HomeMy WebLinkAbout08-28-2024 YPC Agenda Packet
The meeting will also be recorded and posted on the Y-PAC website.
Visit the Yakima Planning Commission webpage for more information, including agenda packets and minutes.
DEPARTMENT OF COMMUNITY DEVELOPMENT
Bill Preston, P.E., Director
Trevor Martin, AICP, Manager
Planning Division
129 North Second Street, 2nd Floor Yakima, Washington 98901
Phone (509) 575-6183 • Fax (509) 575-6105 • Email: ask.planning@yakimawa.gov
CITY OF YAKIMA PLANNING COMMISSION
Yakima City Hall Council Chambers
129 N 2nd Street, Yakima, WA 98901
August 28, 2024
3:00 p.m. – 5:00 p.m.
YPC MEMBERS:
Chair Mary Place, Vice-Chair Anne Knapp, Jeff Baker,
Charles Hitchcock, Leanne Hughes-Mickel, Colleda Monick, Philip Ostriem,
Kevin Rangel, Arthur Salido, Frieda Stephens, and Shelley White
City Council Liaison: Rick Glenn, Janice Deccio
CITY PLANNING STAFF:
Bill Preston (Community Development Director), Lisa Maxey (Admin. Assistant), Trevor
Martin (Planning Manager), Eric Crowell (Senior Planner), Connor Kennedy (Associate
Planner), Eva Rivera (Planning Technician), Irene Linos (Temp. Department Assistant I)
AGENDA
I. Call to Order
II. Roll Call
III. Staff Announcements
IV. Public Comment
V. CPA Explanation
VI. Study Session -
Applicant: PAC INVESTMENTS LLC
File No.: CPA#002-24, RZ#002-24, CL3#003-24
Address: 7500 W NOB HILL BLVD
VII. Other Business
• Bicycle & Pedestrian Committee Recommendations to the Planning Commission
• Updated Planning Commission Bylaws
• SB5290 - New Development Timelines
VIII. Adjourn
Next Meeting: September 11, 2024
DEPARTMENT OF COMMUNITY DEVELOPMENT
Bill Preston, Interim Community Development Director
Planning Division
Trevor Martin, Manager
129 North Second Street, 2nd Floor, Yakima, WA 98901
ask.planning@yakimawa.gov ∙ www.yakimawa.gov/services/planning
NOTICE OF APPLICATION AND ENVIRONMENTAL REVIEW
DATE: June 11, 2024
TO: HLA Engineering & Surveying, and Adjoining Property Owners
FROM: Bill Preston, Acting Community Development Director
APPLICANT: HLA Engineering & Surveying – Joseph Calhoun
FILE NUMBER: CPA#002-24, RZ#002-24, CL3#003-24 & SEPA#005-24
LOCATION: 7500 W. Nob Hill Blvd.
TAX PARCEL NUMBER(S): 181329-31401
DATE OF APPLICATION: April 16, 2024
DATE OF COMPLETE APP: June 7, 2024
PROJECT DESCRIPTION Proposed change to the Future Land Use map designation to establish a
whole parcel under Community Mixed Use, the north half of the lot is Commercial Mixed Use, and a
concurrent rezone to the north half of the property from Large Convenience Center District (LCC) to Local
Business District (B-2) to construct a new residential mini storage on the rest of the lot.
DETERMINATION OF CONSISTENCY Pursuant to YMC § 16.06.020(A), the project considerations are
determined to be consistent with applicable development regulations, as follows:
1. The type of land use: Residential Mini-Storage
2. Level of development: N/A
3. Infrastructure and public facilities: The subject property is able to be served by public streets,
water, sewer, garbage collection, etc.
4. Characteristics of development: The proposal shall adhere to all Title 12 and Title 15
development standards.
Pursuant to YMC § 16.06.020(B), the development regulations and comprehensive plan considerations
are found to be consistent, as follows:
1. The type of land use: Residential Mini-Storage
2. Density of Development: N/A
3. Availability and adequacy of infrastructure and public utilities: The subject property is able to be
served by public facilities.
NOTICE OF ENVIRONMENTAL REVIEW This is to notify agencies with jurisdiction and environmental
expertise and the public that the City of Yakima, Planning Division, has been established as the lead
agency, under WAC § 197-11-928 for this project. The City of Yakima has reviewed the proposed project
for probable adverse environmental impacts and expects to issue a Determination of Nonsignificance
(DNS) per WAC § 197-11-355. The proposal may include mitigation measures under applicable codes
and the project review process may incorporate or require mitigation measures regardless of whether an
EIS is prepared. A copy of the subsequent threshold determination may be obtained by request and may
be appealed pursuant to YMC § 6.88.170.
Required Permits: The following local, state, and federal permits/approvals may or will be needed for
this project: Building Permit, Grading Permit
Required Studies: N/A
Existing Environmental Documents: None
Development Regulations for Project Mitigation and Consistency Include: the State Environmental
Policy Act, the Yakima Urban Area Zoning Ordinance, YMC Title 12—Development Standards, and the
Yakima Urban Area Comprehensive Plan.
REQUEST FOR WRITTEN COMMENTS Agencies, tribes, and the public are encouraged to review and
comment on the proposed project and its probable environmental impacts. There is a 14-day comment
period for this review. This may be your only opportunity to comment. All written comments received by
5:00 p.m. on June 25, 2024, will be considered prior to issuing the final SEPA determination. Please
reference file numbers (CPA#002-24, RZ#002-24, CL3#003-24 & SEPA#005-24) and applicant’s name
(HLA Engineering & Surveying – Joseph Calhoun) in any correspondence you submit. You can mail your
comments to:
Bill Preston, Acting Community Development Director
City of Yakima, Department of Community Development
129 North Second Street, Yakima, WA 98901
NOTICE OF DECISION A copy of the SEPA threshold determination will be mailed to parties of record
and entities who were provided this notice after the end of the 14-day comment period. There will be a
14-day SEPA appeal period effective upon the date of mailing.
PUBLIC HEARING This comprehensive plan map amendment request and concurrent rezone will require
two public hearings; one open record hearing before the City of Yakima’s Planning Commission to be
followed by an open record hearing before the Yakima City Council. A separate public notice will be
provided for each hearing in accordance with YMC Title 16.
The file containing the complete application for this proposal is available for public review at the City of
Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. If you have any
questions on this proposal please contact Connor Kennedy, Associate Planner, at (509) 575-6162 or
email: connor.kennedy@yakimawa.gov.
Enclosed: Applications, SEPA Checklist, Site Plans, and Mailing Map
DEPARTMENTO DE DESARROLLO COMUNITARIO
Bill Preston, Director Interino
Division de Planificación
Trevor Martin, Gerente
129 Norte Calle 2ª, 2º Piso, Yakima, WA 98901
ask.planning@yakimawa.gov ∙ www.yakimawa.gov/services/planning
AVISO DE APLICACIÓN Y REVISIÓN AMBIENTAL
El Departamento de Desarrollo Comunitario de la Ciudad de Yakima ha recibido una aplicación por parte
de un propietario/solicitante y este es un aviso sobre esa solicitud. Información sobre la ubicación de la
propiedad en cuestión y la solicitud es la siguiente:
FECHA OTORGADA: 11 de junio, 2024
PARA: Agencias de Revisión Ambiental, Solicitante y Propietarios Adyacentes
DE: Bill Preston Director Interino de Desarrollo Comunitario
SOLICITANTE: HLA Engineering & Surveying – Joseph Calhoun
No. DE ARCHIVO: CPA#002-24, RZ#002-24, CL3#003-24 & SEPA#005-24
UBICACIÓN: 7500 W. Nob Hill Blvd.
No. DE PARCELA: 181329-31401
FECHA DE APLICACIÓN: 16 de abril, 2024
FECHA DE APLICACIÓN COMPLETA: 7 de junio, 2024
DESCRIPCIÓN DEL PROYECTO: Enmienda al Mapa del Plan Integral (CPA) y Revisión Ambiental que
solicita cambiar la designación del Mapa del Uso Futuro para una parcela entera bajo Uso Mixto
Comunitario, la mitad norte del lote es Uso Mixto Comercial, y una rezonificación concurrente a la mitad
norte de la propiedad de Distrito de Centro de Conveniencia Grande (LCC) a Distrito de Negocio Local (B-
2) para construir un nuevo mini almacén residencial en el resto del lote.
DETERMINACIÓN DE LA CONSISTENCIA: Conforme al Código Municipal YMC §16.06.020(A), las
consideraciones del proyecto se determinan consistentes a las siguientes normas de desarrollo aplicables:
1. El tipo de uso terrenal: Mini-Almacén Residencial
2. Nivel de desarrollo: N/A
3. Infraestructura e instalaciones públicas: Instalaciones públicas adecuadas están cerca del sitio.
4. Características del desarrollo: Cualquier cambio futuro requerirá adherirse a los estándares de
desarrollo.
Conforme al Código Municipal YMC §16.06.020(B), los reglamentos de desarrollo y las consideraciones
del plan comprehensivo son coherentes, de la siguiente manera:
1. El tipo del uso terrenal: Mini-Almacén Residencial
2. Densidad del desarrollo: N/A
3. Disponibilidad y adecuación de infraestructura y servicios públicos: Instalaciones públicas
adecuadas están cerca del sitio.
AVISO DE REVISIÓN AMBIENTAL: Esto es para notificar a las agencias con jurisdicción y experiencia
ambiental y al público que la Ciudad de Yakima, Division de Planificación, se establece como la agencia
principal, de acuerdo con la Ley Estatal de Política Ambiental de Washington (SEPA) bajo WAC §197-11-928
para la revisión de este proyecto. La Ciudad de Yakima ha revisado el proyecto propuesto para posibles
impactos ambientales adversos y espera emitir una Determinación de No-Significancia (DNS) para este
proyecto conforme al proceso DNS opcional en WAC § 197-11-355. La propuesta puede incluir medidas de
mitigación bajo los códigos aplicables y el proceso de revisión del proyecto puede incorporar o requerir medidas
de mitigación independientemente de si se prepara un EIS (Declaración de Impacto Ambiental). Una copia de
la determinación de umbral posterior se puede obtener por solicitud y se puede apelar de acuerdo con el
Código Municipal de Yakima YMC § 6.88.170.
Permisos Requeridos: Los siguientes permisos/aprobaciones locales, estatales y federales pueden ser o
serán necesarios para este proyecto: Permiso de construcción, permiso de nivelación
Estudios Requeridos: Ninguno
Documentos Ambientales Existentes: Ninguno
Los Reglamentos de Desarrollo para la Mitigación y Consistencia de Proyectos Incluyen: La Ley Estatal
de Política Ambiental de Washington, La Ordenanza de Zonificación del Área Urbana de Yakima, YMC Título
12-Normas de desarrollo, y el Plan Integral del Área Urbana de Yakima.
SOLICITUD DE COMENTARIOS ESCRITOS: Se anima a las agencias, tribus, y el público a revisar y
comentar sobre el proyecto y sobre sus probables impactos ambientales. Habrá un periodo de catorce días
para hacer sus comentarios. Este podría ser su única oportunidad para comentar. Todos los comentarios
recibidos por escrito antes de las 5:00 p.m. el 25 de junio, 2024, serán considerados antes de emitir la
decisión final sobre esta solicitud. Por favor de hacer referencia al número de archivo CPA#002-24,
RZ#002-24, CL3#003-24 & SEPA#005-24) o al nombre del solicitante (HLA Engineering & Surveying –
Joseph Calhoun) en cualquier correspondencia que envié. Envié sus comentarios sobre esta propuesta
a:
Bill Preston, Acting Community Development Director
City of Yakima, Department of Community Development
129 N. 2nd St., Yakima, WA 98901
AVISO DE LA DECISIÓN FINAL: Se enviará por correo una copia de la determinación del umbral de
SEPA a las partes registradas y entidades a las que se les proporcionó este aviso después del final del
período de comentarios de 14 días. Habrá un período de apelación SEPA de 14 días a partir de la fecha
de envío.
AUDIENCIA PUBLICA: Esta solicitud de enmienda del mapa del plan integral y la rezonificación
concurrente requerirán dos audiencias públicas; una audiencia de registro abierto ante la Comisión de
Planificación de la Ciudad de Yakima seguida de una audiencia de registro abierto ante el Concejo
Municipal de Yakima. Se proporcionará un aviso público por separado para cada audiencia de
acuerdo con el Título 16 de YMC.
El archivo que contiene la aplicación completa está disponible para inspección pública en la Oficina de
Planificación de la Ciudad de Yakima en el 129 al Norte la Calle 2da, Yakima, WA. Si tiene cualquier
pregunta sobre esta propuesta, puede contactar a la Oficina de Planificación al (509) 575-6183 o por correo
electrónico al: ask.planning@yakimawa.gov
Adjunto: Aplicaciones, Lista SEPA, Plan del Sitio, Mapas
Business of the Planning Commission City of Yakima
Agenda statement
For mee�ng of: TBD
ITEM TITLE: Cowiche Canyon Trail Grand Opening and Ribbon Cu�ng
SUBMITTED BY: City of Yakima Bicycle & Pedestrian Advisory Commitee
SUMMARY EXPLANATION:
By a unanimous vote, the Bicycle and Pedestrian Advisory Commitee recommends that City staff be
instructed to organize and conduct a Grand Opening of the newly completed Phase One of the Cowiche
Canyon Trail. The date and �me to be determined by City staff.
The recent comple�on of Phase One of the Cowiche Canyon Trail and its bridge over Cowiche Creek
marks a major step forward in the development of bicycle and pedestrian facili�es in the City of Yakima
and Yakima County.
The trail came about through years of planning and construc�on that involved many partners in the city,
county and state governments – especially through the efforts of state Sen. Cur�s King in securing the
necessary funding for the project.
The City of Yakima Bicycle and Pedestrian Advisory Commitee unanimously views the Phase One
comple�on as a development worthy of public celebra�on. The Commitee proposes that the city plan a
ribbon-cu�ng ceremony to honor representa�ves of the city and county governments – and especially
Sen. King – for the efforts in the progress made so far. The ceremony would include no�fica�ons to local
media and the public at large.
The Bicycle and Pedestrian Commitee makes this proposal in the spirit of enabling city officials to inform
the public about the very real progress that the city is making in providing for recrea�onists. The
proposal is in line with a consultant’s recent recommenda�on that the city adver�se its
accomplishments on a regular basis.
We recommend that city officials use this project to show its ci�zens that its government is working for
the residents of Yakima.
ITEM BUDGETED: TBD
STRATEGIC PRIORITY: PUBLIC ENGAGEMENT
RECOMMENDATION: Forward to City Council for discussion.
Business of the Planning Commission City of Yakima
Agenda statement
For mee�ng of: TBD
ITEM TITLE: Cowiche Canyon Trail Phase Two Funding
SUBMITTED BY: City of Yakima Bicycle & Pedestrian Advisory Commitee
SUMMARY EXPLANATION:
By a unanimous vote, the City of Yakima Bicycle and Pedestrian Advisory Commitee recommends that
the city move forward with comple�on of Phase Two of the Cowiche Canyon Trail. The commitee also
recommends that funds allocated to the trail be used solely for that purpose.
The City of Yakima Bicycle and Pedestrian Advisory Commitee hails the recent comple�on of Phase One
of the Cowiche Canyon Trail and its bridge over Cowiche Creek. This project marks a major step forward
in the development of recrea�onal facili�es in the City of Yakima and Yakima County.
The next step is Phase Two, which would connect the exis�ng trail with the Cowiche Canyon
Conservancy’s Cowiche Canyon Trail. The commitee shares the concern of local recrea�on groups that
$800,000 in state money may be diverted to other projects that are oriented toward motorized travel.
Members of the commitee note that the state money, secured through the efforts of state Sen. Cur�s
King, is allocated solely for this par�cular project. Diversion of the money would violate the spirit of the
state alloca�on and poten�ally could imperil the future awarding of monies for non-motorized travel.
The commitee recommends that the City of Yakima Planning Commission s�ck with the intent of the
$800,000 alloca�on and proceed with comple�on of Phase Two of the Cowiche Canyon Trail.
ITEM BUDGETED: $800,000 State Supplemental Transporta�on Budget Funds
STRATEGIC PRIORITY: Public Trust and Accountability
RECOMMENDATION: Retain funds for Cowiche Canyon Trail Phase Two
Business of the Planning Commission City of Yakima
Agenda statement
For mee�ng of: TBD
ITEM TITLE: Vaca�on of a por�on of 68th Avenue
SUBMITTED BY: City of Yakima Bicycle & Pedestrian Advisory Commitee
SUMMARY EXPLANATION:
The City of Yakima Bicycle and Pedestrian Advisory Commitee unanimously recommends that the city
assure public pedestrian and bicycle access to a sec�on of 68th Avenue for which the city is considering a
proposal for vaca�on.
The City of Yakima Bicycle and Pedestrian Commitee recently learned of a pe��on to vacate a por�on of
68th Avenue between Scenic Drive and Englewood Avenue. The Commitee wants to assure that any
ac�on by the city does not shut off public access by bicyclists and pedestrians.
This stretch of 68th Avenue already finds use by recrea�onal walkers and bicyclists as a safe alterna�ve to
66th Avenue, a narrow arterial that lacks shoulders and sidewalks. This stretch of 66th Avenue is unsafe
for non-motorized traffic, and there are few parallel roads that offer alterna�ves for those on foot or on
bicycles.
The affected area of 68th Avenue also is part of a proposal for an “outer circle” bicycle and pedestrian
route that would offer a safe path for non-motorized recrea�onists.
The commitee notes that while that part of 68th Avenue is a private road, it remains a public right-of-
way. A total closure of the road for reasons other than public good would set a troubling precedent for
future requests.
The Bicycle and Pedestrian Commitee recommends that any decision by the Planning Commission
assure access by pedestrians and bicyclists who are members of the public.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: Public Safety
RECOMMENDATION: Priori�ze bicycle and pedestrian access
CITY OF YAKIMA
PLANNING COMMISSION
BYLAWS
(Adopted by the City of Yakima Planning Commission on May 23, 2018;
Amended by City Council, June 5, 2018)
SECTION I: GENERAL RULES AND PROCEDURES
These Bylaws establish the rules and procedures under which the City of Yakima
Planning Commission (YPC or Commission) executes those duties and functions
set forth in Chapter 1.42 of the Yakima Municipal Code.
I. COMPOSITION OF THE COMMISSION, TERMS, OFFICERS, AND STAFF
A. The City of Yakima Planning Commission shall consist of elevenseven
members appointed by the Mayor and confirmed by the City Council. The
term of office for the initial members appointed to the Commission shall be
designated from one to four years in such a manner as to provide that the
fewest possible terms will expire in any one year. Thereafter the term of office
for each appointive member shall be four years.
B. The members of the Commission shall be selected without respect to political
affiliation.
C. No person shall serve more than two consecutive four-year terms, provided
that a person who is appointed to fill an unexpired term of less than two years
is eligible to serve two successive four-year terms; and provided further, a
person who is ineligible to serve for having served two consecutive terms
may again serve after two years have elapsed from the end of the second
such term.
D. The Commission will, by majority vote, elect a Chair and Vice Chair at the
first meeting of each year who will serve throughout that year. The Chair:
1. Decides all points of order and procedural matters subject to rules and
bylaws.
2. May appoint committees as necessary to investigate and report on
matters before the Commission.
In cases where the Chair is absent the Vice Chair will serve in their place and
will have the same powers and duties.
E. Commission Staff assistance shall be provided by the Department of
Community Development with additional assistance and information to be
provided by other City departments and consultants as may be necessary to
aid the Commission in carrying out its duties and responsibilities under this
chapter.
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F. The Commission members shall not receive any salary or other
compensation for services rendered on the Commission, but necessary
expenses actually incurred and within the budget as set by the annual budget
ordinance shall be paid.
G. Vacancies occurring, other than through the expiration of terms, shall be filled
for the unexpired terms. Members may be removed by the Mayor with the
approval of the City Council for inefficiency, neglect of duty, or malfeasance
in office. Other reasons for removal may include:
1. Absence from three consecutive regular meetings or six regular
meetings in a twelve-month period which shall be regarded as
constituting resignation from the Commission. This information will be
forwarded to the Mayor and City Council by Staff. Reinstatement may
be sought through a hearing by the Commission. Excused absences
(sickness, death in the family, business trips or emergencies) will not
affect the member's status, except in cases of an extended illness or
absence the member shall be replaced. When a member is
approaching the maximum number of absences they will be notified by
Staff. Verification of attendance will be based exclusively on the
minutes of each meeting.
2. Participation in a legally demonstrable case involving a conflict of
interest.
H. No member of the Commission shall represent the Commission in its official
actions except as specifically authorized by majority vote.
I. Commission members shall refrain from discussing or expressing opinions
on matters on the Commission's agenda outside of Commission meetings
except as authorized in (H) above, or on direction from the Chair.
J. To avoid any conflicts of interest, no Commission member shall vote on the
determination of any application or determination in which they maintain an
employer/employee relationship or where they or members of their
immediate family have a financial interest.
K. Commission members shall not vote on any issues before the Commission
unless they have been in attendance at previous deliberations on the subject
or shall have the approval of the Chair contingent on the Chair's
determination that the member has familiarized themselves with the subject
and the minutes of any meetings where the subject was discussed.
II. PROCEDURES FOR CONDUCTING REGULAR MEETINGS
A. Pre-meeting
1. If there are agenda items, regular meetings will be held at 3:00 p.m.
on the second and fourth Wednesdays of every month in the City
Council chambers. The time and location of a particular meeting may
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be changed by majority vote of the Commission and shall be subject
to the notice requirements for special meetings. If the date of a regular
meeting of the Commission falls on a weekend or an official holiday,
the meeting may be changed to a time and place as determined by
the Commission at the preceding month's meeting. If such a change
occurs, the regular meeting place will be posted advertising the time
and location of the meeting.
2. If there are no agenda items, the Chair may cancel the regular
meeting after giving all Commission members and the public 24 hours
advance notice. However, if a majority of Commission members
express the desire to hold the meeting, it shall convene as scheduled.
If the meeting is canceled, a notice to that effect will be posted at the
regular meeting place at the regular time.
3. Special meetings may be called by the Chair or by a majority of
Commission members. Commission members will be given at least
48 hours advance notice of the time and place of such meetings.
4. All regular and special meetings will be open to the public and the
date, place and agenda will be publicized in accordance with the
Open Public Meetings Act (Chapter 42.30 RCW). The agenda for
regularly scheduled meetings shall be posted and advertised 48
hours prior to the regularly scheduled meetings.
5. The order of agenda items will be determined by their order of receipt
or as Commission Staff deems appropriate.
6. Staff shall be responsible for notifying principles in each matter as
specified under the rules for review procedures.
B. Regular Order of Business for Meetings
1. Business will be conducted under Robert's Rules of Order except
where this contradicts with the Bylaws or other special rules adopted
by the Commission, which then take precedence. All issues will be
decided by simple majority vote except amendments to the Bylaws,
which require a vote of two-thirds of the membership.
2. Four Six members or 51 percent of the non-vacant membership of
the Commission constitutes a quorum. Meetings without a quorum
will be recessed to the earliest possible date.
3. Minutes will be taken during all Commission proceedings.
Additionally, the meetings may be videotaped to further clarify the
minutes.
4. The regular order of business shall be as follows:
a. Call to order
b. Roll call
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c. Staff Announcements
d. Audience Participation
e. Adoption of minutes
f. New business
g. Old business
h. Other Business
i. Adjournment
5. The regular order of business for consideration of preliminary
subdivisions, YMC Title 14, 15, 16 or 17 text amendments,
comprehensive plan amendments and rezones shall be as follows:
a. The Commission Staff person shall offer a preliminary
statement or Staff Report concerning the application.
b. The applicant or the designated agent of the applicant presents
statements in favor of the application including any relevant
exhibits.
c. Public comments.
d. Rebuttal by all concerned parties.
e. Deliberation by Commission.
f. Motion for action.
g. Vote.
During the course of the meeting, the above procedure may be
temporarily modified by the concurrence of all parties and the
Commission.
6. The Commission shall act on each application at the meeting unless
the Chair or a majority of the Commission decides to defer
consideration to a later date. Requests for continuance may be
granted if all parties agree. The continuance will be publicly
announced by the Chair, and the matter is automatically set on the
agenda for the next regularly scheduled meeting, or to a date certain
as agreed by all parties. In such a case, no further notice is required
for the principles in the case.
C. Post-meeting
1. Staff will be responsible for notifying participants as called for under
rules for specific review procedures.
2. Staff will be responsible for forwarding materials to participants as
called for under rules for specific review procedures.
3. Staff will be responsible for distributing the minutes of the meeting.
CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5290
Chapter 338, Laws of 2023
68th Legislature
2023 Regular Session
PROJECT PERMITS—LOCAL PROJECT REVIEW—VARIOUS PROVISIONS
EFFECTIVE DATE: July 23, 2023—Except for section 7, which takes
effect January 1, 2025.
Passed by the Senate April 17, 2023
Yeas 47 Nays 0
DENNY HECK
President of the Senate
Passed by the House April 10, 2023
Yeas 98 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is SECOND SUBSTITUTE
SENATE BILL 5290 as passed by the
Senate and the House of
Representatives on the dates hereon
set forth.
SARAH BANNISTER
Secretary
Approved May 8, 2023 1:17 PM FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to consolidating local permit review processes; 1
amending RCW 36.70B.140, 36.70B.020, 36.70B.070, 36.70B.080, and 2
36.70B.160; reenacting and amending RCW 36.70B.110; adding new 3
sections to chapter 36.70B RCW; creating new sections; and providing 4
an effective date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 36.70B.140 and 1995 c 347 s 418 are each amended to 7
read as follows:8
(1) A local government by ordinance or resolution may exclude the 9
following project permits from the provisions of RCW 36.70B.060 10
through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark 11
designations, street vacations, or other approvals relating to the 12
use of public areas or facilities, or other project permits, whether 13
administrative or quasi-judicial, that the local government by 14
ordinance or resolution has determined present special circumstances 15
that warrant a review process or time periods for approval which are 16
different from that provided in RCW 36.70B.060 through 36.70B.090 and 17
36.70B.110 through 36.70B.130.18
(2) A local government by ordinance or resolution also may 19
exclude the following project permits from the provisions of RCW 20
36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary 21
SECOND SUBSTITUTE SENATE BILL 5290
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Mullet,
Kuderer, Fortunato, Liias, Nobles, Saldaña, and C. Wilson; by request
of Office of the Governor)
READ FIRST TIME 02/24/23.
p. 1 2SSB 5290.SL
adjustments and building and other construction permits, or similar 1
administrative approvals, categorically exempt from environmental 2
review under chapter 43.21C RCW, or for which environmental review 3
has been completed in connection with other project permits.4
(3) A local government must exclude project permits for interior 5
alterations from site plan review, provided that the interior 6
alterations do not result in the following:7
(a) Additional sleeping quarters or bedrooms;8
(b) Nonconformity with federal emergency management agency 9
substantial improvement thresholds; or10
(c) Increase the total square footage or valuation of the 11
structure thereby requiring upgraded fire access or fire suppression 12
systems.13
(4) Nothing in this section exempts interior alterations from 14
otherwise applicable building, plumbing, mechanical, or electrical 15
codes.16
(5) For purposes of this section, "interior alterations" include 17
construction activities that do not modify the existing site layout 18
or its current use and involve no exterior work adding to the 19
building footprint.20
NEW SECTION. Sec. 2. A new section is added to chapter 36.70B 21
RCW to read as follows:22
(1) Subject to the availability of funds appropriated for this 23
specific purpose, the department of commerce must establish a 24
consolidated permit review grant program. The department may award 25
grants to any local government that provides, by ordinance, 26
resolution, or other action, a commitment to the following building 27
permit review consolidation requirements:28
(a) Issuing final decisions on residential permit applications 29
within 45 business days or 90 calendar days.30
(i) To achieve permit review within the stated time periods, a 31
local government must provide consolidated review for building permit 32
applications. This may include an initial technical peer review of 33
the application for conformity with the requirements of RCW 34
36.70B.070 by all departments, divisions, and sections of the local 35
government with jurisdiction over the project.36
(ii) A local government may contract with a third-party business 37
to conduct the consolidated permit review or as additional inspection 38
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staff. Any funds expended for such a contract may be eligible for 1
reimbursement under this act.2
(iii) Local governments are authorized to use grant funds to 3
contract outside assistance to audit their development regulations to 4
identify and correct barriers to housing development.5
(b) Establishing an application fee structure that would allow 6
the jurisdiction to continue providing consolidated permit review 7
within 45 business days or 90 calendar days.8
(i) A local government may consult with local building 9
associations to develop a reasonable fee system.10
(ii) A local government must determine, no later than July 1, 11
2024, the specific fee structure needed to provide permit review 12
within the time periods specified in this subsection (1)(b).13
(2) A jurisdiction that is awarded a grant under this section 14
must provide a quarterly report to the department of commerce. The 15
report must include the average and maximum time for permit review 16
during the jurisdiction's participation in the grant program.17
(3) If a jurisdiction is unable to successfully meet the terms 18
and conditions of the grant, the jurisdiction must enter a 90-day 19
probationary period. If the jurisdiction is not able to meet the 20
requirements of this section by the end of the probationary period, 21
the jurisdiction is no longer eligible to receive grants under this 22
section.23
(4) For the purposes of this section, "residential permit" means 24
a permit issued by a city or county that satisfies the conditions of 25
RCW 19.27.015(5) and is within the scope of the international 26
residential code, as adopted in accordance with chapter 19.27 RCW.27
NEW SECTION. Sec. 3. A new section is added to chapter 36.70B 28
RCW to read as follows:29
(1) Subject to the availability of funds appropriated for this 30
specific purpose, the department of commerce must establish a grant 31
program for local governments to update their permit review process 32
from paper filing systems to software systems capable of processing 33
digital permit applications, virtual inspections, electronic review, 34
and with capacity for video storage.35
(2) The department of commerce may only provide a grant under 36
this section to a city if the city allows for the development of at 37
least two units per lot on all lots zoned predominantly for 38
residential use within its jurisdiction.39
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NEW SECTION. Sec. 4. A new section is added to chapter 36.70B 1
RCW to read as follows:2
(1) Subject to the availability of amounts appropriated for this 3
specific purpose, the department of commerce must convene a digital 4
permitting process work group to examine potential license and 5
permitting software for local governments to encourage streamlined 6
and efficient permit review.7
(2) The department of commerce, in consultation with the 8
association of Washington cities and Washington state association of 9
counties, shall appoint members to the work group representing groups 10
including but not limited to:11
(a) Cities and counties;12
(b) Building industries; and13
(c) Building officials.14
(3) The department of commerce must convene the first meeting of 15
the work group by August 1, 2023. The department must submit a final 16
report to the governor and the appropriate committees of the 17
legislature by August 1, 2024. The final report must:18
(a) Evaluate the existing need for digital permitting systems, 19
including impacts on existing digital permitting systems that are 20
already in place;21
(b) Review barriers preventing local jurisdictions from accessing 22
or adopting digital permitting systems;23
(c) Evaluate the benefits and costs associated with a statewide 24
permitting software system; and25
(d) Provide budgetary, administrative policy, and legislative 26
recommendations to increase the adoption of or establish a statewide 27
system of digital permit review.28
Sec. 5. RCW 36.70B.020 and 1995 c 347 s 402 are each amended to 29
read as follows:30
Unless the context clearly requires otherwise, the definitions in 31
this section apply throughout this chapter.32
(1) "Closed record appeal" means an administrative appeal on the 33
record to a local government body or officer, including the 34
legislative body, following an open record hearing on a project 35
permit application when the appeal is on the record with no or 36
limited new evidence or information allowed to be submitted and only 37
appeal argument allowed.38
(2) "Local government" means a county, city, or town.39
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(3) "Open record hearing" means a hearing, conducted by a single 1
hearing body or officer authorized by the local government to conduct 2
such hearings, that creates the local government's record through 3
testimony and submission of evidence and information, under 4
procedures prescribed by the local government by ordinance or 5
resolution. An open record hearing may be held prior to a local 6
government's decision on a project permit to be known as an "open 7
record predecision hearing." An open record hearing may be held on an 8
appeal, to be known as an "open record appeal hearing," if no open 9
record predecision hearing has been held on the project permit.10
(4) "Project permit" or "project permit application" means any 11
land use or environmental permit or license required from a local 12
government for a project action, including but not limited to 13
((building permits,)) subdivisions, binding site plans, planned unit 14
developments, conditional uses, shoreline substantial development 15
permits, site plan review, permits or approvals required by critical 16
area ordinances, site-specific rezones ((authorized by a 17
comprehensive plan or subarea plan)) which do not require a 18
comprehensive plan amendment, but excluding the adoption or amendment 19
of a comprehensive plan, subarea plan, or development regulations 20
except as otherwise specifically included in this subsection.21
(5) "Public meeting" means an informal meeting, hearing, 22
workshop, or other public gathering of people to obtain comments from 23
the public or other agencies on a proposed project permit prior to 24
the local government's decision. A public meeting may include, but is 25
not limited to, a design review or architectural control board 26
meeting, a special review district or community council meeting, or a 27
scoping meeting on a draft environmental impact statement. A public 28
meeting does not include an open record hearing. The proceedings at a 29
public meeting may be recorded and a report or recommendation may be 30
included in the local government's project permit application file.31
Sec. 6. RCW 36.70B.070 and 1995 c 347 s 408 are each amended to 32
read as follows:33
(1)(a) Within ((twenty-eight)) 28 days after receiving a project 34
permit application, a local government planning pursuant to RCW 35
36.70A.040 shall ((mail or)) provide ((in person)) a written 36
determination to the applicant((, stating)).37
(b) The written determination must state either:38
(((a))) (i) That the application is complete; or39
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(((b))) (ii) That the application is incomplete and that the 1
procedural submission requirements of the local government have not 2
been met. The determination shall outline what is necessary to make 3
the application procedurally complete.4
(c) The number of days shall be calculated by counting every 5
calendar day.6
(d) To the extent known by the local government, the local 7
government shall identify other agencies of local, state, or federal 8
governments that may have jurisdiction over some aspect of the 9
application.10
(2) A project permit application is complete for purposes of this 11
section when it meets the procedural submission requirements of the 12
local government ((and is sufficient for continued processing even 13
though additional information may be required or project 14
modifications may be undertaken subsequently)), as outlined on the 15
project permit application. Additional information or studies may be 16
required or project modifications may be undertaken subsequent to the 17
procedural review of the application by the local government. The 18
determination of completeness shall not preclude the local government 19
from requesting additional information or studies either at the time 20
of the notice of completeness or subsequently if new information is 21
required or substantial changes in the proposed action occur. 22
However, if the procedural submission requirements, as outlined on 23
the project permit application have been provided, the need for 24
additional information or studies may not preclude a completeness 25
determination.26
(3) The determination of completeness may include or be combined 27
with the following ((as optional information)):28
(a) A preliminary determination of those development regulations 29
that will be used for project mitigation;30
(b) A preliminary determination of consistency, as provided under 31
RCW 36.70B.040; ((or))32
(c) Other information the local government chooses to include; or33
(d) The notice of application pursuant to the requirements in RCW 34
36.70B.110.35
(4)(a) An application shall be deemed procedurally complete on 36
the 29th day after receiving a project permit application under this 37
section if the local government does not provide a written 38
determination to the applicant that the application is procedurally 39
incomplete as provided in subsection (1)(b)(ii) of this section. When 40
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the local government does not provide a written determination, they 1
may still seek additional information or studies as provided for in 2
subsection (2) of this section.3
(b) Within ((fourteen)) 14 days after an applicant has submitted 4
to a local government additional information identified by the local 5
government as being necessary for a complete application, the local 6
government shall notify the applicant whether the application is 7
complete or what additional information is necessary.8
(c) The notice of application shall be provided within 14 days 9
after the determination of completeness pursuant to RCW 36.70B.110.10
Sec. 7. RCW 36.70B.080 and 2004 c 191 s 2 are each amended to 11
read as follows:12
(1)(a) Development regulations adopted pursuant to RCW 36.70A.040 13
must establish and implement time periods for local government 14
actions for each type of project permit application and provide 15
timely and predictable procedures to determine whether a completed 16
project permit application meets the requirements of those 17
development regulations. The time periods for local government 18
actions for each type of complete project permit application or 19
project type should not exceed ((one hundred twenty days, unless the 20
local government makes written findings that a specified amount of 21
additional time is needed to process specific complete project permit 22
applications or project types)) those specified in this section.23
((The)) (b) For project permits submitted after January 1, 2025, 24
the development regulations must, for each type of permit 25
application, specify the contents of a completed project permit 26
application necessary for the complete compliance with the time 27
periods and procedures.28
(((2))) (c) A jurisdiction may exclude certain permit types and 29
timelines for processing project permit applications as provided for 30
in RCW 36.70B.140.31
(d) The time periods for local government action to issue a final 32
decision for each type of complete project permit application or 33
project type subject to this chapter should not exceed the following 34
time periods unless modified by the local government pursuant to this 35
section or RCW 36.70B.140:36
(i) For project permits which do not require public notice under 37
RCW 36.70B.110, a local government must issue a final decision within 38
65 days of the determination of completeness under RCW 36.70B.070;39
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(ii) For project permits which require public notice under RCW 1
36.70B.110, a local government must issue a final decision within 100 2
days of the determination of completeness under RCW 36.70B.070; and3
(iii) For project permits which require public notice under RCW 4
36.70B.110 and a public hearing, a local government must issue a 5
final decision within 170 days of the determination of completeness 6
under RCW 36.70B.070.7
(e) A jurisdiction may modify the provisions in (d) of this 8
subsection to add permit types not identified, change the permit 9
names or types in each category, address how consolidated review time 10
periods may be different than permits submitted individually, and 11
provide for how projects of a certain size or type may be 12
differentiated, including by differentiating between residential and 13
nonresidential permits. Unless otherwise provided for the 14
consolidated review of more than one permit, the time period for a 15
final decision shall be the longest of the permit time periods 16
identified in (d) of this subsection or as amended by a local 17
government.18
(f) If a local government does not adopt an ordinance or 19
resolution modifying the provisions in (d) of this subsection, the 20
time periods in (d) of this subsection apply.21
(g) The number of days an application is in review with the 22
county or city shall be calculated from the day completeness is 23
determined under RCW 36.70B.070 to the date a final decision is 24
issued on the project permit application. The number of days shall be 25
calculated by counting every calendar day and excluding the following 26
time periods:27
(i) Any period between the day that the county or city has 28
notified the applicant, in writing, that additional information is 29
required to further process the application and the day when 30
responsive information is resubmitted by the applicant;31
(ii) Any period after an applicant informs the local government, 32
in writing, that they would like to temporarily suspend review of the 33
project permit application until the time that the applicant notifies 34
the local government, in writing, that they would like to resume the 35
application. A local government may set conditions for the temporary 36
suspension of a permit application; and37
(iii) Any period after an administrative appeal is filed until 38
the administrative appeal is resolved and any additional time period 39
provided by the administrative appeal has expired.40
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(h) The time periods for a local government to process a permit 1
shall start over if an applicant proposes a change in use that adds 2
or removes commercial or residential elements from the original 3
application that would make the application fail to meet the 4
determination of procedural completeness for the new use, as required 5
by the local government under RCW 36.70B.070.6
(i) If, at any time, an applicant informs the local government, 7
in writing, that the applicant would like to temporarily suspend the 8
review of the project for more than 60 days, or if an applicant is 9
not responsive for more than 60 consecutive days after the county or 10
city has notified the applicant, in writing, that additional 11
information is required to further process the application, an 12
additional 30 days may be added to the time periods for local 13
government action to issue a final decision for each type of project 14
permit that is subject to this chapter. Any written notice from the 15
local government to the applicant that additional information is 16
required to further process the application must include a notice 17
that nonresponsiveness for 60 consecutive days may result in 30 days 18
being added to the time for review. For the purposes of this 19
subsection, "nonresponsiveness" means that an applicant is not making 20
demonstrable progress on providing additional requested information 21
to the local government, or that there is no ongoing communication 22
from the applicant to the local government on the applicant's ability 23
or willingness to provide the additional information.24
(j) Annual amendments to the comprehensive plan are not subject 25
to the requirements of this section.26
(k) A county's or city's adoption of a resolution or ordinance to 27
implement this subsection shall not be subject to appeal under 28
chapter 36.70A RCW unless the resolution or ordinance modifies the 29
time periods provided in (d) of this subsection by providing for a 30
review period of more than 170 days for any project permit.31
(l)(i) When permit time periods provided for in (d) of this 32
subsection, as may be amended by a local government, and as may be 33
extended as provided for in (i) of this subsection, are not met, a 34
portion of the permit fee must be refunded to the applicant as 35
provided in this subsection. A local government may provide for the 36
collection of only 80 percent of a permit fee initially, and for the 37
collection of the remaining balance if the permitting time periods 38
are met. The portion of the fee refunded for missing time periods 39
shall be:40
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(A) 10 percent if the final decision of the project permit 1
application was made after the applicable deadline but the period 2
from the passage of the deadline to the time of issuance of the final 3
decision did not exceed 20 percent of the original time period; or4
(B) 20 percent if the period from the passage of the deadline to 5
the time of the issuance of the final decision exceeded 20 percent of 6
the original time period.7
(ii) Except as provided in RCW 36.70B.160, the provisions in 8
subsection (l)(i) of this section are not applicable to cities and 9
counties which have implemented at least three of the options in RCW 10
36.70B.160(1) (a) through (j) at the time an application is deemed 11
procedurally complete.12
(2)(a) Counties subject to the requirements of RCW 36.70A.215 and 13
the cities within those counties that have populations of at least 14
((twenty thousand)) 20,000 must, for each type of permit application, 15
identify the total number of project permit applications for which 16
decisions are issued according to the provisions of this chapter. For 17
each type of project permit application identified, these counties 18
and cities must establish and implement a deadline for issuing a 19
notice of final decision as required by subsection (1) of this 20
section and minimum requirements for applications to be deemed 21
complete under RCW 36.70B.070 as required by subsection (1) of this 22
section.23
(b) Counties and cities subject to the requirements of this 24
subsection also must prepare an annual performance report((s)) that 25
((include, at a minimum, the following information for each type of 26
project permit application identified in accordance with the 27
requirements of (a) of this subsection:28
(i) Total number of complete applications received during the 29
year;30
(ii) Number of complete applications received during the year for 31
which a notice of final decision was issued before the deadline 32
established under this subsection;33
(iii) Number of applications received during the year for which a 34
notice of final decision was issued after the deadline established 35
under this subsection;36
(iv) Number of applications received during the year for which an 37
extension of time was mutually agreed upon by the applicant and the 38
county or city;39
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(v) Variance of actual performance, excluding applications for 1
which mutually agreed time extensions have occurred, to the deadline 2
established under this subsection during the year; and3
(vi) The mean processing time and the number standard deviation 4
from the mean.5
(c) Counties and cities subject to the requirements of this 6
subsection must:7
(i) Provide notice of and access to the annual performance 8
reports through the county's or city's website; and9
(ii) Post electronic facsimiles of the annual performance reports 10
through the county's or city's website. Postings on a county's or 11
city's website indicating that the reports are available by 12
contacting the appropriate county or city department or official do 13
not comply with the requirements of this subsection.14
If a county or city subject to the requirements of this 15
subsection does not maintain a website, notice of the reports must be 16
given by reasonable methods, including but not limited to those 17
methods specified in RCW 36.70B.110(4).18
(3))) includes information outlining time periods for certain 19
permit types associated with housing. The report must provide:20
(i) Permit time periods for certain permit processes in the 21
county or city in relation to those established under this section, 22
including whether the county or city has established shorter time 23
periods than those provided in this section;24
(ii) The total number of decisions issued during the year for the 25
following permit types: Preliminary subdivisions, final subdivisions, 26
binding site plans, permit processes associated with the approval of 27
multifamily housing, and construction plan review for each of these 28
permit types when submitted separately;29
(iii) The total number of decisions for each permit type which 30
included consolidated project permit review, such as concurrent 31
review of a rezone or construction plans;32
(iv) The average number of days from a submittal to a decision 33
being issued for the project permit types listed in subsection 34
(2)(a)(ii) of this section. This shall be calculated from the day 35
completeness is determined under RCW 36.70B.070 to the date a 36
decision is issued on the application. The number of days shall be 37
calculated by counting every calendar day;38
(v) The total number of days each project permit application of a 39
type listed in subsection (2)(a)(ii) of this section was in review 40
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with the county or city. This shall be calculated from the day 1
completeness is determined under RCW 36.70B.070 to the date a final 2
decision is issued on the application. The number of days shall be 3
calculated by counting every calendar day. The days the application 4
is in review with the county or city does not include the time 5
periods in subsection (1)(g)(i)-(iii) of this section;6
(vi) The total number of days that were excluded from the time 7
period calculation under subsection (1)(g)(i)-(iii) of this section 8
for each project permit application of a type listed in subsection 9
(2)(a)(ii) of this section.10
(c) Counties and cities subject to the requirements of this 11
subsection must:12
(i) Post the annual performance report through the county's or 13
city's website; and14
(ii) Submit the annual performance report to the department of 15
commerce by March 1st each year.16
(d) No later than July 1st each year, the department of commerce 17
shall publish a report which includes the annual performance report 18
data for each county and city subject to the requirements of this 19
subsection and a list of those counties and cities whose time periods 20
are shorter than those provided for in this section.21
The annual report must also include key metrics and findings from 22
the information collected.23
(e) The initial annual report required under this subsection must 24
be submitted to the department of commerce by March 1, 2025, and must 25
include information from permitting in 2024.26
(3) Nothing in this section prohibits a county or city from 27
extending a deadline for issuing a decision for a specific project 28
permit application for any reasonable period of time mutually agreed 29
upon by the applicant and the local government.30
(((4) The department of community, trade, and economic 31
development shall work with the counties and cities to review the 32
potential implementation costs of the requirements of subsection (2) 33
of this section. The department, in cooperation with the local 34
governments, shall prepare a report summarizing the projected costs, 35
together with recommendations for state funding assistance for 36
implementation costs, and provide the report to the governor and 37
appropriate committees of the senate and house of representatives by 38
January 1, 2005.))39
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Sec. 8. RCW 36.70B.160 and 1995 c 347 s 420 are each amended to 1
read as follows:2
(1) Each local government is encouraged to adopt further project 3
review and code provisions to provide prompt, coordinated review and 4
ensure accountability to applicants and the public((, including 5
expedited review for project permit applications for projects that 6
are consistent with adopted development regulations and within the 7
capacity of systemwide infrastructure improvements)) by:8
(a) Expediting review for project permit applications for 9
projects that are consistent with adopted development regulations;10
(b) Imposing reasonable fees, consistent with RCW 82.02.020, on 11
applicants for permits or other governmental approvals to cover the 12
cost to the city, town, county, or other municipal corporation of 13
processing applications, inspecting and reviewing plans, or preparing 14
detailed statements required by chapter 43.21C RCW. The fees imposed 15
may not include a fee for the cost of processing administrative 16
appeals. Nothing in this subsection limits the ability of a county or 17
city to impose a fee for the processing of administrative appeals as 18
otherwise authorized by law;19
(c) Entering into an interlocal agreement with another 20
jurisdiction to share permitting staff and resources;21
(d) Maintaining and budgeting for on-call permitting assistance 22
for when permit volumes or staffing levels change rapidly;23
(e) Having new positions budgeted that are contingent on 24
increased permit revenue;25
(f) Adopting development regulations which only require public 26
hearings for permit applications that are required to have a public 27
hearing by statute;28
(g) Adopting development regulations which make preapplication 29
meetings optional rather than a requirement of permit application 30
submittal;31
(h) Adopting development regulations which make housing types an 32
outright permitted use in all zones where the housing type is 33
permitted;34
(i) Adopting a program to allow for outside professionals with 35
appropriate professional licenses to certify components of 36
applications consistent with their license; or37
(j) Meeting with the applicant to attempt to resolve outstanding 38
issues during the review process. The meeting must be scheduled 39
within 14 days of a second request for corrections during permit 40
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review. If the meeting cannot resolve the issues and a local 1
government proceeds with a third request for additional information 2
or corrections, the local government must approve or deny the 3
application upon receiving the additional information or corrections.4
(2)(a) After January 1, 2026, a county or city must adopt 5
additional measures under subsection (1) of this section at the time 6
of its next comprehensive plan update under RCW 36.70A.130 if it 7
meets the following conditions:8
(i) The county or city has adopted at least three project review 9
and code provisions under subsection (1) of this section more than 10
five years prior; and11
(ii) The county or city is not meeting the permitting deadlines 12
established in RCW 36.70B.080 at least half of the time over the 13
period since its most recent comprehensive plan update under RCW 14
36.70A.130.15
(b) A city or county that is required to adopt new measures under 16
(a) of this subsection but fails to do so becomes subject to the 17
provisions of RCW 36.70B.080(1)(l), notwithstanding RCW 18
36.70B.080(1)(l)(ii).19
(((2))) (3) Nothing in this chapter is intended or shall be 20
construed to prevent a local government from requiring a 21
preapplication conference or a public meeting by rule, ordinance, or 22
resolution.23
(((3))) (4) Each local government shall adopt procedures to 24
monitor and enforce permit decisions and conditions.25
(((4))) (5) Nothing in this chapter modifies any independent 26
statutory authority for a government agency to appeal a project 27
permit issued by a local government.28
NEW SECTION. Sec. 9. A new section is added to chapter 36.70B 29
RCW to read as follows:30
(1) The department of commerce shall develop and provide 31
technical assistance and guidance to counties and cities in setting 32
fee structures under RCW 36.70B.160(1) to ensure that the fees are 33
reasonable and sufficient to recover true costs. The guidance must 34
include information on how to utilize growth factors or other 35
measures to reflect cost increases over time.36
(2) When providing technical assistance under subsection (1) of 37
this section, the department of commerce must prioritize local 38
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governments that have implemented at least three of the options in 1
RCW 36.70B.160(1).2
Sec. 10. RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1 3
are each reenacted and amended to read as follows:4
(1) Not later than April 1, 1996, a local government planning 5
under RCW 36.70A.040 shall provide a notice of application to the 6
public and the departments and agencies with jurisdiction as provided 7
in this section. If a local government has made a threshold 8
determination under chapter 43.21C RCW concurrently with the notice 9
of application, the notice of application may be combined with the 10
threshold determination and the scoping notice for a determination of 11
significance. Nothing in this section prevents a determination of 12
significance and scoping notice from being issued prior to the notice 13
of application. Nothing in this section or this chapter prevents a 14
lead agency, when it is a project proponent or is funding a project, 15
from conducting its review under chapter 43.21C RCW or from allowing 16
appeals of procedural determinations prior to submitting a project 17
permit ((application)).18
(2) The notice of application shall be provided within 19
((fourteen)) 14 days after the determination of completeness as 20
provided in RCW 36.70B.070 and, except as limited by the provisions 21
of subsection (4)(b) of this section, ((shall)) must include the 22
following in whatever sequence or format the local government deems 23
appropriate:24
(a) The date of application, the date of the notice of completion 25
for the application, and the date of the notice of application;26
(b) A description of the proposed project action and a list of 27
the project permits included in the application and, if applicable, a 28
list of any studies requested under RCW 36.70B.070 ((or 36.70B.090));29
(c) The identification of other permits not included in the 30
application to the extent known by the local government;31
(d) The identification of existing environmental documents that 32
evaluate the proposed project, and, if not otherwise stated on the 33
document providing the notice of application, such as a city land use 34
bulletin, the location where the application and any studies can be 35
reviewed;36
(e) A statement of the public comment period, which shall be not 37
less than fourteen nor more than thirty days following the date of 38
notice of application, and statements of the right of any person to 39
p. 15 2SSB 5290.SL
comment on the application, receive notice of and participate in any 1
hearings, request a copy of the decision once made, and any appeal 2
rights. A local government may accept public comments at any time 3
prior to the closing of the record of an open record predecision 4
hearing, if any, or, if no open record predecision hearing is 5
provided, prior to the decision on the project permit;6
(f) The date, time, place, and type of hearing, if applicable and 7
scheduled at the date of notice of the application;8
(g) A statement of the preliminary determination, if one has been 9
made at the time of notice, of those development regulations that 10
will be used for project mitigation and of consistency as provided in 11
RCW 36.70B.030(2) and 36.70B.040; and12
(h) Any other information determined appropriate by the local 13
government.14
(3) If an open record predecision hearing is required for the 15
requested project permits, the notice of application shall be 16
provided at least fifteen days prior to the open record hearing.17
(4) A local government shall use reasonable methods to give the 18
notice of application to the public and agencies with jurisdiction 19
and may use its existing notice procedures. A local government may 20
use different types of notice for different categories of project 21
permits or types of project actions. If a local government by 22
resolution or ordinance does not specify its method of public notice, 23
the local government shall use the methods provided for in (a) and 24
(b) of this subsection. Examples of reasonable methods to inform the 25
public are:26
(a) Posting the property for site-specific proposals;27
(b) Publishing notice, including at least the project location, 28
description, type of permit(s) required, comment period dates, and 29
location where the notice of application required by subsection (2) 30
of this section and the complete application may be reviewed, in the 31
newspaper of general circulation in the general area where the 32
proposal is located or in a local land use newsletter published by 33
the local government;34
(c) Notifying public or private groups with known interest in a 35
certain proposal or in the type of proposal being considered;36
(d) Notifying the news media;37
(e) Placing notices in appropriate regional or neighborhood 38
newspapers or trade journals;39
p. 16 2SSB 5290.SL
(f) Publishing notice in agency newsletters or sending notice to 1
agency mailing lists, either general lists or lists for specific 2
proposals or subject areas; and3
(g) Mailing to neighboring property owners.4
(5) A notice of application shall not be required for project 5
permits that are categorically exempt under chapter 43.21C RCW, 6
unless an open record predecision hearing is required or an open 7
record appeal hearing is allowed on the project permit decision.8
(6) A local government shall integrate the permit procedures in 9
this section with ((its)) environmental review under chapter 43.21C 10
RCW as follows:11
(a) Except for a threshold determination and except as otherwise 12
expressly allowed in this section, the local government may not issue 13
a decision or a recommendation on a project permit until the 14
expiration of the public comment period on the notice of application.15
(b) If an open record predecision hearing is required, the local 16
government shall issue its threshold determination at least fifteen 17
days prior to the open record predecision hearing.18
(c) Comments shall be as specific as possible.19
(d) A local government is not required to provide for 20
administrative appeals of its threshold determination. If provided, 21
an administrative appeal ((shall)) must be filed within fourteen days 22
after notice that the determination has been made and is appealable. 23
Except as otherwise expressly provided in this section, the appeal 24
hearing on a threshold determination ((of nonsignificance shall)) 25
must be consolidated with any open record hearing on the project 26
permit.27
(7) At the request of the applicant, a local government may 28
combine any hearing on a project permit with any hearing that may be 29
held by another local, state, regional, federal, or other agency, if:30
(a) The hearing is held within the geographic boundary of the 31
local government; and32
(b) ((The joint hearing can be held within the time periods 33
specified in RCW 36.70B.090 or the)) The applicant agrees to the 34
schedule in the event that additional time is needed in order to 35
combine the hearings. All agencies of the state of Washington, 36
including municipal corporations and counties participating in a 37
combined hearing, are hereby authorized to issue joint hearing 38
notices and develop a joint format, select a mutually acceptable 39
hearing body or officer, and take such other actions as may be 40
p. 17 2SSB 5290.SL
necessary to hold joint hearings consistent with each of their 1
respective statutory obligations.2
(8) All state and local agencies shall cooperate to the fullest 3
extent possible with the local government in holding a joint hearing 4
if requested to do so, as long as:5
(a) The agency is not expressly prohibited by statute from doing 6
so;7
(b) Sufficient notice of the hearing is given to meet each of the 8
agencies' adopted notice requirements as set forth in statute, 9
ordinance, or rule; and10
(c) The agency has received the necessary information about the 11
proposed project from the applicant to hold its hearing at the same 12
time as the local government hearing.13
(9) A local government is not required to provide for 14
administrative appeals. If provided, an administrative appeal of the 15
project decision and of any environmental determination issued at the 16
same time as the project decision, shall be filed within fourteen 17
days after the notice of the decision or after other notice that the 18
decision has been made and is appealable. The local government shall 19
extend the appeal period for an additional seven days, if state or 20
local rules adopted pursuant to chapter 43.21C RCW allow public 21
comment on a determination of nonsignificance issued as part of the 22
appealable project permit decision.23
(10) The applicant for a project permit is deemed to be a 24
participant in any comment period, open record hearing, or closed 25
record appeal.26
(11) Each local government planning under RCW 36.70A.040 shall 27
adopt procedures for administrative interpretation of its development 28
regulations.29
NEW SECTION. Sec. 11. The department of commerce shall develop 30
a template for counties and cities subject to the requirements in RCW 31
36.70B.080, which will be utilized for reporting data.32
NEW SECTION. Sec. 12. The department of commerce shall develop 33
a plan to provide local governments with appropriately trained staff 34
to provide temporary support or hard to find expertise for timely 35
processing of residential housing permit applications. The plan shall 36
include consideration of how local governments can be provided with 37
staff that have experience with providing substitute staff support or 38
p. 18 2SSB 5290.SL
that possess expertise in permitting policies and regulations in the 1
local government's geographic area or with jurisdictions of the local 2
government's size or population. The plan and a proposal for 3
implementation shall be presented to the legislature by December 1, 4
2023.5
NEW SECTION. Sec. 13. Section 7 of this act takes effect 6
January 1, 2025.7
Passed by the Senate April 17, 2023.
Passed by the House April 10, 2023.
Approved by the Governor May 8, 2023.
Filed in Office of Secretary of State May 10, 2023.
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