2025-02-27 PC AGENDA PACKETjValleye
Notice and Agenda For Regular Meeting
Spokane Valley Planning Commission
Thursday, February 27, 2025 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 Spokane Valley Planning Commission meeting will be held on February 27, 2025, 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 hearing. " If making a
comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email planning a(a),spokanevallevwa.gov
or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken
in -person at the meeting, as noted on the agenda below:
LINK TO ZOOM MEETING INFORMATION:
https://Wokanevallgy.zoom.us/j/86262747051
US: +12532158782„ 86262747051# or+16699006833„86262747051# US
US: +1 253 215 8782 US (Tacoma)
Meeting ID: 862 6274 7051
AGENDA:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES: February 13, 2025
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 orpublic hearing as comments will be taken when those items appear on the agenda.
9. COMMISSION BUSINESS:
a. Findings of Fact: CTA-2024-0002 — Right -Of --Way (ROW) Permits (Presented by Tony Beattie)
b. Presentation: Department of Commerce Presentation on Climate Change (Presented By Steve
Roberge)
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
February 13, 2025
I. Acting Chairman Robert McKinley called the regular meeting to order at 6:02 p.m. The meeting was
held in person and via ZOOM meetings. Due to a technical issue, a brief ten-minute break was
called at 6:02 p.m.
The meeting was called back to order at 6:12 p.m.
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:
Michael Kelly
Bob McKinley
Emily Meyer
John Robertson
Justin Weathermen, absent
Ann Winkler
Dan Wilson
Tony Beattie, Deputy City Attorney
Steve Roberge, Planning Manager
Jenny Nickerson, Building Official
Justan Kinsel, IT Specialist
Marianne Lemons, Administrative Assistant
There was consensus from the Planning Commission to excuse Commissioner
Weathermon
III. AGENDA: Commissioner Kelly moved, and it was seconded, to approve the meeting agenda for
February 13, 2025. There was no discussion. The vote on the motion was six in favor, zero
opposed, and the motion passed.
IV. MINUTES: Commissioner Wilson moved, and it was seconded, to approve the meeting minutes for
the January 23, 2025, meeting. Commissioner Winkler noted a Scribner's error on the date. It
should be written as January 23, 2025. The vote on the motion was six in favor, and the motion
passed.
V. COMMISSIONER REPORT: Commissioner Winkler reported that she attended the Spokane
County meeting on February 12, 2025, to see their process of the Comprehensive Plan Update.
VI. ADMINISTRATIVE REPORT: Planning Manager Steve Roberge reported that the City Council
will be considering a contract for planning services related to the Comprehensive Plan Update at
their next Council Meeting. The scope of work and work program will be brought to the Planning
Commission. He also stated that the Department of Commerce will give a presentation at the next
meeting regarding Climate Change updates.
02-13-2025 Planning Commission Minutes Page 2 of 4
VH. PUBLIC COMMENT: There was no public comment offered.
VIH. COMMISSION BUSINESS:
a. Public Hearing: CTA-2024-0002 — Right -Of -Way (ROW) Permits
The public hearing was open at 6:20 p.m.
Deputy City Attorney Tony Beattie gave a staff presentation. He explained that ROW permits are
licenses to conditionally utilize the ROW or allow construction activities therein. ROW permits are
processed mostly by the City's Traffic Engineer team, often requiring coordination with other uses,
and proper conditions such as traffic plans to ensure safety and reduce risk to the City and the
general public. They also require adherence to the City's adopted street standards and pavement cut
policy. They are typically processed in two to three days.
Mr. Beattie stated that ROW permits are currently processed as Type 1 permits pursuant to Chapters
22.130 and 17.80 Spokane Valley Municipal Code (SVMC) which is related to Development
Regulations. Staff feels that they should not be processed under this code because ROW is not
private property, and the public does not have the "right" to obstruct the public ROW. However, the
City can grant a license or permit to allow the public to obstruct or work in the ROW for a short
period of time.
Mr. Beattie said that staff feels that since ROW permits are not land use or development regulations
related to use of private property, they would be better suited in Title 9 of the SVMC related to
"Vehicles and Traffic.". Mr. Beattie also noted that staff proposed to repeal Section 22.130.090
regarding Conditional Use Permits (CUP) because it is not relevant to current processes because
staff processes all CUP applications as Type III permits that require a hearing in front of the Hearing
Examiner. Staff also proposed to remove exemption language from the code related to "normal"
maintenance and repair because the word normal can be broadly interpreted by the ROW applicant.
Mr. Beattie noted that a Study Session was held on December 12, 2024, and the Findings of Fact
outlining the recommendation of the Planning Commission will be held on February 27, 2025. It
will then be forwarded to the City Council for consideration and approval. He also explained that
the adoption of the new code section in Title 9 will also be presented to the City Council for
consideration as well.
Commissioner Kelly asked if this new code would make the more process better or more onerous for
the public to get ROW permits. Mr. Beattie responded that he feels it will make the process clearer
and provide clarity regarding exemptions that exist. Building Official Jenny Nickerson commented
that the clarity changes will give the staff fewer opportunities to misinterpret the intent of the
regulations and more opportunities for the vehicles and traffic regulations that exist within the Code
and are enforceable by law enforcement to all be housed within one central location in the Code to
make enforcement and permit approval easier.
Commissioner Kelly asked about the revisions to Title 9 and when they would be reviewed by the
Planning Commission. Building Official Jenny Nickerson responded that Title 9 is not related to
02-13-2025 Planning Commission Minutes
Page 3 of 4
development regulations so that amendment will be considered solely by the City Council for
adoption. Mr. Beattie explained that the Planning Commission reviews Code Text Amendments
related to SVMC Titles 17-24 which pertain to Development Regulations. All other titles are
reviewed by the City Council.
Commissioner Wilson asked how many ROW permits are typically issued each year. Building
Official Nickerson answered that there were 1100 permits issued in 2024.
Commissioner Kelly asked for additional details regarding the removal of the exemptions in the
code. Ms. Nickerson responded that there have been some instances in the past where dangerous
work has been performed in the ROW where enforcement has had to get involved (either law
enforcement or code enforcement). The exemptions have been used as the violators' defense against
any action taken against them for the violation.
Commissioner Meyer asked if the violators are typically commercial businesses or residential
homeowners. Ms. Nickerson answered that the complaints usually stem from professional
contractors doing work at private homes. The new language that will be presented to the City
Council will include language that will increase homeowners' ability to maintain their landscaping
that is not part of the traveled roadway or sidewalk. The language will also address the dangerous/
emergency situations and allow more flexibility for homeowners to do work without being in
violation of the code.
Commissioner Robertson asked when the new language will be submitted to the City Council for
review and consideration. Mr. Beattie answered that he hopes it will be submitted by the end of
March or beginning of April 2025.
Chairman McKinley asked for public comment. There was no public comment offered.
The public hearing was closed at 6:52 p.m.
Commissioner Wilson moved, and it was seconded, to recommend approval of CTA-2024-0002
regarding Right -Of -Way permits to the City Council. There was no discussion. The vote on the
motion was six in favor, zero opposed, and the motion passed.
b. Presentation: Department of Commerce Presentation on Housing
Planning Manager Steve Roberge introduced Lilith Vespier (Infill Housing Manager), and Laura
Hodson (Housing and Planning Data Manager) with the Washington Department Of Commerce.
They gave a presentation regarding the Growth Management Act (GMA) Housing Element and
Regulations Overview.
IX. GOOD OF THE ORDER: There was nothing offered for the Good Of The Order.
X. ADJOURNMENT: Commissioner Wilson moved, and it was seconded, to adjourn the meeting at
8:24 p.m. The vote on the motion was six in favor, zero opposed, and the motion passed.
02-13-2025 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: February 27, 2025
Item: Check all that apply ❑ old business ® new business ❑ public hearing
❑ information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: CTA 2024-0002 Right-of-way Permits — Findings of Fact
GOVERNING LEGISLATION: Chapters 17.80 and 22.130 SVMC
PREVIOUS COMMISSION ACTION: Study Session, December 12, 2024; Public Hearing
February 13, 2025.
BACKGROUND: The purpose of right-of-way permits is to prevent unlicensed obstruction and
use of the right-of-way that impedes the traveling public, and to ensure applicants bear the
responsibility for damage caused by their activity. Pursuant to chapters 17.80 and 22.130 SVMC,
the City of Spokane Valley has treated right-of-way permits as Type I land use permits. However,
in reality, right-of-way permits are distinct from other permits listed in table Table 17.80-1 as they
are for management of the City's rights -of -way, easements, and other public properties held in trust
by the City for the public.
Further, pursuant to SVMC 17.80.040(A)(1), arguments have been made that certain entities, while
clearly impeding the traveling public, are conducting normal maintenance or repair, for which no
right-of-way permit may be required. Because of this, and other potential confusion with this
subsection, the City is recommending removing the exemption for normal repair and maintenance.
In total, CTA 2024-0002 would repeal SVMC 22.130.100 in its entirety, and make other minor
language changes to chapters 22.130, and 17.80 SVMC. City Council will consider adopting
chapter 9.50 SVMC for right-of-way permits in conjunction with Planning Commission's
recommendation related to CTA 2024-0002. Putting right-of-way permits in Title 9 related to
Vehicles and Traffic or Title 7 related to nuisances makes more sense for the public at large. The
new chapter of the SVMC would replace the repealed SVMC 22.130.100 and provide a clearer path
for enforcement of right-of-way permits through utilization of the nuisance procedure.
A study session was held on December 12, 2024, and a public hearing was conducted on February
13, 2025. A motion was made to recommend approval of CTA-2024-0002. Staff are bringing
forward the Findings of Fact for Planning Commission consideration. Pending approval, the
recommendation along with the Findings of Fact will be forwarded to the City Council.
RECOMMENDED ACTION OR MOTION: (1) Move to approve the Findings and Recommendation of
the Planning Commission for CTA-2024-0002.
STAFF CONTACT: Tony Beattie, Senior Deputy City Attorney
ATTACHMENTS:
1) Findings of Fact CTA 2024-0002
2) Staff Report
3) Proposed amendments to chapters 17.80 and 22.130 SVMC
RPCA Findings of Fact: CTA 2024-0002 Right-of-way Permits Page 1 of 1
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
CTA-2024-0002 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:
1. Right-of-way permits allow members of the public to temporarily obstruct right-of-way with necessary
conditions to protect the City and traveling public.
2. Right-of-way permits are distinct from land use development regulations in that they regulate the use
of the public right-of-way, not private property, and thus are not properly categorized as Type I permits.
3. These permits are regularly issued to commercial businesses, and utilities who do work in the right-of-
way, which necessarily requires temporary impediments to the traveling public.
4. In the past, the City has received challenges related to right-of-way permits by entities that believed
they were exempt from the regulations due to language cited in SVMC 17.80.040 related to "normal'
repairs and maintenance.
5. In order to make it clear that these permits are not Type I permits subject to the procedures of chapter
17.80 SVMC, and to remove any confusions surrounding the term "normal' repair and maintenance,
the City -initiated code text amendment modifies chapters 22.130 and 17.80 SVMC.
6. In conjunction with CTA-2024-0002 City staff will bring forward proposed amendments to right-of-
way permits as a separate ordinance for City Council consideration, which will relocate the permit
procedures to a more proper SVMC Title.
7. The Planning Commission held a properly noticed public hearing and conducted deliberations on
February 13, 2025. The Commissioners voted 5-0 to recommend that the City Council approve CTA-
2024-0002.
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.
U-Gl Coordinate with utility providers to balance cost-effectiveness with environmental
protection, aesthetic impact, public safety, and public health.
T-G3 Strive to reduce the number of serious injury/fatality collisions to zero.
T-P2 Consider neighborhood traffic and livability conditions and address potential
adverse impacts of public and private projects during the planning, designing, permitting, and
construction phases.
T-P4 Support voluntary efforts to beautify local and regional transportation corridors.
Conclusion:
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0002 Pagel of 2
FINDINGS AND RECOMMENDATIONS
OF THE SPOKANE VALLEY PLANNING COMMISSION
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. Unless exempt, right-of-way permits are required for any
person or company performing work or engaging in activity within City ROW. These permits
require certain conditions to ensure public safety and welfare including traffic control plans,
insurance, and adherence to pavement cut policies. Relocating right-of-way permit procedures to
Title 9 or 7 SVMC ultimately ensures these regulations are catalogued appropriately, and that
right-of-way permit procedures and requirements are not confused with the procedures and
requirements of Type I land use and development permits. The City will continue to provide
superior and efficient service to the public by processing these permits within days of receipt.
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 chapters 17.80 and 22.130
SVMC, clarifying that right-of-way permits are not subject to the procedures and requirements of
Type I land use and development permits, clarifying when permits are required, and other matters
related thereto 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-2024-0002 with the recommended change to section 17. 800. 100.13.
Attachment: Exhibit 1 —Proposed Amendment CTA-2024-0002
Approved this 27th day of February 2025
Planning Commission Chair
ATTEST
Marianne Lemons, Office Assistant
Findings and Recommendations of the Spokane Valley Planning Commission CTA-2024-0002 Page 2 of 2
Spokane Valley Municipal Code
Chapter 17.80 PERMT PROCESSING PROCEDURES
Page 1/3
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
Accessary dwelling units
19.40
Administrative determinations by city manager or designee
or building official
Multiple
Administrative exception
19.140
Administrative interpretation
17.50.010
Boundary line adjustments and eliminations
20.80
Building 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 ay permits
99 110100
Site plan review
19.130
Small cell permit
22.121; 22.122
Temporary use permit
19.160
Time extensions for preliminary subdivision, short
subdivision, or binding site plan
20.30.060
Alterations —preliminary and final short subdivisions and
preliminary and final binding site plans (where there is no
alteration of a public dedication)
20.60
Binding site plan — preliminary and final
20.50
Emergency shelter and emergency housing
19.45
Minor alterations — preliminary subdivisions
20.50
Permanent supportive housing
19.45
Type II
SEPA threshold determination
21.20.060
Shoreline conditional use permit
21.50
Shoreline nonconforming use or structure review
21.50
Shoreline substantial development permit
21.50
Shoreline variance
21.50
Short subdivision — preliminary and final
20.30, 20.40
Transitional housing
19.45
Spokane Valley Municipal Code
Chapter 17.80 PERMT PROCESSING PROCEDURES
Page 2/3
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. *4efmgl of REmergency repair or maintenance of public or private buildings, structures, landscaping, or
utilities.
Spokane Valley Municipal Code
Chapter 17.80 PERMT PROCESSING PROCEDURES
2. A change of any legally established use is exempt, unless the change of use requires:
a. An increase in the number of parking spaces provided;
b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits;
c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or
d. Review by SEPA.
3. Final subdivisions, short subdivisions, and binding site plans.
4. Building permits that are not subject to SEPA.
Page 3/3
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.
Spokane Valley Municipal Code
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
Chapter 22.130
DEVELOPMENT TRANSPORTATION IMPROVEMENTS
Sections:
22.130.010 Purpose.
22.130.020 Regulated activities.
22.130.030 Authority to develop and administer standards.
22.130.040 Street standards.
22.130.050 Manual on Uniform Traffic Control Devices.
22.130.060 Development project and permit review process.
22.130.070 Required improvements.
22.130.080 Repealed.
22.130.090 Conditional use permit.
22.130.100 a:_x.t e fiwa. ..,.,., iit and use r......:........._....Repealed.
22.130.110 Liability.
22.130.010 Purpose.
The purpose of Chapter 22.130 SVMC is to:
A. Maintain the proper function of street infrastructure;
B. Maintain and improve the street safety;
C. Provide for future street expansion;
Page 1/4
D. Identify requirements that may be imposed upon development projects and permits defined in SVMC 22.130.020.
22.130.020 Regulated activities.
All new development approvals and permits as set in Chapter 17.80 SVMC, unless exempt pursuant to SVMC
17.80.040, shall comply with Chapter 22.130 SVMC.
22.130.030 Authority to develop and administer standards.
The city manager or designee shall develop and administer the Spokane Valley street standards (SVMC 22.130.040)
and require development projects to provide transportation improvements, dedicate right-of-way and border
easements. These improvements will be required to achieve the purpose of Chapter 22.130 SVMC and goals of the
currently adopted Comprehensive Plan.
22.130.040 Street standards.
Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts, by reference, the City street standards, and as they
may be amended from time to time. The city clerk shall maintain a copy on file.
22.130.050 Manual on Uniform Traffic Control Devices.
The Washington Manual on Uniform Traffic Control Devices (MUTCD), and as it may be amended from time to
time, is hereby adopted by reference.
22.130.060 Development project and permit review process.
Following submittal of a completed application pursuant to Chapter 17.80 SVMC, the project shall be reviewed to
determine compliance with all applicable regulations and standards. Additional material and/or analysis may be
required to demonstrate compliance.
22.130.070 Required improvements.
A. Prior to the issuance of any approvals for development projects or permits subject to the provisions of Chapter
22.130 SVMC, the city manager or designee shall determine the extent and type of street improvements and right-
of-way/border easement dedications to the extent allowed by the law, and pursuant to the following:
Spokane Valley Municipal Code Page 2/4
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
1. The Comprehensive Plan;
2. The arterial street map;
3. The street standards (SVMC 22.130.040);
4. The Manual on Uniform Traffic Control Devices identified in SVMC 22.130.050;
5. The 19eal =The Ciri of Spokane Vallev Transportation Improvement Plan;
6. Information submitted by the applicant including any preliminary site plans, engineering reports, or other
relevant data;
7. A determination of the function, safety, efficiency and coordinated future expansion needs of the roadway
system to serve the traveling public and emergency vehicles; and
8. Portions of the uniform development code, SVMC Titles 17 through 25, that specifically identify required
future roadways, streets, or other rights -of -way.
B. Requirements may include but are not limited to:
1. The extent and type of required street improvements pursuant to SVMC 22.130.040;
2. The extent of additional and/or new right-of-way and/or border easement needed to support the required
improvements pursuant to SVMC 22.130.040;
3. Participation in capital improvement projects as included on the adopted six -year
planTransportation Improvement Plan.
4. Participation in transportation impact fee areas pursuant to chapter 22.100 SVMC,
22.130.080 Future acquisition areas.
Repealed by Ord. 18-003.
22.130.090 Conditional use permit.
Repealed by Ord. Dean.. DequireA Conditional use permits shall be :sued administratively at or
before the time development approvals and permits are granted. Conditional use permits shall, at a minimum,
22.130.100 Right-of-way permit and use requirements.
Repealed by Ord. A. Right of Way Permit Applicability. Unless exempt from permit requirements,
in activity within existing City rights of way, of an City owned infrastructure. A right of way permit authorizes a
a right of way permit is required of any person of companywho pprfmins P'onstru et-i -on- v, ork or other" ise engages—
�_ Wer* that iq Ave houfs or less in durAiao, as long as that wofl,. does not fequife !he elasufe 4mefe than 50
pefeem 4a nonaftefial street, does not elese any lanes an an arterial street, does no! involve exeavation " ithin
the rights of way, or does not involve cutting or placement of pavement, sidewalks, curbs or gutters.
Spokane Valley Municipal Code Page 3/4
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
done in any manner in violation of !he provisiong of the 9144C; or aRY oilier laws, ofdina slandafds of thig
rurisdietion.
Ad. fell 41 A .Ball be valid ....til the r 1iowi.... A pfil 30t4
.. efl.:....emmeneed or on the first City business day following said elapsed 48 h. of per-:..d
D. Righ4 of Way Permit Appheatieft. No right of way pefffiit silall be, issued unless a. �ATitten appheatieft is
submitted afid approved by the City. The application shall, a4 a miftimum, contain the fellewifig�
lanes
2. A traffie if thewar4 than 50
eantfal plan, elases more
pefeent @�the nonafterial sireet, of elases ", an
an afterial stf eel;
1 The time duria.... h:eh the ..F...ay;A411
he ..h..tfueted. all
lieensing, insurance and requirements.
pe.:..d @.
fight
4. Proof the
of eontractor's and all subeentractors' state
I ARP.RRlL ..... .1S!E!Ll...._.......
I•
S
I 11
ml
••
--------------
Spokane Valley Municipal Code Page 4/4
Chapter 22.130 DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
!he existing Gi!Y rights 4 way, of an City Owned is responsible fef all #49p' ReStral And Assumeq die
responsibility to maintain appropriate signage, signals and barricades that Protect the public sa",, ift aeeefdafteL-
Witli thp, 444-4-GD. The Person OF company shall Provide for the safe opefation of all equipment, vehieles and
persons ...:thift the fight of .. ,...
j. Damage to Existing All damage to existing publie of private iftfiasti�aetidft andlef pfepefty dtifing
Fepaif shall eenfefm to adopted City standaMs. if the pefmittee fails to fiffim-ish tlie, nece9saffy labef and matefials
and flie east gliall be ehafged against the pefmittee. Stteh ehafge shall be ifnmedia4ely paid by the pefffiittee and -
shall if nat paid en ,1......and be deemed .. valid elaim an the be fl,1 filed with the Cit..
K. Giiy's Right io Resiofe Right of Way aa4 Easements. if !he pefmittep fails to feglef@ any G45, right 4 way qT-
easement to its original wid PF0PGF condition upeft the expifa+ieft of the time fixed by such permit or shall othepwise.
fail to complete the right of way construction weric covered by stteh pefmit or if the work of the permittee is
defeeriye and the defea qq dqqrw',PrPd- within one year from the completion of the fight of way eonstructionwork-,
the City or designee shall have the right to do all worli and things necessary to restore the right of way and/ef
easement and to complete the right of way construction work.
The pefmittee shall be liable 4;�f a." eogtq and expenses Of Festefation of eeffifletion. The City shall hEwe a eause
aetieft fef all fees, expenses and afneuft4s paid fqF quE4i ;A,afk- Following demand, the City may elifefee its fi&s-
been paid.
L.-Insti-ranee Evidpnee. The permittee, prior to the eommeneement of construction hereunder, shall tumish the City
satisfaetory evidence in writing that the permittee has in force, during the pefformanee of the construction work or
aetivity, commercial general liability insurance of not less than $1,000,000 per occurrence and $2,000,000 general -
aggregate duly issued by an insurance eompany authorized to do business in this state. in addition, the poliey shall -
name the City as an additional narnpd insured. The City may reduce the insurance limits if good cause exists.
M. and- Rold 14a�'R,99. The pefmittee shall defend, indeFmtif�, and hold hafmiess the City, its
paA of the City. .411ft.1 ,.,...,1..et o fl the.
under the supervision of the city manager, may develop and adopt rules, policies and forms consistent with SVMC
22.130. 100 All adopted rules policies and forms shall be filed with the city clerk
o..F ..,.,.».,...t .. ....d ..,.....lt:,... ...... ,. l4....t,... 1'] 11111 CVT Ali .
22.130.110 Liability.
The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of
Chapter 22.130 SVMC shall rest with the permit applicant and their agents. Chapter 22.130 SVMC and its
provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are
not intended to protect any particular class of individuals or organizations.
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: February 27, 2025
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
® information ❑ study session ❑ pending legislation
AGENDA ITEM TITLE: Commerce presentation on new climate planning requirements
GOVERNING LEGISLATION: Revised Code of Washington (RCW) 36.70A (Growth Management
Act).
PREVIOUS COMMISSION ACTION: None.
BACKGROUND: This is the second informational presentation provided by Washington State
Department of Commerce, Growth Management Services, to the Planning Commission. The first, at our
last meeting, was focused on new housing requirements. This presentation will focus on new climate -
related requirements.
The Growth Management Act sets forth a periodic update schedule for all counties and cities in Washington
State to update their comprehensive plans and development regulations. The City of Spokane Valley is
required to complete the update of our Comprehensive Plan by June 30, 2026 (RCW 36.70A.130). If you
have question before or after the meeting, please, feel free to contact Steve at 509-720-5337 or
srober a ,Mokanevallevwa.gov
OPTIONS: Discussion
RECOMMENDED ACTION OR MOTION: Discussion
STAFF CONTACT: Steve Roberge, Planning Manager
ATTACHMENTS:
1) Climate presentation
RPCA Planning Commission Roles, Process, and Rules of Procedure Page 1 of I
Spokane Valley Planning Commission
Thinking Globally,
Planning Locally
Integrating Climate Goals & Policies
into Local Comprehensive Plans
02/27/25
Presentation at a Glance
• Climate planning requirements of Ch. 36.70A RCW (Laws 2023, HB 1181)
• Climate planning guidance
• Climate Policy Explorer Dashboard and other resources
aw
HOUSING AND INFRASTRUCTURE AND
HOMELESSNESS BROADBAND
PLANNING AND TECH
ASSISTANCE
COMMUNITY
SERVICES AND FACILITIES
a
AIL
`!N` SMALL BUSINESS
ll!!' , " ASSISTANCE
f+
CRIME VICTIMS AND
PUBLIC SAFETY
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-ad ENERGY
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ECONOMIC
DEVELOPMENT
WASHINGTON STATE DEPARTMENT OF COMMERCE
HB1181: Climate Law (2023)
Adds Climate &Resiliency Goal
(#14) to Growth Management Act
Ensure that comprehensive plans:
• adapt to and mitigate climate change;
• reduce GHG emissions and per capita VMT;
• prepare for climate impact scenarios;
• foster resiliency to climate impacts and
natural hazards;
• protect and enhance environmental,
economic, and human health and safety; and,
• advance environmental justice.
Climate planning law
Benton 2026
Clark 2025
• Climate Resilience: mandatory for Franklin 2026
all jurisdictions fully planning under King 2029
the GMA Kitsap 2029
Pierce 2029
• Greenhouse Gas Emissions Skagit 2025
Reduction: mandatory only for 11 Snohomish 2029
counties and their cities over 6,000 pokane 2026
population [see table] Thurston 2025
Whatcom 2025
Note: Includes all cities within these
counties over 6, 000 pop.
New approval option
May submit GHG emissions reduction
sub -element for approval
• Effective date would be when
approved by Commerce
• Appeals to the Hearings Board
would be limited to non-
compliance with guidance
• Approved GHG reduction element
not subject to administrative or
judicial appeal
• No option for approval of resilience sub -
element
12024 DueDom ill r 31.21M 0 2025 oue December 31. m ■ 2026 Due dune 30, 2026 ■ 2027 Due June X W27
* 5larred counties are parlialty planning under the Growth Management Act
Climate Planning Guidance
Resilience sub -element
Climate Element Planning Guidance
• Intermediate guidance is based on HB 1181 and available online
• Includes four main components:
Climate
policy team
Public
participation plan
Draft climate
element
Plan
integration
Minimum Requirements:
• Reduce GHG emissions generated
by transportation and land use;
• Reduce per capita vehicle miles
traveled; and
• Prioritize reductions that benefit
overburdened communities to
maximize the co -benefits of reduced
air pollution and environmental
justice.
WASHINGTON STATE DEPARTMENT OF COMMERCE 9
Greenhouse Gas Reduction Guidance
Pathway 1
Conduct GHG Emissions
Estimate
Pathway 2
Conduct Vehicle Miles Traveled
(VMT) Study or Evaluation
Develop GHG reduction goals and policies using
Ecology framework and sample measures in
Section 5.
Develop specific VMT/GHG reduction goals and
policies. Only transportation emissions sources
are evaluated.
Integrate goals
and policies
into a
comprehensive
Pathway3 plan
Develop GHG reduction goals and policies based
Create GHG Emissions Inventory on emissions inventory modeling results.
Climate resilience defined
"The ongoing process of anticipating, preparing for, and adapting
to changes in climate and minimizing negative impacts to our
natural systems, infrastructure, and communities.'
- RCW 70A.65.010
jam
WASHINGTON STATE DEPARTMENT OF COMMERCE 11
Resilience Guidance
• Include at least one goal and
supportive policy for each hazard
(e.g., extreme heat) relevant to the
jurisdiction.
• Prioritize actions that benefit
overburdened communities most
impacted by climate change.
Note: May adopt a natural hazard mitigation
plan by reference
Resilience Guidance
Step 1 Step 2
Explore Audit plan
climate and policies
impacts
Step 3
Assess
vulnerability
and risk
Step 4
Pursue pathways
Pathway 1 =
Select and/or adapt existing
goals and policies
Pathway 2 =
Develop new goals and
policies
Pathway 3 �
Update and adopt hazard
mitigation plan
Step 5
Integrate
goals and
policies
Hazard Mitigation Plans
■ Refer to Pathway 3 and appendix of intermediate climate planning guidance.
■ Commonalities between FEMA Guidance and Commerce Guidance:
• Create an equitable planning and engagement process.
• Identify local assets (e.g., structures, people, and natural, cultural and historic resources).
• Assess how climate change exacerbates natural hazards and risks to assets.
• Address hazards that affect jurisdiction via goals and prioritized actions (measures).
• Plan for equitable outcomes - ensuring that communities disproportionately harmed by
hazards benefit from actions to meet their needs.
Resources
Climate Measures
Developed through multi -year
state agency working group
Attributes:
• Type (Resilience or Mitigation)
• Paired measures (goals and
policies)
• Climate Sector
• Comprehensive Plan Element
• Co -benefits
Meawm/Policy/Action
11 CA nnm te =csr
Waste Management
Gimate sector
Water Resources
climate Sector
Zoning & Development
Supplemental Description (0)
Foster higher -intensity land uses in mixed -use Develop overlay or master plans for urban
urban villages and transit corridors. villages and transit corridors - "nodes and
corridors" planning. Also, make any
necessary code changes (zoning, design
standards, parking, etc.) and develop
incentives.
Ensure public band stops and stations are located at Goals and policies in transportation and land
or near (e.g., within 600 g.) shopping centers and use elements should be consistent and
malls. complimentary. Successful implementation of
this measure should be coordinated with
subarea or corridor planning
-
Entry# Pairin
Polici
32 32-1.0
236 32-1.1
Climate Policy Explorer Dashboard
Multiple ways to search our climate measures
%or Clil
Basic Search
Measure Type
GHG Reduction
1. Select applicable filters based on your areas or criteria of interest
2. Explore the list of measures based on the applied filters
Policy Explorer - Beta
n
Sector s,
Buildings &Energy, Transport-_ 2 v
❑ Agriculture&Food Systems
® Buildings &Energy
❑ Cultural Resources&Precious
❑ Economic Developmem
❑ Ecasytams
m Tanspoeetion(me ,bridges,
muffinni
Measures
IIICIIIaY'111L
• Ensure that buildings use renewable
energy, conservation, and efficiency
technologies and practices to reduce
greenhouse gas emissions.
o Goal - ID#: 81.00
Require additional net -zero
greenhouse gas emission features of
all new residential and commercial
structures.
o Policy - ID#: 81.0'
3. Review details related to selected measure
Measure Details
ID /: 81.00 High Fyloriry
Climate Sector Nexus: Buildings&Energy
Comprehensive Plan Element Nets: Capital Facilities (M), Conservation (0), Environmental Protection(0), Housing
(M), Land Use (M), Utilities (M)
Climate Measure:
Ensure that buildings use renewable energy, conservation, and efficiency technologies and practices to reduce
greenhouse as emissions.
Supplemental Dessription/Notes:
EJ note: Frontline communities identified the design, build, and retrofit of buildings for conserving energy,
generating solar power, and weathering climate impacts as a top environmental justice priority. Residential and
commercial buildings use large amounts of electricity. Jurisdictions can amend land use regulations to require new
esidential and commercial buildings to utilize renewable energy sources, reducing GHG emissions and mitigating
climate change.
Type: GHG Reduction
GHG Sub -element: Requirement 1, Requirement
Resilience Sub -element: NA
Other features:
• Highlights priority
measures
• Text search to explore
list of measures
• Factsheets may be
downloaded
Resources
• Climate Program Webpage
• Intermediate Climate Element Planning Guidance
• Climate Element Workbook
• Resilience Planning Resources
• Climate Mapping for Resilient Washington Tool by UW Climate Impacts Group
• US Climate Resilience Toolkit Framework
• Crosswalk Comparison of FEMA/Commerce Guidance by FEMA for HMP integration
• GHG Emissions Reduction Planning Resources
• WSDOT VMT Data
• EPA's Emission Factors Hub for GHG emissions calculation
• Sample RFP for GHG Emissions Inventory
Lessons Learned from Submitted Climate
Elements w„.,com 9M
San Juan Okanogan Pend
Skagit Ferry Stevens Oreille
• The first climate elements Island `�
Clallem Snohomish
Al —
are officially due in Chelan i
December 2025""•°" c ,4 Douglas Spokane
rays ryll;
op
• Some jurisdictions with ar�or
,} Klttitas Grant
ms Whitman
comprehensive plan updates Thurston
due in 2024 included a Pacific Lewis Yakima Franklin Garfie!L
climate element already Wahkiakum Columbia
Cowlitz Benton Walla
Skamania Walla MA
• Additionally, 3 jurisdictions Clark Klickitatopr
Periodic Update Due Dates
participated in a pilot , 2024 Due December3lst
hill 2025 - Due December 31 st
program , 2026 Due June 30th
kh 2027 - Due June 30th
Lessons Learned from Submitted
Climate Elements
• Coalitions with neighboring jurisdictions and community stakeholders have been
rewarding
• Don't get into philosophical arguments - direct discussion to locally applicable issues
• Focus on addressing vulnerabilities, community experiences, and co -benefits of potential
solutions
• The best plans include specific goals, performance measures, implementation plans, and
projects. Examples might include:
o Percent tree canopy coverage goal
o Identified cooling centers for extreme heat
o Identified habitat restoration projects
• Show how you are prioritizing actions that benefit overburdened communities
Climate planning grants
• Malcom
•
6- -•
•Mane
• Snohomish
•
Jeaeraon 1 N)
..-Khsep ••: •
Mason • •• (•
• •! :•
Greys Harbor •
Thhuursho• Pkx�
Padlc • -
wah m
COMAE
Skamanla
•
•ark
Spokane
ay Hcights 0
0
7 Grant
Kithlas r.�19n�y
• Adams
Whitman
• �� • Franklin
Yakln%* Garfieltl
•• " Columbia
• • BaAWalla Walla gsopn
alwlm N,
Spokane
Millwood
Spkane Valley
Liberty Lake
ROCkf
Spangle �
Fairfield
Waverly
i
Latah
a
Thank ! you 96,04,
Climate & Ecosystem Section •4 Q &•
gmsclimate@commerce.wa.gov
Washington State
Department of
Commerce
www.commerce.wa.gov In