Chapter 22G.020
PROCEDURES FOR LEGISLATIVE ACTIONS
Sections:
22G.020.030 Initial review and evaluation of proposed amendments and revisions.
22G.020.040 Planning commission review.
22G.020.050 City council review.
22G.020.060 Public notice and public hearings.
22G.020.070 Effect of city council action.
22G.020.080 Violation not grounds for invalidation.
22G.020.010 Purpose.
The purpose of this chapter is to establish procedures for review of proposed amendments and revisions to the city’s comprehensive plan and implementing development regulations adopted under the Growth Management Act (GMA) which are legislative in nature. These procedures are also intended to supplement the comprehensive plan docketing process outlined in the comprehensive plan and Resolution No. 1839. The procedures contained in this chapter are not a substitute for city permitting procedures, nor do the procedures in this chapter relate to applications or other actions which are quasi-judicial in nature. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.020 Scope of chapter.
This chapter contains the procedures the city will use to take legislative actions for the following, and which by way of reference below shall be considered legislative actions:
(1) Amendments to the GMA comprehensive plan, including but not limited to the following elements: land use, housing, transportation, parks and recreation, capital facilities, water and sewer utilities, public facilities and services, economic development, subarea plans and the comprehensive plan land use map.
(2) Rezoning of land when such rezone is associated with a comprehensive plan designation amendment.
(3) Area-wide rezones.
(4) Prezoning of property when associated with an annexation.
(5) Amendments to the sewer, water, or surface water comprehensive plans, which are adopted as part of the city’s GMA comprehensive plan.
(6) Amendments to the shoreline management master program when associated with comprehensive plan amendments.
(7) Amendments or revisions to the zoning code.
(8) Technical corrections to any part of the GMA comprehensive plan or the city’s development regulations.
(9) Any part of the Marysville Municipal Code adopted to meet the requirements of the GMA.
(10) Amendments to any of the provisions of Chapters 22G.090 and 22G.100 MMC relating to subdivisions.
(11) Any other matters which by statute, ordinance or common law are legislative in nature (as opposed to quasi-judicial). Ordinarily, matters which are quasi-judicial in nature will be reviewed through the land use hearing examiner as established by Chapter 22G.060 MMC.
This chapter is intended to supplement, and not to limit or replace, existing city authority and procedures for adoption of other legislation. Nothing in this chapter shall be construed to limit the legislative authority of the city to consider and adopt amendments and revisions to the GMA comprehensive plan and development regulations. Nothing contained in this chapter shall be intended to replace or repeal other provisions of the Marysville Municipal Code unless they are inconsistent herewith. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.030 Initial review and evaluation of proposed amendments and revisions.
The community development department shall conduct an initial review and evaluation of proposed amendments and revisions and assess the extent of review that would be required under the State Environmental Policy Act (SEPA) prior to planning commission and/or city council action. The initial review and evaluation shall include any review by other city departments or other agencies deemed necessary by the community development department. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.040 Planning commission review.
All proposals falling within the scope of the chapter will be introduced to the Marysville planning commission, which may schedule workshops as needed to consider the proposal. City staff may prepare a report and recommendations to the planning commission. Prior to making a recommendation to the city council, the planning commission shall schedule a public hearing pursuant to the procedures set forth in MMC 22G.020.060. After the public hearing and any further study sessions as may be needed, the planning commission shall transmit its recommendation to the city council through the community development department. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.050 City council review.
Following the review by the planning commission, the city council shall consider at a public meeting each recommendation transmitted by the planning commission. The city council may hold its own public hearing pursuant to the procedures set forth in MMC 22G.020.060. Following such public meeting and/or public hearing, the city council may take any one of the following actions:
(1) Adopt the recommendation of the planning commission without changes.
(2) Adopt the recommendation of the planning commission with changes.
(3) Remand the recommendation or parts thereof to the planning commission for further review. In the event the city council remands a matter for further planning commission review, the council shall specify the time within which the planning commission shall report back to the city council with a new recommendation. All entities involved shall comply with the timelines unless the city council approves a request for extension of time.
(4) Any action by the city council shall be adopted pursuant to ordinance or resolution; provided, however, in the event the city council denies or disapproves any recommendation it may be done by motion. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.060 Public notice and public hearings.
(1) Content. When the planning commission or city council has scheduled a public hearing on a legislative proposal, the community development department shall prepare a notice containing the following information:
(a) The name of the applicant, and, if applicable, the project name;
(b) If the application involves a specific property, the street address of the subject property, a description in nonlegal terms sufficient to identify its location, and a vicinity map indicating the subject property;
(c) A brief description of the action or approval requested;
(d) The date, time and place of the public hearing;
(e) If the application or request involves text or language revisions to any of the documents specified in MMC 22G.020.020, and does not involve a specific property, the notice shall specify which document or documents are proposed to be amended or revised;
(f) A statement of the right of any person to participate in the public hearing.
(2) Provision of Notice. The community development department shall provide for notice of the public hearing at least 10 days prior to the date of the public hearing as follows:
(a) The notice shall be published in the official newspaper, if one has been designated, or a newspaper of general circulation in the city.
(b) If the proposal involves specific property, other than an area-wide change, two notice signs shall be posted on the site or in a location immediately adjacent to the site that provides visibility to motorists using the adjacent streets. The community development director shall establish standards for size, color, layout, design, wording, placement, and timing of installation and removal of the signs or placards.
(c) If the proposal involves specific property other than an area-wide change, notice of the public hearing shall be mailed to each owner of real property within 300 feet of any boundary of the subject property.
(d) If the proposal does not involve specific property, and relates to text or language revisions to any of the documents specified in MMC 22G.020.020, the community development department may, but shall not be required to, provide reasonable notice in addition to newspaper publication through other means such as the city’s website.
(e) The community development director shall also provide notice to each person who has requested such notice.
(3) Public Hearing.
(a) Participation. Any person may participate in the public hearing held by the planning commission or city council by submitting written comments to the community development director prior to the hearing, or by submitting written comments or by making oral comments to the planning commission or city council at the hearing. All written comments received by the community development director shall be transmitted to the planning commission or city council not later than the date of the public hearing.
(b) Party of Record. Any person who participates in the manner set forth in subsection (3)(a) of this section shall be considered a party of record.
(4) Hearing Record. The planning commission and city council shall compile written minutes of each hearing. (Ord. 3256 § 11 (Exh. K), 2023; Ord. 2852 § 10 (Exh. A), 2011).
22G.020.070 Effect of city council action.
The final action of the city council on all legislative matters described in MMC 22G.020.020, which are subject to Growth Management Hearings Board Review, pursuant to RCW 36.70A.280, may be appealed by a party of record by filing the petition with the Growth Management Hearings Board pursuant to the requirements set forth in RCW 36.70A.290. Appeal of any matters not subject to Growth Management Hearings Board review may be appealed by a party of record as provided in MMC 22G.010.560. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.080 Violation not grounds for invalidation.
Violation of this chapter shall not constitute grounds for invalidation of any GMA comprehensive plan amendment, implementing development regulation, or other legislation or any of the actions listed under MMC 22G.020.020. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.090 Severability.
If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).
22G.020.100 Repealer.
This chapter shall replace and supersede all other ordinances previously adopted which are inconsistent with the provisions of this chapter. (Ord. 2852 § 10 (Exh. A), 2011).