Community members express concerns over Olympia's proposed 'incomprehensible' land use permit process

Olympia Community Planning and Development Director Leonard Bauer presented the draft ordinance on consolidating land use permit processes to simplify and reduce the time and costs related to application and review.

Bauer spoke at the Olympia Planning Commission meeting on Monday, April 3. The commission also opened the public hearing for the proposed measure, where six community members participated.

The CP&D, Bauer said, proposes consolidating the seven separate chapters of the unified development code into one chapter.

These chapters involve land use review, administration, permit application contents, public notice, appeal/reconsiderations, conditional uses, rezones and text amendments.

Bauer said this measure reduces duplication as many of these sections cover the same topic. "This allows us to consolidate and simplify the first section of the ordinance, which will be the primary one to go to for any kind of administrative or review information."

Four types of permits

Bauer said Olympia is also considering consolidating into four types the various permits listed in the current code. He said the four types are based on the decision-maker and the process of getting to them:

Type 1 – administrative decisions. These are staff decisions with no discretion if specific things are met.

Type 2 – administrative decisions with public notice and specific allowance for comments.

Type 3 – decisions are made by hearing examiners. Bauer said these are typically referred to as quasi-judicial decisions. The examiner needs to look at the comprehensive plan and the overall code after a public hearing to determine if a type of permit can be approved.

Type 4 – Legislative decisions. The city council can make this after a public hearing. These are comprehensive plan amendments and others that set the city's policy direction.

"Throughout this ordinance, these four types have different notice requirements. We will stay consistent about how these procedures work for each of the four types of permits, rather than having dozens of types, with each their separate process or description of the process," Bauer said.

He said the benefits of the proposed consolidated permits include reducing the cost and risk to builders and investors.

Bauer added that having an easy and manageable process could lead to more investment in Olympia.

Bauer further stated that the predictability and simplicity of the process would help staff administer the code and save time for applicants.

"It reduces the time for applicants. It also helps developers know when the permit application and review process will be done. If they have a better sense of the timeline, they can order their labor, their materials and get started more quickly," Bauer said. He added that one of the significant delays in the development is the uncertainty of long the permit process will take.

Ordinance hard to understand, say community members

Community member Judy Barden commented that there is no substantial list of changes in the ordinance.

"This should have been summarized for the public," Barden said, adding that she spent four hours going through the ordinance and had difficulty perusing the document. "Such a short timespan for a complex ordinance with unclear changes and a [public] hearing is just not fair to the public."

Bauer said the hearing notice was sent to the neighborhood associations on March 22 and the proposed changes were published on the city’s website on March 24.

Larry Dzieza, president of the Olympia Council of Neighborhood Associations, agreed with Barden, saying that the proposal is incomprehensible.

He asked the Planning Commission members if they had read the ordinance and understood the proposed change and its impact. "Do you think that the average person could understand?"

Dzieza commented that the ordinance was not clear about what had been changed.

Beverly Bassett commented that the ordinance is for the benefit of the developers without expressing any concern about how the changes affect the residents of the neighborhood and the quality of life within the community.

Lisa Riner asked the commissioners to put this on hold on this issue until better public notice and a better dialogue on "these difficult and complex matters."

Jessie Simmons of Olympia Master Builders said streamlining the permitting process and making it more predictable would bring the cost down and allow builders to create affordable housing.

Citing a statewide study by the Building Industry Association of Washington, Simmons said that the average permitting delays are more than six months on top of the permitting timeline, which is another six-and-a-half months.

"That adds $31,000 or more to the end cost of a home. So that is cost to the consumers that they will have to pay over that mortgage," he added.

However, Simmons also requested the commission to defer action on the ordinance, which discusses the city as "not liable for damages due to the city's failure to make a final decision within the time limits established in the chapter."

"I would urge you to put some accountability on the jurisdictions who conduct the permitting process as well. I think that will go a long way towards making sure that all things mentioned in this ordinance get implemented," Simmons said.

According to Bauer, Olympia has shorter permitting timelines than other cities. He said the four types of permits intend to make the processes clear so it would shorten the timeline even more.

The commission took no action regarding the ordinance. Instead, they voted to extend the written public comment period until noon, this Friday, April 7.