County preparing to correct 5 code errors

A SEPA nonproject action is proposed to amend County Code by adopting an ordinance correcting five code inconsistencies and inaccuracies. The issues to be fixed are a result of changes in the law or irregularities in past code adoption processes.

The proposed amendments are in San Juan County Code 18.20.160, 18.30.055, 18.70.030, 18.70.060, and 18.80.140. The five corrections address amendments of the regulations regarding:

1. Siting and permitting of Essential Public Facilities consistent with Ordinance 10-2011;

2. Changing the definition of “personal wireless service facility or PWSF consistent with Ordinance 10-2012;

3. Ensuring that the boundary line modification regulations are consistent with state law because SJCC 18.70.030(A)(1)(a) includes a portion of the state requirement;

4. Making sure SJCC 18.70.060(B)(10)(a) complies with a court ruling which held that this provision is in violation of RCW 82.02.020. Skagit County Superior Court Judge Cook held that 18.70.060(B)(10)(a) violates RCW 82.02.020 as a tax on the subdivision of land and that this section of the San Juan County Code is invalid and should not have been applied since the court’s ruling. It has not been applied since the ruling; and

5. Fixing inconsistent language in SJCC 18.80.140(I)(1) and references. SJCC 18.80.140(I)(1) addresses SEPA appeals of nonproject actions and indicates that Table 8.4 shows the appeal path for nonproject actions. However, Table 8.4 references Chapter 36.70C RCW which is the Land Use Petition Act. The Land Use Petition Act addresses “project actions’ and is therefore not the correct reference for SEPA appeals of nonproject actions.

A SEPA Determination of Nonsignificance was issued on November 6, 2019. The comment period ends on November 22, 2019.

Copies of the proposed changes to the San Juan County Code, SEPA DNS and associated documents are available on the San Juan County (SJC) Department of Community Development (DCD), project website: They may be viewed during business hours at the, SJC DCD135 Rhone Street, in Friday Harbor.

Comments on this determination must be submitted by 4:30 p.m. November 22, 2019 to Linda Kuller, AICP, San Juan County DCD, PO Box 947, Friday Harbor, WA, 98250 or Email subject line: Comments on SJC Code Correction Ordinance. For more information, please contact Linda Kuller, SJC DCD Planning Manager at (360) 370-7572.

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