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HomeMy WebLinkAbout01-23-2024 - Agenda Packet MEDINA, WASHINGTON PLANNING COMMISSION MEETING Hybrid-Virtual/In Person Tuesday, January 23, 2024 – 6:00 PM AGENDA COMMISSION CHAIR | COMMISSION VICE-CHAIR | COMMISSIONERS | Laura Bustamante, Li-Tan Hsu, Evonne Lai, Mark Nelson, Brian Pao, Shawn Schubring PLANNING MANAGER | Jonathan G. Kesler DEVELOPMENT SERVICES DIRECTOR | Steve Wilcox DEVELOPMENT SERVICES COORDINATOR | Rebecca Bennett Hybrid Meeting Participation The Medina Planning Commission has moved to hybrid meetings, offering both in-person and online meeting participation. In accordance with the direction from Governor Inslee, masking and social distancing will be optional for those participating in person. Individuals who are participating online and wish to speak live can register their request with the Development Services Coordinator at 425.233.6414 or email rbennett@medina-wa.gov and leave a message before 2PM on the day of the January 23rd Planning Commission meeting. Please reference Public Comments for January 23rd Planning Commission meeting on your correspondence. The Development Services Coordinator will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comments and will be asked to stop when you reach the 3 minute limit. The city will also accept written comments. Any written comments must be submitted by 2 PM on the day of the January 23rd Planning Commission meeting to the Development Services Coordinator at rbennett@medina-wa.gov. Join Zoom Meeting https://medina-wa.zoom.us/j/82895780092?pwd=FAq66N9EgdveZTIcdDoK0Kqxz0wK75.1 Meeting ID: 828 9578 0092 Passcode: 615060 One tap mobile +12532050468,,82895780092#,,,,*615060# US 1 +12532158782,,82895780092#,,,,*615060# US (Tacoma) 1. CALL TO ORDER / ROLL CALL 2. ELECTIONS 2.1 2024 Chair and Vice Chair Elections 3. APPROVAL OF MEETING AGENDA 4. APPROVAL OF MINUTES 4.1 Planning Commission Meeting Minutes of December 12, 2023 Recommendation: Adopt minutes. Staff Contact: Rebecca Bennett, Development Services Coordinator 5. ANNOUNCEMENTS 5.1 Staff/Commissioners 5.2 Introduction of new Planning Manager, Jonathan Kesler, AICP 6. AUDIENCE PARTICIPATION Individuals wishing to speak live during the Virtual Planning Commission meeting will need to register their request with the Development Services Coordinator, Rebecca Bennett, via email (rbennett@medina-wa.gov) or by leaving a message at 425.233.6414 before 12pm the day of the Planning Commission meeting. Please reference Public Comments for the January 23 Planning Commission meeting on your correspondence. The Development Services Coordinator will call on you by name or telephone number when it is your turn to speak. You will be allotted 3 minutes for your comment and will be asked to stop when you reach the 3-minute limit. 7. DISCUSSION 7.1 Pending Housing Legislation in the State Legislature 7.2 2024 Comprehensive Plan Update, Overview for New Members and Current Status Recommendation: Discussion and update. Staff Contact: Jonathan Kesler, AICP, Planning Manager Time Estimate: 30 minutes 7.3 2024 Comprehensive Plan Update, Utilities Element Recommendation: Discussion and direction. Staff Contact: Jonathan Kesler, AICP, Planning Manager Time Estimate: 30 minutes 2 8. ADJOURNMENT Next regular meeting is Tuesday, February 27, 2024 at 6:00pm ADDITIONAL INFORMATION Planning Commission meetings are held on the 4th Tuesday of the month at 6 PM, unless otherwise specified. In compliance with the Americans with Disabilities Act, if you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in this meeting, please contact the City Clerk’s Office at (425) 233-6410 at least 48 hours prior to the meeting. UPCOMING MEETINGS Tuesday, February 27, 2024 - Regular Meeting (6:00 PM) Tuesday, March 26, 2024 - Regular Meeting (6:00 PM) Tuesday, April 23, 2024 - Regular Meeting (6:00 PM) Tuesday, May 28, 2024 - Regular Meeting (6:00 PM) Tuesday, June 25, 2024 - Regular Meeting (6:00 PM) Tuesday, July 23, 2024 - Regular Meeting (6:00 PM) Tuesday, August 27, 2024 - Dark no meeting Tuesday, September 24, 2024 - Regular Meeting (6:00 PM) Tuesday, October 22, 2024 - Regular Meeting (6:00 PM) Tuesday, November 2024 - Regular Meeting cancelled - Special Meeting Date TBD Tuesday, December 2024 - Regular Meeting cancelled - Special Meeting Date TBD 3 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: January 23, 2024 TO: Medina Planning Commission FROM: Jonathan Kesler, AICP, Planning Manager RE: Opening the Meeting and Electing the 2024 Chair and Vice Chair Every January, the Planning Commission elects a chair to preside over the meeting and a vice chair to preside over the meeting in the absence of the chair. Staff recommends using the process set forth below, which is based on parliamentary procedural rules. Opening the Meeting Development Services Coordinator, Rebecca Bennett, will call the Planning Commission meeting to order as the neutral party. Roll Call and Call for Nominations Ms. Bennett will follow with roll call and call for nominations for the Chair. Any Commissioner may nominate him or herself or a fellow Commissioner. No second is required. Commissioners may decline their nomination if desired. When all nominations have been received, the nomination period shall be closed. If there is more than one nominee, nominees and nominators may make a brief statement in support of their nominations before the period is closed. Nominees will be voted on in the order in which they were nominated. Once a nominee has received a majority vote, they will be declared the Chair. Once elected, the new Chair will move into his/her new seat. Election of Vice Chair The newly elected Chair will take over the call for nominations for Vice Chair. Any Commissioner may nominate him or herself or a fellow Commissioner. No second is required. Commissioners may decline their nomination if desired. When all nominations have been received, the Chair shall close the nomination period. If there is more than one nominee, nominees and nominators may make a brief statement in support of their nominations before the period is closed. The Chair will call for a vote beginning with the first nominee. Once a nominee has received a majority vote, they will be declared the Vice Chair. Once elected, the new Vice Chair will move into his/her new seat. 4 AGENDA ITEM 2.1 MEDINA, WASHINGTON PLANNING COMMISSION MEETING Hybrid-Virtual/In Person Tuesday, December 12, 2023 – 6:00 PM MINUTES COMMISSION CHAIR | Laura Bustamante COMMISSION VICE-CHAIR | Shawn Schubring COMMISSIONERS | Li-Tan Hsu, Evonne Lai, David Langworthy, Mark Nelson, Brian Pao DEVELOPMENT SERVICES DIRECTOR | Steve Wilcox DEVELOPMENT SERVICES COORDINATOR | Rebecca Bennett 1. CALL TO ORDER / ROLL CALL Chair Bustamante called the meeting to order at 6:01pm. PRESENT Chair Laura Bustamante Vice Chair Shawn Schubring Commissioner Li-Tan Hsu Commissioner David Langworthy Brian Pao ABSENT Commissioner Evonne Lai Commissioner Mark Nelson STAFF Bennett, Burns, Kellerman 3. ANNOUNCEMENTS 3.1 Staff/Commissioners Chair Bustamante announced that David Langworthy is resigning from Planning Commission. Chair Bustamante announced that this meeting will be rescheduled to January. 5. ADJOURNMENT The City of Medina Planning Commission Special Meeting is adjourned due to lack of City staff and illness. 5 AGENDA ITEM 4.1 Jonathan G. Kesler, Brief Bio Jonathan G. Kesler is an American Institute of Certified Planners (AICP) member who joined the staff of the City of Medina as Planning Manager on January 2, 2024. He comes to the City with over seventeen years of experience in the Planning field, including five in senior planner positions. He earned his Master of Arts degree in Historic Preservation in 1998 and served several years in the museum field before becoming a Planner in New Mexico in 2006. From there, Jonathan came to Washington state in 2015 as Senior Planner – Historic Preservation for the City of Ellensburg. He made the move to Western Washington with a Planning position with the City of Kent in 2019, specializing in Subdivisions, SEPA and Critical Area reviews. Jonathan is excited to be starting at the City of Medina in this new career opportunity. He looks forward to working with staff and community members, including members of the Planning Commission and the City Council, on all aspects of long-range and current planning. 6 AGENDA ITEM 5.2 Pending Housing Legislation in the State Legislature NO ATTACHMENTS FOR AGENDA ITEM 7.1 7 AGENDA ITEM 7.1 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: January 23, 2024 TO: Medina Planning Commission FROM: Jonathan Kesler, AICP, Planning Manager RE: Periodic Update to the Comprehensive Plan Overview Each city and county under the Washington State Growth Management Act (originally adopted in 1991) is required to periodically review and, if needed, revise its comprehensive plan to ensure compliance with the Act. The last time that Medina completed a Comprehensive Plan update was in 2015. In 2022, the eight-year comprehensive plan periodic cycle was extended to a 10-year cycle which will begin after this current cycle. The current comprehensive plan periodic update cycle requires that Medina complete its review and revision by December 31, 2024. To date, the Planning Commission has reviewed the Housing and Community Design Elements. The City Council will review and is slated to give approval to the Housing element on Monday, January 22nd. If this occurs, staff will send it on to the Puget Sound Regional Council (PSRC) and the Washington Department of Commerce (DOC) for review and approval in conformance with the Growth Management Act. This is a mandatory step towards final approval of the Comp Plan Update in 2024. For a broad overview, the Periodic Update Checklist for Fully-Planning Cities for Medina, completed in preparation for the start of the Comp Plan Update, is attached. 8 AGENDA ITEM 7.2 LOCAL GOVERNMENT DIVISION GROWTH MANAGEMENT SERVICES Periodic Update Checklist for Fully-Planning Cities Overview: This checklist is intended to help cities that are fully planning under the Growth Management Act (GMA) conduct the “periodic review and update” of comprehensive plans and development regulations required by RCW 36.70A.130 (4). This checklist identifies components of comprehensive plans and development regulations that may need updating to reflect the latest local conditions or to comply with GMA changes since the last periodic update cycle (2015-2018). Statutory changes adopted since 2015 are emphasized in highlighted text to help identify new GMA requirements that may not have been addressed during the last update or through other amendments outside of the required periodic update process. What’s new: For the 2024-2027 update cycle, Commerce has updated and streamlined periodic update resources including checklists, guidebooks and a webpage to serve you better. A checklist and guidebook for partially-planning jurisdictions will be available prior to their 2026-2027 updates. A separate checklist is available for counties. 2021-2022 Legislative Session: HB 1220 substantially amends housing-related provisions of the GMA, RCW 36.70A.070(2). Please refer to the following Commerce housing webpages for further information about the new requirements: Updating GMA Housing Elements and Planning for Housing. HB 1241 changes the periodic update cycle described in RCW 36.70A.130. Jurisdictions required to complete their update in 2024 now have until December 31, 2024 to finalize their review and submit to Commerce. Jurisdictions required to complete their updates in 2025 -2027 are still required to submit prior to June 30th of their respective year. Additionally, jurisdictions that meet the new criteria will be required to submit an implementation progress report five years after the review and revision of their comprehensive plan. HB 1717 adds new requirements in RCW 36.70A.040 and RCW 36.70A.190 regarding tribal participation in planning efforts with local and regional jurisdictions. SB 5593 adds new elements to RCW 36.70A.130(3) regarding changes to planning and/or modifying urban growth areas. SB 5818 promotes housing construction in cities through amendments to and limiting appeals under the state environmental policy act (SEPA) and the GMA, amending RCW 36.70A.070(2). Local governments should review local comprehensive plan policies, countywide planning policies and multicounty planning policies (where applicable) to be consistent with the new requirements. Medina, WA City Stephanie Keyser, AICP, Planning Manager (425) 233-6416, skeyser@medina-wa.gov Staff contact, phone + email 9 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 2 Checklist Instructions With the most recent versions of your comprehensive plan and development regulations in hand, fill out each item in the checklist, answering the following questions: Is this item addressed in your current plan or development regulations? If YES, fill in the form with citation(s) to where in the plan or regulation the item is addressed. Where possible, we recommend citing policy or goal numbers by element rather than page numbers, since these can change. If you have questions about the requirement, follow the hyperlinks to the relevant statutory provision or rules. If you still have questions, visit the Commerce Periodic Update webpage or contact the Commerce planner assigned to your region. Is amendment needed to meet current statute? Check YES to indicate a change to your plan will be needed. Check NO to indicate that the GMA requirement has already been met. Local updates may not be needed if the statute hasn’t changed since your previous update, if your jurisdiction has kept current with required inventories, or if there haven’t been many changes in local circumstances. Use the “Notes” column to add additional information to note where your city may elect to work on or amend sections of your plan or development regulations, to call out sections that are not strictly required by the GMA, or to indicate if the item is not applicable to your jurisdiction. Submit your checklist! This will be the first deliverable under your periodic update grant. PlanView system and instructions: Completed checklists can be submitted through Commerce’s PlanView portal. The PlanView system allows cities and counties to submit and track amendments to comprehensive plans or development regulations online, with or without a user account. You can also submit via email: reviewteam@commerce.wa.gov Fill out and attach a cover sheet, a copy of your submittal and this checklist. Please be advised that Commerce is no longer accepting paper submittals. For further information about the submittal process please visit Commerce’s Requirements and procedures for providing notice to the state webpage. Need help? Please visit Commerce’s periodic update webpage for additional resources or contact: Suzanne Austin, AICP Senior Planner Growth Management Services WA Department of Commerce 509.407.7955 suzanne.austin@commerce.wa.gov 10 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 3 Section II: Development Regulations CRITICAL AREAS ZONING CODE SHORELINE MASTER PROGRAM RESOURCE LANDS ESSENTIAL PUBLIC FACILITIES SUBDIVISION CODE STORMWATER IMPACT FEES CONCURRENCY & TDM TRIBAL PARTICIPATION OPTIONAL REGULATIONS PROJECT REVIEW PROCEDURES PLAN & REGULATION AMENDMENTS Section I: Comprehensive Plan LAND USE HOUSING CAPITAL FACILITIES UTILITIES TRANSPORTATION SHORELINE ESSENTIAL PUBLIC FACILITIES TRIBAL PLANNING ECONOMIC DEVELOPMENT PARKS & RECREATION OPTIONAL ELEMENTS CONSISTENCY PUBLIC PARTICIPATION Checklist Navigation (Ctrl + Click each element) 11 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 4 Section I: Comprehensive Plan Elements Land Use Element Consistent with countywide planning policies (CWPPs) and RCW 36.70A.070(1) In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes New 2021-2022 legislation ESSB 5593: changes to RCW 36.70A.130 regarding UGA size, patterns of development, suitability and infrastructure. Coordinate these efforts with your county No No Medina is a landlocked city and does not have any UGA to annex. a. The element integrates relevant county-wide planning policies into the local planning process, and ensures local goals and policies are consistent. For jurisdictions in the central Puget Sound region, the plan is consistent with applicable multicounty planning policies. RCW 36.70A.210 WAC 365-196-305 Coordinate these efforts with your county Yes; Introduction; Transportation & Circulation; Capital Facilities Plan (CF- P5) Yes While a number of policies in the KCCP are reflected in the 2015 plan, there are policies that can be better integrated during this update. These include Equity, Environmental Sustainability, Restoration and Pollution, Climate Change, Urban Design and Historic Preservation. b. A future land use map showing city limits and UGA boundaries. RCW 36.70A.070(1) and RCW 36.70A.110(6) WAC 365-196-400(2)(d), WAC 365-196-405(2)(i)(ii) Yes; Figure 3 Land Use Map Yes Although the future land use map will remain as primarily residential, the term single family will be removed which will reflect the new population projections and density requirements. c. Consideration of urban planning approaches that increase physical activity. RCW 36.70A.070(1) and WAC 365-196-405(2)(j). Additional resources: Transportation Efficient Communities, The Washington State Plan for Healthy Communities, Active Community Environment Toolkit Yes; SMP Goals 12 & 13 Yes Additional goals and policies are anticipated in the Transportation and Parks & Rec Elements. d. A consistent population projection throughout the plan which should be consistent with the county’s sub-county allocation of that forecast and housing needs. RCW 36.70A.115, RCW 43.62.035 and WAC 365-196-405(f) Yes; Land Use Element; Housing Element; Transportation Element Yes The population projection will be updated to reflect King County’s Countywide Planning Policies allocation for Medina. 12 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 5 Section I: Comprehensive Plan Elements In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes e. Estimates of population densities and building intensities based on future land uses and housing needs. RCW 36.70A.070(1), WAC 365-196- 405(2)(i) • For cities required to plan under the Buildable Lands Program, RCW 36.70A.215 amended in 2017, some jurisdictions may need to identify reasonable measures to reconcile inconsistencies. See Commerce’s Buildable Lands Program page. Yes; Land Use Element Yes. Density requirements under HB 1110 and 1337 will be reflected but there will be no major changes to the primarily land use in Medina, which is residential. f. Provisions for protection of the quality and quantity of groundwater used for public water supplies. RCW 36.70A.070(1); WAC 365-196- 405(1)(c); WAC 365-196-485(1)(d) Yes; Natural Environment Element (NE-P3); SMP Yes. Groundwater protection to be included in more elements including Land Use and Critical Areas. g. Identification of lands useful for public purposes such as utility corridors, transportation corridors, landfills, sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses. RCW 36.70A.150 and WAC 365- 196-340 Yes; Figure 3 Land Use Map No. Due to lack of available land, no future facilities are anticipated. h. Identification of open space corridors within and between urban growth areas, including lands useful for recreation, wildlife habitat, trails, and connection of critical areas. RCW 36.70A.160 and WAC 365-196-335 Yes; Parks and Open Space; Natural Element (NE-P7, NE-P8) No. Due to lack of available land, no future open spaces are anticipated. 13 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 6 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes i. If there is an airport within or adjacent to the city: policies, land use designations (and zoning) to discourage the siting of incompatible uses adjacent to general aviation airports. RCW 36.70A.510, RCW 36.70.547 Note: The plan (and associated regulations) must be filed with the Aviation Division of WSDOT. WAC 365-196-455 No No N/A j. Where applicable, a review of drainage, flooding, and stormwater run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state. RCW 36.70A.070(1) and WAC 365-196-405(2)(e) Note: RCW 90.56.010(27) defines waters of the state. Additional resources: Protect Puget Sound Watersheds, Building Cities in the Rain, Ecology Stormwater Manuals, Puget Sound Partnership Action Agenda Yes; Natural Environment Element (NE-G2); SMP (SM-P19.1-4); Transportation (T- P3); Capital Facilities Element (CF-P4, CF-P5, CF- P6) No. Will be reviewed for consistency, however no major changes anticipated.. k. Policies to designate and protect critical areas including wetlands, fish and wildlife habitat protection areas, frequently flooded areas, critical aquifer recharge areas, and geologically hazardous areas. In developing these policies, the city must have included the best available science (BAS) to protect the functions and values of critical areas, and give “special consideration” to conservation or protection measures necessary to preserve or enhance anadromous fisheries. RCW 36.70A.030(6), RCW 36.70A.172, WAC 365- 190-080 Best Available Science: see WAC 365-195-900 through -925 Yes; Natural Environment Element (NE-P1, NE-P2); SMP (SM- G18, SM-P18.1-3) No Review and update as necessary to incorporate changes since the last SMP and COA Updates 14 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 7 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes l. If forest or agricultural lands of long-term commercial significance are designated inside city: a program authorizing Transfer (or Purchase) of Development Rights. RCW 36.70A.060(4), RCW 36.70A.170 No No N/A m. If there is a Military Base within or adjacent to the jurisdiction employing 100 or more personnel: policies, land use designations, (and consistent zoning) to discourage the siting of incompatible uses adjacent to military bases. RCW 36.70A.530(3), WAC 365-196-475 No No N/A Housing Element In the 2021 legislative session, HB 1220 substantially amended the housing -related provisions of the Growth Management Act (GMA), RCW 36.70A.070 (2). Local governments should review local comprehensive plan policies and countywide planning policies to be consistent with the updated requirements. Please refer to Commerce’s housing webpages for further information about the new requirements: Updating GMA Housing Elements and Planning for Housing a. Goals, policies, and objectives for the preservation, improvement, and development of housing. RCW 36.70A.070(2)(b) and WAC 365- 196-410(2)(a) Yes; Land Use Element (LU-G4, LU-P4); Housing Element (H-G1) Yes Additional goals for preserving existing housing stock and encouraging more affordable housing will be incorporated. b. Within an urban growth area boundary, consideration of duplexes, triplexes, and townhomes. RCW 36.70A.070(2)(c) amended in 2021, WAC 365-196-300 No Yes Duplexes and townhomes will be included. c. Consideration of housing locations in relation to employment locations and the role of ADUs. RCW 36.70A.070(2)(d) amended in 2021 No Yes While ADUs are not specifically called out in the 2015 Comprehensive Plan, they are allowed per Medina’s Municipal Code 16.34.020 and will be more prominently discussed. 15 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 8 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes d. An inventory and analysis of existing and projected housing needs over the planning period, by income band, consistent with the jurisdiction’s share of housing need, as provided by Commerce. RCW 36.70A.070(2)(a) amended in 2021, WAC 365-196-410(2)(b) and (c) No Yes This will be incorporated from the Housing Action Plan e. Identification of capacity of land for housing including, but not limited to, government-assisted housing, housing for moderate, low, very low, and extremely low-income households, manufactured housing, multifamily housing, group homes, foster care facilities, emergency housing, emergency shelters, permanent supportive housing. RCW 36.70A.070(2)(c) amended in 2021, WAC 365-196-410(e) and (f) No Yes This will be incorporated from the Housing Action Plan f. Adequate provisions for existing and projected housing needs for all economic segments of the community. RCW 36.70A.070(2)(d) amended in 2021, WAC 365-196-010(g)(ii), WAC 365-196- 300(f), WAC 365-196-410 and see Commerce’s Housing Action Plan (HAP) guidance: Guidance for Developing a Housing Action Plan No Yes This will be incorporated from the Housing Action Plan g. Identify local policies and regulations that result in racially disparate impacts, displacement, and exclusion in housing, including: • Zoning that may have a discriminatory effect; • Disinvestment; and • Infrastructure availability RCW 36.70A.070(e) new in 2021 No Yes Policies will be identified 16 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 9 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes h. Establish policies and regulations to address and begin to undo racially disparate impacts, displacement, and exclusion in housing caused by local policies, plans, and actions. RCW 36.70A.070(2)(f) new in 2021 No Yes Policies will be established to undo racially disparate and exclusionary impacts i. Identification of areas that may be at higher risk of displacement from market forces that occur with changes to zoning development regulations and capital investments.1 RCW 36.70A.070(2)(g) new in 2021 Establish anti-displacement policies, with consideration given to the preservation of historical and cultural communities as well as investments in low, very low, extremely low, and moderate-income housing; equitable development initiatives; inclusionary zoning; community planning requirements; tenant protections; land disposition policies; and consideration of land that may be used for affordable housing. RCW 36.70A.070(2)(h) new in 2021 No Yes New policies will be established 1 This work should identify areas where anti-displacement tools may be applied, but may not need to be in the comprehensive plan. See Commerce’s housing guidance: Updating GMA Housing Elements - Washington State Department of Commerce 17 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 10 2 Infrastructure investments should consider equity and plan for any potential displacement impacts. Capital Facilities Plan (CFP) Element To serve as a check on the practicality of achieving other elements of the plan, covering all capital facilities planned, prov ided, and paid for by public entities including local government and special districts, etc. including water systems, sanitary sewer systems, storm water facilities, schools, parks and recreational facilities, police and fire protection facilities. Capital expenditures from park and recreation elements, if separate, should be included in the CFP Element. The CFP Element must be consistent with CWPPs, and RCW 36.70A.070(3), and include: In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Policies or procedures to ensure capital budget decisions are in conformity with the comprehensive plan. RCW 36.70A.120 Yes; Capital Facilities Element (CF-P1, CF-P2) No No changes needed b. An inventory of existing capital facilities owned by public entities. RCW 36.70A.070(3)(a) and WAC 365-196-415(1)(a) Yes; Capital Facilities Element Figure 9 No A new map will be made but no new facilities anticipated c. A forecast of needed capital facilities. RCW 36.70A.070(3)(b) and WAC 365-196-415(1)(b) Note: The forecast of future need should be based on projected population and adopted levels of service (LOS) over the planning period. Yes; Capital Facilities Element and Utilities Element No No updates anticipated; Medina’s population has increased and the project for 2044 is slight d. Proposed locations and capacities of expanded or new capital facilities. RCW 36.70A.070(3)(c) and WAC 365-196-415 (1)(c) and (3)(c)2 No No N/A – Medina is landlocked and fully developed. It is not anticipated there will be expansion or new facilities. e. A six-year plan (at least) that will finance such capital facilities within projected funding capacities and identify sources of public money to finance planned capital facilities. RCW 36.70A.070(3)(d), RCW 36.70A.120, WAC 365-196-415(1)(d) Yes No CIP updated annually 18 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 11 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes f. A policy or procedure to reassess the Land Use Element if probable funding falls short of meeting existing needs. RCW 36.70A.070(3)(e) WAC 365- 196-415(2)(d) Note: park and recreation facilities shall be included in the capital facilities plan element No Yes Will add as required g. If impact fees are collected: identification of public facilities on which money is to be spent. RCW 82.02.050(5) and WAC 365-196-850(3) No No N/A Utilities Element Consistent with relevant CWPPs and RCW 36.70A.070(4). Utilities include, but are not limited to: sanitary sewer systems, water lines, fire suppression, electrical lines, telecommunication lines, and natural gas lines. The general location, proposed location and capacity of all existing and proposed utilities. RCW 36.70A.070(4) and WAC 365-196-420 No No Although not in the 2015 Comp Plan, the City does have GIS maps of the existing utilities. Proposed expansion of utilities is unlikely. Transportation Element Consistent with relevant CWPPs and RCW 36.70A.070(6) a. An inventory of air, water, and ground transportation facilities and services, including transit alignments, state-owned transportation facilities, and general aviation airports. RCW 36.70A.070(6)(a)(iii)(A) and WAC 365-196- 430(2)(c). Yes; Transportation and Circulation Element No No updates anticipated b. Adopted levels of service (LOS) standards for all arterials, transit routes and highways. RCW 36.70A.070(6)(a)(iii)(B) and (C), WAC 365- 196-430 Yes; Transportation and Circulation Element Yes Will ensure LOS are up-to-date c. Identification of specific actions to bring locally- owned transportation facilities and services to established LOS. RCW 36.70A.070(6)(a)(iii)(D), WAC 365-196-430 No No N/A 19 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 12 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes d. A forecast of traffic for at least 10 years including land use assumptions used in estimating travel. RCW 36.70A.070(6)(a)(i), RCW 36.70A.070 (6)(a)(iii)(E), WAC 365-196-430(2)(f) Yes; Transportation & Circulation Element No No major updates anticipated e. A projection of state and local system needs to meet current and future demand. RCW 36.70A.070(6)(a)(iii)(F) and WAC 365-196- 430(1)(c)(vi) No No N/A f. A pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles. RCW 36.70A.070(6)(a)(vii), WAC 365- 196-430(2)(j) Yes; Transportation & Circulation Element Yes Will be updated to reflect completed bike and sidewalk projects g. A description of any existing and planned transportation demand management (TDM) strategies, such as HOV lanes or subsidy programs, parking policies, etc. RCW 36.70A.070(6)(a)(vi) and WAC 365-196- 430(2)(i)(i) No No N/A h. An analysis of future funding capability to judge needs against probable funding resources. RCW 36.70A.070(6)(a)(iv)(A), WAC 365.196- 430(2)(k)(iv) Yes; Transportation & Circulation Element Yes Will be updated to reflect current/future numbers i. A multi-year financing plan based on needs identified in the comprehensive plan, the appropriate parts of which serve as the basis for the 6-year street, road or transit program. RCW 36.70A.070(6)(a)(iv)(B) and RCW 35.77.010, WAC 365-196-430(2)(k)(ii) Yes; Transportation & Circulation Element Yes Will be updated to reflect current/future numbers 20 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 13 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes j. If probable funding falls short of meeting identified needs: a discussion of how additional funds will be raised, or how land use assumptions will be reassessed to ensure that LOS standards will be met. RCW 36.70A.070(6)(a)(iv)(C), WAC 365-196-430(2)(l)(iii) No Yes Will be included k. A description of intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions and how it is consistent with the regional transportation plan. RCW 36.70A.070(6) (a)(v); WAC 365-196-430(1)(e) and 430(2)(a)(iii) Yes; Transportation & Circulation Element Yes Will updated as needed Shoreline For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of the Growth Management Act (GMA) as set forth in RCW 36.70A.480. The goals and policies of a shoreline master program for a county or city approved under RCW 90.58 shall be considered an element of the county or city's comprehensive plan. a. The policies, goals, and provisions of RCW 90.58 and applicable guidelines shall be the sole basis for determining compliance of a shoreline master program with this chapter except as the shoreline master program is required to comply with the internal consistency provisions of RCW 36.70A.070, 36.70A.040(4), 35.63.125, 35A.63.105, 36.70A.480 Yes; Shoreline Management Sub- Element No No major updates are anticipated as Medina adopted its most recent SMP in 2019 b. Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined by department of ecology guidelines adopted pursuant to RCW 90.58.060. Yes; Shoreline Management Sub- Element No No major updates are anticipated as Medina adopted its most recent SMP in 2019 21 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 14 In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes c. Shorelines of the state shall not be considered critical areas under this chapter except to the extent that specific areas located within shorelines of the state qualify for critical area designation based on the definition of critical areas provided by RCW 36.70A.030(5) and have been designated as such by a local government pursuant to RCW 36.70A.060(2) Yes; Shoreline Management Sub- Element No No major updates are anticipated as Medina adopted its most recent SMP in 2019 d. If a local jurisdiction's master program does not include land necessary for buffers for critical areas that occur within shorelines of the state, as authorized by RCW 90.58.030(2)(f), then the local jurisdiction shall continue to regulate those critical areas and their required buffers pursuant to RCW 36.70A.060(2). Yes; Shoreline Management Sub- Element No No major updates are anticipated as Medina adopted its most recent SMP in 2019 Provisions for siting essential public facilities (EPFs) Consistent with CWPPs and RCW 36.70A.200, amended 2021. This section can be included in the Capital Facilities Element, Land Use Element or in its own element. Sometimes the identification and siting process for EPFs is part of the CWPPs. a. A process or criteria for identifying and siting essential public facilities (EPFs). RCW 36.70A.200 and WAC 365-196-550(1) Notes: RCW 36.70A.200, amended 2021 regarding reentry and rehabilitation facilities. EPFs are defined in RCW 36.70A.200. Regional transit authority facilities are included in the list of essential public facilities. Yes; Land Use Element (Essential Public Facilities) No No new facilities anticipated b. Policies or procedures that ensure the comprehensive plan does not preclude the siting of EPFs. RCW 36.70A.200(5) Note: If the EPF siting process is in the CWPPs, this policy may be contained in the comprehensive plan as well. WAC 365-196-550(3) Yes; Land Use Element (Essential Public Facilities) No No new facilities anticipated 22 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 15 Tribal Participation in Planning new in 2022 (see HB 1717) A federally recognized Indian tribe may voluntarily choose to participate in the local and regional planning processes. In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Mutually agreeable memorandum of agreement between local governments and tribes in regard to collaboration and participation in the planning process unless otherwise agreed at the end of a mediation period. RCW 36.70A.040(8)(a) new in 2022, RCW 36.70A.190 new in 2022 Yes; Natural Element (NE-P3), Shoreline Management Sub- Element (SM- P20.2) No No changes anticipated b. Port elements, if adopted, are developed collaboratively between the city, the applicable port and the applicable tribe(s), which shall comply with RCW 36.70A.040(8). RCW 36.70A.085 amended in 2022 No No N/A c. Urban Growth Areas: counties and cities coordinate planning efforts for any areas planned for urban growth with applicable tribe(s). RCW 36.70A.110(1) amended 2022, RCW 36.70A.040(8) No No N/A 23 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 16 Future required elements: pending state funding As of 2022, these elements have not received state funding to aid local jurisdictions in implementation. Therefore, these elements are not required to be added to comprehensive plans at this time. Commerce encourages jurisdictions to begin planning for these elements, pending the future mandate. In Current Plan? Yes/No If yes, cite section Notes Economic Development Although included in RCW 36.70A.070 “mandatory elements” an economic development element is not currently required because funding was not provided to assist in developing local elements when this element was added to the GMA. However, provisions for economic growth, vitality, and a high quality of life are important, and supporting strategies should be integrated with the land use, housing, utilities, and transportation elements. RCW 36.70A.070(7) amended 2017 No N/A Parks and Recreation Although included in RCW 36.70A.070 “mandatory elements” a parks and recreation element is not required because the state did not provide funding to assist in developing local elements when this provision was added to the GMA. However, park, recreation, and open space planning are GMA goals, and it is important to plan for and fund these facilities. RCW 36.70A.070(8) Yes Will be updated as needed 24 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 17 Optional Elements Pursuant to RCW 36.70A.080, a comprehensive plan may include additional elements, items, or studies dealing with other subjects relating to the physical development within its jurisdiction, including, but not limited to: In Current Plan? Yes/No If yes, cite section Notes Climate Change Mitigation & Resilience As of 2022, this optional element has not yet received state funding to aid local jurisdictions in implementation. Please visit Commerce’s Climate Program page for resources and assistance if interested in developing climate mitigation and resilience plans for your jurisdiction. No N/A Sub-Area Plans N/A N/A Other N/A N/A 25 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 18 Consistency is required by the GMA In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. All plan elements must be consistent with relevant county-wide planning policies (CWPPs) and, where applicable, multi-county planning policies (MPPs), and the GMA. RCW 36.70A.100 and 210, WAC 365-196-305; 400(2)(c); 510 and 520 Yes; Introduction, Natural Element, Community Design, Housing Element, Parks & Open Space Yes Will updated to include new policies as needed b. All plan elements must be consistent with each other. RCW 36.70A.070 (preamble) and WAC 365- 197-040 Yes; Throughout Yes Will ensure consistency throughout with this update c. The plan must be coordinated with the plans of adjacent jurisdictions. RCW 36.70A.100 and WAC 365-196-520 Yes; Natural Environment element (NE-P3) Yes Will ensure coordination Public Participation a. Plan ensures public participation in the comprehensive planning process. RCW 36.70A.020(11), .035, and .140, WAC 365- 196-600(3) provide possible public participation choices. Yes; Land Use Element (LU-P8) No Will ensure public participation b. If the process for making amendments is included in the comprehensive plan: • The plan provides that amendments are to be considered no more often than once a year, not including the exceptions described in RCW 36.70A.130(2), WAC365-196-640 • The plan sets out a procedure for adopting emergency amendments and defines emergency. RCW 36.70A.130(2)(b) and RCW 36.70A.390, WAC 365-196-650(4) Yes; Preface No No changes anticipated to existing language 26 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 19 Consistency is required by the GMA In Current Plan? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes c. Plan or program for monitoring how well comprehensive plan policies, development regulations, and other implementation techniques are achieving the comp plan’s goals and the goals of the GMA. WAC 365-196-660 discusses a potential review of growth management implementation on a systematic basis. New 2021-2022 legislation HB 1241 provides that those jurisdictions with a periodic update due in 2024 have until December 31, 2024 to submit. The legislation also changed the update cycle to every ten years after the 2024-2027 cycle. Jurisdictions that meet the new criteria described in RCW 36.70A.130(9) will be required to submit an implementation progress report five years after the review and revision of their comprehensive plan. No Yes Monitoring program will be included d. Considerations for preserving property rights. Local governments must evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property. RCW 36.70A.370. For further guidance see the 2018 Advisory Memo on the Unconstitutional Taking of Private Property Yes; Introduction No No changes anticipated 27 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 20 Section II: Development Regulations Must be consistent with and implement the comprehensive plan. RCW 36.70A.040, WAC 365-196-800 and 810 Critical Areas Regulations protecting critical areas are required by RCW 36.70A.060(2), RCW 36.70A.172(1), WAC 365-190-080 and WAC 365-195-900 through 925. Please visit Commerce’s Critical Areas webpage for resources and to complete the Critical Areas Checklist. Critical areas regulations must be reviewed and updated, as necessary, to incorporate legislative changes and best available science. Jurisdictions using periodic update grant funds to update critical areas regulations must submit the critical areas checklist as a first deliverable, in addition to this periodic update checklist. Zoning Code In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Zoning designations are consistent and implement land use designations that accommodate future housing needs by income bracket as allocated through the countywide planning process (RCW 36.70A.070(2)(c) - Amended in 2021 with HB 1220) No Yes Zoning will be amended to remove single family designation. b. Permanent supportive housing or transitional housing must be allowed where residences and hotels are allowed. RCW 36.70A.390 New in 2021, (HB 1220 sections 3-5) “permanent supportive housing” is defined in RCW 36.70A.030; “transitional housing” is defined in RCW 84.36.043(2)(c) Yes; MMC 16.31.60 No No amendments anticipated at this time c. Indoor emergency shelters and indoor emergency housing shall be allowed in any zones in which hotels are allowed, except in cities that have adopted an ordinance authorizing indoor emergency shelters and indoor emergency housing in a majority of zones within one-mile of transit. Indoor emergency housing must be allowed in areas with hotels. RCW 35A.21.430 amended in 2021, RCW 35.21.683, amended in 2021, (HB 1220 sections 3-5) “emergency housing” is defined in RCW 84.36.043(2)(b) N/A N/A Medina has and will show capacity for emergency shelter at the St. Thomas Church. 28 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 21 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes d. The number of unrelated persons that occupy a household or dwelling unit except as provided in state law, for short term rentals, or occupant load per square foot shall not be regulated or limited by cities. (HB 5235), RCW 35.21.682 new in 2021, RCW 35A.21.314 new in 2022, RCW 36.01.227 new in 2021 No Yes Need to amend Single-Family Dwelling definition as it limits the number of people that can occupy a dwelling e. Limitations on the amount of parking local governments can require for low-income, senior, disabled and market-rate housing units located near high-quality transit service. RCW 36.70A.620 amended in 2020 and RCW 36.70A.600 amended in 2019 N/A N/A Medina doesn’t have low-income, senior, disabled, or market-rate housing f. Family day care providers are allowed in all residential dwellings located in areas zoned for residential or commercial RCW 36.70A.450. Review RCW 43.216.010 for definition of family day care provider and WAC 365-196-865 for more information. Yes; MMC 16.31.020 No No changes anticipated g. Manufactured housing is regulated the same as site built housing. RCW 35.21.684 amended in 2019, RCW 35.63.160, RCW 35A.21.312 amended in 2019 and RCW 36.01.225 amended in 2019. A local government may require that manufactured homes: (1) are new, (2) are set on a permanent foundation, and (3) comply with local design standards applicable to other homes in the neighborhood, but may not discriminate against consumer choice in housing. See: National Manufactured Housing Construction and Safety Standards Act of 1974 Yes; MMC 16.31.020 No No changes anticipated 29 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 22 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes h. Accessory dwelling units: cities (and counties) must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations and other official controls the requirements of RCW 36.70A.698 amended in 2021. Review RCW 36.70A.696 amended in 2021 through 699 and RCW 43.63A.215(3) Watch for new guidance from Commerce on the Planning for Housing webpage. Yes; MMC 16.34.020 No Will review for compliance with most updated guidance i. Residential structures occupied by persons with handicaps, and group care for children that meets the definition of “familial status” are regulated the same as a similar residential structure occupied by a family or other unrelated individuals. No city or county planning under the GMA may enact or maintain ordinances, development regulations, or administrative practices which treat a residential structure occupied by persons with handicaps differently than a similar residential structure occupied by a family or other unrelated individuals. RCW 36.70A.410, RCW 70.128.140 and 150, RCW 49.60.222-225 and WAC 365-196-860 Yes; MMC 16.31.020 No No changes anticipated 30 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 23 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes j. Affordable housing programs enacted or expanded under RCW 36.70A.540 amended in 2022 comply with the requirements of this section. Examples of such programs may include: density bonuses within urban growth areas, height and bulk bonuses, fee waivers or exemptions, parking reductions, expedited permitting conditioned on provision of low- income housing units, or mixed-use projects. WAC 365-196-300 See also RCW 36.70A.545 and WAC 365-196- 410(2)(e)(i) “affordable housing” is defined in RCW 84.14.010 Review RCW 36.70A.620 amended in 2020 for minimum residential parking requirements No No Programs such as fee waivers will be discussed during update k. Limitations on regulating: outdoor encampments, safe parking efforts, indoor overnight shelters and temporary small houses on property owned or controlled by a religious organization. RCW 36.01.290 amended in 2020 No No No city regulations preventing a religious organization from allowing encampments, safe parking, shelters or temporary houses l. Regulations discourage incompatible uses around general aviation airports. RCW 36.70.547 and WAC 365-196-455. Incompatible uses include: high population intensity uses such as schools, community centers, tall structures, and hazardous wildlife attractants such as solid waste disposal sites, wastewater or stormwater treatment facilities, or stockyards. For more guidance, see WSDOT’s Aviation Land Use Compatibility Program. N/A N/A No airports in Medina 31 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 24 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes m. If a U.S. Department of Defense (DoD) military base employing 100 or more personnel is within or adjacent to the jurisdiction, zoning should discourage the siting of incompatible uses adjacent to military base. RCW 36.70A.530(3) and WAC 365-196-475. Visit Military One Source to locate any bases in your area and help make determination of applicability. If applicable, inform the commander of the base regarding amendments to the comprehensive plan and development regulations on lands adjacent to the base. N/A N/A N/A n. Electric vehicle infrastructure (jurisdiction specified: adjacent to Interstates 5, 90, 405 or state route 520 and other criteria) must be allowed as a use in all areas except those zoned for residential, resource use or critical areas. RCW 36.70A.695 N/A N/A There’s nothing specific in the code that would prohibit an EV station from going in the Shoreline Master Program Consistent with RCW 90.58 Shoreline Management Act of 1971 a. Zoning designations are consistent with Shoreline Master Program (SMP) environmental designations. RCW 36.70A.480 Yes; MMC 16.61 No No changes anticipated b. If updated to meet RCW 36.70A.480 (2010), SMP regulations provide protection to critical areas in shorelines that is at least equal to the protection provided to critical areas by the critical areas ordinance. RCW 36.70A.480(4) and RCW 90.58.090(4) See Ecology’s shoreline planners’ toolbox for the SMP Checklist and other resources and Ecology’s Shoreline Master Programs Handbook webpage Yes; MMC 16.67 No No changes anticipated 32 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 25 Resource Lands Defined in RCW 36.70A.030(3), (12) and (17) and consistent with RCW 36.70A.060 and RCW 36.70A.170 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Zoning is consistent with natural resource lands designations in the comprehensive plan and conserves natural resource lands. RCW 36.70A.060(3), WAC 365-196-815 and WAC 365- 190-020(6). Consider innovative zoning techniques to conserve agricultural lands of long-term significance RCW 36.70A.177(2). See also WAC 365-196-815(3) for examples of innovative zoning techniques. N/A N/A N/A – no AG Zoning in Medina b. Regulations to assure that use of lands adjacent to natural resource lands does not interfere with natural resource production. RCW 36.70A.060(1)(a) and WAC 365-190-040 Regulations require notice on all development permits and plats within 500 feet of designated natural resource lands that the property is within or near a designated natural resource land on which a variety of commercial activities may occur that are regulations to implement comprehensive plan N/A N/A N/A c. For designated agricultural land, regulations encourage nonagricultural uses to be limited to lands with poor soils or otherwise not suitable for agricultural purposes. Accessory uses should be located, designed and operated to support the continuation of agricultural uses. RCW 36.70A.177(3)(b) N/A N/A N/A d. Designate mineral lands and associated regulations as required by RCW 36.70A.131and WAC 365-190-040(5). For more information review the WA State Dept. of Natural Resources (DNR)’s Geology Division site N/A N/A N/A 33 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 26 Siting Essential Public Facilities Regulations for siting essential public facilities should be consistent with RCW 36.70A.200 and consider WAC 365-196-550. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities. Regulations may be specific to a local jurisdicti on, but may be part of county-wide planning policies (CWPPs). In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes Regulations or CWPPs include a process for siting EPFs and ensure EPFs are not precluded. RCW 36.70A.200(2), (3), (5). WAC 365-196-550(6) lists process for siting EPFs. WAC 365-196-550(3) details preclusions. EPFs should be located outside of known hazardous areas. Visit Commerce’s Behavioral Health Facilities Program page for information on establishing or expanding new capacity for behavioral health EPFs. Yes; MMC 16.80.020 No No changes anticipated Subdivision Code a. Subdivision regulations are consistent with and implement comprehensive plan policies. RCW 36.70A.030(5) and 36.70A.040(4). Yes; MMC 16.73 No No changes anticipated b. Written findings to approve subdivisions establish adequacy of public facilities. RCW 58.17.110 amended in 2018 • Streets or roads, sidewalks, alleys, other public ways, transit stops, and other features that assure safe walking conditions for students. • Potable water supplies, sanitary wastes, and drainage ways. RCW 36.70A.590 amended 2018 • Open spaces, parks and recreation, and playgrounds • Schools and school grounds Other items related to the public health, safety and general welfare WAC 365-196-820(1). Yes; MMC 16.73.090, 16.73.110 No No changes anticipated 34 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 27 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes c. Preliminary subdivision approvals under RCW 58.17.140 and RCW 58.17.170 are valid for a period of five or seven years (previously five years). Note: preliminary plat approval is valid for: seven years if the date of preliminary plat approval is on or before December 31, 2014; five years if the preliminary plat approval is issued on or after January 1, 2015; and ten years if the project is located within city limits, not subject to the shoreline management act, and the preliminary plat is approved on or before December 31, 2007. Yes; MMC 16.73.080 No No changes anticipated Stormwater a. Regulations protect water quality and implement actions to mitigate or cleanse drainage, flooding, and storm water run-off that pollute waters of the state, including Puget Sound or waters entering Puget Sound. RCW 36.70A.070(1) Regulations may include: adoption of a stormwater manual consistent with Ecology’s latest manual for Eastern or Western Washington, adoption of a clearing and grading ordinance –See Commerce’s 2005 Technical Guidance Document for Clearing and Grading in Western Washington. Adoption of a low impact development ordinance. See Puget Sound Partnership’s 2012 Low Impact Development guidance and Ecology’s 2013 Eastern Washington Low Impact Development guidance. Additional Resources: Federal Grants to Protect Puget Sound Watersheds , Building Cities in the Rain, Ecology Stormwater Manuals, Puget Sound Partnership Action Agenda Yes; MMC 13.06 No No changes anticipated 35 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 28 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes b. Provisions for corrective action for failing septic systems that pollute waters of the state. RCW 36.70A.070(1). See also: DOH Wastewater Management, Ecology On-Site Sewage System Projects & Funding No No N/A Impact Fees May impose impact fees on development activity as part of the financing for public facilities, provided that the financing fo r system improvements to serve new development must provide for a balance between impact fees and other sources of public funds; cannot rely solely on impact fees. a. If adopted, impact fees are applied consistent with RCW 82.02.050 amended in2016, .060 amended in 2021, .070, .080, .090 amended in 2018 and .100. WAC 365-196-850 provides guidance on how impact fees should be implemented and spent. N/A N/A N/A b. Jurisdictions collecting impact fees must adopt and maintain a system for the deferred collection of impact fees for single-family detached and attached residential construction, consistent with RCW 82.02.050(3) amended in 2016 N/A N/A N/A c. If adopted, limitations on impact fees for early learning facilities RCW 82.02.060 amended in 2021 N/A N/A N/A d. If adopted, exemption of impact fees for low- income and emergency housing development RCW 82.02.060 amended in 2021. See also definition change in RCW 82.02.090(1)(b) amended in 2018 N/A N/A N/A 36 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 29 Concurrency and Transportation Demand Management (TDM) Ensures consistency in land use approval and the development of adequate public facilities as plans are implemented, maximizes the efficiency of existing transportation systems, limits the impacts of traffic and reduces pollution. In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. The transportation concurrency requirement includes specific language that prohibits development when level of service standards for transportation facilities cannot be met. RCW 36.70A.070(6)(b), WAC 365-196-840. Note: Concurrency is required for transportation, but may also be applied to park facilities, etc. N/A N/A N/A b. Measures exist to bring into compliance locally owned transportation facilities or services that are below the levels of service established in the comprehensive plan. RCW 36.70A.070(6)(a)(iii)(B) and (D). Levels of service can be established for automobiles, pedestrians and bicycles. See WAC 365-196- 840(3) on establishing an appropriate level of service. N/A N/A N/A c. Highways of statewide significance (HSS) are exempt from the concurrency ordinance. RCW 36.70A.070(6)(a)(iii)(C) N/A N/A N/A d. Traffic demand management (TDM) requirements are consistent with the comprehensive plan. RCW 36.70A.070(6)(a)(vi) Examples may include requiring new development to be oriented towards transit streets, pedestrian-oriented site and building design, and requiring bicycle and pedestrian connections to street and trail networks. WAC 365-196-840(4) recommends adopting methodologies that analyze the transportation system from a comprehensive, multimodal perspective. N/A N/A N/A 37 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 30 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes e. If required by RCW 82.70, a commute trip reduction (CTR) ordinance to achieve reductions in the proportion of single-occupant vehicle commute trips has been adopted. The ordinance should be consistent with comprehensive plan policies for CTR and Department of Transportation rules. N/A N/A N/A Tribal Participation in Planning new in 2022 (see HB 1717) A federally recognized Indian tribe may voluntarily choose to participate in the county or regional planning process. a. Mutually agreeable memorandum of agreement between local governments and tribes in regard to collaboration and participation in the planning process unless otherwise agreed at the end of a mediation period RCW 36.70A.040(8)(a) new in 2022 No No N/A b. Policies consistent with countywide planning policies that address the protection of tribal cultural resources in collaboration with federally recognized Indian tribes that are invited, provided that a tribe, or more than one tribe, chooses to participate in the process. RCW 36.70A.210(3)(i) new in 2022 Yes; MMC 16.83.110, 16.66.080, 16.50.100, 16.67.080 No No changes anticipated Regulations to Implement Optional Elements a. New fully contained communities are consistent with comprehensive plan policies, RCW 36.70A.350 and WAC 365-196-345 N/A N/A N/A b. If applicable, master planned resorts are consistent with comprehensive plan policies, RCW 36.70A.360, RCW 36.70A.362 and WAC 365-196-460 N/A N/A N/A 38 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 31 In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes c. If applicable, major industrial developments and master planned locations outside of UGAs are consistent with comprehensive plan policies, RCW 36.70A.365, RCW 36.70A.367 and WAC 365-196-465 N/A N/A N/A d. Regulations include procedures to identify, preserve, and/or monitor historical or archaeological resources. RCW 36.70A.020(13), WAC 365-196-450 Yes; MMC 16.66.080 No No changes anticipated e. Other development regulations needed to implement comprehensive plan policies such as energy, sustainability or design are adopted. WAC 365-196-445 No Yes Will integrate sustainability into this update f. Design guidelines for new development are clear and easy to understand; administration procedures are clear and defensible. N/A N/A No design guidelines Project Review Procedures Project review processes integrate permit and environmental review. RCW 36.70A.470, RCW 36.70B and RCW 43.21C. Also: WAC 365-196-845, WAC 197-11(SEPA Rules), WAC 365-197 (Project Consistency Rule, Commerce, 2001) and Ecology SEPA Handbook. Integrated permit and environmental review procedures for: • Notice of application • Notice of complete application • One open-record public hearing • Combining public hearings & decisions for multiple permits • Notice of decision • One closed-record appeal Yes; MMC 14.04, MMC 16.80.150 No No changes anticipated 39 AGENDA ITEM 7.2 PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – REVISED OCTOBER 2022 32 Plan & Regulation Amendments If procedures governing comprehensive plan amendments are part of the code, then assure the following are true: In Current Regs? Yes/No If yes, cite section Changes needed to meet current statute? Yes/No Notes a. Regulations limit amendments to the comprehensive plan to once a year (with statutory exceptions). RCW 36.70A.130(2) and WAC 365-196-640(3) Yes; MMC 16.83 No No changes anticipated b. Regulations define emergency for an emergency plan amendment. RCW 36.70A.130(2)(b) and WAC 365-196-640(4) Yes; MMC 16.66.130 No No changes anticipated c. Regulations include a docketing process for requesting and considering plan amendments. RCW 36.70A.130(2), RCW 36.70A.470, and WAC 365-196-640(6) Yes; MMC 16.83 No No changes anticipated d. A process has been established for early and continuous public notification and participation in the planning process. RCW 36.70A.020(11), RCW 36.70A.035 and RCW 36.70A.140. See WAC 365-196-600 regarding public participation and WAC 365-196-610(2) listing recommendations for meeting requirements. Yes; MMC 16.81.060 No No changes anticipated e. A process exists to assure that proposed regulatory or administrative actions do not result in an unconstitutional taking of private property RCW 36.70A.370. See the 2018 Advisory Memo on the Unconstitutional Taking of Private Property Yes; MMC 16.60.020 No No changes anticipated f. Provisions ensure adequate enforcement of regulations, such as zoning and critical area ordinances (civil or criminal penalties). See implementation strategy in WAC 365-196- 650(1). Yes; MMC 16.43.080, 16.75.100, 12.10.120, 8.06.600, 16.16.020 No Minor enforcement amendments to help clarify sections are possible 40 AGENDA ITEM 7.2 CITY OF MEDINA 501 EVERGREEN POINT ROAD | PO BOX 144 | MEDINA WA 98039-0144 TELEPHONE 425-233-6400 | www.medina-wa.gov MEMORANDUM DATE: January 23, 2024 TO: Medina Planning Commission FROM: Jonathan Kesler, AICP, Planning Manager RE: Comprehensive Plan Update – Utilities Element Each city and county under the Washington State Growth Management Act (originally adopted in 1991) is required to periodically review and, if needed, revise its comprehensive plan to ensure compliance with the Act. The last time that Medina completed a Comprehensive Plan update was in 2015. In 2022, the eight-year comprehensive plan periodic cycle was extended to a 10-year cycle which will begin after this current cycle. The current comprehensive plan periodic update cycle requires that Medina complete its review and revision by December 31, 2024. Of the eight remaining elements to review, the next up is the Utilities Element. The draft Utilities Element is attached for discussion. Suggested edits (red lines) of the Goals and Policies section of the Utilities Element by Ryan Osada, Public Works Director, are attached as a separate document. In addition, per the determination of former Planning Manager Stephanie Keyser in the Periodic Update Checklist for Fully-Planning Cities for Medina, compiled before the start of the Comprehensive Plan Update in October 2022, she indicated the following: The columns answer “No” to the following questions: “In Current Plan?” and “Changes needed to meet current statute?” 41 AGENDA ITEM 7.3 Medina Comprehensive Plan Amended by Ordinance No. 924, October 12, 2015 Section 8 - UTILITIES ELEMENT INTRODUCTION The Growth Management Act (GMA) requires the utility element of the comprehensive plan to consist of “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.” EXISTING CONDITIONS There are four utilities that provide services to Medina: electricity, natural gas, telecommunications, and garbage and recyclables collection. The majority of electrical, gas and telephone lines are located along or within public rights-of-way. Electrical power is supplied by Puget Sound Energy, Inc. It is estimated that th e average residential customer uses 11,539 kilowatt hours per year. Puget Sound Energy, Inc. maintains two sub-stations in Medina: one adjacent to Wells-Medina Nursery on 84th Avenue NE and the other at the corner of NE 10th Street and 80th Avenue NE adjac ent to Medina Park. Natural gas is provided by Puget Sound Energy. And cable television is provided under a franchise agreement with Comcast. Telephone service is provided to Medina by CenturyLink. The telecommunications industry is in the midst of significant advances in technology. Cellular and optical fiber technologies are transforming the way service is delivered, and the physical barriers that separate voice, data and video communications are rapidly disappearing. New technologies relating to wireless communications have increased the community’s demand for wireless communication services. In order to better meet this demand, in 2010 the City revised its telecommunications regulations. The updated regulations are intended to encourage improved delivery of wireless technologies throughout the City. In 2010, the City entered into a nonexclusive telecommunications franchise agreement with ATC Outdoor DAS, LLC (ATC) to upgrade existing wireless communication facilities in Medina. The distributed antenna system subsequently installed by ATC conforms to the City’s updated telecommunication regulations, and is designed to meet projected capacity needs for at least five years. Solid waste and recycling for Medina is handled under a franchise agreement with Republic Services. There is currently no household hazardous waste repository in the 42 AGENDA ITEM 7.3 City, though Medina is proportionately funding Bellevue's recycling activities to allow its residents the opportunity to utilize hazardous waste programs. All of the above services are provided to Medina customers on an individual basis, and it is the providers' responsibility to maintain equipment and handle service problems and inquiries. With the exception of the two Puget Sound Energy, Inc. electrical substations and the distributed antenna system, there are no other major facilities operated by these providers within the City limits. UTILITIES PLAN Utilities services will likely continue to be provided by the companies previously indicated. Given the minimal population growth, growth related impacts on system capacities are not likely to occur very rapidly. Presently, there do not appear to be any problems related to system capacity. Yet, while existing utility lines should be sufficient to meet the City's present needs, over time repairs and upgrades to the existing system may be necessary to maintain and/or improve efficiency, reliability and/or cap acity. Additional gas, telephone and electrical hook-ups will be made on an individual, as needed basis. There are no plans by any of the providers to locate major facilities in the City. The City actively encourages future undergrounding of remaining abo ve ground utility lines in conjunction with street projects. Although undergrounding has been required for new construction for some time, there are a number of areas of the City that are still served by aerial lines. Above- ground installations are aesthetically problematic and subject to weather-related damage. The replacement of aerial wiring has been and should remain the primary responsibility of homeowners. However, the City can provide leadership to encourage progress on undergrounding. Household waste reduction and recycling of waste materials will continue to be encouraged. In addition, the City will continue to work with Bellevue to provide special and hazardous waste programs. GOALS UT-G1 To maintain utility services sufficient to serve the City’s needs. UT-G2 To minimize aesthetic and environmental impacts caused by utility services. UT-G3 To underground all remaining overhead utilities. POLICIES UT-P1 The City shall coordinate with applicable service providers to seek repairs and upgrades to existing utility facilities as necessary to maintain and/or improve efficiency, reliability, and/or capacity. 43 AGENDA ITEM 7.3 UT-P2 The City shall provide leadership and seek to develop a plan to underground remaining above-ground utility lines. UT-P3 The City shall encourage household waste reduction and recycling of waste materials. UT-P4 The City shall continue work with Bellevue to encourage special and hazardous waste programs. 44 AGENDA ITEM 7.3 UTILITIES PLAN GOALS UT-G1 To maintain utility services sufficient to serve the City’s needs. UT-G2 To minimize aesthetic and environmental impacts caused by utility services. UT-G3 To underground all remaining overhead utilities. POLICIES UT-P1 The City shall coordinate with applicable service providers to seek repairs and upgrades to existing utility facilities as necessary to maintain and/or improve efficiency, reliability, and/or capacity. UT-P2 The City shall provide leadership and seek to develop a plan to underground remaining above-ground utility lines. UT-P3 The City shall encourage household waste reduction and recycling of waste materials. UT-P4 The City shall continue work with Bellevue to encourage special and hazardous waste programs. Commented [KZ1]: Ryan O: No Changes suggested. Commented [KZ2]: Ryan O: Upgrade goal consistent with Telecommunication act and to accommodate the needs of the city. Commented [KZ3]: Ryan O: Bond measure to pay for underground. Planning for undergrounding the remaining facilities. Grant research. Commented [KZ4]: Ryan O: Current Providers: PSE power & gas, Lumen & Comcast- cable, Internet- Comcast, Bellevue Sewer-Water. Mention Providers? Commented [KZ5]: Ryan O: King County Waste - Factoria. Partner will Bellevue- Recycling Outreach. Mention Providers Commented [KZ6]: Ryan O:General comments. Comprehensive Plan not accurate or updated particularity in this section and narrative. Suggested include approximates. Remove specific numbers throughout the Narrative. Commented [KZ7]: Ryan O:Concerned about "Special" may need to remove. Consider merging these policies. UT- P3 & UT-P4 45 AGENDA ITEM 7.3