Chapter 14.17
PLANNED ACTIONS
Sections:
14.17.020 Findings related to the SR 527 subarea and planned action.
14.17.030 Application of this chapter.
14.17.040 Review procedures for proposed planned actions and implementing projects.
14.17.050 Substantive criteria for evaluating proposed planned actions.
14.17.060 Authorization of planned actions.
14.17.070 Procedures applicable to approved planned actions.
14.17.080 Promulgation of rules.
14.17.090 Environmental documents for SR 527 planned actions.
Legislative history: Ord. 98-446.
14.17.010 Purpose.
The purposes of this chapter are as follows:
A. Establish a procedure to determine whether certain developments will qualify as planned actions consistent with this chapter, RCW 43.21C.031 and WAC 197-11-164 through 197-11-172.
B. Establish the procedure for reviewing and making decisions on approved planned actions.
C. Authorize the SR 527 subarea as a planned action. (Ord. 2005-609 § 2)
14.17.020 Findings related to the SR 527 subarea and planned action.
After thorough review and consideration, the city council makes the following findings:
A. The SR 527 subarea corridor plan (“subarea plan”) and its accompanying draft and final supplemental environmental impact statement (“SEIS”) have analyzed and addressed all of the probable environmental impacts associated with the land uses allowed by the city’s development regulations and described in the subarea plan as to the SR 527 subarea.
B. The analysis contained in the subarea plan and SEIS is adequate to identify the probable environmental impacts of developments allowed under the city’s development regulations which were not previously analyzed in the comprehensive plan and its accompanying environmental documents.
C. The mitigation measures identified in the environmental element of the subarea plan and SEIS, together with the mitigation procedures in the city’s development code, are adequate to identify and mitigate the probable environmental impacts of the land uses and developments considered in the subarea plan and SEIS.
D. The expedited permit review procedure in this chapter is consistent with law, will be a benefit to the public, will protect the environment, and will enhance the city’s economic development.
E. The public interest will be served by implementing the expedited development review procedure set forth in this chapter.
F. Public involvement and review of the subarea plan and SEIS have been extensive and meet the requirements of law, and have been sufficient to ensure that the subarea plan and SEIS bear a substantial relationship to the public interest, health, safety, and welfare.
G. The land uses identified in the subarea plan for the SR 527 subarea are consistent with and will implement the comprehensive plan.
H. The SR 527 subarea is hereby designated a planned action. (Ord. 2005-609 § 2)
14.17.030 Application of this chapter.
A. Whenever a development is proposed in the SR 527 subarea which an applicant or the director believes may qualify as a planned action under this chapter, such proposed development shall be reviewed under the requirements of this chapter.
B. Any other planned action (besides the SR 527 subarea) shall also meet the requirements of this chapter, be approved by the director, and be designated as a planned action by resolution or ordinance of the city council before it shall be entitled to subsequent review and treatment as a planned action.
C. An “approved planned action” means a development that:
1. Has been reviewed in accordance with this chapter;
2. Has been found to be consistent with any applicable subarea plan, EIS, the comprehensive plan, and related environmental analyses;
3. Has had its significant environmental impacts adequately analyzed as part of an EIS prepared in conjunction with any qualifying action described in WAC 197-11-164;
4. Has had required and appropriate mitigation measures identified and applied to the project; and
5. Has been designated by ordinance or resolution of the city council as a planned action in accordance with WAC 197-11-168.
D. Developments that are not designated as planned actions pursuant to this chapter, or whose significant environmental impacts have not been addressed in a subarea plan and/or EIS, shall not qualify as planned actions, but may proceed through the standard development review process. (Ord. 2005-609 § 2)
14.17.040 Review procedures for proposed planned actions and implementing projects.
The director shall review proposed developments to determine whether they may qualify as planned actions or as planned action implementing projects under this chapter. The review shall consist, at a minimum, of the following steps; provided, that the director may adopt other review procedures under MCMC 14.17.080 as needed to implement this chapter:
A. Procedure. The determinations and notices for a proposed development under this chapter shall be made in the same manner as other development actions, except as explicitly modified by this chapter.
B. Application Required. Development applications for all proposed planned actions shall meet the application requirements of the consolidated review procedure, Chapter 14.05 MCMC. Applications shall clearly identify the development proposal as a planned action and shall be made on forms provided by the director. The application shall include a SEPA checklist, supplemental SEPA checklist, or such other environmental review forms required by the director to enable the following determinations. The checklist may be incorporated into the form of the application at the director’s discretion.
C. Complete Application Determination. The director shall determine whether the application for the proposed planned action is complete in accordance with Chapter 14.05 MCMC.
D. Planned Action Consistency Determination. The director shall determine whether the proposed development is consistent with and meets all the procedural and substantive criteria and qualifications specified in this chapter. A planned action consistency review shall include the following specific determinations:
1. Whether the proposed use is consistent with the comprehensive plan, any subarea or other plan, an EIS encompassing the project, and other zoning or land use designations applicable to the proposed development site.
2. Whether the intensity of proposed activity is consistent with the intensity of activities analyzed in the subarea or other plan and EIS, and whether the environmental impacts of the proposed activity fall within the thresholds of impacts addressed in the subarea or other plan and EIS for each applicable element of the environment.
3. Whether the environmental impacts of the proposed development are equal to or less than those considered in the subarea or other plan and EIS, and whether the environmental impacts of the proposed development will be mitigated through the application of the mitigation measures identified in the subarea or other plan, EIS and this chapter.
4. Whether the proposed development is in compliance with all other applicable local, state, and federal regulations and development standards.
E. Notice of Determination. Upon completing the planned action consistency review, the director shall make written findings and conclusions for his determination and provide notice of his decision in accordance with the provisions of WAC 197-11-172(3) and Chapter 14.07 MCMC as applicable.
1. If the proposed development qualifies as a planned action, the director shall notify the applicant in writing and include his findings and conclusions. Upon such notice, the development proposal shall proceed in accordance with the appropriate provisions of this chapter.
2. If the proposed development does not qualify as a planned action, the director shall notify the applicant in writing and prescribe a SEPA review procedure for the proposed development consistent with the development code. The notice shall describe the elements of the development that result in disqualification as a planned action and shall include the director’s findings and conclusions. The director may limit the scope of any subsequent SEPA review to those issues and environmental impacts not previously addressed in the subarea or other plan and EIS, if warranted.
F. Appeal of Determination. The director’s determination that a development does or does not qualify as a planned action may be appealed in accordance with the procedures established for appeal of an administrative interpretation. (Ord. 2005-609 § 2)
14.17.050 Substantive criteria for evaluating proposed planned actions.
Every planned action shall meet the following substantive criteria in order to qualify as a planned action under this chapter; provided, that the director shall require such additional information and shall consider such additional factors and criteria as he deems necessary to carry out the terms of this chapter:
A. The proposed development shall meet all of the requirements for planned actions under this chapter, RCW 43.21C.031, Chapter 36.70A RCW, and Chapter 197-11 WAC.
B. The proposed development shall be located within the boundaries of a subarea or other plan area which shall be less than the boundaries of the city itself.
C. The zoning designation of the property upon which the proposed development will be located shall be consistent with the designations analyzed in the subarea or other plan and EIS, and shall otherwise be permitted by and consistent with the development code.
D. The proposed development:
1. Shall comprise a specific land use or activity described in the subarea or other plan and EIS or comprise a use or activity allowed by the development code, and shall be within the range of land uses, environmental impacts, and mitigation measures identified in the subarea or other plan and EIS; and
2. Shall be determined by the director to be a use that implements the subarea or other plan and the comprehensive plan.
E. The significant environmental impacts of the proposed development:
1. Shall not exceed those described and analyzed in the subarea or other plan and EIS;
2. Shall have been adequately analyzed and addressed in the subarea or other plan and EIS; and
3. Shall have been or can be mitigated through the application of the mitigation measures described in the subarea or other plan and EIS.
F. The proposed development shall not be an essential public facility. (Ord. 2005-609 § 2)
14.17.060 Authorization of planned actions.
A. If no city council designation of planned action has been previously made, following the director’s decision under MCMC 14.17.040 approving a proposed planned action, and prior to or simultaneous with final approval of the proposed development, the director shall propose for adoption by the city council a resolution or ordinance designating the proposed development as a planned action pursuant to WAC 197-11-168.
B. No action shall be taken by the applicant on the proposed planned action until the city council has adopted the resolution or ordinance designating the development as a planned action. (Ord. 2005-609 § 2)
14.17.070 Procedures applicable to approved planned actions.
A. Approved planned actions shall not require a separate procedural SEPA threshold determination or the preparation of an environmental impact statement (EIS). However, all approved planned actions shall be subject to environmental review under the development code and shall incorporate conditions which mitigate any and all environmental impacts that may result from the development.
B. Except as exempted by this chapter, all approved planned actions shall be subject to the permit requirements applicable under city, state and federal laws and ordinances. The director’s determination that a development qualifies as a planned action shall not excuse the development from meeting the city’s land use permit and current development regulations and requirements apart from the procedural SEPA process.
C. Approved planned actions shall be conditioned on the basis of the mitigation identified within an applicable subarea or other plan and EIS, this chapter, and other applicable development regulations. (Ord. 2005-609 § 2)
14.17.080 Promulgation of rules.
The director is authorized to promulgate rules and procedures necessary and convenient for the implementation of this chapter. (Ord. 2005-609 § 2)
14.17.090 Environmental documents for SR 527 planned actions.
The SR 527 subarea plan and SEIS, including all identified and/or potential mitigation measures, are hereby incorporated into this chapter and adopted by this reference as though set forth in full. The environmental element of the SR 527 subarea plan and SEIS, together with the development code, shall provide the framework for the decision by the city to impose mitigation conditions on a planned action within the SR 527 subarea. Other environmental documents and studies listed in the SR 527 subarea plan and SEIS may be used to assist in analyzing impacts and determining appropriate mitigation measures in accordance with this chapter. (Ord. 2005-609 § 2)