03/17/2006: "Charter Impact Still Being Felt"

In a letter addressed to the Planning Commission and to the Director of the CD&PD (Community Development & Planning Department), County Prosecutor Randy Gaylord informed them that since a site specific redesignation is, under state law a "quasi-judicial action", it must be processed in the same manner as any project permit. In other words, since the new County Charter, and state law, allow a citizen planning commission to advise on land use classifications, it cannot sit as a legislative or a quasi-judicial body on granting or denying project permits.

The matter came to a head when questions were raised by an applicant whose application to change the land use redesignation on a parcel of land was scheduled to be heard by the Planning Commission, and not the Hearing Examiner, who under the Charter and state law should be the hearing body.

In his correspondence, Gaylord stated that: "According to state law, (RCW 36.70B.040(4) and Wenatchee Sportsman v. Chelan County) a site specific redesignation is a quasi-judicial action that is identified as a "project permit" that is to be handled like any other project permit. That means that the permit should be processed before the hearings examiner like any other project permit, with an appeal to superior court under LUPA.

It is anticipated that Gaylord will be introducing to the County Council some suggested changes to existing county ordinances that will make them compliant with the Charter and state law.

This is but another example of the house cleaning and adjustment to the old way of doing business in SJC that is expected to go on for awhile, until all the loose ends and changes are made to a large body of existing regulations and policies that must now match up with the requirements of the Charter form of government.