Tacoma, WA Zoning Ordinance

Tacoma City Zoning Code

CHAPTER 13

02 Planning Commission

§ 13.02.010 Creation - Appointment.

Pursuant to the authority conferred by Article II, Section 11, of the Constitution of the State of Washington, and Section 3.8 of the Tacoma City Charter, there is hereby created a City Planning Commission consisting of nine members, who shall be residents of Tacoma. The members shall be appointed and confirmed by a majority of the City Council. One member shall be appointed by the City Council for each of the five council districts. The Council shall appoint to the four remaining positions an individual from each of the following: (a) the development community; (b) the environmental community; (c) public transportation; and (d) a designee with background of involvement in architecture, historic preservation, and/or urban design.

At the expiration of each respective three-year term, a successor shall be appointed by the City Council. Each Commissioner may serve until appointment and qualification of a successor.

Vacancies occurring otherwise than through the expiration of term shall be filled for the unexpired terms. Members may be removed by a majority of the Council, after public hearing, for inefficiency, neglect of duty, or malfeasance in office. Members are expected to attend Commission meetings and to fully participate in and contribute to the work of the Commission. Any member who is absent from three consecutive meetings without being excused or six meetings in a calendar year, whether excused or unexcused, should be deemed to have forfeited the office and a new member may be appointed to fill the unexpired term. The members shall be selected without respect to political affiliations and they shall serve without compensation. The members shall abide by the City’s Code of Ethics as provided in TMC Chapter 1.46.

(Ord. 14983 § 1, 1954-03-01; Ord. 18877 § 1, 1969-07-15; Ord. 20183 § 1, 1974-08-13; Ord. 20266 § 1, 1974-12-17; Ord. 24942 § 1, 1991-07-02; Ord. 25318 § 1, 1993-06-08; Ord. 26386 § 28, 1999-03-23; Ord. 28336 Ex. C, 2015-12-01; Ord. 28518 Ex. 6, 2018-06-26)

§ 13.02.015 Establishment of advisory committees.

In order to carry out its duties and functions prescribed by this chapter, the Planning Commission may establish advisory committees as it deems appropriate. Advisory committees shall serve at the discretion of the Commission and their duties and scope of responsibilities shall be established by the Planning Commission. The members of such advisory committees shall be appointed and confirmed by a majority of the City Council, except that the Planning Commission, in such instances as it deems appropriate, may designate that the chairperson of an advisory committee be a regular appointed member of the Planning Commission and shall be selected by a majority vote of the Commission. Nothing in this section shall be construed to authorize members of such advisory committees to be members of the Planning Commission.

(Ord. 20266 § 2, 1974-12-17; Ord. 25318 § 2, 1993-06-08)

§ 13.02.016 (Repealed) [1]

(Definitions. Ord. 25850 § 2, 1996-03-12; Ord. 27079 § 8, 2003-04-29; repealed by Ord. 27172 § 3, 2003-12-16)

[1]

Note: See also § 13.01.020 (previously 13.02.043).

§ 13.02.020 Meetings – Officers – Records.

The Commission shall elect its own chairperson and create and fill such other offices as it may determine it requires. All meetings of the Commission or its advisory committees shall be open to the public pursuant to Chapter 42.30 RCW, Open Public Meetings Act. The Commission shall adopt rules for transaction of business. Records of all official Commission proceedings shall be kept by the City Clerk and shall be open to public inspection. The City Manager shall assign to the Commission and its advisory committees a place of meeting in which to meet and transact business.

(Ord. 14983 § 2, 1954-03-01; Ord. 20266 § 3, 1974-12-17; Ord. 24942 § 2, 1991-07-02; Ord. 27813 Ex. A, 2009-06-30; Ord. 28336 Ex. C, 2015-12-01)

§ 13.02.030 Expenditures – Budget.

The expenditures of the Commission shall be limited to appropriations made to the Planning and Development Services Department (“Department”) by the City Council for the planning function of the City. The services and facilities of the Department shall be utilized by the Commission in performing its duties.

(Ord. 14983 § 3, 1954-03-01; Ord. 20266 § 4, 1974-12-17; Ord. 24942 § 3, 1991-07-02; Ord. 26386 § 29, 1999-03-23; Ord. 27466 § 33, 2006-01-17; Ord. 27813 Ex. A, 2009-06-30; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. C, 2013-06-25)

§ 13.02.040 Duties and responsibilities.

The Planning Commission is hereby vested with the following duties and responsibilities:

To prepare the Comprehensive Plan and its elements, pursuant to Revised Code of Washington Chapter 36.70A, that are concerned with protecting the health, welfare, safety, and quality of life of City residents.

To review and update the Comprehensive Plan and its elements, and recommend proposed amendments to the City Council.

To develop and prepare long-and short-range programs for implementation of the Comprehensive Plan.

To formulate effective and efficient land use and development regulations and processes that are consistent with and that implement RCW 36.70A and the goals and policies of the Comprehensive Plan.

To review and make recommendations on matters concerning land use and development, including area-wide zoning reclassifications, moratoria, and interim zoning.

To review the capital facilities program to ensure that the capital budgets and expenditures for public facilities and services are in conformity with the Comprehensive Plan.

To review the six-year transportation program for consistency with the Comprehensive Plan.

To ensure early and continuous public participation in the development, amendment, and implementation processes of the Comprehensive Plan and its elements, and in the development of land use and development regulations and amendments thereto.

To conduct periodic planning studies concerning land uses, demographics, infrastructure, critical areas, transportation corridors, housing, and other information useful in managing growth and augmenting the Comprehensive Plan, with an emphasis on doing this work through the use of land use and geographic information systems.

To work with the Landmarks Preservation Commission, pursuant to TMC Chapter 13.07, to designate historic special review districts and conservation districts within the City and to make recommendations to the City Council for establishment of such districts.

To conduct pre-annexation planning for areas which are within the City’s urban growth area and which may be reasonably expected to be annexed to the City. Planning for these areas may include, but not be limited to: land use; transportation; public facilities and services; capital facility needs; parks and open space; and zoning classifications and regulations. Areas not included in the Comprehensive Plan and annexed to the City will necessitate a plan amendment.

To develop the work program for the coming year in consultation with the City Council and provide an annual report to the City Council regarding accomplishments and the status of planning efforts undertaken in the previous year.

(Ord. 14983 § 4, 1954-03-01; Ord. 20266 § 5, 1974-12-17; Ord. 20560 § 1, 1975-09-30; Ord. 24942 § 4, 1991-07-02; Ord. 25696 § 4, 1995-04-25; Ord. 25850 § 3, 1996-03-12; Ord. 27079 § 9, 2003-04-29; Ord. 27172 § 4, 2003-12-16; Ord. 27813 Ex. A, 2009-06-30; Ord. 28157 Ex. C, 2013-06-25)

§ 13.02.043 (Repealed)

(Definitions. Ord. 27172 § 6, 2003-12-16; Ord. 27466 § 34, 2006-01-17; Ord. 28109 Ex. O, 2012-12-04; Ord. 28157 Ex. C, 2013-06-25; Ord. 28157 Ex. C, 2013-06-25; Ord. 28376 Ex. E, 2016-08-16; repealed and relocated to § 13.01.020 by Ord. 28613 Ex. G, 2019-09-24)

§ 13.02.050 Quorum. [1]

A simple majority of appointed, filled positions shall constitute a quorum for the transaction of official business.

(Previously codified as 13.02.041, relocated to § 13.02.050 by Ord. 28613 Ex. G, 2019-09-24)

[1]

Code Reviser’s note: Section 13.02.050 (Quorum) was previously repealed by Ord. 27172; the section number was reused by relocation of 13.02.041 by Ord. 28613 Ex. G.

§ 13.02.053 (Repealed)

(Area-wide zoning reclassifications. Ord. 27172 § 10, 2003-12-16; Ord. 27995 Ex. A, 2011-06-14; Ord. 28157 Ex. C, 2013-06-25; Ord. 28518 Ex. 6, 2018-06-26; repealed and relocated to § 13.05.030 by Ord. 28613 Ex. G, 2019-09-24)

§ 13.02.057 (Repealed)

(Notice for public hearings. Ord. 27172 § 12, 2003-12-16; Ord. 27813 Ex. A, 2009-06-30; Ord. 28157 Ex. C, 2013-06-25; Ord. 28336 Ex. C, 2015-12-01; Ord. 28376 Ex. E, 2016-08-16; repealed and relocated to § 13.05.070J by Ord. 28613 Ex. G, 2019-09-24)

§ 13.02.060 Comprehensive Plan. [1]

The Comprehensive Plan is the City’s official statement concerning future growth and development. It sets forth goals, policies, and strategies to protect the health, welfare, safety, and quality of life of Tacoma’s residents. The Comprehensive Plan must be consistent with and advance the goals of RCW 36.70A (“Growth Management Act”), the Multicounty Planning Policies for the Puget Sound Region (“VISION 2040”), the Regional Transportation Plan for the Puget Sound Region (“Transportation 2040”), the Countywide Planning Policies for Pierce County, and relevant Washington State statutes. The City shall carry out its programs, perform its activities, and make capital budget decisions in conformance with the Comprehensive Plan.

The Comprehensive Plan shall include the following planning elements:

A land use element. As required by RCW 36.70A.070, indicating the proposed generalized land use, including the suitability, capability, location, and number of acres of land devoted to such uses as residential, commercial, industrial, recreation, open space, and other uses.

A housing element. As required by RCW 36.70A.070, providing policies for the preservation, improvement, and development of housing, and including an inventory and analysis of existing and projected housing needs.

A capital facilities element. As required by RCW 36.70A.070, providing an inventory of the location and capacity of existing publicly-owned capital facilities, and a forecast of the future needs for such capital facilities, including the expansion of capital facilities, the construction of new facilities, and the maintenance requirements of existing facilities.

A utilities element. As required by RCW 36.70A.070, identifying the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

A transportation element. As required by RCW 36.70A.070, that implements and is consistent with the land use element, is regionally coordinated, and identifies the need for future transportation facilities and services, including system expansion and management needs.

An economic element. As required by RCW 36.70A.070, establishing goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life.

A recreation and open space element. As required by RCW 36.70A.070, that implements and is consistent with the capital facilities element as it relates to park and recreation facilities. This element should indicate the location and development of areas and public sites for recreation, natural conservations, parks, parkways, beaches, playgrounds, and other recreational and open space areas.

A process, pursuant to RCW 36.70A.200, for identifying and siting essential public facilities which are typically difficult to site.

A shoreline element. Pursuant to RCW 90.58, setting forth policies concerning economic development; public access and circulation; recreation; urban design, conservation, restoration, and natural environment; and historical, cultural, scientific, and educational values.

10.

A container port element. Developed collaboratively with the Port of Tacoma, as required by RCW 36.70A.085, establishing policies and programs that (a) define and protect the core areas of port and port-related industrial uses; (b) provide reasonably efficient access to the core area through freight corridors within the city limits; and (c) identify and resolve key land use conflicts along the edge of the core area, and minimize and mitigate, to the extent practicable, incompatible uses along the edge of the core area.

Subject to the provisions of Section 13.02.060, the Comprehensive Plan may include the following planning elements and any additional planning elements which the Commission or Council considers pertinent:

A community services and facilities element. Indicating the general location of all community services and facilities, and indicating the need and appropriate location for such services and facilities.

An environmental element. Indicating environmental conditions and natural processes, including climate, air quality, geology, hydrology, vegetation, wildlife, fisheries, critical areas, mineral resource lands, solar energy, and other natural factors and hazards that affect, or would be affected by, development.

A historic and conservation element. Identifying objects, areas, sites, or structures of historical, archaeological, architectural, or cultural significance.

An annexation element. Setting forth policies to guide orderly urban growth and designating areas for potential annexation for at least 20 years. The annexation element shall identify future land uses and consider development patterns, density, projected population growth, timing, and the provision of capital facilities and services, including capacity, financing, and expansion.

An urban design element. Addressing the design of development through the application of standards, guidelines, and recommendations for project review.

Sub-area elements. Setting forth policies concerning specific geographic areas of the City or concerning specific issues.

(Previously codified as 13.02.044, relocated to § 13.02.060 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08)

[1]

Code Reviser’s note: Section 13.02.060 was previously codified as “Reports”, previously repealed by Ord. 24942.

§ 13.02.070 Comprehensive plan amendment procedures.

Adoption and amendment by ordinance.

The Comprehensive Plan and its elements shall be adopted and amended by ordinance of the City Council, following the procedures identified in this section.

Consistency with Growth Management Act.

Adoption and amendment of the Comprehensive Plan must be consistent with the procedural requirements of RCW 36.70A and in compliance with applicable case law.

Timing for proposed amendments.

Amendments to the Comprehensive Plan shall be considered no more frequently than once each year except that amendments may be considered more frequently under the following circumstances:

An emergency exists;

The initial adoption of a sub-area plan;

The adoption or amendment of a shoreline master program under the procedures set forth in RCW 90.58;

The amendment of the Public Facilities and Services element and Capital Facilities Program of the Comprehensive Plan that occurs concurrently with the adoption or amendment of the City’s biennial budget; or

To resolve an appeal of the Comprehensive Plan decided by the Growth Management Hearings Board or a decision of the state or federal courts.

All proposed plan amendments shall be considered concurrently and, as appropriate, along with proposed amendments to development regulations, so that the cumulative effect of the various proposals can be ascertained. Proposed amendments may be considered annually, for which the amendment process shall begin in July of any given year and be completed, with appropriate actions taken by the City Council in accordance with Section 13.02.070G and H, by the end of June of the following year.

Application for comprehensive plan amendment.

A proposed amendment to the Comprehensive Plan may be submitted by any private individual, organization, corporation, partnership, or entity of any kind, including any member(s) of the City Council or the Planning Commission or other governmental Commission or Committee, the City Manager, any neighborhood or community council or other neighborhood or special purpose group, a department or office, agency, or official of the City of Tacoma, or of any other general or special purpose government.

Application for proposed amendments. Items initiated by the City Council, the Planning Commission, or the Department do not require an application. For all other items, the Department shall prescribe the form and content for applications for amendments to the Comprehensive Plan and development regulations.

Fees. Application fees shall be as established by City Council action.

Application schedule. The application deadline for any given annual amendment cycle shall be established by the Department no later than the last day of May. Those applications for amending the Comprehensive Plan received after the established deadline are less likely to be considered in the current annual amendment cycle and are more likely to be considered in a subsequent amendment cycle, unless determined otherwise by the Planning Commission.

The application shall include, but not be limited to, the following:

Project summary:

(1)

A description of the proposed amendment;

(2)

The current and proposed Comprehensive Plan land use designation and zoning classification for the affected area;

(3)

A description, along with maps if applicable, of the area of applicability and the surrounding areas, including identification of affected parcels, ownership, current land uses, site characteristics, and natural features;

(4)

The proposed amendatory language, if applicable.

Background.

(1)

Appropriate history and context for the proposed amendment, such as prior permits or rezones, concomitant zoning agreements, enforcement actions, or changes in use.

Policy review.

(1)

Identify and cite any applicable policies of the Comprehensive Plan that provide support for the proposed amendment;

Objectives.

(1)

Describe how the proposed amendment achieves the following objectives, where applicable:

•	Address inconsistencies or errors in the Comprehensive Plan or development regulations.
•	Respond to changing circumstances, such as growth and development patterns, needs and desires of the community, and the City’s capacity to provide adequate services.
•	Maintain or enhance compatibility with existing or planned land uses and the surrounding development pattern.
•	Enhance the quality of the neighborhood.

Community outreach.

(1)

A description of any community outreach and response to the proposed amendment;

Supplemental information.

(1)

Supplemental information as requested by the Department, which may include, but is not limited to:

•	completion of an environmental checklist,
•	wetland delineation study,
•	visual analysis,
•	or other studies.

Pre-application meeting.

(1)

The applicant is responsible for providing complete and accurate information. A meeting between the Department staff and the applicant to discuss the application submittal requirements before submitting an application is strongly advised.

Assessment of proposed amendments.

The Department shall docket all amendment requests upon submittal of a complete application, to ensure that all requests receive due consideration and are available for review by the public.

The Department will provide the Planning Commission with an Assessment Report for the proposed amendment applications that includes, at a minimum:

Whether the amendment request is legislative and properly subject to Planning Commission review, or quasi-judicial and not properly subject to Commission review;

Whether there have been recent studies of the same area or issue, which may be cause for the Commission to decline further review, or if there are active or planned projects that the amendment request can be incorporated into; and

A preliminary staff review of the application submittal;

Identification of other amendment options the Planning Commission could consider in addition to the amendment as proposed by the applicant; and

Whether the amount of analysis necessary is reasonably manageable given the workloads and resources of the Department and the Commission, or if a large-scale study is required, the amendment request may be scaled down, studied in phases, delayed until a future amendment cycle, or declined.

The Planning Commission will review this assessment and make its decision as to:

Whether or not the application is complete, and if not, what information is needed to make it complete;

Whether or not the scope of the application should be modified, and if so, what alternatives should be considered; and

Whether or not the application will be considered, and if so, in which amendment cycle.

The Planning Commission shall make determinations concerning proposed Comprehensive Plan amendments within 120 days of the close of the application period as set forth under § 13.02.070D.

The Planning Commission shall make determinations concerning proposed zoning and regulatory code amendments that do not require concurrent Comprehensive Plan amendments within 120 days of receiving an application.

Analysis of proposed amendments.

Upon completing the assessment and receiving an affirmative determination from the Planning Commission to accept the application, the proposed amendment will be analyzed by the Department.

The Department shall provide the Commission with a staff analysis report, which will include, as appropriate:

A staff analysis of the application in accordance with the elements described in § 13.02.070D;

An analysis of the consistency of the proposed amendment with State, regional and local planning mandates and guidelines;

An analysis of the amendment options identified in the assessment report; and

An assessment of the anticipated impacts of the proposal, including, but not limited to: economic impacts, noise, odor, shading, light and glare impacts, aesthetic impacts, historic impacts, visual impacts, and impacts to environmental health, equity and quality.

Planning commission review.

The Department will present the proposed amendment along with analysis conducted pursuant to Section 13.02.070F to the Planning Commission for review and direction. The Commission will conduct public meetings and hearings, and solicit comments from the general public, organizations and agencies, other governmental departments and agencies, and adjacent jurisdictions as appropriate.

In formulating its recommendations to the City Council concerning adoption or amendment of the Comprehensive Plan, the Planning Commission shall provide public notice and conduct at least one public hearing.

Advisory committees established in accordance with Section 13.02.015 may also conduct one or more public hearings prior to making recommendations to the Planning Commission.

Planning Commission public hearings for adoption or amendment of development regulations and processes, moratoria, or interim zoning may be, but are not required to be, held at the same time as and in conjunction with the public hearing(s) for adoption or amendment of the Comprehensive Plan.

For land use designation changes, the Department shall ensure that a special notice of the acceptance of the application by the Planning Commission for consideration in the current amendment cycle is mailed to all property taxpayers, as indicated in the records of the Pierce County Assessor, and occupants, within, and within 2500 feet of, the subject area. This special notice will inform property taxpayers that an application has been filed, identify where the application and background information may be reviewed, describe in general terms the review and public comment process, establish a time and place for an informational meeting with City staff, and solicit preliminary comments.

After a public hearing, the Department will prepare a report summarizing the public hearing comments, provide a response to comments and make further recommendations, if appropriate, and forward the report and all comments to the Planning Commission for consideration.

Findings and recommendations.

Upon completion of the public comment period and review of the public testimony, the Planning Commission will make a determination as to whether the proposed amendments are consistent with the following criteria:

Whether the proposed amendment will benefit the City as a whole, will not adversely affect the City’s public facilities and services, and bears a reasonable relationship to the public health, safety, and welfare; and

Whether the proposed amendment conforms to applicable provisions of State statutes, case law, regional policies, and the Comprehensive Plan.

The Commission will prepare a recommendation and supportive findings to forward to the City Council for consideration.

City Council public hearing and action.

At least one City Council public hearing on adoption or amendment of the Comprehensive Plan shall be held prior to final action by the City Council; prior to making a substantial change to the proposal recommended by the Planning Commission, the City Council shall hold an additional hearing or hearings, with the City Clerk giving notice pursuant to Section 13.05.070J.

Consistent with RCW 36.70A, the Department must notify the Washington State Department of Commerce and other required state agencies of the City’s intention to adopt or amend the Comprehensive Plan prior to adoption by the City Council, and must transmit copies of the adopted plan and any amendment after City Council action.

Amendments considered under emergency situation. The Planning Commission and the City Council may consider amendments to the Comprehensive Plan at any time as a result of an emergency situation. Emergency situations include situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property, prevent an imminent threat of serious environmental degradation, or address the absence of adequate and available public facilities or services as provided for in Chapter 13.16 of the Tacoma Municipal Code, decisions by the Growth Management Hearings Board or the State or Federal Courts, or actions of a State Agency or Office or the State Legislature, affecting Tacoma will be reviewed by the Planning Commission with advice from the City Attorney’s Office to determine if an appropriate “emergency” exists, necessitating an emergency Comprehensive Plan amendment.

(Previously codified as 13.02.045, relocated to § 13.02.070 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28786 Ex. A, 2021-11-16)

Tacoma City Zoning Code

CHAPTER 13

02 Planning Commission

§ 13.02.010 Creation - Appointment.

At the expiration of each respective three-year term, a successor shall be appointed by the City Council. Each Commissioner may serve until appointment and qualification of a successor.

§ 13.02.015 Establishment of advisory committees.

(Ord. 20266 § 2, 1974-12-17; Ord. 25318 § 2, 1993-06-08)

§ 13.02.016 (Repealed) [1]

(Definitions. Ord. 25850 § 2, 1996-03-12; Ord. 27079 § 8, 2003-04-29; repealed by Ord. 27172 § 3, 2003-12-16)

[1]

Note: See also § 13.01.020 (previously 13.02.043).

§ 13.02.020 Meetings – Officers – Records.

(Ord. 14983 § 2, 1954-03-01; Ord. 20266 § 3, 1974-12-17; Ord. 24942 § 2, 1991-07-02; Ord. 27813 Ex. A, 2009-06-30; Ord. 28336 Ex. C, 2015-12-01)

§ 13.02.030 Expenditures – Budget.

§ 13.02.040 Duties and responsibilities.

The Planning Commission is hereby vested with the following duties and responsibilities:

To review and update the Comprehensive Plan and its elements, and recommend proposed amendments to the City Council.

To develop and prepare long-and short-range programs for implementation of the Comprehensive Plan.

To formulate effective and efficient land use and development regulations and processes that are consistent with and that implement RCW 36.70A and the goals and policies of the Comprehensive Plan.

To review and make recommendations on matters concerning land use and development, including area-wide zoning reclassifications, moratoria, and interim zoning.

To review the capital facilities program to ensure that the capital budgets and expenditures for public facilities and services are in conformity with the Comprehensive Plan.

To review the six-year transportation program for consistency with the Comprehensive Plan.

§ 13.02.043 (Repealed)

§ 13.02.050 Quorum. [1]

A simple majority of appointed, filled positions shall constitute a quorum for the transaction of official business.

(Previously codified as 13.02.041, relocated to § 13.02.050 by Ord. 28613 Ex. G, 2019-09-24)

[1]

Code Reviser’s note: Section 13.02.050 (Quorum) was previously repealed by Ord. 27172; the section number was reused by relocation of 13.02.041 by Ord. 28613 Ex. G.

§ 13.02.053 (Repealed)

§ 13.02.057 (Repealed)

§ 13.02.060 Comprehensive Plan. [1]

The Comprehensive Plan shall include the following planning elements:

An economic element. As required by RCW 36.70A.070, establishing goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life.

A process, pursuant to RCW 36.70A.200, for identifying and siting essential public facilities which are typically difficult to site.

10.

A historic and conservation element. Identifying objects, areas, sites, or structures of historical, archaeological, architectural, or cultural significance.

An urban design element. Addressing the design of development through the application of standards, guidelines, and recommendations for project review.

Sub-area elements. Setting forth policies concerning specific geographic areas of the City or concerning specific issues.

(Previously codified as 13.02.044, relocated to § 13.02.060 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08)

[1]

Code Reviser’s note: Section 13.02.060 was previously codified as “Reports”, previously repealed by Ord. 24942.

§ 13.02.070 Comprehensive plan amendment procedures.

Adoption and amendment by ordinance.

The Comprehensive Plan and its elements shall be adopted and amended by ordinance of the City Council, following the procedures identified in this section.

Consistency with Growth Management Act.

Adoption and amendment of the Comprehensive Plan must be consistent with the procedural requirements of RCW 36.70A and in compliance with applicable case law.

Timing for proposed amendments.

Amendments to the Comprehensive Plan shall be considered no more frequently than once each year except that amendments may be considered more frequently under the following circumstances:

An emergency exists;

The initial adoption of a sub-area plan;

The adoption or amendment of a shoreline master program under the procedures set forth in RCW 90.58;

To resolve an appeal of the Comprehensive Plan decided by the Growth Management Hearings Board or a decision of the state or federal courts.

Application for comprehensive plan amendment.

Fees. Application fees shall be as established by City Council action.

The application shall include, but not be limited to, the following:

Project summary:

(1)

A description of the proposed amendment;

(2)

The current and proposed Comprehensive Plan land use designation and zoning classification for the affected area;

(3)

(4)

The proposed amendatory language, if applicable.

Background.

(1)

Appropriate history and context for the proposed amendment, such as prior permits or rezones, concomitant zoning agreements, enforcement actions, or changes in use.

Policy review.

(1)

Identify and cite any applicable policies of the Comprehensive Plan that provide support for the proposed amendment;

Objectives.

(1)

Describe how the proposed amendment achieves the following objectives, where applicable:

•	Address inconsistencies or errors in the Comprehensive Plan or development regulations.
•	Respond to changing circumstances, such as growth and development patterns, needs and desires of the community, and the City’s capacity to provide adequate services.
•	Maintain or enhance compatibility with existing or planned land uses and the surrounding development pattern.
•	Enhance the quality of the neighborhood.

Community outreach.

(1)

A description of any community outreach and response to the proposed amendment;

Supplemental information.

(1)

Supplemental information as requested by the Department, which may include, but is not limited to:

•	completion of an environmental checklist,
•	wetland delineation study,
•	visual analysis,
•	or other studies.

Pre-application meeting.

(1)

Assessment of proposed amendments.

The Department shall docket all amendment requests upon submittal of a complete application, to ensure that all requests receive due consideration and are available for review by the public.

The Department will provide the Planning Commission with an Assessment Report for the proposed amendment applications that includes, at a minimum:

Whether the amendment request is legislative and properly subject to Planning Commission review, or quasi-judicial and not properly subject to Commission review;

A preliminary staff review of the application submittal;

Identification of other amendment options the Planning Commission could consider in addition to the amendment as proposed by the applicant; and

The Planning Commission will review this assessment and make its decision as to:

Whether or not the application is complete, and if not, what information is needed to make it complete;

Whether or not the scope of the application should be modified, and if so, what alternatives should be considered; and

Whether or not the application will be considered, and if so, in which amendment cycle.

The Planning Commission shall make determinations concerning proposed Comprehensive Plan amendments within 120 days of the close of the application period as set forth under § 13.02.070D.

Analysis of proposed amendments.

Upon completing the assessment and receiving an affirmative determination from the Planning Commission to accept the application, the proposed amendment will be analyzed by the Department.

The Department shall provide the Commission with a staff analysis report, which will include, as appropriate:

A staff analysis of the application in accordance with the elements described in § 13.02.070D;

An analysis of the consistency of the proposed amendment with State, regional and local planning mandates and guidelines;

An analysis of the amendment options identified in the assessment report; and

Planning commission review.

Advisory committees established in accordance with Section 13.02.015 may also conduct one or more public hearings prior to making recommendations to the Planning Commission.

Findings and recommendations.

Whether the proposed amendment conforms to applicable provisions of State statutes, case law, regional policies, and the Comprehensive Plan.

The Commission will prepare a recommendation and supportive findings to forward to the City Council for consideration.

City Council public hearing and action.

(Previously codified as 13.02.045, relocated to § 13.02.070 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28786 Ex. A, 2021-11-16)

Tacoma City Zoning Code

CHAPTER 13

02 Planning Commission

§ 13.02.010 Creation - Appointment.

At the expiration of each respective three-year term, a successor shall be appointed by the City Council. Each Commissioner may serve until appointment and qualification of a successor.

§ 13.02.015 Establishment of advisory committees.

(Ord. 20266 § 2, 1974-12-17; Ord. 25318 § 2, 1993-06-08)

§ 13.02.016 (Repealed) [1]

(Definitions. Ord. 25850 § 2, 1996-03-12; Ord. 27079 § 8, 2003-04-29; repealed by Ord. 27172 § 3, 2003-12-16)

[1]

Note: See also § 13.01.020 (previously 13.02.043).

§ 13.02.020 Meetings – Officers – Records.

(Ord. 14983 § 2, 1954-03-01; Ord. 20266 § 3, 1974-12-17; Ord. 24942 § 2, 1991-07-02; Ord. 27813 Ex. A, 2009-06-30; Ord. 28336 Ex. C, 2015-12-01)

§ 13.02.030 Expenditures – Budget.

§ 13.02.040 Duties and responsibilities.

The Planning Commission is hereby vested with the following duties and responsibilities:

To review and update the Comprehensive Plan and its elements, and recommend proposed amendments to the City Council.

To develop and prepare long-and short-range programs for implementation of the Comprehensive Plan.

To formulate effective and efficient land use and development regulations and processes that are consistent with and that implement RCW 36.70A and the goals and policies of the Comprehensive Plan.

To review and make recommendations on matters concerning land use and development, including area-wide zoning reclassifications, moratoria, and interim zoning.

To review the capital facilities program to ensure that the capital budgets and expenditures for public facilities and services are in conformity with the Comprehensive Plan.

To review the six-year transportation program for consistency with the Comprehensive Plan.

§ 13.02.043 (Repealed)

§ 13.02.050 Quorum. [1]

A simple majority of appointed, filled positions shall constitute a quorum for the transaction of official business.

(Previously codified as 13.02.041, relocated to § 13.02.050 by Ord. 28613 Ex. G, 2019-09-24)

[1]

Code Reviser’s note: Section 13.02.050 (Quorum) was previously repealed by Ord. 27172; the section number was reused by relocation of 13.02.041 by Ord. 28613 Ex. G.

§ 13.02.053 (Repealed)

§ 13.02.057 (Repealed)

§ 13.02.060 Comprehensive Plan. [1]

The Comprehensive Plan shall include the following planning elements:

An economic element. As required by RCW 36.70A.070, establishing goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life.

A process, pursuant to RCW 36.70A.200, for identifying and siting essential public facilities which are typically difficult to site.

10.

A historic and conservation element. Identifying objects, areas, sites, or structures of historical, archaeological, architectural, or cultural significance.

An urban design element. Addressing the design of development through the application of standards, guidelines, and recommendations for project review.

Sub-area elements. Setting forth policies concerning specific geographic areas of the City or concerning specific issues.

(Previously codified as 13.02.044, relocated to § 13.02.060 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08)

[1]

Code Reviser’s note: Section 13.02.060 was previously codified as “Reports”, previously repealed by Ord. 24942.

§ 13.02.070 Comprehensive plan amendment procedures.

Adoption and amendment by ordinance.

The Comprehensive Plan and its elements shall be adopted and amended by ordinance of the City Council, following the procedures identified in this section.

Consistency with Growth Management Act.

Adoption and amendment of the Comprehensive Plan must be consistent with the procedural requirements of RCW 36.70A and in compliance with applicable case law.

Timing for proposed amendments.

Amendments to the Comprehensive Plan shall be considered no more frequently than once each year except that amendments may be considered more frequently under the following circumstances:

An emergency exists;

The initial adoption of a sub-area plan;

The adoption or amendment of a shoreline master program under the procedures set forth in RCW 90.58;

To resolve an appeal of the Comprehensive Plan decided by the Growth Management Hearings Board or a decision of the state or federal courts.

Application for comprehensive plan amendment.

Fees. Application fees shall be as established by City Council action.

The application shall include, but not be limited to, the following:

Project summary:

(1)

A description of the proposed amendment;

(2)

The current and proposed Comprehensive Plan land use designation and zoning classification for the affected area;

(3)

(4)

The proposed amendatory language, if applicable.

Background.

(1)

Appropriate history and context for the proposed amendment, such as prior permits or rezones, concomitant zoning agreements, enforcement actions, or changes in use.

Policy review.

(1)

Identify and cite any applicable policies of the Comprehensive Plan that provide support for the proposed amendment;

Objectives.

(1)

Describe how the proposed amendment achieves the following objectives, where applicable:

•	Address inconsistencies or errors in the Comprehensive Plan or development regulations.
•	Respond to changing circumstances, such as growth and development patterns, needs and desires of the community, and the City’s capacity to provide adequate services.
•	Maintain or enhance compatibility with existing or planned land uses and the surrounding development pattern.
•	Enhance the quality of the neighborhood.

Community outreach.

(1)

A description of any community outreach and response to the proposed amendment;

Supplemental information.

(1)

Supplemental information as requested by the Department, which may include, but is not limited to:

•	completion of an environmental checklist,
•	wetland delineation study,
•	visual analysis,
•	or other studies.

Pre-application meeting.

(1)

Assessment of proposed amendments.

The Department shall docket all amendment requests upon submittal of a complete application, to ensure that all requests receive due consideration and are available for review by the public.

The Department will provide the Planning Commission with an Assessment Report for the proposed amendment applications that includes, at a minimum:

Whether the amendment request is legislative and properly subject to Planning Commission review, or quasi-judicial and not properly subject to Commission review;

A preliminary staff review of the application submittal;

Identification of other amendment options the Planning Commission could consider in addition to the amendment as proposed by the applicant; and

The Planning Commission will review this assessment and make its decision as to:

Whether or not the application is complete, and if not, what information is needed to make it complete;

Whether or not the scope of the application should be modified, and if so, what alternatives should be considered; and

Whether or not the application will be considered, and if so, in which amendment cycle.

The Planning Commission shall make determinations concerning proposed Comprehensive Plan amendments within 120 days of the close of the application period as set forth under § 13.02.070D.

Analysis of proposed amendments.

Upon completing the assessment and receiving an affirmative determination from the Planning Commission to accept the application, the proposed amendment will be analyzed by the Department.

The Department shall provide the Commission with a staff analysis report, which will include, as appropriate:

A staff analysis of the application in accordance with the elements described in § 13.02.070D;

An analysis of the consistency of the proposed amendment with State, regional and local planning mandates and guidelines;

An analysis of the amendment options identified in the assessment report; and

Planning commission review.

Advisory committees established in accordance with Section 13.02.015 may also conduct one or more public hearings prior to making recommendations to the Planning Commission.

Findings and recommendations.

Whether the proposed amendment conforms to applicable provisions of State statutes, case law, regional policies, and the Comprehensive Plan.

The Commission will prepare a recommendation and supportive findings to forward to the City Council for consideration.

City Council public hearing and action.

(Previously codified as 13.02.045, relocated to § 13.02.070 by Ord. 28613 Ex. G, 2019-09-24; Ord. 28725 Ex. A, 2020-12-08; Ord. 28786 Ex. A, 2021-11-16)