2010 Update to the King County Comprehensive Plan

Shoreline Management Plan (SMP)

Below is a brief summary of the proposed changes included in Proposed Substitute Ordinance 2009-0609:

Adds a new chapter to the KCCP - Chapter 5: Shoreline Management: 

• Incorporates the state legislative findings in support of the Shoreline Management Act 
•  Describes the County's shorelines 
•  Describes the state and local regulation of shorelines 
•  Describes the elements of the SMP 
•  Includes relevant definitions 
•  Describes County's shoreline goals 
• Describes the elements required to be considered in SMP 
• Describes shoreline designation process and defines designations 
• Describes shoreline uses, and when and how shorelines may be modified
• Recognizes that the County's SMP must be approved by the state

Makes changes to the following chapters in the King County Code:

Chapter 20.12 - Comprehensive Plan

• Makes the shoreline management policies part of the King County Comprehensive Plan, as chapter 5

Chapter 20.18 - Procedures for Amendment of Comprehensive Plan or of Development
Regulations-Public participation

• Treats shoreline map amendments like land use map amendments, and shoreline designations like land use designations

Chapter 21A.24 – Critical Areas 

Incorporates the critical areas requirements or standards for:

• Sequential measure for avoiding impacts to critical areas or buffers for aquaculture facilities 
• Flood protection facilities 
• Removal of invasive weeds in shoreline jurisdiction 
• Monitoring of plantings to mitigate new or expanded moorage facilities 
• Till or excavation landward of the ordinary high water mark 
• Agriculture ditch maintenance best management practices
• Expansion of a dwelling unit located in the shoreline jurisdiction

Chapter 21A.32 – General Provisions - Nonconformance, Temporary Uses, and Re-use of
Facilities

• Applies the non-conforming use provisions to the shoreline jurisdiction

Chapter 21A.50 - Enforcement

• Adds developing in the shoreline without a permit as a violation subject to the provisions of chapter 21A.50

New Chapter to Title 21A

Codifies the in a new chapter the regulations for shoreline management including:

• Defines applicable terms 
• Describes the eight shoreline environment designations 
• Describes the uses and modifications allowed in each of the shoreline designations 
• Reduces the number of shoreline setbacks from four to one, by utilizing the critical areas buffers currently required for Aquatic Areas of 115 feet in the urban area and 165 feet in the rural area 
• Simplifies the dock regulation for Lakes Washington and Sammamish 
• Establishes standards for “live-aboard” vessels in marinas 
• Clarifies shoreline stabilization requirements 
• Provides for aquaculture in shoreline jurisdiction 
• Includes provisions for a programmatic letter of exemption 
• Clarifies that uses in the Aquatic Environment must be consistent with adjoining shoreline designation 
• Clarifies that temporary real estate signs are allowed in the shoreline jurisdiction 

Eliminates Title 25 from the King County Code

• Recodifies code provisions that are to be carried forward into a new chapter in Title 21A.

King County Comprehensive Plan (KCCP)

Below is a brief summary of the proposed changes included in Proposed Substitute Ordinance 2010-0163:

• Eliminates the Executive's proposed form—base code provisions
• Includes land use and zone map amendments for the Issaquah Highlands proposal
• Adds work program for the Executive to undertake for 2012 KCCP update

Below is a brief summary of the proposed changes included in Proposed Substitute Ordinance 2010-0164:

Chapter 19A.04

• Adds a new definition for “Condominium Declaration"

Chapter 19A.20

• Defers to statute (RCW 58.17.035) to outline what actions can be considered through a binding site plan
• Requires compliance with RCW 64.34.050(1) relating to limits on adding new restrictions

Chapter 19A.28

• Boundary line adjustment that eliminates lot lines is considered a minor adjustment. Department may specify format and requirements

Chapter 20.20 

• Information presented at the pre-application conference is valid for one year 
• Establishes procedures for pre-application community meetings required prior to filing a permit application for certain uses 
• Requires notice of application for Type 1 permits that are subject to pre-application community meetings 
• By January 12, 2012, provide electronic notice of Type 1 permits that do not otherwise require a notice of application 
• The department may deny or cancel a permit if an applicant fails to provide acceptable studies, reports, or other information after two requests 
• A quarterly report requirement on department efforts to ensure that environmental protections are maintained during implementation of 1996 regulatory reform ordinance
• A citizens oversight to review implementation of 1996 regulatory reform ordinance

Chapter 20.24

• Clarifies standards used by the hearing examiner (during quasi-judicial hearings) when deciding whether to approve a rezone or shoreline environment re-designation

Chapter 21A.06 

• Clarifies that in Title 21A, the terms "subdivision" and "short subdivision" mean the same, unless the context indicates otherwise

Chapter 21A.08 

• Revises punctuation on the land use table to clarify that the development conditions apply to two separate and specific Amusement and Recreation Services land uses to located in the Urban Reserve and Urban Residential zones 
• Allows museums and libraries in the R12- R48 zones as a permitted use, and requires a pre-application community meeting 
• Allows conference centers in the CB zone as a permitted use 
• Allows miscellaneous repair facilities in the A and RA zones as a permitted use when accessory to a forestry or agricultural use 
• Allows social service uses as a permitted use in the residential zones and the NB zone when reusing a surplus non-residential facility, with a pre-application community meeting. Otherwise, use is allowed as a conditional use 
• Allows self-service storage as a permitted use in the R12-48 zones when accessory to an apartment development of at least 12 units 
• Allows small department stores, food stores, restaurants, florists, book stores, and drug stores in the R12-48 zones as a permitted use, subject to conditions and with a pre-application community meeting 
• Allow food processing and wineries and breweries in the NB, CB, and RB zones as permitted uses, subject to conditions

Chapter 21A.12

• Sets the interior setback for reuse of an existing residential building as a social service agency office at 10 feet In the NB zone
• Deletes a provision that appears to allow buildings in the setback if the building is on a lot line

Chapter 21A.20 

• Allows cottage housing as a permitted use in the R1 – R8 zones, with a pre-application community meeting.
• Allows bed and breakfasts in the A zone as a permitted use under the same conditions as in the RA zone

Chapter 21A.24

• Allows new on-site septic system or well as an allowed alteration in wetland and aquatic area buffer, but not in a severe channel migration hazard area
• If a wetland or aquatic area buffer includes a steep slope, the buffer is the greater of the buffer specified for the critical area or the top of the slope

Chapter 21A.32

• Temporary use permits are valid for one year.
• Temporary use permit may be renewed annually for up to five years

Chapter 21A.37 

• Specifies that a TDR sending site must be a buildable lot for the zone in which it is located. 
• Specifies minimum lot size for TDR sending sites created prior to September 17, 2001.
• Allows funds from TDR bank sales to a city to be used to pay for amenities in the city. No more than 1/3 of the proceeds of the sale may be used for that purpose

Chapter 23.02

• Complainant appeals are limited to water quality, clearing and grading, and critical area violations

Chapter 23.36

• Limits complainant appeals to water quality, clearing and grading, and critical area violations

Chapter 23.50

• Allows up to ten years to enforce a lien imposed as part of a code enforcement action.