(1) As provided for in RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i) a county or city may submit an empirical study to the department for review and certification that the requirements of RCW 36.70A.635 (6)(d) through (f) and 36.70A.681 (2)(a)(i) through (iii) do not apply.

(2) The empirical parking study will only be certified if it has been prepared by a credentialed transportation or land use expert and it clearly demonstrates the parking limitations of RCW 36.70A.635 will be significantly less safe for vehicle drivers or passengers, pedestrians, or bicyclists than if the county or city's parking requirements were applied to the same location for the same number of detached houses.

(3) Notice of intent to apply for a certification for a parking study for certain areas.

(a) The city or county must notify the department in writing of its intent to apply for certification of an empirical study as authorized by RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i) at least 30 calendar days prior to submittal of the request. Prior notification allows the department to be aware in advance of a request, anticipate the need to consult with state and other agencies and, if needed, provide technical assistance to the city or county on required submittal materials.

(b) The county or city notice of intent to apply for certification of a parking study must include:

(i) A notice of intent to apply application form;

(ii) Acknowledgment that the certification request may be approved, approved with conditions, or denied;

(iii) Acknowledgment that the jurisdiction has reviewed the department's parking study guidance document;

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

(v) The geographic areas to which the request will be made, as best known at the time of the submitting the notice of intent to apply.

(4) Public notice of intent to apply for certification of an extension.

(a) The department will publish notice in the Washington State Register that a city or county 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 a certification on the department website.

(c) The department will notify state agencies with expertise that a city or county has notified the department of its intent to apply for certification of a parking study as authorized by RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i).

(5) Procedures for certification of a parking study. A city's or county's application for certification for a parking study authorized by RCW 36.70A.635 (7)(a) and 36.70A.681 (2)(b)(i) must include the following items:

(a) A cover letter from the city or county requesting the certification;

(b) The department's formal parking study certification request application form;

(c) The department's local government parking study application checklist;

(d) Identification of areas proposed for certification in relation to, as applicable, areas of the city or county subject to the requirements of RCW 36.70A.635 and 36.70A.681;

(e) The empirical parking study should include the necessary information identified in the empirical parking study application checklist. This includes, but is not limited to, identification of proposed certification area, mapping, estimates of future middle housing and/or accessory dwelling unit development, comparative parking analysis, safety analysis and findings;

(f) A narrative within the study addressing the following findings:

(i) The maximum off-street parking requirements for middle housing and/or accessory dwelling units are significantly less safe than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.

(ii) The significantly less safe conditions are a direct result of parking demand associated with the maximum off-street parking requirements and projected growth for middle housing and/or accessory dwelling units in the area proposed for certification, and not solely attributable to off-street parking associated with other types of new development.

(iii) The certification area is the smallest area necessary to address the safety considerations identified in the empirical parking study.

(iv) The estimates of future (up to five-year) middle housing and/or accessory dwelling unit development were reasonably calculated.

(v) The significantly less safe conditions cannot be reasonably addressed through other techniques including, as examples, parking management controls for on-street parking spaces, signage, traffic calming and related physical infrastructure, enhanced transit, travel demand management, and increased parking enforcement.

(vi) Any additional information that the city believes supports the request for approval of alternative action.

(6) Certification determination procedures.

(a) The department must approve or deny the application within 60 calendar days of receiving a city's complete request for certification of the empirical parking study application. An application is complete when the department has received all the required information identified in WAC 365-199-060(5) including all additional information requested by the department.

(b) The department's action may, at the department's sole discretion, extend up to 60 calendar days.

(c) The department will issue its certification 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 will publish its certification decision on the application for determination of compliance as follows:

(i) Notify the city or county 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's website;

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

(7) If the department denies the request, a city may seek agency review as a brief adjudicative proceeding under RCW 34.05.482 through 34.05.494.