6543-S AMH GOVT H5307.1

SSB 6543 - H COMM AMD ADOPTED 3-1-96

By Committee on Government Operations

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  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. 2.  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. 3.  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. 4.  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 shall be final and conclusive unless within ((ten)) fourteen days after the zoning adjustor has made his 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. 5.  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. 6.  RCW 36.70B.020 and 1995 c 347 s 402 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Closed record appeal" means an administrative appeal ((on the record)) of a decision or recommendation on a project permit application to a local government body or officer, including the local legislative body, ((following)) or a decision by the body or officer, that:

(a) Follows an open record hearing ((on a project permit application when the appeal)) that resulted in the decision or recommendation; and

(b) Is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

A closed record appeal following an open record hearing and a recommendation by a hearing body or officer shall be known as a "closed record predecision appeal."  A closed record appeal following an open record hearing and a decision by a local government's hearing body or officer shall be known as a "closed record postdecision appeal."

    (2) For purposes of RCW 36.70B.170 through 36.70B.210, "development agreement" means an agreement authorized by RCW 36.70B.170 through 36.70B.210.  A "development agreement" does not include an agreement between the local government and the owner or person with control over real property authorized by other provision of law.

(3) For purposes of RCW 36.70B.170 through 36.70B.210, "development standards" includes, but is not limited to:

(a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

(c) Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW;

(d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

(e) Affordable housing;

(f) Parks and open space preservation;

(g) Phasing;

(h) Review procedures and standards for implementing decisions;

(i) A build-out or vesting period for applicable standards; and

(j) Any other appropriate development requirement or procedure.

(4) "Local government" means a county, city, or town.

    (((3))) (5) "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution.  An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing."  An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.

    (((4))) (6) "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

    (((5))) (7) "Public meeting" means an informal meeting, a public hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government’s decision.  A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting or a public hearing to accept comments on a draft environmental impact statement.  A public meeting does not include an open record hearing.  The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government’s project permit application file.

    Sec. 7.  RCW 36.70B.050 and 1995 c 347 s 406 are each amended to read as follows:

    Not later than ((March 31)) April 1, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives:

    (1) Combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and

    (2) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, provide for no more than one open record hearing and one closed record appeal.

    Sec. 8.  RCW 36.70B.060 and 1995 c 347 s 407 are each amended to read as follows:

    Not later than ((March 31)) April 1, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project permit process that may be included in its development regulations.  In addition to the elements required by RCW 36.70B.050, the process shall include the following elements:

    (1) A determination of completeness to the applicant as required by RCW 36.70B.070;

    (2) A notice of application to the public and agencies with jurisdiction as required by RCW 36.70B.110;

    (3) Except as provided in RCW 36.70B.140, an optional consolidated project permit review process as provided in RCW 36.70B.120.  The review process shall provide for no more than one consolidated open record hearing and one closed record appeal.  If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing;

    (4) Provision allowing for any public meeting or required open record hearing to be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of RCW 36.70B.090 and 36.70B.110;

    (5) A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process ((that do not require an open record predecision hearing and any recommendations on project permits that do not require an open record predecision hearing)) as required by RCW 36.70B.130.  The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060.  The report may be the local permit.  If a threshold determination ((other than a determination of significance has not been issued previously by the local government)) is required under chapter 43.21C RCW, the report shall include or append this determination;

    (6)(a) A local government need not provide for the appeal of a SEPA procedural or substantive determination under chapter 43.21C RCW or of a project permit decision.  Except ((for the appeal of a determination of significance as provided in RCW 43.21C.075)) as otherwise provided under RCW 43.21C.075(3), if a local government elects to provide an appeal of its ((threshold determinations or)) SEPA procedural or substantive determination under chapter 43.21C RCW or of its project permit decisions, the local government shall provide for no more than one consolidated open record appeal hearing ((on such appeal.  The)).

(b) Consistent with RCW 43.21C.075(3), a local government shall not provide for a closed record appeal of a procedural determination under chapter 43.21C RCW.

(c) A local government ((need not provide for any further appeal and)) may provide an appeal for some but not all project permit decisions.  If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer;

    (7) A notice of decision as required by RCW 36.70B.130 and issued within the time period provided in RCW 36.70B.080 and 36.70B.090;

    (8) Completion of project review by the local government, including environmental review and public review and any appeals to the local government, within any applicable time periods under RCW 36.70B.090; and

    (9) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW.

    Sec. 9.  RCW 36.70B.090 and 1995 c 347 s 413 are each amended to read as follows:

    (1) Except as otherwise provided in subsection (2) of this section, a local government planning under RCW 36.70A.040 shall issue its notice of final decision on a project permit application within one hundred twenty days after the local government notifies the applicant that the application is complete, as provided in RCW 36.70B.070.  In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete, the following periods shall be excluded:

    (a)(i) Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information.  The period shall be calculated from the date the local government notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government.

    (ii) If the local government determines that the information submitted by the applicant under (a)(i) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made;

    (b) Following a determination of significance pursuant to chapter 43.21C RCW:

(i) Any period during which an environmental impact statement is being prepared ((following a determination of significance pursuant to chapter 43.21C RCW)), if the local government by ordinance or resolution has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement; and

(ii) Any period during which the determination of significance is on appeal before the local government or in court;

    (c) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record postdecision appeal, or both, are allowed.  The local government by ordinance or resolution shall establish a time period to consider and decide such appeals.  The time period shall not exceed:  (i) Ninety days for an open record appeal hearing; and (ii) sixty days for a closed record postdecision appeal.  The parties to an appeal may agree to extend these time periods; ((and))

    (d) Any period of time during which an applicant fails to post the property, if required by the local government's notice of application requirements; and

(e) Any extension of time mutually agreed upon by the applicant and the local government.

    (2) The time limits established by subsection (1) of this section do not apply if a project permit application:

    (a) Requires a rezone or an amendment to the comprehensive plan or a development regulation;

    (b) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or

    (c) Is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70B.070.

    (3) If the local government is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant.  The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

    (4) This section shall apply to project permit applications filed on or after April 1, 1996.

    Sec. 10.  RCW 36.70B.110 and 1995 c 347 s 415 are each amended to read as follows:

    (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section.  If a local government has made a determination of significance under chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice.  Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.  Nothing in this section prevents a lead agency from completing its review under chapter 43.21C RCW prior to the notice of application when the project decision is made by the lead agency or other agency with jurisdiction prior to applying for local permits.

    (2) The notice of application shall be provided within fourteen days after the determination of completeness as provided in RCW 36.70B.070 and include the following in whatever sequence or format the local government deems appropriate:

    (a) The date of application, the date of the notice of completion for the application, and the date of the notice of application;

    (b) A description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70B.070 or 36.70B.090;

    (c) The identification of other permits not included in the application to the extent known by the local government;

    (d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location where the application and any studies can be reviewed;

    (e) A statement of the public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights.  A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;

    (f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;

    (g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040; and

    (h) Any other information determined appropriate by the local government.

    (3) If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing.

    (4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures.  A local government may use different types of notice for different categories of project permits or types of project actions.  If a local government by resolution or ordinance does not specify its method of public notice, the local government shall use the methods provided for in (a) and (b) of this subsection.  Examples of reasonable methods to inform the public are:

    (a) Posting the property for site-specific proposals;

    (b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the full notice of application and the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government;

    (c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

    (d) Notifying the news media;

    (e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;

    (f) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and

    (g) Mailing to neighboring property owners.

    (5) A notice of application shall not be required for project permits that are categorically exempt under chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required.

    (6) A local government shall integrate the permit procedures in this section with environmental review under chapter 43.21C RCW as follows:

    (a) Except for a determination of significance, or prior review under chapter 43.21C RCW by a lead agency, the local government may not issue its threshold determination, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.

    (b) If an open record predecision hearing is required and the local government's threshold determination requires public notice under chapter 43.21C RCW, the local government shall issue its threshold determination at least fifteen days prior to the open record predecision hearing.

    (c) Comments shall be as specific as possible.

    (7) At the request of the applicant, a local government may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency ((provided that)), if:

(a) The hearing is held within the geographic boundary of the local government((.  Hearings shall be combined if requested by an applicant, as long as)); and

(b) The joint hearing can be held within the time periods specified in RCW 36.70B.090 or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings.  All agencies of the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.

    (8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do so, as long as:

    (a) The agency is not expressly prohibited by statute from doing so;

    (b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; and

    (c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the local government hearing.

    (9) A local government is not required to provide for administrative appeals.  If provided, an administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable.  The local government shall extend the appeal period for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision.

    (10) The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal.

    (11) Each local government planning under RCW 36.70A.040 shall adopt procedures for administrative interpretation of its development regulations.

    Sec. 11.  RCW 36.70B.130 and 1995 c 347 s 417 are each amended to read as follows:

    A local government planning under RCW 36.70A.040 shall provide ((a)) notice of its administrative decision ((that)) or recommendation on a project permit.  The notice shall also include((s)) a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any.  The notice of decision may be a copy of the report or decision on the project permit application.  The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or recommendation or submitted substantive comments on the application.  The local government shall also provide for public notice of its decision ((as provided)) or recommendation by using one or more of the methods listed in RCW 36.70B.110(4).

    Sec. 12.  RCW 36.70B.150 and 1995 c 347 s 419 are each amended to read as follows:

    A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of RCW 36.70B.060 through ((36.70B.090 and 36.70B.110 through 36.70B.130)) 36.70B.140 into its procedures for review of project permits or other project actions.

    Sec. 13.  RCW 36.70B.170 and 1995 c 347 s 502 are each amended to read as follows:

    (1) A local government may enter into a development agreement with a person having ownership or control of real property within its jurisdiction.  A city or town may enter into a development agreement for real property outside its boundaries as part of a proposed annexation or a service agreement.  A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.  A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW.

    (2) RCW 36.70B.170 through ((36.70B.190)) 36.70B.210 and section 501, chapter 347, Laws of 1995 ((do not)) create authority that is in addition to any other authority of a local government to enter into an agreement with a person having ownership or control of real property.  Nothing in RCW 36.70B.170 through 36.70B.210 and section 501, chapter 347, Laws of 1995 shall apply to or affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement ((in existence on July 23, 1995, or adopted under separate authority,)) that includes some or all of the development standards provided in ((subsection (3) of this section)) RCW 36.70B.020.

    (3) ((For the purposes of this section, "development standards" includes, but is not limited to:

    (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

    (b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

    (c) Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW;

    (d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

    (e) Affordable housing;

    (f) Parks and open space preservation;

    (g) Phasing;

    (h) Review procedures and standards for implementing decisions;

    (i) A build-out or vesting period for applicable standards; and

    (j) Any other appropriate development requirement or procedure.

    (4))) The execution of a development agreement is a proper exercise of ((county and city)) local government police power and contract authority.  A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities.  A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety.

    Sec. 14.  RCW 36.70B.180 and 1995 c 347 s 503 are each amended to read as follows:

    Unless amended or terminated as provided in the agreement, a development agreement is enforceable during its term by a party to the agreement.  A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement.  A permit or approval issued by the county or city after the execution of the development agreement must be consistent with the development agreement.

    Sec. 15.  RCW 36.70B.200 and 1995 c 347 s 505 are each amended to read as follows:

    A ((county or city)) local government shall ((only)) approve a development agreement only by ordinance or resolution adopted after a public hearing.  The county or city legislative body or a planning commission, hearing examiner, or other body designated by the legislative body to conduct the public hearing may conduct the hearing.  If the development agreement relates to a project permit application, the provisions of chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement.

    Sec. 16.  RCW 36.70B.210 and 1995 c 347 s 506 are each amended to read as follows:

     Nothing in RCW 36.70B.170 through 36.70B.200 and section 501, chapter 347, Laws of 1995 is intended to authorize a local government((s)) to impose impact fees, inspection fees, or dedications or to require any other financial contributions or mitigation measures except as expressly authorized by other applicable provisions of state law.  This section is not a limitation on the power of the parties to a development agreement to contract with one another, and the parties to a development agreement may provide in the agreement for financial contributions or mitigation measures that the local government could not require without agreement.

    Sec. 17.  RCW 36.70C.040 and 1995 c 347 s 705 are each amended to read as follows:

    (1) Proceedings for review under this chapter shall be commenced by filing a land use petition in superior court.

    (2) A land use petition is barred, and the court may not grant review, unless the petition is timely filed with the court and timely served on the following persons who shall be parties to the review of the land use petition:

    (a) The local jurisdiction, which for purposes of the petition shall be the jurisdiction's corporate entity and not an individual decision maker or department;

    (b) ((Each of the following persons)) If the person is not the petitioner((:

    (i))), each person identified by name and address in the local jurisdiction's written decision as an applicant for the permit or approval at issue; ((and

    (ii))) (c) If the person is not the petitioner, each person identified by name and address in the local jurisdiction's written decision as an owner of the property at issue((;)).

    (((c))) If no person is identified in a written decision as provided in (b) and (c) of this subsection, each person identified by name and address as a taxpayer for the property at issue in the records of the county assessor, based upon the description of the property in the application; and

    (d)(i) Except as provided in (d)(ii) of this subsection, each person named in the written decision who filed an appeal to a local jurisdiction quasi‑judicial decision maker regarding the land use decision at issue((, unless the)).

(ii) The following persons need not be served to commence a proceeding under this chapter:

(A) A person who has abandoned the appeal or ((the person's)) a person whose claims were dismissed before the quasi‑judicial decision was rendered((.));

(B) A person((s)) who later intervened or joined in the appeal ((are not required to be made parties under this subsection.));

(C) A person who provides the petitioner with an affidavit or statement signed under penalty of perjury stating that person's decision not to participate in judicial review of the land use decision at issue.  The petitioner shall attach a copy of the affidavit or statement under penalty of perjury to the petition.

    (3) The petition is timely if it is filed and served on all parties listed in subsection (2) of this section within twenty‑one days of the issuance of the land use decision.

    (4) For the purposes of this section, the date on which a land use decision is issued is:

    (a) Three days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available;

    (b) If the land use decision is made by ordinance or resolution by a legislative body sitting in a quasi‑judicial capacity, the date the body passes the ordinance or resolution; or

    (c) If neither (a) nor (b) of this subsection applies, the date the decision is entered into the public record.

    (5) Service on the local jurisdiction must be by delivery of a copy of the petition to the persons identified by or pursuant to RCW 4.28.080 to receive service of process.  Service on other parties must be in accordance with the superior court civil rules or by first class mail to:

    (a) The address stated in the written decision of the local jurisdiction for each person made a party under subsection (2)(b) of this section;

    (b) The address stated in the records of the county assessor for each person made a party under subsection (2)(c) of this section; and

    (c) The address stated in the appeal to the quasi‑judicial decision maker for each person made a party under subsection (2)(d) of this section.

    (6) Service by mail is effective on the date of mailing and proof of service shall be by affidavit or declaration under penalty of perjury.

    Sec. 18.  RCW 36.70C.090 and 1995 c 347 s 710 are each amended to read as follows:

    The court shall provide expedited review of petitions filed under this chapter.  The matter must be set for hearing and the hearing must commence within sixty days of the date set for submitting the local jurisdiction's record, absent a showing of good cause for a different date or a stipulation of the parties.

    Sec. 19.  RCW 36.70C.120 and 1995 c 347 s 713 are each amended to read as follows:

    (1) When the land use decision being reviewed was made by a quasi‑judicial body or officer who made factual determinations in support of the decision and the parties to the quasi-judicial proceeding had an opportunity consistent with due process to make a record on the factual issues, judicial review of factual issues and the conclusions drawn from the factual issues shall be confined to the record created by the quasi‑judicial body or officer, except ((as provided in subsections (2) through (4) of this section.

    (2) For decisions described in subsection (1) of this section,)) that the record may be supplemented by additional evidence ((only)) if the additional evidence relates to:

    (a) Grounds for disqualification of a member of the body or of the officer that made the land use decision, when such grounds were unknown by the petitioner at the time the record was created;

    (b) Matters that were improperly excluded from the record after being offered by a party to the quasi‑judicial proceeding; or

    (c) Matters that were outside the jurisdiction of the body or officer that made the land use decision.

    (((3))) (2) For land use decisions other than those described in subsection (1) of this section, the record for judicial review may be supplemented by evidence of material facts that were not made part of the local jurisdiction's record.

    (((4))) (3) The court may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record.

    (((5))) (4) The parties may ((not)) conduct pretrial discovery ((except)) only with the prior permission of the court, which may be sought by motion at any time after service of the petition.  The court shall ((not)) grant permission ((unless)) for pretrial discovery only if the party requesting it makes a prima facie showing of need.  The court shall strictly limit discovery to what is necessary for equitable and timely review of the issues that are raised under subsections (1) and (2) ((and (3))) of this section.

(5) If the court allows the record to be supplemented under subsection (1) of this section or a party intends to supplement the record under subsection (2) of this section, the court shall require the parties to disclose before the hearing or trial on the merits the specific evidence they intend to offer.  If any party, or anyone acting on behalf of any party, requests records under chapter 42.17 RCW relating to the matters at issue, a copy of the request shall simultaneously be given to all other parties and the court shall take such request into account in fashioning an equitable discovery order under this section.

    Sec. 20.  RCW 43.21C.075 and 1995 c 347 s 204 are each amended to read as follows:

    (1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action.  The State Environmental Policy Act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter.  The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action.

    (2) Unless otherwise provided by this section:

    (a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations.

    (b) Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is subject to environmental review.

    (3) If an agency has a procedure for appeals of agency environmental determinations made under this chapter, such procedure:

    (a) Shall ((not)) allow no more than one agency appeal proceeding on a procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement).  The appeal proceeding on a determination of significance may occur before the agency's final decision on a proposed action.  The appeal proceeding on ((a)) any other procedural determination ((of nonsignificance)) may occur before the agency's final decision on a proposed action only if:

(i) The appeal is heard at a proceeding where the hearing body or officer will render a final recommendation or decision on the proposed underlying governmental action;

(ii) The appeal is of a public project; or

(iii) The appeal is of a nonproject action.

    Such appeals shall also be allowed for a determination of significance/nonsignificance which may be issued by the agency after supplemental review;

    (b) Shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous hearing before one hearing officer or body to consider the agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the appeal, if any, of a procedural determination ((of significance)) as provided in (a) of this subsection or an appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes;

    (c) Shall provide for the preparation of a record for use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable law.  An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript.  An electronically recorded transcript will suffice for purposes of review under this subsection; and

    (d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight.

    (4) If a person aggrieved by an agency action has the right to judicial appeal and if an agency has an administrative appeal procedure, such person shall, prior to seeking any judicial review, use such agency procedure if any such procedure is available, unless expressly provided otherwise by state statute.

    (5) Some statutes and ordinances contain time periods for challenging governmental actions which are subject to review under this chapter, such as various local land use approvals (the "underlying governmental action").  RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter.  This subsection does not modify any such time periods.  In this subsection, the term "appeal" refers to a judicial appeal only.

    (a) If there is a time period for appealing the underlying governmental action, appeals under this chapter shall be commenced within such time period.  The agency shall give official notice stating the date and place for commencing an appeal.

    (b) If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 is used, appeals shall be commenced within the time period specified by RCW 43.21C.080.

    (6)(a) Judicial review under subsection (5) of this section of an appeal decision made by an agency under subsection (3) of this section shall be on the record, consistent with other applicable law.

    (b) A taped or written transcript may be used.  If a taped transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be reviewed.  Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised on review, but if a party alleges that a finding of fact is not supported by evidence, the party should include in the record all evidence relevant to the disputed finding.  Any other party may designate additional portions of the taped transcript relating to issues raised on review.  A party may provide a written transcript of portions of the testimony at the party's own expense or apply to that court for an order requiring the party seeking review to pay for additional portions of the written transcript.

    (c) Judicial review under this chapter shall without exception be of the governmental action together with its accompanying environmental determinations.

    (7) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be transferred in whole or part to the shorelines hearings board.  The shorelines hearings board shall hear the matter and sign the final order expeditiously.  The superior court shall certify the final order of the shorelines hearings board and said certified final order may only be appealed to an appellate court.  In the case of an appeal under this chapter regarding a project or other matter that is also the subject of an appeal to the shorelines hearings board under chapter 90.58 RCW, the shorelines hearings board shall have sole jurisdiction over both the appeal under this section and the appeal under chapter 90.58 RCW, shall consider them together, and shall issue a final order within one hundred eighty days as provided in RCW 90.58.180.

    (8) For purposes of this section and RCW 43.21C.080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2)).  The word "action" in this section and RCW 43.21C.080 does not mean a procedural determination by itself made under this chapter.  The word "determination" includes any environmental document required by this chapter and state or local implementing rules.  The word "agency" refers to any state or local unit of government.  Except as provided in subsection (5) of this section, the word "appeal" refers to administrative, legislative, or judicial appeals.

    (9) The court in its discretion may award reasonable attorney's fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental agency, on issues arising out of this chapter if the court makes specific findings that the legal position of a party is frivolous and without reasonable basis.

NEW SECTION. Sec. 21.  A new section is added to chapter 43.21C RCW to read as follows:

    The department of ecology shall adopt rules increasing categorical exemptions for minor new construction and minor land use decisions within urban growth areas designated under RCW 36.70A.110 beyond categorical exemptions for minor new construction and minor land use decisions in areas outside of those designated urban growth areas.

    These rules shall provide for increased levels of minor new construction and minor land use decisions that are categorically exempt within an urban growth area and expand the authority of a county, city, or town to raise the exemption level for minor new construction activities and minor land use decisions occurring within an urban growth area beyond the level specified by the department.  At a minimum, the increase in minor new construction and minor new land use decisions that are categorically exempt within an urban growth area shall include approvals of the:  (1) Construction of or location of any residential structures of ten or fewer dwelling units; (2) construction of an office, school, commercial, recreational, service, or storage building with eight thousand or fewer square feet of gross floor area, and with associated parking facilities; (3) construction of a parking lot designed for forty or fewer automobiles; and (4) division of land into ten or fewer lots or parcels.

    Sec. 22.  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 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)):

(a) Nine or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership((:  PROVIDED, That the legislative authority of any city or town may by local ordinance increase the number of)) if the lots, tracts, or parcels ((to be regulated as short subdivisions to a maximum of nine)) are located within the city, town, or urban growth area of the county; or

(b) Four or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer of ownership if the lots, tracts, or parcels are located outside of the urban growth area of the county.

    (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 chapters 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. 23.  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. 24.  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 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 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 then 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. 25.  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.

    Sec. 26.  RCW 58.17.140 and 1995 c 68 s 1 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection and subsection (3) of this section, 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 extended to include up to twenty-one days as specified under RCW 58.17.095(3)((:  PROVIDED, That)).

(b) 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.

(2) Except as provided in subsection (3) of this section, 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.

(3) Subsections (1) and (2) of this section shall not apply to the decision by a county, city, or town required to plan under RCW 36.70A.040 to approve, disapprove, or return a short plat if the county, city, or town has established a permit review process pursuant to RCW 36.70B.120.

(4) 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 five years of the date of preliminary plat approval.  Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements.

    Sec. 27.  RCW 58.17.140 and 1995 c 68 s 1 are each amended to read as follows:

(1)(a) Except as provided in (b) of this subsection, 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 extended to include up to twenty-one days as specified under RCW 58.17.095(3)((:  PROVIDED, That)).

(b) 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.

(2) 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.

(3) 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 five years of the date of preliminary plat approval.  Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow extensions of time that may or may not contain additional or altered conditions and requirements.

    Sec. 28.  RCW 90.58.140 and 1995 c 347 s 309 are each amended to read as follows:

    (1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.

    (2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter.

    A permit shall be granted:

    (a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with:  (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area;

    (b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and this chapter.

    (3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section.  The administration of the system so established shall be performed exclusively by the local government.

    (4) Except as otherwise specifically provided in subsection (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that notice of the application is given by at least one of the following methods:

    (a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;

    (b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or

    (c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public.

    The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application as expeditiously as possible after the issuance of the decision, may submit the comments or requests for decisions to the local government within thirty days of the ((last)) date the notice of application is ((to be published)) issued pursuant to this subsection.  The local government shall forward, in a timely manner following the issuance of a decision, a copy of the decision to each person who submits a request for the decision.

    If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.

    (5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within twenty-one days from the date of filing as defined in subsection (6) of this section except as follows:

    (a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995;

    (b) Construction may be commenced no sooner than thirty days after the date of the appeal of the board's decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW.  The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence.  If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would involve a significant, irreversible damaging of the environment, the court shall prohibit the permittee from commencing the construction pursuant to the approved or revised permit until all review proceedings are final.  Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated.  In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant;

    (c) If the permit is for a substantial development meeting the requirements of subsection (11) of this section, construction pursuant to that permit may not begin or be authorized until twenty-one days from the date the permit decision was filed as provided in subsection (6) of this section.

    If a permittee begins construction pursuant to subsections (a), (b), or (c) of this subsection, the construction is begun at the permittee's own risk.  If, as a result of judicial review, the courts order the removal of any portion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, the permittee is barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener.

    (6) Any decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general.  With regard to a permit other than a permit governed by subsection (10) of this section, "date of filing" as used herein means the date of actual receipt by the department.  With regard to a permit for a variance or a conditional use, "date of filing" means the date a decision of the department rendered on the permit pursuant to subsection (10) of this section is transmitted by the department to the local government.  The department shall notify in writing the local government and the applicant of the date of filing.

    (7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted.  In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof.

    (8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit.  If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee.  If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government.

    (9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section.

    (10) Any permit for a variance or a conditional use by local government under approved master programs must be submitted to the department for its approval or disapproval.

    (11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:

    (i) The public comment period under subsection (4) of this section shall be twenty days.  The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance;

    (ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (i) of this subsection; and

    (iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days.

    (b) For purposes of this section, a limited utility extension means the extension of a utility service that:

    (i) Is categorically exempt under chapter 43.21C RCW for one or more of the following:  Natural gas, electricity, telephone, water, or sewer;

    (ii) Will serve an existing use in compliance with this chapter; and

    (iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state.

    Sec. 29.  RCW 90.60.020 and 1995 c 347 s 602 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Center" means the permit assistance center established in the ((commission [department])) department by RCW 90.60.030.

    (2) "Coordinating permit agency" means the permit agency that has the greatest overall jurisdiction over a project.

    (3) "Department" means the department of ecology.

    (4) "Participating permit agency" means a permit agency, other than the coordinating permit agency, that is responsible for the issuance of a permit for a project.

    (5) "Permit" means any license, certificate, registration, permit, or other form of authorization required by a permit agency to engage in a particular activity.

    (6) "Permit agency" means:

    (a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and

    (b) Any other state or federal agency or county, city, or town that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.

    (7) "Project" means an activity, the conduct of which requires permits from one or more permit agencies.

    Sec. 30.  RCW 90.60.040 and 1995 c 347 s 604 are each amended to read as follows:

    (1) Not later than January 1, 1996, the center shall establish by rule an administrative process for the designation of a coordinating permit agency for a project.

    (2) The administrative process shall consist of the establishment of guidelines for designating the coordinating permit agency for a project.  If a permit agency is the lead agency for purposes of chapter 43.21C RCW, that permit agency shall either (a) be the coordinating permit agency, or (b) request the center to designate another permit agency as the coordinating permit agency.  In other cases, the guidelines shall require that at least the following factors be considered in determining which permit agency has the greatest overall jurisdiction over the project:

    (a) The types of facilities or activities that make up the project;

    (b) The types of public health and safety and environmental concerns that should be considered in issuing permits for the project;

    (c) The environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects;

    (d) The regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment; and

    (e) The statutory and regulatory requirements that apply to the project and the complexity of those requirements.

NEW SECTION. Sec. 31.  A new section is added to chapter 43.05 RCW to read as follows:

    (1) For any project permit application that is filed with a state agency on or after April 1, 1997, the state agency shall issue its notice of final decision on the project permit application within one hundred twenty days after the agency notifies the applicant that the application is complete under the same conditions, requirements, and exclusions for a county or city to issue project permit applications under RCW 36.70B.090.

    (2) This section expires June 30, 1999.

NEW SECTION. Sec. 32.  (1) Except for section 27 of this act, this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

    (2) Section 27 of this act shall take effect July 1, 1998.

    Sec. 33.  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, 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 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.

NEW SECTION. Sec. 34.  Sections 9 and 26 of this act shall expire June 30, 1998."

SSB 6543 - H COMM AMD

By Committee on Government Operations

    On page 1, line 5 of the title, after "legislation;" strike the remainder of the title and insert "amending RCW 36.70.810, 36.70.830, 36.70.860, 36.70.880, 36.70.890, 36.70B.020, 36.70B.050, 36.70B.060, 36.70B.090, 36.70B.110, 36.70B.130, 36.70B.150, 36.70B.170, 36.70B.180, 36.70B.200, 36.70B.210, 36.70C.040, 36.70C.090, 36.70C.120, 43.21C.075, 58.17.020, 58.17.090, 58.17.095, 58.17.100, 58.17.140, 58.17.140, 90.58.140, 90.60.020, 90.60.040, and 35A.63.110; adding a new section to chapter 43.21C RCW; adding a new section to chapter 43.05 RCW; providing an effective date; providing expiration dates; and declaring an emergency."

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