2012, 02-21 Special Joint Study Session - Council & Planning Commission AMENDED AGENDA
SPECIAL JOINT MEETING/STUDY SESSION
SPOKANE VALLEY CITY COUNCIL/
SPOKANE VALLEY PLANNING COMMISSION
Tuesday,February 21, 2012 6:00 p.m.
CITY HALL COUNCIL CHAMBERS
11707 East Sprague Avenue,First Floor
(Please Silence Your Cell Phones During the Meeting)
Call to Order and Welcome by Mayor Towey
AGENDA ITEMS:
1. Shoreline Management Program Update—John Hohman/Lori Barlow
a. Question/Answer with new Shoreline Attorney
b. Shoreline Update Schedule
2. Planning Commission Roles and Responsibilities—John Hohman
3. Public Records Act Training—Cary Driskell
4. Open Public Meeting Act/Appearance of Fairness Doctrine—Kelly Konkright
5. Other Topics of Mutual Interest
6.EXECUTIVE SESSION: Pending/Potential Litigation [RCW 12.30.110(1)(i)]
"I Move that Council adjourn into executive session for approximately thirty minutes to discuss pending/potential
litigation,and that no action will be taken upon return to open session."
ADJOURN
Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council
always reserves the right to request information from the public and staff as appropriate. During meetings held by the City
of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the
agenda. The term"action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative
decision.
NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other
impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made.
Study Session Agenda,February 21,2012 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 21, 2012 Department Director Approval:
Check all that apply: [' consent ❑ old business [' new business [' public hearing
❑ information ® admin. report [' pending legislation [' executive session
AGENDA ITEM TITLE: Shoreline Master Program (SMP) Update
GOVERNING LEGISLATION: RCW 90.58
PREVIOUS COUNCIL ACTION TAKEN: Numerous discussions regarding local implementation
of the Shoreline Management Act under RCW 90.58.
BACKGROUND: The City has retained Van Ness Feldman GordonDerr to provide legal
support and to contribute information and ideas in the analysis, drafting, and adoption of the
SMP and its individual components. Jay Derr and Tadas Kisielius will be present to discuss
their experiences and support strategy, and may have some initial comments on the work
completed thus far. Staff will present a tentative review schedule for the SMP update process
and will generally discuss the completed and remaining steps.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: N/A
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: Lori Barlow, AICP, Senior Planner
ATTACHMENTS:
Shoreline Master Program Update Timeline
SMP Update Tentative Timeline
Page 1
2012
2013
Legend:
* = Tentative Date f o r Review
## = DOE Due Dates
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Goals and Policies
PC Study Session
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Open House#3
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PC Public Hearing
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CC-Review and Resolutions
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DOE Draft Due/Final Due
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Public Review Segment 2
Environment Designations
Draft complete
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Joint PC/CC Study Session optional
*
DOE Draft Due/Final Due
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Critical Areas Integration
Draft Analysis Complete
*
DOE Draft Due/Final Due
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Development Regulations
Draft complete
*
Joint PC/CC Study Session
*
DOE Draft Due/Final Due
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Open Houses#4
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PC Public Hearing
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CC-(Review and Resolution)
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Public Review Segment 3
Restoration Plan
Draft complete
*
DOE Draft Due/Final Due
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Public Access Flan
Draft Complete
DOE Draft Due/Final Due
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Joint PC CC Study Session
*
Open House#5
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PC Public Hearing
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CC (review and Resolution)
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Page 1
SMP Update Tentative Timeline
dates to be determined
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## = DOE Due Dates
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Draft Complete
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Final Draft Complete
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DOE Draft Due/Final Due
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No Net Loss Report
Draft Complete
*
DOE Draft Due/Final Due
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Administrative Procedures
Draft Complete
*
DOE Draft Due/Final Due
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Final Draft SMP complete
*
SEPA Review
PC Study Session
Open House
PC Public Hearing
CC Study Session
CC 1st Reading
CC Ordinance
DOE Draft Due/Final Due
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Page 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 21,2012 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑public hearing
® information ❑ admin.report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Planning Commission Role and Responsibilities
GOVERNING LEGISLATION: RCW 35.63; SVMC 18.10
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: Planning Commission roles and responsibilities will be discussed.
OPTIONS:N/A
RECOMMENDED ACTION:N/A
BUDGET/FINANCIAL IMPACTS:N/A
STAFF CONTACT: John Hohman, CD Director
ATTACHMENTS:
RCW 35.63—Planning Commissions
SVMC 18.10—Planning Commission
Resolution No. 11-010 Planning Commission Rules of Procedure
2/14/12 Spokane Valley,Washington
Chapter 18.10
PLANNING COMMISSION
Sections:
18.10.010 Establishment and purpose.
18.10.020 Membership.
18.10.030 Meetings — Rules.
18.10.040 Staff support.
18.10.050 Duties and responsibilities.
18.10.010 Establishment and purpose.
There is created the City of Spokane Valley planning commission (hereafter referred to as the
"planning commission"). The purpose of the planning commission is to study and make
recommendations to the mayor and city council for future planned growth through continued
review of the City's comprehensive land use plan, development regulations, shoreline
management, environmental protection, public facilities, capital improvements and other
matters as directed by the city council. (Ord. 07-015 § 4, 2007).
18.10.020 Membership.
A. Qualifications. The membership of the planning commission shall consist of individuals
who have an interest in planning, land use, transportation, capital infrastructure and building
and landscape design as evidenced by training, experience or interest in the City.
B. Appointment. Members of the planning commission shall be nominated by the mayor and
confirmed by a majority vote of at least four members of the city council. Planning
commissioners shall be selected without respect to political affiliations and shall serve without
compensation. The mayor, when considering appointments, shall attempt to select residents
who represent various interests and locations within the City.
C. Number of Members/Terms. The planning commission shall consist of seven members.
All members shall reside within the City. Terms shall be for a three-year period, and shall
expire on the thirty-first day of December.
D. Removal. Members of the planning commission may be removed by the mayor, with the
concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office,
or other just cause, or for unexcused absence from three consecutive regular meetings.
Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the city
council regarding membership on the planning commission shall be final and without appeal.
E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled
for the unexpired term in the same manner as for appointments.
F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter
42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of
Fairness; and such other rules and regulations as may be adopted from time to time by the
city council regulating the conduct of any person holding appointive office within the City. No
elected official or City employee may be a member of the planning commission. (Ord. 07-015
§ 4, 2007).
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2/14/12 Spokane Valley,Washington
18.10.030 Meetings— Rules.
A. The planning commission shall every year organize and elect from its members a chair,
who shall preside at all meetings of the planning commission and perform such other
functions as determined by rule. A vice chair shall be elected to preside in the absence of the
chair. A majority of the planning commission members shall constitute a quorum for the
transaction of business, and a majority vote of those present shall be necessary to carry any
proposition.
B. The planning commission shall determine a regular meeting schedule (time, place and
frequency) and shall meet at least one time every month. All meetings shall be open to the
public.
C. The planning commission shall adopt such rules and procedures as are necessary for the
conduct of business, subject to the approval of city council, and shall keep a recording of its
proceedings.
D. All hearings before the planning commission shall be conducted in the manner set forth in
Appendix B. (Ord. 07-015 § 4, 2007).
18.10.040 Staff support.
Administrative staff support to the planning commission shall be provided by the City's
community development department (hereafter referred to as the "department"). In addition,
the planning commission, through its chair, may request formal opinions or memorandums
from the city attorney or community development director (hereafter referred to as the
"director") on any pending matter. (Ord. 07-015 § 4, 2007).
18.10.050 Duties and responsibilities.
The planning commission, as an advisory body to the city council, shall perform and have the
following duties and responsibilities:
A. Assist in the preparation of a Comprehensive Plan and development regulations in
compliance with Chapters 35A63 and 36.70A RCW, including the establishment of
procedures for early and continuous public participation in the development and amendment
of the Comprehensive Plan and the development regulations;
B. Review plans and regulations related to land use management, shoreline management,
environmental policy, transportation systems, public facilities and capital infrastructure
planning and development;
C. Upon request from the city manager or city council, review potential annexations to the
City;
D. Where design review is required by land use ordinances of the City, perform such design
review unless that review is delegated to some other appointed body or City staff;
E. Identify issues and recommend priorities for geographic subareas including park and open
space areas in the City;
F. Meet and confer with the hearing examiner to review the administration of land use policies
and ordinances to enhance the planning and permitting process;
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2/14/12 Spokane Valley,Washington
G. Make periodic written and oral reports to the city council addressing work in progress and
other significant matters relating to the City;
H. Hold public hearings in the exercise of duties and responsibilities;
I. Perform such other duties and powers as may be conferred by ordinance, resolution or
motion of the city council.
Unless otherwise assumed by the city council, the planning commission shall hold all public
hearings required to be held in the course of adoption or amendment to the Comprehensive
Plan, the development regulations, adoption or amendment of the zoning map, or adoption or
amendment of regulations for the subdivision of land, shoreline management, environmental
regulations, and other land use ordinances of the City. (Ord. 07-015 § 4, 2007).
Compile Title
This page of the Spokane Valley Municipal Code is City Website: http://www.spokanevalley.org/
current through Ordinance 12-001, passed January 10, (http://www.spokanevalley.org/)
2012. City Telephone: (509) 720-5102
Disclaimer: The City Clerk's Office has the official version of Code Publishing Company
the Spokane Valley Municipal Code. Users should contact the (http://www.codepublishing.com/)
City Clerk's Office for ordinances passed subsequent to the eLibrary
ordinance cited above. (http://www.codepublishing.com/elibrary.html)
www.codepublishing.com/WA/spokanevalley.html 3/3
City of Spokane Valley
Planning Commission RULES OF PROCEDURE
Updated 06-22-2006
Updated 02-09-2010
Updated 11-29-2011
We, the members of the Planning Commission of the City of Spokane Valley, State of Washington,
pursuant to the City of Spokane Valley Municipal Code (SVMC) 18.10, do hereby adopt and publish the
following Rules of Procedure:
ORGANIZATION AND RULES OF PROCEDURE
1. Name
A. The "City of Spokane Valley Planning Commission,"hereinafter referred to as the "Commission"
is an advisory body created by the City Council for purposes consistent with SVMC 18.10.
2. Location
A. The Commission offices shall be the City Hall of the City of Spokane Valley.
3. Officers
Unless otherwise required by a vacancy in office, the Commission shall organize every year in
accordance with SVMC 18.10.
A. Officers of the Commission shall be elected from its membership; the officers shall be Chair,
Vice Chair, and other appropriate officers that the Commission may choose to approve and
appoint by majority vote.
B. Planning Commission members must have served at least one full calendar year to be eligible to
be elected as an Officer.
B. The Chair shall preside over the Commission and exercise all powers incidental to the office,
retaining however, the full right as a member of the Commission to propose motions, second
motions and have a vote recorded on all matters of the Commission.
C. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties
incumbent upon the Chair, and retain the full right as a member of the Commission in the same
manner as the Chair.
4. Secretary of the Commission
A. The Director of the Department of Community Development or his/her designee shall serve as the
Secretary to the Commission.
B. The Secretary shall provide for a recording of all Commission meetings, including public
hearings and shall ensure that summary minutes of all public hearings are prepared and filed in
the public record.
C. The Secretary will conduct and record a roll call of the Commission members at each meeting,
public hearing and study session.
5. Election of Officers
A. Officers shall be elected at the first regular meeting in January of each year, by majority vote of
the membership of the Commission. Terms of office shall run from the first January meeting
until December 31 or until a successor has been elected. No Commission member shall serve
Updated and Approved by Council 11-29-2011 Page 1 of 6
more than two full consecutive terms as Chair of the Commission. No member shall serve as
Vice-Chair for more than two full consecutive terms.
In the event that the Commission has no sitting Chair at the first regular meeting in January, the
Vice-Chair will preside over the Commission until officers are elected. If at the first regular
meeting in January,both the Chair and Vice-Chair are no longer Planning Commission members,
the Planning Commission Secretary will preside over the meeting until Officers are elected.
B. A vacancy in any office will be filled by a special election,to be held at a convenient time with a
majority present. In the event that the office of Chair is vacated,the vice-chair shall serve in that
capacity until the required special election is held. Any member of the Commission who has
served for at least one full calendar year,is eligible to fill the vacancy. However,no member can
hold two office positions.
6. Quorum
A. A quorum shall consist of four members of the Commission and no action can be taken in the
absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be
present for public hearings and study sessions.
7. Voting
A. The affirmative vote of a majority of those present shall be necessary for the adoption of any
motion or other general matter.
B. For the conduct of business dealing with matters which require adoption or changes to the City's
Comprehensive Plan and the election of officers, at least four affirmative votes must be cast.
Each member of the Commission is entitled to one vote but no proxy shall be allowed.
C. No member may participate or vote on a matter unless the member has been in attendance at all
public hearings regarding such matter or has listened to the taped recording of the public hearing
and reviewed the written record of the matter in question.
8. Meetings
A. There shall be at least one regular meeting each month with additional meetings scheduled as
necessary. Regular meetings shall be scheduled on the 2nd and 4th Thursdays of the month,
commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be
extended by a majority vote of the Commission. Meetings may be used for general planning
matters,study sessions or public hearings as described below.
1. Meetings on General Planning Matters. General planning matters to be reviewed by the
Commission will typically be preceded by a study session of the Commission to discuss the
issues with Community Development Department staff. Generally, no testimony from the
public shall be taken at a study session.
2. Public Hearing Meeting. A public hearing is a meeting wherein general business and public
hearing items, such as the Comprehensive Plan and development regulations are discussed
and decided.
3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the
Chair or,in the absence of the Chair,by the Vice-Chair. Notice of cancellation shall be given
personally to Commission Members and to the public by posting a notice at Commission
offices.
4. The recommended order of business for meetings is:
a. Call to order by Chair.
Updated and Approved by Council 11-29-2011 Page 2 of 6
b. Pledge of Allegiance.
c. Roll call by recording secretary.
d. Approval of Agenda.
e. Approval or amendment of minutes.
f. Public Comment.
g. Commission Members Report.
h. Administrative Report.
i. Commission Business.
i. Unfinished Business
ii. New Business
j. For the Good of the Order.
k. Adjournment.
B. Planning Commission meetings shall be held in accordance with the requirements of the Open
Meetings Act,RCW Chapter 42.30.
C. Special meetings and study sessions may be called:
1. By the request of the Chair,or,in the Chair's absence,by the Vice-Chair.
2. By the written request of three or more members of the Commission.
3. By agreed motion of the Commission.
9. Conduct of Hearings
A. Actions for a Planning Commission Public Hearing.
Prior to the start of the public hearing,the Chair may require that all persons wishing to be heard
shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether
they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall
not be permitted to speak until all those who signed in have done so. At any public hearing,
persons who have signed in and wish to be heard shall be given an opportunity to be heard.. The
Chair, subject to concurrence by the majority of the Commission, may establish time limits and
otherwise control presentations. The Chair may change the order of speakers so that testimony is
heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested
interests,etc.)
B. The Chair introduces the agenda item, opens the public hearing, and announces the following
Rules of Order:
1. All comments by proponents, opponents, or the public shall be made from the speaker's
rostrum, and any individual making comments shall first give his/her name and address. This
is required because an official recorded transcript of the public hearing is being made.
2. It is not necessary to be a proponent or opponent in order to speak.
If you consider yourself neither a proponent nor opponent,please speak during the proponent
portion and identify yourself as neither a proponent nor an opponent.
3. No comments shall be made from any other location, and anyone making "out of order"
comments shall be subject to removal from the meeting.
Updated and Approved by Council 11-29-2011 Page 3 of 6
4. Demonstrations, applause or other audience participation during or at the conclusion of
anyone's presentation are prohibited. It is distracting to the Commission and persons
testifying.
5. These rules are intended to promote an orderly system of holding a public hearing, to give
persons an opportunity to be heard and to ensure that individuals are not embarrassed by
exercising their right of free speech.
C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies,
the Chair(or in the case of a potential violation by that individual,the Vice Chair)will ask if any
Commission member knows of any reason which would require such member to excuse
themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as
follows:
All Commission members should now give consideration as to whether they have:
1. A demonstrated bias or prejudice for or against any party to the proceedings;
2. A direct or indirect financial interest in the outcome of the proceeding;
3. A prejudgment of the issue prior to hearing the facts on the record, or
4. Had ex parte contact with any individual, excluding administrative staff, with regard to an
issue prior to the hearing. Please refer to Section 15(B) for more specific information on how
to proceed where there has been an ex parte communication.
If any Commission member should answer in the affirmative,then the Commission members
should state the reason for his/her answer so that the Chair may inquire of administration as
to whether a violation of the Appearance of Fairness Doctrine exists.
CONDUCTING THE PUBLIC HEARING
a. The Chair announces the matter and opens the public hearing stating the date and time.
b. The Chair allows staff to describe the matter under consideration and place matters in the
public record.
c. The Chair inquires as to whether Commissioners have any questions of staff. If any
Commission member has questions,the appropriate individual will be recalled.
d. The Chair allows proponents, opponents and the public to offer testimony and evidence
on the pending matter. The Chair may allow Commission members to ask questions of
any person at the conclusion of their testimony.
e. At the conclusion of the public testimony, the Chair asks staff if there is_any additional
information,testimony or evidence to submit for the record.
f. The Chair either closes or continues the public hearing. Additional testimony may not be
requested or considered after the closing of the public hearing, unless the Chair declares
the record open until a date certain for the purpose of receiving written testimony or
materials.
g. The Chair inquires if there is a motion by any Commission member. If a motion is made,
it shall be in the form of an affirmative motion. Affirmative motion are preferred to
prevent "approval by default" of a failed negative motion. Following the motion and its
second,discussion occurs among Commission members.
h. The Chair inquires if there is any further discussion by the Commission members.
i. The Chair inquires if there are any final comments or recommendations from staff.
Updated and Approved by Council 11-29-2011 Page 4 of 6
j. The Chair inquires of the Commission members if they are ready for the question.
k. The Chair calls for the vote on the motion
1. The Chair may direct staff to prepare findings for approval.
D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Department of
Community Development in advance of a hearing.
10.Agenda, Staff Reports and Minutes for Regular Meetings.
A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be
sent to each member up to seven(7)days prior to the date of the meeting.
B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas
and staff reports will be made available to applicants and the public at the same time.
11. Minutes and Communications with the City Council.
A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in
connection therewith shall be considered the public record and filed with the City Clerk.
The Secretary shall provide the Commission members with a set of minutes of the previous
meeting. These minutes shall be considered for approval by the Commission at a regularly
scheduled public meeting and upon approval shall become part of the official record of action of
the Commission. Minutes shall also be transmitted as correspondence to the City Council for
general information.
B The assigned City Council Liaison may attend meetings for the purposes of communications with
the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE
COORDINATION MANUAL."
12. Recording of Meetings
Proceedings of all public hearings, meetings, study sessions and any special meetings shall be
recorded and retained.
13. Code of Conduct
A. Prohibited Acts. Members of the Commission are prohibited from:
1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in
office.
2. Acting in a manner that intentionally disrupts Commission meetings.
3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12-month period
without such absence being excused by the Commission.
4. Using his or her position to secure special privileges or exemptions for himself, herself, or
others.
5. Directly or indirectly giving or agreeing to receive compensation, gifts,rewards, or gratuities
from any source, except the City of Spokane Valley, for a matter connected with or related to
the services as a member of the Commission,unless otherwise provided by law.
6. Accepting employment or engaging in business or professional activities that he or she might
reasonably expect would require or induce said member to disclose confidential information
acquired by reason of membership on the Commission.
Updated and Approved by Council 11-29-2011 Page 5 of 6
7. Disclosing confidential information gained by reason of his or her membership on the
Planning Commission or using such information for his or her personal gain or benefit.
14. Conflict of Interest
A. Any Commission member having a direct or indirect interest in, or who would benefit from any
matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or
required by law,refrain from participating or voting on the matter.
15.Appearance of Fairness
A. The Commission shall adhere to the applicable requirements of the appearance of fairness
doctrine,RCW Chapter 42.36.
B. During the pendency of any quasi-judicial proceeding,no Commission member may engage in ex
parte communications with proponents or opponents about a proposal involved in the pending
proceeding,unless the Commission member:
1. places on the record the substance of such oral or written communications; and
2. provided that a public announcement of the content of the communication and of the parties'
right to rebut the substance of the communication shall be made at each hearing where action
is taken or considered on the subject. This does not prohibit correspondence between a
citizen and Commission members if the correspondence is made part of the record, when it
pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060)
16. Review of These Rules of Procedure
The Planning Commission shall review these rules of procedure on the first anniversary of their
adoption and the odd numbered years thereafter. Any amendments identified by the Planning
Commission shall be forwarded to the City Council for review and ratification.
KNOW ALL PERSONS BY THESE PRESENT:
That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that
upon review and majority vote the above and forgoing rules have been duly adopted by the members of
said Commission.
BY:
Secretary of the Commission
Date:
Updated and Approved by Council 11-29-2011 Page 6 of 6
2/14/12 Chapter 35.63 RCW: Planning commissions
Chapter 35.63 RCW
Planning commissions
RCW Sections
35.63.010 Definitions.
35.63.015 "Solar energy system" defined.
35.63.020 Commissioners -- Manner of appointment.
35.63.030 Commissioners -- Number--Tenure — Compensation.
35.63.040 Commissions — Organization — Meeting — Rules.
35.63.050 Expenditures.
35.63.060 Powers of commissions.
35.63.065 Public notice -- Identification of affected property.
35.63.070 Regional commissions --Appointment -- Powers.
35.63.080 Restrictions on buildings -- Use of land.
35.63.090 Restrictions -- Purposes of.
35.63.100 Restrictions -- Recommendations of commission — Hearings --Adoption of comprehensive plan —
Certifying -- Filing or recording.
35.63.105 Amendments to comprehensive plan to be adopted, certified, and recorded or filed in accordance with
RCW 35.63.100.
35.63.110 Restrictive zones.
35.63.120 Supplemental restrictions — Hearing --Affirmance, disaffirmance, modification of commission's decision.
35.63.125 Development regulations — Consistency with comprehensive plan.
35.63.126 Development regulations —Jurisdictions specified — Electric vehicle infrastructure -- City retrofitting
incentive programs.
35.63.127 Development regulations —Jurisdictions specified — Electric vehicle infrastructure -- County retrofitting
incentive programs.
35.63.130 Hearing examiner system --Adoption authorized --Alternative — Functions -- Procedures.
35.63.140 Residential care facilities — Review of need and demand --Adoption of ordinances.
35.63.150 Conformance with chapter 43.97 RCW required.
35.63.160 Regulation of manufactured homes — Definitions.
35.63.161 Manufactured housing communities -- Prohibitions of city due to community status as a nonconforming
use.
35.63.170 Definitions.
35.63.180 Child care facilities — Review of need and demand —Adoption of ordinances.
35.63.185 Family day-care provider's home facility — City may not prohibit in residential or commercial area --
Conditions.
35.63.200 Moratoria, interim zoning controls -- Public hearing -- Limitation on length.
35.63.210 Accessory apartments.
35.63.220 Treatment of residential structures occupied by persons with handicaps.
35.63.230 Watershed restoration projects -- Permit processing -- Fish habitat enhancement project.
35.63.240 Planning regulations — Copies provided to county assessor.
apps.leg.wa.gov/RCW/default.aspx?cite=35.63&full=true# 1/16
2/14/12 Chapter 35.63 RCW: Planning commissions
35.63.250 General aviation airports.
35.63.260 Conditional and special use permit applications by parties licensed or certified by the department of social
and health services or the department of corrections -- Mediation prior to appeal required.
35.63.270 Application for a permit to site an energy plant or alternative energy resource --Written notice to United
States department of defense.
Notes:
Acquisition of interests in land for conservation, protection, preservation, or open space purposes by cities or towns:
RCW
Airport zoning: Chapter RCW.
Appearance of fairness doctrine --Application to local land use decisions: RCW 42.36.010.
Approval of proposed plats, subdivisions, and dedications of land: Chapter 58.17 RCW.
Boundaries and plats: Title Jo RCW.
Counties, planning enabling act: Chapter 36.70 RCW.
County sewerage, water and drainage systems: Chapter 36.94 RCW.
Housing authorities law: Chapter 35.82 RCW.
Joint operations by municipal corporations or political subdivisions, deposit and control of funds: RCW 43.09.285.
Local governmental organizations, actions affecting boundaries, etc., review by boundary review board: Chapter 36.93
RCW.
Municipal revenue bond act: Chapter 35.41 RCW.
Police and sanitary regulations: State Constitution Art. 11 § 11.
Recording of plats: Chapter RCW.
35.63.010
Definitions.
As used in this chapter the following terms shall have the meaning herein given them:
"Appointive members"means all members ofa commission other than exofficio members;
"Board"means the board of county commissioners;
"City'includes every incorporated city and town;
"Commission"means a cityor county planning commission;
"Council"means the chief legislative body of a city;
"Ex officio members"means the members ofa commission chosen from among cityorcountyofficials;
"Highways"include streets, roads, boulevards,lanes,alleys,viaducts and other traveled ways;
"Mayor"means the chief executive of a city;
"Municipality"includes every county and city.
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[1965 c 7 §35.63.010.Prior: 1935 c 44 § 1; RRS§ 9322-1.]
35.63.015
"Solar energy system" defined.
As used in this chapter, "solar energysystem"means any device or combination of devices or elements which rely upon direct
sunlight as an energy source, including but not limited to anysubstance or device which collects sunlight for use in:
(1)The heating or cooling of a structure or building;
(2)The heating or pumping of water;
(3) Industrial,commercial,or agricultural processes;or
(4)The generation of electricity.
Asolar energysystem may be used for purposes in addition to the collection of solar energy.These uses include, but are
not limited to,serving as a structural member or part of a roof of a building or structure and serving as a window or wall.
[1979 exs.c 170§ 2.]
Notes:
Severability -- 1979 ex.s. c 170: See note following RCW 64.04.140.
Local governments authorized to encourage and protect solar energy systems: RCW 64.04.140.
35.63.020
Commissioners— Manner of appointment.
If any council or board desires to avail itself of the powers conferred bythis chapter it shall create a city or county planning
commission consisting of from three to twelve members to be appointed bythe mayor or chair of the municipality and
confirmed bythe council or board: PROVIDED,That in cities of the first class having a commission form of government
consisting of three or more members,the commissioner of public works shall appoint the planning commission,which
appointment shall be confirmed bya majorityof the city commissioners.Cities of the first class operating under self-
government charters may extend the membership and the duties and powers of its commission beyond those prescribed in
this chapter.
[2009 c 549 §2113; 1965 c 7§35.63.020 . Prior: (i) 1935 c 44 §2, part; RRS§9322-2, part.(ii) 1935 c 44§ 12; RRS§ 9322-12.]
35.63.030
Commissioners— Number—Tenure — Compensation.
The ordinance, resolution,or act creating the commission shall set forth the number of members to be appointed, not more
than one-third of which number maybe ex officio members byvirtue of office held in any municipality.The term of office for ex
officio members shall correspond to their respective tenures.The term of office for the first appointive members appointed to
such commission shall be designated from one to sixyears in such manner as to provide that the fewest possible terms will
expire in anyone year.Thereafter the term of office for each appointive member shall be either four or sixyears,as determined
by legislative action of the council.
Vacancies occurring otherwise than through the expiration of terms shall be filled for the unexpired term. Members maybe
removed,after public hearing, bythe appointing official,with the approval of his or her council or board,for inefficiency, neglect
of duty,or malfeasance in office.
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The members shall be selected without respect to political affiliations and theyshall serve without compensation.
[2011 c 59§ 1;2009 c 549 §2114; 1965 c 7§ 35.63.030. Prior: 1935 c 44§ 2, part; RRS§9322-2, part.]
35.63.040
Commissions—Organization — Meeting — Rules.
The commission shall elect its own chair and create and fill such other offices as it maydetermine it requires.The commission
shall hold at least one regular meeting in each month for not less than nine months in each year. It shall adopt rules for
transaction of business and shall keep a written record of its meetings, resolutions,transactions,findings and determinations
which record shall be a public record.
[2009 c 549 §2115; 1965 c 7§ 35.63.040. Prior: 1935 c 44§ 3; RRS§9322-3.]
35.63.050
Expenditures.
The expenditures of any commission or regional commission authorized and established under this chapter,exclusive of gifts,
shall be within the amounts appropriated for the purpose bythe council or board.Within such limits,anycommission may
employsuch employees and expert consultants as are deemed necessaryfor its work.
[1965 c 7 §35.63.050.Prior: 1935 c 44 §4; RRS§ 9322-4.]
35.63.060
Powers of commissions.
The commission mayactas the research and fact-finding agencyof the municipality.To that end it may make such surveys,
analyses, researches and reports as are generallyauthorized or requested by its council or board,or bythe state with the
approval of its council or board.The commission, upon such request or authoritymayalso:
(1) Make inquiries, investigations,and surveys concerning the resources of the county, including but not limited to the
potential for solar energydevelopment and alternative means to encourage and protect access to direct sunlight for solar
energy systems;
(2)Assemble and analyze the data thus obtained and formulate plans for the conservation of such resources and the
systematic utilization and development thereof;
(3) Make recommendations from time to time as to the best methods of such conservation, utilization,and development;
(4)Cooperate with other commissions and with other public agencies of the municipality,state and United States in such
planning,conservation,and development;and
(5) In particular cooperate with and aid the state within its territorial limits in the preparation of the state master plan provided
for in RCW 43.21, 350 and in advance planning of public works programs.
In carrying out its powers and duties,the commission should demonstrate how land use planning is integrated with
transportation planning.
[2002 c 189 § 1; 1988 c 127§ 1; 1979 ex.s.c 170 §3; 1965 c 7§ 35.63.060. Prior: 1935 c 44§ 10; RRS§ 9322-10.]
Notes:
Severability -- 1979 ex.s. c 170: See note following RCW 64.04.140.
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35.63.065
Public notice — Identification of affected property.
Any notice made under chapter 35.63 RCW that identifies affected property may identifythis affected property without using a
legal description of the property including, but not limited to, identification byan address,written description,vicinitysketch,or
other reasonable means.
[1988 c 168 §9.]
35.63.070
Regional commissions—Appointment— Powers.
The commissions of two or more adjoining counties,of two or more adjacent cities and towns,of one or more cities and towns
and/or one or more counties,together with the boards of such counties and the councils of such cities and towns may
cooperate to form,organize and administer a regional planning commission for the making of a regional plan for the region
defined as maybe agreed upon bythe commissions, boards and councils.The regional commission when requested bythe
commissions of its region, mayfurther perform any of the other duties for its region that are specified in RCW 35.63.060 for city
and county commissions.The number of members ofa regional commission,their method of appointment and the proportion
of the cost of regional planning,surveys and studies to be borne respectively bythe various counties and cities in the region,
shall be such as maybe agreed upon by commissions, boards and councils.
Any regional planning commission,or the councils or boards respectivelyof anycity,town,or county,are authorized to
receive grants-in-aid from the government of the United States or of anyof its agencies,and are authorized to enter into any
reasonable agreement with anydepartment or agencyof the government of the United States to arrange for the receipt of
federal funds for planning in the interest of furthering the planning program.
[1965 c 7 §35.63.070.Prior: 1957 c 130§ 1; 1935 c 44§ 11; RRS§ 9322-11.]
Notes:
Commission as employer for retirement system purposes: RCW 41.40.010.
35.63.080
Restrictions on buildings— Use of land.
The council or board may provide for the preparation by its commission and the adoption and enforcement of coordinated plans
for the physical development of the municipality. For this purpose the council or board, in such measure as is deemed
reasonably necessary or requisite in the interest of health,safety, morals and the general welfare, upon recommendation by its
commission, bygeneral ordinances of the cityor general resolution of the board, may regulate and restrict the location and the
use of buildings,structures and land for residence,trade, industrial and other purposes;the height, number of stories,size,
construction and design of buildings and other structures;the size of yards,courts and other open spaces on the lot or tract;the
densityof population;the set-back of buildings along highways, parks or public water frontages;and the subdivision and
development of land;and mayencourage and protect access to direct sunlight for solar energysystems.Acouncil where such
ordinances are in effect, may,on the recommendation of its commission provide for the appointment of a board of adjustment,
to make, in appropriate cases and subject to appropriate conditions and safeguards established by ordinance,special
exceptions in harmonywith the general purposes and intent and in accordance with general or specific rules therein contained.
[1979 exs.c 170§4; 1965 c 7 §35.63.080. Prior: 1935 c 44 §5; RRS§ 9322-5.]
Notes:
Severability -- 1979 ex.s. c 170: See note following RCW 64.04.140.
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35.63.090
Restrictions— Purposes of.
All regulations shall be worked out as parts of a comprehensive plan which each commission shall prepare for the physical
and other generallyadvantageous development of the municipality and shall be designed,among other things,to encourage
the most appropriate use of land throughout the municipality;to lessen traffic congestion and accidents;to secure safetyfrom
fire;to provide adequate light and air;to prevent overcrowding of land;to avoid undue concentration of population;to promote a
coordinated development of the unbuilt areas;to encourage the formation of neighborhood or community units;to secure an
appropriate allotment of land area in new developments for all the requirements of community life;to conserve and restore
natural beauty and other natural resources;to encourage and protect access to direct sunlight for solar energysystems;and to
facilitate the adequate provision of transportation,water,sewerage and other public uses and requirements, including
protection of the qualityand quantityof groundwater used for public water supplies. Each plan shall include a review of
drainage,flooding,and storm water run-off in the area and nearbyjurisdictions and provide guidance for corrective actions to
mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound.
[1985 c 126 § 1; 1984 c 253§ 1; 1979 exs.c 170 §5; 1965 c 7§ 35.63.090. Prior: 1935 c 44§ 7; RRS§9322-7.]
Notes:
Severability -- 1979 ex.s. c 170: See note following RCW 64.04.140.
35.63.100
Restrictions— Recommendations of commission — Hearings—Adoption of comprehensive plan — Certifying
— Filing or recording.
The commission may recommend to its council or board the plan prepared by it as a whole,or may recommend parts of the
plan bysuccessive recommendations;the parts corresponding with geographic or political sections,division or subdivisions of
the municipality,or with functional subdivisions of the subject matter of the plan,or in the case of counties,with suburban
settlement or arterial highwayarea.ltmayalso prepare and recommend anyamendmentorextension thereof or addition
thereto.
Before the recommendation of the initial plan to the municipalitythe commission shall hold at least one public hearing
thereon,giving notice of the time and place byone publication in a newspaper of general circulation in the municipalityand in
the official gazette, if any,of the municipality.
The council mayadopt by resolution or ordinance and the board may adopt by resolution the plan recommended to it bythe
commission,or any part of the plan,as the comprehensive plan.
Atrue copy of the resolution of the board adopting or embodying such plan or any part thereof or any am endment thereto
shall be certified bythe clerk of the board and filed with the county auditor.Alike certified copyof any map or plat referred to or
adopted bythe county resolution shall likewise be filed with the countyauditor.The auditor shall record the resolution and keep
on file the map or plat.
The original resolution or ordinance of the council adopting or embodying such plan or any part thereof or any amendment
thereto shall be certified bythe clerk of the city and filed by him or her.The original of any map or plat referred to or adopted by
the resolution or ordinance of the council shall likewise be certified bythe clerk of the city and filed by him or her.The clerk shall
keep on file the resolution or ordinance and map or plat.
[2009 c 549 §2116; 1967 exs.c 144 § 8; 1965 c 7§ 35.63.100. Prior: 1935 c 44 § 8; RRS§ 9322-8.]
Notes:
Effective date -- 1967 ex.s. c 144: The effective date of 1967 ex.s. c 144 is July 30, 1967.
Severability -- 1967 ex.s. c 144: See note following RCW 36.900.030.
Validation -- 1967 ex.s. c 144: "Any city comprehensive plan and all amendments thereto which have been filed
or recorded with the county auditor prior to the effective date of this 1967 amendatory act shall be valid and need not
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be refiled with the clerk of the city to remain valid and in full force and effect." [1967 ex.s. c 144 § 10.]
35.63.105
Amendments to comprehensive plan to be adopted, certified, and recorded or filed in accordance with RCW
35.63.100.
All amendments to a comprehensive plan shall be adopted,certified,and recorded or filed in the same manner as authorized
in RCW 35.63.100 for an initial comprehensive plan.
[1967 exs.c 144§ 9.]
Notes:
Severability -- 1967 ex.s. c 144: See note following RCW 36.900.030.
Validation -- 1967 ex.s. c 144: See note following RCW 35.63.100.
35.63.110
Restrictive zones.
For anyorall of such purposes the council or board,on recommendation of its commission, may divide the municipalityorany
portion thereof into districts of such size,shape and area,or may establish such official maps,or development plans for the
whole or any portion of the municipalityas maybe deemed best suited to carryout the purposes of this chapter and within such
districts it may regulate and restrict the erection,construction, reconstruction,alteration, repair or use of buildings,structures or
land.
[1965 c 7 §35.63.110.Prior: 1935 c 44 §6; RRS§ 9322-6.]
35.63.120
Supplemental restrictions— Hearing —Affirmance, disaffirmance, modification of commission's decision.
Anyordinance or resolution adopting any such plan or regulations,or any part thereof, may be amended,supplemented or
modified bysubsequentordinance or resolution.
Proposed amendments,supplementations,or modifications shall first be heard bythe commission and the decision shall
be made and reported bythe commission within ninety days of the time that the proposed amendments,supplementations,or
modifications were made.
The council or board, pursuant to public hearing called bythem upon application therefor by any interested partyor upon their
own order, mayaffirm, modify or disaffirm anydecision of the commission.
[1965 c 7 §35.63.120.Prior: 1957 c 194§ 1; 1935 c 44§ 9; RRS§9322-9.]
35.63.125
Development regulations— Consistency with comprehensive plan.
Beginning July 1, 1992,the development regulations of each city and countythat does not plan under RCW 36.70A040 shall
not be inconsistent with the citys or count-Vs comprehensive plan. For the purposes of this section,"development regulations"
has the same meaning as set forth in RCW 36.70A030.
[1990 1st exs.c 17 § 22.]
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Notes:
Severability -- Part, section headings not law -- 1990 1st ex.s. c 17: See RCW 36.70A.900 and 36.70A.901.
35.63.126
Development regulations—Jurisdictions specified — Electric vehicle infrastructure — City retrofitting
incentive programs.
(1) ByJuly 1,2010,the development regulations of anyjurisdiction:
(a)Adjacent to Interstate 5, Interstate 90, Interstate 405,or state route number 520,with a population over twentythousand,
and located in a countywith a population over one million five hundred thousand;or
(b)Adjacent to Interstate 5 and located in a countywith a population greater than six hundred thousand;or
(c)Adjacent to Interstate 5 and located in a countywith a state capitol within its borders;
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or
resource use or critical areas.Ajurisdiction mayadopt and apply other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(2) ByJuly 1,2011,or six months after the distribution required under RCW 43.31.970 occurs,whichever is later,the
development regulations of anyjurisdiction adjacent to Interstate 5, Interstate 90, Interstate 405,or state route number 520
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or
resource use or critical areas.Ajurisdiction mayadopt and apply other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(3) ByJuly 1,2011,or six months after the distribution required under RCW 43.31.970 occurs,whichever is later,the
development regulations of anyjurisdiction planning under this chapter must allow battery charging stations as a use in all
areas except those zoned for residential or resource use or critical areas.Ajurisdiction may adopt and apply other development
regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is
allowed.
(4)Cities are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical
outlets capable of charging electric vehicles. Incentives may include bonus height,site coverage,floor area ratio,and
transferable development rights for use in urban growth areas.
(5)The definitions in this subsection applythroughout this section unless the context clearly requires otherwise.
(a)"Battery charging station"means an electrical corn ponent assemblyor cluster of component assemblies designed
specificallyto charge batteries within electric vehicles,which meet or exceed anystandards,codes,and regulations set forth by
chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b)"Battery exchange station"means a fullyautomated facilitythat will enable an electric vehicle with a swappable batteryto
entera drive lane and exchange the depleted batterywith a fully charged batterythrough a fully automated process,which
meets or exceeds anystandards,codes,and regulations set forth by chapter 19.28 RCW and consistent with rules adopted
under RCW 19.27.540.
(c)"Electric vehicle infrastructure"means structures, machinery,and equipment necessary and integral to support an electric
vehicle, including batterycharging stations, rapid charging stations,and battery exchange stations.
(d)"Rapid charging station"means an industrial grade electrical outlet that allows for faster recharging of electric vehicle
batteries through higher power levels,which meets or exceeds anystandards,codes,and regulations set forth bychapter
19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(6) If federal funding for public investment in electric vehicles,electric vehicle infrastructure,or alternative fuel distribution
infrastructure is not provided by February 1,2010,subsection (1)of this section is null and void.
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[2009 c 459 §9.]
Notes:
Finding — Purpose --2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations -- Electric vehicle infrastructure: RCW 47.80.090.
35.63.127
Development regulations—Jurisdictions specified — Electric vehicle infrastructure — County retrofitting
incentive programs.
(1) ByJuly 1,2010,the development regulations of anyjurisdiction with a population over six hundred thousand or with a state
capitol within its borders planning under this chapter must allow electric vehicle infrastructure as a use in all areas within one
mile of Interstate 5, Interstate 90, Interstate 405,or state route number 520,except those zoned for residential or resource use
or critical areas.Ajurisdiction may adopt and applyother development regulations that do not have the effect of precluding the
siting of electric vehicle infrastructure in areas where that use is allowed.
(2) ByJuly 1,2011,or six months after the distribution required under RCW 43.31.970 occurs,whichever is later,the
development regulations of anyjurisdiction adjacent to Interstate 5, Interstate 90, Interstate 405,or state route number 520
planning under this chapter must allow electric vehicle infrastructure as a use in all areas except those zoned for residential or
resource use or critical areas.Ajurisdiction mayadopt and apply other development regulations that do not have the effect of
precluding the siting of electric vehicle infrastructure in areas where that use is allowed.
(3) ByJuly 1,2011,or six months after the distribution required under RCW 43.31.970 occurs,whichever is later,the
development regulations of anyjurisdiction planning under this chapter must allow battery charging stations as a use in all
areas except those zoned for residential or resource use or critical areas.Ajurisdiction may adopt and apply other development
regulations that do not have the effect of precluding the siting of electric vehicle infrastructure in areas where that use is
allowed.
(4)Counties are authorized to adopt incentive programs to encourage the retrofitting of existing structures with the electrical
outlets capable of charging electric vehicles. Incentives may include bonus height,site coverage,floor area ratio,and
transferable development rights for use in urban growth areas.
(5)The definitions in this subsection applythroughout this section unless the context clearly requires otherwise.
(a)"Battery charging station"means an electrical corn ponent assern blyor cluster of component assemblies designed
specificallyto charge batteries within electric vehicles,which meet or exceed anystandards,codes,and regulations set forth by
chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540.
(b)"Battery exchange station"means a fullyautomated facilitythat will enable an electric vehicle with a swappable batteryto
entera drive lane and exchange the depleted batterywith a fully charged batterythrough a fully automated process,which
meets or exceeds any standards,codes,and regulations set forth by chapter 19.28 RCW and consistent with rules adopted
under RCW 19.27.540.
(c)"Electric vehicle infrastructure"means structures, machinery,and equipment necessary and integral to support an electric
vehicle, including batterycharging stations, rapid charging stations,and battery exchange stations.
(d)"Rapid charging station"means an industrial grade electrical outlet that allows for faster recharging of electric vehicle
batteries through higher power levels,which meets or exceeds anystandards,codes,and regulations set forth bychapter
RCW and consistent with rules adopted under RCW 19.27.540.
(6) If federal funding for public investment in electric vehicles,electric vehicle infrastructure,or alternative fuel distribution
infrastructure is not provided by February 1,2010,subsection (1)of this section is null and void.
[2009 c 459 § 13.]
Notes:
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Finding — Purpose --2009 c 459: See note following RCW 47.80.090.
Regional transportation planning organizations -- Electric vehicle infrastructure: RCW 47.80.090.
35.63.130
Hearing examiner system —Adoption authorized —Alternative — Functions— Procedures.
(1)As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and
report on any proposal to amend a zoning ordinance,the legislative bodyof a city or county may adopt a hearing examiner
system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning
ordinance when the amendment which is applied for is not of general applicability. In addition,the legislative body mayvest in a
hearing examiner the power to hear and decide those issues it believes should be reviewed and decided bya hearing
examiner, including but not limited to:
(a)Applications for conditional uses,variances,subdivisions,shoreline permits,or anyother class of applications for or
pertaining to development of land or land use;
(b)Appeals of administrative decisions or determinations;and
(c)Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.
The legislative bodyshall prescribe procedures to be followed bythe hearing examiner.
(2) Each cityor countylegislative bodyelecting to use a hearing examiner pursuant to this section shall byordinance specify
the legal effect of the decisions made bythe examiner.The legal effect of such decisions mayvaryforthe different classes of
applications decided bythe examiner but shall include one of the following:
(a)The decision maybe given the effect of a recommendation to the legislative body;
(b)The decision may be given the effect of an administrative decision appealable within a specified time limit to the
legislative body;or
(c)Except in the case of a rezone,the decision may be given the effect of a final decision of the legislative body.
(3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the
record,to support the decision.Such findings and conclusions shall also set forth the manner in which the decision would
carryout and conform to the city's or county's comprehensive plan and the city's or county's development regulations. Each final
decision of a hearing examiner, unless a longer period is mutually agreed to in writing bythe applicant and the hearing
examiner,shall be rendered within ten working days following conclusion of all testimonyand hearings.
[1995 c 347 §423; 1994 c 257 §8; 1977 ex.s.c 213 § 1.]
Notes:
Finding —Severability — Part headings and table of contents not law -- 1995 c 347: See notes following
RCW 36.70A.470.
Severability -- 1994 c 257: See note following RCW 36.70A.270.
Severability -- 1977 ex.s. c 213: "If any provision of this act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not
affected." [1977 ex.s. c 213 § 5.]
35.63.140
Residential care facilities— Review of need and demand —Adoption of ordinances.
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Each municipalitythat does not provide for the siting of residential care facilities in zones or areas that are designated for
single-familyor other residential uses,shall conducta review of the need and demand for the facilities, including the cost of any
conditional or special use permit that may be required.The review shall be completed by August 31, 1990.Acopyof the
findings,conclusions,and recommendations resulting from the review shall be sent to the*department of community
development bySeptember 30, 1990.
On or before June 30, 1991,each municipalitythat plans and zones under this chapter shall have adopted an ordinance or
ordinances that are necessaryto implement the findings of this review, if the findings indicate that such changes are
necessary,or shall notifythe*department of community development as to why such implementing ordinances were not
adopted.
[1989 c 427 §36.]
Notes:
*Reviser's note: Powers, duties, and functions of the department of community development and the department
of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development"
was renamed the "department of commerce" by 2009 c 565.
Severability -- 1989 c 427: See RCW 74.39.900.
35.63.150
Conformance with chapter 43.97 RCW required.
With respect to the National Scenic Area,as defined in the Columbia River Gorge National Scenic Area Act, P.L.99-663,the
exercise of any power orauthoritybya countyorcity pursuantto this chapter shall be subject to and in conformitywith the
requirements ofchapter43.97 RCW, including the Interstate Compact adopted by RCW 43.97.015,and with the management
plan regulations and ordinances adopted bythe Columbia River Gorge commission pursuant to the Compact.
[1987 c 499 §6.]
35.63.160
Regulation of manufactured homes— Definitions.
(1)A"designated manufactured home"is a manufactured home constructed after June 15, 1976, in accordance with state and
federal requirements for manufactured homes,which:
(a) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide bythirty-sixfeet long;
(b)Was originallyconstructed with and now has a composition or wood shake or shingle,coated metal,or similar roof of
nominal 3:12 pitch;and
(c) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building
code single-family residences.
(2)"New manufactured home"means any manufactured home required to be titled under Title 46 RCW,which has not been
previouslytitled to a retail purchaser,and is not a "used mobile home"as defined in RCW 82.45.032(2).
(3) Nothing in this section precludes cities from allowing any manufactured home from being sited on individual lots through
local standards which differ from the designated manufactured home or new manufactured home as described in this section,
except that the term "designated manufactured home"and "new manufactured home"shall not be used except as defined in
subsections (1)and (2)of this section.
[2004 c 256 §5; 1988 c 239§ 1.]
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Notes:
Findings—Intent-- Effective date --2004 c 256: See notes following RCW 35.21.684.
35.63.161
Manufactured housing communities— Prohibitions of city due to community status as a nonconforming use.
(1)After June 10,2004,a city maydesignate a new manufactured housing communityas a nonconforming use, but may not
order the removal or phased elimination of an existing manufactured housing community because of its status as a
nonconforming use.
(2)A city may not prohibit the entryor require the removal of a manufactured/mobile home, park model,or recreational
vehicle authorized in a manufactured housing community under chapter 59.20 RCW on the basis of the communitys status as
a nonconforming use.
[2011 c 158 §9; 2004 c 210 § 1.]
Notes:
Transfer of residual funds to manufactured home installation training account —2011 c 158: See note
following RCW 43.22A.100.
35.63.170
Definitions.
Unless the context clearly requires otherwise,the definitions in this section applythroughout RCW 35.22.660,35.63.180,
35A.63.210,36.32.520,and 36.70.675:
(1)"Family daycare home"means a person regularly providing care during part of the twenty-four-hourdayto sixorfewer
children in the family abode of the person or persons under whose direct care the children are placed.
(2)"Mini-day care center"means a person or agency providing care during part of the twenty-four-hour dayto twelve or fewer
children in a facility other than the family abode of the person or persons under whose direct care the children are placed,or for
the care of seven through twelve children in the family abode of such person or persons.
(3)"Day care center"means a person or agencythat provides care for thirteen or more children during part of the twenty-four-
hour day.
(4)"Child care facility'means a familydaycare home, mini-daycare center,and daycare center.
[1989 c 335 §3.]
Notes:
Findings— 1989 c 335: "The legislature finds that:
(1) A majority of women with preschool and school age children in Washington state are working outside of the
home and are in need of child care services for their children;
(2) The supply of licensed child care facilities in Washington state is insufficient to meet the growing demand for
child care services;
(3) The most convenient location of child care facilities for many working families is near the family's home or
workplace." [1989 c 335 § 1.]
Purpose — 1989 c 335: "The purpose of this act is to encourage the dispersion of child care facilities throughout
apps.leg.wa.gov/RCW/default.aspx?cite=35.63&full=true# 12/16
2/14/12 Chapter 35.63 RCW: Planning commissions
cities and counties in Washington state so that child care services are available at convenient locations to working
parents." [1989 c 335 § 2.]
Severability -- 1989 c 335: "If any provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
[1989 c 335 § 10.]
35.63.180
Child care facilities— Review of need and demand —Adoption of ordinances.
Each municipalitythat does not provide for the siting offamilydaycare homes in zones or areas that are designated for single-
family or other residential uses,and for the siting of mini-daycare centers and daycare centers in zones or areas that are
designated for any residential or commercial uses,shall conducta review of the need and demand for child care facilities,
including the cost ofanyconditional or special use permit that maybe required.The review shall be completed by August 31,
1990.Acopyof the findings,conclusions,and recommendations resulting from the review shall be sent to the*department of
communitydevelopment by Septem ber 30, 1990.
On or before June 30, 1991,each municipalitythat plans and zones under this chapter shall have adopted an ordinance or
ordinances that are necessaryto implement the findings of this review, if the findings indicate that such changes are
necessary,or shall notifythe*department of community development as to why such implementing ordinances were not
adopted.
[1989 c 335 §4.]
Notes:
*Reviser's note: Powers, duties, and functions of the department of community development and the department
of trade and economic development were transferred to the department of community, trade, and economic
development by 1993 c 280, effective July 1, 1994. The "department of community, trade, and economic development"
was renamed the "department of commerce" by 2009 c 565.
Findings– Purpose --Severability -- 1989 c 335: See notes following RCW 35.63.170.
Definitions for RCW 35.63.180: See RCW 35.63.170.
35.63.185
Family day-care provider's home facility— City may not prohibit in residential or commercial area —
Conditions.
(1) Except as provided in subsections (2)and (3)of this section, no city mayenact,enforce,or maintain an ordinance,
development regulation,zoning regulation,or official control, policy,or administrative practice that prohibits the use of a
residential dwelling, located in an area zoned for residential or commercial use,as a familyday-care provider's home facility.
(2)Acitymayrequire that the facility: (a)Complywith all building,fire,safety, health code,and business licensing
requirements; (b)conform to lot size, building size,setbacks,and lot coverage standards applicable to the zoning district except
if the structure is a legal nonconforming structure; (c)is certified bythe department of early learning licensor as providing a safe
passenger loading area;(d)include signage, if any,that conforms to applicable regulations;and (e)limit hours of operations to
facilitate neighborhood compatibility,while also providing appropriate opportunityfor persons who use familyday-care and who
work a nonstandard work shift.
(3)Acitymayalso require that the familyday-care provider, before state licensing, require proof of written notification bythe
provider that the immediately adjoining property owners have been informed of the intent to locate and maintain such a facility. If
a dispute arises between neighbors and the familyday-care provider over licensing requirements,the licensor may provide a
forum to resolve the dispute.
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2/14/12 Chapter 35.63 RCW: Planning commissions
(4) Nothing in this section shall be construed to prohibit a cityfrom imposing zoning conditions on the establishment and
maintenance of a family day-care provider's home in an area zoned for residential or commercial use,so long as such
conditions are no more restrictive than conditions imposed on other residential dwellings in the same zone and the
establishment of such facilities is not precluded.As used in this section,"family day-care provider"is as defined in RCW
43.215.010.
[2007 c 17§ 10; 2003 c 286§ 3; 1995 c 49§ 1; 1994 c 273§ 14.]
35.63.200
Moratoria, interim zoning controls— Public hearing — Limitation on length.
Acouncil or board that adopts a moratorium or interim zoning control,without holding a public hearing on the proposed
moratorium or interim zoning control,shall hold a public hearing on the adopted moratorium or interim zoning control within at
least sixty days of its adoption,whether or not the council or board received a recommendation on the matter from the
commission. If the council or board does not adopt findings of fact justifying its action before this hearing,then the council or
board shall do so immediately after this public hearing.Amoratorium or interim zoning control adopted under this section may
be effective for not longer than six months, but maybe effective for up to one year if a work plan is developed for related studies
providing for such a longer period.Amoratorium or interim zoning control may be renewed for one or more six-month periods if
a subsequent public hearing is held and findings of fact are made prior to each renewal.
[1992 c 207 § 1.]
35.63.210
Accessory apartments.
Any local government,as defined in RCW 43.63A215,that is planning under this chapter shall complywith RCW
43.63A.215(3).
[1993 c 478 §8.]
35.63.220
Treatment of residential structures occupied by persons with handicaps.
No city may enact or maintain an ordinance,development regulation,zoning regulation or official control, policy,or
administrative practice which treats a residential structure occupied by persons with handicaps differentlythan a similar
residential structure occupied bya family or other unrelated individuals.As used in this section, "handicaps"are as defined in
the federal fair housing amendments act of 1988 (42 U.S.C.Sec.3602).
[1993 c 478 §20.]
35.63.230
Watershed restoration projects— Permit processing — Fish habitat enhancement project.
A permit required under this chapter fora watershed restoration project as defined in RCW 89.08.460 shall be processed in
compliance with RCW 89.08.450 through 89.08.510.Afish habitat enhancement project meeting the criteria of*RCW
77.55.290(1)shall be reviewed and approved according to the provisions of*RCW 77.55.290.
[2003 c 39§ 15; 1998 c 249§5; 1995 c 378§ 8.]
Notes:
apps.leg.wa.gov/RCW/default.aspx?cite=35.63&full=true# 14/16
2/14/12 Chapter 35.63 RCW: Planning commissions
*Reviser's note: RCW 77.55.290 was recodified as RCW 77.55.181 pursuant to 2005 c 146 § 1001.
Findings– Purpose -- Report-- Effective date -- 1998 c 249: See notes following RCW 77.55.181.
35.63.240
Planning regulations— Copies provided to county assessor.
ByJuly31, 1997,a city planning under RCW 36.70A040 shall provide to the countyassessor a copy of the citys comprehensive
plan and development regulations in effect on July 1st of that year and shall thereafter provide anyamendments to the plan and
regulations that were adopted before July 31stofeach following year.
[1996 c 254 §3.]
35.63.250
General aviation airports.
Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a
general aviation airport are subject to RCW 36.70.547.
[1996 c 239 §3.]
35.63.260
Conditional and special use permit applications by parties licensed or certified by the department of social
and health services or the department of corrections— Mediation prior to appeal required.
(1) Prior to filing an appeal of a final decision bya hearing examiner involving a conditional or special use permit application
requested bya partythatis licensed or certified bythe department of social and health services or the department of
corrections,the aggrieved party must,within five days after the final decision, initiate formal mediation procedures in an attempt
to resolve the parties'differences. If,after initial evaluation of the dispute,the parties agree to proceed with a mediation,the
mediation shall be conducted bya trained mediator selected byagreementofthe parties.The agreement to mediate shall be in
writing and subject to chapter 7.07 RCW. If the parties are unable to agree on a mediator,each partyshall nominate a mediator
and the mediator shall be selected by lot from among the nominees.The mediator must be selected within five days after
formal mediation procedures are initiated.The mediation process must be completed within fourteen days from the time the
mediator is selected except that the mediation process may extend beyond fourteen days byagreementofthe parties.The
mediator shall,within the fourteen-day period or within the extension if an extension is agreed to, provide the parties with a
written summary of the issues and anyagreements reached. If the parties agree,the mediation report shall be made available
to the governing jurisdiction.The cost of the mediation shall be shared bythe parties.
(2)Anytime limits for filing of appeals are tolled during the pendencyof the mediation process.
(3)As used in this section,"party'does not include county,city,or town.
[2005 c 172 § 18; 1998 c 119§ 1.]
Notes:
Short title–Captions not law--Severability–Effective date –-2005 c 172: See RCW 7.07.900 through
7.07.902 and7.07.904 .
35.63.270
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2/14/12 Chapter 35.63 RCW: Planning commissions
Application for a permit to site an energy plant or alternative energy resource —Written notice to United
States department of defense.
(1) Upon receipt of an application for a permit to site an energy plant or alternative energy resource that is connected to
electrical transmission facilities of a nominal voltage of at least one hundred fifteen thousand volts,the city or town shall notify
in writing the United States department of defense.The notification shall include, but not be limited to,the following:
(a)Adescription of the proposed energy plant or alternative energy resource;
(b)The location of the site;
(c)The placement of the energy plant or alternative energy resource on the site;
(d)The date and time bywhich comments must be received bythe city or town;and
(e)Contact information of the city or town permitting authority and the applicant.
(2)The purpose of the written notification is to provide an opportunityfor the United States department of defense to
comment upon the application,and to identify potential issues relating to the placement and operations of the energy plant or
alternative energy resource, before a permit application is approved.The time period set forth by the city or town for receipt of
such comments shall not extend the time period for the citys processing of the application.
(3) For the purpose of this section,"alternative energy resource,""energy plant,"and "electrical transmission facility'shall
each have the meaning set forth in RCW 80.50.020.
[2011 c 261 §3.]
apps.leg.wa.gov/RCW/default.aspx?cite=35.63&full=true# 16/16
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 21, 2012 Department Director Approval:
Check all that apply: [' consent ❑ old business [' new business [' public hearing
❑ information ® admin. report [' pending legislation [' executive session
AGENDA ITEM TITLE: Public Record Act training for City Council and Planning Commission
GOVERNING LEGISLATION: RCW 42.56 and COSV 2.75
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Staff wanted to use the opportunity of a joint Council/Planning Commission
meeting to provide some training on Washington's Public Record Act, and the City's
implementation of it.
OPTIONS: NA
RECOMMENDED ACTION OR MOTION: NA
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Cary Driskell, City Attorney
ATTACHMENTS: PowerPoint presentation
Washington 's Public Record Act
i
Obligations of City staff in responding to public record requests
Cary Driskell - City Attorney
Christine Bainbridge - City Clerk
Overview of topics
Washington's Public Record Act - RCW 42.56
Spokane Valley's implementation of the Act - SVMC 2.75
,....
Strongly worded mandatt.
The people of this state do not yield their sovereignty to the agencies that
serve them. The people, in delegating authority, do not give their
public servants the right to decide what is good for the people to know
and what is not good for them to know. The people insist on remaining
informed so that they may maintain control over the instruments they
have created. RCW 42.56.030
The PRA is the "preservation of the most central tenets of representative
government, namely, the sovereignty of the people and the
accountability to the people of public officials and institutions."
Progressive Animal Welfare Society v. University of Washington, 125
Wn.2d 243, 251 (1994)
" Public ecord " definition
Relevant portion of definition states as follows:
"Public record" includes any writing containing
information relating to the conduct of government or
the performance of any governmental or proprietary
function prepared, owned, used, or retained by any
state or local agency regardless of physical form or
characteristics
" Public Record " definition
Most important parts are:
(i) "relating to the conduct of government or the
performance of any governmental or proprietary
function'; and
(Z) "owned, used, or retained by any state or local
agency,'
"Writing " definitior
"Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means
of recording any form of communication or
representation including, but not limited to, letters,
words, pictures, sounds, or symbols, or combination
thereof, and all papers, maps, magnetic or paper tapes,
photographic films and prints, motion picture, film
and video recordings, magnetic or punched cards,
discs, drums, diskettes, sound recordings, and other
documents including existing data compilations from
which information may be obtained or translated.
"Writing " definition — 2 . 0
E-mails
" Meta - data "
Metadata is automatically-generated information,
embedded in an electronic document, which shows
the document's history, tracking, and/or management.
It is basically an historical journal of a document. It
tells when it was created, when it was modified, by
whom, when it was opened, saved, its size, etc
O'Neill v. City of Shoreline, 170 Wn.2d 138 (2010)
Motivation of requester
Agency cannot ask the identify or motivation
of the requester
Form of the record request
No specific form required by law
Can be oral, but agency should memorialize in
writing for protection and clarity
Request must provide "reasonable description" to
be able to locate record
prompt response required
Must respond within 5 business days:
(i) providing the record; 2010 change allowing agency
to respond by directing to on-line version
(Z) acknowledging that the [agency] has received the
request and providing a reasonable estimate of the
time the [agency] will require to respond to the
request; or
(3) denying the record request
Location ur record
Location not critical factor, nature of record is what is
critical (relates to conduct of government or
performance of governmental or proprietary function)
Personal computer of staff or council?
In possession of third party contractor?
Available from other entity?
,..
Form of records produced
If in hard copy form, provide a hard copy
Review-only okay, adequate inspection time provided
If in electronic form, should provide electronically
Remember issue of meta-data
Charges for copies
Can't charge for search/compiling/redaction time
Default is 15 cents per page, more for maps or CDs
May require io% deposit
Installments can be required
If installment not picked up, no need to continue with
balance of request
Exemptions
Initially only 10 in 1972
Now over 300
�ftnation not protected
examples
- employee names
- employee salary
- employee benefits
- vacation/sick time used
- employee work e-mail address
- employee length of service
- performance evaluations discussing specific
instances of misconduct
New cause of action
New cause of action for inadequate search
Neighborhood Alliance v. Spokane County, recently decided
by the Supremes 9-29-ii
Relied on FOIA precedent
If an agency learns facts that suggest a search of an
additional location or source might reasonably be expected
to uncover responsive records and fails to do so, then the
agency cannot ignore that lead.
) etermining how much penalty
Good faith by agency?
Zink v. City of Mesa, 140 Wn. App. 328 (zoos)
The end result was a penalty of $23o,000 for a city of 440
people. The trial court was sympathetic ("substantially
complied," full compliance to the requests amounted to a
practical impossibility," and that the requests amounted to
unlawful harassment)
11
On appeal, the Court of Appeals disagreed, finding that
strict, not substantial, compliance required.
Attorney fees
The prevailing party is entitled to "reasonable"
attorney fees and costs of suit.
,..
PUBLIC RECORD REQUESTS
SVMC 2.75
Municipal Code "Quick link" access from our website
City Clerk is the Public Records Officer for the City
We are directed to provide the "fullest assistance"
Records requests includes request to "view" documents -
can be done by appointment
A request just for information is not a public record request
Distributing copies of our brochures, handouts, forms,
applications: not a public record request
A verbal request is still a public record request
Public Record Requests
MUST respond w/in 5 business days
Consequences of Failure to Respond
Response must be documented - important to
send Clerk's office all your requests - we log them
into a database
Some records in whole or in part, are exempt from
disclosure : must follow procedure to deny
Cannot charge for time researching/locating
documents
Public Record Requests
SV Policy 300.510
D�1C�L�1�Ir�1�i�THf�T what document the requestor wants -
FORM
If YOU c n r ond.w/i 24 hours, the dep1eceiving the
ro�ipl�ete��t'o�r�n�w t�dehe��u �lic Recotrdsn tt"�er
complete on the �orm w�at was rove ec�
g P
If YOU it p�l�et��or�respond w/in 24 how's,oryou tcomplete i meont requested a sells( �o n
the front ofTt�e �orm.
Tease help us b,y xpla}�n what ocuments ar req sted:
otu�ients1opls ogg4ngin da�tpauPleasene specifio�kladdresses
�elcps
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 21, 2012 Department Director Approval:
Check all that apply: [' consent ❑ old business [' new business [' public hearing
❑ information ® admin. report [' pending legislation [' executive session
AGENDA ITEM TITLE: Open Public Meetings Act / Appearance of Fairness Doctrine training
for City Council and Planning Commission
GOVERNING LEGISLATION: RCW 42.30 and 42.36
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Staff will present information to the Council and Planning Commission
regarding requirements of the Open Public Meetings Act and Appearance of Fairness Doctrine,
and how the City complies with these laws.
OPTIONS: NA
RECOMMENDED ACTION OR MOTION: NA
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT: Kelly Konkright, Deputy City Attorney
ATTACHMENTS: PowerPoint presentation
THE OPEN PUBLIC
MEETING ACT
The Open Public Meetings Act
Washington State law enacted in 1971
Set forth in Revised Code of Washington 42.3o et seq.
Applies to all city and town councils, and many
subordinate city and town boards and committees
Applies to planning commissions. AGO 1971 No. 33.
uroose of OPM /A
Governments "exist to aid in the conduct of the people's
business:' RCW 42.30.010.
"The people of this state do not yield their sovereignty to
the agencies which serve them." Id.
"The people, in delegating authority, do not give their
public servants the right to decide what is good for the
people to know and what is not good for them to know." Id.
"The people insist on remaining informed so that they may
retain control over the instruments they have created." Id.
uroose of OPMA ( cont . )
Maintain public's control over the government
Public should have all the information on which
government action is based unless specifically exempt
Transparency
Public trust
OPMA requirements
OPMA requires that:
All meetings of the governing body be open to the
public
All actions taken by such bodies be done at meetings
that are open to the public
What is a " meeting " ?
There must be a "meeting" in order to trigger the
requirements of the OPMA
"Meeting" means meetings at which action is taken
"Action" means the transaction of the official business of a
public agency by a governing body including but not limited
to receipt of public testimony, deliberations, discussions,
considerations, reviews, evaluations, and final actions
Physical presence not required
Majority (quorum) implicates "meeting" rules
"Serial meetings" may collectively add up to a "meeting"
What is a " meeting " ? ( cont . )
Email communications can constitute a meeting
which violates the OPMA
Solely receiving information is not a violation.
Responding to email could be a violation.
It is not necessary that a governing body take "final
action" for a meeting to be subject to the OPMA
Discussion regarding City matters is "action."
Requires a public meeting if a quorum of members are
present for the discussion.
What is not a " meeting " ?
What is not a meeting:
If City matters are not discussed, then the gathering is not a
ll
meeting" subject to OPMA (even if a quorum is present)
Examples:
Social gatherings if City matters are not discussed;
Gatherings before or after official action (such as the time prior to
council meetings) so long as City business is not discussed;
Meetings of other government agencies, so long as the
Council/Commission members do not discuss City business
amongst themselves
OPMA exceptions and exemptions
No City business = no OPMA
Where no official business of City is transacted, the OPMA
does not apply
Perception is important
Active preparation for litigation
Executive sessions
n+ specific circumstances, most defined by statute
RCW 42.30.14o (quasi-judicial matters and collective
bargaining issues)
Pr�Eedural Requirements for
Meetings
Outlined in detail in the Governance Manual.
Some general requirements:
Notice (depends on the time of meeting)
Open to public unless an executive (closed) session
Votes cannot be by secret ballot
Member of public cannot be forced to give their name or
other information as condition of attendance (can
condition a person's ability to speak at the meeting on
providing information)
Executive sessions
No final decisions allowed in executive sessions
4 common examples:
Interviewing candidates for appointed positions
Considering the job performance of an employee
Considering the acquisition of real property where the
discussion, if public, could raise the price
Discussions with legal counsel about litigation-related
matters
Executive sessions ( cont . )
Less common examples:
• Matter affecting national security
Review negotiations on the performance of publicly bid
contracts when public knowledge would cause a
likelihood of increased costs;
• To receive and evaluate complaints or charges brought
against a public officer or employee
OPMA penalties
Effect of penalty
The penalty for a violation of the act is direct: any action
taken in violation of the OPMA is null and void
"Any person" may bring the action in superior court
Individual liability
$ioo penalty if they attend with knowledge that the
meeting is in violation of the Act
City or City Council liability
Liable for all costs, including reasonable attorney fees
Appearance of Fairness
Doctrine
Appearance of Fairness doctrine
Applies only to quasi-judicial matters and not to
legislative ones.
RCW 42.36.010
Doctrine requires government decision-makers to
conduct hearings and make decisions in a way that is
fair to others in appearance and fact
Test for Fairness: would a fair minded person in
attendance believe that (i) everyone was heard who
should have been heard, and (2) the decision-makers
were impartial and free from outside influences?
,......
What actions are quasi -judicial ?
Those actions of a legislative body or planning
commission that determine the legal rights, duties and
privileges of specific individuals. RCW 42.36.01o.
Indicators that action is quasi-judicial:
Decision applies policy to a specific situation rather than
setting policy.
Decision has a greater impact on a limited number or
people, and has only a limited impact on general public.
Proceeding purpose is to reach a fact-based decision by
choosing between two distinct alternative.
Examples of quasi -judicial actions .
Quasi-judicial:
Subdivision approvals
Preliminary plat approvals
Conditional use permits
Variances
Rezones of specific parcels
Discretionary zoning permits if hearing required.
Not quasi-judicial:
Adoption, amendment, or revision of comprehensive plans
Adoption of area-wide zoning ordinances.
Adoption of area-wide zoning amendments.
Building permit denial.
Aprjea ra nce of Fairness applied
Disqualifies decision-makers from the quasi-judicial
decision-malting process who:
have prejudged the issues;
have a bias in favor of one side in the proceeding;
have a conflict of interest; or
cannot otherwise be impartial
Prohibits "ex pane" communications between a
decision-maker and a proponent or opponent of the
matter being decided during the pendency of a quasi-
judicial proceeding. RCW 42.36.060
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 21,2012 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ❑ new business ❑public hearing
® information ❑ admin.report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Open Discussion
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: Open discussion of topics of interest between City Council and Planning Commission
members
OPTIONS:N/A
RECOMMENDED ACTION:N/A
BUDGET/FINANCIAL IMPACTS:N/A
STAFF CONTACT: John Hohman, CD Director
ATTACHMENTS: