Planning Commission launches critical-areas ordinance review, proposes early tribal outreach and RUE legal briefing

City staff told the Lake Forest Park Planning Commission that it will begin a multi-step update of the city's critical areas ordinance (CAO), starting with a staff-level review and use of the Washington State Department of Commerce checklist to identify gaps that would require technical expertise or consultant support.

The staff presentation described three components: (1) an internal investigation and scoping exercise to identify what in the CAO needs amendment; (2) completion of the Department of Commerce's voluntary checklist to make the scope of consultant work efficient and to reduce the risk of appeals; and (3) proactive, early outreach to tribes and other stakeholders before draft amendments are prepared. City staff framed the effort as aiming to produce an ordinance that 'reflects local values' and minimizes the risk of challenge or appeal while conforming to the Growth Management Act and related state rules.

Commissioner Janne Kaje urged a careful approach to tribal outreach, saying tribes appreciate targeted requests that help them prioritize their review. Kaje cautioned that outreach to the Duwamish Tribal Services Organization should be handled differently from outreach to federally recognized tribes to avoid raising historical sensitivities, and recommended the staff draft a scoped letter describing the areas the city expects to examine.

Staff also explained the role of reasonable-use exemptions (RUEs) in the CAO. They said RUEs remain in the code in part because denying an exemption in certain circumstances can trigger a constitutional 'takings' claim; the hearing examiner, an independent decision maker, reviews RUE appeals. Staff described a pending RUE matter as an example and said the public record and prior written comments will be part of the hearing process.

Commissioners asked how the public and the commission would be notified of RUE hearings. Staff said notices of public hearing will be issued and that previously submitted comments have been transmitted to the hearing examiner; while the Planning Commission is not a party of record on an independent hearing examiner review, staff said it will widely publicize hearings and suggested bringing the city attorney in to provide legal background on the RUE process (educational rather than case-specific legal advice).

Staff identified technical priorities that the checklist is expected to reveal, including aligning local code with the state's definitions of 'best available science' and 'no net loss,' and determining how long wetland and geotechnical reports should remain valid for project review. Commissioners suggested starting with wetlands as a manageable initial focus and compiling a 'parking lot' of specific code items that will require technical expertise.

Next steps: staff will run the Department of Commerce checklist, draft an early outreach letter to tribal environmental staff (tailored per commissioners' guidance), identify technical scopes for consultant work, and invite the city attorney to brief the commission on RUE legal context. The commission tentatively scheduled its next meeting for Aug. 11 to review the running list of code questions and to receive the planned briefings.