14.30.090 Procedures for Type 5 review.
Decisions on all Type 5 permit applications shall be made by the city council following an open record public hearing.
A. Proposed amendments to the comprehensive plan including, but not limited to, the goals and policies, level of service standards, and the future land use map shall be considered by the city council no more frequently than once a year; provided, that:
1. The following amendments are not subject to this limitation:
a. The initial adoption of a sub-area plan.
b. The adoption or amendment of the shoreline master program.
c. Amendments to the capital facilities element concurrent with the adoption of the city’s budget.
d. An emergency exists.
e. Amendments necessary to resolve an appeal of the comprehensive plan filed with the Growth Management Hearings Board or with the courts.
2. The city will establish an annual process to solicit proposed comprehensive plan amendments from the public in accordance with the provisions of a public participation plan.
3. Proposed amendments to the comprehensive plan may be initiated by the city at any time.
B. Applications to amend CEMC Title 12, 14, 15, 16, 17, or 18 and/or a general, nonsite-specific amendment to the official zoning map, also known as a general rezone, may be submitted, or initiated at any time; provided, that:
1. Site specific rezone applications that require an amendment to the comprehensive plan or future land use map, shall be processed in conjunction with those amendments, and shall be subject to the annual limitations for processing proposed amendments to the comprehensive plan.
2. Amendments to this title may be held by the city for processing in conjunction with the annual review of comprehensive plan amendments.
3. Any diagrams or illustrations contained in this title are provided as a resource to the reader and may be changed by city staff without formally amending the code.
C. Applications subject to a Type 5 review shall be submitted in a format prescribed by the city.
1. The city staff shall determine if the application is complete and ready for processing and shall provide the planning commission with a preliminary report that describes the proposed amendment(s) and identifies the steps for processing the application. This report shall highlight the opportunities for public review and comment, required environmental reviews, and such steps that may be required to comply with applicable state laws and regulations, including but not limited to:
a. The Washington State Growth Management Act (GMA).
b. The Washington State Shorelines Management Act (SMA).
c. The Washington State Environmental Policy Act (SEPA).
2. Following a review of the application materials, the city staff shall conduct the required environmental review, make a SEPA threshold determination, and shall prepare and present a staff report to the planning commission highlighting items for discussion and recommended actions, as appropriate.
a. The SEPA comment period may be integrated with other required public reviews, such as the public review process required by the Growth Management Act.
3. The planning commission shall review the staff report, environmental documents, written comments from the public as well as from local, state, and federal agencies, and testimony presented at the required public hearing, and shall make a recommendation to the city council to approve, approve subject to conditions, or deny the proposed amendments. The recommendation of the planning commission shall be based on the official record of their proceedings and deliberations and shall include written findings addressing the following:
a. The need for the proposed amendment;
b. Whether the proposed amendment is in the public interest;
c. Consistency with the Cle Elum comprehensive plan and related documents;
d. Consistency with the Cle Elum future land use map;
e. Compliance with the provisions of the Cle Elum Municipal Code; and
f. Compliance with the provisions of the laws of Washington State including, but not limited to, the Washington State Growth Management Act and the Washington State Environmental Policy Act.
D. The city council shall take action to approve, approve subject to conditions, or deny the application(s) based on a review of the record provided by the planning commission; provided, that the city council may also remand proposed amendments to the planning commission for further research, review, and deliberations.
E. Nothing in this chapter shall preclude the city council from adopting moratoria or interim zoning controls in accordance with the provisions of RCW 36.70A.390 or as subsequently amended.