Chapter 18.40
ADOPTION AND AMENDMENT PROCEDURES
Sections:
18.40.030 Public hearing required by the planning agency – Notice required.
18.40.040 Adoption required by city council.
18.40.050 Adoption of comprehensive plan.
18.40.060 Adoption and amendment of future land use map.
18.40.065 When amendments may be adopted.
18.40.070 Proposals for amendments.
18.40.071 Decision criteria for privately-initiated plan amendment proposals.
18.40.075 Periodic assessment of comprehensive plan amendment needs.
18.40.080 Amendments considered under emergency situation.
18.40.085 Provisions for amendment transmittal and reporting to state.
18.40.090 Appeals to the adoption or amendment of a comprehensive plan.
18.40.010 Applicability.
This section shall apply to initial adoption of the comprehensive plan and subsequent adoption of amendments or additional elements to the comprehensive plan. (Ord. 2508 § 1, 1997; Ord. 2438 § 1, 1995; Ord. 2352 § 1, 1993).
18.40.030 Public hearing required by the planning agency – Notice required.
When proposed adoption of the comprehensive plan, adoption of successive parts thereof, or an amendment to the comprehensive plan is under consideration, the planning agency shall hold at least one public hearing thereon if required, and notice of such hearing shall be given prior to the planning agency making a recommendation for city council adoption. The notice shall state the date, time, place and purpose of the public hearing, description of the area affected, and the nature of the proposed comprehensive plan adoption or amendment. Notice given in the following manner shall be deemed adequate notice under this title:
(1) Notice shall be published once in a newspaper of general circulation in the city and the official gazette of the city not less than 15 days prior to the date of the public hearing.
(2) If a proposed amendment to the comprehensive plan applies to specific real property, notice shall be sent by first class mail to all owners of property as shown on the last available county tax assessor’s roll within a minimum distance of 500 feet from the exterior boundaries of the property to which the proposed amendment to the comprehensive plan applies, at least 15 days before the hearing. If any property within the minimum noticing distance specified by this subsection is contiguous to and under the same ownership as the property to which the proposed amendment to the comprehensive plan applies, the owners of all property contiguous to the property so owned shall be notified in the same manner as herein provided for owners of property within the minimum noticing distance. Failure to receive such notice shall not invalidate the action on the amendment. In addition, the director may send notice to addresses within the minimum noticing distance and send notice to property owners and addresses beyond the minimum noticing distance.
(3) Notice shall be posted in a conspicuous location on the property to which a proposed amendment to the comprehensive plan applies at least 15 calendar days prior to the date of the public hearing. Posting of a notice within public right-of-way adjacent to the subject property shall be considered as meeting the requirements of this subsection.
(4) As an alternative to the noticing procedures described in subsections (1), (2) and (3) of this section pertaining to proposed adoption of an individual amendment to the comprehensive plan, if the number of owners to whom notice would be sent is greater than 200 for any individual proposal, the city may choose to provide notice at least 15 calendar days prior to the hearing by placing a display advertisement of at least one-fourth page in a newspaper of general circulation in the city and in the official gazette of the city.
For all privately-initiated amendment requests, it shall be the responsibility of the applicant to bear the full cost of providing notice according to subsections (2) and (3) above. (Ord. 2508 § 1, 1997; Ord. 2457 § 1, 1995; Ord. 2438 § 1, 1995; Ord. 2352 § 1, 1993).
18.40.040 Adoption required by city council.
The comprehensive plan or an amendment to the comprehensive plan requires adoption by the city council by ordinance. The city council shall not adopt a comprehensive plan amendment or addition without first conducting a public hearing and considering a report by the planning agency, if required. In addition, amendments to the future land use plan map will generally require a change in zoning of specific properties; said changes shall be considered concurrently with a plan amendment request by the planning agency and city council and shall not require the payment of additional fees. (Ord. 2508 § 1, 1997; Ord. 2438 § 1, 1995; Ord. 2352 § 1, 1993).
18.40.050 Adoption of comprehensive plan.
There is adopted by reference a comprehensive plan, on file with the department of planning and community development, as subsequently amplified, augmented and amended pursuant to the provisions in this title, consisting of:
(1) The city of Puyallup Comprehensive Plan (September 1994) which includes the following:
(a) Foundations Element;
(b) Environment Element;
(c) Land Use Element;
(d) Housing Element;
(e) Community Character Element;
(f) Transportation Element;
(g) Utilities Element;
(h) Capital Facilities Plan Element;
(i) Parks, Recreation, and Open Space Element;
(j) Downtown Revitalization Neighborhood Plan;
(2) Shoreline Master Program;
(3) City of Puyallup Comprehensive Sewer System Plan;
(4) City of Puyallup Water System Comprehensive Plan; and
(5) City of Puyallup Comprehensive Storm Drainage Plan. (Ord. 3051 § 2, 2013; Ord. 2508 § 1, 1997; Ord. 2476 § 1, 1996; Ord. 2457 § 1, 1995; Ord. 2438 § 1, 1995; Ord. 2411 § 2, 1994).
18.40.060 Adoption and amendment of future land use map.
(1) This title includes a map known, cited, and referenced as the city of Puyallup comprehensive plan future land use map which depicts the location and boundaries of various land use classifications, references and other information shown thereon, which map is incorporated by reference as part of this title.
(2) A true and correct copy of the future land use map shall be kept in the development services department, and shall be revised to reflect all comprehensive plan land use map amendments within five days of enactment of said amendments. Said future land use map shall contain the date of initial adoption and the date of each subsequent revision. (Ord. 2954 § 2, 2010; Ord. 2508 § 1, 1997; Ord. 2476 § 1, 1996; Ord. 2438 § 1, 1995; Ord. 2411 § 2, 1994).
18.40.065 When amendments may be adopted.
Except for the products of city-initiated planning programs, all amendments to the comprehensive plan shall be considered concurrently and no more frequently than once each calendar year except in the event of an emergency, as defined in PMC 18.40.080. The city council shall consider proposed amendments concurrently and in conjunction with and then act on them just prior to or concurrently with the city’s budget, or its modification, in the last quarter of each year.
Additions of new elements as the result of a city-initiated planning program may occur at any time during the calendar year, provided the element must be consistent with the general framework of the comprehensive plan. (Ord. 2961 § 3, 2010; Ord. 2954 § 3, 2010; Ord. 2905 § 6, 2008; Ord. 2508 § 1, 1997; Ord. 2438 § 1, 1995).
18.40.070 Proposals for amendments.
(1) Prior to submitting an application for a comprehensive plan amendment, the applicant is advised to request a preapplication meeting to obtain information and guidance regarding the comprehensive plan and municipal code, and the requirements of each that are applicable to the application request.
(2) A site-specific amendment to the comprehensive plan may be submitted by any individual, organization, corporation or partnership, general or special purpose government, or entity of any kind; provided, that the property owner has provided written consent to the proposal. An applicant shall complete the necessary application forms as provided by the planning director and pay required filing fees. An environmental checklist shall also be required pursuant to Chapter 21.04 PMC unless the request is categorically exempt. Such proposals shall be deemed privately-initiated.
The city council or the planning agency may by resolution initiate a planning program or specific amendment which may result in an additional element or other amendment to the plan and submit it during the designated time period for application. Such proposals shall be deemed city-initiated.
(3) All proposed amendments to the comprehensive plan shall be submitted to the development services department no later than the deadline of April 1st, or the next business day thereafter, to be considered during that year. Those amendment requests received after the deadline will not be considered in that year’s amendment process unless an emergency exists as defined in PMC 18.40.080. If an amendment request received after the established general time period is not considered in that year’s amendment process, it will be considered in the next year. Proposed plan amendments consisting of changes to the capital facilities plan (CFP) element will be accepted later than other proposed amendments because of the CFP’s relationship to the city budget or its modification. Any amendment to the CFP proposed after adoption of the city budget shall be considered in the following year’s amendment process.
(4) An applicant may revise an application, provided a notice of such a revision is made in writing, and a new application and associated materials are submitted at least 60 days from the original application submittal deadline, or within 10 business days following the planning commission’s first meeting where substantive planning commission review of the staff report on the proposal has occurred, whichever date is later. Such revisions shall be permitted if in response to commission or staff comments during the first substantive review, and shall be deemed to supersede the prior application documents. If such revision is significant enough to require a revised staff report or second public noticing, including posting of signs, advertisements, or notification of neighbors, the director shall assess another application fee equal to one-half that required for the original application, and may reschedule the date of consideration of the commission or council, if necessary.
(5) The planning agency shall consider an assessment and recommendation on all proposed amendment requests from the planning director and shall make and forward a recommendation on each to the city council, if required. (Ord. 3051 § 3, 2013; Ord. 2961 § 7, 2010; Ord. 2954 § 4, 2010; Ord. 2905 § 7, 2008; Ord. 2508 § 1, 1997; Ord. 2457 § 1, 1995; Ord. 2438 § 1, 1995).
18.40.071 Decision criteria for privately-initiated plan amendment proposals.
In consideration that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with subsections (1) and (2) and/or (3) of this section as follows:
(1) The proposed change will further and be consistent with the goals, objectives and policies of the comprehensive plan;
(2) If the request is to change the land use designation of a specific property on the future land use map, the applicant must demonstrate either of the following:
(a) The existing land use designation was clearly made in error or due to an oversight;
(b) There has been a substantive change in conditions since the plan was adopted/last amended;
(3) Any of the criteria listed in PMC 18.40.075. (Ord. 3051 § 4, 2013; Ord. 2508 § 1, 1997).
18.40.075 Periodic assessment of comprehensive plan amendment needs.
(1) The planning agency will monitor the comprehensive plan and regulatory procedures that implement the plan, and may by resolution initiate amendments as needed for adoption. Such city-initiated amendments shall be based on, but not limited to:
(a) Whether growth and development are occurring at a faster or slower rate than envisioned in the plan; or
(b) Whether the capacity to provide adequate services is diminished or increased; or
(c) The availability of land to meet demand; or
(d) Assumptions upon which the plan is based are found to be invalid; or
(e) The effect of the plan on land values and housing is contrary to the plan goals; or
(f) A determination that sufficient change or lack of change in circumstances dictate the need for a recommended amendment; or
(g) A determination that a question of consistency exists between the comprehensive plan and Chapter 36.70A RCW, Chapter 90.58 RCW, the Countywide Planning Policies for Pierce County, and Vision 2040: Growth and Transportation Strategy for the Central Puget Sound Region.
(2) A major reassessment of the comprehensive plan shall occur at least every 10 years from the date of initial adoption of the plan, or as required by the Washington State Department of Commerce. (Ord. 3051 § 5, 2013; Ord. 2954 § 5, 2010; Ord. 2508 § 1, 1997; Ord. 2457 § 1, 1995; Ord. 2438 § 1, 1995).
18.40.080 Amendments considered under emergency situation.
The planning agency and city council may consider amendments to the comprehensive plan at any time during a calendar year as a result of an emergency situation in which property or human safety is in jeopardy, or to resolve an appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or Superior Court. (Ord. 2508 § 1, 1997; Ord. 2457 § 1, 1995; Ord. 2438 § 1, 1995).
18.40.085 Provisions for amendment transmittal and reporting to state.
The community development department shall notify and transmit copies of all proposed plan amendments and development regulations to the Washington State Department of Community, Trade and Economic Development and designated state agencies at least 60 days prior to adoption as consistent with Chapter 36.70A RCW. (Ord. 2508 § 1, 1997; Ord. 2438 § 1, 1995).
18.40.090 Appeals to the adoption or amendment of a comprehensive plan.
All appeals to the adoption of the comprehensive plan or an amendment thereto shall be filed with and processed by the Central Puget Sound Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 2508 § 1, 1997; Ord. 2438 § 1, 1995).