AN ACT Relating to land use controls; amending RCW 58.17.140 and 58.17.100; adding a new section to chapter 58.17 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 35.63 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 58.17 RCW to read as follows:

(1) The legislative body of any city or county may, at its option, adopt procedural rules and regulations for the administrative review of preliminary plats without a public hearing: (a) When the preliminary plat submitted for approval is within an area where a comprehensive or community development plan has been adopted; (b) when the preliminary plat is in conformance with the comprehensive or community development plan and does not exceed the density designated within that plan; (c) when the lots within the preliminary plat meet all zoning requirements; and (d) when all the requirements of the state environmental protection act have been met.

(2) The notice requirements of RCW 58.17.090 shall be followed, and the notice must apprise recipients that they have a period of twenty days following notice for comments to be made. Any comments received shall be provided to the applicant, and the applicant shall have seven days after receipt to respond to comments. Those persons who made comments shall be given notification of the recommendation for approval or disapproval of the plat application.

(3) The notice required by RCW 58.17.090 shall include notification that no public hearing will be held on the application, except as provided under this section. Any person receiving notice under subsection (2) of this section may file within seven days of the date of the notice a request for a public hearing with the legislative body. The request shall include the reasons why a public hearing should be required. The legislative body shall act on any request for a public hearing within twenty-one days of the issuance of the notice under subsection (2) of this section and may require a public hearing.

The legislative body shall send the applicant a copy of the request for a public hearing, and shall notify the applicant, and the person filing the request for the hearing, of the date on which the request will be considered by the legislative body. The time limitation established by RCW 58.17.140 shall be tolled for a period not to exceed twenty-one days while the request is under consideration.

(4) If the public hearing is waived as provided in subsection (1) of this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat, and transmit its recommendation to the legislative authority as provided in RCW 58.17.100.

Sec. 2. Section 14, chapter 271, Laws of 1969 ex. sess. as last amended by section 3, chapter 121, Laws of 1983 and RCW 58.17.140 are each amended to read as follows:

Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is tolled under section 1(3) of this 1985 act: PROVIDED, That if an environmental impact statement is required as provided in RCW 43.21C.030, the ninety day period shall not include the time spent preparing and circulating the environmental impact statement by the local government agency. Final plats and short plats shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within three years of the date of preliminary plat approval: PROVIDED, That this three-year time period shall retroactively apply to any preliminary plat pending before a city, town, or county as of July 24, 1983, where the authority to proceed with the filing of a final plat has not lapsed under an applicable city, town, or county ordinance containing a shorter time period that was in effect when the preliminary plat was approved. An applicant who files a written request with the legislative body of the city, town, or county at least thirty days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow other extensions of time that may or may not contain additional or altered conditions and requirements.

Sec. 3. Section 10, chapter 271, Laws of 1969 ex. sess. as amended by section 6, chapter 293, Laws of 1981 and RCW 58.17.100 are each amended to read as follows:

If a city, town or county has established a planning commission or planning agency in accordance with state law or local charter, such commission or agency shall review all preliminary plats and make recommendations thereon to the city, town or county legislative body to assure conformance of the proposed subdivision to the general purposes of the comprehensive plan and to planning standards and specifications as adopted by the city, town or county. Reports of the planning commission or agency shall be advisory only: PROVIDED, That the legislative body of the city, town or county may, by ordinance, assign to such commission or agency, or any department official or group of officials, such administrative functions, powers and duties as may be appropriate, including the holding of hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions.

Such recommendation shall be submitted to the legislative body not later than fourteen days following action by the hearing body. Upon receipt of the recommendation on any preliminary plat the legislative body shall at its next public meeting set the date for the public meeting where it may adopt or reject the recommendations of such hearing body. If, after considering the matter at a public meeting, the legislative body deems a change in the planning commission's or planning agency's recommendation approving or disapproving any preliminary plat is necessary, the change of the recommendation shall not be made until the legislative body shall conduct a public hearing and thereupon adopt its own recommendations and approve or disapprove the preliminary plat. Such public hearing may be held before a committee constituting a majority of the legislative body. If the hearing is before a committee, the committee shall report its recommendations on the matter to the legislative body for final action.

Every decision or recommendation made under this section shall be in writing and shall include findings of fact and conclusions to support the decision or recommendation.

A record of all public meetings and public hearings shall be kept by the appropriate city, town or county authority and shall be open to public inspection.

Sole authority ((~~to approve final plats, and~~)) to adopt or amend platting ordinances shall reside in the legislative bodies. The legislative body may delegate the authority to approve final plats to the director of the planning agency.

NEW SECTION. Sec. 4. A new section is added to chapter 36.70 RCW to read as follows:

If, in the review of a land use permit application, adverse impacts are identified that are not regulated by ordinances, resolutions, or policies that have been adopted by the county, the adverse impacts so identified shall be mitigated, provided that:

(1) Conditions shall be related to specific, adverse impacts clearly identified in an analytical document of the proposal and stated in writing by the decision-maker;

(2) Conditions shall be reasonable and capable of being accomplished;

(3) Responsibility for implementing conditions may be imposed upon an applicant only to the extent attributable to the identified adverse impacts of its proposal; and

(4) To deny a proposal, a decision-maker must find that: (a) The proposal would be likely to result in significant adverse impact identified in a final or supplemental environmental impact statement or other analytical document; (b) reasonable conditions of approval as defined above are insufficient to mitigate the identified impact; and (c) the proposal is in conflict with an adopted regulatory measure.

NEW SECTION. Sec. 5. A new section is added to chapter 35.63 RCW to read as follows:

(1) Conditions shall be related to specific, adverse impacts clearly identified in an analytical document of the proposal and stated in writing by the decision-maker;

(2) Conditions shall be reasonable and capable of being accomplished;

(3) Responsibility for implementing conditions may be imposed upon an applicant only to the extent attributable to the identified adverse impacts of its proposal; and

NEW SECTION. Sec. 6. This act does not affect the provisions of RCW 82.02.020.