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Land Use Study Commission

For Discussion Purposes Only

Issue Paper 2

Public Participation

 RCW 36.70A.140  Comprehensive plans--Ensure public participation. (1)(a) Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments.

(2) At a minimum, the procedures required by this section shall:

(a) Assure adequate notice to property owners and other affected and interested individuals and interests of proposed amendments to comprehensive plans and development regulations; and

(b) Require an opportunity for public review and comment prior to adoption or amendment of a comprehensive plan or development regulation if significant changes to the plan or amendment are proposed and have not been available for review and comment prior to the date of proposed adoption.

(2) In enacting legislation in response to the board's decision pursuant to RCW 36.70A.300 declaring part or all of a comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate and effective under the circumstances presented by the board's order.

(3) Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.

RCW 36.70A.190  Technical assistance, procedural criteria, grants, and mediation services. (1) The department shall establish a program of technical and financial assistance and incentives to counties and cities and community and neighborhood organizations to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state.

(2) The department shall develop a priority list and establish funding levels for planning and technical assistance grants both for counties and cities that plan under RCW 36.70A.040. Priority for assistance shall be based on a county's or city's population growth rates, commercial and industrial development rates, the existence and quality of a comprehensive plan and development regulations, and other relevant factors.

(3) The department shall develop and administer a grant program to provide direct financial assistance to counties and cities for the preparation of comprehensive plans under this chapter. The department may establish provisions for county and city matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a county or city comprehensive plan as the county or city and the department may agree, including, without limitation, the conducting of surveys, inventories and other data gathering and management activities, the retention of planning consultants, contracts with regional councils for planning and related services, and other related purposes.

(4) The department shall establish a program of technical assistance:

(a) Utilizing department staff, the staff of other state agencies, and the technical resources of counties and cities to help in the development of comprehensive plans required under this chapter. The technical assistance may include, but not be limited to, model land use ordinances, regional education and training programs, and information for local and regional inventories; and

(b) Adopting by rule procedural criteria to assist counties and cities in adopting comprehensive plans and development regulations that meet the goals and requirements of this chapter. These criteria shall reflect regional and local variations and the diversity that exists among different counties and cities that plan under this chapter.

(5) The department shall provide mediation services to resolve disputes between counties and cities regarding, among other things, coordination of regional issues and designation of urban growth areas.

(6) The department shall provide planning grants to enhance citizen participation under RCW 36.70A.140.

Issue Paper 4

Standard of Review

RCW 36.70A.320  Presumption of validity--Burden of proof--Plans and regulations. (1) Except as provided in subsection (2) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it ((finds by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter))determines that the plan or development regulation is clearly erroneous [in view of the entire record as submitted] in light of the policy of this chapter.

(2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW. [1995 c 347 § 111; 1991 sp.s. c 32 § 13.]

Issue Paper 5

Alternative Dispute Resolution

RCW 36.70A.330  Noncompliance. (1) ((After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.)) If the board has issued a final order under RCW 36.70A.300 finding that a state agency or a city or county is not in compliance with the requirements of this chapter, the board shall schedule one or more compliance hearings to determine whether the state agency, city, or county is in compliance with the requirements of this chapter or the progress made towards compliance based on a compliance schedule established by the board. A city or county subject to a determination of invalidity under RCW 36.70A.300 may request a compliance hearing for the purposes of determining whether the determination of invalidity should be modified or rescinded.

(2) (a) At a compliance hearing, the board shall ((conduct a hearing and issue a finding of)) consider whether the state agency, city, or county is in compliance ((or noncompliance)) with the requirements of this chapter and with any compliance schedule established by the board in its final order. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board((, and a finding shall be issued)).

(b) If the purpose of the hearing is to determine whether the state agency, city, or county is in compliance with the requirements of this chapter, the board shall issue its order within forty-five days of the filing of the motion under subsection (1) of this section with the board. If the purpose of the hearing is to determine whether the state agency, city, or county is in compliance with a compliance schedule established by the board in its final order, within fourteen days after the hearing the board shall issue any order necessary to make adjustments to the compliance schedule and set additional hearings.

(3) If the board finds after a compliance hearing that the state agency, county, or city is not in compliance and is not making substantial progress towards achieving compliance with the requirements of this chapter, the board shall transmit its finding to the governor. The board shall take into consideration any compliance schedule established by the board in making its decision to transmit its findings to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed.

(4) In a compliance hearing, the board shall also reconsider its final order and decide:

(a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW ((36.70A.300(2))) 36.70A.300; or

(b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW ((36.70A.300(2))) 36.70A.300.

(5) The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section. [1995 c 347 § 112; 1991 sp.s. c 32 § 14.]

Issue Paper 6

Invalidity

RCW 36.70A.300  Final orders. (1) The board shall issue a final order ((within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order)) which shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW.

(2)(a) Except as provided in (b) of this subsection, the final order shall be issued within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated.

(b) Upon the written request of all parties, the board may extend the period of time for issuing a decision if the parties establish to the satisfaction of the board that they are engaged in good faith negotiations to settle the dispute and that additional time is necessary to achieve a settlement. The request must be filed with the board not later than seven days before the date scheduled for the hearing on the petition. The board may authorize only one extension for not more than thirty days.

(3) In the final order, the board shall either:

(a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or

(b) Find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city(( and)). The board, in consultation with the parties, shall establish a compliance schedule, which shall specify a reasonable and expeditious time ((not in excess of one hundred eighty days)) within which the state agency, county, or city shall comply with the requirements of this chapter. The compliance schedule shall require periodic reports to the board on the progress the jurisdiction is making towards compliance.

(((2))) (4) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand, unless the board's final order also:

(a) Includes a determination, supported by evidence in the record of actual development or development permit applications that would substantially interfere with the goals of this chapter and findings of fact and conclusions of law, that the continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; ((and))

(b) Specifies the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity; and

(c) Where identifiable, specifies the geographic area or areas and the types of development permit applications to which the determination applies.

Option 1

(((3)))(5) A determination of invalidity shall:

(a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and

(b) Subject any development application that would otherwise vest after the date of the board's order to the local ordinance or resolution that both is enacted in response to the order of remand and, after a compliance hearing held pursuant to RCW 36.70A.330, determined by the board ((pursuant to RCW 36.70A.330)) not to ((comply with the requirements of this chapter)) substantially interfere with the fulfillment of the goals of this chapter, as provided in subsection (5) of this section.]

 

Option 2

(c) Not apply to a development permit application for a tenant improvement permit to an existing structure, a building permit to expand an existing structure consistent with conforming use provisions of applicable local development regulations, building permit for a single family residence and related structures on a vested lot or lot of record, a final plat or final short plat and related construction permits, and boundary line adjustments and short plats that do not increase the number of buildable lots.

 

Option 3

(((3)))(5) A determination of invalidity shall((:

(a) B))be prospective in effect and shall not extinguish rights that vested under state or local law on or before the date of the board's order((; and)).

(((b)))(6) ((Subject any)) The board may rescind a determination of invalidity if it determines pursuant to RCW 36.70A.330 that the county or city is in compliance with the goals and policies of this chapter with respect to the part or parts of the comprehensive plan or development regulation found to substantially interfere with the goals and policies of this chapter. A development application that ((would otherwise vest after)) is not vested on or before the date of the board's ((order)) determination of invalidity shall vest to the local ordinance or resolution that ((both)) is ((enacted in response to the order of remand and)) determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter.]

 

Option 4

(((4)))(7) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (((2))) (5) of this section whether the prior policies or regulations are valid during the period of remand. [Except as otherwise provided in this subsection, the board may not determine to be invalid a comprehensive plan not adopted pursuant to this chapter or a development regulation that is not the subject of an appeal before the board.]

 

(((5)))(8) Any party aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in RCW 34.05.514 or 36.01.050 within thirty days of the final order of the board.

Option 5

(9)[(a) The board shall schedule a hearing on a determination of invalidity within sixty days after the date the final order is issued. A hearing held pursuant to this subsection shall be given the highest priority by the board.]

 

Option 6

[(a) After a hearing upon a motion for reconsideration filed by either party, the board may modify or rescind its order making a determination of invalidity.]

(b) At the hearing on the motion, the parties may present information to the board to clarify the elements of the comprehensive plan or development regulations and the type and nature of development applications to which the final order should apply. [The board shall issue any supplemental order based on the information provided at the hearing not later than thirty days after the date of the hearing.]

(10) At its option, a party may delay filing an appeal of the board’s final order which includes a determination of invalidity until thirty days after the hearing held pursuant to subsection (10) of this section. A party shall file with the board a notice of its intent to delay filing an appeal not later than fourteen days after the date of the board’s order.

RCW 36.70A.305  Expedited review. The court shall provide expedited review of ((a determination of invalidity or)) an order ((effectuating)) which includes a determination of invalidity made or issued under ((*))RCW 36.70A.300. The matter must be set for hearing within sixty days of the date set for submitting the board's record, absent a showing of good cause for a different date or a stipulation of the parties.

RCW 36.70A.320  Presumption of validity--Burden of proof--Plans and regulations. (1) Except as provided in subsection (2) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter, and actions taken by a county or city in response to an order of the board, are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it finds by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter.

(2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW. [1995 c 347 § 111; 1991 sp.s. c 32 § 13.]

Issue Paper 8

Flexibility in Application

NEW SECTION. A new section is added to chapter 36.70A RCW to read:

(1) A county and its cities may use the county-wide planning policy process provided for in RCW 36.70A.210 or another process established by interlocal agreement between the county and all of its cities to develop alternative methods of achieving the planning goals established by RCW 36.70A.020.

(2) The authority provided by this section shall not be used to:

(a) Modify standards for the designation and protection of critical or for the designation of natural resource lands under RCW 36.70A.170 and .172;

(b) Modify the requirement that wetlands be delineated consistent with the requirements of RCW 36.70A.175;

(c) Modify population projections established under RCW 43.62.035; or

(d) Modify the requirement to establish a process for the siting of essential public facilities pursuant to RCW 36.70A.200.

(3) An agreement developed pursuant the this section must be approved by the county and by at least sixty percent of the cities and towns in the county representing a minimum of seventy-five percent of the cities’ and towns’ population. Each local government shall provide an opportunity for public review and comment prior to approving any standards established pursuant to this subsection.

Option 1

(4) Policies developed pursuant to this subsection may be appealed as provided in subsection RCW 36.70A.210(6) of this section.

Option 2

(4) Policies developed pursuant to this subsection may be appealed as provided in RCW 36.70A.280(2).

Option 3

(4) The county shall submit the agreement proposed and adopted pursuant to this section to the department in the same manner as is for as provided in 36.70A.106 for submittal of comprehensive plans. An agreement developed pursuant to this section may be appealed as provided in RCW 36.70A.210(6) and may also be appealed by the department within sixty days after the agreement is adopted pursuant to subsection (3) of this section.

  

Issue Papers 9 and 10

Rural Lands and Urban Lands

Definitions

RCW 36.70A.030  Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

(3) "Buildable lands" means lands within urban growth areas that are suitable and available for residential and nonresidential uses. "Buildable lands" includes both vacant land and developed land likely to be redeveloped that can reasonably be expected to be on the market during the time period of the population projections provided for in RCW 36.70A.110.

(4) "City" means any city or town, including a code city.

(((4))) (5) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

(((5))) (6) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.

(((6))) (7) "Department" means the department of community, trade, and economic development.

(((7))) (8) "Development regulations" means the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

(((8))) (9) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.

(((9))) (10) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

(((10))) (11) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

(((11))) (12) "Minerals" include gravel, sand, and valuable metallic substances.

(((12))) (13) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

(((13))) (14) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(((14))) (15) "Rural governmental services" include those governmental services historically and typically delivered at a low level of intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, public transit services, and other public utilities associated with rural development and normally not associated with urban areas.

Option 1

"Rural development" refers to development outside urban growth areas that provides for a variety of uses and low densities at levels that are compatible with the rural character of an area and do not encourage future urban growth. Rural development can allow for compatible non-residential or clustered residential development that is consistent with historical development patterns, provided that such development does not require urban levels of governmental services nor constitute a new pattern of sprawl, and measures are taken to preserve the long-term rural character of existing land uses.

 

Option 2

"Rural development" refers to development outside the urban growth area and outside agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170. Rural development can consist of a variety of uses at levels that are consistent with the requirements of the rural element.

(17) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces ((to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires)) at a level that can be served efficiently by urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

(((15)))(18) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

(((16)))(19) "Urban governmental services" include those governmental services historically and typically delivered ((by)) at an intensity usually found in cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

(((17)))(20) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands.

Issue Paper 9

Rural Element

RCW 36.70A.070  Comprehensive plans--Mandatory elements. The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.

Each comprehensive plan shall include a plan, scheme, or design for each of the following:

(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.

(2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.

(3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent.

(4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.

(5)(a) Counties shall include a rural element including lands that are not designated for urban growth((, agriculture, forest, or mineral resources)).

(b) The rural element shall address rural growth and shall permit appropriate land uses that are compatible with the rural character of such lands and do not interfere with the use of designated agricultural, forest, and mineral resource lands designated pursuant to RCW 36.70A.170.

(c) The rural element shall provide for a variety of rural densities and uses. ((and may also provide)) In order to achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses ((not characterized by urban growth)) consistent with rural character as provided in (d) through (f) of this subsection.

Option 1a

(d) The rural element can allow for compatible commercial development and infill of historical development patterns, provided that such development is contained so that it does not constitute a new pattern of sprawl and measures are taken to preserve the long term character of the rural area.

 

Option 1b

(d) Rural land uses may include agriculture, grazing, forestry, low-density residential, historical village and waterfront developments, resource-based economic activities, outdoor recreation, natural preserves, open space, and small-scale commercial uses that provided needed services to rural residents.

 

Option 1c

(d) Rural land uses may include low-density residential, resource-based economic activities, outdoor recreation, natural preserves, open space, and small-scale commercial uses that provide convenience services to rural residents.

Option 2a

(e) Land uses and densities planned for in the rural area shall facilitate and support the development of established urban growth areas and shall reflect the population growth expected to occur outside of the urban growth area. Planned for densities may take into account the effects of past platting and development patterns, but shall not result in the need for urban levels of governmental services.

 

Option 2b

(e) Non-residential uses need not be dependent on a rural locale, however non-residential uses shall be visually compatible with the rural area, be designed to serve the rural area, and shall not require urban levels of governmental services. Industrial uses outside the urban growth area shall meet the requirements of RCW 36.70A.365.

 

Option 2c

(e) Land uses and densities planned for in the rural area reflect shall reflect the population growth expected to occur outside of the urban growth area. Planned for densities may take into account the effects of past platting and development patterns, but shall not result in the need for urban levels of governmental services, unless those services will limit or remove hardships or protect water quality or the environment.

 

Option 3a

(f) Because circumstances vary from county to county, there is no general rule for what constitutes an appropriate minimum or maximum pattern of rural residential density. In designating a variety of appropriate densities in the rural area, counties may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the goals and policies of this chapter.

 

Option 3b

(f) A county shall designate a variety of appropriate densities in the rural area based on local circumstances, including, but not limited to, the need to: maintain long-term flexibility to expand the urban growth area; protect critical areas and agricultural, forest, and mineral resource lands designated under RCW 36.70A.170; address fairness and equity issues; and provide cost efficient governmental services.

 

(6) A transportation element that implements, and is consistent with, the land use element. The transportation element shall include the following subelements:

(a) Land use assumptions used in estimating travel;

(b) Facilities and services needs, including:

(i) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning;

(ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;

(iii) Specific actions and requirements for bringing into compliance any facilities or services that are below an established level of service standard;

(iv) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

(v) Identification of system expansion needs and transportation system management needs to meet current and future demands;

(c) Finance, including:

(i) An analysis of funding capability to judge needs against probable funding resources;

(ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

(iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

(d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;

(e) Demand-management strategies.

After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.

The transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

NEW SECTION. New Section added to RCW 36.70A.

(1) A county or city may adopt an exception to the application of a policy or goal to a particular parcel if:

(a) The land subject to the exception is physically developed to the extent that it is no longer available for uses allowed by the applicable goal;

(b) The land subject to the exception is irrevocably committed to uses not allowed by the applicable goal because existing adjacent uses and other relevant factors make uses allowed by the applicable goal impracticable; or

(c) The following standards are met:

(i) Reasons justify why the state policy embodied in the applicable goals should not apply;

(ii) Areas which do not require a new exception cannot reasonably accommodate the use;

(iii) The long-term environmental, economic, social and energy consequences resulting from the use of the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site; and

(iv) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. Compatible is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses.

(2) A local government approving or denying a proposed exception shall set forth findings of fact and a statement of reasons which demonstrate that the standards for an exception have or have not been met.

(3) Each notice of a public hearing on a proposed exception shall specifically note that a policy or goal exception is proposed and shall summarize the issues in an understandable manner.

(4) A county's or city's decision under subsection (2) of this section may be appealed as provided in RCW 36.70A.300. The board's order shall adopt a clear statement of reasons which sets forth the basis for the determination that the standards for an exception have or have not been met.

(5) As used in this section, "exception" means a comprehensive plan provision or development regulation, including an amendment to an adopted comprehensive plan or development regulation, that:

(a) Is applicable to specific properties or situations and does not establish a planning or zoning policy of general applicability;

(b) Does not comply with some or all goal requirements applicable to the subject properties or situations; and

(c) Complies with standards for an exception.

Issue Paper 9

Rural And Agricultural Lands

RCW 84.34.020 Definitions. As used in this chapter, unless a different meaning is required by the context: (1) "Open space land" means (a) any land area so designated by an official comprehensive land use plan adopted by any city or county and zoned accordingly[,] or (b) any land area, the preservation of which in its present use would (i) conserve and enhance natural or scenic resources, or (ii) protect streams or water supply, or (iii) promote conservation of soils, wetlands, beaches or tidal marshes, or (iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space, or (v) enhance recreation opportunities, or (vi) preserve historic sites, or (vii) preserve visual quality along highway, road, and street corridors or scenic vistas, or (viii) retain in its natural state tracts of land not less than one acre situated in an urban area and open to public use on such conditions as may be reasonably required by the legislative body granting the open space classification, or (c) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section. As a condition of granting open space classification, the legislative body may not require public access on land classified under (b)(iii) of this subsection for the purpose of promoting conservation of wetlands.

(2) "Farm and agricultural land" means ((either)):

(a) any parcel of land that is twenty or more acres or multiple parcels of land that are contiguous and total twenty or more acres

(i) devoted primarily to the production of livestock or agricultural commodities for commercial purposes,

(ii) enrolled in the federal conservation reserve program or its successor administered by the United States department of agriculture, or

(iii) other similar commercial activities as may be established by rule ((following consultation with the advisory committee established in *section 19 of this act));

(b) any parcel of land that is five acres or more but less than twenty acres devoted primarily to agricultural uses, which has produced a gross income from agricultural uses equivalent to, as of January 1, 1993,

(i) one hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993, and

(ii) on or after January 1, 1993, two hundred dollars or more per acre per year for three of the five calendar years preceding the date of application for classification under this chapter;

(c) any parcel of land of less than five acres devoted primarily to agricultural uses which has produced a gross income as of January 1, 1993, of:

(i) one thousand dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter for all parcels of land that are classified under this subsection or all parcels of land for which an application for classification under this subsection is made with the granting authority prior to January 1, 1993, and

(ii) on or after January 1, 1993, fifteen hundred dollars or more per year for three of the five calendar years preceding the date of application for classification under this chapter;

(d) any parcel of land designated as agricultural land pursuant to RCW 36.70A.170; or

(e) any parcel of land not within an urban growth area zoned as agricultural land under a comprehensive plan adopted pursuant to chapter 36.70A RCW.

Parcels of land described in (b)(i) and (c)(i) of this subsection shall, upon any transfer of the property excluding a transfer to a surviving spouse, be subject to the limits of (b)(ii) and (c)(ii) of this subsection.

Agricultural lands shall also include such incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed twenty percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of the agricultural products exist in conjunction with the lands producing such products. Agricultural lands shall also include any parcel of land of one to five acres, which is not contiguous, but which otherwise constitutes an integral part of farming operations being conducted on land qualifying under this section as "farm and agricultural lands"; or (d) the land on which housing for employees and the principal place of residence of the farm operator or owner of land classified pursuant to (a) of this subsection is sited if: The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence is integral to the use of the classified land for agricultural purposes.

(3) "Timber land" means any parcel of land that is five or more acres or multiple parcels of land that are contiguous and total five or more acres which is or are devoted primarily to the growth and harvest of forest crops for commercial purposes. A timber management plan shall be filed with the county legislative authority at the time (a) an application is made for classification as timber land pursuant to this chapter or (b) when a sale or transfer of timber land occurs and a notice of classification continuance is signed. Timber land means the land only.

(4) "Current" or "currently" means as of the date on which property is to be listed and valued by the assessor.

(5) "Owner" means the party or parties having the fee interest in land, except that where land is subject to real estate contract "owner" shall mean the contract vendee.

(6) "Contiguous" means land adjoining and touching other property held by the same ownership. Land divided by a public road, but otherwise an integral part of a farming operation, shall be considered contiguous.

(7) "Granting authority" means the appropriate agency or official who acts on an application for classification of land pursuant to this chapter.

(8) "Farm and agricultural conservation land" means either: (a) Land that was previously classified under subsection (2) of this section, that no longer meets the criteria of subsection (2) of this section, and that is reclassified under subsection (1) of this section; or

(b) Land that is traditional farmland that is not classified under chapter 84.33 or 84.34 RCW, that has not been irrevocably devoted to a use inconsistent with agricultural uses, and that has a high potential for returning to commercial agriculture.

RCW 84.40.030 Basis of valuation--One hundred percent of true and fair value--Leasehold estates--Real property-- Appraisal--Comparable sales. All property shall be valued at one hundred percent of its true and fair value in money and assessed on the same basis unless specifically provided otherwise by law.

Taxable leasehold estates shall be valued at such price as they would bring at a fair, voluntary sale for cash without any deductions for any indebtedness owed including rentals to be paid.

The true and fair value of real property for taxation purposes (including property upon which there is a coal or other mine, or stone or other quarry) shall be based upon the following criteria:

(1) Any sales of the property being appraised or similar properties with respect to sales made within the past five years. The appraisal shall be consistent with the comprehensive land use plan, development regulations under chapter 36.70A RCW, zoning, and any other governmental policies or practices in effect at the time of appraisal that affect the use of property, as well as physical and environmental influences. The appraisal shall also take into account: (a) In the use of sales by real estate contract as similar sales, the extent, if any, to which the stated selling price has been increased by reason of the down payment, interest rate, or other financing terms; and (b) the extent to which the sale of a similar property actually represents the general effective market demand for property of such type, in the geographical area in which such property is located. Sales involving deed releases or similar seller-developer financing arrangements shall not be used as sales of similar property.

(2) In addition to sales as defined in subsection (1), consideration may be given to cost, cost less depreciation, reconstruction cost less depreciation, or capitalization of income that would be derived from prudent use of the property. In the case of property of a complex nature, or being used under terms of a franchise from a public agency, or operating as a public utility, or property not having a record of sale within five years and not having a significant number of sales of similar property in the general area, the provisions of this subsection (2) shall be the dominant factors in valuation. When provisions of this subsection (2) are relied upon for establishing values the property owner shall be advised upon request of the factors used in arriving at such value.

(3) In valuing any tract or parcel of real property, the value of the land, exclusive of structures thereon shall be determined; also the value of structures thereon, but the valuation shall not exceed the value of the total property as it exists. In valuing agricultural land, growing crops shall be excluded.

(4) In valuing any tract or parcel of real property designated and zoned under a comprehensive plan adopted pursuant to chapter 36.70A RCW as agricultural, forest, or open space land , the appraisal shall not be based on similar sales of parcels which have been converted to non-agricultural or non-open space uses within five years after the sale.

Issue Paper 9

Agricultural Lands

Sliding Scale Zoning

NEW SECTION. A new section is added to RCW 36.70A to read as follows:

A county may use a variety of zoning techniques in designated agricultural areas, including, but not limited to:

(1) Agricultural zoning which limits the density of development and restricts non-farm uses of agricultural land;

(2) Cluster zoning which allows new development on one portion of the land, leaving the remainder in agricultural or open space uses;

(3) Large lot zoning which establishes minimum lot sizes for each residence of at least ten acres for each dwelling unit;

(4) Quarter/quarter zoning which allows one residential dwelling on one acre for each forty acres; and

(5) Sliding scale zoning which concentrates development on smaller lots by allowing additional lots for single family residential purposes as the size of the parcel increases. As the size of the parcel increases, the number of houses allowed in relation to the total acreage decreases.

Issue Paper 10

Buildable Lands

NEW SECTION. A new section is added to chapter 36.70A RCW:

(1) Upon periodic review under RCW 36.70A.130 or any other legislative review of an urban growth area, a comprehensive plan shall provide sufficient buildable lands within the urban growth areas established pursuant to RCW 36.70A.110 to accommodate estimated needs including a variety of housing, commercial, and industrial types and densities for twenty years.

(2) As part of its next periodic review under RCW 36.70A.130 or any other legislative review of the urban growth area, a county shall:

(a) Inventory the supply of buildable lands within the urban growth area;

(b) Determine the actual density and the actual average mix of commercial, industrial, and residential development that have occurred within the urban growth area since the last periodic review or five years, whichever is greater; and

(c) Conduct an analysis of commercial, industrial, and housing need by type and density range to determine the amount of land needed for commercial, industrial, and housing for the next twenty years.

(3) If the determination required by subsection (2) of this section indicates that the urban growth area does not contain sufficient buildable lands to accommodate commercial, industrial, and housing needs for twenty years at the actual developed density that has occurred since the last periodic review, the county shall amend its comprehensive plan or development regulations to include new, incentive-based measures that demonstrably increase the likelihood that commercial, industrial, and residential development will occur at densities sufficient to accommodate commercial, industrial, and housing needs for twenty years without expansion of the urban growth area. A county that takes this action shall monitor and record the level of development activity and development density by commercial, industrial, and housing type following the date of the adoption of the new measures.

(4) If the monitoring required by subsection (3) of this section shows that the incentives taken pursuant to subsection (3) have not increased the likelihood that commercial, industrial, and housing densities will be achieved, the county may consider amendment of its urban growth area to include sufficient buildable lands to accommodate commercial, industrial, and housing needs for twenty years at the actual developed density during the period since the last periodic review or within the last five years, whichever is greater. As part of this process, the amendment shall include sufficient land reasonably necessary to accommodate the siting of new public school facilities.

(4) A county that takes any actions under subsection (3) of this section shall demonstrate that the comprehensive plan and development regulations comply with goals and rules adopted under this chapter.

Issue Paper 11

Incentives

Annexation

RCW 35.13.130 Direct petition method--Petition--Signers-- Content. A petition for annexation of an area contiguous to a city or town may be made in writing addressed to and filed with the legislative body of the municipality to which annexation is desired. Except where all the property sought to be annexed is property of a school district, and the school directors thereof file the petition for annexation as in RCW 28A.335.110 authorized, and except where the property to be annexed is within an urban growth area designated under RCW 36.70A.110, the petition must be signed by the owners of not less than seventy-five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned When the property to be annexed is within an urban growth area designated under RCW 36.70A.110, the petition must be signed by the owners of not less than sixty percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned: PROVIDED, That in cities and towns with populations greater than one hundred sixty thousand located east of the Cascade mountains, the owner of tax exempt property may sign an annexation petition and have the tax exempt property annexed into the city or town, but the value of the tax exempt property shall not be used in calculating the sufficiency of the required property owner signatures unless only tax exempt property is proposed to be annexed into the city or town. The petition shall set forth a description of the property according to government legal subdivisions or legal plats which is in compliance with RCW 35.02.170, and shall be accompanied by a plat which outlines the boundaries of the property sought to be annexed. If the legislative body has required the assumption of all or of any portion of city or town indebtedness by the area annexed, and/or the adoption of a comprehensive plan for the area to be annexed, these facts, together with a quotation of the minute entry of such requirement or requirements shall be set forth in the petition.

RCW 35A.14.295 Annexation of unincorporated island of territory within code city--Resolution--Notice of hearing. (( When there is, within)) (1) The legislative body of a code city((,)) may resolve to annex territory to the city when there is within the city, unincorporated territory:

(a) containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the code city((, the legislative body may resolve to annex such territory to the code city)); or

(b) Of any size and having at least eighty percent of the boundaries of such area contiguous to the city if such area existed before June 30, 1994, and is within the same county and within the same urban growth area designated under RCW 36.70A.110, and the city was planning under chapter 36.70A RCW as of June 30, 1994.

(2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and set a date for a public hearing on such resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the code city and one or more newspapers of general circulation within the area to be annexed.

(3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water shall be considered contiguous.

NEW SECTION. Added to chapter 35.13 RCW.

(1) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may resolve to annex territory to the city or town when there is, within the city or town, unincorporated territory within the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town:

(a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or

(b) Of any size and having at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994.

(2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks prior to the date of the hearing, in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed.

(3) Territory bounded by a river, lake, or other body of water shall be considered contiguous.

RCW 35.13.172 When review procedure may be dispensed with. Whenever a petition is filed as provided in RCW 35.13.020 or a resolution is adopted by the city or town council, as provided in RCW 35.13.015, and the area proposed for annexation is less than ten acres and less than eight hundred thousand dollars in assessed valuation, or when the proposed annexation is of contiguous territory within the same urban growth area designated under RCW 36.70A.110 as the city or town, such review procedures shall be dispensed with.

RCW 35.13.174 Date for annexation election if review board's determination favorable. Upon receipt by the board of county commissioners of a determination by a majority of the review board favoring annexation of the proposed area that has been initiated by resolution pursuant to RCW 35.13.015 by the city or town legislative body, the board of county commissioners, or the city or town legislative body for any city or town within an urban growth area designated under RCW 36.70A.110, shall fix a date on which an annexation election shall be held, which date will be not less than thirty days nor more than sixty days thereafter.

RCW 35A.14.220 When review procedure may be dispensed with. Annexations under the provisions of RCW 35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall not be subject to review by the annexation review board: PROVIDED, That in any county in which a boundary review board is established under chapter 36.93 RCW all annexations shall be subject to review except as provided for in RCW 36.93.110. When the proposed annexation is of contiguous territory within the same urban growth area designated under RCW 36.70A.110 as the city, review procedures shall not be required. When the area proposed for annexation in a petition or resolution, initiated and filed under any of the methods of initiating annexation authorized by this chapter, is less than fifty acres or less than two million dollars in assessed valuation, review procedures shall not be required as to such annexation proposal, except as provided in chapter 36.93 RCW in those counties with a review board established pursuant to chapter 36.93 RCW: PROVIDED, That when an annexation proposal is initiated by the direct petition method authorized by RCW 35A.14.120, review procedures shall not be required without regard to acreage or assessed valuation, except as provided in chapter 36.93 RCW in those counties with a boundary review board established pursuant to chapter 36.93 RCW.

RCW 36.93.105 Actions not subject to review by board. The following actions shall not be subject to potential review by a boundary review board:

(1) Annexations of territory to a water or sewer district pursuant to RCW 36.94.410 through 36.94.440;

(2) Annexations of territory to a city or town when the proposed annexation is of contiguous territory within the same urban growth area designated under RCW 36.70A.110 as the city or town;

(3) Revisions of city or town boundaries pursuant to RCW 35.21.790 or 35A.21.210;

(((3))) (4) Adjustments to city or town boundaries pursuant to RCW 35.13.340; and

(((4))) (5) Adjustments to city and town boundaries pursuant to RCW 35.13.300 through 35.13.330.

Issue Paper 11

Multi-Family Housing

RCW 84.14.010 Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "City" means a city or town with a population of at least ((one hundred fifty)) thirty-five thousand located in a county planning under the growth management act.

(2) "Governing authority" means the local legislative authority of a city having jurisdiction over the property for which an exemption may be applied for under this chapter.

(3) "Growth management act" means chapter 36.70A RCW.

(4) "Multiple-unit housing" means a building having four or more dwelling units not designed or used as transient accommodations and not including hotels and motels. Multifamily units may result from new construction or rehabilitated or conversion of vacant, underutilized, or substandard buildings to multifamily housing.

(5) "Owner" means the property owner of record.

(6) "Permanent residential occupancy" means multiunit housing that provides either rental or owner occupancy on a nontransient basis. This includes owner-occupied or rental accommodation that is leased for a period of at least one month. This excludes hotels and motels that predominately offer rental accommodation on a daily or weekly basis.

(7) "Rehabilitation improvements" means modifications to existing structures, that are vacant for twelve months or longer, that are made to achieve a condition of substantial compliance with existing building codes or modification to existing occupied structures which increase the number of multifamily housing units.

(8) "Residential targeted area" means an area within an urban center that has been designated by the governing authority as a residential targeted area in accordance with this chapter.

(9) "Substantial compliance" means compliance with local building or housing code requirements that are typically required for rehabilitation as opposed to new construction.

(10) "Urban center" means a compact identifiable district where urban residents may obtain a variety of products and services. An urban center must contain:

(a) Several existing or previous, or both, business establishments that may include but are not limited to shops, offices, banks, restaurants, governmental agencies;

(b) Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer systems; and

(c) A mixture of uses and activities that may include housing, recreation, and cultural activities in association with either commercial or office, or both, use.

[1995 c 375 § 3.]

November 7, 1996