Chapter 20.30
Procedures and Administration

Sections:

Subchapter 1.    General Provisions

20.30.010    Purpose.

20.30.020    Administration.

Subchapter 2.    Types of Actions

20.30.030    Basis.

20.30.040    Ministerial decisions – Type A.

20.30.050    Administrative decisions – Type B.

20.30.060    Quasi-judicial decisions – Type C.

20.30.070    Legislative decisions.

Subchapter 3.    Permit Review Procedures

20.30.080    Preapplication meeting.

20.30.090    Neighborhood meeting.

20.30.100    Application.

20.30.110    Determination of completeness.

20.30.120    Public notices of application.

20.30.130    Optional consolidated permit process.

20.30.140    Permit processing time limits.

20.30.150    Public notice of decision.

20.30.160    Expiration of vested status of land use permits and approvals.

20.30.165    Permit expiration timelines for clearing and grading and site development permits.

Subchapter 4.    General Provisions for Land Use Hearings and Appeals

20.30.170    Limitations on the number of hearings.

20.30.180    Public notice of public hearing.

20.30.190    Effective date of decision.

20.30.200    General description of appeals.

20.30.210    Grounds for administrative appeal.

20.30.220    Filing administrative appeals.

20.30.230    Appeal process.

20.30.240    Judicial review.

20.30.250    Judicial appeals.

20.30.260    Conflicts.

20.30.270    Dismissals.

Subchapter 5.    Nonconforming Uses, Lots, and Structures

20.30.280    Nonconformance.

Subchapter 6.    Review and/or Decision Criteria

20.30.290    Deviation from the engineering standards (Type A action).

20.30.295    Temporary use.

20.30.300    Conditional use permit-CUP (Type B action).

20.30.310    Zoning variance (Type B action).

20.30.315    Site development permit.

20.30.320    Rezone of property and zoning map change (Type C action).

20.30.330    Special use permit-SUP (Type C action).

20.30.333    Critical areas special use permit (Type C action).

20.30.336    Critical areas reasonable use permit (Type C action).

20.30.340    Amendment and review of the Comprehensive Plan (legislative action).

20.30.350    Amendment to the Development Code (legislative action).

20.30.353    Master development plan.

Subchapter 7.    Subdivisions

20.30.360    Citation of subchapter.

20.30.370    Purpose.

20.30.380    Subdivision categories.

20.30.390    Exemption.

20.30.400    Lot line adjustment – Type A action.

20.30.410    Preliminary subdivision review procedures and criteria.

20.30.420    Changes to approved subdivision.

20.30.430    Site development permit for required subdivision improvements – Type A action.

20.30.440    Installation of improvements.

20.30.450    Final plat review procedures.

20.30.460    Effect of rezones.

20.30.470    Further division – Short subdivisions.

20.30.480    Binding site plans – Type B action.

Subchapter 8.    Environmental Procedures

20.30.490    Citation of subchapter and authority.

20.30.500    Definitions – Adoption by reference.

20.30.510    General requirements – Adoption by reference.

20.30.520    Designation of responsible official.

20.30.530    Lead agency determination and responsibilities.

20.30.540    Timing and content of environmental review.

20.30.550    Categorical exemptions and threshold determinations – Adoption by reference.

20.30.560    Categorical exemptions – Minor new construction.

20.30.570    Categorical exemptions and threshold determinations – Use of exemptions.

20.30.580    Environmental checklist.

20.30.590    Mitigated DNS.

20.30.600    Environmental impact statements (EIS) – Adoption by reference.

20.30.610    Environmental impact statements and other environmental documents – Additional considerations.

20.30.620    Comments and public notice – Adoption by reference.

20.30.630    Comments and public notice – Additional considerations.

20.30.640    Using and supplementing existing environmental documents – Adoption by reference.

20.30.650    SEPA decisions – Adoption by reference.

20.30.660    SEPA decisions – Substantive authority.

20.30.670    SEPA policies.

20.30.680    Appeals.

20.30.690    Compliance with SEPA – Adoption by reference.

20.30.700    Forms – Adoption by reference.

20.30.710    Severability.

Subchapter 9.    Code Enforcement

20.30.720    Purpose.

20.30.730    General provisions.

20.30.740    Declaration of public nuisance, enforcement.

20.30.750    Junk vehicles as public nuisances.

20.30.760    Notice and orders.

20.30.770    Enforcement provisions.

20.30.775    Collection of penalties and costs.

20.30.780    Repealed.

20.30.790    Appeals and judicial enforcement.

 

20.30.010 Purpose.

The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development decisions made by the City of Shoreline. These procedures are intended to:

•	Promote timely and informed public participation;

•	Eliminate redundancy in the application, permit review, and appeals processes;

•	Process permits equitably and expediently;

•	Balance the needs of permit applicants with neighbors;

•	Ensure that decisions are made consistently and predictably; and

•	Result in development that furthers City goals as set forth in the Comprehensive Plan.

These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. (Ord. 238 Ch. III § 1, 2000).

20.30.020 Administration.

The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code.

When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements.

Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail. (Ord. 238 Ch. III § 2, 2000).

20.30.030 Basis.

There are four types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. (Ord. 238 Ch. III § 3, 2000).

20.30.040 Ministerial decisions – Type A.

These decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. These decisions are made by the Director and are exempt from notice requirements.

However, permit applications, including certain categories of building permits, and permits for projects that require a SEPA threshold determination, are subject to public notice requirements specified in Table 20.30.050 for SEPA threshold determination.

All permit review procedures and all applicable regulations and standards apply to all Type A actions. The decisions made by the Director under Type A actions shall be final. The Director’s decision shall be based upon findings that the application conforms (or does not conform) to all applicable regulations and standards.

Table 20.30.040 –    Summary of Type A Actions and Target Time Limits for Decision, and Appeal Authority

Action Type	Target Time Limits for Decision	Section
Type A:
1. Accessory Dwelling Unit	30 days	20.40.120, 20.40.210
2. Lot Line Adjustment including Lot Merger	30 days	20.30.400
3. Building Permit	120 days	All applicable standards
4. Final Short Plat	30 days	20.30.450
5. Home Occupation, Bed and Breakfast, Boarding House	120 days	20.40.120, 20.40.250, 20.40.260, 20.40.400
6. Interpretation of Development Code	15 days	20.10.050, 20.10.060, 20.30.020
7. Right-of-Way Use	30 days	12.15.010 – 12.15.180
8. Shoreline Exemption Permit	15 days	Shoreline Master Program
9. Sign Permit	30 days	20.50.530 – 20.50.610
10. Site Development Permit	60 days	20.20.046, 20.30.315, 20.30.430
11. Deviation from Engineering Standards	30 days	20.30.290
12. Temporary Use Permit	15 days	20.40.100, 20.40.540
13. Clearing and Grading Permit	60 days	20.50.290 – 20.50.370
14. Planned Action Determination	28 days	20.90.025

An administrative appeal authority is not provided for Type A actions, except that any Type A action which is not categorically exempt from environmental review under Chapter 43.21C RCW or for which environmental review has not been completed in connection with other project permits shall be appealable. Appeal of these actions together with any appeal of the SEPA threshold determination is set forth in Table 20.30.050(4). (Ord. 531 § 1 (Exh. 1), 2009; Ord. 469 § 1, 2007; Ord. 352 § 1, 2004; Ord. 339 § 2, 2003; Ord. 324 § 1, 2003; Ord. 299 § 1, 2002; Ord. 244 § 3, 2000; Ord. 238 Ch. III § 3(a), 2000).

20.30.050 Administrative decisions – Type B.

The Director makes these decisions based on standards and clearly identified criteria. A neighborhood meeting, conducted by the applicant, shall be required, prior to formal submittal of an application (as specified in SMC 20.30.090). The purpose of such meeting is to receive neighborhood input and suggestions prior to application submittal.

Type B decisions require that the Director issues a written report that sets forth a decision to approve, approve with modifications, or deny the application. The Director’s report will also include the City’s decision under any required SEPA review.

All Director’s decisions made under Type B actions are appealable in an open record appeal hearing. Such hearing shall consolidate with any appeals of SEPA negative threshold determinations. SEPA determinations of significance are appealable in an open record appeal prior to the project decision.

All appeals shall be heard by the Hearing Examiner except appeals of shoreline substantial development permits, shoreline conditional use permits, and shoreline variances that shall be appealable to the State Shorelines Hearings Board.

Table 20.30.050 –    Summary of Type B Actions, Notice Requirements, Target Time Limits for Decision, and Appeal Authority

Action	Notice Requirements: Application and Decision (1), (2), (3)	Target Time Limits for Decision	Appeal Authority	Section
Type B:
1.     Binding Site Plan	Mail	90 days	HE	20.30.480
2.     Conditional Use Permit (CUP)	Mail, Post Site, Newspaper	90 days	HE	20.30.300
3.    Preliminary Short Subdivision	Mail, Post Site, Newspaper	90 days	HE	20.30.410
4.    SEPA Threshold Determination	Mail, Post Site, Newspaper	60 days	HE	20.30.490 – 20.30.710
5.    Shoreline Substantial Development Permit, Shoreline Variance and Shoreline CUP	Mail, Post Site, Newspaper	120 days	State Shorelines Hearings Board	Shoreline Master Program
6.    Zoning Variances	Mail, Post Site, Newspaper	90 days	HE	20.30.310

Key: HE = Hearing Examiner

(1) Public hearing notification requirements are specified in SMC 20.30.120.

(2) Notice of application requirements are specified in SMC 20.30.120.

(3) Notice of decision requirements are specified in SMC 20.30.150.

(Ord. 299 § 1, 2002; Ord. 238 Ch. III § 3(b), 2000).

20.30.060 Quasi-judicial decisions – Type C.*

These decisions are made by the City Council or the Hearing Examiner, as shown in Table 20.30.060, and involve the use of discretionary judgment in the review of each specific application.

Prior to submittal of an application for any Type C permit, the applicant shall conduct a neighborhood meeting to discuss the proposal and to receive neighborhood input as specified in SMC 20.30.090.

Type C decisions require findings, conclusions, an open record public hearing and recommendations prepared by the review authority for the final decision made by the City Council or Hearing Examiner. Any administrative appeal of a SEPA threshold determination shall be consolidated with the open record public hearing on the project permit, except a determination of significance, which is appealable under SMC 20.30.050.

There is no administrative appeal of Type C actions.

Table 20.30.060 –    Summary of Type C Actions, Notice Requirements, Review Authority,
Decision Making Authority, and Target Time Limits for Decisions

Action	Notice Requirements for Application and Decision (5), (6)	Review Authority, Open Record Public Hearing (1)	Decision Making Authority (Public Meeting)	Target Time Limits for Decisions	Section
Type C:
1.    Preliminary Formal Subdivision	Mail, Post Site, Newspaper	PC (3)	City Council	120 days	20.30.410
2.    Rezone of Property (2) and Zoning Map Change	Mail, Post Site, Newspaper	PC (3)	City Council	120 days	20.30.320
3.    Special Use Permit (SUP)	Mail, Post Site, Newspaper	PC (3)	City Council	120 days	20.30.330
4.    Critical Areas Special Use Permit	Mail, Post Site, Newspaper	HE (4)		120 days	20.30.333
5.    Critical Areas Reasonable Use Permit	Mail, Post Site, Newspaper	HE (4)		120 days	20.30.336
6.    Final Formal Plat	None	Review by the Director – no hearing	City Council	30 days	20.30.450
7.    SCTF – Special Use Permit	Mail, Post Site, Newspaper (7)	PC (3)	City Council	120 days	20.40.505
8.    Street Vacation	PC (3)	PC (3)	City Council	120 days	Chapter 12.17 SMC
9.    Master Development Plan (8)	Mail, Post Site, Newspaper (7)	PC (3)	City Council	120 days	20.30.353

(1) Including consolidated SEPA threshold determination appeal.

(2) The rezone must be consistent with the adopted Comprehensive Plan.

(3) PC = Planning Commission

(4) HE = Hearing Examiner

(5) Notice of application requirements are specified in SMC 20.30.120.

(6) Notice of decision requirements are specified in SMC 20.30.150.

(7) a. Notice of application shall be mailed to residents and property owners within 1,000 feet of the proposed site.

b. Enlarged notice of application signs (a minimum of four feet by four feet) as approved by the City of Shoreline shall be posted on all sides of the parcel(s) that front on a street. The Director may require additional signage on large or unusually shaped parcels.

c. Applicants shall place a display (nonlegal) advertisement approved by the City of Shoreline in the Enterprise announcing the notice of application and notice of public hearing.

(8) Information regarding master development plans will be posted on the City’s website and cable access channel regarding the notice of application and public hearing.

(Ord. 534 § 2, 2009; Ord. 507 § 4, 2008; Ord. 406 § 1, 2006; Ord. 324 § 1, 2003; Ord. 309 § 3, 2002; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 3(c), 2000).

*Code reviser’s note: Section 2 of Ordinance 534 reads: “Interim Regulation Adopted. During the effective dates of this ordinance the following quasi-judicial Type C land use permits listed under Table 20.30.060 of the Municipal Code shall have an open-record hearing set before the Shoreline Hearing Examiner rather than the Planning Commission:

A. Preliminary formal subdivision.

B. Site-specific rezone and zoning map change; provided, however, that rezones within the Southeast Shoreline Neighborhoods Subarea or the Town Center Subarea shall continue to have hearings set before the Planning Commission for review and recommendation.

C. Street vacations.”

 

Section 5 of Ordinance 534 reads, in part: “The ordinance shall expire at the end of calendar year 2009 unless extended or repealed according to law.”

20.30.070 Legislative decisions.

These decisions are legislative, nonproject decisions made by the City Council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands.

Table 20.30.070 – Summary of Legislative Decisions

Decision	Review Authority, Open Record Public Hearing	Decision Making Authority (in accordance with State law)	Section
1.    Amendments and Review of the Comprehensive Plan	PC(1)	City Council	20.30.340
2.    Amendments to the Development Code	PC(1)	City Council	20.30.350

(1) PC = Planning Commission

Legislative decisions usually include a hearing and recommendation by the Planning Commission and the action by the City Council.

The City Council shall take legislative action on the proposal in accordance with State law.

There is no administrative appeal of legislative actions of the City Council but they may be appealed together with any SEPA threshold determination according to State law. (Ord. 406 § 1, 2006; Ord. 339 § 5, 2003; Ord. 238 Ch. III § 3(d), 2000).

20.30.080 Preapplication meeting.

A preapplication meeting is required prior to submitting an application for any Type B or Type C action and/or for an application for a project located within a critical area or its buffer.

Applicants for development permits under Type A actions are encouraged to participate in preapplication meetings with the City. Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process.

Preapplication meetings are required prior to the neighborhood meeting.

The Director shall specify submittal requirements for preapplication meetings, which shall include a critical areas checklist. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. (Ord. 439 § 1, 2006; Ord. 324 § 1, 2003; Ord. 238 Ch. III § 4(a), 2000).

20.30.090 Neighborhood meeting.

Prior to application submittal for a Type B or C action, the applicant shall conduct a neighborhood meeting to discuss the proposal.

A.    The purpose of the neighborhood meeting is to:

1.    Ensure that potential applicants pursue early and effective citizen participation in conjunction with their proposal, giving the project proponent the opportunity to understand and try to mitigate any real and perceived impact their proposal may have on the neighborhood;

2.    Ensure that the citizens and property owners of the City have an adequate opportunity to learn about the proposal that may affect them and to work with project proponents to resolve concerns at an early stage of the application process.

B.    The neighborhood meeting shall meet the following requirements:

1.    Notice of the neighborhood meeting shall be provided by the applicant and shall include the date, time and location of the neighborhood meeting and a description of the project, zoning of the property, site and vicinity maps and the land use applications that would be required.

2.    The notice shall be provided at a minimum to property owners located within 500 feet of the proposal, the Neighborhood Chair as identified by the Shoreline Office of Neighborhoods (Note: if a proposed development is within 500 feet of adjacent neighborhoods, those chairs shall also be notified), and to the City of Shoreline Planning and Development Services Department.

3.    The notice shall be postmarked 10 to 14 days prior to the neighborhood meeting.

4.    The neighborhood meeting shall be held within the City limits of Shoreline.

5.    The neighborhood meeting shall be held anytime between the hours of 5:30 and 9:30 p.m. on weekdays or anytime between the hours of 9:00 a.m. and 9:00 p.m. on weekends.

6.    The neighborhood meeting agenda shall cover the following items:

a.    Introduction of neighborhood meeting organizer (i.e., developer, property owner, etc.);

b.    Description of proposed project;

c.    Listing of permits that are anticipated for the project;

d.    Description of how comments made at the neighborhood meeting are used;

e.    Provide meeting attendees with the City’s contact information;

f.    Provide a sign-up sheet for attendees.

C.    The applicant shall provide to the City a written summary or checklist of the neighborhood meeting. The summary shall include the following:

1.    A copy of the mailed notice of the neighborhood meeting with a mailing list of residents who were notified.

2.    Who attended the meeting (list of persons and their addresses).

3.    A summary of concerns, issues, and problems expressed during the meeting.

4.    A summary of concerns, issues, and problems the applicant is unwilling or unable to address and why.

5.    A summary of proposed modifications, or site plan revisions, addressing concerns expressed at the meeting.

Staff will mail the summary of the neighborhood meeting to all persons who attended the neighborhood meeting, signed in and provided a legible address. (Ord. 406 § 1, 2006; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 4(b), 2000).

20.30.100 Application.

A.    Who may apply:

1.    The property owner or an agent of the owner with authorized proof of agency may apply for a Type A, B, or C action, or for a site-specific Comprehensive Plan amendment.

2.    The City Council or the Director may apply for a project-specific or site-specific rezone or for an area-wide rezone.

3.    Any person may propose an amendment to the Comprehensive Plan. The amendment(s) shall be considered by the City during the annual review of the Comprehensive Plan.

4.    Any person may request that the City Council, Planning Commission, or Director initiate amendments to the text of the Development Code.

B.    All applications for permits or actions within the City shall be submitted on official forms prescribed and provided by the Department.

At a minimum, each application shall include:

1.    An application form with the authorized signature of the applicant.

2.    The appropriate application fee based on the official fee schedule (Chapter 3.01 SMC).

C.    The Director shall specify submittal requirements, including type, detail, and number of copies for an application to be complete. The permit application forms, copies of all current regulations, and submittal requirements that apply to the subject application shall be available from the Department.

D.    Expiration. Absent statute or ordinance provisions to the contrary, any application for which a determination of completeness has been issued and for which no substantial steps have been taken to meet permit approval requirements for a period of 180 days after issuance of the determination of completeness will expire and become null and void. The Director may grant a 180-day extension on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 4(c), 2000).

20.30.110 Determination of completeness.

A.    An application shall be determined complete when:

1.    It meets the procedural requirements of the City of Shoreline;

2.    All information required in specified submittal requirements for the application has been provided, and is sufficient for processing the application, even though additional information may be required. The City may, at its discretion and at the applicant’s expense, retain a qualified professional to review and confirm the applicant’s reports, studies and plans.

B.    Within 28 days of receiving a permit application for Type A, B and/or C applications, the City shall mail a written determination to the applicant stating whether the application is complete, or incomplete and specifying what is necessary to make the application complete. If the Department fails to provide a determination of completeness, the application shall be deemed complete on the twenty-ninth day after submittal.

C.    If the applicant fails to provide the required information within 90 days of the date of the written notice that the application is incomplete, or a request for additional information is made, the application shall be deemed null and void. The Director may grant a 90-day extension on a one-time basis if the failure to take a substantial step was due to circumstances beyond the control of the applicant. The applicant may request a refund of the application fee minus the City’s cost of processing.

D.    The determination of completeness shall not preclude the City from requesting additional information or studies if new information is required or substantial changes are made to the proposed action. (Ord. 406 § 1, 2006; Ord. 324 § 1, 2003; Ord. 238 Ch. III § 4(d), 2000).

20.30.120 Public notices of application.

A.    Within 14 days of the determination of completeness, the City shall issue a notice of complete application for all Type B and C applications.

B.    The notice of complete application shall include the following information:

1.    The dates of application, determination of completeness, and the date of the notice of application;

2.    The name of the applicant;

3.    The location and description of the project;

4.    The requested actions and/or required studies;

5.    The date, time, and place of an open record hearing, if one has been scheduled;

6.    Identification of environmental documents, if any;

7.    A statement of the public comment period (if any), not less than 14 days nor more than 30 days; and a statement of the rights of individuals to comment on the application, receive notice and participate in any hearings, request a copy of the decision (once made) and any appeal rights;

8.    The City staff Project Manager and phone number;

9.    Identification of the development regulations used in determining consistency of the project with the City’s Comprehensive Plan; and

10.    Any other information that the City determines to be appropriate.

C.    The notice of complete application shall be made available to the public by the Department, through any or all of the following methods (as specified in Tables 20.30.050 and 20.30.060):

1.    Mail. Mailing to owners of real property located within 500 feet of the subject property;

2.    Post Site. Posting the property (for site-specific proposals);

3.    Newspaper. The Department shall publish a notice of the application in the newspaper of general circulation for the general area in which the proposal is located. This notice shall include the project location and description, the type of permit(s) required, comments period dates, and the location where the complete application may be reviewed.

D.    The Department must receive all comments received on the notice of application by 5:00 p.m. on the last day of the comment period. (Ord. 238 Ch. III § 4(e), 2000).

20.30.130 Optional consolidated permit process.

An applicant may elect to submit a consolidated project permit application. Such request shall be presented by the applicant in writing and simultaneously with submittal of all applications to be consolidated. The Director shall determine the appropriate procedures for consolidated review and actions. If the application for consolidated permit process requires action from more than one hearing body, the decision authority in the consolidated permit review process shall be the decision making authority with the broadest discretionary powers. (Ord. 238 Ch. III § 4(f), 2000).

20.30.140 Permit processing time limits.

A.    Decisions under Type A, B or C actions shall be made within 120 days from the date of a determination that the application is complete. Exceptions to this 120-day time limit are:

1.    Substantial project revisions made or requested by an applicant, in which case the 120 days will be calculated from the time that the City determines the revised application to be complete.

2.    The time required to prepare and issue a draft and final Environmental Impact Statement (EIS) in accordance with the State Environmental Policy Act.

3.    Any period for administrative appeals of project permits.

4.    An extension of time mutually agreed upon in writing by the Department and the applicant.

5.    Amendments to the Comprehensive Plan or Code.

B.    The time limits set for Type A, B, and C actions do not include:

1.    Any period of time during which the applicant has been requested by the Department to correct plans, perform studies or provide additional information. This period of time shall be calculated from the date the Department notifies the applicant of the need for additional information, until the date the Department determines that the additional information satisfies the request for such information or 14 days after the date the information has been provided to the Department, whichever is earlier.

2.    If the Department determines that the additional information submitted to the Department by the applicant under subsection (B)(1) of this section is insufficient, the Department shall notify the applicant of the deficiencies, and the procedures provided in subsection (B)(1) of this section shall apply as if a new request for studies has been made.

C.    If the Department is unable to issue its final decision on a project permit application within the time limits provided for in 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 limit has not been met and an estimated date for issuance of the notice of decision. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 4(g), 2000).

20.30.150 Public notice of decision.

For Type B and C actions, the Director shall issue and mail a notice of decision to the parties of record and to any person who, prior to the rendering of the decision, requested notice of the decision. The notice of decision may be a copy of the final report, and must include the threshold determination, if the project was not categorically exempt from SEPA. The notice of decision will be published in the newspaper of general circulation for the general area in which the proposal is located and posted for site-specific proposals. (Ord. 406 § 1, 2006; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 4(h), 2000).

20.30.160 Expiration of vested status of land use permits and approvals.

Except for long plats or where a shorter duration of approval is indicated in this Code, the vested status of an approved land use permit under Type A, B, and C actions shall expire two years from the date of the City’s final decision, unless a complete building permit application is filed before the end of the two-year term. In the event of an administrative or judicial appeal, the two-year term shall not expire. Continuance of the two-year period may be reinstated upon resolution of the appeal.

If a complete building permit application is filed before the end of the two-year term, the vested status of the permit shall be automatically extended for the time period during which the building permit application is pending prior to issuance; provided, that if the building permit application expires or is canceled, the vested status of the permit or approval under Type A, B, and C actions shall also expire or be canceled. If a building permit is issued and subsequently renewed, the vested status of the subject permit or approval under Type A, B, and C actions shall be automatically extended for the period of the renewal. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 4(i), 2000).

20.30.165 Permit expiration timelines for clearing and grading and site development permits.

A.    Purpose. A clearing and grading permit may be issued approving land clearing and site grading activities in conjunction with the development of a site. The expiration limitations of this permit are as follows:

1.    Clearing and Grading Permit – Permit Expiration. Clearing and grading permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced.

2.    Clearing and Grading Permit – Permit Extension. The Director is authorized to grant, in writing, one or more extensions of time for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

B.    Purpose. A site development permit may be issued approving engineering plans for infrastructure and grading improvements required in conjunction with the development of a site. The expiration limitations of this permit are as follows:

1.    Site Development Permit – Permit Expiration. Site development permits shall become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Site development permits associated with subdivision applications shall expire when the preliminary subdivision approval has expired as set forth by RCW 58.17.140.

2.    Site Development Permit – Permit Extension. The Director is authorized to grant, in writing, one or more extensions of time for periods of not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Extensions may be granted for those permits issued in conjunction with a preliminary subdivision approval that has been extended as provided in RCW 58.17.140. (Ord. 406 § 1, 2006).

20.30.170 Limitations on the number of hearings.

No more than one open record hearing shall be heard on any land use application. The appeal hearing on SEPA threshold determination of nonsignificance shall be consolidated with any open record hearing on the project permit. (Ord. 238 Ch. III § 5(a), 2000).

20.30.180 Public notice of public hearing.

Notice of the time and place of an open record hearing shall be made available to the public by the Department no less than 14 days prior to the hearing, through use of these methods:

•	Mail. Mailing to owners of real property located within 500 feet of the subject property;

•	Newspaper. The Department shall publish a notice of the open record public hearing in the newspaper of general circulation for the general area in which the proposal is located;

•	Post Site. Posting the property (for site-specific proposals). (Ord. 317 § 1, 2003; Ord. 238 Ch. III § 5(b), 2000).

20.30.190 Effective date of decision.

Unless an administrative appeal is timely filed, a land use decision of the City shall be effective on the date the written decision is issued. (Ord. 238 Ch. III § 5(c), 2000).

20.30.200 General description of appeals.

A.    Administrative decisions are appealable to the Hearing Examiner who conducts an open record appeal hearing.

B.    Appeals of City Council decisions and appeals of an appeal authority’s decisions shall be made to the Superior Court. (Ord. 238 Ch. III § 5(d), 2000).

20.30.210 Grounds for administrative appeal.

Any administrative appeal shall be linked to the criteria of the underlying land use decision. The grounds for filing an appeal shall be limited to the following:

A.    The Director exceeded his or her jurisdiction or authority;

B.    The Director failed to follow applicable procedures in reaching the decision;

C.    The Director committed an error of law; or

D.    The findings, conclusions or decision prepared by the Director or review authority are not supported by substantial evidence. (Ord. 238 Ch. III § 5(e), 2000).

20.30.220 Filing administrative appeals.

A.    Appeals shall be filed within 14 calendar days from the date of the receipt of the mailing. A decision shall be deemed received three days from date of mailing. Appeals shall be filed in writing with the City Clerk. The appeal shall comply with the form and content requirements of the rules of procedure adopted in accordance with this chapter.

B.    Appeals shall be accompanied by a filing fee in the amount to be set in Chapter 3.01 SMC.

C.    Within 10 calendar days following timely filing of a complete appeal with the City Clerk, notice of the date, time, and place for the open record hearing shall be mailed by the City Clerk to all parties of record. (Ord. 469 § 1, 2007; Ord. 238 Ch. III § 5(f), 2000).

20.30.230 Appeal process.

A.    An appeal shall be heard and decided within 90 days from the date the appeal is filed.

B.    Timely filing of an appeal shall delay the effective date of the Director’s decision until the appeal is ruled upon or withdrawn.

C.    The hearing shall be limited to the issues included in the written appeal statement. Participation in the appeal shall be limited to the City, including all staff, the applicant for the proposal subject to appeal, and those persons or entities which have timely filed complete written appeal statements and paid the appeal fee. (Ord. 238 Ch. III § 5(g), 2000).

20.30.240 Judicial review.

No person may seek judicial review of any decision of the City, unless that person first exhausts the administrative remedies provided by the City. (Ord. 238 Ch. III § 5(h), 2000).

20.30.250 Judicial appeals.

Any judicial appeal shall be filed in accordance with State law. If there is not a statutory time limit for filing a judicial appeal, the appeal shall be filed within 21 calendar days after a final decision is issued by the City. (Ord. 238 Ch. III § 5(i), 2000).

20.30.260 Conflicts.

In the event of any conflict between any provision of this Chapter and any other City ordinance, the provisions of this Chapter shall control. Specifically, but without limitation, this means that the provisions of this Chapter shall control with reference to authority to make decisions and the timeframe for making those decisions, including the requirements to file an appeal. (Ord. 238 Ch. III § 5(j), 2000).

20.30.270 Dismissals.

The appeal authority may dismiss an appeal in whole or in part without a hearing, if the appeal authority determines that the appeal or application is untimely, frivolous, beyond the scope of the appeal authority’s jurisdiction, brought merely to secure a delay, or that the appellant lacks standing. (Ord. 238 Ch. III § 5(k), 2000).

20.30.280 Nonconformance.

A.    Any use, structure, lot or other site improvement (e.g., landscaping or signage), which was legally established prior to the effective date of a land use regulation that rendered it nonconforming, shall be considered nonconforming if:

1.    The use is now prohibited or cannot meet use limitations applicable to the zone in which it is located; or

2.    The use or structure does not comply with the development standards or other requirements of this Code;

3.    A change in the required permit review process shall not create a nonconformance.

B.    Abatement of Illegal Use, Structure or Development. Any use, structure, lot or other site improvement not established in compliance with use, lot size, building, and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal.

C.    Continuation and Maintenance of Nonconformance. A nonconformance may be continued or physically maintained as provided by this Code.

1.    Any nonconformance that is brought into conformance for any period of time shall forfeit status as a nonconformance.

2.    Discontinuation of Nonconforming Use. A nonconforming use shall not be resumed when abandonment or discontinuance extends for 12 consecutive months.

3.    Repair or Reconstruction of Nonconforming Structure. Any structure nonconforming as to height or setback standards may be repaired or reconstructed; provided, that:

a.    The extent of the previously existing nonconformance is not increased; and

b.    The building permit application for repair or reconstruction is submitted within 12 months of the occurrence of damage or destruction.

4.    Modifications to Nonconforming Structures. Modifications to a nonconforming structure may be permitted; provided, the modification does not increase the area, height or degree of an existing nonconformity.

D.    Expansion of Nonconforming Use. A nonconforming use may be expanded subject to approval of a conditional use permit unless the Indexed Supplemental Criteria (SMC 20.40.200) requires a special use permit for expansion of the use under the Code. A nonconformance with the development standards shall not be created or increased and the total expansion shall not exceed 10 percent of the use area.

E.    Nonconforming Lots. Any permitted use may be established on an undersized lot, which cannot satisfy the lot size or width requirements of this Code; provided, that:

1.    All other applicable standards of the Code are met; or a variance has been granted;

2.    The lot was legally created and satisfied the lot size and width requirements applicable at the time of creation;

3.    The lot cannot be combined with contiguous undeveloped lots to create a lot of required size;

4.    No unsafe condition is created by permitting development on the nonconforming lot; and

5.    The lot was not created as a “special tract” to protect critical area, provide open space, or as a public or private access tract. (Ord. 515 § 1, 2008; Ord. 352 § 1, 2004; Ord. 238 Ch. III § 6, 2000).

20.30.290 Deviation from the engineering standards (Type A action).

A.    Purpose. Deviation from the engineering standards is a mechanism to allow the City to grant an adjustment in the application of engineering standards where there are unique circumstances relating to the proposal.

B.    Decision Criteria. The Director shall grant an engineering standards deviation only if the applicant demonstrates all of the following:

1.    The granting of such deviation will not be materially detrimental to the public welfare or injurious or create adverse impacts to the property or other property(s) and improvements in the vicinity and in the zone in which the subject property is situated;

2.    The authorization of such deviation will not adversely affect the implementation of the Comprehensive Plan adopted in accordance with State law;

3.    A deviation from engineering standards shall only be granted if the proposal meets the following criteria:

a.    Conform to the intent and purpose of the Code;

b.    Produce a compensating or comparable result which is in the public interest;

c.    Meet the objectives of safety, function and maintainability based upon sound engineering judgement.

4.    Deviations from road standards must meet the objectives for fire protection. Any deviation from road standards, which does not meet the International Fire Code, shall also require concurrence by the Fire Marshal.

5.    Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must meet the objectives for appearance and environmental protection.

6.    Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must be shown to be justified and required for the use and situation intended.

7.    Deviations from drainage standards for facilities that request use of emerging technologies, an experimental water quality facility or flow control facilities must meet these additional criteria:

a.    The new design is likely to meet the identified target pollutant removal goal or flow control performance based on limited data and theoretical consideration,

b.    Construction of the facility can, in practice, be successfully carried out;

c.    Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner;

8.    Deviations from utility standards shall only be granted if following facts and conditions exist:

a.    The deviation shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located;

b.    The deviation is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located;

c.    The granting of such deviation is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity. (Ord. 531 § 1 (Exh. 1), 2009; Ord. 406 § 1, 2006; Ord. 238 Ch. III § 7(a), 2000).

20.30.295 Temporary use.

A.    A temporary use permit is a mechanism by which the City may permit a use to locate within the City (on private property or on the public rights-of-way) on an interim basis, without requiring full compliance with the Development Code standards or by which the City may permit seasonal or transient uses not otherwise permitted.

B.    The Director may approve or modify and approve an application for a temporary use permit if:

1.    The temporary use will not be materially detrimental to public health, safety, or welfare, nor injurious to property and improvements in the immediate vicinity of the subject temporary use; and

2.    The temporary use is not incompatible in intensity and appearance with existing land uses in the immediate vicinity of the temporary use; and

3.    Adequate parking is provided for the temporary use and, if applicable, the temporary use does not create a parking shortage for the existing uses on the site; and

4.    Hours of operation of the temporary use are specified; and

5.    The temporary use will not create noise, light, or glare which would adversely impact surrounding uses and properties.

C.    A temporary use permit is valid for up to 60 calendar days from the effective date of the permit, except that the Director may establish a shorter time frame or extend a temporary use permit for up to one year. (Ord. 425 § 1, 2006).

20.30.300 Conditional use permit-CUP (Type B action).

A.    Purpose. The purpose of a conditional use permit is to locate a permitted use on a particular property, subject to conditions placed on the permitted use to ensure compatibility with nearby land uses.

B.    Decision Criteria. A conditional use permit shall be granted by the City, only if the applicant demonstrates that:

1.    The conditional use is compatible with the Comprehensive Plan and designed in a manner which is compatible with the character and appearance with the existing or proposed development in the vicinity of the subject property;

2.    The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;

3.    The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;

4.    Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;

5.    The conditional use is not in conflict with the health and safety of the community;

6.    The proposed location shall not result in either the detrimental over-concentration of a particular use within the City or within the immediate area of the proposed use, unless the proposed use is deemed a public necessity;

7.    The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and

8.    The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities. (Ord. 238 Ch. III § 7(b), 2000).

20.30.310 Zoning variance (Type B action).

A.    Purpose. A zoning variance is a mechanism by which the City may grant relief from the zoning provisions and standards of the Code, where practical difficulty renders compliance with the Code an unnecessary hardship.

B.    Decision Criteria. A variance shall be granted by the City, only if the applicant demonstrates all of the following:

1.    The variance is necessary because of the unique size, shape, topography, or location of the subject property;

2.    The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;

3.    The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;

4.    The need for the variance is not the result of deliberate actions of the applicant or property owner, including any past owner of the same property;

5.    The variance is compatible with the Comprehensive Plan;

6.    The variance does not create a health or safety hazard;

7.    The granting of the variance will not be materially detrimental to the public welfare or injurious to:

a.    The property or improvements in the vicinity, or

b.    The zone in which the subject property is located;

8.    The variance does not relieve an applicant from:

a.    Any of the procedural or administrative provisions of this title, or

b.    Any standard or provision that specifically states that no variance from such standard or provision is permitted, or

c.    Use or building restrictions, or

d.    Any provisions of the critical areas development standards;

9.    The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities;

10.    The variance does not allow the establishment of a use that is not otherwise permitted in the zone in which the proposal is located; or

11.    The variance is the minimum necessary to grant relief to the applicant. (Ord. 324 § 1, 2003; Ord. 238 Ch. III § 7(c), 2000).

20.30.315 Site development permit.

A.    Purpose. The purpose of a site development permit is to provide a mechanism to review activities that propose to develop or redevelop a site, not including structures, to ensure conformance to applicable codes and standards.

B.    General Requirements. A site development permit is required for the following activities or as determined by the Director of Planning and Development Services:

1.    The construction of two or more detached single-family dwelling units on a single parcel;

2.    Site improvements associated with short and formal subdivisions; or

3.    The construction of two or more nonresidential or multifamily structures on a single parcel.

C.    Review Criteria. A site development permit that complies with all applicable development regulations and requirements for construction shall be approved. (Ord. 439 § 1, 2006).

20.30.320 Rezone of property and zoning map change (Type C action).

A.    Purpose. A rezone is a mechanism to make changes to a zoning classification, conditions or concomitant agreement applicable to property. Changes to the zoning classification that apply to a parcel of property are text changes and/or amendments to the official zoning map.

B.    Decision Criteria. The City may approve or approve with modifications an application for a rezone of property if:

1.    The rezone is consistent with the Comprehensive Plan; and

2.    The rezone will not adversely affect the public health, safety or general welfare; and

3.    The rezone is warranted in order to achieve consistency with the Comprehensive Plan; and

4.    The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject rezone; and

5.    The rezone has merit and value for the community. (Ord. 238 Ch. III § 7(d), 2000).

20.30.330 Special use permit-SUP (Type C action).

A.    Purpose. The purpose of a special use permit is to allow a permit granted by the City to locate a regional land use, not specifically allowed by the zoning of the location, but that provides a benefit to the community and is compatible with other uses in the zone in which it is proposed. The special use permit is granted subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses.

B.    Decision Criteria. A special use permit shall be granted by the City, only if the applicant demonstrates that:

1.    The use will provide a public benefit or satisfy a public need of the neighborhood, district or City;

2.    The characteristics of the special use will be compatible with the types of uses permitted in surrounding areas;

3.    The special use will not materially endanger the health, safety and welfare of the community;

4.    The proposed location shall not result in either the detrimental over-concentration of a particular use within the City or within the immediate area of the proposed use, unless the proposed use is deemed a public necessity;

5.    The special use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;

6.    The special use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts;

7.    The location, size and height of buildings, structures, walls and fences, and screening vegetation for the special use shall not hinder or discourage the appropriate development or use of neighboring properties;

8.    The special use is not in conflict with the policies of the Comprehensive Plan or the basic purposes of this title; and

9.    The special use is not in conflict with the standards of the critical areas overlay. (Ord. 238 Ch. III § 7(e), 2000).

20.30.333 Critical area special use permit (Type C action).

A.    Purpose. The purpose of the critical areas special use permit is to allow development by a public agency or utility when the strict application of the critical areas standards would otherwise unreasonably prohibit the provision of public services.

B.    Decision Criteria. A critical areas special use permit shall be granted by the City only if the utility or public agency applicant demonstrates that:

1.    The application of the critical areas development standards, Chapter 20.80 SMC, would unreasonably restrict the ability of the public agency or utility to provide services to the public; and

2.    There is no other practical alternative to the proposal by the public agency or utility which would cause less impact on the critical area; and

3.    The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity; and

4.    This special use permit process shall not allow the use of the following critical areas for regional retention/detention facilities except where the Hearing Examiner makes a finding that the facility is necessary to protect public health and safety or repair damaged natural resources:

a.    Type I streams or buffers;

b.    Type I wetlands or buffers with plant associations of infrequent occurrence; or

c.    Type I or II wetlands or buffers which provide critical or outstanding habitat for herons, raptors or State or Federal designated endangered or threatened species unless clearly demonstrated by the applicant, using best available science, that there will be no impact on such habitat. (Ord. 324 § 1, 2003; Ord. 238 Ch. VIII § 1(I), 2000. Formerly 20.80.090.).

20.30.336 Critical areas reasonable use permit (Type C action).

A.    Purpose. The purpose of the critical areas reasonable use permit is to allow development and use of private property when the strict application of the critical area standards would otherwise deny all reasonable use of a property.

B.    Decision Criteria. A reasonable use permit shall be granted by the City only if the applicant demonstrates that:

1.    The application of the development standards would deny all reasonable use of the property; and

2.    There is no other reasonable use of the property with less impact on the critical area; and

3.    Any alterations to the critical area would be the minimum necessary to allow for reasonable use of the property; and

4.    The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity, is consistent with the general purposes of this title and the public interest, and all reasonable mitigation measures have been implemented or assured; and

5.    The inability to derive reasonable economic use is not the result of the applicant’s action unless the action 1) was approved as part of a final land use decision by the City or other agency with jurisdiction; or 2) otherwise resulted in a nonconforming use, lot or structure as defined in this title.

C.    Development Standards. To allow for reasonable use of property and to minimize impacts on critical areas the decision making authority may reduce setbacks by up to 50 percent, parking requirements by up to 50 percent, and may eliminate landscaping requirements. Such reductions shall be the minimum amount necessary to allow for reasonable use of the property, considering the character and scale of neighboring development.

D.    Priority. When multiple critical areas and critical area buffers may be affected by the application, the decision making authority should consider exceptions to critical areas standards that occur in the following order of priority with number 5 having the highest protection:

1.    Geologic hazard area buffers;

2.    Wetland buffers;

3.    Stream buffers;

4.    Fish and wildlife habitat conservation area buffers; and

5.    Geological hazard, wetland, stream, and wildlife critical areas protection standards in the order listed above in items 1 through 4. (Ord. 352 § 1, 2004; Ord. 324 § 1, 2003; Ord. 238 Ch. VIII § 1(L), 2000. Formerly 20.80.120.).

20.30.340 Amendment and review of the Comprehensive Plan (legislative action).

A.    Purpose. A Comprehensive Plan amendment or review is a mechanism by which the City may modify the text or map of the Comprehensive Plan in accordance with the provisions of the Growth Management Act, in order to respond to changing circumstances or needs of the City, and to review the Comprehensive Plan on a regular basis.

B.    Decision Criteria. The Planning Commission may recommend and the City Council may approve, or approve with modifications an amendment to the Comprehensive Plan if:

1.    The amendment is consistent with the Growth Management Act and not inconsistent with the Countywide Planning Policies, and the other provisions of the Comprehensive Plan and City policies; or

2.    The amendment addresses changing circumstances, changing community values, incorporates a sub area plan consistent with the Comprehensive Plan vision or corrects information contained in the Comprehensive Plan; or

3.    The amendment will benefit the community as a whole, will not adversely affect community facilities, the public health, safety or general welfare. (Ord. 238 Ch. III § 7(f), 2000).

20.30.350 Amendment to the Development Code (legislative action).

A.    Purpose. An amendment to the Development Code (and where applicable amendment of the zoning map) is a mechanism by which the City may bring its land use and development regulations into conformity with the Comprehensive Plan or respond to changing conditions or needs of the City.

B.    Decision Criteria. The City Council may approve or approve with modifications a proposal for the text of the Land Use Code if:

1.    The amendment is in accordance with the Comprehensive Plan; and

2.    The amendment will not adversely affect the public health, safety or general welfare; and

3.    The amendment is not contrary to the best interest of the citizens and property owners of the City of Shoreline. (Ord. 238 Ch. III § 7(g), 2000).

20.30.353 Master Development Plan.

A.    Purpose. The purpose of the master development plan is to define the development of property zoned campus or essential public facilities in order to serve its users, promote compatibility with neighboring areas and benefit the community with flexibility and innovation. With the exception of those uses and standards contained in this section, all other aspects of development, redevelopment or expansion will be regulated as prescribed in this title and other applicable codes for all uses that are permitted outright or through conditional or special use processes in the underlying zones.

B.    Decision Criteria. A master development plan shall be granted by the City only if the applicant demonstrates that:

1.    The project is designated as either campus or essential public facility in the Comprehensive Plan and Development Code and is consistent with goals and polices of the Comprehensive Plan.

2.    The master development plan includes a general phasing timeline of development and associated mitigation.

3.    The master development plan meets or exceeds the current regulations for critical areas if critical areas are present.

4.    The proposed development uses innovative, aesthetic, energy efficient and environmentally sustainable architecture and site design (including low impact development stormwater systems and substantial tree retention) to mitigate impacts to the surrounding neighborhoods.

5.    There is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes) in the transportation system (motorized and nonmotorized) to safely support the development proposed in all future phases or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed master development plan, then the applicant must identify a plan for funding their proportionate share of the improvements.

6.    There is either sufficient capacity within public services such as water, sewer and stormwater to adequately serve the development proposal in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed master development plan, then the applicant must identify a plan for funding their proportionate share of the improvements.

7.    The master development plan proposal contains architectural design (including but not limited to building setbacks, insets, facade breaks, roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, retention of significant trees, parking/traffic management and multimodal transportation standards that minimize conflicts and create transitions between the proposal site and adjacent neighborhoods and between institutional uses and residential uses.

8.    The applicant shall demonstrate that proposed industrial, commercial or laboratory uses will be safe for the surrounding neighborhood and for other uses on the campus.

C.    Amendments. Minor amendments to an approved master development plan may be approved by the Director if the amendment meets the development standards and criteria applicable to the zoning and requirements set forth in this section. Minor amendments include any revision or modification of the previously approved master development plan that would result in any one or more of the following:

1.    An increase in the square footage of any proposed building or structure by 10 percent or less; or

2.    A change of 15 percent or less in the number of new parking spaces, parking spaces created by re-striping existing parking areas and/or a combination of both except for an increase in parking spaces for bicycles or electric vehicles; or

3.    A change in the original phasing timeline for mitigation of the master development plan; or

4.    Changes to building placement when located outside of the required setbacks and any required setbacks for critical areas; or

5.    A cumulative increase in impervious surface of 10 percent or less or a cumulative decrease in tree cover of 10 percent or less; or

6.    Other specific changes as noted in the master development plan.

Major amendments are changes that exceed the thresholds for a minor amendment or were not analyzed as part of an approved master development plan. Major amendments to an approved master development plan shall be processed as a new master development plan.

D.    Development Standards. Existing uses shall be subject to the following development standards:

1.    Density is limited to a maximum of 48 units per acre;

2.    Height is limited to a maximum of 65 feet;

3.    Buildings must be set back at least 20 feet from property lines at 35 feet building height abutting all R-4 and R-6 zones. Above 35 feet buildings shall be set back at a ratio of two to one;

4.    New building bulk shall be massed to have the least impact on neighboring single-family neighborhood(s) and development on campus;

5.    At a minimum, landscaping along interior lot lines shall conform with the standards set forth in SMC 20.50.490;

6.    New construction of buildings and parking areas shall preserve existing significant trees to the maximum extent possible. Landscaping of parking areas shall at a minimum conform with the standards set forth in SMC 20.50.500;

7.    Development permits for parking shall include a lighting plan for review and approval by the Planning Director. The lighting shall be hooded and directed such that it does not negatively impact adjacent residential areas;

8.    The location, material, and design of any walkway within the campus shall be subject to the review and approval of the Planning Director; and

9.    Where adjacent to existing single-family residences, existing and new campus roadways and parking areas shall be landscaped as much as possible in the space available to provide a visual screen. The amount and type of plant materials shall be subject to the review and approval of the Planning Director.

These standards may be modified to mitigate significant off-site impacts of implementing the master development plan in a manner equal to or greater than the code standards.

E.    New Uses or New Development Standards. In order to allow a new use or new uses on a campus zoned site, an amendment to the Comprehensive Plan and Development Code is required.

F.    Early Community Input. Applicants are encouraged to develop a community and stakeholders consensus-based master development plan. Community input is required to include soliciting input from stakeholders, community members and any other interested parties with bubble diagrams, diagrammatic site plans, or conceptual site plans. Tape recording, video recording, or a court reporter transcription of this meeting or meetings is required at the time of application. The applicant shall provide an explanation of the comments of these entities to the City regarding the incorporation (or not) of these comments into the design and development of the proposal.

G.    Master Development Plan Expiration. After 10 years, the Planning Commission shall review the master development plan for an update every five years. Revisions are required if it has become inconsistent with current City’s Vision, Goals, Strategies (such as the Economic Development Strategy, Housing Strategy, Environmental Sustainability Strategy), Comprehensive Plan and other sections of the Development Code. (Ord. 507 § 4, 2008).

20.30.360 Citation of subchapter.

This subchapter may be cited as the City of Shoreline Subdivision Ordinance and shall supplement and implement the State regulations of plats, subdivisions and dedications. (Ord. 238 Ch. III § 8(a), 2000).

20.30.370 Purpose.

Subdivision is a mechanism by which to divide land into lots, parcels, sites, units, plots, condominiums, tracts, or interests for the purpose of sale. The purposes of subdivision regulations are:

A.    To regulate division of land into two or more lots, condominiums, tracts or interests;

B.    To protect the public health, safety and general welfare in accordance with the State standards;

C.    To promote effective use of land;

D.    To promote safe and convenient travel by the public on streets and highways;

E.    To provide for adequate light and air;

F.    To facilitate adequate provision for water, sewerage, stormwater drainage, parks and recreation areas, sites for schools and school grounds and other public requirements;

G.    To provide for proper ingress and egress;

H.    To provide for the expeditious review and approval of proposed subdivisions which conform to development standards and the Comprehensive Plan;

I.    To adequately provide for the housing and commercial needs of the community;

J.    To protect environmentally sensitive areas as designated in the critical area overlay districts chapter, Chapter 20.80 SMC, Special Districts;

K.    To require uniform monumenting of land subdivisions and conveyance by accurate legal description. (Ord. 238 Ch. III § 8(b), 2000).

20.30.380 Subdivision categories.

A.    Lot Line Adjustment: A minor reorientation of a lot line between existing lots to correct an encroachment by a structure or improvement to more logically follow topography or other natural features, or for other good cause, which results in no more lots than existed before the lot line adjustment.

B.    Short Subdivision: A subdivision of four or fewer lots.

C.    Formal Subdivision: A subdivision of five or more lots.

D.    Binding Site Plan: A land division for commercial, industrial, and condominium type of developments.

Note: When reference to “subdivision” is made in this Code, it is intended to refer to both “formal subdivision” and “short subdivision” unless one or the other is specified. (Ord. 238 Ch. III § 8(c), 2000).

20.30.390 Exemption.

The provisions of this subchapter do not apply to the exemptions specified in the State law, including but not limited to:

A.    Cemeteries and other burial plots while used for that purpose;

B.    Divisions made by testamentary provisions, or the laws of descent;

C.    Divisions of land for the purpose of lease when no residential structure other than mobile homes are permitted to be placed on the land, when the City has approved a binding site plan in accordance with the Code standards;

D.    Divisions of land which are the result of actions of government agencies to acquire property for public purposes, such as condemnation for roads.

Divisions under subsections (A) and (B) of this section will not be recognized as lots for building purposes unless all applicable requirements of the Code are met. (Ord. 238 Ch. III § 8(d), 2000).

20.30.400 Lot line adjustment – Type A action.

A.    Lot line adjustment is exempt from subdivision review. All proposals for lot line adjustment shall be submitted to the Director for approval. The Director shall not approve the proposed lot line adjustment if the proposed adjustment will:

1.    Create a new lot, tract, parcel, site or division;

2.    Would otherwise result in a lot which is in violation of any requirement of the Code.

B.    Expiration. An application for a lot line adjustment shall expire one year after a complete application has been filed with the City. An extension up to an additional year may be granted by the City, upon a showing by the applicant of reasonable cause. (Ord. 238 Ch. III § 8(e), 2000).

20.30.410 Preliminary subdivision review procedures and criteria.

The preliminary short subdivision may be referred to as a short plat – Type B action.

The preliminary formal subdivision may be referred to as long plat – Type C action.

Review criteria: The following criteria shall be used to review proposed subdivisions:

A.    Environmental.

1.    Where environmental resources exist, such as trees, streams, ravines or wildlife habitats, the proposal shall be designed to fully implement the goals, policies, procedures and standards of the critical areas chapter, Chapter 20.80 SMC, Critical Areas, and the tree conservation, land clearing and site grading standards sections.

2.    The proposal shall be designed to minimize grading by using shared driveways and by relating street, house site and lot placement to the existing topography.

3.    Where conditions exist which could be hazardous to the future residents of the land to be divided, or to nearby residents or property, such as, flood plains, steep slopes or unstable soil or geologic conditions, a subdivision of the hazardous land shall be denied unless the condition can be permanently corrected, consistent with subsections (A)(1) and (2) of this section.

4.    The proposal shall be designed to minimize off-site impacts, especially upon drainage and views.

B.    Lot and Street Layout.

1.    Lots shall be designed to contain a usable building area. If the building area would be difficult to develop, the lot shall be redesigned or eliminated, unless special conditions can be imposed that will ensure the lot is developed consistent with the standards of this Code and does not create nonconforming structures, uses or lots.

2.    Lots shall not front on primary or secondary highways unless there is no other feasible access. Special access provisions, such as, shared driveways, turnarounds or frontage streets may be required to minimize traffic hazards.

3.    Each lot shall meet the applicable dimensional requirements of the Code.

4.    Pedestrian walks or bicycle paths shall be provided to serve schools, parks, public facilities, shorelines and streams where street access is not adequate.

C.    Dedications.

1.    The City Council may require dedication of land in the proposed subdivision for public use.

2.    Only the City Council may approve a dedication of park land. The council may request a review and written recommendation from the Planning Commission.

3.    Any approval of a subdivision shall be conditioned on appropriate dedication of land for streets, including those on the official street map and the preliminary plat.

4.    Dedications to the City of Shoreline for the required right-of-way, stormwater facilities, open space, and easements and tracts may be required as a condition of approval.

D.    Improvements.

1.    Improvements which may be required, but are not limited to, streets, curbs, pedestrian walks and bicycle paths, critical area enhancements, sidewalks, street landscaping, water lines, sewage systems, drainage systems and underground utilities.

2.    Improvements shall comply with the development standards of Chapter 20.60 SMC, Adequacy of Public Facilities.

Time limit: Approval of a preliminary formal subdivision or preliminary short subdivision shall expire and have no further validity at the end of three years of preliminary approval. (Ord. 324 § 1, 2003; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 8(f), 2000).

20.30.420 Changes to approved subdivision.

A.    Preliminary Subdivision. The Director may approve minor changes to an approved preliminary subdivision, or its conditions of approval. If the proposal involves additional lots, rearrangements of lots or roads, additional impacts to surrounding property, or other major changes, the proposal shall be reviewed in the same manner as a new application.

B.    Recorded Final Plats. An application to change a final plat that has been filed for record shall be processed in the same manner as a new application. This section does not apply to affidavits of correction of lot line adjustments. (Ord. 238 Ch. III § 8(g), 2000).

20.30.430 Site development permit for required subdivision improvements – Type A action.

Engineering plans for improvements required as a condition of preliminary approval of a subdivision shall be submitted to the Department for review and approval of a site development permit, allowing sufficient time for review before expiration of the preliminary subdivision approval. Permit expiration time limits for site development permits shall be as indicated in SMC 20.30.165. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 8(h), 2000).

20.30.440 Installation of improvements.

A.    Timing and Inspection Fee. The applicant shall not begin installation of improvements until the Director has approved the improvement plans, the Director and the applicant have agreed in writing on a time schedule for installation of the improvements, and the applicant has paid an inspection fee.

B.    Completion – Bonding. The applicant shall either complete the improvements before the final plat is submitted for City Council approval, or the applicant shall post a bond or other suitable surety to guarantee the completion of the improvements within one year of the approval of the final plat. The bond or surety shall be based on the construction cost of the improvement as determined by the Director.

C.    Acceptance – Maintenance Bond. The Director shall not accept the improvements for the City of Shoreline until the improvements have been inspected and found satisfactory, and the applicant has posted a bond or surety for 15 percent of the construction cost to guarantee against defects of workmanship and materials for two years from the date of acceptance. (Ord. 238 Ch. III § 8(i), 2000).

20.30.450 Final plat review procedures.

A.    Submission. The applicant may not file the final plat for review until the required site development permit has been submitted and approved by the City.

B.    Final Short Plat. The Director shall conduct an administrative review of a proposed final short plat. Only when the Director finds that a proposed short plat conforms to all terms of the preliminary short plat and meets the requirements of Chapter 58.17 RCW, other applicable state laws, and SMC Title 20 which were in effect at the time when the preliminary short plat application was deemed complete, the Director shall sign on the face of the short plat signifying the Director’s approval of the final short plat.

C.    Final Formal Plat. After an administrative review by the Director, the final formal plat shall be presented to the City Council. Only when the City Council finds that a subdivision proposed for final plat approval conforms to all terms of the preliminary plat, and meets the requirements of Chapter 58.17 RCW, other applicable state laws, and SMC Title 20 which were in effect at the time when the preliminary plat application was deemed complete, the City Manager shall sign on the face of the plat signifying the City Council’s approval of the final plat.

D.    Acceptance of Dedication. City Council’s approval of a final formal plat or the Director’s approval of a final short plat constitutes acceptance of all dedication shown on the final plat.

E.    Filing for Record. The applicant for subdivision shall file the original drawing of the final plat for recording with the King County Department of Records and Elections. One reproduced full copy on mylar and/or sepia material shall be furnished to the Department. (Ord. 515 § 1, 2008; Ord. 238 Ch. III § 8(j), 2000).

20.30.460 Effect of rezones.

The owner of any lot in a final plat filed for record shall be entitled to use the lot for the purposes allowed under the zoning in effect at the time of filing of a complete application for five years from the date of filing the final plat for record, even if the property zoning designation and/or the Code has been changed. (Ord. 352 § 1, 2004; Ord. 238 Ch. III § 8(k), 2000).

20.30.470 Further division – Short subdivisions.

A further division of any lot created by a short subdivision shall be reviewed as and meet the requirements of this subchapter for formal subdivision if the further division is proposed within five years from the date the final plat was filed for record; provided, however, that when a short plat contains fewer than four parcels, nothing in this subchapter shall be interpreted to prevent the owner who filed the original short plat, from filing a revision thereof within the five-year period in order to create up to a total of four lots within the original short subdivision boundaries. (Ord. 238 Ch. III § 8(l), 2000).

20.30.480 Binding site plans – Type B action.

A.    Commercial and Industrial. This process may be used to divide commercially and industrially zoned property, as authorized by State law. On sites that are fully developed, the binding site plan merely creates or alters interior lot lines. In all cases the binding site plan ensures, through written agreements among all lot owners, that the collective lots continue to function as one site concerning but not limited to: lot access, interior circulation, open space, landscaping and drainage; facility maintenance, and coordinated parking. The following applies:

1.    The site that is subject to the binding site plan shall consist of one or more contiguous lots legally created.

2.    The site that is subject to the binding site plan may be reviewed independently for fully developed sites; or, concurrently with a commercial development permit application for undeveloped land; or in conjunction with a valid commercial development permit.

3.    The binding site plan process merely creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon.

B.    Repealed by Ord. 439.

C.    Recording and Binding Effect. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a professional land surveyor, licensed in the State of Washington. Surveys shall include those items prescribed by State law.

D.    Amendment, Modification and Vacation. Amendment, modification and vacation of a binding site plan shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new binding site plan application. (Ord. 439 § 1, 2006; Ord. 238 Ch. III § 8(m), 2000).

20.30.490 Citation of subchapter and authority.

This subchapter may be cited as the City of Shoreline Environmental Procedures Ordinance. The City of Shoreline adopts this subchapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. This subchapter contains this City’s SEPA procedures and policies. The SEPA Rules, Chapter 197-11 WAC, must be used in conjunction with this subchapter. (Ord. 238 Ch. III § 9(a), 2000).

20.30.500 Definitions – Adoption by reference.

The City adopts by reference the definitions contains in WAC 197-11-700 through 197-11-799, as now existing or hereinafter amended. The following abbreviations are used in this subchapter:

DEIS – Draft Environmental Impact Statement

DNS – Determination of Nonsignificance

DOE – Department of Ecology

DS – Determination of Significance

EIS – Environmental Impact Statement

FEIS – Final Environmental Impact Statement

MTCA – Model Toxics Control Act

SEPA – State Environmental Policy Act

(Ord. 238 Ch. III § 9(b), 2000).

20.30.510 General requirements – Adoption by reference.

The City of Shoreline adopts the following sections of Chapter 197-11 WAC, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:

WAC

197-11-040    Definitions.

197-11-050    Lead agency.

197-11-060    Content of environmental review.

197-11-070    Limitations on actions during SEPA process.

197-11-080    Incomplete or unavailable information.

197-11-090    Supporting documents.

197-11-100    Information required of applicants.

197-11-158    GMA project review – Reliance on existing plans, laws, and regulations.

197-11-210    SEPA/GMA integration.

197-11-220    SEPA/GMA definitions.

197-11-228    Overall SEPA/GMA integration procedures.

197-11-230    Timing of an integrated GMA/SEPA process.

197-11-232    SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.

197-11-235    Documents.

197-11-238    Monitoring.

197-11-250    SEPA/Model Toxics Control Act integration.

197-11-253    SEPA lead agency for MTCA actions.

197-11-256    Preliminary evaluation.

197-11-259    Determination of nonsignificance for MTCA remedial actions.

197-11-262    Determination of significance and EIS for MTCA remedial actions.

197-11-265    Early scoping for MTCA remedial actions.

197-11-268    MTCA interim actions.

(Ord. 238 Ch. III § 9(c), 2000).

20.30.520 Designation of responsible official.

A.    For those proposals for which the City is a lead agency, the responsible official shall be the Director or such other person as the Director may designate in writing.

B.    For all proposals for which the City is a lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required EIS and perform any other functions assigned to the lead agency or responsible official by those sections of the SEPA Rules (Chapter 197-11 WAC) that have been adopted by reference.

C.    The responsible official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

D.    The responsible official shall be responsible for the City’s compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City.

E.    The responsible official shall retain all documents required by the SEPA Rules and make them available in accordance with Chapter 42.17 RCW. (Ord. 238 Ch. III § 9(d), 2000).

20.30.530 Lead agency determination and responsibilities.

A.    When the City receives an application for or initiates a proposal that involves a nonexempt action, the responsible official shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the responsible official is aware that another agency is in the process of determining the lead agency.

B.    When the City is not the lead agency for a proposal, all departments of the City shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No City department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600.

C.    If the City, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 15 days of receipt of the determination, or the City must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the City may be initiated by the responsible official or any department.

D.    The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944.

E.    The responsible official shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal.

F.    When the City is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the responsible official shall decide jointly with the Department of Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Ord. 238 Ch. III § 9(e), 2000).

20.30.540 Timing and content of environmental review.

A.    Categorical Exemptions. The City will normally identify whether an action is categorically exempt within 10 days of receiving a complete application.

B.    Threshold Determinations. When the City is lead agency for a proposal, the following threshold determination timing requirements apply:

1.    If a DS is made concurrent with the notice of application, the DS and scoping notice shall be combined with the notice of application (RCW 36.70B.110). Nothing in this subsection prevents the DS/scoping notice from being issued before the notice of application. If sufficient information is not available to make a threshold determination when the notice of application is issued, the DS may be issued later in the review process.

2.    If the City is lead agency and project proponent or is funding a project, the City may conduct its review under SEPA and may allow appeals of procedural determinations prior to submitting a project permit application.

3.    If an open record predecision hearing is required, the threshold determination shall be issued at least 15 days before the open record predecision hearing (RCW 36.70B.110 (6)(b)).

4.    The optional DNS process in WAC 197-11-355 may be used to indicate on the notice of application that the lead agency is likely to issue a DNS. If this optional process is used, a separate comment period on the DNS may not be required (refer to WAC 197-11-355(4)).

C.    For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the City’s staff recommendation to the appropriate review authority. If the final EIS is or becomes available, it shall be substituted for the draft.

D.    The optional provision of WAC 197‑11‑060(3)(c) is adopted. (Ord. 238 Ch. III § 9(f), 2000).

20.30.550 Categorical exemptions and threshold determinations – Adoption by reference.

The City adopts the following sections of the SEPA Rules by reference, as now existing or hereinafter amended, as supplemented in this subchapter:

WAC

197-11-300    Purpose of this part.

197-11-305    Categorical exemptions.

197-11-310    Threshold determination required.

197-11-315    Environmental checklist.

197-11-330    Threshold determination process.

197-11-335    Additional information.

197-11-340    Determination of nonsignificance (DNS).

197-11-350    Mitigated DNS.

197-11-355    Optional DNS process.

197-11-360    Determination of significance (DS)/initiation of scoping.

197-11-390    Effect of threshold determination.

197-11-800    Categorical exemptions (flexible thresholds).

    Note: the lowest exempt level applies unless otherwise indicated.

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

(Ord. 299 § 1, 2002; Ord. 238 Ch. III § 9(g), 2000).

20.30.560 Categorical exemptions – Minor new construction.

The following types of construction shall be exempt, except: 1) when undertaken wholly or partly on lands covered by water; 2) the proposal would alter the existing conditions within a critical area or buffer; or 3) a rezone or any license governing emissions to the air or discharges to water is required.

A.    The construction or location of any residential structures of four dwelling units.

B.    The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and with associated parking facilities designed for 20 automobiles.

C.    The construction of a parking lot designed for 20 automobiles.

D.    Any landfill or excavation of 500 cubic yards throughout the total lifetime of the fill or excavation; any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder. (Ord. 324 § 1, 2003; Ord. 299 § 1, 2002; Ord. 238 Ch. III § 9(h), 2000).

20.30.570 Categorical exemptions and threshold determinations – Use of exemptions.

A.    The determination of whether a proposal is categorically exempt shall be made by the responsible official.

B.    The determination that a proposal is exempt shall be final and not subject to administrative review.

C.    If a proposal is exempt, none of the procedural requirements of this subchapter shall apply to the proposal.

D.    The responsible official shall not require completion of an environmental checklist for an exempt proposal.

E.    If a proposal includes both exempt and nonexempt actions, the responsible official may authorize exempt actions prior to compliance with the procedural requirements of this ordinance, except that:

1.    The responsible official shall not give authorization for:

•	Any nonexempt action;

•	Any action that would have an adverse environmental impact; or

•	Any action that would limit the choice of alternatives.

2.    The responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

3.    The responsible official may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. (Ord. 238 Ch. III § 9(i), 2000).

20.30.580 Environmental checklist.

A.    A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not exempted in this ordinance; except, a checklist is not needed if the City’s responsible official and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. Except as provided in subsection E of this section, the checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).

B.    For private proposals, the responsible official will require the applicant to complete the environmental checklist, providing assistance as necessary. For City proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

C.    The responsible official may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

1.    The City has technical information on a question or questions that is unavailable to the private applicant; or

2.    The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration; or

3.    On the request of the applicant.

D.    The applicant shall pay to the City the actual costs of providing information under subsections (C)(2) and (C)(3) of this section.

E.    For projects submitted as planned actions under WAC 197-11-164, the City shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance; or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a 30-day review prior to use.

F.    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. (Ord. 238 Ch. III § 9(j), 2000).

20.30.590 Mitigated DNS.

A.    As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

B.    An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

1.    Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the Department is lead agency; and

2.    Precede the City’s actual threshold determination for the proposal.

C.    The responsible official’s response to the request for early request shall:

1.    Be written;

2.    State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

3.    State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

D.    When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

1.    If the City indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a DNS if the City determines that no additional information or mitigation measures are required.

2.    If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate.

3.    The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.

4.    Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

E.    A mitigated DNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.

F.    Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the City.

G.    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.

H.    If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.

I.    The City’s written response under subsection (C) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 238 Ch. III § 9(k), 2000).

20.30.600 Environmental impact statements (EIS) – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented by this subchapter:

WAC

197-11-400    Purpose of EIS.

197-11-402    General requirements.

197-11-405    EIS types.

197-11-406    EIS timing.

197-11-408    Scoping.

197-11-410    Expanded scoping.

197-11-420    EIS preparation.

197-11-425    Style and size.

197-11-430    Format.

197-11-435    Cover letter or memo.

197-11-440    EIS contents.

197-11-442    Contents of EIS on nonproject proposals.

197-11-443    EIS contents when prior nonproject EIS.

197-11-444    Elements of the environment.

197-11-448    Relationship of EIS to other considerations.

197-11-450    Cost-benefit analysis.

197-11-455    Issuance of DEIS.

197-11-460    Issuance of FEIS.

(Ord. 238 Ch. III § 9(l), 2000).

20.30.610 Environmental impact statements and other environmental documents –Additional considerations.

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 Department shall be responsible for preparation and content of EISs and other environmental documents. The Department may contract with consultants as necessary for the preparation of environmental documents. The Department may consider the opinion of the applicant regarding the qualifications of the consultant but the Department shall retain sole authority for selecting persons or firms to author, co‑author, provide special services or otherwise participate in the preparation of required environmental documents.

C.    Consultants or sub-consultants selected by the Department 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.    All costs of preparing the environment document shall be borne by the applicant.

E.    If the responsible official requires an EIS for a proposal and determines that someone other than the City will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the City’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

F.    The City may require an applicant to provide information the City does not possess, including information that must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100, or other provisions of regulations, statute, or ordinance. An applicant shall not be required to produce information under this provision which is not specifically required by this subchapter nor is the applicant relieved of the duty to supply any other information required by statute, regulation or ordinance.

G.    In the event an applicant decides to suspend or abandon the project, the applicant must provide formal written notice to the Department and consultant. The applicant shall continue to be responsible for all monies expended by the Department or consultants to the point of receipt of notification to suspend or abandon, or other obligations or penalties under the terms of any contract let for preparation of the environmental documents.

H.    The Department shall only publish an environmental impact statement (EIS) when it believes that the EIS adequately discloses the significant direct, indirect, and cumulative adverse impacts of the proposal and its alternatives; mitigation measures proposed and committed to by the applicant, and their effectiveness in significantly mitigating impacts; mitigation measures that could be implemented or required; and unavoidable significant adverse impacts. (Ord. 238 Ch. III § 9(m), 2000).

20.30.620 Comments and public notice – Adoption by reference.

The City adopts the following sections, as now existing or hereinafter amended, by reference as supplemented in this subchapter:

WAC

197-11-500    Purpose of this part.

197-11-502    Inviting comment.

197-11-504    Availability and cost of environmental documents.

197-11-508    SEPA register.

197-11-510    Public notice.

197-11-535    Public hearings and meetings.

197-11-545    Effect of no comment.

197-11-550    Specificity of comments.

197-11-560    FEIS response to comments.

197-11-570    Consulted agency costs to assist lead agency.

(Ord. 238 Ch. III § 9(n), 2000).

20.30.630 Comments and public notice – Additional considerations.

A.    For purposes of WAC 197‑11‑510, public notice shall be required as provided in Chapter 20.30, Subchapter 3, Permit Review Procedures, except for Type L actions.

B.    Publication of notice in a newspaper of general circulation in the area where the proposal is located shall also be required for all nonproject actions and for all other proposals that are subject to the provisions of this subchapter but are not classified as Type A, B, or C actions.

C.    The responsible official may require further notice if deemed necessary to provide adequate public notice of a pending action. Failure to require further or alternative notice shall not be a violation of any notice procedure. (Ord. 352 § 1, 2004; Ord. 238 Ch. III § 9(o), 2000).

20.30.640 Using and supplementing existing environmental documents – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference:

WAC

197-11-164    Planned actions – Definition and criteria.

197-11-168    Ordinances or resolutions designating planned actions – Procedures for adoption.

197-11-172    Planned actions – Project review.

197-11-600    When to use existing environmental documents.

197-11-610    Use of NEPA documents.

197-11-620    Supplemental environmental impact statements.

197-11-625    Addenda – Procedures.

197-11-630    Adoption – Procedures.

197-11-635    Incorporation by reference – Procedures.

197-11-640    Combining documents.

(Ord. 238 Ch. III § 9(p), 2000).

20.30.650 SEPA decisions – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:

WAC

197-11-650    Purpose of this part.

197-11-655    Implementation.

197-11-660    Substantive authority and mitigation.

197-11-680    Appeals.

(Ord. 238 Ch. III § 9(q), 2000).

20.30.660 SEPA decisions – Substantive authority.

A.    The City may attach conditions to a permit or approval for a proposal so long as:

1.    Such conditions are necessary to mitigate specific adverse environmental impacts identified in environmental documents prepared pursuant to this subchapter; and

2.    Such conditions are in writing; and

3.    The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

4.    The City has considered whether other local, State, or Federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

5.    Such conditions are based on one or more policies in SMC 20.30.670 and cited in the permit, approval, license or other decision document.

B.    The City may deny a permit or approval for a proposal on the basis of SEPA so long as:

1.    A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final supplemental EIS; and

2.    A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

3.    The denial is based on one or more policies identified in SMC 20.30.670 and identified in writing in the decision document. (Ord. 238 Ch. III § 9(r), 2000).

20.30.670 SEPA policies.

A.    The policies and goals set forth in this section are supplementary to those in the existing authorization of the City of Shoreline.

B.    For the purposes of RCW 43.21C.060 and WAC 197‑11‑660(a), the following policies, plans, rules and regulations, and all amendments thereto, are designated as potential bases for the exercise of the City’s substantive authority to condition or deny proposals under SEPA, subject to the provisions of RCW 43.21C.240 and SMC 20.30.660.

1.    The policies of the State Environmental Policy Act, RCW 43.21C.020.

2.    The Shoreline Comprehensive Plan, its appendices, subarea plans, surface water management plans, park master plans, and habitat and vegetation conservation plans.

3.    The City of Shoreline Municipal Code. (Ord. 238 Ch. III § 9(s), 2000).

20.30.680 Appeals.

A.    Any interested person may appeal a threshold determination and the conditions or denials of a requested action made by a nonelected official pursuant to the procedures set forth in this section and Chapter 20.30 SMC, Subchapter 4, General Provisions for Land Use Hearings and Appeals. No other SEPA appeal shall be allowed.

B.    Appeals of threshold determinations are procedural SEPA appeals which are conducted by the Hearing Examiner pursuant to the provisions of Chapter 20.30 SMC, Subchapter 4, General Provisions for Land Use Hearings and Appeals, subject to the following:

1.    Only one appeal of each threshold determination shall be allowed on a proposal.

2.    As provided in RCW 43.21C.075(3)(d), the decision of the responsible official shall be entitled to substantial weight.

3.    An appeal of a DS must be filed within 14 calendar days following issuance of the DS.

4.    An appeal of a DNS for actions classified as Type A, B, or C actions in Chapter 20.30 SMC, Subchapter 2, Types of Actions, must be filed within 14 calendar days following notice of the threshold determination as provided in SMC 20.30.150, Public notice of decision; provided, that the appeal period for a DNS for Type A, B, or C actions shall be extended for an additional seven calendar days if WAC 197-11-340(2)(a) applies. For actions not classified as Type A, B, or C actions in Chapter 20.30 SMC, Subchapter 2, Types of Actions, no administrative appeal of a DNS is permitted.

5.    The Hearing Examiner shall make a final decision on all procedural SEPA determinations. The Hearing Examiner’s decision may be appealed to superior court as provided in Chapter 20.30 SMC, Subchapter 4, General Provisions for Land Use Hearings and Appeals.

C.    The Hearing Examiner’s consideration of procedural SEPA appeals shall be consolidated in all cases with substantive SEPA appeals, if any, involving decisions to condition or deny an application pursuant to RCW 43.21C.060 and with the public hearing or appeal, if any, on the proposal, except for appeals of a DS.

D.    Administrative appeals of decisions to condition or deny applications pursuant to RCW 43.21C.060 shall be consolidated in all cases with administrative appeals, if any, on the merits of a proposal. See Chapter 20.30 SMC, Subchapter 4, General Provisions for Land Use Hearing and Appeals.

E.    Notwithstanding the provisions of subsections (A) through (D) of this section, the Department may adopt procedures under which an administrative appeal shall not be provided if the Director finds that consideration of an appeal would be likely to cause the Department to violate a compliance, enforcement or other specific mandatory order or specific legal obligation. The Director’s determination shall be included in the notice of the SEPA determination, and the Director shall provide a written summary upon which the determination is based within five days of receiving a written request. Because there would be no administrative appeal in such situations, review may be sought before a court of competent jurisdiction under RCW 43.21C.075 and applicable regulations, in connection with an appeal of the underlying governmental action. (Ord. 352 § 1, 2004; Ord. 238 Ch. III § 9(t), 2000).

20.30.690 Compliance with SEPA – Adoption by reference.

The City adopts the following sections of the SEPA Rules, as now existing or hereinafter amended, by reference, as supplemented in this subchapter:

WAC

197-11-900    Purpose of this part.

197-11-902    Agency SEPA policies.

197-11-916    Application to ongoing actions.

197-11-920    Agencies with environmental expertise.

197-11-922    Lead agency rules.

197-11-924    Determining the lead agency.

197-11-926    Lead agency for governmental proposals.

197-11-928    Lead agency for public and private proposals.

197-11-930    Lead agency for private projects with one agency with jurisdiction.

197-11-932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934    Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936    Lead agency for private projects requiring licenses from more than one state agency.

197-11-938    Lead agencies for specific proposals.

197-11-940    Transfer of lead agency status to a state agency.

197-11-942    Agreements on lead agency status.

197-11-944    Agreements on division of lead agency duties.

197-11-946    DOE resolution of lead agency disputes.

197-11-948    Assumption of lead agency status.

(Ord. 238 Ch. III § 9(u), 2000).

20.30.700 Forms – Adoption by reference.

The City adopts the following forms and sections of the SEPA Rules, as now existing or hereinafter amended, by reference:

WAC

197-11-960    Environmental checklist.

197-11-965    Adoption notice.

197-11-970    Determination of nonsignificance (DNS).

197-11-980    Determination of significance and scoping notice (DS).

197-11-985    Notice of assumption of lead agency status.

197-11-990    Notice of action.

(Ord. 238 Ch. III § 9(v), 2000).

20.30.710 Severability.

Should any section, subsection, paragraph, sentence, clause or phrase of this subchapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this subchapter. (Ord. 238 Ch. III § 9(w), 2000).

 

20.30.720 Purpose.

This subchapter is an exercise of the City’s power to protect the public health, safety and welfare; and its purpose is to provide enforcement of Code Violations, abatement of nuisances, and collection of abatement expenses by the City. This Code shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons.

It is the intent of this subchapter to place the obligation for Code compliance upon the responsible party, within the scope of this subchapter, and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages in a civil action. (Ord. 406 § 1, 2006; Ord. 238 Ch. III § 10(a), 2000).

20.30.730 General provisions.

A.    For the purposes of this subchapter, any person who causes or maintains a Code Violation and the owner, lessor, tenant or other person entitled to control, use, or occupancy of property where a Code Violation occurs shall be identified as the responsible party and shall be subject to enforcement action as provided in this subchapter.

However, if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner’s knowledge or consent by someone other than the owner or someone acting on the owner’s behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances, as determined by the Director. Should the responsible party not correct the violation, after service of the notice and order, civil penalties and abatement costs may be assessed.

B.    It shall be the responsibility of any person identified as a responsible party to bring the property into a safe and reasonable condition to achieve compliance. Payment of fines, applications for permits, acknowledgment of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. The date set for compliance in the notice and order takes precedence over any date established for the expiration of any required permit(s) and will be subordinate only to written extension of the notice and order.

C.    The responsible parties have a duty to notify the Director of any actions taken to achieve compliance. A violation shall be considered ongoing until the responsible party has come into compliance and has notified the Director of this compliance, and an official inspection has verified compliance.

D.    The procedures set forth in this subchapter are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating Code Violations in any other manner authorized by law. (Ord. 515 § 1, 2008; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 238 Ch. III § 10(b), 2000).

20.30.740 Declaration of public nuisance, enforcement.

A.    A Code Violation, as used in this subchapter, is declared to be a public nuisance and includes violations of the following:

1.    Any City land use and development ordinances or public health ordinances;

2.    Any public nuisance as set forth in Chapters 7.48 and 9.66 RCW;

3.    Violation of any of the Codes adopted in Chapter 15.05 SMC;

4.    Any accumulation of refuse, except as provided in Chapter 13.14 SMC, Solid Waste Code;

5.    Nuisance vegetation;

6.    Discarding or dumping of any material onto the public right-of-way, waterway, or other public property; and

7.    Violation of any of the provisions of Chapter 13.10 SMC.

B.     No act which is done or maintained under the express authority of a statute or ordinance shall be deemed a public nuisance. (Ord. 531 § 1 (Exh. 1), 2009; Ord. 466 § 2, 2007; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 251 § 2(E), 2000; Ord. 238 Ch. III § 10(d), 2000. Formerly 20.30.750).

20.30.750 Junk vehicles as public nuisances.

A.    Storing junk vehicles as defined in SMC 10.05.030(A)(1) upon private property within the City limits shall constitute a nuisance and shall be subject to the penalties as set forth in this section, and shall be abated as provided in this section; provided, however, that this section shall not apply to:

1.    A vehicle or part thereof that is completely enclosed within a permanent building in a lawful manner, or the vehicle is not visible from the street or from other public or private property; or

2.    A vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.

B.    Whenever a vehicle has been certified as a junk vehicle under RCW 46.55.230, the last registered vehicle owner of record, if the identity of the owner can be determined, and the landowner of record where the vehicle is located shall each be given legal notice in accordance with SMC 20.30.770(F) that a public hearing may be requested before the Hearing Examiner. If no hearing is requested within 14 days from the date of service, the vehicle, or part thereof, shall be removed by the City. The towing company, vehicle wrecker, hulk hauler or scrap processor will notify the Washington State Patrol and the Department of Licensing of the disposition of the vehicle.

C.    If the landowner is not the registered or legal owner of the vehicle, no abatement action shall be commenced sooner than 20 days after certification as a junk vehicle to allow the landowner to remove the vehicle under the procedures of RCW 46.55.230.

D.    If a request for hearing is received within 14 days, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or parts thereof shall be mailed by certified mail to the landowner of record and to the last registered and legal owner of record of each vehicle unless ownership cannot be determined.

E.    The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner.

 

F.    The City may remove any junk vehicle after complying with the notice requirements of this section. The vehicle shall be disposed of by a licensed towing company, vehicle wrecker, hulk hauler or scrap processor with the disposing company giving notice to the Washington State Patrol and to the Department of Licensing of the disposition of the vehicle.

G.    The costs of abatement and removal of any such vehicle or remnant part shall be collected from the last registered vehicle owner if the identity of such owner can be determined, unless such owner has transferred ownership and complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle or remnant part is located, unless the landowner has prevailed in a hearing as specified in SMC 20.30.760(E). Costs shall be paid to the Finance Director within 30 days of the removal of the vehicle or remnant part and, if delinquent, shall be assessed against the real property upon which such cost was incurred as set forth in SMC 20.30.775. (Ord. 515 § 1, 2008; Ord. 469 § 1, 2007; Ord. 466 § 2, 2007; Ord. 406 § 1, 2006; Ord. 238 Ch. III § 10(e), 2000. Formerly 20.30.760).

20.30.760 Notice and orders.

Whenever the Director has reason to believe that a Code Violation exists or has occurred, the Director is authorized to issue a notice and order to correct the violation to any responsible party. A stop work order shall be considered a notice and order to correct. Issuance of a citation or stop work order is not a condition precedent to the issuance of any other notice and order.

A.    Subject to the appeal provisions of SMC 20.30.790, a notice and order represents a determination that a Code Violation has occurred and that the cited person is a responsible party.

B.    Failure to correct the Code Violation in the manner prescribed by the notice and order subjects the person cited to any of the compliance remedies provided by this subchapter, including:

1.    Civil penalties and costs;

2.    Continued responsibility for abatement, remediation and/or mitigation;

3.    Permit suspension, revocation, modification and/or denial; and/or

4.    Costs of abatement by the City, according to the procedures described in this subchapter.

C.    Any person identified in the notice and order as a responsible party may appeal the notice and order within 14 days of service, according to the procedures described in SMC 20.30.220 and 20.30.790. Failure to appeal the notice and order within 14 days of issuance shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party.

D.    Issuance of a notice and order in no way limits the Director’s authority to issue a criminal citation or notice of infraction.

E.    The notice and order shall contain the following information:

1.    The address, when available, or location of the Code Violation;

2.    A legal description of the real property where the violation occurred or is located;

3.    A statement that the Director has found the named person to have committed a Code Violation and a brief description of the violation or violations found;

4.    A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order that was or is being violated;

5.    The civil penalty assessed for failure to comply with the order;

6.    A statement advising that the notice and order may be recorded against the property in the King County Office of Records and Elections subsequent to service;

7.    A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency;

8.    A statement advising that, if any required work is not completed or a written extension for completion obtained within the time specified by the notice and order, the Director may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and several personal obligation of all responsible parties;

9.    A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the Code Violation occurred and as a joint and several personal obligation of all responsible parties;

10.    A statement advising that any person named in the notice and order or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within 14 days of the date of issuance of the notice and order;

11.    A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent City permit applications on the subject property;

12.    A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party; and

13.    A statement advising the responsible party of his or her duty to notify the Director of any actions taken to achieve compliance with the notice and order.

F.    Service of a notice and order shall be made on any responsible party by one or more of the following methods:

1.    Personal service may be made on the person identified as being a responsible party.

2.    Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available.

3.    Service by mail may be made for a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the responsible party at his or her last known address, at the address of the violation, or at the address of their place of business. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day the notice and order was mailed.

    The failure of the Director to make or attempt service on any person named in the notice and order shall not invalidate any proceedings as to any other person duly served.

G.    Whenever a notice and order is served on a responsible party, the Director may file a copy of the same with the King County Office of Records and Elections. When all violations specified in the notice and order have been corrected or abated, the Director shall issue a certificate of compliance to the parties listed on the notice and order. The responsible party is responsible for filing the certificate of compliance with the King County Office of Records and Elections, if the notice and order was recorded. The certificate shall include a legal description of the property where the violation occurred and shall state that any unpaid civil penalties, for which liens have been filed, are still outstanding and continue as liens on the property.

H.    The Director may revoke or modify a notice and order issued under this section if the original notice and order was issued in error or if a party to an order was incorrectly named. Such revocation or modification shall identify the reasons and underlying facts for revocation. Whenever there is new information or a change in circumstances, the Director may add to, rescind in whole or part or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this section.

I.    Failure to correct a Code Violation in the manner and within the time frame specified by the notice and order subjects the responsible party to civil penalties as set forth in SMC 20.30.770.

1.    Civil penalties assessed create a joint and several personal obligation in all responsible parties. The City Attorney may collect the civil penalties assessed by any appropriate legal means.

2.    Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the responsible party.

3.    The payment of penalties does not relieve a responsible party of any obligation to cure, abate or stop a violation. (Ord. 515 § 1, 2008; Ord. 469 § 1, 2007; Ord. 466 §§ 2, 3, 2007; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 238 Ch. III § 10(f), 2000. Formerly 20.30.770).

20.30.770 Enforcement provisions.

A.    Infraction. Whenever the Director has determined that a Code Violation has occurred, the Director may issue a Class 1 civil infraction, or other class of infraction specified in the particular ordinance violated, to any responsible party, according to the provisions set forth in Chapter 7.80 RCW.

B.    Misdemeanor. Any person who willfully or knowingly causes, aids or abets a Code Violation by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or imprisonment in the county jail for a term not to exceed 90 days. Each week (seven days) such violation continues shall be considered a separate misdemeanor offense. A misdemeanor complaint or notice of infraction may be filed as an alternative, or in addition to, any other judicial or administrative remedy provided in this subchapter or by law or other regulation.

C.    Suspension, Revocation or Limitation of Permit.

1.    The Director may suspend, revoke or limit any permit issued whenever:

a.    The permit holder has committed a Code Violation in the course of performing activities subject to that permit;

b.    The permit holder has interfered with the Director in the performance of his or her duties relating to that permit;

c.    The permit was issued in error or on the basis of materially incorrect information supplied to the City; or

d.    Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or cancelled.

2.    Such suspension, revocation or modification shall be carried out through the notice and order provisions of this subchapter and shall be effective upon the compliance date established by the notice and order. Such revocation, suspension or cancellation may be appealed to the Hearing Examiner using the appeal provisions of this subchapter. Notwithstanding any other provision of this subchapter, the Director may immediately suspend operations under any permit by issuing a stop work order.

D.    Civil Penalties.

1.    A civil penalty for violation of the terms and conditions of a notice and order shall be imposed in the amount of $500.00. The total initial penalties assessed for notice and orders and stop work orders pursuant to this section shall apply for the first 14-day period following the violation of the order, if no appeal is filed. The penalties for the next 14-day period shall be 150 percent of the initial penalties, and the penalties for the next 14-day period and each such period or portion thereafter shall be double the amount of the initial penalties.

2.    Any responsible party who has committed a violation of the provisions of Chapter 20.80 SMC, Critical Areas, or Chapter 20.50 SMC, General Development Standards (tree conservation, land clearing and site grading standards), will not only be required to restore unlawfully removed trees or damaged critical areas, insofar as that is possible and beneficial, as determined by the Director, but will also be required to pay civil penalties in addition to penalties under subsection (D)(1) of this section, for the redress of ecological, recreation, and economic values lost or damaged due to the violation. Civil penalties will be assessed according to the following factors:

a.    An amount determined to be equivalent to the economic benefit that the responsible party derives from the violation measured as the total of:

i.    The resulting increase in market value of the property; and

ii.    The value received by the responsible party; and

iii.    The savings of construction costs realized by the responsible party as a result of performing any act in violation of the chapter; and

b.    A penalty of $1,000 if the violation was deliberate, the result of knowingly false information submitted by the property owner, agent, or contractor, or the result of reckless disregard on the part of the property owner, agent, or their contractor. The property owner shall assume the burden of proof for demonstrating that the violation was not deliberate; and

c.    A penalty of $2,000 if the violation has severe ecological impacts, including temporary or permanent loss of resource values or functions.

3.    A repeat violation means a violation of the same regulation in any location within the City by the same responsible party, for which voluntary compliance previously has been sought or any enforcement action taken, within the immediate preceding 24-consecutive-month period, and will incur double the civil penalties set forth above.

4.     Under RCW 59.18.085, if, after 60 days from the date that the City first advanced relocation assistance funds to displaced tenants, the landlord does not repay the amount of relocation assistance advanced by the City, the City shall assess civil penalties in the amount of $50.00 per day for each tenant to whom the City has advanced a relocation assistance payment.

5.    The responsible parties have a duty to notify the Director of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the responsible party has come into compliance with the notice and order and has notified the Director of this compliance, and an official inspection has verified compliance.

6.    Civil penalties may be waived or reimbursed to the payer by the Director, with the concurrence of the Finance Director, under the following circumstances:

a.    The notice and order was issued in error; or

b.    The civil penalties were assessed in error; or

c.    Notice failed to reach the property owner due to unusual circumstances; or

d.    Compelling new information warranting waiver has been presented to the Director since the notice and order was issued and documented with the waiver decision.

E.    Abatement.

1.    All public nuisances are subject to abatement under this subchapter.

2.     Imminent Nuisance and Summary Abatement. If a condition, substance, act or nuisance exists which causes a condition the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for the abatement, shall be given to the person responsible for the property and the violation as soon as reasonably possible after the abatement. The Director shall make the determination of a condition, substance, act or other occurrence constituting an imminent nuisance requiring summary abatement. Costs, both direct and indirect, of the abatement may be assessed as provided in this chapter.

3.     In the case of such unfit dwellings, buildings, structures, and premises or portions thereof, the Director, as an alternative to any other remedy provided in this subchapter, may abate such conditions by demolition, repair, removal, or securing the site and have abatement costs collected as taxes by the King County Treasury pursuant to SMC 20.30.775. If an occupied rental dwelling or its premises are declared unfit and required to be vacated by a notice and order, and the landlord fails to pay relocation assistance as set forth in RCW 59.18.085, the City shall advance relocation assistance funds to eligible tenants in accordance with RCW 59.18.085.

F.    Additional Enforcement Provisions. The enforcement provisions of this section are not exclusive, and may be used in addition to other enforcement provisions authorized by the Shoreline Municipal Code or by state law, including filing for injunctive relief or filing of a civil action. (Ord. 466 § 2, 2007; Ord. 406 § 1, 2006; Ord. 391 § 4, 2005; Ord. 251 § 2(D), 2000; Ord. 238 Ch. III § 10(c), 2000. Formerly 20.30.740).

20.30.775 Collection of penalties and costs.

A.    All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of a fund or other appropriate accounting mechanism in the Department issuing the notice and order under which the abatement occurred.

B.    The amount of cost of repairs, alterations or improvements; or vacating and closing; or removal or demolition by the Director shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For the purposes of this section, the cost of vacating and closing shall include (1) the amount of relocation assistance payments advanced to the tenants under RCW 59.18.085 that a property owner has not repaid to the City, and (2) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085.

    Upon certification by the City Finance Director of the assessment amount being due and owing, the County Treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City.

    If the dwelling, building, structure, or premises is removed or demolished by the Director, the Director shall, if possible, sell the materials from such dwelling, building, structure, or premises and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Director, after deducting the costs incident thereto.

The assessment shall constitute a lien against the property, which shall be of equal rank with State, county and municipal taxes.

C.    In addition to, or in lieu of, the provisions set forth in this subchapter, the City may commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the City to obtain compliance pursuant to this chapter and/or to collect any penalties that have been assessed. (Ord. 466 § 4, 2007; Ord. 391 § 4, 2005; Ord. 238 Ch. III § 10(f), 2000)

20.30.780 Civil penalties.

Repealed by Ord. 391. (Ord. 238 Ch. III § 10(g), 2000).

20.30.790 Appeals and judicial enforcement.

A.    Administrative Appeal – Filing Requirements.

1.    Any person named in a notice and order, or any owner of the land where the violation for which a notice and order is issued, may file a notice of appeal within 14 days of the service of the notice and order.

2.    A notice of appeal shall comply with the form, content and service requirements of SMC 20.30.220 and rules promulgated thereunder.

B.    Administrative Appeal – Procedures.

1.    The appeal hearing shall be conducted as provided for a Type B action under SMC 20.30.050 and Chapter 20.30, Subchapter 4, General Provisions for Land Use Hearings and Appeals, except that where specific provisions in that chapter conflict, the provisions of this section shall govern.

2.    Enforcement of any notice and order of the Director issued pursuant to this subchapter shall be stayed as to the appealing party during the pendency of any administrative appeal under this section, except when the Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.

3.    Enforcement of any stop work order of the Director issued pursuant to this subchapter shall not be stayed during the pendency of any administrative appeal under this section.

4.    When multiple stop work orders or notices and orders have been issued for any set of facts constituting a violation, the enforcement actions appeal may be consolidated.

C.    Administrative Appeal – Final Order.

1.    Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions and shall affirm or modify the notice and order previously issued if the examiner finds that a violation has occurred. The examiner shall uphold the appeal and reverse the order if the examiner finds that no violation has occurred.

2.    If an owner of property where a violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the property owner’s knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such an abatement in order to avoid doing substantial injustice to a nonculpable property owner.

3.    The Hearing Examiner’s final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in superior court within the time period specified by State law. (Ord. 238 Ch. III § 10(h), 2000).