of woodinville, wa report to the planning commission …

Study Session GMA 2011-2014 Work Program UpdateAgenda Item 9 (b)
CITY OF WOODINVILLE, WA
REPORT TO THE PLANNING COMMISSION 17301 133rd Avenue NE, Woodinville, WA 98072 WWW.CI.WOODINVILLE.WA.U5
To: Planning Commission Date: January 5, 2011
From: Hal H. Hart, Development Services Director ~ SUbject: Study Session: Planning Commission 2011-2014 Comprehensive Plan And
Development Regulation Work Program Update
ISSlIE: Shall the Planning Commission review and discuss the proposed mandated Growth Management updates to the City of Woodinville's Comprehensive Plan and Development Regulations?
RECOMMENDATION: That the Planning Commission review and discuss the proposed 2011 2014 Comprehensive Plan and Development Regulation Work Program Update Items
POLICY DECISION: The Planning Commission is adVisory to the City Council. The City Council has requested that each City board and commission prepare a work program for each year. In addition, the City is developing a multi-year (4) year strategy to update the City's Comprehensive Plan and implementing ordinances or Development Regulations consistent with Growth Management Act Mandates under RCW36.70A.
POLICY CONTEXT: The Planning Commission Comprehensive Plan and Development Regulation work program is a guide for Planning Commission and staff as to the activities and work for the four years. This work program signals to the public what the City's planning work will be as the ten year revision process moves ahead. Like the annual work program the Growth Management Update Work Program is also an evolving document, since the City Council may eliminate, modify, or add work elements throughout the year due to annual concerns, emerging issues or other more pressing priorities. An example of this would be the changes in the Capital Improvement Plan that occur mid year. At this time, these goals and the Council's 2011 Work Program have yet to be finalized but they will incorporate some of the basic data collection and background information updates necessary to complete the update of each of the comprehensive plan elements. For example using the available census data (available only after December 21, 2010) to better understand how the City has evolved over the past decade will help guide policies across each comprehensive planning element.
BACKGROUNDIDISCUSSION: Most of the work items fall into two primary categories for the Comprehensive Plan and Development Regulation Update: Council Goals for the Update and state & legal mandates (Growth Management Act requirements and case law) for the update.
The Annual Dockets between 2011 and 2014 will tie into the updating process. Public Outreach efforts are both on-going and tied to specific work items that appear on the Planning Commission Work Plan each year, as well as laid out in the attached documents for this item.
The Growth Management Act (GMA) requires cities to update their comprehensive plans and development regulations by 2014. Because of the complexity and the amount of time involved, work on our Comprehensive Plan is scheduled to start in 2011 and continue well into 2014. Following the update of the Comprehensive Plan, work will begin on the Zoning Code and other development regulations. This work is scheduled to be completed in 2014.
1:\CounCII, Boards & Commissions\Planning Commission\SlaIfRc:porn\2011\O]"()5\GMA Comprehensive: Plan and Dc\'c:1opmclIl Reg Work Plan Discussion Upd.'uc ZOII·20I.f.DOC
Consultation with the Washington State Commerce Department's Growth Management Office has indicated that grants will not likely be available in 2011 as they have been in the past to do much of this work due to significant cuts in the Washington state budget.
One area to explore will be to monitor the Puget Sound Action Agenda. This effort includes monies for cities and counties who are concentrating urban development in urban centers. These monies may assist cities who are working to enhance key urban sprawl, environmental protection, restoration goals simultaneously with concentrating urban population growth in more efficient ways.
The proposed Four Year Work Program for the Comprehensive Plan and Development Regulation Update would be occurring simultaneously with potential work master plans and other work items scheduled that are scheduled annually.
FACTS AND FINDINGS:
1. The City Council has requested a Planning Commission Growth Management Comprehensive Plan and Development Regulation Update general work program be submitted for consideration and approval by the City Council.
2. The City Council may eliminate, modify, or add work elements to the work program throughout the coming years (2011 - 2014).
3. When adopted by Council, the Planning Commission Comprehensive Plan and Development Regulation Update work program will be used as a mechanism to track progress throughout the next four years.
ANALYSIS: The four year Comprehensive Plan and Development Regulations work program is intended to provide clear direction to the Planning Commission and staff regarding work items and expectations over the four year planning period between 2011 and 2014. It also serves to communicate to Council, the Planning Commission, state agencies and others, what the City of Woodinville's emphasis will be throughout the next four years. This should also provide the public, Council, Planning Commission and staff a mechanism to track progress of work items over time.
The work program not only helps to measure progress, but will assist the Planning Commission and staff to remain focused on the highest priorities that need to be accomplished in the coming years. As indicated above, the Commission's Growth Management Update Work Program is subject to Council's periodic modification when changes to established goals and priorities become necessary. In any case, the work program presented constitutes a significant long term workload for the Planning Commission, Council and staff and, if additional items are added, other items will need to be delayed or removed from the Growth Management work program or from the annual work program, depending on Council priorities, available funding, or available staff time.
ALTERNATIVES: 1. Review and discuss the proposed updates to the Planning Commission 2011 - 2014
Comprehensive Plan and Development Regulation Work Program.
2. Delay consideration of the work program (no action).
RECOMMENDATED ACTION: Review and discuss proposed updates to the Planning Commission 2011 - 2014 Comprehensive Plan and Development Regulation Work Program as presented in Attachment A.
I:\CoUllcil. Boards & Commissions\Planning CommiSSIOII\Swff Rcports\2011\O 1~)5\GMA Comprehensive Plan and Dcvelopmenl Reg Work Plan Discussion Updale 20 Il·2014.DOC
ATTACHMENTS A - Work Program and Timeline for 2011-2014 Comprehensive Plan & Development Regulations Update B - Keeping Your Comprehensive Plan and Development Regulations Current, Department of Commerce C - RCW 36.70A.140, Ensure Public Participation D - WAC 365-196-600, Public Participation
1:\Council. Boards & Commi!>Slons\Planning CommisslOn\SlafT Rcpons\211 11\0 I..()S\GMA Comprehensive Plan and Development Reg Work Plan Discussion Updillc 201 1·20)4.DOC
Attachment A
PLANNING COMMISSION DISCUSSION DRAFT 2011-201410 YEAR WORK PLAN UPDATE PROCESS
WORK PLAN ITEMS 2011 2012 2013 2014 Projected Work Flow and Specific Comprehensive Plan Elements/Development
Technical Appendices
Development Regulation Updates
Update Comprehensive Plan Elements Environmental Review On Going On Going On Going On Going Transportation Element XXXXXXX XXXXXXXX Capital and Public Facilities Element
XXXXXXX XXXXXXXX
Land Use Element XXXXXXX XXXXXXXX Housing Element XXXXXXX XXXXXXXX Human Services Element
XXXXXXXX XXXXXXXX
XXXXXXXX XXXXXXXX
XXXXXXX X
XXXXXXX
1:\CoUllcii. Boards &. Commissions\Planmng Commlsslon\StaITRcpons\2011\Oj-()S\GMA Comprehensive Plan and Development Reg Work Plan Discussion Upd.:uc 2011·2014.DOC
ATTACHMENTB
· Department of Commerce . . Innovation is in our nature.O Keeping Your Comprehensive Plan and
Development Regulations Current
under the Growth Management Act
Prepared by the Washington State Department of Commerce Local Government Division
Growth Management Services April 2010
Acronyms and terms used in this guide
CAO - Critical Areas Ordinance
CARL - Critical Areas and Resource Lands
Commerce - Washington State Department of Commerce (previously named the Department of Community, Trade and Economic Development or CTED prior to July 2009)
Comprehensive plan - land use document that provides the framework and policy direction to manage where and how growth needs are met. Plan elements address land use, housing, capital facilities, utilities, rural/natural resources, transportation, economic development, environment, cultural resources, and other topics.
Development regulations - controls placed on development or land use activities by a county or city, such as codes for zoning, critical areas, planned unit developments, and subdivisions.
GMA - Growth Management Act, Chapter 36.70A, RCW
GMS - Growth Management Services, a unit in the Department of Commerce, Local Government Division that helps counties and cities implement the GMA.
OFM - Washington State Office of Financial Management
Periodic update - A regularly scheduled review and update of county and city comprehensive plans and development regulations. For most communities, the update takes place every seven years under a schedule established by the Legislature in the GMA. This is sometimes referred to as a "seven-year update" because most jurisdictions need to update every seven years.
RCW - Revised Code of Washington (laws adopted by the state Legislature)
SMA - Shoreline Management Act
SMP - Shoreline Master Program
UGA - Urban Growth Area
WAC - Washington Administrative Code (rules adopted by state agencies)
1 I Keeping Your Comprehensive Plan & Development Regulations Current: A Guide to the Periodic Update Process
Table of Contents
I. Introduction 3
When is the update due? 4
Maya jurisdiction complete the update early? 5
II. The review and update process 6
1. Establish a public participation program 6
2. Review and revise comprehensive plans and development regulations 7
3. Take legislative action 12
4. Submit notice to state agencies 12
III. Missed deadlines and appeals 13
IV. Grants for periodic updates 14
V. Appendices 15
I. Introduction The comprehensive plan is the centerpiece of local planning in Washington State. Like business plans, comprehensive plans provide the framework for how our communities will grow. And like business plans, they must evolve over time to be effective.
Many communities amend their comprehensive plan annually and regularly adopt changes to the development regulations that implement them. In addition to these regular amendments, the state Growth Management Act (GMA) requires counties and cities to periodically conduct a thorough review of their plan and regulations to bring them up to date with any relevant changes in the GMA and to respond to changes in land use and population growth. 1
This mandatory "periodic update" takes place for most communities at least once every seven years, though smaller, slower-growing communities may take longer.
This guide explains when and how to go through the necessary steps in the periodic update process. The level of effort and timing of the update steps will vary depending on how recently your community has comprehensively updated its plan, the size of your community, and other factors.
This guide is intended as a user-friendly supplement to the GMA statutes and administrative rules that describe procedures that must be followed and substantive issues that must be addressed. This guide may not be able to answer all your questions about the periodic update - the Washington Department of Commerce, Growth Management Services program may be able to help. Please see Appendix A for contact information or call (360) 725-3000.
Why we plan
"...all ofus know that quality oflife is notguaranteed. We maintain it through the hard work ofour citizens, our businesses, and our state and local-elected officials who make the tough decisions every day to ensure that we have a healthy, natural environment, a strong, sustainable economy, competitive, high-performing schools, and safe and high-quality communities for all ofus to enjoy.
All of this makes Washington competitive in the global economy. And ifwe eliminate even one of these regional values, we diminish ourselves and our communities.
Comprehensive plans give expression to the values and priorities ofour communities. These plans provide a 20-to-SO-year vision-a roadmap for how our communities want to look and to function. For rural towns, it may be to preserve and sustain their agricultural heritage,for another, prioritizing downtown redevelopment. It all adds up to a shared vision, tough decisions, and partnerships."
- Governor Chris Gregoire, announcing Smart Communities Awards, 2007
1 The GMA is codified under RCW 36.70A. The "periodic update" requirements are found in RCW 36.70A.130
3 I Keeping Your Comprehensive Pion & Development Regulotions Current: A Guide to the Periodic Updote Process
Who must complete the periodic update? Every county and city in the state is required to conduct a periodic update, though the obligation varies depending on whether the jurisdiction is fully or partially planning2 (see sidebar).
Fully planning counties and cities must complete the periodic update for their entire comprehensive plan and development regulations.
Partially planning counties are required to periodically update their critical areas ordinance and resource lands provisions. Partially planning cities usually have no designated resource lands, so their periodic update is usually limited to their critical areas ordinance.
When is the update due? Under the GMA, the Legislature established a schedule for when the periodic update is required to be complete. 3 The map below reflects new deadlines adopted by the 2010 legislature.4 Except for certain small, slow-growing communities, each county and its cities must complete the periodic update by December 1 of the years shown in Figure 1, and every seven years after that.
GMA Update Schedule: RCW 36.70A.130(4)
o ~~!v~rc~I~~~~r~~l~?mmerce
..9kan01l.n
2017 GM5/GI5: M.ceh 2010
Figure 1: GMA Update Deadlines as amended in 2010 (see below for small and slow-growing jurisdictions)
2 Statute describing fully planning: RCW 36.70A.040(1); Statute describing "opting in": 3 RCW 36.70A.130(S)
"Fully" or "partlally" planning"
"Fully planning" means that a city or county must meet all GMA requirements, including adoption ofa comprehensive plan and a complete set ofdevelopment regulations implementing the plan. Only the state's fastest growing counties and cities are required to plan fully, though a number of counties have "opted-in" by choice.
"Partially planning" jurisdictions are the counties - and the cities within their boundaries that do not meet GMA population andgrowth rate thresholds and have not chosen to fully plan under the Act. Partially planning counties are required to designate and protect critical areas and designate resource lands (CARL). Partially planning cities must designate and protect critical areas, and may designate mineral resource lands. Currently there are ten partially planning counties: Adams, Asotin, Cowlitz, Grays Harbor, Klickitat, Lincoln, Okanogan, Skamania, Wahkiakum, and Whitman Counties.
RCW 36.70A.040(2l
4 See SSB 6611. Deadlines were extended by three years because state grants were unavailable.
December 1, 2014, but it completes its update in 2012, then it would still not be subject to another update until 2021.
5 RCW 36.70A.130(6)(b) 6 RCW 36.70A.130(6)(d)
7 RCW 36.70A.130(6)(a)
In 2006 the legislature had approved a three-year extension for certain smaller, slower-growing jurisdictions with original update deadlines of 2005, 2006, and 2007 (see sidebar for criteria). 5 The 2010 legislature has provided an additional three years for smaller, slow-growing jurisdictions that had an original deadline of December 1, 2007 (see sidebar and map below). 6 These jurisdictions received extra time because state grants were not available.
Gray~ Harbor "
Figure 2: Smaller, slow-growing jurisdictions with GMA update deadline of December 1, 2013 (extended from an original deadline of 2007).
Maya jurisdiction complete the update early? A jurisdiction may complete the periodic update process before its deadline. 7 The deadline for its next periodic update would still remain seven years from the original deadline established in the GMA. For example, if a jurisdiction has an update deadline of
What is a small or slow growing jurisdiction (5B 6427)7
A county with a population ofno more than 50,000 and a growth rate ofless than 17%.
A city with a population of less than 5,000, and either a growth rate ofno more than 17% or a total population growth ofless than 100 persons.
Growth rates are measured using the ten-year period preceding the regular due date.
See RCW 36. 7oA.130(6)(b) & (c)
Which small or slow growing jurisdictions are eligible for a second 3-year extension (5B 6611)7
Jurisdictions that had an original deadline ofDecember 1, 2007 and met the criteria for the first three-year extension (deadline ofDecember 1,2010) now have an additional three year extension to December 1, 2013.
See RCW 36.70A.130(6) (d):
II. The review and update process There are four overall tasks counties and cities must take during the periodic update process. Tips for completing each of these tasks are included in the following sections.
1. Establish a public 2. Review relevant 3. Take legislative 4. Submit notice to participation plans and action. state program regulations
Develop a plan that includes a schedule for steps in the update process to ensure the public is awa re of the process and knows how they can participate.
Evaluate whether there is a need to revise the comprehensive plan and development regulations to ensure they are consistent with the GMA.
Adopt an ordinance
or resolution finding
prior to taking
legislative action, and
action.
Before undertaking the update it is helpful for county or city staff to establish a work program that outlines the entire periodic update process. See sample work program in Appendix B.
1. Establish a public participation program Counties and cities are required to establish a program that identifies procedures and schedules for the public to participate in the periodic update. 8 The program must provide for early and continuous public participation. 9 The program should clearly identify the scope of the review and identify when legislative action on the review and update component are proposed to occur. Counties and cities must ensure that notice of the update process is broadly and effectively disseminated.1o See Appendix C for examples of public participation programs.
The best way for a county or city to complete this requirement is to publish a complete public participation program or schedule at the beginning of the update process. However, it is not required that a county or city establish the entire schedule at the beginning of the process, as long as a program is established and effective notice is provided for all update steps.
Local jurisdictions may want to formally adopt the public participation program by resolution or ordinance to formalize the update process and help to meet the GMA requirements for early and continuous public involvement. See sample ordinances in Appendix C.
A public participation plan can be adjusted over time if needed. The GMA prOVides that "errors in exact compliance with the established program and procedures shall not render the
8 RCW 36.70A.130(2)(a)
9 RCW 36.70A.140 10 RCW 36.70A.035
comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed."ll
2. Review and revise comprehensive plans and development regulations The Department of Commerce periodic update checklists should be the foundation of your review. These checklists (one for cities, one for counties) provide a concise summary of the GMA requirements. See Appendix D. GMA periodic update:
Filling out the checklists will help compare your local plan Fully planning: and regulations against the latest requirements,
"Each comprehensive land use plandetermine what needs to be reviewed in greater detail, and development regulations shall be
and what may need to be added, deleted, and amended in subject to continuing review and
plans and codes to maintain compliance with the act. 12 evaluation by the county or city that adopted them. [A] county or city shall Commerce strongly recommends use of the checklists in take legislative action to review and,designing your work program to complete the periodic ifneeded, revise its comprehensive
update. land use plan and development
Counties and cities may elect to adopt an ordinance or regulations to ensure the plan and regulations comply with [GMA]resolution after reviewing and analyzing what will be requirements."updated and determining the scope of changes needed.
This is a formal way to let the public know early "what is Partially planning: on the table" as part of the update. It also may help to
[A] county or city not [fully-planning limit appeals. If there are no challenges to the scope of under GMA ]shall take action to
revisions within 60 days after the legislative action, review and, ifneeded, revise its challenges to the jurisdiction's final ordinance will be policies and development regulations limited to the subjects defined in the ordinance. See regarding critical areas and sample legislative actions establishing the scope of an natural resource lands ... to ensure update in Appendix C. these policies and regulations
comply with [GMA] requirements .... " The statute does not exempt any portion of a
- RCW 36.70A.130(l)(a & b)comprehensive plan or any development regulations from being subject to review and evaluation. However, local governments may use common-sense factors in determining the level of review, taking into account when the plan and regulations were adopted and whether and how the GMA has been amended in the intervening time.
11 RCW 36.70A.140
12 Commerce encourages local governments to complete a checklist as part of the application to receive periodic update funds from GMS (funds are not currently available). The checklist can also be used at the very end of the update process to document what changes are proposed for adoption.
Mandatory items to review and revise (if needed)
The GMA calls out a number of specific items that must be reviewed as part of the periodic update.
Amendments to the GMA The primary purpose of the periodic update is to ensure local plans and regulations comply with all current requirements. Although the basic structure of the GMA has remained intact over the years, the state legislature has amended it frequently. The checklists highlight all requirements and indicate when the changes were adopted. In addition to the checklists, Commerce has prepared a summary of these amendments by year to help you zero in on what needs to be amended, based on when your plans and regulations were last amended. See Appendix E.
Partially planning jurisdictions only need to review and evaluate their policies and development regulations governing critical areas and natural resource lands. Fully planning jurisdictions will need to conduct a review and evaluation of all comprehensive plan provisions and development regulations.
Critical areas ordinances One of the initial requirements of the GMA was to designate and protect critical areas. The GMA requires all counties and cities to review and evaluate these critical areas ordinances during the periodic update. 13 The GMA requires that "best available science" (BAS) be included in developing regulations to protect critical area functions and values. Meeting the BAS requirement was challenging for many jurisdictions in the initial round of periodic updates. The Department of Commerce and other state agencies, including the departments of Ecology and Fish and Wildlife, have published guidance for local communities on how to identify what constitutes BAS for critical areas protection and how local governments can include science in their policies and development regulations. These include model ordinances and lists of recommended habitats and species for protection. Counties and cities should consult these state agency recommendations for possible changes since their last periodic update. See Appendix F. In addition, they should include any other scientific information that may apply directly to their jurisdiction.
Until counties and cities have completed a comprehensive shoreline master program (SMP) update, uses or structures legally located within shoreline areas that were established or vested before the effective date of the CAO may continue as conforming uses. Cities and counties may authorize redevelopment or modification of these existing uses or structures provided they are consistent with the local SMP and will achieve no net loss of ecological functions. 14
Mineral resource lands designations and development regulations Another significant requirement of the initial GMA was for all counties and cities to designate mineral lands that are not already characterized by urban growth and that have long-term
13 RCW 36.70A.130(1)(c), RCW 36.70A.172(ll 14 RCW 36.70A.480(3)(c), as amended by the 2010 legislature. Under RCW 90.58.030, a "comprehensive SMP update" is defined as one that fully achieves requirements of Ecology's SMP guidelines (WAC 173-26).
significance for the extraction of minerals. Fully planning jurisdictions were also required to adopt Multi-County Planning Policies regulations that conserve these lands. 15 The GMA in Central Puget Sound requires that all jurisdictions review these mineral
The Puget Sound Regional Council resource lands designations and requires fully f.ESE.Cladopted new multi-county
planning jurisdictions to review their regulations. planning policies (MPPs) in 2008 as Counties and cities "shall take into consideration: (1) part 01Vision 2040. These policies
New information made available since the adoption apply to King, Kitsap, Pierce, and Snohomish counties and the cities or last review of its designations or development within them.
regulations, including data available from the To implement the MPPs, theseDepartment of Natural Resources relating to mineral counties are amending their county
resource deposits; and (2) New or modified model wide planning policies (CWPPs) by
development regulations for mineral resource lands December 20lO.Jurisdictions in prepared by the Department of Natural Resources, those counties must ensure their
comprehensive plans are consistent the Department of [Commerce], or the Washington with both the MPPs and CWPPs.State Association of Counties.,,16 See Appendix G.
UGAs and population projections Urban growth areas (UGAs), which by definition include all cities, must allow development densities sufficient to accommodate the next twenty years of projected population and employment growth. If zoning regulations don't authorize the densities to accommodate this growth, jurisdictions need to increase allowed densities, expand the size of the UGA, or both.
All fully planning counties, in conjunction with cities, must review UGAs at least every ten years. 17 The GMA notes that this "ten-year" review may be combined with the periodic update, although it does not require it. 18 Unlike the periodic update, which has a specific deadline for each jurisdiction in statute, the ten-year period starts from the last UGA review action, so the date varies considerably among jurisdictions.
Even if a jurisdiction doesn't combine its periodic ("seven-year") update with its ten-year UGA 19update, the GMA calls for at least a review of the most recent population projections. This
review will help jurisdictions see if they are on track with growth projections from the last update and help determine if adjustments are needed. For example, if growth has occurred much faster than anticipated, it may suggest changes are needed to the Housing or Capital Facility elements.
The GMA requires that jurisdictions use population projections from the Washington State Office of Financial Management (OFM). These projections are developed every five years. 20
15 RCW 36.70A.170; RCW 36.70A.040 and 36.70A.060 16 RCW 36.70A.131
17 RCW 36.70A.130(3)(a) 18 RCW 36.70A.130(l)(c) 19 RCW 36.70A.130(lHC) 20 RCW 43.62.035
The most recent twenty-year population forecast from OFM was issued in 2007;21 the next one will be issued in 2012.
Any changes to UGAs must be consistent with adopted "County-Wide Planning Policies." The policies, adopted by counties, set the general framework for coordinated land use planning between the county and its cities to ensure respective comprehensive plans are consistent with each other. Although it is not required, counties and cities may want to review these policies as part of their periodic update, especially if they combine it with their ten-year UGA update.
Recommended items to review and revise (if needed) Counties and cities should consider addressing the following in their periodic update.
Land use element The Land Use Element describes the "big picture" of how a community chooses to balance the goals of the GMA. Key components of the land use plan are maps showing the future shape of the community and how its essential components will be distributed. Resource lands, critical areas, open space corridors, residential, commercial, industrial, and major public and private facilities should all be addressed. Because the Land Use Element is tied to other elements in the comprehensive plan, many periodic updates include amendments to the Land Use Element. Recent amendments to the GMA now require communities to consider urban planning approaches that promote physical activity as part of the land use element wherever possible. 22
Capital facilities and transportation elements When a community is planning for population increases, this usually triggers the need for more infrastructure, such as roads, sewer and water facilities. Changes in anticipated circumstances and needs may be addressed by updating the Transportation Element and six-year Capital Facilities Element. 23 This task requires that planning departments collaborate closely with public works staff or other service providers. Note that if as part of your evaluation you determine that funds will fall short for needed capital facilities, your community may need to consider changes to the Land Use Element.
Internal and external consistency Whenever a plan is being amended it is important to verify that it is "internally consistent" (e.g., that the Land Use and Transportation elements support each other) and that the development regulations are consistent with and implement the comprehensive plan. 24 Also verify that the comprehensive plan is "externally consistent," as changes to comprehensive plans and development regulations in adjacent jurisdictions, special purpose districts, or state plans may create an inconsistency with the county or city's comprehensive plan or development regulations.
21 http://www.ofm.wa.gov/pop/gma/default.asp 22 RCW 36.70A.070(1) 23 RCW 36.70A.070(3}
24 The GMA requires this consistency in RCWs 36.70A.040(4} and 36.70A.070
Inventories Counties and cities should review existing inventories and analyze new inventory data that supports the
Legislative action: comprehensive plan. The GMA specifically requires the following: "Legislative action means the
adoption ofa resolution or Housing: Inventory and analyze existing and projected ordinance following notice housing needs, identifying the number of housing units and a public hearing necessary to manage project growth. 25 indicating at a minimum, a
Capital Facilities: Inventory existing capital facilities owned finding that a review and by public entities, showing the locations and capacities of evaluation has occurred and the capital facilities, and forecast future needs and identifying the revisions proposed locations and capacities of expanded or new made, or that a revision was facilities. 26 not needed and the reasons
therefore. II Transportation: An inventory of air, water and ground transportation facilities and services, including transit - RCW36.70A.130(1)(b) alignments and general aviation airport facilities, to define existing capital facilities and travel levels and a basis for future planning. This inventory must include state -owned transportation facilities within the city or county boundaries. 27
Jurisdictions should also review basic assumptions underlying key calculations and conclusions in the existing comprehensive plan. If recent data demonstrates that existing assumptions are no longer appropriate for the remainder of the twenty -year plan, counties and cities should consider updating them as part of the periodic update, or the ten -yearUGA update. Counties and cities required to establish a review and evaluation program under the "buildable lands program" should use that information in the periodic update. 28 The GMA now requires Transportation Elements to include a pedestrian and bicycle component. Jurisdictions may also consider including multimodal transportation strategies concurrent with development. See Appendix I.
Other considerations In determining the scope of review, counties and cities should incorporate any relevant ruling from a court of law or growth management hearings board, or a finding of noncompliance with the GMA into its analysis. Jurisdictions should also consider any comment letters from Commerce or other state agencies, as well as comments from the public, regarding consistency of a jurisdiction's plan and development regulations with the GIVIA.
25 RCW 36,70A,070(2) 26 RCW 36,70A,070(3) 27 RCW 36,70A,070(6) 28 RCW 36.70A.215
3. Take legislative action "Legislative action" under the GMA means adoption of a resolution or ordinance by elected officials (city or county council/commission) indicating that the community has reviewed and evaluated the comprehensive plan and regulations and identifying the revisions made. Counties and cities must provide adequate notice and hold a public hearing before taking action.
A county or city may combine the periodic update with their regular (e.g., annual) program for amendments to their plan, since the GMA generally prohibits comprehensive plan amendments more frequently than once per year. 29
The final legislative action will be to adopt any revisions to the comprehensive plan and/or development regulations, and conclude that the periodic update is complete. The ordinance or resolution must be explicitly approved by the local government's legislative body as having been completed in accordance with GMA update reqUirements (citing specifically to RCW 36.70A.130), both to comply with the statute and to set time and subject matter limits for possible challenges. The resolution or ordinance should include findings that refer to any previous legislative actions that were part of the periodic update (e.g., resolutions adopting a public participation plan), and a finding that the jurisdiction has completed its periodic update requirement under the GMA.
If a city or county finds that it completely meets all GMA requirements and no amendments to the comprehensive plan or development regulations are needed, it must still take legislative action adopting findings to that effect. See sample final legislative actions in Appendix C.
Phasing legislative action If a jurisdiction has significant amendments to their plans and regulations, it may be necessary to complete the amendments in several phases, perhaps over more than one year. In some cases, each of these amendments will be adopted through a separate ordinance or resolution by the jurisdiction's legislative body. If this process is used, a public hearing should be conducted on each ordinance or resolution. It should be clearly identified in the public hearing notice and in the findings of each ordinance or resolution that the amendments are part of the periodic update process. Commerce recommends that the final legislative action taken upon completion of the entire periodic update process clearly references all previously adopted amendments, and includes a finding that, taken all together, these actions fulfill the requirements of the periodic update.
4. Submit notice to state agencies
Send l\Iotice of Intent to Adopt (at least 60 days before adoption)
Under the GMA, cities and counties must notify Commerce of its "intent to adopt" plan or regulations at least sixty (60) days prior to final adoption. 3o This step is often referred to as "60
29 RCW 36.70A.130(2)(a) 30 RCW 36.70A.106(1)
day notice.,,31 Commerce adds all submitted notices and materials to a database that all reviewing state agencies can access. Agencies may provide comments to the city or county on the proposed changes during the public review process prior to adoption.
Send final plans and development regulations (10 days after adoption)
Cities and counties must submit a complete and accurate copy of its comprehensive plan or development regulations adopted under the GMA to Commerce within ten days after final adoption. 32 A copy of the adopting resolution or ordinance should be included, as well as indication of when the notice of adoption was published.
This is an important step as it not only finalizes the periodic update, but it also allows Commerce to update our database to signify that a specific jurisdiction has completed the periodic update. Commerce relies on this database when asked to verify that a jurisdiction is in compliance with the GMA.
How to submit plans and regulations
Submitting GMA materials to the state is as easy as sending one e-mail with a cover sheet and relevant documents to [email protected]. Directions are on the Commerce Website. While electronic submittal is preferred, you may send materials by mail, either on a compact disc or paper, addressed to the Washington State Department of Commerce, Growth
3rdlVIanagement Services Review Team, PO Box 42525, 906 Columbia Street SW - Floor, Olympia, WA 98504-2525.
III. Missed deadlines and appeals Missing the periodic update deadline has immediate financial consequences. A county or city that has not completed the basic actions described above by the deadline set in the GMA will be ineligible to receive funds from the Public Works Trust Fund 33 or the Centennial Clean Water
4 accoune or to receive preference for other state grants and loans. 35
Ajurisdiction that has missed an update deadline is also vulnerable to a "failure to act" petition for review to a Growth Management Hearings Board (or for partially-planning jurisdictions, to Superior Court).
If a local government has made significant progress on its update, but hasn't finished all needed revisions by their periodic update deadline, it would be prudent to take steps to demonstrate good faith and progress. Local jurisdictions may adopt a resolution that documents progress already made and sets a schedule for completing the update. See Appendix C for an example. While this will not relieve a local government of its update requirements, or make a local
31 Some cities and counties combine this notice with their notice of determination required under the State Environmental Policy Act 32 RCW 36.70A.106(2l 33 RCW 43.155.070 34 RCW 70.146.070 35 RCW 36.70A.130(7l
government eligible for state grants and loans, it may prevent a "failure-to-act" challenge, provided the update is completed under the new schedule.
Appeals of an adopted update ordinance or resolution
Any person or organization with legal standing can appeal a resolution or ordinance adopted during the periodic update process. Challenges to actions taken by fully-planning jurisdictions must be filed with the Growth Management Hearings Boards within sixty days of publication of final adoption. Challenges to actions taken by partially-planning jurisdictions are filed in Superior Court.
A legal challenge could potentially be filed on any legislative action taken to complete the update. However, a jurisdiction can reduce its risk of appeal by completing each of the basic actions described above and taking legislative action that clearly documents the process followed for each action, as well as the findings and conclusions of each action.
IV. Grants for periodic updates One reason for the three-year periodic update extension is because there are currently no state planning grants available for GMA periodic update work.
The Department of Commerce administers a grant program for counties and cities with upcoming periodic update deadlines. The grant can be used to cover most activities related to updating comprehensive plans and development regulations, such as staff time, consultant contracts, and the cost of providing public notice, printing, and copying.
A set grant amount is typically reserved for each jurisdiction, when state funding allows, based on population and the level of required GMA responsibilities. If funding is approved by the Legislature, grants generally become available 18-24 months prior to each jurisdiction's periodic update deadline.
v. Appendices
A. GMS Planner Map with assignments Laws, rules, legal decisions
B. Update "Work Program" The Growth Management Act and related statutes
C. Example Resolutions/Ordinances Growth Management Act rules
Public Participation Growth Management Hearings
Scope of Periodic Update Work Program Boards
Final "legislative action" adoption completing update
Update work not complete, set schedule for completion
D. Checklists
E. Changes to GMA
F. Critical Areas
Critical Areas Review for Best Available Science (BAS)
State Agency Resources for local Governments Updating Critical Areas Ordinances
G. Resource Lands
H. Good Examples
I. Other Planning Guidance and Resources
Department of Commerce GMS Publications list by Topics
WSDOT Minimum Requirements and Resources
Municipal Research Services Center planning website
15 I Keeping Your Comprehensive Pion & Development Regulotions Current: A Guide to the Periodic Update Process
Page 1 of 1
AITACHMENT CRCW 36.70A.140 Comprehensive plans -- Ensure public participation.
Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. In enacting legislation in response to the board's decision pursuant to RCW 36.70A.300 declaring part or all ofa comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate and effective under the circumstances presented by the board's order. Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.
[1995 c 347 § 107; 1990 1st ex.s. c 17 § 14.]
NOTES:
Finding -- Severability -- Part headings and table of contents not law -- 1995 c 347: See notes following RCW 36.70A.470.
http://www.mrsc.org/mc/rcw/RCW%20%2036%20%20TITLE/RCW%20... 1212312010
Page 1 of6
AITACHMENTD WAC 365-196-600 Public participation. (1) Requirements.
(a) Each county and city planning under the act must establish procedures for early and continuous public participation in the development and amendment of comprehensive plans and development regulations. The procedures are not required to be reestablished for each set of amendments.
(b) The procedures must provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments.
(c) Errors in exact compliance with the established procedures do not render the comprehensive plan or development regulations invalid if the spirit of the procedures is observed.
(2) Record of process.
(a) Whenever a provision of the comprehensive plan or development regulation is based on factual data, a clear reference to its source should be made part of the adoption record.
(b) The record should show how the public participation requirement was met.
(c) All public hearings should be recorded.
(3) Recommendations for meeting public participation requirements. These recommendations are a list of suggestions for meeting the public participation requirement.
(a) Designing the public participation program.
(i) Implementation of the act requires a series of interrelated steps, including: Development of the initial comprehensive plan, evaluating amendments as part of the docket cycle, conducting the seven-year periodic update and reviewing the urban growth boundaries, amending development regulations, and conducting subarea planning. Each of these has different levels of significance and different procedural requirements.
(ii) Counties and cities are not required to establish individual public participation programs for each individual amendment. Counties and cities may wish to consider establishing a public program for annual amendments, and establishing separate or updated programs for major periodic updates. When developing a public participation plan for a project not covered by the existing public participation plan, a county or city should develop a public participation plan tailored to the type of action under
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLE/WAC%20365... 12/23/2010
Page 2 of6
consideration. This public participation plan should be focused on the type of public involvement appropriate for that type of action.
(iii) The public participation plan should identify which procedural requirements apply for the type of action under consideration and how the county or city intends to meet those requirements.
(iv) To avoid duplication of effort, counties and cities should integrate public involvement required by the State Environmental Policy Act, chapter 43.21 C RCW, and rules adopted thereunder, into the overall public participation plan.
(v) Where a proposed amendment involves shorelines of the state, a county or city should integrate the public participation requirements of the Shoreline Management Act, chapter 90.58 RCW, into its public participation plan, as appropriate.
(vi) Once established, the public participation plan must be broadly disseminated.
(b) Visioning. When developing a new comprehensive plan or a significant update to an existing comprehensive plan, counties and cities should consider using a visioning process. The public should be involved, because the purpose of a visioning process is to gain public input on the desired features of the community. The comprehensive plan can then be designed to achieve these features.
(c) Planning commission. The public participation program should clearly describe the role of the planning commission, ensuring consistency with requirements of chapter 36.70, 35.63, or 35A.63 RCW.
(4) Each county or city should try to involve a broad cross-section of the community, so groups not previously involved in planning become involved.
(5) Counties and cities should take a broad view of public participation. The act contains no requirements or qualifications that an individual must meet in order to participate in the public process. If an individual or organization chooses to participate, it is an interested party for purposes of public participation.
(6) Providing adequate notice.
(a) Counties and cities are encouraged to consider a variety of opportunities to adequately communicate with the public. These methods of notification may include, but are not limited to, traditional forms of mailed notices, published announcements, electronic mail, and internet web sites to distribute informational brochures, meeting times, project timelines, and design and map proposals to provide an opportunity for the public to participate.
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLEIWAC%20365... 12/23/2010
Page 3 of6
(b) Counties and cities must provide effective notice. In order to be effective, notice must be designed to accomplish the following:
(i) Notice must be timely, reasonably available and reasonably likely to reach interested persons. Notice of all events where public input is sought should be broadly disseminated at least one week in advance of any public hearing. Newspaper or on-line articles do not substitute for the requirement that jurisdictions publish the action taken. When appropriate, notices should announce the availability of relevant draft documents and how they may be obtained.
(ii) Broad dissemination means that a county or city has made the documents widely available and provided information on how to access the available documents and how to provide comments. Examples ofmethods of broad dissemination may include:
(A) Posting electronic copies of draft documents on the county and city official web site;
(B) Providing copies to local libraries;
(C) Providing copies as appropriate to other affected counties and cities, state and federal agencies;
(D) Providing notice to local newspapers; and
(E) Maintaining a list of individuals who have expressed an interest and providing them with notice when new materials are available.
(iii) Certain proposals may also require particularized notice to specific individuals if required by statute or adopted local policy.
(iv) The public notice must clearly specify the nature of the proposal under consideration and how the public may participate. Whenever public input is sought on proposals and alternatives, the relevant drafts should be available. The county or city must make available copies of the proposal that will be available prior to the public hearing so participants can comment appropriately. The notice should specify the range of alternatives considered or scope of alternatives available for public comment in accordance with RCW 36.70A.035 (2)(b)(i) and (ii).
(7) Receiving public comment.
(a) Public meetings on draft comprehensive plans. Once a comprehensive plan amendment or other proposal is completed in draft form, or as parts of it are drafted, the county or city may consider holding a series of public meetings or workshops at various locations throughout the jurisdiction to obtain public comments and suggestions.
http://www.mrsc.org/mc/waclWAC%20365%20%20TITLEIWAC%20365... 12/23/2010
Page 4 of6
(b) Public hearings. When the final draft of the comprehensive plan is completed, at least one public hearing should be held prior to the presentation of the final draft to the county or city legislative authority adopting it.
(c) Written comment. At each stage of the process when public input is sought, opportunity should be provided to make written comment.
(d) Attendance for all meetings and hearings to which the public is invited should be free and open. At hearings all persons desiring to speak should be allowed to do so. A county or city may establish a reasonable time limitation on spoken presentations during meetings or public hearings, particularly if written comments are allowed.
(8) Continuous public involvement.
(a) Consideration of and response to public comments. All public comments should be reviewed. Adequate time should be provided between the public hearing and the date of adoption for all or any part of the comprehensive plan to evaluate and respond to public comments. The county or city should provide a written summary of all public comments with a specific response and explanation for any subsequent action taken based on the public comments. This written summary should be included in the record of adoption for the plan.
(b) Ending the opportunity for comment prior to deliberation. After the end of public comment, the local government legislative body may hold additional meetings to deliberate on the information obtained in the public hearing.
(c) Additional meetings may be necessary if the public hearings provided the county or city with new evidence or information they wish to consider. Ifduring deliberation, the county or city legislative body identifies new information for consideration after the record of adoption has been closed, then it must provide further opportunity for public comment so this information can be included in the record.
(9) Considering changes to an amendment after the opportunity for public review has closed.
(a) If the county or city legislative body considers a change to an amendment, and the opportunity for public review and comment has already closed, then the county or city must provide an opportunity for the public to review and comment on the proposed change before the legislative body takes action.
(b) The county or city may limit the opportunity for public comment to only the proposed change to the amendment.
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLE/WAC%20365... 12/23/2010
Page 5 of6
(c) Although counties and cities are required to provide an opportunity for public comment, alternatives to a scheduled public hearing may suffice. Adequate notice must be provided indicating how the public may obtain information and offer comments.
(d) A county or city is not required to provide an additional opportunity for public comment under (a) of this subsection if one of the following exceptions applies (see RCW 36.70A.035 (2)(a)):
(i) An environmental impact statement has been prepared under chapter 43.2lC RCW, and the proposal falls within the range of alternatives considered in the environmental impact statement;
(ii) The proposed change is within the range of alternatives available for public comment. When initiating the public participation process, a county or city should consider defining the range of alternatives under consideration;
(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
(iv) The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or
(v) The proposed change is to an ordinance or resolution enacting a moratorium or interim control adopted in compliance with RCW 36.70A.390.
(e) If a county or city adopts an amendment without providing an additional opportunity for public comment as described under (a) of this subsection, the findings of the adopted ordinance or resolution should identify which exception under RCW 36.70A.035 (2)(b) applies.
(10) Any amendment to the comprehensive plan or development regulation must follow the applicable procedural requirements and the county or city public participation plan. A county or city should not enter into an agreement that is a de facto amendment to the comprehensive plan accomplished without complying with the statutory public participation requirements. Examples of a de facto amendment include agreements that:
(a) Obligate the county or city, or authorizes another party, to act in a manner that is inconsistent with the comprehensive plan;
(b) Authorize an action the comprehensive plan prohibits; or
(c) Obligate the county or city to adopt a subsequent amendment to the comprehensive plan.
http://www.mrsc.org/mc/wac/WAC%203650/0200/020TITLE/WAC%20365... 1212312010
http://www.mrsc.org/mc/wac/WAC%20365%20%20TITLEIWAC%20365... 12/23/2010

of woodinville, wa report to the planning commission …

Documents