H-2798.1

HOUSE BILL 2468

ByRepresentatives Jacobsen, Chambers, Alvarado, Griffey, Senn, Corry, Stokesbary, Couture, and Bateman

AN ACT Relating to siting of child care facilities; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.70 RCW; and creating a new section.

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

(2) Counties and cities are required to make comprehensive plans, development regulations, and zoning choices for development in their communities. Many of these planning laws are inflexible and not easily modified because of the many layers of comprehensive plans, state statutes and rules, local ordinances, and court case precedents that have expanded throughout the decades.

(3) The legislature declares that child care centers are a community priority that can be sited near elementary schools in an expedient manner.

NEW SECTION.  Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:

(1)(a) Cities and towns must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements in this section no later than six months after their next periodic comprehensive plan update required under RCW 36.70A.130, or within one year of the effective date of this section if not a city or town planning under chapter 36.70A RCW.

(b) The requirements in this section supersede, preempt, and invalidate any conflicting state or local government regulations.

(2) Cities and towns are authorized to permit or license child care centers to be located near or in zones where there is an elementary school.

(3) For child care centers located near or in zones where there is an elementary school, the city or town may not:

(a) Impose requirements that are not generally applicable to other child care centers;

(b) Designate it a conditional use that requires a conditional use permit, variance, or more lengthy review process;

(c) Deny a permit application due to nonconformities unless the city or town official with decision-making authority makes written findings that the child care center will cause a significant detriment to the surrounding area; or

(d) Require a transportation concurrency study under RCW 36.70A.070 or an environmental study under chapter 43.21C RCW.

(4) For the purposes of this section:

(a) "Child care center" means a child day care center, child care center, family day care home, or mini-day care.

(b) "City" means any unclassified, first-class, or second-class city.

NEW SECTION.  Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:

(1)(a) Code cities must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements in this section no later than six months after its next periodic comprehensive plan update required under RCW 36.70A.130, or within one year of the effective date of this section if not a code city planning under chapter 36.70A RCW.

(b) The requirements in this section supersede, preempt, and invalidate any conflicting state or local government regulations.

(2) Code cities are authorized to permit or license child care centers to be located near or in zones where there is an elementary school.

(3) For child care centers located near or in zones where there is an elementary school, the code city may not:

(a) Impose requirements that are not generally applicable to other child care centers;

(b) Designate it a conditional use that requires a conditional use permit, variance, or more lengthy review process;

(c) Deny a permit application due to nonconformities unless the code city official with decision-making authority makes written findings that the child care center will cause a significant detriment to the surrounding area; or

(d) Require a transportation concurrency study under RCW 36.70A.070 or an environmental study under chapter 43.21C RCW.

(4) For the purposes of this section "child care center" means a child day care center, child care center, family day care home, or mini-day care.

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

(1)(a) All counties must adopt or amend by ordinance, and incorporate into their development regulations, zoning regulations, and other official controls, the requirements in this section no later than six months after its next periodic comprehensive plan update required under RCW 36.70A.130 or within one year of the effective date of this section if not a county planning under chapter 36.70A RCW.

(b) The requirements in this section supersede, preempt, and invalidate any conflicting state or local government regulations.

(2) Counties are authorized to permit or license child care centers to be located near or in zones where there is an elementary school.

(3) For child care centers located near or in zones where there is an elementary school, the county may not:

(a) Impose requirements that are not generally applicable to other child care centers;

(b) Designate it a conditional use that requires a conditional use permit, variance, or more lengthy review process;

(c) Deny a permit application due to nonconformities unless the county official with decision-making authority makes written findings that the child care center will cause a significant detriment to the surrounding area; or

(d) Require a transportation concurrency study under RCW 36.70A.070 or an environmental study under chapter 43.21C RCW.

(4) For the purposes of this section, "child care center" means a child day care center, child care center, family day care home, or mini-day care.

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