2344-S.E AMS ANDE S5478.1

ESHB 2344 - S AMD TO S GO COMM AMD (S-5236.2/98) - 946

By Senators Anderson and Zarelli

    On page 16, after line 16 of the amendment, insert the following:

    "Sec. 15.  RCW 36.70B.030 and 1995 c 347 s 404 are each amended to read as follows:

    (1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review.  The review of a proposed project's consistency with applicable development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under RCW 36.70B.040 shall incorporate the determinations under this section.

    (2) During project review, a local government or any subsequent reviewing body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations the adopted comprehensive plan.  At a minimum, such applicable regulations or plans shall be determinative of the:

    (a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;

    (b) Density of residential development in urban growth areas; ((and))

    (c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by chapter 36.70A RCW; and

(d) Protection of critical areas.

    (3) During project review, the local government or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the items identified in subsection (2) of this section, except for issues of code interpretation.  As part of its project review process, a local government shall provide a procedure for obtaining a code interpretation as provided in RCW 36.70B.110.

    (4) Pursuant to RCW 43.21C.240, a local government may determine that the requirements for environmental analysis and mitigation measures in development regulations other than those identified in subsection (2) of this section and other applicable laws provide adequate mitigation for some or all of the project's specific adverse environmental impacts to which the requirements apply.

    (5) Except as provided in subsection (4) of this section, nothing in this section limits the authority of a permitting agency to approve, condition, or deny a project as provided in its development regulations adopted under chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060.  Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.

    (6) Subsections (1) through (4) of this section apply only to local governments planning under RCW 36.70A.040.

    Sec. 16.  RCW 36.70B.040 and 1997 c 429 s 46 are each amended to read as follows:

    (1) A proposed project's consistency with a local government's development regulations adopted under chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan adopted under chapter 36.70A RCW shall be decided by the local government during project review by consideration of:

    (a) The type of land use;

    (b) The level of development, such as units per acre or other measures of density;

    (c) Infrastructure, including public facilities and services needed to serve the development; ((and))

    (d) The characteristics of the development, such as development standards; and

(e) Protection of critical areas.

    (2) In deciding whether a project is consistent, the determinations made pursuant to RCW 36.70B.030(2) shall be controlling.

    (3) For purposes of this section, the term "consistency" shall include all terms used in this chapter and chapter 36.70A RCW to refer to performance in accordance with this chapter and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.

    (4) Nothing in this section requires documentation, dictates an agency's procedures for considering consistency, or limits a  city or county from asking more specific or related questions with respect to any of the four main categories listed in subsection (1)(a) through (d) of this section.

    (5) The department of community, trade, and economic development is authorized to develop and adopt by rule criteria to assist local governments planning under RCW 36.70A.040 to analyze the consistency of project actions.  These criteria shall be jointly developed with the department of ecology.

    Sec. 17.  RCW 43.21C.240 and 1995 c 347 s 202 are each amended to read as follows:

    (1) A local government planning under chapter 36.70A RCW may not impose mitigation under this chapter during project review to address the fundamental land use planning choices identified in RCW 36.70B.030(2).

(2) Except as provided in subsection (1) of this section, if the requirements of subsection (((2))) (3) of this section are satisfied, a county, city, or town reviewing a project action may determine that the requirements for environmental analysis, protection, and mitigation measures in the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws and rules provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply.

    (((2))) (3) A county, city, or town may make the determination provided for in subsection (((1))) (2) of this section if:

    (a) In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and

    (b) The local government bases or conditions its approval on compliance with these requirements or mitigation measures.

    (((3))) (4) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsections (((1) and)) (2) and (3) of this section, the county, city, or town shall not impose additional mitigation under this chapter during project review.  Project review shall be integrated with environmental analysis under this chapter.

    (((4))) (5) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address an impact if the county, city, or town, through the planning and environmental review process under chapter 36.70A RCW and this chapter, has identified the specific adverse environmental impacts and:

    (a) The impacts have been avoided or otherwise mitigated; or

    (b) The legislative body of the county, city, or town has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.

    (((5))) (6) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the county, city, or town shall consult orally or in writing with that agency and may expressly defer to that agency.  In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.

    (((6))) (7) Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.

    (((7))) (8) This section shall apply only to a county, city, or town planning under RCW 36.70A.040."

ESHB 2344 - S AMD TO S GO COMM AMD (S-5236.2/98) - 946

By Senators Anderson and Zarelli

    On page 16, line 23 of the title amendment, after "58.17.100," strike "and 36.70B.090; and" and insert "36.70B.090, 36.70B.030, 36.70B.040, and 43.21C.240;"

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