HomeMy WebLinkAbout2024-08-28 Planning Board PacketAgenda
Edmonds Planning Board
REGULAR MEETING
BRACKETT ROOM
121 5TH AVE N, CITY HALL - 3RD FLOOR, EDMONDS, WA 98020
AUGUST 28, 2024, 7:00 PM
Edmonds Planning Board Agenda
August 28, 2024
Page 1
REMOTE MEETING INFORMATION:
Meeting Link:https://edmondswa-
gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxITG9LZkc3K0huS0l4QT09 Meeting ID: 873 2287
2194 Passcode:007978
This is a Hybrid meeting: The meeting can be attended in-person or on-line. The physcial
meeting location is at Edmonds City Hall 121 5th Avenue N., 3rd floor Brackett Rooom
Or Telephone :US: +1 253 215 8782
LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and
their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and
taken care of these lands. We respect their sovereignty, their right to self-determination, and we
honor their sacred spiritual connection with the land and water.
1. CALL TO ORDER
A. 8857 : Student Representative to Planning Board
2. APPROVAL OF MINUTES
A. Previous meeting Minutes
3. ANNOUNCEMENT OF AGENDA
4. AUDIENCE COMMENTS
For topics not scheduled for a public hearing. Please limit your comments to 3 minutes.
5. ADMINISTRATIVE REPORTS
6. PUBLIC HEARINGS
A. Public hearing on code amendments to update land use permit processes per SB 5290 and HB
1105 (AMD2024-0002)
7. UNFINISHED BUSINESS
8. NEW BUSINESS
9. SUBCOMMITTEE REPORT
10. PLANNING BOARD EXTENDED AGENDA
Edmonds Planning Board Agenda
August 28, 2024
Page 2
A. Extended Agenda
11. PLANNING BOARD MEMBER COMMENTS
12. PLANNING BOARD CHAIR COMMENTS
13. ADJOURNMENT
Planning Board Agenda Item
Meeting Date: 08/28/2024
Selection of Student Representative to the Planning Board
Staff Lead: Mike Clugston
Department: Planning & Development
Prepared By: Michelle Martin
Background/History
N/A
Staff Recommendation
Consider Isaac's application and vote on whether to have him on the Board.
Narrative
The Planning Board can select a student representative to join the Board as a non-voting member
consistent with ECC 10.03.040. Isaac Fortin applied because of he has an interest urban planning. He’s
been interviewed by the Chair and Vice Chair, who now want to discuss having him serve as the student
rep with the rest of the Board. His application is attached.
Attachments:
Isaac Fortin Application
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Planning Board Agenda Item
Meeting Date: 08/28/2024
Previous meeting Minutes
Staff Lead: Mike Clugston
Department: Planning & Development
Prepared By: Michelle Martin
Background/History
The Planning Board held a Special Meeting and Regular meeting on the same day.
Staff Recommendation
Review and approve meeting minutes from July 24th Special and Regular Meetings.
Narrative
July 24th Special Meeting Minutes attached from 6 pm.
July 24th Regular Meeting Minutes attached from 7 pm.
Attachments:
PB 07242024 Special Mtg
PB 07242024 Regular Mtg
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Planning Board Special Meeting Minutes
July 24, 2024 Page 1 of 3
DRAFT
CITY OF EDMONDS PLANNING BOARD
Minutes of Special Meeting
July 24, 2024
Chair Mitchell called the special hybrid meeting of the Edmonds Planning Board to order at 6:00 p.m. at
Edmonds City Hall and on Zoom.
LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
The Land Acknowledgement was read by Board Member Li.
Board Members Present
Jeremy Mitchell, Chair
Judi Gladstone
Lee Hankins
Nick Maxwell
Steven Li
Board Members Absent
Lauren Golembiewski (excused)
Susanna Martini
Staff Present
Susan McLaughlin, Development Services Director
Navyusha Pentakota, Urban Design Planner
ANNOUNCEMENT OF AGENDA
THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS PRESENTED.
AUDIENCE COMMENTS
None
UNFINISHED BUSINESS
A. Land Use Goals/Policies and Housing Elements
Subcommittee chairs summarized the subcommittees’ comments and recommendations on the draft Land Use
Goals and the Housing Element. Both groups expressed a desire to restructure the existing documents; condense
the number of goals; and clarify goals, policies, and actions/missions. Kirkland was mentioned as an
understandable model for goals and policies for land use.
A concern was raised about the focus on low income and affordable housing to the exclusion of every other
type of home in Edmonds without addressing existing neighborhoods. There was a recommendation to retain
material from the 2020 Comprehensive Plan Land Use Element about single-family residential neighborhoods.
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Planning Board Special Meeting Minutes
July 24, 2024 Page 2 of 3
Staff explained that there are no more single-family residential neighborhoods because of state legislation. There
was a recommendation to look to see how Kirkland addressed this. It was noted that new terms would be needed
to discuss this topic.
Board members also noted that some items should be reconsidered which are out of the City’s purview. They
pointed out a need to strengthen the focus on developing around centers and hubs. Staff invited the
subcommittees to present their recommendations in a joint City Council/Planning Board meeting on August 6.
There was discussion about the process going forward.
Land Use Goals/Policies
The group debated land use goals and policies related to equity.
MOTION MADE BY BOARD MEMBER MAXWELL, SECONDED BY BOARD MEMBER
GLADSTONE, TO REQUEST THE “TOP BOX” REGARDING EQUITY BECOME THE LAND
USE POLICY AS MUCH AS POSSIBLE, UNDERSTANDING THEY ARE NOT TALKING ABOUT
THE GROWTH IN HUBS AND CENTERS.
Goals and policies promote equity by promoting development in underserved neighborhoods where
infrastructure and public resources (for example, parks, trails, libraries, community centers,
sidewalks, storm water systems, tec.) are currently weaker than they are in other places.
This includes not adding more infrastructure and public assets where they are already plentiful and
strong. For example, not adding more public facilities and resources to Downtown or the Creative
District.
Equity means having Edmonds work as well for every Edmonds resident as it does for everyone else.
This policy includes dropping policies LU-1.1, LU-3.1, LU-3.2, LU-5.1.
There was a question if the focus on equity was the best way to get the results they want. How can they invest
in all the neighborhoods in a thoughtful way in order to benefit the entire city? Staff brought up the importance
of Edmonds’ two activity centers in the GMA framework. Policies that seem in conflict with each other were
discussed. There was discussion about having a holistic approach to certain policies rather than just geographic.
BOARD MEMBER GLADSTONE MADE A FRIENDLY AMENDMENT THAT THE MOTION
INCLUDE REVISING THE POLICIES LISTED INSTEAD OF DROPPING THEM (EXCEPT LU-
3.1).
BOARD MEMBER GLADSTONE MADE ANOTHER FRIENDLY AMENDMENT TO MODIFY
THE FIRST SENTENCE TO SAY, “GOALS AND POLICIES PROMOTE EQUITY BY
PROMOTING INVESTING IN DEVELOPMENT IN UNDERSERVED . . .”
MOTION PASSED UNANIMOUSLY (5-0) TO APPROVE THE MOTION AS AMENDED.
Sexually Oriented Businesses:
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Planning Board Special Meeting Minutes
July 24, 2024 Page 3 of 3
It was recommended that this goal be removed since it is not required.
MOTION MADE BY BOARD MEMBER MAXWELL, SECONDED BY BOARD MEMBER
GLADSTONE, THAT THE GOAL FOR SEXUALLY ORIENTED BUSINESSES BE REMOVED.
MOTION PASSED UNANIMOUSLY (5-0).
Human/Pedestrian-scaled and public-transportation-oriented structures and infrastructure:
MOTION MADE BY BOARD MEMBER MAXWELL, SECONDED BY BOARD MEMBER
GLADSTONE, THAT HUMAN/PEDESTRIAN-SCALED AND PUBLIC-TRANSPORTATION-
ORIENTED STRUCTURES AND INFRASTRUCTURE BE A GOAL FOR ALL OF EDMONDS.
HUMAN SCALED STRUCTURES AND INFRASTRUCTURE INCLUDE WALKABILITY,
HUMAN SCALED BUILDING HEIGHTS, GROUND-FLOOR PEDESTRIAN ENGAGEMENT,
MIXED USE AND LIVE/WORK HOUSING CHOICES, AND MINIMIZING TRAFFIC, NOISE,
WATER POLLUTION, AIR POLLUTION, AND NIGHTTIME LIGHT POLLUTION.
Director McLaughlin explained that live/work can be problematic in areas where they want to promote ground
level commercial or retail. It may not be appropriate in the core of downtown. Board members felt that all the
centers and hubs should have the same standard as what is in downtown.
THE MOTION WAS TABLED DUE TO LACK OF TIME.
PLANNING BOARD MEMBER COMMENTS
None
PLANNING BOARD CHAIR COMMENTS
None
ADJOURNMENT:
The meeting was adjourned at 7:03 p.m.
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Planning Board Meeting Minutes
July 24, 2024 Page 1 of 5
DRAFT
CITY OF EDMONDS PLANNING BOARD
Minutes of Hybrid Meeting
July 24, 2024
Chair Mitchell called the hybrid meeting of the Edmonds Planning Board to order at 7:00 p.m. at Edmonds City
Hall and on Zoom.
LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES
The Land Acknowledgement was read by Board Member Gladstone.
Board Members Present
Jeremy Mitchell, Chair
Judi Gladstone
Lee Hankins
Nick Maxwell
Steven Li
Board Members Absent
Lauren Golembiewski (excused)
Susanna Martini (excused)
Staff Present
Susan McLaughlin, Development Services Director
Navyusha Pentakota, Urban Design Planner
Tristan Sewell, Planner
Leif Bjorback, Building Official
READING/APPROVAL OF MINUTES
MOTION MADE BY BOARD MEMBER GLADSTONE, SECONDED BY BOARD MEMBER
MAXWELL, TO APPROVE THE MINUTES OF JUNE 26, 2024 AS PRESENTED. MOTION
PASSED UNANIMOUSLY.
MOTION MADE BY BOARD MEMBER HANKINS, SECONDED BY BOARD MEMBER LI, TO
APPROVE THE MINUTES OF JULY 10, 2024 AS PRESENTED. MOTION PASSED
UNANIMOUSLY.
Board Member Gladstone noted that the minutes from February 28, 2024 should indicate she was absent from
the meeting because she had recused herself due the topic being discussed.
MOTION MADE BY BOARD MEMBER GLADSTONE, SECONDED BY BOARD MEMBER
MAXWELL, TO APPROVE THE MINUTES OF FEBRUARY 28, 2024 SPECIAL MEETING AS
AMENDED.
MOTION PASSED 4-0.
• AYES: MITCHELL, GLADSTONE, MAXWELL, HANKINS
• NOES: NONE
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Planning Board Meeting Minutes
July 24, 2024 Page 2 of 5
• ABSTAIN: LI
ANNOUNCEMENT OF AGENDA
Chair Mitchell recommended continuing the discussion subcommittee recommendations related to Land Use
Goals/Policies and the Housing Element to Unfinished Business.
THERE WAS UNANIMOUS CONSENT TO APPROVE THE AGENDA AS AMENDED.
AUDIENCE COMMENTS
None
ADMINISTRATIVE REPORTS
None
PUBLIC HEARINGS
None
NEW BUSINESS
A. AMD2023-0002 Code Amendment for Legislative Conformance with SB5290 – “Concerning
consolidating local permit review processes."
A board member asked if there is anything in the code amendment that is not specifically driven by the RCW.
Staff will follow up.
UNFINISHED BUSINESS
A. Green Building Incentives Pilot Code Amendments
Planner Tristan Sewell and Building Official Leif Bjorback made the presentation regarding the Green Building
Incentives Pilot Code Amendments. They gave a recap of the process to date and introduced topics for
discussion: enforcement case studies; proposed enforcement measures; bond examples; and CW and CG zones.
Proposed enforcement measures would be a proof of certification required prior to issuance of Certificate of
Occupancy; otherwise, two 2-year performance bonds required. Failure to certify within two years would
require surrendering the bonds as penalty. Examples of how this would work with various projects were
reviewed. Questions were asked about who is responsible for the costs, how long the ROI takes to pay back,
and if the incentives are enough. There was a recommendation that the Certificate of Occupancy be denied (or
removed if already provided) in situations where there was a land use variance accompanied by failure to
achieve certification. There was concern about the occupants being penalized for a developer’s inadequacy. It
was noted that the policy for sidewalks is the same. Staff mentioned there is an option to do a Conditional
Certificate of Occupancy. There are also significant dollar amounts on the line for developers’ land use
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Planning Board Meeting Minutes
July 24, 2024 Page 3 of 5
incompliance. Fees collected would go to supporting other green building programs for the city. Staff added
that the percentage of people that do not make the goal in two years is very low. The group debated the adequacy
of the incentives and penalties. Staff also reviewed potential incentives in Waterfront (CW) and General (CG)
Commercial zones.
MOTION MADE BY BOARD MEMBER GLADSTONE, SECONDED BY BOARD MEMBER
HANKINS, TO RECOMMEND THAT THIS MOVE FORWARD TO CITY COUNCIL.
CHAIR MITCHELL MOVED, BOARD MEMBER MAXWELL SECONDED, TO AMEND THE
MOTION TO ADD A LIEN ON THE PROPERTY IN ADDITION TO A PERFORMANCE BOND
FOR MULTIFAMILY.
There was some discussion about the appropriateness of a lien. Concerns were raised about the impact of the
penalties on different parties.
There was a suggestion to stick to height and expedited review and not offer setbacks as an incentive. In the
event that a builder doesn’t meet their certification requirements, height and expedited review seem to be less
of an imposition on neighbors. It was noted that even if a builder doesn’t meet its certification, because of the
checkpoints it is still going to be mostly green built; therefore, the risk isn’t that concerning. Staff concurred.
MOTION TO AMEND FAILED (exact count inaudible).
MOTION TO AMEND MADE BY BOARD MEMBER MAXWELL TO REMOVE ALL SETBACKS
AS AN INCENTIVE. THE MOTION DIED FOR LACK OF A SECOND.
THE MAIN MOTION WAS APPROVED 4-1.
• YAYS: MITCHELL, GLADSTONE, LI, HANKINS
• NAY: MAXWELL
It was decided that staff would draft a summary memo based on the discussion.
B. Subcommittee Work on Land Use Goals/Policies and Housing Element
Housing Element Subcommittee:
There was some debate about whether H-9.1 and 9.3 were just implementing the law or going beyond what is
required. Staff explained the intent was to remove barriers too middle housing. There was some concern by
Planning Board members that these might be going too far too soon and a recommendation to change the
verbiage to “consider” or “explore”. Staff generally reviewed middle housing regulations and what middle
housing is for the benefit of new members.
The subcommittee recommended deleting several goals because of redundancy. There was a recommendation
to separate out policies that apply citywide versus those that are geographic-specific. They referred to policy H-
2.3 and recommended that higher density zoning be allowed around all transit locations, not just centers and
hubs. Policy H-1.6 says to provide opportunities to support co-housing needs clarification. Director McLaughlin
concurred and explained how this has been modified.
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Planning Board Meeting Minutes
July 24, 2024 Page 4 of 5
The subcommittee supported removing Goal 3 but keeping/modifying the policies beneath it and moving them
elsewhere. Regarding policy H-3.1, the group felt that preserving historic buildings is the not the same as
preserving modest/older housing stock. Staff brought up a concern that this could be used against any growth
or development opportunity to say that any older housing stock would be validated for preservation. There was
discussion about if there even is naturally occurring affordable housing in Edmonds to preserve, if it is possible
to encourage homeowners to preserve and rehabilitate older housing stock rather than flipping property for
maximum returns, and methods of supporting preservation of older housing stocks. There was agreement that
the policy should not dictate the methods but be broad enough to allow for solutions. Staff expressed concern
about having policies that are too vague. The group generally questioned if preservation is the best policy. Staff
will continue to work on this verbiage with the intent of avoiding the loss of existing affordable housing. There
was discussion about the environmental component of this as well.
The group doesn’t support the in-lieu fee for affordable housing (H-7.2) unless there is a policy for how the
funds get used. H-2 and 3 are big topics that need more discussion. Staff explained these are state mandates.
Director McLaughlin will confirm if Edmonds aligns with that mandate or exceeds it. There was a comment in
support of having group homes in single-family homes with supportive services in residential areas. Goal H-5
needs language that avoids actions that result in displacement. Goal 6 should refer to working toward
eliminating racial inequity rather than minimalizing it. H-9.5 has a lot inherent in the policy. These should be
“considered” rather than assume that it will all be done.
There was discussion about how to proceed with a recommendation for Council. It was noted that these are
subcommittee recommendations and have not been fully vetted by the whole group. The study session on
August 6 with the Council will be an opportunity for more discussion.
PLANNING BOARD EXTENDED AGENDA
August 6 – Special joint meeting with Council.
Staff reviewed the workflow timeline for the Draft EIS. The Draft EIS will be published on August 22 followed
by a 30-day public comment period and subsequent revision by staff. The Planning Board will be discussing
and making a recommendation on the final EIS and the Comprehensive Plan in October 23.
There will likely be another special meeting on September 11 or 25 related to transportation. Board Member
Gladstone will not be attending the September 25 meeting.
PLANNING BOARD MEMBER COMMENTS
Board Member Hankins reported on his meeting as liaison with the Economic Development Commission where
they discussed how to close the current Edmonds budget gap. He will continue to attend and provide updates.
Board Member Maxwell reminded the group about email protocol.
Board Members Li and Gladstone expressed appreciation for the discussion.
PLANNING BOARD CHAIR COMMENTS
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Planning Board Meeting Minutes
July 24, 2024 Page 5 of 5
Chair Mitchell thanked everyone for the subcommittee work.
ADJOURNMENT:
The meeting was adjourned at 9:07 p.m.
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Planning Board Agenda Item
Meeting Date: 08/28/2024
Public hearing on code amendments to update land use permit processes per SB 5290 and HB 1105
(AMD2024-0002)
Staff Lead: Amber Brokenshire
Department: Planning & Development
Prepared By: Amber Brokenshire
Background/History
During the 2023 legislative session, the Washington State Legislature passed, and the
Governor signed Senate Bill 5290, updating portions of the Local Project Review Act,
Chapter 36.70B RCW. The intent of the updates was to consolidate, streamline, and
improve project review and permitting, with an emphasis on housing development, and
to reduce the amount of time it takes for projects complying with local development
regulations to receive approval. To accomplish this goal, SB 5290 contained thirteen
separate sections including a variety of mandatory and voluntary measures for local
government agencies to consider when implementing permit streamlining. The
legislation is included as Attachment 1.
House Bill 1105, also passed during the legislative session, requires public agencies to
provide notice for public comment that includes the last date and time by which such
public comments must be submitted. The legislation is included as Attachment 4.
While these code changes are solely procedural as required by RCW 36.70B, review and
recommendation by the Planning Board is required consistent with ECDC 20.80 (Text
and Map Changes).
Because these updates are solely procedural, they are exempt from requiring a SEPA
threshold determination consistent with WAC 197-11-800(19).
Staff Recommendation
After a brief staff presentation, the Planning Board should open the public hearing to
take public testimony on the draft redline/strike-out code in Attachment 4.
If the Board is satisfied with the draft language and has no additional comments, staff
asks that the Board forward the draft code in Attachment 4 to City Council. A decision
memo is not needed since the code changes are procedural rather and policy-related.
Narrative
Key Components of Senate Bill 5290
The SB 5290 updates contain a new series of requirements for local governments. Key components of
the legislation are included below, and a comprehensive summary including the effective date of each
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change has been outlined by a fact sheet developed by the Washington State Department of Commerce
and included in Attachment 2.
· Project Permits - The legislation defines project permits as, any land use or environmental
permit or license required from a local government for a project action, including but not limited
to subdivisions, binding site plans, planned unit developments, conditional uses, shoreline
substantial development permits, site plan review, permits or approvals by critical areas
ordinances, site-specific rezones which do not require a comprehensive plan amendment, but
excluding the adoption or amendment of a comprehensive plan, subarea plan, or development
regulations except as otherwise specifically included in RCW 36.70B.
· Permit Timelines - The legislation established new permit review time periods for project
permits. The updated timelines were established in three separate tiers, based on public
involvement, and may be modified by local ordinance.
The new default time periods are:
1. 65 days for permits that do not require public notice
2. 100 days for permits that require public notice, but not a public hearing
3. 170 days for permits that require public notice and a public hearing
The time periods include the number of calendar days it takes a local government to reach a
final decision and excludes the application completeness check process and time periods when
the local government is waiting on an applicant response. As outlined in RCW 36.70B.080, these
new permit timelines will take effect on January 1, 2025, unless a local government agency
elects to modify the review timelines based on special circumstances.
· Permit Fee Refunds - As a potential consequence the legislation includes a measure that, in
some circumstances, may require jurisdictions to refund a portion of the permit fees when the
timelines are not met. The portion of the refund may range from 10-20% based on criteria
established in RCW 36.70B.080.
· Streamlining Measures - As an incentive the legislation provides an option for jurisdictions to
adopt a minimum of three out of ten streamlining measures as listed in RCW 36.70B.160 to
avoid refunding permit fees. Jurisdictions that implement three streamlining measures will need
to meet adopted permit timelines fifty percent of the time by the next comprehensive plan
update after January 1, 2026, or be required to adopt additional streamlining measures.
· Performance Reports - RCW 36.70B.080 also establishes a new set of criteria for annual
performance reports and requires certain jurisdictions, including Edmonds, to publish the
reports online and provide copies to the Department of Commerce.
· Procedural Changes - The legislation also included several procedural updates including but not
limited to changes in definitions, requirements for determination of permit application
completeness, excluding site plan review for most interior alterations, clarifying permit
application submittal requirements, and minor amendments to citations.
Key Components of House Bill 1105
HB1105 requires public agencies to provide notice for public comment that includes the last date and
time by which such public comments must be submitted. The Washington House Bill text is Attachment
3.
Attachments:
1. Senate Bill 5290 Session Law
2. Local Project Review Act Commerce Fact Sheet
3. House Bill 1105 Session Law
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4 DRAFT Redline strikethrough SB 5290 & HB 1105 Code Amendment v.2
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CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE SENATE BILL 5290
Chapter 338, Laws of 2023
68th Legislature
2023 Regular Session
PROJECT PERMITS—LOCAL PROJECT REVIEW—VARIOUS PROVISIONS
EFFECTIVE DATE: July 23, 2023—Except for section 7, which takes
effect January 1, 2025.
Passed by the Senate April 17, 2023
Yeas 47 Nays 0
DENNY HECK
President of the Senate
Passed by the House April 10, 2023
Yeas 98 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
CERTIFICATE
I, Sarah Bannister, Secretary of
the Senate of the State of
Washington, do hereby certify that
the attached is SECOND SUBSTITUTE
SENATE BILL 5290 as passed by the
Senate and the House of
Representatives on the dates hereon
set forth.
SARAH BANNISTER
Secretary
Approved May 8, 2023 1:17 PM FILED
May 10, 2023
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
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AN ACT Relating to consolidating local permit review processes; 1
amending RCW 36.70B.140, 36.70B.020, 36.70B.070, 36.70B.080, and 2
36.70B.160; reenacting and amending RCW 36.70B.110; adding new 3
sections to chapter 36.70B RCW; creating new sections; and providing 4
an effective date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 36.70B.140 and 1995 c 347 s 418 are each amended to 7
read as follows:8
(1) A local government by ordinance or resolution may exclude the 9
following project permits from the provisions of RCW 36.70B.060 10
through 36.70B.090 and 36.70B.110 through 36.70B.130: Landmark 11
designations, street vacations, or other approvals relating to the 12
use of public areas or facilities, or other project permits, whether 13
administrative or quasi-judicial, that the local government by 14
ordinance or resolution has determined present special circumstances 15
that warrant a review process or time periods for approval which are 16
different from that provided in RCW 36.70B.060 through 36.70B.090 and 17
36.70B.110 through 36.70B.130.18
(2) A local government by ordinance or resolution also may 19
exclude the following project permits from the provisions of RCW 20
36.70B.060 and 36.70B.110 through 36.70B.130: Lot line or boundary 21
SECOND SUBSTITUTE SENATE BILL 5290
AS AMENDED BY THE HOUSE
Passed Legislature - 2023 Regular Session
State of Washington 68th Legislature 2023 Regular Session
By Senate Ways & Means (originally sponsored by Senators Mullet,
Kuderer, Fortunato, Liias, Nobles, Saldaña, and C. Wilson; by request
of Office of the Governor)
READ FIRST TIME 02/24/23.
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adjustments and building and other construction permits, or similar 1
administrative approvals, categorically exempt from environmental 2
review under chapter 43.21C RCW, or for which environmental review 3
has been completed in connection with other project permits.4
(3) A local government must exclude project permits for interior 5
alterations from site plan review, provided that the interior 6
alterations do not result in the following:7
(a) Additional sleeping quarters or bedrooms;8
(b) Nonconformity with federal emergency management agency 9
substantial improvement thresholds; or10
(c) Increase the total square footage or valuation of the 11
structure thereby requiring upgraded fire access or fire suppression 12
systems.13
(4) Nothing in this section exempts interior alterations from 14
otherwise applicable building, plumbing, mechanical, or electrical 15
codes.16
(5) For purposes of this section, "interior alterations" include 17
construction activities that do not modify the existing site layout 18
or its current use and involve no exterior work adding to the 19
building footprint.20
NEW SECTION. Sec. 2. A new section is added to chapter 36.70B 21
RCW to read as follows:22
(1) Subject to the availability of funds appropriated for this 23
specific purpose, the department of commerce must establish a 24
consolidated permit review grant program. The department may award 25
grants to any local government that provides, by ordinance, 26
resolution, or other action, a commitment to the following building 27
permit review consolidation requirements:28
(a) Issuing final decisions on residential permit applications 29
within 45 business days or 90 calendar days.30
(i) To achieve permit review within the stated time periods, a 31
local government must provide consolidated review for building permit 32
applications. This may include an initial technical peer review of 33
the application for conformity with the requirements of RCW 34
36.70B.070 by all departments, divisions, and sections of the local 35
government with jurisdiction over the project.36
(ii) A local government may contract with a third-party business 37
to conduct the consolidated permit review or as additional inspection 38
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staff. Any funds expended for such a contract may be eligible for 1
reimbursement under this act.2
(iii) Local governments are authorized to use grant funds to 3
contract outside assistance to audit their development regulations to 4
identify and correct barriers to housing development.5
(b) Establishing an application fee structure that would allow 6
the jurisdiction to continue providing consolidated permit review 7
within 45 business days or 90 calendar days.8
(i) A local government may consult with local building 9
associations to develop a reasonable fee system.10
(ii) A local government must determine, no later than July 1, 11
2024, the specific fee structure needed to provide permit review 12
within the time periods specified in this subsection (1)(b).13
(2) A jurisdiction that is awarded a grant under this section 14
must provide a quarterly report to the department of commerce. The 15
report must include the average and maximum time for permit review 16
during the jurisdiction's participation in the grant program.17
(3) If a jurisdiction is unable to successfully meet the terms 18
and conditions of the grant, the jurisdiction must enter a 90-day 19
probationary period. If the jurisdiction is not able to meet the 20
requirements of this section by the end of the probationary period, 21
the jurisdiction is no longer eligible to receive grants under this 22
section.23
(4) For the purposes of this section, "residential permit" means 24
a permit issued by a city or county that satisfies the conditions of 25
RCW 19.27.015(5) and is within the scope of the international 26
residential code, as adopted in accordance with chapter 19.27 RCW.27
NEW SECTION. Sec. 3. A new section is added to chapter 36.70B 28
RCW to read as follows:29
(1) Subject to the availability of funds appropriated for this 30
specific purpose, the department of commerce must establish a grant 31
program for local governments to update their permit review process 32
from paper filing systems to software systems capable of processing 33
digital permit applications, virtual inspections, electronic review, 34
and with capacity for video storage.35
(2) The department of commerce may only provide a grant under 36
this section to a city if the city allows for the development of at 37
least two units per lot on all lots zoned predominantly for 38
residential use within its jurisdiction.39
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NEW SECTION. Sec. 4. A new section is added to chapter 36.70B 1
RCW to read as follows:2
(1) Subject to the availability of amounts appropriated for this 3
specific purpose, the department of commerce must convene a digital 4
permitting process work group to examine potential license and 5
permitting software for local governments to encourage streamlined 6
and efficient permit review.7
(2) The department of commerce, in consultation with the 8
association of Washington cities and Washington state association of 9
counties, shall appoint members to the work group representing groups 10
including but not limited to:11
(a) Cities and counties;12
(b) Building industries; and13
(c) Building officials.14
(3) The department of commerce must convene the first meeting of 15
the work group by August 1, 2023. The department must submit a final 16
report to the governor and the appropriate committees of the 17
legislature by August 1, 2024. The final report must:18
(a) Evaluate the existing need for digital permitting systems, 19
including impacts on existing digital permitting systems that are 20
already in place;21
(b) Review barriers preventing local jurisdictions from accessing 22
or adopting digital permitting systems;23
(c) Evaluate the benefits and costs associated with a statewide 24
permitting software system; and25
(d) Provide budgetary, administrative policy, and legislative 26
recommendations to increase the adoption of or establish a statewide 27
system of digital permit review.28
Sec. 5. RCW 36.70B.020 and 1995 c 347 s 402 are each amended to 29
read as follows:30
Unless the context clearly requires otherwise, the definitions in 31
this section apply throughout this chapter.32
(1) "Closed record appeal" means an administrative appeal on the 33
record to a local government body or officer, including the 34
legislative body, following an open record hearing on a project 35
permit application when the appeal is on the record with no or 36
limited new evidence or information allowed to be submitted and only 37
appeal argument allowed.38
(2) "Local government" means a county, city, or town.39
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(3) "Open record hearing" means a hearing, conducted by a single 1
hearing body or officer authorized by the local government to conduct 2
such hearings, that creates the local government's record through 3
testimony and submission of evidence and information, under 4
procedures prescribed by the local government by ordinance or 5
resolution. An open record hearing may be held prior to a local 6
government's decision on a project permit to be known as an "open 7
record predecision hearing." An open record hearing may be held on an 8
appeal, to be known as an "open record appeal hearing," if no open 9
record predecision hearing has been held on the project permit.10
(4) "Project permit" or "project permit application" means any 11
land use or environmental permit or license required from a local 12
government for a project action, including but not limited to 13
((building permits,)) subdivisions, binding site plans, planned unit 14
developments, conditional uses, shoreline substantial development 15
permits, site plan review, permits or approvals required by critical 16
area ordinances, site-specific rezones ((authorized by a 17
comprehensive plan or subarea plan)) which do not require a 18
comprehensive plan amendment, but excluding the adoption or amendment 19
of a comprehensive plan, subarea plan, or development regulations 20
except as otherwise specifically included in this subsection.21
(5) "Public meeting" means an informal meeting, hearing, 22
workshop, or other public gathering of people to obtain comments from 23
the public or other agencies on a proposed project permit prior to 24
the local government's decision. A public meeting may include, but is 25
not limited to, a design review or architectural control board 26
meeting, a special review district or community council meeting, or a 27
scoping meeting on a draft environmental impact statement. A public 28
meeting does not include an open record hearing. The proceedings at a 29
public meeting may be recorded and a report or recommendation may be 30
included in the local government's project permit application file.31
Sec. 6. RCW 36.70B.070 and 1995 c 347 s 408 are each amended to 32
read as follows:33
(1)(a) Within ((twenty-eight)) 28 days after receiving a project 34
permit application, a local government planning pursuant to RCW 35
36.70A.040 shall ((mail or)) provide ((in person)) a written 36
determination to the applicant((, stating)).37
(b) The written determination must state either:38
(((a))) (i) That the application is complete; or39
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(((b))) (ii) That the application is incomplete and that the 1
procedural submission requirements of the local government have not 2
been met. The determination shall outline what is necessary to make 3
the application procedurally complete.4
(c) The number of days shall be calculated by counting every 5
calendar day.6
(d) To the extent known by the local government, the local 7
government shall identify other agencies of local, state, or federal 8
governments that may have jurisdiction over some aspect of the 9
application.10
(2) A project permit application is complete for purposes of this 11
section when it meets the procedural submission requirements of the 12
local government ((and is sufficient for continued processing even 13
though additional information may be required or project 14
modifications may be undertaken subsequently)), as outlined on the 15
project permit application. Additional information or studies may be 16
required or project modifications may be undertaken subsequent to the 17
procedural review of the application by the local government. The 18
determination of completeness shall not preclude the local government 19
from requesting additional information or studies either at the time 20
of the notice of completeness or subsequently if new information is 21
required or substantial changes in the proposed action occur. 22
However, if the procedural submission requirements, as outlined on 23
the project permit application have been provided, the need for 24
additional information or studies may not preclude a completeness 25
determination.26
(3) The determination of completeness may include or be combined 27
with the following ((as optional information)):28
(a) A preliminary determination of those development regulations 29
that will be used for project mitigation;30
(b) A preliminary determination of consistency, as provided under 31
RCW 36.70B.040; ((or))32
(c) Other information the local government chooses to include; or33
(d) The notice of application pursuant to the requirements in RCW 34
36.70B.110.35
(4)(a) An application shall be deemed procedurally complete on 36
the 29th day after receiving a project permit application under this 37
section if the local government does not provide a written 38
determination to the applicant that the application is procedurally 39
incomplete as provided in subsection (1)(b)(ii) of this section. When 40
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the local government does not provide a written determination, they 1
may still seek additional information or studies as provided for in 2
subsection (2) of this section.3
(b) Within ((fourteen)) 14 days after an applicant has submitted 4
to a local government additional information identified by the local 5
government as being necessary for a complete application, the local 6
government shall notify the applicant whether the application is 7
complete or what additional information is necessary.8
(c) The notice of application shall be provided within 14 days 9
after the determination of completeness pursuant to RCW 36.70B.110.10
Sec. 7. RCW 36.70B.080 and 2004 c 191 s 2 are each amended to 11
read as follows:12
(1)(a) Development regulations adopted pursuant to RCW 36.70A.040 13
must establish and implement time periods for local government 14
actions for each type of project permit application and provide 15
timely and predictable procedures to determine whether a completed 16
project permit application meets the requirements of those 17
development regulations. The time periods for local government 18
actions for each type of complete project permit application or 19
project type should not exceed ((one hundred twenty days, unless the 20
local government makes written findings that a specified amount of 21
additional time is needed to process specific complete project permit 22
applications or project types)) those specified in this section.23
((The)) (b) For project permits submitted after January 1, 2025, 24
the development regulations must, for each type of permit 25
application, specify the contents of a completed project permit 26
application necessary for the complete compliance with the time 27
periods and procedures.28
(((2))) (c) A jurisdiction may exclude certain permit types and 29
timelines for processing project permit applications as provided for 30
in RCW 36.70B.140.31
(d) The time periods for local government action to issue a final 32
decision for each type of complete project permit application or 33
project type subject to this chapter should not exceed the following 34
time periods unless modified by the local government pursuant to this 35
section or RCW 36.70B.140:36
(i) For project permits which do not require public notice under 37
RCW 36.70B.110, a local government must issue a final decision within 38
65 days of the determination of completeness under RCW 36.70B.070;39
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(ii) For project permits which require public notice under RCW 1
36.70B.110, a local government must issue a final decision within 100 2
days of the determination of completeness under RCW 36.70B.070; and3
(iii) For project permits which require public notice under RCW 4
36.70B.110 and a public hearing, a local government must issue a 5
final decision within 170 days of the determination of completeness 6
under RCW 36.70B.070.7
(e) A jurisdiction may modify the provisions in (d) of this 8
subsection to add permit types not identified, change the permit 9
names or types in each category, address how consolidated review time 10
periods may be different than permits submitted individually, and 11
provide for how projects of a certain size or type may be 12
differentiated, including by differentiating between residential and 13
nonresidential permits. Unless otherwise provided for the 14
consolidated review of more than one permit, the time period for a 15
final decision shall be the longest of the permit time periods 16
identified in (d) of this subsection or as amended by a local 17
government.18
(f) If a local government does not adopt an ordinance or 19
resolution modifying the provisions in (d) of this subsection, the 20
time periods in (d) of this subsection apply.21
(g) The number of days an application is in review with the 22
county or city shall be calculated from the day completeness is 23
determined under RCW 36.70B.070 to the date a final decision is 24
issued on the project permit application. The number of days shall be 25
calculated by counting every calendar day and excluding the following 26
time periods:27
(i) Any period between the day that the county or city has 28
notified the applicant, in writing, that additional information is 29
required to further process the application and the day when 30
responsive information is resubmitted by the applicant;31
(ii) Any period after an applicant informs the local government, 32
in writing, that they would like to temporarily suspend review of the 33
project permit application until the time that the applicant notifies 34
the local government, in writing, that they would like to resume the 35
application. A local government may set conditions for the temporary 36
suspension of a permit application; and37
(iii) Any period after an administrative appeal is filed until 38
the administrative appeal is resolved and any additional time period 39
provided by the administrative appeal has expired.40
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(h) The time periods for a local government to process a permit 1
shall start over if an applicant proposes a change in use that adds 2
or removes commercial or residential elements from the original 3
application that would make the application fail to meet the 4
determination of procedural completeness for the new use, as required 5
by the local government under RCW 36.70B.070.6
(i) If, at any time, an applicant informs the local government, 7
in writing, that the applicant would like to temporarily suspend the 8
review of the project for more than 60 days, or if an applicant is 9
not responsive for more than 60 consecutive days after the county or 10
city has notified the applicant, in writing, that additional 11
information is required to further process the application, an 12
additional 30 days may be added to the time periods for local 13
government action to issue a final decision for each type of project 14
permit that is subject to this chapter. Any written notice from the 15
local government to the applicant that additional information is 16
required to further process the application must include a notice 17
that nonresponsiveness for 60 consecutive days may result in 30 days 18
being added to the time for review. For the purposes of this 19
subsection, "nonresponsiveness" means that an applicant is not making 20
demonstrable progress on providing additional requested information 21
to the local government, or that there is no ongoing communication 22
from the applicant to the local government on the applicant's ability 23
or willingness to provide the additional information.24
(j) Annual amendments to the comprehensive plan are not subject 25
to the requirements of this section.26
(k) A county's or city's adoption of a resolution or ordinance to 27
implement this subsection shall not be subject to appeal under 28
chapter 36.70A RCW unless the resolution or ordinance modifies the 29
time periods provided in (d) of this subsection by providing for a 30
review period of more than 170 days for any project permit.31
(l)(i) When permit time periods provided for in (d) of this 32
subsection, as may be amended by a local government, and as may be 33
extended as provided for in (i) of this subsection, are not met, a 34
portion of the permit fee must be refunded to the applicant as 35
provided in this subsection. A local government may provide for the 36
collection of only 80 percent of a permit fee initially, and for the 37
collection of the remaining balance if the permitting time periods 38
are met. The portion of the fee refunded for missing time periods 39
shall be:40
p. 9 2SSB 5290.SL
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(A) 10 percent if the final decision of the project permit 1
application was made after the applicable deadline but the period 2
from the passage of the deadline to the time of issuance of the final 3
decision did not exceed 20 percent of the original time period; or4
(B) 20 percent if the period from the passage of the deadline to 5
the time of the issuance of the final decision exceeded 20 percent of 6
the original time period.7
(ii) Except as provided in RCW 36.70B.160, the provisions in 8
subsection (l)(i) of this section are not applicable to cities and 9
counties which have implemented at least three of the options in RCW 10
36.70B.160(1) (a) through (j) at the time an application is deemed 11
procedurally complete.12
(2)(a) Counties subject to the requirements of RCW 36.70A.215 and 13
the cities within those counties that have populations of at least 14
((twenty thousand)) 20,000 must, for each type of permit application, 15
identify the total number of project permit applications for which 16
decisions are issued according to the provisions of this chapter. For 17
each type of project permit application identified, these counties 18
and cities must establish and implement a deadline for issuing a 19
notice of final decision as required by subsection (1) of this 20
section and minimum requirements for applications to be deemed 21
complete under RCW 36.70B.070 as required by subsection (1) of this 22
section.23
(b) Counties and cities subject to the requirements of this 24
subsection also must prepare an annual performance report((s)) that 25
((include, at a minimum, the following information for each type of 26
project permit application identified in accordance with the 27
requirements of (a) of this subsection:28
(i) Total number of complete applications received during the 29
year;30
(ii) Number of complete applications received during the year for 31
which a notice of final decision was issued before the deadline 32
established under this subsection;33
(iii) Number of applications received during the year for which a 34
notice of final decision was issued after the deadline established 35
under this subsection;36
(iv) Number of applications received during the year for which an 37
extension of time was mutually agreed upon by the applicant and the 38
county or city;39
p. 10 2SSB 5290.SL
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(v) Variance of actual performance, excluding applications for 1
which mutually agreed time extensions have occurred, to the deadline 2
established under this subsection during the year; and3
(vi) The mean processing time and the number standard deviation 4
from the mean.5
(c) Counties and cities subject to the requirements of this 6
subsection must:7
(i) Provide notice of and access to the annual performance 8
reports through the county's or city's website; and9
(ii) Post electronic facsimiles of the annual performance reports 10
through the county's or city's website. Postings on a county's or 11
city's website indicating that the reports are available by 12
contacting the appropriate county or city department or official do 13
not comply with the requirements of this subsection.14
If a county or city subject to the requirements of this 15
subsection does not maintain a website, notice of the reports must be 16
given by reasonable methods, including but not limited to those 17
methods specified in RCW 36.70B.110(4).18
(3))) includes information outlining time periods for certain 19
permit types associated with housing. The report must provide:20
(i) Permit time periods for certain permit processes in the 21
county or city in relation to those established under this section, 22
including whether the county or city has established shorter time 23
periods than those provided in this section;24
(ii) The total number of decisions issued during the year for the 25
following permit types: Preliminary subdivisions, final subdivisions, 26
binding site plans, permit processes associated with the approval of 27
multifamily housing, and construction plan review for each of these 28
permit types when submitted separately;29
(iii) The total number of decisions for each permit type which 30
included consolidated project permit review, such as concurrent 31
review of a rezone or construction plans;32
(iv) The average number of days from a submittal to a decision 33
being issued for the project permit types listed in subsection 34
(2)(a)(ii) of this section. This shall be calculated from the day 35
completeness is determined under RCW 36.70B.070 to the date a 36
decision is issued on the application. The number of days shall be 37
calculated by counting every calendar day;38
(v) The total number of days each project permit application of a 39
type listed in subsection (2)(a)(ii) of this section was in review 40
p. 11 2SSB 5290.SL
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with the county or city. This shall be calculated from the day 1
completeness is determined under RCW 36.70B.070 to the date a final 2
decision is issued on the application. The number of days shall be 3
calculated by counting every calendar day. The days the application 4
is in review with the county or city does not include the time 5
periods in subsection (1)(g)(i)-(iii) of this section;6
(vi) The total number of days that were excluded from the time 7
period calculation under subsection (1)(g)(i)-(iii) of this section 8
for each project permit application of a type listed in subsection 9
(2)(a)(ii) of this section.10
(c) Counties and cities subject to the requirements of this 11
subsection must:12
(i) Post the annual performance report through the county's or 13
city's website; and14
(ii) Submit the annual performance report to the department of 15
commerce by March 1st each year.16
(d) No later than July 1st each year, the department of commerce 17
shall publish a report which includes the annual performance report 18
data for each county and city subject to the requirements of this 19
subsection and a list of those counties and cities whose time periods 20
are shorter than those provided for in this section.21
The annual report must also include key metrics and findings from 22
the information collected.23
(e) The initial annual report required under this subsection must 24
be submitted to the department of commerce by March 1, 2025, and must 25
include information from permitting in 2024.26
(3) Nothing in this section prohibits a county or city from 27
extending a deadline for issuing a decision for a specific project 28
permit application for any reasonable period of time mutually agreed 29
upon by the applicant and the local government.30
(((4) The department of community, trade, and economic 31
development shall work with the counties and cities to review the 32
potential implementation costs of the requirements of subsection (2) 33
of this section. The department, in cooperation with the local 34
governments, shall prepare a report summarizing the projected costs, 35
together with recommendations for state funding assistance for 36
implementation costs, and provide the report to the governor and 37
appropriate committees of the senate and house of representatives by 38
January 1, 2005.))39
p. 12 2SSB 5290.SL
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Sec. 8. RCW 36.70B.160 and 1995 c 347 s 420 are each amended to 1
read as follows:2
(1) Each local government is encouraged to adopt further project 3
review and code provisions to provide prompt, coordinated review and 4
ensure accountability to applicants and the public((, including 5
expedited review for project permit applications for projects that 6
are consistent with adopted development regulations and within the 7
capacity of systemwide infrastructure improvements)) by:8
(a) Expediting review for project permit applications for 9
projects that are consistent with adopted development regulations;10
(b) Imposing reasonable fees, consistent with RCW 82.02.020, on 11
applicants for permits or other governmental approvals to cover the 12
cost to the city, town, county, or other municipal corporation of 13
processing applications, inspecting and reviewing plans, or preparing 14
detailed statements required by chapter 43.21C RCW. The fees imposed 15
may not include a fee for the cost of processing administrative 16
appeals. Nothing in this subsection limits the ability of a county or 17
city to impose a fee for the processing of administrative appeals as 18
otherwise authorized by law;19
(c) Entering into an interlocal agreement with another 20
jurisdiction to share permitting staff and resources;21
(d) Maintaining and budgeting for on-call permitting assistance 22
for when permit volumes or staffing levels change rapidly;23
(e) Having new positions budgeted that are contingent on 24
increased permit revenue;25
(f) Adopting development regulations which only require public 26
hearings for permit applications that are required to have a public 27
hearing by statute;28
(g) Adopting development regulations which make preapplication 29
meetings optional rather than a requirement of permit application 30
submittal;31
(h) Adopting development regulations which make housing types an 32
outright permitted use in all zones where the housing type is 33
permitted;34
(i) Adopting a program to allow for outside professionals with 35
appropriate professional licenses to certify components of 36
applications consistent with their license; or37
(j) Meeting with the applicant to attempt to resolve outstanding 38
issues during the review process. The meeting must be scheduled 39
within 14 days of a second request for corrections during permit 40
p. 13 2SSB 5290.SL
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review. If the meeting cannot resolve the issues and a local 1
government proceeds with a third request for additional information 2
or corrections, the local government must approve or deny the 3
application upon receiving the additional information or corrections.4
(2)(a) After January 1, 2026, a county or city must adopt 5
additional measures under subsection (1) of this section at the time 6
of its next comprehensive plan update under RCW 36.70A.130 if it 7
meets the following conditions:8
(i) The county or city has adopted at least three project review 9
and code provisions under subsection (1) of this section more than 10
five years prior; and11
(ii) The county or city is not meeting the permitting deadlines 12
established in RCW 36.70B.080 at least half of the time over the 13
period since its most recent comprehensive plan update under RCW 14
36.70A.130.15
(b) A city or county that is required to adopt new measures under 16
(a) of this subsection but fails to do so becomes subject to the 17
provisions of RCW 36.70B.080(1)(l), notwithstanding RCW 18
36.70B.080(1)(l)(ii).19
(((2))) (3) Nothing in this chapter is intended or shall be 20
construed to prevent a local government from requiring a 21
preapplication conference or a public meeting by rule, ordinance, or 22
resolution.23
(((3))) (4) Each local government shall adopt procedures to 24
monitor and enforce permit decisions and conditions.25
(((4))) (5) Nothing in this chapter modifies any independent 26
statutory authority for a government agency to appeal a project 27
permit issued by a local government.28
NEW SECTION. Sec. 9. A new section is added to chapter 36.70B 29
RCW to read as follows:30
(1) The department of commerce shall develop and provide 31
technical assistance and guidance to counties and cities in setting 32
fee structures under RCW 36.70B.160(1) to ensure that the fees are 33
reasonable and sufficient to recover true costs. The guidance must 34
include information on how to utilize growth factors or other 35
measures to reflect cost increases over time.36
(2) When providing technical assistance under subsection (1) of 37
this section, the department of commerce must prioritize local 38
p. 14 2SSB 5290.SL
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governments that have implemented at least three of the options in 1
RCW 36.70B.160(1).2
Sec. 10. RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1 3
are each reenacted and amended to read as follows:4
(1) Not later than April 1, 1996, a local government planning 5
under RCW 36.70A.040 shall provide a notice of application to the 6
public and the departments and agencies with jurisdiction as provided 7
in this section. If a local government has made a threshold 8
determination under chapter 43.21C RCW concurrently with the notice 9
of application, the notice of application may be combined with the 10
threshold determination and the scoping notice for a determination of 11
significance. Nothing in this section prevents a determination of 12
significance and scoping notice from being issued prior to the notice 13
of application. Nothing in this section or this chapter prevents a 14
lead agency, when it is a project proponent or is funding a project, 15
from conducting its review under chapter 43.21C RCW or from allowing 16
appeals of procedural determinations prior to submitting a project 17
permit ((application)).18
(2) The notice of application shall be provided within 19
((fourteen)) 14 days after the determination of completeness as 20
provided in RCW 36.70B.070 and, except as limited by the provisions 21
of subsection (4)(b) of this section, ((shall)) must include the 22
following in whatever sequence or format the local government deems 23
appropriate:24
(a) The date of application, the date of the notice of completion 25
for the application, and the date of the notice of application;26
(b) A description of the proposed project action and a list of 27
the project permits included in the application and, if applicable, a 28
list of any studies requested under RCW 36.70B.070 ((or 36.70B.090));29
(c) The identification of other permits not included in the 30
application to the extent known by the local government;31
(d) The identification of existing environmental documents that 32
evaluate the proposed project, and, if not otherwise stated on the 33
document providing the notice of application, such as a city land use 34
bulletin, the location where the application and any studies can be 35
reviewed;36
(e) A statement of the public comment period, which shall be not 37
less than fourteen nor more than thirty days following the date of 38
notice of application, and statements of the right of any person to 39
p. 15 2SSB 5290.SL
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comment on the application, receive notice of and participate in any 1
hearings, request a copy of the decision once made, and any appeal 2
rights. A local government may accept public comments at any time 3
prior to the closing of the record of an open record predecision 4
hearing, if any, or, if no open record predecision hearing is 5
provided, prior to the decision on the project permit;6
(f) The date, time, place, and type of hearing, if applicable and 7
scheduled at the date of notice of the application;8
(g) A statement of the preliminary determination, if one has been 9
made at the time of notice, of those development regulations that 10
will be used for project mitigation and of consistency as provided in 11
RCW 36.70B.030(2) and 36.70B.040; and12
(h) Any other information determined appropriate by the local 13
government.14
(3) If an open record predecision hearing is required for the 15
requested project permits, the notice of application shall be 16
provided at least fifteen days prior to the open record hearing.17
(4) A local government shall use reasonable methods to give the 18
notice of application to the public and agencies with jurisdiction 19
and may use its existing notice procedures. A local government may 20
use different types of notice for different categories of project 21
permits or types of project actions. If a local government by 22
resolution or ordinance does not specify its method of public notice, 23
the local government shall use the methods provided for in (a) and 24
(b) of this subsection. Examples of reasonable methods to inform the 25
public are:26
(a) Posting the property for site-specific proposals;27
(b) Publishing notice, including at least the project location, 28
description, type of permit(s) required, comment period dates, and 29
location where the notice of application required by subsection (2) 30
of this section and the complete application may be reviewed, in the 31
newspaper of general circulation in the general area where the 32
proposal is located or in a local land use newsletter published by 33
the local government;34
(c) Notifying public or private groups with known interest in a 35
certain proposal or in the type of proposal being considered;36
(d) Notifying the news media;37
(e) Placing notices in appropriate regional or neighborhood 38
newspapers or trade journals;39
p. 16 2SSB 5290.SL
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(f) Publishing notice in agency newsletters or sending notice to 1
agency mailing lists, either general lists or lists for specific 2
proposals or subject areas; and3
(g) Mailing to neighboring property owners.4
(5) A notice of application shall not be required for project 5
permits that are categorically exempt under chapter 43.21C RCW, 6
unless an open record predecision hearing is required or an open 7
record appeal hearing is allowed on the project permit decision.8
(6) A local government shall integrate the permit procedures in 9
this section with ((its)) environmental review under chapter 43.21C 10
RCW as follows:11
(a) Except for a threshold determination and except as otherwise 12
expressly allowed in this section, the local government may not issue 13
a decision or a recommendation on a project permit until the 14
expiration of the public comment period on the notice of application.15
(b) If an open record predecision hearing is required, the local 16
government shall issue its threshold determination at least fifteen 17
days prior to the open record predecision hearing.18
(c) Comments shall be as specific as possible.19
(d) A local government is not required to provide for 20
administrative appeals of its threshold determination. If provided, 21
an administrative appeal ((shall)) must be filed within fourteen days 22
after notice that the determination has been made and is appealable. 23
Except as otherwise expressly provided in this section, the appeal 24
hearing on a threshold determination ((of nonsignificance shall)) 25
must be consolidated with any open record hearing on the project 26
permit.27
(7) At the request of the applicant, a local government may 28
combine any hearing on a project permit with any hearing that may be 29
held by another local, state, regional, federal, or other agency, if:30
(a) The hearing is held within the geographic boundary of the 31
local government; and32
(b) ((The joint hearing can be held within the time periods 33
specified in RCW 36.70B.090 or the)) The applicant agrees to the 34
schedule in the event that additional time is needed in order to 35
combine the hearings. All agencies of the state of Washington, 36
including municipal corporations and counties participating in a 37
combined hearing, are hereby authorized to issue joint hearing 38
notices and develop a joint format, select a mutually acceptable 39
hearing body or officer, and take such other actions as may be 40
p. 17 2SSB 5290.SL
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necessary to hold joint hearings consistent with each of their 1
respective statutory obligations.2
(8) All state and local agencies shall cooperate to the fullest 3
extent possible with the local government in holding a joint hearing 4
if requested to do so, as long as:5
(a) The agency is not expressly prohibited by statute from doing 6
so;7
(b) Sufficient notice of the hearing is given to meet each of the 8
agencies' adopted notice requirements as set forth in statute, 9
ordinance, or rule; and10
(c) The agency has received the necessary information about the 11
proposed project from the applicant to hold its hearing at the same 12
time as the local government hearing.13
(9) A local government is not required to provide for 14
administrative appeals. If provided, an administrative appeal of the 15
project decision and of any environmental determination issued at the 16
same time as the project decision, shall be filed within fourteen 17
days after the notice of the decision or after other notice that the 18
decision has been made and is appealable. The local government shall 19
extend the appeal period for an additional seven days, if state or 20
local rules adopted pursuant to chapter 43.21C RCW allow public 21
comment on a determination of nonsignificance issued as part of the 22
appealable project permit decision.23
(10) The applicant for a project permit is deemed to be a 24
participant in any comment period, open record hearing, or closed 25
record appeal.26
(11) Each local government planning under RCW 36.70A.040 shall 27
adopt procedures for administrative interpretation of its development 28
regulations.29
NEW SECTION. Sec. 11. The department of commerce shall develop 30
a template for counties and cities subject to the requirements in RCW 31
36.70B.080, which will be utilized for reporting data.32
NEW SECTION. Sec. 12. The department of commerce shall develop 33
a plan to provide local governments with appropriately trained staff 34
to provide temporary support or hard to find expertise for timely 35
processing of residential housing permit applications. The plan shall 36
include consideration of how local governments can be provided with 37
staff that have experience with providing substitute staff support or 38
p. 18 2SSB 5290.SL
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that possess expertise in permitting policies and regulations in the 1
local government's geographic area or with jurisdictions of the local 2
government's size or population. The plan and a proposal for 3
implementation shall be presented to the legislature by December 1, 4
2023.5
NEW SECTION. Sec. 13. Section 7 of this act takes effect 6
January 1, 2025.7
Passed by the Senate April 17, 2023.
Passed by the House April 10, 2023.
Approved by the Governor May 8, 2023.
Filed in Office of Secretary of State May 10, 2023.
--- END ---
p. 19 2SSB 5290.SL
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V3.1
SB 5290 (2023) – KEY REQUIREMENTS
Background
In 2023, Senate Bill 5290 updated portions of the Local Project
Review Act, RCW 36.70B. The intent of the new update is to
strengthen and improve project review and permitting for
construction and land use project permits, with an emphasis
on housing development.
New Requirements for Local Project Review
Included in these updates are a new series of requirements for
local governments and the Department of Commerce. Key
requirements are summarized, with effective dates, and
provided in the following table. For further updates and
requirements, local jurisdictions are encouraged to read Senate
Bill 5290 and the new sections in RCW 36.70B.
Commerce will publish a project review guide to serve as a
resource to counties and cities planning under the GMA, with
an expected publish date of June 30, 2025. A Local Project
Review webpage will be available by March 1, 2024, to serve as
a landing place for Commerce guidance, grant information and
other tools to assist jurisdictions with project permit
implementation.
Agency contacts:
Jo Anne Wright, AICP
SENIOR PLANNER
Joanne.wright@commerce.wa.gov
Catherine McCoy
SENIOR PLANNER
Catherine.mccoy@commerce.wa.gov
We strengthen communities
GROWTH MANAGEMENT SERVICESLOCAL GOVERNMENT DIVISION
Attachment B
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LOCAL PROJECT REVIEW UPDATE, JANUARY 2024 2
Local Jurisdiction Requirements
Bill Section
Number and RCW: Changes Effective Date
Section 6
RCW 36.70B.070
Clarify determination of completeness procedural
requirements – the determination must be based
solely on the procedural requirements as outlined on
the project permit application.
July 23, 2023
Section 7(1)(a)-(k)
RCW 36.70B.080
Revise the existing 120-day time period for project
review from the date an application is determined
complete. The default time periods listed in the
section apply automatically if the local government
does not adopt an ordinance setting or changing the
time periods.
January 1, 2025
Section 7(1)(l)
RCW 36.70B.080
Refund 10-20% of permit fees if the new time periods
described in section 7 are not met, unless they have
adopted at least 3 measures per section 8. Also,
allows a local government to only collect 80% of a
permit fee upon application, and the remainder only if
time periods are met.
January 1, 2025
Section 7(2)
RCW 36.70B.080
Modifies the existing annual performance report
requirement for jurisdictions to include data on
compliance with the new permit time periods. Applies
to counties and cities subject to RCW 36.70A.215 and
cities/towns greater than 20,000 population within
those counties.
March 1, 2025
Section 8(1)
RCW 36.70B.160
Adopt some of 10 listed measures to expedite permit
review by the next comprehensive plan update under
certain circumstances.
At the next comprehensive plan
update after January 1, 2026.
Section 8(2)
RCW 36.70B.160
Adopt additional measures to expedite permit review
if the local government had adopted at least 3 project
review and code measures more than five years
earlier, and the local government is not meeting the
permit deadlines at least 50% of the time since its
most recent comprehensive plan update.
At the next comprehensive plan
update after January 1, 2026.
6.A.b
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LOCAL PROJECT REVIEW UPDATE, JANUARY 2024 3
Commerce Requirements
Bill Section
Number and RCW: Changes Effective Date
Sections 2 and 3
RCW 36.70B.240
RCW 36.70B.241
Administer two grant programs – Grant 1:
consolidated permit review for acceleration of
residential building permits; Grant 2: for permitting
systems updates from paper to digital platforms.
April 2024
Section 4
Convene a digital permitting work group to report to
the legislature and governor on the need for digital
permitting systems for local governments; the
barriers to adoption of digital permitting systems; the
costs/benefits of a statewide permitting software
system; and budgetary, administrative, and legislative
recommendations to establish a statewide system of
digital permit review.
Report to the legislature due by
August 1, 2024. The permitting work
group will continue to meet and
work with Commerce until June 30,
2025.
August 1, 2023 through June 30,
2025
Section 9
RCW 36.70B.245
Provide technical assistance and guidance to local
governments regarding the structure of their
application and permit fees.
March 2024
Section 11
RCW 36.70B.250
Create a template and guidance for those local
governments required by section 7(2) to submit
annual performance reports.
March 2024
Section 12
Develop a plan to provide local governments with
temporary permit staff for residential housing permit
applications. Report due to the legislature December
1, 2023.
December 1, 2023
6.A.b
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
1
Chapter 20.01
TYPES OF DEVELOPMENT PROJECT PERMITS
Sections:
20.01.000 Purpose and general provisions.
20.01.001 Types of actions.
20.01.002 Determination of proper procedure type.
20.01.003 Permit type and decision framework.
20.01.006 Legislative enactments not restricted.
20.01.007 Exempt projects.
20.01.000 Purpose and general provisions.
A. The purpose of this chapter is to establish standard procedures, decision criteria, public
notification, and timing for development project permit application decisions made by the city
of Edmonds. These procedures are intended to:
1. Promote timely and informed public participation;
2. Eliminate redundancy in the application, permit review, and appeals processes;
3. Process permits equitably and expediently;
4. Balance the needs of permit applicants with neighbors;
5. Ensure that decisions are made consistently and predictably; and
6. Result in development that furthers city goals as set forth in the comprehensive plan.
These procedures provide for an integrated and consolidated land use permit process. The
procedures integrate the environmental review process with land use procedures, decisions,
and consolidated appeal processes.
B. The provisions of this title supersede all other procedural requirements that may exist in
other sections of the city code. When interpreting and applying the standards of this title, its
provisions shall be the minimum requirements. Where conflicts occur within provisions of this
6.A.d
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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title and/or between this title and other city code provisions and regulations, the more
restrictive provisions shall apply. Where conflict between the text of this title and the zoning
map ensue, the text of this title shall prevail.
C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last
day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a
city ordinance, or any day when City Hall or the city’s planning and development department is
closed to the public by formal executive or legislative action, the deadline shall run until the
next day that is not a Saturday, Sunday, or holiday or closed day. [Ord. 4299 § 37 (Exh. A), 2023; Ord.
4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010].
20.01.001 Types of actions.
There are five main types of actions (or permits) that are reviewed under the provisions of this
chapter. The types of actions are based on who makes the decision, the amount of discretion
exercised by the decision-making body, the level of impact associated with the decision, the
amount and type of public input sought, and the type of appeal opportunity.
A. Administrative Decisions. Type I and II decisions are administrative decisions made by the
planning and development director or his/her designee (hereinafter the “director”). Type I
permits are ministerial decisions and are based on compliance with specific, nondiscretionary
and/or technical standards that are clearly enumerated. Type II permits are administrative
decisions where the director makes a decision based on standards and clearly identified
criteria, but where public notice is required. Unless otherwise provided, appeals of Type II
decisions shall be initiated as set forth in ECDC 20.06.030.
B. Quasi-Judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial
decisions that involve the use of discretionary judgment in the review of each specific
application. Quasi-judicial decisions are made by the hearing examiner, the architectural design
board, and/or the city council.
C. Legislative Decisions. Type V actions are legislative decisions made by the city council under
its authority to establish policies and regulations regarding future private and public
developments, and management of public lands.
1. Planning Board. The planning board shall hold a public hearing and make
recommendations to the city council on Type V actions, except that the city council may
6.A.d
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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hold a public hearing itself on area-wide rezones to implement city policies, or
amendments to zoning code text, development regulations or the zoning map. The public
hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW
36.70A.035 and all other applicable law.
2. City Council. The city council may consider the planning board’s recommendation in a
public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW
36.70A.035 and all other applicable law. If the city council desires to hold a public hearing
on area-wide rezones to implement city policies, or amendments to zoning code text,
development regulations or the zoning map, it may do so without forwarding the proposed
decision to the planning board for a hearing.
3. Public Notice. Notice of the public hearing or public meeting shall be provided to the
public as set forth in Chapter 20.03 ECDC.
4. Implementation. City council Type V decision shall be by ordinance or resolution and
shall become effective on the effective date of the ordinance or resolution. [Ord. 4299 § 38
(Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010].
20.01.002 Determination of proper procedure type.
A. Determination by Director. The director shall determine the proper procedure for all project
applications. Questions concerning the appropriate procedure shall be resolved in favor of the
higher numbered procedure.
B. Optional Consolidated Permit Processing. An application that involves two or more procedures
may be processed collectively under the highest numbered procedure required for any part of
the application or may be processed individually under each of the application procedures
identified in ECDC 20.01.003. The applicant may determine whether the application will be
processed collectively or individually. If the applications are processed individually, the highest
numbered type procedure shall be undertaken first, followed by the other procedures in
sequence from the highest numbered to the lowest. When Type III-A and Type III-B permits are
consolidated under this subsection, the project shall proceed under the Type III-A permit
process. When two or more permits are consolidated under this subsection, the permit
timelines for decisions on individual permits in ECDC 20.01.003.B do not apply.
C. Decisionmaker(s). Applications processed in accordance with subsection (B) of this section
which have the same procedure number, but are assigned to different hearing bodies, shall be
Commented [MC1]: Updated for consistency with SB
5290 as codified in RCW 36.70B (Local Project Review)
6.A.d
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
4
heard collectively by the highest decisionmaker; the city council being the highest body,
followed by the hearing examiner, architectural design board or planning board, as applicable,
and then the director. Joint public hearings with other agencies shall be processed according to
ECDC 20.06.010. Concurrent public hearings held with the architectural design board and any
other decisionmaker shall proceed with both decisionmakers present. [Ord. 4154 § 1 (Att. A), 2019;
Ord. 3817 § 1, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.003 Permit type and decision framework.
A. Permit Types.
TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V
Zoning
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public
facilities
Site specific
rezone
Lot line
adjustment
Formal
interpretation
of the text of
the ECDC by the
director
Shoreline
substantial
development
permit,
where public
hearing not
required per
ECDC
24.80.100
Technological
impracticality
waiver for
amateur
radio
antennas
Development
agreements
Zoning text
amendment;
area-wide
zoning map
amendments
Critical area
determinations
SEPA
determinations
Critical area
variance
Comprehensive
plan
amendments
Shoreline
exemptions
Preliminary
short plat
Contingent
critical area
review if
public
Conditional
use permits
(where
public
hearing by
hearing
Annexations
6.A.d
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TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V
hearing
requested
examiner is
required)
Minor
amendments
to planned
residential
development
Land
clearing/grading
Shoreline
substantial
development
permit, where
public
hearing is
required per
ECDC
24.80.100
Variances Development
regulations
Minor
preliminary
plat
amendment
Revisions to
shoreline
management
permits
Shoreline
conditional
use
Staff design
review,
including signs
Administrative
variances
Shoreline
variance
Final short plat Land use
permit
extension
requests
Design review
(where public
hearing by
architectural
design board
is required)
Sales
office/model
(ECDC
17.70.005)
Preliminary
formal plat
Final formal
plats
Innocent
purchaser
determination
Preliminary
planned
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TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-B TYPE IV TYPE V
residential
development
Final planned
residential
development
Staff design
review pursuant
to ECDC
20.12.010(B)(2)
B. Decision Table.
PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE
I – IV) LEGISLATIVE
TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-
B TYPE IV TYPE V
Recommendation
by:
N/A N/A N/A N/A N/A Planning board Planning board
Final decision by: Director Director Director Hearing
examiner/ADB
Hearing
examiner
City council City council
Notice of
application:
No Yes Yes Yes Yes Yes No
Open record
public hearing or
open record
appeal of a final
decision:
No Only if
appealed,
open
record
hearing
before
hearing
examiner
(1) If
director
decision
is
appealed,
open
record
hearing
before
Yes, before
hearing
examiner or
board to
render final
decision
Yes,
before
hearing
examiner
or board
to render
final
decision
Yes, before
planning board
which makes
recommendation
to council
Yes, before planning
board which makes
recommendation to
council or council
could hold its own
hearing
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE
I – IV) LEGISLATIVE
TYPE I TYPE II-A TYPE II-B TYPE III-A TYPE III-
B TYPE IV TYPE V
hearing
examiner
(2) If
converted
to Type
III-A
process
Closed record
review:
No No No No Yes,
before
the
council
Yes, before the
council
Permit review
timelines (per
ECDC 20.02):
65 days 100 days 100 days 170 days 170 days 170 days Not applicable
Judicial appeal: Yes Yes Yes Yes Yes Yes Yes
C. Any reference to “Type II” in the Edmonds Community Development Code without expressly
being modified as “Type II-B” shall be construed to mean Type II-A for the purposes of this
section unless the context clearly suggests otherwise. [Ord. 4360 § 7 (Exh. A), 2024; Ord. 4302 § 2 (Att.
A), 2023; Ord. 4299 § 39 (Exh. A), 2023; Ord. 4154 § 1 (Att. A), 2019; Ord. 4072 § 7 (Att. G), 2017; Ord. 4026 § 4,
2016; Ord. 3982 § 4, 2014; Ord. 3817 § 1, 2010; Ord. 3806 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.01.006 Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city
council to make changes to the city’s comprehensive plan or the city’s development regulations
Commented [MC2]: SB 5290
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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as part of the annual revision process. [Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736 § 4
(Exh. A), 2009].
20.01.007 Exempt projects.
A. The following projects are specifically excluded from the procedures set forth in this
chapter: historic register designations, building permits, street vacations, street use permits,
encroachment permits, and other public works permits issued under ECDC Title 18.
B. Pursuant to RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other
construction permits, or similar administrative approvals categorically exempt from
environmental review under SEPA (Chapter 43.21C RCW and the city’s SEPA/environmental
policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which environmental review
has been completed in connection with other project permits, are excluded from the
requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the
following procedures:
1. Notice of application (ECDC 20.03.002) unless an open record hearing is allowed on the
permit decision;
2. Except as provided in RCW 36.70B.140, optional consolidated permit review processing
(ECDC 20.01.002(B));
3. Joint public hearings (ECDC 20.06.010);
4. Single report stating all of the decisions and recommendations made as of the date of
the report that do not require an open public record hearing (ECDC 20.06.050(C)); and
5. Notice of decision (ECDC 20.02.007). [Ord. 4154 § 1 (Att. A), 2019; Ord. 3817 § 1, 2010; Ord. 3736
§ 4 (Exh. A), 2009].
6.A.d
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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Chapter 20.02
DEVELOPMENT PROJECT PERMIT APPLICATIONS
Sections:
20.02.001 Optional preapplication conference.
20.02.002 Permit application requirements.
20.02.003 Submission and acceptance of applicationComplete and incomplete
applications, requesting additional information.
20.02.004 Effect of irreconcilable applications on the same property.
20.02.005 Referral and review of development project permit applications.
20.02.006 Resubmission of application after denial.
20.02.007 Notice of final decision.
20.02.008 Permit review timelines.
20.02.001 Optional preapplication conference.
A. Prior to filing applications for Type II actions requiring a preliminary plat and Type III and IV
actions, applicants are encouraged to participate in a preapplication conference. Preapplication
meetings with staff provide an opportunity to discuss the proposal in general terms, identify
the applicable city requirements and the project review process including the permits required
by the action, timing of the permits and the approval process. Plans presented at the
preapplication meeting are nonbinding and do not “vest” an application.
B. The conference shall be held within 28 days of the request, upon payment of applicable
fee(s) as set forth in the city’s adopted fee resolution.
C. The planning and development director or his/her designee (hereinafter the “director”) shall
provide the applicant with the following during the conference:
Commented [MC3]: SB 5290
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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1. A form which lists the requirements for a completed application;
2. A general summary of the procedures to be used to process the application;
3. The references to the relevant code provisions or development standards which may
apply to approval of the application; and
4. The city’s design guidelines.
D. Neither the discussions at the conference nor the information on the form provided by the
director to the applicant under subsection (C) of this section shall bind the city in any manner or
prevent the city’s future application or enforcement of all applicable codes, ordinances and
regulations.
E. Requests for preapplication conferences for all other types of applications will be
considered on a time-available basis by the director. [Ord. 4299 § 40 (Exh. A), 2023; Ord. 3817 § 2,
2010; Ord. 3736 § 4 (Exh. A), 2009].
20.02.002 Permit application requirements.
An application shall consist of all materials required by the applicable development regulations
and shall include the following general information:
A. A completed land use application form;
B. A verified statement by the applicant that the property affected by the application is in the
exclusive ownership of the applicant, or that the applicant has submitted the application with
the consent of all owners of the affected property;
C. A property and/or legal description of the site for all applications, as required by the
applicable development regulations;
D. The applicable fee; and
E. Cover letter describing how the proposal satisfies the applicable standards, requirements
and criteria in the development regulations. [Ord. 3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
6.A.d
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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20.02.003 Submission and acceptance of applicationComplete and
incomplete applications, requesting additional information.
A. Determination of Completeness.
Within 28 days after receiving an application, the director must shall mail or personally deliver
to the applicant a determination which states that either: provide a written determination to
the applicant stating that:. The written determination must state either:
1. The application is complete; or
2. The application is incomplete and because that the procedural submission
requirements have not been met. The determination shall outlinemust specifically describe
what information is needed what is necessary to make the application complete.
When an application is determined to be complete, the director shall note the date of
acceptance for continued processing.
B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other
agencies with jurisdiction over the project shall be identified in the determination of
completeness.
C. Failure to Provide Determination of Completeness. An application is deemed procedurally
complete on the 29th day after receiving a project permit application under this section if the
director does not provide a written determination to the applicant that the application is
incomplete as provided in subsection (A)(2) of this section.
C. Additional Information. An application is complete for the purposes of this section when it
meets the submission requirements of ECDC 20.02.002 and the submission requirements of
the applicable development regulations. The determination of completeness shall be made
when the application is sufficiently complete for review, even though additional information
may be required or project modifications may be undertaken subsequently. The determination
of completeness shall not preclude the director’s ability to request additional information or
studies whenever new information is required, or when substantial changes are made to the
proposed project.
D. Incomplete Applications.
Commented [MC4]: Updated for consistency with SB
5290 and RCW 36.70B.080. Some existing language
reorganized for clarity
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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1. Whenever the applicant receives a determination from the city pursuant to subsection
(A)(2) of this section that the application is incomplete, the applicant shall have 90 days to
submit the necessary requested information. If circumstances warrant, the applicant may
apply in writing to the director requesting a one-time 90-day extension. The extension
request must be received by the city prior to the end of the initial 90-day period.Within 14
days after an applicant has submitted the requested additional information, the director
shall make a determination of completeness and notify the applicant in the manner
provided in subsection (A) of this section.
2. Within 14 days after an applicant has submitted the requested additional information,
the director shall make a determination of completeness and notify the applicant in the
manner provided in subsection (A) of this section.Whenever the applicant receives a notice
that the contents of the application, which had been previously determined under
subsection (A)(1) of this section to be complete, is insufficient, ambiguous, undecipherable,
or otherwise unresponsive of the information being sought, the applicant shall have 90
days to submit the necessary information. If circumstances warrant, the applicant may
apply in writing to the director requesting a one-time 90-day extension. The extension
request must be received by the city prior to the end of the initial 90-day compliance
period.
3. If the applicant does not submit the additional information requested within the 90-day
period (or within the 90-day extension period, as applicable), the director shall make
findings and issue a decision, according to the Type I procedure, that the application has
lapsed for lack of information necessary to complete the review. The decision shall state
that no further action will be taken on the application.
4. When the director determines that an application has lapsed because the applicant has
failed to submit required information within the necessary time period, the applicant may
request a refund of the application fee remaining after the city’s determination of
completeness.
E. Requesting Additional Information.
The determination of completeness does not preclude the director’s ability to request
additional information or ask for corrections to submitted materials whenever additional or
updated information is required, or when substantial changes are made to the proposed
project.
6.A.d
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1. Whenever the applicant receives a notice that the contents of the application, which
had been previously determined to be complete under subsection (A)(1) of this section, is
insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information
being sought, the applicant shall have 90 days to submit the requested information. If
circumstances warrant, the applicant may apply in writing to the director requesting a one-
time 90-day extension. The extension request must be received by the city prior to the end
of the initial 90-day period.
2. If the applicant does not submit the additional information requested within the 90-day
period (or within the 90-day extension period, as applicable), the director shall make
findings and issue a decision, according to the Type I procedure, that the application has
lapsed for lack of information necessary to complete the review. The decision shall state
that no further action will be taken on the application.
3. When the director determines that an application has lapsed because the applicant has
failed to submit required information within the necessary time period, the applicant may
request a refund of the application fee remaining after the city’s determination of
completeness.
E. Director’s Failure to Provide Determination of Completeness. An application shall be deemed
complete under this section if the director does not provide a written determination to the
applicant that the application is incomplete as provided in subsection (A) of this section.
F. Date of Acceptance of Application. Permit applications shall not be officially accepted until
complete. When an application is determined to be complete, the director shall note the date of
acceptance for continued processing.
GF. City Must Review, Applicant may Suspend Review. After the application is determined to be
complete or additional materials are accepted following a request for additional information,
acceptance, the city shall begin or resume processing the application. Under no circumstances
shall the city place any application on “hold” to be processed at some later date, even if the
request for the “hold” is made by the applicant, and regardless of the requested length of the
“holding” period. This subsection does not apply to applications placed on “hold” upon
6.A.d
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DRAFT CODE Update – SB 5290 & HB 1105 v.2
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determination by the city that additional information is required in order to make a decision.
[Ord. 4299 § 41 (Exh. A), 2023; Ord. 3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
However, if, at any time, an applicant informs the city, in writing, that the applicant would like to
temporarily suspend the review of the project for more than 60 days, or if an applicant is not
responsive for more than 60 consecutive days after the city has notified the applicant, in
writing, that additional information is required to further process the application, an additional
30 days may be added to the time periods for city action to issue a final decision for the permit.
Any written notice from the city to the applicant that additional information is required to
further process the application must include a notice that nonresponsiveness for 60
consecutive days may result in 30 days being added to the time for review. For the purposes of
this subsection, "nonresponsiveness" means that an applicant is not making demonstrable
progress on providing additional requested information to the city, or that there is no ongoing
communication from the applicant to the city on the applicant's ability or willingness to provide
the additional information.
20.02.004 Effect of irreconcilable applications on the same property.
A. If an applicant submits an application that cannot be reconciled with a previously submitted
application on the same property, the previously submitted application shall be deemed
withdrawn by the applicant and it shall be rendered null and void. The director shall notify the
applicant that the previously submitted application has been deemed withdrawn and will not
be processed any further. Withdrawal shall be deemed to occur even when the city has finished
processing the previously submitted application.
B. Many inconsistencies between applications can be reconciled through corrections that are
made during the development review process. This section is not intended to treat all
inconsistencies as effecting a withdrawal of the earlier application.
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C. Without limiting the generality of subsection (A) of this section, the following examples are
intended to illustrate whether a subsequent application shall be deemed irreconcilable with an
earlier application:
1. Examples of Irreconcilable Applications That Result in Withdrawal.
a. Applicant submits an application for a four-lot short plat on a particular property.
Subsequently, another application is submitted for a three-lot short plat on the same
property. Assuming there is not enough land area for seven lots, the two applications
are irreconcilable because one could not construct both short plats. Hence, the four-lot
short plat is deemed withdrawn.
b. Applicant submits a design review application for a 20-unit multifamily housing
development. Subsequently, another design review application is submitted for a 30-
unit multifamily housing development whose footprint would substantially overlap
with the footprint of the structure shown for the 20-unit application. Because both
structures would occupy substantially the same space they are irreconcilable and the
20-unit application would be deemed withdrawn.
2. Examples of Applications That May Be Inconsistent but Are Not Irreconcilable Resulting in
Withdrawal.
a. Applicant submits an application for a four-lot short plat on a particular property.
Subsequently, a building permit application is submitted for a single-family home the
footprint of which would encroach into the setbacks as measured from the proposed
short plat lot lines. Because the building permit application could be corrected to
properly locate the footprint, the applications are reconcilable and do not effect a
withdrawal of the short plat application.
b. Applicant submits a landscaping plan that is inconsistent in an insignificant way
with civil site-improvement plans that are submitted for the same property. If the two
sets of plans can be reconciled by submitting a corrected version of at least one of the
two plans, then city staff would seek corrections and withdrawal would not be deemed
to occur. [Ord. 4006 § 1, 2015].
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20.02.005 Referral and review of development project permit
applications.
Within 10 days of accepting an application, the director shall transmit a copy of the application,
or appropriate parts of the application, to each affected government agency and city
department for review and comment, including those responsible for determining compliance
with state and federal requirements. [Ord. 3817 § 2, 2010; Ord. 3736 § 4 (Exh. A), 2009].
20.02.006 Resubmission of application after denial.
Any permit application or other request for approval submitted pursuant to this title that is
denied shall not be resubmitted or accepted by the director for review for a period of 12
months from the date of the last action by the city on the application or request unless, in the
opinion of the director, there has been a significant change in the application or a significant
change in conditions related to the impacts of the proposed project. [Ord. 4006 § 2, 2015; Ord. 3817
§ 6, 2010; Ord. 3736 § 4 (Exh. A), 2009. Formerly 20.07.007].
20.02.007 Notice of final decision.
A. The director shall must issue a notice of final decision within 120 days of the issuance of the
determination of completeness pursuant to ECDC 20.02.003; provided, that the time period for
issuance of a notice of final decision on a preliminary plat shall be 90 days, for a final plat 30
days, and a final short plat 30 daysthe timelines found in the Decision Table in ECDC
20.01.003.B. The notice shall include the SEPA threshold determination for the proposal and a
description of any available administrative appeals. For Type II, III and IV permits, the notice
shall contain the requirements set forth in ECDC 20.06.060(C) and explain that affected
property owners may request a change in property tax valuation notwithstanding any program
of revaluation.
B. 1. The notice of final decision shall be mailed or otherwise delivered to the applicant, and to
any person who submitted comments on the application or requested a copy of the decision,
and to the Snohomish County assessor.
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2. Notice of the decision shall be provided to the public by any means deemed reasonable
by the director.
B. In calculating the 120-day period for issuance of the notice of final decision, or other
decision period specified in subsection (A) of this section, the following periods shall be
excluded:
1. Any period during which the applicant has been requested by the director to correct
plans, perform required studies, or provide additional required information. The period
shall be calculated from the date the director notifies the applicant of the need for
additional information until the earlier of the dates the director determines that the
additional information provided satisfies the request for information, or 14 days after the
date the additional information is provided to the city;
2. If the director determines that the information submitted is insufficient, the applicant
shall be informed of the deficiencies and the procedures set forth in subsection (B)(1) of
this section for calculating the exclusion period shall apply;
3. Any period during which an environmental impact statement (EIS) is being prepared
pursuant to Chapter 43.21C RCW and Chapter 20.15A ECDC. The time period for
preparation of an EIS shall be governed by Chapter 20.15A ECDC;
4. Any period for consideration and issuance of a decision for administrative appeals of
development project permits, which shall be not more than 90 days for open record
appeals and 60 days for closed record appeals, unless a longer period is agreed to by the
director and the applicant;
5. Any extension of time mutually agreed to by the director and the applicant in writing.
C. The time limits established in this title do not apply if a permit application:
1. Requires an amendment to the comprehensive plan or a development regulation;
2. Requires siting approval of an essential public facility as provided in RCW 36.70A.200;
3. Is a Type IV permit process identified in ECDC 20.01.003(A); or
4. Is substantially revised by the applicant, in which case the time period shall start from
the date that a determination of completeness for the revised application is issued by the
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director pursuant to ECDC 20.02.003 and RCW 36.70B.070. [Ord. 4154 § 10 (Att. D), 2019].
20.02.008 Permit review timelines.
A. Required Timelines. Permit review timelines are in the Decision Table in ECDC 20.01.003.B.
The time periods for the city to process a permit start over if an applicant proposes a change in
use that adds or removes commercial or residential elements from the original application that
would make the application fail to meet the determination of procedural completeness for the
new use.
B. Calculation of Days.
The number of days an application is in review with the city is calculated from the day
completeness is determined to the date a final decision is issued on the permit application,
consistent with ECDC 20.02.007. The number of days is calculated by counting every calendar
day and excluding the following time period:
1. Any period between the day that the city has notified the applicant, in writing, that
additional information is required to further process the application and the day when
responsive information is resubmitted by the applicant;
2. Any period after an applicant informs the city, in writing, that they would like to
temporarily suspend review of the permit application until the time that the applicant
notifies the city, in writing, that they would like to resume the application. The city may set
conditions for the temporary suspension of a permit application; and
3. Any period after an administrative appeal is filed until the administrative appeal is
resolved and any additional time period provided by the administrative appeal has expired.
C. Permit Application Fee Refunds.
1. When the permit review time periods provided in ECDC 20.01.003.B are not met, a
portion of the permit application fee must be refunded to the applicant, unless the city
has implemented at least three of the permit review streamlining options in RCW
36.70B.160(1) (a) through (j) at the time an application is deemed procedurally complete.
The portion of the fee refunded for missing time periods is:
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a. 10 percent: if the final decision of the project permit application was made after the
applicable deadline but the period from the passage of the deadline to the time of
issuance of the final decision did not exceed 20 percent of the original time period;
or
b. 20 percent: if the period from the passage of the deadline to the time of the
issuance of the final decision exceeded 20 percent of the original time period.
D. Annual Performance Report. Consistent with RCW 36.70B.080, the City must prepare an
annual project permit performance report.
Chapter 20.03
PUBLIC NOTICE REQUIREMENTS
Sections:
20.03.002 Notice of application.
20.03.003 Notice of public hearing.
20.03.004 State Environmental Policy Act (SEPA) notice.
20.03.005 Shoreline master program (SMP) notice.
20.03.006 Optional public notice.
20.03.002 Notice of application.
A. Generally. A notice of application shall be provided by the director to the public, all city
departments and agencies with jurisdiction of all Type II, III and IV development project permit
applications in accordance with this chapter. The notice of application for these permits shall
also be provided to the public by posting, publishing and mailing.
B. Issuance of Notice of Application.
1. A notice of application shall be issued within 14 days after the city has made a
determination of completeness pursuant to ECDC 20.02.003.
2. If any open record predecision hearing is required for the requested development
project permit(s), the notice of application shall be provided at least 15 days prior to the
open record hearing.
Commented [MC5]: Update for consistency with HB 1105
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C. Contents. The notice of application shall include the following information in a format
determined by the director:
1. The date of submission of the initial application, the date of the notice of completion
and acceptance of the application, and the date of the notice of application;
2. A description of the proposed project and a list of the development project permits
requested in the application and, if applicable, a list of any studies requested under
Chapter 36.70B RCW;
3. A description of other required permits not included in the application, to the extent
known by the city at that time;
4. A description of existing environmental documents that evaluate the proposed project,
and, if not otherwise stated on the document providing notice of application, the location
where the application and any studies can be reviewed;
5. A statement setting forth: (a) the time for the public comment period, which shall be not
less than 14 days following the date of notice of application; (b) the right of any person to
comment on the application, receive notice of and participate in any hearings, and request
a copy of the decision on the application; and (c) any appeal rights;
6. The date, time, place and type of hearing, if a hearing has been scheduled when the
date of notice of application is issued. For Type II-B processes, the notice shall provide
information regarding the process for requesting a public hearing in accordance with the
applicable Type II-B permit application;
7. Any other information determined appropriate by the director such as the director’s
threshold determination, if complete at the time of issuance of the notice of application.
D. Mailed Notice. Notice of application shall be mailed to:
1. The owners of the property involved if different from applicant; and
2. The owners of real property within 300 feet of the boundaries of the property(ies)
involved in the application (the distance is extended to 500 feet for Type II-A design review
applications in the general commercial zone). Addresses for a mailed notice required by
this code shall be obtained from the applicable county’s real property tax records. The
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adjacent property owners list must be current to within six months of the date of initial
application.
3. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice
of filing for preliminary plats and proposed subdivisions shall also include the following:
a. Notice of the filing of a preliminary plat adjacent to or within one mile of the
municipal boundaries of any city or town, or which contemplates the use of any city or
town utilities, shall be given to the appropriate city or town authorities;
b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the
boundaries of Snohomish County shall be given to the appropriate county officials;
c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent
to the right-of-way of a state highway shall be given to the Secretary of Transportation;
4. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and
58.17.090.
All mailed public notices shall be deemed to have been received on the next business day
following the day that the notice is deposited in the mail.
E. Published Notice. Notice of application shall be published in the city’s official newspaper (The
Everett Herald, as identified in Chapter 1.03 ECC). The format shall be determined by the
director and the notice must contain the information listed in subsection (C) of this section.
F. Posting. Posting of the property for site specific proposals shall consist of one or more notice
boards as follows:
1. A single notice board shall be placed:
a. At the midpoint of the street fronting the site or as otherwise directed by the
director for maximum visibility;
b. Five feet inside the street property line, except when the board is structurally
attached to an existing building; provided, that no notice board shall be placed more
than five feet from the street without approval of the director;
c. So that the bottom of the notice board is between two and four feet above grade;
and
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d. Where it is completely visible to pedestrians.
e. The size of the notice board shall be determined by the director.
2. Additional notice boards may be required when:
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
c. The director determines that additional notice boards are necessary to provide
adequate public notice.
3. Notice boards shall be:
a. Maintained in good condition during the notice period;
b. In place at least 14 days prior to the date of any hearing, and at least 14 days prior
to the end of any required comment period;
c. Removed within 30 days of the date of the project decision, unless the decision is
appealed. If the project decision is appealed, the sign must be removed 30 days after
the appeal decision is issued.
4. Removal of the notice board prior to the end of the notice period shall be cause for
discontinuance of the department review until the notice board is replaced and remains in
place for the specified time period.
G. Public Comment When to comment on the Notice of Application. All public comments in
response to the notice of application must be received by the city’s planning and development
department between the day the notice is issued and 11:59 p.m. by 4:30 p.m. on the last day of
the comment period. Comments in response to the notice of application received after the
comment period has expired will not be accepted no matter when they were mailed or
postmarked. Comments shall be mailed, emailed or personally delivered. Comments should be
as specific as possible. [Ord. 4302 § 3 (Att. A), 2023; Ord. 4299 § 42 (Exh. A), 2023; Ord. 4026 § 5, 2016; Ord.
4021 § 1, 2016; Ord. 3817 § 3, 2010; Ord. 3736 § 4 (Exh. A), 2009].
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20.03.003 Notice of public hearing.
A. A notice of public hearing shall be provided by the city for Type III or Type IV actions, as well
as appeals of Type II actions, by mailing, posting and publishing.
B. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required
by this chapter shall contain:
1. The name and address of the applicant and the applicant’s representative;
2. A description of the subject property reasonably sufficient to inform the public of its
location, including but not limited to a vicinity location or written description, a map or
postal address, and a subdivision lot and block designation (complete legal description not
required);
3. The date, time and place of the hearing;
4. The nature of the proposed use or development;
5. A statement that all interested persons may appear and provide testimony;
6. The sections of the code that are pertinent to the hearing procedure;
7. A statement explaining when information may be examined, and when and how written
comments addressing findings required for a decision by the hearing body may be
admitted;
8. The name of a city representative to contact and the telephone number where
additional information may be obtained;
9. A statement that a copy of the application, all documents and evidence relied upon by
the applicant, and applicable criteria are available for inspection at no cost and that copies
will be provided at the requestor’s cost; and
10. A statement explaining that a copy of the staff report will be available for inspection at
no cost at least seven days prior to the hearing and that copies will be provided at the
requestor’s cost.
C. Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
Commented [MC6]: Update for consistency with HB 1105
public comment dates/times
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1. The notice of the public hearing shall be mailed to:
a. The applicant;
b. The owner of the subject property, if different from applicant;
c. All owners of real property, as shown by the records of the county assessor, within
300 feet of the boundaries of the property(ies) involved in the application; and
d. Any person who submits public comments on an application;
2. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice
of public hearing for preliminary plats and proposed subdivisions shall also include the
following:
a. 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 RCW 58.17.090(1)(b) shall be given to owners of real
property located with 300 feet from any portion of the boundaries of the adjacent
parcels owned by the owner of the real property to be subdivided.
3. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and
58.17.090.
4. Procedure for Mailed Notice of Public Hearing.
a. The records of the Snohomish County assessor’s office shall be used for
determining the property owner of record. Addresses for a mailed notice required by
this code shall be obtained from the applicable county’s real property tax records.
b. All mailed public notices shall be deemed to have been received on the next
business day following the day that the notice is deposited in the mail.
D. Procedure for Posted or Published Notice of Public Hearing.
1. Posted notice of the public hearing shall comply with requirements set forth in ECDC
20.03.002(F).
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2. Notice of public hearing shall be published in the city’s official newspaper (The Everett
Herald, as identified in Chapter 1.03 ECC). The format shall be determined by the director
and the notice must contain the information listed in subsection (B) of this section.
E. Time of Notice of Public Hearing. Notice shall be mailed, posted and first published not less
than 14 or more than 30 days prior to the hearing date. [Ord. 3817 § 3, 2010; Ord. 3736 § 4 (Exh. A),
2009. Formerly 20.03.004].
F. When to Comment on the Notice of Public Hearing. All public comments in response to the
notice of public hearing must be received by the city’s planning and development department
between the day the notice is issued and the close of the public hearing.
20.03.004 State Environmental Policy Act (SEPA) notice.
A. Whenever possible, the city shall integrate the public notice required under this subsection
with existing notice procedures for the city’s nonexempt permit(s) or approval(s) required for
the proposal.
B. Whenever the city issues a determination of nonsignificance (DNS) under WAC 197-11-
340(2) or a determination of significance (DS) under WAC 197-11-360(3) the city shall give public
notice as follows:
1. If public notice is required for a nonexempt license, the notice shall state whether a DS
or DNS has been issued and when comments are due.
2. If an environmental document is issued concurrently with the notice of application, the
public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to
meet the SEPA public notice requirements in WAC 197-11-510(1).
3. If no public notice is otherwise required for the permit or approval, the city shall give
notice of the DNS or DS by:
a. Posting the property, for site specific proposals;
b. Mailed to real property owners as shown by the records of the county assessor
within 300 feet of the boundary of the property, for site specific proposals; and
c. Publishing notice in the city’s official newspaper (or if one has not been designated,
in a newspaper of general circulation within the city).
Commented [MC7]: Update for consistency with HB 1105
public comment dates/times
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4. Whenever the city issues a DS under WAC 197-11-360(3), the city shall state the scoping
procedure for the proposal in the DS as required in WAC 197-11-408 and in the public
notice.
C. If a DNS is issued using the optional DNS process, the public notice requirements for a
notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-
11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).
D. Whenever the city issues a draft environmental impact statement (DEIS) under WAC 197-11-
455(5) or a supplemental environmental impact statement (SEIS) under WAC 197-11-620, notice
of the availability of those documents shall be given by:
1. Indicating the availability of the DEIS in any public notice required for a nonexempt
license;
2. Posting the property, for site specific proposals;
3. Mailed to real property owners as shown by the records of the county assessor within
300 feet of the boundary of the property, for site specific proposals; and
4. Publishing notice in the city’s official newspaper (or if one has not been designated, in a
newspaper of general circulation within the city).
E. Public notice for projects that qualify as planned actions shall be tied to underlying permit;
the notice shall state that the project has qualified as a planned action. If notice is not otherwise
required for the underlying permit, no special notice is required.
F. The city may require an applicant to complete the public notice requirements for the
applicant’s proposal at his or her expense. [Ord. 3818 § 2, 2010; Ord. 3817 § 3, 2010].
20.03.005 Shoreline master program (SMP) notice.
A. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of
the city’s shoreline master program shall be given by one or more of the following methods:
1. Mailing of the notice to real property owners as shown by the records of the county
assessor within 300 feet of the boundary of the property upon which the proposed project
is to be built;
Commented [MC8]: Update for consistency with HB 1105
public comment dates/times
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2. Posting of the notice in a conspicuous manner, as determined by the director, on the
property upon which the project is to be constructed; or
3. Any other manner deemed appropriate by the director to accomplish the objectives of
reasonable notice to adjacent landowners and the public.
B. Content of SMP Notice. SMP notices shall include:
1. 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, may submit comments, or requests for the decision, to the director within 30
days of the last date that notice is published pursuant to this subsection;
2. A statement that any person may submit oral or written comments at the hearing;
3. An explanation of the manner in which the public may obtain a copy of the city’s
decision on the application no later than two days after its issuance.
C. When to Comment on an SMP Notice.Public Comment Period. The public comment period shall
be 30 days from the date of issuance of the notice until 11:59 p.m. on the final day of the notice
period or until the close of any required public hearing.
D. The director shall mail or otherwise deliver a copy of the decision to each person who
submits comments or a written request for the decision. [Ord. 3817 § 3, 2010].
20.03.006 Optional public notice.
The director, in his or her sole discretion, may:
A. Notify the public or private groups with known interest in a proposal or type of proposal;
B. Notify the news media;
C. Place notices in appropriate regional or neighborhood newspapers or trade journals;
D. Publish notice in agency newsletters or send notice to agency mailing lists, either general
lists or lists for specific proposals or subject areas; and
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E. Mail notice to additional neighboring property owners. [Ord. 3817 § 3, 2010; Ord. 3736 § 4 (Exh. A),
2009. Formerly 20.03.003].
Chapter 20.12
DISTRICT-BASED DESIGN REVIEW
20.12.005 Outline of process and statement of intent.
The architectural design board (ADB) process has been developed in order to provide for public
and design professional input prior to the expense incurred by a developer in preparation of
detailed design. In combination, Chapter 20.10 ECDC and this chapter are intended to permit
public and ADB input at an early point in the process while providing greater assurance to a
developer that his general project design has been approved before the final significant
expense of detailed project design is incurred. In general, the process is as follows:
A. Public Hearing (Phase 1). The applicant shall submit a preliminary conceptual design to the
city. Staff shall schedule the first phase of the ADB hearing within 30 days of staff’s
determination that the application is complete. Upon receipt, staff shall provide full notice of a
public hearing, noting that the public hearing shall be conducted in two phases. The entire
single public hearing on the conceptual design shall be on the record. At the initial phase, the
applicant shall present facts which describe in detail the tract of land to be developed noting all
significant characteristics. The ADB shall make factual findings regarding the particular
characteristics of the property and shall prioritize the design guideline checklist based upon
these facts, the provisions of the city’s design guideline elements of the comprehensive plan
and the Edmonds Community Development Code. Following establishment of the design
guideline checklist, the public hearing shall be continued to a date certain requested by the
applicant, not to exceed 120 days from the meeting date. The 120-day170-day city review
period required by RCW 36.70B.080 commences with the application for Phase 1 of the public
hearing. The 120-day 170-day time period is suspended, however, while the applicant further
develops their application for Phase 2 of the public hearing. This suspension is based upon the
finding of the city council, pursuant to RCW 36.70B.080, that additional time is required to
process this project type. The city has no control over the length of time needed or taken by an
applicant to complete its application.
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B. Continued Public Hearing (Public Hearing, Phase 2). The purpose of the continuance is to
permit the applicant to design or redesign his initial conceptual design to address the input of
the public and the ADB by complying with the prioritized design guideline checklist criteria.
When the applicant has completed his design or redesign, he shall submit that design for final
review. The matter shall be set for the next available regular ADB meeting date. If the applicant
fails to submit his or her design within 180 days, the staff shall report the matter to the ADB
who shall note that the applicant has failed to comply with the requirements of the code and
find that the original design checklist criteria approval is void. The applicant may reapply at any
time. Such reapplication shall establish a new 120-day 170-day review period and establish a
new vesting date.
C. After completing the hearing process, the final detailed design shall be presented to the city
in conjunction with the applicable building permit application. The city staff’s decision on the
building permit shall be a ministerial act applying the specific conditions or requirements set
forth in the ADB’s approval, but only those requirements. A staff decision on the building permit
shall be final and appealable only as provided in the Land Use Petition Act. No other internal
appeal of the staff’s ministerial decisions on the building permit is allowed. [Ord. 4302 § 4 (Att. A),
2023; Ord. 3636 § 3, 2007].
Chapter 20.75
SUBDIVISIONS
20.75.065 Preliminary review.
A. Responsibility for Review. The planning and development director, or a designated planning
staff member, is in charge of administering the preliminary review of all subdivisions. The
public works director and the fire department, and other departments if needed, shall
participate in preliminary review by appropriate recommendations on subjects within their
respective areas of expertise.
B. Repealed by Ord. 4314. Repealed.
C. Time Limits for Staff Review. Staff review shall be completed within 120 days from the date of
filing.
Commented [MC9]: Repeal. Duplicative of the updated
permit decision table in ECDC 20.01.003.B
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DC. Formal Subdivision Review. The hearing examiner shall review a formal subdivision as a
Type III-A decision in accordance with provisions of Chapter 20.06 ECDC.
ED. Short Subdivisions – Staff Review. The director of planning and development shall review a
short subdivision as a Type II decision (Staff decision – Notice required).
FE. Appeal of Staff Decision. Any person may appeal to the hearing examiner a Type II decision
of the planning and development director on a short subdivision under the procedure set forth
in Chapter 20.06 ECDC. [Ord. 4314 § 85 (Exh. A), 2023; Ord. 4299 § 57 (Exh. A), 2023; Ord. 4154 § 4 (Att. C),
2019; Ord. 4070 § 1 (Exh. 1), 2017; Ord. 3817 § 12, 2010; Ord. 3736 § 65, 2009; Ord. 3211 §§ 4, 5, 1998; Ord. 3112
§§ 17, 18, 19, 1996; Ord. 2379 § 2, 1983].
20.75.070 Formal subdivision – Time limit.
The city shall make its final decision on a proposed formal subdivision within 90 days of the
date of filing the timelines found in the Decision Table in ECDC 20.01.003.B., unless the
applicant agrees to extend the time. Where applicable, additional time needed to prepare and
circulate an environmental impact statement shall not be included within said 90 days. [Ord.
4154 § 4 (Att. C), 2019; Ord. 4070 § 1 (Exh. 1), 2017].
Title 21
DEFINITIONS
21.80.095 Project permit or project permit application.
Project permit or project permit application for purposes of the ECDC means any land use or
environmental permit or license required by the ECDC 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 areas ordinances, site-specific rezones authorized by a
comprehensive plan or sub-area plan, which do not require a comprehensive plan
amendment, but excluding the adoption or amendment of a comprehensive plan, subarea
Commented [MC10]: Repeal. Duplicative of the updated
permit decision table in ECDC 20.01.003.B
Commented [MC11]: Updated for consistency with SB
5290
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plan, or development regulations except as otherwise specifically included in this subsection.
[Ord. 3112 § 36, 1996].
6.A.d
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Planning Board Agenda Item
Meeting Date: 08/28/2024
Extended Agenda
Staff Lead: Michael Clugston
Department: Planning Division
Prepared By: Michael Clugston
Background/History
N/A
Staff Recommendation
Discuss the attached extended agenda.
Narrative
N/A
Attachments:
August 28 Extended Agenda
10.A
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Comprehensive Plan
Joint Discussion w/EDC D/R D/R
Final Review Draft Alternatives D/R
Housing Policy Discussion D/R
Transportation D/R D/R
Land Use D/R D/R D/R
Housing D/R D/R D/R
Draft DEIS Impacts and Preliminary Mitigations
Environment and Community Design
Waterfront Vision D/R
Draft EIS Comments Summary D/R
FEIS/Preferred Plan Framework D/R
Preferred Plan Recommendation D/R
Code Updates
Critical Aquifer Recharge D/R
CAO Update (RCW 36.70A.130 - end 2024) I D/R PH
Tree Code Update
Detached Accessory Dwelling Units (HB 1337 - mid 2025) D/R D/R
Green Building Incentives D/R PH D/R
Climate Legislative Package I PH
Land use permit timelines (SB 5290 - end 2024)R PH
Middle Housing (HB 1110 - mid 2025) I D/R D/R PH D/R
Design standards and processes (HB 1293 - mid 2025), including
multfamily design standards I D/R PH D/R
Long Range
Capital Improvement Program/Capital Facilties Plan I PH
Tree Canopy Policy D/R
Administrative
Site specific rezone request PH
Election of Officers D/R
Planning & Development Annual Work Plan B
Annual Retreat I
Planning Board report to City Council D/R B
Parks, Recreation & Human Services Report R B
KEY
I- Introduction & Discussion
PH- Public Hearing
D/R- Discussion/Recommendation
B- Briefing/Q&A
R- Report with no briefing/presentation
Regular meeting cancelled
January 28, 2025 is a presentation to Council
December 16, 2024 is a special meeting
Comp Plan Implementation
September 11, 2024 is a special meeting at 6PM
Planning Board Extended Agenda - August 28, 2024
Future Items
Code Modernization Projects:
1. Unified Development Code (late 2025 - 2026)
Neighborhood Center/Hub Plans
Highway 99 Community Renewal Program
10.A.a
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