Chapter 20.30 Procedures and Administration

The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development decisions made by the City of Shoreline. These procedures are intended to:

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Promote timely and informed public participation;

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Eliminate redundancy in the application, permit review, and appeals processes;

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Process permits equitably and expediently;

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Balance the needs of permit applicants with neighbors;

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Ensure that decisions are made consistently and predictably; and

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Result in development that furthers City goals as set forth in the Comprehensive Plan.

These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. (Ord. 238 Ch. III § 1, 2000).

20.30.020 Administration.

The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code.

When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements.

Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail. (Ord. 238 Ch. III § 2, 2000).

Subchapter 2.

Types of Actions

20.30.030 Basis.

There are four types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. (Ord. 238 Ch. III § 3, 2000).

20.30.040 Ministerial decisions – Type A.

These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. These decisions are made by the Director and are exempt from notice requirements.

However, Type A permit applications that exceed the categorical exemptions in SMC 20.30.560 are subject to SEPA review. SEPA regulations including process, noticing procedures, and appeals are specified in Chapter 20.30 SMC, Subchapter 8.

All permit review procedures, all applicable regulations, and standards apply to all Type A actions. The decisions made by the Director under Type A actions shall be final. The Director’s decision shall be based upon findings that the application conforms (or does not conform) to all applicable regulations and standards.

Table 20.30.040 – Summary of Type A Actions and Target Time Limits for Decision

Action Type	Target Time Limits for Decision (Calendar Days)	Section
Type A:
1. Accessory Dwelling Unit	30 days	20.40.120, 20.40.210
2. Lot Line Adjustment including Lot Merger	30 days	20.30.400
3. Building Permit	120 days	All applicable standards
4. Final Short or Formal Plat	30 days	20.30.450
5. Bed and Breakfast, Boarding House	120 days	20.40.120, 20.40.250, 20.40.260
6. Interpretation of Development Code	15 days	20.10.050, 20.10.060, 20.30.020
7. Right-of-Way Use	30 days	12.15.010 – 12.15.180
8. Shoreline Exemption Permit	15 days	Shoreline Master Program
9. Sign Permit	30 days	20.50.530 – 20.50.610
10. Site Development Permit	60 days	20.20.046, 20.30.315, 20.30.430
11. Deviation from Engineering Standards	30 days	20.30.290
12. Temporary Use Permit	15 days	20.30.295
13. Clearing and Grading Permit	60 days	20.50.290 – 20.50.370
14. Administrative Design Review	28 days	20.30.297
15. Floodplain Development Permit	30 days	13.12.700
16. Floodplain Variance	30 days	13.12.800
17. Noise Variance	30 days	9.05

An administrative appeal is not provided for Type A actions. Appeals of a Type A action are to Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act. (Ord. 959 § 1 (Exh. A), 2022; Ord. 907 § 1 (Exh. C), 2020; Ord. 850 § 1 (Exh. A), 2019; Ord. 767 § 1 (Exh. A), 2017; Ord. 731 § 1 (Exh. A), 2015; Ord. 695 § 1 (Exh. A), 2014; Ord. 654 § 1 (Exh. 1), 2013; Ord. 641 § 4 (Exh. A), 2012; Ord. 631 § 1 (Exh. 1), 2012; Ord. 609 § 5, 2011; Ord. 531 § 1 (Exh. 1), 2009; Ord. 469 § 1, 2007; Ord. 352 § 1, 2004; Ord. 339 § 2, 2003; Ord. 324 § 1, 2003; Ord. 299 § 1, 2002; Ord. 244 § 3, 2000; Ord. 238 Ch. III § 3(a), 2000).

20.30.045 Neighborhood meeting for certain Type A proposals.

A. A neighborhood meeting shall be conducted by the applicant for temporary use permits for transitional encampment proposals.

B. A neighborhood meeting shall be conducted by the applicant or owner for the following in the R-4 or R-6 zones:

1. Developments requesting departures under the Deep Green Incentive Program, Chapter 20.50 SMC, Subchapter 9. (Ord. 789 § 1 (Exh. A), 2018; Ord. 762 § 1 (Exh. A), 2017; Ord. 760 § 1 (Exh. A), 2017; Ord. 695 § 1 (Exh. A), 2014).

20.30.050 Administrative decisions – Type B.

Type B decisions require that the Director issues a written report that sets forth a decision to approve, approve with modifications, or deny the application. The Director’s report will also include the SEPA threshold determination if applicable.

All Type B decisions are appealable in an open record appeal hearing, except shoreline substantial development permits, shoreline variances and shoreline CUPs that shall be appealed to the Shorelines Hearing Board pursuant to Chapter 90.58 RCW, Shoreline Management Act. Such hearing shall consolidate with any SEPA threshold determination.

Table 20.30.050 – Summary of Type B Actions, Notice Requirements, Target Time Limits for Decision, and Appeal Authority

Action	Notice Requirements: Application and Decision (1), (2), (3)	Target Time Limits for Decision	Appeal Authority	Section
Type B:
1. Binding Site Plan (4)	Mail	90 days	HE	20.30.480
2. Conditional Use Permit (CUP)	Mail, Post Site, Newspaper	90 days	HE	20.30.300
3. Preliminary Short Subdivision (4)	Mail, Post Site, Newspaper	90 days	HE	20.30.410
4. Shoreline Substantial Development Permit, Shoreline Variance and Shoreline CUP	Mail, Post Site, Newspaper	120 days	Shorelines Hearings Board	Shoreline Master Program
5. Zoning Variances	Mail, Post Site, Newspaper	90 days	HE	20.30.310
6. Plat Alteration (5), (6)	Mail	90 days	HE	20.30.425

Key: HE = Hearing Examiner

(1) Public hearing notification requirements are specified in SMC 20.30.120.

(2) Notice of application requirements are specified in SMC 20.30.120.

(3) Notice of decision requirements are specified in SMC 20.30.150.

(4) These Type B actions do not require a neighborhood meeting. A notice of development will be sent to adjacent properties.

(5) A plat alteration does not require a neighborhood meeting.

(6) If a public hearing is requested, the plat alteration will be processed as a Type C action per SMC Table 20.30.060.

(Ord. 959 § 1 (Exh. A), 2022; Ord. 857 § 2(A) (Exh. A), 2019; Ord. 789 § 1 (Exh. A), 2018; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 3(b), 2000).

20.30.060 Quasi-judicial decisions – Type C.

These decisions are made by the City Council or the Hearing Examiner, as shown in Table 20.30.060, and involve the use of discretionary judgment in the review of each specific application.

Prior to submittal of an application for any Type C permit, the applicant shall conduct a neighborhood meeting to discuss the proposal and to receive neighborhood input as specified in SMC 20.30.090.

Type C decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision made by the City Council or Hearing Examiner.

There is no administrative appeal of a Type C decision. Any appeal of a Type C decision is to King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.

Table 20.30.060 – Summary of Type C Actions, Notice Requirements, Review Authority, Decision Making Authority, and Target Time Limits for Decisions

Action	Notice Requirements for Application and Decision (2), (3)	Review Authority, Open Record Public Hearing	Decision Making Authority (Public Meeting)	Target Time Limits for Decisions	Section
Type C:
1. Preliminary Formal Subdivision	Mail, Post Site, Newspaper	HE (1)	City Council	120 days	20.30.410
2. Rezone of Property and Zoning Map Change	Mail, Post Site, Newspaper	HE (1)	City Council	120 days	20.30.320
3. Site-Specific Comprehensive Plan Map Amendment	Mail, Post Site, Newspaper	HE (1)	City Council		20.30.345
4. Special Use Permit (SUP)	Mail, Post Site, Newspaper	HE (1)		120 days	20.30.330
5. Critical Areas Special Use Permit	Mail, Post Site, Newspaper	HE (1)		120 days	20.30.333
6. Critical Areas Reasonable Use Permit	Mail, Post Site, Newspaper	HE (1)		120 days	20.30.336
7. Secure Community Transitional Facility – Special Use Permit	Mail, Post Site, Newspaper	HE (1)		120 days	20.40.502
8. Essential Public Facility – Special Use Permit	Mail, Post Site, Newspaper	HE (1)		120 days	20.30.330
9. Master Development Plan	Mail, Post Site, Newspaper	HE (1)		120 days	20.30.353
10. Plat Alteration with Public Hearing (4)	Mail	HE (1)		120 days	20.30.425
11. Subdivision Vacation	Mail, Post Site, Newspaper	HE (1)		120 days	20.30.427

(1) HE = Hearing Examiner.

(2) Notice of application requirements is specified in SMC 20.30.120.

(3) Notice of decision requirements is specified in SMC 20.30.150.

(4) A plat alteration does not require a neighborhood meeting.

(Ord. 959 § 1 (Exh. A), 2022; Ord. 934 § 1(A) (Exh. A), 2021; Ord. 907 § 1 (Exhs. B, C), 2020; Ord. 882 § 1 (Exh. D), 2020; Ord. 857 § 2(A) (Exh. A), 2019; Ord. 789 § 1 (Exh. A), 2018; Ord. 695 § 1 (Exh. A), 2014; Ord. 621 § 2, 2011; Ord. 591 § 1 (Exh. A), 2010; Ord. 581 § 1 (Exh. 1), 2010; Ord. 568 § 2, 2010; Ord. 534 § 2, 2009; Ord. 507 § 4, 2008; Ord. 406 § 1, 2006; Ord. 324 § 1, 2003; Ord. 309 § 3, 2002; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 3(c), 2000).

20.30.070 Legislative decisions.

These decisions are legislative, nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. There is no administrative appeal of legislative decisions.

Table 20.30.070 – Summary of Legislative Decisions

Decision	Review Authority, Public Hearing	Decision Making Authority (in accordance with State law)	Section	Appeal Authority
1. Amendments and Review of the Comprehensive Plan	PC(1)	City Council	20.30.340	Growth Management Hearings Board
2. Amendments to the Development Code	PC(1)	City Council	20.30.350	Growth Management Hearings Board
3. Development Agreements	PC(1)	City Council	20.30.355	King County Superior Court

(1) PC = Planning Commission

Legislative decisions include a hearing and recommendation by the Planning Commission and final action by the City Council.

The City Council shall take legislative action on the proposal in accordance with State law.

There is no administrative appeal of legislative decisions of the City Council. Amendments to the Comprehensive Plan and the Development Code and any related SEPA determination are appealable to the Growth Management Hearings Board pursuant to Chapter 36.70A RCW, Growth Management Act. Any appeal of a development agreement is appealable to King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act. (Ord. 959 § 1 (Exh. A), 2022; Ord. 706 § 1 (Exh. A), 2015; Ord. 581 § 1 (Exh. 1), 2010; Ord. 406 § 1, 2006; Ord. 339 § 5, 2003; Ord. 238 Ch. III § 3(d), 2000).

Subchapter 3.

Permit Review Procedures

20.30.080 Preapplication meeting.

A preapplication meeting is required prior to submitting an application for any Type B or Type C action and/or for an application for a project that may impact a critical area or its buffer consistent with SMC 20.80.045.

A preapplication meeting is required prior to submitting an application for any project requesting departures through the Deep Green Incentive Program to discuss why departures are necessary to achieve certification through International Living Future Institute, Built Green, US Green Building Council, Passive House Institute US, or Salmon Safe programs. A representative from the prospective certifying agency(ies) will be invited to the meeting, but their attendance is not mandatory. If the project would not otherwise require a preapplication meeting, the fee for the preapplication meeting will be waived.

Applicants for development permits under Type A actions are encouraged to participate in preapplication meetings with the City. Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process.

Preapplication meetings are required prior to the neighborhood meeting.

The Director shall specify submittal requirements for preapplication meetings, which shall include a critical areas worksheet and, if available, preliminary critical area reports. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. (Ord. 839 § 1 (Exh. A), 2019; Ord. 760 § 1 (Exh. A), 2017; Ord. 724 § 1 (Exh. A), 2015; Ord. 439 § 1, 2006; Ord. 324 § 1, 2003; Ord. 238 Ch. III § 4(a), 2000).

20.30.085 Early community input meeting.

Applicants are encouraged to develop a community and stakeholders consensus-based master development plan. Community input is required to include soliciting input from stakeholders, community members and any other interested parties with bubble diagrams, diagrammatic site plans, or conceptual site plans. The meeting notice shall be provided at a minimum to property owners located within 1,000 feet of the proposal, the neighborhood chair as identified by the Shoreline Office of Neighborhoods (note: if a proposed development is within 1,000 feet of adjacent neighborhoods, those chairs shall also be notified), and to the Department. Digital audio recording, video recording, or a court reporter transcription of this meeting or meetings is required at the time of application. The applicant shall provide an explanation of the comments of these entities to the City regarding the incorporation (or not) of these comments into the design and development of the proposal. (Ord. 695 § 1 (Exh. A), 2014; Ord. 669 § 1 (Exh. A), 2013).

20.30.090 Neighborhood meeting.

Prior to application submittal for a Type B or C action, the applicant shall conduct a neighborhood meeting to discuss the proposal.

A. The purpose of the neighborhood meeting is to:

1. Ensure that potential applicants pursue early and effective citizen participation in conjunction with their proposal, giving the project proponent the opportunity to understand and try to mitigate any real and perceived impact their proposal may have on the neighborhood;

2. Ensure that the citizens and property owners of the City have an adequate opportunity to learn about the proposal that may affect them and to work with project proponents to resolve concerns at an early stage of the application process.

B. The neighborhood meeting shall meet the following requirements:

1. Notice of the neighborhood meeting shall be provided by the applicant and shall include the date, time and location of the neighborhood meeting and a description of the project, zoning of the property, site and vicinity maps and the land use applications that would be required.

2. The notice shall be provided at a minimum to property owners located within 500 feet (1,000 feet for master development plan permits, special use permits for essential public facilities, and development in the MUR-70' zone seeking additional height pursuant to SMC 20.30.297(C)) of the proposal, the neighborhood chair as identified by the Shoreline Office of Neighborhoods (note: if a proposed development is within 500 feet of adjacent neighborhoods, those chairs shall also be notified), and to the Department.

3. The notice shall be postmarked 10 to 14 days prior to the neighborhood meeting.

4. The neighborhood meeting shall be held within the City limits of Shoreline.

5. The neighborhood meeting shall be held anytime between the hours of 5:30 p.m. and 9:30 p.m. on weekdays or anytime between the hours of 9:00 a.m. and 9:00 p.m. on weekends.

6. The neighborhood meeting agenda shall cover the following items:

a. Introduction of neighborhood meeting organizer (i.e., developer, property owner, etc.);

b. Description of proposed project;

c. Listing of permits that are anticipated for the project;

d. Description of how comments made at the neighborhood meeting are used;

e. Provide meeting attendees with the City’s contact information;

f. Provide a sign-up sheet for attendees.

C. The applicant shall provide to the City a written summary or checklist of the neighborhood meeting. The summary shall include the following:

1. A copy of the mailed notice of the neighborhood meeting with a mailing list of residents who were notified.

2. Who attended the meeting (list of persons and their addresses).

3. A summary of concerns, issues, and problems expressed during the meeting.

4. A summary of concerns, issues, and problems the applicant is unwilling or unable to address and why.

5. A summary of proposed modifications, or site plan revisions, addressing concerns expressed at the meeting.

Staff will mail the summary of the neighborhood meeting to all persons who attended the neighborhood meeting, signed in and provided a legible address. (Ord. 968 § 1 (Exh. A), 2022; Ord. 882 § 1 (Exh. D), 2020; Ord. 695 § 1 (Exh. A), 2014; Ord. 669 § 1 (Exh. A), 2013; Ord. 406 § 1, 2006; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 4(b), 2000).

20.30.100 Application.

A. Who may apply:

1. The property owner, or an agent of the owner with authorized proof of agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment.

2. Prior to purchase, acquisition, or owner authorization, a public agency operating an urban public transportation system providing transit services within the city may apply for a Type A, B, or C action, in order to develop the urban public transportation system, including any light rail transit facility or system, bus rapid transit facility or system, or any portion of such facility or system, for property that the governing body of the public agency has passed a resolution or motion authorizing acquisition or use. Permits or approvals shall not be issued until all of the necessary property interests, such as fee simple or easement, are secured and/or access to the property for such work has been otherwise approved by the owner of the property.

3. Nothing in this subsection shall prohibit the regional transit authority and City from entering into an agreement to the extent permitted by the Code or other applicable law.

4. The City Council or the Director may apply for a project-specific or site-specific rezone or for an area-wide rezone.

5. Any person may propose an amendment to the Comprehensive Plan. The amendment(s) shall be considered by the City during the annual review of the Comprehensive Plan.

6. Any person may request that the City Council, Planning Commission, or Director initiate amendments to the text of the Development Code.

7. Application(s) for any Type A, B, or C permits shall not be accepted and/or issued for any lot, tract, or parcel of land following the issuance of a notice and order to correct regarding activity occurring on that lot, tract or parcel of land, unless the identified violations are corrected or required to be corrected as a condition of approval and all fees or penalties satisfied prior to application except when the permit is required to obtain compliance or where an enforceable compliance plan to resolve the violation(s) has been entered into by the City.

B. All applications for permits or actions within the City shall be submitted on official forms prescribed and provided by the Department.

At a minimum, each application shall include:

1. An application form with the authorized signature of the applicant.

2. The appropriate application fee based on the official fee schedule (Chapter 3.01 SMC).

3. The Director may waive City imposed development fees for the construction of new or the remodel of existing affordable housing that complies with SMC 20.40.230 or 20.40.235 based on the percentage of units affordable to residents whose annual income will not exceed 60 percent of the King County Area Median Income. For example, if 20 percent of the units are affordable to residents with incomes 60 percent or less of the King County Area Median Income, then the applicable fees could also be reduced by 20 percent.

C. The Director shall specify submittal requirements, including type, detail, and number of copies for an application to be complete. The permit application forms, copies of all current regulations, and submittal requirements that apply to the subject application shall be available from the Department.

D. Expiration. Absent statute or ordinance provisions to the contrary, any application for which a determination of completeness has been issued and for which no substantial steps have been taken to meet permit approval requirements for a period of 180 days after issuance of the determination of completeness will expire and become null and void. The Director may grant a 180-day extension on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant. (Ord. 930 § 1 (Exh. A-1), 2021; Ord. 907 § 1 (Exh. C), 2020; Ord. 741 § 1 (Exh. A), 2016; Ord. 731 § 1 (Exh. A), 2015; Ord. 406 § 1, 2006; Ord. 238 Ch. III § 4(c), 2000).

20.30.110 Determination of completeness and requests for additional information.

A. An application shall be determined complete when:

1. It meets the procedural requirements of the City of Shoreline;

2. All information required in specified submittal requirements for the application has been provided, and is sufficient for processing the application, even though additional information may be required. The City may, at its discretion and at the applicant’s expense, retain a qualified professional to review and confirm the applicant’s reports, studies and plans.

B. Within 28 days of receiving a permit application for Type A, B and/or C applications, the City shall mail a written determination to the applicant stating whether the application is complete or incomplete and specifying what is necessary to make the application complete. If the Department fails to provide a determination of completeness, the application shall be deemed complete on the twenty-ninth day after submittal.

C. If the applicant fails to provide the required information within 90 days of the date of the written notice that the application is incomplete, or a request for additional information is made, the application shall be deemed null and void. In this case the applicant may request a refund of the application fee minus the City’s cost of processing. The Director may grant 90-day extensions if the applicant requests the extension in writing prior to the expiration date and documents that the failure to take a substantial step was due to circumstances beyond the control of the applicant.

D. The determination of completeness shall not preclude the City from requesting additional information or studies if new information is required or substantial changes are made to the proposed action. (Ord. 907 § 1 (Exh. C), 2020; Ord. 731 § 1 (Exh. A), 2015; Ord. 406 § 1, 2006; Ord. 324 § 1, 2003; Ord. 238 Ch. III § 4(d), 2000).

20.30.120 Public notices of application.

A. Within 14 days of the determination of completeness, the City shall issue a notice of complete application for all Type B and C applications.

B. The notice of complete application shall include the following information:

1. The dates of application, determination of completeness, and the date of the notice of application;

2. The name of the applicant;

3. The location and description of the project;

4. The requested actions and/or required studies;

5. The date, time, and place of an open record hearing, if one has been scheduled;

6. Identification of environmental documents, if any;

7. A statement of the public comment period (if any), not less than 14 days nor more than 30 days; and a statement of the rights of individuals to comment on the application, receive notice and participate in any hearings, request a copy of the decision (once made) and any appeal rights. The public comment period shall be 30 days for a shoreline substantial development permit, shoreline variance, or a shoreline conditional use permit;

8. The City staff Project Manager and phone number;

9. Identification of the development regulations used in determining consistency of the project with the City’s Comprehensive Plan; and

10. Any other information that the City determines to be appropriate.

C. The notice of complete application shall be made available to the public by the Department, through any or all of the following methods (as specified in Tables 20.30.050 and 20.30.060):

1. Mail. Mailing to owners of real property located within 500 feet of the subject property. Notice of application for SCTF, essential public facilities special use permits, master development plan permits, or development in the MUR-70' zone seeking additional height pursuant to SMC 20.30.297(C) shall be mailed to residents and property owners within 1,000 feet of the proposed site;

2. Post Site. Posting the property (for site-specific proposals). For SCTF or essential public facilities special use permits, and master development plan permits, enlarged notice of application signs (a minimum of four feet by four feet) as approved by the City of Shoreline shall be posted on all sides of the parcel(s) that front on a street. The Director may require additional signage on large or unusually shaped parcels;

3. Newspaper. The Department shall publish a notice of the application in the newspaper of general circulation for the general area in which the proposal is located. This notice shall include the project location and description, the type of permit(s) required, comment period dates, and the location where the complete application may be reviewed.

D. The Department must receive all comments received on the notice of application by 5:00 p.m. on the last day of the comment period. (Ord. 968 § 1 (Exh. A), 2022; Ord. 882 § 1 (Exh. D), 2020; Ord. 695 § 1 (Exh. A), 2014; Ord. 591 § 1 (Exh. A), 2010; Ord. 238 Ch. III § 4(e), 2000).

20.30.130 Optional consolidated permit process.

An applicant may elect to submit a consolidated project permit application. Such request shall be presented by the applicant in writing and simultaneously with submittal of all applications to be consolidated. The Director shall determine the appropriate procedures for consolidated review and actions. If the application for consolidated permit process requires action from more than one hearing body, the decision authority in the consolidated permit review process shall be the decision making authority with the broadest discretionary powers. (Ord. 238 Ch. III § 4(f), 2000).

20.30.140 Permit processing time limits.

A. Decisions under Type A, B or C actions shall be made within 120 days from the date of a determination that the application is complete. Exceptions to this 120-day time limit are:

1. Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the City determines the revised application to be complete.

2. The time required to prepare and issue a draft and final Environmental Impact Statement (EIS) in accordance with the State Environmental Policy Act.

3. Any period for administrative appeals of project permits.

4. An extension of time mutually agreed upon in writing by the Department and the applicant.

5. Amendments to the Comprehensive Plan or Code.

B. The time limits set for Type A, B, and C actions do not include:

1. Any period of time during which the applicant has been requested by the Department to correct plans, perform studies or provide additional information. This period of time shall be calculated from the date the Department notifies the applicant of the need for additional information, until the date the Department determines that the additional information satisfies the request for such information or 14 days after the date the information has been provided to the Department, whichever is earlier.

2. If the Department determines that the additional information submitted to the Department by the applicant under subsection (B)(1) of this section is insufficient, the Department shall notify the applicant of the deficiencies, and the procedures provided in subsection (B)(1) of this section shall apply as if a new request for studies has been made.

C. If the Department is unable to issue its final decision on a project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limit has not been met and an estimated date for issuance of the notice of decision. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 4(g), 2000).

20.30.150 Public notice of decision.

For Type B and C actions, the Director shall issue and mail a notice of decision to the parties of record and to any person who, prior to the rendering of the decision, requested notice of the decision. The notice of decision may be a copy of the final report, and must include the threshold determination, if the project was not categorically exempt from SEPA. The notice of decision will be posted and published in the newspaper of general circulation for the general area in which the proposal is located. (Ord. 581 § 1 (Exh. 1), 2010; Ord. 406 § 1, 2006; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 4(h), 2000).

20.30.160 Expiration of vested status of land use permits and approvals.

Except for subdivisions, master development plans and special use permits for public agency uses or where a different duration of approval is indicated in this Code, vested status of an approved land

use permit under Type A, B, and C actions shall expire two years from the date of the City’s final decision, unless a complete building permit application is filed before the end of the two-year term. In the event of an administrative or judicial appeal, the two-year term shall not expire. Continuance of the two-year period may be reinstated upon resolution of the appeal.

If a complete building permit application is filed before the end of the two-year term, the vested status of the permit shall be automatically extended for the time period during which the building permit application is pending prior to issuance; provided, that if the building permit application expires or is canceled, the vested status of the permit or approval under Type A, B, and C actions shall also expire or be canceled. If a building permit is issued and subsequently renewed, the vested status of the subject permit or approval under Type A, B, and C actions shall be automatically extended for the period of the renewal. (Ord. 767 § 1 (Exh. A), 2017; Ord. 581 § 1 (Exh. 1), 2010; Ord. 406 § 1, 2006; Ord. 238 Ch. III § 4(i), 2000).

20.30.165 Permit expiration timelines for clearing and grading and site development permits.

A. Purpose. A clearing and grading permit may be issued approving land clearing and site grading activities in conjunction with the development of a site. The expiration limitations of this permit are as follows:

1. Clearing and Grading Permit – Permit Expiration. Clearing and grading permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced.

2. Clearing and Grading Permit – Permit Extension. The Director is authorized to grant, in writing, one or more extensions of time for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

B. Purpose. A site development permit may be issued approving engineering plans for infrastructure and grading improvements required in conjunction with the development of a site. The expiration limitations of this permit are as follows:

1. Site Development Permit – Permit Expiration. Site development permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Site development permits associated with subdivision applications shall expire when the preliminary subdivision approval has expired as set forth by RCW 58.17.140.

2. Site Development Permit – Permit Extension. The Director is authorized to grant, in writing, one or more extensions of time for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Extensions may be granted for those permits issued in conjunction with a preliminary subdivision approval that has been extended as provided in RCW 58.17.140. (Ord. 406 § 1, 2006).

Subchapter 4.

General Provisions for Land Use Hearings and Appeals

20.30.170 Limitations on the number of hearings.

No more than one open record hearing shall be heard on any land use application. (Ord. 959 § 1 (Exh. A), 2022; Ord. 238 Ch. III § 5(a), 2000).

20.30.180 Public notice of public hearing.

Notice of the time and place of an open record hearing shall be made available to the public by the Department no less than 15 days prior to the hearing, through use of these methods:

•

Mail. Mailing to owners of real property located within 500 feet (1,000 feet for master development plan permits and SCTF or essential public facilities special use permits) of the subject property;

•

Newspaper. The Department shall publish a notice of the open record public hearing in the newspaper of general circulation for the general area in which the proposal is located;

•

Post Site. Posting the property (for site-specific proposals). (Ord. 882 § 1 (Exh. D), 2020; Ord. 669 § 1 (Exh. A), 2013; Ord. 591 § 1 (Exh. A), 2010; Ord. 581 § 1 (Exh. 1), 2010; Ord. 317 § 1, 2003; Ord. 238 Ch. III § 5(b), 2000).

20.30.190 Effective date of decision.

Unless an administrative appeal is timely filed, a land use decision of the City shall be effective on the date the written decision is issued. (Ord. 238 Ch. III § 5(c), 2000).

20.30.200 General description of appeals.

A. Type A decisions may be appealed to the King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.

B. Type B decisions, except for shoreline permits, may be appealed to the Hearing Examiner pursuant to Chapter 20.30 SMC, Subchapter 4, Land Use Hearings and Appeals. Shoreline substantial development, variance, and conditional use permits may be appealed to the Shoreline Hearings Board pursuant to Chapter 90.58 RCW, Shoreline Management Act.

C. Type C decisions may be appealed to the King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.

D. Type L decisions, except for development agreements, may be appealed to the Growth Management Hearings Board pursuant to Chapter 36.70A RCW, Growth Management Act. Development agreements may be appealed to the King County Superior Court pursuant to Chapter 36.70C RCW, Land Use Petition Act.

Decision Type	Appeal Authority
Type A	King County Superior Court – Chapter 36.70C RCW
Type B (nonshoreline)	Hearing Examiner – Chapter 20.30 SMC, Subchapter 4 (1)
Type B (shoreline)	Shoreline Hearings Board – Chapter 90.58 RCW
Type C	King County Superior Court – Chapter 36.70C RCW
Type L (Comprehensive Plan and development regulations)	Growth Management Hearings Board – Chapter 36.70A RCW
Type L (development agreements)	King County Superior Court – Chapter 36.70C RCW

(1) Final decisions of an appeal on a Type B decision to the Hearing Examiner may be appealed as provided in Chapter 20.30 SMC, Subchapter 4.

(Ord. 959 § 1 (Exh. A), 2022; Ord. 581 § 1 (Exh. 1), 2010; Ord. 238 Ch. III § 5(d), 2000).

20.30.210 Grounds for administrative appeal.

Any administrative appeal shall be linked to the criteria of the underlying land use decision. The grounds for filing an appeal shall be limited to the following:

A. The Director exceeded their jurisdiction or authority;

B. The Director failed to follow applicable procedures in reaching the decision;

C. The Director committed an error of law; or

D. The findings, conclusions or decision prepared by the Director or review authority are not supported by substantial evidence. (Ord. 238 Ch. III § 5(e), 2000).

20.30.220 Commencing an administrative appeal.

A. Any aggrieved person may appeal a decision to the Hearing Examiner. Only Type B decisions may be appealed.

B. Appeals, and the appeal fee set forth in the fee schedule adopted pursuant to Chapter 3.01 SMC, must be received by the City Clerk no later than 5:00 p.m. local time on the fourteenth calendar day following the date of the notice of the Director’s decision.

C. Appeals shall be in writing and comply with the form and content requirements of the rules of procedure adopted by the Hearing Examiner pursuant to SMC 2.15.070. The written appeal statement shall contain a concise statement demonstrating the person is adversely affected by the decision; identifying each alleged error of fact, law, or procedure and the manner in which the decision fails to satisfy the applicable decision criteria; and the specific relief requested. (Ord. 959 § 1 (Exh. A), 2022; Ord. 469 § 1, 2007; Ord. 238 Ch. III § 5(f), 2000).

20.30.230 Administrative appeal process.

A. All administrative appeals are conducted pursuant to rules of procedure adopted by the Hearing Examiner pursuant to SMC 2.15.070.

B. No more than one open record hearing shall be heard on any permit decision.

C. An appeal shall be heard and decided within 90 days from the date the appeal is filed. The parties may agree in writing to extend this time. Any extension of time must be submitted to the Hearing Examiner for approval.

D. Timely filing of an appeal shall stay the effective date of the Director’s decision until the appeal is ruled upon by the Hearing Examiner or withdrawn by the appellant. A subsequent appeal of the Hearing Examiner’s decision to the King County Superior Court shall not stay the effectiveness of the Director’s decision unless the Court issues an order staying the decision.

E. The hearing shall be limited to the issues set forth in the written appeal statement. Participation in the appeal shall be limited to the appellant, City, including all staff, and the applicant for the proposal subject to appeal, if not the appellant. (Ord. 959 § 1 (Exh. A), 2022; Ord. 238 Ch. III § 5(g), 2000).

20.30.240 Judicial review.

No person may seek judicial review of any decision of the City, unless that person first exhausts the administrative remedies provided by the City. (Ord. 238 Ch. III § 5(h), 2000).

20.30.250 Judicial appeals.

Any judicial appeal shall be filed in accordance with State law. If there is not a statutory time limit for filing a judicial appeal, the appeal shall be filed within 21 calendar days after a final decision is issued by the City. (Ord. 238 Ch. III § 5(i), 2000).

20.30.260 Conflicts.

In the event of any conflict between any provision of this Chapter and any other City ordinance, the provisions of this chapter shall control. specifically, but without limitation, this means that the provisions of this chapter shall control with reference to authority to make decisions and the timeframe for making those decisions, including the requirements to file an appeal. (Ord. 238 Ch. III § 5(j), 2000).

20.30.270 Dismissals.

The appeal authority may dismiss an appeal in whole or in part without a hearing, if the appeal authority determines that the appeal or application is untimely, frivolous, beyond the scope of the appeal authority’s jurisdiction, brought merely to secure a delay, or that the appellant lacks standing. (Ord. 238 Ch. III § 5(k), 2000).

Subchapter 5.

Nonconforming Uses, Lots, and Structures

20.30.280 Nonconformance.

A. Any use, structure, lot or other site improvement (e.g., landscaping or signage), which was legally established prior to the effective date of a land use regulation that rendered it nonconforming, shall be considered nonconforming if:

1. The use is now prohibited or cannot meet use limitations applicable to the zone in which it is located; or

2. The use or structure does not comply with the development standards or other requirements of this Code;

3. A change in the required permit review process shall not create a nonconformance.

B. Abatement of Illegal Use, Structure or Development. Any use, structure, lot or other site improvement not established in compliance with use, lot size, building, and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal.

C. Continuation and Maintenance of Nonconformance. A nonconformance may be continued or physically maintained as provided by this Code.

1. Any nonconformance that is brought into conformance for any period of time shall forfeit status as a nonconformance.

2. Discontinuation of Nonconforming Use. A nonconforming use shall not be resumed when abandonment or discontinuance extends for 12 consecutive months.

3. Repair or Reconstruction of Nonconforming Structure. Any structure nonconforming as to height or setback standards may be repaired or reconstructed; provided, that:

a. The extent of the previously existing nonconformance is not increased;

b. The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage or destruction; and

c. The provisions of Chapter 13.12 SMC, Floodplain Management, are met when applicable.

4. Modifications to Nonconforming Structures. Modifications to a nonconforming structure may be permitted; provided, the modification does not increase the area, height or degree of an existing nonconformity. Modification of structures that are nonconforming with regards to critical areas may only be permitted consistent with SMC 20.80.040.

D. Expansion of Nonconforming Use. A nonconforming use may be expanded subject to approval of a conditional use permit unless the indexed supplemental criteria (SMC 20.40.200) require a special use permit for expansion of the use under the Code. A nonconformance with the development standards shall not be created or increased and the total expansion shall not exceed 10 percent of the use area. Single-family additions shall be limited to 50 percent of the use area or 1,000 square feet, whichever is lesser (up to R-6 development standards), and shall not require a conditional use permit in the MUR-45' and MUR-70' zones.

E. Nonconforming Lots. Any permitted use may be established on an undersized lot, which cannot satisfy the lot size or width requirements of this Code; provided, that:

1. All other applicable standards of the Code are met; or a variance has been granted;

2. The lot was legally created and satisfied the lot size and width requirements applicable at the time of creation;

3. The lot cannot be combined with contiguous undeveloped lots to create a lot of required size;

4. No unsafe condition is created by permitting development on the nonconforming lot; and

5. The lot was not created as a “special tract” to protect critical area, provide open space, or as a public or private access tract.

F. Nonconformance Created by Government Action.

1. Where a lot, tract, or parcel is occupied by a lawful use or structure, and where the acquisition of right-of-way, by eminent domain, dedication or purchase, by the City or a County, State, or Federal agency creates noncompliance of the use or structure regarding any requirement of this Code, such use or structure shall be deemed lawful and subject to regulation as a nonconforming use or structure under this section.

2. Existing signs that are nonconforming may be relocated on the same parcel if displaced by government action, provided setback standards are met to the extent feasible. If an existing conforming or nonconforming sign would have setbacks reduced below applicable standards as a result of government action, the sign may be relocated on the same parcel to reduce the setback nonconformity to the extent feasible. To be consistent with SMC 20.50.590(A), the signs shall not be altered in size, shape, or height.

3. A nonconforming lot created under this subsection shall qualify as a building site pursuant to RCW 58.17.210, provided the lot cannot be combined with a contiguous lot(s) to create a conforming parcel.

G. Change of Use – Single Tenant. If any applicant proposes a change of use on a lot used or occupied by a single tenant or use, the applicant shall meet those Code provisions determined by the Director to be reasonably related and applicable to the change in use. These provisions shall apply to the entire lot. If the development is nonconforming due to the number of parking spaces provided for the existing use, any change in use, which requires more parking than the previous use, shall provide additional parking consistent with current Code parking requirements.

H. Change of Use – Multi-Tenant. If any applicant proposes a change of use on a portion of a lot occupied by multiple tenants or uses, the applicant shall meet those Code provisions determined by the Director to be reasonably related and applicable to the change in use. These provisions shall apply only to that geographic portion of the lot related to the use or tenant space on which the change is proposed. If the multi-tenant lot is nonconforming due to the number of parking spaces provided for the existing uses, any change in use, which requires more parking than the previous use, shall provide additional parking consistent with current Code parking requirements. (Ord. 767 § 1 (Exh. A), 2017; Ord. 731 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 706 § 1 (Exh. A), 2015; Ord. 669 § 1 (Exh. A), 2013; Ord. 515 § 1, 2008; Ord. 352 § 1, 2004; Ord. 238 Ch. III § 6, 2000).

Subchapter 6.

Review and/or Decision Criteria

20.30.290 Deviation from the engineering standards (Type A action).

A. Purpose. Deviation from the engineering standards is a mechanism to allow the City to grant an adjustment in the application of engineering standards where there are unique circumstances relating to the proposal.

B. Decision Criteria. The Director of Public Works may grant an engineering standards deviation only if the applicant demonstrates all of the following:

1. The granting of such deviation will not be materially detrimental to the public welfare or injurious or create adverse impacts to the property or other property(s) and improvements in the vicinity and in the zone in which the subject property is situated;

2. The authorization of such deviation will not adversely affect the implementation of the Comprehensive Plan adopted in accordance with State law;

3. The deviation is not in conflict with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, or Shoreline Master Program, SMC Title 20, Division II;

4. A deviation from engineering standards may only be granted if the proposal meets the following criteria:

a. Conform to the intent and purpose of the Code;

b. Produce a compensating or comparable result which is in the public interest; and

c. Meet the objectives of safety, function and maintainability based upon sound engineering judgment;

5. Deviations from road standards must meet the objectives for fire protection. Any deviation from road standards, which does not meet the International Fire Code, shall also require concurrence by the Fire Marshal;

6. Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must meet the objectives for appearance and environmental protection;

7. Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must be shown to be justified and required for the use and situation intended;

8. Deviations from drainage standards for facilities that request use of emerging technologies, an experimental water quality facility or flow control facilities must meet these additional criteria:

a. The new design is likely to meet the identified target pollutant removal goal or flow control performance based on limited data and theoretical consideration;

b. Construction of the facility can, in practice, be successfully carried out; and

c. Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner;

9. Deviations from utility standards may only be granted if following facts and conditions exist:

a. The deviation shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located;

b. The deviation is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and

c. The granting of such deviation is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. (Ord. 907 § 1 (Exh. C), 2020; Ord. 767 § 1 (Exh. A), 2017; Ord. 724 § 1 (Exh. A), 2015; Ord. 531 § 1 (Exh. 1), 2009; Ord. 406 § 1, 2006; Ord. 238 Ch. III § 7(a), 2000).

20.30.295 Temporary use.

A. A temporary use permit is a mechanism by which the City may permit a use to locate within the City (on private property or on the public rights-of-way) on an interim basis, without requiring full compliance with the Development Code standards or by which the City may permit seasonal or transient uses not otherwise permitted.

B. The Director may approve or modify and approve an application for a temporary use permit if:

1. The temporary use will not be materially detrimental to public health, safety, or welfare, nor injurious to property and improvements in the immediate vicinity of the subject temporary use;

2. The temporary use is not incompatible in intensity and appearance with existing land uses in the immediate vicinity of the temporary use;

3. Adequate parking is provided for the temporary use and, if applicable, the temporary use does not create a parking shortage for the existing uses on the site;

4. Hours of operation of the temporary use are specified;

5. The temporary use will not create noise, light, or glare which would adversely impact surrounding uses and properties; and

6. The temporary use is not in conflict with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and is located outside the shoreline jurisdiction regulated by the Shoreline Master Program, SMC Title 20, Division II.

C. Except for transitional encampments and emergency temporary shelters a temporary use permit is valid for up to 60 calendar days from the effective date of the permit, except that the Director may establish a shorter time frame or extend a temporary use permit for up to one year.

D. Additional Criteria for Transitional Encampment and Emergency Temporary Shelters.

1. The site must be owned or leased by either a host or managing agency.

2. The application fee for a temporary use permit (TUP) for a transitional encampment or emergency temporary shelter is waived.

3. Prior to application submittal, the applicant is required to hold a neighborhood meeting and provide a written summary as set forth in SMC 20.30.045 and 20.30.090.

4. For transitional encampments, the applicant shall utilize only government-issued identification such as a State or tribal issued identification card, driver’s license, military identification card, or passport from prospective encampment residents to develop a list for the purpose of obtaining sex offender and warrant checks. The applicant shall submit the identification list to the King County Sheriff’s Office Communications Center. No identification is required for people to utilize an emergency temporary shelter.

5. The applicant shall have a code of conduct that articulates the rules and regulations of the encampment or shelter. These rules shall include, at a minimum, prohibitions against alcohol and/or drug use and violence. Transitional encampments must also include provisions that, at minimum, prohibit sex offenders. For transitional encampments, the applicant shall keep a cumulative list of all residents who stay overnight in the encampment, including names and dates. The list shall be kept on site for the duration of the encampment. The applicant shall provide an affidavit of assurance with the permit submittal package that this procedure will be met and will continue to be updated during the duration of the encampment.

6. The maximum number of residents at a transitional encampment site shall be determined taking into consideration site conditions, but shall in no case be greater than 100 residents at any one time. Any proposed site shall meet the site requirements in subsection (D)(7) of this section and be of sufficient size to support the activities of the transitional encampment without overcrowding of residents.

7. Site Requirements for Transitional Encampments.

a. The minimum useable site area for a transitional encampment shall be: 7,500 square feet for the first 50 residents, plus 150 square feet for each additional resident, up to the maximum allowable of 100 residents. The useable site area may be a combination of contiguous parcels in the same ownership of the host or managing agency.

b. Tents and supporting facilities within an encampment must meet 10-foot setbacks from neighboring property lines, not including right-of-way lines or properties under the same ownership as the host agency. Setback from rights-of-way must be a minimum of five feet. Additional setback from rights-of-way may be imposed based on the City’s Traffic Engineer’s analysis of what is required for safety. Setbacks to neighboring property lines may be reduced by the Director to a minimum of five feet if it can be determined that the reduction will result in no adverse impact on the neighboring properties, taking into account site conditions that extend along the entire encampment area, including but not limited to:

i. Topography changes from adjoining property;

ii. Visually solid, minimum six-foot height, intervening structures;

iii. Distance from nearest structure on neighboring property;

iv. Vegetation that creates a visual screen.

c. The transitional encampment shall be screened. The screening shall meet setbacks except screening or structures that act as screening that are already in existence. The color of the screening shall not be black.

d. A fire permit is required for all tents over 400 square feet. Fire permit fees are waived.

e. All tents must be made of fire resistant materials and labeled as such.

f. Provide adequate number of 2A-10BC rated fire extinguishers so that they are not more than 75 feet travel distance from any portion of the complex. Recommend additional extinguishers in cooking area and approved smoking area.

g. Smoking in designated areas only; these areas must be a minimum of 25 feet from any neighboring residential property. Provide ashtrays in areas approved for smoking.

h. Emergency vehicle access to the site must be maintained at all times.

i. Members of the transitional encampment shall monitor entry points at all times. A working telephone shall be available to ensure the safety and security of the transitional encampment at all times.

j. Provide adequate sanitary facilities.

8. Emergency temporary shelters may be located within an existing building subject to applicable building and fire codes and must obtain a fire operational permit prior to occupancy.

9. For emergency temporary shelters, the applicant shall provide a list of conditions that warrant opening the shelter.

10. Transitional encampments and emergency temporary shelters shall permit inspections by City, King County Health Department, and Fire Department inspectors at reasonable times during the permit period without prior notice to ensure compliance with the conditions of the permit.

11. Transitional encampments and emergency temporary shelters shall allow for an inspection by the Shoreline Fire Department during the initial week of the encampment’s occupancy.

12. Transitional encampments and emergency temporary shelters may be allowed to stay under the temporary use permit for up to 90 days. A TUP extension may be granted for a total of 180 days on sites where hosts or agencies in good standing have shown to be compliant with all regulations and requirements of the TUP process, with no record of rules violations. The extension request must be made to the City but does not require an additional neighborhood meeting or additional application materials or fees.

13. Host or managing agencies may not host a transitional encampment or temporary emergency shelter on the same site within 180 days of the expiration date of the TUP for a transitional encampment or temporary emergency shelter.

14. At expiration of the permit, the host or managing agency shall restore the property to the same or similar condition as at permit issuance. (Ord. 907 § 1 (Exh. C), 2020; Ord. 762 § 1 (Exh. A), 2017; Ord. 724 § 1 (Exh. A), 2015; Ord. 425 § 1, 2006).

20.30.297 Administrative Design Review (Type A).

A. Administrative design review approval of departures from the design standards in SMC 20.40.465(D), and 20.50.160 through 20.50.190, 20.50.220 through 20.50.250, 20.50.450 through 20.50.510, 20.50.530 through 20.50.620, and 20.50.720 through 20.50.750 shall be granted by the Director upon their finding that the departure is:

1. Consistent with the purposes or intent of the applicable subsections; or

2. Justified due to unusual site constraints so that meeting the design standards represents a hardship to achieving full development potential.

B. Projects applying for the Deep Green Incentive Program by certifying through the Living Building or Community Challenge, Petal Recognition, Emerald Star, LEED-Platinum, 5-Star, 4-Star, PHIUS+, PHIUS+ Source Zero/Salmon Safe, or Zero Energy/Salmon Safe programs may receive departures from development standards under Chapters 20.40, 20.50, 20.60, and/or 20.70 SMC upon the Director’s finding that the departures meet subsections (A)(1) and/or (2) of this section, and as further described under SMC 20.50.630. Submittal documents shall include proof of enrollment in the programs listed above.

C. Developments in the MUR-70' zone exceeding the base height and which are not utilizing the significant tree retention height incentive in Table 20.50.020(2), footnote 12, or the height incentive within the Deep Green Incentive Program in SMC 20.50.630, shall be subject to administrative design review approval. The Director shall grant approval of developments up to 140 feet in height upon their finding that the development:

1. Is consistent with the goals and policies of the Comprehensive Plan; and

2. Will be supported by adequate infrastructure, facilities, and public services to serve the development; and

3. Conducts a neighborhood meeting, in accordance with SMC 20.30.090, and the additional requirements below, prior to application.

a. Notice signs for the neighborhood meeting shall be designed and purchased by the developer and, at a minimum, be four feet by four feet in dimension. The signs shall be posted on all sides of the parcel(s) that front on a street. The signs must be posted at a minimum 14 days prior to the neighborhood meeting and remain on site a minimum of 14 days following the neighborhood meeting. The signs must include the date, time and location of the in-person neighborhood meeting and a description of the project, zoning of the property, a basic 8a-4 Page 5 site plan, and contact information for the developer for questions or more information.

b. The developer shall host an online open house/website in addition to the in-person neighborhood meeting where people can read a description of the project, see plans and elevations of the project, and submit comments. The online open house/website must be viewable to the public a minimum 14 days prior to the in-person neighborhood meeting and 14 days after the in-person neighborhood meeting.

c. The neighborhood meeting summary from the in-person neighborhood meeting and online open house/website shall be posted on the City’s website. (Ord. 1000 § 1 (Exh. A), 2023; Ord. 984 § 1 (Exh. A), 2023; Ord. 968 § 1 (Exh. A), 2022; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 839 § 1 (Exh. A), 2019; Ord. 760 § 1 (Exh. A), 2017; Ord. 654 § 1 (Exh. 1), 2013; Ord. 609 § 6, 2011).

20.30.300 Conditional use permit – CUP (Type B action).

A. Purpose. The purpose of a conditional use permit is to locate a permitted use on a particular property, subject to conditions placed on the permitted use to ensure compatibility with nearby land uses.

B. Threshold. The purpose of this section is to determine when a conditional use permit is required. A conditional use permit is required if either of the following occurs:

1. The use area is expanded by 20 percent or more of the current use area (measured in square feet). For example, the use area is currently 2,000 square feet and a 400-square-foot addition that expands the use area is proposed, so a conditional use permit is required.

2. The parking area (measured in the number of parking spaces) is expanded by 20 percent or more of the current parking area (measured in the number of parking spaces). For example, 20 parking spaces are currently associated with the use and four additional parking spaces for the use are proposed, so a conditional use permit is required.

Thresholds are cumulative for any given parcel. This shall include all structures on other parcels if the use area and/or parking area under permit review extends into other parcels.

C. Decision Criteria (Applies to All Conditional Uses). A conditional use permit may be granted by the City, only if the applicant demonstrates that:

1. The conditional use is compatible with the Comprehensive Plan and designed in a manner which is compatible with the character and appearance with the existing or proposed development in the vicinity of the subject property;

2. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

3. The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;

4. Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;

5. The conditional use is not in conflict with the health and safety of the community;

6. The proposed location shall not result in either the detrimental over-concentration of a particular use within the City or within the immediate area of the proposed use, unless the proposed use is deemed a public necessity;

7. The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

8. The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities.

D. Decision Criteria (Fleet Base, Minor). In addition to the criteria in subsection C of this section, a conditional use permit for a minor fleet base may be granted by the City only if the applicant demonstrates the following standards are met:

1. In the community business (CB) zone, the site has frontage on a State highway.

2. In the R-4 through R-48 zones, when the site is a minimum of 10 acres in size and abuts a limited access State highway from which the site has direct vehicular access.

3. Is consistent with adopted planning documents, which may include, but are not limited to, Community Renewal Area plans and zoning district overlays.

4. Measures needed to mitigate identified impacts on the built and natural environment, which may include, but are not limited to, those that mitigate impacts on safe walking routes to schools, intensity, hazardous or toxic chemicals or conditions, noise, odor, light glare, circulation, and/or visual impacts, including use of landscaping and other screening, or other measures to ensure the impact is eliminated or reduced on the surrounding area.

5. The site has sufficient vehicular access for fleet vehicles to and from a designated arterial improved to City standards.

E. Suspension or Revocation of Permit.

1. The Director may suspend or revoke any conditional use permit whenever:

a. The permit holder has failed to substantially comply with any terms or conditions of the permit’s approval;

b. The permit holder has committed a violation of any applicable state or local law in the course of performing activities subject to the permit;

c. The use for which the permit was granted is being exercised as to be detrimental to the public health, safety, or general welfare, or so as to constitute a public nuisance;

d. The permit was issued in error or on the basis of materially incorrect information supplied to the City; or

e. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled.

2. The Director shall issue a notice and order in the same manner as provided in SMC 20.30.760.

a. The notice and order shall clearly set forth the date that the conditional use permit shall be suspended or revoked.

b. The permit holder may appeal the notice and order to the Hearing Examiner as provided in SMC 20.30.790. The filing of such appeal shall stay the suspension or revocation date during the pendency of the appeal.

c. The Hearing Examiner shall issue a written decision to affirm, modify, or overrule the suspension or revocation, with or without additional conditions, such as allowing the permit holder a reasonable period to cure the violation(s).

3. Notwithstanding any other provision of this subchapter, the Director may immediately suspend operations under any permit by issuing a stop work order.

4. If a conditional use permit has been suspended or revoked, continuation of the use shall be considered an illegal occupancy and subject to every legal remedy available to the City, including civil penalties as provided for in SMC 20.30.770(D).

F. Transferability. Unless otherwise restricted by the terms and conditions at issuance of the conditional use permit, the conditional use permit shall be assigned to the applicant and to a specific parcel. A new CUP shall be required if a permit holder desires to relocate the use permitted under a CUP to a new parcel. If a CUP is determined to run with the land and the Director finds it in the public interest, the Director may require that it be recorded in the form of a covenant with the King County Recorder’s Office. Compliance with the terms and conditions of the conditional use permit is the responsibility of the current property owner, whether the applicant or a successor.

G. Expiration.

1. Any conditional use permit which is issued and not utilized within the time specified in the permit or, if no time is specified, within two years from the date of the City’s final decision shall expire and become null and void.

2. A conditional use permit shall be considered utilized for the purpose of this section upon submittal of:

a. A complete application for all building permits required in the case of a conditional use permit for a use which would require new construction;

b. An application for a certificate of occupancy and business license in the case of a conditional use permit which does not involve new construction; or

c. In the case of an outdoor use, evidence that the subject parcel has been and is being utilized in accordance with the terms and conditions of the conditional use permit.

3. If after a conditional use has been established and maintained in accordance with the terms of the conditional use permit, the conditional use is discontinued for a period of 12 consecutive months, the permit shall expire and become null and void.

H. Extension. Upon written request by a property owner or their authorized representative prior to the date of conditional use permit expiration, the Director may grant an extension of time up to but not exceeding 180 days. Such extension of time shall be based upon findings that the proposed project is in substantial conformance, as to use, size, and site layout, to the issued permit; and there has been no material change of circumstances applicable to the property since the granting of said permit which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare. (Ord. 999 § 1 (Exh. A), 2024; Ord. 959 § 1 (Exh. A), 2022; Ord. 896 § 1 (Exh. A), 2020; Ord. 238 Ch. III § 7(b), 2000).

20.30.310 Zoning variance (Type B action).

A. Purpose. A zoning variance is a mechanism by which the City may grant relief from the zoning provisions and standards of the Code, where practical difficulty renders compliance with the Code an unnecessary hardship.

B. Decision Criteria. A variance may be granted by the City, only if the applicant demonstrates all of the following:

1. The variance is necessary because of the unique size, shape, topography, or location of the subject property;

2. The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;

3. The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;

4. The need for the variance is not the result of deliberate actions of the applicant or property owner, including any past owner of the same property;

5. The variance is compatible with the Comprehensive Plan;

6. The variance does not create a health or safety hazard;

7. The granting of the variance will not be materially detrimental to the public welfare or injurious to:

a. The property or improvements in the vicinity; or

b. The zone in which the subject property is located;

8. The variance does not relieve an applicant from:

a. Any of the procedural or administrative provisions of this title; or

b. Any standard or provision that specifically states that no variance from such standard or provision is permitted; or

c. Use or building restrictions; or

d. Any provisions of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and is located outside the shoreline jurisdiction regulated by the Shoreline Master Program, SMC Title 20, Division II;

9. The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities;

10. The variance does not allow the establishment of a use that is not otherwise permitted in the zone in which the proposal is located; or

11. The variance is the minimum necessary to grant relief to the applicant. (Ord. 907 § 1 (Exh. C), 2020; Ord. 724 § 1 (Exh. A), 2015; Ord. 324 § 1, 2003; Ord. 238 Ch. III § 7(c), 2000).

20.30.315 Site development permit.

A. Purpose. The purpose of a site development permit is to provide a mechanism to review activities that propose to develop or redevelop a site, not including structures, to ensure conformance to applicable codes and standards.

B. General Requirements. A site development permit is required for the following activities or as determined by the Director of Planning and Community Development:

1. The construction of two or more detached single-family dwelling units on a single parcel;

2. Site improvements associated with short and formal subdivisions; or

3. The construction of two or more nonresidential or multifamily structures on a single parcel; or

4. Site improvements that require minimum requirement Nos. 1 to 5, as set forth in the Stormwater Manual, as modified by Division 3 of the Engineering Development Manual.

C. Review Criteria. A site development permit that complies with all applicable development regulations and requirements for construction shall be approved. (Ord. 907 § 1 (Exh. B), 2020; Ord. 695 § 1 (Exh. A), 2014; Ord. 439 § 1, 2006).

20.30.320 Rezone of property and zoning map change (Type C action).

A. Purpose. A rezone is a mechanism to make changes to a zoning classification, conditions or concomitant agreement applicable to property. Changes to the zoning classification that apply to a parcel of property are text changes and/or amendments to the official zoning map.

B. Decision Criteria. The City may approve or approve with modifications an application for a rezone of property if:

1. The rezone is consistent with the Comprehensive Plan; and

2. The rezone will not adversely affect the public health, safety or general welfare; and

3. The rezone is warranted in order to achieve consistency with the Comprehensive Plan; and

4. The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject rezone; and

5. The rezone has merit and value for the community. (Ord. 238 Ch. III § 7(d), 2000).

20.30.330 Special use permit – SUP (Type C action).

A. Purpose. The purpose of a special use permit is to allow a permit granted by the City to locate a regional land use that provides a benefit to the community and is compatible with other uses in the zone in which it is proposed. This includes essential public facilities when not specifically allowed by the zoning of the location. The special use permit may be granted subject to conditions placed on the proposed use to ensure compatibility with the surrounding area.

B. Decision Criteria (Applies to All Special Uses). A special use permit may be granted by the City only if the applicant demonstrates that:

1. The special use will provide a public benefit or satisfy a public need of the neighborhood in which it is located, district, City or region;

2. The characteristics of the special use will be compatible with the types of uses permitted in surrounding areas;

3. The special use will not materially endanger the health, safety and welfare of the community;

4. The proposed location of the special use shall not result in either the detrimental over-concentration of particular uses within the City or within the immediate area of the proposed special use, unless the proposed special use is deemed a public necessity;

5. The special use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;

6. The special use will be supported by adequate public facilities and services and will not adversely affect public facilities and services to the surrounding area or conditions can be established to mitigate adverse impacts;

7. The location, size and height of buildings, structures, walls and fences, and screening vegetation for the special use shall not hinder or discourage the development or use of neighboring properties; and

8. The special use is compatible with the Comprehensive Plan.

C. Decision Criteria (Light Rail Transit Facility/System Only). In addition to the criteria in subsection B of this section, a special use permit for a light rail transit system/facilities located anywhere in the City may be granted by the City only if the applicant demonstrates the following standards are met:

1. The proposed light rail transit system/facilities uses energy efficient and environmentally sustainable architecture and site design consistent with the City’s guiding principles for light rail system/facilities and Sound Transit’s design criteria manual used for all light rail transit facilities throughout the system and provides equitable features for all proposed light rail transit system/facilities;

2. The use will not result in, or will appropriately mitigate, adverse impacts on City infrastructure (e.g., roads, sidewalks, bike lanes) as confirmed by the performance of an access assessment report or similar assessment, to ensure that the City’s transportation system (motorized and nonmotorized) will be adequate to safely support the light rail transit system/facility development proposed. If capacity or infrastructure must be increased to meet the decision criteria set forth in this subsection C, then the applicant must identify a mitigation plan for funding or constructing its proportionate share of the improvements; and

3. The applicant demonstrates that the design of the proposed light rail transit system/facility is generally consistent with the City’s guiding principles for light rail system/facilities.

D. Decision Criteria (Essential Public Facilities Only). In addition to the criteria in subsection B of this section, a special use permit for an essential public facility (EPF) may be granted by the City only if the applicant demonstrates the following standards are met:

1. The facility meets one of the following:

a. The Growth Management Act definition of an essential public facility pursuant to RCW 36.70A.200(1), as amended; or

b. Is on the statewide list of essential public facilities maintained by the Office of Financial Management pursuant to RCW 36.70A.200(4), as amended; or

c. Is on the King County countywide list of essential public facilities.

2. The applicant has investigated and considered alternative sites and provided documentation of the site selection methodology. That methodology, which shall include public outreach, shall include an analysis of whether siting of the proposed EPF would have a disproportionate impact on any one racial, cultural, or socioeconomic group within the City.

3. The proposed EPF is consistent with the plan under which the applicant operates, if any such plan exists.

4. The proposed EPF, if to be sited on a property subject to a master development plan, is consistent with the master development plan.

5. Local police, fire and emergency responders have reviewed the EPF and have determined it can be adequately served by local emergency services.

6. The proposed EPF and its location, design, use, and operation must be in compliance with any state, county, or local guidelines, regulations, rules, or statutes governing the proposed EPF for the life of the proposed EPF.

7. To the greatest extent reasonably feasible, the proposed EPF has incorporated mitigation measures developed during a public outreach effort.

E. Decision Criteria (Fleet Base, Major; Fleet Base, Minor). In addition to the criteria in subsection B of this section, a special use permit for a major fleet base or minor fleet base may be granted by the City only if the applicant demonstrates the following standards are met:

1. In the community business (CB) zone, the site has frontage on a State highway.

2. In the R-4 through R-48 zones, when the site is a minimum of 10 acres in size and abuts a limited access State highway from which the site has direct vehicular access.

3. Is consistent with adopted planning documents, which may include, but are not limited to, Community Renewal Area plans and zoning district overlays.

5. The site has sufficient vehicular access for fleet vehicles to and from a designated arterial improved to City standards.

F. The City may impose conditions on the location, design, or operation of a special use in order to mitigate identified environmental, public safety or other impacts.

G. Vesting of Special Use Permits Requested by Public Agencies. A public agency may, at the time of application or at any time prior to submittal of the SUP application to the City Hearing Examiner, request in writing a modification in the vesting expiration provisions of SMC 20.30.160, allowing for vesting of the SUP for a period of up to five years from the date of Hearing Examiner approval or, if the SUP provides for phased development, for a period of up to 10 years from date of Hearing Examiner approval. If permitted, the expiration date for vesting shall be set forth as a condition in the SUP. (Ord. 999 § 1 (Exh. A), 2024; Ord. 882 § 1 (Exh. A), 2020; Ord. 767 § 1 (Exh. A), 2017; Ord. 741 § 1 (Exh. A), 2016; Ord. 739 § 1 (Exh. A), 2016; Ord. 724 § 1 (Exh. A), 2015; Ord. 238 Ch. III § 7(e), 2000).

20.30.333 Critical area special use permit (Type C action).

A. Purpose. The purpose of the critical areas special use permit is to allow development by a public agency or public utility when the strict application of the critical areas standards would otherwise unreasonably prohibit the provision of public services. This type of permit does not apply to flood hazard areas or within the shoreline jurisdiction.

B. Decision Criteria. A critical areas special use permit may be granted by the City only if the utility or public agency applicant demonstrates that:

1. The application of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, would unreasonably restrict the ability of the public agency or utility to provide services to the public;

2. There is no other practical alternative to the proposal by the public agency or utility which would cause less impact on the critical area;

3. The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity;

4. This special use permit process shall not allow the use of the following critical areas for regional retention/detention facilities except where the Hearing Examiner makes a finding that the facility is necessary to protect public health and safety or repair damaged natural resources:

a. Type S or Type F anadromous streams or buffers;

b. Category I wetlands or buffers with plant associations of infrequent occurrence; or

c. Category I or II wetlands or buffers which provide critical or outstanding habitat for herons, raptors or State or Federal designated endangered or threatened species unless clearly demonstrated by the applicant, using best available science, that there will be no impact on such habitat;

5. Any alterations permitted to the critical area are mitigated in accordance with SMC 20.80.082 and relevant mitigation standards for the impacted critical area(s);

6. Consistent with SMC 20.80.050, Alteration of critical areas, the proposal attempts to protect the existing critical area functions and values consistent with the best available science and attempts to mitigate adversely impacted critical area functions and values to the fullest extent possible; and

7. The proposal is consistent with other applicable regulations and standards.

C. Permit Conditions. The Director may condition the proposed activity as necessary to mitigate the impacts to critical areas and to conform to the standards required by Chapter 20.80 SMC, Critical Areas. (Ord. 907 § 1 (Exh. C), 2020; Ord. 724 § 1 (Exh. A), 2015; Ord. 641 § 4 (Exh. A), 2012; Ord. 324 § 1, 2003; Ord. 238 Ch. VIII § 1(I), 2000. Formerly 20.80.090.).

20.30.336 Critical areas reasonable use permit (CARUP) (Type C action).

A. Purpose. The purpose of the critical areas reasonable use permit is to allow development and use of private property when the strict application of the critical area regulations would otherwise deny all reasonable use of a property. This type of permit does not apply to flood hazard areas or within the shoreline jurisdiction.

B. Decision Criteria. A reasonable use permit may be granted by the City only if the applicant demonstrates that:

1. The application of the critical area regulations, Chapter 20.80 SMC, Critical Areas, would deny all reasonable use of the property; and

2. There is no other reasonable use of the property with less impact on the critical area; and

3. Any alterations to the critical area would be the minimum necessary to allow for reasonable use of the property; and

4. The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity, is consistent with the general purposes of this title and the public interest, and all reasonable mitigation measures have been implemented or assured; and

5. The inability to derive reasonable economic use is not the result of the applicant’s action unless the action (a) was approved as part of a final land use decision by the City or other agency with jurisdiction; or (b) otherwise resulted in a nonconforming use, lot or structure as defined in this title; and

6. Any alterations permitted to the critical area are mitigated in accordance with SMC 20.80.082 and relevant mitigation standards for the impacted critical area(s); and

7. Consistent with SMC 20.80.050, Alteration of critical areas, the proposal attempts to protect the existing critical area functions and values consistent with the best available science and attempts to mitigate adversely impacted critical area functions and values to the fullest extent possible; and

8. The proposal is consistent with other applicable regulations and standards; and

9. If the proposal is located in the MUR-35' zone, then reasonable use shall be based on the allowable uses and standards for the R-6 zone.

C. Development Standards. To allow for reasonable use of property and to minimize impacts on critical areas, the decision making authority may reduce setbacks by up to 50 percent, parking requirements by up to 50 percent, and may eliminate landscaping requirements. Such reductions shall be the minimum amount necessary to allow for reasonable use of the property, considering the character and scale of neighboring development.

D. Priority. When multiple critical areas and critical area buffers may be affected by the application, the decision making authority should consider exceptions to critical areas regulations that occur in the following order of priority with number 4 having the highest protection:

1. Geologic hazard area buffers;

2. Wetland buffers;

3. Fish and wildlife habitat conservation area buffers (excluding wetlands); and

4. Geological hazard areas, wetlands, and fish and wildlife habitat conservation critical areas protection standards in the order listed above in items 1 through 3. (Ord. 907 § 1 (Exh. C), 2020; Ord. 756 § 1 (Exh. A), 2016; Ord. 724 § 1 (Exh. A), 2015; Ord. 641 § 4 (Exh. A), 2012; Ord. 352 § 1, 2004; Ord. 324 § 1, 2003; Ord. 238 Ch. VIII § 1(L), 2000. Formerly 20.80.120.).

20.30.340 Amendment to the Comprehensive Plan (legislative action).

A. Purpose. Comprehensive Plan amendments is a mechanism by which the City Council may modify the text or map of the Comprehensive Plan in accordance with the provisions of the Growth Management Act, in order to respond to changing circumstances or needs of the City. The Growth Management Act (GMA), Chapter 36.70A RCW, requires that the City of Shoreline include within its development regulations a procedure for any interested person to suggest plan amendments. The suggested amendments are to be docketed for consideration. The purpose of this section is to establish such a procedure for amending the City’s Comprehensive Plan text and/or land use map.

For purpose of this section, docketing refers to compiling and maintaining a list of suggested changes to the Comprehensive Plan in a manner that will ensure such suggested changes will be considered by the City and will be available for review by the public.

B. Decision Criteria. The Planning Commission may recommend and the City Council may approve, or approve with modifications, an amendment to the Comprehensive Plan if:

1. The amendment is consistent with the Growth Management Act and not inconsistent with the Countywide Planning Policies, and the other provisions of the Comprehensive Plan and City policies; or

2. The amendment addresses changing circumstances, changing community values, incorporates a subarea plan consistent with the Comprehensive Plan vision or corrects information contained in the Comprehensive Plan; or

3. The amendment will benefit the community as a whole, will not adversely affect community facilities, the public health, safety or general welfare.

C. Amendment Procedures.

1. Concurrent Review of Annual Amendments. Except in certain, limited situations, the Growth Management Act (GMA) permits amendments to the Comprehensive Plan no more frequently than once every year. All proposed amendments shall be considered concurrently so that the cumulative effect of the various proposals can be ascertained. Proposed amendments may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all proposed amendments to the Comprehensive Plan.

2. Deadline for Submittal.

a. Citizens. Applications requesting a text or map amendment to the Comprehensive Plan from any interested person will be accepted throughout the year. The deadline for submitting such an application is 5:00 p.m. on December 1st of each year, or the next business day if December 1st falls on a Saturday or Sunday.

b. Council. The Council may submit an amendment for the docket at any time before the final docket is set.

c. At least three weeks prior to the deadline, the City will publish on its website and through a press release a call for docket applications for the current year’s docket.

d. Any citizen initiated amendment application received after the submittal deadline shall be docketed for the following year.

3. Application Requirements.

a. Proposals to amend the Comprehensive Plan shall be submitted on the form prescribed and provided by the Department. To be considered complete, an application must contain all of the required information, including supporting documentation and applicable fees.

b. If during the course of the year the Department identifies any deficiencies in the Comprehensive Plan, the “identified deficiencies” shall be docketed on the form provided for in subsection (C)(3)(a) of this section for possible future amendment. For the purposes of this section, a deficiency in the Comprehensive Plan refers to the absence of required or potentially desirable contents of the Comprehensive Plan.

4. Preliminary Docket Review.

a. The Department shall compile and maintain for public review a list of suggested amendments and identified deficiencies as received throughout the year.

b. The Director shall review all complete and timely filed applications proposing amendments to the Comprehensive Plan and place these applications on the preliminary docket along with other City-initiated amendments to the Comprehensive Plan.

c. The Planning Commission shall review the preliminary docket at a publicly noticed meeting and make a recommendation on the preliminary docket to the City Council each year.

d. The City Council shall review the preliminary docket at a public meeting and, after such a review, shall establish the final docket. The final docket shall be publicly available by posting on the City’s website and a press release.

e. Placement of an item on the final docket does not mean a proposed amendment will be approved. The purpose of the final docket is to allow for further analysis and consideration by the City.

f. Any interested person may resubmit a proposed amendment not placed on the final docket subject to the application and deadline procedures set forth in this chapter for the following year.

5. Final Docket Review.

a. The Department shall review and assess the items placed on the final docket and prepare a staff report(s) including recommendations for each proposed amendment. The Department shall be responsible for developing an environmental review of the combined impacts of all proposed amendments on the final docket, except the environmental review of amendments seeking a site-specific amendment shall be the responsibility of the applicant. The Department shall set a date for consideration of the final docket by the Planning Commission and timely transmit the staff report(s) and the Department’s recommendation prior to the scheduled date.

b. As provided in SMC 2.20.060 and 20.30.070, the Planning Commission shall review the proposed amendments contained in the final docket based on the criteria set forth in subsection B of this section and the Department’s analysis and recommendation. The Planning Commission shall hold at least one public hearing on the proposed amendments. The Planning Commission shall make a recommendation on those amendments and transmit that recommendation to the City Council.

c. Promptly after issuance of the Planning Commission’s recommendation, the Department shall set a date for consideration of the final docket by the City Council. The City Council shall concurrently review the proposed amendments consistent with the criteria set forth in subsection B of this section and taking into consideration the recommendations of the Planning Commission and the Department. The City Council may deny, approve, or modify the Planning Commission’s recommendations.

d. The Planning Commission and the City Council may hold additional public hearings, meetings, or workshops as warranted by the proposed amendments.

e. Pursuant to RCW 36.70A.106, the Department shall notify the State of the City’s intent to adopt amendments to the Comprehensive Plan at least 60 days prior to the City Council’s final adoption of the proposed amendments. Within 10 days of final adoption, the City shall transmit to the State any adopted amendment to the Comprehensive Plan. (Ord. 731 § 1 (Exh. A), 2015; Ord. 695 § 1 (Exh. A), 2014; Ord. 591 § 1 (Exh. A), 2010; Ord. 238 Ch. III § 7(f), 2000).

20.30.345 Site-specific land use map amendment to the Comprehensive Plan (quasi-judicial action).

A. Purpose. Site-specific Comprehensive Plan map amendments are a mechanism by which the City Council may modify the land use map of the Comprehensive Plan, in accordance with the provisions of the Growth Management Act, in order to implement a concurrent site-specific rezone in response to changing circumstances of needs of the City. The purpose of this section is to establish such a procedure for amending the City’s Comprehensive Plan land use map in conjunction with a rezone.

B. Decision Criteria. The Hearing Examiner may recommend, and the City Council may approve, or approve with modifications, an amendment to the Comprehensive Plan land use map if:

1. The amendment is consistent with the Growth Management Act and not inconsistent with the Countywide Planning Policies and the other provisions of the Comprehensive Plan and City policies; and

2. The amendment addresses changing circumstances and changing community values, incorporates a subarea plan consistent with the Comprehensive Plan vision or corrects information contained in the Comprehensive Plan; and

3. The amendment will benefit the community as a whole, and will not adversely affect community facilities, the public health, safety or general welfare; and

4. The amendment is warranted in order to achieve consistency with the Comprehensive Plan goals and policies; and

5. The amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and

6. The amendment has merit and value for the community.

C. Amendment Procedures.

1. A proposed site-specific Comprehensive Plan land use map amendment shall be incorporated in the City’s annual docket established and processed pursuant to SMC 20.30.340(C), including deadline for submittal, application requirements, and docket review process, except as modified in this subsection.

2. Site-Specific Land Use Map Amendment Review.

a. The Department shall provide notice of the application and docketing decision for a proposed land use map amendment as provided in SMC 20.30.060. The environmental review of an amendment seeking a site-specific land use map amendment shall be the responsibility of the applicant.

b. Once the final annual docket has been established by the City Council, an open record public hearing before the Hearing Examiner shall be held on the proposed map amendment. Notice of this hearing shall be as provided in SMC 20.30.180 and clearly state that this proposed amendment is related to a concurrent site-specific rezone. The Hearing Examiner shall make a recommendation on the amendment and transmit that recommendation to the City Council.

c. The Hearing Examiner’s recommendation shall be consolidated with the Planning Commission’s recommendations on other docketed amendments and transmitted to the City Council for concurrent review of the proposed amendment consistent with the criteria set forth in subsection B of this section and taking into consideration the recommendations of the Hearing Examiner and the Department. The City Council may deny, approve, or modify the Hearing Examiner’s recommendation.

d. The City Council may hold additional public hearings, meetings, or workshops as warranted by the proposed amendments. (Ord. 907 § 1 (Exh. C), 2020).

20.30.350 Amendment to the Development Code (legislative action).

A. Purpose. An amendment to the Development Code (and where applicable amendment of the zoning map) is a mechanism by which the City may bring its land use and development regulations into conformity with the Comprehensive Plan or respond to changing conditions or needs of the City.

B. Decision Criteria. The City Council may approve or approve with modifications a proposal for the text of the Land Use Code if:

1. The amendment is in accordance with the Comprehensive Plan; and

2. The amendment will not adversely affect the public health, safety or general welfare; and

3. The amendment is not contrary to the best interest of the citizens and property owners of the City of Shoreline. (Ord. 238 Ch. III § 7(g), 2000).

20.30.353 Master development plan.

A. Purpose. The purpose of the master development plan is to define the development of property zoned campus in order to serve its users, promote compatibility with neighboring areas and benefit the community. With the exception of those uses and standards contained in this section, all other aspects of development, redevelopment or expansion will be regulated as prescribed in this title and other applicable codes for all uses that are permitted outright or through conditional or special use processes.

B. Applicant. All property owners within the area subject to the proposed master development plan must sign the application. If a property owner has delegated signing authority to another property owner or to a representative, then written proof of this delegation must be included in the application submittal.

C. Decision Criteria. A master development plan may be granted by the City only if the applicant demonstrates that:

1. The site is zoned as campus and the uses proposed by the master development plan are consistent with the goals and policies of the Comprehensive Plan.

2. The master development plan proposal includes a general phasing timeline covering up to 20 years of development and includes associated mitigation for all phases of the plan.

3. The master development plan proposal incorporates a direct community benefit to the adjacent neighborhood which advances the vision articulated in the Comprehensive Plan. Community benefit may include active or passive open space, indoor or outdoor meeting space, neighborhood commercial uses, or employment opportunities.

4. The master development plan proposal uses environmentally sustainable site design (including low impact development stormwater systems and substantial tree retention) and demonstrates a commitment to meeting the Deep Green Tier 4 as defined in Chapter 20.20 SMC, or an equivalent green development certification to mitigate its impacts to the environment and surrounding neighborhoods. The master development plan shall consolidate development in a compact layout to make efficient use of the finite resource of undeveloped and underdeveloped land within the City.

5. The master development plan proposal demonstrates that there is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes, public transit facilities) in the transportation system (motorized and nonmotorized) to safely support the development proposed in all future phases or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed master development plan, then the master development plan identifies a plan for funding the applicant’s proportionate share of the improvements.

6. The master development plan proposal demonstrates that there is either sufficient capacity within public utility services such as water, sewer and stormwater to adequately serve the development proposed in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed master development plan, then the master development plan identifies a plan for funding the applicant’s proportionate share of the improvements.

7. The master development plan proposal contains campus-specific design concepts related to architectural features (including but not limited to building setbacks, insets, facade breaks, and roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, parking/traffic management and multimodal transportation standards that minimize conflicts and create transitions between the proposal site and adjacent neighborhoods and between institutional uses and residential uses.

8. The master development plan proposal shall demonstrate that any proposed uses will be operated in a manner that does not create a public nuisance, as defined in SMC 20.30.740, for the surrounding neighborhood or other uses on the campus. Nuisances may include odors, noise, release of hazardous chemicals, or disproportionate calls for fire or police service.

D. Amendments. Minor amendments to an approved master development plan may be approved by the Director if the amendment meets the applicable development standards and criteria set forth in this section. Minor amendments include any revision or modification of the previously approved master development plan that would result in any one or more of the following:

1. An increase in the square footage of any proposed building or structure of up to 10 percent; or

2. An increase of up to 15 percent in the number of new parking spaces, parking spaces created by restriping existing parking areas and/or a combination of both except for an increase in parking spaces for bicycles or electric vehicles; or

3. A deviation in the approved master development plan phasing timeline which does not result in increased impacts or the need for additional mitigation; or

4. Changes to building placement when located outside of the required setbacks and any required buffers for critical areas; or

5. A cumulative increase in impervious surface of up to 10 percent or a cumulative decrease in tree cover of up to 10 percent; or

6. Changes identified as minor amendments in the approved master development plan.

Major amendments are changes that exceed the thresholds for a minor amendment or were not analyzed as part of an approved master development plan. Major amendments to an approved master development plan shall be processed as a new master development plan.

E. Development Standards.

1. Density is limited to a maximum of 48 units per gross acre;

2. Height is limited to a maximum of 65 feet;

3. Buildings abutting all R-4 and R-6 zones must be set back at least 20 feet from property lines with portions of buildings above 35 feet set back at a ratio of two feet of additional setback to every one foot of additional building height;

4. New building bulk shall be massed to minimize impact on neighboring single-family neighborhood(s) and development on campus;

5. At a minimum, landscaping in newly developed or redeveloped areas shall conform with the standards set forth in SMC 20.50.470, 20.50.490, and 20.50.500;

6. Construction of buildings and parking areas shall preserve existing nonhazardous significant trees to the maximum extent possible;

7. Site design shall meet the standards at SMC 20.50.240(E), (H), (I) and (J) for areas of new construction.

These standards may be modified to mitigate significant off-site impacts of implementing the master development plan in a manner equal to or greater than the code standards. The Director may recommend modifications to the above standards to address site specific conditions as part of the MDP approval.

F. New Uses. Any new use or new uses on a campus zoned site must be processed as part of a master development plan permit. New uses requested through a master development plan permit shall be considered concurrently with an amendment to SMC 20.40.150, Campus uses, and, where applicable, a special use permit.

G. Early Community Input. Applicants are encouraged to develop a consensus-based master development plan through outreach to the community and stakeholders as set forth in SMC 20.30.085.

H. Master Plan Expiration. A master development plan shall expire 20 years after the date of the Hearing Examiner’s approval. A minor amendment to an existing master development plan does not extend the plan expiration. (Ord. 882 § 1 (Exh. B), 2020; Ord. 724 § 1 (Exh. A), 2015; Ord. 669 § 1 (Exh. A), 2013; Ord. 631 § 1 (Exh. 1), 2012; Ord. 581 § 1 (Exh. 1), 2010; Ord. 507 § 4, 2008).

20.30.355 Development agreement (Type L).

A. Purpose. To define the development of property in order to implement framework goals to achieve the City’s adopted vision as stated in the Comprehensive Plan. A development agreement is permitted in all zones and may modify development standards contained in Chapter 20.50 SMC.

B. Development Agreement Contents. A development agreement shall set forth the development standards and other provisions that shall apply to govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170). Each development agreement approved by the City Council shall contain the development standards applicable to the subject real property. For the purposes of this section, “development standards” includes, but is not limited to:

1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;

3. Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;

4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;

5. Affordable housing units;

6. Parks and open space preservation;

7. Phasing of development;

8. Review procedures and standards for implementing decisions;

9. A build-out or vesting period for applicable standards;

10. Any other appropriate development requirement or procedure;

11. Preservation of significant trees; and

12. Connecting, establishing, and improving nonmotorized access.

C. Decision Criteria. A development agreement may be granted by the City only if the applicant demonstrates that:

1. The project is consistent with goals and policies of the Comprehensive Plan. If the project is located within a subarea plan, then the project shall be consistent with the goals and policies of the subarea plan.

2. The proposed development uses innovative, aesthetic, energy-efficient and environmentally sustainable architecture and site design.

3. There is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes) to pass a concurrency test consistent with the City’s concurrency tool or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.

4. There is either sufficient capacity within public services such as water, sewer and stormwater to adequately serve the development proposal in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.

5. The development agreement proposal contains architectural design (including but not limited to building setbacks, insets, facade breaks, roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, retention of significant trees, parking/traffic management and multimodal transportation improvements and other features that minimize conflicts and create transitions between the proposal site and property zoned R-4, R-6, R-8 or MUR-35'.

6. The project is consistent with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, or Shoreline Master Program, SMC Title 20, Division II, and applicable permits/approvals are obtained.

D. Development Agreement Approval Procedures. The City Council may approve development agreements through the following procedure:

1. A development agreement application incorporating the elements stated in subsection B of this section may be submitted by a property owner with any additional related information as determined by the Director. After staff review and SEPA compliance, the Planning Commission shall conduct a public hearing on the application. The Planning Commission shall then make a recommendation to the City Council pursuant to the criteria set forth in subsection C of this section and the applicable goals and policies of the Comprehensive Plan. The City Council shall approve, approve with additional conditions, or deny the development agreement. The City Council shall approve the development agreement by ordinance or resolution;

2. Recorded Development Agreement. Upon City Council approval of a development agreement under the procedure set forth in this subsection D, the property owner shall execute and record the development agreement with the King County Recorder’s Office to run with the land and bind and govern development of the property. (Ord. 997 § 1 (Exh. A), 2023; Ord. 968 § 1 (Exh. A), 2022; Ord. 907 § 1 (Exh. B), 2020; Ord. 731 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 706 § 1 (Exh. A), 2015).

20.30.357 Planned action determination.

A. Purpose. The purpose of a planned action determination is to decide if a project qualifies as a planned action project thereby not requiring additional substantive and procedural review under SEPA.

B. Decision Criteria. For a site-specific project to qualify as a planned action, the applicant shall submit a planned action determination checklist on a form prescribed and provided by the Department and demonstrate that:

1. The project is located within one of the City’s designated planned action areas;

2. The uses and activities of the project are consistent with qualifying land use categories described in the relevant planned action EIS;

3. The project is within and does not exceed the planned action thresholds established for the relevant planned action area;

4. The project is consistent with the Shoreline Municipal Code and the Shoreline Comprehensive Plan, including any goals and policies applicable to the planned action area;

5. If applicable, the project’s significant adverse environmental impacts have been identified in the relevant planned action EIS;

6. If applicable, the project’s significant adverse environmental impacts have been mitigated by application of mitigation measures identified for the planned action area and other applicable City regulations, together with any conditions, modifications, variances, or special permits that may be required;

7. The project complies with all applicable local, State, and/or Federal laws and regulations and the SEPA responsible official determines that these constitute adequate mitigation; and

8. The project is not an essential public facility as defined by RCW 36.70A.200, unless the essential public facility is accessory to or part of a development that is designated as a planned action project. (Ord. 767 § 1 (Exh. A), 2017).

Subchapter 7.

Subdivisions

20.30.360 Citation of subchapter.

This subchapter may be cited as the City of Shoreline Subdivision Ordinance and shall supplement and implement the State regulations of plats, subdivisions and dedications. (Ord. 238 Ch. III § 8(a), 2000).

20.30.370 Purpose.

Subdivision is a mechanism by which to divide land into lots, parcels, sites, plots, or tracts, for the purpose of sale. The purposes of subdivision regulations are:

A. To regulate division of land into two or more lots or tracts;

B. To protect the public health, safety and general welfare in accordance with the State standards;

C. To promote effective use of land;

D. To promote safe and convenient travel by the public on streets and highways;

E. To provide for adequate light and air;

F. To facilitate adequate provision for water, sewerage, stormwater drainage, parks and recreation areas, sites for schools and school grounds and other public requirements;

G. To provide for proper ingress and egress;

H. To provide for the expeditious review and approval of proposed subdivisions which conform to development standards and the Comprehensive Plan;

I. To adequately provide for the housing and commercial needs of the community;

J. To protect environmentally critical areas and their buffers as designated by Chapter 20.80 SMC, Critical Areas, or Shoreline Master Program, SMC Title 20, Division II;

K. To require uniform monumenting of land subdivisions and conveyance by accurate legal description. (Ord. 724 § 1 (Exh. A), 2015; Ord. 695 § 1 (Exh. A), 2014; Ord. 238 Ch. III § 8(b), 2000).

20.30.380 Subdivision categories.

A. Short Subdivision: A subdivision of nine or fewer lots.

B. Formal Subdivision: A subdivision of 10 or more lots.

C. Binding Site Plan: A land division for commercial, industrial, and mixed use type of developments.

Note: When reference to “subdivision” is made in this Code, it is intended to refer to both “formal subdivision” and “short subdivision” unless one or the other is specified. (Ord. 767 § 1 (Exh. A), 2017; Ord. 731 § 1 (Exh. A), 2015; Ord. 695 § 1 (Exh. A), 2014; Ord. 238 Ch. III § 8(c), 2000).

20.30.390 Exemption (from subdivisions).

The provisions of this subchapter do not apply to the exemptions specified in the State law and divisions of land which are the result of actions of government agencies to acquire property for public purposes, such as condemnation for roads. (Ord. 695 § 1 (Exh. A), 2014; Ord. 238 Ch. III § 8(d), 2000).

20.30.400 Lot line adjustment and lot merger – Type A action.

A. Lot line adjustment and lot merger are exempt from subdivision review. All proposals for lot line adjustment and lot merger shall be submitted to the Director for approval. The Director shall not approve the proposed lot line adjustment or lot merger if the proposed adjustment will:

1. Create a new lot, tract, parcel, site or division;

2. Would otherwise result in a lot which is in violation of any requirement of the Code.

B. Expiration. An application for a lot line adjustment and lot merger shall expire one year after a complete application has been filed with the City. An extension up to an additional year may be granted by the City upon a showing by the applicant of reasonable cause. (Ord. 789 § 1 (Exh. A), 2018; Ord. 238 Ch. III § 8(e), 2000).

20.30.410 Preliminary subdivision review procedures and criteria.

The short subdivision may be referred to as a short plat – Type B action.

The formal subdivision may be referred to as long plat – Type C action.

A. Review Procedure. The following procedure shall be applicable to all subdivision applications:

Subdivisions may be processed using one of the following methods: (1) subdivision without development, (2) subdivision with development, or (3) consolidated subdivision.

1. Subdivisions without Development.

a. The application and review for subdivisions without development shall follow this process:

i. In order to provide timely and accurate review of subdivision proposals, applications for preliminary plat, site development, and right-of-way must be submitted concurrently.

ii. A final plat application shall be reviewed in compliance with SMC 20.30.450.

2. Subdivision with Development.

a. The application and review for subdivisions with development shall follow this process:

i. Preliminary Plat Application. Review of environmental requirements, availability of utilities, sufficient access, conceptual drainage provisions, frontage improvements, and all dimensional requirements for the applicable zone must be completed. Approval of preliminary plat must be issued before proceeding to subsection (A)(2)(a)(ii) of this section.

ii. Building, site development, and right-of-way applications must be submitted concurrently for review. The issuance of all three permits will occur at the same time once all requirements, including the submittal of sufficient surety as required in SMC 20.30.440, have been met.

iii. A final plat application shall be reviewed in compliance with SMC 20.30.450 when all building permit(s) have been issued.

3. Consolidated Subdivision.

a. The application and reviews for consolidated subdivisions shall follow this process:

i. The review process for a consolidated subdivision requires that all applicable required documents and plans be submitted and reviewed under one application package. All required documents and plans associated with the preliminary plat, building(s), site development, and right-of way shall be included in the package. The issuance of all permits will occur at the same time once all requirements, including the submittal of sufficient surety as required in SMC 20.30.440, have been met.

ii. A final plat application shall be reviewed in compliance with SMC 20.30.450 when all building permit(s) have been issued.

B. Review Criteria. The following criteria shall be used to review proposed subdivisions:

1. Environmental.

a. Where environmental resources exist, such as trees, streams, geologic hazards, or wildlife habitats, the proposal shall be designed to fully implement the goals, policies, procedures and standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and the tree conservation, land clearing, and site grading standards sections.

b. The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography.

c. Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as floodplains, landslide hazards, or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsections (B)(1)(a) and (b) of this section, Chapter 20.80 SMC, Critical Areas, and Chapter 13.12 SMC, Floodplain Management.

d. Low impact development (LID) techniques shall be applied where feasible to minimize impervious areas, manage stormwater, and preserve on-site natural features, native vegetation, open space and critical areas.

2. Lot and Street Layout.

a. Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed that will ensure the lot is developed consistent with the standards of this Code and does not create nonconforming structures, uses or lots.

b. Lots shall not front on primary or secondary highways unless there is no other feasible access. Special access provisions, such as shared driveways, turnarounds or frontage streets, may be required to minimize traffic hazards.

c. Each lot shall meet the applicable dimensional requirements of the Code.

d. Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate.

3. Dedications and Improvements.

a. The City may require dedication of land in the proposed subdivision for public use.

b. Only the City may approve a dedication of park land.

c. In addition, the City may require dedication of land and improvements in the proposed subdivision for public use under the standards of Chapter 20.60 SMC, Adequacy of Public Facilities, and Chapter 20.70 SMC, Engineering and Utilities Development Standards, necessary to mitigate project impacts to utilities, rights-of-way, and stormwater systems.

i. Required improvements may include, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, critical area enhancements, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities.

4. Unit Lot Subdivision.

a. The provisions of this subsection apply exclusively to unit lot development, mixed single-family attached development, or zero lot line development.

b. Unit lot, mixed single-family attached, and zero lot line developments may be subdivided into individual unit lots. The development as a whole shall meet the applicable development standards.

c. As a result of the subdivision, development on individual unit lots may modify standards in SMC 20.50.020, Exception 2.

d. Access easements, joint use and maintenance agreements, and covenants, conditions and restrictions identifying the rights and responsibilities of the property owner(s) and/or the homeowners’ association shall be executed for the use and maintenance of common garage, parking and vehicle access areas; solid waste storage and/or collection area(s); on-site recreation; landscaping; underground utilities; common open space; exterior building facades and roofs of individual units; and other similar features, and shall be recorded with the King County Recorder’s Office. These shall be recorded prior to final plat application or shown on the face of the final plat.

e. Within the parent lot, required parking for a dwelling unit may be provided on a different unit lot than the lot with the dwelling unit, as long as the right to use that parking is formalized by an easement set forth on the face of the plat.

f. The final plat shall note all conditions of approval. The final plat shall also note that unit lots are not separate buildable lots independent of the overall development and that additional development of the individual unit lots may be limited as a result of the application of development standards to the parent lot.

g. For unit lot development, the applicant shall record a covenant on the plat that states, “These units will be considered individual units and part of one structure that cannot be segregated from one another. A unit lot development is defined as one building or one structure in the International Building Code and International Fire Code and National Electrical Code.” (Ord. 871 § 1 (Exh. A), 2020; Ord. 819 § 1 (Exh. A), 2018; Ord. 767 § 1 (Exh. A), 2017; Ord. 724 § 1 (Exh. A), 2015; Ord. 669 § 1 (Exh. A), 2013; Ord. 641 § 4 (Exh. A), 2012; Ord. 581 § 1 (Exh. 1), 2010; Ord. 555 § 1 (Exh. 1), 2009; Ord. 324 § 1, 2003; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 8(f), 2000).

20.30.420 Changes to approved subdivision.

A. Preliminary Subdivision. The Director may approve minor changes to an approved preliminary subdivision, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application.

B. Recorded Final Plats. An application to alter a final plat that has been filed for record shall be processed as provided for in SMC 20.30.425. (Ord. 857 § 2(A) (Exh. A), 2019; Ord. 238 Ch. III § 8(g), 2000).

20.30.425 Alteration of recorded plats.

A. Applicability. A plat alteration provides a process to alter or modify a previously recorded plat, short plat, binding site plan, or any portion thereof. The plat alteration results in changes to conditions of approval, restrictions, or dedications that are shown on the recorded plat.

1. Any person seeking to alter a recorded final plat or any portion thereof shall comply with the requirements set forth in Chapter 58.17 RCW and the regulations in effect at the time the application is submitted to the City.

2. This section shall not apply to the:

a. Alteration or replatting of any plat of State-granted tide- or shorelands as provided in RCW 58.17.215.

b. Adjustment of boundary lines as provided in RCW 58.17.040(6).

c. Any change to a recorded final plat where an additional lot(s) is proposed shall not be considered an alteration and shall be processed as a new formal subdivision or short subdivision depending on the number of lots being created. Except, if a condition or restriction on the original plat would prohibit such a change, then the plat alteration process must first be completed before a new subdivision may be sought.

B. Application. A request to alter a recorded plat shall be submitted on official forms prescribed and provided by the Department along with the applicable fees.

1. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered.

2. If the subdivision is subject to restrictive covenants which were recorded at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof.

3. If the application seeks to extinguish or alter an easement established by a dedication, the application must contain an agreement for the release or alteration of the easement by all of the owners of the easement.

C. Notice.

1. Complete Application. After the City has determined the application is complete, the City shall issue a notice of the complete application. This notice shall:

a. Be provided by regular U.S. mail to all owners of property within the subdivision as provided in RCW 58.17.080 and 58.17.090; and

b. Establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within 14 calendar days of receipt of the notice. The cost of the public hearing shall be the responsibility of the applicant for the plat alteration.

2. Public Hearing. If a public hearing is timely requested, notice of the public hearing shall be provided as set forth in SMC 20.30.180.

D. Review Criteria.

1. Decision-Making Authority.

a. Director. Applications for a plat alteration are a Type B action and shall be administratively reviewed by the Director unless a public hearing has been timely requested as provided in subsection(C)(2) of this section or the City determines that a public hearing is in the public interest, in which case it is a Type C action.

b. Hearing Examiner. Applications for a plat alteration for which a public hearing has been requested are a Type C action. An open record public hearing before the Hearing Examiner shall be held and the Hearing Examiner shall issue a decision.

2. The decision-making authority shall review the submittal materials and may approve or deny after a written determination is made whether the public use and interest will be served by the alteration and whether the alteration satisfies the review criteria set forth in SMC 20.30.410(B).

3. In any written determination approving an alteration:

a. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration.

b. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties.

4. The Director’s decision is final unless appealed to the Hearing Examiner as provided in subsection F of this section. The Hearing Examiner’s decision on a plat alteration for which a public hearing was requested is final and may be appealed to superior court pursuant to Chapter 36.70C RCW, Land Use Petition Act.

E. Recording of Alteration. No later than 30 calendar days after approval of the alteration, the applicant shall produce a revised drawing or text of the approved alteration to the plat, conforming to the recording requirements of Chapter 58.17 RCW and processed for signature in the same manner as set forth for final plats in this chapter. No later than 60 calendar days after the City has signed the altered plat, the applicant shall file, at their sole cost and expense, the altered plat with the King County Recorder to become the lawful plat of the property.

F. Appeal.

1. The Director’s decision on a plat alteration where no public hearing was held may be appealed to the Hearing Examiner as provided in Chapter 20.30 SMC, Subchapter 4, General Provisions for Land Use Hearings and Appeals.

2. The Hearing Examiner’s decision shall be final on an appeal of the Director’s decision on a plat alteration.

3. The final decision of the Hearing Examiner may appealed to superior court pursuant to Chapter 36.70C RCW, Land Use Petition Act. (Ord. 907 § 1 (Exh. B), 2020; Ord. 857 § 2(B) (Exh. A), 2019).

20.30.427 Vacation of recorded subdivisions.

A. Applicability. A subdivision vacation provides a process to vacate a previously recorded subdivision, short subdivision, binding site plan, or any portion thereof, or any area designated or dedicated for public use. The subdivision vacation results in the nullification of the recorded subdivision or portion thereof.

1. Any person seeking a subdivision vacation shall comply with the applicable requirements set forth in Chapter 58.17 RCW and this section in effect at the time a complete application is submitted to the City.

2. If the application is for the vacation of a subdivision together with the public rights-of-way, the procedures of this section shall apply except as prohibited by RCW 35.79.035, as amended, or other applicable law.

3. This section shall not apply to the:

a. Vacation of any plat of State-granted tide- or shorelands.

b. Vacation specifically of public rights-of-way which shall adhere to Chapter 12.17 SMC.

B. Application. A request to vacate a recorded subdivision shall be submitted on official forms prescribed and provided by the Department along with the applicable fees.

1. The application shall contain the signatures of all persons having an ownership interest in the subject subdivision or portion to be vacated.

2. If the subdivision is subject to restrictive covenants which were recorded at the time of the approval of the subdivision, and the application for vacation would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the vacation of the subdivision or portion thereof.

C. Review Procedure and Criteria.

1. The City will provide notice of the application for subdivision vacation and public hearing as provided in SMC 20.30.120 and 20.30.180.

2. The City shall hold a public hearing, review the submittal materials, and may approve or deny after a determination is made whether the public use and interest will be served by the vacation. Such determination shall be in writing and supported by findings of fact.

a. If any portion of the land contained in the subdivision to be vacated was dedicated to the public for public use or benefit, such land, if not deeded to the City, shall be deeded to the City unless the decision-making authority sets forth findings that the public use would not be served in retaining title to those lands.

b. Title to the vacated property shall vest as provided in RCW 58.17.212, as amended.

D. Recording. No later than 30 calendar days after approval of the subdivision vacation, the applicant shall file, at their sole cost and expense, the approval of the vacated subdivision with the King County Recorder.

E. Appeal. The decision of the Hearing Examiner on the subdivision vacation shall be the final decision of the City; no administrative appeal is provided. Appeals of the final decision may be appealed to superior court pursuant to Chapter 36.70C RCW, Land Use Petition Act. (Ord. 934 § 1(B) (Exh. A), 2021).

20.30.430 Site development permit for required subdivision improvements – Type A action.

Engineering plans for improvements required as a condition of preliminary approval of a subdivision shall be submitted to the Department for review and approval of a site development permit, allowing sufficient time for review before expiration of the preliminary subdivision approval. A separate site development permit is not required if a site development permit was reviewed and approved through a building permit. Permit expiration time limits for site development permits shall be as indicated in SMC 20.30.165. (Ord. 789 § 1 (Exh. A), 2018; Ord. 406 § 1, 2006; Ord. 238 Ch. III § 8(h), 2000).

20.30.440 Installation of improvements.

A. Timing and Inspection Fee. The applicant shall not begin installation of improvements until the Director has approved and issued the site development and right-of-way permits and the Director and the applicant have agreed in writing on a time schedule for installation of the improvements.

B. Completion – Bonding. The applicant shall either complete the improvements before the final plat is submitted to the Director for approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the Director.

C. Acceptance – Maintenance Bond. The Director shall not accept the improvements for the City of Shoreline until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. (Ord. 907 § 1 (Exh. C), 2020; Ord. 819 § 1 (Exh. A), 2018; Ord. 238 Ch. III § 8(i), 2000).

20.30.450 Final plat review procedures.

Time limit: A final short plat or final formal plat meeting all of the requirements of this chapter and Chapter 58.17 RCW shall be submitted for approval within the time frame specified in RCW 58.17.140.

A. Submission. The applicant may not file the final plat for review until the work required for the site development and right-of-way permits is completed and passed final inspection or bonded per the requirements of SMC 20.30.440.

B. Final Short Plat. The Director shall conduct an administrative review of a proposed final short plat. Only when the Director finds that a proposed short plat conforms to all terms of the preliminary short plat and meets the requirements of Chapter 58.17 RCW, other applicable State laws, and SMC Title 20 which were in effect at the time when the preliminary short plat application was deemed complete, the Director shall sign on the face of the short plat signifying the Director’s approval of the final short plat.

C. Final Formal Plat. After an administrative review by the Director and a finding that a subdivision proposed for final plat approval conforms to all terms of the preliminary plat, and meets the requirements of Chapter 58.17 RCW, other applicable State laws, and SMC Title 20 which were in effect at the time when the preliminary plat application was deemed complete, the Director shall sign on the face of the plat signifying the City’s approval of the final plat.

D. Acceptance of Dedication. The Director’s approval of a final plat constitutes acceptance of all dedication shown on the final plat.

E. Filing for Record. The applicant for subdivision shall file the original drawing of the final plat for recording with the King County Department of Records and Elections. Upon recording, the applicant shall provide a copy of the recorded plat to the Department. (Ord. 907 § 1 (Exh. C), 2020; Ord. 819 § 1 (Exh. A), 2018; Ord. 515 § 1, 2008; Ord. 238 Ch. III § 8(j), 2000).

20.30.460 Effect of changes in statutes, ordinances, and regulations on vesting of final plats.

All lots in a final short plat or final plat shall be a valid land use notwithstanding any change in zoning laws for the period specified in RCW 58.17.170 from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150(1) and (3) for the period specified in RCW 58.17.170 after final plat approval unless the Council finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. (Ord. 581 § 1 (Exh. 1), 2010; Ord. 352 § 1, 2004; Ord. 238 Ch. III § 8(k), 2000).

20.30.470 Further division – Short subdivisions.

A further division of any lot created by a short subdivision shall be reviewed as and meet the requirements of this subchapter for formal subdivision if the further division is proposed within five years from the date the final plat was filed for record; provided, however, that when a short plat contains fewer than nine parcels, nothing in this subchapter shall be interpreted to prevent the owner who filed the original short plat from filing a revision thereof within the five-year period in order to create up to a total of nine lots within the original short subdivision boundaries. (Ord. 767 § 1 (Exh. A), 2017; Ord. 238 Ch. III § 8(l), 2000).

20.30.480 Binding site plans – Type B action.

A. Commercial and Industrial. This process may be used to divide commercially and industrially zoned property, as authorized by State law. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access, interior circulation, open space, landscaping and drainage; facility maintenance, and coordinated parking. The following applies:

1. Sites subject to binding site plans shall consist of one or more contiguous lots legally created.

2. Sites subject to binding site plans may be reviewed independently, or concurrently with a commercial development permit application.

3. The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.

B. Recording and Binding Effect. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. Surveys shall include those items prescribed by State law.

C. Amendment, Modification and Vacation. The Director may approve minor changes to an approved binding site plan, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application. (Ord. 695 § 1 (Exh. A), 2014; Ord. 439 § 1, 2006; Ord. 238 Ch. III § 8(m), 2000).

Subchapter 8.

Environmental Procedures

20.30.490 Citation of subchapter and authority.

This subchapter may be cited as the City of Shoreline Environmental Procedures Ordinance. The City of Shoreline adopts this subchapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. This subchapter contains this City’s SEPA procedures and policies. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this subchapter. (Ord. 238 Ch. III § 9(a), 2000).

20.30.500 Definitions – Adoption by reference.

The City adopts by reference the definitions contains in WAC 197-11-700 through 197-11-799, as now existing or hereinafter amended. The following abbreviations are used in this subchapter:

DEIS – Draft Environmental Impact Statement

DNS – Determination of Nonsignificance

DOE – Department of Ecology

DS – Determination of Significance

EIS – Environmental Impact Statement

FEIS – Final Environmental Impact Statement

MTCA – Model Toxics Control Act

SEPA – State Environmental Policy Act

(Ord. 238 Ch. III § 9(b), 2000).

20.30.510 General requirements – Adoption by reference.

The City of Shoreline adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:

WAC

197-11-040 Definitions.

197-11-050 Lead agency.

197-11-060 Content of environmental review.

197-11-070 Limitations on actions during SEPA process.

197-11-080 Incomplete or unavailable information.

197-11-090 Supporting documents.

197-11-100 Information required of applicants.

197-11-158 GMA project review – Reliance on existing plans, laws, and regulations.

197-11-210 SEPA/GMA integration.

197-11-220 SEPA/GMA definitions.

197-11-228 Overall SEPA/GMA integration procedures.

197-11-230 Timing of an integrated GMA/SEPA process.

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235 Documents.

197-11-238 Monitoring.

197-11-250 SEPA/Model Toxics Control Act integration.

197-11-253 SEPA lead agency for MTCA actions.

197-11-256 Preliminary evaluation.

197-11-259 Determination of nonsignificance for MTCA remedial actions.

197-11-262 Determination of significance and EIS for MTCA remedial actions.

197-11-265 Early scoping for MTCA remedial actions.

197-11-268 MTCA interim actions.

(Ord. 238 Ch. III § 9(c), 2000).

20.30.520 Designation of responsible official.

A. For those proposals for which the City is a lead agency, the responsible official shall be the Director or such other person as the Director may designate in writing.

B. For all proposals for which the City is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules (Chapter 197-11 WAC) that have been adopted by reference.

C. The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

D. The responsible official shall be responsible for the City’s compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City.

E. The responsible official shall retain all documents required by the SEPA Rules and make them available in accordance with Chapter 42.17 RCW. (Ord. 238 Ch. III § 9(d), 2000).

20.30.530 Lead agency determination and responsibilities.

A. When the City receives an application for or initiates a proposal that involves a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the responsible official is aware that another agency is in the process of determining the lead agency.

B. When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600.

C. If the City, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the City may be initiated by the responsible official or any department.

D. The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.

E. The responsible official shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

F. When the City is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the responsible official shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 238 Ch. III § 9(e), 2000).

20.30.540 Timing and content of environmental review.

A. Categorical Exemptions. The City will normally identify whether an action is categorically exempt within 28 days of receiving an application.

B. Threshold Determinations. When the City is lead agency for a proposal, the following threshold determination timing requirements apply:

1. If a determination of significance (DS) is made concurrent with the notice of application for a proposal, the DS and scoping notice shall be combined with the notice of application. Nothing in this subsection prevents the DS/scoping notice from being issued before the notice of application. If sufficient information is not available to make a threshold determination when the notice of application is issued, the DS may be issued later in the review process.

2. SEPA determinations for City capital projects may be appealed to the Hearing Examiner as provided in Chapter 20.30 SMC, Subchapter 4.

3. If an open record predecision hearing is required on the proposal, the threshold determination shall be issued at least 15 calendar days before the open record predecision hearing.

4. The optional DNS process provided in WAC 197-11-355 may be used to indicate on the notice of application that the lead agency is likely to issue a determination of nonsignificance (DNS). If this optional process is used, a separate comment period on the DNS may not be required.

C. For nonexempt proposals, the DNS or draft environmental impact statement (EIS) for the proposal shall accompany the City’s staff recommendation to the appropriate review authority. If the final EIS is or becomes available prior to review, it shall be substituted for the draft.

D. The optional provision of WAC 197-11-060(3)(c) analyzing similar actions in a single environmental document is adopted. (Ord. 959 § 1 (Exh. A), 2022; Ord. 238 Ch. III § 9(f), 2000).

20.30.550 Categorical exemptions and threshold determinations – Adoption by reference.

The City adopts the following sections of the SEPA Rules by reference, as now existing or hereinafter amended, as supplemented in this subchapter:

WAC

197-11-300 Purpose of this part.

197-11-305 Categorical exemptions.

197-11-310 Threshold determination required.

197-11-315 Environmental checklist.

197-11-330 Threshold determination process.

197-11-335 Additional information.

197-11-340 Determination of nonsignificance (DNS).

197-11-350 Mitigated DNS.

197-11-355 Optional DNS process.

197-11-360 Determination of significance (DS)/initiation of scoping.

197-11-390 Effect of threshold determination.

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 591 § 1 (Exh. A), 2010; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 9(g), 2000).

20.30.560 Categorical exemptions – Minor new construction.

The following types of construction shall be exempt, except when: 1) undertaken wholly or partly on lands covered by water; 2) a rezone is requested; or 3) any license governing emissions to the air or discharges to water is required.

A. The construction or location of:

1. Any residential structures up to 30 dwelling units.

2. A multifamily structure with up to 60 dwelling units.

B. The construction of an office, school, commercial, recreational, service or storage building with 30,000 square feet of gross floor area, and with associated parking facilities designed for 90 automobiles.

C. The construction of a parking lot designed for 90 automobiles. This exemption includes stand-alone parking lots

D. Any landfill or excavation of 1,000 cubic yards throughout the total lifetime of the fill or excavation not associated with an exempt project in subsection A, B or C of this section and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder. (Ord. 660 § 1 (Exh. 1), 2013; Ord. 591 § 1 (Exh. A), 2010; Ord. 324 § 1, 2003; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 9(h), 2000).

20.30.565 Planned action determination of consistency.

Projects proposed within a planned action area, as defined by the City, may be eligible for planned action status. The applicant shall submit a complete planned action determination of consistency review checklist and any other submittal requirements specified by the Director at the time of application submittal. If the City determines the project is within a planned action area and meets the thresholds established by the planned action, no additional SEPA analysis is required. If a project does not qualify as a planned action, SEPA review will be required. A planned action determination appeal is a Type A decision and may be appealed as provided in SMC 20.30.200. (Ord. 959 § 1 (Exh. A), 2022; Ord. 654 § 1 (Exh. 1), 2013).

20.30.570 Categorical exemptions and threshold determinations – Use of exemptions.

A. The determination of whether a proposal is categorically exempt shall be made by the responsible official.

B. The determination that a proposal is exempt shall be a final decision.

C. If a proposal is exempt, none of the procedural requirements of this subchapter shall apply to the proposal.

D. Repealed by Ord. 959.

E. If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this ordinance, except that:

1. The responsible official shall not give authorization for:

a. Any nonexempt action;

b. Any action that would have an adverse environmental impact; or

c. Any action that would limit the choice of alternatives.

2. The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

3. The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 959 § 1 (Exh. A), 2022; Ord. 238 Ch. III § 9(i), 2000).

20.30.580 Environmental checklist.

A. A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not exempted in this ordinance; except, a checklist is not needed if the City’s responsible official and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. Except as provided in subsection E of this section, the checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B. For private proposals, the responsible official will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C. The responsible official may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if any of the following occurs:

1. The City has technical information on a question or questions that is unavailable to the private applicant; or

2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration.

D. The applicant shall pay to the City the actual costs of providing information under subsection (C)(2) of this section.

E. For projects seeking to qualify as planned actions, the applicant shall submit a planned action determination of consistency review checklist and any other submittal requirements specified by the Director.

F. The lead agency shall make a reasonable effort to verify the information in the environmental checklist and planned action checklist and shall have the authority to determine the final content of the checklists. (Ord. 959 § 1 (Exh. A), 2022; Ord. 238 Ch. III § 9(j), 2000).

20.30.590 Mitigated DNS.

A. As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B. An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the Department is lead agency; and

2. Precede the City’s actual threshold determination for the proposal.

C. The responsible official’s response to the request for early request shall:

1. Be written;

2. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

3. State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D. When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

1. If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a DNS if the City determines that no additional information or mitigation measures are required.

2. If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.

4. Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

E. A mitigated DNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.

F. Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City.

G. If at any time the proposed mitigation measures are withdrawn or substantially changed, the responsible official shall review the threshold determination and, if necessary, may withdraw the mitigated DNS and issue a DS.

H. If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.

I. The City’s written response under subsection (C) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 238 Ch. III § 9(k), 2000).

20.30.600 Environmental impact statements (EIS) – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented by this subchapter:

WAC

197-11-400 Purpose of EIS.

197-11-402 General requirements.

197-11-405 EIS types.

197-11-406 EIS timing.

197-11-408 Scoping.

197-11-410 Expanded scoping.

197-11-420 EIS preparation.

197-11-425 Style and size.

197-11-430 Format.

197-11-435 Cover letter or memo.

197-11-440 EIS contents.

197-11-442 Contents of EIS on nonproject proposals.

197-11-443 EIS contents when prior nonproject EIS.

197-11-444 Elements of the environment.

197-11-448 Relationship of EIS to other considerations.

197-11-450 Cost-benefit analysis.

197-11-455 Issuance of DEIS.

197-11-460 Issuance of FEIS.

(Ord. 238 Ch. III § 9(l), 2000).

20.30.610 Environmental impact statement and other environmental documents.

A. Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the Department shall be responsible for preparation and content of an EIS and other environmental documents by or under the direction of the SEPA responsible official. An EIS may be prepared by the lead agency’s staff; by an applicant or its agent; or by an outside consultant retained by either an applicant or the lead agency. The lead agency shall assure that the EIS is prepared in a professional manner and with appropriate interdisciplinary methodology. The responsible official shall direct the areas of research and examination to be undertaken as a result of the scoping process, as well as the organization of the resulting document.

B. Consultants or subconsultants selected to prepare environmental documents for a private development proposal shall not:

1. Act as agents for the applicant in preparation or acquisition of associated underlying permits;

2. Have a financial interest in the proposal for which the environmental document is being prepared; and

3. Perform any work or provide any services for the applicant in connection with or related to the proposal.

C. All costs of preparing any required environment document shall be borne by the applicant.

D. If the responsible official requires an EIS for a proposal and determines that the City will prepare the EIS, the responsible official shall notify the applicant as soon as reasonably possible after completion of the threshold determination. The responsible official shall also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

E. The City may require an applicant to provide information that must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions of regulations, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this subchapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance.

F. In the event an applicant decides to suspend or abandon the project, the applicant must provide formal written notice to the Department. The applicant shall continue to be responsible for all monies expended by the Department to the point of the Department’s receipt of notification.

G. The Department shall only publish an EIS when it believes that the EIS adequately discloses the significant direct, indirect, and cumulative adverse impacts of the proposal and its alternatives; mitigation measures proposed and committed to by the applicant, and their effectiveness in significantly mitigating impacts; mitigation measures that could be implemented or required; and unavoidable significant adverse impacts. (Ord. 959 § 1 (Exh. A), 2022; Ord. 238 Ch. III § 9(m), 2000).

20.30.620 Comments and public notice – Adoption by reference.

The City adopts the following sections, as now existing or hereinafter amended, by reference as supplemented in this subchapter:

WAC

197-11-500 Purpose of this part.

197-11-502 Inviting comment.

197-11-504 Availability and cost of environmental documents.

197-11-508 SEPA register.

197-11-510 Public notice.

197-11-535 Public hearings and meetings.

197-11-545 Effect of no comment.

197-11-550 Specificity of comments.

197-11-560 FEIS response to comments.

197-11-570 Consulted agency costs to assist lead agency.

(Ord. 238 Ch. III § 9(n), 2000).

20.30.630 Comments and public notice – Additional considerations.

A. For purposes of WAC 197-11-510, public notice for SEPA threshold determinations shall be required as provided in SMC 20.30.120. At a minimum, notice shall be provided to property owners located within 500 feet, posted on the property (for site-specific proposals), and the Department shall publish a notice of the threshold determination in the newspaper of general circulation for the general area in which the proposal is located. This notice shall include the project location and description, the type of permit(s) required, comment period dates, and the location where the complete application and environmental documents may be reviewed.

B. Publication of notice in a newspaper of general circulation in the area where the proposal is located shall also be required for all nonproject actions and for all other proposals that are subject to the provisions of this subchapter but are not classified as Type A, B, C, or L actions.

C. The SEPA responsible official may require further notice if deemed necessary to provide adequate public notice of a pending action. Failure to require further or alternative notice shall not be a violation of any notice procedure.

D. Pursuant to WAC 197-11-408(2)(a), all comments on determinations of significance and scoping notices shall be in writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-410(1)(b). (Ord. 959 § 1 (Exh. A), 2022; Ord. 352 § 1, 2004; Ord. 238 Ch. III § 9(o), 2000).

20.30.640 Using and supplementing existing environmental documents – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference:

WAC

197-11-164 Planned actions – Definition and criteria.

197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172 Planned actions – Project review.

197-11-600 When to use existing environmental documents.

197-11-610 Use of NEPA documents.

197-11-620 Supplemental environmental impact statements.

197-11-625 Addenda – Procedures.

197-11-630 Adoption – Procedures.

197-11-635 Incorporation by reference – Procedures.

197-11-640 Combining documents.

(Ord. 238 Ch. III § 9(p), 2000).

20.30.650 SEPA decisions – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:

WAC

197-11-650 Purpose of this part.

197-11-655 Implementation.

197-11-660 Substantive authority and mitigation.

197-11-680 Appeals.

(Ord. 238 Ch. III § 9(q), 2000).

20.30.660 SEPA decisions – Substantive authority.

A. The City may attach conditions to a permit or approval for a proposal so long as:

1. Such conditions are necessary to mitigate specific adverse environmental impacts identified in environmental documents prepared pursuant to this subchapter; and

2. Such conditions are in writing; and

3. The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4. The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5. Such conditions are based on one or more policies in SMC 20.30.670 and cited in the permit, approval, license or other decision document.

B. The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

1. A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final supplemental EIS; and

2. A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3. The denial is based on one or more policies identified in SMC 20.30.670 and identified in writing in the decision document. (Ord. 238 Ch. III § 9(r), 2000).

20.30.670 SEPA policies.

For the purposes of RCW 43.21C.060 and WAC 197-11-660(a), the following policies, plans, rules and regulations, and all amendments thereto, are designated as potential bases for the exercise of the City’s substantive authority to condition or deny proposals under SEPA, subject to the provisions of RCW 43.21C.240 and SMC 20.30.660.

A. The policies of the State Environmental Policy Act, RCW 43.21C.020.

B. The Shoreline Comprehensive Plan, its appendices, subarea plans, surface water management plans, park master plans, and habitat and vegetation conservation plans.

C. The Shoreline Municipal Code.

D. The Shoreline Historic Inventory.

E. The Shoreline Environmental Sustainability Strategy.

F. The Shoreline Climate Action Plan.

G. The Shoreline Diversity and Inclusion Goals. (Ord. 959 § 1 (Exh. A), 2022; Ord. 238 Ch. III § 9(s), 2000).

20.30.680 Appeals.

There are no administrative appeals of a SEPA threshold determination except threshold determinations associated with a Type B action. Any appeal of a SEPA determination, together with the City’s final decision on a proposal, may be appealed to the King County Superior Court, the Growth Management Hearings Board, or the Shoreline Hearings Board, based on the type of action being appealed, as provided in RCW 43.21.075. (Ord. 959 § 1 (Exh. A), 2022; Ord. 695 § 1 (Exh. A), 2014; Ord. 591 § 1 (Exh. A), 2010; Ord. 352 § 1, 2004; Ord. 238 Ch. III § 9(t), 2000).

20.30.690 Compliance with SEPA – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:

WAC

197-11-900 Purpose of this part.

197-11-902 Agency SEPA policies.

197-11-916 Application to ongoing actions.

197-11-920 Agencies with environmental expertise.

197-11-922 Lead agency rules.

197-11-924 Determining the lead agency.

197-11-926 Lead agency for governmental proposals.

197-11-928 Lead agency for public and private proposals.

197-11-930 Lead agency for private projects with one agency with jurisdiction.

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936 Lead agency for private projects requiring licenses from more than one state agency.

197-11-938 Lead agencies for specific proposals.

197-11-940 Transfer of lead agency status to a state agency.

197-11-942 Agreements on lead agency status.

197-11-944 Agreements on division of lead agency duties.

197-11-946 DOE resolution of lead agency disputes.

197-11-948 Assumption of lead agency status.

(Ord. 238 Ch. III § 9(u), 2000).

20.30.700 Forms – Adoption by reference.

The City adopts the following forms and sections of the SEPA Rules, as now existing or hereinafter amended, by reference:

WAC

197-11-960 Environmental checklist.

197-11-965 Adoption notice.

197-11-970 Determination of nonsignificance (DNS).

197-11-980 Determination of significance and scoping notice (DS).

197-11-985 Notice of assumption of lead agency status.

197-11-990 Notice of action.

(Ord. 238 Ch. III § 9(v), 2000).

20.30.710 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of this subchapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this subchapter. (Ord. 238 Ch. III § 9(w), 2000).

Subchapter 9.

Code Enforcement

20.30.720 Purpose.

This subchapter is an exercise of the City’s power to protect the public health, safety and welfare; and its purpose is to provide enforcement of Code Violations, abatement of nuisances, and collection of abatement expenses by the City. This Code shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons.

It is the intent of this subchapter to place the obligation for Code compliance upon the responsible party, within the scope of this subchapter, and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages in a civil action. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 10(a), 2000).

20.30.730 General provisions.

A. For the purposes of this subchapter, any person who causes or maintains a code violation and the owner, lessor, tenant or other person entitled to control, use, or occupancy of property where a code violation occurs shall be identified as the responsible party and shall be subject to enforcement action as provided in this subchapter.

However, if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner’s knowledge or consent by someone other than the owner or someone acting on the owner’s behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances, as determined by the Director. Should the responsible party not correct the violation, after service of the notice and order, civil penalties and abatement costs may be assessed.

B. It shall be the responsibility of any person identified as a responsible party to bring the property into a safe and reasonable condition to achieve compliance. Payment of fines, applications for permits, acknowledgment of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. The date set for compliance in the notice and order takes precedence over any date established for the expiration of any required permit(s) and will be subordinate only to written extension of the notice and order.

C. The responsible parties have a duty to notify the Director of any actions taken to achieve compliance. A violation shall be considered ongoing until the responsible party has come into compliance and has notified the Director of this compliance, and an official inspection has verified compliance and all assessed penalties and costs have been paid to the City.

D. The procedures set forth in this subchapter are not exclusive; specifically the provisions in SMC 20.80.130 additionally apply to code enforcement of violations of Chapter 20.80 SMC, Critical Areas. These procedures shall not in any manner limit or restrict the City from remedying or abating code violations in any other manner authorized by law. (Ord. 724 § 1 (Exh. A), 2015; Ord. 669 § 1 (Exh. A), 2013; Ord. 515 § 1, 2008; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 238 Ch. III § 10(b), 2000).

20.30.740 Declaration of public nuisance, enforcement.

A. A code violation, as used in this subchapter, is declared to be a public nuisance and includes violations of the following:

1. Any City land use and development ordinances or public health ordinances;

2. Any public nuisance as set forth in Chapters 7.48 and 9.66 RCW;

3. Violation of any of the codes adopted in Chapter 15.05 SMC;

4. Violation of provisions of Chapter 12.15 SMC, Use of Right-of-Way;

5. Any accumulation of refuse, except as provided in Chapter 13.14 SMC, Solid Waste Code;

6. Nuisance vegetation;

7. Discarding or dumping of any material onto the public right-of-way, waterway, or other public property;

8. Violation of any of the provisions of Chapter 13.10 SMC, Surface Water Utility; and

9. Violations of any of the provisions of Chapter 13.12 SMC, Floodplain Management.

B. No act which is done or maintained under the express authority of a statute or ordinance shall be deemed a public nuisance. (Ord. 641 § 4 (Exh. A), 2012; Ord. 581 § 1 (Exh. 1), 2010; Ord. 531 § 1 (Exh. 1), 2009; Ord. 466 § 2, 2007; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 251 § 2(E), 2000; Ord. 238 Ch. III § 10(d), 2000. Formerly 20.30.750).

20.30.750 Junk vehicles as public nuisances.

A. Storing junk vehicles as defined in SMC 10.05.030(A)(1) upon private property within the City limits shall constitute a nuisance and shall be subject to the penalties as set forth in this section, and shall be abated as provided in this section; provided, however, that this section shall not apply to:

1. A vehicle or part thereof that is completely enclosed within a permanent building in a lawful manner, or the vehicle is not visible from the street or from other public or private property; or

2. A vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.

B. Whenever a vehicle has been certified as a junk vehicle under RCW 46.55.230, the last registered vehicle owner of record, if the identity of the owner can be determined, and the landowner of record where the vehicle is located shall each be given legal notice in accordance with SMC 20.30.770(F) that a public hearing may be requested before the Hearing Examiner. If no hearing is requested within 14 days from the date of service, the vehicle, or part thereof, shall be removed by the City. The towing company, vehicle wrecker, hulk hauler or scrap processor will notify the Washington State Patrol and the Department of Licensing of the disposition of the vehicle.

C. If the landowner is not the registered or legal owner of the vehicle, no abatement action shall be commenced sooner than 20 days after certification as a junk vehicle to allow the landowner to remove the vehicle under the procedures of RCW 46.55.230.

D. If a request for hearing is received within 14 days, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or parts thereof shall be mailed by certified mail to the landowner of record and to the last registered and legal owner of record of each vehicle unless ownership cannot be determined.

E. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner.

F. The City may remove any junk vehicle after complying with the notice requirements of this section. The vehicle shall be disposed of by a licensed towing company, vehicle wrecker, hulk hauler or scrap processor with the disposing company giving notice to the Washington State Patrol and to the Department of Licensing of the disposition of the vehicle.

G. The costs of abatement and removal of any such vehicle or remnant part shall be collected from the last registered vehicle owner if the identity of such owner can be determined, unless such owner has transferred ownership and complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle or remnant part is located, unless the landowner has prevailed in a hearing as specified in SMC 20.30.760(E). Costs shall be paid to the Finance Director within 30 days of the removal of the vehicle or remnant part and, if delinquent, shall be assessed against the real property upon which such cost was incurred as set forth in SMC 20.30.775. (Ord. 515 § 1, 2008; Ord. 469 § 1, 2007; Ord. 466 § 2, 2007; Ord. 406 § 1, 2006; Ord. 238 Ch. III § 10(e), 2000. Formerly 20.30.760).

20.30.760 Notice and orders.

Whenever the Director has reason to believe that a Code Violation exists or has occurred, the Director is authorized to issue a notice and order to correct the violation to any responsible party. A stop work order shall be considered a notice and order to correct. Issuance of a citation or stop work order is not a condition precedent to the issuance of any other notice and order.

A. Subject to the appeal provisions of SMC 20.30.790, a notice and order represents a determination that a Code Violation has occurred and that the cited person is a responsible party.

B. Failure to correct the Code Violation in the manner prescribed by the notice and order subjects the person cited to any of the compliance remedies provided by this subchapter, including:

1. Civil penalties and costs;

2. Continued responsibility for abatement, remediation and/or mitigation;

3. Permit suspension, revocation, modification and/or denial; and/or

4. Costs of abatement by the City, according to the procedures described in this subchapter.

C. Any person identified in the notice and order as a responsible party may appeal the notice and order within 14 days of service, according to the procedures described in SMC 20.30.220 and 20.30.790. Failure to appeal the notice and order within 14 days of issuance shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party.

D. Issuance of a notice and order in no way limits the Director’s authority to issue a criminal citation or notice of infraction.

E. The notice and order shall contain the following information:

1. The address, when available, or location of the Code Violation;

2. A legal description of the real property where the violation occurred or is located;

3. A statement that the Director has found the named person to have committed a Code Violation and a brief description of the violation or violations found;

4. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order that was or is being violated;

5. The civil penalty assessed for failure to comply with the order;

6. A statement advising that the notice and order may be recorded against the property in the King County Office of Records and Elections subsequent to service;

7. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency;

8. A statement advising that, if any required work is not completed or a written extension for completion obtained within the time specified by the notice and order, the Director may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and several personal obligation of all responsible parties;

9. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the Code Violation occurred and as a joint and several personal obligation of all responsible parties;

10. A statement advising that any person named in the notice and order or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within 14 days of the date of issuance of the notice and order;

11. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent City permit applications on the subject property;

12. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party; and

13. A statement advising the responsible party of their duty to notify the Director of any actions taken to achieve compliance with the notice and order.

F. Service of a notice and order shall be made on any responsible party by one or more of the following methods:

1. Personal service may be made on the person identified as being a responsible party.

2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available.

3. Service by mail may be made for a notice and order by mailing by certified mail, to the responsible party at their last known address, at the address of the violation, or at the address of their place of business. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. The City may mail a copy, postage prepaid, by ordinary first class mail. Service by mail shall be presumed effective upon the third business day following the day the notice and order was mailed.

The failure of the Director to make or attempt service on any person named in the notice and order shall not invalidate any proceedings as to any other person duly served.

G. Whenever a notice and order is served on a responsible party, the Director may file a copy of the same with the King County Office of Records and Elections. When all violations specified in the notice and order have been corrected or abated, the Director shall issue a certificate of compliance to the parties listed on the notice and order. The responsible party is responsible for filing the certificate of compliance with the King County Office of Records and Elections, if the notice and order was recorded. The certificate shall include a legal description of the property where the violation occurred and shall state that any unpaid civil penalties, for which liens have been filed, are still outstanding and continue as liens on the property.

H. The Director may revoke or modify a notice and order issued under this section. Such revocation or modification shall identify the reasons and underlying facts for revocation. The Director may add to, rescind in whole or part or otherwise modify or revoke a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this section.

I. Failure to correct a Code Violation in the manner and within the time frame specified by the notice and order subjects the responsible party to civil penalties as set forth in SMC 20.30.770.

1. Civil penalties assessed create a joint and several personal obligation in all responsible parties. The City Attorney may collect the civil penalties assessed by any appropriate legal means.

2. Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the responsible party.

3. The payment of penalties does not relieve a responsible party of any obligation to cure, abate or stop a violation. (Ord. 581 § 1 (Exh. 1), 2010; Ord. 515 § 1, 2008; Ord. 469 § 1, 2007; Ord. 466 §§ 2, 3, 2007; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 238 Ch. III § 10(f), 2000. Formerly 20.30.770).

20.30.770 Enforcement provisions.

A. Infraction. Whenever the Director has determined that a code violation has occurred, the Director may issue a Class 1 civil infraction, or other class of infraction specified in the particular ordinance violated, to any responsible party, according to the provisions set forth in Chapter 7.80 RCW.

B. Misdemeanor. Any person who willfully or knowingly causes, aids or abets a code violation by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or imprisonment in the County jail for a term not to exceed 90 days. Each week (seven days) such violation continues shall be considered a separate misdemeanor offense. A misdemeanor complaint or notice of infraction may be filed as an alternative, or in addition, to any other judicial or administrative remedy provided in this subchapter or by law or other regulation.

C. Suspension, Revocation or Limitation of Permit.

1. The Director may suspend, revoke or limit any permit issued whenever:

a. The permit holder has committed a code violation in the course of performing activities subject to that permit;

b. The permit holder has interfered with the Director in the performance of their duties relating to that permit;

c. The permit was issued in error or on the basis of materially incorrect information supplied to the City; or

d. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or cancelled.

2. Such suspension, revocation or modification shall be carried out through the notice and order provisions of this subchapter and shall be effective upon the compliance date established by the notice and order. Such revocation, suspension or cancellation may be appealed to the Hearing Examiner using the appeal provisions of this subchapter. Notwithstanding any other provision of this subchapter, the Director may immediately suspend operations under any permit by issuing a stop work order.

D. Civil Penalties.

1. A civil penalty for violation of the terms and conditions of a notice and order shall be imposed in the amount of $500.00. The total initial penalties assessed for notice and orders and stop work orders pursuant to this section shall apply for the first 14-day period following the violation of the order, if no appeal is filed. The penalties for the next 14-day period shall be 150 percent of the initial penalties, and the penalties for the next 14-day period and each such period or portion thereafter shall be double the amount of the initial penalties.

2. Any responsible party who has committed a violation of the provisions of Chapter 20.50 SMC, General Development Standards (tree conservation, land clearing and site grading standards), or Chapter 20.80 SMC, Critical Areas, will not only be required to restore unlawfully removed trees or damaged critical areas, insofar as that is possible and beneficial, as determined by the Director, but will also be required to pay civil penalties in addition to penalties under subsection (D)(1) of this section, for the redress of ecological, recreation, and economic values lost or damaged due to the violation. Civil penalties will be assessed according to the following factors:

a. For violations within critical areas and required buffers, an amount determined pursuant to SMC 20.80.130(E); or

b. For violations not located within critical areas and required buffers, an amount determined to be equivalent to the economic benefit that the responsible party derives from the violation measured as the total of:

i. The resulting increase in market value of the property; and

ii. The value received by the responsible party; and

iii. The savings of construction costs realized by the responsible party as a result of performing any act in violation of the chapter; and

c. A penalty of $2,000 if the violation has severe ecological impacts, including temporary or permanent loss of resource values or functions.

3. An additional penalty of $2,000 if the violation was deliberate, the result of knowingly false information submitted by the property owner, agent, or contractor, or the result of reckless disregard on the part of the property owner, agent, or their contractor. The property owner shall assume the burden of proof for demonstrating that the violation was not deliberate.

4. A repeat violation means a violation of the same regulation in any location within the City by the same responsible party, for which voluntary compliance previously has been sought or any enforcement action taken, within the immediate preceding 24-consecutive-month period, and will incur double the civil penalties set forth above.

5. Under RCW 59.18.085, if, after 60 days from the date that the City first advanced relocation assistance funds to displaced tenants, the landlord does not repay the amount of relocation assistance advanced by the City, the City shall assess civil penalties in the amount of $50.00 per day for each tenant to whom the City has advanced a relocation assistance payment.

6. The responsible parties have a duty to notify the Director of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the responsible party has come into compliance with the notice and order and has notified the Director of this compliance, and an official inspection has verified compliance and all assessed penalties and costs have been paid to the City.

7. a. Civil penalties will be waived by the Director or will be reimbursed to the payer by the Director, with the concurrence of the Administrative Services Director, under the following documented circumstances:

i. The notice and order were issued in error; or

ii. The civil penalties were assessed in error; or

iii. Notice failed to reach the property owner due to unusual circumstances.

b. Civil penalties accrued under subsection (D)(1) of this section will be reduced by the Director to 20 percent of accrued penalties if voluntary compliance is achieved and the City is reimbursed its reasonable staff and professional costs incurred in enforcing the notice and order.

8. Deep Green Incentive Program.

a. Failure to submit the supplemental reports required by SMC 20.50.630(F) by the date required – within six months and two years of issuance of the certificate of occupancy – is subject to civil penalties as specified in subsections (D)(1) and (D)(4) of this section.

b. If the project does not meet the requirements after two years of occupancy as detailed under SMC 20.50.630(F)(6)(a) through (c), the applicant or owner will be required to pay the following:

i. Failure to demonstrate compliance with the provisions contained in SMC 20.50.630(F)(6)(a) through (c) is subject to a maximum penalty of five percent of the construction value set forth in the building permit for the structure. This fee may be reduced at the discretion of the Director based on the extent of noncompliance.

ii. In addition, the applicant or owner shall pay any permit or other fees that were waived by the City.

E. Abatement.

1. All public nuisances are subject to abatement under this subchapter.

2. Imminent Nuisance and Summary Abatement. If a condition, substance, act or nuisance exists which causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for the abatement, shall be given to the person responsible for the property and the violation as soon as reasonably possible after the abatement. The Director shall make the determination of a condition, substance, act or other occurrence constituting an imminent nuisance requiring summary abatement. Costs, both direct and indirect, of the abatement may be assessed as provided in this chapter.

3. In the case of such unfit dwellings, buildings, structures, and premises or portions thereof, the Director, as an alternative to any other remedy provided in this subchapter, may abate such conditions by demolition, repair, removal, or securing the site and have abatement costs collected as taxes by the King County Treasury pursuant to SMC 20.30.775. If an occupied rental dwelling or its premises are declared unfit and required to be vacated by a notice and order, and the landlord fails to pay relocation assistance as set forth in RCW 59.18.085, the City shall advance relocation assistance funds to eligible tenants in accordance with RCW 59.18.085.

F. Additional Enforcement Provisions. The enforcement provisions of this section are not exclusive, and may be used in addition to other enforcement provisions authorized by the Shoreline Municipal Code or by State law, including filing for injunctive relief or filing of a civil action. (Ord. 760 § 1 (Exh. A), 2017; Ord. 724 § 1 (Exh. A), 2015; Ord. 669 § 1 (Exh. A), 2013; Ord. 631 § 1 (Exh. 1), 2012; Ord. 581 § 1 (Exh. 1), 2010; Ord. 466 § 2, 2007; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 251 § 2(D), 2000; Ord. 238 Ch. III § 10(c), 2000. Formerly 20.30.740).

20.30.775 Collection of penalties and costs.

A. All monies collected from the assessment of civil penalties, costs, and for abatement reimbursements recovered from violators resulting from code enforcement actions shall be deposited in a code enforcement/abatement fund and utilized for future code enforcement action expenses. Eligible expenses shall include, but not be limited to, all costs for abatement whether or not the responsible party is identified, education and outreach, and one-time expenses associated with a specific case necessary for obtaining code compliance.

B. The amount of cost of repairs, alterations or improvements; or vacating and closing; or removal or demolition by the Director shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For the purposes of this section, the cost of vacating and closing shall include (1) the amount of relocation assistance payments advanced to the tenants under RCW 59.18.085 that a property owner has not repaid to the City, and (2) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085.

Upon certification by the City Finance Director of the assessment amount being due and owing, the County Treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City.

If the dwelling, building, structure, or premises is removed or demolished by the Director, the Director shall, if possible, sell the materials from such dwelling, building, structure, or premises and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Director, after deducting the costs incident thereto.

The assessment shall constitute a lien against the property, which shall be of equal rank with State, county and municipal taxes.

C. In addition to, or in lieu of, the provisions set forth in this subchapter, the City may commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the City to obtain compliance pursuant to this chapter and/or to collect any penalties that have been assessed. (Ord. 788 § 1 (Exh. A), 2017; Ord. 466 § 4, 2007; Ord. 391 § 4, 2005; Ord. 238 Ch. III § 10(f), 2000).

20.30.780 Civil penalties.

Repealed by Ord. 391. (Ord. 238 Ch. III § 10(g), 2000).

20.30.790 Appeals and judicial enforcement.

A. Administrative Appeal – Filing Requirements.

1. Any person named in a notice and order, or any owner of the land where the violation for which a notice and order is issued, may file a notice of appeal within 14 days of the service of the notice and order.

2. A notice of appeal shall comply with the form, content and service requirements of SMC 20.30.220 and rules promulgated thereunder.

B. Administrative Appeal – Procedures.

1. The appeal hearing shall be conducted as provided for a Type B action under SMC 20.30.050 and Chapter 20.30, Subchapter 4, General Provisions for Land Use Hearings and Appeals, except that where specific provisions in that chapter conflict, the provisions of this section shall govern.

2. Enforcement of any notice and order of the Director issued pursuant to this subchapter shall be stayed as to the appealing party during the pendency of any administrative appeal under this section, except when the Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.

3. Enforcement of any stop work order of the Director issued pursuant to this subchapter shall not be stayed during the pendency of any administrative appeal under this section.

4. When multiple stop work orders or notices and orders have been issued for any set of facts constituting a violation, the enforcement actions appeal may be consolidated.

C. Administrative Appeal – Final Order.

1. Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions and shall affirm or modify the notice and order previously issued if the examiner finds that a violation has occurred. The examiner shall uphold the appeal and reverse the order if the examiner finds that no violation has occurred.

2. If an owner of property where a violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the property owner’s knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such an abatement in order to avoid doing substantial injustice to a nonculpable property owner.

3. The Hearing Examiner’s final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in superior court within the time period specified by State law. (Ord. 238 Ch. III § 10(h), 2000).