H-3578.2 _______________________________________________
HOUSE BILL 2344
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Representatives Reams, Dyer and Sullivan
Read first time 01/12/98. Referred to Committee on House Government Reform & Land Use.
AN ACT Relating to local government land use permitting; and amending RCW 35A.63.110, 36.70.810, 36.70.830, 36.70.860, 36.70.880, 36.70.890, 58.17.020, 58.17.060, 58.17.090, 58.17.095, and 58.17.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 35A.63.110 and 1979 ex.s. c 18 s 34 are each amended to read as follows:
A
code city which pursuant to this chapter creates a planning agency and which
has twenty-five hundred or more inhabitants, by ordinance, shall create a board
of adjustment and provide for its membership, terms of office, organization, and
jurisdiction. A code city which pursuant to this chapter creates a planning
agency and which has a population of less than twenty‑five hundred may,
by ordinance, similarly create a board of adjustment. In the event a code city
with a population of less than twenty-five hundred creates a planning agency,
but does not create a board of adjustment, the code city shall provide that the
city legislative authority shall itself hear and decide the items listed in ((subdivisions))
subsections (1), (2), and (3) of this section. The action of the board
of adjustment shall be final and conclusive, unless((, within ten days from
the date of the action, the original applicant or an adverse party makes
application to the superior court for the county in which that city is located
for a writ of certiorari, a writ of prohibition, or a writ of mandamus)) a
land use petition is filed with a superior court as provided in chapter 36.70C
RCW. No member of the board of adjustment shall be a member of the
planning agency or the legislative body. Subject to conditions, safeguards,
and procedures provided by ordinance, the board of adjustment may be empowered
to hear and decide:
(1) Appeals from orders, recommendations, permits, decisions, or determinations made by a code city official in the administration or enforcement of the provisions of this chapter or any ordinances adopted pursuant to it.
(2) Applications for variances from the terms of the zoning ordinance, the official map ordinance or other land-use regulatory ordinances under procedures and conditions prescribed by city ordinance, which among other things shall provide that no application for a variance shall be granted unless the board of adjustment finds:
(a)
The variance shall not constitute a grant of special privilege inconsistent
with the limitation upon uses of other properties in the vicinity and zone in
which the property on behalf of which the application was filed is located; ((and))
(b) That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
(c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
(3) Applications for conditional-use permits, unless such applications are to be heard and decided by the planning agency. A conditional use means a use listed among those classified in any given zone but permitted to locate only after review as herein provided in accordance with standards and criteria set forth in the zoning ordinance.
(4) Such other quasi judicial and administrative determinations as may be delegated by ordinance.
In deciding any of the matters referred to in subsections (1), (2),
(3), and (4) of this section, the board of adjustment shall issue a written
report giving the reasons for its decision. If a code city provides for a
hearing examiner and vests in him or her the authority to hear and
decide the items listed in ((subdivisions)) subsections (1), (2),
and (3) of this section pursuant to RCW 35A.63.170, then the provisions of this
section shall not apply to such a city.
Sec. 2. RCW 36.70.810 and 1963 c 4 s 36.70.810 are each amended to read as follows:
The
board of adjustment, subject to chapter 36.70B RCW and to appropriate
conditions and safeguards as provided by the zoning ordinance or the ordinance
establishing the board of adjustment, if there be such, ((shall)) may
hear and decide:
(1) Applications for conditional uses or other permits when the zoning ordinance sets forth the specific uses to be made subject to conditional use permits and establishes criteria for determining the conditions to be imposed;
(2)
Application for variances from the terms of the zoning ordinance: PROVIDED,
That any variance granted shall be subject to such conditions as will assure
that the adjustment thereby authorized shall not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the
vicinity and zone in which subject property is situated, and that the following
circumstances are found to apply((;)):
(a) Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification;
(b)
That the granting of the variance will not be materially detrimental to
the public welfare or injurious to the property or improvements in the vicinity
and zone in which subject property is situated((.));
(3) Appeals, where it is alleged by the applicant that there is error in any order, requirement, permit, decision, or determination made by an administrative official in the administration or enforcement of this chapter or any ordinance adopted pursuant to it.
Sec. 3. RCW 36.70.830 and 1963 c 4 s 36.70.830 are each amended to read as follows:
Except
as otherwise provided in chapter 36.70B RCW, appeals may be taken to the
board of adjustment by any person aggrieved, or by any officer, department,
board, or bureau of the county affected by any decision of an
administrative official. Such appeals shall be filed in writing in duplicate
with the board of adjustment within ((twenty)) fourteen days of
the date of the action being appealed.
Sec. 4. RCW 36.70.860 and 1963 c 4 s 36.70.860 are each amended to read as follows:
In exercising the powers granted by RCW 36.70.810 and 36.70.820, the board of adjustment may, in conformity with this chapter and chapter 36.70B RCW, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, insofar as the decision on the particular issue is concerned.
Sec. 5. RCW 36.70.880 and 1963 c 4 s 36.70.880 are each amended to read as follows:
Except
as otherwise provided in chapter 36.70B RCW, the action by the zoning adjustor
on all matters coming before him or her shall be final and conclusive
unless within ((ten)) fourteen days after the zoning adjustor has
made his or her order, requirement, decision, or determination,
an appeal in writing is filed with the board of adjustment. Such an appeal may
be taken by the original applicant, or by opponents of record in the case.
Sec. 6. RCW 36.70.890 and 1963 c 4 s 36.70.890 are each amended to read as follows:
The
action by the board of adjustment on an application for a conditional use
permit or a variance, or on an appeal from the decision of the zoning adjustor
or an administrative officer shall be final and conclusive unless ((within
ten days from the date of said action the original applicant or an adverse
party makes application to a court of competent jurisdiction for a writ of
certiorari, a writ of prohibition or a writ of mandamus)) a land use
petition is filed with superior court as provided in chapter 36.70C RCW.
Sec. 7. RCW 58.17.020 and 1995 c 32 s 2 are each amended to read as follows:
As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.
(1) "Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership, except as provided in subsection (6) of this section.
(2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets and alleys, or other divisions and dedications.
(3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat or short plat showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.
A dedication of an area of less than two acres for use as a public park may include a designation of a name for the park, in honor of a deceased individual of good character.
(4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.
(5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.
(6)
"Short subdivision" is the division or redivision of land into four
or fewer lots, tracts, parcels, sites, or divisions for the purpose of
sale, lease, or transfer of ownership((: PROVIDED, That)). However,
the legislative authority of any city or town may by local ordinance increase
the number of lots, tracts, or parcels to be regulated as short subdivisions to
a maximum of nine and the legislative authority of any county planning under
RCW 36.70A.040 may by ordinance increase the number of lots, tracts, or parcels
to be regulated as short subdivisions to a maximum of nine in any urban growth
area designated by the county in compliance with chapter 36.70A RCW.
(7) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the site plan; and (c) contains provisions making any development be in conformity with the site plan.
(8) "Short plat" is the map or representation of a short subdivision.
(9) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.
(10) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries.
(11) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter.
(12) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter.
(13) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter.
(14)
"Planning commission" means that body as defined in chapter((s))
36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a
planning function or that body assigned such duties and responsibilities under
a city or county charter.
(15) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter.
Sec. 8. RCW 58.17.060 and 1990 1st ex.s. c 17 s 51 are each amended to read as follows:
(1)
The legislative body of a city, town, or county shall adopt regulations and
procedures, and appoint administrative personnel for the summary approval of
short plats and short subdivisions or alteration or vacation thereof. When an
alteration or vacation involves a public dedication, the alteration or vacation
shall be processed as provided in RCW 58.17.212 or 58.17.215. Such regulations
shall be adopted by ordinance and shall provide that a short plat and short
subdivision may be approved only if written findings that are appropriate, as
provided in RCW 58.17.110, are made by the administrative personnel, and may
contain wholly different requirements than those governing the approval of
preliminary and final plats of subdivisions and may require surveys and
monumentations and shall require filing of a short plat, or alteration or
vacation thereof, for record in the office of the county auditor: PROVIDED,
That such regulations must contain a requirement that land in short
subdivisions may not be further divided in any manner within a period of five
years without the filing of a final plat, except that when the short plat
contains fewer than ((four parcels)) the maximum number of lots,
tracts, or parcels permitted by local ordinance under RCW 58.17.020(6),
nothing in this section shall prevent the owner who filed the short plat from
filing an alteration within the five-year period to create up to a total of ((four
lots)) the maximum number of lots, tracts, or parcels permitted by local
ordinance under RCW 58.17.020(6) within the original short plat
boundaries: PROVIDED FURTHER, That such regulations are not required to
contain a penalty clause as provided in RCW 36.32.120 and may provide for
wholly injunctive relief.
An ordinance requiring a survey shall require that the survey be completed and filed with the application for approval of the short subdivision.
(2) Cities, towns, and counties shall include in their short plat regulations and procedures pursuant to subsection (1) of this section provisions for considering sidewalks and other planning features that assure safe walking conditions for students who walk to and from school.
Sec. 9. RCW 58.17.090 and 1995 c 347 s 426 are each amended to read as follows:
(1)
((Upon)) Following receipt of an application for preliminary plat
approval the administrative officer charged by ordinance with responsibility
for administration of regulations pertaining to platting and subdivisions shall
provide public notice and set a date for ((a public)) an open record
hearing. Except as provided in RCW 36.70B.110, at a minimum, notice of the open
record hearing shall be given in the following manner:
(a) Notice shall be published not less than ten days prior to the open record hearing in a newspaper of general circulation within the county and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; and
(b) Special notice of the open record hearing shall be given to adjacent landowners by any other reasonable method local authorities deem necessary. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection (1)(b) shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided.
(2) All open record hearings shall be public. All open record hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.
Sec. 10. RCW 58.17.095 and 1986 c 233 s 1 are each amended to read as follows:
(1)
A county, city, or town may adopt an ordinance providing for the administrative
review of a preliminary plat without ((a public)) an open record
hearing by adopting an ordinance providing for such administrative review. The
ordinance may specify a threshold number of lots in a subdivision above which
((a public)) an open record hearing must be held, and may specify
other factors which necessitate the holding of ((a public)) an open
record hearing.
(2) The administrative review process shall include the following minimum conditions:
(((1)))
(a) Except as otherwise provided in this subsection, The notice
requirements of RCW 36.70B.110 and 58.17.090 shall be followed((,
except that the)).
(b) In a county, city, or town not planning under RCW 36.70A.040:
(i)
Publication shall be made within ten days of the filing of the
application((. Additionally,)); and
(ii) At least ten days after the filing of the application notice both shall be:
(((a)))
(A) Posted on or around the land proposed to be subdivided in at least
five conspicuous places designed to attract public awareness of the proposal;
and
(((b)))
(B) Mailed to the owner of each lot or parcel of property located within
at least three hundred feet of the site. The applicant shall provide the
county, city, or town with a list of such property owners and their addresses.
(c)
The notice shall include notification that no ((public)) open record
hearing will be held on the application, except as provided by this section.
The notice shall set out the procedures and time limitations for persons to
require ((a public)) an open record hearing and make comments.
(((2)))
(3) Any person shall have a period of twenty days from the date of the
notice to comment upon the proposed preliminary plat or a period of not less
than fourteen nor more than thirty days for a city, county, or town planning
under RCW 36.70A.040. All comments received shall be provided to the
applicant. The applicant has seven days from receipt of the comments to
respond thereto.
(((3)
A public)) (4) An open record hearing on the proposed subdivision
shall be held if any person files a request for a hearing with the county,
city, or town within twenty-one days of the publishing of such notice. If ((such
a)) an open record hearing is requested, notice requirements for the
((public)) hearing shall be in conformance with RCW 58.17.090, and the
((ninety-day)) period for approval or disapproval of the proposed
subdivision provided for in RCW 58.17.140 shall commence with the date of the
filing of the request for ((a public)) an open record hearing.
Any hearing ordered under this subsection shall be conducted by the planning
commission or hearings officer as required by county or city ordinance.
(((4)))
(5) On its own initiative within twenty-one days of the filing of the
request for approval of the subdivision, the governing body, or a designated
employee or official, of the county, city, or town, shall be authorized to
cause ((a public)) an open record hearing to be held on the
proposed subdivision within ninety days of the filing of the request for the
subdivision.
(((5)))
(6) If the ((public)) open record hearing is waived as
provided in this section, the planning commission or planning agency shall
complete the review of the proposed preliminary plat and transmit its
recommendation to the legislative body as provided in RCW 58.17.100.
Sec. 11. RCW 58.17.100 and 1995 c 347 s 428 are each amended to read as follows:
(1)(a)
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. Except as provided in (b) of this subsection, reports of the
planning commission or agency shall be advisory only((: PROVIDED, That)).
(b) 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 open record hearings, and recommendations for approval or disapproval of preliminary plats of proposed subdivisions.
((Such))
(2) A recommendation made pursuant to subsection (1) of this section
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)) closed record appeal where
it shall consider the recommendations of the hearing body and may adopt or
reject the recommendations of ((such)) the hearing body based on
the record established at the ((public)) open record hearing.
If, after considering the matter ((at a public meeting)) in a closed
record appeal, 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 legislative body shall adopt its own
recommendations and approve or disapprove the preliminary plat.
(3) 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.
(4)
A record of all ((public meetings and public hearings)) open record
hearings and closed record appeals shall be kept by the appropriate city,
town, or county authority and shall be open to public inspection.
(5) Sole authority ((to approve final plats, and)) to
adopt or amend platting ordinances shall reside in the legislative bodies.
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