SENATE BILL REPORT
ESHB 2929
BYHouse Committee on Appropriations (originally sponsored by Representatives Cantwell, R. Fisher, Brough, Haugen, Belcher, Ferguson, Nutley, Phillips, Horn, Rust, Wood, Winsley, Nelson, Locke, Appelwick, Leonard, Wineberry, Scott, Bennett, Pruitt, Cole, Crane, Heavey, Spanel, Forner, Holland, O'Brien, Hine, Fraser, Todd and Wang)
Enacting comprehensive growth planning provisions.
House Committe on Appropriations
Senate Committee on Governmental Operations
Senate Hearing Date(s):February 28, 1990
Majority Report: Do pass as amended.
Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; DeJarnatt, Patrick, Sutherland.
Senate Staff:Barbara Howard (786-7410)
March 1, 1990
AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, FEBRUARY 28, 1990
BACKGROUND:
As stated in the intent section, it is in the public interest for local governments to cooperate with one another in comprehensive land use planning to mitigate the threat of uncoordinated and unmanaged growth.
SUMMARY:
Washington's growth dichotomy, rapid growth in some areas and slow growth in others, is addressed by implementing provisions to manage growth where necessary and to encourage growth in areas not experiencing economic prosperity. Substantive changes that are made include: (1) statewide goals are provided; (2) comprehensive planning is mandatory for many local governments, and must be coordinated when appropriate; (3) transportation planning must be done regionally and coordinated with land use planning; (4) impact fees are authorized and the vesting doctrine is changed; (5) subdivision and platting law changes give local governments greater ability to analyze the impact of divisions of land on public facilities and services; (6) timber, agriculture, and water conservation measures are provided; and (7) rural communities are given greater capacity to build and absorb economic growth.
Goals. Policy goals are established that are applicable throughout the state. These goals guide the planning and zoning actions of local governments, but also guide all other actions. These goals attempt to contain urban sprawl, to protect sensitive areas, and to encourage economic development in rural areas.
Comprehensive Planning. Comprehensive planning and development regulations are mandatory for all counties (and the cities within such counties) with a population of 100,000 or more or with a growth rate in excess of 10 percent in the last 10 years. The plans must be adopted by July 1, 1993. Zoning ordinances must be consistent with, and implement, the plan within one year from the adoption of the comprehensive plan.
Counties and cities that are required to plan must make interim designations by July 1, 1991. These designations apply to: (1) lands with long-term significance for production of agricultural products, timber, or mineral resources; and (2) sensitive areas. Incompatible land uses must be prohibited. The Department of Community Development, after conducting public hearings and consulting with interested parties, must provide necessary definitions by July 1, 1990.
If other counties reach 100,000 in population or the 10 percent growth rate in a 10 year period, then they, and the cities within these counties, must make interim designations within one year and adopt comprehensive plans within three years (of reaching the threshold population or growth rate). Other counties can choose to comply with the planning requirements. If they do, they must designate land uses within one year and plan within three years (of choosing to comply), and the cities in that county must comply also.
Comprehensive plans must include:
1.Designation and protection of agricultural lands, forest lands, and mineral resource lands. If an area is removed from a forest lands designation, at least 10 percent of that area must be retained as a greenbelt;
2.Designation and protection of sensitive areas, such as wetlands and aquifer recharge areas;
3.Designation, by counties, of urban growth areas. Aggrieved cities may object to the Department of Community Development, which may mediate the dispute. Each city's comprehensive plan must allow urban densities. A county's comprehensive plan must allow urban densities within urban growth areas, and must preclude urban growth outside of urban growth areas;
4.Mandatory elements that include: (a) land use, including housing, public facilities, and public utilities sub- elements, and (b) transportation;
5.Coordination with adjacent counties and cities; and
6.Public participation in development of comprehensive plans and zoning ordinances.
7.Counties and cities that are required to adopt comprehensive plans must identify open space areas within urban growth areas, and must identify areas for public purposes, such as landfills, schools, transportation corridors, and utility corridors.
Transportation Planning. Regional Transportation Planning Organizations (RTPO) are authorized. These are voluntary associations of local governments within a county, or within geographically contiguous counties. The RTPOs: (1) certify that local comprehensive plans are consistent with regional transportation plans; (2) develop a regional transportation plan; and (3) assist the state Department of Transportation in ensuring that regional transportation plans are consistent statewide.
Impact Fees and Vesting. The prohibition preventing local governments from collecting impact fees to address increased public costs of new development is removed. Local governments are authorized to charge an impact fee or assess an excise tax to offset public costs associated with new development. The impact fees or excise taxes must be based on a formula to avoid double-charging developers, and the fees or taxes must be used within six years.
The vesting-of-rights doctrine is altered from the existing doctrine that allows a right to vest upon the submission of a less- than-complete application to a doctrine that requires both: (1) a permit be issued; and (2) substantial action be taken based on the permit.
Subdivision and Platting Changes. The Platting and Subdivision Act is altered. The minimum lot size of the smallest lot resulting from a division of land that necessitates review and approval is increased from less than five acres to less than 20 acres. Short subdivisions are eliminated, but counties and cities are permitted to adopt local ordinances allowing the administrative approval of certain subdivisions of land as follows: (1) cities may allow up to nine-lot subdivisions; (2) counties may allow two-lot subdivisions anywhere, up to nine-lot subdivisions in urban growth areas, or up to four-lot subdivisions if under current zoning each of the resulting lots is small enough so that it could not be further subdivided.
The standard of local government review for subdivisions is changed from one that allows local governments to deny the subdivision only under certain circumstances to one in which the subdivision may be approved only if written findings are made that adequate provisions have been made for public facilities and that the subdivision is in the public interest.
The "grandfathering" provision of current law that allows a lot created by a subdivision to remain subject to zoning, septic tank, and other standards that existed on the date of approval of the subdivision is eliminated.
Timber, Agriculture, and Water Conservation. The existing water right exemption that allows users of less than 5,000 gallons per day of well water to use water without obtaining a water right is eliminated. After July 1, 1990, the Department of Ecology must be notified 60 days prior to drilling a well. A permit may be required in areas that have ground water problems.
Water reservations that allow the applicant to reserve a water right to use a quantity of water in the future will be granted only when the applicant participates in comprehensive water supply planning.
An applicant must provide evidence of a water source for the building in order to obtain a building permit or for approval of a subdivision. Proof of a water source for a building permit is not required if the construction or remodel will not create a need for additional water.
Owners of forest land taxed under provisions that allow their property to be assessed at its current use, rather than its highest and best use, will no longer be able to remove the land from the current use tax role simply by paying a penalty of retroactively increased taxes. The landowner must now also wait ten years before changing the land use.
The ten-year waiting period also applies to lands designated for agricultural or forestry uses in the local comprehensive plan when the landowner requests removal of the land from such designation in the comprehensive plan for an incompatible use. This ten-year waiting period does not apply if the comprehensive plan is certified, or to small counties prior to July 1, 1993.
A city or county may adopt an ordinance waiving the 10 year waiting period when the affected landowner faces an extreme hardship that could not reasonably have been foreseen.
Encouraging Growth Statewide. Urban-rural links between the Puget Sound economy and rural communities are established through: (1) changes to the Marketplace Program, which focus on the demand for products in urban areas that could be met by rural suppliers; and (2) changes to the Export Assistance Center to focus on rural exports and links between Puget Sound exporters and rural businesses and farms.
Delivery of state services is changed and reviewed by: (1) formalizing the Associate Development Organization (ADO) network in statute to coordinate state economic development services at the local level; (2) creating a Service Delivery Task Force to review the present system and make recommendations for improvement to the legislature and governor; and (3) providing two additional staff persons in the Department of Community Development to help rural communities meet financing needs.
Building local capacity for rural economic growth is the focus of a grant program in the Department of Community Development. The department is to administer grants to rural communities to increase local economic development resources, establish urban-rural links, and increase the export of products from rural areas.
The Business Assistance Center must assist businesses or local governments in permit processing, and must report to the governor or Legislature on how to improve the process.
Other Provisions. Among other significant provisions:
1.The Growth Strategies Commission is required to recommend a structure or process that: (a) ensures state agencies and local governments comply with the goals and other requirements in this legislation, (b) defines, identifies, and protects lands and resources of statewide significance; and (c) identifies incentives and state funds that can be withheld to promote local government compliance;
2.If the Legislature does not enact legislation regarding compliance and certification by July 1, 1991, the Department of Community Development must establish rules and procedures for certifying compliance;
3.Technical assistance and grants are provided to counties and cities for planning;
4.The Department of Community Development, with the Department of Information Services, is directed to prepare procedures and standards for collecting, storing, and disseminating information useful to local governments and to make policy decisions on statewide issues.
Fiscal Note: requested January 23, 1990
Effective Date:Sections 5 and 17 of the bill contain an emergency clause and take effect immediately; and section 36 of the bill takes effect on July 1, 1990.
SUMMARY OF PROPOSED SENATE AMENDMENT:
The striking amendment has the following provisions:
Statewide Planning Goals Checklist. The Department of Community Development (DCD) is required to adopt a checklist of statewide planning goals no later than July 1, 1991. Sixteen specific goals of comprehensive planning are set forth for counties and cities. They cover a number of environmental concerns, as well as recreational opportunities, alternative modes of transportation, urban services, and major public facilities. (Sec. 3)
Technical assistance. DCD is required to establish a technical assistance program for counties and cities to facilitate development of comprehensive plans and development regulations. (Sec. 4)
Procedures for Adopting Checklist and Technical Assistance Program. DCD must assure public participation in this process, including consultation with state and local officials and private sector organizations. The checklist and technical assistance program must be adopted under the provisions of the Administrative Procedure Act. (Sec. 5)
Role of Growth Strategies Commission. The Governor's Growth Strategies Commission: analyzes methods for assuring county and city compliance with the checklist and recommends a process by December 10, 1990, for linkages between land use and transportation, as well as methods for providing funding sources for counties and cities to assist in mitigating the impacts of development. (Sec. 6)
Comprehensive Plans. No later than 12 months after adoption of the DCD checklist, every county and city must adopt or amend its comprehensive plan to make is consistent with the statewide goals. The counties and cities must adopt procedures to assure broad public participation in the planning development and implementation process. County and city comprehensive plans may not be inconsistent with each other.
A city of less than 7,500 population can exempt itself from the comprehensive planning requirements upon passage of a council resolution. (Sec. 7)
Comprehensive Plan Requirements. Each comprehensive plan must incorporate at least 19 elements, ranging from a land use element through a variety of environmental protection elements, and an urban growth element. In addition, each plan must include a land inventory, analyses of existing and future needs, and a goals statement. Plans must be internally consistent. (Sec. 8)
Development Regulations. Within 24 months after adoption of the checklist, implementing regulations including requirements for zoning and related procedural requirements, must be adopted. (Sec. 9)
State Agency Land Uses and Issues of State Concern. State agency land uses must be consistent with local planning requirements, although extraordinary use permits may be granted. Projects for development of major facilities are designated as activities of state concern. A public hearing must be held before the local government may approve such projects. (Secs. 10 and 11)
Special District Requirements. Special district activities affecting land use, including capital budget decisions must be performed in conformity with the statewide planning goals checklist and local comprehensive plans. (Sec. 12)
Dispute Resolution. Whenever a dispute arises among local government concerning the consistency of comprehensive plans or development regulations, it must be taken before a visiting superior court judge from an unaffected county. The visiting judge is selected under the current procedures by which visiting judges are chosen for other matters by a majority of the superior court judges in the appropriate county. The visiting judges have all the civil powers of superior court judges, and may order plan amendments. Costs are shared by the affected governmental units. (Sec. 13)
Transportation Planning. Several sections are included which require coordinated regional transportation planning, which must also be consistent with statewide transportation goals. Regional transportation planning organizations are authorized through voluntary associations of local governments within a county or contiguous counties. The regional organizations must certify the conformity of local transportation plan elements with regional transportation plans. (Secs. 14 through 21)
Separate Living Quarters for Relatives in Single-Family Residences. Cities and counties with comprehensive plans and development regulations, must permit the inclusion of separate quarters in a detached home for use by relatives through blood, adoption or marriage for the purpose of extended family care. (Secs. 24-26)
Appropriation. $3 million or so much as needed is appropriated to DCD to provide technical assistance to local governments. (Sec. 27)