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Home My WebLink Aboutord2025-005strike° Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 'l Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2025-059 File ID: AB2025-059 Version: 1 Status: Adopted File Created: 01/06/2025 Entered by: CStrong@co.whatcom.wa.us Department: Planning and File Type: Ordinance Requiring a Public Hearing Development Services Department Assigned to: Council Final Action: 02/25/2025 Agenda Date: 02/25/2025 Enactment #: ORD 2025-005 Related Files: Primary Contact Email: cstrong@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance adopting amendments to Whatcom County Code Titles 20 & 22 to enact SSB 5290 regarding local project review SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance adopting amendments to Whatcom County Code Titles 20 & 22 to enact SSB 5290 regarding local project review HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 01/14/2025 Council SUBSTITUTE INTRODUCED Council FOR PUBLIC HEARING Aye: 7 Donovan, Elenbaas, Stremler, Buchanan, Galloway, Byrd, and Scanlon Nay: 0 01/28/2025 Council Aye: 6 Nay: 1 HEARD PUBLIC Council Committee of the Whole TESTIMONY AND REFERRED TO COMMITTEE Buchanan, Byrd, Donovan, Elenbaas, Scanlon, and Stremler Galloway 02/11/2025 Council Committee of the Whole DISCUSSED AND MOTION(S) APPROVED Whatcom County Page t Printed on 212612025 Agenda Bill Master Report Continued (AB2025-059) 02/11/2025 Council INTRODUCED FOR PUBLIC Council HEARING Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 02/25/2025 Council ADOPTED Aye: 6 Buchanan, Byrd, Elenbaas, Galloway, Scanlon, and Stremler Nay: 0 Abstain: 1 Donovan Attachments: Email from BIAWC on 1.27.2025, Browne Handout Received 1.28.2025 for AB2025-059, Staff Memo for 2.11.2025, Revised Ordinance and Ex A for 2.11.2025, Notice of Hearing after 2.11.2025 Whatcom County Page 2 Printed on 212612025 PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. 2025-005 AN ORDINANCE ADOPTING AMENDMENTS TO WCC TITLES 20 & 22 TO ENACT SSB 5290 REGARDING LOCAL PROJECT REVIEW WHEREAS, On May 10, 2023, the governor signed SSB 5290 approving amendments to RCW 36.7013; and, WHEREAS, the provisions of SSB 5290 necessitate revising some of Whatcom County's permit processing code (WCC Title 22) as well as Planning and Development Services' processes so as to meet its requirements; and, WHEREAS, Planning and Development Services is taking this opportunity to address other, non- SSB 5290 processing issues in the code; and, WHEREAS, The Whatcom County Council reviewed and considered the Planning Commission recommendation, staff recommendation, and public comments on the proposed amendments; and, WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. On May 10, 2023, the governor signed SSB 5290 approving amendments to RCW 36.70B to combat the state's housing crisis. The bill encourages local governments to streamline their permitting processes for new housing. The provisions in Section 7, which include the new permit review timelines and annual reporting requirements, become effective on January 1, 2025. 2. The provisions of SSB 5290 necessitate revising some of Whatcom County's permit processing code (WCC Title 22) as well as Planning and Development Services' processes so as to meet its requirements. Additional amendments are being made to make the permitting process more efficient. 3. Whatcom County Planning and Development Services has submitted an application to make various amendments to the Whatcom County Code (WCC) to comply with the requirements of SSB 5290, as well as making other corrections, updates, and clarifications to the County's permitting processes. 4. This project is exempt from SEPA pursuant to WAC 197-11-800(19). 5. Notice of the subject amendment was submitted to the Washington State Department of Commerce on August 27, 2024, for their 60-day review. No comments were received to date. 6. The Planning Commission held work session on September 12, 2024, and a duly noticed public hearing on the proposed amendments on August 26, 2024. Comments were received from the Building Industry Association of Whatcom County, which were addressed by staff, and on October 10th the Commission voted to recommend approval. 7. Regarding the requirement to refund fees unless three at least three (3) of the ten (10) permit review streamlining options in RCW 36.70B.160(1) (a —j) a. 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 Page 1 of 3 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," i. Whatcom County imposes reasonable fees that are consistent with RCW 82.02.020 within WCC 22.25. The fees imposed on applicants do not automatically include a fee to process the cost of an administrative appeal. Pursuant to WCC 22.05.160, a fee for administrative appeals is required of anyone applying for an appeal of a permit decision at the time of appeal. It may also be refunded if the appeal is dismissed in whole without hearing. b. Maintaining and budgeting for on -call permitting assistance for when permit volumes or staffing levels change rapidly; The County has two consultants under contract that were chosen from the county's active on -call list established in 2023 that will be reviewed and renewed every three years. The consultants are Shannon & Wilson, Inc. and MacWhinney Environmental Consulting, LLC. The consultants are under contract to assist with permit review if permit volumes or staffing make efficient review infeasible. These on -call contracts were approved by the County Council in 2023, and again in 2024, for the 2024 through 2026 biennium time period. c. Adopting development regulations which make housing types an outright permitted use in all zones where the housing type is permitted; i. Whatcom County Code lists the uses that are permitted outright (likely with the need of a building permit), permitted with an administrative use permit in addition to any necessary building permits, permitted with a conditional use permit in addition to any necessary building permits, or permitted with a major project permit in addition to any necessary building permits in each of the zones of the County. Housing is permitted outright in all residential zones (non- industrial) per WCC 20.20.050, WCC 20.22.050, WCC 20.24.050, WCC 20.32.050, WCC 20.34.050 and WCC 20.36.050. The housing types vary based on if the zones are primarily single-family or multi -family. d. 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; i. Whatcom County adopts this statutory provision under WCC 22.05.080(2)(b), as shown in Exhibit A. 8. The County Council held a duly noticed public hearing on the proposed amendments on February 25 2025. Page 2 of 3 9. The amendments are consistent with Comprehensive Plan Policy Goal 2D to "refine the regulatory system to ensure accomplishment of desired land use goals in a fair and equitable manner." There are no policies with which these amendments would be inconsistent. CONCLUSIONS 1. The amendments are in the public interest. 2. The amendments are consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown in Exhibit A. Section 2. Staff is authorized to work with Code Publishing to correct and update any cross- references made ineffective by these amendments. Section 3. Severability. Should any part of this regulation be held to be illegal, unconstitutional, or otherwise unenforceable, the remainder of the regulation shall still apply. ADOPTED this 25-.1 day of ,� rn ,r1 , 2025. WHATCOM COU�TjjYigQWNCIL WHATCOM 0 NT V9 It (N� TON , a. ATTEST: °`� a 0 Cathy Halka, Couhi1'� rk\ Q<: APPROVE6as tq George Roche, Civil Deputy Prosecutor Kaylee alloway, Council Chair Approved ( ) Denied eo\04� &kov— Satpal Sidhu, E cutive Date: "Z • • °Z Page 3 of 3 Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) February 3, 2025 Editor's Notes: Yellow highlighting indicates changes specifically required by SIB 5290. Ellipses (...) indicate that there is existing code either before or after the cited sections that is not being amended. However, the amendments should be read in context of the entire code. TITLE 20 ZONING Chapter 20.97 Definitions 20.97.190 "5" definitions. Site Plan. A siteLplan_is a scale drawing of property and the development or other land use action being DrODOsed. A site Dlan graphically de_scl ibes existing and proposed conditions, providlnp locations, Measurementsbdescriotions etc. The main purpose of a site plan is to show how the intended land use I elates to the features of a parcel and its surrounding area, giving permit reviewers, decision makers and the,publyc the ability to verify compliance with Whatcom County Code G c n ram. c 4gTs t h TITLE 22 LAND USE AND DEVELOPMENT Chapter 22.05 Project Permits 22.05.010 Purpose and applicability. (1) The purpose of this chapter is to the application, review, and approval processes for project permits and appeals. It is further intended for this chapter to comply with the provisions of Chapter 36.70B RCW,, and federal laws and regulations relating to personal wireless service facilities (47 USC Sections 253, 332, and 1455 and 47 CFR Sections 1.6001 through 1.6100). These procedures provide for a consolidated land use permit process and integrate the environmental review process with the procedures for review of land use decisions. (2 _This chapter applies to the processing of project permit applications for development and appeals related to the provisions of WCC Title 15, Buildings and Construction; WCC Title 16, Environment; WCC Title 17, Flood Damage Prevention; WCC Title 20, Zoning; WCC Title 21, Land Division Regulations; and WCC Title 23, Shoreline Management Program. The provisions of this chapter shall apply to all project permit applications as defined in RCW 36.70B.020, and other administrative decisions, as listed in WCC 22.05.020 Table 1. (3).._For.pe_rm.it_aplpl.catiors,for„persona,„careless„servicefaci.lities.soiiieof„these._reg.g!l ti,ol>s,a,1e modified_by._varorrs,sections,,_as„feller.aL.,regu.lations..proem.pt_sorrle,,,loca,l.,repu,lationsar d,,.processes,, (2).(4)_...,__This ch_a.pter._a.fso,specifics,.processes._for._pon.-,pe_mift_act actions. Commented.[CES1]: This amendment is not required by 5B 5290; however, PDS is proposing to add a definition of "site plan" to the W WC, as there currently isn't one and we do require and process them with permits. In. conjunction with this, PDS is also proposing to add §22.05.023 to reflect our current process and provide clarity on the requirements:. for a 'site plan.' This is not a policy change. PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 R4j!3�The meaning of words used in this chapter shall be as defined in WCC Chapters 20.97 (Definitions), 23.60 (Definitions), or Chapter 20.13 (Personal Wireless Service Facilities} as appropriate to the permit being applied for. 22.05.014 Obligations of property owner, occupant, and applicant. (1) It is the intent of this title to place the obligation of complying with the requirements of this title, Title 15 (Buildings and Construction), Title 16 (Environment), Title 20 (Zoning), Title 21 (Land Division Regulations), Title 23 (Shoreline Management Program), and all other applicable laws and regulations upon the owner, and jointly and severally upon the occupant of the land and buildings within its scope. (2) It is the responsibility of an applicant to provide accurate and complete information and plans to comply with the requirements of the cited titles and all applicable laws and regulations. The cCounty is not responsible for the accuracy of information or plans provided to the cCounty for review or approval. (3) The department, or any other cCounty department reviewing an application, may inspect any development activity to enforce the provisions of this title. By submitting an application to the cCounty, the applicant consents to entry upon the site by the cCounty during regular business hours for the purpose of making reasonable inspection to verify information provided by the applicant and to verify that work is being performed in accordance with the approved plans and permits and the requirements of this title. Consent to entry extends from the date of application to the date of final action by the cCounty. 22.05.020 Develo ment Review & Approval ProcessesF�j2cd peabt pressact�krd�. (1) Whatcom County Code requiresrolect permits, approvals or other actions to undergo different processes. Some require little to no public participation others regune more public part(cipati_o_-n including noticing and public hearings before the Hearin Examrner; and some require a lenislative actions the County Council. Similarly, different types of appeals are heard by different appeals bodies. (2)_.However,these various rocesses can be generally classified into five basics types, identified below. These descri Lions are gen0,j!!�,of the code shall control if there is a contradiction. Type I is considered the lowest r)rocess tyge qnd-Ty_he_V is considered the highest. LaJ,_Ape (process is an administrative review and decision -making process thatsequires. public paitiap2tion. Review and approval of_these actions are._performed by the Director and are ....... �eglable to the Hearinp,, Examiner, J A 1" ,_e Ilp ocess is an administrative review and decision-mal<ir rocess that mquii es public notiang_hut no public hearing. Review a.nclapproval of,th,ese actionsI. are pertoi_med by the Director and are a.ppealable._to the Hearing Examiner, though some to the,Shorelines, Heal ings .. Board -.a..nd some to_a. Court of Competent,Junsd fiction, as specrfied.in Table 1T blo 1 1. .... .... ... (c).....A Type.11[ process is a review and decision making.,process that.requires pu_bllC noticing and. a public hearing before the Hearing Examiner, who, is the_ decision maker. " e-1 eD ;g Lxuni ncr's 2 PLN 2024-00003 - Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3 2025 decisions are generally appealable to Superior Court though some to the Shorelines Hearings Board and some to a Court of Competent Jurisdiction as specified in Table 1T44te44. d A T ReIV process is a review and decision-makin rocess for quasi-judicial actions that requires public noUang, anopen-record public hearing before the Hearing Examiner, and a final decision by the County Council. In these instances the Hearing Examiner makes a recommendation to the County Council who holds a closed record hearing before making the final derision Their decisions on qu�si-ludicial actions are appealable to Suyerior Court. (e) A Type V process is a, review and decision making process for legislative actions that requires public noticing and an open-recmdpublic- hearing before the Planning Commission and then County Council who Is the decision, make;Decisions on Iegislative actions are a�.pealable to the Western Washington Growth_Management Hearings Board. -- (3) Table 1. Land Use Review and Approval Process TableT^�'� ^' '@Rd "�°ev ' orn -rari„l! ,below,, indicates the required general steps for processing all project permit --;__Commented [CE531:Revising Table Iisnot required by_ -----. applications or administrative actions. Check marks indicate a step is required; reference letters se szso.However, our -current table 1 doesn't address refer to the notes in subsection (2) of this section. The requirements for each step listed in the top _many of the actions or decisions PDS must make. The revised table reflects the full scope ofactions done _byPps row of the table are provided in WCC 22.05.040 through 22.05.160, as indicated. Specific in reviewing for consistency with Titles 16,20,21,22 and ` requirements for each project permit can be found through the references given in the table. 23 ` Or— ' -... &rrctniy . 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Variaase LnHq SubclivsictF 2.101, Heaing Hearing Supcm--Cserrt > , r ✓=xosH11H8r /E/-^^A\\3Fi11HE+ RJ 4 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 6ir>d4'.g Site Pan 2447 Hearing 11ti', Sut)edor-C 41rt E�.?{/ii!1GY (e) Rersaua6;c 6�se{sj �k-16 H# .;n6 Hoxieg St+yteries-o ust ,. €Fanlliier xanlllier Removatcd.Fore�t 20.7622q5j{b) kimarirg kiearir i Sr;gorior Cesrt F%qi os E-z-z+;=;?zOr E�aniaer F�OVOiOJmelFlt v � v n4o;�atosiu,Fl Shoralina.Gondi(ioFlal 22„-05 &4„„__...... 7 Heariixj Hearirrg Sha e;ines Uce . Examiner Examiner Hearings Board M M Shoreline SWntantial ;?2-05 OZ2 Heanng Hea,'sq S!iore4iiec Dgvolo�iOnt�Rggri6 .f(a) �.,<� d: �� ,.= Exa;aiinc• Eea�nmer Hea wgc-5or:-d I) ((} SlrureGuo-`lariaaca ?�.ns, r m Haawy Heau;uq Sksr 4: kG ................. €xaminer Exalnnc-r Hea6•,gs-Eoard N, (O Maior_-Variance 22 nc,non,&6:273 Mearaig Nearing Supe;isr-Betio# ....................... 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Lord Use Rev;es✓ and Approvai Process Table Building Permits (SFRLOU... 15_04 ;,,j, Director H.._ qrrn,. __, Examiner Aociilaru.Euilding �eMlits - - i , _ �.C4. _ D�recfor __ Heznno ------- Examiner arturedHcmes(M08) 1n0+/ Director fl - - ------- examiner Detached c essory ........... ......... s.0a .........._. ........ ......... J .-.......... ......... ...... ......— ...... Director .... Hearing Structures C .. ......_..... .- .._. Examiner ............. . J,echzric, I_( _EC r C Rl - 5 -4 Director Hearnig .. ........-- _ .................- txaminer .. ........ .......... «?lu rpi cEPL6-RtPLD-C) -........ ............. - a J4 .......... - -�................ ....................— ........ ............. ...........------_ .... .---..-...,. Director -Heaino Examiner ri,er P FRE-CON FIRE: ....... 504 --.-.. ... �� ............ Dire Lector .....Hem r}P FIEF OCCI --- --"— Examiner Use Permits , Si._ � Plan .1oo-cvzl'SPP.i '2 0� OZ Director , a He^nnct _ __ Examiner Administrative 22.05.028 Director neanng _ ..... .... ..... _... Examiner n- ............................. ses_iCUpl ul, 22.05.028 Hearin Hearing Superior Court _._ ..._ — — Examiner Examiner Personal WirelessService Facilities Use Permits gib e_Faca J, °egsest (COME Court of 1 20.13 _ Director comnetent jurisdiction Smzil_'__^.'iroess Faciliyies..jAD tj Court. of it 20.13 _ Director competent urisdiction Micro'NirelessFacili Facilities __U Hearnq Hearing Cf _I 2013 _ - --- — — Examiner Examiner competent jurisdiction Shoreline Permits Shoreline Exemotions;SHX; 22.07.020 ✓ DireCor Hearinq -- Examiner 6 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 - Appeal $6d„r� - - imCc�.@`{?rC S .SB2PtliiC�'fWEi efLrmmaEson,P Notice 0 — sr# i1�3{7 Ca};Oil - -Site �- POSi,'p Notice DI iipEn 2eCord Qpen.,Ret O,d Cot3nLsj perisia ref rngt D oy,,'.Actlor iC ASC foCess or ' i Re LEetl {ire Completeness g2e urre € i?eA�ired Heanne HEat np }t2ic4see Zr_ se£ Lyli1 M fob. �ofea} yne i?c^ inmb is 22050�101 Re r,red: sea jsCe LscE Requared BusEE .2205.f20, 22.D5.i 22.D5 D50 22.D5.D7D 22.D55.07DS see 22.D5 09D `-- ' 2 t12r4I 2 t 2i Shore ine Substaniiai - -- DEVe Oall N(SHR� - - - - - - - .For-,.ngle.rariiiy_resid�ntial,.-- aancuhral, orccmmerd.al Shorelines- ,27 u{pro;ectsoro'^er a .... 22,07,030 ,i .... ;! ,' ..... Director b) Hearings - -- - - ' - --- - -- - - - - - - groie +s ose value is less Board - !ran S50" Y a f or0 ec, value exceeds - - SS55K r o or s Dale Shorelines - 'em 17 r sI'+ n I, ao cultural. .. ..._ I 22 n7 �30 .r , �• , Hearing Hearing Hearings - - - - orcom ,.rcal ores- - ."-- ""-"" -- --"- Examner __._......._..... Examiner(b) Board _ o�q_iecsA of 'ea;,ires- a valance Snore me Conditlonai Use (SHC) - -- -- - - for ........... ................. n amivdeveooment - 22.07 C4Q _..... ....... ✓ ............................................... ✓ --- - ------ Director�b� ......................... HeH arino. - - - - -- - - - .ises ore cierles """' - = Examiner - ,-- o de oem r s s. .......... .-....... ......... He.... Heannq. Shorelines - and tvit s -- Ill 270ZC40 ---- = -- - �" Examiner Examiner b Heamgs - - - - - - - Board Shore'ir V i2aces (SHV), Hearing _ Shorelines n 22.07.050 — — — Examiner Examiner Examiner(b) Headings Board Land Division Permits & Approvals �oun�erv.7.._Adius�ments- ... BL4i ....-..._ - taPrelm,nary Director Hearing- - - - - - .......... - ................. Examiner - - - ............................. s Al==erationo ................. .. ... .............. ............ .. ........ .. ....... ......... .............. ....... Director ...,.._____..— _ - - -..... ......... EXeE mer .,.. - - - - - rinai -- Director Hearin =g - - - - - -- - - - _ Examiner -- - - Exemn'_andDvsionsjEXEI : 21.03 - - - - - - - - - - - - - - ...........: ..-..-. sPrchrninarvI ......... ........:::.... .............._.... ............. .................. ...-....... ..._...—................ ....... ............. ....... ............_. _ Dlrecto= .............__ = nclearine _- _- - - - -- - - _:.. s, = r - - - - - - - ... ... ...... --- .. Director _.._.. Hearing - Examiner - - Sho;.Pla'slSS) -- ......."1 - gFre mirzri -. .......:::.:. ................. ............... .../_... .................. / ..-_.........._ ._.. .. .......... .._........ ............._ _ _ - DueCcr arino He.�--- - - _ _........_.. ...... Examir....._...... - ..._ .nr e ii r FIan.S ........... ........ .......... .................. ............. ...... .. ........ .............. .. .................. ..... .........__._.... - 7 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February DLY rmr7a On q JOFice of Smote Notice & Open nec4rLt Elpen;RocOrd - Ggt3nty Apt@xI r t�eiii:tfJQ (.*�gYA ,AC GP icn$.. iSfOCa55-.. V4cc Roferanc@ 'r''rC3pc3 catwn C4lttpieier€@55 ArJgliCafign PCStintn : ft Naaring Held- D@CiBiCn �ea 4 TY�E fact rfld notc yf e fOY� PL,iC ffe 711r8d [5�e Re aired seq 4 liii' i7: Uli@ti Re irtsd ss..e -= Mgkq -- 22 U5,16tk R qrs ram@ Ys 22.0s eao� 22.05.050 fsee sea see % 22 U�5 69C� 22 05120 2 2k2 R ` 22 OU70 2205,070 ! 22__05 �9D� 41246i BAlterations ✓ i ✓ ✓ Director Hearing ...... --- — .............................. ---- Examiner —.. Fr'° ........................ .......... ........................................ ........ —.. Direcor Hearing, Examiner gricu(uraLSho:t_Plats.( SSj 21.04.180 —:: »Pre mman� ... — ....... ............. _ .. .. ... .. _ - Hearina --"" — — Director —�— Examiner » Eno r, m., Pans era on, Hearina it ✓ ✓ ✓ Director .... — Examiner ........... -- »Final ....."" ................ ......... Subdivisions !LSS! :: ...:.-::... .................. Preliminary -........ III ............... 21.05 .......... ......... ......................................... ..................... ...._ .. ...... _....................... .................. Hea ing _ . Hearina ....................... Superior Court - Exam ner d Examiner » Eno�neenna Plans .— �Alteralcns 2 i 05.110 ......... ✓ ...,.. ...._-"---- ✓ -- ✓ --- Hearing — ................ . . Hearing ,................... SuoenorCcurt — — Examiner d Examiner in ad 2i.06 Birdnc S e Puna iBSP) -°reiiminary 2 07 � Hem none Hearing suoeriorcou - ..---. Exam ner,Lda, Examiner aEnare r,nr„Plans General BSP .......... 2".O8 ....,...... ........ ...............— .-.........-. ,,.......... .. ....-...... ...._.._ S-e ifcBSP .- 21_C8 - -- - -— Nonconformirz Uses &Lots AsaprovaEs 1 -,d2, it of von confeim nc Use . ... 20P3130 Director (NCN; - - .- ..... ._...........— Examiner Lot of Recc_rd_.„.fiiogyi..(L0 ] 2 6 -J,Os_Cg0 .i Director Hearing Examiner Lot Consmo,aLion {La 20.83.07„ y Qi ector Htarinq ,-.. Examiner Lot Cons„�da.:irn Relief iLG;`;1 ............._.....''............._._...._.._..._..... q ., _ 20.830;0 ✓ Director Hearing - - -- -- Examiner Conversi....... Residential Use to a Boardinq 20.83,010 Director .'�ome. idental Health Facilitic_gi `� Substance n5gse_Faciiity_(CJ1). PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 Notice of srt Notice of Co{ram ', WCOReteerice 3ArW Oti9 mnasOn Cf , ooDlcMion PO tina Open Record Op2n,Record ' IDeClai�n Arinea[�otl!t P m?uA ova-tAcson'CASE .Praness .-P[ta„p Reaiitd see Completeness Rsg tr cf'?aoe RLN91—req cann Re Mired Hearin He(d -Makertsce see #— 22.a5.160,, Y s�cEonrnote F ape - for�oacfic RecuinLd B s ate ?etiMiraimtrtfs 2Z_as"oaef 22.Q5,f50i -.f et _ (see see . 22RS� 2265.120 2.2122Q 1 2.1..210J ` ?Z0 J1Q, 72a5D70 22.09_C90 Fxrarsion of P. Noncon`orm ng Hearing Hearing J-e oy d.lc or_ErI r_ eme^t III ^ z 2u 83.020 ..._ ..._ Examiner rn Sup o._Court CUPi ._.. . Chance Chan 'mr.one in Use to another Hi 20.83 C40 _ Hearin g Sucero Coo .cnform .................................. �;JF,, — — — — Ceannq Examner Ezam:ner- - Forest Practices Permi s_& P 7{Jr6Va.ls ` Forest. nces Permia (FPA) processer' as Land =il'. and Grade. Pcrrn9, see eio!"J CcnversienOotionHarvest?ian 1 20.76A10 Director Director A.prrcval (COHP) .. ..--.. -..--.. ft"'I" or a Forest Practices 6- YearDeveiccmen,Moratorium ............................................................. 20.i6.220 G) Ipro�essed as Land Fi;l znd Grade Penult: see celoM Misceiianeous Permits 3, Gi_ rc Grad e__ L C)( 5.04.050 Director u ari3g vost ° it -,ices Pormi s'F?At m - 20.80,730 -- xaminer L a�ip Clearnq i_Ncyce.of ACtivitvl _.. Director Hearin — CP) — —1--- Examiner Floodclain Development Permits 7.12. J Direpto_ Hearina CO�etiSFR? - -- Examiner Tree Removal Permits 20.51430 Hearing (processed as a_LCP_ t 20.71.354 2072.653 3` J Director Examiner Sign Permits,(COM) Hearina - zoso.alo -- Director --- Examiner Miscellaneous Non -Permit Reviews, Approvals, & Actions State e_cv7onme ta,_Po„cv Act SEPA . (SEPA) R seeps (SEPi ii 16_03 official, Hearing (Director) Examirer Critical_Areas Notfiea_tiop_of 16.16.235 Director Hearina A,tivit !LCP Examiner Code.lnterly 'Lations I, 22_20 Director Hearing Examiner ,M,itirai'icn As.i3gi!t_N�_Molri{oring --�- ��-- I 1616.260 Dir2ctor Hearina ----• Examiner Surface. Mining Annual ReaisfraticgSV_vearmine I 20.80.40o NIA NIA startsdl-xxxxx` -- ..-- 9 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 Noficoof siW Notice of GC eO nt, ' VUCG R9€2rE�ttM r�!'e8Dp1 Celt=O+; nc Ermma on i '�_ `.. ,u—-- Apo araiion POsliaa open Record ...-- .. aoen Record -...... ..._.._ --- D@GB;on Aug,�al3ody ''. ^C P (:J LD 0 8 i/kClon �;`M1v7Z �Y00555 ;,ape :—!,I,: 0,,arn rc R.iernE2ts Re, aired g,e 22.0�.01c1 -bftnpke ine s Raga rc Jsec R¢ girc:€ see" Se are € see Neattkt Rego �EBF'I? i•IESI Maker see 22.o5.S20 Sg-e 22,D5.16©. rY E4 ce o5tno.e a" g 2.2i 2101 -- Z2 S.C50 22 35.t1i6 ' 22 D5.07o1 sea 22.DU9L 42 1,2t�i) 22 6S �50� Pre-400lC zion Meeting (PRE) 22.05.oGo N(A... NIA Variances Non-5horel�ne e rsde.c` n e, 72.05.�2, J Director �earinq sroreln,, uri..d-.Can' VARM'�l ... .......... — — — — ............. Examiner Minor Variance for Personal Cou of ','.5roless ,Sen,;ice, Facilities it 22.05.034 ✓ J Director competent (cufsideoishorelireiurisdiction} jurisdiction 'VAR- MIPJ Maici.Vriarces_.tcut�ideo� i,l 22.05.024 Hearing Hearing Superior Court shoreFne urisdicticn) (VAR-MAJ - 6.16.273 - - Examiner Examiner Reasonable Use Exceptions ......_ .............._._...__.....___. pl �6.16.270 , Hearin Hearing I Su eriorCourt (Ri7El - --------- _; — _= �= Examiner Examiner -- ------ Council Quasi -Judicial Approvals & Permits Development Ao•eements(DEV) Iv — 2,11.205 --------- = .,� —== Hearing Examiner County Council Superior Court Maia; Project Permits (PAPP) IV 20.88 Hearing Coun Suoenor Court — - Examiner Council Planned Unit Developments .............................................I.......... J 2 Hearin 9 County Su erior Court p....................... �;, '. (� ,,i. � -- � ........5 -- — — -- — Examiner Council Council Legislative Actions CountvCpde,4mendments Planning County Growth Commission Council Management v 2.10 — Hearin �s_ and Count Council Board Zcnnr,tleo_P,nendrients Einai ng Countv., Groyrth (Rezones) (PLN) Commission Council Management V 22.10 �� and_Counry Hearings Council Board Comprehensive Plan Text Planning County Growh An�ndments (PLNi Commission Council ent Mana ement _4 V 22.,0 and county ...-.._...... . Hearings Council Board Cc-norehensive Plan Land Use planning Coun . a,2-1th Mao,Amendments.jtN) commission Council Management V - 2.10 — Hearin s and County council Board 10 PLN 2024-00003 —Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 (�)(4) Notes on Table 1 44gT�hle-!>d tes. As indicated in Table ITable 11, certain project permits and approvals are subject to the following additional requirements: (a) If a protect requires SEPA review it wdl change the process type heproject permit must under2nder o from a Type ItoType il. Commented [CES4]: SB5290states that penritswith {a}(b) Pursuant to WCC 22 07.060 final administrative determinations or decisions, as 'public notice are to be processed within 100days,and SEPA pp Y g P gy appropriate, shall be filed with, or approved b ,the Washington State Department of Ecology. ; requires public notice. - ........._ ........ --- . n II u b lvb t �u uru a� rc� e#b cl alS n n f ,v,,,»y r- , d . ,i,.,4 i,_,e-s4,, - (c) Building permit preapplication conference, subject to WCC 15.04.020(C)(1). (d) The #Hearing eExaminer may choose to consult with the development standards technical advisory committee concerning technical matters relating to land division applications. (e) A variance request may change the process type for the plolect permit. See WCC 22.05.024. 22.05 023 Site :Plan Apj7rOva]l. - — Commented [CESS]: Adding language about Site Plan ` f 1)_Except as provided in �elewEWCC 22.05.023(2) or (3), site plan approval is re. wired for q —Y ;approval is not achange required bysB5290,thoughsite rt r..... proiectpermitsandotherdevelopmentactivlties;_to ; plans are included in its definition ofproject permit. However, thissectionisnot apolicy charge, asitonly adds ensure the proposal meets development requirements and standards. The applicant shall choose to language that reflect a process in place since2o13. ............ ......... ..... ......... process site plan reviews as either: (a) 1 In Conjunction with the project permit application, * `hall ~p "^! ^3 "jRed and Feviewed er+mat• or (b) -As an individual Site lah2 a liGafion '- Commented [AK6]:1J30/2025. We've clarified that site (J Site pjan a„JJpCOya) 1S not t�Ulr2d for interior alterations unless thEy rESi3it,in 1IiE fq�)_�4vinn -:plan will be reviewed as part ofa project permit OR as a 'at Additional sleeping Quarters Or bedrooms:-- standalone 'application the applicant's discretion. Lb) `Nonconformity v✓jth Federal Emergency Manapenaent Agency substantial un�rovc:ment threshold.: or cthe structure that reiiuims a raded fire aCCA5s 0[#irP. SUtipr'eSSion SySlemS 3 If a site plan is not re used for a commercial building permit per WCC 15.04.020, or when the scope and scale of proposed development is suffiaently minimal the Director in their sole discretion n�ay waive such review. 22.05.024 Variances 114On-Shoreline). Commented [CES7]: changes to this section are not (1) A_yanance is„not a.pgg it,. but rather a.i;e,,q,uest to deviate.Va4--iaraces-from the standards of WCC Title j'required bysB5290. However,theycoddythe idea that variances are not permits per se, but applied for through 20 (Zoning) or Chapter 16.16 WCC (Critical Areas 9 ddaaace). A request for a variance ishlied fors ;other permits to allow deviation from standards. rp ocgssed and considered in coniunn ctlowith anrojecit_p it... When a variance is req Jg ted, The . -.... p_ro]ect pernjrt shall be, teviewed under the process.type required for,the permj_t.oi action., with the hjghest process type„number pet WCC 22;05.020_Table 1Ta�le-�-1,, W(2)...__...Variances_may be authorized in specific cases that will not be contrary to the public interest, and where, due to special conditions, literal-eRfaFeei *compliance with,# the provisions of those codes would result in unnecessary hardship. Generally, variances shall only be considered for dimensional standards, unless otherwise specified in those codes. Under no circumstances shall a 11 PLN 2024-00003 - Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 variance be granted that allows a use not permissible or otherwise prohibited in the zoning district in which the subject property is located. (-2-)f3)_There are two types of (non -shoreline) variances: minor and major variances. (a) Minor variances include those that are unlikely to have impacts on surrounding properties or people or need to be processed more rapidly to meet federal time frames. These shall be limited to variances for: i. A reduction of up to 10%-pe4--G� of a front yard setback; ii. Minor variances for reduction of critical area buffers pursuant to WCC 16.16,273; iii. A 25%to 50% reduction of critical area buffers pursuant to 16.16.273 (Variances). iv. The following personal wireless service facilities: Small wireless facilities; provided, that a variance shall not be granted that would alter the dimensional, bulk, numerical, or other criteria in the definition of small wireless facilities in WCC 20.13. (b) Major variances include all other variances. ( (4)......_The appropriate decision maker, as specified in WCC 22.05.020 4?able 1?ah! De^jeet P-L-rm# p es&ipg-tablej,, shall have the authority to grant variances when the conditions set forth in subsection (45) of this section have been found to exist. In such cases, a variance may be granted so that the spirit of the eCounty's land use codes shall be observed, public safety and welfare secured, and substantial justice done. {4}fQ.__Before any variance may be granted, it shall be shown that the following circumstances are found to apply: (a) That any variance granted shall not constitute a grant of special privilege, not be based upon reasons of hardship caused by previous actions of the property owner, nor be granted for p-e-uni-ary-financial reasons alone; (b) Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surrounding, the strict application of WCC Title 20 (Zoning) or WCC Chapter 16.16 WCC (Critical AreasOrdinance) is found to cause a hardship and deprive the subject property of a use or improvement otherwise allowed in its zoning district. Aesthetic considerations or design preferences without reference to restrictions based upon the physical characteristics of the property do not constitute sufficient hardship under this section; (c) The granting of the variance will not be materially detrimental to the public welfare, or injurious to the property or improvements in the vicinity and zone in which the subject property is situated. 22.05.026 Conditional use permits. (1) Application. Conditional use permit applications shall be processed per the provisions of this chapter. (2) Conditional use permits shall be nontransferable unless said transfer is approved by the #Hearing eExaminer. (3) Approval Criteria. Before approving an application, the rlo-rct� k H,earing eExaminer shall ensure that any specific standards of the zoning district defining the use are fulfilled, and shall find adequate evidence showing that the proposed use at the proposed location: 12 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February (a) Will be harmonious and in accordance with the general and specific objectives of Whatcom County's Comprehensive Plan, zoning regulations, and any other applicable regulations. (b) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area. (c) If located in a rural area (as designated in the Comprehensive Plan), will be consistent with rural land use policies as designated in the rural lands element of the Comprehensive Plan. (d) Will not be hazardous or disturbing to existing or future neighboring uses. (e) Will be serviced adequately by necessary public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. (f) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community. (g) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reasons of excessive production of traffic, noise, smoke, fumes, glare or odors. (h) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets. (i) Will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. (4) Approval Criteria for Expansion of Fossil Fuel Refineries Pursuant to WCC 20.68.153 and Expansion of Fossil Fuel Transshipment Facilities Pursuant to WCC 20.68.154. Before approving an application, the liHearing QExaminer shall ensure that any specific standards of the zoning district defining the use are fulfilled, and shall find adequate evidence showing that: (a) The conditional use permit approval criteria listed under subsection (3) of this section are met; (b) Within shorelines, if applicable, cCounty approval shall be contingent upon approval of a shoreline permit; (c) The applicant has documented to the c.County decision maker (as applicable): i. All of the anticipated types and volumes of substances to be processed, stored, or transferred in bulk with the proposed expansion; ii. Changes in the maximum transshipment capacity or the maximum atmospheric crude distillation capacity occurring as a result of the proposed expansion, as applicable; and iii. The mode of shipment vessels to be loaded or unloaded with the proposed equipment and/or as a result of the proposed expansion. The permit shall be limited exclusively to those types and volumes of materials or products as documented and approved. (d) Insurance requirements meet the provisions of WCC 22.05.125. (e) Mitigation of transportation impacts consistent with Chapter 20.78 WCC, Transportation Concurrency Management, and Chapter 16.24 WCC, Commute Trip Reduction. 13 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 (f) Mitigation of impacts to other services including fire and emergency response capabilities, water supply and fire flow, to address risks created by expansions. (g) Plans for stormwater and wastewater releases have been approved. (h) Prior to commencement of any site preparation or construction activities, all necessary state leases shall be acquired for any piers or aquatic lands improvements, and it shall be demonstrated to the zoning administrator that the project applicant has met any federal or state permit consultation requirements, including tribal treaty rights or the provisions of the Magnuson Amendment through state and federal permitting decisions. (i) The eCounty decision maker may approve a conditional use permit with a condition to obtain relevant leases and complete any necessary federal and state permitting requirements, and may restrict the conditional use permittee from undertaking site preparation or construction activities until it has fulfilled that condition. (j) The permittee must inform the eCounty permitting authorities of a change in the aforementioned disclosures so that the department can document current capacity levels to ensure that the cumulative thresholds under WCC 20.68.153 or 20.68.154 (as applicable) have not been exceeded. (k) The eCounty decision maker shall include, in any approval of an application for an expansion, as per WCC 20.68.153 or 20.68.154, a condition that the permitted equipment shall only be used in the manner described by the project proponent in the application and approved in the permit. The application shall describe the intended use, including the type of fuel to be stored and, if located at a fossil fuel refinery or renewable fuel refinery, whether the equipment will or will not be used for transshipment. (5) Revisions. The h.Hearing eExaminer may administratively approve revisions to conditional use permits; provided, that the proposed changes are within the scope and intent of the original permit. "Within the scope and intent of the original permit" shall mean the following: (a) Lot coverage and height may be increased a maximum of 10 percent from the provisions of the original permit; provided, that: i. Revisions involving new structures not shown on the original site plan shall require a new permit; ii. Any revisions shall not exceed height, lot coverage, setback, or any other requirements of the regulations for the area in which the project is located; and III. Any revisions shall be reviewed for consistency with the Comprehensive Plan; (b) Landscaping may be added to a project without necessitating an application for a new permit; provided, that the landscaping is consistent with conditions (if any) attached to the original permit and is consistent with the regulations for the area in which the project is located; (c) The use authorized pursuant to the original permit is not changed; (d) No additional over -water construction will be involved for shoreline conditional use permits; (e) No substantial increase in adverse environmental impact will be caused by the project revision. 22.05.028 Administrative approval use permits. (1) Administrative approval applications shall be processed per the provisions of this chapter. 14 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders Lebruary 3, 2025 (2) The 4Director authorized to approve, approve with conditions, or deny all administrative approval use applications. (3) Approval Criteria. Decisions for all administrative approval use permits shall be based upon compliance with: (a) The criteria established for the proposed use in the appropriate zone district; (b) The Comprehensive Plan policies governing the associated land use designation; (c) In rural areas, consideration will be given to the cumulative impacts of permitted uses in relation to the governing Comprehensive Plan policies and zoning district; and (d) The criteria of WCC 22.05.026(3) (conditional use permits, approval criteria). (e) Additionally, decisions for administrative approval use permits for adult businesses shall be based on the criteria in subsection (4) of this section. (4) Additional Approval Criteria for Adult Businesses. Prior to granting administrative approval for an adult business, the 4Director shall find that the proposed use at the proposed location satisfies or will satisfy all the following criteria: (a) The adult business will be consistent with WCC 20.66.131 (Light Impact Industrial District, Administrative approval uses). (b) The adult business shall be closed from 2:00 a.m. to 10:00 a.m. if it contains: i. An adult eating or drinking establishment; or ii. An adult theater; or iii. Another adult commercial establishment; or iv. One or more viewing booths. (c) If the adult business includes one or more viewing booths, the interior of the adult business will incorporate all of the following measures: i. Each viewing booth shall have at least a three -foot -wide opening where a customer enters and exits the booth that is without doors, physical barriers, or visual barriers; and ii. Each viewing booth shall have at least one 100-watt light bulb that is properly working and - turned on when business is open. The light bulb shall not be covered or otherwise shielded except with a commercially available lighting fixture. A minimum of one 12-inch by 12-inch durable metal sign shall be located at the entrance to each viewing booth area stating that lights shall remain on; and iii. Aisles or hallways adjacent to viewing booths shall be a minimum of five feet wide; and iv. There shall be no holes or openings in common walls between viewing booths. (d) Additionally, for adult businesses containing one or more viewing booths, a condition of approval shall allow an unannounced inspection by Whatcom County every six months during business hours to ensure that measures in subsections (4)(c)(i) through (4)(c)(iv) of this section are being implemented on an ongoing basis. (5) Revisions. The 4Director may approve revisions to administrative approval use permits; provided, that the proposed changes are within the scope and intent of the original permit. "Within the scope and intent of the original permit" shall mean the following: (a) Lot coverage and height may be increased a maximum of 10 percent from the provisions of the original permit; provided, that: 15 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 i. Revisions involving new structures not shown on the original site plan shall require a new permit; and ii. Any revisions shall not exceed height, lot coverage, setback, or any other requirements of the regulations for the area in which the project is located; and iii. Any revisions shall be reviewed for consistency with the Comprehensive Plan; (b) Landscaping may be added to a project without necessitating an application for a new permit; provided, that the landscaping is consistent with conditions (if any) attached to the original permit and is consistent with the regulations for the area in which the project is located; (c) The use authorized pursuant to the original permit is not changed; (d) No additional over -water construction will be involved for shoreline conditional use permits; (ee)No substantial increase in adverse environmental impact will be caused by the project revision. 22.05.030 Consolidated permit review. Tthe cCounty shall integrate and consolidate the review and decision on two or more project permits or actions that relate to the proposed project action unless the applicant requests otherwise._ Consolidated Typed II;-Idbaaid tV-permits_or actions shall be reviewed under the process type required for the permit or action with the highest process type aiaamba ,r-per WCC 22.05.020. Level IV is considered the highest and Level I is considered the lowest process type This_section shall not_ap.ply to building permits,, 22.05.032.-12-6 Supplemental procedures for fossil fuel refinery and fossil fuel transshipment facility permitting. (1) Upon request of the cCounty, fossil fuel refineries or fossil fuel transshipment facilities shall fill out a supplemental checklist for the purpose of determining whether a project qualifies as a permitted use or requires a conditional use permit as specified in WCC 20.68.153 or 20.68.154. The checklist shall contain supplemental information to include: (a) Impact on maximum atmospheric crude distillation capacity (MACDC), maximum transshipment capacity, and fossil fuel unit train shipment frequency from the proposed activity; (b) Confirmation of the acceptance of potential permit conditions as outlined in WCC 20.68.068(23); (c) Applicant name, property owner information, and parcel information as appropriate; and (d) An attestation by the applicant regarding the accuracy of the information contained therein, signed by the applicant and certified by a notary public. (2) Confidential Business Information. (a) For the purpose of checklists, permit applications and all other materials submitted by fossil fuel refineries or fossil fuel transshipment facilities for activities in the Cherry Point Heavy Impact Industrial District, the following shall apply: i. The applicant shall clearly identify information the applicant considers to be confidential business information, not subject to disclosure under Chapter 42.56 RCW (Public Records Act) and/or WCC 1.32.090. If such information is contained in submittal documents, the applicant shall submit two copies of materials for cCounty use as follows: (A) A copy with confidential business information clearly identified, with a watermark indicating the document contains such information; and 16 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SIB 5290 (Local Permit Review) As discussed with Stakeholders February 3. 2025 (B) A copy with confidential business information redacted, and a watermark added indicating that the document does not contain such information and is suitable for public disclosure. ii. Confidential business information may include: (A) Processing equipment technical specifications on internals, sidestream/pumparounds, design specifications, and process controls; (B) Process unit design, instrumentation and controls; (C) Feedstock, product, or process unit pump capacity and configuration; and (D) Contractual agreements and all terms contained therein. iii. The information listed above is not meant to be all-inclusive. Other information related to the applicant's processing activities, feedstock and product purchase, and/or sale and transportation methods and costs may be confidential business information and, if so, shall be marked as such when submitted. iv. Calculation and permit material submittals may contain, but are not required to contain any of the above information. v. Where no increase to MACDC, maximum transshipment capacity, or unit train frequency is proposed, submittal of confidential business information specifically related to the criteria of WCC 20.68.153 and 20.68.154 shall not be required to be submitted with the permit application materials. (3) Where calculations are to be submitted for maximum transshipment capacity of maximum atmospheric crude distillation capacity, the applicant shall provide calculations performed and certified by a professional engineer licensed in the state of Washington, clearly indicating the impact on MACDC and transshipment capacity. Confidential business information shall be clearly identified as required by subsection (2)(a)(i) of this section. (4) If the cCounty receives a public records request for records containing information the applicant has clearly indicated to be confidential business information pursuant to subsection (2)(a)(i) of this section, the cCounty will notify the applicant of the request and provide the applicant with a reasonable period of time of at least 15 days to file for an injunction under RCW 42.56.540 to prevent the disclosure of such information. If the applicant does not file for an injunction within the period of time set by the cCounty, the cCounty will disclose the records containing the information that the applicant has designated as confidential business information pursuant to subsection (2)(a)(i) of this section. 22.Os.040 Preapplication conferences. The purpose of a preapplication conference is to assist applicants in preparing development applications for submittal to the cCounty by identifying applicable regulations and procedures. It is not intended to provide a staff recommendation on future permit decisions. Preapplication review does not constitute acceptance of an application by the cCounty nor does it vest an application, unless otherwise indicated in Whatcom County Code. 17 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 (1) A preapplication conference is required as indicated in WCC 22.05.020, unless the dDirector en de nee -grants a written waiver. For other per+i4lt-sapplications, the applicant may request a preapplication conference. An applicant may request any number of preapplication conferences. (2) The cCounty shall charge the applicant a fee fora -each preapplication conference per the unified fee schedule. If the cCounty makes a determination of completeness on a project permit submitted within one year of the notice of site -specific submittal requirements per subsection (6) of this section, 50lofthe planning, fecesshall be applied to the application cost. (3) It is the responsibility of the applicant to initiate a preapplication conference through a written application. The application shall, at a minimum, include all items identified on the preapplication form and the department's administrative manual. The applicant may provide additional information to facilitate more detailed review. (4) A preapplication conference shall be scheduled as soon as possible and held no later than 30 calendar days from the date of the applicant's request, unless agreed upon by the applicant and the ECounty. (5) The eCounty shall invite the appropriate city to the preapplication meeting if the project is located within that city's urban growth area or which contemplates the use of any city utilities. Notice shall also be given to appropriate public agencies and public utilities, if within 500 feet of the area submitted in the application. (6) The eCounty should provide the applicant with notice of site -specific submittal requirements for application no later than 14 calendar days from the date of the conference. (7) A new preapplication conference shall be required if an associated project permit application is not filed with the cC.ounty within one year of the notice of site -specific submittal requirements per subsection (6) of this section or the application is substantially altered, unless waived per WCC 22.05.040(1). 22.05.050 Application and determination of completeness. (1) Project permit applications shall be submitted using current forms provided by the review authority. The submittal shall include: all applicable fees per WCC Chapter 22.25 -WC—G, all materials required by the department's administrative manual (unless waived pursuant to subsection (2)), and all items identified in the preapplication notice of site -specific submittal requirements, except for personal wireless service facilities which shall be as follows:a per} c s an ec, 3e reappl cut on frt� e saa;��„cs,er�tielty._,ir�ilas-develepa�e+��y%be-r,3ade.-�v.ithaa�a«e-year=e€it;�ti�tti cf d<<nial (a) Eligible Facility Requests. The cCounty shall prepare and make publicly available an "Eligible Facilities Request Application" form used to determine whether a proposal qualifies as an eligible facilities request. An applicant's submittal of a completed "Eligible Facilities Request Application" is the first procedural step in the county's application process. The county may require the applicant to provide documentation or information only to the extent reasonably related to determining whether the request meets the definition and requirements for an eligible facilities request. The county may not require an applicant to submit any other documentation, including but not limited to documentation intended to illustrate the need for 18 PUN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 such wireless facilities or to justify the business decision to modify such wireless facilities. The applicant shall submit applicable fees per Chapter 22.25 WCC. (b) The c-County shall prepare and make publicly available a "Small Wireless Facility Application" form used to determine whether a proposal qualifies as a small wireless facility. An applicant's submittal of a completed "Small Wireless Facility Application" is the first procedural step in the county's application process. The applicant shall submit applicable fees per Chapter 22.25 WCC. (c) The cCounty shall prepare and make publicly available a "Macro Wireless Facility Application" form for projects that do not qualify as an exempt activity pursuant to WCC 20.13.030, eligible facilities request, or small wireless facility. An applicant's submittal of a completed "Macro Wireless Facility Application" is the first procedural step in the county's application process. The applicant shall submit applicable fees per Chapter 22.25 WCC. (2) The Director may vary or waive the requirements provided in the Department's administrative manual on a case -by -case basis, though may also require additional specific information depending on the nature of the proposal and the presence of sensitive ecological features or issues related to compliance with other County requirements. (3) Upon submittal by the applicant, the County will accept the application and note the date of receipt. T.h.e,d te,„of,recei.pt st all,._be,th_e_date_of submittal)by,the applicant,,. Receipt of an application does not constitute approval of the project proposal. (4) For p,eisonal_w%reless faci,ljtiestThe cCounty shall provide to the applicant a written determination which states either that the application is complete or the application is incomplete within: (a) Ten calendar days of receiving a wireless eligible facilities request application; (b) Ten calendar days of receiving a small wireless facility application; (c) Thirty calendar days of receiving a macro wireless facility application; and (d) Fourteen calendar days of receiving all other applications. (5) For_all_othe_ranp.l.icato.ns1�lwithin 14-_28,calendar days of receiving the application, the County shall provide to the applicant a written determination which states either that the application is complete or the application is incomplete. To the extent known by the County, other agencies of local, state, or federal government that may have jurisdiction shall be identified on the determination. (6) A project permit application (other than for personal wireless service facilities) is rocedurall complete when it meets the submittal requirements of the ep rmit application and department's administrative manual, includes items identified through the preapplication conference process, and contains sufficient information to process the application even if additional information will be required. A project permit application for personal wireless service facilities is complete when the application required pursuant to subsection (1) of this section is entirely filled out with the required information, as set forth in the 4Department's administrative manual, and submitted to the cCounty. A determination of completeness shall not preclude the cCounty from requiring additional information or studies at any time prior to permit approval. A project permit application (other than for personal wireless service facilities) shall be deemed complete under this section if the cCounty does not issue a written determination to the applicant that the application is incomplete by the end of the foar-t,&--nth-28` calendar day from the date of receipt. A project permit application for 19 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 personal wireless service facilities is subject to the tolling provisions of WCC 22.05.130 (tolling refers to the time excluded from the permit review time frame). (7) If the application is determined to be incomplete, the following shall take place: (a) The sCounty will notify the applicant that the application is incomplete and indicate what is necessary to make the application complete. (b) The applicant shall have -360 calendar days from the date that the notification was issued to Commented [CES9]sB 5290 requirement. submit the necessary information to the CCounty. If the applicant does not submit the necessary information to the c-County in writing within the 960-day period, the application shall be rejected. b ays (c) Upon receipt of the necessary information, the CCounty shall have 14 calendar days (10 days for personal wireless service facilities) to make a determination and notify the applicant whether the application is complete' orreiectedl• Commented [CES9oj; sB 5290requirement_ 1 fbA determination of an incomplete application is an appealable final administrative determination, _:_ ........ _......... _. subject to WCC 22.05.160(1). 22.05.060 Vesting. (1) Complete Applications. For a project permit application the department has determined to be complete per WCC 22.05.050(4), the application shall be considered under the zoning or other land use control ordinances in effect on the date the application was submitted to the department. (2) Incomplete Applications. For a project permit application the department has determined to be incomplete per WCC 22.05.050(5), the application shall be considered under the zoning or other land use control ordinances in effect on the date the department determines the application to be complete based on the necessary information required by the department. (3) Applications Subject to Preapplication Conference. Notwithstanding the provisions of subsections (1) and (2) of this section, for a project permit application that is (a) subject to a preapplication conference per WCC 22.05.020 and 22.05.040, (b) submitted no more than 28 calendar days from the date the department issued its notice of site -specific submittal requirements, and (c) determined complete by the department, the application shall be considered under the zoning or other land use control ordinances in effect on the date the preapplication conference request was submitted to the department. (4) Continuation of Vesting. Building or land d+s�fill and grade permit applications that are :commented [CES11]: changes in this section are not required to CcGm,ofete-ohl:ain �J one of the following rOJeCt p_e rmits or app royascL_va1i-d- .e-.,piot ;required by.5B 5290. Though nor is it a policychange; Pos is only consolidating language. All the same permits are still covered by this language. uhfeetea ( ( r �gla{A){+ }eft sectar�shallvest tothe zoning and land use cart of erdisiar4c-es,eg ations in effect at the time the project permit application idea i&d be10, -was determined to be -complete: {-d)_(D) ,..._Administrative use; jOfb.)..,,,,.Cen3:nea:ed.�1-,Site plan review; 44} c,____Conditional use; 20 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 Tg7--E6i�ic31-2�2z"��.-4�2 r1c"TP.6E; 04fd) _Major project permit; e �1iew �4e1 Planned unit development; {1<3(f) Reasonable use exceptions; j &) _Shoreline conditional use permit; {PaLU_Shoreline exemption; LiL_Shoreline substantial developMgL Innit; {n4lil Variances 6G3..shsre4neAa-ri& + , (1 ....7o4w -variance. (5) Vesting of Building Permit Applications within Recorded Long and Short Subdivisions and Binding Site Plans. Building permit applications, including associated land disturbance permits, shall be governed by conditions of approval, statutes, and arner-regulati,ons,in effect at the time of final approval of thoplat, short.,plat,, or binding.site plan„pursuant to RCW 58.17.170. Vesting duration for those building permit applications shall be governed by the time limits established for long subdivisions in RCW 58.17.170, unless the cCounty finds that a change in conditions creates a serious threat to the public health or safety. (6) Vesting_of Building and Fire Code Requirements. Building and fire code provisions adopted per WCC Title 15 vest at the time a building permit application is determined to, be_complete. (7) Duration. Vesting status established through subsections (1) through (5) of this section runs with the application and expires upon denial of the application by the cCounty, withdrawal of the application by the applicant, rejection of the application per WCC 22.05.050(5), expiration of the application per WCC 22.05.130(1)(a)(i), or expiration of the approved permit per WCC 22.05.140, oi. revocation of_the_permit,per WCC 77,05;_150. 22.05.070 Notice of application. (1) For permit applications of Type II, III, and IV a;;eata;.processes per WCC 22.05.020, the cCounty shall issue a notice of application within 14 calendar days of a determination of completeness. The date of notice shall be the date of_publication. (2) If the cCounty has made a State Environmental Policy Act (SEPA) threshold determination of significance concurrently with the notice of application, the-centyit shall combine the determination of significance and scoping notice with the notice of application. (3) Notice shall include: (a) The date of application, the date of determination of completeness for the application, and the date of the notice of application; (b) A description of the proposed project action and a list of the project permits or a,p_proygLs reuest( d_4� du4e-d-in the application, and, if applicable, a list of any studies requested by the cCounty; (c) The identification of other permits o,r_a,p,p,re<31s_not included in the application to the extent known by the eC.ounty; 21 PLN 2024-00003 - Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 (d) The identification of environmental reviews conducted, including notice of existing environmental documents that evaluate the proposed project (including but not limited to reports, delineations, assessments and/or mitigation plans associated with critical area reviews) and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; (e) Any other information determined appropriate by the sCounty; (f) A statement indicating those development regulations that will be used for project mitigation or a determination of consistency if they have been identified at the time of notice; (g) A statement of the minimum public comment period, which shall be 14 calendar days for all project permits except for shoreline substantial development, shoreline conditional use, shoreline variance, and major project permits for mitigation banks, which shall have a minimum comment period of no more than 30 calendar days. The notice shall specify the first and last date and time by which written [_ublic comment i�i �y be submitted; (h) A statement of the right of any person to comment on the application and receive notice of and participate in any hearings, request a copy of the decision once made,, and to appeal a decision when allowed by law. The department may accept public comments at any time prior to the close of the open record public hearing. �,r ilf there is no public hearing, public_commen1 s.hou,ld he._subm tte,d._30._da.ys prior to the decision on the project permit,._Con],ments.ma.y._be_co,nsi,de red, by the departrnent.pOor to issuance. of the decision. In addition, the statement shall indicate that any person wishing to receive personal notice of any decisions or hearings must notify the department. (i) Notices relating to personal wireless service facilities may state the federal preemption of local regulation of radio frequency emissions. (4) The department shall issue a notice of application in the following manner: ,(a.) The notice shall be published once in the official cCounty newspaper and on the Whatcom County website. The applicant shall bear the responsibility of paying for such notice. a)jbL_0i_ of before the notice of application date the applicant shall ost such notices on all road frontages and adlacent shorelines of the subject. propeiThe si its shall be in a format conforming to Che L� and istrative rnanual and be visible to adlacent property owner s and sersby. Said notices shall remain in place until 3 days after tiie comment period closes, The applicant shall provide the department an affidavit of posting, attesting that such notices have been properly formatted and posted and on what date. ( 3) c Notices shall be sent to neiphborin property owners as followsA4d- e-,a,-.' ^tic---AadLbe fwA-R-�W,F t' e-f IeW 1g-naeth-&d: i. For sites within urban growth areas: Applk-at4y,, sNotices shall be sent to all property owners within 300 feet of the external boundaries of the subject property as shown by the records of the cCounty assessor, except that for personal wireless service facilities, notice shall be sent to all property owners within 1,000 feet of the external boundaries of the subject property as shown by the records of the county assessor; 22 Commented [CE513]. Posting of the site must happen within fourteen days of the determination of completeness, and it can staff take 1- 2 hours. This language proposed - -puts theonuson the applicant to posting their property, allowing staff more time to permit -review. - I Commented [CE514]: Moved and consolidated from '-22.05.080. Not a 5290 requirement. -- ......... - . _ - ........... PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 ii. For sites outside urban growth areas: App4c-2,4on-4Notices shall be sent to all property owners within 1,000 feet of the external boundaries of the subject property as shown by the records of the cCounty aAssessor. (c4(d) T-Iie-c-ot ty Notices of applications shall be sentd not', es f , li ' n--to neighboring cities and other agencies or tribes that will potentially be affected, either directly or indirectly, by the proposed development. Notice shall also be given to public utilities, if within 500 feet of the of the provider's service areas., e su".�.m' ' d }n the ap !sa„v . (5) All public comments received on the notice of application must be received by the dDepartment of pkan-abng-and deve!ep4:R s<.-; v+ces-by 4:30 p.m. on Gr-before-the last day of the comment period. (6) Except for a determination of significance, the cCounty shall not issue its SEPA threshold determination or issue a decision or recommendation on a permit application until the end of the public comment period on the notice of application. If an optional determination of nonsignificance (DNS) process is used, the notice of application and DNS comment period shall be combined. (7) Public notice given for project permit applications, SEPA documents, project hearings, and appeals hearings as required by this chapter and other provisions of the ECounty code may be combined when practical, where such combined notice will expedite the permit review process, and where provisions applicable to each individual notice are met through the combined notice. ,�-5.9�B-�e3.,&utg of�e�{2daEai-iar�:? Where-postdt�g..ef-pubtis-notdce isrecfuited-p2a:.-WGC--2.2:a5.,OX)7..the department ..shill- post pubic natdc-es ofthe-subject property -and adjacent shorelkies on or before -the netice-of-appdjcation-date and shall-be-visible-to-adjacent-pr-ape<ty evo ,nersanc[ to passkig_na otensts: Said notices -shall refrain j .place until, three days ..after _thecomme.n.t..p.erlodedoses: 22.05.086Application Consistency review and recommendations. (1) During project permit review, the review authority shall determine if the pro ectproposal is consistent with the CountV's fio<rrnrrahen. iv Plan, oth. r add:: d r; ans, rind eximi revul <, ions and development standards. La For ypp I and II applications, the conclusions of a consistency determination made under this section shall be documented in the proyect perm it decisional f bl_For Type III, IV, and V applications the department shall spare a staff report on,theproposed development or action. ForType 111 and IV applations, staff shall file one consolidated report with the Hearing Examiner at least 14 4-tl-calendar days prior to the scheduled open record he ring,,,_For_Type_Va,p,plications,_tlestaff„re„post_shall._hefiled.,wth_tf1e_County_Cierk_pu.r„s„wantto, the Cojn,iii's -„ enda procedures. The staff report shall;, i. Summarize,the comments and recommendations of_County department,.affecteq a,ge.nciPs,._specigl„districts.and..public,ccm,inents_received_with.in_thc_7.4-cla,y_or comment per od as esiabl shed._in WCC 22;05.070(6). i..,,,,-,Provide an evaluation of the_projectproposal_for_cons. stency._as..ind.icated...iri this,secti.on,;, nclude re..com_merld_e_d_fndi.ng ,,,cone.fusions,._an_d._acti,ons_rega.rdi.n.g_the.p,r,oposa.j, 23 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 (2) Notice of Additional Requirements (NOAR . Laj For,all project permit applications (except for personal wireless service facilities) applications if at any time in review of the application more information or corrections are required to determine consistency the Department may issue a notice of additional requirements (NOAR). A NOAR is not a final administrative determination. (b) Thei applicant shall have 60 calendar days fronrlhe date`of issuance of said notice to submit all Commented [CES17]: Required by 5290 requiredinforrnaton. Hawever, if an applicant`i5 non-recponsrve t_o a wriitei� regtrestfor additional information (see WCC 22.f)5.080{2)) for more han 60 days, an additiona3 30 days may be granted to the applicant to respond, and 30 days added to the--CountV's permit time review periods prourded in WCC 220S.130. In no event shall a Ts oose to a NOAR be submitted bond 90 days. `Non -responsiveness° means that an apptrcaltt isi:ot makiip demonstrable progression providing additional requested information,far there]s no ongoin:rwritten communication from the app icant on their ab li or willingness to provide the additional _. infornla tioiic__�...:...__ _ - The! Department shall issue no more than three NOARs_for anyone application. If`a second _._ 'Commented [CE518]: Required by { NOAR is necessary. the UE ar tment will invite the M21icant to me_et_— ithjhe goat of resolving _. .......: ....---.. ..--.:-. ...... - .................. any issues withrit l4 days of its issuance If the meeti cane t resolve the issues and the Department must'issuc a third NOAR' ugon r'ec tying �,ad revrewNi the p, icanLs response the decision -maker must either aporove or deny the action'; {d). If the,County.deterrmnes a N.OAR has been„issued in erro.l J.he,County may_,withdrawthat NOAR. . le) The Director maygrant 90-day extension for any NOAR..upon written request by_the_applicantx provided h request is submitted before the end. of the NOAR, response period,.. .. Burden of Proof. Perrilit a) li—ritsJ]1roponents have_the burden oLqi ovir that the proposed development ts,cgnsrstent with :all applicableooilcies and re hlations using the "Preponderance of the Evidence" standard Commented[AKi 91:-2/3/2025. This has beenamended:-- -. (3) Permit conditions. In grantLnp_ievisin , or extendin a permit the decision maker may attach such as proposed byMr_Browne. conditions modifications, or resp'ictions thereto regarding the location character and other elements of the proposed dev_elgpment deemed necessary to assure that the development will be consistent with the agplicahle policies and rEgulations including the policies andprovisions of the Shoreline Management Act for shoreline permits). In cases involving unusual ciLcurnstanres or uncertain effects a condition n ay be imposed to require monitorin with future review or reevaluation to assure conformance. If the monitoring plan is not implemented the permittee may be found to be noncomrliant and the permit may be revoked in accordance with WCC 7.2.05.150 (Permit Revocation). 22QS.D82ApticBfilOnSu5pen5iOt Commented [CES20]: The provisions for application CJL in Car <e Of urtantlClpal C'� £1rCl.IITl St ;nCE?5, an 2oplicant Tray Cusp nd review of an'.application fgi as : suspension are required bySB 5290 - - pericd not to`exrced 1 D days:'No more than one suspension is allowed. {2}_,Io sus end a11 applic trip 7 r npplicant must inrorni hE_Cou t? r writ ii ,thattheywould like to tempoiai i y sus ,� a c vi , of the wroject' ern,,it apt lie 3tio ._Re nev of the application shalt 24 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SIB 5290 (Local Permit Review) As discussed with Stakeholders February 3. 202! continue once the.d Ircantriotif es the'County, in writing,' hat they would like to resume review of the application: QJ Applicationssuspendcdfor more than 180 days shall bE expired: 22.05.090 Open record public hearings. (1) Pursuant to WCC 22.05.020 Table 1T h� ;c t N ,wit p oee „^vT�2), Type III and Type IV applications and appeals of some Type I and Type II applications require an open record public hearing before the hl-learing eExaminer. (2) Open Record Hearing Notice. Public hearings shall be noticed as follows: (a) The hHearing eExaminer shall publish a notice of open record hearing once in the official ;County newspaper and on the Whatcom County website at least 14 calendar days prior to the hearing. The notice shall consist of the date, time, place, and type of the hearing. In addition, personal notice shall be provided to any person who has requested such notice in a timely manner, consistent with WCC 22.05.070_(Notice of Application). (b) Within two days of the published notice the applicant shall be responsible for posting three copies of the notice in a conspicuous manner on the property upon which the use is proposed. Notices shall be provided by the h earing ,Examiner. (c) An affidavit verifying distribution of the notice must be submitted to the hHearing eExaminer two working days prior to the open record hearing. (d) The hHearing eExaminer shall send notice of an open record hearing to neighboring cities and other agencies or tribes that will potentially be affected, either directly or indirectly by the proposed development. The kiHearing eExaminer shall be responsible for such notification. (e) The applicant shall pay all costs associated with providing notice. (3) One Open Record Hearing. A project proposal subject to this chapter shall be provided with no more than one open record hearing and one closed record hearing pursuant to RCW Chapter 36.70B. This restriction does not apply to an appeal of a determination of significance as provided in RCW 43.21C.075. (4) Combined County and Agency Hearing. Unless otherwise requested by an applicant, the c-County shall allow an open record hearing to be combined with a hearing that may be necessary by another local, state, regional, federal or other agency for the same project if the joint hearing can be held within the time periods specified in Chapter 22.05 WCC, or if the applicant agrees to waive such time periods in the event additional time is needed in order to combine the hearings. The combined hearing shall be conducted in Whatcom County pursuant to Chapter 36.70E RCW. (5) Quasi-judicial actions, including applications listed as Type III and IV applications in WCC 22.05.020, are subject to the appearance of fairness doctrine, Chapter 42.36 RCW. The hHearing eExaminer shall administer the open record hearing and issue decisions or recommendations in accordance with Chapter 42.36 RCW. I Commented [CES21]: Section moved to 22.05.080, which 1- E)ur4.i- projCct penalit-review; the 4.viavdauthorit 511011dete4mi4ioifthe pfejeet pralposalis is why it's shown as struck out. een:siste,-?E w f t ,...t.ht, c.c.un z NI's.Coir.Pi:elhe=n.ci:,e pol an; �ar adopt i P, itaa;v�; pp existIng..aegalati0n1 34�d de ve lop mor4.t.. standards: 25 PLN 2024-00003 - Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 0025 52£-t+.,,, rrherl�rbz-aoC;cl+:�eratecf-t+a-t#e-pr9}e�a+tia- - vp ^on —staff 1,,4 nt z rs9 rdated-re at In ♦ , n_-�4eNva^r-vay-,-p{,u,=t@ tlae-sEF?e�t+le�-epe+a i�-I+�g�l�e--sta fe,�t-3'ttsl; e-eam-�- Gted _ aa2s� spec+a�-d+st�i�s-ark-�bti�-ce+aar�a, „� �-� ' ^a,t!^tn tfie-3�-day-9�r�"�y +i+:--lncl++de-re�narrae+�ed-f}ndi+ag�, ee+�Elcw,+c�+�s,--a�+dactie+��-r-egaxd+r}g-the-prepes�l: -As�afsasfis Fer afl pro}ect p�rnaa{3p4 eat on. exf�st-fe persen�l w -reJ� e-rsvice faei-I t+e appl cat4o f yore +�#er+�at ^^ ;s req + ed Ee c4et rna r e-erg st2y at a+ y N e4n-review ©f-the-�+pplicati�an;-the-�eparxa�ent-y-sss�a-aaotic-e-fl#-add4t+c>na4-req�++re+�;��. �!-iti �1rp4ica+�ta�mtiee-ef-arLdit4©na4-rer�+++re�reratr-rha44-a44©w�-the�pp4iea+�t�ia}�i� cafewdar-�wr�--f-r�wa-t-he date of uance a d-r3et+cc ter bn+It a44 requ red;+nfermanon: -perMst Anyapacataon-that+ernoir . +re and:e a new;appllcatio ;;and repa;ylnaei�i af;;fees shal4 be required to reactivate_tfle;p+oposal;; prop ided;, that Tthe-directoe:..or designee naay-grant a.1...yer extension for.good cause -extend -this period fo+-no-snore than cumulotive..2.4..months up -en -written ,rcquest by-the..applicant; provided the request-is-s+-bniitted before the -end of the first 180 day..peried A notice of-addition1l +equirannQnts-is not a -final. .administrative determination: (2)..&it9-rd sa e d e Perta�it gpplic; ;nts proponents ha the bur;dcn of,p+;oving.t} qt„the pi ope .pd deya4opment cflrasistent wttk-allap{ali, ab4e-po!icie and feg 4atrgrss_ lzerwn+t Eaao-a<6stroeas .la ::gtax iin{ <: ,e + dng,:o ext ndapaq a pe4'mit, the dc+ ron aieacer mly .... sand+tFo+15,-+ ledlf+fa -i 4- , oo- restrdet+ons thereto er and Rg_t(ie location, efa a+act -r, aIad O 11eF .... .. .. ok- menu of,the propared deva4Qp ai _ cenaed ,Recp aty Xo a sure -that th deve4onrnerrt v,44-be can +scentwitla tlo:appl+ca4-lepo is+es arad;r�gulat+,o+ s..(agcdud+a g, tk e poiic+es„i fi d is +,slar�s Qf_t"z Sdo+ellnL MaRage_rn&� t Act,for ",-hor�ltr e parr a+t.) -air ca es_in sly}±3g tan a k ci+cola} to+atc,__ r avadt ea .............. te{s _ tf e e ce airy bessu^d tad a 4ant-a+ ^^ ry ek2� a s e w fo r (-i�PeiTi#t-Rv tE}Eat-ISN�- 22.05.110 Final decisions -Type I, ll, and Ill ai lir�&VorrsProcesses. (1) The dDirector's final decision on all Type I or II applications shall be in the form of a written determination or permit. The determination or permit may be granted subject to conditions, modifications, or restrictions that are necessary to comply with all applicable codes. (2) The h earing eExaminer's final decision on all Type III applications per WCC 22.05.020 or appeals per WCC 22.05.160(1) shall either grant or deny the application or appeal. (a) The hHearing aExaminer may grant Type III applications subject to conditions, modifications,, or restrictions that they hea4ng-examine4:-finds are necessary to make the application compatible 26 PLN 2024-00003 -Exhibit A: Proposed Amendments to Implement SB 5290 (local Permit Review) As discussed with Stakeholders February with its environment; or carry out the objectives and goals of the Comprehensive Plan, statutes, ordinances and regulations as well as other official policies and objectives of Whatcom County. (b) Requirements. i. Performance bonds or other security may be required to ensure compliance with the conditions, modifications, and restrictions consistent with WCC 22.05.134 (Security mechanisms). ii. Fossil or renewable fuel refinery or fossil or renewable fuel transshipment facilities: The applicant shall provide insurance or other financial assurance acceptable to the prosecuting attorney consistent with WCC 22.05.125. (c) The hHearing eExaminer shall render a final decision within 14 calendar days following the conclusion of all testimony and hearings. Each final decision of the hHearing eExaminer shall be in writing and shall include findings and conclusions based on the record to support the decision. (d) No final decision of the hHearing eExaminer shall be subject to administrative or quasi-judicial review, except as provided herein. (e) The applicant, any person with standing, or any c.County department may appeal any final decision of the hHearing eExaminer to supeaio4-court; exceptas atherwisethe. a.pp! 2Jlbody specified in WCC 22.05.020 Table 1Tab{e-1�. 22.05.120 Recommendations and final decisions -Type IV agapIk-3tierasProcesses. (1) For Type IV a-ppl+cat4enr-processes per WCC 22.05.020 the hHearing eExaminer's recommendations to the eCounty eCouncil may be to grant, grant with conditions or deny an application. The hHearing eExaminer's recommendation may include conditions, modifications,, or restrictions as may be necessary to make the application compatible with its environment or; carry out the objectives and goals of the Comprehensive Plan, statutes, ordinances and regulations as well as other official policies and objectives of Whatcom County. (2) Each recommended decision of the hHearing eExaminer for an application identified as a Type IV -,„ e_n rocess per WCC 22.05.020 shall be in writing to the cClerk of the cCount c-Council and �p,��,��„-gyp g Y shall include findings and conclusions based upon the record to support the decision. Such findings and conclusions shall also set forth the manner in which the decision carries out and conforms to the cCounty's Comprehensive Plan and complies with the applicable statutes, ordinances or regulations. (3) The deliberation of the ECounty eCouncil on quasi-judicial actions shall be in accordance with WCC 22.05.090(4) and Chapter 42.36 RCW. (4) For planned unit developments_developrnen a^,reome_nts,, and major project permits the following shall apply: (a) The recommendation of the hHearing eExaminer regarding planned unit developments, development agreements, and major project permits shall be based upon the criteria set forth in WCC 20.85.335,.._2;1,1,,20,5, and 20.88.130, respectively. (b) The b�Hearing eExaminer shall file the recommendation with the Clerk of the Ceounty cCouncil within 21 calendar days following the conclusion of the open record hearing. 27 PLN 2024-00003 - Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 (c) The eCounty sCouncil shall conduct the following within the specified time frames, except as provided in subsection ( 4 c4(iii) of this subsection: I. Hold a p+hlic errclosed record 4 hearing; to deliberate on the project application within 28 calendar days after receiving the #Hearing eExaminer's recommendation. ii. Issue a final written decision within 21 calendar days of the closed record hearingpab4 4aaeek;;{;. iii. The eCounty eCouncil may exceed the time limits in subsection (4)(c)(i) or (4)(c)(ii) of this section if theirc-e�,G,4nc4l-meeting schedule does not accommodate a closed record hearing sa eet4,4g-within the above time -frames, or if they cqu_n -G c makes written findings that a specified amount of additional time is needed to process a specific application or project type, per RCW 36.70B.080(1). (5) The eCounty c-Council's final written decision may include conditions when the project is approved and shall state the findings of fact upon which the decision is based. (a) Securities may be required to ensure compliance with the conditions, modifications and restrictions consistent with WCC 22.05.134 (Security mechanisms). (b) Fossil or renewable fuel refinery or fossil or renewable fuel transshipment facilities: The applicant shall provide insurance or other financial assurance acceptable to the prosecuting attorney consistent with WCC 22.05.125. (6) Any deliberation or decision of the c,County c,Council shall be based solely upon consideration of the record established by the l Hearing e,[xaminer, the recommendations of the hHearing eExaminer, and the criteria set forth in applicable eCounty code, the eCounty Comprehensive Plan if applicable, and the Whatcom County Shoreline Management Program, including compliance with SEPA, Chapter 197-11 WAC (SEPA Rules) as adopted and modified in the c,County code, and the c-County's adopted SEPA policies. Commented [CE522]• Moved to 22.05.132, below. �r-expasrsor}-p+ojec srec;�ss�r�^-,:p;;+v.-a,-' ,.;�-'es-ac-a��ities>a�-use-per�+t-s�Naje+=F;�;emi-e,�eav eisk+t�:C-+l+iies ,oe+ o^� C��n, G z ,�'n �.,3-.154-fi�3as�l-a�,5ar3+�c-e-fex-the lie rr��1+1-es#��a C-eus�t�-slaa;l-!�e-rec-}�i+ev-Fay,�sc-h-e�[;a+as�,an-1�ej��c��, � ;.,erm;tEee+r�,t-desire'}skrate-boa#-rs#-Tiaanc-ial assuranc-e-(s�c?a--as-ts�,tfutad�, let-t�s-ai=c,;^v't, �.�,-� 'r ;,,....,once; fis�a�aeia!-tee�tr, Eazp�r-ate �ra�+a#ees;-�aym�;aeasr�ss-n?a+3ee-t?snd�}-s�#E+cier,'�t�,TslykviTli-�2+�..�^�pc,��+'�'y 4>�geir�nts met-fc--rtk�,t�e �r}d Eecleral k�+nr;-as�p�!;�',e, prlo�-te-perm-i-t-approval-by�4�k�,' fie+sty.deFrsinamaLer-�tl�e-ficaneiz�I-ass�ss�nee+:,-inTlae-f�;-r�-afdn�rance-{�elre-ies;-the-pekisi ��st is ,u a ace tatkaat of -fee - �he-sae+-r�ai�ee...nauytr�in�>ua-tkae��pr:.o�,<ed--Level�ffi+aar�iad--:��,�:r�r�ce-eowe-rz�ge-f©rr�e�r,�o�=�;pa+�led hses-evlulE e;yer�atiaig tk�e-permitted-faeddity-P,�_tbu^a=e�est-cif ttl�e-perf�itTee;-tit* 4Nkaatcarn-�eiu�ty dreisie,,-naa{;r.r._nany.a},.pteve_[a&,v of a.ltered-fomis-ef-finaneial..as"Urance...to-47;eet_tlie... reqrsirenaenfis'Df t4i.i.s_sectien -p4 oviolec'.,..thatt..t.he._tie, or ltered-for4i� is consisU'[A with t.ht..,eepe- and -intent..of..the original pe4n,4 cGnditien: 28 PLN 2024-00003 - Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 22.05.130 Permit review time frames erp rods. (1) The uCounty shall issue a notice of final decision for all permit types (other than for personal wireless service facirajest including procedures for administrative appeal and notice that affected property owners may request a change in valuation for property tax purposes, to the applicant, the Whatcom County assessor, and any person who requested notice or submitted substantive comments on the application, within 420-the number of calendar days listed in subsection a of the date the department determined the application complete, except as provided bef�vin subsections (a)` Permit tiii7e reuiew periods': i. Foi protect Hermits required to;undergo a Type I ptocess; 65 days; ii. For project permits renuircd toiunde�o a TVpe II process: 100 days; iii. Foi' project permits required to'undergo a Type ill process: 170 days. iv, lFor project oermits required to undergo a Type IV process: 170 days. (b) The following time periods shall be excluded from the calculation of the number of days elapsed: i. Anv, eriod between the dathat the Cocinty has notifiedifled the applicant , in wi iti . that additional iriformation is required to furtherplocess ihe_Iicatron and the day when responsive information is resubmitted by the applicant) ny-period dwing which the apiaticant hasbeen-required lay the -county to. coraeetplaai.s,..pe4,aria required...studies, ..o.r provide -additional, -required information...th,ro,ugh..a..notice-of additional-requiremen.ts.,.p.e.r. WCC...22.05:100{.3):-The period...sh.al.l..be calculated-frorai-the.. date.. thc-county issue -so notice of additional - requirements -until-tlae-date-the eounty...receives all..o.f..t.h.e..requested addti,anal irr€carrnation; ii. Any period during which an environmental impact statement is being prepared following -a determination -of signiflcaract pursuant to Chapter 43.21C RCW and WCC Title 16. This period starts when a determination of siitnificancelis issued and ends when a`final environmental impact st�:temeiit (FEIs) is issued; iii. The period after which an administrative 'appeal is filed CC 2.11.215i until itis resolved; and any additional tinge period provided by the administrative appeal'hd, ex ir> ed 5pecrf,�d-f9f c,ur11 inl5tri3tlk 2 2j:�C-'a15.,,F-Nr-C�CCz-pT,-n^"-„'c`�tt�F�R-r�ha-prn-,-2—�-�ni�� iv. The period specified for administrative variances from or appeals of development standards as provided in WCC Chapter 12.084; v. Any period in which the applicant has not met public notification requirements; vi`Any period of time mutually agreed upon in writing by the applicant and the ECounty. vkvii. Any period application review is suspended pursuant to WCC 22.05M2. (c) The time limits established by this section shall not apply to a project permit application that: i., is required to undergo a i'ype lerV process. 1--Steguir�sa+a-ameud�erit-to-tkee-White©iourtty-Esr�p+e#easfve 6�lan-er-ade-�el�l,�a}ent regu4aiiss:-ia�rdei-t2-ebta+a ap{3reval: 29 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders Eebruary 3 2025 ii. Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200. (d) d*^ "tee sop e T he time'periods of subsection {aa to process a permit shall start over if an applicant Submits'a revised plan that increasessimpaci to critical areas or neiPhboring properties proposes a change in use or removes commercial or residential elements;frorn the original application that would mike the application fail'to rneet the determination of �ocedural campl�teness as required by the Cowity and r RAW afi.70B! (e) Additionally, for shoreline permits and exemptions, and pursuant to WAC 173 27 125, the following special procedures apply to Washington State Department of Transportation (WSDOT) projects: i. Pursuant to RCW 47.01.485, the Legislature established a target of 90 days review time for local governments. ii. Pursuant to RCW 90.58.140, WSDOT projects that address significant public safety risks may begin twenty-one days after the date of filing if all components of the project will achieve no net loss of shoreline ecological functions. r i Commented [CES26]: Removed, as not allowed by 5290 (g� f)..___,_Eligible facility requests for personal wireless service facilities shall be subject to the following permit review time frames, tolling, and deemed granted provisions: i. An application for an eligible facilities request is reviewed by the county, who will approve the application within 60 days of the date an applicant submits an eligible facilities request application, unless it determines that the proposal does not qualify as an eligible facilities request under Chapter 20.13 WCC. ii. If the county determines that the applicant's request does not qualify as an eligible facilities request, the county shall deny the application within 60 days of the date an applicant submits an eligible facilities request application. The denial shall be in writing and supported by substantial evidence contained in the written record. If an eligible facilities request application is denied, a new application may be submitted under the appropriate personal wireless service facilities provisions of Chapter 20.13 WCC. iii. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the county and the applicant or in cases where the county determines that the application is incomplete. The time frame for review is not tolled by a moratorium on the review of applications. 30 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 iv. To toll the time frame for incompleteness, the county must provide written notice to the applicant within 30 days of receipt of the application, clearly and specifically delineating all missing documents or information required in the application. v. The time frame for review begins running again when the applicant makes a supplemental submission in response to the county's notice of incompleteness. vi. Following a supplemental submission, the county will notify the applicant within 10 days if the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notice of incompleteness may not specify missing documents or information that was not delineated in the original notice of incompleteness. vii. In the event the county fails to approve or deny an eligible facilities request within the time frame for review (accounting for any tolling), the request shall be deemed granted if required by federal law or federal regulation. The deemed grant does not become effective until the applicant notifies the county in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. The applicant shall provide a citation to the federal law or federal regulation that requires the deemed granted status. (ia)_(g)Small wireless facilities shall be subject to the following permit review time frames and tolling periods (collectively known as shot clock periods): i. Review of an application to collocate a small wireless facility using an existing structure: 60 days. ii. Review of an application to deploy a small wireless facility using a new structure: 90 days. iii. Unless a written agreement between the applicant and the county provides otherwise, the tolling period for an application is as set forth below. iv. For an initial application for small wireless facilities, if the county notifies the applicant on or before the tenth day after submission that the application is materially incomplete, and clearly and specifically identifies the missing documents or information and the specific rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation shall restart at zero on the date on which the applicant submits all the documents and information identified by the county to render the application complete. v. For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from the day after the date when the county notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the county's original request until the date when the applicant submits all the documents and information identified by the county to render the application complete. The notice pursuant to this section must be issued on or before the tenth day after the date when the applicant makes a supplemental submission in response to the county's written notification. 31 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 vi. The shot clock date for an application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified in this subsection (1)(e); provided, that if the date calculated in this manner is a federal, state, or local holiday, the shot clock date is the next business day after such date. The term "business day" means any day, except Saturday or Sunday, that is not a legal holiday. {il,(hl Macro wireless facilities shall be subject to the following permit review time frames and tolling periods (collectively known as shot clock periods): i. Review of an application to collocate a macro wireless facility using an existing structure: 90 days. ii. Review of an application to deploy a macro wireless facility using a new structure: 150 days. iii. Unless a written agreement between the applicant and the county provides otherwise, the tolling period for an application is as set forth below. iv. For an initial application for macro wireless facilities, the tolling period shall be the number of days from: The day after the date when the county notifies the applicant in writing that the application is materially incomplete and clearly and specifically identifies the missing documents or information that the applicant must submit to render the application complete and the specific rule or regulation creating this obligation until the date when the applicant submits all the documents and information identified by the county to render the application complete. The notice pursuant to this section must be issued on or before the thirtieth day after the date when the application was submitted to toll the review time frame. v. For resubmitted applications following a notice of deficiency, the tolling period shall be the number of days from the day after the date when the county notifies the applicant in writing that the applicant's supplemental submission was not sufficient to render the application complete and clearly and specifically identifies the missing documents or information that need to be submitted based on the county's original request until the date when the applicant submits all the documents and information identified by the county to render the application complete. The notice pursuant to this section must be issued on or before the tenth day after the date when the applicant makes a supplemental submission in response to the county's written notification. vi. The shot clock date for an application is determined by counting forward, beginning on the day after the date when the application was submitted, by the number of calendar days of the shot clock period identified in this subsection (1)(f); provided, that if the date calculated in this manner is a federal, state, or local holiday, the shot clock date is the next business day after such date. The term "business day" means any day, except Saturday or Sunday, that is not a legal holiday. (?}-{! �a{334s2 tbelied�4a-p+�jnetperfx t#1�2t® ka FflF-bstLd {�P -by1kE e�untyira1 Commented[CE527] Deleted, but now covered by t"y ^^n per® ®ev se eeras stint wdith th s-�ha�te tJ�e �pp� mat ar a� tea®r zcd fop eser ttv�e 22.05.80(d)(b) 32 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 may rust a at+ng w t� i4�c-d- rec c e Ts r "e itk ?4 cafe ��4ar �e et vote state a s� 'moo^ is or - k-34 2L_Any final order, permit decision, or determination issued by Whatcom County shall include a notice to the applicant of his or her appeal rights per WCC 22.05.160 (Appeals). (4}f_3j_ The provisions of this section notwithstanding, the failure to issue a final decision within the time frames specified shall not be considered an implicit approval or denial of the development permit, nor shall it be reason in and of itself for the c-County to be liable for damages for failure to meet the specified time frames. (a) Exception. Eligible facility requests for personal wireless service facilities shall be governed by WCC 22.05.130(1)(d). . 05 132 Proof of Insurance for Hazards Created in the County. ;Commented (CE528] shown asundedined;asthis was 1 For ex ansion ro ects ie uinn. royal unde a conditional use ermit or ma o io ect , ermit at `movedfrom2205125,above No text changes = PP. .._ ..... .. ... p ........ _.l -__.L? 1 __. P _ _ ._ ...._ ..... -...... new_oi, existing facilities per WCC 20.68.153 or 20,68.154, financial assurance for the benefit, of Whatcom County shall be re uired. For such ex ansion Drgiects a permittee must demonstrate oof of financial assurance such as trust fu n ids letters of credit ins_urance self insurance financial tests,, corporate guarantees, pa.yq�ent, bonds,. of pei Poi mnnce bonds)_sufficient to comply With fin .ancial responsibility i eguire_ments set foi.th.in state and federal law.as applicable,.prioi to permit approval by a Whatcom County decision maker. If the financial assurance is in the form of insurance policies, the policies must name Whatcom County as an additional insured and provide \Nhatcom County with a certificate of insurance to that effect. (2) The permittee must maintain the approved level of financial assurance coverage for new or expanded uses while operating, the permitted facilify. At the request of the permittee, the Whatcom County decision maker may approve new or altered forms of financial assurance to meet the _ requirements of this sectiorv,_p vided that the new or altered form is consistent with the scope and intent of the original permit condition, 22.OS.134 Security mechanisms. (1) This section is applicable to securities required by planning and development services and the codes over which it has jurisdiction; those required by public works are governed by the Whatcom County development standards. (2) In approving any permit application, the decision maker may require the posting of financial securities, in a form acceptable to the E-County's attorney, to ensure compliance with any code requirements or conditions imposed, including but not limited to the construction of improvements, environmental mitigation or improvements, installation of landscaping, the adherence to eCounty standards, and/or maintenance, repair, or replacement of such improvements. 33 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders Eebruary 3, 2025 (3) The ®County may accept any of the following: bonds, letters of credit from an insured bank, a secured account with an insured bank, or a cash deposit. Other forms of security may be accepted if approved by the eCounty's attorney. (4) Performance Securities. (a) Except as provided in subsection (4)(c) of this section: i. A performance security shall be provided to guarantee that a site can be closed and/or winterized if necessary, or that measures can be taken by the ECounty to respond to weather -related emergencies. ii. In lieu of installing improvements or a condition of a permit, an applicant may propose to post a security to ensure completion of any improvements for which construction plans have been approved. Said improvements shall be installed within one year of final project permit approval. An extension not to exceed one year may be approved upon extension of the security or submission of a new one. iii. A performance security may be required to cover the cost of installing any system -wide improvements that an applicant has agreed to install as part of his project where the lack of installation would cause the system to fail or not be completed in a timely manner. iv. Performance securities are also required for certain improvements that the cCounty may want removed after a certain time or after the improvement is no longer used (e.g., telecommunications towers, wind turbines, etc.). (b) Performance securities may be presented to the E_County after preliminary approval of a project but in all circumstances shall be presented prior to any site work, including clearing, grading, or construction. (c) Submission of a performance security may be waived by the dDirector if, in his opinion, said guarantee of installation is not necessary. (5) Maintenance Securities. An applicant shall provide to the c.County a maintenance security to cover the cost of replacing or repairing any of the improvements installed per the Whatcom County Code or a condition of a permit. (6) Amount of the Security. (a) The amount of a security shall be a percentage, as specified below, of the estimated cost of design, materials, and labor, based on the estimated costs on the last day covered by the device, of installing, replacing, or repairing (whichever is appropriate) the improvements covered by the security. i. Performance — 125 percent of the costs specified in subsection (6)(a) of this section. ii. Maintenance — 20 percent of the costs specified in subsection (6)(a) of this section. (b) The dDirector shall approve the amount of a security under subsection (6)(a) of this section. The applicant shall prepare for his review and approval a certified cost estimate of the items to be covered by the security. (7) Reduction of Securities. In those cases where securities have been made, and only with the dDirector's approval, the amount of the security may be reduced upon acceptance of a portion of the required improvements. The amount of the reduction shall not exceed the percentage that the 34 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 accepted improvements made up of all originally required improvements. In no case, however, shall the security be reduced to less than 25 percent of the original amount. (8) Duration of Securities. All securities shall be held until released by the dDirector; however, the standard duration of the various securities should be as follows: (a) Performance — One year or until all improvements are installed and accepted by the cCounty, whichever is greater. (b) Maintenance —Two years; extendable by the cCounty if repairs are made at the end of the security period which, in the opinion of the dDirector, require additional guarantee of workmanship. (9) Security Agreement. In each case where a security is posted, the applicant and the dDirector shall sign a notarized security agreement, approved in form by the cCounty attorney. This agreement shall be recorded with the Whatcom County auditor. The agreement shall provide the following information: (a) A description of the work or improvements covered by the security. (b) Either the period of time covered by the maintenance security or the date after which the cCounty will use the proceeds of the performance security to complete the required work or improvements. (c) The amount and nature of the security and the amount of the cash deposit. (d) The rights and duties of the Ccounty and the applicant. (e) An irrevocable license to run with the property to allow the employees, agents, or contractors of the cCounty to go on the subject property for the purpose of inspecting and, if necessary, doing the work or making the improvements covered by the security. (f) The mechanism by and circumstances under which the security shall be released. At a minimum, after the work or improvements covered by a performance security have been completed, or at the end of the time covered by a maintenance security, the applicant may request the cCounty to release the security. If the applicant has complied with the security agreement and this code, the dDirector shall release the security remaining. If the work has not been completed or repairs not made, then the cCounty shall not release the security until such work is completed per subsection (11) of this section (Use of Security Funds by the County). Partial release of the security may be allowed; provided, that the developer provides a new security in the amount specified in subsection (6) of this section (Amount of the Security) for the remaining work. (g) Upon release of any recorded security mechanism a copy of the letter of release shall be filed with the Whatcom County auditor. (10)Supplemental Administrative Costs. In addition to the security, the applicant shall pay a fee to the cCounty covering the cCounty's actual expenses of administering, and, if necessary, using the proceeds of the security. The amount of this fee will be set by the cCounty cCouncil in the Unified Fee Schedule. (11)Use of Security Funds by the County. (a) If during the period of time covered by a maintenance security, or after the date by which the required work or improvements are to be completed under a performance security, the 35 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 dDirector determines that the security agreement has not been complied with, he shall notify the applicant of this. The notice must state: i. The work that must be done or the improvements that must be made to comply with the security agreement; and ii. The amount of time, not to exceed 30 days, that the applicant has to commence and complete the required work or improvements; and iii. That, if the work or improvements are not commenced and completed within the time specified, the ECounty will use the proceeds of the security to have the required work or improvements completed. (b) If the work or improvements covered by the security are not completed within the time specified in the notice, the eCounty shall obtain the proceeds of the security and shall cause such work to be completed. (c) The applicant is responsible for all costs incurred by the eCounty in administering, maintaining, or making the improvements covered by the security(s). The c.County shall release or refund any proceeds of a performance or maintenance security remaining after subtracting all costs for doing the work or making the improvements covered by the security. The applicant shall reimburse the eCounty for any amount expended by the c,County that exceeds the proceeds of the security. The eCounty may file a lien against the subject property for the amount of any excess. (d) In each case where the eCounty uses any of the funds of a security, it shall give the applicant an itemized statement of all funds used. (Ord. 2023-018 § 1 (Exh. A)). 22.05.140 Expiration of project permits. (1) This section shall apply to non -shoreline project permits and shoreline statements of exemption. Expiration of shoreline permits shall be subject to the rules of WCC 22.07.080 (Expiration of Shoreline Permits). (2) Project permit approval status shall expire two years from the date of approval except where a different duration of approval is authorized by Whatcom County Code, or is established by a court decision or state law, or executed by a development agreement. The decision maker may extend this period up to one year from the date of original expiration upon written request by the applicant. (3) Any complete project permit application for which no information has been submitted in response to the department's notice of additional requirements per WCC 22.OS.100(3) shall expire at the end of the time limit established in 22.05.100(3). (4) For projects that have received a SEPA determination of significance per Chapter 16.08 WCC, all underlying project permit applications shall expire when one of the following occurs: (a) The applicant has not in good faith maintained a contract with a person or firm to complete the environmental impact statement (EIS) as specified in the scoping document. The applicant is responsible for informing the eCounty of the status of such contract. If there is no notice given to the eCounty, all underlying project permit applications shall expire upon the end date of the contract; or 36 PUN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 0025 (b) The mutually agreed time frame to complete the draft EIS or final EIS has lapsed. (5) Project permits which received preliminary approval or a final decision prior to February 22, 2009, that did not include an expiration time frame in the conditions of approval shall expire on June 16, 2020. 22.05.150 Permit revocation. (1) Upon notification by the dDirector that a substantial violation of the terms and conditions of any previously granted zoning conditional use, shoreline substantial development,, or shoreline conditional use permit exists, the hHearing eExaminer shall issue a summons as per WCC 2.11.220 to the permit holder requiring said permit holder to appear and show cause why revocation of the permit should not be ordered. Failure of the permit holder to respond may be deemed good cause for revocation. (2) Upon issuance of a summons as set forth in subsection (1) of this section, the hHearing eExaminer shall schedule an open record hearing to review the alleged violations. The summons shall include notice of the hearing and shall be sent to the permit holder and the dDirector of pPlanning and dDevelopment sServices no less than 12 calendar days prior to the date of the hearing. At the hearing the iaHearing eExaminer shall receive evidence of the alleged violations and the responses of the permit holder, as per the business rules of the hHearing eExaminer's office. Testimony shall be limited to that of the division and the permit holder except where additional evidence would be of substantial value in determining if revocation should be ordered. The land use division's evidence may include the testimony of witnesses. (3) Upon a showing of violation by a preponderance of the evidence as alleged, the hHearing eExaminer may revoke the permit or allow the permit holder a reasonable period of time to cure the violation. If the violation is not cured within the time set by the hHearing eExaminer, the permit shall be revoked. Where a time to cure the violation has been set out, no further hearing shall be necessary prior to the revocation. The permit holder shall have the burden of proving that the violation has been cured within the time limit previously set. Such evidence as is necessary to demonstrate that the violation has been cured may be submitted to the hHearing eExaminer by either the permit holder or the dDirector of pElanning and dDevelopment sServices. Any revocation shall be accompanied by written findings of fact and conclusions of law. The permit holder shall be notified of any revocation within 14 calendar days of the revocation. 22.05.160 Appeals. (1) Any person with standing may appeal any order, final permit decision, or final administrative determination made by the dDirector e de egn e in the administration or enforcement of any chapter to the 11hearing eExaminer, who has the authority to hear and decide such appeals per WCC 2.11.210. Appeals relating to personal wireless service facilities are filed with a court of competent jurisdiction rather than the liHearing eExaminer. (a) To be valid, an appeal to the hHearing eExaminer shall be filed, on a form provided by the department, with the department within 14 calendar days of the issuance of a final permit decision and shall be accompanied by a fee as specified in the Unified Fee Schedule. The written appeal shall include: 37 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 i. The action or decision being appealed and the date it was issued; ii. Facts demonstrating that the person is adversely affected by the decision; iii. A statement identifying each alleged error and the manner in which the decision fails to satisfy the applicable decision criteria; iv. The specific relief requested; and v. Any other information reasonably necessary to make a decision on the appeal. (b) The };Hearing eExaminer shall schedule an open record public hearing on the appeal to be held within 60 calendar days following the department's receipt of the application for appeal unless otherwise agreed upon by the eCounty and the appellant. (c) A party who fails to appeal within 14 calendar days is barred from appeal, per Chapter 2.11 WCC. (d) The business rules of the hHearing eExaminer shall govern appeal procedures. The hHearing eExaminer shall have the authority granted in the business rules, and that authority is incorporated herein by reference. See also WCC 2.11.220. (2) For non -shoreline permits, -any person with standing, or any oCounty department may appeal any final decision of the 4Hearing eExaminer to superior court or other body as specified by WCC 22.05.020. The appellant shall file a written notice of appeal within 21 calendar days of the final decision of the hHearing eExaminer, as provided in RCW 36.70C.040. (3) For shoreline permits, after the issuance of the appeal determination, a party with standing may appeal to the Shorelines Hearings Board a decision on a shoreline substantial development permit, shoreline variance, or shoreline conditional use pursuant to RCW 90.58.180 within 21 days of the "date of filing" as defined in Title 23 (Shoreline Management Program) and RCW 90.58.140(6). The appeal to the Shorelines Hearing Board shall be filed in accordance with the provisions of Chapter 461-08C WAC. Appeals of a decision of the Department of Ecology shall be filed in accordance with the provisions of Chapter 461-08C WAC. 22.05.170 Annual report. Staff shall prepare an annual report on the implementation of this chapter and submit it to the council. 22.05.180 Interpretation, conflict and severability. (1) Interpret to Protect Public Welfare. In the event of any discrepancies between the requirements established herein and those contained in any other applicable regulation, code or program, the regulations which are more protective of the public health, safety, environment and welfare shall apply. (2) Severability. The provisions of this chapter are severable. If a section, sentence, clause, or phrase of this title is adjudged by a court of competent jurisdiction to be invalid, the decision shall not affect the remaining portions of this chapter. 38 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 TITLE 22 LAND USE AND DEVELOPMENT Chapter 22.25 Land Use and Development Fees 22.25.010 Purpose and applicability. (1) The purpose of this chapter is to establish the authority for collecting fees for various land use and development review services, as well as provisions for reductions and refunds of those fees. (2) The provisions of this chapter shall apply to fees charged for procedures contained in the following titles of the WCC: (a) WCC Title 15, Buildings and Construction; (b) WCC Title 16, Environment; (c) WCC Title 17, Flood Damage Prevention; (d) WCC Title 20, Zoning; (e) WCC Title 21, Land Division Regulations; (f) WCC Title 22, Land Use and Development-Rasse4:,iu4�e-s; and (g) WCC Title 23, Shoreline Management Program. 22.25.020 Application fees and other fees. Fees for project permit applications, legislative amendments, land use and development code interpretations, and other approvals and reviews as set forth in this title shall be as provided in the Unified Fee Schedule. 22.25.030 Reduced application fees. When any given project requires more than one of the following permits or applications, the total amount of fees shall be reduced by 25 percent of the required aggregate permit and application fees; provided any fees required for processing of an EIS shall not be included as part of the total amount of fees to be reduced by 25 percent: (1) Subdivision plat application; (2) Rezone application; (3) Shoreline substantial development permit, variance or conditional use; (4) Major development permit; (5) Conditional use permit; (6) Variance; (7) Planned unit development. 22.25.040 Refund of application fees. Refunds of application fees for project permits and for amendments to the Whatcom County Comprehensive Plan, development regulations and official maps shall be computed based on the following, unless otherwise indicated in the Whatcom County Code. All refund requests shall be submitted in writing to the department of planning and development services Director. The date of application for a refund request shall be the date the written refund request is received by the 39 PLN 2024-00003 — Exhibit A: Proposed Amendments to Implement SB 5290 (Local Permit Review) As discussed with Stakeholders February 3, 2025 department. For the purpose of computing elapsed calendar days, the day after the date of application or deadline date as appropriate shall be counted as day one. (1) Refund of -Ffees for Project Permits. ja_Withdrawn Applications. i. Applications withdrawn on or before the fou4ee,-^^ t-h-141" calendar day after the date of application shall be eligible for a refund of 90%-percent of all application fees including any SEPA fees. ii. Applications withdrawn after the period set forth in subsection (1)(a) of this section but on or before the tieth-30"' calendar day after the date of application shall be eligible for a ;'Commented [CES29]: Revising fee dare as most projects refund of 50%-perce,4t of all application fees except for any SEPA fees which shall not be i;will be approved well before the 90'" day. eligible for a refund. iii. Applications withdrawn after the wsno4ei-h-30'' calendar day after the date of application shall not be eligible for a refund. (b) iJo>ri�st add -tom wUf ; ui{ u f , 4 r fi aw;pe eppFsve t?�ai lacy k + stt ,'—pted hci t (c) l I,e da+eetor-r ay-:uhr�s zt a fW re#u d-fl€aw�-pw©ject-rrnkt apt ct�sa-}mid-ita-eor:', Commented [CES30]: Moved below. (2) Refund of Ffees for Aamendments to the Whatcom County Comprehensive Plan, D,d,evelopment ........ ....... ..........- .............., Rregulations, and OPfficial MM.aps. (a) The docketing fee shall be nonrefundable. (b) The amendment application fee may be refunded, if the application is withdrawn, as follows: i. If the application has been docketed, but review of the application has not commenced, 100%pereent of the application fee may be refunded. ii. If the application has been docketed and review of the application has commenced, but the staff report has not been issued, 75%.peFeen-t of the application fee may be refunded. iii. If the application has been docketed and a staff report has been issued, but a planning commission hearing has not been held, 50% percent of the application fee may refunded. iv. If the application has been docketed and the planning commission has held a public hearing, then the application fee may not be refunded. (c) The SEPA checklist fee may be refunded if the application is withdrawn and SEPA review has not commenced. (d) The legal notice fee may be refunded if the application is withdrawn and legal notice has not been published. (3 The Dirertoi may author ize a full refund of any_oeet o� e m t implication fee acid in error. f� Notwithstandura the above no fees shall be refunded for any per mitor approval that hasbeen issll ed o r?County bathe olinty.: � -' Commented [CES31]: Moved from (1)(b) & (c), above. 40