Chapter 21A.95
COMMERCIAL SITE DEVELOPMENT PERMITS
Sections:
21A.95.010 Purpose.
21A.95.020 Applicability.
21A.95.030 Public comments.
21A.95.040 Application of development standards.
21A.95.050 Approval.
21A.95.060 Financial guarantees.
21A.95.070 Limitation of permit approval.
21A.95.080 Modification to an approved permit.
21A.95.090 Administrative rules.
21A.95.010 Purpose.
The purpose of this chapter is to establish an optional comprehensive site review process of proposed commercial development resulting in a permit that can combine any or all of the following:
(1) Site development requirements specified prior to building and/or grading permit applications.
(2) Site review and application of rules and regulations generally applied to the whole site without regard to existing or proposed internal lot lines.
(3) Site development coordination and project phasing occurring over a period of years.
(4) Evaluation of commercially zoned property for the creation or alteration of lots when reviewed concurrently with a binding site plan application. (Ord. O2003-132 § 14)
21A.95.020 Applicability.
(1) An application for commercial site development permit may be submitted for commercial development projects on sites consisting of one or more contiguous lots legally created and zoned to permit the proposed uses.
(a) A commercial site development permit is separate from and does not replace other required permits such as conditional use permits or shoreline substantial development permits. A commercial site development permit may be combined and reviewed concurrently with other permits.
(b) Prior to the issuance of a building permit, all applications for apartment, townhouse, commercial, or office projects must apply for and receive a commercial site development permit. In the event of any question, the city manager or his or her designee shall be responsible for determining the applicability of a commercial site development permit, and how the commercial site development permit shall be processed in conjunction with other applicable permits.
(c) If any of the following scenarios apply to a multifamily, commercial or office proposal, then the applicant must apply for and obtain a CSDP first, prior to issuance of any other permit. In the event of any question, the City manager or his/her designee shall be responsible for determining the applicability of a CSDP.
(i) If three residential units or more will not be located on an individual parcel. This includes three individual single-family dwelling units, townhouse units, apartment units or a combination of dwelling types. Note: Accessory dwelling units are not counted as a residential unit for purposes of this calculation.
(ii) Any new office, multifamily, commercial or office building. Note: New institutional buildings are also included in this definition.
(iii) An office, multifamily, commercial, institutional expansion, tenant improvement or change of use that results in an increase in the number of dwelling units; an increase in impervious surface which triggers a new level of surface water review; a change in the number of ingress or egress points from the site (whether at the applicant’s request or expansion in any of the following areas: building square footage, parking space requirements or peak p.m. traffic trips.
(iv) Any office, multifamily, commercial, institutional expansion, tenant improvement or change of use that will impact sensitive areas, shoreline or buffers.
(v) Any office, multifamily, commercial or institutional expansion that will require drainage review in accordance with the 1998 King County Surface Water Design Manual. (Ord. O2003-132 § 14)
21A.95.030 Public comments.
All public comments shall be in writing and signed, shall reference the proposed commercial site development permit application, and shall include the full name, address and telephone number of the person commenting. All comments shall be received within the designated comment period. The designated comment period shall commence on the day following publication or posting of the application notice and shall terminate at 4:30 p.m. on the fifteenth day thereafter. If the department determines that application notice shall be published as well as posted, the department shall make every attempt to have the comment periods run concurrently. If, however, more than one method of notification is used, the termination date shall be calculated from the last notification date. If the fifteenth day is a nonwork day for the City, the designated comment period shall cease at 4:30 p.m. on the next City work day immediately following the fifteenth day. (Ord. O2003-132 § 14)
21A.95.040 Application of development standards.
(1) An application for commercial site development permit shall be reviewed pursuant to Chapter 43.21C RCW, SEPA, as implemented by Chapter 197-11 WAC; Chapter 9.04 KCC as adopted by Chapter 15.05 SMC, Surface Water Management; Chapter 14.01 SMC, Public Works Standards Adopted; Chapter 16.15 SMC, Clearing and Grading; Chapter 16.05 SMC, Building Codes and Fire Code; Chapter 20.15 SMC, State Environmental Policy Act Procedures; SMC Title 21A, Development Code; SMC Title 25, Shoreline Management; administrative rules adopted pursuant to Chapter 2.55 SMC to implement any such code or ordinance provision; King County board of health rules and regulations; and City approved utility comprehensive plans.
(2) Lot-based standards, such as internal circulation, landscaping signage and setback requirements, are typically applied to each individual lot within the site. However, the director may approve an application for commercial site development where such standards have been applied to the site as if it consisted of one parcel. Lot-based regulations shall not be waived altogether.
(3) The director may modify lot-based or lot line requirements contained within the building, fire and other similar uniform codes adopted by the City, provided the site is being reviewed concurrently with a binding site plan application. (Ord. O2003-132 § 14)
21A.95.050 Approval.
(1) The director may approve, deny, or approve with conditions an application for a commercial site development. The decision shall be based on the following factors:
(a) Conformity with adopted City and state rules and regulations in effect on the date the complete application was filed, including but not limited to those listed in SMC 21A.95.040.
(b) Consideration of the recommendations or comments of interested parties and those agencies or departments having pertinent expertise or jurisdiction, consistent with the requirements of this title.
(2) Subsequent permits for the subject site shall be issued only in compliance with the approved commercial site development plan. Additional site development conditions and site review will not be required for subsequent permits provided the approved plan is not altered.
(3) Approval of the proposed commercial site development shall not provide the applicant with a vested right to build without regard to subsequent changes in the building and fire codes listed in Chapter 16.05 SMC.
(4) The director shall mail a copy of the decision to the applicant and any other person who has presented written comment to the department. (Ord. O2003-132 § 14)
21A.95.060 Financial guarantees.
Performance guarantees consistent with the provisions of SMC Title 27A may be required to assure that development occurs according to the approved plan. (Ord. O2003-132 § 14)
21A.95.070 Limitation of permit approval.
(1) A commercial site development permit approved without a phasing plan shall be null and void if the applicant fails to file a complete building permit application(s) for all buildings within three years of the approval date, or by a date specified by the director, and fails to have all valid building permits issued within four years of the commercial site development permit approval date; or
(2) A commercial site development permit approved with a phasing plan shall be null and void if the applicant fails to meet the conditions and time schedules specified in the approved phasing plan. (Ord. O2003-132 § 14)
21A.95.080 Modification to an approved permit.
A subsequent building permit application may contain minor modifications to an approved commercial site development plan provided a modification does not:
(1) Increase the building floor area by more than 10 percent;
(2) Increase the number of dwelling units;
(3) Increase the total impervious surface area; provided, that relocatable facilities for schools shall be exempt from this restriction;
(4) Result in an insufficient amount of parking and/or loading;
(5) Locate buildings outside an approved building envelope; provided, that relocatable facilities for schools shall be exempt from this restriction;
(6) Change the number of ingress and egress points to the site;
(7) Significantly increase the traffic impacts of peak-hour trips to and from the site;
(8) Significantly increase the quantity of imported or exported materials or increase the area of site disturbance.
Modifications that exceed the conditions of approval as stated in this section and require a new review as determined by the director shall only be accomplished by applying for a new commercial site development permit for the entire site. The new application shall be reviewed according to the laws and rules in effect at the time of application. (Ord. O2003-132 § 14)
21A.95.090 Administrative rules.
The director may promulgate administrative rules and regulations pursuant to Chapter 2.55 SMC, to implement the provisions and requirements of this chapter. (Ord. O2003-132 § 14)