1305.E AMS HAUG S3302.1
EHB 1305 - S AMD 366
By Senators Haugen, Owen, Winsley, Hargrove, McCaslin and Snyder
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 36.70A.110 and 1994 c 249 s 27 are each amended to read as follows:
(1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.
(2)
Based upon the ((population)) growth management ((planning))
population projection made for the county by the office of financial
management, the urban growth areas in the county shall include areas and
densities sufficient to permit the urban growth that is projected to occur in
the county for the succeeding twenty-year period. Each urban growth area shall
permit urban densities and shall include greenbelt and open space areas. An
urban growth area determination may include a reasonable land market supply
factor and shall permit a range of urban densities and uses. In determining
this market factor, cities and counties may consider local circumstances.
Cities and counties have discretion in their comprehensive plans to make many
choices about accommodating growth.
Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
(3)
Urban growth should be located first in areas already characterized by urban
growth that have adequate existing public facility and service
capacities to serve such development, ((and)) second in areas already
characterized by urban growth that will be served adequately by a
combination of both existing public facilities and services and any additional
needed public facilities and services that are provided by either public or
private sources, and third in the remaining portions of the urban growth
areas. Urban growth may also be located in designated new fully contained
communities as defined by RCW 36.70A.350. ((Further, it is))
(4)
In general, cities are the units of local government most appropriate ((that))
to provide urban ((government)) governmental services ((be
provided by cities, and)). In general, it is not appropriate that
urban ((government)) governmental services ((should not))
be ((provided)) extended to or expanded in rural areas except
in those limited circumstances shown to be necessary to protect basic public
health and safety and the environment and when such services are financially
supportable at rural densities and do not permit urban development.
(((4)))
(5) On or before October 1, 1993, each county that was initially
required to plan under RCW 36.70A.040(1) shall adopt development regulations
designating interim urban growth areas under this chapter. Within three years
and three months of the date the county legislative authority of a county
adopts its resolution of intention or of certification by the office of
financial management, all other counties that are required or choose to plan
under RCW 36.70A.040 shall adopt development regulations designating interim
urban growth areas under this chapter. Adoption of the interim urban growth
areas may only occur after public notice; public hearing; and compliance with
the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110.
Such action may be appealed to the appropriate growth management hearings board
under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of
comprehensive plan adoption under this chapter.
(((5)))
(6) Each county shall include designations of urban growth areas in its
comprehensive plan.
(7) Any county with a population greater than one million may include as part of its urban growth areas established under this section any new fully contained community or planned development where the criteria for a new fully contained community under RCW 36.70A.350(1) are met and which prior to July 1, 1990, both: (a) Was designated or zoned potentially for urban growth activity under an officially adopted county plan; and (b) had a development application submitted to the county implementing that urban designation.
Sec. 2. RCW 36.70A.070 and 1990 1st ex.s. c 17 s 7 are each amended to read as follows:
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, 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 recognizing 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, and objectives for the preservation, improvement, and development of housing; (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) Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The rural element shall permit appropriate land uses that are compatible with the rural character of such lands and provide for a variety of rural densities and uses and may also provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural uses not characterized by urban growth.
(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 land transportation facilities and services, including transit alignments, 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. Sec. 3. A comprehensive plan adopted or amended before the effective date of this act shall be considered to be in compliance with RCW 36.70A.070 or 36.70A.110, as in effect before their amendment by this act, if the comprehensive plan is in compliance with RCW 36.70A.070 and 36.70A.110 as amended by this act. This section shall not be construed to alter the relationship between a county-wide planning policy and comprehensive plans as specified under RCW 36.70A.210.
As to any appeal relating to compliance with RCW 36.70A.070 or 36.70A.110 pending before a growth management hearings board on the effective date of this act, the board may take up to an additional ninety days to resolve such appeal. By mutual agreement of all parties to the appeal, this additional ninety-day period may be extended.
NEW SECTION. Sec. 4. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."
EHB 1305 - S AMD 366
By Senators Haugen, Owen, Winsley, Hargrove, McCaslin and Snyder
On page 1, line 1 of the title, after "management;" strike the remainder of the title and insert "amending RCW 36.70A.110 and 36.70A.070; creating a new section; and declaring an emergency."
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