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The Docket · Government Meeting · DKT-2026-003799

On the agenda: West Richland meeting — data center (Oct 1)

Past  ⚠ Agenda Watch  West Richland, Washington · Thursday, October 1, 2026 — 1 week ago

About this record

The published agenda for the October 1, 2026 meeting contains: "data center", "AI data center", "Data center". The meeting has passed. The agenda stays here as a permanent public record.

WhenThursday, October 1, 2026
Check the agenda document for the meeting time.
WhereWest Richland, Washington
Money$150.00 was at stake
On the record“data center”“AI data center”“Data center”

The agenda — from the public record

Government public record — the text of the published document (large document; partial archive — read the original for the complete record), archived October 7, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

169 pages · scroll to read
Page 1 of 169

1.

6:00 P.M. Special Planning Commission Meeting
West Richland Planning Commission is inviting you to a scheduled Zoom meeting.
Time: Oct 1, 2026 06:00 PM Pacific Time (US and Canada)
Join Zoom Meeting
Meeting ID: 898 5080 4847
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Documents:
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Page 2 of 169

Agenda
Special Planning Commission
City Council Chambers – City Hall / Municipal Services Facility
3100 Belmont Blvd, West Richland, Wash.
Thursday, October 1, 2026 – 6:00 p.m.
Notice to the public: This meeting will be an in-person meeting with a remote viewing option available via Zoom. If you want to provide
public comments on any of the agenda items, please submit them in writing to [email protected] by 3:00 p.m. the day of the
meeting. Thursday October 1st, 2026, to be read during the meeting. The Zoom meeting information is available on the city website
or can be obtained by emailing [email protected].

1. Call to order.
2. Attendance.
3. Approval of the agenda.
4. Approval of the minutes: September 10th, 2026
5. Old business:
a. Public Hearing to consider Case File No. TXT-0008-2026 Zoning code amendment to lower the minimum
parking requirement for newly developed multifamily dwellings (apartments & condominiums)-Action
b. Discussion and recommendation on Comprehensive Plan Periodic Update Environment, Housing, & Land
Use Elements.
6. New business:
a. Discussion on: Comprehensive Plan Update-Implementation Code Updates
b. Discussion on: Critical Areas Ordinance Update
c. ORD_-26 Amending Chapter 1.24 Code Enforcement, Amending WRMC Section 8.16.120 Enforcement
Authority Adding WRMC Section 14.54.460 Violation; Penalties. -Action
7. Announcements: TBD.
8. Public Comment – for items not on the agenda.
9. Adjournment.
Upcoming Meetings and Events: November 10, 2026, regular Planning Commission meeting

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City Of West Richland
Planning Commission Meeting Minutes
September 10, 2026
*Meeting was held in person and available by zoom
1. Call to order/ attendance Vice Chair, M. Peterson called the meeting to order at 6:01 p.m.
Members Present:
Michael Peterson, Vice Chair
Chad Utecht, Commissioner
Braden Sloughter, Commissioner
Nancy Aldrich, Commissioner

Members Absent:
Dan O’Neill, Chair
Jared Retter, Commissioner

Staff Present:
Eric Mendenhall, Comm Dev. Director
Colin Cortes, Planner
Jessica Avelar, Staff Recorder

Staff Absent:

N. Aldrich and Commissioner made a motion to excuse Chair, D. O’Neill and
Commissioner J. Retter. Commissioner C. Utecht second the motion and it passed
unanimously.
2. Approval of the Agenda:
Commissioner C. Utecht moved to approve the agenda, Commissioner B. Sloughter,
seconded the motion, and it carried unanimously.
3. Approval of the Minutes:
Commissioner B. Sloughter moved to approve August 13, 2026, Commissioner C. Utecht
seconded the motion, and it carried unanimously.
4. Old Business: None
5. New Business:
A. Public Hearing to consider Case File No: TXT-0005-2026 Zoning code
amendment to establish gas station development standards with focus on
corner lots.
Planner C. Cortes gave the presentation on TXT-0005-2026 Zoning code
amendment to establish gas station development standard with the focus
on corer lots.
Bill Barlow, a member of the Citizen Advisory Network for Benton Framklin
Transit recommends coordinating with BFT when evaluating bus-stop

Page 4 of 169

placement near corner near corner gas stations. These sites often have
wide, busy driveways, Bill suggests reviewing each location to ensure
pedestrians, especially wheelchair users, can safely board and exit buses
and reach nearby crosswalks.
Planner C. Cortes confirms that if we ever receive an application for a new
corner gas station, then we would notify the agency and allow that agency to
have input.
Commissioner N. Aldrich had questions and asked for clarification.
Planner C. Cortes and Director E. Mendenhall answered her questions.
Vice Chair, M. Peterson, closed the public hearing.
Commissioner C. Utecht moved to recommend that staff draft an ordinance
amending the West Richland Municipal Code Title 17 & 19 to establish
pedestrian-friendly gas station development standards with the focus on
corner lots with an exemption to existing gas stations. Commissioner B.
Sloughter second the motion and it passed unanimously.
B. Public Hearing to consider Case File No: TXT-0008-2026 Zoning code
amendment to lower the minimum parking requirement for newly developed
multifamily dwellings (apartments & condominiums)
Vice Chair, Peterson, opened the public hearing
Planner C. Cortes gave the presentation on Case File No: TXT-0008-2026
Zoning code amendment to lower the minimum parking requirement for
newly developed multifamily dwellings (apartments & condominiums)
Vice Chair, M. Peterson, closed the Public Hearing.
Commissioner N. Aldrich requested that TXT-0008-2026 be brought back
with a change in the 1.5 spaces minimum for 2 or more bedrooms.
Commissioner C. Utecht second the motion and it passed unanimously.
C. Discussion and recommendation on Comprehensive Plan Periodic Update
Environment, Housing, & Land Use Elements.
Planner C. Cortes led the discussion on Comprehensive Plan Periodic
Update Environment, Housing, and Land Use Elements.
Commissioner N. Aldrich wanted all her corrections and comments on item
C on record for the City Council.

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Commissioner N. Aldrich would like the rest of the commission to look at
her comments and respond back to Community Development Director E.
Mendenhall if they agree or disagree.
The Commissioners agreed to review comments by Nancy and the public.
She asked that the commissioners send their comments over the weekend
to CD Director E. Mendenhall.

6. Announcements, Reports and Comments: None
7. Upcoming Meetings and Events:
October 1st, 2026
8. Public Comments: For items not on the agenda:
David Blumenfranz, I live at 2301 Diamond Head Way West Richland. He is opposed
to the proposed project because of its potential aesthetic and environmental
impacts, strain on city utilities and water resources, and possible noise and heat.
He believes it would negatively change West Richland’s small-town character and
does not fit the community’s lifestyle or identity.
Jodi Stark 1902 Silverston Ct West Richland strongly opposes the proposed data
center and questions whether a backdoor deal has already resulted in the property
being purchased by the person planning to develop it. She also stated that our
community does not need this and our water can’t handle it.
Kathleen Kersey 3501 E Lattin Rd West Richland urges the city to prioritize input and
protect West Richland’s limited water and infrastructure resources. She believes
future growth should focus on serving existing residents rather than allowing data
centers that could please additional stain on the community. She also emphasized
preserving the city’s land, water, and neighborhood character for the future.
Kerri McKillop 422 Epic St Richland 99352 Although she lives in West Richland, she
is very close to Badger Mountain and what happens in West Richland will affect our
community. She attended several City of Richland Council meetings, and she
strongly believes it’s time for a moratorium so the impacts can be studied carefully.
This is a huge decision affecting an entire community, and she is concerned about
the idea of putting that responsibility in the hands of one person. She urges us to
consider a moratorium.
Angela Wood 4961 Chucker Dr. She visited about 12 wineries on Red Mountain and
spoke with owners and winemakers about their concerns over how a data center
could affect the vineyards, crops, and environment. She is also thinking about her
own children and the young families in the community. This is about protecting our
agriculture, our environment, and the safety and future of our community.

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Amy Bierke 105505 N Harrington Rd West Richland has lived on North Harrington Rd
for 20 years and values the river, wildlife, and natural areas that make West Richland
special. We are concerned about the data center’s potential impacts on water use,
heat, light pollution, and wildlife habitat. She chose to live here for the quality of life
and community, and she wants to protect the environment we all value.
Jonathan Tollman, he didn’t want to state his address for security reasons. After
right years of experience dealing with data centers, he is deeply concerned about
the security environmental, infrastructure, noise, water, and property-tax impacts
they can bring. These facilities operate 24/7 and can be difficult to remove once
approved. He urges the community to carefully and independently examine all
potential impacts and agreements before moving forward.
Kristen is a Pasco resident. Although she lives in Pasco, we are all part of the same
community, and decisions about large data centers affect everyone. The public
deserves transparency, meaningful involvement, and accountability in decisions
that could significantly change our communities. She urges officials not to rush the
process or reduce the role of elected decisionmakers, but instead to carefully
consider the concerns of residents before moving forward.
Dale Wilson 3011 Chicory Drive West Richland. She urges the commissioners to
carefully reconsider TXT-0006-2026. Allowing a single hearing examiner to make
decisions on major developments without direct public accountability could
undermine community trust. Please consider the importance of keeping residents
and elected officials meaningfully involved in these decisions.
Janice Smearmav is 81 years old, and having lived in Tri-Cities since 1979, she cares
deeply about this community and its water resources. I am concerned about the
water demands and costs associated with a data center, especially when our
community already faces water-quality and supply concerns. There are still many
unanswered questions about water use, monitoring, and impacts on the Columbia
River. She urges out elected officials to listen to residents and carefully consider
these concerns before moving forward.
Alisa Huckaby 4302 Winners Circle. She urges the city to oppose the proposal Land
Division and Hearing Examiner amendment. Changes that could reduce public
involvement in major land-use decisions deserve careful consideration. There is no
need to rush this change without clearly explaining what authority would shift to
hearing examiner and how public participation could be affected.
Kathy Rehak 6637 Desertview Dr West Richland. She is a longtime city resident,
Kathy expressed disappointment with current conditions and concerns about water
quality and the potential impacts of a nearby date center. She raised concerns
about the noise and the effects on their family and children and urged the Planning
Commission to listen to residents’ concerns.

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Michelle Giangranda 6757 Nelson St West Richland. A longtime resident since 1979,
reflected on the community’s growth and expressed opposition to a proposed data
center. She raised concerns about limited employment opportunities, increased
noise and lighting, and potential impacts on water and electricity supplies.
Andy Johnson, a Pasco resident, expressed concerns about rushing to approve data
centers given rapidly changing technology. He questioned what would happen to
these facilities when they become obsolete or are shut down and who would be
responsible for their future impacts. He urged officials to consider the long-term
consequences for the community and future generations.
Zane Evosevich 67705 N Lob Lane West Richland. He urged the Planning
Commission to consider West Richland’s vision of being a family oriented and
community-responsive city when making decisions about data centers. Zane
shared that him and his wife purchased their home as their forever home but are
now concerned that a nearby data center could negatively affect their quality of life
and may cause them to leave the community.
Raven Butler 3522 Lexington Way West Richland. She is a lifelong West Richland
resident and mother of two. Raven expressed concerns that a proposed date center
could affect the community’s air, water, electricity, wildlife, and night sky. She
emphasized that she chose her home with her children’s quality of life in mind and
stated that preserving the community’s natural resources and environment is more
important to her than potential financial benefits.
Elizabeth Jones 1703 Bombing Range Rd. She stated that previous approvals were
wrong and urged officials to reconsider any future approvals, emphasizing that such
decisions may not be in the best interest of the community.
Susan Ricciardi 4694 Roark Dr Richalnd. She is a longtime West Richland resident
whose grandparents settled in the area in the 1940s expressed support for gathering
more information about the proposed data center. She emphasized the need for
greater public involvement and transparency, including understanding who is
behind the project, and supported giving residents and opportunity to vote.
Amanda Flores a Kennewick resident, expressed concerns about the proposed data
center’s potential impact on the Yakima River, water resources, and the
environment. She emphasized the importance of consulting local Tribal
communities and respecting Indigenous history and perspectives in the decisionmaking process. Amanda also raised concerns about the public comment time and
equal treatment of speakers.
Elizabeth Emmens 94008 Northstar West Richland. She requested that large-load
data centers be classified as conditional uses rather than permitted uses, allowing
each project to receive individual review. Elizabeth also recommended establishing
performance standards addressing water, power, wastewater, noise, emissions,

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lighting, emergency response, infrastructure, environmental protection,
decommissioning, and reporting.
Ryan, a county resident, expressed strong opposition to large-scale development
and data centers, citing concerns about wildlife habitat, threatened species, noise,
traffic, light pollution, and permanent environmental impacts. He also questioned
whether public comments are meaningfully considered in development decisions
and urged officials to prioritize residents and the community.
Jerry Boggs 1802 Maplewood Ave West Richland requested that the Planning
Commission take no action on TXT-0006-2026 until it is placed on a clearly
identified agenda and the public has an opportunity to review and comment. He
asked for clarification on the amendment’s current status, when it will be scheduled
for a public hearing, and which provisions are required by state law or the
Comprehensive Plan versus those are discretionary.
Amy House, a West Richland resident, said she became concerned about the data
centers after researching their potential community impacts with a middle school
student. She questioned why a date center would be considered beneficial to West
Richland and asked for local officials to explain how such a project would benefit
residents.
Aaron Hill 2004 South Highlands Blvd West Richland. He stated he is a newer West
Richland resident who moved to the area in 2016, said he has grown to appreciate
the community’s beauty and quality of life. Aaron expressed opposition to TXT-00062026 and raised concerns about potential impacts on housing, the environment,
water resources, and future generations.
Lisa Baldridge 5965 Kona Drive West Richland. She noted concerns about Kona
Drive being used for overflow parking, given its importance for emergency vehicles,
school buses, and snow removal. Regarding data centers, she questioned the
claimed benefits of increased employment and tax revenue, noting that most jobs
would be during construction and that tax incentives could reduce potential
revenue. They stated they did not see clear benefits to the community.
Debra Lentz 5185 Monica St West Richland. She asked the Planning Commission to
consider lessons learned from data center development in Boardman. Oregon,
particularly regarding reported environmental and health concerns. She also
expressed concern about concentrating decision-making authority in one person
and urged the Commission to keep public involved in the process.
Bridget Hoaglin, a Richland resident, stated her opposition to data centers being
developed anywhere in the Tri-Cities and expressed agreement with the concerns
raised by other speakers.
Christine Bays, a 23-year-old West Richland resident, expressed concerns about the
potential long-term impacts of data centers and compared the situation to the

Page 9 of 169

lasting effects of the Hanford cleanup. Shed urged officials to learn from history,
conduct thorough research, and demonstrate to younger residents that their
concerns are being heard and considered.
Tony Carr 3842 Curtis Drive West Richland. He urged residents to attend the
upcoming City Council meeting and expressed support for a moratorium on data
centers. Tony also supported delaying action on TXT-0006-2026 until the public has
clear information about proposed changes to the hearing process, public
participation appeals, and which provisions are required by state law versus local
policy.
Aaron Larson lives on the other side of the hill in West Richland. He is a local phone
company employee, stated that data centers do not require water based on his
experience and requested that this issue be investigated. Aaron also expressed
concern that outside contractors may be used for construction and questioned
whether data cents would provide meaningful local job growth.
Christine Barclay, a Pasco resident whose family has lived in the area for 140 years,
spoke about her long-standing connection to the community and her professional
experience in managing development projects. She clarified that she is not opposed
to technology but expressed concerns about artificial intelligence, supercomputing,
and large-scale data centers, urging officials to carefully consider their long-term
implications.
Harry Mays 8413 Ballard Loop West Richland. Expressed a desire to preserve the
community for future generations. He raised concerns about data centers’ potential
water consumption, noise, increased utility costs, and limited long-term creation,
based on part of his experience working on data center projects in Boardman.
Amanda Hemperly, a West Richland resident and registered nurse, expressed
concerns about rushing data center development without fully understanding the
potential long-term impacts. Drawing a comparison to past experiences at Hanford,
she urged officials to slow the process, carefully evaluate available information, and
consider potential effects on residents and future generations.
Mikayla, a West Richland resident expressed opposition to data centers and the
proposed hearing examiner process, stating that it could reduce meaningful public
participation. She urged officials to learn from past examples, including the Radium
Girls and Hanford, and emphasized the importance of establishing appropriate
safeguards before approving new development.
Anna, a West Richland resident who lives on Bing Street, emphasized the
importance of learning from historical events evaluating new technologies and
development. She questioned whether existing regulations adequately address the
potential impacts of large-scale AI data centers, urged through safety review,
expressed opposition to the hearing examiner process, and encouraged preserving
West Richland’s unique community character.

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9. Adjourn: 8:09 p.m.
Michael Peterson, Vice Chair

Jessica Avelar, Staff Recorder

–––––––––––––––––––––––––

–––––––––––––––––––––––––––––

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WEST RICHLAND AGENDA ACTION ITEMS
Agenda Item:

Type Of Action:

Meeting Date:

10/20/2026

Execute Contract

☐

Consent Agenda

☐

Pass Resolution

☐

Public Hearing

☒

Subject:

*ORD. __-__ Public Hearing to consider
File No. TXT-0008-2026: Zoning code
amendment to lower the minimum
parking requirement for newly developed
multifamily dwellings (apartments &
condominiums)

Pass Ordinance

☒

1st Discussion

☒

Strategic Focus
Area:

SFA#1- Goal 4-Create development policy
codes appropriate to achieve city vision
relative to support commercial and
residential development.

Pass Motion

☐

2nd Discussion

☐

☒

Recommend
With Comments
(See Below):

☐

Prepared By:
Reviewed By:
Subcommittee
Information:

Eric Mendenhall, Community and
Economic Development Director
Frederick Brink, Mayor
Community & Economic Development
Subcommittee: David Fetto (Chair), John
Smart, and David Cole

Recommend
Approval (Do Pass)

SUGGESTED MOTION: I move to adopt proposed text amending West Richland Municipal Code Chapter 17.57 to lower
the minimum parking requirement for newly developed multifamily dwellings.

ATTACHMENTS:
a. Draft amending text.
BACKGROUND INFORMATION:
The City proposes to adopt an amendment of the West Richland Municipal Code (WRMC) as follows:
Amending Title 17 to lower the minimum parking requirement for newly developed multifamily dwellings by (1)
amending Chapter 17.57, Table 15.57.2 Required Parking Spaces for Specific Activities; and (2) establishing 17.57.220
Designated parking - Residential Multifamily.
Purposes are to:
1. Lower a “housing production barrier” of high off-street parking requirements identified in the Comprehensive
Plan Periodic Update draft Housing Element, Housing Element Technical Appendix, Attachment II barriers
checklists, checklist Exhibit B1, third page;
2. Follow the recommendation of Comprehensive Plan Periodic Update consultant BERK in its draft memo of July
13, 2026, “Code Update Needs Related to Updates to Housing and Land Use Element”, p. 2;
3. Accommodate a potential apartment complex development for which the would-be developer wants the
parking requirement lowered to what local market conditions support; and
4. Come into closer compliance ahead of time with RCW 35.21.994 & 35A.21.445 that for cities of 30,000 or more
population cap multifamily minimum parking at 0.5 stalls per unit. (West Richland was at 18,820 as of 2024.)

Page 12 of 169

The proposed required parking for multifamily (multiple-family) dwellings, which often means in plain language
apartments and condominiums, mimics that of the City of Kennewick in §18.36.060 of its municipal code.
The City Council Community Development Subcommittee met on July 21, 2026 and recommended “do pass” for the
amendment.
The Commission held a public hearing September 10, 2026 and directed staff to revise the proposed amendments,
advising through Commissioner Sloughter that staff consider keeping applicable the present minimum two parking
spaces per apartment, but limiting to units of two or more bedrooms, while allowing for a lower minimum for studios
and one-bedroom units.
SUMMARY:
The original proposal is to:
• Lower the parking minimum from a uniform 2 spaces per apartment to a rate based on the number of
bedrooms:
o 1 space for studio and one-bedroom units, and
o 2 spaces minimum average across units with two or more bedrooms; and
• Require that, if the developer (or property manager) of an apartment complex were to reserve a number of
spaces as any of leasing office visitor parking or staff parking, then the spaces would have to be made available
for resident parking before and after office hours and signed accordingly.
Staff affirms that developers, as was and is the case, may always choose to respond to local market conditions by
constructing more parking within their developments than what the West Richland Municipal Code requires.

PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommend that that the Council adopt the draft text amending West Richland Municipal
Code Chapter 17.57 to lower the minimum parking requirement for newly developed multifamily dwellings.
SUBCOMMITTEE CONCERNS/COMMENTS:
FISCAL IMPACT (Indicate amount, fund, and impact on budget):
None

Page 13 of 169

CITY OF WEST RICHLAND
ORDINANCE NO. __-26
AN ORDINANCE OF THE CITY OF WEST RICHLAND, WASHINGTON
AMENDING THE WEST RICHLAND MUNICIPAL CODE (WRMC) RELATED TO
THE MINIMUM PARKING REQUIREMENT FOR MULTIFAMILY OR MULTIPLEFAMILY DWELLINGS, COMMONLY CALLED APARTMENTS AND
CONDOMINIUMS (TXT-0008-2026)
WHEREAS, West Richland Municipal Code (WRMC) Titles 14, 16, 17, 18, & 19 establish
as development code or zoning code the standards for land development to meet, and that clarity
of those standards is critical as the town continues to grow and prosper; and
WHEREAS, periodic revisions or updates to the WRMC are necessary and expected to
comply with revisions to statutes and administrative rules, administer new and revised long-range
plans, and address current issues and problems; and
WHEREAS, the legislative text amendment is case file number TXT-0008-2026 with
corollary SEPA-0019-2026; and
WHEREAS, on March 23, 2026, the City Community Development Department issued a
State Environmental Policy Act (SEPA) threshold determination of DNS (Determination of Nonsignificance) on the proposed changes, the Washington Department of Ecology assigning SEPA
file number 202603303; and
WHEREAS, in accordance with RCW 36.70A.160, on August 5, 2026, the City Community
Development Department transmitted the proposed amendment to the Washington Department
of Commerce, the Commerce Department assigning file number 2026-S-15166; and
WHEREAS, the City Council Community Development Subcommittee reviewed the
conceptual proposal at its meeting on July 21, 2026 and indicated that staff could proceed with
refining a proposal; and
WHEREAS, on September 10, 2026, the Planning Commission held a public hearing and
directed staff to revise the proposed amendments that would have mimicked the minimum offstreet parking requirement of the City of Kennewick in §18.36.060 of its municipal code – advising
that staff consider keeping applicable the present minimum two parking spaces per apartment,
but limiting to units of two or more bedrooms, while allowing for a lower minimum for studios and
one-bedroom units; and
WHEREAS, on October 1, 2026, the Planning Commission again held a public hearing
and voted [XXXX] to accept the staff recommended findings, conclusions, and recommendations
on the revised proposed amendments; and
WHEREAS, the City Council Community Development Subcommittee reviewed the
proposed amendments at its meeting on September 28, 2026 and unanimously voted to
recommend “do pass”; and
WHEREAS, the City Council reviewed the proposed amendments at its regularly
scheduled meeting on October 20, 2026; and
WHEREAS, on October 20, 2026, the City Council voted to [XXXX] the code amendments;
and
WHEREAS, the City Council finds it prudent and in the public interest to adopt the
proposed amendments by ordinance;

Page 14 of 169

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,
WASHINGTON, do ordain as follows:

Section 1.

WRMC Chapter 17.57 is hereby amended as follows:

17.57 Off-Street Parking and Loading Standards
Table 17.57.2: Required Parking Spaces for Specific Activities
Use (A)
[…]

Required Parking Spaces (Minimum)
[…]

Residential
[…]

[…]

Dwelling, within a
multifamily structure

2 per dwelling unit, excluding (a) Each studio and
garage
one-bedroom unit:
1 per unit
Total of (a) through (c), excluding
garage except per Note A below.
(b) Each unit of two
or more bedrooms:
2 per unit
Note A:
For a development
required to provide 20 or more (c) An additional
spaces, garages may count number equal to
towards maximum 5% of required 5% of the total of (a)
parking if each garage to be and (b)
counted is attached with direct
access into a dwelling.

[…]

[…]

Section 2.

WRMC Section 17.54.220 is hereby established as follows:

17.57.220 Designated parking - Residential Multifamily
If the developer or property manager of a multifamily development were to
designate and mark a number of parking spaces as any of leasing office visitor
parking or staff parking, then the spaces shall be available for resident parking
before and after office hours. A sign minimum size 12 by 18 inches shall note the
range of hours when each space is limited to visitor or staff parking and specify
that it is available for resident parking outside the specified hours.

Page 2

Page 15 of 169

Section 3.
Corrections by City Clerk or Code Reviser. Upon approval of the City
Attorney, the City Clerk and the Code Reviser are authorized to make the necessary corrections
to this ordinance, including the correction of clerical errors; ordinance, section, or subsection
numbering; or references to other local, state, or federal laws, codes, rules, or regulations.
Section 4.
Severability / Validity. The provisions of this ordinance are declared
separate and severable. If any section, paragraph, subsection, clause or phrase of this ordinance
is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity
of the remaining portion of this ordinance.
Section 5.
Effective Date. This ordinance shall be in full force and effect five (5) days
from and after its passage, approval and publication, as provided by law.
Section 6.
Transmittal to State. Pursuant to RCW 36.70A.106, the City shall transmit
a complete and accurate copy of this ordinance to the Washington Department of Commerce
within ten (10) days of adoption.
PASSED BY THE CITY COUNCIL OF THE CITY OF WEST RICHLAND,
WASHINGTON, this 20th day of October, 2026.

_____________________________
ATTEST:

Fred Brink, Mayor

_________________________________
Stephanie Haug, City Clerk

APPROVED AS TO FORM:
_________________________________
Jessica Foltz, City Attorney

Page 3

Page 16 of 169

WEST RICHLAND PLANNING COMMISSION AGENDA ACTION ITEMS
AGENDA ITEM:

TYPE OF ACTION:

MEETING DATE:

October 1, 2026

SUBJECT:

Discussion and Recommendation on:

STRATEGIC FOCUS
AREA

Comprehensive Plan Periodic Update –
Environment, Housing, and Land Use
Elements
Growth Management Act Requirement

Prepared by:

Eric Mendenhall, Community & Economic
Development Director

Reviewed by:

Mayor Fred Brink

Public Hearing
Ordinance

1st Discussion

2nd Discussion

X

Other

SUGGESTED MOTION: I move to recommend that the City Council adopt a resolution accepting the updated
Environment, Housing, & Land Use Elements as presented.

ATTACHMENTS:
1. Draft Environment Element
2. Draft Housing Element
3. Draft Land Use Element
4. Public comments spreadsheet
BACKGROUND INFORMATION:
The City is updating its Comprehensive Plan from 2017 as required periodically by the state and with a state grant.
Consultant BERK edited the three subject elements and will make a presentation about them to the Commission at the
meeting as well as answer commissioner questions. This is the third time the three elements are presented to the
Commission; the first was August 13, 2026 during which commissioners indicated they wanted more review time, the
second was at the September 10, 2026 meeting in which the commissioners desired additional time to review
Commissioner Aldrich’s comments. After the meeting, additional public comments came, and staff and the consultant
incorporated some of the comments into the updated draft. The attached draft includes the yellow highlighted
sections that show those areas that received comments and appropriate response from consultant and staff.
SUMMARY
The Commission discussion objective is to review the draft Environment, Housing, & Land Use Elements goals and
policies and indicate to the consultant and staff either (a) what, if any, goals and policies City should revise and why
before the City adopts, or (b) that the Commission recommends the drafts be forwarded on to Council.

Page 17 of 169

SEPA will be sent out soon for additional public comments, potential revisions may yet be made prior to a public
hearing and recommendation to Council for adoption.
RECOMMENDATION:
Staff recommend Planning Commission recommend Council pass a resolution accepting the draft Environment,
Housing, and Land Use Elements as presented.

Page 18 of 169

WEST RICHLAND COMPREHENSIVE PLAN

ENVIRONMENT ELEMENT ELEMENT

Environment Element Goals & Policies
[edits]
Notes on updated goals and policies:
-Goal and policy numbering reflects existing numbering from the adopted Comprehensive Plan for easy tracking
purposes. Goals and policies will be renumbered later (e.g., Goal H-1, Policy H-1.1, Policy H-2.2…etc.).
-Reorganized so all policies are under a specific goal.
-Combined goals or policies are shown as “Goal X + X” or “Policies X + X” with “[Combined]” following the text.
-Consolidated duplicative policies.
-Tracked changes reflect proposed edits to existing goal and policy language.

The Environmental goals, policies, and strategies are provided below.
Additional related goals and policies are located in the Land Use, Capital Facilities, and Transportation
Elements of this plan. [Note: updated based on Planning Commission comments to delete this text from
all elements, and add a blanket statement up front in plan introduction]

GOAL A+E

Protect environmentally sensitive natural areas and critical areas
and the functions they perform by the careful and considerate
regulation of development. [Combined] [Note: updated based on
Planning Commission comments]

Policy 1

Review new development in the City with sensitivity to environmental issues.

Comply with the Sstate and Ffederal law.

Comply with local development regulations.

[Note: public comments provided on the Aug. 13 Planning Commission meeting packet
questioned removing these two bullets. Staff response: the City is required to comply
with applicable federal, state, and local laws. This text was removed because it is
redundant.]
Policy 2

Protect key habitatscritical areas including critical fish and wildlife habitat
conservation areas. [Note: updated based on staff review of public comments provided
on the Aug. 13 Planning Commission meeting packet]

Develop and maintain an inventory of environmental resources.

Regulate the impact of filling or disturbance of wetlands and riparian areas and
surrounding vegetation buffer area.

Using the standards set by state and federal law review; update environmental
and critical area protection rules affecting land use.

Policy 3

Preserve natural drainage ways.

Identify natural drainage ways, their role in the area, and the importance of
maintaining the systems.

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ENVIRONMENT ELEMENT ELEMENT

Review development plans to limit impacts on natural drainage ways.

Work with the County and adjoining jurisdictions in the protection of critical
areas.

Policy 4

Enforce regulations to mitigate development in geologically hazardous areas and
flood hazard areas. [Note: updated based on Planning Commission comments]

Require engineering, architectural, or geo-technical investigations and
certifications for approval of development permits or authorizations in hazardous
areas.

Policy 5

Preserve resident communities of endangered, threatened, or sensitive species as
identified by state and federal authorities when possible or as required.

Preserve habitat corridors.

Utilize buffer zones, an area surrounding a critical area that is kept in or restored
to a natural state to minimize impacts of adjacent land use, to mitigate impacts
during construction on sensitive, threatened, and endangered species.

Policy 8

Enhance the natural environment where possible.

Provide incentives for restoring or enhancing wetlands, stream corridors, and
other important natural systems.

Continue to implementation of the cCity's Tree Planting Program.

Remove noxious weeds and non-native plants and re-establish native plants
where possible on city-owned lands.

Policy 9

Minimize impacts on property owners, while not adversely impacting critical areas.

Use density bonuses and other means of compensation in the protection of
critical areas.

Encourage the use of clustered development and other design alternatives that
may protect critical areas.

Policy 16

Protect environmentally sensitive natural areas and the functions they perform by the
careful and considerate regulation of development.

Policy 17

Minimize damage to life, limb, and property due to seismic activity, landslides, and
erosion on steep or unstable slopes.

Policy 18

Protect wetlands to the extent that there is no net loss of size, functions, and values.

Policy 19

Protect and maintain stream flows and water quality within streams.

Policy 20

Preserve natural forms of flood control and stormwater storage, by avoiding
alterations to drainage or stream flow patterns.

Policy 21

Protect aquifer recharge areas from development activities and practices that would
be undesirable or harmful to the groundwater supply.

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Policy 22

Protect, maintain, and enhance areas highly suited for wildlife, and lands with which
threatened, endangered, or sensitive species are known to have a primary
association.

Policy 23

Protect and maintain critical fish and wildlife habitat conservation areas and corridors
so as to avoid the creation of isolated subpopulations.

Policy 24

Enhance degraded critical fish and wildlife habitat conservation areas.

Policy 25

Implement the goals, policies, and requirements of the Growth Management Act.

Goal C

Protect and manage natural resources.

Policy 6

Protect surface water and ground water supplies.

Require that new development and redevelopment projectsContinue to comply
with the Stormwater Management Manual for Eastern Washington.

Encourage the use of Low-Impact Development (LID) principles (i.e.,such as
reducing impervious surfaces, reducing stormwater runoff, and encouraging
native plantings) and green infrastructure to promote water conservation and to
reduce and to mitigate against heat impacts and the discharge of pollutants.
[Note: updated based on Planning Commission comments, including combining
with a similar policy from the Land Use Element. Also incorporated public comment
provided on Aug. 13 Planning Commission meeting packet regarding using native
vegetation to promote water conservation]

Restrict development that significantly degrade or deplete surface waters or
groundwater.

Continue implementation of storm water illicit discharge elimination program.

Continue implementation of the groundwater monitoring program.

Consider adoption of aImplement the clearing and grading ordinance to prevent
potential flooding hazards and protect water quality.

Implement a program to inform citizens about household practices that can
degrade groundwater, such as fertilizing, with recommended alternatives.

Ensure new development and redevelopment projects evaluate and mitigate
cumulative impacts on potable and non-potable water supplies, including
process and cooling-water demand.

Encourage water reuse and water-efficient cooling systems where feasible.
[Note: added based on staff review of public comments provided on the Sept. 15
Planning Commission meeting packet]

Policy 7

Protect air quality, consistent with regional guidance provided by the Benton Clean
Air Agency. [Note: added based on staff review of public comments provided on the
Sept. 15 Planning Commission meeting packet]

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ENVIRONMENT ELEMENT ELEMENT

Continue to require dust abatement on construction sites.

Establish Continue to use landscape standards to reduce dust sources and reduce
the amount of airborne particulates.

Consider ongoing operational emissions from commercial and industrial
development, including stationary emergency and backup generators or other
sources of emissions.

When appropriate, consider cumulative emission impacts where multiple large
facilities are proposed.
[Note: added based on staff review of public comments provided on the Sept. 15
Planning Commission meeting packet]

Policy 12

Encourage households and businesses to reduce the amount of water used for
landscaping.

Encourage separate irrigation and potable water systems for new residential,
commercial, and industrial development where feasible.

Consider using tiered water rates to discourage peak-use consumption.

Encourage the use of drought-tolerant landscaping and of xeriscaping,
particularly in areas not served with a separate irrigation system for water.

Policy 13

Continue implementation of the city’s Water Use Efficiency Program as required by
the state.

Goal D

Reduce solid waste production and encourage recycling.

Policy 14

Develop solid waste programs that reflect West Richland's environmental goals and
objectives in the most cost-effective manner.

Policy 15

Develop curb-side recycling programs.

Goal B

Minimize activities which may contribute to climate change where
possible.

Policy 10

Encourage non-motorized forms of transportation, carpooling and other tripreduction measures.


Policy 11

Establish a network of paths and multi-use trails throughout the city.

Encourage energy-efficient homes, buildings, and building systems.

Endorse and promote local programs that help educate and assist the public on
energy conservation measures and practices.

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HOUSING ELEMENT

Housing Goals & Policies [edits]
Notes on updated goals and policies:
-

Goal and policy numbering reflects existing numbering from the adopted Comprehensive Plan for easy tracking purposes.

-

Reorganized so all policies are under a specific goal.

-

Combined goals or policies are shown as “Goal X + X” or “Policies X + X” with “[Combined]” following the text.

-

Consolidated duplicative policies.

-

Tracked changes reflect proposed edits to existing goal and policy language.

Goals and policies will be renumbered later (e.g., Goal H-1, Policy H-1.1, Policy H-2.2…etc.).

The housing goals and, policies, and strategies are provided below. See also
Additional related goals and policies are located in the Land Use Element of this plan.
[Note: updated based on Planning Commission comments to delete this text from all elements, and add a
blanket statement up front in plan introduction]

Goal A

Promote a variety of residential densities, and housing types
available at all income levels to meet the needs of current
residents and future generations.

Policy 8

Plan for an adequate supply of land to accommodate projected growth, housing
needs for all income levels, permanent supportive housing, and emergency shelter,
as determined in partnership with Benton County jurisdictions and consistent with
Countywide Planning Policies and the state Growth Management Act. Coordinate
land capacity planning with capital facility and utility planning to ensure services can
be provided for future growthincluding, but not limited to, affordable housing, multifamily housing, and special needs housing.

Policies 1 + 18

Consider allowing a variety of multi-family residential housing types, such as
townhouses, courtyard buildings, zero-lot line development, small cottages,
duplexes, triplexes, and four, six, and eight-plexes in the higher density residential
districts.

Provide for moderately priced housing ownership through flexible lot sizes, small
detached dwellings, townhomes, and condominium housing.

Allow retirement centers and assisted living facilities in multi-family residential
zones.

Review alternative forms of housing development such as density bonuses, and
planned unit developments (PUD) to find an effective mix of housing
development tools for West Richland.

Allow recreational vehicles (RVs) to be used as a primary residence in
manufactured / mobile home communities.

Allow and accommodate accessory dwelling units in single-family districts.

Encourage opportunities for home ownership and rental housing options at all
income levels through the availability of a variety of housing types. Encourage a

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HOUSING ELEMENT

range of housing types and densities including but not limited to: small lot singlefamily, zero lot line developments, cluster housing, townhouses, duplexes, triplexes,
apartments, condominiums, accessory dwelling units, accessory apartments, and
manufactured homes, both in parks and on subdivided lots. [Combined]
Policies 19 + 22

Policy 2

Encourage residential uses supporting increased densities, while maintaining the
single-family character of existing neighborhoods of existing neighborhoods, such as
duplexes and accessory units. Allow accessory residential units and duplexes in
residential zones, upon approval of a conditional use permit. RProvide clear and
streamlined regulatory guidelines for all housing types that reduce barriers to
development and compatible transitions in scale and form with existing
neighborhoods and planned future developmentshould minimize procedural
requirements, while addressing neighborhood compatibility through development,
design, and occupancy standards. [Combined]

Consider requiring that the design or alteration of a duplex or accessory unit be
compatible with the scale and character of adjacent single-family homes,
including parking areas and driveways.

Allow property owners to integrate an accessory dwelling unit into existing
residential homes or garages.

Allow new manufactured homes (that meeting the definition in RCW 35.63.160 and
not previously titled to a retail purchaser) to locate in single familyresidential zones
when they are consistent with city codes, look similar to site-built housing comply
with development standards applicable to other homes within the neighborhood, are
thermally equivalent to the state energy code, and are placed on a permanent
foundation.

Allow manufactured homes, if constructed after June 15, 1976, in Mobile Home
zoning districts and mobile home parks, provided they are set on a permanent
foundation, are thermally equivalent to the state energy code and meet the
requirements of RCW 35.63.160.

Do not permit mobile homes constructed prior to June 15, 1976 to be newly
located in the city, or moved from one parcel to another.

Policy 4

Expand opportunities for mixed-use zoning districts that will allow residential uses in
combination with other uses and consider e. Encourageing the development of
residences above businesses in commercial districts, either as a permitted use or by
conditional use permit.

Policy 5

Develop mixed-use, higher density districts in downtown West Richland and in the
Lewis and Clark Ranch Subarea, meeting community goals to develop community
identity, vital business and service opportunities, concentration of higher density
housing, and multi-modal transportation services.

Policy 20

Encourage Promote higher density single-family residential neighborhoods near
commercial centers and other existing and future facilities and /services to support
and encourage non-motorized transportation options.

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Policy 6

HOUSING ELEMENT

Promote infill development that aligns with neighborhood scale and form designed
to be compatible with existing neighborhoods while creating new housing
opportunities.

The following related policy is proposed for deletion.

Policy 9

Achieve a balance of housing types by limiting (through zoning) the establishment of
new manufactured home parks within the city, unless the occupancy at the existing
parks in the city that are conforming to the zoning code, exceeds 98 percent.

Goal B

Promote equitable access to safe, affordable, and accessible
housing for all, with particular attention to historically
underserved and vulnerable populations, including older adults,
low-income households, and people with disabilities. Encourage a
diversity of residential types to provide for all groups in the
community . [Note: updated based on Planning Commission comments]

Policy 12

Promote fair housing for all persons and ensure that no As part of periodic updates
and five year implementation reporting for the Comprehensive Plan, review Ccity
policies, programs, regulations, or and decisions to identify any results contributing
to in housing discrimination, including racially disparate impacts, displacement, or
exclusion in housing. Take action to eliminate such outcomes as needed.

Policies 10 + 14

Support housing options, programs, and services that enable seniors and people with
disabilities to stay in their homes or neighborhoods as their needs change. Promote
encourage universal design (homes designed to be usable by everyone to the
greatest extent possible, using barrier-free and step-less entries and hallways,
hardware that is easy to manipulate, outlets and switches within easy reach, etc.) and
retrofitting homes to increase housing accessibility for older adults and those with
disabilities. Consider allowing middle housing types in more zones to support infill
development with smaller homes suitable for seniors. or retrofitting homes for use by
people throughout their lifespan and the disabled [Combined] [Note: updated based
on Planning Commission comments -added back in deleted definition text]

Policy 13

Encourage and support Promote the development of housing for seniors of all
incomes. Allow for senior housing and assisted living facilities and support services
such as day health. Support the efforts of public and private non-profit agencies that
develop assisted housing and/or housing-related human services.

Policies 17 + 21

Accommodate lower income potential housing for people with special needs for
housing throughout the city, particularly in areas with good access to transit within
15 minutes of multimodal travel from, employment, retail, transit, and other services.
This includes, but is not limited to, senior housing, group homes, foster care facilities,
and housing for disabled residents with disabilities. Ensure that ample land is
available with the appropriate zoning designation to allow for the development of
affordable housing. [Note: updated based on Planning Commission comments updated wording to be less subjective]

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Policy 11

Work with transit and transportation providers to increase access between special
needs housing and community facilities and programs in West Richland and the
surrounding area.

NEW Policy

Encourage the retention of naturally occurring affordable housing (housing that is
affordable to people earning under 80% AMI without being subsidized), such as
manufactured homes and accessory dwelling units, by continuing to allow for these
uses where they are allowed under zoning and by communicating with property
owners about maintaining properties in good condition over the long term.

The following related policy is proposed for deletion

Policy 14

Support housing options, programs, and services that allow seniors and people with
disabilities to stay in their homes or neighborhood as their housing needs change,
such as encouraging universal design or retrofitting homes for lifetime use.

Goal C + Policy 7 Encourage development, preservation, and equitable
distribution of affordable housing for all segments of the
population extremely low-, very low-, low- income households,
including permanent supportive housing and emergency shelters.
Policy 3

Consider evaluating permit fee waivers and density bonuses for Consider an
incentive program for affordable units serving households at or below 80% AMI, such
as a MFTE program or density bonuses. As part of periodic updates and five-year
implementation reporting for the Comprehensive Plan, review the program and
update it as needed to support the goals in this Housing Element.

Policy 7

Support efforts of private developers to preserve or develop affordable housing,
including housing with on-site services, for , very low, low, and moderate-income
families. [Note: deleted based on Planning Commission comments that this is already
covered in Goal C]

Policy 15

Consider Collaborate with partners to facilitate and prioritize the development of
emergency, transitional, and permanent supportive housing and services for the
people experiencing homelessness in West Richland. [Note: updated based on
Planning Commission comments]

Policy 23

Monitor the city’s ability to qualify Pursue and apply for funding through CDBG,
HOME, and other Ffederal, Sstate, or local funding sources.

NEW Policy

Partner with regional agencies and nonprofit housing organizations to address
regional housing issues and advance the equitable distribution of subsidized
affordable housing, including strategies for both creation and long-term preservation
such as community land trusts.

NEW Policy

Partner with neighboring jurisdictions, regional agencies, the private sector,
community groups, and non-profits to support coordinated, regional approaches for
the creation and long-term preservation of:


DRAFT SEPTEMBER 2026

Income-restricted housing
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NEW Policy

HOUSING ELEMENT

Permanent supportive housing
Emergency shelters, transitional housing, and emergency housing for people
experiencing homelessness

Support opportunities to for public or private developers to acquire land for
affordable housing ahead of planned infrastructure improvements or other
investments that may increase land and housing costs. [Note: updated based on
Planning Commission comments that the City doesn’t acquire land for housing
development. Supporting other entities in doing this can be part of the City’s required
“adequate provisions” for meeting housing growth targets.]

The following related policies are proposed for deletion.

Policy 16

Provide an exemption from Park Impact Fees for the construction of senior
retirement housing centers and for the construction of low-income housing.

Policy 21

Encourage affordable housing for lower income and special needs people including
senior housing, group homes, foster care facilities, and housing for disabled
residents.

Goal D + E

Ensure that ample land is available with the appropriate zoning designation to
allow for the development of affordable housing.

Support vibrant, resilient neighborhoods as infill and
redevelopment occur over time by encouraging neighborhood
investment and promoting high-quality, well-maintained housing
for all residents. Preserve and enhance established neighborhoods
where consistent with the overall City land use plan. [Note: updated
based on Planning Commission comments]

Policy 25

Encourage compatible transitions in urban form and scale between existing buildings
and new infill and redevelopment projectsnew residential developments to be
compatible with the scale and character of adjacent single-family areas.

Policy 28

Encourage private reinvestment in all residential neighborhoods and private
rehabilitation of housing by providing homeowners and renters with information,
technical assistance, and referrals to appropriate agencies and organizations.

Policy 33

Encourage preservation, rehabilitation, maintenance, and improvements to existing
residential structures. Seek and promote resources that provide financial and other
assistance to citizens for maintaining or repairing health and safety features of their
homes, with priority for raising awareness among low-income homeowners. [Note:
staff reviewed Planning Commission comments for and opposed to keeping this policy.
Staff recommendation is to keep. This policy will support a planned code update for
property maintenance.]

Policy 29

Promote the use of weatherization programs in existing housing in cooperation with
Benton County, Benton REARural Electric Association (Benton REA or BREA), or other
agencies.

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Policy 32

Plan for residential neighborhoods that promote the health and well-being of
residents by supporting active living.

Policy 26

Allow home-based businesses, provided they meet City standards that limit
measurable impacts such as substantially increased traffic, noise, parking generation,
or light and glare do not substantially increase traffic or cause other negative impacts
to the surrounding neighbors. [Note: updated based on Planning Commission
comments]

Policy 27

Continue the Neighborhood Liaison program, which establishes police department
relationships to enhance community, citizen interaction, and communication and
partnerships with neighborhoods and residents. Monitor the program to ensure it
does not contribute to disproportionate enforcement or complaints related to
housing type, tenure, or resident characteristics (consistent with Policy 12).

Policy 24

Support neighborhood vitality as infill and redevelopment occur by encouraging
investment and well-maintained housing. Identify and protect the character of
established residential neighborhoods. [Note: updated based on Planning Commission
comments]

The following related policies are proposed for deletion.

Policy 30

Encourage housing design and development that promotes public safety including
“Crime Prevention through Environmental Design” components.

Policy 31

Encourage energy and water conservation activities and investments efficiency in
existing and new housing developments, as addressed in the Utilities Element.

Policy 34

Encourage new developments and redevelopment to be compatible with existing
and planned neighborhood character such as through design and landscape
features.

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LAND USE ELEMENT

Land Use Goals and, Policies, and
Strategies [edits]
Notes on updated goals and policies:
-

Goal and policy numbering reflects existing numbering from the adopted Comprehensive Plan for easy tracking purposes.
Goals and policies will be renumbered later (e.g., Goal LU-1, Policy LU-1.1, Policy LU-2.2…etc.).

-

Consolidated goals to focus on the following key land use themes:
Goal 1: Growth Patterns
Goal 2: Responsible Regulation
Goal 3: Diverse Uses that Promote Quality of Life
Goal 4: Land Use Compatibility, Aesthetics, and Health
Goal 5: Residential Neighborhoods
Goal 6: Mixed-Use, Commercial, and Industrial Areas
Goal 7: Natural Environment, Recreation, and Open Space

-

Reorganized so all policies are under a specific goal.

-

Combined goals are shown as “Goal X + X” with “[Combined]” following the goal text.

-

Several policies were split up to clarify distinct actions, noted as Policy X [Split].

-

Consolidated duplicative policies.

-

Removed vague or exclusionary language related to character, compatibility, or aesthetics.

The Land Use goals and, policies and strategies are provided below.
Additional related goals and policies are located in the all other Elements of this plan. Goals and,
policies and strategies in this chapter are meant to complement other plan Eelements, with related
goals and policies located in all other elements of the plan.[Note: updated based on Planning
Commission comments to delete this text from all elements, and add a blanket statement up front in plan
introduction]

Goal D

Manage growth and orderly, well-planned development that
aligns with the goals, policies, and vision of the Comprehensive
Plan. Provide for the orderly development of the City. [Note: updated
based on Planning Commission comments]

Policy 44

Accommodate West Richland’s growth targets for the planning period: 3,209 new
jobs and 6,166 new housing units and between 2020 and 2046, including the housing
growth targets for specific income groups and emergency shelter as shown in
Exhibit 1. In accordance with Benton Countywide Planning Policy #2, the City plans
for future population growth based on the published, official projections of the state
Office of Financial Management, and the allocation for the city as provided by the
County.

NEW Policy

Establish land use and zoning designations, densities, and intensities consistent with
the Future Land Use Map (Exhibit 9), that are designed to provide land capacity for
growth targets and to minimize and mitigate potential land use conflicts.

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NEW Policy

Policy 3 +
Policy 4 [Split]

LAND USE ELEMENT

Ensure that any rezoning is consistent with the Future Land Use Map and the vision,
goals, and policies in this Comprehensive Plan, including capacity to achieve planned
growth targets.
Avoid sprawl. Require orderly development to occur as nNew development should
typically be located adjacent to existing developed areas, infrastructure, and services.
This and avoids development in a “leap-frog” fashiondevelopment patterns and
supports a safe and beautiful community that is easy and comfortable to travel
within. [Note: updated based on Planning Commission comments. Combined two
similar policies.]
Prefer development to occur in areas that (1) Already have services;
(2) Are adjacent to existing service lines;
(3) Include specific development plans and proposals;
(4) Commit to the installation of infrastructure within a specific period of time; and,
(5) Facilitate the logical extension of services to additional areas within the city limits.

Policy 14

Policy 15

Policy 4 [Split]

Focus growth into areas that have or will have adequate capital facilities and services
within a reasonable period to accommodate the development.

Ensure the integration of land use plans with infrastructure plans for the Ccity and
periodically review these plans to identify deficiencies or surpluses over the 20year planning period.

Identify development areas, planned service expansions, and extensions of
utilities to occur logically and be cost effective.

Discourage residential plats that exceed the minimum lot size by more than 30
percent, particularly in areas without irrigation water service available.

Provide adequate, well-located areas for public lands and facilities.

Identify and obtain sites for public land and facilities early in the development
process to ensure that the facilities are appropriately located to serve the area
and to reduce acquisition costs.

Incorporate provisions regarding the identification and siting of essential public
facilities, per State of Washington requirements, in applicable zoning
classifications. The City will locate capital facilities identified as essential public
facilities so as to provide the necessary service to the intended users with the
least impact on surrounding land uses.

Essential public facilities should be located in a way that protects the
environmental resources of the area. (part of Tri-Cities Regional Climate Element
Policy CE-3.4)

Avoid sprawl by concentrating growth within easily accessible neighborhoods to
create a safe and beautiful community that is easy and comfortable to travel within.
[Note: updated based on Planning Commission comments. Combined with Policy 3
above.]

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LAND USE ELEMENT

Work with developers to encourage the construction of complete streets,
commercial nodes, and residential development areas that complement one
another and provide effective interaction for activities and uses. [Moved under
combined Goals E and K]

Consider establishing minimum density thresholds for each residential zoning
district to foster development at appropriate, planned densities. [Moved under
Goal J]

Policy 18 [Split]

Encourage Reduce barriers for in-fill development and encourage; in particular,
promote the development of undeveloped parcels within areas characterized by
urban growth or within nodes of complementary development. At the same time,
monitor trends in infill and redevelopment and the impacts on public services
including the City’s water and sewer utilities.

Policy 18 [Split]

Focus on opportunities to fFoster development of the undeveloped BLM-owned
parcels to provide additional parks and recreation space, promote infill housing
development, reduce sprawl, and increase the city’s property tax base.

Policy 20

Establish Adopt sub-area plans for large undeveloped areas that have the highest
growth opportunities and which need coordinated and targeted infrastructure
upgrades to that have limited number of property owners for the purpose of
supporting implementation of the City Comprehensive Planand development goals.


Establish guidelines under which sub-area plans can be adopted.

Encourage a balance of job and housing opportunities in each development.
Provide sufficient land for business as well as homes.

Guidelines for sub-area plans should include preservation of open space, riparian
areas, wetlands, and promotion of mixed housing and mixed use developments.

Policy 5 [Split]

Advocate for development of land, timed with market demand, to help meet growth
targets, facilitate smart growth, provide necessary services, and foster community
vitality. [Note: Planning Commissioners asked how the City does this. Staff response:
staff do this through communication efforts and management of the WRMC.]

NEW Policy

Collaborate with Benton County to delineate Urban Growth Areas (UGAs) able to
accommodate projected growth in the county with a preference for limiting UGA
expansion.

NEW Policy

Proactively plan for future annexation of the City’s designated UGAs, coordinating
with Benton County to promote urban densities and public facilities in these areas.
This could include adopting joint development standards for the UGAs.

Goal G

Promote planned development of West Richland school sites.

Policy 37

Separate activities based upon land use characteristics, type of transportation
corridors, amount of traffic generation, and geographic location.

Policy 45

The Benton Countywide Planning Policies (included in Appendix 6) apply to the City’s
planning efforts, and are intended to provide a framework for development of the
Comprehensive Plan.

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NEW Goal

LAND USE ELEMENT

Regulate development in a responsible manner that supports
community-wide interests is beneficial to the community as a
whole and is consistent with State law. [Note: updated based on
Planning Commission comments]

NEW Policy

Ensure the Comprehensive Plan, development regulations, functional plans and
budgets are mutually consistent and reinforce each other.

Policy 2

Encourage early and consistent community involvementproperty owner and resident
participation and ensure public transparency in the creation of local plans for public
improvements, zoning, and other planning concerns. [Note: Updated based on staff
review of public comments provided on the Sept. 15 Planning Commission meeting
packet, regarding public process around plans for large tracts of land. Public
transparency applies to all types of planning efforts.]

Policy 5 [Split]

Maintain open communication with major landowners in the city, (including
DNRBLM, farm owners, and public service providers), regarding future plans and uses
of large tracts of lands in West Richland.

Goal A

Demonstrate regard for private property owner’s rights to avoid regulatory takings or
violation of due process and to protect property rights of landowners from arbitrary
and discriminatory actionsin all planning efforts.

Policy 1 [Split]

Maintain and follow procedures to review development applications in a consistent
and fair manner.

NEW Policy

Adopt and maintain user‐friendly development regulations that avoid duplicative,
uncoordinated, or unclear requirements and that facilitate West Richland’s preferred
land use pattern.

NEW Policy

Ensure policies and development regulations are consistent with defensible
sciencebest available science and result in land use patterns and built environments
that protect critical areas and support resilience to extreme weather and climaterelated impacts. [Note: updated based on staff review of public comments provided on
the Aug. 13 Planning Commission meeting packet]

NEW Policy

Ensure development regulations conserve water resources and support the Tri-Cities
Region's ability to support a high quality of life and vibrant economy in a semi-arid
climate. This includes implementing, monitoring, and possibly updating development
regulations for water-efficient buildings, landscaping, irrigation systems, water
systems, and stormwater management, industrial process and cooling systems, and
water reuse. [Note: Updated based on staff review of public comments provided on the
Sept. 15 Planning Commission meeting packet]

NEW Policy

Avoid creating or worsening environmental health disparities through land
development. Consider whether City land use actions would disproportionately
impact overburdened communities. [Note: updated wording based on Planning
Commission comments. This policy is in response to RCW 36.70A.070(1), which was
amended in 2023 and provides direction on Land Use Element policy language.]

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

Policy 1 [Split]

LAND USE ELEMENT

Ensure land use plans, development regulations, and review procedures mitigate fire
and wildfire risk through proactive, collaborative planning and education.

Continue to mitigate risk of wildfires in the Wildland-Urban Interface (WUI),
consistent with regional multijurisdictional hazard mitigation plans for Benton
County.

Continue to provide the Fire District the opportunity to review and comment on
development proposals, to help ensure that fire-related issues are properly
identified and addressed.

Continue to enforce the requirements of the International Fire Code and adopted
appendices.

Encourage local utilities and the Fire District to implement wildfire mitigation best
practices such as undergrounding and vegetation management in fire-prone
areas.

Consider adopting requirements for defensible space, and similar fire prevention
measuresrequirements, such as those found in the Urban Wildlands Interface
Code, to reduce potential losses from wildfire.

Continue to enforce the requirements of the International Fire Code and adopted
appendices.

Consider adoption of a commercial fire prevention code, with requirements that
will help improve response times and minimize loss from fire.

Goal I + Policy 23 Recover costs associated with new development by c. Continuinge to assess
reasonable fees for services related to new development or redevelopment, including
impact fees, to attain cost recovery while maintaining considering competitiveness
with neighboring cities. [Combined] [Note: updated based on Planning Commission
comments]
NEW Policy

Ensure new growth and development pay their proportionate share of the cost of
new facilities needed to serve such growth and development consistent with the
Growth Management Act. [Note: Updated based on staff review of public comments
provided on the Sept. 15 Planning Commission meeting packet. There is a similar
policy in the Capital Facilities Element.]

Policy 16

Identify land needed for public purposes early in the planning process.

Support and promote impact fees.

NEW Policy

Coordinate with surrounding jurisdictions to ensure consistency among land use
designations near jurisdictional planning boundaries.

NEW Policy

Prioritize the involvement of Tribal Governments in inter-jurisdictional efforts to
coordinate planning for growth in West Richland.

NEW Policy

Consider the potential impacts of land use planning decisions on culturally significant
sites and tribal treaty fishing, hunting, and gathering grounds.

Goals E + K

Ensure that a wide range of land use, services, and choices are

available for West Richland residents and businesses, taking into

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

LAND USE ELEMENT

consideration the area’s natural resources, public services, and
facilities. Establish and manage a land use pattern thats to
balance development and provides for diverse uses and, services,
and choices and maintains or improves the quality of life for all
residents, workers, and visitors. [Combined] [Note: updated based
on Planning Commission comments].
NEW Policy

Promote opportunities for a balanced mix of land uses, including residential,
commercial, industrial, public services, recreational, and open space uses, through
the Future Land Use Map. [Note: Planning Commission commented on the term
“Future Land Use Map.” This is the name of the map showing the comprehensive plan
land use designations, which provides high-level guidance for the Zoning Map].

Policy 17

Plan Designate adequate commercial and industrial land—recognizing the need for
large sites for new and emerging industrial clusters— use to ensure access to goods
and services locally, promote economic development, and provide a sufficient tax
base to support City services and facilities.

Policy 21

Promote mixed-use development in West Richland. Consider applying elements of
the subarea code for the Lewis and Clark Ranch to other areas of the city.

Revise the zoning ordinance to allow and promote different kinds of mixed use
development activities to help support a decrease in automobile dependency and
a variety of lifestyle alternatives in the community.

Consider form-based zoning for areas of West Richland that could benefit from
redevelopment and mixed uses.

Establish a mixed-use zoning designation, which can appropriately accommodate
a mixed-use development of concentrated retail, office, and residential uses
suitable for pedestrian-oriented and transit-oriented development.

Maintain an adequate inventory of properties designated for commercial and
industrial uses, recognizing the need for large sites for new and emerging
industrial clusters.

NEW Policy

Promote and implement connections between recreational and cultural activities and
local businesses to support economic activity and quality of life.

NEW Policy

Plan for inclusive amenities and services to meet the needs of new and current
residents such as business and human services, multimodal transportation
connections, parks and recreation, cultural events, and others. [Note: updated based
on Planning Commission comments]

Policy 4 [Split]

Work with developers to encourage the construction of complete streets, commercial
nodes, and residential development areas that complement one another and provide
effective interaction for activities and uses.

Policy 41

Encourage a multi-modal transportation system that allows local residents to move
easily from their homes to their jobs and to other necessary services without
exclusive dependence upon the single-occupancy vehicle.

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

Policy 25 [Split]

LAND USE ELEMENT

Locate Encourage elementary schools, middle schools, and high schools to locate
within or close to existing or proposed residential areas when feasible.

Encourage future development of school grounds to complement park
development. [Moved under combined Goals C and M]

NEW Policy

Expand family-friendly amenities across West Richland and advocate for affordable
and available childcare businesses in the city. [Note: updated based on Planning
Commission comments. Planning Commissioners noted the recent CUP process for a
childcare center. Staff response: there is a new state requirement to allow childcare
centers as an outright permitted use in most zones, with reasonable restrictions such as
for passenger loading/unloading. City staff will share draft WRMC redlines at an
upcoming Planning Commission meeting.]

Goals B + F

Create an attractive well-designed, healthy, pedestrian-friendly,

Policy 6

and visually cohesive city that reinforces West Richland’s unique
identity.aesthetically pleasing City. Maintain the unique character
of the City and maintain or improve the character and livability of
established neighborhoods. [Combined]
Ensure that new development is consistent with improving the appearance of the
City.Adopt objective and predictable design standards for commercial and residential
development that emphasize the following concepts:

Consider expanding existing design standards to include tree planting programs
and requirements. This should include programs such as the Arbor Day
Foundation’s Tree City USA.

Consider enhancing the existing sign ordinance and storm drainage
requirements.

Consider enhancing the community entrances to support a positive feeling on
entering the community.

Consider adding design standards for non-residential buildings that will address
aesthetics and community appearance.Promote thoughtful pedestrian-oriented
layout of buildings, parking, circulation and access, service, emergency access,
and on-site amenity elements.

Employ architectural elements that articulate large buildings into smaller
identifiable pieces.

Integrate usable outdoor amenity space into new residential developments that is
suitable for leisure or recreational activities.

Ensure that lighting contributes to the character of the streetscape and protects
against light pollution.

Place an emphasis on human-scaled design details that contribute to West
Richland’s identity in pedestrian-oriented areas.

Create welcoming and memorable community gateways and enhance mixeduse/commercial district identity.

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

Policy 9

Policy 10

Provide strategic landscaping standards suitable for West Richland’s semi-arid
climate that enhance the streetscape, mitigate the impacts of large parking areas,
soften the appearance of large buildings and screen visible blank walls, provide a
visual buffer between residential and non-residential uses, provide stormwater
management benefits, and conserve water and preserve natural
ecosystemslogical systems to the extent feasible. [Note: updated based on
Planning Commission comments.]

Incorporate objective and predictable setback, landscaping, and other design
standards that mitigate impacts to public health, safety, and welfare. [Note:
Updated based on staff review of public comments provided on the Sept. 15
Planning Commission meeting packet]

Integrate health, and safety, and physical activity considerations into the urban form
of new development and redevelopment.

Establish linear parks and trail networks, to facilitate the ability for residents,
workers, and visitors to walk to and along the facilities.

Encourage an active walkable community by improving sidewalk and bike path
connectivity, increasing access to parks and trails, and establishing zoning to
support small commercial nodes located within walking distance of primarily
residential developmentneighborhoods, where feasible.



Incorporate shade and seating into parks and trails.
Encourage active uses through infill and redevelopment.
Require subdivisions and commercial developments to provide logical,
interconnected street block patterns that support local and regional access.

Enrich the beauty and image of West Richland, by eEnhanceing or createing visual
gateways at primary entryways to West Richland.



Policy 11

LAND USE ELEMENT

Improve the entrance along the Yakima River Gateway.
Continue to maintain and improve the existing monument signs, landscaping,
and signage located throughout the city.

Promote vibrant and inviting business districtsemployment areas within the city.

Continue to work with Benton REA, the local Chamber of Commerce, the regional
chamber, Visit Tri Cities, and other partners on thematic way-finding signage and
directional aids that strengthen community identity and support multi-modal
transportation connectivity and accessibility.

Consider enhancing the existing sign ordinance.

Policy 12

Protect views and natural features unique to the West Richland area that strengthen
community identity.

Policy 13

Enhance the environmental and aesthetic qualities of the City. Encourage the
development of parks and open space framed by commercial or civic buildings, to
allow pedestrians to rest and interact, and to improve the Ccity’s appearance.

NEW Policy

Encourage public art in development projects when appropriate.

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

NEW Policy

LAND USE ELEMENT

Integrate public art into capital facilities, parks, streetscapes, and other public
spaces.

Promote other public art efforts through expanded programmatic support,
education, and public-private partnerships.

Leverage public projects as models of high-quality design through use of quality
building materials, human scale detailing, design character, and landscape materials.

The following related policies are proposed for deletion. Many of the compatibility and aesthetic concepts were clarified to
remove ambiguity and integrated into revised Policy 6.

Policy 8

Ensure adequate buffering between incompatible land use types where necessary.

Policy 27

Require that the location, design, and construction of school facilities be compatible
with surrounding existing and planned land uses, storm water drainage best
management practices, and the development preserves natural ecological systems to
the extent feasible.

Policy 29

Use flexible design standards in multi-family residential development to mitigate
impacts on less intense adjoining land uses.

Consider mitigating impacts of new multi-family residential developments on
single- family neighborhoods in a combination of the following ways: additional
setbacks, buffers, open space, parking areas, fencing, screening, landscape,
recreational space, and architecture. Multi-family residential housing may not
have more floors than the adjacent and nearby single-family dwellings.

Require a binding site plan that identifies: the scale and location of all buildings,
parking areas and driveways, recreational facilities, building elevations, and
landscaping, screening, or fencing.

Policy 30

Require new multi-family residential developments to include transition and
mitigation features when the development is near single-family residential
neighborhoods.

Policy 31

Allow new high-density residences to locate in established residential areas only
when they include features (such as landscaping, design, screening) to maintain
compatibility with, and will not detract from, the existing neighborhood character.

Policy 34

Establish design and performance standards for new and redevelopment commercial
projects to develop with minimal impact on surrounding land uses and assure
pedestrian as well as vehicular access.

Policy 38

Improve the appearance of commercial and industrial areas by creating and
supporting performance standards for all new developments, including, but not
limited to storefronts, signage, landscaping, setbacks, lighting and buffer areas.

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

LAND USE ELEMENT

Revised Goal J to focus on expanding housing choice and improving livability. Compatibility covered more comprehensively
under combined Goals B and F above.

Goal J

Expand the quantity and diversity of housing options for all types
of households while enhancing the livability and vitality of
established neighborhoods.Ensure compatibility of residential
development with established and projected land use patterns.

NEW Policy

Provide for a wide variety of housing types in the city—from single-family and
middle housing to multifamily homes—to meet the full range of housing needs for
West Richland’s evolving population and residents of all incomes and abilities.

Policy 4 [Split]

Consider establishing minimum density thresholds for each residential zoning district
to foster development at appropriate, planned densities. [Note: deleted based on
Planning Commission comments.]

Policy 7

Give preference to locating new high-density development areas where residents will
have access to walking and bicycling amenities, and to public transit.
Place Encourage multi-family residential developments in areas with access to
opportunity, including next to along arterial streets and, along public transportation
routes, and near amenities and other services such as parks, schools, grocery stores,
healthcare facilities, and other retail or job centers, or on the periphery of
commercially designated areas. [Note: updated based on Planning Commission
comments.]

Site schools and other public facilities such as parks within neighborhoods, when
feasible, to allow easy walking to the destinations.

NEW Policy

Support ADU development within existing residential zones by such means as easing
regulatory restrictions, streamlined permitting, education programs, and regular
review of the effectiveness of ADU regulations and fees.

Policy 32

Use natural and topographic changes, when possible, to buffer and separate multifamily residential developments from more intense land usessingle-family
neighborhoods.

Policy 33

Allow for the development of home-based businesses that are incidental to the
home's primary use as a residence and do not create disproportionate levels of noise,
traffic, safety hazards, or other public nuisancesare compatible with the surroundings.

Revised Goal L to focus on supporting a diverse range of economic opportunity. Compatibility covered more comprehensively
under combined Goals B and F above.

Goal L

Facilitate development of Provide for a broad range of mixed use,
commercial, and industrial areas by establishing a mixed-use
land development strategy that attracts and supports local

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

LAND USE ELEMENT

economic growth while enhancing, maintaining, and protecting
the integrity of the community, residential neighborhoods, and the
natural environment.
Policy 35

Encourage and incentivize the infill and rehabilitation of existing commercial areas.

Policy 36

Encourage Plan for commercial and mixed-use developments located on current or
planned future transit corridors and encourage transit-oriented site planning and
design.

Policy 39

Allow and promote economic uses that rely on the region’s Yakima River shoreline,
vineyards, and agriculture—such as agritourism, food and wine production, and riveroriented recreation—while limiting development that would degrade shoreline
function or soil and water capacity.Encourage economic development activities that
take into consideration the capacity of the community’s natural resources areas such
as the river shore, grape growing region, and agriculture. [Note: updated based on
Planning Commission comment, and to incorporate staff feedback. Farmed land in the
city is expected to transition to urban uses over the long term, per state law.]

Policy 40

Locate Allow for convenience-oriented retail and service developments adjacent to
residential neighborhoods and; encourage small-scale neighborhood commercial
usesd directly within all residential areas. Craft permissions based on the size and
expected impact of the use.

NEW Policy

Allow for a diverse mix of commercial spaces, including smaller or more affordable
commercial that promotes entrepreneurship and local employment opportunities.

NEW Policy

Protect industrial lands from encroachment by incompatible land uses which would
reduce the economic viability of industrial lands.

NEW Policy

Limit industrial uses’ adverse community and environmental impacts through the
location of industrial zones, site design, operational standards, and mitigation
measures that protect surrounding neighborhoods and natural resources. [Note:
public comments provided on the Sept. 15 Planning Commission meeting packet
supported this policy, and recommended adding new text calling for impact analysis.
Staff recommends leaving as is, because impact analysis is covered under SEPA review.]

Combined previous Goals C and M to focus on natural environment, recreation, and open space. Aesthetics covered more
comprehensively under combined Goals B and F above.

Goals C + M

Enhance the natural environment,al and aesthetic qualities of the
City. P preserve existing open spaces and recreational
opportunities, and promote incorporation of open and recreational
spaces within new development. [Combined]

NEW Policy

Proactively steward natural systems and discourage development and land use
decisions that significantly adversely impact the viable natural environment or
worsen environmental health disparities.

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

Policy 22 [Split]

Avoid conflicts between land uses, the viable natural environment, and human
activity through land use designations and separation or mitigation measures such as
vegetation buffers and habitat and native vegetation restoration.Foster a harmonious
relationship between the natural and developed environment.


Policy 32

LAND USE ELEMENT

Enhance and protect canal corridors and geological features including
topographic forms and features.

Increase the inventory of dedicated open space within the city, consistent with the
needs assessment, priorities, and level of service standards in the City’s Parks and
Recreation Plan.

Encourage the dedication of land in lieu of park impact fees, for the use of
dedicated open space and/ or developed open space within new plats,
subdivisions, and short plats.


Purchase land for open space using collected park impact fee funds.
Explore opportunities for conservation organizations to own and manage natural
open spaces as part of mitigation for development projects.

[Note: updated based on Planning Commission comments. Commissioners asked if the
first two bullets can be used at the same time, and pointed out that some land is
unsuitable for public open space. Staff response: the City does not usually do both these
things for the same project. The City could choose not to accept land in lieu of fees if
the acquisition were inconsistent with the PROS Plan.
[Note: public comments provided on the Aug. 13 Planning Commission meeting packet
requested revising this policy to reference protection of critical areas. Staff
recommendation is not to do this, because this policy is focused on land acquisition
tools to implement the City’s Parks Plan. Other plan policies call for protection of
critical areas.]
Policy 42

Promote the preservation of natural habitat in the development of new parks and
use native vegetation and other Low-Impact Development principles where feasible.

NEW Policy

Create inclusive and connected recreational spaces, and support culturally
responsive, community-driven park development that reflects local needs and values.

Policy 28

Provide Locate park and recreation facilities adjacent to, or in conjunction with,
Sschool Ddistrict properties whenever possible.

Policy 25 [Split]

Encourage joint use future development of school grounds to complement park
development. [Note: updated based on Planning Commission comments]

Policy 19

Ensure future development occurs in a way that protects the quality and quantity of
ground water used for public consumption.

NEW Policy

Emphasize the use of stormwater management techniques and green infrastructure,
including Low-Impact Development techniques, to maximize water quality and
infiltration and support limited paved areas to mitigate heat impacts. [Note: deleted
based on Planning Commission comments. Combined with policy supporting Low
Impact Development in the Environment Element.]

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CITY OF WEST RICHLAND COMPREHENSIVE PLAN

LAND USE ELEMENT

Policy 22 [Split]

Enhance and protect canal corridors and geological features including topographic
forms and features.

NEW Policy

Prioritize wildland and urban fire safety and protection over preservation.

Suggest moving the following revised goals or policies to other elements:

Goal H

[Move to Capital Facilities] Collaborate with the local school district to provide
adequate opportunities for community utilization of school and municipal facilities.

Policy 24

[Move to Capital Facilities] Work to establish cooperative relationships with public
and community service entities.


Policy 26

Maintain open communications between the City and the School District.

[Move to Transportation] Require improved streets and sidewalks between new
schools and the nearby streets as according to the transportation element policies.

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WEST RICHLAND PLANNING COMMISSION AGENDA ACTION ITEMS
Agenda Item:

Type Of Action:

Meeting Date:

10/1/2026

Subject:

Discussion on: Comprehensive Plan
Update – Implementation Code Updates

Strategic Focus
Area:

SFA#1- Goal 4-Create development policy
codes appropriate to achieve city vision
relative to support commercial and
residential development.

Prepared By:

Eric Mendenhall, Community and
Economic Development Director

Reviewed By:

Frederick Brink, Mayor

☐

Ordinance

☐

☐

Public Hearing

☐

☐

1st Discussion

☒

☐

2nd Discussion

☐

SUGGESTED MOTION: None

ATTACHMENTS:
a. Memo: Periodic Update – Recommended Changes to WRMC
b. Department of Commerce Checklist
c. Draft Regulations.
BACKGROUND INFORMATION:
As part of completing the periodic update of its Comprehensive Plan, the City of West Richland must update the West
Richland Municipal Code (WRMC) (RCW 36.70A.040, WAC 365-196- 800 and 810). Compared to the City’s last periodic
update in 2017, the 2026 update requires more code changes. This is because many new state laws related to the
Growth Management Act (GMA) have been passed since 2017.
SUMMARY:
A full summary of changes are included in the attached memo under “Recommended Changes.”
STAFF RECOMMENDATION:
Review and provide comments as deemed appropriate.

Page 42 of 169

DRAFT

Memorandum
DATE:

September 22, 2026

TO:

Eric Mendenhall, City of West Richland

FROM: Casey Bradfield, BERK Consulting
RE:

Periodic Update – Recommended Changes to WRMC

Introduction
As part of completing the periodic update of its Comprehensive Plan, the City of West Richland
must update the West Richland Municipal Code (WRMC) (RCW 36.70A.040, WAC 365-196800 and 810). Compared to the City’s last periodic update in 2017, the 2026 update requires
more code changes. This is because many new state laws related to the Growth Management
Act (GMA) have been passed since 2017.
West Richland has already completed some of the necessary code updates, and some are
currently under review. The City updated its private sewage disposal code (Chapter 13.06) in
September, 2026 (Ordinance 21-26). The City’s transportation impact fees were adopted in
June, 2026 (Ordinance No. 17-26) and related updates to utility impact fees are being
reviewed. The Lewis and Clark Ranch Subarea Plan and implementing regulations were adopted
in May, 2026 (Ordinance No. 07-26, Ordinance No. 08-26). The City is currently in the process
of reviewing proposed amendments to multifamily parking standards with the Planning
Commission and City Council. The adopted subarea regulations and the proposed multifamily
parking code amendments are not specifically required by state law, but they help meet new
state requirements that jurisdictions make adequate provisions to address housing needs (RCW
36.70A.070(2)(d)).
This memo summarizes additional changes recommended by BERK to update WRMC for
compliance with current state law, except for updates to the critical areas code. City staff led
updates to the critical areas code.

Recommended Changes
Exhibit 1 summarizes the changes recommended by BERK to the WRMC for adoption as part of
the periodic update of the 2026 Comprehensive Plan. The exhibit lists the WRMC sections with
proposed edits, and a short summary of reasons for those edits. The main reason for making
edits is compliance with state law. Some edits were also recommended to improve clarity and
September 22, 2026 West Richland | Periodic Update Recommended Changes to WRMC DRAFT

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organization of the code, or to incorporate staff feedback on opportunities for code
improvements based on trends in permitting and community development.
Exhibit 1. Summary of WRMC Sections Updated & Reasons for Edits
WRMC Section Updated
Title 14 – Administration of Development Regs

Reasons for Edits
Consistency with current RCW 36.70A.070(6)(b), RCW 36.70A.470,
RCW 36.70B, RCW 43.21C, and Commerce’s 2023 guidance on
local project review
Improve clarity and organization of code
Incorporate staff recommendations

Title 15 – Buildings and Construction

Compliance with RCW 36.70A.812

Title 16 – Division of Land

Compliance with RCW 58.17.060(3) and RCW 58.17.145
Remove references to zoning districts that no longer exist
Consistency with updates to Title 14

Chapter 17.09 – Definitions

Add or update terms used in revisions to other WRMC sections
Remove outdated terms
Incorporate staff recommendations

Chapter 17.13 – Land Use Matrix

Compliance with RCW 35A.21.430, RCW 35A.21.460, RCW
36.70A.535, RCW 70.128.140, RCW 36.70A.410
Remove outdated and duplicate terms
Incorporate staff recommendations

Chapter 17.49 – Downtown-Mixed Use District

Compliance with RCW 35.21.992

Chapter 17.54 – General Regulations

Compliance with RCW 35.21.990, RCW 35A.21.360, RCW
35A.21.430, RCW 35A.21.440, RCW 35A.21.460, RCW
36.70A.200, RCW 36.70A.450, RCW 36.70A.535, RCW
36.70A.545, RCW 36.70A.622, RCW 36.70A.681, RCW
36.70A.810, RCW 36.70A.815, WAC 110-300-0010, WAC 110300-0145
Incorporate Benton County Countywide Planning Policies on siting of
essential public facilities
Incorporate staff recommendations

Chapter 17.57 – Off-Street Parking Standards

Compliance with RCW 35A.21.430, RCW 35A.21.440, RCW
36.70A.535, RCW 36.70A.622, RCW 36.70A.817

Chapter 17.58 – LCR Subarea Code

Fix typo

Chapter 18.04 – Environmental Review

Consistency with updates to RCW 43.21C and related edits to
WRMC Title 14
Improve clarity and organization of code
Alignment with current SEPA best practices

September 22, 2026 West Richland | Periodic Update Recommended Changes to WRMC DRAFT

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Commerce Checklist
The Washington State Department of Commerce (Commerce) provides a checklist of
requirements for the periodic update. This tool guided BERK’s recommendations. A completed
version of the development regulations section of the checklist is provided in Attachment A.
City consultant Transpo supported checklist sections on impact fees and concurrency. The
checklist contains similar information as Exhibit 1 but provides greater detail. It documents the
City’s work on the periodic code update and is a resource the City can use to answer questions
about this work.

Code Redlines
Attachment B provides the recommended redlines to WRMC sections. Redlines are shown in
track changes. There are also highlighted sections of code in the redline documents. The
highlighted sections are not redlines. The highlighting shows code sections that were recently
amended, such as by Ordinance No. 07-26 for the Lewis and Clark Ranch Subarea regulations
and by Ordinance No. 10-26 to update procedures for development agreements. The reason
for doing this is to avoid confusion, because at the time BERK downloaded WRMC sections
from Code Publishing, they had not been updated to reflect these ordinances.

Optional Considerations
Many of the recommended code updates respond to state mandates that do not allow
flexibility for local jurisdictions. There are, however, some areas with room for local
interpretation in how to apply new state laws. There are also opportunities to respond to code
update needs based on staff experience with local permitting and community development
trends. In these cases, BERK requested direction from City staff. This included:

Project Review Procedures (Title 14)

Preapplication Conferences (14.02.010): The City’s 5-day staff comment review period
for preapplication conferences was retained, even though a longer time is allowed.

Project Permit Application Processes (14.01.030): The table was updated to include
which types of projects are subject to administrative appeal and which body hears the
appeals. WRMC citations were added for easy cross-reference.

Submission and Acceptance of Applications (14.02.030): The City’s 90-day grace period
for an applicant to submit materials needed after notice of an incomplete application
was retained, even though a shorter time is now allowed.

Notice of Final Decision (14.05.090). The City’s 120 day review period for issuing a
notice of final decision was extended to 170 calendar days, as is now allowed.

Land Use Matrix (Chapter 17.13)

Updates and clarifications were made based on staff input. These changes were
recommended based on staff experience with permitting and community development,
not because of changes in state law.
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Clarified that single family detached homes are not allowed in MR zone.

Updated to allow clinics and libraries in D-MU zone.

Updated to allow small-scale food and beverage manufacturing in CLI and LI zones.

Updated to allow contractor storage as secondary use in CLI zone.

Minimum requirements were met under state law for allowing co-living housing in the
City. No optional development incentives were provided.

Emergency Shelters and Emergency Housing (*NEW* Section 17.54.061)

Written Certification: Optional language was included to require written certification
that the sponsor or managing agency has completed certain tasks prior to operation.

Spacing: Optional language was included to allow the City to enter good faith
negotiations if a proposed location of an emergency shelter or emergency housing is
within 500 feet of another emergency shelter or emergency housing, or within 500 feet
of a school (Note: this option does not apply to facilities serving children or victims of
domestic violence).

Parking: Optional off-street parking requirements were included for these uses.

Child Care Centers (Section 17.54.041)

Updated to allow duplexes on corner lots in RM-6 and RM-10 zones, with one
doorway and one garage allowed per street side.

Co-living Housing (*NEW* Section 17.54.063)

Reasonable performance standards: Optional language was included to provide
reasonable performance standards for child care centers for loading, landscaping, and
screening. Per state law (RCW 35.21.996), child care centers are required to be
permitted outright in most zones, including residential zones.

Accessory Dwelling Units (Section 17.54.095)

Number of ADUs: Optional language was included capping the number of ADUs per lot
at two. This is the minimum required under state law (RCW 36.70A.681).

Floor Area: Optional language was included establish a maximum gross floor area of
1,200 square feet. The lowest allowed under state law is 1,000 square feet (RCW
36.70A.681).

Number of Bedrooms: Optional language was included capping the number of
bedrooms per ADU at two.

Utility Connections: Optional language was included clarifying requirements for utility
connections.

Affordable Housing Development Density Bonus for Religious Organizations (*NEW*
Section 17.54.062)

Density Bonus Specifics: State law requires a density bonus for affordable housing
located on property owned by a religious organization, provided the proposed
development meets affordability thresholds and other requirements under RCW

September 22, 2026 West Richland | Periodic Update Recommended Changes to WRMC DRAFT

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36.70A.545. The City must define the specifics of the density bonus and framework for
approval.

Environmental Review (Chapter 18.04)

Updates were made for alignment with current SEPA best practices.

Changes were made to remove administrative appeals for SEPA.

Off-street Parking Standards (Section 17.57.080)

Incorporated Commerce’s optional, example parking dimensions for the total length,
curb width, and aisle width measurements in columns D, E and F of Table 17.57.3. Only
rows B and C are regulated by RCW 36.70A.622(1)(e). Row A provides the angle
measurement that the other dimensions are based on.

Adequate Provisions for Housing

The City Council and Planning Commission held a joint meeting on June 9, 2026 to
discuss housing policy and regulatory changes for the periodic update. Their direction
for meeting state requirements for adequate provisions was twofold:

Recognize recent updates to WRMC encouraging development that meets housing
needs, notably adoption of the Lewis and Clark Ranch Subarea and implementing
regulations. This action significantly increased the land capacity in West Richland
for middle housing and multifamily housing.

Update WRMC to right-size multifamily parking requirements and encourage
multifamily development. (This code update is moving forward via a separate,
accelerated process ahead of the proposed updates in Attachment B).

Add Comprehensive Plan policies supporting new programs or partnerships to
improve financial feasibility of affordable housing.

Attachments
A. Commerce Periodic Checklist – Section II Development Regulations
B. WRMC Sections with Proposed Redlines
a. Title 14 – Administration of Development Regs
b. Title 15 – Buildings and Construction
c. Title 16 – Division of Land
d. Chapter 17.09 – Definitions
e. Chapter 17.13 – Land Use Matrix
f.

Chapter 17.49 – Downtown-Mixed Use District

g. Chapter 17.54 – General Regulations
h. Chapter 17.57 – Off-Street Parking Standards
i.

Chapter 17.58 – LCR Subarea Code

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j.

Chapter 18.04 – Environmental Review

September 22, 2026 West Richland | Periodic Update Recommended Changes to WRMC DRAFT

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LOCAL GOVERNMENT DIVISION
GROWTH MANAGEMENT SERVICES

Periodic Update Checklist for Fully-Planning Cities
Notice: This checklist has been updated with new 2025 GMA legislation. Rows that include new
2025 legislative changes or updated Commerce guidance are shown in light orange
, and
all statutory changes adopted since 2015 are emphasized in highlighted text to help identify new
GMA requirements that may not have been addressed during the last periodic update or through
other amendments outside of the required periodic update process. Additionally, amendments
to the GMA are summarized in this document on Commerce’s GMA Laws and Rules webpage.

Note: this document is being used to track
updates to West Richland’s code. It only
contains Section II of the checklist
(Development Regulations)
DRAFT September 22, 2026

Overview: This checklist is intended to help cities that are fully planning under the Growth Management Act (GMA, RCW 36.70A.040) conduct the
“periodic review and update” of comprehensive plans and development regulations required under RCW 36.70A.130 (5). This checklist identifies
components of comprehensive plans and development regulations that may need updating to reflect the latest local conditions or to comply with GMA
changes since the last periodic update cycle (2015-2018).
Local governments should review local comprehensive plan policies, countywide planning policies and multicounty planning policies (where
applicable) to be consistent with the new requirements.

Checklist Instructions
Please use the most recent versions of your comprehensive plan and development regulations to fill out each item in the checklist and answer the
following questions:
Is this item addressed in your current plan or development regulations? If YES, fill in the form with citation(s) to where in the plan or regulation the
item is addressed. Where possible, we recommend citing policy or goal numbers by element rather than page numbers, since these can change. If you
have questions about the requirement, follow the hyperlinks to the relevant statutory provisions or rules. If you still have questions, visit the Commerce
Periodic Update webpage or contact the Commerce planner assigned to your region.

Page 49 of 169

Is amendment needed to meet current statute? Check YES to indicate a change to your plan will be
needed. Check NO to indicate that the GMA requirement has already been met. Local updates may not
be needed if the statute has not changed since your previous update, if your jurisdiction has kept current
with required inventories, or if there have not been many changes in local circumstances.
Use the “Notes” column to add additional information to note where your city may elect to work on or
amend sections of your plan or development regulations, to call out sections that are not strictly required
by the GMA, or to indicate if the item is not applicable to your jurisdiction.
Submit your checklist! This will be the first deliverable under your periodic update grant (PUG).
PlanView system and instructions: Completed checklists can be submitted through Commerce’s
PlanView portal. The PlanView system allows cities and counties to submit and track amendments to
comprehensive plans or development regulations online, with or without a user account. You can also
submit via email: [email protected]. Fill out and attach a cover sheet, a copy of your
submittal and this checklist. Please be advised that Commerce no longer accepts paper submittals.
For further information about the submittal process, please visit Commerce’s Growth Management Act
Laws and Rules webpage.

Need help?
Please visit Commerce’s periodic
update webpage for additional
resources.
Or contact your assigned regional
planner
Or contact:
Suzanne Austin, AICP
Senior Planner
Growth Management Services
WA Department of Commerce
509.407.7955
[email protected]

Additional Checklists
Supplemental checklists have been created to assist local governments with completion of their periodic updates. In addition to this periodic update
checklist, the below linked checklists are required PUG deliverables if using PUG funds to update housing regulations or a Critical Areas Ordinance.
Housing:
Accessory Dwelling Units (ADU) Checklist
Co-living Checklist
Expanded Housing Checklist
Middle Housing Checklist
Residential Parking Checklist
STEP Checklist (Emergency Shelter, Transitional Housing, Emergency Housing and Permanent Supportive Housing)
Critical Areas Ordinance:
Critical Areas Checklist
PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – UPDATED NOVEMBER 2025 – West Richland Code Update Tracker, DRAFT September 22, 2026
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Checklist Navigation
Section I:
Comprehensive Plan*

Section II:
Development Regulations

LAND USE

CRITICAL AREAS

HOUSING

ZONING CODE

CAPITAL FACILITIES

SHORELINE MASTER PROGRAM

UTILITIES

RESOURCE LANDS

TRANSPORTATION

ESSENTIAL PUBLIC FACILITIES

SHORELINE

SUBDIVISION CODE

ESSENTIAL PUBLIC FACILITIES

STORMWATER

TRIBAL PLANNING

ORGANIC MATERIALS MANAGEMENT

CLIMATE CHANGE & RESILIENCY

IMPACT FEES

ECONOMIC DEVELOPMENT

CONCURRENCY & TDM

PARKS & RECREATION

TRIBAL PARTICIPATION

OPTIONAL ELEMENTS

REGULATIONS FOR OPTIONAL ELEMENTS

CONSISTENCY

PROJECT REVIEW PROCEDURES

PUBLIC PARTICIPATION

PLAN & REGULATION AMENDMENTS

*Note: Section 1 removed. This document is being used to track changes to development regulations.
PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – UPDATED NOVEMBER 2025 – West Richland Code Update Tracker, DRAFT September 22, 2026
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Section II: Development Regulations
Must be consistent with and implement the comprehensive plan. RCW 36.70A.040, WAC 365-196-800 and 810

Critical Areas

Regulations protecting critical areas are required by RCW 36.70A.060(2), RCW 36.70A.172(1), WAC 365-190-080 and WAC 365-195-900 through 925.
Please visit Commerce’s Critical Areas webpage for resources and to complete the Critical Areas Checklist. Critical areas regulations must be reviewed and updated,
as necessary, to incorporate legislative changes and best available science. Jurisdictions using periodic update grant funds to update critical areas regulations must
submit the critical areas checklist as a first deliverable, in addition to this periodic update checklist.

Zoning Code
Note: Please review the new 2025 housing laws in the Washington State Housing Laws of 2019 through 2025 guidance on Commerce’s Planning for
Housing webpage.
For a personalized list of housing requirements applicable to your jurisdiction, see the Housing Planning Requirements Tool, which can be downloaded
here: Housing Planning Requirements Tool.
In Current Regs?
Yes/No
If yes, cite section
a. Zoning designations are consistent and
implement land use designations that
accommodate future housing needs by income
bracket as allocated through the countywide
planning process. (RCW 36.70A.070(2)(c) amended in 2021 and RCW 36.70A.115
Note: Zoning must reflect sufficient land capacity
for all income housing needs, including
emergency housing and permanent supportive
housing.

Yes
WRMC Chapter
17.12

Changes needed to
meet current
statute?

Notes

Yes/No

No

City zoning as of May, 2026 (following approval
of Lewis & Clark Ranch Subarea Plan) can
Completed: ☐
accommodate growth targets at all AMI levels. Date:
See Housing Element Technical Appendix.

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b. Permanent supportive housing and transitional
housing must be allowed where residences and
hotels are allowed. Any limitations on occupancy,
spacing or intensity of use must be connected to
public health and safety and allow the siting of a
sufficient number of units and beds necessary to
meet projected housing needs. RCW 35A.21.430
new in 2021, RCW 35.21.683 new in 2021 (HB
1220)
“permanent supportive housing” is defined in
RCW 36.70A.030(33); “transitional housing” is
defined in RCW 84.36.043(3)(c)
For more information about housing regulatory
changes regarding emergency shelters,
transitional housing, emergency housing and
permanent supportive housing (STEP) see STEP
Checklist on the Updating GMA Housing Elements
webpage. (Housing Element Book 2, (pages 4350) and STEP Model Ordinance, User Guide and
Best Practices Report (pages 27-28)

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

If yes, cite section

Yes/No

Notes

Updated Chapter 17.09 with the following
definitions (affordable housing, permanent
supportive housing, religious organization,
transitional housing).
No
Chapter 17.13

Yes

Updated Chapter 17.13 to add these uses to the
Land Use Matrix (residential and commercial)
Updated chapter 17.54 and added regulations
around transitional housing and PSHs (see new
section 17.54.060)
Updated chapter 17.57, Table 17.57.2 with
Required Parking Spaces for emergency shelters
and indoor emergency housing

PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – UPDATED NOVEMBER 2025 – West Richland Code Update Tracker, DRAFT September 22, 2026
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Completed: ☐
Date:

Page 53 of 169

In Current Regs?
Yes/No
If yes, cite section
c. Indoor emergency shelters and indoor emergency
housing must be allowed in any zones in which
hotels are allowed, except in cities that have
adopted an ordinance authorizing indoor
emergency shelters and indoor emergency
housing in a majority of zones within one mile of
transit. Any limitations on emergency housing and
emergency shelter must be connected to public
health and safety and allow the siting of a
sufficient number of units and beds necessary to
meet projected needs. RCW 35A.21.430 new in
2021, RCW 35.21.683, new in 2021

Changes needed to
meet current
statute?
Yes/No

Updated Chapter 17.09 with the following
definitions (emergency housing, emergency
shelter).

No
Chapter 17.13

Updated Chapter 17.13 to add these uses to the
Land Use Matrix (residential and commercial)
Yes

“emergency housing” is defined in RCW
36.70A.030(15); “emergency shelter” is defined in
RCW 36.70A.030(16)

Completed: ☐
Updated chapter 17.54 and added regulations Date:
around emergency shelters and housing (see new
section 17.54.061)
Updated chapter 17.57, Table 17.57.2 with
Required Parking Spaces for emergency shelters
and indoor emergency housing

(Housing Element Book 2 (pages 43-50) and
STEP Model Ordinance, User Guide and Best
Practices Report (pages 27-28)
d. The number of unrelated persons that occupy a
household or dwelling unit except as provided in
state law, for short-term rentals, or occupant load
per square foot shall not be regulated or limited
by cities. (HB 5235) RCW 35.21.682 new in 2021,
RCW 35A.21.314 new in 2022

Notes

Yes
WRMC 17.09.090
(definition of
household)

Yes

Original code had limit on number of unrelated
residents (up to six). Removed “up to six” in
“household” definition (WRMC 17.09 Definitions)
to comply with RCW 35.21.682 and RCW
Completed: ☐
35A.21.314 and HB 5235.
Date:
Also updated 17.54.095(B)(5) to remove
occupancy requirements in ADUs.

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In Current Regs?
Yes/No
If yes, cite section
e. May not require off-street parking as a condition
of permitting the following types of residential
projects: affordable housing, new construction or
the retrofit of existing buildings meeting passive
house requirements, modular construction, or
mass timber construction. RCW 36.70A.817 (new

Changes needed to
meet current
statute?

Notes

Yes/No

No

Yes

f. Parking requirements must allow tandem, gravel
or grass pavers and new spaces must be at least
8 by 20 feet in size. Existing and non-conforming
parking must be allowed to meet parking
requirements for up to six spaces. RCW
36.70A.622, new in 2024. See Residential Parking
Checklist for more parking details.

No

Yes

g. Family day care providers are allowed in all
residential dwellings located in areas zoned for
residential or commercial RCW 36.70A.450.
Review RCW 43.216.010 for definition of family
day care provider and WAC 365-196-865 for more
information.

Yes
Chapter 17.13
Section 17.09.050
Section 17.54.044

Added WRMC 17.57.020(A)(12), to reflect RCW
36.70A.817

in 2025)

Completed: ☐
Date:

Due: The sooner of six months after the next
periodic update or six months after the next 5year implementation progress report.

Added “tandem” in WRMC Definitions.
Completed: ☐
Updated WRMC 17.57 to reflect RCW 36.70A.622. Date:

Added “family day care provider” to WRMC
Definitions.
Yes

Updated WRMC 17.54.044(E) and 17.13.030 to
clarify requirements in alignment with RCW
36.70A.450.

PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – UPDATED NOVEMBER 2025 – West Richland Code Update Tracker, DRAFT September 22, 2026
7

Completed: ☐
Date:

Page 55 of 169

h. New in 2025, ESSB 5509: cities, towns and code
cities must allow childcare centers outright
(permitted without special review and approval) in
all zones except industrial zones, light industrial
zones and open space zones (jurisdictions may
require conditional use permits in industrial and
light industrial).

Yes
Chapter 17.13

Yes

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

If yes, cite section

Yes/No

Updated Land Use Matrix to permit child care
centers in all zones (except industrial and open Completed: ☐
space). Added standards in WRMC 17.54.041 for Date:
loading and landscaping/screening.

Due: June 30, 2027, for cities with periodic
updates due June 30, 2027. Other cities are
due July 27, 2027.

i. Manufactured housing is regulated the same as
site built housing. RCW 35.21.684 amended in
2019, RCW 35.63.160, RCW 35A.21.312 amended
in 2019 and RCW 36.01.225 amended in 2019. A
Yes
local government may require that manufactured
Section 17.l09.140
homes: (1) are new, (2) are set on a permanent
Section 17.54.090
foundation, and (3) comply with local design
standards applicable to other homes in the
neighborhood but may not discriminate against
consumer choice in housing.
j. Two accessory dwelling units (ADUs) must be
allowed on all residential lots that allow single
family homes within an urban growth area, with
some limitations. See Commerce’s ADU webpage
for more information. RCW 36.70A.680 and RCW
36.70A.681 (new in 2023)
Use the ADU checklist on the ADU webpage to
review local regulations and update consistent
with state statute. Any conflicting rules will be
preempted by state statute on the due date of the
periodic update.

Yes

Notes

Reviewed 17.54.090 and removed item G, as it
Completed: ☐
implied a garage or carport would be required,
Date:
which is not a requirement with site-built housing.

Updated ADU definition (17.09.020) to align with
ADU checklist (a).

Yes
Section 17.13.020
Section 17.54.095

Yes

Updated 17.54.095 to comply including updates
related to minimum lot size, ADU configurations,
number of ADUs allowed, building and lot
Completed: ☐
compliance, height, total floor area, occupancy
Date:
parking, utilities, short-term rentals, and
condominium ownership.
Added definition of “major transit stop” as it
relates to parking requirements for ADUs.

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Updated City’s impact fees to include impact fees
for ADUs consistent with RCW.

k. If subject to middle housing requirements use
the Middle Housing Checklist to review and
update code requirements prior to deadline. RCW
36.70A.635, new in 2023
Any conflicting rules will be preempted by state
statute on the due date of the periodic update.
Model Ordinances: there are two model
ordinances based on city population size.
Additional resources are available for preempted
cities, including a building permit review checklist.
See the Middle Housing webpage for more
information and guidance documents.

NA

NA

In Current Regs?
Yes/No
If yes, cite section

Changes needed to
meet current
statute?
Yes/No

Notes
Added definition for “co-living” and “sleeping unit”
Updated 17.13.020 and 17.13.030 (land matrices)
to allow co-living housing.

l. Co-living must be allowed as a permitted use on
any lot located within an urban growth area that
allows at least six multifamily residential units,
including on a lot zoned for mixed use
development. RCW 36.70A.535, new in 2024
contains specific standards for size, density
calculations, connection fees and parking.

Completed: ☐
Date:

Added section 17.54.063 re: co-living housing,
which addresses items b-j in the co-living
checklist.
No

Yes
Added off-street parking requirements (0.25
parking spaces per sleeping unit unless it is
within half-mile of a major transit stop).

Must be adopted by December 31, 2025
Note: see new Co-living Checklist and guidance
on the middle housing webpage.

Completed: ☐
Date:

City is updating its impact fees this fall through
work led by Public Works with a different
consultant, and is addressing co-living.
m. Residential structures occupied by persons with
handicaps, and group care for children that meets
the definition of “familial status” are regulated the
same as a similar residential structure occupied

No

Yes

Updated to permit residential care facilities
(same as adult family homes) in all residential
zones and in commercial zones where other
residential is allowed.

PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – UPDATED NOVEMBER 2025 – West Richland Code Update Tracker, DRAFT September 22, 2026
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Completed: ☐
Date:

Page 57 of 169

by a family or other unrelated individuals. No city
or county planning under the GMA may enact or
maintain ordinances, development regulations, or
administrative practices which treat a residential
structure occupied by persons with handicaps
differently than a similar residential structure
occupied by a family or other unrelated
individuals. RCW 36.70A.410, RCW 70.128.140
and 150, RCW 49.60.222-225 and WAC 365-196860
n. Affordable housing programs enacted or
expanded under RCW 36.70A.540 amended in
2022 comply with the requirements of this
section. Examples of such programs may include:
density bonuses within urban growth areas,
height and bulk bonuses, fee waivers or
exemptions, parking reductions, expedited
permitting conditioned on provision of lowincome housing units, or mixed-use projects.
WAC 365-196-300

No

No

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

If yes, cite section

The City has not enacted any affordable housing
programs. The draft 2026 Comprehensive Plan
includes policy guidance to support affordable Completed: ☐
housing financial feasibility in other ways, such Date:
as considering MFTE and exploring partnerships
to improve access to funding sources.

Notes

Yes/No

o. Only certain regulations may be placed on
outdoor encampments, safe parking efforts,
indoor overnight shelters and temporary small
houses on property owned or controlled by a
religious organization. RCW 35.21.915 and RCW
35A.21.360, amended in 2020

No

No

p. Allow an increased density bonus consistent with
local needs for any affordable housing
development of any single-family or multi-family
residence located on real property owned or
controlled by a religious organization. RCW
36.70A.545, new in 2019.

No

No

The City did not have regulations related to
hosting homeless by religious organizations.
Completed: ☐
New section WRMC 17.54.062 added, consistent Date:
with Commerce STEP model ordinance.

The City code did not address this topic. New
section WRMC 17.54.062 added, based on
Commerce STEP model ordinance.

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10

Completed: ☐
Date:

Page 58 of 169

q. Reduce restrictions for additional housing units
within existing commercial, mixed-use and multifamily buildings by exempting the added units
from density limits, parking and other regulatory
requirements. RCW 35A.21.440, new in 2023 and
RCW 35.21.990, new in 2023, (HB 1042) updated
in 2025 by HB 1757
r. Retrofits of existing buildings to be used for
residential housing must be allowed to project
into required setbacks and exceed height limits by
up to eight inches to accommodate the addition
of necessary insulation. Gross floor area must be
measured from the interior face of the exterior
walls. RCW 36.70A.810, new in 2025.

Added a new section, WRMC 17.54.070, which
incorporates these new requirements.
No

Yes

Updated WRMC 17.57.020 with a cross reference Completed: ☐
to parking regulations.
Date:
Added a new footnote to matrixes in 17.13.020
and 17.13.030 with cross reference to 17.54.070.

No

Yes

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

If yes, cite section

Yes/No

No

Yes

No

No

Added a new section, WRMC 17.54.070, which
incorporates these new requirements.

Completed: ☐
Date:

Due: The sooner of six months after the next
periodic update or six months after the next 5year implementation progress report.

s. May not require façade modulation or upper-level
setbacks as a condition of permitting the
following types of residential projects: affordable
housing, new construction or retrofit of existing
buildings meeting passive house requirements,
conversion of existing buildings to housing or
mixed-use development that includes housing,
modular construction, or mass timber
construction. RCW 36.70A.815, new in 2025

Notes

Updated WRMC 17.54.120 & 17.54.100.

Completed: ☐
Date:

Due: The sooner of six months after the next
periodic update or six months after the next 5year implementation progress report
t. Must not adopt, impose or enforce requirements
on an affordable housing development that are
different than the requirements imposed on

The city code does not address the topic of
Completed: ☐
affordable housing or have an affordable housing
Date:
program.

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housing developments generally. RCW
36.130.020 (2008)

u. May not require unit sizes for affordable housing
units for low-income or very low-income
households to exceed 400 sq. ft. for a studio
unit, 550 sq. ft. for a one-bedroom unit, 750 sq.
ft. for a two-bedroom unit, and 1,000 sq. ft. for a
three-bedroom unit. If the average unit size in the
project is smaller than the size requirements in
this section, in which case the city must allow
the affordable housing units to be of a
comparable size as the market rate units. RCW
36.70A.819, new in 2025

No

No

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

The West Richland Municipal Code does not
establish minimum size requirements for
affordable housing units that would conflict with
Completed: ☐
RCW 36.70A.819, however the Land Use Matrices
Date:
have some square footage minimums for
dwelling units. Notes were added to the Land Use
Matrices to ensure consistency with this law.

Due: The sooner of six months after the next
periodic update or six months after the next 5year implementation progress report

If yes, cite section
v. New construction or retrofits of existing buildings
for residential housing and for buildings meeting
passive house requirements must be allowed to
project into required setbacks and exceed height
limits by up to eight inches to accommodate the
addition of necessary insulation. Gross floor area
must be measured from the interior face of the
exterior walls. RCW 36.70A.810 and .812, new in
2025
Due: The sooner of six months after the next
periodic update or six months after the next 5year implementation progress report

Notes

Yes/No

Added a new section, WRMC 17.54.070, which
incorporates these new requirements for
retrofits.
No

Yes
Added a new section to Title 15 for new
construction or retrofit of existing buildings
meeting passive house requirements.

PERIODIC UPDATE CHECKLIST FOR FULLY PLANNING CITIES – UPDATED NOVEMBER 2025 – West Richland Code Update Tracker, DRAFT September 22, 2026
12

Completed: ☐
Date:

Page 60 of 169

w. Must allow a building to exceed maximum roof
height limits by at least 48 inches to
accommodate a roof-mounted solar energy panel.
RCW 36.70A.813, new in 2025.

No

Yes

Amended definition of building height.

Due: The sooner of six months after the next
periodic update or six months after the next 5year implementation progress report.

Regulatory changes made as part of the 2026
periodic update included complying with state
requirements for co-living, ADUs, and STEP
housing. In September 2026, the City is in the
process of reviewing and adopting new parking
requirements for multifamily housing. In May
Completed: ☐
2026, the City adopted the LCR Subarea Plan and
Date:
implementing code that significantly increased
capacity for middle and multifamily housing.
Additionally, the draft 2026 Comprehensive Plan
includes policies supporting new programs or
partnerships to improve financial feasibility of
affordable housing.

x. Implement comprehensive plan and adequate
provisions for all economic segments in the
development regulations with the periodic
update. RCW 36.70A.130(1)(a) and (5)(a), RCW
36.70A.070(2)(d) and recent case law
(Futurewise, Kian Bradley, and Trevor Reed v.
City of Mercer Island, 2025, p. 41).

y. Regulations discourage incompatible uses
around general aviation airports. RCW 36.70.547
and WAC 365-196-455. Incompatible uses
include: high population intensity uses such as
schools, community centers, tall structures, and
hazardous wildlife attractants such as solid
waste disposal sites, wastewater or stormwater
treatment facilities, or stockyards. For more

Completed: ☐
Date:

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

If yes, cite section

Yes/No

NA

NA

Notes

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Completed: ☐
Date:

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guidance, see WSDOT’s Aviation Land Use
Compatibility Program.
z. If a U.S. Department of Defense (DOD) military
base employing 100 or more personnel is within
or adjacent to the jurisdiction, zoning should
discourage the siting of incompatible uses
adjacent to military base. RCW 36.70A.530(3)
and WAC 365-196-475. Visit Military One Source
to locate any bases in your area and help make
determination of applicability. If applicable,
inform the commander of the base regarding
amendments to the comprehensive plan and
development regulations on lands adjacent to
the base.

NA

NA

Completed: ☐
Date:

aa. Electric vehicle infrastructure (jurisdiction
specified: adjacent to Interstates 5, 90, 405 or
state route 520 and other criteria) must be
allowed as a use in all areas except those zoned
for residential, resource use or critical areas.
RCW 36.70A.695

NA

NA

Completed: ☐
Date:

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Shoreline Master Program

Consistent with RCW 90.58 Shoreline Management Act of 1971
In Current Regs?
Yes/No
If yes, cite section
a. Zoning designations are consistent with
Shoreline Master Program (SMP) environmental
designations. RCW 36.70A.480
b. If updated to meet RCW 36.70A.480 (2010), SMP
regulations provide protection to critical areas in
shorelines that is at least equal to the protection
provided to critical areas by the critical areas
ordinance. RCW 36.70A.480(4) and RCW
90.58.090(4)

Changes needed to
meet current
statute?

Notes

Yes/No

Yes
SMP (Ord. 04-21)

No

Yes
SMP (Ord. 04-21)

No

West Richland’s current SMP was adopted by the
City and approved Ecology in 2021. Ordinance 04- Completed: ☐
21- regulations are in the SMP and were not
Date:
codified.

See Ecology’s shoreline planners’ toolbox for the
SMP Checklist and other resources and Ecology’s
Shoreline Master Programs Handbook webpage

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Date:

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Resource Lands

Defined in RCW 36.70A.030(3), (12) and (17) and consistent with RCW 36.70A.060 and RCW 36.70A.170.
Many cities do not have designated resource lands, and these items may not apply.
In Current Regs?
Yes/No
If yes, cite section
a. Zoning is consistent with natural resource lands
designations in the comprehensive plan and
conserves natural resource lands. RCW
36.70A.060(3), WAC 365-196-815 and WAC 365190-020(6). Consider innovative zoning
techniques to conserve agricultural lands of longterm significance RCW 36.70A.177(2). See also
WAC 365-196-815(3) for examples of innovative
zoning techniques.

Changes needed to
meet current
statute?

Notes

Yes/No

NA

NA

Completed: ☐
Date:

NA

NA

Completed: ☐
Date:

c. For designated agricultural land, regulations
encourage nonagricultural uses to be limited to
lands with poor soils or otherwise not suitable for
agricultural purposes. Accessory uses should be
located, designed and operated to support the
continuation of agricultural uses. RCW
36.70A.177(3)(b)

NA

NA

Completed: ☐
Date:

d. Designate mineral lands and associated
regulations as required by RCW 36.70A.131and
WAC 365-190-040(5). For more information
review the WA State Dept. of Natural Resources
(DNR)’s Geology Division site

NA

NA

Completed: ☐
Date:

b. Regulations to assure that use of lands adjacent
to natural resource lands does not interfere with
natural resource production. RCW
36.70A.060(1)(a) and WAC 365-190-040
Regulations require notice on all development
permits and plats within 500 feet of designated
natural resource lands that the property is within
or near a designated natural resource land on
which a variety of commercial activities may
occur that are regulations to implement
comprehensive plan.

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Siting Essential Public Facilities

Regulations for siting essential public facilities should be consistent with RCW 36.70A.200 and consider WAC 365-196-550. Essential public facilities
include those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities, state and
local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group
homes, and secure community transition facilities. Regulations may be specific to a local jurisdiction but may be part of countywide planning policies
(CPPs).
In Current Regs?
Yes/No
If yes, cite section
Regulations for CPPs include a process for siting
EPFs and ensure EPFs are not precluded. RCW
36.70A.200 amended in 2023, WAC 365-196-550(6)
lists process for siting EPFs. WAC 365-196-550(3)
details preclusions. EPFs should be located outside
Yes
of known hazardous areas.
Section 17.09.060
Visit Commerce’s Behavioral Health Facilities
Section 17.54.452
Program page for information on establishing or
expanding new capacity for behavioral health EPFs.

Changes needed to
meet current
statute?

Notes

Yes/No

Yes

WRMC 17.09.060 updated for consistency with
current EPF definition in RCW 36.70A.200. WRMC
Completed: ☐
17.54.452 updated to incorporate CWPP (Section
Date:
5 Policy 11) guidance on siting.

Note: RCW 36.70A.200 amended 2023 by SB 5536
to include EPFs for opioid treatment programs

Subdivision Code
a. Subdivision regulations are consistent with and
implement comprehensive plan policies. RCW
36.70A.030(8), RCW 36.70A.040(4)

Yes
Title 16

b. Written findings to approve subdivisions
establish adequacy of public facilities. RCW
58.17.110 amended in 2018
 Streets or roads, sidewalks, alleys, other
public ways, transit stops, and other features
that assure safe walking conditions for
students.
 Potable water supplies, sanitary wastes, and
drainage ways. RCW 36.70A.590 amended
2018
 Open spaces, parks and recreation, and
playgrounds
 Schools and school grounds

Yes
Chapters 14.04
Chapter 16.04
Chapter 16.05
Section 16.05.050
& .060

Yes

Title 16 updated to remove references to zoning Completed: ☐
districts that no longer exist.
Date:

No

City code currently requires a consistency review
of applicable development regulations and need
Completed: ☐
to address the availability and adequacy of
Date:
infrastructure and public facilities as specified in
the Comprehensive Plan.

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Other items related to the public health, safety
and general welfare, WAC 365-196-820(1).
In Current Regs?
Yes/No
If yes, cite section

Changes needed to
meet current
statute?
Yes/No

c. Preliminary subdivision approvals under RCW
58.17.140 and RCW 58.17.170 are valid for a
period of five or seven years (previously five
years).
Note: preliminary plat approval is valid for: seven
years if the date of preliminary plat approval is on
or before December 31, 2014; five years if the
preliminary plat approval is issued on or after
January 1, 2015; and ten years if the project is
located within city limits, not subject to the
shoreline management act, and the preliminary
plat is approved on or before December 31, 2007.
d. Short plat regulations include procedures for unit
lot subdivisions allowing division of a parent lot
into separately owned unit lots. RCW
58.17.060(3) new in 2023 by SB 5258 - section 11,
updated in 2025 by SB 5559.

Yes
Section 16.04.130

No

Notes

No

Yes

Current city regulations state “A final plat meeting
all the requirements of state law, this title, and
Completed: ☐
city regulations must be submitted to the city
Date:
council for approval within five years of the
preliminary plat approval.”

Added new section: WRMC 16.08.120 Unit Lot
Subdivisions.
Also updated definitions in Title 16.

Completed: ☐
Date:

Due by June 30, 2027
e. Regulations allow for lot splitting with concurrent
building permit. RCW 58.17.145, new in 2025 (HB
1096), see also Unit Lot Subdivision Fact Sheet
2024-1025 Public Draft

No

Yes

WRMC Chapter 16.10 to incorporate RCW

Due by June 30, 2027

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Completed: ☐
Date:

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Stormwater
In Current Regs?
Yes/No
If yes, cite section
a. Regulations protect water quality and implement
actions to mitigate or cleanse drainage, flooding,
and storm water run-off that pollute waters of the
state, including Puget Sound or waters entering
Puget Sound. RCW 36.70A.070(1) Regulations
may include: adoption of a stormwater manual
consistent with Ecology’s latest manual for
Eastern or Western Washington, adoption of a
clearing and grading ordinance –See Commerce’s
2005 Technical Guidance Document for Clearing
and Grading in Western Washington.
Adoption of a low impact development ordinance.
See Puget Sound Partnership’s 2012 Low Impact
Development guidance and Ecology’s 2013
Eastern Washington Low Impact Development
guidance.

Changes needed to
meet current
statute?

Notes

Yes/No

Yes
Chapters 13.80,
13.82, & 13.86

No

No

Yes

The City has adopted the Stormwater
Management Manual for Eastern Washington in
its most current version. The SWMPP is updated
Completed: ☐
annually and submitted to Ecology with the MS4
Date:
Annual Report in accordance with Permit
Requirements S9.

Additional Resources: Federal Grants to Protect
Puget Sound Watersheds, Building Cities in the
Rain, Ecology Stormwater Manuals, Puget Sound
Partnership Action Agenda
b. Provisions for corrective action for failing septic
systems that pollute waters of the state.
RCW 36.70A.070(1). See also: DOH Wastewater
Management, Ecology On-Site Sewage System
Projects & Funding

The City updated its private sewage disposal
code (Chapter 13.06) in September, 2026
(Ordinance 21-26)

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Date:

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Organic Materials Management Facilities

New in 2022, HB 1799 added a section to the GMA aimed at reducing the volumes of organic materials collected in conjunction with other solid waste
and delivered to landfills, supporting productive uses of organic material waste and reduction of methane gas (a greenhouse gas).
In Current Regs?
Yes/No
If yes, cite section
New section RCW 36.70A.142; new in 2022
legislation HB 1799: Development regulations
newly developed, updated, or amended after
January 1, 2025 allow for the siting of organic
materials (OM) management facilities as
identified in local solid waste management plans
(SWMP) to meet OM reduction and diversion
goals. Siting to meet criteria described in RCW
70A.205.040(3)

Yes, 17.09.060,
17.09.200,
17.13.030

Changes needed to
meet current
statute?

Notes

Yes/No

No

Organic material recycling facilities (AKA
composting facilities) are allowed in light
Completed: ☒
industrial zones and mixed use light industrial
Date:
zones as they fall under the definition of recycling
process plant. This is adequate to meet the RCW.

See also RCW 36.70.330. For applicability, see
RCW 70A.205.540

Impact Fees

May impose impact fees on development activity as part of the financing for public facilities, provided that the financing for system improvements to
serve new development must provide for a balance between impact fees and other sources of public funds; cannot rely solely on impact fees.
a. If adopted, impact fees are applied consistent
with RCW 82.02.050 amended in 2015, .070,
.080, .090 amended in 2018 and .100.
Note: Impact fee requirements under RCW
82.02.060 (amended in 2023 by SB 5258) must
take effect no later than six months after the
jurisdiction’s next periodic update.

Yes
Chapter 16.14

Yes

The parks impact fee in the City’s master fee
schedule was updated separately as part of the
other periodic code updates, for consistency with
new state ADU requirements.

WAC 365-196-850 provides guidance on how
impact fees should be implemented and spent.
b. Jurisdictions collecting impact fees must adopt
and maintain a system for the deferred collection
of impact fees for single-family detached and
attached residential construction, consistent with
RCW 82.02.050(3) amended in 2016

WRMC 16.14.170 was amended in June 2026 by
Ordinance 17-26 to reference the updated impact
fee study completed in 2026. WRMC 16.14.180
was also updated via the same ordinance to
define “rate study” based on the 2026 impact fee
Completed: ☐
study.
Date:

Yes
16.14.095
16.14.195

No

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Completed: ☐
Date:

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In Current Regs?
Yes/No

Changes needed to
meet current
statute?

If yes, cite section

Yes/No

Notes

No

No

The City is not adopting exemptions for early
learning facilities. Fees that will be adopted,
through the updated impact fee study, for early
learning facilities comply with RCW 82.02.060.

d. If adopted, exemption of impact fees for lowincome and emergency housing development
must be consistent with RCW 82.02.060
amended in 2023. See also definition change in
RCW 82.02.090(1)(b) amended in 2018

Yes
16.14.010
16.14.110
16.14.220

No

No changes, the WRMC complies with RCW
82.02.060.

e. Ensure impact fees are not assessed on the
construction of accessory dwelling units that are
greater than 50 percent (50%) of the impact fees
that would be imposed on the principal unit. RCW
36.70A.681 new in 2023 by HB 1337

No

Yes

The updated Impact Fee Study that was adopted
Completed: ☐
has an impact fee for accessory dwelling units of
Date:
50% of a single-family home.

f. The schedule of impact fees reflects the
proportionate impact of new housing units,
including multifamily and condominium units,
based on the square footage, number of
bedrooms, or trips generated, in the housing unit
in order to produce a proportionally lower impact
fee for smaller housing units. RCW 82.02.060
amended in 2023 by SB 5258

Yes

Yes

The updated Impact Fee Study that was adopted
Completed: ☐
and incorporated into WRMC complies with the
Date:
RCW.

c. If adopted, exemptions on impact fees for early
learning facilities must be consistent with RCW
82.02.060 amended in 2021.

Completed: ☐
Date:

Completed: ☐
Date:

Concurrency and Transportation Demand Management (TDM)

Ensures consistency in land use approval and the development of adequate public facilities as plans are implemented, maximizes the efficiency of
existing transportation systems, limits the impacts of traffic and reduces pollution.
a. The transportation concurrency requirement
includes specific language that prohibits
development when level of service standards for
transportation facilities cannot be met. RCW
36.70A.070(6)(b) amended in 2023, WAC 365196-840.

Yes, TE page T-3,
policy 1f and policy
5e
WRMC 17.09.040

Yes

New section added on currency review under
WRMC 14.04.010.

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Completed: ☐
Date:

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Note: Concurrency is required for transportation,
but may also be applied to park facilities, etc.
In Current Regs?
Yes/No
If yes, cite section
b. Measures exist to bring into compliance locally
owned, or locally or regionally operated,
transportation facilities or services that are below
the levels of service established in the
comprehensive plan. RCW 36.70A.070(6)(a)(iii)(B)
and (D), RCW 36.70A.070(6)(b) amended in 2023

Changes needed to
meet current
statute?

Notes

Yes/No

New section added on currency review under
WRMC 14.04.010 includes measures to bring
projects into compliance.

Completed: ☐
Date:

No

Yes

c. Highways of statewide significance (HSS) are
exempt from the concurrency ordinance. RCW
36.70A.070(6)(a)(iii)(C)

NA

NA

Completed: ☐
Date:

d. Traffic demand management (TDM)
requirements are consistent with the
comprehensive plan. RCW 36.70A.070(6)(a)(vi)
Examples may include requiring new
development to be oriented towards transit
streets, pedestrian-oriented site and building
design, and requiring bicycle and pedestrian
connections to street and trail networks. WAC
365-196-840(4) recommends adopting
methodologies that analyze the transportation
system from a comprehensive, multimodal
perspective.

Yes, TE Policy 1b
and 3f

No

New policy numbering and refined policies are
Completed: ☐
now TE Policy T-1.2 and T-3.6. These policies will
Date:
be adopted with adoption of the Comp Plan.

e. If required by RCW 82.70, a commute trip
reduction (CTR) ordinance to achieve reductions
in the proportion of single-occupant vehicle
commute trips has been adopted. The ordinance
should be consistent with comprehensive plan

NA

NA

Completed: ☐
Date:

Levels of service can be established for
automobiles, pedestrians and bicycles. See WAC
365-196-840(3) on establishing an appropriate
level of service.

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policies for CTR and Department of
Transportation rules.

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Tribal Participation in Planning new in 2022 (see HB 1717)
A federally recognized Indian tribe may voluntarily choose to participate in the county or regional planning process. See Commerce’s new Tribal
Planning Coordination for GMA webpage for guidance and staff contacts. A federally recognized Indian tribe may voluntarily choose (opt-in) to
participate in the local and regional planning processes. See also the Governor’s Office of Indian Affairs map of federally recognized tribes of
Washington State.
In Current Regs?
Yes/No
If yes, cite section
a. Mutually agreeable memorandum of agreement
between local governments and tribes in regard
to collaboration and participation in the planning
process unless otherwise agreed at the end of a
mediation period. RCW 36.70A.040(8)(a) new in
2022.
b. Policies consistent with countywide planning
policies that address the protection of tribal
cultural resources in collaboration with federally
recognized Indian tribes that are invited, provided
that a tribe, or more than one tribe, chooses to
participate in the process. RCW 36.70A.210(3)(i)
new in 2022.
c. New in 2025: urban governmental services may
be extended beyond the city/UGA to property
within the jurisdiction of a federally recognized
Indian Tribe that abuts the city boundary. RCW
36.70A.830

Changes needed to
meet current
statute?

Notes

Yes/No

No

No tribe has reached out to the City regarding the Completed: ☐
MOA process for comprehensive planning.
Date:

No

Yes

New policies were added to the draft Land Use
Element consistent with CWPP Section 10
Completed: ☐
regarding coordination with tribes and protection Date:
of cultural resources.

NA

NA

Completed: ☐
Date:

No

The tribe(s) and city must agree by December 31,
2028.

Regulations to Implement Optional Elements
a. New fully contained communities are consistent
with comprehensive plan policies, RCW
36.70A.350 and WAC 365-196-345

NA

NA

Completed: ☐
Date:

b. If applicable, master planned resorts are
consistent with comprehensive plan policies,
RCW 36.70A.360, RCW 36.70A.362 and WAC 365196-460

NA

NA

Completed: ☐
Date:

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c. If applicable, major industrial developments and
master planned locations outside of UGAs are
consistent with comprehensive plan policies,
RCW 36.70A.365, RCW 36.70A.367 and WAC 365196-465

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

If yes, cite section

Yes/No

NA

NA

d. Regulations include procedures to identify,
preserve, and/or monitor historical or
archaeological resources. RCW 36.70A.020(13),
WAC 365-196-450

e. Other development regulations needed to
implement comprehensive plan policies such as
energy, sustainability or design are adopted. WAC
365-196-445
f. If using design review, requirements must be clear
and objective and must include one or more
ascertainable guideline, standard or criterion by
which an applicant can determine whether a given
building design is permissible under that
development regulation.

Notes

Completed: ☐
Date:

West Richland SMP has been adopted under
WRMC Title 18, which provides provisions to
identify, preserve, and monitor historical
resources.
New policy added to LU Element to consider the Completed: ☐
potential impacts of land use planning decisions Date:
on culturally significant sites and tribal treaty
fishing, hunting, and gathering grounds.

Title 18/SMP

No

NA

NA

Completed: ☐
Date:

Yes
Chapter 14.10

No

West Richland’s Design Guidelines were adopted Completed: ☐
in January 2026.
Date:

May not result in a reduction in density, height,
bulk or scale below the generally applicable
development regulations for a development
proposal in the applicable zone.

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RCW 36.70A.630 new in 2023 by HB 1293, and
updated in 2025 by SB 5558

Project Review Procedures

In 2023, SB 5290 substantially amended local permit review processes. See the Local Project Review webpage for new guidance.
In Current Regs?
Yes/No
If yes, cite section

Changes needed to
meet current
statute?

Notes

Yes/No

Project review processes integrate permit and
environmental review. RCW 36.70A.470, RCW
36.70B and RCW 43.21C.
Also: WAC 365-196-845, WAC 197-11(SEPA Rules),
WAC 365-197 (Project Consistency Rule,
Commerce, 2001) and Ecology SEPA Handbook.
Integrated permit and environmental review
procedures for:





Notice of application
Notice of complete application
One open-record public hearing
Combining public hearings & decisions for
multiple permits
Notice of decision
One closed-record appeal

Yes
Title 14
Chapter 18.04
( 18.04.020)

Yes

Redlines made to Title 14 to update code for
consistency with RCW 36.70 A & B through 2026.
Completed: ☐
Redlines made to Title 18.04 for consistency with
Date:
updates to RCW 43.21 C and local project review
requirements.

Note: new in 2023, see Commerce’s new guidance
for Local Project Review and SB 5290

Plan & Regulation Amendments

If procedures governing comprehensive plan amendments are part of the code, then assure the following are true:
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a. Regulations limit amendments to the
comprehensive plan to once a year (with statutory
exceptions). RCW 36.70A.130(2) and WAC 365196-640(3)

Yes
Chapter 14.09

No

Yes
Section 14.09.020

No

In Current Regs?
Yes/No

Changes needed to
meet current
statute?

b. Regulations define emergency for an emergency
plan amendment. RCW 36.70A.130(2)(b) and
WAC 365-196-640(4)

If yes, cite section

Section 14.09.010 Purpose “.. allows
amendments… only once per year, except as
Completed: ☐
otherwise provided in RCW 36.70A. 130(2)
Date:
The City should consider updating code language
to better align with language in state law.
The current code includes exceptions and cross
references RCW 26.70A.130(2) for when
exceptions are allowed.
“D. Any other circumstance specifically described
in RCW 36.70A.130. For purposes of RCW
Completed: ☐
36.70A.130(2)(b), an emergency may be declared Date:
by the city council when delaying action until the
next annual review process would jeopardize
human safety or property, or otherwise result in
substantial harm to the public.”

Notes

Yes/No

c. Regulations include a docketing process for
requesting and considering plan amendments.
RCW 36.70A.130(2), RCW 36.70A.470, and WAC
365-196-640(6)

Yes
Chapter 14.09

No

Completed: ☐
Date:

d. A process has been established for early and
continuous public notification and participation in
the planning process. RCW 36.70A.020(11), RCW
36.70A.035 and RCW 36.70A.140. See WAC 365196-600 regarding public participation and WAC
365-196-610(2) listing recommendations for
meeting requirements.

Yes
Chapter 14.03
14.09.085
14.09.100

No

Completed: ☐
Date:

e. A process exists to assure that proposed
regulatory or administrative actions do not result
in an unconstitutional taking of private property
RCW 36.70A.370. See the 2018 Advisory Memo

on the Unconstitutional Taking of Private
Property

No

No

Sec. 16.08.090 B - Short Plat – Findings
The Attorney General’s advisory memo
recommends cities develop an internal process
for assessing unconstitutional taking of private
property. This process could be codified.

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Completed: ☐
Date:

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f. Provisions ensure adequate enforcement of
Yes
regulations, such as zoning and critical area
Chapter 1.24 &1.16
ordinances (civil or criminal penalties). See
Chapter 17.81
implementation strategy in WAC 365-196-650(1).

No

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Date:

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City of West Richland, WA

Title 14
ADMINISTRATION OF DEVELOPMENT REGULATIONS
Chapter 14.00
GENERAL PROVISIONS

Chapter 14.01
TYPES OF PROJECT PERMIT
APPLICATIONS

§ 14.01.040.
§ 14.01.050.
§ 14.01.060.
§ 14.01.070.

Public notice of application.
Optional public notice.
Notice of public hearing.

Chapter 14.04
CONSISTENCY WITH DEVELOPMENT
REGULATIONS AND SEPA
§ 14.04.010.
§ 14.04.020.
§ 14.04.030.

Determination of
consistency.
Initial SEPA analysis.
Categorically exempt and
planned actions.

AF

§ 14.01.030.

R

§ 14.01.020.

Procedures for processing
project permits.
Determination of proper
procedure type.
Project permit application
process.
Joint public hearings.
Legislative decisions.
Legislative enactments not
restricted.
Exemptions from project
permit application
processing.

D

§ 14.01.010.

§ 14.03.010.
§ 14.03.020.
§ 14.03.030.

T

§ 14.00.010. Purpose and applicability.
§ 14.00.020.Intent.
§ 14.00.030. Conflict with other
ordinances.
§ 14.00.040. Severability.
§ 14.00.050. Rules of interpretation.
§ 14.00.060. Interpretation of language.
§ 14.00.070. Definitions.

Chapter 14.03
PUBLIC NOTICE

Chapter 14.02
TYPE I – VII PROJECT PERMIT
APPLICATIONS
§ 14.02.010. Preapplication conference.
§ 14.02.020. Project permit application.
§ 14.02.030. Submission and acceptance
of application.
§ 14.02.040. Notice of application.
§ 14.02.050. Referral and review of
project permit applications.
14.02.060.
Review Time Periods.

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Chapter 14.05
OPEN RECORD PUBLIC HEARINGS

§ 14.05.010. General.
§ 14.05.020. Responsibility of
directorDirector for
hearing.
§ 14.05.030. Conflict of interest.
§ 14.05.040. Ex parte communications.
§ 14.05.050. Disqualification.
§ 14.05.060. Burden and nature of proof.
§ 14.05.070. Order of proceedings.
§ 14.05.080. Decision.
§ 14.05.090. Notice of final decision.

Chapter 14.06
CLOSED RECORD MEETINGS HEARINGS
AND APPEALS
§ 14.06.010.
§ 14.06.020.
§ 14.06.030.
§ 14.06.040.

Appeals of decisions.
Consolidated appeals.
Standing to initiate an
administrative appeal.
Appeals of
recommendations and
decisions.

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City of West Richland, WA

WEST RICHLAND CODE

§ 14.06.060.
§ 14.06.070.

Procedure for closed record
decision/appeal.
Judicial appeals.
Resubmission of application.

Chapter 14.08
DEVELOPMENT AGREEMENTS
§ 14.08.010.
§ 14.08.020.
§ 14.08.030.
§ 14.08.040.
§ 14.08.050.

Authority and general
provisions.
General provisions of
development agreements.
Enforceability.
Approval procedure for
development agreements.
Form of agreement, council
approval, recordation.

Determination of
completeness for proposed
amendments.
§ 14.09.100. Public notice of public
hearing(s).
§ 14.09.110. Public hearing on the
proposed amendments list.
§ 14.09.120. Considerations for decision
to initiate processing.
§ 14.09.130. Selecting the applications
for further processing
during annual review.
§ 14.09.140. Planning commission action.
§ 14.09.150. City council action.
§ 14.09.160. Criteria for approval.
§ 14.09.170. Adoption and rejection.
§ 14.09.180. Transmittals to the state.
§ 14.09.190. Appeals.
§ 14.09.200.Applications for
amendments located within
the urban growth area and
outside of the city limits.
§ 14.09.210. Map revisions.

AF

Chapter 14.09
AMENDING THE COMPREHENSIVE
PLAN

§ 14.09.090.

T

§ 14.06.050.

Purpose.
Exceptions to the
amendment process.
§ 14.09.030. Submission review time
periodsdeadlines.
§ 14.09.040. Types of amendments.
§ 14.09.050.Annual review process and
SEPA review.
§ 14.09.060. Initiation of amendments.
§ 14.09.070.Docket.
§ 14.09.080. Amendment applications.
§ 14.09.085. Proposed amendments list.

D

R

§ 14.09.010.
§ 14.09.020.

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Chapter 14.10
DESIGN AND DEVELOPMENT
GUIDELINES

§ 14.10.010.
§ 14.10.020.
§ 14.10.030.
§ 14.10.040.
§ 14.10.050.

Purpose.
Types of review.
Procedures.
Design guidelines adopted.
Compliance.

Page 78 of 169

City of West Richland, WA

ADMINISTRATION OF DEVELOPMENT

D

R

AF

T

Prior legislation: Ords. 3-96, 14-99, 33-01 and 10-03.

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City of West Richland, WA

CHAPTER 14.00
GENERAL PROVISIONS
§ 14.00.010. Purpose and applicability.
This title is required by the Regulatory Reform Act, Chapter 347, 1995 Laws of
Washington, codified as Chapter 36.70B RCW, for the processing of project permit
applications.

B.

This title establishes the procedures by which specifies how the city of West Richland will
consolidate and timely process project permit applications in a timely manner and
coordinated manner. This title applies to all project permit applications subject to review
under the city of West Richland Municipal Code, including WRMC Title 15 (Buildings
and Construction), Title 16 (Division of Land), Title 17 (Zoning), Title 18 (Environmental
Protection) and Title 19 (Signs).The purpose of this title is to provide a predictable, timely
and coordinated permit review process; integrate environmental review with project
permit review to the extent authorized by law; and to ensure compliance with all
applicable state law governing local project review. Final decisions on development
proposals shall be made within a reasonable time from the date an application is
determined to be procedurally complete pursuant to WRMC 14.02.030.

C.

This title shall be administered as follows:

AF

The director of the community development department or his or her designee(s)
Director shall interpret and apply the provisions of the titles: WRMC Title 15
(Buildings and Construction), Title 16 (Division of Land), Title 17 (Zoning), Title 18
(Environmental Protection) and Title 19 (Signs).
(Ord. 20-20 § 1 (Att. A), 2020)

D

2.

The applicable Community Development Director or the Director’s designee
(hereinafter "Director") administrative official may issue a formal written
interpretation of a development regulation when the Director determines that an
interpretation is if deemed necessary or upon theif requested by a property owner. A
formal written interpretation shall be a Type IIa action and shall be subject to appeal
provisions of WRMC 14.01.030.

R

1.

T

A.

§ 14.00.020. Intent.
A. The purpose of this title is to combine and consolidate the application, review and approval
processes for land development in the city of West Richland in a manner that is clear, concise, and
understandable. It is further intended to comply with state guidelines for combining and expediting
development review and integrating environmental review. Final decisions on development proposals
shall be made in a reasonable and timely manner from the date an application is deemed technically
complete pursuant to WRMC 14.02.030.
B.
This title is further intended to identify procedures for determining whether development
proposals (with or without conditions/mitigation) are consistent with applicable policies and standards.
Consistency shall be determined by considering:
1.
The type of land use;
2.
The level of development, such as units per acre or other measures of density or intensity;
3.
Infrastructure, including public facilities and services needed to serve the development; and
4.
The character of the development and compliance with applicable development standards.
(Ord. 20-20 § 1 (Att. A), 2020)

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City of West Richland, WA

§ 14.00.030

ADMINISTRATION OF DEVELOPMENT

§ 14.00.060

§ 14.00.030. Conflict with other ordinances.
If at any point in the West Richland Municipal Code (WRMC) there is conflict with a rule,
procedure, or any substance relative to the subject matter of this title, where two rules are found
to conflict, the more stringent and specific rule, procedure or substance shall supersede the other.
(Ord. 20-20 § 1 (Att. A), 2020)
§ 14.00.040. Severability.
If any section, sentence, clause or phrase of this title should be held to be invalid or
unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
title.
(Ord. 20-20 § 1 (Att. A), 2020)
§ 14.00.050. Rules of interpretation.
For the purposes of the development regulations, all words used shall have their normal and
customary meanings, unless specifically defined otherwise in this title.
Words used in the present tense include the future.

B.

The plural includes the singular and vice versa.

C.

The words "will" and "shall" are mandatory.

D.

The words "may" and "should" indicate that discretion is allowed.

E.

The masculine gender includes the feminine and vice versa.

F.

Distances shall be measured horizontally unless otherwise specified.

G.

The word "building" includes a portion of a building and a portion of the lot on which it
stands.

AF

R

D

H.

T

A.

Except where otherwise expressly noted, the term "days" as used in this title means
calendar days, not working days.
(Ord. 20-20 § 1 (Att. A), 2020)
§ 14.00.060. Interpretation of language.
A.

For the purpose of interpreting this title, certain terms or words are defined in this chapter.
Except where specifically defined in this chapter, all words used in this title shall carry the
customary meaning.

B.

Words used in the present tense include the future and the future includes the present; the
plural includes the singular and the singular includes the plural.

C.

"Building" includes "structure."

D.

"Lot" includes "plot."

E.

"Occupied" or "used" shall be considered as though followed by the words "or intended,"
"or arranged," or "or designed to be used or occupied."

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City of West Richland, WA

§ 14.00.060

WEST RICHLAND CODE

§ 14.00.070

F. "Shall" is mandatory.
(Ord. 20-20 § 1 (Att. A), 2020)
§ 14.00.070. Definitions.
"Applicant" means a person seeking development or permit approval from the city.
"Closed record appeal" means an administrative appeal on the record to to the city council or
hearing examiner, following an open record hearing on a project permit application, when the
appeal is based on the existing record with no or limited new evidence or information allowed
to be submitted and only appeal arguments are allowed.
"Date of issuance of decision" means, in the case of decisions that may be appealed
administratively, the date on which the decision is mailed to all parties of record and from which
the appeal period is calculated. In the case of decisions that may be appealed only to the superior
court, the date prescribed by the Land Use Petition Act, Chapter 36.70C RCW.
"Decision" means the written report of findings and conclusions issued by the hearing
bodydecision-maker and forwarded to all parties of record.

T

“Decision-maker” means the official or entity that makes a decision on a project permit
application. In some cases this may also be the hearing body or hearing officer.

AF

"Developer" means any person who proposes an action or seeks a permit regulated by WRMC
Titles 15, 16, 17, 18, and 19, inclusive.
"Development" means any land use permit or action regulated by WRMC Titles 15, 16, 17,
18, and 19, including but not limited to subdivision, binding site plans, rezones, conditional use
permits, or variances.

R

"Development regulations" means the controls placed on development or land use activities by
the city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline

D

master programs, official controls, planned unit development ordinances, subdivision
ordinances, and binding site plan ordinances together with any amendments thereto. A
development regulation does not include a decision to approve a project permit application,
even though the decision may be expressed in a resolution or ordinance.
This definition is intended to be consistent with and shall be construed in accordance with
RCW 36.70B.020, as amended from time to time. Any amendment to the definition of
“development regulations” in RCW 36.70B.020 shall be incorporated into and apply to the
definition in this code without further amendment to this code. For the purposes of this code,
the city’s development regulations are contained in means WRMC Titles 15, 16, 17, 18, and 19.
"Director" means the director of community development or theirhis or her designee.
"Effective date" means the date a final decision becomes effective.
"Final decision" means the final action by the director of community development, planning
commission, hearing examiner, or city council, including the final decision on a local appeal if
any.
“Hearing body (or hearing officer)” means the official or entity that conducts the public hearing
required for a decision on a project permit application.
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City of West Richland, WA

"Open record hearing" means a hearing, conducted by a single hearing body or officer
authorized by the city to conduct such hearings, that creates the record through testimony and
submission of evidence and information, under procedures prescribed by the hearing bodyby
the city by ordinance or resolution. An open record hearing may be held prior to a decision
being issued on a project permit to be known as an "open record predecision hearing." An open
record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no
open record predecision hearing has been held on the project permit.
"Party of record" means any person who has testified at a hearing or has submitted a written
statement related to a development action and who provides the city with a complete address.
"Planned action" means a significant development proposal as defined in RCW 43.21C.440,031
and WAC 197-11-164, as each maybe amended from time to time.

AF

T

“Project Permit” or “project permit application” means any land use or environmental permit
or license required by the City for a project action, including, but not limited to, subdivisions,
binding site plans, planned unit developments, conditional use permits, shoreline substantial
development permits, site plan review, permits or approvals required by critical areas
regulations, and site-specific rezones that do not require a comprehensive plan amendment.
"Project permit" or "project permit application" does not include the adoption or amendment of
the comprehensive plan, a subarea plan, or development regulations, except as otherwise
specifically provided by law. These terms also do not include permits issued based on
compliance with state and local building codes, or a special purpose district's or public utility
district's determination of service availability, system capacity, infrastructure requirements, or
review of proposed water, sewer, or stormwater civil plans. For purposes of certain
requirements related to local government permit review, including deadlines for local
government planning under the GMA to complete a permit review, a building permit is not
considered a project permit. This definition is intended to be consistent with RCW 36.70B.020,
as amended time to time.

R

“Review time period” means the time allowed for review of a project permit application
established pursuant to RCW 36.70B.080, as amended from time to time,

D

"Working day" means any day which the city of West Richland is open for business.
(Ord. 20-20 § 1 (Att. A), 2020)

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City of West Richland, WA

CHAPTER 14.01
TYPES OF PROJECT PERMIT APPLICATIONS
§ 14.01.010. Procedures for processing project permits.
For the purpose of project permit processing, all development permit and land use applications
shall be classified as one of the following procedure types based on the decision-maker, the
amount of discretion exercised, the level of impact associated with the decision, the amount and
type of public participation provided, and the applicable appeal process:

Mministerial/administrative: Type I and Type II;

Qquasi-judicial: Type III, Type IV, Type V, or Type VI; or

Llegislative: Type VII.

T

Legislative decisions (Type VII actions) shall be processed are addressed in accordance with
WRMC 14.01.050. Exclusions from the requirements of project permit application processing
requirements are set forth addressed in WRMC 14.01.070.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.01.020. Determination of proper procedure type.

Determination by Director. The community development director or his/her designee
(hereinafter the "director") Director shall determine the proper procedure for all project
permit development applications using a consolidated permit review system consistent
with chapter 36.70B RCW., as amended. Questions concerning the appropriate procedure
type shall be resolved in favor of the higher numbered procedure type.

B.

The city shall integrate environmental review under SEPA with project permit review.

R

AF

A.

D.

D

A.C. The city shall provide for no more than one open record hearing, if required, and one
closed record appeal.
Optional Consolidated Project Permit Processing. This subsection governs consolidated
review and decision-making for two or more project permit applications associated with a
proposed development.
1. Applicant Election. An applicant may elect consolidated review for two or more
project permits associated with a proposed development, including a single
consolidated application review and approval process. The applicant’s request for
consolidated project permit processing shall be submitted in writing at the time of
application submittal and must clearly identify each project permit application
included in the consolidated review. Legislative actions (Type VII) may not be
consolidated with nonlegislative actions (Types I–VI).
2. Classification type for consolidated review. When an applicant elects consolidated
review, all project permit applications included in the consolidated review shall be
processed under the procedure applicable to the highest numbered permit
classification required for any project permit application included in the
consolidated review. Review and processing of the consolidated project permit
application
3. Sequential processing if not consolidated. If consolidated review is not elected,
each project permit application shall be processed separately in accordance with
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Page 84 of 169

City of West Richland, WA

the applicable procedures in WRMC 13.01.030. Individual applications shall be
processed beginning with the highest numbered permit classification and then in
descending numerical order.
4. Consolidated processing. When consolidated review is elected, the determination
of completeness, notice of application, and notice of final decision consistent shall
address all project permit applications included in the consolidated review. A
consolidated project permit shall be processed according to the procedures set
forth in this title.
a. Determination of completeness. The Director shall issue a single
determination of completeness for all project permit applications
included in the consolidated review. The Director shall not issue the
determination until sufficient information has been submitted to
demonstrate that each project permit application satisfies the procedural
submission requirements of WRMC 14.02.020. A
b. Notice of application. The Director shall issue one notice of application
identifying:
each project permit application included in the consolidated
review;

ii.

the applicable decision criteria for each project permit
application; and

T

i.

AF

iii. The highest project permit classification type governing the
consolidated review, including any applicable public notice,
public comment period, public hearing(s) and appeal
procedures.

R

c. Final notice of decision.
The decision-maker shall issue one
consolidated notice of decision identifying:
each project permit included in the consolidated review;

D

i.

ii.

the applicable decision criteria;

iii. the decision maker; and
iv. the applicable appeal procedures based on the highest numbered
permit classification type governing the consolidated review.

5. Review Timelines. Election of consolidated project permit processing under this
subsection does not modify any applicable review time period established by this
title unless expressly authorized by state law.
6. Project Permit Coordinator. The Director shall designate a permit coordinator to
manage consolidated permit review, coordinate review among applicable city
departments and governmental agencies, and serve as the primary point of contact
for the applicant.
B. An application that involves two or more procedures may be processed
collectively under the highest numbered procedure required for any part of the
application or may be processed individually under each of the application
procedures identified in WRMC 14.01.030; provided, legislative actions (Type
VII applications) cannot be processed collectively with nonlegislative (Types I
through VI) actions. The applicant may determine whether the application will be
processed collectively or individually. If the applications are processed
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Page 85 of 169

City of West Richland, WA

individually, the highest numbered type procedure shall be undertaken first,
followed by the other procedures in sequence from the highest numbered to the
lowest.
E.

Decision Maker(s). When project permit Aapplications are processed collectively in
accordance with subsection B D of this section, which are assigned toand would otherwise
be decided by different decision-making hearing bodies, all consolidated project permit
applications shall be considered by the highest decision-making authority applicable to the
highest numbered of the project permit classification type governing the consolidated
review. For purposes of this subsection, the order of decision-making authority is: city
council, planning commission, and Director. heard collectively by the highest decision
maker; the city council being the highest body, followed by the planning commission, as
applicable, and then the director, with the following limitation on variances: Vvariances
may only be considered by the planning commission, except when the city council is the
hearing bodydecision-making authority for on the consolidated applications. Joint public
hearings with other governmental agencies shall be processed conducted in accordanceing
to WRMC 14.01.040.

C.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020; Ord. 15-24 § 4, 2024)

Action Type.

D

R

AF

A.

T

§ 14.01.030. Project permit application process.

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Page 86 of 169

City of West Richland, WA

§ 14.01.030

WEST RICHLAND CODE
ADMINISTRATIVE
TYPE I

WRMC

14.01.030 B.1.

TYPE II.a

TYPE II.b

14.01.030 B.2.

§ 14.01.030

QUASI-JUDICIAL

14.01.030 B.3

LEGISLATIVE

TYPE IIII

TYPE IV

TYPE V

TYPE VI

TYPE VII

14.01.030 B.4

14.01.030 B.5.

14.01.030 B.6.

14.01.030 B.7.

14.01.030 B.8. &
14.01.050

Preapplication conference No
required:
(14.02.010)

Yes (unless
waived)

Yes (unless waived)

Yes

Yes

Yes

Yes

Yes (unless
waived)

Notice of application:
(14.02.040)

No

No

No

Yes

Yes

No

Yes

No

Public notice:
(Chapter 14.03)

None

None

None

Yes

Yes

None

Yes

Yes

Open record hearing by:
(Chapter 14.05)

None

None (however, if the
director's decision is
appealed, open record
hearing before planning
commission)

Planning commission

See below for open record
administrative appeals

None (however, if
the director's
decision is
appealed, open
record hearing
before city council)

Closed record hearing by: None
(Chapter 14.06)

None

None

Decision-maker:

Director

Director

Administrative Appeal:
(Chapter 14.06)

None

Yes, Open-record
Yes, open-record appeal
appeal hearing before hearing before the Planning
the City; except no
Commission
administrative appeal is
available for a SEPA
determination or a
Planned Action
determination of
consistency.

Planning
commission (to
issue a
recommendation))

None

Planning
commission

Planning
commission (to
issue a
recommendation
) and/or city
council

(none, unless appealed)
city council

City council

None

None

None (all
hearings are
open record
for legislative
matters)

Planning commission

City council

City council

Planning
commission

City council

None

None

None

AF

D

R
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T

(except for unit
lot subdivisions)

Director

Yes, closed-record appeal
None
hearing before the City Council

Page 87 of 169

ADMINISTRATIVE
TYPE I
Review time periods
(calendar days)1, 2
(14.02.060)

65

TYPE II.a
65

QUASI-JUDICIAL
TYPE II.b

TYPE IIII

65

170

(30 days for a
final short plat;
100 days for
unit lot)
subdivisions)
Yes; judicial – see
Chapter 36.70C
RCW;
decisions on shoreline
letters of exemption
are appealed to the
state of Washington
Shorelines Hearing
Board

Yes; judicial – see Chapter
36.70C RCW

Yes; judicial – see Chapter
36.70C RCW

TYPE IV

TYPE V

170

65

(90 days for a
preliminary plat)

(30 days for a
final plat)

Yes; judicial –
see Chapter
36.70C RCW;
decisions on
shoreline permits
are appealed to
the state of
Washington
Shorelines
Hearing Board

Yes; judicial –
see Chapter
36.70C RCW

TYPE VI

TYPE VII

170

N/A

Yes;
judicial –
see
Chapter
36.70C
RCW

Yes; decisions
on the
comprehensive
plan are
appealed to the
Growth
Management
Hearings Board
Development
agreements are
appealed as set
forth in WRMC
14.08.050(4)

D

R

AF

T

Judicial or hearings board Yes; judicial –
appeal:
see Chapter
(14.06.060)
36.70C RCW

LEGISLATIVE

1

Pursuant to RCW 36.70B.080(1(g), review time periods are measured from the date an application is determined complete to the date a final decision is issued. For consolidated permit review, the applicable
review period is the longest review period for any individual permit and is not cumulative. The review period excludes: (1) time awaiting the applicant's response to a request for additional information; (2)
periods of applicant-requested suspension of review; and (3) the time during which an administrative appeal is pending, including any additional time following its resolution.
2
Pursuant to RCW 36.70B.080(1(h), The review time periods for the city to process a permit shall start over if an applicant proposes a change in use that adds or removes commercial or residential elements
from the original application that would make the application fail to meet the determination of procedural completeness for the new use(s).
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City of West Richland, WA

ADMINISTRATION OF DEVELOPMENT

§ 14.01.030

Classification of Project Applications.
1.

Type I. Type I applications include:
a.

Permits for permitted uses not requiring site plan review by the planning
commission or city council (where site plan review is conducted at staff level,
including clearing and grading permits, floodplain permits).

b.

Lot/boundary line adjustments (Chapter 16.10 WRMC) and other subdivision of
land exemptions (WRMC 16.02.030).

c.

Revisions of preliminary subdivisions, short plats and binding site plans that do
not result in a substantial change (minor changes) (WRMC 16.04.140).

d.

Minor amendments to planned unit developments.

e.

Temporary use permits (i.e., construction trailers, itinerant merchant licenses,
temporary living quarters during construction, etc.).

f.

Preliminary and final short plat approvals and short plat amendments.

g.

Administrative variances.

3.

Type II.a. Type II.a applications include:
a.

Sign permits.

b.

Administrative interpretations.

c.

Final binding site plans (Chapter 16.06 WRMC).

d.

Wetland reviews, when no other permit review is required (WRMC 18.25.080).

e.

Administrative variances (Chapter 17.70 WRMC).

f.

Shoreline letters of exemption (Chapter 18.08 WRMC).

g.

Critical areas exemptions (WRMC 18.25.510), including reasonable use
exceptions (WRMC 18.25.530).

h.

Small-scale home occupation permits (WRMC 17.54.047).

i.

SEPA threshold determinations (Chapter 18.04 WRMC).

i.j.

Planned action determination of consistency (WRMC 14.04.030B)

Type II.b. Type II.b applications include:
a.

4.

D

2.

Permit for a wireless communication facility – co-location only (WRMC
17.16.030).

R

h.

Note: Public notice must be provided following the requirements of
WRMC 14.03.010 including a 10-day comment period prior to the
decision; however, no hearing will be held.

AF

i.

T

B.

§ 14.01.030

Design review of developments outlined in WRMC 14.10.020.

Type III. Type III applications include:

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§ 14.01.030

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§ 14.01.040

a. Conditional use permits (Chapter 17.66 WRMC).
a.b. Conditional use permit required for a new wireless communication facility tower
(WRMC 17.16.030).

7.

Preliminary plats (Chapter 16.05 WRMC).

b.

Preliminary PUD (Chapter 17.80 WRMC).

c.

Preliminary binding site plans (Chapter 16.06 WRMC).

d.

Plat alterations and vacations (WRMC 16.04.140).

e.

Major amendments to a PUD (Chapter 17.80 WRMC).

f.

Site-specific rezones (Chapter 17.78 WRMC).

g.

Shoreline substantial development, shoreline conditional use, and shoreline
variance applications (Chapter 18.08 WRMC).

h.

Nonconforming use exceptions (WRMC 17.72.140).

i.

Revisions of preliminary subdivisions, short plats and binding site plans that
result in a substantial change (major changes) (WRMC 16.04.140).

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Type V. Type V applications include:
a.

Final plats (WRMC 16.04.130).

b.

Final PUD (WRMC 17.80.150).

Type VI. Type VI applications include:
a.

8.

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a.

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6.

Type IV. Type IV applications include:

Variances (Chapter 17.69 WRMC or WRMC 18.25.520).

D

5.

Type VII. Type VII applications include:
a.

Comprehensive plan amendments (Chapter 14.09 WRMC).

b.

Development regulations (Chapter 17.78 WRMC).

c.

Zoning ordinance text amendments (Chapter 17.78 WRMC).

d.

Area-wide zoning map amendments (Chapter 17.78 WRMC).

e.

Development agreements (Chapter 14.08 WRMC).

f.

Annexations (Chapter 35A.14 RCW).

g. Shoreline Master Program amendment (WRMC 18.08.010).
(Ord. 38-07 § 1, 2007; Ord. 16-10 § 2, 2010; Ord. 6-12 § 1 (Att. A), 2012; Ord. 20-20 § 1 (Att.
A), 2020; Ord. 28-21 § 1, 2021; Ord. 15-24 § 5, 2024)
§ 14.01.040. Joint public hearings.
A.

Administrator's Decision to Hold Joint Hearing. The Ddirector may combine any public
hearing on a project permit application with any hearing that may be held by another local,
state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing

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§ 14.01.040

ADMINISTRATION OF DEVELOPMENT

§ 14.01.050

is held within the city limits; and (2) the requirements of subsection C of this section are
met.
B.

Applicant's Request for a Joint Hearing. The applicant may request that the public hearing
on a project permit application be combined as long as the joint hearing can be held within
the review time periods set forth in this title. In the alternative, the applicant may agree to
a particular schedule if that additional time is needed in order to complete combine the
hearings.

C.

Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local,
state, regional, federal or other agency and the city, when:
1.

The other agency is not expressly prohibited by statute from doing so;

2.

Sufficient notice of the hearing is given to meet each of the agencies' adopted notice
requirements as set forth in statutes, ordinances, or rules;

The agency has received the necessary information about the proposed project from
the applicant in enough time to hold its hearing at the same time as the city hearing.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.01.050. Legislative decisions.

Decisions. The following decisions are legislative (Type VII), and are not subject to the
procedures in this title, unless otherwise specified:

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A.

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3.

Zoning code text, development regulations and zoning district amendments;

2.

Area-wide rezones to implement city policies;

3.

Adoption of the comprehensive plan and any plan amendments;

4.

Annexations;

5.

Development agreements.

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B.

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1.

Planning Commission. The planning commission shall hold a public hearing and make
recommendations to the city council on the adoption of the comprehensive plan, and any
plan amendments. The planning commission shall also hold public hearings and make
recommendations to the city council on the decisions in subsections (A)(1) and (A)(2) of
this section, except that the city council may hold a public hearing itself on those decisions
set forth in subsections (A)(1) and (A)(2) of this section. The public hearing shall be held
in accordance with the requirements of Chapter 14.05 WRMC and RCW 36.70A.035 and
all other applicable law.

C.

City Council. The city council may consider the planning commission's recommendation
made following public hearing held in accordance with the requirements of Chapter 14.05
WRMC and RCW 36.70A.035 and all other applicable law. If the city council desires to
hold a public hearing on any of the decisions set forth in subsections (A)(1), (A)(2) and
(A)(4) of this section, it may do so without first forwarding the proposed decision to the
planning commission for a hearing.

D.

Public Notice. Notice of the public hearing or public meeting shall be provided to the public
as set forth in WRMC 14.03.030(B)(4).

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§ 14.01.050

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§ 14.01.070

E.

Implementation. City council decisions shall be formalized by the passage of an ordinance
or resolution and shall become effective on the effective date of the ordinance or resolution.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.01.060. Legislative enactments not restricted.
Nothing in this chapter or the permit processing procedures shall limit the authority of the city
council to make changes to the city's comprehensive plan, or the city's development regulations
as part of the annual revision process.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.01.070. Exemptions from project permit application processing.
Whenever a project permit application or approval in the West Richland Municipal Code
has been classifieddesignated as a Type I, II, III, IV, V or VI permit, the procedures in this
title shall be followed in project permit processing.

B.

Pursuant to RCW 36.70B.140(2), building permits, boundary line adjustments or other
construction permits, or similar administrative approvals, that are categorically exempt
from environmental review under SEPA (Chapter 43.21C RCW and Chapter 18.04
WRMC, Environmental Review (SEPA)), or permits/approvals for which environmental
review has been completed in connection with other project permits, are excluded from
the following procedures:

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A.

Notice of application (WRMC 14.02.040), unless an open record hearing is required
on the project permit decision;

2.

Except as provided in RCW 36.70B.140, optional consolidated project permit review
processing (WRMC 14.01.020(B));

3.

Joint public hearings (WRMC 14.01.040);

4.

Single report stating all of the decisions and recommendations made as of the date of
the report that do not require an open public record hearing (WRMC 14.05.020(C));

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1.

5. Notice of decision (WRMC 14.05.090).
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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CHAPTER 14.02
TYPE I – VII PROJECT PERMIT APPLICATIONS
§ 14.02.010. Preapplication conference.
A.

Prior to filing a Type IIa, IIb, III, IV, V, VI project permit application, or a Type VII
application an applicant shall request a preapplication conference with City staff. Prior to
filing applications for project permit Types II through VII, the applicant shall request a
preapplication conference. For Type IIa., IIb., and VII projects, when staff and a potential
applicant concur, this requirement may be waived by the director. The purpose of the
preapplication conference is to acquaint the applicant with the requirements of the West
Richland Municipal Code, and to acquaint staff with the preliminary details of a potential
project permit application.
1.

A preapplication conference provides an opportunity for the applicant and City staff
to discuss, in general terms:
a. Applicable provisions of the WRMC;

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b. Required permits and approvals;
c. The applicable project review and approval process;

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d. Anticipated permit review and approval timelines;
e. Applicable development standards and design requirements; and
f.

Potential issues or constraints that may affect the proposed project.

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1.2. The Director shall specify submittal requirements to request preapplication
conferences, which shall include a critical areas worksheet and, if available,
preliminary critical area reports. Plans presented at the preapplication meeting are
nonbinding and do not “vest” an application
B.

The conference shall be held within 28 days of the request.

C.

Within five working days following the conference, the Ddirector shall provide the
applicant with:

D.

1.

A form which lists the requirements for a completed application;

2.

A summary of points and issues raised at the preapplication meeting;

3.

The references to the relevant code provisions or development standards which may
apply to approval of the application;

4.

A general summary of the procedures to be used to process the application.

Neither the discussions at the conference nor the information provided on the form sent by
the Ddirector to the applicant under subsection C of this section shall bind the Ddirector in
any manner or prevent the Ddirector's future application or enforcement of all applicable
codes, ordinances and regulations.

E.

Preapplication conferences for all other types of applications are optional, and requests for
conferences will be considered on a time-available basis by the dDirector.
(Ord. 38-07 § 1, 2007; Ord. 9-09 § 1, 2009; Ord. 20-20 § 1 (Att. A), 2020)
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§ 14.02.020. Project permit application.
An Applications for each type of project permits shall be submitted on forms provided by the
dDirector. The Director shall specify the submittal requirements, including the manner, type,
level of detail, and information necessary for an application to be determined complete. The
Director may waive specific submittal requirements determined to be unnecessary for review of
a particular application. The city may, at its discretion and at the applicant's expense, retain
qualified professionals to review and confirm the applicant's reports, studies and plans.
An project permit application shall consist of all materials required by the applicable
development regulations, and any additional information determined by the Director to be
necessary for review of the application, and shall include the following general information:
A completed The appropriate project permit application form for the proposal completed
and signed by the applicant;

B.

A verified statement by the applicant that the property affected by the application is in the
exclusive ownership of the applicant, or that the applicant has submitted the application
with the consent of all owners of the affected property. A title report may be required to
be submitted as part of the application for the subject property to verify property owner(s);

C.

A property description, and/or including site address and legal description, of the site for
all applications, as applicablerequired by the applicable development regulations;

D.

The applicable fee in accordance with the city of West Richland master fee schedule;

E.

Evidence of adequate water supply, if required by RCW 19.27.097; and

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A.

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§ 14.02.020

WEST RICHLAND CODE
F.

§ 14.02.030
Evidence of availability of sewer service.

(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.02.030. Submission and acceptance of application.
A.

Determination of Procedural Completeness. Within 28 calendar days after the city
receives a project permit application, after receiving a project permit application, the
Directorcity shall determine whether the application satisfies the procedural submission
requirements of this title and shall provide send to the applicant with a written
determination which states either:
1.

That the application is procedurally complete; or

2.

That the application is procedurally incomplete, identifying the submission
requirements that have not been met and specifying the information or materials
what is necessary to make the application procedurally complete.

Identification of Other Agencies with Jurisdiction. To the extent known by the city, other
agencies with jurisdiction over the project shall be identified in the determination of
procedural completeness.

C.

Additional Information. A project permit application is procedurally complete for the
purposes of this section when it meets the submission requirements of WRMC 14.02.020
and the submission requirements of the applicable development regulations identified on
the applicable project permit application form.

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B.

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A determination of procedural completeness does not constitute a substantive review of
the application and shall not be based on, or conditioned upon, the adequacy, accuracy, or
sufficiency of the information submitted. The Director may require additional information
or studies, or may require or accept project modifications, either at the time the notice of
completeness is issued or any time thereafter, if The determination of completeness shall
be made when the application is sufficiently complete for review, even though additional
information may be required or project modifications may be undertaken subsequently.
The director's determination of completeness shall not preclude the director's ability to
request additional information or studies whenever new additional information or studies
are necessary to evaluate the project permit application, if project modifications are
necessary to evaluate the application, is required or if substantial changes are made to the
proposed project occur.
Any written notice requesting additional information or materials to continue processing a
project permit application, including a notice that an application is procedurally
incomplete under subsection D of this section or a request issued with or after a
determination of procedural completeness, shall include the following:
1.

Notice that failure to submit the requested information within 60 calendar days after
the city provides written notice may result in the extension of the applicable review
time period by 30 calendar days pursuant to WRMC 14.02.060.

C.2. Notice that failure to submit the requested information within 90 calendar days after
the city provides written notice may result in cancellation of the application pursuant
to subsection D.
D.

Incomplete Applications.

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1.

Whenever the applicant receives a determination from the Directorcity that an
application is procedurally not completeincomplete for either a project permit or
concurrency application, the applicant shall have 90 calendar days to submit the
necessary information to make the application procedurally complete. The written
determination shall include the notice that failure to submit the requested
information within 90 calendar days after the city provides written notice may result
in cancellation of the application

a.2. Within 14 calendar days after thean applicant submitshas submitted the requested
additional information, the Ddirector shall make a determination whether the
application is procedurally of completeness and notify the applicant in the manner
provided in subsection A of this section.
2.3. Cancellation of application. If the applicant does not submit the additional
information requested within the 90-day period, the Ddirector shall make findings
and issue a decision that the application has lapsed for lack of information necessary
to complete the review. The decision shall state that no further action will be taken
on the applications, and that if the applicant does not make arrangements to pick up
the application materials from the planning and/or public works/engineering
departments within 30 calendar days from the date of the decision, the application
materials will be destroyed.

Director's Failure to Provide Determination of Completeness. A project permit application
shall automatically be deemed procedurally complete on the 29th calendar day after
receiving a project permit application under this section if the Ddirector does not provide
a written determination to the applicant that the application is procedurally incomplete as
provided in subsection A of this section. This does not preclude the Director from
requesting additional information or studies as authorized by subsection C of this section.

D

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E.

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3.4. When the Ddirector determines that an application has lapsed because the applicant
has failed to submit required information within the necessary time period, the
applicant may request a refund of the application fee remaining after the city's
determination of completeness.

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§ 14.02.030
F.

ADMINISTRATION OF DEVELOPMENT

§ 14.02.040

Date of Acceptance of Application. Project permit applications shall not be officially accepted
until complete. When an application is found complete, the Ddirector shall note the date of
acceptance for continued processing.

G.

After receipt of a project permit application acceptance, the city shall begin processing the
applications. The city shall not place an application Under no circumstances shall the city place
any applications on hold to be processed at some later date, regardless of whethereven if the
request for the hold is made by the applicant or, and regardless of the requested length of the
holding period. The application must either be processed or withdrawn. A request for additional
information under subsection D of this section shall not constitute placing an application ona
hold.

H.

Project Permit Administration. The following administrative procedures are related to the
designation of a permit responsible official for all project permit applications related to a
residential project and a single point of contact for each project permit application once the
director has issued a determination of completeness in accordance with this section.
1.

Permit Responsible Official. The Director shall designate a permit responsible official for
each residential project permit application.

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a. The permit responsible official shall have authority to issue all final
administrative decisions on residential project permit applications, except
where:
A decision is expressly reserved by state law;

ii.

A public hearing or decision by the Hearing Examiner or City Council
is required by title; or

iii.

This title expressly assigns final decision-making authority to another
decision maker.

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i.

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b. The permit responsible official shall:
i.

Coordinate review by all City departments and agencies with
jurisdiction;

ii.

Ensure that the residential project permit applications are processed
within the timelines established by WRMC 14.02.060.

iii.

Monitor the overall permit review process to promote timely and
coordinated review; and

iv.

Perform such other duties as assigned by the Director or required by
this title.

c. When the city serves as the lead agency under SEPA for a residential
project, the permit responsible official shall also serve as the SEPA
responsible official.
2.

Single Point of Contact. For every project permit application, the Director shall designate a
single point of contact for all communications with the applicant.
a. The single point of contact may consist of
i.

An individual staff member;

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ii. A designated position;
iii. A city department or division;
iv. A permit center; or
v. Another functional city unit identified by a publicly available telephone
number or email address.
b. The designation of the single point of contact may vary depending on the
type of application.
c. The single point of contact shall serve as the applicant’s primary
administrative liaison and shall:
i.

Serve as the primary contact for applicant communications regarding
permit status, requests for additional information, and procedural
questions;

ii. Coordinate communications among City departments, outside agencies,
and governmental entities having permit review responsibilities, as
necessary;

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iii. Facilitate timely communication regarding permit review and processing;
and

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iv. iv. Facilitate timely issuance of the final decision within the timelines
established in WRMC 14.02.060.

Administrative Assignment. The Director may adopt administrative procedures and assign
or reassign staff as necessary to implement this section, including reassignment of the
permit responsible official or single point of contact, whenever necessary to promote
efficient permit processing and compliance with applicable statutory timelines.

D

3.

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d. Designation of a single point of contact is solely for purposes of
coordination and applicant communication and does not independently
confer final decision-making authority unless expressly provided elsewhere
in this code.

G.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.02.040. Notice of application.
A.
B.

Generally. A notice of application shall be provided to all city departments and agencies
with jurisdiction for all Type III, IV and VI project permit applications.
Issuance of Notice of Application.
1.

Within 14 calendar days after the city has made a determination of procedural
completeness pursuant to WRMC 14.02.030, the Ddirector shall issue a notice of
application. The notice of application may be combined with the determination of
completeness.

1.
2.

If any open record predecision hearing is required for the requested project permit(s)
application, the notice of application shall be provided at least 15 calendar days prior
to the open record hearing.

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2.
C.

Contents. The notice of application shall include:

The date of submission of the initial application, the date the application was
determined procedurally complete for processing, and the date of the notice of
application;

2.

The location and Aa description of the proposed project action and a list of the
project permits applied for requested in the application and, if applicable, a list of any
studies requested under the authority granted by RCW 36.70B.070;

3.

A description of other required permits not included in the application, to the extent
known by the city;

4.

A description of existing environmental documents that evaluate the proposed
project, and, if not otherwise stated on the document providing notice of application,
the location where the application and any studies can be reviewed;

5.

A statement setting forth: (a) the time for starting and ending dates of the public
comment period, which shall be not less than 14 nor more than 30 calendar days
following the date of the notice of application. However, the public comment period
for a shoreline master program permit, including a substantial development permit,
variance, or conditional use permit, shall be no less than 30 days; (b) the right of any
person to comment on the application, receive notice of and participate in any
hearings, and and request a copy of the decision once issued on the application; and

5.

(c) any applicable appeal rights;

6.

The date, time, place and type of hearing, if the date, time, place and type of any
hearing that has been scheduled as of when the date theof notice of application is
issued;

7.

A summary of the preliminary determination of consistency with applicable
development regulations as required by WRMC 14.04.010, if one has been made at
the time the of notice of application is issued, and of those development regulations
that will be used for project mitigation and as provided in Chapter 14.04 WRMC;

D

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1.

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§ 14.02.050

WRMC;
8.

Any other information determined appropriate by the Ddirector such as the
Ddirector's threshold determination, if complete at the time of issuance of the notice
of application;.

9.

The name of applicant; and

8.10. The name and contact information, including the telephone number or email
address, of the Director or other city staff member designated as the point of contact
for the project permit application.
Public Comment on the Notice of Application. All public comments received on the
notice of application must be received in the community developmentplanning department
by 5:00 p.m. on the last day of the comment period. Comments may be mailed, personally
delivered, or emailed to the staff point of contact and/or dDirector;, or sent by facsimile;
provided, that mailed comments received after the comment period has expired will not be
accepted. The city may accept public comments at any time before the close of the record
of an open record hearing, if one is held, Comments should be as specific as possible.

D.

Persons submitting public comments or who wish to receive notice of the city's decision should
provide their name and sufficient contact information, including a complete mailing address or
email address. The City is not responsible for providing notice of the decision if the commenter
fails to provide sufficient contact information.

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D.

SEPA Exempt Projects. A notice of application is not required for project permits
applications that are categorically exempt under SEPA, unless otherwise required by state
law or local ordinance, including where a public comment period or an open record
predecision hearing is required.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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E.

D

§ 14.02.050. Referral and review of project permit applications.
Within 10 calendar days of after the Director determinesing that a project permitn application is
procedurally complete, the dDirector shall:
Ttransmit a copy of the application, or appropriate parts of the application, to each affected
governmental agency(“reviewing agency”) and city department for review and comment, including
those responsible for determining compliance with applicable state and federal requirements.
A. Referral materials and Review Period. EachThe affected reviewing agencyies and city
departments shall have 15- calendar days after receipt of the referral materials to:
1. Provide written comments on the application; or
2. Notify the Director and the applicant in writing that the referral materials are insufficient
for the reviewing agency’s review and identify the specific additional information
necessary to complete the review.
B. Referral Materials. Referral materials provided to a reviewing agency or city department
are sufficient when it includes the materials necessary for the reviewing agency or city
department to review the applicable portion of the project permit application in accordance
with the reviewing agency's or departments adopted procedures and requirements. A special
purpose district or public utility district may require additional materials necessary to
constitute a complete referral including applicable civil plans and related materials prepared
in accordance with the district's adopted engineering and design standards.
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C. Review following submission of additional information. If an applicant provides additional
information in response to a notice that referral materials are insufficient, the reviewing
agency or department shall have an additional 15 calendar days after receipt of the
additional information to notify the Director and applicant if the materials remain
insufficient and identify the specific additional information necessary to complete the
review.
D. Deemed sufficient for review. If a reviewing agency or city department does not provide
written notice within the applicable review period identifying deficiencies in the referral
materials, the referral materials shall be deemed sufficient for purposes of the agency's
review.
Failure of a reviewing agency or City department to provide written comments within the
applicable review period shall mean that no comments were received during that review
period, unless a longer review period is established by applicable state law.
E. Waiver of review period. The applicant may agree in writing to waive the reviewing
agency’s review period as authorized by RCW 36.70B.080.
A. The agency or city department is presumed to have no comments if comments are not
received within the 15-day period. The director shall grant an extension of time only if
the application involves unusual circumstances.

14.02.060. Review Time Periods.

The City shall endeavor to issue a final decision on each type of project permit application
subject to chapter 36.70B RCW within the following review time periods, measured from
the date the determination of procedural completeness is issued pursuant to WRMC
14.02.030:

B.

D

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A.

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B.F. Provide for notice and hearing as set forth in Chapter 14.03 WRMC for Type III , IV and
VI project permit application procedures.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

1.

Sixty-five (65) calendar days for project permit applications that do not require
public notice.

2.

One hundred (100) calendar days for project permit applications that require public
notice.

3.

One hundred seventy (170) calendar days for project permit applications that require
both public notice and a public hearing

For each project permit application, the applicable review time period identified in
subsection A. of this section shall be calculated as follows:
1. The review time period begins on the date the application is determined to be procedurally
complete.
2. The review time period ends on the earliest of:
1. The date a final decision is issued on that application;
2.

The date the applicant withdraws the application; or

3.

The date the application is cancelled for inactivity pursuant to this title.

1. If an applicant proposes a revision to a project permit application that changes the
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proposed use by adding or removing commercial or residential elements such that the
application no longer satisfies the determination of procedural completeness under
WRMC 14.02.030, the review time period shall recommence on the date the revised
application is determined to be procedurally complete.
2. In calculating the applicable review time period, every calendar day shall be counted
except for the following periods, which shall be excluded from the calculation:
4. Any period beginning on the date the Director provides written notice to the
applicant that additional information is required to process the project permit
application, an applicable fee must be paid, or a required notice must be posted,
and ending on the date the applicant submits the requested information, pays the
required fee, or posts the required notice.
5. Any period during which the Director has completed all possible review of the
project permit application but must wait for necessary action, decision, or
response by another governmental entity subject to RCW 36.70B.080 (2) and (3).
6. Any period during which a draft or final environmental impact statement is being
prepared following a determination of significance under chapter 43.21C RCW.

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7. Any period beginning on the date a final decision is issued and ending upon the
expiration of the applicable administrative appeal periods if any.

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8. Any period beginning on the date an administrative appeal authorized under the
permit review matrix set forth in WRMC 14.01.030 is filed and ending on the date
the appeal is finally resolved, including any additional review period resulting
from the appeal.

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A. If an applicant fails to provide requested information necessary to continue review of the
application within 60 calendar days after the Director provides written notice requesting
additional information, the Director may extend the applicable review time period by an
additional thirty (30) calendar days in accordance with WRMC 14.02.030.

D

B. The city may, at its discretion and at the applicant's expense, retain a qualified
professional to review and confirm the applicant's reports, studies and plans.
C. Exceptions. The following are not subject to any review time period specified in this
section:
9. Type VII actions (legislative decisions).

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CHAPTER 14.03
PUBLIC NOTICE
§ 14.03.010. Public notice of application.
1.A. In addition to the notice of application for Type III, Type IV and Type VI project permits as

set forth in WRMC 14.02.040, the Ddirector shall also provide public notice of Type III, IV
and VI project permit applications by mailing notices to property owners within 600 feet of
the subject parcel (as shown byaccording to recent the records of the Benton County
Aassessor), posting notice on or near the property, and by posting notice either on the
official city website or at the official posting places set forth pursuant to WRMC 1.12.010.
The posting and mailing of the public notice required under this subsection shall be at least
21 calendar days prior to any public hearing on the applications and at least 15 calendar
days prior to the end of any required comment period.
2.B. Notice Contents.

1.

Except as provided in subsection (B)(2) of this section, the notices posted, published,
or mailed shall contain the items listed in WRMC 14.02.040(C).

Posting notice on or near the property can include the requirements of subsection
(B)(1) of this section, or the dDirector may determine that it is suitable to post a
reference directing inquiries to a more specific source of information (e.g., use of the
city's "Pending Land Use Action" signs to direct inquiries to the community
developmentplanning department).
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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2.

The Ddirector, at his or hertheir discretion, may:
1.

Notify the public or private groups with known interest in a proposal or type of
proposal;

2.

Notify the news media;

3.

Place notices in appropriate regional or neighborhood newspapers or trade journals;

4.

Publish notice in agency newsletters or send notice to agency mailing lists, either
general lists or lists for specific proposals or subject areas; and

5.

Mail notice to neighboring property owners and/or residents.

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§ 14.03.020. Optional public notice.

B.

The Ddirector's failure to provide an optional notice, as described in this section, shall not
be grounds for an appeal or invalidation of any permit decision.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.03.030. Notice of public hearing.
A.

Content of Notice of Public Hearing for All Applications. The notice of a public hearing
required by this chapter shall contain:
1.

The name and address of the applicant and/or the applicant's representative;

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§ 14.03.030

WEST RICHLAND CODE

§ 14.03.030

2.

Description of the subject property reasonably sufficient to inform the public of its
location, including but not limited to a vicinity location or written description, a map
or postal address, and/or a subdivision lot and block designation; the notice does not
need to include a legal description;

3.

The date, time, and place of the hearing;

4.

The nature of the proposed use or development;

5.

A statement that all interested persons may appear and provide testimony;

6.
7.

The sections of the code that are pertinent to the hearing procedure;
A statement explaining when information may be examined, and when and how
written comments addressing findings required for a decision by the hearing body
may be admitted;
The name of a city representative to contact and the telephone number where
additional information may be obtained;

8.
9.

A statement that a copy of the application materials are available for inspection; and

Mailed Notice. Mailed notice of the public hearing shall be provided as follows:
1.

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10. A statement explaining that a copy of the staff report will be available for inspection
prior to the hearing.

Type I, Type II, and Type V Actions. No public notice is required because no public
hearing is held, except for the following:
a.

A an appeal of a Type II action.

3.

Type III, IV and VI Actions. The notice of the public hearing shall be mailed to:

D

2.

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a.b. Lot split via unit lot subdivision

a.

The applicant;

b.

All owners of property within 600 feet of the subject property; and

c.

Any person who submits written or oral comments on an application;

d.

For a plat alteration or a plat vacation, notice shall be as provided in RCW
58.17.080 and 58.17.090.

Type IV Preliminary Plat Actions. In addition to the notice provided for Type IV
actions included in subsection (B)(2) of this section, notice for preliminary plats and
proposed subdivisions shall also include the following:
a.

Notice of the filing of a preliminary plat adjacent to or within one mile of the
municipal boundaries of any city or town, or which contemplates the use of any
city or town utilities, shall be given to the appropriate city or town authorities;

b.

Notice of the filing of a preliminary plat of a proposed subdivision adjoining the
boundaries of Benton County shall be given to the appropriate county officials;

c.

Notice of the filing of a preliminary plat of a proposed subdivision located
adjacent to the right-of-way of a state highway or within two miles of the
boundary of a state or municipal airport shall be given to the Department of

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City of West Richland, WA

§ 14.03.030

ADMINISTRATION OF DEVELOPMENT

§ 14.03.030

Transportation;

e.

Publish notice not less than 10 calendar days prior to the public hearing in a
newspaper of general circulation within Benton County and the area of the
proposal.

4.

Type VII Actions. For Type VII legislative actions, the city shall post notice as
described in subsection A of this section on the official city website and notify the
news media.

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Special notice of the hearing shall be given to adjacent landowners by any
method deemed reasonable by the Ddirector. Adjacent landowners are owners
of real property, as shown by the records of the county assessor, located within
600 feet of any portion of the boundary of the proposed subdivision. If the
owner of the real property which is proposed to be subdivided owns another
parcel or parcels of real property which lie adjacent to the real property
proposed to be subdivided, notice under RCW 58.17.9090(1)(b) shall be given
to owners of real property located within 600 feet from any portion of the
boundaries of the adjacent parcels owned by the owner of the real property to
be subdivided; provided, that such notice need not exceed 5,000 feet from the
boundary of the proposed subdivision;

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General Procedure for Mailed Notice of Public Hearing.
The records of the Benton County assessor's office shall be used for determining
the property owner of record. Addresses for a mailed notice required by this
code shall be obtained from the applicable county's real property tax records.
The Ddirector shall cause to be issued a sworn certificate of mailing to all
persons entitled to notice under this chapter. The Ddirector may provide notice
to persons other than those required to receive notice under the code.

b.

All mailed public notices shall be deemed to have been received on the next
business day following the day that the notice is deposited in the mail.Mailing
of public notice is complete upon deposit with the United States mail, postage
prepaid

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a.

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5.

d.

C.

Procedure for Posted Notice of Public Hearing. Posted notice of the public hearing is
required for all Type III, IV, and VI project permit applications. The posted notice shall be
posted as required by WRMC 14.03.010(A).

D.

Time and Cost of Notice of Public Hearing.
1.

Notice of the public hearing shall be mailed and posted not less than 10 calendar
days, nor more than 30 calendar days prior to the hearing date; provided the notice
requirements of WRMC 14.03.010 shall also be met when applicable. Posted notices
shall be removed by the applicant within 15 calendar days following the public
hearing.

2.

All costs associated with the public notice shall be borne by the applicant, who will
be invoiced by city staff for mailing costs, etc.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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CHAPTER 14.04
CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA
§ 14.04.010. Determination of consistency.
A.

Purpose. This section provides the process to determine consistency between a proposed
project permit application, applicable regulations, and the comprehensive plan.

B.

Consistency. During project permit application review, the Ddirector shall determine
whether the proposed project complies with, conforms to, and is consistent with the city’s
applicable development regulations applicable to the proposed project, or, in the absence
of applicable development regulations, the city's comprehensive plan. This determination
shall be based on, address the consideration of the following:
The type of land use permitted at the site, including uses that may be allowed if the
applicable approval criteria for their approval have been satisfied;

2.

The level of development, such as units per acre, density of residential development
in urban growth areas, or other measures of density;

3.

The Aavailability and adequacy of infrastructure, and including public facilities, and
services necessary to serve the proposed development that are available or planned
to be available, including infrastructure and public facilities identified in the
comprehensive plan;

4.

Whether public facilities identified in the comprehensive plan are planned and
financed as required by Chapter 36.70A RCW;Whether the plan or development
regulations provide for funding of these facilities as required by Chapter 36.70A
RCW; and

5.

The characteristics of the proposed development, as authorized by development standards.

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Concurrency. During project permit application review, a concurrency review shall be
completed by the Public Works Director or their designee. The review shall consist of an
evaluation of the transportation impacts created by the proposed project on the city street
system. The city shall make a determination as to whether the transportation impacts of
the proposed project will cause the level of service on the city street system to drop below
the level of service adopted in the city’s comprehensive plan. In the event that a proposed
project is anticipated to create a drop in the level of service below the standard adopted in
the comprehensive plan, the City shall identify mitigation measures that could be
implemented to prevent the projected decline in the level of service. Nothing in this
section would prevent an applicant from modifying their proposal to avoid a projected
decline in the level of service. Mitigation measures may not be necessary if the City has a
transportation project listed in its adopted six-year plan that, if implemented, would
prevent the decline in the projected level of service.

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1.

C.D. Project Review. Project review by the directorDirector and appropriate city staff from
other city departments and appropriate city staff shall identify specific project design and
conditions relating to the characteristics of the proposed development, such as the details
of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to
mitigate a proposal's probable adverse environmental impacts. During project review,
neither the directorDirector nor any other city reviewing body may reexamine alternatives
or hear appeals onreconsider matters found consistent with development regulations
and/or the comprehensive plan, except for issues of code interpretation.
(Ord. 38-07 § 1, 2007; Ord. 30-19 § 1 (Att. C), 2019; Ord. 20-20 § 1 (Att. A), 2020)
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§ 14.04.020. Initial SEPA analysis.
The directorDirector shall review the project permit application for consistency with the
State Environmental Policy Act ("SEPA"), Chapter 43.21C RCW, the SEPA Rules
contained in Chapter 197-11 WAC, and Chapter 18.04 WRMC, Environmental Review
(SEPA), and shall:
1.

Determine whether applicable regulations require studies to adequately analyze all of
the proposed project's specific probable adverse environmental impacts;

2.

Determine whether applicable regulations require mitigation measures to adequately
address identified environmental impacts; and

3.

CoordinateProvide prompt and coordinated review by other government agencies
and provide opportunities for the public review as required byon compliance with
applicable environmental laws and plans, including consideration of mitigation for
specific project impacts that have not previously been considered and addressed
through at the adopted plans, or development regulations, or prior environmental
review level.

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A.

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§ 14.04.020

ADMINISTRATION OF DEVELOPMENT

§ 14.04.030

B.

In their his/her review of a project permit application, the directorDirector shall determine
whether the applicable development regulations, the comprehensive plan, and/or other
applicable local, state, or federal laws provide for adequate analysis of and mitigation for
specific adverse environmental impacts of the proposal, including but not limited to the
requirements for environmental analysis, protection, and mitigation measures.

C.

If the directorDirector bases or conditions their his or her approval of the project permit
application on compliance with the requirements or mitigation measures described in
subsection BA of this section, the city shall not impose additional mitigation under SEPA
during project review for the same adverse environmental impacts.

D.

A comprehensive plan, development regulation or other applicable local, state or federal
law provides adequate analysis of, and mitigation for, the specific adverse environmental
impacts of a proposal when:
The impacts have been avoided or otherwise mitigated; or

2.

The city has designated in the comprehensive plan, development regulations, or
other applicable adopted plan or law that certain levels of service, land use
designations, development standards, or other land use conditions allowed by Chapter
36.70A RCW are acceptable.

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1.

In deciding whether a specific adverse environmental impact has been addressed by an
existing city plan or development regulation, or by the regulations or laws of another
government agency, the directorDirector shall consult orally or in writing with that agency
and may expressly defer to that agency. In making this deferral, the directorDirector shall
base or condition any project approval on compliance with these other regulations.

F.

Nothing in this section limits the authority of the directorDirector toin reviewing or
mitigateing the impacts of a proposed project byto adopting or otherwise relying on
environmental analyses and requirements under other laws, as provided by the State
Environmental Policy Act, Chapter
43.21C RCW.

G.

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E.

The directorDirector shall also review the application under Chapter 18.04 WRMC,
Environmental Review (SEPA); provided, that such review shall be coordinated with the
underlying permit application review.
(Ord. 38-07 § 1, 2007; Ord. 30-19 § 1 (Att. C), 2019; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.04.030. Categorically exempt and planned actions.
A.

Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a),
Chapter 197-11 WAC, and in accordance with WRMC 18.04.080(B) do not require
environmental review are not subject to threshold determination or preparation of an
environmental impact statement under SEPA. Action that is categorically exempt under
rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be
conditioned or denied under SEPA. Other applicable laws or regulations may apply.

B.

Planned Actions. Projects proposed within a planned action area established by the city
pursuant to RCW 43.21C.031, RCW 43.21C.440, and Chapter 197-11 WAC, may qualify as
planned actions. The applicant shall submit a complete planned action determination of
consistency review checklist and any other submittal requirements specified by the Director at
the time of application submittal. If the City determines the project is within a planned action
area and meets the requirements and thresholds established for the planned action, no
additional SEPA review is required beyond the adopted planned action environmental analysis

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City of West Richland, WA

and mitigation measures. If a project does not qualify as a planned action, SEPA review will
be required.
A planned action does not require a threshold determination or the preparation of an
environmental impact statement under SEPA, but is subject to environmental review
and mitigation under SEPA.

2.

A "planned action" is defined in WAC 197-11-164.

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§ 14.04.030

WEST RICHLAND CODE

§ 14.04.030

C.

Limitations on Planned Actions. The city shall limit planned actions to certain types of
development or to specific geographical areas that are less extensive than the jurisdictional
boundaries of the city, and may limit a planned action to a time period identified in the
environmental impact statement, an ordinance adopted for a planned action, or this
planned action ordinancetitle.

D.

During project review, the city shall not reexamine alternatives to or hear appeals on the
items identified in WRMC 14.04.010(B), except for issues of code interpretation.

Project review shall be used to identify specific project design and conditions relating to
the character of development, such as the details of site plans, curb cuts, drainage swales,
the payment of impact fees, or other measures to mitigate a proposal's probable adverse
environmental impacts.
(Ord. 38-07 § 1, 2007; Ord. 30-19 § 1 (Att. C), 2019; Ord. 20-20 § 1 (Att. A), 2020)

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CHAPTER 14.05
OPEN RECORD PUBLIC HEARINGS
§ 14.05.010. General.
Public hearings on all Type II, III, IV and VI project permit applications shall be conducted in
accordance with this chapter.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.05.020. Responsibility of directorDirector for hearing.
The directorDirector shall:
Schedule project permit applications for review and public hearing;

B.

Provide the required notice;

C.

Prepare the staff report on the application, which shall be a single report which sets forth
all of the decisions made on the proposal as of the date of the report, including
recommendations on project permits in the consolidated permit process .that do not
require an open record predecision hearing. The report shall also describe any mitigation
required or proposed under the city's development regulations or SEPA authority. If the
threshold determination, other than a determination of significance, has not been issued
previously by the city, the report shall include or append this determination. With Type I
or II project permit applications, this report may be the permit;

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A.

Prepare the notice of decision, if required by the hearing body, and mail a copy of the notice
of decision to those entitled by this chapter to receive the decision.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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§ 14.05.030. Conflict of interest.

The hearing body shall be subject to the code of ethics and prohibitions on conflict of interest as
set forth in RCW 35A.42.020 and Chapter 42.23 RCW, as the same now exists or may hereafter
be amended.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.05.040. Ex parte communications.
A.

B.

No member of the hearing body may communicate, directly or indirectly, regarding any
issue in a proceeding before him or her, other than to participate in communications
necessary to procedural aspects of maintaining an orderly process, unless he or she
provides notice and opportunity for all parties to participate; except as provided in this
section:
1.

The hearing body may receive advice from legal counsel;

2.

The hearing body may communicate with staff members (except where the
proceeding relates to a code enforcement investigation or prosecution).
If, before serving as the hearing body in a quasi-judicial proceeding, any member of the
hearing body receives an ex parte communication of a type that could not properly be
received while serving, the member of the hearing body, promptly after starting to serve,

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§ 14.05.040

WEST RICHLAND CODE

§ 14.05.070

shall disclose the communication as described in subsection C of this section.
C.

If a member of the hearing body receives an ex parte communication in violation of this
section, he or she shall place on the record:
1.

All written communications received;

2.

All written responses to the communications;

3.

The substance of all oral communications received, and all responses made;

4. Identity of each person from whom member received any ex parte communication.
The hearing body shall advise all parties that these matters have been placed on the record.
Upon request made after notice of the ex parte communication, any party desiring to rebut
the communication shall be allowed to place a rebuttal statement on the record.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.05.050. Disqualification.
A member of the hearing body who is disqualified shall not be counted for purposes of
forming a quorum. Any member who is disqualified shall make full disclosure to the
audience of the reason(s) for the disqualification, abstain from voting on the proposal, and
physically leave the hearing.

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A.

If enough members of the hearing body are disqualified so a quorum cannot be achieved,
all members present, after stating their reasons for disqualification, shall be requalified and
deliberations shall proceed.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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§ 14.05.060. Burden and nature of proof.

D

Except for Type VII actions, the burden of proof is on the proponent. The project permit
application must be supported by convincing proof that it conforms to the applicable elements of
the city's development regulations and comprehensive plan. The proponent must also prove that
any significant adverse environmental impacts have been adequately mitigated.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.05.070. Order of proceedings.
A.

B.

Before receiving testimony and other evidence on the issue, the following shall be
determined:
1.

Objections on jurisdictional grounds shall be noted on the record and if there is
objection, the hearing body may proceed or terminate the proceeding;

2.

Any member disqualifications shall be determined.

The presiding officer may take official notice of commonly known and accepted
information, such as:
1.

Ordinances, resolutions, rules, officially adopted development standards, and state
law;

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City of West Richland, WA

§ 14.05.070
2.

ADMINISTRATION OF DEVELOPMENT

§ 14.05.080

Public records and facts judicially noticeable by law.

C.

Information officially noticed need not be proved by submission of formal evidence to be
considered by the hearing body. Parties requesting official notice of any information shall
do so on the record. The hearing body, however, may take notice of matters listed in
subsection B of this section at any time. Any information given official notice may be
rebutted.

D.

The hearing body may view the proposed project site or planning area with or without
notification to the parties, but shall put into the record a statement setting forth the time,
manner and circumstances of the site visit.

E.

Information shall be received from the staff and from proponents and opponents. The
presiding officer may, in his or her discretion, permit persons attending the hearing to ask
questions. Unless the presiding officer specifies otherwise, approved questions will be
asked of persons submitting testimony by the presiding officer.

When the presiding officer has closed the public hearing portion of the hearing, the hearing
body may openly discuss the issue and may further question the staff or any person
submitting information. An opportunity to present rebuttal shall be provided if new
information is presented in the questioning. When all evidence has been presented and all
questioning and rebuttal completed, the presiding officer shall officially close the record
and end the hearing.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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F.

§ 14.05.080. Decision.

Following the hearing procedure described in WRMC 14.05.070, the hearing body shall
approve, conditionally approve, or deny the application. If the hearing is an appeal, the
hearing body shall affirm, reverse or, with the written consent of the applicant, which shall
include a waiver of the statutory prohibition against two open record hearings, remand the
decision for additional information.

B.

The hearing body's written decision shall be issued within 10 working days after close of
record of the hearing and within 90 days of the opening of the hearing, unless a longer
period is agreed to by the parties.

C.

The city shall provide a notice of decision that also includes a statement of any threshold
determination made under SEPA (Chapter 43.21C RCW) and the procedures for
administrative appeal, if any. The notice shall include the SEPA threshold determination
for the proposal, if not previously sent, and a statement that no administrative appeal of
the threshold determination is provided for in Chapter 18.04 WRMC. For Type II, III, IV
and VI project permits, the notice of decision on the issued permit shall contain the
requirements set forth in WRMC 14.05.020(C).

D.

The notice of decision shall be provided to the applicant and to any person who, prior to
the rendering of the decision, requested notice of the decision or submitted substantive
comments on the application.

E.

Notice of the decision shall be provided to the public as set forth in WRMC
14.03.030(B)(2)(a) and (B)(2)(c).

F.

If the city is unable to issue its final decision on a project permit application within the time
limitsreview time period provided for in this section, it shall provide written notice of this
fact to the project

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§ 14.05.080

WEST RICHLAND CODE

§ 14.05.090

applicant. The notice shall include a statement of reasons why the time limitsreview time
periods have not been met and an estimated date for issuance of the notice of decision.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.05.090. Notice of final decision.
The directorDirector shall issue a notice of final decision within the review time period
established in WRMC 14.02.060within 120 days of the issuance of the determination of
completeness pursuant to WRMC 14.02.030. ; provided, that the time period for issuance
of a notice of final decision on a preliminary plat shall be 90 days, and for a final plat and
final short plat within 30 days., and a short plat 30 days. The notice shall include the
SEPA threshold determination for the proposal, if not previously issuedsent, and a
statement that no administrative appeal of the threshold determination is provided for in
Chapter 18.04 WRMC. a description of any available administrative appeals. For Type II,
III, IV and VI project permits, the notice shall explain that affected property owners may
request a change in property tax valuation notwithstanding any program of revaluation.
The notice of final decision shall be mailed or otherwise delivered to the applicant, to any
person who submitted comments on the application or who requested a copy of the
decision, and to the Benton County assessor.

B.

In calculating tThe review time periodstimelines establishedset forth in subsection A of
this section for issuance of the notice of final decision, the following periods shall be
calculated in accordance with WRMC 14.02.060. excluded:

C.

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A.

Any period during which applicant has been asked by the director to correct plans,
perform required studies or provide additional required information. The period shall
be calculated from the date director notifies applicant of the need for additional
information until the earlier of the date director determines the additional
information provided satisfies the request for information or 14 days after date
additional information is provided to the city;

2.

If the director determines that the information submitted is insufficient, the applicant
shall be informed of the particular insufficiencies and the procedures set forth in
subsection (B)(1) of this section for calculating the exclusion period shall apply;

3.

Any period during which an environmental impact statement (EIS) is being prepared
pursuant to Chapter 43.21C RCW and WRMC Title 18. The time period for
preparation of an EIS shall be governed by WRMC 18.04.180;

4.

Any period for consideration and issuance of a decision for administrative appeals of
project permits, which shall be not more than 90 days for open record appeals and 60
days for closed record appeals, unless a longer period is agreed to by the director and
the applicant;

5.

Any extension of time mutually agreed to by the director and the applicant.

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1.

The time limits review time periods established in this title do not apply, or shall be
recalculated as provided for, ifwhen a project permit application:
1.

Requires an amendment to comprehensive plan or a development regulation;

2.

Requires siting approval of an essential public facility as provided in
RCW36.70A.200; or

3.

Is substantially revised by the applicant, in which case the review time period shall

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start from the date that a determination of completeness for the revised application is
issued by the directorDirector pursuant to WRMC 14.02.030 and RCW 36.70B.070.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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CHAPTER 14.06
CLOSED RECORD HEARING MEETINGS AND APPEALS
§ 14.06.010. Appeals of decisions.
The right of appeal for all project permit applications and Type VII land use decisions shall be
as described in the matrix set forth in WRMC 14.01.030.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.06.020. Consolidated appeals.
All appeals of project permit application decisions, other than appeals of determinations of
significance ("DS"), and exempt permits and approvals under WRMC 14.01.070, shall be
considered together in a consolidated appeal using the appeal procedure for the highest type
permit application.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.06.030. Standing to initiate an administrative appeal.
Limited to Parties of Record. Only parties of record may file an administrative appeal.

B.

Definition. The term "parties of record," for the purposes of this chapter, shall mean:

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A.

The applicant;

2.

Any person who testified at the open record public hearing on the application;

3.

Any person who submitted written comments concerning the application at the open
record public hearing (excluding persons who have only signed petitions or
mechanically produced form letters); and/or

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1.

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4. The West Richland city council.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.06.040. Appeals of recommendations and decisions.
A.

Permit Decisions or Recommendations. Appeals of a hearing body's recommendation or
decision or recommendation and on a project permit application shall be governed by the
following:
1.

Standing. Only parties of record have standing to appeal the hearing body's decision.

2.

Time to File. An appeal must be filed within 10 working days of the issuance of the
hearing body's written decision. Appeals shall be delivered to the directorDirector by
mail, by personal delivery or by fax before 5:00 p.m. on the last business day of the
appeal period. Appeals received by mail after 5:00 p.m. on the last day of the appeal
period will not be accepted, no matter when such appeals were mailed or
postmarked.

3.

Computation of Time. For the purposes of computing the time for filing an appeal,
the day the hearing body's decision is issued shall not be counted. If the last day of
the appeal period is a Saturday, Sunday, or holiday designated by RCW 1.16.050(1)
or by a city ordinance, then the appeal must be filed on the next business day.

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§ 14.06.040
4.

WEST RICHLAND CODE

§ 14.06.050

Content of Appeal. Appeals shall be in writing, be accompanied by the required
appeal fee, and contain the following information:

5.

a.

Appellant's name, mailing address, and phone number, and email address;

b.

A statement describing appellant's standing to appeal;

c.

Identification of the application which is the subject of the appeal;

d.

Appellant's statement of grounds for appeal and the facts upon which the appeal
is based with specific references to the facts in the record;

e.

The specific relief sought;

f.

A statement that the appellant has read the appeal and believes the contents to
be true, followed by the appellant's signature.

Effect. The timely filing of an appeal shall stay the hearing body's decision until such
time as the appeal is concluded or withdrawn.

Notice of Appeal. The directorDirector shall provide mailed notice of the appeal to
all parties of record as defined in WRMC 14.06.030.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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6.

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§ 14.06.050. Procedure for closed record decision/appeal.

Closed record appeals and closed record hearings shall be on the record established at the
open record hearing before the hearing body/officer whose decision is appealed, which
shall include the written decision of the hearing body/officer, a transcript or recording of
the proceedings, and copies of any exhibits admitted into the record.

B.

No new testimony or other evidence will be accepted by the appeal body/officer except: (1)
new information that was unknown to the parties at the time of the hearing which could not
reasonably have been discovered by the parties and is necessary for a just resolution of the
appeal; and (2) relevant information that, in the opinion of the appeal body/officer, was
improperly excluded by the hearing body/officer. Appellants who believe that information
was improperly excluded must specifically request, in writing prior to the closed record
appeal hearing, that the information be made part of the record. The request shall describe
the information excluded, its relevance to the issues appealed, the reason(s) that the
information was excluded by the hearing body/officer, and why the hearing body/officer
erred in excluding the information. No reference to excluded information shall be made in
any presentation to the appeal body/officer on the merits, written or oral, until the appeal
body/officer has determined that the information should be admitted.

C.

Parties to the appeal may present written and/or oral arguments to the appeal body/officer.
Arguments shall describe particular errors committed by the hearing body/officer with
specific references to the administrative record. The appellant shall bear the burden to
demonstrate that substantial evidence does not exist in the administrative record to support
the decision of the hearing body/officer.

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A.

D.

The hearing shall commence with a presentation by the directorDirector or the director's
designee of the general background of the proposed development and issues in dispute.
After the directorDirector's presentation, the appellant shall first present oral argument and
then other parties

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§ 14.06.050

ADMINISTRATION OF DEVELOPMENT

§ 14.06.070

of record shall make their arguments. The appeal body/officer may question any party
concerning disputed issues but shall not request information not in administrative record.
E. The appeal body/officer shall determine whether there is substantial evidence in the
administrative record to support the decision of the hearing body/officer. The appeal body/
officer may affirm, modify or reverse the decision of the hearing body/officer. Upon
written agreement by the applicant to waive the requirement for a decision within the
review time periods set forth in RCW 36.70B.080, as allowed by RCW 36.70B.080(3), the
appeal body/ officer may remand the decision to the hearing body for additional
information.
F.

Open Record Appeal Hearings. An open record appeal hearing shall be conducted in the
manner set forth in Chapter 14.05 WRMC.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.06.060. Judicial appeals.

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§ 14.06.070. Resubmission of application.

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The city's final decision on an application may be appealed by a party of record with standing
to file a land use petition in Benton County superior court. Such petition must be filed within 21
days after issuance of the decision, as provided in Chapter 36.70C RCW.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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Any project permit application or other request for approval submitted pursuant to this chapter
that is denied shall not be resubmitted or accepted by the directorDirector for reconsideration
for a period of 12 months from the date of the last action by the city on the application or
request unless, in the opinion of the directorDirector, there has been a significant change in the
application or a significant change in conditions related to the impacts of the proposed project.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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CHAPTER 14.08
DEVELOPMENT AGREEMENTS
§ 14.08.010. Purpose and aAuthority and general provisions.
The purpose of this chapter is to authorize the use of development agreements consistent
with RCW 36.70B.170 through 36.70B.210 for development of property that is ten net
acres or more. In accordance with RCW 36.70B.170, the city may, but under no
circumstances is required to, consider, and enter into, a development agreement with a
person having ownership or control of real property within the city limits. The city may but
under no circumstances is required to, consider enter into a development agreement for real
property outside of the city limits but within the urban growth area (UGA) as part of a
proposed annexation or a service agreement.

B.

The development agreement may address such project elements as those set forth herein,
pursuant to RCW 36.70B.170(3). A The development agreement shall be consistent with
the applicable development regulations of the city, including the policies and goals of the
city of West Richland comprehensive plan, except for such modifications allowed by this
chapter and applicable development regulations.

C.

The consideration provided by the property owner for the city’s decision to enter into the
development agreement may vary, depending on the benefit the development agreement
will provide to the city and/or the public in general

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A.

(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020; Ord. 10-26 § 10, 2026)

B.

As applicable, the development agreement shall specify the following:
1.

Project elements such as permitted uses, residential densities, nonresidential densities
and intensities or building sizes;

2.

The amount and payment of impact fees imposed or agreed to in accordance with any
applicable provisions of state law, any reimbursement provisions, other financial
contributions by the property owner, inspection fees, or dedications;

3.

Mitigation measures,
Chapter43.21C RCW;

4.

Design standards such as architectural treatment, maximum heights, setbacks,
landscaping, drainage and water quality requirements and other development features;

5.

Provisions for affordable housing, if applicable;

6.

Parks and common open space preservation;

7.

Phasing;

8.

A build-out or vesting period for applicable standards; and

9.

Any other appropriate development requirement or procedure which is based upon a
city policy, rule, regulation or standard.

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A.

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§ 14.08.020. General provisions of development agreements.

development

conditions

and

other

requirements

of

As provided in RCW 36.70B.170, the development agreement shall reserve authority to

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impose new or different regulations to the extent required by a serious threat to public
health and safety.
§ 14.08.020. Form of agreement, effect and general provisions.
A. Form. A development agreement shall set forth the development standards and other
provisions that apply to and govern and vest the development, use, and mitigation of the
development of the real property for the duration specified in the agreement.

2.

3.

For the purposes of this chapter, "development standards" may include, but are not
limited to:
Project elements such as residential densities, nonresidential densities and intensities or
building sizes, including reduced lot sizes;

b.

The amount and payment of impact fees imposed or agreed to in accordance with any
applicable provisions of state law, any reimbursement provisions, other financial
contributions by the property owner, inspection fees, or dedications;

c.

Mitigation measures, development conditions, and other requirements under Chapter
43.21C RCW;

d.

Design standards such as maximum heights, setbacks, landscaping, and other
development features;

e.

Affordable housing;

f.

Parks and open space preservation;

g.

Phasing;

h.

Review procedures and standards for implementing decisions;

i.

A build-out or vesting period for applicable standards; and

j.

Any other development requirement or procedure deemed appropriate by the city
council.

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a.

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1.

In addition to the development standards listed in "1" above, a development
agreement may also be utilized to establish the following:
a.

The amount, payment, timing, and/or credits for sewer system development fees and
water system development fees; and

b.

The design, timing, and credits for development of any public infrastructure, including
roads, parks, natural systems, water, sewer, and stormwater facilities.

In order to encourage innovative land use management and provide flexibility to
achieve public benefits, a development agreement adopted pursuant to this chapter
may impose development standards that differ from the following development
regulations of this code; provided, that any development standards imposed by the
development agreement shall be consistent with the comprehensive plan:
a.

Area and dimensional regulations (WRMC 17.54.050); and

b.

Yard setbacks (WRMC 17.54.070).

4.

A development agreement shall not modify any provision of this code that is not identified in
subsection (1)(b) and/or (1)(c) of this section.

5.

A development agreement may modify the provisions of this code only if the city council

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determines that the requested modifications are necessary to provide flexibility to achieve
public benefits and provide superior outcomes than those that would result from strict
compliance with the other applicable development standards.
6.

Any approved development standards that differ from those other applicable development
standards shall not require any further zoning reclassification, variance from city standards or
other city approval apart from development agreement approval.

7.

Subsequently adopted standards which differ from those in the development agreement shall
apply to the subject site where necessary to address a serious threat to public health and safety
or where the development agreement specifies a time period or phase after which certain
identified standards may be modified. Building permit applications shall be subject to the
building and construction codes in effect when the building permit application is deemed
complete.

Decision Type. Development agreements are a Type VII action but are legislative in nature The
planning commission's role with respect to a development agreement is to hold a public hearing and
provide a recommendation to the West Richland city council. A development agreement shall be
approved or denied by resolution or ordinance of the West Richland city council after a public
hearing.

C.

Effect. Development agreements are not project permit applications and are not subject to the
permit processing procedures in Chapter 36.70B RCW. A development agreement shall constitute a
binding contract between the city and the property owner and the subsequent owners of any lateracquired interests in the property identified in the development agreement. A development
agreement governs the project identified in the development agreement during the term of the
development agreement, or for all or that part of the build-out period specified in the development
agreement, and may not be subject to an amendment to a zoning ordinance or development
standard adopted after the effective date of the agreement, except as set forth in this chapter. A
permit or approval issued/granted by the city after execution of a valid development agreement
must be consistent with the development agreement.

C.D. Limitations

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B.

D

D.1. A development agreement shall be limited to a 10-year term if any provision of the
agreement requires the city to:
a. Refrain from exercising any authority that it would have otherwise been able
to exercise in the absence of the development agreement;
b. Defer application to the subject property of any newly adopted development
regulations that would otherwise apply to the property identified in the
agreement; or
c. Allow vesting beyond the applicable deadlines included in RCW 19.27.095
and RCW 58.17.033.
2. The development agreement shall also contain a proviso that the city may, without
incurring any liability, engage in action that would otherwise be a breach if the city
makes a determination on the record that the action is necessary to avoid a serious
threat to public health and safety, or if the action is required by federal or state law.
3. The full costs of drafting and processing the development agreement, including staff
time and legal fees, shall be reimbursed by the owner or applicant prior to final city
council action on the agreement to the extent such costs exceed the initial application
fee. In no event shall the city execute the development agreement until all costs,
including the cost of recording, have been reimbursed by the owner or applicant.
D.E. Developer's Compliance. The development agreement shall include a clause stating that the city's
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duties under the agreement are expressly conditioned upon the property owner's substantial
compliance with each and every term, condition provision and/or covenant in the development
agreement, all applicable federal, state, and local laws and regulations and the property owner's
obligations as identified in any approval or project permit for the property identified in the
development agreement.
E.F. No Third Party Rights. Except as otherwise provided in the development agreement, the
development agreement shall create no rights enforceable by any party who/which is not a
party to the development agreement.
F.G. Liability. The development agreement shall include a clause providing that any breach of
the development agreement by the city shall give right only to damages under state contract
law and shall not give rise to any liability under Chapter 64.40 RCW, the Fifth and
Fourteenth Amendments to the U.S. Constitution, or similar state constitutional provisions.

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G.H. Termination, Modification and Extension. Every development agreement shall have an
identified, specific termination date. Upon termination, any further development of the
property shall conform to the development regulations applicable to the property at the
time of permit application. The city shall not modify any development agreement by
extending the termination date unless the city council makes legislative findings that the
additional benefits to the city provided by the developer in exchange for such extension of
the development agreement outweigh the impacts from the development authorized by the
extension. In no case shall an extension include the extension of provisions that are
inconsistent with state or federal law at the time of such extension. Any request for a
modification shall be consistent with the city's development regulations applicable to the
property at the time of the request, not the original execution date of the development
agreement. Any extensions aranted shall be for no more than a length of 10 years. The total
term of the agreement, including extensions, may not exceed 20 years. Extensions may not
be granted unless an application for an extension is made no later than 180 days prior to the
termination date in the development agreement or prior to the termination of any extension
of a development agreement.

D

(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020; Ord. 10-26 § 10, 2026)
§ 14.08.030. Enforceability.
Unless amended or terminated, a development agreement is enforceable during its term by a party to
the agreement. A development agreement and development standards in the agreement govern during
the term of the agreement or for all or that part of the build-out period specified§ in the agreement. The
agreement may not be subject to an amendment to a zoning ordinance or development standard or a
new zoning ordinance or development standard or regulation adopted after effective date of agreement.
Permit approval issued by the city after execution of the agreement must be consistent with the
development agreement.
§ 14.08.030. Application Requirements
Any owner of real property may, personally or through an agent, apply for a development agreement by
filing with the city the following:
A. Name, address, telephone number and email address (if any) of the property owner. If the applicant
is not the property owner, the applicant must submit a verified statement from the property owner
that the applicant has the property owner's permission to submit the application;
B. Address, parcel number(s) and legal description(s) of the property proposed to be subject to the
development agreement;
C. Information adequate to demonstrate that the property or properties which are contiguous are at least
ten (10) net acres in size;
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D. Recent title report confirming that the property identified in the application is owned by the
applicant/property owner;
E. Identification of any application (project permit application, comprehensive plan amendment
application, development regulation amendment application) that is related to the proposed
development agreement;
F. SEPA checklist, if applicable;
G. Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all
current owners of real property, as shown in the records of the county assessor for the subject
property, within 300 feet or three parcels, whichever distance is greater, but not required to exceed a
distance of 1,000 feet, of each boundary of the subject property, or within 300 feet of adjacent
parcels to the real property subject to the development which is under the same ownership, as set
forth in 14.08.050(3)(b);
H. A copy of the county assessor's map identifying the properties specified in the preceding subsection:
I.

A completed application form and the application fee established by the city for this purpose; and

J. Any other information requested by the city relevant to the processing of the development
agreement.

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(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020; Ord. 10-26 § 10, 2026)

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§ 14.08.040. Approval procedure for development agreements.

D

§ 14.08.040. Phasing

R

A development agreement is a Type VII project permit application and shall be processed in
accordance with the procedures established in this title. The planning commission's role with respect to
a development agreement is to hold a public hearing and provide a recommendation to the West
Richland city council. A development agreement shall be approved by resolution or ordinance of the
West Richland city council after a public hearing.

A. In order to phase a project to extend the vested rights associated with an underlying project permit
application, a development agreement is required. This ensures the availability of public facilities
and services to all of the property in the identified individual phases, allows tracking of the
available capacity of public facilities and utilities during each phase of construction, and with the
extension of the vested rights associated with the project, provides certainty to the developer in the
subsequent development approval process.
B. The city is not required to extend the vesting period, except as required by state law or as set forth in
the development agreement. If the city decides to do so through a development agreement, it must be
in exchange for the property owner's provision of corresponding benefits to the city in the form of,
for example, contributions to public facilities and amenities over and above what would normally be
required. In any event, the city shall not allow vesting to extend beyond the established 20-year
period after approval of the project permit application.
C. A development agreement for a phased development (such as a subdivision) shall include all of the
following
1. Identification of the phasing schedule.
2. Identification of the number of phases and all lots included in each phase;
3. Identification of the approximate dates for construction of public streets, public utilities
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and other improvements in each phase.
4. Identification of the approximate dates for commencement of development of each lot,
lot sales and building occupancy;
5. Identification of the benefits that the property owner will provide to the city in
exchange for permission to phase the development according to the proposed
schedule;
6. Establishment of the deadline for the property owner to submit development
applications, including building permit applications, for each phase;
7. A description of the manner in which each phase is designed such that all site
requirements are satisfied independently of phases yet to be given final approval and
constructed;

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8. A description of the manner in which the property owner will ensure that adequate
public facilities are available when the impact of development occurs. The property
owner shall acknowledge in the development agreement that if the demand for public
facilities or services needed to accommodate a subsequent development phase
increases following the issuance of a development permit for a prior phase in the
approval process, or if public facilities or services included in a concurrency or SEPA
determination are not constructed as scheduled in the city's capital facilities plan, final
development approval may have to be delayed for future phase spending the
achievement of the adopted levels of service.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020; Ord. 10-26 § 10, 2026)
§ 14.08.050. Form of agreement, council approval, recordation.
Form. All development agreements shall be in a form provided by the city attorney's office. The
city attorney shall approve all development agreements for form prior to consideration by the
planning commission.

B.

Term. Development agreements may be approved for a maximum period of 10 years.

C.

Recordation. A development agreement shall be recorded against real property records of the
Benton County assessor's office. During the term of the development agreement the agreement is
binding on the parties and their successors, including any area annexed to the city.

D

R

A.

§ 14.08.050. Processing procedures and appeals
A.

Development agreements are not "project permit applications" as defined in RCW
36.70B.020(4).Therefore, there is no deadline for processing a development agreement.

B.

A development agreement may be submitted for review in conjunction with a land use and
development permit for the underlying project. The development agreement application may be
consolidated for processing with the underlying project permit application or other application
for approval. Any development plan accompanying the development agreement shall be subject
to the applicable project permit/approval application process set out in this title. The application
shall not be deemed complete until a draft development agreement has been prepared and a
development proposal conforming to the parameters of the development agreement and meeting
all pertinent requirements has been submitted. If the development agreement is consolidated with
a project permit application, the property owner must agree to waive the deadlines in RCW
36.70B.080 and Title 14 WRMC for issuance of a final decision on the underlying application,
as well as the prohibition of no more than one open record hearing and one closed record hearing

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on the underlying project permit application in RCW 36.70B.060(3).
C.

Public Notice and Public Hearing.
1. Notice of the public hearing shall be provided pursuant to WRMC 14 03.030_
2. If the owner of the real property which is the subject of the development agreement owns
another parcel or parcels of real property which lie adjacent to the real property included in
the development agreement. notice under this subsection shall be given to owners of real
property located within 600 feet of any portion of the boundaries of such adjacently located
parcels of real property owned by the owner of the real property included in the
development agreement.
3. The hearing on the development agreement shall be held pursuant to Chapter 14.05 WRMC.
Any requests associated with the project-specific development proposal requiring a public
hearing by the planning commission or other hearing body shall be heard by the planning
commission or other hearing body prior to city council action on the development
agreement. While the director, planning commission, or other hearing body may provide a
recommendation on a development agreement (even if the director, planning commission,
or other hearing body makes the final decision on the underlying project permit application),
the city council shall make the final decision whether to approve a development agreement
by ordinance or resolution after the public hearing.

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4. Modifications to a development agreement shall be in writing, signed by the duly authorized
representatives of the parties, be consistent with this chapter and, where considered
substantive as determined by the director or designee, follow the same procedures set forth
in this chapter
Appeal. A development agreement associated with an underlying project permit application may
be appealed in the same manner and within the same deadline as the underlying project permit
application. A development agreement associated with a legislative approval, such as a
comprehensive plan amendment, may be appealed in the same manner and within the same
deadline as the legislative approval. A modification of a development agreement pursuant to
WRMC 14.08.020(8) may be appealed pursuant to Chapter 36.70C RCW.

E.

Recording Against the Property. The city shall record the development agreement against the
property with the real property records of the Benton County auditor. During the term of the
agreement, it is binding upon the owners of the property and any successors in interest to such
property.

D

R

D.

(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020; Ord. 10-26 § 10, 2026)
§ 14.08.060. Discretionary legislative action
The decision of the city council to approve or reject a request for a new development agreement, a
modification to an existing development agreement, or grant an extension of an existing development
agreement, shall be a discretionary, legislative act and an exercise of the city's police power and contract
authority.
§ 14.08.070. Unauthorized fees prohibited.
Nothing in this chapter is intended to authorize the city to impose impact fees, inspection fees, or
dedications or to require any other financial contributions or mitigation measures except as expressly
authorized by other applicable provisions of law.

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CHAPTER 14.09
AMENDING THE COMPREHENSIVE PLAN
§ 14.09.010. Purpose.
The purpose of this chapter is to establish procedures for amending the city's comprehensive
plan, including the comprehensive plan text and land use map, as well as the land use, housing,
capital facilities plan, utilities, transportation, economic, and park/recreation elements of the
comprehensive plan. The Growth Management Act (GMA) generally allows amendments to
comprehensive plans only once per year, except as otherwise provided in RCW 36.70A.130(2),
so that the cumulative impacts of all proposed amendments can be analyzed. This chapter is
intended to provide a process to docket proposed amendments for annual review, to provide
review time periodstimelines, to identify public participation procedures, application
requirements, and review criteria for consideration of amendments to the various
comprehensive plans.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.020. Exceptions to the amendment process.

T

The city council may amend the comprehensive plan(s) more frequently than once per year under
the following circumstances (consistent with RCW 36.70A.130(2)):
Initial adoption of an identified subarea plan that does not modify the comprehensive plan
policies and designations applicable to the subarea;

B.

The adoption or amendment of a shoreline master program under the procedures set forth
in Chapter 90.58 RCW;

C.

The amendment of the capital facilities element of a comprehensive plan that occurs
concurrently with the adoption or amendment of the city's budget; and

R

Any other circumstance specifically described in RCW 36.70A.130. For purposes of RCW
36.70A.130(2)(b), an emergency may be declared by the city council when delaying action
until the next annual review process would jeopardize human safety or property, or
otherwise result in substantial harm to the public.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

D

D.

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A.

§ 14.09.030. Submission review time periodsdeadlines.
Proposed amendments to the comprehensive plan or land use plan map may be submitted at
any time. Applications received by the last working day in January of a given year will be
considered during that year's annual review period. Applications received after the last working
day in January will be considered during the subsequent year's annual review period.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.040. Types of amendments.
There are two types of comprehensive plan amendments: text and map. All amendments require
docketing and all types can be considered each year. All comprehensive plan amendments are
legislative processes and are not subject to deadlinesreview time periods for issuance of a final
decision or project permit applications in Chapter 14.05 WRMC. While the city may consider
amendments only once a year, there is no review time perioddeadline for the city's final
decision on the amendments, nor is there any limitation on the number of meetings or
hearings that the city may hold to consider the
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§ 14.09.040

ADMINISTRATION OF DEVELOPMENT

§ 14.09.080

amendments.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.050. Annual review process and SEPA review.
Repealed by Ord. 20-20.
(Ord. 38-07 § 1, 2007)
§ 14.09.060. Initiation of amendments.
Amendments may be initiated by any interested person, including applicants, citizens, and staff
of other agencies.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.070. Docket.
Repealed by Ord. 20-20.
(Ord. 27-99 § 4, 1999; Ord. 38-07 § 1, 2007)

B.

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General Application Requirements. All map and text amendment applications shall be
accompanied by a completed application form as provided by the city along with the
following additional information:
Name and address of the person or persons proposing the amendment;

2.

An environmental checklist (SEPA);

3.

All associated fees as established by the city;

4.

A written statement explaining the following:

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§ 14.09.080. Amendment applications.

a.

The purpose of the proposed amendment;

b.

How the amendment is consistent with the Washington State Growth
Management Act;

c.

How the amendment is consistent with the adopted county-wide planning
policies;

d.

How the amendment furthers the purpose of the city's comprehensive plan;

e.

How the amendment is internally consistent with the city's comprehensive plan,
as well as other adopted city plans and codes;

f.

If applicable, how the project will meet concurrency requirements for
transportation; and

g.

Supplemental environmental review and/or critical areas review if determined
by the community development directorDirector to be required.

Comprehensive Plan Text Amendment Requirements. In addition to the general application
requirements, the following additional information shall accompany a text amendment

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WEST RICHLAND CODE

§ 14.09.080

§ 14.09.080

application:
1.

The proposed element, chapter, section, and page number of the comprehensive plan
to be amended.

2.

Proposed text changes, with new text shown in an underline format, and deleted text
shown in strikeout format.

E.C. Comprehensive Plan Map Amendment Requirements. Map amendments include changes
to any of the several maps included in the comprehensive plan including, but not limited
to, the land use map, future roadways map, parks and trails map, etc. All map amendment
applications shall include the information specified under general application
requirements. In addition, land use map amendment applications shall be accompanied by
the following information:
The current land use map designation for the subject parcel(s).

2.

The land use map designation requested.

3.

A complete legal description describing the combined area of all the subject parcel(s).

4.

A vicinity map showing:

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1.

All land use designations within 300 feet of the subject parcel(s).

b.

All parcels within 300 feet of the subject parcel and all existing uses of those
parcels.

c.

All roads abutting and/or providing access to the subject parcel(s) including
information on road classifications (arterial, collector, access) and
improvements to such roads.

d.

Location of shorelines and critical areas on or within 300 feet of the site, if
applicable.

e.

The location of existing utilities serving the subject parcels including electrical,
water and sewer (including septic).

f.

The location and uses of existing structures located on the subject parcel(s).

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a.

5.

A traffic impact analysis (TIA) assessing the potential impacts of the proposed
amendment, if applicable.

6.

Topographical map of the subject parcels and abutting properties at a scale of a
minimum of one inch represents 200 feet (1:200).

7.

The current official zoning map designation for the subject parcel(s).

8.

A detailed plan which indicates any proposed improvements, including plans for:
a.

Paved streets;

b.

Storm drainage control and detention facilities;

c.

Public water supply;

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City of West Richland, WA

§ 14.09.080

9.

ADMINISTRATION OF DEVELOPMENT

§ 14.09.100

d.

Public sanitary sewers; and

e.

Circulation and traffic patterns for the development and the surrounding
neighborhoods.

A corresponding zoning map amendment application where necessary to maintain
consistency between the land use and zoning maps. The rezone application will be
processed separately from, and after, the comprehensive plan amendment.

10. Other information as may be required by the community development Ddirector to
assist in accurately assessing the conformance of the application with the standards
for approval.

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11. A description of any associated development proposals. Development proposals shall
not be processed concurrent with comprehensive plan amendments, but the
development proposals may be submitted for consideration of the comprehensive plan
amendments to limit consideration of all proposed uses and densities of the property
under the city's SEPA, zoning, and comprehensive land use plan. If no proposed
development description is provided, the city will assume that the applicant intends to
develop the property with the most intense development allowed under the proposed
land use designation. The city shall assume the maximum impact, unless the applicant
submits with the comprehensive plan amendment a development agreement to
ameliorate the adverse impact(s) of the proposed development.

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F.D. Related Applications. Comprehensive plan amendments shall be processed separately from any
other related project permit applications, including but not limited to site-specific rezone
applications, except that related development descriptions may be submitted as described in
subsection (C)(11) of this section.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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§ 14.09.085. Proposed amendments list.
Proposed amendments will be assigned an application number and placed on a proposed
amendments list. A current copy of the proposed amendments list shall be maintained by the
community developmentplanning department and shall be available for public inspection
during regular city business hours.
(Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.090. Determination of completeness for proposed amendments.
The community development directorDirector shall review all applications on the proposed
amendments list and make a determination of completeness within 30 days of receipt of
application. (The requirements of RCW36.70B.080 or WRMC 14.02.030 do not apply to
legislative processes.) Applicants will be required to provide any additional material requested
by the director within 15 days of the date of the request. Applications which are determined
to be incomplete as of 45 days after the annual application review time perioddeadline date
identified in WRMC 14.09.030 will not be considered during the current annual review process.
It is highly recommended that applicants for amendments to the comprehensive plan contact the
community developmentplanning department and arrange for a preapplication conference prior
to submittal of an application for amendment, to avoid delays in processing.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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City of West Richland, WA

§ 14.09.100

WEST RICHLAND CODE

§ 14.09.140

§ 14.09.100. Public notice of public hearing(s).
A notice of public hearing(s) on proposed amendments to the comprehensive plan shall be sent
to the news media and posted on the city's official website. For site-specific land use map
amendment proposals (i.e., sites involving four or fewer parcels, or sites consisting of multiple
contiguous parcels under a single ownership), the notice of public hearing shall be mailed to all
property owners within 600 feet of the subject site. Notices shall be both mailed and posted at
least seven days prior to the scheduled public hearing.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.110. Public hearing on the proposed amendments list.
The city council shall review and consider all of the amendments included in the proposed
amendments list that were submitted in time for review during the current calendar year during
a regular council hearing before making a final decision on which amendments will proceed
through the annual amendment process.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.120. Considerations for decision to initiate processing.

A.

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Before rendering a decision whether the individual comprehensive plan amendment proposal
may be processed during any year, the city council shall consider all relevant facts, including the
application materials, as well as the following items:
Whether circumstances related to the proposed amendment and/or the area in which it is
located have substantially changed since the adoption of the comprehensive plan.

Whether the assumptions upon which the comprehensive plan is based are no longer valid,
or whether new information is available which was not considered during the initial
comprehensive plan adoption process or during previous annual amendments.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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§ 14.09.130. Selecting the applications for further processing during annual review.
The council shall consider each application separately under the procedures and criteria set
forth in WRMC 14.09.110 and 14.09.120, and shall decide which applications will be processed
during the current annual amendment process on a final docket, and which will not be processed.
The council's findings and conclusions on the applications that will not be processed shall be
incorporated into a resolution. No findings and conclusions are required for those applications
that are forwarded to the planning commission for further processing during the current annual
review on a final docket.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.140. Planning commission action.
Once the applications are forwarded to the planning commission for further processing, the
community development Ddirector shall review the applications (proposals) under SEPA, and
issue a SEPA threshold decision. The community development directorDirector may use
multiple checklists as provided by the applicants for the individual proposals, or may prepare a
new checklist that combines all actions proposed on the final docket. The planning commission
shall then hold a public hearing(s) on the applications and consider them cumulatively under

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City of West Richland, WA

§ 14.09.140

ADMINISTRATION OF DEVELOPMENT

§ 14.09.160

the criteria set forth in WRMC 14.09.160. The commission's written recommendation on the
applications shall then be forwarded to the city council.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.150. City council action.
The city council shall consider the planning commission's recommendation on the
comprehensive plan amendments and make a decision to either adopt or deny each amendment
application. If the council makes no changes to the planning commission's recommendation,
the council may act on the amendment(s) during a regular city council meeting. If the council
determines to make any changes to the planning commission's recommendation, the council may
be required to schedule and hold a public hearing, pursuant to RCW 36.70A.035(2).
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.160. Criteria for approval.

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The proposed amendment will not adversely impact the city's ability to provide sewer and
water, and will not adversely affect adopted levels of service standards for other public
facilities and services, such as parks, police, fire, emergency medical services and
governmental services;
Adequate infrastructure, facilities, and services are available to serve the proposed or
potential development expected as a result of this amendment, according to one of the
following provisions:

1.

The city has adequate funds for needed infrastructure, facilities, and services to
support new development associated with the proposed amendments; or

2.

The city's projected revenues are sufficient to fund needed infrastructure, facilities,
and services, and such infrastructure, facilities, and services are included in the
schedule of capital improvements in the city's capital facilities plan; or

3.

Needed infrastructure, facilities, and services will be funded by the developer under
the terms of a developer's agreement associated with this comprehensive plan
amendment; or

4.

Adequate infrastructure, facilities, and services are currently in place to serve
expected development as a result of this comprehensive plan amendment based upon
an assessment of land use assumptions; or

5.

Land use assumptions have been reassessed, and required amendments to other
sections of the comprehensive plan are being processed in conjunction with this
amendment in order to ensure that adopted level of service standards will be met;

C.

The proposed amendment is consistent with the goals, policies and objectives of the
comprehensive plan;

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B.

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Every applicant for a comprehensive plan amendment must demonstrate how each of the
following criteria for approval has been satisfied in their application materials. The city council,
in addition to the consideration of the conditions set forth in WRMC 14.09.120, shall make
written findings regarding each application's consistency or inconsistency with each of the
following criteria:

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City of West Richland, WA

§ 14.09.160

WEST RICHLAND CODE

§ 14.09.210

D. The proposed amendment will not result in probable significant adverse impacts to the
transportation network, capital facilities, utilities, parks, and environmental features which
cannot be mitigated, and will not place unmitigated burdens upon existing or planned
services;
E.

In the case of an amendment to the comprehensive plan land use map, that the subject
parcels being redesignated are physically suitable for the allowed land uses in the
implementing zoning districts for the designation being requested, including compatibility
with existing and planned surrounding land uses and the zoning district locational criteria
contained within the comprehensive plan and zoning code;

F.

The proposed amendment will not create a demand to change other land use designations
of adjacent or surrounding properties, unless the change in land use designation for other
properties is in the long-term interest of the community in general;

G.

The proposed amendment is consistent with the Growth Management Act, the county-wide
planning policies and other applicable interjurisdictional policies and agreements, and/or
other state or local laws; and

The proposed effect of approval of any individual amendment will not have a cumulative
adverse effect on the planning area.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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§ 14.09.170. Adoption and rejection.

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Comprehensive plan amendments that are approved shall be adopted by ordinance. All
comprehensive plan amendments that are rejected shall be addressed in a resolution.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.180. Transmittals to the state.

D

The community development planning department will transmit a copy of any proposed
amendments and adopted ordinances to the Washington State Department of Commerce
pursuant to the requirements of RCW 36.70A.106.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.190. Appeals.
Appeals shall be filed with the Growth Management Hearings Board in accordance with the
provisions of Chapter 36.70A RCW.
(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)
§ 14.09.200. Applications for amendments located within the urban growth area and
outside of the city limits.
Repealed by Ord. 20-20.
(Ord. 38-07 § 1, 2007)
§ 14.09.210. Map revisions.
If land use map amendments are adopted, the city council shall order that the community
development planning department update the comprehensive plan land use map to reflect the
amendments.
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§ 14.09.210

ADMINISTRATION OF DEVELOPMENT

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(Ord. 38-07 § 1, 2007; Ord. 20-20 § 1 (Att. A), 2020)

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§ 14.09.210

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City of West Richland, WA

CHAPTER 14.10
DESIGN AND DEVELOPMENT GUIDELINES1
§ 14.10.010. Purpose.
The purpose of this chapter is to establish the types of developments which shall be subject to
design review pursuant to the adopted design guidelines. Further, the chapter shall establish the
design guidelines for the city of West Richland.
(Ord. 28-21 § 2, 2021)
§ 14.10.020. Types of review.
A.

All development which falls under the thresholds provided in this section shall be subject
to Type II b. design review as provided for in Chapter 14.01 WRMC, Types of Project
Permit Applications.

B.

The following types of project permits shall require design review according to the
procedures for Type II b. decisions, WRMC 14.01.030, Project permit application
process:
Building permits for exterior renovations on commercial, multifamily, light and
heavy manufacturing, or mixed-use structures, including, but not limited to, new
awnings, alterations to exterior treatments, changes to windows and doors, and
similar activities which do not increase the square footage more than 500 square feet.

2.

Accessory structures associated with multifamily developments and containing no
residential units.

3.

Minor amendments to previous permits involving Type II.b decisions.

4.

Any new light or heavy manufacturing development.

5.

Any new commercial parking lot.

6.

Any new commercial development with total building(s) gross floor area more than
2,500 square feet.

7.

Any new commercial development that exceeds 2,500 square feet.

8.

Any construction of a principal or attached accessory structure or structures within a
commercial limited zone.

9.

Any mixed-use development which exceeds 1,500 square feet.

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10. Any new multifamily (two or more units) development.
11. Any new multifamily (two or more units) parking lot.
(Ord. 28-21 § 2, 2021; Ord. 27-24 § 2, 2024)
§ 14.10.030. Procedures.
The procedures for design review shall be as provided in Chapter 14.01 WRMC, Types of
Project Permit Applications. The directorDirector, hearing examiner, and city council
shall be
1.

Editor's Note: The City of West Richland Design and Development Guidelines is included as an attachment to this title.

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City of West Richland, WA

§ 14.10.030

ADMINISTRATION OF DEVELOPMENT

§ 14.10.050

responsible for the implementation and enforcement of the design guidelines as provided for
under Chapter 14.01 WRMC. The design commission, as established by ordinance, shall be
advisory to the director, hearing examiner and city council.
(Ord. 28-21 § 2, 2021)
§ 14.10.040. Design guidelines adopted.
The following documents shall be utilized in design review as appropriate to the proposed
developments listed in WRMC 14.1001.020.
A.

The city hereby adopts the design guidelines published in the "City of West Richland
Design and Development Guidelines2" which shall be applied to the developments as listed
in WRMC 14.0110.020.

B.

For review of uses the goals and policies of the community character element of the West
Richland comprehensive plan shall be utilized.
(Ord. 28-21 § 2, 2021; Ord. 19-22 § 1, 2022; Ord. 27-24 § 1, 2024; Ord. 2-25 § 4, 2025; Ord.
1-26 § 1, 2026)

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§ 14.10.050. Compliance.

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No permit for construction or a use subject to these design guidelines shall be issued until the
plans are in compliance with the guidelines. All such developments shall be in compliance with
the guidelines upon occupancy. All such developments shall be maintained in compliance for the
life of the structure. The directorDirector may allow bonds or other guarantees to ensure the
completion of a project consistent with approved plans.
(Ord. 28-21 § 2, 2021)

2.

Editor's Note: The City of West Richland Design and Development Guidelines is included as an attachment to this title.

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City of West Richland, WA

Title 15
BUILDINGS AND CONSTRUCTION
Chapter 15.01
BUILDING CODES
§ 15.01.010.
§ 15.01.019.
§ 15.01.020.
§ 15.01.022.
§ 15.01.025.
§ 15.01.026.

§ 15.01.027.

Adoption of building codes.
Definitions.
Administration, permits and
fees.
Contractor licensing.
Obligation of the parties
amended.
Adoption of the
International Fire Code.

§ 15.01.028.

§ 15.01.040.
§ 15.01.045.

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§ 15.01.050.
§ 15.01.060.
§ 15.01.070.

Single-family and multiplefamily residential
developments.
Adoption of the
International Property
Maintenance Code.
Cedar shakes and shingles
prohibited.
New Construction or
Retrofit of Existing
Buildings Meeting Passive
House Requirements.
Violations and penalties.
Savings clause.
Severability.

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Prior legislation: Ords. 180, 288, 416, 10-86, 24-91, 34-98, 20-99 and 28-00.

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City of West Richland, WA

§ 15.01.010

BUILDINGS AND CONSTRUCTION

§ 15.01.019

CHAPTER 15.01
BUILDING CODES
§ 15.01.010. Adoption of building codes.
All building and building-related codes as currently adopted, or as shall be adopted in future
enactments by the state of Washington pursuant to the Revised Code of Washington (RCW)
19.27.031, together with all amendments as currently enacted, or as shall be enacted by the state
of Washington, are hereby adopted as, and are herein referred to as, the building codes for the
city of West Richland; provided, that all additions, deletions, and amendments as set forth in this
title are also adopted.
For reference purposes only, the current building codes as of July 1, 2018, for the city of West
Richland consist of the following:
International Building Code as published by the International Code Council, Inc., and as
amended by the state of Washington, together with Appendix J "Grading," and Appendix E
"Supplementary Access," and together with ICC/ANSI A117.1.

B.

International Residential Code as published by the International Code Council, Inc., and as
amended by the state of Washington, together with Appendix G; except for Chapters 11
through Chapter 43, which are not adopted.

C.

International Mechanical Code as published by the International Code Council, Inc., and as
amended by the state of Washington.

D.

International Fuel Gas Code as published by the International Code Council, Inc., and as
amended by the state of Washington.

E.

Uniform Plumbing Code as published by the International Association of Plumbing and
Mechanical Officials, Inc., and as amended by the state of Washington, together with
Appendices A, B, and I; together with additional standards as adopted by the state pursuant
to Chapters 19.27 and 34.05 RCW.

F.

Washington State Energy Code, Chapters 51-11C and 51-11R WAC, latest state-adopted
edition.

G.

International Swimming Pool and Spa Code as published by the International Code Council,
Inc., and as amended by the state of Washington.

H.

International Existing Building Code, as published by the International Code Council, Inc.,
and as amended by the state of Washington

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I.

Portions of the International Wildland Urban Interface Code, published by the International
Code Council, Inc., as set forth in RCW 19.27.560.
(Ord. 34-04 § 1, 2004; Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord. 4-19 § 1, 2019)
§ 15.01.019. Definitions.
Except where specifically defined herein, all words used in this title shall carry their customary
meanings. Words used in the present tense include the future, and the plural includes the singular;
the word "shall" is mandatory and, when applied to the actions of public officers, directory; the
word "may" denotes a use of discretion.

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City of West Richland, WA

§ 15.01.019

BUILDINGS AND CONSTRUCTION

§ 15.01.019

"Addition" means an extension or increase in floor area or height of a building or structure.
"Alter" or "alteration" means a change or modification of a building, structure or building service
equipment.
"Approved," as to materials, types of construction, equipment and systems, means and refers
to approval by the building official as the result of investigation and tests conducted by the
building official, or by reason of accepted principles or tests by recognized authorities, technical
or scientific organizations.
"Approved agency" means an established and recognized agency regularly engaged in conducting
tests or furnishing inspection services when the agency has been approved by the building
official.
"Building" means a structure used or intended for supporting or sheltering a use or occupancy.
"Building official" means the officer or other designated authority charged with the
administration and enforcement of code, or regularly authorized deputy thereof.
"Existing building" means a building erected prior to the adoption of Ordinance 15-16, or one
for which a legal building permit has been issued and approved.

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"IBC" means the latest edition of the International Building Code promulgated by the
International Code Council as adopted by this jurisdiction.

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"IEBC" means the latest edition of the International Existing Building Code promulgated by the
International Code Council as adopted by this jurisdiction.
"IFC" means the latest edition of the International Fire Code promulgated by the International
Code Council as adopted by this jurisdiction.

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"IMC" means the latest edition of the International Mechanical Code promulgated by the
International Code Council as adopted by this jurisdiction.

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"IPMC" means the latest edition of the International Property Maintenance Code promulgated
by the International Code Council as adopted by this jurisdiction.
"IRC" means the latest edition of the International Residential Code promulgated by the
International Code Council as adopted by this jurisdiction.
"Occupancy" means the purpose for which a building, or part thereof, is used or intended to be
used.
"Owner" means any person, agent, firm, or corporation having legal or equitable interest in the
property.
"Permit" means an official document or certificate issued by the building official authorizing
performance or specified activity.
"SBCC" means the Washington State Building Code Council.
"Structure" means that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner.
"UPC" means the latest edition of the Uniform Plumbing Code promulgated by the International
Association of Plumbing and Mechanical Officials as adopted by this jurisdiction.
"Valuation" or "value," as applied to a building or building service equipment, means and shall
be the estimated cost to build or replace a building and its building service equipment in kind,
based on current replacement costs. It shall also include the contractor's overhead and profit.

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City of West Richland, WA

WEST RICHLAND CODE

§ 15.01.019

§ 15.01.020

(Ord. 4-19 § 1, 2019)
§ 15.01.020. Administration, permits and fees.
Chapter 1 of the International Building Code and Chapter 1 of the International Residential Code
are hereby amended by the following additions, deletions, and exceptions. Section numbers
referenced here are to the International Building Code with the International Residential Code
referenced by "R" and the section number in parentheses. Notwithstanding these section numbers
referenced from the current codes, all additions, deletions, and exceptions as noted herein shall
apply to all future codes adopted by the state of Washington and thence adopted as the building
codes for the city of West Richland.
Section 105.1.1, Annual permit. Delete this entire subsection. Annual permits shall not be issued
within the city of West Richland.
Section 105.1.2, Annual permit records. Delete this entire subsection. Annual permit records shall
not be valid within the city of West Richland.
Section 105.2 (R105.2), Work exempt from permit, shall be amended to read as follows:

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Exemptions from permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
chapter or any other laws or ordinances of this jurisdiction.
A. Building permits shall not be required for the following:

One-story detached residential accessory structures used as tool and storage
sheds, tree-supported play structures. playhouse and similar uses, provided the
floor area does not exceed 200 square feet (11.15 m2);

2.

Fences not over seven feet (2134 millimeters) high: (Zoning review shall still be
required)

3.

Decks that are not more than 30 inches above grade, measured vertically from
grade to any point horizontally within 36 inches of any open side.

4.

Oil derricks.

5.

Retaining walls, which are not over four feet (1,219 millimeters) in height
measured from the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding Class I, II or III-A liquids;

6.

Water tanks supported directly on grade if the capacity does not exceed 5,000
gallons (18,925 liters) and the ratio of height to diameter or width does not
exceed two to one;

7.

Sidewalks and driveways not more than 30 inches (762 millimeters) above
grade, and not over any basement or story below, and decks that are not attached
to a dwelling and do not serve the required exit door;

8.

Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish
work;

9.

Replacement of siding for accessory structures, not intended for human
occupancy, that are associated with a single-family residence structures;

10.

Temporary motion picture, television and theater stage sets and scenery;

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City of West Richland, WA

§ 15.01.020

BUILDINGS AND CONSTRUCTION

§ 15.01.020

Prefabricated swimming pools accessory to a Group R-3 occupancy, which are
less than 24 inches (610 millimeters) deep, do not exceed 5,000 gallons (18,925
liters) and are installed entirely above ground;

12.

Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems;

13.

Swings, slides and other similar playground equipment;

14.

Window awnings in single-family residences (R-3) and Group U occupancies,
supported by an exterior wall which do not project more than 54 inches (1,372
millimeters) from the exterior wall and do not require additional support;

15.

Movable cases, counters and partitions not over five feet nine inches (1,753
millimeters) in height,

16.

Satellite earth station antennas six and one-half feet (two meters) or less in
diameter or diagonal in zones other than residential zones.

17.

Satellite earth station antennas three and one-quarter feet (one meter) or less in
diameter in residential zones.

18.

Video programming service antennas three and one-quarter feet (one meter) or
less in diameter or diagonal dimension, regardless of zone,

19.

Window replacement in single-family residences as long as the replacement
does not reduce the egress, safety glazing, or energy requirements and the
structural opening for said window replacement remains the same.

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11.

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Section 105.3.2 (R105.3.2), Time limitation of application. This section is hereby amended to
read as follows:

D

Time limitation of application: Applications for which no permit is issued within one
year following the date of application shall expire by limitation and plans and other data
submitted for review may thereafter be returned to the applicant or destroyed in accordance
with state law by the Building Official. The Building Official may extend the time for action
by the applicant for a period not exceeding 180 days. Extensions shall be requested in writing
and justifiable cause demonstrated.
Applications may be canceled for inactivity, if an applicant fails to respond to the
department's written request for revisions, corrections, actions or additional information
within 90 days of the date of request; the Building Official may extend the response period
beyond 90 days if within the original 90-day time period the applicant provides and
subsequently adheres to an approved schedule with specific target dates for submitting the
full revisions, corrections or other information needed by the department.
The Building Official may extend the life of an application if any of the following conditions
exist:
1.

Compliance with the State Environmental Policy Act is in progress; or

2.

Any other city review is in progress; provided the applicant has submitted
a complete response to city requests or the Building Official determines that
unique or unusual circumstances exist that warrant additional time for such
response, and the Building Official determines that the review is proceeding in
a timely manner toward final city decision; or

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City of West Richland, WA

§ 15.01.020
3.

WEST RICHLAND CODE

§ 15.01.020

Litigation against the city or applicant is in progress, the outcome of which may
affect the validity or the provisions of any permit issued pursuant to such
application.

Section 105.5 (R105.5), Expiration. This section is hereby amended to read as follows:
Expiration: Every permit issued shall expire 2 years from the date of issuance. The Building
Official is authorized to approve a request for an extended expiration date, where a
construction schedule is provided by the applicant and approved prior to permit issuance.
Every permit may be renewed for a period of 1 year beyond the original expiration date for
an additional fee equal to 50% of the original permit fees, as long as no changes have been
made to the originally approved plans and new building codes have not been adopted.
Renewals must be applied for prior to the expiration date of the original permit. Paid impact
fees and utility connection charges will not be required to be paid again. No permit shall be
renewed more than once.

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Mechanical and plumbing permits shall expire at the same time as the associated building
permit except that if no associated building permit is issued, the mechanical and/or plumbing
permit shall expire 180 days from the date of issuance. The Building Official is authorized
to approve a request for an extended expiration date of mechanical and/ or plumbing
permits associated with a building permit when a construction schedule is provided by the
applicant and approved prior to permit issuance. There shall be no extensions of stand-alone
mechanical and/or plumbing permits under this subsection.

R

The City may authorize an extension to the expiration date up to 30 days beyond the written
date of notification with no additional fee when only the final building inspection is
remaining and all other work has been approved. If work required under a final inspection
is not completed within the 30-day extension period, the permit shall expire.

D

Section 107 General. This section shall be amended as follows:
Submittal documents consisting of construction documents, statement of special inspections,
geotechnical report and other data shall be submitted in two or more sets with each permit
application.
Professional preparation of plans: The City of West Richland shall require a Washington
licensed design professional, licensed under the provisions of Chapter 18.08 or 18.43 RCW
or WAC Chapter 308-12, to prepare or oversee the preparation of plans for any commercial
building or structure, any building or structure containing five or more residential dwelling
units, or doing design work including preparing construction contract documents and
administering the contract for construction. erection. enlargement. alteration, or repairs
to a building of any occupancy over 4,000 square feet of construction. Plans that are
not designed to prescriptive methods shall require a design prepared and stamped by an
engineer licensed by the state of Washington.
Where special conditions exist, the Building Official is authorized to require additional
construction documents to be prepared by a registered design professional.

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City of West Richland, WA

§ 15.01.020

BUILDINGS AND CONSTRUCTION

§ 15.01.020

Exception: The Building Official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design professional if
it is found that the nature of the work applied for is such that review of construction
documents is not necessary to obtain compliance with the building code.
Section 108.2 (R.108.2), Schedule of permit fees. This section shall be amended as follows:
Building Fees for building permits and related inspections shall be as set forth in the West
Richland master fee schedule. The valuation of construction used for the calculation of the
building permit fee from the master fee schedule shall be the greater of either the valuation
noted in the master fee schedule or the declared valuation of construction from the applicant
for the permit.

T

The declared valuation shall include the total value of all construction work for which
the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing,
heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent
equipment. Valuations not shown in the West Richland master fee schedule shall be based
on the "Building Valuation Data" as published in the Building Safety Journal by the
International Code Council, Inc., or shall be as determined by the Building Official to reflect
the total value of all construction work for which the permit is issued, as well as all finish
work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fireextinguishing systems, and any other permanent equipment.

R

AF

The West Richland master fee schedule valuations shall be updated each year and shall
incorporate changes from the "Building Valuation Data" as published in the Building Safety
Journal by the International Code Council, Inc., except that those mathematical formulas
presented in the "Building Valuation Data" which calculate fees shall not be incorporated or
adopted.

D

Plan Review. Fees for review and examination of required construction plans and/or
construction data shall be set as established in the West Richland master fee schedule. All
plan review fees shall be in addition to the building permit fee and shall be payable at the
time of permit application submittal. Additional plan review required by changes, additions,
corrections, or revisions made to the plans after completion of the plan review or after
issuance of the building permit shall be required to pay a fee as shown in the West Richland
master fee schedule.
Additional fees. Per RCW 19.27.085.
Residential Building Permit Fee to SBCC for each building permit see the West Richland
master fee schedule.
Commercial Building Permit fee to the SBCC for each Building Permit see the West
Richland master fee schedule.
Grading. Fees for grading permits, for review of grading plans, and for related inspections
shall be as set forth in the West Richland master fee schedule.

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City of West Richland, WA

§ 15.01.020

WEST RICHLAND CODE

§ 15.01.022

Factory-Assembled Structures. Not withstanding any other provision of the West Richland
Municipal Code, fees for installation of a factory-assembled structure, including structures
meeting the requirements of Title 17 of the West Richland Municipal Code for manufactured
homes or designated manufactured homes, as set forth in the West Richland master fee
schedule. Fees for building permits for structures attached to a factory-assembled structure,
including, but not limited to, garages that are not structurally dependent upon the factoryassembled structure for support, shall be as noted above for building permits and plan review
based on valuation of construction. Where a conflict exists between the fee noted here and
fees described in other titles of the West Richland Municipal Code, the fee noted here
shall apply. Factory-assembled structures constructed prior to June 15, 1976, shall be
required to undergo inspection and approval by the State of Washington, Department of
Labor and Industries, prior to issuance of the installation permit.
Section 110.1 (R.110.1), Use and occupancy. The following paragraphs shall be added to this
section:

R

AF

T

The Building Official shall not issue a certificate of occupancy until approval has been
obtained from all City of West Richland departments and divisions and from all State
of Washington and Federal agencies having jurisdiction or authority over the building
project. The finance manager, or currently designated person responsible for finances and
accounting, of the City of West Richland is authorized and directed to deny any requests for
utility services, including, but not limited to, electrical service, solid waste removal, water
service, and sewer service, on a permanent-user basis, unless the applicant demonstrates that
the building for which such service is requested has been issued a certificate of occupancy
or temporary certificate of occupancy by the Building Official. Provisional utility services
may be provided to the extent necessary for construction of the building prior to issuance of
such a certificate so long as the building is not used or occupied.

D

Section 112.1 (R.112.1), General. This section shall be amended as follows:
The Board of Appeals as described in this section shall mean the Mid-Columbia Board of
Appeals as currently established by the jurisdictions of the City of Richland, the City of
Kennewick, the City of West Richland, the City of Pasco, Benton County, and Franklin
County, together with such other jurisdictions as currently constitute the Mid-Columbia
Board of Appeals. The Board of Appeals as described in other codes adopted herein as the
Building Codes for the City of West Richland shall also mean the Mid-Columbia Board of
Appeals.
(Ord. 34-04 § 1, 2004; Ord. 7-10 § 7, 2010; Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord.
4-19 § 1, 2019; Ord. 19-19 § 1 (Exh. A), 2019)
§ 15.01.022. Contractor licensing.
The following section shall be added to read as follows:

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City of West Richland, WA

BUILDINGS AND CONSTRUCTION

§ 15.01.022

§ 15.01.026

All contractors and sub-contractors shall have a valid and current business license to conduct
business within the City of West Richland pursuant to the West Richland Municipal Code and
shall have a valid and current contractor's license and registration with the State of
Washington, Department of Labor and Industries per RCW Chapter 18.27, prior to
commencing any actual construction work within the City of West Richland.
(Ord. 4-19 § 1, 2019)
§ 15.01.025. Obligation of the parties amended.
A.

In the event of a violation of Sections 110 and R110 above provided, it shall be presumed
as a matter of law that the person or persons who obtained the building permit or permits
for the construction of the structure or building in question caused or allowed the occupancy
of the structure or building in violation of the above-stated provision.

B.

It shall be a violation of this code for any person or persons to cause or allow the occupancy
of a dwelling within category R-3 by any third person or persons where no certificate of
occupancy has first been issued.
(Ord. 34-04 § 1, 2004; Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord. 4-19 § 1, 2019)

T

§ 15.01.026. Adoption of the International Fire Code.

AF

International Fire Code as published by the International Code Council, Inc., and as amended by
the state of Washington, together with Appendices B, C, D, E, F, and G.
The following sections to the International Fire Code are hereby amended:
IFC 308.1.6.3, Sky Lanterns, is hereby amended to be read as follows:

R

A.

D

Sky Lanterns: The use of Sky Lanterns is prohibited. Sky Lanterns are airborne paper
lanterns similar to a mini hot air balloon, also known as Kongming Lanterns (wish
lanterns), which are also referred to as Chinese lanterns, sky candles or fire balloons.
As such Sky Lanterns are considered open burning, and are not controlled once they
are airborne.
B.

Fire apparatus access roads per WAC 51-54A-0503.
Fire apparatus access roads shall be provided and maintained in accordance with
locally adopted street, road, and access standards. Maintainance shall be the
responsibility of the property owner / owners to which the fire lane services.

C.

Penalty for violations.

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City of West Richland, WA

§ 15.01.026

WEST RICHLAND CODE

§ 15.01.027

Any person who fails to mark or maintain a designated fire lane as prescribed in
this chapter, or who parks a vehicle in, allows the parking of a vehicle in, obstructs or
allows the obstruction of a designated fire lane is guilty of an infraction. The maximum
penalty for failing to mark or maintain a designated fire lane shall be not more than a
fine of $150.00. The maximum penalty for parking a vehicle in, allowing the parking
of a vehicle in, obstructing, or allowing the obstruction of a designated fire lane, shall
be not more than a fine of $150.00. Each day or part of a day during which the unlawful
act or violation occurs shall constitute a separate offense. There shall be a penalty of
$25.00 for failure to respond to the notice of this infraction. The local court shall impose
this monetary penalty for failure to respond, pursuant to RCW 46.63.110(3).
D.

Exceptions to IFC model provisions. The following sections of the International Fire Code
as adopted are amended to read as follows:

T

503.2.1 Dimensions. Fire apparatus access roads, other than those governed above, or
on private property, shall have an obstructed width of not less than 20 feet (6,096 mm),
except for approved security gates in accordance with Section 503.6, and an
unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm).
Emergency Vehicle access roads shall be constructed in accordance with City of West
Richland Municipal Code and standards.

E.

AF

503.2.7 Grade. The grade of the fire apparatus access road shall be no more than 10%
slope. Access roads may be permitted to exceed 10% with approval of the fire official,
where all buildings are provided with an approved fire sprinkler system.
The following subsections of Section 912 are hereby amended to read as follows:

D

R

912.2.1 Visible Location. Fire department connections shall be located on the street
side of buildings, fully visible and recognizable from the street or nearest point of fire
department vehicle access and within fifty (50) feet from a fire hydrant or as otherwise
approved by the fire chief.
912.3.1 Locking Fire Department Connection Caps. The fire code official is authorized
to require Knox locking caps on the fire department connections for water based fire
protection systems where the responding fire department carries appropriate key
wrenches for removal.
(Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord. 4-19 § 1, 2019)
§ 15.01.027. Single-family and multiple-family residential developments.
Appendix D, Sections 106 and 107 of the International Fire Code as adopted are hereby amended
to read· as follows:
SECTION D106 MULTIPLE-FAMILY RESIDENTIAL DEVELOPMENTS.
D106.1 Projects having more than 100 dwelling units.
Single-family and mulitiple-family residential projects having more than 100 dwelling units
shall be equipped throughout with two separate and approved fire apparatus access roads.

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City of West Richland, WA

BUILDINGS AND CONSTRUCTION

§ 15.01.027

§ 15.01.040

Exception: Projects having more than 100 dwelling units may have a single approved
fire apparatus access road when all buildings, including nonresidential occupancies, are
equipped throughout with approved automatic sprinkler systems installed in accordance with
Section 903.3.1.1, or 903.3.1.2, or 903.3.1.3 of the International Fire Code.
D106.2 Projects having more than 200 dwelling units.
Multiple family residential projects having more than 200 dwelling units shall be provided
with two separate and approved fire apparatus access roads, regardless of whether they are
equipped with an approved automatic sprinkler system.
SECTION D107 ONE OR TWO-FAMILY RESIDENTIAL DEVELOPMENTS.
D107.1 One and two-family residential developments. Developments of one- or two-family
dwellings where the number of dwellings units exceeds 30 shall be provided with two
separate and approved fire apparatus access roads.
Exceptions: Where there are more than 30 dwelling units on a single public or private fire
apparatus access road and all dwelling units are equipped throughout with an approved
automatic sprinkler system in accordance with Section 903.3.1.1, 903.3.1.2, 903.3.1.3 of the
International Fire Code, access from two directions shall not be required.

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2. The number of dwelling units on a single fire apparatus access road shall not be increased
unless fire apparatus access roads will connect with future development, as determined by
the Fire Code Official.
(Ord. 4-19 § 1, 2019)

§ 15.01.028. Adoption of the International Property Maintenance Code.

R

The provisions of the International Property Maintenance Code are hereby adopted and shall
apply to the maintenance of buildings and private property.

D

Fees. The fee provisions of the International Property Maintenance Code are not adopted.
Weeds. The weed provisions of the International Property Maintenance Code are not adopted.
Motor Vehicles. The motor vehicle provisions of the International Property Maintenance Code
are not adopted.
Insect Screens. The insect screen provisions of the International Property Maintenance Code are
not adopted.
Doors. The door provisions of the International Property Maintenance Code are not adopted.
(Ord. 4-19 § 1, 2019)
§ 15.01.040. Cedar shakes and shingles prohibited.
The use of cedar shakes or cedar shingles, or roofing material of wood with similar flame spread
characteristics, or other roofing material with similar flame spread characteristics, is hereby
prohibited on all new construction. Replacement, repair, or additions onto existing single-family
structures or buildings with existing cedar shakes or existing cedar shingles or existing wood
roofing materials with similar flame spread characteristics is permitted, provided any replacement
areas and all new roofing areas use Class C or higher fire-retardant treated shakes or shingles on
the roof. The use of wood siding of any type shall not be prohibited except as

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City of West Richland, WA

WEST RICHLAND CODE

§ 15.01.040

§ 15.01.070

provided in the adopted building codes of this chapter.
(Ord. 34-04 § 1, 2004; Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord. 4-19 § 1, 2019)

§ 15.01.045.

New Construction or Retrofit of Existing Buildings Meeting Passive House
Requirements.

A. For the purposes of this subsection, "passive house requirements" means the criteria for
certification as a passive house by Phius or the International Passive House Institute.
B. For any application for new construction or the retrofit of an existing building that meets
passive house requirements, the building official shall:
1. Measure any required setback from the outside face of the foundation. The portion
of an exterior wall assembly that includes insulation may project up to eight inches
into required setbacks on all sides.
2. Allow the building to exceed the maximum allowable roof height by up to eight
inches to accommodate additional insulation.

T

3. Measure gross floor area from the interior face of the exterior walls, including
drywall, as typically depicted on the architectural floor plans.

R

§ 15.01.050. Violations and penalties.

AF

C. Nothing in this section prohibits the city from applying the requirements of the state building
code or requires the city to allow a setback of less than 36 inches between residential dwelling
units.

D

Any person convicted of a violation of any provision of this chapter shall be punished by a fine
of not more than $5,000, or by imprisonment for not more than one year, or both such fine and
imprisonment.
For any violation of a continuing nature, each day's violation shall be considered a separate
offense and shall subject the offender to the above penalty for each offense.
(Ord. 34-04 § 1, 2004; Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord. 4-19 § 1, 2019)
§ 15.01.060. Savings clause.
Nothing contained in any provision of this chapter shall apply to an offense charged at any time
prior to the date upon which this chapter is effective. Any such offense shall be punished
according to the provision of the ordinances or other laws in effect when such offense was
charged in the same manner as if this chapter had not been enacted.
(Ord. 34-04 § 1, 2004; Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord. 4-19 § 1, 2019)
§ 15.01.070. Severability.
The provisions of this chapter are declared to be separate and severable, and the invalidity of any
section, subsection, provision, clause or portion of this chapter, or the invalidity of the application
thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter
or the validity of its application to other persons or circumstances.
(Ord. 34-04 § 1, 2004; Ord. 17-10 § 1, 2010; Ord. 35-13 § 1, 2013; Ord. 4-19 § 1, 2019)

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City of West Richland, WA

Title 16
DIVISION OF LAND

§ 16.02.010.
§ 16.02.020.
§ 16.02.030.
§ 16.02.040.
§ 16.02.050.
§ 16.02.060.

Purpose of title.
Division of land to comply
with title.
Exemptions.
Definitions.
Division of land subject to
municipal code.
Undefined words and
phrases.

§ 16.04.070.
§ 16.04.080.

§ 16.04.090.
§ 16.04.100.
§ 16.04.110.

§ 16.04.120.
§ 16.04.130.
§ 16.04.140.

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Title.
Purpose of chapter.
Street requirements.
Sewer system requirements.
Water system requirements.
Irrigation system
requirements.
Street lighting requirements.
Utility rights-of-way and
easements – Required on
plat.
Advance tax payment
required.
Improvements – Individual
approval required.
Improvements – Public
works director review
required.
Application, review and
inspection fees.
Final plat – General
requirements.
Revisions of preliminary
subdivisions, short plats and
binding site plans.

D

§ 16.04.010.
§ 16.04.020.
§ 16.04.030.
§ 16.04.040.
§ 16.04.050.
§ 16.04.060.

§ 16.05.010.
§ 16.05.020.
§ 16.05.030.
§ 16.05.040.
§ 16.05.050.
§ 16.05.060.

AF

Chapter 16.04
PLATTING AND SUBDIVISION
REGULATIONS

Chapter 16.05
PRELIMINARY PLAT PROCEDURES

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Preliminary plat –
Application for approval.
Application – Prerequisites.
Time for consideration.
Preliminary plat – Open
record hearing.
Preliminary plat – Review
by planning commission.
Preliminary plat –
Consideration by city
council.

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Chapter 16.02
PURPOSE OF TITLE

Chapter 16.06
BINDING SITE PLANS

§ 16.06.010.
§ 16.06.020.
§ 16.06.030.
§ 16.06.040.
§ 16.06.050.
§ 16.06.060.
§ 16.06.070.
§ 16.06.080.
§ 16.06.090.
§ 16.06.100.

Purpose.
Definition.
Procedures for submission
of application.
Standards.
Additional requirements for
binding site plan.
Improvements.
Contents of binding site
plan.
Approval – Effect.
Fees.
Violations.

Chapter 16.08
SHORT SUBDIVISIONS
§ 16.08.010.
§ 16.08.020.
§ 16.08.030.
§ 16.08.040.
§ 16.08.050.

Title of chapter.
Authority to act.
Administration and
enforcement.
Definitions.
Division prohibited.

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City of West Richland, WA

WEST RICHLAND CODE
§ 16.08.060.
§ 16.08.070.
§ 16.08.080.
§ 16.08.090.
§ 16.08.095.
§ 16.08.100.
§ 16.08.105.
§ 16.08.110.

Map validity – Approvals
required.
Design regulations.
Application – Prerequisites.
Short plat – Findings.
Final short plat – General
requirements.
Short plat – Filing.
Preliminary short plat –
Approval time.
Violation – Procedure.

§ 16.14.030.
§ 16.14.040.

§ 16.14.050.
§ 16.14.060.

Article II
Park Impact Fees

Chapter 16.10
LOT/BOUNDARY LINE ADJUSTMENTS

§ 16.14.070.
§ 16.14.080.
§ 16.14.090.

§ 16.10.010.
§ 16.10.020.
§ 16.10.030.

§ 16.14.095.

§ 16.10.070.

Chapter 16.12
PUBLIC OPEN SPACES
§ 16.12.010.
§ 16.12.020.
§ 16.12.030.

Purpose of chapter.
Definitions.
Required – Proposal
submission procedure.

§ 16.14.105.
§ 16.14.110.
§ 16.14.120.
§ 16.14.130.
§ 16.14.140.
§ 16.14.150.
§ 16.14.160.

Article III
Transportation Impact Fees
§ 16.14.170.
§ 16.14.180.
§ 16.14.190.

Chapter 16.14
IMPACT MITIGATION

§ 16.14.195.

Article I
General Provisions

§ 16.14.200.
§ 16.14.210.

§ 16.14.010.
§ 16.14.020.

Purpose.
Determination of direct
impact.

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Findings and authority.
Definitions.
Timing of park impact fee
payment.
Option for deferred
payment of park impact fee.
Assessment of park impact
fees.
Automatic park impact fee
adjustment.
Exemptions.
Credits.
Park fund.
Refunds.
Use of funds.
Existing authority
unimpaired.

T

§ 16.14.100.

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§ 16.10.060.

D

§ 16.10.040.
§ 16.10.050.

Purpose.
Scope.
Application submittal and
contents.
Approval criteria.
Lot/boundary line
adjustment and parcel
merger review process.
Time limitation to record
approved lot/boundary line
adjustment and parcel
merger.
Recording.

Mitigation of direct impacts.
Voluntary payment
agreements as alternative to
dedication and
improvements.
Assessments in addition to
impacts.
Time of performance.

§ 16.14.220.

Findings and authority.
Definitions.
Timing of transportation
impact fee payment.
Option for deferred
payment of transportation
impact fee.
Assessment of
transportation impact fees.
Independent transportation
impact fee calculations.
Exemptions.

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City of West Richland, WA

DIVISION OF LAND

§ 16.14.250.
§ 16.14.260.
§ 16.14.270.
§ 16.14.280.
§ 16.14.290.
§ 16.14.300.
§ 16.14.310.

Credits.
Establishment of
transportation impact fee
fund.
Adjustments.
Authorization for interlocal
agreements.
Refunds.
Use of funds.
Automatic transportation
impact fee adjustment.
Appeals.
Existing authority
unimpaired.

Chapter 16.16
DESIGN AND CONSTRUCTION
STANDARDS

§ 16.16.050.
§ 16.16.060.
§ 16.16.070.
§ 16.16.080.
§ 16.16.090.
§ 16.16.100.
§ 16.16.110.
§ 16.16.120.

§ 16.16.150.
§ 16.16.160.
§ 16.16.170.
§ 16.16.180.
§ 16.16.190.
§ 16.16.200.
§ 16.16.210.
§ 16.16.220.
§ 16.16.230.
§ 16.16.240.
§ 16.16.250.
§ 16.16.260.
§ 16.16.270.
§ 16.16.280.
§ 16.16.290.
§ 16.16.300.

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§ 16.16.040.

Purpose of chapter.
Application.
Streets – Conformity with
comprehensive plan.
Streets – Relation to
adjoining street systems.
Streets – Dead-end.
Streets – Alignment.
Streets – Intersections.
Streets – Jogs at
intersections.
Streets – Grades.
Streets – Width.
Alleys – Required –
Prohibited.
Alleys – Standards.

D

§ 16.16.010.
§ 16.16.020.
§ 16.16.030.

§ 16.16.130.
§ 16.16.140.

T

§ 16.14.230.
§ 16.14.240.

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§ 16.16.310.
§ 16.16.320.
§ 16.16.330.

§ 16.16.340.
§ 16.16.350.
§ 16.16.360.
§ 16.16.370.
§ 16.16.380.
§ 16.16.390.

Easements – Public utilities.
Easements – Unusual
facilities.
Easements – Watercourses.
Blocks – Length.
Blocks – Width.
Blocks – Super.
Lots – Access.
Lots – Size.
Lots – Shape.
Lots – Double frontage.
Lots – Unsewered.
Roadway widths and
standards.
Curbs.
Utilities – Storm sewers.
Utilities – Sanitary sewers.
Utilities – Potable water
system.
Street name signs.
Capacity for future
developments.
Standard specifications.
Low-density street
standards.
Street lights and
underground utilities.
Provision for irrigation.
Conflicts with other code
provisions.
Approval of improvements.
Performance bond.
Variance.
Severability.

Page 150 of 169

City of West Richland, WA

DIVISION OF LAND

§ 16.02.010

§ 16.02.030

CHAPTER 16.02
PURPOSE OF TITLE
§ 16.02.010. Purpose of title.
The city council finds that the process by which all land within the city of West Richland is
divided is a matter of city concern and therefore should be administered in accordance with
certain standards. The purpose of this title is to regulate the division of all land and to promote
the public health, safety, and general welfare in accordance with standards established to prevent
overcrowding of land, to lessen congestion in the streets and highways, to promote effective land
use, to promote safe and convenient travel by the public on streets and highways, to provide for
adequate light and air, to facilitate adequate provisions for water, sewer, parks and recreation
areas and other public requirements, to provide for proper ingress and egress and to provide for
the expeditious review and approval of proposed divisions of land within the city.
(Ord. 9-92 § 1, 1992; Ord. 14-00 § 1, 2000)
§ 16.02.020. Division of land to comply with title.

T

Every division of land within the city, for the purpose of sale, lease or transfer of ownership,
shall comply with the provisions of this title.
(Ord. 9-92 § 1, 1992; Ord. 14-00 § 1, 2000)

AF

§ 16.02.030. Exemptions.

R

The following actions are exempt from the provisions of this title; provided, that in order to
determine whether the action qualifies for the exemption claimed, approval must be received
from the community development director. Creation of an exempt lot does not vest the owner
with the right to develop the lot when it does not meet access or use requirements of the zoning
district in which it is located.
Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1));

B.

Divisions of land into lots or tracts each of which is one-sixteenth of a section of land or
larger, or 40 acres or larger if the land is not capable of description as a fraction of a section
of land; provided, that for purposes of computing the size of any lot under this item which
borders on a street or road, the lot size shall be expanded to include that area which would
be bounded by the centerline of the road or street and the side lot lines of the lot running
perpendicular to such centerline;

C.

Divisions made by testamentary provisions, or the laws of descent;

D.

A division for the purpose of lease (not sale) when no residential structure other than
mobile homes or travel trailers are permitted to be placed upon the land when the city has
approved a binding site plan for the use of the land in accordance with local regulations;

E.

A division authorized through Chapter 16.10 WRMC, made for the purpose of adjusting
boundary lines which does not create any additional lots, tracts, parcels, sites or divisions,
nor any lots, tracts, parcels, sites or divisions which contain insufficient area and/or
dimensions to meet the minimum requirements for width, depth and/or area for a lot;

F.

A division which is made by subjecting a portion of a parcel or tract of land to Chapter
64.32 RCW, the Horizontal Property Regimes Act (Condominiums), when all other

D

A.

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City of West Richland, WA

DIVISION OF LAND

§ 16.02.030

§ 16.02.040

building and zoning rules applicable to the development have been fulfilled;
G.

A division for the purpose of leasing land (not sale) for facilities providing personal
wireless services while used for that purpose. "Personal wireless services" means any
federally licensed personal wireless service. "Facilities" means unstaffed facilities that are
used for the transmission or reception, or both, of wireless communication services
including, but not necessarily limited to, antenna arrays, transmission cables, equipment
shelters, and support structures;

H.

Divisions made by court order; provided, that this exemption shall not apply to land divided
pursuant to dissolution or partition proceedings of a corporation, partnership, limited
partnership, joint venture, or trust, unless the city is made a party to the proceedings and
has rendered its advice to the court in respect of the division proposed to be included within
such order;

I.

Divisions and/or acquisitions of land pursuant to condemnation or threat of condemnation
by a government agency for public purposes;

J.

The division of land due to an intervening dedicated public road right-of-way that currently
contains a public road, or is scheduled on the six-year TIP to contain a public road; and

Any division of land solely for the purpose of installation and maintenance of power,
telephone, water supply, sewer service or other public/quasi-public utility facilities of a
similar or a related nature; provided, that any remaining lot or lots are consistent with
applicable zoning and lot size requirements.
(Ord. 14-00 § 1, 2000; Ord. 39-07 § 1, 2007)

AF

T

K.

R

§ 16.02.040. Definitions.

As used in this title, unless the context or subject matter clearly requires otherwise, the words or
phrases defined in this section shall have the indicated meanings.

D

"Alley" means a public thoroughfare or right-of-way which affords only a secondary means of
access to abutting property.
"Applicant" means the owner or owners of record of the property subject to an application for
land division or lot/boundary line adjustment, or authorized representative of such owner or
owners.
"Application" means all of the application forms, plans, and accompanying documents required
for any particular land division or lot/boundary line adjustment request.
"Binding site plan" means a drawing to a scale, specified in Chapter 16.06 WRMC, which:
1.

Identifies and shows the areas and locations of all streets, roads, improvements, utilities,
open spaces and any other matters required;

2.

Contains inscriptions or attachments setting forth such appropriate limitations and
conditions for the use of the land as are established by the city; and

3.

Contains provisions requiring any development to be in conformance with the binding site
plan.

"Block" is a group of lots, tracts or parcels within well-defined and fixed boundaries.

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City of West Richland, WA

§ 16.02.040

WEST RICHLAND CODE

§ 16.02.040

"Boundary line adjustment" shall have the same meaning as "lot/boundary line adjustment,"
meaning the relocation or other minor adjustment of the boundaries of a lot, in which the
relocation does not result in the creation of any additional lot or lots.
"Building envelope" refers to the buildable area of a lot after applicable setbacks, easements, and
other restrictions on the lot are taken into account.
"CDD" means the city of West Richland community development department.
"Common open space" means a parcel or parcels of land or an area of water or a combination of
land and water within the site designated for a subdivision and designed and intended for the use
or enjoyment of the public. Common open space may contain such complementary structures
and improvements as are necessary and appropriate for the benefit and enjoyment of residents of
the subdivision.
"Community development director" is the city of West Richland community development
director or his designated representative who is responsible for administering the land division
regulations within the city of West Richland.

AF

T

"Condominium" means real property, portions of which are designated for separate ownership
and the remainder of which is designated for common ownership solely by owners of those
portions. Real property is not a condominium unless the undivided interests in the common
elements are vested in unit owners, and unless a declaration and a survey map and plans have
been recorded in accordance with Chapter 64.32 or 64.34 RCW. Condominiums are not confined
to residential units, such as apartments, but also include offices and other types of space in
commercial buildings.

D

R

"Dedication" is the deliberate appropriation of land by an owner for any general and public
uses, reserving to himself no other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted. The intention to dedicate
shall be evidenced by the owner by the presentment for filing of a final plat, short plat or binding
site plan showing the dedication thereon; and the acceptance by the public shall be evidenced by
the approval of such plat, short plat, or binding site plan for filing by the city.
"Development permit" means any permit issued by the city of West Richland allowing the
physical alteration of real property including, but not limited to, building construction, street
construction, utility construction or installation, grading, filling or excavating. Approval of a
subdivision, short subdivision, or lot/boundary line adjustment is not considered a development
permit for the purposes of this title.
"Director" means the city of West Richland community development director or his/her
designee.
"Division" is the division or redivision of land, regardless of the size of the parcels or the number
of lots, for the purpose of sale, lease or transfer of ownership and includes subdivision, short
subdivision or binding site plan provisions.
"Engineering design standards" is synonymous with "engineering standards" and means the
city's engineering, design, and construction standards and specifications governing the
construction of public and private improvements serving developments. The city's engineering
design standards include the public works engineering design standards manual, standards for
transportation facilities in accordance with city standards and standards for clearing and grading,
erosion control, stormwater facilities and water and sewer improvements as provided in WRMC
Title 15, this title and city standards.

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City of West Richland, WA

DIVISION OF LAND

§ 16.02.040

§ 16.02.040

"Fill" means any sand, gravel, earth, or other materials of any composition whatsoever placed or
deposited by humans.
"Final plat" is the final drawing of the subdivision and dedication prepared for filing for record
with the county auditor and containing all elements and requirements set forth in this title and in
other regulations adopted by the city.
"Flag lot" means an irregular extension or protrusion of a lot created for the purpose of providing
such lot with frontage on a public or private street or access way.
"Homeowners association" means an incorporated nonprofit organization operating under
recorded land agreements.
"Improvements" means the facilities and infrastructure of a land development, including but not
limited to the streets, sidewalks, street lights, fire hydrants, stormwater facilities, sanitary sewer
facilities, domestic water facilities, and other utilities and facilities required by this title to be
constructed in conjunction with any particular land division, as approved by the necessary city
departments.
"Land division" means the creation of any new lot or lots for the purpose of sale, lease or transfer
of ownership, whether such lot or lots is created by full subdivision or short subdivision.

AF

T

"Lot" is the fractional part of divided lands having fixed boundaries and being of sufficient area
and dimension to meet minimum zoning requirements for width and area. The term shall include
tracts or parcels.
"Lot/boundary line adjustment" is synonymous with "boundary line adjustment," meaning the
relocation or other minor adjustment of the boundaries of a lot, in which the relocation does not
result in the creation of any additional lot or lots.

R

"Lot frontage" means the boundary of a lot which is along an existing or dedicated public street,
or where no public street exists, along a private road, easement or access way.

D

"Lot, nonconforming" means a lot of record in existence prior to the effective date of the
ordinance codified in WRMC Title 17 and any amendments thereto which does not meet the
minimum lot size and other requirements as set forth in WRMC Title 17, Zoning.

"Lot of record" means any undeveloped lot or parcel of land shown on an officially recorded
plat or short plat or a parcel of land officially recorded or registered as a unit of property
and described by platted lot number or by metes and bounds and lawfully established for
conveyance purposes on the date of recording of the instrument first referencing the lot. The
term "lot of record" as used herein does not imply that the lot conforms with the legal regulatory
requirements for subdivision of property in accordance with Chapter 58.17 RCW and this title.
"Lot, pipestem" is synonymous with "flag lot" and means a lot not meeting minimum frontage
requirements and where access to the public road is by a narrow private right-of-way or
driveway.
"Lot reorientation" means a boundary line adjustment proposing 90-degree lot line rotations
to reposition no more than two lots such that no additional building site, lot, tract or parcel
is created. "Lot reorientation" may include reorientations of lots through rotational lot line
adjustments less than 90 degrees so long as the director determines the proposed reorientation to
conform with all criteria for boundary line adjustments.
"Lot, through" means a lot that has both ends fronting on a street; both ends shall be deemed
front.
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City of West Richland, WA

§ 16.02.040

WEST RICHLAND CODE

§ 16.02.050

"Meander line" means a line along a body of water intended to be used solely as a reference for
surveying.
"Panhandle" means an irregular extension or protrusion of a lot created for the purpose of
providing such lot with frontage on a public or private street or access way.
"Parcel merger" means the merger of two or more lots/parcels into one lot/parcel.
"Plat" is a map or representation of a subdivision, showing thereon the division of a tract or
parcel of land into lots, blocks, streets and alleys or other divisions and dedications.
"Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the
general layout of streets and alleys, lots, blocks and other elements of a subdivision consistent
with the requirements of this title. The preliminary plat shall be the basis for the approval or
disapproval of the general layout of a subdivision.
"Private street" means a street that is not deeded to the city and is used for access to secondary
lots which have no direct access to a public way.

T

"Proof of ownership" means a photocopy of a recorded deed to property and/or a current title
insurance policy insuring the status of an applicant as the owner in fee title to real property.
Where proof of ownership is required by this title, the director shall have the discretion to require
a current title insurance policy.

AF

"Public street" means an approved street, whether improved or unimproved, held in public
ownership or control (either through deed or easement conveyance) and intended to be open as a
matter of right to public vehicular travel.

R

"Public way" means any publicly owned land set aside for utilities or surface transportation
purposes, including vehicular, bicycle and pedestrian transportation, whether improved or not
improved.

D

"Public works director" means the city of West Richland public works director or his/her
designee, and shall include without limitation the city engineer and the city development
engineer.
"Right-of-way" shall have the same meaning as "public way."
"Roadway" means that portion of an approved street intended for the accommodation of
vehicular traffic, generally between curb lines on an improved surface.
"Short plat" is the map or representation of a short subdivision.
"Short subdivision" is the division or redivision of land into eight or fewer lots, tracts, parcels,
sites or divisions for the purpose of sale, lease or transfer of ownership.
"Street" means a public or private thoroughfare or easement which affords primary means of
access. For the purposes of this title, the definition of "street" includes all public and private
utilities such as communication lines, cable television lines, electrical lines and equipment, gas
distribution lines, stormwater, water and sewer facilities, sidewalks, curb or gutter, and other
similar facilities commonly found in street rights-of-way.
"Subdivision" is the division or redivision of land into five or more lots, tracts, parcels, sites or
divisions for the purpose of sale, lease or transfer of ownership.
(Ord. 9-92 § 1, 1992; Ord. 14-00 § 1, 2000; Ord. 13-04 § 1, 2004)

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Page 155 of 169

City of West Richland, WA

DIVISION OF LAND

§ 16.02.050

§ 16.02.060

§ 16.02.050. Division of land subject to municipal code.
All division of land within the city shall be subject to the design and construction standards
established in Chapter 16.16 WRMC, as well as all other applicable laws and regulations of
the city; provided, that this requirement shall not apply to those divisions of land described in
WRMC 16.02.030.
(Ord. 9-92 § 1, 1992; Ord. 14-00 § 1, 2000)
§ 16.02.060. Undefined words and phrases.
The definition of any word or phrase, not listed in the definitions, which is in question when
administering this title shall defined according to one of the following sources in order of
priority:
Any city of West Richland resolution, ordinance, code, regulation or formally adopted
comprehensive plan, shoreline master plan or program or other formally adopted land use
plan;

B.

Any statute or regulation of the state of Washington;

C.

Legal definitions from Washington common law or a law dictionary;

T

A.

D

R

AF

D. The common dictionary.
(Ord. 13-04 § 2, 2004)

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Page 156 of 169

City of West Richland, WA

DIVISION OF LAND

§ 16.04.010

§ 16.04.070

CHAPTER 16.04
PLATTING AND SUBDIVISION REGULATIONS
§ 16.04.010. Title.
The ordinance codified in this chapter shall be known and may be cited as the city of West
Richland platting and subdivision regulations.
(Ord. 53 § 3, 1960; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.020. Purpose of chapter.
This chapter establishes regulations and requirements for the subdivision of land, fixing
standards for design and construction of streets and alleyways and the installation of public
utilities. It is unlawful to divide land within the city of West Richland into five or more lots for
the purpose of sale, lease or transfer of ownership, except in accordance with the provisions of
this code and applicable state laws.
(Ord. 9-92 § 2, 1992; Ord. 27-95 § 1, 1995; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.030. Street requirements.

AF

T

All streets and rights-of-way within each plat shall be designed and improved in accordance with
city standards as established by Chapter 16.16 WRMC and such other standards and regulations
as the city may, from time to time, adopt.
(Ord. 53 § 4(D), 1960; Ord. 47-93 § 2, 1993; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.040. Sewer system requirements.

D

R

If a public sewer is available within 500 feet of the parcel to be subdivided, or the community
development director determines that public health, safety or welfare requires connection to a
public sewer system, the subdivision shall be provided with a complete sanitary sewer system
serving each lot designed for human habitation.
(Ord. 53 § 4(E), 1960; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.050. Water system requirements.
If a public water main is available within 500 feet of the parcel to be subdivided, or the
community development director determines that public health, safety or welfare requires
connection to a public sewer system, the subdivision shall be provided with a domestic water
distribution system serving each lot designed for human habitation and fire hydrants shall
be provided at each street intersection and at approximately 400-foot intervals on each street
between intersections.
(Ord. 53 § 4(F), 1960; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.060. Irrigation system requirements.
Unless waived by the city council, any parcel to be divided within the city shall be provided with
an irrigation distribution system (as distinguished from the separate domestic water distribution
system) serving each lot within the division. The irrigation system shall be designed and installed
in accordance with city standards.
(Ord. 20-93 § 1, 1993; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)

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Page 157 of 169

City of West Richland, WA

DIVISION OF LAND

§ 16.04.070

§ 16.04.120

§ 16.04.070. Street lighting requirements.
Every subdivision shall be provided with suitable street lights at each street intersection and
at intervals of approximately 300 feet between intersections unless the city council waives this
requirement because of special conditions.
(Ord. 53 § 4(G), 1960; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.080. Utility rights-of-way and easements – Required on plat.
All utility rights-of-way and easements shall be dedicated to the city and shown on the plat.
(Ord. 53 § 4(H), 1960; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.090. Advance tax payment required.
All taxes on the property to be platted must be paid one year in advance and indicated by the seal
and signature of the county treasurer on the face of the plat.
(Ord. 53 § 4(L), 1960; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.100. Improvements – Individual approval required.

AF

T

Plans for each improvement shall receive individual approval by the public works director before
construction is commenced.
(Ord. 53 § 6, 1960; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.110. Improvements – Public works director review required.

D

R

Whenever any improvements or public works are to be installed by a private developer at
his expense and dedicated to the city, the plans and specifications of the improvements or
public works shall be submitted by the developer to the community development director. The
public works director shall review the plans and specifications submitted prior to granting his
approval and no construction shall commence until the public works director's written approval
is obtained. This review and approval by the public works director shall be in accordance with
such procedures and guidelines as the public works director may from time to time establish.
In addition, the public works director may impose on all developers any requirements relating
to engineering, construction and guarantees of performance as he may deem necessary for the
protection of the city.
(Ord. 262 § 1, 1977; Ord. 14-00 § 1, 2000; Ord. 17-18 § 1, 2018)
§ 16.04.120. Application, review and inspection fees.
A.

The city council shall establish fees to defray the administrative expenses incurred by the
city for the following:
1.

Short Plat Application Fee. As set by city council in the master fee schedule, shall be
nonrefundable. This fee shall be paid at the time of submission of the application;

2.

Preliminary Plat Application Fee. As set by city council in the master fee schedule,
shall be nonrefundable. This fee shall be paid at the time of submission of the
application;

3.

Final Plat Review Fee. As set by the city council in the master fee schedule, shall be
nonrefundable. This fee shall be paid at the time of submission of the final plat;

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City of West Richland, WA

§ 16.04.120

WEST RICHLAND CODE

§ 16.04.120

Plat Improvement Plan Review Fee. As set by the city council in the master fee
schedule, shall be nonrefundable. This estimated fee shall be paid prior to review of
the improvement plans and specifications for the final plat by the public works
director or his/her designee. The fee is to cover actual costs incurred by the city; any
deficiency shall be paid prior to the public works director or his/her designee
approving the improvement plans and specifications for a final plat;

5.

Construction Inspection Fee. As set by the city council in the master fee schedule,
shall be nonrefundable. This estimated fee shall be paid prior to initiation of
construction of the plat improvements. The fee is to cover actual costs incurred by the
city. If the cost to the city exceeds the amount of the fees paid, the developer shall pay
an additional fee before final approval of the plat improvements;

6.

Plat Amendment/Alteration Application Fee. As set by city council in the master fee
schedule, shall be nonrefundable. This fee shall be paid at the time of submission of
the application;

7.

Short Plat Exemption Letter Fee. As set by city council in the master fee schedule.
This fee shall be paid at the time of submission of the application;

8.

Preliminary Subdivision, Short Plat and Binding Site Plan Revision Application Fee.
As set by city council in the master fee schedule, shall be nonrefundable. This fee
shall be paid at the time of submission of the application;

9.

Performance Bond Application Fee. As set by city council in the master fee schedule,
shall be nonrefundable. This fee shall be paid at the time of submission of the
application;

AF

T

4.

Utility and/or Street Extensions Not Associated With a Plat – Utility and/or Street
Extension Plan Review Fee.

D

B.

R

10. Performance Bond Transfer Administrative Fee. As set by city council in the master
fee schedule, shall be nonrefundable. This fee shall be paid at the time of submission
of the application.

1.

As set by the city council in the master fee schedule, shall be nonrefundable. This
estimated fee shall be paid prior to plan review by the public works director or his/her
designee. The fee is to cover actual costs incurred by the city; any deficiency shall be
paid prior to the public works director or his/her designee approving the improvement
plan.

2.

Utility and/or Street Extension Inspection Fee. As set by the city council in the master
fee schedule, shall be nonrefundable. This estimated fee shall be paid prior to
initiation of construction of the improvements. The fee is to cover actual costs
incurred by the city; any deficiency shall be paid prior to the public works director or
his/her designee approving the improvements.

C.

For the purposes of this section, the public works director or his/her designee is authorized
to establish the total estimated cost of the proposed improvements.

D.

For the purposes of this section, "actual costs incurred by the city" shall be the actual
salaries and benefits of city staff for the time involved, plus any other direct costs
associated with the project.

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City of West Richland, WA

§ 16.04.120

DIVISION OF LAND

§ 16.04.130

(Ord. 325 § 1, 1979; Ord. 30-93 § 1, 1993; Ord. 34-94 § 1, 1994; Ord. 13-95 § 2, 1995; Ord.
14-00 § 1, 2000; Ord. 3-14 § 3 (Att. C), 2014; Ord. 16-15 § 1 (Att. A), 2015; Ord. 17-18 § 1,
2018; Ord. 2-24 § 1, 2024)
§ 16.04.130. Final plat – General requirements.
A final plat meeting all the requirements of state law, this title, and city regulations must be
submitted to the city council for approval within five years of the preliminary plat approval.
A.

An applicant for a preliminary plat who files a written request with the community
development director at least 45 days before the expiration of this five-year period or the
one-year extension of the five-year period may be granted a one-year extension by the city
council upon a showing that the applicant has attempted in good faith to submit the final
plat within five years. Nothing in this section prevents the city from allowing other
extensions of time, not to exceed five years, which may contain additional or altered
conditions and requirements.

B.

Final Plat Requirements.
Letter from the applicant to the community development director requesting the
preliminary plat be finalized.

2.

Final walk-through of the streets, utilities, and infrastructure by the city staff, owner,
and contractor must be completed and approved.

3.

Letter of acceptance from the city for the water/sewer system and the road/storm
sewer system or other public improvements.

4.

All fees have been paid.

5.

One set of as-built utility and street construction plans on a 24-inch by 36-inch fourmil single-matted mylar.

6.

One AutoCAD file. Release (specified by community development director) of the
as-built drawings and plat is required by the city. Must be standard AutoCAD menu,
standard fonts, surveyed in accordance with Washington South (3602) State Plane
(NAD 83/91) coordinates and NAVD 88 elevations, and drawn on a 1:1 scale. All
changes from the original plat and construction drawings must be noted and
identified.

7.

One PDF file of the plat map.

8.

Final plat map meeting recording standards of the office of the Benton County auditor
printed on 22- by 30-inch sized sheets and shall show all courses and distances
necessary to restake any portion of the plat from the map. All surrounding property
shall be labeled in dotted lines whether platted or otherwise.

9.

The finished plat must show the description of the property platted,
acknowledgments, dedication, approval by public works director and community
development director and certificate of the engineer who platted the property. All
certificates must be dated when signed, e.g.:

D

R

AF

T

1.

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Page 160 of 169

City of West Richland, WA

§ 16.04.130

WEST RICHLAND CODE

§ 16.04.140

I,
, a registered land surveyor, do hereby
certify that the plat of
is based upon an actual survey
and subdivision of Section
, Township
, Range
, that
the distances and angles are shown thereon correctly and the monuments have
been set and lot corners staked on the ground as shown on the plat.
Surveyor's Signature
10. Official seals of attesting officers and the surveyor who platted the property shall be
placed on the plat tracing.
11. The original plat map must have signature blocks for the following city officials:
a.

Public works director.

b.

Community development director.

c.

Mayor.

d.

City clerk.

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12. After the plat has been approved, the original plat map shall be filed for record in the
office of the Benton County auditor. A digital copy of the recorded plat map without
watermark shall be provided to the community development department within 30
days of recording.
(Ord. 325 § 1, 1979; Ord. 30-93 § 1, 1993; Ord. 34-94 § 1, 1994; Ord. 13-95 § 2, 1995; Ord.
14-00 § 1, 2000; Ord. 17-18 § 1, 2018; Ord. 2-24 § 1, 2024)

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§ 16.04.140. Revisions of preliminary subdivisions, short plats and binding site plans.
A request to revise a plat, short plat or binding site plan that has received preliminary
approval shall be submitted to the community development department.

B.

Proposed revisions to a preliminary subdivision or binding site plan that would result in a
substantial change, as determined by the department, shall be treated as a new application
for purposes of vesting and transportation concurrency and shall be reviewed as Type IV
land use decisions under WRMC 14.01.030.

C.

Proposed revisions to a preliminary short subdivision that would result in a substantial
change, as determined by the department, shall be treated as a new application for purposes
of vesting and, where applicable, transportation concurrency, and shall be reviewed as a
Type I land use decision pursuant to WRMC 14.01.030.

D.

For the purpose of this section, a substantial change includes, but is not limited to:

D

A.

1.

The creation of additional lots;

2.

The reduction or elimination of open space;

3.

A change in use;

4.

A change in points of ingress or egress; and

5.

A change to conditions of approval of an approved preliminary subdivision,

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§ 16.04.140

§ 16.04.140

preliminary short subdivision or binding site plan that leads to environmental impacts
that were not addressed in the original approval.
E.

Proposed changes to a subdivision, short subdivision or binding site plan that do not result
in a substantial change, as determined by the department, shall be treated as a minor change
and may be approved administratively by the department.

F.

For purposes of this section, minor changes include, but are not limited to:
1.

Changes to engineering design standards necessitated by changed circumstances,
such as reconfiguration or reduction of lots;

2.

Changes in lot dimensions that are consistent with the underlying zone;

3.

A decrease in the number of lots to be created so long as the minimum lot size and
minimum density of the underlying zone is maintained;

4.

Changes in timing of phased plans; and

Changes to engineering design that reduce construction-related impacts and do not
eliminate off-site improvements specifically required as a condition of preliminary
approval.
(Ord. 17-18 § 1, 2018)

D

R

AF

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5.

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City of West Richland, WA

§ 16.05.010

DIVISION OF LAND

§ 16.05.020

CHAPTER 16.05
PRELIMINARY PLAT PROCEDURES
§ 16.05.010. Preliminary plat – Application for approval.
For the purpose of expediting the preliminary approval of any subdivision, every subdivider
shall file with the community development director a preliminary plat application on such
forms as may be provided by the city. Each application shall include a digital file in a format
approved by the community development department of the preliminary application and all
required supporting documentation. The preliminary plat application shall be accompanied by
an application for threshold determination (environmental assessment checklist) in accordance
with the State Environmental Policy Act (SEPA) and WRMC Title 18. Every applicant shall, at
the time of filing a preliminary plat, submit the required fees to the city. Upon submittal of a
fully completed application, the community development director shall schedule an open record
hearing before the city planning commission.
(Ord. 84-94 § 1, 1994; Ord. 14-00 § 1, 2000; Ord. 2-24 § 2, 2024)
§ 16.05.020. Application – Prerequisites.

A map drawn to a legible scale, and which includes the following:
A vicinity map at a legible scale, showing the relationship of the proposed plat to
surrounding schools, parks, etc., and to all streets within 1,000 feet, or to the next
major street, whichever is greater;

2.

The proposed name of the subdivision, the name and address of the owner or owners,
the subdivider, and the licensed land surveyor, the names of all existing abutting
streets and subdivisions, and a legal description of the exterior boundaries of the land
to be subdivided;

3.

The location, width, and name of all proposed streets, the dimensions of other
proposed rights-of-way, alleys, easements, parks, playgrounds, open spaces, schools,
etc., the scale of the plat, and a north arrow;

4.

A contour map of the property within the proposed subdivision and showing the
contours of property 50 feet beyond the perimeter of the proposed subdivision, said
contour map showing changes in elevation of two feet. In addition, the elevation,
referenced to North American Vertical Datum of 1988 (NAVD 88), shall be shown
for every corner of the plat boundary. The map will also show the location and areas
of all natural watercourses, major tree masses, major rock outcroppings, and other
similar landscape features;

5.

Lot and block numbers, the dimensions of each lot, the dimensions and acreage of the
total plat, the smallest lot and largest lot of the proposed plat, and the average lot size;

6.

An indication of those lots which are to be used other than for residential purposes,
an indication of their intended use, and whether said lots are to be dedicated to a
municipal corporation or school;

7.

An indication of any portion or portions of the plat for which successive or separate

AF

1.

D

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A.

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A preliminary plat application to be considered fully completed must include:

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§ 16.05.020

§ 16.05.020

final plats (phases) are to be filed, and the approximate filing date of each. The
filing date of successive or separate final plats must meet the requirements of WRMC
16.04.130;
8.

All existing structures proposed to remain on the area to be subdivided, and all
existing drain fields and wells;

9.

The location and design of fencing to be constructed along abutting streets;

10. Evidence of an adequate domestic water supply for the intended use of each lot within
the proposed subdivision as required by RCW 19.27.097 and the applicable city
requirements;
11. One AutoCAD file, release (specified by community development director) of the
plat. Must be standard AutoCAD menu, standard fonts, surveyed in accordance with
Washington South (3602) State Plane (NAD 83/91) coordinates and NAVD 88
elevations, and drawn on a 1:1 scale;
A preliminary plat application form, signed by the owner or his agent;

C.

A certificate from a title insurance company, issued no more than 30 days prior to
application, showing ownership of the property involved, a list of names and addresses of
all abutting property owners, and property owners within 600 feet of the exterior
boundaries of the proposed subdivision and all lienholders of the proposed subdivision
property;

D.

Those plats proposing individual on-site waste disposal systems as the means of sewage
disposal must include either: verification from the Benton-Franklin health district that
health district regulations have been met; or that all required information has been received
by the health district, and an estimated date when a final health district determination will
be made. If the necessary information is not received prior to the planning commission
open record hearing, then the matter may be continued unless the applicant does not agree,
in which case the commission will recommend that the plat be approved, modified or
denied;

E.

Whether or not the property is to be connected to an irrigation source, and, if not, written
verification from the appropriate irrigation district as to what is involved to connect to an
irrigation source;

F.

Tabular summary showing the following information:

D

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AF

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B.

1.

Gross acreage;

2.

Net lot acreage;

3.

Total number of lots;

4.

Average lot size;

5.

Minimum lot size;

6.

Present zoning;

7.

Type of water service;

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WEST RICHLAND CODE

§ 16.05.020
8.

§ 16.05.050

Type of sewerage;

G.

Survey and Monumentation. A subdivision of the portion of the section in which the plat is
located, showing original or established corners, a description and the original traverse of
same showing error of closure and method of balancing, shall also be submitted. This is to
be accompanied by a sketch showing all calculations necessary to determine the courses
and distances of the plat;

H.

If the applicant intends to seek a waiver petition for frontage improvements associated with
the subdivision, an application for a waiver petition that meets the requirements of WRMC
12.04.060(B) shall be submitted;

I.
All required fees be paid.
(Ord. 84-94 § 1, 1994; Ord. 14-00 § 1, 2000; Ord. 2-24 § 2, 2024)
§ 16.05.030. Time for consideration.

A.

AF

T

A proposed subdivision of land, as evidenced by the preliminary plat application, shall be
considered under the subdivision and zoning ordinances of the city in effect at the time a fully
completed application for preliminary plat approval of the subdivision has been submitted to the
city, subject to the time limitations contained in WRMC 16.05.050 and 16.05.060; and provided,
that the limitations imposed by this section shall not restrict conditions imposed under WRMC
Title 14 and Chapter 43.21C RCW; except as follows:
If an environmental impact statement is required, the 45-day time period shall not include
the time spent preparing and circulating the statement.

If the plat is located in a flood control zone, the 45 days shall be extended if necessary until
the project receives written approval from the Department of Ecology.
(Ord. 84-94 § 1, 1994; Ord. 14-00 § 1, 2000)

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B.

D

§ 16.05.040. Preliminary plat – Open record hearing.
Notice of the time, place, and purpose of the planning commission open record hearing on
the preliminary subdivision shall be given in accordance with WRMC 14.04.040 and in the
following manner:
A.

Mailing a written notice not less than 15 days prior to date of such hearing to the owners of
all properties within 300 feet of the exterior boundaries of the proposed subdivision
pursuant to the title insurance company report required by WRMC 16.05.020, said mailing
to be by regular, first class mail, postage prepaid;

B.

Posting public notices in three conspicuous places on or adjacent to the land proposed to be
subdivided at least 15 days prior to the date of the open record hearing;

C.

Notice of the open record hearing shall be published in the official newspaper of the city
not less than 15 days prior to the date of such hearing.
(Ord. 84-94 § 1, 1994; Ord. 14-00 § 1, 2000)
§ 16.05.050. Preliminary plat – Review by planning commission.
The planning commission will hold an open record hearing concerning all preliminary plats
submitted to the city and will review all preliminary plats to assure conformance of the proposed

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DIVISION OF LAND

§ 16.05.050

§ 16.05.060

subdivision to the general purposes of the comprehensive plan or other official growth
management controls of the city, and to assure conformance to city planning standards, zoning,
and specifications. The planning commission's actions on the preliminary plat shall not be taken
without the prior review of the community development director and the city public works
director.
The planning commission shall inquire into the public use and interest proposed to be
served by the subdivision and any dedications associated therewith. It shall determine if
appropriate provisions are made for, but not limited to, the public health, safety and general
welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies,
sanitary waste, parks, playgrounds, schools and school grounds, and it shall consider all
other relevant facts, including sidewalks and other planning features, that assure safe
walking conditions for students who walk to and from school, and determine whether the
public interest will be served by the subdivision and dedications.

B.

Every decision and recommendation of the planning commission shall be in writing and
shall include findings of fact and conclusions to support the decision or recommendation.

C.

The planning commission must act on the application within 9060 days of filing of a fully
completed preliminary plat application unless the applicant consents to an extension of
time. This 9060-day period excludes time required to comply with Chapter 43.21C RCW
and WRMC 16.05.030(A) and (B).

T

A.

The reports of the planning commission as provided for herein are advisory only. The
report and recommendations of the planning commission will be submitted to the city
council within 45 days after the open record hearing.
(Ord. 84-94 § 1, 1994; Ord. 14-00 § 1, 2000)

AF

D.

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§ 16.05.060. Preliminary plat – Consideration by city council.

D

Upon issuance of the written decision and recommendation of the planning commission, a
closed record hearing before the city council shall be scheduled to consider the preliminary
plat. Preliminary plats must be approved, conditionally approved, disapproved or returned to
the applicant for modification or correction within 120170 calendar days from the date of
filing, unless the applicant consents to an extension, but the 120170-day period does not include
the time spent making an environmental assessment determination, and the preparation and
circulation of any environmental impact statement required by Chapter 43.21C RCW or the
time excluded by WRMC 16.05.030(A) or (B).
A.

The city council shall consider all relevant facts to determine whether the public interest
will be served by the subdivision and dedications, including those facts considered by the
planning commission. If it is determined that the proposed plat will serve the public
interest, the city council must approve the proposed plat. Dedication of land to any public
body may be required as a condition of subdivision approval. The council may not, as a
condition to approval of any plat, require release from damage to be procured from other
property owners. Sole authority to approve final subdivision plats resides in the city
council.
(Ord. 84-94 § 1, 1994; Ord. 14-00 § 1, 2000)

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City of West Richland, WA

DIVISION OF LAND

§ 16.06.010

§ 16.06.030

CHAPTER 16.06
BINDING SITE PLANS
§ 16.06.010. Purpose.
The purpose of this chapter is to establish procedures for the issuance of binding site plans
authorized by RCW 58.17.040.
(Ord. 6-86 § 1, 1986; Ord. 14-00 § 1, 2000)
§ 16.06.020. Definition.
"Binding site plan" means a drawing approved by the city council which sets forth a plan for the
use of land wherein there is:
A.

A division of land for the purpose of lease when no residential structure, other than mobile
homes or travel trailers, is permitted to be placed upon the land; or

B. A division of land into lots or tracts zoned for industrial or commercial use.
(Ord. 6-86 § 1, 1986; Ord. 14-00 § 1, 2000)

AF

Applications for binding site plans shall be submitted to the city community development
department for review by the community development department and the public works
director. The application shall include:
A vicinity map at a legible scale, showing the relationship of the proposed binding
site plan to surrounding schools, parks, etc., and to all streets within 1,000 feet, or to
the next major street, whichever is greater;

2.

The name and address of the owner or owners, the licensed engineer, licensed land
surveyor, licensed landscape architect, or other preparer, the names of all existing
abutting streets and subdivisions, and a legal description of the exterior boundaries of
the land to be divided;

3.

The location, width, and name of all proposed streets, the dimensions of other
proposed rights-of-way, alleys, easements, parks, playgrounds, open spaces, schools,
etc., the scale of the binding site plan, and a north arrow;

4.

A contour map of the property within the proposed binding site plan and showing the
contours of property 200 feet beyond the perimeter of the proposed subdivision, said
contour map showing changes in elevation of two feet. In addition, the elevation,
referenced to U.S. Coast and Geodetic datum, shall be shown for every corner of the
binding site plan boundary. The map will also show the location and areas of all
natural watercourses, major tree masses, major rock outcroppings, and other similar
landscape features;

5.

The dimensions and square footage of each lot, the dimensions and acreage of the
total binding site plan;

6.

All existing structures proposed to remain on the area to be subdivided, and all
existing drain fields and wells;

R

1.

D

A.

T

§ 16.06.030. Procedures for submission of application.

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§ 16.06.030

§ 16.06.030

7.

The location and design of fencing to be constructed along abutting streets;

8.

Evidence of an adequate domestic water supply for the intended use of each lot within
the proposed binding site plan as required by state law and the applicable city
requirements;

9.

One AutoCAD CD, Release (specified by community development director) of the
binding site plan. Must be standard AutoCAD Menu, standard fonts, surveyed in
accordance with NAD83/91, Washington State Plain South Zone, and drawn on a 1:1
scale;

10. A binding site application form, signed by the owner or his agent;
11. A certificate from a title insurance company, issued no more than 30 days prior to
application, showing ownership of the property involved, a list of names and
addresses of all abutting property owners, and property owners within 300 feet of the
exterior boundaries of the proposed binding site plan and all lienholders of the
proposed subdivision property;

AF

T

12. Those plats proposing individual on-site waste disposal systems as the means of
sewage disposal must include either: verification from the Benton-Franklin health
district that health district regulations have been met; or that all required information
has been received by the health district, and an estimated date when a final health
district determination will be made. If the necessary information is not received prior
to the planning commission open record hearing, then the matter may be continued
unless the applicant does not agree, in which case the commission will recommend
that the plat be approved, modified or denied;

R

13. Whether or not the property is to be connected to an irrigation source, and, if not,
written verification from the appropriate irrigation district as to what is involved to
connect to an irrigation source;

D

14. Tabular summary showing the following information:
a.

Gross acreage;

b.

Net lot acreage;

c.

Total number of lots;

d.

Average lot size;

e.

Minimum lot size;

f.

Present zoning;

g.

Type of water service;

h.

Type of sewerage;

15. Survey and Monumentation. A subdivision of the portion of the section in which the
binding site plan is located, showing original or established corners, a description and
the original traverse of same showing error of closure and method of balancing, shall
also be submitted. This is to be accompanied by a sketch showing all calculations

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§ 16.06.030

WEST RICHLAND CODE

§ 16.06.040

necessary to determine the courses and distances of the plat.
B.

Applications shall be accompanied by a fee to defray the administrative expenses incurred
by the city and for costs of review and inspection by the community development director,
public works director and other city employees. Said fee shall be in accordance with
WRMC 16.06.090.

C.

The community development director shall review the application and shall, within 30 days
of the determination of completeness of the application, forward the application and
supporting documents to the planning commission for recommendation to the city council.
The community development director shall, in forwarding the application with the
supporting documents, recommend either acceptance or rejection of the application as
submitted. If the community development director recommends rejection of the
application, he shall set forth in writing his reasons for recommending rejection.
(Ord. 6-86 § 1, 1986; Ord. 14-00 § 1, 2000)
§ 16.06.040. Standards.
Right-of-Way Requirements. All road right-of-way requirements shall be not less than the
width listed in WRMC 16.16.100 and all roads shall be paved by the developer in
accordance with WRMC 16.16.240 and standards established by the public works director.
All utility rights-of-way and easements must be shown on the binding site plan and must
be of such a width as the public works director may establish. All road and utility rightsof-way and easements must be dedicated to the city;

B.

Sewer System Requirements. If a public sewer system is available within 500 feet of the
parcel subject to the binding site plan, or the community development director determines
that public health, safety or welfare requires connection to a public sewer system, the
developer shall provide the subject property with a complete sanitary sewer system serving
the property connected to the public sewer system.

C.

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AF

T

A.

If the division of the lands within the binding site plan is for the purpose of lease when
no residential structure, other than mobile homes or travel trailers, is permitted to be
placed upon the land, then a sewer hookup shall be provided by the developer for each
individual lot on which a mobile home or travel trailer is to be placed;

2.

If the division of the lands is for the purpose of industrial or commercial use, the
public works director shall establish sanitary sewer system requirements in
accordance with applicable city regulations and policies, which system shall be
provided by the developer;

D

1.

Water System Requirements. If a public water main is available within 500 feet of the
property subject to the binding site plan, or the community development director
determines that public health, safety or welfare requires connection to a public water
system, the developer shall provide the subject property with a domestic water distribution
system connected to the public water system.
1.

If the division of the lands is for the purpose of lease when no residential structure,
other than mobile homes or travel trailers, is permitted to be placed upon the property,
then each lot designated for placement of a mobile home or travel trailer shall be
provided with a separate hookup and separate meter so that each lot will receive
metered water from an individual meter;

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DIVISION OF LAND

§ 16.06.040

§ 16.06.060

2.

If the division of the land is for industrial or commercial use, the public works director
may establish such criteria as is appropriate for supplying the property with domestic
water in accordance with applicable city regulations and policies;

3.

The property subject to the binding site plan shall be provided with fire hydrants at
approximately 400-foot intervals on each street or at such other locations as the city
may require;

D.

Street Lighting Requirements. The developer shall provide an adequate street lighting
system for the property subject to the binding site plan;

E.

Irrigation System. The developer shall provide a separate irrigation system and source of
irrigation water for the property subject to the binding site plan;

Undergrounding of Utilities. The developer shall underground all utilities, including but
not limited to power, telephone and cable television, and the utilities shall be located in
rights-of-way or easements dedicated to the public.
The city council may modify the above stated standards and requirements, taking into
consideration the s

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