(1) A city seeking approval of an alternative action as provided for in RCW 36.70A.636 (3)(b) or (c) must make a request for such approval to the department.

(2) Notice of intent to apply for approval of an alternative action.

(a) The city must notify the department in writing that it intends to apply for approval of an alternative action at least 30 calendar days prior to formal submittal of the request. Prior notification allows the department to be aware of a request in advance, anticipate the need to consult with state and other agencies and, if needed, provide technical assistance to the city on required submittal materials.

(b) The city's notice of intent to apply for approval of an alternative action must include:

(i) Notice of intent application form;

(ii) A statement of whether the request is being made subject to RCW 36.70A.636 (3)(b) or (c);

(iii) Identification of the ordinance(s), plan(s), documents and other materials the city intends to submit to support its request for the department's approval, as best known at the time of submitting the notice of intent;

(iv) The geographic area(s) for which the approval request will be made, as best known at the time of submitting the notice of intent; and

(v) A summary of the status of the analysis being performed to support the application.

(3) Public notice of intent to apply for a request for approval of an alternative action.

(a) The department will publish notice in the Washington State Register that a city has notified the department of its intent to request an approval.

(b) The department will post a copy of the notice of intent to apply for an approval on the department website.

(c) The department will notify state agencies with expertise that a city has notified the department of its intent to apply for an approval.

(4) Procedures for an application of approval.

(a) A formal application for an approval of an alternative action must include, at a minimum, the following items:

(i) Formal application form;

(ii) A cover letter from the city requesting the approval or determination, and stating which alternative action under RCW 36.70A.636(3) the application addresses. The cover letter must also identify the timeline for implementing middle housing development regulations;

(iii) If applicable, a copy of or link to the adopted comprehensive plan and zoning regulation ordinances and any other adopted documents that the city is using to demonstrate that the alternative action taken meets the requirements of findings in RCW 36.70A.636(3);

(iv) An application narrative, to include:

(A) A general discussion of the request; and

(B) For approval requests being made under RCW 36.70A.636 (3)(b) or (c), how the proposed alternative action:

(I) Allows middle housing throughout the city, rather than just in targeted locations;

(II) Provides additional density near major transit stops, and allows for projects that incorporate dedicated affordable housing; and

(III) Shows that the city's adopted comprehensive plan and permanent development regulations result in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the applicable provisions of RCW 36.70A.635 were adopted;

(v) The application must be supported by calculations comparing housing units allowed under the alternative action to housing units allowed were the applicable provisions of RCW 36.70A.635 adopted;

(vi) In performing these calculations, consideration should be given to housing element technical guidance documents prepared by the department for housing element land capacity analysis; and

(vii) Map(s) showing the area subject to the requirements of RCW 36.70A.635 in comparison to the area being identified for the alternative action requested under RCW 36.70A.636(3). The map(s) must show:

(A) Major transit stops, if any;

(B) How the comprehensive plan and development regulations allow for additional density near major transit stops, if any;

(C) How the comprehensive plan and development regulations allow for middle housing throughout the city, rather than just in targeted locations; and

(D) How the comprehensive plan and development regulations allow for projects that incorporate dedicated affordable housing.

(viii) Any additional information that the city believes supports the alternative action approval request.

(b) In addition to the requirements listed above, the department may determine that the combined impact of the adopted comprehensive plan and development regulations are substantially similar to the requirements of RCW 36.70A.635 even if the submittal does not demonstrate the criteria listed in (a)(iv)(B) of this subsection. This determination can only be made if the city jurisdiction can clearly demonstrate that the development regulations adopted by the jurisdiction city will allow for a greater increase in middle housing production within single-family zones than would be allowed through implementation of RCW 36.70A.635.

(c) The department may request additional information or seek clarification of the materials submitted anytime during the 60 calendar day review period.

(5) Approval determination procedures.

(a) The department must approve or deny the application within 60 calendar days of receiving a city's complete request for approval of alternative action. An application is complete when the department has received all the required information identified in subsection (4) of this section including all additional information requested by the department.

(b) The department may at its sole discretion extend the deadline up to an additional 60 calendar days.

(c) The department will issue its decision in the form of a written statement, including findings of fact and conclusions, and noting the date of the issuance of its decision.

(d) The department shall publish its decision on the application as follows:

(i) Notify the city in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the department website; and

(iv) Notify state agencies with expertise with which department consulted and received substantive comments from regarding the request for approval.

(v) For the purposes of RCW 36.70A.290 the date of publication is the date the notice of decision is published on the Washington State Register.

(e) The determination of approval requires a finding that the city's alternative action:

(i) Results in an overall increase in housing units allowed in single-family zones that is at least 75 percent of the increase in housing units allowed in single-family zones if the specific provisions of RCW 36.70A.635 were adopted; allows for middle housing throughout the city, rather than just in targeted locations; and allows for additional density near major transit stops, and for projects that incorporate dedicated affordable housing; or

(ii) A determination by the department that the regulations adopted by the city will allow for a greater increase in middle housing production within single-family zones than would be allowed through implementation of RCW 36.70A.635.

(f) Any local actions approved by the department pursuant to RCW 36.70A.636 (3)(a) to implement the requirements under RCW 36.70A.635 are exempt from appeals under chapters 36.70A and 43.21C RCW.

(6) The department's final decision is appealable to the growth management hearings board by filing a petition consistent with RCW 36.70A.290.