The purpose of this chapter is to provide a cooperative and structured siting process for essential public facilities which is intended to implement the countywide planning policies. (Ord. 269 (part), 2002)

A.

This chapter applies to the siting of essential public facilities. These procedures do not displace the provisions of Chapter 17.40, Conditional Uses, which apply to particular locations after development of site selection criteria and identification, analysis, and ranking of potential project sites in accordance with this chapter. The provisions of this chapter are deemed to be prerequisite steps in the conditional use process for essential public facilities.

B.

Sections 17.23.050 and 17.23.060 do not apply to siting of essential public facilities for which a statutory siting process exists which preempts the siting process established by this chapter. (Ord. 269 (part), 2002)

"Essential public facilities" means those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and inpatient facilities including substance abuse facilities, mental health facilities, group homes and secure community transition facilities as defined in RCW 71.09.020 and includes supporting facilities needed for such essential facilities. It is not necessary that the facilities be publicly owned. (Ord. 269 (part), 2002)

A.

Essential public facilities may be identified by state statute.

B.

State agencies may identify essential public facilities by including them on the list of essential state public facilities maintained by the state office of financial management.

C.

The county may identify essential public facilities to be located in the county by scheduling such facilities in its comprehensive plan.

D.

All other facilities offered for identification as essential public facilities shall be submitted by interpretation request in accordance with Section 14.03.020(B). Such interpretation shall be made with an opportunity for public input, without public hearing, and with a right of appeal to the planning commission. (Ord. 269 (part), 2002)

A.

When an essential public facility is identified and proposed to be located within the county, the local government(s) involved will appoint an advisory committee composed of citizen members selected to represent a broad range of interest groups.

B.

The advisory committee shall consist of an odd number of members of no less than three and no more than nine, unless membership is expanded as provided in this section. If the governing bodies cannot agree upon the method of appointment of committee members, the local government for the area in which the facility is initially proposed to be located shall be allowed to appoint a simple majority of the committee members and all other local governments involved shall be allowed to appoint at least one member. (Ord. 269 (part), 2002)

It will be the responsibility of the advisory committee to develop specific siting criteria for the proposed project and to identify, analyze, and rank the potential project sites. In considering potential project sites, the committee shall not be limited to the area in which the project is initially proposed.

A.

The committee shall consider the need for the particular facility in light of established level of service standards and planning assumptions.

B.

The committee shall consider such factors required by law to be considered for the type of facility proposed.

C.

The committee shall include an evaluation of feasible alternative sites and of equity in geographical distribution.

D.

The committee shall not consider sites in incorporated areas of Walla Walla County unless the governing body for such area(s) have either appointed or been given an opportunity to appoint committee member(s).

E.

Committee meetings shall be conducted in accordance with Washington's Open Public Meetings Act, RCW Ch. 42.30, as amended. (Ord. 269 (part), 2002)

Once siting criteria are developed and potential project sites are identified, analyzed and ranked, the conditional use process, Chapter 17.40, may be initiated for the highest ranked potential project site. If the highest ranked potential project site is unavailable or disapproved for a conditional use permit, the conditional use process may be initiated for the next highest ranked potential project site. The conditional use process may be initiated for lower ranked potential project sites in like manner if all higher ranked sites are either unavailable or disapproved for a conditional use permit. In addition to general review criteria and approval conditions considered during the conditional use process, such process shall also:

A.

Evaluate the extent to which design features or operational conditions can eliminate or reduce unwanted project impacts;

B.

Where appropriate, establish incentives or require amenities for siting in particular areas;

C.

Consider such criteria and conditions of approval required by law to be considered for the type of facility proposed. (Ord. 269 (part), 2002)

The siting process and conditional use process shall each be concluded as soon as practicable; provided, however, that such processes shall be concluded no later than such period(s) required by law. (Ord. 269 (part), 2002)

Siting decisions may not be appealed until conclusion of the conditional use process. The time period for filing an appeal of a siting decision shall commence on the date the planning commission either grants or denies approval of a conditional use request. Appeal of siting decisions shall be consolidated with the appeal of conditional use decisions and may be made in accordance with Chapter 14.11. (Ord. 269 (part), 2002)

Only those secure community transition facilities proposed in accordance with subsections (6) and (7) of RCW 71.09.250, may be sited in Walla Walla County.

A.

The maximum number of secure community transition facility beds that may be sited in Walla Walla County before June 30, 2008, shall be no greater than the total number of persons civilly committed to the special commitment center on McNeil Island from Walla Walla County under Chapter 71.09 of the Revised Code of Washington, or detained at the special commitment center under a pending civil commitment petition from Walla Walla County where a finding of probable cause had been made on April 1, 2001. The maximum number of additional secure community transition facility beds that may be sited in Walla Walla County between July 1, 2008 and June 30, 2015, shall be no greater than the total number of persons civilly committed from Walla Walla County, or detained at the special commitment center under a pending civil commitment petition from Walla Walla County where a finding of probable cause had been made, reduced by the number of unoccupied secure community transition beds already sited in Walla Walla County, as of July 1, 2008.

1.

The maximum number of secure community transition facility beds that may be sited in Walla Walla County cannot be expanded by election to site additional secure community transition facility beds under the incentive program created by RCW 71.09.250 subsection 7(b), or by any other means, unless the Walla Walla County board of county commissioners approves such election by resolution. In the event that the Walla Walla County board of county commissioners elect site additional secure community transition facility beds in Walla Walla County under the incentive program created by RCW 71.09.250 subsection (7)(b), the maximum number of secure community transition facility beds that may be sited in Walla Walla County shall be established by resolution.

B.

Sections 17.23.020, 17.23.030, 17.23.040, 17.23.050, 17.23.060, 17.23.070, 17.23.080 and 17.23.090 apply to siting of secure community transition facilities in addition to this section.

1.

In addition to the requirements of Section 17.23.060, the advisory committee established in accordance with Section 17.23.050 shall consider, but not be bound or limited by, the policy guidelines adopted in accordance with subsection (6)(b) of RCW 71.09.250, and give great weight to, but not be bound or limited by, the equitable distribution factors established by subsections (8) and (9) of RCW 71.09.250.

2.

In addition to the requirements of Section 17.23.060 and Subsection 17.23.100(B)(1), the advisory committee established in accordance with Section l7.23.050 shall provide public notice and conduct public hearings similar to those required by subsections (1) and (2) of Section RCW 71.09.315 (transition facilities—Public notice, review, and comment). (Ord. 269 (part), 2002)