Drafter
Clerk 07/01/2024
Title
AN ORDINANCE revising permit review processes; and amending Ordinance 11622, Section 3, as amended and K.C.C. 16.02.260, Ordinance 14914, Section 104, as amended, and K.C.C. 16.03.120, Ordinance 1488, Section 7, as amended and K.C.C. 16.82.060, Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020, Ordinance 12196, Section 10, as amended, and K.C.C. 20.20.030, Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040, Ordinance 12196, Section 13, as amended, and K.C.C. 20.20.060, Ordinance 12196, Section 17, as amended, and K.C.C. 20.20.100, and Ordinance 10870, Section 634, as amended, and K.C.C. 21.42.140, adding new sections to K.C.C. chapter 16.02, recodifying K.C.C. 16.82.060, and repealing Ordinance 12196, Section 12, and K.C.C. 20.20.050, Ordinance 12196, Section 15, as amended, and K.C.C. 20.20.080, and Ordinance 10870, Section 618, and K.C.C. 21A.42.110.
Body
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. Chapter 36.70B RCW was updated by Chapter 338, Laws of Washington 2023 to require local governments to adopt specific time limits for land use and environmental permit review.
B. Under RCW 36.70B.140, local governments may exclude permit types that present special circumstances that warrant review process time periods that are different from those provided in chapter 36.70B RCW.
C. Permits whose approval is contingent on the prior approval of other permits present a special circumstance by effectively requiring two permit applications to be reviewed in the period set for one permit by chapter 36.70B RCW when concurrent review is requested. Where the prior approval is an adjustment under Title 21A, and where no separate permit is required, detailed review must be done for the subject permit in order to approve the adjustment, adding to the time needed for review.
D. Construction permits that are discovered to have needed prior approval of a variance or exception after the permit has been deemed complete present a special circumstance because additional review time is needed to confirm that the scope of work proposed under the permit is not compliant with code as designed and to determine how the project as designed might obtain the necessary approval to enable the permit to be approvable. Halting permit review while the variance or exception is obtained introduces logistical challenges to workflow management, which reduces the feasibility of meeting the review periods required by chapter 36.70B RCW.
E. Permits for which King County is not the final decision of authority present a special circumstance because King County does not control the permit review time, and therefore is not able to accelerate review time to meet the periods specified in chapter 36.70B RCW.
F. Permits whose proposed scope of work changes in a manner that falls under the description of a "substantial change" as used in K.C.C. 20.20.100 after completeness has been determined present a special circumstance because they are effectively new permit applications.
G. Permits whose proposed scope of work changes in a manner that falls under the description of a "substantial change" as used in K.C.C. 20.20.100 after completeness has been determined present a special circumstance because such permits are effectively new applications. Review of these applications requires new analysis based on new facts, which substantially adds to the time needed to review them.
SECTION 2. Ordinance 11622, Section 3, as amended and K.C.C. 16.02.260 are hereby amended to read as follows:
16.02.260 Permits - Application for permit - Complete applications. Section 105.3 of the International Building Code is not adopted, and the following is substituted:
Application for permit - Complete applications (IBC 105.3).
1. For the purposes of determining the application of review time periods and procedures adopted by K.C.C. Title 20, applications for permits authorized by K.C.C. chapter 16.04 shall be considered complete ((as of the date of submittal)) upon determination by the department that the materials submitted contain the following, in addition to the complete application requirements of K.C.C. 20.20.040. Every application shall:
1.1. Identify and describe the work to be covered by the permit for which application is made.
1.2. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work.
1.3. Indicate the use or occupancy ((of)) for which the proposed work is intended.
((1.3.)) 1.4. Be accompanied by ((plans, diagrams, computations, and specifications)) construction documents and other ((data)) information as required in IBC ((107)) Section 106.1.
((1.4.)) 1.5. State the valuation of ((any new building or structure or any addition, remodeling, or alteration to an existing building)) the proposed work.
((1.5.)) 1.6. Be signed by the applicant or the applicant's authorized agent.
1.7. Give such other data and information as ((may be)) required by the building official.
((1.6. Identify on the site plan all easements, deed restrictions or other encumbrances restricting the use of the property, and provide details as required in IBC 107.2.6 and as otherwise required by the building official.))
NEW SECTION. SECTION 3. There is hereby added to K.C.C. chapter 16.02 a new section to read as follows:
Section 105.3.1 of the International Building Code is not adopted, and the following is substituted:
The building official shall examine or cause to be examined applications for permits and amendments thereto within timeframes set forth in K.C.C. chapter 20.20. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall notify the applicant of the deficiencies in writing that must be addressed in order to issue a permit. If the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable.
NEW SECTION. SECTION 4. There is hereby added to K.C.C. chapter 16.02 a new section to read as follows:
For applications for reconstruction, rehabilitation, addition, alteration, repair, or other improvement of existing buildings or structures located in a flood hazard area as established by Table R301.2, the building official shall examine or cause to be examined the construction documents and shall make a determination with regard to the value of the proposed work. For buildings that have sustained damage of any origin, the value of the proposed work shall include the cost to repair the building or structure to its predamaged condition. If the building official finds that the value of proposed work equals or exceeds fifty percent of the market value of the building or structure before the damage has occurred or the improvement is started, the proposed work is a substantial improvement or repair of substantial damage, and the building official shall require existing portions of the entire building or structure to meet the requirements of Section R322.
For the purpose of this determination, a substantial improvement shall mean any repair, reconstruction, rehabilitation, addition, or improvement of a building or structure, the cost of which equals or exceeds fifty percent of the market value of the building or structure before the improvement or repair is started. Where the building or structure has sustained substantial damage, repairs necessary to restore the building or structure to its predamaged condition shall be considered substantial improvements regardless of the actual repair work performed. The term shall not include either of the following:
1. Improvements to a building or structure that are required to correct existing health, sanitary, or safety code violations identified by the building official and that are the minimum necessary to ensure safe living conditions.
2. Any alteration of a historic building or structure, provided that the alteration will not preclude the continued designation as a historic building or structure. For the purposes of this exclusion, a historic building shall be any of the following:
2.1. Listed or preliminarily determined to be eligible for listing in the National Register of Historic Places.
2.2. Determined by the Secretary of the United States Department of Interior as contributing to the historical significance of a registered historic district, or a district preliminarily determined to qualify as an historic district.
2.3. Designated as historic under a state or local historic preservation program that is approved by the United States Department of Interior.
SECTION 5. K.C.C. 16.02.280 is hereby recodified as a new section in K.C.C. chapter 16.02 to follow 16.02.260.
SECTION 6. Ordinance 14914, Section 104, as amended, and K.C.C. 16.03.120 are hereby amended to read as follows:
Department: the King County department of local services, permitting division or its successor.
SECTION 7. Ordinance 1488, Section 7, as amended, and K.C.C. 16.82.060 are hereby amended to read as follows:
A. To obtain a permit, the applicant shall first file an application in writing on a form prescribed by the department that, in addition to the requirements of K.C.C. 20.20.040, shall include, at a minimum:
1. Identification and description of the work to be covered by the permit for which application is made;
2. An estimate of the quantities of work involved by volume and the total area cleared or graded as a percentage of the total site area;
3. An identification and description of:
a. all critical areas on the site or visible from the boundaries of the site; and
b. all clearing restrictions applicable to the site in K.C.C. 16.82.150, critical drainage areas requirements established by administrative rules or property-specific development standards, and special district overlays under K.C.C. chapter 21A.38;
4. Location of any open space tracts or conservation easements if required under:
a. K.C.C. 16.82.152;
b. K.C.C. chapter 21A.14;
c. K.C.C. chapter 21A.37;
d. critical drainage areas; or
e. property-specific development standards or special district overlays under K.C.C. chapter 21A.38;
5. Plans and specifications that, at a minimum, include:
a. property boundaries, easements, and setbacks;
b. a 1:2000 scale vicinity map with a north arrow;
c. horizontal and vertical scale;
d. size and location of existing improvements on and within fifty feet of the project, indicating which will remain and which will be removed;
e. location of all proposed cleared areas;
f. existing and proposed contours at maximum five-foot intervals, and extending for one hundred feet beyond the project edge;
g. at least two cross sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales; and
h. a proposed erosion and sediment control plan as required by K.C.C. 16.82.095.
B. Materials in addition to those required in subsection A. of this section may be necessary for the department to complete the review. The following materials shall be submitted when required by the department.
1. Higher accuracy contours and more details of existing terrain and area drainage, limiting dimensions, elevations, or finished contours to be achieved by the grading, and proposed drainage channels and related construction;
2. If applicable, all drainage plans and documentation consistent with King County Surface Water Design Manual;
3. Restoration plan if required under K.C.C. ((16.82.110)) 21A.22.081; and
4. Studies prepared by qualified specialists, as necessary to substantiate any submitted materials and compliance with this chapter or other law, particularly if clearing or grading is proposed to take place in or adjacent to a critical area.
C. Plans and specifications shall be prepared and signed by a civil engineer if they are prepared in conjunction with the proposed construction or placement of a structure, include permanent drainage facilities or, if required by the department, propose alterations in steep slope or landslide hazard areas.
D. The department shall ((determine the number of copies of the required plans, specifications and supporting materials necessary to expedite review and may require submittal of materials in alternative)) specify the formats in which application materials may be submitted.
E. The director may waive specific submittal requirements if they are determined to be unnecessary for the acceptance and subsequent review of an application.
((F. Any plans, specifications or supporting materials that are returned as a result of permit denial or any other reason shall be returned to the applicant.))
NEW SECTION. SECTION 8. There is hereby added to K.C.C. chapter 20.20 a new section to read as follows:
Throughout this chapter unless the context clearly requires otherwise, “manager” means the department of local services, permitting division manager or designee.
SECTION 9. Ordinance 12196, Section 9, as amended, and K.C.C. 20.20.020 are hereby amended to read as follows:
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 ((permitting division)) manager ((or designee ("the director"))) of the department of local services, permitting division ("the ((department)) division"). Type 1 decisions are nonappealable administrative decisions.
2. Type 2 decisions are made by the ((director)) manager. 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.
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. 20.44.120.A.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 follows:
|
TYPE 1 |
(Decision by ((director)) manager, no administrative appeal) |
Temporary use permit for a homeless encampment under K.C.C. chapter 21A.45; 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)) division 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; decisions to approve, condition, or deny nonresidential elevation and dry floodproofing variances for agricultural buildings that do not equal or exceed a maximum assessed value of sixty-five thousand dollars under K.C.C. chapter 21A.24; 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; approvals for agricultural activities and agricultural support services authorized under K.C.C. 21A.42.300; final short plat; final plat; critical area determination. |
|
TYPE 21,2 |
(Decision by ((director)) manager appealable to hearing examiner, no further administrative appeal) |
Short plat; short plat revision; short plat alteration; short plat vacation; 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)) division 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 or variances to floodplain development regulations 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; sea level rise risk area variance adopted in K.C.C. chapter 21A.23. |
|
TYPE 31 |
(Recommendation by ((director)) manager, hearing and decision by hearing examiner, no further administrative appeal) |
Preliminary plat; plat alterations; preliminary plat revisions; plat vacations; special use. |
|
TYPE 41,4 |
(Recommendation by ((director)) manager, hearing and recommendation by hearing examiner, decision by county council on the record) |
Zone reclassifications; shoreline environment redesignation; urban planned development; amendment or deletion of P suffix conditions; 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 2, 3, and 4 decisions.
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, the examiner, not the ((director)) manager, 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's hearing and consideration shall be scheduled with the amendment to the Comprehensive Plan under K.C.C. 20.18.040 and 20.18.060.
F. The definitions in K.C.C. 21A.45.020 apply to this section.
SECTION 10. Ordinance 12196, Section 10, as amended, and K.C.C. 20.20.030 are hereby amended to read as follows:
A. ((1. Except as otherwise provided in subsection A.2. of this section, before filing a permit application the applicant shall contact the department to schedule a presubmittal project review to discuss the application requirements with the applicant and provide comments on the development proposal. The department shall credit any fees charged for the presubmittal project review towards the permit application fees provided for in K.C.C. Title 27.
2. A presubmittal project review is not required for over-the-counter permits or for proposals that require a mandatory preapplication conference under subsection B. of this section.
B.)) Before filing a permit application requiring a Type ((2, 3, or)) 4 decision ((,)) or a Type 1 land use decision required to comply with the North Highline urban design standards in K.C.C. chapter 21A.60, the applicant shall contact the ((department)) division to schedule a preapplication conference, which shall be held before filing the application. 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)) division, at the request of an applicant, and shall be held within approximately thirty days from the date of the applicant's request. The ((department)) division shall assign a project manager following the preapplication conference. The ((director)) manager may waive the requirement for a preapplication conference if the ((director)) manager determines the preapplication conference is unnecessary for review of an application. Nothing in this section shall be interpreted to require more than one preapplication conference or to prohibit the applicant from filing an application if the ((department)) division is unable to schedule a preapplication conference within thirty days following the applicant's request.
((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.)) B. An applicant wishing to submit a permit application more than one year following a mandatory 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.))
NEW SECTION. SECTION 11. There is hereby added to K.C.C. chapter 20.20 a new section to read as follow:
A. The purpose of the application screening process is to:
1. assist applicants in preparing a code compliant permit application; and
2. reduce the division's need to request additional information during the permit review process, which extends permit review time.
B. Application screening is subject to the following standards:
1. Applicants must submit the required permit application materials, together with the required screening fee payments, if any, in order to initiate the application screening process;
2. Within twenty-eight days following receipt of the permit application and application screening fee, if any, the division shall notify the applicant that the application is complete or incomplete. If the application is incomplete, the notification shall specify what is necessary to make the application complete. To the extent known by the division, the notification shall identify other agencies of local, state, regional, or federal governments that may have jurisdiction over some aspects of the development proposal;
3. The application screening process shall be deemed concluded under this section if the division does not provide written notice to the applicant that the application is incomplete within the twenty-eight-day period;
4. If the application is found to be incomplete, and the applicant submits the additional information requested by the division, the division shall notify the applicant in writing within fourteen days of submittal whether the application is complete or whether additional information specified by the division is necessary to make the application complete. The application screening process shall be deemed complete if the division fails to notify the applicant within twenty-eight days that the application is incomplete;
5. The division may terminate the application screening process if the applicant fails to submit the additional information requested by the county within sixty days following notification from the division that the application is incomplete; and
6. Once all information requested by the division has been provided by the applicant and reviewed by the division, the division shall invoice the applicant for applicable permit application fees for the permit application. The permit application shall be deemed complete once the division receives full permit application fee payment. The division may terminate the application screening process if the applicant fails to submit the applicable review fees within sixty days of invoicing by the county.
SECTION 12. Ordinance 12196, Section 11, as amended, and K.C.C. 20.20.040 are hereby amended to read as follow:
A. The ((department)) division shall not begin review of any application until the applicant has submitted the materials and ((fees specified for complete applications)) application screening fee. 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)) division that the materials submitted meet the requirements of this section. Except as provided in subsection B. of this section, all land use permit applications described in K.C.C. 20.20.020.E. shall include the following:
1. An application form provided by the ((department)) division 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)) division; and
c. the form designating who the applicant is submitted to the ((department)) division before permit approval;
3.a. A certificate of sewer availability or site design approval for an on-site sewage system by ((the)) public health - Seattle ((-)) & King County ((department of public health)), as required by K.C.C. Title 13; or
b. If allowed under K.C.C. 13.24.134.B. and the King County Comprehensive Plan policies for a public school located on a RA zoned site, 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 public health - Seattle & King County;
5. A fire district receipt in accordance with 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)) manager, except for building permits when the scope of work proposed in the permit application is limited to interior alterations and does not result in the following:
a. a change in use;
b. additional sleeping quarters or bedrooms;
c. nonconformity with Federal Emergency Management Agency substnatial improvement thresholds; or
d. an increase in the total square footage or valuation of the structure thereby requiring upgraded fire access or fire suppression systems;
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)) application screening fees and permit application fees ((, excluding impact fees)) collectible under 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 local services 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.)) 13. A determination if drainage review applies to the project under K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted under K.C.C. chapter 9.04 and to the extent known at the time of application and when determined necessary by the ((director)) manager, copies of any required storm water adjustments;
((15. Current assessor's maps and a list of tax parcels to which public notice must be given accordance with in this chapter, for land use permits requiring a Type 2, 3 or 4 decision;))
((16.)) 14. Legal description of the site;
((17.)) 15. ((Variances obtained or required under K.C.C. Title 14 or 21A to the extent known at the date of application or when deemed necessary by the director)) Approvals for any decisions when deemed necessary by the manager, including but not limited to critical area alteration exceptions, reasonable use exceptions, special use permits, conditional use permits, zoning variances, road variances, or drainage adjustments; and
((18.)) 16. 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)) division 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)) division 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)) division.
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)) 16.02.260; and
3. Subdivision applications, short subdivision applications, and binding site plan applications, K.C.C. 19A.08.150.
D. The ((director)) manager may;
1. Specify the requirements of the site plan required to be submitted for various permits;
2. ((Require additional materials not listed in this section when determined to be necessary for review of the project; and
3.)) Waive any of the specific submittal requirements listed ((of)) in this section 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.))
SECTION 13. Ordinance 12196, Section 13, as amended, and K.C.C. 20.20.060 are hereby amended to read as follows:
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, except where the division is not the SEPA lead agency for the project;
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)) division within fourteen days following the ((department's)) division's determination that the application is complete. A public comment period on a notice of application of at least ((twenty-one)) fourteen, but not more than thirty days shall be provided, except as otherwise provided in chapter 90.58 RCW and RCW 58.17.215 with regards to subdivision alterations. The public comment period shall commence on the third day following the ((department's)) division's mailing of the notice of application as provided for in subsection H. of this section.
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)) publicly-accessible site 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)) division 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)) website address that provides access to project information ((, including a site map and application page)); and
7. The ((department)) division 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's)) division's determination of completeness as follows:
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)) division 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)) division;
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)) sight 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)) division 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 that 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)) division'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)) division by the applicant within fourteen days following the ((department’s)) division's determination of completeness to allow continued processing of the application by the ((department)) division;
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; and
7. The ((director)) manager may waive the notice board requirement for a development proposal located in an area with restricted access, an area that is not served by public roads, or in other circumstances the ((director)) manager determines make the notice board requirement ineffective in providing notice to those likely to be affected by the development proposal. In such cases, the ((director)) manager shall require alternative forms of notice under subsection M. of this section.
H. Mailed notice for a proposal shall be sent by the ((department)) division within fourteen days after the ((department's)) division's determination of completeness:
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)) division determines it is necessary to send mailed notices to at least twenty different property owners;
2. To any city with a utility that is intended to serve the site;
3. To the Washington state Department of Transportation, if the site adjoins a state highway;
4. To the affected Indian tribes;
5. To any agency or community group that the ((department)) division may identify as having an interest in the proposal;
6. ((Be considered supplementary to posted notice and b)) 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)) manager 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)) division within fourteen days after the ((department's)) division's determination of completeness on the division website and in the official county newspaper ((and another newspaper of general circulation in the affected area)).
J. Unless waived under subsection G.7. of this section, 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.20.120.B;
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)) division and the applicant;
d. a ((department)) division 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)) detached residence in ((a higher density urban single family residential zone ())R-4 through R-8(())) zones exceeding a size of ten thousand square feet of floor area as defined in the ((Washington State Uniform)) International 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)) the uses listed below, unless the proposed use is protected under the Fair Housing Act:
1. Offender self-help agencies;
2. Parole offices; and
3. ((Settlement houses;
4.)) Halfway home for delinquents and offenders ((; and
5. Homes for destitute people)).
M. In addition to notice required by subsection F. of this section, the ((department)) division may provide additional notice by any other means determined by the ((department)) division as necessary to provide notice to persons or entity who may be affected by a proposal.
SECTION 14. Ordnance 12196, Section 17, as amended, and K.C.C. 20.20.100 are hereby amended to read as follows:
A. ((The department shall issue its Type 3 or Type 4 recommendation to the office of the hearing examiner within one hundred fifty days from the date the department notifies the applicant that the application is complete. The periods for action by the examiner shall be governed by K.C.C. chapter 20.22 and the rules for conducting the examiner process adopted under K.C.C. 20.22.330.
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 decision within one hundred twenty days from the date the department notified the applicant that the application is complete.
2. The following periods apply to the type of land use permit indicated:
|
a. |
New residential building permits |
90 days |
|
b. |
Residential remodels |
40 days |
|
c. |
Residential appurtenances, such as decks and garages |
15 days |
|
d. |
Residential appurtenances, such as decks and garages that require substantial review |
40 days |
|
e. |
Clearing and grading |
90 days |
|
f. |
Department of public health review |
40 days |
|
g. |
Type 1 temporary use permit for a homeless encampment |
30 days |
|
h. |
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., B., and H. of this section:)) The period to issue a final decision for each type of complete land use permit application or project type subject to this chapter should not exceed the following:
1. For land use permits that do not require public notice under K.C.C. 20.20.060, the division must issue a final decision within sixty-five days of the determination of completeness;
2. For land use permits that require public notice under K.C.C. 20.20.060, the division must issue a final decision within one hundred days of the determination of completeness; and
3. For land use permits that require public notice under K.C.C. 20.20.060 and a public hearing, the division must issue a final decision within one hundred seventy days of the determination of completeness.
B. The number of days an application is in review with the division shall be calculated from the day completeness is determined under section 9 of this ordinance to the date a final decision is issued on the permit application. The number of days shall be calculated by counting every calendar day and excluding the following periods:
1. Any period ((during which the applicant has been requested by the department, the examiner, or the council to correct plans, perform required studies or provide additional information, including road variances and variances required under K.C.C. chapter 9.04)) between the day that the division notified the applicant in writing that additional information is required to further process the application and the day when responsive information is submitted by the applicant. ((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 corrections, studies, 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)) division shall set a ((reasonable)) sixty-day deadline for the submittal of corrections, studies, or other information, and shall provide written notification to the applicant. The ((department)) division may extend the deadline upon receipt of a written request from an applicant providing satisfactory justification for an extension ((.
b. When granting a request for a deadline extension, the department shall give consideration to the number of days between the department receiving the request for a deadline extension and the department mailing its decision regarding that request));
2. The period during which an environmental impact statement is being prepared following a determination of significance under chapter 43.21C RCW, as set forth in K.C.C. 20.44.050;
3. ((The period during which an appeal is pending that prohibits issuing the permit)) Any period after an administrative decision is issued until the administrative appeal is resolved and any additional time period provided by the administrative appeal has expired;
4. Any period 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)) division by the applicant;
5. Any time extension mutually agreed upon by the applicant and the ((department)) division; and
6. Any time during which there is an outstanding fee balance ((that is sixty days or more past due)).
((D.)) C. The division may cancel the permit applications in the following situations, unless the applicant voluntarily opts out of the periods specified in subsection A. of this section:
1. Failure by the applicant to submit corrections, studies, or other information acceptable to the ((department)) division after two written requests under subsection ((C.)) B. of this section ((shall be cause for the department to cancel or deny the application.)); or
2. Failure by the applicant to make full payment of review fees within sixty days of assessment.
D. If an applicant informs the division in writing that the applicant would like to temporarily suspend the review of the project for more than sixty days, or if an applicant is not responsive for more than sixty consecutive days after the division has notified the applicant, in writing, that additional information is required to further process the application, an additional thirty days may be added to the periods for the division to issue a final decision for each type of permit that is subject to K.C.C. chapter 20.20. Any written notice from the division to the applicant that additional information is required to further process the application shall include a notice that nonresponsiveness for sixty consecutive days may result in thirty days being added to the time for review. For the purposes of this subsection, "nonresponsiveness" means that an applicant is not making demonstrable progress on providing additional requested information to the division, or that there is not ongoing communication from the applicant to the division on the applicant's ability or willingness to provide the additional information.
E. The time limits established in this section shall not apply if an unforeseen event disrupts normal county operations and prevents permit review from being feasible.
F. The time limits established in this section shall not apply if a proposed development:
1. Requires ((either: an)) amendment to the Comprehensive Plan, amendment to ((or)) a development regulation ((;)), zone reclassification, shoreline environment redesignation, shoreline variance, shoreline conditional use permit, amendment or deletion of a P suffix condition, deletion of a special district overlay, deletion of a Demonstration Project Area, 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 in RCW 36.70A.200; or)) Requires approval of a variance, exception, or adjustment for standards in K.C.C. Title 9, 14, or 21A, or approval or any required modification to a previous approval from another agency after the required construction permit has been deemed complete;
3. Is granted concurrent review with other permit applications applicable to the development;
4. Involves uses or activities related to mineral extraction or processing, coal mining, materials processing facilities, or fossil fuel facilities;
5. Is under an application processing service agreement with the county;
6. Is to rectify a code violation case;
7. Is for a development proposal to install permanent stabilization measures to replace any structures or grading done as an emergency action; or
((3.)) 8. Is revised by the applicant, when the revisions will result in a substantial change in a project's review requirements, as determined by the ((department)) division, in which case the period shall start from the date at which the revised project application is determined to be complete. For the purpose of this section, "a substantial change" may include, but is not limited to:
a. the creation of additional lots;
b. the reduction or elimination of open space;
c. a change in land uses;
d. a change in points of ingress or egress to the property;
e. a ten-percent increase or more to the total value of building construction work, including all finish work, painting, roofing, electrical, plumbing, heating, ventilation, air conditioning, elevators, fire systems, and any other permanent fixtures;
f. a ten percent increase or more to the total building square footage, impervious surface area, parking, or building height;
g. changes to documents submitted to show compliance with the county’s stormwater mitigation requirements as described in the King County Surface Water Design Manual, that do one or more of the following:
(1) make corrections to the existing conditions site plan that result in a change to the natural drainage location;
(2) require mitigation for a downstream drainage problem that was not identified in the application submittal;
(3) change the application from no flow control facility is required to a flow control facility is required;
(4) change the application from no water quality treatment facility is required to a water quality treatment facility is required;
(5) increase the level of required water quality treatment from the original application;
(6) cause the application to be unable to comply with Core Requirement 9 of the Surface Water Design Manual to provide sufficient flow control Best Management Practices or demonstrate meeting the low impact development performance standard; or
(7) cause the application to require a drainage adjustment, unless it can be shown that the conditions requiring the adjustment could not have reasonably been known prior at application;
h. changes to documents submitted to show compliance with King County road standards that require a road variance, unless it can be shown that the conditions requiring the variance could not have reasonably been known at application; or
i. proposes changes that create new or increased impacts to critical areas that will require a revision to mitigation measures.
((F. The time limits established in this section may be exceeded on more complex projects. If the department is unable to issue its Type 1 or Type 2 decision or its Type 3 or Type 4 recommendation within the time limits established by this section, it shall provide written notice of this fact to the 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 a Type 1 or Type 2 decision or a Type 3 or Type 4 recommendation.))
G. The ((department)) division 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, 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.
H. To the greatest extent practicable, the ((department)) division shall make a final determination on all permits required for a Washington state Department of Transportation project on a state highway as defined in RCW 46.04.560 with an estimated cost of less than five hundred million dollars no later than ninety days after receipt of a complete permit application.
SECTION 15. Ordinance 10870, Section 634, as amended, and K.C.C. 21A.42.140 are hereby amended to read as follows:
A. The School District shall hold a public hearing on the request for a building permit on the proposed high school and may merge the public hearing for environmental review with this hearing. The hearing shall address the proposal's compliance with the applicable development standards and whether the impacts of traffic on the neighborhood have been addressed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW ((, and/or through the payment of road impact fees)). The hearing may be conducted by the Board of Directors, or where authorized by board policy, by a hearing examiner appointed by the School Board. The District shall provide notice of the hearing as follows:
1. by posting the property;
2. by publishing in a newspaper of general circulation in the general area where the proposed high school is located;
3. by sending notices by first class mail to owners of property in an area within five hundred feet of the proposed high school, but the area shall be expanded as necessary to send mailed notices to at least twenty different property owners; and
4. by sending notices to other residents of the District that have requested notice.
B. At a regularly scheduled or special Board meeting, the Board of Directors shall adopt findings of compliance with applicable King County development standards, including the decision criteria outlined in K.C.C. chapter 21A.44, or adopt proposed actions necessary to reach compliance. If a hearing examiner has been appointed, the Board of Directors shall review and adopt or reject the hearing examiner's proposed findings and/or proposed actions. The board may include in the record any information supporting its findings or any information from prior public meetings held on the same general subject at the discretion of the Board.
C. Copies of the findings and((/or)) the proposed actions shall be mailed to all parties of record and to the county.
D. Any aggrieved party of record may request the Board of Directors to reconsider the findings within twenty calendar days of its adoption. An aggrieved party requesting reconsideration shall submit written evidence challenging the findings or otherwise specifically identify reasons why the District has failed to reasonably comply with the applicable King County development standards, or the decision criteria outlined in K.C.C. chapter 21A.44. Within thirty calendar days after a request for reconsideration has been filed with the District, the Board of Directors may reconsider and revise the findings and/or proposed actions or may decline to reconsider. Failure to act, or to initiate the process for reconsideration by notifying the aggrieved party of record of intent to reconsider, within the thirty-day period shall be deemed to constitute a decision not to reconsider.
E. The Board's final findings shall be attached to the District's building permit application and shall be considered as prima facie evidence of compliance with the applicable King County development standards.
SECTION 16. The following are hereby repealed:
A. Ordinance 12196, Section 12, and K.C.C. 20.20.050;
B. Ordinance 12196, Section 15, as amended, and K.C.C. 20.20.080; and
C. Ordinance 10870, Section 618, and K.C.C. 21A.42.110.