20.25M.035 Citizen Advisory Committee Review required

20.25M.035 Citizen Advisory Committee Review required.

Formation of a Citizen Advisory Committee (CAC) for the East Link Project was identified as necessary in the Light Rail Best Practices Final Committee Report dated June 17, 2008. This section of the Light Rail Overlay describes the process required to involve a CAC in the review of permits identified in LUC 20.25M.030.C as necessary for approval of an RLRT system or facility.

A. Purpose. The purpose of a CAC formed under the terms of this section is to:

1. Dedicate the time necessary to represent community, neighborhood and Citywide interests in the permit review process; and

2. Ensure that issues of importance are surfaced early in the permit review process while there is still time to address design issues while minimizing cost implications; and

3. Consider the communities and land uses through which the RLRT system or facility passes, and set “the context” for the Regional Transit Authority to respond to as facility design progresses; and

4. Help guide RLRT system and facility design to ensure that neighborhood objectives are considered and design is context sensitive by engaging in ongoing dialogue with the Regional Transit Authority and the City, and by monitoring follow-through; and

5. Provide a venue for receipt of public comment on the proposed RLRT facilities and their consistency with the policy and regulatory guidance of subsection E of this section and LUC 20.25M.040 and 20.25M.050; and

6. Build the public’s sense of ownership in the project; and

7. Ensure CAC participation is streamlined and effectively integrated into the permit review process to avoid delays in project delivery.

1. Formation. The CAC shall be formed by the City Council and shall be comprised of at least seven but not more than nine members. Formation should occur as soon as practicable following adoption of the Light Rail Overlay, Part 20.25M LUC, in order to ensure that the members are able to fulfill the CAC intended purpose of participation early in the light rail facility design process.

2. Member Experience. The experience and background of individuals considered for CAC appointments should be taken into consideration when identifying potential members. Members of the CAC will be an invaluable resource to the Regional Transit Authority and the City, and their experience and background should ensure that the CAC:

a. Represents a breadth of professional experience that includes urban planners, artists, architects, landscape architects, engineers and builders with large project experience; and

b. Is comprised solely of Bellevue residents, including, but not limited to: transit riders and property and business owners with holdings or interests in the vicinity of, but not immediately abutting, the RLRT facility or system; and

c. Has no members with a financial or other private interest, direct or indirect, personally or through a member of his or her immediate family, with the Regional Transit Authority, its contractors, subcontractors, agents or employees, and has no members that have been employed by or been affiliated with the Regional Transit Authority in any capacity.

C. Scope of CAC Work. The scope of work for the CAC is intended to support the CAC purpose described in subsection A of this section. The CAC is advisory to the decision maker for the design and mitigation permits, and its scope includes:

1. Becoming informed on the proposed RLRT system or facility project;

2. Accepting comments from the public during CAC meetings for incorporation into the consolidated advice provided by the CAC to the Regional Transit Authority and the City of Bellevue;

3. Participating in context setting to describe the communities, urban and historic context, and natural environment through which the alignment passes;

4. Providing early and ongoing advice to the Regional Transit Authority on how to incorporate context sensitive design and mitigation into schematic designs for proposed project elements including stations, linear track elements, landscape development, walls (including concrete and masonry and tunnel portal), park and rides, traction power substations and other features of the RLRT system or facility; and

5. Providing advisory guidance to permit decision makers as described in more detail below regarding any RLRT system or facility design and mitigation issues prior to any final decision on required Design and Mitigation Permits, including written guidance as to whether the proposal complies with the policy and regulatory guidance of subsection E of this section and LUC 20.25M.040 and 20.25M.050.

1. Process Summary. The CAC Review Phases are aligned with RLRT system and facility design phases and City permit review phases in order to achieve permit streamlining and consolidation objectives. Figure 20.25M.035.D.1 depicts the general relationship between the CAC review, the Regional Transit Authority’s separate design processes, and City permit review phases. The following paragraphs describe the intended timing of CAC review, the focus of CAC involvement, and the anticipated work product to be generated by the CAC at each review phase. The table is illustrative only, and actual timing of CAC review and participation will be designated for each design and mitigation review as appropriate to ensure that CAC input is consolidated with the applicable permitting process.

Figure 20.25M.035.D.1. Illustration of CAC Process in Relationship to Design and Permitting Activities
CAC Review Phases^*	General Intent of CAC Review	Relationship to Regional Transit Authority Design Phases^*	Relationship to City Overlay Permit Phases^*
Context Setting	Provide early input on “context” to which design elements and features of RLRT system or facility should respond, including landscape development and tree retention; develop understanding of project goals and objectives; provide early guidance on areas where the policy and regulatory guidance of subsection E of this section and LUC 20.25M.040 and 20.25M.050 and request additional information that may be necessary to evaluate compliance.	Preliminary Engineering Phase (0 –30% Design)	Pre-Application Conference
Schematic Design	Provide feedback regarding effectiveness at incorporating contextual direction into the early phases of design. Anticipated that CAC would provide advice regarding complementary building materials, integration of public art, preferred station furnishings from available options, universal design measures to enhance usability by all people, quality design and materials and landscape development and tree retention. Provide further input and guidance, based on the input and guidance provided in the context setting phase, on compliance (or lack of compliance) with the policy and regulatory guidance of subsection E of this section and LUC 20.25M.040 and 20.25M.050 and whether information is sufficient to evaluate such compliance.	Design Phase (30% Design)	Pre-Development Review
Design Development	Provide feedback regarding effectiveness of design and landscape development in incorporating prior guidance at context and schematic design stages. Provide further input and guidance, based on the input and guidance provided in the context setting phase, on compliance (or lack of compliance) with the policy and regulatory guidance of subsection E of this section and LUC 20.25M.040 and 20.25M.050, and whether information is sufficient to evaluate such compliance. Provide the Advisory Document.	(60% Design)	Permit review (CAC input provided prior to Director recommendation (if CUP required) or Director decision on the Design and Mitigation Permit (Process II), as applicable)
Construction Permits	This phase is only necessary if additional design was required as a condition on the permits issued pursuant to LUC 20.25M.030.C. The intent of this CAC review phase is to provide feedback on final design details for specific RLRT system or facility components when the information necessary for the CAC’s review was not available at the time of the design and mitigation review process. Examples include review of final details of public art or landscape development included in the project, which may have been available at a conceptual level only at the time of design and mitigation review.	(90 – 100% Design)	Review of design and mitigation conditions required to be met prior to Building Permit issuance

*Anticipated. Design phasing is under control of applicant. In the event of a conflict between the stated design phase and the City’s overlay permit phase, CAC involvement occurs at the time of the identified City permit phase.

a. General. CAC involvement in each design phase should occur early in the process and shall be coordinated, to the extent feasible, with other public outreach opportunities that are either required by the City’s applicable permit process, or are undertaken by the Regional Transit Authority as part of its design process. It is the intent of this section to consolidate CAC involvement with existing outreach activities, and to avoid duplication or sequential outreach that can result in confusion for the public and delays in the project.

b. Coordinated with Regional Authority Outreach. Where CAC involvement is coordinated with the Regional Transit Authority’s design process, notice of such CAC meeting may be combined with publications required pursuant to subsection B of this section. The Regional Transit Authority shall demonstrate compliance with the CAC involvement requirements of this section, and shall provide to the City a copy of all written comments received by the Regional Transit Authority during the CAC involvement process for including in the permit file.

c. Consolidation of Review Phases. A final plan for involvement of a CAC in the RLRT system or facility design process shall be developed by staff in consultation with the CAC and Regional Transit Authority after a CAC is formed and its members approved by the City Council as set forth in subsection B of this section. The final plan may allow for consolidation or modification of the timing of CAC review phases as appropriate to meet the objectives of this part and as agreed to by the CAC, the City and the Regional Transit Authority.

a. General. The work of the CAC at each review stage shall culminate in a CAC Advisory Document that describes the phase of review and CAC feedback consistent with the CAC scope of review described in this section. City staff will support the CAC preparation of this work product. Except as otherwise provided, the CAC will work with City staff on the appropriate level of detail and content.

b. Design Development Review Phase. The CAC shall produce a written Advisory Document during the design development review phase that includes advice and feedback regarding consistency of the project with the policy and regulatory guidance of subsection E of this section and LUC 20.25M.040 and 20.25M.050. The CAC may include advice to the Director regarding departures from the overlay requirements which should be considered in order to achieve a context-sensitive outcome. The Advisory Document required by this subsection shall be considered in any written recommendation of the Director (CUP) or decision of the Director (Process II). Departures by the Director from specific recommendations included within the CAC’s Advisory Document shall be limited to those instances where the Director determines that the departure is necessary to ensure that the RLRT facility or system is consistent with: (i) applicable policy and regulatory guidance contained in subsection E of this section; (ii) authority granted to the CAC pursuant to this section; (iii) SEPA conditions or other regulatory requirements applicable to the RLRT system or facility; or (iv) state or federal law. Departures from the CAC Advisory Document shall be addressed in the recommendation or decision by the Director, and rationale for the departures shall be provided.

1. Guidance for Evaluating Context Sensitivity. Advice provided by the CAC shall be objectively based upon the policies, regulations, guidelines and other documents adopted for the RLRT system and facility to ensure that the final project is designed to achieve a context sensitive outcome. The following documents shall be used to guide work product development by the CAC as described in subsection D of this section:

a. Light Rail Best Practices Report and other relevant Comprehensive Plan and Subarea Plan policies, including without limitation those set forth in LUC 20.25M.010.B.7; and

b. Part 20.25M LUC:

i. LUC 20.25M.040; and

ii. LUC 20.25M.050.

2. Meeting Operations. The meetings of the CAC and documents developed through the process shall operate and be managed consistent with the applicable requirements of the Open Public Meetings Act (Chapter 43.20 RCW) and the Public Records Act (Chapter 42.56 RCW). Meetings of any CAC formed pursuant to this section, where not otherwise combined with other public outreach efforts, shall generally follow Robert’s Rules of Order. (Ord. 6101, 2-25-13, § 1)