Ordinance 24-017 Amending SVMC 17.80 Permitting ProcessCITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.24-017
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 17.80
RELATED TO LOCAL PROJECT PERMIT REVIEW AND PROCESSING, AND OTHER
MATTERS RELATING THERETO.
WHEREAS, the Local Project Review Act was established in 1995 as the statewide framework
for local government land use planning review and development permitting; and
WHEREAS, The Local Project Review Act is codified in chapter 36.70B RCW which requires
local governments planning under the Growth Management Act to establish by ordinance or resolution an
integrated and consolidated permit process; and
WHEREAS, The City of Spokane Valley adopted the City of Spokane Valley Municipal Code
(SVMC) chapter 17.80 Permit Processing to establish standardized decision -making procedures for
reviewing development and land use applications within the City; and
WHEREAS, the Washington State legislature adopted Senate Bill SB5290 related to
consolidating local permit review processes and amending chapter 36.70B RCW Local Project Review
with effective dates of July 23, 2023, and January 1, 2025; and
WHEREAS, the changes adopted in SB 5290 are codified in chapter 36.70B RCW Local Project
Review; and
WHEREAS, RCW 36.70B.080(1)(d) provides that the time period for local government action to
issue a final decision may be modified by the local government; and
WHEREAS, CTA-2024-0001 is a City -initiated amendment to revise chapter 17.80 SVMC to
incorporate the changes set forth in SB 5290; and
WHEREAS, on October 8, 2024 the Washington State Department of Commerce was notified
pursuant to RCW 36.70A.106, providing a 60 day notice of intent to adopt amendments to Spokane
Valley development regulations; and
WHEREAS, the Planning Commission held a Study Session related to CTA-2024-0001 on
October 10, 2024; and
WHEREAS, on October 4, 2024 and October 11, 2024, notice of the Planning Commission
public hearing for CTA-2024-0001 was published in the Spokane Valley News Herald; and
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WHEREAS, on October 24, 2024, the Planning Commission held a public hearing to receive
evidence and information, and to provide an opportunity for public testimony. The Commissioners
subsequently voted 4-0 to recommend that the City Council approve the CTA-2024-0001 with
modifications to SVMC 17.80.1003 for clarity; and
WHEREAS, the Planning Commission approved the Findings and Recommendations as
presented on November 10, 2024; and
WHEREAS, Washington State Department of Commerce provided comments on November 27,
2024, requesting minor modifications to the proposed amendment to maintain consistency with SB 5290;
and
WHEREAS, the requested modifications make no substantive change to the permit processing
procedures and were added to the proposed amendment; and
WHEREAS, the proposed amendment to chapter 17.80 SVMC is in the best interest of the health,
safety, and welfare of the citizens of the City.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, do ordain as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend 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.
Section 2. Findings and Conclusions. The City Council acknowledges that the Planning
Commission conducted appropriate investigation and study, held a public hearing on the proposed
amendments, and recommends approval of the amendments. The City Council has read and considered
the Planning Commission's findings and recommendation, and makes the following findings:
A. The proposed 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.
B. The proposed amendment does bear a substantial relation to public health, safety,
welfare, and protection of the environment.
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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 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.
C. 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.
Section 3. Amendment. Chapter 17.80 SVMC is hereby amended as follows:
17.80.010 Purpose and applicability.
A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision -making procedures for
reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to:
1. Ensure prompt review of development applications;
2. Provide for necessary public review and comment on development applications;
3. Minimize adverse impacts on surrounding land uses;
4. Encourage flexibility and innovation in the design and layout of development proposals; and
5. Ensure consistency with the Comprehensive Plan and development regulations.
B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC.
17.80.020 Types of development applications.
Land use and development applications are classified as follows:
A. Type I procedures apply to permits and decisions issued administratively;
B. Type II procedures apply to administrative actions that contain some discretionary criteria;
C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria;
D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale
implementation of public policy;
E. Exempt applications defined in SVMC 17.80.040.
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17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1
below:
Table 17.80-1— Permit Type and Land Use Application
Type
Land Use and Development Application
SVMC Cross -Reference
Accessory dwelling emits
19.40
Administrative determinations by city manager or designee
or building official
Multiple
Administrative exception
19.140
Administrative interpretation
17.50.010
Boundary line adjustments and eliminations
20.80
Building permits not subject to SEPA
21.20.040
Floodplain development
21.30
Grading permits
24.50
Type I
Home business permit
19.65.180
Shoreline letter of exemption
21.50
Record of survey to establish lots within a binding site plan
20.60.030
Right-of-way permits
22.130.100
Site plan review
19.130
Small cell permit
22.121; 22.122
Temporary use permit
19.160
Time extensions for preliminary subdivision, short
subdivision, or binding site plan
20.30.060
Alterations — preliminary and final short subdivisions and
preliminary and final binding site plans (where there is no
alteration of a public dedication)
20.60
Binding site plan — preliminary and final
20.50
Emergency shelter and emergency housing
19.45
Minor alterations — preliminary subdivisions
20.50
Type II
Permanent supportive housing
19.45
SEPA threshold determination
21.20.060
Shoreline conditional use permit
21.50
Shoreline nonconforming use or structure review
21.50
Shoreline substantial development pennit
21.50
Shoreline variance
21.50
Short subdivision — preliminary and final
20.30, 20.40
Transitional housing
19.45
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Type
Land Use and Development Application
SVMC Cross -Reference
Transitional parking programs
19.45
Vacation — short subdivisions and binding site plans where
there is no vacation of an area designated or dedicated for
public use
20.70
Wireless communication facilities
22.120
Alterations — final subdivisions (where a public hearing is
requested)
20.50
Alterations — preliminary and final short subdivisions and
preliminary and final binding site plans (where there is
alteration of a public dedication)
20.60
Conditional use permits
19.150
Type III
Subdivisions — preliminary
20.30
Substantial alterations — preliminary subdivisions
20.50
Vacation — subdivision; short subdivisions and binding site
plans where there is vacation of an area designated or
dedicated for public use
20.70
Variance
19.170
Zoning map amendments (site -specific rezones)
19.30.030
Annual Comprehensive Plan amendments (text and/or map)
17.80.140
Type IV
Area -wide zoning map amendments
17.80.140
Development Code text amendments
17.80.150
B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1
shall be assigned a type based on the most closely related application type by the city manager or designee, unless
exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the
greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits,
shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the
procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter
21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth
in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not
limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and
Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible
facilities requests, collocations, small cell permits, and new wireless communication facilities.
E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original
permit type.
17.80.040 Exempt activities.
A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt
from the procedural requirements of Chapter 17.80 SVMC:
1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or
utilities.
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2. A change of any legally established use is exempt, unless the change of use requires:
a. An increase in the number of parking spaces provided;
b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits;
c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or
d. Review by SEPA.
3. Final subdivisions, short subdivisions, and binding site plans.
4. Building permits that are not subject to SEPA.
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 provided that the interior alterations do not result in the following:
(a) Additional sleeping quarters or bedrooms;
(b) Nonconformity with federal emergency management agency substantial improvement thresholds; or
(c) Increase the total square footage or valuation of the structure thereby requiring upgraded fire access or
fire suppression systems.
B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable
standards and requirements of the SVMC.
17.80.050 Development application requirements.
A. Application Forms. All applications shall be made on forms provided by the department. The city manager or
designee shall have authority to modify application forms.
B. Submittal Information. All applications shall include the information required in applicable provisions of the
SVMC as identified in Table 17.80-2 and other additional information required by the department.
C. Land use and development applications shall be signed by the owner(s) of the property.
D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties.
17.80.060 Final decision authority.
The final decision for application type shall be made by:
A. Type I — the department.
B. Type II — the department.
C. Type III — the hearing examiner.
D. Type IV — the city council preceded by a recommendation by the planning commission.
17.80.070 Required application procedures.
The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific
procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80,150.
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Table 17.80-2 — Permit Type and Land Use Application
Application Type
Pre -application
conference
17.80.080
Counter -complete
determination
17.80.090
Complete
determination
17.80.100
Notice of
application
17.80.110
Notice of public
hearing 17.80.120
Final decision and
notice 17.80.130
I
O
X
X
N/A
N/A
X
*II
**O
X
X
X
N/A
X
III
X
X
X
X
X
X
X Required O Optional N/A Not Applicable
*Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements.
**Except for short subdivisions and binding site plans which require a pre -application meeting.
17.80.080 Preapplication conference.
A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed
development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the
applicant with the applicable requirements of the SVMC and other laws, and to identify issues and concerns in
advance of a formal application.
B. Preapplication. Type II and III applicants shall schedule a preapplication conference and provide information
requested in advance of the meeting.
C. Preapplication Waivers. The city manager or designee may waive the preapplication conference if determined
that the proposal has few development -related issues, involves subsequent phases of an approved development, or is
substantially similar to a prior proposal affecting substantially the same property.
17.80.090 Counter -complete determination.
A. Determination and Application Content. Prior to accepting an application, the department shall determine
whether the application is counter -complete. A counter -complete application shall contain all information requested
in the applicable form. Review for counter -complete status does not include an evaluation of the substantive
adequacy of the information in the application.
B. Incomplete Application. If the department determines that the application is not counter -complete, the application
shall be rejected and the applicant advised of the information needed to complete the application.
C. Counter -Complete Application. Counter -complete applications shall be accepted for review for complete
determination.
17.80.100 Complete determination.
A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar
days, provide a written determination to the applicant that the application is complete, or that the application is
incomplete and that the procedural submission requirements have not been met. If, incomplete, the determination
shall outline what is required to make the application complete. The names of agencies of local, state, or federal
governments that may have jurisdiction over some aspect of the application to the extent known by the City shall be
provided to the applicant. An application shall be deemed complete on the 29th day after receiving a project permit
application if the City does not provide a written determination to the applicant that the application is incomplete.
The number of days shall be calculated by counting every calendar day.
B. Within 14 days after the applicant has submitted any additional information identified by the City as necessary,
the City shall notify the applicant whether the application is complete or what additional information is necessary.
C. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days, the
department shall:
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1. Reject and return the application;
2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the
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. 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 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 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 complete status may be revoked if the department determines that the applicant
intentionally submitted false information. In the event an applicant's 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
determined complete.
1. All notices of applications shall include the following:
a. The case file number(s), the date of application, and the date a 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 name, address, and telephone
number of a contact person for the applicant, if any;
g. A description of the site, including current zoning and nearest road intersections, sufficient to inform the
reader of its location and zoning;
h. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
i. The date, place, and times where information about the application may be examined and the name and
telephone number of the City representative to contact about the application; and
j. Any additional information determined appropriate by the department.
2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type II notice of application shall state:
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a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in
the denial of the application;
b. That all evidence relied upon by the department to make the decision shall be contained within the
record and is available for public review, and that copies can be obtained at a reasonable cost from the
depar tinent;
c. That, after the comment period closes, the department shall issue a Type II notice of decision.
3. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type III application shall state:
a. That a staff report shall be available for inspection at least seven calendar days before the public
hearing, and written comments may be submitted at any time prior to the closing of the record for the
public hearing.
B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or
neighborhood newspaper or trade journal and sent to the following persons by regular mail:
1. The applicant;
2. All adjacent property owners of record as shown on the most recent property tax assessment roll;
3. Any governmental agency entitled to notice; and
4. Any person filing a written request for a copy of the notice of application.
C. Type I Exception. A notice of application is not required for Type I applications.
D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for
Type III applications after the date the notice of application is mailed and posted on the subject property, for
individuals to submit comments. Within seven calendar days after the close of the public comment period, the
department shall mail to the applicant a copy of written public comments, including email communications timely
received in response to the notice of application, together with a statement that the applicant may either submit a
written response to these comments within 14 calendar days from the date the comments are mailed or waive the
response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be
provided to the department in writing. The department, in making its decision on the application, shall consider
written comments timely received in response to the notice of application and timely written responses to those
comments, including email communications, submitted by the applicant.
17.80.120 Notice of public hearing.
A public hearing is required for Type III applications. Unless otherwise indicated, public hearings under Title 17
SVMC shall be conducted by the hearing examiner pursuant to Appendix B.
A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information:
1. The application and/or project number;
2. Project summary/description of each project permit application;
3. The designation of the hearing body;
4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance
with the rules of procedure adopted by the hearing body;
5. General project location, vicinity, address, and parcel number(s), if applicable;
6. The name of the applicant or applicant's authorized representative and the name, address, and telephone
number of a contact person for the applicant, if any;
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7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any
appropriate statement regarding any shared or divided lead agency status and phased review and stating the end
of any final comment period;
8. A statement regarding the appeal process; and
9. The date when the staff report will be available and the place and times where it can be reviewed.
B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at
least 15 calendar days prior to the hearing date and shall be distributed as follows:
1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any
portion of the property abutting the subject property is owned, controlled, or under the option of the project
property owner, then all property owners within a 400-foot radius of the total ownership interest shall be
notified by first class mail. Property owners are those shown on the most recent Spokane County
assessor's/treasurer's database as obtained by the title company no more than 30 calendar days prior to the
scheduled public hearing. In addition, notice shall be sent to the following:
a. Agencies with jurisdiction (SEPA);
b. Municipal corporations or organizations with which the City has executed an interlocal agreement; and
c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed
action or who requested such notice in writing. Examples of considerations for determining when to
provide notice to other persons who may be affected include, but are not limited to, circumstances such as
large neighboring properties which limit the number of properties receiving notice within the 400-foot
radius, known or likely public interest in the project due to the size of the project or likely substantial
adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to
send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public
notice.
2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be
posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The
sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and
reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows:
a. A minimum of two-inch border on the top, sides, and bottom of the sign;
b. The first line in four -inch letters shall read "Notice of Public Hearing";
c. Spacing between all lines shall be a minimum of one inch; and
d. The text of the sign shall include the following information in a minimum of one -inch letters:
i. Proposal;
ii. Applicant;
iii. File number;
iv. Hearing (date and time);
v. Location; and
vi. Review authority.
3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade
journal.
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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.I 10.
2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the
beginning of the day's agenda.
3. The hearing examiner may consolidate applications involving the same or related properties for hearing.
E. Staff Reports.
1. The department shall coordinate and assemble the comments and recommendations of other City
departments and commenting agencies, and shall make a written staff report to the hearing examiner on all
applications subject to a public hearing.
2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed
with the office of the hearing examiner and mailed by first class mail or provided to the applicant. At such time,
the department shall also make the report available for public inspection. Upon request, the department shall
provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing.
3. If the staff report is not timely filed or furnished, the hearing examiner may at his/her discretion continue the
hearing, considering the prejudice to any party and the circumstances of the case.
4. The hearing examiner may make recommendations to the department on the format and content of staff
reports submitted to the hearing examiner.
F. Site Inspections.
1. The hearing examiner may make site inspections, which may occur at any time before the hearing examiner
renders a final decision. The hearing examiner need not give notice of the intention to make an inspection,
unless the site inspection will require the hearing examiner to enter the property, in which case the hearing
examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process
and the hearing examiner will not engage in substantive discussions with the owner/applicant.
2. The inspection and the information obtained from it shall not be construed as new evidence or evidence
outside the record. If an inspection reveals new and unanticipated information, the hearing examiner may, upon
notice to all parties of record, request a written response to such information or reopen the hearing and/or
record to consider the information.
17.80.130 Final decision.
A. Timeline to Make Final Decision — Type I. The department shall approve, approve with conditions, or deny a
Type I application within 60 calendar days after the date the application was accepted as 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 II and III. The final decision on a Type II and III application shall be
made not more than 120 calendar days (90 calendar days for subdivisions) after the date a complete determination is
made.
C. This period shall not include:
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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 between submittal and resolution of an appeal;
3. Any extension of time mutually agreed upon by the applicant and the City in writing;
4. Any time period excluded pursuant to RCW 36.70B.140(1) and (2).
D. The time periods for the City to process a permit shall start over if an applicant proposes a change in use that
adds or removes commercial or residential elements from the original application that would make the application
fail to meet the determination of procedural completeness for the new use.
E. If, at any time, an applicant informs the City, in writing, that the applicant would like to temporarily suspend the
review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecutive days
after the City has notified the applicant, in writing, that additional information is required to further process the
application, an additional 30 days may be added to the time periods for issuing a final decision. Any written notice
from the City to the applicant that additional information is required to further process the application must include a
notice that 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 making demonstrable progress on
providing additional requested information to the City, or that there is no ongoing communication from the applicant
to the City on the applicant's ability or willingness to provide the additional information.
F. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G).
G. Contents of Final Decision. The final decision on Type II and III applications shall contain the following
information:
1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's
proposal and of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to
the surrounding area, where applicable;
3. The date the decision shall become final, unless appealed;
4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the
decision;
5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an
appeal, and where further information can be obtained concerning the appeal;
6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of
approval, if any, is available for review. The notice of final decision shall list the place, days, and times where
the case file is available and the name and telephone number of the City representative to contact about
reviewing the case file;
7. A statement of the facts demonstrating how the application does or does not comply with applicable approval
criteria;
8. A statement of the basis of decision pursuant to the SVMC and other applicable law;
9. The reasons for a conclusion to approve, approve with conditions, or deny the application;
10. The decision to approve or deny the application and, if approved, conditions of approval necessary to
ensure the proposed development will comply with applicable law; and
11. The date the final decision is mailed.
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H. 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)(1).
17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated
with a Comprehensive Plan amendment, and area -wide rezones.
A. Initiation. Comprehensive Plan amendments and area -wide rezones may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. Applicant Initiated. Comprehensive Plan amendments and area -wide rezones shall be subject to a
preapplication conference, counter -complete, and complete determinations pursuant to SVMC 17.80.080,
17.80.090, and 17.80.100. The date upon complete determination shall be the date of registration with the
department.
2. Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed
on the register.
D. Register of Comprehensive Plan Amendments and Area -Wide Rezones. The department shall establish and
maintain a register of all applications.
E. Concurrent and Annual Review of Register.
1. Sixty calendar days prior to November 1 st in each calendar year, the City shall notify the public that the
amendment process has begun. Notice shall be distributed as follows:
a. Notice published in an appropriate regional or neighborhood newspaper or trade journal;
b. Notice posted on all of the City's official public notice boards; and
c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest.
2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent
with RCW 36.70A.130(2). Applications registered after November I st of the previous calendar year and before
November 1 st of the current calendar year shall be included in the annual review. Those registered after
November 1 st of the calendar year shall be placed on the register for review at the following annual review.
3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council
determines that an emergency exists or in other circumstances as provided for by RCW 3 6.70A. 130(2)(a).
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F. Notice of Public Hearing. Comprehensive Plan amendments and area -wide rezones require a public hearing
before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly
affected or changed by the proposal;
d. The date, time, and place of the public hearing;
e. A statement of the availability of the official file; and
f. A statement of the right of any person to submit written comments to the planning commission and to
appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B).
G. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission
shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for
all applications to the city council. The planning commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote,
recommend that the city council adopt the proposal. The planning commission may make modifications to any
proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial,
the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote,
recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or (2),
the proposal will be sent to the city council with the notation that the planning commission makes no
recommendation.
H. Approval Criteria.
1. The City may only approve Comprehensive Plan amendments and area -wide zoning map amendments if it
finds that:
a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and
protection of the environment;
b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the
portion of the City's adopted plan not affected by the amendment;
c. The proposed amendment responds to a substantial change in conditions beyond the property owner's
control applicable to the area within which the subject property lies;
d. The proposed amendment corrects an obvious mapping error; or
e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan.
2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments:
a. The effect upon the physical environment;
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b. The effect on open space, streams, rivers, and lakes;
c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
d. The adequacy of and impact on community facilities including utilities, roads, public transportation,
parks, recreation, and schools;
e. The benefit to the neighborhood, city, and region;
f. The quantity and location of land planned for the proposed land use type and density and the demand for
such land;
g. The current and projected population density in the area; and
h. The effect upon other aspects of the Comprehensive Plan.
I. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and
recommendations, the city council shall consider the findings and recommendations of the planning commission
concerning the application and may hold a public hearing pursuant to city council rules. The department shall
distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the
Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If the modification is substantial, the city council shall either conduct a public
hearing on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC
17.80.140(I)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no
further action shall be required by the city council, although the city council may take such other action as it deems
appropriate.
J. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city
council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the
amendments in order to initiate the 60-day comment period. No later than 10 calendar days after adoption of the
proposal, a copy of the final decision shall be forwarded to Commerce.
17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24.
A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. After submittal of an applicant -initiated application, the application shall be subject to a preapplication
conference, counter -complete determination, and 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.
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D. Notice of Public Hearing. Amendments require a public hearing before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. The date, time, and place of the public hearing;
d. A statement of the availability of the official file; and
e. A statement of the right of any person to submit written comments to the planning commission and to
appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and
the main branch of the library.
E. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission
shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning
commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote,
recommend that the city council adopt the proposal. The planning commission may make modifications to any
proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial,
the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote,
recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or (2),
the proposal shall be sent to the city council with the notation that the planning commission makes no
recommendation.
F. Approval Criteria. The City may approve amendments to the SVMC if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the
environment.
G. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and
recommendations, the city council shall consider the findings and recommendations of the planning commission
concerning the application and may hold a public hearing pursuant to city council rules. The department shall
distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city
council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If modification is substantial, the city council must either conduct a public hearing
on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
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In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC
17.80.150(G)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no
further action shall be required by the city council, although the city council may take such other action as it deems
appropriate.
H. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city
council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period.
No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to
Commerce.
17.80.160 Optional consolidated review process.
A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary
land use, engineering, and environmental permits issued by the City if requested in writing from the applicant.
Permit decisions of other agencies are not included in this process, but public meetings and hearings for other
agencies may be coordinated with those of the city. Where multiple approvals are required for a single project, the
optional consolidated review process is composed of the following:
1. Preapplication Meeting. A single preapplication meeting will be conducted for all applications submitted
under the optional consolidated review process.
2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated
determination of completeness will be made pursuant to SVMC 17.80.100.
3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of
application will be issued pursuant to the provisions of SVMC 17.80.110.
4. Comment Period. The consolidated application shall provide for one comment period for all permits included
in the consolidated application.
5. The City shall issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any
companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be
heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as
the companion Type III application.
6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit
applications. The notice shall include the Type III permit to be heard and any open record appeals of
administrative portions of the consolidated application.
7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and
Type II appeals and all Type III project permit applications subject to a public hearing.
17.80.170 Vesting of applications.
A. Purpose. The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the
needs of the City and consistent with state law.
B. Vested Rights. Except for rezones, an application for a land use or development application type set forth in
Table 17.80-1 shall be considered under the development regulations in effect on the date a complete application is
filed, pursuant to SVMC 17.80.100.C. Vested Rights for Subsequent Building Permits or Land Disturbing Activity
Permits. Building permit or land disturbing activity permit applications that are filed subsequent to and related to a
prior development permit or application of the types listed in SVMC 17.80.170(C)(1) through (14) shall be
considered under the development regulations in effect at the time a complete application listed in SVMC
17.80.170(C)(1) through (14) is filed pursuant to SVMC 17.80.100.
1. Accessory dwelling unit;
2. Boundary line adjustment or elimination;
3. Floodplain development;
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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 fling a complete application for any subsequent building permit or land -disturbing activity
permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the
permit(s) or approval(s) applied for in the application types listed in SVMC 17.80.170(C)(1) through (14).
D. Development Regulations. For the purpose of SVMC 17.80.170, "development regulation" means those
provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land, including
provisions that control or affect the type, degree, or physical attributes of land development or use. For purposes of
SVMC 17.80.170, "development regulation' does not include fees or procedural regulations.
E. Applicability of Current Building Code. A complete building permit application shall always be subject to that
version of SVMC Title 24 in effect at the time the building permit application is submitted.
F. Rezones Not Acquiring Vested Rights. Notwithstanding any other provision in SVMC 17.80.170, any application
dependent on approval of a rezone application shall not acquire vested rights to any particular development
regulations until the underlying rezone is approved. At that time, the application dependent on approval of a rezone
shall be considered under the development regulations in effect at the time the underlying rezone is approved.
G. Waiver of Vested Rights. At any time during the processing of an application, an applicant may voluntarily opt to
have all applications for a project be governed by development regulations in effect on a date later than the date
provided pursuant to SVMC 17.80.170(B) through (F). The applicant may exercise that option by delivering a
written and signed waiver to the department stating that the property owner agrees:
1. To waive all rights provided pursuant to SVMC 17.80.170(B) through (F) and any related vested rights claim
they may have with the application;
2. To have all applications for the project be governed by all development regulations in effect on the date of
delivery of the waiver, subject to the limitations set forth in SVMC 17.80.170(B) through (F);
3. That any change or modification to the project required or desired pursuant to new development regulations
may result in a new determination of whether the application is still complete based upon the changes. In the
event the application or project is changed such that it is no longer complete, the applicant shall provide such
information as is required to render the modified application 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 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.
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In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1)
through (4), the application shall be considered under the development regulations in effect on the date of delivery
of the waiver or, if necessary, the new date a modified application is determined 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 complete.
Section 4. Other sections unchanged. All other provisions of chapter 17.80 SVMC not specifically
referenced hereto shall remain in full force and effect.
Section 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
Ordinance.
Section 6. Effective Date. This Ordinance shall be in full force and effect five days after publication
of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as
provided by law.
Passed this 17" day of December 2024.
QAVI-
Pam Haley, Mayoi
All ST:
Marci Patterson, City Clerk
Approved As To Form:
k11-
Off/of the C/y Attorney `'
Date of Publication: 12, 21.2`i'
Effective Date: I- (' 5
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