Chapter 18.48
COMMERCIAL SITE DEVELOPMENT PERMITS

Sections:

18.48.010    Purpose.

18.48.020    Definitions.

18.48.030    Applicability.

18.48.040    Permit type.

18.48.050    Application of development standards.

18.48.060    Approval or denial.

18.48.070    Financial guarantees.

18.48.080    Limitation of permit approval.

18.48.090    Modification to an approved permit.

18.48.010 Purpose.

The purpose of this chapter is to establish a comprehensive process to review the land use and site plan details for proposed commercial development, resulting in a permit that can combine any or all of the following:

A. Site development requirements specified prior to building and/or grading permit applications.

B. Site review and application of rules and regulations generally applied to the whole site without regard to existing or proposed internal lot lines.

C. Site development coordination and project phasing occurring over a period of years.

D. Evaluation of commercial development proposed concurrently with the creation or alteration of lots as part of a binding site plan application. (Ord. 1057 § 4, 2013)

18.48.020 Definitions.

A. “CSDP” shall mean a commercial site development permit as authorized by this chapter.

B. “Code administrator” shall have the meaning set forth in LFPMC 16.26.020(B). (Ord. 1057 § 4, 2013)

18.48.030 Applicability.

A. An application for commercial site development permit shall be submitted for commercial development proposed on sites consisting of one or more contiguous lots legally created and zoned to permit the proposed uses.

B. A commercial site development permit is separate from and does not replace other required land use permits such as conditional use permits or shoreline substantial development permits. A commercial site development permit may be combined and reviewed concurrently with other permits.

C. Prior to the issuance of a building permit, all applications for apartment, townhouse, commercial, or office projects must apply for and receive a commercial site development permit. In the event of any question, the code administrator or his/her designee shall be responsible for determining the applicability of commercial site development permit requirements, and how the commercial site development permit shall be processed in conjunction with other applicable permits.

D. If any of the following scenarios apply to a mixed use, multifamily, commercial and/or office proposal, then the applicant must apply for and obtain a CSDP first, prior to issuance of any other permit. In the event of any question, the code administrator or his/her designee shall be responsible for determining the applicability of CSDP requirements.

1. If three residential units or more will be located on an individual parcel. This includes three individual single-family dwelling units, townhouse units, apartment units or a combination of dwelling types. Note: Accessory dwelling units are not counted as a residential unit for purposes of this calculation.

2. Any mixed use, new office, multifamily, commercial or office building. Note: New government and institutional buildings are also included in this definition.

3. Any mixed use, office, multifamily, commercial, institutional expansion, tenant improvement or change of use that results in an increase in the number of dwelling units; an increase in impervious surface which triggers a new level of surface water review; a change in the number of ingress or egress points from the site (whether at the applicant’s request or expansion in any of the following areas: building square footage, parking space requirements or peak p.m. traffic trips).

4. Any mixed use, office, multifamily, commercial, institutional expansion, tenant improvement or change of use that will impact sensitive areas, shorelines or buffers.

5. Any mixed use, office, multifamily, commercial or institutional expansion that will require drainage review in accordance with the 2016 King County Surface Water Design Manual. (Ord. 1149 § 4, 2016; Ord. 1057 § 4, 2013)

18.48.040 Permit type.

Unless specified otherwise in Chapters 18.42 through 18.48 LFPMC, a CSDP shall be a Type I decision as defined in LFPMC 16.26.030(A), and subject to notice and other requirements applicable to a Type I decision as set forth in Chapter 16.26 LFPMC. (Ord. 1057 § 4, 2013)

18.48.050 Application of development standards.

An application for commercial site development permit shall be subject to the applicable development regulations set forth in LFPMC Titles 15, 16, 17 and 18. (Ord. 1057 § 4, 2013)

18.48.060 Approval or denial.

A. The hearing examiner may approve, deny, or approve with conditions an application for a commercial site development. The decision shall be based on the following factors:

1. Conformity with adopted city and state rules and regulations including but not limited to those listed in LFPMC Titles 15, 16, 17 and 18.

2. Consideration of the recommendations or comments of interested parties and those agencies or departments having pertinent expertise or jurisdiction, consistent with the requirements of this title.

B. Subsequent permits for a site that is the subject of an approved CSDP shall be issued only for development that complies with the approved commercial site development plan. Additional site development conditions and land use site review will not be required for subsequent permits provided the approved plan is not altered.

C. Approval of the proposed commercial site development shall not provide the applicant with vested rights. Subsequent permits shall be subject to the applicable codes and regulations in effect at the time of application for those permits, including without limitation the building, fire, clearing and grading, SEPA, drainage, and environmentally sensitive areas regulations set forth in LFPMC Title 15 and in Chapters 16.08, 16.16, and 16.24 LFPMC.

D. The city shall transmit a copy of the CSDP decision to the applicant and any other person who has presented written comment to the department on the CSDP application. (Ord. 1057 § 4, 2013)

18.48.070 Financial guarantees.

A. Approval of a CSDP may be conditioned upon the applicant’s submission of a performance bond(s) or other security in an amount sufficient to guarantee that development occurs according to the approved CSDP; that all required conditions of approval, including mitigation measures, are to be completed in a manner that complies with conditions of approval; and to guarantee satisfactory workmanship and materials for a period not to exceed five years. The hearing examiner shall establish the conditions of the bond or other security according to the nature of the proposed mitigation, maintenance or monitoring and the likelihood and expense of correcting mitigation or maintenance failures.

B. Posting of a bond or other security shall not discharge the obligation of an applicant to complete required mitigation, monitoring or restoration. The requirement of a bond or other security is not intended and shall not be construed to relieve an applicant of any obligation imposed under this chapter. (Ord. 1057 § 4, 2013)

18.48.080 Limitation of permit approval.

A. A commercial site development permit approved without a phasing plan shall be null and void if the applicant fails to file a complete building permit application(s) for all buildings, and have all valid building permits issued, within the time periods determined by the hearing examiner as part of CSDP approval.

B. A commercial site development permit approved with a phasing plan shall be null and void if the applicant fails to meet the conditions and time schedules specified in the approved phasing plan. (Ord. 1057 § 4, 2013)

18.48.090 Modification to an approved permit.

A. A building permit issued subsequent to a CSDP may contain minor modifications to an approved commercial site development plan provided a modification does not:

1. Increase the building floor area by more than 10 percent, subject to any other applicable floor area limitations of the LFPMC;

2. Increase the number of dwelling units;

3. Increase the total impervious surface area; provided, that relocatable facilities for schools shall be exempt from this restriction;

4. Result in an insufficient amount of parking and/or loading;

5. Locate buildings outside an approved building envelope; provided, that relocatable facilities for schools shall be exempt from this restriction;

6. Change the number of ingress and egress points to the site;

7. Significantly increase the traffic impacts of peak-hour trips to and from the site;

8. Significantly increase the quantity of imported or exported materials or increase the area of site disturbance.

B. Modifications that exceed one or more of the limitations stated in subsection A of this section shall require a new review, as determined by the director, and shall only be accomplished by applying for a new commercial site development permit for the entire site. The new CSDP application shall be reviewed according to the laws and rules in effect at the time of application. (Ord. 1057 § 4, 2013)