40.510.040 Type IV Process – Legislative Decisions
A. Decision.
1. The provisions of this section apply to all Type IV legislative decisions, which include and are limited to adoption or amendment, pursuant to the Growth Management Act (GMA), Chapter 36.70A RCW, and Chapter 40.560, of the following:
a. Comprehensive plan map and text, and zoning change consistent with the map change;
b. Development regulations;
c. Arterial atlas; and
d. Shoreline Master Program (SMP) pursuant to the Shoreline Management Act, Chapter 90.58 RCW, and Chapter 40.460.
2. This section is intended to supplement, and not to limit, county authority and procedures for adopting legislation.
3. When revisions to the comprehensive plan are made through the periodic update pursuant to RCW 36.70A.130(5), the procedures in this chapter are to be used as a guide, with the exception that public noticing per Section 40.510.040(E)(1)(b)(4) is not required.
(Amended: Ord. 2020-03-01; Ord. 2024-03-01)
B. Process.
1. Adoption or amendment of the comprehensive plan and development regulations is a legislative decision, rather than a project-specific decision. The legislative process includes a public hearing before the Clark County Council and may include a public hearing before the Planning Commission. It is designed to solicit a broad range of public input at all levels pursuant to RCW 36.70A.035.
2. A Type IV decision shall be final and conclusive unless an appeal is timely filed to the Growth Management Hearings Board in accordance with RCW 36.70A.280 and 36.70A.290, except as otherwise provided by law.
3. Council legislative action on other matters is governed by the Clark County Home Rule Charter and other applicable law, and is not subject to this section.
(Amended: Ord. 2020-03-01; Ord. 2024-03-01)
C. Procedure.
1. A Type IV procedure may include one (1) or more public hearings before the Planning Commission and includes one (1) or more public hearings before Council.
2. Planning Commission review is not required for interim actions, moratoria, and emergency legislation authorized by RCW 35.63.200, 36.70A.130(2)(b), or 36.70A.390 as described in Section 40.510.040(H).
(Amended: Ord. 2020-03-01; Ord. 2024-03-01)
D. Staff Report to the Planning Commission.
1. At least fifteen (15) calendar days before the date of the first Planning Commission hearing, the responsible official shall:
a. Issue a written staff report and State Environmental Policy Act (SEPA) official determination regarding the application(s) pursuant to Chapter 40.570;
b. Post the staff report and SEPA official determination to the Clark County website; and
c. Provide a copy of the staff report at reasonable charge to any member of the public who requests it.
(Amended: Ord. 2020-03-01; Ord. 2024-03-01)
E. Public Notice.
1. For a site-specific application or a county initiated site-specific request under Chapter 40.560, at least fifteen (15) calendar days before the date of the first Planning Commission hearing, the responsible official shall:
a. Prepare a notice of application that includes the following information:
(1) The case file number(s);
(2) A description and map(s) of the area that will be affected by the application, if approved, which is reasonably sufficient to inform the reader of its location;
(3) A summary of the proposed application(s);
(4) The date, time, and place where information about the application may be examined and the name and contact information for the county representative to contact about the application;
(5) A statement that the notice is intended to inform potentially interested parties about the hearing and to invite interested parties to appear orally or by written statement at the hearing;
(6) The date, time, and place of the Planning Commission hearing, and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the Planning Commission;
(7) A statement that a staff report and, whenever possible, a SEPA review document, will be available for inspection at no cost at least fifteen (15) calendar days before the hearing and will be provided at reasonable cost; and
(8) A general explanation of the process for submitting testimony and the conduct of the hearing.
b. Send written notice prepared under Section 40.510.040(E)(1)(a) to:
(1) The applicant and the applicant’s representative;
(2) Any person who has submitted a written request for notice of such matters;
(3) The neighborhood association in whose area the subject property is situated, based on the list of county recognized neighborhood associations kept by the responsible official; and
(4) Owners of record of property and residents within five hundred (500) feet of the subject property if the subject property is inside the urban growth boundary, or to owners of property and residents within one thousand (1,000) feet of the subject property if the subject property is outside the urban growth boundary; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties.
(a) The records of the County Assessor shall be used for determining property owners of record. The failure of a property owner to receive notice shall not affect the validity of the decision if the notice was sent. A Clark County ship request form and a copy of the mailing labels executed by the person who did the mailing shall be evidence that notice was mailed to parties listed or referenced in the certificate; and
(b) If the applicant owns property adjoining the property that is the subject of the application, then notice shall be mailed to owners of property within five hundred (500) or one thousand (1,000) feet, as provided in this subdivision, of the boundary of the property owned by the applicant adjoining or contiguous to the subject property; provided, however, that the notification radius shall be increased until it includes at least twenty (20) neighboring properties; and
(5) Agencies with jurisdiction.
c. Publish in a newspaper of general circulation the date, time, and place of the hearing, manner of making comments, staff contact information, and a summary of the subject of the Type IV process.
d. Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process.
2. For comprehensive plan amendments or development regulations implementing the comprehensive plan under Chapter 40.560, at least fifteen (15) calendar days before the date of the first Planning Commission hearing, the responsible official shall:
a. Publish in a newspaper of general circulation the date, time, and place of the hearing, manner of making comments, staff contact information, and a summary of the subject of the Type IV process pursuant to Section 40.510.040(E)(1)(a).
b. Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process pursuant to RCW 36.70A.035 and 36.70A.140.
(Amended: Ord. 2020-03-01; Ord. 2024-03-01)
F. Planning Commission Hearings.
1. Planning Commission hearings shall be conducted in accordance with the rules of procedure adopted by the Planning Commission; provided, that the Planning Commission Chair shall preside over the meeting and may modify the procedural rules as necessary and reasonable. A public hearing shall be recorded electronically.
2. At the conclusion of a Planning Commission hearing, the Planning Commission shall announce one (1) of the following actions:
a. That the Planning Commission recommends against or in favor of approval of the proposal, with or without amendment, or that the Planning Commission will recommend neither against nor for approval of the application(s), together with a brief summary of the basis for the recommendation and posted to the website within three (3) business days following the hearing.
b. The Planning Commission recommendation shall be by the affirmative vote of the majority of the quorum present.
c. A hearing may be continued if it extends past 10:00 p.m. on any evening. If the hearing is continued to a place, date, and time certain, then additional notice of the continued hearing need not be mailed, published or posted. If the hearing is not continued to a place, date, and time certain, the county shall provide notice of the continued hearing as though it was the initial hearing before the Planning Commission.
(Amended: Ord. 2020-03-01; Ord. 2024-03-01)
G. Council Hearings.
1. Council hearings shall be conducted in accordance with the rules of procedure adopted by the Council; provided, that the Council Chair shall preside over the meeting and may modify the procedural rules as necessary and reasonable. A public hearing shall be recorded electronically.
2. At least sixty (60) days before the council hearing, the responsible official shall issue a notification to the Department of Commerce pursuant to WAC 365-196-630 of its intent to propose adoption or amendment of a comprehensive plan or development regulation.
3. At least fifteen (15) calendar days before the date of the first Council hearing, the responsible official shall:
a. Provide a written copy of the Planning Commission’s recommendation to the Council;
b. Prepare a notice that includes the information listed in Section 40.510.040(E) of this section except the notice shall be modified as needed:
(1) To reflect any changes made in the application(s) during the Planning Commission review;
(2) To reflect that Council will conduct the hearing, and date, time, and place of the Council hearing; and
(3) To state that the Planning Commission recommendation and SEPA determination are available for inspection at no cost and copies will be provided at reasonable cost;
c. Provide a written copy of that notice to the parties identified in Section 40.510.040(E);
d. Publish in a newspaper of general circulation the date, time, and place of the hearing, manner of making comments, staff contact information, and a summary of the subject of the Type IV process pursuant to Section 40.510.040(E)(1)(a); and
e. Provide other notice deemed appropriate and necessary by the responsible official based on the subject of the Type IV process.
4. At the conclusion of its initial hearing, Council may continue the hearing or may adopt, modify or give no further consideration to the application or recommendations. If the hearing is continued to a place, date, and time certain, then additional notice of the continued hearing is not required to be provided. If the hearing is not continued to a place, date and time certain, then notice of the continued hearing shall be given as though it was the initial hearing before the Council.
(Amended: Ord. 2020-03-01; Ord. 2024-03-01)
H. Interim Actions, Moratoria, and Emergencies.
1. The Council may adopt a Type IV action as an interim action, a moratorium, or an emergency under RCW 35.63.200 or 36.70A.390.
2. Except as provided in Section 40.510.040(E)(2), the Council may adopt a Type IV action by emergency action only after holding at least one (1) public hearing following public notice as described in Section 40.510.040(E)(2).
3. Pursuant to RCW 35.63.200 and 36.70A.390, the Council may adopt a Type IV action that is a moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a public hearing, if within at least sixty (60) days of its adoption the Council holds a public hearing following public notice as described in Section 40.510.040(E)(2) and adopts findings in support of the action.
(Amended: Ord. 2019-05-07; Ord. 2024-03-01)