Chapter 2.120
COMPREHENSIVE PLAN/DEVELOPMENT REGULATION REVIEW AND AMENDMENT PROCEDURES
Sections:
2.120.040 Review process and approving authority.
2.120.060 Annual docket application review procedures.
2.120.070 Application requirements.
2.120.080 Plan amendments – Review and public notice procedures.
2.120.090 Periodic review and update procedures.
2.120.010 Purpose.
The purpose of this chapter is to establish procedures, pursuant to Chapter 36.70A RCW, for the review and amendment of the comprehensive plan and implementing development regulations found in specific chapters of CCC Titles 12, 13, 14, 15, 16, 17, 18, and 19. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.010.]
2.120.020 Applicability.
This chapter shall govern comprehensive plan map and text amendments, excepting revisions which under state law may be adopted out of cycle. Development regulation amendments that are associated with comprehensive plan amendments being processed through this chapter shall utilize the same review process. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.020.]
2.120.030 Definitions.
Unless expressly noted otherwise, words and phrases that appear in this chapter shall be given the meaning attributed to them by this section or chapters contained in this title. When not inconsistent with the context, words used in the present tense shall include the future; the singular shall include the plural and the plural the singular; the word “shall” is always mandatory and the words “may” and “should” indicate a use of discretion in making a decision.
“Annual review docket” means the annual list of proposed comprehensive plan amendments and related development regulations that the board of Columbia County commissioners determines, after review and consultation with the planning director and planning commission, to be included for review and consideration for any given year. It excludes items listed on the periodic review docket.
“Application,” for purposes of this chapter, means the application to amend the comprehensive plan or related development regulations.
“Comprehensive plan (plan)” means the comprehensive plan adopted to comply with Chapter 36.70A RCW, including all mandatory and adopted optional elements and subarea plans as they exist or hereafter may be amended by the board of county commissioners.
“Comprehensive plan amendment” means an amendment or change to the text or maps of the comprehensive plan.
“Development regulation” means the controls placed on development or land use activities including, but not limited to, zoning ordinances, critical area ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020.
“Docketing” refers to compiling and maintaining a list of proposed changes to the comprehensive plan or implementing development regulations either annually or for a periodic update cycle in a manner that will ensure such suggested changes will be considered by the county and will be available for review by the public.
“Findings of fact and legislative intent” means the formally adopted document that establishes both the factual basis for the comprehensive plan amendment and amendment to development regulations and serves as the interpretive guide for legislative intent.
“Periodic review or update” refers to the review and, if needed, resulting revisions to the comprehensive plan and development regulations required at multi-year intervals by RCW 36.70A.130 or other state law.
“Periodic review docket” refers to the docket developed by the planning director and approved by the board of county commissioners that includes the proposed periodic review work items that are required at multi-year intervals by RCW 36.70A.130 or other state law.
“Planning director” means the person appointed by board of county commissioners to fulfill the long- and short-range planning duties of the county.
“Site-specific amendment” means an amendment to the comprehensive plan or development regulations that affects one or a small group of parcels, most frequently an amendment to the land use map and/or zoning atlas.
“Work plan” or “work plan items” refers to a list of proposed department tasks, maintained by the planning director and approved by the board of county commissioners, that may be related to commitments made during previous updates, review, research, and/or updates to policies and regulations for which no amendment to the comprehensive plan is required. County-initiated plan amendments not a part of the periodic review will also be a part of the work plan, to be evaluated for inclusion on a future annual docket. Work plan items may span multiple years and may be proposed by the board of county commissioners, planning commission, planning director, or the department head responsible for the administration of a development regulation. Members of the public may also request an item to be placed on the work plan, on the same schedule as plan amendment applications per CCC 2.120.060(A). Work plan items are exempt from the “once a year” plan amendment adoption requirement. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.030.]
2.120.040 Review process and approving authority.
All amendments to the comprehensive plan and development regulations shall be approved by the board of county commissioners and processed according to SEPA threshold determinations associated with those amendments. Actions made in accordance with this chapter may be appealed to the hearing examiner. Appeals or further review of the hearing examiner’s written decision shall be by the Growth Management Hearings Board according to the procedures set forth in Chapter 36.70A RCW. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.040.]
2.120.050 General procedures.
A. Amendments to the plan text or maps may be initiated by the public, the board of county commissioners, the planning commission, the planning director, or the department director responsible for the administration of a development regulation.
B. An amendment must be included on a docket before it can be considered by the board of county commissioners. Items will first be docketed, followed by review, public hearing, and recommendation by the planning commission, and then considered for final approval, denial, or deferral by the board of county commissioners.
C. Plan amendments may be considered by the board of county commissioners no more frequently than once a year and all proposed amendments, as included on the annual docket and periodic docket, shall be considered concurrently so that the cumulative effect of the various amendments can be ascertained, with the exception of the following:
1. The adoption of emergency amendments or interim maps or regulations or moratoria pursuant to RCW 36.70A.390;
2. The adoption of amendments to resolve an appeal of the comprehensive plan or development regulations filed with the Growth Management Hearings Board or with the court;
3. The initial adoption of a subarea plan;
4. The adoption of amendments to the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the county budget;
5. The adoption or amendment of development regulations that implement the comprehensive plan and for which no amendment to the comprehensive plan is required;
6. Amendments to the comprehensive plan that are only procedural in nature or affect only procedural requirements;
7. Amendments to this chapter; and
8. Amendments to the comprehensive plan that are merely to correct errors.
D. All plan amendments adopted by the board of county commissioners shall be consistent with Chapter 36.70A RCW and shall comply with Chapters 36.70A and 43.21C RCW.
E. All development regulations adopted to implement the comprehensive plan and amendments thereto shall be consistent with the adopted comprehensive plan.
F. Unless specifically authorized by the board of county commissioners, no docketed plan amendment application from the public that is denied by the board may be reinitiated for three years after its consideration by the board.
1. The board of county commissioners may approve an earlier reapplication if the applicant demonstrates a substantial change in circumstances. In no case may such a petition be considered in consecutive years.
2. This limitation does not apply to amendments previously proposed by the board of county commissioners, planning commission, planning director, or the department director responsible for the administration of a development regulation. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.050.]
2.120.060 Annual docket application review procedures.
A. The annual docket application review will occur pursuant to the schedule below:
|
DUE BY |
PROCESS |
|---|---|
|
July 1 |
Notice shall be published no less than 28 days prior to the docket application due date informing the public of the current calendar year docket close date |
|
August 1 |
Applications due |
|
September 1 |
List of all amendments (public, board of county commissioners, planning commission, or staff requests) presented to the planning commission |
|
October 1 |
Planning commission reviews the proposed docket items, holds public hearing on docket items, and makes recommendation to the board of county commissioners |
|
November 30 |
Board of county commissioners determines the docketing request outcomes (include, exclude, or defer) |
|
November 30 |
Board of county commissioners approval of docket by resolution no later than the end of November |
B. For inclusion on any given annual docket, applications initiated by the public must be submitted before August 1st of the prior year. Applications received on or after August 1st of each calendar year shall be reviewed during the next annual docket cycle. A legal ad noting the close date of the current calendar year docket cycle should be published in the paper of record no less than 28 days before the close date.
C. The planning director shall forward to the planning commission a complete listing of all new applications for amendments requested by the public, the board of county commissioners, planning commission, or the planning director, no later than September 1st of each year. The list shall also include any applications deferred from a previous docket.
D. The planning director shall review the proposed annual docket items with the planning commission by October 1st of each year. The planning commission shall review and, after holding a duly advertised public hearing, make a recommendation to the board of county commissioners of any proposed amendments that should be included on or excluded from the annual review docket, or be deferred to the next annual cycle or periodic review docket cycle.
1. Include. The board of county commissioners’ decision to include an application in the annual docket is procedural only and does not constitute a decision by the board as to whether the proposed amendment will ultimately be approved.
2. Exclude. The board of county commissioners’ decision to exclude an application from the docket terminates the application without prejudice to the applicant or the proposal.
3. Defer. The board of county commissioners’ decision to defer an application means the application may be considered, as specified by the board, either for the next annual docket cycle or the next periodic review docket cycle.
E. In making its docket recommendation, the planning commission should consider the following:
1. The application is deemed complete;
2. The application, in light of all proposed amendments being considered for inclusion in the year’s annual docket, can be reasonably reviewed within the staffing resources and operational budget allocated to the department by the board of county commissioners;
3. The proposed amendment would not require additional amendments to the comprehensive plan or development regulations not otherwise addressed in the application, and is consistent with other goals, objectives, and policies of the comprehensive plan;
4. The proposed plan amendment raises policy, land use, or scheduling issues, or the proposal is comprehensive enough in nature that it would more appropriately be addressed as part of a periodic review cycle;
5. The application proposes a regulatory or process change for which no amendment to the comprehensive plan is required and should be reviewed for potential consideration as a part of the work plan;
6. The application lacks sufficient information or adequate detail to review and assess whether or not the proposal meets the applicable approval criteria. A determination that the proposal contains sufficient information and adequate detail for the purpose of docketing does not preclude the department from requesting additional information at a later time.
F. The selected proposed amendments collectively shall be known as the annual review docket for the next calendar year, and shall be adopted by board of county commissioners resolution, preferably by October 31st but no later than November 30th of each calendar year. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.060.]
2.120.070 Application requirements.
A. All applications for amendment of the comprehensive plan or development regulations submitted by the public shall, in a format established by the county, contain the following:
1. Application form signed by the owner(s) of record, address, telephone numbers and agent information;
2. A description of the proposed amendment including proposed map or text changes;
3. The location of the proposed amendment shown on an assessor’s map dated and signed by the applicant, if the proposal is for a land use map or zoning atlas amendment;
4. A legal description and a notarized signature of one or more owners, if a change in the zoning atlas is requested by owner(s) concurrent with a requested land use map amendment;
5. An explanation of why the amendment is being proposed and, if applicable, how or why the map or text is in error;
6. An explanation of anticipated impacts to be caused by the change;
7. An explanation of how the proposed amendment is consistent with GMA, the countywide planning policies, the comprehensive plan and adopted findings of fact and legislative intent;
8. An explanation of how the change affects development regulations or how the amendment brings the development regulations into compliance with the plan;
9. If applicable, an explanation of why existing comprehensive plan language should be added, modified, or deleted;
10. A SEPA checklist, if required; and
11. Fees as set by the board of county commissioners.
B. The county may prescribe additional application requirements.
C. Persons wishing to initiate an amendment are encouraged, but not required, to use the pre-application process. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.070.]
2.120.080 Plan amendments – Review and public notice procedures.
A. Review of annual docket items shall occur pursuant to the schedule below:
|
DUE BY |
PROCESS |
|---|---|
|
November 30 of prior year |
Docket approval, per CCC 2.120.060 and posted to website |
|
Throughout the year |
Planning commission to hold work session public hearing(s) on proposed amendment(s) |
|
No later than November 30 |
Board of county commissioners to review and make a decision to approve, deny, or defer action on each item on the docket (may include identification of items that will be continued into next docket cycle) |
B. Public Notification. Information regarding any proposal pursuant to this chapter shall be broadly disseminated to the public at minimum as provided in subsection (B)(1) of this section, as well as by any of the other following methods as determined to be appropriate by the planning director:
1. Publishing a paid public notice at least 10 days prior to a public hearing in the official newspaper of record;
2. Distributing a press release;
3. Posting notice on the department’s website;
4. Posting notice at the county courthouse, the local library, and/or other “hot spots” of public involvement.
C. Public Notification – Site-Specific Comprehensive Plan Map and Zoning Atlas Amendments. Where public notice is otherwise required by this chapter, such notice shall be mailed directly to the owners of the affected properties, and to all property owners within 300 feet of the subject property.
D. Public Participation. In addition to public notice as otherwise required by this chapter, the public shall have the opportunity to participate in county legislative matters via public hearing before the planning commission, via public hearing before board of county commissioners if the board opts to hold its own public hearing, by written comment, and by other forums as appropriate (per RCW 36.70A.140).
E. The planning commission shall evaluate the proposed amendments as follows:
1. Does the proposed amendment or revision maintain consistency with other plan elements or development regulations? If not, are amendments or revisions to other plan elements or regulations necessary to maintain consistency also under annual review by the planning commission and board of county commissioners?
2. Do all applicable elements of the comprehensive plan support the proposed amendment or revisions?
3. Does the proposed amendment or revision more closely meet the goals, objectives and policies of the comprehensive plan?
4. Is the proposed amendment or revision consistent with the countywide planning policies?
5. Does the proposed amendment or revision comply with the requirements of the GMA? and
6. Are the assumptions underlying the applicable portions of the comprehensive plan or development regulations no longer valid because new information is available which was not considered at the time the plan or regulation was adopted?
F. The planning commission shall hold one public hearing on the proposed amendments and shall forward the board of county commissioners its recommendations and findings of fact and legislative intent.
G. Upon receipt of a recommendation on all or any part of a plan, plan amendment or development regulation from the planning commission, the board of county commissioners shall schedule review of the proposal to consider and take action on the proposed amendments. The board of county commissioner’s decision to either approve, deny, or defer action on each item in the annual review docket concludes that year’s annual docket cycle, which should occur no later than November 30th of each calendar year.
H. With each adopted amendment the board of county commissioners shall also adopt findings of fact and legislative intent to support the change in the comprehensive plan and/or development regulations. The board of county commissioners may choose to incorporate by reference the findings of fact and legislative intent prepared by either the department or the planning commission if the board so agrees and desires. The board may also decide to adopt its own findings of fact and legislative intent.
I. Findings shall identify, as applicable, the following:
1. The local circumstances, if any, that have been relied on in reaching a decision on the proposed amendment; and
2. How the planning goals of Chapter 36.70A RCW have been balanced in the decision on the proposed amendment.
J. The planning director shall notify the state of Washington pursuant to RCW 36.70A.106 prior to the adoption of comprehensive plan amendments, development regulations or annual review amendments.
K. Within 10 days of adoption, the planning director shall transmit the adopted plan amendment(s) to the state. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.080.]
2.120.090 Periodic review and update procedures.
A. The periodic review cycle is established in accordance with RCW 36.70A.130. The periodic review docket shall include:
1. A comprehensive review to provide for a cumulative analysis of the 20-year plan and its implementing regulations based upon official population growth forecasts and other relevant data in order to consider substantive changes to planning policies language, and changes to the urban growth areas;
2. Items deferred by the board of county commissioners in a prior year to be placed on the periodic review docket;
3. County priority review and update items that can be reasonably reviewed within the staffing resources and operational budget allocated to the department by the board of county commissioners; and
4. Items identified for review and updates due to legislative changes, as identified on the department of commerce periodic review checklist.
B. The periodic review docket shall be separate from the annual review docket; the dockets may, however, be considered concurrently as per CCC 2.120.050. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.090.]
2.120.100 Appeals.
Appeals of decisions to amend the comprehensive plan or development regulations shall comply with the procedures set forth in Chapter 36.70A RCW. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.100.]
2.120.110 Severability.
If any provision or provisions of this chapter or its/their application to any person or circumstance is held invalid, the remainder of this chapter and the application of such provision or provisions to other persons or circumstances shall not be affected. [Ord. 2020-02 § 2 (Exh. B); Ord. 2019-06 § 2 (Exh. E). Formerly 18.155.110.]