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HomeMy WebLinkAbout041519_ra02 Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners (BoCC) Philip Morley, County Administrator FROM: Patty Charnas, Department of Community Development(DCD) Director David Wayne Johnson, Associate Planner DATE: April 15, 2019 SUBJECT: Briefing, Deliberation and Potential Action on Planning Commission's Recommended Ordinance Amending Jefferson County Code Chapters 18.05, 18.10, 18.40 and 18.45 Regarding Scope, Definition and Amendment of Development Regulations (MLA19- 00009) STATEMENT OF ISSUE: MLA19-00009 proposes amending the UDC to define "development regulations" consistent with State Law, replacing the term"implementing regulations,"and clarifying that the Planning Commission's required review and recommendation only applies to development regulations and not to regulations over processes and procedures. ATTACHMENTS: • Staff Report • Line-in, Line-out proposed text amendments • Planning Commission Recommendation on MLA19-00009 • Proposed Adopting Ordinance ANALYSIS/STRATEGIC GOALS/PROS and CONS: Background: On January 28, 2019, the Jefferson County Board of Commissioners (BoCC) referred the subject UDC amendment to the Planning Commission for review, public hearing, and recommendation. Currently, the Jefferson County Code (JCC) 18.45.090 provides a process to amend all sections of the UDC including those that implement the goals and policies of the County's Comprehensive Plan (development regulations) and those that address administrative processes and procedures(procedural issues).The amendment process, as currently written, requires all amendments to be brought before the Planning Commission for a review and recommendation to the BoCC. While the BoCC considers the Planning Commission recommendation, only the BoCC can adopt amendments. Consistent with the Growth Management Act (GMA) and Planning Enabling Act (PEA), Jefferson County has established public participation processes relating to the development of comprehensive plans and their associated development regulations(Local Review Process).This Local Review Process requires that development regulations to be brought before the Planning Commission for a public hearing, review, and a recommendation to the BoCC.Neither the GMA nor the PEA require that procedural issues be considered by the Planning Commission. On February 6,and February 20,2019,DCD staff presented proposed UDC amendments,staff report,and proposed amendments to the Planning Commission Planning Commission. The Planning Commission held a duly noticed public hearing on March 6,2019 and established a public comment period.There were no public comments received in writing during the comment period nor verbally provided at the public hearing. 1 Regular Agenda The Planning Commission closed the hearing and after deliberating on March 20,2019,unanimously made a formal Recommendation (Exhibit C)to the Board of County Commissioners (BoCC) dated March 28, 2019 to the effect that the UDC be amended to revise sections of Jefferson County Code (JCC) 18.05.050, 18.10.040, 18.40.040, 18.45, 18.45.010 and 18.45.090, Consistent with State Law and surrounding jurisdictions,the proposed amendment eliminates the need for Planning Commission review of non-development regulations, since the limited time afforded for important work of the Planning Commission should be focused on review of development regulations such as the Critical Area Ordinance, the Shoreline Master Program (both on the docket for this year and next), and Comprehensive Plan amendments, not procedural issues. In addition, more expeditious changes to procedural issues will enable DCD to be more responsive to customer needs without impacting compliance with the GMA or the PEA. Accordingly, the BoCC directed DCD to work with the Planning Commission to amend the UDC to separate the review of procedural issues from the review of development regulations. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The proposal has several time and cost saving benefits. First, it will save Planning Commission time and resources by focusing on substantive comprehensive planning and associated development regulations. Second, it will reduce the timelines for amendments located within the UDC that are not development regulations.For example, currently a minor procedural amendment must go through both Planning Commission and BoCC review and public hearings prior to adoption. This amendment will save at least 60 days per non-development regulation UDC amendment. Third, it will save substantial DCD staff resources in preparing for and conducting Planning Commission review and hearings on these non-development regulation UDC amendments. In addition to creating regulations more in line with neighboring jurisdictions,this proposal,if adopted,reduces the added time and processing related to GMA- related development standards and the required 60-day notice to the Washington State Department of Commerce. RECOMMENDATION: DCD recommends the Board of County Commissioners: 1. Review the recommended Ordinance Amending Jefferson County Code Chapters 18.05, 18.10, 18.40 & 18.45 Regarding the Scope,Definition and Amendment of Development Regulations; 2. Review the March 28, 2019 Planning Commission recommendations on proposed amendments to the Unified Development Code, Title 18 relating to Planning Commission Review of Development Regulations— MLA19-00009; 3. Review all other supporting documentation provided in this transmittal; and 4. Pass a motion either directing staff to prepare the recommended Ordinance for action on the County Commissioners' agenda for April 22, 2019, OR directing staff to schedule a public hearing of the Board of County Commissioners to take testimony, further deliberate, and adopt or deny the Ordinance with or without changes. REVIEWED BY: ' -1-4 +_ Philip Morle o ty Admiuistrater ' Date 2 JEFFERSON COUNTY STATE OF WASHINGTON In The Matter of Enacting an } Ordinance No.________ Ordinance Amending Jefferson County } Code Chapters 18.05, 18.10, 18.40 & } 18.45 Regarding the Scope, Definition & } Amendment of Development Regulations } WHEREAS , Jefferson County Code (JCC) 18.45.090 provides a process to amend all sections of the Unified Development Code (UDC), including those that implement the goals and policies of the County’s Comprehensive Plan (development regulations), and those that address administrative processes and procedures (procedural issues); and, WHEREAS , JCC 18.45.090 as currently written, requires all amendments to the UDC be brought before the Planning Commission for a review and recommendation to the Board of County Commissioners (BoCC); and, WHEREAS , the Planning Enabling Act, Chapter 36.70 RCW (PEA), and Growth Management Act, Chapter 36.70A RCW (GMA), define and control the process to enact and amend development regulations; and, WHEREAS, the RCW 36.70.030 authorizes the creation of a Planning Commission to assist the Planning Department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls or amendments thereto; and, WHEREAS, the GMA defines “development regulations” as “controls placed on development or land use activities by a county… but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto” and that a development Ordinance No. 1 regulation does not include process or procedural regulations, such as “a decision to approve a project permit application, as defined in RCW 36.70B.020;” and, WHEREAS, Local Project Review (Chapter 36.70B RCW) defines a project permit application as “excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection;” and, WHEREAS , neither the GMA or the PEA require Planning Commission review for adoption or amendment of procedural issues amendments; and, WHEREAS , it is beneficial to the County that time and resources of the Planning Commission focus on substantive comprehensive planning and its associated development regulations, such as updates to the Critical Areas Ordinance and Shoreline Master Program; and, WHEREAS , it is also beneficial to the County that staff time and resources to amend procedural issues be reduced; and, WHEREAS , a public hearing with approval and adoption by the BoCC will continue to be required for both development regulations and procedural issues amendments to the UDC; and, WHEREAS , segregating the process to amend development regulations and amendments to procedural issues is common practice in other jurisdictions planning under GMA; and, WHEREAS , On January 28, 2019, at its regularly scheduled meeting, the BoCC made a motion which carried directing the Department of Community Development (DCD) to work with the Planning Commission to amend the UDC to separate the review of procedural issues from the review of development regulations; and, WHEREAS , processing as a Type V legislative action, with BoCC review, BoCC public hearing, BoCC approval and adoption will continue to be required for both development regulations and procedural issues amendments to the UDC; and, WHEREAS , on January 29, 2019 DCD staff initiated Zoning Case ZON19- 00004, aka MLA19-00009 to process proposed amendments to the UDC to clarify the definition of development regulations and the process to amend them; and, WHEREAS ,On February 6, and February 20, 2019, DCD staff presented the subject proposed UDC amendments, staff report, and proposed amendments to the Ordinance No. 2 Planning Commission By-Laws to the Planning Commission at their regularly scheduled meetings; and, WHEREAS , DCD staff forwarded the proposed UDC amendments to the Department of Commerce on February 6, 2019 (Exhibit B), requesting expediting the review as required under JCC 18.45.090(5), and receiving approval on February 21, 2019; and, WHEREAS , DCD staff duly published notice of public hearing (ZON19- 00004) on February 20, 2019 to notify the public that the Planning Commission will be holding a public hearing on March 6, 2019 to take public testimony on the subject UDC amendments, and to accept written comments on the proposal beginning on February 20, 2019 and to which no comments were received after close of the comment period on March 8, 2019; and, WHEREAS, the County Planning Commission and DCD staff having reviewed the issue, the Planning Commission held a duly noticed public hearing on March 6, 2019, took public testimony, deliberated on March 20, 2019, and made a formal Recommendation (Exhibit C) to the Board of County Commissioners (BoCC) dated March 28, 2019 to the effect that the UDC be amended to revise sections of Jefferson County Code (JCC) 18.05.050, 18.10.040, 18.40.040, 18.45, 18.45.010 and 18.45.090, and forward Recommendation to the BoCC; and, WHEREAS, DCD has determined the proposed amendments to the UDC are consistent with the Jefferson County Comprehensive Plan by streamlining the process to implement Land Use Element Goal LU-G-14 Ensure responsive, fair, and efficient permit processing; and, WHEREAS, DCD has determined that the proposed amendments to the UDC are exempt from SEPA review under WAC 197-11-800(19)(b); and, WHEREAS , the Planning Commission deliberated the proposed UDC amendments on March 20, 2019 and voted to approve their recommendation of March 28, 2019 (Exhibit C) and forward to the BoCC on April 15, 2019; and, WHEREAS , The BoCC having held a duly required and noticed public hearing on April __, 2019 to hear testimony on the subject UDC text Amendments, deliberated and so moved to adopt amendments under separate ordinance; and, WHEREAS , the BoCC heard testimony on April __, 2019 and having deliberated, and further instructed staff to prepare final versions of said ordinances that will have the force of law when this Ordinance is adopted; and, Ordinance No. 3 NOW, THEREFORE BE IT ORDAINED , that the Board of County Commissioners ordains as follows: SECTION 1. Code Amendment. The Jefferson County Code is hereby amended to include text additions and changes as indicated by red strikethrough and underlined text, Exhibit D. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances shall not be affected. SECTION 3. Legislative findings. The “Whereas” clauses, one and all of them listed in the enacting Ordinance, are deemed to be and shall be the legislative findings of the Jefferson County Commission and shall represent the legislative history of this Chapter of the Jefferson County Code. SECTION 4. Effective Date. This ordinance shall take effect immediately after passage. EXHIBITS Exhibit A: Ordinance No. ____________________ Exhibit B: Department of Commerce email dated February 21, 2019 Exhibit C: Planning Commission Recommendation Exhibit D: Text Amendments 18.05.050, 18.10.040, 18.40.040, 18.45, 18.45.010 and 18.45.090 APPROVED AND SIGNED THIS _____ DAY OF ____________, 2019. SEAL JEFFERSON COUNTY BOARD OF COMMISSIONERS ______________________________ Kate Dean, Chair ______________________________ David Sullivan, Member Ordinance No. 4 ATTEST ______________________________ Greg Brotherton, Member ____________________________ Carolyn Gallaway Approved as to form Deputy Clerk of the Board ____________________________ Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney Ordinance No. 5 i_soN co JEFFERSON COUNTY e..44,<`" Gi DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend,WA 98368 . 0' 360-379-4450 I email:dcd@co.jefferson.wa.us s�`iNG http://www.co.jefferson.wa.us/260/Community-Development Staff Report and Recommendation on UDC Amendment Chapter 18.45.090 Comprehensive Plan and GMA Implementing Regulations Amendment Process To: Jefferson County Planning Commission From: David Wayne Johnson, Associate Planner Department of Community Development (DCD) Date: February 25, 2019 Re: Proposed Unified Development Code (UDC) amendments to Jefferson County Code (JCC) Chapters 18.05, 18.10, 18.40, and 18.45 and proposed amendments to the Planning Commission Bylaws regarding the scope and definition of development regulations (MLA19-00009/ZON19-00004). Executive Summary On January 28, 2019, the Jefferson County Board of Commissioners (BoCC) referred this proposed Unified Development Code (UDC) amendment to the Planning Commission for review, public hearing, and recommendation. Currently, the Jefferson County Code (JCC) 18.45.090 provides a process to amend all sections of the UDC including those that implement the goals and policies of the County's Comprehensive Plan (development regulations) and those that address administrative processes and procedures (procedural issues). The amendment process, as currently written, requires all amendments to be brought before the Planning Commission for a review and recommendation to the BoCC. While the BoCC considers the Planning Commission recommendation, only the BoCC can adopt amendments. For reasons discussed more fully below, there is a compelling need to separate thea approval process for development pP p regulations from the approval process for procedural issues. The proposal below outlines how Staff proposes to accomplish this separation. Under Washington state laws and regulations, development regulations are the controls placed on development or land use activities. Development regulations do not include ordinances or regulations that addresses administrative processes and 11 Page procedures related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law. Consistent with the Growth Management Act (GMA) and Planning Enabling Act (PEA), Jefferson County has established public participation processes relating to the development of comprehensive plans and their associated development regulations (Local Review Process). This Local Review Process requires that development regulations to be brought before the Planning Commission for a public hearing, review, and a recommendation to the BoCC. Neither the GMA nor the PEA require that procedural issues be considered by the Planning Commission. The limited time afforded for important work of the Planning Commission should be focused on review of development regulations, not procedural issues. In addition, more expeditious changes to procedural issues will enable DCD to be more responsive to customer needs without impacting compliance with the GMA or the PEA. Accordingly, the BoCC directed DCD to work with the Planning Commission to amend the UDC to separate the review of procedural issues from the review of development regulations. To accomplish the separation, DCD proposes amending the UDC's definition of development regulation to be consistent with state law, which defines development regulation as: "Development regulation or regulations" means the controls placed on development or land use activities by Jefferson County, including, but not limited to, this Unified Development Code (which among other provisions includes zoning, planned rural residential development (PRRD), subdivision, binding site plan and critical areas regulations), the Jefferson County Shoreline Master Program, and any other official controls implementing the Jefferson County Comprehensive Plan. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.706.020, even though the decision may be expressed in a resolution or ordinance of the Jefferson County board of commissioners. JCC 18.10.040. Current definition. Staff proposes the following definition: "Development regulation or regulations" means the controls placed on development or land use activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit or project permit application, as defined in RCW 36.706.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county (RCW 36.70A.030(7)). However, for the Wage avoidance of doubt, a development regulation does not include ordinances or regulations that address administrative processes and procedures related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law. Amendments to the UDC meeting the above exception to the definition of development regulation or regulations, such as a procedural amendment, would be processed as a Type V legislation action, with BoCC review, BoCC public hearing, and BoCC action. The Planning Commission would not review procedural issue amendments. The proposal will rename the UDC's "implementing regulations" to "development regulations" to be consistent with state law and similarly situated Washington counties. Implementing regulations is a term of art that does not exist under state law. The proposal requires an update to Section 3 and 10 of the Planning Commission's Bylaws. The proposal also includes updates to 18.05.050, Planning Commission Duties and Responsibilities to accurately reflect their role in developing and amending development regulations. Benefits The proposal has several benefits. First, it will save Planning Commission time and resources to focus on substantive comprehensive planning and their associated development regulations, such as updates to the Critical Areas Ordinance and Shoreline Master Program. Second, it will reduce the timelines for amendments located within the UDC that are not development regulations. For example, currently a minor procedural amendment must go through both Planning Commission and BoCC review and public hearings prior to adoption. This amendment will save at least 60 days per non- development regulation UDC amendment. Third, it will save substantial DCD staff resources in preparing for and conducting Planning Commission review and hearings on these non-development regulation UDC amendments. Finally, it reduces risk for the County, as the procedural issue amendment will no longer require 60-day notice to the Washington State Department of Commerce. Staff Analysis The following law, code, or documents were reviewed in preparation for the proposed amendments: 1. Revised Code Washington — RCW 36.70 Planning Enabling Act; RCW 36.70A Growth Management Act & RCW 36.70B Local Project Review. 2. Development Regulation definition and process for Kitsap, Snohomish, and Skagit counties. 3. County Wide Planning Policies of Jefferson County, Washington. 4. Jefferson County Comprehensive Plan. 3IPage 5. Unified Development Code of Jefferson County. 6. Resolution No. 54-97 Planning Commission. 7. By-Laws of the Jefferson County Planning Commission. 1. The proposal is consistent with applicable state law, such as the GMA, the PEA, and Local Project Review. As discussed below, the GMA, the PEA, and Local Project Review provide a process for developing and amending development regulations. This Local Review Process requires that Planning Commission review, hold a public hearing, and provide a recommendation to the BoCC. The BoCC then holds for their own review, public hearing, and final adoption on the proposed development regulations. The statutory definition and application of development regulation does not include "ordinances or regulations that addresses procedural issues related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law." Accordingly, the proposed amendment is consistent with applicable state law. The Revised Code of Washington (RCW) 36.70 (Planning Enabling Act), 36.70A (Growth Management Act) & 36.70B (Local Project Review) are sections of Washington State Law that define and control how Jefferson County controls land use development. Applicable sections of the RCW related to the proposed code amendments are as follows: (underlined for emphasis): RCW 36.70.020 (Planning Enabling Act) Definitions (4) "Commission" means a county or regional planning commission. (11) "Official controls" means legislatively defined and enacted policies, standards, precise detailed maps and other criteria, all of which control the physical development of a county or any part thereof or any detail thereof, and are the means of translating into regulations and ordinances all or any part of the general objectives of the comprehensive plan. Such official controls may include, but are not limited to, ordinances establishing zoning, subdivision control, platting, and adoption of detailed maps. RCW 36.70.040 (Planning Enabling Act) Department—Creation—Creation of commission to assist department. By ordinance a board may, as an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create a planning department which shall be organized and function as any other department of the county. When such department is created, the board shall also create a planning commission which shall assist the planning department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls and/or amendments thereto. To this end, the planning commission shall conduct such hearings as are required by this chapter and shall make 41 Page findings and conclusions therefrom which shall be transmitted to the department which shall transmit the same on to the board with such comments and recommendations it deems necessary. RCW 36.70.545 (Planning Enabling Act) Development regulations—Consistency with comprehensive plan Beginning July 1, 1992, the development regulations of each county that does not plan under RCW 36.70A.040 shall not be inconsistent with the county's comprehensive plan. For the purposes of this section, "development regulations" has the same meaning as set forth in RCW 36.70A.030.1 RCW 36.70.550 (Planning Enabling Act) Official controls From time to time, the planning agency may, or if so requested by the board shall, cause to be prepared official controls which, when adopted by ordinance by the board, will further the objectives and goals of the comprehensive plan. The planning agency may also draft such regulations, programs and legislation as may, in its judgment, be required to preserve the integrity of the comprehensive plan and assure its systematic execution, and the planning agency may recommend such plans, regulations, programs and legislation to the board for adoption. RCW 36.70.640 (Planning Enabling Act) Official controls—Board may initiate When it deems it to be for the public interest, the board may initiate consideration of an ordinance establishing an official control, or amendments to an existing official control, including those specified in RCW. The board shall first refer the proposed official control or amendment to the planning agency for report which shall, thereafter, be considered and processed in the same manner as that set forth in RCW regarding a change in the recommendation of the planning agency. RCW 36.70A.030 (Growth Management Act) Definitions (7) "Development regulations" or"regulation" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city. RCW 36.708.020 (Local Project Review) Definitions (4) "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not 1 This definition is quoted below. SlPage limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection. 2. The UDC refers to "implementing regulations", not "development regulations", which is not a GMA or PEA term. This proposed amendment changes "implementing regulations" to "development regulations". JCC 18.45.090 refers to "implementing regulations." The RCW does not define "implementing regulations," it only defines "development regulations." Implementing regulations is a term of art to that refers to all regulations that "implement" the Comprehensive Plan goals and policies. By this definition, "development regulations" are implementing regulations, since they implement the land use rules that control the physical development of the County. DCD proposes to change "implementing regulations" to "development regulations"to be consistent with state law and surrounding jurisdictions. 3. The proposed amendment is consistent with the Jefferson County Comprehensive Plan. The Jefferson County Comprehensive Plan states, "[t]he Unified Development Code (UDC) provides detailed regulations for implementation of these goals and policies" (page xvii). An example of Comp Plan goals and policies that would require implementing regulations, but are not development regulations are as follows: Jefferson County Comprehensive Plan — Land Use Element Permit Processing Goal LU-G-14 Ensure responsive, fair, and efficient permit processing. ► Policy LU-P-14.1 Develop and maintain implementing regulations and internal policies that ensure that development applications are processed in a timely, fair, and predictable manner ► Policy LU-P-14.2 Ensure that permit review and requests for additional information are fair, consistent and balanced with the needs of the applicant and the public interest at large. ► Policy LU-P-14.3 Implement and maintain a land use and building permit enforcement program that encourages voluntary compliance as the first course of action, but is protective of the community's life, safety, and environmental health. This goal and associated policies are consistent with and support the proposed amendment as the proposal is procedural in nature and does not affect substantive development regulations or official controls over property. Regulations must control and direct the physical development of property, as well as be within the traditional sphere of Wage ge land use regulations, such as zoning or critical areas ordinances for them to be considered a development regulation. The proposed amendment will streamline the UDC amendment process for procedural issues, allowing DCD to bring these proposed amendments directly to the BoCC for review, public hearing, and action. Accordingly, the proposed amendment is consistent with the Jefferson County Comprehensive Plan. 4. The proposed amendment requires modifications relating to the Planning Commission's duties, responsibilities, and bylaws. Proposed changes are consistent with state law and similarly situated Washington counties. The Planning Commission as part of the "Planning Agency," "shall assist the planning department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls" (RCW 36.70.040). Those "controls" being defined as "development regulations," do not include "process and procedure regulations." Therefore, "process and procedure regulations" do not need review by or require recommendations from the Planning Commission. The proposed code and bylaw amendments more clearly define "development regulations" and the role of the Planning Commission in the review and recommendation of those regulations. Accordingly, the proposed amendments to the UDC relating to development regulation are consistent with state law and similarly situated Washington counties. 5. The proposal is exempt from State Environmental Policy Act Review. The proposal is exempt from SEPA review under WAC 197-11-800(19)(b) "[t]ext amendments resulting in no substantive changes respecting use or modification of the environment." Alternatively, this proposal is exempt from SEPA review under WAC 197- 11-800(19)(a) "[r]elating solely to governmental procedures, and containing no substantive changes respecting use or modification of the environment." 6. Staff submitted the proposal for Washington State Department of Commerce review. Washington law requires a 60-day notice and review period for development regulation amendments. On February 6, 2019, DCD submitted a request for expedited review of the proposal to the Washington State Department of Commerce. Summary of Amendments Summary of Proposed Code Amendments The following sections of the UDC are proposed for amendment: 1. JCC 18.05.050 Planning Commission — Duties and responsibilities (1) & (2) to remove "land use ordinances" and include "development" to specify which regulations are required for Planning Commission review. 7lPage 2. JCC 18.10.040 D Definitions —to enhance definition to "development regulations." 3. JCC Chapter 18.45 Comprehensive Plan and GMA Implementing Regulations — to replace "implementing" with "development." 4. JCC 18.40.040 Project permit application framework — to amend Table 8-1 to clarify the types of amendments, and Table 8-2 Action Types — Process to clarify the role of the Planning Commission in amendment review. 5. JCC 18.45.010 Amendments — Purpose and introduction — to include "Development Regulations" in the amendment process, as Type V legislative process without Planning Commission review. 6. JCC 18.45.090 Amendments to GMA implementing regulations — to replace "implementing" with "development," and include a revised definition of development regulations. Proposed Planning Commission Bylaw Amendments: 1. Amendment to Section 3: "The planning commission shall review land use ordinances and regulations development regulations of the county and make recommendations in cooperation with DCD regarding them to the board of commissioners." 2. Amendment to Section 10: "Comprehensive Plan Changes, Zoning Changes, By- Law Changes, Unified Development Code development regulation changes and other site-specific approvals shall be by the affirmative vote of not fewer than (5) five members - a majority of the total membership. Amendments to the By-Laws are not subject to a public hearing or public comment and can be made at any time by the Planning Commission per Section 16 —Amendments of the Planning Commission By-Laws. Staff Recommendation Staff recommends the Planning Commission review the proposal, conduct a public hearing on March 6, 2019 to take public testimony and take written comments, deliberate and make a recommendation to the BoCC. Wage Chapter 18.45 COMPREHENSIVE PLAN AND GMA IMPLEMENTING-DEVELOPMENT REGULATIONS AMENDMENT PROCESS Sections: 18.45.010 Amendments—Purpose and introduction. 18.45.020 Annual amendments—Consideration of cumulative effects. 18.45.030 Exceptions to the annual amendment process. 18.45.040 Applications for Comprehensive Plan amendment. 18.45.050 Compilation of preliminary docket. 18.45.060 Review of preliminary docket—Adoption of final docket. 18.45.070 Final docket—DCD review and recommendation—SEPA review. 18.45.080 Final docket—Planning commission and board of county commissioners review. 18.45.090 Amendments to GMA implementing-development regulations. 18.45.010 Amendments— Purpose and introduction._0 SHARE (1) Purpose. The purpose of this chapter is to establish procedures for amending the Jefferson County Comprehensive Plan, and Development Regulations, defined for the purposes of this chapter as including the plan text and/or the Land Use Map. The Growth Management Act(GMA, Chapter 36.70A RCW) generally allows amendments to comprehensive plans no more often than once per year, except in emergency situations. This chapter is intended to provide the following: (3) Planning Commission Role. The Jefferson County planning commission is an advisory body that shall make recommendations to the county commissioners on all Comprehensive Plan matters, including amendments to the plan text and Land Use Map, +mplemeet+ag-development regulations and subarea plans. 18.45.090 Amendments to GMA imp evelo ment regulations..Q SHARE IR (1) Initiation. The text of the GCounty's -:-- :e - e•-_ _ - _. - - _ _ _ -- development regulations (RCW 36.70A.030(7)), _ -- _ _ =_ _ • ••- ••_ -___ -- __ _ __ ___ __ _ _•_ may be amended at any time, provided the amendment is consistent with the Jefferson County Comprehensive Plan and Land Use Map.When inconsistent with the Comprehensive Plan and Land Use Map, the amendment shall be processed concurrent with any necessary plan amendments using the process and timelines for plan amendments set forth in this chapter. " th t , ilPage DRAFT RCW 36.70A.030). Proposed amendments, changes, or modifications to development regulations may be initiated as follows: (a)When consistent with the plan, at any time at the direction of the board of county commissioners or by the planning commission pursuant to RCW 36.70.550; (b)When inconsistent with the plan, under the process and time lines for Comprehensive Plan amendments by any interested person consistent with this chapter; or (c) Immediately following or concurrent with an amendment or amendments to the Jefferson County Comprehensive Plan,the implementing regulations shall be amended to be consistent with the plan and Land Use Map. (2) Notice. (a) Proposed amendments to the implemeRting-development regulations pursuant to subsection (1) of this section which must be processed concurrently with an amendment to the Comprehensive Plan and Land Use Map shall be processed and noticed in the same manner as plan amendments consistent with this chapter. (b) Notice of any hearing on amendments to the implementing development regulations of countycommissioners or the planningcommission outside generated byDCD staff, the board of the annual Comprehensive Plan amendment process shall be given by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Jefferson County Courthouse. (c)Any additional notice required by state or local law(e.g., statutory notice requirements for amendments to the Shoreline Master Program), or deemed appropriate by the administrator, shall be paid for by the applicant. 2IPage DRAFT • (3) Planning Commission Review. The planning commission shall hold a public hearing on any amendment(s) to the implement development regulations and shall make a recommendation to the board of county commissioners using the site-specific criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable. (4) Board of County Commissioners Review. The board of county commissioners shall consider the proposed amendments at a regularly scheduled meeting. (a) If after applying the criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable, the board of county commissioners concludes that no change in the recommendation of the planning commission is necessary, the board may make a final determination on the proposed amendment(s)and adopt the amendments as recommended by the planning commission. (b) If after applying the criteria set forth in JCC 18.45.080 1 b and (1)(c), as applicable, the OO board of county commissioners concludes that a change in the recommendation of the planning commission is necessary, the change shall not be incorporated until the board conducts its own public hearing using the procedures set forth under JCC 18.40.310. The hearing shall be noticed by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing, and by posting copies of the notice of hearing in the Jefferson County Courthouse. The notice and public hearing for proposed amendments to implementing development regulations may be combined with any notice or public hearing for proposed amendments to the Comprehensive Plan or for other actions of the board of county commissioners. (5) Transmittal to State. The administrator shall transmit a copy of any proposed amendment(s) to the implementing development regulations at least 60 days prior to the expected date of final action by the board of county commissioners, as consistent with Chapter 36.70A RCW. The administrator shall transmit a copy of any adopted amendment(s)to the implementing regulations to OCD within 10 days after adoption by the board. (6)Appeals. All appeals to the adoption of any amendment(s)to the implementing regulations shall be filed with and processed by the Western Washington Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. [Ord. 2-06 § 1] Chapter 18.05 18.05.050 — 0 SHARE Planning commission Duties and responsibilities. 1:5-g The duties and responsibilities of the planning commission shall be as follows: 3IPage DRAFT (1)The planning commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the county's plans, goals, policies, Land use ordinances and development regulations are promoting orderly and coordinated development within the county. The commission shall make recommendations concerning this to the board of commissioners. (2)The planning commission shall review development regulations of the county and make recommendations regarding them to the board of commissioners. (3)The planning commission shall recommend priorities for and review studies of geographic subareas in the county. (4)All other county boards, committees, and commissions shall coordinate their planning activities, as they relate to land use or the Jefferson County Comprehensive Plan, with the planning commission. (5)The planning commission may hold public hearings in the exercise of its duties and responsibilities as it deems necessary. (6)The planning commission shall have such other duties and powers as heretofore have been or hereafter may be conferred upon the commission by county ordinances or as directed by resolution of the board of commissioners, the performance of such duties and exercise of such authority to be subject to the limitations expressed in such enactments. [Ord. 8-06§ 1] Chapter 18.10 18.10.040 D definitions. a S}[RRE "Development regulation or regulations"- ••-- - - --• - - - ---e -• e- - -- --- - - - - - -- ' . -. _ Jefferson C-oun y, including, but not limited to, this Unified Development Code(which among other provisions • .- . . - means the controls placed on development or land use activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit or project permit application, as 4IPage DRAFT • defined in RCW 36.706.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county(RCW 36.70A.030(7). However,for the avoidance of doubt,Aa development regulation does not include ordinances or regulations that address administrative processes and procedure related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law. 18.40.040 Project permit application framework. Table 8-1. Permits—Decisions Project permit application framework. 5 $ Page DRAFT Table 8-1. Permits—Decisions Type I (1) Type II Type III Type IV Type V Septic permits Classification of Reasonable economic Final plats Special use permits unnamed and use variances under under under JCC 18.15.110 discretionary uses under JCC 18.15.220 Chapter Article II of Chapter 18.35 JCC 18.15 JCC Allowed uses not requiring Release of six-year FPA PRRDs under Article VI- Final PRRDs Jefferson County notice of application (e.g., moratorium for an M of Chapter 18.15 JCC under Article Comprehensive Plan "Yes" uses listed in Table individual single-family and major amendments VI-M of amendments under 3-1 in JCC 18.15.040, residence under JCC to PRRDs under JCC Chapter Chapter 18.45 JCC building permits, etc.) 18.20.160 18.15.545(3) 18.15 JCC Minor amendments to Cottage industries under Shoreline substantial Amendments to planned rural residential JCC 18.20.170 development permits for development developments (PRRDs) secondary uses, and regulations including under JCC 18.15.545 conditional and variance permits under the UDC and tho Land Use Jefferson County Districts Map Shoreline Master Program(SMP) Home businesses Short subdivisions under Plat alterations and Amendments to the approved under JCC Article IV of Chapter vacations under JCC Jefferson County SMP 18.20.200 18.35 JCC 18.35.030(3) Temporary outdoor use Binding site plans under Long subdivisions under Subarea and utility permits under JCC Article V of Chapter Article V of Chapter plans and amendments 18.20.380 18.35 JCC 18.35 JCC thereto Stormwater management Administrative Discretionary conditional Development permits under JCC conditional use permits use permits under JCC agreements and 18.30.070 under JCC 18.40.550(1) 18.40.550(2) [i.e., listed amendments thereto [i.e., listed in Table 3-1 in in Table 3-1 in JCC under Article XI of this JCC 18.15.040 as 18.15.040 as"C(d)"] chapter "C(a)"] where required by administrator Road access permits Discretionary conditional Conditional use permits Master plans for master under JCC 18.30.080 use permits under JCC under JCC 18.40.550(3) planned resorts 18.40.550(2) [i.e., listed (i.e., uses listed in Table in Table 3-1 in JCC 3- 1 in JCC 18.15.040 as 18.15.040 as"C(d)") "C") unless Type III process required by administrator Sign permits under JCC Minor variances under Major variances under Amendments to the 18.30.150 JCC 18.40.670(1) JCC 18.40.670(2) Unified Development Code Boundary line adjustments Shoreline substantial Wireless under Article II of Chapter development permits for telecommunications 18.35 JCC primary uses under permits under JCC Jefferson County SMP 18.20.130 and Chapter 18.42 JCC 1 If not categorically exempt pursuant to SEPA,Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter(the SEPA integration section). 6IPage DRAFT Table 8-2. Action Types — Process Project Permit Application Procedures(Types I-IV) Legislative Type I Type II Type III Type IV Type V Recommendation Project Project planner Project planner N/A Planning commission) made by: planner Final decision Administrator Administrator Hearing examiner Board of county Board of county made by: commissioners commissioners Notice of No Yes Yes No N/A application: Open record No Only if administrator's Yes, before hearing No Yes, before planning public hearing: decision is appealed, examiner, prior to commission to make open record hearing permit decision by recommendation to before hearing the hearing board of county examiner examiner commissioners? Closed record No No No N/A Yes, or board of county appeal/final commissioners could decision: hold its own hearing Judicial appeal: Yes Yes Yes Yes Yes2 1 Type V land use actions are subject to review and recommendation by the planning commission. owever, except for utility plans,ordinances or regulations that address procedural issues related to land use planning, interim or emergency ordinances,moratorium ordinances,or remand actions from state administrative boards or courts of law.-and- : •- -- -- - = ° • - - •_ - •° - - - '' -- - 2Pursuant to RCW 36.70A.250 and 36.70A.280,the Western Washington Growth Management Hearings Board (VVWGMHB)is authorized to hear and determine petitions alleging that the county is not in compliance with the requirements of Chapter 36.70A RCW,Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or Chapter 43.21 C RCW as it relates to plans,development regulations,or amendments,adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW 36.70A.295. 1 If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220 and Article X of this chapter(the SEPA integration section). SUMMARY OF DECISION-MAKING Type I: In most cases, administrative without notice. However, if a Type I permit is not categorically exempt under SEPA, then, administrative with notice. Type II: Administrative with notice. Final decision by administrator unless appealed. If appealed, open record hearing and final decision by hearing examiner. Type III:Notice and open record public hearing before the hearing examiner. Final decision by hearing examiner.Appeal to Superior Court. Type IV:Closed record decision by board of commissioners during a regular public meeting. Type IV decisions are purely ministerial in nature(see Article IV of Chapter 18.35 JCC). Type V: Notice and public hearing before planning commission, with planning commission recommendation to board of county commissioners€except for utility plans, ordinances or regulations that address procedural issues related to land use planning, interim or emergency ordinances, moratorium ordinances, or remand actions from state administrative boards or courts of law Notice and-of public hearings before board of county commissioners with final legislative action by the board of county commissioners. : _ "e'_ _ _ _ "e.- - . • e"-.-"e'. (see Chapter 18.45 JCC). [Ord. 11-04 § 3; Ord. 18-02 §2 (Exh. D); Ord. 2-02 § 1; Ord. 7-01 § 1 (Exh. B); Ord. 3-01 § 1; Ord. 11-00§ 8.1(4)] 7IPage DRAFT (roN oo JEFFERSON COUNTY 6 PLANNING COMMISSION ti 621 Sheridan Street I Port Townsend, WA 98368 0 t' 360-379-4450 email: PlanComm@co.jefferson.wa.us '9Shi N GAO http://www.co.jefferson.wa.us/580/Planning-Commission To: Board of County Commissioners From: Planning Commission Date: March 28, 2019 Subject: Planning Commission recommendations on proposed amendments to the Unified Development Code, Title 18 relating to Planning Commission Review of Development Regulations—MLA19-00009 Honorable Commissioners Dean, Sullivan, and Brotherton: The Jefferson County Planning Commission is pleased to transmit to the Board of County Commissioners our recommended draft ordinance modifying Title 18 JCC relating to Planning Commission Review of Development Regulations. The findings and recommendations presented in this transmittal, were approved with a unanimous vote of the Planning Commission on March 20, 2019. This report summarizes the process and the work product related to the proposed ordinance. Process On January 28, 2019, the Jefferson County Board of Commissioners (BoCC) referred this proposed Unified Development Code (UDC) amendment to the Planning Commission for review, public hearing, and recommendation. Currently, Jefferson County Code (JCC) 18.45.090 provides a process to amend all sections of the UDC including those that implement the goals and policies of the County's Comprehensive Plan (development regulations) and those that address administrative processes and procedures (procedural issues). The amendment process, as currently written, requires all amendments, whether substantive development regulations or procedural issues, to be brought before the Planning Commission for a review and recommendation to the BoCC. Under Washington state laws and regulations, development regulations are the controls placed on development or land use activities. Development regulations do not include ordinances or regulations that addresses administrative processes and procedures related to land use planning, interim or emergency ordinances, and moratorium ordinances. Consistent with the Growth Management Act(GMA) and Planning Enabling Act(PEA), Jefferson County has established public participation processes relating to the development of comprehensive plans and their associated development regulations (Local Review Process). This Local Review Process requires that development regulations be brought before the Planning Commission for a public hearing, review, and a recommendation to the BoCC. Neither the GMA nor the PEA require that procedural issues be considered by the Planning Commission. The limited time afforded for important work of the Planning Commission should be focused on review of development regulations, not procedural issues. In addition, more expeditious changes to procedural issues will enable DCD to be more responsive to customer needs without impacting compliance with the GMA or the PEA. Accordingly, the BoCC directed DCD to work with the Planning Commission to amend the UDC to separate the review of procedural issues from the review of development regulations. To accomplish the separation, the proposal will rename the UDC's"implementing regulations" to "development regulations" to be consistent with state law and similarly situated Washington counties. The proposed amendments require compliance with JCC Chapter 18.45 Comprehensive Plan and GMA Implementing Regulations, which require a Planning Commission public hearing and recommendation to the Board of County Commissioners. 1 PC Recommendations Ordinance Modifying Title 18 JCC— MLA19-00009 To Board of County Commissioners If adopted by the BoCC this proposal will treat procedural or non-development regulation amendments as a Type V legislative process without Planning Commission review or hearing. The BoCC will hold its own public hearing, deliberate on the proposal, and take legislative action on the proposal. Public Hearing The Planning Commission held a public hearing, accepting verbal and written testimony, on the proposed draft UDC amendments MLA19-00009 on March 6, 2019. The comment period was February 20 until March 8, 2019. No verbal testimony or written comments were received. On March 20, 2019 the Planning Commission met to deliberate the proposed amendment and voted unanimously to recommend approval of MLA19-00009. Proposed Amendments to Unified Development Code 1. Summary of Proposed Amendments 1. JCC 18.05.050 Planning Commission— Duties and responsibilities (1) & (2) to remove"land use ordinances" and include "development" to specify which regulations are required for Planning Commission review. 2. JCC 18.10.040 D Definitions—to enhance definition of"development regulations." 3. JCC 18.40.040 Project permit application framework—to amend Table 8-1 to clarify the types of amendments, and Table 8-2 Action Types—Process to clarify the role of the Planning Commission in amendment review. 4. JCC Chapter 18.45 Comprehensive Plan and GMA Implementing Regulations—to replace "implementing" with "development." 5. JCC 18.45.010 Amendments— Purpose and introduction —to include "Development Regulations" in the amendment process, as Type V legislative process without Planning Commission review. 6. JCC 18.45.090 Amendments to GMA implementing regulations—to replace"implementing" with "development," and include a revised definition of development regulations. Note: only code sections with proposed changes are listed below, not the entire code section. 2. Duties and Responsibilities 18.05.050 Planning commission— Duties and responsibilities. The duties and responsibilities of the planning commission shall be as follows: (1)The planning commission shall review the Jefferson County Comprehensive Plan and other planning documents to determine if the county's plans, goals, policies, development regulations are promoting orderly and coordinated development within the county. The commission shall make recommendations concerning this to the board of commissioners. 2 PC Recommendations Ordinance Modifying Title 18 JCC— MLA19-00009 To Board of County Commissioners (2)The planning commission shall review development regulations of the county and make recommendations regarding them to the board of commissioners. 3. Definitions 18.10.040 D definitions. "Development regulation or regulations" means the controls placed on development or land use activities, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit or project permit application, as defined in RCW 36.706.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county (RCW 36.70A.030(7). A development regulation does not include ordinances or regulations that address administrative processes and procedures related to land use planning, interim or emergency ordinances, and moratorium ordinances. 4. Amendment Process Chapter 18.45 COMPREHENSIVE PLAN AND GMA DEVELOPMENT REGULATIONS AMENDMENT PROCESS 18.45.090 Amendments to GMA development regulations. 18.45.010 Amendments— Purpose and introduction. (1) Purpose. The purpose of this chapter is to establish procedures for amending the Jefferson County Comprehensive Plan, and Development Regulations, defined for the purposes of this chapter as including the plan text and/or the Land Use Map. The Growth Management Act(GMA, Chapter 36.70A RCW) generally allows amendments to comprehensive plans no more often than once per year, except in emergency situations. This chapter is intended to provide the following: (3) Planning Commission Role. The Jefferson County planning commission is an advisory body that shall make recommendations to the county commissioners on all Comprehensive Plan matters, including amendments to the plan text and Land Use Map, development regulations and subarea plans. 18.45.090 Amendments to GMA development regulations. (1) Initiation. The text of the County's development regulations (RCW 36.70A.030(7)), may be amended at any time, provided the amendment is consistent with the Jefferson County Comprehensive Plan and Land Use Map. When inconsistent with the Comprehensive Plan and Land Use Map, the amendment shall be processed concurrent with any necessary plan amendments using the process and timelines for plan amendments set forth in this chapter. Proposed amendments, changes, or modifications to development regulations may be initiated as follows: (2) Notice. 3 PC Recommendations Ordinance Modifying Title 18 JCC — MLA19-00009 To Board of County Commissioners (a) Proposed amendments to the development regulations pursuant to subsection (1) of this section which must be processed concurrently with an amendment to the Comprehensive Plan and Land Use Map shall be processed and noticed in the same manner as plan amendments consistent with this chapter. (b) Notice of any hearing on amendments to the development regulations generated by DCD staff, the board of county commissioners or the planning commission outside of the annual Comprehensive Plan amendment process shall be given by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing and by posting a copy of the notice of hearing in the Jefferson County Courthouse. (3) Planning Commission Review. The planning commission shall hold a public hearing on any amendment(s) to the development regulations and shall make a recommendation to the board of county commissioners using the site-specific criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable. (b) If after applying the criteria set forth in JCC 18.45.080(1)(b) and (1)(c), as applicable, the board of county commissioners concludes that a change in the recommendation of the planning commission is necessary, the change shall not be incorporated until the board conducts its own public hearing using the procedures set forth under JCC 18.40.310. The hearing shall be noticed by one publication in the official newspaper of the county at least 10 days prior to the date of the hearing, and by posting copies of the notice of hearing in the Jefferson County Courthouse. The notice and public hearing for proposed amendments to development regulations may be combined with any notice or public hearing for proposed amendments to the Comprehensive Plan or for other actions of the board of county commissioners. (5)Transmittal to State. The administrator shall transmit a copy of any proposed amendment(s) to the development regulations at least 60 days prior to the expected date of final action by the board of county commissioners, as consistent with Chapter 36.70A RCW. The administrator shall transmit a copy of any adopted amendment(s) to the implementing regulations to OCD within 10 days after adoption by the board. 5. Prosect permit application framework. 18.40.040 Project permit application framework. Table 8-1. Permits—Decisions Project permit application framework. Table 8-1. Permits—Decisions 4 • PC Recommendations Ordinance Modifying Title 18 JCC— MLA19-00009 To Board of County Commissioners Type I (1) Type II Type III Type IV Type V Minor amendments to Cottage industries under Shoreline substantial Amendments to planned rural residential JCC 18.20.170 development permits for development developments (PRRDs) secondary uses, and regulations under JCC 18.15.545 conditional and variance permits under the Jefferson County Shoreline Master Program (SMP) Road access permits Discretionary conditional Conditional use permits Master plans for master under JCC 18.30.080 use permits under JCC under JCC 18.40.550(3) planned resorts 18.40.550(2) [i.e., listed (i.e., uses listed in Table in Table 3-1 in JCC 3- 1 in JCC 18.15.040 as 18.15.040 as"C(d)"] "C") unless Type Ill process required by administrator Sign permits under JCC Minor variances under Major variances under Amendments to the 18.30.150 JCC 18.40.670(1) JCC 18.40.670(2) Unified Development Code , 1 If not categorically exempt pursuant to SEPA,Type I projects shall be subject to the notice requirements of JCC 18.40.150 through I 18.40.220 and Article X of this chapter(the SEPA integration section). Table 8-2. Action Types — Process Project Permit Application Procedures (Types I-IV) Legislative Type I Type II Type III Type IV Type V Recommendation Project Project planner Project planner N/A Planning commission) made by: planner Final decision Administrator Administrator Hearing examiner Board of county Board of county made by: commissioners commissioners Notice of No Yes Yes No N/A application: Open record No Only if administrator's Yes, before hearing No Yes, before planning public hearing: decision is appealed, examiner, prior to commission to make open record hearing permit decision by recommendation to before hearing the hearing board of county examiner examiner commissioners' Closed record No No No N/A Yes, or board of county appeal/final commissioners could decision: hold its own hearin Judicial appeal: Yes Yes Yes Yes 1Type V land use actions are subject to review and recommendation by the planning commission,except for utility plans, ordinances or regulations that address procedural issues related to land use planning, interim or emergency ordinances, and moratorium ordinances. 2Pursuant to RCW 36.70A.250 and 36.70A.280,the Western Washington Growth Management Hearings Board (W'NGMHB)is authorized to hear and determine petitions alleging that the county is not in compliance with the requirements of Chapter 36.70A RCW,Chapter 90.58 RCW as it relates to the adoption of the Shoreline Master Program, or Chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or Chapter 90.58 RCW. Direct judicial review may also be obtained pursuant to RCW 36.70A.295. 5 PC Recommendations Ordinance Modifying Title 18 JCC— MLA19-00009 To Board of County Commissioners Required Findings In support of this recommendation for the Comprehensive Plan and UDC amendments, the Planning Commission enters the following findings and conclusions: Required findings; adapted from JCC 18.45.080 (1)(b)(i-iii) (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? The Planning Commission finds that the Comprehensive Plan's implementing regulations (Title 18,Jefferson County Code/ Unified Development Code) require amendments to ensure consistency with State Law and other County jurisdictions, improve usability, and implement process improvements. Circumstances have changed in that new information and limited resources create a compelling need to requiring these amendments. (ii) Are the assumptions upon which the Jefferson County Comprehensive Plan is based no longer valid; or is new information available which was not considered during the adoption process or any annual amendments of the Jefferson County Comprehensive Plan? The Planning Commission finds that new information relating to defining and amending development regulations is available,which were not considered during recent amendments to the Comprehensive Plan, but will more easily implement certain goals and policies of the Comp Plan. (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? The Planning Commission finds the proposal reflects currently widely held values of a fair, responsive, and efficient permitting process, reflected in Comprehensive Plan Goal LU-G- 14 and Policy LU-P-14.1 "Develop and maintain implementing regulations and internal policies that ensure that development applications are processed in a timely, fair, and predictable manner." II. Required Findings from JCC 18.45.050(4)(b)(i) through (4)(b)(vii) Growth Management Indicators i) Is growth and development as envisioned in the Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? The Planning Commission does not have recent data to support a finding that development is occurring faster or slower than anticipated in the Comprehensive Plan. The Comprehensive Plan was adopted in December 2018 and no new data is available yet; however, growth occurred slower than anticipated during the last Comprehensive Plan periodic review and update cycle. ii) Has the capacity of the county to provide adequate services diminished or increased? 6 PC Recommendations Ordinance Modifying Title 18 JCC— MLA19-00009 To Board of County Commissioners The Planning Commission finds that the capacity of the County to provide adequate services has not diminished or increased relating to this proposal. iii) Is there sufficient urban land, as designated and zoned to meet projected demand and need? The Planning Commission finds there is sufficient urban land as designated and zoned to meet projected demand and need. iv) Are any of the assumptions upon which the plan is based no longer found to be valid? The Planning Commission finds that all assumptions in the Comprehensive Plan are valid. v) Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? The Planning Commission finds that the county-wide attitudes have not changed since the last updated adoption of the Comprehensive Plan in December 2018. vi) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? The Planning Commission finds that changes in circumstances, and new information require the proposal,which updates the Comprehensive Plan's implementing development regulations, but not the Comp Plan goals and policies. vii) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and the Countywide Planning Policies for Jefferson County? The Planning Commission finds that there are no inconsistencies between the Comprehensive Plan, GMA, and County-wide Planning Policies. III. Additional Findings from JCC 18.45.080(1)(c)(i-vii) I. The proposed site-specific amendment meets concurrency requirements for transportation and does not adversely affect adopted level of service standards for other public facilities and services (e.g., sheriff, fire and emergency medical services, parks, fire flow, and general governmental services); The Planning Commission finds that this is not applicable to the proposal. The proposal is not site-specific. II. The proposed site-specific amendment is consistent with the goals, policies and implementation strategies of the various elements of the Jefferson County Comprehensive Plan; The Planning Commission finds that the proposal, while not a site-specific amendment is consistent with the Jefferson County Comprehensive Plan. The proposal clarifies definitions, and the process to amend code, which is consistent with Comprehensive Plan Goal LU-G-14 and Policy LU-p-14.1. Ill. The proposed site-specific amendment will not result in probable significant adverse impacts to the county's transportation network, capital facilities, utilities, parks, and environmental features 7 PC Recommendations Ordinance Modifying Title 18 JCC— MLA19-00009 To Board of County Commissioners that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; The Planning Commission finds that the proposal does not result in probable significant adverse impact county's transportation network, capital facilities, utilities, parks, and environmental features. IV. In the case of a site-specific amendment to the Land Use Map, that the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including, but not limited to, the following: a. Access; b. Provision of utilities; and c. Compatibility with existing and planning surrounding land uses; The Planning Commission finds that this criteria is not applicable to the proposal. V. The proposed site-specific amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term best interests of the county as a whole; The Planning Commission finds that the proposal will not create pressure to change the land use designation of other properties. The proposal clarifies definitions and processes to amend development and non-development regulations. VI. The proposed site-specific amendment does not materially affect the land use and population growth projections that are the bases of the Comprehensive Plan; The Planning Commission finds that the proposal does not materially affect the land use and population projects that are the bases of the Comprehensive Plan. The proposal clarifies definitions and processes to amend development and non-development regulations, and is not related to population growth projections in any way. VII. If within an unincorporated urban growth area ("UGA"), the proposed site-specific amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall UGA; The Planning Commission finds that this criteria is not applicable to the proposal. VIII. The proposed amendment is consistent with the Growth Management Act (Chapter RCW), the County-Wide Planning Policy for Jefferson County, any other applicable inter-jurisdictional policies or agreements, and any other local, state or federal laws. The Planning Commission finds that the proposal, while not a site-specific amendment is consistent with the Jefferson County Comprehensive Plan, GMA,the Jefferson County county-wide Planning Policies, and other applicable regulations, rules, or statutes. The proposal clarifies definitions and processes to amend development and non-development regulations, [end of required findings] Recommendation Based upon formal deliberation concerning these proposed amendments reviewed under MLA19-00009, the Planning Commission submits these findings and recommendations for consideration by the Board of County Commissioners to accept and approve the proposed UDC text amendments. 8 • PC Recommendations Ordinance Modifying Title 18 JCC—MLA19-00009 To Board of County Commissioners The Planning Commission wishes to thank the Board for the opportunity to work in our communities and bring forward these recommendations. We look forward to working with the Board on the implementation projects that follow from the Comprehensive Plan's goals and policies. Transmitted File Location The transmitted files that accompany these finding and recommendations are located in the Community Development Laserfiche repository, accessible with the following web link: http://test.co.j efferson.wa.us/weblinkexternal/browse.aspx?dbid=0 Sincerely, /LC, / Y /0.4$ /9 Michael Nilssen Date 7 Planning Commission Chair 9 JEFFERSON COUNTY STATE OF WASHINGTON In The Matter of Enacting an } Ordinance No. Ordinance Amending Jefferson County } Code Chapters 18.05, 18.10, 18.40 & } 18.45 Regarding the Scope, Definition & } Amendment of Development Regulations } WHEREAS, Jefferson County Code (JCC) 18.45.090 provides a process to amend all sections of the Unified Development Code (UDC), including those that implement the goals and policies of the County's Comprehensive Plan (development regulations), and those that address administrative processes and procedures (procedural issues); and, WHEREAS, JCC 18.45.090 as currently written, requires all amendments to the UDC be brought before the Planning Commission for a review and recommendation to the Board of County Commissioners (BoCC); and, WHEREAS, the Planning Enabling Act, Chapter 36.70 RCW (PEA), and Growth Management Act, Chapter 36.70A RCW (GMA), define and control the process to enact and amend development regulations; and, WHEREAS, the RCW 36.70.030 authorizes the creation of a Planning Commission to assist the Planning Department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls or amendments thereto; and, WHEREAS, the GMA defines "development regulations" as "controls placed on development or land use activities by a county... but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto" and that a development 1 Ordinance No. regulation does not include process or procedural regulations, such as "a decision to approve a project permit application, as defined in RCW 36.70B.020;" and, WHEREAS, Local Project Review (Chapter 36.70B RCW) defines a project permit application as "excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection;" and, WHEREAS, neither the GMA or the PEA require Planning Commission review for adoption or amendment of procedural issues amendments; and, WHEREAS, it is beneficial to the County that time and resources of the Planning Commission focus on substantive comprehensive planning and its associated development regulations, such as updates to the Critical Areas Ordinance and Shoreline Master Program; and, WHEREAS, it is also beneficial to the County that staff time and resources to amend procedural issues be reduced; and, WHEREAS, a public hearing with approval and adoption by the BoCC will continue to be required for both development regulations and procedural issues amendments to the UDC; and, 4w WHEREAS, segregating the process to amend development regulations and amendments to procedural issues is common practice in other jurisdictions planning under GMA; and, WHEREAS, On January 28, 2019, at its regularly scheduled meeting, the BoCC made a motion which carried directing the Department of Community Development (DCD) to work with the Planning Commission to amend the UDC to separate the review of procedural issues from the review of development regulations; and; WHEREAS, processing as a Type V legislative action, with BoCC review, BoCC public hearing, BoCC approval and adoption will continue to be required for both development regulations and procedural issues amendments to the UDC; and, WHEREAS, on January 29, 2019 DCD staff initiated Zoning Case ZON19- 00004, aka MLA19-00009 to process proposed amendments to the UDC to clarify the definition of development regulations and the process to amend them; and, WHEREAS, On February 6, and February 20, 2019, DCD staff presented the subject proposed UDC amendments, staff report, and proposed amendments to the 2 Ordinance No. Planning Commission By-Laws to the Planning Commission at their regularly scheduled meetings; and, WHEREAS, DCD staff forwarded the proposed UDC amendments to the Department of Commerce on February 6, 2019 (Exhibit B), requesting expediting the review as required under JCC 18.45.090(5), and receiving approval on February 21, 2019; and, WHEREAS, DCD staff duly published notice of public hearing (ZON19- 00004) on February 20, 2019 to notify the public that the Planning Commission will hold a public hearing on March 6, 2019 to take public testimony on the subject UDC amendments, and to accept written comments on the proposal beginning on February 20, 2019 and ending on March 8, 2019; and, WHEREAS, the County Planning Commission having reviewed the issue, held a duly noticed public hearing on March 6, 2019, and received no written or oral testimony on the proposal; and, WHEREAS, the Planning Commission deliberated the proposed UDC amendments on March 20, 2019 and voted to approve their recommendation of March 28, 2019 (Exhibit C) and forward to the BoCC on April 15, 2019; and, WHEREAS, DCD has determined the proposed amendments to the UDC are consistent with the Jefferson County Comprehensive Plan by streamlining the process to implement Land Use Element Goal LU-G-14 Ensure responsive, fair, and efficient permit processing; and, WHEREAS, DCD has determined that the proposed amendments to the UDC are exempt from SEPA review under WAC 197-11-800(19)(b); and, WHEREAS, The BoCC having held a duly required and noticed public hearing on April , 2019 to hear testimony on the subject UDC text Amendments, deliberated and so moved to adopt amendments under separate ordinance; and, WHEREAS, the BoCC heard testimony on April , 2019 and having deliberated, and further instructed staff to prepare final versions of said ordinances that will have the force of law when this Ordinance is adopted; and, NOW, THEREFORE BE IT ORDAINED, that the Board of County Commissioners ordains as follows: 3 Ordinance No. SECTION 1. Code Amendment. The Jefferson County Code is hereby amended to include text additions and changes as indicated by red strikethrough and underlined text, Exhibit D. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances shall not be affected. SECTION 3. Legislative findings. The "Whereas" clauses, one and all of them listed in the enacting Ordinance, are deemed to be and shall be the legislative findings of the Jefferson County Commission and shall represent the legislative history of this Chapter of the Jefferson County Code. SECTION 4. Effective Date. This ordinance shall take effect immediately after passage. EXHIBITS Exhibit A: Ordinance No. Exhibit B: Department of Commerce email dated February 21, 2019 Exhibit C: Planning Commission Recommendation Exhibit D: Text Amendments 18.05.050, 18.10.040, 18.40.040, 18.45, 18.45.010 and 18.45.090 ' APPROVED AND SIGNED THIS DAY OF , 2019. S SEAL ti JEFFERSON COUNTY BOARD OF COMMISSIONERS 4' ,4^ Kate Dean, Chair David Sullivan, Member ATTEST Greg Brotherton, Member Carolyn Gallaway 4 Ordinance No. Deputy Clerk of the Board Approved as to form Philip C. Hunsucker Attorney Chief Civil Deputy Prosecuting • 5 Ordinance No.