Chapter 20.96
COMPREHENSIVE PLAN AMENDMENTS
Sections:
20.96.060 Applicable procedure.
20.96.070 Expansion of the geographic scope of the proposal.
20.96.080 Overall method of review.
20.96.100 Plan map changes—Procedure.
20.96.110 Submittal requirements.
20.96.130 Comprehensive plan review.
20.96.160 Planning commission recommendation.
20.96.170 City council action.
20.96.180 Appeal of city council action to superior court.
20.96.010 Scope.
This section establishes the procedure and criteria that the city will use in amending or reviewing the comprehensive plan. Additionally, it establishes the responsibility of the city in relation to the comprehensive plan, and to review the comprehensive plan on a regular basis. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.020 Applicability.
This section applies to each application affecting the comprehensive plan. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.030 Purpose.
The comprehensive plan is a document which guides the nature and intensity of the development in the city. An amendment to the plan is a mechanism by which the city may modify its land use, development or growth policies in order to respond to changing circumstances or needs of the city. Therefore, the purpose of this chapter is to provide guidance as to how the comprehensive plan of the city of Centralia will be updated and amended over time. Amendments to the plan may involve changes in the written text or in the map designation adopted as part of the plan, or to supporting documents, including capital facilities plans. This chapter states the specific procedures and review criteria necessary to process comprehensive plan amendments. Plan amendments will be reviewed in accordance with the state Growth Management Act (GMA), the county-wide planning policies, applicable capital facility plans, other pertinent city plans, official population growth forecasts and key growth indicators. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.040 Who may initiate.
A. The city council or the planning commission may initiate consideration of an amendment to the comprehensive plan. An affirmative vote of not less than a majority of the total members of the council or commission is required to initiate consideration of an amendment.
B. A resident or a property owner may apply for an amendment to the comprehensive plan in conformance with CMC 20.96.030. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.050 Time to initiate.
A. Subject to subsections (C) and (D) of this section, the city council or the planning commission may initiate consideration of an amendment to the comprehensive plan at any time. A new element may be added to the comprehensive plan at any time.
B. Subject to subsections (C) and (D) of this section, a resident or property owner may apply for an amendment to the comprehensive plan by the end of any calendar year for processing the following year. At any other time during the year, a resident or property owner may request that the planning commission or city council initiate consideration of an amendment to the comprehensive plan.
C. An amendment to the comprehensive plan may not be initiated by the planning commission or by a private party unless at least two years have elapsed since the adoption or review and reaffirmation of the element or subarea plan affected by the proposed amendment. In addition, at least three years must elapse between amendments to the land use designation of a property. These time limits do not apply if the applicant proves that there exists obvious technical error justifying the need for the amendment.
D. The planning commission may defer review of a proposed amendment if review of the affected subarea is scheduled or reasonably likely to occur within the calendar year the proposed amendment was requested. (Ord. 2506 § 1, 2022; Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.060 Applicable procedure.
A. General. Subject to subsection (B) of this section, the city will process an amendment to the comprehensive plan using the planning commission as an advisory body and the appropriate city staff to perform analysis of the application.
B. Notice of Receipt of Private Application. In addition to notice required under Chapter 20.02 CMC, the city shall provide the following public notice:
1. Content. The city shall prepare notice of the receipt of a private application for a comprehensive plan amendment containing the following:
a. The name of the applicant and, if applicable, the project name; and
b. If the application involves specific property, the street address or tax account number used by the Lewis County assessor’s office, and a description in nonlegal terms sufficient to identify its location; and
c. If the application involves specific property, a vicinity map indicating the location of the subject property; and
d. The citation of CMC 20.96.150, 20.96.160 and 20.96.170 outlining the decision process; and
e. A brief description of the action, permit or approval requested in the application; and
f. A description of the upcoming geographic scope and public hearing process.
2. Time of Notice. The city shall provide notice of the receipt of a private application for a comprehensive plan amendment within thirty calendar days of receipt of that application.
3. Means of Notice. The city shall provide notice of the receipt of a private application for a comprehensive plan amendment by:
a. Publishing notice of receipt in a local newspaper; and
b. Posting notice of the receipt of the application at each official posting place; and
c. If the application involves specific property rather than an area-wide change, then the city must mail notice of the receipt of the application to each property owner within two hundred feet or who has requested such notice in writing for the calendar year and who has paid the fee established by the applicable city department.
C. Determination of Geographic Scope of Proposal. Prior to providing public notice, the city shall establish the geographic scope of the proposed amendment. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.070 Expansion of the geographic scope of the proposal.
A. In order to allow for consideration of nearby property, similarly situated property or area-wide impacts, the city council or the planning commission may expand the geographic scope of a private initiated amendment.
B. The city shall consider the following in deciding whether to expand the scope of the proposed amendment:
1. The effect of the proposed amendment on the adjoining areas of the city; and
2. The effect of the proposed amendment on the land use and circulation pattern of the city or subarea; and
3. The effect of the proposed amendment on the future development of the city or subarea.
C. Notice. Within thirty calendar days of establishing the geographic scope of the proposal, the city shall provide notice of the proposed comprehensive plan amendment describing its geographic scope by:
1. Giving notice as described in CMC 20.96.060; and
2. Mailing notice of the proposed comprehensive plan amendment to each owner of real property within two hundred feet of any boundary of the subject property and of any contiguous property in the applicant’s ownership. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.080 Overall method of review.
Proposed plan amendments that are submitted for review shall be subject to the applicable criteria of this chapter. The review shall be processed as outlined in CMC 20.96.150, 20.96.160 and 20.96.170. Applications for plan map amendments are generally processed in conjunction with concurrent rezone requests. Zoning map amendments must be to a zone corresponding to the requested comprehensive plan map designations. Concurrent zoning map amendments must meet all the approval criteria of this chapter and zone changes consistent with the comprehensive plan map shall be considered subject to the approval criteria of Chapter 20.98 CMC. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.090 Application.
The criteria and requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text, policies, map designations, zoning map or supporting documents. For the purposes of establishing review procedures, criteria and timelines, amendments shall be distinguished as follows:
A. Comprehensive plan map changes involving urban growth area (UGA) boundary changes;
B. Comprehensive plan map changes not involving changes to UGA boundaries;
C. Comprehensive plan policy or text changes;
D. Changes to other plan documents (such as capital facilities);
E. Out-of-cycle amendments limited to the following:
1. Emergency;
2. Initial adoption of a subarea plan;
3. Adoption or amendment to a shoreline master program;
4. To resolve an appeal of the comprehensive plan filed with the growth management hearings board or from a court of competent jurisdiction. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.100 Plan map changes—Procedure.
A. Application for all plan amendments shall be considered legislative actions, subject to the application review procedures outlined in CMC 20.96.150, 20.96.160 and 20.96.170.
B. Site-specific plan map amendments requested by private parties shall be considered legislative actions, subject to the application review procedures outlined in CMC 20.96.150, 20.96.160 and 20.96.170. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.110 Submittal requirements.
A. The city shall specify the submittal requirements, including type, detail and number of copies, for a comprehensive plan amendment application to be deemed complete and accepted for filing.
B. The city may waive specific submittal requirements determined to be unnecessary for review of application. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.120 Decision criteria.
The planning commission may recommend and the city council may approve with modifications an amendment to the plan if:
A. There exists an obvious technical error in the pertinent comprehensive plan provision; or
B. The applicant has carried the burden of proof and produced evidence sufficient to support the conclusion that the application merits approval or approval with modifications; and
C. The amendment bears a substantial relation to public health, safety and welfare; and
D. The amendment addresses changing circumstances or the needs of the city as a whole; and
E. The amendment is compatible with the provisions of the comprehensive plan or other goals and policies of the city; and
F. If applicable to an identified property, the amendment is compatible with adjacent land use and surrounding neighborhoods; and
G. The amendment will not result in development which will adversely impact community facilities, including, but not limited to, utilities, transportation, parks or schools. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.130 Comprehensive plan review.
A. General Goals and Policies. The planning commission shall review and consider plan amendments to the goals and policies regularly at five- year intervals. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.140 Cumulative impact.
In reviewing all prospective comprehensive plan changes, the city of Centralia shall analyze and assess the following to the extent possible:
A. The cumulative impacts of all plan map changes on the overall adopted plan, plan map and relevant implementing measures, and adopted environmental policies;
B. The cumulative land use environmental impacts of all applications on the applicable local geographic area and adopted capital facilities plan;
C. Where any adverse impacts are identified, the city may require mitigation. Conditions which assure that identified impacts are adequately mitigated may be proposed by the applicant, and if determined to be adequate, imposed by the city as part of the approval action. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.150 Public hearing.
A. Any person may participate in the public hearing on the rezone application by:
1. Submitting written comments on the application to the city prior to the public hearing; or
2. Submitting written comments or making oral comments to the planning commission at the public hearing.
B. The city shall transmit all written comments received prior to the public hearing to the planning commission no later than the date of that hearing.
C. The planning commission shall make an electronic sound recording of the hearing on the application and provide written minutes of that hearing. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.160 Planning commission recommendation.
A. After the public hearing and any necessary public study sessions on the application, the planning commission shall either recommend approval, approval with modifications or denial of the application. The planning commission’s recommendation shall be based on the criteria included in CMC 20.96.120.
B. The planning commission may recommend approval or approval with modifications only if the application or the application as modified complies with the applicable criteria of this chapter. In all other cases, the planning commission shall recommend denial of the application.
C. A vote to recommend approval or approval with modifications must be by a majority vote of the planning commission members present and voting. Any other vote constitutes a recommendation of denial of the application.
D. The planning commission’s recommendation shall be transmitted to the city council for their action. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.170 City council action.
A. Within sixty days of receipt of the recommendation from the planning commission, the city council shall consider the application at a public meeting. The following elements are to be considered in deciding upon the application:
1. The application; and
2. The minutes of any public hearing on the application and any written material submitted in accordance with CMC 20.96.150; and
3. The city staff recommendation on the application; and
4. The recommendation of the planning commission; and
5. The recommendation of any other affected board or commission; and
6. Any comments on the application received at the public meeting or received by the city council; and
7. Any other relevant information.
B. The city council shall take one of the following actions:
1. Adopt an ordinance or resolution approving the proposal; or
2. Adopt an ordinance or resolution approving the proposal with modifications; or
3. Adopt a motion denying the proposal; or
4. Refer the proposal back to the planning commission for further proceedings, in which the council shall specify the time within which the planning commission shall report back to the city council with a recommendation on the proposal.
C. The city council shall adopt an ordinance or resolution which approves or approves with modifications the proposal by a majority of the membership of the council. Any other vote on the proposal constitutes a denial of the application.
D. The decision of the city council is the final decision of the city subject to the decision being appealed to superior court.
E. The applicant may commence activity or obtain other required approvals or permits seven calendar days following the effective date of the ordinance or resolution. Activity commenced prior to the expiration date of the full appeal period provided in this chapter is at the sole risk of the applicant. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.180 Appeal of city council action to superior court.
Any person adversely affected by the decision may appeal the decision of the city council. A person filing an appeal must make application to the superior court for a writ of certiorari, writ of prohibition or writ of mandamus. The decision of the city council must be appealed to superior court no more than twenty calendar days following the effective date of the city council decision on the application or is thereafter barred. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).
20.96.190 Fees.
Application fees for all plan amendments and zone changes shall be considered as follows:
A. Fees for plan amendments and zone changes shall be noted in the city’s fees and other charges resolution.
B. If multiple similar applications are received in the same review period, the fees set in the city’s fees and other charges resolution may be adjusted downward to reflect actual cost. (Ord. 2209 § 2 (part), 2008: Ord. 2024 § 1 (part), 1999).