Washington Administrative Code › Title 365 - Commerce, Department of (Community Development) › Chapter 365-197 - Project consistency › Section 365-197-070 - Appeals of consistency

Current through Register Vol. 24-14, July 15, 2024
(1)
					When and how appeals of consistency may fit into a GMA county's/city's appeal
					process depends upon the individual jurisdiction's project review and appeals
					process. Nothing in this section requires documentation or dictates a GMA
					county's/city's procedures for considering consistency.
(2) Fundamental land use planning decisions
					made in comprehensive plans and development regulations should not be revisited
					at the project level. During project review, the local government or any
					subsequent reviewing body shall not reexamine alternatives to or hear appeals
					on the planning decisions specified in subsection (3)(a) through (c) of this
					section, except for issues of code interpretation. The planning decisions in
					subsection (3)(a) through (c) of this section are a subset of the four basic
					categories of criteria for analyzing project consistency under WAC
					365-197-050(1)(a) through
					(d). The planning decisions in subsection
					(3)(a) through (c) of this section are identified in
					RCW
					 36.70B.030(2) as decisions
					that are determinative and cannot be reexamined at the project level if they
					have been addressed in the development regulations and/or comprehensive plan.
					As project review includes environmental review, the local government or
					subsequent reviewing body shall not reexamine or hear appeals on how the
					environmental impacts of those planning decisions in subsection (3)(a) through
					(c) of this section were addressed under
					chapter
					43.21C RCW. However, if
					environmental information is required to analyze project consistency under
					subsection (3)(a) through (c) of this section and that information is not
					available, the decision may still be challenged under SEPA.
(3) During project review, a GMA county/city
					or any subsequent reviewing body shall determine whether the items listed in
					(a) through (c) of this subsection are defined in the development regulations
					applicable to the proposed project or, in the absence of applicable
					regulations, the adopted comprehensive plan under
					chapter
					36.70A RCW. At a minimum,
					such applicable regulations or plans shall be determinative of the:
(a) Type of land use permitted at the site,
					including uses that may be allowed under certain circumstances, such as planned
					unit developments and conditional and special uses, if the criteria for their
					approval have been satisfied;
(b)
					Density of residential development in urban growth areas, including densities
					that may be allowed under certain circumstances, such as planned unit
					developments and density bonuses;
(c) Availability and adequacy of public
					facilities:
(i) That are needed to serve the
					proposed development;
(ii) That are
					identified in the comprehensive plan; and
(iii) For which the plan or development
					regulations identify the probable sources of funding, as required by
					chapter
					36.70A RCW.