Planning Commission

AGENDA Planning Commission Meeting 7:00 PM - Thursday, November 21, 2024 200 East Scott Avenue - Woodland, Washington The public may join in person or via the Zoom link noted at the bottom of the agenda. Page CALL TO ORDER ROLL CALL I. CITIZEN COMMUNICATIONS FOR ITEMS NOT ON THE AGENDA II. AGENDA APPROVAL III. PUBLIC HEARING A. Sign Regulation Update (WMC 17.52) 2-4 Item-24-0120 Supporting Packet - Pdf B. Ordinance No. 1567 - Local Project Review Legislation (SB 5290) 5 - 54 Item-24-0140 Supporting Packet - Pdf IV. STAFF REPORTS V. END MEETING Join Zoom Meeting https://zoom.us/j/96706995401?pwd=nDkLQC3ahnR9iUWEHhjeg30eo9aS6L.1 Meeting ID: 967 0699 5401 Passcode: 456249 Dial by your location • +1 253 215 8782 US (Tacoma) • +1 253 205 0468 US • +1 719 359 4580 US • +1 346 248 7799 US (Houston) • +1 669 444 9171 US Find your local number: https://zoom.us/u/adY3wMQrxK American with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk Treasurer’s Office at 360-225-8281 by noon on the Thursday preceding the council meeting Page 1 of 54 Agenda Item Report Meeting Date: Planning Commission - 21 Nov 2024 Department: Building/Planning Heading: PUBLIC HEARING Staff Contact: Travis Goddard, Community Development Director Subject: Sign Regulation Update (WMC 17.52) Summary Statement: The City of Woodland is updating WMC 17.52 (Sign Requirements) to reflect court rulings regarding freedom of speech on signs. In 2015, in Reed Vs. Gilbert AZ, the US Supreme Court which changed how local jurisdictions regulated signs. (See the attached case brief below.) Since then, several additional clarifications have been issued by courts and many local jurisdictions have updated their regulations to keep up with those rulings. For more information about this topic, please visit: MRSC - Sign Regulation Staff was asked to review WMC 17.52 for consistency and attached is a draft of how the code could be changed. At this workshop, staff will:  Discuss highlights of key court decisions  Put this into context for how our code is affected  Discuss non-content related changes proposed (using tables instead of paragraphs)  Begin to identify draft code changes that will be discussed at future hearings Depending on progress, the intent is for the main discussion of code content to occur at the next Planning Commission meeting currently scheduled for Thursday, December 19, 2024. Financial Impact: Cost of Item: $0 Amount Budgeted: $0 Bars Code description: Unexpended Balance: $0 Attachments: WMC - Temporary Signs Page 2 of 54 Temporary Signs Page 1 of 2 Temporary Signs The following regulations shall apply to all temporary signs: A. Types of Temporary Signs. 1. Portable signs. 2. Construction site signs. B. General Regulations for All Temporary Signs. 1. Only temporary signs as described in this section are allowed and, except as required by the International Building Code, or as otherwise required in this chapter, do not require building permits or sign permits. 2. Temporary signs shall not be: a. Illuminated; b. Inflated; c. Animated or moving or have moving parts. 3. Balloons, festoon flags, pennants, lights or any other display shall only be attached to any temporary signs as seasonal decorations, grand openings, or special dates. Such signs may be used for a maximum of thirty consecutive days with no more than three events per year. 4. No landscaping, other than holes in sod for signposts, may be damaged or modified to accommodate a temporary sign. 5. Temporary signs shall not be placed on any streetlight, crosswalk, curb, curbstone, lamppost, street sign, utility pole, hydrant, tree or shrub. 6. The signs allowed in this section are in addition to any other signs allowed in this chapter. 7. Signs that do not comply with the provisions of this section are subject to removal and disposal. 8. Individual business establishments may utilize special but temporary beacons or search lights for special sales, and/or grand openings and may be used for a maximum of three consecutive days provided it does not adversely affect the safe vision of drivers, pedestrians or aviation traffic. 9. Window signs are not regulated as temporary signs. Woodland Municipal Code, 11/2024 Page 3 of 54 Temporary Signs Page 2 of 2 C. Portable Signs. 1. Portable signs shall not exceed six square feet in area or exceed dimensions of 24 inches in width and 36 inches in height. 2. The top of portable signs shall not be more than 48 inches above the ground as measured from the existing ground level to the top of the sign. 3. A sign permit shall not be required for portable signs. 4. Portable signs may be located on public right-of-way; however, they shall be located so as not to create a safety hazard to pedestrians or motorists. D. Construction Site Signs. 1. Construction site signs shall not exceed 32 square feet in area. 2. Construction site signs shall only be allowed on sites where an active development permit has been issued. 3. A maximum of two construction site signs may be allowed on a single construction site. 4. Construction site signs shall be removed from a site no later than the date of issuance of the first occupancy permit for the site or upon completion of the project, whichever occurs first. Woodland Municipal Code, 11/2024 Page 4 of 54 Agenda Item Report Meeting Date: Planning Commission - 21 Nov 2024 Department: Building/Planning Heading: PUBLIC HEARING Staff Contact: Travis Goddard, Community Development Director Subject: Ord 1567 - Local Project Review Legislation (SB 5290) Summary Statement: SB 5290 amends the Local Project Review Act (Chapter 30.70B RCW) with the intent to increase the timeliness and predictability of local project review processes. The Local Project Review Act includes clarification of processes, adds new process exemptions, and sets limits on how long jurisdictions can take to process land use permits. It also includes penalties for jurisdictions that do not meet deadlines by allowing applicants to request refunds for up to 20% of their application fees. More information and the bill itself can be found at: https://mrsc.org/stay-informed/mrsc- insight/september-2023/2023-updates-to-local-project-review Local ordinances are required to be in effect by January of 2025. This item will be taken before the Woodland Planning Commission on November 21, 2024, and a recommendation and first reading will be brought before the city council on December 2, 2024, with a final reading on December 16, 2024. Financial Impact: Cost of Item: $0 Amount Budgeted: $0 Bars Code description: Unexpended Balance: $0 Attachments: SB 5290 Local Project Review NOA ODNS & Checklist Legal Notice Page 5 of 54 Chapter 36.70B RCW LOCAL PROJECT REVIEW Sec ons RCW 36.70B.010 Findings and declara on. The legislature finds and declares the following: (1) As the number of environmental laws and development regula ons has increased for land uses and development, so has the number of required local land use permits, each with its own separate approval process. (2) The increasing number of local and state land use permits and separate environmental review processes required by agencies has generated con nuing poten al for conflict, overlap, and duplica on between the various permit and review processes. (3) This regulatory burden has significantly added to the cost and me needed to obtain local and state land use permits and has made it difficult for the public to know how and when to provide mely comments on land use proposals that require mul ple permits and have separate environmental review processes. [ 1995 c 347 s 401.] RCW 36.70B.020 Defini ons. Unless the context clearly requires otherwise, the defini ons in this sec on apply throughout this chapter. (1) "Closed record appeal" means an administra ve appeal on the record to a local government body or officer, including the legisla ve body, following an open record hearing on a project permit applica on when the appeal is on the record with no or limited new evidence or informa on allowed to be submi ed and only appeal argument allowed. (2) "Local government" means a county, city, or town. (3) "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through tes mony and submission of evidence and informa on, under procedures prescribed by the local government by ordinance or resolu on. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit. Page 6 of 54 (4) "Project permit" or "project permit applica on" means any land use or environmental permit or license required from a local government for a project ac on, including but not limited to subdivisions, binding site plans, planned unit developments, condi onal uses, shoreline substan al development permits, site plan review, permits or approvals required by cri cal area ordinances, site-specific rezones which do not require a comprehensive plan amendment, but excluding the adop on or amendment of a comprehensive plan, subarea plan, or development regula ons except as otherwise specifically included in this subsec on. (5) "Public mee ng" means an informal mee ng, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government's decision. A public mee ng may include, but is not limited to, a design review or architectural control board mee ng, a special review district or community council mee ng, or a scoping mee ng on a dra environmental impact statement. A public mee ng does not include an open record hearing. The proceedings at a public mee ng may be recorded and a report or recommenda on may be included in the local government's project permit applica on file. [ 2023 c 338 s 5; 1995 c 347 s 402.] RCW 36.70B.030 Project review—Required elements—Limita ons. (1) Fundamental land use planning choices made in adopted comprehensive plans and development regula ons shall serve as the founda on for project review. The review of a proposed project's consistency with applicable development regula ons, or in the absence of applicable regula ons the adopted comprehensive plan, under RCW 36.70B.040 shall incorporate the determina ons under this sec on. (2) During project review, a local government or any subsequent reviewing body shall determine whether the items listed in this subsec on are defined in the development regula ons applicable to the proposed project or, in the absence of applicable regula ons the adopted comprehensive plan. At a minimum, such applicable regula ons or plans shall be determina ve of the: (a) Type of land use permi ed at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and condi onal and special uses, if the criteria for their approval have been sa sfied; (b) Density of residen al development in urban growth areas; and (c) Availability and adequacy of public facili es iden fied in the comprehensive plan, if the plan or development regula ons provide for funding of these facili es as required by chapter 36.70A RCW. (3) During project review, the local government or any subsequent reviewing body shall not reexamine alterna ves to or hear appeals on the items iden fied in subsec on (2) of this sec on, except for issues of code interpreta on. As part of its project review process, a local government shall provide a procedure for obtaining a code interpreta on as provided in RCW 36.70B.110. Page 7 of 54 (4) Pursuant to RCW 43.21C.240, a local government may determine that the requirements for environmental analysis and mi ga on measures in development regula ons and other applicable laws provide adequate mi ga on for some or all of the project's specific adverse environmental impacts to which the requirements apply. (5) Nothing in this sec on limits the authority of a permi ng agency to approve, condi on, or deny a project as provided in its development regula ons adopted under chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060. Project review shall be used to iden fy specific project design and condi ons rela ng to the character of development, such as the details of site plans, curb cuts, drainage swales, transporta on demand management, the payment of impact fees, or other measures to mi gate a proposal's probable adverse environmental impacts, if applicable. (6) Subsec ons (1) through (4) of this sec on apply only to local governments planning under RCW 36.70A.040. [ 1995 c 347 s 404.] NOTES: Intent—Findings—1995 c 347 ss 404 and 405: "In enac ng RCW 36.70B.030 and 36.70B.040, the legislature intends to establish a mechanism for implemen ng the provisions of chapter 36.70A RCW regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regula ons. In order to achieve this purpose the legislature finds that: (1) Given the extensive investment that public agencies and a broad spectrum of the public are making and will con nue to make in comprehensive plans and development regula ons for their communi es, it is essen al that project review start from the fundamental land use planning choices made in these plans and regula ons. If the applicable regula ons or plans iden fy the type of land use, specify residen al density in urban growth areas, and iden fy and provide for funding of public facili es needed to serve the proposed development and site, these decisions at a minimum provide the founda on for further project review unless there is a ques on of code interpreta on. The project review process, including the environmental review process under chapter 43.21C RCW and the considera on of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision. (2) Comprehensive plans and development regula ons adopted by local governments under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These provisions typically require environmental studies and contain specific standards to address various impacts associated with a proposed development, such as building size and loca on, drainage, transporta on requirements, and protec on of cri cal areas. When a permi ng agency applies these exis ng requirements to a proposed project, some or all of a project's poten al environmental impacts will be avoided or otherwise mi gated. Through the integrated project review process described in subsec on (1) of this sec on, the local government will determine whether exis ng requirements, including the applicable regula ons or plans, adequately analyze and address a project's environmental impacts. RCW 43.21C.240 provides that project review should not require addi onal studies or mi ga on under chapter 43.21C RCW where Page 8 of 54 exis ng regula ons have adequately addressed a proposed project's probable specific adverse environmental impacts. (3) Given the hundreds of jurisdic ons and agencies in the state and the numerous communi es and applicants affected by development regula ons and comprehensive plans adopted under chapter 36.70A RCW, it is essen al to establish a uniform framework for considering the consistency of a proposed project with the applicable regula ons or plan. Consistency should be determined in the project review process by considering four factors found in applicable regula ons or plans: The type of land use allowed; the level of development allowed, such as units per acre or other measures of density; infrastructure, such as the adequacy of public facili es and services to serve the proposed project; and the character of the proposed development, such as compliance with specific development standards. This uniform approach corresponds to exis ng project review prac ces and will not place a burden on applicants or local government. The legislature intends that this approach should be largely a ma er of checking compliance with exis ng requirements for most projects, which are simple or rou ne, while more complex projects may require more analysis. RCW 43.21C.240 and 36.70B.030 establish this uniform framework and also direct state agencies to consult with local government and the public to develop a be er format than the current environmental checklist to meet this objec ve. (4) When an applicant applies for a project permit, consistency between the proposed project and applicable regula ons or plan should be determined through a project review process that integrates land use and environmental impact analysis, so that governmental and public review of the proposed project as required by this chapter, by development regula ons under chapter 36.70A RCW, and by the environmental process under chapter 43.21C RCW run concurrently and not separately. (5) RCW 36.70B.030 and 36.70B.040 address three related needs with respect to how the project review process should address consistency between a proposed project and the applicable regula ons or plan: (a) A uniform framework for the meaning of consistency; (b) An emphasis on relying on exis ng requirements and adopted standards, with the use of supplemental authority as specified by chapter 43.21C RCW to the extent that exis ng requirements do not adequately address a project's specific probable adverse environmental impacts; and (c) The iden fica on of three basic land use planning choices made in applicable regula ons or plans that, at a minimum, serve as a founda on for project review and that should not be reanalyzed during project permi ng." [ 1995 c 347 s 403.] RCW 36.70B.040 Determina on of consistency. (1) A proposed project's consistency with a local government's development regula ons adopted under chapter 36.70A RCW, or, in the absence of applicable development regula ons, the appropriate elements of the comprehensive plan adopted under chapter 36.70A RCW shall be decided by the local government during project review by considera on of: (a) The type of land use; Page 9 of 54 (b) The level of development, such as units per acre or other measures of density; (c) Infrastructure, including public facili es and services needed to serve the development; and (d) The characteris cs of the development, such as development standards. (2) In deciding whether a project is consistent, the determina ons made pursuant to RCW 36.70B.030(2) shall be controlling. (3) For purposes of this sec on, the term "consistency" shall include all terms used in this chapter and chapter 36.70A RCW to refer to performance in accordance with this chapter and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency. (4) Nothing in this sec on requires documenta on, dictates an agency's procedures for considering consistency, or limits a city or county from asking more specific or related ques ons with respect to any of the four main categories listed in subsec on (1)(a) through (d) of this sec on. (5) The department of commerce is authorized to develop and adopt by rule criteria to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project ac ons. These criteria shall be jointly developed with the department of ecology. [ 2023 c 470 s 2020; 1997 c 429 s 46; 1995 c 347 s 405.] NOTES: Explanatory statement—2023 c 470: See note following RCW 10.99.030. Severability—1997 c 429: See note following RCW 36.70A.3201. Intent—Findings—1995 c 347 ss 404 and 405: See note following RCW 36.70B.030. RCW 36.70B.050 Local government review of project permit applica ons required—Objec ves. Not later than March 31, 1996, each local government shall provide by ordinance or resolu on for review of project permit applica ons to achieve the following objec ves: (1) Combine the environmental review process, both procedural and substan ve, with the procedure for review of project permits; and (2) Except for the appeal of a determina on of significance as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal. [ 1995 c 347 s 406.] RCW 36.70B.060 Local governments planning under the growth management act to establish integrated and consolidated project permit process—Required elements. Page 10 of 54 Not later than March 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolu on an integrated and consolidated project permit process that may be included in its development regula ons. In addi on to the elements required by RCW 36.70B.050, the process shall include the following elements: (1) A determina on of completeness to the applicant as required by RCW 36.70B.070; (2) A no ce of applica on to the public and agencies with jurisdic on as required by RCW 36.70B.110; (3) Except as provided in RCW 36.70B.140, an op onal consolidated project permit review process as provided in RCW 36.70B.120. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing; (4) Provision allowing for any public mee ng or required open record hearing to be combined with any public mee ng or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of RCW * 36.70B.090 and 36.70B.110; (5) A single report sta ng all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing and any recommenda ons on project permits that do not require an open record predecision hearing. The report shall state any mi ga on required or proposed under the development regula ons or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determina on other than a determina on of significance has not been issued previously by the local government, the report shall include or append this determina on; (6) Except for the appeal of a determina on of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determina ons or project permit decisions, the local government shall provide for no more than one consolidated open record hearing on such appeal. The local government need not provide for any further appeal and may provide an appeal for some but not all project permit decisions. If an appeal is provided a er the open record hearing, it shall be a closed record appeal before a single decision-making body or officer; (7) A no ce of decision as required by RCW 36.70B.130 and issued within the me period provided in RCW 36.70B.080 and * 36.70B.090; (8) Comple on of project review by the local government, including environmental review and public review and any appeals to the local government, within any applicable me periods under *RCW 36.70B.090; and (9) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW. [ 1995 c 347 s 407.] NOTES: *Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to 1998 c 286 s 8. RCW 36.70B.070 Page 11 of 54 Project permit applica ons—Determina on of completeness—No ce to applicant. (1)(a) Within 28 days a er receiving a project permit applica on, a local government planning pursuant to RCW 36.70A.040 shall provide a wri en determina on to the applicant. (b) The wri en determina on must state either: (i) That the applica on is complete; or (ii) That the applica on is incomplete and that the procedural submission requirements of the local government have not been met. The determina on shall outline what is necessary to make the applica on procedurally complete. (c) The number of days shall be calculated by coun ng every calendar day. (d) To the extent known by the local government, the local government shall iden fy other agencies of local, state, or federal governments that may have jurisdic on over some aspect of the applica on. (2) A project permit applica on is complete for purposes of this sec on when it meets the procedural submission requirements of the local government, as outlined on the project permit applica on. Addi onal informa on or studies may be required or project modifica ons may be undertaken subsequent to the procedural review of the applica on by the local government. The determina on of completeness shall not preclude the local government from reques ng addi onal informa on or studies either at the me of the no ce of completeness or subsequently if new informa on is required or substan al changes in the proposed ac on occur. However, if the procedural submission requirements, as outlined on the project permit applica on have been provided, the need for addi onal informa on or studies may not preclude a completeness determina on. (3) The determina on of completeness may include or be combined with the following: (a) A preliminary determina on of those development regula ons that will be used for project mi ga on; (b) A preliminary determina on of consistency, as provided under RCW 36.70B.040; (c) Other informa on the local government chooses to include; or (d) The no ce of applica on pursuant to the requirements in RCW 36.70B.110. (4)(a) An applica on shall be deemed procedurally complete on the 29th day a er receiving a project permit applica on under this sec on if the local government does not provide a wri en determina on to the applicant that the applica on is procedurally incomplete as provided in subsec on (1)(b)(ii) of this sec on. When the local government does not provide a wri en determina on, they may s ll seek addi onal informa on or studies as provided for in subsec on (2) of this sec on. (b) Within 14 days a er an applicant has submi ed to a local government addi onal informa on iden fied by the local government as being necessary for a complete applica on, the local government shall no fy the applicant whether the applica on is complete or what addi onal informa on is necessary. Page 12 of 54 (c) The no ce of applica on shall be provided within 14 days a er the determina on of completeness pursuant to RCW 36.70B.110. [ 2023 c 338 s 6; 1995 c 347 s 408; 1994 c 257 s 4. Formerly RCW 36.70A.440.] NOTES: Severability—1994 c 257: See note following RCW 36.70A.270. RCW 36.70B.080 Development regula ons—Requirements—Report on implementa on costs. (Effec ve un l January 1, 2025.) (1) Development regula ons adopted pursuant to RCW 36.70A.040 must establish and implement me periods for local government ac ons for each type of project permit applica on and provide mely and predictable procedures to determine whether a completed project permit applica on meets the requirements of those development regula ons. The me periods for local government ac ons for each type of complete project permit applica on or project type should not exceed one hundred twenty days, unless the local government makes wri en findings that a specified amount of addi onal me is needed to process specific complete project permit applica ons or project types. The development regula ons must, for each type of permit applica on, specify the contents of a completed project permit applica on necessary for the complete compliance with the me periods and procedures. (2)(a) Coun es subject to the requirements of RCW 36.70A.215 and the ci es within those coun es that have popula ons of at least twenty thousand must, for each type of permit applica on, iden fy the total number of project permit applica ons for which decisions are issued according to the provisions of this chapter. For each type of project permit applica on iden fied, these coun es and ci es must establish and implement a deadline for issuing a no ce of final decision as required by subsec on (1) of this sec on and minimum requirements for applica ons to be deemed complete under RCW 36.70B.070 as required by subsec on (1) of this sec on. (b) Coun es and ci es subject to the requirements of this subsec on also must prepare annual performance reports that include, at a minimum, the following informa on for each type of project permit applica on iden fied in accordance with the requirements of (a) of this subsec on: (i) Total number of complete applica ons received during the year; (ii) Number of complete applica ons received during the year for which a no ce of final decision was issued before the deadline established under this subsec on; (iii) Number of applica ons received during the year for which a no ce of final decision was issued a er the deadline established under this subsec on; (iv) Number of applica ons received during the year for which an extension of me was mutually agreed upon by the applicant and the county or city; Page 13 of 54 (v) Variance of actual performance, excluding applica ons for which mutually agreed me extensions have occurred, to the deadline established under this subsec on during the year; and (vi) The mean processing me and the number standard devia on from the mean. (c) Coun es and ci es subject to the requirements of this subsec on must: (i) Provide no ce of and access to the annual performance reports through the county's or city's website; and (ii) Post electronic facsimiles of the annual performance reports through the county's or city's website. Pos ngs on a county's or city's website indica ng that the reports are available by contac ng the appropriate county or city department or official do not comply with the requirements of this subsec on. If a county or city subject to the requirements of this subsec on does not maintain a website, no ce of the reports must be given by reasonable methods, including but not limited to those methods specified in RCW 36.70B.110(4). (3) Nothing in this sec on prohibits a county or city from extending a deadline for issuing a decision for a specific project permit applica on for any reasonable period of me mutually agreed upon by the applicant and the local government. (4) The *department of community, trade, and economic development shall work with the coun es and ci es to review the poten al implementa on costs of the requirements of subsec on (2) of this sec on. The department, in coopera on with the local governments, shall prepare a report summarizing the projected costs, together with recommenda ons for state funding assistance for implementa on costs, and provide the report to the governor and appropriate commi ees of the senate and house of representa ves by January 1, 2005. [ 2004 c 191 s 2; 2001 c 322 s 1; 1995 c 347 s 410; (1995 c 347 s 409 expired July 1, 2000); 1994 c 257 s 3. Formerly RCW 36.70A.065.] NOTES: *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Findings—Intent—2004 c 191: "The legislature finds that the mely issuance of project permit decisions by local governments serves the public interest. When these decisions, that are o en responses to land use and building permit applica ons, are issued according to specific and locally established me periods and without unnecessary or inappropriate delays, the public enjoys greater efficiency, consistency, and predictability in the permi ng process. The legislature also finds that full access to relevant performance data produced annually by local governments for each type of permit applica on affords elected officials, project proponents, and the general public the opportunity to review and compare the permit applica on and processing performance of jurisdic ons. Furthermore, the legislature finds that the review and comparison of this data, and the requirement to provide convenient and direct internet access to germane and consistent Page 14 of 54 reports, will likely foster improved methods for processing applica ons, and issuing project permit decisions in a mely manner. The legislature, therefore, intends to con nue and clarify the requirements for certain jurisdic ons to produce and provide access to annual permi ng performance reports." [ 2004 c 191 s 1.] Effec ve date—1995 c 347 s 410: "Sec on 410, chapter 347, Laws of 1995 shall take effect July 1, 2000." [ 1998 c 286 s 10; 1995 c 347 s 412.] Expira on date—1995 c 347 s 409: "The amendments to RCW 36.70B.080 contained in sec on 409, chapter 347, Laws of 1995 shall expire July 1, 2000." [ 1998 c 286 s 9; 1995 c 347 s 411.] Severability—1994 c 257: See note following RCW 36.70A.270. Development regula ons must provide sufficient land capacity for development: RCW 36.70A.115. RCW 36.70B.080 Development regula ons—Requirements—Report on implementa on costs. (Effec ve January 1, 2025.) (1)(a) Development regula ons adopted pursuant to RCW 36.70A.040 must establish and implement me periods for local government ac ons for each type of project permit applica on and provide mely and predictable procedures to determine whether a completed project permit applica on meets the requirements of those development regula ons. The me periods for local government ac ons for each type of complete project permit applica on or project type should not exceed those specified in this sec on. (b) For project permits submi ed a er January 1, 2025, the development regula ons must, for each type of permit applica on, specify the contents of a completed project permit applica on necessary for the complete compliance with the me periods and procedures. (c) A jurisdic on may exclude certain permit types and melines for processing project permit applica ons as provided for in RCW 36.70B.140. (d) The me periods for local government ac on to issue a final decision for each type of complete project permit applica on or project type subject to this chapter should not exceed the following me periods unless modified by the local government pursuant to this sec on or RCW 36.70B.140: (i) For project permits which do not require public no ce under RCW 36.70B.110, a local government must issue a final decision within 65 days of the determina on of completeness under RCW 36.70B.070; (ii) For project permits which require public no ce under RCW 36.70B.110, a local government must issue a final decision within 100 days of the determina on of completeness under RCW 36.70B.070; and (iii) For project permits which require public no ce under RCW 36.70B.110 and a public hearing, a local government must issue a final decision within 170 days of the determina on of completeness under RCW 36.70B.070. Page 15 of 54 (e) A jurisdic on may modify the provisions in (d) of this subsec on to add permit types not iden fied, change the permit names or types in each category, address how consolidated review me periods may be different than permits submi ed individually, and provide for how projects of a certain size or type may be differen ated, including by differen a ng between residen al and nonresiden al permits. Unless otherwise provided for the consolidated review of more than one permit, the me period for a final decision shall be the longest of the permit me periods iden fied in (d) of this subsec on or as amended by a local government. (f) If a local government does not adopt an ordinance or resolu on modifying the provisions in (d) of this subsec on, the me periods in (d) of this subsec on apply. (g) The number of days an applica on is in review with the county or city shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the project permit applica on. The number of days shall be calculated by coun ng every calendar day and excluding the following me periods: (i) Any period between the day that the county or city has no fied the applicant, in wri ng, that addi onal informa on is required to further process the applica on and the day when responsive informa on is resubmi ed by the applicant; (ii) Any period a er an applicant informs the local government, in wri ng, that they would like to temporarily suspend review of the project permit applica on un l the me that the applicant no fies the local government, in wri ng, that they would like to resume the applica on. A local government may set condi ons for the temporary suspension of a permit applica on; and (iii) Any period a er an administra ve appeal is filed un l the administra ve appeal is resolved and any addi onal me period provided by the administra ve appeal has expired. (h) The me periods for a local government to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residen al elements from the original applica on that would make the applica on fail to meet the determina on of procedural completeness for the new use, as required by the local government under RCW 36.70B.070. (i) If, at any me, an applicant informs the local government, in wri ng, that the applicant would like to temporarily suspend the review of the project for more than 60 days, or if an applicant is not responsive for more than 60 consecu ve days a er the county or city has no fied the applicant, in wri ng, that addi onal informa on is required to further process the applica on, an addi onal 30 days may be added to the me periods for local government ac on to issue a final decision for each type of project permit that is subject to this chapter. Any wri en no ce from the local government to the applicant that addi onal informa on is required to further process the applica on must include a no ce that nonresponsiveness for 60 consecu ve days may result in 30 days being added to the me for review. For the purposes of this subsec on, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing addi onal requested informa on to the local government, or that there is no ongoing communica on from the applicant to the local government on the applicant's ability or willingness to provide the addi onal informa on. (j) Annual amendments to the comprehensive plan are not subject to the requirements of this sec on. Page 16 of 54 (k) A county's or city's adop on of a resolu on or ordinance to implement this subsec on shall not be subject to appeal under chapter 36.70A RCW unless the resolu on or ordinance modifies the me periods provided in (d) of this subsec on by providing for a review period of more than 170 days for any project permit. (l)(i) When permit me periods provided for in (d) of this subsec on, as may be amended by a local government, and as may be extended as provided for in (i) of this subsec on, are not met, a por on of the permit fee must be refunded to the applicant as provided in this subsec on. A local government may provide for the collec on of only 80 percent of a permit fee ini ally, and for the collec on of the remaining balance if the permi ng me periods are met. The por on of the fee refunded for missing me periods shall be: (A) 10 percent if the final decision of the project permit applica on was made a er the applicable deadline but the period from the passage of the deadline to the me of issuance of the final decision did not exceed 20 percent of the original me period; or (B) 20 percent if the period from the passage of the deadline to the me of the issuance of the final decision exceeded 20 percent of the original me period. (ii) Except as provided in RCW 36.70B.160, the provisions in subsec on (l)(i) of this sec on are not applicable to ci es and coun es which have implemented at least three of the op ons in RCW 36.70B.160(1) (a) through (j) at the me an applica on is deemed procedurally complete. (2)(a) Coun es subject to the requirements of RCW 36.70A.215 and the ci es within those coun es that have popula ons of at least 20,000 must, for each type of permit applica on, iden fy the total number of project permit applica ons for which decisions are issued according to the provisions of this chapter. For each type of project permit applica on iden fied, these coun es and ci es must establish and implement a deadline for issuing a no ce of final decision as required by subsec on (1) of this sec on and minimum requirements for applica ons to be deemed complete under RCW 36.70B.070 as required by subsec on (1) of this sec on. (b) Coun es and ci es subject to the requirements of this subsec on also must prepare an annual performance report that includes informa on outlining me periods for certain permit types associated with housing. The report must provide: (i) Permit me periods for certain permit processes in the county or city in rela on to those established under this sec on, including whether the county or city has established shorter me periods than those provided in this sec on; (ii) The total number of decisions issued during the year for the following permit types: Preliminary subdivisions, final subdivisions, binding site plans, permit processes associated with the approval of mul family housing, and construc on plan review for each of these permit types when submi ed separately; (iii) The total number of decisions for each permit type which included consolidated project permit review, such as concurrent review of a rezone or construc on plans; (iv) The average number of days from a submi al to a decision being issued for the project permit types listed in *subsec on (2)(a)(ii) of this sec on. This shall be calculated from the day completeness is Page 17 of 54 determined under RCW 36.70B.070 to the date a decision is issued on the applica on. The number of days shall be calculated by coun ng every calendar day; (v) The total number of days each project permit applica on of a type listed in *subsec on (2)(a)(ii) of this sec on was in review with the county or city. This shall be calculated from the day completeness is determined under RCW 36.70B.070 to the date a final decision is issued on the applica on. The number of days shall be calculated by coun ng every calendar day. The days the applica on is in review with the county or city does not include the me periods in subsec on (1)(g)(i)-(iii) [(1)(g)(i) through (iii)] of this sec on; (vi) The total number of days that were excluded from the me period calcula on under subsec on (1)(g)(i)-(iii) [(1)(g)(i) through (iii)] of this sec on for each project permit applica on of a type listed in *subsec on (2)(a)(ii) of this sec on. (c) Coun es and ci es subject to the requirements of this subsec on must: (i) Post the annual performance report through the county's or city's website; and (ii) Submit the annual performance report to the department of commerce by March 1st each year. (d) No later than July 1st each year, the department of commerce shall publish a report which includes the annual performance report data for each county and city subject to the requirements of this subsec on and a list of those coun es and ci es whose me periods are shorter than those provided for in this sec on. The annual report must also include key metrics and findings from the informa on collected. (e) The ini al annual report required under this subsec on must be submi ed to the department of commerce by March 1, 2025, and must include informa on from permi ng in 2024. (3) Nothing in this sec on prohibits a county or city from extending a deadline for issuing a decision for a specific project permit applica on for any reasonable period of me mutually agreed upon by the applicant and the local government. [ 2023 c 338 s 7; 2004 c 191 s 2; 2001 c 322 s 1; 1995 c 347 s 410; (1995 c 347 s 409 expired July 1, 2000); 1994 c 257 s 3. Formerly RCW 36.70A.065.] NOTES: *Reviser's note: The reference to RCW 36.70B.080(2)(a)(ii) appears to be erroneous. RCW 36.70B.080(2)(b)(ii) was apparently intended. Effec ve date—2023 c 338 s 7: "Sec on 7 of this act takes effect January 1, 2025." [ 2023 c 338 s 13.] Findings—Intent—2004 c 191: "The legislature finds that the mely issuance of project permit decisions by local governments serves the public interest. When these decisions, that are o en responses to land use and building permit applica ons, are issued according to specific and locally established me periods and without unnecessary or inappropriate delays, the public enjoys greater efficiency, consistency, and predictability in the permi ng process. Page 18 of 54 The legislature also finds that full access to relevant performance data produced annually by local governments for each type of permit applica on affords elected officials, project proponents, and the general public the opportunity to review and compare the permit applica on and processing performance of jurisdic ons. Furthermore, the legislature finds that the review and comparison of this data, and the requirement to provide convenient and direct internet access to germane and consistent reports, will likely foster improved methods for processing applica ons, and issuing project permit decisions in a mely manner. The legislature, therefore, intends to con nue and clarify the requirements for certain jurisdic ons to produce and provide access to annual permi ng performance reports." [ 2004 c 191 s 1.] Effec ve date—1995 c 347 s 410: "Sec on 410, chapter 347, Laws of 1995 shall take effect July 1, 2000." [ 1998 c 286 s 10; 1995 c 347 s 412.] Expira on date—1995 c 347 s 409: "The amendments to RCW 36.70B.080 contained in sec on 409, chapter 347, Laws of 1995 shall expire July 1, 2000." [ 1998 c 286 s 9; 1995 c 347 s 411.] Severability—1994 c 257: See note following RCW 36.70A.270. Development regula ons must provide sufficient land capacity for development: RCW 36.70A.115. RCW 36.70B.100 Designa on of person or en ty to receive determina ons and no ces. A local government may require the applicant for a project permit to designate a single person or en ty to receive determina ons and no ces required by this chapter. [ 1995 c 347 s 414.] RCW 36.70B.110 No ce of applica on—Required elements—Integra on with other review procedures—Administra ve appeals. (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a no ce of applica on to the public and the departments and agencies with jurisdic on as provided in this sec on. If a local government has made a threshold determina on under chapter 43.21C RCW concurrently with the no ce of applica on, the no ce of applica on may be combined with the threshold determina on and the scoping no ce for a determina on of significance. Nothing in this sec on prevents a determina on of significance and scoping no ce from being issued prior to the no ce of applica on. Nothing in this sec on or this chapter prevents a lead agency, when it is a project proponent or is funding a project, from conduc ng its review under chapter 43.21C RCW or from allowing appeals of procedural determina ons prior to submi ng a project permit. Page 19 of 54 (2) The no ce of applica on shall be provided within 14 days a er the determina on of completeness as provided in RCW 36.70B.070 and, except as limited by the provisions of subsec on (4)(b) of this sec on, must include the following in whatever sequence or format the local government deems appropriate: (a) The date of applica on, the date of the no ce of comple on for the applica on, and the date of the no ce of applica on; (b) A descrip on of the proposed project ac on and a list of the project permits included in the applica on and, if applicable, a list of any studies requested under RCW 36.70B.070; (c) The iden fica on of other permits not included in the applica on to the extent known by the local government; (d) The iden fica on of exis ng environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the no ce of applica on, such as a city land use bulle n, the loca on where the applica on and any studies can be reviewed; (e) A statement of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of no ce of applica on, and statements of the right of any person to comment on the applica on, receive no ce of and par cipate in any hearings, request a copy of the decision once made, and any appeal rights. A local government may accept public comments at any me prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit; (f) The date, me, place, and type of hearing, if applicable and scheduled at the date of no ce of the applica on; (g) A statement of the preliminary determina on, if one has been made at the me of no ce, of those development regula ons that will be used for project mi ga on and of consistency as provided in RCW 36.70B.030(2) and 36.70B.040; and (h) Any other informa on determined appropriate by the local government. (3) If an open record predecision hearing is required for the requested project permits, the no ce of applica on shall be provided at least fi een days prior to the open record hearing. (4) A local government shall use reasonable methods to give the no ce of applica on to the public and agencies with jurisdic on and may use its exis ng no ce procedures. A local government may use different types of no ce for different categories of project permits or types of project ac ons. If a local government by resolu on or ordinance does not specify its method of public no ce, the local government shall use the methods provided for in (a) and (b) of this subsec on. Examples of reasonable methods to inform the public are: (a) Pos ng the property for site-specific proposals; (b) Publishing no ce, including at least the project loca on, descrip on, type of permit(s) required, comment period dates, and loca on where the no ce of applica on required by subsec on (2) of this sec on and the complete applica on may be reviewed, in the newspaper of general circula on in the general area where the proposal is located or in a local land use newsle er published by the local government; Page 20 of 54 (c) No fying public or private groups with known interest in a certain proposal or in the type of proposal being considered; (d) No fying the news media; (e) Placing no ces in appropriate regional or neighborhood newspapers or trade journals; (f) Publishing no ce in agency newsle ers or sending no ce to agency mailing lists, either general lists or lists for specific proposals or subject areas; and (g) Mailing to neighboring property owners. (5) A no ce of applica on shall not be required for project permits that are categorically exempt under chapter 43.21C RCW, unless an open record predecision hearing is required or an open record appeal hearing is allowed on the project permit decision. (6) A local government shall integrate the permit procedures in this sec on with environmental review under chapter 43.21C RCW as follows: (a) Except for a threshold determina on and except as otherwise expressly allowed in this sec on, the local government may not issue a decision or a recommenda on on a project permit un l the expira on of the public comment period on the no ce of applica on. (b) If an open record predecision hearing is required, the local government shall issue its threshold determina on at least fi een days prior to the open record predecision hearing. (c) Comments shall be as specific as possible. (d) A local government is not required to provide for administra ve appeals of its threshold determina on. If provided, an administra ve appeal must be filed within fourteen days a er no ce that the determina on has been made and is appealable. Except as otherwise expressly provided in this sec on, the appeal hearing on a threshold determina on must be consolidated with any open record hearing on the project permit. (7) At the request of the applicant, a local government may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency, if: (a) The hearing is held within the geographic boundary of the local government; and (b) The applicant agrees to the schedule in the event that addi onal me is needed in order to combine the hearings. All agencies of the state of Washington, including municipal corpora ons and coun es par cipa ng in a combined hearing, are hereby authorized to issue joint hearing no ces and develop a joint format, select a mutually acceptable hearing body or officer, and take such other ac ons as may be necessary to hold joint hearings consistent with each of their respec ve statutory obliga ons. (8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do so, as long as: (a) The agency is not expressly prohibited by statute from doing so; Page 21 of 54 (b) Sufficient no ce of the hearing is given to meet each of the agencies' adopted no ce requirements as set forth in statute, ordinance, or rule; and (c) The agency has received the necessary informa on about the proposed project from the applicant to hold its hearing at the same me as the local government hearing. (9) A local government is not required to provide for administra ve appeals. If provided, an administra ve appeal of the project decision and of any environmental determina on issued at the same me as the project decision, shall be filed within fourteen days a er the no ce of the decision or a er other no ce that the decision has been made and is appealable. The local government shall extend the appeal period for an addi onal seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determina on of nonsignificance issued as part of the appealable project permit decision. (10) The applicant for a project permit is deemed to be a par cipant in any comment period, open record hearing, or closed record appeal. (11) Each local government planning under RCW 36.70A.040 shall adopt procedures for administra ve interpreta on of its development regula ons. [ 2023 c 338 s 10. Prior: 1997 c 429 s 48; 1997 c 396 s 1; 1995 c 347 s 415.] NOTES: Severability—1997 c 429: See note following RCW 36.70A.3201. RCW 36.70B.120 Permit review process. (1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits rela ng to a proposed project ac on, including a single applica on review and approval process covering all project permits requested by an applicant for all or part of a project ac on and a designated permit coordinator. If an applicant elects the consolidated permit review process, the determina on of completeness, no ce of applica on, and no ce of final decision must include all project permits being reviewed through the consolidated permit review process. (2) Consolidated permit review may provide different procedures for different categories of project permits, but if a project ac on requires project permits from more than one category, the local government shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal as provided in RCW 36.70B.060. Each local government shall determine which project permits are subject to an open record hearing and a closed record appeal. Examples of categories of project permits include but are not limited to: (a) Proposals that are categorically exempt from chapter 43.21C RCW, such as construc on permits, that do not require environmental review or public no ce; (b) Permits that require environmental review, but no open record predecision hearing; and Page 22 of 54 (c) Permits that require a threshold determina on and an open record predecision hearing and may provide for a closed record appeal to a hearing body or officer or to the local government legisla ve body. (3) A local government may provide by ordinance or resolu on for the same or a different decision maker or hearing body or officer for different categories of project permits. In the case of consolidated project permit review, the local government shall specify which decision makers shall make the decision or recommenda on, conduct the hearing, or decide the appeal to ensure that consolidated permit review occurs as provided in this sec on. The consolidated permit review may combine an open record predecision hearing on one or more permits with an open record appeal hearing on other permits. In such cases, the local government by ordinance or resolu on shall specify which project permits, if any, shall be subject to a closed record appeal. [ 1995 c 347 s 416.] RCW 36.70B.130 No ce of decision—Distribu on. A local government planning under RCW 36.70A.040 shall provide a no ce of decision that also includes a statement of any threshold determina on made under chapter 43.21C RCW and the procedures for administra ve appeal, if any. The no ce of decision may be a copy of the report or decision on the project permit applica on. The no ce shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested no ce of the decision or submi ed substan ve comments on the applica on. The local government shall provide for no ce of its decision as provided in RCW 36.70B.110(4), which shall also state that affected property owners may request a change in valua on for property tax purposes notwithstanding any program of revalua on. The local government shall provide no ce of decision to the county assessor's office of the county or coun es in which the property is situated. [ 1996 c 254 s 1; 1995 c 347 s 417.] RCW 36.70B.140 Project permits that may be excluded from review. (1) A local government by ordinance or resolu on may exclude the following project permits from the provisions of RCW 36.70B.060 through * 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark designa ons, street vaca ons, or other approvals rela ng to the use of public areas or facili es, or other project permits, whether administra ve or quasi-judicial, that the local government by ordinance or resolu on has determined present special circumstances that warrant a review process or me periods for approval which are different from that provided in RCW 36.70B.060 through * 36.70B.090 and 36.70B.110 through 36.70B.130. (2) A local government by ordinance or resolu on also may exclude the following project permits from the provisions of RCW 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary Page 23 of 54 adjustments and building and other construc on permits, or similar administra ve approvals, categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connec on with other project permits. (3) A local government must exclude project permits for interior altera ons from site plan review, provided that the interior altera ons do not result in the following: (a) Addi onal sleeping quarters or bedrooms; (b) Nonconformity with federal emergency management agency substan al improvement thresholds; or (c) Increase the total square footage or valua on of the structure thereby requiring upgraded fire access or fire suppression systems. (4) Nothing in this sec on exempts interior altera ons from otherwise applicable building, plumbing, mechanical, or electrical codes. (5) For purposes of this sec on, "interior altera ons" include construc on ac vi es that do not modify the exis ng site layout or its current use and involve no exterior work adding to the building footprint. [ 2023 c 338 s 1; 1995 c 347 s 418.] NOTES: *Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to 1998 c 286 s 8. RCW 36.70B.150 Local governments not planning under the growth management act may use provisions. A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 36.70B.060 through * 36.70B.090 and 36.70B.110 through 36.70B.130 into its procedures for review of project permits or other project ac ons. [ 1995 c 347 s 419.] NOTES: *Reviser's note: RCW 36.70B.090 expired June 30, 2000, pursuant to 1998 c 286 s 8. RCW 36.70B.160 Addi onal project review encouraged—Construc on (as amended by 2023 c 333). (1) Each local government is encouraged to adopt further project review provisions to provide prompt, coordinated, and objec ve review and ensure accountability to applicants and the public, including expedited review for project permit applica ons for projects that are consistent with adopted development regula ons or that include dwelling units that are affordable to low-income or moderate- income households and within the capacity of systemwide infrastructure improvements. Page 24 of 54 (2) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplica on conference or a public mee ng by rule, ordinance, or resolu on, where otherwise required by applicable state law. (3) Each local government shall adopt procedures to monitor and enforce permit decisions and condi ons. (4) Nothing in this chapter modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government. (5) For the purposes of this sec on: (a) A dwelling unit is affordable if it requires payment of monthly housing costs, including u li es other than telephone, of no more than 30 percent of the family's income. (b) "Dwelling unit" means a residen al living unit that provides complete independent living facili es for one or more persons and that includes permanent provisions for living, sleeping, ea ng, cooking, and sanita on, and that is sold or rented separately from other dwelling units. (c) "Low-income household" means a single person, family, or unrelated persons living together whose adjusted income is less than 80 percent of the median family income, adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development, or less than 80 percent of the city's median income if the project is located in the city, the city has median income of more than 20 percent above the county median income, and the city has adopted an alterna ve local median income. (d) "Moderate-income household" means a single person, family, or unrelated persons living together whose adjusted income is at or below 120 percent of the median household income, adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development, or less than 120 percent of the city's median income if the project is located in the city, the city has median income of more than 20 percent above the county median income, and the city has adopted an alterna ve local median income. [ 2023 c 333 s 2; 1995 c 347 s 420.] RCW 36.70B.160 Addi onal project review encouraged—Addi onal measures for certain jurisdic ons—Construc on (as amended by 2023 c 338). (1) Each local government is encouraged to adopt further project review and code provisions to provide prompt, coordinated review and ensure accountability to applicants and the public ((, including expedited review for project permit applica ons for projects that are consistent with adopted development regula ons and within the capacity of systemwide infrastructure improvements))by: (a) Expedi ng review for project permit applica ons for projects that are consistent with adopted development regula ons; Page 25 of 54 (b) Imposing reasonable fees, consistent with RCW 82.02.020, on applicants for permits or other governmental approvals to cover the cost to the city, town, county, or other municipal corpora on of processing applica ons, inspec ng and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW. The fees imposed may not include a fee for the cost of processing administra ve appeals. Nothing in this subsec on limits the ability of a county or city to impose a fee for the processing of administra ve appeals as otherwise authorized by law; (c) Entering into an interlocal agreement with another jurisdic on to share permi ng staff and resources; (d) Maintaining and budge ng for on-call permi ng assistance for when permit volumes or staffing levels change rapidly; (e) Having new posi ons budgeted that are con ngent on increased permit revenue; (f) Adop ng development regula ons which only require public hearings for permit applica ons that are required to have a public hearing by statute; (g) Adop ng development regula ons which make preapplica on mee ngs op onal rather than a requirement of permit applica on submi al; (h) Adop ng development regula ons which make housing types an outright permi ed use in all zones where the housing type is permi ed; (i) Adop ng a program to allow for outside professionals with appropriate professional licenses to cer fy components of applica ons consistent with their license; or (j) Mee ng with the applicant to a empt to resolve outstanding issues during the review process. The mee ng must be scheduled within 14 days of a second request for correc ons during permit review. If the mee ng cannot resolve the issues and a local government proceeds with a third request for addi onal informa on or correc ons, the local government must approve or deny the applica on upon receiving the addi onal informa on or correc ons. (2)(a) A er January 1, 2026, a county or city must adopt addi onal measures under subsec on (1) of this sec on at the me of its next comprehensive plan update under RCW 36.70A.130 if it meets the following condi ons: (i) The county or city has adopted at least three project review and code provisions under subsec on (1) of this sec on more than five years prior; and (ii) The county or city is not mee ng the permi ng deadlines established in RCW 36.70B.080 at least half of the me over the period since its most recent comprehensive plan update under RCW 36.70A.130. (b) A city or county that is required to adopt new measures under (a) of this subsec on but fails to do so becomes subject to the provisions of RCW 36.70B.080(1)(l), notwithstanding RCW 36.70B.080(1)(l)(ii). (((2)))(3) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplica on conference or a public mee ng by rule, ordinance, or resolu on. Page 26 of 54 (((3)))(4) Each local government shall adopt procedures to monitor and enforce permit decisions and condi ons. (((4)))(5) Nothing in this chapter modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government. [ 2023 c 338 s 8; 1995 c 347 s 420.] NOTES: Reviser's note: RCW 36.70B.160 was amended twice during the 2023 legisla ve session, each without reference to the other. For rule of construc on concerning sec ons amended more than once during the same legisla ve session, see RCW 1.12.025. RCW 36.70B.170 Development agreements—Authorized. (1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdic on. A city may enter into a development agreement for real property outside its boundaries as part of a proposed annexa on or a service agreement. A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mi ga on of the development of the real property for the dura on specified in the agreement. A development agreement shall be consistent with applicable development regula ons adopted by a local government planning under chapter 36.70A RCW. (2) RCW 36.70B.170 through 36.70B.190 and sec on 501, chapter 347, Laws of 1995 do not affect the validity of a contract rezone, concomitant agreement, annexa on agreement, or other agreement in existence on July 23, 1995, or adopted under separate authority, that includes some or all of the development standards provided in subsec on (3) of this sec on. (3) For the purposes of this sec on, "development standards" includes, but is not limited to: (a) Project elements such as permi ed uses, residen al densi es, and nonresiden al densi es and intensi es or building sizes; (b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contribu ons by the property owner, inspec on fees, or dedica ons; (c) Mi ga on measures, development condi ons, and other requirements under chapter 43.21C RCW; (d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; (e) Affordable housing; (f) Parks and open space preserva on; (g) Phasing; Page 27 of 54 (h) Review procedures and standards for implemen ng decisions; (i) A build-out or ves ng period for applicable standards; and (j) Any other appropriate development requirement or procedure. (4) The execu on of a development agreement is a proper exercise of county and city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facili es. A development agreement shall reserve authority to impose new or different regula ons to the extent required by a serious threat to public health and safety. [ 1995 c 347 s 502.] NOTES: Findings—Intent—1995 c 347 ss 502-506: "The legislature finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public. Assurance to a development project applicant that upon government approval the project may proceed in accordance with exis ng policies and regula ons, and subject to condi ons of approval, all as set forth in a development agreement, will strengthen the public planning process, encourage private par cipa on and comprehensive planning, and reduce the economic costs of development. Further, the lack of public facili es and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments may include provisions and agreements whereby applicants are reimbursed over me for financing public facili es. It is the intent of the legislature by RCW 36.70B.170 through 36.70B.210 to allow local governments and owners and developers of real property to enter into development agreements." [ 1995 c 347 s 501.] RCW 36.70B.180 Development agreements—Effect. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regula on or a new zoning ordinance or development standard or regula on adopted a er the effec ve date of the agreement. A permit or approval issued by the county or city a er the execu on of the development agreement must be consistent with the development agreement. [ 1995 c 347 s 503.] NOTES: Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170. Page 28 of 54 RCW 36.70B.190 Development agreements—Recording—Par es and successors bound. A development agreement shall be recorded with the real property records of the county in which the property is located. During the term of the development agreement, the agreement is binding on the par es and their successors, including a city that assumes jurisdic on through incorpora on or annexa on of the area covering the property covered by the development agreement. [ 1995 c 347 s 504.] NOTES: Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170. RCW 36.70B.200 Development agreements—Public hearing. A county or city shall only approve a development agreement by ordinance or resolu on a er a public hearing. The county or city legisla ve body or a planning commission, hearing examiner, or other body designated by the legisla ve body to conduct the public hearing may conduct the hearing. If the development agreement relates to a project permit applica on, the provisions of chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. [ 1995 c 347 s 505.] NOTES: Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170. RCW 36.70B.210 Development agreements—Authority to impose fees not extended. Nothing in RCW 36.70B.170 through 36.70B.200 and sec on 501, chapter 347, Laws of 1995 is intended to authorize local governments to impose impact fees, inspec on fees, or dedica ons or to require any other financial contribu ons or mi ga on measures except as expressly authorized by other applicable provisions of state law. [ 1995 c 347 s 506.] NOTES: Findings—Intent—1995 c 347 ss 502-506: See note following RCW 36.70B.170. RCW 36.70B.220 Page 29 of 54 Permit assistance staff. (1) Each county and city having popula ons of ten thousand or more that plan under RCW 36.70A.040 shall designate permit assistance staff whose func on it is to assist permit applicants. An exis ng employee may be designated as the permit assistance staff. (2) Permit assistance staff designated under this sec on shall: (a) Make available to permit applicants all current local government regula ons and adopted policies that apply to the subject applica on. The local government shall provide counter copies thereof and, upon request, provide copies according to chapter 42.56 RCW. The staff shall also publish and keep current one or more handouts containing lists and explana ons of all local government regula ons and adopted policies; (b) Establish and make known to the public the means of obtaining the handouts and related informa on; and (c) Provide assistance regarding the applica on of the local government's regula ons in par cular cases. (3) Permit assistance staff designated under this sec on may obtain technical assistance and support in the compila on and produc on of the handouts under subsec on (2) of this sec on from the department of commerce. [ 2010 c 271 s 707; 2005 c 274 s 272; 1996 c 206 s 9.] NOTES: Purpose—Effec ve date—2010 c 271: See notes following RCW 43.330.005. Findings—1996 c 206: See note following RCW 43.05.030. RCW 36.70B.230 Planning regula ons—Copies provided to county assessor. By July 31, 1997, a local government planning under RCW 36.70A.040 shall provide to the county assessor a copy of the local government's comprehensive plan and development regula ons in effect on July 1st of that year and shall therea er provide any amendments to the plan and regula ons that were adopted before July 31st of each following year. [ 1996 c 254 s 6.] RCW 36.70B.240 Consolidated permit review grant program. (1) Subject to the availability of funds appropriated for this specific purpose, the department of commerce must establish a consolidated permit review grant program. The department may award Page 30 of 54 grants to any local government that provides, by ordinance, resolu on, or other ac on, a commitment to the following building permit review consolida on requirements: (a) Issuing final decisions on residen al permit applica ons within 45 business days or 90 calendar days. (i) To achieve permit review within the stated me periods, a local government must provide consolidated review for building permit applica ons. This may include an ini al technical peer review of the applica on for conformity with the requirements of RCW 36.70B.070 by all departments, divisions, and sec ons of the local government with jurisdic on over the project. (ii) A local government may contract with a third-party business to conduct the consolidated permit review or as addi onal inspec on staff. Any funds expended for such a contract may be eligible for reimbursement under chapter 338, Laws of 2023. (iii) Local governments are authorized to use grant funds to contract outside assistance to audit their development regula ons to iden fy and correct barriers to housing development. (b) Establishing an applica on fee structure that would allow the jurisdic on to con nue providing consolidated permit review within 45 business days or 90 calendar days. (i) A local government may consult with local building associa ons to develop a reasonable fee system. (ii) A local government must determine, no later than July 1, 2024, the specific fee structure needed to provide permit review within the me periods specified in this subsec on (1)(b). (2) A jurisdic on that is awarded a grant under this sec on must provide a quarterly report to the department of commerce. The report must include the average and maximum me for permit review during the jurisdic on's par cipa on in the grant program. (3) If a jurisdic on is unable to successfully meet the terms and condi ons of the grant, the jurisdic on must enter a 90-day proba onary period. If the jurisdic on is not able to meet the requirements of this sec on by the end of the proba onary period, the jurisdic on is no longer eligible to receive grants under this sec on. (4) For the purposes of this sec on, "residen al permit" means a permit issued by a city or county that sa sfies the condi ons of *RCW 19.27.015(5) and is within the scope of the interna onal residen al code, as adopted in accordance with chapter 19.27 RCW. [ 2023 c 338 s 2.] NOTES: *Reviser's note: RCW 19.27.015 was amended by 2024 c 170 s 9, changing subsec on (5) to subsec on (10). RCW 36.70B.241 Permit review process update grant program. Page 31 of 54 (1) Subject to the availability of funds appropriated for this specific purpose, the department of commerce must establish a grant program for local governments to update their permit review process from paper filing systems to so ware systems capable of processing digital permit applica ons, virtual inspec ons, electronic review, and with capacity for video storage. (2) The department of commerce may only provide a grant under this sec on to a city if the city allows for the development of at least two units per lot on all lots zoned predominantly for residen al use within its jurisdic on. [ 2023 c 338 s 3.] RCW 36.70B.245 Technical assistance to local governments. (1) The department of commerce shall develop and provide technical assistance and guidance to coun es and ci es in se ng fee structures under RCW 36.70B.160(1) to ensure that the fees are reasonable and sufficient to recover true costs. The guidance must include informa on on how to u lize growth factors or other measures to reflect cost increases over me. (2) When providing technical assistance under subsec on (1) of this sec on, the department of commerce must priori ze local governments that have implemented at least three of the op ons in RCW 36.70B.160(1). [ 2023 c 338 s 9.] RCW 36.70B.250 Data repor ng template. The department of commerce shall develop a template for coun es and ci es subject to the requirements in RCW 36.70B.080, which will be u lized for repor ng data. [ 2023 c 338 s 11.] RCW 36.70B.260 Electricity projects—Prohibi on on demonstra on of need. During project review of a project to construct or improve facili es for the genera on, transmission, or distribu on of electricity, a local government may not require a project applicant to demonstrate the necessity or u lity of the project other than to require, as part of a completed applica on under RCW 36.70B.070(2), submission of any publicly available documenta on required by the federal energy regulatory commission or its delegees or the u li es and transporta on commission or its delegees, or from any other federal agency with regulatory authority over the assessment of electric power transmission and distribu on needs as applicable. Page 32 of 54 [ 2023 c 230 s 304.] NOTES: Findings—Intent—2023 c 230: See note following RCW 43.394.010. RCW 36.70B.270 Construc on crane safety—Local government permi ng. (Effec ve January 1, 2025.) (1) When a worksite contains a tower crane, the local government in which the tower crane is located must, at a minimum, do the following before any assembly, disassembly, or reconfigura on of the tower crane: (a) Align permit issuance for street closures with the defini on of assembly/disassembly work zone when a tower crane is being assembled, disassembled, reconfigured, or otherwise not fully stabilized and secure; (b) Issue street closure permits with considera on for sufficient me, as defined by the permit applicant, to safely conduct assembly, disassembly, or reconfigura on; and (c) Develop permi ng procedures that provide no ce to residents and occupants in buildings within the assembly/disassembly work zone in advance of any assembly, disassembly, or reconfigura on. (2) For purposes of this sec on, "assembly, disassembly, or reconfigura on" and "assembly/disassembly work zone" have the same meanings as those terms are defined in RCW 49.17.400. [ 2024 c 311 s 8.] NOTES: Applica on—Effec ve date—2024 c 311: See notes following RCW 49.17.400. Finding—Applica on—2024 c 311: See notes following RCW 49.17.435. RCW 36.70B.900 Finding—Severability—Part headings and table of contents not law—1995 c 347. See notes following RCW 36.70A.470. Page 33 of 54 Page 34 of 54 Page 35 of 54 Page 36 of 54 Page 37 of 54 Page 38 of 54 Page 39 of 54 Page 40 of 54 Page 41 of 54 Page 42 of 54 Page 43 of 54 Page 44 of 54 Page 45 of 54 Page 46 of 54 Page 47 of 54 Page 48 of 54 Page 49 of 54 Page 50 of 54 Page 51 of 54 Page 52 of 54 Page 53 of 54 To: The Reflector via email: legals@thereflector.com LEGAL NOTICE CITY OF WOODLAND NOTICE OF APPLICATION AND PUBLIC HEARING Notice is hereby given that the City of Woodland will receive comments from interested individuals regarding application WLD-2024-044. The application is a Zoning Text Amendment proposed by city staff to amend city code to comply with SB-5290 for Local Project Review. Questions and comments regarding the application should be directed to Travis Goddard, Community Development Director, at (360) 225-7299. Comments regarding the applications may be hand-delivered to 230 Davidson Avenue and placed in the utility billing drop box, mailed to PO Box 9, Woodland WA 98674, or e-mailed to, goddardt@ci.woodland.wa.us. Written comments must be received by November 15, 2024, at 5 p.m. to be considered with the staff report, however, the record will remain open until the conclusion of the public hearing. Application material, staff reports, and the eventual decision will be available on the project page at www.ci.woodland.wa.us. The Woodland Planning Commission will hold a public hearing on the application on November 21, 2024, at 7:00 P.M. The hearing will be held in person at the Woodland City Council Chambers, 200 East Scott Avenue, Woodland, WA as well as streamed virtually using Zoom and may be joined by computer, tablet, or smartphone. Dated this 31st day of October 2024. Travis Goddard Travis Goddard Community Development Director Published in The Reflector: November 6, 2024 cc and information only: The Daily News The Columbian City Website City Hall (Post) Police Station (Post) Post Office (Post) Page 54 of 54