BILL REQ. #:  H-2816.2 

Read first time 01/15/14.   Referred to Committee on Local Government.

     AN ACT Relating to notice requirements for land use applications and decisions; amending RCW 36.70C.040 and 58.17.040; adding a new section to chapter 36.70C RCW; and adding new sections to chapter 58.17 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70C RCW to read as follows:
     The legislature finds that land use decisions concerning preliminary short plats of short subdivisions or boundary line adjustments can adversely affect adjacent landowners' and residents' property interests, neighborhood designs, and environmental values. To protect these interests and values, the legislature recognizes that neighbors and community organizations may need to file timely challenges to land use decisions, and to do so, they must receive timely and appropriate notice of the land use decisions.
     The legislature finds also that due process requires notice to be given to adjacent landowners and residents of land use decisions related to the preliminary short plat approval of a short subdivision or the approval of a boundary line adjustment. Notice is necessary to ensure that adjacent landowners and residents have the opportunity to file challenges or assert their property interests. The legislature intends that the statute of limitations set forth in this chapter for challenging land use decisions does not begin to run until notice of a land use decision is provided to adjacent landowners and residents in accordance with sections 4 and 5 of this act.

Sec. 2   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) 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) 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) 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 person has abandoned the appeal or the person's claims were dismissed before the quasi-judicial decision was rendered. Persons who later intervened or joined in the appeal are not required to be made parties under this subsection.
     (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 the land use decision relates to the preliminary short plat approval of a short subdivision or the approval of a boundary line adjustment in a city with a population of five hundred thousand or more, the date that notice of the decision is effective pursuant to section 4 or 5 of this act; or
     (d) If ((neither (a) nor (b) of this subsection applies)) (a), (b), and (c) of this subsection do not apply, 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. 3   RCW 58.17.040 and 2004 c 239 s 1 are each amended to read as follows:
     The provisions of this chapter shall not apply to:
     (1) Cemeteries and other burial plots while used for that purpose;
     (2) Divisions of land into lots or tracts each of which is one-one hundred twenty-eighth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land, unless the governing authority of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;
     (3) Divisions made by testamentary provisions, or the laws of descent;
     (4) Divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
     (5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;
     (6) ((A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site;
     (7))) Divisions of land into lots or tracts if: (a) Such division is the result of subjecting a portion of a parcel or tract of land to either chapter 64.32 or 64.34 RCW subsequent to the recording of a binding site plan for all such land; (b) the improvements constructed or to be constructed thereon are required by the provisions of the binding site plan to be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (c) a city, town, or county has approved the binding site plan for all such land; (d) such approved binding site plan is recorded in the county or counties in which such land is located; and (e) the binding site plan contains thereon the following statement: "All development and use of the land described herein shall be in accordance with this binding site plan, as it may be amended with the approval of the city, town, or county having jurisdiction over the development of such land, and in accordance with such other governmental permits, approvals, regulations, requirements, and restrictions that may be imposed upon such land and the development and use thereof. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest. This binding site plan shall be binding upon all now or hereafter having any interest in the land described herein." The binding site plan may, but need not, depict or describe the boundaries of the lots or tracts resulting from subjecting a portion of the land to either chapter 64.32 or 64.34 RCW. A site plan shall be deemed to have been approved if the site plan was approved by a city, town, or county: (i) In connection with the final approval of a subdivision plat or planned unit development with respect to all of such land; or (ii) in connection with the issuance of building permits or final certificates of occupancy with respect to all of such land; or (iii) if not approved pursuant to (i) and (ii) of this subsection (((7))) (6)(e), then pursuant to such other procedures as such city, town, or county may have established for the approval of a binding site plan;
     (((8))) (7) A division for the purpose of leasing land for facilities providing personal wireless services while used for that purpose. "Personal wireless services" means any federally licensed personal wireless service. "Facilities" means unstaffed facilities that are used for the transmission or reception, or both, of wireless communication services including, but not necessarily limited to, antenna arrays, transmission cables, equipment shelters, and support structures; and
     (((9))) (8) A division of land into lots or tracts of less than three acres that is recorded in accordance with chapter 58.09 RCW and is used or to be used for the purpose of establishing a site for construction and operation of consumer-owned or investor-owned electric utility facilities. For purposes of this subsection, "electric utility facilities" means unstaffed facilities, except for the presence of security personnel, that are used for or in connection with or to facilitate the transmission, distribution, sale, or furnishing of electricity including, but not limited to, electric power substations. This subsection does not exempt a division of land from the zoning and permitting laws and regulations of cities, towns, counties, and municipal corporations. Furthermore, this subsection only applies to electric utility facilities that will be placed into service to meet the electrical needs of a utility's existing and new customers. New customers are defined as electric service locations not already in existence as of the date that electric utility facilities subject to the provisions of this subsection are planned and constructed.

NEW SECTION.  Sec. 4   A new section is added to chapter 58.17 RCW to read as follows:
     (1) Except as provided otherwise by this section, this chapter does not apply to a division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, that does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division that contains insufficient area and dimension to meet minimum requirements for width and area for a building site.
     (2) Upon receipt of a complete application for approval of a boundary line adjustment in a city with a population of five hundred thousand or more, the officer charged with administration of regulations pertaining to boundary line adjustments must provide notice of the application to all adjacent landowners and residents and an opportunity to submit comments.
     (3) If a boundary line adjustment in a city with a population of five hundred thousand or more is approved, the officer charged with administration of regulations pertaining to boundary line adjustments must provide notice of the decision to all adjacent landowners and residents.
     (4) The legislative body of a city with a population of five hundred thousand or more must adopt regulations and procedures for providing notice in accordance with this section.
     (a) At a minimum, the required notice must be:
     (i) Mailed to each adjacent landowner and resident at the mailing address on record with the city or county, or if no mailing address is on record, the physical address of the adjacent property; and
     (ii) Posted on the property subject to the proposed boundary line adjustment in a manner reasonably calculated to provide notice to all adjacent landowners and residents.
     (b) Notice is effective three days after being mailed to all adjacent landowners and residents, or on the date notice is posted on the property subject to the proposed boundary line adjustment, whichever is later.
     (5) For purposes of this section, "adjacent landowners and residents" means owners, as shown by the records of the county assessor, residents, and persons who are both owners and residents of real property located within three hundred feet of any portion of the boundary of the property subject to the proposed boundary line adjustment. If the owner of the real property proposed to be adjusted owns another parcel or parcels of real property, that lie adjacent to the real property proposed to be adjusted, notice under this section must be given to the owners and residents of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels owned by the owner of the real property subject to the proposed boundary line adjustment.

NEW SECTION.  Sec. 5   A new section is added to chapter 58.17 RCW to read as follows:
     (1) Upon receipt of a complete application for preliminary short plat approval of a short subdivision in a city with a population of five hundred thousand or more, the officer charged with administration of regulations pertaining to short plats and short subdivisions must provide notice of the application to all adjacent landowners and residents and an opportunity to submit comments.
     (2) If a preliminary short plat of a short subdivision in a city with a population of five hundred thousand or more is approved, the officer charged with administration of regulations pertaining to short plats and short subdivisions must provide notice of the decision to all adjacent landowners and residents.
     (3) The legislative body of a city with a population of five hundred thousand or more must adopt regulations and procedures for providing notice in accordance with this section.
     (a) At a minimum, the required notice must be:
     (i) Mailed to each adjacent landowner and resident at the mailing address on record with the city or county, or if no mailing address is on record, the physical address of the adjacent property; and
     (ii) Posted on the property proposed to be subdivided in a manner reasonably calculated to provide notice to all adjacent landowners and residents.
     (b) Notice is effective three days after being mailed to all adjacent landowners and residents, or on the date notice is posted on the property proposed to be subdivided, whichever is later.
     (4) For purposes of this section, "adjacent landowners and residents" means owners, as shown by the records of the county assessor, residents, and persons who are both owners and residents of real property located within three hundred feet of any portion of the boundary of the proposed short subdivision. If the owner of the real property proposed to be subdivided owns another parcel or parcels of real property, that lie adjacent to the real property proposed to be subdivided, notice under this section must be given to the owners and residents of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels owned by the owner of the real property proposed to be subdivided.