AN
ACT Relating to recommendations of the land use study commission; amending RCW
35.13.182, 36.70A.020, 36.70A.060, and 36.70A.070; amending 1995 c 347 s 433
(uncodified); amending 1995 c 347 s 411 (uncodified); amending 1995 c 347 s 412
(uncodified); adding new sections to chapter 35.13 RCW; and adding a new
section to chapter 36.70A RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
35.13.182 and 1997 c 429 s 37 are each amended to read as follows:
(1)
The legislative body of a city or town planning under chapter 36.70A RCW as of
June 30, 1994, may resolve to annex territory to the city or town if there is,
within the city or town, unincorporated territory containing residential
property owners within the same county and within the same urban growth area
designated under RCW 36.70A.110 as the city or town:
(a)
Containing less than one hundred acres and having at least eighty percent of
the boundaries of such area contiguous to the city or town ((if such area
existed before June 30, 1994)); or
(b)
Of any size and having at least eighty percent of the boundaries of the area
contiguous to the city if the area existed before June 30, 1994.
(2)
The resolution shall describe the boundaries of the area to be annexed, state
the number of voters residing in the area as nearly as may be, and set a date
for a public hearing on the resolution for annexation. Notice of the hearing
shall be given by publication of the resolution at least once a week for two
weeks before the date of the hearing in one or more newspapers of general
circulation within the city or town and one or more newspapers of general
circulation within the area to be annexed.
(3)
For purposes of subsection (1)(b) of this section, territory bounded by a
river, lake, or other body of water is considered contiguous to a city that is
also bounded by the same river, lake, or other body of water.
NEW
SECTION. Sec. 2. A
new section is added to chapter 35.13 RCW to read as follows:
The
annexation ordinance provided for in RCW 35.13.182 is subject to referendum for
forty-five days after its passage. Upon the filing of a timely and sufficient
referendum petition with the legislative body, signed by qualified electors in
number equal to not less than ten percent of the votes cast in the last general
state election in the area to be annexed, the question of annexation shall be
submitted to the voters of the area in a general election if one is to be held
within ninety days or at a special election called for that purpose not less
than forty-five days nor more than ninety days after the filing of the
referendum petition. Notice of the election shall be given as provided in RCW
35.13.080 and the election shall be conducted as provided in the general
election law. The annexation shall be deemed approved by the voters unless a
majority of the votes cast on the proposition are in opposition thereto.
After
the expiration of the forty-fifth day from but excluding the date of passage of
the annexation ordinance, if no timely and sufficient referendum petition has
been filed, the area annexed shall become a part of the city or town upon the
date fixed in the ordinance of annexation.
NEW
SECTION. Sec. 3. A
new section is added to chapter 35.13 RCW to read as follows:
On
the date set for hearing as provided in RCW 35.13.182(2), residents or property
owners of the area included in the resolution for annexation shall be afforded
an opportunity to be heard. The legislative body may provide by ordinance for
annexation of the territory described in the resolution, but the effective date
of the ordinance shall be not less than forty-five days after the passage
thereof. The legislative body shall cause notice of the proposed effective
date of the annexation, together with a description of the property to be
annexed, to be published at least once each week for two weeks subsequent to
passage of the ordinance, in one or more newspapers of general circulation
within the city and in one or more newspapers of general circulation within the
area to be annexed. If the annexation ordinance provides for assumption of
indebtedness or adoption of a proposed zoning regulation, the notice shall
include a statement of such requirements.
*Sec.
4.
RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:
The
following goals are adopted to guide the development and adoption of
comprehensive plans and development regulations of those counties and cities
that are required or choose to plan under RCW 36.70A.040. The following goals
are not listed in order of priority and shall be used exclusively for the purpose
of guiding the development of comprehensive plans and development regulations:
(1)
Urban growth. Encourage development in urban areas where adequate public
facilities and services exist or can be provided in an efficient manner. Urban
growth areas should have concentrated employment centers, separated by adequate
buffers that protect critical areas, and need not be uniformly urban in nature.
(2)
Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into
sprawling, low-density development.
(3)
Transportation. Encourage efficient multimodal transportation systems that are
based on regional priorities and coordinated with county and city comprehensive
plans.
(4)
Housing. Encourage the availability of affordable housing to all economic
segments of the population of this state, promote a variety of residential
densities and housing types, and encourage preservation of existing housing
stock.
(5)
Economic development. Encourage economic development throughout the state that
is consistent with adopted comprehensive plans, promote economic opportunity
for all citizens of this state, especially for unemployed and for disadvantaged
persons, and encourage growth in areas experiencing insufficient economic growth,
all within the capacities of the state's natural resources, public services,
and public facilities.
(6)
Property rights. Private property shall not be taken for public use without
just compensation having been made. The property rights of landowners shall be
protected from arbitrary and discriminatory actions.
(7)
Permits. Applications for both state and local government permits should be
processed in a timely and fair manner to ensure predictability.
(8)
Natural resource industries. Maintain and enhance natural resource-based
industries, including productive timber, agricultural, and fisheries
industries. Encourage the conservation of productive forest lands and
productive agricultural lands, and discourage incompatible uses.
(9)
Open space and recreation. Encourage the retention of open space and
development of recreational opportunities, conserve fish and wildlife habitat,
increase access to natural resource lands and water, and develop parks.
(10)
Environment. Protect the environment and enhance the state's high quality of
life, including air and water quality, and the availability of water.
(11)
Citizen participation and coordination. Encourage the involvement of citizens
in the planning process and ensure coordination between communities and
jurisdictions to reconcile conflicts.
(12)
Public facilities and services. Ensure that those public facilities and
services necessary to support development shall be adequate to serve the
development at the time the development is available for occupancy and use
without decreasing current service levels below locally established minimum
standards.
(13)
Historic preservation. Identify and encourage the preservation of lands,
sites, and structures, that have historical or archaeological significance.
*Sec. 4 was vetoed. See message at end of chapter.
Sec.
5. RCW
36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows:
(1)
Each county that is required or chooses to plan under RCW 36.70A.040, and each
city within such county, shall adopt development regulations on or before
September 1, 1991, to assure the conservation of agricultural, forest, and
mineral resource lands designated under RCW 36.70A.170. Regulations adopted
under this subsection may not prohibit uses legally existing on any parcel
prior to their adoption and shall remain in effect until the county or city
adopts development regulations pursuant to RCW ((36.70A.120)) 36.70A.040.
Such regulations shall assure that the use of lands adjacent to agricultural,
forest, or mineral resource lands shall not interfere with the continued use,
in the accustomed manner and in accordance with best management practices, of
these designated lands for the production of food, agricultural products, or
timber, or for the extraction of minerals. Counties and cities shall require
that all plats, short plats, development permits, and building permits issued
for development activities on, or within ((three)) five hundred
feet of, lands designated as agricultural lands, forest lands, or mineral
resource lands, contain a notice that the subject property is within or near
designated agricultural lands, forest lands, or mineral resource lands on which
a variety of commercial activities may occur that are not compatible with
residential development for certain periods of limited duration. The notice
for mineral resource lands shall also inform that an application might be made
for mining-related activities, including mining, extraction, washing, crushing,
stockpiling, blasting, transporting, and recycling of minerals.
(2)
Each county and city shall adopt development regulations that protect critical
areas that are required to be designated under RCW 36.70A.170. For counties
and cities that are required or choose to plan under RCW 36.70A.040, such
development regulations shall be adopted on or before September 1, 1991. For
the remainder of the counties and cities, such development regulations shall be
adopted on or before March 1, 1992.
(3)
Such counties and cities shall review these designations and development
regulations when adopting their comprehensive plans under RCW 36.70A.040 and
implementing development regulations under RCW 36.70A.120 and may alter such
designations and development regulations to insure consistency.
(4)
Forest land and agricultural land located within urban growth areas shall not
be designated by a county or city as forest land or agricultural land of
long-term commercial significance under RCW 36.70A.170 unless the city or
county has enacted a program authorizing transfer or purchase of development
rights.
*Sec.
6.
RCW 36.70A.070 and 1997 c 429 s 7 are each amended to read as follows:
The
comprehensive plan of a county or city that is required or chooses to plan
under RCW 36.70A.040 shall consist of a map or maps, and descriptive text
covering objectives, principles, and standards used to develop the
comprehensive plan. The plan shall be an internally consistent document and
all elements shall be consistent with the future land use map. A comprehensive
plan shall be adopted and amended with public participation as provided in RCW
36.70A.140.
Each
comprehensive plan shall include a plan, scheme, or design for each of the
following:
(1)
A land use element designating the proposed general distribution and general
location and extent of the uses of land, where appropriate, for agriculture,
timber production, housing, commerce, industry, recreation, open spaces,
general aviation airports, public utilities, public facilities, and other land
uses. The land use element shall include population densities, building
intensities, and estimates of future population growth. The land use element
shall provide for protection of the quality and quantity of ground water used
for public water supplies. Where applicable, the land use element shall review
drainage, flooding, and storm water run-off in the area and nearby
jurisdictions and provide guidance for corrective actions to mitigate or
cleanse those discharges that pollute waters of the state, including Puget
Sound or waters entering Puget Sound.
(2)
A housing element ensuring the vitality and character of established
residential neighborhoods that: (a) Includes an inventory and analysis of
existing and projected housing needs; (b) includes a statement of goals,
policies, objectives, and mandatory provisions for the preservation,
improvement, and development of housing, including single-family residences;
(c) identifies sufficient land for housing, including, but not limited to,
government-assisted housing, housing for low-income families, manufactured
housing, multifamily housing, and group homes and foster care facilities; and
(d) makes adequate provisions for existing and projected needs of all economic
segments of the community, including affordable housing and adequate housing
located within reasonable commuting distances to employment centers.
(3)
A capital facilities plan element consisting of: (a) An inventory of existing
capital facilities owned by public entities, showing the locations and
capacities of the capital facilities; (b) a forecast of the future needs for
such capital facilities; (c) the proposed locations and capacities of expanded
or new capital facilities; (d) at least a six-year plan that will finance such
capital facilities within projected funding capacities and clearly identifies
sources of public money for such purposes; and (e) a requirement to reassess
the land use element if probable funding falls short of meeting existing needs
and to ensure that the land use element, capital facilities plan element, and
financing plan within the capital facilities plan element are coordinated and
consistent.
(4)
A utilities element consisting of the general location, proposed location, and
capacity of all existing and proposed utilities, including, but not limited to,
electrical lines, telecommunication lines, and natural gas lines.
(5)
Rural element. Counties shall include a rural element including lands that are
not designated for urban growth, agriculture, forest, or mineral resources.
The following provisions shall apply to the rural element:
(a)
Growth management act goals and local circumstances. Because circumstances
vary from county to county, in establishing patterns of rural densities and
uses, a county may consider local circumstances, but shall develop a written
record explaining how the rural element harmonizes the planning goals in RCW
36.70A.020 and meets the requirements of this chapter.
(b)
Rural development. The rural element shall permit rural development, forestry,
and agriculture in rural areas. The rural element shall provide for a variety
of rural densities, uses, essential public facilities, and rural governmental
services needed to serve the permitted densities and uses. In order to achieve
a variety of rural densities and uses, counties may provide for clustering,
density transfer, design guidelines, conservation easements, and other
innovative techniques that will accommodate appropriate rural densities and
uses that are not characterized by urban growth and that are consistent with
rural character.
(c)
Measures governing rural development. The rural element shall include measures
that apply to rural development and protect the rural character of the area, as
established by the county, by:
(i)
Containing or otherwise controlling rural development;
(ii)
Assuring visual compatibility of rural development with the surrounding rural
area;
(iii)
Reducing the inappropriate conversion of undeveloped land into sprawling,
low-density development in the rural area;
(iv)
Protecting critical areas, as provided in RCW 36.70A.060, and surface water and
ground water resources; and
(v)
Protecting against conflicts with the use of agricultural, forest, and mineral
resource lands designated under RCW 36.70A.170.
(d)
Limited areas of more intensive rural development. Subject to the requirements
of this subsection and except as otherwise specifically provided in this
subsection (5)(d), the rural element may allow for limited areas of more
intensive rural development, including necessary public facilities and public services
to serve the limited area as follows:
(i)
Rural development consisting of the infill, development, or redevelopment of
existing commercial, industrial, residential, or mixed-use areas, whether
characterized as shoreline development, villages, hamlets, rural activity
centers, or crossroads developments. A commercial, industrial, residential,
shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of
this subsection, but shall not be subject to the requirements of (c)(ii) and (iii)
of this subsection. An industrial area is not required to be principally
designed to serve the existing and projected rural population;
(ii)
The intensification of development on lots containing, or new development of,
small-scale recreational or tourist uses, including commercial facilities to
serve those recreational or tourist uses, that rely on a rural location and
setting, but that do not include new residential development. A small-scale
recreation or tourist use is not required to be principally designed to serve
the existing and projected rural population. Public services and public
facilities shall be limited to those necessary to serve the recreation or
tourist use and shall be provided in a manner that does not permit low-density
sprawl;
(iii)
The intensification of development on lots containing isolated nonresidential
uses or new development of isolated cottage industries and isolated small-scale
businesses that are not principally designed to serve the existing and
projected rural population and nonresidential uses, but do provide job
opportunities for rural residents. Public services and public facilities shall
be limited to those necessary to serve the isolated nonresidential use and
shall be provided in a manner that does not permit low-density sprawl;
(iv)
A county shall adopt measures to minimize and contain the existing areas or
uses of more intensive rural development, as appropriate, authorized under this
subsection. Lands included in such existing areas or uses shall not extend
beyond the logical outer boundary of the existing area or use, thereby allowing
a new pattern of low-density sprawl. Existing areas are those that are clearly
identifiable and contained and where there is a logical boundary delineated
predominately by the built environment, but that may also include undeveloped
lands if limited as provided in this subsection. The county shall establish
the logical outer boundary of an area of more intensive rural development. In
establishing the logical outer boundary the county shall address (A) the need
to preserve the character of existing natural neighborhoods and communities,
(B) physical boundaries such as bodies of water, streets and highways, and land
forms and contours, (C) the prevention of abnormally irregular boundaries, and
(D) the ability to provide public facilities and public services in a manner
that does not permit low-density sprawl;
(v)
For purposes of (d) of this subsection, an existing area or existing use is one
that was in existence:
(A)
On July 1, 1990, in a county that was initially required to plan under all of
the provisions of this chapter;
(B)
On the date the county adopted a resolution under RCW 36.70A.040(2), in a
county that is planning under all of the provisions of this chapter under RCW
36.70A.040(2); or
(C)
On the date the office of financial management certifies the county's
population as provided in RCW 36.70A.040(5), in a county that is planning under
all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
(e)
Exception. This subsection shall not be interpreted to permit in the rural
area a major industrial development or a master planned resort unless otherwise
specifically permitted under RCW 36.70A.360 and 36.70A.365.
(6)
A transportation element that implements, and is consistent with, the land use
element. The transportation element shall include the following subelements:
(a)
Land use assumptions used in estimating travel;
(b)
Facilities and services needs, including:
(i)
An inventory of air, water, and ground transportation facilities and services,
including railways, transit alignments, and general aviation
airport facilities, to define existing capital facilities and travel levels as
a basis for future planning. This inventory must include state-owned transportation
facilities, including interstate highway exits and ferry terminals, within the
city or county's jurisdictional boundaries;
(ii)
Level of service standards for all arterials and transit routes to serve as a
gauge to judge performance of the system. These standards should be regionally
coordinated;
(iii)
Specific actions and requirements for bringing into compliance any facilities
or services that are below an established level of service standard;
(iv)
Forecasts of traffic for at least ten years based on the adopted land use plan
to provide information on the location, timing, and capacity needs of future
growth;
(v)
Identification of system expansion needs and transportation system management
needs to meet current and future demands;
(c)
Finance, including:
(i)
An analysis of funding capability to judge needs against probable funding
resources;
(ii)
A multiyear financing plan based on the needs identified in the comprehensive
plan, the appropriate parts of which shall serve as the basis for the six-year
street, road, or transit program required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;
(iii)
If probable funding falls short of meeting identified needs, a discussion of
how additional funding will be raised, or how land use assumptions will be
reassessed to ensure that level of service standards will be met;
(d)
Intergovernmental coordination efforts, including an assessment of the impacts
of the transportation plan and land use assumptions on the transportation
systems of adjacent jurisdictions;
(e)
Demand-management strategies.
After
adoption of the comprehensive plan by jurisdictions required to plan or who
choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce
ordinances which prohibit development approval if the development causes the
level of service on a transportation facility to decline below the standards
adopted in the transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate the impacts of
development are made concurrent with the development. These strategies may
include increased public transportation service, ride sharing programs, demand
management, and other transportation systems management strategies. For the
purposes of this subsection (6) "concurrent with the development"
shall mean that improvements or strategies are in place at the time of
development, or that a financial commitment is in place to complete the
improvements or strategies within six years.
The
transportation element described in this subsection, and the six-year plans
required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW
35.58.2795 for public transportation systems, must be consistent.
*Sec. 6 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 7. A
new section is added to chapter 36.70A RCW to read as follows:
As
part of the review required by RCW 36.70A.130(1), a county or city shall review
its mineral resource lands designations adopted pursuant to RCW 36.70A.170 and
mineral resource lands development regulations adopted pursuant to RCW
36.70A.040 and 36.70A.060. In its review, the county or city shall take into
consideration:
(1)
New information made available since the adoption or last review of its
designations or development regulations, including data available from the
department of natural resources relating to mineral resource deposits; and
(2)
New or modified model development regulations for mineral resource lands
prepared by the department of natural resources, the department of community,
trade, and economic development, or the Washington state association of
counties.
Sec.
8. 1995
c 347 s 433 (uncodified) is amended to read as follows:
((Sections
413 and 421 of this act)) RCW 36.70B.090 and 64.40.050 shall expire
June 30, ((1998)) 2000. The provisions of ((sections 413 and
421 of this act)) RCW 36.70B.090 and 64.40.050 shall apply to
project permit applications determined to be complete pursuant to RCW
36.70B.070 on or before June 30, ((1998)) 2000.
Sec.
9. 1995
c 347 s 411 (uncodified) is amended to read as follows:
The
amendments to RCW ((36.70A.065)) 36.70B.080 contained in section
409 ((of this act)), chapter 347, Laws of 1995 shall expire July
1, ((1998)) 2000.
Sec.
10. 1995
c 347 s 412 (uncodified) is amended to read as follows:
Section
410 ((of this act)), chapter 347, Laws of 1995 shall take effect
July 1, ((1998)) 2000.
