Title 20
PLANNING
CURRENT THROUGH
MEETING: 3-26-12
Chapters:
20.10 COUNTYWIDE
PLANNING POLICIES
20.20 PROCEDURES
FOR LAND USE PERMIT APPLICATIONS, PUBLIC NOTICE, HEARINGS AND APPEALS
20.36 OPEN
SPACE, AGRICULTURAL, AND TIMBER LANDS CURRENT USE ASSESSMENT
20.44 COUNTY
ENVIRONMENTAL PROCEDURES
20.54 AGRICULTURAL
LANDS POLICY*
20.62 PROTECTION
AND PRESERVATION OF LANDMARKS, LANDMARK SITES AND DISTRICTS
CROSS REFERENCE:
For provisions regarding nondelinquent property tax certification, see K.C.C.
chapter 4.68.
Sections:
20.04.005 Relationship
to Comprehensive Plan and Growth Management Act.
20.04.010 Catchline
legality.
20.04.030 Procedural conflicts.
20.04.005 Relationship to
Comprehensive Plan and Growth Management Act. The provisions of Ordinance 11653 relating
to zoning and development review are hereby enacted as a development regulation
to be consistent with and implement the comprehensive plan in accordance with
RCW 36.70A.120. (Ord. 11653 § 1, 1995).
20.04.010 Catchline legality. Section captions
as used in this title do not constitute any part of the law. (Ord. 263 Art. 8 § 1, 1969).
20.04.030 Procedural conflicts. In case of
conflict, provisions of this title take precedence over procedures presently
contained in Title 19 and Title 21A.
(Ord. 11653 § 2, 1995: Ord. 263
Art. 8 § 3, 1969).
Sections:
20.08.030 Area zoning.
20.08.035 Benchmarks.
20.08.060 subarea
plan.
20.08.070 Comprehensive plan.
20.08.090 Council.
20.08.100 Department.
20.08.105 Development regulations.
20.08.107 Docket.
20.08.120 Examiner.
20.08.132 Functional plans.
20.08.160 Reclassification.
20.08.170 Site-specific comprehensive plan land use
map amendment.
20.08.030 Area zoning. "Area
zoning" as used in this title is synonymous with the terms of
"rezoning or original zoning" as used in the King County charter and
means procedures initiated by King County which result in the adoption or
amendment of zoning maps on an area wide basis.
This type of zoning is characterized by being comprehensive in nature,
deals with distinct communities, specific geographic areas and other types of
districts having unified interests within the county. Area zoning, unlike a reclassification,
usually involves many separate properties under various ownerships and utilizes
several of the zoning classifications available to express the county
20.08.035 Benchmarks.
"Benchmarks" means
quantifiable measures used to monitor the outcomes of public policy. (Ord. 13147 § 11, 1998).
20.08.060 Subarea plan. "subarea
plan" means detailed local land use plan which implements and is an
element of the comprehensive plan containing specific policies, guidelines and
criteria adopted by the council to guide development and capital improvement
decisions within specific subareas of the county. The subareas of the county shall consist of
distinct communities, specific geographic areas or other types of districts
having unified interests or similar characteristics within the county. Subarea
plans may include: community plans,
which have been prepared for large unincorporated areas; potential annexation
area plans, which have been prepared for urban areas that are designated for
future annexation to a city; neighborhood plans, which have been prepared for
small unincorporated areas; and plans addressing multiple areas having common
interests. The relationship between the
1994 King County Comprehensive Plan and subarea plans is established by K.C.C.
20.12.015.(Ord. 13147 § 5, 1998: Ord.
11653 § 3, 1995: Ord. 3669 § 2, 1978:
Ord. 263 Art. 1 (part), 1969).
20.08.070 Comprehensive plan.
"Comprehensive plan" means the principles, goals, objectives,
policies and criteria approved by the council to meet the requirements of the
Washington State Growth Management Act, and,
A. as
a beginning step in planning for the development of the county;
B. as
the means for coordinating county programs and services;
C. as
policy direction for official regulations and controls; and
D. as
a means for establishing an urban/rural boundary;
E. as
a means of promoting the general welfare.
(Ord. 11653 § 4, 1995: Ord. 263
Art. 1 § 7, 1969).
20.08.090 Council. "Council" means the
metropolitan
20.08.100 Department. "Department" means the
department or office responsible for comprehensive planning as provided in
K.C.C. 2.16. (Ord. 13147 § 7, 1998: Ord.
3669 § 3, 1978: Ord. 263 Art. 1 § 9, 1969).
20.08.105 Development regulations. "Development regulations" means the
controls placed on development or land use activities by the county including,
but not limited to, zoning ordinances, critical areas ordinances, shoreline
master programs, official controls, planned unit development ordinances,
subdivision ordinances and binding site plan ordinances, together with any
amendments thereto. A development
regulation does not include a decision to approve a project permit application,
as defined in RCW 36.70B.020, even though the decision may be expressed in an
ordinance by the county. (Ord. 13147 §
13, 1998).
20.08.107 Docket.
"Docket" (noun) means the list of suggested changes to the
comprehensive plan or development regulations maintained by the
department. "Docket" (verb)
means to record with the department a suggested change to the comprehensive
plan or development regulations. (Ord.
13147 § 14, 1998).
20.08.120 Examiner. "Examiner" means the
hearing examiner as established by K.C.C. chapter 20.24. (Ord. 13147 § 9, 1998: Ord. 263 Art. 1 § 11, 1969).
20.08.132 Functional plans. "Functional plans" are detailed
plans for facilities and services and action plans for other governmental
activities. Functional plans should be consistent with the Comprehensive Plan,
define service levels, provide standards, specify financing methods which are
adequate, stable and equitable, be the basis for scheduling facilities and
services through capital improvement programs and plan for facility maintenance. Functional plans are not adopted to be part
of the capital facilities plan element of the Comprehensive plan. (Ord. 11653 § 5, 1995).
20.08.160 Reclassification.
"Reclassification" means a change in the zoning classification
by procedures initiated by an individual or a group of individuals who, during
the intervals between area zoning map adoptions, wishes to petition for a
change in the zoning classification which currently applies to their individual
properties. (Ord. 263 Art. 1 § 15, 1969).
20.08.170 Site-specific comprehensive plan land use map
amendment. "Site-specific
comprehensive plan land use map amendment" means an amendment to the
comprehensive plan land use map which includes one property or a small group of
specific properties. (Ord. 13147 § 12,
1998).
Sections:
20.10.010 Phased implementation.
20.10.020 Phase I policies adopted.
20.10.030 Phase II.
20.10.040 Ratification for unincorporated
20.10.050 Effective date - ratification.
20.10.060 Implementation.
20.10.065 Joint planning agreements.
20.10.070 Interlocal
agreements.
20.10.075 Joint planning agreement - Black Diamond.
20.10.076 Joint planning agreement -
20.10.010 Phased implementation. The county will
implement the major planning requirements of the Growth Management Act (GMA) in
three phases, each accompanied by the appropriate scope and level of
environmental review pursuant to both the GMA and the State Environmental
Policy Act (SEPA) and fiscal review.
Phase I is the adoption of the Countywide Planning Policies for the
purposes described in K.C.C. 20.10.020.
Phase II is the process for refinement of Countywide Planning Policies
through proposed amendments to them, and the preparation of an SEIS and a
fiscal analysis. Phase II, which will
begin upon adoption of the Countywide Planning Policies, is described in
Section 20.10.030. Phase III is the
review and adoption of amendments to the King County Comprehensive Plan. Phase III will incorporate any changes made
to the Countywide Planning Policies in Phase II. (Ord. 10450 § 1, 1992).
20.10.020 Phase I policies adopted.
A.
The Countywide Planning Policies attached to Ordinance 10450* are
hereby approved and adopted for purposes of complying with RCW 36.70A.210 to
begin the process of city review and ratification; to provide a policy
framework for developing and updating jurisdictions
B.
The Countywide Planning Policies are amended to remove Policy FW-2c,
Policy LU-27 and Policy LU-59, as shown on Attachment A to Ordinance 10840*.
C.
The Countywide Planning Policies are amended to include in the Urban
Growth Area (UGA) the parcels adjacent to the city of Issaquah as shown in
Attachment A to Ordinance 11061*.
(Ord. 11061 § 1, 1993: Ord. 10840
§ 1, 1993: Ord. 10450 § 2, 1992).
20.10.030 Phase II.
A. The Phase II Amendments to the King County
2012 Countywide Planning Policies attached to Ordinance 11446* are hereby
approved and adopted.
B. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to
Ordinance 12027*.
C. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance
12421*.
D. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachments 1 and
2 to Ordinance 13260*.
E. The Phase II Amendments to the King County
2012 – Countywide Planning Policies are amended, as shown by Attachments 1
through 4 to Ordinance 13415*.
F. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachments 1
through 3 to Ordinance 13858*.
G. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to
Ordinance 14390*.
H. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to
Ordinance 14391*.
I. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to
Ordinance 14392*.
J. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to
Ordinance 14652*.
K. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachments 1
through 3 to Ordinance 14653*.
L. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to
Ordinance 14654*.
M. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to
Ordinance 14655*.
N. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachments 1 and
2 to Ordinance 14656*.
O. The Phase II Amendments to the King County
2012 – Countywide Planning Polices are amended, as shown by Attachment A to
Ordinance 14844*.
P. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended as shown by Attachments A, B
and C to Ordinance 15121*.
Q. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment A to
Ordinance 15122*.
R. The Phase II Amendments to the King County
2012 - Countywide Planning Policies are amended, as shown by Attachment A to
Ordinance 15123*.
S. Phase II Amendments to the King County 2012 -
Countywide Planning Policies are amended, as shown by Attachments A and B to
Ordinance 15426*.
T. Phase II Amendments to the King County 2012 -
Countywide Planning Policies are amended, as shown by Attachments A, B and C to
Ordinance 15709.*
U. Phase II Amendments to the King County 20.12
- Countywide Planning Policies are amended, as shown by Attachment A to
Ordinance 16056*.
V. Phase II Amendments to the King County 2012 -
Countywide Planning Policies are amended, as shown by Attachments A, B, C, D,
E, F and G to Ordinance 16151*.
W. Phase II Amendments to the King County 2012 -
Countywide Planning Policies are amended as shown by Attachment A to Ordinance
16334*, and those items numbered 1 though 11, 13 and 15 as shown on Attachment
B to Ordinance 16334*, are hereby ratified on behalf of the population of
unincorporated King County. Those items
numbered 12 and 14, shown as struck-through on Attachment B to Ordinance 16334*,
are not ratified.
X. Phase II Amendments to the King County 2012 -
Countywide Planning Policies are amended as shown by Attachment A to Ordinance
16335*.
Y. Phase II Amendments to the King County 2012 -
Countywide Planning Policies are amended as shown by Attachment A to Ordinance
16336*.
Z. Phase II Amendments to the King County 2012 -
Countywide Planning Policies are amended, as shown by Attachment A and B to
Ordinance 16747*.
AA. Phase II Amendments to the King County 2012 -
Countywide planning Policies are amended, as shown by attachments A and B to
Ordinance 16912*. (Ord. 16912 § 2, 2010: Ord. 16747 § 2, 2010: Ord. 16336 § 2, 2008:
Ord. 16335 § 2, 2008: Ord.
16334 § 2, 2008: Ord. 16056 § 1, 2008: Ord. 15709,
§ 2, 2007: Ord. 15426 §
2, 2006: Ord. 15123 § 2, 2005: Ord. 15122 § 2, 2005: Ord. 15121 § 2, 2005: Ord. 14844 § 2, 2004:
Ord. 14656 § 2, 2003: Ord. 14655 §
2, 2003: Ord. 14654 § 2, 2003:
Ord. 14653 § 2, 2003: Ord. 14652 §
2, 2003: Ord. 14392 § 2, 2002: Ord. 14391 § 2, 2002: Ord. 14390 § 2, 2002:
Ord. 13858 § 2, 2000: Ord. 13415
§ 2, 1999: Ord. 13260 § 2, 1998: Ord. 12421 § 2, 1996: Ord. 12027 § 2, 1995: Ord. 11446 § 2, 1994: Ord. 10450 § 3, 1992).
*Available in the office of the clerk
of the council.
20.10.040 Ratification for unincorporated
A. Countywide Planning Policies adopted by
Ordinance 10450* for the purposes specified are hereby ratified on behalf of
the population of unincorporated King County.
B. The amendments to the Countywide Planning
Policies adopted by Ordinance 10840* are hereby ratified on behalf of the
population of unincorporated King County.
C. The amendments to the Countywide Planning
Policies adopted by Ordinance 11061* are hereby ratified on behalf of the
population of unincorporated King County.
D. The Phase II Amendments to the King County
2012 Countywide Planning Policies adopted by Ordinance 11446 are hereby
ratified on behalf of the population of unincorporated King County.
E. The amendments to the King County - 2012
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 12027*, are
hereby ratified on behalf of the population of unincorporated King County.
F. The amendments to the King County - 2012
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 12421*, are
hereby ratified on behalf of the population of unincorporated King County.
G. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments 1 and 2 to Ordinance
13260*, are hereby ratified on behalf of the population of unincorporated King
County.
H. The amendments to the King County 2012 –
Countywide Planning Policies, as shown by Attachment 1 through 4 to Ordinance
13415*, are hereby ratified on behalf of the population of unincorporated King
County.
I. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments 1 through 3 to Ordinance
13858* are hereby ratified on behalf of the population of unincorporated King
County.
J. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14390*, are
hereby ratified on behalf of the population of unincorporated King County.
K. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14391*, are
hereby ratified on behalf of the population of unincorporated King County.
L. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14392*, are
hereby ratified on behalf of the population of unincorporated
M. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14652*, are
hereby ratified on behalf of the population of unincorporated
N. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments 1 through 3 to Ordinance
14653*, are hereby ratified on behalf of the population of unincorporated King
County.
O. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14654*, are
hereby ratified on behalf of the population of unincorporated King County.
P. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14655*, are
hereby ratified on behalf of the population of unincorporated King County.
Q. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments 1 and 2 to Ordinance
14656*, are hereby ratified on behalf of the population of unincorporated King
County.
R. The amendments to the King County 2012 –
Countywide Planning Policies, as shown by Attachment A to Ordinance 14844*, are
hereby ratified on behalf of the population of unincorporated
S. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments A, B and C to Ordinance
15121*, are hereby ratified on behalf of the population of unincorporated King
County.
T. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment A to Ordinance 15122*, are
hereby ratified on behalf of the population of unincorporated King County.
U. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment A to Ordinance 15123*, are
hereby ratified on behalf of the population of unincorporated King County.
V. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments A and B to Ordinance
15426*, are hereby ratified on behalf of the population of unincorporated
W. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments A, B and C to Ordinance
15709*, are hereby ratified on behalf of the population of unincorporated
X. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment A to Ordinance 16056* are
hereby ratified on behalf of the population of unincorporated King County.
Y. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments A, B, C, D, E, F and G to
Ordinance 16151*, are hereby ratified on behalf of the population of
unincorporated King County.
Z. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment A to Ordinance 16334*, and
those items numbered 1 through 11, 13 and 15, as shown in Attachment B to
Ordinance 16334*, are hereby ratified on behalf of the population of
unincorporated King County. Those items
numbered 12 and 14, shown as struck-through on Attachment B to Ordinance 16334*,
are not ratified.
AA. The amendments to the King County 2012 -
Countywide Planning Polices, as shown by Attachment A to Ordinance 16335* are
hereby ratified on behalf of the population of unincorporated King County.
BB. The amendment to the King County 2012 -
Countywide Planning Policies, as shown by Attachment A of Ordinance 16336*, is
hereby ratified on behalf of the population of unincorporated King County. Additionally, by Ordinance 16336*, an
amendment to the Interim Potential Annexation Area Map to include any
additional unincorporated urban land created by the Urban Growth Area (UGA)
amendment in the Potential Annexation Area of the city of Black Diamond is
hereby ratified on behalf of the population of unincorporated King County.
CC. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachment A and B to Ordinance 16747*
are hereby ratified on behalf of the population of unincorporated King County.
DD. The amendments to the King County 2012 -
Countywide Planning Policies, as shown by Attachments A and B to Ord. 16912*
are hereby ratified on behalf of the population of unincorporated King County. (Ord. 16912 § 3, 2010: Ord. 16747 § 3, 2010: Ord. 16336 § 3, 2008:
Ord. 16335 § 3, 2008: Ord. 16334 §
3, 2008: Ord.
16056 § 2, 2008: Ord. 15709 §
3, 2007: Ord. 15426 § 4, 2006:
Ord. 15123 § 3, 2005: Ord. 15122 § 3, 2005: Ord. 15121 § 3, 2005: Ord. 14844 § 3, 2004:
Ord. 14656 § 3, 2003: Ord. 14655 §
3, 2003: Ord. 14654 § 3, 2003:
Ord. 14653 § 3, 2003: Ord. 14652 §
3, 2003: Ord. 14392 § 3, 2002:
Ord. 14391 § 3, 2002: Ord. 14390 §
3, 2002: Ord. 13858 § 3,
2000: Ord. 13415 § 3, 1999: Ord. 13260 § 3, 1998: Ord. 12421 § 3, 1996: Ord. 12027 § 3, 1995: Ord. 11446 § 3, 1994: Ord. 11061 § 2, 1993: Ord. 10840 § 2, 1993: Ord. 10450 § 4, 1992).
*Available at the office of the clerk
of the council.
20.10.050 Effective date - ratification.
A. The Countywide Planning Policies adopted by
Ordinance 10450* shall become effective when ratified by ordinance
or resolution by at least thirty percent of the city and county governments
representing seventy percent of the population of King County according to the interlocal agreement.
A city shall be deemed to have ratified the Countywide Planning Policies
unless, within ninety days of adoption by King County, the city by legislative
action disapproves the Countywide Planning Policies.**
B. The Countywide Planning Policies adopted by
Ordinance 10840* shall become effective when ratified by Ordinance or
resolution by at least thirty percent of the city and county governments
representing seventy percent of the population of King County according to the interlocal agreement.
A city shall be deemed to have ratified the Countywide Planning Policies
unless, within ninety days of adoption by King County, the city by legislative
action disapproves the Countywide Planning Policies.
C. The Countywide Planning Policies adopted by
Ordinance 11061* shall become effective when ratified by Ordinance or
resolution by at least thirty percent of the city and county governments
representing seventy percent of the population of King County according to the interlocal agreement.
A city shall be deemed to have ratified the Countywide Planning Policies
unless, within ninety days of adoption by
D. The King County - 2012 Countywide Planning
Policies adopted by Ordinance 11446* shall become effective when ratified by
ordinance or resolution by at least thirty percent of the city and county
governments, representing seventy percent of the population of King County
according to the interlocal agreement. A city shall
be deemed to have ratified the King County - 2012 Countywide Planning Policies
unless, within ninety days of adoption by King County, the city by legislative
action disapproves the King County 2012 Countywide Planning Policies.***
E. The amendments to the King County - 2012
Countywide Planning Policies, adopted by Ordinance 12027* shall become
effective when ratified by ordinance or resolution by at least thirty percent
of the city and county governments representing seventy percent of the
population of King County according to the interlocal
agreement. A city shall be deemed to
have ratified the
*Reviser’s notes:
*Available
at the office of the clerk of the council.
**Motion 8794 passed on September 28,
1992, found that the Countywide Planning Policies were ratified.
***Motion 9424, passed on December 5,
1994, found that these policies were ratified.
20.10.060 Implementation. Land capacity availability and redevelopment
assumptions that underlie the recommended Urban Growth Area will be closely
monitored by the metropolitan
20.10.065
Joint planning agreements.
A. Ordinance 11446, UGA map in Appendix 1 is
hereby amended as shown on the attached recommendation (to Ordinance 11581)*
for the city of Renton and is further amended by Attachment 1 to Ordinance
12081*.
B. Ordinance 11446, UGA map in Appendix 1 is
hereby amended as shown on the attached recommendation (to Ordinance 11582)* for
the city of Snoqualmie.
C. Ordinance 11446, UGA map in Appendix 1 is
hereby amended as shown on the attached recommendation (to Ordinance 11585)*
for the city of Redmond. Development of this site should be required to protect
significant tree stands, views from the valley and maintain the current rural
look of the site. Setbacks and development limitations on the western portion
of the properties should be utilized to maintain a buffer from agricultural
lands of the
D. Ordinance 11446, UGA map in Appendix 1 is
hereby amended as shown on the attached recommendation (to Ordinance 11593)*
for the city of Issaquah. The overlay
designation for the Issaquah Joint Planning Area (as shown in Attachment 1 to Ordinance 12062)* shall be deleted from the
Countywide Planning Policies UGA map and said area shall remain under King
County jurisdiction with a KCCP "rural" land use designation.
E.
Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown in
Attachment 1 to Ordinance 12535* for the city of North Bend. The joint planning area designation for the
North Bend Planning Area shall be deleted from the Countywide Planning Policies
UGA map and replaced with a UGA designation for all parcels except for the
following eight parcels which shall be given a rural designation: 1423-089-019, 1423-089-029, 2323-089-033,
1423-089-020, 7334-601-410, 2323-089-004, 5703-010-240, and 2323-089-065. (Ord. 12535 § 2, 1996: Ord. 12081 § 2, 1995: Ord. 12062 § 1, 1995: Ord. 11593, 1994: Ord. 11585 § 1-2, 1994:
Ord. 11582 § 1, 1994: Ord. 11581 § 1,
1994).
*Available
in the office of the clerk of the council.
20.10.070 Interlocal
agreements. The county executive
shall develop and propose to the council a process to enter into interlocal agreements relating to each city's potential
annexation area. The process shall
include consultation with affected special purpose districts. (Ord. 10450 § 7, 1992).
20.10.075 Joint planning agreement - Black Diamond.
A. Overlay
Designation Deleted. The overlay
designation for the Black Diamond Joint Planning Area (as shown on Attachment A
to Ordinance 12065)* shall be deleted from the Countywide Growth
Pattern map.
B.
Comprehensive Plan Land Use Map and Zoning Map Amended. The King County Comprehensive Plan, King
County Comprehensive Plan Land Use Map (Attachment B to Ordinance 12065)*
and Zoning Map shall be amended as follows:
1. 782.2 acres, shall be designated
"Rural City Urban Growth Area" on the King County Comprehensive Plan
Land Use Map as shown on Appendix A provided that no more than 597.2 acres,
shall be designated for future urban development and the remainder shall be
designated Open Space Lands consistent with the terms of the Black Diamond
Urban Growth Area (UGA) Agreement adopted by Ordinance 12534.
2. Until annexation the Rural
City Urban Growth Area shall be zoned UR-P Urban Reserve, with the p-suffix
condition that requires development to be consistent with the terms of the
Black Diamond UGA Agreement as shown on Appendix B.
3. The county in Ordinance 12534
has adopted the Black Diamond UGA agreement which when executed by the parties
shall govern annexation of the Black Diamond UGA.
C.
Development Proposal Within City Exempt.
Nothing in this section shall affect the city
D.
Non-Severability. Each provision
of this section is integral with all provisions hereof, and if any provision of
this section is determined to be invalid or unenforceable for any reason, then
this section shall be invalid and unenforceable in its entirety. In such event, the UGA of the city will be
limited to the 1995 incorporated boundaries of the city. (Ord. 12533 § 3, 1996: Ord. 12065, 1995).
*Available
in the office of the clerk of the council.
20.10.076 Joint planning agreement - Renton. The Urban Growth
Area as adopted by the Metropolitan King County Council in Ordinance 11575
adopting the 1994 King County Comprehensive Plan is hereby amended as follows:
A.
Overlay Designation Deleted. The
overlay designation of the Renton Joint Planning Area as shown on Attachment I to Ordinance 12081*
shall be deleted from the Countywide Growth Pattern map and shall remain under
King County jurisdiction with King County Comprehensive Plan land use
designations and zoning.
B.
Comprehensive Plan Land Use Map and Zoning Map Amended. Referencing Attachment I to Ordinance 12081*,
the King County Comprehensive Plan Land Use Map and Zoning Map each shall be
amended as follows:
1. The Urban Growth Area (UGA)
boundary shall be shifted eastward to include new land within the UGA totaling
approximately 59 acres. The original
Renton Joint Planning Area comprised 57 acres.
Of that 57 acres, the westernmost 29 acres shall be included in the
Urban Growth Area. The remaining,
easternmost 28 acres of the original 57-acre Renton Joint Planning Area shall
be designated as part of the Rural Area and approximately 30 acres between the
existing and proposed new alignments of the Elliott Bridge and its road
connection to the Maple Valley Highway shall be included in the Urban Growth
Area. The inclusion of the 30-acre
portion between the existing and new alignments of the Elliott Bridge in the
UGA is hereby ratified on behalf of the population of unincorporated King
County, and shall become effective when ratified by ordinance or resolution by
at least thirty percent of the city and county governments representing seventy
percent of the population of King County, as provided by the Countywide
Planning Policies.
2. The new 59 acres within the
UGA shall be designated "Greenbelt/Urban Separator" on the Land Use
Plan Map and zoned "Urban Reserve" on the Zoning Map. (Ord. 12081 § 1, 1995).
*Available
in the office of the clerk of the council.
Sections:
20.12.010 Comprehensive Plan adopted.
20.12.015 Relationship of Comprehensive Plan to previously adopted
plans, policies and
land use
regulations.
20.12.017 Conversion and consolidation of zoning.
20.12.050 Zoning, potential zoning, property-specific development
standards, special district
overlays, regional
use designations and interim zoning.
20.12.051 The Comprehensive Plan 2000 zoning amendments
20.12.090 Park development policies.
20.12.100 Real property asset management plan.
20.12.150 Affordable housing capital facilities
plan.
20.12.200 Shoreline master program.
20.12.205 Land use and development regulations
within the shoreline jurisdiction - King County
Code
section enumerated - State Department of Ecology approval required.
20.12.240
20.12.325
20.12.337 West Hill community plan.
20.12.380
20.12.433 King County Nonmotorized
Transportation Plan.
20.12.435 King County Arterial HOV Transportation
Plan.
20.12.460
20.12.461 Federal Way Public Schools District
Capital Facilities Plan.
20.12.462
20.12.463
20.12.464
20.12.465
20.12.466
20.12.467
20.12.468
20.12.469
20.12.470
20.12.471
20.12.472 Renton School District Capital Facilities
Plan.
20.12.480 King County Flood Hazard Reduction Plan
Policies.
20.12.485 Potential Annexation Area Process.
[See
K.C.C. chapter 20.14 for Basin Plans]
20.12.010 Comprehensive Plan adopted.
A.
Under the King County Charter, the state Constitution and the Washington
state Growth Management Act, chapter 36.70A RCW, the 1994 King County
Comprehensive Plan is adopted and declared to be the Comprehensive Plan for
King County until amended, repealed or superseded.
B.
The amendments to the 1994 King County Comprehensive Plan contained in Appendix
A* to Ordinance 12061 (King County Comprehensive Plan 1995 amendments) are
hereby adopted.
C.
The amendments to the 1994 King County Comprehensive Plan contained in
Attachment A* to Ordinance 12170 are hereby adopted to comply with the Central
Puget Sound Growth Management Hearings Board Decision and Order in
D.
The Vashon Town Plan contained in Attachment 1* to Ordinance 12395 is
adopted as a subarea plan of the King County Comprehensive Plan and, as such,
constitutes official county policy for the geographic area of unincorporated
King County defined in the plan and amends the 1994 King County Comprehensive
Plan Land Use Map.
E.
The amendments to the 1994 King County Comprehensive Plan contained in
Appendix A* to Ordinance 12501 are hereby adopted to comply with the Order of
the Central Puget Sound Growth Management Hearings Board in Copac-Preston
Mill, Inc., et al, v. King County, Case No. 96-3-0013 as amendments to the King
County Comprehensive Plan.
F.
The amendments to the 1994 King County Comprehensive Plan contained in
Appendix A* to Ordinance 12531 (King County Comprehensive Plan 1996 amendments)
are hereby adopted as amendments to the King County Comprehensive Plan.
G.
The Black Diamond Urban Growth Area contained in Appendix A* to
Ordinance 12533 is hereby adopted as an amendment to the King County
Comprehensive Plan.
H.
The 1994 King County Comprehensive Plan and Comprehensive Plan Land Use
Map are amended to include the area shown in Appendix A* of Ordinance 12535 as
Rural City Urban Growth Area. The
language from Ordinance 12535, Section 1.D., shall be placed on Comprehensive
Plan Land Use Map page #32 with a reference marker on the area affected by
Ordinance 12535.
I.
The amendments to the 1994 King County Comprehensive Plan contained in
Appendix A* to Ordinance 12536 (1997 Transportation Need Report) are hereby
adopted as amendments to the King County Comprehensive Plan.
J.
The amendments to the 1994 King County Comprehensive Plan contained in
Appendix A* to Ordinance 12927 (King County Comprehensive Plan 1997 amendments)
are hereby adopted as amendments to the King County Comprehensive Plan.
K.
The amendments to the 1994 King County Comprehensive Plan contained in
the 1998 Transportation Needs Report, contained in Appendices A and B* to
Ordinance 12931 and in the supporting text, are hereby adopted as amendments to
the King County Comprehensive Plan.
L.
The amendments to the 1994 King County Comprehensive Plan contained in
Appendix A* to Ordinance 13273 (King County Comprehensive Plan 1998 amendments)
are hereby adopted as amendments to the King County Comprehensive Plan.
M.
The 1999 Transportation Needs Report contained in Attachment A* to
Ordinance 13339 is hereby adopted as an amendment to the 1994 King County
Comprehensive Plan, Technical Appendix C, and the amendments to the 1994 King
County Comprehensive Plan contained in Attachment B* to Ordinance 13339 are
hereby adopted as amendments to the King County Comprehensive Plan.
N.
The amendments to the 1994 King County Comprehensive Plan contained in
Attachment A* to Ordinance 13672 (King County Comprehensive Plan 1999
amendments) are hereby adopted as amendments to the King County Comprehensive
Plan.
O.
The 2000 Transportation Needs Report contained in Attachment A* to
Ordinance 13674 is hereby adopted as an amendment to the 1994 King County
Comprehensive Plan, Technical Appendix C.
P.
The Fall City Subarea Plan contained in Attachment A* to Ordinance 13875
is adopted as a subarea plan of the King County Comprehensive Plan and, as
such, constitutes official county policy for the geographic area of
unincorporated King County defined in the plan.
The Fall City Subarea Plan amends the 1994 King County Comprehensive
Plan land use map by revising the
Q.
The amendments to the King County Comprehensive Plan contained in
Attachment A* to Ordinance 13875 are hereby adopted as amendments to the King
County Comprehensive Plan.
R.
The
S.
The amendments to the 1994 King County Comprehensive Plan Land Use Map
contained in Attachment A* to Ordinance 13987 are hereby adopted to comply with
the Central Puget Sound Growth Management Hearings Board Decision and Order on
Supreme Court Remand in Vashon-Maury
Island, et. al. v.
T.
The 2001 transportation needs report contained in Attachment A* to
Ordinance 14010 is hereby adopted as an amendment to the 1994 King County
Comprehensive Plan, technical appendix C.
U.
The amendments to the 1994 King County Comprehensive Plan contained in
Attachments A, B and C* to Ordinance 14044 (King County Comprehensive Plan
2000) are hereby adopted as amendments to the King County Comprehensive
Plan. Attachment A* to Ordinance 14044
amends the policies, text and maps of the Comprehensive Plan. Amendments to the policies are shown with
deleted language struck out and new language underlined. The text and maps in Attachment A* to
Ordinance 14044 replace the previous text and maps in the Comprehensive
Plan. Attachment B* to Ordinance 14044
contains technical appendix A (capital facilities), which replaces technical
appendix A to the King County Comprehensive Plan, technical appendix C
(transportation), which replaces technical appendix C to the King County
Comprehensive Plan, and technical appendix M (public participation), which is a
new technical appendix that describes the public participation process for the
King County Comprehensive Plan 2000.
Attachment C* to Ordinance 14044 includes amendments to the King County
Comprehensive Plan Land Use Map. The
land use amendments contained in Attachment C* to Ordinance 14044 are adopted
as the official land use designations for those portions of unincorporated King
County defined in Attachment C* to Ordinance 14044.
V.
The Snoqualmie Urban Growth Area Subarea Plan contained in Attachment A*
to Ordinance 14117 is adopted as a subarea plan of the King County
Comprehensive Plan and, as such, constitutes official county policy for the
geographic area of unincorporated King County defined in the plan. Attachment B* to Ordinance 14117 amends the
King County Comprehensive Plan 2000 land use map by revising the Urban Growth
Area for the City of Snoqualmie.
Attachment C* to Ordinance 14117 amends the policies of the Comprehensive
Plan.
W.
The Snoqualmie Urban Growth Area Subarea Plan area zoning amendments in
Attachment D* to Ordinance 14117 are adopted as the zoning control for those
portions of unincorporated
X.
The amendments to the King County Comprehensive Plan 2000 contained in
Attachment B* to Ordinance 14156 are hereby adopted as amendments to the King
County Comprehensive Plan.
Y.
The amendments to the King County Comprehensive Plan 2000 contained in
Attachment A* to Ordinance 14185 are hereby adopted as amendments to the King
County Comprehensive Plan in order to comply with the order of the Central
Puget Sound Growth Management Hearings Board in Green Valley et al, v. King County, CPSGMHB Case No. 98-3-0008c,
Final Decision and Order (1998) and the order of the Washington Supreme
Court in King County v. Central Puget
Sound Growth Management Hearings Board, 142 Wn.2d 543, 14 P.3d 133 (2000).
Z.
The amendments to the King County Comprehensive Plan 2000 contained in
Attachment A* to Ordinance 14241 (King County Comprehensive Plan
2001 Amendments) are hereby adopted as amendments to the King County
Comprehensive Plan.
AA.
The amendment to the King County Comprehensive Plan 2000 contained in
Attachment A* to Ordinance 14286 is hereby adopted as an amendment to the King
County Comprehensive Plan in order to comply with the Central Puget Sound
Growth Management Hearings Board’s Final Decision and Order in Forster Woods Homeowners’ Association and
Friends and Neighbors of Forster Woods, et al. v. King County, Case No.
01-3-0008c (Forster Woods), dated November 6, 2001.
BB.
The amendments to the King County Comprehensive Plan 2000 contained in
Attachment A* to Ordinance 14448 (King County Comprehensive Plan 2002
Amendments) are hereby adopted as amendments to the King County Comprehensive
Plan.
CC.
The amendments to the King County Comprehensive Plan 2000 contained in
Attachment A* to Ordinance 14775 (King County Comprehensive Plan 2003
Amendments) are hereby adopted as amendments to the King County Comprehensive
Plan.
DD.
The amendments to the King County Comprehensive Plan 2000 contained in
Attachments A, B, C, D and E* to Ordinance 15028 (King County Comprehensive
Plan 2004) are hereby adopted as amendments to the King County Comprehensive
Plan. Attachment A, Part I*, to
Ordinance 15028 amends the policies, text and maps of the Comprehensive
Plan. Attachment A, Part II*, to
Ordinance 15028 includes amendments to the King County Comprehensive Plan Land
Use Map. The land use amendments
contained in Attachment A, Part II*, to Ordinance 15028 are adopted as the
official land use designations for those portions of unincorporated King County
defined in Attachment A, Part II*, to Ordinance 15028. Attachment B* to Ordinance 15028 contains
Technical Appendix A (Capital Facilities), which replaces technical appendix A
to the King County Comprehensive Plan.
Attachment C* to Ordinance 15028 contains Technical Appendix B
(Housing), which replaces Technical Appendix B to the King County Comprehensive
Plan. Attachment D* to Ordinance 15028
contains Technical Appendix C (Transportation), which replaces Technical
Appendix C to the King County Comprehensive Plan 2000. Attachment E* to Ordinance 15028 contains
Technical Appendix D (Growth Targets and the Urban Growth Area 2004).
EE.
The 2004 transportation needs report contained in Attachment A* to
Ordinance 15077 is hereby adopted as an amendment to the 2004 King County
Comprehensive Plan, technical appendix C.
FF.
The amendments to the King County Comprehensive Plan 2004 contained in
Attachment A* to Ordinance 15244 (King County Comprehensive Plan 2005
Amendments) are hereby adopted as amendments to the King County Comprehensive
Plan.
GG.
Attachment A* to Ordinance 15326, which is the King County Comprehensive
Plan Sammamish Agricultural Production District Subarea Plan dated November 7,
2005, is hereby adopted as an amendment to the 2004 King County Comprehensive
Plan, as amended, in order to comply with the Central Puget Sound Growth
Management Hearings Board's Final Decision and Order in Maxine Keesling v. King County, Case No.
04-3-0024 (Keesling III), dated May 31, 2005.
HH.
The amendments to the King County Comprehensive Plan 2004 contained in
Attachments A, B, C and D* to Ordinance 15607 are hereby adopted as amendments
to the King County Comprehensive Plan.
Attachment A* to Ordinance 15607 (Amendment to the King County Comprehensive
Plan 2004) amends the policies and maps of the King County Comprehensive
Plan. Attachment B* to Ordinance 15607 contains
technical appendix O (Regional Trail Needs Report). Attachment C* to Ordinance 15607 amends King
County Comprehensive Plan, Technical Appendix C (Transportation), by replacing
the transportation needs report.
Attachment D* to Ordinance 15607 amends King County Comprehensive Plan,
Technical Appendix C (Transportation), by replacing the arterial functional
classification map.
II.
Attachment A* to Ordinance 15772, which is the King County Comprehensive
Plan Juanita Firs Subarea Plan, dated February 20, 2007, is hereby adopted as
an amendment to the King County Comprehensive Plan as amended.
JJ.
The amendments to the King County Comprehensive Plan 2004 contained in
Attachments A, B, C, D, E and F* to Ordinance 16263 are hereby adopted as
amendments to the King County Comprehensive Plan. Attachment A* to Ordinance 16263 amends the
policies, text and maps of the Comprehensive Plan and amends King County
Comprehensive Plan Land Use Zoning. The
land use amendments contained in Attachment A* to Ordinance 16263 are adopted
as the official land use designations for those portions of unincorporated King
County defined in Attachment A* to Ordinance 16263. Attachment B* to Ordinance 16263 contain[s]
Technical Appendix A (Capital Facilities), which replaces Technical Appendix A
to the King County Comprehensive Plan 2004.
Attachment C* to Ordinance 16263 contains Technical Appendix B (Housing),
which replaces Technical Appendix B to the King County Comprehensive Plan
2004. Attachment D* to Ordinance 16263 contains
Technical Appendix C (Transportation), which replaces Technical Appendix C to
the King County Comprehensive Plan 2004.
Attachment E* to Ordinance 16263 contains the transportation needs
report, which replaces the transportation needs report in Technical Appendix C
to the King County Comprehensive Plan 2004.
Attachment F* to Ordinance 16263 contains Technical Appendix D (Growth Targets
and the Urban Growth Area 2008).
KK.
The amendments to the 2008 King County Comprehensive Plan, contained in
Attachments A, B and C* to Ordinance 16949 are hereby adopted as amendments to
the King County Comprehensive Plan.
Attachment A* to Ordinance 16949 is Technical and Editorial Corrections,
dated March 1, 2010. Attachment B* to Ordinance
16949 is the King County Issaquah Highlands Area Zoning Study, dated September
13, 2010. Attachments A and B* to Ordinance
16949 amend policies, text and maps of the Comprehensive Plan and amend King
County Comprehensive Plan Land Use Zoning.
The land use amendments contained in Attachment B* to Ordinance 16949
are adopted as the official land use designations for those portions of
unincorporated King County defined in Attachment B* to Ordinance 16949. Attachment C* to Ordinance 16949 is the 2010
update of the Transportation Needs Report and amends the 2008 King County
Comprehensive Plan, Technical Appendix C.
LL.
The amendments to the King County Comprehensive Plan 2008 contained in
Attachment A* to Ordinance 16985 are hereby adopted as amendments to the King
County Comprehensive Plan. Attachment A*
to Ordinance 16985 amends the policies and goals of the King County Shoreline
Master Program, consistent with chapter 90.58 RCW and chapter 173-26 WAC, and
adds a new chapter 5 to the King County Comprehensive Plan. (Ord. 16985 § 2, 2010: Ord. 16949 § 2, 2010: Ord. 16263 § 2, 2008: Ord. 15772 § 1, 2007: 15607 § 1, 2006: Ord. 15326 § 1, 2005: Ord. 15244 § 1, 2005: Ord. 15077 § 1, 2004: Ord. 15028 § 2,
2004: Ord. 14775 § 2, 2003: Ord. 14448 § 1, 2002: Ord. 14286 § 2, 2002: Ord. 14241 § 1, 2001: Ord. 14185 § 3, 2001: Ord. 14156 § 1, 2001: Ord. 14117 § 1, 2001: Ord. 14044 § 1, 2001: Ord. 14010 § 1, 2000: Ord. 13987 § 4, 2000: Ord. 13962 § 2, 2000: Ord. 13875 § 1, 2000: Ord. 13674 § 1, 1999:
Ord. 13672 § 1, 1999: Ord. 13339 § 1,
1998: Ord. 13273 § 1, 1998: Ord. 12931 § 2, 1997: Ord. 12927 § 1, 1997: Ord. 12824 § 1, 1997: Ord. 12536 § 2, 1996: Ord. 12535 § 3, 1996: Ord. 12533 § 1, 1996: Ord. 12531 § 1, 1996: Ord. 12501 § 2, 1996: Ord. 12395 § 2, 1996: Ord. 12170 § 1, 1995: Ord. 12061 § 1, 1995: Ord. 11575 § 1, 1994: Ord. 10237, 1992: Ord. 9490, 1990: Ord. 7178 § 1, 1985: Ord. 5319 §§ 2-4, 1981: Ord.
4686 § 2, 1980: Ord. 4305 § 1, 1979: Ord. 263 Art. 2 § 1, 1969).
*Available in the office of the
clerk of the council.
20.12.015 Relationship of Comprehensive Plan to
previously adopted plans, policies, and land use regulations. The 1994 King
County Comprehensive Plan shall relate to previously adopted plans, policies
and land use regulations as follows:
A.
The previously adopted White Center Action Plan and West Hill Community
Plan are consistent with the 1994 King County Comprehensive Plan and are
adopted as elements of the comprehensive plan.
B.
Where conflicts exist between community plans and the comprehensive
plan, the comprehensive plan shall prevail;
C.
Pending or proposed subarea plans or plan revisions and amendments to
adopted land use regulations, that are adopted on or after November 21, 1994,
shall conform to all applicable policies and land use designations of the 1994
King County Comprehensive Plan;
D.
Unclassified use permits and zone reclassifications, that are pending or
proposed on or after
1. For aspects of proposals where
both the comprehensive plan and a previously adopted community plan have applicable
policies or land use plan map designations that do not conflict, both the
comprehensive plan and the community plan shall govern;
2. For aspects of proposals where
both the comprehensive plan and a previously adopted community plan have applicable
policies or plan map designations that conflict, the comprehensive plan shall
govern; and
3. For aspects of proposals where
either the comprehensive plan or a previously adopted community plan, but not
both, has applicable policies or plan map designations, the plan with the
applicable policies or designations shall govern;
E.
Vested applications for subdivisions, short subdivisions and conditional
uses for which significant adverse environmental impacts have not been
identified may rely on existing zoning to govern proposed uses and densities.
Subdivisions, short subdivisions and conditional uses also may rely on specific
facility improvement standards adopted by ordinance, including but not limited
to street improvement, sewage disposal and water supply standards, that
conflict with the comprehensive plan but shall be conditioned to conform to all
applicable comprehensive plan policies on environmental protection, open space,
design, site planning and adequacy of on-site and off-site public facilities
and services, in cases where specific standards have not been adopted;
F.
Vested permit applications for proposed buildings and grading and
applications for variances, when categorically exempt from the procedural
requirements of the state Environmental Policy Act, may rely on existing zoning
and specific facility improvement standards adopted by ordinance; and
G.
Nothing in this section shall limit the county
20.12.017 Conversion and consolidation of zoning. The following
provisions complete the zoning conversion from Title 21 to Title 21A pursuant
to K.C.C. 21A.01.070:
A.
Ordinance 11653 adopts area zoning to implement the 1994 King County
Comprehensive Plan pursuant to the Washington State Growth Management Act RCW
36.760A. Ordinance 11653 also converts
existing zoning in unincorporated King County to the new zoning classifications
in the 1993 Zoning Code, codified in Title 21A, pursuant to the area zoning
conversion guidelines in K.C.C. 21A.01.070.
The following are adopted as attachments* to Ordinance 11653:
Appendix A: 1994 Zoning Atlas, dated November 1994, as
amended December 19, 1994.
Appendix B: Amendments to Bear Creek Community Plan
P-Suffix Conditions.
Appendix C: Amendments to Federal Way Community Plan
P-Suffix Conditions.
Appendix D: Amendments to Northshore
Community Plan P-Suffix Conditions.
Appendix E: Amendments to Highline Community Plan
P-Suffix Conditions.
Appendix F: Amendments to Soos
Creek Community Plan P-Suffix Conditions.
Appendix G: Amendments to Vashon Community Plan P-Suffix
Conditions.
Appendix H: Amendments to
Appendix I: Amendments to Snoqualmie Valley Community
Plan P-Suffix Conditions.
Appendix J: Amendments to Newcastle Community Plan
P-Suffix Conditions.
Appendix K: Amendments to Tahoma/Raven Heights Community
Plan P-Suffix Conditions.
Appendix L: Amendments to Enumclaw Community Plan
P-Suffix Conditions.
Appendix M: Amendments to West Hill Community Plan
P-Suffix Conditions.
Appendix N: Amendments to Resource Lands Community Plan
P-Suffix Conditions.
Appendix O: 1994 Parcel List, as amended December 19,
1994.
Appendix P: Amendments considered by the council January
9, 1995.
B.
Area zoning adopted by Ordinance 11653, including potential zoning, is
contained in Appendices A and O*.
Amendments to area-wide P-suffix conditions adopted as part of community
plan area zoning are contained in Appendices B through N*. Existing P-suffix conditions whether adopted
through reclassifications or community plan area zoning are retained by
Ordinance 11653 except as amended in Appendices B through N*.
C.
The department is hereby directed to correct the official zoning map in
accordance with Appendices A through P* of Ordinance 11653.
D.
The 1995 area zoning amendments attached to Ordinance 12061 in Appendix
A* are adopted as the official zoning control for those portions of
unincorporated King County defined therein.
E.
Amendments to the 1994 King County Comprehensive Plan area zoning,
Ordinance 11653 Appendices A through P*, as contained in Attachment A* to Ordinance
12170 are hereby adopted to comply with the Decision and Order of the Central
Puget Sound Growth Management Hearings Board in Vashon-Maury Island, et. al. v.
F.
The Vashon Town Plan Area Zoning, attached to Ordinance 12395 as
Attachment 2*, is adopted as the official zoning control for that portion of
unincorporated King County defined therein.
G.
The 1996 area zoning amendments attached to Ordinance 12531 in Appendix
A* are adopted as the official zoning control for those portions of
unincorporated King County defined therein.
Existing p-suffix conditions whether adopted through reclassifications
or area zoning are retained by Ordinance 12531.
H.
The black Diamond Urban
Growth Area Zoning Map attached to Ordinance 12533 as Appendix B* is adopted as
the official zoning control for those portions of unincorporated King County
defined therein. Existing p-suffix
conditions whether adopted through reclassifications or area zoning are
retained by Ordinance 12533.
I.
The King County Zoning Atlas is amended to include the area shown in
Appendix B* as UR - Urban Reserve, one DU per 5 acres. Existing p-suffix conditions whether adopted
through reclassifications or area zoning are retained by Ordinance 12535. The language from Ordinance 12535, Section
1.D., shall be placed on the King County Zoning Atlas page #32 with a reference
marker on the area affected by Ordinance 12535.
J.
The Northshore Community Plan Area Zoning is
amended to add the Suffix "-DPA, Demonstration Project Area", to the
properties identified on Map A* attached to Ordinance 12627.
K.
The special district overlays, as designated on the map attached to
Ordinance 12809 in Appendix A*, are hereby adopted pursuant to K.C.C.
21A.38.020 and 21A.38.040.
L.
the White Center Community Plan Area Zoning, as revised in the
Attachments* to Ordinance 11568, is the official zoning for those portions of
M.
Ordinance 12824 completes the zoning conversion process begun in
Ordinance 11653, as set forth in K.C.C. 21A.01.070, by retaining, repealing,
replacing or amending previously adopted p-suffix conditions or
property-specific development standards pursuant to K.C.C. 21A.38.020 and
K.C.C. 21A.38.030 as follows:
1. Resolutions 31072, 32219,
33877, 33999, 34493, 34639, 35137, and 37156 adopting individual zone
reclassifications are hereby repealed and p-suffix conditions are replaced by
the property specific development standards as set forth in Appendix A* to
Ordinance 12824.
2. All ordinances adopting
individual zone reclassifications effective prior to February 2, 1995,
including but not limited to Ordinances 43, 118, 148, 255, 633, 1483, 1543,
1582, 1584, 1728, 1788, 2487, 2508, 2548, 2608, 2677, 2701, 2703, 2765, 2781,
2840, 2884, 2940, 2958, 2965, 2997, 3239, 3262, 3313, 3360, 3424, 3494, 3496,
3501, 3557, 3561, 3641, 3643, 3744, 3779, 3901, 3905, 3953, 3988, 4008, 4043,
4051, 4053, 4082, 4094, 4137, 4289, 4290, 4418, 4560, 4589, 4703, 4706, 4764,
4767, 4867, 4812, 4885, 4888, 4890, 4915, 4933, 4956, 4970, 4978, 5087, 5114,
5144, 5148, 5171, 5184, 5242, 5346, 5353, 5378, 5453, 5663, 5664, 5689, 5744,
5752, 5755, 5765, 5854, 5984, 5985, 5986, 6059, 6074, 6113, 6151, 6275, 6468,
6497, 6618, 6671, 6698, 6832, 6885, 6916, 6966, 6993, 7008, 7087, 7115, 7207,
7328, 7375, 7382, 7396, 7583, 7653, 7677, 7694, 7705, 7757, 7758, 7821, 7831,
7868, 7944, 7972, 8158, 8307, 8361, 8375, 8427, 8452, 8465, 8571, 8573, 8603,
8718, 8733, 8786, 8796, 8825, 8858, 8863, 8865, 8866, 9030, 9095, 9189, 9276,
9295, 9476, 9622, 9656, 9823, 9991, 10033, 10194, 10287, 10419, 10598, 10668,
10781, 10813, 10970, 11024, 11025, 11271, and 11651, are hereby repealed and
p-suffix conditions are replaced by the property specific development standards
as set forth in Appendix A* to Ordinance 12824.
3. All ordinances establishing
individual reclassifications effective after February 2, 1995, are hereby
amended, as set forth in Appendix C* to Ordinance 12824, to retain, repeal or
amend the property specific development standards (p-suffix conditions)
contained therein.
4. All ordinances adopting area
zoning pursuant to Resolution 25789 or converted by Ordinance 11653 are
repealed as set forth in subsections a through n. All p-suffix conditions contained therein are
repealed or replaced by adopting the property specific development standards as
set forth in Appendix A* to Ordinance 12824, the special district overlays as
designated in Appendix B* to Ordinance 12824 or the special requirements as
designated in Appendix A* to Ordinance 12822.
a. The Highline Area Zoning
attached to Ordinance 3530*, as amended, is hereby repealed.
b. The Shoreline Community Plan
Area Zoning, attached to Ordinance 5080 as Appendix B*, as amended, is hereby
repealed.
c. The Newcastle Community Plan
Area Zoning, attached to Ordinance 6422 as Appendix B*, as amended is hereby
repealed.
d. The Tahoma/Raven Heights
Community Plan Area Zoning, attached to Ordinance 6986 as Appendix B*, as
amended, is hereby repealed.
e. The Revised Federal Way area
zoning, adopted by Ordinance 7746, as amended, is hereby repealed.
f. The Revised Vashon Community
Plan Area Zoning, attached to Ordinance 7837 as Appendix B*, as amended, is hereby
repealed.
g. The Bear Creek Community Plan
Area Zoning, attached to Ordinance 8846 as Appendix B*, as amended, is hereby
repealed.
h. The Resource Lands Area
Zoning, adopted by Ordinance 8848, as amended, is hereby repealed.
i. The Snoqualmie
Valley Community Plan Area Zoning, as adopted by Ordinance 9118, is hereby
repealed.
j. The Enumclaw Community Plan
Area Zoning attached* to Ordinance 9499, as amended, is hereby repealed.
k. The Soos
Creek Community Plan Update Area Zoning, adopted by Ordinance 10197, Appendix
B*, as amended, is hereby repealed.
l. The Northshore
Area Zoning adopted by Ordinance 10703 as Appendices B and E*, as amended, is
hereby repealed.
m. The East Sammamish Community
Plan Update Area Zoning, as revised in Appendix B* attached to Ordinance 10847,
as amended, is hereby repealed.
n. The West Hill Community Plan
Area Zoning adopted in Ordinance 11116, as amended, is hereby repealed.
5. All ordinances adopting area
zoning pursuant to Title 21A and not converted by Ordinance 11653, including
community or comprehensive plan area zoning and all subsequent amendments
thereto, are amended as set forth in subsections a through f. All property specific development standards
(p-suffix conditions) are retained, repealed, amended or replaced by the
property specific development standards as set forth in Appendix A* to
Ordinance 12824, the special district overlays as designated in Appendix B* to
Ordinance 12824 or the special requirements as designated in Appendix A* to
Ordinance 12822.
a. The White Center Community
Plan Area Zoning, contained in the Attachments* to Ordinance 11568, as
subsequently amended, is hereby further amended as set forth in Appendix D*.
b. All property specific
development standards established in Ordinance 11653, as amended, are hereby
amended as set forth in Appendix E*.
c. All property specific
development standards established in Attachment A* to Ordinance 11747, as
amended, are hereby amended as set forth in Appendix F*.
d. All property specific
development standards established in Ordinance 12061, as amended, are hereby
amended as set forth in Appendix G*.
e. All property specific
development standards established in Ordinance 12065, as amended, are hereby
amended as set forth in K.C.C. 20.12.170.
f. All property specific
development standards established in Attachment A* to Ordinance 12170, as
amended, are hereby amended as set forth in Appendix H*. (Ord. 12824 § 2, 1997: Ord. 12809 § 2, 1997: Ord. 12627 § 6, 1996: Ord. 12535 § 4, 1996: Ord. 12533 § 2, 1996: Ord. 12531 § 2, 1996: Ord. 12395 § 3, 1996: Ord. 12170 § 2, 1995: Ord. 12061 § 2,
1995: Ord. 11653 § 6, 1995).
*Available in the office of the clerk of the council.
20.12.050 Zoning, potential zoning, property-specific
development standards, special district overlays, regional use designations and
interim zoning. Zoning adopted pursuant to this section shall constitute
official zoning for all of unincorporated
A.
Official zoning, including but not limited to p-suffix, so-suffix and
potential zoning, is contained in the SITUS file and is depicted on the
official zoning maps, as maintained by the department of development and
environmental services.
B.
Appendix A of Ordinance 12824, as amended by Ordinance 15028, is hereby
adopted to constitute and contain all property-specific development standards
(p-suffix conditions) applicable in unincorporated King County. The property
specific development standards (p-suffix conditions) in effect or hereinafter amended
shall be maintained by the department of development and environmental services
in the Property Specific Development Conditions notebook. Any adoption, amendment or repeal of
property-specific development standards shall amend, pursuant to this section,
Appendix A* of Ordinance 12824 as currently in effect or hereafter amended.
C.
Appendix B* of Ordinance 12824, as amended by Ordinance 14044 [and] as
amended by Ordinance 15028, is hereby adopted to constitute and contain special
district overlays applied through Ordinance 12824. The special district overlays in effect or
hereinafter amended shall be maintained by the department of development and
environmental services in the Special District Overlay Application Maps
notebook. Any adoption, amendment or
repeal of special district overlays shall amend, pursuant to this section,
Appendix B* of Ordinance 12824 as currently in effect or hereafter amended. (Ord. 15028 § 4, 2004: Ord. 14044 § 3, 2001:
Ord. 12824 § 3, 1997).
*Available in the office of the
clerk of the council.
*Available in the office of the
clerk of the council.
The executive shall update the
current and future space needs and implementation plans of the real property
asset management plan and submit them to the council as amendments to the real
property asset management plan by March 1 of every other year, beginning on
March 1, 2006. (Ord. 17171 § 2, 2011: Ord. 15328
§ 2, 2005: Ord. 14515 § 1, 2002: Ord. 10810 § 1, 1993).
*Available in the office of the
clerk of the council.
20.12.150 Affordable housing capital facilities plan.
A.
The goals, policies, objectives and strategies and the short range work
program and mid-range work program contained in the revised Executive Proposed
Affordable Housing Policy Plan dated September, 1987* are adopted as a
functional plan of the King County Comprehensive Plan. As an amplification and augmentation of the
King County Comprehensive Plan they constitute official county policy which
affect housing supply, conditions, occupancy, cost, design, mix and location.
B.
The forecast of low-income housing needs, inventory of existing housing
facilities, proposed locations of new facilities, and six-year financing plan
contained in the Housing Capital Funding Plan set forth in Attachment A* to
Ordinance 10315 are adopted as the low-income housing capital facilities subelement of the capital facilities element of the King
County Comprehensive Plan. As an
amplification and augmentation of the King County Comprehensive Plan, the
low-income housing subelement constitutes county
policy guidance for selection and funding of low-income housing projects to be
included in the annual, adopted capital improvement program. (Ord. 10315 § 1, 1992: Ord. 8279, 1987).
*Available in the office of the
clerk of the council.
20.12.200 Shoreline master program. The King County
shoreline master program consists of the following elements:
A.
The King county shoreline management goals and policies in chapter 5 of
the King County comprehensive Plan. The
shoreline management goals and policies constitute the official policy of
B.
The King County Code sections identified in K.C.C. 20.12.205. (Ord. 16985 § 3, 2010: Ord. 3692 § 2, 1978).
20.12.205 Land use and development regulations within
the shoreline jurisdiction - King County Code section enumerated - state
Department of Ecology approval required.
The following King County Code
sections in effect as of December 10, 2010, are adopted as land use and
development regulations within the shoreline jurisdiction:
A.
The following sections within K.C.C. Title 20:
1. K.C.C. 20.18.040;
2. K.C.C. 20.18.050;
3. K.C.C. 20.18.056;
4. K.C.C. 20.18.057;
5. K.C.C. 20.18.058; and
6. K.C.C. 20.24.510.
B.
The following sections within K.C.C. Title 21A:
1. K.C.C. 21A.06.358;
2. K.C.C. 21A.06.118;
3. K.C.C. 21A.06.156;
4. K.C.C. 21A.06.333A;
5. K.C.C. 21A.06.401;
6. K.C.C. 21A.06.469;
7. K.C.C. 21A.06.573;
8. K.C.C. 21A.06.653;
9. K.C.C. 21A.06.738;
10. K.C.C. 21A.06.118
11. K.C.C. 21A.06.796;
12. K.C.C. 21A.06.796A;
13. K.C.C. 21A.06.892;
14. K.C.C. 21A.06.913;
15. K.C.C. 21A.06.971;
16. K.C.C. 21A.06.1081;
17. K.C.C.
21A.06.1082A;
18. K.C.C. 21A.06.1082B;
19. K.C.C. 21A.06.1082C;
20. K.C.C. 21A.06.1082D;
21. K.C.C. 21A.06.1083;
22. K.C.C. 21A.06.1083A;
23. K.C.C. 21A.06.1268;
*Available in the
office of the clerk of the council.
24. K.C.C. 21A.06.1385A;
25. K.C.C. 21A.06.1386;
26. K.C.C. 21A.06.1388;
27. K.C.C. 21A.06.1389;
28. K.C.C. 21A.24.045;
29. K.C.C. 21A.24.051;
30. K.C.C. 21A.24.055;
31. K.C.C. 21A.24.070A., D. and
E.;
32. K.C.C. 21A.24.125;
33.
K.C.C. 21A.24.130;
34. K.C.C. 21A.24.133;
35. K.C.C. 21A.24.200;
36. K.C.C. 21A.24.210;
37. K.C.C. 21A.24.220;
38. K.C.C. 21A.24.240;
39. K.C.C. 21A.24.250;
40. K.C.C. 21A.24.260;
41. K.C.C. 21A.24.275;
42. K.C.C. 21A.24.280;
43. K.C.C. 21A.24.290;
44. K.C.C. 21A.24.300;
45. K.C.C. 21A.24.310;
46. K.C.C. 21A.24.316;
47. K.C.C. 21A.24.325;
48. K.C.C. 21A.24.335;
49. K.C.C. 21A.24.340;
50. K.C.C. 21A.24.358;
51. K.C.C. 21A.24.365;
52. K.C.C. 21A.24.380;
53. K.C.C. 21A.24.382;
54. K.C.C. 21A.24.386;
55. K.C.C. 21A.24.388;
56. K.C.C. 21A.32.045;
57. K.C.C. 21A.50.030;
58. K.C.C. 21A.06.182;
59. K.C.C. 21A.06.825; and
60. K.C.C. chapter 21A.25.
C.
Amendments to the land use and development regulations included in
subsections A. and B. of this section must be approved by the Washington state
Department of Ecology before they become land use and development regulations
within the shoreline jurisdiction. (Ord.
16985 § 4, 2010).
20.12.240
*Available in the office of the
clerk of the council.
20.12.325 Vashon Town Plan.
A.
The Vashon Town Plan dated June 1994, a bound and published document, as
revised by the Vashon Town Plan Committee through November 29, 1995 is to be
reviewed by the Metropolitan King County Council and adopted as an initial
subarea plan for the Vashon Town Planning Area by March 31, 1996. (Ord. 12061 § 4, 1995).
20.12.337 West Hill community plan.
A.
The West Hill Community Plan, a bound and published document, as revised
in the Attachments* to Ordinance 11166 is adopted as an amplification and
augmentation of the Comprehensive Plan for King County and as such constitutes
official county policy for the geographic area of unincorporated King County
defined therein. (Ord. 12824 § 11,
1997: Ord. 12061 § 3, 1995: Ord. 11653 § 20, 1995: Ord. 11166 § 2, 1993).
*Available in the office of the
clerk of the council.
20.12.380
*Available
in the office of the clerk of the council.
Reviser's Note: Ordinance 2169, previously adopting the area zoning for
Upper Skykomish, was repealed and replaced by
Ordinance 8848 (Ord. 8848 § 6).
Resolution 30981, previously adopting area zoning in unincorporated King
County in the vicinity of Auburn, was amended as shown in Appendix A as amended
by Appendix B to Ordinance 8848 (Ord. 8848 § 7). Resolution 31360, previously adopting area
zoning in unincorporated King County in the vicinity of Kent, was amended as
shown in Appendix A as amended by Appendix B to Ordinance 8848 (Ord. 8848 §
8). K.C.C. 20.12.390 was repealed by
Ord. 12824 § 16.
20.12.433 King County Nonmotorized
Transportation Plan.
A. The King County Nonmotorized Transportation Plan, dated March 1993*,
attached to Ordinance 10812, is adopted as the nonmotorized
transportation functional plan implementing related policies established in the
adopted King County Comprehensive Plan, and constitutes an amplification and
augmentation of official county policy with regard to transportation issues.
B.
The Nonmotorized Transportation Plan shall be
implemented through:
1. Integration of nonmotorized projects into the annual transportation
project priority process and the annual six year capital improvement program.
2. Updating the King County road
standards.
3. County road maintenance,
operating revisions and improvements.
4. Pursuit of additional public
and private capital, maintenance and program funds at the local, regional,
state and federal level for nonmotorized
improvements.
5. Providing an overall guide for
the coordination, development and implementation of the nonmotorized
element of the county transportation system.
(Ord. 11620 § 18, 1994).
*Available
in the office of the clerk of the council.
20.12.435 King County Arterial HOV Transportation Plan.
A. The King County Arterial HOV Transportation Plan,
dated March 1993*, is adopted as the arterial HOV transportation functional
plan implementing related policies established in the adopted King County
Comprehensive Plan, and constitutes an amplification and augmentation of
official county policy with regard to transportation issues.
B.
The Arterial HOV Transportation Plan shall be implemented through:
1. Integration of HOV projects
into the annual transportation project priority process and the annual six year
capital improvement program.
2. Updating the King County road
standards.
3. County road maintenance,
operating revisions and improvements.
4. Pursuit of additional public
and private capital, maintenance and program funds at the local, regional,
state and federal level for HOV improvements.
5. Providing
an overall guide for the coordination, development and implementation of the
HOV element of the county transportation system. (Ord. 11620 § 19, 1994).
*Available
in the office of the clerk of the council.
20.12.460
*Available in the office of the clerk of the council.
20.12.461 Federal Way Public Schools District Capital
Facilities Plan.
The Federal Way Public Schools 2012 Capital Facilities Plan, undated,
which is included in Attachment B* to Ordinance 17220 and is incorporated
herein by reference, is adopted as a subelement of
the capital facilities element of the King County Comprehensive Plan. (Ord. 17220 § 3, 2011: Ord. 16963 § 3, 2010: Ord. 16698 § 3, 2009:
Ord. 16311 § 3, 2008: Ord. 15965
§ 3, 2007: Ord. 15636 § 2, 2006:
Ord. 15331 § 2, 2005: Ord. 15076 § 2, 2004: Ord. 14802 §
3, 2003: Ord. 14525 § 3, 2002:
Ord. 14258 § 3, 2001: Ord. 14009
§ 3, 2000: Ord. 13673 § 3, 1999: Ord. 13338 § 3, 1998: Ord. 12928 § 3, 1997: Ord. 12532 § 3, 1996: Ord. 12063 § 3, 1995: Ord. 11569 § 3, 1994: Ord. 11037 § 3, 1993: Ord. 10470 § 2, 1992).
*Available in the office of the clerk of the council.
20.12.462
*Available in the office of the clerk of the council.
20.12.463
*Available in the office of the clerk of the council.
20.12.464 Snoqualmie Valley School District Capital
Facilities Plan.
The Snoqualmie Valley School District No. 410 Capital Facilities Plan 2011
adopted June 23, 2011, which is included in Attachment E* to Ordinance 17220 and
is incorporated herein by reference, is adopted as a subelement
of the capital facilities element of the King County Comprehensive Plan. (Ord. 17220 § 6, 2011: Ord. 16698 § 6, 2009: Ord. 16311 § 6, 2008: Ord. 15965
§ 6, 2007: Ord. 15636 § 5,
2006: Ord. 15331 § 5, 2005: Ord. 15076 §
5, 2004: Ord. 14802 § 6, 2003:
Ord. 14525 § 6, 2002: Ord. 14258 § 6, 2001: Ord. 14009 § 6, 2000: Ord. 13673 § 5, 1999: Ord. 13338 § 6, 1998: Ord. 12928 § 6, 1997: Ord. 12532 § 6, 1996: Ord. 12063 § 6, 1995: Ord. 11569 § 6, 1994: Ord. 10722 § 2, 1993).
*Available in the office of the clerk of the council.
20.12.465
*Available in the
office of the clerk of the council.
*Available in the
office of the clerk of the council.
20.12.467
*Available in the
office of the clerk of the council.
20.12.468
*Available in the
office of the clerk of the council.
20.12.469
Enumclaw School District Capital Facilities Plan. The Enumclaw School District No. 216 Capital
Facilities Plan 2011-2016, adopted July 25, 2011, which is included in
Attachment I* to Ordinance 17220 and is incorporated herein by reference, is
adopted as a subelement of the capital facilities
element of the King County Comprehensive Plan.
(Ord. 16963 § 10,
2010: Ord. 16698 § 9, 2009: Ord. 16311 § 10, 2008: Ord. 15965
§ 9, 2007: Ord. 14525 § 10, 2002:
Ord. 14258 § 10, 2001: Ord. 14009
§ 10, 2000: Ord. 13673 § 11, 1999: Ord. 13338 § 11, 1998: Ord. 12928 § 11,
1997: Ord. 12532 § 11, 1996: Ord. 12063 § 11, 1995).
*Available in the
office of the clerk of the council.
20.12.470
*Available in the
office of the clerk of the council.
20.12.471
*Available in the office of the clerk of the council.
20.12.472
Renton School District Capital Facilities Plan. The Renton School District No. 403 Capital
Facilities Plan 2011-2017, dated March 2011, which is included as Attachment L*
to ordinance 17220 and is incorporated herein by reference, is adopted as a subelement of the King County Comprehensive Plan. (Ord. 17220 § 13, 2011).
*Available in the office of the clerk of the council.
20.12.480 King County Flood Hazard Reduction Plan
Policies. The King County
Flood Hazard Management Plan, as shown in Attachment A* to Ordinance 15673 is adopted
as a functional plan to guide King County
*Available in the office of the clerk
of the council.
**Reviser's note: "this chapter 5" is apparently
referring to Chapter 5 of Attachment A to Ordinance 15673.
20.12.485
Potential Annexation Area Process.
The potential annexation area process involves two separate
determinations: the boundaries of the
PAA
Sections:
20.14.010
20.14.020
20.14.025
20.14.030
20.14.040 Hylebos Creek and
20.14.050
20.14.060
20.14.070 Lower Cedar River Basin Plan and
20.14.080 May Creek Basin Action Plan.
20.14.010 Coal Creek Basin Plan. The Coal Creek
Basin Plan, as revised, attached to Ordinance 8380 as Appendix A*, and the
Capital Improvement Project schedule required for Plan implementation, attached
to Ordinance 8380 as Appendix B*, is adopted as an amplification and
augmentation of the Comprehensive Plan for King County, and as such,
constitutes official county policy for the geographic area defined
therein. (Ord. 8380 § 1, 1988).
*Available
in the office of the clerk of the council.
20.14.020
*Available in the
office of the clerk of the council.
20.14.025 Covington Master Drainage Plan.
A.
Adopted. The Covington Master
Drainage Plan dated January 1992, Attachment A to Ordinance 10293*,
as amended by Appendix B of Ordinance 13190*, is hereby adopted, augmenting and
amplifying county policy established in the Soos
Creek Basin Plan with regard to surface water management within the boundaries
of the Covington Master Drainage Plan area as designated by Ordinance 9772.
B.
Special drainage conditions authorized.
The water and land resources division is hereby authorized to revise the
King County Surface Water Design Manual to include a new Appendix with the
following special drainage provisions for development to be applied in the
Covington Master Drainage Plan area:
1. Development proposals in the
Covington Master Drainage Plan area are encouraged to submit plans for shared
surface water management facilities, as defined in the Covington Master
Drainage Plan under regional or subregional surface
water management facilities, that treat and dispose of the runoff from more
than one development. These shared
surface water management facilities shall provide the same level of control and
treatment of surface water as required by the King County Surface Water Design
Manual and relevant sections of this section.
2. Development in the Covington
Master Drainage Plan area that proposes to infiltrate stormwater
generated by the project must submit a plan which includes an amendment to the
off-site analysis pursuant to K.C.C. 9.04.050 identifying the location of
domestic water supply wells within a one mile radius of the proposed
infiltration facilities, and, if any wells are present, provides:
a. an assessment of human health
risks from infiltration, and
b. recommendations for
appropriate measures to mitigate identified health risks.
The plan shall be
reviewed and approved by
3. Development proposed in the
areas with glacial till (Alderwood) soils identified
on Attachment 2 to Ordinance 10293 shall be required to meet level two flow
control when required to provide flow control under the Surface Water Design
Manual.
4. All new commercial and
industrial development in the Covington Master Drainage Plan Area shall be
required to submit a plan identifying the appropriate source controls and best
management practices in accordance with K.C.C. chapter 9.12 The plan shall be reviewed and approved by
5. All commercial and industrial
development proposals shall submit plans for secondary spill containment for
all electrical and mechanical equipment mounted on rooftops and plans showing
the use of relatively inert materials (i.e., vinyl) for roofing and gutter
materials. The plan shall be reviewed
and approved by King County.
6. Developments proposed in the
Covington Master Drainage Plan area within one hundred feet of the edge of
Jenkins Creek 25 or Soos Creek 77 wetlands shall have
wetland buffers established using a sliding scale of buffer width defined as
follows:
|
Buffer Composition |
Buffer Width |
|
|
Feet |
|
100 |
50 |
|
80 |
60 |
|
60 |
70 |
|
40 |
80 |
|
20 |
90 |
|
0 |
100 |
Forests are
defined as the area covered by trees greater than four inches diameter at
breast height and twenty feet in height.
7. Developments in the Covington
Master Drainage Plan Area within one hundred feet of the ordinary high
watermark of Jenkins and Little Soos Creeks shall be
required to re-establish native vegetation in stream buffers where native
vegetation has been destroyed or disturbed.
A plan for revegetation shall be reviewed and
approved by
8. New stream or wetland
crossings by roads or utilities within the Master Drainage Plan area shall not
be permitted unless no practical alternative exists. Plans will be submitted to
9. New developments within one
hundred feet of the ordinary high water mark of Jenkins and Little Soos Creek shall be required to submit plans to restrict
access to the streams and their buffers using fences, barriers and other means
consistent with the recommendations of the Sensitive Areas Ordinance fencing
committee. The plan will be reviewed and
approved by
C.
Conditions authorized. The water
and land resources division is hereby authorized to attach such conditions of
approval to any development as may be necessary to achieve the state standards
for fecal coliform and copper loading, as set out in the Covington Master
Drainage Plan. (Ord. 13190 § 7,
1998: Ord. 10732 § 1, 1993: Ord. 10293 §§ 1, 2, 6, 7, 9, 1992).
*Available
in the office of the clerk of the council.
20.14.030
*Available in the office of the clerk of the council.
20.14.040 Hylebos Creek and
Lower Puget Sound Basin Plan. The executive Proposed Hylebos
Creek and Lower Puget Sound Basin Plan, dated July 1991, Attachment A as amended
in Attachment B to Ordinance 11087* and by Appendix D of Ordinance 13190*, is
adopted to implement surface water management and environmental policies of the
King County Comprehensive Plan. The
executive Proposed Hylebos Creek and Lower Puget
Sound Basin Plan constitutes official county policy with regard to surface
water management in the Hylebos Creek and
*Available in the office of the clerk of the council.
20.14.050
*Available in the office of the clerk of the council.
20.14.060
*Available in the office of the clerk of the council.
20.14.070 Lower Cedar River Basin Plan and Nonpoint
Pollution Action Plan.
A. The Watershed
Management Committee - Proposed Lower Cedar River Basin and Nonpoint Pollution
Action Plan, as shown in Attachment A and as amended in Attachment B to
Ordinance 12809* and Appendix G of Ordinance 13190*, is adopted to implement
the surface water management and environmental policies of the King County
Comprehensive Plan, provided, however, the following conditions shall apply:
1. The executive shall transmit
within thirty days from the council
2. The executive shall transmit
to the council for review by the utilities and natural resources committee with
sixty days of the council
3. The executive shall transmit
to the council for review by the utilities and natural resources committee
within sixty days of the council
The Watershed Management Committee -
Proposed
*Available in the
office of the clerk of the council.
20.14.080
*Available in the
office of the clerk of the council.
Sections:
20.18.020 Purpose.
20.18.030 General procedures.
20.18.040 Site-specific land use map or shoreline master program map
amendment classification.
20.18.050 Site-specific land use map and shoreline master program map
amendments initiation.
20.18.055 Site-specific land use map amendment review standards and
transmittal procedures.
20.18.056 Shoreline environment redesignation.
20.18.057 Redesignation and applications.
20.18.058 Redesignations initiated by motion.
20.18.060 Four-year cycle process.
20.18.070 Annual cycle process.
20.18.080 Subarea plan procedures.
20.18.090 Development regulations preparation.
20.18.100 Description of the amendments.
20.18.110 Notice of public hearing for comprehensive plan amendments and
development regulations.
20.18.120 Notice of public hearing for area zoning.
20.18.130 Amendment process following the conclusion of the public review
and comment period.
20.18.140 Provision for receipt, review of and
response to the docket.
20.18.150 Provision for notice of intent to amend, and
post-adoption notice.
20.18.160 Public participation program, basic elements.
20.18.170 The four to one program – process for
amending the urban growth area to achieve
open
space.
20.18.180 The four to one program – criteria for
amending the urban growth area to achieve
open
space.
20.18.020 Purpose. The purpose of this chapter is
to establish the procedures and review criteria for amending the county’s
comprehensive plan and development regulations and providing for public
participation. Amendments to the
comprehensive plan are the means by which the county may modify its twenty-year
plan for land use, development or growth policies in response to changing
county needs or circumstances. All plan
and development regulation amendments will be reviewed in accordance with the
state Growth Management Act (GMA) and other applicable state laws, the
countywide planning policies, the adopted King County Comprehensive Plan, and
applicable capital facilities plans. All
plan and development regulation amendments will be afforded appropriate public
review pursuant to the provisions of Ordinance 13147. (Ord. 13147 § 18, 1998).
20.18.030 General procedures.
A.
The King County Comprehensive Plan shall be amended in accordance with this
chapter, which, in compliance with RCW 36.70A.130(2), establishes a public
participation program whereby amendments are considered by the council no more
frequently than once a year as part of the amendment cycle established in this
chapter, except that the council may consider amendments more frequently to
address:
1. Emergencies;
2. An appeal of the plan filed
with the Central Puget Sound Growth Management Hearings Board or with the
court;
3. The initial adoption of a
subarea plan, which may amend the urban growth area boundary only to redesignate land within a joint planning area; or
4. An amendment of the capital
facilities element of the Comprehensive Plan that occurs in conjunction with
the adoption of the county budget.
B.
Every year the Comprehensive Plan may be amended to address technical
updates and corrections, and to consider amendments that do not require
substantive changes to policy language, changes to the priority areas map, or
changes to the urban growth area boundary, except as permitted in subsection
B.5, 10. and 12. of this section. This
review may be referred to as the annual cycle.
The Comprehensive Plan, including subarea plans, may be amended in the
annual cycle only to consider the following:
1. Technical amendments to
policy, text, maps or shoreline designations;
2. The annual capital improvement
plan;
3. The transportation needs
report;
4. School capital facility plans;
5. Changes required to implement
an amendment to a joint interlocal/development
agreement in existence on January 1, 2008, between King County, another local
government and one or more private parties, only if the amendment to the joint interlocal/development agreement includes a provision to
alter the urban growth area boundary to add areas to the urban growth area,
requires that an area four times the area that is added to the urban growth
area be permanently designated as park or open space and requires the transfer
of development rights on terms as provided in the amendment;
6. Changes required by existing
Comprehensive Plan policies;
7. Changes to the technical
appendices and any amendments required thereby;
8. Comprehensive updates of
subarea plans initiated by motion;
9. Changes required by amendments
to the countywide planning policies or state law;
10. Redesignation
proposals under the four-to-one program as provided for in this chapter;
11. Amendments necessary for the
conservation of threatened and endangered species; and
12. Site-specific comprehensive
land use map amendments that do not require substantive change to comprehensive
plan policy language and that do not alter the urban growth area boundary,
except to correct mapping errors.
C.
Every fourth year beginning in 2000, the county shall complete a
comprehensive review of the Comprehensive Plan in order to update it as appropriate
and to ensure continued compliance with the GMA. This review may provide for a cumulative
analysis of the twenty-year plan based upon official population growth
forecasts, benchmarks and other relevant data in order to consider substantive
changes to policy language and changes to the urban growth area (UGA). This comprehensive review shall begin one
year in advance of the transmittal and may be referred to as the four-year
cycle. The urban growth area boundaries
shall be reviewed in the context of the four-year cycle and in accordance with
countywide planning policy FW-1 and RCW 36.70A.130. If the county determines that the purposes of
the Comprehensive Plan are not being achieved as evidenced by official population
growth forecasts, benchmarks, trends and other relevant data, substantive
changes to the Comprehensive Plan may also be considered on even calendar
years. This determination shall be
authorized by motion. The motion shall
specify the scope of the even-year amendment, and identify that the resources
necessary to accomplish the work are available.
An analysis of the motion
D.
The executive shall seek public comment on the comprehensive plan and
any proposed comprehensive plan amendments in accordance with the procedures in
K.C.C. 20.18.160 before making a recommendation, in addition to conducting the
public review and comment procedures required by SEPA. The public, including unincorporated area
councils, shall be afforded at least one official opportunity to record public
comment before to the transmittal of a recommendation by the executive to the
council. County-sponsored councils and
commissions may submit written position statements that shall be considered by
the executive before transmittal and by the council before adoption, if they
are received in a timely manner. The
executive
20.18.040 Site-specific land use map or shoreline
master program map amendment classification.
A.
Site-specific land use map or shoreline master program map amendments
may be considered annually or during the four year review cycle, depending on
the degree of change proposed.
B.
The following categories of site-specific land use map amendments or
shoreline master program map may be initiated by either the county or a
property owner for consideration in the annual review cycle:
1. Amendments that do not require
substantive change to comprehensive plan policy language and that do not alter
the urban growth area boundary, except to correct mapping errors; and
2. Four-to-one-proposals.
C.
The following categories of site-specific land use map and shoreline
master program amendments may be initiated by either the county or a property
owner for consideration in four-year review cycle:
1. Amendments that could be
considered in the annual review cycle;
2. Amendments that require
substantive change to comprehensive
plan policy language; and
3. Amendments to the urban growth
area boundary. (Ord. 16985 § 6, 2010: Ord.
14047 § 2, 2001: Ord. 13147 § 20, 1998).
20.18.050 Site-specific land use map and shoreline
master program map amendments initiation.
A.
Site-specific land use map and shoreline master program map amendments
are legislative actions that may only be initiated by property owner application,
by council motion or by executive proposal.
All site-specific land use map and shoreline master program map amendments
must be evaluated by the hearing examiner before adoption by the council in
accordance with this chapter.
1. If initiated by council
motion, the motion shall refer the proposed site-specific land use map or
shoreline master program map amendment to the department of development and
environmental services for preparation of a recommendation to the hearing
examiner. The motion shall also identify
the resources and the work program required to provide the same level of review
accorded to applicant-generated amendments. An analysis of the motion’s fiscal
impact shall be provided to the council before adoption. If the executive determines that additional
funds are necessary to complete the work program, the executive may transmit an
ordinance requesting the appropriation of supplemental funds;
2. If initiated by executive
proposal, the proposal shall refer the proposed site-specific land use map or
shoreline master program map amendment to the department of development and
environmental services for preparation of a recommendation to the hearing
examiner; and
3. If initiated by property owner
application, the property owner shall submit a docketed request for a
site-specific land use map or shoreline master program map amendment. Upon receipt of a docketed request for a
site-specific land use map or shoreline master program map amendment, the
request shall be referred to the department of development and environmental
services for preparation of a recommendation to the hearing examiner.
B.
All proposed site-specific land use map or shoreline master program map amendments,
whether initiated by property owner application, by council motion or by
executive proposal shall include the following:
1. Name and address of the owner
or owners of record;
2. Description of the proposed
amendment;
3. Property description,
including parcel number, property street address and nearest cross street;
4. County assessor
5. Related or previous permit
activity.
C.
Upon initiation of a site specific land use map or shoreline master
program map amendment, an initial review conference will be scheduled by the
department of development and environmental services. The owner or owners of record of the property
shall be notified of and invited to attend the initial review conference. At the initial review conference, the
department will review the proposed amendment’s consistency with applicable
county policies or regulatory enactments including specific reference to
comprehensive plan policies, countywide planning policies and state Growth
Management Act requirements. The
proposed amendment will be classified in accordance with K.C.C. 20.18.040 and
this information either will be provided at the initial review conference or in
writing to the owner or owners of record within thirty days after the initial
review conference.
D.
If a proposed site-specific land use map or shoreline master program map
amendment is initiated by property owner application, the property owner shall,
following the initial review conference, submit the completed application
including an application fee and an environmental checklist to the department
of development and environmental services to proceed with review of the
proposed amendment.
E.
If a proposed site-specific land use map or shoreline master program map
amendment is initiated by council motion, following the initial review
conference, the council shall submit an environmental checklist to the
department of development and environmental services to proceed with review of
the proposed amendment.
F.
If a proposed site-specific land use map or shoreline master program map
amendment is initiated by executive proposal, following the initial review
conference, the executive shall submit an environmental checklist to the
department of development and environmental services to proceed with review of
the proposed amendment.
G.
Following the submittal of the information required by subsections D., E.
or F. of this section, the department of development and environmental services
shall submit a report including an executive recommendation on the proposed
amendment to the hearing examiner within one hundred twenty days. The department of development and
environmental services shall provide notice of a public hearing and notice of
threshold determination in accordance with K.C.C. 20.20.060.F., G., and H. The hearing will be conducted by the hearing
examiner in accordance with K.C.C. 20.24.400.
Following the public hearing, the hearing examiner shall prepare a
report and recommendation on the proposed amendment in accordance with K.C.C.
20.24.400. A compilation of all
completed reports will be considered by the council in accordance with K.C.C.
20.18.070.
H.
A property-owner-initiated for a site-specific land use map or shoreline
master program map amendment may be accompanied by an application for a zone
reclassification to implement the proposed amendment, in which case
administrative review of the two applications shall be consolidated to the
extent practical consistent with Ordinance 13147 and K.C.C. chapter 20.20. The council’s consideration of a site-specific
land use map or shoreline master program map amendment is a legislative
decision which will be determined before and separate from their consideration
of a zone reclassification which is a quasi-judicial decision. If a zone reclassification is not proposed in
conjunction with an application for a site-specific land use map or shoreline
master program map amendment and the amendment is adopted, the property shall
be given potential zoning. A zone
reclassification in accordance with K.C.C. 20.20.020 will be required in order
to implement the potential zoning.
I.
Site-specific land use map or shoreline master program map amendments
for which a completed recommendation by the hearing examiner has been submitted
to the council by January 15 will be considered concurrently with the annual
amendment to the comprehensive plan.
Site specific land use map or shoreline master program map amendments
for which a recommendation has not been issued by the hearing examiner by
January 15 will be included in the next appropriate review cycle following
issuance of the examiner
J.1.
No amendment to a land use designation or shoreline environment
designation for a property may be initiated unless at least three years have
elapsed since council adoption or review of the current designation for the
property. This time limit may be waived
by the executive or the council if the proponent establishes that there exists
either an obvious technical error or a change in circumstances justifying the
need for the amendment.
2. A waiver by the executive
shall be considered after the proponent has submitted a docket request in
accordance with K.C.C. 20.18.140. The
executive shall render a waiver decision within forty-five days of receiving a
docket request and shall mail a copy of this decision to the proponent.
3. A waiver by the council shall
be considered by motion.
K.
A shoreline master program map amendment and redesignation
must meet the requirements of K.C.C. 20.18.056, 20.18.057 and 20.18.058 and the
Washington state Shoreline Master Program Guidelines, chapter 173-26 WAC. A shoreline master program map amendment and redesignation must be approved by the Washington state
Department of Ecology. (Ord. 16985 § 7, 2010: Ord. 16552
§ 1, 2009: Ord.
14561 § 27, 2002: Ord. 14047 § 3,
2001: Ord. 13147 § 21, 1998).
20.18.055 Site-specific land use map amendment review
standards and transmittal procedures.
A. All site-specific land use map amendments,
whether initiated by property owner application, by council motion, or by
executive proposal, shall be reviewed based upon the requirements of
Comprehensive Plan policy RP-307, and must meet the following additional review
standards:
1. Consistency with the policies,
objectives and goals of the Comprehensive Plan, (including any applicable
subarea plans), the countywide planning policies and the state Growth
Management Act;
2. Compatibility with adjacent
and nearby existing and permitted land uses; and
3. Compatibility with the
surrounding development pattern.
B.
Site-specific land use map amendments for which recommendations have
been issued by the hearing examiner by January 15 shall be submitted to the
executive and the council by the hearing examiner by January 15. The department will provide for a cumulative
analysis of these recommendations and such analysis will be included in the
annual March transmittal. All such
amendments will be considered concurrently by the council committee charged with
the review of the comprehensive plan.
Following this review, site-specific land use map amendments which are
recommended by this committee will be incorporated as an attachment to the
adopting ordinance transmitted by the executive for consideration by the full
council. Final action by the council on
these amendments will occur concurrently with the annual amendment to the
comprehensive plan. (Ord. 14047 § 4,
2001).
20.18.056 Shoreline environment redesignation.
A.
Shoreline environments designated by the master program may be considered
for redesignation during the four-year review cycle..
B.
A redesignation shall follow the process in
K.C.C. 20.18.050 (Ord. 16985 § 9,
2010: Ord. 13687 § 2, 1999: Ord. 12196 § 63, 1996: Ord. 5734 § 17, 1981: Ord. 3688 § 813,
1978. Formerly K.C.C. 25.32.130).
20.18.057 Redesignation
applications.
A.
A shoreline redesignation initiated by an
applicant must include the following information in addition to the
requirements in K.C.C. 20.15.050:
1. Applicant information, including signature, telephone number and
address;
2. The applicant’s interest in
the property, such as owner, buyer or consultant;
3. Property owner concurrence,
including signature, telephone number and address;
4. A mitigation plan providing
for significant enhancement of the first one hundred feet adjacent to the
shoreline and improved habitat for species declared as endangered or threatened
under the Endangered Species Act, to the extent that the impacts of development
can be determined at the time of the proposed shoreline redesignation;
and
5. A discussion of how the
proposed shorelines redesignation meets the criteria
in K.C.C. 20.24.510.
B.
The examiner shall make a recommendation to the council based on the
criteria for review in K.C.C. 20.24.510.
(Ord. 16985 § 11, 2010: Ord.
13687 § 3, 1999. Formerly K.C.C.
25.32.140).
20.18.058 Redesignations
initiated by motion.
A. A council motion initiating a shoreline redesignation must be accompanied by the information
required to be provided in K.C.C. 20.18.057 in addition to the requirements in
K.C.C. 20.18.050.
B.
A motion initiating a site-specific shoreline redesignation
must identify the resources and the work program required to provide the same
level of review accorded to an applicant-generated shoreline redesignation.
Before adoption of the motion, the executive shall have the opportunity
to provide an analysis of the motion’s fiscal impact. If the executive determines that additional
funds are necessary to complete the work program, the executive may transmit an
ordinance requesting the appropriation of supplemental funds. The council may consider the supplemental
appropriation ordinance concurrently with the proposed motion referring the
shoreline redesignation proposal to the examiner.
C.
The examiner shall make a recommendation to the council on the proposed
site-specific shoreline redesignation based on the
criteria for review in K.C.C. 20.24.510.
(Ord. 16985 § 13, 2010: Ord.
13687 § 4, 1999. Formerly K.C.C.
25.32.150).
20.18.060 Four-year cycle process.
A.
Beginning in 1999, and every fourth year thereafter the executive shall
transmit to the council by the first business day of March a proposed motion
specifying the scope of work for proposed amendments to the comprehensive plan that will occur in the following year, which motion
shall include the following:
1. topical areas relating to
amendments to policies, the land use map and/or implementing development
regulations that the executive intends to consider for recommendation to the
council; and
2. an attachment to the motion
advising the council of the work program the executive intends to follow to
accomplish SEPA review and public participation.
B.
The council shall have until April 30 to approve the motion. In the absence of council approval, the
executive shall proceed to implement the work program as proposed. If the motion is approved, the work program
shall proceed as established by the approved motion.
C.
Beginning in 2000 and every fourth year thereafter, the executive shall
transmit to the council by the first business day of March a proposed ordinance
amending the comprehensive plan, except that the capital
improvement program and the ordinances adopting updates to the transportation
needs report and the school capital facility plans shall be transmitted no
later than the annual budget transmittal and shall be adopted in conjunction
with the budget. All transmittals shall be accompanied by a public
participation note, identifying the methods used by the executive to ensure
early and continuous public participation in the preparation of
amendments. The note shall specify how
the unincorporated area councils were involved in the comment process. (Ord. 14047 § 5, 2001: Ord. 13147 § 22, 1998).
20.18.070 Annual cycle process.
A.
The executive shall transmit to the council any proposed amendments for
the annual cycle by the first business day of March, except that the capital
improvement program and the ordinances adopting updates to the transportation
needs report and the school capital facility plans shall be transmitted no
later than the annual budget transmittal and shall be adopted in conjunction
with the budget.
B.
All transmittals shall be accompanied by a public participation note,
identifying the methods used by the executive to assure early and continuous
public participation in the preparation of amendments. The note shall specify how the unincorporated
area councils were involved in the comment process.
C.
Proposed amendments, including site-specific land use map amendments,
that are found to require preparation of an environmental impact statement
shall be considered for inclusion in the next amendment cycle following
completion of the appropriate environmental documents. (Ord. 14047 § 6, 2001: Ord. 13147 § 23, 1998).
20.18.080 Subarea plan procedures. Initial subarea plans may be adopted by
ordinance at any time. Subarea plans may
be initiated by motion or by council action which preceded the adoption of Ordinance
13147. If initiated by motion, the
motion shall specify the scope of the plan, identify the completion date, and
identify that the resources necessary to accomplish the work are
available. The executive will determine
if additional funds are necessary to complete the subarea plan, and may
transmit an ordinance requesting the appropriation of supplemental funds. Amendments to or updates of existing subarea
plans shall be considered in the same manner as amendments to the comprehensive
plan and shall be classified pursuant to K.C.C. 20.18.040, except that
comprehensive updates of subarea plans may be initiated by motion and the
resulting amendments may be considered in the annual cycle. (Ord. 13147 § 24,
1998).
20.18.090 Development regulations preparation. The department of development and
environmental services shall prepare implementing development regulations to
accompany any proposed comprehensive plan amendments. In addition, from time to time, department of
development and environmental services may propose development regulations to
further implement the comprehensive plan, consistent with the requirements of
the Washington State Growth Management Act.
Notice of proposed amendments to development regulations shall be
provided to the state and to the public pursuant to K.C.C. 20.18.150. (Ord. 13147 § 25, 1998).
20.18.100 Description of the amendments. All proposals for amendments to the
comprehensive plan or development regulations shall include a detailed
description of the proposed amendment in nontechnical terms. This description will be made publicly
available by the responsible department or the council sponsor using one or
more methods provided in K.C.C. 20.18.160B and upon request. This description will be posted on the
internet. Internet posting of the description
is supplemental to other required notice, and the county
20.18.110 Notice of public hearing for comprehensive
plan amendments and development regulations. Notice of the time, place and purpose of a
public hearing before the council to consider amendments to the comprehensive
plan or development regulations, other than area zoning, shall at a minimum be
given by one publication in a newspaper of general circulation in the county at
least thirty days before the hearing.
Notice for site-specific land use map amendments will also be provided
pursuant K.C.C. 20.18.050. The county
shall endeavor to provide such notice in nontechnical language. The notice shall indicate how the detailed
description of the ordinance required by K.C.C. 20.18.100 can be obtained by a
member of the public. (Ord. 13147 § 27,
1998).
20.18.120 Notice of public hearing for area zoning.
A.
Notice of the time, place and purpose of a public hearing before the
council to consider changes to area zoning shall, at a minimum, include
publication in the official county newspaper and another newspaper of general
circulation in the area for which the area zoning is proposed at least thirty
days before the hearing. The county
shall endeavor to provide such notice in nontechnical language. The notice shall indicate how the detailed
description of the ordinance required by K.C.C. 20.18.100 can be obtained by a
member of the public.
B.
Notice of the hearing shall also be given by mail to affected property
owners, appropriate to the scope of the proposal, whose names appear on the
rolls of the King County assessor and shall at a minimum include owners of
properties within five hundred feet of affected property, at least twenty
property owners in the vicinity of the property, and to any individuals or
organizations that have formally requested to the department or department of
development environmental services to be kept informed of applications in an
identified area. Notice shall
specifically be given to any unincorporated area council that includes the
subject property in its territory. The
county shall endeavor to provide such notice in nontechnical language. The mailed notice required herein shall be
postmarked at least thirty days before the hearing. If the county sends the mailed notice by bulk
mail, the certificate of mailing shall qualify as a postmark. Failure to notify any specific property owner
shall not invalidate an area zoning proceeding or any resulting
reclassification of land. (Ord. 14047 § 7, 2001: Ord. 13147 § 28, 1998).
20.18.130 Amendment process following the conclusion of
the public review and comment period.
A.
When the council considers a change to an amendment to the comprehensive
plan or development regulation, and the change is proposed after the
opportunity for review and comment has concluded, an additional opportunity for
review and comment on the proposed change shall be provided before the council
votes on the proposed change.
B.
An additional opportunity for public review and comment is not required
if:
1. An environmental impact
statement has been prepared under chapter 43.21C RCW for the pending ordinance
and the proposed change is within the range of alternatives considered in the
environmental impact statement;
2. The proposed change is within
the scope of the alternatives available for public comment;
3. The proposed change only
corrects typographical errors, corrects cross-references, makes address or name
changes or clarifies language of a proposed ordinance or resolution without
changing its effect;
4. The proposed change is to an
ordinance making a capital budget decision as provided in RCW 36.70A.120; or
5. The proposed change is to an
ordinance enacting a moratorium or interim control adopted under RCW
36.70A.390. (Ord. 13147 § 29, 1998).
20.18.140 Provision for receipt, review of and response
to the docket.
A.
In accordance with RCW 36.70A.470, a docket containing written comments
on suggested plan or development regulation amendments shall be coordinated by
the department. The docket is the means
either to suggest a change or to identify a deficiency, or both, in the comprehensive plan or development regulation. For the purposes of this section,
"deficiency" refers to the absence of required or potentially
desirable contents of the comprehensive
plan or development regulation
and does not refer to whether a development regulation addressed a project’s
probable specific adverse environmental impacts that could be mitigated in the
project review process. Any interested
party, including applicants, citizens and government agencies, may submit items
to the docket.
B.
All agencies of county government having responsibility for elements of
the comprehensive plan or implementing development
regulations shall provide a means by which citizens may docket written comments
on the plan or on development regulations.
The department shall use public participation methods identified in
K.C.C. 20.18.160 to solicit public use of the docket. The department shall provide a mechanism for
docketing amendments through the Internet.
1. All docketed comments relating
to the comprehensive plan shall be reviewed by the
department and considered for an amendment to the comprehensive plan.
2. The deadline for submitting
docketed comments is June 30 for consideration in the amendment cycle process
for the following year.
3. By the first business day of
December, the department shall issue an executive response to all docketed
comments. Responses shall include a
classification of the recommended changes as appropriate for either the annual
or four-year cycle, and an executive recommendation indicating whether or not
the docketed items are to be included in the next year’s executive recommended
comprehensive plan update. If the
docketed changes will not be included in the next executive transmittal, the
department shall indicate the reasons why, and shall inform the proponent that
they may petition the council during the legislative review process.
4. By the first business day of
December, the department shall forward to the council a report including all
docketed amendments and comments with an executive response. The report shall include a statement
indicating that the department has complied with the notification requirements
contained in this section.
5. Upon receipt of the docket
report, the council shall include all proponents of docketed requests in the
mailing list for agendas to all committee meetings in which the Comprehensive
Plan will be reviewed during the next available update. At the beginning of the committee review
process, the council shall develop a committee review schedule with dates for
committee meetings and any other opportunities for public testimony and for
proponents to petition the council to consider docket changes that were not
recommended by the executive and shall attach the review schedule to the agenda
whenever the Comprehensive Plan is to be reviewed.
6 Docketed comments relating to
development regulations shall be reviewed by the appropriate county
agency. Those requiring a comprehensive plan amendment shall be forwarded to the department and
considered for an amendment to the comprehensive
plan. Those not requiring a comprehensive plan
amendment shall be considered by the responsible county agency for amendments
to the development regulations.
7. The docket report shall be
made available through the internet. The department shall endeavor to make the
docket report available within one week of transmittal to the council.
C.
In addition to the docket, the department shall provide opportunities
for general public comments both before the docketing deadline each year, and
during the executive’s review periods before transmittal to the council. The
opportunities may include, but are not limited to, the use of the
following: comment cards, electronic or
posted mail, Internet, public meetings with opportunities for discussion and
feedback, printed summaries of comments received and twenty-four-hour telephone
hotlines. The executive shall assure
that the opportunities for public comment are provided as early as possible for
each stage of the process, to assure timely opportunity for public input. (Ord. 16263 § 4, 2008: Ord. 15607 § 2,
2006: Ord. 14047 § 8, 2001: Ord. 13147 § 30, 1998).
20.18.150 Provision for notice of intent to amend, and
post-adoption notice.
A.
Pursuant to RCW 36.70A.106 and WAC 365-195-620, the responsible
department or the council sponsor of the amendment shall notify the state of
its intent to adopt amendments to the comprehensive plan or to development
regulations at least sixty days prior to anticipated legislative action on the
proposal except for regulations or amendments which are procedural, ministerial
or required to address an emergency.
When the state is notified, the department or the council sponsor shall
also provide notice to the public, using one or more methods provided in K.C.C.
20.18.160B, of the intent to amend the comprehensive plan and/or development
regulations, if such notice has not already been provided. This information will be posted on the internet. Internet posting of the information is
supplemental to other required notice, and the county
B.
Within ten days of adoption, the clerk of the council shall transmit to
the state any adopted plan, amendment to the comprehensive plan or development
regulation. Pursuant to RCW 36.70A.106,
within ten days of adoption, the clerk of the council shall provide published
notice in the official county newspaper of adoption of or amendment to the
comprehensive plan or any development regulation. The notice shall indicate how the detailed
description of the ordinance required by K.C.C. 20.18.100 can be obtained by a
member of the public. (Ord. 13147 § 31,
1998).
20.18.160 Public participation program, basic elements.
A.
Pursuant to RCW 36.70A.140, the county shall provide for early and
continuous public participation in the development and amendment of the
comprehensive plan and any implementing development regulations.
B.
Public participation shall at a minimum include the following elements:
1. Annual dissemination of a
schedule for public participation;
2. Issuance of a citizen’s guide
to the comprehensive plan process that provides information on citizen
participation in the comprehensive plan process, a description of the procedure
and schedule for amending the comprehensive plan and/or implementing
development regulation(s), and a guide on how to use the docket;
3. Provision for broad
dissemination of the proposal and alternatives appropriate to the scope and
significance of the proposal. The county
shall make available to the public printed and electronic information which
clearly defines and visually portrays, when possible, the range of options
under consideration by the county. This
information shall also include a description of any policy considerations, the
schedule for deliberation, opportunities for public participation, information
on the submittal and review procedures for written comments and the name,
address and telephone number of the responsible official(s). The methods
employed may include, but are not limited to, the use of the following: published notice in the official county
newspaper and other appropriate publications, news media notification, mailed
notice to property owners and to citizens or groups with a known interest in
the proposal, public education and government channel, electronic kiosks and
the internet, transit advertising, telephone and fax information lines, public
review documents and displays in public facilities, speakers bureau, and
printed or computerized graphics depicting the effect of the proposal;
4. Public meetings to obtain
comments from the public or other agencies on a proposed plan, amendment to the
comprehensive plan or implementing development regulation. Public meeting means an informal meeting,
hearing, workshop or other public gathering of people for the purpose of
obtaining public comments and providing opportunities for open discussion. All
public meetings associated with review of the comprehensive plan or development
regulations shall provide a means for the public to submit items for the
docket. A public record of each public
meeting should be maintained to include documentation of attendance, record of
any mailed notice and a record of public comments not incorporated in the
docket;
5. The county shall provide
mechanisms to enable public access to additional information. The county shall provide for publicly
accessible and complete records of all applications, docketed amendment
requests, and related background information during normal business hours. The public may seek assistance from the
office of citizen complaints to obtain time sensitive information. Methods of disseminating information may
include, but are not limited to, the following:
published notice of location of public review documents, use of the
public education and government channel, use of electronic kiosks and the
internet, telephone information lines with or without fax options, placement of
documents in public libraries and community centers, speakers bureau and public
displays.
C.
When technical matters are considered with regard to docketed issues, or
to evaluate public testimony, due consideration shall be given to technical
testimony from the public and third party analysis may be sought when
appropriate. (Ord. 13147 § 32, 1998).
20.18.170 The four to one program – process for
amending the urban growth area to achieve open space.
A.
Proposals for open space dedication and redesignation
to the urban growth area must be received before December 31, 2011.
B.
The total area added to the urban growth area as a result of this
program shall not exceed four thousand acres. The department shall keep a
cumulative total for all parcels added under this section. The total shall be
updated annually through the plan amendment process.
C.
Proposals shall be processed as land use amendments to the Comprehensive
Plan and may be considered in either the annual or four-year cycle. Site suitability and development conditions
for both the urban and rural portions of the proposal shall be established
through the preliminary formal plat approval process.
D.
A term conservation easement shall be placed on the open space at the
time the four to one proposal is approved by the council. Upon final plat approval, the open space
shall be permanently dedicated in fee simple to
E.
Proposals adjacent to incorporated area or potential annexation areas
shall be referred to the affected city and special purpose districts for
recommendations. (Ord. 16263 § 5,
2008: Ord. 14047 § 9, 2001).
20.18.180 The four to one program – criteria for
amending the urban growth area to achieve open space. Rural area land may be added to the urban
growth area in accordance with the following criteria:
A.
A proposal to add land to the urban growth area under this program shall
meet the following criteria:
1. A permanent dedication to the
King County open space system of four acres of open space is required for every
one acre of land added to the urban growth area;
2. The land shall not be zoned
agriculture (A);
3. The land added to the urban
growth area shall:
a. be physically contiguous to
urban growth area as adopted in 1994, unless the director determines that the
land directly adjacent to the urban growth area contains critical areas that
would be substantially harmed by development directly adjacent to the urban
growth area and that all other criteria can be met; and
b. not be in an area where a
contiguous band of public open space, parks or watersheds already exists along
the urban growth area boundary;
4. The land added to the urban
growth area shall be able to be served by sewers and other urban services;
5. A road serving the land added
to the urban area shall not be counted as part of the required open space;
6. All urban facilities shall be provided
directly from the urban area and shall not cross the open space or rural area
and be located in the urban area except as permitted in subsection E of this
section;
7. Open space areas shall retain
a rural designation;
8. The minimum depth of the open
space buffer shall be one half of the property width, unless the director
determines that a smaller buffer of no less than two hundred feet is warranted
due to the topography and critical areas on the site, shall generally parallel
the urban growth area boundary and shall be configured in such a way as to
connect with open space on adjacent properties;
9. The minimum size of the
property to be considered is twenty acres. Smaller parcels may be combined to
meet the twenty-acre minimum;
10. Urban development under this
section shall be limited to residential development and shall be at a minimum density
of four dwelling units per acre; and
B.
A proposal that adds two hundred acres or more to the urban growth area
shall also meet the following criteria:
1. The proposal shall include a
mix of housing types including thirty percent below-market-rate units
affordable to low, moderate and median income households;
2. In a proposal in which the
thirty-percent requirement in subsection B.1 of this section is exceeded, the
required open space dedication shall be reduced to three and one-half acres of
open space for every one acre added to the urban growth area;
C.
A proposal that adds less than two hundred acres to the urban growth
area and that meets the affordable housing criteria in subsection B.1. of this
section shall be subject to a reduced open space dedication requirement of
three and one-half acres of open space for every one acre added to the urban
growth area;
D.
Requests for redesignation shall be evaluated
to determine those that are the highest quality, including, but not limited to,
consideration of the following:
1. Preservation of fish and
wildlife habitat, including wildlife habitat networks, and habitat for
endangered and threatened species;
2. Provision of regional open
space connections;
3. Protection of wetlands, stream
corridors, ground water and water bodies;
4. Preservation of unique
natural, biological, cultural, historical or archeological resources;
5. The size of open space
dedication and connection to other open space dedications along the urban growth
area boundary; and
6. The ability to provide
extensions of urban services to the redesignated
urban areas; and
E.
The open space acquired through this program shall be preserved
primarily as natural areas, passive recreation sites or resource lands for
farming and forestry. The following
additional uses may be allowed only if located on a small portion of the open
space and provided that these uses are found to be compatible with the site
1. Trails;
2. Natural appearing stormwater facilities;
3. Compensatory mitigation of
wetland losses on the urban designated portion of the project, consistent with
the King County Comprehensive Plan and K.C.C. chapter 21A.24; and
4. Active recreation uses not to
exceed five percent of the total open space area. The support services and facilities for the
active recreation uses may locate within the active recreation area only, and
shall not exceed five percent of the total acreage of the active recreation
area. The entire open space area,
including any active recreation site, is a regional resource. It shall not be used to satisfy the on-site
active recreation space requirements in K.C.C. 21A.14.180 for the urban portion
of the four to one property. (Ord. 16263 § 6,
2008: Ord. 15606 § 1, 2006: Ord. 14047
§ 10, 2001).
Sections:
20.20.010 Chapter purpose.
20.20.020 Classifications of land use decision
processes.
20.20.030 Preapplication
conferences.
20.20.040 Application requirements.
20.20.050 Notice of complete application to
applicant.
20.20.060 Notice of application.
20.20.070 Vesting.
20.20.080 Applications - modifications to proposal.
20.20.090 Notice of decision or recommendation -
appeals.
20.20.100 Permit issuance.
20.20.105 Permit extension.
20.20.120 Citizen
20.20.010 Chapter purpose. The purpose of this chapter is to establish
standard procedures for land use permit applications, public notice, hearings
and appeals in King County. These
procedures are designed to promote timely and informed public participation in
discretionary land use decisions; eliminate redundancy in the application, permit
review, hearing and appeal processes; provide for uniformity in public notice
procedures; minimize delay and expense; and result in development approvals
that implement the policies of the Comprehensive Plan. These procedures also provide for an integrated
and consolidated land use permit and environmental review process consistent
with chapter 347, laws of 1995. (Ord.
12196 § 8, 1996).
20.20.020 Classifications of land use decision
processes (Expires December 31, 2012).
A. Land use permit
decisions are classified into four types, based on who makes the decision,
whether public notice is required, whether a public hearing is required before
a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in
subsection E. of this section.
1. Type 1 decisions are made by
the director, or his or her designee, ("director") of the department
of development and environmental services ("department"). Type 1 decisions are nonappealable
administrative decisions.
2. Type 2 decisions are made by
the director. Type 2 decisions are discretionary decisions that are subject to
administrative appeal.
3. Type 3 decisions are
quasi-judicial decisions made by the hearing examiner following an open record
hearing. Type 3 decisions may be appealed
to the county council, based on the record established by the hearing examiner.
4. Type 4 decisions are
quasi-judicial decisions made by the council based on the record established by
the hearing examiner.
B.
Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless
otherwise agreed to by the applicant, all Type 2, 3 and 4 decisions included in
consolidated permit applications that would require more than one type of land
use decision process may be processed and decided together, including any
administrative appeals, using the highest-numbered land use decision type
applicable to the project application.
C.
Certain development proposals are subject to additional procedural
requirements beyond the standard procedures established in this chapter.
D.
Land use permits that are categorically exempt from review under SEPA do
not require a threshold determination (determination of nonsignificance
["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review
procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this
chapter.
E. Land use decision types are classified as
follow:
|
TYPE 1 |
(Decision by
director, no administrative appeal) |
Temporary use
permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020,
21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and
21A.45.090; building permit, site development permit, or clearing and grading
permit that is not subject to SEPA, that is categorically exempt from SEPA as
provided in K.C.C. 20.20.040, or for which the department has issued a
determination of nonsignificance or mitigated
determination of nonsignificance; boundary line
adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline
exemption; decisions to require studies or to approve, condition or deny a
development proposal based on K.C.C. chapter 21A.24, except for decisions to
approve, condition or deny alteration exceptions; approval of a
conversion-option harvest plan; a binding site plan for a condominium that is
based on a recorded final planned unit development, a building permit, an
as-built site plan for developed sites, a site development permit for the
entire site. |
|
TYPE 21,2 |
(Decision by
director appealable to hearing examiner, no further administrative appeal) |
Short plat;
short plat revision; short plat alteration; zoning variance; conditional use
permit; temporary use permit under K.C.C. chapter 21A.32; temporary use
permit for a homeless encampment under K.C.C. 21A.45.100; shoreline
substantial development permit3; location of an antenna under
K.C.C. 21A.26.451.C.4; location of minor communication facility support
structure less than forty feet high in a nonresidential zone under K.C.C.
21A.26.451.C.2; building permit, site development permit or clearing and
grading permit for which the department has issued a determination of
significance; reuse of public schools; reasonable use exceptions under K.C.C.
21A.24.070.B; preliminary determinations under K.C.C. 20.20.030.B; decisions
to approve, condition or deny alteration exceptions under K.C.C. chapter
21A.24; extractive operations under K.C.C. 21A.22.050; binding site plan;
waivers from the moratorium provisions of K.C.C. 16.82.140 based upon a
finding of special circumstances. |
|
TYPE 31 |
(Recommendation
by director, hearing and decision by hearing examiner, appealable to county
council on the record) |
Preliminary
plat; plat alterations; preliminary plat revisions; location of a tower or
antenna that exceeds forty feet in height in a nonresidential zone under
K.C.C. 21A.26.451.C.2. |
|
TYPE 41,4 |
(Recommendation by director, hearing
and recommendation by hearing examiner decision by county council on the
record) |
Zone reclassifications; shoreline
environment redesignation; urban planned
development; special use; amendment or deletion of P suffix conditions; plat
vacations; short plat vacations; deletion of special district overlay. |
1 See
K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA
appeals and appeals of Type 3 and 4 decisions to the council.
2 When
an application for a Type 2 decision is combined with other permits requiring
Type 3 or 4 land use decisions under this chapter or under K.C.C. 25.32.080,
the examiner, not the director, makes the decision.
3 A
shoreline permit, including a shoreline variance or conditional use, is
appealable to the state Shorelines Hearings Board and not to the hearing
examiner.
4 Approvals
that are consistent with the Comprehensive Plan may be considered by the
council at any time. Zone reclassifications
that are not consistent with the Comprehensive Plan require a site-specific
land use map amendment and the council
F. The definitions in K.C.C. 21A.45.020 apply to
this section.
G. In the Kirkland Finn Hill/Juanita/Kingsgate
Annexation Area, as shown on the map in Ordinance 17029*, the manner of
concealment for any minor communication facility that is a Type II or Type III
land use decision shall be reviewed and determined as part of that
process. ([Ord. 17029 § 5, 2011, expired May 30, 2011]: Ord.
16263 § 7, 2008: Ord. 15606 § 2, 2006: Ord. 15170 §
2, 2005: Ord. 14449 § 2, 2002:
Ord. 14190 § 23, 2001: Ord. 14047 § 11, 2001: Ord. 13694 § 84, 1999: Ord. 13147 § 33, 1998: Ord. 13131 § 1, 1998: Ord. 12878 § 2, 1997: Ord. 12196 § 9, 1996).
*Available
in the clerk of the council's office.
20.20.020 Classifications of land use decision
processes (Effective December 31, 2012, and thereafter).
A. Land use permit
decisions are classified into four types, based on who makes the decision,
whether public notice is required, whether a public hearing is required before
a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in
subsection E. of this section.
1. Type 1 decisions are made by
the director, or his or her designee, ("director") of the department
of development and environmental services ("department"). Type 1 decisions are nonappealable
administrative decisions.
2. Type 2 decisions are made by
the director. Type 2 decisions are discretionary decisions that are subject to
administrative appeal.
3. Type 3 decisions are
quasi-judicial decisions made by the hearing examiner following an open record
hearing. Type 3 decisions may be
appealed to the county council, based on the record established by the hearing
examiner.
4. Type 4 decisions are
quasi-judicial decisions made by the council based on the record established by
the hearing examiner.
B.
Except as provided in K.C.C. 20.44.120A.7. and 25.32.080 or unless
otherwise agreed to by the applicant, all Type 2, 3 and 4 decisions included in
consolidated permit applications that would require more than one type of land
use decision process may be processed and decided together, including any
administrative appeals, using the highest-numbered land use decision type
applicable to the project application.
C.
Certain development proposals are subject to additional procedural
requirements beyond the standard procedures established in this chapter.
D.
Land use permits that are categorically exempt from review under SEPA do
not require a threshold determination (determination of nonsignificance
["DNS"] or determination of significance ["DS"]). For all other projects, the SEPA review
procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this
chapter.
E. Land use decision types are classified as
follow:
|
TYPE 1 |
(Decision by director,
no administrative appeal) |
Temporary use
permit for a homeless encampment under K.C.C. 21A.45.010, 21A.45.020,
21A.45.030, 21A.45.040, 24A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and
21A.45.090; building permit, site development permit, or clearing and grading
permit that is not subject to SEPA, that is categorically exempt from SEPA as
provided in K.C.C. 20.20.040, or for which the department has issued a
determination of nonsignificance or mitigated
determination of nonsignificance; boundary line
adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption;
decisions to require studies or to approve, condition or deny a development
proposal based on K.C.C. chapter 21A.24, except for decisions to approve,
condition or deny alteration exceptions; approval of a conversion-option harvest
plan; a binding site plan for a condominium that is based on a recorded final
planned unit development, a building permit, an as-built site plan for
developed sites, a site development permit for the entire site. |
|
TYPE 21,2 |
(Decision by
director appealable to hearing examiner, no further administrative appeal) |
Short plat;
short plat revision; short plat alteration; zoning variance; conditional use
permit; temporary use permit under K.C.C. chapter 21A.32; temporary use
permit for a homeless encampment under K.C.C. 21A.45.100; shoreline
substantial development permit3; building permit, site development
permit or clearing and grading permit for which the department has issued a
determination of significance; reuse of public schools; reasonable use
exceptions under K.C.C. 21A.24.070.B; preliminary determinations under K.C.C.
20.20.030.B; decisions to approve, condition or deny alteration exceptions
under K.C.C. chapter 21A.24; extractive operations under K.C.C. 21A.22.050;
binding site plan; waivers from the moratorium provisions of K.C.C. 16.82.140
based upon a finding of special circumstances. |
|
TYPE 31 |
(Recommendation
by director, hearing and decision by hearing examiner, appealable to county
council on the record) |
Preliminary plat;
plat alterations; preliminary plat revisions. |
|
TYPE 41,4 |
(Recommendation by director, hearing
and recommendation by hearing examiner decision by county council on the
record) |
Zone reclassifications; shoreline
environment redesignation; urban planned
development; special use; amendment or deletion of P suffix conditions; plat
vacations; short plat vacations; deletion of special district overlay. |
1 See
K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA
appeals and appeals of Type 3 and 4 decisions to the council.
2 When an
application for a Type 2 decision is combined with other permits requiring Type
3 or 4 land use decisions under this chapter or under K.C.C. 25.32.080, the
examiner, not the director, makes the decision.
3 A shoreline
permit, including a shoreline variance or conditional use, is appealable to the
state Shorelines Hearings Board and not to the hearing examiner.
4 Approvals
that are consistent with the Comprehensive Plan may be considered by the
council at any time. Zone
reclassifications that are not consistent with the Comprehensive Plan require a
site-specific land use map amendment and the council
F. The definitions in K.C.C. 21A.45.020 apply to
this section. (Ord. 17029 §
5, 2011
(Expired 12/31/2012): Ord.
16263 § 7, 2008: Ord. 15606 § 2, 2006: Ord. 15170 §
2, 2005: Ord. 14449 § 2, 2002:
Ord. 14190 § 23, 2001: Ord. 14047 § 11, 2001: Ord. 13694 § 84, 1999: Ord. 13147 § 33, 1998: Ord. 13131 § 1, 1998: Ord. 12878 § 2, 1997: Ord. 12196 § 9, 1996).
20.20.030 Preapplication
conferences.
A.1.a. Except as otherwise provided in subsection
A.1.b. of this section, before filing a permit application for a Type 1
decision, the applicant shall contact the department to schedule a preapplication conference, which shall be
held before filing the application, if the property will have five thousand
square feet of development site or right-of-way improvements, the property is
in a critical drainage basin, or the property has a wetland, steep slope,
landslide hazard, erosion hazard, or coal mine on site.
b. A
preapplication conference is not required for a Type
1 decision for a single family residence and its accessory buildings or for other
structures where all work is in an existing building and no parking is required
or added.
2.
Except as otherwise provided in this section, before filing a permit
application requiring a Type 2, 3 or 4 decision, the applicant shall contact the
department to schedule a preapplication conference, which
shall be held before filing the application.
B. The purpose of the preapplication
conference is to review and discuss the application requirements with the
applicant and provide comments on the development proposal. The preapplication
conference shall be scheduled by the department, at the request of an
applicant, and shall be held in a timely manner, within thirty days from the
date of the applicant
C. Information presented at or required as a
result of the preapplication conference shall be
valid for a period of one year following the preapplication
conference. An applicant wishing to
submit a permit application more than one year following a preapplication
for the same permit application shall be required to schedule another preapplication conference.
D. At or subsequent to a preapplication
conference, the department may issue a preliminary determination that a
proposed development is not permissible under applicable county policies or
regulatory enactments. In that event,
the applicant shall have the option to appeal the preliminary determination to
the hearing examiner in the manner provided for a Type 2 permit, as an
alternative to proceeding with a complete application. Mailed and published
notice of the appeal shall be provided for as in K.C.C. 20.20.060 H. and I. (Ord. 16950
§ 7, 2010: Ord. 16552 §
2, 2009: Ord. 13332 § 65, 1998: Ord. 12196 § 10, 1996).
20.20.035
Notice community meeting required under K.C.C. chapter 21A.08 before
filing application. When an
applicant is required by K.C.C. chapter 21A.08 to conduct a community meeting,
under this section, before filing of an application, notice of the meeting
shall be given and the meeting shall be conducted as follows:
A. At least two weeks in advance, the applicant
shall:
1.
Publish notice of the meeting in the local paper and mail and email to
the department and to the unincorporated area council serving the area in which
potential sites are contemplated, and
2.
Mail notice of the meeting to all property owners within five hundred
feet or at least twenty of the nearest property owners, whichever is greater,
as provided in K.C.C. 21A.26.170 of any potential sites, identified by the
applicant for possible development, to be discussed at the community
meeting. The mailed notice shall, at a
minimum, contain a brief description and purpose of the proposal, approximate
location noted on an assessor map with address and parcel number, photograph or
sketch of any existing or proposed structures, a statement that alternative
sites proposed by citizens can be presented at the meeting that will be
considered by the applicant, a contact name and telephone number to obtain
additional information and other information deemed necessary by the department
of development and environmental services.
Because the purpose of the community meeting is to promote early discussion,
applicants shall to note any changes to the conceptual information presented in
the mailed notice when they submit an application.
B. At the community meeting at which at least
one employee of the department of development and environmental services,
assigned by the director of the department, shall be in attendance, the
applicant shall provide information relative to the proposal and any
modifications proposed to existing structures or any new structures and how the
proposal is compatible with the character of the surrounding neighborhood. An applicant shall also provide with the
applicant's application a list of meeting attendees, those receiving mailed
notice of the meeting and a record of the published meeting notice.
C. The applicant shall, in the notice required
under subsection A.2. of this section, and at the community meeting required
under subsection B. of this section , advise that persons interested in the
applicant's proposal may monitor the progress of the permitting of that proposal
by contacting the department or by viewing the department's website, the
address of which will be provided in the notice and at the community meeting. (Ord. 16950 § 10, 2010).
20.20.040
Application requirements.
A. The department shall not commence review of
any application as provided in this chapter until the applicant has submitted
the materials and fees specified for complete applications. Applications for
land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered
complete as of the date of submittal upon determination by the department that
the materials submitted meet the requirements of this section. Except as
provided in K.C.C. 20.20.040.B, all land use permit applications described in
K.C.C. 20.20.020 Exhibit A shall include the following:
1. An
application form provided by the department and completed by the applicant that
allows the applicant to file a single application form for all land use permits
requested by the applicant for the development proposal at the time the application
is filed;
2. Designation
of who the applicant is, except that this designation shall not be required as
part of a complete application for purposes of this section when a public
agency or public or private utility is applying for a permit for property on
which the agency or utility does not own an easement or right-of-way and the
following three requirements are met:
a. the
name of the agency or private or public utility is shown on the application as
the applicant;
b. the
agency or private or public utility includes in the complete application an
affidavit declaring that notice of the pending application has been given to
all owners of property to which the application applies, on a form provided by
the department; and
c. the
form designating who the applicant is submitted to the department before permit
approval;
3.a. A
certificate of sewer availability or site design approval for an on-site sewage
system by the Seattle-King County department of public health, as required by
the King County board of health code title 13: or
b. for
public schools and public schools facilities located in rural areas, a finding
by King County that no cost-effective alternative technologies are feasible, a
certificate of sewer availability, and a letter from the sewer utility indicating
compliance with the tightline sewer provisions in the
zoning code, as required by K.C.C. chapter 13.24;
4. If
the development proposal requires a source of potable water, a current
certificate of water availability consistent with K.C.C. chapter 13.24 or
documentation of an approved well by the Seattle-King County department of
public health;
5. A
fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C.
chapter 21A.40;
6. A
site plan, prepared in a form prescribed by the director;
7.
Proof that the lot or lots to be developed are recognized as a lot under
K.C.C. Title 19A;
8. A critical
areas affidavit, if required by K.C.C. chapter 21A.24;
9. A
completed environmental checklist, if required by K.C.C. chapter 20.44;
10. Payment
of any development permit review fees, excluding impact fees collectible
pursuant to K.C.C. Title 27;
11. A
list of any permits or decisions applicable to the development proposal that have
been obtained before filing the application or that are pending before the
county or any other governmental entity;
12. Certificate
of transportation concurrency from the department of transportation if required
by K.C.C. chapter 14.70. The certificate
of transportation concurrency may be for less than the total number of lots
proposed by a preliminary plat application only if:
a.
at least seventy-five percent of the lots proposed have a certificate of
transportation concurrency at the time of application for the preliminary plat;
b. a
certificate of transportation concurrency is provided for any remaining lots
proposed for the preliminary plat application before the expiration of the
preliminary plat and final recording of the additional lots; and
c.
the applicant signs a statement that the applicant assumes the risk that
the remaining lots proposed might not be granted.
13. Certificate
of future connection from the appropriate purveyor for lots located within the
urban growth area that are proposed to be served by on-site or community sewage
system and group B water systems or private well, if required by K.C.C.
13.24.136 through 13.24.140;
14. A
determination if drainage review applies to the project pursuant to K.C.C. chapter
9.04 and, if applicable, all drainage plans and documentation required by the
Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04;
15. Current
assessor
16. Legal
description of the site;
17. Variances
obtained or required under K.C.C. Title 21A to the extent known at the date of
application; and
18. For
site development permits only, a phasing plan and a time schedule, if the site
is intended to be developed in phases or if all building permits will not be
submitted within three years. B. A permit application is complete for purposes
of this section when it meets the procedural submission requirements of the
department and is sufficient for continued processing even though additional
information may be required or project modifications may be undertaken
subsequently. The determination of
completeness shall not preclude the department from requesting additional
information or studies either at the time of notice of completeness or
subsequently if new or additional information is required or substantial
changes in the proposed action occur, as determined by the department.
C. Additional complete application requirements
for the following land use permits are in the following sections of the King
County Code:
1. Clearing
and grading permits, K.C.C. 16.82.060.
2. Construction
permits, K.C.C. 16.04.052.
3. Mobile
home permits, K.C.C. 16.04.093.
4. Subdivision
applications, short subdivision applications and binding site plan
applications, K.C.C. 19A.08.150.
D. The director may specify the requirements of
the site plan required to be submitted for various permits and may waive any of
the specific submittal requirements listed herein that are determined to be
unnecessary for review of an application.
E. The applicant shall attest by written oath to
the accuracy of all information submitted for an application.
F. Applications shall be accompanied by the
payment of the applicable filing fees, if any, as established by K.C.C. Title
27. (Ord. 15606 § 3, 2006: Ord. 15243 §
1, 2005: Ord. 14788 § 6, 2003:
Ord. 14507 § 5, 2002: Ord. 13694 § 85, 1999: Ord. 13190 § 13, 1998: Ord. 12380 § 6, 1996: Ord. 12196 § 11, 1996).
20.20.050
Notice of complete application to applicant.
A. Within twenty-eight days following receipt of
a land use permit application, the department shall mail or provide written
notice to the applicant that the application is either complete or
incomplete. If the application is
incomplete, the notice shall state with specificity what is necessary to make
the application complete. To the extent known by the department, the notice
shall identify other agencies of local, state, regional or federal governments
that may have jurisdiction over some aspects of the development proposal.
B. An application shall be deemed complete under
this section if the department does not provide written notice to the applicant
that the application is incomplete within the twenty-eight day period as
provided herein.
C. If the application is incomplete and the
applicant submits the additional information requested by the department, the
department shall notify the applicant in writing within fourteen days whether
the application is complete or what additional information specified by the
department as provided in subsection A hereof is necessary to make the
application complete. An application shall be deemed complete if the department
fails to provide written notice to the applicant within the fourteen day period
that the application is incomplete.
D. The date an application is deemed complete is
the date of receipt by the department of all of the information necessary to
make the application complete as provided in this chapter. The department
E. The department may cancel an incomplete
application if the applicant fails to submit the additional information required
by this chapter within ninety days following notification from the department
that the application is incomplete.
(Ord. 12196 § 12, 1996).
20.20.060
Notice of application.
A.
A notice of application shall be
provided to the public for land use permit applications as follows:
1. Type
2, 3 or 4 decisions;
2. Type
1 decisions subject to SEPA;
3. As
provided in subsection K. and L. of this section; and
4.
Type 1 decisions requiring a community meeting under K.C.C. 20.20.035.
B. Notice of the application shall be provided
by the department within fourteen days following the department
C. If the county has made a determination of
significance ("DS") under chapter 43.21C RCW before the issuance of
the notice of application, the notice of the DS shall be combined with the
notice of application and the scoping notice.
D. Unless the mailed notice of application is by
a post card as provided in subsection E. of this section, the notice of
application shall contain the following information:
1. The
file number;
2. The
name of the applicant;
3. The
date of application, the date of the notice of completeness and the date of the
notice of application;
4. A
description of the project, the location, a list of the permits included in the
application and the location where the application and any environmental documents
or studies can be reviewed;
5. A
site plan on eight and one-half by fourteen inch paper, if applicable;
6. The
procedures and deadline for filing comments, requesting notice of any required
hearings and any appeal procedure;
7. The
date, time, place and type of hearing, if applicable and scheduled at the time
of notice;
8. The
identification of other permits not included in the application to the extent
known;
9. The identification of existing
environmental documents that evaluate the proposed project; and
10. A statement of the
preliminary determination, if one has been made, of those development
regulations that will be used for project mitigation and of consistency with
applicable county plans and regulations.
E.
If mailed notice of application is made by a post card, the notice of
application shall contain the following information:
1. A description of the project,
the location, a list of the permits included in the application and any
environmental documents or studies can be reviewed;
2. The name of the applicant;
3. The date of application, the
date of the notice of completeness and the date of the notice of application;
4. If the department has made a
decision or recommendation on the application, the decision or recommendation
made;
5. The applicable comment and
appeal dates and the date, time, place and type of hearing, if applicable;
6. A web site address that
provides access to project information, including a site map and application
page; and
7.
The department contact name, telephone number and email address;
F. Notice shall be provided in the following
manner:
1. Posted at the project site as
provided in subsections G. and J. of this section;
2. Mailed by first class mail as
provided in subsection H. of this section; and
3. Published as provided in
subsection I. of this section.
G.
Posted notice for a proposal shall consist of one or more notice boards
posted by the applicant within fourteen days following the department
1. A single notice board shall be
posted for a project. This notice board may also be used for the posting of the
notice of decision and notice of hearing and shall be placed by the applicant:
a. at the midpoint of the site
street frontage or as otherwise directed by the department for maximum
visibility;
b. five feet inside the street
property line except when the board is structurally attached to an existing
building, but a notice board shall not be placed more than five feet from the
street property without approval of the department;
c. so that the top of the notice
board is between seven to nine feet above grade;
d. where it is completely visible
to pedestrians; and
e. comply with site distance
requirements of K.C.C. 21A.12.210 and the King County road standards adopted
under K.C.C. chapter 14.42.
2. Additional notice boards may
be required when:
a. the site does not abut a public road;
b. a large site abuts more than
one public road; or
c. the department determines that
additional notice boards are necessary to provide adequate public notice;
3. Notice boards shall be:
a. maintained in good condition
by the applicant during the notice period through the time of the final county
decision on the proposal, including the expiration of any applicable appeal
periods, and for decisions which are appealed, through the time of the final
resolution of any appeal;
b. in place at least twenty-eight
days before the date of any required hearing for a Type 3 or 4 decision, or at
least fourteen days following the department’s determination of completeness
for any Type 2 decision; and
c. removed within fourteen days
after the end of the notice period;
4. Removal of the notice board
before the end of the notice period may be cause for discontinuance of county
review until the notice board is replaced and remains in place for the
specified time period;
5. An affidavit of posting shall
be submitted to the department by the applicant within fourteen days following
the department
6. Notice boards shall be
constructed and installed in accordance with subsection G. of this section and
any additional specifications promulgated by the department under K.C.C.
chapter 2.98, rules of county agencies.
H.
Mailed notice for a proposal shall be sent by the department within
fourteen days after the department
1. By first class mail to owners
of record of property in an area within five hundred feet of the site. The area shall be expanded when the
department determines it is necessary to send mailed notices to at least twenty
different property owners;
2. To any city with a utility
which is intended to serve the site;
3. To the state Department of
Transportation, if the site adjoins a state highway;
4. To the affected tribes;
5. To any agency or community group
which the department may identify as having an interest in the proposal;
6. Be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more owners to receive mailed
notice;
7. For preliminary plats only, to
all cities within one mile of the proposed preliminary plat, and to all
airports within two miles of the proposed preliminary plat;
8. In those parts of the urban
growth area designated by the King County Comprehensive Plan where King County
and a city have adopted either a memorandum of understanding or a potential
annexation boundary agreement, or both, the director shall ensure that the city
receives notice of all applications for development subject to this chapter and
shall respond specifically in writing to any comments on proposed developments
subject to this title.
I.
The notice of application shall be published by the department within
fourteen days after the department
J.
Posted notice for approved formal subdivision engineering plans,
clearing or grading permits subject to SEPA or building permits subject to SEPA
shall be a condition of the plan or permit approval and shall consist of a
single notice board posted by the applicant at the project site, before
construction as follows:
1. Notice boards shall comport
with the size and placement provisions identified for construction signs in
K.C.C. 21A.20.120B;
2. Notice boards shall include
the following information:
a. permit number and description
of the project;
b. projected completion date of
the project;
c. a contact name and phone
number for both the department and the applicant;
d. a department contact number
for complaints after business hours; and
e. hours of construction, if
limited as a condition of the permit;
3. Notice boards shall be
maintained in the same manner as identified above, in subsection F of this
section; and
4. Notice boards shall remain in
place until final construction approval is granted. Early removal of the notice board may
preclude authorization of final construction approval.
K. Posted and mailed notice
consistent with this section shall be provided to property owners of record and
to the council district representative in which it is located, for any proposed
single-family residence in a higher density urban single family residential
zone (R-4 through R-8) exceeding a size of ten thousand square feet of floor
area as defined in the Washington State Uniform Building Code.
L.
Posted and mailed notice consistent with this section shall be provided
to any property owner of record and to the council district representative in
which is locating any application for building permits or other necessary land
use approvals for the establishment of the social service facilities classified
by SIC 8322 and 8361 and listed below, unless the proposed use is protected
under the Fair Housing Act:
1. Offender self-help agencies;
2. Parole offices;
3. Settlement houses;
4. Halfway home for delinquents
and offenders; and
5. Homes for destitute men and
women.
M.
In addition to notice required by subsection F. of this section, the department
may provide additional notice by any other means determined by the department
as necessary to provide notice to persons or entity who may be affected by a
proposal. (Ord. 17191 § 16, 2011: Ord. 16950 § 8, 2010: Ord. 16552 § 3, 2009: Ord. 13694 § 86, 1999: Ord. 13573 § 1, 1999: Ord. 13555 § 2, 1999: Ord. 13131 § 2, 1998: Ord. 13097 § 1, 1998: Ord. 12884 § 1, 1997: Ord. 12196 § 13, 1996).
20.20.062
Notice of Type I decisions. Not later than January 1, 2013, the
department shall provide public notice of Type 1 decisions for which a notice
of application is not otherwise required under K.C.C. 20.20.060. The public notice may be provided
electronically. The notice provided under this section shall be considered
supplementary to any other notice requirements and shall be deemed satisfactory
despite the failure of one or more individuals to receive notice. (Ord. 17267 § 1, 2012: Ord. 16950 §
9, 2010).
20.20.070 Vesting.
A.
Applications for Type 1, 2, and 3 land use decisions, except those which
seek variance from or exception to land use regulations and substantive and
procedural SEPA decisions shall be considered under the zoning and other land
use control ordinances in effect on the date a complete application is filed
meeting all of the requirements of this chapter. The department
B.
Supplemental information required after vesting of a complete
application shall not affect the validity of the vesting for such application.
C.
Vesting of an application does not vest any subsequently required
permits, nor does it affect the requirements for vesting of subsequent permits
or approvals. (Ord. 12196 § 14, 1996).
20.20.080 Applications - modifications to proposal.
A.
Department initiated changes to a pending application shall not require
filing of a new application.
B.
If the department determines the requested modification or revision
would result in a substantial change in a development proposal's review
requirements, an applicant requested revision or modification occurring either
before or after issuance of the permit shall require filing of a new
application.
C.
For the purpose of this section, a "substantial change"
includes, but is not limited to, locating buildings closer to the nearest
property line, increasing the proposed square footage of any buildings or
changes that will lead to significant built or natural environmental impacts
that were not addressed in the original development proposal. (Ord. 17191 § 17, 2011: Ord. 12196 § 15, 1996).
20.20.090 Notice of decision or recommendation -
appeals.
A.
The department shall provide notice in a timely manner of its final
decision or recommendation on permits requiring Type 2, 3 and 4 land use
decisions and Type 1 decisions subject to SEPA, including the threshold
determination, if any, the dates for any public hearings and the procedures for
administrative appeals, if any. Notice
shall be provided to the applicant, to the Department of Ecology and to
agencies with jurisdiction if required by K.C.C. chapter 20.44, to the Department
of Ecology and Attorney General as provided in chapter 90.58 RCW, to any person
who, prior to the decision or recommendation, had requested notice of the
decision or recommendation or submitted comments, and to property owners of
record, as provided in K.C.C. 20.20.060 H.
B. Except for shoreline permits which are
appealable to the state Shorelines Hearings Board, all notices of appeal to the
hearing examiner of Type 2 land use decisions made by the director shall be
filed as provided in K.C.C. 20.24.090. (Ord.
16552 §
4, 2009: Ord. 13573 § 2, 1999: Ord. 13131 § 3, 1998: Ord. 13097 § 2, 1998: Ord. 12196 § 16, 1996).
20.20.100
Permit issuance.
A. The department shall issue its recommendation
to the hearing examiner on a Type 3 or Type 4 land use decision within one
hundred fifty days from the date the applicant is notified by the department
pursuant to this chapter that the application is complete. The time periods for action by the hearing
examiner on a Type 3 or Type 4 land use decision shall be governed by the
hearing examiner
B.1.
Except as otherwise provided in subsection B.2 of this section, the department
shall issue its final decision on a Type 1 or Type 2 land use decision within
one hundred twenty days from the date the applicant is notified by the
department pursuant to this chapter that the application is complete.
2. The
following shorter time periods apply to the type of land use permit indicated:
|
New residential building permits |
90 days |
|
Residential remodels |
40 days |
|
Residential appurtenances, such as decks and garages |
15 days, or 40 days residential appurtenances that require
substantial review. |
|
Clearing and grading |
90 days |
|
Health Department review (for
projects pending a final department review
or permit or review and permit). |
40 days |
|
Type 1 temporary use permit for a
homeless encampment: |
30 days |
|
Type 2 temporary use permit for a
homeless encampment: |
40 days |
C. The following periods shall be excluded from the
times specified in subsections A and B of this section:
1. Any
period of time during which the applicant has been requested by the department,
hearing examiner or council to correct plans, perform required studies or
provide additional information, including road variances and variances required
under K.C.C. chapter 9.04. The period
shall be calculated from the date of notice to the applicant of the need for
additional information until the earlier of the date the county advises the
applicant that the additional information satisfies the county’s request, or
fourteen days after the date the information has been provided. If the county determines that the correction,
study or other information submitted by the applicant is insufficient, it shall
notify the applicant of the deficiencies and the procedures of this section
shall apply as if a new request for information had been made.
a. The
department shall set a reasonable deadline for the submittal of corrections,
studies or other information when requested, and shall provide written
notification to the applicant. An
extension of such deadline may be granted upon submittal by an applicant of a
written request providing satisfactory justification of an extension.
b. Failure
by the applicant to meet such deadline shall be cause for the department to
cancel or deny the application.
c. When
granting a request for a deadline extension, the department shall give
consideration to the number of days between receipt by the department of a
written request for a deadline extension and the mailing to the applicant of
the department’s decision regarding that request;
2. The
period of time, as set forth in K.C.C. 20.44.050, during which an environmental
impact statement is being prepared following a determination of significance
pursuant to chapter 43.21C RCW;
3. A
period of no more than ninety days for an open record appeal hearing by the
hearing examiner on a Type 2 land use decision, and no more than sixty days for
a closed record appeal by the county council on a Type 3 land use decision appealable
to the county council, except when the parties to an appeal agree to extend
these time periods;
4. Any
period of time during which an applicant fails to post the property, if
required by this chapter, following the date notice is required until an
affidavit of posting is provided to the department by the applicant;
5. Any
time extension mutually agreed upon by the applicant and the department; and
6. Any
time during which there is an outstanding fee balance that is sixty days or
more past due.
D. Failure by the applicant to submit
corrections, studies, or other information acceptable to the department after
two written requests under subsection C. of this section shall be cause for the
department to cancel or deny the application;
E. The time limits established in this section
shall not apply if a proposed development:
1. Requires
an amendment to the comprehensive plan or a development regulation, or
modification or waiver of a development regulation as part of a demonstration project;
2. Requires
approval of a new fully contained community as provided in RCW 36.70A.350
master planned resort as provided in RCW 36.70A.360 or the siting of an
essential public facility as provided for RCW 36.70A.200; or
3. Is
substantially revised by the applicant, when such revisions will result in a
substantial change in a project
F. The time limits established in this section
may be exceeded on more complex projects.
If the department is unable to issue its final decision on a Type 1 or
Type 2 land use decision or its recommendation to the hearing examiner on a
Type 3 or Type 4 land use decision within the time limits established by 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 limits have not been met and an estimated
date for issuance of the notice of final decision on a Type 1 or Type 2 land
use decision or notice of recommendation on a Type 3 or Type 4 land use
decision.
G. The department shall require that all plats,
short plats, building permits, clearing and grading permits, conditional use
permits, special use permits, site development permits, shoreline substantial
development permits, binding site plans, urban planned development permits or
fully contained community permits issued for development activities on or
within five hundred feet of designated agricultural lands, forest lands or
mineral resource lands shall contain a notice that the subject property is
within or near designated agricultural lands, forest lands or mineral resource
lands on which a variety of commercial activities may occur that are not
compatible with residential development for certain periods of limited
duration. (Ord. 16950 § 11, 2010: Ord.
16263 § 8, 2008: Ord. 15170 § 3, 2005: Ord. 14788 § 7, 2003:
Ord. 13250 § 1, 1998: Ord. 13097
§ 3, 1998: Ord. 12627 § 5, 1997: Ord.
12273 § 2, 1996: Ord. 12196 § 17, 1996).
20.20.105
Permit extension. Upon written
request to the department made by the applicant before the expiration of a
permit for a conditional use, variance, alteration exception or reasonable use
exception, the department may extend the period of the permit for one year if:
A.
Regulations governing the approval of the land use decision have not
changed;
B.
Site conditions have not significantly changed in a manner that would
have affected the original permit approval; and
C.
The applicant pays applicable permit extension fees. (Ord. 16515 § 4, 2009).
20.20.120 Citizen’s guide. The director shall issue a citizen’s guide to
permit processing including making an appeal or participating in a
hearing. (Ord. 12196 § 19, 1996).
Sections:
20.24.010 Chapter purpose.
20.24.020 Office created.
20.24.030 Appointment and terms.
20.24.040 Removal.
20.24.050 Qualifications.
20.24.060 Deputy examiner duties.
20.24.065 Pro tem examiners.
20.24.070 Recommendations to the council.
20.24.072 Type 3 decisions by the examiner, appealable to the council.
20.24.080 Final decisions by the examiner.
20.24.085 Appeals of permit fee estimates and billings by department of
development and
environmental
services - duties.
20.24.090 Notice of appeal to examiner-filing.
20.24.095 Dismissal of untimely appeals.
20.24.097 Expeditious processing.
20.24.098 Time limits.
20.24.100 Condition, modification and restriction examples.
20.24.110 Quasi‑judicial powers.
20.24.120 Freedom from improper influence.
20.24.130 Public hearing.
20.24.140 Consolidation of hearings.
20.24.145 Pre-hearing conference.
20.24.150 Report by department.
20.24.160 Notice.
20.24.170 Rules and regulations.
20.24.175 Case management techniques.
20.24.180 Examiner findings.
20.24.190 Additional examiner findings - reclassifications and shoreline
redesignations.
20.24.195 Additional examiner findings - preliminary plats.
20.24.197 Additional examiner findings and recommendations school capacities.
20.24.210 Written recommendation or decision.
20.24.220 Appeal to council - recommendation.
20.24.222 Appeal to council - examiner
20.24.230 Council action.
20.24.235 Findings - preliminary plats.
20.24.240 Judicial review of final decisions.
20.24.250 Reconsideration of final action.
20.24.300 Digest of decisions.
20.24.310 Citizens guide.
20.24.320 Semi-annual report.
20.24.330 Voluntary mediation.
20.24.400 Site-specific land use map amendment.
20.24.450 Appeals to the hearing examiner fees.
20.24.510 Shoreline redesignation - criteria
for hearing examiner review.
20.24.520 Regional motor sports facility master
planning demonstration project – hearing examiner duties.
20.24.010 Chapter purpose. The
purpose of this chapter is to provide a system of considering and
applying regulatory devices which will best satisfy the following basic needs:
A. The need to separate the application of
regulatory controls to the land from planning;
B. The need to better protect and promote the
interests of the public and private elements of the community;
C. The need to expand the principles of fairness
and due process in public hearings. (Ord. 263 Art. 5 § 1, 1969).
20.24.020 Office created. The
office of hearing examiner is created. The examiner
shall act on behalf of the council in considering and applying adopted county
policies and regulations as provided herein.
(Ord. 11502 § 1, 1994: Ord. 263
Art. 5 § 2, 1969).
20.24.030 Appointment and terms. The council shall appoint the examiner to
serve in said office for a term of four years.
(Ord. 4481 § 1, 1979: Ord. 263
Art. 5 § 3, 1969).
20.24.040 Removal. The examiner or his or her deputy may be
removed from office at any time by the affirmative vote of not less than eight
members of the council for just cause.
(Ord. 12196 § 21, 1996: Ord. 263
Art. 5 § 4, 1969).
20.24.050 Qualifications. The examiner and his or her deputy shall be
appointed solely with regard to their qualifications for the duties of their
office and shall have such training or experience as will qualify them to
conduct administrative or quasi‑judicial hearings on regulatory
enactments and to discharge the other functions conferred upon them, and shall
hold no other appointive or elective public office or position in the county
government except as provided herein.
(Ord. 12196 § 22, 1996: Ord. 263
Art. 5 § 5, 1969).
20.24.060 Deputy examiner duties. The deputy shall
assist the examiner in the performance
of the duties conferred upon the examiner by ordinance and shall, in the event
of the absence or the inability of the examiner to act, have all the duties and
powers of the examiner. The deputy may
also serve in other capacities as an employee of the council. (Ord. 12196 § 23, 1996: Ord. 263 Art. 5 § 6, 1969).
20.24.065 Pro tem examiners. The chief examiner may hire qualified
persons to serve as examiner pro tempore, as needed, to expeditiously hear
pending applications and appeals. (Ord.
11502 § 16, 1994).
20.24.070 Recommendations to the council.
A. The examiner shall receive and examine
available information, conduct open record public hearings and prepare records
and reports thereof and issue recommendations, including findings and
conclusions to the council based on the issues and evidence in the record in
the following cases:
1. All
Type 4 land use decisions;
2.
Applications for agricultural land variances;
3.
Applications for public benefit rating system assessed valuation on open
space land and current use assessment on timber lands except as provided in
K.C.C. 20.36.090;
4.
Appeals from denials by the county assessor of applications for current
use assessments on farm and agricultural lands;
5.
Applications for the vacation of county roads;
6.
Appeals of a recommendation by the department of transportation to deny
the petition for vacation of a county road;
7.
Appeals of a recommendation by the department of transportation of the
compensation amount to be paid for vacation of a county road;
8.
Proposals for establishment or modification of cable system rates; and
9.
Other applications or appeals that the council may prescribe by
ordinance.
B. The examiner
20.24.072
Type 3 decisions by the examiner, appealable to the council.
A. The examiner shall receive and examine
available information, conduct open record public hearings and prepare records
and reports thereof, and issue decisions on Type 3 land use permit
applications, including findings and conclusions, based on the issues and
evidence in the record. The decision of
the examiner on Type 3 land use permit applications shall be appealable to the
Council on the record established by the examiner as provided by K.C.C.
20.24.210D.
B.
The examiner
20.24.080 Final decisions by the examiner.
A. The examiner shall receive and examine
available information, conduct open record public hearings and prepare records
and reports thereof, and issue final decisions, including findings and
conclusions, based on the issues and evidence in the record, which shall be
appealable as provided by K.C.C. 20.24.240, or to other designated authority in
the following cases:
1. Appeals of SEPA decisions, as
provided in K.C.C. 20.44.120 and public rules adopted under K.C.C. 20.44.075;
2. Appeals of all Type 2 land use
decisions, with the exception of appeals of shoreline permits, including
shoreline variances and conditional uses, which are appealable to the state
shoreline hearings board;
3. Appeals of citations, notices
and orders, notices of noncompliance and stop work orders issued pursuant to
K.C.C. Title 23 or Title 1.08 of the rules and regulations of the King County
board of health;
4. Appeals of decisions regarding
the abatement of a nonconformance;
5. Appeals of decisions of the
director of the department of natural resources and parks on requests for rate
adjustments to surface and storm water management rates and charges;
6. Appeals of department of
public safety seizures and intended forfeitures, when properly designated by
the chief law enforcement officer of that department as provided in RCW
69.50.505;
7. Appeals of notices and
certifications of junk vehicles to be removed as a public nuisance as provided
in K.C.C. Title 21A and K.C.C. chapter 23.10;
8. Appeals of the department’s
final decisions regarding transportation concurrency, mitigation payment system
and intersection standards provisions of K.C.C. Title 14;
9. Appeals of decisions of the
interagency review committee created under K.C.C. 21A.37.070 regarding sending
site applications for certification pursuant to K.C.C. chapter 21A.37; and
10. Appeals of other applications
or appeals that the council prescribes by ordinance.
B. The examiner
20.24.085 Appeals of permit fee estimates and billings
by department of development and environmental services - duties.
A.
As provided in K.C.C. chapter 27.50, on appeals of permit fee estimates
and billings by the department of development and environmental services, the
examiner shall receive and examine the available information, conduct public
hearings and issue final decisions, including findings and conclusions, based
on the issues and evidence.
B.
The examiner that conducts the appeal hearing or hearings under K.C.C.
chapter 27.50 of a permit fee estimate and/or permit fee billing related to a development
permit application by the department of development and environmental services
shall not have conducted and shall not conduct the hearing on any other
component of that development permit application. (Ord.
16026 § 2, 2008).
20.24.090 Notice of appeal to examiner - filing.
A. Except as otherwise provided in this section, a
notice of appeal shall be filed with the county department or division issuing
the original decision with a copy provided by the department or division to the
office of the hearing examiner. The
notice of appeal, together with the required appeal fee, shall be filed within
the prescribed appeal period. Except as
otherwise provided in K.C.C. chapter 27.50, the appeal period shall be fourteen
calendar days and shall commence on the third day after the mailing of the
notice of decision. In cases of appeals
of Type 2 land use decisions made by the director, if WAC 197-11-340(2)(a)
applies the notice of appeal shall be filed within twenty-four days after the
mailing of the notice of decision.
B.
A notice of appeal of the recommendation to deny vacation of a county
road by the department of transportation shall be filed along with the required
two-hundred-dollar administrative fee with the clerk of the county council
within thirty days of an issuance of the denial.
C.
*Except in the case of an appeal of citation under K.C.C. chapter 23.20,
*[and e]xcept as otherwise provided in K.C.C. chapter
27.50, if a notice of appeal has been filed within the applicable time period
[provided in this section]**, the appellant shall file a statement of appeal
with the county department or division issuing the original decision or action
within seven days after the filing deadline for the notice of appeal. A statement of appeal is not required for an
appeal of a citation issued under K.C.C. chapter 23.30. Department or division staff shall:
1. be available within a reasonable time to persons wishing to
file a statement of appeal subsequent to an agency ruling, and to respond to
queries concerning the facts and process of the county decision; and
2. make available within a reasonable time a complete set of
files detailing the facts of the department or division ruling in question to
persons wishing to file a statement of appeal, subsequent to an agency ruling. If a department or division is unable to
comply with these provisions, the hearing examiner may authorize amendments to
a statement of appeal to reflect information not made available to an appellant
within a reasonable time due to a failure by a county agency to meet the
foregoing requirements.
D.
The statement of appeal shall:
1. Identify the decision being
appealed and the alleged errors in that decision;
2. State specific reasons why the
decision should be reversed or modified;
3. State the harm suffered or
anticipated by the appellant; and
4. Identify the relief sought.
E.
The scope of an appeal shall be based principally on matters or issues
raised in the statement of appeal.
F.
Failure to timely file a notice of appeal, appeal fee or statement of
appeal deprives the examiner of jurisdiction to consider the appeal. As used in this section, filing means actual
receipt by the department required to be served. (Ord. 16278 § 27, 2008: Ord. 16026 § 3, 2008: 13573 § 3, 1999: Ord. 12196 § 27, 1996: Ord. 11961 § 2, 1995: Ord. 11502 § 4, 1994: Ord. 10691 § 4, 1992:
Ord. 6949 § 18, 1984: Ord. 4461 § 3, 1979).
Reviser’s notes:
*K.C.C. 20.24.090 was amended by
Ordinance 16026 and Ordinance 16278, both without reference to the other. Both clauses added at this point are
displayed here.
**"provided herein" was
changed to "provided in this section" in Ordinance 16026 and was
deleted in Ordinance 16278.
20.24.095 Dismissal of untimely appeals. On its own motion, or on the motion of a
party, the examiner shall dismiss an appeal for untimeliness or lack of
jurisdiction. (Ord. 11502 § 12, 1994).
20.24.097 Expeditious processing.
A. Hearings shall be scheduled by the examiner
to ensure that final decisions are issued within the time periods provided in
K.C.C. 20.20.100. During periods of time
when the volume of permit activity is high, the examiner shall retain one or
more pro-tem examiners to ensure that the one hundred twenty day time period
for final decisions is met.
B. Appeals shall be processed by the examiner as
expeditiously as possible, giving appropriate consideration to the procedural
due process rights of the parties.
Unless a longer period is agreed to by the parties, or the examiner
determines that the size and scope of the project is so compelling that a
longer period is required, a pre-hearing conference or a public hearing shall
occur within forty-five days from the date the office of the hearing examiner
is notified that a complete statement of appeal has been filed. In such cases where the examiner has
determined that the size and scope warrant such an extension, the reason for
the deferral shall be stated in the examiner’s recommendation or decision. The time period may be extended by the
examiner at the examiner’s discretion for not more than thirty days. (Ord. 12196 § 28, 1996: Ord. 11502 § 14, 1994).
20.24.098 Time limits. In all matters where the examiner holds a
hearing on applications under K.C.C. 20.24.070, the hearing shall be completed
and the examiner’s written report and recommendations issued within twenty-one
days from the date the hearing opens, excluding any time required by the
applicant or the department to obtain and provide additional information
requested by the hearing examiner and necessary for final action on the
application consistent with applicable laws and regulations. In every appeal heard by the examiner
pursuant to K.C.C. 20.24.080, the appeal process, including a written decision,
shall be completed within ninety days from the date the examiner’s office is
notified of the filing of a notice of appeal pursuant to K.C.C. 20.24.090. When
reasonably required to enable the attendance of all necessary parties at the
hearing, or the production of evidence, or to otherwise assure that due process
is afforded and the objectives of this chapter are met, these time periods may
be extended by the examiner at the examiner’s discretion for an additional
thirty days. With the consent of all
parties, the time periods may be extended indefinitely. In all such cases, the reason for such
deferral shall be stated in the examiner’s recommendation or decision. Failure to complete the hearing process
within the stated time shall not terminate the jurisdiction of the examiner. (Ord. 13097 § 4, 1998: Ord. 11502 § 15, 1994).
20.24.100 Condition, modification and restriction
examples.
The examiner is authorized to impose conditions, modifications and
restrictions, including but not limited to setbacks, screenings in the form of
landscaping or fencing, covenants, easements, road improvements and dedications
of additional road right-of-way and performance bonds as authorized by county
ordinances. (Ord. 12196 § 30, 1996: Ord. 263 Art. 5 § 7(part), 1969).
20.24.110 Quasi-judicial powers. The examiner may
also exercise administrative powers and such other quasi-judicial powers as may
be granted by county ordinance. (Ord.
163 Art. 5 § 8, 1969).
20.24.120 Freedom from improper influence. Individual
councilmembers, county officials or any other person, shall not interfere with
or attempt to interfere with the examiner or deputy examiner in the performance
of his or her designated duties. (Ord.
12196 § 31, 1996: Ord. 263 Art. 5 § 9,
1969).
20.24.130 Public hearing. When it is found
that an application meets the filing requirements of the responsible county
department or an appeal meets the filing rules, it shall be accepted and a date
assigned for public hearing. If for any reason testimony on any matter set for
public hearing, or being heard, cannot be completed on the date set for such
hearing, the matter shall be continued to the soonest available date. A matter should be heard, to the extent
practicable, on consecutive days until it is concluded. For purposes of proceedings identified in
K.C.C. 20.24.070 and 20.24.072, the public hearing by the examiner shall
constitute the hearing by the council. (Ord.
12196 § 32, 1996: Ord. 11502, § 5,
1994: Ord. 4461 § 4, 1979).
20.24.140 Consolidation of hearings. Whenever a
project application includes more than one county permit, approval or
determination for which a public hearing is required or for which an appeal is
provided pursuant to this chapter, the hearings and any such appeals may be
consolidated into a single proceeding before the hearing examiner pursuant to
K.C.C. 20.20.020. (Ord. 12196 § 33, 1996:
Ord. 11502 § 6, 1994: Ord. 4461 §
5, 1979).
20.24.145 Pre-hearing conference. A pre-hearing
conference may be called by the examiner pursuant to this chapter upon the
request of a party, or on the examiner’s own motion. A pre-hearing conference shall be held in
every appeal brought pursuant to this chapter if timely requested by any party.
The pre-hearing conference
shall be held at such time as ordered by the examiner, but not less than
fourteen days prior to the scheduled hearing on not less than seven days notice
to those who are then parties of record to the proceeding. The purpose of a
pre-hearing conference shall be to identify to the extent possible, the facts
in dispute, issues, laws, parties and witnesses in the case. In addition the pre-hearing conference is
intended to establish a timeline for the presentation of the case. The examiner shall establish rules for the
conduct of pre-hearing conferences.
Any
party who does not attend the pre-hearing conference, or anyone who becomes a
party of record after notice of the pre-hearing conference has been sent to the
parties, shall nevertheless be entitled to present testimony and evidence to
the examiner at the hearing. (Ord. 12196
§ 34, 1996: Ord. 11502 § 12, 1994).
20.24.150 Report by department. When an
application or appeal has been set for public hearing, the responsible county
department shall coordinate and assemble the reviews of other departments and
governmental agencies having an interest in the application or appeal and shall
prepare a report summarizing the factors involved and the department findings
and recommendation or decision. At least
fourteen calendar days prior to the scheduled hearing, the report, and in the
case of appeals any written appeal arguments submitted to the county, shall be
filed with the examiner and copies thereof shall be mailed to all persons of
record who have not previously received said materials. (Ord. 12196 § 35, 1996: Ord. 4461 § 6, 1979: Ord. 263 Art. 5 § 11, 1969).
20.24.160
Notice.
A. Notice of the time and place of any hearing
on an application before the hearing examiner pursuant to this chapter shall be
mailed by first class mail at least fourteen calendar days prior to the
scheduled hearing date to all persons who commented or requested notice of the
hearing. The notice of decision or
recommendation required by K.C.C. Title 20 may be combined with the notice of
hearing required hereby.
B. Notice of the time and place of any appeal
hearing before the hearing examiner pursuant to this chapter shall be mailed to
all parties of record by first class mail at least fourteen calendar days prior
to the scheduled hearing date.
C. If testimony cannot be completed prior to
adjournment on the date set for a hearing, the examiner shall announce prior to
adjournment the time and place said hearing will be continued. (Ord. 12196 § 36, 1996: Ord. 11502 § 7, 1994) Ord. 4461 § 7, 1979: Ord. 263 Art. 5 § 12, 1969).
20.24.170 Rules and conduct of hearings.
A.1. The examiner shall adopt
rules, including any amendments to the rules, for the conduct of hearings and
for any mediation process consistent with this chapter.
2. The
hearing examiner may propose amendments to the rules by filing a draft of the
amendments and a draft of a motion approving the amendments in the office of
the clerk of the council, for distribution to all councilmembers for
review. At the same time as the filing
of the draft, the hearing examiner shall also distribute for comment a copy of
the proposed amendments to any county department that has appeared before the
examiner in the year before the filing of proposed amendments and to any other
parties who have requested to be notified of proposed amendments to the
rules. Comments to the proposed
amendments may be filed with the clerk of the council for distribution to all
councilmembers for sixty days after the proposed amendments are distributed for
comment. The amendments shall take
effect when they have been approved by the council by motion.
3. The hearing examiner shall publish the rules
and any amendments to the rules and make them available to the public in
printed and electronic forms and shall post the rules and any amendments to the
Internet.
B. The examiner shall have the power to issue
summons and subpoena to compel the appearance of witnesses and production of
documents and materials, to order discovery, to administer oaths and to
preserve order.
C. To avoid unnecessary delay and to promote
efficiency of the hearing process, the examiner shall limit testimony,
including cross examination, to that which is relevant to the matter being
heard, in light of adopted county policies and regulations and shall exclude evidence
and cross examination that is irrelevant, cumulative or unduly
repetitious. The examiner may establish
reasonable time limits for the presentation of direct oral testimony, cross
examination and argument.
D. Any written submittals will be admitted only
when authorized by the examiner under pertinent and promulgated administrative
rules. (Ord. 15048 § 1, 2004: Ord.
11502 § 8, 1994: Ord. 4461 § 8, 1979:
Ord. 263 Art. 5 § 13, 1969).
20.24.175
Case management techniques.
In all matters heard by the examiner, the examiner shall use case
management techniques to the extent reasonable including:
A. Limiting testimony and argument to relevant
issues and to matters identified in the pre-hearing order;
B. Pre-hearing identification and submission of
exhibits (if applicable);
C. Stipulated testimony or facts;
D. Pre-hearing dispositive motions (if
applicable);
E. Use of pro tempore examiners;
F. Voluntary mediation and complainant appeal
mediation; and
G. Other methods to promote efficiency and to
avoid delay. (Ord. 16278 § 28, 2008: Ord.
11502 § 13, 1994).
20.24.180 Examiner findings. When the examiner
renders a decision or recommendation, he or she shall make and enter findings
of fact and conclusions from the record which support the decision and the
findings and conclusions shall set forth and demonstrate the manner in which
the decision or recommendation is consistent with, carries out and helps
implement applicable state laws and regulations and the regulations, policies,
objectives and goals of the comprehensive plan, subarea or community plans, the
zoning code, the land segregation code and other official laws, policies and
objectives of King County, and that the recommendation or decision will not be
unreasonably incompatible with or detrimental to affected properties and the
general public. (Ord. 12196 § 37,
1996: Ord. 4461 § 9, 1979).
20.24.190 Additional examiner findings -
reclassifications and shoreline redesignations. When the examiner
issues a recommendation regarding an application for a reclassification of
property or for a shoreline environment redesignation,
the recommendation shall include additional findings that support the
conclusion that at least one of the following circumstances applies:
A.
The proposed rezone or shoreline environment redesignation
is consistent with the King County Comprehensive Plan;
B.
The property is potentially zoned for the reclassification being
requested, conditions have been met that indicate the reclassification is appropriate
and the proposed rezone or shoreline environment redesignation
is consistent with the King County Comprehensive Plan;
C.
An adopted subarea plan or area zoning specifies that the property shall
be subsequently considered through an individual reclassification application
and the proposed rezone or shoreline environment redesignation
is consistent with the King County Comprehensive Plan; or
D.
The requested reclassification or redesignation
is in the public interest and the proposed rezone or shoreline environment redesignation is consistent with the King County
Comprehensive Plan. (Ord. 16950 § 12, 2010: Ord. 16263 § 9,
2008: Ord.
15243 § 2, 2005: Ord. 14047 § 12,
2001: Ord. 4461 § 10, 1979).
20.24.195 Additional examiner findings - preliminary plats. When the examiner
makes a decision regarding an application for a proposed preliminary plat, the
decision shall include additional findings as to whether:
A.
Appropriate provisions are made for the public health, safety, and
general welfare and for such open spaces, drainage ways, streets or roads,
alleys, other public ways, transit stops, potable water supplies, sanitary
wastes, parks and recreation, playgrounds, schools and school grounds and all
other relevant facts, including sidewalks and other planning features that
assure safe walking conditions for students who only walk to and from school;
and
B.
The public use and interest will be served by the platting of such
subdivision and dedication. (Ord. 12196
§ 38, 1996: Ord. 9544 § 16, 1990).
20.24.197 Additional examiner findings and
recommendations - school capacities. Whenever the examiner in the course of
conducting hearings or reviewing preliminary plat applications receives
documentation that the public schools in the district where the development is
proposed would not meet the standards set out in K.C.C. 21A.28.160 if the
development were approved, the examiner shall remand to the department of
development and environmental services to require or recommend phasing or
provision of the needed facilities and sites as appropriate to address the
deficiency, or deny the proposal if required by this chapter. The examiner shall prepare findings to
document the facts that support the action taken. The examiner shall recommend such phasing as
may be necessary to coordinate the development of the housing with the
provision of sufficient school facilities, or shall require the provision of
the needed facilities. An offer of
payment of a school impact fee as required by ordinance shall not be a substitute
for the phasing, but the fee is still assessable. The examiner shall recommend a payment
schedule for the fee to coordinate the payment with phasing of an impact
mitigation fee if the provision or payment is satisfactory to the
district. The examiner must determine
independently that the conditions of approval and assessable fees will provide
for adequate schools. (Ord. 14047 § 13, 2001: Ord. 11620 § 7, 1994: Ord. 9785 § 10, 1991).
20.24.210 Written recommendation or decision.
A.
Within ten days of the conclusion of a hearing or rehearing, the
examiner shall render a written recommendation or decision and shall transmit a
copy thereof to all persons of record.
The examiner
B.
Recommendations of the examiner in cases identified in K.C.C. 20.24.070
may be appealed to the council by an aggrieved party by filing a notice of
appeal with the clerk of the council within fourteen calendar days of the date
the examiner
C.
If no appeal is filed within fourteen calendar days, the clerk of the
council shall place a proposed ordinance which implements the examiner
provided further, the council by motion
may refer the matter to a council committee or remand to the examiner for the
purpose of further hearing, receipt of additional information or further
consideration when determined necessary prior to the council
D. Decisions of the examiner, that are
appealable to the council as provided in K.C.C. 20.24, shall be final unless
appealed to the council by an aggrieved party of record by filing a notice of
appeal with the clerk of the council within fourteen calendar days of the date
the examiner
E. Decisions of the examiner in cases identified
in K.C.C. 20.24.080 shall be final and reviewable pursuant to K.C.C.
20.24.240B. (Ord. 12196 § 39, 1996: Ord.
9306, 1990: Ord. 4461 § 11, 1979).
20.24.220 Appeal to council - recommendation.
A. If an appeal has been filed pursuant to
K.C.C. 20.24.210B, the appellant shall file with the office of the clerk of the
county council within twenty-one calendar days of the date of the examiner
B. Consideration by the council of the appeal,
except for appeals of examiner recommendations on petitions for road vacations,
shall be based upon the record as presented to the examiner at the public
hearing and upon written appeal statements based upon the record, but the
council also may allow parties a period of time for oral argument based on the
record. Consistent with RCW 36.70B.020(1), before or at the appeal hearing and
upon the request of the council, the hearing examiner or other county staff may
provide a written or oral summary, or both, of the appeal record, issues and
arguments presented in an appeal and may provide answers, based on the record,
to questions with respect to issues raised in an appeal asked by councilmembers
at the appeal hearing . Nothing in this
subsection shall be construed as limiting the ability of the council to seek
and receive legal advice regarding a pending appeal from the office of the
prosecuting attorney or other county legal counsel either within or outside of
the hearing.
C. The
examiner may conduct a conference with all parties to the appeal for the
purpose of clarifying or attempting to resolve certain issues on appeal, but
the deputy examiner who conducted the public hearing on the proposal may not
conduct the conference. Such a
conference shall be informal and shall not be part of the public record.
D.
If, after consideration of the record, written appeal statements and any
oral argument the council determines that:
1. An error in fact or procedure
may exist or additional information or clarification is desired, the council
shall remand the matter to the examiner; or
2. The recommendation of the
examiner is based on an error in judgment or conclusion, the council may modify
or reverse the recommendation of the examiner, but the council
E. Subsections B, C and D of this section do not
apply to an appeal of an examiner
20.24.222
Appeal to council - examiner
A. If an appeal has been filed pursuant to
K.C.C. 20.24.210D, the appellant shall file with the office of the clerk of the
county council within twenty-one calendar days of the date of the examiner
B. Consideration by the council of the appeal
shall be based upon the record as presented to the examiner at the public
hearing and upon written appeal statements based upon the record, but the
council also may allow parties a period of time for oral argument based on the
record. Consistent with RCW 36.70B.020(1), before or at the appeal hearing and
upon the request of the council, the hearing examiner or other county staff may
provide a written or oral summary, or both, of the appeal record, issues and
arguments presented in an appeal and may provide answers, based on the record,
to questions with respect to issues raised in an appeal asked by councilmembers
at the appeal hearing . Nothing in this
subsection shall be construed as limiting the ability of the council to seek
and receive legal advice regarding a pending appeal from the office of the
prosecuting attorney or other county legal counsel either within or outside of
the hearing.
C. The examiner may conduct a conference with
all parties to the appeal for the purpose of clarifying or attempting to
resolve certain issues on appeal, but the deputy examiner who conducted the
public hearing on the proposal may not conduct the conference. Such a conference shall be informal and shall
not be part of the public record.
D. If, after consideration of the record,
written appeal statements and any oral argument the council determines that:
1. Additional
information or clarification is required, the council shall remand the matter
to the examiner; or
2. The
decision of the examiner is based on an error in judgment or conclusion, the
council may modify or reverse the recommendation of the examiner; provided, the
council
E. Appeals shall be processed by the council as
expeditiously as possible, giving appropriate consideration to the procedural
due process rights of the parties.
Consideration of the appeal by the council shall be scheduled to ensure
that such appeals are processed within the time periods provided in K.C.C.
20.20.100. Failure of the council to
determine an appeal within applicable time limits shall not terminate the
jurisdiction of the council. (Ord. 13793
§ 3, 2000: Ord. 12196 § 41, 1996).
20.24.230 Council action. The council shall take final action on any
recommendation of the examiner or appeal from a decision by the examiner by
ordinance and when so doing, it shall make and enter findings of fact and
conclusions from the record of the public hearing conducted by the examiner.
The findings and conclusions shall set forth and demonstrate the manner in
which the action is consistent with, carries out and helps implement applicable
state laws and regulations and the regulations, policies, objectives and goals
of the comprehensive plan, the community plans, the zoning code, the
subdivision code and other official laws, policies and objectives for the
development of King County. The council may adopt as its own all or portions of
the examiner
Any ordinance may contain conditions
regarding the manner of development or other aspects regarding use of the
property including but not limited to dedication of land, provision of public
improvements to serve the subdivision, and/or impact fees authorized by chapter
82.02 RCW.
Any ordinance also may contain
reasonable conditions, in accordance with state law and county ordinances, that
must be satisfied before the ordinance becomes effective and the official
zoning maps shall not be amended until the conditions have been satisfied;
provided, the ordinance shall also designate the time period within which any
such conditions must be satisfied. All
authority pursuant to such ordinance shall expire if any of the conditions are
not satisfied within the designated time period and the property shall continue
to be subject to all laws, regulations and zoning as if the ordinance had not
been adopted; provided, the council may extend the period for satisfaction of
the conditions if, after a public hearing by the examiner, the council finds an
extension will be in the public interest and the extension was requested by the
applicant within the initial time period.
As an alternative to the adoption of an ordinance containing conditions,
the council may adopt an ordinance subject to the execution of a concomitant
agreement between the county and the applicant regarding the manner of
development of the property, any required improvements or any aspect regarding
use of the property. (Ord. 13625 § 19,
1999: Ord. 12196 § 42, 1996: Ord. 9544 § 17, 1990: Ord. 4680 § 2, 1980:
Ord. 4461 § 13, 1979: Ord. 263 Art. 5 §
18, 1969).
20.24.235 Findings - preliminary plats.
A.
In addition to the provisions of K.C.C. 20.24.230 King County shall not
approve a proposed subdivision and dedication unless it finds that:
1. Appropriate provisions are
made for the public health, safety, and general welfare and for such open
spaces, drainage ways, streets or roads, alleys, other public ways, transit
stops, potable water supplies, sanitary wastes, parks and recreation,
playgrounds, schools and school grounds and all other relevant facts, including
sidewalks and other planning features that assure safe walking conditions for
students who only walk to and from school; and
2. The public use and interest
will be served by the platting of such subdivision and dedication.
B.
If it finds that the proposed subdivision and dedication make such
appropriate provisions and that the public use and interest will be served,
then the council shall approve the proposed subdivision and dedication. Dedication of land to any public body, provision
of public improvements to serve the subdivision, and/or impact fees may be
required as a condition of subdivision approval. Dedications shall be clearly shown on the
final plat.
The council may adopt as its own all
or portions of the examiner
20.24.240 Judicial review of final decisions.
A. Decisions of the council in cases identified
in K.C.C. 20.24.070 or in cases appealed to the council as provided in K.C.C.
20.24.210D, shall be final and conclusive action unless within twenty-one
calendar days from the date of the council
B. Decisions of the examiner in cases identified
in K.C.C. 20.24.080 shall be a final and conclusive action unless within
twenty-one calendar days from the date of issuance of the examiner
C.
Prior to filing an appeal of a final decision for a conditional use
permit or special use permit, requested by a party that is licensed or
certified by the Washington state department of social and health services or
the Washington state department of corrections, an aggrieved party (other than
a county, city or town) must comply with the mediation requirements of chapter
35.63 RCW (chapter 119, Laws of 1998).
The time limits for appealing a final decision are tolled during the
mediation process. (Ord. 13250 § 2,
1998: Ord. 12196 § 44, 1996: Ord. 11502 § 10, 1994: Ord. 4461 § 15, 1979).
20.24.250 Reconsideration of final action.
A.
Any final action by the county council or hearing examiner may be
reconsidered by the council or examiner, respectively if:
1. The action was based in whole
or in part on erroneous facts or information;
2. The action when taken failed
to comply with existing laws or regulations applicable thereto; or
3. An
error of procedure occurred which prevented consideration of the interests of
persons directly affected by the action.
B. The council upon reconsideration shall refer
the matter to the land use appeal committee to review the matter pursuant to
the procedures and authority for appeals pursuant to K.C.C. 20.24.220.
C. The examiner shall reconsider a final
decision pursuant to the rules of the hearing examiner.
D. Authority of the council and examiner to
reconsider does not affect the finality of a decision when made. (Ord. 12196 § 45, 1996: Ord. 4461 § 14, 1979).
20.24.300 Digest of decisions. The examiner shall maintain and publish on a
quarterly basis a digest of all decisions and recommendations of the
examiner. Decisions reported in the
digest shall not be construed to establish any legal precedent. (Ord. 11502 § 17, 1994).
20.24.310 Citizens guide. The examiner shall issue a citizen’s guide on
the office of hearing examiner including making an appeal or participating in a
hearing. (Ord. 11502 § 18, 1994).
20.24.320 Semi-annual report. The chief examiner shall prepare a
semi-annual report to the King County council detailing the length of time
required for hearings in the previous six months, categorized both on average
and by type of proceeding. The report
shall provide commentary on examiner operations and identify any need for
clarification of county policy or development regulations. The semi-annual report shall be presented to
the council by March
1st and September 1st of each year.
(Ord. 11502 § 1994).
20.24.330 Voluntary mediation. As to any application or appeal pursuant to
K.C.C. 20.24 which is or could become the subject of a public hearing, the
responsible county department, the council or the hearing examiner, may at
their own discretion or at the request of the applicant or any person with
standing to the application or appeal, at any state of the proceedings on the
application or appeal, initiate a mediation process to resolve disputes as to
such application or appeal. The
mediation process shall be voluntarily agreed to by all participants to the
hearing process, and conducted by an independent impartial mediator who shall
not be a county employee or any person who will have any role in making any
recommendation or decision on the application or appeal. The mediation shall be conducted in
accordance with rules of mediation prepared by the hearing examiner. (Ord. 11502 § 20, 1994).
20.24.400 Site-specific land use map amendment. Upon initiation of a site-specific land use
map amendment to the comprehensive plan pursuant to K.C.C. 20.18.050, the
hearing examiner shall conduct a public hearing to consider the report and
recommendation of the department and to take testimony and evidence relating to
the proposed amendment. The hearing
examiner may consolidate hearings pursuant to K.C.C. 20.24.140 to the extent
practical. Following the public hearing,
the hearing examiner shall complete a report within thirty days which contains
written findings and conclusions regarding the proposed amendment’s
qualification for annual review consideration, and consistency or lack of
consistency with the applicable review criteria. An annual report containing all site specific
land use map amendment reports which have been completed shall be compiled by
the hearing examiner and submitted to the council by January 15 of the
following year. (Ord. 13147 § 34, 1998).
20.24.450 Appeals to the hearing examiner fees.
A.
Except as otherwise provided in subsection B. of this section, all
appeals to the hearing examiner, or from decisions of the hearing examiner,
shall be charged a fixed fee of two hundred fifty dollars to help defray the
cost associated with appeal processing.
Appeal fees shall be paid at the time of appeal submittal.
B. Appeals of permit fee estimates and billings
under K.C.C. chapter 27.50 shall be charged a fixed fee of fifty dollars to
help defray the costs associated with appeal processing. (Ord.
16026 § 3, 2008: Ord. 14449 § 12, 2002:
Ord. 13332 § 7, 1998. Formerly
K.C.C. 27.02.120).
20.24.510 Shoreline
redesignation - criteria for hearing examiner review. A shoreline redesignation
referred to the hearing examiner for a public hearing shall be reviewed based
upon the King County Comprehensive Plan policies, state and county shorelines
management goals and objectives and the following additional standards:
A. The proposed change shall implement and
support:
1. The
goals of the Comprehensive Plan;
2. The
goals, policies and objectives of the state Shorelines Management Act;
3. The
county’s shoreline master program; and
4. The
designation criteria of the proposed shoreline environment designation;
B. The impacts of development allowed by the
proposed change shall not permanently impair any habitat critical to endangered
or threatened species;
C. The impacts of development allowed by the
proposed change shall adequately address in a mitigation plan providing
significant enhancement of the first one hundred feet adjacent to the stream
and improved habitat for species declared as endangered or threatened under the
Endangered Species Act, to the extent those impacts may be determinable at the
time of the shorelines redesignation. A full mitigation plan shall accompany each
application, as provided in K.C.C. 20.18.057 and 20.18.058; and
D. If greater intensity of development would be
allowed as a result of the shoreline redesignation,
the proposal shall utilize clustering or a multi-story design to pursue minimum
densities while minimizing lot coverage adjacent to the shoreline setback
area. (Ord. 16985 § 15, 2010: Ord. 13687 § 7, 1999. Formerly K.C.C. 25.32.180).
20.24.520 Regional motor sports
facility – hearty examiner duties. The
hearing examiner shall receive and examine available information, conduct
public meetings and prepare records and reports thereof for transmittal to the
council, as provided in section K.C.C. 21A.55.105.M and S. (Ord. 17287 § 4, 2012).
Sections:
20.36.010 Purpose and intent.
20.36.015 Definitions.
20.36.020 Hearing examiner.
20.36.030 Applications.
20.36.040 Fees.
20.36.050 Time to file.
20.36.060 Notice of public hearing for timber land and open space applications
in
unincorporated
areas.
20.36.070 Application filed after October 1.
20.36.080 Effect of approval.
20.36.090 Open space and timber land applications in incorporated areas.
20.36.100 Public benefit rating system for open space land-definitions
and eligibility.
20.36.110 Current use taxation of timber land.
20.36.120 Assessor to approve or disapprove agricultural applications.
20.36.130 Time limit for farm and agricultural appeals and removal
appeals.
20.36.160 Assessed valuation schedule-public benefit rating system for
open space land.
20.36.165 Determination of public benefit values-split parcels.
20.36.170 Review of previously approved open space applications.
20.36.180 Report and evaluation.
20.36.190 Evaluation and approval of open space resource applications.
20.36.200 Outreach by department.
20.36.010 Purpose and intent. It is in the best interest of the county to
maintain, preserve, conserve and otherwise continue in existence adequate open
space lands for the production of food, fiber and forest crops, and to assure
the use and enjoyment of natural resources and scenic beauty for the economic
and social well-being of the county and its citizens.
It
is the intent of this chapter to implement RCW Chapter 84.34, as amended, by
establishing procedures, rules and fees for the consideration of applications
for public benefit rating system assessed valuation on "open space
land" and for current use assessment on "farm and agricultural
land" and "timber land" as those lands are defined in RCW
84.34.020. The provisions of RCW chapter
84.34, and the regulations adopted thereunder shall govern the matters not
expressly covered in this chapter. (Ord.
10511 § 3, 1992: Ord. 1886 § 1,
1974: Ord. 1076 § 1, 1971).
20.36.015
Definitions. The definitions
in this section apply throughout this chapter unless the context clearly
requires otherwise.
A. "Certified local government programs"
means historic preservation programs that are formally certified by the
National Park Service and Washington state Office of Archaeology and Historic
Preservation.
B. "Department" means the department
of natural resources and parks or its successor agency.
C. "Enrolled parcel" means a parcel
for which a public benefit rating system open space or timber land application
has been received and for which an agreement related to open space or timber
land classification, as described in WAC 458-30-240, has been executed and
recorded with the records and licensing services division and that is receiving
tax reduction benefits.
D. "Native plant" or "native
vegetation" means native vegetation as defined in K.C.C. 21A.06.790.
E. "Open space" means land that meets
the criteria specified in RCW 84.34.020(1)(b) and (c).
F. "Reevaluate" means to examine the
characteristics of a property currently designated under current use taxation
provisions of the open space program for qualification under the current public
benefit rating system provided for in this chapter.
G. "Timber land" means a property that
contains five to twenty acres of land that is devoted primarily to the growth
and harvest of timber for commercial purposes according to an approved forest
stewardship plan and that meets the requirements of chapter 84.34 RCW and
K.C.C. 20.36.110. (Ord. 17052 § 1, 2011: Ord. 15971
§ 90, 2007: Ord.
15137 § 1, 2005).
20.36.020
Hearing examiner. The office
of hearing examiner as established by K.C.C. chapter 20.24 shall act on behalf
of the council in considering applications for public benefit rating system
assessed valuation on open space land and for current use assessments on timber
land in an unincorporated area of the county or appeals from denials by the
county assessor of applications for current use assessments on farm and
agricultural land as provided in this chapter.
All such applications and appeals shall be processed pursuant to the
procedures established in this chapter and K.C.C. chapter 20.24. (Ord. 17052 § 2, 2011: Ord. 10511 § 4, 1992: Ord. 4462 § 6, 1979: Ord. 1886 § 2, 1974: Ord. 1076 § 2, 1971).
20.36.030 Applications. An owner of farm
and agricultural land desiring current use assessment under chapter 84.34 RCW
shall make application to the county assessor and an owner of open space land
desiring assessed valuation under the public benefit rating system or an owner
of timber land desiring current use assessment shall make application to the
county council by filing an application with the department natural resources
and parks. The application shall be upon forms supplied by the county and shall
include such information deemed reasonably necessary to properly classify an
area of land under chapter 84.34 RCW with a notarized verification of the truth
thereof. (Ord. 14199 § 228, 2001: Ord. 12969 § 2, 1998: Ord. 11796 § 2, 1995: Ord. 10778 § 2, 1993: Ord. 10511 § 5, 1992: Ord. 1886 § 3,
1974: Ord. 1076 § 3, 1971).
20.36.040 Fees.
A.
Except as provided in subsection B. of this section, the applicant shall
pay a current use filing fee, payable to the King County finance and business operations division
or its successor, in the amount of four hundred eighty dollars for each open
space or timber land application and one hundred eighty one dollars for each
farm and agriculture application.
B.
If an application is filed to add farm and agricultural conservation
land, forest stewardship land, resource restoration or rural stewardship land
category to a parcel that is already enrolled in the public benefit rating
system, no fee shall be charged for that application.
C. In the case of all farm and agricultural land
applications, whether the application is based on land within or outside of an
incorporated area, the entire fee shall be collected and retained by the
county. In the case of open space or
timber land applications based on land in an incorporated area of the county,
where the city legislative authority has set no filing fee, the county fee
shall govern and the entire fee shall be collected and retained by the
county. Where the city legislative
authority has established a filing fee for open space or timber land
applications based on land in an incorporated area of the county, the fee
established in subsection A. of this section shall be collected by the county
from the applicant and the county shall pay the city one-half of the fee
collected. The amount paid by the county
to the city shall not exceed the fee established by the city. The city shall be responsible for collecting
any fees that it has established that exceed one-half of the amount established
by subsection A. of this section. (Ord.
17052 § 3, 2011: Ord. 15970 § 3, 2007: Ord. 15579 § 1, 2006: Ord. 15137 § 2, 2005: Ord. 13332 § 64, 1998: Ord. 9719 § 23, 1990: Ord. 1886 § 4, 1974; Ord. 1076 § 4, 1971).
20.36.050 Time to file. Applications
shall be made by December 31st of the calendar year preceding that year in
which such classification is to begin.
(Ord. 1886 § 5, 1974: Ord. 1076 §
5, 1971).
20.36.060 Notice of public hearing for timberland and
open space applications in unincorporated areas. Notice of the
time, place and purpose of a public hearing before the hearing examiner on an
open space or a timberland application based on land in unincorporated area of
the county shall be given by one publication at least ten days before the
hearing. The clerk of the council shall
publish this notice in a newspaper of general circulation in the area. (Ord.
17052 § 4, 2011: Ord. 16552
§ 5, 2009: Ord. 15137 § 3, 2005: Ord. 4462 § 6A, 1979: Ord. 1886 § 7, 1974: Ord. 1076 § 7, 1971).
20.36.070 Applications filed after October 1. In the case of
open space and timber land applications filed after October 1 of each calendar
year, the examiner shall establish time periods for satisfaction of any
conditions so as to enable the county assessor to make a timely notation on the
assessment list and the tax roll for that land in the event of approval of those
applications. (Ord.
17052 § 5, 2011: Ord. 4462
§ 7, 1979).
20.36.080 Effect of approval. Any ordinance
approving an application constitutes authorization for the chair of the council
or the chair's designee to sign the open space taxation agreement for
classification under the public benefit rating system or the timber land
program. (Ord. 17052 § 7, 2011: Ord. 11195
§ 1, 1994: Ord. 4462 § 8, 1979).
20.36.090 Open space and timber land applications in
incorporated areas.
A.
In the case of open space and timber land applications received by the
county based on land in incorporated areas of the county, the department shall
promptly transmit a copy of the application to the affected city.
B.
Such an application shall be acted upon by the county council's transportation,
economy and environment committee, or its successor, and the applicable city
legislative body. The application shall
be acted upon after a public hearing by each such body and after notice of each
hearing shall have been given by one publication in a newspaper of general
circulation in the area at least ten days before the hearing. (Ord. 17052 § 7, 2011: Ord. 15137
§ 4, 2005: Ord. 11195 § 2, 1994: Ord. 1886 § 10, 1974).
20.36.100 Public benefit rating system for open space
land-definitions and eligibility.
A.
To be eligible for open space classification under the public benefit
rating system, property must contain one or more qualifying open space
resources and have at least five points as determined under this section. The department shall review each application
and recommend award of credit for current use of property that is the subject
of the application. In making such a
recommendation, the department shall utilize the point system described in
subsections B. and C. of this section.
B.
The following open space resources are each eligible for the points
indicated:
1. Public recreation area - five
points. For the purposes of this
subsection B.1, "public recreation area" means land devoted to
providing active or passive recreation use or that complements or substitutes
for recreation facilities characteristically provided by public agencies. Use of motorized vehicles is prohibited on
land receiving tax reduction for this category, except for golf carts on golf
courses, for maintenance or for medical, public safety or police
emergencies. To be eligible as a public
recreation area, the facilities must be open to the general public or to
specific public user groups, such as youth, senior citizens or people with
disabilities. A property must be
identified by the responsible agency within whose jurisdiction the property is
located as meeting the definition of public recreation area. If a property meets the definition of public
recreation area, the property owner must use best practices, if any, that are
defined in K.C.C. chapter 21A.06. If a
fee is charged for use, it must be comparable to the fee charged by a like
public facility;
2. Aquifer protection area-five
points. For the purposes of this
subsection B.2, "aquifer protection area" means property that has a
plant community in which native plants are dominant and that includes an area
designated as a critical aquifer recharge area under K.C.C. chapter 21A.24 or
applicable city critical aquifer recharge area regulations. To be eligible as an aquifer protection area,
at least fifty percent of the enrolling open space area or a minimum of one
acre of open space shall be designated as a critical aquifer recharge
area. If the enrolling open space area does
not have a plant community in which native plants are dominant, a plan for revegetation must be submitted and approved by the
department, and be implemented according to the plan's proposed schedule of
activities;
3. Buffer to public or current
use classified land - three points. For
the purposes of this subsection B.3, "buffer to public or current use
classified land" means land that has a plant community in which native
plants are dominant or has other natural features, such as streams or wetlands,
and that is adjacent and provides a buffer to a publicly owned park, trail,
forest, land legally required to remain in a natural state or a state or
federal highway or is adjacent to and provides a buffer to a property
participating in a current use taxation program under chapter 84.33 or 84.34
RCW. The buffer shall be no less than
fifty feet in length and fifty feet in width.
Public roads may separate the public land, or land in private ownership
classified under chapter 84.33 or 84.34 RCW, from the buffering land, if the
entire buffer is at least as wide and long as the adjacent section of the road
easement. Landscaping or other nonnative
vegetation shall not separate the public land or land enrolled under chapter 84.33
or 84.34 RCW from the native vegetation buffer.
The department may grant an exception to the native vegetation
requirement for property along parkways with historic designation, upon review
and recommendation of the historic preservation officer of King County or the
local jurisdiction in which the property is located. Eligibility for this exception does not
extend to a property where plantings are required or existing plant communities
are protected under local zoning codes, development mitigation requirements or
other local regulations;
4. Equestrian-pedestrian-bicycle
trail linkage - thirty-five points. For
the purposes of this subsection B.4, "equestrian-pedestrian-bicycle trail
linkage" means land in private ownership that the property owner allows
the public to use as an off-road trail linkage for equestrian, pedestrian or
other nonmotorized uses or that provides a trail link
from a public right-of-way to a trail system.
Use of motorized vehicles is prohibited on trails receiving a tax
reduction for this category, except for maintenance or for medical, public
safety or police emergencies. Public
access is required only on that portion of the property containing the
trail. The landowner may impose
reasonable restrictions on access that are mutually agreed to by the landowner
and the department, such as limiting use to daylight hours. To be eligible as an equestrian-pedestrian-bicycle
trail linkage, the owner shall provide a trail easement to an appropriate
public or private entity acceptable to the department. The easement shall be recorded with the
records and licensing services division.
In addition to the area covered by the trail easement, adjacent land
used as pasture, barn or stable area and any corral or paddock may be included,
if an approved and implemented farm management plan is provided. Land necessary to provide a buffer from the
trail to other nonequestrian uses, land that
contributes to the aesthetics of the trail, such as a forest, and land set
aside and marked for off road parking for trail users may also be included as
land eligible for current use taxation. Those
portions of private roads, driveways or sidewalks open to the public for this
purpose may also qualify. Fencing and
gates are not allowed in the trail easement area, except those that are
parallel to the trail or linkage;
5. Active trail linkage - fifteen
or twenty-five points. For the purposes
of this subsection B.5., "active trail linkage" means land in private
ownership through which the owner agrees to allow nonmotorized
public passage, for the purpose of providing a connection between trails within
the county's regional trails system and local or regional attractions or points
of interest, for trail users including equestrians, pedestrians, bicyclists and
other users. For the purposes of this
subsection B.5., "local or regional attractions or points of
interest" include other trails, parks, waterways or other recreational and
open space attractions, retail centers, arts and cultural facilities,
transportation facilities, residential concentrations or similar destinations. To be eligible as an active trail linkage,
the linkage must be open to passage by the general public and the property
owner must enter into an agreement with the county consistent with applicable
parks and recreation division polices to grant public access. To receive twenty-five points, the property
owner must enter into an agreement with the county regarding improvement of the
trail, including trail pavement and maintenance. To receive fifteen points, the property owner
must agree to allow a soft-surface, nonpaved
trail. The parks and recreation division
is authorized to develop criteria for determining the highest priority linkages
for which it will enter into agreements with property owners.
6. Farm and agricultural
conservation land - five points. For the
purposes of this subsection B.6., "farm and agricultural conservation
land" means land previously classified as farm and agricultural land under
RCW 84.34.020 that no longer meets the criteria of farm and agricultural land,
or traditional farmland not classified under chapter 84.34 RCW that has not
been irrevocably devoted to a use inconsistent with agricultural uses and has a
high potential for returning to commercial agriculture. To be eligible as farm and agricultural
conservation land, the property must be used for farm and agricultural
activities or have a high probability of returning to agriculture and the
property owner must commit to return the property to farm or agricultural
activities by implementing a farm management plan. An applicant must have an approved farm
management plan in accordance with K.C.C. 21A.24.051 that is acceptable to the
department and that is being implemented according to its proposed schedule of
activities before receiving credit for this category. Farm and agricultural activities must occur
on at least one acre of the property.
Eligible land must be zoned to allow agricultural uses and be owned by
the same owner or held under the same ownership. Land receiving credit for this category shall
not receive credit for the category "contiguous parcels under separate
ownership";
7. Forest stewardship land - five
points. For the purposes of this
subsection B.7., "forest stewardship land" means property that is
managed according to an approved forest stewardship plan and that is not
enrolled in the timberland program under chapter 84.34 RCW or the forestland
program under chapter 84.33 RCW. To be
eligible as forest stewardship land, the property must contain at least four
acres of contiguous forestland, which may include land undergoing reforestation,
according to the approved plan. The
owner shall have and implement a forest stewardship plan approved by the
department. The forest stewardship plan
may emphasize forest retention, harvesting or a combination of both. Land receiving credit for this category shall
not receive credit for the resource restoration category or the rural
stewardship land category;
8. Historic landmark or
archeological site: buffer to a
designated site - three points. For the
purposes of this subsection B.8, "historic landmark or archaeological
site: buffer to a designated site"
means property adjacent to land constituting or containing a designated county
or local historic landmark or archeological site, as determined by the historic
preservation officer of King County or other jurisdiction in which the property
is located that manages a certified local government program. To be eligible as a historic landmark or
archeological site: buffer to a
designated site, a property must have a plant community in which native plants
are dominant and be adjacent to or in the immediate vicinity of and provide a
significant buffer for a designated landmark or archaeological site listed on
the county or other certified local government list or register of historic
places or landmarks. For the purposes of
this subsection B.8., "significant buffer" means land and plant
communities that provide physical, visual, noise or other barriers and
separation from adverse effects to the historic resources due to adjacent land
use;
9. Historic landmark or archeological
site: designated site - five
points. For the purposes of this
subsection B.9., "historic landmark or archaeological site: designated site" means land that
constitutes or upon which is situated a historic landmark designated by King
County or other certified local government program. Historic landmarks include buildings,
structures, districts or sites of significance in the county's historic or
prehistoric heritage, such as Native American settlements, trails, pioneer settlements,
farmsteads, roads, industrial works, bridges, burial sites, prehistoric and
historic archaeological sites or traditional cultural properties. To be eligible as a historic landmark or
archeological site: designated site, a
property must be listed on a county or other certified local government list or
register of historic places or landmarks for which there is local regulatory
protection. Eligible property may
include property that contributes to the historic character within designated
historic districts, as defined by the historic preservation officer of King
County or other certified local government jurisdiction. The King County historic preservation officer
shall make the determination on eligibility;
10. Historic landmark or archeological
site: eligible site - three points. For the purposes of this subsection B.10,
"historic landmark or archaeological site:
eligible site" means land that constitutes or upon which is
situated a historic property that has the potential of being designated by a
certified local government jurisdiction, including buildings, structures,
districts or sites of significance in the county's historic or prehistoric
heritage, such as Native American settlements, pioneer settlements, farmsteads,
roads, industrial works, bridges, burial sites, prehistoric and historic
archaeological sites or traditional cultural properties. An eligible property must be determined by
the historic preservation officer of King County or other certified local
government program in the jurisdiction in which the property is located to be
eligible for designation and listing on the county or other local register of
historic places or landmarks for which there is local regulatory
protection. Eligible property may
include contributing property within designated historic districts. Property listed on the state or national
Registers of Historic Places may qualify under this category;
11. Rural open space - five
points. For the purposes of this
subsection B.11., "rural open space" means an area of ten or more
contiguous acres of open space located outside of the urban growth area as
identified in the King County Comprehensive Plan that:
a. has a plant community in which
native plants are dominant;
b. is former open farmland,
woodlots, scrublands or other lands that are in the process of being replanted
with native vegetation for which the property owner is implementing an approved
farm management, forest stewardship, rural stewardship or resource restoration
plan acceptable to the department;
12. Rural stewardship land - five
points. For the purposes of this
subsection B.12., "rural stewardship land" means lands zoned RA
(rural area), A (agriculture) or F (forest), that has an implemented rural
stewardship plan as provided in K.C.C. chapter 21A.24 that is acceptable to the
department. On RA-zoned property, the
approved rural stewardship plan shall meet the goals and standards of K.C.C.
21A.24.055. For A- and F-zoned
properties, credit for this category is allowed if the plan meets the goals of
K.C.C. 21A.24.055 D. through G. A rural
stewardship plan includes, but is not limited to, identification of critical
areas, location of structures and significant features, site-specific best
management practices, a schedule for implementation and a plan for monitoring
as provided in K.C.C. 21A.24.055. To be
eligible as rural stewardship land, the open space must be at least one acre
and feature a plant community in which native plants are dominant or be in the
process of restoration, reforestation or enhancement of native vegetation. Land receiving credit for this category shall
not receive credit for the resource restoration or the forest stewardship land category;
13. Scenic resource, viewpoint or
view corridor - five points.
a. For the purposes of this subsection B.13., "scenic
resource" means an area of ten or more enrolling acres of natural or
recognized cultural features visually significant to the aesthetic character of
the county. A site eligible as a scenic
resource must be significant to the identity of the local area and must be
visible to a significant number of the general public from public
rights-of-way, must be of sufficient size to substantially preserve the scenic
resource value and must enroll at least ten acres of open space.
b. For the purposes of this
subsection B.13., a "viewpoint" means a property that provides a view
of an area visually significant to the aesthetic character of the county. To be eligible as a viewpoint, a site must
provide a view of a scenic natural or recognized cultural resource in King
County or other visually significant area and allows unlimited public access
and be identified by a permanent sign readily visible from a road or other
public right-of-way.
c. For the purposes of this
subsection B.13., a "view corridor" means a property that contributes
to the aesthetics of a recognized view corridor critical to maintaining a
public view of a visually significant scenic natural or recognized cultural
resource. A site eligible as a view
corridor must contain at least one acre of open space that contributes to a
view corridor visible to the public that provides views of a scenic natural
resource area or recognized cultural resource significant to the local
area. Recognized cultural areas must be
found significant by the King County historic preservation officer or
equivalent officer of another certified local government program and must
contain significant inventoried or designated historic properties. Eligibility is subject to determination by
the department or applicable jurisdiction;
14. Significant plant or
ecological site - five points. For the
purposes of this subsection B.14., "significant plant or ecological
site" means an area that meets criteria for Element Occurrence established
under the Washington Natural Heritage Program authorized by chapter 79.70
RCW. An Element Occurrence is a
particular, on-the-ground observation of a rare species or ecosystem. An eligible site must be listed as an Element
Occurrence by the Washington Natural Heritage Program as of the date of the
application or be identified as a property that meets the criteria for an
Element Occurrence. The identification
must be confirmed by a qualified expert acceptable to the department. The department will notify the Washington
Natural Heritage Program of any verified element occurrence on an enrolling
property. Commercial nurseries,
arboretums or other maintained garden sites with native or nonnative plantings
are ineligible for this category;
15. Significant wildlife or salmonid habitat - five points.
a. For the purposes of this
subsection B.15, "significant wildlife or salmonid
habitat" means:
(1) an area used by animal
species listed as endangered, threatened, sensitive or candidate by the
Washington state Department of Fish and Wildlife or Department of Natural
Resources as of the date of the application, or used by species of local
significance that are listed by the King County Comprehensive Plan or a local
jurisdiction;
(2) an area where the species
listed in subsection B.15.a.(1). of this section are potentially found with
sufficient frequency for critical ecological processes to occur such as
reproduction, nesting, rearing, wintering, feeding or resting;
(3) a site that meets the criteria for priority
habitats as defined by the Washington state Department of Fish and Wildlife
that is so listed by the King County Comprehensive Plan or the local
jurisdiction in which the property is located; or
(4) a site that meets criteria
for a wildlife habitat conservation area as defined by the department or a
local jurisdiction.
b. To be eligible as significant
wildlife or salmonid habitat, the department or by
expert determination acceptable to the department must verify that qualified
species are present on the property or that the land fulfills the functions
described in subsection B.15.a. of this section. To receive credit for salmonid
habitat, the owner must provide a buffer at least fifteen percent greater in
width than required by any applicable regulation. Property consisting mainly of disturbed or
fragmented open space determined by the department as having minimal wildlife
habitat significance is ineligible for this category;
16. Special animal site - three
points. For the purposes of this
subsection B.16., "special animal site" means a site that includes a
wildlife habitat network identified by the King County Comprehensive Plan or
individual jurisdictions through the Growth Management Act, chapter 36.70A RCW,
or urban natural area as identified by the Washington state Department of Fish
and Wildlife's priority habitats and species project as of the date of the
application. To be eligible as a special
animal site, the property must be identified by King County or local or state
jurisdiction or by expert verification acceptable to the department or local
jurisdiction. Property consisting mainly
of disturbed or fragmented open space determined by the department to have
minimal wildlife habitat significance is ineligible for this category;
17. Surface water quality buffer -
five points. For the purposes of this
subsection B.17., "surface water quality buffer" means an undisturbed
area that has a plant community in which native plants are dominant adjacent to
a lake, pond, stream, shoreline, wetland or marine waters, that provides
buffers beyond that required by any applicable regulation. To be eligible as surface water quality
buffer, the buffer must be at least fifty percent wider than the buffer
required by any applicable regulation and longer than twenty-five feet. The
qualifying buffer area must be preserved from clearing and intrusion by
domestic animals and protected from grazing or use by livestock;
18. Urban open space - five
points.
a. For the purposes of this
subsection B.18, "urban open space" means land located within the
boundaries of a city or within the urban growth area that has a plant community
in which native plants are dominant and that under the applicable zoning is
eligible for more intensive development or use.
To be eligible as urban open space, the enrolling area must be at least
one acre, or be at least one-half acre if the land meets one of the following
criteria:
(1)
the land conserves and enhances natural or scenic resources;
(2)
the land protects streams or water supply;
(3)
the land promotes conservation of soils, wetlands, beaches or tidal
marshes;
(4)
the land enhances the value to the public of abutting or neighboring
parks, forests, wildlife preserves, nature reservations or sanctuaries or other
open space;
(5)
the land enhances recreation opportunities to the general public; or
(6)
the land preserves visual quality along highways, roads, and streets or
scenic vistas.
b. Owners of noncontiguous
properties that together meet the minimum acreage requirement of subsection B.18.a.
of this section may jointly apply under this category if each property is
closer than seventy-five feet to one other property in the application and if
each property contains an enrolling open space area at least as large as the
minimum zoned lot size; and
19. Watershed protection area - five
points. For the purposes of this
subsection B.19, "watershed protection area" means property
contributing to the forest cover that provides run-off reduction and
groundwater protection. To be eligible
as watershed protection area, the property must consist of contiguous native
forest or be in the process of reforestation.
The enrolling forested area must consist of additional forest cover
beyond that required by county or applicable local government regulation and
must be at least one acre or sixty-five percent of the property acreage,
whichever is greater. If reforestation
or improvements to the forest health are necessary, the property owner shall
provide and implement a forest stewardship, resource restoration or rural
stewardship plan that addresses this need and is acceptable to the department.
C.
Property qualifying for an open space category in subsection B. of this
section may receive credit for additional points as follows:
1. Resource restoration - five
points. For the purposes of this
subsection C.1, "resource restoration" means restoration of an enrolling
area benefiting an area in an open space resource category. Emphasis shall be placed on restoration of anadromous fish rearing habitat, riparian zones, migration
corridors and wildlife, upland, stream and wetland habitats. To be eligible as resource restoration, the
owner must provide and implement a restoration plan developed in cooperation
with the Soil Conservation Service, the state Department of Fisheries and
Wildlife, King County or other appropriate local or county agency that is
acceptable to the department. Historic
resource restoration must be approved by the King County historic preservation
officer or officer of another certified local government and must be
accompanied by a long-term maintenance plan.
For resource restoration credit, the owner shall provide to the
department a yearly monitoring report for at least five years following
enrollment in the public benefit rating system program. The report shall describe the progress and
success of the restoration project and shall include photographs to document
the success. Land receiving credit for
this category shall not receive credit for the forest stewardship land category
or the rural stewardship land category
2. Additional surface water quality buffer - three
or five points. For the purposes of this
subsection C.2, "additional surface water quality buffer" means an
undisturbed area of native vegetation adjacent to a lake, pond, stream, wetland
or marine water providing a buffer width of at least twice that required by
regulation. To be eligible as additional
surface water quality buffer, the property must qualify for the surface water
quality buffer category in subsection B. of this section. Three points are awarded for additional
buffers no less than two times the buffer width required by any applicable
regulation. Five points are awarded for
additional buffers no less than three times the buffer width required by any
applicable regulation;
3. Contiguous parcels under separate
ownership - two points per participating owner above one owner. The points under this subsection C.3. accrue
to all of the owners of a single application.
However, the withdrawal of a participating property by an owner results
in the loss of two points to the total credit awarded for each of the remaining
owners under this subsection C.3. For
the purposes of this subsection C.3, "contiguous parcels" means either:
a. enrolling parcels abut each other without any significant natural or manmade
barrier separating them; or
b. enrolling parcels abut a
publicly owned open space but not necessarily abut
each other without any significant natural or manmade barriers separating the
publicly owned open space and the parcels seeking open space
classification. Contiguous parcels of
land with the same qualifying public benefit rating system resources are
eligible for treatment as a single parcel if open space classification is
sought under the same application except as otherwise prohibited by the farm
and agricultural conservation land category.
Award of this category requires a single application by multiple owners
and parcels with identical qualifying public benefit rating system
resources. Treatment as contiguous
parcels shall include the requirement to pay only a single application fee and
the requirement that the total area of all parcels combined must equal or
exceed any required minimum area, rather than each parcel being required to
meet the minimum area. Individual
parcels may be withdrawn from open space classification consistent with all
applicable rules and regulations without affecting the continued eligibility of
all other parcels accepted under the same application, but the combined area of
the parcels remaining in open space classification must still qualify for their
original enrolling public benefit rating system category or categories. To be eligible as contiguous parcels under
separate ownership, the property must include two or more parcels under
different ownership. The owners of each
parcel included in the application must agree to identical terms and conditions
for enrollment in the program;
4. Conservation easement or historic
preservation easement - fifteen points.
For the purposes of this subsection C.4, "conservation easement or
historic preservation easement" means land on which an easement is
voluntarily placed that restricts, in perpetuity, further potential development
or other uses of the property. The
granting of this conservation easement or historic preservation easement
provides additional value through permanent protection of a resource. These easements are typically donated or sold
to a government or nonprofit organization, such as a land trust or
conservancy. To be eligible as
conservation easement or historic preservation easement, the easement must be
approved by the department and be recorded with the records and licensing
services division. The easement shall be
conveyed to the county or to an organization acceptable to the department. In addition, historic preservation easements
shall also be approved by the historic preservation officer of King County or
officer of another certified local government jurisdiction in which the
property is located. An easement
required by zoning, subdivision conditions or other land use regulation is not
eligible unless an additional substantive easement area is provided beyond that
otherwise required;
5. Public access - points depend
on type and frequency of access allowed.
For the purposes of this subsection C.5, "public access "
means the general public is allowed access on an ongoing basis for uses such
as, but not limited to, recreation, education or training. Access must be allowed on only the portion of
the property that is designated for public access. The landowner may impose reasonable
restrictions on access, such as limiting use to daylight hours, that are
mutually agreed to by the landowner and the department. No physical barriers may limit reasonable
public access or negatively affect an open space resource. To be eligible for public access at one of
the levels described in a. through d. of this subsection C.5, a property owner
shall demonstrate that the property is open to public access and is used by the
public. Public access points for
historic properties shall be approved by the historic preservation officer of
King County or officer of another certified local government jurisdiction in
which the property is located. The
property owner may be required to furnish and maintain signage according to
county specifications.
a. Unlimited public access - five points. Year-round access by the general public is
allowed on the enrolled parcel without special arrangements with the property
owner.
b. Limited public access because
of resource sensitivity - five points.
Access may be reasonably limited by the property owner on the enrolled
parcel due to the sensitive nature of the resource, with access provided only
to appropriate user groups. The access
allowed shall generally be for an educational, scientific or research purpose
and may require special arrangements with the owner.
c. Environmental education access
- three points. The landowner enters
into an agreement with a school, an organization with 26 U.S.C. Sec. 501(c)(3)
tax status, or with the agreement of the department, other community
organization that allows membership by the general public to provide
environmental education on the enrolled parcel to its members or the public at
large. The landowner and the department
must mutually agree that the enrolled parcel has value for environmental
education purposes.
d. Seasonally limited public
access - three points. Access by the
public is allowed on the enrolled parcel, [with or]* without special
arrangements with the property owner, during only part of the year based on seasonal
conditions, as mutually agreed to by the landowner and the department.
e. None or members-only - zero
points. No public access is allowed or
the access is allowed only by members of the organization using or owning the
land; and
6. Easement and access - thirty
five points. For the purposes of this
subsection C.6, "easement and access" means that the property has at
least one qualifying open space resource, unlimited public access or limited
public access due to resource sensitivity, and a conservation easement or
historic preservation easement in perpetuity in a form and with conditions
acceptable to the department. To be
eligible a property must receive credit for an open space category and for the
conservation easement or historic easement in perpetuity category. The owner must agree to allow public access
to the portion of the property designated for public access in the
easement. An easement required by zoning,
subdivision conditions or other land use regulation is not eligible, unless
there is additional easement area beyond that required. Credit for this category cannot overlap with
the equestrian-pedestrian-bicycle trail linkage category. (Ord. 17052 § 8, 2011: Ord.
16942 § 1, 2010: Ord.
15971 § 91, 2007: Ord. 15137 § 5, 2005: Ord. 15028 § 3, 2004: Ord. 14259 § 6, 2001: Ord. 14199 § 229, 2001: Ord. 12969 § 3, 1998: Ord. 11796 § 3, 1995: Ord. 10778 § 3, 1993: Ord. 10511 § 7, 1992).
*Reviser’s note: Not deleted in accordance with K.C.C.
1.24.075 in Ordinance 17052.
20.36.110 Current use taxation of timber land. Classification of timber land for
current use taxation under chapter 84.34 RCW shall be in accordance with the
following criteria:
A.
The property to be classified shall contain not less than five and not
more than twenty acres of timber land;
B. The property must be within an established F
(forest resource), A (agriculture) or RA (rural area) zone; and
C. The owner is responsible for the
implementation of a department approved forest stewardship plan. (Ord.
17052 § 9, 2011: Ord. 11620 § 9, 1994: Ord. 9322, 1990: Ord. 2537 § 2, 1975).
20.36.120 Assessor to approve or disapprove
agricultural applications. The county assessor shall approve or
disapprove all applications for farm and agricultural classification with due
regard to all relevant evidence. These
applications shall be deemed to have been approved unless, prior to the first
of May of the year after such application was mailed or delivered to the
assessor, he shall notify the applicant
in writing to the extent to which the application is denied. (Ord. 1886 § 11, 1974).
20.36.130 Time limit for farm and agricultural appeals
and removal appeals.
A. An applicant for current assessment of farm
and agricultural land who receives notice in writing from the county assessor
that his application has been denied may appeal such denial to the county
council by filing a written appeal with the clerk of the county council within
twenty-one calendar days of the date of the assessor
B. An owner of classified land who receives
notice in writing from the county assessor that all or a portion of such land
has been removed from current use classification may appeal such removal to the
county board of equalization by filing a written appeal with the clerk of the
board of equalization within thirty calendar days of the date of the assessor
20.36.160 Assessed valuation schedule-public benefit
rating system for open space land. The public benefit rating system for open
space land bases the level of assessed fair market value reduction on the total
number of awarded points. The market
value reduction establishes the current use value. This current use value will
be expressed as a percentage of market value based on the public benefit rating
of the property and the valuation schedule below:
Public
Benefit Rating Current
Use Value
0-4 points 100%
of market value
5-10 points 50% of
market value
11-15
points 40%
of market value
16-20
points 30%
of market value
21-34
points 20%
of market value
35-52
points 10%
of market value
(Ord. 10511 § 6, 1992).
20.36.165 Determination of public benefit values-split
parcels. The public benefit value
for those portions of parcels accepted into the open space program where no
further subdivision is permitted due to minimum lot size requirements shall be
equal to the same percentage of overall assessed value the portion represents
of the total parcel size, further reduced by the current use assessed valuation
schedule. (Ord. 11195 § 4, 1994).
20.36.170 Review of previously approved open space
applications. In accordance with chapter 84.34 RCW, the
department shall reevaluate open space property that has been approved for
current use assessment before August 28, 1992, where the revaluation has not
been completed before April 1, 2005. The
landowner shall be notified of the new assessed value in the manner described
in RCW 84.40.045. The property owner may
request removal of all, or a portion of, the property from open space
classification by notifying the department in writing within thirty days after
the notification required by this section has been mailed to the owner without incurring
back taxes, interest and penalty, in accordance with WAC 458-30-340. (Ord. 15137 § 9, 2005: Ord. 10511 § 8, 1992).
20.36.180 Report and evaluation. The executive
shall submit an annual report to the council with details the extent of
participation in the public benefit rating system. The council shall reevaluate the public
benefit rating system program two years from August 17, 1992, to assess the
progress of the program. (Ord. 10511 §
9, 1992).
20.36.190 Evaluation and approval of open space
resource applications.
A.
A property may achieve a maximum of a ninety-percent reduction in
assessed value of that portion of the land enrolled in the public benefit
rating system through the rating system and the bonus categories. Portions of a property may qualify for open
space designation. A plant community
where native plants are dominant that does not independently contain a
qualifying open space resource can participate if it is contiguous to and
provides a benefit to a portion of the property being awarded credit for a
qualifying open space priority resource.
The department shall evaluate a property for which open space
classification is sought under this chapter for the presence of open space
resource categories. Adjacent parcels of
land with the same open space resources, owned by one or more landowners, may
be eligible for consideration as a single parcel if open space classification
is sought under the same application, except for property pursuing credit for
the farm and agricultural conservation land category, which must be owned by
the same owner or held under the same ownership. . For
the purpose of determining buffer measurements under this chapter, the width is
the distance perpendicular to the edge of the resource and the length of the
buffer is parallel to the resource. The
entire buffer width may be averaged to qualify for a resource category.
B.1.
The presence or occurrence of an eligible open space resource shall be
verified by:
a. reference to a recognized
source, such as:
(1) the natural heritage data
base;
(2) the state office of historic
preservation;
(3) state, national, county or
city registers of historic places;
(4) the interagency committee for
outdoor recreation inventory of dry accretion beach and shoreline features;
(5) the shoreline master program;
(6) parks and recreation studies;
or
(7) studies by the state
Department of Fish and Wildlife or Department of Natural Resources; or
c. reference to a map developed
by the county or other recognized authority.
2. Alternatively, the existence
of the resource may be verified using the best available source, such as a
recognized expert in the particular resource being reviewed.
3. When more than one reasonable
interpretation can be supported by the text of this chapter, the department is
authorized to make a determination relating to the open space resource
definitions and eligibility standards in accordance with the purpose and intent
of this chapter. The department is
authorized to calculate the appropriate area of land to receive credit for a
particular priority resource to support the assessor’s determination of the
accompanying tax reduction for each priority resource.
C.
Management or preservation of the open space resources is a condition
for acceptance into the program. Each
open space resource must be maintained in the same or better condition as it
was when approved for enrollment. The
property owner shall not engage in any activity that reduces the value of the
open space resource, unless that activity is required for public safety and is
conducted lawfully under appropriate permits.
As a condition of enrollment into the program, the department may
require the development of a plan acceptable to the department to restore any
property whose open space resources are degraded. In addition, if an existing approved plan for
farm and agricultural conservation land, forest stewardship land, rural
stewardship land or resource restoration category has a management schedule or
management goals that are out of date or otherwise require change, the owner is
responsible for revising the plan. Any
such revisions to the plan must be reviewed and accepted by the department.
D.
The county's acceptance of property into the public benefit rating
system may be based on specific conditions or requirements being met,
including, but not limited to, the granting of easements.
E.
Except as otherwise provided in this chapter, the following properties
or areas are not eligible for open space classification:
1. Improvements or structures
situated upon eligible open space land;
2. Properties that do not contain
a qualifying open space priority resource;
3. Open space areas protected by
a native growth, forest retention or other covenant that is required as part of
a development process or subdivision, or required by zoning or other land use
regulation, except such an area would be eligible if its participation provides
further public benefit and there is enrollment of at least ten percent
additional open space beyond that restricted or required by applicable covenant
or regulation. The additional acreage
provided must be acceptable to the department and feature a plant community
where native plants are dominant or that will be dominant following the
implementation of an approved farm management, forest stewardship, resource
restoration or rural stewardship plan;
4. Any portion of a property that
is dominated by or whose resource value is compromised by invasive plant species,
unless the department has received a resource restoration, rural stewardship,
farm management or forest stewardship plan and determined that the plan
addresses the invasive plant species concern and that the plan [has been
provided]* and is being implemented; and
5. Homesite
and other areas developed for residential or personal use, such as garden,
landscaping and driveway, except for historic resources.
F.
The department may monitor the participating portion of the property to
evaluate its current use and the continuing compliance with the conditions
under which open space classification was granted.
1. Monitoring may include scheduled, physical
inspections of the property.
2. An owner of property enrolled
in the program may be required to submit a monitoring report on an annual or
less frequent basis as requested by program staff. This report must include a brief description
of how the property still qualifies for each awarded resource category. It must also include photographs from
established points on the property and any observations by the owner. The owner must submit this report to the
department by email or by other mutually
agreed upon method. An environmental
consultant need not prepare this report.
3. An owner of property receiving
credit for farm and agricultural conservation land, forest stewardship land, or
rural stewardship land, all of which require a stewardship or management plan,
must annually provide a monitoring report that describes progress of
implementing the plan. The owner must
submit this report, which must include a brief description of activities taken
to implement the plan and photographs from established points on the property,
to the department by email or by other mutually agreed upon method. An environmental consultant need not prepare
this report.
G.
Failure by the owner to meet the conditions of the approval or to
maintain the uses of the property that were the basis for the original approval
shall be grounds for the department to reevaluate the property under the public
benefit rating system. If the reevaluation
shows the property or a portion of the property is no longer eligible to
participate in the program because it does not qualify for any public benefit
rating system category as originally approved, the county shall take action to
remove the current use classification and determine the amount of deferred
taxes, interest and penalty owed by the landowner. An appeal by the landowner from such a
determination may be filed as provided for in K.C.C. 20.36.130.B. If the reevaluation shows the property or a
portion thereof is no longer eligible as approved but that the property still
qualifies for one or more public benefit rating system resource categories,
then the overall credit award shall be adjusted to reflect the reevaluation. The new credit award may result in a current
use assessment at a lower percentage of market value than was originally
approved. (Ord. 17052 § 10, 2011: Ord.
15137 § 10, 2005).
*Reviser’s note: Not deleted in accordance with K.C.C.
1.24.075 in Ordinance 17052.
20.36.200 Outreach by department. The department
shall undertake an outreach effort to actively encourage participation by
eligible landowners in obtaining open space classification under the public
benefit rating system, with emphasis on rural stewardship, aquifer protection
areas, farm and agricultural conservation lands, forest stewardship lands,
rural open space lands, and watershed protection areas. This outreach must include, among other elements,
communications with community groups, civic organizations, volunteer
associations and similar organizations, to:
A.
Highlight the benefits of the program;
B.
Seek participation by qualifying landowners;
C.
Seek communications with local media outlets; and
D.
Seek participation in workshops by the department related to farm
management planning, forest management planning and rural stewardship planning. (Ord. 15137 § 11, 2005).
Sections:
20.44.010 Definitions and abbreviations.
20.44.020 Lead agency.
20.44.030 Purpose and general requirements.
20.44.040 Categorical exemptions and threshold
determinations.
20.44.042 Planned actions.
20.44.050 Environmental impact statements and other
environmental documents.
20.44.060 Comments and public notice.
20.44.070 Use of existing environmental documents.
20.44.075 Department of natural resources and parks
procedural SEPA decisions.
20.44.080 Substantive authority.
20.44.085 SEPA/GMA Integration.
20.44.090 On going actions.
20.44.100 Responsibility as consulted agency.
20.44.120 Appeals.
20.44.130 Department procedural rules.
20.44.145 Effective date - procedures for rules.
20.44.010 Definitions and abbreviations.
A.
King County adopts by reference the definitions contained in WAC 197‑11‑700
through 197‑11‑799.
In addition, the
following definitions are adopted for this chapter:
1. "County council"
means the county council described in Article 2 of the Home Rule Charter for
King County or its duly authorized designee.
2. "County department"
means any administrative office or executive department of King County, as
described in K.C.C. 2.16.
3. "County executive"
means any county executive described in Article 3 of the Home Rule Charter for
King County or his or her duly authorized designee.
B.
The following abbreviations are used in this chapter:
1. SEPA ‑‑ State
Environmental Policy Act
2. DNS ‑‑
Determination of Non‑Significance
3. DS ‑‑
Determination of Significance
4. EIS ‑‑
Environmental Impact Statement
(Ord. 6949 § 3,
1984).
20.44.020 Lead agency. The procedures
and standards regarding lead agency responsibility contained in WAC 197‑11‑050
and WAC 197‑11‑922 through 197‑11‑948 are adopted,
subject to the following:
A.
The county department exercising initial jurisdiction over a private
proposal or sponsoring a county project shall be responsible for performing the
duties of the lead agency. The director
of such department shall serve as the responsible official. Department directors may transfer lead agency
and responsible official responsibility to any county department which agrees
to perform as lead agency or may delegate such responsibility to divisions
within their own departments.
B.
With respect to actions initiated by the county council, the council
shall refer such proposals to the county executive for designation of a county
department as lead agency.
C.
In the event of uncertainty or disagreement regarding lead agency
status, the county executive shall designate the county department responsible
for performing the function of lead agency.
(Ord. 6949 § 4, 1984).
20.44.030 Purpose and general requirements. The procedures
and standards regarding the timing and content of environmental review
specified in WAC 197‑11‑055 through 197‑11‑100 are
adopted subject to the following:
A.
The optional provision of WAC 197‑11‑060(3)(c) is adopted.
B.
Under WAC 197‑11‑100, the applicant shall prepare the
initial environmental checklist, unless the lead agency specifically elects to
prepare the checklist. The lead agency
shall make a reasonable effort to verify the information in the environmental
checklist and shall have the authority to determine the final content of the
environmental checklist.
C.
The department of development and environmental services may set
reasonable deadlines for the submittal of information, studies, or documents
necessary for, or subsequent to, threshold determinations. Failure to meet such deadlines shall cause
the application to be deemed withdrawn, and plans or other data previously
submitted for review may be returned to the applicant together with any
unexpended portion of the application review fees. (Ord. 14449 § 4, 2002: Ord. 8998 § 1, 1989: Ord. 8236 § 1, 1987: Ord. 7990 § 35, 1987: Ord. 6949 § 5, 1984).
20.44.040 Categorical exemptions and threshold
determinations.
A.
King County adopts the standards and procedures specified in WAC
197-11-300 through 197-11-390 and 197-11-800 through 197-11-890 for determining
categorical exemptions and making threshold determinations subject to the
following:
1. The following exempt threshold
levels are hereby established in accordance with WAC 197-11-800(1)(c) for the
exemptions in WAC 197-11-800(1)(b):
a. The construction or location
of any residential structures of twenty dwelling units within the boundaries of
an urban growth area, or of any residential structures of eight dwelling units
outside of the boundaries of an urban growth area;
b. The construction of a barn,
loafing shed, farm equipment storage building, produce storage or packing
structure, or similar agricultural structure, covering thirty thousand square
feet on land zoned agricultural, or fifteen thousand square feet in all other
zones, and to be used only by the property owner or his or her agent in the
conduct of farming the property. This
exemption shall not apply to feed lots;
c. The construction of an office,
school, commercial, recreational, service or storage building with twelve
thousand square feet of gross floor area, and with associated parking
facilities designed for forty automobiles;
d. The construction of a parking
lot designed for forty automobiles;
e. Any fill or excavation of five
hundred cubic yards throughout the total lifetime of the fill or excavation and
any fill or excavation classified as a class I, II, or III forest practice
under RCW 76.09.050 or regulation thereunder:
The categorical exemption threshold shall be one hundred cubic yards for
any fill or excavation that is in an aquatic area, wetland, steep slope or
landslide hazard area. If the proposed
action is to remove from or replace fill in an aquatic area, wetland, steep
slope or landslide hazard area to correct a violation, the threshold shall be five
hundred cubic yards.
2. The determination of whether a
proposal is categorically exempt shall be made by the county department that
serves as lead agency for that proposal.
B.
The mitigated DNS provision of WAC 197-11-350 shall be enforced as
follows:
1. If the department issues a
mitigated DNS, conditions requiring compliance with the mitigation measures
which were specified in the application and environmental checklist shall be
deemed conditions of any decision or recommendation of approval of the action.
2. 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.
(Ord. 16263 § 10, 2008: Ord. 14449 § 5, 2002: Ord. 12196 § 46, 1996: Ord. 11792 § 16, 1995: Ord. 9103, 1989: Ord. 8236 § 2, 1987: Ord. 6949 § 6, 1984).
20.44.042 Planned actions. The procedures and standards of WAC
197-11-164 through WAC 197-11-172 are adopted regarding the designation of planned
actions. (Ord. 13131 § 4, 1998: Ord. 12196 § 47, 1996).
20.44.050 Environmental impact statements and other
environmental documents. The procedures and standards for preparation
of environmental impact statements and other environmental documents pursuant
to WAC 197-11-400 through 197-11-460 and 197-11-600 through 197-11-640 are
adopted, subject to the following:
A.
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).
B.
Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the county
department acting as lead agency shall be responsible for preparation and
content of EIS
C.
Consultants or subconsultants selected by King
County to prepare environmental documents for a private development proposal
shall not: act as agents for the
applicant in preparation or acquisition of associated underlying permits; have
a financial interest in the proposal for which the environmental document is
being prepared; perform any work or provide any services for the applicant in
connection with or related to the proposal.
D. The department shall establish and maintain one or more lists of qualified consultants who are eligible to receive contracts for preparation of environmental documents. Separate lists may be maintained to reflect specialized qualifications or expertise. When the department requires consultant services to prepare environmental documents, the department shall select a co