Chapter 17.05


17.05.010    Purpose.

17.05.020    Applicability.

17.05.030    Administration.

17.05.040    Low impact development (LID).

17.05.050    Complete application.

17.05.060    Additional requirements.

17.05.070    Material errors.

17.05.080    Requirements for noticing.

17.05.090    Criteria for approval.

17.05.100    Decision.

17.05.110    Appeals.

17.05.010 Purpose.

The purpose of this chapter is to establish a permit process for the development of existing legal lots of record with residential (other than single detached), recreational/cultural, general services, business services, retail, manufacturing, and regional land uses. (Ord. 2021-634 § 3).

17.05.020 Applicability.

A. Any person seeking to develop property with a use listed in NMC 17.05.010 is required to apply for, complete and obtain approval of a site plan prior to any property development, as required by this chapter.

B. The site that is being reviewed pursuant to this chapter shall consist of one or more contiguous lots legally created. (Ord. 2021-634 § 3).

17.05.030 Administration.

The director is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions and requirements of this chapter. (Ord. 2021-634 § 3).

17.05.040 Low impact development (LID).

The use of LID best management practices (BMPs) is required on sites where site and soil conditions make LID feasible and where approved by the city based on review of material prepared and submitted by the applicant. (Ord. 2021-634 § 3).

17.05.050 Complete application.

A proposed site plan shall be considered under the zoning and other land use control ordinances in effect on the land at the time a fully completed application is filed with the department. A complete application for site plan review shall consist of the following:

A. Applications shall be on forms prescribed by the department and shall include such information as deemed necessary by the director to establish compliance with this section.

B. Applications for site plans shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; NMC Title 12, Streets, Sidewalks and Public Places; NMC Title 13, Utilities; Chapter 14.05 NMC, SEPA Policies; Chapter 17.07 NMC, Property Grading Regulations; NMC Title 15; NMC Title 18, Zoning; city comprehensive plan; and administrative rules adopted to implement any such code or ordinance provisions.

C. The proposed plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site plan shall be considered fully complete once the department determines that the application contains the following materials:

1. The name and address of the developer.

2. The location by section, township, and range or by other legal description.

3. The name, address and seal of the registered engineer or land surveyor.

4. A list of any other development permits or permit applications having been filed for the site.

5. Title Report. A title report dated by the title company within 30 days of the date of submitting this application, confirming that the title of the lands as described and shown on the proposed plat are in the name of the applicant, or in the name of the owner whom the applicant represents.

6. Existing Encumbrance Documents. Copies of all easements, deed restrictions or other encumbrances restricting the use of the site.

7. Payment of any application fees and development deposits imposed by the city.

8. A completed SEPA environmental checklist.

9. A phasing plan and time schedule if the site is intended to be developed in phases.

10. Topography Map. A minimum 18-inch-by-24-inch topography map.

11. A drainage analysis or other requirement as specified in Chapter 13.10 NMC and the latest adopted version of the city’s surface water design manual.

12. Site Plan. A scaled site plan of the property proposed to be developed. The plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington and shall include the following information:

a. The scale, northpoint, and date of drawing preparation.

b. The location, layout, and dimensions of the proposed development.

c. Proposed site improvements and structures.

d. Any existing structures or site improvements intended to be retained on the site.

e. All zoning and property boundaries within 100 feet of any boundary of the site.

f. All proposed uses, including existing uses intended to be retained.

g. The location of proposed or existing open space, including any required landscaped areas.

h. The location and identification of critical areas within 300 feet of any boundary of the site.

i. Adjacent streets, access easements and proposed locations and dimensions of driveways providing access to the site.

j. The layout of an internal vehicular and pedestrian circulation system, including proposed ingress and egress for vehicles and emergency vehicle access.

k. Location of existing and proposed fire hydrants.

l. The number and location of proposed or existing parking spaces on the site, and on streets directly abutting the site.

m. Location of short-term parking per the requirements of NMC 18.18.085.

n. The location and size of utilities and drainage systems proposed to serve the site.

o. The location and size of water bodies and drainage features, both natural and manmade, within 500 feet of the site.

p. A layout of sewers and the proposed water distribution system.

q. Proposed easements and access.

r. The location of all proposed freestanding signage, including pylon signs, monument signs, accessory signs, etc.

s. Depictions of easements, deed restrictions and other encumbrances affecting the site.

t. Locations of significant trees identified to be retained per NMC 18.16.130.

u. The building setback lines.

v. Proposed and existing hard surface coverage.

w. The location, widths, and names of all existing or prior platted streets, public ways, utility rights-of-way, parks, and other recreation spaces within or adjacent to the site.

13. Elevation Drawings and Floor Plans. A minimum 18-inch-by-24-inch electronic drawing of elevations and floor plans as known. Elevation drawings must include post-construction treatment of both occupied and unoccupied areas of the building envelopes and must show location of any proposed signage on the buildings as specified in the master sign plan.

14. Grading Plan. A minimum 18-inch-by-24-inch electronic drawing of a grading plan showing proposed clearing and tree retention and the existing and proposed topography, including existing and/or proposed retaining walls, detailed to two-foot contours, unless smaller contour intervals are otherwise specified by the city code.

15. Utilities Plan. A minimum 18-inch-by-24-inch electronic drawing of a utilities plan showing the location and size of utility trunk lines, lateral lines, water, electric, gas, and telecommunication lines, utility vaults and transformers both existing and proposed to serve the site.

16. Landscape Plan. A minimum 18-inch-by-24-inch electronic drawing of a landscape plan showing existing vegetation to be retained, proposed new vegetation, an irrigation plan, and proposed locations of all utilities, drainage systems and retaining walls in relation to proposed landscaping materials.

17. A significant tree retention plan as defined and required in NMC 18.16.140.

18. Lighting Plan. A lighting plan showing the location, height and type of all luminaries and security lights in relation to proposed site improvements and landscaping, including photometric details.

19. Master Sign Plan. A master sign plan as specified in NMC 18.20.060, showing proposed locations of signage (both freestanding and on buildings), describing how total allowable signage will be allocated among each tenant space and/or use, and describing any common design elements of signage as proposed by the applicant and/or required by code.

20. Proposed Restrictions. Draft covenants, conditions and restrictions labeled “CC&Rs” or any other restrictions or easements that may apply.

21. Two sets of mailing labels for all property owners within 500 feet of any boundary of the site.

22. Certificates of availability for the proposed water supply and sewage disposal by the Coal Creek utility district.

D. The director may waive specific submittal requirements determined to be unnecessary. (Ord. 2021-634 § 3).

17.05.060 Additional requirements.

The director may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a site plan review application if he determines that such information is necessary for the accurate review of such applications. The director may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review. (Ord. 2021-634 § 3).

17.05.070 Material errors.

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications. (Ord. 2021-634 § 3).

17.05.080 Requirements for noticing.

The notice requirements of Chapter 19.11 NMC shall be applicable to review under this chapter as a Type II permit. (Ord. 2021-634 § 3).

17.05.090 Criteria for approval.

Before approving a proposed site plan, the director shall evaluate the proposal and make specific determination that the site plan conforms to all following criteria:

A. Preapplication Conference. A preapplication conference has been held within 12 months prior to submittal of the site plan application.

B. Conformance to Code. The development proposal conforms to the provisions of NMC Title 14, Environment; NMC Title 17, Site Development; and NMC Title 18, Zoning; including, but not limited to, critical area regulations, required setbacks, height limitations, impervious and building coverage maximums, parking and circulation standards, significant tree retention requirements, building and architectural standards, landscaping standards, sign code standards, stormwater regulations including LID (low impact development) provisions, on-site circulation requirements, open space and recreation standards, engineering and public works standards, and other discretionary provisions that may pertain to proposed uses on the site such as conditional use provisions that impose site design requirements or restrictions.

C. Interest of Public Welfare. The proposed development and its ultimate use is in the best interests of the public welfare and the neighborhood development of the area.

D. Encroachment on Future Public Areas. The property to be developed does not encroach upon an area or areas designated in the comprehensive plan for future public facilities.

E. Frontage on High-Volume Trafficways. Frontage on high-volume trafficways is provided with parallel service streets or such other medium of access as may be appropriate to the conditions.

F. Buffer Strips Between Residential and Commercial Areas. Buffer strips or other protective treatment is provided to the extent and type as may be practicable when business, commercial, and industrial development occurs adjacent to residential development.

G. Connection of Streets with Highway. The site plan is connected by surfaced road or street (according to city specifications) to an existing dedicated street of the city.

H. Drainage of Site and Roads. Proper facilities, as required by the city engineer, are provided for the drainage of the site and abutting roads, and to minimize the damage of erosion.

I. Placement of Trees. If street trees are required, they are planted inside the right-of-way or, if right-of-way width is not available, they are planted in a street tree easement on the site.

J. Sidewalks or Walkways. Sidewalks or walkways are provided along perimeter streets of the site.

K. Expanded Rights-of-Way. Where the comprehensive plan and/or the city street plan indicates a required right-of-way width or portion thereof for street purposes, in order to complete the articulation of the city street pattern such required right-of-way or portion thereof will be dedicated to the city.

L. Parks, Playgrounds, Recreation Spaces, and Trails. If designated by the comprehensive plan, the site plan provides for the dedication of areas for park, playground, recreation, or trails to the extent determined necessary by the department.

M. Adequacy of Public Sewer. The site is served by an adequate public sewer system as set forth in subsections (M)(1) and (2) of this section before the development proposal may be recorded:

1. The applicant has demonstrated to the satisfaction of the city that:

a. The sewer system complies with applicable planning, operating and design requirements of the Coal Creek utility district comprehensive sewer plan and any subsequent amendments; and

b. A certificate of sewer availability has been issued by the Coal Creek utility district.

2. The public sewer system is installed to serve the site or will be installed in accordance with a developer extension agreement signed with the Coal Creek utility district and verification of such agreement has been provided to the city.

N. Adequate Public Water Supply. The site is served by an adequate water supply as set forth in subsections (N)(1) and (2) of this section before the development proposal may be recorded:

1. The applicant has demonstrated to the satisfaction of the city that:

a. The water supply system complies with the applicable planning, operating and design requirements of the Coal Creek utility district comprehensive water plan, and any subsequent amendments; and

b. A certificate of water availability has been issued by the Coal Creek utility district.

2. An approved public water system is installed to serve the site or will be installed in accordance with a developer extension agreement signed with the Coal Creek utility district and verification of such agreement has been provided to the city.

O. Adequacy of Access. Improvements within the development proposal have adequate access to a street which conforms to city road standards. (Ord. 2021-634 § 3).

17.05.100 Decision.

A. A written record of decision shall be prepared in each case. The record shall be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions, or denied. Pursuant to Chapter 19.07 NMC, the director’s decision shall include any conditions to ensure consistency with the city’s development regulations based on the following, but not limited to:

1. Conformance of the proposed site plan with an approved building permit, any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city.

2. Findings that the site plan conforms to the criteria of NMC 17.05.090.

B. The decision of the director shall be final.

C. The decision shall become effective 10 calendar days after the decision has been mailed or, if an appeal is filed under NMC 17.05.110, upon completion of the appeal.

D. A site plan approval automatically expires and is void if the applicant fails to file for a building permit or other necessary development permit and fails to make substantial progress towards completion within 24 months of the effective date of the site plan approval. “Substantial progress” includes the following: completion of grading and the installation of major utilities. The director may grant a single extension of up to 90 days.

E. All construction and site development activities related to the site plan review are prohibited until the decision becomes effective and until authorized by any subsequent required permits. (Ord. 2021-634 § 3).

17.05.110 Appeals.

The director’s decision regarding site plan review may be appealed by any aggrieved person with legal standing pursuant to NMC Title 19, Administrative Procedures. (Ord. 2021-634 § 3).