2024-10-10 - Agenda PacketSpokane
jValley
Notice and Agenda For Regular Meeting
Spokane Valley Planning Commission
Thursday, October 10, 2024 at 6:00 p.m.
Remotely via ZOOM meeting and In Person at:
Spokane Valley City Hall located at 10210 E Sprague Avenue
NOTICE IS HEREBY GIVEN that a Regular Spokane Valley Planning Commission meeting will be held October 12, 2024, beginning
at 6:00 p.m. The meeting will be held in Council Chambers at Spokane Valley City Hall located at 10210 E Sprague Avenue, Spokane
Valley, Washington. The purpose of the meeting is to consider the items listed below on the Agenda.
NOTE: Members of the public may attend Spokane Valley Planning Commission meetings in -person at City Hall at the address
provided above, or via Zoom at the link below. Members of the public will be allowed to comment in -person or via Zoom as described
below:
Public comments will only be accented for those items noted on the agenda as "Public comment" or `Public hearinr." If making a
comment via Zoom, comments must be received by 4:00 pm, the day of the meeting. Please email Planning(a,snokanevallevwa.eov
or call the Planning Commission Secretary at 509-720-5112 to be added to the Zoom speaker list. Otherwise, comments will be taken
in -person at the meeting, as noted on the agenda below:
LINK TO ZOOM MEETING INFORMATION:
https://spokanevallgy.zoom.us/j/86262747051
US: +12532158782„ 86262747051# or+16699006833„86262747051# US
US: +1 253 215 8782 US (Tacoma)
Meeting ID: 862 6274 7051
AGENDA:
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVAL OF AGENDA
5. APPROVAL OF MINUTES: September 26, 2024
6. COMMISSION REPORTS
7. ADMINISTRATIVE REPORT
8. PUBLIC COMMENT: This is an opportunity for the public to speak on any subject except items listed as public comment
opportunity or public hearing as comments will be taken when those items appear on the agenda.
9. COMMISSION BUSINESS:
a. Study Session: CTA-2024-0001 - Amendments to Chapter 17.80 Permit Processing (Presented By Martin
Palaniuk)
10. FOR THE GOOD OF THE ORDER
11. ADJOURNMENT
Regular Meeting Minutes
Spokane Valley Planning Commission
Spokane Valley City Hall
September 26, 2024
I. Chairman Robert McKinley called the regular meeting to order at 6:00 p.m. The meeting was held in
person and via ZOOM meetings.
The Commissioners and staff stood for the Pledge Of Allegiance.
II. Administrative Assistant Marianne Lemons took attendance, and the following members and staff
were present:
Susan Delucchi Lori Barlow, Senior Planner
Michael Kelly Justan Kinsel, IT Specialist
Bob McKinley Marianne Lemons, Administrative Assistant
John Robertson, late
Vadim Smelik, late
Justin Weathermen
Dan Wilson, absent
III. AGENDA: Chairman McKinley asked for a correction to the agenda to move Item 6: Commission
Reports and Item 7: Administrative Report to after the short course training because the training
began 6:00 p.m. Vice -Chair Delueehi moved, and it was seconded, to approve the amended meeting
agenda for September26, 2024. There was no discussion. The vote on the motion was four in favor,
zero against, and the motion passed.
IV. MINUTES: Commissioner Delucchi noted that Tony Beattie, Deputy City Attorney was not in
attendance at the meeting and that City Attorney Kelly Konkright was in attendance. Commissioner
Delucchi moved, and it was seconded, to approve the amended meeting minutes for the September
12, 2024 meeting. There was no discussion. The vote on the motion was four in favor, zero against,
and the motion passed.
Commissioner Smelik arrived at 6:05 p.m.
V. PUBLIC COMMENT: There was no public comment offered.
VI. COMMISSION BUSINESS:
a. Training: Short Course on Local Planning
09-26-2024 Planning Commission Minutes
Page 2 of 2
A short course on Local Planning was presented to the Planning Commissioners via Zoom by
the Washington State Department of Commerce.
Commissioner Robertson arrived at 6:12 p.m.
Commissioner Smelik left the meeting at 7:10 p.m.
VII. COMMISSION REPORTS: Vice -Chair Delucchi reported that she attended a meeting of
organizations and communities to discuss concern over the drought conditions of the Spokane
Valley-Rathdrum Prairie Aquifer and the development happening in Idaho that is taking a
substantial amount of water from the aquifer. Commissioner Robertson reported that the 2024
County Fair was a success. Chairman McKinley reported that he attended Valleyfest.
VIII. ADMINISTRATIVE REPORT: Senior Planner Lori Barlow reported that the City has done the
first round of interviews for the Planning Manager position.
IX. GOOD OF THE ORDER: There was consensus from the Planning Commission to excuse
Commissioner Wilson from the meeting. There was also consensus to excuse Commissioner
Robertson from the September 12, 2024 meeting.
X. ADJOURNMENT: Commissioner Kelly moved, and it was seconded, to adjourn the meeting at
7:58 p.m. The vote on the motion was six in favor, zero against, and the motion passed.
Bob McKinley, Chairman Date Signed
Marianne Lemons, Secretary
CITY OF SPOKANE VALLEY
Request for Planning Commission Action
Meeting Date: October 10, 2024
Item: Check all that apply ❑ old business ❑ new business ❑ public hearing
❑ information ® study session ❑ pending legislation
AGENDA ITEM TITLE: Study Session: Amendments to chapter 17.80 SVMC Permit Processing
GOVERNING LEGISLATION: Chapter 17.80 SVMC, and Chapter 36.70B RCW
PREVIOUS COMMISSION ACTION: None
BACKGROUND: In April 2023, the Washington State legislature adopted Senate Bill (SB) 5290
updating portions of the Local Project Review Act, Chapter 36.70B RCW. The update is intended
to streamline project review for land use project permits. The amendments to Chapter 36.7013
RCW require the City to review the local project permit timelines, clarify the determination of
completeness process, and address partial permit fee refunds. While SB 5290 has other components
that may affect the City, these are the only components necessary to address within Chapter 17.80
SVMC. The legislative update creates inconsistencies with Chapter 17.80 SVMC Permit
Processing Procedures, and the following changes are proposed:
1. Clarify that a project permit application is complete when it meets the procedural
submission requirements as outlined on the project permit application.
2. Maintain City timelines for project permit review.
3. Add a section that allows the applicant to request a refund of a portion of the permit fees if the
permit time periods are not met.
4. Add a section that specifically identifies what time periods are not to be counted within the
decision timeline consistent with the state law. The current code does not adequately call these
timeframes out.
5. Last, various revisions that are considered housekeeping items that clarify a requirement but
make no substantive change.
Staff will provide an overview of the proposed regulations
RECOMMENDED ACTION OR MOTION: No action is required, the public hearing for CTA-
2024-0001 has been set for October 24, 2024.
STAFF CONTACT: Martin Palaniuk, Associate Planner
ATTACHMENTS: Draft CTA-2024-0001
Presentation
SB 5290
RPCA CTA-2024-0001 Page 1 of l
CTA-2024-0001 - Draft Page 1/17
Chapter 17.80 PERMIT PROCESSING PROCEDURES
Chapter 17.80
PERMIT PROCESSING PROCEDURES
Sections:
17.80.010 Purpose and applicability.
17.80.020 Types of development applications.
17.80.030 Assignment of development application classification.
17.80.040 Exempt activities.
17.80.050 Development application requirements.
17.80.060 Final decision authority.
17.80.070 Required application procedures.
17.80.080 Preapplication conference.
17.80.090 Counter -complete determination.
17.80.100 F+IiTeComplete determination.
17.80.110 Notice of application.
17.80.120 Notice of public hearing.
17.80.130 Final decision.
17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated with a
Comprehensive Plan amendment, and area -wide rezones.
17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24.
17.80.160 Optional consolidated review process.
17.80.170 Vesting of applications.
17.80.010 Purpose and applicability.
A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision -making procedures for
reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to:
1. Ensure prompt review of development applications;
2. Provide for necessary public review and comment on development applications;
3. Minimize adverse impacts on surrounding land uses;
4. Encourage flexibility and innovation in the design and layout of development proposals; and
5. Ensure consistency with the Comprehensive Plan and development regulations.
B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC.
17.80.020 Types of development applications.
Land use and development applications are classified as follows:
A. Type I procedures apply to permits and decisions issued administratively;
B. Type II procedures apply to administrative actions that contain some discretionary criteria;
C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria;
D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale
implementation of public policy;
E. Exempt applications defined in SVMC 17.80.040
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17.80.030 Assignment of development application classification.
A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1
below:
Table 17.80-1— Permit Type and Land Use Application
Type
Land Use and Development Application
SVMC Cross -Reference
Accessory dwelling units
19.40
Administrative determinations by city manager or designee
or building official
Multiple
Administrative exception
19.140
Administrative interpretation
17.50.010
Boundary line adjustments and eliminations
20.80
Building pemdts not subject to SEPA
21.20.040
Floodplain development
21.30
Grading pemtits
24.50
Type I
Home business permit
19.65.180
Shoreline letter of exemption
21.50
Record of survey to establish lots within a binding site plan
20.60.030
Right-of-way permits
22.130.100
Site plan review
19.130
Small cell permit
22.121; 22.122
Temporary use permit
19.160
Time extensions for preliminary subdivision, short
subdivision, or binding site plan
20.30.060
Alterations — preliminary and final short subdivisions and
preliminary and final binding site plans (where there is no
alteration of a public dedication)
20.60
Binding site plan — preliminary and final
20.50
Emergency shelter and emergency housing
19.45
Minor alterations— preliminary subdivisions
20.50
Permanent supportive housing
19.45
Type 11
SEPA threshold determination
21.20.060
Shoreline conditional use permit
21.50
Shoreline nonconforming use or structure review
21.50
Shoreline substantial development permit
21.50
Shoreline variance
21.50
Short subdivision — preliminary and final
20.30, 20.40
Transitional housing
19.45
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Chapter 17.80 PERMIT PROCESSING PROCEDURES
Type
Land Use and Development Application
SVMC Cross -Reference
Transitional parking programs
19.45
Vacation — short subdivisions and binding site plans where
there is no vacation of an area designated or dedicated for
public use
20.70
Wireless communication facilities
22.120
Alterations — final subdivisions (where a public hearing is
requested)
20.50
Alterations — preliminary and final short subdivisions and
preliminary and final binding site plans (where there is
alteration of a public dedication)
20.60
Conditional use permits
19.150
Type III
Subdivisions — preliminary
20.30
Substantial alterations— preliminary subdivisions
20.50
Vacation — subdivision; short subdivisions and binding site
plans where there is vacation of an area designated or
dedicated for public use
20.70
Variance
19.170
Zoning map amendments (site -specific rezones)
19.30.030
Annual Comprehensive Plan amendments (text and/or map)
17.80.140
Type IV
Area -wide zoning map amendments
17.80.140
Development Code text amendments
17.80.150
B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1
shall be assigned a type based on the most closely related application type by the city manager or designee, unless
exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the
greatest opportunity for public notice shall be followed.
C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits,
shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the
procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter
21.50 SVMC, Shoreline Regulations, including submittals, completeness review, notices, hearings, and decisions.
D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth
in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not
limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and
Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible
facilities requests, collocations, small cell permits, and new wireless communication facilities.
E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original
permit type.
17.80.040 Exempt activities.
A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt
from the procedural requirements of Chapter 17.80 SVMC:
1. Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or
utilities.
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Chapter 17.80 PERMIT PROCESSING PROCEDURES
2. A change of any legally established use is exempt, unless the change of use requires:
a. An increase in the number of parking spaces provided;
b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits;
c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or
d. Review by SEPA.
3. Final subdivisions, short subdivisions, and binding site plans.
4. Building permits that are not subject to SEPA.
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5. On -site utility permits not obtained in conjunction with a specific development application including, but not
limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits.
6. Sign permits.
7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130
SVMC, Site Plan Review.
B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable
standards and requirements of the SVMC.
17.80.050 Development application requirements.
A. Application Forms. All applications shall be made on forms provided by the department. The city manager or
designee shall have authority to modify application forms.
B. Submittal Information. All applications shall include the information required in applicable provisions of the
SVMC as identified in Table 17.80-2 and other additional information required by the department.
C. Land use and development applications shall be signed by the owner(s) of the property.
D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties.
17.80.060 Final decision authority.
The final decision for application type shall be made by:
A. Type I — the department.
B. Type II — the department.
C. Type III — the hearing examiner.
D. Type IV — the city council preceded by a recommendation by the planning commission.
17.80.070 Required application procedures.
The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific
procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150.
Table 17.80-2 — Permit Type and Land Use Application
Pre -application Counter -complete Full Lomplete Notice of Notice ofublic Final decision
Application Type conference determination determination application pand notice
17.80.080 17.80.090 17.80.100 1 17.80.110 1 hearing 17.80.120 17.80.130
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Pre -application
Counter -complete
Fadl"Lomplete
Notice of
Notice ofublic
p
Final decision
Application Type
conference
determination
determination
application
nearing 17.80.120
and notice
17.80.080
17.80.090
17.80.100
17.80.110
17.80.130
I
O
X
X
N/A
N/A
X
*II
**O
X
X
X
N/A
X
III
X
X
X
X
X
X
X Required O Optional N/A Not Applicable
*Does not apply to SEPA thresbold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements.
**Except for short subdivisions and binding site plans which require a pre -application meeting.
17.80.080 Preapplication conference.
A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed
development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the
applicant with the applicable requirements of the SVMC and other laws, and to identify issues and concerns in
advance of a formal application.
B. Preapplication. Type II and III applicants shall schedule a preapplication conference and provide information
requested in advance of the meeting.
C. Preapplication Waivers. The city manager or designee may waive the preapplication conference if determined
that the proposal has few development -related issues, involves subsequent phases of an approved development, or is
substantially similar to a prior proposal affecting substantially the same property.
17.80.090 Counter -complete determination.
A. Determination and Application Content. Prior to accepting an application, the department shall determine
whether the application is counter -complete. A counter -complete application shall contain all information requested
in the applicable form. Review for counter -complete status does not include an evaluation of the substantive
adequacy of the information in the application.
B. Incomplete Application. If the department determines that the application is not counter -complete, the application
shall be rejected and the applicant advised of the information needed to complete the application.
C. Counter -Complete Application. Counter -complete applications shall be accepted for review for Cully -complete
determination.
17.80.100 F441y-eComplete determination.
A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar
days, provide a written determination deli• efed by mail of in _e_,e_ to the applicant that the application is fu43`
complete, or that the application is if -incomplete and that the procedural submission requirements have not been
met. I£ incomplete, Tthe determination shall outline ; a4FA-af what is required to make the application complete._
The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the
application to the extent known by the City shall be provided to the applicant. An application shall be deemed
complete on the 29th day after receiving a project permit application if the City does not provide a written
determination to the applicant that the aDDlication is incomplete. The number of days shall be calculated by
counting every calendar da
B. The City shall notify the applicant whether an application is Cully -complete or what additional information is
necessary within 14 calendar days after the applicant has submitted any additional information identified by the City
as necessary for a complete application.
C. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days, the
department shall:
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1. Reject and return the application;
Page 6/17
2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the
f''a�complete review process without additional fees; provided, that the required information is provided by a
date specified by the department; or
3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the
return of up to 80 percent of the fees submitted.
D. c"'�ly-complete Application. A project permit application is complete for purposes of this section, SVMC
17.80.100, when it meets the procedural submission requirements as outlined on the project permit application.
Once the department determines that an application is fu11y-complete, the department shall, within 14 calendar days,
issue a notice of application pursuant to SVMC 17.80.110.
E. Request for Additional Information. A fiAly-complete determination shall not preclude the City from requesting
additional information, studies, or changes to submitted information or plans if new information is required, or
substantial changes to the proposal occur.
F. Revocation. An application's F.l�omplete status may be revoked if the department determines that the
applicant intentionally submitted false information. In the event an applicant's F.l�omplete status is revoked, the
applicant shall lose any rights granted pursuant to SVMC 17.80.170.
17.80.110 Notice of application.
A. Contents. The department shall issue a notice of application within 14 calendar days after an application is
determined filly -complete.
1. All notices of applications shall include the following:
a. The case file number(s), the date of application, and the date a F.l�omplete application was filed;
b. A description of the proposed project and a list of project permits included with the application, as well
as the identification of other permits not included in the application, to the extent known to the City;
c. The proposed SEPA threshold determination, if applicable;
d. The identification of any existing environmental documents that may be used to evaluate the proposed
project;
e. Statement of the public comment period. A statement that the public has the right to comment on the
application, receive notice of the decision, and request a copy of the decision once made, and a statement
of any appeal rights;
f. The name of the applicant or applicant's authorized representative and the name, address, and telephone
number of a contact person for the applicant, if any;
g. A description of the site, including current zoning and nearest road intersections, sufficient to inform the
reader of its location and zoning;
h. A map showing the subject property in relation to other properties or a reduced copy of the site plan;
i. The date, place, and times where information about the application may be examined and the name and
telephone number of the City representative to contact about the application; and
j. Any additional information determined appropriate by the department.
2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type II notice of application shall state:
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a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in
the denial of the application;
b. That all evidence relied upon by the department to make the decision shall be contained within the
record and is available for public review, and that copies can be obtained at a reasonable cost from the
department;
c. That, after the comment period closes, the department shall issue a Type II notice of decision.
3. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type III application shall state:
a. That a staff report shall be available for inspection at least seven calendar days before the public
hearing, and written comments may be submitted at any time prior to the closing of the record for the
public hearing.
B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or
neighborhood newspaper or trade journal and sent to the following persons by regular mail:
1. The applicant;
2. All adjacent property owners of record as shown on the most recent property tax assessment roll;
3. Any governmental agency entitled to notice; and
4. Any person filing a written request for a copy of the notice of application.
C. Type I Exception. A notice of application is not required for Type I applications.
D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for
Type III applications after the date the notice of application is mailed and posted on the subject property, for
individuals to submit comments. Within seven calendar days after the close of the public comment period, the
department shall mail to the applicant a copy of written public comments, including email communications timely
received in response to the notice of application, together with a statement that the applicant may either submit a
written response to these comments within 14 calendar days from the date the comments are mailed or waive the
response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be
provided to the department in writing. The department, in making its decision on the application, shall consider
written comments timely received in response to the notice of application and timely written responses to those
comments, including email communications, submitted by the applicant.
17.80.120 Notice of public hearing.
A public hearing is required for Type III applications. Unless otherwise indicated, public hearings under Title 17
SVMC shall be conducted by the hearing examiner pursuant to Appendix B.
A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information:
1. The application and/or project number;
2. Project summary/description of each project permit application;
3. The designation of the hearing body;
4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance
with the rules of procedure adopted by the hearing body;
5. General project location, vicinity, address, and parcel number(s), if applicable;
6. The name of the applicant or applicant's authorized representative and the name, address, and telephone
number of a contact person for the applicant, if any;
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7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any
appropriate statement regarding any shared or divided lead agency status and phased review and stating the end
of any final comment period;
8. A statement regarding the appeal process; and
9. The date when the staff report will be available and the place and times where it can be reviewed.
B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed, posted, and published at
least 15 calendar days prior to the hearing date and shall be distributed as follows:
1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any
portion of the property abutting the subject property is owned, controlled, or under the option of the project
property owner, then all property owners within a 400-foot radius of the total ownership interest shall be
notified by first class mail. Property owners are those shown on the most recent Spokane County
assessor's/treasurer's database as obtained by the title company no more than 30 calendar days prior to the
scheduled public hearing. In addition, notice shall be sent to the following:
a. Agencies with jurisdiction (SEPA);
b. Municipal corporations or organizations with which the City has executed an interlocal agreement; and
c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed
action or who requested such notice in writing. Examples of considerations for determining when to
provide notice to other persons who may be affected include, but are not limited to, circumstances such as
large neighboring properties which limit the number of properties receiving notice within the 400-foot
radius, known or likely public interest in the project due to the size of the project or likely substantial
adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to
send public notice to other persons beyond the 400-foot radius shall not be considered inadequate public
notice.
2. Notice by Sign. A sign a minimum of 16 square feet (four feet in width by four feet in height) in area shall be
posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The
sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and
reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows:
a. A minimum of two-inch border on the top, sides, and bottom of the sign;
b. The first line in four -inch letters shall read "Notice of Public Hearing';
c. Spacing between all lines shall be a minimum of one inch; and
d. The text of the sign shall include the following information in a minimum of one -inch letters:
i. Proposal;
ii. Applicant;
iii. File number;
iv. Hearing (date and time);
v. Location; and
vi. Review authority.
3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade
journal.
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C. Hearing Procedures. All required hearings shall be conducted by the hearing examiner pursuant to Appendix B.
D. Scheduling of Hearings.
1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the
dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to
RCW 36.70B.110.
2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the
beginning of the day's agenda.
3. The hearing examiner may consolidate applications involving the same or related properties for hearing.
E. Staff Reports.
1. The department shall coordinate and assemble the comments and recommendations of other City
departments and commenting agencies, and shall make a written staff report to the hearing examiner on all
applications subject to a public hearing.
2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed
with the office of the hearing examiner and mailed by first class mail or provided to the applicant. At such time,
the department shall also make the report available for public inspection. Upon request, the department shall
provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing.
3. If the staff report is not timely filed or furnished, the hearing examiner may at his/her discretion continue the
hearing, considering the prejudice to any party and the circumstances of the case.
4. The hearing examiner may make recommendations to the department on the format and content of staff
reports submitted to the hearing examiner.
F. Site Inspections.
1. The hearing examiner may make site inspections, which may occur at any time before the hearing examiner
renders a final decision. The hearing examiner need not give notice of the intention to make an inspection,
unless the site inspection will require the hearing examiner to enter the property, in which case the hearing
examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process
and the hearing examiner will not engage in substantive discussions with the owner/applicant.
2. The inspection and the information obtained from it shall not be construed as new evidence or evidence
outside the record. If an inspection reveals new and unanticipated information, the hearing examiner may, upon
notice to all parties of record, request a written response to such information or reopen the hearing and/or
record to consider the information.
17.80.130 Final decision.
A. Timeline to Make Final Decision — Type 1. The department shall approve, approve with conditions, or deny a
Type I application within 60 calendar days after the date the application was accepted as fa11y-complete, unless
accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or
materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to
extend the time in which the department shall issue a decision. The department's decision shall address all of the
relevant approval criteria applicable to the development application.
B. Timeline to Make Final Decision — Type 11 and III. The final decision on a Type II and III application shall be
made not more than 120 calendar days (90 calendar days for subdivisions) after the date a fally complete
determination is made.
C. This period shall not include:
CTA-2024-0001 - Draft
Chapter 17.80 PERMIT PROCESSING PROCEDURES
Page 10/17
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City,
including but not limited to the preparation of an environmental impact statement;
23. Time between submittal and resolution of an appeal; of
34. Any extension of time mutually agreed upon by the applicant and the City in writing;,
4. Any time period excluded pursuant to chapter 36.7013 RCW.
D. The time periods for the City to process a permit shall start over if an applicant proposes a change in use that
adds or removes commercial or residential elements from the original application that would make the application
fail to meet the determination of procedural completeness for the new use.
E. If, at any time, an applicant informs the City, in writing, 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 consecutive days
after the City has notified the applicant, in writing, that additional information is required to further process the
application, an additional 30 days may be added to the time periods for issuing a final decision. Any written notice
from the City to the applicant that additional information is required to further process the application must include a
notice that nomesponsiveness for 60 consecutive daffy result in 30 daysg added to the time for review.
For the puUose of this subsection, "nomesponsiveness" means that an applicant is not making demonstrable
progress on providing additional requested information to the City, or that there is no ongoing communication from
the applicant to the City on the applicant's ability or willingness ss to provide the additional information.
FQ The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G).
GB. Contents of Final Decision. The final decision on Type II and III applications shall contain the following
information:
1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's
proposal and of the decision;
2. The address or other geographic description of the subject property, including a map of the site in relation to
the surrounding area, where applicable;
3. The date the decision shall become final, unless appealed;
4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the
decision;
5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an
appeal, and where further information can be obtained concerning the appeal;
6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of
approval, if any, is available for review. The notice of final decision shall list the place, days, and times where
the case file is available and the name and telephone number of the City representative to contact about
reviewing the case file;
7. A statement of the facts demonstrating how the application does or does not comply with applicable approval
criteria;
8. A statement of the basis of decision pursuant to the SVMC and other applicable law;
9. The reasons for a conclusion to approve, approve with conditions, or deny the application;
10. The decision to approve or deny the application and, if approved, conditions of approval necessary to
ensure the proposed development will comply with applicable law; and
CTA-2024-0001 - Draft Page 11/17
Chapter 17.80 PERMIT PROCESSING PROCEDURES
11. The date the final decision is mailed.
EH. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following:
1. The applicant;
2. Any governmental agency entitled to notice;
3. Any person filing a written request for a copy of the notice of application or the final decision; and
4. Any person who testified at the hearing or who provided substantive written comments on the application
during the public comment period and provided a mailing address.
1. Where a final decision is made after the applicable timelines in SVMC 17.80.130, a portion of the permit fee
maybe refunded pursuant to RCW 36.7013.0800)(1).
17.80.140 Type IV applications — Comprehensive Plan amendments, development agreements associated
with a Comprehensive Plan amendment, and area -wide rezones.
A. Initiation. Comprehensive Plan amendments and area -wide rezones may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. Applicant Initiated. Comprehensive Plan amendments and area -wide rezones shall be subject to a
preapplication conference, counter -complete, and filly -complete determinations pursuant to SVMC 17.80.080,
17.80.090, and 17.80.100. The date upon At4y-complete determination shall be the date of registration with the
department.
2. Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed
on the register.
D. Register of Comprehensive Plan Amendments and Area -Wide Rezones. The department shall establish and
maintain a register of all applications.
E. Concurrent and Annual Review of Register.
1. Sixty calendar days prior to November 1 st in each calendar year, the City shall notify the public that the
amendment process has begun. Notice shall be distributed as follows:
a. Notice published in an appropriate regional or neighborhood newspaper or trade journal;
b. Notice posted on all of the City's official public notice boards; and
c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest.
2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent
with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before
November 1st of the current calendar year shall be included in the annual review. Those registered after
November 1st of the calendar year shall be placed on the register for review at the following annual review.
3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council
determines that an emergency exists or in other circumstances as provided for by RCW 36.70A. I 30(2)(a).
CTA-2024-0001 - Draft
Chapter 17.80 PERMIT PROCESSING PROCEDURES
Page 12/17
F. Notice of Public Hearing. Comprehensive Plan amendments and area -wide rezones require a public hearing
before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly
affected or changed by the proposal;
d. The date, time, and place of the public hearing;
e. A statement of the availability of the official file; and
f. A statement of the right of any person to submit written comments to the planning commission and to
appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice pursuant to SVMC 17.80.120(B).
G. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission
shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for
all applications to the city council. The planning commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote,
recommend that the city council adopt the proposal. The planning commission may make modifications to any
proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial,
the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote,
recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or (2),
the proposal will be sent to the city council with the notation that the planning commission makes no
recommendation.
H. Approval Criteria.
1. The City may only approve Comprehensive Plan amendments and area -wide zoning map amendments if it
finds that:
a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and
protection of the environment;
b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the
portion of the City's adopted plan not affected by the amendment;
c. The proposed amendment responds to a substantial change in conditions beyond the property owner's
control applicable to the area within which the subject property lies;
d. The proposed amendment corrects an obvious mapping error; or
e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan.
2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments:
a. The effect upon the physical environment;
CTA-2024-0001 - Draft Page 13/17
Chapter 17.80 PERMIT PROCESSING PROCEDURES
b. The effect on open space, streams, rivers, and lakes;
c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods;
d. The adequacy of and impact on community facilities including utilities, roads, public transportation,
parks, recreation, and schools;
e. The benefit to the neighborhood, city, and region;
f. The quantity and location of land planned for the proposed land use type and density and the demand for
such land;
g. The current and projected population density in the area; and
h. The effect upon other aspects of the Comprehensive Plan.
I. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and
recommendations, the city council shall consider the findings and recommendations of the planning commission
concerning the application and may hold a public hearing pursuant to city council rules. The department shall
distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the
Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If the modification is substantial, the city council shall either conduct a public
hearing on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC
17.80.140(I)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no
further action shall be required by the city council, although the city council may take such other action as it deems
appropriate.
J. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city
council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the
amendments in order to initiate the 60-day comment period. No later than 10 calendar days after adoption of the
proposal, a copy of the final decision shall be forwarded to Commerce.
17.80.150 Type IV applications — Text amendments to SVMC Titles 17 through 24.
A. Initiation. Text amendments to SVMC Titles 17 through 24 may be initiated by any of the following:
1. Property owner(s) or their representatives;
2. Any citizen, agency, neighborhood association, or other party; or
3. The department, planning commission, or city council.
B. Applications. Applications shall be made on forms provided by the City.
C. Application Submittal.
1. After submittal of an applicant -initiated application, the application shall be subject to a preapplication
conference, counter -complete determination, and omplete determination pursuant to SVMC 17.80.080,
17.80.090, and 17.80.100.
2. After submittal, the application shall be placed on the next available planning commission agenda.
CTA-2024-0001 - Draft Page 14/17
Chapter 17.80 PERMIT PROCESSING PROCEDURES
D. Notice of Public Hearing. Amendments require a public hearing before the planning commission.
1. Contents of Notice. A notice of public hearing shall include the following:
a. The citation, if any, of the provision that would be changed by the proposal along with a brief
description of that provision;
b. A statement of how the proposal would change the affected provision;
c. The date, time, and place of the public hearing;
d. A statement of the availability of the official file; and
e. A statement of the right of any person to submit written comments to the planning commission and to
appear at the public hearing of the planning commission to give oral comments on the proposal.
2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and
the main branch of the library.
E. Planning Commission Recommendation — Procedure. Following the public hearing, the planning commission
shall consider the proposal and shall prepare and forward a recommendation to the city council. The planning
commission shall take one of the following actions:
1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote,
recommend that the city council adopt the proposal. The planning commission may make modifications to any
proposal prior to recommending the proposal to the city council for adoption. If the modification is substantial,
the planning commission must conduct a public hearing on the modified proposal;
2. If the planning commission determines that the proposal should not be adopted, it may, by a majority vote,
recommend that the city council not adopt the proposal; or
3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or (2),
the proposal shall be sent to the city council with the notation that the planning commission makes no
recommendation.
F. Approval Criteria. The City may approve amendments to the SVMC if it finds that:
1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and
2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the
environment.
G. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and
recommendations, the city council shall consider the findings and recommendations of the planning commission
concerning the application and may hold a public hearing pursuant to city council rules. The department shall
distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city
council shall:
1. Approve the application;
2. Disapprove the application;
3. Modify the application. If modification is substantial, the city council must either conduct a public hearing
on the modified proposal; or
4. Refer the proposal back to the planning commission for further consideration.
CTA-2024-0001 - Draft Page 15/17
Chapter 17.80 PERMIT PROCESSING PROCEDURES
In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC
17.80.150(G)(1) through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no
further action shall be required by the city council, although the city council may take such other action as it deems
appropriate.
H. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city
council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period
No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to
Commerce.
17.80.160 Optional consolidated review process.
A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary
land use, engineering, and environmental permits issued by the City if requested in writing from the applicant.
Permit decisions of other agencies are not included in this process, but public meetings and hearings for other
agencies may be coordinated with those of the city. Where multiple approvals are required for a single project, the
optional consolidated review process is composed of the following:
1. Preapplication Meeting. A single preapplication meeting will be conducted for all applications submitted
under the optional consolidated review process.
2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated
determination of completeness will be made pursuant to SVMC 17.80.100.
3. Notice of Application. When a consolidated application is deemed complete, a consolidated notice of
application will be issued pursuant to the provisions of SVMC 17.80.110.
4. Comment Period. The consolidated application shall provide for one comment period for all permits included
in the consolidated application.
5. The City shall issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any
companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be
heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as
the companion Type III application.
6. Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit
applications. The notice shall include the Type III permit to be heard and any open record appeals of
administrative portions of the consolidated application.
7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and
Type II appeals and all Type III project permit applications subject to a public hearing.
17.80.170 Vesting of applications.
A. Purpose. The purpose of SVMC 17.80.170 is to implement local vesting regulations that are best suited to the
needs of the City and consistent with state law.
B. Vested Rights. Except for rezones, an application for a land use or development application type set forth in
Table 17.80-1 shall be considered under the development regulations in effect on the date a fall} -complete
application is Sled, pursuant to SVMC 17.80.100.1
C. Vested Rights for Subsequent Building Permits or Land Disturbing Activity Permits. Building permit or land
disturbing activity permit applications that are filed subsequent to and related to a prior development permit or
application of the types listed in SVMC 17.80.170(C)(1) through (14) shall be considered under the development
regulations in effect at the time a complete application listed in SVMC 17.80.170(C)(1) through (14) is filed
pursuant to SVMC 17.80.100.
1. Accessory dwelling unit;
2. Boundary line adjustment or elimination;
CTA-2024-0001 - Draft
Chapter 17.80 PERMIT PROCESSING PROCEDURES
3. Floodplain development;
4. Site plan;
5. Binding site plan;
6. Shoreline substantial development permit;
7. Shoreline conditional use permit;
8. Shoreline nonconforming use or structure review;
9. Shoreline variance;
10. Shoreline letter of exemption;
11. Short subdivision;
12. Conditional use permit; and
13. Subdivision.
Page 16/17
However, an applicant filing a complete application for any subsequent building permit or land -disturbing activity
permit application shall only have such rights as described herein if it is submitted prior to the expiration date of the
permit(s) or approval(s) applied for in the application types listed in SVMC 17.80.170(C)(1) through (14).
D. Development Regulations. For the purpose of SVMC 17.80.170, "development regulation'' means those
provisions of SVMC Titles 17 through 24 that exercise a restraining or directing influence over land, including
provisions that control or affect the type, degree, or physical attributes of land development or use. For purposes of
SVMC 17.80.170, "development regulation" does not include fees or procedural regulations.
E. Applicability of Current Building Code. A complete building permit application shall always be subject to that
version of SVMC Title 24 in effect at the time the building permit application is submitted.
F. Rezones Not Acquiring Vested Rights. Notwithstanding any other provision in SVMC 17.80.170, any application
dependent on approval of a rezone application shall not acquire vested rights to any particular development
regulations until the underlying rezone is approved. At that time, the application dependent on approval of a rezone
shall be considered under the development regulations in effect at the time the underlying rezone is approved.
G. Waiver of Vested Rights. At any time during the processing of an application, an applicant may voluntarily opt to
have all applications for a project be governed by development regulations in effect on a date later than the date
provided pursuant to SVMC 17.80.170(B) through (F). The applicant may exercise that option by delivering a
written and signed waiver to the department stating that the property owner agrees:
1. To waive all rights provided pursuant to SVMC 17.80.170(B) through (F) and any related vested rights claim
they may have with the application;
2. To have all applications for the project be governed by all development regulations in effect on the date of
delivery of the waiver, subject to the limitations set forth in SVMC 17.80.170(B) through (F);
3. That any change or modification to the project required or desired pursuant to new development regulations
may result in a new determination of whether the application is still A4y-complete based upon the changes. In
the event the application or project is changed such that it is no longer filly -complete, the applicant shall
provide such information as is required to render the modified application A''�omplete and the applicant
shall agree to reset the time period for permit review and processing to the date the modified application is
determined to be€illy-complete; and
CTA-2024-0001 - Draft
Chapter 17.80 PERMIT PROCESSING PROCEDURES
Page 17/17
4. That any change or modification to the project may require additional review and processing, revised public
notice, and additional public hearings as required pursuant to Chapter 17.80 SVMC.
In the event an applicant delivers a written and signed waiver meeting the requirements of SVMC 17.80.170(G)(1)
through (4), the application shall be considered under the development regulations in effect on the date of delivery
of the waiver or, if necessary, the new date a modified application is determined AAI).-complete, and any other
subsequent building permit or land disturbing activity permit applications subject to SVMC 17.80.170(C) shall be
considered under the development regulations in effect on the date of delivery of the waiver, or if necessary, the new
date a modified application is determinedPally-complete.
CTAm2024m001 on
Ch. 17.80 SVMC -Permit
Processing Procedures
Martin Palaniuk, Associate Planner
October 10, 2024
Spokane
Ualley
Pre -Application Mceting
I�q�l
Formal Application Submittal
Notice of Application scat to adjacent prop"
COMPLETE cw & sta fpublishcs in newspaper
Camplcur.. (30 day comment period)
Determination
INCOMPLETE
Applicant rotificd Complete Staff and Agencies review applicatiom
ofan inrnmplme SEPA checklist and associated sNdia
application.
lacamplctc Staff seeds all rnmments to
owmmhppbcam for 19 day review
Rcaubminal
SEPA Decisiost n (Paand Publish with a 14
calrndar day commrnt & appd period)
sst,Ihepon
Public �� issued! '/wlemdar
Hearingk days bcfom Notice of Public Hearing srnt to property owners within 400 feet, Icgal iatice
hormg published in newspaper &site posted (IS calrndar days before hearing)
Hearing Examiner issues decizion All conditions ejftdiwiney Subdivision approzvfshatfbr metpriw
(19 calrndar day appeal period) m Final Subdfvidun appilcadan.
1 Demalirian Saban' Grading Permu(rood
rm Peit and drainage design, wnw,,
sewrraad a ibty i tvallation)
Final Plat Application submittal f
(Accmge ip calendar dac pracosl - -ROwoboon bcd -
1 rm
. .ARmber Permit
' ro.do,.
Staffand Agencies c.
review application
�. Recording to e...
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FDIALDECISION
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1
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 97 Nays 0
DEHW HECK
President of the Senate
Passed by the House April 10, 2023
Yeas 98 Nays 0
LAURIE JINKINS
Speaker of the Bouse of
Representatives
Approved May 8, 2023 1:17 PH
JAY INSLEE
Governor of the State of Washington
CERIIFICATE
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
FILED
May 10, 2023
Secretary of State
State of Washington
Overview
of the changes
required
1. Clarify
what constitutes a
complete
application and the
determination requirements.
2. Clarify what time periods are not to be counted within the
decision timeline and when time can be added to the decision
timeline.
3. Add a reference allowing the applicant to request a refund of
a portion of the permit fees if the permit time periods are not
met.
4. Housekeeping items that clarify a requirement but make no
substantive change.
General Permit Process Overview
28 days 14 days 14 / 30 days 15 days
--------------------------
f
Counter Complete Notice of Review Notice of Public ; Hearin Decision
Complete ompApplication Period Hearing g
--------------
120 calendar days / 90 calendar days
•
13111 C
17.80.100 Fmlb�eComplete determination.
A. Determination. Once a counter -complete application has been accepted, the department shall, within 28 calendar
days, provide a written determination deLivered by mail or in pers o the applicant that the application is fully -
complete, or that the application is if -incomplete and that the procedural submission requirements have not been
met. If, incomplete, Tthe determination shall outline —,ekst--of what is required to make the application complete._
Upen receipt of the Fequested material, the department shaI4 conduct aplether review and fespend as set forffi above,
The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the
application to the extent known by the City shall be provided to the applicant. An application shall be deemed
Complete on the 29th day after receiving a project permit application if the City does not provide a written
determination to the applicant that the application is incomplete. The number of days shall be calculated bi+
counting every calendar dater.
Complete
(vested / CLOCK STARTS)
Proposed Text Changes
• Determination of Completeness — procedurally
complete
Counter Complete Notice of Application » Review Period Noticeof Public Hearing Decision
•
1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City,
including but not limited to the preparation of an environmental impact statement;
23. Time between submittal and resolution of an appeal; er
34. Any extension of time mutually agreed upon by the applicant and the City in writing,_
4. Any time period excluded pursuant to chapter 36.70B RCW.
Complete Notice of Public
Notice of Application Review Period Hearing M
Proposed Text Changes
• Final Decision Timeline — decision timeline restart
Counter Complete Complete Notice of Review Period Notice of Public r Hearing
(vested / clock starts) Application Hearing
Decision Timeline — decision timeline cle
E. M at any time, an applicant informs the City, in writing, 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 consecutive days
after the City has notified the applicant, in writing, that additional information is required to further process the
application, an additional 30 days may be added to the time periods for issuing a final decision. Any written notice
from the City to the applicant that additional information is required to further process the application must include a
notice that nom-eMonsiveness for 60 consecutive days may result in 30 days being added to the time for review.
For the purpose of this subsection, "nonresponsiveness" means that an applicant is not making demonstrable
progress on providing additional requested information to the City, or that there is no ongoing communication from
the applicant to the City on the applicant's ability or willingness to provide the additional information.
CompleteNotice of Notice of Public I I ��®
Application Review Period Hearing Hearing
Proposed Text Changes
• Final Decision Timeline — refund when decision
timeline not met by City
Complete Notice of Notice of Public
Counter Complete Application Review Period Hearin Hearing 1
(vested /clock starts) Pp � 9
Proposed Text Changes
• Housekeeping — "fully complete" changed to
"complete" throughout the chapter
• Other non -substantive clarifying text changes
Example
(14mr I.,
i 4w
DIIFSTIC
I" ---
PEW
[a)0l 4008:0C AN0to]411W01 Mal INN amahhYY
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
Approved May 8, 2023 1:17 PM
JAY INSLEE
Governor of the State of Washington
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
FILED
May 10, 2023
Secretary of State
State of Washington
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, Saldana, and C. Wilson; by request
of Office of the Governor)
READ FIRST TIME 02/24/23.
1 AN ACT Relating to consolidating local permit review processes;
2 amending RCW 36.70B.140, 36.70B.020, 36.70B.070, 36.70B.080, and
3 36.70B.160; reenacting and amending RCW 36.70B.110; adding new
4 sections to chapter 36.70B RCW; creating new sections; and providing
5 an effective date.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 Sec. 1. RCW 36.70B.140 and 1995 c 347 s 418 are each amended to
8 read as follows:
9 (1) A local government by ordinance or resolution may exclude the
10 following project permits from the provisions of RCW 36.70B.060
11 through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark
12 designations, street vacations, or other approvals relating to the
13 use of public areas or facilities, or other project permits, whether
14 administrative or quasi-judicial, that the local government by
15 ordinance or resolution has determined present special circumstances
16 that warrant a review process or time periods for approval which are
17 different from that provided in RCW 36.70B.060 through 36.70B.090 and
18 36.70B.110 through 36.70B.130.
19 (2) A local government by ordinance or resolution also may
20 exclude the following project permits from the provisions of RCW
21 36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary
P. 1 2SSB 5290.SL
1 adjustments and building and other construction permits, or similar
2
administrative approvals, categorically exempt
from environmental
3
review under chapter 43.21C RCW, or for which
environmental review
4
has been completed in connection with other project
permits.
5
(3) A local government must exclude project
permits for interior
6
alterations from site plan review, provided
that the interior
7
alterations do not result in the following:
8
(a) Additional sleeping Quarters or bedrooms;
9
(b) Nonconformity with federal emergency
management agency
10
substantial improvement thresholds; or
11
(c) Increase the total square footage or
valuation of the
12
structure thereby requiring upgraded fire access
or fire suppression
13
systems.
14
(4) Nothing in this section exempts interior alterations from
15
otherwise applicable building, plumbing, mechanical, or electrical
16
codes.
17
(5) For purposes of this section, "interior
alterations" include
18
construction activities that do not modify the
existing site layout
19
or its current use and involve no exterior
work adding to the
20
building footprint.
21 NEW SECTION. Sec. 2. A new section is added to chapter 36.70B
22 RCW to read as follows:
23 (1) Subject to the availability of funds appropriated for this
24 specific purpose, the department of commerce must establish a
25 consolidated permit review grant program. The department may award
26 grants to any local government that provides, by ordinance,
27 resolution, or other action, a commitment to the following building
28 permit review consolidation requirements:
29 (a) Issuing final decisions on residential permit applications
30 within 45 business days or 90 calendar days.
31 (i) To achieve permit review within the stated time periods, a
32 local government must provide consolidated review for building permit
33 applications. This may include an initial technical peer review of
34 the application for conformity with the requirements of RCW
35 36.70B.070 by all departments, divisions, and sections of the local
36 government with jurisdiction over the project.
37 (ii) A local government may contract with a third -party business
38 to conduct the consolidated permit review or as additional inspection
p. 2 2SSB 5290.SL
1 staff. Any funds expended for such a contract may be eligible for
2 reimbursement under this act.
3 (iii) Local governments are authorized to use grant funds to
4 contract outside assistance to audit their development regulations to
5 identify and correct barriers to housing development.
6 (b) Establishing an application fee structure that would allow
7 the jurisdiction to continue providing consolidated permit review
8 within 45 business days or 90 calendar days.
9 (i) A local government may consult with local building
10 associations to develop a reasonable fee system.
11 (ii) A local government must determine, no later than July 1,
12 2024, the specific fee structure needed to provide permit review
13 within the time periods specified in this subsection (1)(b).
14 (2) A jurisdiction that is awarded a grant under this section
15 must provide a quarterly report to the department of commerce. The
16 report must include the average and maximum time for permit review
17 during the jurisdiction's participation in the grant program.
18 (3) If a jurisdiction is unable to successfully meet the terms
19 and conditions of the grant, the jurisdiction must enter a 90-day
20 probationary period. If the jurisdiction is not able to meet the
21 requirements of this section by the end of the probationary period,
22 the jurisdiction is no longer eligible to receive grants under this
23 section.
24 (4) For the purposes of this section, "residential permit" means
25 a permit issued by a city or county that satisfies the conditions of
26 RCW 19.27.015(5) and is within the scope of the international
27 residential code, as adopted in accordance with chapter 19.27 RCW.
28 NEW SECTION. Sec. 3. A new section is added to chapter 36.70B
29 RCW to read as follows:
30 (1) Subject to the availability of funds appropriated for this
31 specific purpose, the department of commerce must establish a grant
32 program for local governments to update their permit review process
33 from paper filing systems to software systems capable of processing
34 digital permit applications, virtual inspections, electronic review,
35 and with capacity for video storage.
36 (2) The department of commerce may only provide a grant under
37 this section to a city if the city allows for the development of at
38 least two units per lot on all lots zoned predominantly for
39 residential use within its jurisdiction.
p. 3 2SSB 5290.SL
1 NEW SECTION. Sec. 4. A new section is added to chapter 36.70B
2 RCW to read as follows:
3 (1) Subject to the availability of amounts appropriated for this
4 specific purpose, the department of commerce must convene a digital
5 permitting process work group to examine potential license and
6 permitting software for local governments to encourage streamlined
7 and efficient permit review.
8 (2) The department of commerce, in consultation with the
9 association of Washington cities and Washington state association of
10 counties, shall appoint members to the work group representing groups
11 including but not limited to:
12 (a) Cities and counties;
13 (b) Building industries; and
14 (c) Building officials.
15 (3) The department of commerce must convene the first meeting of
16 the work group by August 1, 2023. The department must submit a final
17 report to the governor and the appropriate committees of the
18 legislature by August 1, 2024. The final report must:
19 (a) Evaluate the existing need for digital permitting systems,
20 including impacts on existing digital permitting systems that are
21 already in place;
22 (b) Review barriers preventing local jurisdictions from accessing
23 or adopting digital permitting systems;
24 (c) Evaluate the benefits and costs associated with a statewide
25 permitting software system; and
26 (d) Provide budgetary, administrative policy, and legislative
27 recommendations to increase the adoption of or establish a statewide
28 system of digital permit review.
29 Sec. 5. RCW 36.70B.020 and 1995 c 347 s 402 are each amended to
30 read as follows:
31 Unless the context clearly requires otherwise, the definitions in
32 this section apply throughout this chapter.
33 (1) "Closed record appeal" means an administrative appeal on the
34 record to a local government body or officer, including the
35 legislative body, following an open record hearing on a project
36 permit application when the appeal is on the record with no or
37 limited new evidence or information allowed to be submitted and only
38 appeal argument allowed.
39 (2) "Local government" means a county, city, or town.
p. 4 2SSB 5290.SL
1 (3) "Open record hearing" means a hearing, conducted by a single
2 hearing body or officer authorized by the local government to conduct
3 such hearings, that creates the local government's record through
4 testimony and submission of evidence and information, under
5 procedures prescribed by the local government by ordinance or
6 resolution. An open record hearing may be held prior to a local
7 government's decision on a project permit to be known as an "open
8 record predecision hearing." An open record hearing may be held on an
9 appeal, to be known as an "open record appeal hearing," if no open
10 record predecision hearing has been held on the project permit.
11 (4) "Project permit" or "project permit application" means any
12 land use or environmental permit or license required from a local
13 government for a project action, including but not limited to
14 ((building permits,)) subdivisions, binding site plans, planned unit
15 developments, conditional uses, shoreline substantial development
16 permits, site plan review, permits or approvals required by critical
17 area ordinances, site -specific rezones ((
18 eemprehensi tan er sixbare ) ) which do not require a
19 comprehensive plan amendment, but excluding the adoption or amendment
20 of a comprehensive plan, subarea plan, or development regulations
21 except as otherwise specifically included in this subsection.
22 (5) "Public meeting" means an informal meeting, hearing,
23 workshop, or other public gathering of people to obtain comments from
24 the public or other agencies on a proposed project permit prior to
25 the local government's decision. A public meeting may include, but is
26 not limited to, a design review or architectural control board
27 meeting, a special review district or community council meeting, or a
28 scoping meeting on a draft environmental impact statement. A public
29 meeting does not include an open record hearing. The proceedings at a
30 public meeting may be recorded and a report or recommendation may be
31 included in the local government's project permit application file.
32 Sec. 6. RCW 36.70B.070 and 1995 c 347 s 408 are each amended to
33 read as follows:
34 (1)(a) Within ( (twenty eight) ) 28 days after receiving a project
35 permit application, a local government planning pursuant to RCW
36 36.70A.040 shall ((mail er)) provide ((in persen)) a written
37 determination to the applicant(( ng))_
38 (b) The written determination must state either:
39 ((4a})) S2 That the application is complete; or
p. 5 2SSB 5290.SL
1 (({b})) ii That the application is incomplete and that the
2 procedural submission requirements of the local government have not
3 been met. The determination shall outline what is necessary to make
4 the application procedurally complete.
5 (c) The number of days shall be calculated by counting every
6 calendar day.
7 (d) To the extent known by the local government, the local
8 government shall identify other agencies of local, state, or federal
9 governments that may have jurisdiction over some aspect of the
10 application.
11 (2) A project permit application is complete for purposes of this
12 section when it meets the procedural submission requirements of the
13 local government ((and is sid€€ieient ter eentin_ ed lareeessing
14
15 mebiieatiens may be undertaken =i_b ,i_ _nt'_1)) , as outlined on the
16 project permit application. Additional information or studies may be
17 required or project modifications may be undertaken subsequent to the
18 procedural review of the application by the local government. The
19 determination of completeness shall not preclude the local government
20 from requesting additional information or studies either at the time
21 of the notice of completeness or subsequently if new information is
22 required or substantial changes in the proposed action occur.
23 However, if the procedural submission requirements, as outlined on
24 the project permit application have been provided, the need for
25 additional information or studies may not preclude a completeness
26 determination.
27 (3) The determination of completeness may include or be combined
28 with the following ((as ap tienal inferf atien)) :
29 (a) A preliminary determination of those development regulations
30 that will be used for project mitigation;
31 (b) A preliminary determination of consistency, as provided under
32 RCW 36.70B.040; ((er-))
33 (c) Other information the local government chooses to include; or
34 (d) The notice of application pursuant to the requirements in RCW
35 36.70B.110.
36 (4)(a) An application shall be deemed procedurally complete on
37 the 29th day after receiving a project permit application under this
38 section if the local government does not provide a written
39 determination to the applicant that the application is procedurally
40 incomplete as provided in subsection (1)(b) ii of this section. When
p. 6 2SSB 5290.SL
1 the local government does not provide a written determination, they
2 may still seek additional information or studies as provided for in
3 subsection (2) of this section.
4 (b) Within ((feidrteen)) 14 days after an applicant has submitted
5 to a local government additional information identified by the local
6 government as being necessary for a complete application, the local
7 government shall notify the applicant whether the application is
8 complete or what additional information is necessary.
9 (c) The notice of application shall be provided within 14 days
10 after the determination of completeness pursuant to RCW 36.70B.110.
11 Sec. 7. RCW 36.70B.080 and 2004 c 191 s 2 are each amended to
12 read as follows:
13 (1)(a) Development regulations adopted pursuant to RCW 36.70A.040
14 must establish and implement time periods for local government
15 actions for each type of project permit application and provide
16 timely and predictable procedures to determine whether a completed
17 project permit application meets the requirements of those
18 development regulations. The time periods for local government
19 actions for each type of complete project permit application or
20 project type should not exceed ((
21 leeal J_ _ __ __ent makes written findingsthat a specified—amoidfit ef
22 .ate t_ __ '_ tifRe is needed te lareeess speeifie
23 laia'_iecati_ns = larejeet types)) those specified in this section.
-L L - 1 -'J �' 'll "
24 ((fie)) (b) For project permits submitted after January 1, 2025,
25 the development regulations must, for each type of permit
26 application, specify the contents of a completed project permit
27 application necessary for the complete compliance with the time
28 periods and procedures.
29 ((+2+)) (c) A jurisdiction may exclude certain permit types and
30 timelines for processing project permit applications as provided for
31 in RCW 36.70B.140.
32 (d) The time periods for local government action to issue a final
33 decision for each type of complete project permit application or
34 project type subject to this chapter should not exceed the following
35 time periods unless modified by the local government pursuant to this
36 section or RCW 36.70B.140:
37 (i) For project permits which do not require public notice under
38 RCW 36.70B.110, a local government must issue a final decision within
39 65 days of the determination of completeness under RCW 36.70B.070;
p. 7 2SSB 5290.SL
1 (ii) For project permits which require public notice under RCW
2 36.70B.110, a local government must issue a final decision within 100
3 days of the determination of completeness under RCW 36.70B.070; and
4 (iii) For project permits which require public notice under RCW
5 36.70B.110 and a public hearing, a local government must issue a
6 final decision within 170 days of the determination of completeness
7 under RCW 36.70B.070.
8 (e) A jurisdiction may modify the provisions in (d) of this
9 subsection to add permit types not identified, change the permit
10 names or types in each category, address how consolidated review time
11 periods may be different than permits submitted individually, and
12 provide for how projects of a certain size or type may be
13 differentiated, including by differentiating between residential and
14 nonresidential permits. Unless otherwise provided for the
15 consolidated review of more than one permit, the time period for a
16 final decision shall be the longest of the permit time periods
17 identified in (d) of this subsection or as amended by a local
18 government.
19 (f) If a local government does not adopt an ordinance or
20 resolution modifying the provisions in (d) of this subsection, the
21 time periods in (d) of this subsection apply.
22 (g) The number of days an application is in review with the
23 county or city shall be calculated from the day completeness is
24 determined under RCW 36.70B.070 to the date a final decision is
25 issued on the project permit application. The number of days shall be
26 calculated by counting every calendar day and excluding the following
27 time periods:
28 (i) Any period between the day that the county or city has
29 notified the applicant, in writing, that additional information is
30 required to further process the application and the day when
31 responsive information is resubmitted by the applicant;
32 (ii) Any period after an applicant informs the local government,
33 in writing, that they would like to temporarily suspend review of the
34 project permit application until the time that the applicant notifies
35 the local government, in writing, that they would like to resume the
36 application. A local government may set conditions for the temporary
37 suspension of a permit application; and
38 (iii) Any period after an administrative appeal is filed until
39 the administrative appeal is resolved and any additional time period
40 provided by the administrative appeal has expired.
P. 8 2SSB 5290.SL
1 (h) The time periods for a local government to process a permit
2 shall start over if an applicant proposes a change in use that adds
3 or removes commercial or residential elements from the original
4 application that would make the application fail to meet the
5 determination of procedural completeness for the new use, as required
6 by the local government under RCW 36.70B.070.
7 (i) If, at any time, an applicant informs the local government,
8 in writing, that the applicant would like to temporarily suspend the
9 review of the project for more than 60 days, or if an applicant is
10 not responsive for more than 60 consecutive days after the county or
11 city has notified the applicant, in writing, that additional
12 information is required to further process the application, an
13 additional 30 days may be added to the time periods for local
14 government action to issue a final decision for each type of project
15 permit that is subject to this chapter. Any written notice from the
16 local government to the applicant that additional information is
17 required to further process the application must include a notice
18 that nonresponsiveness for 60 consecutive days may result in 30 days
19 being added to the time for review. For the purposes of this
20 subsection, "nonresponsiveness" means that an applicant is not making
21 demonstrable progress on providing additional requested information
22 to the local government, or that there is no ongoing communication
23 from the applicant to the local government on the applicant's ability
24 or willingness to provide the additional information.
25 (1) Annual amendments to the comprehensive plan are not subject
26 to the requirements of this section.
27 (k) A county's or city's adoption of a resolution or ordinance to
28 implement this subsection shall not be subject to appeal under
29 chapter 36.70A RCW unless the resolution or ordinance modifies the
30 time periods provided in (d) of this subsection by providing for a
31 review period of more than 170 days for any project permit.
32 (1)(i) When permit time periods provided for in (d) of this
33 subsection, as may be amended by a local government, and as may be
34 extended as provided for in (i) of this subsection, are not met, a
35 portion of the permit fee must be refunded to the applicant as
36 provided in this subsection. A local government may provide for the
37 collection of only 80 percent of a permit fee initially, and for the
38 collection of the remaining balance if the permitting time periods
39 are met. The portion of the fee refunded for missina time periods
40 shall be:
P. 9 2SSB 5290.SL
1 (A) 10 percent if the final decision of the project permit
2 application was made after the applicable deadline but the period
3 from the passage of the deadline to the time of issuance of the final
4 decision did not exceed 20 percent of the original time period; or
5 (B) 20 percent if the period from the passage of the deadline to
6 the time of the issuance of the final decision exceeded 20 percent of
7 the original time period.
8 (ii) Except as provided in RCW 36.70B.160, the provisions in
9 subsection (1)(i) of this section are not applicable to cities and
10 counties which have implemented at least three of the options in RCW
11 36.70B.160(1) (a) through (1) at the time an application is deemed
12 procedurally complete.
13 (2)(a) Counties subject to the requirements of RCW 36.70A.215 and
14 the cities within those counties that have populations of at least
15 (( )) 20,000 must, for each type of permit application,
16 identify the total number of project permit applications for which
17 decisions are issued according to the provisions of this chapter. For
18 each type of project permit application identified, these counties
19 and cities must establish and implement a deadline for issuing a
20 notice of final decision as required by subsection (1) of this
21 section and minimum requirements for applications to be deemed
22 complete under RCW 36.70B.070 as required by subsection a) of this
23 section.
24 (b) Counties and cities subject to the requirements of this
25 subsection also must prepare an annual performance report((s)) that
27 premit aplieation identified innaeeardanea va-i: t
29 (i) Fetal number e€ eemplete applieations reeei,W during the
30ea;
"1lete `L L during 3
ear fer
32 whreh a netiee of final deesien was issued befere the 4
33 established cads svvs-2c�i-ox=r
`1 1 ` during y
35 neVee efff ina? decr^sien was issued after the deadline established
36 under this
`1 1 ` during y
38 emt-ensien ef time - was —mutual mutually _,re ream= crrr�r-c�xc
39
p. 10 2SSB 5290.SL
1 (v) V-arianee afaetualperfermanee, eHelu�din appMeatiens e�
-- __ time to l re reeaccrr^s1$k}S—rmvc--ozczrrr2cc, to the
3 established der this se seems ,
4 (vi) The mean preeessing time and the number standard devia
5 frem the
6 (e) Geunties and—eities sebjeet te— the —requirements of
7 ..b, eet
8 (i) Previde—neyiee—e€ and assess to — the —annual per`c .anT
9 reperts r 's=— _ity's website; ana
10 (ii) Pest sleet-re'nief a._s_..._l es e f the annual i ....,F....,m-...ee 1 e--n- ..
11
12 eity's websiteindieating that the reperts are a�aila}�le�p
13 eentaeting the apprepriateity department er ef=reial de
15 �4 a ewer eity sebjeet to the requirements of t
16 subsection dees net maintain a website, _"__-__. __ the __.r__"
17 given by reasenable metheds, i , l�_d:, butnetlimited t these
18 m,ethe s spee f ed in RCW 36.79B.119(4).
19 f3})) includes information outlining time periods for certain
20 permit types associated with housing. The report must provide:
21 (i) Permit time periods for certain permit processes in the
22 county or city in relation to those established under this section,
23 including whether the county or city has established shorter time
24 periods than those provided in this section;
25 (ii) The total number of decisions issued during the year for the
26 following permit types: Preliminary subdivisions, final subdivisions,
27 binding site plans, permit processes associated with the approval of
28 multifamily housing, and construction plan review for each of these
29 permit types when submitted separately
30 (iii) The total number of decisions for each permit type which
31 included consolidated project permit review, such as concurrent
32 review of a rezone or construction plans;
33 (iv) The average number of days from a submittal to a decision
34 being issued for the project permit types listed in subsection
35 (2)(a)(ii) of this section. This shall be calculated from the day
36 completeness is determined under RCW 36.70B.070 to the date a
37 decision is issued on the application. The number of days shall be
38 calculated by counting every calendar day
39 (v) The total number of days each project permit application of a
40 type listed in subsection (2)(a)(ii) of this section was in review
P. 11 2SSB 5290.SL
1 with the county or city. This shall be calculated from the day
2 completeness is determined under RCW 36.70B.070 to the date a final
3 decision is issued on the application. The number of days shall be
4 calculated by counting every calendar day. The days the application
5 is in review with the county or city does not include the time
6 periods in subsection (1)(a)(i)-(iii) of this section;
7 (vi) The total number of days that were excluded from the time
8 period calculation under subsection (1)(g)(i)-(iii) of this section
9 for each project permit application of a type listed in subsection
10 (2)(a)(ii) of this section.
11 (c) Counties and cities subject to the requirements of this
12 subsection must:
13 (i) Post the annual performance report through the county's or
14 city's website; and
15 (ii) Submit the annual performance report to the department of
16 commerce by March 1st each year.
17 (d) No later than July 1st each year, the department of commerce
18 shall publish a report which includes the annual performance report
19 data for each county and city subject to the requirements of this
20 subsection and a list of those counties and cities whose time periods
21 are shorter than those provided for in this section.
22 The annual report must also include key metrics and findings from
23 the information collected.
24 (e) The initial annual report required under this subsection must
25 be submitted to the department of commerce by March 1, 2025, and must
26 include information from permitting in 2024.
27 (3) Nothing in this section prohibits a county or city from
28 extending a deadline for issuing a decision for a specific project
29 permit application for any reasonable period of time mutually agreed
30 upon by the applicant and the local government.
31 ((
tee- - p -.. _=- - shall wenwith the eetintre s—anEi ert re ste reviewthe
33 ;ertial ifftplefftentatien eests of the—r-eeluir-ements of stibseet-en (2)
34 of this seetieawe—departmcnt, in eeeperatien with the 1eecal
35 gevernfftents, shall picepare—a—icepert 9,afftfftarizing the l--j_.tee __st_;
36 teaether with reeefRfRendcatiens €er state€anEiing—assistanee fer
37 ifRplefRentcatienT e =sts, andprevi-de—the—report te—t
38 apprepriate eefRfRittees of the senate se ef relaresentativesby
39 .))
p. 12 2SSB 5290.SL
1 Sec. 8. RCW 36.70B.160 and 1995 c 347 s 420 are each amended to
2 read as follows:
3 (1) Each local government is encouraged to adopt further project
4 review and code provisions to provide prompt, coordinated review and
5 ensure accountability to applicants and the public((, _neluiing
6 eiEI9eEiiteEi review fer lar-ejeet perfflit applieatiens €er prejeets that
7 area}sistent with p,_ _ anEi within the
8 eapaeity Far _ym_..,...ide _... .,. frastueture _ _ _^t=) Y l ) y
9 (a) Expediting review for project permit applications for
10 projects that are consistent with adopted development regulations;
11 (b) Imposing reasonable fees, consistent with RCW 82.02.020, on
12 applicants for permits or other governmental approvals to cover the
13 cost to the city, town, county, or other municipal corporation of
14 processing applications, inspecting and reviewing plans, or preparing
15 detailed statements required by chapter 43.21C RCW. The fees imposed
16 may not include a fee for the cost of processing administrative
17 appeals. Nothing in this subsection limits the ability of a county or
18 city to impose a fee for the processing of administrative appeals as
19 otherwise authorized by law;
20 (c) Entering into an interlocal agreement with another
21 jurisdiction to share permitting staff and resources;
22 (d) Maintaining and budgeting for on -call permitting assistance
23 for when permit volumes or staffing levels change rapidly;
24 (e) Having new positions budgeted that are contingent on
25 increased permit revenue;
26 (f) Adopting development regulations which only require public
27 hearings for permit applications that are required to have a public
28 hearing by statute;
29 (q) Adopting development regulations which make preapplication
30 meetings optional rather than a requirement of permit application
31 submittal;
32 (h) Adopting development regulations which make housing types an
33 outright permitted use in all zones where the housing type is
34 permitted;
35 (i) Adopting a program to allow for outside professionals with
36 appropriate professional licenses to certify components of
37 applications consistent with their license; or
38 (j) Meeting with the applicant to attempt to resolve outstanding
39 issues during the review process. The meeting must be scheduled
40 within 14 days of a second request for corrections during permit
p. 13 2SSB 5290.SL
1 review. If the meeting cannot resolve the issues and a local
2 government proceeds with a third request for additional information
3 or corrections, the local government must approve or deny the
4 application upon receiving the additional information or corrections.
5 (2)(a) After January 1, 2026, a county or city must adolt
6 additional measures under subsection (1) of this section at the time
7 of its next comprehensive plan update under RCW 36.70A.130 if it
8 meets the following conditions:
9 (i) The county or city has adopted at least three project review
10 and code provisions under subsection (1) of this section more than
11 five years prior; and
12 (ii) The county or city is not meeting the permitting deadlines
13 established in RCW 36.70B.080 at least half of the time over the
14 period since its most recent comprehensive plan update under RCW
15 36.70A.130.
16 (b) A city or county that is required to adopt new measures under
17 (a) of this subsection but fails to do so becomes subject to the
18 provisions of RCW 36.70B.080(1)(1), notwithstanding RCW
19 36.70B.080(1)(1)(ii).
20 ((+2+)) (3) Nothing in this chapter is intended or shall be
21 construed to prevent a local government from requiring a
22 preapplication conference or a public meeting by rule, ordinance, or
23 resolution.
24 ((43+)) (4) Each local government shall adopt procedures to
25 monitor and enforce permit decisions and conditions.
26 ((+4})) (5) Nothing in this chapter modifies any independent
27 statutory authority for a government agency to appeal a project
28 permit issued by a local government.
29 NEW SECTION. Sec. 9. A new section is added to chapter 36.70B
30 RCW to read as follows:
31 (1) The department of commerce shall develop and provide
32 technical assistance and guidance to counties and cities in setting
33 fee structures under RCW 36.70B.160(1) to ensure that the fees are
34 reasonable and sufficient to recover true costs. The guidance must
35 include information on how to utilize growth factors or other
36 measures to reflect cost increases over time.
37 (2) When providing technical assistance under subsection (1) of
38 this section, the department of commerce must prioritize local
p. 14 2SSB 5290.SL
1 governments that have implemented at least three of the options in
2 RCW 36.70B.160(1).
3 Sec. 10. RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1
4 are each reenacted and amended to read as follows:
5 (1) Not later than April 1, 1996, a local government planning
6 under RCW 36.70A.040 shall provide a notice of application to the
7 public and the departments and agencies with jurisdiction as provided
8 in this section. If a local government has made a threshold
9 determination under chapter 43.21C RCW concurrently with the notice
10 of application, the notice of application may be combined with the
11 threshold determination and the scoping notice for a determination of
12 significance. Nothing in this section prevents a determination of
13 significance and scoping notice from being issued prior to the notice
14 of application. Nothing in this section or this chapter prevents a
15 lead agency, when it is a project proponent or is funding a project,
16 from conducting its review under chapter 43.21C RCW or from allowing
17 appeals of procedural determinations prior to submitting a project
18 permit ( (appliea`_ ) ) .
19 (2) The notice of application shall be provided within
20 (()) 14 days after the determination of completeness as
21 provided in RCW 36.70B.070 and, except as limited by the provisions
22 of subsection (4)(b) of this section, ((sal)) must include the
23 following in whatever sequence or format the local government deems
24 appropriate:
25 (a) The date of application, the date of the notice of completion
26 for the application, and the date of the notice of application;
27 (b) A description of the proposed project action and a list of
28 the project permits included in the application and, if applicable, a
29 list of any studies requested under RCW 36.70B.070 ((er36.79B.999));
30 (c) The identification of other permits not included in the
31 application to the extent known by the local government;
32 (d) The identification of existing environmental documents that
33 evaluate the proposed project, and, if not otherwise stated on the
34
document providing the
notice of application,
such as a city land
use
35
bulletin,
the location
where the application
and any studies can
be
36
reviewed;
37
(e) A
statement of
the public comment period,
which shall be
not
38
less than
fourteen nor
more than thirty days
following the date
of
39
notice of
application,
and statements of the
right of any person
to
p. 15 2SSB 5290.SL
1 comment on the application, receive notice of and participate in any
2 hearings, request a copy of the decision once made, and any appeal
3 rights. A local government may accept public comments at any time
4 prior to the closing of the record of an open record predecision
5 hearing, if any, or, if no open record predecision hearing is
6 provided, prior to the decision on the project permit;
7 (f) The date, time, place, and type of hearing, if applicable and
8 scheduled at the date of notice of the application;
9 (g) A statement of the preliminary determination, if one has been
10 made at the time of notice, of those development regulations that
11 will be used for project mitigation and of consistency as provided in
12 RCW 36.70B.030(2) and 36.70B.040; and
13 (h) Any other information determined appropriate by the local
14 government.
15 (3) If an open record predecision hearing is required for the
16 requested project permits, the notice of application shall be
17 provided at least fifteen days prior to the open record hearing.
18 (4) A local government shall use reasonable methods to give the
19 notice of application to the public and agencies with jurisdiction
20 and may use its existing notice procedures. A local government may
21 use different types of notice for different categories of project
22 permits or types of project actions. If a local government by
23 resolution or ordinance does not specify its method of public notice,
24 the local government shall use the methods provided for in (a) and
25 (b) of this subsection. Examples of reasonable methods to inform the
26 public are:
27 (a) Posting the property for site -specific proposals;
28 (b) Publishing notice, including at least the project location,
29 description, type of permit(s) required, comment period dates, and
30 location where the notice of application required by subsection (2)
31 of this section and the complete application may be reviewed, in the
32 newspaper of general circulation in the general area where the
33 proposal is located or in a local land use newsletter published by
34 the local government;
35 (c) Notifying public or private groups with known interest in a
36 certain proposal or in the type of proposal being considered;
37 (d) Notifying the news media;
38 (e) Placing notices in appropriate regional or neighborhood
39 newspapers or trade journals;
p. 16 2SSB 5290.SL
1 (f) Publishing notice in agency newsletters or sending notice to
2 agency mailing lists, either general lists or lists for specific
3 proposals or subject areas; and
4 (g) Mailing to neighboring property owners.
5 (5) A notice of application shall not be required for project
6 permits that are categorically exempt under chapter 43.21C RCW,
7 unless an open record predecision hearing is required or an open
8 record appeal hearing is allowed on the project permit decision.
9 (6) A local government shall integrate the permit procedures in
10 this section with ((its)) environmental review under chapter 43.21C
11 RCW as follows:
12 (a) Except for a threshold determination and except as otherwise
13 expressly allowed in this section, the local government may not issue
14 a decision or a recommendation on a project permit until the
15 expiration of the public comment period on the notice of application.
16 (b) If an open record predecision hearing is required, the local
17 government shall issue its threshold determination at least fifteen
18 days prior to the open record predecision hearing.
19 (c) Comments shall be as specific as possible.
20 (d) A local government is not required to provide for
21 administrative appeals of its threshold determination. If provided,
22 an administrative appeal ((shall)) must be filed within fourteen days
23 after notice that the determination has been made and is appealable.
24 Except as otherwise expressly provided in this section, the appeal
25 hearing on a threshold determination ((e€ nensignifieanee—=hall))
26 must be consolidated with any open record hearing on the project
27 permit.
28 (7) At the request of the applicant, a local government may
29 combine any hearing on a project permit with any hearing that may be
30 held by another local, state, regional, federal, or other agency, if:
31 (a) The hearing is held within the geographic boundary of the
32 local government; and
33 (b) ( (Thejeint hearing ecan be held within the tiffte : =rieds
34 speeified in
nGW nn nnn �—i,�-�--apt1..-,.�)) The applicant agrees to the
35 schedule in the event that additional time is needed in order to
36 combine the hearings. All agencies of the state of Washington,
37 including municipal corporations and counties participating in a
38 combined hearing, are hereby authorized to issue joint hearing
39 notices and develop a joint format, select a mutually acceptable
40 hearing body or officer, and take such other actions as may be
p. 17 2SSB 5290.SL
1 necessary to hold
joint hearings consistent with
each of their
2 respective statutory
obligations.
3 (8) All state
and local agencies shall cooperate
to the fullest
4 extent possible with the local government in holding
a joint hearing
5 if requested to do
so, as long as:
6 (a) The agency
is not expressly prohibited by statute from doing
7 so;
8 (b) Sufficient notice of the hearing is given to meet each of the
9 agencies' adopted notice requirements as set forth in statute,
10 ordinance, or rule; and
11 (c) The agency has received the necessary information about the
12 proposed project from the applicant to hold its hearing at the same
13 time as the local government hearing.
14 (9) A local government is not required to provide for
15 administrative appeals. If provided, an administrative appeal of the
16 project decision and of any environmental determination issued at the
17 same time as the project decision, shall be filed within fourteen
18 days after the notice of the decision or after other notice that the
19 decision has been made and is appealable. The local government shall
20 extend the appeal period for an additional seven days, if state or
21 local rules adopted pursuant to chapter 43.21C RCW allow public
22 comment on a determination of nonsignificance issued as part of the
23 appealable project permit decision.
24 (10) The applicant for a project permit is deemed to be a
25 participant in any comment period, open record hearing, or closed
26 record appeal.
27 (11) Each local government planning under RCW 36.70A.040 shall
28 adopt procedures for administrative interpretation of its development
29 regulations.
30 NEW SECTION. Sec. 11. The department of commerce shall develop
31 a template for counties and cities subject to the requirements in RCW
32 36.70B.080, which will be utilized for reporting data.
33 NEW SECTION. Sec. 12. The department of commerce shall develop
34 a plan to provide local governments with appropriately trained staff
35 to provide temporary support or hard to find expertise for timely
36 processing of residential housing permit applications. The plan shall
37 include consideration of how local governments can be provided with
38 staff that have experience with providing substitute staff support or
P. 18 2SSB 5290.SL
1 that possess expertise in permitting policies and regulations in the
2 local government's geographic area or with jurisdictions of the local
3 government's size or population. The plan and a proposal for
4 implementation shall be presented to the legislature by December 1,
5 2023.
6 NEW SECTION. Sec. 13. Section 7 of this act takes effect
7 January 1, 2025.
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.
--- END ---
p. 19 2SSB 5290.SL