20F.30.55 Type VI Review: Legislative, City Council Decisions.

20F.30.55-010 Purpose.

A Type VI review is for legislative land use decisions made by the City Council under its authority to establish policies and regulations regarding future private and public development and management of public lands. The process includes a hearing and recommendation by the Planning Commission or Code Rewrite Commission and an action by the City Council. Review under the State Environmental Policy Act (SEPA) may be required. Type VI reviews are exempt from the procedures of RCDG 20F.30.25, Timeframes for Review. (Ord. 2472; Ord. 2118)

20F.30.55-020 Planning Commission Review.

(1) Type VI proposals unrelated to the 2009-2011 Code Rewrite will usually be introduced to the Planning Commission, which may schedule study sessions as needed to consider the proposal. Prior to making a recommendation, the Planning Commission shall schedule a public hearing. After the public hearing, and after any further study sessions as may be needed, the Planning Commission shall transmit its recommendation to the City Council through the applicable department director, the City Clerk, and Mayor.

(2) The Planning Commission may recommend that the City Council adopt, or adopt with modifications, a proposal if it complies with the applicable decision criteria of the Redmond Community Development Guide (RCDG). In all other cases, the Planning Commission shall recommend denial of the proposal.

(3) If the Planning Commission recommends a modification which results in a proposal not reasonably foreseeable from the notice provided pursuant to RCDG 20F.30.55-030, the Planning Commission shall conduct a new public hearing on the proposal as modified. The Planning Commission shall consider the public comments at the hearing in making its final recommendation.

(4) A vote to recommend adoption of the proposal or adoption with modification must be by a majority vote of the Planning Commission members present and voting. (Ord. 2472; Ord. 2118)

20F.30.55-025 Code Rewrite Commission Review.

(1) Type VI proposals related to the 2009-2011 Code Rewrite will be introduced to the Code Rewrite Commission, which may schedule study sessions as needed to consider the proposal. Prior to making a recommendation, the Code Rewrite Commission shall schedule a public hearing. After the public hearing, and after any further study sessions as may be needed, the Code Rewrite Commission shall transmit its recommendation to the City Council through the applicable department director, the City Clerk, and Mayor.

(2) The Code Rewrite Commission may recommend that the City Council adopt, or adopt with modifications, a proposal if it complies with the adopted 2009-2011 Code Rewrite Guiding Principles and the goals, vision, and policies of the Comprehensive Plan. In all other cases, the Code Rewrite Commission shall recommend denial of the proposal.

(3) If the Code Rewrite Commission recommends a modification which results in a proposal that is not within the scope of the alternatives available for public comment at the time of the notice provided pursuant to RCDG 20F.30.55-030, the Code Rewrite Commission shall conduct a new public hearing on the proposal as modified. The Code Rewrite Commission shall consider the public comments at the hearing in making its final recommendation.

(4) A vote to recommend adoption of the proposal or adoption with modification must be by a majority vote of the Code Rewrite Commission members present and voting. (Ord. 2472)

20F.30.55-030 Notice of Public Hearing.

(1) When the Planning Commission, Code Rewrite Commission or City Council has scheduled a public hearing on a Type VI proposal, notice of the public hearing shall be provided 21 days prior to the scheduled hearing date in the manner set forth in subsection (2) of this section.

(2) Notice of Public Hearing.


Land Use Action	Publish	Mail	Post
Development Guide Amendment – Comprehensive Plan	X
Development Guide Amendment – Text	X
Development Guide Amendment – 2009-2011 Code Rewrite	X
Development Guide Amendment – Zoning Map	X	X	X

(3) Published Notice. When required, the applicable department director shall publish a notice in a newspaper of general circulation in the City. The notice shall contain the following information:

(a) The name of the applicant, and, if applicable, the project name;

(b) If the application involves 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;

(d) The date, time, and place of the public hearing; and

(e) A statement of the right of any person to participate in the public hearing as provided in RCDG 20F.30.55-040.

(4) Mailed Notice.

(a) Zoning Map Amendments. If the proposal involves specific property, rather than an area-wide or zone-wide change, notice of the public hearing, containing the same information set forth in subsection (3) of this section, shall be mailed to each owner of real property within 500 feet of any boundary of the subject property, or 20 property owners (whichever is greater).

(i) The records of the King County Assessments Department shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the King County real property tax records. The approval authority shall issue a certificate of mailing to all persons entitled to notice under this chapter. The approval authority may provide notice to other persons than those required to receive notice under the code.

(b) Notice shall be mailed to each person who has requested such notice.

(c) No proceeding of any procedure established in this chapter shall be found to be invalid for failure to provide mailed notice as required in this section as long as the other methods of notice have met their respective requirements and there was a good faith attempt to comply with the mailed notice requirements.

(d) All public notices shall be deemed to have been provided or received on the date the notice is deposited in the mail or personally delivered, whichever occurs first.

(5) Posted Notice.

(a) Zoning Map Amendments. If the proposal involves specific property, rather than an area-wide or zone-wide change, at least one public notice board shall be posted on the site or in a location immediately adjacent to the site that provides visibility to motorists using the adjacent street(s).

(b) The following Type VI application is a major land use action: Development Guide amendment – Zoning Map. In addition to the general notice requirements, major land use actions shall comply with the following extraordinary signage requirements:

(i) Sign Size and Placement. Each sign shall be four feet by eight feet in size, placed no closer than five feet from the right-of-way, visible from each public street on which the subject property has frontage, and placed outside the sight distance triangle.

(ii) Content of Notice. Signs shall be prepared using templates or attachable letters. Hand lettered signs are not acceptable. The required sign shall include:

(A) The title “Notice of Land Use Application”;

(B) A graphic or written description of the site boundaries;

(D) The date of public hearing;

(E) The name and telephone number of the Department of Planning and Community Development;

(F) City of Redmond logo;

(G) Other information as the Administrator may determine to be necessary to adequately notify the public of the pending land use application. (See Appendix 20F-5 for an illustration.)

(iii) Responsibility for Installation and Removal.

(A) The applicant shall be solely responsible for the construction, installation, and removal of the sign(s) and the associated costs.

(B) The sign(s) shall be erected at least 14 days prior to the public hearing. The applicant shall sign an affidavit, stating that the sign(s) were installed and the date and posting of property.

(D) If the sign is removed prior to the City Council’s final action, the applicant is responsible for immediate replacement of the sign.

(6) Responsibility for Notice. The Code Administrator is responsible for providing published legal notices, mailed notice and posted notice in public buildings. The applicant is responsible for complying with on-site posted notice requirements.

(7) Alternative Means of Notification. In the case of the following actions initiated by the City, which affect large areas of the City, the Administrator may elect to use alternative means of public notification in addition to the newspaper publication required by RCW 35A.63.070, provided such notification is likely to achieve equal or greater actual public notification:

(a) Adoption or amendment of a neighborhood or other area-wide community plan;

(b) Zoning Map amendments adopted on a neighborhood or other area-wide basis. (Ord. 2472; Ord. 2118)

20F.30.55-035 Notice of Planning Commission or Code Rewrite Commission Public Hearing.

Public notice of the date of the Planning Commission or Code Rewrite Commission public hearing at which the Planning Commission or Code Rewrite Commission will consider the application shall be published in a newspaper of general circulation. The public hearing shall be scheduled no sooner than 21 days following the date of publication of the notice. If a determination of significance was issued by the Administrator, the notice of the Technical Committee’s recommendation shall state whether an EIS or supplemental EIS was prepared or whether existing environmental documents were adopted. The notice of the Planning Commission or Code Rewrite Commission public hearing shall also include the notice of the availability of the Technical Committee’s recommendation. (Ord. 2472; Ord. 2118)

20F.30.55-040 Planning Commission or Code Rewrite Commission Public Hearing.

(1) Any person may participate in the public hearing by submitting written comment to the applicable department director prior to the hearing or by submitting written or making oral comments to the Planning Commission or Code Rewrite Commission at the hearing. All written comments received by the applicable department director shall be transmitted to the Planning Commission or Code Rewrite Commission no later than the date of the public hearing.

(2) The Administrator shall transmit to the Planning Commission or Code Rewrite Commission a copy of the department file on the application including all written comments received prior to the hearing and information reviewed by or relied upon by the Administrator. The file shall also include information to verify that the requirements for notice to the public (Notice of Application, as required; Notice of SEPA Determination) have been met.

(3) The Planning Commission or Code Rewrite Commission shall record and compile written minutes of each hearing. (Ord. 2472; Ord. 2118)

20F.30.55-050 Planning Commission or Code Rewrite Commission Recommendation.

(1) The Planning Commission or Code Rewrite Commission shall provide a written recommendation to the City Council on the proposal. The recommendation shall contain the following:

(a) The recommendation of the Planning Commission or Code Rewrite Commission; and

(b) Any conditions included as part of the recommendation; and

(c) Findings of fact upon which the recommendation, including any conditions, was based and the conclusions derived from those facts.

(2) If the Planning Commission or Code Rewrite Commission makes a recommendation that requires a modification which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to RCDG 20F.30.55-030, the Planning Commission or Code Rewrite Commission shall conduct a new hearing on the modified proposal. (Ord. 2472; Ord. 2118)

20F.30.55-060 Notice of City Council Public Hearing.

(1) Public notice of the date of the City Council public hearing at which the City Council will consider the application, if required, shall be published in a newspaper of general circulation. The public hearing shall be scheduled no sooner than 21 days following the date of publication of the notice. The notice of the City Council public hearing shall also include the notice of the availability of the Planning Commission’s or Code Rewrite Commission’s recommendation.

(2) The Administrator shall mail notice of the public hearing, the SEPA threshold determination and the availability of the recommendation to each person who submitted comments during the public comment period or at any time prior to the publication of the notice of the public hearing. (Ord. 2472; Ord. 2118)

20F.30.55-070 City Council Action.

(1) The Administrator shall transmit to the City Council a copy of the department file on the application, including all written comments received prior to the City Council hearing. The file shall also include information to verify that the requirements for notice to the public (Notice of Application, notice of SEPA threshold determination, and Notice of Public Hearing) have been met.

(2) The City Council shall consider at a public meeting each recommendation transmitted by the Planning Commission or Code Rewrite Commission. The Council may take one of the following actions:

(a) Adopt an ordinance or resolution adopting the recommendation, or adopt the recommendation with modifications; or

(b) Adopt a motion denying the proposal; or

(c) Refer the proposal back to the Planning Commission or Code Rewrite Commission for further proceedings, in which case the City Council shall specify the time within which the Planning Commission or Code Rewrite Commission shall report back to the City Council with a recommendation.

(3) If the City Council makes a modification which results in a proposal not reasonably foreseeable from the notice provided pursuant to RCDG 20F.30.55-030, the City Council shall conduct a new public hearing on the proposal as modified, prior to taking final action. (Ord. 2472; Ord. 2118)

20F.30.55-080 Appeal of City Council Action.

The action of the City Council on a Type VI proposal may be appealed together with any SEPA threshold determination by filing a petition with the Growth Management Hearings Board pursuant to the requirements set forth in RCW 36.70A.290. The petition must be filed within the 60-day time period set forth in RCW 36.70A.290(2). The appeal period shall commence upon expiration of the reconsideration period. (Ord. 2118)