The purpose of this chapter is to establish a formal process for identifying and siting essential public facilities and minimizing their adverse impacts. Essential public facilities are defined in Chapter 15.08 CMC Basic Definitions and Interpretations and include, but are not limited to, airports, state education facilities, state or regional transportation facilities, jails and other correctional facilities.

The provisions of this chapter shall be reasonably construed and applied in a manner that ensures the siting of essential public facilities within the city of Carnation is not precluded in violation of applicable state law, including without limitation RCW 36.70A.200. For the purposes of this chapter, "preclude" is defined as to render impossible or impracticable, and "impracticable" is defined as not practicable, incapable of being accomplished by the means employed or at command.

Without prejudice to the foregoing, the zoning and permissible use regulations set forth at Chapter 15.36 CMC and 15.40 CMC shall not be construed in a manner that unlawfully precludes essential public facilities.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Essential public facilities for which the city's regulatory authority is preempted by state or federal law, or is otherwise inconsistent with state or federal law, are exempt from the provisions of this chapter to the extent of such preemption.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Following the preapplication meeting, the City Manager or his/her designee shall determine: (i) if the subject application is for an essential public facility, and, if so, (ii) whether the essential public facility is locally sponsored essential public facility or a state or regionally sponsored essential public facility. Such determination shall be promptly communicated in writing to the applicant.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

Essential public facilities shall qualify as conditional uses, subject to the requirements of Chapter 15.09 CMC Local Project Review and Chapter 15.18 CMC Land Use Approvals, Part I Special Use and Conditional Use Permits, except to the extent otherwise provided by this chapter.

B.

Locally sponsored essential public facilities shall be limited to the zoning districts identified in CMC 15.40 Permissible Uses.

C.

The conditional use permit application shall also include a public participation plan de-signed to encourage early and meaningful public involvement in the permitting decision and in determining possible mitigation measures.

D.

An essential public facility must satisfy the conditions of this chapter and Chapter 15.18 CMC, Part I Special Use and Conditional Use Permits, except as otherwise provided by this chapter.

E.

Conditional use permits for essential public facilities may not be conditioned or denied to the extent that the condition or denial would preclude the siting of the essential public facility.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

The hearing examiner may approve, or approve with conditions, a conditional use permit for a locally sponsored essential public facility only when the proposal meets all of the following criteria in addition to the criteria imposed by Chapter 15.18 CMC Part I Special and Conditional Use Permits:

A.

The proposal is consistent with the comprehensive plan;

B.

The project sponsor has demonstrated the need for the project, supported by an analysis of the projected service population, an inventory of existing and planned comparable facilities, and the projected demand for the type of facility proposed;

C.

The sponsor has reasonably investigated alternative sites, as evidenced by a detailed explanation of site selection methodology;

D.

The project is consistent with the sponsor's own long-range plans for facilities and operations;

E.

The sponsor has provided a meaningful opportunity for public participation in the siting decision and development of mitigation measures that is appropriate in light of the project's scope, applicable requirements of the city code, and state or federal law;

F.

The proposal, as conditioned, complies with all applicable provisions of the city code;

G.

The project site meets the facility's minimum physical site requirements, including reasonably projected expansion needs. Site requirements shall be determined by reference to the minimum size of the facility, setbacks, access, support facilities, topography, geology, and on-site mitigation needs;

H.

The proposal, as conditioned, adequately mitigates adverse impacts to life, limb, property, the environment, public health and safety, transportation system, economic development, and other identified impacts;

I.

The proposal incorporates specific features to ensure that it is reasonably compatible with the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding properties; and

J.

Essential public facilities shall, to the extent reasonably practicable, be located and designed to minimize adverse impacts on nearby residential areas.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

The hearing examiner shall approve, or approve with conditions, a conditional use permit for a state or regionally sponsored essential public facility. In addition to the criteria imposed by Chapter 15.18 CMC Part I Special and Conditional Use Permits, the conditional use permit for a state or regionally sponsored essential public facility shall ensure that:

A.

The proposal, as conditioned, adequately mitigates adverse impacts to life, limb, property, the environment, public health and safety, transportation system, economic development, and other identified impacts;

B.

The proposal incorporates specific features to ensure that it is reasonably compatible with the existing or intended character, appearance, quality of development, and physical characteristics of the site and surrounding properties; and

C.

Essential public facilities shall, to the extent reasonably practicable, be located and designed to minimize adverse impacts on nearby residential areas.

The provisions of this section shall not be construed as authorizing the preclusion of a state or regionally sponsored essential public facilities either through: (i) denial of a conditional use permit, or (ii) the imposition of conditions that would render the essential public facility impossible or impracticable.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

At the mutual discretion of the city and the sponsor of an essential public facility, a development agreement negotiated, processed and executed in accordance with Chapter 36.70B RCW may be utilized for essential public facilities. The public hearing required for any such development agreement shall be separate from and additional to any public hearing associated with the conditional use permit for the essential public facility.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

To the extent not preempted by applicable federal law, essential public facilities sponsored by a governmental agency or department of the United States shall be reviewed and processed in accordance with the standards and procedures for state and regionally sponsored essential public facilities under this chapter.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

The city council may approve a development agreement that creates exemptions or modifications to the requirements of this title to the extent necessary to avoid preclusion of an essential public facility.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

The city planner may require independent consultant review of a proposed essential public facility in order to assess its compliance with the criteria contained in this chapter.

B.

If independent consultation is required, the sponsor shall follow the provisions of CMC 5.32.020, to provide for cost recovery of consultant costs.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Any building permit for an essential public facility approved under this chapter shall comply with all applicable conditions of approval in the conditional use permit.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

In accordance with RCW 36.70B.080, the city finds that essential public facilities inherently involve siting difficulties, implicate potentially significant community and environmental impacts, and warrant enhanced opportunities for public notice and comment. Based upon these findings, the City concludes that the standard one hundred twenty-day final decision timeframe for most project permit types is inapplicable to applications for essential public facilities. The City instead hereby establishes one hundred eighty days, measured from the City's notice of complete application, as the timeframe within which a final notice of decision shall be issued with respect to an application for an essential public facility. The following shall be excluded from said one hundred eighty-day period:

1.

Any time during which the city is waiting for the applicant to provide information reasonably requested by the city;

2.

Any time during which a SEPA EIS is being prepared, revised and/or issued with respect to the proposal;

3.

Any time during which an administrative or judicial appeal involving any part of the proposal is ongoing; and

4.

Any time agreed to or otherwise requested by the applicant.

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

The city hereby adopts by reference the list of categories of essential public facilities set forth in RCW 36.70A.200, together with the list of essential state facilities maintained by the state Office of Financial Management, including any future amendments or revisions thereto. The city further designates the following existing and/or planned facilities as essential public facilities for purposes of this chapter:

1.

Carnation Wastewater Treatment Facility

2.

State Route 203

3.

Carnation Landfill

4.

Carnation Vacuum Sewer station

5.

Carnation Spring source watershed

6.

Carnation well

7.

Evacuation Trail

8.

Carnation Water Storage facilities

(Ord. No. 866, § 2(Exh. A), 8-4-2015; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)