|
|
40.520.040 Site Plan Review
A. Applicability and Review Process.
1. Site plan review is required for all new development and modifications to existing permitted development, unless expressly exempted by this title.
2. A site plan is subject to a Type II review process as provided in Section 40.510.020 if it is subject to one (1) or more of the following:
a. Conditional use;
b. Planned unit development;
c. New development in all urban holding, contingent zone, urban residential, office residential, business park, office campus, mixed use, university, commercial, industrial, surface mining and airport zones, unless expressly exempted by this title;
d. A modification to existing permitted development or a permitted modification to an existing nonconforming use if it will cause any of the following:
(1) An increase in density or lot coverage by more than ten percent (10%) for residential development;
(2) A significant change in the type of dwelling units proposed in a residential development (e.g., a change from detached to attached structures or a change from single-family to multifamily);
(3) An increase of more than ten percent (10%) in on-site parking required by this chapter or an increase of more than forty (40) on-site parking spaces;
(4) An increase in the height of a structure(s) by more than ten percent (10%);
(5) A change in the location of accessways to frontage roads where off-site traffic would be affected, or a change in the location of parking where the parking is closer to land zoned or used for residential or mixed residential/other purposes;
(6) An increase in vehicular traffic to and from the site of more than twenty (20) average daily trips, based on the latest edition of the International Transportation Engineer’s (ITE) Trip Generation Manual or substantial evidence by a professional engineer licensed in the state of Washington with expertise in traffic engineering;
(7) An increase in the floor area of a structure used for nonresidential purposes by more than ten percent (10%) and at least five thousand (5,000) square feet;
(8) A SEPA determination is required by Chapter 40.570;
(9) A reduction in the area used for recreational facilities, screening, buffering, landscaping and/or open space by more than ten percent (10%); and
(10) A modification other than one listed in this section if subject to Type II review based on the post-decision procedures in Section 40.520.060 or based on other sections of this title;
e. Aboveground storage tanks over two thousand (2,000) gallons and underground tanks larger than ten thousand (10,000) gallons in size. SEPA review is required for underground tanks over ten thousand (10,000) gallons. CARA provisions in Sections 40.410.010(B) and 40.410.020(A) may also apply.
3. A site plan is subject to a Type I review process as provided in Section 40.510.010 if:
a. It is not subject to Type II review under Section 40.520.040(A)(2);
b. It is not exempt under Section 40.520.040(A)(4); or
c. It is expressly listed below:
(1) Portable, walk-up vendors such as espresso and coffee carts, flower stands and food carts, which meet the following criteria:
(a) The use shall be portable (not permanently connected to public or private sewer or water facilities and equipped with mechanisms to readily remove structure);
(b) The structure shall not exceed three hundred (300) square feet;
(c) The use shall not incorporate a drive-through.
(2) Neighborhood parks.
(3) Aboveground tanks over one hundred twenty-five (125) gallons up to and including two thousand (2,000) gallons. CARA provisions in Sections 40.410.010(B) and 40.410.020(A) may also apply.
4. The following land uses and development are exempt from site plan review, provided the applicable standards of this title are met:
a. A single-family detached dwelling and modifications to it.
b. A duplex or triplex and modifications to it on a lot created and approved for such use.
c. Development exempt from review under Chapter 14.05.
d. Modifications to the interior of existing structures that do not change the use or the amount of a use.
e. Changes in use that do not require a need for an increased number of parking spaces over those required for the existing use, based on Table 40.340.010-4. The proposed change in use must also be a permitted use in the zoning district and may not violate the existing site plan approval. The existence of on-site parking greater than the minimum number of spaces required for a new use does not exempt a development from site plan review. Existing additional parking spaces can be used to meet any new parking requirements for the new use.
f. Land divisions.
g. School modulars or portables; provided, that the applicant takes on lead agency status for SEPA.
h. Other development the responsible official finds should be exempt, because it does not result in an increase in land use activity or intensity or in an adverse impact perceptible to a person of average sensibilities from off-site, and because the county can assure the development complies with applicable standards without site plan review.
(Amended: Ord. 2006-09-13; Ord. 2006-11-07; Ord. 2007-06-05)
B. Binding Site Plans.
1. The purpose of binding site plan approval is to provide an alternative to the standard subdivision process for specific types of development. The binding site plan shall only be applied for the purpose of dividing land for:
a. Sale or for lease of commercially or industrially zoned property as provided in RCW 58.17.040(4);
b. Lease as provided in RCW 58.17.040(5) when no other structure other than manufactured homes or travel trailers are permitted to be placed upon the land; provided, that the land use is in accordance with the requirements of this title; and
2. In addition to the requirements of a standard site plan, a binding site plan shall contain:
a. Inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land; and
b. Provisions making any development conform to the site plan.
3. In addition to the requirements of a standard final site plan, a final binding site plan application shall contain:
a. Survey prepared by a licensed land surveyor in the state of Washington showing the project boundary with mathematical closures and any land division lines created through the binding site plan process; and
b. Parcel area of lots expressed in square footage for developments in the urban area and acreage for developments in the rural area.
(Amended: Ord. 2004-11-04)
C. Pre-Application Submittal Requirements.
1. A site plan subject to a Type I review is not subject to pre-application review unless requested by the applicant.
2. A site plan subject to a Type II review is subject to pre-application review unless waived. See Section 40.510.020(A) regarding pre-application review.
3. An applicant for a pre-application review of a site plan shall comply with the submittal requirements in Section 40.510.050.
D. Application Submittal Requirements for Site Plan Review.
An application for a review of a site plan shall comply with the submittal requirements in Section 40.510.050.
E. Approval Criteria.
1. Generally.
a. If the responsible official finds that a site plan application does or can comply with the applicable approval and development standards, the responsible official shall approve the site plan, or approve the site plan subject to conditions of approval that ensure the proposed development will comply with the applicable standards.
b. If the responsible official finds that a site plan application does not comply with one (1) or more of the applicable approval or development standards, and that such compliance cannot be achieved by imposing a condition or conditions of approval, the responsible official shall deny the site plan application.
c. If a site plan is subject to a standard(s) over which the responsible official does not have sole jurisdiction, then the responsible official shall not make a final decision regarding the site plan until the related decision(s) regarding the applicable standard(s) has been received.
d. The responsible official may modify or waive any of the site plan review standards for specific development within the commercial districts if the responsible official finds that a specific design guideline(s) within Section 40.230.010(E) cannot be implemented in the proposed development without granting the modification.
2. Site Plan Approval Criteria. In addition to other applicable provisions of this code, a site plan application shall comply with the following standards or modifications or variations to those standards permitted by law:
a. Use and development standards of the applicable base zones and overlay zones in this title;
b. Sign standards in Chapter 40.310;
c. Landscaping and screening design standards in Chapter 40.320;
d. Crime prevention guidelines in Chapter 40.330;
e. Parking and loading standards in Chapter 40.340;
f. Transportation and circulation standards in Chapter 40.350;
g. Solid waste and recycling standards in Chapter 40.360;
h. Sewer and water standards in Chapter 40.370;
i. Stormwater and erosion control standards in Chapter 40.380;
j. Critical areas standards in Subtitle 40.4;
k. Fire safety standards in Chapter 15.12; and
l. Applicable ADA standards.
(Amended: Ord. 2007-06-05)
F. Final Site Plan/Final Construction Plan Review.
1. Submittal Requirements. All of the materials listed below must be submitted for a complete application, unless otherwise authorized by the responsible official:
a. Completed application form;
b. Application fee pursuant to Title 6;
c. Construction Plans. Where improvements are required, plans for such improvements shall be submitted to the County Engineer who shall review them for conformance with conditions of preliminary site plan approval and other adopted county standards as of the date of preliminary site plan approval. Approval shall be given by the signature of the County Engineer on the construction plans. Improvements shall be designed by or under the direct supervision of a licensed engineer where required by statute (Chapters 18.08, 18.43, and 18.96 RCW). The licensed engineer shall certify same by seal and signature. All construction plans shall comply with the provisions of the Clark County Code.
Unless waived by the County Engineer, the construction plan set shall include the following elements:
(1) Final grading plan pursuant to Chapter 40.380;
(2) Final transportation plan pursuant to Chapter 40.350;
(3) Final signing and striping plan;
(4) Final stormwater plan and Technical Information Report (TIR) pursuant to Chapter 40.380;
(5) Proposed erosion control plan pursuant to Chapter 40.380;
(6) Final landscaping plan;
(7) Final wetland and/or habitat mitigation plan;
(8) Final water and waste water disposal plan; and
(9) Additional information as required by the responsible official consistent with the conditions of the preliminary approval or as otherwise required by the code;
d. Proposed Final Site Plan. Unless waived by the responsible official, a proposed final site plan shall be approved prior to the issuance of a building permit for all development subject to site plan review. Where construction plans are required, the proposed final site plan shall be included as a sheet in the construction plan set. The proposed final site plan shall include the following:
(1) Project name;
(2) Legend;
(3) Location, including one-quarter (1/4) section, section, township, range, and, as applicable, donation land claim and/or subdivision;
(4) Boundary survey;
(5) Lot, block and street right-of-way and centerline dimensions;
(6) Street names;
(7) Scale, including graphic scale, north arrow and basis of bearings;
(8) Identification of areas to be dedicated;
(9) Special setbacks (if any);
(10) Private easements (if any);
(11) Utility easements;
(12) Walkways (if any);
(13) Building square footage; and
(14) Parking layout and number of spaces;
e. Conditions, covenants and restrictions, notes, and/or binding agreements as required by this code, SEPA, conditions of preliminary plat approval or other law, including but not limited to the following:
(1) Private road maintenance agreement, if applicable,
(2) Stormwater covenant, if applicable,
(3) Wetland and/or habitat covenant(s), if applicable,
(4) Recorded conservation covenant, if applicable, and
(5) Latecomer’s agreement, if applicable;
f. Verification of installation of required landscape;
g. Copy of recorded public and private off-site easements and right-of-way dedications for required improvements;
h. Final archaeology comments, if applicable;
i. Receipt showing payment of concurrency modeling fees;
j. Other supporting documents required pursuant to the preliminary site plan decision.
2. Copies. All plans and materials shall be submitted in the format and number established by the responsible official.
3. Construction Plan and Final Site Plan Review Procedure.
a. Final site plan/final construction plan applications are subject to a Type I review pursuant to Section 40.510.010.
b. The responsible official shall approve final site plan/final construction plans and forward the final site plans to the appropriate department for issuance of a building permit if the approval criteria below are met:
(1) The construction plans, if required, and final site plan are in proper form as established by the submittal requirements;
(2) The construction plans, if required, meet the technical performance requirements of the county. Improvements were designed by or under the direct supervision of a licensed engineer where required by statute (Chapters 18.08, 18.43, and 18.96 RCW) and the licensed engineer has certify same by seal and signature;
(3) The construction plans, if required, and final site plan are in conformance with the conditions of the preliminary site plan approval; and
(4) The construction plans, if required, and final site plan is in compliance with the requirements of this chapter and all applicable, adopted statutes and local ordinances.
c. The construction plan approval shall be given by the signature of the County Engineer on the improvement plans.
(Amended: Ord. 2004-11-04; Ord. 2006-05-01)