A. Purpose. The purpose of this section is to describe the procedures used when the city council makes legislative (not quasi-judicial, site-specific) decisions related to certain sections of the BIMC.

B. Applicability. This section applies to adoption of or amendments to the BIMC related to land use procedures and regulations, including area-wide rezones initiated by the city and area-wide rezones accompanying privately initiated amendments to the comprehensive plan.

C. Who Can Apply. Any person, entity, or the city may propose an amendment to the BIMC. The city may propose a rezoning on an area-wide basis, and private entities may request the city to consider an area-wide rezoning. If the proposed area-wide rezone is not consistent with the adopted comprehensive plan the applicant shall also submit an application for a comprehensive plan amendment with the rezone application. However, any owner or authorized agent, or group of owners of contiguous property acting jointly, must represent at least 75 percent of the assessed valuation of the subject properties.

D. Planning Commission Review and Recommendation.

1. Planning commission review and recommendation is required for amendments to this chapter, and BIMC Titles 16, 17, and 18, area-wide rezones initiated by the city, or area-wide rezones associated with a privately initiated amendment to the comprehensive plan.

2. The planning commission shall hold a public hearing for all amendments to the official zoning map and municipal code of the city prior to issuing a recommendation to the city council.

3. Any person may participate in the public hearing. The planning commission has discretion to limit testimony to relevant, nonrepetitive comments and to set time limits.

4. Any person may submit written comments, photographs or other exhibits on the proposed amendment to the planning commission prior to or at the public hearing.

5. The planning commission shall maintain a record of the exhibits presented and a tape recording of the testimony and arguments presented, which shall be kept by the city clerk.

E. Planning Commission Action and Written Recommendation.

1. In making a recommendation, the planning commission shall consider applicable decision criteria of this chapter, all applicable law, the comprehensive plan, public comment, and any necessary documents and approvals.

2. The planning commission shall issue a written recommendation that contains (a) a statement recommending that the proposed amendment be approved, approved as amended, or denied, and (b) a statement of facts upon which the recommendation is based and the conclusions derived from those facts.

3. The planning commission’s written recommendation and other documents upon which its decision is based shall be immediately transmitted to the city council and department director.

F. City Council Review.

1. The city council shall have the option to hold a public hearing on the proposed amendment. Any person may participate in the public hearing, if held. The city council has discretion to limit testimony to relevant, nonrepetitive comments and to set time limits.

2. Any person may submit written comments, photographs, or other exhibits on the proposed amendment to the city council prior to or at the public hearing.

3. The city council shall maintain a record of the exhibits presented and a tape recording of the testimony and arguments presented, which shall be kept by the city clerk.

G. City Council Action.

1. The city council shall either adopt an ordinance amending the BIMC, reject the proposal, or remand the proposed amendment to the applicable department, the city council committee, or the planning commission for further consideration.

2. The city council shall consider the following in deciding upon a proposed regulation:

a. Testimony presented, or the minutes of any city council public hearing, on the proposed amendment; and

b. Any written material submitted as part of the public hearing process; and

c. The recommendation of the planning commission and applicable department director; and

d. Any applicable decision criteria; and

e. Any relevant RCW or WAC.

H. Transmittal to State. The department shall notify the appropriate Washington State Department of Commerce of its intent to adopt a development regulation at least 60 days prior to final passage and shall also transmit a copy of all adopted amendments within 10 days after passage by the city council. (Ord. 2018-20 § 12, 2018; Ord. 2011-02 § 2 (Exh. A), 2011)