Chapter 17.12
AMENDMENTS TO COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS
Sections:
17.12.030 Review for quasi-judicial actions.
17.12.040 Filing requirements and docketing.
17.12.050 Department review, determination of completeness and staff report.
17.12.060 Notice of application.
17.12.070 Public hearing notice.
17.12.080 Review and recommendation by the commission.
17.12.090 Review by state agencies.
17.12.100 Review and decision by the board.
17.12.120 Time frames for decisions.
17.12.130 Notice of decisions.
17.12.150 Administration and interpretation.
17.12.170 Errors not grounds for invalidation.
17.12.010 Purpose.
The purpose of this chapter is to establish procedures for amending the comprehensive plan and the development regulations found in LCC Titles 16 and 17 and sets forth the responsibilities of the department of community development (“department”), the planning commission (“commission”), and final approval by the board of county commissioners (“board”). [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021]
17.12.020 Applicability.
(1) This chapter applies to the following Type V governmental actions, which require a public hearing before the commission and a decision by the board:
(a) An amendment to a comprehensive plan goal or policy;
(b) An amendment to the comprehensive plan maps;
(c) An amendment to the shoreline master program;
(d) An amendment to the countywide planning policies; or
(e) An amendment to development regulations, including the zoning map.
(2) Each amendment type above is a legislative matter, except for a site-specific amendment to a comprehensive plan map or zoning map, which is a quasi-judicial matter.
(3) The board must adopt all amendments to the comprehensive plan simultaneously each year and may not adopt amendments more frequently than once per year, except for amendments that qualify for one of the following exceptions:
(a) The initial adoption of a subarea plan;
(b) Adoption or amendment of the shoreline master program under procedures set forth in Chapter 90.58 RCW;
(c) The amendment of the capital facilities element concurrent with adoption or amendment of the county budget;
(d) Amendments to development regulations consistent with the comprehensive plan and countywide planning policies;
(e) Amendments needed to resolve an appeal of the comprehensive plan filed with the Growth Management Hearings Board or the court; or
(f) Amendments necessary in cases where the board finds an emergency exists. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021]
17.12.030 Review for quasi-judicial actions.
An application for a site-specific comprehensive plan map and zoning map amendment is a quasi-judicial action as defined in RCW 42.36.010 and is subject to the appearance of fairness doctrine, Chapter 42.36 RCW. For all quasi-judicial amendments, the commission and board shall process the application in accordance with Chapter 42.36 RCW in addition to all other requirements of this chapter. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.060]
17.12.040 Filing requirements and docketing.
(1) Any person or entity may file an amendment to the items listed in LCC 17.12.020(1), except an amendment to an urban growth area boundary may be filed by only the following:
(a) The department;
(b) The commission or board; or
(c) A city or town council.
(2) The department encourages applicants for an amendment to request a preapplication meeting as provided under LCC 17.05.050 before formally filing an application. Except for quasi-judicial matters, the department or applicant may discuss proposals with the commission or board before an application is submitted. In quasi-judicial matters, no such discussion is permitted; all contact with the commission or board on quasi-judicial proposals must be on the record in writing or at a public meeting.
(3) Quasi-judicial amendments must be filed with the department on forms provided by the department on or before the last business day of December for inclusion on the following year’s docket, except an amendment to an urban growth area must be provided to the department on or before the last business day of March for inclusion on the current year’s docket.
(4) At a minimum for quasi-judicial amendment, the applicant must provide the following information:
(a) A completed application form signed by the owner(s) of the property, or properties, which is the subject of the application, except an amendment to an urban growth area. An application to amend an urban growth area shall be signed by the department, commission, board or city council.
(b) Parcel(s) identification number.
(c) A State Environmental Policy Act environmental checklist.
(d) Findings of fact against applicable Growth Management Act rules and relevant sections of the Lewis County Code and countywide planning policies.
(e) Any additional information, identified by the review authority, needed to provide the department with sufficient information about the proposal.
(5) An amendment, except those filed by the department, commission or board, must include all fees required by the adopted fee schedule. The Lewis County schedule of fees is established by local resolution on file with the board and codified under LCC Title 18.
(6) Where a development regulation amendment requires a comprehensive plan amendment, the department shall process both amendments simultaneously. State Environmental Policy Act review, when required, shall be combined and integrated with the underlying governmental action process.
(7) Docketing refers to the process of establishing and maintaining a list of proposals to amend comprehensive plans or development regulations administered by the department pursuant to the Washington State Growth Management Act (RCW 36.70A.470). Dockets are useful for providing information about amendment proposals that may be considered
by the commission and board in advance of public hearings. The docket is established as follows:
(a) The department shall maintain a proposed docket for amendments to items listed in LCC 17.12.020(1).
(i) The department, commission or board may place an amendment on the proposed docket at any time.
(ii) The department shall place applicant-initiated or city-initiated amendments on the proposed docket, pending determination of completeness.
(b) The department will present the proposed docket to the commission at least once per year, on or about the first business day of January, and the commission may vote to adopt the docket.
(c) The commission may vote to add or remove items from the docket at any time. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.030]
17.12.050 Department review, determination of completeness and staff report.
(1) Quasi-judicial amendments, except an amendment to an urban growth area, must be received on or before the last business day of December to be added to the subsequent year’s docket. A city-proposed amendment to an urban growth area must be received on or before the last business day of March to be added to the current year’s docket.
(2) The department shall review applications for quasi-judicial amendments, except an amendment to an urban growth area, to determine if the application is complete as provided below:
(a) Within 28 calendar days after receiving an application, the department shall mail, electronically mail, or provide in person a written determination to the applicant, stating that either:
(i) The application is complete.
(ii) The application is incomplete and what is necessary to make the application complete.
(b) Incomplete or Incorrect Applications. When an application is determined to be incomplete or incorrect, the review authority shall identify, in writing, the specific requirements or information necessary to constitute a complete application.
(i) When additional information is required, the applicant shall have 90 calendar days from the date of the written notification of incompleteness to submit the required information to the department. Prior to the 90-day deadline, the applicant may request, in writing, an extension in order to provide the required information. The review authority may grant up to two three-month extensions if it is determined that the required studies or information warrants additional time. Financial hardship shall not be considered for extensions of deadlines.
(ii) If the applicant does not submit the required information within the 90-day period or does not request an extension, the project permit application shall automatically lapse. Lapsed applications will not be further processed. Resubmittal of lapsed applications shall be governed by the regulations in effect at the time of the resubmittal.
(iii) Upon submittal of the additional information, the review authority shall, within 14 calendar days, issue a letter of completeness or, in accordance with subsection (2)(b) of this section, identify what additional information is required.
(iv) If an application is not determined to be complete by the first business day of April and has not lapsed, the department shall move that application for consideration to the following year’s docket.
(c) When an application is deemed complete, the review authority shall:
(i) Forward the application(s) for processing, including environmental if required, and schedule a public hearing, if a hearing is required;
(ii) Send a written notice to the applicant that acknowledges the completeness of the application, states the vesting date when applicable, lists the name and telephone number of a department contact person, and describes the expected review schedule, including the date of a hearing, if applicable; and
(iii) Provide notice of the application, in accordance with LCC 17.12.060.
(d) The determination of completeness does not preclude the review authority from requesting additional information or studies either at the time of the notice of completeness or afterward if new information becomes required or if there are changes in the proposed project.
(3) The department shall complete environmental review for each amendment, consistent with the requirements of Chapter 43.21C RCW and Chapter 17.110 LCC.
(a) After receipt and review of the environmental checklist for an amendment, the department must issue a threshold determination.
(b) If environmental review determines that the amendment may have a significant impact on the environment, and if acceptance of a final environmental impact statement is not complete by the first business day of April, the department shall move that amendment for consideration until the following year’s docket.
(4) The department shall prepare a staff report that includes recommendations and/or options for each docketed amendment.
(a) The staff report shall evaluate the proposed amendment(s) in relationship to the approval criteria under LCC 17.12.110 and any other relevant sections of the Lewis County Code. If the proposed amendment includes land within a city’s urban growth area, the staff report shall also address any comments from the city regarding consistency with the applicable city comprehensive plan and the ability of the city to provide needed utility services.
(b) The department shall forward both the report and the result of the environmental review to:
(i) The commission;
(ii) The applicant and the applicant’s designated representative; and
(iii) To the applicable city staff if the proposed amendment applies to land within a city’s urban growth area. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.040]
17.12.060 Notice of application.
(1) For a quasi-judicial amendment, except an amendment to an urban growth area, within 14 calendar days of issuing a letter of completeness under LCC 17.12.050, the department shall issue a notice of application.
(2) The notice of application will be distributed to the applicant and the applicant’s representative, the appropriate city when the proposed amendment is within the urban growth area, county departments, agencies with jurisdiction including tribal governments, and properties as described in LCC 17.12.070(4)(a)(i) and (ii).
(3) The department shall place a notice sign on the project site in a conspicuous location that is clearly visible and readily readable from a public right-of-way that provides primary vehicular access to the subject property. The department shall remove and properly dispose of the notice after the comment period is closed.
(4) The notice shall include, but not be limited to, the information required in RCW 36.70B.110(2).
(5) The department shall publish a summary of the notice in the official county newspaper, including the nature and location of the proposal, the date public comments are due, and instructions for obtaining further information. [Ord. 1340 (Exh. A), 2022]
17.12.070 Public hearing notice.
(1) The department shall publish notice of the public hearing in the official county newspaper and on the Lewis County website at minimum 15 calendar days before the scheduled hearing. The notice shall include:
(a) A summary of the amendment;
(b) The date, time, and place of the hearing;
(c) A statement that documents pertaining to the amendment, including a staff report and SEPA determination if applicable, are available for public review, including where the public may access them; and
(d) An explanation of the process for submitting comments.
(2) The department shall post the amendment, staff report(s) and SEPA determination, if applicable, to the county’s web page at a minimum 15 calendar days before the scheduled hearing. The posting shall include the name and contact information of the department representative to contact to receive a physical copy of the amendment and related materials.
(3) The department shall send notice to the applicant and the applicant’s representative, the appropriate city when the proposed amendment is within or would expand the urban growth area, parties of the record and to agencies with jurisdiction, school districts, and fire districts that will potentially be affected by the proposed amendment at least 15 calendar days prior to the hearing.
(4) For public hearings involving a quasi-judicial amendment, the department shall provide the following notice in addition to the requirements of subsections (1) through (3) of this section:
(a) At least 15 calendar days prior to the scheduled hearing, the department shall mail notice to property owners as follows:
(i) For quasi-judicial amendments located outside a LAMIRD, hearing notice shall be mailed to all property owners within one-quarter mile of the external boundaries of the subject property as shown by the records of the county assessor; or
(ii) For quasi-judicial amendments located within a LAMIRD, hearing notice shall be mailed to all property owners within 500 feet of the external boundaries of the subject property as shown by the records of the county assessor.
(b) The department shall post a sign as described in LCC 17.12.060(3) giving notice of the hearing at least 15 calendar days prior to the scheduled hearing. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.050]
17.12.080 Review and recommendation by the commission.
(1) The commission shall hold at least one public hearing on an amendment to consider public comment before beginning its deliberations.
(2) At the completion of its deliberations, the commission shall vote to recommend adopting, not adopting, or amending the proposed plan, plan amendments or development regulation in relationship to the approval criteria under LCC 17.12.110.
(3) The commission recommendation shall include findings of fact, the reasons for the recommendation, and decision.
(4) Final recommendations on amendments by the commission should be complete and forwarded to the board by the last business day of August. If the commission has not made a recommendation by the last business day of August, the amendment shall be moved to the following year’s docket. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.070]
17.12.090 Review by state agencies.
(1) At least 60 calendar days before the board reviews the recommendation of the commission, the department shall issue a notice of intent to adopt an amendment to the Department of Commerce.
(2) The department will forward the commission recommendations and all state agency comments to the board by the first business day of December. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.080]
17.12.100 Review and decision by the board.
(1) Upon receipt of a recommendation from the commission and after the 60-day review period by state agencies, the board shall consider and act on amendments. Except as provided under LCC 17.12.020(3), the board shall consider all proposals concurrently to evaluate the cumulative effect of the various amendments.
(2) The board shall hold a public hearing with notice as provided under LCC 17.12.070. Upon conclusion of the public hearing, the board shall deliberate and act on the amendment. The board may:
(a) Adopt by ordinance the commission’s recommendation;
(b) Adopt by ordinance the commission’s recommendation with modifications that include further findings of fact;
(c) Reject the commission’s recommendation; or
(d) Remand the proposed amendment to the commission for further review on the following year’s docket.
(3) Final action by the board on amendments on quasi-judicial actions should occur by the last business day of January. If the board has not made a decision by the last business day of January, the amendment shall be combined with the current year’s docket. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.090]
17.12.110 Approval criteria.
(1) To approve a comprehensive plan amendment, the commission and the board shall find that all of the following are met:
(a) The amendment conforms to the requirements of the Growth Management Act, is consistent with the countywide planning policies and the comprehensive plan, including any interlocal planning agreements, if applicable.
(b) The application and any studies submitted to the department, the commission, and the board demonstrates a need for the amendment.
(c) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered:
(i) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan.
(ii) The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities.
(iii) The anticipated impact upon designated agricultural, forest and mineral resource lands.
(d) The amendment does not include or facilitate spot zoning.
(2) To approve an amendment to the development regulations, the commission and board shall find that the amendment is consistent with the comprehensive plan and in the public interest. [Ord. 1340 (Exh. A), 2022; Ord. 1330 (Exh. A), 2021. Formerly 17.12.100]
17.12.120 Time frames for decisions.
There is no time frame for decisions pursuant to this chapter. [Ord. 1340 (Exh. A), 2022]
17.12.130 Notice of decisions.
(1) The department shall issue the notice of decision within seven calendar days of the final decision and shall publish the notice of decision pursuant to RCW 36.70A.290(2)(b).
(2) The decision shall be noticed as follows:
(a) Published in the official county newspaper.
(b) Mailed to the applicant, any parties of record, and any agencies with jurisdiction that provided comments on the proposal.
(3) The notice of decision shall include, at a minimum, the following information:
(a) The summary of the decision.
(b) A statement that ordinance and exhibits are available for public review and where the public may access them.
(c) The time frame for appeals, if any.
(d) The name and contact information of the department representative to contact about reviewing the file. [Ord. 1340 (Exh. A), 2022]
17.12.140 Appeals.
Appeals shall occur pursuant to Chapter 36.70A or 36.70C RCW. [Ord. 1340 (Exh. A), 2022]
17.12.150 Administration and interpretation.
(1) Authority. Except as otherwise stated, the director is responsible for administering and interpreting the provisions of this title and those titles listed in LCC 17.05.030, as well as Lewis County county-wide planning policies, and Lewis County comprehensive plan. However, approval authority rests with various entities based on permit type, as identified in Table 17.05-1.
(2) Third Party Review. At any point during review of an application, the department may require, or the applicant may request, third party review in cases where additional professional or technical expertise is required due to scale or complexity and/or in cases where independent review is deemed necessary. All third party review shall occur at the applicant’s expense.
(3) Interpretation.
(a) Director’s Administrative Interpretation. The director may initiate a code interpretation whenever necessary and the interpretation will be made available pursuant to this chapter.
(b) Director’s Informal Interpretation. The director may respond to informal inquiries from the public regarding code provisions in terms of applicability and interpretation prior to and outside of the context of a specific project permit application. These requests are neither subject to appeal nor binding on the department.
(c) Director’s Formal Interpretation. Any person(s) may submit a formal request for a code interpretation from the director and the interpretation will be made available by the department pursuant to this chapter. Formal director interpretations are Type I applications and may be appealed. A fee based on LCC Title 18 shall be assessed.
(d) Permanent Record. All code interpretations and hearing examiner decisions on such interpretations shall be retained by the department. Further, they may be prioritized and considered in the next applicable code update. Code interpretations shall be made available to the public and available for inspection. [Ord. 1345 (Exh. A), 2023]
17.12.160 Refund of fees.
Refunds for applications subject to this chapter shall occur in accordance with the Lewis County schedule of fees established by local resolution on file with the board and codified under LCC Title 18. [Ord. 1340 (Exh. A), 2022]
17.12.170 Errors not grounds for invalidation.
Errors in exact compliance with this chapter, or specific public participation programs developed for specific amendments, shall not constitute grounds for invalidation of any comprehensive plan amendment, development regulation, or other legislation adopted under this chapter so long as the spirit of the procedures is observed, unless otherwise provided by state or federal law. [Ord. 1340 (Exh. A), 2022]