days after the notice of the decision or after other notice that the 19 decision has been made and is appealable. The local government shall 20 extend the appeal period for an additional seven days, if state or 21 local rules adopted pursuant to chapter 43.21C RCW allow public 22 comment on a determination of nonsignificance issued as part of the 23 appealable project permit decision. 24 (10) The applicant for a project permit is deemed to be a 25 participant in any comment period, open record hearing, or closed 26 record appeal. 27 (11) Each local government planning under RCW 36.70A.040 shall 28 adopt procedures for administrative interpretation of its development 29 regulations. 30 NEW SECTION. Sec. 11. The department of commerce shall develop 31 a template for counties and cities subject to the requirements in RCW 32 36.70B.080, which will be utilized for reporting data. 33 NEW SECTION. Sec. 12. The department of commerce shall develop 34 a plan to provide local governments with appropriately trained staff 35 to provide temporary support or hard to find expertise for timely 36 processing of residential housing permit applications. The plan shall 37 include consideration of how local governments can be provided with 38 staff that have experience with providing substitute staff support or P. 18 2SSB 5290.SL 1 that possess expertise in permitting policies and regulations in the 2 local government's geographic area or with jurisdictions of the local 3 government's size or population. The plan and a proposal for 4 implementation shall be presented to the legislature by December 1, 5 2023. 6 NEW SECTION. Sec. 13. Section 7 of this act takes effect 7 January 1, 2025. Passed by the Senate April 17, 2023. Passed by the House April 10, 2023. Approved by the Governor May 8, 2023. Filed in Office of Secretary of State May 10, 2023. --- END --- p. 19 2SSB 5290.SL CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: November 14, 2024 Item: Check all that apply ❑ old business ❑ information ® new business ❑ public hearing ❑ study session ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Planning Commission Rules of Procedure Amendment GOVERNING LEGISLATION: SVMC 18.10.030 PREVIOUS COMMISSION ACTION: Planning Commission Rules of Procedure: Adopted by Planning Commission 02-19-05; Revised by Resolution 10-004, 02-09-2010; Revised by Resolution 1I- 010, 11-29-2011; Revised by Resolution 12-006, 10-30-2012; Revised by Resolution 20-003, 03-24- 2020; Revised by Resolution 23-008, 06-20-2023; Revised by Resolution 24-003, 02-20-2024; Planning Commission Rules of Procedure Review, 07-25-2024; Planning Commission Rules of Procedure Review 08-08-2024; Planning Commission Rules of Procedure Approval 09-12-2024. BACKGROUND: The City of Spokane Valley Planning Commission was established in 2003 during the incorporation of the City. In addition to chapter 18.10 SVMC, the Planning Commission has Rules of Procedure to assist in guiding the governance of its meetings. Such rules are approved by the Planning Commission and ultimately adopted by City Council resolution. The last major review of the rules occurred in 2020. On July 25, and August 8, 2024, the Planning Commission provided guidance to staff on recommended changes to the Rules of Procedure. On September 12, 2024, the Planning Commission voted to approve the Rules of Procedure as amended by a vote of 5 to 1. Upon preparing to bring the item to Council for formal adoption by resolution, staff discovered that Section III.B. of the proposed rules had outstanding items for consideration. Staff are bringing this item back to the Planning Commission to consider the options outlined in the proposed Section IILB. related to the qualifications of Officers to be elected by the membership. RECOMMENDED ACTION OR MOTION: I move to amend the Planning Commission Rules of Procedures approved on September 12, 2024, by inserting the following language into Section IILB.: a) Commissioners must have served at least one full calendar year to be eligible to be elected as an Officer.; or b) Commissioners must have served for at least six months or attended nine Commission meetings to be eligible to be elected as an Officer. If no member of the Commission meets such requirements, any Commissioner may be eligible to be elected as an Officer.; or c) Commissioners must have served for at least six months or attended nine Commission meetings to be eligible to be elected as an Officer.; or d) Any other language deemed appropriate. STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney ATTACHMENTS: 1) Planning Commission Rules of Procedure Amendments with tracked changes RPCA Planning Commission Rules of Procedure Amendment Page I of 1 City of Spokane Valley Planning Commission Rules of Procedure Adopted by Planning Commission 02-19-05 Revised by Resolution 10-004, 02-09-2010 Revised by Resolution 11-010, 11-29-2011 Revised by Resolution 12-006, 10-30-2012 Revised by Resolution 20-003, 03-24-2020 Revised by Resolution 23-008, 06-20-2023 Revised by Resolution 24-003, 02-20-2024 ORGANIZATION AND RULES OF PROCEDURE I4. Name The "City of Spokane Valley Planning Commission," hereinafter referred to as the "Commission" is an advisorybody created by the CityCouncil for purposes consistent with chapter 18.10 ofthe Spokane Valley Municipal Code (SVMC) which can be accessed at https://www.codepublishing.com[WA/Sl)okaneValle The Commission's duties and responsibilities are outlined in 18.10.050 SVMC. 3II. Location The Commission meetings shall be held at City Hall Council Chambers, 10210 E. Sprague Avenue, Spokane Valley, WA, unless otherwise identified in the notice of meeting. 3111. Officers A. Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with chapter 18.10 SVMC. B. Officers of the Commission shall be elected from its membership; the officers shall be Chair and Vice Chair. [Commissioners must have served at least one full calendar year to be eligible to be elected as an Officer.] [Commissioners must have served for at least six months, or attended nine Commission meetings to be eligible to be elected as an Officer. if no member of the Commission meets such requirements, any Commissioner may be eligible to be elected as an Officer.] [Commissioners must have served for at least six months, or attended nine Commission meetings to be eligible to be elected as an Officer.] C. Commission members most lai—, served -t ]east on, full calendar yew to be eligible to be Pleetpil as Election ofOfficers., 1. Officers shall be elected at the first regular meeting each year. Election shall require four affirmative votes of the Commission, and voting may be by paper ballot. Terms of office shall run from the first January meeting until December 31, or until a successor has been elected. No Commissioner shall serve more than two full consecutive terms as Chair of the Commission. No Commissioner shall serve as Vice -Chair for more than two full consecutive terms. Planning Commission Rules of Procedure Amendment Page 1 of 11 Formatted: Font: Bold Fommtted 2. In the event that the Commission has no sitting Chair at the first regular meeting in January, the Vice -Chair will preside over the Commission until officers are elected. If at the first regular meeting in January, both the Chair and Vice -Chair are no longer Commissioners, the Secretary will preside over the meeting until Officers are elected. E3. A vacancy in either the Chair or Vice -Chair shall be filled by a special election, to be held at a convenient time with a n iority present In the event that the office of Chair is vacated, the Vice -Chair shall serve in that capacity until the required special election is held. No member can hold two office positions concurrently. D. The Chair shall preside over the Commission meetings and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions, and have a vote recorded on all matters of the Commission. E. In the absence of the Chair from any meeting, the Vice -Chair shall perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. If both the Chair and Vice -Chair are absent from any meeting, the Secretary will exercise the duties of the Chair for that meeting. 4IV. Secretary of the Commission A. The City Manager shall assign a Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings, and shall ensure that summary minutes of all public hearings and meetings are prepared, approved, and filed in the public record. C. The Secretary shall conduct and record a roll call of the Commissioners -members at each meeting, public hearing and study session. D. The Secretary shall serve as the official parliamentarian for all meetings and shall keep a cony of— - - Formatted: Numbered + Level: 1 + Numbering Style: A, B, the current "Robert's Rules of Order" in the Council Chambers during Commission meetings. C,... +Start at: 1+alignment: Left +Aligned at: 0.25'+ Robert's Rules of Order shall govern the conduct of all public meetings of the Commission except Indent ap 0.5' when they conflict with these Rules of Procedure, Fomu med: Font: Not Bold V5. Attendance: A. Excused Absences: Members of the Commission may be excused from meetings with notification to the Chair, Vice Chair, or Secretary ^- n.." , prior to the meeting, and by stating the reason for the inability to attend. Following or prior to roll call, the Presiding Officer shall inform the Commission of the member's absence, and inquire if there is a consent motion to excuse the member. The motion shall be non -debatable. Upon consent by a majority of members present, the absent member shall be considered excused and the Secretary shall make an appropriate notation in the minutes. B. Unexcused Absences: A Commissioner's responsibility to attend Commission meetings should not be taken lightly, nor should a decision to remove a Commissioner for missing meetings. As soon as possible after two consecutive unexcused absences, and prior to a third consecutive unexcused absence, the absent Commissioner must request a leave of absence if they desire to remain on the Commission. At a third consecutive meeting where a Commissioner is not excused and there has been no request for a leave of absence, the absent Commissioner's seat shall be forfeited effective immediately. C. Leave of Absence: Planning Commission Rules of Procedure Amendment Page 2 of 11 1. A Commissioner whose serious health or physical condition would prevent them from performing the duties of the Planning Commission may ask to be placed on a leave of absence under the following conditions: 2-a. Such serious health or physical condition must be certified in writing by a medicate - - Formatted: Numbered + Level: 2 + Numbering Style: a, b, physician. c, ... + Start at: 1 + Alignment: Left + Aligned at: 1.25" + —3- Indent at: 1.5" The request for a leave of absence shall be in writing, and hand -delivered or mailed to the Secretary of the Commission or-�c at least one week prior to the date when such leave would commence. 4c. The request for a leave of absence must state the anticipated date the Commissioner will resume their duties. d—By majority vote of the whole Commission, a leave of absence shall be granted as feNewsand shall not exceed 90 days from the date the motion is passed by Commission: libii-fl hall ymt-�Hys heart be din. the Motion is passed by Vie. At the end of the 90-day leave of absence, the absent Commissioner shall either: Formatted: Indent: Left: 1.5", No bullets or numbering Forrrratted: Numbered + Level: 2 + Numbering Style: a, b, c, ... + Start a<: 1 +Alignment: Left + Aligned at: 1.25" + Intlent at 1.5" al Return to normal Commission duties commencing with the first' Formatted: Numbered + Level: 1 + Numbering Style: i, ii, iii, Thursday meeting following the end of the 90-day leave; or ... + Start at: 1 + Alignment: Right+ Aligned at: 2" + Indent at: 2.25" la,iiSubmit a letter of resignation to the Secretary of the Commission. f_A leave of absence may only be granted twice during a Commissioner's three-" - - Formatted: Indent: Left: 1.31", Numbered + Level: 1 + year tens, with no less than six months between each request. Upon approval of Numbering Style: a, b, c, ... + Start at: 6 + Alignment: Left + a leave of absence, the absent Commissioner shall not be replaced with a pro-tem Aligned at: 2" + Indent at: 2.25" Commissioner during the absence. Planning Commission Rules of procedure Amendment Page 3 of 11 n the conduct of all public meetings of the Cemmission except when the), conflict with th,qp IZresednra s. -0� A quaturn shall consist of a majerity of the Commission and no action Pan be, Wien in the, absence of a VI9. Votine A. The affirmative vote of majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with the adoption or changes to the City's Comprehensive Plan, at least four affirmative votes must be cast. No proxy shall be allowed. C. Except as otherwise Provided by these rules. Commissioners-membm present when the question was called shall give their vote. If any Commissioner member refused to vote "aye" or "nay" their vote shall be counted as a nay vote, unless the Commissioner-meenber has recused themselves due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. Abstentions are not permitted except as otherwise provided by these rules. D. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter, or has listened to the recording of the public hearing and reviewed the written record of the matter in question. Commissioners who were not present shall confirm on the record that they listened to the recording and reviewed the written record of the matter in question prior to voting. E-. nr....t:__ of nax___., n_,.h ,.x_,._ rah..:_ and Viee Chatf, _ majefily vete ep Formatted: Indent: Left: 0.5', No bullets or numbering the Comm :....:.m in order t„ I.e ele.,teA t„ tl.e .,,,..: t: Voting may be taken b paper ballot. 49VII, Meetinas A. A quorum shall consist of a maiority of the Commission and no action can be taken in the absence of a quorum except to adioum the meeting to a subsequent date. A quorum must be present for all meetings.. - Formatted: Font: Bold P-.B. Except when otherwise specified by these rules, regular meetings shall be scheduled on the 2nd and 4th Thursdays of each month, commencing at 6:00 p.m. and ending not later than 9:00 p m Meeting ending time may he extended by a mainrity vote of the Commission. There shall be at least one regular meeting each month for at least nine months in each vear with additional meetings scheduled as necessary. There shall not be two consecutive months without a meeting. Unless business otherwise requires it. the Commission shall not meet on the 2nd Thursday in . Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with City staff. Generally, no testimony from the public shall be taken at a study session. Planning Commission Rules of Procedure Amendment Page 4 of 11 2. Public Hearing Meeting. A public hearing is a meeting to provide the public an opportunity to comment or give testimony on a proposed action or items such as the Comprehensive Plan, or development regulations. The Commission may deliberate upon the item immediately after the hearing, or during another scheduled meeting(s). 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice -Chair. Notice of cancellation shall be given to Commissioners-aisissibeiss, and to the public by posting a notice at City Hall and on the City's website. The Commission, in concert with City staff, shall strive to cancel meetings two weeks Prior to the meeting date. 4. The recommended order of business for meetings is: a. Call to order by Chair. b. Pledge of Allegiance. c. Roll call by Secretary. d. Approval of Aagenda. e. Approval of minutes. f Commissioner-merNbev reports. g. Administrative reports. h. Public comment. i_Commission business, • Action items ________________ i-• Non -Action items j. For the good of the order. k. Adjournment. ITC. Commission meetings shall be held pursuant to the Open Public Meetings Act, chapter 42.30 RCW. 6D. Special meetings may be called: 1. By a written or verbal request to the Chair, or in the Chair's absence, to the Vice -Chair, or by a majority of the members of the Commission, or City staff. 2. By approved motion of the Commission. 3. Notice of a special meeting shall be provided as required pursuant to chapter 42.30.080 RCW, including posting notice of such meeting at least 24 hours before the time of such meeting as specified in the notice. VIII44. Public Hearing Procedures Formatted: Font: Bold Formatted: Font: Bold Formatted Formatted: Indent: Left: 0.25", Numbered + Level: 1 + Numbering Style: A, B, C, ... + Start at: 3 + Alignment: Left + Aligned at: I" + Indent at: 1.25" 4-.A. Prior to the start of the public hearing, the Chair may require that all persons wishing to be• - - Formatted: Numbered + Level: 1 + Numbering Style. A, B, heard sign in with the Secretary, giving their name, city of residence, the agenda item, and whether C, ... + Startat 1 + Alignment: left+Aligned at: 0.25" + they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall wait Indent at: 0.5" to speak until all those who have signed in have had an opportunity to speak; and when they speak at the hearing, shall give their name and city of residence. the majority of the Commission, may establish tim Planning Commission Rules of Procedure Amendment Page 5 of I . The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.). B. Opening the Public Hearing, The Chair shall introduce, and open each public hearing by stating the time and title of the matter.;_ _ - Formatted: Font: Bold C. Evidence and Testimony. The public hearing shall generally adhere to the followingorder rder . - - -. , ; - - Formatted: Font: Bold I. The Chair will allow staff to describe the matter under consideration and place the issue Formatted: Numbered + Level: 1 +Numbering Style: A, B, and my documents into the public record. C,... +Start at: l+Alignment: Left +Aligned at: 0.25"+ Y P Indent at: 0.5" 2. The Chair will inouire as to whether Commissioners have any questions of staff. If anv Formatted: Indent: Left: 0.75" Commissioner has questions the appropriate individual will be recalled. 4. Public testimony at public hearings. The Chair, subiect to concurrence by the majority oA - - I Formatted: Indent: Left: 0.75", Numbered + Level: 1 + the Commission, may establish alternate time limits and otherwise control presentations. Numbering Style: 1, 2, 3, ... +start at 1 +Alignment left+ The following rules and other such limits shall be established and announced prior to the l Alignetl at: 0.5" + Indent at: start time for public testimony at the public hearing: a. All public comments shall be made from the sneaker's Dodium and shall be directed to the Commission. Any individual making comments shall first give their name and city of residence. This is required because an official recorded transcript of the public hearing is being made. b. It is not necessary to be a proponent or opponent in order to speak. Those who are neither a proponent nor an opponent, should sneak during the proponent portion and indicate that they are neither a proponent nor an opponent. c. No comments shall be made from any other location, and anyone making "out of order" comments shall be subiect to removal from the meeting as allowed by law. d. We ask that there be no demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation. It is distracting to the Commission and takes time away from the person who is testifying.. e. Please limit Your testimony to three minutes. (unless a maimity of the Commission agrees to allow the Chair to extend time) f. These mles are intended to promote an orderly system of holding a public hearing and to give all that wish to speak an opportunity to be heard. 5. At the conclusion of the public testimony, the Chair may ask staff if there is anv additional - - Formatted: Indent: Left: 0.75" information, testimony or evidence to submit for the record. D. Closing the Public Hearing and Post -hearing Procedure. The Chair will then either close the- - - Formatted: Numbered + Level: 1 + Numbering style: A, B, public hearing or entertain a motion to continue the proceeding to future date and time. and C, +start at: 4+Alignment: Left +Aligned at: 0.5" + state the time for the record. Additional testimony may not be requested or considered after Indent at: p.75" the closing of the public hearing, however, the Chair may declare that the public hearing will remain open until a date certain for the numose of receiving written testimony or materials. Planning Commission Rules of Procedure Amendment Page 6 of 11 1. At the close of the public hearing the Chair will inquire if there is a motion by anv� Commissioner. The motion may be as follows; a. Move to recommend approval of (the pending matter) b. Move to recommend approval of (the pending matter) with the following modifications: (listed here), c. Move to recommend denial of (the pending matter). , Formatted: Numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left +Aligned at: 1" + Indent at: 1.25" Formatted: Font: Bold FomWtted: Font: Bolo Formatted: Font: BEE Fomratted: Font: Bold Following the motion and its second, discussion will occur among Commissioners. - - - 1 Fomralted: Indent: First line: 0.5", No bullets or numbering 2. The Chair will inquire if there is any further discussion by the Commissioners If the - Formatted: Numbered + Level: 1 + Numbering Sty 3, ... + Start at: 2 + Alignment: left + Align ed at: 1" + 3. The Chair will inquire of the Commissioners if they are ready for the question. Indent at: 1.25" 4. The Chair will call for the vote on the motion and, following the vote, announce the outcome of the vote. If a motion fails, another motions shall be made until the Commission's recommendation garners the required number of votes. •__________________________________ Formatted: Font: Bold Formatted: Na bullets or numbering u..0 .:.,.., u.,.:... and Fomratted: Numbered + Level: 1 + Numbering Style: A, B, q....:__:_,. the r.,..._:_,.. C, ... + Start at: 1 + Alignment: Left +Aligned at: 0.25" + Indent at: 0.5" B-.E_When the Commission conducts a hearing to which the Appearance of Fairness Doctrine- - Formatted: Numbered + Level: 1 +Numbering Style: A, B, applies, the Commissioners eseyi ,�'---- should give consideration as to whether they have: C, ... + Start at: 5 + Alignment: Left +Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.69", Left + Not at 1.81" 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex pane contact with any individual, excluding staff, with regard to an issue prior to the hearing. Please refer to Section 156(B) for more specific information on how to proceed where there has been an ex parte communication. Planning Commission Rules of Procedure Amendment Page 7 of 11 If any Commissioner-metubw should determine that any items in section (EC-)(1-4) should apply to them, they should consult with a member of the legal staff, prior to the meeting, to determine if a conflict of interest violation exists pursuant to the Appearance of Fairness Doctrine. If such a violation or a perception of a violation exists, the Commissioner should recuse themselves. C. Conducting the Public Hearing ' - - Formatted: Numbered + level: 1 +Numbering Style: A, B, C, ... + Start at: 5 + Alignment: Left +Aligned at: 0.25' + . Indent at: 0.5' commi,.sion_,._b__ has stuestiefts, the app_,.___t_:_a:.:d.._" will be F... Pea at the commits on of their testimefly. information, testimony or Pvi denep to submit for the record Additional testimony may not be requested or considered after the closing ef the public hearing, 7. The Chair will e if there is a motion by any Commission member. if a motion is made, it shall he ,H the f F...«of.... .. fC.F.f.m"'..... �ative me at:. ens aFe Fefe ffad to O The GllaiF .:11 :......:Fe iftLff....Fe af... f.....1 ......... aHt.. OF ffam 8t..9 10. The Chair will inquire of the. Commission members if they are ready fier the . . of the One 12. Pre filing of testimony or evidence is encouraged and may be delivered to City staff in advance of a hewing. IXI-E. Agenda, Staff Reports and Minutes for Regular Meetings. A. A copy of the agenda for every regular meeting of the Commission will be sent to each member up to seven days prior to the date of the meeting. B. Staff reports will be sent to Commissioners ...�31...rs with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. CA. Minutes of all meetings shall be kept, and the complete files of proceedings and actions taken in connection therewith shall be considered theapublic record and filed with the City Clerk. 13� The Secretary shall provide the Commissionersmemberswith a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval, shall become part of the official record of action of the Commission. Approved and signed minutes shall also be transmitted to the City Clerk. Planning Commission Rules of Procedure Amendment Page 8 of 11 D. The Commission shall submit a year end report as an information item to the City Council outlining the items worked on during the previous year. 44X. Recordine of Meetines Whenever possible, proceedings of all public hearings, meetings, study sessions and any special meeting shall be recorded and retained in accordance with the Washington State Archives Retention Schedule. ISM. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereby recognized and established that high morel and ethical standards of Commissioners members are vital and essential to provide unbiased, open, and honest conduct within all phases and levels of government; that mles of ethics are helpful in guiding Commissioners -members to eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Spokane Valley in their local government. B. Interests in Contracts Prohibited; Exceptions. No Commissioner -member shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of any City of Spokane Valley employee, in whole or in substantial part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030, which are incorporated herein as if fully set forth. C. Conflicts of Interest include: A. n r onfl',.. of Interest :....r de... l . Engaging in a transaction or activity which impairs, or would to a reasonable person appear to impair, the Commissioner's-n..-n.bef''s independence of judgment or action in the performance of their official duties; 2. A Commissioner-.nembff having a financial or other private or personal interest in any matter upon which the member is required to act in the discharge of his or her official duties; 3. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commissioner's - embw"--'.s employment, past or present. Where the Commissioner's+luinibWa employer or professional activity is only tangentially related to a matter before the Commission, recusal need not occur if the Commissioner membee can reasonably conclude that the connection is or was remote and inconsequential. 4. If a Commissionermember is required to refrain from deliberation or participation by their employer because of a real or perceived conflict of interest, then the Commissioner member will be allowed to recuse or withdraw from that deliberation. Formatted: Font: Not Bold 9-.D. Conflict of Interest Procedure: Every Commissioner member who has a conflict of interest shall- Fomwtted: Indent: Celt: 0.13", Numbered + t.evel: 1 + publicly disclose the conflict at the next Commission meeting after the Commissioner -member Numbering Style: A, B, C,... +Start at: 4+ Alignment: Left + discovers the conflict. If a discovery or determination of a conflict is made during a Commission Aligned at: 0.75"+Indent at: 1" meeting, the Commissioner-meffiliff shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. a. If a Commissioner -member feels that they cannot be unbiased because of any conflict of- Formatted: Indent: t.ef: 0.38", First line: 0" interest, the CommissionerRernber shall recuse themselves from further proceedings on the issue. Such Commissioner--mcmvc'�e shall make a public statement disclosing the reasons why the Planning Commission Rules of Procedure Amendment Page 9 of 11 Commissioner-awffibff believes they are disqualified, and state they are recusing themselves from the issue. The disqualified Commissioner-naeffibe will then leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. If there are other matters on the agenda, then the disqualified Commissioner -member must term to the Council Chambers to participate in the other matters as soon as the Commission ends discussion of the matter in which the disqualified Commissionermeniber has a conflict of interest. 13E. Other Prohibited Acts. Commissioners -members are prohibited from: 1. Acting in a manner which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Using their position to secure special privileges or exemptions for themselves or others. 4. Directly or indirectly receiving, accepting, taking, seeking, or soliciting anything of economic value regardless of the amount, as a gift, gratuity, or favor. 5. Engaging in or accepting private employment or rendering services for any person or engaging in any business or professional activity when such employment, service or activity is incompatible with the proper and faithful discharge of their official duties as a Commissioner rnernber, or when it would require or induce the Commissioner member to disclose confidential information acquired by reason of such official position. 6. Disclosing confidential information gained by reason of their membership on the Commission or using such information for their personal gain or benefit. 7. Engaging in any meeting that violates the Open Public Meetings Act (OPMA). The OPMA strictly forbids any meeting of a quorum of the Commission during which any City business is discussed. The OPMA provides that Commissioners may: a. meet informally in less than a quorum and discuss City business, and b. meet in a quorum if City business is not discussed. However, Commissioners we encouraged to be mindful that such meetings risk creating the appearance of a violation of the OPMA and such meetings should be avoided. 46XII. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness Doctrine, chapter 42.36 RCW. B. During the pendency of any quasi-judicial proceeding, no Commissioner .,,e.; ber may engage in er parte communications with proponents or opponents about any proposal involved in the pending proceeding, unless:. 1. The Commissionermemberplaces on the record the substance of such oral or written communications; and 2. The Commissioner —member provides a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commissioners members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 4-7XIII. Review of These Rules of Procedure Planning Commission Rules of Procedure Amendment Page 10 of 11 Formatted: Numbered + level: 1 + Numbering Style. A, B, C, ... + Start at: 5 + Alignment: left+Aligned at: 0.25" + Indent at: 0.5" The Commission shall review these rules of procedure „_ t'-�ai5xtwo years ef-after their adoption . Proposed changes upon the recommendation of the City Attorney, City staff, or the Commission, may be brought forward as appropriate. Any proposed amendments identified by the ^-�iss*ea -- the Gity Atte_ey shall be forwarded to the City Council for review and ratification. Planning Commission Rules of Procedure Amendment Page 11 of 11