HomeMy WebLinkAbout80-1216-24R STATE OF WASHINGTON
COUNTY OF JEFFERSON
A RESOLUTION RELATING TO
IMPLEMENTATION OF 2SSB 5290, RESOLUTION NO 80-1216-24R
ADOPTING OPTIONS WITHIN RCW
36.70B.160(1)(a) THROUGH (j) TO
AVOID THE PENALTY OF PERMIT
FEE REFUNDS IF THE REQUIRED
TIME FRAMES ARE MISSED
WHEREAS,Jefferson County adopted Joint Resolution No. 17-19 establishing a
program of regulatory reform directing County departments to accomplish reform goals such as
streamlining and simplifying the Jefferson County Code ("JCC"); and
WHEREAS, The Department of Community Development participates in on-going
regulatory reform work program, by completing code amendments when required by an
update to the applicable chapters of JCC Title 18, Unified Development Code, and timely
engages in associated review procedures to streamline the permitting process; and
WHEREAS, 2SSB 5290 creates a requirement for local governments to provide
permitting fee refunds if the time frames specified in code are missed; and
WHEREAS,2SSB 5290 includes options within RCW 36.70B.160(1)(a)through (j) that
local governments can implement to avoid penalties; and
WHEREAS,RCW 36.70B.160(1)(a)through(j) included measures for each local
government to adopt to provide prompt, coordinated review and ensure accountability to
applicants and the public, and these measures include:
(a) Expediting review for project permit applications for projects that are consistent
with adopted development regulations;
(b) Imposing reasonable fees, consistent with RCW 82.02.020, on applicants for
permits or other governmental approvals to cover the cost to the city, town,
county, or other municipal corporation of processing applications, inspecting and
reviewing plans, or preparing detailed statements required by
chapter 43.21C RCW. The fees imposed may not include a fee for the cost of
processing administrative appeals. Nothing in this subsection limits the ability of
a county or city to impose a fee for the processing of administrative appeals as
otherwise authorized by law;
(c) Entering into an interlocal agreement with another jurisdiction to share
permitting staff and resources;
(d) Maintaining and budgeting for on-call permitting assistance for when permit
volumes or staffing levels change rapidly;
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(e) Having new positions budgeted that are contingent on increased permit revenue;
(fl Adopting development regulations which only require public hearings for permit
applications that are required to have a public hearing by statute;
(g) Adopting development regulations which make preapplication meetings optional
rather than a requirement of permit application submittal;
(h) Adopting development regulations which make housing types an outright
permitted use in all zones where the housing type is permitted;
(i) Adopting a program to allow for outside professionals with appropriate
professional licenses to certify components of applications consistent with their
license; or
0) Meeting with the applicant to attempt to resolve outstanding issues during the
review process. The meeting must be scheduled within 14 days of a second
request for corrections during permit review. If the meeting cannot resolve the
issues and a local government proceeds with a third request for additional
information or corrections, the local government must approve or deny the
application upon receiving the additional information or corrections; and
WHEREAS,Jefferson County complies with RCW 36.70B.160(1)(a), (b), (d),(f),
(g),and (j), as further described below:
i. JCC Chapter 18.40.260 includes provision for expedited review process.
Such process is available for Type I permit applications if the projects are
categorically exempt under SEPA and are consistent with adopted
development regulations. Type I permit applications that are not subject to
public notice and are submitted as complete applications shall take priority
over other projects; •
ii. Jefferson County imposes reasonable fees that are consistent with RCW
82.02.020 within JCC Chapter 3.80.020. The fees imposed on applicants do
not automatically include a fee to process the cost of an administrative
appeal;
iii. Jefferson County has six consultants under contract for on-call planning
services as well as on-call building review and inspection; and fire marshal
services. At the time of adoption of this ordinance,those consultants are Atwell,
LLC; BERK Consultants, Inc.; BHC Consultants,LLC; Cross Sound
Consulting, LLC; Townzen and Associates, Inc.; and SCJ Alliance.
iv. Jefferson County is in the process of completing the update of several
development code regulations, including but not limited to the Shoreline Master
Program, and Critical Areas Ordinance. Proposed amendments include
provisions that would require public hearings only for permit applications that
are required to have public hearings by statute,see e.g., shoreline substantial
development permit application will become a Type II process(i.e., no public
hearing);
v. JCC Chapter 18.40.090 states pre-application conferences are optional,and are
not a requirement of permit application submittal; and
vi. JCC Chapter 18.40.110(4) includes provisions for meeting with the applicant to
attempt to resolve outstanding issues during the review process; and
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WHEREAS, Jefferson County Board of County Commissioners determines Jefferson
County is not required to impose permit fee refunds because Jefferson County complies
with RCW 36.70B.080(1)(1)(ii); and
NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF
JEFFERSON COUNTY,WASHINGTON, HEREBY RESOLVE AS FOLLOWS:
Section 1. Whereas Clauses are Findings of Fact. The Jefferson County Board of Commissioners
hereby adopts the above "Whereas"clauses as Findings of Fact.
Section 2. Purpose. The purpose of this resolution is that Jefferson County Board of County
Commissioners has determined Jefferson County is not required to impose permit fee refunds
because Jefferson County complies with RCW 36.70B.080(1)(1)(ii).
Section 3. Severability. If any section, subsection, sentence, clause, phrase or section of this
Resolution or its application to any person or circumstance is held invalid, the remainder of this
Resolution or its application to other persons or circumstances shall be fully valid and shall not be
affected.
Section.4. SEPA Categorical Exemption. This resolution is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800 (19).
Section 5. Effective Date. This resolution shall take effect and be in full force immediately upon
passage by the Board of County Commissioners.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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ADOPTED and APPROVED this /)� day of December, 2024.
SEAL: JEFFERSON COUNTY BOARD OF
COUNT COMMISSIONERS
Kate i , Chair
""'I"",,,,
2c. -1--
G .rotherton, Member
��ki..SE. - i Ii
' c�'••., ... Heil Isenhour, Member
p .,-,. .•
ATTEST: APPROVED AS TO FORM:
5Reo, eaw I2/(o/z y
Carolyn Gallaway, CMC Date Philip C. Hunsucker, Date/Z-//7/-_9L
Chief Civil Deputy Prosecuting Attorney' "7
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Josh D. Peters,AICP,Community Development Director
Greg Ballard, Development Code Administrator
Mo-chi Lindblad, Principal Planner
Erin Martin,Permit Center Coordinator
DATE: December 16,2024
SUBJECT: PUBLIC HEARING and POTENTIAL ACTION: Ordinance Adoption to enact
Amendments to Jefferson County Code Chapter 18.40 Permit Application and
Review Procedures; and
POTENTIAL ACTION: Resolution Adoption for Compliance with Senate Bill 5290
STATEMENT OF ISSUE:
On November 12, 2024 the Board of County Commissioners (Board)held a workshop with the Department
of Community Development(DCD)on compliance with Senate Bill (SB) 5290, concerning consolidating
local permit review processes, which was signed into law with the 2023 legislative session. SB 5290
modifies parts of RCW 36.70B Local Project Review, with new permit time period requirements going into
effect on January 1, 2025. In that workshop,the Board approved a notice of public hearing for December 16,
2024, 11:00 AM. Notice was published in the December 4 and 11 editions of The Leader newspaper.
Directly after the hearing, the Board may deliberate and take action on a proposed Ordinance that amends
Chapter 18.40 of the Unified Development Code (UDC, Title 18 of the Jefferson County Code)—the part of
the code that addresses Permit Application and Review Procedures/SEPA Implementation—and on a
proposed Resolution that addresses aspects of SB 5290 related to permit timelines and fees.
Attached to this agenda request are the following:
• Proposed adopting ordinance with attached code amendments to Chapter 18.40 JCC in line-in/line-
out format
• Alternative version of proposed changes to 18.40.430 (p. 36 of Ordinance Attachment A)
representing a modified DCD recommendation based on input from Environmental Public Health
(EPH)
• Proposed Resolution for Compliance with Senate Bill 5290, entitled, "A RESOLUTION
RELATING TO IMPLEMENTATION OF 2SSB 5290, ADOPTING OPTIONS WITHIN
RCW 36.70B.160(1)(a) THROUGH (j)TO AVOID THE PENALTY OF PERMIT FEE
REFUNDS IF THE REQUIRED TIME FRAMES ARE MISSED"
ANALYSIS:
The county's response to SB 5290 entails code changes, a Board Resolution addressing compliance, and
adjustments to permit review processes and tracking. Following is information posted on the Washington
State Department of Commerce webpage (linked below):
Local jurisdictions are responsible for implementing several new requirements.
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• RCW 36.70B.070
• Clarify determination of completeness procedural requirements.
• The determination must be based on the procedural requirements as outlined on the
project permit application.
• RCW 36.70B.080
• Apply new default timelines for processing permits, effective January 1, 2025.
• 65 days if no notice is required for the permit type
• 100 days if public notice is required for the permit type
• 170 days if public notice and hearings are required for the permit type
• Refund application review fees up to 20% if new time periods are not met, unless
additional measures have been adopted.
• Report annual permit review data, including data on compliance with the new permit
time periods—only for counties and cities subject to the requirements of the Review
and Evaluation Program, RCW 36.70A.215 (often referred to the Buildable Lands
Program) and cities greater than 20,000 population within those counties.
• RCW 36.70B.160
• Adopt some of 10 listed measures to expedite permit review by the next comprehensive
plan update, under certain circumstances.
• Adopt additional measures to expedite permit review if the local government had
adopted at least three 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.
More information:
• www.commerce.wa.gov/growth-management/gma-topics/local-project-review/
• app.leg.wa.gov/billsummary?BillNumber=5290&Initiative=false&Year=2023
Additionally, the measures that DCD is taking to achieve compliance with SB 5290 are consistent with
Resolution 17-19 that the Board adopted in 2019, "Establishing a Joint Program of Regulatory Reform,"and
with Comprehensive Plan policies related to permit processing efficiency, such as LU-P-14.1, 14.2, and
14.3, and ED-P-8.1 and 8.2.
Finally, DCD recommends a relatively minor change from the proposed ordinance posted with the hearing
notice. See the attached alternate p. 36 of Attachment A to the adopting ordinance. The intention of the
language initially proposed was to describe typical scenarios for certain types of developed property in
which a"Limited SDR" is performed in lieu of a complete Site Development Review(SDR)that is standard
for vacant parcels. In dialog with EPH, DCD has determined that the additional language is unnecessary.
Additional changes to the Legal Lot of Record and/or SDR process may be proposed at a later date, as
needed and following consultation with EPH and other parties.
FISCAL IMPACT:
The fiscal impact of implementing SB 5290 has yet to be determined. DCD would have more information on
fiscal impact at the end of 2025. The fiscal notes prepared by the Office of Financial Management during the
2023 legislative session for SB 5290 are available here:
fnspublic.ofm.wa.gov/ENSPublicSearch/Search/bill/5290/68
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RECOMMENDATION:
Conduct the public hearing, deliberate, and take final action on the proposed Ordinance and Resolution.
REVIEWED BY:
://4/Z � ! /
at1e /Mark McCauley ounty Administrator D
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