HomeMy WebLinkAbout03-07-2023 P.C. PACKET 03.07.23Planning Commission Meeting
March 7, 2023 - 7:00 P M
City Hall Council Chambers
A GE NDA
I .P UB L I C PART I C IPAT IO N
A .P ublic P articipation I nformation
The City of A uburn P lanning Commission Meeting scheduled for Tuesday, March 7,
2023, at 7:00 p.m. will be held in person and virtually. To attend the meeting virtually,
please click one of the below links, or call into the meeting at one of the phone
numbers below:
J oin Z oom Meeting
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Meeting I D: 810 4168 5510
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Meeting I D: 810 4168 5510
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I I .C AL L T O O RD E R
A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM
B .P L E D G E O F AL L E G I ANC E
I I I .P UB L I C C O M M E NT
Comment from the audience on any proposal for action by the Commission. I f the comment
is related to an action subsequently listed here as a public hearing, the comment should be
provided at the time of the public hearing.
I V.AP P RO VAL O F M INUT E S
A .J anuary 4, 2023 Minutes from the Regular Planning Commission Meeting
V.O T HE R B US I NE S S
A .2024 Comprehensive P lan Overview (S teiner)
S ee attached Memorandum
Page 1 of 46
B .Annual Review of P lanning Commission Rules of Procedure (Dixon)
S ee attached Memorandum
V I .C O M M UNIT Y D E V E L O P M E NT RE P O RT
V I I .AD J O URNM E NT
The City of Auburn Planning Commission is a seven member advisory body that provides
recommendations to the Auburn City Council on the preparation of and amendments to land
use plans and related codes such as zoning. Planning Commissioners are appointed by the
Mayor and confirmed by the City Council.
Actions taken by the Planning Commission, other than approvals or amendments to the
Planning Commission Rules of Procedure, are not final decisions; they are in the form of
recommendations to the city council which must ultimately make the final decision.
Page 2 of 46
AGENDA BILL APPROVAL FORM
Agenda Subject:
January 4, 2023 Minutes from the Regular Planning
Commission Meeting
Date:
February 22, 2023
Department:
Community Development
Attachments:
January 4, 2023 P.C. Meeting Minutes
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:
Meeting Date:March 7, 2023 Item Number:
Page 3 of 46
Planning Commission Meeting
J anuary 4, 2023 - 7:00 P M
City Hall Council Chambers
MINUT E S
I .P UB L I C PART I C IPAT IO N
A .P ublic P articipation I nformation
T he City of Auburn Planning Commission M eeting was held in
person and virtually.
I I .C AL L T O O RD E R
Chair J udi Roland called the meeting to order at 7:00 p.m. in the
Council Chambers of Auburn City Hall, 25 West M ain Street.
A .RO L L C AL L/E S TAB L I S HM E NT O F Q UO RUM
Commissioners present: Chair J udi Roland, Vice Chair P hillip
S tephens, J ulie Berry, Dimitri M outzouris, and Kent S prague.
Commissioner Hanan Amer was excused.
J oan M ason resigned her role as Commissioner effective 12/5/2022.
S taff members present: Senior P lanner J osh S teiner, P lanning
S ervices M anager J eff Dixon, S enior City Staff Attorney Doug Ruth,
and Deputy City Clerk Rebecca Wood-P ollock.
B .P L E D G E O F AL L E G I ANC E
Chair Roland led those in attendance in the Pledge of Allegiance.
I I I .P UB L I C C O M M E NT
T here was no public comment.
I V.AP P RO VAL O F M INUT E S
A .December 6, 2022 Minutes from the Regular P lanning Commission Meeting
Commissioner Sprague moved and Commissioner M outzouris
seconded to approve the December 6, 2022 minutes.
M O T IO N C ARRIE D UNANIM O US LY. 5-0
V.O T HE R B US I NE S S
Page 1 of 4Page 4 of 46
A .Housing Action Plan Implementation P roject S tatus Update (S teiner)
City S taff and Tyler Bump from E C O Northwest consultant team will provide a status
update on the project and present draft results for consideration.
S enior Planner Steiner introduced E C O Northwest P rincipal Tyler
Bump who presented the Commission with the Housing Action P lan
Implementation P roject S tatus Update. His presentation included an
overview of middle housing, development feasibility, R-5 and R-7
zones, infrastructure availability, analysis structure, RLV (Residual
Land Value) methods, and conversion of existing housing types. M r.
Bump also discussed the physical and parcel summaries of
different development prototypes, including their feasibility and
affordability in the City of Auburn. He also shared the next steps in
the process, including rezoning, alignment of different options with
existing zones, potential middle housing allowances within the
Downtown P lan, parking, and transit.
P roject M anager Lee Ann Ryan with E C O Northwest presented the
Commission with preliminary recommendations, including current
and recommended dimensional and density standards for R-5 and
R-7 zones, parking, location, transit gaps, and middle housing
transportation demands.
P rincipal J eff Arango with Framework presented the Commission
with different images of housing prototypes and their feasibility, as
well as projections for density, parking, and landscaping.
S enior Planner Steiner explained thetimeline for the process and
how they will be included in the Comprehensive P lan.
T he Commission discussed cottage cluster housing,
condominiums and easements, definitions for R-5 and R-7 zones,
AD A access requirements, middle housing and the City of
P ortland's M iddle Housing Code, availability of builders, school
districts, utility districts and infrastructure, housing demand,
potential parking and commute issues, street size, transit routes,
subterranean parking costs, multifamily housing, upcoming
changes in legislature, bringing new businesses into downtown
Auburn, and the City's progress on the process.
B .Annual Review of P lanning Commission Rules of Procedure (Dixon)
S ee attached Memorandum
P lanning S ervices M anager J eff Dixon presented the Commission
with the existing Planning Commission Rules of P rocedure and
provided an opportunity for the Commission to recommend any
changes. He added that staff had not proposed any changes but
would reassess prior to the next meeting.
T he Commission discussed the existing Rules of P rocedure, recent
Page 2 of 4Page 5 of 46
changes in legislation, attendance among the Commissioners, and
the Commissioners' diligence in remaining neutral.
C.Annual Election of Officers (Dixon)
Commissioner M outzouris moved and Commissioner Sprague
seconded to appoint Chair Roland and Vice Chair Stephens as the
2023 Chair and Vice Chair of the Planning Commission.
M O T I O N C ARRI E D UNANI M O US LY. 5-0
V I .C O M M UNIT Y D E V E L O P M E NT RE P O RT
P lanning S ervices M anager Dixon informed the Commission that
the King County S upportive Housing Project invited business and
property owners to a meeting to discuss how they will address any
issues that may arise and their other sites have been successful.
T he Commission discussed who is intended to be housed by the
King County S upportive Housing Project, the Bridges Home
Owners Association meeting on Annexation into the City of Auburn
and the vote of interest in continuing with the annexation process,
existing open spaces and wetlands areas within the Bridges
P roject, and the L akeland Hills Home Owners Association.
J eff Dixon discussed how the Housing Action P lan will affect the
Comprehensive Plan and upcoming deadlines that the Planning
Department anticipates for the coming year.
J eff Dixon shared that the next Planning Comission meeting is
scheduled for F ebruary 7th, 2023.
V I I .AD J O URNM E NT
T here being no further business to come before the Planning
Commission, the meeting was adjourned at 8:27 p.m.
AP P RO V E D this 7th day of F ebruary, 2023.
_____________________ ______________________
J UD I RO L AND, C HAIR Rebecca Wood-Pollock, Deputy City Clerk
The City of Auburn Planning Commission is a seven member advisory body that provides
recommendations to the Auburn City Council on the preparation of and amendments to land
use plans and related codes such as zoning. Planning Commissioners are appointed by the
Mayor and confirmed by the City Council.
Actions taken by the Planning Commission, other than approvals or amendments to the
Planning Commission Rules of Procedure, are not final decisions; they are in the form of
Page 3 of 4Page 6 of 46
recommendations to the city council which must ultimately make the final decision.
Page 4 of 4Page 7 of 46
AGENDA BILL APPROVAL FORM
Agenda Subject:
2024 Comprehensive Plan Overview (Steiner)
Date:
February 22, 2023
Department:
Community Development
Attachments:
2024 Comp Plan P.C. Memo
2024 Comp Plan P.C. Pres entation
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:March 7, 2023 Item Number:
Page 8 of 46
Memorandum
To: Judi Roland, Chair, Planning Commission
Planning Commission Members
From: Josh Steiner, Senior Long-Range Planner, Comm. Dev. Dept.
Jeff Dixon, Planning Services Manager, Comm. Dev. Dept.
Date: February 23, 2023
Re: 2024 Comprehensive Plan Framework and Update
The Departments of Community Development, Public Works, and Parks, Arts and Recreation
are underway with the State mandated 2024 Periodic Comprehensive Plan update. This update,
due by December 2024, plans how the city will accommodate growth over the next 20 years.
This project results in analysis and work products that will be presented by staff to the Planning
Commission for consideration, public hearing, and a recommendation to the city council.
Auburn 2024 Comprehensive Plan Periodic Update
Each city and county in Washington state is required to conduct a periodic update of its
comprehensive plan and development regulations per RCW 36.70A.130 (The Growth
Management Act or GMA). In general, the purpose is to ensure consistency with the Puget
Sound Regional Council Vision 2050, the County-wide Planning Policies (for Auburn this means
both Pierce and King County), any changes in state laws over the intervening time, and to
respond to changing conditions within the local community. Under the GMA, all King County
cities, including Auburn are on an 8-year update cycle, with the next comprehensive plan due to
be adopted by December 2024. The GMA also defines the “elements” that make up a
comprehensive plan. Elements are similar to chapters. Mandatory elements include Land Use,
Housing, Capital Facilities, Transportation, Economic Development, Parks & Recreation, and
Private Utilities. Each of these elements is required to be fully updated during the 8-year update
process. Different city departments will be serving in a lead role for the specific elements that
they oversee (e.g. Parks, Arts and Recreation to oversee Parks & Recreation element, Public
Works to oversee Transportation element).
Internal Coordination
Since the comprehensive plan is a citywide plan, coordination among all departments is critical
in order to have a cohesive product. Coordination between all departments occurs at a monthly
meeting led by Planning Services, and provides opportunities for information sharing, issue
resolution, and strategy coordination. While the final comprehensive plan and related
development regulations is required by the Department of Commerce to be adopted by
December 2024, certain Elements and adopted by reference documents are on separate
timelines in order to meet adoption deadlines and because information contained in one
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element may help determine the contents of another element. This is specifically true of water
services and parks and recreation, which are further along in their respective planning and
adoption processes. A summary of anticipated changes to Elements will be provided in the
March 7, 2023 presentation by city staff.
Policy Updates
For the 2024 update, the city will be revising the look and feel of each of the Elements with the
goal of creating greater consistency between each Element and incorporating best practices
from area agencies. Changes are proposed to include revising each of the Element policy
sections to include Goals, Policies, and Actions to better align with GMA and PSRC policy
frameworks. A Policy Framework document provided by Community Development to all
departments helps to categorize existing policies and restructure how existing policies are
presented in the Elements. Additionally, the Transportation Element will now include Goals,
Policies, and Actions within the Element itself in addition to within the Comprehensive
Transportation Plan, which is adopted by reference.
State and Regional Requirements
Further considerations for the development and update of the comprehensive plan include
potential state and regional requirements for the inclusion, and analysis of, housing affordability
and adequate land provisions, racially disparate impacts, middle housing implementation, and
parking requirements. These topics are either being considered by the Washington State
Legislature in the current session or are being developed by the Department of Commerce or
PSRC, and any final requirements resulting from their process will potentially need to be
incorporated into the comprehensive plan, zoning designations, and development regulations.
It's important to note that the staff may pursue land use, zoning, and development regulation
changes that align with proposed housing and land use regulations even without a mandate.
More information on these requirements is expected by late spring 2023.
Up Next
Staff intends to meet with Planning Commission multiple times throughout 2023 as the project
proceeds through policy evaluation, public outreach, and technical analysis phases and
outreach program planning. Specific dates are to be determined as the final project schedule is
developed. However, it is anticipated that a Planning Commission briefing after a public
engagement period in summer 2023 will occur in Fall 2023. Additionally, Departments may
request to present to Planning Commission in Spring and Summer 2023 as per individual
Element project schedules. The formal comprehensive plan adoption process is expected to
occur in Winter 2024.
Feel free to contact either Josh Steiner, Senior Long-Range Planner at jsteiner@auburnwa.gov
or 253-804-5064 or Jeff Dixon, Planning Services Manager, at jdixon@auburnwa.gov or 253-
804-5033, with any questions.
Page 10 of 46
AUBURN
VALUES
SERVICE
ENVIRONMENT
ECONOMY
CHARACTER
SUSTAINABILITY
WELLNESS
CELEBRATION
PLANNING SERVICES
2024 COMPREHENSIVE
PLAN FRAMEWORK AND
UPDATES
JOSH STEINER, AICP, SENIOR PLANNER
PLANNING COMMISSION
MARCH 7, 2023
Department of Community Development
Planning Building Development Engineering Permit Center
Economic Development Community Services ●Code Enforcement
Page 11 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Each city and county in Washington state is required to conduct a periodic update
of its comprehensive plan and development regulations per RCW 36.70A.130 (The
Growth Management Act, or GMA)
Auburn first adopted a growth management
compliant Comprehensive Plan in 1995 in response
to the Washington State Growth Management Act
(GMA) requirements, as amended each year since.
The City adopted a substantially revised
Comprehensive Plan in Dec. 2015 by Ordinance
#6584. The Comprehensive Plan has been
amended annually each year since.
Page 12 of 46
The Comprehensive Plan must be consistent with:
Puget Sound Regional Council Vision 2050
Urban Growth Capacity Report (King)
Countywide Planning Policies (Pierce)
Changes in state laws over the intervening time (Commerce/GMA)
Respond to changing conditions within the local community.
GMA, PSRC, and CPP Requirements drive comprehensive plan update process.
Coordination with departments on Element and referenced plan updates
Coordination with Auburn Downtown Plan and HAPI Project
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Source: King County GMPC
Page 13 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Source: King County GMPC
Growth Management Act (GMA)
Series of statutes first adopted in 1990 that require fast-growing cities and counties to develop comprehensive plans to manage population growth.
Primarily codified under RCW 36.70A.020 with amendments
Establishes 13 goals that should act as the basis for all comprehensive plans
Department Commerce is primary contact for GMA -related issues
Page 14 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Source: King County GMPC
GMA establishes the primacy of the comprehensive plan
Centerpiece of local planning and articulates a goals, objectives, policies, actions, and standards that are intended to guide day-to-day decisions by elected officials and local government staff
GMA places strong emphasis on implementation
Current review cycle is 8 years, with Auburn’s next update due in December 2024
Page 15 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Vision 2050
Multicounty Planning Policy Document created by Puget Sound Regional Council (PSRC) which covers King, Pierce, Snohomish, and Kitsap Counties
Vision 2050 was adopted in October 2020 and builds from Vision 2040
Local jurisdictions prepare plans that must be consistent with multicounty and countywide policies
PSRC certifies countywide planning policies and local plans
Vision 2050 notes that region is projected to grow by about 1.6 million people and 1.1 million jobs by 2050. Auburn’s share of growth is found in Countywide Planning Policies
Page 16 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Countywide Planning Policies
Guidance for the comprehensive plans
Urban growth area boundary and criteria for revising growth boundary
Housing unit and employment growth targets (2019-2044)
Policies for issues of countywide nature
Covers Environment, Development Patterns, Transportation, Economy, Public Facilities
Updated to align with Vision 2050 and Regional Centers Framework, GMA changes, and Urban Growth Capacity Study (Buildable Lands Report)
KC CPP Identifies 2019-2044 housing targets (12,000 net new residential units, 19,520 net new jobs)
PC CPP (draft, 2022) identifies 2020-2044 housing targets (96 net new residential units, and 0 net new jobs)
Page 17 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
PSRC Regional Growth Center (RGC) Requirements
Regional Growth Strategy allocates most growth to Metro, Core, and High-Capacity Communities
Auburn’s Downtown is classified as a Core Regional Growth Center
RGC Boundaries and statistics updated in Auburn Downtown Plan
Page 18 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Auburn Comprehensive Plan Elements
Core Plan (Community Development)
Land Use Element (Community Development)
Housing Element (Community Development)
Transportation Element (Public Works) –Adopted by Reference as Comprehensive Transportation Plan
Capital Facilities (Finance)
Economic Development (Community Development)
Parks and Recreation (Parks)
Private Utilities (Public Works)
Historic Preservation (Community Development)
Climate Change –NEW (Community Development)
Page 19 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Purpose and Scope of Comprehensive Plan &Amendments
Policy Framework
Current Comp Plan includes combination of goals, policies, and other information
All Elements to be reformatted for consistency across all
Reformatting includes restructuring to Goals, Policies, and Actions to align with best practices
Planning Commission to review in 2023/2024
Page 20 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Anticipated Scope of Comprehensive Plan &Amendments
Auburn Comprehensive Plan Element –Community Development
Core Plan –Update all demographic information and update goals, policies, actions as appropriate for consistency
Land Use Element -Accommodate required 2044 housing and employment targets by reviewing existing zoned capacity and revising zoning and comprehensive plan map designations as needed. Incorporate preferred future land use from Auburn Downtown Plan update project.
Housing Element -Incorporate requirements of HB 1220 adopted in 2022 including identification of housing needs for various income bands. Address policies that encourage variety of housing types. Housing Needs Assessment document to be updated.
Historic Preservation –Revise and update information as necessary.
Climate Change –Create new Climate Change Element based on analysis provided by environmental consultant. Anticipated combination of existing, revised, and new goals, policies, and actions coordinated between all Departments.
Page 21 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Anticipated Scope of Comprehensive Plan &Amendments
Auburn Comprehensive Plan Element –Public Works
Transportation Element –Evaluation of the future transportation system needs based on the impact from the population and employment growth, review and revision of the transportation policies to align with the regional policies and guidance, as well as to address the future needs of the transportation system. Development of multi-modal level of service standards and policies to address the needs of the non-motorized system in addition to the vehicle capacity needs.
Utilities -Rework Element by incorporating some of the general City Utilities information that is currently covered in the Capital Facilities Element (ie, Description of system, and providing service), adding specific sections for Water, Sewer, and Storm (see below). Update policies related to private utilities located within the public way related to regulatory changes since the previous plan.
Water –General update of the Water Comprehensive Plan and structuring to fit the DOH Guidebook published in 2020; updating policies as related to the City’s implementation of the Capital Facilities Plan and evolving water regulations
Sanitary Sewer –General update of the Sanitary Sewer Comprehensive Plan; updating policies as related to the City’s implementation of the Capital Facilities Plan
Storm Drainage –General update of the Storm Drainage Comprehensive Plan; updating policies as related to the City’s implementation of the Capital Facilities Plan and NPDES requirements
Private Utilities -Update policies related to private utilities located within the public way related to regulatory changes since the previous plan.
Page 22 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Anticipated Scope of Comprehensive Plan &Amendments
Auburn Comprehensive Plan Element –Community Development, Public Works, Finance, Parks, Art, and Recreation
Economic Development Element -The Economic Development Division is updating the Economic Development Element in accordance with the guidelines set by PSRC and the GMA. The updated plan will reflect the latest trends and needs of our city's growing economy and will significantly differ from the current element to better meet the needs of our community. The new plan will enable our city to continue to thrive and remain competitive in the region.
Parks and Recreation -The major updates will include changing park needs calculations, going from acreage/resident to identifying the wants/needs of the residents. Review and updating Park Impact Fees and fee-in-lieu calculations.
Capital Facilities -Re-work Element to focus solely on Capital Facilities inventory and investments, removing general information pertaining the Utilities that should be under the Utilities Element
Page 23 of 46
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
State and Regional Requirements Updates
The City is moving forward with comprehensive plan process while additional information is expected from the state, PSRC, and Counties.
Housing Affordability Targets
State to provide methodology for determining the number of units needed for extremely low, very low -, low -, and moderate-income households. Future zoning will need to demonstrate capacity to meet these targets. (Spring 2023)
Racially Disparate Impacts Analysis
Examination of racially disparate impacts, displacement and exclusion risk in housing policies and regulations. Analysis of future zoning changes. (February 2023)
Population and Target Updates
Potential adjustments to household and employment targets resulting from census data updates (April 2023)
Middle Housing Legislation
Multiple bills are currently being considered that allow for middle housing in all existing residential zones, address minimum parking standards, SEPA regulations, and design review. (Spring/Summer 2023 with potential later implementation date)
Page 24 of 46
Proposed Schedule/Next Steps (tentative):
Planning Commission –Comp Plan Framework Overview (tonight)
City Council Study Session –Comp Plan Framework Overview (April 10)
Public Outreach –Late April Open House (In-Person and Virtual);
Summer 2023
Planning Commission and City Council Element Updates and
Presentations from Departments (Individual) –May to September 2023
Planning Commission Element Presentations –Fall 2023
Adoption process –Winter/Spring 2024
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 25 of 46
Any Questions?
2024 PERIODIC COMPREHENSIVE PLAN FRAMEWORK
AND UPDATE
SERVICE ENVIRONMENT ECONOMY CHARACTER SUSTAINABILITY WELLNESS CELEBRATION
Page 26 of 46
AGENDA BILL APPROVAL FORM
Agenda Subject:
Annual Review of Planning Commission Rules of Procedure
(Dixon)
Date:
February 22, 2023
Department:
Community Development
Attachments:
P.C. Rules of Procedure Continued Discus s ion
Memo
2023 COA PLANNING Legal Draft Rules of
Procedure
Budget Impact:
Current Budget: $0
Proposed Revision: $0
Revised Budget: $0
Administrativ e Recommendation:
Background for Motion:
Background Summary:
Rev iewed by Council Committees:
Councilmember:Staff:Dixon
Meeting Date:March 7, 2023 Item Number:
Page 27 of 46
MEMORANDUM
TO: Judi Roland, Chair, Planning Commission
Phillip Stephens, Vice-Chair, Planning Commission
Planning Commission Members
FROM: Jeff Dixon, Planning Services Manager
DATE: February 21, 2023
RE: March 7, 2023 Planning Commission Agenda Item: Continued Discussion of
Planning Commission Rules of Procedure
Continued Review of Modifications to PC Rules of Procedures
The Planning Commission’s (PC) Rules of Procedure were last amended on May 3,
2022. Annually, the Planning Commission reviews the Planning Commission Rules of
Procedure as a content reminder and to consider any modifications. At the Planning
Commission’s January 4, 2023 regular meeting, staff transmitted a copy of the Planning
Commission’s (PC) Rules of Procedure and requested that the Commissioners please
review the document and identify if any revisions are requested by the Commission.
Staff indicated that it would also comb through the Rules of Procedure to identify any
appropriate changes.
Community Development (Planning Services) and Legal Department staff reviewed the
latest adopted Rules of Procedure document and are recommending the following
described changes. The amendments are shown in red as strike-through (deletions),
and underline (additions).
Rules of Procedure Changes Proposed:
II. MEETINGS: Amendments in response to 2022 changes in the Open Public
Meetings Act (OPMA), Chapter 42.30 RCW and to increase consistency with
Rules of Procedure of the City Council.
IV. CHAIR: Change to align with quorum rules.
V. SECRETARY: Modifications in response to changes in City department taking
meeting minutes.
VI. QUORUM: Change to avoid having to cancel a planned presentation to the
Commission because of less than a quorum.
Page 28 of 46
X. PUBLIC HEARINGS: Changes in response to changes in the Open Public
Meetings Act, Chapter 42.30 RCW
XI. PUBLIC COMMENT AND CONDUCT: Changes in response to changes in
the Open Public Meetings Act, Chapter 42.30 RCW
Some further changes to the Table of Contents and pagination may be made
as the revisions to the document are finalized.
Conclusion
Transmitted is a version of the Rules with the changes described above. If the Planning
Commission has additional changes, these can be discussed, captured by staff, and
then these changes can be presented in writing and provided at the next regular
meeting. The amendments must be provided at a meeting prior to action (voting) as
provided in Section XIII, “Amendment”, which says:
“The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular meeting.”
Attachment A – Planning Commission Rules of Procedure as last amended May 3, 2022 & with staff
recommended changes shown in strike-through (deletions) & underline (additions).
Page 29 of 46
CITY OF AUBURN
PLANNING COMMISSION
RULES OF PROCEDURE
ADOPTED NOVEMBER, 1983
REVISED NOVEMBER, 1988
UPDATED APRIL, 2000
REVISED FEBRUARY, 2007
REVISED APRIL 2, 2013
REVISED MARCH 8, 2016
REVISED May 2, 2017
REVISED February 6, 2018
REVISED, 2018
REVISED June 5, 2018
REVISED March 5, 2019
REVISED March 3, 2020
REVISED June 8, 2021
REVISED May 3, 2022
Page 30 of 46
Page 2
(Page left intentionally blank)
Page 31 of 46
Page 3
PLANNING COMMISSION - RULES OF PROCEDURE
TABLE OF CONTENTS
SECTION SUBJECT PAGE
I. NAME .............................................................. 4
II. MEETINGS................................................... 4-5
III. ELECTION OF OFFICERS ........................... 65
IV. CHAIR ........................................................... 65
V. SECRETARY .................................................. 6
VI. QUORUM ...................................................... 76
VII. ABSENCE OF MEMBERS ............................ 76
VIII. ACTIONS DEFINED ...................................... 87
IX. AGENDA ...................................................... 7-8
X. PUBLIC HEARING ................................... 98-10
XI. PUBLIC COMMENT AND CONDUCT ...... 1413
XII. CONFLICT OF INTEREST ................... 1614-15
XIII. AMENDMENT ........................................... 1715
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CITY OF AUBURN PLANNING COMMISSION
RULES OF PROCEDURE
We, the members of the Planning Commission of the City of Auburn, do hereby
adopt, publish, and declare the following Rules of Procedure:
I. NAME:
The official name of the City of Auburn advisory planning agency shall be "The
City of Auburn Planning Commission." The membership and terms of office of
the members of the Planning Commission shall be as provided in Chapter
2.45 of the Auburn City Code (ACC).
II. MEETINGS:
1. All meetings will be held at the Auburn City Hall, Auburn, Washington,
unless otherwise directed by the Secretary or Chair of the Planning
Commission. Commissioners shall attend in person at the notified
location unless the Chair consents to remote attendance by a
member(s).
If after a declaration of an emergency by the mayor, governor, or the
federal government, the Chair determines that a meeting in-person with
public attendance cannot be held with reasonable safety due to the
emergency, the Chair may order the meeting held at a site other than
City Hall, held remotely without a physical location, or held with
limitations on the physical attendance of some or all members of the
public. At any such meeting, the Commission may determine if future
meetings will be held in the same manner until the declaration is
terminated or the Commission determines that an in-person meeting
with public attendance is reasonably safe. Remote or partially remote
meetings shall comply with RCW 42.30.230.
“remotely” and “remote attendance” means attending a meeting virtually
or using an internet connection where all persons attending the meeting
in any manner can hear one another, including telephonic connections
and broadcasting the meeting.
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2. Regular meetings shall be held on the Tuesday following the first
Monday of each month and shall be open to the public. The meeting
shall convene at 7:00 P.M. unless otherwise directed by the Secretary
or the Chair.
3. If the first Monday of the month is a legal holiday, the regular meeting
shall be held on the following Wednesday. If a regular meeting day
(Tuesday) falls on a legal holiday or on the November General Election,
the Commission will convene on the following Wednesday.
4. Special meetings of the Planning Commission may be called by the
Chair. Special meetings of the Planning Commission may also be
called by any three members of the Commission. A minimum notice of
24 hours shall be provided for special meetings in accordance with
State law.
5. If no matters over which the Planning Commission has jurisdiction are
pending upon its calendar, a meeting may be canceled at the notice of
the Secretary or Chair provided at least 24 hours in advance.
6. Except as modified by these Rules of Procedure, Robert's Rules of
Order, Newly Revised, most current version, shall govern the conduct
of the meetings.
7. Meetings of the Planning Commission shall be conducted in conformity
with the requirements of the Washington State Open Public Meetings
Act, Chapter 42.30 of the Revised Code of Washington (RCW).
Executive sessions can only be held in accordance with the provisions
of Section 42.30.110 RCW.
8. The Planning Commission may conduct business in closed session as
allowed in conformity with Section 42.30.140 RCW.
9. An agenda shall be prepared in advance of every regular and special
meeting of the Planning Commission. Meeting agendas and materials
on items on an agenda for a regular meeting shall be provided to
members of the Planning Commission not less than five (5) days in
advance of the regular meeting. Meeting agendas and materials on
items on an agenda for a special meeting shall be provided to members
of the Planning Commission as promptly in advance of the meeting as
can reasonably be accomplished.
10. At all meetings of the Commission, commissioners are prohibited from
using cell phones or other personal communication devices, and shall
not send or receive and read e-mails, text messages, or any other
social media postings.
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III. ELECTION OF OFFICERS:
1. The officers of the Commission shall consist of a Chair and Vice Chair
elected from the appointed members of the Commission and such other
officers as the Commission may, by the majority vote, approve and
appoint.
2. The election of officers shall take place once each year at the
Commission’s first regular meeting of each calendar year, or as soon
thereafter as possible. The term of office of each officer shall run until
the subsequent election.
3. If the Chair or Vice-Chair vacates their position mid-term, the Planning
Commission will re-elect officers at their next scheduled meeting and as
their first order of business. If it is the Chair position that has been
vacated, the Vice-Chair will administer the election proceedings.
IV. CHAIR:
1. The Chair shall preside over the meetings of the Commission and may
exercise all the powers usually incident of the office. The Chair shall be
considered as a member of the Commission and have the full right to
have his/her own vote recorded in all deliberations of the Commission.
2. The Chair shall have power to create temporary committees of one, two
or three more members. Standing committees of the Commission shall
be created at the direction of the Commission and appointed by the
Chair. Standing or temporary committees may be charged with such
duties, examinations, investigations and inquiries relative to one or
more subjects of interest to the Commission. No standing or temporary
committee shall have the power to commit the Commission to the
endorsement of any plan or program without the approval at the regular
or special meeting of the Commission.
3. The Vice Chair shall in the absence of the Chair, p erform all the duties
incumbent upon the Chair.
4. In the event of the absence of the Chair and Vice Chair, the senior
member of the Commission present shall act as Chair for that meeting
or may delegate the responsibility to another member.
V. SECRETARY:
The Community Development Director (“Director”), or his/her appointee, shall
act as the Secretary for the Planning Commission and shall keep a record of
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all meetings of the Commission and its committees. These records shall be
retained at the Community Development Department and by the City Clerk.
All public hearings shall be electronically recorded verbatim and may be
transcribed upon request of the Director, City Attorney, the majority of the
Commission, or City Council. Transcriptions may be requested by other
parties, in which case, the costs of transcription shall be borne by the
requesting party.
The City Clerk shall record the meeting minutes, which shall be action minutes
that include the meeting date, time, and place; commissioner attendance; and
official acts taken at the meeting. The Clerk shall prepare the minutes in
writing and present them to the Commission for correction and approval.
VI. QUORUM:
A simple majority of the appointed members shall constitute a quorum for the
transaction of business. A simple majority vote of the quorum present shall be
sufficient to take action on the matters before the Commission; provided that if
at any time during the meeting, a quorum is no longer present, the
Commission may not take action on any matter the meeting may only continue
for the time and duration necessary to fix a time for adjournment, adjourn,
recess or take measures to obtain a quorum.
VII. ABSENCE OF MEMBERS:
Participation in Planning Commission responsibilities is essential; not only so
that a quorum can be established, but to also ensure that discussions and
decision making are as representative of the community as possible.
Recurring absence also diminishes a member’s ability to vote on matters
discussed during prior meetings. It is therefore important for all appointed
members to participate to the maximum extent possible . If a member is
unable to participate on a regular basis, it may be appropriate for a member to
be replaced. This section of the rules is intended to provide standards that
ensure that the regular absence of one member does not become disruptive
to, or impede the work of, the full Commission.
In the event of a member being absent for two (2) consecutive regular
meetings, or being absent from 25% of the regular meetings during any
calendar year, without being excused by the Chair, the Chair may request that
the Mayor ask for his or her resignation. To be excused, members must inform
the planning commission’s secretary in advance if they cannot attend a
scheduled meeting.
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VIII. ACTIONS DEFINED:
The rules of the Commission impose different requirements according to the
type of action before the Commission.
1. Legislative actions are those which affect broad classes of people of the
whole City. These actions include adopting, amending, or revising
comprehensive, community, or neighborhood plans, or other land use
planning documents or the adoption of area wide zoning ordinances or
the adoption of a zoning ordinance amendment that is area wide in
significance.
2. Quasi-judicial actions of the Planning Commission are those actions
which determine the legal rights, duties, or privileges of specific parties
in a hearing or other contested case proceeding. Quasi-judicial actions
include actions that would otherwise be administrative or legislative if
applied more widely or city-wide, rather than affecting one or a small
number of persons or properties. Quasi-judicial actions do not include
the legislative actions adopting, amending, or revising comprehensive,
community, or neighborhood plans or other land use planning
documents or the adoption of area-wide zoning ordinances or the
adoption of a zoning amendment that is of general or area-wide
significance.
3. Organizational actions are those actions related to the organization and
operation of the Commission. Such actions include adoption of rules,
directions to staff, approval of reports, election of officers, etc.
IX. AGENDA:
An agenda shall be prepared for each meeting consisting of the following
order of business:
1. CALL TO ORDER
a) Roll Call/Establishment of Quorum
b) Pledge of Allegiance
2. Approval of Minutes
3. Public Hearings
4. Other Business Items as Appropriate
5. Community Development Report
6. Adjournment
Additional items may be added to the agenda by the Planning Commission.
The Chair shall have the discretion to amend the order of business.
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X. PUBLIC HEARINGS:
The procedure for conducting all public hearings will be as follows:
1. Chair opens the public hearing and establishes whether the proponent,
if applicable, is in attendance.
2. Staff Report.
3. Testimony of Proponent, if applicable. Persons addressing the
Commission, who are not specifically scheduled on the agenda, will be
requested to step up to the podium, give their name and address for the
record, and limit their remarks to three (3) minutes, in addition to filling
out the speaker sign in sheet available at the Secretary’s desk. All
remarks will be addressed to the Commission as a whole. The
Secretary shall serve as timekeeper. The Presiding Officer may make
exceptions to the time restrictions of persons addressing the
Commission when warranted, at the discretion of the Presiding Officer.
4. Chair calls for other testimony, either for or against. Testimony must be
called for three times. The Chair shall have the discretion to set time
limits on individual public testimony.
5. All testimony and comments by persons addressing the Commission
shall be relevant and pertinent to issues before the Commission’s public
hearing. The Chair shall have the discretion to rule on the relevance of
individual public testimony.
6. Questions of staff or persons presenting testimony. Questions by
Planning Commissioners that are intended for persons who have
provided testimony shall be directed through the Chair. Questions to
persons who have provided testimony shall be relevant to the testimony
that was provided.
7. Chair closes public hearing.
8. A public hearing may be reopened by motion duly seconded and
approved by a majority vote to accept additional testimony.
9. Deliberation.
10. Voting:
A. The Chair shall call for a vote.
B. Members shall vote by voice, unless a member is unable to do
so or a member requests a vote by show of hands. If unable to
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vote by voice, a member shall make a clear expression of the
member’s vote through raising a hand, sending an electronic
message or electronic signal that can be seen by all other
commissioners simultaneous with the vote, or other similarly
clear and timely action Any member, including the Chair, not
voting or submitting an unclear vote shall be recorded as voting
in the negative.
C. The Chair or a Commission member may request that the
Secretary take a roll call vote or a vote by show of hands. Also,
to ensure an accurate record of voting, the Secretary may take
either on his/her own initiative.
D. A member may abstain from discussion and voting on a question
because of a stated conflict of interest or appearance of fairness.
If any member of the Planning Commission wishes to abstain, or
has disclosed a conflict of interest and must abstain from a vote,
that member shall so advise the Commission, shall remove and
absent himself/herself from the deliberations, and considerations
of the matter, and shall have no further participation in the
matter. The member should make this determination prior to any
discussion or participation on the subject matter or as soon
thereafter as the member perceives a need to abstain. A
member may confer with the City Attorney to determine if the
member is required to abstain.
If the intended abstention can be anticipated in advance, any
conference with the City Attorney should occur prior to the
meeting at which the subject matter would be coming before the
Planning Commission. If that cannot be done, the member
should advise the Chair that he/she has an "abstention question"
that he/she wants to review with the City Attorney, in which case,
the Chair shall call a brief recess for that purpose before
proceeding further.
E. If a tie vote exists, after recording the Chair's vote, the motion
fails. However, a motion for denial that fails on a tie vote shall
not be considered an approval.
F. No member may participate in any decision if the member had
not reviewed the staff reports and testimony presented at the
hearing on the matter. Such member may, however, listen to the
recording of the hearing in order to satisfy this requirement.
11. Continuing an Item:
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If the Commission wishes to continue a public hearing item, the Chair
should open the public hearing, solicit testimony, and request a motion
from the Commission to continue the public hearing item to a time,
place, and date certain. If any matter is tabled or postponed without
establishing a date, time, and place certain, the matter shall be
scheduled for a hearing pursuant to the appropriate noticing procedure
in the Auburn City Code and the day, time, and place shall be those
defined in these rules for regular meetings of the Commission(ACC)
Section 18.68.040 before the matter may be considered again.
The secretary shall conspicuously post notice that a hearing has been
continued and the date, time, and location of the continued hearing on
the City’s website and at or near the place where the continued meeting
was held.
12. Findings of Fact:
The Commission should adopt findings of fact and conclusions for
actions taken involving public hearing items. The findings and
conclusions may be approved by any one of the following methods:
A. The Commission may adopt in whole, in part, or with
amendments, the written findings prepared by staff. Motions to
approve the staff recommendations shall be deemed to
incorporate such findings and conclusions unless otherwise
indicated. Such findings and conclusions do not have to be read
in order to be deemed a part of the record.
B. The motion to take action may adopt oral finding of fact
statements made by Commission members or staff during the
hearing or deliberation.
C. The motion to take an action may direct that additional written
findings and conclusions be developed based on the hearing and
deliberation of the Commission.
D. Findings and conclusions may be approved or amended at any
time by the Planning Commission, but all such actions shall be
based on the record of the matter at hand.
13. Order of Hearings:
Normally the order of hearings shall be as published in the agenda.
However, the Chair in order to avoid unnecessary inconvenience to
people wishing to testify, or the late arrival of a proponent, may change
the order as may be necessary to facilitate the meeting. If the
proponent does not appear at the public hearing, the Planning
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Commission may continue the public hearing until the next meeting in
order to ensure adequate consideration of the proposal. However, in
such case the Chair shall take whatever testimony that may be given
before accepting a motion to continue pursuant to Section (8).
14. Hearing Record
A. The “record” for a public hearing shall consist of all testimony or
comment presented at the hearing and all documents or exhibits
that have been submitted, according to these rules, in
connection with the matter being considered. Specifically, the
record shall include, but not limited to the following:
• Recordings of a hearing;
• The hearing agenda, attendance sheet(s), and the
Secretary’s minutes;
• All final staff recorded testimony, presentations, documents,
maps, reports, memos, and other staff-produced evidence
submitted to the Commission to assist it make a decision or
recommendation regarding the agenda topic that is the
subject of the hearing subject matter;
• All submissions to the City by the proponent of the hearing
subject matter;
• The Planning Commission’s findings of fact and formal
recommendation, and record of any other action taken by the
Commission;
• Any document publicly cited by the Commission or a
Commission member in connection with a decision or
recommendation.
B. Anyone wanting to submit into the record physical evidence (e.g.
documents, letters, photographs, maps) shall provide the
evidence to the Secretary. Persons may submit evidence by
email or other electronic means to:
Planning@auburnwa.gov
or by post mail to:
Secretary of the Planning Commission
Community Development Dept.
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
Additionally, a person may submit evidence into the record at the
public hearing. However, Commission members may not be
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able to consider evidence that is submitted at the time of the
hearing. The Secretary will enter the evidence into the record
without the necessity of it being read into the record and shall
make note in the minutes that the evidence was entered.
Persons submitting evidence are discouraged from reading
verbatim the evidence at a hearing; they are encouraged rather
to summarize such evidence during testimony. It may not be
possible to copy evidence submitted at the time of a hearing. All
material submitted to the record by whatever means may be
subject to disclosure to the public under the Public Records Act,
RCW 42.56.
C. The Planning Commission will accept evidence into the record
prior to the date and time of the close of the public hearing. The
Commission may close the record at an earlier time upon
approval by a majority of the Commission. If the Commission
reopens a hearing, the record shall also be reopened to
submission of evidence. The Commission may accept evidence
into the record after close of a hearing if it has not already
adopted a recommendation or decision on the matter being
considered and if a majority of the Commission finds that the
Commission would substantially benefit from the material be ing
submitted into the record.
D. All evidence shall be suitable for copying for distribution (e.g. will
be legible and on paper not exceeding 8-1/2 x 14 inches in size,
except diagrams or drawings) and shall identify at the top of the
first page or on a cover sheet the date(s) of the public hearing,
the date the evidence was submitted, and the submitter’s contact
information. All pages shall be consecutively numbered,
regardless of the number of different documents submitted. Any
submitted material proposing revisions to Auburn City Code shall
show the revisions by striking out the text proposed to be
removed from the code (e.g. for example) and underlining text
proposed to be added to the code (e.g. for example).
E. Submitted evidence must consist of less than 100 pages, unless
a majority of the Commission approves accepting submissions
exceeding that number. If the Commission does not so approve,
a person submitting evidence exceeding this page number shall
have 3 business days from the close of the hearing to comply
with the page limit. Evidence submitted by the city is not subject
to this page limitation.
F. All digital or electronic submissions shall be sent to the
Commission Secretary as an attachment to an email and may
not exceed 20 megabytes. The email shall state the hearing date
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and topic that the digital documents regard. Submissions larger
than 20 megabytes shall be transmitted by a different e lectronic
method pre-arranged with the Secretary. The digital or
electronic evidence shall be in portable document format (PDF)
and otherwise meet the requirements for physical evidence (e.g.
consist of no more than 100 pages, be consecutively paginated,
etc.). No audio or video evidence will be accepted without prior
consent of a majority of the Commission. Evidence submitted by
email shall be considered received at the date and time the email
arrives in the Secretary’s email box, or the date and time of a
delivery receipt if one is requested by the sender. If desired, it is
the sender’s responsibility to remove metadata from digital
submissions.
XI. PUBLIC COMMENT AND CONDUCT:
1. In any meeting when the Commission takes final action, the
Commission shall provide an opportunity for the submission of written
comment at or before its meeting and oral comment during the
meeting.
“Final action” means a collective positive or negative decision, or an
actual vote by a majority of Commission members on a motion,
proposal, resolution, or order.
2. Persons may address the Commission by filling out a speaker sign-in
sheet (available at the entrance to the room or from the staff) and
when recognized by the Chair, stepping to the podium, lectern, or table
designated by Chair for speaking.
3. Public remarks will be limited to 3 minutes unless the Chair consents to
an extension of time. Speakers may not “donate” their speaking time
to others. Comments will be addressed to the Commission as a body
and not to individual commissioners.
4. Public comment at a meeting is reserved for topics that are not the
subject of a public hearing being conducted at that same meeting.
Persons may comment on public hearing topics at the time for
testimony during the public hearing.
5. Written public comments not submitted for a public hearing, shall be
submitted to the Secretary no later than 3 business days before the
meeting for which the comments will be distributed. Written comments
shall be limited to 1000 words of 12-point font. Any related diagrams,
pictures, or drawings will be limited to three pages. Once submitted,
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the secretary shall distribute the written comments to the
commissioners for consideration.
6. These rules are intended to promote an orderly system of holding public
meetings and public hearings. Any person who causes a disruption by
making personal, impertinent or slanderous remarks or noises, by using
speech intended to incite fear of violence, by failing to comply with the
allotted time established for the individual speaker’s public comment, by
yelling or screaming in a manner that prevents the Commission from
conducting the meeting, or by other disruptive conduct while addressing
the Commission at a public hearing may be barred from further
participation by the Chair, unless permission to continue is granted by a
majority vote of the Commission.
37. No comments shall be made from any other location other than the
podium, lectern or table set up for people to address the Commission at
a public hearing, unless approved in advance by the Chair, and anyone
making irrelevant, distracting, or offensive comments or noises that are
disruptive may be subject to removal from the meeting.
48. Demonstrations, disruptive applause, other disruptive behavior, or
audience interruption during anyone’s presentation are prohibited. It is
distracting to the Commission, the audience, and persons testifying and
renders orderly conduct of the meeting unfeasible.
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XII. CONFLICT OF INTEREST:
1. Any member of the Commission who in his or her opinion has an
interest in any matter before the Commission that would tend to
prejudice his or her actions shall publicly indicate, step down and leave
the meeting room until the matter is disposed. A member need only be
excused from legislative or organizational action if the potential conflict
of interest is direct and substantial.
A. No member of the Planning Commission may use his or her
position to secure special privileges or exemptions for himself,
herself, or others.
B. No member of the Planning Commission may, directly or
indirectly, give or receive or agree to receive any compensation,
gift, reward, or gratuity from a source except the employing
municipality, for a matter connected with or related to the
officer's services as such an officer unless otherwise provided for
by law.
C. No member of the Planning Commission may accept
employment or engage in business or professional activity that
the officer might reasonably expect would require or induce him
or her by reason of his or her official position to disclose
confidential information acquired by reason of his or her officia l
position.
D. No member of the Planning Commission may disclose
confidential information gained by reason of the officer's position,
nor may the officer otherwise use such information for his or her
personal gain or benefit.
E. No member of the Planning Commission may take any action
that is prohibited by Chapter 42.23 RCW or any other statutes
identifying conflicts of interest.
2. Appearance of Fairness:
Commission members shall strive to follow, in good faith, the
Appearance of Fairness Doctrine as established under Washington
State Law as it applies to quasi-judicial decisions (RCW 42.36) even for
legislative actions before the Commission. The doctrine includes but is
not limited to the following:
A. Members shall avoid communicating in respect to any proposal
with any interested parties, other than staff, outside of public
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hearings. Written communication from an interested party to a
member may be permitted provided that such communication is
made part of the record.
B. Members shall avoid drawing conclusions regarding decisions
until after the public hearing is closed.
C. Members shall avoid participating in decisions which affect their
or any family member's property, personal or business interest,
or organization.
D. Members shall avoid participating in decisions in which a
preconceived bias or conclusion has been formed in the mind of
the member prior to the hearing.
E. If any concern relating to Items A through D- should arise, the
affected member shall declare at the start of the public hearing
on the matter, the extent of such concern and whether the
member's decision has been influenced. If the member has
been influenced, or if the extent of the concern is significant, the
member shall be excused by the Chair from the meeting room
and his vote recorded as an abstention.
If, under these rules, a quorum would be excused from the meeting, the
Chair in order to establish a quorum, shall under the rule of necessity,
permit sufficient members (beginning with those who are least affected
by these rules) to participate in the decision.
These rules are intended to be consistent with RCW 42.36. In the case
of any conflict, RCW 42.36 or applicable case law shall govern.
XIII. AMENDMENT:
The Rules of Procedure may be amended at any regular meeting of the
Commission by a majority vote of the entire membership. The proposed
amendment should be presented in writing at a preceding regular meeting. By
a two-thirds affirmative vote of the quorum present at a meeting, the
Commission may suspend the rules as authorized by Robert’s Rules of Order,
except when such suspension would conflict with state law or city ordinance.
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