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Home My WebLink AboutLUA-08-097 - MiscHEARING FOR UNFIT DWELLINGS, BUILDINGS AND STRUCTURES June 18, 2009 Open Hearing 1:00 P.M. COUNCIL CHAMBERS Renton City Hall 1055 S Grady Way 7th Floor VIOLATOR: VIOLATION ADDRESS: Diane E. Miller 16855 125" Ave SE PARCEL #: 1432400135 Restoration Progress at 16855 -- 125a' SE as of March 2008 Project on hold pending resolution of Renton Order to Demolish NW Corner - 90% Good Material West (Dining Rm) - Showing Bracing To Remove Damaged Material Above Window l NE Corner - 90% Good Material Interior Hall - All but floor is Good Another view of Bracing - Note SW Comer - Wall and Rafter Material Rafter Material Good -all but 10% Good - all but 10% Restoration Progress — 16855 125"' SE -- page I Restoration Progress at 16855 — 125`h SE as of March 2008 Project on hold pending resolution of Renton Order to Demolish SE Corner — Showing Replacement of Water Damaged Floor Floor Joists 4 S(int.) Corner — Showing Replacement of Water Damaged Floor Joists West (at entry) — Replacement of Water Damaged Floor Joists NE Corner — 90% Good Material P. F a Interior Beams and Rafters — All 90 % Good AO SE Corner — Bracing to Allow Remove/Replace Water Damaged Material Around Front Window Restoration Progress — 16855 125`�' SE -- page 2 Restoration Progress at 16855 — 125' i SE as of March 2008 Project on hold pending resolution of Renton Order to Demolish Returning New Materials From Job Site to Storage Returning New Floor Joist Materials To Off Site Storage Off Site Storage of New Materials - 16855 12 w SE Project Restoration Progress -- 16855 125 h SE — page 3 + � 101 i Of CODE COMPLIANCE PUBLIC HEARING/MEETING DIANE E. MILLER PROPERTY City of Renton Council Chambers - 1:00 p.m. June 18, 2009 **Please Print Information** 1 /�J] Name: 61V )l/ � r�'i dC� 6 Name: Address: ) -7 Address: A 2 7 Name: Address: Address: /�/4 ��"_f= 3 Name: �'AP D -p4 � p {� �5 Address: r,;�5-157 `�`� 8 Name: Address: 4 Name: 9 Name. - Address: I -cxy 3 ! z s `= vc SC� Address: 5 Name: 10 Name. Address: Address: 4 THE LAW OFFICES OF RAYMOND W. EJARQUE 1001 41h Ave Suite 3200, Seattle, WA 98154 Phone (206)621-1554 Fax (206) 621-1550 Raymond@Seattle- Criminal La«Tyer. eom VIA FAX: (425) 430-7300 To: Marilyn Kamcheff From: Raymond Ejarque Date: April 30, 2009 Pages: 2, including cover Re: Diane Miller/Order to Correct Ms. Kamcheff: Please see the attached letter regarding the Order to Correct directed to Diane Miller in relation to the property at 16855 125th SE. Please call my office with any questions you may have regarding this matter. If you did not receive all copies, if any of the pages are not legible, or if you have received this transmission in error, please contact me, Thank You. Raymond W. Ejarque The information contained in this facsimile communication is privileged- and/ or confidential information intended only for the use of the individual or entity names above. If the reader of this cover page is not the intended recipient, you are hereby notified that any defamation, distribution, or copying of this communication or the information contained in this communication is strictly prohibited. hp LaserJet 3015 Tile Law puce= of Raymond iei. Fj, rjse 206-621 - 155f1 Apr-30 2009 4 0'_P� Fax Call Report Job Date 794 4/30/2009 Time Type 3 59:`5PM 5e-u Identification Duration Pages Result 4254307300 .1 - 2 C-K THE LAW OFFICES OF RAYMOND W. EJARQUE 1001 tv Ave Suite 3200. Searle. WA 98154 Phone 1206)62i - 1554 Fax (206) 621-1550 R e y m o ntl®9 a e1 t t e- Crf m I n al lasvye r. co m HA FAX. (425) 430.7300 To: Marilyn Kamcheff From. Raymond Ejwque Oate April 10, 29I19 Pages: 2, including cover Re Dime MlllerlOrdcr to Co=[ Ms. KarrichefF: Please see the attached letter regarding the Order to Correcl directed to Diane Milltr in relatio0 to the property at 16955 125* SE. Please tail my office with any questions you may have regarding this roamer. If you did not receive all topics, of any of the pages are rw logrble, or if you have received this transmission m errur, please wntacl me Thank You, Raymond W. Ejarque The information contained in this facsimile communication is privileged and/ or confidential information intended on}y for the use of the individual or entity names above. If the reader of this cover page is nor the intended reetpienl, you are hereby notified Thal any defamation, distribution, or cnpymg of :his communication or the information coctained in this communication is slricdy prnhihited THE LAW OFFICES OF RAYMOND W. EJARQUE 1001 4tn Ave Suite 3200, Seattle, WA 98154 Phone (206)621-1554 Fax {2061 621-1550 Raymond(iSeattle- Criminall-awyer. cam VIA FAX: (425) 430-7300 To: Marilyn Kamcheff From: Raymond Ejarque Date: April 30, 2009 Pages: 2, including cover Re: Diane Miller/Order to Correct Ms. Kamcheff: Please see the attached letter regarding the Order to Correct directed to Diane Miller in relation to the property at 16855 1251" SE. Please call my office with any questions you may have regarding this matter. If you did not receive all copies, if any of the pages are not legible, or if you have received this transmission in error, please contact me. Thank You, Raymond W. Ejarque The information contained in this facsimile communication is privileged and/ or confidential information intended only for the use of the individual or entity names above. If the reader of this cover page is not the intended recipient, you are hereby notified that any defamation, distribution, or copying of this communication or the information contained in this communication is strictly prohibited. hp LaserJet 3015 The Law Vf ci s of Rzyilnnd w. E—,a`]Ile 206 b%1 1550 Apr-30-2C{}9 4 01PM Fax Call Report Job Date Time Type Identification 794 4/30/2009 359 45PM Ser:c 425"3C,32,'. i n v e n t Duration Pages Result nK THE LAW OFFICES OF RAYMOND W. EJARQUE 1001 mr Ave SUIT 32no. Sup le. WA 98154 Ph— {2061621 155- Faa12061621; 1550 Reymrm rli!te a t l l e- G r i m a a I txwyer. ce m VTA FAX.(425) 4301-7300 To: Marilyn KarncheIT From: Raymond Ejarque DateApril 36 20119 Pages, 2, mcluding cover Re: Doane Miller,'Ordcr in Correct Ms KamchefT. Please see the attached letter regarding the Order to Correcl directed to Diane Miller in relation to the propert7 at 16955 12 Su SE. Please cal` my office with any questions you may have regarding Ibis manor If you did not receive all copies, ifany ol'the pages arc not legible, or if you have received this transmissinn m error. rlcasc Wnta''0 me Thank Ynu. Raymond W. Ejarque The information contained in this facsimile communication is privileged and/ or confidentsal informalion imended Drily for the use of the individual or cnlity names above. If the reader of this corer page is not the intended rcelpienl, von are hereby notified that any defamation, distribution, or a)pying or this cornw-unicall r: or the informalion contained in this commury cation is stcuVy prohibited OPENING STATEMENTS FOR UNFIT BUILDING HEARING ,tppf 1 S, 200" I would like to call to order the ( ) Unfit Building Hearing regarding the building located at Caddtess). I & S) 5 5 1 Zl 0 .x `1 /1 v E My name is Neil Watts, and I am the Director of Development Services for the City of Renton, and the designated official for presiding over this hearing today. Seated in front of me is (Mzff recording purposes), who will be recording this hearing today. C- 1l�Vf�2 Mav(;1i The purpose of today's meeting is to hold a public hearing on the official complaint fled against this structure pursuant to Ordinance No. 5221. This hearing constitutes the only public record hearing on this matter, unless the hearing is continued. An appeal to the Hearing Examiner will only allow review of the evidence and testimony submitted today, with some minor exceptions. A written decision containing findings and conclusions will be issued within 10 days of today's hearing. This decision will be final, unless appealed to the Hearing Examiner within 30 days. An appeal to the Hearing Examiner of my decision will only allow review of the evidence and testimony submitted, with some minor exceptions. Further information on the appeal procedure will be contained in the Director's decision. You may also call the City Clerk's office for further information about these procedures. Copies of the decision from this hearing will be sent to all Parties of Record. That is anyone who testified will be sent a copy. Anyone else wishing to receive a copy of the decision may leave their name on the sign-up sheet. The hearing procedure we will follow is: I will begin the hearing by asking all parties who wish to testify, including staff, to take an affirmation. The unfit building complaint information will then be presented by City staff, along with any supporting evidence. The property owner or representatives will then be provided an opportunity to testify. Any parties in support of the unfit building complaint will provide testimony. Any parties in opposition to the complaint will provide testimony. Parties may then rebut previous testimony or ask questions_ I may then ask some questions. Then the City staff will be asked for further comments and their final recommendations. I will then either close the hearing or continue it to a time and date certain. This hearing is recorded so we ask each party who testifies to please step to the podium, use the microphone and state your full name, spell your last name, and give your mailing address and zip code. If you speak again, please restate your last name. This is an administrative hearing so we do not use strict rules of evidence, but anything you say must be relevant. Please avoid repetitious testimony. If someone else has made the point that you were going to make, it is unnecessary to repeat it. At this time, I ask all parties who wish to testify to raise their right hand and take the following affirmation: Do you and each of you affirm the facts you are about to give in the matter now being heard are the truth? If so, answer I do. Thank you. At this time, I call upon the City to present its case regarding this Unfit Building Complaint. CODE COMPLIANCE PUBLIC HEARING/MEETING DIANE E. MILLER PROPERTY City of Renton Council Chambers - 1:00 p.m. June 18, 2009 "Please Print Information" 1 Name: C141� Y M 1Fk - Address: j �- y Address: 1 � �•� 6 Name - Address: 2 Name:{6,l1�P1,9 Y'f�l/n� /� Address: f/Dh� /��C �� 7 Name: Address: 3 Name:RAL ►� Q �P�IS Address: 1.15-1.�'r- S `� ( 8 Name: Address: C rrr W Jq 05 Name: ��..�tYt.. t'<<�� ,�,k I Name: Address: F�00 :3 rzs +� � Address: 5 Name: 10 Name: Address: Address: -)-, I �.-)) Nkvlr:l 04W�T44� `IK611y1 TzYkAJL�;,& Pl�-IV65 To t��50[c.� r �b . X- �ix.'1TI1 r v l W, v � t i � (?� 3J �L i s =3 V 06?17/09 01:31P24 laT�3 -iffice cif kirk c davis 2062603635 4 LAW OFFICES OF KIRK C. DAVIS, PLLC FAX COVER SHEET To: Neil Watts Fax No.: (425) 430-72.31 From: Kirk Davis Phone: (206) 684-9339 Date: June 17, 2009 Re: Diane Miller Number of Pages including Cover: 4 Message: Attached please find my request for a continuance and declaration of Raymond Ejarque. IMPORTANT: The information contained in this fax is confidential attorney work product and may be privileged from disclosure under the attorney -client privilege. The information is intended only for the named addressee, If you are not the intended recipient or making delivery to the intended recipient, please note that any use, distribution or copying of this fax is strictly prohibited. Inadvertent delivery does not waive our privilege against disclosure. If you have received this fax in error, please do not read it and immediately notify us by a collect telephone call to (206) 684-9339, and mail the original to us at the address below. Thank you. LAW OFFICES OF KIRK C. DAVIS, PLLC 1001 Fourth Avenue, Suite 3200 Seattle, Washington 98154 Phone: (206) 684-9339 Fax; (206) 260-3685 06!17/09 01:31F'11 law office of kirk r_ rlavis 20F,2603685 LAW OFFICE OF KIRK C. DAVIS PLLC 1001 Fourth Avenue, Suite 3200 Seattle, WA 98154 TEL (206) 684-9339 FAX (206) 260-3685 .June 17, 2009 Neil Watts Development Services Director Renton City Hall 1055 S. Grady Way Renton, WA 98057 Via facsimile (425) 430-7218 Re. Diane Miller Case No.: SR08-0350, OTC C09-0279 Complaint for Unfit Dwelling, RMC 1-3-5 Dear Mr. Watts: I have just been retained to represent Diane Miller in the above referenced matter which is currently set for a hearing tomorrow, June 18, 2009 at 1:00 pm. We regeust a continuance to be able to properly prepare a defense. Attached please find a declaration of Raymond Ejarque which sets forth his efforts to contact the City about this matter. Very truly Yaq.Cs, . 1€ Kirk C. Davis KCD/lkr Kirk C. Davis Dir Tel: (206) 684-9339 Dir Fax: (2W) 260-3685 kirk@kirkcdavis.com www.kirkcdavis.com IIM28 ADMITTED IN Washington 06/17/09 01:31PI•I law office of }:irk c davis 206260368� p.0�-' 2 3 4 5 6 7 8. 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 BEFORE THE DEVELOPMENT SERVICES DIRECTOR FOR THE CITY OF RENTON CITY OF RENTON, Plaintiff, vs. DIANE E. MILLER, Defendant. No. SR08-0350 OTC C09-0279 DECLARATION OF RAYMOND EJARQUE The undersigned declares under penalty of perjury under the laws of the State of Washington, that the following is true and correct: that he is now and at all times herein mentioned, a citizen of the United States and a resident of the State of Washington, over the age of eighteen, and is competent to be a witness herein. 1. I make this declaration based upon my oven personal knowledge. 2. I am an attorney licensed to practice in the State of Washington. My office is located at 1001 Fourth Avenue, Ste. 3200, Seattle, WA 98154. 3. 1 previously represented Diane Miller in a criminal case brought against her by the City of Renton. The Renton Municipal Court dismissed the case as the City failed to go DECLARATION OF RAYMOND EJARQUE - 1 Law Office of Kirk C. Davis, PLLC. 1001 Fourih Ave- Suite 32M Seattle, WA 98154 Tel: (206) 684-9339 I'm: (206) 260-3685 06/17/09 01:31PM law office of kirk c. dauis 2062603685 p.04 1 2 3 4 5 6 7 8 9 101 11 12 13 141 15 16 17 18 19 20 21 22 23 1 tlu'ough the voluntary correction process. 4. On April 30, 2009, I faxed a letter to Marilyn Kamcheff in response to the City's "Order to Correct" dated April 14, 2009, In the letter, we requested clarification to comply Mth the order. 5. 1 also called Ms. Kamcheff several tunes and left her several voice mail messages. She has not responded to any of the messages. 6. 1 spoke to Shawn Arthur, an assistant city attorney, who handled the criminal case, and he told me he would pass the letter on to an attorney in the civil division who was handling the civil case. 7. I have received no response from anyone at the City of Renton to my letter or my voice mail messages. DATED at Seattle, Washington this 17th day of June, 2009. Raymond Ejarque DECLARATION OF RAYMOND EJARQUE - 2 Law Office of Kirk C. Davis, PLLC. 106E Fourth Ave-, Suite 3200 Sealtle, WA 98154 Tel: (206) 684-9339 Fax: (206) 260-3685 1 3 4 6 7 8 9 10 II 12 13 14 15 16 17 18' 19 20 21 22 23 CITY OF RENTON RECEIVED JUN 26 2009 BUILDING DIVISION BEFORE TI IL' DFVF1.OPi1vrENT SERVICES DIRECTOR FOR THE CITY OF RENTON CITY OF RE -I ION. Plaintiff. vs. DIANE E. MILLER, Defendant. No, SROS-O 150 OTC C09-0279 } MOTION TO DISMISS COMPLAINT } } } MOTION Comes now the defendant. by and througlI her Counsel ofrecord.. Kirk C. Davis. and moves to dismiss the above entitled complaint due to defects in the pleadings and evidence. ARGUMENT .A. ()"h- culntitled e r•icl07Ce .t•horrlt/ he consiclerecl by the lrier r�/ firc 1. It is a fundamental tenent of the American judicial systen7 that only admitted evidence will be considered, Evidence not admitted into a proceeding is not to be used to rnAc Ifndin'-a of fact or used to base conclusions of law. MOTION TO DISMISS CO I)LAIN V - I Law Office of Kirk C. Davis, PLLC. Iut71 fourth Ave ti;zik 32110 Sean le. Lk A 481;1 f of j2(16} 68J-9,') f ux 1 2 3 4 5 6 7 K 9 10 11 12 13 14 15 16 17 18 19 20 21 T) 23 It is error to consider evidence that the c"111 either has nut admitted or has stricken. ,Stair ►•. Balisok, 1 2 3 Wn,2d 114, 118, 866 11.2d 63 I i 1994). The fact tinder may not consider evidencc II that was not admitted in court. ,Sure v. Brou-n, 139 Wn.2d 20. 24. 98; P,2d 608 (1999), In civil.jury trial, the jurors are instructed as f`ollorvs: The evidence that YOU are to consider during your deliberations consists of the testimony that yo�z have heard from witnesses Iand the exhibits that I have admittedI during the trial. Ifevidence «-as not admitted or was stricken from the record, then you are not to consider it in reaching your verdict. I WPI 1.02. fhe Director should not consider any evidence not admitted into evidence. Therefore. I Exhibit 1 which was marked but never admitted into evidence is not to be considered as evidence. As Exhibit I was not properly admitted. there ryas no evidence to shor-v the complaint was personally served as required by RMC 1-3-5(D). Tile only evidence the Director had in the C'ity's case in chief was sworn testimony. However, that testimony is also improper and the action should therefore he dismissed. B. Cloths must be to cac.h w•itne.v.ss inditi iduallt•, Hearings before the Director -shall be governed by the civil rules of superior court for the state of Washington." Renton Municipal Code (RMC) 1-3-5(F)(2), The oaths ot'witnesses "shall be administered to each witness individually." CR 43(b), The problems with administering the oath en manse, besides the violation of the code, is that it is impossible to tetl if the individual witness was in the hearing room at the time of the administration of the oath or to know whether or not the individual witness acknowledged the oath. MOTION TO DISMISS COMPLAINT PLAINT - 2 La.,,- Office Of Kirk C. Davis, PLLC. 11101 11111rth Ave. S[:rlr i?Ili� Seat] lt�, 'A A 99 154 1 C1 (2063 hX4.9;3%) i-ax QIIN 260-3685 i 3 4 5 6 7 8 9 10 11 12 13 14i 15 16 17 18 19 20 21 22 ?3 In this administrative hearing, the �kitncm s %%ere not individualI% sworn. htstead. the witnesses "ere put under oath on masse. I'h.is procedure violated the Renton Muncipal Code. As, a result, none of the tcstitnony taken at the hearing -,vas admissible. C. The ('omj)Iuiia filed hy, the City- Wezv defective as it Jailed to uclegateh! nofih,ihe cdefendanf of ivhich definition of unfit huihlhn,Q - anus heir g pur.stied by the City. A statute is void for vagueness if it is named in terms so vague that persons of common intelligence must necessarily guess at its meaning and differ as to its application. tlrrley > , ,Vedieal Discij?linarr Bti., 117 Wn.2d 720, 719. 818 P.2d 106" (1991). The purpose of the vagueness doctrine is to ensure chat citizens receive fair notice as to what conduct is proscribed and to prevent the law from being arbitrarily enforced. Id. at 739-40. The prohibition against vague laws is not absolute. Some measure of vagueness is inherent in the use of language- Id. crt 740. The court should not analyze portions of a statute in isolation from the context in which they appear. N at 741. If a statute can he interpreted to have the required degree of specificity as it kvhole, then it can withstand a vagueness challenge despite its use of a term which has no determinate meaning when considered in isolation. hl. The Complaint issued to Ms. Miller is incomprehensible and reflects the ambiguity and vagueness of the Renton Municipal Code. On page one of the Complaint, reterence is made to an "unfit building" as defined in RMC 1-3-5, RMC 1-3-5 does contain a definition of an unfit building. in 1-3-5(F)(3 ). However, on page t%vo of the Complaint, it is alleged Ms. Miller was in violation of the RMC "1-3-5 as defined h} 1- 3-4(l 1)(c)(22)." RMC 1-3-4(i I)(c)(22) contains an entirely different definition of an "unlit building" from RMC inclusion of two diticrent definitions made it impossible tar a person of ordinary understanding to MOTION TO DISMISS COMPLAINT - 3 Law Office of Kirk C, Davis, PLLC. FU i ourth Ave,. Suite _32UI1 Ne irtSle- %� A 981 ?a "I el (206) 684-9339 Fax: (706) 260-368i 1 2 Y 4 5 6 7 S 9 ]0 ]1 12 1}i 14 15 16 17 is 19 20 21 22 23 comprehend the intended definition of"an "unfit building-' or to be ably to delcnd against such 11 charge. After restino their case, the City- moved to amend the Complaint to conform to the evidence. However, the City did not indicate which definition it xanted to use or how it was amending the Complaint_ Therefore. it was impossible to defend mains the charge. The Complaint failed to state a claim upon which relief could be granted and the ordinance is void for vagueness- D. !I frjur tl uq it, the building shoidd he orclerc;cl repaii-ea. RMC 1-3-5(13)(2) sets forth standards for the Director to use in determining whether a building found to be unfit should be repaired, vacated or demolished. The City presented no argument regarding which of these options should be applied. Although the City argued the building was unfit, it did not present evidence as to why it should be demolished pursuant to RMC 1-3-5(13)(2). Robin Miller presented evidence that he was in the process of repairing the structure and believes it to be emininctly reperable over time. This evidence was not controverted by the. City. Therefore. even if the Director were to find the building "unfit' the proper remedy is to order repair and not demolition. The Millers Relieved they were properly repairing the structure as allowed by RMC 4- 10-050(A)(5)(c)_ By not allowing the .Ntillers to repair their home as authorized by the Renton Muncipal Code. the City violated their due process rights under the United States Constitution and the Washington State Constitution. MOTION TO DISMISS COMPLAINT - 4 Law Office of Kirk C. Davis, PLLC. ini)I FUGrh A%c . SLnle .l_'n(� Scattic. NVA 99114 TO Q06)694-93391-ax l2061266-3685 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 I: The Citt diet nen folimt fhe .state .VW111(e. The City's authority to regulate buildings and structures conics from RCW 35.80.030. RCV1' 35.80.030(3) sets for the procedure; for declaring a building "until." Nowhcre in R('W )5.80.0 300) does one find a procedure for issuance o1_an Order to Correct prior to the issuance of a Complaint. However, the City issued an Order to Correct requiring repair or demolition within 30 clays of'issuance- As this procedure is not authorized by state statute. it is invalid. The issuance of the Order merely served to confuse Diane Miller. The City's witness. Ms. Kamcheff: testified she did indeed received phone calls and letters from Ms. Miller's previous attorney asking, for clarification regarding the Order. Instead of a response. Ms. Kamchcff chose to ignore the repeated requests for additional information because she deemed the Order Sufficiently clear. F They search warrant issued tosearch the premises wus defective as they criminid ordinance is void. fete vaglu rx s,%. In its case in chief'. the City referenced a search warrant issued by the Renton Municipal ICourt. However. that search warrant was invalid because the ordiance upon which the warrant was issued Alas vivid for vagueness. {A] statute is void for vagueness if it 'does not define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prescribed.' or if it 'does not provide ascertainable standards of guilt to protect against arbitrary enforcement......' .State v. Thorne, 129 Wn.2d 736, 770. 921 P,2d 514 (19961. quoting ,Swic v /vles, 127 Wn?d 807. 812, 903 P,2d 979 (1995). A vagueness challenge seeks to vindicate two principles of due process- the need to define prohibited conduct +viih sufficient specificity to put citizen's on notice MOTION I'() DISMISS COMPLAINT - 5 Law Office of Kirk C. Davis, PLLC. 1001 1 ourth Ave , Su[tc 32(10 Seattle. WA 98154 Tel Q06)684-93',(j Fa, (2061260-3685 1 2 3 4 5 6 7 9 9 ] [1 11 12 13 14 15 16 17 18 19 20 21 22 of what conduct they must avoid, and a need to prc%ent arbitrary and discriminatory lawn enforcement. A statute is void for vagueness if it is framed in terms so vague that per:5ons of common intellirencc m�.rst necessarik guess at its meaning and differ as to its applicability. State v. Lee. 135 Wn?d 369. �93. 957 P.2d /41 (1998). Renton Municipal Code (R:11(') 1-3-3(C) makes it unlawful for an,,owner of real propertyto allow a "public nuisance" upon the property. Furthermore. "any person guilty of a public nuisance shall be guilty of a misdemeanor." XVC 1-3-.5(C ). I fow�ever, the Renton Municipal Code does riot define a "public nuisance'-, so it is impossible for an ordinary person to comprehend prohibited conduct. The RMC does provide a definition of "nuisance" and does provide a definition ofwhat does not constitute a "public nuisance." RMC 1-3-3{R1 I-loww,ever. nowhere in RMC Chapter 1- 3 can one find a definition of what does constitute a "public nuisance." There is a distinction between a private nuisance and a public nuisance under state law. A public nuisance is one which affects equally the rights of ail entire community or neighborhood, although the extent of the damage may be unequal. RC IV ',48.130. The enumerated public nuisances do not. for example, include all violations of regulations, or rules unlike the R:11C. RC'W 7 Instead, public nuisances under state law include dangerous conditions like manufacturing nitroglycerine. R(W `.48.140N ). As the prohibited conduct is not defined with sufficient speeifcity to put citizens on notice of what conduct they must avoid, and the ordinance leaves open the possibility of arbitrary and discriminatory law enforcement, the ordinance is void for vagueness. ,5lule r. Lee, 135 Wn.2d 369, 393, 957 P.2d 741 (1998). The City may not classify something as a "nuisance" MOTION TO DISMISS COMPLAINT .6 Law Office of Kirk C. Davis, PLLC. 1001 hmah Act . ' owlc 3200 Scathe, WA 98154 Tel (206) 681.9314 F'as (206) 260•1685 2 h 4 5 6 7 8 9 10 11 12 13 14 1; 16 17 20 21 22 3 unIcss it really is a "lluisartce and the sank principle applies to �[ "public 111l3sattce• 0T0711.00d V. fInc.. 51 Wn-2d 18, I 15 11.2d -19 7). Further adding to the vagueness of the ordinance is its lack of n7ens rea. Strict liability crimes are disfavored. .';1uh v. Bash. 130 Wn.2d 534. 606 (1996). Even if the court were to read into the ordinance a knowledge element in an attempt to preserve the constitutionality of the statute. that does not cure it of being void for vagueness. 5Ifve v, Williams. 144 Wn-2d 197, 204, 26 P.3d 890 (2001)• G. CO.VC'1- uslox As there was essentially no evidence admitted in the City's ease in chief; the action must be dismissed. As the Complaint and ordinance are vague, the action must be dismissed. Even if the Director were to find, without evidence, the structure was unfit, the remedy is repair and not demolition. Hie Cite violated state statute in its procedures and any evidence batted upon a defective warrant must be stricken. Respectfully subinitted this 261" day. of,func. 2009. MOI ION TO DISMISS COMPLAINT - 7 LAW OFFICE OF KIRK C. DAVIS, PLI_C Kirk C. Davis. WSBA421461 Attorney for Defendant Law Office of Kirk C. Davis, PLLC. i GO Fourth Arc:. Suite 321jft Scauk- A 48[54 '[c! 12f1GY(�&1-1�:4}:tx (206)260-3685 DWE AUGUST 2 1 -:-;:2006 PROPERTY TAX PARCEL HAND DI=LIVERED--- REGULAR ANO CERTI'FlEb MAIL"' RECEIPT # 7006:2,15Q.0060::Q337 0606 POSTED ON PROPE4W 08/21/08 ROBIN D. MILLER 1814 SE 21s" PL RENTON, WA 98055 SA08-0350 OTC C0$-0183 ::l 6865 125-TH AVE"SE, RENTON. WA. THE _CITY OF RENTON HAS DETERMINED THE DWELLING, BUILDING AND STRUCTURE LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER '43"240bl35,AN D WHOSE COMMON ADDRESS IS 16855 125TH AVE SE, RENTON, VI TA, I , S..AN"UNFIT BUILDING" AS SET FORTH IN RENTON MUNICIPAL CODE SEC.-TION UNFIT bW EIL Llf4GS IN-'-.TH�--� . CITY,- : OF RENTON THAT ARE UNFIT FOR HUMAN NFIT--- :`HABITATIOI Alb.OUILDIN . GS,'AND STRUCTURES THAT ARE UNFIT FOR OTHER USE$ DUE TO DiLAp.ib�ATIO�',-�'--DIS'�EPAIR, STRUCTURAL DEFECTS, DEFECTS INCREASINGtHIE HAZA. RDS - &,:F'IRE--,: : ACCIDENTS IDENTS OR OTHER CALAMITIES, INADEQUATE VENTILATION, IWE'd bAT.-r"LIGHT OR SANITARY FACILITIES, INADEQUATt-�ORAJNAGF,�"'OVrz'*'RC.R�6YVI)iNG, OR DUE TO OTHER CONDITIONS THAT ARE INIMICAL-70.' :tHE:H'EA H'AN%D' WELFARE OF. THE RESIDENTS OF THE CITY OF RENTON, IT IS FUkTH ER�THEPURPOSE,`Of, THIS SECTION OF THE RENTON MUNICIPAL CODE TO PROVIDE A MEANS' O'F DEMOLISHING STRUCTURES HEAVILY DAMAGED BYPIRE,W, EA-4rHER,:-tARTH MOVEMENT OR OTHER CAUSES, WHICH HAVE :OEC-N ALL ' 6 WLb:--.TO.:-'8fT-'IN THE DAMAGED CONDITIONS WITHOUT REPAIR FOR AN EXTENDED FtRI0b%0FjIME AS SET FORTH IN' "t-HIS ORDINANCE. CITY OF RENTON BUILDING CODE COMPLIANCE INSPECTORS INSp-ECTED THE DWELLING, BUILDING AND STRUCTURE AT 1665; .'l 2.5TH '-�AVlt SE," R.NT-b'N WA. AND�FOUND * THIS DWELLING, BUILDING AND STRUG'.TU'kElS UNFIT, SUI§STANDAM, -BOARDED-LIP AND UNFIT FOR USE As -A. )NO, IN THAT IT LACKEb THE CbM.PoNFNTS OF A LIVABLE DWELLING, A14D -tHJAT It IS UNFIT FOR USE ,.AS A:: DWELLING, BUILDING OR STRUCTURE, IN THAT IT HAD THE FOLLOWING.-.CONPI-TIQNS. N 0$ AN) TAAY SERVICE', 2) NO WATER SEAVICF- 3) NO ELECTRJ16AL SERVICE' 4) SEVERt:R6oF DAMAGt'ANb/6R DISREPAIR OR DILAPIDATION WITH OBVIOUS DRY. ROT...:`.,. THE CITY OF RENTON Pk0-V40E':D.YM A W.'R1tTEN.0RDER TO CORRECT ON MARCH 18, 2008, ADVISING YOU --THIS`-DWELLING,BUILDING AND STRUCTURE WAS IN VIOLATION OF RENTON MUNIC-iPAL GbDE 1'�S-fs,'As "' DEFINED BY 1-3-4 11 C.22. THE COMPLIANCE DATE. ON Y-0tjR-ORDER-`TQ,0ORRECT WAS JULY 15, 2008. AFTER WAITING FOR YOU OR YOUR REPRESEN-tATiVE,-'TO"C:AONT--"'i---�T T".1-ItC.ITY OF RENTON OR FOR YOU TO CORRECT THE VIOLATIONS .SIN A MAkNER APPROVED IN THE APPLICABLE CODES, YOU HAVE FAILS TO. OPTAlk--- ............ PERMITS AND/OR TO CORRECT THE DESCRIBED VIOLATIONS.;—' c RECTIVE ACTION: THE UNF IT DWELLING, BUILDING AND STRUCTURE SHALL BE ABATED BY REPAIR REHABILITATION, OR DEMOLITION AND REMOVAL. YOU- 011 YOUR, LIC 'ENSED CONTRACTOR MUST OBTAIN PERMITS FROM THE : CIT Y -Y Ot R9N'f6N TO.REPAI-R-THE VIOLATIONS THAT RENDER THE DWELLING, BUILD -IN STRUCTURE . E AT 16855 125 TH AVE SE, RENTON, WA, UNFIT. AFTER T,14E RtPAIRSOR REFIT BiLITATION HAVE BEEN COMPLETED, CONTACT THE dtty : -OF NTOIM�--'T0.,AR"NGE':�Ok.4iNSPECTIONS. DO NOT COVER ANY OF THE REPAIRS,80 THAT T'H..'E 130'!Wk('INSPECTORS MAY VIEW THE. COMPLETED:-R&AIRt. tN THE" EVENT -:THAT FURTHER CORRECTIONS ARE REQUIRED, THOSE.-bORRECT"104" MUST BE COMPLETED, INSPECTED AND APPROVED PRIOR Tp...,.-THE.-REPAIR'ED..-:AREA8 -BEING COVERED, OR. OBTAIN A DEMOLITION PER MlT,FR0M-.-THF_`-CI-TY O.F.-R-ENTON FOR THE REMOVAL OF THE DWELLING, 6 ' IJIL-'DI;hG..ANb::ST"RUCTbRE AND SUBSEQUENT RESTORATION OF THE PROPERTY BY G"PI NG 6R F'ILL.-" FEES AND jgMTS TO BE PAID KYPROPjgRT'y OwblgK.._"_:"' AS PERMITTED BY RMC 1-3-51.1, 2, 3,4, AND 1..:: ACTUAL COSTS AND EXPENSES WILL BE ASSESSEb W A6cORD WITH THE PRQ\/fSi()NS OF THIS SECTION, INCLUDINd..THF,,--'CQST OF = REPAIRS, ALTERATIONS, IMPROVEMENTS, VACATING AND CLOSING, REMOVAL -AND/OR DEMOLITION. ACTUAL COSTS SHALL INCLUDE THE F $TAFF TIME, INCLUDING OVERHEAD, CONTRACTED ENGfN0ERTNG..:0E9S 0 k-CONSULTANTS' FEES, RELOCATION AssisTAN'dE.-PAYMENTS -INCLU DING INTEREST AND PENALTIES, AND ANY . ATTO*EYS*E�S IN'CUk'RED IN HAVING THE DWELLING, BUILDI G-,6R.$TPUCTU'A'E.-.-'DECLARED UNFIT, IN ANY HEARING SEFORE'THE' DlkE0-TQR OR kEAAINji3 EXAMINER, OR IN SUPERIOR COURT OBTAINING A$YW'AR"'RANT FOR`ENTRY OR ORDER OF ABATEMENT. . 2. THE COSTS OF ABATEME .j4T;REPAlR, ALTERATION OR IMPROVEMENT, OR VACATIN53 AND cLOSING'OR REMOVAL OR DEMOLITION, WHEN BORNE 13Y THE CITY., MALL Bt AS§LSSED AGAINST THE REAL PROPERTY UPON WHICH $UGIJ COSTS WERE INCURRED AS A LIEN UNLESS PAID. .7 3. BIDS FOR DEMOLITION SHALL BE LET ONLYTO"'A LICEIrISED CONTRACTOR. THE CONTRACT DOCUMENTS SHALL PROWDE THAT THE VALUE OF THE MATERIALS AND OTHER SALVAGJ ,QF THE;' 3. PROPERTY SHALL BE CREDITED AGAINST THE COSTS OF THE DEMOLITION- THE CONTRACT DOCUMENTS MAY REQUIRE BIDDERS TO ESTIMATE THE SALVAGE VALUE OF THE PROPERTY AND, BY 'CLAIMING THE SALVAGE, REDUCE THE AMOUNT OF HIS BID ACCORDINGLY. SUCH BIDS MAY BE LET PRIOR TO THE TIME FOR COMPL4ANCE OR APPEAL BUT SHALL NOT BE BINDING OR ACCEPTED UNTIL THE'ORDER FOR DEMOLITION IS FINAL. THE BUILDING -OF FICIAL SHALL -fiAVE'THE AUTHORITY TO SIGN THE CONTRACT ON E0_HAL'F--,b:F.T 'HEbITlr. 4. t-..HtiRE:SHALL'BE..Q,14APGEDi" G NST THE OWNER AND ASSESSED AGMNSTHEPR005RTY 6F XNY'BOARDED-UP BUILDING AN ANNUAL INSPECTION FlkE OF"$25G."'00' .:'%SUCH FEE SHALL BE PAYABLE AT THE TIME THE.-AUILDING BECbMEIS A BOARDED -UP BUILDING. THE HEARING' EXAMINER OR DIRECTOWS11ALL 014�R A REFUND OF THE- PROPORTIO . NAL,.-AM0'UNT NOT DUE IFTHE WILDING IS REOCCUPIED OR DEMOLISHED.-.4 SUBSE ' 0 Vt w XNNIJAL-.-PEtS SHALL BE PAYABLE ON OR BEFORE THE TIME THE ORE6EbIlkG Ai ii NNUAL FEE HAS BEEN ,:EXHAUSTED. 5.. IN ADDITION TO ACTUAL ABACOSTS, TtE M F LLO WINlb ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER; A. WHERE ABATEMENT IS ACCOMPLISHEDI"PRIOR TO DIRECTOR HEAR-ING-:4300.00- PROVIDED, THE BUILDINOL; HEARING-: I OFFICIAL MAY WAIVE TiHESE FEES IF ABATEMENT IS COMPLETE 48 HO)JIlt PRIOR TO A ,,01RECTOR HEARING; B. WHERE, iR EMENT IS ACCOMPLISHED SUBSEQUENT TO OR LtSS T RAN 48 F OYRS`.PRIOR TO A DIRECTOR HEARING: $1,500; C. WHtRE-ABATEME T-1:18 ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER ANDBUILDING OFFICIAL' DIRECTOR, OR HEARING EXAMINER: i03l,oab; D. WHERE THE ABATEMRNIT IS ACCOMPLISHED "BY THE CITY FOLLOWING HEARING OR DE UL.T 0 THE�PROPERTY OWNER, $3,000, HEARING: ...:.7'AN'APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH Y DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS, FOR THURSDAY. SEOTbAbER 11, 2008, AT 1 P.M. THE HEARING WILL TAKE PLACE IN THE :.4,66UNCIL CHAMBERS ON THE SEVENTH FLOOR OF RENTON CITY HALL, .:: LOCATED AT 1056 S GRADY WAY, RENTON, WA. ALL PARTIES IN INTEREST RIGHTTO FILE AN ANSWER TO THIS COMPLAINT AND TO SGIVEN Tkf, AP . PEAR IN `-0ERSQN . 0R,:O-fHERVVISE GIVE TESTIMONY AT THE TIME AND .-PLACt FIXED , AERENAbo"VE"IN THI,&POMPLAINT. ANY ANSWER TO THIS COMPLAINT $1-1001-61211E FILtD,WiTH; NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTO.�'I GH:'�S.-"'6"kADY WAY, RENTON, WA 98057-3232. .. _.ftY .. AL-L,'lG55.. I .. TELEPHONE NUMBER:425430-7218:',--- J A BY;,,._ UILDING OFFICIAL DATE-,, TIME 'CARRY A. MECKING COPIES. MAILED TO: KING COUNTY DEPARTMENT 0 F D It' V.Fk6 P M" ENT ANDS ENVIRONMENTAL .SERVICES ATTN:...PIEDkE ANORUS 900 OAKESDALEAVE SIB ,..." RENTON, WA`98666-1214' CERTIFIED MAIL RECEIPT #7006 2150 0000:039'7 0.651:-;" DEPT. OF RECORDS AND ELECTIONS COUNTY AUDITOR CHERYLE A. BROOM 516 THIRD AVE N ROOM N-1033 SEATTLE, WA- 98101 CERTIFIED MAIL RECEIPT #7006 2150 0000 0337 0668 SR08-0350 C09-0279 NARRATIVE FOR COMPLAINT FOR UNFIT DWELLINGS, BUILDINGS AND STRUCTURES, RMC 1-3-5 VIOLATOR: Miller, Diane E. VIOLATION 16855 1251h Ave SE ADDRESS: Renton, WA PARCEL #: 1432400135 OWNER 1814 SE 215t PL ADDRESS: Renton, WA 98055 SUPPORTING Section 1: DOCUMENTS: Service Request: SR08-0350 Order to Correct: C09-0279 Delivery Confirmation #: 0300 1290 0008 1608 2486 Receipt & Acknowledgement Declaration of Service of Order to Correct Archive Photos — Exterior - 2008 Archive Photos — Interior - 2008 2009 Photos — April 14, 2009 May 26, 2009 Letters From: Lawyer Raymond W. Ejarque Section 2- Current Fee Charges Complaint For Unfit Dwellings, Buildings & Structures Declaration of Service Officer .Tames Gould Declaration of Service: Posted on House — 5/26/09 by Donna Locher, 10:21 A.M. Mailed to Diane E. Miller Certified Mail Delivery Receipt # 7008 1300 0000 4988 7858 Delivery Confirmation Receipt # 0300 1290 0008 1608 1625 Mailed to Robin D. Miller Certified Mail Delivery Receipt # 7008 1300 0000 4988 7872 Delivery Confirmation Receipt # 1 0300 1290 0008 1608 1632 Receipts & Acknowledgements for Certified Mail Delivery and Delivery Confirmation letters Certified Mail Receipt: Mailed to: Receipt & Acknowledgement Certified Mail Receipt Receipt & Acknowledgement 7008 1300 0000 4988 7889 Dept. of King County Dept. of Records 7008 1300 0000 4988 7865 Mailed to King County Dept. of Development & Environmental Cover Letter to Parties of Record attached to Complaint for Unfit Building. The following were notified via First Class mail: Stephen Perkins 17103 125th Ave SE Renton, WA. 98058 Gary & Donna Palmer 17104 125th Ave SE Renton, WA. 98058 George Runne 16835 125th Ave SE Renton, WA. 98058 Patricia Schmidt 17309 125th Ave SE Renton, WA. 98058 Notice of Public Hearing Photos Taken 6/04/09 Section 3• King County Real Estate Tax Property Report Warranty Fulfillment Deed Renton Parcel Map Renton Utility Billing Record 2 Section 4- Documents/Robin D. Miller Citation Index C08-0182 Renton Municipal Court Docket, CR0047955 & CR0039568 King County Code Enforcement File RMC VIOLATION: 1-3-5, as Defined by 1-3-4 A 11 c 22: Unfit Dwellings are defined in Renton Municipal Code 1-3-4 A 11 c 22 as "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupancy, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days." A complaint concerning an unfit building at 16855 1251h Ave SE, parcel # 1432400135, was received on March 05, 2008. Service request SR 08-0350 was generated and assigned to Inspector Marilyn Kamcheff who made an on site inspection on March 11, 2008. This inspection confirmed that the building on the property is not fit for occupancy and has been abandoned or unoccupied by lawful tenants for a period of 90 days. I observed the house on the property addressed at 16855 125`h Avenue SE, parcel Number 1432400135, to be in a state of disrepair. There were shingles missing from the roof, rotted fabric tacked on the roof with wood strips, there was green frayed material secured along the roofline covering the gutter area with exposed roof beams that had obvious dry rot. There were two front windows boarded -up with plywood. The wall between the boarded windows was sagging. A review of the files regarding this property found the following: This property was annexed into the City of Renton on March 1, 2008. King County Department of Development and Environmental Services had served this property owner with complaints for "Hazard -Vacant Home Open to Entry, An Accumulation of Inoperable Vehicles Throughout Property. This file is in Section 4 of this report. My report follows: On April 14, 2009,1 revisited the Miller property and noted that the unfit building had not been improved, or changed. Pictures were taken at the time of the site inspection. These pictures show that there were shingles missing from the roof, rotted fabric tacked on the roof with wood strips, there was green frayed material secured along the roofline covering the gutter area with exposed roof beams that had obvious dry rot. There were two front windows boarded -up with plywood. The wall between the boarded windows was sagging. Vines have grown up through the gutters and what appears to be vines are extending out of the roof area. A check of King County records listed the property owner as Robin D. Miller. Further investigation revealed that Diane E. Miller was also listed as property owner. An Order to Correct, C09-0279 was sent to Mrs. Diane E. Miller April 14, 2009, advising her of the unfit building and the corrective action as required under Renton Municipal Code 1-3-5. The property owner was allowed four (4) weeks to comply, until May 15, 2009. This Order to Correct was sent USPO Delivery Confirmation service, # 0300 1290 0008 1608 2486. A check of the Track and Confirm computer system offered on line by the USPO, noted that the Order to Correct was delivered to the mailing address of 1814 SE 21" PL, Renton, WA, at 2:37 P.M. on April 15, 2009. May 01, 2009: A letter from the law offices of Raymond W. Ejarque was received. Along with this faxed letter was a letter dated April 24, 2009. Both letters were received for the first time on May 1, 2009. No response was generated for these letters. May 18, 2009: An on site inspection of the property was conducted. The unfit building with frayed tarps on the roof, shingles missing, vines growing through the gutters and roof, windows boarded up and walls sagging was the same condition that was observed on April 14, 2009. A Complaint for Unfit Dwellings, Buildings and Structures document was prepared and forwarded to the City attorney for review. Once reviewed and approved by the City attorney the complaint was sent on May 26, 2009, to Diane E. Miller, Certified Mail, receipt # 7008 1300 0000 4988 7858. Confirmed delivery at 2:16 P.M. on May 27, 2009, via USPS computer Track & Confirm system. This document was also sent Delivery Confirmation, receipt # 0300 1290 0008 1608 1625. Confirmed delivery at 2:15 P.M. on May 27, 2009, via USPS computer Track & Confirm system. The complaint was also sent to Robin D. Miller, Certified Mail, receipt # 7008 1300 0000 4988 7872. Confirmed delivery at 2:16 P.M. on May 27, 2009, via USPS computer Track & Confirm system. This document was also sent to Robin D. Miller, Delivery Confirmation, receipt # 0300 1290 0008 1608 1632. Confirmed delivery at 2:15 P.M. on May 27, 2009, via USPS computer Track & Confirm system. Additional copies were sent to King County Records Auditor, certified mail receipt # 7008 1300 0000 4988 7889. Confirmed delivery at 9:55 A.M. on May 27, 2009, via USPS computer Track & Confirm system; King County Department of Development and Environmental Services, certified mail receipt # 7008 1300 0000 4988 7865. Confirmed delivery at 2:14 P.M. on May 27, 2009, via USPS computer Track & Confirm system. An additional copy was routed to the City of Renton Police Department to be served to Mrs. Diane E. Miller. A Declaration of Service was prepared and completed for these transactions. 4 Police Officer James Gould served the complaint on May 28, 2009, at 4 P.M. (1600 Hours) by leaving a copy of the complaint with Mr. Robin D. Miller. The Complaint for Unfit Dwellings, Buildings and Structures, was posted at the property on May 26, 2009, at l 0:21 AM. by Code Compliance Inspector Donna Locher. No further contact has been made with Mrs. Diane E. Miller. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. signed on Renton, Washington (Insp or's Signature) 5 Service Request: SR08-0350 Inspector: Marilyn Kamcheff SR Opened: 03/05/2008 Next Contact With Requestor: Address I Location of Inquiry: 16855 125TH AVE SE REN Description: House is "quite a dump." Vacant "for many years." Roof falling in. Tagged trailer. Downed trees. Rats on property. Existing issue with King County Code Enforcement, ref# E07-00024 Requesting callback re: What can be done on this issue? 12/8/08 - Same Requestor - New Request Sometime over the weekend someone 'tagged' the house. Graffiti Owner Information Name: MILLER ROBIN D Address: 1814 SE 21 ST PL RENTON WA Phonel : 425-271-0959 Email: VWyAor information Fteguestor infomuMon Name: ROBIN D. MILLER Name: STEVE PERKINS Compny:1814 SE 21ST PL Compny: Address: RENTON WA 98055 Address: Phonel : 425-271-0959 Phonel : 425-226-8448 Email: Email: Date: April 14, 2009 Location of Violation: Owner(tax-payer) Issued To: Address: ORDER TO CORRECT 16955 125TH AVE SE DIANE E MILLER DIANE E MILLER 1814 SE 21ST PL RENTON WA 99055 Service Request No. SR08-0350 Violation Index No. C09-0279 An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 05/15/2009. If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a $1000.00 monetary fine. CODE SECTION CITED: DATE OF INVESTIGATION: DESCRIPTION OF VIOLATION CORRECTIVE ACTION: Delivery Confirmation # 0300 1290 00081608 2486 Renton Municipal Code 1-3-5 03/11/2008 Unfit Building The building official has determined that the dwelling located at 16855 125th Ave SE, Renton, Washington, King County parcel number 2432400135 is unfit for use as a dwelling. The structure does not contain the necessary elements of a dwelling unit, that are separate living quarters with cooking, sleeping and sanitary facilities The Development Services Director has ordered the dwelling to be repaired. The City of Renton has adopted regulations governing Unfit Dwellings. Unfit Dwellings are defined in Renton Municipal Code i-3-4 A ii c 22 as "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days." Within thirty (30) days you are required to submit approved building plans for the repair of the dwelling unit. Within ninety (90) days from the date the plans are approved, construction and the required inspections shall be completed and approved. Or apply for a demolition permit to remove the structure. In the event you do not comply with the time periods described above or the unfit building cannot be repaired so that it no longer exist in violation, the dwelling unit shall be demolished. In the event the City of Renton completes the abatement of the unfit dwelling actually costs will be incurred. Those costs shall be assessed against the real property upon which such costs were incurred as a lien unless paid. An explanation of the cost is as follows: Costs: 1. Actual costs and expenses will be assessed in accord with the provisions of this section, including the cost of repairs, alterations, improvements, vacating and closing, removal, and/or demolition. Actual costs shall include the costs of staff time, including overhead, contracted engineering fees or consultants' fees, relocation assistance payments including interest and penalties, and any attorney's fees incurred in having the dwelling, building or structure declared unfit, in any hearing before the director or hearing examiner, or in Superior Court obtaining any warrant for entry or order of abatement. 2. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the City, shall be assessed against the real property upon which such costs were incurred as a lien unless paid. 3. Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. Such bids may be let prior to the time for compliance or appeal but shall not be binding or accepted until the order for demolition is final. The building official shall have the authority to sign the contract on behalf of the City. 4. There shall be charged against the owner and assessed against the property of any boarded -up building an annual inspection fee of $250.00. Such fee shall be payable at the time the building becomes a boarded -up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the time the preceding annual fee has been exhausted. S. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner: a. Where abatement is accomplished prior to director hearing: $300.00; provided, the building official may waive these fees if abatement is complete 48 hours prior to a director hearing; b. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing: $2,500; c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and building official, director, or hearing examiner: $3,000; d. Where the abatement is accomplished by the City following hearing or default of the property owner: $3,000. Issued By: Marilyn Kamcheff Code Compliance Inspector Department of Community & Economic Development Development Services Division Phone No: 425-430-7269 USPS - Track & Confirm Page 1 of 1 MWUNITEDSTATES POSTA. S %IC& Home I Hev I Sign In Track & Confirm FAQs Track & Confirm Search Results LabeUReceipt Number: 03001290 0008 1608 2486 - - - - Status: Delivered Track & Confirm Your item was delivered at 2:37 PM on April 15, 2009 in RENTON, WA Enter LabellReceipt Number. 98055. Additr wraf offails > Retura to USPS.carr flame > Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go> Site Map Contact Us Forms Gov't Services ,labs Privacy Policy Terms of Use National & Premier Accounts qW Copyright? 1999.2007 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Is IF U.S. Postal Service Delivery Confiffmation Receipt Postage and Dellvery Confirmation fees must be paid before mailing. D Article Sent To: 011111109 completed by um" r1.1 _ rr p� R zo a� 0a-� POSTAL CUSTOMER. EM 0 4 Postmark Keep this receipt. For irlquldes: Awess Here internet web site at www.Ltsps.com C or call 1-800-222.1811 r, C r-i 0 o �J' t�C ONE (POSUL USE ONLY) m IM ❑ Priority Malf El Standard Mail (B) PS Form 1$2, march 1889 ;ems Pavane) Go > http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 04/17/2009 CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, ) vs. } } Diane E MILLER, ) Defendant(s). ) NO. SR08-0350 DECLARATION OF SERVICE Marilyn Kamcheff [PRINT NAME], hereby declares under penalty of perjury pursuant to the laws of the State of Washington as follows: 1. 1 am a citizen of the United States, a resident of the State of Washington, over the age of eighteen (18) years, not a party to the above -entitled action, competent to testify to the facts set forth herein, and I make this declaration based upon my personal knowledge. 2. On April, 14, 2009, at 1:00 P.M. , I caused a copy of the following document(s): ORDER TO CORRECT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, to be served upon the defendant(s) via the method of service checked below for each recipient at the following address [PRINT NAME AND ADDRESS OF EACH RECIPIENT]: Diane E Miller, 1814 SE 21 PI, Renton, WA. 98055 X U.S. Postal Service, first class mail, postage prepaid and delivery confirmation mail, with receipt Item # 0300 1290 0008 1608 2486 Personal service by leaving a copy with the defendant(s) or a person of suitable age and discretion at the above -referenced address. Posted on Property: Other: First Class mail — re ular delivery EXECUTED at Renton [city], Washington, this 14 day of April [month], 20 09 [year]. [SIGN] De rant IFB , Wo X. Idly i 1.7 36L I f: kt S � . +� 'arc.;�j r f Y - `ram, - 4 Project: 5R08-0350 #18 - Taken 07/16108 by M. Kamcheff Photo Packet #2 'ir,� �h y� 0 EMI}Y`•, Project: 5R08-0350 #19 - 07/17/08 Taken by M. Kamcheff House posted -41 �Y,,.�rnc.wa.raon...r. r..ra.v... I I f i i �•�r..a ! � � ��1ru ban arsV.wxY W.K1 a�ea.4.m�a.w.rca..w...cY.r=.��. � '7'. f ! 3 ,I n�Wt M aAYrrae. •r L.,Y._ tir..r.1r i.e.a•f-7p �a.....�..r.a :..ri7a'"w..r». "s atGrY r -li e_a ro l` �, • � ; �� W . �� „ ; met. * y-�y -t AIL- - ``Y(l Biel' At . , r �I I � r1 . • t � yam... �i Project SR08-0350 #33 - Taken an 09/04/08 By M Kamcheff Project: SR08-0350 #34 - Taken on 09/04/08 By M Kamcheff *Del 4k. Nknth, i4+Maci.i,r AMENDED CotAPLAiNT FOR UNFIT DWELLINGS BUILDINGS AND STRUCTURES RMC 1-3•S HAND DEERED REGULAR ANDCERT;r,_,_ RECEIPT x 7 2W 0000 :3'7Uy�f POSTED ONPROP .ERTY g ROBIN D MILLER 1814 SE 2157 pL RENTON, N!A ygo55 SUBJECT SR08•C25- OTC C%$•4.�c.. SUBUECT'S -_OMN MO ADDRESS PROPERTY TAX PARCEL 1855s 1? I VE SF RENTON, 4V1A NUMBER 14324001.36 LEGAL DESCRIPTfQN LOT 27. BLOCK 1 CASCADE VISTA ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 8C OF PLATS, PAGES 33 THROUGH 35. RECORDS OF KING COUNTY. 4VASHINGT THE CITY OF RENTON HAS D ON LOCATED ON KING COUNTY DETERMINED THE DWELLING, BUILDING AND STRUCTURE WHOSE COMMON ADDRESS f� g55 AT �� RNUMBER N M W1432400135 AND BUILDING' AS SET FORTH IN RENTON MUNICIPAL CODE SECTION {RMC) 1-3-5 UNFIT DWELLINGS IN THE CITY OF RENTON THAT ARE UNFIT FOR HUMAN HABITATION AND BUILDINGS AND STRUCTURES THAT DUE TO DILAPIDATION, DfSREPAIR. STRUCTURAL DEFECTS. DEFECTS INCREASING NG THE HAZARDS OF FIRE, ACCIDENTS OR OTHER CALAMITIES, INADEQUATE VENTILATION, INADEQUATE LIGHT OR SANITARY FACILITIES, INADEQUATE DRAINAGE, OVERCROWDING, OR DUE TO OTHER CONDITIONS THATARE til' +`C) THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF RE4'�, •,. IF IS rots s«,z�, (-r dy u'ay • Rmm. w.+b,o, gaosr --- RENTON Project: SR08-0350 #35 - Taken on 09/04/08 By M Kamcheff r . -4now- Project: SR08-0350 #36 - Taken on 09/04108 By M. Kamcheff r_ ' r � f ] ! •, `� '; 1�,� � -• "��-+ , � ."_ PPP 9 771 J � _-5• �., #�� ► �' ,� ��",'- � 'yam, ,, �.,,r: Its 04, l Rl ,IL 7-1 � �I '� rl_ ,r �l ' �--e.. .... '�y •� i y �:s' �� s, �iy'� '4'�-,`4ti � .i�,� 1' �',-.•', � t, Project: SR08-0350 #38 - Taken on 9/11108 by M. K2Mcheff Project: SR08-0350 #39 - Taken on 9/11108 by M. Kamcheff 5 -; 5JF_: f - I - " 'x"�er•3�gPa 771 • s c F j Project: SR08-0350 #40 - Taken on 9111108 by M. Kamcheff •w_ :5 ON a h T - .L • y J r♦ IN ''�►%� `�,1"7`—may • � �� r lb Project: SR08-0350 #42 - Taken on 9111108 by M. Kamcheff ik i ! ll ;N.0i `� F J+. •�, a ), wt.?'s �✓ ++.. _��4. _'�. a:. • .t, , 71 jp "�� T �� j* nil �'� - 1, �•E �� tiY j' � Jf$. '' r• � sue. , ry��.`t�' � ""� � . +'{� r '�i" ri A -S�` � }•fir' +� jI t f � 5 `F t :. �• Lb � � �I � . l4b '� 1 . y Aft I jjk � L tI •' I. M .F�'I�4yi.. ,y •. 7 Project: SR08-0350 #4 - Taken on 03/11/08 by M. Kamcheff Photo Packet #1 Unfit building - RMC 1-3-5 Printed: 06-03-2009 Marilyn Kamcheff Project: 5R08-0350 #5 -Taken on 03/11/08 by M. Kamcheff Photo Packet #1 Unfit Building - RMG 1-3-5 Printed: 06-03-2009 Marilyn Kamcheff Project: SR08-0350 #6 -Taken on 03/11/08 by M. Kamcheff Photo Packet #1 Printed: 06-03-2009 Marilyn Kamcheff 4' ` 7 it Aft r y ref Zr�� Project: SROS-0350 #16 - Taken 07/16/08 by M. Kamcheff Photo Packet #2 Unfit building - RMG 1-3-5 Printed: 06-03-2009 Marilyn Kamcheff 4 ac a y "PINK: Project: 5R08-0350 #18 - Taken 07116/08 by M. Kamcheff Photo Packet #2 Unfit Building - RIVIC 1-3-5 Printed: 06-03-2009 Marilyn Kamcheff wii 2- "ZI, Project: SROB-0350 #35 - Taken on 09104/08 By M. Kamcheff Unfit Building - RMC 1-3-5 Printed: 06-03-2009 Marilyn Kamcheff Project: SR08-0350 #40 - Taken on 9/11148 by M. Kamcheff Unfit Building - RMC 1-3-5 Printed: 06-03-2009 Marilyn Kamcheff L -- k- P1030168,JPG P 1030173.J PG 1� P1030178.JPG P 1030169.JPG P 1030174.J PG P 1030179.JPG P1030170.JPG P1030175.JPG P 1030180.JPG P1030171.JPG P1030176.JPG P1030181.JPG P 1030172.J PG P 1030177,JPG a[micia[:Yome Project SR08-0350 #25 - 08/07108 - Taken by M. Kamcheff A close up picture of the rot along the mud sill of the front wall of the house. This condition is in violation of RMC 1-3-5 Unfit dwellings, Buildings and Structures. Printed: 05-06-2009 Marilyn Kamcheff ,.IW -491 §. t I ♦ I it 3�� j � � ly fF � I � r' - • `{ F' 1 SR08-0350 C09-0279 16855 125`h Ave SE Taken on 4/ 14/09 SR08-0350 CO-0279 16955 125`h Ave SE Taken on 5/26/09 SR08-0350 CO-0279 16855 125"' Ave SE Taken an 5/26/09 1 1� SR08-0350 C09-0279 16855 125th Ave SE Taken an 5/26/09 Apr 30 2009 4:00PM The Law Offices of Ragman 206-621-1550 p.I THE LAW OFFICES OF RAYMOND W. EJARQUE 1001 4rh Ave Suite 3200, Seattle, WA 98154 Plane (206)621-1554 Fax (206) 621-1550 Raymond aSeattle-CriminalLawyer.com k7A FAX; (425) 430-7300 To: Marilyn Kameheff From: Raymond Ejarque Date: April 30, 2009 Pages: 2, including cover Re: Diane Miller/Order to Correct Ms. Kaincheff: MAY 01 2009 Please see the attached letter regarding the Order to Correct directed to Diane Miller in relation to the property at 16855 125 h SE. Please call my office with any questions you may have regarding this matter. If you did not receive all copies, if any of the pages are not legible, or if you have received this transmission in error, please contact me. Thank You. Raymond W. Ejarque The information contained in this facsimile communication is privileged and/ or confidential information intended only for the use of the individual or entity names above. If the reader of this cover page is not the intended recipient, you are hereby notified that any defamation, distribution, or copying of this communication or the information contained in this communication is strictly prohibited. Apr 30 2009 4:00PM The Law Offices of Ragman 206-GPI-1550 p.2 April 24, 2009 Marilyn Kamcheff City of Renton, WA Code Compliance Inspector Department of Community & Economic Development Development Services Division Dear Ms, Kamcheff, This office represents Diane Miller and your "Order to Correct" letter dated April 14, 2009 has been forwarded to my attention_ My client is absolutely committed to correcting the damage issues affecting the property at 16855 125th SL and she is eager to have prior efforts resumed to that end in cooperation with your office. As you were informed nearly a year ago, her husband had finished uncovering the full extent of damage and was just beginning the replacement of some rotted floor joists when this property was annexed into the City of Renton. Unfortunately, his continued efforts were placed at risk of being dernolished by your March 2008 "Order" and attendant abatement actions, and were thus halted. It is now unclear just what process and/or permit(s) the City of Renton is requiring of Ms. Miller in order that she will be able to arrange the resumption and completion of the necessary repairs to her property. Your clarification is requested in this regard to enable my client to comply with the City's requirements. ' Thank you in advance for any explanation you may be able to provide. Your assistance is very much appreciated. Very truly yours, Raymond Vd_ F,jarque Attorney at Law 1001 Fourth Avenue Ste 3200 Seattle, WA 98154 FEES & COSTS TO BE PAID BY THE PROPERTY OWNER DIANE E. MILLER JUNE 18, 2009 DIANE E. MILLER DIANE E. MILLER VIOLATION ADDRESS: MAILING ADDRESS: 16855 125TH AVE SE 1814 SE 215T PL RENTON, WA. 98055 RENTON, WA. 98055 FEES AS PERMITTED BY RMC 1-3-5 1.1, 2, 3, 4, AND 5: IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER: A. WHERE ABATEMENT 1S ACCOMPLISHED PRIOR TO DIRECTOR HEARING: $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B. WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR HEARING: $1,500; C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER: $3,000; D. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING OR DEFAULT OF THE PROPERTY OWNER: $3,000. MR. MILLER HAS NOT ABATED THE VIOLATION AS OF SEPTEMBER 11, 2008, THUS OWING THE CITY THE FOLLOWING FEES FOR VIOLATING B, LISTED ABOVE. B. $1500.00 IN ADDITION THE FOLLOWING FEES AS ALLOWED BY CODE ARE OWED BY DIANE E. MILLER, PROPERTY OWNER: MAILING FEES: CODE COMPLIANCE INSPECTOR: MARILYN KAMCHEFF: CASE PREPARATION: POLICE OFFICER: OFFICER GOULD REVISED SUB TOTAL: 4 CERTIFIED/RETURN RECEIPT LETTERS @ $5.49/EA = $21.96 3 PRIORITY MAIL LETTERS @ $5.45/EA = $16.35 4 FIRST CLASS LETTERS $ $.44/EA= $ 1.76 12 HOURS @ $31.07/HR = $372.84 2.00 HOURS @ $40.00/HR = $80.00 $1992.91 PLUS APPLICABLE KING COUNTY FILING/RECORDING FEES AND CITY OF RENTON ABATEMENT COSTS. TOTAL FEES TO BE DETERMINED: CITY OF RENTON ATTORNEY BUILDING OFFICIAL CODE INSPECTOR WHEN ALL RECORDING FEES HAVE BEEN ASSESSED. WHEN ACTUAL HOUSE ABATEMENT HAS BEEN ACCOMPLISHED. 0 f Denis Law Ma or City 0f. y j I�1 Department of Community & Economic development COMPLAINT FOR UNFIT DWELLINGS BUILDINGS AND STRUCTURES RMC 1-3-5 MAY 26, 2009 HAND DELIVERED REGULAR AND CERTIFIED MAIL RECEIPT # 7008 1300 0000 4988 7858 POSTED ON PROPERTY 05/26/2009 MAILED TO: SUBJECT: SUBJECT'S COMMON ADDRESS: PROPERTY TAX PARCEL NUMBER: LEGAL DESCRIPTION: DIANE E. MILLER 1814SE21STPL RENTON, WA 98055 SR08-0350 OTC C09-0279 16855 125TH AVE SE, RENTON, WA. 1432400135 LOT 27; BLOCK 1, CASCADE VISTA ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 60 OF PLATS, PAGES 33 THROUGH 35, RECORDS OF KING COUNTY, WASHINGTON THE CITY OF RENTON HAS DETERMINED THE DWELLING, BUILDING AND STRUCTURE LOCATED ON KING COUNTY ASSESSOR'S TAX PARCEL NUMBER 1432400135 AND WHOSE COMMON ADDRESS IS 16855 125TH AVE SE, RENTON, WA, IS AN "UNFIT BUILDING" AS SET FORTH IN RENTON MUNICIPAL CODE SECTION (RMC) 1-3-5. 1 Ren€on City Hall 9 1055 South Grady Way * Renton, Washington 98057 9 rentonwa.gov UNFIT DWELLINGS IN THE CITY OF RENTON THAT ARE UNFIT FOR HUMAN HABITATION AND BUILDINGS AND STRUCTURES THAT ARE UNFIT FOR OTHER USES DUE TO DILAPIDATION, DISREPAIR, STRUCTURAL DEFECTS, DEFECTS INCREASING THE HAZ,�DS OF FIRE, ACCIDENTS OR OTHER CALAMITIES, INADEQUATE'VEN ..ATbN, INADEQUATE LIGHT OR SANITARY FACILITIES, INADEQUATE DRAINAGE, OVERCROWDING, OR DUE TO OTHER CONDITIONS THAT ARE INIMICAL TO THE HEALTH AND WELFARE OF THE RESIDENTS OF THE CITY OF RENTON. IT IS FURTHER THE PURPOSE OF THIS SECTION OF THE RENTON MUNICIPAL CODE TO PROVIDE A MEANS OF DEMOLISHING STRUCTURES HEAVILY DAMAGED BY FIRE, WEATHER, EARTH MOVEMENT OR OTHER CAUSES, WHICH HAVE BEEN ALLOWED TO SIT IN THE DAMAGED CONDITIONS WITHOUT REPAIR FOR AN EXTENDED PERIOD OF TIME AS SET FORTH IN THIS ORDINANCE. CITY OF RENTON BUILDING CODE COMPLIANCE INSPECTORS INSPECTED THE DWELLING, BUILDING AND STRUCTURE AT 16855 125T" AVE SE, RENTON WA. AND FOUND THIS DWELLING, BUILDING AND STRUCTURE IS UNFIT, SUBSTANDARD, BOARDED -UP AND UNFIT FOR USE AS A DWELLING, IN THAT IT LACKED THE COMPONENTS OF A LIVABLE DWELLING, AND THAT IT IS UNFIT FOR USE AS A DWELLING, BUILDING OR STRUCTURE, IN THAT IT HAD THE FOLLOWING CONDITIONS. 1) NO SANITARY SERVICE 2) NO WATER SERVICE 3) NO ELECTRICAL SERVICE 4) SEVERE ROOF DAMAGE AND/OR DISREPAIR OR DILAPIDATION WITH OBVIOUS DRY ROT THE CITY OF RENTON PROVIDED YOU A WRITTEN ORDER TO CORRECT ON APRIL 9, 2009, ADVISING YOU THIS DWELLING, BUILDING AND STRUCTURE WAS IN VIOLATION OF RENTON MUNICIPAL CODE 1-3-5, AS DEFINED BY 1-3-4 11 C.22. THE COMPLIANCE DATE ON YOUR ORDER TO CORRECT WAS MAY 15, 2009. YOU HAVE FAILED TO COMPLETE THE REQUIRED CORRECTIONS AS OUTLINED IN THE ORDER TO CORRECT, C09-0279. 2 CORRECTIVE ACTION: THE UNFIT DWELLING, BUILDING AND STRUCTURE SHALL BE ABATED BY REPAIR, REHABILITATION, OR DEMOLITION AND REMOVAL. YOU OR YOUR LICENSED CONTRACTOR MUST OBTAIN PERMITS FROM THE CITY OF RENTON TO REPAIR THE VIOLATIONS THAT RENDER THE DWELLING, BUILDING AND STRUCTURE AT 16855 125TH AVE SE, RENTON, WA, UNFIT. AFTER THE REPAIRS OR REHABILITATION HAVE BEEN COMPLETED, CONTACT THE CITY OF RENTON, TO ARRANGE FOR INSPECTIONS. DO NOT COVER ANY OF THE REPAIRS SO THAT THE BUILDING INSPECTORS MAY VIEW THE COMPLETED REPAIRS. IN THE EVENT THAT FURTHER CORRECTIONS ARE REQUIRED, THOSE CORRECTIONS MUST BE COMPLETED, INSPECTED AND APPROVED PRIOR TO THE REPAIRED AREAS BEING COVERED, OR: OBTAIN A DEMOLITION PERMIT FROM THE CITY OF RENTON FOR THE REMOVAL OF THE DWELLING, BUILDING AND STRUCTURE AND SUBSEQUENT RESTORATION OF THE PROPERTY BY GRADING OR FILL. FEES AND COSTS TO BE PAID BY PROPERTY OWNER AS PERMITTED BY RMC 1-3-5 I. 1, 2, 3, 4, AND 5: ACTUAL COSTS AND EXPENSES WILL BE ASSESSED IN ACCORD WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE COST OF REPAIRS, ALTERATIONS, IMPROVEMENTS, VACATING AND CLOSING, REMOVAL AND/OR DEMOLITION. ACTUAL COSTS SHALL INCLUDE THE COSTS OF STAFF TIME, INCLUDING OVERHEAD, CONTRACTED ENGINEERING FEES OR CONSULTANTS' FEES, RELOCATION ASSISTANCE PAYMENTS INCLUDING INTEREST AND PENALTIES, AND ANY ATTORNEY'S FEES INCURRED IN HAVING THE DWELLING, BUILDING OR STRUCTURE DECLARED UNFIT, IN ANY HEARING BEFORE THE DIRECTOR OR HEARING EXAMINER, OR IN SUPERIOR COURT OBTAINING ANY WARRANT FOR ENTRY OR ORDER OF ABATEMENT. 2, THE COSTS OF ABATEMENT, REPAIR, ALTERATION OR IMPROVEMENT, OR VACATING AND CLOSING OR REMOVAL OR DEMOLITION, WHEN BORNE BY THE CITY, SHALL BE ASSESSED AGAINST THE REAL PROPERTY UPON WHICH SUCH COSTS WERE INCURRED AS A LIEN UNLESS PAID. 3 3. BIDS FOR DEMOLITION SHALL BE LET ONLY TO A LICENSED CONTRACTOR, THE CONTRACT DOCUMENTS SHALL PROVIDE THAT THE VALUE OF THE MATERIALS AND OTHER SALVAGE OF THE PROPERTY SHALL BE CREDITED AGAINST THE COSTS OF THE DEMOLITION. THE CONTRACT DOCUMENTS MAY REQUIRE BIDDERS TO ESTIMATE THE SALVAGE VALUE OF THE PROPERTY AND, BY CLAIMING THE SALVAGE, REDUCE THE AMOUNT OF HIS BID ACCORDINGLY. SUCH BIDS MAY BE LET PRIOR TO THE TIME FOR COMPLIANCE OR APPEAL BUT SHALL NOT BE BINDING OR ACCEPTED UNTIL THE ORDER FOR DEMOLITION IS FINAL. THE BUILDING OFFICIAL SHALL HAVE THE AUTHORITY TO SIGN THE CONTRACT ON BEHALF OF THE CITY. 4. THERE SHALL BE CHARGED AGAINST THE OWNER AND ASSESSED AGAINST HE PROPERTY OF ANY BOARDED -UP BUILDING AN ANNUAL INSPECTION FEE OF $250.00. SUCH FEE SHALL BE PAYABLE AT THE TIME THE BUILDING BECOMES A BOARDED -UP BUILDING. THE HEARING EXAMINER OR DIRECTOR SHALL ORDER A REFUND OF THE PROPORTIONAL AMOUNT NOT DUE IF THE BUILDING IS REOCCUPIED OR DEMOLISHED. SUBSEQUENT ANNUAL FEES SHALL BE PAYABLE ON OR BEFORE THE TIME THE PRECEDING ANNUAL FEE HAS BEEN EXHAUSTED. 5. IN ADDITION TO ACTUAL ABATEMENT COSTS, THE FOLLOWING ADMINISTRATIVE FEES SHALL BE ASSESSED AND COLLECTED IN THE SAME MANNER: A. WHERE ABATEMENT IS ACCOMPLISHED PRIOR TO DIRECTOR HEARING: $300.00; PROVIDED, THE BUILDING OFFICIAL MAY WAIVE THESE FEES IF ABATEMENT IS COMPLETE 48 HOURS PRIOR TO A DIRECTOR HEARING; B. WHERE ABATEMENT IS ACCOMPLISHED SUBSEQUENT TO OR LESS THAN 48 HOURS PRIOR TO A DIRECTOR HEARING: $1,500; C. WHERE ABATEMENT IS ACCOMPLISHED FOLLOWING BREACH OF AN AGREEMENT OR UNDERSTANDING BETWEEN A PROPERTY OWNER AND BUILDING OFFICIAL, DIRECTOR, OR HEARING EXAMINER: $3,000, D. WHERE THE ABATEMENT IS ACCOMPLISHED BY THE CITY FOLLOWING HEARING OR DEFAULT OF THE PROPERTY OWNER: $3,000. 12 HEARING: AN APPEAL HEARING IN THE ABOVE MATTER HAS BEEN SCHEDULED WITH DEVELOPMENT SERVICES DIRECTOR, NEIL WATTS, FOR THURSDAY, JUNE 18, 2009, AT 1 P.M. THE HEARING WILL TAKE PLACE IN THE COUNCIL CHAMBERS ON THE SEVENTH FLOOR OF RENTON CITY HALL, LOCATED AT 1055 S GRADY WAY, RENTON, WA. ALL PARTIES IN INTEREST SHALL BE GIVEN THE RIGHT TO FILE AN ANSWER TO THIS COMPLAINT AND TO APPEAR IN PERSON OR OTHERWISE GIVE TESTIMONY AT THE TIME AND PLACE FIXED HEREINABOVE IN THIS COMPLAINT. ANY ANSWER TO THIS COMPLAINT SHOULD BE FILED WITH: NEIL WATTS, DEVELOPMENT SERVICES DIRECTOR, RENTON CITY HALL, 1055 S GRADY WAY, RENTON, WA 98057-3232. TELEPHONE NUMBER 425-430- 7218_ BY: BUILDING OFFICIAL LARRY A. MECKLING COPIES MAILED TO: KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES ATTN: DIEDRE ANDRUS 900 OAKESDALE AVE SW RENTON, WA 98055-1219 CERTIFIED MAIL RECEIPT # 7008 1300 0000 4988 7865 DEPT. OF RECORDS AND ELECTIONS COUNTY AUDITOR CHERYLE A. BROOM 516 THIRD AVE N ROOM N-1033 SEATTLE, WA. 98101 CERTIFIED MAIL RECEIPT # 7008 1300 0000 4988 7889 DATE TIME ROBIN D. MILLER 1814SE21STPL RENTON, WA. 98055 CERTIFIED MAIL RECEIPT # 7008 1300 0000 4988 7872 STEPHEN PERKINS 17103 125TH AVE SE RENTON, WA 98058 GARY & DONNA PALMER 17104 125TH AVE SE RENTON, WA 98058 GEORGE RUNNE 16835 125TH AVE SE RENTON WA 98058 PATRICIA SCHMIDT 17309 125TH AVE SE RENTON WA 98058 61 CITY OF RENTON, vs. Diane E MILLER, CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON Plaintiff, Defendant(s) NO. SR08-0350 DECLARATION OF SERVICE TP t N1 & 5 LPL [PRINT NAME], hereby declares under penalty of perjury pursuant to the laws of the State of Washington as follows: 1. 1 am a citizen of the United States, a resident of the State of Washington, over the age of eighteen (18) years, not a party to the above -entitled action, competent to testify to the facts set forth herein, and I make this declaration based upon my personal knowledge. 2. On MAY 28 2009 at _1600 HOURS I caused a copy of the following document(s): , BUILDING AND STRUCTURE, to be served upon the defendant(s) via the method of service checked below for each recipient at the following address [PRINT NAME AND ADDRESS OF EACH RECIPIENT]: Diane E Miller, 1814 SE 21 PI, Renton, WA. 98055 U.S. Postal Service, first class mail, postage prepaid and delivery confirmation mail, with receipt Item # Mr rco h "t, n Al f�/I"�' r _xxx Personal service by leaving a copy with the defendant(s) or a person of suitable age and discretion at the above -referenced address. Posted on Property: Other: EXECUTED at Renton [city], Washington, this Zb�day of ;n [month], 20 09 [year]. [SIG CITY OF RENTON COUNTY OF KING, STATE OF WASHINGTON CITY OF RENTON, Plaintiff, ) vs. ) } Diane E MILLER, } } Defendant(s). } NO. SR08-0350 DECLARATION OF SERVICE Donna Locher hereby declares under penalty of perjury pursuant to the laws of the State of Washington as follows: 1. 1 am a citizen of the United States, a resident of the State of Washington, over the age of eighteen (18) years, not a party to the above -entitled action, competent to testify to the facts set forth herein, and I make this declaration based upon my personal knowledge. 2. On May 26, 2009, at 10:21 AM , I caused a copy of the following documents): ORDER TO CORRECT FOR UNFIT DWELLING, BUILDING AND STRUCTURE, to be served upon the defendant(s) via the method of service checked below for each recipient at the following address: Diane E Miller, 1814 SE 215t PI, Renton, WA. 98055 Robin D. Miller, 1814 SE 21St PL Renton WA. 98055 X U.S. Postal Service, first class mail, postage prepaid and delivery confirmation mail, with receipt Item # 7008 1300 0000 4988 7858 — Diane E. Miller and 7008 1300 0000 4988 7872 — Robin D. Miller Personal service by leaving a copy with the defendant(s) or a person of suitable age and discretion at the above -referenced address. X Posted on Property: X Other: _First Class mail — regular delivery Delivery Confirmation, Receipt item # 0300 1290 0008 1608 1625 — Diane E. Miller Delivery Confirmation, Receipt item # 0300 1290 0008 1608 1632 — Robin D. Miller EXECUTED at Renton [city], Washington, this 261n day of May , 2009 . [SIGN] �— -- eclarant ■ Complete items 1, 2, and 3. Also complete Item A if Restricted Delivery is desired. ■ Prin name and address on the reverse so t can return the card to you. ■ Attac..., .is card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: A. Sign "am ❑ Addre eiv by (Pnnfe Na C. Date of Dyl D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: IWO 3. Service Type ❑ Certified Mail ❑ Express Mall ❑ Registered ❑ Return Receipt for Merchandise 0 Insured Mail ❑ C.O.D. A. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7008 1300 0000 4988 ?858 (Transfer from service label) PS Form 3811. August 2001 Domestic Return Receipt 102595-024-1540 • Sender: Please print your name, address, and ZIP+4 in this box of LISPS - Track & Confirm Page 1 of 1 UNITEDSTATES POSTAL SERME, Track & Confirm Search Results LabellReceipt Number: 7008 1300 0000 4988 7858 Service(s): Certified Mail"" Status: Delivered Your item was delivered at 2:16 PM on May 27, 2009 in RENTON, WA 98055. Home I Help I Sign In. Track -A Cgnf.i.rm FAQs Track & Confirm Enter Label/Receipt Number. Notification Options Track 8r Confirm by email Get current event information or updates for your item sent to you or others by email. Go> Go > $ite Map Ctlsioi.n..er $ervicc, Forms Govi Services Ca.r...e..er3i i'(IVacy PVICy Terris of_)se Bus -mess Gustamer Gateway CopyrightCc', 2409 LISPS. All Rights Reserved. No FEAR Act FED Data F01A Postal Service,. !TIFIFn MAILra. RECEIF ponmuc man unry; m insurance g,uv" + For delivery Information visit our webafte at www co ro Postage $ Certified Fee CI Postmark i3 Return receipt Fee Herz E-3 IEndorsernentReyuiredl 0 nestricted Qslivery FeeIM n (Endorsement Required) 6✓ ! `-'-� 0 Total Postage & Fees M .Sentioco `�,t � �-- ` Siren, r, Apt. No.; t7 or PO Box No, D_---'-------------'--"-- Glty Slate, Z1P+A FS Form :r0ir. See Reverse !or Instructions F, http://trkcnfrm 1. smi.usps. corn/PTSIntemetWeb/InterLabellnquiry.do 06/03/2009 USPS - Track & Confirm Page 1 of 1 iUNI EDSTATES COSTAL SERME. Track & Confirm Search Results Label/Receipt Number: 0300 1290 00081608 1625 Service(s): Delivery Confirmation"' Status: Delivered Your item was delivered at 2:15 PM on May 27, 2009 in RENTON, WA 98055. Home I Help I Sign In Track_A C_p.nfirm FAQs Track & Confirm Enter Label/Receipt Number. Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go > Site Map Gustoiner Service Forms Gov't Services Careers. Privacy Policy Terms of Use Business ('w Wmer Gateway Copyrights' 2009 U5P5. All Rights Reserved. No FEAR Act EEO Bata rGIA. U.S. Postal Service Delivery Confirmation Receipt Ln Postage and Delivery Gmlfirmation fees must be paid before mailing. _a PA* Sent Ta (to be c=WW by =IkR) Ix R� og a d rq o POSTAL CUSTOMER: o Keep this receipt For Inquiries: Acaess Postmark ZM Internet web site at www.Lgn.com Here o or call 1-800.222-1B11 n� IS lz��CJ� o r I CHECK ONE 0%TAL USE ONLY) IM ❑ Priority Mail ❑ Standard Mail (B) P8 F 2. March IM (Sea Reverse) http://trkenfrm l .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 06/03/2009 ■ Comp,ete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Prin' name and address on the reverse so t can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. 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Na FEAR Act EEO Data FGIA U.S. Postal Service Delivery Confirmation Receipt ru Postage and Delivery Confirmation fees must be paid before mailing. uncle Sent TO: (m be eaMPOW by m IkM w � qZ zC3 o R r COG, CQ7q a POSTAL CUSTOMER: lZ o Keep this receipt For it WIftes: Am= o Postmark Internet web site atwww.usps.com �s Here or call1-800-222-1011 ?. p 4 a MlEC1I ORE (POSTAL USE ONLY) A m ; ❑ Priority Mail 7 ❑ Standard Mail (B) PS F ' 5Z March 1999 t— Raveraej http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 06/03/2009 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Pri r name and address on the reverse so a can return the card to you. ■ Attac_ _..6s card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to; Al 1�3 G f%TJl A. Si}�alure �� pppp X �[. (/ /i/��Agent _Ak y[� ll��'' �� Addressee B. Received by (Punted Name) C. Date of Delivery D. 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G S http://trkenfrml.smi.usps.com/PTSIntemetWeb/InterLabellnq city sl3r�, 'P+4 : PS Form :rr Auqust 2006 See Reverse for Instructions Ob Denis Draw City of J Y a Department of Community & Economic Development May 26, 2009 SUBJECT: Unfit Building at 16855 125th AVE SE You are listed as a Party of Interest for the above -subject property. The property owners are Robin D. and Diane E. Miller. Mrs. Diane E. Miller has been served notice that the structure on the property is unfit and a hearing to determine disposition of the building has been scheduled at 1 P.M., on Thursday June 18, 2009, in the Council Chambers at Renton City Hall, 1055 S Grady Way. This public hearing forum is the only opportunity for all involved parties to state their opinions by testifying before the Development Services Director, Neil Watts. At the end of the hearing, the record is closed and should the violator appeal the decision, only the records of the hearing date will be reviewed before the Hearing Examiner. No new testimony will be allowed upon appeal. Enclosed is the Complaint For Unfit Dwellings Buildings and Structures RMC 1-3-5, that was issued to Mrs. Diane Miller. Thank you for your concerns in this matter. Marilyn Kamcheff Code Enforcement Inspector City of Renton Enclosure �L � �AML V W aw OF -wf� tiAv� C_aAPLJKTT _(O ; i PA`Qgctk sU�U1v ® c 7 wdi;� OLM. 'Woq Renton City Hall 9 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov r PUBLIC HEARING CITY OF RENTON DEVELOPMENT SERVICES DIRECTOR, RENTON, WASHINGTON A Public Hearing will be held by the Development Services Director in the Council Chambers on the seventh floor of Renton City Hall, 1055 South Grady Way, Renton, Washington, on June 18, 2009 at 1:00PM to consider the following petitions: Miller Unfit Dwelling PROPERTY OWNERS: DIANE E. MILLER (ROBIN D. MILLER) C"--' OF RENTON FILE NO.: Cd D `7 I .ion: 16855 125'h Avenue SE. Description: The building official has determined that the dwelling located at 16855 125th Ave SE, Renton, Washington, King County parcel number 1432400135 is unfit for use as a dwelling. The structure does not contain the necessary elements of a dwelling unit, that are separate living quarters with cooking, sleeping and sanitary facilities. FOR FURTHER INFORMATION, PLEASE CONTACT THE DEVELOPMENT SERVICES DIVISION AT 425-430-7200 DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. King County Property Description for parcel number 1432400135 Page 1 of 2 KCGIS Parcel Reports Property Report Districts and Development Conditions Report Find Your Council District Find Your Watershed KCGIS Center King County GIS Center King Street Center 201 S. Jackson St. Suite 706 Seattle, WA 98104 aiscenterg.kingcounty.gov + 47.59909 N - 122.33136 W + 47' 35' 56 72" - 122` 19' 52-90" HOME NE;wS SEA ViCFS D:RFCTQRY CON-"ACT 1, Search KCGIS Center www. Ki ngCou nty. govlGl S Assessor information for parcel number 1432400135 u r Taxpayer name MILLER ROBIN D Parcel number 1432400135 Mailing address 1814 SE 21ST PL Tax Account 143240013506 RENTON WA number 98055 Levycode 2128 Jurisdiction RENTON Present use Single Family(Res UselZone) Appraised value $172,000 Address(es) at this 16865 125TH AVE SE 98068 parcel - _ ....... ........... ..... .... Legal description - - CASCADE VISTA ADD LESS C & M RGTS --........................... .... . Parcel description Property Plat CASCADE VISTA Water WATER name name ADD system DISTRICT Property R - RESIDENTIAL Plat 1 Sewer PUBLIC type block system Present use Single Farnily(Res Plat lot 27 Access PUBLIC UselZone) Q-S-T- SW-28-23-5 Street PAVED Lot area 9,170 sq. ft. (0.21 acres) R surface Residential building description_ Building 1 of 1 Total living sq. ft. 920 Bedrooms 3 Year built 1958 Baths 1 Year renovated 0 1 st Floor sq. ft. 920 112 baths 0 Stories 1 Half floor sq. ft. 0 314 baths 0 Building grade 6 - Low Average Single story 0 Condition Fair 2nd floor sq. ft. 0 fireplace Finished basement NONE OR Upper Floor sq. ft. 0 Mufti -story 0 grade UNKNOWN Total basement sq. 0 fireplace ft. Free-standing 0 Finished basement 0 fireplace sq. ft. Percent brick or 0 Basement garage 0 stone sq. ft. Daylight basement N Attached garage sq. 0 Heat system Forced ft. Air Open porch sq. ft. 0 Heat source Gas Enclosed porch sq. 0 ft. Deck sq. ft. 0 Taxable value histo Tax year Tax status Taxable value reason Appraised value Taxable value 2009 TAXABLE NONE OR UNKNOWN $92,000 (land) $92,000 (land) + 8$ 0,00Q (improvements) + $80.000 (improvements) $172,000 (total) $172,000 (total) 2008 TAXABLE NONE OR UNKNOWN $88,000 (land) $88,000 (land) + $69.DDD (improvements) + $69,000 (improvements) http://www5.kingcounty.goes/kegisreports/property_report.aspx?PIN=1432400135 06/03/2009 King County Property Description for parcel number 1432400135 Page 2 of 2 $157,000 (total) $157,000 (total) 2007 TAXABLE $78,000 (land) $78,000 (land) �NONEORUNKNOWN I + $61,000 (improvements) 661 000 (improvements) $139,000 (total) $139,000 (total) Related resources King County Assessor: Submita request to correct information in this report King County Assessor: eReal_Pr.op Report (PDF format requires Acrobat) King County Assessor: Quarter Section Map (PDF format requires Acrobat) King County GIS: Property ntot;n.atien._FAQ._ King County GIS: Districts and Development Conditions Report (a detailed report about the location of this property) King County ODES: -_, ...... (for unincorporated areas only) King County Treasury Operations: Pr4pert�Tax_Inf4rma. for this property King County Recorders Office: Excisse.Tax Affidavits Report King County Recorders Office: Scanned imag[e_s_of plats,. King County Recorders Office: Scanned images of surveys. and other map documents. Open iMAP to this property (requires a high speed internet connection) open. Parcel Viewer to this property (any connection speed, but less features than NAP) Search: Address or parcel number: Go Reset ❑ search by condo name example address: 8621 428TH AVE SE I example parcel number D942o06860 This report was generated or 613,2009 8.40 58 AM Home I Privacy I Accessibility I Terms of u_s...e I Search Contact us at giscenter@kingcounty.gov. Links to external sites do not constitute endorsements by King County. By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. © 2009 King County http://www5.lcingcounty.gov/kcgisreports/propertyreport.aspx?PIN=1432400135 06/03/2009 ORDED RETURN TO*. ::'ROOEII.." LEWIS, Attorney 20040817003744 P o.-.- B 6 x -, 27-3--_. CUSTORM OF 0 29 00 Rent-.6n,:-*KbLahin4,xon P-805:7-0273 PWE061 NZ 98/1712004 15 13 KING COUNTY, WA RRAN-T Y>1'qLFILLMENT DEED THE "R'ANTGRS,.-'M. MA X.J.' IT9' GRUBESIC and MARY ANN JOHNSON, each in their respecti,�e :'sole' cip&cit--ies and as to their separate estate; and in consid :era`tiioni' of -Ten..-' DOITA'xs ($ 1.6 90) and other good and valuable cons ide'rat i'on.-`iq..-'ha-r1dpai-` d 'Y,�:and warrant to ROBIN D. �conve MILLER and DIANE �h KILLER, ,usba'acid wife, the following described a described real estate) y' sitUated,::in `:King `'County, State of Washington- i ot 27, Block 1, Ca6cade i..sta accard.ing "to plat�;%,thereof ke%torded of -a t,-� p a.,L:g in Volume 6 0'-. :,e S: 3 3':`% throujh 35, records of King County, 'Lrta.,in real estate 1 de:ed jLs given in fulfillme: -of thaj c, t : c.6ntr.act.- between Emil August Rar%tapaa -.as is-' se parate estate as and nd .:.Robin D. Miller and Diane E. fftl 1,� r.i 1busband and wife as dated the 27th day of January, 14-70, -."ana conditioned for the-:,,co'ftvejzk.hce of �:the above -described property, :>.Ond the covenants of .;.:Warranty.: h. 'e re..-n-..cohtained shall not apply to any;iitle, interest or e iic u m b p:a nc e a r:i s 1.,-n g '. 1�,y through or under the purchaser in said coiit-r-6ct,:: and ,d ha-1 ld-'not` ....apply to any taxes, assessments or other charges iev i,e.0.assessed '6r becoming due subsequent to the date of said conteact. The a6bVe" ::naffed graiitc - Y-riS .:""derive title through Deeds and Seller's Ass 3.gnmo�nti,-`a.f 1�eaj` E.stale... Contract recorded under King County Recording Nos. 8801,146250. acid :8403230890. Real Estate Ex c i.:. se .,..,.Tax.:: was paid on this sale on under Receipt No. E 454544. Dated this CJ day of..: &aptember.,-j M. Maxi -fie Gtubes�c Exfto Tim ?Wd On Contract Alf. No. Kwg co. Raw ton Mary AV 1h Johns DI Deputi V WARRANTY FULFILLMENT DEED PACE I 5TA'�'E Off' WASHINGTON ) .. } ss C[ [7NTY OF KING } O'n,.--this day per•soiiatlly appeared before me M. MAXINE GRUBESIC to me :'kn' qn to -.-be" .: thLi individual described in and who executed the wz-.thj-=::' anA foreg,bing..,"I'-rument, and acknowledged that she signed the -same 'as, het . ree ;;:and voluntary act and deed, for the uses and purpospserein:`inentned, Da`:.ed tiffs:= dadOf---September, 1988. .ta'ry .. u -i c in and for the 5 ate of Wash -n 'ton, ;: resxd�ng at Commission ::exp.a r;s / -. ri• �-- STATE OF W:xSCONSIN } i ss CQUNT On thi.:s day personally appeared before me.--� MARX:: ANN JOHNSON to Ine Ano+ain t`o be the individual described• ""iz. :�nt� *ho executed the within e and .f6 g-sing instrument, and acknoir]�,edged_-' that she signed the:.:,:z� Lme , �as her xee and voluntary act and deed for the uses and `::.purposed the;.e'i'n �,en t toned . Dated thi.:s day of September, 1988. '-y N ry .ublic in and for _ the -State of wi;scor►s,anr residing at Comms5�ai: 'e'xplres 10. 29 .46 - WARRANTY FULFILLMENT DEED PAGE 2 h t :; jrentonnet.orgjinternetappsjmapsjfra Parcelrameset.cfm?MG=http:ikerbxnet.orgfMapGuidej it a&di*t* JkajFCr O■ Map Search for Parcel by, • Address • Parcel numtei Pero 8acx SEARCH RESULTS: Account Information i+_cccunttiumoer.l-_'Z�CC1'`Gc Parcel'ic, 14°24M?1 —ax �ay,er. ,i:L-ERROBiii C 1814SE215"P. RE?,—0?i ;eA990°` Assessment and Tax Intormaton Levy Ccce:62EC ex Stat6s: A ,i,BLE Rcil Yr: M& NeN Cnstr. 140 Land Vat, SBS,CCC.CC kmvs Val SBB,CC4Ge Partei Information AC.1ress: ME'_ 125-H AVE SE Plat rteme_ CASCADE VISA ADO Plat Lot: 27 Plat Block: 1 SIMR22B;29;E Qtr Section: Sia Prop-ype: Resdentol i6fealcQor: REri'Or1 Present Use: S010LE FtAMILYi.RES 11SE20riE " Gb Rclz q� Q�ccgk 0 © = Renkon Cty Lints ® Parcels v Renton Aerial 4 Internet w autedesIC " Y C N N w O c 0 Q 0 0 0 0 C O Q O O O O 0 O 04000^COO---��000 GC�]�I�DJiL1�L^�D?I�OCW CO ocococococ0000ao oo Oc OO Oc tC oo 00 OC 00 OC 00 OC O4 v'3��7 1"w wa—i wDJ row=a07 Q7 -7 -4 10 N NON N N N ¢�w,A 1.) tl.1.0 NW W W �zro =mot" o � a � C N N N LA to N NN NN JJN4L' N-� �NNNNN R A N T N OO oo N NN NN w A w J J w w w w w N N N N N N N N N O C O C O O O O O O O O C O C C. 0o0oa00000000000 a w c CL m n' _ v rD �r r rb 00 Z Z N LA tA n D can •cD O � Q � O "'S N C w � O � N O O 3 o� o D a' o a� o a o rip 'C n 7 O m O� O O O O C D m "C O Zi on O m a o a C b� Cj � z CD w a CA N O A W � W O a N NNa C c• [l� .. � � o O C D 3 °Oro CJ1 O JW May 20, 2008 Robin D. Miller 1814 SE 21" PI Renton, WA 98055 Dear Mr. Miller: SUBJECT: Order to Correct Number: Service Request Number: Address: Delivery Confirmation # 0300 6000 0001 8402 7359 C08-0183 {Bulky Waste) C08-0182 (Unfit Building) SR08-0350 16855 125"' Ave SE On May 15, 2008, you came to the office with a letter disagreeing with the City's assessment that your property contained bulky waste and had an unfit dwelling. We discussed the City's ordinances and policies with respect to the violation notices you received. To follow up our meeting of Thursday, May 15, 2008, this letter is a recap of our verbal agreement: Order to Correct, Violation # C08-0183, Bulky Waste and Rat Habitat Bulky Waste: We discussed the options available to you to bring this property into compliance. The travel trailer hulk cannot remain as is on the property. You requested, and were granted, a 60-day extension to repair and license the trailer so that it can be removed from the property. Or, you will dismantle the trailer, remove and properly dispose of the resultant debris from the property. Your new compliance date is July 15, 2008. Rat Habitat: The bulky waste, overgrown bushes, and wood are areas where rats are known to live and breed. The insulation that hangs out of the trailer provides nesting materials. You requested, and were granted, a 60-day extension to remove and dispose of the rat habitat areas. Your new compliance date is July 15, 2008. 2. Order to Correct, Violation # C08-0182, Unfit Building Unfit Building: The building official has determined that the dwelling located at 16855 1250 Ave SE, Renton, Washington, King County parcel number 1432400135, is unfit for use as a dwelling. The structure does not contain the necessary elements of a dwelling unit, that are separate living quarters with cooking, sleeping and sanitary facilities. The Development Services Director has ordered the dwelling to be repaired. The City of Renton has adopted regulations governing Unfit Dwellings. Unfit Dwellings are defined in Renton Municipal Code 1-3-5 as "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making_ substantial_ progress on completing_such repairs within 90 days." You requested, and were granted, a 60-day extension to research the viability of applying for a short plat for this property. Your new compliance date is July 15, 2008. After July 15, 2008, a re inspection of your property will be conducted. The City of Renton's expectations are: 1. The travel trailer will be removed from the property. 2. The rat habitat will be removed. If the above conditions have not been met, the City of Renton will initiate legal action in the form of criminal citations. 3. The unfit building will be required to have plans and permits in place for repair; or, a 30-day demolition permit will have been secured; or, an application for Land Use Action must be on file. If the above conditions have not been met, the City of Renton will initiate abatement proceedings to have the unfit dwelling removed and a lien for expenses placed against the property. The City's goal is to work with its citizens to bring property back into compliance with the adopted codes and ordinances. In this regard you have received a generous extension date for the property at 16855 125t' Avenue SE, parcel number 1432400135. Your cooperation in achieving the agreed upon goals and timeframes is greatly appreciated. Sincerely, Marilyn Kamcheff Code Compliance Inspector Development Services Division 2 t ORDER TO CORRECT Date: March 18, 2008 Location of Violation: 16855 125TH AVE SE Owner(tax-payer) : MILLER ROBIN D Issued To: ROBIN D. MILLER 1814 SE 21ST PL Address: RENTON WA 98055 Service Request No_ LUA08-124 Violation Index No. COS-0182 An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 07/15/2008_ If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a $1000.00 monetary fine. CODE SECTION CITED: DATE OF INVESTIGATION DESCRIPTION OF VIOLATION CORRECTIVE ACTION: Renton Municipal Code 1-3-4-A i I C 22 03/11 /2008 Unfit Building The building official has determined that the dwelling located at 16855 125th Ave SE, Renton, Washington, King County parcel number 1432400135 is unfit for use as a dwelling. The structure does not contain the necessary elements of a dwelling unit, that are separate living quarters with cooking, sleeping and sanitary facilities The Development Services Director has ordered the dwelling to be repaired. The City of Renton has adopted regulations governing Unfit Dwellings. Unfit Dwellings are defined in Renton Municipal Code 1-3-4 A 11 c 22 as "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days." Within thirty (30) days you are required to submit approved building plans for the repair of the dwelling unit. Within ninety (90) days from the date the plans are approved, construction and the required inspections shall be completed and approved. Or apply for a demolition permit to remove the structure. In the event you do not comply with the time periods described above or the unfit building cannot be repaired so that it no longer exist in violation, the dwelling unit shall be demolished. In the event the City of Renton completes the abatement of the unfit dwelling actually costs will be incurred. Those costs shall be assessed against the real property upon which such costs were incurred as a lien unless paid. An explanation of the cost is as follows: Costs: 1. Actual costs and expenses will be assessed in accord with the provisions of this section, including the cost of repairs, alterations, improvements, vacating and closing, removal, and/or demolition. Actual costs shall include the costs of staff time, including overhead, contracted engineering fees or consultants' fees, relocation assistance payments including interest and penalties, and any attorney's fees incurred in having the dwelling, building or structure declared unfit, in any hearing before the director or hearing examiner, or in Superior Court obtaining any warrant for entry or order of abatement. 2. The costs of abatement, repair, alteration or improvement, or vacating and closing, or removal or demolition, when borne by the City, shall be assessed against the real property upon which such costs were incurred as a lien unless paid. 3. Bids for demolition shall be let only to a licensed contractor. The contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require bidders to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his bid accordingly. Such bids may be let prior to the time for compliance or appeal but shall not be binding or accepted until the order for demolition is final. The building official shall have the authority to sign the contract on behalf of the City. 4. There shall be charged against the owner and assessed against the property of any boarded -up building an annual inspection fee of $250.00. Such fee shall be payable at the time the building becomes a boarded -up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the time the preceding annual fee has been exhausted. 5. In addition to actual abatement costs, the following administrative fees shall be assessed and collected in the same manner: a. Where abatement is accomplished prior to director hearing: $300.00, provided, the building official may waive these fees if abatement is complete 48 hours prior to a director hearing; b. Where abatement is accomplished subsequent to or less than 48 hours prior to a director hearing: $1,500; c. Where abatement is accomplished following breach of an agreement or understanding between a property owner and building official, director, or hearing examiner: S3,000; d. Where the abatement is accomplished by the City following hearing or default of the property owner: $3,000. Issued By Code Compliance Inspector Department of Community & Economic Development Development Services Division Phone No: 425430-7269 U.S. Postal Service Delivery Confirmation Receip rR t • • and Delivery Corrfi on ees must be paid before mailini m Article Sent TM (to be mWieted by matter} May 8, 2008 Delivery Confirmation # 0300 6000 0001 8402 7311 Robin D. Miller 1814 SE 215t PL Renton, WA 98055 SUBJECT. Order to Correct Number Service Request Number: Address: zti In �x C3 i5 o U Cn t3 a d-0 0 0 m 0 Fk�A*IG" Postmark Here K Form l6Z blanch im C08-0183 SR08-0350 16855 125 h Ave SE POSTAL CUSTOMER: Keep this recelpf. For inquiries: Acce Internet web site at www.usps.com Or call 1-BW-222-1911 CtlEMIONE (POSTAL USE ONLY} ❑ Priority Mail ❑ Standard Mail (8) P" jai Enclosed is a copy of the order correct, violation number, C08-0183, sent to you on March 18, 2008, requiring you to remove the hulk travel trailer from the property and remove the potential vermin/fire hazard in the form of tarps, cans, wood, metal, blackberries and other items at 16855 1251h Ave SE. The compliance date was April 23, 2008. A re -inspection on May 5, 2008, noted that the above identified violations remain on the property and that they are in violation of RMC 8-1-4 E and 1-3-4 11 c 3. The City will allow 15 days from the date of this letter for you to remove the cars and bring the property into compliance. You are always required to make contact with me at 425-430-7269 within the 15-day time frame. After May 27, 2008, an on site inspection will be conducted. If the property is not in compliance you will be issued a criminal citation without further contact from this department. I urge your cooperation in resolving this matter in a timely fashion. Thank you. Sincerely, Marilyn Kamcheff Code Compliance Inspector Development Services Division Enclosures F-A USPS - Track & Confirm Page I of I UNITED STATES IWAZTAL SMA�E. Track & Confirm Search Results Label/Receipt Number: 0300 6000 0001 8402 7311 Status: Delivered Your item was delivered at 12:35 PM on May 10. 2008 in RENTON, WA 98055. Home 1 8&i2 1 Sign in Track & Confirm FAQI6- Track & Confirm Enter LabeVReceipt Number. Nalfficaflan Options .... ..... .. . . ... . .. . Track & Confirm by email Get current event information or updates for your item sent to you or others by email, $.ite Mau. Gar�tactPs E91M* Gov't - Services c ------------ JPUL P�11va-Y-Rolicy Terms of USP !kfiQn?LI-&Er@rMLAcc0unts Copyright@ 1999-2007 U$PS, AU Rights Reserved. No FEAR Art EEO Data FOLA fowft � w- http://trkcnfn,nl.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do - 05/12/2008 May 15, 2008 Marilyn Kamcheff Code Compliance Inspector Development Services Division City of Renton Subject: Property Address 16855 1251" Ave SE CITV0FRFNT01v RECEIVED MAY 15 2�J8 BUILDINODWOO N Reference: Your Letter Dated May 8, 2008 Your Letter Dated March 18, 2008 titled "Order to Correct" — C08-0182 Your Letter Dated March 18, 2008 titled "Order to Correct" — C08-0183 Our Telephone Discussion — May 12, 2008 Dear Ms_ Kamcheff, I have received the referenced communications and as we discussed on Monday, I am following up with this responsive letter. For the record, my delayed response to your communications has been largely the result of my ignorance, surprise and confusion about just what jurisdiction Renton now has concerning the subject property. In addition however, I am confused, if not alarmed, by what appears to be a lack of due process in this regard. While I have no desire to be argumentative in this matter; I would, at the very least, expect the City to afford me the rights & assurances provided under RCW 35.80.030, In any case, it is my purpose and intent to be responsive and cooperative in resolving the issues which you have presented. Regarding the alleged "Potential Vermin/Fire Hazard 1-34 116": I will again be returning to the property within the coming week to clean up the grounds, cut the grass (weather permitting) and remove debris as I have previously done on a regular basis. Response — Renton Code Compliance Page 1 of 2 Regarding the alleged "Storage of Bulky Waste 8-1-4 E — Shasta Travel Trailer": I do not concede that this travel trailer is a "junk" or "hulls vehicle" meeting the definition of `Bulky Waste". Yes it has been damaged and yes it needs repair. It is my intention to restore this travel trailer for my personal use. I will be cleaning out the debris within the coming week and securing this trailer from entry within the next 30 days_ Regarding the alleged "Unfit Building 1-3-4-A 1 Ic22 I do not concede that this building meets the definition of an "Unfit or Abandoned Structure". I have regularly and safely occupied the building in the process of making needed repairs and intend to continue that process to completion. an the other hand, I do agree that the building is not currently fit for use as a dwelling as it needs a new roof among other repairs; however, the building is not currently in use as a dwelling. Albeit slowly, the repair process has been proceeding as personal resources have permitted. It is my intent to fully restore this building to its pre -loss condition -- a process which is ongoing. I understand from our recent conversation that this property has become the subject of complaints. It is my desire to be cooperative in working with you while responsibly eliminating the reasons for such complaints in a reasonable and economically feasible manner. Sincerely, (: Robin Miller 1814 SE 2 1 " Place Renton, WA 98055 Response -- Renton Code Compliance Page 2 of 2 "' U"f4RDenis Law, Mayor May 20, 2008 Robin D. Miller 1814 SE 21 sr Pl Renton, WA 98055 Dear Mr. Miller: CITY W RENTON Department of Community and Economic Development Alex Pietsch, Administrator Delivery Confirmation # 0300 6000 0001 8402 7359 SUBJECT: Order.to Correct Number: C08-0183 (Bulky Waste) G08-0182 (Unfit Building) Service Request Number: SR08-0350 Address: 16855 125" Ave SE On May 15, 2008, you came to the:office with a, letter disagreeing with the City's assessment that your property contained bulky waste and had an unfit. dwelling. We discussed the City's ordinances and policies with respect to the violation notices you received. To follow up ouy meeting of Thursday, May 1S, 2008,.thi8 letter is a recap of - our. .verbal agreement:' 1. Order to Correct, Violation # C8 0k83, Bulky Waste acid.Rat habitat Bulkyas#e: Vwetscus5ed the; optrons available to you to bring this property inta compl ante. The travel trailer h►alk 'anriotiezna i} as ison the property. You requested; and were gropted, 'a: 60-day extension tQ repair and license,the trailer su that it. can be reinoved ft'om the,;tirgperiy: -.Or, you will dismantle they dispose of the resulta>t debris from the property. Yatri .new cafnpl $nce da.#� S. Ady .15, 2008 Rat Habitat:. The b illy:waste,-overgrQWri bushes, and wood are areas.wh rats are known to five �nd,}heed. TYie instalatior► :that hangs out of the -trailer provides nesting materials: You requested; and were gratiteu,.a 64-day, extension to'.remove and dispose of the rat habitat areas. Your crew compliance date is, July 15, 2008. 2. Order to Co Violation. # C08 j0182, Unf t Building Unfit Building: The building official has determined that the dwelling located at 16855 125' Ave SE, Renton; Washington, King County parcel niimber 1432400135, Is unfit'for use as a dwelling.. The"structure doe.s:not . coritain.the necessary elerirnents afa dwelling unit, that are sepat'ateliving quarters with cooking; sleeping and sanitary. -facilities. The Development Services Director hasordered:the dwelling to. be repaired. The City of Renton has. adopted regulations governing Unfit Dwellings. Unfit Dwellings are defined in Renton Municipal Code 1-3-5 as "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation and has been abandoned. or unoccupied by lawful tenants fora eriod of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows nointention of completing or making substantial progess, on completing such repairs within 90 days." You requested, and were granted, a 60-day extension to research the viability of applying for a short plat for this property. Your new compliance date is July 15, 2008 After July 15, 2008, a re inspection of your property will be conducted. The City of Renton's expectations are., 1. The travel trail6r N iHfbe rcinoved from the property. -2. The rat habitat will be removed: If the ab,6v . ohditigns have -not been rnet, the. City of Renton willinitiate legal action in the fu ton dfc'> urinal' atioims. 3. The unfit building wrll be tequired to have plans and permits in place for repair; or, a 3Q-iay I0,Mftion ait will -have been secured; or, an apphcatton for"t.k d Use Action must be on filer If the above"tiff ioiis hjave not been rimet, the City of Renton will initiate abatement prob diagg to have the unft i yelling removed and a lien for expenses placed aga�'ifx4t the property.. Tfie,City's goal is to work.with:its citizens to bring property back into compliancc,with the adopted codes and ordinances. In this regard yourhave received a.generous extension dgte for the, property at 16855.125" Avenue SE; prarcel number 143240013-5. 'Your coopera.6on-in achieving the agreed.upon goals and tin ef.ames is greatly appreciated. Sincerely, Marilyn Kamcheff . Code `Compliance Inspector bevelopirrient Services Divisign USPS - Track & Confirm Page I of 1 UIINITEDSTATES M& SWVM Track & Confirm Search Results Label/Receipt Number 0300 6000 0001 8402 7369 Home I gip_ I Sign In Track & Confirm FAQs Status: Delivered Ttack & Confirm Your item was delivered at 12:34 PM an May 23, 2008 in RENTON, WA Enter LabellReceipt Number. 98D55_ Addkiwal Dorafls s } ( Retain to USPSSem Names i NatificafiiDn Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email_ Do> bite Map Contact Us E.gfrm C1pVt$er_viceg fobs. ppyjLqy_Policy Tg s_of_.tJg NaEional &Premier A4wunt� Copyrights 1$$$-2097 USP5. Al! Rights Reserved. No FEAR Act EEO Data FQIA U.S. Postal Service Delivery Confirmation Reis ipl 117 Postage and Delivery Confirmation fees must be paid before malling m Ar0* Sad Ter (to be . fill maiM m E5 r- .bnsPnrGe.�r ru � 6 jj POSTAL CUSTOMER- co © I Postmark Keep this reoelpi. For fr4'11des: intemet web site at www,usps. orwlll-&bo-222-1811 17 ram l•-3yPn. a CNECK ONE (POSTAL, q5E ONLY) 0 M ❑ Priority Mail C3 ❑ Standard Mail (B) PS Form I M March IM ON nerersaj bttp://trkcnfrm i.smi.usps.comJPTSIntemetWeb/InterLabelInquiry.do 05/29/2008 RENTON CODE COMPLIANCE NARRATIVE SR08-0350 C08-0182 08/13/2008 Address: 16855 1251h Ave SE Renton, WA. 98055 Violator: Robin D. Miller RMC Violation: 1-3-3 C Supporting Copy of Order To Correct — C08-0182 Documents: Track and Confirm verification 03071790 0002 9827 8184 Follow Up Letter — 05/08/08 Track and Confirm verification 0300 6000 0001 8402 7311 Letter Received from Robin D. Miller - 05/15/08 Response Letter to Robin D. Miller — 05/20/08 Track and Confirm verification 0300 6000 0001 8402 7359 Cancellation letter for Abatement Hearing — 07/29/08 Track and Confirm verification 0300 6000 0001 8402 6260 Letter From Robin D. Miller — 07/31/08 Search Warrant — 08/06/08 King County Certified Ownership Warranty Deed - Copy Photos — Packet #1 — 03/11/08 Photos — Packet #2 — 07/16/08 Photos — Packet #3 — 08/07/08 NARRATIVE: Violation: Keeping and Maintaining a Public Nuisance Renton Municipal Code 1-3-3 C The City of Renton has adopted regulations which governs unkempt, unsafe, unsanitary and otherwise improperly maintained premises and structures, sidewalks and easements within the City create obvious hazards. The code specifically states "it shall be unlawful for any occupant of real property or any person having any ownership or possessory interest therein to permit, suffer, maintain, carry on or allow upon such property or any portion thereof a public nuisance, and any person guilty of a public nuisance shall be guilty of a misdemeanor, punishable pursuant to RMC 1-3-1. An unfit building as defined by 1-34A c (22): Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days. Included within this definition shall be any dwellings which arc unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, in adequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. Analysis March 5, 2008: Service Request SR08-0350 was received and assigned to me on March 5, 2008. The nature of the complaint was: "House is "quite a dump." Vacant "for many years." Roof falling in. Tagged trailer. Downed trees. Rats on property. Existing issue with King County Code Enforcement, ref# E07-00024. Requesting callback re: What can be done on this issue? March 11, 2008: An on site inspection was conducted on March 11, 2008, confirming that there were multiple violations on this property. I observed the house on the property addressed at 16855 1251h Avenue SE, parcel Number 1432400135, to be in a state of disrepair. There were shingles missing from the roof, rotted fabric tacked on the roof with wood strips, there was green frayed material secured along the roof line covering the gutter area with exposed roof beams that had obvious dry rot. There were two front windows and boarded -up with plywood. The wall between the boarded windows was sagging. I issued an Order to Correct (OTC) number C08-0182, dated March 18, 2008, sent delivery confirmation # 0307 1790 0002 9827 8184, delivered March 22, 2008, at 2:14 PM, as confirmed by internet U.S.P.O. track and confirm system, requiring the property owner to submit approved building plans for the repair of the dwelling unit. Within ninety (90) days from the date the plans are approved, construction and the required inspections shall be completed and approved. OR apply for a demolition permit to remove the structure. The compliance date was April 23, 2008. Mr. Miller did not respond to the Order to Correct sent on March 18, 2008, with a compliance date of April 23, 2008. 2 May 5.2008: I sent a follow up letter concerning the other violations on this property, bulky waste and rat habitat. May 12, 2008: 1 returned a call to Mr. Robin D. Miller. He said he was "in a state of shock" over my follow up letter advising him that he was required to have this property brought into compliance in 15 days. Although the letter did not mention the unfit building, Mr. Miller argued that the condition of the house was such that he could repair it. May 15, 2008. Mr. Miller came into the office with a letter refuting the charges as listed in the orders to correct, C08-0182 and C08-0183. Letter is attached. During Mr. Miller's visit to the office we talked about his ability to bring this property into compliance. He indicated that he would like to have an additional 60 days to repair the travel trailer for possible resale and to "continue to work on the house." May 20, 2008. A follow up letter was sent to Mr. Miller listing the City's requirements for the violations listed in his order to correct, C08-0182 and C08-0183. This letter granted Mr. Miller additional time to work on his property. His new compliance date was July 15, 2008. This letter was sent by delivery confirmation # 0300 6000 0001 8402 7359, delivered May 23, 2008m at 12:34 PM, as confirmed by internet U.S.P.O. track and confirm system. Letter is attached. July 16, 2008: A re inspection of the property notes there have been no changes. The building condition is still in a dilapidated condition, with rotted canvas on the roof, held with wood strips, gutters covered and exposed roof beams with obvious dry rot. It is apparent that there has been no work done on the house. July 17, 2008: A Notice and Order was sent to Robin D. Miller advising him of the City's intention to abate this house. July 29, 2008: This Notice and Order was cancelled. A letter advising Robin D. Miller that the abatement hearing had been canceled was sent via delivery confirmation, # 0300 6000 0001 8402 6260, delivered July 31, 2008, at 12:21 PM, as confirmed by internet U.S.P.O. track and confirm system. Letter is attached. An amended Notice and Order has been approved by City Attorney Mark Barber and is to be served on August 21, 2008. July 31, 2008: Robin Miller hand delivered a letter to City after 3 PM. He stated he wanted to appeal this action. Letter is attached. August 6, 2008: Police Officer James Gould requested a search warrant from Judge Terry L. Jurado. His request was granted. 3 August 7, 2008: Police Department personnel, Commander C. Karlewicz, Sergeant Tracy Wilkinson, Officers .lames Gould. David Adam, and Jason Hudson, met with myself, Paul Baker, Lead Code Compliance Inspector, David Pargas, Fire Department, and Larry Meckling, Building Official at 16855 125th Ave SE at 1:30 PM to make a visual determination of the interior condition of this house, via search warrant. Once the police had removed a plywood barrier on the back door, we entered the building to assess the condition of the house. I observed an interior that had been gutted of all electrical, plumbing and heating apparatus. The wallboard had been stripped and only bare studs were standing. Flooring was missing in many portions of the interior making it difficult and dangerous to walk. There was a "U" shaped brace on the front portion of the house that was a support for the roof rafters. I observed dry rot on the sill plate of the foundation at numerous places in the interior, both in the front and back portions. I observed piping that had rusted joints and connections that were left unfinished. A sewer drainpipe had been disconnected and was open. See pictures. I have attempted to work with the property owner to bring this property into compliance. Robin D. Miller has shown no intention of completing or making substantial progress on completing such repairs within the 90 day time period as required by Code. Mr. Miller was allowed more than the required 90 days to bring this property into compliance or to make a good faith attempt to begin repairs. While Robin D. Miller has stated that he feels his property is repairable he has made no effort to bring the house into compliance. And, after numerous attempts to gain his cooperation by meeting with him and extending his compliance date my case report was forwarded to Renton Police Department to issue a criminal citation for violation of Renton Municipal Code RMC 1-3-3C, Keeping and Maintaining a Public Nuisance. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. (Inspector's signature) signed on in Renton, Washington 4 SR08-0350 Robin D. Miller 16855 125" Ave SE Renton, WA. Photo Taken on July 16, 2008: On July 16, 2008, I revisited this property for an inspection. I noted there had been no changes to the structure of the house. The building condition is still in dilapidated condition, with rotted canvas on the roof, held with wood strips, the gutters were covered over and exposed roof beams with obvious dry rot were seen. These photos, Listed as photo # 16 and 417, shows extensive damage to the roof of this house, sagging front wall and vegetation growing through the roof. These photos accurately depict the condition of this house on the day the photos were taken. This house is in violation of RMC 1-3-5: "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days." Attached are photos taken on August 7, 2008. I observed an interior that had been gutted of all electrical, plumbing and heating apparatus. The wallboard had been stripped and only bare studs were standing. Flooring was missing in many portions of the interior making it difficult and dangerous to walk. There was a "U" shaped brace on the front portion of the house that was a support for the roof rafters. I observed dry rot on the sill plate of the foundation at numerous places in the interior, both in the front and back portions of the house. I observed piping that had rusted joints and connections that were left unfinished. A sewer drainpipe had been disconnected and was open. These photos of the interior of the house accurately depict the extensive disrepair of this house. Attached are photos #20 and # 25, taken on August 7, 2008. Also attached are two sheets of individual photos reduced to wallet -sized pictures, and a contact sheet with thumbnail sized photos. All of these photos were taken on August 7, 2008, and each detail the extensive damage and deterioration of this house. The structure does not contain the necessary elements of a dwelling unit that are separate living quarters with cooking, sleeping and sanitary facilities. This house is in violation of RMC 1-3-5: "Unfit or Abandoned Structure: Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days; or where the cost of repair exceeds the value of the structure once repaired; or such a damaged structure whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days." I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. (Inspector's signature) signed on in Renton, Washington 2 Date: March 18, 2008 Location of Violation: Owner(tax-payer) Issued To: Address: ORDER TO CORRECT 16855 125TH AVE SE MILLER ROBIN D ROBIN D MILLER 1814 SE 21ST PL RENTON WA 98055 Service Request No. SR08-0350 Violation Index No. C08-0183 An inspection of the above premises revealed violation(s) of the City of Renton Municipal Code and Ordinances listed below. Compliance or corrective action must be completed by 07/15/2008. If voluntary compliance is not achieved, a Criminal Citation MAY be issued. The penalty for a Criminal Citation, upon a finding of guilt may be up to ninety (90) days in jail and up to a S1000.00 monetary fine. CODE SECTION CITED: DATE OF INVESTIGATION DESCRIPTION OF VIOLATION CORRECTIVE ACTION: Renton Municipal Code 8-1-4 E& 1-3-4 11 c 3 03/11 /2008 Bulky Waste & Rat Habitat STORAGE OF BULKY WASTE 8-1-4 E THE CITY OF RENTON HAS ADOPTED REGULATIONS THAT GOVERNS BULKY WASTE. THE CODE SPECIFICALLY STATES "IT SHALL BE UNLAWFUL FOR ANY PERSON IN THE CITY TO STORE, MAINTAIN, KEEP, RETAIN, DUMP OR ACCUMULATE BULKY WASTE ON PRIVATE PROPERTY IN THE CITY". BULKY WASTE IS DEFINED AS "LARGE ITEMS OF SOLID WASTE, INCLUDING BUT NOT LIMITED TO ITEMS SUCH AS FURNITURE, LARGE HOUSEHOLD APPLIANCES, INCLUDING BUT NOT LIMITED TO REFRIGERATORS, FREEZERS, OVEN, RANGES, STOVES, DISHWASHERS, WATER HEATERS, WASHING MACHINES, OR CLOTHES DRYERS: JUNK VEHICLES, VEHICLE HULKS OR ANY OTHER OVERSIZED SOLID WASTES WHICH WOULD TYPICALLY NOT FIT INTO OR BE PERMITTED FOR COLLECTION AS GARBAGE IN GARBAGE CANS". IN THIS REGARD REMOVE AND PROPERLY DISPOSE OF THE HULK TRAVEL TRAILER, SHASTA, ON THE PROPERTY. POTENTIAL VERMIN/FIRE HAZARD 1-3-4 11 c 3 THE CITY OF RENTON MUNICIPAL CODE STATES THAT POTENTIAL VERMIN HABITAT OR FIRE HAZARD IS A NUISANCE. ANY ACCUMULATION OF MATERIAL OR DEBRIS ON A PROPERTY INCLUDING, BUT NOT LIMITED TO, ANIMAL MATTER, ASHES, BOTTLES, BOXES, BROKEN STONE, BUILDING MATERIALS WHICH ARE NOT PROPERLY STORED OR NEATLY PILED, CANS, CEMENT, CRATES, EMPTY BARRELS, DEAD ANIMALS OR ANIMAL WASTE, GARBAGE, GLASS, LITTER, MATTRESSES OR BEDDING, OLD APPLIANCES OR EQUIPMENT OR ANY PARTS THEREOF, FURNITURE, IRON OR OTHER SCRAP METAL, INOPERABLE MACHINERY OR EQUIPMENT, PACKING CASES, PACKING MATERIAL, PLASTER, PLASTIC, RAGS, WIRE, YARD WASTE OR DEBRIS OR OVERGROW OR TALL GRASS MORE THAN TEN (10) INCHES IN HEIGHT, OVERGROWN PLANTS OR OTHER OBJECTS WHICH ENDANGER PROPERTY OR PUBLIC SAFETY, OR CONSTITUTES A FIRE HAZARD OR VERMIN HABITAT; PROVIDED, THAT NOTHING HEREIN SHALL PREVENT THE TEMPORARY RETENTION OF WASTE IN APPROVED, COVERED RECEPTACLES. IN THIS REGARD, REMOVE AND DISPOSE OF PROPERLY ALL TARPS, CANS, WOOD, METAL, BLACKBERRIES AND OTHER ITEMS THAT MAY CAUSE VERMIN HABITAT OR FIRE HAZARD. Issued By: Marilyn Kamcheff Code Compliance Inspector Planning/Building/Public Works Department Development Services Division Phone No: 425-430-7269 RENTON CODE COMPLIANCE NARRATIVE SR08-0350 C08-0183 07/17/2008 Address: 16855 125" Ave SE Renton, WA. 98055 Violator: Robin D. Miller RMC Violation: 8-1-4 E — Bulky Waste Supporting Copy of Order To Correct — C08-0183 Documents: Track and Confirm verification 03071790 0002 9827 8290 First Follow Up Letter — 05/08/08 Track and Confirm verification 0300 6000 0001 8402 7311 Letter Received from Robin Miller - 5/15/08 Response Letter to Robin Miller Track and Confirm verification 0300 6000 0001 8402 7359 King County Certified Ownership Warranty Deed Photos NARRATIVE: Violation: Unlawful Storage of Bulky Waste Renton Municipal Code 8-1-4 E: The City of Renton has adopted regulations that governs bulky waste. The code specifically states "it shall be unlawful for any person in the City to store, maintain, keep, retain, dump or accumulate bulky waste on private property in the City." Bulky waste is defined as `'large items of solid waste, including but not limited to items such as furniture, large household appliances, including but not limited to refrigerators, freezers, ovens, ranges, stoves, dishwashers, water heaters, oversized solid wastes which would typically not fit into or be permitted for collection as garbage in garbage cans." Analysis: Service Request SR08-0350 was received and assigned to me on March 5, 2008. The nature of the complaint was bulky waste, outdoor storage in the form of a deteriorating travel trailer, Shasta brand. An on site inspection was conducted on March 11, 2008, confirming there was unlawful storage of garbage and recyclables in violation of Renton Municipal Code, 8-1-4-E. I observed a travel trailer approximately 20 feet long that has substantial front end damage. The damage I observed was connecting seams were sprung and gaping at least an 1" in width which allows moisture to penetrate the interior of the trailer. The side window was broken, the door panel protruded, and there are dents along the aluminum siding. I issued an Order to Correct (OTC) number C08-0183, dated March 19, 2008, sent delivery confirmation # 0307 1790 0002 9827 8290, delivered March 22, 2008, at 14:14 hours, as confirmed by internet U.S.P.O. track and confirm system, requiring the property owner to remove and properly dispose of the hulk travel trailer located on the property. May 12, 2008: 1 returned a call to Mr. Robin D. Miller. He said he was "in a state of shock" over my follow up letter advising him that he was required to have this property brought into compliance in 15 days. I explained that the Shasta travel trailer had numerous defects in the form of split connecting seams and broken windows that allowed water penetration. I also advised him that the insulation was protruding from the damaged areas and provided rat habitat. The exterior condition of the travel trailer with split seams and broken windows also has dented aluminum siding, compromising the water tightness of the sidewalls. May 15, 2008: Mr. Miller came into the office with a letter refuting the charges as listed in the order to correct, C08-0183. See his letter attached. During Mr. Miller's visit to the office we talked about his ability to bring this property into compliance. He indicated that he would like to have an additional 60 days to repair the travel trailer for possible resale. May 20, 2008: A follow up letter was sent to Mr. Miller listing the City's requirements for the violations listed in his order to correct, C08-0183. This letter granted Mr. Miller additional time to work on his property. His new compliance date was July 15, 2008. July 16, 2008: A re inspection of the property notes there have been no changes. The Shasta travel trailer remains in the exact spot where it was first observed on March 11, 2008. This travel trailer has connecting seams sprung and gaping at least an 1" in width which allows moisture to penetrate the interior of the trailer. The side window was broken, the door panel protruded, and there are dents along the aluminum siding. The condition of this travel renders it inoperable for street use, un inhabitable as a recreational vehicle and as such meets the criteria of bulky waste, which is in violation of RMC 8-1-4 E. 2 I have attempted to work with the property owner to bring this property into compliance, giving the property owner the opportunity to comply by extending the compliance date well beyond the normal 21 days normally allowed for bulky waste. My case report was forwarded to Renton Police Department to issue a criminal citation for violation of Renton Municipal Code RMC 8-1-4 E, unlawful storage of bulky waste. I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. signed on in Renton, Washington (Inspector's signature) �11 t o ' 1.1H / , I ", ". " I" I I I (" 4 j N J 1 .1 tl fl Ai F It! i% i1 4: f j I'l 4: ij R P I"( i: G y I j, U 1 0 E 1) L G L 'R F", EL 1) ") IN W N o t u I t y a- n im iCI C" ri 1. U, I::, -t I-) a n c "I o ci a F, r, -t i c I �:l r; .1 01, P ti I I'l p f . i'l -1 N A j .1 cl v. M 0 . r I ,i i i it I j. IA o t n cj o p L" R y L J U R 11 G T V f) p R r I N M f:, 1, r C. F 1 j J1'. 'f y 1::j I_ 'I D Tis i l C. 1-t j.,, Ci I t n r r, :k n o f I'd o t .4. 1- 1 .11 t: 1.) D P p 0 `a E N 0 J.. E F .1 "T N C J. 1. 6 0 J L. w t u d c i ir i ci o Iti 4i c o r ci o d o r i it p o N 0 2 T L. k P y L P i:,. E. 0 1 .1 L F L. I--' D f N T A P P L. Q 0 y [m I J' F E, IN 1.) !"1 0 0 rM 1:�, 1. 1 V F<J. y S ""' o v I':V, R 1) 1� y l) 1 f y 'f 'T 0 0 I r0 1, 1, 1 D M ("1 1:1111 y K f -I M Y 11 T N y W 1: f Y' R 1 F C. U I."I A R 1, 1 K C JU E N 0 N F. y li I D, I". I:: f I fJ as NUHICIP0 U Q K � NEMM h! it ii H I �SR --"021N DEAll CASE, CROOD95KH wpll� cry"Inso Nor- 1 raf 0 nqonqv No. 060?0! lz/Ah/200A =RING NOTICE SIAMS0, 50% PA/DEF', UPC 11LEy 1 51104140 vill GIV45 00T P 30PV OF DISCOVERY TODAY lN COURi S 11/19/2000 MOI Set for 01/14/2009 02:30 01 in Room 1 with judqe TL,'.j DIM READY Set for 01/2?/2009 0015 AN in Room J with judqo TLj AIR Set for 01/29/2009 0805 AM in Roo6 1 with judge TLj U Ol/H7/2009 D!FrNSE MOTIONS TO QUASH WPRRANI, SUPPkESS EVIDENCE, VOli) LEVIES ONO DIM195 ALL CRIMINAL CHARGES FILED BY ATY ROBIN 0 NALL0F. - NEVER To JU90'. SUBPEONA FILED BY CITY FOR MARILYN KAMCHEFF, DAINE MILLE!.1 01/00/20U9 rENORANDUN lN SUPPORF OF MOFION TO JOIN DEFENDANT'S AND CONSOLIDATE FOR IRIAL PILED BY AlY PA S ARTHUR jW05y REVIEWED MOTION S 01/14/2DO9 MOT on 01/14/2009 02:30 PN CNanged to Room 2 with Judge TIJ MOT: Held Pr9neolings Recorded on Tape No. 2sOUi CA RM I TPRRY L jURADO PH f MORENO JDLF APPEARED PRO SE AND CONFLICT ARISES WITH jUDGE jURADO PLARING CASE (SIGNED SEPRCH WARRANT) AND JUDGE lRANSFF0', CASE TO COURTROOM 2 FOR PRO lFM JUDGE SCHWARTZ TO HEAR CPSES OTRN 2 - CD 3n4J PRO TEM jUDGE MYCHAL SCHWARTZ PA DLr PKIPEARED PRO =10N RLVIEWEID 052 CITY REQUESTS MOTION TO BE SfRICKEN AND CASE PROCEED READINESS AND JURY TRIAL AS SCHEDULED 9:53 DEF RDVISED HE HAS NO! RECEIVED DISCOVERY Arb; COURT DOES NO STRIKE MOTION BECAUSE CITY DID NO! FILE DISCOVERY TIMELY j;55 COUR! NOTES CITY HAD 2 WEEKS TO RESPOND TO DEF`,'-�� BRIEFING - CITY REQUESTS TIME TO PREPARE TO RESPOND 305 CITY REQUEST SPEEDY BE TOLLED J06 CITY MOVES FOR A CONTINUANCE TO REVIEW DOCUMENTS va, couRT Gmrs CONTINUANCE 06H SPLEDY TOLLED 309 COURI CONIINUES MOTION 2 WEEKS 000 CITY BRIEF DOE L/25/DiA 4:00 DI::.?` REQUESTS MORE THAN THE 3 DAYS TO PREPARE RFSPONSr':. fO CITY"S BRIEF WHEN FILED o 0 l ICE OBJECTS 10 CON IINUING GRSE PEYOND THE AnOR GOURF CONIINUES M0110N UNfIL 1/20/09 AT 2:30 P.M. -- DOCKet continueo on nqxf pay'' Emm 0v >LNDP AT r ''ik, ROBIN B[Q� lEX! - uont/nuo,� U 01/14/2UQ9 C7RN 2 %:Gy NEW QO DAYS IS 2/27/09 (30 DAYS FROM 1/=08) 109 COSES TO DV HEAR0 DEP0HE PRO YEN 5CHWAR0' 406 0I7y TO FILL BY EMAIL/HARD COPY BY l/25/0G A:ll ADDRESSES PROVIDED TO CITY PROSECUTOR 405 DEF REUU[STS HIS WIFE'S CASE DE HEARD WITH HIS 4:16 GlTY ADVISED THEY FILED NOTION TO 30IM 017 DEF ADVISED WIFE IS REPRESENTING HERSELF 1119 CSSRT ADVISED UIFE'S CASE CANNOT DE DISCUSSED WI1H0UT HER PRESENT 020 COURT ORDERS CASES 310INED AND ORDERS CASES SEY TOGETHER 022 DEFENSE OBJECTS ON JOINDER OF CASES W/HIS WIFE'S 023 COURT ADVISED THAT CAN BE ADDRESSED AT HEARING ON l/38/D9 HO[10EG SIGNED, COPY TO DEF, CC: PA «^CSSPECTION: CHSES CR47881, Cm55S ANQ CR47855 An]. TRACKING TO6F7HE9**. MOTION TO JOIN TO DE DISCUSSED AT MOTION HEARING ON 1/28/09. 01H READY Reaoheduled to 02/10/2009 OB:15 AM in Room l with judge TLJ 3l@ Rescheduled to 03/12/300H 08:15 AM in Room l with Judge TLJ n0T Sat for 01/28/2008 02z31 PM in Room 2 with judge 1L� DEF. M0VI8N rO STRIKE AND MEMORANDUM OPPOSING CITY'S MOTION TO JUIW & C0MDOLIDATE FILED BY DEFENDANT ROBIN MILLER - REPERRED TO JUDGE SCHWARTZ JUDGE SCHUGRTZ REVIEWED NOT]O@ DECLARATION OF SERVICE OF SUBPOENA FOR WITNESS DIMNE MILLER PILED BY ADC - COPY TO CITY PROSECUTOR REQUEST FOR DUPLICATION OF TAPES FILED BY DEFENDANT - PAI� ON CR47b55 CnLLED & NOTIFIED DEFEND8Nl CD READY FOR PICK-UP Al' FRONT COUNTLP MO9EN0 DECLARATION AND PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO SUPPRESS AND DISMISS FILED BY PR0SEC MVRENO - 10 PRO TEN SCHWARTZ DLF RENEWED 0DJ[CTI014 TO C0N[INUANCE OF HEARING & DELAY OF TRIAL FILED - TO PRO TEN SCHWAHTZ DEFENDAN14 N07I0h TO STRIKE PLAINTIFF'S UN7IMLEY REPLY & ATTACHED HEARSAY EVIDENCE FILED BY DEFENDANT ROBIN NlLLER - REFERRED TO JUDGE SCHWARTZ M0Y: Hold Proceedings Recorded on Tape No. 3:12 ;YtHAL 5CHWAR7Z PA S. AR|HuR DLFENDANT APP[ARED PR�-SE M01IO#5 F0K DIANE AND ROBIN MILLER HEARD TOG[THFR CITY NOTION FOR JOINDER DISCUSSED. Dl8NE MILLER OBJECTS S 01/15/?0O9 U Jl/0/2D08 Ol/23/2UO8 Ui/I7/2UO9 5 U}/28/Z0Og � CASEZ CPQ038568 HP� (riwin"l No:-T;6ffiC AqnU�y No. 30073� Dook*t confinuol on noXf pag� T i S 00 r i I. ki_ i IPA6LU U5/0/2009 011� 0 0 C K L ICI uvlmunml 0 k4w, ROWN bhpll 0 y G00% OP0019she Rp) Grimna; Non-! raf &�i Amoy No. P Ci/26/20U9 AND MOVES TU STRIKE FOR LRCK OF SERVICE. CITY STATE..3 PLP00 jN THE !HE NAIL WAIV PNOUF9 JOINDER MOTION RND CITY DOES NOT PLAN ON USJN,'.. 5105 FROM EITHER PARTY IN THE OTHERS Cn0.:.L 515QUKSIOM HELD RE&PRDING SPOUSAL INCOMPETENCE AND/Oi-� SPOUSAL 1MMUN14Y 011Y DOES NO! 8ELIEVE THAT EITHER PARTY HAS NAMED 0!HLP PS A W11NES1,. DIFUNDONr ROBIN MILLER ARGUES fHE JOINDER MOTION AND RLFERA TO CASE STATE V. WH10.. COURT SATISFIED THAT GIVEN THE CASE LAW THAT JOINDER OHNNOT HE ACHIEVED OND UNLAWFUL - MOTION FOR JOINDER DENIF4 DAkNK NILLER NOVCH TO QUASH THE SUBPOENA - GRANIED RECLSS "TAKEN 313b GASP RKSUNE6 3:46 PLRSUANT TO RULE b.15 WITNESSES EXCLUDED FROM CfRM AND, LXIENDS RULING TO EXLUDE MS MILLER WHEN MR MILLER CASE HFARI'll AND Nk MILLER WHEN MRS MILLER CASE HEARf) DFUENEF NOTION RENEW OB3ECTIGN TO CONTINUANGE OF HEARING PND DELAY OF TRIAL. CITY ARGUES MOTION AND MOVES 10 STRIKE. COURT NOTES !HE OBJECTION AND OVERULES THE 00POTION.. DiSCOVERY WAS NOT MADE 2j DAYS FROM PEQUEST. COURT' PDVISES SHOULD HAVE MADE A M01ION TO CONPEL. CITY VIOLAIRD !HE 2L DAYS, DEFENDANT DID NOT FILE M011ONS W/IN 14 DAY,5, UP iHE PREIRIAL ORDWR. COURT FOUNO 600D COUSE TO TOLI.. SPCOGY TRIAL TO ALLOW CITY TINE TO RE9POND TO DEFENDAH0', NOY10N. COURT NOTES RENEW OBjEC110N AND FOR SAME RLAS011 OYLRULED ON 1/14 CONTINUED TO OVERULE TODAY., j;5? bEFENEF N01ION 10 STRIKE PLAINTIFF'S UNTYNELY REPLY & AfTACHED HEARSAY EVIDENC 3:51 DEFENDANI SWORN —IN & TESTIF10.' 309 CITY HAS NO QUESTIONS 000 CITY MAKEG STATEMENT TO THE COURT CITY EXHIBIT $1 MARKED FOR EVIDENCE - DOCUMENT SHOWINO LMNIL CORRESPONDENCE 000 DEFENDAN! MAKES RESPONS[:� 4:05 CITY ADVISES MADE GOOD FAITH EFFORT 401 COUs. r SAITSIFIED BASED ON CITY EXH. 41 THAI THE G11Y PTY'S OFO NPUE SUBSTANIIAL EFFORT TO COMPLY W/THF COURr omp. CITY ATY'S OFFICE lN COMPLIANCE WIFI-I AHE COURT ORDER AND FILED W/COURF ON FRIDAY AND PLACE!) IN MAIL TO fHE DEFENDANT ON FRIDAY 500 DISCUSSION HELD RE, DECLERAITON OF MS. MORENO COURT STREKES !HE DECLERATION lN IT'S ENVIRElY DclLN0 oBjECTION N010) 015 DEFENSE MOTION TO QUASH WARRANT, SUPPRESS EVIDENCE, YOID LEVJES AND DISMISR ALL CRIMINAL CHARGES kslG DEFLNDANTS RIGHf TO LAWYER REVILWED AND DISCUSSED kmwot continued on next paqs,, � 0 (U "whX vkf�i PE 4 f ON MUN TV Gpon COUP f PH OF CKZi21200Y onk Q,� 0 0 P K F � DKI [ NPHN 11 r np ..ROBIN DEpi,1 T L A � GmQnwm,� U ul/VH/2009 FOR P6PPOSR5 OF f9DAY'n HEARTNO DQFT HAS WnIVRIO RJAH1 10 AllukwEy. COURT TPKLS NATAER OF WAIVER OF RIGHT TO LRWYEk'' TODAY AND AT FUTURE PPOGEEDINGS ONDER PDVISEMC& 40? PFFENSE APGUIS NOTION OBjECTING TO CITY ADOPTING RCuj 000 100 THEIR CODE AND OBjECTS TO THE CITY NO'' RKSPONDING !N THEIR BRIEF. LEGALITY OF THE 9FPR0--1 WARRANI DISCUKSED 405 CITY ARGUES DEFENSE ARGUEMENT ON LIMITINC THE CITY TO CHOOSE EETWFEN 0 CRIMINAL OR CIVIL CHARGIF: 5:07 RECESS 511? RLSUMI� 5:29 DISCUSGION CONTINUES REGARDING CHARGING BOTH CRININA�- AND CIVIL iNFROCTIONS. 1-3-00, nS NOfED IN VrP BRIEF: 041 DEFENSE ADDRESSES A&HORITY OF THE ISSUANCE OF WARRANT 5,53 OOURT NOTES ALL MOTIONS HAVE BEEN ADDRE550) 5m morioN TO QUASH SEARCH WARRANI - DENIED 1N TOTAL. COURT PINDA WARRONT WAS AU7HORIZED. RCW 35.BC DOES NOf C Rk AT A CONF L1C 1' b0l MOTION FOR ORDER DISMISSINO CRIMINAL CHARGES - DENIEO COURT FINDS CIVIL CHAPOES AS A SEPARATE PROCE05 COURT FINDS CITY HAS NOT VIOLATED !RW 00b CASE TO PROCEED 1*0 WDY & DEFT REMINnED OF COURT DATL� UTH READY; Not Held, Hearing Gancelw'j U10 Helcl, Prunoodings Recorded on Tapo No. 00-; IERRY L JURADO CITY REPRESENTED 2Y PA NEWSOM DEFT APPERRED W/ ATTY K. DAVIS =rNSE MOTION TO CONIINUL� PKR JU00C jURA00, HE WILL NOT HEAR A MOrION OW !HIS Cn0:: HOWEVER jUDGE PRO fFN JLNSEN & AVAILAELL: CASE PASSED FOR PRO 1EN OVAILABILITY 9,40 CN5E RECALLED JUDGE PRO TEM KRIS jENSEN DEFLNGE MOTION TO CONTINUE - ATTY DAVIS IS NEW ON THIS CA0::' AND fS NO! AVAILAEs' LE FOR TRIAL AT THIS TINI.-: city osjEcfS COUP! GRANT5 MOTION 40 CONFINUI-'.� CITY PROVIDES DEFENSE W/ AMENDED WITNESS LIST AND 1HAT AM PMENDED COMPLAINT MAY BE FILEIG G11Y REQUESTS FRIAL ON SAME WEEK AS CR47661 FOR EFFICIENCY OF COUP!, PAPTIES, AWD WITNESSES, C11Y OfiECTS TO ANY NOTIONS BEING RAISED BY DEFENSE 011 NATTLRG PREVIOUSLY ADDRESSED NOTION AND UNDER FOR CONTINUANCE AND RESETTING OF' GONMENOEMENT D= FILED BY A71Y DAVIS - CITY OBjECTS MOrION TO CONfINUF GRANTED AND SIGNED EY jUDGE PRO TEM =0111 CniEv GRO03OS69 pv? Aqoncy No. 09-0 S J2/iO/2004 Vookal continued on next pap,.-- P010N NO&WIP0 coup; A�Emw � PLVF9010 Gnshn cRounqG62 Griminsi Non- f rsi f Aqenoy No. 05-04. U 02/10/200Y SPELDY iRIAL CONMENCES fOD6� NOTjOb TO APPEOR SIONLD; CC: CITY, A11Y DR=.:; N04CII OF APPEARANCE, I.:: MIND FOR jURY TPIPL, DEMAND FOR DISCOVFRY, lILL OF PPRIFICULnRS nND OMNIBUS PPPLICP1!&-,4 !!LED BY HTfY KIRK DRVI'':, nTY 1 DAVIS, KIRK CHARLES Added as Partimpant JfR on 02/12/2004 0015 Ali in Room 1 with judge 1LJ Cancelod M01 Set for 03/04/2009 02:31 P,`-, in Room 2 with Judge TL..j OfH READY Set for 03/1?/2009 0015 AN in Room I with judqo TLJ jyR Set for 03/19/2009 0015 A''i in Room 1 with judge TL.. - i I. 0/01/2009 SUEOENA FILED BY CITY FOR MARILYN KAMCHEFF, OnRY PALMER, GEORGE RUNNI:� DEFT GIVEN NOTICE W/ INCORRECT 3TR DATE AT FRONT COUNTER CORRECTED NOTICE MAILED TO DEFT; CC: CITY, ATTY 02/id/2009 FILED BY LM, PEC UMPBLE TO SEPVE OEORGE RUMME. CC01TY 0206/20U9 SUBPOENA FILED BY CITY FOR MARILYN KANCOEFF, GEORGI:` RUNNE, GARY PPLMER 0211(12000 DECLARATION OF SERVICE OF SUBPOENA FOR WITMESS GARY PALMER FILED ICY ABC - COPY TO CITY PROSECUTOR V/0/2009 FILED BY LM, OBC UNABLE TO SERVE GEORGE RUXWE, CCvGily .212312009 DECLARATION OF SERVICE OF SUBPOENA FOR WITNESS GARY PALMEl','' FILED BY ABC - COPY TO CITY PROSEGU40R 02/25/2009 DEFENDANT'S MOTION AND MEMORANDUM FILED BY ATY EJRRQU�:A' ANO Ply DAVII-3 - REFER TO JUDGE SCHWARTZ Oj/02/20aq AMENDED CRIMINAL COMPLIANT FILED BY PA S ARfHUR DEFENDANT'S MOTIONS AND MEMORANDUM FILED - TO JUDGE SCHWARTZ 5 01/04/2009 MOT; Held Proceedings Rocorded on rape No. 030 PPO lEn MYCHAL SCHWARTZ PA. s. nRIHOR DEFENDnNI APPEARED WIPTY KIRK D=�-`, GOURF PLACES ON RECORD DISCUSSION AT PRIOR NOTION HRG. Oil .1120109 OF HIRING OF COUNSEL AND CONCERNS OF COURT OF D11FRNSE COUNSEL REQUESTS FOR CONTINUANCE AND DELAY,. COURY REYIEWS COURI DOCKET COUNT DISGUSSES JOINDER NOfION ON RECORD OF DIANE MILLER 005L fCR47511) AND ROBIN MILLER COSES 000568 & CR47655'' THAT COURT DENIED ON 1/28/09. COURT DISCUSSES DEFENSE jOINED MOTION FILED 3/2/01,..,) BY ATY EJAkQUE AND ATY DAV0�-', COURT NOTES RMENDED COMPLAINTA FILED BY C11Y ON 1/2/0�.-; COUNT NOTES HIRING OF COUNSEL IS NO LONGER AN ISSUE BEFOR!'' fHE COURI AS PRIOR jUDGE HAS ALREADY ALLOWED COURK ADDRESSES PMENDED COMPLAINIS FILED BY CITY Docket =Ilnued on next pag'�'- Imm [0 Quip7po v?l:l is/ 1 v " 2009 q A l MUNICypni U 0 K 0 I fq9F; =0=65 Grimynni Non-! rof f k' A q on co No. 08- 8 13. 40 - Gan0mond H 05Q*;200q COUP! POVISES 10 NUT INCLINED rO PROCVED TO MOYXONS FILUP KkI 49 DEbLNSE WPIVED RIGHT TO HDDlflONHL 101ION` A! PRIOR NOTION5 DATE.. COURT NDVISES IF THE CITY CHOOSES TO ANFND !HE CMAW6ES W10. n[LOW DEFENSE GONIINUAN0:-. COURT RDVISES DEVENSE COUNSELS jURY TRIALS WERE HE HELO ON DIFFERENT jURIES CITY WITHDRAWS LEACH COMPLAINTS - AMENDED COMPLAINTS W/DRAWN GOURr NAMES CHARGE ON THE RECORD OLAINSE COUNSEL KIRK DAVIS REQUEST DEFENSE BE ALLOW TO PROCEED WITH ADDITIONAL NOTION.. NEGESS TAKEN 5:02 CASE RESUMES Al 5:05 PNOSECUTOR, T. MORENO, PRESLN! PNO MOKES SIOIEMENI tn99 PORTION OF PROCEEDING FROM 1120109 PLACED ON RECORD OF DEFENDANTS STATEMENT WAIVING RIGHTS TO ARGUE 159UE.3 OF LAW 6:16 DEFENSE COUNSEL DAVIS ADVISES J906E 3ENSEN RULED THA's FUTHER MOTIONS WOULD BE ALLOWED 5118 CITY oEjEcrS '',vig COURT ORDERS HEARING RESET 504 &OUR! ADVISES 1S RESETTIM6 TO LISTEN TO PRIOR READINEQi HERRING., 90-0025 CITY ADVISES THE STATUS QUO WILL HE CHANGED IF PURfHER M01IONS ALLOWED GETY PLACES ON REGORD OBjECTION TO GOING TO ANOTHER DRfE OTHER THAN STRA16HI TO REPOINES',) 50b COURT NOTES PROCEDURAL MOTION ON 3/16 IV COURI ALLOWS ADDITIONAL MOTIONS HEARD & THEN THE CITY FILES AMENDED COMPLAINTS MOTIONS WILL BE HEORD Af ANTOTHER MOTIONS DATE 023 DEFENSE REQULSTS HILI OF PARTICULARS FROM CITY GOURf WILL NOTIFY PARTIES OF DECISION PRIOR TO 3/16/09 H'. RRGEIVED REQUEST FOR ATTY DAVIS FOR COPIES OF CD FOR HEARINGS BGf) ON 1 29-09 AND 2.... 10-09 DEF'S ATTY SIGNS NOTICE FOR ?Er - COFY TO DEF, CC: PA, ATTY Tj� 03105/2009 PINDINGS Of FACI AND CONCLUSIONS OF LAU REGARDING COURT'S Si. DFCTSIQN ON HEARING ADDITIONAL MOTIONS R ORDER REQUTRING THE CITY TO PROVIDE A HILL OF PARTICULARS FILED BY 3UDGE SCHWARIA'' GOPY PAXED TO DRVENSE ATTORNEY & C17Y PROSECUTOR VERIFICATION FAX WENT THROUGH TO ATTY DnVIS & CIfY PROSECUTOR PLPCF0 lN FILE CLERK CALLED ATTY DAVIS AND ADVISED HIM OD'S WERE READY Bsrl HOWEVFR THERE IS A $10 FEE POR EACH CD - HE STATES HE Wlu MAIL A GHECK - GD'S HELD ON REA DESK AWAITING CHECK, MOT Set for 03/16/2009 0100 PM in RoQm 2 with judge TLJ U 92/11/2009 RECEIVED CHrCK POR T20 FROM P17Y DAVIS - CD'S MAILED ALONG PSA WITY COPY OF DOCKF, VvcvQt continued on next pay., yD1`52J5X 8511'', PbN[Oh N�NiCIPAL COURT PA0E: 8 c5/izi2O0O . DL17 0 0 G K E ? CASE% CROQ3956B ZPD DEFLNUAN: Criminal Non- lraffi� y-/CEk, R00|i QEAll AgenCy No. OB 8y0: 'LXT - C00000"U 5 :3111/2008 007Ul00524 Misrell6GvOmS Payment ReC91vo"] 20.00 B01 for COPY/TAP[ F[ES 03/16/20L|g MOT; Hold lJS Proceedings RxnordmH on Tape No. 1:21. ; PRO }FM MYCHAL SSHWART% PA S AKTHUR. DEF APPEARED W/ATTY KIRK DAVIS 0200 PARTIES RETURN TO COURTROOM 0200 COURT ADVISES MISNQN0SEMENT BY CITY PROSECUTOR'S GFFICE ]UDGE WANTS 70 KNOW WHO DID NOT NOTIFY CITY PR0SECU10','' OF JUDGE'S RULING - HIGHEST LEVEL IN CITY PROSECUTOR'S OFFICE TO RESPOND TO P@0 75M JUD$F SCHWAR7% XILL OF PARTICULARS WAS TO DG FILED BY CITY 02:11 COURT ALLOWS MOTIONS AND AMENDED COMPLAINTS TO DE FIL[0 0207 DEF MOVES TO DISMISS PER PROSECUTORIAL MISCONDUGT 02:l7 COURT DENIES MOTION 02,21 COURT RULES THAT CITY PROSECUTOR CAN FILE AMENDED COMPLAINTS AND DEVENEE WILL BE ALLOWED TO FILE NOTION'' 02:23 COURT WILL ALLOW CITY TO FILE THE AMENDED COMPLAINYS FILED PREVIOUSLY AND WITHDRAWN - CITY WILL RESERVE ON THAT AT THIS TIME 02:25 CITY ADVISES IF MOTIONS ARE HEEDED, CITY WILL ASK THAT PREVIOUS LEACH COMPLAINTS WIFHUKAWN, FILED HOHIN 02:26 DEFENSE HAE PREVIOUS AMENDED COMPLAINT,; 02:27 DEFENSE ATTY EJARQUE ASKS A80UT PREVIOUS M0TI0N5 02:38 COURT DOES NO! WANT 10 RELITIGATE PREVIOUS MOTIONS, 8UT WILL HEAR NEW MOTIONS C2:45 OPC FILED AND REVIEWED BY COURT - DISCOVERY ISSUES DISCUSSED 02:51 COURT ORDERS CITY TO PROVIDE DOCUMENTS RE: CIVIL LITIGATION - COMERS REVIEW BY COURT, BEFORE PROVIDINS lU DEFENSE - CITY RESPONDS, 02:53 0ITY REQUESTS DEFENSE TURN ALL DISCOVERY OVER TO THEM RE: CIVIL LTT1601ION/ ALSO O206 DEF ATTY KIRK DAVIS RESPONDS RE: DISCOVERY IH CIVIL LITIGATION - ADV DIFF S34VATI0N IN DEFENSE CIVIL CAS[ 0207 COURT RESPONDS - !HE CASE [rSELF IS BEING LITIGATED 03:00 CITY 353ECTS - NOTED BY THE COURT 0305 0PC DISCUSSED - COURT ADVISES NO FURTHER MOTIONS WILL DE ALLOWED AFTER NEXT MOTION HEARING 03:0 0PC DISCUSSED 03:18 DISCOVERY 10 HE PROVIDED BY 03;18 AMENDED COMPLAINTS TO DE FILED BY CITY O3:21 D07I0N/ kEADZNESS AND JURY 7KIAL DATES SET W/PARTIES 03:22 DEF TO FILE DRIEFS DY 4/6/0�;; 03:22 clTf lO RESPOND BY 4/10/08 0306 PRO TEN JUDGE SCHWAGTZ IS THE ONLY 3U§6E TO HEAR M01IONS, READINESS HND JURY TRIAL. O3:26 COURT SEVS |101I0H HEARING ON 4/13/09 AT 000 A.M./ Dnrkvt continuwA on pwx{ pay, oD/U20kX 0A nFu7CW NON TCIPAL noURT PA6[: 0 />s/l2~'2dO; 017 �0S[� CROU3Q�G8 �7D DE|uN Criminal Non-Truf!|c |` 'i8, R09IN DoA� Agency Hu. Do- 873� owntinUe'! o 03/lb/2809 READINESS ON 5/5/09 AND ]URY TRIAL ON 5/7 AHD/OR 5/S/09 T0'. U3:29 COURT DI9G=ES JOINDER ISSUE K0LEO PREVIOUSLY - WILL HAVE MOTION HEARING ON SAME DATE OPC bIL[D & SIGNED DlSGDvERY ORDERED TO BE COMPLETED NO LATER THAN 3/31/09 0RC FILED & 00NED =10uS: MOT 10 DISMISS FOR VOID FOR VAGUENESS R UTH&R CONSTITUTIONAL I5SUES LNSL THOSE BRIEFED BY QEV'S 2/25/09 �X' NOTION BISM156 FOR FAILURE UNDER 1.3.3(E)(1=2) TO SECURE VOLUNTARY CORRECTION, KNApSTAD & POSSIBLE 6TH 0MEMDNLMT CIT WIT FOR MST & JTR: OFFICER GOULD, MARILYN KHMCHEFF^ GIT WIT FOR ]TR: GARY PALMER AND GE0R6E RUNNE tB0TH P'S.) DEF WIT FOR JTH: DEF MAY CALL EXPERT WITNESS REGARDING VALUE OF BUILDING K[PnIRS. NAME, ADDRESS, PHONE & EXPECTED TES1IM0NY TO DE PROVIDED 14 DAYS PRIOR 10 TRIAL. CITY 70 AMEND COMPLAINT PRIOR TO M01IN HR6 - 2 0TS ON EA CASE 0447650 CT l: NUISANCE - JUNK VEHICLE (RMC 1-3-30)' 1-3-4(A)(11)(C)W CT 2: NUISANCE - UNFIT OR A§AWD0NED SlRUCTUR[ (RMC l-3-3(C), 1-3-40](11)(C)122) CR39468: Of in SAME AS GT l (DIFFERENT DATE) ADDVE CT 2: SAME AS C{ 2 (DIFFERENT DATE) ADOVE BRIEFING SCHEDULE: DEFENSE DUE 4/6/09 CITY RESPONSE DUE 4/10/09 CITY PROSECUTOR NOTES 0BJECf1ON IN WRITING ON THE 0PC RE: DI3CSV[RY - THE CITY ZS ORDERED 70 TURN OVER MATERIALS RELATED TO THE CIVIL LITIGATION RELATED TO THEIR PROPERTY IN ACCORDANCE WITH CRRL3 4.7 TO [HE EXTENT THE CITY BELI[�ES WORK PRODUCT MAY DE INVOLVED' DOCUMENTS MAY DE SUSMITTED TO THE tOURl FOR IN CAMERA REVIEW NOTICE SIOHE3/ COPY TO DEF, CC: ATYY, PA S 0307/3008 NOl Set for 04/13/2009 09:00 AN in Room 2 with judge TLJ 011-1 READY on 03/1//2000 0015 AM in Room l with Judge TLJ Cancolo� 1TP on 03/19/2000 08:15 AM in R**N l with Judge TLJ Canceled NOT on 04/13/2000 DU:OO AM in Room 2 with Judge TLJ Canceloj MOT Sot for S4/13/2009 09:00 AM in kv*m 2 with judge TLJ 07H READY Set for 05/05/2008 08:15 AN in Room l with Judgw YLJ JTP Set for 05/07/2808 00:15 All in Room l with judge lLJ U 04/02/2009 S08p0[NA FILED BY CITY FOR NMRILYN KAMCHEFF/ GEOR8E RUNNE, JtS OARY PALMER 04/06/2089 DEFENDANT'S MOTION AND MEMORANDUM FILED BY ATY KIRK DAVIS - REFE8 70 ]UPOE Docket continued on next pay, YKNIUN mu0uipwL COUP..' 0 0 2 K E -11 PAOL n I I ) a Rom byw,:� U05EL CR00395h• p Rpl) Griminal Nom-lvalv& Oqeroy TFXT - confinuvi U Oo/10/2009 DECLnRATTON OF SORVIGE Of SUEPOENA FOR WITNFSS GARY PALMrR ?T[FD hy REC - COPY 70 CITY PROGEOUTOP 01CIARATION OF EVRVICk 01 SUBPOENA FOR WITNESS GE=i". RUNNE FILED BY ABC - COPY TO CITY PROSEC0101',' 5 51/13/2009 M044 He!d Procoodings Recorded on Tapo No. 9204 0 PRO TEM MYCHAL SCHWARTZ PA 5 PRTHUR PEP OPPEORFO W/PffY KIRK DAVI!:,' G11Y MOVES TO REINSTATE LEACH COMPLAINTS IN FILES AND DEFENDANT'S ARRRIGNED FORMAL READING WAIVED AND ENIKR!', PLVA Or NOT GUILTY ENTERED DEP OOJECTS TO COMPLAINTS SO NOTED DITCUSSION HELD REGARDING MOTION 10 jOh4 Gj[Y 10 RESPONU TO COURT IN RESPONSE FO QUESTIONS ASKED, CY AUDGE - 10 RESPOND BY 5/1/09 10 !HE jUDGE BEFORE RDY oily RESPOND,; TSPjDEH902 DEFENSE NOYIOO ISNISW/REUICE THCHARGE,:? Or NUISANCE, RMC 09,26 DEr MOTION TO DISMISS RE: COLLATERAL ESTOPPEL 0900 DEF NOtION TO DISMISS PURSUANT TO STATE V. KNAPSAPj) 0903 DEF REQUESTS CT 1 E5SENTIAL ELEMENTS ARE NOT INCLUD0,F' 0045 CITY RESPONDS TO DEFENSE NOTIONS AND ADVISED IN E R 1 E F 0054 COURT RESPONDS RE: CITY'S AR6UMENT RE: ORDINAN00�� 00,55 COURT RESPONDS RE: KNAPSTAD NOTIONS ON MS. MILLE5 - J., CA5E OR47661 - COURI ADVISES THEY DO NOT HAVE ACGI&a AND EAS NOT EEEN PROPERLY RAISED PD:51 COURf RESPONDS REs COLLATERAL ESTOPPEL ON MILLE!%' CASES GRA0568 AND CR4051-'; 090Y DEP RESPON05 RE: COLLATERAL ESTOPPEL. AND ADVISES THESE !SSUES ARE !DENTICAL AND THEY 0 B j E C T 1002 COURT ASKS 1F COLLATERAL is SIOPPEL AND DOUBLE XOPARDY ARE THE SAME ON THESE CASES - DEF AGREES THEY ARE rHI::: s 0 m [�: 10%05 COURT FINDS AS TO ROBIN MILLER, THE CRITERIA OF COLLATERAL ESrOPPEL 1007 COURf QUESTIONS DEF - VEHICLE WAS RENOVED PROM PROPERIY TWO MONTHS AGO 1901 COURT ASKS CITY REGARDING ROBIN MILLER CASES PND if DIANE MILLER WAS W01IFIED OF ALL THE GORRECTION NEEDED ON THE PROPERTY - CITY RESPONDS 1004 GOURT ASKS C11Y IF DEF DIANE MILLER KNEW OF ALL THE CORRECTIONS WEEDED - CliY'S BRIEF DISCUSSED i0alb COURI DISCUSSES REw VICLA110N OF KING COUNTY PRIOR TO ANNEXA110N RE: MUNICIPAL ORDINANCES - CITY RESPONDS i0l? COURT DISCUS5FS KING COUNTY VIOLAIION AND DEF DIANF. MILLER HAVINk KNOWLEDOF - my REspomm.:', oockei continued on next pap, mmm H ahm�kkA yn nEmfoN NON CC EPA; COUP'! 0 C K L GAGEn CRUKDqs6o RF�) C 4w inn! Non-Tra f fic I .v Q Kopko 041,nqenny No. U 04/13/200Y 1025 =Rf qSKS Gift R& OWNERSHIP OF PPOPLYfY Qm2P DJAGUBSION HELD RE; CRIMINAL CITAFION BE= CORRECTLY 19SUED TO DEF DIANE MILLER - CITY RESPOND,`.", 1500 COURT RESPONDS 10 MOTION TO DISMISS RMO 1-3-30) ON rH!� GROUNDS OF THE ORDINANCE 1S UNCONSTITUTIONALLY V011) FOR VPGUEWE&'i 1039 GOURT FINDS CT9 I ON BOTH CASES ME! THE REQUIREMENTS, EUT CITY TO FILE HILL OF PARTICULARS 1001 COURT FINDS CT 2 HAS MET THE REQUIREMENTS. HUI' CITY TO FILE SPEC0IC iNFORMATION - CITY RISPONDS� PDVISING GOING FORWARD WITH Cf 2 104A COURT PESPONDS RE: KNAPSTAD - NOT APPROPRIATL: COURT RESPONDS RE: COLLATERAL ESTOPPEL - DENIED 1045 COURT FINDS ALL N011ONS DENTED 1006 DEFENSE REQUESTS ODDITIONAL INFORMATION BE ADDED TO FILE - COURT WILL TAKE UNDER ADVISEMEN7' 1049 GOURT FINDS ISSUE OF KNAPSTAD CAN BE EROUGHT UP MORIN 10151 COURT DISCUSSES WHY HE WAS TAKING UP ISSUES OF R0111,4 MILLER GASES FIRST, THEN DInNE MILLER . 1100 DEFENSE SPEAKS RE' HILL Of PORTICULARS DUE BY CITY .11:25 WOURT ADVISES CITY TS TO PROVIDE A STATRMENT Of: JNDICATION UNDER WHICH PRONGS CITY 19 PROCEEDING UNDEF., ON )UNK VEHICLE BY FRIDAY -1121 CASE TO PROCEED TO READINESS AND iURY TRIAL. Charge 2 .mended too NUISANCE DEGLARRED UNLAWFUI Case Hoard Before judge SCHWARTZ. MYCHAL H Yviandant Orrmigned on Charge '�j Plea/Response of Not Guilty Entered Qn Charge '3� 3UDGE rILES MEMO TO CXTY ATTY SHAWN AprHUR WITIH OUTSIANDING QUESTIONS FOR RESPONSE - A RESPONSE TO THESI.:. JULS11ONS ARE DUE BACK NO LATER THAN 1 P.M. ON 5/1/05 COPY OF MEMO SENT BY FAX TO ATTY DAVIS' DUDGE GIVES COPY OF MEMO DIRECTLY TO CITY PROSECUIDN' GAGE PILED kEADINESS 04/11/2009 RESPONSE TO COURT ORDER REGARDIN6 RMC 500 SECTION'S 30; FILED BY ATY SHAWN ARTHUR 0B/U&/200w PLALNTIFF'S REPLY TO DE: FTS MOTION FOR RECONSIDERATION FILED Lk-11 5 05/CS/200D OTH READY2 Heb! Proceedings Ix: ecardec on Tapo No. 9:00, II jUDDE PRO TEM MYCHAL SCHWARTZ CITY REPRESENTED BY PA S. ARTHUR DEF1 PkESENT FOR READINESS W/ AT1Y K. DAVI-'S, COURT DURESSES DEFENSE MOTION TO RECONSIDER VEPENSE ORGUES RE CHANGE IN THE CITY ORDINANCE FROM A CIVIL iNFRACTION TO A CRIMINAL VIOLATION - DOES NOT BELIEVE THAI' THE CITY CLEARLY DEFINES !HE DESIGNATION OV A PUBLIC N U 15 A N 0 F, Dan d- 4 cvj 17 RKSPON0i COURT NOTES !HAI THERE WAS A SUESTANTIAL MATERIAL CHANGE 1N DocRet qontynued on next Page py?100 RLHAON MUNICIPPI j5 Avfphoy 01T am 0 0 C K E DLPLNDHN� M �Ew, POKIN DFOH 0XI - Qv1+ynn*o 0 04/05/200Y THL ORDINANCF; 11 WAS 1HE CREPTION OP A NrW DREMENAL CODF, Nof juni A mobmww or !HE EXISTING CODL: PUFLN0 MOTION TO PFCONSIDEIll IS DENIED DEVENGE ORGUIS THOT THE DEFT WAS NOT ODEQUAIELY NRDE nWA0�� ilk on 05107/2009 08:15 AM in Room 1 with judge TLJ Canceled NJf Set for 05/07/2009 0100 Pil in Room 2 with judge TLJ 0 PHRTIES AGREE TO WRIVE TO BENCH TRIAL WITH A POSSIBLE 10 FACTI'�" ORDFR ON CRIMINAL NOTION SIGNED BY jUDGE jURADO NOTICE TO APPEAR Slit NED; CC: CITY, AT1Y DAVIS 5 05/01/2UOq NjTv Habd Proceedings Recorded on Tape No. 009 11) jUDUE PRO fFM MY&HAL SCHWARTZ Gily REPRESENTED Ey PA 5ARIHui'-, 00T PRESENT FOR BENCH TRIAL W/ OrTY K. DAVIS' CITY PRELIMINARY MOTIONS., CITY FILES SECOND AMENDED COMPLAINT ON CR47US5, CHPMGIN,.� !HE UnfE 10 REAV "ON OR PBOUT jULY 16-1a, 2000'' NO objECTION BY DEFENSIE DEPENSE WAIVES FORMAL READING AND ENTERS PLEA 01 NO! GUILlY H106 CITY M0110N TO ADD TESTIMONY OF TWO NEIGHBORS OF W11NESS G. PALMER, NOT PREVIOUSLY 10EM11FIED ON OR(', DEFENSE OBjECIS TO LACK OF CITY MO71ON TO SUBMIT ADD'L fES11MONY - DENIED U017 CITY M0110N 10 ADMIT TESTIMONY FROM LARRY MECKLIN WHO IS NOT 1DENTIFIED ON OPC - ARGUES THAT WITNE03 NECKLINS' TESTIMONY HAS BEEN CONTINUALLY ADDRE500 FHROUGHOUT THE COURSE OF is DEFENSE OBjECTS - WITNESS O1ETID ON P(,T V COURT WILL ALLOW AESTIMONY FROM WITNESS NECKLIN AS if 1S NOT PRE3001CIAL TO DEFT 0020 DEFENSE NOTION TO EXCLUDE WITNESSES FROM COURTROOM GRANIED CITY W11NESS #1, MARILYN KnMCHEFF, SWORN/TESTIFIES 9105 CITY EXH BA AND EXH #4, PHOTOS, MARKED AND ADMITTED 01%44 CITY EXH 45, LTR FRON R01IN MILLER, MARKED/ADMITTE.D 01;49 CITY EXH 46, WITNESS KANCHEFF'S SUMMARY OF G00i�� ENFORCEMENT NOTES, MARKED FOP REVERENCE 0304 CITY EXHS 47, 9, AND 9, PHOTOS, MARKED/ADMIT1EI1 U 2 0 1: CITY EXHS 910, V11, X12., 413, X14, 815, 415, 41/ 91q, = Wig, PHOTOS, MnRKED/nDMITTED 0204 DEFENSE CROSS CITY WITNESS S1, MARILYN KANCHEPI: U2;11 C11Y RE -DIRECT my wirws vi. 02... L CITY WITNESS 12, GARY PALMER, SWORN/TESTIFIES: C206 NO QUESTIONS BY DEFENSE OF CITY WITNESS 02 020G CITY WITNESS V3, LPRRY MECKLING, SWORN/TE5T1FTF','-,' 02wQ9 DEFENSE CROSS CITY WIVNESS 03, LARRY MECKLIN-'6 Docket continued on next pay., auru,anx R�NIGN luwic(pk� k5l��Vvnbo I clip q-i D 0 G K L ri x x n s 1 N n n - 1 r a 0 �K4 pollm DKON Aqonov No. 009?0'! U US/07/200Y 0?02 DEQNSL M006 TO GFRIKE TEYTEMONY RY CXTY WITNE55 83 P5 !I PLRTAINS fO COST OF REPAIRS ON RECONSIRUCTION OF A Homm:. 0204 C11Y VOIR DIRE C11Y WITNESS #3 H20' DEFENAL CROSS EXAMINE CITY WITNESS 43 ON VOIR DIRF. 03:00 DEFENSE NOTION TO SINIKE TESTIMONY OF C11Y W3 16 DENIED V002 DEFENBE GROSS EXAMINE CONTINUE)) 02:04 GlrY RE-DIRLCT CITY WITNESS #2 03:0E DEFENSE RE -CROSS CITY WITNE55 $J; 0 3 ; 0 N CITY RE RE -DIRECT CITY WifNESS V:�;' 01:2J COURT RESUMES CITY WITNES5 #4. OFCR JAMES GOULD. SWOQN/TESTIF... 0:j UJ:29 CITY EXH 020, CERTIFIED KING COUNTY DOCUMENT, MARKED DEFENSE CEJECTS, NOT PART OF DISCOV[RY AND LACKE:'j FOUNDATION 01:36 CIfY 6XH #21, CERTIFIED DEED, MARKED DEFENSF OBJECIS AS TO RELEVANCE - OVERRULED 01:3q CITY EXH 422, CERTIFIED DEPT OF REVENUE DOC, MARNFI) DEFENSE 0BJEC0. NO! PARf OF DISCOVERY CITY APGUE`5, THAT 1T TIES WITH EXH 122 nS TO THE PnRCEI. NUMIER OF THE PROPERTY COURT WILL ALLOW CITY EXH #22 AS 1T PERTAINS TO !H!-� PARCEL NUMBER 0043 CITY EXH 423, GER11FIED KING COUNTY DOC, MARKED DEFENSE OBJECTS AS TO RELEVANCE, OVERRULED 03Qh DEFENSE CROSS CITY wirmEss #4, OFFICER & GOULD 0308 DEFENSE EXH $1, AFFIDAVIT FOR SEARCH WARRANT ANU RPTS) FROM OrFICIR OOULD, MARKED 03:30 DEFENSE EXHS 12 AND EXH 83, PHOTOS, MARKED CITY OBJECTS TO ODMISSJON OF PH010�; COURT DENIES ADMISSION OF DEFENSE EXHS 42 AND 0410i RL-DIRP&T 0052 WIfNESS EXCUSED CITY MOVES 10 DISMISS C1 1 W/PREJUDICE 1N BOTH CASIF. CR3155B AND CR47655 - GRANIED 4:03 G11Y RES0j 04:04 DEFENSE MOTION TO DINISS ALL COUN0, 0443 CITY RESPOND,.�' 04ilb HALF TIME MOTION TO DISMISS ALL COUNTS - DENTE'D 002i IRIEF RECE0.i 001 COURT REGUME'S, PARIIES DISCUSS SCHEDULING FOR CONTINUIN(.', 1024 PARTIES AGREE TO ADjOURN FOR FODAY AND CONTINUE A! 9100 ON ON Charge 1 Disminseva W/Prejudice : Citys Ntn-Othw case Heard Before judge SCHWARIZ, MYCHAL H jolorred Sentence Condition 1 5 1.1 Vmket continued on next paqe P0711PKA ybl'� qn4low NO&VIPPL COUP!' P060 1''.. 1/jhu A , q n 17 D GOS0 GROUPYE60 40! Crivinol Now! raf f Q, HqOncV No. 98 Bid,, LX - Can "i num! S U5/U7/?D09 DbL Rsvoew 59t for U 04;03/2005 11905 COURT RESUNrA FOR DNY 2 OF IVNCH TRIPIL jUDGE PRO TEn MYCHAL SCHWARTZ DLFT FRESENT W/ A11Y K. DAVI�ii 011Y REPRESENTED BY PA S. ARTHUR. 690b DEFENSE PRELIM ARGUMENT WE NO SUFFICIENT GROUNDS TO PEND THAT THE DEFT ENTFRED INTO A VOLUNTARY CONPLIAWCEI.�� AGRMT W/ THE CITY GH:08 COUNT RESPONDS - SATISFIED THAT SUFFICIENT GROUNDS HPVF:. BEEN LAID 0009 DEFYNSE WITNESS 41, ROSIN MILLER, 03:14 DEFENSE EXH X4, DEFTS NOTES, MRRKED CITY WELPONDS - HAS NOT PREVIOUSLY BEEN PROVIDED W/ DEFT9 NOTES AND REQUESIS COPY DEVENIE =UEG AORINST GOPY - DENIED DEFENGE CHOOSES TO MOVE FGRWARD W/OUT EXN Aii. OA;25 DEFENSE MOTION TO ADMIT DEFENSE EXH 82 CTTY OBJECTS - DENIED DEVENEE EXH t2 ADMITTED P021 DEFENSE MOTION TO ADMIIED DEFENSE EXH C11Y OBJECTS - DENIED PEFENSE EXH *3 ADMITTED 09%2S DEFENS; EXH 85, PHOTO, MARKED DEFENSE NOTION TO RDMIT DEFENSE &XH G11Y OBJECTS - OVERRULR�b DEFENSE EXH 85 ADMITIE1.) 3034 DEFENSE EXH 16, LTR FRom DErT TO CITY, MARKED U9,31 DEFENSE NOTION TO ADMIT fit: FENSE5 EXH 4'') CITY OBJECTS - OVERRULED DEFENSE EXH 26 ADMITTED U052 CITY GROSS DEFENSE WITNESS 8.1. 1009 DEFENSE REG0:'i CITY CLOSING ARGUMENI" 1001 DEFENSE CIGSIN6 ARGUMENT' 1.022 CITY FINAL CLOSIN6 AR6UMENT 10%54 COURT RLSUNE,, COURT ADDRESSES PARTIEG COURT FINDS DEFT GUILIY IN BOTH CR47655 AND CR3956,2j jjw12 PARTIES AGREE TO 60 FORWARD W/ SENTENGIN(-' AND PDDRESS CUURT W/ RLCOMMEWDATIONi 1111y GOURT RESPOND15 Accounts Receivable Created 193.00 VAF'1 Case Scmaduled on Time Pay Oqrpement 1 for - 193,001 Charge 3 Other Deferral : Other Pros Rsn L L J Gnse Heard Before jadge SCHWARTZ, MYCHAL No Crininal Violations ; b r munitorpo Unsupervised Probst. : 6 H Other : 6 i'! DEFT TO WORK W/ CITY TO RESOLVE THE OUTSfANDING IS500, Dockct lantinuod on next pag�,' nwra��0 Anr., PFNION N0NAQPnL Ti b 0 4 K E Gqsr: &PHRAYSG9 R0) Cr)*QV1 Non- ir" f 1 Q, Agonoy No. Ga EP0. "EVI noklinno''i U 000612009 IEVI 00N EY 1HV CURPENU GIVIL PROQK&i X GOND111UNK MLf, CASE DISMISSED a DEPI'S PRV5ENCE WnIVE.0 iS SIGNED. PAY $193 INCLUSIVE OF OLL 00515 $ ASSESSMENT�., COURT ORDERS CHSE SET FOR REVIEW 1N go DAYS 10 CHECK SfAFUS OF &SOLUTION W/ CITY IN CIVIL PROCEEDIN0'.j N6ffQ TO APPEAR S16NED; C0 CITY, A1IY DAVIS CnSL FILED REVIEW, 'IMEW 11/09 REV Set for 00/12/2009 02;30 PM in Room 2 with judge TL;..� HGGOUNTIN6 NDDITIONAL GAS! DAT,'i Base DISPOSInor P Qo rntry k; Personal Descravtioi� Iota! Du-� pal''I Credit 19 3 . 0 ID OnVIS, KIRK C=Lb', Sex; n Pace: W DOB: 06/26/194i ".L10.N0.r MILLERD594LO State: WA Expires: 2002 nypLoyor:l Heignt; & 1G Weights 220 Eyes: BLU Hairs ENO Hoo rinq Summart., Hold ARRP161`!MEN1, ON it/ns/2000 AT 0813U AM IN ROOM I Hold PRE-TRIAL HEARING ON 12/11/2000 AT 010D PM 1N ROOM 1 Hold M011ON ON 01/14/2009 AT 02:30 PN IN ROOM 2 Hoid MOY10N. ON 01/28/2009 AT 02:31 PM IN ROOM 2 Hold ON 0211012009 AT 0015 AM 1N ROOM 1 Hold NOTION ON 03/04/2009 AT 02:11 PM 1N ROOM 2 Hold M0001.1 ON 03/16/2000 AT 0000 PM 1N ROOM 2 Hold M041ON-KNAPST ADM P ON 04/13/2009 AT 09:00 AN !N ROOM 2 Hold REPDINERS HEARING ON 05/05/2009 AT 08:15 AN IN ROOM 1 Hold NON-AURY •TRIAL ON 05/07/2009 AT 01:00 PH IN ROOM 2 qchedule PEVIPW HEARING ON 08/12/200Y AT 02:30 PH IN ROOM 2 Q�se Review btatw'.'' CHARGE 50 - Deterred Senfenco Condition knd of docket r9port for this caso a A a nco 19 A . 00 Review Date Compiled 11/00/200(3 N WITH T L J W 1 T H T 1 W! 1 H 1 L J11 WITH T I... ,.1 WITH T L J W 14 H T L i W 1 T H T L i W 1 T H T L i W 1 f H T L _J1 W 1 T H T L i Jf. f f zt i.l U . V 1-1.1 o a Wil UL 0 F !:,1 (.0 R G N Nit I LJ A. j. t y hi: t 0 t. L. G 1. k P 11 V. D U N L a'. is a ij N i L F. R R. 0 1 IN A ;- -I d is 1 '.f I-T ct 4 '4 -1 f is0 c� 1,z' R f L! 2 0 is '3 Li, A 11 j- r-, 1 0 'W .1, 1: 1 , J I'l (.1 (,1 11) F '-l' F1 P L rl I N f P L. iL B, f: C A. o n 1 A 9 y to, f L )1" fi ti t, R D 1: 0 (1 R R -_ U U s. L T 1-1 n n i.:i n e.. o f.n s., r I. N t C. .1. F. ri t C., cl r. 1 '"1 4v P y c o 0 V 1: ly, v f:,� -t - o PL 1-1 R 1-1 II 1J z f: N (. l N f" e) J. 0; j.- J 1") v E R y "I rF % j', j y 1�4 1( . . . . . . . -1 N i I W1 C'- 0 1. 1 Y N1 K f3 L T T 14 i 'f Y P y o I"! rl x t pky�oy MUNX&PHI COOK! p 0 i GASKI CROO47655 kpli u V N= Criminal Non-! Pat 1h, N' 'KY. ROSIN DLAI,! pqcnny No. 08-110 T"XI 4 0/12/p000 NOT Sat For 01114120up 02non &I NjOl in Room 1 with jooge FLJ OIH READY Set !or 0112r120U9 0015 017� in- 4000-w I witn jodye TLj 0P Sol for 01/29/20OU 0015 AN 1 " Room Al. MM judge TL -'_i 0i.1,01/2HUY j-iEFENSE MOTIONS TO QUASH WARRANT, 5UPPRESS EVIDENCE, VOID LEV06 OND PIMISS ALL CRIMINAL CHARGES I ILED bY ATY ROHI'N N VLLFI,} - REFER TO jUD0:. 'SusPOENH FIhFD BY CITY FOR NARILYN KPMCHEIFF, DIANE MILLEI,, 01/OH/2009 MEMORANDUM IN KUPPORT OF MO11ON TO JOIN DEFENDANT'S ,:,ND CONSOLIDATE FOR TRIAL FILED BY ATY PA S ARfHUR jUDGE REVIEWED MOTION S 51/14/2009 MOT on 01/14/200Y 02:30 01 Changed to Room 2 with judge TLJ Rocorded on Tapo No. 3:00 ILRRY L 3URADO PO y NURENCI Dib PPPEARED PRO SF AND CONFLICI ARISES WIFH jUDGE JURqDO HEAkING CASE QIGNED SEARCH WARRANT) nND JUDGE TRANS!Ek', CASK 10 COURTROOM 2 FOR PRO TEM JUDGE SCHWARTZ TO HEAR CIRN 2 - CD Awk! PRO VkM jUDGE MYCHAL SCHWART/� PA 5 PRTHUR, D0 OPPEARED PRO 5!::: MOTION REVIEW011".) A;S2 GITY REOUESTS MOTION TO hE STRICKEN AND CASE PROCEED READINESS AND jURY TRIAL AS SCHEDULED 3:53 DEF ADVISED HE HAS NOT RECEIVED DISCOVERY ,n:54 COURI DOES NOT STRIKE MOTION BECAUSE CITY DID NO',' FILE DISCOVERY TIMELY 305 COURT NOTES CITY HAD 2 WEEKS TO RESPOND TO DEF`3 BRIEFING - CITY REQUESIS TIME TO PREPARE TO RESPONO ,AvSb QTY REQUEST SPEEDY BE TOLLE11) 3:66 CITY MOV43 FOR A CONTINUANCE TO REVIEW DOCUMEN0.''. 5:57 COURT DRPMTS CONTINUnNC�� . 30B SPEEDY TOLLED 30A COURT CONTINUES M0710N 2 WEEKS QUO CITY BRIEF DUE 1/25/Oq 1:00 DEF REQUESTS MORE THAN 1HE 3 DAYS TO PREPARE RESPON0: TO CITY'S ERIEF WHEN FILEE; 407 DEP OBJECT5 TO CONTINUING CABE 1EYOND !HE 11h[, 4= OOURT CONTINUKA M01ION UNTIL 1/2B/09 AT 200 P.M. C 1 R M ', ? 109 NEW 90 DAYS IS 2/27/09 (10 DRYS FROM 1/26/09) 1:09 CANES 10 BE HEARD BEFORE PRO 1EN SCHWAR!"Z Docnet confinuad on next pow,", nova :Wn. 40-"' RUNION NHNIVIPAI G 0 U QL. K:;312150. on!, qn 0 0 G K L - 0 P V w NON N I KLEIN GRY, GOSK; CRD54165S PFO Criminal Non -T ra f yl;�� ngenny mo. anyin, 1 1 Can! A - 10 011 V 10 b TL I BY FMkTL/HARD COPY BY 011 PDDRFRSF5 PROVIDED 10 CITY PROGECUION' 405 50 REQUE913 HEW WIFF'A CASE EE HEARD WITH Hl:) 41LO CITY MIGED !HEY FILED M01ION TO JOIN 01? 06F ADVISED WIFE IS REPRESENTINO HERSELF 019 COURT ADVIGED WIFE'S COSE CANNOT BE DISCUSSED WITH00 S 01/0/2009 0 1/2 1/2009 0 L/21/2009 S H!/AN/2AGq HER PRESENF 4:2D COURT ONDERS COSES JOINED AND ORDERS CASES SET TOGETHER 402 DEVENSE OBjECIS ON JOINDER OF CASES W/HIS WIFE'S 4:23 COURT RDVISED THAT CAN HE ADDRESSFD AT HEARING 014 1/28/09 NOTICES SISMED, COPY TO DEF, Cbs Pi'--) NAGORRECTION1 CASES CR47061, CROU500 PWO CP47655 API��: !RACKING !0GE1H&RxA. NOTION TO jOIN TO BE DISCUSSED HT NOfTON HEARING ON 1/28/09. 01H READY Rescheduled to 02/10/2009 0015 Ai'l an Room 1 with judge TLJ M ReErheduled to 02/12/200Y 0015 AM in Room 1 with judqe TL,,' No f Sot for 03/20/2009 02v 31 P.1 in kDom 2 with Judge TL.1 DEF. NOTION TO STRIKE AND MEMORONDUM OPPOSING CITY'S MOTION j&; 10 JOIN I CONDOLIDATE FILED EY DEFENDANT ROBIN MILLER - REFERRED 10 JUDGE SCHWART2 JUDUE SCHWARTZ REVIEWED NOTION 902110005 Miscellaneous Payment Received 10.00 CPC for COPY/TAPE FEE..�i 1?ECKARA110H OF SEPVICE OF SUBPOENA FOR WITNESS UIANI:: MILLFR FILRD BY AEG - COPY TO CITY PROSECUTOR RFQUFS! FOR DUPLICATION OF 1APES FILED BY DEFEND= - POin ON CR4760) COLUFD I N0fYFYEU GGPEWORNI CD READY FOR rICK-UP nT FPON! COUNIEP MORENO BECLRRAITON AND PLAINTIFF'S OErLY TO DEFENDPWT-5 MOTION TO SUPPRFSG AND DISMISS FILED BY PROSEC MORENO F0 PRO 1 E M SCHWART,.-. DCF RENEWED 09jECTION TO CONTINUANCE OF HEARING & DFLHY fIAFILE10 RFNSHATZOFRL O PO ECWR HUREND DECLARATION, PLAINTIFF'S PLPL4 tO BEFEIDOMV5 NOTION TO SUPPRESS AND DISMISS FILED - TO PRO TEM SCHWARTZ DLF DECLARATION & MOTION 10 QUASH PLAINTIFF'S SUEPOEN(I REQUIRIN6 DEF TO APPEAR 1N OR39558 & OR41655, DEFFNDANT'� DCGLARATION, MECTION TO [VIDENC[& MOTION FOR EXCLUSION/ INADMISSIBILITY RULING FILED - TO PRO TEM SCHWARTZ DEFENDANT'S NO1ION TO STRIKE PLAINTIFF'S MIMY REPLY A!"ACHED HEAISAY EVIDENCE FILED BY DEFENDANT ROBIN MILLER P&LPRED TO jUDGE SCHWRRIZ NO! a Held Proceedinys Rocorded on Tape No. Docket contaneed on next Page mmm I=N mom umm pnwwS4 prFuNKAW n . VQ, kovfN OW''i G550 0000655 R0, Cr�mmal Non-fraffv,' pqnnny Nu. 08-001 U 01/29/2009 M?CHHL SCHWH45. PH S' wRIH0! DypENDHNy APPFARFD PRO-S!��' HOTIONS WON DIANE .Ni ROBIN MILLER HEARD f00ETHEl',,) CITY MOTION FOR jOINDER DI&CUSSED. DIANE MILLER 0EJECT''; HHD MOVES 70 STRIKE VOR LACK OF SERVICE. CITY PCOVED AN !HE !HE NAIL G11Y nRCUFh jOIN&R MO&ON AND C11Y DOE5 NOT PLAN ON US10', 500 FROM EITHER PARfY IN !HE 0iHVRE CPS'E" 91SOUGSION HLLD RFOARDING SPOUSAL INCOMPETENCE RND/01,, SPOUSAL 1MMUNITY CITY DOES NOT BELNEVE !HAT EITHER PARTY HAS NAMED 75:_ 01HER AS A WITNESS.- DEFLNDANT ROEIN MILLER ARGUES THE jOINDER NOTION AND RRr EPS TO CASE STATE V. WH10�� 00UPT SPIISFIED THAI 61VEN THE CASE LAW THAT J0lNVrl,,l GANN01 86 ACHIFVLD AND UNLAWFUL - MOTION FOR 30INDER DENIED,, DIANE MILLER MOVES 10 OUASH THE SUBPOENA - GRANTED PECESS TAKEN 3 onsE RESUMES PLPSUANT JO RULE 6.1b WIANESSES EXGLUDED FROM CTRM AND, FAIFNDE RULING TO EXLUDE MS MILLER WHEN MR MILLER CPSE HEAR"D AND MR MILLER WHEN MRS MILLER CASE HEARl) DEFENSE NOTION RENEW OBjECAION TO CONTINUANCE OF HEARI&C- OND &LAY OP THIPL. CITY ARGUES NOTION AND MOVES TO AfRIRECOURT NOTES THE O&ECTION AND OVERULES THE ovivGTION.. 0400VERY WA T NOf MADE 21 DAYS FROM REUUESI. COURT nDYYSES SHOULD HHVE MADE A morm TO COMPEL. CITY VIOLATED !HF YJ DPYS, DEFUNDANT DID NO FILE MOTIONS W/IN 14 DAY ; Of THE PRFTRIAL ORDFR. COURT FOUND GOOD CAUSE TO TOLt. SPEFDY 1RIAL TO ALLOW CITY TIME TO RESPOND TO M071= COURT NOTES RENEW OE3ECT.ION AND WOR SAME REASON OVFRULFD ON 1/14 CONTINUED TO OVERULE TODAY. 05? DEFENSE MOTION TO STRIKE PLAINIIPF'S UNTIMELY REPLY N PITACHED HEARSqY EVIDENC, 305? DFFLNDANT SWORN —IN R !ESTIFIE:�i 309 CITY HAS NO QUESTIONS 400 City MOKES SIATENKNT fO THE COUR'l CIFY EXHIBil 41 MARKED FOR FVIDENCE — DOCUMENT SHOWIN..'. KMAIL CORRESPONDENCE. viO3 DEFENDANT 1 1AK45 0SPOW0., klus cily ADVCSES MADE GOOD PAITH EFCOR1, 4nk COURA SRTITIVIED BASED ON 01Y EXH. #1 THAT THE CITY PF'S OFC MADE SUBSTANTIAL EFFORT TO COMPLY W/lHl- COUPT ORDEF. CITY ATY'S OFFICE IN CONPLIANOF Wlh� 4HF GOURA ORDPR AND FILED W/GOURT ON FRIDAY AND PLACE!) IN IPIL it !0 DEFENDANT ON FRIDAY os!U DISCUSSION HLLD REv DECKERPTION OF MS. MORENO Docket annunuto on next P 5K � I' �' P741"N V�Nicipq� 0 0 G K 6 Lm 0artanov; P 012... ?005 COUP! SINIKS! !ME DQCLWPPf10W TN ff'S ENTIR40' &FENSL oujFCTION NOTE.''.) DVILNSE MOTION 10 QUOSH WARRPNT, SOPPRESS EVIDENCE; VOID LEVIES PND DISMIS5 ALL CRIMINAL 0HPRGEJ- 4;10 DEFENDANTS RIGH! TO LAWYER REVIEWED AND DISCUSSEI.,-, [OR PURPOSES OF TODAY'S HEARING DLF1 HAS WRIVEjU RIGHT TO ATTORNEY., COURI 1AKES MATTER OF WAIVER OF RIGHI TO LAWYER FOR TODAY AND FUTURE PROCEEDINGS UNDER ADVISEMENT 407 DEPENDPNI ARGUES NOTION OBjECTINO TO THE CITY ADOP110) RCW 3500 1NTO THEIR CODE AND OEjECTS TO THE CITY NOT RESPONDING 1N THEIR BRIEF. LFOALITY OF THE SEARCH WRRPANI DX90USSE9 405 GF1Y AR6UNS DEFENSE APGUEMENT ON LIMITIN(-- THE CITY TO CHOOSE fETWEEN 0 CRIMINAL OR CIVIL CHAQ&.:- broy PFCESS 5 v 11 R E S U N L. 509 1ISCUT31ON CONTINUES 06ARDING CHARGINO BOTH CRININPI.. OND CIVIL iNFRO01ONS. nS NOTED IN DEr ORIFI:: by?! DEFENSE ADDRESSES AUTHORITY OF THE ISSUANCE OF WORR0'', 5:5j COURI NOTES ALL NOTIONS HAVE BEEN ADDRESSED KV54 m0flom TO QUASH SEARCH WARRANT - DENIED im 10TAL, COURT FINDS WARRANT WAS AUTHORIZED. RCW 35-BO DOES N0 CREA! A CONFLICT,' 001 NOfION FOR ORDER DISMISSING CRIMINAL CHARGES - DLNIED COURT FINDS CIVIL CHARGES AS A SFPARATE PROCE0; COURT FINDS CITY HAS NOT VIOLOTED LOW 005 CA5E 10 PROCEED TO RDY & jTR =r RENINDED OF COURF DRI[-.' OIH PLADY: Not Hold, Hearing Cancele.- d OTH i Hold Proceedings Recorded on Tape No. 905 TLRRY L JURADO wify REPRESENIOD By PA mEwsori DLPI APPEARED W/ ATTY K. OLP ENGE MO TION 10 CON PER jUDGE jURADO, HE WILL NO! HEAR A MOTION ON THIS CASI:.. HOWLYFR jUDGE PRO 1EN JENSEN IS RVAILABLF� OA2L PASSED FOR PRO TEN AVAILABILLIY 9:48 CHSE REGALLEf) JUDGE PRO TEM KRIS JEN011 DEFLNSE NOTION TO CONTINUE - ATTY DAVIS 1S NEW ON THIS CAST:',. AND 1S NO! AVAILAELE FOR TRIAL AT THIS TlMi� CITY 02jEC0; GOURf GRANTS MOTION TO CONTINUi,' CI1Y PROVIDES DEFENSE W1 AMENDED WITNESS LIST AND !NDICATE��'j THqT PN AMENDED COMPLAINT MAY RE FILED 011 Y REQUFS! S 7 RIAL ON SOME WE EK AS CR4 061 FOR EFFICILNCY OE' COURI, PARTIES, AND W1TNLSGL')' CASE% CP0017555 RPfj CrymjnA I Non-! ra ffn� Pgoncy No. n 4 5200/2009 bacv6t continued on next page , F .3 n/vOPQ 9414 W: 1`05F 7 I pFFFNp= r m. Rom Dvyl� h 0 - Gon! A nyo"i cnsLn cp=p6"K CrITIMS! Nor- 1 ral FW Agonu No. NG-170, a 02/Cl. 2009 GITY 0EjFCT9 TO RN'(' N310MS REING RAISED BY DEFENSE ON LLJ NnffbRK PREVIOUSLY H90093b,'' nOTSON OND ORDLP POP CONTINUANCE nMD RESETTING 0' COMNLNCEMENT DATE FILED BY AllY DAVIS - 411Y ORXCIS NONTON TO GONIINUE GRANTED AND 516MED BY jUDGE PRO TEM 3ENKE!'-� SPLEDY TRIAL COMMENCES TODAY NOTIGF TO APPEAR S16NED; CC: CITY, ATTY DAVIS NOTICE OF APPEARANCE, DLMAND FOR JURY TRIM DEMANP rOR DISCOVIKY, BILL OF PORTICULORS nNO OMNIBUS APPLICn1`10-4 FILED BY AFTY KIRK DAVT�-) AlY 1 DnVIS, KlkK CHARLES Added as Participanc jlR on 02/12/2009 0015 AM in Room 1 with OUOgn 11-3 Cancelecl U H211112009 SUBPOENA FILED EY CITY FOR NARILYN KAMCHEFF, 6ARY POLNER, JCS GEORGE RUNNE ri MOT Set for 03/04/2009 02:31 Pl'i in Room 2 with judge TLJ 01H READY Set for 0311712009 08:15 Air! am Room 1 w0h Judge TL. - ' OIR Set for 03/!Y/2009 00:15 AN in Room 1 with Judge TL.'., DEF1 GIVEN NOTICE W/ !NCORRFCT 3TR DATE Of FRONT COUNIEP CORRECIED NOTICE MAILED TO DEFT; CC: CITY, AUTY 1/13/2009 FILED BY UM, AEC UNnELE TO SERVE GEORGE PUNNE, CQCITY Q/lh/2009 SUIPOENA bILFD BY CITY FOR MARILYN KANCHEFF, XOR0 RUNME, 6ARY PnLMER 02/it/2009 DECLAR81`10N OF SERVICE OF SURPOENO FOR WITNESS GARY PALMER FILED BY ABC - COPY TO CITY PROSECUTOR 02/19/2009 FILED BY Lit; ABC UNPOLE To SERVE GEORGE RUNNE, CCoCITY UQ/2n/200Y DECLARA110H OF SERVICE OF SUBPOENA FOR WITNESS GARY POLMYR FILED BY REC - COPY TO CITY PROSECUTOR U2115/2009 DEFENDANT'S MOTIONS AND NFMORANDUM FILED BY ATTYS EjORQUE AND Tj.'':,' DAVIS - TO 3UDDE SCHWRRT,' 09/57/2009 AMENDED CRIMINAL CONPLATNI FILED BY PA 5 ARTHUP DEFLNOANT'S MOTIONS AND MEMORANDUM FILED - TO JUDGE SCHWARTZ S 021041209D Molt Held Proco`ding g Recordod on Fape No. 030, PRO FEM MYCHOL GGHWARTZ PA. G. ARTHUI',' 0VINBANT APPEARED W/ATY KIRK 1iAY0'i GnURI PLACES ON RECORD DISCUSSION AT PRIOR NOTION HRG. 01,4 1/25/U9 OF HININO OF COUNSEL AND CONCERNS OF COURI OF OmMSE COUNSEL REQUESTS FOR CONTINUANCE AND DELAY. GOURf REVIEWS COURT DOCNE'l COURI DISCUSSE5 301NDER MOTION ON RECORD OF DIANE MILLF!,.' CnQ (CR47bil) AND ROEIN MILLER CASES (CR39560 & CRk?65S) 1HPI COU0 DENIED ON 1120109. COURT DISCUSSES DEFENSE jOINEO M0110N FILED 3/2/0,L.,) AY AlY EjARQUY AND ATY DAVIS Packol oontinund on next pay'. K L 11 opnjpnz yn�l pwlyv2puy '�Ijo 0: MuNIO&AL CQUY, 0 0 K E T GAsk GROW7555 kpf Criminal Non- Ira Ik Agonoy No. I. X 1 - Gc nt 1 nw a..,! U 03/Uh/2009 COURI N041 =NVTO GYMPLAINIS FILED BY Cily ON 3/2/09 KLH ROURi NOIE& HIPING OF COUNSLL 1S NO LONGER AN !S= IEFORF IQ COUP! AS PRIOR OUDGE HOS ALREADY ALLOWE0 COURI nDDRESSES ONENDED COMPLAINIS rILED 1Y G11''f COURI qVVISES 0 NOT INCLINED TO PROCEED TO NOTIONS FILED AS DEFENSE WAIVED RIDHT TO ADDITIONAL NOTIONS AT PRIOR MOTIONS DATE. COURT ADVISES 1F !HE CITY CHOOSES TO AMEND THE CHARGES WILL onow f:"ENSE CoNfINUANCIE. COURT ADVISES DEFENSE COUNSELS jURY TRIALS WERE BE HELD ON DIFFERENT 3URIE5 G T 1 Y WITHDROWS LENCH COMPLAINTS - AMENDED COMPLAINTS W/DRAWN COURT NAMES CHARGE ON THE RECORD DEFENSE COUNSEL KIRK DAVIS RrQUEST DEFENSE Ef ALLOW 10 PROCEED WITH ADDITIONAL MOTION,. RQUERb TAKEN 002 CPSE RESUMES PT 00'5 PROB&CUTOR, T. MORENO, PRESENT AND MAKES GIATEME& Q09 PORTION OF PROCEEDING FROM 1/28/09 PLACED ON RECURD OF DFFENDANTS STATEMENT WAIVING RIEHIS TO AR6UE ISSUF4-, 5115 OFFrENSE COUNSEL DAVIS ADVISES JUD6E 3ENSEN RULED I= FUTHER NOTIONS WOULD HE ALLOWED 508 CIFY OBJECTS win.114 ORDERS HEARING RESET 024' COURT ADVISES 15 RESETTING TO LISTEN 10 PRIOR READINES(..:' H E n R 1 N 6 r.r"T' -11� ADVISES THE STATUS QUO WILL BE CHANGED 1F FURTHER NOTIONS ALLOWED CITY PLACER ON RECORD OBjECTION TO GOINO TO ANOTHEP ORIE OTHER THAN STRAIGHT TO READINES,'�; 5:20 COURT NOTES PROCEDURAL NOTION ON 3/16 1F COURT ALLOWS ADDITIONAL NOTIONS HEARD & THEN THE CITY FILES AMENDED CONPLAINTS N011ONS WILL HE HEARD AT RN101HER NOTIONS DATE 509 DEFENSE REQUESTS AILL OP PARTIOULORS FROM CfTY COUNT WILL WOffFY PARTIES OP DECISION PRIOR TO 3/16/09 HP('' PEGUEST FILED BY PITY DAVIS FOR COPIES OF GO FOR HEPRINGS B0.1 ON 1-22-09 AND 2-10-09 NOTICE SIGNED BY RTTY FOR DEFENDANT, COPY TO DEF, CC: PA,ATTY UK/Uv/2009 VINDENGS Of FACT AND CONCLUSIONS OF LAW REGARDING COURT'S 50.3 051SION ON HEARING ADDITIONAL NOTIONS 5 ORDER REQUIRING CITY 10 PROVIDE A HILL OF PARTICULARS FILFD BY JUDGE SCHWARTZ. COPY FAMED 10 DEFENSE ATTORNEY & CITY PROSECUTOR' VERIFICATION FAN WENT THROUGH TO ATTY DAVIS I CITY PROSECUTOR PLACED IN FILE MOT Set for 03/10/2009 0000 Pri I i S) in Room 2 with judge T L J U CLERK COLLED ATTY DRYIS AND ADVIIED HIM CD'S WERE READY Docrot continued an next pay? rPQ20�\ Y50 000N QWlC[FAi C 0 u RT P06E: /'h/�.7i2ASY 8�1& A!` A 0 C K E '� 9 [ I NUP NY M ''E[ ROBIN PEQ� CASE: SkDUl7h55 kPx CrW not Non-Trofflo Amoy No. OH-776* !LXr CoDtinuod U 03/05/2859 HOWEVER THERE IS 8 NlO [[[ FOR EACH CD - HE STATES H[ DSA WILL MAIL M CHECK - CD'S HELD ON PIP DESK QWMI7ING CHE01--', 3 u3/l6/2O89 MCI: Held TJS Prmoe*dinga keoorded on !ape No. 1:21. U PRO TEM MYCHAL SCHW0RTZ P4 S 0RTHUR DwF APPEQREB W/ATTY KIRK DHVIS G2:1U PARTIES RETURN 10 COURTRO0I''� W200 COURT ADVISES MISMANAGEMENT GY CITY PROSECUTOR'S OFFICE ]VB8E WANlS TO KNOW WHO DID NOT N0[IFY GITY PR0SE0UT0R OF JUDGE'S RULING - HIGHEST LEVEL IN CITY PROSECUTOR'S 0FFlCE TO RESPOND TO PRO TEM jUD6F SCHWARTZ &ILL OF PARTICULARS WAS TO HE FILED BY CITY 020l COURT ALLOWS MOTIONS AND AMENDED COMPLAINTS TO HE FILED 02:17 BEF MOVES TO DISMISS PER PROSECUTORIAL MISCONDUCT 02%17 COURT DENIES MOTION 52:21 0DUKy RULES lHAT GITY PROSECUTOR CAN FILE AMENDED COMPLAINTS AND DEFENSE WILL BE ALLOWED 70 FILE MOTIONS 02:23 COURT WILL ALLOW CITY TO FILE THE AMENDED COMPLAINTS FILED PREYI0USLY AND WllHDPAWM - ClTY WILL RESERViF ON THAT AT THIS TIME 02;25 CITY ADVISES lF MOTIONS ARE NEEDED, CITY WILL MSK THAT PREVIOUS LEACH COMPLAINTS WITHDRAWN, FILED A8AIM 02:26 DEFENSE HAS PREVIOUS PM[MD[D COMPLAINTS 020Y DEFENSE AllY EJARQUE ASKS ABOUT PREVIOUS MOTIONS 02:38 COURT DOES NOT WANT TO RELI11GATE PREVIOUS MOTIONS, DU7 WILL HEAR NEW MOTIONS 02:45 8PC FILED AND REVIEWED BY COURT - DISCOVERY I5SU0,' VIscUSSED 02:51 COURT ORDERS CITY TO PROVIDE DOCUMENTS RE: CIVIL LITIGATION - CAMERA REVIEW BY COURT, BEFORE PROVIDING TO DEFENSE - CITY RESPONDS 02:53 CITY REQUESTS DEFENSE TURN ALL DISCOVERY OVER TO THEM RE: CIVIL LITIGATION, ALSO 02:56 DEF ATTY KIRK DAVIS RESPONDS RE: DISCOVERY IN CIVIL LI[I$MTI0N - ADV DIFF SITUATION IN DEFENSE CIVIL CAS!� 02:57 COURT RESPONDS - THE CASE ITSELF IS BEING LITIGATED 03:00 CITY 0§JECTS - NOTED BY THE COURT 0305 OPC DISCUSSED - COURT ADVISES NO FURTHER MOTIONS WILL %E ALLOWED AFTER NEXl NOTION HEARING 83117 0P0 DISCUSSED 03:18 DISCOVERY TO BE PROVIDED BY 3/31/09 U3:l8 AMENDED COMPLAINTS TO HE FILED BY CITY 03:21 MOTION, READINESS AND ]URY TRIAL DATES SET W/PARTIES 03:22 DEf TO FILE BRIEFS PY 4/8/08 03:22 CITY TO RESPOND DY 4/l0/O� 03:26 PRO TEM JUDGE SCHWARYZ IS THE ONLY JUDGE TO HEAI;� MOTIONS, READINESS AND JURY TRIAL O3:25 C009l SETS MOfI0N HEARING ON 403/09 AT 900 A.M., Dnrxet continued on next pay,- |'&U7:P4 on� kIN}0u =lC)FAL C00[ PAGES � kn/;2/2p3y—"VIA Q,� A 0 c K [ � COCE: CRUO&?655 RP0 D[F[HDAN? Gri02n;l NVO-lraffic Lk' ko IIN Lip AIli A1eDCo No. 007Ph� cmntinuod U U1/lh/2009 READINESS ON 5/h/08 AND ]UPY TRIAL ON 5/7 AND/OR 5/8/08 T3S 03:20 COUP! DIS0uS5[S J0INDER ISSUE HULFD PREVIOUSLY - WILL HAVE M0YI0N HEARINO ON SAME DAl[ 0PC FILED & Sl0NE� DISCOVERY ORDERED TO BE COMPLETED NO LATER THAN 3/31/09 OPC FILED & SIGNED MOTIONS: MOT TO DISMISS FOR VOID FOR VA6UENESS & OTHER CSNS1IT3TIQNAL ISSUES INCL THOSE BRIEFED BY D[F'S 2/25/09 & MOTION DISMISS FOR FAILURE UNDER 1.3.3[ENlM(2) TO SECURE Y0LUNTORY CORRECTION, KNAPSTMD & POSSIBLE 4TH AMENDMENT CIT WIT FOR MOT & ]TR: OFFICER G0ULD' MARILYN K0MCHEFF, Gil WIT FOR JTR; GHRY PALMER AND GEO86E RUNNE (BOTH P.S') DLF WIT FOR JTR: DEF MAY CALL EXPERT WITNESS REGARDING VnLU[ OF DUILDINO PEPPERS. NAME, ADDRESS, PHONE a EXPECTED TESTIN0MY TO EE PROVIDED 14 DAYS PRIOR TO TkTAL. CITY TO AMEND COMPLAINT PRIOR TO M0TIN HRG - 2 CIS ON EA CAS[ C947555: CT l: NUISANCE - ]VNK VEHICLE (RMC 1-3-40)(11)(C)(4) CT 2: NUISANCE - UNFIT OR ABANDONED 5TWUCTUR[ CR39568: CT in SAME AS CT l (DIFFERENT DATE) A3OVE CT 2: SAME AS CT 2 (DIFFERENT DATE) ADOV[ BRIEFING SCHEDULE: DEFENSE DUE 4/6/39 CITY RESPONSE DUL 4/10/0y CITY PROSECUTOR NOTES 00ECTI0H IN WRITING ON THE OPC RE: DISCOVERY - fHE CITY 19 ORDERED TO TURN OVER MATERIALS RELATED TO THE CIVIL LITIGATION RELATED TO THEIR PROPERTY 1N ACCORDANCE WITH CRRL3 4'7 TO THE EXTENT THE CITY GELI[VES WORK PR0D= MAY BE TNV0iVEn DOCUMENTS MAY BE SUBMl7[ED TO !HE COURl FOP IN CAMERA REVIEW N0[iCE SIGNED, COPY TO DEF, CC: ATTY, PA S D3/17/2009 NO! Set for 04/13/2009 09:30 AM in Room 2 with judge TL] OlH READY on 03/1/12009 0805 AM in Room l with Judge TLJ Cancelec,'] JTR on 03/19/2009 08:15 QM in Room l with Judge TLJ Ganoelod MOT on 04/13/2009 00,00 AM in Room 2 with Judge TLJ Canceled NO! Set for 04/13/2000 OQ:OV Ail in Room 2 with Judge TL] 01H R[RDY Set for 05/05/2009 00:15 A!'! in Room l with judge YL3 JTR Set for 05/07/2039 08:15 AM in R*oN l with Jud9* TLJ U 05/02/2008 SUDP0ENA FILED BY CITY FOR MARILYN KANCHEFF, 8[0PGE NUNNE, JCS 6ARY PALMER 04/56/2000 DEFENDANT'S MOTION AND MEMORANDUM FILED BY A[Y KIRK DAVIS - REFER TO JUDGE Docket continued on next paqw numAnKX y4i On !�/200 DFrFHO00 r .KK' ROEIN OLAN COSEV cmdolls5h RM 1 r , A not Non-T ra r F w� Agonry No. 08-170'. - Gontlnww:� 04/iO/2009 DRCLARATION OF SERVINE CY SUUPOENO FOR WIVNESS GARY PALMER FIELD BY AAC - COPY To GITY PRUSECUIOP. DUCIARATION OF 5ERVIDE Of AUBPOENO FOR WITNESS GEQRQ� RUNNE FILED BY ABC - COPY TO CITY PROSECUTOR S 04/13/200Y HOT: He!d Proceedings Recorded on Tape No. 9204 U PRO TEN MYCHAL SCHWARTZ PR 5 RRTHUI',! PFF HPPEnRED W/RITY KIRK DAVIS CITY MOVES TO REINSIATE LEACH COMPLAINTS IN FILE':-.' AND DEFENDANT'S ARRAIGNED - FORMAL READIND WAIVED AND ENTLR15 PLEA 0; NOT GUILTY C! 2 ADDED NUISANCE - jUNK VEHICLF� DEF objECTS oBjECTION NOTED 05GUSBION HKLD REGARDING M01ION TO jOl,',! CITY Q RESPOND TO COURT lN RESPONSE 10 QUESTIONS PSKED EY jUDGE - TO RESPOND BY 5/l/09 10 THE jUDGE BEFORE ROY CITY RESPOND15 U902 DEFENSE MOTION TO DISMISS W/PREjUDIGE IHE CHARG0i OF NUISANCE, RMC 0025 DEF NOTION TO DISMISS RE: COLLATERAL ESTOPPEL 1900 DEF MOTION TO DISMISS PURSUANI TO STATE V. KNAPSFAI) 00,01 DEF REQUEHFS 0 1 ESGENIIAL ELEMENTS ARE NOT !NCLUDI_) 0045 CITY RESPONDS TO DEFENSE MOTIONS AND ADVISED lN Hl'-'+ E R 1 E F -I.", 0054 COURT REAPONBS RI: GITY'S RROUNEN! RE: 0RDINANCE:-,' q905 COURT RESPONDS RE% KNAPSTAD MOTIONS ON MS. MALLEF CASE CR4061 - COURT ADVISES THEY DO NOT HAVE ACGFS-%.: AND HAS NOT EEEN PROPERLY RAISED 09,57 COURT RESPONDS RE: COLLATERAL ESTOPPEL ON MILLER CASES CR30550 AND CR47555 09:59 DEF RESPONDS RE: COLLATERAL EGIOPtit b... AND ADVISES THESE ISSUES ARE IDENTICOL AND THEY 0 E 3E G -f .1002 COURT ASKS IF COLLATERAL ESTOPPEL AND DOUBLE JEOPAQDt APE FHE SAME ON THESE CASES - DEF AGREES THEY ARE THf: . L NL� 100S COUP! FINDS AS 10 ROSIN NILLER, THE CRIfERIA OF COLLA74RAL ESTOPPEL, 10:07 COURT QUESTIONS DEF - VEHICLE WAS REMOVED FROM PROPERTY TWO MONTHS 060 10o1l COURT ASKS CITY REEARDING ROBIN MILLER CASES AND 1P DIANE MILLFR WHS NOIJEFIED OF ALL THE CORRECTTON{:i NEEDED ON THE PROPERTY - CITY RESPONDS L004 COURT ASKS CITY lF DEF DIANE MILLER KNEW OF ALL THF: CORRECTIONS NEEDED - CITY'S BRIEF DISCUSSED LOnlb COURT DIGCUSSPS RE; VIOLATION OF KING COUNTY PRIOR TO ANNEXATION RE: MUNICIPOL ORDINANCES - CITY v0sl? COURT DIACUSGES KING COUNlY VaDLAVION AND DEF DIAN;::. Docks! continued on next way, 1 I j ", �; l2''W0;w XA.'. KLN��vN MU|iICIPAL COUP! P8Q: ]i gn1L Arl & 0 C K E T ^ LE[. 808IN KA5E: QR004(h55 RPD Cr/Ninal Non-Traffl'� A9,000 NO. V P4/l]/2009 MI|LEk HAYIM0 KN0WLEnGG - CITY RESPONDS TJ6 l02h 009RI ASKS CITY RE: OWNERSHIP OF PR0PERT7 l0�2/ DISCUSSION HELD RE: CRIMINAL CITATION BEING CORRECTLY I6SuED 10 DEF DIANE MILLER - CITY R[SPOMDS lU:3O COURT RESPONDS TO M0lI0H TO DISMISS RM0 ON TH� OROUNDS OF THE ORDINANCE IS UNGONSTITUYIOMPLLY V01D FOR VAGUENESS 10:39 COURT FINDS CTS l ON BOTH CASES ME1 THF REQUIREMENTS/ BUT CITY TO FILE BILL 0p PARTICULARS 1041 COURT FINDS CT 2 HAS MET THE REOUIR[MENTS, BUT CITY TO FILE SPECIFIC INFORMATION - CITY RESPOND,.`. mISIN8 GOING F0RWHRD WITH CT 2 l0:44 COURT RESPONDS RE; KNAPSTAD - NOT APPROPRIATE 1045 COURT RESPONDS @E: COLLATERAL ESTOPPEL - DENIED 10:45 COURT FINDS ALL MOTIONS DENTED 104b DEFENSE REQUESTS ADDITIONAL INFORMATION HE ADDED TO FILE - COURT WILL TAKE UNDER ADVISEMENT 10:48 COURT FINDS ISSUE OF KNMPSTAD CAN DE BROUGHT UP AGAIN 1003 COURT DISGUSEES WHY HE WAS TAKING UP ISSUES OF ROBIN MILLER CASES FIRST, THEN DInNF MILLER 11:30 DEFENSE SPEAKS RE: BILL OF PARTICULARS DUE BY CITY 1100 COURT ADVISES CITY IS 10 PROVIDE A STATEMENT OF INDICATION UNDER WHICH PRONGS CITY IS PROCEEDING UNDER ON JUNK VEHICLE BY FRIDAY 11:31 CHSE TO PROCEED TO READINESS AND JURY TRIAL S Charge l Amended too NUISANCE DECLAR8ED UNLAWFUL CaSw Heard hwforo Judge SCHWAHTZ, MYCHAL H Uwfondant Arraigned on Charge 2 Plea/Response of Not Guilty Entered on Oh*rgo 2 Added as charge 3 Defendant Arraigned on Charge 3 Plea/Response of Not Guilty Entered nn Charge 3 V JUDGE FILES MEMO TO CITY ATTf SHAWN HRTHUR WITH OUTSTANDING QUESTIONS FOR RESPONSE - A RESPONSE TO THESE QUESTI0HQ H%E DUE BACK MD LATER THAN 4 P.N. ON 5/1/03 COPY OF MEMO SENT 8Y FAX 70 A{TY DAVIS ];984 6IVES COPY Of MEMO DIRECTLY TO CITY PROSECUTOR CASE FILED READINESS 04/15/2000 RESPONSE TO COURT ORDER REGARDING RMC h�� SECYIONS JCS /r-»� [IL[D BY ATY SHHWN ARlHVR 00/22/2OO9 RECEIVED FAXED COPY OF EXHIBITS TO THE MOTION FOR KLH RECONSIDERATION FROM ATTORNEY KIRK DAVIS DEFENDANT'S MOTION FOR R6C0NDSIDERAT10N FILED BY ATTORNEY KIRK DAVIS COPY S[ DEFENSE NOTION FAXED TO PRO TEN SCHWMKT3 05/04/2000 PLAINTIFF'S REPLY TO DEFTS MOTION FOR RECONSIDERATION FILED LLJ S 05/05/2019 0fH READY: Held Procowdinqe Recorded on Tapo No. 9:00 U JUB6E PRO TEM MYCHQL SGKWARYZ Docket continued on next pay* RLNUON HUHIVIPAL D 0 G K 4 PAUF 1 4! CASE; CROUN750 criminal Non-lrvff3� Agency No. 00?vvif ivxl Qoktlku&C W WA/UK/2059 211Y 0PRESENfLD by PP S. ORTHUK' 0r! PRESEN! FOR READYNESS W1 ATTY IC. j COORT DDRESSES DEFENSE MOTION TO RECONSIDER =IOE APGUES RE CHANGE IN FHE CITY ORDINANCE FROM A CIVIL !NFROOTION TO A CRIMINAL VIOLATION - DOE5 NOT BELIEVE THAI" THE CITY CLEARLY DEFINES THE DESIGNATION OF A PUALIG N U 1 S H N G 9:04 CITY RESPONQii GOURr MOVES 7HAT THERE WHS A SUBSTANFIAL NAIERIAL CHANGE !N THE ORDIMPHGE; 11 WAS THE CREA710N OF A NEW CRIMINAL COVE, NOT j051 A MODIFICA fTON OF THE EXISTING GODF: DEFENSE NOTION TO RECONSIDER 15 DENIED DrFENSE ARGUES THAT THE DEFT WAS NOT ADEQUATELY MADE AWARF� OF THE CHARGES AGAINST HIM ORGUMENT NOrED BY COURT - DENIED jTR on 05/07/2009 08:15 AN in Room 1 with judge TLJ Cancele,,,! NiF Set for 05/ov/2009 01:01) in Room 2 with judge TL..'.i PARTIES 06REE TO WAIVE 10 BENCH TRIAL WITH A POSSIBLE STIP' 10 F A G T ORDFR ON CRIMINAL MOTION SIGNED BY JUDGE jURADO NOTICE TO APPEAR SIGNED; CC: CITY, OTT DAV0i 5/01/2009 NiTs Hold Proceedings Recorded on Tape No. 1:01.',) 0 3UDOE PRO TEM MYCHAL SCHWARTZ CITY REPRESENTED BY PA S. ARTHUR DFPf PRESENT FOR BENCH rRIAL W/ ATTY K. DAV0� GETY PREL3NINARY MO11ONS: CfTY rILFS GE&OND AMENDED COMPLAINT ON CR47655, CHAMOINf', THE DATE 10 READ OON OR ABOUT jULY 16-18, 2008'' NO ORjECTION BY DEFENSE: DEFENSE WAIVES FORMAL READING AND ENTERS PLEA OF NOT GUILTY 0105 CITY NOTION TO ADD TESTIMONY OF TWO NEIGHBORS OF' WITNL;S G. PALMER, N07 PREVIOUSLY 1DENTIVIED ON OP(.-. DEFENEE OBJECTS TO LACK OF NOTIOL CITY NOTION TO SUDMIT ADD'L TESTIMONY - DENIE.D 01al? CITY M0110N TO ADMIT TESTINONY FROM LARRY MECKLIbi WHO 19 NOT 1DEN11FIED ON OPC - PROUES FHAT WITHESS) NECKLINS' TESTIMONY HAS EEEN CONTINUALLY ADDRESSE't) 1HROU6HOU1 THE COURSE OF THESE PROCEEDINGS DEFENSE OBJECTS - WITNESS NOT 1DENTIFIED ON CP�� COURT WILL ALLOW TESTIMONY FROM WITNESS NECKLIN AS 1'l 19 NO! PRE3UDICIAL TO DEFf' 0020 DEFENSE MOTION TO EXCLUDE WITNESSES FROM COURTROOM - bRONTED CITY WITNESS 01, NPPILYN KAMCHEVF, SWORN/TESTIFIE`..; 0026 CITY EXH 41 HNO EXH 82, PHOFOS, MARKED AND ADMI71EI) 0105 CITY EXH 01 AND EXH *4, PH0705, MARKED AND ADMITIED Docket continued on next po,'' V ()5/U7/2OU9 Ul:�� mmmml U2:l 22:48 02 by so U3:U4 O3�O5 O�:O5 O3�23 O32G U3:3B NONNI mmumm CAS[: CR0047646 kPD Criminal Non-Tra!fi! My*UCy No. 03-770.. CITY EXH Sh, LTS VROM R0SIM MILLER, hAPKED/HDMIYTE3 CITY [XH V6, WIYN[SS KMMCHEFF'S SUMMARY OF CODE` ENAORGEHENl N0TFS, MPPK[D FOR REFERENCE CITY EXPS V?, P. AND g, PHOTOS, MARKED/ADMITTED CIFY E%HS #lU, 111, 012, *13, S14, V15, 916, 117 018, OND #19, PHOTOS, MARKED/ADMITTED DEFENSE GROSS CITY WITNESS *l, MARILYN KAMCHEFF CITf RE -DIRECT CITY WITNESS Vl CITY WITNESS #2, UAKY PQLMER, SWURN/TESTIFIES DEFENSE CROSS CITY WIlNE6S #3^ LARRY MECKLIM0 DEFENSE MOVES TO STRIKE TESTIMONY DY CITY WITNESS 83 AS lT PERTAINS lO COST OF REPAIRS OR RECONSTRUCTION OF Q HoME CITY V0IR DIRE CITY WITNESS 03 DEKEMSE CROSS EXAMINE CITY WITNESS i3 ON V0IR DIRE DEFENSE NOTION TO STRIKE TESTIMONY OF CITY WITNESS 43 lS DEWlEO DEFENSE GROSS EXRMlME CONTINUED CITY RE -DIRECT CITY WI[NESS 83 DEFENSE RE -CROSS CITY WZlNESS #3 CITY RE RE -DIRECT CITY WITNESS &3 RECESS COURT RESUMES CITY WITNESS 44/ OP0R JAMES OOULD, SW0RN/TES1IFIES CI7Y EXH #20, CERTIFIED KING COUNTY P0C, MHRKED DEFENSE OBJECTS [O ADMISSION OF CITY EXH 420 AS NOT PART OF DISCOVERY AMC LACK OF FOUNDATION COURT DENIES SECOND OBJECTION G0URT WILL ALLOW CITY EXH V20, DUT WILL ALLOW DEFENSE ADDITIONAL TIME TO MDRESS DIS0V[RY ISSUE CITY EXH *20 ADMITTEO CITY EXH V21, CERTIFIED DEED FROM KING COUNTY, MA9KEf� DEFENSE OBJECTS AS TO RELEVANCE - OVERRULED CITy EXH S22, CERTIFIED DEPT Or QEVENU[ DOG, MQRKED DEFENSE OBJECTS, NOT PART OF DISC0VEPY CITY ARGUES 1H@T IT TIES WITH EXH $22 AS TO THE PARCEL NUMBER OF THE PROPERTY COUR7 WILL ALLOW CITY EXH 122 AS IT PERTAINS TO THE PARCEL NUM8ER CITY EXH #23, CERTIFIED uJN6 80UNTf D0C, MARKED DEFENSE OBJECTS AS TO RELEVANCE, OVERRULED DEFENSE CROSS CITY WI[NESS 14, OFFICER J. 6OUL� DEFENSE EXH Sl, 0FFIDAVIT [0R SEARCH WAPRANY AMD RPTS FROM OFFICER 80ULD, MARKED DEFENSE EXHS 82 AND EXH S3, PHOTOS, MARKED OITY O%JECTS 70 ADMISSION OF PHOTOS COURT DENIES ADMISSION OF DEFENSE EyHS V2 AND 03 RE-DIR[C; WITNESS [XCUSE2 DoCk*t continued On next pago hi)HlCIPAL OOUkl PACE: l� K E T KOVN0= r-,LEI' R08IN DLAN CAS0 CROC47655 RPD Criminal Non-Traffit pq+Ucy No. O3-776� lEYl - �cnfl�Uo� C UV/302058 CIVY N0YE5 TO DISMISS OT a W/P8EJUDICE IN BOTH CAS[ LL] GK3y568 AND CR,7b53 - GRANTED 4 103 0Il\ R[5TS 004 0EFENKE M01I0N 10 DISMISS 4113 CITY KSPONSE 4:16 HALF TIME MOTION TO DISMISS DENIED 4v23 BRIEF RE0F0."i 401 yACK ON RECORD, DISCUSS SCHEDULING FOR C0Wl3NOIN(, 028 PARTIES AGREE 10 AD]0@RN FOR DAY TO RETURN AT 9AM 5-8-Up.. 0004 DEFENSE =[ON TO DIMISS ALL COUNTS, 000 CITY RESPONDS 0406 HALF TIME MOTION TO DISMISS ALL COUNTS - DENIED, 0023 BRIEF RECESS. 04:27 COURT RESUMES PARTIES DISCUSS SCHEDULING FOR C0NTINUIM6 04:28 PARTIES AGREE TO AD30URN FOR TODAY AND CONTINUE AT 0:00 AM ON 5/8/09 S Charge 2 Dismissed W/Projudice : City'a Mtn -Other Case Heard Before Judge SCHWARTJ, MY0HAL H U 05/08/2008 09:05 COURT RESUMES FOR DAY 2 OF GENCH TRIAL JUDGE PRO TEM MYCHAL SCHWARTZ 80T PR[SENT W/ ATTY K. DAVIS CITY REPRESENTED DY PA S. ARTHUR 00:06 DEFENSE PRELIM ARGUMENT RE NO SUFFICIENT GROUNDS TO FIND lHMT THE DEFT ENlERED INTO H VOLUNTARY COMPLIANC[ 86RN7 W/ THE CITY 0008 COURT RESPONDS - SATISFIED !HAT S8FFICIENY GROUNDS HAVE DEEN LAID 05:09 DEFENSE WlYNFSS $1, A01IN MILLER, SWUkN/TESTIFIES 0014 DEF£N5E EXH V4, DEFTS NOTES, MARKED CITY RESPONDS - HAS NOT PREVIOUSLY BEEN PROVIDED W1 DEF75 NOlES AND REQUESTS COPY DEFENSE ARGUES R6AIM51 COPY - DENIED DEFENSE CHOO5E2 TO MOVE FORWARD W/0UT EXH #6 09:25 DEFENSE M0YI0N 10 ADMIT DEFENSE EXH #2 GITf 0E3EC7S - DENIED DEFENSE EXH 22 ADMITTED 09:27 DEFENSE M01I0N TO ADMITED DEFENSE EXH #3 CITY OBJECTS - DENIED DEFENSE EKH 93 RDMITTED 0028 DEFENSE EXH V5, PHOTO, MARKED DEFENSE MOTION 10 ADMIT DEFENSE EXH CITY OBJECTS - OVERRULED DEFENSE EXH #5 ADMITTED 003s DEFENSE [KH At, LTR FROM DEFT TO CITY, MARKED 0906 DEFENSE M0T30N TO ADMIT DEFENSES EXH 46 CITY 043KCTS - OYEkkULEb D[FENSE EXH V6 ADMITTED 00Ckat continued On OeXf paps RUN= huhiCIPPL &WuRf DOOKE''J" D L P L 4 P R N 1 44 . P02TN Df Oki OnSLO GROG47h5b Rp''' GrimiNal Non- 1 r � 1 f! r Aqonav No. 02-110''. 4.A! G010nno4# 0 05/00/2HOB 0902 CITY CNOSS 00ENSE WITNE55 41. 0%09 DEFENSE 05 CITY CLuSING ARGUNEN- !On!! DEFENSE CLOSING AR6UNEN'', 10%22 CIYY PINRL CLOSING ARGUMEN'T" COURT FINDS DEFT GUILTY 1N BOTH CR4?655 AND CR30bk,-' 11:12 PARTIES AGREE fO 60 FORWARD W/ SENTFN01N(,- ONO ADDRESS COURT W/ RECONNENDATION;'i ws& COURT RFSPOND�, Gnarge A Other Deferral : Other Pros Rsn Case Heard Refore Judge SCHWARTZ, MY(HOLI. No Griminal Violations : 6 ri Monitored Unsupervised Probat. a 6 1-1 01her ; b N DEFT TO WORK W/ C11Y TO RESOLVE THE OUTSTANDING !SSUES LEFT OPEN BY THE CIVIL PROCES,'�.,' Deferred Sentence Condition i 5 N DSE Review Set for 1110812000 0 IF CONDITIONS ME!, CASE nISMISSED a DEFT'S PRESENCE WAYVEk, , . .)S SIOWED, FINES CONCURRENT W/ CR3956,0 COURT ORDERS CASE SET FOR REVIEW IN 90 DAYS TO CHECK SJQ1US,, OF CIVIL PROCEEDINk.-i N011CL TO APPEAR SIGNED; C0 CITY, ATTY DAV0�-, REV Set for 00/12/2009 02:30 P11 in Room 2 with judge TLj con Plan REVIEW, THEN 11/m-'' POPITIONPL GASL DA10. Case DISPOSWOI'i oinpositions UPFH P a r t i 0 pttornev DnVQ, KIRK CHPRLE.�, Parssoal Descrapiw-'i Sax% N Race: W DOB: 06/20/1941. Dr.UC.N0.9 MILLERDS94LO State: WH Expires: 200.) Gmpiover-, Ho III 5 10 weigall 220 Eyawn HLU Hair: BRO Hearinq Sui Hold HRRAXONMEN11' H00 PQ"RaAh HEARING Held moyloli Hoid M0110N H 9 L "'l Hold molloi-i Hold MOT1011 old M0!1OW-KNAPSTADJnR oocvet continued on next pAg(,,, ON 11/05/2006 Al 08:30 AM 1N ROOM I ON 12/15/2008 A! 0100 PM !N ROOM 11. ON 01/14/2009 At 02:30 PM IN ROOM 2 ON 01/20/2009 A! 02%31 PN IN ROOM 2 ON 02/10/20OG AT 08%15 AM IN ROOM 1 ON 03/04/2009 HT 02:31 PM 1N ROOM 2 ON 03/16/2009 Af 0100 PM IN ROOM 2 ON 04/13/2009 AT 09:00 AN 1N ROOM 2 WITH T L i W i T H T L,"J` N P O N , LER OPPITIONAL OR51 KO ACLOg Nuill mar'y qVIA READINKS polo NON -JURY TUAL Yre6ulp REVIFW HEORING P A 0 L % I �!,) CASES CRO04045 QP0 Agency ON 05/05/2009 U 00,15 PM 1N ROOM 1 WUH ON 05/07/2009 AT 01:00 PN !W ROOM 2 WIIH TKII ON 00/12/2009 AT 0200 PM 1W ROOM 2 W14H TLJ Gone POVIew Status Review Date complie(I GHAR60 90 - Deferred Sentence Condition 1110012009 1,1 End ol docket report for this cas(-,.r 1110512008: Inspection / Diary log Item I observed the front door ajar when I went by the property today. I called Mr. Miller when I got to the office and advised him his property was unsecured. I told him that the house becomes an attractive nuisance and there is a liability issue. He thanked me for calling and said he would take care of it today. 12/0412008: Inspection / Diary log Item HEX Fred J. Kaufman issued his decision on Mr. Miller's appeal. Appeal denied. 12f1112008: Inspection /Diary log Item Minutes of the HEX appeal were distrubed. 12/1612008: Inspection / Diary log Item Robin Miller appeared in court on the citations issued to him by PD Officer James Gould. He requested to go to trail. 02/1712009: Inspection / Diary log Item The HEX amended decision was issued this date. A copy of the decision was posted at the house, another copy was put in the official file with a declaration of service. 02/2612009: Contact With Violator/ Diary log Item The HEX reissued his decision with an appeal period that expires March 17, 2009. 04113/2009: Inspection / Diary log Item A motion hearing was held. Trial for Robin Miller is scheduled for May 7 and May 8, 2009. 0411412009; Inspection / Diary log Item The unfit building remains and appears to be deterioating further. An OTC will be sent to the co-owner, Diane Miller. Two pictures were taken. 0411412009: Issued Order to Correct / Mail Ref. attached OTC Information Related OTC's: OTC# C08-0182 Status OTC Investigated Mar-11-2008 Issued Mar-18-2008 Comply -by Date Jul-15-2008 Infraction Type Dangerous Building Description Unfit Building OTC# C08-0183 Investigated Mar-11-2008 Issued Mar-18-2008 Infraction Type Multiple Violations Description Bulky Waste & Rat Habitat OTC# C09-0279 Investigated Mar-11-2008 Issued Apr-14-2009 Infraction Type Unfit Building Description Unfit Building Status OTC Comply -by Date Jul-15-2008 Status OTC Comply -by Date May-15-2009 v - 7 I ? 1.'0 1 5 !�; 35120/1KO 0PQND?I'd f k0k& OVW1� y 5 v P L UP yoBb'' - Ahq ku MnqeB on faie,, OR50 OR004FB55 RPJ) GrANLnol Non Traf fb-, Agancv No. 08-7701. Homo Phone% 4252?1090.r or GIGK�' allOK RPO GOULD, jAM0', GHAR64 t.,; Violation Ditto 01/11/20013 Dv Plz'' 1 k&30E UNLAWFUL DEPOSIT GARHAGE/ N Not Guilty n Qny-m) NUISANCE DECLARRED UNLAWF N N O t 001ty 3 RI-A-310) NUISANCE DECLARRED UNLAWF N Not Wltv F i n d i n q Amendod Dismissed W/Preju Other Deforra.i S 10/24/2006 Case Filed *n 10/24/2000 PEF I MILLER, ROBIN DERN Added as Participant OP I:. I COULD. 3AMES Added as Participant: ARR Set for 11/05/200B 00:30 0111 in Room I with judge TL..',i �.1 COPY OF COMPLAINT MAILED TO DEF 5 10/27/2000 Summons/Rail Notice Issued 11/05/2008 ARRi Held Proceedings Recorded on Tape No. 0227 TERRY L KRADO KITY NOT PRESENT DEFENDANT APPEARED FOR ARRAIGNMENT" HDVICE OF RIGHTS N NOT GUILTY PLED STATEMENT SIONED Defendant Rrraigred on Charge 1. Plea/Response of Not GuMV Entered on Chargo I JURY DEMAND DEPT DOEK Nil WISH TO SCREEN FOR P,',= NOTICE OF HEARING SIGNED, CC, PROSECUIOR FTR Set for 1211612000 01:00 Pil in Room 1 with Ju6ge !Lj 12136/200B PIR: He!d Proceedings Recorded on Tape No. 231 Proceedings Recorded on Tape No. 2%3(.) JUDGE TERRY L jURADO UITY REPRESENTED BY S. ARTHUR DEKNDRNT APPEARED FOR PREIRIAL PRO 81:: OPC FILED AND SIGNED NOTIONS: PENDING COMPLETION OF DISCOVERY CITY - NOT SEE A REQUEST hY DEFf FOR DISCOVERY GTAY WIT MOTs OFG GOULD, MPRILYN KnMCHEFF, DInNE MILLER C11Y WIT TRIALn orc GOULD, MARILYN KAMM, DIANE MILLER DEFENSE WITNESS NONE." CASE TO PROCEED TO morION, READINESS, KRY TRIAL HERRINO N0110E SIGNED, CC: PA/DEF'' GITY GIVES DEVI A COPY OF DISCOVERY TODAY 1N COURf Dookol continued on next paq� E G iD M i () OA-RvQKX Qi! Griminol Nun - Trot l-i rILLEA. ROHIN DF0,i Agoncy No. kX 0 Q/IYI�008 NO! Sot for 01/14/2009 0200 Pil M j0 in Roo, 1 with juage !Lj OVH RFODY Got For 01/27/200q 08:iS AN in Room 1 with JFR Set for 01/2Y/2009 08:iS Mill in Room 1 with Judge 10 U 0110712009 DCFENSE NOTIONS 10 QUASH WARRANT, SUPPRESS EVIDENCE, VOID j0; LEVIES AND DIMISS ALL CRIMINAL CHARGES FILED BY ATY ROBIN M I L L E R - REFER 10 JUD0� GUEPOENA FILED BY CITY FOR MARILYN KAMCHEIVF, DIANE MILLEIt, Cl/PO/2009 MEMORANDUM IN SUPPORT OF MOTION TO jOIN DEVENDANT'S OND CONSOLTUAIE FOR TRIAL FILED BY A PA S ARTHUR JUDGE REVIEWED MOTION 9 01/14/1009 MOT on 01/14/2009 02:30 PM fiS Changed to Rcom 2 with judge TLJ MO T a Held Procoedinq2 Recorded on Tape No. 3:00, G A 4 N 1ERRY L JURADO PA T MORENO DEF APPEARED PRO SE AND CONFLICT ARISES WITH jUDGE JURADO HGARING CASE (SIGNED SEARCH WARRANT) AND JUDGE TRANSFERS COVE 10 COURTROOM 2 FOR PRO TEN JUDGE SCHWARTZ 10 HEAR CASE, CIRM 2 - CD 3241. PRO 1EM JUDGE MYCHAL SCHWPRTZ PA S ARTHUR DEF APPEARED PRO slc� M01ION REVIEWED 052 C11Y REQUESIS MOTION TO BE STRICKEN AND CPSE PROCEED TO READINESS AND jURY ARIAL AS SCHEDULED >53 DIF ADVISED HE HAS NOT RECEIVED DISCOVERY 104 COURT DOLE NOT 51RIKE MOTION BECAUSE CITY DID NOT' FILE DISGOVERY TIMELY 3:55 COURT NOTES CITY HAD 2 WEEKS TO RESPOND TO DEF'S BRIEFIN6 - CITY REQUESTS TIME TO PREPARE TO RESPOND 3:55 GIFY REQUEST SPEEDY BE TOLLED 505 CITY MOVES FOR A CONTINUANCE TO REVIEW DOCUMENTS" 3157 COURT GRANTS CONTINUANCE, 1:50 SPEEDY TOLLED 1:09 COURT CONTINUES MOTION 2 WErK�:i 400 CITY ERIEF DUE 1/25/0t.i 400 DEF REQUESTS MORE !HAN JHE 3 DAYS TO PREPARE RESPONSE:. 10 CITY'S BRIEF WHEN FILED uv ou oBjEcrs TO CONTINUING CASE BEYOND THE TIME 400 COURT CONTINUES MOTION UNTIL 1/28/09 AT 2:30 P.M. - GTRN 2 4:0q NEW 90 DAYS 19 2/27/09 (20 DAYS FROM 1/29/09), 009 CASES 10 BE HEARD Hum PRO mm SCHWARTZ Doc t continued on next p4q... DVXl�lF�L � Cl/1�/2000 4:lO 4:ll CASE� CkOU�765S 8PD �rl*�n�l Hon-Tr6fflC Agenoy No. UH-77G� l/25/O8 ADDRESS�S PR��IDED T0 �3YY �R0SEOUY0R D[F 8E��ESTS HIS WIFL'S �AGE DE HEARD WITH HIS �ITY �D��SEQ T�EY FIL[U �0TI0W T0 JUIN DEF MDVISED WIFE IS REPRESENTIN6 HERSELF �SWR[ 8DVISED WIFESE NN0T D:::. DIS ED WI1.10�T HER PRESENl C0RT 0k3[RS CASES J0IMED AND OHDERS 0ASES S�T T06�T�ER DEFENSE 0BJE�TS UN J�I�DER �F �ASES W/HIS WIFE~S G� URT ADvISED THAT CAN DE A1)1)RESSE0 AY HEARlM6 VN l/28�O8 N0TIL. Sill D, C0PY T0 DEF, �� PM **C04781,.,l/ �R38588 AND CR�TB55 ARE TRA�KIN� T06ET�ERm*' 0M J8IN T0 DE DI6��SSED aY M0TI0N HEARING, 0N l/2809. S Dl/1�/20OB OTH R�00Y kvO2/lO/2OO8 O8:l3 A, I'! zn Romm l w�t� JuUge YLJ JTK R *d le d to Q2/lJ/2OO@ 085 HM in �wwm l with JudTLJ MT for Gl/283O9 O2:3l P� �n Room 2 W�t� JU�� YLJ � J. 2UOy DEF. D0TI0N Y0 STRIKE AND ERAMDUM IN� 0PP0SCITY'S Ill 0?I�N JCS T0 J0IN & C0. IDATE FILEOY DEFENDAHY R00IM MILLER - REFE�RED T0 JUD0E SC'HWARTZ JUD�E S�H�ARTJ REVIEWE� M0TI0N S 0O2l3OO2l5 ��tel�aneo�a P�f 9*oo�vo� for 0PY/TAPE FEE3 U DECLAR�TI�N 01"" SERVICE 0F SUDP0ENA F0R WITNESS DIANE JG,S �1ILLER FILED DY ABC - COPY T0 CITY FR0SECUT0R R[�U�ST F�R DUPLICMT%0N 0F TAPES FILFD DY DEFEHDA NT - PAID KLH 0N OR47055 CSLL1":B � NDTlPlE� D2PEH�ANT G� READY F6R PI0#-VP AY FRON, "i TER U�/23�2OOg M08EN� ATDDECL�PLAIN�IFF'S REP�y T0 DEFENDANT'S T]S M0TI0N TSUPPRESS AND DISIll IS5 FILED OY PR0SEC M0 p E,W� - l0 PR0 TEM � SCwART� D[F RENEWED 0D]ECTICM T0 C0NTZIll UANiGE 017 HEARING & ill ELf Y 0F Y�IAL FILED - T0 pNO TEM S�HW�RTZ MHEMO D[CLARA�ION/ �LAIMTIFF'S REP�� T0 DEFEN0RNY~S �0TIC.?H T0 SUPPRESS AND DISMIS FJLf, 1) - TO 1:5R0 TEM SHW8RTZ D[F DE181 "iATIH & �0TI0N T0 ��ASH PLAINTIFF'S 5UDp0ENA REQ0IRIM8 �EF �0 APP[QR IM CR3��G8 � CR��655, DEFENDANT'S 0ECLHRATI�N, 0D��0YI0N TO �vTBENCE & MN F0K EKCLUST0N� INA0hITDIL1TY HULJN6 FlLED H0 TEM SWQRT� O��27/2OOU �EFENDANl'S �0[I0� Y0 ST�IKE PLAINYIFF'S UN�IMLEY KE9LY 3OS & �TT8SH[D HEARSAY EV3DENC[ FILED DY DEF[ND8NT R0BIN �ILLEW - kEFERRFD Tk JUD6S0HwAR1!Z S Ul/2G�2UQ0 ;OT: H�ld TJ6 P3:l2 0nc e.. 4: �ontinmnd nn nex� �ag* DuiC}p�% hlLL�� H0��H OEAN l[X �nO��nU6� U 3L/28/2009 MYCHAL SCHWARTZ PA S. AR7HUR DEFENDAN7 APPEARED PRO -SE CAS0 CRQOl7655 UPD c r i minal NVn-Traffic AgenCy No, N0110MS FOR DIMN[ AND ROBIN MILLER HEARD TOGETHER OITY NOTION FOR JOINDER DISCUSSED. DI0NE MILLER 0DJECTS AND MOVES TO STRIKE FOR LACK OF SERVICE. CITY STATES PLACED IH THE THE MAIL. CITY ARGUES JOINDER MOTION AND CITY DOES NOT PLAN ON USING STMTS FROM EITHER PARTY IN THE OTHERS CASE. UISCUSSI0N HELD REGARDING SPOUSAL INCOMPETENCE AND/OR SPOUSAL IMMUNITY CITY DOES NOT BELIEVE THAT EITHER PARTY HAS NAMED lHE OTHER AS A WITNESS., DEFENDANT ROBIN MILLER ARGUES THE JOINDER MOTION AND REFERS TO CASE STATE V. WHIlE GOURF SATISFIED THAT GIVEN THE CASE LAW THAT JOINDER CANNOT BE ACHIEVED AND UNLAWFUL - MOTION FOR JOINDER DENIED. DIAHE MILLER MOVES TO QUASH THE SUBPOENA - GRANTED RECESS TAKEN 3:3G CASE RESUMES 3:4h PERSUAhT y0 RULE 6.15 WITNESSES EXCLUDED FROM GTRM AND LXT[NDS RULING TO EXLUDE MS MILLER WHEN MR MILLER CAS[ HEART', AND MR MILLER WHEN MRS MILLER CASE HEARD DEFENSE MOTION RENEW OBJECTION TO CONTINUANCE OF HEAQIN6 ANQ DELAY OF TRIAL. CITY ARGUES MOTION AND MOVES TO 5[RIKE. CUURT NOTES THE OBJECTION AND 0VERULES THE 08]EOTT0#' DISCOVERY WAS NOT MADE 21 DAYS FROM REQUEST' COURT ADVISES SHOULD HAVE MADE A MOTION TO C0MPEL, CITY VIOLATED !HE 21 DAYS/ DEFENDANT DID NOT FILE MOTIONS W/IN 14 DAYS OF THE PkElRIAL ORDER. COUNT FOUND 00OB CAUSE TO TOLL SPEEDY TRIAL TO ALLOW CITY TIME TO RESPOND TO 0EFENDAHFS NOTION. COURT NOTES RENEW SD3ECTI0N AND FOR SAME REASON 0VERULED ON l/l< CONTINUED TO 0V[RULE TODAY, 3:57 DEFENSE M0[I0N TO STRIKE PLAINTIFF'S UNTIMELY REPLY & ATTACHED HEARSAY EVIDENC 3:57 DEFENDANT SWORN -IN & TESTIFIES 3:59 CITY HAS NO QUESTIONS 4:00 8ITY MAKES STATEMENT TO THE COURT GITY EXHIBIT #1 MARKED FOR EVIDENCE - DOCUMENT SHOWINO EMAIL CORRESPONDENCE. 003 DEFENDANT MAKES RESPONSE 405 CITY ADVISE1 MADE GOOD FAITH EFFORT 087 COURT SATISIFIED BASED ON CITY EXH. Al THAT THE CITY ATY'S OFC MADE SUBSTANTIAL EFFORT TO COMPLY W/THE COURT ORDER. CITY ATY'S OFFICE IN COMPLIANCE WIT� THE COURT ORDER AND FILED W/C0URT ON FRIDMY AND PLACED IN MAIL TO THE DEFENDANT ON F8JDAY hQU DISCUSSION HELD GE: DECLERATION OF MS, MORF#O Doc i *ontinu*d on next paq� P0/. �J"k Cw., RE|/PO|1 MUHTClPAL 00UY! �A6Ec .D/Aw� 2005 3t3O PM D D C K E ; �' LE� D�8I� DEAN j[kf ' CantlUa6U U 01/26/2448 DOUKT 6Tk[KE3 !HE VECLERAYZ0N IN IT'S ENTIRETY DEFEmIE 0DJEC1I0N NOTED 4:15 DEFEM5F MOTION TO QUASH WARRANT, SUPPRESS EVIDENCE., VOID LEVIES AND DISMISS ALL CRIMINAL CHARGES 4:18 DEFENDANTS RIGHT TO LAWYER REVIEWED AND DISCUSSED FOR PVRP0m or T0DAY'S HEARING DEFT HAS WAIVED RIGHT TO ATTORNEY. COURT TAKES MATTER OF WnIVER OF RIGHT TO LAWYER FOR TODAY AND FUTURE PROCEEDINGS UNDER ADVISEMENT' 4:27 DEFENDANT ARGUES MOTION OBJECTING TO THE CITY ADOF1IN6 RCW 3580 INTO THEIR CODE AND OBJECTS TO THE CITY NOT RESPONDING IN THEIR BRIEF. LEGALITY OF THE SEARCH WARRANT DISCUSSED 4:55 CITY ARGUES DEFENSE ARGUEMENT ON LIMITINC) THE CITY TO CHOOSE BETWEEN A CRIMINAL OR CIVIL CHARGE 5:07 RECESS 07 RESVM[ 5`09 DISCUSSION CONTINUES REGARDING CHARGING BOTH CRIMINAL AND CIVIL INFRACTIONS. 1-3-2(C), MS MOT[D IN DEF BRIEF 5:41 DEFENSE ADDRESSES AUTHORITY OF THE ISSUANCE OF WARRANT h:53 G0URT NOTES ALL MOTIONS HOVE BEEN ADDRESSED 504 MOTION TO QUASH SEARCH WARRANT - DENIED IN TOTAL COURT FINDS WARRANT WAS AUTHORIZED. RCW 35.80 DOES M0T CREAT A CONFLICT 6:01 MOTION FOR ORDER DISMISSING CRIMINAL CHARGES - DENIED COURT FINDS CIVIL CHARGES AS A SEPARATE PR0CE03 COURT FINDS CITY HA5 NOT VIOLATED LAW 6:05 CASE TO PROCEED TO RDY & JTR DEFl REMINDED OF COURT DATE 0TH READY: Not Held, Hearing Canceloo 0TH: HnlU Proceedings Recorded on Tape No. 9:35 l[KRY L JURQDO CITY REPRESENTED BY PA NEW500 DEF1 APPEARED W/ ATYY K. DAVIS DEFENSE M0[IDW TO CONTINUE PER JUDGE ]URAD0, HE WILL NOT HEAR A MOTION ON THIS CASE HOWEVER 3UD0E PRO TEM JENSEN IS AVAILABLE CASE PASSED FOR PRO TEM AVAILABILITY 048 CASE RECALLED 3UDOE PRO TEN KRIS XNSEN DEPEN5E MOYION TO CONTINUE - MTTY DPVIS IS NEW ON THIS CkSE AMD IS NOT AVAILABLE FOR TRIAL AT THIS TIME uITY OBJECTS G0UR[ GRANTS NOTION TO CONTINUE ClTY PROVIDES DEFENSE W/ AMENDED WITNESS LIST AND INDIGATFS THAT AN AMENDED COMPLAINT MAY BE FILED CITY REQUESTS TRIAL ON SAME WEEK AS CR47561 FOR EFFICIENCY OF COURT, PPPlIES, AND WITNESSES CASE: CROU47655 RPl' CrlTiAnl NOm-7ra1flc Agency No, 08-77411. 5 O2/10/2000 rocket continued on next pay'. DU/U�Ohn vqA NiNIO[PHi n.`//]/QQUQ 30? D 0 C K [ T 0090 CK0047565 KPD 04ENDA0 Crlm ipa i Non -Tr6ff1C NlLLiR, R68IN D[n�'� QgeqCV No. 08076� `[X - Contlnu�� U 02/10/2000 CITY 0%JECTS TO ANY MOTIONS BEING RAISED BY DEFENSE ON LLJ MA[lE;S PREVIOUSLY ADDRESSED 10|I0N OND AHDER P0R CONTINUANCE AND RESETTING 01::" COMMENCEMENT UQ[E FILED DY ATTY DAVIS - CITY 0B3ECTS MOTION TO CONTINUE GRANTED ONO SIGNED BY JUDGE PRO TEN 3EMSE'llh! SPEEDY TRIAL COMMENCES [0DAY NOTICE 10 APPEAR SIGNED; CO: CITY/ ATTY DAVIS N01IGE OF APPEARANCE, DEMMND FOR JURY TRIAL/ DEMOND FOR DISCOYEHY, BILL OF PARTICULARS AND OMNIBUS APPLICAYIOM FILED Bf A[YY KIRK DAVIS G ATY l DAVIS, KIRK CHARLES Added an Participa0: JTR on 02/12/2008 08:15 AM zn Room l with Judge TL] Canceled U 02/1l120QQ SUBPOENA FILED BY CITY FOR MARILYN KAMCHEFF/ 6ARY PALMER, JCS GEORGE RUNNE S M0T Set for 03/04/2009 02:31 PM LLJ in Room 2 with Judge TLJ 0TH READY Set for 03/17/2000 08:15 AM in Room 1 With Judge TL3 JYR Set for 03/19/2009 0015 AM in Room l with Judge lL-J U DEFT GIVEN NOTICE W/ INCORRECT JTR DRTE AT FRONT COUNTER CORRECTED NOTICE MAILED TO DEFT; CC: CITY, A?TY 42/i3/2009 FILED BY LM, AEC UNABLE TO SERVE GEORGE RUNNE, 0C:CITY JCS ?/16/2009 SUBPOENA FILED BY CITY FOR MARILYN KAMCHEFF, 8E0RGE RUNNE, 6ARY PALMER U2/17/2008 DECLARATION OF SERYICE OF SUBPOENA FOR WITNESS GARY PALMER FILED BY ADO - COPY TO CITY PROSECUTOR D2/19/2009 FILED BY LM, ABC UNABLE TO SERVE 8E0K8E RUNNE, CQCZYY 02123/2080 DECLARATION OF SERVICE OF SUBPOENA FOR WITNESS 6ARY PALMER FILED BY ADC - COPY TO CITY PROSECUTOR U2/25/2009 DEFENDANT'S MOTIONS AND MEMORANDUM FILED BY ATTY5 EJARQUE AND TJS DAVIS - TO JUDGE SCHWARTZ 03/03/20D@ AMENDED CRIMINAL COMPLAINT FILED BY PM 5 ARTHUR JCS DEFENDANT'S MOTIONS AND MEMORANDUM FILED - TO JUDGE SCHWARTZ TJ� 6 03/34/2009 MOT: Hyld KLH Proceedings Recorded on Tape No. 4:30 Y PRO T[M MYCHAL 3CHWQRTZ PA' S. ARTHUR DEFENDANT APPEARED W/A[Y KIRK DAVIS C0UR[ PLACES 0N RECORD DISCUSSION AT PRIOR MOTION HR0' ON 1/28/09 OF HJRINO OF COUNSEL AND CONCERNS OF COURT OF DEFENSE COUNSEL REQUESTS FOR CONTINUANCE AND DELAY. GOURT REVIEWS C0V@T DOCKET' COURT DISCUSSES JOINDER MOTION ON RECORD OF DI0NE MILLER CASE (CR478lI) AND ROBIN MILLER CASES (CR39568 & =7655) THAT COURT DENIED ON 1/28/00 COURT DISCUSSES DEFENSE JOINED NOTION FILED 3/2/0y BY ATY EJARQUE AND MTY B�VIS 000 f c*nfinueU on next pay, py7O205X &�� yEN70H MUN[OIPAi COUPI x5125/20U9 2035 PU D 0 C [ E [ CAKE: CRO347656 kPD &F&ND8N? Crim in61 Hon- Tr6ff1( |1`'LLH. R01lN DL4N Agency No. 03-770, ;[:T - Continued ; C3/01/2009 GO3R7 NOTES ANEHDED COMPLAINTS FILED BY CITY ON 3/2/09 KLH COURT NOTES HIRING OF COUNSEL IS NO LONGER AN ISSUE 8[F0HE lHL C0UR/ AS PRIOR ]VD8E HAS ALREADY ALLOWED 00UPT ODDRESSES AMENDED COMPLAINTS FILED BY CITY C0UR[ ADVISES 15 NOT INCLINED TO PROCEED TO NOTIONS FILED AS DEFENSE WAIVED RIGHT TO ADDITIONAL MOTIONS AT PRIOR MOTIONS DATE' COURT ADVISES IF THE CITY CHOOSES 70 AMEND THE CHARGES WILL ALLOW DEFENSE CONTINUANCE COURT ADVISES DEFENSE COUNSELS JURY TRIALS WERE DE HELD ON DIFFERENT JURIES CIly WITHDRAWS LEACH COMPLAINTS - AMENDED COMPLAINTS W/DRMWN COURT NAMES CHARGE ON THE RECORD DEFENSE COUNSEL KIRK DAVIS REQUEST DEFENSE DE ALLOW TO PROCEED WITH ADDITIONAL M0TI06 RECESS TAKEN 5:02 CASE RESUMES AT 505 PROSECUTOR/ T. MORENO, PRESENT nND MAKES STATEMENT 509 PORTION OF PROCEEDING FROM 1128/08 PLACED ON RECORD OF DEFENDANTS STATEMENT WAIVING RIGHTS TO ARGUE ISSUES OF LAW 016 DEFENSE COUNSEL DAVIS ADVISES JUDGE 3ENSEM RULED THAT FUTHER NOTIONS WOULD HE ALLOWED 5:l8 CITY 08]EOTS 5:l8 COURT ORDERS HEARING RESET 504 COURT ADVISES IS RESETTING TO LISTEN TO PRIOR READINESS, H6MHIN 6. 5:25 CITY ADVISES THE STATUS QUO WILL BE CHANGED IF FUKTHER M07I0#S ALLOWED CITY PLACES ON RECORD OD3EC1I0N 70 GOING TO ANOTHER DATE OTHER THAN STRAIGHT TO READINESS 5:28 COURT NOTES PROCEDURAL MOTION ON 3/l8 IF COURT ALLOWS ADDITIONAL MOTIONS HEARD & lHEN THE CITY FILES AMENDED COMPLAINTS MOTIONS WILL DE HEARD Al' ANT0YHER MOTI0wE wE 6:21" DEFENSE REQUESTS PILL OF PARTICULARS FROM CITY COURT WILL NOTIFY pARTZE5 OF DECISION PRIOR TO 3/16/00 HRG REQUEST FILED BY ATTY DAVIS FOR COPIES OF 8D FOR HEARINGS ON 1-28-09 AND 2-10-00 N07ICE SIGNED BY HTTY FOR DEFENDANT, COPY TO DEF, 00; PA,HTTY 03/08/2000 FlNDIN6S OF FACT AND CONCLUSIONS OF LAW REGARDING COURT—S DECISION ON HEARING ADDITIONAL NOTIONS & ORDER REQUIRING THE CITY To PROVIDE A HILL OF PARTICULARS FILED BY JUDGE SCHWARTZ COPY FAXED TO DEFENSE ATTORNEY & CITY PROSECUTOR VERIFICA7I0M FAX WENT THROUGH TO ATTY DAVIS & CITY PROSECUTOR PLACED JN FIiE MOT Set for 03/16/200g Ol:OG PN in Room 2 with Judge TL3 CLERK CALLED ATTY DAVIS AND ADVISED HIM CD'5 WERE READY Docket continued on next pay? omm umm %SA 011 RFNlok UUNAtIFnL G0UkT PAS[: 8 "2]O8 17]0 PM D 0 C K [ T QK[NDAA( M` L[y, ROXIN 00h /LXl - continue/ QASE: CP004055 RPD CrzNin& Non -Traffic AyeooV No. 03-704 6 03/U6/2009 HOWEVER THERL lS A $lO FEE POP EACH CD - HE STATES HE WILL MOIL A CHECK - Cg'S HELD ON BSA DESK AWAITING CHEC% S 23/0/2009 MOT: Hold Proceedings Recorded on Tap* No. 1:21. U PRO lEM MYCHAL SCHWARTZ PA S HRTHMR DEF APPEARED W/HTYY KIRK DAVIS 02:10 PARTIES RETURN TO COURTROOM 02710 COURT ADVISES MISMANAGEMENT BY CITY PROSECUTOR'S OFFICE JUDGE WANTS TO KNOW WHO DID NOT NOTIFY CITY PROSECUTOR Ok JUDGE'S RULING - HIGHEST LEVEL IN CITY PP0SECUT@R'S OFFICE TO RESPOND TO PRO TEM JUDGE SCHWQRTZ KILL OF PARTICULARS WAS TO HE FILED BY CITY 02:ll COURT ALLOWS NOTIONS AND AMENDED COMPLAINTS TO BE PILED 02:17 DEF MOVES TO DISMISS PER PROSECUTORIAL MISCONDUCT 02:l7 COURT DENIES MOTION 0203 COURT RULES THAT CITY PROSECUTOR CAN FILE AMENDED COMPLAINTS AND DEFENSE WILL DE ALLOWED 10 FILE MOTIONS 0203 COURT WILL ALLOW CITY TO FILE THE AMENDED COMPLAINTS FILED PREVIOUSLY AND WITHDRAWN - CITY WILL RESE9VC ON THAT AT THIS TIME 02:25 CITY ADVISES IF MOTIONS ARE NEEDED, CITY WILL ASK lHRT PREVIOUS LEACH COMPLAINTS WITHDRAWN. FILED AGAIN O2:2h DEFENSE HAS PREVIOUS AMENDED COMPLAINTS ()2:27 DErENSE HTTY EJARQUE ASKS AD0UT PREVIOUS MOTIONS 02:38 COURT DOES NOT WANT TO RELITIGATE PREVIOUS M07I0M6/ XUT WILL HEAR NEW MOTIONS U2:45 0PC FILED AND REVIEWED BY COURT - DISCOVERY ISSUES DISCUSSED 0201 COURT ORDERS CITY TO PROVIDE DOCUMENTS RF: GTVIL LITI8ATION - CAMERA REVIEW BY COURT, BEFORE PROYI0INC, TO DEFENSE - CITY RESPONDS 12:53 CITY REQUESTS DEFENSE TURN ALL DISCOVERY OVER TO THEM RE/ CIVIL LITIGATION, ALSO 02:56 DEF A7TY KIRK DAVIS RESPONDS RE: DISCOVERY IN CIVI-L. LITIGATION - ADV DIFF SITUATION IN DEFENSE CIVIL �ASE 02:57 COURT RESPONDS - THE CASE ITSELF IS BEING LITIGATED 03:00 CITY OBJECTS - NOTED BY THE COURT O3:05 0PC DISCUSSED - COURT ADVISES NO FURTHER NOTIONS WILL HE ALLOWED AFTER NEXT MOTION HEARING 03:17 0p0 DISCUSSED 03:18 DISCOVERY TO BE PROVIDED BY 3�3l/08 03:18 AMENDED COMPLAINTS TO HE FILED BY CITY 03:21 MOTION, READINESS AND JURY TRIAL DATES SET W/PARTIES 03:22 DEF TO FILE BRIEFS BY 4/6/09 09:22 CITY TO RESPOND BY 4/10/09 03:26 PRO TEM JUDGE SCHWAHTZ IS THE ONLY JUDGE rO HEAR MOTIONS, READINESS AND ]URY TRIAL 03:26 COURT SE[S NOTION HEARING ON 4/13/09 AT 903 A.M., DoCkOt Continuwd On next Pag�? Imm 003N DUHIG1FAL 2U/2OUQ 3:3U Pri D 0 C K E T S 03/17/2809 |1I|LE� R�XIN DEAN ` - Continua,,! 01/lh/2UQ9 REPDIN[SS ON 5/5/09 AND ]URf TRIAL ON 5/7 HMD/0k 5/8/09 OA:29 COURT DI5GUSSFS JOINDER I9S0F RULED PREVIOUSLY - WTLi HAVE MOTION HEARING ON SAME DATE OP0 FILED & SIGNED DlSN00Rf ORDERED TO DE COMPLETED NO LHFER THAN 3/31`/0g 0PC FILED & SIGNED MOTIONS: MOT TO DISMISS FOR VOID FOR VAGUENESS & OTHER CONSTITUTIONAL ISSUES INC[ THOSE BRIEFED BY 0EF'S 2/35/09 & MOTION DISMISS FOR FAILURE UNDER 1.3,3(E)(1)&(2) TO 5E000' VOLUNTARY CORRECTION, KNAPSTAD & POSSIBLE 4TH AMENDMENT CIT WIT FOR MOT & JTR: OFFICER GOULD^ MARILYN KHMCHEFF, CIT WIT FOR JTB: GARY PALMER AND GE0QGE RUNME (BOTH P.S.) DEF WIT FOR JTR: DEF MAY CALL EXPERT WITNESS REGARDING V8LU[ OF BUILDING REPAIRS. NAME, ADDRESS, PHONE & EXPECTED T[STIM0NY TO DE PROVIDED 14 DAYS PRIOR TO TRIAL. CITY 18 AMEND COMPLAINT PRIOR l0 MOTIN HRG - 3 CTS ON EH CAGE CS47655: CT l: NUISANCE - 3UNK VEHICLE (HMG 1-3-30), l-3-4(A)(11)(C)(4) ST 2: NUISANCE - UNFIT OR ABANDONED STRUCTURE G1030568r CT it SAME AS 0T l (DIFFEREN7 DATE) A§0YE CT 2: SAME AS 0l 2 (DIFFERENT DATE) PROVE BRIEFING SCHEDULE: DEFENSE DUE 4/6/0!� CITY RESPONSE DUE 4/10/00 CITY PROSECUTOR NOTES OBJECTION IN WRITING ON THE OPC RE: DISCOVERY - THE CITY IS ORDERED TO TURN OVER MATERIALS RFLAlED TO THE CIVIL 008QTI0$ RELATED TO THEIR PROPERTY lN A00ORDANCE WITH CR@LJ 4-7 TO THE EXTENT THE CITY 8ELTFVFS WORK PRODUCT MAY BE INVOLVED, DOCUMENTS MAY BE SUBMITTED TO lHE COURT FOR IN CAMERA REVIEW NOTICE SIGNED, COPY TO DEF, CC: ATTY, PA MOT Sot for 04/13/2009 09:00 AM in Room 2 with judge TLJ 01H READY on 03/17/2001 08:15 AM in Room l with Judge lLJ Canceled JTR on O3/l0/2OO8 08:15 AM CASEn CROOA7B55 RPD 0rim2nsl Non-Tr�f[lC Agency No. 001764 in Room l With Judge TL] Canceled UOl on 04/13/2009 09:00 MM in Room 2 with Judge TLJ Canceled M07 Set for 04/13/2009 Uy:OU AM in Room 2 with Judge TLJ STH READY Sot for 05/05/2000 08:15 AN in Room l with Judge TLJ JlR Sot for 05/07/2000 08:15 AM in Room l with Judge YL3 U 04/02/2DO0 SUBPOENA FILED BY CITY FOR MARILYN KAMCH[FF, C[ORCE RUMNE, 0ARY PALMER 04/Ob/2009 DEFENDANT'S MOTION AND MEMORANDUM FILED BY AYY KIRK DAVIS - REFER TO JUD6E Doc 2 continued on next pap''. mmm Imm kv/U;PAX yS�i kINlAN MUNICIPAL C��kT PA�E: lO .�s/JO/wing 3;jU PM D 8 C K [ T �[FL|1D||NT Ru8lN DLAU GASEr &P000645 RpU Criminal Non-Yrnffi< Agency No. O8-778� lEYT - Ronta nun"'! V 1400/2ODO DECLARATION OF 2EKVIC[ OF SUBPOENA FOR WITNESS GARY PALMER FIL[D BY ADC - COPY TO CITY pRDSECUT0R DLGLARATION OF SERVICE OF SUBPOENA FOR WITNESS GE0ROE HUNWE FILED BY MBC - COPY TO CITY PROSECUTOR 3 O,/13/2508 MOT: Held Pr0000din0a Recorded on !ape No. 0:04. U PRO TEN MYCHML SQHWARTZ PA S HRTHVR 8EF APPEARED Q/ATTY KIRK DAVIS CITY MOVES TO REINSTATE LEACH COMPLAINTS IN FILES MND DEFENDANT'S ARRAIGNED - FORMAL READING WAIVED AND ENYEHS PLEA OF N01 GUILTY CT 3 ADDED - NUISANCE - JUNK VEHIGLE DEF OBJECTS - SB]ECTI0N NOTED DISCUSSION HELD REGARDING MOTION TO JOIN CITY TO RESPOND TO COURT IW RESPONSE TO OUESYI0NS ASKED %Y JUDGE - TO RESPOND OY 5/1/09 TO TOE JUDGE BEFORE RDY CITY RESPONDS;' 0022 DEFENSE MOTION TO DISMISS W/PRE3UDICE THE CHARGES OF NUISANCE, RMC 1-3-3(C) 09:28 DEF MOTION TO DISMISS RE: COLLATERAL ESTOPPEL 0030 DEF MOTION 10 DISMISS PURSUANT TO STATE V. KNAPSTAD 08:31 DEF RE8UESTS CT l ESSENTIAL ELEMENTS ARE NOT INCLUDED 0045 CITY RESPONDS TO DEFENSE NOTIONS AND ADVISED IN HI� XRIEFS 00:54 COURT AESP0N8S RE: CZTY'S ARGUMENT HE: ORDINANCES. 09:55 COURT RESPONDS RE: KHAPSTAD NOTIONS ON MS. MILLER CASE CR47861 - COURT ADVISES THEY D8 NOT HAVE A��E5S AND HAS NOT BEEN PROPERLY RAISED 09:57 COURT RESPONDS RE: COLLATERAL ESTOPPEL ON MILLER CASES CR39588 AND 0R47855 0059 DEF RESPONDS RE: COLLATERAL ESTOPPEL AND ADVISES THESE iSSUES ARE IDENTICAL AND !HEY 0D]EOT 10:02 C00K7 ASKS IP COLLATERAL ESTOPPEL AND DOUBLE JEOPARDY ARE THE SAME ON THESE OASES - DEF AGREES THEY ARE THE SAMf l0:05 COURT FINDS AS TO ROBIN MILLER, THE CRITERIA OF COLLATERAL ESTOPPEL lO:OT COURT QUESTIONS DEF - VEHICLE WAS REMOVED FROM PROPERTY TW0 MONTHS AGO 10:11 COURT ASKS CITY REGARDING ROBIN MILLER CASES AND IF DIQNE MILLER WAS NOTIFIED OF ALL THE CORRECTIONS NEEDED ON THE PROPERTY - CITY RESPONDS 1004 COURT ASKS CITY 1F DEF DTANE MILLER KNEW OF ALL THE CORRECTIONS NEEDED - CITY'S BRIEF DISCUSSED 1016 COURT DISCUSSES RE: VIOLATION OF KING COUNTY PRIOR TO ANNEXATION RE: MUNICIPAL ORDINANCES - CITY RESPONDS 10:17 COURT DISCUSSES KING COUNTY YI0LMTI0N AND DEF DIHME Pocket tonu:uod on next oago omw })v/kZunx Rn470N MUA01PHL //�/23//OD9 J:1V ['M D 0 C v E T CqSE: CROO47655 RP I) QEFnNaw& Crlmw& Won- Traff1� h` LLK POEIN D[W.i Ag0nCV No, 00-77b.,:. TE> ' Conti now"! 0 00/1212009 MILLER HAVING KNOWL[D0E - CITY RESPONDS TJS 10:26 COURT ASKS CITY RE: OWNERSHIP 0P PROPERTY 1027 0]SCUSSI0N HELD kE: CRIMINAL CITATION BEING CORRECTLY U4/l5/2OO8 O4/22/2UU9 J5/O4/2OOg S O5/O5/ZUU9 ISSUED TO DEF DIANE MILLER - CITY RESPONDS) 10:30 COURT RESPONDS TO NOTION TO DISMISS RMC ON THE GROUNDS OF THE ORDINANCE IS UNCONSTITUTIONALLY VOID FOR VAGUENESS 1009 COURT FINDS CTS l ON BOTH CASES MET THE REQUIREMENTS, BUT CITY TO FILE BILL OF PARTICULARS 1041 COURT FINDS CT Z HAS MET THE REQUIREMENTS, VUT CITY TO FILE SPECIFIC INFORMATION - CITY RESPOND� ADVISING 801N6 FORWARD WITH 0l 2 1044 COURT RESPONDS RE: KNAPSTND - NOT APPROPRIATE 10:45 COURT RESPONDS RE: COLLATERAL E5T0PPEL - DENIED 1045 COURT FINDS ALL MOTIONS DENIED 10:40 DEFENSE REQUESTS ADDITIONAL INFORMATION BE ADDED T0 FILE - COURT WILL TAKE UNDER ADVISEMENT 10:48 COURT FINDS 15SUE OF KNAPSTAD CAN HE BROUGHT UP AGAIN 1003 C0URr DISCUSSES WHY HE WAS TAKING UP ISSUES OF R0DIN MILLER CASES FIRST, rHEM DIHNE MILLER 11:30 DEFENSE SPEAKS RE: HILL OF PARTICULARI DUE BY CITY 11:30 COURT ADVISES CITY IS TO PROVIDE A STATEMENT OF INDICATION UNDER WHICH PRONGS CITY IS PROCEEDING UNDER ON JUNK VEHICLE BY FRIDAY 11.:31 0ASE TO PROCEED TO READINESS AND 3URY TRIAL Charge l Omended to: NUISANCE DECLAQRED UNLAWFUL Case Heard Before judge SCHWAPTZ, MYCHAL H Defendant Arraigned on Charge 2 Plea/Response of Not Guilty Entered on Charg* 2 Rl-3-30) Added as charge 3 Defendant Arraigned on Charge 3 Plea/Response of Not Guilty Entered on Charge 3 JUDGE FILES MEMO TO CITY RTTY SHAWN QRTHUR WITH OUTSTANDING QUESTIONS FOR RESPONSE - 8 RESPONSE TO THESE 0UES[I0NS ARE DUE BACK NO LATER THAN 4 P.M. ON 5/1/09 COPY OF MEMO SENT BY FAX TO ATTY DAVIS JUDGE GIVES COPY OF MEMO DIRECTLY TO CITY PROSECUTOR CASE FILED READINESS RESPONSE TO COURT ORDER REGARDING RMC 6�1—x2 SECTIONS x� FILED BY ATY SHAWN ARTH8k RECEIVED FAXED COPY OF EXHIBITS TO THE MOTION FOR RECONSIDERATION FROM ATTORNEY KIRK DAVIS DEFENDANT'S M01I6N FOR REC0NDSIDERATl0N FILED BY ATTORNEY KIRK DAVIS COPY OF DEFENSE NOTION FAXED TO PRO TEM SCHWART2 PLAINTIFF'S REPLY TO UEFYS MOTION FOR RECONSIDERATION FILED OTH READY: Hold Proceedings Recorded on Tape NO. 900 JUDGE PRO TEN MYCHAL SCHWARTZ 00c t continued on next pag� KLH RENlCN MUNICIPAL COURT 0OC K[7 ��FENU�i�l —ROSIN ;LAM CASEn tPU947655 GP` 0riminol Non-lr»ffu AgonCV No. O3-1701 [[k. - Contin;*d J 00[5/2010 CITY &PBESENYED BY PA S, AKYHUE ` Dill PRESENT FOR READINESS W/ AT7Y K. DAVIS COURT DDRLSS[S DEFENSE MOTION TO RECONSIDER DEFENSE ARGUES RE CHANGE IN THE CITY ORDINANCE FROM A CIVIL INFRHC�I�N TO A CRIMINAL VIOLATION - DOES NOT BELIEVE THAT THE 011Y CLEARLY DEFINES FHE DESIGNATION OF A PUBLIC; NUISANCE 9:04 CITY RESPONDS COURT NOTES THAT THERE WAS A SUBSTANTIAL MATERIAL CHANGE IN THE ORDINANCE: IT WAS THE CREATION OF A NEW CRIMINAL CODE, NOT 3UST H M06IFICMTI0N OF THE EXISTINO CODE' DEFENSE M0TZ0W TO RECONSIDER 19 DENIED DEFENSE ARGUES THAT [HE DEFT WAS NOT ADEQUATELY MADE AWARE OF THE CHARGES AGAINST HIM AR6UMENT NOTED BY C0UR1 - DENTED S JlR on 05/07/2009 0015 All, in Room L with Judge [iJ Canceled UJT Set for 05/07/2009 Ol:OO P11 in Room 2 with judge TLJ ; PARTIES AGREE TO WAIVE TO BENCH TRIAL WITH A POSSIBLE GTIP TO FACTS ORDER ON CRIMINAL NOTION 916NED BY JUDGE JURAD0 M3TICE TO APPEAR SIGNED; 0O: CITY, HTTY DAYI5 V 007/2000 MJT: Hold Proceedings Recorded on Tape No. l:OB U JUDGE PRO TEM MfCHAL SCHWART7 CITY REPRESENTED BY PA S. AHTHUR DEFT PRESENT FOR DENCH TRIAL W/ MTTY K. DAVIS CITY PRELIMINARY M0TIOH0 GITY FILES SECOND AMENDED COMPLAINT ON CR47655, CHANGING THE DATF TO READ ''0N OR ABOUT JULY 16-18/ 2U08'' NO OBJECTION BY DEFENSE DEFENSE WAIVES FORMAL READING AND ENTERS PLEA OF NOT 6UILT\ 0I05 CITY MOTION TO ADD TES71M0Nf OF TWO NEIGHBORS OF WITNESS 8. PALMER, NOT PREVIOUSLY IDENTIFIED ON 0P0 DEFENSE OBJECTS 10 LACK OF NOTICE CITY MOTION TO SUDMIT ADD'L TESTIMONY - DENIED 001Y CITY MOTION 10 ADMIT TESTIMONY FROM LARRY MECKL3N WHO IS N0f IDENTIFIED ON 0PC - ARGUES THAT WITME0S MECKLIWS' 7[STIMONY HAS BEEN CONTINUALLY ADDRESSED 7HH0UCH0UT THE COURSE OF THESE PROCEEDINGS DEFENSE OBJECTS - WITNESS NOT 1DEN11flED ON 0PC COURT WILL ALLOW TESTIMONY FROM WI[NESS M5CkLIN AS IT IS NOT PREJUDICIAL 10 DEFT 01%20 DEFENSE MO7I0N TO EXCLUDE WITNESSES FROM COURTROOM -- GRANTED CITY WITNESS 01, MARILYH KAMCHEFF, SWORN/TESTIFIES 052h CITY EXH Vl AND EXH 42, PHOTOS, MARKED AND ADMITTED D103 CITY [XN 03 AND EYH 94, PHOTOS, MARKED AND ADMITTED Docket continued on next page MU11 1�IP��' �0;YT PA�E: l3 LX CSnfi��0 U D%/O7/2OUg 011.:�� U2:54 O2:5? O3:OD O3:O2 U]:Q4 �3:05 O3�O5 O3:23 O3:2� O3:�8 O3:5O O�:Ol CASE: �ROO�7655 RPD G l NVz-lr�f/iC Ag�n(y F� ��DlN MILLEk. MAR�ED/AD�ITTED CIT} EXH 4,61 W,ITNE5GMCHEFF'S SUIII Ill ARY 0F C il"3E N0TES, 11.8RKED F0R REF[I E �ITY EKH� #7, 9, AND 9, PH070S/ MARKED/Hb��TT�� Ol7y EkHlO, ll2, 4.l3, #l4/ #l5lBlY #l8/ AND AH0TDS/ MARK�f,/AD11ITYED �2�EwSE �ROS� CITY WITNE5S 0 -1/ MHRILf# V.AM GHEFF �ITY RE-�IR�CT CITY WITNESS �l OITY WITN�ES #2, 6ARY PALMER, SWORN/TESTIF3E� DEFENSE CR0Ss (IITY WITNE5S #3, LAHRY I'!ECKL1'N0 D�f[NSE MOVES T0 STRIKE TESTIM0NY EY CITY WITNESS IV AS IY PERY�INS T0 �OST OF R-PMZRS �R RE�0NSTRUCT�0N 0F A HOM� 0fTY Vf)IK DIRE Y WITNESS it3 DEFENSE C�0SE EAAMIME "TTY WATN1::.S5 43 0N VO1R DIRE NSE M0TI0� Y� STKIKE TE6TIM0NY OF CITY WITMES5 �3 I5 DENIEj1) DEFEWSE CH()SS EXMMINE C0NTIN1 i O CIlY RE-bIR��T �%TY W�TNFS5 �3 DEFEN5E RE-CR0SS �ITY WIYNESS 43 cITY RE R1)I@ECT C/ITY WITNESS A. RF��SS ��UHT RE��MES CITY 1;jTTflE5S It 4/ 0FCR JMES 0ULD, SW0RN/TESTIFIES CITY ExH �2G, CERTIFIED KIN� C�UNTY DOC, MQRKED DEFENSE 0DJECTDMISSIN OF CITY EXH �2O AS N�T P8K7 0F DISCCVERY MND LQ�K 0F F0UNDATI0N COUP, E.14IES SF00ND ODN C0URT WILL ALL0H �ITY EXH #2O, BUT WILL ALL0W DEFENSE nDDIl%0N�L !l�� TO ADRESS DIS0VERY ISSUE GITY E�i'-f �DMITlED �ITY EXH ��l, CERTIFZ2D DEED FR0M KIN8 �0UWTY, 1ARKED DE,FENSE 09JECTS HS TO RE— LEvjANCE - 0VEHRULED C�TY EXH #22, CERYTF��D DEPT 0F R�VENVE D�C, MARKED DEFENSE 0D3ECTS, M0T P(IST 011: 1)I�G0VERY CITy A��ES �HAT IT TIES WITH E�H �� AS T� TH[ PARC[L WUMDER �F THE PR0PEKTY C�U�T WILL ALL�W CITY EXH �22 AS �T PERTAINS �0 THE P0RCNU'11SER �1,Ty EXH 92�, CERTIf-IED KIN0 (i0UN{Y DOC, MARKED 1)EFEWSE OD3ECTS GS TO RELEVAN�E, 0VERRULED DEFENS� CROS5 �I�Y WI7#�SS ��, 0FFI0ER J. ��ULD DEFENSE EXH 17l, AFFIDAVIT FDK SEARCH WRHANT AMD RPTS F R 0 M 0FFIlea' ER '6 0WL1), NARKED 0EF6NSE EKHS It AND EKH #3, PH0T0S, MMRKED CITY 0RJE�TS TO ADMIS�I0N Of PH0T�S CO�ST 1�[NIES �4 J�MISSZ01*.1 0F UEFEMSE EXHS �2 AHD �3 k)E-DIRECT mIlNES� Ek�USE� on noxi: pi v L�1 �FNT(,m D�N�tI�AL CO�kl ;0C�El OEvENn=| 1'`LEQ. H02IH D[AN CSCE: CPO0+(655 RPD C[l0l86l NOn-Traffi� AgaUaV NO. 03-776� iE). Co5tlnuvd U 05/07/2060 CITY MOVES TO 3I5MI5S CT l W/PPEJVDICF IN D61H CA�E LiJ CR3gJ68 RNU SR47855 - CkANTED 1:01 CI[Y RES[S 4704 DEFENSE NOTION TO DISMISS, 4:l3 cITY RESp0N3E 4:16 HALF TIME MOTION TO DISMISS DENIED 023 BRIEF RECESS 027 8A0K ON RECORD, DISCUSS SCHEDULING FOR 00MTZNUIN� 4:Z8 PARTIES AGREE TO ADJOURN FOR DAY TO RETURN AT RAM 5-8-59. 04:O4 DEFENSE NOTION TO DIMISS ALL COUNTS 04:13 CITY RESPONDS 04:15 HALF TIME NOTION TO DISMISS ALL COUNTS - DENIED 0023 BRIEF RECESS 002Y COUR7 RE6UME5 PARTIES DISCUSS SCHEDULING FOR CONTINUING 3028 PARTIES AGREE TO ADJOURN FOR TODAY AND CONTINUE AT 000 AM ON 5/8/09 u Charge 2 ui amimaou w/rro]uuzoo : City o Mtn -Other Case Heard Before judge SCHWART2, MYCHAL H Y 05/08/2008 0905 COURT RESUMES FOR DAY 2 OF BENCH TRIAL JUDGE PRO TEM MYCHQL SCHWARTZ DEFT PRESENT W/ MTTY K. DAVIS CITY REPRESENTED BY PA 9. &9THUR 09:06 DEFENSE PRELIM ARGUMENT RE NO SUFFICIENT GROUNDS TO FIND THAT THE DEFT ENTERED INTO A VOLUNTARY COMPLIANCE A6RMT Q/ THE CITY 09:08 COURT RESPONDS - SATISFIED THAT SUrFICIENY GROUNDS HAVE 8EEW LAID 0000 DEFENSE WITNESS 81, ROBIN MILLER, SWORN/TESTIFIES 08:14 DEFENSE EXH 14, DEFTS NOTES, MARKED CITY RESPONDS - HAS NOT PREVIOUSLY BEEN PROVIDED W/ DEFTS NOTES AND REQUESTS COPY DEFENSE ARGUES AGAINST COPY - DENIED DEFENSE CHOOSES TO MOVE FORWARD H/0U7 EXH VA. 0025 DEFENSE MOTION TO ADMIT DEFENSE EXH #2 CITY OBJECTS - DENIED DEFENSE EKH 42 ADMITTED 002/ DEFENSE MOTION TO ADMITED DEFENSE EXH CITY OBJECTS - DENIED DEFENSE EXH 03 ADMITTED 00:28 DEFENSE EXH #5, PHOTO, MARKED DEFENSE MOTION TO ADMIT DEFENSE EXH #S CITY OD3ECTS - OVERRULED DEFENSE EXH #5 ADMITTED 00:34 DEFENSE EXH 46/ LTR FROM DEFT TO CITY, MARKED 09:36 DEFENSE NOTION TO ADMIT DEFENSES EXH 06 CITY 0%]ECTS - OVERRULED DEFENSE EXH 86 ADMITTED Dockwt continued on next psgo ap r D 0 n � 4 5 i'- 00uk MUH1QPnL COUR� POOL 1 nV/Qn>DDQ 30H PH P 0 0 1 F ;' 0 V n 0 N C V N � N`.CR, NUCIN DEAN CqTE% CRO04?Q5 kpl) Gr=nal Nan- 1 ra ffb:n Agency No, 1.1P-170. QX . Q*Htinue--i D 0... 1081200y 0102 cify GROKS 0=0 WfTIll ESS #.t .1009 DEFENSE CITY CLOSING ARGUMENT,' .1011 DEFENSE CLOTjN6 ARGUMENI J.022 CIF,If FINAL CLOSIN6 ARGUMEN-1 COURI FINDS DEFT GUILTY 1N BOTH CR47655 AND GR39bb�� 1012 PARTIES RGREE TO 60 FORWARD W/ SENTENCING AND NDDRESS COURT W/ RECOMMENDATIONS .11:19 CbURT REKPOND'i Charge 3 Other Deferral z Other Pros Rsn Case Heard Before judge SCHWARTZ, MYCHAL 1H No Criminal Violations a 6 M Monitored Unsupervised Probst. a 6 M Other : 6 11 1.1 DEFT TO WORK W/ CITY TO RESOLVE THE OUTSTANDING !SSUE::, LEFT OPEN BY THE CIVIL PROGE0',' Deferred Sentence Condition ; 5 N DSE Review Set for 11/09/2009 -J IF CONDITIONS MET, CASE UISMISSED a DEFT'S PRESENCE W01YED 10 016NED, FINES CONCURRENT W/ CR39569 COURT ORDERS CASE SET FOR REVIEW IN 90 DAYS TO CHECK STATUI:i 0" CIVIL PROGEEDINGI.-'.� NOTICE TO APPEAR SIGNED; 002 CITY, AITY DAVIS REV 5st for 08/12/2000 02:30 PM in Room 2 with judge Tk'3 CnSE FILEO REVIEW, THEN ll/Of'.1, wwom cow Dnn-, CSS" Disposition Dasposition; OPEIN DAVIS, KIRK CHnRnE�.i Personal DescrIP001-1 sox� M Race: W DOBs 06/20/1941 Dr.ric.No.y MILLERDS94LB stato; WN Expires: 2002 Employer:! Helpits 5 10 Weight: 220 Eyes: ILU Hairg BRO Hold PRL-IRTAL HEARING Hold MOTION Hold MOTION H 0 1 d Hold M0110H HoLd =101! "Olc M0!1OW-KWAPSTAD,VAP aoilinued on noxt pnq�-- ON 11/05/2008 AT 08:30 AN !N ROOM I ON 12/15/2000 A! DIA00 PM 1N ROOM 1 ON 01/14/2009 At 02:30 PM IN ROOM is ON 01/20/2009 Al 02:31 PM 1N ROOM 2 ON 02/10/2009 AT 00:15 AM IN ROOM I ON 03/04/2009 AT 0201 FM hN ROOM 2 ON 03/10/2000 AT 0000 PM IN ROOM 2 ON 04/13/2009 A! 0900 AM IN ROOM 2 WITH TL,,i CASEn pqomny No. ON 05/05/2009 AT 09:15 A•"r lN ROON 1 WITH ON 05/0?/2000 AF 01:00 PN lN ROON 2 Wilh !L'.; ON 00/12/2009 AT 02:30 PM lN ROOM 2 WITH TK! Cosa keylaw Status Review Date compilad CHRRU 50 - Deferred Sentence Condition 11/09/2009 1%.1 G 60 of docket repori for this cam- . ]h , 5 20 Lai. KHT0H MUH!u±PnL COUP",., PAGE P5120zjoby Qw Ki D 0 G K E "r kvrimnNf r''LKH, POETH 4 HK 2 kv i RPNION WA 080Q...' nKA No vliavos an tarv. 08032 RPD GOULD, JAMES GGGEn GROU39560 vP'j Grominal Non-Iraffie:, Aqenay No. Homo Phone: 42527LD90 H n R v F,:,' Violation Oaten DV 1 0-3-00 NUISANCE DECLARRED UNLAWF N Not Ouilty 2 Q8-1-4F UNLAWFUL DEPOSIT 6PREAGE/ N Not Guilty 9 RI-3-310 NUISANCE DECLARRED UNLAWF N Noi GUilty 1 E x 1 F i n d i n Dismissed W/Preju Amended Other Deferral'. S !W/24/2005 Case Filed on 10/20/200-C:i DI: F 1 MILLER, ROBIN DEAN Added as Participant OFF I GOULD, KNES Added as Participant ORR Set for 11/05/2008 00:30 AN in Room E. with Judge TLJ COPY OF COMPLAINI MAILED TO DEF 4 j012YI2608 Summons/sail Hatine Issued 11/05/200B ARR: Hela Pnoceedings Recordou on !ape No. 00' TERRY L. JURADO GITY NOT PRESENi' DEFENDANT APPEARED FOR ARROIGNMEN! ADVICE OF RIGHTS 6 NOT GUILTY PLEA SIAIEMENT SIGNED Defendant Arraigned on Charge I Pioa/Reoponse of Not Guilty Entered on Charge 1. Defondant Arraigned on Charge 2 Plea/Response of Not Guiltv Entered on Charge 2 U jURY DEMAND DEPT DOES NOf WISH TO SCREEN FOR PD NOTICE OF HEARING 5... 6NED, 00: PROSECUTOR PrR Set for 12/16/2000 01,00 PH in Room 1 with Judge 1L.,''! Q06000H PTR: Heid Proceedings Recorded on Tape No. 2:31 Proceedings Recordea on Tape No. 20Y JUDGE 1ERRY L jURAD0 ony REPREmw By s. ARTHUR KFENORNT APPEARED FOR PRETRIAL PRO Si:: OCKNOLEGEMENT OF OF RIGHT TO LAWYER FILED & SIGNED BY DEFT MOTIONS: PENDING COMPLETION OF DISCOVERY OTTY - NOT SEE A REQUEST BY DEFT FOR DISCOVERY CITY WIT NOT: OFC GOULD, MARILYN KAMCHEFF GITY W 11 TRIAL: OFC GOULD, MARILYN KAMCHEFF, DIANE MILLE!:,' DEFENSE WITNE99; NONF CASE TO PROCEED TO MOTION, =UINESS, JURY TRIAL. Vockct oont3N1.1od on next pag:,� EMM 000MAL th.LY10N NUNlGiPnL COUk'� PAVE,: nh!20�WnDA An2j K!l D 0 0 K E ',' ph I k NUP0 r7l LLP --"OLIN BE0� costs CROU1956H pp) Criminal Non -Traffic Aqvpoy No. 08-010., - cantinve''.! HFORtW6 N01ICE SIGNEO, C0 PA/DEF'f' QPQ VILED a CllY GIVES DEFT A COPY OF DISCOVERY 10DAY IN COURT 5 12/19/2000 M04 Sai for 01/14/2009 02:30 01 in Room 1 with judge !Lj DIN READY Set for 01/27/2009 08:15 AN in Room 3 wath judge 'L.r'.f SIR Set for 01/29/2009 08:15 A!'! in Room 1 with Judge fLi U 01/0?/?009 D&ENSE MOTIONS TO QUASH WARRANT, SUPPRESS EVIDENCE, VOI'.,,) LEVIES AND DIMISS AUL CRIMINAL CHARGES FILED BY NTY ROBIN M it L ER . RLFER TO JUDGE SUBPEONA FILED BY CITY FOR NARILYN KAMCHEFF, OPINE MILLEj, Ph/Uq/2009 MEMOkANDUM IN SUPPORT OF MOTION 10 JOIN DEFENDANT'S ONO VONSOLIDOTE FOR TRIAL FILED BY ATY PA 5 ARTHUR JUDGE REVIEWED NOTION S 01110200P MON on 01/14/2009 02:30 Pri Changed to Room 2 with Judgo TLj mol % Hold Proceedings Recorded on Tapo No. 3:01U, Q RM j TERRY L 3URADO PA T MORENO DLF APPEARED PRO SE AND CONFLICI ARISES WITH JUDGE jURADO HIRRING CASE (SI6NED SEARCH WARRANT! AND jUDGE TRANSFERS CASE TO COURTROOM A FOR PRO TEN JUDGE SCHWARTZ TO HEAR CASES CTPM 2 - CD 3:41 PRO fEM jUD6E MYCHAL SCHWARTZ PA 9 ARTHuk DEF APPEARED PRO GE NOTION REVIEWED 052 CITY REQUESTS MOTION TO BE STRICKEN AND CASE PROCEED TO REODINESS AND 3URY TRIAL AS SCHEDULED 053 DEP ADVISED HE HAS NOT RECEIVED DISCOVERY 304 COURT DOES N01 STRIKE NOTION BECAUSE CITY DID N01'' PILE DISCOVERY TIMELY 305 COURT NOTES CITY HOD 2 WEEKS TO RESPOND TO DEF'S' BRIEFING - GIlY REQUESTS TIME TO PREPARE TO RESPOND 055 GITY REQULSI SPEEDY HE TOLLED 4:56 G... 1Y MOVES FOR A CONTINUANCE TO REVIEW DOCUMENT!:i %hy COURI DRONTS CONTINUANCE. 308 SPEEDY TOLLED A;AQ COURY CONTINUES MOTION 2 WEEK,,:i UOU CITY BRIEF DUE 112510',.,' 4:00 DEF REQUESTS MORE THAN THE 3 DAYS TO PREPARE RESPONS'L VO CITY'S INIEF WHEN FILED 4:07 DEF OBJECTS TO CONTINUING CASE BEYOND THE TINE.' 408 COURT CONIINUES NOTION UNTIL 1/28/09 AT 2:30 P.M. Dockot continued on next page EMN �'u.CwnA PFH[nN MVN&IpHL P5/z812005 3V3O 0; D 0 0 K E T hFF�N��l �' 'EK, �98IN DEAh 40 C:r'+iVop,1 U 01/14/2009 C7%N 2 409 NEW gO DAYS IS 2/27/00 (30 DRYS PROM 1/26/09) n:Ob CA3LS TO DE HEARD BEFORE PRO 1EH SCHWAHTZ 4alg CITY 10 FILE BY EMAIL/HARD COPY BY 1/25/0B 4:11 ADDRESSEE PROVIDED TO CITY PK05E0UY0R 4:15 DEF REQUESTS HIS WIFE'S CASE BE HEARD WITH HTS 4:16 CITY ADVISED THEY FILED MOTION TO JOIN. 4:17 DEF ADVISED WIFE IS REPRESENTING HERSELF 409 COURT ADVISED WIFE'S CASE CANNOT DE DISCUSSED WITH0U1' HER PRESENT 4:20 COURT 0KDEHS CASES JOINED AND ORDERS CASES SET TOGETHER. 4:22 DEFENSE OBJECTS ON JOINDER 0F CASES Q/HlS WIFE'S 4:73 COURT ADVISED THA7 CAN DE ADDRESSED AT HEARING ON l/28/OB NOTICES SIONED, COPY TO DEF, CC: PA **OVKkECTIQN: CASES CR47801/ CH395b8 PNU CR47055 ABC� TRACKING TOGETHER**' NOTION TO JOIN TO 8[ DISCUSSED AT NOTION HEARING ON 1128/09. 0TH READY Rescheduled to 02/10/2089 08:15 Al'! in Room l with Judge TLJ JFR Rescheduled to 02/12/2OO9 08:15 AM in Room 1 with Judge TLJ NOT Set for 01/28/2009 02:31 PM in Room 2 with Judge TLJ DEF. MOTION TO STRIKE AND NEMORANDUM OPPOSING CITY'S NOTION 70 JOIN & C0ND0LIDATE FILED BY DEFENDANT ROSIN MILLER - REFERRED TO JUDGE SCHWAHTZ JUDGE SCHWARTZ REVIEWED NOTION DECLARATION OF SERVICE OF SUBPOENA FOR WITNESS DIHNE MILnER FILED BY ABC - COPY TO CITY PR0SEGUT0R REQUEST FOR DUPLICATION OF TAPES FILED BY DEFENDANT - PAID ON CR47h06 CALLED & NOTIFIED DEFENDANT CO READY FOR PICK-UP AT FRONT COUNTER M0RENO DECLARATION AND PLAINTIFF'S REPLY TO DEFENDANT'S MOTION TO SUPPRESS AND DISMISS FILED BY PR0SEC M3RENO - TO PRO TEM SCHWQRTZ DEF RENEWED OBJECTION TO CONTINUANCE OF HEARING 6 DELAY OF TRIAL FILED - TO PRO TEM SCWWARTZ DEFENDANT'S MOTION TO STRIKE PLAINTIFF'S kNlIMLEY REPLY & ATTACHED HEARSAY EVIDENCE FILED BY DEFENDANT ROSIN MILLER - REFERRED TO JUDGE SCHWHRTZ M0T: Held Pr000*Ujnga Recorded on Tape No. 3:12 MYCHAL SCHWHRTZ PA S. ARTHUR DEFENDANT APPEARED PRO -SE NOTIONS FOR BIANE AND ROBIN MILLER HEARD TOGETHER CITY NOTION FOR JOINDER DISCUSSED. 0IANE MILLER OQJECTS S ;l/L5/2009 L -1/21/2008 Ul/23/2OO8 Ol/27/2OUy S 91/28/2009 U 040 CRO8395h8 PPD CrlNiUaL Non-Trafkt AgvnCV No. O6-873� DVouet continued on next payn KLH umm mmm umm ,`o7l�X 80| REWiON MUNLGIp8L COUP! PqSE: 0%35 0'i D 0 0 K [ T 0L;EhvAN; V'LLnk. PO"Iy DF0II CASE: OROB39565 RFD Criminal @0n-1rat Pic Aqnnty No. 080731., !OK - Continued y 1028/2009 AND MOVES 10 STRIK[ FOR LACK OF SERVlOE, CITY STATES PLACED IN THE !HE MAIL' CITY ARGUES JOINDER NOTION AND CITY DOES NOT PLAN ON USIH0 3TMTS FROM EIlHER PARTY IN THE OTHERS CASE. DlSCUSSION HELD REGARDING SPOUSAL !NC0MPETENCE AND/OR SPOUSAL IMMUN11Y CITY DOES NOT BELIEVE THAT EITHER PARTY HAS NAMED THE 0[HER AS A WITNESS. DEFENDANT ROBIN MILLER ARGUES THE JOINDER MOTION AND REFERS TO CASE STATE Y. WHITE COURT SATISFIED THAT GIVEN THE CASE LAW THAT JOINDER CANN01 BE ACHIEVED AND UNLAWFUL - MOTION FOR 30IWDER DENlED' DIANE MILLER MOVES TO QUASH THE SUBPOENA - GRANTED RE0E99 TAKEN 3:3G CASE RESUMES 3:46 PURSUANT 10 RULE 8.15 WITNESSES EXCLUDED FROM GTHM AND EXTENDS RULING TO EXLUDE MS MILLER WHEN MR MILLER CASE HEARD AND M8 MILLER WHEN MRS MILLER CASE HEARD DEFENSE NOTION RENEW 08]EC[TON TO CONTINUANCE OF HEARING'. AND DELAY OF TRIAL' CITY ARGUES MOTION AND MOVES TO STRIKE. COURT NOTES THE OBJECTION AND OVERULES THE 08JECTI0N. DISCOVERY WAS N0! MADE 21 DAYS FROM REQUEST, COURT ADVISES SHOULD HAVE MADE A NOTION TO G0MPEL- CITY VIOLATED THE 21 DAYS, DEFENDMNT DID NOT FILE MOTIONS W/IN 14 DAYS OF THE PRETRIAL ORDER. COURT FOUND GOOD CAUSE TO TOLL SpE[0Y TRIAL TO ALLOW CIlY TIME TO RESPOND TO DEFENDANTS MOTION' COURT NOTES RENEW OBJECTION AND FOR 58ME REASON 0VERVLED ON 1/14 CONTINUED 70 OYERULE TODAY. 3:57 DEFENSE MOTION TO STRIKE PLAINTIFF'S UNTIMELY REPLY & ATTACHED HEARSOY EVIDEN�� 3:57 DEFENDANT SWORN -IN & TESTIFIES 3:53 CITY HAS NO QUESTIONS 4:00 CITY MAVES STATEMENT TO THE COURT CITY EKHIDIT #1 MARKED FOR EVIDENCE - DOCUMENT SHOWING EMAIL CORRESPONDENCE., 003 DEFENDANT MAKES RESPONSE 4:G5 CITY ADVISES MADE GOOD FAITN EFFORT' 007 COURT SATISIFIED BASED ON CITY EXH. 01 THAT THE CITY ATf'S 0FC MADE SUBSTANTIAL EFFORT 70 COMPLY W/THE COURT ORDER. CITY ATY'S OFFICE IN COMPLIANCE W%T� THE COURT ORDER AND FILED W/C0URT ON FRIDAY AND PLACED IN MAIL TO THE DEFRNDAN7 ON FRIDAY L:lO DISCUSSION HELD RE: DGCLERMTION OF MS, MOAEN0 COURT STRIKES THE DECLERHTION IN ll'S ENTIRETY DEFENSE 0BJEC7I0H NOTED 4:15 DEFENSE MO7I0N TO QUASH WARRANT/ SUPPRESS EVIDENCE, VOID LEVIES AND DISMISS ALL CRIMINAL CHMRGE5 400 DEFENDRNTS RIGHT TO LAWYER REVI[WED AND DISCUSSED D*ckct continued on next p6gn mom �W/�.�'`!v K[NQN NuN1VIi'pi C0VNY PA6E:: ;5/25/VODA 3730 0; D V C N E l BEF[yAKHl y`'LEp, knAQ DEAH ![KT - continued U O1/2512009 FOP PURPOSES OF T0DAY'3 HENRZN6 DEFT HAS WAIVED RISHT 10 ATTORNEY., COURT TAKES MATTER OF WAIVER OF RIGHT Y0 LAWYER TODAY AND AT FUTURE PROCEEDINGS UNDER ADVISEMENT 4:2? DEFENSE ARGUES MOTION OBJECTING TO CITY ADOPTING RCW 3580 INTO THEIR CODE AND OBJECTS TO THE CITY N0T RESPONDING IN THEIR BRIEF. LEGALITY OF THE SEARCH WARRANT DISCUSSED. 055 CITY ARGUES DEFENSE ARGUEMENT ON LIMITING THE CITY 10 CHOOSE BETWEEN A CRIMINAL OR CIVIL CH8CGE 5:D� @ECESS 5:l7 RESUME 5:21 DI�CUSSI3� CONTINUES REGARDING CHARGING BOTH CRIMINAL AND CIVIL INFRACTIONS. 1-3-2tC), MS NOTED IN DEF DRIEF �:4l DEFENSE ADDRESSES AUTHORITY OF THE 15SUAN0E OF WARRANT �:53 COURT NOTES ALL MOTIONS HAVE BEEN ADDRESSED 525fy MWO[I0N TO QUASH SEARCH WARRANT - DENIED IN TOTAL COURT FINDS WARRANT WAS AUTHORIZED. R0W 35.HO DOES MOT GREAT A CONFLICT 6:01 MOTION FOR ORDER DISMISSING CRIMINAL CHARGES - DENIED COURT FINDS CIVIL CHARGES AS A SEPARATE PROCESS COURT FINDS CITY HAS NO! VIOLATED LAW 6:05 CASE TO PROCEED TO RDY & JYR 0[FT REMINDED OF COURT D�T� OTH AEAUf: Not Hold, Hearing Oancolwd 0[H: Held Proceedings Recorded on lapO No. 9:35 TERRY L JURADO CITY REPRESENTED BY PA NEWSOM DEFT APPEARED W/ MTlY K. DEFENSE MOTION TO CONTINUE P[R JUDGE ]URnDO, HE WILL NO! HEAR H MOTION ON rHI3 C80E HOWEVER JUDGE PRO TFM 3FNSEN IS AVHILHVLE CASE PASSED FOR PRO YEM AVAILABILITY 0:48 CASE RECALLED JUDGE PRO T[M KRIS 3ENSEW DEFENSE NOTION TO CONTINUE - ATTY DAVIS IS NEW ON THIS CASE AND IS NOT AVAILABLE FOR TRIAL AT THIS TIME CITY 0G3ECTS COURT GRANTS MOTION TO CONTINUE CITY PROVIDES DEFENSE W/ AMENDED WITNESS LIST AND INDICATES !HAT AN AMENDED COMPLAINT MAY HE FILED GIlY REQUESTS TRIAL ON SANE WEEK AS CR47661 FOR EFFICIENCY OF COURT, 9aQTIES, PND WITNESSES 0l7Y OBJECTS TO ANY MOTIONS BEING RAISED BY DEFENSE ON MA1TERS PREVIOUSLY nDDRESSED MOTION AND ORDER FOR CONTINUANCE AND RESET7ING 0F COMMENCEMENT DAlE FILED BY ATTY DAVIS - CITY OD]EGTS NOTION TO CONTINUE GRANTED AND 5I8MED BY 3UDOF PRO TEN 3ENSE11 CASE: CRUO3§568 RPD Criminal Non-Trnffvc Ag*nCy No. O8-8734 n J200/2000 Dnrk*t continued on next pag* k0.`n?uSX 6SA P[Nr:N MUNICIPAL C0UNl -'�/:(/WUO9 A �]D P!': B 0 C \ E T �� 049E: CR0038568 RP!) DEFEMOANT Criminal Non. 7r»f{iC a' v8, y68IN DE0N Agency No. O8-O73� 110 - Continued J U203/2009 SPEEDY TRIAL COMMENCES TODAY LiJ NO[10E TO APPEAR S]��, CC� ��lY ATTY 0AV1� ' '- _-' _ ' � � � - .-_ NO! ICE OF APF2A8ANOE, DEMHND FOR JURY TRIAL, DEMAND FOR VLSCOVERY, DILL OF PARTICULARS MND OMNIBUS APPLIcA1I01-1 nlLED DY ATTY KIRK DAVIS � ATY l DAYIS/ KIRK CH0RLES Added as Participant 3TR on 02/12/2000 08:15 0M in Room l with judge TLl CanneleU NOT Set for 03/04/2009 02:31 PM in Room 2 with Judge TL] 0TH READY Set for 03/17/2009 08:15 QM in Room 1 with Judge TLJ J[B Set for 03/1g/2009 00:15 RN in Room l with judge TLJ V §2/11/2009 SUDOENA FILED BY CITY FOR MARILYN KAMCHEFF, 6ARY PALMER, OE0R8E 8UNNE DEFT GIVEN NOTICE W/ INCORRECT 0N DATE AT FRONT COUNTER CORRECTED NOTICE MAILED TO DEFT; C0 CITY, ATTY 02/13/2004 PILED BY LM, ADC UNABLE TO SERVE 0EORGE RUNWE, 000ITY 02/16/2009 SUBPOENA FILED BY CITY FOR MARILYN KAMCHEFP, GE0R6E RUMME, GORY PALMER 02/17/2000 DECLARATION OF SERVICE OF SUBPOENA FOR WITNESS GARY PALMER FILED BY ABC - COPY TO CITY PROSECUTOR 2/1B/20Og FILED BY LM, ABC UNADLE TO SERVE SE0R0E RSMHE, CC0ITY 0/23/2008 DECLARATION OF SERVICE OF SUBPOENA FOR WITNESS GARY PALMER FILED BY ADC - COPY TO CITY PROSECUTOR 02/25/2009 DEFENDANT'S MOTION AND MEMORANDUM FILED BY AYY EJHH0UE� AND ATY DAVIS - REFER TO JUDGE SCHWARTZ 01/02/2009 AMENDED CRIMINAL COMPLIANT FILED BY PM S MRTHUR DEFENDANT'S MOTIONS AND MEMORANDUM FILED - 70 3UD8E 3CHWARTZ S O3/04,2003 NOT: Hold Proceedings Recorded on Tape No. 4:30 U PRO TEN MYCHAL SCHWARTZ PA. S. ARTHWR DEFENDANT APPEARED W/ATY KIRK DAVTS COURT PLACES ON RECORD DISCUSSION AT PRIOR MOTION HRG' 01,41 {/28/08 OF HIRING OF COUNSEL AND CONCERNS OF COURT OF DEFENSE COUNSEL REQUESTS FOR CONTINUANCE AND DELAY. COURT REVIEWS COURT DOCKET COURT DISCUSSES JOINDER MOTION ON RECORD OF D3ANE MILLER CASE (CR47011] AND ROBIN MILLER OASES (CR39568 & 0R47B55) THAT COURT DENIED ON 1/23/09. COUP! DISCUSSES DEVENSE JOINED MOTION FILED 3/2/00 BY HTY EJARQUE AND ATf DAVIS COURT NOTES AMENDED COMPLAINTS FILED BY CITY ON 3/2/09 COURT NOTES HIRINO OF COUNSEL IS NO LONGER AN ISSUE BEFORE THE COURT AS PRIOR JUDGE HAS ALREADY ALLOWED CSURl ADDRESSES HMEHDED COMPLAINTS FILED BY CITY Uocket continued on next page MME T]S K LH �!ISvC3\ CSA KLN}0N MUNIQEPA i COURT P|)S[: !/500/2UD3 ]:3O P!'! }) 8 ; K E � yFF1 N 0 AN| M' LEk R08IN DEAN ([y| - Cuntj C4S0 CHUO39568 kPD Criminal Non -Traffic Agency No. 38-273� U O3/05/2009 C3UR[ ADVISES IS Nov INCLlNFD T0 PROCEED TO MOTIONS FILED 40� AS DEFENSE WAIVED RI6HT TO ADDITIONAL MOTIONS AT PRIOR MOTIONS DA[E. GOURT ADVISES IF THE CITY CHOOSES TO AMEND THE CHARGES WILL ALLOW DEFENSE CONTINUANCE COURT ADVISES DEFENSE COUNSELS ]URY TRIALS WERE DE HELD ON DIFFERENT JURIES CITY WITHDRAWS LEACH COMPLAINTS - AMENDED COMPLAINTS W/DRAWN COURT NAMES CHARGE ON THE RECORD DEFENSE COUNSEL KIRK DAVIS REQUEST DEFENSE DE ALLOW TO PR0CLED WITH ADDITIONAL MOTION. RECESS TAKEN 5:02 CASE RESUMES AT 5:35 PROSECUTOR, T. MUREN0, PRESENT AND MAKES STATEMENT 5:O0 PORTION OF PROCEEDING FROM 1/28/09 PLACED ON RECORD OF DEFENDANTS STATEMENT WAIVING RIGHTS TO ARGUE ISSUES OF LAW 51:116 DEFENSE COUNSEL DAVIS ADVISES JUDGE 3EWSEN RULED THAT FUTHER MOTIONS WOULD DE ALLOWED 5:18 0ITY OBJECTS 18 COURT ORDERS HERRING RESET 5:24 COURT ADVISES IS RESETTING TO LISTEN TO PRIOR READINESS HEQRIN 6. CITY ADVISES THE STATUS QUO WILL HE CHANGED IF FURlHER M01I0NS ALLOWED CITY PLACES ON RECORD OBJECTION TO GOING TO ANOTHER DATE OTHER THAN STRAIGHT TO READINESS 508 COURT MOTES PROCEDURAL MOTION ON 3/16 IF COURT ALLOWS ADDITIONAL MOTIONS HEARD & THEN THE CITY FILES AMENDED COMPLAINTS MOTIONS WILL BE HEARD MT ANT0THER M01I0NS DATE' 5:28 DEFENSE REQUESTS OILL 0V PQR7ICULHRS FROM CITY 00VRT WILL NOTIFY PARTIES OF DECISION PRIOR TO 3/IB/09 HRG RECEIVED REQUEST FOR ATTY DAVIS FOR COPIES OF CD FOR HEARINGS ESA ON 1-28-09 AND 2-10-08 DEF'5 ATTY SIGNS NOTICE FOR DEF - COPY TO DEF, CC: PA, HTTY 7JS 03/06/2009 FINDINGS OF FACT AND CONCLUSIONS OF LAW REGGRDING C0URT'S SDS DECISION ON HEARING ADDITIONAL MOTIONS & ORDER REQUIRING THE CITY TO PROVIDE A HILL OF PARTICULARS FILED BY JUDGE SCHWARTZ COPY FAXED TO DEFENSE ATTORNEY & CITY PROSECUTOR VERIFICATION FAX WENT THROUGH TO ATTY DAVIS & CITY PROSECUTOR PLACED IN FILE CLERK CALLED ATTY DAVIS AND ADVISED HIM CD'S WERE READY DSA HuWEV[H THERE IS A $lO FEE FOR EACH SD - HE STATES HE WILL MAIL A CHECK - CD'S HELD ON BSA DESK AWAITING CHECK. S NOT Sot for 03/16/2009 Ol:OG PM TJS in Room 2 with Judge TLJ u O3/11/200y RECEIVED CHECK FOR $20 FROM ATTY DAVIS - OD'5 MAILED ALONG BSA, WITY COPY OF DOCKET D^*k*f continued on next pag* U/8P�SX kMs� REN[ON MUNIRIPHi C,VkT PAGE: O M/)U/wpUU J:]D PM D 0 C X E [ CASE: CRU039565 kPD PKENPRU Criminal Non- Tr6ffi{ N` '-E(|, K0rlN Agency No. O8-873-'!, liXT - Continued a 03/1"QU99 V37UlO8524 Mzsco1lan*ouo Payment Poc*iYel 20.00 ISO for C0PY0APE F��S O]/18/2009 MOT: Hot(! TJS ProcowdinQo Recorded on Tape No. 021 U PRO TEM MYOHAL SSHWARTZ PH S ARTHUR DEF APPEARED W/ATTY KIRK DAVIS 02:10 PARTIES RETURN TO COURTROOM 0200 COUKY ADVISES MISMANAGEMENT BY CITY PROSECUTOR'S OFFIGE JUDGE WANTS TO KNOW WHO DID NOT NOTIFY CITY PROSECUTOR 0[ JUDGE'S RULING - HIGHEST LEVEL IN CITY PROSECUTOR'S, OFFICE TO RESPOND TO PRO TEM JUDGE SCHWMRTZ BILL OF PARTICULARS WAS TO DE FILED BY CITY 02%11 COURT ALLOWS NOTIONS AND AMENDED COMPLAINTS TO DE FILED 020/ DEF MOVES TO DISMISS PER PROSECUTORIAL MISCONDUCT 0207 COURT DENIES MOTION 02:21 COURT RULES THAT CITY PROSECUTOR CAN FILE AMENDED COMPLAINTS AND DEFENSE WILL DE ALLOWED TO FILE MOTION',`., 02:23 COURT WILL ALLOW CITY TO FILE THE AMENDED COMPLAINTS FILED PREVIOUSLY AND WITHDRAWN - CITY WILL RESERYE ON THAT AT THIS TIME' 02:25 CITY RDYISES IF MOTIONS ARE NEEDED, CITY WILL ASK THAT PREVIOUS LEACH COMPLAINTS WITHDRAWN, FILED H8AIN 02:26 DEPENSE HAS PREVIOUS AMENDED COMPLAINTS 02:27 DEFENSE HFTf E]QR&UE ASKS ABOUT PREVIOUS NOTIONS 02:38 COURT DOES NOT WANT TO RELITISATE PREVIOUS MOTIONS, BUT WILL HEAR NEW MOTIONS, 02:45 OPC FILED AND REVIEWED BY COURT - DISCOVERY ISSUES, DISCUSSED 02:51 COURT ORDERS CITY 10 PROVIDE DOCUMENTS G[: CIVIL LITIGATION - CANERA REVIEW BY COURT, BEFORE PROVIDIN,,`� TO DEFENSE - CITY RESPONDS 02:53 CITY REQUESTS DEFENSE TURN ALL DISCOVERY OVER TO TNE!1 RE: CIVIL LITIGA[TON/ ALSO 03:55 DEF ATTY KIRK DAVIS RESPONDS RE: DISCOVERY IN CZVI� LITI6ATI0N - ADV DIFF SIYVATI0N IN DEFENSE CIVIL CASE 02:57 COURT RESPONDS - THE CAGE ITSELF IS BEING LITIGATED 03,00 CITY OD]E0TS - NOTED BY THE COURT 0305 8PC DISCUSSED - COURT ADVISES NO FURTHER MOTIONS W3Li XE ALL0WEO AFTER NEXT MOTION HEARING 33:17 0PC DISCUSSED 03,18 DISCOVERY TO HE PROVIDED BY 3/31/09; 03:18 AMENDED COMPLAINTS 10 BE FILED XY CITY C3:2l MOTION, READINESS AND JURY TRIAL DATES SET W/PMRTIES 03:22 DEF TO PILE BRIEFS BY 4/6/00 03:22 CITY TO RESPOND DY 4/10/08 1306 PRO TEM 3UD8E SCHWAR7Z IS THE ONLY JUDGE TO HEAR M01IONS, BEADINESS AND JllRY TRIAL U3v26 COURT SETS MOTION HEARING ON 4/13/09 AT @:OO A.M.. Docket contiouoU on next pagc, kLNT0N MUNICIPAL COURT D 0 CK[T I 01 bLHy4 b ! M'LLEk, P0[TM D[4M F>. - CSnfxnued V 01/0/20UU PKhDI#EAS ON 5/5/09 AND jUQY TRIAL �# 5/T AMD�0� ��Q�O0 T]� �� 03:21 COURT DISCkSEES JOINDER ISSUE RULED PREVIOUSLY - WILL 050 CROUjg568 KP� Crlmlnal Non-TrafflC A0e:tV No. 30-873� HAVL MOTION NENRIN0 ON SAME DATE 0PC PILED a SION[D D]SCGuERY ORDERED TO BE COMPLETED NO LATER THAN 3/31/08 0PC FILED a SI0NED MOTIONS: MOT TO DISNISS FOR VOID FOR VAGUENESS & OTHER CONSTITUTIONAL ISSUES INCL THOSE BRIEFED BY D£F'S 2/25/09 & NOTION DISMISS FOR FAILURE UNDER 1.3'3(E)(l)&(2) TO SECUGE VOLUNTARY CORRECTION, KNAPSTAD & POSSIBLE 4TH AMENDMENT Gil WIT FOR MOT & ]TR: OFFICER G0ULD, MARILYN KAMCMEFF, CIT WIT FOR JTR: 0ARY PALMER AND GE0RGE RUNNE (BOTH P.S.) Du WIT FOR JlK: DEF MAY CALL EXPERT WITNESS REGARDING VALUE OF BUILDING REPAIRS. NAME, ADDRESS, PHONE & EXPECTED T[SlINOMY TO DE PROVIDED 14 DAYS PRIOR TO TRIAL. CITY TO AMEND COMPLAINT PRIOR TO MOTIN HRO - 2 CTS ON EA CASE CK47655: CT l; NUISANCE - JUNK VEHICLE (RMC 1-3-3(C), I-04(AMl)(C)(4) Cl 2: NUISANCE - UNFIT OR MDMND0NED STRUCTURE (RMC 1-03M, 1-3-40)(11)(C)(22) CRA0568n CT l: SAME AS CT l {DIFFERENT DATE) M90VF CT 2: SAME AS CT 2 (DIFFERENT DATE) AD0Y6 DRIEFIN6 SCHEDULE: DEFENSE DUE 4/6/09 CITY RESPONSE DUE CITY PROSECUTOR NOTES OBJECTION IN WRITING ON THE 0PC RE: DISCOVERY - !HE CITY IS ORDERED TO TURN OVER MATERIALS RELATED TO THE CIVIL LITIGATION RELATED TO THEIR PROPERTY IN ACCORDANCE WITH CRRi3 4.7 TO THE EXTENT THE CITY BELIEYFS WORK PR0DUCY MAY RE INVOLVED/ DOCUMENTS MAY BE SUBMITTED T0 THE COURl FOR IN CAMERA REVIEW NOTICE SIGNED, COPY TO DEF, CC: ATTY, PA S 03/1712009 MO! Set for 04/13/2003 Og:OO AM in Room 2 with Judge TLJ 0TH READY on 03/17/2000 08:15 AM in Room l with Judge TLJ Canu$led JTR on 03/10/2009 0805 AM in Room l with judge TLJ CantoloU MOT on 04?13/2000 08:00 AM in Room 2 with Judge TLJ 0ana*lo� MOT Get for 04/13/2000 OG:OO AM in Room 2 with Judge TLJ 0YH HEADY Set for 05/05/2009 08:15 AM in Room l with judge YLJ JTR Sct for 05/07/2009 08:l5 Ail! in Room l with judge TLJ U 00/02/2009 SUBPOENA FILED BY CITY FOR MARILYN KAMCHEFF/ 6E0RGE QVNNE, GARY PALMER 04/06/2009 DEIENDHNT'S MOTION AND MEMORANDUM FILED BY QTY KIRK DAVIS - REFER TO ]U06E Do(K°t continued on next pays mmm /`.//O20..y 8SP 0N/0N NCAIGIPAL COUP` PAGE, lO ;W��U/?UOB ]:3U 01 D C C K E l 0 L bENDq 0| ; ''-Lk, P0UIN EEA�'-j CqSE: GRAO3956H RP. ) Criminal Nhn~Traf/1(:� HqVnC9 No. 03-873� FIX! - continuer:! U U*/10/230g DECLARATION OF SERVICE OF SUDPOLNA FOR WITNESS GARY PALMER FILEV %Y AEC - COPY 10 GZTY PROSECUTOR. DECLARAfI0N OF SERVICE OF SUBPOENA FOR WITNESS GEAR8[ RUNNE FILED BY ADC - COPY TO CITY PROg6CUFOR S 04/l3/2008 M07: Hold Proceedings Rwowrd*d an Tape No. 0z04. U PRO TEM MYCHAL SCHWARTZ PM S AHTHUR DEF APPEARED W/ATTY KIRK DAVIS CITY MOVES 10 K[}M5TATE LEACH COMPLAINTS TM FILES AND DEFENDANT'S ARRAIGNED - FORMAL READING WAIVED AND ENTERS PLEA OF NOT GUILTY FN1ERED VEF OBJECTS 70 COMPLAINTS - SO NOTED 0lSCUSSI0N HELD REGARDING M01I0N 10 JOIN CITY TO RESPOND TO COURT IN RESPONSE TO QUESTIONS ASKED %Y JUDGE - TO RESPOND BY 5/1/09 10 THE JUDGE BEFORE R0Y CITY RESPONDS O9:22 DEFENSE NOTION TO DISMISS W/PRE]UDIGE THE CHARGES OF NUIS0NCE/ RMe l-3-3(Cl 0908 DEF O0]I0N TO DISMISS RE: COLLATERAL ESTOPPEL 0030 DEF NOTION TO DISMISS PURSUANT TO STATE V. KNAPSTPD 09:31 DEF REQUESTS G7 l ESSENTIAL ELEMENTS ARE NOT INCLUDED 0805 CITY RESPONDS TO DEFENSE NOTIONS AND ADVISED IN HIS DRIEFS 0904 COURT RESPONDS RE: CI[f'S ARGUMENT RE: ORDINANCES 10,55 COURT RESPONDS RE: KNAPSYAD MOTIONS ON MS. MILLER CASE CR47681 - COURT ADVISES THEY DO NO/ HAVE HDCESS AND HAS NOT BEEN PROPERLY RAISED 09:57 COURT RESPONDS RE: COLLATERAL ESTOPPEL ON MILLER OASES OR39568 AND CK67655 00:5q DEF RESPONDS RE: COLLATERAL ESTOPPEL AND ADVISES THESE ISSUES ARE IDENTICAL AND THEY 08JECT 1002 COURT ASKS IF COLLATERAL ESTOPPEL AND DOUBLE JEOPARDY ARE THE SAME ON THESE CASES - DEF AGREES THEY ARE THE SAME lO:OS COURT FINDS AS TO ROSIN MILLER, THE 0H]lERTB 0F' COLLATERAL ESTOPPEL lO:O? COURT QUESTIONS DEF - VEHICLE WAS REMOVED FROM PROPERTY TWO MONTHS AGO 10:11 COURT ASKS CITY REGARDING ROSIN MILLER CASES AND IF DIANE MILLER WAS NOTIFIED OF ALL THE CDRREQTI0NS NEEDED ON THE PROPERTY - CITY RESPONDS 1014 COURT ASKS CITY IF DEF DIANE MILLER KNEW OF ALL THE CORRECTIONS NEEDED - CITY'S BRIEF DISCUSSED 100h COURT DISCUSSES RE: VIOLATION OF KING COUNTY PRIOR TO ANNEXATION RE: MUNICIPAL ORDINANCES - CITY RESPONDS lO:l? GOURT DISCUSSES KING COUNTY VIOLATION AND DEF DIANE MILLER HAVING KNOWLEDGE - CITY RESPONDS Dnrrpt continued on next pay- mom Imm ..nil ,05Y XLA10H DUmlC1PAL {oUp7 PAGEll VAQg A P!11 D �A3[: CRO03y58� �PD KNDANT �r^N�Ual N0�-y��ff�C ;' ��n, P02IN uEAN AgoUCy Ho. O8-873� |EXl - CVntirUs'! U UO/21/2809 1028 C3UR7 ASK& 0I1Y RE: OWNERSHIP OF PROPERTY TJS J027 DISCUSSION HELD RE: CRIMINAL CITATION BEING C0�RECTtY ISSUED 10 QEF DTANE MILLER - CITY RESPONDS 10:30 COURT RESPONDS TO MO110N TO DISMISS RMC 1-3-30) ON !HE GROUNDS OF THE ORDINANCE IS UNCONSTITUTIONALLY VOID FOR VAGUENESS long C0uRT vINDS cTS l 0N BOTH CASES MET THE REQUIHENEN[S, BUY CITY TO FILE BILL OF PARTICULARS 1041 COURT FINDS CT 2 HAS MET THE REQUI8GMENiS, BUT OITY TO FILE SPECIFIC INFORMATION - C[TY RESPONDS ADVISING GOING FORWARD WITH CT 2 1044 COURT RESPONDS RE: KNAPSTAD - NOT APPROPRIATE 10:45 COURT RESPONDS RE: COLLATERAL ESTOPPEL - DENIED 1045 COURT FINDS ALL MOTIONS DENIED 10:46 DEFENSE REQUESTS ADDITIONAL INFORMATION BE ADDED TO FILE - COURT WILL TAKE UNDER ADVISEMENT l048 COURT FINDS ISSUE OF KMAPSTHD CAN DE BROUGHT UP AGAIN 10:53 COURT DISCUSSES WHY HE WAS TAKING UP ISSUES OF R0DIM MILLER CASES FIRST, THEN DZQNE MILLER 11:30 DEFENSE SPEAKS RE: BILL OF PARTICULARS DU[ BY CITY 11:30 COURT ADVISES CITY IS TO PROVIDE A STATEMENT OF INDICA[I0W UNDER WHICH PRONGS CITY IS PROCEEDING UNDER ON JUNK VEHICLE BY FRIDAY 11:31 CASE TO PROCEED TO HEADINESS AND JURY TRIAL S Charge 2 Amended too NUISANCE DECLRRRED UNLHWFSL Case Heard Before judge SCHWARTZ, MYCHAL H Defendant Arraigned on Charge 3 Plea/Response of Not Guilty Entered on Charge ] � JUDGE FILES MEMO TO CITY QTTY SHAWN ARTHUR WITH OUTSTANDING QUESTIONS FOR RESPONSE - A RESPONSE T& THESE OUESTI0NS ARE DUE BACK NO LATER THAN 4 P.M. ON 5/1/09 COPY OF MEMO SENT BY FAX TO ATTY DAVIS JUDGE GIVES COPY OF MEMO DIRECTLY 70 CITY PROSECUTOR CASE FILED READINESS, 04/15/2008 RESPONSE TO COURI ORDER REGARDING PMO 6�n-]-2 SE�TI3SECTIONS)3C5 'n FILED DY ATY SHAWN ARTHUR US/54/2509 PLAINTIFF'S REPLY TO DEFTS NOTION FOR RECONSIDERATION FILED LLJ S 85/05/2008 UTH READY; Held Proceedings Recorded on Tape No. 0:00 U JUDGE PRO T[M MYCHAL SOHWART7 CITY REPRESENTED BY PA S. ARTHUR DEFT PRESENT FOR READINESS W/ ATTY K. DAVIS Y0UpT DDTRESSES DEFENSE NOTION TO RECONSIDER D[FLNSE ARGUES RE CHANGE IN THE CITY ORDINANCE FROM A CIVIL INFRACTION TO A CRIMINAL VIOLATION - DOES NOT BELIEVE THAT THE CITY CLEARLY DEFINES THE DESIGNATION OF A PUBLIG NUISANCE 004 CITY RESPONDS COURT MOTES THAT THERE WH6 A 6UDSTANTIQL MATERIAL CKPN62 IN Docket continued on next pagn 0N[0H MUHIGlPAL COUP''.. 01 D 0 C k E T CASE: CRE334568 RPD DEQNUJ�| CrimlDol Non-Traf��C r-'ap, poXs D[Ah 9g+nCy No. 08-97A.'' - COnt1nW e� � 05/05/200@ 7HE ORDINANCE; (i WHE 7HE CREATION OF A NEW CRININAL CODE, LLJ NO! J05T A M0DIFItAIION 0F THE EXISTING CODE DEFENSE M5TI0N 70 RECONSIDER IS DENIED DEFENSE ARGUES THAT THE DEFT WAS NOT ADEQUATELY MADE AWARF S JTk an 85107/2009 08:15 AM in Room l with Judge YLJ Canceled MJT Sot for 05/07/2009 01;00 Ph in Room 2 with judge TLJ � PAPYIES AGREE TO WAIVE TO DENCH TRIAL WITH A POSSIBLE STIP |0 FACTS ORDER ON CHININAL NOTION SIGNED BY ]UDGE JURGDO NOTICE TO APPEAR SIGNED; 0?: CITY, H7TY DAVIS 3 85/3//2009 NJT: Hold Proceedings Recorded on Tape No. 000 U JUDGE PRO lEM MfCHAL SSHWARTZ CITY REPRESENTED BY PA S. ARTHUR DEFl PRESENT FOR BENCH TRIAL W/ ATYY K. DAVIS CITY PRELIMINARY MOTIONS: CITY FILES SECOND AMENDED COMPLAINT ON CH47655, CHAN6ING THE DA[E TO READ "ON OR ABOUT JULY 18-18' 20U8'' NO OBJECTION BY DEFENSE DEFENSE WAIVES FORMAL READING AND ENTERS PLEA OF NOT GUILTY 0015 0I1Y MOTION TO ADD TESTIMONY OF TWO NEIGHBORS 0F WITNESS 0. PALMER, NOT PREVIOUSLY IDENTIFIED ON 0PC DEFENSE 0D3[CT5 TO LACK OF NOTI0E CITY NOTION TO SUBMIT AWL TESTIMONY - DENIED Ol:]Y CITY MOTION TO ADMIT TESTIMONY FROM LARRY MECKLIN WHO IS NO! IDENTIFIED ON 0PC - ARGUES THAT WITNESS MECXLINS' TESTINONY HAS BEEN CONTINUALLY ADDRESSED THROUGHOUT THE COURSE OF THESE PROCEEDZN0.; DEFENSE OBJECTS - WITNESS NOT IDENTIFIED ON 0PG COURT UILL ALLOW TESTIMONY FROM WITNESS MECKLIN AS IT IS N0T PREJUDICIAL TO DEFT U020 DEFENSE MOTION TO EXCLUDE WITNESSES FROM COURTROOM - 6kAN7ED CITY WITNESS 01, MA8ILYM KAM0HEFF, SWORN/TESTIFIES 01:36 CITY EXH 83 AND EXH 24, PHOTOS, MARKED AND ADMITTED Ul:44 CITY EXH 85, LTR FROM ROBIN HILLER, MARKED/ADMITTED 0149 CITY [KH 05, WITNESS KAMCHEFF'S SUMMARY OF O0DE ENFORCEMENT NOTES, MARKED FOR REFERENCE 0054 CITY EXHS V7/ 8, AMD 0, PHOTOS, MARKED/ADMITTED 0201 CITY EXNS 413, All, 412, 413, #14, #15, 918, #17 Sl8/ AND #lg, PHOTOS, M0RKED/ADMITTED 02:Oa DEFENSE CROSS CITY WITNESS #l, MARILYN KHMCHEFF U2:27 CITY RE -DIRECT CITY WITNESS Vl 02:21 CITY WITNESS #2, 6AHY PALMER, SWORN/TESTIFIES 02:2h NO QUESTIONS BY DEFENSE OF CITY WITNESS #? 02:20 CITY WITNESS 03, LMRRY MECKLING^ SW0RN/TE5TIV2ES 02:4G DEFENSE CROSS CITY WITNESS S3, LQKRY MECKLIHC, DocKet t*ntinuod on next cog* z C`^ �5;1, i//v.)J9 y0C�El v r/- y.(i`.}Nl r'iL'KR. RO6IN D[AN CASE: CHUU395h8 RPD CrINiV6l Non -Traffic g*noy No' U8 � 05/07/2= 0202 OYFEN5E MOVES TO STRIKE TE51IM0NY BY 611Y WITNESS W3 A6 ll PER1AINS TO COST OF REPAIRS OR RECONSTRUCTION it A H0mE 02:54 CITY VOIR DIRE CI1Y WITNESS 03 0207 DEFENSE GROSS EXAMINE CITY WITNESS X3 ON VOIR DIR[ 03,00 DEFENSE NOTION TO STRIKE TESTIMONY OF CITY WITNESS 03 19 DENIED 03:02 DEFENSE CROSS EXAMINE CONTINUED 03:04 CITY RE -DIRECT CITY WITNESS 83 03:85 DEFENSE RE -CROSS CITY WITNESS �3 03:05 CITY RE RE -DIRECT CITY WI7NESS 83 RECESS 03;23 COURT RESUMES CITY WITNESS 04, 0F0R JAMES GOULD, SWORN/TESTIFIES 03:28 CITY EXH XZO, CERTIFIED KING COUNTY DOCUMENT, MARKEE, DEFENSE OBJECTS, NOT PART OF DISCOVERY AND LHCKS FOUNDATION 09/38 CITY EXH 821, CERTIFIED DEED, MARKLD DEFENSE OBJECTS AS TO RELEVANCE - OVERRULED 83:39 CITY EXH 422, CERTIFIED DEPY OF REVENUE DOG, MARKED 0EFENSF OBJECTS, NOT PART OF DISCOVERY CITY ARGUES THAT IT TIES WITH EXH #22 AS TO THE PARCEL NUMBER OF THE PROPERTY COURT WILL RLLOW CITY EXH 822 AS 3T PERTAINS TO THE PARCEL NUMBER 09:43 CITY EXH 823, CERlIFIED KIN6 COUNTY DOC, MARKED DEFENSE OBJECTS AS TO RELEVHNCE, OVERRULED 03:48 DEFENSE CROSS CITY WITNESS 14, OFFICER J. O0ULD 03:48 DEFENSE EXH 01' AFFIoAVIT FOR SEARCH WARRANT AND RPTS FROM OFFICER GOULD, MARKED 03:50 DEFENSE EXHS 02 AND EXH 03/ PHOTOS, MARKED CITY OEJECTS TO ADNISSION OF PHOTOS, COURT DENIES ADMISSION OF DEFENSE EXHS $2 AND 43 04:01 RE -DIRECT 04;02 WITNESS EXCUSED CITY M0YES TO DISMISS CT l W/PRE3UDICE IN BOTH CASE GR38588 AND CH47655 - GRANTPD 4:03 CITY RESTS 0001 DEFENSE MOTION TO DIMISS ALL C0UNT5 OA:13 CITY RESPONDS 04:16 HALF TIME MOTION TO DISMISS ALL COUNTS - DENIED 04:23 BRIEF RECESS UO2? COURT RESUMES PARTIES DISCUSS SCHEDULING FOR C0NT3NU3NO 04:28 PARTIES AGREE TO ADJOURN FOR TODAY AND CONTINUE AT 000 AM ON 5/8/0�4 1 Dismiasod W/Prejudit* : Cit&S Mtn -Other Case Heard Before judge SCHWARTZ, MYCHAL H Deferred Sentence Condition : 0 M Docket continued on next page Ems u/)Z8A!}KX 99A REN;0N MUNICIPAL COURT PA8E; l\ U:/A0/2"Op 030 P1.1 0 c C K E T D[F[N,=' r` Lvy, R01IN DEAN CASE: CR0039S66 HPD Crimi m at Non -TraffiC Aq*noV No. � US/07/200Y DSF 9*Yipa Set for 11/00/200i LLJ U 0&/C8/200g 0905 QuUR[ 05UAES FOR DAY 2 OF BENCH TRIAL JUDGE PRO TEd MYCHAL SCHWARTZ DEFT PRESENT W/ ATTY K. DAVIS CITY REPRESENTED BY PA S. ARTHUR Uy:Oh DEFENSE PRELIM ARGUMENT RE NO SUFFICIENT GROUNDS 10 FIND THAT THE DEFT ENTERED INTO A VOLUNTARY COMPLIANCE AGRMT W/ THE CITY 08:08 COURT RESPONDS - SATISFIED THAT 8UFFI0IENT GROUNDS HAVE BEEN LAID Ug:D0 DEFENSE WITNESS 01, ROBIN MILLER, SWORN/TESTIFIES 0904 DEFENSE EXH 44/ DEFTS NOTES, MARKED CITY RESPONDS - HAS NOT PREVIOUSLY BEEN PROVIDED W1 DEPTS NOTES AND REQUESTS COPY DEFENSE ARGUES AGAINST COPY - DENIED DEFENSE CHOOSES TO MOVE FORWARD W/0UT EXH A4 0025 DEFENSE NOTION TO ADMIT DEFENSE EXH 42 CITY 083ECTG - DENIED DEFENSE EXH 42 ADMITTED 09:21 DEFENSE MOTION TO ADMIlEO DEFENSE EXH #3 0I1Y 083GCTS - DENIED DEFENSE EXH #3 HDMIT7ED 00:28 DEFENSE EXH 05/ PHOTO, MARKED DEFENSE NOTION TO ADMIT DEFENSE EXH 95 CITY OBJECTS - OVERRULED DEFENSE EXH 15 ADMITTED 08:34 DEFENSE EXH #6/ LlR FROM DEFT TO CITY, MARKED 08:35 DEFENSE MOTION TO ADMIT DEFENSES EXH 11`5 GITY OBJECTS - OVERRULED DEFENSE EXH Ab ADMITTED 09:52 CITY CROSS DEFENSE WITNESS 11. 1008 DEFENSE RESTS CITY CLOSING ARGUMENT lO:ll DEFENSE OL0SINO ARGUMEM� 10:22 CITY FINAL CLOSING AA6UMENY 1004 COURT RESUMES COURT ADDRESSES PARTIES COURT FINDS DEFT GUILTY IN BOTH CR47655 AND CR38530' 1I:12 PARTIES AGREE TO 60 FORWARD W/ SENTENCINO AND ADDRESS COURT W/ RE00MMFNDA1IONS 11:10 0DURT RESPONDS S Accounts Receivable Croutwdi 193.08 VAN Case Scheduled on Time Pay Agreement l for: 192'001 Charge 3 Other Deferral : Other Pros Rmn LLJ Case Heard Before judge 5CHWARTZ, MY0HAL H No Criminal Violations : h N4 Monitored Unsupervised Probut. : 6 H Other : 6 M i DEFT l0 WORK U/ CITY TO RESOLVE THE OUTSTANDING ISSUES Oooknt continued on next page RUNAN hUNIGIPHT coup PAQ 0 '2050 A 0 V V 0 G K 0 1 Criminal Non. Tra f 4,; Agonav No. 101 - 2antinuo''I U 05/kN/20ad LEFT OPEN BY THE CURRENF CIVIL PROCE0i 17 CON011... ONS MET, CASE VISMISSEV a Durs PREaNcr WAIVE.!) VS 116XED. PAY $192 iNCLUSIVE OF ALL COSTS & ASSESSMENTi:,, GOURI ORDERS CASE SET FOR REVIEW IN 90 DAYS TO CHECK STATUS OF RESOLUTION W/ CITY IN CIVIL PROCEEDINGS NOTICE TO APPEAR SIGNED; C0 CITY, ArTY ORVIS CASE FILED REYIEW ' fHEN S' REV Set for 0811212009 02:30 P11 in Room 2 with Judge fLJ 05/38/2009 COMPLIANT Time Pay Statement Sent for Time Pay Agrooment 1 SY S qWCOUNIIN6 SUMNARY Total Due Paid Credit Ralanc'''; 41mepays Y 193.00 193.00 n9VITIONAL CARL PATfi Goss visposiflorl 08position: OPEN DAVIS. KIRK CHARLES Personal Description. ex; H Race: W DOB: 06/28/1941 jr.L&.No.; MI1..LERD594LO State: WN Expires: 2002 FmPlover;: HeTqhts 5 10 Waights 220 Eyes: HLU Hair: BRO Hoorinq sumICI ary 00id ARRAIGNMENT Held PRE-TRIAL HEARING H 0 1 d MCI 10N Held M011ON K 0 .1J paid MOTION 4 e 1 d M 0 T 10 N Hold MOTION-KNAPSTAD,VAR Hold READINESS HEARING Hold NON -JURY TRIAL Schodule REVICU HEARING ON 11/05/2008 AT 08:30 AM !N ROOM I ON 12/15/2000 PT 01:00 PM IN ROOM I ON 01/14/2009 AT 0200 PM IN ROOM 2 ON 01/20/2009 07 0201 PM IN ROOM 2 ON 02/10/2000 AT 08:15 AN IN ROOM I ON 03/04/2009 AT 02:31 PM 1N ROOM 2 ON 03/18/2000 AT 01:00 PM IN ROOM 2 ON 04/13/2009 AT 0000 AM IN ROOM 2 ON 05/05/2009 AT 0805 AN IN ROOM 1 ON 05/07/2009 AT 0000 PM IN ROOM 2 ON 08/12/2009 AT 0200 PM IN ROOM 2 caso Reviaw statw��' CHHRGE 50 - Deforred Sentence Condition Lad of dockof roport for this case Review Date complied 11/00/2009 N WITH TL ".3 W 1 j H 1 L .1 WITH 4 L "i WITH T L J' W I T H If...,., WITH TLj W 11 H 1 L i WITH TLj WITH f L .] WITH TLj W King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98057-5212 Permit Status:DETERMIN Date Printed:02-11-2008 Case Number:E0700024 Application Date.0110712007 Violator:MILLER ROBIN D Location: Site Address: 16855 125TH AVE SE KC Permit Type; ENFORCE Title: Description: HAZARD -VACANT HOME OPEN TO ENTRY. AN ACCUMULATION OF INOPERABLE VEHICLES THROUGHOUT PROPERTY. The following holds, notices, and comments have been entered. LUGARJ 01/10/2007 01/10/2007 OFFICER BILL TURNER HAZARD -VACANT HOME OPEN TO ENTRY. AN ACCUMULATION OF INOPERABLE VEHICLES THROUGHOUT PROPERTY. V101 SENT R-6 TURNERBI 01119/2007 1-17-07 Site visit. This property has been the source of numerous complaints over the last 15 years. It is a vacant, boarded up OFD in a state of deterioration. There is a deteriorated RV parked in the driveway with broken windows. It is filled with debris including rat droppings. There is a PU truck licensed in 2007 to the property owner in the carport that does not appear inoperable. There is a non- owner registered vehicle parked on the rear lawn that is inoperable. Took photos. TURNERBI 02/01/2007 2-1-07 Vio 2 sent. TURNERBI 02/01/2007 TURNERBI changed status to DETERMIN on 02/0112007 (added by script) TURNERBI 05/0112007 5-1-07 Site visit this day. Vehicle on the rear lawn has been removed but damaged trailer and pickup truck remain. TURNERBI 05/07/2007 5-8-07 Vio 6 sent. TURNERBI 0610712007 6-6-07 Site visit. Damaged trailer and pickup remain. TURNERBI 02/0512008 10-23-07 Site visit. Trailer is still present. Took a photo. TURNERBI 02/05/2008 12-26-07 Site visit. Took photos. The trailer is still present. Although the house remains closed to entry, the structure is deteriorating rapidly. The roof appears deflected. This site will be annexed to Renton effective 3.1.08. TURNERBI 02/1112008 2-7-08 Site visit. All vehicles have been removed but the pull trailer is still present in the driveway. Most of the windows have been broken. The house is still closed to entry but the roof deterioration has accelerated and the structure is no longer weatherproof. Took updated photos. t7MOMNWF6 1*1 t'\ 0 �I I' RAW t i - t 0.- r mow: �� q�K• :�. R j room 1 _ hr j. for I -s' 'Y®II�'�i 4 �6.�51Rd11 Page 1 of 1 Williams, Toya From: srsewing@aol.com Sent: Thursday, December 13, 2007 7:37 PM To, Code Enforcement, Web Complaints Subject: 064 Online Code Enforcement Complaint - s. morse This is notification that a Citizen Complaint reporting a potential code violation was submitted as follows: Date: 12/13/2007 Reference No: 064 Site Address/Location: 16855 125th ave se renton wa 98058 ? Parcel No: 1432400135 ? Owner: robin d miller ? Occupant: none, unlivable Responsible Party (if other): ? Description: House abandoned, boarded up, tarp for roof. Boards for Windows. Told by neighbors this home has deteriorated over neglect for 12 plus years. Public Health has reported rats on property causing rats in our neighborhood. Plumbing broke last winter causing flooding on both properties. This shack is unlivable and unsafe and unsightly. Section 1-3-4(c)(22) of the Renton Municipal Code defines unfit and abandoned structures as "any dwellings which are unfit for human habitation and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilites, inadequate drainage, overcrowding or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. (Ord. 5221, 9-11-2006)". 1 am hoping someone can influence my neighbor to do what is right and tear down or re -build the shack before something happens that could hurt the whole neighborhood such as an accidental fire. Type of Violation: Accumulation of junk and debris Substandard housing conditions Dangerous buil ' gs or conditions Action On -going: Yes Beginning Date: 12 years ago Slopes: No Wetlands: No Streams: No 41 Features above impacted?: No W. Complainant: s. morse Address: City/Zip: Telephone: 206-999-9772 E-mail: srsewing@aol.com Confidential: Yes Requested Mediation info?: No Requested Acknowledgement Letter?: No 12/13/2007 Its" (i) King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 May 8, 2007 Robin D. Miller 1814 SE 2151 Pl. Renton, WA 98055 RE: Kinky Code Violation Code Enforcement Case #E0700024 At: 16855 125th Ave. SE Zoning: R-6 Dear Mr. Miller As owner or agent responsible for the property noted above, you were notified that certain conditions have been found to exist at that location which were declared to be in violation of the King County Code. To date, we have not been informed as to whether or not these violations have been corrected. You are hereby notified that these violations must be corrected. You are to call for an inspection within fourteen (14) days or further action will become necessary as prescribed by the code. To discuss this matter further, please contact me at (206) 296-7084. If I am unavailable, leave your name, case number, and phone number on the voice mail and I will return your call as soon as possible. You may also respond by fax at (206) 296-6604 or Email at wi l li am.turrner@metrokc, gov. Thank you for your cooperation. Officer Turner King County Code Enforcement King County Department of Development and Environmental Services 900 Oakesdale Avenue 5W Renton, WA 98055-1219 February 1, 2007 Robin D. Miller 1814 SE 21" PI. Renton, WA 98055 RE: King County Code Violation Code Enforcement Case 4E0700024 At: 16855 125`11 Ave. SE Zoning: R-6 Dear Mr. Miller: An inspection of the subject property and/or review of the file has confirmed the following violation(s) of King Countv Code exists on the subject property: Inoperable vehicle (Toyota 797SJQ) in the rear yard area, dilapidated travel trailer in the driveway and assorted debris in the yarn areas. To correct these violation(s)- Remove these vehicles and materials from the premises by April 1, 2007. Our office is now preparing legal notice directing you to immediately resolve these violation(s). This legal notice will subject you to civil penalties, which will begin immediately upon issuance of the order_ If the violation(s) are not resolved, the civil penalties could amount to several thousand dollars, and you may also be subject to an abatement process in which a contractor would correct the violation(s). The civil penalties, costs incurred by the county to pursue code compliance, and the cost of that abatement would be your responsibility and may be filed as liens against your property. It is important you respond immediately to this notice. To discuss this matter further, please contact Bill Turner at 206-296-7084 or email william.turner@metrokc.gov. If he is unavailable, leave your name, case number, and phone number on the voice mail and he will return your call as soon as possible. You may also respond by fax at (206) 296-6604. Thank you for your cooperation. Inspector Turner King County Code Enforcement oit P'll- W ., .. �. 1,:�� . y - �.� i ,� .. �.=� _ � .. �� :' _ -: �w� .�.� f w Case 0: fE--0-35'1 14 —3 Address: 116855125TH AVE $E KC Status: fdL—Offb OWNER: MILLER ROBIN D Back �top Date FT24/2W3 DoE Luc I 11IV-1 hard jr* I Doc01 Lie JE(K :[cregn Parcel Jj*1 Parcel llulrer Type I Sub Type I Level Date Tt.iw N..c 143240-0135 I E 0200614 ENFOACI'ENFIDRCE P 0611112002 CLOSED 'MILLER ROSIN D E V301 OO ZNFOFICI.� CWrQRC:E e.P .11/1012003 CLOSED MILLER ROBIN D all I= 143240-0135 E9=98 ENFOPCI ENFORCE P DV13/19901 CLOSED MILLER ROBIN 143240-0135 i i295M9 ENFO90� ENFORCE 'P �06/02/1995 CLOSED MILLER ROBIN D ... ......... 143240-01�5 1 i E9701136 ENFORQ,ENFOPCE �P lWI/1997 CLOSED MILLER, ROBIND. E 9800373 E N FORC E NFORCE P 04115/1998 CLOSED MILLER, ROBIN D 1143240-0135 abbbB27 'EKOR�6 ENFORCE P 08/12/1398 CLOSED MILLER, ROBIN 0 �E9900884 :ENFORC ENFORCE P 07/1211999 CLOSED MILLER Rniq b Record: 3 of 13 0 SCI&CI eajCel N4enbers Like Type 5 ut)T ype E nt et ed D at e 8 etween: and Select M ultoe3 & Make ACUWy Set F Show Address Attachments ,elect Licemee: UN�i COUNTY. WA Serial N umber 6136 U!ser� 150 Verso) v 47.77 WA, M., Wednesday, Jan 10. 2007 01:51 PM User: lugarj Computer: DE247939 Os: Windows NT Version: 5.1 Vehicle/Vessel Inquiry System Page I of 1 State of Washington - Department of Licensing VehiclelVessel Inquiry System KING COUNTY (DDES) CODE ENFORCEMENT - 900300 �iEW SEAR CI� IMPORTANT: Information displayed on this screen may have been last updated 48 hours ago. If you have questions concerning this record please call 360-902-4000. Mailing Address of Registered Owner Legal Owner: ISALF.S,CARLOS A 1616 5W 104TH ST APT 3 SEATTLE WA 98146 Plate information: Remarks: Plate: 797SJQZ.ip code in R`1'A Expires: 11/06/2006 Monorail Split Zip Issued: 08/2004 Reverified address Tab #: V909323-06 Previous tab #: Y890728-06 Brands: Plate Flags: Centennial plate Vehicle information: Model year! 1989 VIN Flags: Make: TOYT Series body: CAM413 Title/Renewal information: Model: CM Total fees paid: S19.50 Body type: 4D Title #: 0605520408 VIN: JT2SV21 E 3K3377853 Title transferred: 1111512005 Use Class: Passenger Car Color: Gray Additional vehicle information: Current odometer: F 0000000 Gross weight: Previous odometer: 1: 0000000 Scale weight: 2880 Ibs Power: Gasoline Tannage fees: $0.00 Value code: 12328 Tonnage abatement: Value year: 1989 Tonnage exp date: https://fortress.wa.gov/dol/ivipsprod/Vehlnfo.asp 01/19/2007 Vehicle/Vessel Inquiry System Page 1 of 1 State of Washington - Department of Licensing Vehicle/Vessel Inquiry System KING COUNTY (DDES) CODE ENFORCEMENT - 900300 NEW SEARCI4 IMPORTANT: Information displayed on this screen may have been last updated 48 hours ago. If you have questions concerning this record please call 360-902-4000, Mailing Address of Registered Owner Legal Owner: MILLER,ROBIN D MILLER,DIANE E 1814 SE 21ST PL RENfON WA 98055-4554 Plate information: Remarks: Plate: A45521 H RTA "lax paid Expires: 05/28/2007 Verified address Issued: 06/2000 Tab #: F494280-07 Brands: Previous tab 4: X932344-06 Vehicle information: Plate Flags: Centennial place Model year: 1972 Make: FORD VIN Flags: Series body: PU Model. Title/Renewal information: Body type: Total fees paid: $67.00 VIN: F25YRN45549 Title #': 8421300709 Use Class: Personally used Truck Title transferred: 03 / 16/1978 Color: Green, Dark !Green, bight Additional vehicle information: Current odometer: Gross weight: 8000 lbs Previous odometer: Scale weight: 4250 lbs Power: Gasoline Tonnage fees: $58.00 Value code: 3875 Tonnage abatement: 12 Value year: 1972 Tonnage exp date: 05/28/2007 https://fortress.wa.gov/dol/ivipsprod/VehInfo.asp 01 /19/2007 King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 CODE ENFORCEMENT COMPLAINT FILE Case #: E0700024 Opened: COMPLAINT: HAZARD -VACANT HOME OPEN TO ENTRY. AN ACCUMULATION Parcel Number: 143240-0135 Site Address: 16855 125TH AVE SE KC City,Zip: ??, ?? Owner Name: MILLER ROBIN D Violator Name: MILLER ROBIN D Phone # Hm Wk Pg/Fax Email Zoning ??,??, ?? � � t Property Size: (acres): 0 (sgft):?? 0 Violation Type HZ Priority Type: ?? Inspector BTUR STR: (??)a Incorporated City: Complaint: Anonymous: Confidential:Y Wants Notification: Date Printed: [01-10-2007] CF.-COVER 10 ._ing County Department of Development and Environmental Services 900 Oakesdale Avenue 5W Renton, WA 98057-5219 January 10, 2007 Miller, Robin 1814 SE 2151 PL Renton, WA. 98055 RE: King County Code Violation Code Enforcement Case #E0700024 At: 16855 125"' Ave SE Zoning: R-6 Dear Ms. Miller, This agency has received a complaint alleging that the following violation(s) exist on the subject property: HAZARD -VACANT HOME OPEN TO ENTRY. `N ACCUMULATION OF INOPERABLE VEHICLES THROUGHOUT PROPERTY, hile some complaints are unfounded or exaggerate conditions, many are accurate and bring important code violations to our attention. If your property is in violation, immediate steps must be taken to bring the property into compliance. An inspection of your property will be conducted to confirm any violations. Some types of alleged violations take priority over others and inspections will be performed accordingly. We will inspect as soon as possible to verify the complaint. If your property is found to be in compliance at that time, our case will be closed. If your property is found to be in violation, and we have not received a response to this letter, our office will prepare legal notice directing you to immediately resolve the violation(s). The legal notice will subject you to civil penalties, which will begin immediately upon issuance of the order. Ifthe violation(s) remain unresolved, the civil penalties could amount to several thousand dollars, and you may also be subject to an abatement process in which a contractor could correct the violation(s). The civil penalties and cost of that abatement would be your responsibility and will be filed as liens against your property. To avoid this legal notice, please contact me at (206) 296-7084 within 7 days of the date of this letter to discuss this complaint and a compliance schedule if a violation is confirmed. Sometimes appointments, meetings or priorities may make me unavailable during this time. If I am unavailable at the time you call, leave your name, case number, and a daytime phone number complete with area code on my voice mail and I will return your call as soon as possible. By leaving a message within the 7 day time frame, this will be considered meeting the deadline for response to this letter. You may also respond by fax at (206) 296-6604 or Email at william.turner(_&rnetrokc.eov. I am also available at my office by appointment only. Thank you for your prompt attention to this matter. Sincerely, 'ficer Turner _ing County Code Enforcement Enclosure: DATE:_ TAKEN ' RCVD FROM VM: circle) HSAW ATIJ 1 HHUNt: WALK IN FAX LTR Mw REFERRAL HDR MIMP DOLE EGAR BTUR SLUR BWOQ E OF COMPLAINANT: PHONE #` Z ` COMPLETE COMPLAINANT ADDRESS: CONFIDENTIAL;— YES NO ACKNM FnnFMFNT I FTTPP- v=c un ADDRESS OF COMPLAINT: ICE PROPERTY OWNER NAME: L cl PARCEL #�� MAILING ADDRESS, CONSTR. OF UNDER CONSTRUCTION?? VVHERE? " 'f1�r✓G fGC. l �c:��C:�<f# JUNKJDEBRIST WHERE SUBSTANDARD DWELLING: TENANT/RENTER? GWCL CRITICAL AREA? :—YES NO WHAT? ;ar7i WORK COMPLETED? LONG? _W/O PERMITS WORK COMPLETED:- WORK BEING DONE NOW PARCEL # CHECKED FOR OTHER ACTIVITIES ASSESSORS INFO PRINTED R RED TO INSPECTOR FOR FOLLOW-UPIADDTL. INFO REQUIRED (CASE NOT OPENED) CALL BACI—ODMEL FOR MORE INFO CASE 4. .AOFFICER _ _ _7REFERRAL TO OTHER DEPT( STUBLIC185DICODE 6NF'TEMPLATFs 8&. FOXMSTOMPLAINTFORM _ _— Revised: 67406 Page 1 of 2 GISMO - Parcel Information Report �W King County DDES Parcel Information Report hange Report - report was generated: 1/10/2007 1:53:18 PM Parcel Number: 1432400135 Pr nt ,1 - Base Info Parcel Number: 1432400135 Tax Payer: MILLER ROBIN D Annexation: N/A Jurisdiction: King County Situs Address: 16855 125TH AVE SE Zip Code: 98058 Postal City Reference Info Plat Name: CASCADE VISTA ADD Plat Recording Date: N/A Plat Lot: 27 Plat Block: 1 Kroll Page: 602 Thomas Brothers Page: 656 S-T-R: SW-28-23-5 Irea: 9,170 SgFt. (0.21 Acres) - Planning Info The information included in this report has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to the accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, last revenues or last profits resulting from the use or misuse of the information contained in this report. Any sale of this report or information on this report is prohibited except by written pefmrssion of King County. Zoning: R-6 Comprehensive Land Use: um Assessor's Open Space: N/A Commercial Use: N/A Number of Units: N/A Appraised Land Value: 2005 - $67,000, 2006 - $73,000 Appraised Improvements Value: 2005 - $55,000, 2006 - $57,000 Administrative District Info Community Plan Area: Soos Creek Unincorporated Area Council: N/A School District: Renton School District 403 Fire District: 0040 Roads MPS Zone: 336 ($4,696) Roads Transportation Concurrency Mitigation Zone: 789 Waterfront: No Water System: WATER DISTRICT Water Service Planning Area: Soos Creek Water and Sewer District S-•••er System: PUBLIC in Noise Remedy Program: N/A —d Eagle Flag: N/A Council District: 9 Reagan Dunn Drainage Basin: Soos Creek: WRIA 9 Police Jurisdiction: King County http://ddeshome/gis/reports/pareelinfo.aspx9pin=1432400135 01/10/2007 GISMO - Parcel Information Report Page 2 of 2 Police Precinct: 3 Police District: F3 Snowload Zone: Standard A^ricultural Production District: N st Production District: N r, al Forest Focus Area: N Transfer Development Rights Type: N/A Transfer Development Rights Status: N/A Transfer Development Rights Permit Number: N/A - Inspection Area Info Building Inspection Area: S-4 Clearing Inspection Area: Jim Ballweber Code Enforcement Inspection Area: Bill Turner ESA Inspection Area: Kathy Newborn Grading Inspection Area: Ramon Locsin Land Use Inspection Area: Tenzing Thinley Sensitive/Critical Area Info Sensitive Areas Notice(s) on Title: None Sensitive Historic Site: None Aquatic Areas Buffer: N Basin Condition: Medium Control Area: Conservation Flow _er Quality: Basic Water Quality Treatment Critical Aquifer Recharge Area: None Area of Potential Wetland Influence: N Enter a 10 digit Parcel Number: (e.g. 2223059015) SeafCh GIS Mapping Operatio[�s fGiSiO) Slsrs�a �0 G .. `. http://ddeshome/gis/reports/parcelinfo.aspx?pin=1432400135 01 /10/2007 B OS RING COUNTY DEPT OF ASSESSMENTS ED01 PAII1260-S1 REAL PROPERTY CHARACTERISTICS 01/10/07 13:54:07.1 ACCOUNT: 143240--0135-0 SITUS: 16855 125TH AV SE 98058 TAXPAYER: MILLER ROBIN D QSTR: Ski 28 23 05 LOT 27 BLK: 1 PLAT: CASCADE VISTA ADD JUR S: KING CO * LAND DATA SUI L D I N G DATA * * BLDG IOF1 ZONE" ACTUAL ! BLDG SQ FOOTAGE DATA MISC BLDG INFO JURISDICTION KING CO j FIRST FLOOR 920 YEAR BUILT 1958 SQUARE FEET 9170 1/2 FLOOR #STORIES 1.0 WATER SYSTEM WTR DIST 2ND FLOOR #LIVING UNITS 1 p, '-,EWER PUBLIC j UPPER FLOOR DAYLIGHT BSMT �. E NO TOTAL BSMT HEAT SOURCE GAS OPED SPACE FIN BSMT HEAT SYSTEM FR AIR BSMT GARAGE ACCESSORY IMPS TID LANDS TOTAL LIVING AREA 920 POOL AREA WATERFRONT FEET ATTACHED GARAGE POOL CONSTR WFT LOCATION DET GARAGE AREA WFT BANK ROOMS CARPORT AREA 240 WFT RIGHTS ONLY BEDROOMS 3 MOBILE HOME 0.0) CHO SE ONE OPTION: PRESS <PRINT> TO PRINT SCREEN, <PF > FOR LEGAL, <PF6> FOR HISTORY, <PF7> FOR TAXES OR <PF8> TO END. MS3210 - [Qfi£S 11 RPCI 143240013506 MILLER ROBIN D 1814 SE 21ST PL REN ON WA LOT 27 BLOCK:1 RY OY ST SC NC LEVY OM- Lip 08 T 4250 07 T 4250 06 T 4250 5 T 4250 I - T 4250 YEAR RECEIVABLE TYPE 07 FIRE DISTRICT 06 FIRE DISTRICT 06 SURFACE WATER 06 SWM BOND 06 NOXIOUS WEED 06. CONSERVATION RPC 143240013506 DOC: 07/31/06 REVALUE ST:CURNT ACTIVE 85A021 CASCADE VISTA ADD 01/10/07 LESS C & M RGTS 98055 LAST LEGAL IS 2 LAND IMPS BILLED PAID P A 78,000 61,000 .00 .00 78,000 61,000 .00 .00 F 73,000 57,000 1,599.20 799.60 H 67,000 55,000 1,463.46 1,463.46 65,000 52,000 1,355.79 1,355.79 TOTAL DUE: 1,017.99 LEVY BILLED AMT PAID AMT ACRE BENEFIT =• 9340 104.59 .00 9340 114.11 57.05 9440 91.43 45.71 9470 10.57 5.29 9420 1.50 .75 9430 10.00 5.01 JUMP CODE: ADDITIONAL DATA UNFIT DWELLINGS, BUILDINGS AND STRUCTURES HEARING BEFORE THE DIRECTOR CITY OF RENTON FINDINGS AND ORDER OF THE DIRECTOR _ OWNER: Robin Miller 1814 SE 21" Place Renton, WA 98055 LOCATION: 16855 —125`h Avenue SE, Renton, WA SUMMARY OF REQUEST: Director determined the approfriate disposition of the building located at 16855 1.25C Avenue SE, in response to the City of Renton Building Official's unfit building complaint, declaring the building an unfit building per Renton Municipal Code (RMC) Section 1-3-5. PUBLIC HEARING: After reviewing the City 's written request for a hearing, and examining available information on file, the Director conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the September 11, 2008 hearing. The legal record is recorded on CD. The hearing opened on Thursday, September 11, 2008, at 1:02 p.m. in the Council Chambers on the seventh floor of Renton City Hall. Parties wishing to testify were affirmed by the Director. The following exhibits were entered into the record: Exhibit No. 1: The official file, including copies of the formal complaint issued by the Renton Building Official, records of the actions taken by Renton Code Enforcement, photographs of the site, and building and title reports for the property. Exhibit No. 2: Photographs taken on the morning of September 11, 2008, prior to the hearing of the site and building, Exhibit No. 3: Listing of the fees and costs to be paid by the property owner under the provisions of Renton Municipal Code Section 1-3-5. Miller Unfit Building ring September 18, 2008 Page 2 of 11 Parties present: Mark Barber, City Attorney Marilyn Kamcheff, Renton Code Compliance Inspector Larry Meekling, Renton Building Official David Pargas, Renton Deputy Fire Marshal Paul Baker, Renton Lead Code Compliance Inspector The Director opened the hearing, explained the structure and procedures of the hearing, and asked all parties wishing to testify to take an affirmation. Mark Barber, City Attorney representing the City in presentation of their case, outlined the applicable code section for Unfit Buildings. The City had responded to complaints received in March 2008 about an abandoned house at 16855 125ih Ave SE, in Renton, WA. The complaints were investigated by City staff, and it was determined that the condition of the house warranted designation as an unfit building, as stipulated in Renton Municipal Code (RMC) 1-3-5. A formal complaint was prepared and issued to the property owner, Robin Miller, requiring repair or demolition of the house_ As stipulated by City code, a hearing was scheduled to determine the appropriate disposition of the structure, and notice was provided as required in RMC 1-3-5. Marilyn Kamcheff, Code Compliance Inspector, City of Renton, 1055 S. Grady Way, Renton, Washington 98057, then provided testimony outlining the history of the investigation for this site, results of the site investigation, results of the title search on the property, and City staffs recommendation on disposition of the building. A complaint was received by the Renton code compliance group on March 5, 2008, of an abandoned house at 16855 125`h Ave SE. The house was reported to be quite a dump, vacant for many years, with the roof falling in and rats reported on the site. Ms. Kamcheff visited the site on March 11, 2008, and found the house to be in considerable disrepair. The house was abandoned, with a roof which was partially collapsed. Several holes were observed in the roof, allowing for entry of water and potential vermin. There was green frayed material secured along the roof line covering the gutter area with exposed roof beams that had obvious dry rot. The two front windows were boarded up with plywood. The wall between the windows was sagging. An Order to Correct was issued and mailed to Robin Miller on March 18, 2008. The compliance date was set as April 23, 2008. No response was noted by the City prior to the compliance date. On May 12, 2008, Ms. Kamcheff was able to talk with Robin Miller, owner of the property, about the problem and the need to correct the situation. Mr. Miller said he was in a state of shock over the City's requirements to bring the property into compliance with City of Renton codes. Mr. Miller argued that the condition of the Douse was such that he could repair it. Miller Unfit Building ring September 18, 2008 Page 3 of 11 On May 15, 2008, Mr. Miller brought a letter to Ms. Kamcheff refuting the charges as listed in the Orders to Correct. During this discussion, he stated his desire to repair the house. He indicated that he would like to have an additional 60 days to continue work on the house. On May 20, 2008, Ms. Kamcheff sent a letter to Mr. Miller which listed the City's requirements for the violations listed on the earlier Order to Correct. The letter granted Mr. Miller additional time to work on his property. His new compliance date was July 15, 2008. On July 16, 2008, Ms. Kamcheff conducted an inspection of the site. She found that the house was still in a dilapidated condition. It was apparent that there had been no work done on the house. On July 17, 2008, a notice and order was mailed to Robin Miller advising him of the City's intention to abate this house. This notice and order was cancelled on July 29, 2008. Mr. Miller was mailed notice that the notice and order was cancelled, along with the associated hearing date. A search warrant for the house was approved by Judge Terry Jurado on August 6, 2008. On August 7, 2008, Police Department personnel, Commander Charles Karlewicz, Sergeant Tracy Wilkinson, Officers James Gould, David Adam, and Jason Hudson met with Code Compliance Inspector Marilyn Kamcheff, Lead Code Compliance Inspector Paul Baker, Building Official Larry Meckling, and Assistant Fire Marshal David Pargas, at 16855 125`h Av SE at 1:30 pm to make a visual determination of the interior condition of the house, via the approved search warrant. Ms. Kamcheff testified that upon entering the house she observed an interior that had been gutted of much of the electrical, plumbing, and heating apparatus. The wallboard had been stripped and only bare studs were standing. flooring was missing in many portions of the interior making it difficult and dangerous to walk. There was a "U" shaped brace on the front portion of the house that was a support for the roof rafters. She testified that she had observed dry rot on the sill plate of the foundation at numerous places in the interior, both in the front and back portions of the house. She observed piping that had rusted joints and connections that were left unfinished. A sewer drainpipe had been disconnected and was open. Both water and electrical service was cut off to the house. On August 21, 2008, an Amended Complaint for Unfit Dwellings, Buildings and Structures was sent to the property owner, Robin Miller, by registered mail. The complaint stated that the house located at 16855 125`h Av SE was an unfit building as set forth in RMC 1-3-5. The complaint states that a Renton code compliance inspector inspected the dwelling, and found the dwelling unfit, substandard, and unfit for use as a dwelling in that it lacked the components of a livable dwelling, and that it is unfit for use as a building or structure, in that it had the following conditions: (1) no sanitary sewer service; (2) no water service; (3) no electrical service; and (4) severe roof damage and disrepair or dilapidation with obvious dry rot. Miller Unfit Building ring September 18, 2008 Page4of it Ms. Kamcheff testified that she visited the site that morning, September 11, 2008, for a re -inspection, and found that no visible actions had been taken to correct problems noted with the house. Pictures were taken of the house and entered into the record, which showed that the house is in considerable disrepair with a failed roof, open entry places in the roof which allow water to enter into the house, rotted exposed beams, poorly maintained siding, a sagging exterior wall, and boarded up windows. Ms. Kamcheff further testified that she had conducted a title search through King County records, which showed that the property was owned by Robin Miller and that there are no records showing that this property has been sold to another party. Ms. Kamcheff testified that while attending three separate neighborhood meetings as a City representative, she had been approached by neighbors of this property complaining about the conditions of this property and the abandoned house on the property. The neighbor of site noted that the house had been vacant since he moved into his house next door ten years ago. Other neighbors reported to Ms. Kamcheff that the house had been vacant for at least 12 years. Ms. Kamcheff was then cross-examined by Mr. Miller. Responding to Mr. Miller's questions, she confirmed that the first photos in the official file were taken in March of 2008, and were only of the exterior of the house and the property. She confirmed that Mr. Miller had indicated in their meeting on May 15, 2008, that he disputed the City's claim and process in this matter. Mr. Barber then called Robin Miller, the property owner, to testify. In response to questions from Mr. Barber, Mr. Miller confirmed that he had received the Orders to Correct sent to him by the City. He also confirmed that he had not complied with the requests within the Orders to Correct. Mr. Miller confirmed that he had received the Amended Complaint for an Unfit Building dated August 21, 2008, by mail. He was not certain if it had also been posted on the property in question. Mr. Miller confirmed that he had not applied or obtained building permits for this property from either King County or Renton. Mr. Miller stated that he was not aware that any building permits would be required for the rehabilitation work he was doing on the existing house. Larry Meekling, Renton Building Official, testified that he had inspected the interior of the building on August 7, 2008, with the group entering the site under the approved search warrant. He reported finding that the house was beyond disrepair, with numerous failing systems. The floor system had failed, and was missing in many areas. The roof system had failed, the supporting walls were failing or damaged, and much of the house utilities, such as plumbing and electrical, were damaged or missing. There were extensive signs of moisture related deterioration. The roof had several holes, and it was apparent that the roof had been damaged extensively for years. The structure was not habitable, and in violation of many City building codes. The structure is a safety and health hazard due to potential structural hazards. Mr. Meckling further testified that the Miller Unfit Building ring September 18, 2008 Page 5of11 cost of repairing the structure would far exceed 50% of the value of the structure. The house would have very limited salvage value, and did not appear to be worth repairing. His recommendation was to demolish the building. Mr. Miller then cross examined Mr. Meckling. In response to questions, Mr. Meckling responded that he believed that the cost of repair would exceed the value of the structure by 50%, that this was based upon his experience of over 15 years as Assistant Building Official and Building Official for the City of Renton, and the cost of repairs were based on estimated costs for building permit calculations, and represented approximate market values for costs of labor and material for the repairs. The Director asked Mr. Meckling to list the parts of the house that would need to be repaired to bring the house into compliance for a habitable stricture. Mr. Meckling stated that everything beyond the foundation of the house needed repair, including the floor systems, the walls and related structural systems, and the roof. He noted that the roof was currently sagging and extensively damaged. David Pargas, City of Renton Assistant Fire Marshal, then testified. He also inspected the building at 16855 1251h Av SE under the approved search warrant on August 7, 2008. He noted that the roof of the house was extensively damaged, the walls were failing, sections of the floor were missing, and the electrical system had several code violations and missing sections. Based on his professional opinion, he stated that the building was a potential hazard for emergency fire response purposes. Mr. Miller, owner of the property at 16855 125"' Av SE, Renton, Washington, then testified. He stated that he had received an Order to correct various conditions on the property from the City of Renton on March 18, 2008. He expressed his displeasure with the process, and wanted to file a complaint upon receiving the Order to Correct and request an appeal. The property had been in unincorporated King County until March 1, 2008, at which time it was annexed to the City of Renton. He contends that he is not subject to these City code provisions, as the same conditions existed on the property prior to annexation, and did not violate County codes. Mr. Miller stated that the house was in serious disrepair, and that he was attempting to repair the structure. He had gutted the interior of the structure, and started work on replacing some of the floor joists. He invested considerable money in lumber for the repairs, some of which was in the structure, and the rest stored elsewhere off site. He had been delayed in completing the desired repairs due to limited funds and health issues. Mr. Miller says he keeps the site maintained, including mowing the lawn. He has not seen any evidence of rodents on the site. He further testified that the house had been broken into around March 11, 2008. Equipment, including a generator, were stolen from the house at that time, and the house was left open. Miller Unfit Building gyring September 18, 2008 Page 6 of 11 Mr. Miller stated that it was his plan to repair the house as a future retirement project. He stated that he believed the cost of repair was less than 50% of the value of the property. He also expressed his observation that the structure was structurally sound at this time. Mr. Barber then cross examined Mr. Miller. In response to Mr. Barber's questions, Mr. Miller acknowledged that the house had been vacant for over one year. Mr. Miller also acknowledged receiving a violation notice from King County regarding this same structure. He stated that he had complied with the County's enforcement letter by securing the building from entry. Mr. Barber asked Mr. Miller if he had received any complaints from the neighbors about the house. He answered that he had not received any complaints directly from any individual neighbors, but was made aware of the concerns via the King County code enforcement action. The Director then asked Mr. Miller how long he would need to repair the structure. Mr. Miller responded that it would take him six months to a year to bring the house into limited compliance. The Director asked how long the utilities had been disconnected from the house. Mr. Miller stated that the electricity had been removed by others, and the water was cut off last winter in response to a leak in the service line to the house. Mr. Barber noted that the City of Renton has adopted the 2006 International Residential Code, which states that permits are required for proposed tenant improvements, including structural repairs or replacements, and repair or replacement of roof and mechanical systems. The work proposed to repair this house will require building permits from the City of Renton. The Director requested staff recommendation for appropriate dispensation of this structure. Staff recommendation was presented by Marilyn Kamcheff Staff requested that the Director confirm the staff determination that this structure was appropriately classified as an unfit building per RMC 1-3-5. Staff also requested the Director to order demolition of the house located at 16855 1251h Av SE, due to: (1) the high cost of repair in comparison to the assessed value of the house, (2) the dilapidated structure was a blight and hazard, (3) the abandoned structure was an attractive nuisance, and (4) the structure was open to the elements through numerous holes in the roof, providing possible entry for vermin. Staff further requested the order to include payment of the fees, including payment for City staff time, allowed by RMC 1-3-5- Mr. Miller requested an extension of the hearing to allow him additional time to review the record and to prepare his response. The Director stated that the record had been available for some time before the hearing, and appropriate notice had been provided to the property owner regarding the time and nature of the hearing. The request for extension was denied by the Director. Miller Unfit Building Ing September 18, 2008 Pagc 7 of 11 Mr. Miller also noted that he has never see vermin or evidence of vermin on the property, and that the house has not been entered by children or transients. He requested the Director to not require demolition of the house, and to allow him to continue with repairs of the structure as be has planned. The Director called for further testimony regarding this unfit building complaint. There was no one else wishing to speak, and no further comments from staff. The hearing was closed at 2:20 p.m. FINDINGS, CONCLUSIONS & DECISION Having reviewed the record in this matter, the Director now makes and enters the following: FINDINGS: The City of Renton issued an unfit buildin� complaint to the property owner, Robin Miller, for the house located at 16855 125t Av SE in Renton, Washington. This complaint was sent to the property owner on August 21, 2008. The complaint included notice of the mandated hearing before the Director, scheduled for September 11, 2008, at Renton City Hall, 7t" floor, at 1:00 p.m. Robin Miller was mailed the unfit building complaint by first class mail and certified mail on August 21, 2008. 2. An official records file for the unfit building investigation and issuance of a complaint for 16855 1251h Av SE, Renton, Washington was entered into the record as Exhibit #1. The file contains copies of the formal complaint issued by the Renton Building Official, records of the actions taken by Renton Code Enforcement, photographs of the site, and building and title reports for the property. The subject structure is located at 16855 125t" Av SE. The legal description for the property is Lot 27, Block 1, Cascade Vista, according to plat thereof recorded in Volume 60, pages 33 through 35, records of King County, Washington. Robin Miller testified in the hearing that he was the owner of the property in question. 4. Records indicate that King County Code Enforcement sent correction notices to the property owner regarding building code violation with the house in 2006 and 2007. Under County regulations, the structure was required to not be occupied and secured from entry. The property was part of the Benson Hill annexation area, which was annexed to the City of Renton on March 1, 2008. The house at this location was reported to the City by neighbors as being abandoned and in a state of near collapse. The neighbors have reported to City staff that the house has been vacant for over ten years. Miller Unfit Building 'ing September 18, 2008 Page 8of11 6_ Investigation by City staff concluded that the house was in serious disrepair, with a failed roof, numerous holes in the roof, and a sagging supporting wall. A search warrant was obtained to allow for inspection of the interior of the house. The house was searched by City staff on August 7, 2008. The interior of the building was gutted and in considerable disrepair. There were extensive signs of moisture deterioration. Numerous structural failures were noted, including missing or damaged sections of the floor system, supporting walls, and utility systems. The roof had numerous failures and holes, which have allowed water to enter the interior of the house. The holes also provide potential entry to the structure by vermin. 7. The City of Renton Building Official testified that the repairs which would be needed to bring the house into compliance with current building codes would be extensive, with everything above the foundation needing repair or replacement. He further testified that the cost of repairs would far exceed 50% of the value of the current structure, based on its assessed value for tax purposes. King County tax records for 2008 list the value of improvements on this property at $69,000.00. The City of Renton Assistant Fire Marshal testified that the structure was currently in violation of the Renton adopted International Fire Code. He further testified that the house, in its current condition, was a potential hazard to emergency responders, such as firefighters. 9. The property owner testified that he has been working on repairing the house, and has made a significant investment in lumber for the repairs. Repairs have started on some of the floor joists. He has been delayed in completing repairs by financial and health reasons. He received notice from King County, prior to annexation to Renton, of building violations with the house, and complied with King County regulations by securing the building from entry. Be stated that he believed this enforcement action by the City was inappropriate, as the condition of the structure was same as it had been under the County's jurisdiction prior to the annexation date of March 1, 2008, 10. Based upon the information provided by the City investigation, it was City staffs determination that the house was an unfit structure as defined in RMC 1-3-5. 11. The property owner does not want to demolish the house, preferring to restore the house to a habitable condition through a personal repair project. He estimates that it would take six months to a year to bring the structure into limited compliance with building code requirements. Miller Unfit Building firing September 18, 2008 Page 9 of 1 I CONCLUSIONS: A building is determined to be an unfit building if it meets the following definition from RMC 1-3-4.A.11.c(22): Any structure, which has been damaged by fire, weather, earth movement, or other causes, and which is not fit for occupation, and has been abandoned or unoccupied by lawful tenants for a period of 90 days, or where the cost of repair exceeds the value of the structure once repaired, or such a damaged structure whose owner shows no intention on completing such repairs within 90 days. Included within this definition shall be any dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of the City of Renton. RMC 1-3-5.B.2 provides the standards to be followed in substance by the Director or the Hearing Examiner in ordering repair, vacation, or demolition. These standards are as follows: I. If the unfit building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired by the Director or, on appeal, by the Hearing Examiner. 2. If the unfit building is in such condition as to make it dangerous to the health, morals, safety or general welfare of its occupants, neighbors or the general public, it shall be ordered to be vacated by the Director or, on appeal, by the Hearing Examiner. 3. If the unfit building is fifty percent damaged or decayed or deteriorated in value it shall be demolished. Value as used herein shall be the valuation placed upon the building or structure for purposes of general taxation. 4. If the unfit building cannot be repaired so that it will no longer exist in violation of the terms of this chapter it shall be demolished. 5. If the unfit building is a fire hazard, existing or erected in violation of the terms of this chapter or any other ordinance of the City of Renton or the laws of the state of Washington, it shall be demolished, provided the fire hazard is not eliminated by the owner within a reasonable time. DECISION: 1. The abandoned house located at 16855 125`h Av SE in Renton, Washington, is hereby determined to be an unfit building. The building has been abandoned for at least ten years according to statements made to City staff by neighbors of the property. There is currently no utility or electric service to the house. The building is in a state of severe disrepair, including a failed roof and exposure of the interior of the house to the elements via holes in the roof. The house is in a condition of dilapidation and potential structural failure. The interior of the house is gutted, including parts of the Miller Unfit Building ring September 18, 2008 Page 10of11 floor, plumbing system, and electrical system. City staff testimony indicates that the magnitude of the repairs necessary to restore this building to compliance with applicable building codes would exceed 50% of the assessed valuation for the building. 2. The corrective action required for the abandoned house, located at 16855 1251" Av SE, is demolition. The property owner is to obtain necessary demolition permits from the City of Renton within 60 days of the issuance of this decision and complete removal of the structure within 90 days of the issuance of this decision. Based upon a decision date of September 18, 2008, the demolition permit must be obtained by the owner on or before November 17, 2008, and the building must be demolished by December 17, 2008. 3. The property owner must pay the City of Renton the fees and costs assessed under RMC 1-3-5.11, which include staff and legal costs associated with this unfit building complaint. The amount now due to the City is $5,361.26, and is itemized as follows: $1,500.00 Per RMC 1-3-5 for Abatement Following the Hearing $ 36.82 Mailing costs and King County fees $ 759.81 Code Compliance Costs S 2,714.63 Police Officer Costs $ 350.00 Attorney Fees $ 5,361.26 Total This amount is to be paid within 90 days of the issuance of this decision. Based upon a decision date of September 18, 2008, these fees and costs must be paid to the City of Renton on or before December 17, 2008. If these fees and costs are not paid to the City by December 17, 2008, they may be assessed by the City of Renton against the real property as a lien. 4. The property is to remain vacated and secured pending demolition of the house. Following demolition of the house the area shall be cleared of all debris and unsuitable fill materials then filled and hydro -seeded or sodded for permanent restoration of the site. If the conditions of this decision are not completed by December 17, 2008, the City of Renton may proceed with abatement of the unlawful condition. An additional fee of $3,000.00 will be assessed at that time. All costs and expenses incurred by the City in the abatement of this unfit building may be assessed against the real property as a lien unless paid. Actual costs shall include, but are not limited to, the costs of staff time, including overhead, contracted engineering fees or consultant fees, costs of demolition, removal and restoration, and any attorneys fees incurred in having the structure declared an unfit building. Miller Unfit Building aring September 18, 2008 Page 11 of 11 6. The owner has the right to appeal this decision to the Citv of Renton Hearin Examiner within 30 days from the date of this decision. Based upon a decision date of September 18, 2008, an appeal must be received by the City Clerk no later than 5:00 p.m. October 18 2008. Such an appeal must be filed in writin with the City Clerk, accompanied by a fling fee of $75.00. The written appeal must set out the reasons the owner believes the findings or order of the Director to be erroneous. Unless the property owner appeals this decision within the 30 days from the date of this decision or complies with this order, the City shall have the power, without further notice or proceedings, to vacate and secure the building and do any act required of the owner in the order of the Director, and to charge any expenses incurred thereby to the owner and assess them against the property. 8. If no appeal is filed, a copy of this order shall be filed with the auditor of King County, Washington, and shall be a final order. ORDERED THIS 18W day of September 2008. NEIL WATTS, DIRECTOR (Parties of Record and attached exhibits may be viewed in the City Clerk's office along with the official decision.) TRANSMITTED THIS 18TH day of September 2008 to the following: Robin D. Miller (Decision sent by Certified Mail and First Class Mail) 1814 SE 21" P1 Renton, WA 98055 Mayor Denis Law David Pargas, Renton Fire Dept. Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, City Council Liaison Kevin Milosevich, Police Chief Charles Karlewicz, Renton Police Dept Alex Pietsch, CED Marty Wine, Assistant CAO Renton Reporter 11i24i0i 02:191,21 C DAVIS 21-162603685 p.01 LAW OFFICES OF KIRK C. DAVIS, PLLC To: Hearing Examiner Mark Barber From. Kirk Davis Date: November 24, 2009 Re: Diane Miller FAX COVER SHEET Fax No.: (425) 430-6523 Fax No.: via email Phone: (206) 684-9339 Number of Pages including Cover: 6 Message: Attached please find the brief of the defendant as requested. Regards, Dirk Davis IMPORTANT: The information contained in this fax is confidential attorney work product and may be privileged from disclosure under the attorney -client privilege. The information is intended only for the named addressee. If you are not the intended recipient or making delivery to the intended recipient, please note that any use, distribution or copying of this fax is strictly prohibited. inadvertent delivery does not waive our privilege against disclosure. If you have received this fax in error, please do not read it and immediately notify us by a collect telephone call to (206) 684-9339, and mail the original to us at the address below. Thank you. LAW OFFICES OF KIRK C. DAVIS, PLI.0 1001 Fourth Avenue, Suite 3200 Seattle, Washington 98154 Phone: (206) 684-9339 Fax: (206) 260-3685 11_124/119 A2:19PM KIRK C DAVIS 2062603685 n2 F CITY OF RENTON, Plaintiff, vs. BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } } No. SR08-0350 OTC C09-0279 BRIEF OF DEFENDANT } DIANE E. MILLER, ) Defendant. ARGUMENT A. The trier offact should consider only admitted evidence. It is a fundamental tenet of the American judicial system that only admitted evidence is considered. Evidence not admitted into a proceeding may not be used to make findings of fact or used to base conclusions of law. It is error to consider evidence that the court either has not admitted or has stricken. State v. Balisok, 123 Wn.2d 114, 118, 866 P.2d 631 (1994). The fact finder may not consider evidence that was not admitted in court. State v. Brown, 139 Wn.2d 20, 24, 983 P.2d 608 (1999), In a civil jury trial, the jurors are instructed as follows: BRIEF OF DEFENDANT - 1 Law Office of Kirk C. Davis, PLLC. 1001 Fourth Ave„ Suite 3200 Seattle, WA 98154 Tel: (206) 684-9339 Far: (M) 260-3685 11,'24/09 02:19PM KIRK C Dk,TIS Z0r,-r-n3685 p.03 1 2 3 4 WPI 1.02. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The evidence that you are to consider during your deliberations consists of the testimony that you have heard from witnesses [and the exhibits that I have admitted] during the trial. If evidence was not admitted or was stricken from the record, then you are not to consider it in reaching your verdict. The Director should not have considered any evidence not admitted. Exhibit 1, which Iwas marked but never admitted into evidence, should not have been considered. As Exhibit 1 was not properly admitted, there was no evidence to show the complaint was personally served as required by RMC 1-3-5(D). The "strict rules of evidence shall not be applied" in hearings before the Director. RMC 1-3-5(F)(2). However, in administrative hearings the rules of evidence do serve as guidelines. State v. Vasquez, 148 Wn. 2d 303, 316, 59 P.3rd 638, (2002). It is certainly proper for the Director to allow reliable hearsay and other types of evidence which may not be admissible in a court hearing, but it is not permissible to consider evidence not even offered as an exhibit. The only evidence the Director had in the City's case in chief was sworn testimony. However, that testimony is also improper and the action should therefore be dismissed. B. Oaths must be administered to each witness individually. "Any party wishing to testify shall be sworn on oath." RMC 1-3-5(F) (2). Furthermore, Hearings before the Director "shall be governed by the civil rules of superior court for the State of Washington." RMC 1-3-5(F)(2). The oaths of witnesses "shall be administered to each witness individually." CR 43(8). The problems with administering the oath en masse, besides the violation of the code, is that it is impossible to tell if the individual witness was in the hearing room at the time of the administration of the oath or to know whether the individual witness acknowledged the oath. BRIEF OF DEFENDANT - 2 Law Office of Kirk C. Davis, PLLC. 1001 Fourth Ave., Suite 1200 Seattle, WA 98154 Tel: (206) 684-9339 Fax: (206) 260-3685 11/24109 02:19pM KIP,P, G DAVIS 2062603685 P.04 1� 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 In this administrative hearing, the witnesses were not individually sworn. Instead, the witnesses were put under oath en masse. This procedure violated the Renton Municipal Code. As a result, none of the testimony taken at the hearing was admissible. C. The procedures before the director violated due process In determining what due process requires in a given context, the Court's decision must ultimately rest on the principle that fair play is the essence of due process. Gal -van v. Press, 74 S.Ct. 737, 742, 347 U.S. 522 (1954). It is a shield against unfair or deceptive treatment of an individual by the government. U.S. v. Romano, 583 F.2d 1 (Is' Cir. 1978). Government actions that are "arbitrary" or "shock the conscience" betray this requirement for fundamental fairness and violate the principles of substantive due process. County of Sacramento v, Lewis, 523 U.S. 833, 846, 118 S.Ct. 1708 (1998); United States v. Salerno, 481 U.S. 739, 746, 107 S.Ct. 2095 (1987). A fair hearing is a basic requirement of due process. State v. Moreno, 147 Wn.2d 500, 507, 58 P.3d 265 (2002). Actual fairness is not enough, however: "procedural due process requires the appearance of fairness and fairness in fact." Westside Hilltop Survival Committee v_ King County, 96 Wn.2d 171, 181, 634 P.2d 862 (1981) (ROSELLINI, Justice concurring). Accordingly, a hearing must "not only [be] fair in substance, but fair in appearance as well." Harris v_ Hornbaker, 98 Wn.2d 650, 658, 658 P.2d 1219 (1983). "This applies to administrative agencies which adjudicate as well as to courts." Withrow v. Larkin, 421 U.S. 35, 46, 95 S.Ct. 1456, 43 L.Ed.2d 712 (1975). The rule is "stringent" and may "bar trial by judges who have no actual bias and who would do their very best to weigh the scales of justice equally between contending parties." Moreno, at 507, quoting In re Murchison, 349 U.S. 133, 136, 75 S.Ct. 623 (1955). BRIEF OF DEFENDANT - 3 Lary Office of Kirk C. Davis, PLLC. 1001 Fourth Ave., suite 3200 Seattle, WA 98154 TO: (246)684-9339 Fax: (206) 200-3685 11124/09 02:19PM F;IPK C DAVIS 206��603685 P.05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 The rule grows out of the maxim that: "[T]o perform its high function in the best way `justice must satisfy the appearance of justice."' In re Murchison, 349 U.S. 133, 136, 75 S.Ct, 1 623 (1955). [T]he evil sought to be remedied lies not only in the elimination of actual bias, prejudice, improper influence or favoritism, but also in the curbing of conditions which, by their very existence, tend to create suspicion, generate misinterpretation, and cast a pall of partiality, impropriety, conflict of interest or prejudgment over the proceedings to which they relate. Harris at 658 (quoting Chrobuck v. Snohomish Cy., 78 Wn.2d 858, 868, 480 P.2d 489 (1971)). Actions carried out by tribunals, which disregard this safeguard "would more appropriately be termed the administration of injustice, and their proceedings would be as shocking to our private sense of justice as they would be injurious to the public interest." Wesiside Hilltop Survival Committee at 181 (ROSELUNI, Justice, concurring and quoting State ex rel. Barnard v. Board of Education, 19 Wn. 8, 52 P. 317 (1898)). Known as the Appearance of Fairness Doctrine, this rule applies "whenever the law requires a hearing of any sort as a condition precedent to the power to proceed." Smith v. Skagit County, 75 Wn.2d 715, 739, 453 P.2d 832 (1969). Its application under Washington law "provides procedural protections beyond the minimum requirements of the federal due process clauses," Washington State Medical Disciplinary Board v. Johnston, 99 Wn.2d 466, 478, 663 P.2d 457 (1983). It dictates that, "proceedings before a quasi-judicial tribunal are valid only if a reasonably prudent and disinterested observer would conclude that all parties obtained a fair, impartial, and neutral hearing." Johnston, 99 Wn.2d at 478. Quasi-judicial administrative decisions that do not satisfy the requirement of Appearance of Fairness will be reversed. Westside Hilltop Survival Committee at 181 (ROSELLINI, Justice concurring). BRIEF OF DEFENDANT - 4 Law Office of Kirk C. Davis, PLLC. 1001 Fourth Ave., suite 3200 Seattle, WA 98154 TO: Q06) 684-9339 Fax: (206) 260-3685 11�' C,19PM F'IRK C DAVIS 20660� A3685 06 2 3 4 5 6 7 8 9 10 11 12 U 14 15 16 17 18 19 20 21 22 23 The hearing, which occurred before the director, will not meet the appearance of fairness doctrine. The failure to admit evidence, which was considered and relied upon for the ultimate decision along with the mass swearing in of witnesses, renders the decision of the director unfair. The procedure violated due process and was in violation of the Renton Municipal Code. CONCL U5ION As there was, essentially no evidence admitted in the City's case in chief, the action must be dismissed. The hearing before the Director violated clue process because of the mass swearing in of witnesses, which meant it was impossible to determine whether testimony was sworn or not sworn and the use of evidence, which had not been admitted. This bearing was about an important right of Diane Miller. The City was requesting to demolish her house. The subject of the hearing was not inconsequential. The procedures afforded Ms. Miller in this hearing were not proper especially in light of the requested action by I the City. Respectfully submitted this 241h day of November, 2009. BRIEF OF DEFENDANT - 5 LAW OFFICE OF, RK. C. DAVIS, PLLC f / Kirk C. Davis, WSBA#21461 Attorney for Defendant Law Office of Kirk C. Davis, PLLC. 1001 Fourth Ave., Suite 3200 Seattle, WA 98154 Tel: (206) 684-9339Fax: (206) 260-3695 2 3 4 5 6 7 a 9 lc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BEFORE THE HEARING EXAMINER CITY OF RENTON, WASHINGTON CITY OF RENTON, a Washington municipality, Plaintiff, vs. DIANE MILLER, Defendant. RE1.¢F_ NOW 2 4 2009 CITY OFHEARING 4. RENTON'S BRIEF RE OATHS AND INTRODUCTION OF EXHIBITS I. AUTHORITY AND ARGUMENT 1. If a court inadvertently fails to administer an oath and the opposing party fails to object and request that the oath be administered, is the error waived? RMC 1-3-5F.2 states in part as follows: "The director shall conduct an administrative hearing. The hearing shall be governed by the civil rules of superior court for the state of Washington, but the strict rules of evidence shall not be applied." This language has raised an issue of whether witnesses at an Renton's Brief — Page 1 Renton City Attorney ¢ 100S2"dSt # ♦ PO Box 626 „u Renton, WA 98057-0626 Phone: 425.255.8678 �N�O Fax: 425.255.5474 2 3 4 5 6 7 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 administrative hearing must be sworn individually as opposed to en mass. CR 43(d) states that °[t]he oaths of all witnesses in the superior court (A) shall be administered by the judge; (B) shall be administered to each witness individually; and (C) the witness shall stand while the oath is administered." A reading of CR 43 indicates that it speaks to oaths administered in the superior court, not in administrative hearings. Further, it refers to oaths given by judges, not by an administrative hearings officer. A strong argument may be made that CR 43 is not applicable to administrative hearings, but is limited to actions brought in superior court. A review of the transcript of the digitally recorded proceedings before ! Director, Neil Watts, reveals that the defendant did not object to the oath administered en mass by the Director prior to commencement of the hearing.' Defendant's failure to object in a timely manner to permit the Director to correct any inadvertent error in failing to administer an oath individually, is a waiver of any claimed error. See, Vol. 5A, Washington Law and Practice, § 603.1, pp.359-360.2 1 See, Transcript of Digitally Recorded Proceedings 6/18/2009, pp. 4,9,34,40, 46,47,49,65, and 90. z "If the court inadvertently fails to administer an oath, the opposing par-y should object and request that the oath be administered. In the absence of such an objection, the error is waived." Id. at 359-360. See also, State V. Brown, 31 Wn.2d 475, 197 P.2d 590 (1948; State v. Munnis, 130 N.Ii. 641, 546 A.2d 1060 (1988). Renton's Brief — Page 2 Y Renton City Attorney 100 S 2n° St Box � .,u ♦ Renton, WA 98057-0626 Phone. 426.255.8678 � N �Q Fax., 425.255.5474 1 2 4 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. In an administrative hearing, may the hearing officer review the case file and the documents therein? RMC 1-3-5F.2 states in part that "the strict rules of evidence shall not be applied" in hearings on unfit dwellings, buildings and structures. Before the close of the hearing, all exhibits were offered by the City. The admission of evidentiary exhibits is governed by the Evidence Rules. In administrative proceedings, hearsay evidence is commonly submitted and is admissible, where such evidence would be excluded in superior court. Exhibit 1 constituted the "Director's File" in the proceeding involving Diane Miller. This administrative file is analogous to a court file. Filings of declarations, affidavits, pleadings and other documents and exhibits make up the file. In superior court, a judge may take judicial notice of the contents of the court file. See, ER 201(b)(2) and (c). From Renton's perspective, it was probably not necessary to even "offer" the Director's File into evidence. SUBMITTED this 241" day of November, 2009. Renton's Brief — Page 3 LAWRENCE J. WARREN Renton City Attorney By: _/s/ Mark Barber, WSBA No. 8379 Sr. Assistant City Attorney Renton City Attorney 100 S 2n° St Box ♦ Renton, WA 98057-0626 Phone: 425.266.8678 Nr�`Q Fax: 425.255.5474 6/18/2009 Transcript of Digitally Recorded Proceedings UNFIT DWELLINGS, BUILDINGS AND STRUCTURES HEARING BEFORE THE DIRECTOR CITY OF RENTON ORIGINAL CITY OF RENTON, ) Plaintiff, ) Vs. } DIANE MILLER, } } Defendant. } } TRANSCRIPT OF DIGITALLY RECORDED PROCEEDINGS BEFORE DIRECTOR NEIL WATTS JUNE 18, 2009 APPEARANCES For CITY OF RENTON: MARK BARBER, City Attorney For DIANE MILLER: KIRK DAVIS, Attorney at Law Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings THE DIRECTOR: Good afternoon, everyone. I'd. like to call to order the June 18, 2009 unfit building hearing regarding the building located at 16855 125th Southeast. My name is Neil watts, and I am director of Development Services for the City of Renton and the designated official for presiding over this hearing today. Seated in front of me is Clarice Martin who will be recording this hearing today. The purpose of today's meeting is to hold a public hearing on the official complaint filed on this structure pursuant to ordinance No. 5221. This hearing constitutes the only public hearing on this matter unless the hearing is continued. An appeal to the hearing examiner will only allow review of the evidence and testimony submitted today with some minor exceptions. A written decision containing findings and conclusions will be issued within ten days of today's hearing. This decision will be final unless appealed to the hearing examiner within 30 days. An appeal to the hearing examiner of my decision will only allow review of the evidence and testimony submitted today with some minor exceptions. Further information on the appeal procedure will be contained in the director's decision. You may also call the city clerk's office for further information about O Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.corn 6/18/2009 Transcript of Digitally Recorded Proceedings those procedures. Copies of the decision from this hearing will be sent to all parties of record. That is, anyone who testifies will be sent a copy. Anyone else who doesn't wish to testify, but wants to receive a copy, if you would sign in on the sign-up sheet with your address, we will make sure that you also get a copy of the decision. The hearing procedure we will follow is as follows: I will begin the hearing by asking all parties who wish to testify, including staff, to take an affirmation. The unfit building complaint information will be presented by City staff along with any supporting evidence. The property owner or representatives will then be provided an opportunity to testify. Any parties in support of the unfit building complaint will provide testimony. Any parties in opposition to the complaint will provide testimony. Parties may rebut previous testimony or ask questions. I may then ask questions at that time. City staff will then be asked for further comments and their final recommendations. I will either close the hearing or continue it to a time and date certain. This hearing is recorded, so we ask each party to please step up to the podium. Use the microphone, state your full name, spell your last name and give your 3 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mailing address and zip code. If you speak again or ask questions later, again, we'd ask you to identify yourself by name so that we can pick that up in the transcript. This is an administrative hearing so we do not follow -- we do not use strict rules of evidence. But anything you say must be relevant. Please avoid repetitious testimony. If someone else has made the point that you are going to make, it is unnecessary to repeat it. At this time, I ask all parties who wish to testify to raise their right hand and take the following affirmation. Do you and each of you affirm the facts you are about to give in the matter now heard are the truth? If so, answer "I do." MALE SPEAKER: I do. FEMALE SPEAKER: I do. THE DIRECTOR: Thank you. At this time, we do have a request from Mr. Miller's attorney for a continuance. We received this yesterday. I called and left a message, and saying based on the information provided, we were going to at least start the hearing and have the hearing. But I'm willing, at this point, to listen to any further information or reasons why we should continue this hearing at this time before we M Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 proceed. MR. DAVIS: Thank you very much. Good afternoon. My name is Kirk Davis. Present in court, or hearing room, to my left is Mr. Miller. I'm not sure how to address you. Is it "Your Honor" or "Hearing Examiner," "Mr. Watts" or -- THE DIRECTOR: Director, I guess, or Mr. Watts -- MR. DAVIS: Director? THE DIRECTOR: -- or Neil is fine. We're somewhat informal. MALE SPEAKER: (Unintelligible) microphone? MR. DAVIS: We do -- THE DIRECTOR: Yeah, could you maybe -- I'm not sure if you have a microphone there or -- MR. DAVIS: Are these amplifying or just recording microphones? THE DIRECTOR: I think they're both. Mine's amplified. I know there's an "on/off" on it, so they should be -- should be on. FEMALE SPEAKER: It's on. MR. DAVIS: Gotcha. I've been informed that it might work better if I sit down, so I'll do that. THE DIRECTOR: Okay. MR. DAVIS: We are requesting a continuance. 51 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr. Miller -- well, Ms. Miller, actually, in this case, Diane Miller, just retained me this week. And, um, I've had a chance to just look at the complaint and some of the surrounding codes, the Renton Municipal Code. But we have had not had a chance to formulate a written response and answer to the complaint. Ms. Miller was previously represented by an attorney by the name of Raymond Aharkay (phonetic spelling). And I did obtain a declaration from him about his efforts on behalf of Ms. Miller. He indicated, in his declaration, that he has attempted to make contact with the City of Renton in regards to an order to correct that was previously issued by the department and has not received any kind of response from the department. Mr. Aharkay was Ms. Miller's attorney in a criminal proceeding which was dismissed by a judge in Renton Municipal Court. 5o we are asking for additional time to be able to present a proper case before you, Mr. Watts. THE DIRECTOR: Okay. Thank you. Mr. Barber, do you care to respond for the City? MR. BARBER: Yes. First of all, the City opposes the motion for continuance on the grounds that Diane Miller had received sufficient and requisite legal 6 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 notice required under the Renton Municipal Code, that this is not anything new to either Mr. or Mrs. Miller, that they are aware of the City's concerns about this dwelling that the City contends is unfit, and it should be demolished. Waiting until the day before this hearing to secure legal counsel is not the City's doing. And whether or not Mr. Davis has had sufficient time to prepare should have been factored into the decision as to whether or not to undertake the representation of Diane Miller at this hearing. So the City opposes this continuance simply as a -- to oppose the fact that it simply drags this proceeding out even further and further. So that's the City's position. We oppose it. THE DIRECTOR: Thank you. Based on the information that was provided, which was largely what was provided to me yesterday, I do not see sufficient grounds to continue this case. This hearing was well notified. It involves a lot of people from the public as well as substantial city staff. The applicant's decision to hire an attorney at a late date really isn't relevant to the timing of the hearing. And we feel we've given -- feel that we've given sufficient notice. And as long as we have met the timeframes for notice of this hearing, the hearing shall 7 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 proceed at this time as scheduled. At this time, I call upon the City to present its case regarding the unfit building complaint. MR. BARBER: Mr. Director, before we commence with the hearing, the City would like to inquire whether or not Diane Miller is present in the room here today. THE DIRECTOR: Does not appear that there is an answer to that. MR. BARBER: May we have a response from counsel for Mrs. Miller? MR. DAVIS: I am not going to be responding to questions from counsel. THE DIRECTOR: So noted. At this point, there has been no one here identifying themselves as Diane Miller. MR. BARBER: Would the Director please inquire of the audience that's here whether or not Diane Miller is in the audience -- THE DIRECTOR: Yes, that's a good question. MR. BARBER: -- so that it can be clear for the record. THE DIRECTOR: Yes. To clarity the record, is Diane Miller present at this hearing at this point? Seeing no response, I enter that into the record. Thank you. M Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BARBER: With the director's permission, the City would now commence with its -- its case in this administrative hearing. THE DIRECTOR: Yes. Please proceed. MR. BARBER: First witness the City will call will be Code Compliance Inspector Marilyn Kamcheff. Q. Ms. Kamcheff, you've already been sworn and placed under oath; is that correct? A. Yes. Q. And your position with the City of Renton is what? A. I am a code compliance inspector. FEMALE SPEAKER: (Unintelligible) spell your name. THE DIRECTOR: Please do so. Please spell your name. THE WITNESS: It's Marilyn Kamcheff, M-a-r-i-l-y-n K-a-m-c-h-e-f-f. BY MR. BARBER: Q. Have you been to the property that's at issue in this administrative hearing? A. Yes, I have. Q. And do you recall when the first time was that you were at this property at the location of 16855 125th Avenue Southeast In Renton? 0I Watidns Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It was March of 2008. Q. And what -- what brought you there at that time? A. At that time, I received a complaint through our code enforcement line. And I would -- and this was assigned to me. And I went out to investigate the complaint. Q. What was the nature of the complaint? A. That the property was a mess, and the house was falling down. And the neighbors were very unhappy because it was -- MR. DAVIS: Objection, hearsay. THE WITNESS: (Unintelligible.) THE DIRECTOR: Motion denied. THE WITNESS: Would you like me to read off the original service request? THE DIRECTOR: No. Please continue to testify. BY MR. BARBER: Q. Just continue (unintelligible). A. The neighbors -- the neighbors were concerned because the house was a mess. And I went out to investigate. Q. And at that time, in March of 2008, what did you find? A. I found a house that was in considerable 10 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 disrepair. There was boarded -up windows. There was broken gutters. There was canvases over the roof with some rafters broken away and showing. It's like there was a sagging in the roof area between windows. Q. Did you prepare any documentation in connection with this initial appearance that you made at the property at issue? A. Yes. 1 sent an Order to Correct to Robin Miller who was listed as the owner with the King County records. Q. And in the Order to Correct, not to make this a memory contest, but do you recall what you addressed in the Order to Correct that was sent to Mr. Miller? A. Yes. I addressed the unfit building, and also there was an issue of a trailer, a very dilapidated trailer that was on the property. Q. To your knowledge, is that dilapidated trailer still on the property? A. No. The trailer has been removed. Q. Now, again, do you recall approximately when the next time was that you were on or near the property, z should say, at 16855 125th Avenue Southeast? A. After the initial Order to Correct went out, there was a compliance date, and he was allowed 30 days on the compliance date. A reinspection was conducted 11 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 2 probably one or two days after the compliance date, and that would have been around the 12th of or 14th of April 31 of 2008. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Q. So the record is clear, when you were out at the property at these times, did you make these observations from a public right of way? A. Yes, I did. Q. Now, I know we're going back over a lot of history, but what happened after your next visit to the property at issue? A. Our standard procedure, if there is no compliance, is that we allow the property owner another chance to respond to us. We had no response from Mr. Miller or Mrs. Miller. And so I sent out a letter advising them that they -- and including the original Order to Correct with that second letter and advising they had 15 days to bring the property into compliance. Q. Did that occur? A. No. Q. What happened next? A. Mr. Miller came to the office and said that he 22 was -- 23 24 25 and -- MR. DAVIS: Objection. THE WITNESS: Mr. Miller came into the office 12 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DAVIS: Objection, hearsay and relevance. THE DIRECTOR: Please proceed. MR. DAVIS: This proceeding is not regards to -- THE DIRECTOR: This is not a -- MR. DAVIS: -- Mr. Miller. It's -- THE DIRECTOR: This is an administrative hearing, so please. Please continue. MR. DAVIS: It's not relevant to this -- THE DIRECTOR: I will determine the relevancy. Please continue testifying. MR. DAVIS: What -- THE WITNESS: Mr. Miller came in. And we met and discussed the violations at his property. BY MR. BARBER: Q. Now, I take it that Diane Miller was not present during this meeting. A. No. When I searched records, I did not see Diane Miner's naive listed. And I only addressed the complaint to Robin D. Miller, as was listed in the county records and the city records that I -- I researched. Q. So you spoke with Mr. Miller about issues relating to this subject property? A. Correct. 13 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 16 17 18 19 20 21 22 23 24 25 Q. What happened next? A. After our meeting, I sent Mr. Miller a detailed letter that recapped what we had talked about. And I sent that Delivery Confirmation. Q. Now, after this letter was sent, after your meeting with Mr. Miller, what happened next with regard to the subject property? A. After we have exhausted all possibilities, then we write up what we call a case report. It's a narrative of the actions that we have taken. And it is turned over to the police department for citations. Q. Now, did you have occasion to ever enter onto the property which is the subject of this administrative hearing? A. Yes. Q. And when was that? A. August the 7th -- Q. And -- A. -- 2008. Q. And what was that in connection with? A. That was a search warrant that was initiated by our police department. And I was -- I went into the interior of the house to check for the deterioration. Q. At that time, did you take photographs? A. I did. MC! Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And have those photographs been made part of the previous administrative record .relating to the administrative hearing for Mr. Robin Miller? A. Yes, they have. Q. Now, after this proceeding occurred, and you took the pictures -- A. Uh-huh. Q. -- at the time of the search warrant, what did you do next with regard to the subject property? A. I believe that I -- I believe we moved forward to have a public hearing. I -- I'm not sure of the sequence because there's been a lot of paperwork on this property. Q. And when you talk about a public hearing, are you talking about an unfit dwellings, buildings and structures hearing before the Director? A. Yes. Q. And that was the one involving Robin Miller; is that correct? A. That is correct. Q. And to your recollection, did you encounter Diane Miller at any time with regard to that hearing? A. No, I did not. Q. Were you aware, at that time, that Diane Miller also had an ownership interest in this subject property? 15 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No, I was not. Q. At some point in time after the administrative hearing where Robin Miller appeared, did you become aware that there was another owner, his spouse, Diane Miller, for this property? A. It was after -- after she had been issued a citation, and the judge dismissed it because she hadn't been (unintelligible) due process. So it was after -- after the hearing, this hearing and the appeal hearing. And it was then when it was the citation process. Q. And are you referring to the process in Renton Municipal Court? A. Yes. Q. Following the dismissal of the charge against Diane Miller in Renton Municipal Court, did you do anything? A. Yes. 1 -- I followed the procedure to allow -- to notify her that this was an issue and a problem by sending her an additional Order to Correct. Q. And in the Order to Correct, did you line out what was required of her with regard to the subject property? A. Yes. It's exactly the same Order to Correct that Mr. Miller got. Q. How long was she given to respond to the Order 16 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to Correct? A. 30 days. Q. And do you recall approximately when the Order to Correct was issued to her? A. April 14th, 2009. Q. Could you describe for the Director how this was issued to Diane Miller? A. This was sent by Delivery Confirmation. And I believe it was also served to her personally by James Gould (phonetic spelling), our police department liaison. Q. And James Gould is an officer with Renton Police Department? A. Yes. I'm not sure that this -- it was, but I believe it -- I believe it was. We also posted it on the house. Q. And when you say you posted it on the house, the Order to Correct was posted on the subject property at issue? A. That's correct. Q. And who did that posting? A. I did. Q. And do you recall approximately when it was that you posted the property? A. It would have been on or around April 14th, 17 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 1 2009. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. What occurred, if anything, with regard to the subject property in the 30 days after this notice was sent to Mrs. Miller, served on her and posted on the property? A. Approximately two weeks after the Order to Correct went out there, I had a phone message from a lawyer who wanted to know what to do with the Order to Correct. And I did not respond because I felt like the Order to Correct was self-explanatory. Q. With regard to the time after this, have you been back at all to the subject property? A. I drive by the property frequently because that's my area of investigation. And I was at the property this morning and took photographs. Q. And with regard to the photographs that you took of the property, have those been provided to the Director, a copy? A. Yes, they have. MR. BARBER: And the record should reflect that the City has a copy of these photos and has provided a copy to Mr. Davis as well, the attorney for Mrs. Miller. Q. Now, with regard to the photographs that you took this morning, June 18, 2009, of the subject property, and thinking back to when you first observed 18 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.cotn 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this property over a year and three months ago, is there any particular discernible difference with regard to this structure? A. It appears to me that there's been more deterioration. There's vegetation going through the roof that wasn't the first time I was out there. And the canvases have deteriorated to the point where they are practically nonexistent. There is a number of, looks like, visible gaps in the sheeting on the roof. Q. Now, when you took these photos this morning, on June 18, 2009, where did you take these photos from? A. From the -- from the road, a public roadway. Q. And I take it that you did not enter the premises at issue? A. I did not. MR. BARBER: May I have a moment, Mr. Director? THE DIRECTOR: Yes. Q. With regard to the documents that you have prepared in connection with this subject property, has a file of that been provided to the Director? A. Yes. MR. BARBER: City would request that that file be denominated as exhibit 1. Q. With regard to the photographs that you took Im Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 this morning, have those been provided within the file? A. Yes. They were given to the administrator. MR. BARBER: So the photos that were taken June 18, 2009, this morning, Mr. Director, should be found within Exhibit 1, the file in this matter. THE DIRECTOR: Okay. MR. BARBER: Prior to the hearing, counsel for Mrs. Miller provided me with photocopies of what appear to be some digital photographs, ostensibly of the premises at issue in this hearing that seem to indicate that there had been some work done on the interior of the property. City would like to have this marked as Exhibit 2. THE DIRECTOR: Okay. MR. BARBER: And I don't know if the Director has received a copy of this, but if not, I would like to hand my copy to Clarice to have her identify this as Exhibit 2. THE DIRECTOR: Thank you. Yes, I have not received a copy of that. MR. BARBER: And we may need that for just a moment before we can go on. THE DIRECTOR: You want to give it back to him? Thank you. 25 BY MR. BARBER: 20 Watkins Court Reporters - Seattle, Washington 206-622-4044 w-ww.watkinsreporters.com 6/18/2OO9 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. You had indicated you had taken pictures before, in August of 2008, when you entered the premises pursuant to a search warrant? A. That's correct. Q. And looking at those photographs, and then looking at what has been marked as Exhibit 2 for the City, do you see any discernible differences with regard between the two sets of photographs? A. Yes. It appears that there's been some shoring up of the -- of the roof with the timbers, looks like 4-by-4s maybe. And looks like there's been a new electrical box installed. I don't remember those things there. It looks like there's been some floor joists added. As of this morning, there has been no building permits taken out of this house that are required for any kind of material work like this. Q. But this does appear to be a difference to the inside of this particular dwelling from when you were inside the property under a search warrant in August of 2008? A. Yes. MR. BARBER: The City has nothing further for Mrs. Kamcheff. THE DIRECTOR: Do you wish to ask any questions of the witness at this time? 21 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/1.8/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DAVIS: Thank vou, Mr. Watts. Q. Ms. Kamcheff, so you did receive phone calls from Mr. Aharkay; is that correct? A. I received one phone call from him and one from a woman who identified herself as his legal assistant. Q. And you did not return either of those phone calls, correct? A. I did not. I wasn't in the office when -- at one point when one of them came. I was on vacation. Q. And you also received a letter from Mr. Aharkay; is that correct? A. I did receive a letter about ten days after it was sent. It was sent to the lawyer's office, not to me. And so I didn't see it until it was perhaps ten days old. MR. DAVIS: I'd like to ask this be marked as Exhibit 3 for identification. Q. Ms. Kamcheff, showing you what's been marked as Exhibit No. 3 for identification, does that look familiar? A. Yes. I have it right here in front of me. Q. And is that the letter that you received, a copy of that? A. This one, I received on May 1st. The one marked April 24th, I didn't receive that till May 1st. 22 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2OO9 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 19 19 24 21 22 23 24 25 Q. I guess I'm asking about Exhibit No. 3. A. Well, Exhibit 3 is twofold. I think there's two pages here, but -- this one, I recognize the back page. I do not (unintelligible). Q. The first page, correct? A. I do have that in front of me. Q. You received that; is that correct? A. I did, right. I did. MR. BARBER: Move to admit Exhibit No. 3 into evidence. Q. Now, you ignored that letter, correct? A. I did not respond to that letter. Q. You did not respond to that letter, and you did not respond to the phone calls from Mr. Aharkay's office; is that correct? A. That's correct. Q. Now, the -- the Order to Correct addressed to Ms. Miller, how was that delivered? A. It was delivered by confirmation, Delivery Confirmation. Q. And the complaint, how was that delivered? A. The -- for this hearing? Q. That's correct. A. That was delivered by -- let me see. It was delivered by post office, First Class post office. 23 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 First Class mail. It was sent by regular mail. It waE posted on the house, and it was sent by Certified mail. Q. Who posted it on the house? A. I -- I erroneously said that I did. I did not do it. It was another code compliance inspector, that was Donna Locher, who posted it that day. Q. How do you know that? A. Because I have an affidavit of service that she prepared for me after she posted it. Q. The search warrant that you spoke of, you did not obtain that from the judge; is that correct? A. I did not. Q. And are you a police officer? A. I am not. Q. Have you ever gone on a search warrant before? A. I have not, not until this time. Q. Are you aware of any particular powers that you have to assist on execution of a search warrant, as you're not a police officer? A. I was invited along because this was my code compliance case. And I worked in conjunction with the police department because our codes are criminal. Q. Who invited you? A. The police officer that issued a ticket, I believe it would be James Gould. 24 Watkins Court Reporters -Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. But you did not have authority from the Court, other than the search warrant obtained by the officer, to enter the premises; is that correct? MR. BARBER: Objection, that calls for a legal conclusion that this witness is not qualified to make. THE DIRECTOR: I agree. BY MR. DAVIS: Q. And when was the property posted with the complaint? A. I would have to look. I don't know off hand, but it would have been after May 15th. My records show that it was posted on May the 26th at 10:21 a.m. Q. And when was the complaint issued? A. The Order to Correct or the hearing -- Q. The complaint. A. -- notice? Q. The complaint, Ms. Kamcheff, When was the complaint issued? A. When was it issued? I would have to look. It was issued on May 26th, 2009. Q. Now, Ms. Kamcheff, are you aware the property being posted with the Order to Correct as well? A. I'm sorry. Would you repeat that? Q. Certainly. Are you aware of the property being posted with the Order to Correct as well? 25 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. I believe I -- T believe it was me that posted the Order to Correct. Q. And when was that done? A. On or around the 14th of April to the best of my -- Q. And what did that Order to Correct request? A. That the building be brought into compliance within 90 days. Q. And what -- was there a specification as to what "bringing into compliance" meant? A. It's in the Order to Correct. Q. I don't happen to have that, so I don't know. I'm asking you. A. Okay. Let me read directly from the Order to Correct. "Within 30 days, you are required to submit approved building plans for the repair of the dwelling unit. Within 90 days from the date plans are approved, construction and required inspections shall be completed and approved or apply for a demolition permit to remove the structure." MALE SPEAKER: Pretty clear. BY MR. DAVIS: Q. Where was the Order to Correct posted on the property? A. To the left of the front door. 26 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Now, I've been provided with some pictures by the City. I'm not sure what -- A. Those pictures that you have were taken this morning. Q. I'm not sure what numbers these -- these are marked as. But maybe you can help us. But the first page that T have -- A. The lower left corner. Q. -- in the lower left corner -- A. There is a placard, a red placard. Q. Yes. A. That was posted by the fire department to -- to alert any firemen that should be involved in a fire that the building -- that it was unsafe to enter. And the Unfit Building Affidavit was posted on that. The Order to Correct was posted to the left of the door. And it was removed almost immediately by persons unknown. Q. So on page No. 2 of the photographs -- A. Yes. Q. -- in the upper righthand corner -- A. Mm-hmm. Q. -- we can see a placard? A. That's correct. That's the fire department placard. Q. So the building is currently not posted with 27 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 either the Order to Correct or the complaint; is that correct? A. The complaint is -- appears the complaint is still there. It's on the fire department placard. Q. Okay. A. The Order to Correct was removed by persons unknown almost immediately. THE DIRECTOR: Can we interrupt for a second? I'd just ask a question for the City Attorney. This questioning on the Order to Correct, is there anyplace in our City regulations related to other fit building things that specify any requirements for Order to Correct or procedures for Order to Correct relative to this particular complaint and action? MR. BARBER: I'm not sure if I totally understand your question. With regard to the -- THE DIRECTOR: I'm not sure -- there seems to be a lot of questioning here about procedures followed with Orders -- Order to Correct. And yet, being fairly familiar with this particular ordinance that we are facing this complaint on, I see no discussion in the Code relative to Orders to Correct or how they -- that they need to be issued, where they need to be issued. MR. BARBER: You are correct. THE DIRECTOR: Okay. 28 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.eom 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BARBER: The Order to Correct is found in RMC 13-3. And then the other issue regarding RMC 13-5, 1 think what we're really talking here is that the complaint is under RMC 13-5. THE DIRECTOR: Okay. Thank you. MR. BARBER: Under RMC 13-3, that would be related to nuisances. THE DIRECTOR: Okay. Thank you. BY MR. DAVIS: Q. Now, I have another copy of the photographs, although this has already been marked. (Unintelligible) another copy. And I'm referring to Exhibit No. 2 now. Ms. Kamcheff, do you have those in front of you --- A. I do. Q. -- Exhibit No. 2? A. I do. Q. And are you positive that when you went into the promises on -- during the search of the premises with the warrant, that these repairs had not already been made at that time? A. The only new repair that I saw, and I am positive of that, is there was a U-shaped bracing in front of where the front door entrance was that appeared to be supporting the roof. The other studs throughout the house were in more of a weathered condition. And I 29 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2 23 24 25 concentrated on taking pictures of the dry rot and the missing floor and the missing plumbing. Q. So it's possible that some of this may have escaped your attention being so focused on the other problems with the property; is that correct? MR. BARBER: Objection, that calls -- objection, that calls for this witness to speculate on what may or may not have been present at that time. She visited the property obviously in 2008. THE DIRECTOR: I agree. MR. DAVIS: With all due respect, it hardly calls for speculation. She was at the property, Your Honor. We merely are asking whether it's possible she missed some of this work. It's hardly -- hardly asking her to speculate on anything. THE DIRECTOR: I will allow your speculation to go on the record but not require the witness to speculate. I mean, it sounds like -- I mean, that's what you are exactly doing here. You're speculating. It may be a fair -- asking --- MR. DAVIS: No, Your Honor. I'm merely THE DIRECTOR: -- expression or not. MR. DAVIS: -- the question as to what she may or may not have seen had she been not distracted with 30 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsteporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 her work that she was doing. THE DIRECTOR: I still -- I agree with the objection. Please proceed. BY MR. DAVIS: Q. Would -- if another witness had previously testified, Ms. Kamcheff, that these repairs had been done at the time of the search warrant, how would you characterize that testimony? MR. BARBER: Objection, requires this witness to comment on hypothetical testimony that, as far as we know, has not been presented in any form. MR. DAVIS: Well, that's incorrect. It's an offer of -- THE DIRECTOR: I agree. If such testimony is going to be provided, it can be provided into the evidence, but I don't think it's necessary or helpful to have cross -arguments between testimony. MR. DAVIS: Well -- THE DIRECTOR: It certainly may be conflicting testimony for events that occurred in the past. MR. DAVIS: As an offer of proof, we would indicate that at the previous hearing in the criminal proceeding, that a witness from the City testified that these pictures -- that the progress shown in these pictures had been made at the time of the service of the 31 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsteporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 search warrant. So that is the -- that is why we are asking these questions. May I proceed? THE DIRECTOR: Yes, you may proceed. BY MR. DAVIS: Q. So Ms. Kamcheff, how would you characterize a witness's statement that these materials and progress --- THE DIRECTOR: No, you may not proceed on that basis. You may proceed with asking questions, but not questions about responses about hypothetical testimony that hasn't been offered yet. Now, the witness will be available for the whole hearing, and if when such testimony is provided, then it would certainly be appropriate at that time to ask these questions. But it's getting a little far afield with the hypothetical setup here. MR. DAVIS: Well, if the Court won't let me ask her what she may or may not have seen, I don't know how else I can -- THE DIRECTOR: You can ask her what she saw. MR. DAVIS: -- ask questions. THE DIRECTOR: You can ask to clarify what she saw. MR. DAVIS: Very good. THE DIRECTOR: But the degree of specuiation upon how her memory might work or how she might have 32 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 been distracted seems a little far afield. MR. DAVIS: Well, we would suggest that when a witness testifies, that the memory is probably the most important thing to be talked about. Certainly in terms of cross-examination of a witness, that is highly relevant. If this witness is unable to recall the condition of the premises which is, we submit, the key -- THE DIRECTOR: And we understand that -- MR. DAVIS: -- factor. THE DIRECTOR: -- and give it -- give it the weighting that it needs to be given. However, that's not the only evidence provided here. And since the picture is given today, it's a little hard to dispute. But it is granted these events that happened in the past, and memories are memories. MR. DAVIS: Thank you. THE DIRECTOR: Yeah. MR. DAVIS: I don't believe I have any other questions at this time for Ms. Kamcheff. Thank you. THE DIRECTOR: Thank you. MR. BARBER: I have one, Mr. Director. THE DIRECTOR: Yes. MR. BARBER: City has no further questions for 25 1 Ms. Kamcheff. 33 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreportets.corn 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE DIRECTOR: Okay. Would you please stay for the rest of the hearing? THE WITNESS: Yes. THE DIRECTOR: We may have further questions for you later. Does the City have further testimony? MR. BARBER: Yes. City would like to call, at this time, Building Official Larry Meckling. Q. Would you please state your name and job title for the record, please? A. Larry Meckling, M-e-c-k-l-i-n-g, City of Renton building official (unintelligible) services division. Q. Mr. Meckling, with regard to the subject property at issue, have you been to the general location of that dwelling before? A. On one occasion, that would be August 7th of '08. Q. And why was it that you came to the location of the subject structure? A. At the request of the code compliance inspector and the police, based on the search warrant. Q. And did you, at that time, under the authority of the police officer on a warrant, enter the building at issue? A. Yes, I did. 34 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0 21 22 23 24 25 Q. And do you recall what you observed at that time on the inside of the structure in August of 2008? A. I saw a structure that was more dilapidated than these recent pictures that I see right here. The exterior supporting walls and supporting floor system and roof system were all in either deterioration, rotted, missing or collapsed. There was a couple minor alterations at that time. I think it was a floor joist that I saw. The ceiling and roof supports that are in the pictures we received today were not there. I didn't see any new timbers like this, studs. And I did -- or they were there, they were on the interior non -bearing portions which really doesn't stabilize the structure anyway. Q. And, Mr. Meckling, are you referring to what's been offered by the City as its Exhibit No. 2, the photographs prepared (unintelligible)? A. Yes. Q. Do you recall, at the time that you entered the structure in August 2008, whether or not you formed an opinion as to whether or not it could be rehabilitated in (unintelligible) manner? A. My opinion, it could not without totally demolishing the wood structure. There may be some salvageable portions of the foundation which looked to 35 Watkins Court Reporters - Seattle, Washington 206-622-4044 w w.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be intact. It had a strange floor system which pocketed the floor joists into the foundation which was done years and years ago. That type of construction you don't see it today. But it could be done the same way with that foundation if it was approved by a structural engineer to support the loads intended. Q. To your knowledge, as the City's building official, has Diane Miller, or any other property owner with regard to this property, come to the City with proposed building plans to obtain the necessary building permits to repair, or I show say rehabilitate, this structure at issue in this hearing? A. No. There's been no application for permits for any of their work. If this work was done, it would have required a permit anyway with review and obviously, it would have never passed our plan review. Q. And do you have any recollection as to whether or not there --- looking at what is Exhibit 2, there appears to be, in the lower righthand corner on the first page, an electrical box. Is that what it appears to be to you? A. Yes. Q. Do you recall seeing that in August of 2008? A. There was a panel of some sort there. I don't recall the exact dimensions, but it was not operable. 36 Watkins Court Reporters - Seattle, Washington 206-622-4044 wvwv.watkinsreporters .corn 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 It had a boot -legged wire into it that was run to a -- so I was told, to a generator on the outside of the building for lighting, to do some work in there. Q. So you don't have a recollection as to whether or not that was there. But with regard to what appears to be newer support beams on bracing and also with regard to what appear to be newer joists on the floor, do you recall those having been present? A. I do recall at least one floor joist. That's how I noticed how they were pocketed in the foundation. I don't know that they were protected from -- there is requirements for clearances between wood and concrete, in that packet specially. It either has to be on treated timber or protected from the concrete some some way. And that's why I noticed there was at least one of those that would have been prior to August. Q. So let me cut to the chase. A property owner that has this type of a structure as the one that's at issue in this hearing, in order to effect the necessary repairs of rehabilitation of this structure, would have to come to the City, present a proposed building plan and obtain necessary building permits prior to commencing work; is that correct? A. That is correct. Q. And to your knowledge, was that done for this 37 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 particular structure? A. No. MR. BARBER: Nothing further. THE DIRECTOR: Thank you. Cross-examination? MR. DAVIS: Just a minute. Q. Mr. Meckling, are you looking at Exhibit No. 2? It's the photographs there (unintelligible). A. No. 2 here? Yes. Q. Okay. Does this look familiar? Do any of these look familiar, particularly the first two pages, look familiar to you at all? A. The only thing that really looks familiar to me is, I do recall one of the floor joists being replaced, and there was a big open space there where there was nothing. The bracing that's on page 1, don't recall seeing any of that, nor do I recall seeing new studs in the interior. These may have been cleaned or -- or shown under extreme light to look newer. But no, I did see a pile of lumber there on the interior. I can't remember if it was --- yeah, I think it was inside. Q. Is it fair to say this has been almost a year since you went into the property, right? A. Right. Q. So it's possible that these repairs, which are shown in the photographs, existed at the time that you 38 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 went in; that is right? A. No, I don't think so. Q. But there were some repairs that were underway; is that correct? A. There was an effort, yes. Q. How long were you in the house? A. Well, maximum, an hour. Q. Did you take photographs? A. No, I did not. Q. Did you take notes? A. Did I take what? Q. Notes? A. No. Q. So at this point, you're relying upon your memory from almost a year ago? A. No. I had Ms. Kamcheff take the pictures that I thought were appropriate. Q. And do any of those photographs -- are they taken at the same angle of the photographs that you have in Exhibit No. 2? A. It's pretty hard to say if they're the same angle. On Exhibit 2, you just show partial studs. You don't show the top or the bottom, so I can't tell, you know, where it is. Q. So it would be fair to say that you don't know 39 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 whether or not you've got photographs taken from the same angle as these photographs in Exhibit No. 2? A. As to the angle, I have no way to know. Q. Is that a "yes"? A. It's a "I have no way to know." Q. So you don't know whether or not you have photographs that were taken at the same angle as the photographs in Exhibit No. 2; is that correct? A. That is correct. And I don't know that anybody could tell if they were taken at the same angle. Q. Certainly, you can't. A. Certainly. MR. DAVIS: No other questions. MR. BARBER: City has nothing further. THE DIRECTOR: Are there any further witnesses? MR. BARBER: Yes. City would like to call Donna Locher. Q. Would you state your name and occupation for the record, please? A. Sure. My name is Donna Locher, L-o-c-h-e-r. And I am a code compliance inspector for the City of Renton. Q. Do you have knowledge of having prepared the Order to Correct or posting that and serving it with regard to this property? M Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/1.8/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 A. Yes, I do. Q. Would you explain approximately when that was, to the best of your recollection? A. Sure. Inspector Kamcheff went on vacation to California and had all the notices written up and ready to be put in the mail and posted on the house. So I got everything with the help of Clarice Martin (phonetic spelling) into the mail, certified regular. Took the notice to the property where this dwelling is and posted it to the right side of the door. Q. And do you recall approximately when it was that you did that with regard to the (unintelligible)? A. It was the Monday after -- Monday or Tuesday after Labor Day, so around -- or not Labor Day. I always get those mixed up. Memorial Day. It was when we came back from a four -day weekend. So I guess it would have been Tuesday. Q. And did you prepare a declaration to that 191 effect? 20 21 22 23 24 25 A. I did. Whenever we mail something or post it, we note the date and the time and sign it saying that we did that. Q. And has that been made a part of Exhibit 1, which is the final (unintelligible)? A. Yes, it has. 41 1 Watkins Court Reporters -Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. BARBER: City has nothing further. THE DIRECTOR: Cross-examination. MR. DAVIS: Thank you. Q. Ms. "Lockner," are you involved in preparing all of these types of orders, like the Orders to Correct that go out from your office? A. I do for my cases, yes. Q. And that includes, obviously, this case, the Miller property? A. I did not prepare that. Ms. Kamcheff did. Q. Okay. So are you aware of an Order to Demolish being issued to Robin Miller with respect to this subject property? A. Yes. Q. Do you know when that was issued? A. No, I don't. Q. Do you have a rough estimate? Would it have been sometime this year, 2009? A. Well, what I recall is right around the annexation time for the Benson area to become part of the City of Renton, we did a big picnic at the Cascade School up on 116th. We did National Night Out at the Cascade Shopping Center. We did Renton River Days. And we heard a complaint about this property at every single meeting that I attended and that Marilyn attended. And 42 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it wasn't just one complaint. It was multiple complaints that this property had been this way for some time. King County had tried to get it cleaned up and was not successful, and that, would the City of Renton please help the neighborhood. Q. Very good, Ms. Locher. But the question was actually about what time of the year, if you recall, was it that the Order to Demolish was issued to Mr. Miller? A. Another Order to Correct sometime after annexation, so it would have been 2008. So I would assume -- I do not know for sure -- that that's when the Order to Demolish was issued also. MR. DAVIS: No other questions. BY MR. BARBER: Q. Let me clarify a few things if I can. Now, we're talking about an Order to Correct, and that means a condition with regard to the -- MR. DAVIS: Objection, counsel is testifying and leading the witness. THE DIRECTOR: I kind of (unintelligible) about the question (unintelligible). Are you looking for an answer, or are you looking for how the (unintelligible)? Because I think your question was, then, was the director's order issued from the first hearing; is that correct? 43 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 xvww.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DAVIS: I was specifically questioning about an Order to Demolish issued to Hr. Miller and when that was issued. THE DIRECTOR: (Unintelligible) so was that the -- is that the director's decision that then later came from the hearing narrative (unintelligible). MR. DAVIS: I was talking about the -- the final decision from the hearing examiner issued at approximately the December timeframe. THE DIRECTOR: So it sounds like that you're probably wondering (unintelligible) issued that decision? MR. DAVIS: Just wondering that and when that was posted on the property. MR. BARBER: Mr. Director, the issue that you've articulated, that I think that counsel has made his objection to as well, is also what I had concerns about, and that is an Order to Correct versus an Order to Demolish. And then since there has been several orders that have been entered in this matter, you know, whose order. And there was -- the hearing examiner with regard to Mr. Miller did enter an order. And then subsequently, the hearing examiner found an error in his order and then corrected that and reissued his order and 44 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sent that to Mr. Miller. So maybe that's where some of this confusion is coming from. I just want to make sure that that was -- THE DIRECTOR: Do you know what the rough timeframe of when that second decision was issued by the hearing examiner? MR. BARBER: I would only be guessing, but it would have occurred sometime after the hearing examiner came back from his vacation that he was on in the month of December of 2008. THE DIRECTOR: Is there any further questions for the City at this time? MR. BARBER: The City has nothing. THE DIRECTOR: Does the city have further witnesses? MR. BARBER: Yes. My understanding is that there are some citizens that are here and that would like to testify with regard to the issue of this particular dwelling structure. And at this time, if the Director is amenable, we would like to have them invited to take the podium, identify themselves and to, you know, give their testimony. THE DIRECTOR: That's fine. Please proceed. MR. BARBER: If there is anyone here that would like to testify, that's familiar with this particular L1.'M Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsrepot-ters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 structure, would you please step to the podium now and give your testimony? And please identify yourself, state your name and your address for the record, please. GARY PALMER: Name is Gary Palmer. My address is 17104 125th Avenue Southeast. MR. BARBER: Go. GARY PALMER: Go? MR. BARBER: What do you know? Go ahead. Tell me what you know about the particulars. GARY PALMER: I live about approximately a half a block to a block away. And the house in question here has been in disrepair for probably 20 years, at least, and probably detracts from the property prices of the homes around him. What danger it makes for people who live in the neighborhood like young children, I don't know. But the house does need to be replaced. I doubt that it could be repaired. THE DIRECTOR: How long have you lived there, sir? GARY PALMER: 39 years this last May. THE DIRECTOR: Tell me a little bit about the visual appearance of the house from the outside. MR. BARBER: The Director would like to know about the visual appearance of the exterior of the home. GARY PALMER: The home is, from the front -- WI Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 again, and the pictures are worth more than what I can say. However, the roof is deteriorated considerably. The exterior of the front of the home is in bad repair. Since the courts got on him about fixing it up, the yard has been taken care of, and an old junker trailer was finally removed. I think probably the Court decided that had to be done also. I've testified before the -- on this same matter. THE DIRECTOR: Thank you. Any cross-examination? testify? MR. DAVIS: No, thank you. MR. BARBER: None for the City. GARY PALMER: All done? MR. BARBER: Is there anyone that would wish to CAMERON McLAUGHLIN: My name is Cameron McLaughlin, M-c-L-a-u-g-h-l-i-n. I live at 17003 125th Avenue Southeast. I am two doors away from this property that we're discussing today. I purchased my house almost exactly one year ago and moved in, my wife and I. I, when I purchased my house, obviously was aware of this dilapidated property. I knew it was there. I made the assumption, without doing any research, that it would be taken care of. I purchased my house. It was okay, we had this rundown home nearby 47 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2.4 25 US. it will be demolished. It'll be taken care of. I found out shortly after I purchased my home, by meeting some of my neighbors, that from their telling me that the house had been there for 15 years. And I thought that was pretty ridiculous that it had been in such poor repair. In the year that I have lived there, there was a trailer that was there when we first moved in that was removed. And just recently, the lawn has been mowed. But the house has gotten worse. The roof has been sagging. And I find it amazing -- and to be honest, I guess I was a little naive when I bought my house. But I find it amazing that this house can be in this condition, and nothing has changed. I am a new homeowner. The house I bought, my wife and I were thrilled that we were able to afford it. We were thrilled to be able to move into a stable neighborhood. We are expecting our first child in August, and we are thrilled to be in this neighborhood. But we have this house that, in my naiveness, I assumed would be taken care of by now. I've been in the house for a year, and nothing's changed. And that, to me, is just unacceptable that I work hard to keep my property Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings i 2 3 4 5 6 �1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 looking nice, to keep my neighborhood looking nice, and yet this house can just sit there. And I just find that absurd, and something needs to be done. Thank you. MR. BARBER: Is there anyone else that would like to say a few words? CAROLINE NORRIS: Yes. MR. BARBER: Please step forward. Simply state your name and address for the record, please. CAROLINE NORRIS: Caroline Norris, N, like Nancy, o-r-r-i-s. 12515 Southeast 171st Street. I live about a block down and to the left. I moved here in 2000 from Atlanta, Georgia. And this house, at that point, appalled me because I couldn't believe anyone would allow it to that be way, be it county, city or individual. I didn't buy the house I had planned to buy because I didn't want to look out the front window and see this thing every day. I did buy in the neighborhood around the block. But this was 2000. The gentleman said nothing had happened in a year. Almost nothing has happened in close to nine years. I find this, first of all, that the King County did nothing, appalling. At least Renton is trying to do something. But it is taking far, far too long and costing far, far, too much tax money. 49 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 testify? (applause) MR. BARBER: Is there anyone else who'd like to Mr. Director, no one else has indicated that they wish to testify. At this time, the City notes that Robin Miller is here and is attending this hearing. And the City would like to call him as a witness in this proceeding. I do not know if Mr. Miller anticipated testifying or if he took the oath or not. I would have to have the Director inquire on that. THE DIRECTOR: I believe he took the oath. MR. DAVIS: Unless there has been a subpoena, we're not going to be having Mr. Miller testify in this hearing. THE DIRECTOR: Okay. So noted. MR. BARBER: May I address that issue? THE DIRECTOR: Mm-hmm. MR. BARBER: First of all, this is a civil proceeding, not a criminal one. There is no Fifth Amendment right not to testify that he can assert. Also the fact that he's here, he's here. And he's attending this proceeding. So the City has called him as a witness, and we would like to have his testimony. MR. DAVIS: Even in a civil proceeding, you actually need to subpoena a witness if you want to call 50 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 him as a witness. It doesn't matter if it's a civil proceeding or criminal proceeding. Or especially if it's a party, you need to give notice. That's not been done here. So Mr. Miller is under no obligation to answer any questions from the City. THE DIRECTOR: So is your objection for Mr. Miller not to testify or for Diane Miller to offer any evidence or testimony at this time? MR. DAVIS: At this time. THE DIRECTOR: Well (unintelligible). MR. DAVIS: No, it's not, Your Honor, with all due respect. This is the City's case at this point. It's possible that Mr. Miller may testify at -- if the case gets beyond -- to the next stage, to our presentation, but not at this time. THE DIRECTOR: I'm not going to try to force you or bring a police officer here to make you testify at this point. So it's certainly your decision, and we'll enter that into the record. MR. BARBER: Then the City rests its case. THE DIRECTOR: (Unintelligible.) MR. DAVIS: Thank you, Your Honor. We move to dismiss the case. Number one, the complaint -- there's been no evidence that the complaint was served personally on Ms. Miller under -- Section 1-3-5, section 51 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.wattdnsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 D, indicates that the complaint must be served personally, or if personal service cannot be obtained by First Class and Certified mail. with Return Receipt Requested. There was no evidence as to why the personal service could not be accomplished. Certainly, we heard evidence that the complaint was sent out by Certified mail and that it was posted on the property. Even though that was hearsay evidence, the Court is allowing that in. We had no evidence that definitively indicated the complaint was personally served on Ms. Miller. THE DIRECTOR: So noted for the record. We will not dismiss this hearing. MR. BARBER: May I respond just for the record? THE DIRECTOR: Okay. MR. BARBER: In Exhibit 1, which is the Final on this matter, you will find a Declaration of Service of Officer James Gould for the Renton Police Department, who indicates that on May 28, 2009, he caused to be served the Complaint for unfit building and structure on Diane Miller by personal service, by leaving a copy of same with Mr. Robin Miller, a person of suitable age and discretion at the above -referenced address, that address being 1814 Southeast 21st Place, Renton, Washington, 98055. MR. DAVIS: And Exhibit 1, although marked, was 52 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 never admitted. There was no proffer of that notebook which, for the record, we have never received a copy of. All of this evidence that the City has been bandying about so cavalierly, we have no idea exactly what this is. THE DIRECTOR: The defendant, Diane Miller, given a week's notice (unintelligible) come in and get whatever information she wished to (unintelligible). MR. DAM S: With all -- with all due respect, when a summons and complaint are issued, generally in a lawsuit, you actually have an idea of who the odd (phonetic spelling) position is going to be. From the face of the complaint, we don't even know that the City Attorney's Office is involved in this thing. MR. BARBER: Well, first of all, Your Honor -- MR. DAVIS: And I'm not finished yet. There is -- Exhibit No. 1 was not admitted to this -- into this proceeding. The Court cannot consider it. There is no evidence, therefore, that the complaint was personally served. Therefore, there is no jurisdiction for this matter. And therefore, the case must be dismissed. And we would ask for that immediately. MR. BARBER: May I respond, Mr. Director? THE DIRECTOR: Yes, please. MR. BARBER: First of all, counsel is 53 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 25 unfamiliar with the practices of administrative hearings. MR. DAVIS: That is incorrect. MR. BARBER: Secondly, the fact of the matter is that the complaint does indicate that it's the City of Renton, not the City of Renton Attorney's Office, that is the party here. And it does indicate who the person is who is the respondent, in this case, Diane Miller. With regard to the fact of the summons, this is not a lawsuit. There is no requirement by the code for a summons. It's not a civil lawsuit. And further, with regard to the declaration, that file, which is the case file, is always available to anyone who's in the position of an administrative hearing and responding to it. They simply have to contact and ask to take a look at the file. Okay? That was not done here. And the fact that Diane Miller did not retain counsel until less than 24 hours before this hearing is not the City's fault. And the City will not take responsibility for that. With regard to the issue of serving Mr. Miller, it is the City's understanding, and it may not be correct, that Mr. Miller and Mrs. Miller are husband and wife, that they reside at the same address. That may 54 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watki*isreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not be correct. But he certainly is a person of suitable age and discretion at that above -referenced address when he was served with the complaint by Officer Gould. Now, we're not required to follow the Civil Rules of superior court which, under CR 4, requires that you can serve someone of suitable age and discretion at a residence. We're not required to follow that because that's an administrative proceeding. We are required to mail the Complaint for unfit dwelling, building or structures in accordance with the City Code. That was done. The personal service we do -- because when we run into cases like this with people like this, we make sure we dot every I and cross every T. And that's the only reason why personal service was even done, not because it was required. Because it is done. Thank you. MR. DAVIS: Well, it is required. It's required under the City Code. I mean, I don't understand what's not clear about the Code, at least this part. It indicates that the complaint shall be served personally. Or if personal service cannot be obtained, by First Class and Certified mail. Again, there's no evidence that there was any kind of problem 55 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 with getting personal service. And we've got no evidence before -- before the Court that this was properly served, because as the City hasn't even addressed the main point which is that notebook, apparently, and which we haven't seen -- Exhibit 1 was not offered into evidence, has not been admitted into evidence. THE DIRECTOR: I admitted Exhibit 1. MR. DAVIS: I'm sorry? THE DIRECTOR: It was admitted. MR. DAVIS: It was -- THE DIRECTOR: And maybe you missed that. But it was admitted as Exhibit 1. MR. DAVIS: No, I did not miss that. I was paying very careful attention. THE DIRECTOR: (Unintelligible) Exhibit 3. So I'm a little -- I'm getting a little frustrated. MR. DAVIS: I move -- THE DIRECTOR: I hear your legal complaints. They'll enter the record. This hearing will continue. And I'm looking for evidence or testimony relative to the discussion, is this an unfit building or not? I'm also somewhat perplexed, if you want to get the legal things, as to how you are the representative for Diane Miller. I have nothing from Diane here. I 56 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have nothing written here that authorizes you to represent her. And I'm assuming that Mr. Miller is who he is, and that's apparent. I'm assuming that you're her attorney. But it is a little strange that defendant is not here. And I have no written or legal connection between the defendant that authorizes you to be the representative here. The (unintelligible) which I'm looking for here is evidence relative to this particular case. You certainly established, for the record, your basis for appeal at a later point. You can connect those issues at a later point in the proceedings. But at this point, (unintelligible) unfit (unintelligible) -- MR. DAVIS: I understand. THE DIRECTOR: -- relevant to that. MR. DAVIS: I under- -- THE DIRECTOR: If there are other legal things you want him to (unintelligible), that would be perfectly fine. MR. DAVIS: I understand the frustration that you feel, like we're not getting to the main point as to whether or not it's an unfit building. But it's my job to point out the problems with the case and to point out the deficiencies that the City has with the case. I'm not trying to make anybody upset. I'm just trying to do 57 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 my job for Ms. Miller. Maybe -- the City Code -- I mean, the City gets its authorization to do these things from the state. Under RCW 35.80.030, this is really where a lot of the language comes from about the complaint. Under 35.80.030, subsection (1)(C), it indicates that if, after a preliminary investigation of any dwelling, building, et cetera, the board or officer finds it's unfit, he or she shall cause to be served, either personally or by Certified mail with Return Receipt Requested, upon all persons having any interest therein as shown in the records, et cetera. So again, the City -- the City's own Code indicates that the City is obligated to cause the owners to be served either personally, or if it can't be served personally, by First Class Certified mail. So that is our point with respect to that. Similarly, with respect to the other parts of the case, whether or not the building is unfit, there seems to be some confusion in what has been issued by the City in terms of the definition of what we're using as an unfit building. In the first page of the complaint, "unfit building" is set forth as under section 1 -- 3 -- 5. And under section 1-3-5, the definition, I would submit, 58 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 appears to be under section r-3, where it's indicated, "The Director may determine a building is unfit for human habitation if he -- or other uses if he or she finds the condition exists in such dwelling, building, structure, premises that are dangerous or injurious to the health or safety of the occupants of such dwelling, building structure or premises. The occupants ---" and then it goes on. However, on the second page of the complaint, it's indicated that the -- in the second to last paragraph, the City of Renton provided you a written Order to Correct on April 9th advising you the dwelling, building and structure was in violation of 1-3-5 as defined by 1-3-4.11 (C) (22) . Now, that is an entirely separate definition of what an unfit building is. And under that definition, an unfit building is "a structure which has been damaged by fire, weather, earth, movement or other causes not fit for occupancy and has been abandoned or unoccupied by lawful tenants for a period of 90 days." Now, I would submit that there is no specific evidence if we're under -- well, a couple things. So first of all, we don't know what definition we're using for an unfit building, so the complaint is unclear. Secondly, if we are using this definition under 59 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsteporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 section 22, (C)(22), there's been no evidence that specific evidence that the building has been unoccupied for 90 days. There's no evidence that the cost of repairs exceed the value of the structure once repaired or that such a damaged structure, whose owner shows no intention of completing or making substantial progress on completing such repairs within 90 days. So the City has issued a complaint which, with all due respect, doesn't make any sense because we don't know -- we can't defend the case because we don't know what definition we're using. And secondly, there --- even if we were to use this definition under (C)(22), there's no competent evidence to prove the case by a preponderance of the evidence. It's the City's burden to prove this case. It's not our burden to bring forth evidence to prove a negative. It's the City's burden to prove the case. And they have failed to do so. Now -- so we ask the -- we ask the Court, or the Hearing Officer, to dismiss this case on the grounds that it is unclear, the complaint itself is unclear, and the evidence is not sufficient. In addition to that, there are also competing orders here. On the one hand, the City's witnesses indicated that there was an Order to Demolish issued to the Millers. On the other hand, they're issuing Orders 60 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to Correct and to make repairs. So the City is actually telling the Millers to do two different things. And the City -- and they are unable to comply with one order without violating the other. So the City's procedures here are entirely (unintelligible). The evidence is not competent, and there's no jurisdiction. We would ask the case be dismissed. THE DIRECTOR: And response for the record? MR. BARBER: May I respond for the record? THE DIRECTOR: Please. MR. BARBER: First of all, there is jurisdiction. In Exhibit 1, in the Final, there is a declaration by Donna Locher that indicates that she had mailed, as required by the Code, the complaint to Diane Miller's address. Secondly, there is a declaration of Officer Gould. It indicates that he served a person of suitable age and discretion, who identified himself as Robin Miller, at Diane Miller's residence. So as far as that issue goes, I think that issue is a -- lacks merit. With regard to the other issue that has been raised about the use of the definition in 134 ACLL (phonetic spelling), I would simply move at this time to amend the complaint to conform to the evidence that has been presented at this hearing. And I would urge the 61 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 vvww.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Director to grant that amendment because the complaint can therefore be admitted to conform to this evidence. I don't think there's any question, in a reasonable mind, that this particular structure is unfit for human habitation and dwelling, that it poses a blight on the community and to neighboring property owners. And the fact is that it also poses other hazards which the City did not go into. But the fact of the matter is that if there was ever a structure that met the definition of an unfit dwelling, building or structure, it is this structure. And the City would request that the -- there be an order entered to the effect that this structure has to be either demolished, or I don't think that there may even be a possibility of getting necessary building permits. But I'll leave that with the Director to decide. I would also like to note that if the Director's decision is in favor of the City of Renton, we would ask that the City be given an opportunity to provide the Director with the costs that have been incurred in that proceeding in attempting to resolve this issue of this structure. Thank you. THE DIRECTOR: Thank you. Any further comments or testimony, anything? MR. DAVIS: My only other point would be that 62 , Watkins Court Reporters - Seatde, Washington 206-622-4044 www.wattdnsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if I somehow missed the introduction of ExhibiL No. 1 being offered, I honestly don't recall it being offered as an exhibit. I move -- THE DIRECTOR: Fine. MR. DAVIS: I object entirely to its admission, to -- THE DIRECTOR: On what basis, sir? MR. DAVIS: Number one, it's complete hearsay. We don't even know what is in the Exhibit No. 1. You know, usually, obviously, when exhibits are handed out, a copy is provided to counsel before such a proffer. That was not done here. I've got no idea exactly what's in Exhibit 1. I was waiting for an offer to be made which is why I didn't specifically jump up and down. And I was waiting specifically, actually, to move to dismiss if Exhibit No. 1 was not offered, which I didn't -- I don't recall hearing it offered. That is my only additional point. MR. BARBER: Mr. Director, one final matter for the sake of the record, at this time, for the closing hearing, since this is an administrative hearing, the City does not need to formally offer these exhibits into evidence. But if that is counsel's concern, we offer into evidence Exhibit 1 which is the final in this matter, as well as Exhibit 2 which is the photographs 63 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 5 7 S 9 10 14 15 16 17 18 19 20 21 22 23 24 25 apparently of restoration work at the premises at issue and also defendant's Exhibit No. 3, the letter from Raymond Aharkay. THE DIRECTOR: So noted. All exhibits are entered into the record, and objection is noted. MR. DAVIS: We object to that because the City already closed its case, rested its case. So you're not entitled to just start admitting exhibits after you you've rested. THE DIRECTOR: Rebuttal. It's appropriate in rebuttal, sir. An again, these are not strict rules of evidence. MR. DAVIS: Well -- THE DIRECTOR: In my mind, these are already offered. We are attempting to clarify the record for your sake. And your objections to that being entered into the record will be noted. So further testimony regarding the condition of this building, this particular complaint? MR. BARBER: There's no further testimony to be offered by the City. THE DIRECTOR: All right. Fine. MR. DAVIS: Mr. Miller would like to testify. THE DIRECTOR: That's good. Thank you. BY MR. DAVIS: Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreportets.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Could you please state your name and spell your last name for the record? A. Yes. Robin Miller, and it's Q. And are you the -- let me ask you this -- FEMALE SPEAKER: Please speak up. MR. DAVIS: The Exhibit No. 3, do you have the Court's exhibit? That's Exhibit No. 2. Q. Showing you Exhibit No. 2, could you tell us what that is, please? A. These are photographs of the property in the condition that it was at -- at the March timeframe of 2008, taken to show that there was an ongoing effort to repair the damages found in the building. At the time, the City annexed the property into the city and then immediately filed the complaints and actions that have been ongoing since that time. I personally took these photographs. Nothing special, just a digital camera, and the intent to show what the condition and what the status of the building on the interior was at that time. Q. When did you take those photographs? A. These photographs were actually taken in the December/January timeframe, December of '08, January of '09 timeframe. Q. Now, when was the work that is shown in the photographs on Exhibit 2, page 1 -- when was that done? 65 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watidnsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 A. All of this work had happened prior to the annexing into -- the building into the City. At that time, when the City sent the Order to Correct, and it was absolutely clear to us that we could not meet a 30-day time frame in which to complete all the repairs, and the only other alternative was to demolish, we were forced to essentially stop the work because anything further we did would be at risk of just being torn down if the City forced that upon us. So there has been no work because we've been constrained from doing work since March of 2008. Q. Was that work, that you see pictured on Page 1 of Exhibit No. 2, done as of August 2008? A. Yes. Yes, indeed. Q. And what exactly was the work that's been done? A. Might need to give a little perspective. We've owned this property, as some have testified to, for quite some time. In the -- in the early years, it was a rental property, and it was rented and in decent condition. We had a bad experience, a bad renter. The place was trashed. And in the process of going through an eviction and somewhat complicated, we had to do a lot of cleaning up on the interior at that time. And this was in the early, early to mid-'90s, we discovered that there was evidence of some water Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 damage which we didn't think was huge, but required further investigation. And we understood that we had a roof problem. To just do it in summary level, we started with the roof, thinking that by repairing the roof, we would have our problems taken care of. What we discovered was that the damage was considerably more involved. And so we had to stop the roof repair until we could uncover the full extent of the damage. So over time, because we were doing this not with contractors and the expense that that would involve, we set about to uncover the interior walls so we could discern what was the full extent of our damage. The result was that we've basically gutted the building so that we could see that. We went in and provided bracing to shore up those areas where we would need to remove serious rot issues and were in that process -- having already started at the ground level with the floor joists -- were in the process of making those repairs when this action all took place. Did I answer the question? Q. Why did you stop -- well, did you stop work at some point? A. Yeah. We stopped work when the City gave us the Order to Correct either in 30 days or demolish 67 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 within 30 days. We couldn't accomplish either of those. And so -- and also, there was the issue about the City requiring a building permit which we didn't have. All this work began prior to the City being involved. It's true we did not have a county permit. But we were unaware that a permit was required. All we were doing, and intended from the beginning, was to make repairs to our building to build it back to its original condition. Q. How much did you spend, do you recall, getting supplies to (unintelligible) the building? A. Well, it's been a -- it's been a sequential expense for us. I mean, we started off thinking it was a roof job. So we invested in the OSB material for sheeting the roof and so on. And then when we started doing that, it became apparent, oh, we've got a much bigger problem. And so we've purchased quite a bit of material. I suppose 2, $3,000 of lumber and supplies were being stored on site. And then we had additional materials that had been purchased that we had in an off -site storage location. Q. Did you ever have occasion to meet with an inspector from the City by the name of Marilyn Kamcheff? A. I did. Q. How did that happen? 68 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 A. In response to the complaint that -- Order to Correct and complaints that were sent to me, I -- when I got over the shock of having all of this happen, just within days, literally, of the City taking jurisdiction -- and I, in candor, was not aware that the City had jurisdiction over our property at that time. But in response, I came to her office, had prepared a letter explaining our circumstances, explaining the fact that we were intending and were in the process of repairing the building, and also explaining my concern over the process that was at play, which has all been documented previously. Q. Let me go back. What work had you done on the property prior to August of 2008? A. Starting from tearing off the old roof, which had multiple layers of shingles, and it was evident that there was leaks. So all of that was torn off. We -- when we discovered that we were not going to be able to reroof without taking care of underlying problems, we then put tarps up on the roof, secured the tarps the best we could, and then set about to remove the interior covering so that we would be able to see the extent of the damage. As the pictures show, we've -- we've torn out all of the walls right down to the studs. And we tore 69 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 out all the flooring so that we could get to the replacement task of the floor joists. There were several rotted floor joists, rotted right up against the foundation. So basically, the majority of the work has been work that has been done on the interior. I suppose not -- not terribly visible to people from the outside. But we've attempted certainly to keep the building closed and boarded up so that it would not be in violation of the County, which that was what the County insisted upon. And that's what we did. Just, if I'd have the opportunity to clarify the record about these pictures, the electrical panel that is shown in the picture is identically the electrical panel that has been there since it was built. Q. So that's what? So that's not a new panel, actually? A. It's not a new panel. There's nothing -- there's -- I mean, the question about new studs and all, there have been no new studs yet put into the -- into the building. These pictures are the existing studs, existing rafters. Everything about these pictures is existing except for the bracing that we installed in preparation for being able to remove and replace the dry -rotted areas on the exterior walls, which, of course, are supporting the rafters. 70 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And then the pictures on the second page show the floor joists that have been replaced, and on the third page, pictures of some of the materials that we ended up removing from the building at the point when the City made its Order to Demolish and posted that notice on the building. Q. Going back to the meeting you had with Ms. Kamcheff, what was your understanding of what was to happen after that meeting? A. There were several things discussed at that meeting. First of all, I was trying to understand what exactly was the City's position about repair and how much time there was to repair, and if not, to do the demolition. And I was raising the questions about the process they were going through, and asked Ms. Kamcheff to please check about the process under the state statutes. And then there was a discussion that she initiated about, had I considered demolishing the building and then seeking -- I think she called it a short plat and constructing an entirely new building, and maybe more than one. And I admitted, no, I hadn't considered that and was happy to look into that. And she said, Well, the City could grant you an additional time to look into that. So I said that I would be 71 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 24 25 interested in doing that. And she helped me locate some materials on short platting and what would be required to do that. So at the end of our meeting, it was understood that there would be additional time for me to investigate that. I had mentioned that I would be looking at the issue of the trailer which was on the property. I was under the -- excuse me -- under the impression that the trailer was fixable. It had - - it had been stolen from us a couple years or so earlier and kind of trashed, no question about that. But my thought was that when the time presented itself, and the money, that we would try to renovate that trailer for our use. During that period of time that we were granted to check into the short plat, I indicated that I would be taking action to get to the bottom of the trailer and resolve that issue. As it turned out, unfortunately, I ended up having some medical issues, some surgery. I was not able to follow through. Then the next thing that happened was there was a --- the City, I guess, changed their mind about the date for the hearing that had been set. Then, unbeknownst to me, there was a search warrant and then a rescheduling of the hearing. And the 72 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 1-/ 18 19 20 21 22 23 24 25 rest of that's all documented. Q. Were you issued, at any time, an Order to Demolish the property? A. Yes. As a result of --- as a result of the hearing process, the City's ruling was that the building should be demolished. I'm -- I'm a little confused about what constitutes the final order. I appealed the original hearing so there was a hearing on appeal. Then there was an order issued from that, which seemed not -- I don't know what the words I should use -- did not seem correct. Then there was a letter indicating that the deficiencies of that order were going to be amended. And I guess I don't know what constitutes a final order. But in any case, there was an -- a -- what I think was stated to be a final order posted on the front door of the premises in the December timeframe, maybe January timeframe. And that -- that's been on the front door ever since, I mean, basically, sitting there on the front door. And then the latest Order to Correct came -- that came to my wife, I guess. And then that -- that order is still on the front door. And then a complaint came to my wife. And I notice in the pictures that the City has provided that that final order is no longer posted on the front door. So I don't know who took it 73 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 off of there. We certainly didn't. And in that regard, I might say that we remain confused, remain confused because, as was already pointed out, an order posted on our building saying it has to be demolished and another order saying correct by repair or demolish. And it was that confusion and that uncertainty that led my wife to contact Raymond, her attorney, at the time and request clarification so that we would understand, well, what is it that we're supposed to do? And there was no response. And then -- and then this hearing was set. And still no response. And so at that point, Diane decided that it would be best to get an attorney involved who had experience in land use and that area so -- MR. DAVIS: I don't have any other questions for Mr. Miller. THE DIRECTOR: Cross-examination. MR. BARBER: Thank you. Q. Mr. Miller, you reside at 1814 Southeast 21st Place in Renton? A. I do. Q. Is that correct? A. I do. Q. And the violation address that's at issue here, where this structure is, is 16855 125th Avenue Southeast 74 Watkins Court Reporters -Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in Renton; is that correct? A. Yes, it is. Q. So each day when you get up, you don't have to look at this dilapidated dwelling that you own on 125th Avenue Southeast. Isn't that right? MR. DAVIS: Objection. That's just argumentative and badgering the witness. BY MR. BARBER: Q. It's a straight question. You don't have to look at the structure on a daily basis, do you? MR. DAVIS: Objection. Same -- same grounds. BY MR. BARBER: Q. There's nothing badgering about that. The fact of the matter is that Mr. Miller doesn't have to look at it. But his neighbors who have come here to testify, do? ROBIN MILLER: May I respond? THE DIRECTOR: (Unintelligible.) BY MR. BARBER: Q. But you don't go there every day, do you, Mr. Miller, to the subject property at issue? A. I go there frequently. Q. But you don't go there every day, do you? A. Not every day, but I go there frequently. Q. Are you aware that your neighbors at this 75 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 property, the subject property at issue, that they're not happy with the condition of this structure? A. I have become aware of that, yes, indeed. Q. How long have you known that? A. For about a year and a half. Q. So you're saying about 18 months. Could it be a little longer than that, Mr. Miller? MR. DAVIS: Objection as to relevance. This is totally irrelevant as to what he thinks the neighbors know or don't know. MR. BARBER: It isn't irrelevant as to the issue of its biding effect on the community, Mr. Director. THE DIRECTOR: I think he answered the question. BY MR. BARBER: Q. Do you believe that the structure at 16855 125th Avenue Southeast in Renton is a blight in the neighborhood? MR. DAVIS: Objection. Calls for speculation. It's irrelevant. Doesn't matter -- there's nothing in the Code that talks about blight. There's specific definitions that we talk about. It also -- Mr. Miller is being asked essentially -- even if that were a definition in the Code, he's being asked to give an 76 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opinion on (unintelligible). It's basically an irrelevant question because there's no such thing as blight. (Unintelligible.) MR. BARBER: Yes, there is. THE DIRECTOR: Whether that's a recognized term that we can use in this particular (unintelligible). I guess that would give the attorney one more chance to raise the question that you haven't answered here. MR. BARBER: I think the question is proper, Mr. Director. So I'd like to ask it again. Q. Do you think that this structure is a blight in the community where it's sited? MR. DAVIS: Objection, relevance. MR. BARBER: It is highly relevant, Mr. Director. THE DIRECTOR: It's very relevant to the decision at hand that is really the basis of the complaint. And we could -- MR. DAVIS: Well, I understand the City -- THE DIRECTOR: -- (unintelligible) blight, but if you really look at the purpose of 1-3-5, (unintelligible) saying which the RCW 38 (unintelligible) you referenced earlier. And it's really (unintelligible). And I don't think the term "blight" is used there. But I think we all understand 77 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 what we're talking about here. T think it's a fair question. I'm not sure entirely what value or weight the answer has to what -- THE WITNESS: I think that in answer to the question that the building is in need of repair, I have been in the process of trying to do that. And it is the City that has prevented me from continuing that repair of what you are referring to as a blight. And given my freedom to act, I would be a lot farther along today than we are with the repair of that building. MR. BARBER: Have you hired out the work? THE WITNESS: I'm not intending to hire out the work. I am intending to do that work myself. BY MR. BARBER: Q. I notice, Mr. Miller, in the photographs that you provided, which I believe has been admitted as Exhibit 2, on the first page, the middle photograph, there is a -- what appears to be a man with black hair, a blue jacket, standing what appears to be near one of the additional bracing beams for the rafters. Now, that man has hair, and I don't mean any disrespect, Mr. Miller, but it does not appear to be you. A. Nor does it appear to be gray. Q. That's true. So the question is this: Is that someone helping you? Watkins Court Reporters - Seatde, Washington 206-622-4044 www.watkinsreporters.eom 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. No. That was a consultant -- excuse me. A consultant that I had asked to come and take a look at some specific issues in the house. Q. And what was the consultant's name? A. Boy, you've got me. It was six, eight -- eight months ago. I -- you know, January timeframe. I -- I don't recall his name. Q. And dial the consultant tell you that this particular structure could be rehabilitated? A. That wasn't a question to the consultant. Q. Okay. So you didn't ask the consultant that. Did you ask the consultant if you would have to have building plans and a permit in order to rehabilitate the structure? A. I asked the consultant about the issues of doing asbestos testing because we were, at that time, being told by the City that the house had to be demolished. And the City requires, for demolition, that there be an asbestos survey done. And that's what the purpose of that gentleman being there was. Q. So your recollection is that the gentleman was there for the purpose of an asbestos survey? A. Yes. Q. Okay. And then that means that these photographs -- as you've indicated, I believe in your 79 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prior testimony, they would have been taken sometime in December or January of 2009. And so that must have been the timeframe when you were making this assessment; is that correct? A. That's correct. Q. Now, with regards to -- A. Excuse me. Would it be -- I kind of need to use the men's room. Is it possible to take a -- THE DIRECTOR: That will be allowed. We can take a ten-minute recess. MR. DAVIS: (Unintelligible). (A six -minute recess was taken.) THE DIRECTOR: Okay. Please continue. Thank you. BY MR. BARBER: Q. Mr. Miller, I apologize if I asked you this before, but you are married to Diane Miller; is that correct? A. That is correct. Q. And when did you and Diane Miller marry, the date? A. This is a test that I have to -- MALE SPEAKER: This will be public record, sir. THE WITNESS: How about March 18, 1966? How'd I do? EM Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 BY MR. BARBER: Q. So you've been married for 40 plus years. A. That's correct. MALE SPEAKER: Cool. BY MR. BARBER: Q. Now, you are aware that this administrative hearing is for the purpose of providing notice of City's intent to take action with regard to the subject property. And this notice is directed to your wife, Diane. Do you understand that? A. Yes, I do. Q. With regard to the previous administrative hearing on this matter where you were present, did you discuss that with your wife, Diane? A. No, we did not discuss it. Q. With regard to what occurred following the hearing, did your wife, Diane, ever inquire as to what the City's intent with regard to the property? MR. DAVIS: Objection; privileged communication between a husband and wife. MR. BARBER: I'll move on, Your Honor. THE DIRECTOR: Thank you. BY MR. BARBER: Q. Now, you were the one that accepted service of the Complaint for Unfit Dwelling, Building and Structure 81 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 with regard to the hearing regarding your wife, Diane; is that correct? A. That is correct. Q. And, in fact, you signed for receipt of the letter that was mailed to your residence on behalf of your wife, relating to this as well. Is that not true? A. That is true. Q. And, in fact, you may well have signed for the receipt for the Order to Correct leading up to this hearing. Is that not true? A. I'm not sure about that. Q. Do you generally handle the business affairs for yourself and your wife? A. Certainly with respect to this property, yes. Q. So the person who has the authority to make decisions with reference to this property between yourself and your wife is you? A. Not unilaterally, but most of the -- most of the work and the day-to-day activities relative to the property have been in my control. That's right. Q. Is it your testimony there today that when you received the Complaint for Unfit Dwelling, Building and Structure that was handed to you by Officer Gould, that you did not give that to your wife Diane? A. I'm sorry. what's the question? 82 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 Q. Did you give the Complaint for Unfit Dwelling, Building and Structure, that you were served by officer Gould -- did you give that to your wife, Diane? A. Yes, I did. Q. So your wife was aware that there was going to be a hearing conducted today with regard to this property and this structure? A. Yes, she was aware. And that's why she spoke with her attorney, Mr. Aharkay, and requested clarification. Q. Do you know why she's not here today? A. Yes, I do. Q. Is that because you discussed it with her? A. It's because she hired an attorney. Q. My understanding is that you have not sought any building permits to do any repair rehabilitation to the structure at issue; is that correct? A. There has been -- there -- got to ask the question again please so I understand. Q. Have you sought any building permits to allow repair or rehabilitation of the structure at issue from the City of Renton? A. There has been no permits obtained. And there's a reason, because it was not possible for us to do the work in the timeframe that the City provided, 83 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neither to do the repairs or to accomplish a demolition. The timeframe of 30 days is insufficient. It was pointless. Q. Have you made any inquiries -- A. Yes. Q. -- with any contractors as to how long it would take to demolish the structure at issue and remove the debris from the site? A. Yes. Q. Who did you make inquiry of? A. Again, I don't have in front of me the names of the contractors that we've called and had discussions with. And I'm sorry, I don't remember the name of the gentleman who came and made a review of the -- of the property for asbestos. But in fact, we have -- we have made an investigation and determined that the timeframe for getting an asbestos survey and report itself would have consumed the major portion of the 30 days. And that would have to be done -- if I'm understanding correctly, that would have to be in hand before a permit to demolish could even be applied for. Q. Did you get your asbestos report? A. We -- we have not followed through because we are -- we are unsure what is happening. There's an order -- was an order posted on the building up until 84 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 certainly the May timeframe that said demolish. And yet we have, from the City, an Order to Correct, and then this process. So basically, we're in a position of not knowing how to proceed. And any -- anything that we would do is in jeopardy of being undone. I -- I would like guidance in that respect. But anyway -- our intent, as we have said all along, is to repair the building. We're ignorant about what the City requirements are for a permit. My investigation of the City's website, in terms of permit process, doesn't even address our situation. We're not -- we're not trying to build a new home. We're not trying to add on to our structure. We're trying to renovate it to its original condition. And I -- I was unable to find a permit classification that deals with that issue. I've asked that question of more than one person in the City of Renton's Building Department, if that's the right word to use. So I'm confused. And I'm happy to sit down again and discuss it. Our objective is to renovate the building. Q. Let me ask you this, Mr. Miller. Let's say the City does not believe you can renovate that structure. And the City wants you to demolish that structure. By 85 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your testimony here today, are you amenable to demolish the structure and remove it? MR. DAVIS: Objection, speculation. MR. BARBER: The only person that would know that is Mr. Miller. He's already testified that he's the one that makes most of the decisions with reference to this property. MR. DAVIS: It's also not relevant what his opinion is. MR. BARBER: Oh, it's highly relevant, Counsel. The City has put a tremendous amount of time, Mr. Director, into resolving this issue about removing this dilapidated eyesore from the neighborhood. So there is the question for Mr. Miller: Is he amenable to demolishing the structure. MR. DAVIS: These are not settlement discussions. This is an administrative hearing. MR. BARBER: That's not an objection, Counsel. THE DIRECTOR: I think it's a very straightforward question relevant to the discussion. MR. DAVIS: It's a straightforward question doesn't mean -- THE DIRECTOR: I mean, he may not be. That's fair. He may be. He may not know. All those are fair answers. I don't -- I don't see that this is an Watkins Court Reporters -Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 improper question. Mr. Miller may not -- you know, may have whatever opinions or thoughts he has on the question. THE WITNESS: The City has been asking me to demolish this building since day one. You're asking me if I'm amenable to having the City tell me, without any opportunity to renovate the property, whether I am amenable to demolishing the building. And the answer is, not without a higher authority. MR. BARBER: Thank you, Mr. Miller. That was THE DIRECTOR: Thank you. MR. BARBER: -- I was looking for. Q. With regard to King County, you did have some dealings with them, did you not, with regard to this structure that's at issue in this administrative hearing? A. I would be very careful about the choice of words there. I have had dealings with King County with respect to issues of debris in and around the property. But with respect to the structure, no, that is not accurate. Q. So it's your testimony here today, then, that no one on behalf of code compliance for King County, before this area was ever annexed into the City of Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Renton, ever told you that if you had to do any repairs whatsoever, that before you even started those repairs, you would have to obtain building permits from King County? A. That is my testimony. MR. DAVIS: Object. The question is -- calls for -- well, the question is improper. It does not call for any confident or relevant evidence. What King County may or may not have done has got no relevance in these proceedings. MR. BARBER: That not true, either, Mr. Director. The fact of the matter is the history is highly relevant. More than one governmental entity has been doing battle with Mr. Miller to try to get this eyesore removed from the landscape. So it is highly relevant. MR. DAVIS: It doesn't matter. THE DIRECTOR: I think the record establishes that. And I would like to hear the -- I mean, we do have some -- there has been concerns expressed here about work being done potentially without permits. And as I'm hearing the question is, was Mr. Miller advised by King County staff that building permits would be required for the work that he was contemplating. THE WITNESS: And I have answered that. The 88 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answer is no. No one has advised me that permits from the county were required to do the work we were doing. That question was never put to me. The only questions from King County had to do with, on one occasion, I think most recent occasion prior to this, was someone had abandoned a vehicle in the backyard of this property. And I got notification from King County to that effect, that it was my responsibility to see that that vehicle was removed. And I did so. Previously, there was a question or code enforcement complaint. I presume one of the neighborhood people cited because there was garbage around the property. And -- and the grass at that time had -- had grown a little taller than we've normally let it become. And so there was that complaint. And we dealt with that. But in direct response to Barber -- Mr. Barber's question to me about, was there any dealings with the County regarding the structure, the answer to that question is no. THE DIRECTOR: Thank you. MR. BARBER: I have no further questions. THE DIRECTOR: Thank you. Any further testimony or comments at this point? MR. DAVIS: No, sir. Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE DIRECTOR: Okay. Anything -- MR. BARBER: City does have some rebuttal testimony directly to testimony given here by Mr. Miller. So the City would like to call Darren Wilson. Q. Would you state your full name and position for the record, please? A. Yes. Darren Wilson, City of Renton Code Compliance Inspector. Q. Mr. Wilson, with regard to your current occupation with the City of Renton, how long have you been with the City of Renton in that position? A. A little over a year. Q. Before that, who were you employed by, if anyone? A. King County DDS. I worked as a code compliance inspector from 1998 to 2003. Q. So for about five years, you were doing similar work as a code compliance inspector? A. Yes, sir. Q. Did you ever have occasion, while working as a code compliance inspector for King County, to speak with Mr. Miller regarding the subject property at issue in this administrative hearing? A. I had to do a joint inspection with Bill Turner 90 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 who was the code inspector for the area. And Bill had recovered from knee replacement. And T had went out to the site to visit and just be a witness of the subject property that we're talking about today. Q. Do you recall approximately when that was, when you were with King County? A. I believe it was in the spring of 2001. Q. And at that time, was there ever any discussion about repairing this particular structure that's at issue here? A. No. We got a complaint, multi -complaints about the property as Mr. Miller indicated, about trash and debris that was on the property, the condition of the trailer that was parked in the driveway and also the condition of the existing structure. Q. And was the discussion or the topic of possible repairs -- did that ever come up? A. It -- it came up from the standpoint whatever work was going to be done was going to require a permit. But at the time we did the inspection, the house was vacant or abandoned. Q. And was Mr. Miller advised that he'd have to have building permits in order to do this sort of repair? 25 A. To the best of my knowledge and Bill Turner, 91 Watkins Court Reporters - Seattle, Washington 206-622-4044 v.-vm.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 23 24 25 that was his direction of indicating that the work that would be done to the structure would require permits. And that was another reason why I had accompanied him, just as a followup and just to support what he had saw. Q. With regard to building permits from King County, do you have any knowledge whether or not Mr. Miller ever sought any building permits to repair this structure, from King County? A. To the best of my knowledge, there was no attempt to submitting building permit applications to do the necessary repairs. MR. BARBER: Thank you. I have nothing further. THE DIRECTOR: Cross --examination? BY MR. DAVIS: Q. Mr. Wilson, do you have any -- did you generate any reports about this meeting? A. Well, since Bill Turner was the lead, and it was his case, the information that he submitted into the case report, that's what he did, due to our joint inspection. Q. So you did not prepare any report about this? A. No, I didn't prepare a written report, no. That was strictly up to Mr. Turner. Q. And when did this meeting occur? 92 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Oh, like I said, I believe it was in the spring of 2001. Q. Do you know what day it happened? A. No, sir. Q. Do you recall the weather on that day? A. Yes. It was sunny. Q. How sunny -- what was the temperature? A. Let's see here. THE DIRECTOR: Yeah, point well taken. It is -- there is certainly memory things. And that is a long time ago. BY MR. DAVIS: Q. It was a very long time ago. It's a conversation that occurred eight years ago. And you're asking us to believe that you've got specific recall of a conversation that you had eight years ago with the property owner. A. Yes, sir. And the reason why I remember it is because of the complaints that came in from the neighbors describing their concerns about the safety and welfare of the kids in the neighborhood, the residence in the neighborhood, and it being detrimental to the environment. Q. You've got no doubt, Mr. Wilson, you recall the conversation or the meeting. But the actual -- you're 93 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 indicating that you've got actual knowledge of discussion about permits as well? A. Yes, sir. Q. From eight years ago? A. Yes, sir. Q. With no notes? A. No notes. Q. Have you been thinking about this case a lot? A. Yes and no. Q. How many times did you go out to the property? A. With Mr. Turner, I went out to the property once. Q. How many times dial you speak to Mr. Miller? A. Never spoke to Mr. Miller. Mr. Turner did all of the conversations, discussing what things needed to be corrected. Q. So you weren't even part of the conversation. You were just listening? A. That's correct. Q. And where did this meeting occur? A. We were on site. Q. How did it occur? A. Simply, we rode up in the King County vehicle, met Mr. Miller on site and went and talked and went from there. Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Who set up the meeting? A. Bill Turner. Q. How did he do that? A. That, I couldn't tell you. But the meeting was set up. And I was asked to accompany hire. So I accompanied him. Q. How did you find out about this hearing? A. I work for the City of Renton, sir. I have witnessed and experienced the previous hearing when Mr. Miller was brought forth here before the hearing examiner, gone through the appeal process. Now we're going through the appeal process again with Diane Miller. Q. Is it fair to say that this property is a very prime concern and hot topic in your department? A. I would say it's one of the -- one of the properties that, as Code Compliance Division, we have to spend a lot of time and a lot of effort in trying to get the property into compliance with the Renton Municipal Codes. Q. And that's because you're getting complaints from the neighbors; is that right? A. The complaints are base driven. And I have watched Marilyn spend numerous months trying to resolve this matter. And that's where we're at today. 95 1 Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.COM 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. How many property owners have you met with in regards to code compliance issues? A. Sir, I've been doing this for 18 years. I've met with many, many, many, many, property owners. Q. Could you give us a guess as to how many? A. I don't know, maybe a hundred, maybe more. Q. And how many have you met with between the time when you met Mr. Miller and today? A. About 90 people. Q. Can you recall each of those conversations that you had with each of those property owners? A. Yes, sir, I can recall those, if -- if I have to meet with the property owner. I take my job very serious. I have a passion for it, and I remember just about everything on all my cases. Q. So you can recall 90 different conversations right down to specific detail of each conversation? A. If I have to, yes. Q. That's a very good memory, Mr. Wilson. A. Thank you. MR. DAVIS: I don't have any other questions. THE DIRECTOR: Thank you, sir. Any further rebuttal? MR. BARBER: No. THE DIRECTOR: Any rebuttal on Mr. Miller's Watkins Court Reporters - Seattle, Washington 206-622-4044 www.watkinsreporters.com 6/18/2009 Transcript of Digitally Recorded Proceedings 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 part? Okay. At this time, we have a couple of what I perceive as gaps. One, the Exhibit I was not provided to Mrs. Miller or her representative. So I would like the City to make that available. What I intend to do at this point, unless there is further testimony, is to close the hearing but to leave the record open for one week. We will be taking -- be taking any additional written testimony, evidence that either party would like to submit. That would need to be in my office no later than 5:00 p.m. next Thursday, June 25th. And I'm in this building on the sixth floor. So hopefully, that will give you at least a little additional time to put together some of your responses. There have been some legal issues raised here. If those could be put into a paper, it carries more weight. We can carry it forward with the open record and make perhaps a little bit better than what I will be able to do in my decision. So I would appreciate that. And then following that one week, I will try to proceed as quickly as I can to getting a decision and getting that to all parties and allowing us to move forward. I want to thank everybody for being here today. 97 Watkins Court Reporters - Seattle, Washington 206-622-4044 wvm.watkinsreporters.cotn 6/18/2009 Transcript of Digitally Recorded Proceedings it's been a long hearing. And there have been a long issue of concern to a variety of people, including the property owner and the neighbors, and try to make the best decision here possible. Again, thank you very much for attending. MR. DAVIS: Thank you very much. MR. BARBER: Mr. Director? THE DIRECTOR: Yes. MR. BARBER: Before we conclude, my understanding is that what is in Exhibit 1 is the contents of this notebook. And I am providing a copy of that now to Mr. Davis. MR. DAVIS: Very good. Thank you very much. THE DIRECTOR: Okay. Thank you very much. Thank you. Okay. We are closed. We are adjourned. Thank you very much. (End of taped proceedings.) Watkins Court Reporters - Seattle, Washington 206-622-4044 www.wattdnsreporters.COM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TRANSCRIBER CERTIFICATION I, Kelle A. Collins, CA CSR No. 10812, a Certified Shorthand Reporter in and for the State of California, do hereby certify that I reported, in machine shorthand, the foregoing verbatim transcript of recorded proceedings in the above -entitled cause; that the foregoing transcript was prepared by me and constitutes a true record of the recorded proceeding to the best of my ability. I further certify that I am not an attorney or counsel of any parties, nor a relative or employee of any attorney or counsel connected with the action, nor financially interested in the action. Entered this fl-+ day of Qc-4)62.,Y- 2009 A� C'6-� KELLE A. COLLINS, CA CSR 10812 KING COUNTY LAND USE CODES PROPERTY DEVELOPMENT STANDARDS Hearing Examiner City of Renton KING COUNTY LAND USE CODE TABLE OF CONTENTS • TITLE 19A: LAND SEGREGATION • TITLE 20: PLANNING • TITLE 21A: ZONING • CHAPTER 21 A.08: PERMITTED USES • CHAPTER 21A.12: DEVELOPMENT STANDARDS -DENSITY & DIMENSIONS • CHAPTER 21A.14: DEVELOPMENT STANDARDS- DESIGN REQUIREMENTS • CHAPTER 21A.16: DEVELOPMENT STANDARDS -LANDSCAPING & WATER USE • CHAPER 21A.18. DEVELOPMENT STANDARDS- PARKING & CIRCULATION • CHAPTER 21A.20: DEVELOPMENT STANDARDS -SIGNS • CHAPTER 21A.22: DEVELOPMENT STANDARDS -MINERAL EXTRACTION • CHAPTER 21A.24: CRITICAL AREAS • CHAPTER 21A.26: DEVELOPMENT STANDARDS -COMMUNICATION FACILITIES • CHAPTER 21A.28: DEVELOPMENT STANDARDS -ADEQUACY OF PUBLIC FACILITIES AND SERVICES • CHAPTER 21A.30: DEVELOPMENT STANDARDS -ANIMALS, HOME OCCUPATION, HOME INDUSTRY • CHAPTER 21A.32: GENERAL PROVISIONS -NONCONFORMANCE, TEMPORARY USES, AND RE -USE OF FACILITIES • CHAPTER 21A.34: GENERAL PROVISIONS -RESIDENTIAL DENSITY INCENTIVES • CHAPTER 21A.37: GENERAL PROVISIONS -TRANSFER OF DEVELOPMENT RIGHTS (TDR) • CHAPTER 21A.38: GENERAL PROVISIONS -SPECIFIC DEVELOPMENT STANDARDS/SPECIAL DISTRICT OVERLAYS • CHAPTER 21A.39: GENERAL PROVISIONS -URBAN PLANNED DEVELOPMENTS CHAPTER 21A.40: APPLICATION REQUIREMENTSNOTICE METHODS • CHAPTER 21A.41: COMMERCIAL SITE DEVELOPMENT PERMITS • CHAPTER 21A.42: REVIEW PROCEDURES/NOTICE REQUIREMENTS • CHAPTER 21A.43: IMPACT FEES • CHAPTER 21A.44: DECISION CRITERIA • CHAPTER 21A.45: HOMELESS ENCAMPMENTS • CHAPTER 21A.50: ENFORCEMENT • CHAPTER 21A.55: DEMONSTRATION PROJECTS LAND SEGREGATION Title 19A LAND SEGREGATION Chapters: 19A.01 Purpose 19A.04 Definitions 19A.08 Administration 19A.12 Subdivisions and Short Subdivision 19A.15 Final Plat and Final Short Plat Maps for preliminarily Approved Subdivisions and Short Subdivisions 19A.20 Binding Site Plans 19A.24 Condominiums 19A.28 Minor Adjustments (King County 9-2004) 19A---1 BLANK 19A-2 PURPOSE 19A.01.010 Chapter 19A.01 PURPOSE Sections: 19A.01.010 Purpose. 19A.01.010 Purpose. The purpose of this title is to: A. Establish the authority and procedures for segregating land in King County. B. Define and regulate divisions of land that are exempt from the short subdivision or subdivision requirements. C. Insure consistency with and implement the King County Comprehensive Plan as amended in accordance with the Washington State Growth Management Act, RCW 36.70A.120. D. Require uniform monumenting of land subdivisions and conveyance by accurate legal description. E. Protect and preserve the public health, safety and general welfare in accordance with the standards established by King County and the state of Washington. F. Insure consistency with chapter 58.17 RCW_ (Ord. 13694 § 2, 1999). (King County 9-2004) 19A-3 BLANK 19A-4 DEFINITIONS 19A.04.010-19A.04.020 Chapter 19A.04 DEFINITIONS Sections: 19A.04.010 Acre. 19A.04.020 Alteration. 19A.04.030 Applicant. 19A.04.040 Binding site plan. 19A.04.050 Building envelope. 19A.04.060 Building site. 19A.04.070 Civil engineer. 19A.04.080 Condominium. 19A.04.090 Dedication 19A.04.100 Department. 19A.04.110 Development engineer. 19A.04,120 Director. 19A.04.130 Easement. 19A.C4.140 Engineered preliminary drainage plan. 19A.04.150 Financial guarantee. 19A.04,160 General site plan. 19AA4.170 Homeowners' association. 19A.04.180 Improvements. 19A.04.190 Innocent purchaser. 19A.04.200 Land surveyor. 19A.04.210 Lot. 19A.04.220 Nonbuilding lot_ 19A.04.230 Ownership interest. 19A.04.240 Parent parcel. 19A.04.250 Plat, final. 19A.04.260 Plat, preliminary. 19A_04.270 Revisions. 19A.04.280 Segregation. 19A.04.290 Short plat, final. 19A.04.300 Short plat, preliminary. 19A.04.310 Short subdivision. 19A.04.320 Subdivision. 19A.04.330 Tract, 19A.04.010 Acre. Acre: an area of land equal to forty-three thousand, five hundred sixty square feet. (Ord. 13694 § 3, 1999), 19A.04.020 Alteration. Alteration: the modification of a previously recorded plat, short plat, binding site plan, or any portion thereof, that results in modifications to conditions of approval, the addition of new lots or more land, or the deletion of existing lots or the removal of plat or lot restrictions or dedications that are shown on the recorded plat. (Ord. 13694 § 4, 1999). (King County 9-2004) 19A----5 19A.04.030 - 19A.04.120 LAND SEGREGATION 19A.04.030 Applicant. Applicant: a property owner, or a public agency or public or private utility that owns a right-of-way or other easement or has been adjudicated the right to such easement pursuant to RCW 8,12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. (Ord. 13694 § 5, 1999). 19A.04.040 Binding site plan. Binding site plan: a plan drawn to scale processed in accordance with " K.C.C. 19A.16.080 through 19A.20.040 and chapter 58.17 RCW. (Ord. 13694 § 6, 1999). *RevisePs note: The reference to "sections 66 through 73 of this ordinance," codified as K.C.C. 19A.16.080 through 19A.20.040, appears to be erroneous. Reference to K C. C. 19A.20.010 through 19A.20.060 was apparently Intended 19A.04.050 Building envelope. Building envelope: the area of a lot that delineates the limits of where a building may be placed on a lot. (Ord. 13694 § 7, 1999). 19A.04.060 Building site. Building site: an area of land, consisting of one or more lots or portions of lots, that is: A. Capable of being developed under current federal, state, and local statutes, including zoning and use provisions, dimensional standards, minimum lot area, minimum lot area for construction, minimum lot width, shoreline master program provisions, critical area provisions and health and safety provisions; or B. Currently legally developed. (Ord. 15031 § 4, 2004: Ord. 13694 § 8, 1999). 19A.04.070 Civil engineer. Civil engineer an individual registered and licensed as a professional civil engineer pursuant to chapter 18.43 RCW. (Ord_ 13694 § 9, 1999). i9A.04.080 Condominium. Condominium: real property, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions as defined in chapters 64.32 and 64.34 RCW. Real property is not a condominium unless the undivided interests in the common elements are vested in the unit owners and unless a declaration, survey map and plans have been recorded pursuant to chapter 64.32 or 64.34 RCW. (Ord. 13694 § 11, 1999). 19A.04.090 Dedication. Dedication: the deliberate conveyance of land by an owner for any general and public uses, reserving no rights other than those that are compatible with the full exercise and enjoyment of the public uses for which the property has been conveyed. The intention to dedicate shall be evidenced by the owner by the presentment for fling of a final plat, short plat or binding site plan showing the dedication thereon or quit claim deed. The acceptance by the public shall be evidenced by the approval of such plat, short plat, binding site plan or quit claim deed for fling by the county. (Ord. 13694 § 12, 1999). 19A.04.100 Department. Department: the King County department of development and environmental services. (Ord. 13694 § 13, 1999), 19A.04.110 Development engineer. Development engineer: the director of the department of development and environmental services or his or her designee, authorized to oversee the review, conditioning, inspection and acceptance of right-of-way use permits, road and drainage projects constructed pursuant to permits administered by the department and required pursuant to this title. The designee shall be a professional civil engineer registered and licensed pursuant to chapter 18.43 RCW. (Ord. 13694 § 14, 1999). 19A.04.120 Director. Director: the director of the King County department of development and environmental services or his or her designee. (Ord. 13694 § 15, 1999). 19A�6 (King County 9-2004) DEFINITIONS 19A.04.130-19A.04.230 19A.04.130 Easement. Easement: a right granted by a property owner to specifically named parties or to the public for the use of certain land for specified purposes, that may include, but are not limited to, road access, pedestrian or bicycle pathways, minerals, utility easements, drainage and open space. (Ord. 13694 § 16, 1999)_ 19A.04.140 Engineered preliminary drainage plan. Engineered preliminary drainage plan: a preliminary plan, consistent with the King County Surface Water Design Manual, that shows the locations, types and approximate sizes of the proposed drainage and conveyance facilities, including any required bioswales, wetponds or other water quality facilities. (Ord. 13694 § 10, 1999)_ 19A.04.150 Financial guarantee. Financial guarantee: a form of financial security posted to ensure timely and proper completion of improvements, compliance with the King County Code or to warrant materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposits, surety bonds and other forms of financial security acceptable to the director. (Ord. 13694 § 17, 1999). 19A.04.160 General site plan. General site plan: a site plan approved pursuant to this title that is not based on a recorded final planned unit development, a building permit, an as -built site plan for developed sites or a site development permit issued for the entire site_ (Ord. 13694 § 18, 1999). 19A.04.170 Homeowners' association. Homeowners' association: any combination or grouping of persons or any association, corporation or other entity that represents homeowners residing in a short subdivision, subdivision or binding site plan. A homeowners' association need not have any official status as a separate legal entity under the laws of the state of Washington. (Ord. 13694 § 19, 1999). 19A.04.180 improvements. improvements: constructed appurtenances, including but not limited to road and drainage construction, utility installation, recreational features, lot grading prior to a building permit, plat monument signs, survey monuments. (Ord. 13694 § 20, 1999), 19A.04.190 Innocent purchaser. Innocent purchaser: an individual who has purchased real property for value and states under oath that he or she had no knowledge at any time prior to or during the sale that the lot had been or is being created in violation of the provisions of this title. (Ord. 13694 § 21, 1999). 19.04.200 Land surveyor. Land surveyor: an individual licensed as a land surveyor pursuant to chapter 18.43 RCW. (Ord. 13694 § 22, 1999). 19.04.210 Lot. Lot: a physically separate and distinct parcel of property that has been created pursuant to the provisions of this title, or pursuant to any previous laws governing the subdivision, short subdivision or segregation of land. (Ord. 13694 § 23, 1999). 19A.04.220 Nonbuilding lot. Nonbuilding lot: a lot created defined as a nonbuilding lot on the face of the plat or short plat, for which improvements for the purpose of human habitation or occupancy are prohibited_ (Ord_ 13694 § 24, 1999). 19A.04.230 Ownership interest. Ownership interest: having property rights as a fee owner, contract purchaser. (Ord. 13694 § 25, 1999). 19A -7 (King County 9-2004) 19A,04.240 - 19A04.330 LAND SEGREGATION 19A.04.240 Parent parcel. Parent parcel: each existing lot that is located within the perimeter of a proposed boundary line adjustment application_ (Ord. 13694 § 35, 1999). 19A.04.250 Plat, final. Final plat: the final drawing of the subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in this title and in chapter 58.17 RCW. (Ord. 13694 § 26, 1999). 19A.04.260 Plat, preliminary. Preliminary plat: a neat and approximate drawing of a proposed subdivision snowing the general layout of streets, alleys, lots, blocks and other elements of a subdivision required by this title and chapter 58.17 RCW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (Ord. 13694 § 27, 1999). 19A.04.270 Revisions. Revisions: a change prior to recording of a previously approved preliminary plat, preliminary short plat or binding site plan that includes, but is not limited to, the addition of new lots, tracts or parcels. (Ord. 13694 § 28, 1999). 19A.04.280 Segregation. Segregation: a division of land by any of the following means: subdivisions, short subdivisions, binding site plans and divisions described in K.C.C. 19A.04.040. (Ord. 13694 § 29, 1999). 19A.04.290 Short plat, final. Final short plat: the final drawing of the short subdivision and dedication prepared for filing with the county auditor and containing all elements and requirements set forth in this title and in chapter 58.17 RCW. (Ord. 13694 § 30, 1999). 19A.04.300 Short plat, preliminary. Preliminary short plat: a neat and approximate drawing of a proposed short subdivision showing the general layout of streets, alleys, lots, blocks and other elements of a short subdivision required by this title and chapter 58.17 RCW. The preliminary short plat shall be the basis for the approval or disapproval of the general layout of a subdivision. (Ord_ 13694 § 31, 1999). 19A.04.310 Short subdivision. Short subdivision: inside the Urban Growth Area, a division or redivision of land into nine or fewer lots, tracts, parcels or sites for the purpose of the sale, lease or transfer of ownership. Outside the Urban Growth Area, a division or redivision of land into four or fewer lots, tracts, parcels or sites for the purpose of sale, lease or transfer of ownership. (Ord. 14788 § 1, 2003: Ord. 13694 § 32, 1999). 19A.04.320 Subdivision. Subdivision: outside the Urban Growth Area, a division or redivision of land into five or more lots, tracts or parcels for the purpose of sale, lease or transfer of ownership; inside the Urban Growth Area, a division or subdivision of land into ten or more lots, tracts or parcels for the purpose of sale, lease or transfer of ownership. (Ord. 14788 § 2, 2003: Ord_ 13694 § 33, 1999). 19A.04.330 Tract. Tract: land reserved for specified uses including, but not limited to, reserve tracts, recreation, open space, sensitive areas, surface water retention, utility facilities and access. Tracts are not considered lots or building sites for purposes of residential dwelling construction. (Ord. 13694 § 34, 1999), 19A--8 (King County 9-2004) ADMINISTRATION Chapter 19A.08 ADMINISTRATION 19A.08.010 - 19A.08.040 Sections: 19A.08.010 Scope of chapter. 19A.08.020 Adverse possession lawsuit — consent or judgment required. 19A.08.030 Transfer of land or granting of an easement to a public agency. 19A.08.040 Exemptions — subdivision and short subdivision. 19A_08.045 Limitations in closed basins. 19A.08.050 Recording map and legal descriptions. 19A.08.060 Review for conformity with other codes, plans and policies. 19A.08.070 Determining and maintaining legal status of a lot. 19A.08.080 Removing limitations on nonbuilding lots. 19A.08.090 Determining innocent purchaser status. 19A.08.100 Public street rights -of -way_ 19A_08.110 Limitations within future road corridors. 19A.08.120 Affidavit of correction. 19A,08.130 Vertical and horizontal survey controls. 19A.08.140 Financial guarantees. 19A.08.150 Application requirements for preliminary plats, preliminary short plats and preliminary binding site plans. 19A.08.160 Minimum subdivision and short subdivision improvements. 19A.08.170 Violations and enforcement. 19A.08.180 Circumvention of zoning density prohibited. 19A.08.190 Rules. 19A.08.010 Scope of chapter. This chapter contains provisions general to the administration of land segregation_ Any segregation of land is subject to the provisions of this title except as stated herein. (Ord. 13694 § 36, 1999). 19A.08.020 Adverse possession lawsuit — consent or judgment required. Applications for segregation allowed by this title concerning lands on which there is a pending lawsuit for adverse possession will not receive final approval without the consent of the adverse possession claimant or until a trial court judgment settling the lawsuit is entered. (Ord. 13694 § 37, 1999). 19A.08.030 Transfer of land or granting of an easement to a public agency. The transfer of land or granting of an easement to a public agency for road and utility purposes shall not be considered a segregation of land_ (Ord. 13694 § 38, 1999). 19A.08.040 Exemptions -- subdivision and short subdivision. The subdivision and short subdivision provisions of this title shall not apply to: A. Divisions of lands for cemeteries and other burial plots while used for that purpose. B_ Divisions of land into lots or tracts each one of which is one -sixteenth of a section of land or larger, or forty acres or larger if the land is not capable of description as a fraction of a section of land; provided, that for purposes of computing the size of a lot that borders on a street or road, the lot size shall be expanded to include that area that would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line and further provided that within the resource zones, each lot or tract shall be of a size that meets the minimum lot size requirements of K.C.G. 21A.12.040.A for the respective zone. C. Divisions of land into lots or tracts that are one -one hundred twenty-eighth of a section, or five acres or larger only for the purpose of allowing fee simple purchase or deeding of such lots or tracts to public agencies. i 9A-9 (King County 9-2004) 19A.08.040 - 19A.08.060 LAND SEGREGATION D. Divisions of land made by testamentary provisions or laws of descent. E. Divisions of land into lots or tracts consistent with RCW 58.17.040(7), for which a condominium binding site plan has been recorded in accordance with the binding site plan provisions set forth in this title. F. An adjustment of boundary lines in accordance with the provisions of this title. G. Divisions of land for the purpose of lease when no residential structures other than mobile homes are permitted to be placed upon the land and for which a binding site plan for the use of the land as a mobile home park has been approved by the director. H. Divisions of land by binding site plan into lots or tracts classified for industrial or commercial use consistent with the binding site plan provisions of this title. I. Divisions of land by a public roadway or freeway, as defined by the King County Roadway Functional Classification System, that is planned, established, financed and constructed by a state or county agency after January 1, 2000. (Ord. 13694 § 39, 1999). 19A.08.045 Limitations in closed basins. In a closed basin, as defined by chapters 173-507, 173-503, 173-509, 173-510 and 173-515 WAC, an application for further segregation may not be submitted within five years after recording, if the application relies on a public water system created to provide domestic water that uses an exempt well under RCW 90.44.050 or proposes an additional exempt well and the proposed segregation will result in the creation of more than six lots within the boundaries of the original subdivision or short subdivision. (Ord. 15031 § 1, 2004). 19A.08.050 Recording map and legal descriptions. The final recording map and legal description of a plat, short plat, boundary line adjustment or binding site plan shall be prepared by a land surveyor in accordance with chapter 58.09 RCW and chapter 332-130 WAC, Surveys and Recording, and be recorded with the county office of records and elections as required by this title. (Ord. 13694 § 40, 1999). 19A.08.060 Review for conformity with other codes, plans and policies. Applications for approvals pursuant to this title shall be reviewed in accordance with the applicable procedures of any combination of this title and K.C.C. chapters 20.20 and 20.24. Furthermore, applications for subdivisions, short subdivisions and binding site plans may be approved, approved with conditions or denied in accordance with the following adopted county and state rules, regulations, plans and policies including, but not limited to: A. Chapter 43.21 C RCW (SEPA); B. Chapter 58.17 RCW (Subdivisions); C. Chapters 36.70A and 36.7013 RCW (Growth Management and Project Review); D. K.C.C. Title 9 (Surface Water Management); E. K.C.C. Title 13 (Sewer and Water); F. K.C.C. Title 14 ( Roads and Bridges); G. K.C.C. Title 17 (Fire Code); H_ K.C.C, chapter 20.44 (SEPA); 1. K.C.C. Title 21A (Zoning); J. K.C.C. Title 23 (Code Enforcement); K. K.C.C. Title 25 (Shoreline Master Program); L. Administrative rules adopted pursuant to K.C.C. chapter 2.98; M. King County board of public health rules and regulations; N. King County approved utility comprehensive plans; O. King County Comprehensive Plan; P. County wide Planning Policies; 0. This title. (Ord. 13694 § 41, 1999). 19,E-10 (King County 9-2004) ADMINISTRATION 19A.08. 070 19A.08.070 Determining and maintaining legal status of a lot. A. A property owner may request that the department determine whether a lot was legally segregated. The property owner shall demonstrate to the satisfaction of the department that, a lot was created, in compliance with applicable state and local land segregation statutes or codes in effect at the time the lot was created, including, but not limited to, demonstrating that the lot was created: 1. Prior to June 9, 1937, and has been: a. provided with approved sewage disposal or water systems or roads; and b.(1) conveyed as an individually described parcel to separate, noncontiguous ownerships through a fee simple transfer or purchase prior to October 1, 1972; or (2) recognized prior to October 1, 1972, as a separate tax lot by the county assessor, 2 Through a review and approval process recognized by the county for the creation of four lots or less from June 9, 1937, to October 1, 1972, or the subdivision process on or after June 9, 1937; 3. Through the short subdivision process on or after October 1, 1972; or 4. Through the following alternative means allowed by the state statute or county code: a. for the raising of agricultural crops or livestock, in parcels greater than ten acres, between September 3, 1948, and August 11, 1969; b. for cemeteries or other burial plots, while used for that purpose, on or after August 11, 1969; c_ at a size Five acres or greater, recorded between August 11, 1969, and October 1, 1972, and did not contain a dedication; d. at a size twenty acres or greater, recognized prior to January 1, 2000, provided, however, for remnant lots not less than seventeen acres and no more than one per quarter section; e. upon a court order entered between August 11, 1969, to July 1, 1974; f. through testamentary provisions or the laws of descent after August 10, 1969; g. through an assessor's plat made in accordance with RCVV 58.18.010 after August 10, 1969; h. as a result of deeding land to a public body after April 3, 1977, and that is consistent with King County zoning code, access and board of health requirements so as to qualify as a building site pursuant to K.C.C. 19A.04.050; or i. by a partial fulfillment deed pursuant to a real estate contract recorded prior to October 1, 1972, and no more than four lots were created per the deed. B. In requesting a determination, the property owner shall submit evidence, deemed acceptable to the department, such as: 1. Recorded subdivisions or division of land into four lots or less; 2. King County documents indicating approval of a short subdivision; 3. Recorded deeds or contracts describing the lot or lots either individually or as part of a conjunctive legal description (e.g. Lot 1 and Lot 2); or 4. Historic tax records or other similar evidence, describing the lot as an individual parcel. The department shall give great weight to the existence of historic tax records or ,tax parcels in making its determination. C. Once the department has determined that the lot was legally created, the department shall continue to acknowledge the lot as such, unless the property owner reaggregates or merges the lot with another lot or lots in order to.- 1. Create a parcel of land that would qualify as a building site, or 2. Implement a deed restriction or condition, a covenant or court decision. b_ The department's determination shall not be construed as a guarantee that the lot constitutes a building site as defined in K.C.C. 19A.04.050. E. Reaggregation of lots after January 1, 2000, shall only be the result of a deliberate action by a property owner expressly requesting a permanent merger of two or more lots. (Ord. 15031 § 2, 2004: Ord. 13694 § 42, 1999). 19A--11 (King County 9-2004) 19A.08.080-19A.08.110 LAND SEGREGATION 19A.08.080 Removing limitations on nonbuilding lots. Limitations placed on a nonbuilding lot may be removed and the lot recognized by King County as a building lot by approval of a subdivision, short subdivision, binding site plan or alteration of a plat, short plat or binding site plan. (Ord. 13694 § 43, 1999), 19A.08.090 Determining innocent purchaser status. A. An innocent purchaser of a parcel divided in violation of King County subdivision requirements who files a notarized affidavit of innocent purchase with the department on forms approved by the director may seek to establish the parcel's eligibility for county development approvals and for lawful future conveyance; provided that nothing herein is intended to exempt development on innocent purchaser lots from compliance with development standards of the county's zoning code. B. All contiguous parcels divided in violation of this title that are under common ownership at the time of application for innocent purchaser status shall be recognized only as a single lot. C_ Innocent purchaser status shall not be granted to any individual or group more than once. (Ord. 13694 § 44, 1999). 19A.08.100 Public street rights -of -way. Dedication or deeding to the county of right-of-way or a portion thereof for public streets shall be required within or along the boundaries of all binding site plans, subdivisions and short subdivisions or of any lot or lots within them, under the following circumstances, where facts support that such dedication is reasonably necessary as a result of the impact created by the proposed development: A. Where the six -year capital improvement plan or transportation needs report indicates the necessity of a new right-of-way or portion thereof for street purposes; B. Where necessary to extend or to complete the existing or future neighborhood street pattern; C. Where necessary to provide additions of right-of-way to existing county right-of-way; D. Where necessary to comply with county road standards and King County road plans; E. - Where necessary to provide a public transportation system that supports future development of abutting property consistent with the King County Comprehensive Plan or King County zoning code, provided that the right-of-way shall: 1. Provide for vehicular and pedestrian circulation within and between neighborhoods; 2. Provide local traffic alternatives to the use of arterial streets; and 3. Reduce potential traffic impacts to existing residential access streets. (Ord, 13694 § 45, 1999). 19A.08.110 Limitations within future road corridors. In order to allow for the development of future road corridors that would complete the public circulation system or that would provide a sole source of access for an abutting property, the county may limit improvements within specific areas of a proposed binding site plan, subdivision or short subdivision. These limitations may preclude the construction of buildings, driveways, drainage facilities or other improvements within the specified areas. (Ord. 13694 § 46, 1999). 19A—i2 (King County 9-2004) ADMINISTRATION 19A.08.120 - 19A.08.140 19A.08.120 Affidavit of correction. A. Any map page or document recorded with the records and elections division, or its successor agency, under the provisions of this title that contains an error in fact or omission may be amended by an affidavit of correction. The following types of errors may be corrected by affidavit: 1. Any courses, distances or elevations omitted from the recorded document; 2. An error in any courses, distances or elevations shown on the recorded document; 3. An error in the description of the real property shown on the recorded document; 4. An error in the field location of any shown easement; or b. Any other error or omission where the error or omission is ascertainable from the data shown on the recorded document. B. Nothing in this section shall be construed to permit changes in courses, distances or elevations for the purpose of redesigning lot or tract configurations. C. The affidavit of correction shall contain the seal and signature of the land surveyor making the correction. D. The affidavit of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property materially affected by the correction. The notarized signatures of the owners shall be required, if deemed necessary by the department. E. The affidavit of correction form, as provided by the department, shall be submitted to the department for review and approval and shall include signatures of the development engineer, the director of the department, the King County assessor and the manager of the King County records and elections division, or its successor agency. After department approval, the affidavit shall be recorded with the records and elections division, or its successor agency. Submittals shall include payment of fees as authorized by K.C.G. Title 27. F. Should a nonsurvey-related error occur on the recorded document as a result of information required to be placed on the document by the department, the department's responsible land surveyor may prepare the affidavit providing the original land surveyor has no objections. The seal and signature of the department's responsible land surveyor making the correction shall be affixed to the affidavit. A copy of the affidavit shall be mailed by the department to the original land surveyor following recording. (Ord_ 14176 § 3, 2001: Ord. 13694 § 47, 1999). 19A.08.130 Vertical and horizontal survey controls. A. Vertical requirements. The vertical datum on all engineering plans, plats, binding site plans and short plats shall be the North American vertical datum of 1988 and shall [be] tied to at least one King County Survey Control Network benchmark. The benchmark will be shown on the plans, if a Icing County Survey Control Network benchmark does not exist within one-half mile of the subject property, or two hundred fifty feet or greater of total vertical difference exists between the starting benchmark and the project, an alternate vertical datum may be used. B. Horizontal requirements. The horizontal component of all plats, binding site plans and short plats shall have the North American datum of 1983/91 as its coordinate base and basis for bearings. All horizontal control for these projects shall be referenced to a minimum of two King County Survey horizontal control monuments. if two horizontal control monuments do not exist within one mile of these projects, an alternate coordinate base and basis of bearings may be used. (Ord. 13694 § 48, 1999). 19A.08.140 Financial guarantees. Notwithstanding any other provision of this title, the director is authorized to require all applicants issued permits or approvals under the provisions of this title to post financial guarantees consistent with the provisions of K.C.C. Title 27A. (Ord. 13694 § 49, 1999). 19A---13 (King County 9-2004) 19A.08.150 LAND SEGREGATION 19A.08.150 Application requirements for preliminary plats, preliminary short plats and preliminary binding site plans. The following application requirements shall be required in addition to those application requirements described in K.C.C. 20.20.040: A. A title report issued within thirty days of application, showing all persons having an ownership interest, a legal description describing exterior boundary of application site and listing all encumbrances affecting the site. B. A map prepared by a land surveyor showing the following: 1. Location of all physical and legal description encroachments affecting the boundary between the application site and the adjoining parcels. Encroachments may be from the application site onto the adjoining parcels or from the adjoining parcels onto the application site; 2. Contours based upon topographic field survey. For land inside the urban growth boundary, contour intervals shall be at two -foot intervals when slopes are fifteen percent or less and five-foot intervals for slopes exceeding fifteen percent. The preliminary map shall contain notes indicating that contours are based upon field survey_ A field topographic base map shall accompany the application. If approved by the department, field survey may be waived for large areas of open space or extensive sensitive area tracts. Two temporary benchmarks must be shown within the application site along with the appropriate elevation and datum; 3_ A legal description of application site as shown in the title report; 4. The proposed layout of lots, tracts, right -of --way and easements, along with existing utilities and areas of proposed dedications- 5- The purpose of any tracts and dedications proposed within the application site; 6. All easements, listed in the title report, capable of being plotted on the map; 7. Field -verified survey of location of all known sensitive areas including, but not limited to, streams, wetlands and steep slopes that may affect the proposal. Show the approximate one hundred -year floodplain of sensitive areas, where applicable; 8. Name of proposal; 9. North arrow, scale and date of map and revisions when applicable; 10. Location of adjoining parcels and buildings within one hundred feet of the site shall be shown and delineated by dashed lines. The zoning of the parcels shall also be identified; 11. Name and location of all existing adjoining right-of-way along with the name and location of any adjoining or internal right-of-way proposed to be vacated with the proposal; 12_ A vicinity map; and 13. An engineered preliminary drainage plan. C. A proposed binding site plan shall be deemed to have satisfied the requirements of K.C.C. 19A,08.150B when the binding site plan is based on a recorded final planned unit development, building permit, as -built site plan for developed sites or a site development permit for the entire site. (Ord. 13694 § 50, 1999), 19A-14 (King County 9-2004) ADMINISTRATION 19A.08.160 - 19A.08.190 19A.08.160 Minimum subdivision and short subdivision improvements. A. Prior to final recording of a plat or short plat, the following minimum improvements shall be constructed consistent with the approved plans, except that the director may allow posting of a financial guarantee in the event that expiration of the plat or short plat is imminent or other extraordinary circumstances prevent the construction of such improvements. 1. Drainage facilities and erosion control measures consistent with K.G.C. 9.04.090; 2. Water mains and hydrant installed and fire flow available, if required; 3. Roadways graded to all lots within the subdivision or short subdivision and capable of providing access by passenger vehicle; 4. Specific site improvements required by the preliminary plat approval ordinance or preliminary short plat approval decision, if the decision requires completion prior to plat recording; 5. Delineation of sensitive areas that are to remain undeveloped; 6. Temporary control monuments set by a land surveyor, located in conformance with this title, and in place at final inspection. Permanent monuments and control points shall be set and verified by a land surveyor within ninety days of the final lift of asphalt; and 7. Improvements without which the director determines a safety hazard would exist. B. The director shall have right of entry onto any lot, tract, easement or parcel that is part of the final plat or short plat to ensure compliance with the minimum subdivision improvements required in subsection A of this section. (Ord. 13694 § 51, 1999). 19A.08.170 Violations and enforcement. Any person or entity who violates any provision of this title shall, in addition to any remedies and sanctions provided for under state law, be subject to the enforcement provisions of K.C.C. Title 23_ (Ord. 13694 § 52, 1999). 19A.08.180 Circumvention of zoning density prohibited. A legal lot, which has been subject to a boundary line adjustment or created through a legally recognized land segregation process and is of sufficient land area to be subdivided at the density applicable to the lot, may be further segregated. However, such further segregation of the lot shall not be permitted if the total number of lots contained within the external boundaries of the lots subject to the original boundary line adjustment or the total number of lots contained within the external boundary of the parcel subject to the original land segregation, exceed the density allowed under current zoning. (Ord. 13694 § 53, 1999). 19A.08.190 Rules. The director is authorized to adopt rules to implement the provisions of this title pursuant to K.C.C. chapter 2.98. (Ord. 13694 § 54, 1999). 19,-15 BLANK (King County 9-2004) MOT. -IMP SUBDIVISIONS AND SHORT SUBDIVISIONS 19A.12.010 - 19A.12.020 Chapter 19A.12 SUBDIVISIONS AND SHORT SUBDIVISIONS Sections: 19A.12.010 Purpose. 19A_12.020 Preliminary approval of subdivision. 19A.12.030 Revisions of preliminary subdivisions. 19A.12.040 Preliminary short subdivision -- approval time. 19A.12.050 Limitations for short subdivisions. 19A.12.060 Revisions of preliminary short subdivisions. 19A.12.010 Purpose. The purpose of this chapter is to specify requirements for the segregation of land into short subdivisions and subdivisions, in accordance with applicable Washington state and King County laws, rules and regulations, including permit processing procedures required by K.C.C_ chapter 20.20. (Ord. 14788 § 3, 2003: Ord. 13694 § 55, 1999). 19A.12.020 Preliminary approval of subdivision. A. Preliminary subdivision approval shall be effective for a period of sixty months. B. Preliminary subdivision approval shall be considered the basis upon which the applicant may proceed toward development of the subdivision and preparation of the final plat subject to all the conditions of the preliminary approval. C. If the final plat is being developed in divisions, and final plats for all of the divisions have not been recorded within the time limits provided in this section, preliminary subdivision approval for all unrecorded divisions shall become void_ The preliminary subdivision for any unrecorded divisions must again be submitted to the department with a new application, subject to the fees and regulations applicable at the time of submittal. D_ An urban planned development permit, fully contained community permit, or development agreement approved pursuant to K.C.C. chapter 21A,39 may extend the preliminary approval period beyond sixty months for any preliminary subdivision approved simultaneous or subsequent to the urban planned development permit or fully contained community permit. Such extensions may be made contingent upon satisfying conditions set forth in the urban planned development permit, fully contained community permit or development agreement. In no case shall the extended preliminary approval period exceed the expected buildout time period of the urban planned development or fully contained community as provided in the urban planned development permit, fully contained community permit or development agreement. This section shall apply to any approved urban planned development permit, fully contained community permit or development agreement in existence on January 1, 2000, or approved subsequent to January 1, 2000. P. For any plat with more than four hundred lots that is also part of the county's four to one program, the preliminary subdivision approval shall be effective for eighty-four months. This subsection applies to any preliminary plat approved by either the council or the hearing examiner, or both, on or after January 1, 1998, that relates to a four to one program with proposed plats containing more than four hundred lots. F. For any plat with more than fifty lots where fifty percent or more of those lots will constitute affordable housing which is housing for those that have incomes of less than eighty percent of median income for King County as periodically published by the United States Department of Housing and Urban Development, or its successor agency, and at least a portion of the funding for the project has been provided by federal, state or county housing funds, the preliminary subdivision shall be effective for seventy- two months. This subsection applies to any plat that has received preliminary approval on or after January 1, 1998. 19A-17 (King County 12-2004) 19A.12.020-19A.12.060 LAND SEGREGATION G. For any urban area plat that contains fewer than fifteen lots and that was required by preliminary plat conditions to install both septic tanks and dry sewers for eventual utility district connection, the preliminary subdivision shall be effective for a period of eighty months. This subsection shall apply to any plat that has received approval on or after January 1, 1998, and shall retroactively apply to such plats. For plats that have exceeded their otherwise effective approval period of sixty months, the preliminary approvals remain valid for the eighty -month period specified in this subsection if, within one month of the effective date of this ordinance, a request for administrative extension is submitted to and approved by the department. This subsection expires April 1, 2005. (Ord. 15055 § 2, 2004: Ord. 14747 § 2, 2003: Ord. 14113 § 2, 2001: Ord. 13694 § 56, 1999)_ 19A.12.030 Revisions of preliminary subdivisions. Applications to revise subdivisions that have received preliminary approval shall comply with the following: A. Revisions that result in any substantial changes as determined by the department, shall be treated as a new application for purposes of vesting and shall be reviewed as Type 3 land use decision pursuant to K.C.C. 20.20.020. For the purpose of this section, substantial change includes the creation of additional lots, the elimination of open space or changes to conditions of approval on an approved preliminary subdivision. B. Approval of the following modifications by the department shall not be considered revisions: 1. Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary subdivision approval; 2. Changes in lot dimensions that are consistent with K.C_C_ Title 21A; 3. A decrease in the number of lots to be created so long as the decrease allows for future compliance with the minimum density provisions of K.C.C. Title 21A, if applicable. (Ord. 13694 § 57, 1999). 19A.12.040 Preliminary short subdivision - approval time. Preliminary approval of a short subdivision shall be effective for a period of sixty months, except the approval period shall be eighty-four months for any short plat or plats that were part of a development agreement or intedocal agreement entered into after January 1, 1996, that included at least four hundred acres of open space dedications and urban land designations at a four -to -one ratio, (Ord. 14788 § 4, 2003. Ord. 13694 § 58, 1999), 19A.12.050 Limitations for short subdivisions. A. Inside the Urban Growth Area, a maximum of nine lots may be created by a single application. Outside the Urban Growth Area, a maximum of four lots may be created by a single application. B. An application for further segregation may not be submitted within five years after recording, except through the filing of a subdivision application or unless the short plat contains fewer than nine lots inside the Urban Growth Area or fewer than four lots outside the Urban Growth Area, in which case an alteration application may be submitted to create a cumulative total of up to nine lots inside the Urban Growth Area or up to four lots outside of the Urban Growth Area within the original short plat boundary. C. A maximum of nine lots inside the Urban Growth Area or eight lots outside the Urban Growth area may be created from two or more contiguous parcels with any common ownership interest. (Ord. 15031 § 4, 2004: Ord. 14788 § 5, 2003: Ord. 13694 § 59, 1999). 19A.12.060 Revisions of preliminary short subdivisions. Applications to revise short subdivisions that have received preliminary approval shall comply with the following: A. Revisions that result in any substantial changes as determined by the department, shall be treated as a new application for purposes of vesting and shall be reviewed as Type 2 land use decision pursuant to K.C.C. 20.20.020. For the purpose of this section, substantial change includes the creation of additional lots, the elimination of open space or changes to conditions of approval on an approved preliminary short subdivision. B. Approval of the following modifications by the department shall not be considered revisions: 1, Engineering design, unless the proposed design alters or eliminates features specifically required as a condition of preliminary short subdivision approval,- 2. Changes in lot dimensions that are consistent with K.C.C. Title 21A; 3. A decrease in the number of lots to be created so long as the decrease allows for future compliance with the minimum density provisions of K_C.C. Title 21A, if applicable. (Ord. 13694 § 60, 1999). 19A-18 (King County 12-2004) FINAL PLAT AND FINAL SHORT PLAT MAPS FOR PRELIMINARILY 19A.16.010 - 19AA 6.030 APPROVED SUBDIVISIONS AND SHORT SUBDIVISIONS Chapter 19A.16 FINAL PLAT AND FINAL SHORT PLAT MAPS FOR PRELIMINARILY APPROVED SUBDIVISIONS AND SHORT SUBDIVISIONS Sections: 19A.16.010 Purpose. 19A.16.020 Phased development. 19A.16.030 Final plat and final short plat review procedures. 19A.16.040 Final plat and final short plat engineering plan review requirements. 19A.16.050 Contents of final plat and final short plat. 19A.16.060 Final forms. 19A.16.070 Alterations of final plats. 19A_16.080 Alterations of final short plats. 19A.16.090 Vacations of a final plat or final short plat. 19A.16.010 Purpose. The purpose of this chapter is to specify provisions that must be satisfied prior to the final approval and recording of final plat and final short plat maps, for preliminarily -approved subdivisions and short subdivisions. (Ord. 13694 § 61, 1999)_ 19A.16.020 Phased development. Portions of an approved preliminary subdivision may be processed separately by the department for the purpose of recording divisions. All divisions shall be approved within the prescribed time limits for the preliminary subdivision, and all conditions of approval for each particular division must be met. (Ord. 13694 § 62, 1999). 19A.16.030 Final plat and final short plat review procedures. A. Following submittal of the engineering plans, a final plat or final short plat shall be surveyed by a land surveyor and submitted to the department for review and approval by the development engineer prior to recording_ If more than one sheet is required, an index sheet shall be included that must show the entire segregation with road names and lot numbers; B. All final plats and final short plats shall conform to the conditions of preliminary approval; C. Plat certificates or owners duplicate certificates for land registered pursuant to chapter 65.12 RCW shall be provided to the department prior to recording along with a copy of the last real estate transaction for all adjoining unplatted parcels. Supplemental plat certificates shall be provided to the department if the final plat or final short plat is not recorded within thirty days of the original certificate or supplemental certificate date- D. All applicable processing fees specified by K.C.C. Title 27 and any civil penalty assessed pursuant to K.C.C. Title 23 against a site being reviewed under this section shall be paid prior to recording; E. A deposit to cover anticipated taxes and assessments is required for final plats pursuant to chapter 58.08 RCW. A deposit, however, shall not be required for the filing of a final short plat_ The applicant shall also provide certification from the King County office of finance that property taxes for the subject property are not delinquent prior to the issuance of a final approval; F. Proof of sewer and water availability, including any required water rights, shall be submitted to the department and final health department approval shall be obtained prior to recording, if applicable; G. Upon approval by the department, the final plat or short plat shall be recorded with the county records and elections division; and H. A typewritten copy of protective deed covenants shall accompany the final plat or short plat, if applicable. (Ord. 13694 § 63, 1999). 19A-19 (King County 9-2004) 19A.16.040-19A.16.050 LAND SEGREGATION 19A.16.040 Final plat and final short plat engineering plan review requirements. A. Engineering plans for roads, drainage controls and other proposed or conditioned improvements shall be prepared, submitted and reviewed for approval by the development engineer prior to the commencement of on -site clearing or construction activities. B. Approval of the engineering details of the proposed sanitary sewer and water systems and other proposed public facilities by the development engineer and the King County department of public health will be required prior to the approval of the final plat. C. Plans and technical information reports shall be submitted to the department and prepared consistent with the requirements of the King County Road Standards, K.C.C. chapter 14.42, Surface Water Design Manual, K.C.C. chapter 9.04 and conditions of preliminary approval. Each plan set or document shall be stamped, signed and dated by a civil engineer. D. Prior to approval of engineering plans, the applicant shall post a site restoration guarantee consistent with the provisions of K.C.C. Title 27A, and shall pay all applicable fees set forth in K.C.C. Title 27. (Ord. 13694 § 64, 1999). 19A.16.050 Contents of final plat and final short plat. The following information shall be shown on a final plat or final short plat: A_ Name of subdivision and department file number for final plats or department file number for final short plats; B. Location by section, township and range, and by legal description; C_ The signature and seal of the land surveyor; D. Survey map requirements as specified in chapter 332-130 WAC and chapter 58.09 RCW; E. Boundary of plat or short plat based on relative accuracy procedures or field traverse standards, and meeting or exceeding those standards specified in WAC 332-130-090; F. Exact location, width and name of all streets within and adjoining the plat or short plat, and the exact location and widths of all alleys. The naming of a street shall conform to the county's process for naming streets; G. Courses and distances to the nearest established street lines or official monuments that shall accurately describe the location of the plat or short plat; H. Municipal, township, county or section lines accurately tied to the lines of the plat or short plat distances and courses; I. All easements for rights -of -way provided for public utilities,- J. Lots designated by number on the plat or short plat within the area of the lot, and tracts similarly designated by letter. Each tract shall be clearly identified with the ownership, purpose and maintenance responsibility; K. Blocks in numbered additions to plats bearing the same name may be numbered or lettered consecutively through the several additions; L. Accurate location of all existing and proposed permanent control monuments at each comer of the subdivision or short subdivision consistent with RCW 58.17240 and at all road intersections and curve control points that fall within the pavement; M. A traverse line established along the shore not more than twenty feet landward of the ordinary high water mark when a subdivision or short subdivision borders on a body of water. This line shall be labeled "Plat traverse line" or "Short plat traverse line", as applicable, on the final plat or short plat documents; N. Accurate boundary delineation for any areas to be dedicated or reserved for public use, along with the purposes of the use indicated thereon; and the accurate delineation of any areas to be reserved by deed covenant for common uses of all property owners; O. The boundary description of the property being platted or short platted matching the description �. recorded in the most recent real estate transfer document encompassing the property. If the description is incorrect, a true and exact description shall be shown upon the plat or short plat together with the original description. The original description shall be labeled "original description" and the true and exact description shall be labeled "surveyor's corrected description." The surveyor's corrected description shall be preceded by the verbiage: "The intent of the original description is to encompass all of the property described within the surveyor's corrected description"; 19A-20 (King County 9-2004) FINAL PLAT AND FINAL SHORT PLAT MAPS FOR PRELIMINARILY 19A.16.050 - 19A.16.080 APPROVED SUBDIVISIONS AND SHORT SUBDIVISIONS P. Dedication with notarized acknowledgments by all parties having an ownership interest, as required by RCW 58,17.165 and *K.C.C. 19A.08.010, acknowledging the adoption of the plat and the dedication of streets and other public areas. Dedications by corporations shall include corporate acknowledgment and dedications by individuals shall include individual acknowledgment; Q. Restrictions, title encumbrances and notes required by the conditions of approval; R. Certification by a land surveyor to the effect that the plat or short plat correctly represents a survey made by the surveyor, or under the surveyor's direction, and that the existing monuments are located as shown on the final plat or final short plat; S. Approval and signature blocks for the department, the department of assessments and the finance division; T. Approval of the county council to the extent such approval is required; and U. Recording certificate required for the signature of the King County records and elections division. (Ord. 13694 § 65, 1999). "Reviser's note., The reference to "section 36 of this ordinance," coded as K.C.C. 19A.08.010, appears to be erroneous. Reference to KC.C. 19A.04.230 was apparently intended. 19A.16.060 Final forms. A. A final plat or final short plat shall be prepared on forms eighteen inches by twenty-four inches in size, allowing for a two-inch border on one of the eighteen -inch sides, to allow for binding, and one -half -inch borders on the other three sides. The two-inch border will typically be on the top or left side depending on the configuration of the drawing. B. Forms shall be printed with materials acceptable for filing as specified in WAC 332-130-050 and be formatted consistent with forms provided by the department. (Ord. 13694 § 66, 1999). 19A.16.070 Alterations of final plats. A. Alterations shall be processed in accordance with RCW 58.17.215 through 58.17.218 and shall comply with regulations in effect at the time the alteration application was submitted. Alteration applications and recording documents shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject subdivision to be altered or any portion to be altered. B. If the subdivision is subject to restrictive covenants that were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. C. Notice of alterations shall comply with the notice provisions of K.C_C_ Title 20. Mailing notification shall also include owners of each lot or parcel of property within the subdivision to be altered. D. An application shall be processed as a Type 3 permit pursuant to K.G.C. Chapter 20,20 and K.C.C. 20.24.080. The application may be approved if the proposed alteration is consistent with the required findings of K.C.C. 20.24.195. E. After approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, to be processed in the same manner as set forth for final plats in this title. (Ord. 13694 § 67, 1999). 19A.16.080 Alterations of final short plats. Alteration of a final short plat may be approved by the department when consistent with the following requirements: A. Alterations shall be accomplished by following the same procedure and satisfying the same laws, rules and conditions as required for a new short plat application, as set forth in this chapter. B. Alteration applications and recording documents shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels or divisions in the subject short plat to be altered or any portion to be altered. 19A-21 (King County 9-2004) 19A.16.080-19A.16.090 LAND SEGREGATION C. If the short subdivision is subject to restrictive covenants that were filed at the time of the approval of the short subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the short subdivision or portion thereof. D_ Notice of alterations shall comply with the notice provisions of K.C.C. Title 20. E. An alteration may be allowed to remove nonbuilding lot status on short subdivisions provided that no public dedications are required and original conditions of approval do not prohibit conversion of a nonbuilding lot to a building lot_ Approval of such alteration requires completion of the original conditions of approval, and the application of new conditions for the lot, consistent with current standards, preparation of a new map page prepared by a land surveyor for recording and payment of all fees required for such review. (Ord. 13694 § 68, 1999). 19A.16.090 Vacations of a final plat or final short plat. A. Plat and short plat vacations shall be processed as follows and in accordance with the provisions of RCW 58.17.212. B. All plat and short plat vacation applications shall be referred to the hearing examiner for public hearing and consideration pursuant to K.G.C. 20.24.070. Following the public hearing the hearing examiner shall determine if the proposed vacation is consistent with the required findings of K.C.C. 2024.195. If the proposal is found to serve such purposes, the hearing examiner may recommend that the county council approve the application. C. Applications for vacations of county roads may be processed pursuant to this chapter only when such road vacations are proposed in conjunction with the vacation of the plat. Vacations limited to county roads shall be processed in accordance with chapter 36.87 RCW. (Ord. 13694 § 69, 1999). 19A-22 (King County 9-2004) BINDING SITE PLANS Chapter 19A.20 BINDING SITE PLANS Sections: 19A.20.010 Purpose. 19A.20.020 Applicability, 19A.20.030 Requirements and limitations, 19A.20.040 Alterations. 19A.20.050 Vacations_ 19A.20.060 Recording. 19A.20.010-19A.20.030 19A.20.010 Purpose. The purposes of this chapter are: A. To provide an alternative method for division of land for commercial and industrial zoned property, mobile home parks, trailer parks or condominiums; B. To allow the director to modify interior lot -based or lot line requirements contained within the zoning, building, fire and other similar uniform codes adopted by the county,- C. To allow the director to authorize sharing of open space, parking, access and other improvements among contiguous properties subject to the binding site plan; and D. To specify administrative requirements for binding site plans in addition to the procedural requirements of K,C.C. chapter 20.20 and in accordance with applicable Washington state and King County laws, rules and regulations. (Ord. 13694 § 70, 1999). 19A.20.020 Applicability. A. Any person seeking the use of a binding site plan process to divide property for the purpose of sale, lease or transfer of ownership of commercial or industrial zoned property, lease of mobile homes or travel trailers or creation of condominium units is required to have an approved binding site plan prior to any property division, as provided for in chapter 58.17, 64.32 or 64.34 RCW, and as required by this chapter. A binding site plan for a condominium shall be based on a recorded final planned unit development, a building permit, an as -built site plan for developed sites or a site development permit issued for the entire site or a general site plan showing the anticipated development plan for the entire site, notwithstanding the provisions of K.C.C. 21A.41.010 through 21A.41.020. B. The site that is subject to the binding site plan shall consist of one or more contiguous lots. C. The site that is subject to the binding site plan may be reviewed independently for developed sites, concurrently with or subsequent to a site development permit application for undeveloped land or concurrently with or subsequent to a building permit application. D_ The binding site plan process creates or alters lot lines and does not authorize substantial improvements or changes to the property or the uses thereon. (Ord. 13694 § 71, 1999). 19A.20.030 Requirements and limitations. A. The binding site plan shall ensure that the collective lots continue to function as one site with respect to, but not limited to, lot access, interior circulation, open space, landscaping, drainage facilities, facility maintenance and parking. B. The binding site plan shall: 1. Identify the areas and locations of all streets, roads, improvements, utilities, open spaces, sensitive areas, parking areas, landscaped areas, surveyed topography for preliminary map, water bodies and drainage features and building envelopes; 2. Contain inscriptions or attachments setting forth such limitations and conditions for the use of the land as are established by the director or the hearing examiner, and 3. Contain provisions requiring any development or division of land to be in conformance with the approved site plan. C. Conditions of use, maintenance and restrictions on redevelopment of shared open space, parking, access and other improvements shall be identified and enforced by covenants, easements or other similar mechanisms. (Ord. 13694 § 72, 1999). 19A-23 (King County 9-2004) 19A20.040-19A20.060 LAND SEGREGATION 19A.20.040 Alterations. A. Alteration of a binding site plan shall be accomplished by following the same process required for a new application as set forth in this chapter. B. Changes to a building permit, planned unit development, subdivision or short subdivision, site development permit within a binding site plan area shall also require alteration of the binding site plan unless the director determines that such changes are consistent with the approved binding site plan. (Ord. 13694 § 73, 1999). 19A.20.050 Vacations. A. 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, as set forth in this chapter. If a portion of a binding site plan is vacated, the property subject to the vacated portion shall constitute one lot unless the property is subsequently divided by an approved subdivision or short subdivision or another binding site plan. B. If a building permit or commercial site development permit is revised or expires, then the binding site plan shall be vacated unless the director determines that the revision or expiration is consistent with the approved binding site plan. (Ord. 13694 § 74, 1999). 19A.20.060 Recording. A. Plat certificates or owner's duplicate certificates for registered land pursuant to chapter 65.12 RCW shall be provided to the department by the owner along with a copy of the last real estate transaction for all adjoining unplatted parcels. B. Prior to recording, the approved binding site plan shall be surveyed and the final recording forms shall be prepared by a land surveyor. A final binding site plan shall be prepared on forms eighteen inches by twenty-four inches in size, allowing for a two-inch border on one of the eighteen -inch sides, to allow for binding, and one -half -inch borders on the other three sides. The two-inch border will typically be on the top or left side depending on the configuration of the drawing. C. The approved binding site plan recording documents shall include the following: 1. Except for a binding site plan for a condominium, identification of lots by number on a binding site plan containing more than one lot. Tracts shall be similarly designated and each tract shall be clearly identified with the ownership and purpose; 2. Signature and stamp of the land surveyor who prepared the binding site plan in accordance with chapter 332-130 WAC and chapter 58.09 RCW; 3. Reference to the recording number of the completed survey if the boundaries have been previously surveyed; 4. Reference to all agreements or covenants required as a condition of approval; 5. Notarized signatures of all parties having an ownership interest in the land being divided; 6. Satisfaction of health department requirements, unless previously approved on a recorded final planned unit development, a building permit, an as -built plan for developed sites or a site development permit for the entire site; 7. Approval of the King County development engineer; 8_ Approval of the King County office of finance; 9. Approval of the King County assessor; 10. Approval of the director; 11. Recording certificate required for signature of King County records and elections division; and 12. Department file number. 19A-24 (King County 9-2004) BINDING SITE PLANS 19A.20.060 D. A deposit to cover anticipated taxes and assessments is required for binding site plans pursuant to chapter 58.08 RCW. The applicant shall be required to provide certification from the King County office of finance that property taxes for the subject property are not delinquent prior to issuance of a final approval. E. Lots, parcels or tracts created through the binding site plan procedure shall be legal lots of record. All provisions, conditions and requirements of the binding site plan shall be legally enforceable on the purchaser or any other person acquiring a lease or other ownership interest of any lot, parcel, or tract created pursuant to the binding site plan. F No person shall sell, transfer or lease of any lot, tract or parcel created pursuant to the binding site plan that does not conform to the requirements of the binding site plan or without binding site plan approval. G. The binding site plan shall set forth limitations and conditions, including irrevocable dedications of property and containing a provision that any development of the site shall be in conformity with the approved binding site plan. (Ord. 13694 § 75, 1999). 19A-25 BLANK (King County 9-2004) 19A -26 CONDOMINIUMS Chapter 19A.24 CONDOMINIUMS Sections: 19A.24.010 Purpose. 19A.24.020 Final submittal requirements. 19A,24.030 Notes. 19A.24.010 - 19A.24.030 19A.24.010 Purpose. The purpose of this chapter is to provide for review of a condominium survey map and plans for the precision and accuracy of the exterior boundary and legal description of the subject property, as shown on the final map. (Ord. 13694 § 76, 1999). 19A.24.020 Final submittal requirements. The following shall be submitted for approval of a condominium proposal: A. Two sets of prints of the final recording maps prepared in accordance with RCW 64.34.232; B. Legal Description from title report dated within thirty days prior to recording; C. Boundary closure calculations and supporting surveys; and D. Copy of last real estate transaction for all adjoining unplatted parcels. (Ord. 13694 § 77, 1999). 19A.24.030 Notes. A. The following notes shall be placed on the final condominium map page. - Approval of the Department of Development and Environmental Services 1. The exterior boundary and legal description of this condominium meets or exceeds the review standards of the department of development and environmental services. 2_ The department of development and environmental services review consisted only of review of item 1 above and does not constitute binding site plan approval as contemplated under RCW 58.17,040(7). B. A signature line for the manager of the land use services division shall appear following the notes required by this section. (Ord. 13694 § 78, 1999). 191-27 BLANK (King County 9-2004) 1 9A-28 MINOR ADJUSTMENTS 19A.28.010-19A.28.020 Chapter 19A.28 MINOR ADJUSTMENTS Sections: 19A.28.010 Purpose. 19A.28.020 Procedures and limitations of the boundary line adjustment process. 19A.28.030 Final approval and recording required. 19A.28.040 Conceptual review. 19A.28.010 Purpose. The purpose of this chapter is to provide procedures and criteria for the review and approval of minor adjustments to boundary lines of legal lots or building sites in order to rectify defects in legal descriptions, to allow the enlargement or merging of lots to improve or qualify as a building site, to achieve increased setbacks from property lines or sensitive areas, to correct situations wherein an established use is located across a lot line, or for other similar purposes. (Ord. 13694 § 79, 1999). 19A.28.020 Procedures and limitations of the boundary line adjustment process. Adjustment of boundary lines between adjacent lots shall be consistent with the following review procedures and limitations: A, Applications for boundary line adjustments shall be reviewed as a Type 1 permit as provided in K.C.C_ chapter 20.20. The review shall include examination for consistency with the icing County zoning code, K.C.C. Title 21A., shoreline master program, K_C.C. Title 25, applicable board of health regulations and, for developed lots, uniform fire and building codes; B. Any adjustment of boundary lines must be approved by the department prior to the transfer of property ownership between adjacent legal lots; C. A boundary line adjustment proposal shall not: 1. Result in the creation of an additional lot or the creation of more than one additional building site; 2. Result in a lot that does not qualify as a building site pursuant to this title; 3_ Relocate an entire lot from one parent parcel into another parent parcel; 4. Reduce the overall area in a plat or short plat devoted to open space; 5. Be inconsistent with any restrictions or conditions of approval for a recorded plat or shop: plat; 6. Involve lots which do not have a common boundary; or 7. Circumvent the subdivision or short subdivision procedures set forth in this title. Factors which indicate that the boundary line adjustment process is being used in a manner inconsistent with statutory intent include: numerous and frequent adjustments to the existing lot boundary, a proposal to move a lot or building site to a different location, and a large number of lots being proposed for a boundary line adjustment; D. The elimination of lines between two or more lots for the purpose of creating a single lot that meets requirements as a building site shall in all cases shall be considered a minor adjustment of boundary lines and shall not be subject to the subdivision and short subdivision provisions of this title; and E. Recognized lots in an approved site plan for a conditional use permit, special use permit, urban planned development, or commercial site development permit shall be considered a single site and no lot lines on the site may be altered by a boundary line adjustment to transfer density or separate lots to another property not included in the original site plan of the subject development. F. Lots that have been subject to a boundary line adjustment process that resulted in the qualification of an additional building site shall not be permitted to utilize the boundary line adjustment process again for five years to create an additional building site. (Ord. 13694 § 80, 1999). 19A-29 (King County 9-2004) 19A.28.030 - 19A.28.040 LAN© SEGREGATION 19A.28.030 Final approval and recording required, A. A title insurance certificate updated -not more than thirty days prior to recording of the adjustment, which includes all parcels within the adjustment, must be submitted to the department with boundary line adjustment final review documents_ All persons having an ownership interest within the boundary line adjustment shall sign the final recording document in the presence of a notary public. B. Prior to final approval, documentation authorizing the transfer of property ownership shall be placed on the original boundary line map along with the legal descriptions of those portions of land being transferred when lots are under separate ownership. Lot lines within lots under the same ownership will be adjusted upon the recording of the boundary line adjustment. C. Final record -of -survey document must be prepared by a land surveyor in accordance with chapter 332-130 WAC and chapter 58.09 RCW. The document must contain a land surveyor's certificate and a recording certificate. 0. The final map page shall contain the following approval blocks: 1. The King County department of assessments to be signed by the King County assessor and deputy King County assessor, and 2. The department of development and environmental services, to be signed by the director. (Ord. 13694 § 81, 1999). 19A.28.040 Conceptual review. Prior to proceeding through the boundary line adjustment process, an applicant may desire to pay for an optional preapplication meeting. At that time the department will perform a conceptual review based upon the information brought in by the applicant. (Ord. 13694 § 82, 1999), (King County 9-2004) 19/-31 (\P PLANNING Title 20 PLANNING Chapters: 20.04 General Provisions 20.08 Definitions 20.10 Countywide Planning Policies 20.12 Comprehensive Plan 20.14 Basin Plans 20.18 Procedures for Amendment of Comprehensive Plan or of Development Regulations -Public participation 20.20 Procedures for Land Use Permit Applications, Public Notice, Hearings and Appeals 20.24 Hearing Examiner 20.36 Open Space, Agricultural, and Timber Lands Current Use Assessment 20.44 County Environmental Procedures 20.54 Agricultural Rands Policy 20.62 Protection and Preservation of Landmarks, Landmark Sites and Districts CROSS-REFERENCE: For provisions regarding nandellnquent property tax cortlficatlon, see K.C.C. chapter4.68. zo-1 (King County 6-2006) BLANK 20--2 GENERAL PROVISIONS 20.04.005 - 20.04.030 Chapter 20.04 GENERAL PROVISIONS Sections: 20.04.005 Relationship to Comprehensive Plan and Growth Management Act. 20.04.010 Catchline legality. 20.04.020 Severability. 20.04.030 Procedural conflicts_ 20.04.005 Relationship to Comprehensive Plan and Growth Management Act. The provisions of Ordinance 11653 relating to zoning and development review are hereby enacted as a development regulation to be consistent with and implement the comprehensive plan in accordance with RCW 36.70A.120. (Ord. 11653 § 1, 1995). 20.04.010 Catchline legality. Section captions as used in this title do not constitute any part of the law. (Ord. 263 Art. 8 § 1, 1969). 20.04.020 Severability. If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected_ (Ord. 263 Art. 8 § 2, 1969). 20.04.030 Procedural conflicts. In case of conflict, provisions of this title take precedence over procedures presently contained in Title 19 and Title 21A. (Ord. 11653 § 2, 1995: Ord. 263 Art. 8 § 3, 1969). (king County 6-2006) 20---3 BLANK 20-4 DEFINITIONS 20.08.030 - 20.08.090 Chapter 20.08 DEFINITIONS Sections: 20.08.030 Area zoning. 20.08.035 Benchmarks. 20.08.060 Subarea plan. 20.08.070 Comprehensive plan. 20.08.090 Council. 20.08.100 Department, 20.08.105 Development regulations. 20.08.107 Docket. 20.08.120 Examiner. 20.08.132 Functional plans_ 20.08.160 Reclassification, 20.08.170 Site -specific comprehensive plan land use map amendment. 20.08.030 Area zoning. "Area zoning" as used in this title is synonymous with the terms of "rezoning or original zoning" as used in the King County charter and means procedures initiated by King County which result in the adoption or amendment of zoning maps on an area wide basis. This type of zoning is characterized by being comprehensive in nature, deals with distinct communities, specific geographic areas and other types of districts having unified interests within the county. Area zoning, unlike a reclassification, usually involves many separate properties under various ownerships and utilizes several of the zoning classifications available to express the county's current comprehensive plan and subarea plan policies in zoning map form. (Ord. 13147 § 3, 1998: Ord. 3669 § 1, 197& Ord. 263 Art. 1 § 3, 1969). 20.08.035 Benchmarks. "Benchmarks" means quantifiable measures used to monitor the outcomes of public policy. (Ord. 13147 § 11, 1998). 20.08.060 Subarea plan. "Subarea plan" means detailed local land use plan which implements and is an element of the comprehensive plan containing specific policies, guidelines and criteria adopted by the council to guide development and capital improvement decisions within specific subareas of the county. The subareas of the county shall consist of distinct communities, specific geographic areas or other types of districts having unified interests or similar characteristics within the county. Subarea plans may include: community plans, which have been prepared for large unincorporated areas; potential annexation area plans, which have been prepared for urban areas that are designated for future annexation to a city; neighborhood plans, which have been prepared for small unincorporated areas; and plans addressing multiple areas having common interests. The relationship between the 1994 King County Comprehensive Plan and subarea plans is established by K.C.C. 20.12,015.(Ord. 13147 § 5, 1998: Ord. 11653 § 3, 1995: Ord. 3669 § 2, 1978: Ord, 263 Art. 1 (part), 1969). 20.08.070 Comprehensive plan. "Comprehensive plan" means the principles, goals, objectives, policies and criteria approved by the council to meet the requirements of the Washington State Growth Management Act, and, A. As a beginning step in planning for the development of the county; B. As the means for coordinating county programs and services; C. As policy direction for official regulations and controls; and D. As a means for establishing an urban/rural boundary; E. As a means of promoting the general welfare. (Ord. 11653 § 4, 1995: Ord. 263 Art. 1 § 7, 1969}. 20.08.090 Council. "Council" means the metropolitan King County council. (Ord. 13147 § 6, 1998: Ord. 263 Art. 1 § 4, 1969). 20-5 20.08.100 - 20.08.170 (King County 6-2006) PLANNING 20.08.100 Department. "Department" means the department or office responsible for comprehensive planning as provided in K.C.C. 2.16. (Ord. 13147 § 7, 1998: Ord. 3669 § 3, 1978: Ord. 263 Art. 1 § 9, 1969). 20.08.105 Development regulations. "Development regulations" means the controls placed on development or land use activities by the county including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36,70B.020, even though the decision may be expressed in an ordinance by the county. (Ord. 13147 § 13, 1998). 20.08.107 Docket. "Docket" (noun) means the list of suggested changes to the comprehensive plan or development regulations maintained by the department. "Docket" (verb) means to record with the department a suggested change to the comprehensive plan or development regulations. (Ord. 13147 § 14, 1998). 20.08.120 Examiner. "Examiner" means the hearing examiner as established by K.C.C. chapter 20.24. (Ord. 13147 § 9, 1998: Ord_ 263 Art. 1 § 11, 1969). 20.08.132 Functional plans. "Functional plans" are detailed plans for facilities and services and action plans for other governmental activities_ Functional plans should be consistent with the Comprehensive Flan, define service levels, provide standards, specify financing methods which are adequate, stable and equitable, be the basis for scheduling facilities and services through capital improvement programs and plan for facility maintenance. Functional plans are not adopted to be part of the capital facilities plan element of the Comprehensive plan. (Ord. 11653 § 5, 1995). 20.08.160 Reclassification. "Reclassification" means a change in the zoning classification by procedures initiated by an individual or a group of individuals who, during the intervals between area zoning map adoptions, wishes to petition for a change in the zoning classification which currently applies to their individual properties. (Ord. 263 Art. 1 § 15, 1969). 20.08.170 Site -specific comprehensive plan land use map amendment. "Site -specific comprehensive plan land use map amendment" means an amendment to the comprehensive plan land use map which includes one property or a small group of specific properties. (Ord. 13147 § 12, 1998). 20-6 (King County 6-2006) COUNTYWIDE PLANNING POLICIES 20.10 Chapter 20.10 COUNTYWIDE PLANNING POLICIES Sections: 20.10.010 Phased implementation. 20.10.020 Phase I policies adopted. 20.10.030 Phase li. 20.10.040 Ratification for unincorporated King County. 20.10.050 Effective date - ratification. 20.10.060 Implementation. 20.10.065 Joint planning agreements. 20.10,070 Interlocal agreements_ 20,10.075 Joint planning agreement - Slack Diamond. 20.10.076 Joint planning agreement - Renton. 20,10.200 Severability. 20-7 (King County 6-2006) BLANK 20-8 COUNTYWIDE PLANNING POLICIES 20.10.010 - 20.10.030 20.10.010 Phased implementation. The county will implement the major planning requirements of the Growth Management Act (GMA) in three phases, each accompanied by the appropriate scope and level of environmental review pursuant to both the GMA and the State Environmental Policy Act (SEPA) and fiscal review. Phase I is the adoption of the Countywide Planning Policies for the purposes described in K.C.C. 20.10,020. Phase II is the process for refinement of Countywide Planning Policies through proposed amendments to them, and the preparation of an SEIS and a fiscal analysis. Phase II, which will begin upon adoption of the Countywide Planning Policies, is described in Section 20.10.030. Phase III is the review and adoption of amendments to the King County Comprehensive Plan. Phase III will incorporate any changes made to the Countywide Planning Policies in Phase II. (Ord. 10450 § 1, 1992). 20.10.020 Phase I policies adopted. A. The Countywide Planning Policies attached to Ordinance 10450' are hereby approved and adopted for purposes of complying with RCW 36.70A.210 to begin the process of city review and ratification; to provide a policy framework for developing and updating jurisdictions' comprehensive plans; to provide a policy framework for interim controls to the extent the policies expressly require them, and to establish a program for the additional work necessary to refine, amend and implement the Countywide Planning Policies, including SEIS review and fiscal analysis. B. The Countywide Planning Policies are amended to remove Policy FW-2c, Policy LU-27 and Policy LU-59, as shown on Attachment A to Ordinance 10840*. C. The Countywide Planning Policies are amended to include in the Urban Growth Area (UGA) the parcels adjacent to the city of Issaquah as shown in Attachment A to Ordinance 11061*. (Ord. 11061 § 1, 1993: Ord. 10840 § 1, 1993; Ord. 10450 § 2, 1992), 20.10.030 Phase 11. A. The Phase 11 Amendments to the King County 2012 Countywide Planning Policies attached to Ordinance 11446* are hereby approved and adopted. B. The Phase 11 Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 12027*. C. The Phase 11 Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 12421 *. D. The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachments 1 and 2 to Ordinance 13260*. E. The Phase II Amendments to the King County 2012 — Countywide Planning Policies are amended, as shown by Attachments 1 through 4 to Ordinance 13415*. F. The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachments 1 through 3 to Ordinance 13858*. G. The Phase 11 Amendments to the king County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 14390*. H. The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 14391 *. I. The Phase 11 Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 14392*. J. The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 14652*. K. The Phase 11 Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachments 1 through 3 to Ordinance 14653*. L. The Phase II Amendments to the icing County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 14654*. M. The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment 1 to Ordinance 14655*. *Available in the office of the clerk of the council. 20-9 (King County 6-2007) 20.10.030 - 20.10.040 PLANNING N. The Phase 11 Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachments 1 and 2 to Ordinance 14656*. O. The Phase 11 Amendments to the King County 2012 — Countywide Planning Polices are amended, as shown by Attachment A to Ordinance 14844*. P_ The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended as shown by Attachments A, B and C to Ordinance 15121 *. 0. The Phase II Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment A to Ordinance 15122*. R. The Phase Il Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachment A to Ordinance 15123*. S. Phase 11 Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachments A and B to Ordinance 15426*. T, Phase 11 Amendments to the King County 2012 - Countywide Planning Policies are amended, as shown by Attachments A, B and C to Ordinance 15709.* (Ord. 15709, § 2, 2007: Ord. 15426 § 2, 2006: Ord. 15123 § 2, 2005: Ord. 16122 § 2, 2005: Ord. 15121 § 2, 2005: Ord. 14844 § 2, 2004: Ord. 14656 § 2, 20D3: Ord. 14655 § 2, 2003: Ord. 14654 § 2, 2003: Ord. 14653 § 2, 2003: Ord. 14652 § 2, 2003: Ord. 14392 § 2, 2002: Ord. 14391 § 2, 2002: Ord. 14390 § 2, 2002: Ord. 13858 § 2, 2000: Ord_ 13415 § 2, 1999: Ord_ 13260 § 2, 1998: Ord. 12421 § 2, 1996: Ord. 12027 § 2, 1995: Ord. 11446 § 2, 1994: Ord. 10450 § 3, 1992). 20.10.040 Ratification for unincorporated King County. A. Countywide Planning Policies adopted by Ordinance 10450* for the purposes specified are hereby ratified on behalf of the population of unincorporated King County. B. The amendments to the Countywide Planning Policies adopted by Ordinance 10840* are hereby ratified on behalf of the population of unincorporated King County. C. The amendments to the Countywide Planning Policies adopted by Ordinance 11061 * are hereby ratified on behalf of the population of unincorporated King County. D. The Phase II Amendments to the King County 2012 Countywide Planning Policies adopted by Ordinance 11446 are hereby ratified on behalf of the population of unincorporated King County. E. The amendments to the King County - 2012 Countywide Planning Policies, as shown by Attachment 1 to Ordinance 12027*, are hereby ratified on behalf of the population of unincorporated King County. F. The amendments to the King County - 2012 Countywide Planning Policies, as shown by Attachment 1 to Ordinance 12421*, are hereby ratified on behalf of the population of unincorporated King County. G. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments 1 and 2 to Ordinance 13260*, are hereby ratified on behalf of the population of unincorporated King County. H. The amendments to the King County 2012 — Countywide Planning Policies, as shown by Attachment 1 through 4 to Ordinance 13415*, are hereby ratified on behalf of the population of unincorporated King County. I_ The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments 1 through 3 to Ordinance 13858* are hereby ratified on behalf of the population of unincorporated King County. J. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14390*, are hereby ratified on behalf of the population of unincorporated King County. K. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14391*, are hereby ratified on behalf of the population of unincorporated King County. L. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14392*, are hereby ratified on behalf of the population of unincorporated King County. *Available at the office of the clerk of the council. 20-10 "Editor's Note: Motion 8794, passed on September 28, 1992, found that the Countywide Planning Policies were ratified. (King County 6-2007) COUNTYWIDE PLANNING POLICIES 20.10.040 - 20.10,050 M. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14652*, are hereby ratified on behalf of the population of unincorporated King County. N. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments 1 through 3 to Ordinance 14653*, are hereby ratified on behalf of the population of unincorporated King County. O. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14654*, are hereby ratified on behalf of the population of unincorporated King County. P. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment 1 to Ordinance 14655*, are hereby ratified on behalf of the population of unincorporated King County. Q. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments 1 and 2 to Ordinance 14656*, are hereby ratified on behalf of the population of unincorporated King County. R. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment A to Ordinance 14844*, are hereby ratified on behalf of the population of unincorporated King County. S. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments A, B and C to Ordinance 15121*, are hereby ratified on behalf of the population of unincorporated icing County. T. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment A to Ordinance 15122*, are hereby ratified on behalf of the population of unincorporated King County. U. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachment A to Ordinance 15123*, are hereby ratified on behalf of the population of unincorporated King County- V. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments A and B to Ordinance 15426*, are hereby ratified on behalf of the population of unincorporated King County. W. The amendments to the King County 2012 - Countywide Planning Policies, as shown by Attachments A, B and C to Ordinance 15709*, are hereby ratified on behalf of the population of unincorporated King County. (Ord. 15709 § 3, 2007: Ord. 15426 § 4, 2006: Ord. 15123 § 3, 2005: Ord, 15122 § 3, 2005. Ord. 15121 § 3, 2005: Ord. 14844 § 3, 2004: Ord. 14656 § 3, 2003: Ord. 14655 § 3, 2003: Ord_ 14654 § 3, 2003: Ord. 14653 § 3, 2003: Ord. 14652 § 3, 2003: Ord. 14392 § 3, 2002: Ord. 14391 § 3, 2002: Ord. 14390 § 3, 2002: Ord. 13858 § 3, 2000: Ord. 13415 § 3, 1999: Ord. 13260 § 3, 1998: Ord. 12421 § 3, 1996: Ord. 12027 § 3, 1995: Ord_ 11446 § 3, 1994: Ord. 11061 § 2, 1993: Ord, 10840 § 2, 1993: Ord. 10450 § 4, 1992). 20.10.050 Effective date - ratification. A. The Countywide Planning Policies adopted by Ordinance 10450shall become effective when ratified by ordinance or resolution by at least thirty percent of the city and county governments representing seventy percent of the population of King County according to the interlocal agreement. A city shall be deemed to have ratified the Countywide Planning Policies unless, within ninety days of adoption by King County, the city by legislative action disapproves the Countywide Planning Policies."* B. The Countywide Planning Policies adopted by Ordinance 10840* shall become effective when ratified by Ordinance or resolution by at least thirty percent of the city and county governments representing seventy percent of the population of icing County according to the interlocal agreement. A city shall be deemed to have ratified the Countywide Planning Policies unless, within ninety days of adoption by King County, the city by legislative action disapproves the Countywide Planning Policies. C. The Countywide Planning Policies adopted by Ordinance 11061* shall become effective when ratified by Ordinance or resolution by at least thirty percent of the city and county governments representing seventy percent of the population of King County according to the interlocal agreement. A city shall be deemed to have ratified the Countywide Planning Policies unless, within ninety days of adoption by King County, the city by legislative action disapproves the Countywide Planning Policies. 20-11 *Available at the office of the clerk of the council. "Editors note: Motion 9424, passed on December 5, 1994, found that these policies were ratified. (King County 6-2007) 20.10.050 - 20.10.070 PLANNING D. The King County - 2012 Countywide Planning Policies adopted,by Ordinance 11446* shall become effective when ratified by ordinance or resolution by at least thirty percent of the city and county governments, representing seventy percent of the population of King County according to the intertocal agreement. A city shall be deemed to have ratified the King County - 2012 Countywide Planning Policies unless, within ninety days of adoption by King County, the city by legislative action disapproves the King County 2012 Countywide Planning Policies.** E. The amendments to the King County - 2012 Countywide Planning Policies, adopted by Ordinance 12027' shall become effective when ratified by ordinance or resolution by at least thirty percent of the city and county governments representing seventy percent of the population of King County according to the interlocai agreement. A city shall be deemed to have ratified the King County - 2012 Countywide Planning Policies unless, within ninety days of adoption by King County, the city by legislative action disapproves the King County - 2012 Countywide Planning Policies. (Ord. 12027 § 4, 1995: Ord. 11446 § 4, 1994: Ord. 11061 § 3, 1993: Ord. 10840 § 3, 1993: Ord_ 10450 § 5, 1992). 20.10.060 Implementation. Land capacity availability and redevelopment assumptions that underlie the recommended Urban Growth Area will be closely monitored by the metropolitan King County government subsequent to adoption of the final Urban Growth Area through annual benchmarking and monitoring reports. An affordable housing committee, a land capacity task force and a growth monitoring advisory committee have been called for by the Countywide Planning Policies and the county council intends to promptly convene such groups, the purpose of which is to review data on land capacity and housing affordability to ensure that the Growth Management Act requirements regarding Urban Growth Areas are being met. To further enhance those efforts a technical committee to facilitate environmental protection shall be established by January 1995 to serve as a depository of regulations and policies adopted by jurisdictions in King County. (Ord. 11446 § 5, 1994: Ord, 10450 § 6, 1992). 20.10.065 Joint planning agreements. A. Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown on the attached recommendation (to Ordinance 11581)' for the city of Renton and is further amended by Attachment 1 to Ordinance 12081 *_ B. Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown on the attached recommendation (to Ordinance 11582)* for the city of Snoqualmie, C. Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown on the attached recommendation (to Ordinance 11585)` for the city of Redmond. Development of this site should be required to protect significant tree stands, views from the valley and maintain the current rural look of the site. Setbacks and development limitations on the western portion of the properties should be utilized to maintain a buffer from agricultural lands of the Sammamish Valley. D. Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown on the attached recommendation (to Ordinance 11593)* for the city of Issaquah. The overlay designation for the Issaquah Joint Planning Area (as shown in Attachment 1 to Ordinance 12062)* shall be deleted from the Countywide Planning Policies UGA map and said area shall remain under King County jurisdiction with a KCCP "rural" land use designation. E. Ordinance 11446, UGA map in Appendix 1 is hereby amended as shown in Attachment 1 to Ordinance 12535* for the city of North Bend. The joint planning area designation for the North Bend Planning Area shall be deleted from the Countywide Planning Policies UGA map and replaced with a UGA designation for all parcels except for the following eight parcels which shall be given a rural designation: 1423-089-019, 1423-089-029, 2323-089-033, 1423-089-020, 7334-601-410, 2323-089-004, 5703-010-240, and 2323-089-065. (Ord. 12535 § 2, 1996: Ord_ 12081 § 2, 1995: Ord. 12062 § 1, 1995: Ord. 11593, 1994: Ord. 11585 § 1-2, 1994: Ord. 11582 § 1, 1994: Ord. 11581 § 1, 1994). 20.10.070 Interlocal agreements. The county executive shall develop and propose to the council a process to enter into interlocal agreements relating to each city's potential annexation area. The process shall include consultation with affected special purpose districts. (Ord. 10450 § 7, 1992), 'Available at the office of the clerk of the council. 20-12 `Editor's note: Motion 9424, passed on December 5, 1994, round that these policies were ratified. (King County 6-2007) COUNTYWIDE PLANING POLICIES 20.10.075 - 20.10.200 20.10.075 Joint planning agreement - Black Diamond. A. Overlay Designation Deleted. The overlay designation for the Black Diamond Joint Planning Area (as shown on Attachment A to Ordinance 12065) shall be deleted from the Countywide Growth Pattern map. B. Comprehensive Plan Land Use Map and Zoning Map Amended. The King County Comprehensive Plan, King County Comprehensive Plan Land Use Map (Attachment B to Ordinance 12065) and Zoning Map shall be amended as follows: 1. 782.2 acres, shall be designated "Rural City Urban Growth Area" on the King County Comprehensive Plan Land Use Map as shown on Appendix A provided that no more than 597.2 acres, shall be designated for future urban development and the remainder shall be designated Open Space Lands consistent with the terms of the Black Diamond Urban Growth Area (UGA) Agreement adopted by Ordinance 12534. 2. Until annexation the Rural City Urban Growth Area shall be zoned UR-P Urban Reserve, with the p-suffix condition that requires development to be consistent with the terms of the Black Diamond UGA Agreement as shown on Appendix B. 3. The county in Ordinance 12534 has adopted the Black Diamond UGA agreement which when executed by the parties shall govern annexation of the Black Diamond UGA. C. Development Proposal Within City Exempt. Nothing in this section shall affect the city's authority to review and act upon development proposals within the city's existing boundaries. D. Non-Severability. Each provision of this section is integral with all provisions hereof, and if any provision of this section is determined to be invalid or unenforceable for any reason, then this section shall be invalid and unenforceable in its entirety. In such event, the UGA of the city will be limited to the 1995 incorporated boundaries of the city. (Ord. 12533 § 3, 1996: Ord. 12065, 1995). 20.10.076 Joint planning agreement - Renton. The Urban Growth Area as adopted by the Metropolitan King County Council in Ordinance 11575 adopting the 1994 King County Comprehensive Plan is hereby amended as follows: A. Overlay Designation Deleted. The overlay designation of the Renton Joint Planning Area as shown on Attachment I to Ordinance 12081+ shall be deleted from the Countywide Growth Pattern map and shall remain under King County jurisdiction with King County Comprehensive Plan land use designations and zoning. B. Comprehensive Plan Land Use Map and ,Zoning Map Amended, Referencing Attachment I to Ordinance 12081*, the King County Comprehensive Plan Land Use Map and Zoning Map each shall be amended as follows: 1_ The Urban Growth Area (UGA) boundary shall be shifted eastward to include new land within the UGA totaling approximately 59 acres. The original Renton Joint Planning Area comprised 57 acres. Of that 57 acres, the westernmost 29 acres shall be included in the Urban Growth Area. The remaining, easternmost 28 acres of the original 57-acre Renton Joint Planning Area shall be designated as part of the Rural Area and approximately 30 acres between the existing and proposed new alignments of the Elliott Bridge and its road connection to the Maple Valley Highway shall be included in the Urban Growth Area. The inclusion of the 30-acre portion between the existing and new alignments of the Elliott Bridge in the UGA is hereby ratified on behalf of the population of unincorporated King County, and shall become effective when ratified by ordinance or resolution by at least thirty percent of the city and county governments representing seventy percent of the population of King County, as provided by the Countywide Planning Policies. 2. The new 59 acres within the UGA shall be designated "Greenbelt/Urban Separator" on the Land Use Plan Map and zoned "Urban Reserve" on the Zoning Map. (Ord. 12081 § 1, 1995). 20.10.200 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter or its application to any person or circumstance by declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter or its application to other persons or circumstances. (Ord. 10450 § 8, 1992). 20-13 *Available in the office of the clerk of the council. BLANK 20-1 4 (King County 6-2006) COMPREHENSIVE PLAN 20.12 Chapter 20.12 COMPREHENSIVE PLAN Sections: 20,12.010 Comprehensive Plan adopted. 20.12.015 Relationship of Comprehensive Plan to previously adopted plans, policies and land use regulations. 20.12,017 Conversion and consolidation of zoning. 20,12.050 Zoning, potential zoning, property -specific development standards, special district overlays, regional use designations and interim zoning. 20.12.051 The Comprehensive Plan 2000 zoning amendmen6s 20,12,090 Park development policies. 20.12.100 County space plan. 20.12.150 Affordable housing capital facilities plan. 20.12.200 Shoreline management master program. 20,12.240 White Center communities action plan. 20.12.325 Vashon Town Plan. 20.12.337 West Hill community plan. 20.12.380 King County open space plan. 20.12.410 Severability. 20,12.433 King County Nonmotorized Transportation Plan. 20,12,435 King County Arterial HOV Transportation Plan. 20.12,460 Tahoma School District Capital Facilities Plan. 20.12.461 Federal Way Public Schools District Capital Facilities Plan. 20,12.462 Riverview School District Capital Facilities Plan. 20.12.463 Issaquah School District Capital Facilities Plan. 20.12.464 Snoqualmie Valley School District Capital Facilities Plan. 20.12.465 Highline School District Capital Facilities Plan. 20.12A66 Lake Washington School District Capital Facility Plan. 20.12.467 Kent School District Capital Facilities Plan. 20.12,468 Northshore School District Capital Facilities Plan. 20.12.469 Enumclaw School District Capital Facilities Plan. 20.12.470 Fife School District Capital Facilities Plan. 20.12.471 Auburn School District Capital Facilities Plan. 20.12.480 King County Flood Hazard Reduction Plan Policies_ 20.12.485 Potential Annexation Area Process. [See K.C.C. chapter 20.14 for Basin Plans] 20--15 BLANK 20-16 (King County 6-2006) COMPREHENSIVE PLAN 20.12.010 20.12.010 Comprehensive Plan adopted. A. Under the King County Charter, the state Constitution and the Washington state Growth Management Act, chapter 36.70A RCW, the 1994 King County Comprehensive Plan is adopted and declared to be the Comprehensive Plan for King County until amended, repealed or superseded. King County performed its first comprehensive four-cycle review of the Comprehensive Plan. As a result of the review, King County amended the 1994 Comprehensive Plan through passage of the King County Comprehensive Plan 2000. King County performed its second comprehensive four-cycle review of the Comprehensive Plan in 2004. As a result of the review, King County amended the 2000 Comprehensive Plan through passage of the King County Comprehensive Plan 2004_ The Comprehensive Plan shall be the principal planning document for the orderly physical development of the county and shall be used to guide subarea plans, functional plans, provision of public facilities and services, review of proposed incorporations and annexations, development regulations and land development decisions. B. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A* to Ordinance 12061 (King County Comprehensive Plan 1995 amendments) are hereby adopted. C. The amendments to the 1994 King County Comprehensive Plan contained in Attachment A* to Ordinance 12170 are hereby adopted to comply with the Central Puget Sound Growth Management Hearings Board Decision and Order in Vashon-Maury Island, et. al. v. King County, Case No. 95-3-0008. D. The Vashon Town Plan contained in Attachment 1* to Ordinance 12395 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan and amends the 1994 King County Comprehensive Plan Land Use Map. E. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A* to Ordinance 12501 are hereby adopted to comply with the Order of the Central Puget Sound Growth Management Hearings Board in Copac-Preston Mill, Inc., et al, v. King County, Case No. 96-3-0013 as amendments to the King County Comprehensive Plan. F. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A* to Ordinance 12531 (King County Comprehensive Plan 1996 amendments) are hereby adopted as amendments to the King County Comprehensive Plan. G. The Black Diamond Urban Growth Area contained in Appendix A* to Ordinance 12533 is hereby adopted as an amendment to the King County Comprehensive Plan. H. The 1994 King County Comprehensive Plan and Comprehensive Plan Land Use Map are amended to include the area shown in Appendix A* of Ordinance 12535 as Rural City Urban Growth Area. The language from Section 1D of Ordinance 12535 shall be placed on Comprehensive Plan Land Use Map page #32 with a reference marker on the area affected by Ordinance 12535. I. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A* to Ordinance 12536 (1997 Transportation Need Report) are hereby adopted as amendments to the King County Comprehensive Plan. J. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A* to Ordinance 12927 (King County Comprehensive Plan 1997 amendments) are hereby adopted as amendments to the King County Comprehensive Plan. K. The amendments to the 1994 King County Comprehensive Plan contained in the 1998 Transportation Needs Report, contained in Appendices A and B* to Ordinance 12931 and in the supporting text, are hereby adopted as amendments to the King County Comprehensive Plan, L. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A* to Ordinance 13273 (King County Comprehensive Plan 1998 amendments) are hereby adopted as amendments to the King County Comprehensive Plan. 20-17 *Available in the office of the clerk of the council. 20.12.010 (King County 6-2007) PLANNING M. The 1999 Transportation Needs Report contained in Attachment A* to Ordinance 13339 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, Technical Appendix C, and the amendments to the 1994 King County Comprehensive Plan contained in Attachment B* to Ordinance 13339 are hereby adopted as amendments to the King County Comprehensive Plan. N. The amendments to the 1994 King County Comprehensive Plan contained in Attachment A* to Ordinance 13672 (King County Comprehensive Plan 1999 amendments) are hereby adopted as amendments to the King County Comprehensive Plan. O. The 2000 Transportation Needs Report contained in Attachment A* to this Ordinance 13674 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, Technical Appendix C_ P. The Fall City Subarea Plan contained in Attachment A` to Ordinance 13875 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan. The Fall City Subarea Plan amends the 1994 King County Comprehensive Plan land use map by revising the Rural Town boundaries of Fall City. Q. The amendments to the King County Comprehensive Plan contained in Attachment A* to Ordinance 13875 are hereby adopted as amendments to the King County Comprehensive Plan. R. The Fall City area zoning amendments contained in Attachment A* to Ordinance 13875 are adopted as the zoning control for those portions of unincorporated King County defined in the attachment. Existing property -specific development standards (p-suffix conditions) on parcels affected by Attachment A* to Ordinance 13875 do not change except as specifically provided in Attachment A* to Ordinance 13875. S. The amendments to the 1994 King County Comprehensive Plan Land Use Map contained in Attachment A* to Ordinance 13987 are hereby adopted to comply with the Central Puget Sound Growth Management Hearings Board Decision and Order on Supreme Court Remand in Vashon-Maury Island, et at v. King County, Case No. 95-3-0008 (Bear Creek Portion). T. The 2001 transportation needs report contained in Attachment A* to Ordinance 14010 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, technical appendix C. U. The amendments to the 1994 King County Comprehensive Plan contained in Attachments A, B and C* to Ordinance 14044 (King County Comprehensive Plan 2000) are hereby adopted as amendments to the King County Comprehensive Plan, Attachment A* to Ordinance 14044 amends the policies, text and maps of the Comprehensive Plan, Amendments to the policies are shown with deleted language struck out and new language underlined. The text and maps in Attachment A* to Ordinance 14044 replace the previous text and maps in the Comprehensive Plan. Attachment B* to Ordinance 14044 contains technical appendix A (capital facilities), which replaces technical appendix A to the King County Comprehensive Plan, technical appendix C (transportation), which replaces technical appendix C to the King County Comprehensive Plan, and technical appendix M (public participation), which is a new technical appendix that describes the public participation process for the King County Comprehensive Plan 2000, Attachment C* to Ordinance 14044 includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment C* to Ordinance 14044 are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment C* to Ordinance 14044. V. The Snoqualmie Urban Growth Area Subarea Plan contained in Attachment A* to Ordinance 14117 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan. Attachment B* to Ordinance 14117 amends the King County Comprehensive Plan 2000 land use map by revising the Urban Growth Area for the City of Snoqualmie. Attachment C` to Ordinance 14117 amends the policies of the Comprehensive Plan. 20-18 *Available in the office of the cleric of the council. (King County 6-2007) COMPREHENSIVE PLAN 20.12,010 W. The Snoqualmie Urban Growth Area Subarea Plan area zoning amendments in Attachment D* to Ordinance 14117 are adopted as the zoning control for those portions of unincorporated King County defined in the attachment. Existing property -specific development standards (p-suffix conditions) on parcels affected by Attachment D* to Ordinance 14117 do not change X. The amendments to the King County Comprehensive Plan 2000 contained in Attachment B* to Ordinance 14156 are hereby adopted as amendments to the King County Comprehensive Plan. Y. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A* to Ordinance 14185 are hereby adopted as amendments to the King County Comprehensive Plan in order to comply with the order of the Central Puget Sound Growth Management Hearings Board in Green Valley et al, v. King County, CPSGMHB Case No. 98-3-0008c, Final Derision and Order (1998) and the order of the Washington Supreme Court in King County v. Central Puget Sound Growth Management Hearings Board, 142 Wn.2d 543,14 P.3d 133 (2000). Z The amendments to the King County Comprehensive Plan 2000 contained in Attachment A* to Ordinance 14241 (King County Comprehensive Plan 2001 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan. AA. The amendment to the King County Comprehensive Plan 2000 contained in Attachment A* to Ordinance 14286 is hereby adopted as an amendment to the King County Comprehensive Plan in order to comply with the Central Puget Sound Growth Management Hearings Board's Final Decision and Order in Forster Woods Homeowners' Association and Friends and Neighbors of Forster Woods, et aL v. King County, Case No_ 01-3-0008c (Forster Woods), dated November 6, 2001. BB. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A* to Ordinance 14448 (King County Comprehensive Plan 2002 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan. CC. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A* to Ordinance 14775 (King County Comprehensive Plan 2003 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan. DD. The amendments to the King County Comprehensive Plan 2000 contained in Attachments A, B. C, D and E* to Ordinance 15028 (King County Comprehensive Plan 2004) are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A, Part I*, to Ordinance 15028 amends the policies, text and maps of the Comprehensive Plan. Attachment A. Part Il*, to Ordinance 15028 includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment A, Part II*, to Ordinance 15028 are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment A, Part II*, to Ordinance 15028. Attachment B* to Ordinance 15028 contains Technical Appendix A (Capital Facilities), which replaces technical appendix A to the King County Comprehensive Plan. Attachment C* to Ordinance 15028 contains Technical Appendix B (Housing), which replaces Technical Appendix B to the King County Comprehensive Plan. Attachment D* to Ordinance 15028 contains Technical Appendix C (Transportation), which replaces Technical Appendix C to the King County Comprehensive Plan 2000. Attachment E* to Ordinance 15028 contains Technical Appendix D (Growth Targets and the Urban Growth Area 2004). EE. The 2004 transportation needs report contained in Attachment A* to Ordinance 15077 is hereby adopted as an amendment to the 2004 King County Comprehensive Plan, technical appendix C. FF. The amendments to the King County Comprehensive Plan 2004 contained in Attachment A* to Ordinance 15244 (King County Comprehensive Plan 2005 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan. 20-19 *Available in the office of the cleric of the council. 20.12.010 - 20.12.015 (King County 6-2007) PLANNING GG_ Attachment A* to Ordinance 15326, which is the King County Comprehensive Plan Sammamish Agricultural Production District Subarea Plan dated November 7, 2005, is hereby adopted as an amendment to the 2004 King County Comprehensive Plan, as amended, in order to comply with the Central Puget Sound Growth Management Hearings Board's Final Decision and Order in Maxine Keesling v. King County, Case No. 04-3-0024 (Keesling III), dated May 31, 2005. HH. The amendments to the King County Comprehensive Plan 2004 contained in Attachments A, B, C and D* to Ordinance 15607 are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A* to Ordinance 15607 (Amendment to the King County Comprehensive Plan 2004) amends the policies and maps of the King County Comprehensive Plan. Attachment B* to Ordinance 15607 contains technical appendix O (Regional Trail Needs Report). Attachment C* to Ordinance 15607amends King County Comprehensive Plan, Technical Appendix C (Transportation), by replacing the transportation needs report. Attachment D* to Ordinance 15607 amends King County Comprehensive Plan, Technical Appendix C (Transportation), by replacing the arterial functional classification map. II. Attachment A* to Ordinance 15772, which is the King County Comprehensive Plan Juanita Firs Subarea Plan, dated February 20, 2007, is hereby adopted as an amendment to the King County Comprehensive Plan as amended. (Ord. 15772 § 1, 2007: 15607 § 1, 2006: Ord. 15326 § 1, 2005: Ord_ 15244 § 1, 2005. Ord. 15077 § 1, 2004: Ord. 15028 § 2, 2004: Ord. 14775 § 2, 2003: Ord. 14448 § 1, 2002: Ord. 14286 § 2, 2002: Ord. 14241 § 1, 2001: Ord. 14185 § 3, 2001: Ord_ 14156 § 1, 2001: Ord. 14117 § 1, 2001: Ord. 14044 § 1, 2001: Ord. 14010 § 1, 2000: Ord. 13987 § 4, 2000: Ord. 13962 § 2, 2000: Ord. 13875 § 1, 2000: Ord. 13674 § 1, 1999: Ord. 13672 § 1, 1999: Ord. 13339 § 1, 1998: Ord. 13273 § 1, 1998: Ord. 12931 § 2, 1997: Ord. 12927 § 1, 1997: Ord_ 12824 § 1, 1997: Ord. 12536 § 2, 1996: Ord. 12535 § 3, 1996: Ord. 12533 § 1, 1996: Ord. 12531 § 1, 1996: Ord_ 12501 § 2, 1996: Ord_ 12395 § 2, 1996: Ord. 12170 § 1, 1995: Ord. 12061 § 1, 1995: Ord. 11575 § 1, 1994: Ord. 10237, 1992: Ord. 9490, 1990: Ord. 7178 § 1, 1985: Ord. 5319 §§ 2-4, 1981: Ord. 4686 § 2, 1980: Ord. 4305 § 1, 1979: Ord, 263 Art. 2 § 1, 1969). 20.12.015 Relationship of Comprehensive Plan to previously adopted plans, policies, and land use regulations. The 1994 King County Comprehensive Plan shall relate to previously adopted plans, policies and land use regulations as follows: A. The previously adopted White Center Action Plan and West Hill Community Plan are consistent with the 1994 King County Comprehensive Plan and are adopted as elements of the comprehensive plan. B. Where conflicts exist between community plans and the comprehensive plan, the comprehensive plan shall prevail; C. Pending or proposed subarea plans or plan revisions and amendments to adopted land use regulations, that are adopted on or after November21, 1994, shall conform to all applicable policies and land use designations of the 1994 King County Comprehensive Plan; D. Unclassified use permits and zone reclassifications, that are pending or proposed on or after November 21, 1994, shall conform to the comprehensive plan and applicable adopted community plans as follows: 1. For aspects of proposals where both the comprehensive plan and a previously adopted community plan have applicable policies or land use plan map designations that do not conflict, both the comprehensive plan and the community plan shall govem; 2. For aspects of proposals where both the comprehensive plan and a previously adopted community plan have applicable policies or plan map designations that conflict, the comprehensive plan shall govem; and 3. For aspects of proposals where either the comprehensive plan or a previously adopted community plan, but not both, has applicable policies or plan map designations, the plan with the applicable policies or designations shall govem; 20--,20 'Available In the office of the clerk of the council. (King County 6-2007) COMPREHENSIVE PLAN 20.12,015 - 20.12.017 E. Vested applications for subdivisions, short subdivisions and conditional uses for which significant adverse environmental impacts have not been identified may rely on existing zoning to govern proposed uses and densities. Subdivisions, short subdivisions and conditional uses also may rely on specific facility improvement standards adopted by ordinance, including but not limited to street improvement, sewage disposal and water supply standards, that conflict with the comprehensive plan but shall be conditioned to conform to all applicable comprehensive plan policies on environmental protection, open space, design, site planning and adequacy of on -site and off -site public facilities and services, in cases where specific standards have not been adopted; F. Vested permit applications for proposed buildings and grading and applications for variances, when categorically exempt from the procedural requirements of the state Environmental Policy Act, may rely on existing zoning and specific facility improvement standards adopted by ordinance; and G. Nothing in this section shall limit the county's authority to approve, deny or condition proposals in accordance with the state Environmental Policy Act. (Ord. 13625 § 16, 1999: Ord. 13273 § 3, 1998: Ord. 11575 § 2, 1994) 20.12,017 Conversion and consolidation of zoning. The following provisions complete the zoning conversion from Title 21 to Title 21A pursuant to Ordinance 10870, Section 5, as amended: A. Ordinance 11653 adopts area zoning to implement the 1994 King County Comprehensive Plan pursuant to the Washington State Growth Management Act RCW 36,760A. Ordinance 11653 also converts existing zoning in unincorporated King County to the new zoning classifications in the 1993 Zoning Code, codified in Title 21A, pursuant to the area zoning conversion guidelines in K.C.C. 21A.01.070. The following are adopted as attachments* to Ordinance 11653: Appendix A: 1994 Zoning Atlas, dated November 1994, as amended December 19, 1994, Appendix B: Amendments to Sear Creek Community Plan P-Suffix Conditions. Appendix C: Amendments to Federal Way Community Plan P-Suffix Conditions. Appendix D: Amendments to Northshore Community Plan P-Suffix Conditions. Appendix E: Amendments to Highline Community Plan P-Suffix Conditions. Appendix F: Amendments to Soos Creek Community Plan P-Suffix Conditions. Appendix G: Amendments to Vashon Community Plan P-Suffix Conditions. Appendix H: Amendments to East Sammamish Community Plan P-Suffix Conditions. Appendix k Amendments to Snoqualmie Valley Community Plan P-Suffix Conditions. Appendix J: Amendments to Newcastle Community Plan P-Suffix Conditions. Appendix K: Amendments to Tahoma/Raven Heights Community Plan P-Suffix Conditions. Appendix L: Amendments to Enumclaw Community Plan P-Suffix Conditions. Appendix M: Amendments to West Hill Community Plan P-Suffix Conditions. Appendix N: Amendments to Resource Lands Community Plan P-Suffix Conditions. Appendix O: 1994 Parcel List, as amended December 19, 1994. Appendix P: Amendments considered by the council January 9, 1995. S. Area zoning adopted by Ordinance 11653, including potential zoning, is contained in Appendices A and 0*. Amendments to area -wide P-suffix conditions adopted as part of community plan area zoning are contained in Appendices B through N`. Existing P-suffix conditions whether adopted through reclassifications or community plan area zoning are retained by Ordinance 11653 except as amended in Appendices 6 through N*. C. The department is hereby directed to correct the official zoning map in accordance with Appendices A through P* of Ordinance 11653. D. The 1995 area zoning amendments attached to Ordinance 12061 in Appendix A" are adopted as the official zoning control for those portions of unincorporated King County defined therein. 20-21 *Available in the office of the cleric of the council. 20.12.017 (King County 12-2006) PLANNING E. Amendments to the 1994 King County Comprehensive Plan area zoning, Ordinance 11653 Appendices A through P*, as contained in Attachment A* to Ordinance 12170 are hereby adopted to comply with the Decision and Order of the Central Puget Sound Growth Management Hearings Board in Vashon- Maury Island, et. al. v. King County, Case No. 95-3-0008. F. The Vashon Town Plan Area Zoning, attached to Ordinance 12395 as Attachment 2*, is adopted as the official zoning control for that portion of unincorporated King County defined therein. G. The 1996 area zoning amendments attached to Ordinance 12531 in Appendix A* are adopted as the official zoning control for those portions of unincorporated King County defined therein. Existing p- sufFix conditions whether adopted through reclassifications or area zoning are retained by Ordinance 12531. H. The Black Diamond Urban Growth Area Zoning Map attached to Ordinance 12533 as Appendix B* is adopted as the official zoning control for those portions of unincorporated King County defined therein. Existing p-suffix conditions whether adopted through reclassifications or area zoning are retained by Ordinance 12533. I. The King County Zoning Atlas is amended to include the area shown in Appendix B* as UR - Urban Reserve, one DU per 5 acres. Existing p-suffix conditions whether adopted through reclassifications or area zoning are retained by Ordinance 12535. The language from Section 1.D of Ordinance 12535 shall be placed on the King County Zoning Atlas page #32 with a reference marker on the area affected by Ordinance 12535. J_ The Northshore Community Plan Area Zoning is amended to add the Suffix "-DPA, Demonstration Project Area", to the properties identified on Map A* attached to Ordinance 12627. K. The special district overlays, as designated on the map attached to Ordinance 12809 in Appendix A*, are hereby adopted pursuant to K.C.C. 21A.38.020 and 21A.38.040. L, the White Center Community Plan Area Zoning, as revised in the Attachments* to Ordinance 11568, is the official zoning for those portions of White Center in unincorporated King county defined herein. M. Ordinance 12824 completes the zoning conversion process begun in Ordinance 11653, as set forth in K.C.C. 21A.01.070, by retaining, repealing, replacing or amending previously adopted p-suffix conditions or property -specific development standards pursuant to K.C.C. 21A.38.020 and K.C.C. 21A.38,030 as follows: 1. Resolutions 31072, 32219, 33877, 33999, 34493, 34639, 35137, and 37156 adopting individual zone reclassifications are hereby repealed and p-suffix conditions are replaced by the property specific development standards as set forth in Appendix A` to Ordinance 12824. 2. All ordinances adopting individual zone reclassifications effective prior to February 2, 1995, including but not limited to Ordinances 43, 118, 148, 255, 633, 1483, 1543, 1582, 1584, 1728, 1788, 2487, 2508, 2548, 2608, 2677, 2701, 2703, 2765, 2781, 2840, 2884, 2940, 2958, 2965, 2997, 3239, 3262, 3313, 3360, 3424, 3494, 3496, 3501, 3557, 3561, 3641, 3643, 3744, 3779, 3901, 3905, 3953, 3988, 4008, 4043, 4051, 4053, 4082, 4094, 4137, 4289, 4290, 4418, 4560, 4589, 4703, 4706, 4764, 4767, 4867, 4812, 4885, 4888, 4890, 4915, 4933, 4956, 4970, 4978, 5087, 5114, 5144, 5148, 5171, 5184, 5242, 5346, 5353, 5378, 5453, 5663, 5664, 5689, 5744, 5752, 5755, 5765, 5854, 5984, 5985, 5986, 6059, 6074, 6113, 6151, 6275, 6468, 6497, 6618, 6671, 6698, 6832, 6885, 6916, 6966, 6993, 7008, 7087, 7115, 7207, 7328, 7375, 7382, 7396, 7583, 7653, 7677, 7694, 7705, 7757, 7758, 7821, 7831, 7868, 7944, 7972, 8158, 8307, 8361, 8375, 8427, 8452, 9465, 8571, 8573, 8603, 8718, 8733, 8786, 8796, 8825, 8858, 8863, 8865, 8866, 9030, 9095, 9189, 9276, 9295, 9476, 9622, 9656, 9823, 9991, 10033, 10194, 10287, 10419, 10598, 10668, 10781, 10813, 10970, 11024, 11025, 11271, and 11651, are hereby repealed and p-suffix conditions are replaced by the property specific development standards as set forth in Appendix A* to Ordinance 12824. 3. All ordinances establishing individual reclassifications effective after February 2, 1995, are hereby amended, as set forth in Appendix C* to Ordinance 12824, to retain, repeal or amend the property specific development standards (p-suffix conditions) contained therein. 20-22 'Available in the office of the clerk of the council. (King County 12-2006) COMPREHENSIVE PLAN 20,12.017 4. All ordinances adopting area zoning pursuant to Resolution 25789 or converted by Ordinance 11653 are repealed as set forth in subsections a through n. All p-suffix conditions contained therein are repealed or replaced by adopting the property specific development standards as set forth in Appendix A` to Ordinance 12824, the special district overlays as designated in Appendix B* to Ordinance 12824 or the special requirements as designated in Appendix A* to Ordinance 12822. a. The Highline Area Zoning attached to Ordinance 3530*, as amended, is hereby repealed. b. The Shoreline Community Plan Area Zoning, attached to Ordinance 5080 as Appendix B*, as amended, is hereby repealed. c. The Newcastle Community Plan Area Zoning, attached to Ordinance 6422 as Appendix B*, as amended is hereby repealed. d. The Tahoma/Raven Heights Community Plan Area Zoning, attached to Ordinance 6986 as Appendix B*, as amended, is hereby repealed. e. The Revised Federal Way area zoning, adopted by Ordinance 7746, as amended, is hereby repealed. f. The Revised Vashon Community Plan Area Zoning, attached to Ordinance 7837 as Appendix B*, as amended, is hereby repealed. g. The Bear Creek Community Plan Area Zoning, attached to Ordinance 8846 as Appendix B*, as amended, is hereby repealed, h. The Resource Lands Area Zoning, adopted by Ordinance 8848, as amended, is hereby repealed. i. The Snoqualmie Valley Community Plan Area Zoning, as adopted by Ordinance 9118, is hereby repealed. j. The Enumclaw Community Plan Area Zoning attached* to Ordinance 9499, as amended, is hereby repealed. k. The Soos Creek Community Plan Update Area Zoning, adopted by Ordinance 10197, Appendix B*, as amended, is hereby repealed. 1. The Northshore Area Zoning adopted by Ordinance 10703 as Appendices B and E*, as amended, is hereby repealed. m. The East Sammamish Community Plan Update Area Zoning, as revised in Appendix B* attached to Ordinance 10847, as amended, is hereby repealed. n. The West Hill Community Plan Area Zoning adopted in Ordinance 11116, as amended, is hereby repealed. 5. All ordinances adopting area zoning pursuant to Title 21A and not converted by Ordinance 11653, including community or comprehensive plan area zoning and all subsequent amendments thereto, are amended as set forth in subsections a through f. All property specific development standards (p-suffix conditions) are retained, repealed, amended or replaced by the property specific development standards as set forth in Appendix A* to Ordinance 12824, the special district overlays as designated in Appendix B* to Ordinance 12824 or the special requirements as designated in Appendix A* to Ordinance 12822. a. The White Center Community Plan Area Zoning, contained in the Attachments* to Ordinance 11568, as subsequently amended, is hereby further amended as set forth in Appendix D*. b. All property specific development standards established in Ordinance 11653, as amended, are hereby amended as set forth in Appendix E*. c. All property specific development standards established in Attachment A* to Ordinance 11747, as amended, are hereby amended as set forth in Appendix 1=*. d. All property specific development standards established in Ordinance 12061, as amended, are hereby amended as set forth in Appendix G*. e. All property specific development standards established in Ordinance 12065, as amended, are hereby amended as set forth in K.C.C. 20.12.170, f. All property specific development standards established in Attachment A* to Ordinance 12170, as amended, are hereby amended as set forth in Appendix H*. (Ord. 12824 § 2, 1997: Ord. 12809 § 2, 1997: Ord. 12627 § 6, 1996: Ord. 12535 § 4, 1996: Ord. 12533 § 2, 1996: Ord, 12531 § 2, 1996: Ord. 12395 § 3, 1996: Ord_ 12170 § 2, 1995: Ord. 12061 § 2, 1995: Ord. 11653 § 6, 1995), 20-23 *Available in the office of the clerk of the council. 20.12.050 - 20.12.100 (King County 12-2006) PLANNING 20.12.050 Zoning, potential zoning, property -specific development standards, special district overlays, regional use designations and interim zoning. Zoning adopted pursuant to this section shall constitute official zoning for all of unincorporated King County. A. Official zoning, including but not limited to p-suffix, so -suffix and potential zoning, is contained in the SITUS file and is depicted on the official zoning maps, as maintained by the department of development and environmental services. B. Appendix A of Ordinance 12824, as amended by Ordinance 15028, is hereby adopted to constitute and contain all property -specific development standards (p-suffix conditions) applicable in unincorporated King County. The property specific development standards (p-suffix conditions) in effect or hereinafter amended shall be maintained by the department of development and environmental services in the Property Specific Development Conditions notebook. Any adoption, amendment or repeal of property - specific development standards shall amend, pursuant to this section, Appendix A" of Ordinance 12824 as currently in effect or hereafter amended. C. Appendix B* of Ordinance 12824, as amended by Ordinance 14044 [and] as amended by Ordinance 15028, is hereby adopted to constitute and contain special district overlays applied through Ordinance 12824. The special district overlays in effect or hereinafter amended shall be maintained by the department of development and environmental services in the Special District Overlay Application Maps notebook. Any adoption, amendment or repeal of special district overlays shall amend, pursuant to this section, Appendix B* of Ordinance 12824 as currently in effect or hereafter amended_ (Ord. 15028 § 4, 2004: Ord. 14044 § 3, 2001: Ord. 12824 § 3, 1997). 20.12.090 Park development policies. "King County Park development policies," attached to Ordinance 3813* are adopted and serve as a general basis for a park and recreation facility development, except that the comprehensive plan shall prevail where conflicts, if any, occur. (Ord. 7178 § 6, 1985: Ord_ 3813 § 1, 1978: Ord. 1096 § § 1, 2, 1972). 20.12.100 County space plan. The 2005 county space plan dated July 13, 2005, consisting of planning policies, location of county agencies and implementation plan, and incorporating the King County Department of Executive Services Space Plan 2004 transmitted by the executive on July 23, 2004, is adopted as a subelement of the public facilities element of the comprehensive plan and the master plan for county facility development as defined in K_C_C. 4.04,020. The county space plan dated July 13, 2005, shall govern development of all facility master plans, facility program plans and CIP and lease requests for space housing county agency operations. The executive shall update the current and future space needs and implementation plans of the county space plan and submit them to the council as amendments to the county space plan by March 1 of every other year, beginning on March 1, 2006. In accordance with Motion 11118, any future space plan documentation should use as a guideline the document "A Template for Space Planning: Recommendation from the King County Space & Facilities Peer Review Panel December 2000" ("peer review report"), which was adopted as Attachment C* to Ordinance 14515. While the peer review report should guide the preparation of future space planning documentation, it report does not constitute mandatory requirements for space planning. (15328 § 2, 2005: Ord. 14515 § 1, 2002: Ord. 10810 § 1, 1993)_ 20-24 *Available in the office of the clerk of the council. (King County 12-2006) COMPREHENSIVE PLAN 20.12.150 - 20.12.240 20.12.150 Affordable housing capital facilities plan. A. The goals, policies, objectives and strategies and the short range work program and mid -range work program contained in the revised Executive Proposed Affordable Housing Policy Plan dated September, 1987* are adopted as a functional plan of the King County Comprehensive Plan. As an amplification and augmentation of the King County Comprehensive Plan they constitute official county policy which affect housing supply, conditions, occupancy, cost, design, mix and location. B. The forecast of low-income housing needs, inventory of existing housing facilities, proposed locations of new facilities, and six -year financing plan contained in the Housing Capital Funding Plan set forth in Attachment A` to Ordinance 10315 are adopted as the low-income housing capital facilities subelement of the capital facilities element of the King County Comprehensive Plan. As an amplification and augmentation of the King County Comprehensive Plan, the low-income housing subelement constitutes county policy guidance for selection and funding of low-income housing projects to be included in the annual, adopted capital improvement program. (Ord. 10315 § 1, 1992: Ord. 8279, 1987). 20.12.200 Shoreline management master program. The policies, objectives and goals of the shorelines management master program,** are adopted as an addendum to the Comprehensive Plan for King County. As an addendum to the comprehensive plan, such policy statement constitutes the official policy of King County regarding areas of the county subject to shoreline management jurisdiction. (Ord. 3692 § 2, 1978). 20.12.240 White Center communities action plan. The White Center Community Action Plan, a bound and published document (Attachment 1*), as revised in the Attachments" to Ordinance 11568 is adopted as an amplification and augmentation of the Comprehensive Plan for King County and as such constitutes official county policy for the geographic area of unincorporated King County defined therein. (Ord. 13273 § 5, 1998: Ord 12824 § 7, 1997: Ord. 11653 § 10, 1995: Ord. 11568 § 1, 1994: Ord. 10430 § 1, 1992: Ord. 8996 § 1, 1989: Ord. 8922, 1989: Ord. 8863, 1989: Ord. 8822, 1989: Ord. 8251, 1987: Ord, 8138, 1987: Ord. 7640, 1986: Ord. 7490, 1986: Ord. 7291 § 1, 1985: Ord. 5453 § 2, 1981: Ord. 3530 §§ 1, 2, 3, 1977: Ord. 2883 § 1, 1976). 20-25 *Available in the office of the clerk of the council. "Available in the department of development and environmental services. (King County 6-2006) 20.12.325 - 20,12.410 PLANNING 20.12.325 Vashon Town Plan. A. The Vashon Town Plan dated June 1994, a bound and published document, as revised by the Vashon Town Plan Committee through November 29, 1995 is to be reviewed by the Metropolitan King County Council and adopted as an initial subarea plan for the Vashon Town Planning Area by March 31, 1996. (Ord. 12061 § 4, 1995). 20.12.337 West Hill community plan. A. The West Hill Community Plan, a bound and published document, as revised in the Attachments* to Ordinance 11166 is adopted as an amplification and augmentation of the Comprehensive Plan for King County and as such constitutes official county policy for the geographic area of unincorporated King County defined therein. (Ord. 12824 § 11, 1997: Ord. 12061 § 3, 1995: Ord. 11653 § 20, 1995: Ord. 11166 § 2, 1993)_ 20.12.380 King County open space plan. The goals, maps, guidelines and strategies of the King County open space plan, attached to Ordinance 8657 as amended by Addendum 1 *, and Addendum 2*, are adopted as a functional plan implementing the King County comprehensive plan. As such, they constitute official county policy for the evaluation, protection, acquisition and management of open space lands in King County. (Ord. 8657, 1988). 20.12.410 5everability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remainder of this chapter. (Ord. 8848 § 9, 1989). 'Available in the office of the clerk of the council. Editor's Note: Ordinance 2169, previously adopting the area zoning for upper Skykomish, was repealed and replaced by Ordinance 8848 (Ord. 8848 § 6). Resolution 30981, previously adopting area zoning In unincorporated King County in the vicinity of Auburn, was amended as shown In Appendix A as amended by Appendix 8 of Ordinance 8848 (Ord. 8848 § 7). 20-26 Resolution M60, previously adopting area zoning in unincorporated King County in the vicinity of Kent, was amended as shown in Appendix A as amended by Appendix B of Ordinance 8848 (Ord. 8848 § 0). K.C.C. 20.12.390 was repealed by Ord. 12824 § 16. (King County 6-2006) COMPREHENSIVE PLAN 20.12.433 - 20.12.435 20.12.433 King County Nonmotorized Transportation Plan. A. The King County Nonmotorized Transportation Plan, dated March 1993, attached to Ordinance 10812, is adopted as the nonmotorized transportation functional plan implementing related policies established in the adopted King County Comprehensive Plan, and constitutes an amplification and augmentation of official county policy with regard to transportation issues. B. The Nonmotorized Transportation Plan shall be implemented through: 1. Integration of nonmotorized projects into the annual transportation project priority process and the annual six year capital improvement program. 2. Updating the King County road standards. 3. County road maintenance, operating revisions and improvements. 4. Pursuit of additional public and private capital, maintenance and program funds at the local, regional, state and federal level for nonmotorized improvements. 5. Providing an overall guide for the coordination, development and implementation of the nonmotorized element of the county transportation system. (Ord. 11620 § 18, 1994). 20.12.435 King County Arterial HOV Transportation Plan. A. The King County Arterial HOV Transportation Plan, dated March 1993*, is adopted as the arterial HOV transportation functional plan implementing related policies established in the adopted icing County Comprehensive Plan, and constitutes an amplification and augmentation of official county policy with regard to transportation issues. B. The Arterial HOV Transportation Plan shall be implemented through: 1. Integration of HOV projects into the annual transportation project priority process and the annual six year capital improvement program. 2, Updating the King County road standards. 3. County road maintenance, operating revisions and improvements. 4. Pursuit of additional public and private capital, maintenance and program funds at the local, regional, state and federal level for HOV improvements. 5_ Providing an overall guide for the coordination, development and implementation of the HOV element of the county transportation system. (Ord. 11620 § 19, 1994). 20-27 "Available in the office of the clerk of the council. 20.12,460 - 20.12.464 (King County 12-2007) PLANNING 20.12.460 Tahoma School District Capital Facilities Plan. The Tahoma School District No. 409 Capital Facilities Plan 2007 to 2012, adopted June 26, 2007, which is included in Attachment A* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan, (Ord. 15965 § 2, 2007: 14802 § 2, 2003: Ord. 14525 § 2, 2002: Ord. 14258 § 2, 2001: Ord. 14009 § 2, 2000: Ord. 13673 § 2, 1999: Ord, 13338 § 2, 1998: Ord. 12928 § 2, 1997: Ord, 12532 § 2, 1996: Ord. 12063 § 2, 1995: Ord. 11569 § 2, 1994: Ord. 11037 § 2, 1993: Ord. 10122 § 3, 1991). 20.12.461 Federal Way Public Schools District Capital Facilities Plan. The Federal Way Public Schools 2008 Capital Facilities Plan, Building for the Future, undated, which is included in Attachment B* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 15965 § 3, 2007: Ord_ 15636 § 2, 2006: Ord. 15331 § 2, 2005: Ord. 15076 § 2, 2004: Ord. 14802 § 3, 2003: Ord. 14525 § 3, 2002: Ord. 14258 § 3, 2001: Ord. 14009 § 3, 2000: Ord_ 13673 § 3, 1999: Ord. 13338 § 3, 1998: Ord. 12928 § 3, 1997: Ord. 12532 § 3, 1996: Ord. 12063 § 3, 1995: Ord. 11569 § 3, 1994: Ord. 11037 § 3, 1993: Ord. 10470 § 2, 1992). 20.12.462 Riverview School District Capital Facilities Plan. The Riverview School District No_ 407 2007 Capital Facilities Plan, dated June 29, 2007, which is included in Attachment C' to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 15965 § 4, 2007: Ord. 15636 § 3, 2006: Ord. 15331 § 3, 2005: Ord. 15076 § 3, 2004: Ord. 14802 § 4, 2003: Ord, 14525 § 4, 2002: Ord. 14258 § 4, 2001: Ord. 14009 § 4, 2000, Ord. 13673 § 4, 1999: Ord. 13338 § 4, 1998: Ord. 12928 § 4, 1997: Ord. 12532 § 4, 1996: Ord. 12063 § 4, 1995: Ord. 11569 § 4, 1994: Ord_ 11037 § 4, 1993: Ord. 10472 § 2, 1992). 20.12.463 Issaquah School District Capital Facilities Plan. The Issaquah School District No_ 411 2007, Capital Facilities Plan, adopted July 11, 2007, which is included in Attachment D* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan_ (Ord. 15965 § 5, 2007. Ord. 15636 § 4, 2006: Ord. 15331 § 4, 2005: Ord. 15076 § 4, 2004: Ord, 14802 § 5, 2003: Ord. 14525 § 5, 2002: Ord. 14258 § 5, 2001: Ord. 14009 § 5, 2000: Ord. 13673 § 5, 1999: Ord. 13338 § 5, 1998: Ord. 12928 § 5, 1997: Ord. 12532 § 5, 1996: Ord, 12063 § 5, 1995: Ord, 11569 § 5, 1994: Ord. 11037 § 5, 1993: Ord. 10633 § 2, 1992) 20.12.464 Snoqualmie Valley School District Capital Facilities Plan. The Snoqualmie Valley School District 410 Capital Facilities Plan 2007, approved July 12, 2007, which is included in Attachment E* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 15965 § 6, 2007: Ord. 15636 § 5, 2006: Ord. 15331 § 5, 2005: Ord. 15076 § 5, 2004: Ord. 14802 § 6, 2003: Ord. 14525 § 6, 2002: Ord. 14258 § 6, 2001: Ord. 14009 § 6, 2000: Ord. 13673 § 5, 1999: Ord, 13338 § 6, 1998: Ord. 12928 § 6, 1997: Ord. 12532 § 6, 1996: Ord, 12063 § 6, 1995: Ord. 11569 § 6, 1994: Ord. 10722 § 2, 1993)_ 20-28 *Available in the office of the cleric of the council. (King County 12-2007) COMPREHENSIVE PLAN 20.12.465 - 20.12.471 20.12.465 Highline School District Capital Facilities Plan. The Highline School District No. 401 Capital Facilities Plan 1999-2000 to 2004-2005, dated June 1999, which is included in Attachment F* to Ordinance 13673 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 13673 § 7, 1999: Ord. 13338 § 7, 1998: Ord. 12928 § 7, 1997: Ord. 12532 § 7, 1996: Ord. 12063 § 7, 1995: Ord. 11569 § 7, 1994: Ord. 10722 § 3, 1993). 20.12.466 Lake Washington School District Capital Facility Plan. The Lake Washington School District #414 Six -Year Capital Facility Plan 2007-2012, approved August 27, 2007, which is included in Attachment F* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 15965 § 7, 2007: Ord. 15636 § 6, 2006: Ord. 15331 § 6, 2005: Ord. 15076 § 6, 2004: Ord. 14802 § 7, 2003: Ord. 14525 § 7, 2002: Ord. 14258 § 7, 2001: Ord. 14009 § 7, 2000: Ord. 13673 § 8, 1999: Ord. 13338 § 8, 1998: Ord. 12928 § 8, 1997: Ord. 12532 § 8, 1996: Ord. 12063 § 8, 1995: Ord. 11569 § 8, 1994: Ord. 10790 § 2, 1993). 20.12.467 Kent School District Capital Facilities Plan. The Kent School District No_ 415 Capital Facilities Plan 2007-2008 - 2012-2013, dated April 2007, which is included in Attachment G* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord_ 15965 § 8, 2007: Ord. 15636 § 7, 2006: Ord. 15331 § 7, 2005: Ord. 15076 § 7, 2004: 14802 § 8, 2003: Ord. 14525 § 8, 2002: Ord. 14258 § 8, 2001: Ord. 14009 § 8, 2000: Ord. 13673 § 9, 1999: Ord. 13338 § 9, 1998: Ord. 12928 § 9, 1997: Ord. 12532 § 9, 1996: Ord. 12063 § 9, 1995: Ord. 11569 § 9, 1994: Ord. 10982 § 2, 1993). 20.12.468 Northshore School District Capital Facilities Plan. The Northshore School District No. 417 2006 Capital Facilities Plan, adopted May 9, 2006, which is included in Attachment G* to Ordinance 15636 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 15636 § 8, 2006: Ord. 15076 § 8, 2004: Ord. 14802 § 9, 2003: Ord. 14525 § 9, 2002: Ord. 14258 § 9, 2001: Ord, 14009 § 9, 2000: Ord. 13673 § 10, 1999: Ord. 13338 § 10, 1998: Ord. 12928 § 10, 1997: Ord. 12532 § 10, 1996: Ord. 12063 § 10, 1995: Ord. 11569 § 10, 1994: Ord. 11148 § 2, 1993). 20.12.469 Enumclaw School District Capital Facilities Plan. The Enumclaw School District No. 216 Capital Facilities Plan 2007-2012, dated May 2007, which is included in Attachment H* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County County Comprehensive Plan. (Ord. 15965 § 9, 2007: Ord. 14525 § 10, 2002: Ord. 14258 § 10, 2001: Ord. 14009 § 10, 2000: Ord. 13673 § 11, 1999: Ord. 13338 § 11. 1998: Ord. 12928 § 11, 1997: Ord. 12532 § 11, 1996: Ord. 12063 § 11, 1995). 20.12.470 Fife School District Capital Facilities Plan. The Fife School District No. 417 Capital Facilities Plan 2007-2013, adopted April 30, 2007, which is included in Attachment 1* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 15965 § 10, 2007: Ord. 15636 § 10, 2006: Ord. 15331 § 8, 2005: Ord. 15076 § 9, 2004: Ord. 14802 § 10, 2003: Ord. 14258 § 11, 2001: Ord. 14009 § 11, 2000: Ord. 13673 § 12, 1999: Ord. 13338 § 12, 1998: Ord. 12928 § 12, 1997: Ord. 12532 § 12, 1996). 20.12.471 Auburn School District Capital Facilities Plan. The Auburn School District No_ 408 Capital Facilities Plan 2007 through 2013, adopted April 23, 2007, which is included in Attachment J* to Ordinance 15965 and is incorporated herein by reference, is adopted as a subelement of the capital facilities element of the King County Comprehensive Plan. (Ord. 15965 § 11, 2007: Ord. 15636 § 10, 20-29 2006: Ord. 15331 § 9, 2005: Ord. 15076 § 10, 2004: Ord. 14802 § 11, 2003: Ord. 14525 § 12, 2002: Ord. 14258 § 12, 2001: Ord. 14009 § 12, 2000: Ord. 13673 § 13, 1999: Ord. 13338 § 13, 1998). "Available in the office of the clerk of the council. 20.12.480 - 20.12.485 (King County 12-2007) PLANNING 20.12.480 King County Flood Hazard Reduction Plan Policies. The King County Flood Hazard Management Plan, as shown in Attachment A to this ordinance is adopted as a functional plan to guide King County's river and floodplain management program and to meet the intent of the natural environment, and facilities and services policies of the King County Comprehensive Plan. As an amplification and augmentation of the King County Comprehensive Plan, the flood hazard management plan constitutes official county policy with regard to river and floodplain management in King County. For each site -specific project, such as levee improvements or concentrated areas of home buyouts or elevations, a project summary is included to provide a better understanding of the flood or erosion conditions of concern and the action or actions proposed to address them. Project summaries, and references to easements, buffers or levee improvements, including levee laybacks, in connection with such project summaries are intended to function at the level of planning documents and do not assume that the nature and scope of each of the described projects are the final project or action that are described in this chapter 5** or in Appendices E, F and G of Attachment A to this ordinance. The proposed projects and actions are not intended to substitute for the site -specific analysis to determine what is required for each of the site specific capital projects that will be recommended and adopted as part of an annual capital improvement plan. The priority, scope, nature and cost of the proposed projects or actions may change as the hydraulic, engineering and geotechnical conditions at each site are analyzed in greater detail, and as engineering alternatives are developed, analyzed, reviewed and negotiated with federal, state, local and tribal agencies and affected property owner or owners. However, while the plan sets forth what the county currently believes are best practices, nothing in this plan creates or precludes the creation of new land use requirements, laws or regulations. For the reach of the Tukwila 205 levee and any extensions thereof between South 180th Street and South 204th Street, the setback, easement, and slope design recommendations of the King County Flood Hazard Management Plan are satisfied if the repair, extension or modification of an existing levee or the design of a new levee meet the design guidelines and factors of safety in United States Army Corps of Engineers Engineering Manual for the Design and Construction of Levees (EM 1110-2-1913) dated April 30, 2000, as most currently updated. (Ord. 15673 § 2, 2007: Ord. 11112 § 1, 1993). 20.12.485 Potential Annexation Area Process. The potential annexation area process involves two separate determinations: the boundaries of the PAA's, and how services within those PAA's are to be provided. Executive staff negotiating these issues with the relevant cities shall assure that residents and community groups in the affected areas are given meaningful opportunities to participate in the negotiation process. Executive staff shall keep councilmembers in whose districts the PAA's are located apprised of public participation processes undertaken by the executive, and provide them with notice of any public meetings on PAA's well in advance of the meetings. If executive staff relies on city planning processes in which the county has not participated, documentation of the processes used by the cities shall be transmitted with any recommended PAA agreements. Further, executive staff shall provide summaries of the processes it has used to achieve public participation in any transmittals of PAA agreements forwarded to the council. (Ord. 12061 § 5, 1995). 20-30 *Available in the office of the clerk of the council- -Reviser's note. "this chapter 5" is apparently referring to Chapter 5 of Attachment A to Ordinance 15673. (King County 12-2007) BASIN PLANS 20.14 Chapter 20.14 BASIN PLANS Sections: 20.14.010 Coal Creek Basin Plan. 20.14.020 Soos Creek Basin Plan. 20.14.025 Covington Master Drainage Plan. 20.14.030 Bear Creek Basin Plan. 20.14.040 Hylebos Creek and Lower Puget Sound Basin Plan, 20A4.050 East Lake Sammannish Basin Plan and Nonpoint Action Plan. 20.14.060 Issaquah Creek Basin and Nonpoint Action Plan. 20,14.070 Lower Cedar River Basin Plan and Nonpoint Pollution Action Plan. 20,14,080 May Creek Basin Action Plan. 20-31 BLANK 20-32 (King County 6-2006) BASIN PLANS 20.14.010-20,14.025 20.14.010 Coal Creek Basin Plan. The Coal Creek Basin Plan, as revised, attached to Ordinance 8380 as Appendix A*, and the Capital Improvement Project schedule required for Plan implementation, attached to Ordinance 8380 as Appendix B*, is adopted as an amplification and augmentation of the Comprehensive Plan for King County, and as such, constitutes official county policy for the geographic area defined therein. (Ord. 8380 § 1, 1988). 20.14.020 Soos Creek Basin Plan. The Soos Creek Basin Plan, dated June 7, 1990, Attachment A to Ordinance 10238*, as amended by Appendix A of Ordinance 13190*, is adopted to implement surface water management and environmental policies of the King County Comprehensive Plan with the exception of those policies pertaining to density restrictions and clearing provisions which are set out in the adopted Soos Creek Community Plan Update and the updated Tahoma/Raven Heights Community Plan Amendment. The Soos Creek Basin Plan constitutes official county policy with regard to surface water management in the Soos Creek Basin and designates regionally significant resource areas and locally significant resource areas in the basin. (Ord. 13190 § 6, 1998: Ord. 10238, 1992). 20.14,025 Covington Master Drainage Plan. A. Adopted. The Covington Master Drainage Plan dated January 1992, Attachment A to Ordinance 10293*, as amended by Appendix B of Ordinance 13190*, is hereby adopted, augmenting and amplifying county policy established in the Soos Creek Basin Plan with regard to surface water management within the boundaries of the Covington Master Drainage Plan area as designated by Ordinance 9772. B. Special drainage conditions authorized. The water and land resources division is hereby authorized to revise the King County Surface Water Design Manual to include a new Appendix with the following special drainage provisions for development to be applied in the Covington Master Drainage Plan area: 1. Development proposals in the Covington Master Drainage Plan area are encouraged to submit plans for shared surface water management facilities, as defined in the Covington Master Drainage Plan under regional or subregional surface water management facilities, that treat and dispose of the runoff from more than one development. These shared surface water management facilities shall provide the same level of control and treatment of surface water as required by the King County Surface Water Design Manual and relevant sections of this section. 2. Development in the Covington Master Drainage Plan area that proposes to infiltrate stormwater generated by the project must submit a plan which includes an amendment to the off - site analysis pursuant to K.C.C. 9.04.050 identifying the location of domestic water supply wells within a one mile radius of the proposed infiltration facilities, and, if any wells are present, provides: a. an assessment of human health risks from infiltration, and b. recommendations for appropriate measures to mitigate identified health risks. The plan shall be reviewed and approved by King County. 3. Development proposed in the areas with glacial till (Alderwood) soils identified on Attachment 2 to Ordinance 10293 shall be required to meet level two flow control when required to provide flow control under the Surface Water Design Manual. 4_ All new commercial and industrial development in the Covington Master Drainage Plan Area shall be required to submit a plan identifying the appropriate source controls and best management practices in accordance with K.C.C. chapter 9.12 The plan shall be reviewed and approved by King County. 5. All commercial and industrial development proposals shall submit plans for secondary spill containment for all electrical and mechanical equipment mounted on rooftops and plans showing the use of relatively inert materials (i.e., vinyl) for roofing and gutter materials. The plan shall be reviewed and approved by King County. 20-33 *Available at the office of the clerk of the council. 20.14.025 - 20.14.030 (King County 6-2006) PLANNING 6. Developments proposed in the Covington Master Drainage Plan area within one hundred feet of the edge of Jenkins Creek 25 or Soos Creek 77 wetlands shall have wetland buffers established using a sliding scale of buffer width defined as follows: Buffer Composition Buffer Width % Forest Feet 100 50 80 60 60 70 40 80 20 90 0 100 Forests are defined as the area covered by trees greater than four inches diameter at breast height and twenty feet in height. 7. Developments in the Covington Master Drainage Plan Area within one hundred feet of the ordinary high watermark of Jenkins and Little Soos Creeks shall be required to re-establish native vegetation in stream buffers where native vegetation has been destroyed or disturbed. A plan for revegetation shall be reviewed and approved by King County. Planting shall be complete before issuance of an occupancy permit for the development. If the department of development and environmental services determines that the season is inappropriate for planting, the occupancy permit can be granted, provided a bond is established for the costs of revegetation. 8. New stream or wetland crossings by roads or utilities within the Master Drainage Plan area shall not be permitted unless no practical alternative exists. Plans will be submitted to King County for review and approval. The adverse environmental effects of new crossings shall be mitigated in accordance with SEPA requirements. 9. New developments within one hundred feet of the ordinary high water mark of Jenkins and Little Soos Creek shall be required to submit plans to restrict access to the streams and their buffers using fences, barriers and other means consistent with the recommendations of the Sensitive Areas Ordinance fencing committee. The plan will be reviewed and approved by King County. C. Conditions authorized. The water and land resources division is hereby authorized to attach such conditions of approval to any development as may be necessary to achieve the state standards for fecal coliform and copper loading, as set out in the Covington Master Drainage Plan. (Ord. 13190 § 7, 1998: Ord. 10732 § 1, 1993: Ord. 10293 §§ 1, 2, 6, 7, 9, 1992). 20.14.030 Bear Creek Basin Plan. The Bear Creek Basin Plan, dated July 1990, as amended by Attachment A to Ordinance 10513+, Appendix B to Ordinance 12015+ and Appendix C of Ordinance 13190, is adopted to implement the surface water management and environmental policies of the King County Comprehensive Plan. The Bear Creek Basin Plan constitutes official county policy with regard to surface water management in the Bear Creek Basin and designates regionally significant resource areas and locally significant resource areas depicted in the Bear Creek Basin Plan. Pursuant to policy NE-307 of the 1994 King County Comprehensive Plan the King County executive shall study the standards of protection needed for regionally significant resource areas and locally significant resource areas and report the findings and recommendations to the council in 1995. Based on the report, the metropolitan King County council will review and may revise the regionally significant resource areas and locally significant resource areas designated in the Bear Creek Basin Plan_ (Ord. 13190 § 8, 1998: 12015 §§ 5, 6, 1995: Ord. 10513, 1992). 20-34 Available at the office of the clerk of the council. (King County 6-2006) BASIN PLANS 20.14.040 - 20,14.060 20.14.040 Hylebos Creek and Lower Puget Sound Basin Plan. The executive Proposed Hylebos Creek and Lower Puget Sound Basin Plan, dated July 1991, Attachment A as amended in Attachment B to Ordinance 11087' and by Appendix D of ordinance 13190', is adopted to implement surface water management and environmental policies of the King County Comprehensive Plan. The executive Proposed Hylebos Creek and Lower Puget Sound Basin Plan constitutes official county policy with regard to surface water management in the Hylebos Creek and Lower Puget Sound Basins and designates regionally significant resource areas and locally significant resource areas in the basins. (Ord. 13190 § 9, 1998: Ord. 11087, 1993). 20.14.060 East Lake Sammamish Basin Plan and Nonpoint Action Plan. The East Lake Sammamish Basin Plan and Nonpoint Action Plan consisting of Volume 1, dated May 11, 1992 and Volume 2 dated December 1992 as shown in Attachment A to Ordinance 11111*, as amended in Attachment B to Ordinance 11111` and by Appendix E of Ordinance 13190*, is adopted to implement the surface water management and environmental policies of the King County Comprehensive Plan. The East Lake Sammamish Basin Plan and Nonpoint Action Plan constitutes official county policy with regard to surface water management in the East Lake Sammamish Basin and designates regionally significant resource areas and locally significant resource areas in the basin. (Ord. 13190 § 10, 1998: Ord. 11111, 1993). 20.14.060 Issaquah Creek Basin and Nonpoint Action Plan. The Watershed Management Committee - Proposed Issaquah Creek Basin and Nonpoint Action Plan, as shown in Attachment A to Ordinance 11886' and amended in Attachment B to Ordinance 11886* and Appendix F of Ordinance 13190% is adopted to implement the surface water management and environmental policies of the King County Comprehensive Plan. The Watershed Management Committee - Proposed Issaquah Creek Basin and Nonpoint Action Plan constitutes official county policy with regard to surface water management in the Issaquah Creek basin and designates regionally significant resource areas and locally significant resources areas in the basin. Pursuant to the policy NE-307 of the 1994 King County Comprehensive Plan the King County executive shall study the standards of protection needed for regionally significant resource areas and locally significant resources areas and report the findings and recommendations to the council in 1995. Based on the report, the metropolitan King County council will review and may revise the regionally significant resource areas and locally significant resources areas designated in the Issaquah Creek Basin Plan. (Ord. 13190 § 11, 1998: Ord. 11886 §§ 1, 4, 1995). 20-35 * Available at the office of the clerk of the council. 20.14.070 - 20.14.080 (King County 6-2006) PLANNING 20.14.070 Lower Cedar River Basin Plan and Nonpoint Pollution Action Plan. A. The Watershed Management Committee - Proposed Lower Cedar River Basin and Nonpoint Pollution Action Plan, as shown in Attachment A and as amended in Attachment B to Ordinance 12809* and Appendix G of Ordinance 13190*, is adopted to implement the surface water management and environmental policies of the King County Comprehensive Plan, provided, however, the following conditions shall apply: 1. The executive shall transmit within thirty days from the council's adoption of the Lower Cedar River Basin and Nonpoint Pollution Action Plan, legislation which establishes a detailed work plan and any necessary code changes to implement the forest incentive program elements described in Chapter 4; and 2. The executive shall transmit to the council for review by the utilities and natural resources committee with sixty days of the council's adoption of the Lower Cedar River Basin and Nonpoint Pollution Action Plan, the base line data and the methodology for monitoring and evaluating the progress of the forest incentive program in the Cedar River Basin consistent with the indicators outlined in Chapter 4, and shall thereafter submit annual progress reports to the council consistent with that established methodology; and 3. The executive shall transmit to the council for review by the utilities and natural resources committee within sixty days of the council's adoption of the Lower Cedar River Basin and Nonpoint Pollution Action Plan, criteria for prioritizing future surface water CIP and bond program projects, and the process for early review by the Cedar River Council of projects proposed for funding in the Cedar River Basin, The Watershed Management Committee - Proposed Lower Cedar River Basin and Nonpoint Pollution Action Plan constitutes official county policy with regard to surface water management in the Cedar River basin and designates regionally significant resource areas and locally significant resource areas in the basin, (Ord. 13190 § 12, 1998: Ord, 12809 § 1, 1997). 20.14.080 May Creek Basin Action Plan. The May Creek Basin Action Plan, as amended, in Attachment A of Ordinance 14091*, is adopted to implement the surface water management and environmental policies of the King County Comprehensive Plan, The May Creek Basin Action Plan constitutes official county policy with regard to surface water management in the May Creek basin and designates locally significant resource areas in the basin. (Ord. 14091 § 1, 2001). 20--36 * Available at the office of the clerk of the council. (icing County 6-2006) PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION Sections: 20,18.010 20.18.020 20.18.030 20.18.040 20.18.050 20.18.055 20.18.060 20.18.070 20.18.080 20.18.090 20.18.100 20.18.110 20.18.120 20,18.130 20.18.140 20.18.150 20.18.160 20.18.170 Chapter 20.18 PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION 20.18 Effective date. Purpose. General procedures. Site -specific land use map amendment classification. Site -specific land use map amendments initiation. Site -specific land use map amendment review standards and transmittal procedures. Four-year cycle process, Annual cycle process. Subarea plan procedures. Development regulations preparation. Description of the amendments. Notice of public hearing for comprehensive plan amendments and development regulations. Notice of public hearing for area zoning. Amendment process following the conclusion of the public review and comment period. Provision for receipt, review of and response to the docket. Provision for notice of intent to amend, and post -adoption notice. Public participation program, basic elements. The four to one program — process for amending the urban growth area to achieve open space. 20,18.180 The four to one program — criteria for amending the urban growth area to achieve open space. 20.18.300 Severability. 20-37 BLANK 20-38 (King County 6-2006) PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR 20.18.010 - 20,18.030 OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION 20.18.010 Effective date. This chapter shall'become effective on June 11, 1998. (Ord. 13147 § 38, 1998). 20.18.020 Purpose. The purpose of this chapter is to establish the procedures and review criteria for amending the county's comprehensive plan and development regulations and providing for public participation. Amendments to the comprehensive plan are the means by which the county may modify its twenty-year plan for land use, development or growth policies in response to changing county needs or circumstances. All plan and development regulation amendments will be reviewed in accordance with the state Growth Management Act (GMA) and other applicable state laws, the countywide planning policies, the adopted King County Comprehensive Plan, and applicable capital facilities plans. All plan and development regulation amendments will be afforded appropriate public review pursuant to the provisions of this ordinance. (Ord. 13147 § 18, 1998). 20-18.030 General procedures. A. The King County Comprehensive Plan shall be amended pursuant to this chapter, which, in compliance with RCW 36.70A.130(2), establishes a public participation program whereby amendments are considered by the council no more frequently than once a year as part of the amendment cycle established in this chapter, except that the council may consider amendments more frequently to address: 1. Emergencies; 2. An appeal of the plan filed with the Central Puget Sound Growth Management Hearings Board or with the court; 3. The initial adoption of a subarea plan, which may amend the urban growth area boundary only to redesignate land within a joint planning area; 4. The adoption or amendment of a shoreline master program under chapter 90.58 RCW; or 5. An amendment of the capital facilities element of the Comprehensive Plan that occurs in conjunction with the adoption of the county budget. B. Every year the Comprehensive Plan may be amended to address technical updates and corrections, and to consider amendments that do not require substantive changes to policy language, changes to the priority areas map, or changes to the urban growth area boundary, except as permitted in subsection B.5, 10 and 12 of this section. This review may be referred to as the annual cycle. The Comprehensive Plan, including subarea plans, may be amended in the annual cycle only to consider the following: 1. Technical amendments to policy, text, or maps; 2. The annual capital improvement plan; 3. The transportation needs report; 4. School capital facility plans; 5. Changes to the priority areas map that are required by annexations and incorporations; 6. Changes required by existing Comprehensive Plan policies; 7_ Changes to the technical appendices and any amendments required thereby; 8. Comprehensive updates of subarea plans initiated by motion; 9. Changes required by amendments to the countywide planning policies or state law; 10. Redesignation proposals under the four to one program as provided for in this chapter; 11. Amendments necessary for the conservation of threatened and endangered species; and 12. Site -specific comprehensive land use map amendments that do not require substantive change to comprehensive plan policy language and that do not alter the urban growth area boundary, except to correct mapping errors. 20-39 (King County 6-2006) 20.18.030 - 20.18,040 PLANNING C. Every fourth year beginning in 2000, the county shall complete a comprehensive review of the Comprehensive Plan in order to update it as appropriate and to ensure continued compliance with the GMA. This review may provide for a cumulative analysis of the twenty-year plan based upon official population growth forecasts, benchmarks and other relevant data in order to consider substantive changes to policy language and changes to the urban growth area (UGA). This comprehensive review shall begin one year in advance of the transmittal and may be referred to as the four-year cycle. The urban growth area boundaries shall be reviewed in the context of the four-year cycle and in accordance with countywide planning policy FW-1 and RCW 36.70A.130. If the county determines that the purposes of the Comprehensive Plan are not being achieved as evidenced by official population growth forecasts, benchmarks, trends and other relevant data, substantive changes to the Comprehensive Plan may also be considered on even calendar years. This determination shall be authorized by motion, The motion shall specify the scope of the even -year amendment, and identify that the resources necessary to accomplish the work are available. An analysis of the motion's fiscal impact shall be provided to the council before to adoption. The executive shall determine if additional funds are necessary to complete the even -year amendment, and may transmit an ordinance requesting the appropriation of supplemental funds. D. The executive shall seek public comment on the Comprehensive Plan and any proposed Comprehensive Plan amendments in accordance with the procedures in K_C_C_ 20,18,160 before making a recommendation, in addition to conducting the public review and comment procedures required by SEPA. The public, including unincorporated area councils, shall be afforded at least one official opportunity to record public comment before to the transmittal of a recommendation by the executive to the council. County -sponsored councils and commissions may submit written position statements that shall be considered by the executive before transmittal and by the council before adoption, if they are received in a timely manner. The executive's recommendations for changes to policies, text, and maps shall include the elements listed in Comprehensive Plan policy RP-307 and analysis of their financial costs and public benefits, any of which may be included in environmental review documents. Proposed amendments to the Comprehensive Plan shall be accompanied by any development regulations or amendments to development regulations, including area zoning, necessary to implement the proposed amendments. (Ord. 14047 § 1, 2001: Ord, 13147 § 19, 1998). 20.18.040 Site -specific land use map amendment classification. A. Site -specific land use map amendments may be considered annually or during the four year review cycle, depending on the degree of change proposed. B. The following categories of site -specific land use map amendments may be initiated by either the county or a property owner for consideration in the annual review cycle: 1. Amendments that do not require substantive change to comprehensive plan policy language and that do not alter the urban growth area boundary, except to correct mapping errors; and 2, Four-to-one-proposals- C. The following categories of site -specific land use map amendments may be initiated by either the county or a property owner for consideration in four-year review cycle: 1. amendments that could be considered in the annual review cycle; 2. amendments that require substantive change to Comprehensive Plan policy language; and 3. amendments to the urban growth area boundary. (Ord. 14047 § 2, 2001: Ord. 13147 § 20, 1998). 20-40 (King County 6-2006) PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR 20.18.050 OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION 20.18.050 Site -specific land use map amendments initiation. A. Site -specific land use map amendments are legislative actions that may only be initiated by property owner application, by council motion, or by executive proposal. All site -specific land use map amendments must be evaluated by the hearing examiner before adoption by the council in accordance with this chapter. 1. If initiated by council motion, the motion shall refer the proposed site -specific land use amendment to the department of development and environmental services for preparation of a recommendation to the hearing examiner. The motion shall also identify the resources and the work program required to provide the same level of review accorded to applicant -generated amendments. An analysis of the motion's fiscal impact shall be provided to the council before adoption. If the executive determines that additional funds are necessary to complete the work program, the executive may transmit an ordinance requesting the appropriation of supplemental funds. 2. If initiated by executive proposal, the proposal shall refer the proposed site -specific land use amendment to the department of development and environmental services for preparation of a recommendation to the hearing examiner. 3. If initiated by property owner application, the property owner shall submit a docketed request for a site -specific land use amendment. Upon receipt of a docketed request for a site -specific land use amendment, the request shall be referred to the department of development and environmental services for preparation of a recommendation to the hearing examiner. B. All proposed site -specific land use map amendments, whether initiated by property owner application, by council motion, or by executive proposal shall include the following: 1. Name and address of the owner(s) of record; 2. Description of the proposed amendment; 3. Property description, including parcel number, property street address and nearest cross street; 4. County assessor's map outlining the subject property; and 5_ Related or previous permit activity. C. Upon initiation of a site specific land use map amendment, an initial review conference will be scheduled by the department of development and environmental services. The owner or owners of record of the property shall be notified of and invited to attend the initial review conference. At the initial review conference, the department will review the proposed amendment's consistency with applicable county policies or regulatory enactments including specific reference to comprehensive plan policies, countywide planning policies and state Growth Management Act requirements. The proposed amendment will be classified pursuant to K_C.C. 20.18.040 and this information either will be provided at the initial review conference or in writing to the owner or owners of record within thirty days. D. if a proposed site -specific land use map amendment is initiated by property owner application, the property owner shall, following the initial review conference, submit the completed application including an application fee and an environmental checklist to the department of development and environmental services to proceed with review of the proposed amendment. E. If a proposed site -specific land use map amendment is initiated by council motion, following the initial review conference, the council shall submit an environmental checklist to the department of development and environmental services to proceed with review of the proposed amendment. F. If a proposed site -specific land use map amendment is initiated by executive proposal, following the initial review conference, the executive shall submit an environmental checklist to the department of development and environmental services to proceed with review of the proposed amendment. 20-41 (King County 6-2006) 20.18.050 - 20.18.055 PLANNING G. Following the submittal of the information required by subsections b, E or F, the department of development and environmental services shall submit a report including an executive recommendation on the proposed amendment to the hearing examiner within one hundred twenty days. The department of development and environmental services shall provide notice of a public hearing and notice of threshold determination pursuant to K.C.C. 2020.060 F, G and H. The hearing will be conducted by the hearing examiner pursuant to K_C_C. 20.24.400. Following the public hearing, the hearing examiner shall prepare a report and recommendation on the proposed amendment pursuant to K.C.C. 20.24.400. A compilation of all completed reports will be considered by the council pursuant to K.C.C. 20.18.070. H. A property -owner -initiated for a site -specific land use map amendment may be accompanied by an application for a zone reclassification to implement the proposed amendment, in which case administrative review of the two applications shall be consolidated to the extent practical consistent with this ordinance and K.C.C. chapter 20.20. The council's consideration of a site -specific land use map amendment is a legislative decision which will be determined before and separate from their consideration of a zone reclassification which is a quasi-judicial decision. If a zone reclassification is not proposed in conjunction with an application for a site -specific land use map amendment and the amendment is adopted, the property shall be given potential zoning. A zone reclassification pursuant to K.C.C. 20.20.020 will be required in order to implement the potential zoning. I. Site -specific land use map amendments for which a completed recommendation by the hearing examiner has been submitted to the council by January 15 will be considered concurrently with the annual amendment to the comprehensive plan. Site specific land use map amendments for which a recommendation has not been issued by the hearing examiner by January 15 will be included in the next appropriate review cycle following issuance of the examiners recommendation. J. No amendment to a land use designation for a property may be initiated unless at least three years have elapsed since council adoption or review of the current designation for the property. This time limit may be waived by the executive or the council if the proponent establishes that there exists either an obvious technical error or a change in circumstances justifying the need for the amendment. 1. A waiver by the executive shall be considered after the proponent has submitted a docket request in accordance with K.C.C. 20.18.140. The executive shall render a waiver decision within forty-five days of receiving a docket request and shall mail a copy of this decision to the proponent. 2. A waiver by the council shall be considered by motion. (Ord. 14561 § 27, 2002: Ord. 14047 § 3, 2001: Ord. 13147 § 21, 1998). 20.18.055 Site -specific land use map amendment review standards and transmittal procedures. A. All site -specific land use map amendments, whether initiated by property owner application, by council motion, or by executive proposal, shall be reviewed based upon the requirements of Comprehensive Plan policy RP-307, and must meet the following additional review standards: 1. Consistency with the policies, objectives and goals of the Comprehensive Plan, (including any applicable subarea plans), the countywide planning policies and the state Growth Management Act; 2. Compatibility with adjacent and nearby existing and permitted land uses; and 3. Compatibility with the surrounding development pattern. B. Site -specific land use map amendments for which recommendations have been issued by the hearing examiner by January 15 shall be submitted to the executive and the council by the hearing examiner by January 15. The department will provide for a cumulative analysis of these recommendations and such analysis will be included in the annual March transmittal. All such amendments will be considered concurrently by the council committee charged with the review of the comprehensive plan. Following this review, site -specific land use map amendments which are recommended by this committee will be incorporated as an attachment to the adopting ordinance transmitted by the executive for consideration by 20—A2 the full council. Final action by the council on these amendments will occur concurrently with the annual amendment to the comprehensive plan. (Ord. 14047 § 4, 2001). (King County 6-2006) PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR 20,18.060 - 20.18.080 OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION 20.18.060 Four-year cycle process. A. Beginning in 1999, and every fourth year thereafter the executive shall transmit to the council by the first business day of March a proposed motion specifying the scope of work for proposed amendments to the Comprehensive Plan that will occur in the following year, which motion shall include the following: 1. topical areas relating to amendments to policies, the land use map and/or implementing development regulations that the executive intends to consider for recommendation to the council; and 2. an attachment to the motion advising the council of the work program the executive intends to follow to accomplish SEPA review and public participation. B. The council shall have until April 30 to approve the motion. In the absence of council approval, the executive shall proceed to implement the work program as proposed. If the motion is approved, the work program shall proceed as established by the approved motion. C. Beginning in 2000 and every fourth year thereafter, the executive shall transmit to the council by the first business day of March a proposed ordinance amending the Comprehensive Plan, except that the capital improvement program and the ordinances adopting updates to the transportation needs report and the school capital facility plans shall be transmitted no later than the annual budget transmittal and shall be adopted in conjunction with the budget. All transmittals shall be accompanied by a public participation note, identifying the methods used by the executive to ensure early and continuous public participation in the preparation of amendments. The note shall specify how the unincorporated area councils were involved in the comment process. (Ord. 14047 § 5, 2001: Ord. 13147 § 22, 1998). 20.18.070 Annual cycle process. A. The executive shall transmit to the council any proposed amendments for the annual cycle by the first business day of March, except that the capital improvement program and the ordinances adopting updates to the transportation needs report and the school capital facility plans shall be transmitted no later than the annual budget transmittal and shall be adopted in conjunction with the budget. B. All transmittals shall be accompanied by a public participation note, identifying the methods used by the executive to assure early and continuous public participation in the preparation of amendments. The note shall specify how the unincorporated area councils were involved in the comment process. C. Proposed amendments, including site -specific land use map amendments, that are found to require preparation of an environmental impact statement shall be considered for inclusion in the next amendment cycle following completion of the appropriate environmental documents. (Ord. 14047 § 6, 2001: Ord. 13147 § 23, 1998). 20.18.080 Subarea plan procedures. Initial subarea plans may be adopted by ordinance at any time. Subarea plans may be initiated by motion or by council action which preceded the adoption of this ordinance. If initiated by motion, the motion shall specify the scope of the plan, identify the completion date, and identify that the resources necessary to accomplish the work are available, The executive will determine if additional funds are necessary to complete the subarea plan, and may transmit an ordinance requesting the appropriation of supplemental funds. Amendments to or updates of existing subarea plans shall be considered in the same manner as amendments to the comprehensive plan and shall be classified pursuant to K.C_C_ 20.18,040, except that comprehensive updates of subarea plans may be initiated by motion and the resulting amendments may be considered in the annual cycle. (Ord. 13147 § 24, 1998). 20--43 (King County 6-2006) 20.18.090 - 20.18.120 PLANNING 20.18.090 Development regulations preparation. The department of development and environmental services shall prepare implementing development regulations to accompany any proposed comprehensive plan amendments. In addition, from time to time, department of development and environmental services may propose development regulations to further implement the comprehensive plan, consistent with the requirements of the Washington State Growth Management Act. Notice of proposed amendments to development regulations shall be provided to the state and to the public pursuant to K.C.G. 20.18.150. (Ord. 13147 § 25, 1998). 20.18.100 Description of the amendments. All proposals for amendments to the comprehensive plan or development regulations shall include a detailed description of the proposed amendment in nontechnical terms. This description will be made publicly available by the responsible department or the council sponsor using one or more methods provided in K.G.C. 20.18.160B and upon request. This description will be posted on the internet. Internet posting of the description is supplemental to other required notice, and the county's failure in any particular case to provide notice via the internet shall not constitute a procedural violation. (Ord. 13147 § 26, 1998). 20.18.110 Notice of public hearing for comprehensive plan amendments and development regulations. Notice of the time, place and purpose of a public hearing before the council to consider amendments to the comprehensive plan or development regulations, other than area zoning, shall at a minimum be given by one publication in a newspaper of general circulation in the county at least thirty days before the hearing. Notice for site -specific land use map amendments will also be provided pursuant K.C.G. 20.18.050. The county shall endeavor to provide such notice in nontechnical language. The notice shall indicate how the detailed description of the ordinance required by K.C.C. 20.18.100 can be obtained by a member of the public. (Ord. 13147 § 27, 1998). 20.18.120 Notice of public hearing for area zoning. A. Notice of the time, place and purpose of a public hearing before the council to consider changes to area zoning shall, at a minimum, include publication in the official county newspaper and another newspaper of general circulation in the area for which the area zoning is proposed at least thirty days before the hearing. The county shall endeavor to provide such notice in nontechnical language. The notice shall indicate how the detailed description of the ordinance required by K.C.C, 20.18.100 can be obtained by a member of the public. B. Notice of the hearing shall also be given by mail to affected property owners, appropriate to the scope of the proposal, whose names appear on the rolls of the King County assessor and shall at a minimum include owners of properties within five hundred feet of affected property, at least twenty property owners in the vicinity of the property, and to any individuals or organizations that have formally requested to the department or department of development environmental services to be kept informed of applications in an identified area. Notice shall specifically be given to any unincorporated area council that includes the subject property in its territory. The county shall endeavor to provide such notice in nontechnical language. The mailed notice required herein shall be postmarked at least thirty days before the hearing. If the county sends the mailed notice by bulk mail, the certificate of mailing shall qualify as a postmark. Failure to notify any specific property owner shall not invalidate an area zoning proceeding or any resulting reclassification of land. (Ord. 14047 § 7, 2001: Ord. 13147 § 28, 1998). 20-44 (King County 6-2006) PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR 20,18.130 - 20.18.140 OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION 20.18.130 Amendment process following the conclusion of the public review and comment period. A. When the council considers a change to an amendment to the comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comment has concluded, an additional opportunity for review and comment on the proposed change shall be provided before the council votes on the proposed change. B. An additional opportunity for public review and comment is not required if: 1. An environmental impact statement has been prepared under chapter 43.21C RCW for the pending ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement; 2. The proposed change is within the scope of the alternatives available for public comment; 3. The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes or clarifies language of a proposed ordinance or resolution without changing its effect; 4. The proposed change is to an ordinance making a capital budget decision as provided in RCW 36.70A.120; or 5. The proposed change is to an ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390. (Ord. 13147 § 29, 1998)_ 20,18.140 Provision for receipt, review of and response to the docket. A. In accordance with RCW 36.70A.470, a docket containing written comments on suggested plan or development regulation amendments shall be coordinated by the department. The docket is the means either to suggest a change or to identify a deficiency, or both, in the Comprehensive Plan or development regulation. For the purposes of this section, "deficiency" refers to the absence of required or potentially desirable contents of the Comprehensive Plan or development regulation and does not refer to whether a development regulation addressed a project's probable specific adverse environmental impacts that could be mitigated in the project review process. Any interested party, including applicants, citizens and government agencies, may submit items to the docket. B. All agencies of county government having responsibility for elements of the Comprehensive Plan or implementing development regulations shall provide a means by which citizens may docket written comments on the plan or on development regulations. The department shall use public participation methods identified in K.C.C. 20,18.160 to solicit public use of the docket. The department shall provide a mechanism for docketing amendments through the Internet. 1. All docketed comments relating to the Comprehensive Plan shall be reviewed by the department and considered for an amendment to the Comprehensive Plan. 2. The deadline for submitting docketed comments is September 30 for consideration in the amendment cycle process for the following year. 3. By the first business day of December, the department shall issue an executive response to all docketed comments. Responses shall include a classification of the recommended changes as appropriate for either the annual or four-year cycle, and an executive recommendation indicating whether or not the docketed item(s) are to be included in the next year's executive recommended comprehensive plan update. If the docketed changes will not be included in the next executive transmittal, the department shall indicate the reason(s) why, and shall inform the proponent that they may petition the council during the legislative review process. 4. By the first business day of December, the department shall forward to the council a report including all docketed amendments and comments with an executive response. The report shall include a 20-46 statement indicating that the department has complied with the notification requirements contained in this section. (King County 12-2006) 20.18.140 - 20.18.160 PLANNING 5_ Upon receipt of the docket report, the council shall include all proponents of docketed requests in the mailing list for agendas to all committee meetings in which the Comprehensive Plan will be reviewed during the next available update. At the beginning of the committee review process, the council shall develop a committee review schedule with dates for committee meetings and any other opportunities for public testimony and for proponents to petition the council to consider docket changes that were not recommended by the executive and shall attach the review schedule to the agenda whenever the Comprehensive Plan is to be reviewed. 6 Docketed comments relating to development regulations shall be reviewed by the appropriate county agency. Those requiring a Comprehensive Plan amendment shall be forwarded to the department and considered for an amendment to the Comprehensive Plan. Those not requiring a Comprehensive Plan amendment shall be considered by the responsible county agency for amendments to the development regulations. 7. The docket report shall be made available through the Internet. The department shall endeavor to make the docket report available within one week of transmittal to the council. C. In addition to the docket, the department shall provide opportunities for general public comments both before the docketing deadline each year, and during the executive's review periods before transmittal to the council. The opportunities may include, but are not limited to, the use of the following: comment cards, electronic or posted mail, Internet, public meetings with opportunities for discussion and feedback, printed summaries of comments received and twenty -four-hour telephone hotlines. The executive shall assure that the opportunities for public comment are provided as early as possible for each stage of the process, to assure timely opportunity for public input. (Ord. 15607 § 2, 2006: Ord. 14047 § 8, 2001: Ord. 13147 § 30, 1998). 20.18.150 Provision for notice of intent to amend, and post -adoption notice. A. Pursuant to RCW 36.70A.106 and WAC 365-195-620, the responsible department or the council sponsor of the amendment shall notify the state of its intent to adopt amendments to the comprehensive plan or to development regulations at least sixty days prior to anticipated legislative action on the proposal except for regulations or amendments which are procedural, ministerial or required to address an emergency. When the state is notified, the department or the council sponsor shall also provide notice to the public, using one or more methods provided in K.C.C. 20.18.160B, of the intent to amend the comprehensive plan and/or development regulations, if such notice has not already been provided. This information will be posted on the internet. Internet posting of the information is supplemental to other required notice, and the county's failure in any particular case to provide notice via the internet shall not constitute a procedural violation. B. Within ten days of adoption, the clerk of the council shall transmit to the state any adopted plan, amendment to the comprehensive plan or development regulation. Pursuant to RCW 36.70A.106, within ten days of adoption, the clerk of the council shall provide published notice in the official county newspaper of adoption of or amendment to the comprehensive plan or any development regulation. The notice shall indicate how the detailed description of the ordinance required by K.C.C. 20.18.100 can be obtained by a member of the public. (Ord. 13147 § 31, 1998)_ 20.18.160 Public participation program, basic elements. A. Pursuant to RCW 36.70A.140, the county shall provide for early and continuous public participation in the development and amendment of the comprehensive plan and any implementing development regulations. B. Public participation shall at a minimum include the following elements: 1 _ Annual dissemination of a schedule for public participation; 20--46 2. Issuance of a citizen's guide to the comprehensive plan process that provides information on citizen participation in the comprehensive plan process, a description of the procedure and schedule for amending the comprehensive plan and/or implementing development regulation(s), and a guide on how to use the docket; (King County 12-2006) PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR 20,18.160 - 20.18.170 OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION 3. Provision for broad dissemination of the proposal and alternatives appropriate to the scope and significance of the proposal. The county shall make available to the public printed and electronic information which clearly defines and visually portrays, when possible, the range of options under consideration by the county. This information shall also include a description of any policy considerations, the schedule for deliberation, opportunities for public participation, information on the submittal and review procedures for written comments and the name, address and telephone number of the responsible official(s). The methods employed may include, but are not limited to, the use of the following: published notice in the official county newspaper and other appropriate publications, news media notification, mailed notice to property owners and to citizens or groups with a known interest in the proposal, public education and government channel, electronic kiosks and the internet, transit advertising, telephone and fax information lines, public review documents and displays in public facilities, speakers bureau, and printed or computerized graphics depicting the effect of the proposal, 4. Public meetings to obtain comments from the public or other agencies on a proposed plan, amendment to the comprehensive plan or implementing development regulation. Public meeting means an informal meeting, hearing, workshop or other public gathering of people for the purpose of obtaining public comments and providing opportunities for open discussion. All public meetings associated with review of the comprehensive plan or development regulations shall provide a means for the public to submit items for the docket. A public record of each public meeting should be maintained to include documentation of attendance, record of any mailed notice and a record of public comments not incorporated in the docket; 5. The county shall provide mechanisms to enable public access to additional information. The county shall provide for publicly accessible and complete records of all applications, docketed amendment requests, and related background information during normal business hours. The public may seek assistance from the office of citizen complaints to obtain time sensitive information. Methods of disseminating information may include, but are not limited to, the following: published notice of location of public review documents, use of the public education and government channel, use of electronic kiosks and the internet, telephone information lines with or without fax options, placement of documents in public libraries and community centers, speakers bureau and public displays. C. When technical matters are considered with regard to docketed issues, or to evaluate public testimony, due consideration shall be given to technical testimony from the public and third party analysis may be sought when appropriate. (Ord. 13147 § 32, 1998). 20.18.170 The four to one program — process for amending the urban growth area to achieve open space. A. Proposals for open space dedication and redesignation to the urban growth area must be received before December31, 2006. B_ The total area added to the urban growth area as a result of this program shall not exceed four thousand acres. The department shall keep a cumulative total for all parcels added under this section. The total shall be updated annually through the plan amendment process. C. Proposals shall be processed as land use amendments to the Comprehensive Plan and may be considered in either the annual or four-year cycle. Site suitability and development conditions for both the urban and rural portions of the proposal shall be established through the preliminary formal plat approval process. D. A term conservation easement shall be placed on the open space at the time the four to one proposal is approved by the council. Upon final plat approval, the open space shall be permanently dedicated in fee simple to King County. 20-47 E. Proposals adjacent to incorporated area or potential annexation areas shall be referred to the affected city and special purpose districts for recommendations. (Ord_ 14047 § 9, 2001). (King County 12-2006) 20.18,180 PLANNING 20,18.180 The four to one program — criteria for amending the urban growth area to achieve open space. Rural area land may be added to the urban growth area in accordance with the following criteria: A_ A proposal to add land to the urban growth area under this program shall meet the following criteria: 1. A permanent dedication to the King County open space system of four acres of open space is required for every one acre of land added to the urban growth area; 2. The land shall not be zoned agriculture (A); 3. The land added to the urban growth area shall be physically contiguous to urban growth area as adopted in 1994 and not in an area where a contiguous band of public open space, parks or watersheds already exists along the urban growth area boundary; 4. The land added to the urban growth area shall be able to be served by sewers and other urban services; 5. A road serving the land added to the urban area shall not be counted as part of the required open space; 6. All urban facilities shall be located in the urban area except as permitted in subsection E of this section; 7. Open space areas shall retain a rural designation; 8. The minimum depth of the open space buffer shall be one half of the property width, shall generally parallel the urban growth area boundary and shall be configured in such a way as to connect with open space on adjacent properties; 9, The minimum size of the property to be considered is twenty acres. Smaller parcels may be combined to meet the twenty -acre minimum; and 10. Urban development under this section shall be limited to residential development and shall be at a minimum density of four dwelling units per acre; B. A proposal that adds two hundred acres or more to the urban growth area shall also meet the following criteria: 1. The proposal shall include a mix of housing types including thirty percent below -market -rate units affordable to low, moderate and median income households; 2. In a proposal in which the thirty -percent requirement in subsection B.1 of this section is exceeded, the required open space dedication shall be reduced to three and one-half acres of open space for every one acre added to the urban growth area; C. A proposal that adds less than two hundred acres to the urban growth area and that meets the affordable housing criteria in subsection B.I. of this section shall be subject to a reduced open space dedication requirement of three and one-half acres of open space for every one acre added to the urban growth area; D. Requests for redesignation shall be evaluated to determine those that are the highest quality, including, but not limited to, consideration of the following: 1. Preservation of fish and wildlife habitat, including wildlife habitat networks, and habitat for endangered and threatened species; 2. Provision of regional open space connections; 3. Protection of wetlands, stream corridors, ground water and water bodies; 4. Preservation of unique natural, biological, cultural, historical or archeological resources; 5. The size of open space dedication and connection to other open space dedications along the urban growth area boundary; and S. The ability to provide extensions of urban services to the redesignated urban areas; and 20--48 (King County 12-2006) PROCEDURES FOR AMENDMENT OF COMPREHENSIVE PLAN OR 20.18.180 - 20.18.300 OF DEVELOPMENT REGULATIONS -PUBLIC PARTICIPATION E. The open space acquired through this program shall be preserved primarily as natural areas, passive recreation sites or resource lands for farming and forestry. The following additional uses may be allowed only if located on a small portion of the open space and provided that these uses are found to be compatible with the site's natural open space values and functions: 1. Trails; 2. Natural appearing stormwaterfacilities; 3. Compensatory mitigation of wetland losses on the urban designated portion of the project, consistent with the King County Comprehensive Plan and K.C.C. chapter 21A.24; and 4. Active recreation uses not to exceed five percent of the total open space area. The support services and facilities for the active recreation uses may locate within the active recreation area only, and shall not exceed five percent of the total acreage of the active recreation area. The entire open space area, including any active recreation site, is a regional resource. It shall not be used to satisfy the on -site active recreation space requirements in K.C.C. 21A.14.180 for the urban portion of the four to one property. (Ord. 15606 § 1, 2006: Ord. 14047 § 10, 2001). 20.18.300 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of the remaining portion of this chapter. (Ord. 13147 § 36, 1998). 20-49 BLANK 20-50 (King County 12-2006) PROCEDURES FOR LAND USE PERMIT APPLICATIONS Chapter 20.20 PROCEDURES FOR LAND USE PERMIT APPLICATIONS, PUBLIC NOTICE, HEARINGS AND APPEALS Sections: 20.20.010 Chapter purpose. 20.20.020 Classifications of land use decision processes. 2020.030 Preapplication conferences. 2020.040 Application requirements. 20.20.050 Notice of complete application to applicant. 20.20.060 Notice of application. 20.20.070 Vesting. 20.20.080 Applications - modifications to proposal. 20.20.090 Notice of decision or recommendation - appeals. 20.20.100 Permit issuance. 2010.110 Quarterly report. 20.20.120 Citizen's guide. 20.20,130 Citizen's oversight committee. (Fee increases— fees authorized by Ordinance 13332: K.C.C. 27.02.065.) 20-51 20.20 BLANK 20-52 (King County 6-2006) PROCEDURES FOR LAND USE PERMIT APPLICATIONS 20.20.010 - 20.20.020 20.20.010 Chapter purpose. The purpose of this chapter is to establish standard procedures for land use permit applications, public notice, hearings and appeals in King County. These procedures are designed to promote timely and informed public participation in discretionary land use decisions; eliminate redundancy in the application, permit review, hearing and appeal processes; provide for uniformity in public notice procedures; minimize delay and expense; and result in development approvals that implement the policies of the Comprehensive Plan. These procedures also provide for an integrated and consolidated land use permit and environmental review process consistent with chapter 347, laws of 1995_ (Ord. 12196 § 8, 1996). 20.20.020 Classifications of land use decision processes. A. Land use permit decisions are classified into four types, based on who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made and whether administrative appeals are provided. The types of land use decisions are listed in subsection E. of this section. 1. Type 1 decisions are made by the director, or his or her designee, ("director") of the department of development and environmental services ("department"). Type 1 decisions are nonappealable administrative decisions. 2. Type 2 decisions are made by the director, Type 2 decisions are discretionary decisions that are subject to administrative appeal. 3. Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing. Type 3 decisions may be appealed to the county council, based on the record established by the hearing examiner. 4. Type 4 decisions are quasi-judicial decisions made by the council based on the record established by the hearing examiner. B. Except as provided in K.C.C. 20.44.120A.7, and 25.32.080 or unless otherwise agreed to by the applicant, all Type 2, 3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest -numbered land use decision type applicable to the project application. C. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter. D. Land use permits that are categorically exempt from review under SEPA do not require a threshold determination (determination of nonsignificance ["DNS'] or determination of significance ["DS"]). For all other projects, the SEPA review procedures in K.C.C. chapter 20.44 are supplemental to the procedures in this chapter, 20-53 20.20.020 F I nnri im4n riericinn "nn are classified as follow: (King County 12-2006) PLANNING TYPE 1 ' (Decision by director, no Temporary use permit for a homeless encampment under administrative appeal) K,C.C. 21A.45.010, 21A.45.020, 21A.45.030, 21A.45.040, 24A,45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A,45.080; building permit, site development permit, or clearing and grading permit that is not subject to SEPA, that is categorically exempt from SEPA as provided in K.C.C_ 20.20.040, or for which the department has issued a determination of nonsignificance or mitigated determination of nonsignificance; boundary line adjustment; right of way; variance from K.C.C. chapter 9.04; shoreline exemption; approval of a conversion -option harvest plan; a binding site plan for a condominium that is based on a recorded final planned unit development, a building permit, an as -built site plan for developed sites, a site development permit for the entire site. TYPE 2 (Decision by director Short plat; short plat revision; short plat alteration; zoning appealable to hearing variance; conditional use permit; temporary use permit under examiner, no further K.C.C. chapter 21A.32; temporary use permit for a homeless administrative appeal) encampment under K.C.C_ 21A.45.100; shoreline substantial development permie; building permit, site development permit or clearing and grading permit for which the department has issued a determination of significance; reuse of public schools; reasonable use exceptions under K.C,C. 21A24.070.B; preliminary determinations under K.C.C_ 20.20.030.13; alteration exceptions and decisions to require studies or to approve, condition or deny a development proposal based on K.C.G. chapter 21A.24; extractive operations under K.G.C. 21A.22.050; binding site plan; waivers from the moratorium provisions of K_C.C. 16.82.140 based upon a finding of special circumstances. TYPE 3 (Recommendation by Preliminary plat; plat alterations; preliminary plat revisions. director, hearing and decision by hearing examiner, appealable to county council on the record) TYPE 41, (Recommendation by Zone reclassifications; shoreline environment redesignation; 3 director, hearing and urban planned development; special use; amendment or recommendation by deletion of P suffix conditions; plat vacations; short plat hearing examiner vacations; deletion of special district overlay. decision by county council on the record) ' See K.C.C. 20.44.120.C. for provisions governing procedural and substantive SEPA appeals and appeals of Type 3 and 4 decisions to the council. 20-54 2 When an application for a shoreline permit is combined with other permits requiring Type 3 or 4 land use decisions under K.C.C. 25.32.080, the examiner, not the director, makes the decision. A shoreline permit, including a shoreline variance or conditional use, is appealable to the state Shorelines Hearings Board and not to the hearing examiner. 3 Approvals that are consistent with the Comprehensive Plan may be considered by the council at any time. Zone reclassifications that are not consistent with the Comprehensive Plan require a site -specific land use map amendment and the council's hearing and consideration shall be scheduled with the amendment to the Comprehensive Plan under K.C.C. 20.18.040 and 20.18.060. F. The definitions in K.C.C. 21A.45.020 apply to this section. (Ord. 15606 § 2, 2006: Ord. 15170 § 2, 2005: Ord_ 14449 § 2, 2002: Ord. 14190 § 23, 2001: Ord. 14047 § 11, 2001: Ord 13694 § 84, 1999: Ord_ 13147 § 33, 1998: Ord. 13131 § 1, 1998: Ord. 12878 § 2, 1997. Ord. 12196 § 9, 1996). (King County 12-2006) PROCEDURES FOR LAND USE PERMIT APPLICATIONS 20,20.030 - 20.20.040 20.20.030 Preapplication conferences. A. Prior to filing a permit application for a Type 1 decision, the applicant shall contact the department to schedule a preapplication conference which shall. be held prior to filing the application, if the property will have five thousand square feet of development site or right-of-way improvements, the property is in a critical drainage basin, or the property has a wetland, steep slope, landslide hazard, erosion hazard, or coal mine on site. Exempt from this requirement are: 1. A single family residence and its accessory buildings; 2. Other structures where all work is in an existing building and no parking is required or added. Prior to filing a permit application requiring a Type 2, 3 or 4 decision, the applicant shall contact the department to schedule a pre -application conference which shall be held prior to filing the application, except as provided herein. The purpose of the pre -application conference is to review and discuss the application requirements with the applicant and provide comments on the development proposal. The pre -application conference shall be scheduled by the department, at the request of an applicant, and shall be held in a timely manner, within thirty days from the date of the applicant's request. A project coordinator shall be assigned by the department following the pre -application conference. The director may waive the requirement for a pre -application conference if it is determined to be unnecessary for review of an application. Nothing in this section shall be interpreted to require more than one pre - application conference or to prohibit the applicant from filing an application if the department is unable to schedule a pre -application conference within thirty days following the applicant's request. Information presented at or required as a result of the preapplication conference shall be valid for a period of one hundred eighty days following the pre -application conference. An applicant wishing to submit a permit application more than one hundred eighty days following a preapplication for the same permit application shall be required to schedule another preapplication conference. B. At or subsequent to a preapplication conference, the department may issue a preliminary determination that a proposed development is not permissible under applicable county policies or regulatory enactments. In that event, the applicant shall have the option to appeal the preliminary determination to the hearing examiner in the manner provided for a Type 2 permit, as an alternative to proceeding with a complete application. Mailed and published notice of the appeal shall be provided for as in K.C.C. 20.20,060G and H. (Ord. 13332 § 65, 1998: Ord. 12196 § 10, 1996). 20.20.040 Application requirements. A. The department shall not commence review of any application as provided in this chapter until the applicant has submitted the materials and fees specified for complete applications. Applications for land use permits requiring Type 1, 2, 3 or 4 decisions shall be considered complete as of the date of submittal upon determination by the department that the materials submitted meet the requirements of this section. Except as provided in K,C.C. 20.20.040.B, all land use permit applications described in K.C.C. 20,20.020 Exhibit A shall include the following: 1. An application form provided by the department and completed by the applicant that allows the applicant to file a single application form for all land use permits requested by the applicant for the development proposal at the time the application is filed; 2. Designation of who the applicant is, except that this designation shall not be required as part of a complete application for purposes of this section when a public agency or public or private utility is applying for a permit for property on which the agency or utility does not own an easement or right-of-way and the following three requirements are met: a. the name of the agency or private or public utility is shown on the application as the applicant; 20-55 b. the agency or private or public utility includes in the complete application an affidavit declaring that notice of the pending application has been given to all owners of property to which the application applies, on a form provided by the department; and c. the form designating who the applicant is submitted to the department before permit approval; 3,a. A certificate of sewer availability or site design approval for an on -site sewage system by the Seattle -King County department of public health, as required by the King County board of health code title 13: or (King County 12-2006) 20,20.040 PLANNING b, for public schools and public schools facilities located in rural areas, a finding by King County that no cost-effective alternative technologies are feasible, a certificate of sewer availability, and a letter from the sewer utility indicating compliance with the tightline sewer provisions in the zoning code, as required by K.C.C. chapter 13.24; 4. If the development proposal requires a source of potable water, a current certificate of water availability consistent with K.C.C. chapter 13.24 or documentation of an approved well by the Seattle - King County department of public health; 5. A fire district receipt pursuant to K.C.C. Title 17, if required by K.C.C. chapter 21A.40; 6. A site plan, prepared in a form prescribed by the director; 7, Proof that the lot or lots to be developed are recognized as a lot under K.C.C. Title 19A; 8. A critical areas affidavit, if required by K.C.C. chapter 21A.24; 9. A completed environmental checklist, if required by K.C.C. chapter 20.44; 10, Payment of any development permit review fees, excluding impact fees collectible pursuant to K.C.C. Title 27; 11. A list of any permits or decisions applicable to the development proposal that have been obtained before filing the application or that are pending before the county or any other governmental entity; 12. Certificate of transportation concurrency from the department of transportation if required by K.C.C. chapter 14.70. The certificate of transportation concurrency may be for less than the total number of lots proposed by a preliminary plat application only if: a. at least seventy-five percent of the lots proposed have a certificate of transportation concurrency at the time of application for the preliminary plat; b. a certificate of transportation concurrency is provided for any remaining lots proposed for the preliminary plat application before the expiration of the preliminary plat and final recording of the additional lots; and c. the applicant signs a statement that the applicant assumes the risk that the remaining lots proposed might not be granted. 13. Certificate of future connection from the appropriate purveyor for lots located within the urban growth area that are proposed to be served by on -site or community sewage system and group B water systems or private well, if required by K.C.C. 13.24.136 through 13.24.140; 14. A determination if drainage review applies to the project pursuant to K.C.C. chapter 9.04 and, if applicable, all drainage plans and documentation required by the Surface Water Design Manual adopted pursuant to K.C.C. chapter 9.04; 15. Current assessor's maps and a list of tax parcels to which public notice must be given as provided in this chapter, for land use permits requiring a Type 2, 3 or 4 decision; 16. Legal description of the site; 17. Variances obtained or required under K.C.C. Title 21A to the extent known at the date of application; and 18. For site development permits only, a phasing plan and a time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years. B. A permit application is complete for purposes of this section when it meets the procedural submission requirements of the department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the department. 20-56 (King County 12-2006) PROCEDURES FOR LAND USE PERMIT APPLICATIONS 20.20.040 - 20.20.050 C, Additional complete application requirements for the following land use permits are in the following sections of the King County Code: 1. Clearing and grading permits, K.C_C. 16.82.060. 2. Construction permits, K.C.C. 16,04.052. 3. Mobile home permits, K.C.C. 16.04.093. 4. Subdivision applications, short subdivision applications and binding site plan applications, K.C.C_ 19A.08.150. D. The director may specify the requirements of the site plan required to be submitted for various permits and may waive any of the specific submittal requirements listed herein that are determined to be unnecessary for review of an application. E. The applicant shall attest by written oath to the accuracy of all information submitted for an application. F. Applications shall be accompanied by the payment of the applicable filing fees, if any, as established by K.C.C. Title 27. (Ord. 15606 § 3, 2006: Ord. 15243 § 1, 2005: Ord. 14788 § 6, 2003: Ord. 14507 § 5, 2002: Ord. 13694 § 85, 1999: Ord. 13190 § 13, 1998: Ord. 12380 § 6, 19961 Ord. 12196 § 11, 1996). 20.20.050 Notice of complete application to applicant. A_ Within twenty-eight days following receipt of a land use permit application, the department shall mail or provide written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. To the extent known by the department, the notice shall identify other agencies of local, state, regional or federal governments that may have jurisdiction over some aspects of the development proposal, B. An application shall be deemed complete under this section if the department does not provide written notice to the applicant that the application is incomplete within the twenty-eight day period as provided herein_ C. If the application is incomplete and the applicant submits the additional information requested by the department, the department shall notify the applicant in writing within fourteen days whether the application is complete or what additional information specified by the department as provided in subsection A hereof is necessary to make the application complete. An application shall be deemed complete if the department fails to provide written notice to the applicant within the fourteen day period that the application is incomplete. D. The date an application is deemed complete is the date of receipt by the department of all of the information necessary to make the application complete as provided in this chapter_ The department's issuance of a notice of complete application as provided in subsections A or C hereof, or the failure of the department to provide such a notice as provided in subsections B or C hereof, shall cause an application to be conclusively deemed to be complete and vested as provided in this chapter. E_ The department may cancel an incomplete application if the applicant falls to submit the additional information required by this chapter within ninety days following notification from the department that the application is incomplete. (Ord. 12196 § 12, 1996). 20-57 (King County 12-2006) 20.20,060 PLANNING 20.20.060 Notice of application. A. A notice of application shall be provided to the public for all land use permit applications requiring Type 2, 3 or 4 decisions or Type 1 decisions subject to SEPA or K.C.C. 20.20.060J and K, under this section. B. Notice of the application shall be provided by the department within fourteen days following the department's determination that the application is complete. A public comment period of at least twenty-one days shall be provided, except as otherwise provided in chapter 90.58 RCW and RCW 58.17.215 with regards to alterations. The public comment period shall commence on the third day following the department's mailing of the notice of application as provided for in subsection G of this section. C. If the county has made a determination of significance ("IDS") under chapter 43.21 RCW before the issuance of the notice of application, the notice of the IDS shall be combined with the notice of application and the scoping notice. D. All required notices of application shall contain the following information: 1. The file number; 2. The name of the applicant; 3. The date of application, the date of the notice of completeness and the date of the notice of application; 4. A description of the project, the location, a list of the permits included in the application and the location where the application and any environmental documents or studies can be reviewed; 5. A site plan on eight and one-half by fourteen inch paper, if applicable; 6. The procedures and deadline for filing comments, requesting notice of any required hearings and any appeal procedure; 7. The date, time, place and type of hearing, if applicable and scheduled at the time of notice; S. The identification of other permits not included in the application to the extent known; 9. The identification of existing environmental documents that evaluate the proposed project; and 10. A statement of the preliminary determination, if one has been made, of those development regulations that will be used for project mitigation and of consistency with applicable county plans and regulations. E. Notice shall be provided in the following manner 1. Posted at the project site as provided in subsections F and I of this section; 2. Mailed by first class mail as provided in subsection G of this section; and 3. Published as provided in subsection H of this section. F. Posted notice for a proposal shall consist of one or more notice boards posted by the applicant within fourteen days following the department's determination of completeness as follows: 1. A single notice board shall be posted for a project. This notice board may also be used for the posting of the notice of decision and notice of hearing and shall be placed by the applicant: a. at the midpoint of the site street frontage or as otherwise directed by the department for maximum visibility; b. five feet inside the street property line except when the board is structurally attached to an existing building, but a notice board shall not be placed more than five feet from the street property without approval of the department; c. so that the top of the notice board is between seven to nine feet above grade; and 20--58 d. where it is completely visible to pedestrians; 2. Additional notice boards may be required when: a, the site does not abut a public road; b. a large site abuts more than one public road; or c. the department determines that additional notice boards are necessary to provide adequate public notice; (King County 12-2006) PROCEDURES FOR LAND USE PERMIT APPLICATIONS 20,20.060 3. Notice boards shall be: a. maintained in good condition by the applicant during the notice period through the time of the final county decision on the proposal, including the expiration of any applicable appeal periods, and for decisions which are appealed, through the time of the final resolution of any appeal- b. in place at least twenty-eight days before the date of any required hearing for a Type 3 or 4 decision, or at least fourteen days following the department's determination of completeness for any Type 2 decision; and c. removed within fourteen days after the end of the notice period; 4. Removal of the notice board before the end of the notice period may be cause for discontinuance of county review until the notice board is replaced and remains in place for the specified time period; 5. An affidavit of posting shall be submitted to the department by the applicant within fourteen days following the department's determination of completeness to allow continued processing of the application by the department; and 6. Notice boards shall be constructed and installed in accordance with subsection F of this section and any additional specifications promulgated by the department under K.C.C. chapter 2.98, rules of county agencies. G. Mailed notice for a proposal shall be sent by the department within fourteen days after the department's determination of completeness: 1. By first class mail to owners of record of property in an area within five hundred feet of the site, but the area shall be expanded as necessary to send mailed notices to at least twenty different property owners; 2_ To any city with a utility which is intended to serve the site; 3. To the state Department of Transportation, if the site adjoins a state highway; 4. To the affected tribes; 5. To any agency or community group which the department may identify as having an interest in the proposal; 6. Be considered supplementary to posted notice and be deemed satisfactory despite the failure of one or more owners to receive mailed notice; 7. For preliminary plats only, to all cities within one mile of the proposed preliminary plat, and to all airports within two miles of the proposed preliminary plat; and 8. In those parts of the urban growth area designated by the King County Comprehensive Plan where King County and a city have adopted either a memorandum of understanding or a potential annexation boundary agreement, or both, the director shall ensure that the city receives notice of all applications for development subject to this chapter and shall respond specifically in writing to any comments on proposed developments subject to this title. H. Notice of a proposed action shall be published by the department within fourteen days after the department's determination of completeness in the official county newspaper and another newspaper of general circulation in the affected area. 20-59 (King County 6-2006) 20.20.060-20.20.080 PLANNING I. Posted notice for approved formal subdivision engineering plans, clearing or grading permits subject to SEPA or building permits subject to SEPA shall be a condition of the plan or permit approval and shall consist of a single notice board posted by the applicant at the project site, before construction as follows: 1. Notice boards shall comport with the size and placement provisions identified for construction signs in K.C.C. 21A.20.120B; 2. Notice boards shall include the following information: a_ permit number and description of the project; b_ projected completion date of the project; c. a contact name and phone number for both the department and the applicant; d. a department contact number for complaints after business hours; and e. hours of construction, if limited as a condition of the permit; 3. Notice boards shall be maintained in the same manner as identified above, in subsection F of this section; and 4. Notice boards shall remain in place until final construction approval is granted. Early removal of the notice board may preclude authorization of final construction approval. J. Posted and mailed notice consistent with this section shall be provided, to property owners of record and to the council district representative in which it is located, for any proposed single-family residence in a higher density urban single family residential zone (R-4 through R-8) exceeding a size of ten thousand square feet of floor area as defined in the Washington State Uniform Building Code, K. Posted and mailed notice consistent with this section shall be provided to any property owner of record and to the council district representative in which is locating any application for building permits or other necessary land use approvals for the establishment of the social service facilities classified by SIC 8322 and 8361 and listed below, unless the proposed use is protected under the Fair Housing Act: 1. Offender self-help agencies; 2. Parole offices; 3. Settlement houses; 4. Halfway home for delinquents and offenders; and 5. Homes for destitute men and women_ (Ord 13694 § 86, 1999: Ord_ 13573 § 1, 1999: Ord. 13555 § 2, 1999: Ord. 13131 § 2, 1998: Ord. 13097 § 1, 1998: Ord. 12884 § 1, 1997: Ord. 12196 § 13, 1996). 20.20.070 Vesting. A. Applications for Type 1, 2, and 3 land use decisions, except those which seek variance from or exception to land use regulations and substantive and procedural SEPA decisions shall be considered under the zoning and other land use control ordinances in effect on the date a complete application is filed meeting all of the requirements of this chapter. The department's issuance of a notice of complete application as provided in this chapter, or the failure of the department to provide such a notice as provided in this chapter, shall cause an application to be conclusively deemed to be vested as provided herein. B. Supplemental information required after vesting of a complete application shall not affect the validity of the vesting for such application. 20-60 C. Vesting of an application does not vest any subsequently required permits, nor does it affect the requirements for vesting of subsequent permits or approvals. (Ord. 12196 § 14, 1996). 20.20.080 Applications - modifications to proposal. A. Modifications required by the county to a pending application shall not be deemed a new application. 13. An applicant -requested modification occurring either before or after issuance of the permit shall be deemed a new application when such modification would result in a substantial change in a project's review requirements, as determined by the department. (Ord. 12196 § 15, 1996). (King County 6-2006) PROCEDURES FOR LAND USE PERMIT APPLICATIONS 20,20.090 - 20.20.100 20.20.090 Notice of decision or recommendation - appeals. A. The department shall provide notice in a timely manner of its final decision or recommendation on permits requiring Type 2, 3 and 4 land use decisions and Type i decisions subject to SEPA, including the threshold determination, if any, the dates for any public hearings and the procedures for administrative appeals, if any. Notice shall be provided to the applicant, to the Department of Ecology and to agencies with jurisdiction if required by K.C.C. chapter 20.44, to the Department of Ecology and Attorney General as provided in chapter 90.58 RCW, to any person who, prior to the decision or recommendation, had requested notice of the decision or recommendation or submitted comments, and to property owners of record, as provided in K.C.C. 2020.060.G. B_ Except for shoreline permits which are appealable to the state Shorelines Hearings Board, all notices of appeal to the hearing examiner of Type 2 land use decisions made by the director shall be filed as provided in K.C.C. 2024.090. (Ord. 13573 § 2, 1999: Ord 13131 § 3, 1998: Ord. 13097 § 2, 1998: Ord. 12196 § 16, 1996). 20.20.100 Permit issuance. A. The department shall issue its recommendation to the hearing examiner on a Type 3 or Type 4 land use decision within one hundred fifty days from the date the applicant is notified by the department pursuant to this chapter that the application is complete. The time periods for action by the hearing examiner on a Type 3 or Type 4 land use decision shall be governed by the hearing examiner's rules. B.1. Except as otherwise provided in subsection B.2 of this section, the department shall issue its final decision on a Type 1 or Type 2 land use decision within one hundred twenty days from the date the applicant is notified by the department pursuant to this chapter that the application is complete. 2. The following shorter time periods apply to the type of land use permit indicated: New residential building permits 90 days Residential remodels 40 days Residential appurtenances, such as decks and garages 15 days, or 40 days residential appurtenances that require substantial review_ Clearing and grading 90 days Health Department review 40 days (for projects pending a final department review or permit or review and permit). Type 1 temporary use permit for a homeless encampment: 30 days Type 2 temporary use permit for a homeless encampment: 40 days C. The following periods shall be excluded from the times specified in subsections A and B of this section: 1. Any period of time during which the applicant has been requested by the department, hearing examiner or council to correct plans, perform required studies or provide additional information, including road variances and variances required under K.C.C. chapter 9.04. The period shall be calculated from the date of notice to the applicant of the need for additional information until the earlier of r� the date the county advises the applicant that the additional information satisfies the county's request, or fourteen days after the date the information has been provided. If the county determines that the correction, study or other information submitted by the applicant is insufficient, it shall notify the applicant of the deficiencies and the procedures of this section shall apply as if a new request for information had been made. a. The department shall set a reasonable deadline for the submittal of corrections, studies or other information when requested, and shall provide written notification to the applicant. An extension of such deadline may be granted upon submittal by an applicant of a written request providing satisfactory justification of an extension. (King County 6-2006) 20.20.100 - 20.20,120 PLANNING b. Failure by the applicant to meet such deadline shall be cause for the department to cancel/deny the application. c. When granting a request for a deadline extension, the department shall give consideration to the number of days between receipt by the department of a written request for a deadline extension and the mailing to the applicant of the department's decision regarding that request; 2. The period of time, as set forth in K.G.G. 20.44.050, during which an environmental impact statement is being prepared following a determination of significance pursuant to chapter 4321 C RCW; 3. A period of no more than ninety days for an open record appeal hearing by the hearing examiner on a Type 2 land use decision, and no more than sixty days for a closed record appeal by the county council on a Type 3 land use decision appealable to the county council, except when the parties to an appeal agree to extend these time periods; 4. Any period of time during which an applicant fails to post the property, if required by this chapter, following the date notice is required until an affidavit of posting is provided to the department by the applicant; and 5. Any time extension mutually agreed upon by the applicant and the department- D. The time limits established in this section shall not apply if a proposed development: 1. Requires an amendment to the comprehensive plan or a development regulation, or modification or waiver of a development regulation as part of a demonstration project; 2. Requires approval of a new fully contained community as provided in RCW 36.70A.350 master planned resort as provided in RCW 36.70A.360 or the siting of an essential public facility as provided for RCW 36.70A200; or 3. Is substantially revised by the applicant, when such revisions will result in a substantial change in a project's review requirements, as determined by the department, in which case the time period shall start from the date at which the revised project application is determined to be complete. E. The time limits established in this section may be exceeded on more complex projects. If the department is unable to issue its final decision on a Type 1 or Type 2 land use decision or its recommendation to the hearing examiner on a Type 3 or Type 4 land use decision within the time limits established by this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision on a Type 1 or Type 2 land use decision or notice of recommendation on a Type 3 or Type 4 land use decision. F. The department shall require that all plats, short plats, building permits, clearing and grading permits, conditional use permits, special use permits, site development permits, shoreline substantial development permits, binding site plans, urban planned development permits or fully contained community permits issued for development activities on or within five hundred feet of designated agricultural lands, forest lands or mineral resource lands shall contain a notice that the subject property is within or near designated agricultural lands, forest lands or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. (Ord. 15170 § 3, 2005: Ord. 14788 § 7, 2003: Ord. 13250 § 1, 1998: Ord. 13097 § 3, 1998: Ord_ 12627 § 5, 1997: Ord. 12273 § 2, 1996: Ord. 12196 § 17, 1996). 20-62 20.20.110 Quarterly report. Beginning October 1, 1996 and continuing quarterly thereafter until October 1, 1998, the Director shall prepare a quarterly report to the King County council detailing what measures the department has in place to assure that adequate environmental protections are maintained, how the review process addresses these measures, and the length of time required to process applications for Type 1, 2, 3, and 4 land use decisions in the previous period, categorized both on average and by type of permit. The report shall provide commentary on department operations and identify any need for clarification of county policy or development regulations or process. (Ord. 12196 § 18, 1996). 20.20.120 Citizen's guide. The director shall issue a citizen's guide to permit processing including making an appeal or participating in a hearing. (Ord. 12196 § 19, 1996). (King County 6-2006) PROCEDURES FOR LAND USE PERMIT APPLICATIONS 20.20.130 20.20.130 Citizen's oversight comtbittee. The director shall create a Citizen's Oversight Committee, which shall represent a broad cross-section of constituencies. The oversight committee shall consist of six members to be appointed from the membership of The Forum for Regulatory Balance, and a representative from labor and a representative from small property owners groups. There shall be one member representing each of the following constituencies: 1. environmental 2. good government 3. affordable housing 4. building industry 5. business 6. neighborhood groups 7. labor 8. small property owners groups. This committee shall serve a term of one year, to be appointed by June 1, 1996. The role of the committee will be to monitor and evaluate the county's implementation of Ordinance 12196. Their findings will be included in the director's quarterly report, required by K.C.C. 20.20.110. (Ord_ 12196 § 20, 1996). 20-63 (King County 6-2006) BLANK HEARING EXAMINER Chapter 20.24 HEARING EXAMINER Sections: 20.24.010 Chapter purpose. 20.24.020 Office created. 20.24.030 Appointment and terms. 20.24.040 Removal. 20.24.050 Qualifications. 20.24.060 Deputy examiner duties. 20.24.065 Pro tem examiners. 20,24.070 Recommendations to the council. 20.24.072 Type 3 decisions by the examiner, appealable to the council. 20.24.080 Final decisions by the examiner. 20.24.090 Notice of appeal to examiner -filing. 20.24,095 Dismissal of untimely appeals. 20.24.097 Expeditious processing. 20.24,098 Time limits. 20.24.100 Condition, modification and restriction examples. 20.24.110 Quasi-judicial powers. 20.24.120 Freedom from improper influence. 20.24.130 Public hearing. 20.24.140 Consolidation of hearings. 20,24.145 Pre -hearing conference. 20.24.150 Report by department. 20.24.160 Notice. 20.24.170 Rules and regulations. 20.24.175 Case management techniques. 20.24.180 Examiner findings. 20.24.190 Additional examiner findings - reclassifications and shoreline redesignations. 20.24.195 Additional examiner findings - preliminary plats. 20.24.197 Additional examiner findings and recommendations school capacities. 20.24.210 Written recommendation or decision. 20.24.220 Appeal to council - recommendation. 20.24.222 Appeal to council - examiner's decision. 2024.230 Council action. 20.24,235 Findings - preliminary plats. 20.24.240 Judicial review of final decisions. 20-65 20.24 20,24.250 Reconsideration of final action. 20.24.300 Digest of decisions. 20.24.310 Citizens guide. 20.24.320 Semi-annual report. 20.24.330 Voluntary mediation. 20.24.400 Site -specific land use map amendment. 20.24.450 Appeals to the hearing examiner fees. 20.24.500 Chapter re-enacted. (King County 6-2006) BLANK HEARING EXAMINER 20.24.010 - 2024.065 20.24.010 Chapter purpose. The purpose of this chapter is to provide a system of considering and applying regulatory devices which will best satisfy the following basic needs: A. The need to separate the application of regulatory controls to the land from planning; B. The need to better protect and promote the interests of the public and private elements of the community; C. The need to expand the principles of fairness and due process in public hearings. (Ord. 263 Art. 5 § 1, 1969). 20.24.020 Office created. The office of hearing examiner is created. The examiner shall act on behalf of the council in considering and applying adopted county policies and regulations as provided herein_ (Ord. 11502 § 1, 1994: Ord, 263 Art. 5 § 2, 1969). 20.24.030 Appointment and terms. The council shall appoint the examiner to serve in said office for a term of four years. (Ord. 4481 § 1, 1979: Ord. 263 Art_ 5 § 3, 1969). 20.24.040 Removal. The examiner or his or her deputy may be removed from office at any time by the affirmative vote of not less than eight members of the council for just cause. (Ord. 12196 § 21, 1996: Ord. 263 Art. 5 § 4, 1969). 20.24.050 Qualifications. The examiner and his or her deputy shall be appointed solely with regard to their qualifications for the duties of their office and shall have such training or experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them, and shall hold no other appointive or elective public office or position in the county government except as provided herein. (Ord. 12196 § 22, 1996: Ord. 263 Art. 5 § 5, 1969). 20.24.060 Deputy examiner duties. The deputy shall assist the examiner in the performance of the duties conferred upon the examiner by ordinance and shall, in the event of the absence or the inability of the examiner to act, have all the duties and powers of the examiner. The deputy may also serve in other capacities as an employee of the council. (Ord. 12196 § 23, 1996: Ord. 263 Art. 5 § 6, 1969). 20.24.066 Pro tern examiners. The chief examiner may hire qualified persons to serve as examiner pro tempore, as needed, to expeditiously hear pending applications and appeals. (Ord. 11502 § 16, 1994). 20--67 (King County 6-2006) 20,24.070 - 20.24.072 PLANNING 20.24.070 Recommendations to the council. A. The examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof and issue recommendations, including findings and conclusions to the council based on the issues and evidence in the record in the following cases: 1. All Type 4 land use decisions; 2. Applications for agricultural land variances; 3. Applications for public benefit rating system assessed valuation on open space land and current use assessment on timber lands except as provided in K.C.C. 20.36.090; 4. Appeals from denials by the county assessor of applications for current use assessments on farm and agricultural lands; 5. Applications for the vacation of county roads; 6. Appeals of a recommendation by the department of transportation to deny the petition for vacation of a county road; 7. Appeals of a recommendation by the department of transportation of the compensation amount to be paid for vacation of a county road; 8. Proposals for establishment or modification of cable system rates; and 9. Other applications or appeals that the council may prescribe by ordinance. B. The examiner's recommendation may be to grant or deny the application or appeal, or the examiner may recommend that the council adopt the application or appeal with such conditions, modifications and restrictions as the examiner finds necessary to carry out applicable state laws and regulations and the regulations, including chapter 43.21C RCW, policies, objectives and goals of the comprehensive plan, the community plan, subarea or neighborhood plans, the zoning code, the subdivision code and other official laws, policies and objectives of King County. In case of any conflict between the King County Comprehensive Plan and a community, subarea or neighborhood plan, the Comprehensive Plan shall govern. (Ord. 13625 § 17, 1999: Ord. 12196 § 24, 1996: Ord_ 12171 § 1, 1996: Ord. 11620 § 5, 1994: Ord. 11502 § 2, 1994: Ord. 10691 § 3, 1992: Ord, 10511 § 2, 1992: Ord. 9614 § 123, 1990: Ord. 88044 § 1, 1989: Ord_ 6949 § 16, 1984: Ord. 6465 § 13, 1983: Ord. 4461 § 1, 1979). 20.24.072 Type 3 decisions by the examiner, appealable to the council. A. The examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof, and issue decisions on Type 3 land use permit applications, including findings and conclusions, based on the issues and evidence in the record. The decision of the examiner on Type 3 land use permit applications shall be appealable to the Council on the record established by the examiner as provided by K.C.C. 20.24.2101). R-IM—F-11 B. The examiner's decision may be to grant or deny the application, or the examiner may grant the application with such conditions, modifications and restrictions as the examiner finds necessary to carry out applicable state laws and regulations, including chapter 4321 C RCW, and the regulations, policies, objectives and goals of the comprehensive plan, the community plan, subarea or neighborhood plans, the zoning code, the subdivision code and other official laws, policies and objectives of King County. In case of any conflict between the King County Comprehensive Plan and a community, subarea or neighborhood plan, the Comprehensive Plan shall govern. (Ord. 12196 § 25, 1996). (King County 6-2006) HEARING EXAMINER 20.24.080 - 20.24.090 20.24.080 Final decisions by the examiner. A. The examiner shall receive and examine available information, conduct open record public hearings and prepare records and reports thereof, and issue final decisions, including findings and conclusions, based on the issues and evidence in the record, which shall be appealable as provided by K.C.C. 2024.240, or to other designated authority in the following cases: 1. Appeals of SEPA decisions, as provided in K.C.C. 20.44.120 and public rules adopted under K.C.C. 20.44.075; 2. Appeals of all Type 2 land use decisions, with the exception of appeals of shoreline permits, including shoreline variances and conditional uses, which are appealable to the state shoreline hearings board; 3. Appeals of citations, notices and orders, notices of noncompliance and stop work orders issued pursuant to K.C.C. Title 23 or Title 1.08 of the rules and regulations of the King County board of health; 4. Appeals of decisions regarding the abatement of a nonconformance; 5. Appeals of decisions of the director of the department of natural resources and parks on requests for rate adjustments to surface and storm water management rates and charges; 6. Appeals of department of public safety seizures and intended forfeitures, when properly designated by the chief law enforcement officer of that department as provided in RCW 69.50.505; 7. Appeals of notices and certifications of junk vehicles to be removed as a public nuisance as provided in K.C.C. Title 21A and K.C.C. chapter 23.10; 8. Appeals of the department's final decisions regarding transportation concurrency, mitigation payment system and intersection standards provisions of K.C.C. Title 14; 9. Appeals of decisions of the interagency review committee created under K.C.C_ 21A.37.070 regarding sending site applications for certification pursuant to K.C.C. chapter 21A.37; and 10. Appeals of other applications or appeals that the council prescribes by ordinance. B. The examiner's decision may be to grant or deny the application or appeal, or the examiner may grant the application or appeal with such conditions, modifications and restrictions as the examiner finds necessary to make the application or appeal compatible with the environment and carry out applicable state laws and regulations, including chapter 43.21C RCW, and the regulations, policies, objectives and goals of the comprehensive plan, the community plans, subarea or neighborhood plans, the zoning code, the subdivision code and other official laws, policies and objectives of King County. In case of any conflict between the King County Comprehensive Plan and a community, subarea or neighborhood plan, the King County Comprehensive Plan shall govern. {Ord. 159690rd_ 14449 § 3, 2002: Ord. 14199 § 227, 2001: Ord. 14190 § 24, 2001: Ord. 13625 § 18, 1999: Ord, 13277 § 1, 1998: Ord. 20-69 13263 § 58, 1998: Ord. 12962 § 1, 1998: Ord. 12196 § 26, 1996: Ord. 11620 § 6, 1994: Ord. 11502 § 3, 1994: Ord. 11016 § 15, 1993: Ord. 9614 § 122, 1990: Ord. 8804 § 2, 1989: Ord. 7990 § 34, 1987: Ord. 7946 § 12, 1986: Ord. 7714 § 11, 1986: Ord. 7590 § 10, 1986: Ord. 7543 § 1, 1986: Ord. 7246 § 3, 1985: Ord. 6949 § 17, 1984: Ord. 5570 § 6, 1981: Ord. 5002 § 16, 1980: Ord. 4461 § 2, 1979). 20.24.090 Notice of appeal to examiner - filing. A. Except as otherwise provided herein, all notices of appeal to the examiner shall be filed with the county department or division issuing the original decision with a copy provided by the department or division to the office of the hearing examiner. Except as otherwise provided herein, notice of appeal, together with the required appeal fee, shall be filed within the prescribed appeal period. The appeal period shall be fourteen calendar days and shall commence on the third day after the mailing of the notice of decision. In cases of appeals of Type 2 land use decisions made by the director, the appeal period shall be extended for an additional seven calendar days if WAC 197-11-340(2)(a) applies. B. Notices of appeal of the recommendation to deny vacation of a county road by the department of transportation, shall be filed along with the required two hundred dollar administrative fee with the clerk of the county council within thirty days of an issuance of said denial. (King County 12-2007) 2024.090 - 20.24.098 PLANNING C. If a notice of appeal has been fled within the time period provided herein, the appellant shall file a statement of appeal with the county department or division issuing the original decision or action within a twenty-one calendar day period commencing three days after the mailing of the notice of decision or action. Department or division staff shall: 1. Be available within a reasonable time to persons wishing to file a statement of appeal subsequent to an agency ruling, and to respond to queries concerning the facts and process of the county decision; and 2. Make available within a reasonable time a complete set of files detailing the facts of the department or division ruling in question to persons wishing to fife a statement of appeal, subsequent to an agency ruling. If a department or division is unable to comply with these provisions, the hearing examiner may authorize amendments to a statement of appeal to reflect information not made available to an appellant within a reasonable time due to a failure by a county agency to meet the foregoing requirements. The statement of appeal shall identify the decision being appealed and the alleged errors in that decision. Further, the statement of appeal shall state specific reasons why the decision should be reversed or modified; and the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based principally on matters or issues raised in the statement of appeal. Failure to timely file a notice of appeal, appeal fee or statement of appeal deprives the examiner of jurisdiction to consider the appeal. (Ord. 13573 § 3, 1999: Ord. 12196 § 27, 1996: Ord. 11961 § 2, 1995: Ord. 11502 § 4, 1994: Ord. 10691 § 4, 1992: Ord. 6949 § 18, 1984: Ord. 4461 § 3, 1979). 20.24.095 Dismissal of untimely appeals. On its own motion, or on the motion of a party, the examiner shall dismiss an appeal for untimeliness or lack of jurisdiction. (Ord. 11502 § 12, 1994). 20.24.097 Expeditious processing. A. Hearings shall be scheduled by the examiner to ensure that final decisions are issued within the time periods provided in K.C.C. 20.20.100. During periods of time when the volume of permit activity is high, the examiner shall retain one or more pro-tem examiners to ensure that the one hundred twenty day time period for final decisions is met. B_ Appeals shall be processed by the examiner as expeditiously as possible, giving appropriate consideration to the procedural due process rights of the parties. Unless a longer period is agreed to by the parties, or the examiner determines that the size and scope of the protect is so compelling that a longer period is required, a pre -hearing conference or a public hearing shall occur within forty-five days from the date the office of the hearing examiner is notified that a complete statement of appeal has been filed. In such cases where the examiner has determined that the size and scope warrant such an extension, the 20-70 reason for the deferral shall be stated in the examiner's recommendation or decision. The time period may be extended by the examiner at the examiner's discretion for not more than thirty days. (Ord. 12196 § 28, 1996: Ord. 11502 § 14, 1994), 20.24.098 Time limits. In all matters where the examiner holds a hearing on applications under K.C.C. 20.24,070, the hearing shall be completed and the examiner's written report and recommendations issued within twenty-one days from the date the hearing opens, excluding any time required by the applicant or the department to obtain and provide additional information requested by the hearing examiner and necessary for final action on the application consistent with applicable laws and regulations. in every appeal heard by the examiner pursuant to K.C.C. 20.24.080, the appeal process, including a written decision, shall be completed within ninety days from the date the examiner's office is notified of the filing of a notice of appeal pursuant to K.C.C. 20.24.090. When reasonably required to enable the attendance of all necessary parties at the hearing, or the production of evidence, or to otherwise assure that due process is afforded and the objectives of this chapter are met, these time periods may be extended by the examiner at the examiner's discretion for an additional thirty days. With the consent of all parties, the time periods may be extended indefinitely. In all such cases, the reason for such deferral shall be stated in the examiner's recommendation or decision. Failure to complete the hearing process within the stated time shall not terminate the jurisdiction of the examiner. (Ord. 13097 § 4, 1998: Ord. 11502 § 15, 1994). (King County 12-2007) HEARING EXAMINER 20.24.100 - 20.24.150 20.24.100 Condition, modification and restriction examples. The examiner is authorized to impose conditions, modifications and restrictions, including but not limited to setbacks, screenings in the form of landscaping or fencing, covenants, easements, road improvements and dedications of additional road right-of-way and performance bonds as authorized by county ordinances. (Ord. 12196 § 30, 1996: Ord 263 Art. 5 § 7(part), 1969). 20.24.110 Quasi-judicial powers. The examiner may also exercise administrative powers and such other quasi-judicial powers as may be granted by county ordinance, (Ord. 163 Art. 5 § 8, 1969). 20.24.120 Freedom from improper influence. Individual councilmembers, county officials or any other person, shall not interfere with or attempt to interfere with the examiner or deputy examiner in the performance of his or her designated duties, (Ord. 12196 § 31, 1996: Ord. 263 Art, 5 § 9, 1969). 20.24.130 Public hearing. When it is found that an application meets the filing requirements of the responsible county department or an appeal meets the filing rules, it shall be accepted and a date assigned for public hearing. If for any reason testimony on any matter set for public hearing, or being heard, cannot be completed on the date set for such hearing, the matter shall be continued to the soonest available date. A matter should be heard, to the extent practicable, on consecutive days until it is concluded. For purposes of proceedings identified in K.C.C. 20.24.070 and 20.24.072, the public hearing by the examiner shall constitute the hearing by the council. (Ord. 12196 § 32, 1996: Ord. 11502, § 5, 1994: Ord. 4461 § 4, 1979). 20.24.140 Consolidation of hearings. Whenever a project application includes more than one county permit, approval or determination for which a public hearing is required or for which an appeal is provided pursuant to this chapter, the hearings and any such appeals nm be consolidated into a single proceeding before the hearing examiner pursuant to K.C.C. 2020.020. (CTrd. 12196 § 33, 1996: Ord. 11502 § 6, 1994: Ord. 4461 § 5, 1979). 20.24.145 Pre -hearing conference. A pre -hearing conference may be called by the examiner pursuant to this chapter upon the request of a party, or on the examiner's own motion. A pre -hearing conference shall be held in every appeal brought pursuant to this chapter if timely requested by any party. The pre -hearing conference shall be held at such time as ordered by the examiner, but not less than fourteen days prior to the scheduled hearing on not less than seven days notice to those who are then parties of record to the proceeding. The purpose of a pre -hearing conference shall be to identify to the extent possible, the facts in dispute, issues, laws, parties and witnesses in the case. In addition the pre -hearing 20-71 conference is intended to establish a timeline for the presentation of the case. The examiner shall establish rules for the conduct of pre -hearing conferences. Any party who does not attend the pre -hearing conference, or anyone who becomes a party of record after notice of the pre -hearing conference has been sent to the parties, shall nevertheless be entitled to present testimony and evidence to the examiner at the hearing. (Ord. 12196 § 34, 1996: Ord. 11502 § 12, 1994). 20.24.150 Report by department. When an application or appeal has been set for public hearing, the responsible county department shall coordinate and assemble the reviews of other departments and governmental agencies having an interest in the application or appeal and shall prepare a report summarizing the factors involved and the department findings and recommendation or decision. At least fourteen calendar days prior to the scheduled hearing, the report, and in the case of appeals any written appeal arguments submitted to the county, shall be filed with the examiner and copies thereof shall be mailed to all persons of record who have not previously received said materials. (Ord. 12196 § 35, 1996: Ord. 4461 § 6, 1979: Ord. 263 Art. 5 § 11, 1969). (King County 6-2006) 20.24.160 - 20.24.180 PLANNING 20.24.160 Notice. A. Notice of the time and place of any hearing on an application before the hearing examiner pursuant to this chapter shall be mailed by first class mail at least fourteen calendar days prior to the scheduled hearing date to all persons who commented or requested notice of the hearing. The notice of decision or recommendation required by K.C.C. Title 20 may be combined with the notice of hearing required hereby. B. Notice of the time and place of any appeal hearing before the hearing examiner pursuant to this chapter shall be mailed to all parties of record by first class mail at least fourteen calendar days prior to the scheduled hearing date. C. If testimony cannot be completed prior to adjournment on the date set for a hearing, the examiner shall announce prior to adjournment the time and place said hearing will be continued. (Ord. 12196 § 36, 1996: Ord. 11502 § 7, 1994) Ord. 4461 § 7, 1979: Ord. 263 Art. 5 § 12, 1969). 20.24.170 Rules and conduct of hearings. A.I. The examiner shall adopt rules, including any amendments to the rules, for the conduct of hearings and for any mediation process consistent with this chapter_ 2. The hearing examiner may propose amendments to the rules by filing a draft of the amendments and a draft of a motion approving the amendments in the office of the clerk of the council, for distribution to all councilmembers for review_ At the same time as the filing of the draft, the hearing examiner shall also distribute for comment a copy of the proposed amendments to any county department that has appeared before the examiner in the year before the filing of proposed amendments and to any other parties who have requested to be notified of proposed amendments to the rules. Comments to the proposed amendments may be filed with the clerk of the council for distribution to all councilmernbers for sixty days after the proposed amendments are distributed for comment. The amendments shall take effect when they have been approved by the council by motion. 3. The hearing examiner shall publish the rules and any amendments to the rules and make them available to the public in printed and electronic forms and shall post the rules and any amendments to the Internet. B. The examiner shall have the power to issue summons and subpoena to compel the appearance of witnesses and production of documents and materials, to order discovery, to administer oaths and to preserve order. C. To avoid unnecessary delay and to promote efficiency of the hearing process, the examiner shall limit testimony, including cross examination, to that which is relevant to the matter being heard, in light of adopted county policies and regulations and shall exclude evidence and cross examination that is irrelevant, 20-72 cumulative or unduly repetitious. The examiner may establish reasonable time limits for the presentation of direct oral testimony, cross examination and argument. D. Any written submittals will be admitted only when authorized by the examiner under pertinent and promulgated administrative rules. (Ord. 15048 § 1, 2004: Ord. 11502 § 8, 1994: Ord. 4461 § 8, 1979: Ord. 263 Art. 5 § 13, 1969). 20.24,175 Case management techniques. In all matters heard by the examiner, the examiner shall use case management techniques to the extent reasonable including: limiting testimony and argument to relevant issues and to matters identified in the pre -hearing order (if applicable); pre -hearing identification and submission of exhibits (if applicable); stipulated testimony or facts; pre -hearing dispositive motions (if applicable); use of pro tempore examiners; and other methods to promote efficiency and to avoid delay. (Ord. 11502 § 13, 1994). 20.24.180 Examiner findings. When the examiner renders a decision or recommendation, he or she shall make and enter findings of fact and conclusions from the record which support the decision and the findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the comprehensive plan, subarea or community plans, the zoning code, the land segregation code and other official laws, policies and objectives of King County, and that the recommendation or decision will not be unreasonably incompatible with or detrimental to affected properties and the general public. (Ord. 12196 § 37, 1996: Ord. 4461 § 9, 1979). (King County 6-2006) HEARING EXAMINER 20.24.190 - 20.24.197 20.24.190 Additional examiner findings - reclassifications and shoreline redesignations. When the examiner issues a recommendation regarding an application for a reclassification of property or for a shoreline environment redesignation, the recommendation shall include additional findings that support the conclusion that at least one of the following circumstances applies: A. The property is potentially zoned for the reclassification being requested and conditions have been met that indicate the reclassification is appropriate; B. An adopted subarea plan or area zoning specifies that the property shall be subsequently considered through an individual reclassification application; C. Where a subarea plan has been adopted but subsequent area zoning has not been adopted, that the proposed reclassification or shoreline redesignation is consistent with the adopted subarea plan; or D. The applicant has demonstrated with substantial evidence that: 1. Since the last previous area zoning or shoreline environment designation of the subject property, authorized public improvements, permitted private development or other conditions or circumstances affecting the subject property have undergone substantial and material change not anticipated or contemplated in the subarea plan or area zoning; 2. The impacts from the changed conditions or circumstances affect the subject property in a manner and to a degree different than other properties in the vicinity such that area rezoning or redesignation is not appropriate. For the purposes of this subsection, "changed conditions or circumstances" does not include actions taken by the current or former property owners to facilitate a more intense development of the property including but not limited to changing tax limitations, adjusting property lines, extending services or changing property ownership; 3. For proposals to increase rural residential density, that the proposal meets the criteria in Comprehensive Plan policies R-205 through R-209; 4. For proposals to increase urban residential density, that the proposal meets the criteria in Comprehensive Plan policies U-120 through U-125; and 5. The requested reclassification or redesignation is in the public interest. (Ord. 15243 § 2, 2005: Ord. 14047 § 12, 2001: Ord. 4461 § 10, 1979). 20.24.196 Additional examiner findings - preliminary plats. When the examiner makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether: 20-73 A. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and B. The public use and interest will be served by the platting of such subdivision and dedication. (Ord. 12196 § 38, 1996: Ord. 9544 § 16, 1990). 20.24.197 Additional examiner findings and recommendations - school capacities. Whenever the examiner in the course of conducting hearings or reviewing preliminary plat applications receives documentation that the public schools in the district where the development is proposed would not meet the standards set out in K.C.C. 21A.28.160 if the development were approved, the examiner shall remand to the department of development and environmental services to require or recommend phasing or provision of the needed facilities and sites as appropriate to address the deficiency, or deny the proposal if required by this chapter. The examiner shall prepare findings to document the facts that support the action taken. The examiner shall recommend such phasing as may be necessary to coordinate the development of the housing with the provision of sufficient school facilities, or shall require the provision of the needed facilities. An offer of payment of a school impact fee as required by ordinance shall not be a substitute for the phasing, but the fee is still assessable. The examiner shall recommend a payment schedule for the fee to coordinate the payment with phasing of an impact mitigation fee if the provision or payment is satisfactory to the district. The examiner must determine independently that the conditions of approval and assessable fees will provide for adequate schools. (Ord. 14047 § 13, 2001: Ord. 11620 § 7, 1994: Ord. 9785 § 10, 1991). (King County 6-2006) 20.24.210 - 20.24,220 PLANNING 20.24.210 Written recommendation or decision. A. Within ten days of the conclusion of a hearing or rehearing, the examiner shall render a written recommendation or decision and shall transmit a copy thereof to all persons of record. The examiner's decision shall identify the applicant and/or the owner by name and address. B, Recommendations of the examiner in cases identified in K.C.C. 20.24.070 may be appealed to the council by an aggrieved party by filing a notice of appeal with the clerk of the council within fourteen calendar days of the date the examiner's written recommendation is mailed. C. If no appeal is filed within fourteen calendar days, the cleric of the council shall place a proposed ordinance which implements the examiner's recommended action on the agenda of the next available council meeting for adoption; provided, that no final action to amend or reverse the hearing examiner's recommendation shall be taken at that meeting and notice to parties shall be given before the adoption of a substitute or amended ordinance which amends or reverses the examiner's recommendation; provided further, the council by motion may refer the matter to a council committee or remand to the examiner for the purpose of further hearing, receipt of additional information or further consideration when determined necessary prior to the council's taking final action thereon- D. Decisions of the examiner, that are appealable to the council as provided in K.C.C. 20.24, shall be final unless appealed to the council by an aggrieved party of record by filing a notice of appeal with the clerk of the council within fourteen calendar days of the date the examiner's written decision is mailed. E. Decisions of the examiner in cases identified in K.C.C. 20.24.080 shall be final and reviewable pursuant to K_C.C. 20.24.240B. (Ord. 12196 § 39, 1996: Ord. 9306, 1990: Ord. 4461 § 11, 1979). 20.24.220 Appeal to council - recommendation. A. If an appeal has been filed pursuant to K.C.C. 20.24.210B, the appellant shall file with the office of the clerk of the county council within twenty-one calendar days of the date of the examiner's written recommendation a written appeal statement specifying the basis for the appeal and any arguments in support of the appeal. If no written appeal statement or arguments are filed within the twenty-one calendar days, the clerk of the council shall place a proposed ordinance that implements the examiner's recommended action on the agenda of the next available council meeting. If written appeal arguments are filed, the clerk of the council shall cause notice to be given to other parties of record that a notice of appeal and appeal statement have been filed and that written appeal statements or arguments 20--74 in response to the notice of appeal and appeal statement may be submitted to the clerk within fourteen calendar days of the date of such a notification by the clerk, B. Consideration by the council of the appeal, except for appeals of examiner recommendations on petitions for road vacations, shall be based upon the record as presented to the examiner at the public hearing and upon written appeal statements based upon the record, but the council also may allow parties a period of time for oral argument based on the record. Consistent with RCW 36.70B.020(1), before or at the appeal hearing and upon the request of the council, the hearing examiner or other county staff may provide a written or oral summary, or both, of the appeal record, issues and arguments presented in an appeal and may provide answers, based on the record, to questions with respect to issues raised in an appeal asked by councilmembers at the appeal hearing . Nothing in this subsection shall be construed as limiting the ability of the council to seek and receive legal advice regarding a pending appeal from the office of the prosecuting attorney or other county legal counsel either within or outside of the hearing. C. The examiner may conduct a conference with all parties to the appeal for the purpose of clarifying or attempting to resolve certain issues on appeal, but the deputy examiner who conducted the public hearing on the proposal may not conduct the conference. Such a conference shall be informal and shall not be part of the public record. (King County 6-2006) HEARING EXAMINER 20.24.220 - 20.24.222 D. If, after consideration of the record, written appeal statements and any oral argument the council determines that: 1. An error in fact or procedure may exist or additional information or clarification is desired, the council shall remand the matter to the examiner; or 2. The recommendation of the examiner is based on an error in judgment or conclusion, the council may modify or reverse the recommendation of the examiner, but the council's land use appeal committee may retain the matter, refer it to other council committee or remand to the examiner for the purpose of further hearing, receipt of additional information or further consideration if determined necessary before the council's taking final action on the matter. E. Subsections B, C and D of this section do not apply to an appeal of an examiner's recommendation on a petition for a road vacation. In such an appeal, the council is not bound by the record presented to the hearing examiner. Before acting on a proposed road vacation for which an appeal of the hearing examiner's recommendation has been filed, the council shall hold a legislative public hearing to receive further information and testimony, (Ord. 13793 § 2, 2000; Ord. 12650 § 1, 1997: Ord. 12196 § 40, 1996: Ord. 11502 § 9, 1994: Ord. 4461 § 12, 1979). 20.24.222 Appeal to council - examiner's decision. A. If an appeal has been filed pursuant to K.C.C. 20.24.210D, the appellant shall file with the office of the clerk of the county council within twenty-one calendar days of the date of the examiner's written decision a written appeal statement specifying the basis for the appeal and any arguments in support of the appeal. If no written appeal statement or arguments are Filed within the twenty-one calendar days, the hearing examiner's decision made pursuant to K.C.C_ 20.24.070 shall be deemed final and conclusive action. If written appeal arguments are filed, the clerk of the council shall cause notice to be given to other parties of record that a notice of appeal and appeal statement have been filed and that written appeal statements or arguments in response to the notice of appeal and appeal statement may be submitted to the clerk within fourteen calendar days of the date of such notification by the clerk_ B. Consideration by the council of the appeal shall be based upon the record as presented to the examiner at the public hearing and upon written appeal statements based upon the record, but the council also may allow parties a period of time for oral argument based on the record. Consistent with RCW 36.70B.020(1), before or at the appeal hearing and upon the request of the council, the hearing 20-75 examiner or other county staff may provide a written or oral summary, or both, of the appeal record, issues and arguments presented in an appeal and may provide answers, based on the record, to questions with respect to issues raised in an appeal asked by councilmembers at the appeal hearing . Nothing in this subsection shall be construed as limiting the ability of the council to seek and receive legal advice regarding a pending appeal from the office of the prosecuting attorney or other county legal counsel either within or outside of the hearing. C. The examiner may conduct a conference with all parties to the appeal for the purpose of clarifying or attempting to resolve certain issues on appeal, but the deputy examiner who conducted the public hearing on the proposal may not conduct the conference. Such a conference shall be informal and shall not be part of the public record. D. If, after consideration of the record, written appeal statements and any oral argument the council determines that: 1. Additional information or clarification is required, the council shall remand the matter to the examiner; or 2. The decision of the examiner is based on an error in judgment or conclusion, the council may modify or reverse the recommendation of the examiner; provided, the council's land use appeal committee may retain the matter, refer it to another council committee or remand to the examiner for the purpose of further hearing, receipt of additional information or further consideration if determined necessary before the councils taking final action on the matter. E. Appeals shall be processed by the council as expeditiously as possible, giving appropriate consideration to the procedural due process rights of the parties. Consideration of the appeal by the council shall be scheduled to ensure that such appeals are processed within the time periods provided in K.C.C. 20.20.100. Failure of the council to determine an appeal within applicable time limits shall not terminate the jurisdiction of the council. (Ord. 13793 § 3, 2000: Ord. 12196 § 41, 1996). (King County 6-2006) 20.24.230 - 20.24.235 PLANNING 20.24.230 Council action. The council shall take final action on any recommendation of the examiner or appeal from a decision by the examiner by ordinance and when so doing, it shall make and enter findings of fact and conclusions from the record of the public hearing conducted by the examiner. The findings and conclusions shall set forth and demonstrate the manner in which the action is consistent with, carries out and helps implement applicable state laws and regulations and the regulations, policies, objectives and goals of the comprehensive plan, the community plans, the zoning code, the subdivision code and other official laws, policies and objectives for the development of King County. The council may adopt as its own all or portions of the examiner's findings and conclusions. Any ordinance may contain conditions regarding the manner of development or other aspects regarding use of the property including but not limited to dedication of land, provision of public improvements to serve the subdivision, and/or impact fees authorized by chapter 82.02 RCW. Any ordinance also may contain reasonable conditions, in accordance with state law and county ordinances, that must be satisfied before the ordinance becomes effective and the official zoning maps shall not be amended until the conditions have been satisfied; provided, the ordinance shall also designate the time period within which any such conditions must be satisfied. All authority pursuant to such ordinance shall expire if any of the conditions are not satisfied within the designated time period and the property shall continue to be subject to all laws, regulations and zoning as if the ordinance had not been adopted; provided, the council may extend the period for satisfaction of the conditions if, after a public hearing by the examiner, the council finds an extension will be in the public interest and the extension was requested by the applicant within the initial time period. As an alternative to the adoption of an ordinance containing conditions, the council may adopt an ordinance subject to the execution of a concomitant agreement between the county and the applicant regarding the manner of development of the property, any required improvements or any aspect regarding use of the property. (Ord. 13625 § 19, 1999. Ord. 12196 § 42, 1996: Ord. 9544 § 17, 1990: Ord. 4680 § 2, 1980: Ord. 4461 § 13, 1979: Ord: 263 Art. 5 § 18, 1969). 20.24.235 Findings - preliminary plats. A. In addition to the provisions of K.C.C. 20.24.230 King County shall not approve a proposed subdivision and dedication unless it finds that: 20-76 1. Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school; and 2. The public use and interest will be served by the platting of such subdivision and dedication. B, If it finds that the proposed subdivision and dedication make such appropriate provisions and that the public use and interest will be served, then the council shall approve the proposed subdivision and dedication_ Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. The council may adopt as its own all or portions of the examiner's findings and conclusions. (Ord. 12196 § 43, 1996: Ord. 9544 § 18, 1990). (King County 6-2006) HEARING EXAMINER 20.24.240 - 20.24.320 20.24.240 Judicial review of final decisions. A. Decisions of the council in cases identified in K.C.C. 20.24.070 or in cases appealed to the council as provided in K.C.C. 20.24.210D, shall be final and conclusive action unless within twenty-one calendar days from the date of the council's adoption of an ordinance an appeal is filed in superior court, state of Washington, for the purpose of review of the action taken; provided, no development or related action may occur during the twenty-one day appeal period. B. Decisions of the examiner in cases identified in K.C.C_ 2024.080 shall be a final and conclusive action unless within twenty-one calendar days from the date of issuance of the examiner's decision an aggrieved person files an appeal in superior court, state of Washington, for the purpose of review of the action taken; provided, no development or related action may occur during the twenty-one day appeal period; provided further, that the twenty-one day appeal period from examiner decisions on appeals of threshold determinations or the adequacy of a final EIS shall not commence until final action on the underlying proposal. C. Prior to filing an appeal of a final decision for a conditional use permit or special use permit, requested by a party that is licensed or certified by the Washington state department of social and health services or the Washington state department of corrections, an aggrieved party (other than a county, city or town) must comply with the mediation requirements of chapter 35.63 RCW (chapter 119, Laws of 1998). The time limits for appealing a final decision are tolled during the mediation process. (Ord. 13250 § 2, 1998: Ord. 12196 § 44, 1996: Ord 11502 § 10, 1994: Ord. 4461 § 15, 1979). 20.24.250 Reconsideration of final action. A. Any final action by the county council or hearing examiner may be reconsidered by the council or examiner, respectively if: 1. The action was based in whole or in part on erroneous facts or information; 2. The action when taken failed to comply with existing laws or regulations applicable thereto; or 3. An error of procedure occurred which prevented consideration of the interests of persons directly affected by the action. 20-77 B. The council upon reconsideration shall refer the matter to the land use appeal committee to review the matter pursuant to the procedures and authority for appeals pursuant to K.C.C. 20.24.220. C. The examiner shall reconsider a final decision pursuant to the rules of the hearing examiner. D. Authority of the council and examiner to reconsider does not affect the finality of a decision when made. (Ord. 12196 § 45, 1996: Ord_ 4461 § 14, 1979)_ 20.24.300 Digest of decisions. The examiner shall maintain and publish on a quarterly basis a digest of all decisions and recommendations of the examiner. Decisions reported in the digest shall not be construed to establish any legal precedent. (Ord. 11502 § 17, 1994). 20.24.310 Citizens guide. The examiner shall issue a citizen's guide on the office of hearing examiner including making an appeal or participating in a hearing. (Ord. 11502 § 18, 1994). 20.24.320 Semi-annual report. The chief examiner shall prepare a semi-annual report to the King County council detailing the length of time required for hearings in the previous six months, categorized both on average and by type of proceeding. The report shall provide commentary on examiner operations and identify any need for clarification of county policy or development regulations. The semi-annual report shall be presented to the council by March 1st and September 1st of each year. (Ord. 11502 § 1994). (King County 6-2006) 20.24.330 - 20.24.600 PLANNING 20.24.330 Voluntary mediation. As to any application or appeal pursuant to K.C.C. 20.24 which is or could become the subject of a public hearing, the responsible county department, the council or the hearing examiner, may at their own discretion or at the request of the applicant or any person with standing to the application or appeal, at any state of the proceedings on the application or appeal, initiate a mediation process to resolve disputes as to such application or appeal. The mediation process shall be voluntarily agreed to by all participants to the hearing process, and conducted by an independent impartial mediator who shall not be a county employee or any person who will have any role in making any recommendation or decision on the application or appeal. The mediation shall be conducted in accordance with rules of mediation prepared by the hearing examiner_ (Ord. 11502 § 20, 1994). 20.24.400 Site -specific land use map amendment. Upon initiation of a site -specific land use map amendment to the comprehensive plan pursuant to K.C.C. 20.18.050, the hearing examiner shall conduct a public nearing to consider the report and recommendation of the department and to take testimony and evidence relating to the proposed amendment. The hearing examiner may consolidate hearings pursuant to K.C.C. 20.24.140 to the extent practical. Following the public hearing, the hearing examiner shall complete a report within thirty days which contains written findings and conclusions regarding the proposed amendment's qualification for annual review consideration, and consistency or lack of consistency with the applicable review criteria. An annual report containing all site specific land use map amendment reports which have been completed shall be compiled by the nearing examiner and submitted to the council by January 15 of the following year. (Ord. 13147 § 34, 1998). 20.24.450 Appeals to the hearing examiner fees. All appeals to the hearing examiner, or from decisions of the hearing examiner, shall be charged a fixed fee of two hundred fifty dollars to help defray the cost associated with appeal processing. Appeal fees shall be paid at the time of appeal submittal_ (Ord. 14449 § 12, 2002: Ord. 13332 § 7, 1998. Formerly K.C.C. 27.02.120). 20-78 20,24.500 Chapter re-enacted. Chapter 20.24, King County Code, as in effect on February 28, 1997, is hereby re-enacted. (Ord. 12649 § 1, 1997: Ord. 11502 § 21, 1994). (King County 6-2006) OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS 20.36 CURRENT USE ASSESSMENT Chapter 20.36 OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS CURRENT USE ASSESSMENT Sections: 20.36.010 Purpose and intent. 20.36,015 Definitions. 20.36.020 Hearing examiner. 20.36.030 Applications. 20.36.040 Fees. 20.36.050 Time to file. 20.36.060 Notice of public hearing for timber land and open space applications in unincorporated areas. 20.36.070 Application filed after October 1 st. 20.36.080 Effect of approval. 20.36,090 Open space and timber land applications in incorporated areas. 20.36.100 Public benefit rating system for open space land - definitions and eligibility. 20.36.110 Current use taxation of timber land. 20.36.120 Assessor to approve or disapprove agricultural applications, 20.36.130 Time limit for farm and agricultural appeals and removal appeals. 20.36.160 Assessed valuation schedule - public benefit rating system for open space land. 20.36.165 Determination of public benefit values - split parcels. 20.36.170 Review of previously approved open space applications. 20.36.180 Report and evaluation. 20.36,190 Evaluation and approval of open space resource applications. 20.36.200 Outreach by department. 20-79 BLANK 20-80 (King County 6-2006) OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS 20.36.010 - 20.36.030 CURRENT USE ASSESSMENT 20.36.010 Purpose and intent. It is in the best interest of the county to maintain, preserve, conserve and otherwise continue in existence adequate open space lands for the production of food, fiber and forest crops, and to assure the use and enjoyment of natural resources and scenic beauty for the economic and social well-being of the county and its citizens. It is the intent of this chapter to implement RCW Chapter 84.34, as amended, by establishing procedures, rules and fees for the consideration of applications for public benefit rating system assessed valuation on 'open space land" and for current use assessment on "farm and agricultural land" and "timber land" as those lands are defined in RCW 84.34.020. The provisions of RCW chapter 84.34, and the regulations adopted thereunder shall govern the matters not expressly covered in this chapter. (Ord. 10511 § 3, 1992: Ord, 1886 § 1, 1974: Ord. 1076 § 1, 1971). 20.36.015 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. A. "Certified local government programs" are those historic preservation programs that are formally certified by the National Park Service and Washington state Office of Archaeology and Historic Preservation. B. "Department' means the department of natural resources and parks or successor agency. C. "Enrolled parcel' means a parcel for which a public benefit rating system open space application has been received, that is receiving tax reduction benefits and for which an open space taxation agreement, as described in WAC 458.30.240, has been executed and recorded with the records, elections and licensing services division. D. "Native plant" or "native vegetation" means native vegetation as defined in K.C.C. 21A.06.790. E. 'Reevaluate" means to examine the characteristics of a property currently designated under current use taxation provisions of the open space program for qualification under the current public benefit rating system provided for in this chapter. (Ord. 15137 § 1, 2005). 20.36.020 Hearing examiner. The office of hearing examiner as established by K.C.C. 20.24 as amended, shall act in behalf of the council in considering applications for public benefit rating system assessed valuation on open space land and for current use assessments on timber land in an unincorporated area of the county or appeals from denials by the county assessor of applications for current use assessments on farm and agricultural land as provided herein. All such applications and appeals shall be processed pursuant to the procedures established in this chapter and K.C_C. 20.24_ (Ord. 10511 § 4, 1992: Ord. 4462 § 6, 1979: Ord. 1886 § 2, 1974: Ord. 1076 § 2, 1971). 20.36.030 Applications. An owner of farm and agricultural land desiring current use assessment under chapter 84.34 RCW shall make application to the county assessor and an owner of open space land desiring assessed valuation under the public benefit rating system or an owner of timber land desiring current use assessment shall make application to the county council by filing an application with the department natural resources and parks. The application shall be upon forms supplied by the county and shall include such information deemed reasonably necessary to properly classify an area of land under chapter 84.34 RCW with a notarized verification of the truth thereof. (Ord. 14199 § 228, 2001: Ord. 12969 § 2, 1998: Ord. 11796 § 2, 1995: Ord. 10778 § 2, 1993: Ord. 10511 § 5, 1992: Ord. 1886 § 3, 1974: Ord. 1076 § 3, 1971). (King County 12-2007) 20.36.040 - 20.36,080 PLANNING 20.36.040 Fees. A. Except as provided in subsection C, of this section, the applicant shall pay a current use filing fee as provided in K.C.C. 27.10.230, payable to the King County of finance and business operations division, for each open space, farm and agricultural or timber land application filed in calendar year 1973 or thereafter. B. In the case of all farm and agricultural land applications, whether the application is based on land within or outside of an incorporated area, the entire fee shall be collected and retained by the county. In the case of open space or timber land applications based on land in an incorporated area of the county, where the city legislative authority has set no filing fee, the county fee shall govern and the entire fee shall be collected and retained by the county. Where the city legislative authority has established a filing fee for open space or timber land applications based on land in an incorporated area of the county, fees as set forth in K.C.C. Title 27 shall be collected by the county from the applicant and the county shall pay the city one-half of the fee collected; provided, that in no event shall the amount paid to the city exceed the fee established by the city. C. Public benefit rating system and timberland application fees for lands in the unincorporated areas shall be waived from December 10, 2008, through December 31, 2008. (Ord. 15970 § 1, 2007: Ord. 15579 § 1, 2006: Ord. 15137 § 2, 2005: Ord. 13332 § 64, 1998: Ord. 9719 § 23, 1990: Ord. 1886 § 4, 1974; Ord. 1076 § 4, 1971). (Fee increases — fees authorized by Ordinance 13332: K.C_C, 27.02.065.) 20-82 20.36.050 Time to file. Applications shall be made by December 31st of the calendar year preceding that year in which such classification is to begin. (Ord. 1886 § 5, 1974: Ord. 1076 § 5, 1971). 20.36.060 Notice of public hearing for timberland and open space applications in unincorporated areas. A. Notice of the time, place and purpose of a public hearing [before the hearing examiner]* on an open space or timberland application based on land in unincorporated areas of the county shall be given by one publication in the official county newspaper at least ten days before the hearing. B. Notice of the time, place and purpose of a public hearing before the hearing examiner on an open space application based on land in unincorporated areas of the county shall be provided by the following methods at least thirty days before the hearing.- 1- By the applicant posting the property included in the application with a sign provided at no charge by the department. The sign shall measure at least eighteen inches by twenty-four inches, and shall include the name of the applicant, the location of the subject property, the date, place and purpose of the public hearing, a reference to this section and a source for additional information. The applicant must provide a declaration or affidavit to the department confirming the posting and the department shall file the declaration or affidavit with the clerk of the council: 2. By the department by mailing notice in accordance with the standards provided for in K.C.C. 2020.060.G. 1, 5. and 6; and 3. By the clerk of the council by publishing notice in the official county newspaper and another newspaper of general circulation in the affected area. (Ord. 15137 § 3, 2005: Ord. 4462 § 6A, 1979: Ord. 1886 § 7, 1974: Ord. 1076 § 7, 1971). 20.36.070 Applications filed after October 1st. In the case of open space and timber applications filed after October 1st of each calendar year, the examiner shall establish time periods for satisfaction of any conditions so as to enable the county assessor to make a timely notation on the assessment list and the tax roll for such land in the event of approval of such applications. (Ord. 4462 § 7, 1979). 20.36.080 Effect of approval. Any ordinance approving an application shall constitute authorization for the chairman of the council or his/her designee to sign the open space taxation agreement. (Ord. 11195 § 1, 1994: Ord. 4462 § 8, 1979). `Note: Language not underlined in Ordinance 15137, Section 3. See K.C.C. 1.24.075. (King County 12-2007) OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS 20.36.090 - 20.36.100 CURRENT USE ASSESSMENT 20,36.090 Open space and timber land applications in incorporated areas. A. In the case of open space and timber land applications received by the county based on land in incorporated areas of the county, the department shall promptly transmit a copy of the application to the affected city. B. Such an application shall be acted upon by a determining authority composed of three county council members who are members of the council's natural resources and utilities committee, or its successor, council and three city council members designated by the applicable city legislative body_ The application shall be acted upon after a public hearing and after notice of the hearing shall have been given by one publication in a newspaper of general circulation in the area at least ten days before the hearings. (Ord. 15137 § 4, 2005: Ord. 11195 § 2, 1994: Ord. 1886 § 10, 1974). 20.36.100 Public benefit rating system for open space land - definitions and eligibility. To be eligible for open space classification under the public benefit rating system, property must contain one or more qualifying open space resources and have at least five points as determined under this section. These resources are based on the adapted King County Open Space Plan referenced in K.C.C. 20.12.380. The department shall review each application and recommend award of credit for current use of property that is 20-83 the subject of the application. In making such a recommendation, the department shall utilize the point system described in subsections A. and B. of this section. A. The following open space resources are each eligible for the points indicated: 1. Active or passive recreation area -five points. For the purposes of this subsection A.1, "active or passive recreation area" means land devoted to providing nonmotorized active or passive recreation use or that complements or substitutes for recreation facilities characteristically provided by public agencies. To be eligible as an active or passive recreation area, the facilities must be open to the general public or to specific public user groups, such as youth, senior citizens or people with disabilities. A property must be identified by the responsible agency within whose jurisdiction the property is located, as meeting the definition of an active or passive recreation area. Enrolling property must adhere to best management practices or standards, as defined in K.C.C. 21A.06.098, where available. If a fee is charged for use, it must be comparable to the fee charged by a like public facility; 2. Aquifer protection area - five points. For the purposes of this subsection A.2, "aquifer protection area" means property that has a plant community in which native plants are dominant and that is located within an area designated as a critical aquifer recharge area under K.C_C. chapter 21 A.24. To be eligible as an aquifer protection area, at least fifty percent of the enrolling open space area or a minimum of one acre of open space shall be designated as a critical aquifer recharge area. The enrolling open space area must have a plant community in which native plants are dominant, or a plan for revegetation must be submitted and approved by the department, and be implemented according to its proposed schedule of activities; 3. Buffer to public land - three points. For the purposes of this subsection A.3, "buffer to public land" means land that has a plant community in which native plants are dominant and that is adjacent and provides a buffer to a publicly owned park, forest, wildlife preserve, natural preserve, sanctuary, parkway, trail, highway, designated greenway or is adjacent and provides a buffer to a property participating in a current use taxation program under chapter 84.34 RCW. The buffer shall be no less than fifty feet in length and fifty feet in width. Public roads may separate the public land, or land in private ownership classified under chapter 84.34 RCW, from the buffering land, if the entire buffer is at least as wide and long as the adjacent section of the road easement. Landscaping or other nonnative vegetation shall not separate the public land or land enrolled under chapter 84.34 RCW from the native vegetation buffer. The department may grant an exception to the native vegetation requirement for property along parkways with historic designation, upon review and recommendation of the historic preservation officer of King County or the local jurisdiction in which the property is located. Eligibility for this exception does not extend to a property where plantings are required or existing plant communities are protected under local zoning codes, development mitigation requirements or other local regulations; (King County 6-2006) 20.36.100 PLANNING 4. Equestrian -pedestrian trail linkage - thirty-five points. For the purposes of this subsection A.4, "equestrian -pedestrian trail linkage" means land in private ownership that the property owner allows the public to use as an off -road trail linkage for equestrian, pedestrian or other nonmotorized uses or that provides a trail link from a public right of way to a trail system. Use of motorized vehicles is prohibited on trails receiving tax reductions in this category, except for maintenance or for medical, public safety or police emergencies. Public access is required only on that portion of the property containing the trail. The landowner may impose reasonable restrictions on access that are mutually agreed to by the landowner and the department, such as limiting use to daylight hours. To be eligible as an equestrian -pedestrian trail linkage, the owner shall provide a trail easement to an appropriate public or private entity, acceptable to the department. The easement shall be recorded with the records, elections and licensing services division. In addition to the area covered by the trail easement, adjacent land used as pasture, barn or stable area and any corral or paddock may be included, if an approved and implemented farm management plan is provided. Land necessary to provide a buffer from the trail to other nonequestrian uses, land that contributes to the aesthetics of the trail, such as a forest, and land set aside and marked for off road parking for trail users may also be included as lands eligible for current use taxation. Private roads or driveways open to the public for this purpose may also qualify. Driveways and sidewalks, used primarily by the 20--84 landowner, do not qualify under this category. Fencing and gates are not allowed in the trail easement area, except those that are parallel to the trail or linkage; 5. Farm and agricultural conservation land - five points. For the purposes of this subsection A.5, "farm and agricultural conservation land" means land previously classified as farm and agricultural land under RCW 84,34,020 that no longer meets the criteria of farm and agricultural land, or traditional farmland not classified under chapter 84.34 RCW that has not been irrevocably devoted to a use inconsistent with agricultural uses and has a high potential for returning to commercial agriculture. To be eligible as farm and agricultural conservation land, the property must be used for farm and agricultural activities or have a high probability of returning to agriculture and the property owner must commit to return the property to farm or agricultural activities. An applicant must have a department -approved farm management plan in accordance with K.C.G. 21A.24.051 that is being implemented according to its proposed schedule of activities prior to receiving credit for this category. The property must be at least five acres in size; or greater than two acres and be actively farmed on more than seventy-five percent of the property_ Eligible land must be zoned to allow agricultural uses. Combining separate parcels under different owners is not allowed under this category; 6. Forest stewardship land - five points. For the purposes of this subsection A.6, "forest stewardship land" means property that is managed according to an approved forest stewardship plan and that is not enrolled in the timberland program under chapter 84.34 RCW or the forestland program under chapter 84.33 RCW. To be eligible as forest stewardship land, the property must contain at least four acres of contiguous forestland, which may include land undergoing reforestation, according to the approved plan. An applicant shall have and implement a forest stewardship plan approved by the department. The forest stewardship plan may emphasize forest retention, harvesting or a combination of both; 7. Historic landmark or archeological site: buffer to a designated site - three points. For the purposes of this subsection A.7, "historic landmark or archaeological site: buffer to a designated site" means property adjacent to land constituting or containing a designated county or local historic landmark or archeological site, as determined by the historic preservation officer of King County or other jurisdiction in which the property is located that manages a certified local government program. To be eligible as a historic landmark or archeological site: buffer to a designated site, a property must have a plant community in which native plants are dominant and be adjacent to or in the immediate vicinity of and provide a significant buffer for a designated landmark or archaeological site listed on the county or other certified local government list or register of historic places or landmarks. For the purposes of this subsection A.7, "significant buffer" means land and plant communities that provide physical, visual, noise or other barriers and separation from adverse effects to the historic resources due to adjacent land use; (King County 6-2006) OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS 20.36.100 CURRENT USE ASSESSMENT 8. Historic landmark or archeological site: designated site - five points. For the purposes of this subsection A.8, "historic landmark or archaeological site: designated site" means land that constitutes or upon which is situated a historic landmark formally designated by King County or other certified local government program. Historic landmarks include buildings, structures, districts or sites of significance in the county's historic or prehistoric heritage, such as Native American settlements, trails, pioneer settlements, farmsteads, roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites or traditional cultural properties. To be eligible as a historic landmark or archeological site: designated site, a property must be listed on a county or other certified local government list or register of historic places or landmarks for which there is local regulatory protection. Eligible property may include property that contributes to the historic character within designated historic districts, as defined by the historic preservation officer of King County or other certified local government jurisdiction. The King County historic preservation officer shall make the determination on eligibility; 9. Historic landmark or archeological site: eligible site - three points. For the purposes of this subsection A.9, "historic landmark or archaeological site: eligible site" means land that constitutes or upon which is situated a historic property that has the potential of being formally designated by a certified local 20---85 government jurisdiction, including buildings, structures, districts or sites of significance in the county's historic or prehistoric heritage, such as Native American settlements, pioneer settlements, farmsteads, roads, industrial works, bridges, burial sites, prehistoric and historic archaeological sites or traditional cultural properties. An eligible property must be determined by the historic preservation officer of King County or other certified local government program in the jurisdiction in which the property is located to be eligible for designation and listing on the county or other local register of historic places or landmarks for which there is local regulatory protection. Eligible property may include contributing property within designated historic districts. Property listed on the state or national Registers of Historic Places may qualify under this category; 10, Rural open space - five points. For the purposes of this subsection A_10, "rural open space" means an area of ten or more contiguous acres that has a plant community in which native plants are dominant and that is located outside of the urban growth area as identified in the King County Comprehensive Plan, except that an eligible site may include former open farmland, woodlots, scrublands or other lands that are in the process of being replanted with native vegetation; 11. Rural stewardship land -five points. For the purposes of this subsection A.11, "rural stewardship land" means lands zoned RA (rural area), A (agriculture) or F (forest), that has a department - approved and implemented rural stewardship plan as provided in K.C.C. chapter 21A.24. On RA -zoned property, the approved rural stewardship plan shall meet the goals and standards of K.C.C. 21A.24.055. For A- and F-zoned properties, credit for this category is allowed if the plan meets the goals of K.C.C. 21A24.055 D. through G. A rural stewardship plan includes, but is not limited to, identification of critical areas, location of structures and significant features, site -specific best management practices, a schedule for implementation and a plan for monitoring as provided in K.C.C. 21A.24.055. To be eligible as rural stewardship land, the open space must be at least one acre and feature a plant community in which native plants are dominant or be in the process of restoration, reforestation or enhancement of native vegetation. Lands receiving credit for this category shall not receive credit for the resource restoration or the forest stewardship land public benefit rating system categories; (King County 6-2006) 20.36,100 PLANNING 12. Scenic resource, viewpoint or view corridor - five points. For the purposes of this subsection A.12, "scenic resource" means an area of ten or more enrolling acres of natural or recognized cultural features visually significant to the aesthetic character of the county. A site eligible as a scenic resource must be significant to the identity of the local area and must be visible to a significant number of the general public from public rights -of -way, must be of sufficient size to substantially preserve the scenic resource value and must enroll at least ten acres of open space. For the purposes of this subsection A.12, a "viewpoint" means a property that provides a view of an area visually significant to the aesthetic character of the county_ To be eligible as a viewpoint, a site must provide a view of a scenic natural or recognized cultural resource in King County or other visually significant area and must allow unlimited public access, and be identified by a permanent sign readily visible from a road or other public right-of-way. For the purposes of this subsection A.12, a "view corridor" means a property that contributes to the aesthetics of a recognized view corridor critical to maintaining a public view of a visually significant scenic natural or recognized cultural resource. A site eligible as a view corridor must contain at least one acre of open space that contributes to a view corridor visible to the public that provides views of a scenic natural resource area significant to the local area. Recognized cultural areas must be found significant by the King County historic preservation officer or equivalent officer of another certified local government program and must contain significant inventoried or 20--86 designated historic properties. Eligibility is subject to determination by the department or applicable jurisdiction; 13. Shoreline: conservancy environment - five points. For the purposes of this subsection A.13, "shoreline: conservancy environment" means marine, lake and river shoreline and associated wetlands designated as a conservancy environment in an adopted shoreline master plan under chapter 90.58 RCW, the Shoreline Management Act of 1971. To be eligible as shoreline: conservancy environment, the property enrolling must feature a plant community in which native plants are dominant, adjacent to the water for a length of more than twenty-five feet, and provide additional buffer width. The buffer width must be at least twenty-five percent greater than the buffer required by regulation. Credit for this category cannot overlap with credit for the shoreline natural environment category; 14. Shoreline: natural environment - three points. For the purposes of this subsection A.14, "shoreline: natural environment" means marine, lake or river shoreline and its associated wetlands designated as a natural environment in an adopted shoreline master plan under chapter 90.58 RCW, the Shoreline Management Act of 1971. To be eligible as shoreline: natural environment, the property enrolling must feature a plant community in which native plants are dominant, adjacent to the water and be greater than twenty-five feet in length, and provide additional buffer width. The buffer width must be at least twenty- five percent greater than the buffer required by regulation. Credit for this resource cannot overlap with credit for the shoreline conservancy environment category; 15. Significant plant site - five points. For the purposes of this subsection A.15, "significant plant site" means: an area with naturally occurring concentrations of those plants defined as being monitor species and meeting the criteria for native plant communities by the Washington state Department of Natural Resources as of the effective date of this ordinance; or an old growth forest stand at least ten acres in size. An eligible site must be listed in the Natural Heritage Data Base as of the effective date of this ordinance, or be identified by an expert acceptable to the department confirming that qualified species are present on the property. Commercial nurseries, arboretums or other maintained garden sites with native or nonnative plantings are ineligible for this category; 16. Significant wildlife or salmonid habitat - five points. a. For the purposes of this subsection A.16, "significant wildlife or salmonid habitat" means: (1) an area used by animal species listed as endangered, threatened, sensitive or candidate by the Washington state Department of Fish and Wildlife or Department of Natural Resources as of the effective date of this ordinance, or used by species of local significance that are so listed by the King County Comprehensive Plan or a local jurisdiction; (2) an area where the species listed in subsection A.16.a.(1). of this section are potentially found with sufficient frequency for critical ecological processes to occur such as reproduction, nesting, rearing, wintering, feeding or resting; (King County 6-2006) OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS 20.36A00 CURRENT USE ASSESSMENT (3) a site that meets the criteria for priority habitats as defined by the Washington state Department of Fish and Wildlife that is so listed by the King County Comprehensive Plan or the local jurisdiction in which the property is located; or (4) a site that meets criteria for a wildlife habitat conservation area as defined by the department or a local jurisdiction. b. To be eligible as significant wildlife or salmonid habitat, the property must be verified by the department, or by expert determination acceptable to the department that qualified species are present or that the land fulfills the functions described in subsection A.16.a_ of this section. To receive credit for salmonid habitat, the owner must provide a buffer at least fifteen percent greater in width than required by any applicable regulation. Property consisting mainly of disturbed or fragmented open space determined by the department as having minimal wildlife habitat significance is ineligible for this category; 17. Special animal site - three points. For the purposes of this subsection A.17, "special animal site" means a site that includes a wildlife habitat network identified by the King County Comprehensive Plan or individual jurisdictions through the Growth Management Act, chapter 36.70A RCW, or urban natural area as identified by the Washington state Department of Fish and Wildlife's priority habitats and species project 20-87 as of the effective date of this ordinance. To be eligible as a special animal site, the property must be identified by King County or local or state jurisdiction or where expert verification acceptable to the department or local jurisdiction is provided. Property consisting mainly of disturbed or fragmented open space determined by the department to have minimal wildlife habitat significance is ineligible for this Category; 18. Surface water quality buffer - five points. For the purposes of this subsection A.18, "surface water quality buffer" means an undisturbed area that has a plant community in which native plants are dominant adjacent to a lake, pond, stream, wetland or marine waters, that provides buffers beyond that required by any applicable regulation. To be eligible as surface water quality buffer, the buffer must be at least fifty percent wider than the buffer required by any applicable regulation and longer than twenty-five feet. The qualifying buffer area must be preserved from clearing and intrusion by domestic animals and protected from grazing or use by livestock; 19. Urban open space - five points_ a. For the purposes of this subsection A.19, "urban open space" means land located within the boundaries of a city or within the urban growth area that has a plant community in which native plants are dominant and that under the applicable zoning is eligible for more intensive development or use. To be eligible as urban open space, the enrolling area must be at least one acre, or be at least one-half acre if the land meets one of the following criteria: (1) the land conserves and enhances natural or scenic resources; (2) the land protects streams or water supply; (3) the land promotes conservation of soils, wetlands, beaches or tidal marshes; (4) the land enhances the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or sanctuaries or other open space; (5) the land enhances recreation opportunities to the general public; or (6) the land preserves visual quality along highways, roads, and streets or scenic vistas. b. Owners of noncontiguous properties that together meet the minimum acreage requirement of subsection A. 19. a. of this section may jointly apply under this category if each property is closer than seventy-five feet to one other property in the application and if each property contains an enrolling open space area at least as large as the minimum zoned lot size; and 20. Watershed protection area - five points. For the purposes of this subsection A.20, "watershed protection area" means property in a watershed contributing to the forest cover that provides run-off reduction and groundwater protection. To be eligible as watershed protection area, the property must consist of contiguous native forest or be in the process of reforestation. The enrolling forested area must consist of an additional fifteen percent of forest cover beyond that required by county or applicable local government regulation and must be at least one acre or twenty-five percent of the property acreage, whichever is greater. If reforestation or improvements to the forest health are necessary, the property owner shall provide and implement a department -approved forest stewardship or rural stewardship plan. (King County 6-2006) 20.36.100 PLANNING B_ Property qualifying for an open space category in subsection A. of this section may receive credit for additional points as follows: 1. Resource restoration - five points. For the purposes of this subsection B.1, "resource restoration" means restoration of an enrolling area benefiting an area in an open space resource category. Emphasis shall be placed on restoration of anadromous fish rearing habitat, riparian zones, migration corridors and wildlife, upland, stream and wetland habitats. To be eligible as resource restoration, the owner must provide and implement a department -approved restoration plan developed in cooperation with the Soil Conservation Service, the state Department of Fisheries and Wildlife, King County or other appropriate local or county agency. Historic resource restoration must be approved by the King County historic preservation officer or officer of another certified local government and must be accompanied by a long-term maintenance plan. For resource restoration credit, the owner shall provide to the department a yearly monitoring report for at least five years following enrollment in the public benefit rating system program. The report shall describe the progress and success of the restoration project and shall include photographs to document the success. Credit for this category cannot overlap with credit for the forest stewardship land category or the rural stewardship land category. If a property owner implements an approved restoration plan after enrolling in the public benefit rating system program and did not receive credit for the restoration in 20--88 the initial evaluation of the property, the owner may reapply to amend the application and receive the bonus points credit without paying an additional application fee; 2. Additional surface water quality buffer - three or five points. For the purposes of this subsection B.2. "additional surface water quality buffer" means an undisturbed area of native vegetation adjacent to a lake, pond, stream, wetland or marine water providing a buffer width of at least twice that required by regulation. To be eligible as additional surface water quality buffer, the property must qualify for the surface water quality buffer or a shoreline category in subsection A. of this section. Three points are awarded for additional buffers no less than two times the buffer width required by any applicable regulation. Five points are awarded for additional buffers no less than three times the buffer width required by any applicable regulation; 3. Contiguous parcels under separate ownership - two points [per participating owner above one owner. The points under this subsection B.3. accrue to all of the owners. However withdrawal of participating owner means the loss to each of the remaining owners of the two points for the withdrawing owner's participation under this subsection B.3].* For the purposes of this subsection B.3, "contiguous parcels" means enrolling parcels abutting each other without any significant natural or manmade barrier separating them or enrolling parcels abutting a publicly owned open space but not necessarily abutting each other without any significant natural or manmade barriers separating the publicly owned open space and the parcels seeking open space classification. Contiguous parcels of land with the same qualifying public benefit rating system resources are eligible for treatment as a single parcel if open space classification is sought under the same application except as otherwise prohibited. Award of this category requires a single application by multiple owners and parcels with identical qualifying public benefit rating system resources. Treatment as contiguous parcels shall include: the requirement to pay only a single application fee; and the requirement that the total area of all parcels combined must equal or exceed any required minimum area, rather than each parcel being required to meet the minimum area. Individual parcels may be withdrawn from open space classification consistent with all applicable rules and regulations without affecting the continued eligibility of all other parcels accepted under the same application, but the combined area of the parcels remaining in open space classification must still qualify for their original enrolling public benefit rating system category or categories. To be eligible as contiguous parcels under separate ownership, the property must include two or more parcels under different ownership_ The owners of each parcel included in the application must agree to identical terms and conditions for enrollment in the program; "Note: Language not underlined in Ordinance 15137, Section 5. See K.C.C. 1.24.075. (King County 6-2006) OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS 20.36.100 CURRENT USE ASSESSMENT 4. Conservation easement or historic preservation easement - fifteen points. For the purposes of this subsection B,4, "conservation easement or historic preservation easement" means land on which an easement is voluntarily placed that restricts. in perpetuity, further potential development or other uses of the property. The granting of this conservation easement or historic preservation easement provides additional value through permanent protection of a resource. These easements are typically donated or sold to a government or nonprofit organization, such as a land trust or conservancy. To be eligible as conservation easement or historic preservation easement, the easement must be approved by the department and be recorded with the records, elections and licensing services division. The easement shall be conveyed to the county or to an organization acceptable to the department. In addition, historic preservation easements shall also be approved by the historic preservation officer of King County or officer of another certified local government jurisdiction in which the property is located. An easement required by zoning, subdivision conditions or other land use regulation is not eligible unless an additional substantive easement area is provided beyond that otherwise required; 5. Public access - points dependent on level of access. For the purposes of this subsection B.5, "public access " means the general public is allowed to access for uses such as, but not limited to, 20-89 recreation, education or training. Access is required on only the enrolling portion of the property. The landowner may impose reasonable restrictions on access, such as limiting use to daylight hours, that are mutually agreed to by the landowner and the department. No physical barriers may limit reasonable public access or negatively affect an open space resource. To be eligible for public access at one of the levels described in a, through d. of this subsection B.5, a property owner shall demonstrate that the property is open to public access and is used by the public. Public access points for historic properties shall be approved by the historic preservation officer of King County or officer of another certified local government jurisdiction in which the property is located. The properly owner may be required to furnish and maintain signage according to county specifications. a. Unlimited public access - five points. Year-round access by the general public is allowed without special arrangements with the property owner. b. Limited public access because of resource sensitivity - five points. Access may be reasonably limited due to the sensitive nature of the resource, with access provided only to appropriate user groups. The access allowed shall generally be for an educational, scientific or research purpose and may require special arrangements with the owner. c. Environmental education access - three points. The landowner enters into an agreement with a school, an organization with 501(c)(3) tax status, or with the agreement of the department, other community organization that allows membership by the general public, to provide environmental education on the enrolled parcel to its members or the public at large. The landowner and the department must mutually agree that the enrolled parcel has value for environmental education purposes. d. Seasonally limited public access - three points. Access by the public is allowed, with our without special arrangements with the property owner, during only part of the year based on seasonal conditions, as mutually agreed to by the landowner and the department. e. None or members -only - zero points. No public access is allowed or the access is alllowed only by members of the organization using or owning the land; and 6. Easement and access - thirty five points. For the purposes of this subsection B.6, "easement and access" means that the property has at least one qualifying open space resource, unlimited public access or limited public access due to resource sensitivity, and a conservation easement or historic preservation easement in perpetuity in a form and with conditions acceptable to the department. To be eligible a property must receive credit for an open space category and for the conservation easement or historic easement in perpetuity category. The owner must agree to allow public access to the portion of the property designated for public access in the easement. An easement required by zoning, subdivision conditions or other land use regulation is not eligible, unless there is additional easement area beyond that required. Credit for this category cannot overlap with the equestrian -pedestrian trail linkage category. (Ord. 15137 § 5, 2005: Ord. 15028 § 3, 2004: Ord. 14259 § 6, 2001: Ord. 14199 § 229, 2001, Ord. 12969 § 3, 1998: Ord_ 11796 § 3, 1995: Ord. 10778 § 3, 1993: Ord. 10511 § 7, 1992). (King County 6-2006) 20.36,110 - 20.36.170 PLANNING 20.36.110 Current use taxation of timber land. Classification of timber land for current use taxation under the provisions of 84.34 RCW shall be in accordance with the following criteria: A. The property to be classified shall contain not less than five and not more than twenty acres of timber land; and B. The property must be within an established F (forest resource), A (agriculture) or RA (rural area) zone. (Ord. 11620 § 9, 1994: Ord_ 9322, 1990: Ord. 2537 § 2, 1975)_ 20.36.120 Assessor to approve or disapprove agricultural applications. The county assessor shall approve or disapprove all applications for farm and agricultural classification with due regard to all relevant evidence. These applications shall be deemed to have been approved unless, prior to the first of May of the year after such application was mailed or delivered to the assessor, he shall notify the applicant in writing to the extent to which the application is denied. (Ord. 1886 § 11, 1974). 20.36.130 Time limit for farm and agricultural appeals and removal appeals. A. An applicant for current assessment of farm and agricultural land who receives notice in writing from the county assessor that his application has been denied may appeal such denial to the county council 20-90 by filing a written appeal with the clerk of the county council within twenty-one calendar days of the date of the assessor's written notice of denial. B. An owner of classified land who receives notice in writing from the county assessor that all or a portion of such land has been removed from current use classification may appeal such removal to the county board of equalization by filing a written appeal with the clerk of the board of equalization within thirty calendar days of the date of the assessor's written notice of removal. (Ord. 1886 § 12, 1974). 20.36.160 Assessed valuation schedule - public benefit rating system for open space land. The public benefit rating system for open space land bases the level of assessed fair market value reduction on the total number of awarded points. The market value reduction establishes the current use value. This current use value will be expressed as a percentage of market value based on the public benefit rating of the property and the valuation schedule below: Public Benefit Ratin 0-4 points 5-10 points 11-15 points 16-20 points 21-34 points 35-52 points (Ord. 10511 § 6, 1992). Current Use Value 100% of market value 50% of market value 40% of market value 30% of market value 20% of market value 10% of market value 20.36,165 Determination of public benefit values - split parcels. The public benefit value for those portions of parcels accepted into the open space program where no further subdivision is permitted due to minimum lot size requirements shall be equal to the same percentage of overall assessed value the portion represents of the total parcel size, further reduced by the current use assessed valuation schedule. (Ord. 11195 § 4, 1994). 20.36.170 Review of previously approved open space applications. In accordance with chapter 84.34 RCW, the department shall reevaluate open space property that has been approved for current use assessment before August 28, 1992, where the revaluation has not been completed before April 1, 2005. The landowner shall be notified of the new assessed value in the manner described in RCW 84.40.045. The property owner may request removal of all, or a portion of, the property from open space classification by notifying the department in writing within thirty days after the notification required by this section has been mailed to the owner without incurring back taxes, interest and penalty, in accordance with WAG 458-30-340. (Ord. 15137 § 9, 2005: Ord. 10511 § 8, 1992). (King County 6-2006) OPEN SPACE, AGRICULTURAL, AND TIMBER LANDS 20.36.180 - 10.36.190 CURRENT USE ASSESSMENT 20.36.180 Report and evaluation. The executive shall submit an annual report to the council with details the extent of participation in the public benefit rating system. The council shall reevaluate the public benefit rating system program two years from the date of adoption of this ordinance to assess the progress of the program. (Ord. 10511 § 9, 1992). 20.36.190 Evaluation and approval of open space resource applications. A. A property may achieve a maximum of a ninety -percent reduction in assessed value of that portion of the land enrolled in the public benefit rating system through the rating system and the bonus categories. Portions of a property may qualify for open space designation. The department shall evaluate a property for which open space classification is sought under this chapter for the presence of open space resource categories. Adjacent parcels of land with the same open space resources, owned by one or more landowners, may be eligible for consideration as a single parcel if open space classification is sought under the same application. For the purpose of determining buffer measurements under this chapter, the width is the distance perpendicular to the edge of the resource and the length of the buffer is parallel to the resource. The entire buffer width may be averaged to qualify for a resource category. 20---91 B.1. The presence or occurrence of an eligible open space resource shall be verified by: a. reference to a recognized source, such as: (1) the natural heritage data base; (2) the state office of historic preservation; (3) state, national, county or city registers of historic places; (4) the interagency committee for outdoor recreation inventory of dry accretion beach and shoreline features; (5) the shoreline master program; (6) parks and recreation studies; or (7) studies by the state Department of Fish and Wildlife or Department of Natural Resources; or c. reference to a map developed by the county or other recognized authority, 2. Alternatively, the existence of the resource may be verified using the best available source, such as a recognized expert in the particular resource being reviewed. 3. When more than one reasonable interpretation can be supported by the text of this chapter, the department is authorized to make a determination relating to the open space resource definitions and eligibility standards in accordance with the overall purpose and intent of this chapter. The department is authorized to calculate the appropriate area of land to receive credit for a particular priority resource to support the assessor's determination of the accompanying tax reduction for each priority resource. C. Management or preservation of the open space resources shall be a condition for acceptance into the program. Each open space resource must be maintained in the same or better condition as it was when approved for enrollment. The property owner shall not engage in any activity that reduces the value of the open space resource, unless that activity is required for public safety and is conducted lawfully under appropriate permits. As a condition of enrollment into the program, the department may require the development and agreement to a plan to restore any property whose open space resources are degraded. D. The county's acceptance of property into the public benefit rating system may be based on specific conditions or requirements being met, including, but not limited to, the granting of easements. E. Except as otherwise provided in this chapter, the following properties or areas are not eligible for open space classification: 1. Improvements or structures situated upon eligible open space land; 2. Properties that do not contain a qualifying open space priority resource; 3. Open space areas required as part of a development or, subdivision, or required by zoning or other land use regulation, unless the owner provides further public benefit, such as additional open space not restricted or required by applicable regulation, or resource restoration. Dedicated open space, such as a privately owned open space tract or native growth retention/detention area, is eligible for participation only if additional acreage, acceptable to the department, featuring a plant community where native plants are dominant, is provided; (King County 6-2006) 20.36.190 - 20.36.200 PLANNING 4. Any portion of a property that is dominated by or whose resource value is compromised by invasive species, unless an approved and implemented restoration, rural stewardship or forest stewardship plan has been provided and is being implemented; and 5. Homesite and other areas developed for residential or personal use, such as garden, landscaping and driveway, except for historic resources. F. The department may monitor the participating portion of the property to evaluate its current use and the continuing compliance with the conditions under which open space classification was granted. Monitoring may include a scheduled, physical inspection of the property. Failure by the owner to meet the conditions of the approval or to maintain the uses of the property that were the basis for the original approval shall be grounds for the department to reevaluate the property under the public benefit rating system. If the revaluation shows the property is no longer eligible or that the overall rating would result in a current use assessment at a higher percentage of market value than was originally approved, the county shall take action to remove the current use classification and determine the amount of deferred taxes, interest and penalty owed by the landowner. An appeal by the landowner from such a determination may be filed as provided for in K.C.C. 20.36.130.B. (Ord. 15137 § 10, 2005). 20-92 20.36.200 Outreach by department. The department shall undertake an outreach effort to actively encourage participation by eligible landowners in obtaining open space classification under the public benefit rating system, with emphasis on rural stewardship, aquifer protection areas, farm and agricultural conservation lands, forest stewardship lands, rural open space lands, and watershed protection areas. This outreach must include, among other elements, communications with community groups, civic organizations, volunteer associations and similar organizations, to: A. Highlight the benefits of the program; E. Seek participation by qualifying landowners; C. Seek communications with local media outlets; and D. Seek participation in workshops by the department related to farm management planning, forest management planning and rural stewardship planning. (Ord. 15137 § 11, 2005), (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES Chapter 20.44 COUNTY ENVIRONMENTAL PROCEDURES Sections: 20.44.010 Definitions and abbreviations. 20.44.020 Lead agency. 20.44.030 Purpose and general requirements. 20,44.040 Categorical exemptions and threshold determinations. 20A4.042 Planned actions. 20,44.050 Environmental impact statements and other environmental documents. 20.44.060 Comments and public notice. 20.44.070 Use of existing environmental documents. 20.44.075 Department of natural resources and parks procedural SEPA decisions. 20.44.080 Substantive authority. 20.44.085 SEPAIGMA Integration. 20.44.090 On going actions. 20-9 3 20.44 20,44.100 Responsibility as consulted agency. 20,44.120 Appeals. 20.44,130 Department procedural rules. 20.44.140 5everability. 20,44.145 Effective date. BLANK 20-94 (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES 20.44,010 - 20.44.030 20.44.010 Definitions and abbreviations. A. King County adopts by reference the definitions contained in WAC 197-11-700 through 197-11-799. In addition, the following definitions are adopted for this chapter: 1. "County council" means the county council described in Article 2 of the Home Rule Charter for King County or its duly authorized designee. 2. "County department' means any administrative office or executive department of King County, as described in K.G.C. 2.16. 3. "County executive" means any county executive described in Article 3 of the Home Rule Charter for King County or his or her duly authorized designee. B. The following abbreviations are used in this chapter: 1. SEPA -- State Environmental Policy Act 2. DNS -- Determination of Non -Significance 3. DS -- Determination of Significance 20-95 4. EIS — Environmental Impact Statement (Ord. 6949 § 3, 1984). 20.44.020 Lead agency. The procedures and standards regarding lead agency responsibility contained in WAC 197-11-050 and WAC 197-11-922 through 197-11-948 are adopted, subject to the following. A. The county department exercising initial jurisdiction over a private proposal or sponsoring a county project shall be responsible for performing the duties of the lead agency. The director of such department shall serve as the responsible official. Department directors may transfer lead agency and responsible official responsibility to any county department which agrees to perform as lead agency or may delegate such responsibility to divisions within their own departments- B. With respect to actions initiated by the county council, the council shall refer such proposals to the county executive for designation of a county department as lead agency. C. in the event of uncertainty or disagreement regarding lead agency status, the county executive shall designate the county department responsible for performing the function of lead agency. (Ord. 6949 § 4, 1984). 20.44.030 Purpose and general requirements. The procedures and standards regarding the timing and content of environmental review specified in WAG 197-11-055 through 197-11-100 are adopted subject to the following: A. The optional provision of WAC 197-11-060(3)(c) is adopted. B. Under WAC 197-11-100, the applicant shall prepare the initial environmental checklist, unless the lead agency specifically elects to prepare the checklist. The lead agency shall make a reasonable effort to verify the information in the environmental checklist and shall have the authority to determine the final content of the environmental checklist. C. The department of development and environmental services may set reasonable deadlines for the submittal of information, studies, or documents necessary for, or subsequent to, threshold determinations. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may be returned to the applicant together with any unexpended portion of the application review fees. (Ord. 14449 § 4, 2002: Ord. 8998 § 1, 1989: Ord. 8236 § 1, 1987: Ord. 7990 § 35, 1987: Ord. 6949 § 5, 1984). (King County 6-2006) 20.44.040 - 20.44.050 PLANNING 20,44.040 Categorical exemptions and threshold determinations. A. King County adopts the standards and procedures specified in WAC 197-11-300 through 197-11-390 and 197-11-800 through 197-11-890 for determining categorical exemptions and making threshold determinations subject to the following: 1. The following exempt threshold levels are hereby established in accordance with WAC 197-11- 800(1)(c) for the exemptions in WAC 197-11-800(1)(b): a. The construction or location of any residential structures of twenty dwelling units within the boundaries of an urban growth area, or of any residential structures of eight dwelling units outside of the boundaries of an urban growth area; b. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering thirty thousand square feet on land zoned agricultural, or fifteen thousand square feet in all other zones, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall not apply to feed lots; c. The construction of an office, school, commercial, recreational, service or storage building with twelve thousand square feet of gross floor area, and with associated parking facilities designed for forty automobiles; d. The construction of a parking lot designed for forty automobiles; e. Any fill or excavation of five hundred cubic yards throughout the total lifetime of the fiil or excavation and any fill or excavation classified as a class I, II, or III forest practice under RCW 76.09.050 or regulation thereunder: The categorical exemption threshold shall be one hundred cubic yards for any fill or excavation that is in a sensitive area. If the proposed action is to remove from or replace fill in a sensitive area to correct a violation, the threshold shall be five hundred cubic yards. 2. The determination of whether a proposal is categorically exempt shall be made by the county department that serves as lead agency for that proposal. B. The mitigated DNS provision of WAG 197-11-350 shall be enforced as follows: 1. If the department issues a mitigated DNS, conditions requiring compliance with the mitigation measures which were specified in the application and environmental checklist shall be deemed conditions of any decision or recommendation of approval of the action. 2. If at any time the proposed mitigation measures are withdrawn or substantially changed, the responsible official shall review the threshold determination and, if necessary, may withdraw the mitigated DNS and issue a IDS. (Ord. 14449 § 5, 2002: Ord. 12196 § 46, 1996: Ord. 11792 § 16, 1995; Ord, 9103, 1989: Ord. 8236 § 2, 1987: Ord. 6949 § 6, 1984). 20.44.042 Planned actions. The procedures and standards of WAC 197-11-164 through WAC 197-11-172 are adopted regarding the designation of planned actions. (Ord. 13131 § 4, 1998: Ord. 12196 § 47, 1996), 20.44.050 Environmental impact statements and other environmental documents. The procedures and standards for preparation of environmental impact statements and other environmental documents pursuant to WAC 197-11-400 through 197-11-460 and 197-11-600 through 197-11-640 are adopted, subject to the following: A. Pursuant to WAC 197-11-408(2)(a), all comments on determinations of significance and scoping notices shall be in writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-410(1)(b). B. Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the county department acting as lead agency shall be responsible for preparation and content of EIS's and other environmental documents. The department shall 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 subconsultants selected by King County to prepare environmental documents for a private development proposal shall not: act as agents for the applicant in preparation or acquisition of associated underlying permits; have a financial interest in the proposal for which the environmental document is being prepared; perform any work or provide any services for the applicant in connection with or related to the proposal. (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES 20.44.050 - 20.44.060 D. The department shall establish and maintain one or more lists of qualified consultants who are eligible to receive contracts for preparation of environmental documents. Separate lists may be maintained to reflect specialized qualifications or expertise. When the department requires consultant services to prepare environmental documents, the department shall select a consultant from the lists and negotiate a contract for such services. The department director may waive these requirements as provided for in rules adopted to implement this section. Subject to K.C.C. 20.44.145 and pursuant to K.C.C. 2.98, the department of development and environmental services shall promulgate administrative rules prior to the effective date of this section that establish processes to: create and maintain a qualified consultant list; select consultants from the list; remove consultants from the list; provide a method by which applicants may request a reconsideration of selected consultants based upon costs, qualifications, or timely production of the environmental document; and waive the consultant selection requirements of this chapter on any basis provided by K.C.G. 4.16. 20-97 E. All costs of preparing the environment document shall be borne by the applicant. Subject to K.C.C. 20.44.145 and pursuant to K.C.C. 2,98, the department of development and environmental services shall promulgate administrative rules which establish a trust fund for consultant payment purposes, define consultant payment schedules, prescribe procedures for treating interest from deposited funds, and develop other procedures necessary to implement this chapter. F_ 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 division 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. G. The department shall only publish an environmental impact statement (EIS) when it believes that the EIS adequately disclose: 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. Unless otherwise agreed to by the applicant, a final environmental impact statement shall be issued by the department within 270 days following the issuance of a IDS for the proposal, except for public projects and nonproject actions, unless the department determines at the time of issuance of the DS that a longer time period will be required because of the extraordinary size of the proposal or the scope of the environmental impacts resulting therefrom; provided that the additional time shall not exceed ninety days unless agreed to by the applicant. W. The following periods shall be excluded from the two hundred seventy day time period for issuing a final environmental impact statement: 1. Any time period during which the applicant has failed to pay required environmental review fees to the department; 2. Any period of time during which the applicant has been requested to provide additional information required for preparation of the environmental impact statement, and 3.Any period of time during which the applicant has not authorized the department to proceed with preparation of the environmental impact statement. (Ord. 12196 § 48, 1996: Ord_ 8998 § 2, 1989, Ord. 6949 § 7, 1984). 20.44,060 Comments and public notice. A. The procedures and standards of WAC 197-11-500 through 197-11-570 are adopted regarding public notice and comments. B. For purposes of WAC 197-11-610, public notice shall be required as provided in K.C.C. Title 20. Publication of notice in a newspaper of general circulation in the area where the proposal is located also shall be required for all nonproject actions and for all other proposals that are subject to the provisions of this chapter but are not classified as land use permit decisions in K.C.C. Title 20. 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. 12196 § 49, 1996: Ord. 9540 § 3, 1990: Ord. 8998 § 3, 1989: Ord. 6949 § 87 1984). (King County 6-2006) 20.44.070 - 20.44.080 PLANNING 20.44.070 Use of existing environmental documents. The procedures and standards of WAC 197-11-600 through 197-11-640 are adopted regarding use of existing environmental documents. (Ord. 6949 § 9, 1984). 20.44.075 Department of natural resources and parks procedural SEPA decisions. The Department of natural resources and parks by public rule may authorize procedural SEPA administrative appeals of threshold determinations or determinations of the adequacy of a final EIS made by one or more of the department's divisions. The public rule shall establish procedures for the administrative appeal, which shall be governed by K.C.C. 20.44.120. (Ord. 14449 § 6, 2002). 20.44.080 Substantive authority. 20-98 A. The procedures and standards of WAC 197-11-650 through 197-11-660 regarding substantive authority and mitigation, and WAC 197-11-158, regarding reliance on existing plans, laws and regulations, are adopted. B. For the purposes of RCW 43.21C.060 and WAC 197-11-660, the following policies, plans, rules and regulations, and all amendments thereto, are designated as potential bases for the exercise of King County's substantive authority under SEPA, subject to RCW 43.21 C.240 and subsection C of this section: 1. The policies of the state Environmental Policy Act, RCW 43.21 C.020. 2. As specified in K.C.C. chapter 20.12, the King County Comprehensive Plan, its addenda and revisions and community and subarea plans and housing report, and as specified in K_C.C. chapter 20.14, surface water management program basin plans. 3. The King County Zoning Code, as adopted in K.C.C. Title 21A. 4, The King County Agricultural Lands Policy, as adopted in K.C.C. chapter 20,54 and K.C.C. Title 26. 5, The King County Landmarks Preservation Code, as adopted in K.C.C. chapter 20.62. 6. The King County Shoreline Management Master Plan, as adopted in K.C.C. Title 25. 7, The King County Surface Water Runoff Policy, as adopted in K.C.C. chapter 9.04, including the Covington Master Drainage Plan, as adopted in K.C.C. chapter 20.14. 8. The King County Road Standards, 1993 Update, as adopted in K.C.C. chapter 14.42. 9. The Comprehensive Plan for Transportation adopted by Resolution No. 6617 of the council of the Municipality of Metropolitan Seattle and readopted and ratified by the county council in K.C.C. 28.01.030. 10. The Comprehensive Sewerage Disposal Plan adopted by Resolution No. 23 of the council of the Municipality of Metropolitan Seattle and readopted and ratified by the county council in K.C.C. 28,01.030. 11. The rules and regulations for construction and use of local sewage facilities set forth in K.C.C, chapters 28.81 through 28.84. 12. The rules and regulations on the consistency of sewer projects with local land use plans and policies set forth in Ordinance 11034, as amended. 13. The rules and regulations for the disposal of industrial waste into the sewerage system set forth in Ordinance 11034, as amended. 14. The Duwamish Clean Water Plan adopted by the council of the Municipality of Metropolitan Seattle and readopted and ratified by the county council by Ordinance 11032, Section 28, as amended. 15. The Washington Department of Ecology's Best Management Practices for the Use of Municipal Sludge. (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES 20.44,080 - 20.44,085 C. Within the urban growth area, substantive SEPA authority to condition or deny new development proposals or other actions shall be used only in cases where specific adverse environmental impacts are not addressed by regulations as set forth below or unusual circumstances exist. In cases where the county has adopted the following regulations to systematically avoid or mitigate adverse impacts K.C.C. chapter 21A.12, Development Standards - Density and Dimensions, K.C.C_ chapter 21A.14, Development Standards - Design Requirements, K.C.C. chapter 21A.16, Development Standards - Landscaping and Water Use, K.C.C. chapter 21A.18, Development Standards - Parking and Circulation, K.C.C. chapter 21A.20, Development Standards - Signs, K.C.C. chapter 21A.22, Development Standards - Mineral Extraction, K.C.C. chapter 21A.24, Environmentally Sensitive Areas, K.C.C. chapter 21A.26, Development Standards - Communication Facilities, K.C.C. chapter 21A.28, Development Standards - Adequacy of Public Facilities and Services, those standards and regulations will normally constitute adequate mitigation of the impacts of 20-99 new development. Unusual circumstances related to a site or to a proposal, as well as environmental impacts not mitigated by the regulations listed in this subsection, will be subject to site -specific or project - specific SEPA mitigation. This subsection shall not apply if the county's development regulations cited in this subsection are amended after April 22, 1996, unless the amending ordinance contains a finding, supported by documentation, that the requirements for environmental analysis, protections and mitigation measures in this chapter, provide adequate analysis of and mitigation for the specific adverse environmental impacts to which the requirements apply. D. Outside the urban growth area, in the course of project review, including any required environmental analysis, the responsible official may determine that requirements for environmental analysis, protection and mitigation measures in the county's development regulations or comprehensive plans adopted under chapter 36.70A RCW and in other applicable local, state or federal laws and rules provide adequate analysis and mitigation for specific adverse environmental impacts of the project, if the following criteria are met: 1. In the course of project review, the responsible official shall identify and consider the specific probable adverse environmental impacts of the proposed action and then make a determination whether these specific impacts are adequately addressed by the development regulations. If they are not, the responsible official shall apply mitigation consistent with the applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan or other local, state or federal rules or laws; and 2. The responsible official bases or conditions its approval on compliance with these requirements or mitigation measures. E. Any decision to approve, deny or approve with conditions pursuant to RCW 43.21 C.060 shall be contained in the responsible official's decision document. The written decision shall contain facts and conclusions based on the proposal's specific adverse environmental impacts, or lack thereof, as identified in an environmental checklist, EIS, threshold determination, other environmental document including an executive department's staff report and recommendation to a decision maker, or findings made pursuant to a public hearing authorized or required by law or ordinance. The decision document shall state the specific plan, policy or regulation that supports the SEPA decision and, if mitigation beyond existing development regulations is required, the specific adverse environmental impacts and the reasons why additional mitigation is needed to comply with SEPA. F. This chapter shall not be construed as a limitation on the authority of King County to approve, deny or condition a proposal for reasons based upon other statutes, ordinances or regulations. (Ord. 14449 § 7, 2002: Ord. 13131 § 5, 1998: Ord. 12196 § 50, 1996: Ord. 11961 § 2, 1995: Ord. 11792 § 17, 1995.. Ord. 10293 § 3, 1992: Ord. 9142, 1989: Ord. 8380 § 2, 1988: Ord. 6949 § 10, 1984). 20.44.085 SEPAIGMA Integration. The procedures and standards regarding the timing and content of environmental review specified in WAC 197-11-210 through WAC 197-11-235 are hereby adopted. (Ord. 13131 § 7, 1998). (King County 6-2006) 20.44.090 - 20.44.120 PLANNING 20.44.090 Ongoing actions. Unless otherwise provided herein, the provisions of WAC 197-11 shall be applicable to all elements of SEPA compliance, including the modification or supplementation of an EIS, initiated after the effective date of the Ordinance. (Ord. 6949 § 11, 1984). 20.44.100 Responsibility as consulted agency. All requests from other agencies that King County consult on threshold investigations, the scope process, EIS's or other environmental documents shall be submitted to the department of development and environmental services. The department shall be responsible for coordination with other affected county departments and for compiling and transmitting King County's response to such requests for consultation. (Ord. 12196 § 51, 1996: Ord. 6949 § 12, 1984). 20.44.120 Appeals. 20-100 A. The administrative appeal of a threshold determination or of the adequacy of a final EIS is a procedural SEPA appeal that is conducted by the hearing examiner under K.C.C. 20.24.080 and is subject to the following: 1. A procedural SEPA appeal to the hearing examiner is authorized only for an action classified as a Type 2, 3 or 4 land use decision in K.C.C. 20.20.020 or as provided for by public rule adopted under K.C.C. 20.44.075; 2. Only one appeal of each threshold determination shall be allowed on a proposal; 3. As provided in RCW 43.21 C.075(3)(d), the decision of the responsible official shall be entitled to substantial weight; 4. An appeal of a IDS must be filed with the department issuing the IDS as provided in K.C.C. 20,24.090-1 5. An appeal of a DNS or of the adequacy of an EIS must be filed with the department issuing the DNS or EIS as provided in K.C.C. 20.24.090. The appeal period for a DNS shall be extended for an additional seven calendar days if WAC 197-11-340(2)(a) applies; 6. Except as otherwise provided in this section, SEPA appeals are subject to K.C.C. 2024.090C; and 7. The hearing examiner shall make a final decision on all procedural SEPA appeals. B. Except for a procedural SEPA appeal authorized pursuant to K.C.C. 20.44.075, the hearing examiner's consideration of a procedural SEPA appeal shall be consolidated in all cases with the substantive SEPA appeal, if any, involving a decision to condition or deny an application pursuant to RCW 43.21 C.060 and with the public hearing or appeal, if any, on the proposal, except for an appeal of a IDS. C. A procedural or substantive SEPA appeal authorized by subsection A of this section on a Type 2, 3 or 4 land use decision shall be consolidated with any administrative appeal on the merits of that decision, as provided in K.C.C. chapter 20.24 and this section. A procedural SEPA appeal authorized by a public rule adopted under K.C.C. 20.44.075 shall not be consolidated with the administrative appeal on the merits of the decision. If a Type 3 or 4 land use decision is appealed to the county council as provided in K.C.C. 2024.210E or D, the appeal of the recommendation or decision of the examiner to condition or deny the proposal pursuant to RCW 43.21 C.060 shall be made to the council, which shall make a final decision. D. Notwithstanding of subsections A through C of this section, a department may adopt procedures under which an administrative appeal shall not be provided if the director of that department 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 RCW43.21C.075 and applicable regulations, in connection with an appeal of the underlying governmental action. (Ord. 14449 § 8, 2002: Ord. 13573 § 4, 1999: Ord. 13131 § 6, 1998: Ord. 12196 § 52, 1996: Ord. 11961 § 4, 1995: Ord. 8998 § 4, 1989: Ord. 6949 § 14, 1984). (King County 6-2006) COUNTY ENVIRONMENTAL PROCEDURES 20.44,130 - 20.44.145 20.44.130 Department procedural rules. A. County departments which administer activities subject to SEPA may prepare rules and regulations pursuant to K.C.C. chapter 2.98 for the implementation of SEPA. WAC chapter 197-11 and this chapter. B. The rules and regulations prepared by the department of development and environmental services, which exercises initial jurisdiction over a private proposal, shall not become effective until approved by the council by motion. (Ord. 14498 § 26, 2002: Ord. 6949 § 15, 1984). 20.44.140 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 8998 § 7, 1989: Ord. 6949 § 19, 1984). 20-101 20.44.145 Effective date. K.C.C. 20.44.030, .060, .120, .140 and .145 of this chapter shall become effective 10 days after enactment. K.C.C. 20.44.050 and K.G.G. 4.16,080 shall become effective January 1, 1990. Draft rules developed to implement this chapter shall be transmitted to the county council by September 15, 1989 for review and approval prior to filing with the clerk of the council. Subsequent modifications or amendments of the rules shall be in accordance with K.C.C. 2.98. (Ord. 8998 § 6, 1989). BLANK 20-102 (King County 6-2006) AGRICULTURE LANDS POLICY Chapter 20.54 AGRICULTURAL LANDS POLICY* Sections: 20.54.010 Findings and declaration of purpose. 20.54.020 Application of county policies. 20.54.030 King County agricultural districts and agricultural lands of county significance. 20.54.040 Designation of King County agricultural districts. 20.54.050 Application of policies for lands located within King County agricultural districts. 20.54,060 Designation of agricultural lands of county significance. 20.54.070 Application of policies concerning agricultural lands of county significance. 20-103 20.54 20.54.080 Exemptions from Section 20.54.070 provisions. 20.54.090 Variances, 20.54.100 Review and appeals. 20.54.110 Amendments to designations of King County agricultural districts or agricultural lands of county significance. 20.54.120 Development of agricultural protection program. 20.54.130 Duration. 20.54.140 Severability. *For Sewerage General Plan Policy, See K_C.C. 20.12.160. BLANK 20---104 (King County 6-2006) AGRICULTURE LANDS POLICY 20,54.010 20.54.010 Findings and declaration of purpose. A. The council finds that: 1. King County presently contains approximately fifty-five thousand acres of land which are being actively farmed. 2. King County's land in active agricultural use has declined by an average of three thousand five hundred acres per year since 1945. 3. The existence of agricultural lands in an urban county such as King County also provides citizens of King County opportunities to pursue livelihoods dependent upon this specialized land resource. 20-105 4. The existence of land in agricultural uses in an urban county such as King County provides unique open space and educational benefits and contributes to the quality of the life enjoyed by the citizens of the county. 5. King County's agricultural lands are a unique land resource which serve as an essential factor contributing to the viability of the agricultural industry in King County as well as provide open space benefits for the citizens of the county. 6. The continued viability of agriculture in King County is dependent upon combined agricultural land protection programs and agricultural support programs. 7. For certain areas within King County, an agricultural land protection program based upon both land -use regulations and compensation to property owners is the most effective means of protecting existing agricultural lands and private property rights. 8. The council declares that the purpose of this chapter is to protect specific agricultural lands in unincorporated King County by applying the open space and development policies of the King County comprehensive plan. B. The council further finds that: 1. The policies of the King County comprehensive plan support the protection of existing agricultural lands in King County. C. The council further finds, based upon a study completed by King County, that: 1. The input, market, and production sectors of the agricultural industry in King County currently provide approximately six thousand two hundred full-time jobs, one thousand four hundred part-time jobs, and seventeen thousand seasonal jobs annually, 2. The production sector of the agricultural industry in King County currently provides gross receipts in excess of forty million dollars annually. 3. Sewer and water local improvement district assessments on agricultural land are frequently detrimental to the operation of farms in King County. 4. There is a limited amount of land which is well -suited for horticultural or livestock -related agricultural uses and this land suitability is determined by specific factors which include, but are not limited to, soil capability, parcel size and the level of utility assessments. 5. More than sixty-five percent of Class II and Class III agricultural capability soils, approximately ninety percent of the lands in King County which are under the State Current Use Taxation Program, and approximately eighty percent of the lands currently in active farming, are located in four specific areas of the county: Snoqualmie Vail eylPatterson Creek, Sammamish Valley/Bear Creek, Lower Green River Valley, and the Enumclaw Plateau/Green Valley. 6. Horticultural farming is the primary type of agricultural activity in the Sammamish Valley/Bear Creek area and the Lower Green River Valley area and viable horticultural farm operations in these areas utilize land parcels which have an average size of approximately ten acres. Livestock operations are the primary type of agricultural activity in the Snoqualmie Valley/Patterson Creek area and the Enumclaw/Green Valley area and viable livestock operations in these areas utilize land parcels which are forty acres or larger. 7. King County contains sufficient land to accommodate existing and projected commercial, residential and industrial development as well as to maintain existing agricultural land uses. In 1990, if all undeveloped land containing Class II and Class III soils remains undeveloped and urban development occurs at currently projected rates, more than one hundred forty-five thousand acres of land zoned for urban uses will remain available for development. (Ord. 7178 § 21, 1985: Ord. 3064 § 1, 1977). (King County 6-2006) 20.54.020 - 20.54,050 PLANNING 20.54.020 Application of county policies, All agricultural lands in unincorporated King County both within and outside of King County agricultural districts shall continue to be subject to the existing agricultural, open space, and other comprehensive plan policies of King County. (Ord. 3064 § 2, 1977). 20.54.030 King County agricultural districts and agricultural lands of county significance. A. Agricultural districts and agricultural lands of county significance may be established as focal areas for county agricultural programs. 20-106 B. Areas of the county which contain prime agricultural soils, land being farmed, and lands under the Current Use Taxation Program may be designated by the council as agricultural districts; and in addition, specific lands within these districts which meet the criteria set forth in Attachment F*, and commercial food producing horticultural farm lands may be designated as agricultural lands of county significance. (Ord. 3870 § 1, 1978: Ord. 3064 § 3, 1977). 20.54.040 Designation of King County agricultural districts. Based on the findings set forth in this chapter, the following seven areas defined by the agricultural district boundaries shown in Attachments A-E are designated King County agricultural districts: the Snoqualmie Valley/Patterson Creek agricultural district, the Upper Snoqualmie agricultural district, the Sammamish Valley/Bear Creek agricultural district, the Lower Green River Valley agricultural district, the Upper Green River Valley agricultural district, the Enumclaw Plateau agricultural district, and the Vashon Island agricultural district. These districts shall be made subject to the provisions of Section 20.54.050, provided that: A. The specific boundaries of the Upper Snoqualmie agricultural district and the application of guidelines set forth in Section 20.54.050 shall coincide with the boundaries of the mediated comprehensive plan for flood damage reduction and land use within the Snohomish River basin, Should this plan be adopted, lands between North Bend and Snoqualmie receiving one -hundred -year -flood protection will be reconsidered without prejudice as part of the comprehensive land use plan required under the mediated agreement. B. The legislative body of a city or town encompassed fully or in part by an agricultural district may be included only if a joint interlocal agreement is initiated and consummated by the city or town with King County. C. For all lands designated as agricultural districts under the provisions of this section but not designated as agricultural lands of county significance under Section 20.54.060, the enactment of the Ordinance codified in this chapter shall not affect allowed uses as presently zoned. (Ord. 3326, 1977: Ord. 3064 § 4, 1977). 20.54.050 Application of policies for lands located within King County agricultural districts. A. King County shall review rezone, subdivision, planned unit development, and other permit applications for private projects located in unincorporated area of the district to ensure that to the fullest extent possible the agricultural potential of the district will not be adversely affected. B. King County shall review those projects proposed by other governmental agencies which are normally reviewed by the county to ensure that, to the fullest extent possible, the agricultural potential of the district will not be adversely affected. C. King County shall approve those connections to sewer interceptors normally reviewed by the county only when such action shall not adversely affect the agricultural potential of the district. D. All public projects and programs initiated and/or sponsored by King County which are located within an agricultural district shall, to the fullest extent possible. not adversely affect the agricultural potential of the district. (Ord. 3064 § 5, 1977). *Available in the office of the clerk of the council. (King County 6-2006) AGRICULTURE LANDS POLICY 20,54.060 - 20.54.070 20.54.060 Designation of agricultural lands of county significance. A. Based on the findings set forth herein and the criteria set forth in Attachment F', the agricultural lands of unincorporated King County which are so identified in Attachments A through D* are designated as agricultural lands of county significance and shall be made subject to the provisions of Section 20.54.070, provided that: 1. The partial designation of an undivided parcel of land under a single ownership shall not be effective until determined by the council in accordance with the provisions of Section 20.54.100 A. 20-107 2, Where designation is appealed in accordance with Section 20.54.100 C., the designation shall not be effective until a final determination has been made by the council. B. Based on the findings set forth herein, all lands in unincorporated and incorporated King County with commercial, food producing horticultural farm operation, which lands are not served by an existing installed public sewer facility, are designated as agricultural lands of county significance. The term "food producing horticultural," as used in the Ordinance codified in this section, means the soil -dependent cultivation of plants for food, including vegetables, small fruits, large fruits, cereal grains and silage com. (Ord. 3870 § 1, 1978: Ord. 3064 § 6, 1977). 20.54.070 Application of policies concerning agricultural lands of county significance. A. King County shall not approve rezone applications for more intensive use classifications for any of the agricultural lands of county significance shown on Attachments A through D*. B. King County shall not approve any subdivisions into parcels of less than ten acres for any of the agricultural lands of county significance identified on Attachment B*, representing lands in the Sarnmamish Valley/Bear Creek agricultural district; or Attachment C*, representing lands in the Lower Green River Valley agricultural district, except when it is determined that any parcel created by the subdivision which is less than ten acres will be consolidated with adjacent agricultural operations into agricultural land parcels of at least ten acres. C. King County shall not approve any subdivision into parcels of less than forty acres or a fractional one -sixteenth part of a section for any of the agricultural lands of county significance identified on Attachment A*, representing lands in the Snoqualmie Valley/Patterson Creek agricultural district, and those lands identified on Attachment D*, representing lands within the Upper Green River Valley agricultural district, except when it is determined that any parcel created by the subdivision which is less than forty acres or a fractional one -sixteenth part of a section will be consolidated with adjacent agricultural operations into agricultural land parcels of at least forty acres. D. King County shall not approve any subdivisions into parcels of less than ten acres for any of the agricultural lands of county significance identified on Attachment D*, representing lands in the Enumclaw Plateau agricultural district except when it is determined that any parcel created by the subdivision which is less than ten acres will be consolidated with adjacent agricultural operations into agricultural land parcels of at least ten acres; provided, that further consideration shall be given to this guideline and revision made as a part of the agricultural land and support programs developed in accordance with Attachment F* in order to provide a zoning classification that distinguishes large commercial dairy farms from other livestock or small "hobby farm" operations. E. It shall be the policy of King County to find that any extension of boundaries by a governmental unit to include any of the agricultural lands of county significance identified on Attachments A through D� is in the public interest or for the public welfare only when the comprehensive plan or zoning for the area proposed for annexation is consistent with the provisions of this chapter. F. King County shall not approve or support application for sewer or water district franchises or extension services by a governmental agency which include any portion of the lands designated on Attachments A through D* as agricultural lands of county significance except when such action is consistent with the provisions of this chapter and benefits agricultural activities on these designated lands. G. The provisions of this section apply to subdivision, rezone, variance, or other development permit applications submitted after the effective date of the Ordinance codified in this chapter. (Ord. 3110 § 2, 1977: Ord. 3064 § 7, 1977). *Available at the office of the clerk of the council. 20.54.080 - 20.54.100 (King County 6-2006) PLANNING 20.54.080 Exemptions from Section 20.54.070 provisions. The following shall be exempt from the provisions of Section 20.54,070: A. A division of land to allow a landowner retiring from commercial agricultural operations to continue to retain and occupy the farm residence and accessory buildings; provided, that the owner has resided on the property for at least five years prior to such division, and further provided, that said landowner must be at least sixty-two years of age or older at the time of filing or retired by reason of physical disability; 20--108 B. A division of land to allow for an additional single-family dwelling to be occupied by members of the owner's family who are engaged in the farm operations; provided, that all land not occupied by the dwelling and accessory buildings shall be retained in agricultural use; C. A division of land to provide sites for public utility facilities or communication and transmission towers and appurtenances; D. Any parcel of land where the size of the entire parcel under single ownership is less than ten acres, and the land is not zoned either A or RA. (Ord. 11620 § 10, 1994: Ord. 3064 § 8, 1977). 20.54.090 Variances. A. A variance from the provisions of Section 20.54.070 of this chapter may be granted by the King County council where the applicant owner of agricultural land of county significance can demonstrate the following: 1. That if he complies with the provisions of Section 20.54.070 he cannot make any reasonable use of this property; and 2. That the hardship results from the application of the provisions of Section 20.54.070, and not from other causes; and 3. That the variance granted will be in harmony with the general purposes and intent of this chapter and that the public welfare and interest will be protected. B. Variance applications shall be made to the Office of Agriculture and shall be heard by the zoning and subdivision examiner in accordance with the procedures in Chapter 20.24. (Ord. 3064 § 9, 1977). 20.54.100 Review and appeals. A. For any rezone or subdivision application in which the subject property is an undivided parcel of land under a single ownership and is partially designated as agricultural land of county significance under Section 20.54.060, the King County hearing examiner shall determine the applicability of the provisions of Section 20.54.070. B. Nothing in this chapter shall replace the procedures .for the application, review and appeal of zoning reclassifications pursuant to Chapters 21A.40, 21A.42 and 20.24, or the application, review and appeal of subdivision applications pursuant to Title 19 and Chapter 20.24. C. Owners of land designated as agricultural land of county significance may appeal to the King County council for the purpose of contesting the appropriateness of the designation based on the criteria for designation described in Section 20.54.060. Such appeals shall be submitted in writing to the King County office of agriculture and shall be heard by the hearing examiner in accordance with the procedures in Chapter 20.24, and shall be commenced within one hundred twenty days of the effective date of any ordinance approving such designation. Appeals involving uncontested facts shall be submitted directly to the council for action by the office of agriculture. D. Owners of land designated as part of a King County agricultural district may appeal to the King County council for the purpose of contesting the appropriateness of the designation. Such appeals shall be submitted in writing to the King County office of agriculture and shall be heard by the King County council and shall be commenced within one hundred twenty days of the effective date of any ordinance approving such designation. (Ord. 11620 § 11, 1994: Ord. 3870 § 3, 1978: Ord. 3064 § 10, 1977). (King County 6-2006) AGRICULTURE LANDS POLICY 20.54.110 - 20.54.140 20,54.110 Amendments to designations of King County agricultural districts or agricultural lands of county significance. A. Applications to amend boundaries of King County agricultural districts and agricultural lands of county significance to include lands not so designated by this chapter shall be made to the office of agriculture in writing with such supporting evidence as required by the office of agriculture. Boundaries of 20--109 agricultural districts or agricultural lands of county significance may be amended where lands are found to meet the criteria for designation contained in this chapter. B. All applications to revise the boundaries of King County agricultural districts shall be heard directly by the King County council. C. All applications to revise the boundaries of agricultural lands of county significance shall be heard by the zoning and subdivision examiner in accordance with the procedures in King County Code Chapter 20.24. D. For applications to revise the boundaries of agricultural lands of county significance, the hearing examiner may consider special exceptions to the criteria set forth in Attachment F" and to the procedures set forth in King County Code Chapter 20.24 for those lands producing horticultural crops which the producer sells directly to the public through public markets, u-pick operations, and roadside stands. (Ord. 3064 § 11, 1977). 20.54.120 Development of agricultural protection program. A. Agricultural land programs, and information for the purchase and trade of certain agricultural lands and other agricultural support programs, shall be developed in conjunction with agricultural district advisory committees as set forth in Ordinance 3074, and presented to the council by the King County office of agriculture as specified in Attachment G", which is incorporated by reference. The council intends that these programs shall be, to the fullest extent possible, implemented on a voluntary basis, based on the expressed interest of affected property owners. B. The following criteria shall be considered in the development of priorities for the agricultural land program: 1. The criteria set forth on Attachment Fi , 2_ Farmer -owned and operated agricultural land; 3. Farming activity on lands since 1970; 4. hands producing horticultural crops which are sold directly by the producer to the public through public markets, u-pick operations, or roadside stands; and 5. Lands zoned in the agricultural zoning classifications. (Ord. 3064 § 12, 1977). 20.54.130 Duration. Continued application of the provisions of Section 20.54.070 beyond eighteen months from the effective date of the ordinance codified in this chapter shall require further council action by ordinance. Extension of the provisions of Section 20.54.070 or comparable provisions beyond such period shall not occur unless the agricultural land and support programs as set forth in Attachment G` have been developed and approved by the council and the funding for such programs has been approved. (Ord. 3064 § 13, 1977). 20.54.140 Severability. If any provision of this chapter or its application to any person or property is held invalid, the remainder of the chapter or the application of the provisions to other persons or circumstances shall not be affected. (Ord. 3064 § 14, 1977). "Available in the office of the clerk of the council. BLANK 20-110 (King County 6-2006) PROTECTION AND PRESERVATION OF LANDMARKS, LANDMARK SITES AND DISTRICTS Chapter 20.62 PROTECTION AND PRESERVATION OF LANDMARKS, LANDMARK SITES AND DISTRICTS 20-111 20.62 Sections: 20.62.010 Findings and declaration of purpose. 20.62.020 Definitions. 20.62,030 Landmarks commission created - membership and organization. 20.62.040 Designation criteria. 20.62.050 Nomination procedure. 20.62.070 Designation procedure. 20.62.080 Certificate of appropriateness procedure. 20.62.100 Evaluation of economic impact. 20.62.110 Appeal procedure. 20,62.120 Funding. 20.62.130 Penalty for violation of Section 20.62.080. 20.62.140 Special valuation for historic properties. 20.62.150 Historic Resources - review process. 20.62.160 Administrative rules. 20.62.200 Severability. BLANK 20-112 (King County 6-2006) PROTECTION AND PRESERVATION OF LANDMARKS, LANDMARK SITES AND DISTRICTS 20.62.010 20.62.010 Findings and declaration of purpose. The King County council finds that: A. The protection, enhancement, perpetuation and use of buildings, sites, districts, structures and objects of historical, cultural, architectural, engineering, geographic, ethnic and archaeoiogical significance located in King County, and the collection, preservation, exhibition and interpretation of historic and 20--113 prehistoric materials, artifacts, records and information pertaining to historic preservation and archaeological resource management are necessary in the interest of the prosperity, civic pride and general welfare of the people of King County. [3. Such cultural and historic resources are a significant part of the heritage, education and economic base of King County, and the economic, cultural and aesthetic well-being of the county cannot be maintained or enhanced by disregarding its heritage and by allowing the unnecessary destruction or defacement of such resources. C. Present heritage and preservation programs and activities are inadequate for insuring present and future generations of King County residents and visitors a genuine opportunity to appreciate and enjoy our heritage. D. The purposes of this chapter are to: 1. Designate, preserve, protect, enhance and perpetuate those sites, buildings, districts, structures and objects which reflect significant elements of the county's, state's and nation's cultural, aesthetic, social, economic, political, architectural, ethnic, archaeological, engineering, historic and other heritage; 2. Foster civic pride in the beauty and accomplishments of the past; 3. Stabilize and improve the economic values and vitality of landmarks; 4. Protect and enhance the county's tourist industry by promoting heritage -related tourism; 5. Promote the continued use, exhibition and interpretation of significant historical or archaeological sites, districts, buildings, structures, objects, artifacts, materials and records for the education, inspiration and welfare of the people of King County; 6. Promote and continue incentives for ownership and utilization of landmarks; 7. Assist, encourage and provide incentives to public and private owners for preservation, restoration, rehabilitation and use of landmark buildings, sites, districts, structures and objects; 8. Assist, encourage and provide technical assistance to public agencies, public and private museums, archives and historic preservation associations and other organizations involved in historic preservation and archaeological resource management; and 9. Work cooperatively with all local jurisdictions to identify, evaluate, and protect historic resources in furtherance of the purposes of this chapter. (Ord. 14482 § 68, 2002: Ord. 10474 § 1, 1992: Ord. 4828 § 1, 1980). (King County 6-2006) 20.62.020 PLANNING 20.62.020 Definitions. The following words and terms shall, when used in this chapter, be defined as follows unless a different meaning clearly appears from the context. - A. "Alteration" is any construction, demolition, removal, modification, excavation, restoration or remodeling of a landmark. 20-114 B. 'Building" is a structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure. Building may refer to an historically related complex. such as a courthouse and jail or a house and barn. C. "Certificate of appropriateness" is written authorization issued by the commission or its designee permitting an alteration to a significant feature of a designated landmark. D. "Commission" is the landmarks commission created by this chapter. E. "Community landmark" is an historic resource which has been designated pursuant to K.G.C. 20.62.040 but which may be aitered or changed without application for or approval of a certificate of appropriateness. F. "Designation" is the act of the commission determining that an historic resource meets the criteria established by this chapter. G. "Designation report" is a report issued by the commission after a public hearing setting forth its determination to designate a landmark and specifying the significant feature or features thereof. H. "Director" is the director of the King County department of development and environmental services or his or her designee. I. "District" is a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history. J. "Heritage" is a discipline relating to historic preservation and archaeology, history, ethnic history, traditional cultures and folklore- K. "Historic preservation officer" is the King County historic preservation officer or his or her designee. L. "Historic resource" is a district, site, building, structure or object significant in national, state or local history, architecture, archaeology, and culture. M. "Historic resource inventory" is an organized compilation of information on historic resources considered to be significant according to the criteria listed in K.C.C. 20.62.040A. The historic resource inventory is kept on file by the historic preservation officer and is updated from time to time to include newly eligible resources and to reflect changes to resources. N. "Incentives" are such compensation, rights or privileges or combination thereof, which the council, or other local, state or federal public body or agency, by virtue of applicable present or future legislation, may be authorized to grant to or obtain for the owner or owners of designated landmarks, Examples of economic incentives include but are not limited to tax relief, conditional use permits, rezoning, street vacation, planned unit development, transfer of development rights, facade easements, gifts, preferential leasing policies, private or public grants-in-aid, beneficial placement of public improvements, or amenities, or the like. 0, "Interested person of record" is any individual, corporation, partnership or association which notifies the commission or the council in writing of its interest in any matter before the commission. P. "Landmark" is an historic resource designated as a landmark pursuant to K.C.C. 20,62.060. 0. "Nomination" is a proposal that an historic resource be designated a landmark. R. "Object' is a material thing of functional, aesthetic, cultural, historical, or scientific value that may be, by nature or design, movable yet related to a specific setting or environment. S. "Owner is a person having a fee simple interest, a substantial beneficial interest of record or a substantial beneficial interest known to the commission in an historic resource Where the owner is a public agency or government, that agency shall specify the person or persons to receive notices under this chapter. (King County 6-2006) PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.020 - 20.62.030 LANDMARK SITES AND DISTRICTS T. "Person" is any individual, partnership, corporation, group or association. 20-115 U. "Person in charge" is the person or persons in possession of a landmark including, but not limited to, a mortgagee or vendee in possession, an assignee of rents, a receiver, executor, trustee, lessee, tenant, agent, or any other person directly or indirectly in control of the landmark. V. "Preliminary determination" is a decision of the commission determining that an historic resource which has been nominated for designation is of significant value and is likely to satisfy the criteria for designation. W. "Significant feature" is any element of a landmark which the commission has designated pursuant to this chapter as of importance to the historic, architectural or archaeological value of the landmark. X. "Site" is the location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined, or vanished, where the location itself maintains an historical or archaeological value regardless of the value of any existing structures. Y. "Structure" is any functional construction made usually for purposes other than creating human shelter. (Ord. 14482 69, 2002: Ord. 11620 § 13, 1994: Ord. 10474 § 2, 1992: Ord. 4828 § 2, 1980). 20.62.030 Landmarks commission created - membership and organization. A. There is created the King County landmarks commission which shall consist of nine regular members and special members selected as follows: 1. Of the nine regular members of the commission at least three shall be professionals who have experience in identification, evaluation, and protection of historic resources and have been selected from among the fields of history, architecture, architectural history, historic preservation, planning, cultural anthropology, archaeology, cultural geography, landscape architecture, American studies, law, or other historic preservation related disciplines. The nine regular members of the commission shall be appointed by the county executive, subject to confirmation by the council, provided that no more than four members shall reside within any one municipal jurisdiction. All regular members shall have a demonstrated interest and competence in historic preservation. 2. The county executive may solicit nominations for persons to serve as regular members of the commission from the Association of King County Historical Organizations, the American Institute of Architects (Seattle Chapter), the Seattle King County Bar Association, the Seattle Master Builders, the chambers of commerce, and other professional and civic organizations familiar with historic preservation. 3. One special member shall be appointed from each municipality within King County which has entered into an interlocal agreement with King County providing for the designation by the commission of landmarks within such municipality in accordance with the terms of such interlocal agreement and this chapter. Each such appointment shall be in accordance with the enabling ordinance adopted by such municipality. B. Appointments of regular members, except as provided in subsection C of this section, shall be made for a three-year term. Each regular member shall serve until his or her successor is duly appointed and confirmed. Appointments shall be effective on .tune 1st of each year. In the event of a vacancy, an appointment shall be made to fill the vacancy in the same manner and with the same qualifications as if at the beginning of the term, and the person appointed to fill the vacancy shall hold the position for the remainder of the unexpired term. Any member may be reappointed, but may not serve more than two consecutive three-year terms. A member shall be deemed to have served one full term if such member resigns at any time after appointment or if such member serves more than two years of an unexpired term. The members of the commission shall serve without compensation except for out-of-pocket expenses incurred in connection with commission meetings or programs. C. After May 4, 1992, the term of office of members becomes effective on the date the council confirms the appointment of commission members and the county executive shah appoint or reappoint three members for a three-year term, three members for a two-year term, and three members for a one-year term. For purposes of the limitation on consecutive terms in subsection B of this section an appointment for a one -or a two-year term shall be deemed an appointment for an unexpired term_ 20.62.030 20-116 (King County 6-2006) PLANNING D. The chair shall be a member of the commission and shall be elected annually by the regular commission members. The commission shall adopt, in accordance with K.C.C. chapter 2.98, rules and regulations, including procedures, consistent with this chapter. The members of the commission shall be governed by the King County code of ethics, K.C.C. chapter. 3.04. The commission shall not conduct any public hearing required under this chapter until rules and regulations have been filed as required by K.C.C, chapter 2.98. E. A special member of the commission shall be a voting member solely on matters before the commission involving the designation of landmarks within the municipality from which such special member was appointed. F. A majority of the current appointed and confirmed members of the commission shall constitute a quorum for the transaction of business. A special member shall count as part of a quorum for the vote on any matter involving the designation or control of landmarks within the municipality from which such special member was appointed. All official actions of the commission shall require a majority vote of the members present and eligible to vote on the action voted upon. No member shall be eligible to vote upon any matter required by this chapter to be determined after a hearing unless that member has attended the hearing or familiarized him or herself with the record. G. The commission may from time to time establish one or more committees to further the policies of the commission, each with such powers as may be lawfully delegated to it by the commission. H. The county executive shall provide staff support to the commission and shall assign a professionally qualified county employee to serve as a full-time historic preservation officer. Under the direction of the commission, the historic preservation officer shall be the custodian of the commission's records. The historic preservation officer or his or her designee shall conduct official correspondence, assist in organizing the commission and organize and supervise the commission staff and the clerical and technical work of the commission to the extent required to administer this chapter. 1. The commission shall meet at least once each month for the purpose of considering and holding public hearings on nominations for designation and applications for certificates of appropriateness. Where no business is scheduled to come before the commission seven days before the scheduled monthly meeting, the chair of the commission may cancel the meeting. All meetings of the commission shall be open to the public. The commission shall keep minutes of its proceedings, showing the action of the commission upon each question, and shall keep records of ail official actions taken by it, all of which shall be fled in the office of the historic preservation officer and shall be public records. J. At all hearings before and meetings of the commission, all oral proceedings shall be electronically recorded. The proceedings may also be recorded by a court reporter if any interested person at his or her expense shall provide a court reporter for that purpose. A tape recorded copy of the electronic record of any hearing or part of a hearing shall be furnished to any person upon request and payment of the reasonable expense of the copy. K. The commission is authorized, subject to the availability of funds for that purpose, to expend moneys to compensate experts, in whole or in part, to provide technical assistance to property owners in connection with requests for certificates of appropriateness upon a showing by the property owner that the need for the technical assistance imposes an unreasonable financial hardship on the property owner. L. Commission records, maps or other information identifying the location of archaeological sites and potential sites shall be exempt from public disclosure as specified in RCW 42.17.310 in order to avoid looting and depredation of the sites. (Ord. 14482 § 70, 2002: Ord. 10474 § 3, 1992: Ord. 10371 § 1, 1992: Ord_ 4828 § 3, 1980). (King County 6-2006) PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.040 LANDMARK SITES AND DISTRICTS 20-117 20.62.040 Designation criteria. A. An historic resource may be designated as a King County landmark if it is more than forty years old or, in the case of a landmark district, contains resources that are more than forty years old, and possesses integrity of location, design, setting, materials, workmanship, feeling and association, and: 1. is associated with events that have made a significant contribution to the broad patterns of national, state or local history; or 2. Is associated with the lives of persons significant in national, state or local history, or 3. Embodies the distinctive characteristics of a type, period, style or method of design or construction, or that represents a significant and distinguishable entity whose components may lack individual distinction; or 4. Has yielded or may be likely to yield, information important in prehistory or history; or 5. Is an outstanding work of a designer or builder who has made a substantial contribution to the art. B. An historic resource may be designated a community landmark because it is an easily identifiable visual feature of a neighborhood or the county and contributes to the distinctive quality or identity of such neighborhood or county or because of its association with significant historical events or historic themes, association with important or prominent persons in the community or county, or recognition by local citizens for substantial contribution to the neighborhood or community. An improvement or site qualifying for designation solely by virtue of satisfying criteria set out in this section shall be designated a community landmark and shall not be subject to the provisions of 20.62.080. C. Cemeteries, birthplaces, or graves of historical figures, properties owned by religious institutions or used for religious purposes, structures that have been moved from their original locations, reconstructed historic buildings, properties primarily commemorative in nature, and properties that have achieved significance within the past forty years shall not be considered eligible for designation. However, such a property shall be eligible for designation if they are: 1. An integral part of districts that meet the criteria set out in 20.62.040A or if it is: 2. A religious property deriving primary significance from architectural or artistic distinction or historical importance; or 3. A building or structure removed from its original location but which is significant primarily for its architectural value, or which is the surviving structure most importantly associated with a historic person or event; or 4. A birthplace, grave or residence of a historical figure of outstanding importance if there is no other appropriate site or building directly associated with his or her productive life; or 5. A cemetery that derives its primary significance from graves of persons of transcendent importance, from age, from distinctive design features, or from association with historic events; or 6. A reconstructed building when accurately executed in a suitable environment and presented in a dignified manner or as part of a restoration master plan, and when no other building or structure with the same association has survived; or 7. A property commemorative in intent if design, age, tradition, or symbolic value has invested it with its own historical significance; or 8. A property achieving significance within the past forty years if it is of exceptional importance. (Ord. 10474 § 4, 1992: Ord. 4828 § 4, 1980). 20.62,050 20-118 (King County 6-2006) PLANNING 20.62.050 Nomination procedure. A. Any person, including the historic preservation officer and any member of the commission, may nominate an historic resource for designation as a landmark or community landmark. The procedures set forth in Sections 20.62.050 and 20.62.080 may be used to amend existing designations or to terminate an existing designation based on changes which affect the applicability of the criteria for designation set forth in Section 20.62.040. The nomination or designation of an historic resource as a landmark shall constitute nomination or designation of the land which is occupied by the historic resource unless the nomination provides otherwise. Nominations shall be made on official nomination forms provided by the historic preservation officer, shall be filed with the historic preservation officer, and shall include all data required by the commission. B. Upon receipt by the historic preservation officer of any nomination for designation, the officer shall review the nomination, consult with the person or persons submitting the nomination, and the owner, and prepare any amendments to or additional information on the nomination deemed necessary by the officer. The historic preservation officer may refuse to accept any nomination for which inadequate information is provided by the person or persons submitting the nomination. It is the responsibility of the person or persons submitting the nomination to perform such research as is necessary for consideration by the commission. The historic preservation officer may assume responsibility for gathering the required information or appoint an expert or experts to carry out this research in the interest of expediting the consideration. C. When the historic preservation officer is satisfied that the nomination contains sufficient information and complies with the commission's regulations for nomination, the officer shall give notice in writing, certified mail/return receipt requested, to the owner of the property or object, to the person submitting the nomination and interested persons of record that a preliminary or a designation determination on the nomination will be made by the commission. The notice shall include: 1. The date, time, and place of hearing; 2. The address and description of the historic resource and the boundaries of the nominated resource; 3. A statement that, upon a designation or upon a preliminary determination of significance, the certificate of appropriateness procedure set out in Section 20.62.080 will apply; 4. A statement that, upon a designation or a preliminary determination of significance, no significant feature may be changed without first obtaining a certificate of appropriateness from the commission, whether or not a building or other permit is required. A copy of the provisions of Section 20.62.080 shall be included with the notice; 5. A statement that all proceedings to review the action of the commission at the hearing on a preliminary determination or a designation will be based on the record made at such hearing and that no further right to present evidence on the issue of preliminary determination or designation is afforded pursuant to this chapter. D. The historic preservation officer shall, after mailing the notice required herein, refer the nomination and all supporting information to the commission for consideration on the date specified in the notice. No nomination shall be considered by the commission less than thirty nor more than forty five calendar days after notice setting the hearing date has been mailed except where the historic preservation officer or members of the commission have reason to believe that immediate action is necessary to prevent destruction, demolition or defacing of an historic resource, in which case the notice setting the hearing shall so state. (Ord. 10474 § 5, 1992: Ord. 4828 § 5, 1980)_ (King County 6-2006) PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.070 20-119 LANDMARK SITES AND DISTRICTS 20.62.070 Designation procedure. A. The commission may approve, deny, amend or terminate the designation of a historic resource as a landmark or community landmark only after a public hearing. At the designation hearing the commission shall receive evidence and hear argument only on the issues of whether the historic resource meets the criteria for designation of landmarks or community landmarks as specified in K.C.C. 20.62.040 and merits designation as a landmark or community landmark; and the significant features of the landmark. The hearing may be continued from time to time at the discretion of the commission_ If the hearing is continued, the commission may make a preliminary determination of significance if the commission determines, based on the record before it that the historic resource is of significant value and likely to satisfy the criteria for designation in K.C.C. 20.62,040. The preliminary determination shall be effective as of the date of the public hearing at which it is made. Where the commission makes a preliminary determination it shall specify the boundaries of the nominated resource, the significant features thereof and such other description of the historic resource as it deems appropriate. Within five working days after the commission has made a preliminary determination, the historic preservation officer shall file a written notice of the action with the director and mail copies of the notice, certified mail, return receipt requested, to the owner, the person submitting the nomination and interested persons of record. The notice shall include: 1. A copy of the commission's preliminary determination; and 2. A statement that while proceedings pursuant to this chapter are pending, or six months from the date of the notice, whichever is shorter, and thereafter if the designation is approved by the commission, the certificate of appropriateness procedures in K.C.C. 20.62.080, a copy of which shall be enclosed, shall apply to the described historic resource whether or not a building or other permit is required. The decision of the commission shall be made after the close of the public hearing or at the next regularly scheduled public meeting of the commission thereafter. B. Whenever the commission approves the designation of a historic resource under consideration for designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the decision is made, issue a written designation report, which shall include: 1_ The boundaries of the nominated resource and such other description of the resource sufficient to identify its ownership and location; 2. The significant features and such other information concerning the historic resource as the commission deems appropriate; 3. Findings of fact and reasons supporting the designation with specific reference to the criteria for designation in K.C.C. 20.62.040; and 4. A statement that no significant feature may be changed, whether or not a building or other permit is required, without first obtaining a certificate of appropriateness from the commission in accordance with K.C.C. 20.62.080, a copy of which shall be included in the designation report. This subsection B_4. shall not apply to historic resources designated as community landmarks. C. Whenever the commission rejects the nomination of a historic resource under consideration for designation as a landmark, it shall, within fourteen calendar days of the public meeting at which the decision is made, issue a written decision including findings of fact and reasons supporting its determination that the criteria in K.C.C. 20.62.040 have not been met. If a historic resource has been nominated as a landmark and the commission designates the historic resource as a community landmark, the designation shall be treated as a rejection of the nomination for King County landmark status and the foregoing requirement for a written decision shall apply. Nothing contained herein shall prevent renominating any historic resource rejected under this subsection as a King County landmark at a future time. D. A copy of the commission's designation report or decision rejecting a nomination shall be delivered or mailed to the owner, to interested persons of record and the director within five working days after it is issued. If the commission rejects the nomination and it has made a preliminary determination of significance with respect to the nomination, it shall include in the notice to the director a statement that K.C.C. 20.62.080 no longer applies to the subject historic resources. (King County 6-2006) 20.62.070 - 20,62.080 PLANNING 20-120 E. If the commission approves, or amends a landmark designation, K.G.G. 20.62.080 shall apply as approved or amended. A copy of the commission's designation report or designation amendment shall be recorded with the records, elections and licensing services division, or its successor agency, together with a legal description of the designated resource and notification that K.C.C_ 20.62.080 and 20.62.130 apply. If the commission terminates the designation of a historic resource, K.C.C. 20.62.080 shall no longer apply to the historic resource. (Ord. 14482 § 71, 2002: Ord. 14176 § 4, 2001: Ord. 11620 § 14, 1994: Ord. 10474 § 6, 1992: Ord. 4828 § 7, 1980). 20.62.080 Certificate of appropriateness procedure. A. At any time after a designation report and notice has been filed with the director and for a period of six months after notice of a preliminary determination of significance has been mailed to the owner and filed with the director, a certificate of appropriateness must be obtained from the commission before any alterations may be made to the significant features of the landmark identified in the preliminary determination report or thereafter in the designation report. The designation report shall supersede the preliminary determination report. This requirement shall apply whether or not the proposed alteration also requires a building or other permit. The requirements of this section shall not apply to any historic resource located within incorporated cities or towns in King County, except as provided by applicable interlocal agreement. B. Ordinary repairs and maintenance which do not alter the appearance of a significant feature and do not utilize substitute materials do not require a certificate of appropriateness. Repairs to or replacement of utility systems do not require a certificate of appropriateness provided that such work does not alter an exterior significant feature. C. There shall be three types of certificates of appropriateness, as follows: 1. Type 1, for restorations and major repairs which utilize in -kind materials. 2. Type 11, for alterations in appearance, replacement of historic materials and new construction. 3. Type Ili, for demoJtion, moving and excavation of archaeological sites. In addition, the commission shall establish and adopt an appeals process concerning Type I decisions made by the historic preservation officer with respect to the applications for certificates of appropriateness. The historic preservation officer may approve Type I certificates of appropriateness administratively without public hearing, subject to procedures adopted by the commission. Alternatively the historic preservation officer may refer applications for Type I certificates of appropriateness to the commission for decision. The commission shall adopt an appeals procedure concerning Type I decisions made by the historic preservation officer. Type 11 and III certificates of appropriateness shall be decided by the commission and the following general procedures shall apply to such commission actions: 1. Application for a certificate of appropriateness shall be made by filing an application for such certificate with the historic preservation officer on forms provided by the commission. 2. If an application is made to the director for a permit for any action which affects a landmark, the director shall prompt3y refer such application to the historic preservation officer, and such application shall be deemed an application for a certificate of appropriateness if accompanied by the additional information required to apply for such certificate. The director may continue to process such permit application, but shall not issue any such permit until the time has expired for filing with the director the notice of denial of a certificate of appropriateness or a certificate of appropriateness has been issued pursuant to this chapter. 3. After the commission has commenced proceedings for the consideration of any application for a certificate of appropriateness by giving notice of a hearing pursuant to subsection 3 of this section, no other application for the same or a similar alteration may be made until such proceedings and all administrative appeals therefrom pursuant to this chapter have been concluded. (King County 6-2006) 20-121 PROTECTION AND PRESERVATION OF LANDMARKS, 20,62.080 - 20.62.100 LANDMARK SITES AND DISTRICTS 4. Within forty five calendar days after the filing of an application for a certificate of appropriateness with the commission or the referral of an application to the commission by the director except those decided administratively by the historic preservation officer pursuant to subsection 2 of this section, the commission shall hold a public hearing thereon. The historic preservation officer shall mail notice of the hearing to the owner, the applicant, if the applicant is not the owner, and parties of record at the designation proceedings, not less than ten calendar days before the date of the hearing. No hearing shall be required if the commission, the owner and the applicant, if the applicant is not the owner, agree in writing to a stipulated certificate approving the requested alterations thereof. This agreement shall be ratified by the commission in a public meeting and reflected in the commission meeting minutes. If the commission grants a certificate of appropriateness, such certificate shall be issued forthwith and the historic preservation officer shall promptly file a copy of such certificate with the director. 5. If the commission denies the application for a certificate of appropriateness, in whole or in part, it shall so notify the owner, the person submitting the application and interested persons of record setting forth the reasons why approval of the application is not warranted. D. The commission shall adopt such other supplementary procedures consistent with K.C.C. 2.98 as it determines are required to carry out the intent of this section. (Ord. 11620 § 15, 1994: Ord. 10474 § 7, 1992- Ord. 4828 § 8, 1980). 20.62.100 Evaluation of economic impact. A. At the public hearing on any application for a Type it or Type III certificate of appropriateness, or Type I if referred to the commission by the historic preservation officer, the commission shall, when requested by the property owner, consider evidence of the economic impact on the owner of the denial or partial denial of a certificate. In no case may a certificate be denied, in whole or in part, when it is established that the denial or partial denial will, when available incentives are utilized, deprive the owner of a reasonable economic use of the landmark and there is no viable and reasonable alternative which would have less impact on the features of significance specified in the preliminary determination report or the designation report. B. To prove the existence of a condition of unreasonable economic return, the applicant must establish and the commission must find, both of the following: 1. The landmark is incapable of earning a reasonable economic return without making the alterations proposed. This finding shall be made by considering and the applicant shall submit to the commission evidence establishing each of the following factors: a. The current level of economic return on the landmark as considered in relation to the following: (1) The amount paid for the landmark, the date of purchase, and party from whom purchased, including a description of the relationship, if any, between the owner and the person from whom the landmark was purchased; (2) The annual gross and net income, if any, from the landmark for the previous five (5) years, - itemized operating and maintenance expenses for the previous five (5) years; and depreciation deduction and annual cash flow before and after debt service, if any, during the same period; (3) The remaining balance on any mortgage or other financing secured by the landmark and annual debt service, if any, during the prior five (5) years; (4) Real estate taxes for the previous four (4) years and assessed value of the landmark according to the two (2) most recent assessed valuations; 5) All appraisals obtained within the previous three (3) years by the owner in connection with the purchase, financing or ownership of the landmark; (6) The fair market value of the landmark immediately prior to its designation and the fair market value of the landmark (in its protected status as a designated landmark) at the time the application is filed; 7) Form of ownership or operation of the landmark, whether sole proprietorship, for profit or not - for -profit corporation, limited partnership, joint venture, or both; (8) Any state or federal income tax returns on or relating to the landmark for the past two (2) years. (King County 6-2006) 20-122 20.62.100 - 20.62.110 PLANNING b. The landmark is not marketable or able to be sold when listed for sale or lease. The sale price asked, and offers received, if any, within the previous two (2) years, including testimony and relevant documents shall be submitted by the property owner. The following also sha?I be considered: (1) Any real estate broker or firm engaged to sell or lease the landmark; (2) Reasonableness of the price or lease sought by the owner; (3) Any advertisements placed for the sale or lease of the landmark. c. The unfeasibility of alternative uses that can earn a reasonable economic return for the landmark as considered in relation to the following: (1) A report from a licensed engineer or architect with experience in historic restoration or rehabilitation as to the structural soundness of the landmark and its suitability for restoration or rehabilitation; (2) Estimates of the proposed cost of the proposed alteration and an estimate of any additional cost that would be incurred to comply with the recommendation and decision of the commission concerning the appropriateness of the proposed alteration; (3) Estimated market value of the landmark in the current condition after completion of the proposed alteration; and, in the case of proposed demolition, after renovation of the landmark for continued use; (4) In the case of proposed demolition, the testimony of an architect, developer, real estate consultant, appraiser or other real estate professional experienced in historic restoration or rehabilitation as to the economic feasibility of rehabilitation or reuse of the existing landmark; (5) The unfeasibility of new construction around, above, or below the historic resource. d. Potential economic incentives and/or funding available to the owner through federal, state, county, city or private programs. 2. The owner has the present intent and the secured financial ability, demonstrated by appropriate documentary evidence to complete the alteration. C. Notwithstanding the foregoing enumerated factors, the property owner may demonstrate other appropriate factors applicable to economic return. D. Upon reasonable notice to the owner, the commission may appoint an expert or experts to provide advice and/or testimony concerning the value of the landmark, the availability of incentives and the economic impacts of approval, denial or partial denial of a certificate of appropriateness. E. Any adverse economic impact caused intentionally or by willful neglect shall not constitute a basis for granting a certificate of appropriateness. (Ord. 10474 § 8, 1992: Ord. 4828 § 10, 1980). 20.62.110 Appeal procedure. A. Any person aggrieved by a decision of the commission designating or rejecting a nomination for designation of a landmark or issuing or denying a certificate of appropriateness may, within thirty-five calendar days of mailing of notice of such designation or rejection of nomination, or of such issuance or denial or approval of a certificate of appropriateness appeal such decision in writing to the council. The written notice of appeal shall be filed with the historic preservation officer and the clerk of the council and shall be accompanied by a statement setting forth the grounds for the appeal, supporting documents, and argument. B. If, after examination of the written appeal and the record, the council determines, that: 1. An error in fact may exist in the record, it shall remand the proceeding to the commission for reconsideration or, if the council determines that: 2. the decision of the commission is based on an error in judgment or conclusion, it may modify or reverse the decision of the commission. C. The council's decision shall be based solely upon the record, provided that, the council may at its discretion publicly request additional information of the appellant, the commission or the historic preservation officer. D. The council shall take final action on any appeal from a decision of the commission by adoption of an Ordinance, and when so doing, it shall make and enter findings of fact from the record and reasons therefrom which support its action. The council may adopt all or portions of the commission's findings and conclusions. E. The action of the council sustaining, reversing, modifying or remanding a decision of the commission shall be final unless within twenty calendar days from the date of the action an aggrieved person obtains a writ of certiorari from the superior court of King County, state of Washington, for the purpose of review of the action taken. (Ord. 10474 § 9, 1992: Ord, 4828 § 11, 1980). (King County 6-2006) 20-123 PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.120 - 20.62.140 LANDMARK SITES AND DISTRICTS 20.62.120 Funding. A. The commission shall have the power to make and administer grants of funds received by it from private sources and from local, state and federal programs for purposes of: 1. Maintaining, purchasing or restoring historic resources located within King County which it deems significant pursuant to the goals, objectives and criteria set forth in this chapter if such historic resources have been nominated or designated as landmarks pursuant to this chapter or have been designated as landmarks by municipalities within King County or by the State of Washington, or are listed on the National Historic Landmarks Register, the National Register of Historic Places; and 2. Developing and conducting programs relating to historic preservation and archaeological resource management_ The commission shall establish rules and regulations consistent with K.C.C. chapter 2.98 governing procedures for applying for and awarding of grant moneys pursuant to this section. B. The commission may, at the request of the historic preservation officer, review proposals submitted by county agencies to fund historic preservation and archaeological projects through the Housing and Community Development Act of 1974 (42 U.S.G. Secs, 5301 et seq.), the State and Local Fiscal Assistance Act of 1972 (31 U.S.G. Secs. 1221 et seq.) and other applicable local, state and federal funding programs. Upon review of such grant proposals, the commission may make recommendations to the county executive and county council concerning which proposals should be funded, the amount of the grants that should be awarded, the conditions that should be placed on the grant, and such other matters as the commission deems appropriate. The historic preservation officer shall keep the commission apprised of the status of grant proposals, deadlines for submission of proposals and the recipients of grant funds. (Ord 14482 § 72, 2002: Ord. 10474 § 10, 1992: Ord. 4828 § 12, 1980), 20.62.130 Penalty for violation of Section 20.62.080. Any person violating or failing to comply with the provisions of Section 20.62,080 of this chapter shall incur a civil penalty of up to five hundred dollars per day and each day's violation or failure to comply shall constitute a separate offense; provided, however, that no penalty shall be imposed for any violation or failure to comply which occurs during the pendency of legal proceedings filed in any court challenging the validity of the provision or provisions of this chapter, as to which such violations or failure to comply is charged. (Ord. 4828 § 13, 1980). 20.62.140 Speciaf valuation for historic properties. A_ There is hereby established and implemented a special valuation for historic properties as provided in chapter 84.26 RCW. B. The King County landmarks commission is hereby designated as the local review board for the purposes related to chapter 84.26 RCW, and is authorized to perform all functions required by chapter 84.16 RCW and chapter 254-20 WAC. C. All King County landmarks designated and protected under this chapter shall be eligible for special valuation in accordance with chapter 84.26 RCW. (Ord. 14482 § 73, 2002: Ord. 10474 § 12, 1992: Ord. 9237 §§ 1-3 , 1989). (King County 6-2006) 20-124 20.62.150 PLANNING 20.62.150 Historic Resources - review process. A. King County shall not approve any development proposal or otherwise issue any authorization to alter, demolish, or relocate any historic resource identified in the King County Historic Resource Inventory, pursuant to the requirements of this chapter. The standards contained in K.C.C. 21A.12, Development Standards - Density and Dimensions and K.C.C. 21A.16, Development Standards - Landscaping and Water Use shall be expanded, when necessary, to preserve the aesthetic, visual and historic integrity of the historic resource from the impacts of development on adjacent properties. B. Upon receipt of an application for a development proposal located on or adjacent to a historic resource listed in the King County Historic Resource Inventory, the director shall follow the following procedure: 1. The development proposal application shall be circulated to the King County historic preservation officer for comment on the impact of the project on historic resources and for recommendation on mitigation. This includes all permits for alterations to historic buildings, alteration to landscape elements, new construction on the same or abutting lots, or any other action requiring a permit which might affect the historic character of the resource. Information required for a complete permit application to be circulated to the historic preservation officer shall include: a. a vicinity map; b. a site plan showing the location of all buildings, structures, and landscape features; c. a brief description of the proposed project together with architectural drawings showing the existing condition of all buildings, structures, landscape features and any proposed alteration to them; d. photographs of all buildings, structures, or landscape features on the site; and guidelines. e. an environmental checklist, except where categorically exempt under King County SEPA 2. Upon request, the historic preservation officer shall provide information about available grant assistance and tax incentives for historic preservation. The officer may also provide the owner, developer, or other interested party with examples of comparable projects where historic resources have been restored or rehabilitated. 3. In the event of a conflict between the development proposal and preservation of an historic resource, the historic preservation officer shall: a. suggest appropriate alternatives to the owner/developer which achieve the goals of historic preservation. b. recommend approval, or approval with conditions to the director of the department of development and environmental services; or c. propose that a resource be nominated for county landmark designation according to procedures established in the landmarks preservation ordinance (K.C.C. 20.62). 4. The director may continue to process the development proposal application, but shall not issue any development permits or issue a SEPA threshold determination until receiving a recommendation from the historic preservation officer. In no event shall review of the proposal by the historic preservation officer delay permit processing beyond any period required by law. Permit applications for changes to landmark properties shall not be considered complete unless accompanied by a certificate of appropriateness pursuant to K.C.C. 20.62.080. 5. On known archaeological sites, before any disturbance of the site, including, but not limited to test boring, site clearing, construction, grading or revegetation, the State Office of Archaeology and Historic Preservation (OAHP), and the King County historic preservation officer, and appropriate Native American tribal organizations must be notified and state permits obtained, if required by law. The officer may require that a professional archaeological survey be conducted to identify site boundaries, resources and mitigation alternatives prior to any site disturbance and that a technical report be provided to the officer, OAHP and appropriate tribal organizations. The officer may approve, disapprove or require permits conditions, including professional archeological surveys, to mitigate adverse impacts to known archeological sites. (King County 6-2006) 20-125 PROTECTION AND PRESERVATION OF LANDMARKS, 20.62.150 - 20.62.200 LANDMARK SITES AND DISTRICTS C. Upon receipt of an application for a development proposal which affects a King County landmark or an historic resource that has received a preliminary determination of significance as defined by K.C.C. 20.62.020V, the application circulated to the King County historic preservation officer shall be deemed an application for a certificate of appropriateness pursuant to K.C.C. 20.62.080 if accompanied by the additional information required to apply for such certificate. (Ord. 11620 § 12, 1994). 20.62.160 Administrative rules. The director may promulgate administrative rules and regulations pursuant to K.C.C. 2.98, to implement the provisions and requirements of this chapter. (Ord. 11620 § 16, 1994). 20.62.200 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the application of the provision to other persons or circumstances is not affected. (Ord. 10474 § 14, 1992). 20-126 BLANK 20-127 (King County 6-2006) 20-128 ZONING Title 21A ZONING Chapters: 21A.01 zoning Code Adoption 21A.02 Authority, Purpose, Interpretation and Administration 21A.04 Zones, Maps and Designations 21A.06 Technical Terms and Land Use Definitions 21A.08 Permitted Uses 21A.12 Development Standards - Density and Dimensions 21A.14 Development Standards - Design Requirements 21A.16 Development Standards - Landscaping and Water Use 21A.18 Development Standards - Parking and Circulation 21A.20 Development Standards - Signs 21A.22 Development Standards - Mineral Extraction 21A.24 Critical Areas 21A.26 Development Standards - Communication Facilities 21A.28 Development Standards - Adequacy of Public Facilities and Services 21A.30 Development Standards - Animals, Home Occupation, Home Industry 21A.32 General Provisions - Nonconformance, Temporary Uses, and Re -use of Facilities 21A.34 General Provisions - Residential Density Incentives 21A.37 General Provisions - Transfer of Development Rights (TDR) 21A.38 General Provisions - Property -Specific Development Standards/ Special District Overlays 21A.39 General Provisions - Urban Planned Developments 21A.40 Application Requirements/Notice Methods 21A.41 Commercial Site Development Permits 21A.42 Review Procedures/Notice Requirements 21A.43 Impact Fees 21AA4 Decision Criteria 21A.45 Homeless Encampments 21A.50 Enforcement 21A.55 Demonstration Projects BLANK (King County 6-2005) 21A-1 ZONING CODE ADOPTION 21A.D1 MUM Chapter 21A.01 ZONING CODE ADOPTION Sections: 21 A.01.010 Adoption and transference. 21A.01.020 Zoning code adopted. 21A.01.025 Notification to Tribes. 21A.01.030 Application of the 1993 Zoning Code. 21A.01.040 Transition to new code. 21A.01.045 Relationship to certain adopted 1994 development regulations. 21A.01.050 Tree retention and landscaping (Ch. 21A.16) effective date. 21A.01.070 Area zoning conversion guidelines. 21A.01.080 Severability. 21A.01.090 Drawings. 21A.01.100 Periodic review. (King County 3-2005) BLANK 21 A-3 ZONING CODE ADOPTION 21A.01.010 - 21A.01.040 21 A--4 21A.01.010 Adoption and transference. Pursuant to the requirement of King County Charter Section 880, there is adopted Title 21A of the "King County code" as compiled by the King County council. K.C.C. Chapter 21A.61A of the code is hereby transferred to Title 27. K.C.C. Sections 21A.61.060, .070 are hereby transferred to Title 20. (Ord. 10870 § 1, 1993). 21A.01.020 Zoning code adopted. Under the provisions of Article XI, Section 11 of the Washington State Constitution and Article 2, Section 220.20 of the King County Charter, the zoning code attached to Ordinance 10870, which is referred to hereinafter as the 1993 Zoning Code, is adopted and declared to be the zoning code for King County until amended, repealed or superseded, subject to the provisions of K.C.C. 21 A.01.030. This code also is hereby enacted to be consistent with and implement the comprehensive plan in accordance with RCW 36.70A. This code shall be compiled in Title 21A. (Ord. 11621 § 1 (part), 1994: Ord. 10870 § 2, 1993). 21A.01.025 Notification to Tribes. The county recognizes that many actions undertaken pursuant to Title 21A, as amended, may impact treaty fishing rights of federally -recognized tribes. In order to honor and prevent interference with these treaty fishing rights and to provide for water quality and habitat preservation, the county shall provide notice to any federally -recognized tribes whose treaty fishing rights would be affected by an action undertaken pursuant to this title, including but not limited to: development of wetlands, stream and river banks, Lakeshore habitat of water bodies, or development directly or indirectly affecting anadromous bearing water bodies, including the promulgation of plans, rules, regulations or ordinances implementing the provisions of this title, whether or not review of such actions is required under the State Environmental Policy Act (SEPA) RCW 43.21 C. (Ord. 11621 § 1 (part), 1994). 21A.01.030 Application of the 1993 Zoning Code. A. Except as provided in subsection C below, the 1993 Zoning Code shall apply to a specific property when, after the effective date of Ordinance 10870 (6/28/93), the zoning map with respect to such property is amended pursuant to: 1. an individual quasi-judicial zone reclassification; 2. countywide zoning conversion process set out in Section 5; or 3. community planning area zoning proposals accompanying plan updates or amendment studies. B. Any reclassification requests or proposals for application of area or countywide zoning initiated after the effective date of Ordinance 10870 shall use the new zone classifications adopted in the 1993 Zoning Code. C. The provisions of King County Code Chapter 21A.24, together with the relevant provisions of Chapters 21A.06 and 21A.12, shall apply to all properties as of the effective date of Ordinance 11621 (119/94). (Ord. 11621 § 2, 1994: 10870 § 3, 1993). 21A.01.040 Transition to new code. A. Complete applications for conditional use permits, planned unit developments, binding site plans, right-of-way use permits, commercial site development permits, variances, unclassified use permits, or public agency and utility exceptions which were pending at the time Title 21A took effect shall continue to be processed under those applicable zoning regulations governing review prior to implementation of Title 21A; except when a conditional use permit application has been submitted for a use that under Title 21A no longer requires a conditional use permit, that conditional use permit shall not be a requirement for the vested development proposal. Notwithstanding any contrary provisions in this title, where approved, these permits shall continue to establish allowable uses on the property until permit expiration. A variance to Title 21 standards which has been approved and has not expired shall be deemed to also vary like standards set forth in Title 21A relating to the same subject matter and development proposal. Planned unit development applications pending on October 1, 1994 shall be deemed to have vested at the time a complete application was filed. Nothing in this subsection is intended to restrict otherwise applicable vested applicant rights. B. Except for the requirements of K.G.C. 21A.43, any lot created by subdivision or short subdivision for which a complete subdivision or short subdivision application was submitted prior to February 2, 1995, may be developed pursuant to the standards of Resolution 25789, as amended (former K.C.C_ Title 21), including any applicable p-suffix conditions in adopted community plans and area zoning in effect on February 1, 1995 for a period of six years from the date of recording of the applicable final plat or short plat. (Ord. 12824 § 19, 1997: Ord. 11765 § 1, 1995: Ord. 11621 § 37 1994: 10870 § 4, 1993). (King County 3-2005) 21A.01.045 - 21A.01.070 ZONING 21 A-5 21A.01.045 Relationship to certain adopted 1994 development regulations. A. The King County Council makes the following findings of fact: 1. On December 19, 1994, the King County Council adopted Ordinance 11618, 11619, and 11620 amending Title 16 of the King County Code. The effective date of Ordinance 11618, 11619, and 11620 is January 9, 1995. 2. In drafting Ordinance 11618, 11619, and 11620, the references to the King County Zoning Code were amended to cite K,C.C. Title 21A, the new zoning code, and at the same time repeal references to K.C.C. Title 21, the old zoning code. This was done in anticipation that Proposed Ordinance 94-737, which adopts new zoning to implement the 1994 Comprehensive Plan and Title 21A, adopted would be on December 19, 1994 concurrent with Ordinance 11618, 11619, and 11620. Thus, K.C.C. Title 21A would become effective on the same date as Ordinance 11618, 11619, and 11620. 3. However, on December 19, 1994 the King County Council deferred action on Proposed Ordinance 94-737 until January 3, 1995. On January 3, 1995 the action was again deferred to January 9, 1995. As a result of deferring action on Proposed Ordinance 94-737, K.C.C. 21A will not go into effect until some time after the effective date of Ordinance 11618, 11619, and 11620. 4. The problem created by the actions described above is that Ordinance 11618, 11619, and 11620 will go into effect with references to zoning code requirements (K.C.C, Title 21A) that will not be in effect until the adoption and effective date of Proposed Ordinance 94-737. Additionally, the references to the existing zoning code (K_C.C. Title 21) are repealed in Ordinance 11618, 11619, and 11620. As a result, development applications filed between the effective date of Ordinance 11618, 11619, and 11620 and the effective date of proposed Ordinance 94-737 may vest to land use controls that will not include either existing Title 21 or the new Title 21A regulations. Such development may not provide protection for, and be harmful to, the public health, safety and welfare which Title 21 and 21A were adopted to address. D_ Ordinance 11618, 11619, and 11620 shall not take effect, or if in effect shall no longer be in effect, until King County adopts zoning to implement the 1994 King county Comprehensive Plan and to convert zoning to Title 21A (Proposed Ordinance 94-737) and such zoning becomes effective. Prior to the effective date of Ordinance 11618, 11619, and 11620, the provisions of law in effect prior to the adoption of Ordinance 11618, 11619, and 11620 shall remain in effect until Ordinance 11618, 11619, and 11620 is in effect under the provisions of this section_ (Ord. 11652 § 1-2, 1995). 21A.01.050 Tree retention and landscaping effective date. Chapter 21 A.16 (Tree Retention and Landscaping) shall be effective as part of the 1993 Zoning Code only if at the time of the adoption of the first area zoning map conversion a new landscaping chapter has not been adopted, in which case chapter 21A.16 will apply in that area until a revised chapter is adopted. (Ord. 10870 § 9, 1993). 21A.01.070 Area zoning conversion guidelines, A. The council directs the department to prepare proposed new zoning maps applying the 1993 King County Zoning Code and transmit within ten months of the effective date of Ordinance 10870 (6/28/93) for council review and adoption. B. The department shall use the table set forth in subsection C and the guidelines of this section in preparing an ordinance or ordinances to convert each area zoning document to the 1993 Zoning Code, with modifications appropriate to be consistent with the comprehensive plan land use map and policies, so as to implement the comprehensive plan and convert old outright and potential zone designations to new ones in a consistent manner. The provisions of this section also shall apply to conversion of the resource lands area zoning adopted pursuant to K.C.C_ 20.12.390, (King County 3-2005) ZONING CODE ADOPTION 21A.01.070 21 A-6 C. Conversion table. The following conversion table and criteria contained therein shall be used by the department in converting the zoning maps adopted pursuant to Resolution 25789 to the 1993 Zoning Code: RESOLUTION 25789 1993 ZONING CODE IF ZONING MAP SYMBOLS MAP SYMBOLS ADDITIONAL CRITERIA F F In Forest Production or Rurat Areas FR For RA Use zone most consistent with the comprehensive plan A, A-10 A-10 In Agricultural or Rural Areas A-35 A-35 or A-60 Use zone most consistent with the comprehensive plan Q-M M Designated Mining Sites AR-2.5 RA-2.5 In Rural Areas AR-5 RA-5 Use zone most consistent with the AR-10 RA-10 or RA-20 comprehensive plan GR-5, GR-2.5, G-5 UR Only in designated urban areas RA In areas not designated urban G R-1 Only in designated urban areas RA In areas not designated urban SE, S-C R-1 Only in designated urban areas or Rural Towns SR/RS15000,SR1RS R-4 Only in designated urban areas or Rural Towns 9600 SR7200, RS7200 R-6 Only in designated urban areas or Rural Towns SR5000. RS5000 R-8 Onty in designated urban areas or Rural Towns RMHP R-4 through R-48 Use zone closest to zoning on adjacent property or midrange if adjacent zones vary RD3600, RT3600 R-12 RM2400, RT2400 R-18 RT, RM1800, RT1800 R-24 RM900 O or R-48 Apply zoning closest to comprehensive plan land use designations RM 900 P O or R-48 According to P-suffix limitations allowing only office or residential uses B-N, BR-N NS or RB B-C, BR-C CB or RB For all business zones, use zone most consistent with the C-G RB comprehensive plan designation and actual scale of business area M-L, M-P, M-H I D. Unclassified Use Permit Mining Operations. In addition to the conversions set out in the table in subsection C, all sites legally operating pursuant to an unclassified use permit for mining operations shall be zoned M (Mineral)- E. Resolution of map conflicts. In cases of ambiguity or conflict between a community or comprehensive plan map designation and the zone classification applied under the old code, the department shall use the following guidelines and procedures in recommending new zones: 1. As a general rule, the outright or potential zoning designation applied shall be that which is consistent with the 1994 King County Comprehensive Plan; adopted community plans, where they do not conflict, may be used to provide additional guidance; 2. If the application of the guidelines in this subsection leads the department to propose applying an outright or potential zone classification from the 1993 Zoning Code that is not functionally equivalent to a classification from the old code as defined in the table in subsection C., the department shall notify the owner of the property proposed for reclassification no later than the council introduction date of the ordinance amending said property.. and the property owner may request a change in the area zoning in a manner consistent with the procedures used for council review of a community plan and area zoning. 21 A-7 (King County 3-2005) 21 A.01.070 - 21 A.01.080 ZONING F. Area -wide P-suffix development conditions. The department shall review all area -wide P- suffix conditions applied through zoning adopted pursuant to Resolution 25789, and recommend legislation removing all such conditions which conflict with the comprehensive plan or have been replaced adequately by standards adopted in the 1993 zoning code. If P-suffix conditions implement policies in the comprehensive plan, then regulations shall be developed by the end of 1995 and the P-suffix conditions shall be removed. Any P-suffix conditions which implement policies in community plans which are not in conflict with the comprehensive plan but are not adequately addressed by this code shall be carried forward intact until they are evaluated for replacement by general code revisions in 1995. G. Site -specific development conditions. Approval conditions for previous zone reclassifications, planned unit developments, unclassified permits, and P-suffix conditions applied to individual properties in land use actions pursuant to Resolution 25789, should be recommended for retention wherever they address conditions unique to a particular property and not addressed by the standards in the Zoning Code. H. For area zoning documents being converted to the 1993 Zoning Code without amendments to their respective community plan maps and policies, only requests for zone changes which meet one of the following criteria shall be considered during either the department or council review process: 1. as provided in subsection E; 2. when an applicant can demonstrate that the department's proposal incorrectly implements an adopted comprehensive plan map designation or policy in converting existing zoning to a new zone classification; or 3. the site is the subject of an application for a Master Planned Development or Urban Planned Development, and conversion to the 1993 Zoning Code is requested as part of such application. Rezoning of such sites during the conversion, area zoning otherwise shall be to Urban Reserve with the urban planned development overlay district as provided in Chapter 21A.38. 1. Requests which do not meet one of the criteria of subsection H shall be treated as quasi- judicial reclassification requests which must be formally applied for according to the process provided for such requests and shall be subject to the criteria in K_C.C. 20,24.190. J. Requests for quasi-judicial reclassification that are consistent with the conversion table illustrated in subsection C and requests for quasi-judicial reclassification to the M zone, shall not be subject to the criteria in K.C.C. 20.24.190. K. Bear Creek MPD's. The following transition provisions shall apply to the Master Plan Development applications in the Bear Creek Community Plan (BCCP). 1. An applicant may either continue to utilize the procedural provisions of the BCCP or may utilize the procedural provisions of K.C.C. 21A.39. 2. If an applicant utilizes the procedural provisions of K.C.C. 21A.39, the Pre -Development Applications previously submitted for the Blakely Ridge MPD and the Northridge MPD are deemed the equivalent of and accepted as complete applications for "UPD Permits" under Chapter 21A.39 of the 1993 zoning code. 3. The substantive provisions of the BCCP Area Zoning MPD P-Suffix conditions and conditions precedent to rezoning set forth in Section 1 C of the BCCP Area Zoning (page 140) shall remain in effect for purposes of considering the UPD applications, under either the BCCP or K.C.C. 21A.39. 4. The applicants may elect either one base zone pursuant to K.C.C. 21A.39, or multiple zones pursuant to the Bear Creek Community Plan, applying the equivalent zone and potential zone designations of the 1993 zoning code. 5. The Novelty Hill Master Plan sites and urban designation adopted and delineated in the Bear Creek Community Plan and Bear Creek Area zoning shall be considered "UPD Special District Overlays" and "UPD boundary delineations" for purposes of applying K.C.C. 21A.38.020, .070B.1 and .070B.2 and K.C.C. 21 A.39.020.(Ord. 11621 § 5, 1994, 11157 § 1, 1993: Ord. 10870 § 5, 1993). 21A.01.080 Severability. If any provision of this title or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. (Ord. 10870 § 6, 1993). 21 A--8 (King County 3-2005) ZONING CODE ADOPTION 21 A.01.090 - 21 A.01.100 21A.01.090 Drawings. The department is hereby authorized after the date of the adoption of this ordinance to incorporate drawings as necessary for the purpose of illustrating concepts and regulatory standards contained in this title, provided that the adopted provisions of the code shall control over such drawings. (Ord. 10870 § 7, 1993). 21A.01.100 Periodic review. The department shall submit an annual written report to the council detailing issues relating to the implementation of the 1993 King County Zoning Code and recommending amendments to address those issues. (Ord. 10870 § 8, 1993). 21 A-9 BLANK (King County 3-2005) 21 A---10 AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATION Chapter 21A.02 AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATION Sections: 21 A.02.010 Title. 21A.02.020 Authority to adopt code. 21A.02.030 Purpose. 21A.02.040 Conformity with this title required. 21A.02.050 Minimum requirements. 21A.02.060 Interpretation: General. 21A.02.070 Interpretation: Standard industrial classification. 21A.02.080 Interpretation: Zoning maps. 21A.02.090 Administration and review authority. 21A.02.100 Severability. 21A.02.110 Classification of right-of-way. 21 A.02 21A-11 BLANK (King County 3-2005) 21 A-12 AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATION 21A.02.010 - 21A.02.060 21A.02.010 Title. This title shall be known as the King County Zoning Code. (Ord. 15051 § 1, 2004: Ord. 10870 § 11, 1993). 21A.02.020 Authority to adopt code. The King County Zoning Code is adopted by King County ordinance, pursuant to Article XI, Section 11 of the Washington State Constitution; and Article 2, Section 220.20 of the King County Charter. (Ord. 10870 § 12, 1993). 21A.02.030 Purpose. The general purposes of this title are; A. To encourage land use decision making in accordance with the public interest and applicable laws of the State of Washington. B. To protect the general public health, safety, and welfare; C. To implement the King County Comprehensive Plan's policies and objectives through land use regulations; D. To provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards; E. To provide for adequate public facilities and services in conjunction with development; and F. To promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental Impacts of development. (Ord. 10870 § 137 1993). 21A.02.040 Conformity with this title required. A. No use or structure shall be established, substituted, expanded, constructed, altered, moved, maintained, or otherwise changed except in conformance with this title. B. Creation of or changes to lot lines shall conform with the use provisions, dimensional and other standards, and procedures of this title and Title 19, Subdivisions. C. All land uses and development authorized by this title shall comply with all other regulations and or requirements of this title as well as any other applicable local, state or federal law. Where a difference exists between this title and other county regulations, the more restrictive requirements shall apply. D. Where more than one part of this title applies to the same aspect of a proposed use or development, the more restrictive requirement shall apply. E. Temporary uses or activities, conducted during an emergency event, or training exercises conducted at emergency sites, designated pursuant to an emergency management plan, shall not be subject to the provisions of this title. (Ord. 11621 § 8, 1994: 10870 § 14, 1993). 21A.02.050 Minimum requirements. In interpretation and application, the requirements set forth in this title shall be considered the minimum requirements necessary to accomplish the purposes of this title. (Ord. 10870 § 15, 1993). 21A.02.060 Interpretation: General. A. In case of inconsistency or conflict, regulations, conditions or procedural requirements that are specific to an individual land use shall supersede regulations, conditions or procedural requirements of general application. B. A land use includes the necessary structures to support the use unless specifically prohibited or the context clearly indicates otherwise. C. In case of any ambiguity, difference of meaning, or implication between the text and any heading, caption, or illustration, the text and the permitted use tables in K.C.C. 21A.08 shall control. All applicable requirements shall govern a use whether or not they are cross-referenced in a text section or land use table. D. Unless the context clearly indicates otherwise, words in the present tense shall include past and future tense, and words in the singular shall include the plural, or vice versa. Except for words and terms defined in this title, all words and terms used in this title shall have their customary meanings. (Ord. 10870 § 16, 1993). 21 A-13 (King County 3-2005) 21 A.02.070 - 21A.02.090 ZONING 21A.02.070 Interpretation: Standard industrial classification. A. All references to the Standard Industrial Classification (SIC) are to the titles and descriptions found in the Standard Industrial Classification Manual, 1987 edition, prepared by United States Office of Management and Budget which is hereby adopted by reference. The (SIC) is used, with modifications to suit the purposes of this title, to list and define land uses authorized to be located in the various zones consistent with the comprehensive plan land use map. B. The SIC categorizes each land use under a general two -digit major group number, or under a more specific three- or four -digit industry group or industry number. A use shown on a land use table with a two -digit number includes all uses listed in the SIC for that major group. A use shown with a three -digit or four -digit number includes only the uses listed in the SIC for that industry group or industry. C. An asterisk (") in the SIC number column of a land use table means that the SIC definition for the specific land use identified has been modified by this title. The definition may include one or more SIC subclassification numbers, or may define the use without reference to the SIC. D. The Director shall determine whether a proposed land use not specifically listed in a land use table or specifically included within a SIC classification is allowed in a zone. The director's determination shall be based on whether or not permitting the proposed use in a particular zone is consistent with the purposes of this title and the zone's purpose as set forth in K.C.C. 21A.04, by considering the following factors: 1. The physical characteristics of the use and its supporting structures, including but not limited to scale, traffic and other impacts, and hours of operation; 2. Whether or not the use complements or is compatible with other uses permitted in the zone; and 3. The SIC classification, if any, assigned to the business or other entity that will carry on the primary activities of the proposed use. (Ord. 11621 § 7, 1994: 10870 § 17, 1993). 21A.02.080 Interpretation: Zoning maps. Where uncertainties exist as to the location of any zone boundaries, the following rules of interpretation, listed in priority order, shall apply: A. Where boundaries are indicated as paralleling the approximate centerline of the street right-of- way, the zone shall extend to each adjacent boundary of the right-of-way, Non road -related uses by adjacent property owners, if allowed in the right-of-way, shall meet the same zoning requirements regulating the property owners lot; B. Where boundaries are indicated as approximately following lot fines, the actual lot lines shall be considered the boundaries; C. Where boundaries are indicated as following lines of ordinary high water, or government meander line, the lines shall be considered to be the actual boundaries. If these lines should change the boundaries shall be considered to move with them; and D, If none of the rules of interpretation described in subparagraphs A. through C. apply, then the zoning boundary shall be determined by map scaling. (Ord. 10870 § 18, 1993). 21A.02.090 Administration and review authority. A. The hearing examiner in accordance with K.C.C. chapter 20.24 may hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals. B. The director may grant, condition or deny applications for variances, conditional use permits, renewals of permits for mineral extraction and processing, alteration exceptions and other development proposals, unless an appeal is filed and a public hearing is required under K.C.C. chapter 20.20, in which case this authority shall be exercised by the hearing examiner. C. The department shall have authority to grant, condition or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures in K.C.C. chapter 21A.42. D_ Except for other agencies with authority to implement specific provisions of this title, the department shall have the sole authority to issue official interpretations and adopt public rules to implement this title, in accordance with K.C.C. chapter 2.98. (Ord. 15051 § 2, 2004: Ord. 10870 § 19, 1993). 21 A--14 (King County 3-2005) AUTHORITY, PURPOSE, INTERPRETATION AND ADMINISTRATION 21A.02.100 - 21A.02.110 21A.02.100 Severability. Should any chapter, section, subsection, paragraph, sentence, clause or phrase of this title be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this title. (Ord. 10870 § 20, 1993). 21A.02.110 Classification of right-of-way. A. Except when such areas are specifically designated an the zoning map as being classified in one of the zones provided in this title, land contained in rights -of -way for streets or alleys, or railroads shall be considered unclassified. B. Within street or alley rights -of -way, uses shall be limited to street purposes as defined by law. C. Within railroad rights -of -way, allowed uses shall be limited to tracks, signals or other operating devices, movement of rolling stock, utility lines and equipment, and facilities accessory to and used directly for the delivery and distribution of services to abutting property. D. Where such right-of-way is vacated, the vacated area shall have the zone classification of the adjoining property with which it is first merged. (Ord. 10870 § 21, 1993). 21A-15 BLANK (King County 3-2005) 21 A-16 ZONES, MAPS AND DESIGNATIONS 21 A.04 Chapter 21A.04 ZONES, MAPS AND DESIGNATIONS Sections: 21A.04.010 Zones and map designations established. 21A.04.020 Zone and map designation purpose. 21A.04.030 Agricultural zone. 21A_04.040 Forest zone. 21A.04.050 Mineral zone. 21A,04,060 Rural area zone. 21A.04.070 Urban reserve zone. 21A.04.080 Urban residential zone. 21A.04.090 Neighborhood business zone. 21A.04.100 Community business zone. 21A.04.110 Regional business zone. 21 A.04.120 Office zone. 21A.04.130 Industrial zone. 21A.04A40 Map designation - Regional use designation. 21A.04.150 Map designation - Property -specific development orP-suffix standards. 21 A.04.160 Map designation - Special district overlay. 21 A.04.170 Map designation - Potential zone. 21A.04.180 Map designation - Interim zoning. 21A,04.190 Zoning maps and boundaries. 21 A-17 BLANK (King County 3-2005) 21 A-18 ZONES, MAPS AND DESIGNATIONS 21 A.04.010 - 21A.04.030 21A.04.010 Zones and map designations established. In order to accomplish the purposes of this title the following zoning designations and zoning map symbols are established: ZONING DESIGNATIONS MAP SYMBOL Agricultural A 10 -or 35 acre minimum lot size Forest F Mineral M Rural Area RA (2,5-acre, 5-acre, 10-acre or 20-acre minimum lot size Urban Reserve UR Urban Residential R base density in dweilin s per acre Neighborhood Business NB Community Business CB Regional Business RB Office O Industrial Regional Use Case file number following zone's map symbol Property -specific development standards -P(suffix to zone's map symbol) Special District Overlay -SO(suffix to zone's map symbol) Potential Zone ------------------------------ I I 1 I ------------------------------ (dashed box surrounding zone's map symbol) Interim Zone " asterisk ad'acent to zone's map symbol) (Ord. 12929 § 1, 1997: Ord. 12596 § 1, 1997: Ord. 11621 § 9, 1994: Ord. 10870 § 22, 1993). 21A.04.020 Zone and map designation purpose. The purpose statements for each zone and map designation set forth in the following sections shall be used to guide the application of the zones and designations to all lands in unincorporated King County. The purpose statements also shall guide interpretation and application of land use regulations within the zones and designations, and any changes to the range of permitted uses within each zone through amendments to this title. (Ord. 10870 § 23, 1993). 21A.04.030 Agricultural zone. A. The purpose of the agricultural zone (A) is to preserve and protect irreplaceable and limited supplies of farmland well suited to agricultural uses by their location, geological formation and chemical and organic composition and to encourage environmentally sound agricultural production. These purposes are accomplished by: 1. Establishing residential density limits to retain lots sized for efficient farming; 2. Allowing for uses related to agricultural production and limiting nonagricultural uses to those compatible with farming, or requiring close proximity for the support of agriculture; and 3. Allowing for residential development primarily to house farm owners, on -site agricultural employees and their respective families. B. Use of this zone is appropriate for lands within agricultural production districts designated by the Comprehensive Plan and for other farmlands deemed appropriate for long-term protection. (Ord. 10870 § 24, 1993). 21 A-19 (King County 3-2005) 21 A,04.040 - 21 A_04.060 ZONING 21A.04.040 Forest zone. A. The purpose of the forest zone (F) is to preserve the forest land base; to conserve and protect the long-term productivity of forest lands; and to restrict uses unrelated to or incompatible with forestry. These purposes are accomplished by: 1. Applying the F zone to large contiguous areas where a combination of site, soil and climatic characteristics make it possible to sustain timber growth and harvests over time; 2. Limiting residential, recreational, commercial and industrial uses to those uses that are compatible with forestry, to minimize the potential hazards of damage from fire, pollution and land use conflicts; and 3. Providing for compatible outdoor recreation uses and for conservation and protection of municipal watersheds and fish and wildlife habitats. B. Use of this zone is appropriate for lands within forest production districts designated by the Comprehensive Plan. (Ord. 10870 § 25, 1993). 21A.04.050 Mineral zone. A. The purpose of the mineral zone (M) is to provide for continued extraction and processing of mineral and soil resources in an environmentally responsible manner by: 1. Reserving known deposits of minerals and materials within areas as protection against premature development of the land for non -extractive purposes; 2. Providing neighboring properties with notice of prospective extracting and processing activities; and 3. Providing appropriate location and development standards for extraction and on -site processing to mitigate adverse impacts on the natural environment and on nearby properties. B. Use of this zone is appropriate for known deposits of minerals and materials on sites that are of sufficient size to mitigate the impacts of operation and that are served or capable of being served at the time of development by adequate roads and other public services; and for sites containing mineral extracting and processing operations that were established in compliance with land use regulations in effect at the time the use was established. (Ord. 10870 § 26, 1993). 21A.04.060 Rural area zone. A, The purpose of the rural zone (RA) is to provide for an area -wide long-term rural character and to minimize land use conflicts with nearby agricultural or forest production districts or mineral extraction sites. These purposes are accomplished by: 1. Limiting residential densities and permitted uses to those that are compatible with rural character and nearby resource production districts and sites and are able to be adequately supported by rural service levels; 2. Allowing small scale farming and forestry activities and tourism and recreation uses that can be supported by rural service levels and that are compatible with rural character; 3_ Increasing required setbacks to minimize conflicts with adjacent agriculture, forest or mineral zones; and 4. Requiring tracts created through cluster development to be designated as permanent open space or as permanent resource use. B. Use of this zone is appropriate in rural areas designated by the Comprehensive Plan as follows: 1. RA-2.5 in rural areas where the predominant lot pattern is below five acres in size for lots established prior to the adoption of the 1994 Comprehensive Plan; 2. RA-5 in rural areas where the predominant lot pattern is five acres or greater but less than ten acres in size and the area is generally environmentally unconstrained; 3. RA-10 in rural areas where the predominant lot pattern is ten acres or greater but less than twenty acres in size. RA-10 is also applied on land that is generally environmentally constrained, as defined by county, state or federal law, to protect critical habitat and regionally significant resource areas (RSRAs). The RA-10 zone is also applied to lands within one -quarter mile of a forest or agricultural production district or an approved long-term mineral extraction site. On Vashon-Maury Island RA-10 zoning shall be maintained on areas zoned RA-10 as of 1994 and on areas with a predominant lot size of 21 A--20 ten acres or greater that are identified on the Areas Highly Susceptible to Groundwater Contamination map; and 4. RA-20 in Rural Forest Focus Districts designated by the King County Comprehensive Plan. (Ord. 14045 § 1, 2001: Ord. 11621 § 10, 1994: Ord. 10870 § 27, 1993). (King County 3-2005) ZONES, MAPS AND DESIGNATIONS 21 A.04.070 - 21A.04.080 21A.04.070 Urban reserve zone. A. The purposes of the urban reserve zone (UR) are to phase growth and demand for urban services, and to reserve large tracts of land for possible future growth in portions of King Ceunty designated by the Comprehensive Plan for future urban growth while allowing reasonable interim uses of property; or to reflect designation by the Comprehensive Plan of a property or area as part of the urban growth area when a detailed plan for urban uses and densities has not been completed; or when the area has been designated as a site for a potential urban planned development or new fully contained community, as provided in K.C.C. 21A.38.070. These purposes are accomplished by: 1. Allowing for rural, agricultural and other low -density uses; 2. Allowing for limited residential growth, either contiguous to existing urban public facilities, or at a density supportable by existing rural public service levels; and 3. Requiring clustered residential developments where feasible, to prevent establishment of uses and lot patterns which may foreclose future alternatives and impede efficient later development at urban densities. B. Use of this zone is appropriate in urban areas, rural towns or in rural city expansion areas designated by the Comprehensive Plan, when such areas do not have adequate public facilities and services or are not yet needed to accommodate planned growth, do not yet have detailed land use plans for urban uses and densities, or are designated as sites for a potential urban planned development or new fuliy contained communities. (Ord. 13278 § 2, 1998: Ord. 12171 § 2, 1996: Ord. 11621 § 11, 1994: Ord. 10870 § 28, 1993). 21A.04.080 Urban residential zone. A. The purpose of the urban residential zone (R) is to implement comprehensive plan goals and policies for housing quality, diversity and affordability, and to efficiently use urban residential land, public services and energy. These purposes are accomplished by: 1. Providing, in the R-1 through R-8 zones, for a mix of predominantly single detached dwelling units and other development types, with a variety of densities and sizes in locations appropriate for urban densities; 2. Providing, in the R-12 through R-48 zones, for a mix of predominantly apartment and townhouse dwelling units, mixed -use and other development types, with a variety of densities and sizes in locations appropriate for urban densities; 3. Allowing only those accessory and complementary nonresidential uses that are compatible with urban residential communities; and 4. Establishing density designations to facilitate advanced area -wide planning for public facilities and services, and to protect environmentally sensitive sites from over development. B. Use of this zone is appropriate in urban areas, activity centers, or Rural Towns designated by the Comprehensive Plan as follows: 1. The R-1 zone on or adjacent to lands with area -wide environmental constraints where development is required to cluster away from sensitive areas, on lands designated urban separators or wildlife habitat network where development is required to cluster away from the axis of the corridor an critical aquifer recharge areas, and on Regionally and Locally Significant Resource Areas (RSRAs/LSRAs) or in well -established subdivisions of the same density, which are served at the time of development by public or private facilities and services adequate to support planned densities; 2. The R-4 through R-8 zones on urban lands that are predominantly environmentally unconstrained and are served at the time of development, by adequate public sewers, water supply, roads and other needed public facilities and services; and 3. The R-12 through R-48 zones next to Unincorporated Activity Centers, in Community or Neighborhood Business Centers, in mixed -use development, on small, scattered lots integrated into existing residential areas, or in Rural Towns, that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 14045 § 2, 2001: Ord. 12822 § 5, 1997: Ord. 12596 § 2, 1997: Ord. 11621 § 12, 1994: Ord. 10870 § 29, 1993). 21 A-21 (King County 3-2005) 21 A.04.090 - 21 A.04.110 ZONING 21A.04.090 Neighborhood business zone. A. The purpose of the neighborhood business zone (NB) is to provide convenient daily retail and personal services for a limited service area and to minimize impacts of commercial activities on nearby properties and in urban areas on properties with the land use designation of commercial outside of center, to provide for limited residential development. These purposes are accomplished by: 1. Limiting nonresidential uses to those retail or personal services which can serve the everyday needs of a surrounding urban or rural residential area; 2. Allowing for mixed use (housing and retail/service) developments and for townhouse developments as a sole use on properties in the urban area with the land use designation of commercial outside of center; and 3. Excluding industrial and community/regional business -scaled uses. B, Use of this zone is appropriate in urban neighborhood business centers, rural towns, or rural neighborhood centers designated by the comprehensive plan, on sites which are served at the time of development by adequate public sewers when located in urban areas or adequate on -site sewage disposal when located in rural areas, water supply, roads and other needed public facilities and services. (Ord. 12522 § 2, 1996: Ord. 11621 § 13, 1994: Ord. 10870 § 30, 1993). 21A.04.100 Community business zone. A. The purpose of the community business zone (CB) is to provide convenience and comparison retail and personal services for local service areas which exceed the daily convenience needs of adjacent neighborhoods but which cannot be served conveniently by larger activity centers, and to provide retail and personal services in locations within activity centers that are not appropriate for extensive outdoor storage or auto related and industrial uses. These purposes are accomplished by: 1. Providing for limited small-scale offices as well as a wider range of the retail, professional, governmental and personal services than are found in neighborhood business areas; 2, Allowing for mixed use (housing and retail/service) developments; and 3. Excluding commercial uses with extensive outdoor storage or auto related and industrial uses. B. Use of this zone is appropriate in urban and community centers or rural towns that are designated by the Comprehensive Plan and community plans and that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services_ (Ord. 11621 § 14, 1994: Ord. 10870 § 31, 1993). 21A.04.110 Regional business zone. A. The purpose of the regional business zone (RB) is to provide for the broadest mix of comparison retail, wholesale, service and recreation/cultural uses with compatible storage and fabrication uses, serving regional market areas and offering significant employment opportunities. These purposes are accomplished by: 1. Encouraging compact development that is supportive of transit and pedestrian travel, through higher nonresidential building heights and floor area ratios than those found in community centers; 2. Allowing for outdoor sales and storage, regional shopping areas and limited fabrication uses; and 3. Concentrating large scale commercial and office uses to facilitate the efficient provision of public facilities and services. B. Use of this zone is appropriate in urban activity centers or rural towns that are designated by the Comprehensive Plan and community plans that are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 11621 § 15, 1994: Ord. 10870 § 32, 1993). 21 A-22 (King County 3-2005) ZONES, MAPS AND DESIGNATIONS 21 A.04.120 - 21 A.04.150 21A.04.120 Office zone. A. The purpose of the office zone (0) is to provide for pedestrian and transit -oriented high -density employment uses together with limited complementary retail and urban density residential development in locations within activity centers where the full range of commercial activities is not desirable. These purposes are accomplished by: 1. Allowing for uses that will take advantage of pedestrian -oriented site and street improvement standards; 2. Providing for higher building heights and floor area ratios than those found in community centers; 3. Deducing the ratio of required parking to building floor area; 4. Allowing for on -site convenient daily retail and personal services for employees and residences; and 5. Excluding auto -oriented, outdoor or other retail sales and services which do not provide for the daily convenience needs of on -site and nearby employees or residents. B. Use of this zone is appropriate in activity centers designated by the Comprehensive Plan and community plans which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 10870 § 33, 1993). 21A.04.130 industrial zone. A. The purpose of the industrial zone (I) is to provide for the iocation and grouping of industrial enterprises and activities involving manufacturing, assembly, fabrication, processing, bulk handling and storage, research facilities, warehousing and heavy trucking. It is also a purpose of this zone to protect the industrial land base for industrial economic development and employment opportunities. These purposes are accomplished by: 1. Allowing for a wide range of industrial and manufacturing uses; 2. Establishing appropriate development standards and public review procedures for industrial activities with the greatest potential for adverse impacts; and 3. Limiting residential, institutional, commercial, office and other non -industrial uses to those necessary for the convenience of industrial activities. B. Use of this zone is appropriate in urban activity centers or rural towns designated by the Comprehensive Plan and community plans which are served at the time of development by adequate public sewers, water supply, roads and other needed public facilities and services. (Ord. 11621 § 16, 1994: Ord. 10870 § 34, 1993). 21A.04.140 Map designation - Regional use designation. The purpose of the regional use designation (case file number following underlying zone's map symbol) is to provide for individual review of certain proposed uses with unique characteristics and adverse impacts on neighboring properties. Regional uses are of a size and involve activities which require individual review to determine compatibility with surrounding uses. (Ord. 10870 § 35, 1993). 21A.04.150 Map designation - Property -specific development or P-suffix standards. The purpose of the property -specific development standards designation (-P suffix to zone's map symbol) is to indicate that conditions beyond the minimum requirements of this title have been applied to development on the property, including but not limited to increased development standards, limits on permitted uses or special conditions of approval. Property -specific development standards are adopted in either a reclassification or area zoning ordinance and are shown in the SITUS file for an individual property maintained by the department. Regardless of the form in which a property -specific development standard is adopted. the P-suffix shall be shown on the official zoning map maintained by the department and as a notation on the SITUS file, which shall be updated as soon as possible after the effective date of the adopting ordinance adopting a P-suffix standard. (Ord. 12824 § 20, 199T Ord. 11621 § 17 1994: Ord. 10870 § 36, 1993). 21 A-2 3 (King County 3-2005) 21A.04.160 - 21A04.190 ZONING 21A.04.160 Map designation - Special district overlay. The purpose of the special district overlay designation (-SO suffix to zone's map symbol is to carry out Comprehensive Plan and community, subarea or neighborhood plan policies that identify special opportunities for achieving public benefits by allowing or requiring alternative uses and development standards that differ from the general provisions of this title. Special district overlays are generally applied to a group of individual properties or entire community, subarea or neighborhood planning areas and are designated primarily through the area zoning process. Regardless of the form in which a special district overlay is adopted, the -SO suffix shall be shown on the official zoning reap maintained by the department and as a notation on the SITUS file, which shall be updated as soon as possible after the effective date of the adopting ordinance adopting an overlay. (Ord. 12823 § 1, 1997: Ord. 11621 § 18, 1994: Ord. 10870 § 37, 1993). 21A.04.170 Map designation - Potential zone. A. The purpose of the potential zone (dashed box surrounding zone's map symbol) is to designate properties potentially suitable for future changes in land uses or densities once additional infrastructure, project phasing or site -specific public review has been accomplished. Potential zones are designated by either area zoning or individual zone reclassification. Area zoning may designate more than one potential zone on a single property if the community plan designates alternative uses for the site. Potential zones are actualized pursuant to K.G.G. 20,24. B. The use of a potential zone designation is appropriate to: 1. Phase development based on availability of public facilities and services or infrastructure improvements (e.g. roads, utilities, schools); 2. Prevent existing development from becoming a nonconforming use in areas that are in tran- sition from previous uses; 3. Allow for future residential density increases consistent with a community plan; and 4. Provide for public review of proposed uses on sites where some permitted uses in a zone designation may not be appropriate. (Ord. 10870 § 38, 1993). 21A.04.180 Map designation - Interims zoning. The purpose of the interim zone designation (* suffix to zone's map symbol) is to identify areas where zoning has been applied for a limited period of time in order to preserve the county's planning options and to protect the public safety, health and general welfare during an emergency or pending a community, comprehensive or functional plan amendment process. Any of the zones set forth in this chapter, with or without -P suffix conditions, may be applied as interim zones. The adopting ordinance shall state the reasons for the interim zoning and provide for its expiration upon a certain date or the adoption of a new plan, plan amendment or area zoning. (Ord_ 10870 § 39, 1993). 21A.04.190 Zoning maps and boundaries. A. The location and boundaries of the zones defined by this chapter shall be shown and delineated on zoning maps adopted by ordinance. B. Changes in the boundaries of the zones, including application or amendment of interim zoning, shall be made by ordinance adopting or amending a zoning map, C. Zoning maps are available for public review at the department of development and environmental services permit center during business hours_ (Ord_ 10870 § 40, 1993). 21 A-24 (King County 3-2005) TECHNICAL TERMS AND LAND USE DEFINITIONS Chapter 21A.06 TECHNICAL TERMS AND LAND USE DEFINITIONS Sections: 21A.06,005 Scope of chapter. 21A.06.007 Abandoned vehicle. 21A.06.010 Accessory living quarters. 21A.06.015 Accessory use, commercial/industrial, 21A.06.020 Accessory use, residential. 21A.06.025 Accessory use, resource. 21A.06.026 Active recreation space. 21A.06.027 Adjustment factor. 21 A.06.035 Adult entertainment business. 21A.06.037 Agricultural drainage. 21A.06.040 Agricultural product sales. 21A.06.042 Agriculture training facility. 21A.06.045 Aircraft, ship and boat manufacturing. 21A.06.050 AirportlheIiport. 21 A.06.055 Alley. 21 A.06.056 Alteration. 21 A.06.057 Alternative water sources. 21A.06.060 Amusement arcades. 21A.06.065 Animal, small. 21A.06.067 Antenna. 21A.06.070 Applicant, 21A.06.072 Application rate. 21A.06,072C Aquatic area. 21A.06.073 Artist studio. 21A.06.075 Auction house_ 21A.06.078 Bank stabilization. 21A.06.080 Base flood. 21A.06.085 Base flood elevation. 21A.06.087 Basement. 21A.06,090 Bed and breakfast guesthouse. 21A.06.095 Beehive. 21 A.06.097 Berm. 21A.06.098 Best management practice. 21A.06.100 Billboard. 21A.06.105 Billboard face. 21A.06.108 Bioengineering. 21 A.06.113 Bog. 21A.06.115 Book, stationery, video and art supply store. 21A.06.120 Broadleaf tree. 21A.06.122 Buffer. 21A.06.125 Building, 21A.06.135 Building envelope. 21A,06.140 Building facade. 21A.06.145 Building, hardware and garden materials store. 21A.06.150 Bulk gas storage tanks. 21A.06.155 Bulk retail. 21A.06.158 Camp, agriculture -related special needs. 21A.06.160 Campground. 21A.06.162 Camps, recreational and retreat. 21A-25 21 A.06 21A.06.165 Capacity, school. 21A06.170 Capital facilities plan, school. 21 A.06.172 Catastrophic collapse. 21A.06.175 Cattery. 21A.06 21A.06.180 Cemetery, columbarium or mausoleum. 21 A.06,181 Channel. 21A.06.181C Channel edge. 21A.06.181E Channel migration hazard area, moderate. 21A.06.181G Channel migration hazard area, severe. 21A.06.182 Channel migration zone. 21 A.06.185 Church, synagogue or temple. 21A.06.190 Classrooms, school. 21A_06.195 Clearing. 21A.06.196 Clustering. 21A.06.197 Coal mine by-product stockpiles. 21A.06.200 Coal mine hazard area. 21A.06,205 Cogeneration. 21A.06.210 Communication facility, major. 21A.06.215 Communication facility, minor. 21A.06.217 Community identification sign_ 21A.06.220 Community residential facility (" CRF). 21A.06.223 Commuter parking lot. 21A.06.225 Compensatory storage. 21A.06.230 Conditional use permit. 21A.06.235 Conference center. 21A.06.240 Confinement area. 21A.06.245 Consolidation. 21A,06.247 Construction and trades. 21A.06250 Construction cost per student, school. 21 A.06.252 Conversion factor. 21A.06.253 County fairground facility. 21A.06.253C Critical aquifer recharge area. 21A.06.254 Critical area. 21A.06.255 Critical drainage area. 21A.06.260 Critical facility. 21A.06,262 Daily care. 21A.06,265 Daycare_ 21A.06.270 Deciduous. 21A.06.275 Development rights, transfer of ("TDR"). 21A.06.280 Department. 21A.06285 Department and variety store. 21A.06.290 Destination resort. 21 A.06.295 Developer or applicant. 21A.06.300 Development activity. 21A.06.305 Development agreement. 21A.06.310 Development proposal. 21A.06.315 Development proposal site. 21A.06.320 Direct traffic impact. 21A.06.325 Director_ 21 A.06.326 Ditch. 21A.06.328 Dog training facility. 21A.06.330 Dormitory. 21A.06.331 Draft flood boundary work map. 21A,06.332 Drainage basin. 21A.06.332C Drainage facility. 21A.06.333 Drainage subbasin. 21A.06.334 Drift cell. 21A-26 (King County 9-2007) ZONING 21A.06.335 Drop box facility. 21A.06.340 Drug store. 21A.06.345 Dwelling unit. (King County 9-2007) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.350 Dwelling unit, accessory. 21A.06.355 Dwelling unit, apartment. 21A.06.358 Dwelling unit, cottage housing. 21A.06.365 Dwelling unit, single detached. 21A.06.370 Dwelling unit, townhouse. 21A.06.375 Earth station. 21A.06.378 Ecosystem. 21A.06.380 Effective radiated power. 21A.06.390 Electrical substation_ 21 A.06.392 Emergency. 21A.06.395 Energy resource recovery facility_ 21A,06.398 Engineer, civil, geotechnical and structural. 21A.06.400 Enhancement. 21A.06.405 Equipment, heavy. 21A.06.410 Erosion. 21A.06.415 Erosion hazard area. 21 A,06.420 Evergreen. 21A.06.425 Examiner. 21A.06.427 Expansion. 21A.06.430 Fabric shop. 21A.06.435 Facilities standard. 21A.06.440 Factory -built commercial building. 21A.06.445 Fairground. 21A.06.450 Family. 21A.06.451 Farm field access drive- 2 1 A-06,452 Feasible. 21A.06.453 Federal Emergency Management Agency. 21A.06.454 FEMA. 21A.06.455 Federal Emergency Management Agency ("FEMA") floodway. 21A.06.460 Feed store. 21 A.06.464 Fen. 21 A.06.465 Fence. 21A.06.467 Financial guarantee. 21A.06.470 Flood fringe, zero -rise. 21A,06.475 Flood hazard areas. 21A.06.476 Flood hazard boundary map. 21A.06.478 Flood hazard data. 21A.06.480 Flood Insurance Rate Map. 21 A.06.485 Flood Insurance Study for King County. 21A.06.490 Flood protection elevation. 21A.06.492 Flood protection facility. 21A.06.495 Floodplain. 21A.06.500 Fioodproofing, dry. 21A.06,505 Floodway, zero -rise. 21A.06.510 Florist shop. 21A.06.512 Footprint. 21A.06.513 Footprint, development 21A.06.515 Forest land. 21A.06.520 Forest practice. 21A.06.522 Forest practice, class IV-G nonconversion. 21A.06.525 Forest product sales. 21A.06.530 Forest research. 21A.06.533 Fully contained community (FCC)- 2 1 A-27 21A.06 21A.06 21A.06.535 Furniture and home furnishings store. 21A.06.540 General business service. 21A.06.545 Geologist. 21A.06.555 Golf course facility. 21A.06.558 Grade. 21A.06.560 Grade span. 21A.06.565 Grading. 21A,06,570 Grazing area. 21A.06.575 Groundcover. 21A.06.577 Habitat. 21A.06.578 Habitat, fish, 21A.06.580 Hazardous household substance. 21A.0£.582 Hazardous liquid and gas transmission pipeline. 21A.06.585 Hazardous substance. 21A.06.590 Heavy equipment and truck repair. 21A.06.595 Helistop. 21A.06.597 Historic resource. 21A.06.598 Historic resource inventory. 21A.06.599 Historical flood hazard information. 21A.06.600 Hobby, toy, and game shop. 21A.06.605 Home industry. 21A.06.610 Home occupation. 21A.06.615 Household pets- 21 A. 06.620 Hydroelectric generation facility, 21A.06.625 Impervious surface. 21 A.06.628 Impoundment. 21A.06.630 Improved public roadways. 21A.06.635 Individual transportation and taxi. 21A.06.637 Infiltration rate_ 21A.06.638 Instream structure. 21A.06.640 Interim recycling facility. 21A.06.641 Interlocal agreement. 21 A.06.641 C Invasive vegetation. 21A.06.642 Irrigation efficiency. 21A.06.645 Jail. 21A.06.650 Jail farm. 21A.06.655 Jewelry store. 21A.06.658 Joint use driveway_ 21A.06.660 Kennel. 21A.06.661 Kennel -free dog boarding and daycare. 21A.06.662 Kitchen or kitchen facility. 21A.06.665 Landfill. 21A.06.667 Landscape water features. 21A.06.670 Landscaping. 21A.06.675 Landslide. 21A.06.680 Landslide hazard area. 21A.06.682 Large active recreation and multiuse park. 21A.06.683 Letter of map amendment. 21 A.06.684 Letter of map revision_ 21A.06,685 Level of service ("LOS), traffic. 21A.06.690 Light equipment. 21 A_06.695 Livestock. 21A.06.700 Livestock, large. 21A.06.705 Livestock, small. 21A.06.710 Livestock sales. 21A.06.715 Loading space. 21 A-28 (King County 3-2008) ZONING 21A.06.720 Log storage. 21A.06.725 Lot. (King County 3-2008) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.730 Lot line, interior. 21A.06.731 Maintenance. 21A.06.732 Manufactured home or mobile home. 21 A.06.734 Mapping partner. 21A.06.735 Marina. 21A.06.740 Material error. 21A.06.742 Materials processing facility. 21A.06.743 Maximum extent practical. 21A.06.745 Microwave. 21A.06.750 Mitigation. 21 A.06.751 Mitigation bank. 21A.06.752 Mitigation banking. 21A.06.753 Mixed -use development. 21A.06.755 Mobile home. 21A.06.760 Mobile home park. 21A.06.765 Monitoring. 21A.06.770 Monuments, tombstones, and gravestones sales. 21A.06.775 Motor vehicle, boat and mobile home dealer. 21A.06.780 Motor vehicle and bicycle manufacturing. 21 A.06.782 Mulch. 21A.06.785 Municipal water production. 21A.06.790 Native vegetation. 21A.06,795 Naturalized species. 21A.06.797 Net buildable area. 21A.06.800 Nonconformance- 21 A-06.805 Nonhydro-electric generation facility. 21A.06.810 Non -ionizing electromagnetic radiation ("NIER"). 21A.06.815 Noxious weed. 21A.06.817 Off-street required parking lot. 21A,06.819 Open space. 21A.06.820 Open-work fence. 21A.06.825 Ordinary high water mark. 21A.06.830 Outdoor performance center. 21A.06.831 Overburden -cover -to -seam -thickness ratio. 21 A,06.832 Overspray. 21A.06.835 Park. 21A.06.840 Park service area. 21A.06.845 Parking lot aisle. 21A.06.850 Parking lot unit depth. 21A.06.855 Parking space. 21A.06.860 Parking space angle. 21A.06.865 Party of record. 21A.06.870 Peak hour. 21A.06.875 Permanent school facilities. 21A.06.880 Personal medical supply store. 21A.06.885 Pet shop. 21A.06.890 Photographic and electronic shop. 21A.06.895 Plant associations of infrequent occurrence. 21A.06.897 Plant factor. 21A.06.899 Potable water- 21 A.06.899C Preliminary flood insurance rate map. 21A.06.899E Preliminary flood insurance study. 21 A.06.900 Private. 21 A-29 21 A.06 21A.06.908 Processing operation, waste materials. 21 A.06.910 Professional office. 21A,06.915 Public agency. 21A.06.920 Public agency animal control facility. 21 A.06.925 Public agency archive. 21A.06.930 Public agency or utility office. 21A.06.935 Public agency or utility yard. 21A.06.940 Public agency training facility. 21A.06.942 Public road right-of-way structure. 21A.06.943 Public transportation amenities. 21A.06.944 Puget Sound counties. 21A.06.945 Radio frequency. 21A.06.950 Reasonable use. 21A,06.955 Receiving site. 21A.06.957 Reclamation. 21A.06.958 Recreation, active. 21A.06.9585 Recreation, passive. 21A.06.959 Recreation facilities, passive. 21A.06.960 Recreational vehicle ("RV"). 21A.06.965 Recreational vehicle parks. 21A.06.970 Recyclable material. 21A.06.972 Reference evapotranspiration (Eto). 21A.06.974 Regional road maintenance guidelines. 21A.06.980 Regional utility corridor. 21A.06.985 Relocatable facilities cost per student. 21A.06.990 Relocatable facility. 21A.06.995 Relocation facilities. 21A.06.997 Repair, 21A.06.998 Replace. 21A.06.1000 Restoration. 21A.06.1002 Resource land tract. 21A.06.1005 Retail comparison. 21A.06.1010 Retail convenience. 21A.06.1011 Retaining wall. 21A.06.1011A Road amenities. 21A_06.1011C Roadway. 21A.06.1012 Runoff. 21A.06.1013 Rural equestrian community trail. 21A.06.1014 Rural forest focus areas. 21A.06.1015 Salmonid. 21A,06.1020 School bus base. 21A.06.1025 School district. 21 A.06.1030 School district support facility. 21A.06.1035 Schools, elementary, and middle/junior high. 21A.06.1040 Schools, secondary or high school_ 21A.06.1043 Secure community transition facility ("SCTF") 21A_06.1045 Seismic hazard area. 21A.06.1050 Self-service storage facility. 21A.06.1055 Sending site. 21A.06.1060 Senior citizen. 21A.06.1062 Senior citizen assisted housing. 21 A.06.1070 Setback. 21 A.06.1075 Shelters for temporary placement. 21A,06,1080 Shooting range. 21A.06.1082 Shoreline. 21A.06.1084 Side channel. 21 A-30 (King County 12-2006) ZONING 21A.06.1085 Sign- 21 A.06.1090 Sign, awning. 21A.06.1095 Sign, changing message center. (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.1100 Sign, community bulletin board. 21A.06.1105 Sign, directional. 21A.06.1110 Sign, freestanding. 21A.06.1115 Sign, fuel price. 21A.06,1120 Sign, incidental. 21A.06.1125 Sign, indirectly illuminated. 21A.06.1130 Sign, monument. 21A.06.1135 Sign, off -premise directional. 21A.06.1140 Sign, on -premise. 21A_06.1145 Sign, permanent residential development identification. 21A.06.1150 Sign, portable. 21A.06.1155 Sign, projecting. 21A.06.1160 Sign, time and temperature. 21A.06.1165 Sign, wall. 21A.06.1167 Significant tree. 21A,06.1170 Site. 21A.06.1172 Site area. 21A.06.1175 Site cost per student. 21A.06.1177 SITUS file. 21 A.06.1180 Ski area. 21 A.06.1182 Slope. 21A.06.1185 Sail recycling facility. 21A.06.1190 Source -separated organic material. 21A.06.1195 Special use permit. 21A.06.1200 Specialized instruction school. 21A.06.1205 Specified sexual activities. 21A.06.1210 Sporting goods store. 21A.06.1215 Sports club. 21A.06.1220 Stable. 21A.06.1225 Standard of service, school districts. 21A.06A 230 Steep slope hazard area. 21A.06.1235 Stream functions. 21A.06.1240 Stream. 21A.06.1245 Street. 21A.06.1250 Street frontage. 21A.06.1255 Structure. 21A.06.1260 Student factor. 21A.06.1265 Submerged land. 21A.06.1270 Substantial improvement. 21A.06.1271 Surface water conveyance. 21A.06.1272 Surface water discharge. 21 A,06.1273 TDR. 21A.06.1273A TDR amenities. 21A.06.1273B TDR bank fund. 21 A.06.1273C TDR conversion ratio. 21 A.06.1273D TDR executive board. 21A.06.1274 TDR extinguishment document. 21A.06.1275 Temporary use permit. 21A.06.1277 Theater. 21A,06.1278 Theatrical production services. 21A.06.1280 Tightfine sewer. 21A.06.1285 Trails. 21A.06.1290 Transfer station. 21 A-31 21 A.06 21A.06.1295 Transit base. 21A.06.1305 Transitional housing facilities. 21A.06.1310 Transmission equipment. 21A.06.1315 Transmission line booster station. 21 A.06 21A.06.1320 Transmission support structure. 21A.06.1325 Transmitter building_ 21A.06.1330 Transportation system management ("TSM"). 21A.06A331 Tree, hazard, 21A.06.1332 Trough subsidence. 21A.06.1335 Ultimate roadway section. 21A.06.1340 Urban Plan Development (UPD). 21A.06.1345 Use. 21A.06.1348 Utility corridor. 21A.06.1350 Utility facility. 21A.06.1352 Vactor waste. 21A.06.1353 Vactor waste receiving facility. 21A.06.1355 Variance. 21A06.1360 Vegetation, 21A.06.1365 Vocational school. 21A.06.1370 Volcanic hazard area. 21A.06,1375 Warehousing and wholesale trade. 21A.06.1380 Wastewater treatment facility. 21A.06.1382 Water budget. 21A.06.1385 Water dependent use. 21A.06.1390 Wet meadow, grazed or tilled. 21A.06.1391 Wetland. 21A.06.1392 Wetland complex. 21A.06.1393 Wetland creation. 21A.06.1395 Wetland edge. 21A.06.1397 Wetland enhancement. 21A.06.1400 Wetland, forested. 21A.06.1405 Wetland functions. 21A.06.1414 Wetland reestablishment. 21A.06.1416 Wetland rehabilitation_ 21A.06.1418 Wetland vegetation class_ 21A.06.1420 Wetpond. 21AA6.1422 Wildlife. 21A.06.1423 Wildlife habitat conservation area. 21A.06.1424 Wildlife habitat network. 21A.06.1425 Wildlife shelter. 21A.06.1430 Work release facility. 21A.06.1432 Wrecked, dismantled or inoperative vehicle. 21A.06.1435 Yard waste processing facility. 21A.06.1440 Zoo animal breeding facility. (King County 12-2006) ZONING 21 A-32 (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.005 - 21 A.06.025 21A.06.005 Scope of chapter. This chapter contains definitions of technical and procedural terms used throughout the code and definitions of land uses listed in tables in K.C.C. 21A.08. The definitions in this chapter supplement the standard Industrial Classification Manual (SIC). See K.C.C. 21A.02 for rules an interpretation of the code, including use of these definitions. Development standards are found in K.C.C. 21A.12 through K.C.C. 21A.38. (Ord. 10870 § 41, 1993). 21A.06.007 Abandoned vehicle. An "abandoned vehicle" means any vehicle left upon the property of another without the consent of the owner of such property for a period of twenty-four hours or longer, except that a vehicle shall not be considered abandoned if its owner or operator is unable to remove it from the place where it is located and so notifies law enforcement officials and requests assistance. (Ord. 12024 § 10, 1995). 21A.06.010 Accessory living quarters. Accessory living quarters: living quarters in an accessory building for the use of the occupant or persons employed on the premises, or for temporary use of guests of the occupant. Such quarters have no kitchen and are not otherwise used as a separate dwelling unit_ (Ord. 10870 § 42, 1993). 21A.06.015 Accessory use, commerciallindustrial. Accessory use, commerciallindustrial: A. A use that is subordinate and incidental to a commercial or industrial use; including, but not limited to the following uses: 1. Administrative offices; 2. Employee exercise facilities; 3. Employee food service facilities; 4. Incidental storage of raw materials and finished products sold or manufactured on -site; 5. Business owner or caretaker residence; 6. Cogeneration facilities; and 7. Ground maintenance facilities. B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 10870 § 43, 1993). 21A.06.020 Accessory use, residential. Accessory use, residential: A. A use, structure, or activity which is subordinate and incidental to a residence including, but not limited to the following uses: 1. Accessory living quarters and dwellings; 2. Falloutibomb shelters; 3. Keeping household pets; 4. On -site rental office; 5. Pools, private docks, piers; 6. Antennae for private telecommunication services; 7. Storage of yard maintenance equipment; or 8. Storage of private vehicles, e.g. motor vehicles, boats, trailers or planes; 9. Greenhouses. B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 11621 § 29, 1994: Ord. 10870 § 44, 1993). 21A.06.025 Accessory use, resource. Accessory use, resource: A. A use, structure, or part of a structure, which is customarily subordinate and incidental to a resource use including, but not limited to the following uses: 1. Housing of agricultural workers; or 2. Storage of agricultural products or equipment used on site. B. Some accessory uses within the scope of this section may be defined separately to enable the code to apply different conditions of approval. (Ord. 10870 § 45, 1993). 21 A---33 (King County 3-2005) 21A.06,026 - 21A.06.056 ZONING 21A.06.026 Active recreation space. Active recreation space: recreation space that recognizes a higher level of public use than passive recreation space, and that will be developed for organized or intense recreation. Active recreation site includes both the active recreation uses and all necessary support services and facilities. (Ord. 14045 § 3, 2001). 21A.06.027 Adjustment factor. Adjustment factor: a factor that when applied to the reference evapotranspiration, adjusts for plant factors and irrigation efficiently. (Ord_ 11210 § 22, 1994). 21A.06.035 Adult entertainment business. Adult entertainment business: An adult club, adult arcade or adult theatre as those terms are defined in the adult entertainment licensing provisions in K.C.C. Title 6. (Ord. 13546 § 2, 1999: Ord. 10870 § 47, 1993). 21A.06.037 Agricultural drainage. Agricultural drainage: any stream, ditch, tile system, pipe or culvert primarily used to drain fields for horticultural or livestock activities. (Ord. 15051 § 3, 2004). 21A.06.040 Agricultural product sales. Agricultural product sales: the retail sale of items resulting from the practice of agriculture, including primary horticulture products such as fruits, vegetables, grains, seed, feed and plants, primary animal products such as eggs, milk and meat, or secondary and value added products resulting from processing, sorting or packaging of primary agricultural products such as jams, cheeses, dried herbs or similar items. (Ord_ 15032 § 1, 2004: Ord. 10870 § 48, 1993). 21A.06.042 Agriculture training facility. Agriculture training facility: an establishment developed for use by the property owner, its employees, and/or agricultural trainees for training activities which are related to or supportive of the agricultural use of the property and surrounding agricultural activities. Agriculture training facilities may include overnight lodging, meeting rooms, and educational activities. (Ord. 12691 § 1, 1997). 21A.06.045 Aircraft, ship and boat manufacturing. Aircraft, ship and boat manufacturing: the fabrication and/or assembling of aircraft, ships or boats, including only uses located in SIC Industry Group Nos.: A. 372-Aircraft and Parts; and B. 373-Ship and Boat Building and Repairing. (Ord. 10870 § 49, 1993). 21A.06.050 Airport/hel!port. Airportiheliport: any runway, landing area or other facility, excluding facilities for the primary use of the individual property owner which are classified as helistops, designed or used by public carriers or private aircraft for the landing and taking off of aircraft, including the following associated facilities: A. Taxiways; B. Aircraft storage and tie -down areas; C. Hangars; D. Servicing; and E. Passenger and air freight terminals. (Ord_ 10870 § 50, 1993). 21A.06.055 Alley. Alley: an improved thoroughfare or right-of-way, whether public or private, usually narrower than a street, that provides vehicular access to an interior boundary of one or more lots, and is not designed for general traffic circulation. (Ord. 10870 § 51, 1993). 21A.06.056 Alteration. Alteration: any human activity that results or is likely to result in an impact upon the existing condition of a critical area or its buffer. "Alteration" includes, but is not limited to, grading, filling, dredging, channelizing, applying herbicides or pesticides or any hazardous substance, discharging pollutants except stormwater, grazing domestic animals, paving, constructing, applying 21 A-34 gravel, modifying topography for surface water management purposes, cutting, pruning, topping, trimming, relocating or removing vegetation or any other human activity that results or is likely to result in an impact to existing vegetation, hydrology, fish or wildlife or their habitats. "Alteration" does not include passive recreation such as walking, fishing or any other similar activities. (Ord. 15051 § 5, 2004: Ord. 10870 § 466, 1993. Formerly K.C_C. 21A.24.190). (King County 3-2005) TECHNICAL TERMS AND LAND USE DEFINITIONS 21 A.06.057 - 21 A.06.087 21A.06.057 Alternative water sources. Alternative water sources: stored rainwater, or treated or recycled waste water of a quality suitable for uses such as landscape irrigation. Such water is not considered potable. (Ord. 11210 § 23, 1994). 21A.06.060 Amusement arcades. Amusement arcades: a building or part of a building in which five or more pinball machines, video games, or other such player -operator amusement devices (excluding juke boxes or gambling -related machines) are operated. (Ord. 10870 § 52, 1993). 21A.06.065 Animal, small. Animal, small: any animal other than livestock or animals considered to be predatory or wild which are kept outside a dwelling unit all or part of the time. Animals considered predatory or wild, excluding those in zoo animal breeding facilities, shall be considered small animals when they are taken into captivity for the purposes of breeding, domestication, training, hunting or exhibition. (Ord. 12709 § 1, 1997: Ord. 10870 § 53, 1993). 21A.06.067 Antenna. Antenna: any system of poles, panels, rods, reflecting discs or similar devices used for the transmission or reception or radio frequency signals. (Ord. 13129 § 20, 1998). 21A.06.070 Applicant. Applicant: a property owner, a public agency or a public or private utility that owns a right-of-way or other easement or has been adjudicated the right to such an easement under RCW 8.08.040, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval. (Ord. 15051 § 6, 2004: Ord. 12196 § 53, 1996: Ord. 11700 § 42, 1995: Ord. 10870 § 54, 1993). 21A.06.072 Application rate. Application rate: the depth of water applied to an area expressed in inches per hour. (Ord. 11210 § 24, 1994). 21A.06.072G Aquatic area. Aquatic area: any nonwetland water feature including all shorelines of the state, rivers, streams, marine waters, inland bodies of open water including lakes and ponds, reservoirs and conveyance systems and impoundments of these features if any portion of the feature is formed from a stream or wetland and if any stream or wetland contributing flows is not created solely as a consequence of stormwater pond construction. "Aquatic area" does not include water features that are entirely artificially collected or conveyed storm or wastewater systems or entirely artificial channels, ponds, pools or other similar constructed water features. (Ord. 15051 § 7, 2004). 21A.06.073 Artist studio. Artist studio: an establishment providing a place solely for the practice or rehearsal of various performing or creative arts: including, but not limited to, acting, dancing, singing, drawing, painting and sculpting. (Ord. 13022 § 1, 1998). 21A.06.075 Auction house. Auction house: an establishment where the property of others is sold by a broker or auctioneer to persons who attend scheduled sales periods or events. (Ord. 10870 § 55, 1993). 21A.06.078 Bank stabilization. Bank stabilization: an action taken to minimize or avoid the erosion of materials from the banks of rivers and streams. (Ord. 15051 § 8, 2004). 21A.06.080 Base flood. Base flood: a flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the "100-year flood." (Ord. 10870 § 56, 1993). 21A.06.085 Base flood elevation. Base flood elevation: the water surface elevation of the base flood in relation to the National Geodetic Vertical Datum of 1929. (Ord_ 10870 § 57, 1993). 21 A-35 21A.06.087 Basement. Basement; for purposes of development proposals in a flood hazard area, any area of a building where the floor subgrade is below ground level on all sides (Ord. 15051 § 9, 2004). (King County 3-2005) 21 A.06.090 - 21 A.06.122 ZONING 21 A.06.090 Bed and breakfast guesthouse. Bed and breakfast guesthouse: a dwelling unit or accessory building within which bedrooms are available for paying guests. (Ord_ 10870 § 58, 1993). 21A.06.095 Beehive. Beehive: a structure designed to contain one colony of honey bees (apis mellifera). (Ord. 10870 § 59, 1993). 21 A.06.097 Berm. Berm: a constructed area of compacted earth. (Ord. 12987 § 1, 1998) 21A.06.098 Best management practice. Best management practice; a schedule of activities, prohibitions of practices, physical structures, maintenance procedures and other management practices undertaken to reduce pollution or to provide habitat protection or maintenance. (Ord. 15051 § 10, 2004). 21A.06.100 Billboard. Billboard: a sign, including both the supporting structural framework and attached billboard faces, used principally for advertising a business activity, use, product, or service unrelated to the primary use or activity of the property on which the billboard is located; excluding off - premise directional, or temporary real estate signs. (Ord. 10870 § 60, 1993). 21A.06.105 Billboard face. Billboard face: that portion of a billboard, exclusive of its structural support, on which changeable advertising copy is displayed, either by affixing preprinted poster panels or by painting copy on location; subclassified as follows; A. Billboard face I -- a billboard face not exceeding a height of 14 feet or a width of 48 feet, and may also include temporary and irregularly shaped extensions subject to the area and duration limitations in K.C.C. 21A.20; and B. Billboard face Il -- a billboard face not exceeding a height of 12 feet or a width of 24 feet. (Ord. 10870 § 61, 1993). 21A.06.108 Bioengineering. Bioengineering: the use of vegetation and other natural materials such as soil, wood and rock to stabilize soil, typically against slides and stream flow erosion. When natural materials alone do not possess the needed strength to resist hydraulic and gravitational forces, "bioengineering" may consist of the use of natural materials integrated with human -made fabrics and connecting materials to create a complex matrix that joins with in -place native materials to provide erosion control. (Ord. 15051 § 11, 2004). 21A.06.113 Bog. Bog: a wetland that has no significant inflows or outflows and supports acidophilic mosses, particularly sphagnum. (Ord. 15051 § 13, 2004). 21A.06.115 Book, stationery, video and art supply store. Book, stationery, video and art supply store: an establishment engaged in the retail sale of books and magazines, stationery, records and tapes, video and art supplies, including only uses located in SIC Industry Nos.; A. 5942-Book Stores; B. 5943-Stationery Stores; C_ 5999-Architectural Supplies and Artists' Supply and Materials Stores; D. 7841-Video tape rental; E. 5735-Record, compact disc and prerecorded tape stores; and F. 5736-Musical Instrument stores. (Ord. 10870 § 63, 1993). 21A.06.120 Broadleaf tree. Broadleaf tree: a tree characterized by leaves that are broad in width and may include both deciduous and evergreen species. (Ord. 10870 § 64, 1993). 21 A---36 21A.06.122 Buffer. Buffer: a designated area contiguous to a steep slope or landslide hazard area intended to protect slope stability, attenuation of surface water flows and landslide hazards or a designated area contiguous to and intended to protect and be an integral part of an aquatic area or wetland. (Ord. 15051 § 14, 2004: Ord. 10870 § 70, 1993). (King County 3-2005) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06A25 - 21 A.06.170 21A.06.125 Building. Building: any structure having a roof_ (Ord. 10870 § 65, 1993). 21A.06.135 Building envelope. Building envelope: area of a Jot that delineates the limits of where a building may be placed on the lot. (Ord. 10870 § 67, 1993). 21A.06.140 Building facade. Building facade: that portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation_ (Ord. 10870 § 68, 1993). 21A.06.145 Building, hardware and garden materials store. Building, hardware and garden materials store, an establishment engaged in selling lumber and other building materials, feed, or lawn and garden supplies; including, but not limited to uses located in SIC Major Group No. 52-Building Materials, Hardware, Garden Supply, excluding Mobile Home Dealers. (Ord. 10870 § 69, 1993). 21A.06.150 Bulk gas storage tanks. Bulk gas storage tanks: A tank from which illuminating, heating, or liquefied gas is distributed by piping directly to individual users. (Ord. 11157 § 29, 1993). 21A.06.155 Bulk retail. Bulk retail: an establishment offering the safe of bulk goods to the general public, including limited sales to wholesale customers. These establishments offer a variety of lines of merchandise including but not limited to: food, building, hardware and garden materials, dry goods, apparel and accessories, home furnishings. housewares, drugs, auto supplies, hobby, toys, games, photographic, and electronics. (Ord. 10870 § 71, 1993). 21A.06.158 Camp, agriculture -related special needs. Camp, agriculture -related special needs: An establishment primarily engaged in operating a camp for youths with special needs due to a disability, as defined by the American with Disabilities Act of 1990, or due to medical conditions, that engages in activities that are related to or coexist with agriculture and agricultural activities onsite. Agriculture -related special needs camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. (Ord. 15909 § 1, 2007). 21A.06.160 Campground. Campground: an area of land developed for recreational use in temporary occupancy, such as: tents or recreational vehicles without hook-up facilities. (Ord. 10870 § 72, 1993). 21A.06.162 Camps, recreational and retreat. Camps, recreational and retreat: Establishments primarily engaged in operating recreational and retreat camps that offer a variety of active recreational activities such as trail riding, hiking, hunting, water -related activities such as swimming, kayaking, canoeing, rafting and fishing, and other similar outdoor activities, as well as, more passive activities based on the enjoyment of the natural setting. Recreational and retreat camps may provide overnight accommodation facilities, such as cabins and designated campsites, and other amenities for site users, such as meeting and assembly spaces, food services, recreational facilities and equipment and medical/health stations. Recreational and retreat camps do not include establishments that have as a primary purpose the treatment of addictions, correctional or disciplinary training, or housing for homeless persons. (Ord. 15606 § 4, 2006. Ord. 15245 § 1, 2005). 21A.06.165 Capacity, school. Capacity, school: the number of students a school district's facilities can accommodate district -wide, based on the district's standard of service, as determined by the school district. (Ord. 10870 § 73, 1993). 21 A---37 21A.06.170 Capital facilities plan, school. Capital facilities plan, school: a district's facilities plan adopted by the school board consisting of: A. A forecast of future needs for school facilities based on the district's enrollment projections; B. The long-range construction and capital improvements projects of the district; C. The schools under construction or expansion; D. The proposed locations and capacities of expanded or new school facilities; (King County 9-2007) 21A.06.170 - 21A.06.185 ZONING E. At least a six -year financing plan component, updated as necessary to maintain at least a six - year forecast period, for financing needed school facilities within projected funding levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; F. Any other long-range projects planned by the district. G. The current capacity of the district's school facilities based on the districts adopted standard of service, and a plan to eliminate existing deficiencies, if any, without the use of impact fees; and 1993}. H. An inventory showing the location and capacity of existing school facilities. (Ord. 10870 § 74, 21A.06.172 Catastrophic collapse. Catastrophic collapse: The collapse of the ground surface by overburden caving into underground voids created by mining. Catastrophic collapse does not include the effects from trough subsidence. (Ord. 13319 § 2, 1998). 21A.06.175 Cattery. Cattery: a place where adult cats are temporarily boarded for compensation, whether or not for training. An adult cat is of either sex, altered or unaltered, that has reached the age of six months. (Ord. 10870 § 75, 1993). 21A.06.180 Cemetery, columbarium or mausoleum. Cemetery, columbarium or mausoleum; land or structures used for interment of the dead or their remains. For purposes of the code, pet cemeteries are considered a subclassification of this use. (Ord. 10870 § 76, 1993). 21A.06.181 Channel. Channel: a feature that contains and was formed by periodically or continuously flowing water confined by banks. (Ord_ 15051 § 15, 2004). 21A.06.181C Channel edge. Channel edge: The outer edge of the water's bankfull width or, where applicable, the outer edge of the associated channel migration zone. (Ord, 15051 § 16, 2004). 21A.06.181E Channel migration hazard area, moderate. Channel migration hazard area, moderate: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that lies between the severe channel migration hazard area and the outer boundaries of the channel migration zone. (Ord. 15051 § 17, 2004). 21A.06.181G Channel migration hazard area, severe. Channel migration hazard area, severe: a portion of the channel migration zone, as shown on King County's Channel Migration Zone maps, that includes the present channel. The total width of the severe channel migration hazard area equals one hundred years times the average annual channel migration rate, plus the present channel width. The average annual channel migration rate as determined in the technical report, is the basis for each Channel Migration Zone map. (Ord. 15051 § 18, 2004). 21A.06.182 Channel migration zone. Channel migration zone: those areas within the lateral extent of likely stream channel movement that are subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the location of stream channels, as shown on King County's Channel Migration Zone maps. "Channel migration zone" means the corridor that includes the present channel, the severe channel migration hazard area and the moderate channel migration hazard area. "Channel migration zone" does not include areas that lie behind an arterial road, a public road serving as a sole access route, a state or federal highway or a railroad, "Channel migration zone" may 21 A--38 exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. (Ord. 15051 § 19, 2004: Ord. 11621 § 20, 1994). 21A.06.185 Church, synagogue or temple. Church, synagogue or temple: a place where religious services are conducted, including those uses located in SIC Industry No. 866 and including accessory uses in the primary or accessory buildings such as religious education, reading rooms, assembly rooms, and residences for nuns and clergy. This definition does not include facilities for training of religious orders. (Ord. 10870 § 77, 1993). (King County 9-2007) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.190 - 21A.06.220 21A.06.190 Classrooms, school. Classrooms, school: educational facilities of the district required to house students for its basic educational program. The classrooms are those facilities the district determines are necessary to best serve its student population. Specialized facilities as identified by the district, including but not limited to gymnasiums, cafeterias, 4ibraries, administrative offices, and child care centers, shall not be counted as classrooms. (Ord. 10870 § 78, 1993). 21A.06.195 Clearing. Clearing: cutting, killing, grubbing or removing vegetation or other organic plant material by physical, mechanical, chemical or any other similar means. For the purpose of this definition of "clearing," "cutting" means the severing of the main trunk or stem of woody vegetation at any point. (Ord, 15051 § 20, 2004; Ord. 10870 § 79, 1993). 21A.06.196 Clustering. Clustering: development of a subdivision at the existing zoned density that reduces the size of individual lots and creates natural open space for the preservation of critical areas, parks and permanent open space or as a reserve for future development. (Ord. 15606 § 5, 2006). 21A.06.197 Coal mine by-products stockpiles. Coal mine by-products stockpiles: an accumulation, greater than five hundred cubic yards and five feet of vertical depth, of undisturbed waste and/or byproduct materials having greater than fifty percent, as measured by weight, of mineral coal or coal shale as a component and which resulted from historic coal mining. (Ord. 13319 § 3, 1998). 21A.06.200 Coal mine hazard area. Coal mine hazard area: an area underlain or directly affected by operative or abandoned subsurface coal mine workings. (Ord. 15051 § 21, 2004: Ord. 13319 § 1, 1998: Ord. 10870 § 80, 1993). 21A.06.205 Cogeneration. Cogeneration: the sequential generation of energy and useful heat from the same primary source or fuel for industrial, commercial, or residential heating or cooling purposes. (Ord. 10870 § 81, 1993). 21A.06.210 Communication facility, major. Major communication facility: a communication facility for transmission and reception of: A. UHF and VHF television signals; or B. FM or AM radio signals. (Ord. 10870 § 82, 1993). 21A.06.215 Communication facility, minor. Minor communication facility: a communication facility for transmission and reception of: A. Two-way and/or citizen band ("CB") radio signals; B. Point-to-point microwave signals; C. Cellular radio signals; D. Signals through FM radio translators; or E. Signals through FM radio boosters under ten watts effective radiated power ("ERP"). (Ord. 10870 § 83, 1993). 21A.06.217 Community identification sign. Community identification sign: a sign identifying the location of a community or geographic area such as unincorporated activity centers or rural towns designated by the comprehensive plan or communities recognized and delineated by a recognized unincorporated area council. (Ord. 13022 § 2, 1998). 21A.06.220 Community residential facility ("CRF"). Community residential facility ("CRF"): living quarters meeting applicable federal and state standards that function as a single housekeeping unit and provide supportive services, including but not limited to counseling, rehabilitation and medical supervision, excluding drug and alcohol detoxification which is classified in K.C.G. 21A.08.050 as health services, and excluding a secure community transition facility as defined in R.C.W. 71.09.020 and in this chapter. For purposes of domestic violence shelters, minors living with a parent shall not be counted as part of the maximum number of residents. CRFs are further classified as follows: A. CRF-I -- Nine to ten residents and staff; B. CRF-II -- Eleven or more residents and staff. If staffed by nonresident staff, each twenty-four staff hours per day equals one full-time residing staff member for purposes of subclassifying CRFs. (Ord. 16040 § 2, 2008: Ord. 14503 § 1, 2002: Ord. 10870 § 84, 1993). (King County 3-2008) 21 A.06.223 - 21 A.06.2 53 ZONING 21A.06.223 Commuter parking lot. Commuter parking lot: vehicle parking specifically for the purpose of access to a public transit system or for users of carpools or vanpools. (Ord, 13022 § 3, 1998). 21A.06.225 Compensatory storage. Compensatory storage: new, excavated storage volume equivalent to any flood storage which is eliminated by building filling or grading within the flood plain. For the purpose of this definition, equivalent flood storage capacity is that which is replaced by equal volume between corresponding one -foot contour intervals which are hydraulically connected to the floodway through their entire depth. (Ord. 10870 § 85, 1993). 21A.06.230 Conditional use permit. Conditional use permit: permit granted by the county to locate a permitted use on a particular property subject to conditions placed on the permitted use to ensure compatibility with nearby land uses. (Ord. 10870 § 86, 1993). 21A.06.235 Conference center. Conference center: an establishment developed primarily as a meeting facility, including only facilities for recreation, overnight lodging, and related activities provided for conference participants. (Ord. 10870 § 87, 1993). 21A.06.240 Confinement area. Confinement area. A confinement area is any open land area in which livestock are kept where the forage does not meet the definition of a grazing area. (Ord. 11157 § 2, 1993: Ord. 10870 § 88, 1993). 21A.06.245 Consolidation. Consolidation: the relocation to a consolidated transmission structure of the main transmit antennae of two or more FCC broadcast licensees which prior to such relocation utilized transmission structures located within a 1500 foot radius of the center of the consolidated transmission structure to support their main transmit antennae. (Ord. 10870 § 89, 1993). 21A.06.247 Construction and trades. Construction and trades: establishments that provide services related to construction of buildings and infrastructure, and other improvements to property, Such establishments include, SIC Major group no.'s 15-17, and SIC Industry group no. 078 (Landscape and Horticultural Services). (Ord. 12243 § 4, 1996). 21A.06.250 Construction cost per student, school. Construction cost per student, school: the estimated cost of construction of a permanent school facility in the district for the grade span of school to be provided, as a function of the district's facilities standard per grade span and taking into account the requirements of students with special needs. (Ord. 10870 § 90, 1993). 21A.06.252 Conversion factor. Conversion factor: a number that converts the water budget allowance from acre -inches per acre per year to gallons per square foot per year or cubic feet per year. (Ord. 11210 § 25, 1994). 21A.06.253 County fairground facility. County fairground facility: a site permanently designated and improved for holding a county fair, as provided in chapters 15.76 and 36.37 RCW. A county fairground facility may be used for hosting social, educational, recreational, arts and entertainment activities including, but not limited to: A. Regional and local festivals; 21 A-40 B. Agricultural shows and events; C. Animal shows; D. Training, seminars, classes and conferences,- E. Trade and specialty shows; F. Private and public parties, receptions or banquets; G. Sporting events; H. Carnivals; I. Circuses; J. Recreational vehicle parks; K. Campgrounds; L. Outdoor performance centers; and M. Retail, rental and services consistent with the fairgrounds. (King County 3-2008) TECHNICAL TERMS AND LAND USE DEFINITIONS (Ord. 14808 § 1, 2003). 21A.06.253C - 21A.06265 21A.06.253C Critical aquifer recharge area. Critical aquifer recharge area: an area designated on the critical aquifer recharge area map adopted by K.C.C. 21A.24.311 that has a high susceptibility to ground water contamination or an area of medium susceptibility to ground water contamination that is located within a sole source aquifer or within an area approved in accordance with chapter 246-290 WAC as a wellhead protection area for a municipal or district drinking water system, or an area over a sole source aquifer and located on an island surrounded by saltwater. Susceptibility to ground water contamination occurs where there is a combination of permeable soils, permeable subsurface geology and ground water close to the ground surface. (Ord. 15051 § 21 2004: Ord. 11481 § 1, 1994. Formerly K,C,C. 21A,06,253C), 21A.06.254 Critical area. Critical area: any area that is subject to natural hazards or a land feature that supports unique, fragile or valuable natural resources including fish, wildlife or other organisms or their habitats or such resources that carry, hold or purify water in their natural state. "Critical area" includes the following areas: A. Aquatic areas; B. Coal mine hazard areas; C. Critical aquifer recharge area; D. Erosion hazard areas; E_ Flood hazard areas; F. Landslide hazard areas; G. Seismic hazard areas; H. Steep slope hazard areas; 1. Volcanic hazard areas; J. Wetlands; K. Wildlife habitat conservation areas; and L. Wildlife habitat networks. (Ord. 15051 § 24, 2004). 21A.06.255 Critical drainage area. Critical drainage area: an area which has been formally determined by the King County surface water management department to require more restrictive regulation than county -wide standards afford in order to mitigate severe flooding, drainage, erosion or sedimentation problems which result from the cumulative impacts of development and urbanization. (Ord. 10870 § 91, 1993). 21A.06.260 Critical facility. Critical facility: a facility necessary to protect the public health, safety and welfare including, but not limited to, a facility defined under the occupancy categories of "essential facilities," "hazardous facilities" and "special occupancy structures" in the structural forces chapter or succeeding chapter in K.C.C. Title 16. Critical facilities also include nursing and personal care facilities, schools, senior citizen assisted housing, public roadway bridges and sites that produce, use or store hazardous substances or hazardous waste, not including the temporary storage of consumer products containing hazardous substances or hazardous waste intended for household use or for retail sale on the site. (Ord. 15051 § 25, 2004: Ord. 10870 § 92, 1993). 21 A-41 21A.06.262 Daily care. Daily care: medical procedures, monitoring and attention that are necessarily provided at the residence of the patient by the primary provider of daily care on a 24-hour basis. (Ord. 12523 § 2, 1996). 21A.06.265 Daycare. Daycare: an establishment for group care of non-resident adults or children. A. Daycare shall include only, SIC Industry No. 835, Child Day Care Services, SIC Industry No. 8322, Adult Daycare Centers and the following: 1.Adult Daycare, such as adult day health centers or social day care as defined by the Washington State Department of Social and Health Services; 2. Nursery schools for children under minimum age for education in public schools; 3. Privately conducted kindergartens or prekindergartens when not a part of a public or parochial school; and 4. Programs covering after -school care for school children. (King County 12-2006) 21A.06.265 - 21A.06.326 ZONING B. Daycare establishments are subclassified as follows: 1. daycare I -- a maximum of 12 adults or children in any 24 hour period; and 2. Daycare II -- over 12 adults or children in any 24 hour period. (Ord. 10870 § 93, 1993). 21A.06.270 Deciduous. Deciduous: a plant species with foliage that is shed annually_ (Ord. 10870 § 94, 1993). 21A.06.275 Development rights, transfer of ("TDR"). Development rights, transfer of (7DR"): the ability to transfer potentially buildable dwelling units from an eligible sending site to an eligible receiving site as provided in this code. (Ord. 14190 § 25, 2001: Ord. 10870 § 95, 1993). 21A.06.280 Department. Department: the King County department of development and environmental services or its successor agency. (Ord. 15051 § 26, 2004: Ord. 10870 § 96, 1993)_ 21A.06.285 Department and variety store. Department and variety store: an establishment en- gaged in the retail sale of a variety of lines of merchandise, such as; dry goods, apparel and accessories, home furnishings, housewares, including only uses located in SIC Major Group and Industry Nos.: A. 53-General Merchandise; B. 5947-Gift, Novelty, and Souvenir Shops; and C. 5948-Luggage and Leather Goods Stores. (Ord. 10870 § 97, 1993). 21A.06.290 Destination resort. Destination resort_ an establishment for resource -based recreation and intended to utilize outdoor recreational opportunities, including related services, such as food, overnight lodging, equipment rentals, entertainment and other conveniences for guests of the resort_ (Ord_ 10870 § 98, 1993). 21A.06.295 Developer or applicant. Developer or applicant: the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. [See Applicant 21A.06.070.1 (Ord. 11978 § 2, 1995: Ord. 10870 § 99, 1993). 21A.06.300 Development activity. Development activity: any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. (Ord. 10870 § 100, 1993). 21A.06.305 Development agreement. Development agreement: a recorded agreement between a UPD applicant and King County which incorporates the site plans, development standards, and other features of an Urban Plan Development as described in K.C.C. 21 A.39. (Ord. 10870 § 101, 1993). 21A.06.310 Development proposal. Development proposal: any activities requiring a permit or other approval from King County relative to the use or development of land. (Ord. 10870 § 102, 1993). 21A-42 21A.06.315 Development proposal site. Development proposal site: the legal boundaries of the parcel or parcels of land for which an applicant has or should have applied for authority from King County to carry out a development proposal. (Ord. 10870 § 103, 1993). 21A.06.320 Direct traffic impact. Direct traffic impact: any increase in vehicle traffic generated by a proposed development which equals or exceeds ten (10) peak hour, peak direction vehicle trips an any roadway or intersection. (Ord. 10870 § 104, 1993), 21A.06.325 Director. Director: the director of King County department of development and environmental services, or his or her designee. (Ord. 10870 § 105, 1993). 21A.06.326 Ditch. Ditch: an artificial open channel used or constructed for the purpose of conveying water. (Ord. 15051 § 27, 2004). (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.328 - 21A.06.350 21A.06.328 Dog training facility. Dog training facility: a place for the training of dogs for discipline, agility and other purposes. (Ord. 15032 § 3, 2004). 21A.06.330 Dormitory. Dormitory: a residential building that provides sleeping quarters, but not separate dwelling units, and may include common dining, cooking and recreation or bathing facilities. (Ord. 10870 § 106, 1993). 21A.06.331 Draft flood boundary work map. Draft flood boundary work map: a floodplain map prepared by a mapping partner, reflecting the results of a flood study or other floodplain mapping analysis. The draft flood boundary work map depicts floodplain boundaries, regulatory floodway boundaries, base flood elevations and flood cross sections, and provides the basis for the presentation of this information on a Preliminary Flood Insurance Rate Map or Flood Insurance Rate Map. (Ord. 15051 § 28, 2004). 21A.06.332 Drainage basin. Drainage basin: a drainage area that drains to the Cedar river, Green river, Snoqualmie river, Skykomish river, White river, Lake Washington or other drainage area that drains directly to Puget Sound. (Ord. 15051 § 29, 2004). 21A.06.332C Drainage facility. Drainage facility: a feature, constructed or engineered for the primary purpose of providing drainage, that collects, conveys, stores or treats surface water_ A drainage facility may include, but is not limited to, a stream, pipeline, channel, ditch, gutter, lake, wetland, closed depression, flow control or water quality treatment facility and erosion and sediment control facility. (Ord. 15051 § 30, 2004). 21A.06.333 Drainage subbasin. Drainage subbasin: a drainage area identified as a drainage subbasin in a county -approved basin plan or, if not identified, a drainage area that drains to a body of water that is named and mapped and contained within a drainage basin. (Ord. 15051 § 31, 2004), 21A.06.334 Drift cell. Drift cell: an independent segment of shoreline along which littoral movements of sediments occur at noticeable rates depending on wave energy and currents. Each drift cell typically includes one or more sources of sediment, such as a feeder bluff or stream outlet that spills sediment onto a beach, a transport zone within which the sediment drifts along the shore and an accretion area; an example of an accretion area is a sand spit where the drifted sediment material is deposited. (Ord. 15051 § 32, 2004). 21A.06.335 Drop fox facility. Drop box facility: a facility used for receiving solid waste and recyclable from off -site sources into detachable solid waste containers, including the adjacent areas necessary for entrance and exit roads, unloading and vehicle turnaround areas. Drop box facilities normally service the general public with loose loads and may also include containers for separated recyclable. (Ord. 10870 § 107, 1993). 21 A--43 21A.06.340 Drug store. Drug store: an establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics and related supplies, including only uses located in SIC In- dustry Group and Industry Nos.: A. 591-Drug Stores and Proprietary Stores; B. 5993-Tobacco Stores and Stands; and C. 5999-Cosmetics Stores. (Ord. 10870 § 108, 1993)_ 21A.06.345 Dwelling unit. Dwelling unit: one or more rooms designed for occupancy by a person or family for living and sleeping purposes, containing kitchen facilities and rooms with internal accessibility, for use solely by the dwelling's occupants; dwelling units include but are not limited to bachelor, efficiency and studio apartments, factory -built housing and mobile homes. (Ord. 10870 § 109, 1993). 21A.06.350 Dwelling unit, accessory. Dwelling unit, accessory: a separate, complete dwelling unit attached to or contained within the structure of the primary dwelling; or contained within a separate structure that is accessory to the primary dwelling unit on the premises. (Ord. 10870 § 110, 1993). (King County 12-2006) 21A.06.355 - 21A.06.400 ZONING 21A.06.355 Dwelling unit, apartment. Dwelling unit, apartment: a dwelling unit contained in a building consisting of two or more dwelling units which may be stacked, or one or more dwellings with nonresidential uses. (Ord. 10870 § 111, 1993). 21A.06.358 Dwelling unit, cottage housing. Dwelling unit, cottage housing: a detached single- family dwelling unit located on a commonly owned parcel with common open space. (Ord. 15032 § 4, 2004) 21A.06.365 Dwelling unit, single detached. Dwelling unit, single detached: a detached building containing one dwelling unit. (Ord. 10870 § 113, 1993). 21A.06.370 Dwelling unit, townhouse. Dwelling unit, townhouse: a building containing one dwelling unit that occupies space from the ground to the roof, and is attached to one or more other townhouse dwellings by common walls. (Ord. 10870 § 114, 1993). 21A.06.375 Earth station. Earth station: a communication facility which transmits and/or receives signals to and from an orbiting satellite using satellite dish antennas. (Ord. 10870 § 115, 1993). 21A.06.378 Ecosystem. Ecosystem: the complex of a community of organisms and its environment functioning as an ecological unit. (Ord, 15051 § 33, 2004). 21A.06.380 Effective radiated power. Effective radiated power: the product of the antenna power input and the numerical antenna power gain. (Ord. 10870 § 116, 1993). 21A.06.390 Electrical substation. Electrical substation: a site containing equipment for the conversion of high voltage electrical power transported through transmission lines into lower voltages transported through distribution lines and suitable for individual users. (Ord. 10870 § 118, 1993), 21A.06.392 Emergency. Emergency: an occurrence during which there is imminent danger to the public health, safety and welfare, or that poses an imminent risk of property damage or personal injury or death as a result of a natural or human -made catastrophe, as determined by the director. (Ord. 15051 § 34, 2004: Ord. 11621 § 21, 1994). 21A.06.395 Energy resource recovery facility. Energy resource recovery facility: an establishment for recovery of energy in a usable form from mass burning or refuse -derived fuel incineration, pyrolysis or any other means of using the heat of combustion of solid waste. (Ord. 10870 § 119, 1993). 21A.06.398 Engineer, civil, geotechnical and structural. Engineer, civil, geotechnical and structural: 21A-44 A. Civil engineer! an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington; B. Geotechnical engineer: an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment; and C. Structural engineer: an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington. (Ord. 15051 § 35, 2004). 21A.06.400 Enhancement. Enhancement: for the purposes of critical area regulation, an action that improves the processes, structure and functions of ecosystems and habitats associated with critical areas or their buffers. (Ord. 15051 § 36, 2004: Ord. 10870 § 120, 1993). (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.405 - 21A.06.435 21A.06.405 Equipment, heavy. Equipment, heavy: high -capacity mechanical deices for moving earth or other materials, and mobile power units including, but not limited to: A. Carryalls; B. Graders; C. Loading and unloading devices; D. Cranes; E. Drag lines,- F. Trench diggers; G. Tractors: H. Augers; L Bulldozers; J. Concrete mixers and conveyers; K. Harvesters; L. Combines; or M. Other major agricultural equipment and similar devices operated by mechanical power as distinguished from manpower. (Ord. 10870 § 121, 1993). 21A.06.410 Erosion. Erosion: the wearing away of the ground surface as the result of the movement of wind, water or ice. (Ord. 15051 § 37, 2004: Ord. 10870 § 122, 1993). 21A.06.415 Erosion hazard area. Erosion hazard area: an area underlain by soils that is subject to severe erosion when disturbed. These soils include, but are not limited to, those classified as having a severe to very severe erosion hazard according to the United States Department of Agriculture Soil Conservation Service, the 1990 Snoqualmie Pass Area Soil Survey, the 1973 King County Soils Survey or any subsequent revisions or addition by or to these sources such as any occurrence of River Wash ("Rh") or Coastal Beaches ("Cb") and any of the following when they occur on slopes inclined at fifteen percent or more: A. The Aiderwood gravely sandy loam ("AgD"); B. The Alderwaod and Kitsap soils ("AkF"); C. The Beausite gravely sandy loam ("BeD" and "Bet- D. The Kitsap silt loam ("KpD"); E. The Ovall gravely loam ("OvD" and "OvF"); F. The Ragnar fine sandy loam ("RaD"); and G. The Ragnar-Indianola Association ("RdE"). (Ord. 15051 § 38, 2004: Ord. 10870 § 123, 1993). 21A.06.420 Evergreen. Evergreen: a plant species with foliage that persists and remains green year round. (Ord. 10870 § 124, 1993), 21 A-45 21A.06.425 Examiner. Examiner: the zoning and subdivision examiner as established by K.C.C.20.24. (Ord. 10870 § 125, 1993). 21A.06.427 Expansion. Expansion: the act or process of increasing the size, quantity or scope. (Ord. 15051 § 39, 2004). 21A.06.430 Fabric shop. Fabric shop: an establishment engaged in the retail sale of sewing supplies and accessories, including only uses located in SIC Industry Nos.. - A. 5949-Sewing, Needlework, and Piece Goods Stores; and B. Awning Shops, Banner Shops, and Flag Shops found in 5999. (Ord. 10870 § 126, 1993)_ 21A.06.435 Facilities standard. Facilities standard: the space required by grade span, and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the school district as identified in the district's capital facilities plan_ (Ord. 10870 § 127, 1993). (King County 3-2008) 21A.06.440 - 21A.06.465 ZONING 21A.06.440 Factory -built commercial building. Factory -built commercial building: any structure that is either entirely or substantially prefabricated or assembled at a place other than a building site; and designed or used for non-residential human occupancy. (Ord. 10870 § 128, 1993). 21A.06.445 Fairground. Fairground: a site permanently constructed for holding a fair, except a county fair or for holding similar events, including, but not limited to: A. Carnivals; B. Circuses; C. Expositions; D. Animal shows; and E. Either exhibitions or demonstrations, or both, of farm and home products with accompanying entertainment and amusements. (Ord. 14808 § 2, 2003: Ord. 10870 § 129, 1993). 21A.06.450 Family. Family: an individual; two or more persons related by blood or marriage; a group of two or more disabled residents protected under the Federal Housing Act Amendments, who are not related by blood or marriage, living together as a single housekeeping unit; a group of eight or fewer residents, who are not related by blood or marriage, living together as a single housekeeping unit; or a group living arrangement where eight or fewer residents receive supportive services such as counseling, foster care, or medical supervision at the dwelling unit by resident or non-resident staff. For purposes of this definition, minors living with parent shall not be counted as part of the maximum number of residents. (Ord. 11621 § 30, 1994: 10870 § 130, 1993). 21A.06.451 Farm field access drive. Farm field access drive: an impervious surface constructed to provide a fixed route for moving livestock, produce, equipment or supplies to and from farm fields and structures_ (Ord. 15051 § 41, 2004). 21A.06.452 Feasible. Feasible: capable of being done or accomplished. (Ord. 15051 § 40, 2004). 21A.06.453 Federal Emergency Management Agency. Federal Emergency Management Agency: the independent federal agency that, among other responsibilities, oversees the administration of the National Flood Insurance Program_ (Ord. 15051 § 42, 2004). 21A.06.454 FEMA. FEMA: the Federal Emergency Management Agency. (Ord. 15051 § 43, 2004). 21 A-46 21A.06.455 FEIVIA floodway. FEMA floodway: the channel of the stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base flood flow without increasing the base flood elevation more than one foot. (Ord_ 15051 § 44, 2004: Ord. 10870 § 131, 1993). 21A.06.460 Feed store. Feed store: an establishment engaged in retail sale of supplies directly related to the day to day activities of agricultural production. (Ord. 10870 § 132, 1993). 21A.06.464 Fen. Fen: a wetland that receives some drainage from sourrounding mineral soil and includes peat formed mainly from Carex and marsh -like vegetation. (Ord. 15051 § 45, 2004). 21A.06.465 Fence. Fence: a barrier for the purpose of enclosing space or separating lots, composed of: A. Masonry or concrete walls, excluding retaining walls; or B. Wood, metal or concrete posts connected by boards, rails, panels, wire or mesh. (Ord. 10870 § 133, 1993). (King County 3-2008) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.467 - 21A.06.500 21A.06.467 Financial guarantee. Financial guarantee means a form of financial security posted to ensure timely and proper completion of improvements, to ensure compliance with the Icing County Code, and/or to warranty materials, workmanship of improvements, and design. Financial guarantees include assignments of funds, cash deposit, and surety bonds, and or other forms of financial security acceptable to the director. For the purposes of this title, the terms performance guarantee, maintenance guarantee, and defect guarantee are considered sub -categories of financial guarantee. (Ord. 12020 § 32, 1995). 21A.06.470 Flood fringe, zero -rise. Flood fringe, zero -rise: that portion of the floodplain outside of the zero -rise floodway. The zero -rise flood fringe is generally associated with standing water rather than rapidly flowing water. (Ord. 15051 § 46, 2004: Ord. 10870 § 134, 1993), 21A.06.475 Flood hazard area. Flood hazard area: any area subject to inundation by the base flood or risk from channel migration including, but not limited to, an aquatic area, wetland or closed depression. (Ord. 15051 § 47, 2004: Ord. 11621 § 31, 1994: 10870 § 135, 1993). 21A.06.476 Flood Hazard Boundary Map. Flood Hazard Boundary Map: the initial insurance map issued by FEMA that identifies, based on approximate analyses, the areas of the one percent annual chance, one -hundred -year, flood hazard within a community. (Ord. 15051 § 48, 2004). 21A.06.478 Flood hazard data. Flood hazard data: data or any combination of data available from federal, state or other sources including, but not limited to, maps, critical area studies, reports, historical flood hazard information, channel migration zone maps or studies or other related engineering and technical data that identify floodplain boundaries, regulatory floodway boundaries, base flood elevations or flood cross sections. (Ord. 15051 § 49, 2004). 21A.06.480 Flood Insurance Rate Map. Flood Insurance Rate Map: the insurance and floodplain management map produced by FEMA that identifies, based on detailed or approximate analysis, the areas subject to flooding during the base flood. (Ord. 15051 § 50, 2004: Ord. 11157 § 3, 1993: Ord. 10870 § 136, 1993). 21A.06.485 Flood Insurance Study for King County. Flood Insurance Study for Bing County. - the official report provided by FEMA that includes flood profiles and the Flood Insurance Rate Map. (Ord. 15051 § 51, 2004: Ord. 11157 § 4, 1993: Ord. 10870 § 137, 1993). 21 A-47 21A.06.490 Flood protection elevation. Flood protection elevation: an elevation that is one foot above the base flood elevation, (Ord. 15051 § 52, 2004: Ord. 10870 § 138, 1993). 21A.06.492 Flood protection facility. Flood protection facility: a structure that provides protection from flood damage. Flood protection facility includes, but is not limited to, the following structures and supporting infrastructure: A. Dams or water diversions, regardless of primary purpose, if the facility provides flood protection benefits; B. Flood containment facilities such as levees, dikes, berms, walls and raised banks, including pump stations and other supporting structures; and C. Bank stabilization structures, often called revetments. (Ord. 15051 § 53, 2004). 21A.06.495 Floodplain. Floodplain: the total area subject to inundation by the base flood. (Ord. 10870 § 139, 1993). 21A.06.500 Floodproofing, dry. Floodproofrng, dry: adaptations that make a structure that is below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components capable of and with sufficient strength to resist hydrostatic and hydrodynamic loads including buoyancy. (Ord, 15051 § 54, 2004: Ord. 10870 § 140, 1993). (King County 3-2005) 21A.06.505 - 21A.06.533 ZONING 21A.06.505 Floodway, zero -rise. Floodway zero -rise: the channel of a stream and that portion of the adjoining floodplain that is necessary to contain and discharge the base Rood flow without any measurable increase in base flood elevation. A. For the purpose of this definition, "measurable increase in base flood elevation" means a calculated upward rise in the base flood elevation, equal to or greater than 0.01 foot, resulting from a comparison of existing conditions and changed conditions directly attributable to alterations of the topography or any other flow obstructions in the floodplain. "Zero -rise floodway" is broader than that of the FEMA floodway but always includes the FEMA floodway. B. "Zero -rise floodway" includes the entire floodplain unless a critical areas report demonstrates otherwise. (Ord. 15051 § 55, 2004: Ord. 10870 § 141, 1993). 21A.06.510 Florist shop. Florist shop: an establishment engaged in the retail sale of flowers and plants, including only uses located in SIC Industry Nos.: A. 5992-Florists; and B. 5999-Artificial Flowers. (Ord. 10870 § 142, 1993). 21A.06.512 Footprint. Footprint: the area encompassed by the foundation of a structure including building overhangs if the overhangs do not extend more than eighteen inches beyond the foundation and excluding uncovered decks. (Ord. 15051 § 56, 2004). 21A.06.513 Footprint, development. Footprint, development: the area encompassed by the foundations of all structures including paved and impervious surfaces. (Ord. 15051 § 57, 2004) 21A.06.515 Forest land. Forest land: land devoted primarily to growing and harvesting forest and timber products and designated as a forest production district by the King County Comprehensive Plan. (Ord. 10870 § 143, 1993). 21A.06.520 Forest practice. Forest practice: any forest practice as defined in RCW 79.06.020. (Ord. 15051 § 58, 2004: Ord. 10870 § 144, 1993). 21A.06.522 Forest practice, class IV-G nonconversion. Forest practice, class IV-G nonconversion: a class IV general forest practice, as defined in WAC 222-16-050, on a parcel for which there is a county approved long term forest management plan. (Ord. 15051 § 59, 2004). 21 A-48 21A.06,525 Forest product sales. Forest product sales: the sale of goods produced, extracted, consumed, gathered or harvested from a forest including, but not limited to: A. Trees; B. Wood chips; C. Logs; D. Fuelwood; E. Cones; F. Christmas trees; G. Berries; H. Herbs; or I. Mushrooms. (Ord. 10870 § 145, 1993). 21A.06.530 Forest research. Forest research: the performance of scientific studies relating to botany, hydrology, silviculture, biology and other branches of science in relation to management of forest lands, including only uses located in SIC Industry Nos.: A. 8731-Commercial Physical and Biological Research; B. 8733-Noncommercial Research Organizations; and C. 8734-Testing Laboratories. (Ord. 10870 § 146, 1993). 21A.06.533 Fully contained community (FCC). FCC: a site specific development project consisting of conceptual site plan(s), development standards, processing and other elements, and which is consistent with the criteria provided in RCW 36.70A_350. (Ord. 12171 § 3, 1996). (King County 3-2005) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A,06.535 - 21 A.06.570 21A.06.535 Furniture and home furnishings store. Furniture and home furnishings store: an establishment engaged in the retail sale of household furniture and furnishings for the home, including only uses located in SIC Major Group and Industry Nos.: A. 57-Home Furniture, Furnishings, and Equipment Stores, except Industry Group No. 573; and B. Baby carriages, Cake Decorating Supplies, Hot Tubs, Picture Frames (ready made), Swimming Pools (above -ground, not site -built), Telephone Stores and Typewriter Stores found in 5999. (Ord. 10870 § 147, 1993). 21A.06.540 General business service. General business service: an establishment engaged in providing services to businesses or individuals, with no outdoor storage or fabrication, including only uses located in SIC Major Group Nos.: A. 60-Depository Institutions; B. 61-Nondepository Credit Institutions: C. 62-Security and Commodity Brokers, Dealers, Exchanges, and Services; D. 63-Insurance Carriers; E. 65-Real Estate, except 653 (Real Estate Agents and Directors); F. 67-Holding and Other Investment Offices; G. 7299 Miscellaneous Personal Services, not elsewhere classified; H. 73-Business Services, except Industry Group and Industry Nos.: 1. 7312-Outdoor Advertising Services; and J. 86-Membership Organizations, including administrative offices of organized religions found in 8661, but excluding churches and places of worship. (Ord. 10870 § 148, 1993). 21A.06.545 Geologist. Geologist: a person who holds a current license from the Washington state Geologist Licensing Board. (Ord. 15051 § 60, 2004: Ord. 10870 § 149, 1993), 21A.06.555 Golf course facility. Golf course facility: a recreational facility, under public or private ownership, designed and developed for golf activities with accessory uses including, but not limited to: A. A driving range; B. Miniature golf; C. Pro shops; D. Caddyshack buildings; 21 A- 49 E. Swimming pools, tennis courts and other related recreational facilities; F. Restaurants; G. Office and meeting rooms; and H. Related storage facilities, (Ord. 11157 § 5, 1993: Ord. 10870 § 152, 1993). 21A.06.555 Grade. Grade: the elevation of the ground surface. "Existing grade," "finish grade" and "rough grade" are defined as follows: A. "Existing grade" means the grade before grading; B. "Finish grade" means the final grade of the site that conforms to the approved plan as required under K.C.C. 16.82.060; and C. 'Rough grade" means the grade that approximately conforms to the approved plan as required under K.C.C. 16.82.060. (Ord. 15051 § 62, 2004). 21A.06.560 Grade span. Grade span. the categories into which a district groups its grades of students; i.e., elementary, middle or junior high school, and high school_ (Ord. 10870 § 152, 1993). 21A.06.565 Grading. Grading: any excavation, filling, removing the duff layer or any combination thereof. (Ord. 10870 § 153, 1993). 21A.06.570 Grazing area. Grazing area: a grazing area is any open land area used to pasture livestock in which suitable forage is maintained over 80% of the area at all times of the year. (Ord. 11157 § 6, 1993, Ord. 10870 § 154, 1993). 21A.06.575 - 21A.06.600 (King County 3-2005) ZONING 21A.06.575 Groundcover. Groundcover: living plants designed to grow low to the ground (generally one foot or less) and intended to stabilize soils and protect against erosion. (Ord. 10870 § 155, 1993). 21A.06.577 Habitat. Habitat: the locality, site and particular type of environment occupied by an organism at any stage in its life cycle, (Ord. 15051 § 63, 2004). 21A.06.578. Habitat, fish. Habitat, fish: habitat that is used by fish at any life stage at any time of the year including potential habitat likely to be used by fish, "Fish habitat" includes habitat that is upstream of, or landward of, human -made barriers that could be accessible to, and could be used by, fish upon removal of the barriers. This includes off -channel habitat, flood refuges, tidal flats, tidal channels, streams and wetlands. (Ord. 15051 § 64, 2004). 21A.06.560 Hazardous household substance. Hazardous household substance: a substance as defined in RCW 70.105.010. (Ord. 10870 § 156, 1993)_ 21A.06.582 Hazardous liquid and gas transmission pipeline. Hazardous liquid and gas transmission pipeline: Hazardous liquid and gas transmission pipelines, as defined by RCW 81.88.040 and WAC 480-93-005. (Ord. 14045 § 4, 2001). 21A.06.585 Hazardous substance. Hazardous substance: a substance as defined in RCW 70.105.010. (Ord. 10870 § 157, 1993). 21A.06.590 Heavy equipment and truck repair. Heavy equipment and truck repair: the repair and maintenance of self -powered, self-propelled or towed mechanical devices, equipment and vehicles used for commercial purposes, such as tandem axle trucks, graders, backhoes, tractor trailers, cranes, lifts, but excluding automobiles and pick-up trucks under 10,000 pounds, recreational vehicles, boats and their trailers. (Ord. 11621 § 32, 1994: 10870 § 158, 1993). 21 A-50 21A.06.595 Helistop. Helistop: an area on a roof or on the ground used for the takeoff and landing of helicopters for the purpose of loading or unloading passengers or cargo but not including fueling service, hangers, maintenance or overhaul facilities. (Ord. 10870 § 159, 1993). 21A.06.597 Historic resource. Historic resource: a district, site, building, structure or object significant in national, state or local history, architecture, archaeology, and culture. (Ord. 41621 § 22, 1994). 21A.06.598 Historic resource inventory. Historic resource inventory: An organized compilation of information on historic resources considered to be potentially significant according to the criteria listed in K.C.C_ 20.62.040A. The historic resource inventory is kept on file by the historic preservation officer and is updated from time to time to include newly eligible resources and to reflect changes to resources. (Ord. 11621 § 23, 1994). 21A.06.599 Historical flood hazard information, Historical flood hazard information: information that identifies floodplain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections including, but not limited to, photos, video recordings, high water marks, survey information or news agency reports. (Ord. 15051 § 65, 2004). 21A.06.600 Hobby, toy, and game shop. Hobby, toy, and game shop: an establishment engaged in the retail sale of toys, games, hobby and craft kits, including only uses located in SIC Industry Nos.: A. 5945-Hobby, Toy and Game Shops; and B. 5999-Autograph and Philatelist Supply Stores, Cain Shops, and Stamps, philatelist -retail (except mail order). (Ord. 10870 § 160, 1993). (King County 3-2005) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.605-21A.06.641 21A.06.605 Home industry. Home industry: a limited -scale sales, service or fabrication activity undertaken for financial gain, which occurs in a dwelling unit or residential accessory building, or in a barn or other resource accessory building and is subordinate to the primary use of the site as a residence. (Ord_ 13022 § 7, 1998: Ord. 10870 § 161, 1993). 21A.06.610 Home occupation. Home occupation: a limited -scale service or fabrication activity un-dertaken for financial gain, which occurs in a dwelling unit or accessory building and is subordinate to the primary use of the site as a residence. (Ord. 13022 § 8, 1998, Ord. 10870 § 162, 1993). 21A.06.615 Household pets_ Household pets: small animals that are kept within a dwelling unit. (Ord. 10870 § 163, 1993). 21A.06.620 Hydroelectric generation facility. Hydroelectric generation facility: an establishment for the generation of electricity using water sources. (Ord. 10870 § 164, 1993). 21A.06.625 Impervious surface. Impervious surface: A nonvertical surface artificially covered or hardened so as to prevent or impede the percolation of water into the soil mantle at natural infiltration rates including, but not limited to, roofs, swimming pools and areas that are paved, graveled or made of packed or oiled earthen materials such as roads, walkways or parking areas. "Impervious surface" does not include landscaping and surface water flow control and water quality treatment facilities. (15051 § 66, 2004: Ord. 13190 § 14, 1998: Ord. 11978 § 3, 1995: Ord. 11802 § 2, 1995: Ord. 10870 § 165, 1993). 21A.06.628 Impoundment. Impoundment: a body of water collected in a reservoir, pond or dam or collected as a consequence of natural disturbance events. (Ord. 15051 § 67, 2004). 21 A-51 21A.06.630 Improved public roadways. Improved public roadways: public road rights -of -way that have been improved with at least two travel lanes and are maintained by either King County or the state of Washington. (Ord. 10870 § 166, 1993). 21A.06.635 Individual transportation and taxi. Individual transportation and taxi: an establishment engaged in furnishing individual or small group transportation by motor vehicle, including only uses located in SIC Industry Group and Industry Nos.: A. 412-Taxicabs; and B. 4119-Local Passenger Transportation, not elsewhere Classified. (Ord. 10870 § 167, 1993)_ 21A.06.637 Infiltration rate. Infiltration rate: the rate of water entry into the soil expressed in inches per hour. (Ord. 11210 § 27, 1994). 21A.06.638 Instream structure. Instream structure: anything placed or constructed below the ordinary high water mark, including, but not limited to, weirs, culverts, fill and natural materials and excluding dikes, levees, revetments and other bank stabilization facilities. (Ord. 15051 § 68, 2004). 21A.06.640 Interim recycling facility. Interim recycling facility: a site or establishment engaged in collection or treatment of recyclable materials, which is not the final disposal site, and including: A. Drop boxes; B. Collection, separation and shipment of glass, metal, paper or other recyclables. (Ord. 15032 § 5, 2004: Ord. 10870 § 168, 1993). 21A.06.641 Interlocal agreement. Interlocal agreement: for purposes of K.C.C. 21A28, interlocal agreement means any agreement between the county, the district, and any city setting forth certain terms relating to the collection of impact fees by the county and distribution of those fees to the district. An interlocal agreement shall not be required where the county is the sole jurisdiction within the boundaries of the district that is assessing impact fees. (Ord. 11621 § 24, 1994). (King County 6-2007) 21A.06.641 C - 21 A.06.675 ZONING 21A.06.641C Invasive vegetation. Invasive vegetation: a plant species listed as obnoxious weeds on the noxious weed list adopted King County department of natural resources and parks. (Ord. 15051 § 69, 2004). 21A.06.642 Irrigation efficiency. Irrigation efficiency: is the coefficient of the amount of water beneficially used divided by the amount of water applied. This coefficient is derived from actual measurements and an evaluation of the general characteristics of the type of irrigation system and management practices proposed. (Ord. 11210 § 26, 1994). 21A.06.645 Jail. Jail: a facility operated by a governmental agency; designed, staffed and used for the incarceration of persons for the purposes of punishment, correction and rehabilitation following conviction of an offense. (Ord. 10870 § 169, 1993). 21A.06.650 Jail farm. Jail farm: a farm or camp on which persons convicted of minor law violations are confined and participate in agriculture and other work activities of the facility. (Ord. 10870 § 170, 1993). 21A.06.655 Jewelry store. Jewelry store: an establishment engaged in the retail sale of a variety of jewelry products, including only uses located in SIC Industry Nos.: A. 5944-Jewelry Stores: and B. Gem stones and Rock specimens found in 5999. (Ord. 10870 § 171, 1993). 21 A-52 21A.06.658 Joint use driveway. Joint use driveway: A jointly owned and/or maintained vehicular access to two residential properties. (Ord. 11621 § 251 1994). 21A.06.660 Kennel. Kennel: a place where adult dogs are temporarily boarded for compensation, whether or not for training. An adult dog is one of either sex, altered or unaltered, that has reached the age of six months. (Ord. 10870 § 172, 1993). 21A.06.661 Kennel -free dog boarding and daycare. Kennel -free dog boarding and daycare: Dog boarding or daycare facility that utilizes rooms or outdoor exercise area, rather than cages or cement floored runs, to allow for and encourage the socialization, interaction and exercise of dogs. (Ord. 15816 § 3, 2007). 21A.06.662 Kitchen or kitchen facility. Kitchen or kitchen facility: an area within a building intended for the preparation and storage of food and containing: A. An appliance for the refrigeration of food; B, An appliance for the cooking or heating of food; and C_ A sink. (Ord. 12786 § 1, 1997). 21A.06.665 Landfill. Landfill: a disposal site or part of a site at which refuse is deposited. (Ord. 10870 § 173, 1993). 21A.06.667 Landscape water features. Landscape water features: a pond, pool or fountain used as a decorative component of a development. (Ord. 11210 § 28, 1994). 21A.06.670 Landscaping. Landscaping: live vegetative materials required for a development. Said materials provided along the boundaries of a development site is referred to as perimeter landscaping. (Ord. 11210 § 36, 1994: Ord. 10870 § 174, 1993). 21A.06.675 Landslide. Landslide: episodic downslope movement of a mass including, but not limited to, soil, rock or snow. (Ord. 10870 § 175, 1993), (King County 6-2007) TECHNICAL TERMS AND LAND USE DEFINITIONS 21 A.06.680 - 21 A.06.705 21A.06.680 Landslide hazard area. Landslide hazard area: an area subject to severe risk of landslide, such as. - A. An area with a combination of; 1. Slopes steeper than fifteen percent of inclination; 2. Impermeable soils, such as silt and clay, frequently interbedded with granular soils, such as sand and gravel; and 3. Springs or ground water seepage; B. An area that has shown movement during the Holocene epoch, which is from ten thousand years ago to the present, or that is underlain by mass wastage debris from that epoch; C. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action; D. An area that shows evidence of or is at risk from snow avalanches; or E. An area located on an alluvial fan, presently or potentially subject to inundation by debris flows or deposition of stream -transported sediments. (Ord. 15051 § 70, 2004! Ord. 10870 § 176, 1993). 21A,06.682 Large active recreation and multiuse park. Large active recreation and multiuse park: a park owned by King County that is designated in the recreation category or the multiuse category in a parks inventory list. (Ord. 14807 § 3, 2003). 21A.06.683 Letter of map amendment. Letter of map amendment: an official determination by FEMA that a property has been inadvertently included in an area subject to inundation by the base flood as shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map. (Ord. 15051 § 71, 2004). 21 A-53 21A.06.684 Letter of map revision. Letter of map revision: a letter issued by FEMA to revise the Flood Hazard Boundary Map or Flood Insurance Rate Map and Flood Insurance Study for a community to change base flood elevations, and floodplain and floodway boundary delineation_ (Ord. 15051 § 72, 2004). 21A.06.685 Level of service (,,LOS,,), traffic. Level of service ("LOS") traffic: a quantitative measure of traffic congestion identified by a declining letter scale (A-F) as calculated by the methodology contained in the 1985 Highway Capacity Manual Special Report 209 or as calculated by another method approved by the department of transportation. LOS "A" indicates free flow of traffic with no delays while LOS 7" indicates jammed conditions or extensive delay. (Ord. 14199 § 231, 2001_ Ord. 10870 § 177, 1993). 21A.06.690 Light equipment. Light equipment: hand-held tools and construction equipment, such as chain saws, wheelbarrows and post -hole diggers. (Ord_ 10870 § 178, 1993). 21A.06.695 Livestock. Livestock: grazing animals kept either in open fields or structures for training, boarding, home use, sales, or breeding and production, including but not limited to: A. Cattle; B. Riding and draft horses; C. Hogs, excluding pigs weighing under 120 lbs. and standing 20 inches or less at the shoulder which are kept as pets or small animals; D. Sheep; and E. Goats. (Ord. 10870 § 179, 1993), 21A.06.700 Livestock, large. Livestock, large, cattle, horses, and other livestock generally weighing over 500 pounds. (Ord. 10870 § 180, 1993). 21A.06.705 Livestock, small. Livestock, small: hogs, excluding pigs weighing under 120 lbs. and standing 20 inches or less at the shoulder which are kept as household pets or small animals, sheep, goats, miniature horses, llamas, alpaca and other livestock generally weighing under 500 pounds. (Ord. 10870 § 181, 1993). (King County 3-2008) 21 A.06.710 - 21 A.06.742 ZONING 21A.06.710 Livestock sales. Livestock sales: the sale of livestock but not including auctions. (Ord. 10870 § 182, 1993). 21A.06.715 Loading space. Loading space: a space for the temporary parking of a vehicle while loading or unloading cargo or passengers_ (Ord. 10870 § 183, 1993). 21A.06.720 Log storage. Log storage: a facility for the open or enclosed storage of logs which may include repair facilities for equipment used on -site or operations offices. (Ord. 10870 § 184, 1993). 21 A.06.725 Lot. Lot: a physically separate and distinct parcel of property, which has been created pursuant to K.G.C. Title 19, Subdivision_ (Ord. 10870 § 186, 1993). 21A.06.730 Lot line, interior. Lot line, interior: lot lines that delineate property boundaries along those portions of the property which do not abut a street. (Ord. 10870 § 186, 1993). 21A.06.731 Maintenance. Maintenance: the usual acts to prevent a decline, lapse or cessation from a lawfully established condition without any expansion of or significant change from that originally established condition. Activities within landscaped areas within areas subject to native vegetation retention requirements may be considered "maintenance" only if they maintain or enhance the canopy and understory cover. "Maintenance" includes repair work but does not include replacement work. When maintenance is 21 A-54 conducted specifically in accordance with the Regional Road Maintenance Guidelines, the definition of "maintenance" in the glossary of those guidelines supersedes the definition of "maintenance" in this section. (Ord. 15051 § 73, 2004). 21A.06.732 Manufactured home or mobile home. Manufactured home or mobile home: a structure, transportable in one or more sections, that in the traveling mode is eight body feet or more in width or thirty-two body feet or more in length; or when erected on site, is three -hundred square feet or more in area; which is built on a permanent chassis and is designated for use with or without a permanent foundation when attached to the required utilities; which contains plumbing, heating, air-conditioning and electrical systems; and shall include any structure that meets all the requirements of this section, or of chapter 296-150M WAG, except the size requirements for which the manufacturer voluntarily complies with the standards and files the certification required by the federal Department of Housing and Urban Development. The term "manufactured home" or "mobile home" does not include a "recreational vehicle." (Ord. 15606 § 6, 2006: Ord. 15051 § 74, 2004), 21A.06.734 Mapping partner. Mapping partner: any organization or individual that is involved in the development and maintenance of a draft flood boundary work map, Preliminary Flood insurance Rate Map or Flood insurance Rate Map. (Ord. 15051 § 75, 2004), 21A.06.735 Marina. Marina: an establishment providing docking, moorage space and related activities limited to the provisioning or minor repair of pleasure boats and yachts; and accessory facilities including, but not limited to: A. Showers; B. Toilets; and C. Self-service laundries. (Ord. 10870 § 187, 1993). 21A.06.740 Material error. Material error: substantive information upon which a permit decision is based that is submitted in error or is omitted at the time of permit application. (Ord. 10870 § 188, 1993). 21A.06.742 Materials processing facility. Materials processing facility: a site or establishment, not accessory to a mineral extraction or sawmill use, that is primarily engaged in crushing, grinding, pulverizing or otherwise preparing earth materials, vegetation, organic waste, construction and demolition materials or source separated organic materials and that is not the final disposal site. (Ord. 15032 § 6, 2004) (King County 3-2008) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.743 - 21 A.06.775 21A.06.743 Maximum extent practical. Maximum extent practical: the highest level of effectiveness that can be achieved through the use of best available science or technology. In determining what is the "maximum extent practical," the department shall consider, at a minimum, the effectiveness, engineering feasibility, commercial availability, safety and cost of the measures. (Ord. 15051 § 76, 2004). 21A.06.745 Microwave. Microwave: electromagnetic waves with a frequency range of 300 megahertz (MHz) to 300 gigahertz (GHz), (Ord. 10870 § 189, 1993). 21A.06.750 Mitigation. Mitigation: an action taken to compensate for adverse impacts to the environment resulting from a development activity or alteration. (Ord. 15051 § 77, 2004: Ord. 10870 § 190. 1993). 21A.06.751 Mitigation bank. Mitigation bank: a property that has been protected in perpetuity and approved by appropriate county, state and federal agencies expressly for the purpose of providing compensatory mitigation in advance of authorized impacts through any combination of restoration, creation or enhancement of wetlands and, in exceptional circumstances, preservation of adjacent wetlands and wetland buffers or protection of other aquatic or wildlife resources. (Ord. 15051 § 78, 2004: Ord. 11621 § 26, 1994). 21 A-55 21A.06.752 Mitigation banking. Mitigation banking: a system for providing compensatory mitigation in advance of authorized wetland impacts of development in King County in which credits are generated through restoration, creation, and/or enhancement of wetlands, and in exceptional circumstances, preservation of adjacent wetlands, wetland buffers, and/or other aquatic resources, (Ord. 11621 § 27, 1994). 21A.06.753 Mixed -use development. Mixed -use development: a combination of residential and non-residential uses within the same building or site as part of an integrated development project with functional interrelationships and coherent physical design. (Ord. 14045 § 5, 2001). 21A.06.755 Mobile home. See manufactured home. (Ord. 15606 § 7, 2006: Ord. 10870 § 191, 1993). 21A.06.760 Mobile home park. Mobile home park: a development with two or more improved pads or spaces designed to accommodate mobile homes. (Ord. 10870 § 192, 1993). 21A.06.765 Monitoring. Monitoring: evaluating the impacts of development proposals on biologic, hydrologic and geologic systems and assessing the performance of required mitigation through the collection and analysis of data for the purpose of understanding and documenting changes in natural ecosystems, functions and features including, but not limited to, gathering baseline data. (Ord. 10870 § 193, 1993), 21A.06.770 Monuments, tombstones, and gravestones sales. Monuments, tombstones, and gravestones sales: the retail sale of custom stonework products including only uses located in SIC Industry No. 5599-Monuments, finished to custom order, Tombstones and Gravestones finished. (Ord. 10870 § 194, 1993). 21A.06.775 Motor vehicle, boat and mobile home dealer. Motor vehicle, boat and mobile home dealer: an establishment engaged in the retail sale of new and/or used automobiles, motor homes, motorcycles, trailers, boats or mobile homes, including only uses located in SIC Major Group and Industry Group Nos.: A. 55-Automotive Dealers and Gasoline Service Stations except: 1. 553-Auto and Home Supply Stores; 2. 554-Gasoline Service Stations; and B. Aircraft dealers found in 5599: 1. 527-Mobile Home Dealers; and 2. Yacht brokers found in 7389. (Ord. 10870 § 195, 1993). (King County 9-2007) 21AA6.780 - 21A.06.817 ZONING 21A.06.780 Motor vehicle and bicycle manufacturing. Motor vehicle and bicycle manufacturing: fabricating or assembling complete passenger automobiles, trucks, commercial cars and buses, motorcycles, and bicycles, including only uses located in SIC Industry Group Nos.: A. 371-Motor Vehicles and Motor Vehicle Equipment; and B. 375-Motorcycles, Bicycles, and Parts. (Ord. 10870 § 196, 1993). 21A.06.782 Mulch. Mulch: any material such as leaves, bark, straw left loose and applied to the soil surface to reduce evaporation. (Ord. 11210 § 29, 1994). 21A.06.785 Municipal water production. Municipal water production_ the collection and processing of surface water through means of dams or other methods of impoundment for municipal water systems. (Ord_ 11157 § 7, 1993: Ord, 10870 § 197, 1993). 21A.06.790 Native vegetation. Native vegetation: plant species indigenous to the Puget Sound region that reasonably could be expected to naturally occur on the site. (Ord. 15051 § 79, 2004; Ord. 10870 § 198, 1993). 21 A-56 21A.06.795 Naturalized species. Naturalized species: non-native species of vegetation that are adaptable to the climatic conditions of the coastal region of the Pacific Northwest. (Ord. 10870 § 199, 1993). 21 A.06.797 Net buildable area. Net buildable area: the "site area" less the following areas: A. Areas within a project site that are required to be dedicated for public rights -of -way in excess of sixty feet in width; B. Critical areas and their buffers to the extent they are required by K.C.C. chapter 21A24 to remain undeveloped; C. Areas required for storm water control facilities other than facilities that are completely underground, including, but not limited to, retention or detention ponds, biofiltration swales and setbacks from such ponds and swales; D. Areas required to be dedicated or reserved as on -site recreation areas; E. Regional utility corridors; and F. Other areas, excluding setbacks, required to remain undeveloped. (Ord. 15051 § 80, 2004: Ord. 11798 § 3, 1995: Ord. 11555 § 2, 1994). 21A.06.800 Nonconformance. Nonconformance: any use, improvement or structure established in conformance with King County rules and regulations in effect at the time of establishment that no longer conforms to the range of uses permitted in the site's current zone or to the current development standards of the code due to changes in the code or its application to the subject property. (Ord. 10870 § 200, 1993). 21A.06.805 Nonhydro-electric generation facility. Nonhydro-electric generation facility: an establishment for the generation of electricity by nuclear reaction, burning fossil fuels, or other electricity generation methods. (Ord. 10870 § 201, 1993). 21A.06.810 Non -ionizing electromagnetic radiation ("NIER"). Non -ionizing electromagnetic radiation ("NIER"): electromagnetic radiation of low photon energy unable to cause ionization. (Ord. 10870 § 202, 1993). 21A.06.815 Noxious weed. Noxious weed: a plant species that is highly destructive, competitive or difficult to control by cultural or chemical practices, limited to any plant species listed on the state noxious weed list in chapter 16-750 WAC, regardless of the list's regional designation or classification of the species. (Ord. 15051 § 81, 2004: Ord. 10870 § 203, 1993). 21A.06.817 Off-street required parking lot. Off-street required parking lot; parking facilities constructed to meet the off-street parking requirements of K.C.C. 21A.18 for land uses located on a lot separate from the parking facilities. (Ord. 13022 § 4, 1998). (King County 9-2007) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06,819 - 21 A.06.840 21A.06.819 Open space. Open space; areas left predominately in a natural state to create urban separators and greenbelts, sustain native ecosystems, connect and increase protective buffers for environmentally sensitive areas, provide a visual contrast to continuous development, reinforce community identity and aesthetics, or provide links between important environmental or recreational resources_ (Ord. 14045 § 6, 2001). 21A.06.820 Open-work fence. Open-work fence: a fence in which the solid portions are evenly distributed and constitute no more than fifty (50) percent of the total surface area. (Ord. 10870 § 204, 1993). 21A.06.825 Ordinary high water mark. Ordinary high water mark: the mark found by examining the bed and banks of a stream, lake, pond or tidal water and ascertaining where the presence and action of waters are so common and long maintained in ordinary years as to mark upon the soil a vegetative character distinct from that of the abutting upland. In an area where the ordinary high water mark cannot be found, the line of mean high water in areas adjoining freshwater or mean higher high tide in areas adjoining saltwater is the "ordinary high water mark." In an area where neither can be found, the top of the channel bank is the "ordinary high water mark_" In braided channels and alluvial fans, the ordinary high water mark 21A--57 or line of mean high water include the entire water or stream feature. (Ord. 15051 § 82, 2004, Ord. 10870 § 205, 1993). 21A.06.830 Outdoor performance center. Outdoor performance center, an establishment for the performing arts with open-air seating for audiences. Such establishments may include related services such as food and beverage sales and other concessions. (Ord. 10870 § 206, 1993). 21A.06.831 Overburden -cover -to -seam -thickness ratio. Overburden -cover -to -seam -thickness ratio: the thickness as measured from the ground surface to the top of the abandoned mine working divided by the extracted thickness of the coal seam, expressed as a ratio. A ten foot extracted coal seam will have a 10:1 overburden -cover -to -seam -thickness ratio at a depth of one hundred feet and a 15:1 overburden -cover - to -seam -thickness ratio at a depth of one hundred fifty feet. (Ord. 13319 § 4, 1998). 21A.06.832 Overspray. Overspray: irrigation water applied beyond the landscape area. (Ord. 11210 § 30, 1994). 21A.06.835 Park. Park: a site designed or developed for recreational use by the public including, but not limited to: A. Indoor facilities, such as: 1. Gymnasiums 2. Swimming pools; or 3. Activity centers; B. Outdoor facilities, such as: 1. Playfields; 2. Fishing areas; 3. Picnic and related outdoor activity areas; or 4. Approved campgrounds; C. Areas and trails for: 1. Hikers; 2. Equestrians; 3. Bicyclists; or 4. Off -road recreational vehicle users; D. Recreation space areas required under K.C.C. 21A E. Play areas required under K.C.C. 21A,14,190; and F. Facilities for on -site maintenance. (Ord. 13022 § 9, 14,180: 1998: Ord, 10870 § 207, 1993). 21A.06.840 Park service area. Park service area: established by the department, within which the dedications of land and fees received from new residential developments for the benefit of residents within such service area. (Ord. 10870 § 208, 1993). (King County 9-2007) 21A.06.845 - 21 A.06.899C ZONING 21A.06.845 Parking lot aisle. Parking lot aisle: that portion of the off-street parking area used ex- clusively for the maneuvering and circulation of motor vehicles and in which parking is prohibited. (Ord. 10870 § 209, 1993). 21A.06.850 Parking lot unit depth. Parking lot unit depth: the linear distance within which one parking aisle is flanked by accessible rows of parking stalls as measured perpendicular to the parking aisle. (Ord. 10870 § 210, 1993). 21A.06.855 Parking space. Parking space: an area accessible to vehicles, improved, maintained and used for the sole purpose of parking a motor vehicle. (Ord. 10870 § 211, 1993). 21A.06.860 Parking space angle. Parking space angle: the angle measured from a reference line, generally the property line or center line of an aisle, at which motor vehicles are to be parked. (Ord. 10870 § 212, 1993). 21 A-58 21A.06.865 Party of record. Party of record ("POR"): a person who has submitted written com- ments, testified, asked to be notified or is the sponsor of a petition entered as part of the official county record on a specific development proposal. (Ord. 10870 § 213, 1993). 21A.06.870 Peak hour. Peak hour: the hour during the morning or afternoon when the most critical level of service occurs for a particular roadway or intersection_ (Ord. 10870 § 214, 1993). 21A.06.875 Permanent school facilities. Permanent school facilities: facilities of a school district with a fixed foundation which are not relocatable facilities_ (Ord. 10870 § 215, 1993). 21A.06.880 Personal medical supply store. Personal medical supply store: an establishment engaged in the retail sale of eyeglasses, contact lenses, hearing aids, and artificial limbs, including only uses located in SIC Industry Nos.: A. 5995-Optical Goods Stores; and B. 5999-Hearing Aids and Orthopedic and Artificial Limb Stores. (Ord. 10870 § 216, 1993), 21A.06.885 Pet shop. Pet shop: an establishment engaged in the retail sale of pets, small animals, pet supplies, or grooming of pets, including only uses located in SIC Industry No. 5999-Pet shops. (Ord. 10870 § 217, 1993). 21A.06.890 Photographic and electronic shop. Photographic and electronic shop: an establishment engaged in the retail sale of cameras and photographic supplies, and a variety of household electronic equipment, including only uses located in SIC industry No.: A. 5946 - Camera and Photographic Supply Stores; B. 5999 - Binoculars and Telescopes; C. 5731 - Radio, Television, and Consumer Electronics Stores; and D. 5734 - Computer and Computer Software Stores. (Ord. 10870 § 218, 1993). 21A.06.895 Plant associations of infrequent occurrence. Plant associations of infrequent occurrence: one or more plant species of a landform type which does not often occur in King County because of the rarity of the habitat and/or the species involved or for other botanical or environmental reasons. (Ord. 10870 § 219, 1993). 21A.06.897 Plant factor. A factor which when multiplied by reference evapotranspiration, estimates the amount of water used by plants. (Ord. 11210 § 31, 1994). 21A.06.899 Potable water. Potable water: water suitable for human consumption. (Ord. 11210 § 32, 1994). 21A.06.899C Preliminary Flood Insurance Rate Map. Preliminary Flood Insurance Rate Map: the initial map issued by FEMA for public review and comment that delineates areas of flood hazard. (Ord. 15051 § 83, 2004). (King County 9-2007) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.899E - 21A.06.930 21A.06.899E. Preliminary Flood Insurance Study. Preliminary Flood Insurance Study: the preliminary report provided by FEMA for public review and comment that includes flood profiles, text, data tables and photographs. (Ord. 15051 § 84, 2004). 21A.06.900 Private. Private: solely or primarily for the use of residents or occupants of the premises; e.g., a non-commercial garage used solely by residents or their guests is a private garage. (Ord. 10870 § 220, 1993), 21A.06.908 Processing operation, waste materials. Processing operation waste materials: a site or establishment, accessory to mineral extraction or sawmill use, that is primarily engaged in crushing, grinding, pulverizing or otherwise preparing earth materials, vegetation, organic waste, construction and demolition materials or recycled and source separated nonhazardous waste materials and that is not the final disposal site. (Ord. 15032 § 7, 2004). 21 A--59 21A.06.910 Professional office. Professional office: an office used as a place of business by licensed professionals, or persons in other generally recognized professions, which use training or knowledge of a technical, scientific or other academic discipline as opposed to manual skills, and which does not involve outside storage or fabrication, or on -site sale or transfer of commodities; including only the following SIC Major Group and Industry Nos.: A. 64-Insurance Agents, Brokers and Service; B. 653-Real Estate Agents and Directors; C_ 7291-Income Tax Return Preparation Services; D. 81-Legal Services,- E. 871-Engineering, Architectural and Surveying Services; F. 872-Accounting, Auditing and Bookkeeping Services; and G. 874-Management and Public Relations Services. (Ord. 10870 § 222, 1993). 21A.06.915 Public agency. Public agency: any agency, political subdivision or unit of local government of this state including, but not limited to, municipal corporations, special purpose districts and local service districts, any agency of the State of Washington, the United States or any state thereof or any Indian tribe recognized as such by the federal government. (Ord. 10870 § 223, 1993). 21A.06.920 Public agency animal control facility. Public agency animal control facility: a facility for the impoundment and disposal of stray or abandoned small animals. (Ord. 10870 § 224, 1993). 21A.06.925 Public agency archive. Public agency archive: a facility for the enclosed storage of public agency documents or related materials, excluding storage of vehicles, equipment, or similar materials. (Ord. 10870 § 225, 1993). 21A.06.930 Public agency or utility office. Public agency or utility office: an office for the administration of any governmental or utility activity or program, with no outdoor storage and including, but not limited to uses located in SIC Major Group, Industry Group and Industry Nos.: A. 91-Executive, Legislative, and General Government, except Finance; B. 93-Public Finance, Taxation, and Monetary Policy; C. 94-Administration of Human Resource Programs; D. 95-Administration of Environmental Quality and Housing Program; E_ 96-Administration of Economic Programs; F, 972-International Affairs; G. 9222-Legal Counsel and Prosecution; and H. 9229-Public Order and Safety. (Ord. 10870 § 226, 1993). (King County 12-2006) 21 A.06.935 - 21 A.06.9585 ZONING 21A.06.935 Public agency or utility yard. Public agency or utility yard: a facility for open or enclosed storage, repair, and maintenance of vehicles, equipment, or related materials, excluding document storage. (Ord. 10870 § 227, 1993). 21A.06.940 Public agency training facility school for training state and local law enforcement, facilities including but not limited to: A. Dining and overnight accommodations; B_ Classrooms,- C. Shooting ranges; D. Auto test tracks; and Public agency training facility: an establishment or fire safety, national guard or transit personnel and E. Fire suppression simulations_ (Ord. 10870 § 228, 1993). 21 A-60 21A06.942 Public road right-of-way structure. Public road right-of-way structure: the existing, maintained, improved road right-of-way or railroad prism and the roadway drainage features including ditches and the associated surface water conveyance system, flow control and water quality treatment facilities and other structures that are ancillary to those facilities including catch -basins, access holes and culverts. (Ord. 15051 § 86, 2004). 21A.06.943 Public transportation amenities. Public transportation amenities: transfer of development rights (TDR) amenities financed by public transportation funds that shall provide transportation improvement or programs. (Ord. 14190 § 26, 2001: Ord. 13733 § 1, 2000). 21A.06.944 Puget Sound counties. Puget Sound counties: the twelve counties that border the waters of Puget Sound. (Ord. 15032 § 8, 2004), 21A.06.945 Radio frequency. Radio frequency: the number of times the current from a given source of non -ionizing electromagnetic radiation changes from a maximum positive level through a maximum negative level and back to a maximum positive level in one second; measured in cycles per second or Hertz ("Hz"), (Ord. 10870 § 229, 1993). 21A.06.950 Reasonable use. Reasonable use: a legal concept articulated by federal and state courts in regulatory taking cases. (Ord. 10870 § 230, 1993). 21A.06.955 Receiving site. Receiving site: land for which allowable residential density is increased over the base density permitted by the underlying zone, by virtue of permanently securing and dedicating to King County, or another qualifying agency, the development potential of an associated sending site. (Ord. 10870 § 231, 1993). 21A.06.957 Reclamation. Reclamation: the final grading and restoration of a site to reestablish the vegetative cover, soil stability and surface water conditions to accommodate and sustain all permitted uses of the site and to prevent and mitigate future environmental degradation. (Ord. 15051 § 87, 2004)_ 21A.06.958 Recreation, active. Recreation, active: structured individual or team activity that requires the use of special facilities, courses, fields or equipment. Active recreation requires a significant level of development, use and programming. Active recreation includes, but is not limited to, organized sporting events, such as baseball, football, soccer, golf, hockey, tennis and skateboarding, and to large- scale group picnics, gatherings and social events. (Ord. 15606 § 8, 2006). 21A.06.9585 Recreation, passive. Recreation, passive: recreational activities that do not require prepared facilities like sports fields or pavilions. Passive recreational activities place minimal stress on a site's resources and are highly compatible with natural resource protection, Passive recreation include, but is not limited to, camping, hiking, wildlife viewing, observing and photographing nature, picnicking, walking, bird watching, historic and archaeological exploration, swimming, bicycling, running/jogging, climbing, horseback riding and fishing. (Ord. 15606 § 9, 2006). (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.959 - 21A.06.997 21A.06.959 Recreation facilities, passive. Recreation facilities, passive: facilities to support passive recreation that do not involve significant levels of infrastructure or development, including, but not limited to, open fields, trails, children's play equipment and picnic sites for a small number of people. (Ord. 15606 § 10, 2006). 21A.06.960 Recreational vehicle ("RV"). Recreational vehicle ("RV"): a vehicle designed primarily for recreational camping, travel or seasonal use which has its own motive power or is mounted on or towed by another vehicle, including but not limited to: A. Travel trailer; B. Folding camping trailer; C. Park trailer- D. Truck camper; 21 A--61 E. Park trailer; F. Motor home; and G. Multi -use vehicle. (Ord. 10870 § 232, 1993). 21 A.06.965 Recreational vehicle parks. Recreational vehicle parks: the use of land upon which two or more recreational vehicle sites, including hook up facilities, are located for occupancy by the general public of recreational vehicles as temporary living quarters for recreation or vacation purposes. (Ord. 10870 § 233, 1993). 21A.06.970 Recyclable materiat. Recyclable material: a non -toxic, recoverable substance that can be re -processed for the manufacture of new products. (Ord. 10870 § 234, 1993). 21A.06.972 Reference evapotranspiration (Eto). Reference evapotranspiration (Etc): a standard measurement of environmental parameters which affect the water use of plants. (Ord. 11210 § 33, 1994). 21A.06.974 Regional road maintenance guidetines. Regional road maintenance guidelines: the National Marine Fisheries Service -published Regional Road Maintenance Endangered Species Act Program Guidelines. (Ord. 15051 § 88, 2004). 21A.06.980 Regional utility corridor. Regional utility corridor: a right-of-way tract or easement other than a street right-of-way which contains transmission lines or pipelines for utility companies. Right-of- way tracts or easements containing lines serving individual lots or developments are not regional utility corridors. (Ord. 10870 § 236, 1993). 21A.06.985 Relocatable facilities cost per student. Relocatable facilities cost per student: the estimated cost of purchasing and siting a relocatable facility in a school district for the grade span of school to be provided, as a function of the district's facilities standard per grade span and taking into account the requirements of students with special needs. (Ord. 10870 § 237, 1993). 21A.06.990 Relocatable facility. Relocatable facility: any factory -built structure, transportable in one or more sections that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities, to meet the needs of service areas within a district or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. (Ord. 10870 § 238, 1993), 21A.06.995 Relocation facilities. Relocation facilities: housing units within King County that provide housing to persons who have been involuntarily displaced from other housing units within King County as a result of conversion of their housing unit to other land uses. (Ord. 10870 § 239, 1993). 21A.06.997 Repair_ Repair: to fix or restore to sound condition after damage. "Repair" does not include replacement of structures or systems. (Ord. 15051 § 90, 2004)_ (King County 12-2006) 21 A.06.998 - 21 A.06.1020 ZONING 21A.06.998 Replace. Replace: to take or fill the place of a structure, fence, deck or paved surface with an equivalent or substitute structure, fence, deck or paved surface that serves the same purpose. "Replacement" may or may not involve an expansion_ (Ord. 15051 § 91, 2004), 21A.06.1000 Restoration. Restoration: for purposes of critical areas regulation, an action that reestablishes the structure and functions of a critical area or any associated buffer that has been altered. (Ord. 15051 § 92, 2004: Ord, 10870 § 240, 1993). 21 A---62 21A.06.1002 Resource land tract. Resource land tract: a tract of land, created through a subdivision or short subdivision cluster development in the RA zone, that may be used as a working forest or farm. (Ord. 14045 § 9, 2001). 21A,06.1005 Retail, comparison. Retail, comparison: provides for the sale of comparison good and services and is centrally located in the community or region. (Ord. 10870 § 241, 1993). 21A.06.1010 Retail, convenience. Retail, convenience: provides for daily living goods, is easy to access and use and is close to residential neighborhoods. (Ord. 10870 § 242, 1993). 21A.06.1011 Retaining wall. Retaining wall: any wall used to resist the lateral displacement of any material. (Ord. 12987 § 2, 1998). 21A.06.1011A Road amenities. Road amenities: transfer of development rights (TDR) amenities financed by road CIP or operating funds that shall provide transportation improvements or programs. (Ord. 14190 § 27, 2001: Ord. 13733 § 2, 2000). 21A.06.1011C Roadway. Roadway: the maintained areas cleared and graded within a road right-of-way or railroad prism. For a road right-of-way, "roadway" includes all maintained and traveled areas, shoulders, pathways, sidewalks, ditches and cut and fill slopes. For a railroad prism, "roadway" includes the maintained railbed, shoulders, and cut and fill slopes. "Roadway" is equivalent to the "existing, maintained, improved road right-of-way or railroad prism" as defined in the regional road maintenance guidelines. (Ord. 15051 § 93, 2004). 21A.06.1012 Runoff. Runoff: water not absorbed by the soil in the landscape area to which it is applied. (Ord. 11210 § 34, 1994). 21A.06.1013 Rural equestrian community trail. Rural equestrian community trail: an existing trail within the Equestrian Community, as mapped in the King County Comprehensive Plan, that has historically been used by the public for riding horses, and that may also have historically been used by or is suitable for use by other non -motorized trail users_ (Ord. 14045 § 7, 2001). 21A.06.1014 Rural forest focus areas. Rural forest focus areas: Mapped geographic areas where special efforts to maintain forest cover and the practice of sustainable forestry are warranted. (Ord. 14045 § 8, 2001). 21A.06.1015 Salmonid. Salmonid: a member of the fish family Salmonidae, including, but not limited to A. Chinook, coho, chum, sockeye and pink salmon; B. Rainbow, steelhead and cutthroat salmon, which are also known as trout; C_ Brown trout; D. Brook, bull trout, which is also known as char, and Dolly Varden char; E. Kokanee; and F. Pygmy whitefish. (Ord. 15051 § 94, 2004: Ord. 10870 § 243, 1993). 21A.06.1020 School bus base. School bus base: an establishment for the storage, dispatch, repair and maintenance of coaches and other vehicles of a school transit system. (Ord. 10870 § 244, 1993). (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.1025 - 21A.06.1080 21A.06.1025 School district. School district: any school district in King County whose boundaries include unincorporated areas of the county. (Ord. 10870 § 245, 1993). 21A.06.1030 School district support facility. School district support facility: uses (excluding schools and bus bases) that are required for the operation of a school district. This term includes school district administrative offices, centralized kitchens, and maintenance or storage facilities. (Ord. 10870 § 246, 1993). 21 A-63 21A.06.1035 Schools, elementary, and middle/junior high. Schools, elementary, and middle/junior high: institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades kindergarten through nine, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 10870 § 247, 1993). 21A.06.1040 Schools, secondary or high school. Schools, secondary or high school: institutions of learning offering instruction in the several branches of learning and study required by the Education Code of the State of Washington in grades nine through twelve, including associated meeting rooms, auditoriums and athletic facilities. (Ord. 10870 § 248, 1993). 21A.06.1043 Secure community transition facility ("SCTF" ). Secure community transition facility ("SCFT'): A facility for persons civilly committed and conditionally released to a less restrictive alternative in accordance with chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. (Ord. 14503 § 2, 2002). 21A.06.1045 Seismic hazard area. Seismic hazard area: an area subject to severe risk of earthquake damage from seismically induced settlement or lateral spreading as a result of soil liquefaction in an area underlain by cohesionless soils of low density and usually in association with a shallow groundwater table. (Ord. 15051 § 95, 2004: Ord. 10870 § 249, 1993). 21A.06.1050 Self-service storage facility. Self-service storage facility: an establishment containing separate storage spaces that are leased or rented as individual units. (Ord. 10870 § 250, 1993). 21A.06.1055 Sending site. Sending site: land designated in K.C.C. 21A.36 as capable of provid- ing a public benefit if permanently protected by virtue of having its zoned development potential transferred to another property. (Ord. 10870 § 251, 1993). 21A.06.1060 Senior citizen. Senior citizen: a person aged 62 or older. (Ord. 11157 § 8, 1993: Ord. 10870 § 252, 1993). 21A.06.1462 Senior citizen assisted housing. Senior citizen assisted housing: housing in a building consisting of two or more dwelling units or sleeping units restricted to occupancy by at least one senior citizen per unit, and may include the following support services, as deemed necessary: A. Food preparation and dining areas; B. Group activity areas; C. Medical supervision, and D. Similar activities. (Ord. 11157 § 9, 1993: Ord. 10870 § 634 (part), 1993 [Originally Ord. 10870 § 112j!). 21A.06.1070 Setback. Setback: the minimum required distance between a structure and a specified line such as a lot, easement or buffer line that is required to remain free of structures. (Ord. 10870 § 254, 1993). 21A.06.1075 Shelters for temporary placement. Shelters for temporary placement: housing units within King County that provide housing to persons on a temporary basis for a duration not to exceed four weeks. (Ord, 10870 § 255, 1993). 21A.06.1080 Shooting range. Shooting range: a facility designed to provide a confined space for safe target practice with firearms, archery equipment, or other weapons. (Ord. 10870 § 256, 1993). (King County 12-2006) 21 A.06A 082 - 21 A.06.1135 ZONING 21A.06.1082 Shoreline. Shoreline: those lands defined as shorelines of the state in the Shorelines Management Act of 1971, chapter 90.58 RCW. (Ord. 15051 § 97, 2004). 21A.06.1084 Side channel. Side channel: a channel that is secondary to and carries water to or from the main channel of a stream or the main body of a lake or estuary, including a back -watered 21 A-64 channel or area and oxbow channel that is still connected to a stream by one or more aboveground channel connections or by inundation at the base flood. (Ord. 15051 § 98, 2004). 21 A.06.1085 Sign. Sign: any device, structure, fixture, or placard that is visible from a public right- of-way or surrounding properties and uses graphics, symbols, or written copy for the purpose of advertising or identifying any establishment, product, goods, or service. (Ord. 10870 § 257, 1993). 21A.06.1090 Sign, awning. Sign, awning: a sign painted on or attached directly to and supported by an awning. An awning may be constructed of rigid or non -rigid materials and may be retractable or non - retractable. (Ord. 13014 § 1, 1998: Ord. 10870 § 258, 1993). 21A.06.1095 Sign, changing message center. Sign, changing message center: an electrically controlled sign that contains advertising messages which changes at intervals of three minutes or greater. (Ord. 10870 § 259, 1993). 21A.06.1100 Sign, community bulletin board. Sign, community bulletin board: a permanent sign used to notify the public of community events and public services, and which contains no commercial advertising. (Ord. 10870 § 260, 1993). 21A.06.1105 Sign, directional. Sign, directional: a sign designed to guide or direct pedestrian or vehicular traffic to an area, place or convenience, and may include incidental graphics such as trade names and trademarks. (Ord. 10870 § 261, 1993). 21A.06.1110 Sign, freestanding. Sign, freestanding: a sign standing directly upon the ground or having one or more supports standing directly upon the ground, and being detached from any building or fence. (Ord. 10870 § 262, 1993). 21A.06.1115 Sign, fuel price. Sign, fuel price: a sign utilized to advertise the price of gasoline and/or diesel fuel. (Ord. 10870 § 263, 1993). 21A.06.1120 Sign, incidental. Sign, incidental: a sign, emblem or decal designed to inform the public of goods, facilities, or services ava0able on the premises, and may include but not limited to signs designating: A. Restrooms; B. Hours of operation; C. Acceptable credit cards; D. Property ownership or management; E. Phone booths; and F. Recycling containers. (Ord. 10870 § 264, 1993). 21A.06.1125 Sign, indirectly illuminated. Sign, indirectly illuminated: a sign that is illuminated entirely from an external artificial source. (Ord. 10870 § 265, 1993). 21A.06.1130 Sign, monument. Sign, monument: a freestanding sign that is above ground level and is anchored to the ground by a solid base, with no open space between the sign and the ground. (Ord. 10870 § 266, 1993). 21A.06.1135 Sign, off -premise directional. Sign, off -premise directional: a sign which contains no advertising of a commercial nature which is used to direct pedestrian or vehicular traffic circulation to a facility, service or business located on other premises within six hundred and sixty feet of the sign. (Ord. 10870 § 267, 1993). (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.1140 - 21 A.06.1182 21A.06.1140 Sign, on -premise. Sign, on -premise: a sign which displays a message which is incidental to and directly associated with the use of the property on which it is located. (Ord. 10870 § 268, 1993). PAF-Am=9 21A.06.1145 Sign, permanent residential development identification. Sign, permanent residential development identification: a permanent sign identifying the residential development upon which the sign is located, (Ord. 10870 § 269, 1993). 21A.06.1150 Sign, portable. Sign, portable: a sign which is capable of being moved and is not permanently affixed to the ground, a structure or building. (Ord_ 10870 § 270, 1993). 21A.06.1155 Sign, projecting. Sign, projecting: any sign which is attached to and supported by the exterior wall of a building with the exposed face of the sign on a plane perpendicular to the wall of the building; projecting more than one foot from the wall of a building and vertical to the ground. (Ord. 13014 § 2, 1998: Ord. 10870 § 271, 1993). 21A.06.1160 Sign, time and temperature. Sign, time and temperature. an electrically controlled sign that contains messages for date, time, and temperature, which changes at intervals of one minute or less. (Ord. 10870 § 272, 1993). 21A.06.1165 Sign, wall. Sign, wall: any sign painted on, or attached directly to and supported by, a building or structure; with the exposed face of the sign on a plane parallel to the portion of the building or structure to which it is attached; projecting no more than one foot from the building or structure; including win-dow signs which are permanently attached. (Ord. 13014 § 3, 1998: Ord. 10870 § 273, 1993). 21A.06.1167 Significant tree: an existing healthy tree that is not a hazard tree (i.e. a tree that does not have a high probability of imminently falling due to a debilitating disease or structural defect) and that, when measured four and one-half feet above grade, has a minimum diameter of: A. Eight inches for evergreen trees; or B. Twelve inches for deciduous trees. (Ord_ 13576 § 1, 1999). 21A.06.1170 Site. Site: A single lot, or two or more contiguous lots that are under common ownership or documented legal control, used as a single parcel for a development proposal in order to calculate compliance with the standards and regulations of this title. (Ord. 11922 § 2, 1995). 21A.06.1172 Site area. Site area: the total horizontal area of a project site. (Ord. 15051 § 99, 2004: Ord. 11555 § 1, 1994). 21A.06.1175 Site cost per student. Site cost per student: the estimated cost of a site in the district for the grade span of school to be provided, as a function of the district's facilities standard per grade span and taking into account the requirements of students with special needs, (Ord. 10870 § 275, 1993). 21A.06.1177 SITUS File. SITUS File: information on an individual parcel of land, including its size, known extent of existing development, known environmental constraints, approval conditions and other site -specific information, contained in the computerized permitting and land parcel data base of the department of development and environmental services or its successor agencies. (Ord. 11621 § 28, 1994). 21A.06.1180 Ski area. Ski area: an establishment for cross-country or downhill ski runs and including, but not limited to: A. Chair lifts; B. Warming huts; and C. Supporting services. (Ord. 10870 § 276, 1993). 21A.06.1182 Slope. Slope: an inclined ground surface, the inclination of which is expressed as a ratio of vertical distance to horizontal distance. (Ord. 15051 § 100, 2004). 21 A_06.1185 - 21 A.06.1225 (King County 12-2006) ZONING 21A.06.1185 Soil recycling facility. Soil recycling facility: an establishment engaged in the collection, storage and treatment of contaminated soils to remove and reuse organic contaminants. (Ord_ 10870 § 277, 1993). 21 A-66 21A.06.1190 Source -separated organic material. Source -separated organic material: vegetative material, scrap lumber or wood, or other materials that provide a source for recycled or composted products. This does not include chemically treated wood products ariftr toxic organic substances. (Ord. 10870 § 278, 1993). 21A.06.1195 Special use permit. Special use permit: a permit granted by the County to locate a regional land use at a particular location, subject to conditions placed on the proposed use to ensure compatibility with adjacent land uses. (Ord. 10870 § 279, 1993). 21A.06.1200 Specialized instruction school. Specialized instruction school: establishments engaged in providing specialized instruction in a designated field of study, rather than a full range of courses in unrelated areas; including, but not limited to: A. Art; B. Dance; C. Music; D. Cooking; and E. Driving. (Ord. 15032 § 9, 2004: Ord_ 10870 § 280. 1993). 21A.06.1205 Specified sexual activities. Specified sexual activities: human genitalia in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy; or erotic fondling, touching or display of human genitalia, pubic region, buttock, or female breast. (Ord. 10870 § 281, 1993). 21A.06.1210 Sporting goods store. Sporting goods store, an establishment engaged in the retail sale of sporting goods and equipment, including only uses located in SIC Industry Nos.: A. 5941-Sporting Goods Stores and Bicycle Shops; and B. 5999-Tent Shops and Trophy Shops. (Ord. 10870 § 282, 1993). 21A.06.1215 Sports club. Sports club: an establishment engaged in operating physical fitness facilities and sports and recreation clubs, including only uses located in SIC Industry Nos.: A. 7991-Physical Fitness Facilities; and B. 7997-Membership Sports and Recreation Clubs. (Ord. 10870 § 283, 1993). 21A.06.1220 Stable. Stable: a structure or facility in which horses or other livestock are kept for: A. Boarding; B. Training; C. Riding lessons; D. Breeding; E. Rental; or F. Personal use. (Ord. 10870 § 284, 1993). 21A.06.1225 Standard of service, school districts. Standard of service, school districts: the standard adopted by each school district which identifies the program year, the class size by grade span and taking into account the requirements of students with special needs, the number of classrooms, the types of facilities the district believes will best serve its student population, and other factors as identified by the school district. The district's standard of service shall not be adjusted for any portion of the classrooms housed in relocatahle facilities which are used as transitional facilities or for any specialized facilities housed in relocatable facilities. Except as otherwise defined by the school board pursuant to a board resolution, transitional facilities shall mean those facilities that are used to cover the time required for the construction of permanent facilities; provided that, the "necessary financial commitments" as defined in Section 21A.28 are in place to complete the permanent facilities called for in the capital plan. (Ord. 10870 § 285, 1993). (King County 12-2006) TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.1230 - 21 A.06.1265 21A.06.1230 Steep slope hazard area. Steep slope hazard area: an area on a slope of forty percent inclination or more within a vertical elevation change of at least ten feet. For the purpose of this 21 A---67 definition, a slope is delineated by establishing its toe and top and is measured by averaging the inclination over at least ten feet of vertical relief. Also for the purpose of this definition: A. The "toe" of a slope means a distinct topographic break in slope that separates slopes inclined at less than forty percent from slopes inclined at forty percent or more. Where no distinct break exists, the "toe" of a slope is the lower most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of twenty five feet; and B. The "top" of a slope is a distinct topographic break in slope that separates slopes inclined at less than forty percent from slopes inclined at forty percent or more. Where no distinct break exists, the "top" of a slope is the upper -most limit of the area where the ground surface drops ten feet or more vertically within a horizontal distance of twenty-five feet. (Ord. 15051 § 101, 2004: Ord. 10870 § 286, 1993). 21A.06.1235 Stream functions. Stream functions: natural processes performed by streams including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, such as purifying water, acting as recharge and discharge areas for groundwater aquifers, moderating surface and storm water flows and maintaining the free flowing conveyance of water, sediments and other organic matter. (Ord. 10870 § 287, 1993). 21A.06.1240 Stream. Stream: an aquatic area where surface water produces a channel, not including a wholly artificial channel, unless it is: A. Used by salmonids; or B. Used to convey a stream that occurred naturally before construction of the artificial channel. (Ord. 15051 § 102, 2004: Ord. 10870 § 288, 1993), 21A.06.1245 Street. Street, a public or recorded private thoroughfare providing pedestrian and vehicular access through neighborhoods and communities and to abutting property. (Ord. 10870 § 289, 1993), 21A.06.1250 Street frontage. Street frontage: any portion of a lot or combination of lots which directly abut a public right-of-way. (Ord. 10870 § 290, 1993). 21A.06.1255 Structure. Structure: anything permanently constructed in or on the ground, or over the water; excluding fences six feet or less in height, decks less than 18 inches above grade, paved areas, and structural or non-structural fill. (Ord. 12987 § 3, 1998. Ord. 10870 § 291, 1993). 21A.06.1260 Student factor. Student factor: the number derived by a school district to describe how many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on district records of average actual student generated rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; if such information is not available in the district, data from adjacent districts, districts with similar demographics, or county wide averages must be used. Student factors must be separately determined for single family and multifamily dwelling units, and for grade spans, (Ord. 10870 § 292, 1993). 21A.06.1265 Submerged land. Submerged land: any land at or below the ordinary high water mark of an aquatic area. (Ord. 15051 § 103, 2004: Ord. 10870 § 293, 1993). 21A.06.1270 - 21A.06.1278 (King County 3-2005) ZONING 21A.06.1270 Substantial improvement. Substantial improvement: 21 A-68 AA. Any maintenance, repair, structural modification, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either: a. before the improvement or repair is started; or b. if the structure has been damaged and is being restored, before the damage occurred. 2. For purposes of this definition, the cost of any improvement is considered to begin when the first alteration of any wall, ceiling, floor or other structural part of the building begins, whether or not that alteration affects the external dimensions of the structure; and B. Does not include either: 1. Any projects for improvement of a structure to correct existing vioiations of state or local health, sanitary or safety code specifications that have been identified by the local code enforcement official and that are the minimum necessary to ensure safe living conditions; or 2. any alteration of a structure listed an the national Register of Historic P#aces or a state or local inventory of historic resources. (Ord. 15051 § 104, 2004: Ord. 10870 § 294, 1993). 21A.06.1271 Surface water conveyance. Surface water conveyance: a drainage facility designed to collect, contain and provide for the flow of surface water from the highest point on a development site to receiving water or another discharge point, connecting any required flaw control and water quality treatment facilities along the way. "Surface water conveyance" includes but is not limited to, gutters, ditches, pipes, biofiltration swales and channels. (Ord. 15051 § 105, 2004). 21A.06.1272 Surface water discharge. Surface water discharge: the flow of surface water into receiving water or another discharge point. (Ord. 15051 § 106, 2004). 21A.06.1273 TDR. TDR transfer of development rights. (Ord. 14190 § 28, 2001: Ord. 13733 § 3, 2000). 21A.06.1273A TDR amenities. TDR amenities: improvements or programs that are implemented to facilitate increased densities on or near receiving sites inside cities or in the urban unincorporated area. (Ord. 14190 § 29, 2001: Ord. 13733 § 4, 2000). 21A.06.1273B TDR bank fund. TDR bank fund: the fund established under K.C.C. 4,08.327, (Ord. 14190 § 30, 2001: Ord. 13733 § 5, 2000). 21A.06.1273C TDR conversion ratio. TDR conversion ratio: the ratio by which development rights purchased from a sending site are converted into additional development capacity for use on a receiving site. (Ord. 14190 § 31, 2001: Ord. 13733 § 6, 2000). 21A.06.1273D TDR executive board. TDR executive board: the board established K_C.C_ chapter 21 A.37, (Ord. 14190 § 32, 2001: Ord. 13733 § 7, 2000). 21A.06.1274 TDR extinguishment document. TDR extinguishment document: a document prepared by King County and signed and recorded by the owner of transfer of development rights (TDR) that documents the transfer of development rights from one property to another and permanently prohibits any future use of these rights. (Ord. 14190 § 20, 2001). 21A.06.1275 Temporary use permit. Temporary use permit: permit to allow a use of limited duration and/or frequency, or to allow multiple related events over a specified period. (Ord. 10870 § 295, 1993)_ 21A.06.1277 Theater. Theater: an establishment primarily engaged in the indoor exhibition of motion pictures or of live theatrical presentations. (Ord. 13022 § 5, 1998). 21A.06.1278 Theatrical production services. Theatrical production services: an establishment engaged in uses located in SIC Industry No. 792 - Theatrical Producers (Except Motion Picture), Bands, Orchestras, and Entertainers, except establishments primarily engaged in providing live theatrical presentations, such as road companies and summer theaters. (Ord. 13022 § 6, 1998). (King County 3-2005) TECHNICAL TERMS AND LAND USE DEFINITIONS 21 A.06.1280 - 21A.06.1331 21A-69 21A.06.1280 Tightline sewer. Tightline sewer: a sewer trunk line designed and intended specifically to serve only a particular facility or place, and whose pipe diameter should be sized appropriately to ensure service only to that facility or place_ it may occur outside the local service area for sewers, but does not amend the local service area. (Ord. 10870 § 296, 1993). 21A.06.1285 Trails. Trails: man-made pathways designed and intended for use by pedestrians, bicyclists, equestrians, and/or recreational users. (Ord. 10870 § 297, 1993). 21A.06.1290 Transfer station. Transfer station: a staffed collection and transportation facility used by private individuals and route collection vehicles to deposit solid waste collected off -site into larger transfer vehicles for transport to permanent disposal sites; and may also include recycling facilities involving collection or processing for shipment. (Ord, 10870 § 298, 1993). 21A.06.1295 Transit base. Transit base: an establishment for the storage, dispatch, repair and maintenance of coaches, light rail trains, and other vehicles of a public transit system. (Ord. 10870 § 299, 1993). 21A.06.1305 Transitional housing facilities. Transitional housing facilities: housing units within King County owned by public housing authorities, nonprofit organizations or other public interest groups that provide housing to persons on a temporary basis for a duration not to exceed 24 months in conjunction with job training, self sufficiency training, and human services counseling; the purpose of which is to help persons make the transition from homelessness to placement in permanent housing. (Ord. 10870 § 301, 1993). 21A.06.1310 Transmission equipment. Transmission equipment: equipment, such as antennae and satellite, or point-to-point microwave dishes, that transmit or receive radio signals. (Ord. 10870 § 302, 1993). 21A.06.1315 Transmission line booster station. Transmission line booster station: an establishment containing equipment designed to increase voltage of electrical power transported through transmission and/or distribution lines to compensate for power loss due to resistance. (Ord. 10870 § 303, 1993). 21A.06.1320 Transmission support structure. Transmission support structure: a pole or lattice- work structure specifically designed and intended to support antenna and related communication equipment. The term does not include poles or lattice -work towers supporting above -ground distribution or transmission lines for utility services such as electric, telephone, cable, etc. (Ord. 13129 § 19, 1998: Ord. 10870 § 304, 1993). 21A.06.1325 Transmitter building. Transmitter building: building used to contain communication transmission equipment. (Ord. 10870 § 305, 1993). 21A.06.1330 Transportation system management ("TSM"). Transportation System Management ("TSM"): low-cost projects that can be implemented in a short time frame designed to increase the efficiency of existing transportation facilities. This also includes transit and/or ride sharing measures to decrease single occupancy vehicle trips. (Ord. 10870 § 306, 1993). 21A.06.1331 Tree, hazard. Tree, hazard: any tree with a structural defect, combination of defects or disease resulting in structural defect that, under the normal range of environmental conditions at the site, will result in the loss of a major structural component of that tree in a manner that will: A. Damage a residential structure or accessory structure, place of employment or public assembly or approved parking for a residential structure or accessory structure or place of employment or public assembly; B. Damage an approved road or utility facility; or C. Prevent emergency access in the case of medical hardship. (Ord. 15051 § 107, 2004). 21 A.06.1332 - 21 A.06.1365 (King County 3-2005) ZONING 21 A-70 21A.06.1332 Trough subsidence. Trough subsidence: a readily predictable or historically observed surface depression phenomena caused by coal extraction which is generally characterized by a gentle and continuous dish shape which may extend beyond the subsurface area in which coal mining has occurred. (Ord. 13319 § 5, 1998). 21A.06.1335 Ultimate roadway section. Ultimate roadway section: a designation by King County that the maximum roadway or intersection capacity has been reached and further right-of-way acquisition and/or improvements are not feasible to increase peak hour vehicle capacity. (Ord. 10870 § 307, 1993). 21A.06.1340 Urban Plan Development (UPD). Urban Plan Development: a site specific project consisting of conceptual site plan(s), development standards, processing and other elements. (Ord. 10870 § 308, 1993). 21A.06.1345 Use. Use: activity or function carried out on an area of land, or in a building or structure located thereon. Any use subordinate or incidental to the primary use on a site is considered an accessory use. (Ord. 10870 § 309, 1993). 21A.06.1348 Utility corridor. Utility corridor: a narrow strip of land containing underground or above -ground utilities and the area necessary to maintain those utilities. A "utility corridor" is contained within and is a portion of any utility right-of-way or dedicated easement. (Ord. 15051 § 108, 2004). 21A.06.1350 Utility facility. Utility facility: a facility for the distribution or transmission of services, including: A. Telephone exchanges; B. Water pipelines, pumping or treatment stations; C. Electrical substations; D. Water storage reservoirs or tanks; E. Municipat groundwater well -fields; F. Regional surface water flow control and water quality facilities; G. Natural gas pipelines, gate stations and limiting stations; H. Propane, compressed natural gas and liquefied natural gas storage tanks serving multiple lots or uses from which fuel is distributed directly to individual users; I. Wastewater pipelines, lift stations, pump stations, regulator stations or odor control facilities; and J. Communication cables, electrical wires and associated structural supports. (Ord. 15051 § 109, 2004: Ord. 10870 § 310, 1993). 21A.06.1352 Vactor waste. Vactor waste means liquid or so€id waste material collected from catch basins, retention/detention facilities or drainage pipes. (Ord. 12018 § 1, 1995). 21A.06.1353 Vactor waste receiving facility. Vactor waste receiving facility means a facility where vactor waste is brought for treatment and storage prior to final disposal. (Ord. 12018 § 2, 1995). 21A.06.1355 Variance. Variance: an adjustment in the application of standards of a zoning code to a particular property. (Ord. 10870 § 311, 1993). 21A.06.1360 Vegetation. Vegetation: any and all plant life growing at, below or above the soil surface. (Ord. 10870 § 312, 1993). 21A.06.1365 Vocational school. Vocational school: establishments offering training in a skill or trade to be pursued as a career, including only uses located in SIC Industry Group No.: A_ 824-Vocational Schools; and B. 8222-Technical Institutes. (Ord. 10870 § 313, 1993). (King County 3-2005) 21 A-71 TECHNICAL TERMS AND LAND USE DEFINITIONS 21A.06.1370 - 21A.06,1391 21A.06.1370 Volcanic hazard area. Volcanic hazard area: an area subject to inundation by mudflows, lahars or related flooding resulting from volcanic activity on Mount Rainier, delineated based on recurrence of an event equal in magnitude to the prehistoric Electron mudflow. (Ord. 15051 § 110, 2004: Ord. 10870 § 314, 1993). 21A.06.1375 Warehousing and wholesale trade. Warehousing and wholesale trade: establishments involved in the storage and/or sale of bulk goods for resale or assembly, excluding establishments offering the sale of bulk goods to the general public which is classified as a retail use in K.C.C. 21A.08,070. These establishments shall include only SIC Major Group Nos. 50 and 51 and SIC Industry Group Nos. 422 and 423. (Ord. 10870 § 315, 1993). 21A.06.1380 Wastewater treatment facility. Wastewater treatment facility: a plant for collection, decontamination and disposal of sewage, including residential, industrial and agricultural liquid wastes, and including any physical improvement within the scope of the definition of "water pollution control facility" set forth in WAC 173-90-015(4) as amended. (Ord. 10870 § 316, 1993). 21A.06.1382 Water budget. Water budget: the upper limit of irrigation water applied to the established landscape area. (Ord. 11210 § 35, 1994). 21A.06.1385 Water dependent use. Water dependent use: a land use which can only exist when the interface between wet meadows, grazed land and water provides the biological or physical conditions necessary for the use. (Ord_ 10870 § 317, 1993). 21 A.06.1390 Wet meadow, grazed or tilled. Wet meadow, grazed or tilled: an emergent wetland that has grasses, sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. (Ord. 15051 § 111, 2004: Ord. 10870 § 318, 1993). 21A.06.1391 Wetland. Wetland: an area that is not an aquatic area and that is inundated or saturated by ground or surface water at a frequency and duration sufficient to support, and under normal circumstances supports, a prevalence of vegetation typically adapted for life in saturated soil conditions. For purposes of this definition_ A. Where the vegetation has been removed or substantially altered, "wetland" is determined by the presence or evidence of hydric soil, by other documentation such as aerial photographs of the previous existence of wetland vegetation or by any other manner authorized in the wetland delineation manual required by RCW 36.70A.175; and B. Except for artificial features intentionally made for the purpose of mitigation, "wetland" does not include an artificial feature made from a nonwetland area, which may include, but is not limited to: 1. A surface water conveyance for drainage or irrigation; 2. A grass -lined swale; 3. A canal; 4. A flow control facility; 5. A wastewater treatment facility; 6. A farm pond; 7. A wetpond; 8. Landscape amenities; or 9. A wetland created after July 1, 1990, that was unintentionally made as a result of construction of a road, street or highway. (Ord. 15051 § 119, 2004: Ord. 12122 § 1, 1996: Ord. 11621 § 34, 1994: 10870 § 323, 1993). 21 A-72 (King County 3-2005) 21A.06.1392 - 21A.06.1416 ZONING 21A.06.1392 Wetland complex. Wetland complex: a grouping of two or more wetlands, not including grazed wet meadows, that meet the following criteria: A. Each wetland included in the complex is within five hundred feet of the delineated edge of at least one other wetland in the complex; B. The complex includes at least: 1. one wetland classified category I or 11; 2. three wetlands classified category III; or 3. four wetlands classified category IV; C. The area between each wetland and at least one other wetland in the complex is predominately vegetated with shrubs and trees; and D. There are not any barriers to migration or dispersal of amphibian, reptile or mammal species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding. (Ord. 15051 § 112, 2004). 21A.06.1393 Wetland creation. Wetland creation: For purposes of wetland mitigation, the manipulation of the physical, chemical or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities to create a wetland typically involve excavation of upland soils to elevations that will produce a wetland hydroperiod, create hydric soils and support the growth of hydrophytic plant species. Wetland creation results in a gain in wetland acres. (Ord. 15051 § 113, 2004). 21A.06.1395 Wetland edge. Wetland edge: the line delineating the outer edge of a wetland, consistent with the wetland delineation manual required by RCW 36.70A.175. (Ord. 15051 § 114, 2004: Ord. 11977 § 1, 1995: Ord. 10870 § 319, 1993). 21A.06.1397 Wetland enhancement. Wetland enhancement: The manipulation of the physical, chemical, or biological characteristics of a wetland site to heighten, intensify or improve specific functions or to change the growth state or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or wildlife habitat. Wetland enhancement activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying site elevations or the proportion of open water to influence hydroperiods or some combination of these. Wetland enhancement results in a change in some wetland functions and can lead to a decline in other wetland functions, but does not result in a gain in wetland acres. (Ord. 15051 § 115, 2004). 21A.06.1400 Wetland, forested. Wetland, forested: a wetland that is dominated by mature woody vegetation or a wetland vegetation class that is characterized by woody vegetation at least twenty feet tail. (Ord. 15051 § 116, 2004: Ord. 10870 § 320, 1993). 21A.06.1405 Wetland functions. Wetland functions: natural processes performed by wetlands including functions which are important in facilitating food chain production, providing habitat for nesting, rearing and resting sites for aquatic, terrestrial and avian species, maintaining the availability and quality of water, acting as recharge and discharge areas for groundwater aquifers and moderating surface and storm water flows, as well as performing other functions including, but not limited to, those set forth in 33 CFR 320.4(b)(2), 1988. (Ord. 10870 § 321, 1993). 21A.06.1414 Wetland reestablishment. Wetland reestablishment: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities to reestablish a wetland include removing fill material, plugging ditches, or breaking drain tiles. Wetland reestablishment results in a gain in wetland acres. (Ord. 15051 § 120, 2004). 21A.06.1416 Wetland rehabilitation. Wetland rehabilitation: For purposes of wetland mitigation, the manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic functions of a degraded wetland. Activities to rehabilitate a wetland include breaching a dike to reconnect wetlands to a floodplain or return tidal influence to a wetland. Wetland rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres. (Ord. 15051 § 121, 2004). 21 A----73 (King County 3-2005) TECHNICAL TERMS AND LAND USE DEFINITIONS 21 A.06.1418 - 21 A.06.1440 21A.06.1418 Wetland vegetation class. Wetland vegetation class: a wetland community classified by its vegetation including aquatic bed, emergent, forested and shrub -scrub. To constitute a separate wetland vegetation class, the vegetation must be at least partially rooted within the wetland and must occupy the uppermost stratum of a contiguous area or comprise at least thirty percent areal coverage of the entire wetland. (Ord. 15051 § 122, 2004). 21A.06.1420 Wetpond. Wetpond: an artificial water body constructed as a part of a surface water management system. (Ord. 10870 § 324, 1993). 21A.06.1422 Wildlife. Wildlife: birds, fish and animals, that are not domesticated and are considered to be wild. (Ord. 15051 § 123, 2004). 21A.06.1423 Wildlife habitat conservation area. Wildlife habitat conservation area: an area for a species whose habitat the King County Comprehensive Plan requires the county to protect that includes an active breeding site and the area surrounding the breeding site that is necessary to protect breeding activity. (Ord. 15051 § 124, 2004). 21A.06.1424 Wildlife habitat network. Wildiife habitat network: the official wildlife habitat network defined and mapped in the King County Comprehensive Plan that links wildlife habitat with critical areas, critical area buffers, priority habitats, trails, parks, open space and other areas to provide for wildlife movement and alleviate habitat fragmentation. (Ord. 15051 § 125, 2004), 21A.06.1425 Wildlife shelter. Wildlife shelter: a facility for the temporary housing of sick, wounded or displaced wildlife. (Ord. 10870 § 325, 1993). 21A.06.1430 Work release facility. Work release facility: a facility which allows the opportunity for convicted persons to be employed outside of the facility, but requires confinement within the facility when not in the place of employment. (Ord. 10870 § 326, 1993). 21A.06.1432 Wrecked, dismantled or inoperative vehicle. "Wrecked, dismantled or inoperative vehicle" means a motor vehicle or the remains or remnant parts of a motor vehicle, or an extensively damaged recreational vehicle or boat, that is clearly inoperative and either cannot be made operative without the addition of vital parts or mechanisms or is damaged to the extent that it prevents normal operation of the vehicle, or both. (Ord. 14309 § 14, 2002: Ord, 12024 § 11, 1995). 21A.06.1435 Yard or organic waste processing facility. Yard or organic waste processing facility: a site where yard and garden wastes, including wood and landclearing debris, are processed into new products such as soil amendments and wood chips. (Ord. 11157 § 10, 1993: Ord. 10870 § 327, 1993). 21A.06.1440 zoo animal breeding facility. Zoo animal breeding facility: a non-profit farm which is owned by an American Zoo and Aquarium Association (AZA) accredited zoo, is accredited by the AZA and is operated in conformance with all licensing requirements of the United States Department of Agriculture for the purposes of long-term species survival, propagation, conservation, research, and husbandry of native and exotic wildlife and for training zao professionals, biologists, veterinarians and other zoo -related researchers. (Ord. 12709 § 3, 1997). 21 A-74 BLANK 21 A-75 (King County 3-2005) PERMITTED USE 21A.08 Chapter 21A.08 PERMITTED USES Sections 21A.08.010 Establishment of uses. 21A.08.020 Interpretation of land use tables. 21A.08.030 Residential land uses. 21A.08.040 Recreational/cultural land uses. 21A.0&.050 General services land uses. 21A.08,060 Government/business service land uses. 21A_08.070 Retail land uses. 21A.08.080 Manufacturing land uses. 21A.08.090 Resource land uses. 21A.08.100 Regional land uses. 21A.08.900 Applicability —Ordinance 13694_ 21A.08.901 Severability — Ordinance 13694. 21A-75 BLANK (King County 3-2005) 21A-76 PERMITTED USE 21A.08.010 - 21A.08.020 21A.08.010 Establishment of uses. The use of a property is defined by the activity for which the building or lot is intended, designed, arranged, occupied, or maintained. The use is considered permanently established when that use will or has been in continuous operation for a period exceeding sixty days. A use which will operate for less than sixty days is considered a temporary use, and subject to the requirements of K.C.C. 21A.32 of this title_ All applicable requirements of this code, or other applicable state or federal requirements, shall govern a use located in unincorporated King County. (Ord, 10870 § 328, 1993). 21A.08.020 Interpretation of land use tables. A. The land use tables in this chapter determine whether a specific use is allowed in a zone district. The zone district is located on the vertical column and the specific use is located on the horizontal row of these tables. B. If no symbol appears in the box at the intersection of the column and the row, the use is not allowed in that district, except for certain temporary uses. C. If the letter "P" appears in the box at the intersection of the column and the row, the use is allowed in that district subject to the review procedures specified in K.C.C. 21A.42 and the general requirements of the code. D. If the letter "C" appears in the box at the intersection of the column and the row, the use is allowed subject to the conditional use review procedures specified in K.C.C. 21A_42 and the general requirements of the code. E. If the letter "S" appears in the box at the intersection of the column and the row, the regional use is permitted subject to the special use permit review procedures specified in K.C.C_ 21A_42 and the general requirements of the code. F. if a number appears in the box at the intersection of the column and the row, the use may be allowed subject to the appropriate review process indicated above, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the land use table. G. If more than one letter -number combination appears in the box at the intersection of the column and the row, the use is allowed in that zone subject to different sets of limitation or conditions depending on the review process indicated by the letter, the general requirements of the code and the specific conditions indicated in the development condition with the corresponding number immediately following the table. H. All applicable requirements shall govern a use whether or not they are cross-referenced in a section. (Ord. 10870 § 329, 1993). 21 A-77 21A.08.030 21A.08.030 Residential land uses. A. Residential land uses. (King County 3-2008) ZONING KEY RESOURCE RESIDENTIAL COMMERCIAWINDUSTRIAL P-Permitted Use A F M R U R U R N B C B R B O 1 C-Conditional Use G O 1 U R E R E E U O U E U F N S-S ecial Use Z O R 1 R E N E R A B s A E B S A I I S G I M S M I G S I I F l D U N C S R L N R N D H N U N O N C S E U T A v E B E N E N E E T L L E N O S I S A S R T T R S T S L S I U I H Y A R A O L E L O Q SIC # SPECIFiC LAND USE A F M RA UR R1.6 R12- NB CB RB O 1 48 DWELLING UNITS, TYPES: ' Single Detached P P2 P P C13 P P P17 C13 C13 C13 C13 ' Townhouse C4 C4 P P P3 P3 P3 P3 C12 ' Apartment C4 C4 P5 P P3 P3 P3 P3 C4 ' Mobile Home Park S14 C8 P ' Cottage Housing C16 GROUP RESIDENCES: ' Community Residential C C P15. P P3 P3 P3 P3 Facility-t a C ' Community Residential P15- P P3 P3 P3 P3 Facil+ -11 b Dormitory 06 C6 C6 P ' Senior Citizen Assisted P4 P4 P P3 P3 P3 P3 Housing ACCESSORY USES: ' Residential Accessory P7 P7 P7 P7 P7 P7 P7 P7 P7 P7 Uses ' Home Occu a6on P P P P P P P P P P ' Home Industry C I C C C TEMPORARY LODGING: 7011 HDIeVMoteI 1 P P P ' Bed and Breakfast P9 P10 P10 P10 P10 P10 P11 Pill Guesthouse C10 7041 Organization HoteVLodging P Houses GENERAL CROSS Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A-02.070; REFERENCES: Development Standards, see K.C.C. chapters 21A.12 through 21A.30; General Provisions, see K.C.C. chapters 21A.32 through 21A.38; Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; (*)Definition of this specific land use, see K.C.C. chapter 21A.06, B. Development conditions. 1. Except bed and breakfast guesthouses. 2. In the forest production district, the following conditions apply: a. Site disturbance associated with development of any new residence shall be limited to three acres. Site disturbance shall mean all land alterations including, but not limited to, grading, utility installation, landscaping, clearing for crops, on -site sewage disposal systems and driveways. Additional site disturbance for raising livestock, up to the smaller of thirty-five percent of the lot or seven aces, may be approved only if a farm management (conservation) plan is prepared in accordance with K.C.C. chapter 21A-30. Animal densities shall be based on the area devoted to animal care and not the total area of the lot; b. A forest management plan shall be required for any new residence in the forest production district, that shall be reviewed and approved by the King County department of natural resources and parks prior to building permit issuance, and e. A fire protection plan for the subject property is required and shall be reviewed and approved by the Washington state department of natural resources with the concurrence of the fire marshal for each residential use. This plan shall be developed in such a manner as to protect the adjoining forestry uses from a fire that might originate from the residential use. This plan shall provide for 21 A-78 setbacks from existing forestry uses and maintenance of approved fire trails or other effective fire line buffers on perimeters with forest land. (King County 3-2008) PERMITTED USE 21A.08.030 3. Only as part of a mixed use development subject to the conditions of K.C.C. chapter 21A.14, except that in the NB zone on properties with a land use designation of commercial outside of center (CO) in the urban areas, stand-alone townhouse developments are permitted subject to K.C.C. 21A.12.040, 21A.14.030, 21A.14.060 and 21A.14.180. 4.a. Only in a building listed on the National Register as an historic site or designated as a King County landmark subject to the provisions of K.C.C. 21A.32. b_ In the R-1 zone, apartment units are permitted, provided that: (1) The proposal shall be subject to a conditional use permit when exceeding base density, (2) At least fifty percent of the site is constrained by unbuildable critical areas. For purposes of this section, unbuildable critical areas shall include wetlands, streams and slopes forty percent or steeper and associated buffers; and (3) The density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or c. In the R-4 through R-8 zones, apartment units are permitted, provided that the proposal shall be subject to a conditional use permit when exceeding base density, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21 A.06.797. 5. Apartment units are permitted outright as follows: a. In the R-1 zone when at least fifty percent of the site is constrained by unbuildable critical areas that for purposes of this section, includes wetlands, streams and slopes forty percent or steeper and associated buffers, and provided that the density does not exceed a density of eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797; or b. In the R-4 through R-8 zones, provided that the density does not exceed eighteen units per acre of net buildable area as defined in K.C.C. 21A.06.797. 6. Only as an accessory to a school, college, university or church. 7,a. Accessory dwelling units: (1) Only one accessory dwelling per primary single detached dwelling unit; (2) Only in the same building as the primary dwelling unit on an urban lot that is less than ten thousand square feet in area, on a rural lot that is less than the minimum lot size, or on a lot containing more than one primary dwelling; (3) The primary dwelling unit or the accessory dwelling unit shall be owner occupied; (4)(a) One of the dwelling units shall not exceed a floor area of one thousand square feet except when one of the dwelling units is wholly contained within a basement or attic, and (b) When the primary and accessory dwelling units are located in the same building, only one entrance may be located on each street side of the building; (5) One additional off-street parking space shall be provided; (6) The accessory dwelling unit shall be converted to another permitted use or shall be removed if one of the dwelling units ceases to be owner occupied; and (7) An applicant seeking to build an accessory dwelling unit shall file a notice approved by the department of executive services, records, elections and licensing services division, that identifies the dwelling unit as accessory. The notice shall run with the land. The applicant shall submit proof that the notice was fled before the department shall approve any permit for the construction of the accessory dwelling unit. The required contents and form of the notice shall be set forth in administrative rules. If an accessory dwelling unit in a detached building in the rural zone is subsequently converted to a primary unit on a separate lot, neither the original lot nor the new lot may have an additional detached accessory dwelling unit constructed unless the lot is at least twice the minimum lot area required in the zone. (8) Accessory dwelling units and accessory living quarters are not allowed in the F zone. (9) In the A zone, one accessory dwelling unit is allowed on any lot under twenty acres in size, and two accessory dwelling units are allowed on lots that are twenty acres or more, provided that the accessory dwelling units are occupied only by farm workers and the units are constructed in conformance with the State Building Code. b. One single or twin engine, noncommercial aircraft shall be permitted only on lots that abut, or have a legal access that is not a county right-of-way, to a waterbody or landing field, provided there is: (1) no aircraft sales, service, repair, charter or rental; and 21 A-79 (2) no storage of aviation fuel except that contained in the tank or tanks of the aircraft. c. Buildings for residential accessory uses in the RA and A zone shall not exceed five thousand square feet of gross floor area, except for buildings related to agriculture or forestry. 8. Mobile home parks shall not be permitted in the R-1 zones. (King County 3-2008) 21A.08.030 ZONING 9. Only as an accessory to the permanent residence of the operator, and: a_ Serving meals to paying guests shall be limited to breakfast; and b. There shall be no more than five guests per night. 10. Only as an accessory to the permanent residence of the operator, and: a. Serving meals to paying guests shall be limited to breakfast; and b. The number of persons accommodated per night shall not exceed five, except that a structure that satisfies the standards of the Uniform Building Code as adopted by King County for R-1 occupancies may accommodate up to ten persons per night. 11. Only if part of a mixed use development, and subject to the conditions of K.C.G. 21A.08.0308.10. 12. Townhouses are permitted, but shall be subject to a conditional use permit if exceeding base density. 13. Required before approving more than one dwelling on individual lots, except on lots in subdivisions, short subdivisions or binding site plans approved for multiple unit lots, and except as provided for accessory dwelling units in K.C.C. 21A.08.030B,7. 14, No new mobile home parks are allowed in a rural zone. 15.a. Limited to domestic violence shelter facilities. b. Limited to domestic violence shelter facilities with no more than eighteen residents or staff_ 16. Only in the R4-R8 zones limited to: a. developments no larger than one acre; b. not adjacent to another cottage housing development such that the total combined land area of the cottage housing developments exceeds one acre; and c. All units must be cottage housing units with no less than three units and no more than sixteen units, provided that if the site contains an existing home that is not being demolished, the existing house is not required to comply with the height limitation in subsection B.25. of this section or the floor area and footprint limits in K.C.C. 21A_14.025.B. 17_ The development for a detached single-family residence shall be consistent with the following: a. The lot must have legally existed prior to March 1, 2005; b. The lot has a comprehensive plan land use designation of Rural Neighborhood or Rural Residential; and c. The standards of this title for the RA-5 zone shall apply_ (Ord_ 16040 § 3, 2008: Ord. 15606 § 11, 2006: Ord, 15032 § 10, 2004: Ord_ 14279 § 1, 2002: Ord. 14199 § 232, 2001: Ord. 14045 § 10, 2001: Ord_ 12786 § 2, 1997: Ord. 12596 § 3, 1997: Ord. 12522 § 3, 1996: Ord. 12273 § 1, 1996: Ord. 12243 § 1, 1996: Ord. 11621 § 135, 1994: Ord. 11157 § 11, 1993: Ord_ 10870 § 330, 1993). 21 A-80 (King County 3-2008) PERMITTED USES 21A.08.040 Recreationallcultural land uses. A. Recreational/cultural land uses. 21 A.08, 040 KEY RESOURCE RESIDENTIAL COMMERCIALIINDUSTRIAL P-Permitted Use A F M R U R U R N B C B R B O I C-Conditional Use G O l U R E R E E U O U E U F N S-S ecial Use Z O R 1 R E N E R A B S A E B S A I I S G I M S M l G S I I F I D U N C S R L N R N D H N U N O N C S E U T A V E B E N E N E E T L L E N O S I S A S R T T R S T S L S 9 U I H Y A R A O L E L O D SIC# SPECIFIC LAND USE A F M RA UR R1-8 R12- NS CB RB O 1 48 PARKIRECREATIQN: ' Park P1 P1 P1 P1 Pi P1 P1 P P P P P13 Large Active Recreation and Pi P1 P1 P1 P1 P1 P P P P P13 Multiuse Park Trails P P P P P P P P P P P P ' Campgrounds P16 P16 P16 P16 P16 C16 C16 C16 C16 a a a I I a ' Destination Resorts s S18 C C Marina C 3 C4 C4 C4 C4 PS P P P P ' Recreational Vehicle Park Pig Pig C2 C2 and P19 18 P19 ' Sports Club (17) C4, C4 C4 C4 C P P 18 Ski Area S I $is Recreational Camp C P24 C AMUS EM ENTIENTERTAINMENT� ` Adult Entertainment Business P5 P6 P6 Theater P P P P25 7833 Theater, Drive-in C 793 BawlinEj Center P P P ' Golf Facility C7 P7 P7 P7 and 18 7999 Amusement and Recreation P21 P21 Pe P8, P8, P8, P21 P P P21 P21 (14) Services P21, P21 P21 P21 P22 C15 P22 P22 P22 and C15 C15 C15 18 ' Shooting Range C9 C9 C10 P10 and 18 ' Amusement Arcades P P 7996 Amusement Park C " Outdoor Performance Center S C12 P20 P20 S 518 CULTURAL: 823 Library P11 P11 Pit P11 P P P P C C C 841 Museum C2 C23 P11 Pit P11 P11 P P P P P 3 C C C 842 Arboretum P P P P P P P P P P ' Conference Center P11 P11 P11 P11 P P P C12 C12 C C GENERAL CROSS REFERENCES: Land Use Table Instructions, see K.C.C. 21A,08.020 and 21A.02.070; Development Standards see K.C.C. chapters 21A.12 through 21 A.30; General Provisions, see K.G.C, chapters 21A.32 through 21A.38; Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; (')Definition of this specific Land Use, see K.C.C. chapter 21A.06. 21 A-81 (King County 12-2006) 21A.08.040 ZONING B. Development conditions. 1. The following conditions and limitations shall apply, where appropriate: a. No stadiums on sites less than ten acres; b. Lighting for structures and fields shall be directed away from residential areas; c. Structures or service yards shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, except for structures in on -site recreation areas required in K.C.C. 21A.14.180 and 21A.14.190. Setback requirements for structures in these on -site required recreation areas shall be maintained in accordance with K_C.C_ 21A.12.030; d. Facilities in the A zone shall be limited to trails and trailheads, including related accessory uses such as parking and sanitary facilities; and e. Overnight camping is allowed only in an approved campground. 2. Recreational vehicle parks are subject to the following conditions and limitations: a. The maximum length of stay of any vehicle shall not exceed one hundred eighty days during a three -hundred -sixty -five-day period; b. The minimum distance between recreational vehicle pads shall be no less than ten feet; and c. Sewage shall be disposed in a system approved by the Seattle -King County health department. 3. Limited to day moorage. The marina shall not create a need for off -site public services beyond those already available before the date of application. 4. Not permitted in the RA-10 or RA-20 zones. Limited to recreation facilities subject to the following conditions and limitations: a. The bulk and scale shall be compatible with residential or rural character of the area; b. For sports clubs, the gross floor area shall not exceed ten thousand square feet unless the building is on the same site or adjacent to a site where a public facility is located or unless the building is a nonprofit facility located in the urban area; and c. Use is limited to residents of a specified residential development or to sports clubs providing supervised instructional or athletic programs. 5. Limited to day moorage. 6.a. Adult entertainment businesses shall be prohibited within three hundred thirty feet of any property zoned RA, LIR or R or containing schools, licensed daycare centers, public parks or trails, community centers, public libraries or churches. In addition, adult entertainment businesses shall not be located closer than three thousand feet to any other adult entertainment business. These distances shall be measured from the property line of the parcel or parcels proposed to contain the adult entertainment business to the property line of the parcels zoned RA, UR or R or that contain the uses identified in this subsection B.6.a. b. Adult entertainment businesses shall not be permitted within an area likely to be annexed to a city subject to an executed interlocal agreement between King County and a city declaring that the city will provide opportunities for the location of adult businesses to serve the area. The areas include those identified in the maps attached to Ordinance 13546. 7. Clubhouses, maintenance buildings, equipment storage areas and driving range tees shall be at least fifty feet from residential property lines. Lighting for practice greens and driving range ball impact areas shall be directed away from adjoining residential zones. Applications shall comply with adopted best management practices for golf course development. Within the RA zone, those facilities shall be permitted only in the RA-5 and RA-2.5 zones. Not permitted in designated rural forest focus area, regionally significant resource areas or locally significant resource areas. Ancillary facilities associated with a golf course are limited to practice putting greens, maintenance buildings and other structures housing administrative offices or activities that provide convenience services to players. These convenience services are limited to a pro shop, food services and dressing facilities and shall occupy a total of no more than ten thousand square feet. Furthermore, the residential density that is otherwise permitted by the zone shall not be used on other portions of the site through clustering or on other sites 21 A-82 through the transfer of density provision. This residential density clustering or transfer limitation shall be reflected in a deed restriction that is recorded at the time applicable permits for the development of the golf course are issued. 8. Limited to a golf driving range only as: a. an accessory to golf courses; or b. an accessory to a large active recreation and multiuse park, (King County 12-2006) PERMITTED USES 21A,08.040 9.a. New structures and outdoor ranges shall maintain a minimum distance of fifty feet from property lines adjoining residential zones, but existing facilities shall be exempt. b. Ranges shall be designed to prevent stray or ricocheting projectiles, pellets or arrows from leaving the property. c. Site plans shall include; safety features of the range; provisions for reducing sound produced on the firing line; elevations of the range showing target area, backdrops or butts; and approximate locations of buildings on adjoining properties. d_ Subject to the licensing provisions of K.C.C. Title 6. 10.a. Only in an enclosed building, and subject to the licensing provisions of K,C.C. Title 6; b. Indoor ranges shall be designed and operated so as to provide a healthful environment for users and operators by: (1) installing ventilation systems that provide sufficient clean air in the user's breathing zone, and (2) adopting appropriate procedures and policies that monitor and control exposure time to airborne lead for individual users. 11. Only as accessory to a park or in a building listed on the National Register as an historic site or designated as a King County landmark subject to K.C.C. chapter 21A.32. 12. Only as accessory to a nonresidential use established through a discretionary permit process, if the scale is limited to ensure compatibility with surrounding neighborhoods. This condition applies to the UR zone only if the property is located within a designated unincorporated rural town. 13. Subject to the following: a. The park shall abut an existing park on one or more sides, intervening roads notwithstanding; b. No bleachers or stadiums are permitted if the site is less than ten acres, and no public amusement devices for hire are permitted; c. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any premises upon which a dwelling unit is located; and d. All buildings or structures or service yards on the site shall maintain a distance not less than fifty feet from any property line and from any public street. 14. Excluding amusement and recreational uses classified elsewhere in this chapter_ 15. Limited to golf driving ranges and subject to subsection B.7, of this section. 16. Subject to the following conditions: a. The length of stay per party in campgrounds shall not exceed one hundred eighty days during a three -hundred -sixty -five-day period; and b. Only for campgrounds that are part of a proposed or existing county park, that are subject to review and public meetings through the department of natural resources and parks. 17. Only for stand-alone sports clubs that are not part of a park. 18. Subject to review and approval of conditions to comply with trail corridor provisions of K.C.C. chapter 21A,14 when located in an RA zone and in an equestrian community designated by the Comprehensive Plan. 19. Only as an accessory to a large active recreation and multiuse park. 20. Only as an accessory to a large active recreation and multiuse park with the floor area of an individual outdoor performance center stage limited to three thousand square feet. 21. Only as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to: a, rentals of sports and recreation equipment; and b. a total floor area of seven hundred and fifty square feet. 22. Only as an accessory to a large active recreation and multiuse park and limited to: a. water slides, wave pools and associated water recreation facilities; and 21A-83 b. rentals of sports and recreation equipment. 23. Limited to natural resource and heritage museums and only allowed in a farm or forestry structure, including but not limited to barns or sawmills, existing as of December 31, 2003. 24. Use is permitted without a conditional use permit only when in compliance with all of the following conditions: a. The use is limited to camps for youths or for persons with special needs due to a disability, as defined by the American With Disabilities Act of 1990, or due to a medical condition and including training for leaders for those who use the camp; (King County 12-2006) 21A.08,040 ZONING b. Active recreational activities shall not involve the use of motorized vehicles such as cross- country motorcycles or all -terrain vehicles or the use of firearms. The prohibition on motorized vehicles does not apply to such vehicles that may be necessary for operation and maintenance of the facility or to a client -specific vehicle used as a personal mobility device; c.(1) Except as provided in subsection B.24.c.(2)(b) of this section, the number of overnight campers, not including camp personnel, in a new camp shall not exceed: (a) one hundred and fifty for a camp between twenty and forty acres; or (b) for a camp greater than forty acres, but less than two hundred and fifty acres, the number of users allowed by the design capacity of a water system and on -site sewage disposal system approved by the department of health, Seattle/King County, up to a maximum of three hundred and fifty; and (2) Existing camps shall be subject to the following: (a) For a camp established prior to August 11, 2005, with a conditional use permit and is forty acres or larger, but less than one hundred and sixty acres, the number of overnight campers, not including camp personnel, may be up to one hundred and fifty campers over the limit established by subsection 13.24.c.(1)(b) of this section. (b) For a camp established prior to August 11, 2005, with a conditional use permit and is one hundred and sixty acres or larger, but less than two hundred acres, the number of overnight campers, not including camp personnel, may be up to three hundred and fifty campers over the limit established by subsection 13.24.c.(1)(b) of this section. The camp may terminate operations at its existing site and establish a new camp if the area of the camp is greater than two hundred and fifty acres and the number of overnight campers, not including camp personnel, shall not exceed seven hundred. d. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three -hundred -sixty -five-day period; e. The camp facilities, such as a medical station, food service hall, and activity rooms, shall be of a scale to serve overnight camp users; f. The minimum size of parcel for such use shall be twenty acres; g. Except for any permanent caretaker residence, all new structures where camp users will be housed, fed or assembled shall be no less than fifty feet from properties not related to the camp; h. In order to reduce the visual impacts of parking areas, sports and activity fields or new structures where campers will be housed, fed or assembled, the applicant shall provide a Type 3 landscape buffer no less than twenty feet wide between the nearest property line and such parking area, field, or structures, by retaining existing vegetation or augmenting as necessary to achieve the required level of screening; i. If the site is adjacent to an arterial roadway, access to the site shall be directly onto said arterial unless direct access is unsafe due inadequate sight distance or extreme grade separation between the roadway and the site; j. If direct .access to the site is via local access streets, transportation demand management measures, such as use of carpools, buses or vans to bring in campers, shall be used to minimize traffic impacts; k. Any lights provided to illuminate any building or recreational area shall be so arranged as to reflect the light away from any adjacent property; and 1. A community meeting shall be convened by the applicant prior to submittal of an application for permits to establish a camp, or to expand the number of camp users on an existing camp site as provided in subsection B.24.c,(2)(b) of this section. Notice of the meeting shall be provided at least two weeks in advance to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater). The notice shall at a minimum contain a brief description of the project and the location, as well as, contact persons and numbers. 21A—S4 25. Limited to theaters primarily for live productions located within a Rura3 Town designated by the King County Comprehensive Plan. (Ord. 15606 § 12, 2006: Ord. 15245 § 3, 2005: Ord. 15032 § 11, 2004: Ord. 14807 § 4, 2003: Ord. 14185 § 2, 2001: Ord. 14045 § 11, 2001: Ord. 13546 § 3, 1999: Ord. 13278 § 3, 1995: Ord. 13022 § 11, 1998: Ord. 12930 § 1, 1997: Ord. 12596 § 4, 1997: Ord. 12303 § 1, 1996: Ord. 12243 § 3, 1996: Ord. 11821 § 1, 1995: Ord. 11621 § 35, 1994: Ord. 11288 § 1, 1994: Ord. 11177 § 2, 1991 Ord. 10870 § 331, 1993). (King County 12-2006) PERMITTED USES 21A.08.050 General services land uses. A. General services land uses. 21 A.08.050 KEY RESOURCE RESIDENTIAL COMMERCIALRNDUSTRIAL P-PerMitted Use A F M R U R U R N B C B R B 0 1 C-Conditional Use G O 1 U R E R E E U O U E U F N eai S-S al Use 7-R 0 1 R E N E R A B S A E B S A 1 I S G 1 M S M I G S I I F I D U N C S R L N R N D H N U N 0 N C S E U T A V E B E N E N E E T L L E N O 5 I S A 5 R T T R S T S L S i U I H Y A R A D L E L O D SIC# SPECIFIC LAND USE A F M RA UR R1- R12- Na CB RB O 1 a 48 PERSONAL SERVICES: 72 General Personal Service C25 C25 P P P P3 P3 7216 Drydeaning Plants P 7218 Industrial Launderers P 7261 Funeral HomelCrematory C4 C4 C4 P P ' Cemetery, Columbarium or P24 P24 P24 P24 P24 P24 P24 P24 Mausoleum C5 C5 C5 C5 C5 and 31 ' Day Care I P6 P6 P6 E6 P P P P P7 P7 ' Day Care tl P8 C PB C PB Pe P P P P7 P7 C C 074 Veterinary Clinic P9 P9 P9 P10 P10 P10 P C10 C10 and 31 753 Automotive Repair 1 P11 P P P 754 Automotive Service I P11 P P P 76 Miscellaneous Repair C33 P32 P32 P32 P32 P32 P P P C33 866 Church. Synagogue, P12 P12 G P12 P12 P P P P Temple C27 C C and 31 83 Social Services (2) P12 P12 P12 P12 P13 P P P C13 C13 C13 C13 and 31 0752 Animal specialty services C C P P P P P P35 ]P36] ' Staple P14 P14 P14 C P C C31 14 C ' Kennel or Cattery P9 C C C P ' Theatrical Production P30 P28 Services ' Artist Studios P28 P28 P28 P28 P P P P29 P ' interim Recydjnj Facili P21 i P21 P21 P21 I P22 P22 P P21 P ' Dog training faci ity C34 C34 I C34 P P P P HEALTH SERVICES: 801-04 OfficelGutpatient Clinic P12 P12 C P12 P12 P P P P P C13 13 C C 13 13 805 Nursing and Personal Care -t-1 C P P Facilities 21 A-85 06 Hos itaI C13 C13 P P C 07 Q808-09 Me6callDental Lab P P P P Miscellaneous Health P P P EDUCATION SERVICES! ' Elementary School P15 and 3 1 P P P P16c P16c P16c ' Middle/Junior High School P16 C15 and 31 P P P P16c P16c 016c *Reviser's note: "P36" was apparently intended to be included. The error arose in the renumbering of subsections in the engrossing of amendments to Proposed Ordinance 2007-0169 (Ordinance 15816). 21A.08.050 (King County 6-2007) ZONING ' Secondary or High School P18 cis and 26 and P16C P16c 31 P26 P26 P26 C C P16c ' Vocational School P13 P13 P13 C31 P13 C C c P Piz P ' Specialized instruction pig School C20 and Pig Pig P19 Pie 31 C20 C20 C20 P P P P17 P " School District Support P16 Facility C15 and 23 and P23 P23 31 P23 C C C C P P P P GENERAL CROSS REFERENCES: Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.07D; Development Standards, see K.C.C. chapters 21A.12 through 21A.30; General Provisions, see K.C.C. chapters 21A.32 through 21A.38; Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; ' Definition of this s ecific Land Use, see K.C.C. chapter 21A.06. n. ueveiopment conditions. 1. Except SIC Industry No. 7534-Tire Retreading, see manufacturing permitted use table. 2. Except SIC industry Group Nos.: a. 835-Day Care Services, and table. b. 836-Residential Care, which is otherwise provided for on the residential permitted land use 3, Limited to SIC industry Group and Industry Nos.: a_ 723-Beauty Shops; b. 724-Barber Shops; c. 725-Shoe Repair Shops and Shoeshine Parlors; d. 7212-Garment Pressing and Agents for Laundries and Drycleaners; and e. 217-Carpet and Upholstery Cleaning. 4. Only as an accessory to a cemetery, and prohibited from the UR zone only if the property is located within a designated unincorporated Rural Town_ 5. Structures shall maintain a minimum distance of one hundred feet from property lines adjoining residential zones. 6. Only as an accessory to residential use, and: a. Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates, and have a minimum height of six feet; and b_ Outdoor play equipment shall maintain a minimum distance of twenty feet from property lines adjoining residential zones. 7. Permitted as an accessory use_ See commercial/industrial accessory, K.C.C. 21A,08.060.A, 8. Only as a reuse of a public school facility subject to K.C_C. chapter 21A_32, or an accessory use to a school, church, park, sport club or public housing administered by a public agency, and: a_ Outdoor play areas shall be completely enclosed by a solid wall or fence, with no openings except for gates and have a minimum height of six feet; b. Outdoor play equipment shall maintain a minimum distance of twenty feet from property lines adjoining residential zones; c. Direct access to a developed arterial street shall be required in any residential zone; and d. hours of operation may be restricted to assure compatibility with surrounding development. 21A---86 9,a. As a home occupation only, but the square footage limitations in K.C.C. chapter 21A.30 for home occupations apply only to the office space for the veterinary clinic, office space for the kennel or office space for the cattery, and: (1) Boarding or overnight stay of animals is allowed only on sites of five acres or more; (2) No burning of refuse or dead animals is allowed; (3) The portion of the building or structure in which animals are kept or treated shall be soundproofed. All run areas, excluding confinement areas for livestock, shall be surrounded by an eight - foot -high solid wall and the floor area shall be surfaced with concrete or other impervious material; and (4) The provisions of K.C.C. chapter 21A.30 relative to animal keeping are met. (King County 6-2007) PERMITTED USES 21A.08.050 b. The following additional provisions apply to kennels or catteries in the A zone: (1) Impervious surface for the kennel or cattery shall not exceed twelve thousand square feet; (2) Obedience training classes are not allowed except as provided in subsection B.34. of this section; and (3) Any buildings or structures used for housing animals and any outdoor runs shall be set back one hundred and fifty feet from property lines. 10.a_ No burning of refuse or dead animals is allowed; b. The portion of the building or structure in which animals are kept or treated shall be soundproofed. All run areas, excluding confinement areas for livestock, shall be surrounded by an eight - foot -high solid wall and the floor area shall be surfaced with concrete or other impervious material; and c. The provisions of K.C_C, chapter 21A.30 relative to animal keeping are met. 11. The repair work or service shall only be performed in an enclosed building, and no outdoor storage of materials. SIC Industry No. 7532-Tap, Body, and Upholstery Repair Shops and Paint Shops is not allowed. 12. Only as a reuse of a public school facility subject to K.C.C. chapter 21A.32. 13. Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32. 14. Covered riding arenas are subject to K_C.C. 21A.30.030 and shall not exceed twenty thousand square feet, but stabling areas, whether attached or detached, shall not be counted in this calculation, 15. Limited to projects that do not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the public school, as defined in RCW 28A_150.010, or the school facility and serving only the public school or the school facility may be used. New public high schools shall be permitted subject to the review process in K.C.C. 21A.42.140. 16.a. For middle or junior high schools and secondary or high schools or school facilities, only as a reuse of a public school facility or school facility subject to K.C.C. chapter 21A.32. An expansion of such a school or a school facility shall be subject to approval of a conditional use permit and the expansion shall not require or result in an extension of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the public school, as defined in RCW 28A.150.010, or the school facility may be used. b. Renovation, expansion, modernization or reconstruction of a school, a school facility, or the addition of relocatable facilities, is permitted but shall not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the public school, as defined in RCW 28A.150.010, or the school facility may be used. c. In CB, RB and O, for K-12 schools with no more than one hundred students. 17, All instruction must be within an enclosed structure_ 18. Limited to resource management education programs. 19, Only as an accessory to residential use, and: a. Students shall be limited to twelve per one -hour session; b. All instruction must be within an enclosed structure; and c. Structures used for the school shall maintain a distance of twenty-five feet from property lines adjoining residential zones_ 20. Subject to the following: 21 A-87 a. Structures used for the school and accessory uses shall maintain a minimum distance of twenty-five feet from property lines adjoining residential zones; b. On lots over two and one-half acres: (1) Retail sale of items related to the instructional courses is permitted, if total floor area for retail sales is limited to two thousand square feet- (2) Sale of food prepared in the instructional courses is permitted with Seattle -King County department of public health approval, if total floor area for food sales is limited to one thousand square feet and is located in the same structure as the school; and (3) Other incidental student -supporting uses are allowed, if such uses are found to be both compatible with and incidental to the principal use; and (King County 6-2007) 21A.08.050 ZONING c. On sites over ten acres, located in a designated Rural Town and zoned any one or more of UR, R-1 and R-4: (1) Retail sale of items related to the instructional courses is permitted, provided total floor area for retail sales is limited to two thousand square feet; (2) Sale of food prepared in the instructional courses is permitted with Seattle -King County department of public health approval, if total floor area for food sales is limited to one thousand seven hundred fifty square feet and is located in the same structure as the school; (3) Other incidental student -supporting uses are allowed, if the uses are found to be functionally related, subordinate, compatible with and incidental to the principal use; (4) The use shall be integrated with allowable agricultural uses on the site; (5) Advertised special events shall comply with the temporary use requirements of this chapter; and (6) Existing structures that are damaged or destroyed by fire or natural event, if damaged by more than fifty percent of their prior value, may reconstruct and expand an additional sixty-five percent of the original floor area but need not be approved as a conditional use if their use otherwise complies with development condition 6.20.c. of this section and this title_ 21. Limited to drop box facilities accessory to a public or community use such as a school, fire station or community center. 22. With the exception of drop box facilities for the collection and temporary storage of recyclable materials, all processing and storage of material shall be within enclosed buildings. Yard waste processing is not permitted. 23. Only if adjacent to an existing or proposed school. 24. Limited to columbariums accessory to a church, but required landscaping and parking shall not be reduced. 25. Not permitted in R-1 and limited to a maximum of five thousand square feet per establishment and subject to the additional requirements in K.C.C. 21A.12.230. 26.a. New high schools shall be permitted in the rural and the urban residential and urban reserve zones subject to the review process in K.C.C. 21A.42.140, b. Renovation, expansion, modernization, or reconstruction of a school, or the addition of relocatable facilities, is permitted. 27. Limited to projects that do not require or result in an expansion of sewer service outside the urban growth area. In addition, such use shall not be permitted in the RA-20 zone. 28. Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32 or as a joint use of an existing public school facility. 29_ All studio use must be within an enclosed structure. 30. Adult use facilities shall be prohibited within six hundred sixty feet of any residential zones, any other adult use facility, school, licensed daycare centers, parks, community centers, public libraries or churches that conduct religious or educational classes for minors. 31. Subject to review and approval of conditions to comply with trail corridor provisions of K.C_C. chapter 21A.14 when located in an RA zone and in an equestrian community designated by the Comprehensive Plan. 32. Limited to repair of sports and recreation equipment: a. as an accessory to a large active recreation and multiuse park in the urban growth area; or 21A-88 b. as an accessory to a park, or a large active recreation and multiuse park in the RA zones, and limited to a total floor area of seven hundred fifty square feet. 33. Accessory to agricultural or forestry uses provided: a. the repair of tools and machinery is limited to those necessary for the operation of a farm or forest, b_ the lot is at least five acres. c. the size of the total repair use is limited to one percent of the lot size up to a maximum of five thousand square feet unless located in a farm structure, including but not limited to barns, existing as of December 31, 2003. 34. Subject to the following: a. the lot is at least five acres. (King County 6-2007) PERMITTED USES 21A.08.050 - 21A.08.060 b. in the A zones, area used for dog training shall be located on portions of agricultural lands that are unsuitable for other agricultural purposes, such as areas within the already developed portion of such agricultural lands that are not available for direct agricultural production or areas without prime agricultural soils. c. structures and areas used for dog training shall maintain a minimum distance of seventy-five feet from property lines_ d. all training activities shall be conducted within fenced areas or in indoor facilities. Fences must be sufficient to contain the dogs. 35. Limited to animal rescue shelters and provided that: a. the property shall be at least four acres; b. buildings used to house rescued animals shall be no less than fifty feet from property lines; c. outdoor animal enclosure areas shall be located no less than thirty feet from property lines and shall be fenced in a manner sufficient to contain the animals; d. the facility shall be operated by a nonprofit organization registered under the Internal Revenue Code as a 501(c)(3) organization; and e, the facility shall maintain normal hours of operation no earlier than 7 a.m. and no later than 7 p.m. 36. Limited to kennel -free dog boarding and daycare facilities, and: a. the property shall be at least five acres; b, buildings housing dogs shall be no less than seventy-five feet from property lines; c. outdoor exercise areas shall be located no less than thirty feet from property lines and shall be fenced in a manner sufficient to contain the dogs; d_ the number of dogs allowed shall be limited to twenty-five, consistent with the provisions for hobby kennels as outline in K.C.C. 11.04.060.6; e. training and grooming are ancillary services which may be provided only to dogs staying at the facility; f. the facility shall maintain normal hours of operation no earlier than 7 a.m. and no later than 7 p.m.; and g . no new facility shall be permitted to be established after one year from the effective date of this ordinance. (Ord. 15816 § 1, 2007: 15606 § 13, 2006: Ord. 15245 § 4, 2005: Ord. 15032 § 12, 2004: Ord. 14807 § 5, 2003: Ord. 14678 § 1, 2003: Ord. 14429 § 1, 2002: Ord. 14045 § 12, 2001: Ord_ 13278 § 4, 1998: Ord, 13022 § 12, 1998: Ord. 12642 § 1, 1997: Ord_ 12596 § 5, 1997: Ord_ 12588 § 1, 1997: Ord. 12374 § 1, 1996: Ord. 11621 § 36, 1994: Ord. 11157 § 12, 1993: Ord. 11113 § 9, 1993: Ord. 10870 § 332, 1993). 21A.08.060 Govern menVbusiness services land uses. A. Government/business services land uses. KEY RESOURCE RESIDENTIAL COMMERCIAUiNDUSTRIAL P-Pennilted Use A F M R U R U R N B C B R B O 1 C-Conditional Use G O 1 U R E R E E U O U E U F N S-S ecial Use z O R i R E N E R A B s A E B 5 A I I S G I M S M I G S I I F I D U N C S R L N R N D H N U N 0 N c S E U T A v E 8 E N E N E E T 21 A-89 L L E N 0 S I S A S R T T R S T S L S I U I H Y A R A O L E L 0 D SIC# SPECIFIC LAND USE A F M RA UR R1- R12- NB CB RB 0 1 8 48 34 GOVERNMENT SERVICES: ' Public agency or utility office P3 P3 CS P3 P3 P P P P P16 CS C C ' Public agency or utility and P27 P27 P27 P27 P P Public agency archives P P P 921 Court P4 P P 9221 Police Facility P7 P7 P7 P7 P7 P P P P 9224 Fire Facility C6 C6 C6 C6 P P P P P and 33 21A.08.060 (King County 6-2007) ZONING ' Utility Facility P29 P29 P29 P29 P29 P29 P29 P P P P P C28 C28 C28 C28 C26 C26 C28 and 33 ' Commuter Parking Lot C 33 C P19 C C 19 P P P P P35 P19 P19 Private Starmwater P8 P8 Pa P8 P8 P8 Pe P8 PS ps PS Ps Management Facility " Vactor Waste Receiving P P P P1a P18 P18 P18 P31 P31 P31 P31 P Facility BUSINESS SERVICES: ' Construction and Trade P34 P P9 P ' Individual Transportation P25 P P10 P and Taxi 421 Trucking and Courier P11 P12 P13 P Service Warehousing, (1)and P Wholesale Trade ' Self-service Storage I C14 P37 P I P P P 4221 Farm Product Warehousing, P15 P15 P15, P 4222 Refrigeration and Storage C36 and C36 33 C36 ' Log Storage P15 P P26 P and 33 47 Trans ortation Service P 473 Freight and Cargo Service P P P 472 Passenger Transportation P P P Service 48 Communication Offices P P P 482 Telegraph and other P P P P Communications General Business Service P P P I P P15 ' Professional Office I P I P P P P16 7312 OutdoorAdverlising Service P P17 P 735 Miscellaneous Equipment P17 P P17 P Rental 751 Automotive Rental and P P P Leasing 752 Automotive Parking P20 P20 P21 P20 P " Off -Street Required Parking P32 P32 P32 P32 P32 P32 P32 P32 P32 Lot 7941 Professional Sport P P Teams/Promoters 873 Research, Development and P2 P2 P2 Equipment and Truck P r SSORY USES; E ercialllndustrial P P22 P22 P22 P P P so Uses o I C23 G23 G23 C23 C23 C24 C23 C24 GENERAL Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; CROSS Development Standards, see chapters 21A.12 through 21A.30; General Provisions, see KC.C. chapters 21A.32 through REFERENCES: 21A.38; Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; ' Definition of this specific land use, see K.C.C. cfla ter 21A.06. 21 A-90 B. Development conditions. 1. Except self-service storage. 2. Except SIC Industry No. 8732-Commercial Economic, Sociological, and Educational Research, see general business service/office. 3.a. Only as a re -use of a public school facility or a surplus nonresidential facility subject to the provisions of K.C.C. chapter 21A.32; or b. only when accessory to a fire facility and the office is no greater than one thousand five hundred square feet of floor area. 4. Only as a re -use of a surplus nonresidential facility subject to K.C.C. chapter 21A.32. 5. New utility office locations only if there is no commercial/industrial zoning in the utility district, and not in the RA-10 or RA-20 zones unless it is demonstrated that no feasible alternative location is possible, and provided further that this condition applies to the UR zone only if the property is located within a designated unincorporated Rural Town. (King County 6-2007) PERMITTED USES 21A.08.060 6.a. All buildings and structures shall maintain a minimum distance of twenty feet from property lines adjoining residential zones; b. Any buildings from which fire -fighting equipment emerges onto a street shall maintain a distance of thirty-five feet from such street; c. No outdoor storage; and d. Excluded from the RA-10 and RA-20 zones unless it is demonstrated that no feasible alternative location is possible. 7. Limited to storefront police offices. Such offices shall not have: a. holding cells, b. suspect interview rooms (except in the NB zone), or c. long-term storage of stolen properties. 8. Private stormwater management facilities serving development proposals located on commerciaUindustrial zoned lands shall also be located on commercial/industrial lands, unless participating in an approved shared facility drainage plan. Such facilities serving development within an area designated urban in the King County Comprehensive Plan shall only be located in the urban area. 9. No outdoor storage of materials. 10. Limited to office uses. 11. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station. 12. Limited to self-service household moving truck or trailer rental accessory to a gasoline service station and SIC Industry No. 4215-Courier Services, except by air. 13. Limited to SIC Industry No. 4215-Courier Services, except by air. 14. Accessory to an apartment development of at least twelve units provided: a. The gross floor area in self service storage shall not exceed the total gross floor area of the apartment dwellings on the site; b. All outdoor lights shall be deflected, shaded and focused away from all adjoining property; c. The use of the facility shall be limited to dead storage of household goods; d. No servicing or repair of motor vehicles, boats, trailers, lawn mowers or similar equipment; e. No outdoor storage or storage of flammable liquids, highly combustible or explosive materials or hazardous chemicals; f. No residential occupancy of the storage units; g. No business activity other than the rental of storage units; and h_ A resident director shall be required on the site and shall be responsible for maintaining the operation of the facility in conformance with the conditions of approval. 15.a. The floor area devoted to warehousing, refrigeration or storage shall not exceed two thousand square feet; b. Structures and areas used for warehousing, refrigeration and storage shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones; and c. Warehousing, refrigeration and storage is limited to agricultural products and sixty percent or more of the products must be grown or processed in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of products to be included in the warehousing, refrigeration or storage. 21A-91 16. Only as an accessory use to another permitted use. 17. No outdoor storage. 18. Only as an accessory use to a public agency or utility yard, or to a transfer station. 19. Limited to new commuter parking lots designed for thirty or fewer parking spaces or commuter parking lots located on existing parking lots for churches, schools, or other permitted nonresidential uses that have excess capacity available during commuting; provided that the new or existing lot is adjacent to a designated arterial that has been improved to a standard acceptable to the department of transportation; 20. No tow -in lots for damaged, abandoned or otherwise impounded vehicles. 21. No dismantling or salvage of damaged, abandoned or otherwise impounded vehicles. 22. Storage limited to accessory storage of commodities sold at retail on the premises or materials used in the fabrication of commodities sold on the premises. 23. Limited to emergency medical evacuation sites in conjunction with police, fire or health service facility. Helistops are prohibited from the UR zone only if the property is located within a designated unincorporated Rural Town. (King County 6-2007) 21A.08.060 ZONING 24. Allowed as accessory to an allowed use. 25. Limited to private road ambulance services with no outside storage of vehicles. 26. Limited to two acres or less. 27a. Utility yards only on sites with utility district offices; or b. Public agency yards are limited to material storage for road maintenance facilities. 28. Limited to bulk gas storage tanks that pipe to individual residences but excluding liquefied natural gas storage tanks. 29. Excluding bulk gas storage tanks. 30. For i-zoned sites located outside the urban growth area designated by the King County Comprehensive Plan, uses shall be subject to the provisions for rural industrial uses in K.C.C. chapter 21 A.12. 31. Vactor waste treatment, storage and disposal shall be limited to liquid materials_ Materials shall be disposed of directly into a sewer system, or shall be stored in tanks (or other covered structures), as well as enclosed buildings. 32_ Provided: a. Off-street required parking for a land use located in the urban area must be located in the urban area; b. Off-street required parking for a land use located in the rural area must be located in the rural area; and c. Off-street required parking must be located on a lot that would permit, either outright or through a land use permit approval process, the land use the off-street parking will serve. 33. Subject to review and approval of conditions to comply with trail corridor provisions of K.C.C. chapter 21A,14 when located in an RA zone and in an equestrian community designated by the Comprehensive Plan. 34. Limited to landscape and horticultural services (SIC 078) that are accessory to a use classified as retail nurseries, lawn and garden supply store (SIC 5261) and provided that construction equipment for the accessory use shall not be stored on the premises. 35. Allowed as a primary or accessory use to an allowed industrial -zoned land use. 36. Accessory to agricultural uses provided: a. In the RA zones and on lots less than thirty-five acres in the A zone, the floor area devoted to warehousing, refrigeration or storage shall not exceed three thousand five hundred square feet unless located in a farm structure, including but not limited to barns, existing as of December 31, 2003; b. On lots at least thirty-five acres in the A zones, the floor area devoted to warehousing, refrigeration or storage shall not exceed seven thousand square feet unless located in a farm structure, including but not limited to barns, existing as of December 31, 2003; c. In the A zones, structures and areas used for warehousing, refrigeration and storage shall be located on portions of agricultural lands that are unsuitable for other agricultural purposes, such as areas within the already developed portion of such agricultural lands that are not available for direct agricultural production, or areas without prime agricultural soils; d. Structures and areas used for warehousing, refrigeration or storage shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones; and 21A-92 e. Warehousing, refrigeration and storage is limited to agricultural products and sixty percent or more of the products must be grown or processed in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of products to be included in the warehousing, refrigeration or storage. 37. Use shall be limited to the NB zone on parcels outside of the Urban Growth Area, Rural Towns and Rural Neighborhoods and the building floor area devoted to such use shall not exceed ten thousand square feet. (Ord. 15606 § 14, 2006: Ord. 15245 § 6, 2005: Ord. 15032 § 13, 2004: Ord. 14254 § 1, 2001: Ord, 14045 § 13, 2001: Ord. 13278 § 5, 1998: Ord. 13190 § 15, 1998: Ord. 13022 § 13, 1998: Ord, 12596 § 6, 1997: Ord. 12243 § 2, 1996: Ord. 12018 § 3, 1995: Ord. 11621 § 37, 1994: Ord. 11157 § 13, 1993: Ord. 10870 § 333, 1993). (King County 6-2007) PERMITTED USES 21A.08.070 Retail land uses. A. Retail land uses. 21A.08.070 KEY RESOURCE RESIDENTIAL COMMERCIALANDVSTMAL P-Permitted Use A F M R U R U R N B C B R B O 1 C-CondstionalUsUse G O I U R E R E E U O U E U F N S-S ecial e z O R f R E N E R A B S A E B S A I I S G I M S M I G S I I F I D U N C S R L N R N D H N U N O N C S E U T A V E S E N E N E E T L L E N O S I S A S R T T R S T S L S I U I H Y A R A O L E L O D SIC# SPECIFIC LAND USE A F M RA UR R1- R12- NB CB RB O 1 a 48 30 " Building, Hardware and Pig P21 P2 P P Garden Materials ci ' Forest Products Sales P3 P4 P3 P and and 4 4 ' Department and Variety C14 C14 P5 P P Stores 54 Food Stores C13 C15 C15 P P P G P6 ' Agricultural Product Sales P20 P4 P20 P3 P3 C7 C7 Motor Vehide and Boat PS P Dealers 553 Auto Supply Stores I P9 P9 P 554 Gasoline Service Stations P i P P P 55 Apparel and Accessory P P Stores ' Fumiture and Home P P Fumishin s Stores 58 Eating and Drinking C22 C16 C16 P11) P P P P Places P24 P23 P23 ` Drug Stores I C15 ci5 P P P C 592 Liquor Stares P P 593 Used Goods: Anbquesf P P Secondhand Shops Sporting Goods and P25 P25 P25 P25 P25 P25 P P P25 P25 Related Stores ' Book, Stationery, Video 015 C15 P P P and Art Supply Stores Jewelry Stores P P Monvments, Tombstones, P and Gravestones ' Hobb , Tay, Game Shops P P P ' Photographic and P P P Electronic Shops Fabric Shops P P 596 Fuel Dealers Ci 1 P I P Florist $ho s cis C15 P P P P ' Personal Medical Suo;)Iv I P P 21A-93 Stores Pet Sho s P P P ` DWI< Retail P p ' Auction Houses P12 P ' Livestock Sales P17 P17 P17 P17 P17 P and 18 GENERAL CROSS REFERENCES: Land Use Table Instructions, see K.C.C. 21A.06,020 and 21A.02.070; Development Standards, see K.C.C. chapters 21A.12 through 21A.30; General Provisions, see K.C.C. chapters 21A.32 through 21A,36; Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; (*)Definition of this specific lard use, see K.C.C. chapter 21A.06. (King County 12-2006) 21AM,070 ZONING B. Development conditions. 1. Only feed stores and garden supply stores. 2. Only hardware and garden materials stores shall be permitted. 3.a. Limited to products grown on site. b. Covered sales areas shall not exceed a total area of five hundred square feet. 4. No permanent structures or signs. 5. Limited to SIC Industry No. 5331-Variety Stores, and further limited to a maximum of two thousand square feet of gross floor area. 6. Limited to a maximum of two thousand square feet of gross floor area. 7.a. The floor area devoted to retail sales shall not exceed three thousand five hundred square feet unless it is located in an agricultural structure, such as a barn, existing as of December 31, 2001 b. Forty percent or more of the gross sales of agricultural product sold through the store must be sold by the producers of primary agricultural products, c. Sixty percent or more of the gross sales of agricultural products sold through the store shall be derived from products grown or produced in the Puget Sound counties. At the time of the initial application, the applicant shall submit a reasonable projection of the source of product sales. d. Sales shall be limited to agricultural products and locally made arts and crafts. e. Storage areas for agricultural products may be included in a farm store structure or in any accessory building, f. Outside lighting is permitted if no off -site glare is allowed. 8. Excluding retail sale of trucks exceeding one -ton capacity. 9, Only the sale of new or reconditioned automobile supplies is permitted. 10_ Excluding SIC Industry No. 5813-Drinking Places. 11. No outside storage of fuel trucks and equipment. 12. Excluding vehicle and livestock auctions. 13. Only as accessory to a winery or brewery, and limited to sales of products produced on site and incidental items where the majority of sales are generated from products produced on site. 14. Not in R-1 and limited to SIC Industry No. 5331-Variety Stores, limited to a maximum of five thousand square feet of gross floor area, and subject to K.C.C. 21A.12.330. 15. Not permitted in R-1 and limited to a maximum of five thousand square feet of gross floor area and subject to K.C.C. 21A,12.230. 16_ Not permitted in R-1 and excluding SIC Industry No. 5813-Drinking Places, and limited to a maximum of five thousand square feet of gross floor area and subject to K.C.C. 21A.12230 except as provided in subsection B,23. of this section. 17. Retail sale of livestock is permitted only as accessory to raising livestock_ 18. Limited to the R-1 zone. 19. Limited to the sale of livestock feed, hay and livestock veterinary supplies with a covered sales area of not more than two thousand square feet. The square foot limitation does not include areas for storing livestock feed, hay or veterinary supplies or covered parking areas for trucks engaged in direct sale of these products from the truck. 21 A-94 20.a. The floor area devoted to retail sales shall not exceed two thousand square feet unless it is located in an agricultural structure, such as a barn, existing as of December 31, 2003. b. Forty percent or more of the gross sales of agricultural products sold through the store must be sold by the producers of primary agricultural products. c. Sixty percent or more of the gross sales of agricultural products sold through the store over a five-year period shall be derived from products grown or produced in the Puget Sound counties. At the time of the initial application, the applicant shall submit a projection of the source of product sales. d. Sales shall be limited to agricultural products and locally -made arts and crafts_ e. Storage areas for agricultural products may be included in a farm store structure or in any accessory building. f. Outside lighting is permitted if no off -site glare is allowed. 21. Limited to hay sales. (King County 12-2006) PERMITTED USES 21A.08.070 22. Only as: a. an accessory use to a winery or brewery, limited to the tasting of products produced on site,- b. an accessory use to a permitted manufacturing or retail land use, limited to espresso stands to include sales of beverages and incidental food items, and not to include drive -through sales; or c. an accessory use to a large active recreation and multiuse park, limited to a total floor area of three thousand five hundred square feet. 23. Only as: a. an accessory to a large active recreation and multiuse park; or b. an accessory to a park and limited to a total floor area of one thousand five hundred square feet. 24. Accessory to a park, limited to a total floor area of seven hundred fifty square feet. 25. Only as an accessory to: a. a large active recreation and multiuse park in the urban growth area; or b, a park, or a large active recreation and multiuse park in the RA zones, and limited to a total floor area of seven hundred and fifty square feet. (Ord. 15606 § 15, 2006: Ord. 15032 § 14, 2004: Ord. 14807 § 6, 2003: Ord. 14781 § 1, 2003: Ord. 14045 § 14, 2001: Ord. 13546 § 4, 1999: Ord_ 13022 § 14, 1998: Ord. 12596 § 7, 1997: Ord. 10870 § 334, 1993). 21A-95 21AA8.080 21A.08.080 Manufacturing land uses. A. Manufacturina land uses. (King County 3-2008) ZONING KEY RESOURCE RESIDENTIAL COMMERCIALlINDUSTRIAL P-Permitted Use A F M R U R U R N B C B R B O 1 C-Conditionat Use G O 1 U R E R E E U O U E U F N S-S ecial Use Z O R 1 R E N E R A B S A E B 5 A I 1 S G I M S M I G S I I F I 0 U N C S R L N R N D H N U N O N C S E U T A V E 8 E N E N E E T L L E N O S I S A S R T T R S T S L S I U I H Y A R A O L E L O D Sic # SPECIFIC LAND USE A F M RA UR 111- R12- NB CB RS D 1 (11) 8 48 20 Food and Kindred Pi, P1 Pi, P1 C P2 C Products C14 C14 20827 Winery/Brewery P3 P3 P3 C P 2084 C12 C13 ' Matenals Processing P15 P16 P17 P19 P Facility C I C18 C 22 Textile Mill Products C 23 Apparel and other Textile C p Products 24 Wood Products, except P4 P4 P4, P4 C6 P furniture CS C5 25 Fumiture and Fixtures C P 26 Paper and Allied Products I C 27 Printing and Publishing P7 P7 P7C P7C P 28 Chemicals and Allied C Products 2911 petroleum Refining and C Related Industries 30 Rubber and Misc. Plastics C Products 31 Leather and Leather C P Goods 32 Stone, Clay, Glass and P6 P9 p Concrete Products 33 Primary Metal Industries I C 34 Fabricated Metal Products p 35 Industrial and Commercial p Machinery 351-55 Heavy Machinery and C E ui merit 357 Computer and Office C C P Equipment 36 Electronic and other C P Electric Equipment 21 A-96 374 Railroad Equipment C 376 Guided Missile and Space C Vehicle Pa Rs 379 Miscellaneous C Transportation Vehicles 38 Measuring and Controlling C C P Instruments 39 Miscellaneous Light C P ManufaMirin Motor Vehicle and Bicycle C Manufacturing Aircraft, Ship and Boat P 10C Building 7534 Tire Retreading C P 781-82 Movie p P Production)Dist6bution GENERAL CROSS Land Use Table Instructions, see K.C.C. 21A.0B.020 and 21A.02.070; REFERENCES: Development Standards, see K.C.C. chapters 21A,12 through 21A.30; Genera! Provisions, see K.C.C. chapters 21A.32 through 21A.38 Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44; Definition of this specific land use, see K.C.C. chapter 21A.06 (King County 3-2008) PERMITTED USES 21A.08.080 B. Development conditions. 1 _a. The floor area devoted to processing shall not exceed two thousand square feet. b. Structures and areas used for processing shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones. c. Processing is limited to agricultural products and sixty percent or more of the products processed must be grown in the Puget Sound counties. At the time of initial application, the applicant shall submit a projection of the source of products to be produced. 2. Except slaughterhouses. 3. Only as a home industry, subject to K.C.C. chapter 21A.30. 4. Limited to rough milling and planing of products grown on -site with portable equipment. 5, Limited to SIC Industry Group No. 242-Sawmills. For RA zoned sites, limited to RA-10 on lots at least ten acres in size and only as accessory to forestry uses. 6. Limited to uses found in SIC Industry No. 2434-Wood Kitchen Cabinets and No. 2431- Millwork, (excluding planing mills). 7. Limited to photocopying and printing services offered to the general public, 8. Only within enclosed buildings, and as an accessory use to retail sales. 9. Only within enclosed buildings. 10. Limited to boat building of craft not exceeding forty-eight feet in length. 11. For I -zoned sites located outside the urban growth area designated by the King County Comprehensive Plan, uses shown as a conditional use in the table of K.C.C. 21A.08.080.A, shall be prohibited, and all other uses shall be subject to the provisions for rural industrial uses as set forth in K.C_C. chapter 21A.12. 12. Limited to wineries subject to the following: a. The total floor area of structures for wineries and any accessory uses are not to exceed three thousand five hundred square feet, including underground storage, unless located in existing agricultural structures, including, but not limited to, barns. b. Expansions of existing agricultural structures used for wineries are not to exceed three thousand five hundred square feet. c. At least sixty percent of the grapes or other agricultural products used to produce the wine must be grown in King County. d. Structures and areas used for processing are set back a minimum distance of seventy-five feet from property lines adjacent to residential zones. e. Wineries must comply with Washington state Department of Ecology and King County board of health regulations for water usage and wastewater disposal. Wineries using water from exempt wells must install a water meter. 13. Limited to wineries subject to the following: a. The floor area of structures for wineries and any accessory uses are limited to a total of eight thousand square feet, except that underground storage that is constructed completely below natural 21 A-97 grade, not including required exits and access points, may add an additional eight thousand square feet provided that the underground storage is at least one foot below the surface and is not visible above ground and must meet the following; (1) Wineries must comply with Washington state Department of Ecology and King County board of health regulations for water usage and wastewater disposal. Wineries using water from exempt wells are to install a water meter. (2) Clearing on the site is limited to a maximum of thirty-five percent of the lot area or the amount previously legally cleared, whichever is greater. Removal of noxious weeds and invasive vegetation is exempt from this clearing limitation. The remainder of the site is to be managed under a forest management plan approved by the King County department of natural resources and parks. (3) Off-street parking is limited to one hundred and fifty percent of the minimum requirement for wineries specified in K,C.C. 21A.18.030. (4) Structures and areas used for processing are set back a minimum distance of seventy- five feet from property lines adjacent to residential zones. 21 A.08.080 (King County 3-2008) ZONING b. Structures for wineries and any accessory uses that exceed six thousand square feet of total floor area including underground storage must: (1) have a minimum lot size of ten acres; and (2) use a minimum of two and one-half acres of the site for the growing of agricultural products. c. Structures for wineries and any accessory uses that do not exceed a six thousand square feet of total floor area including underground storage must have a minimum lot size of five acres. d. On Vashon-Maury Island, the total floor area of structures for wineries and any accessory uses located may not exceed six thousand square feet including underground storage and must have a minimum lot size of five acres. 14. Accessory to agriculture uses provided; a. In the RA zones and on lots less than thirty-five acres in the A zones, the floor area devoted to processing shall not exceed three thousand five hundred square feet unless located in a farm structure, including, but not limited to barns, existing as of December 31, 2003. b. On lots at least thirty-five acres in the A zones, the floor area devoted to processing shall not exceed seven thousand square feet unless located in a farm structure, including, but not limited to barns, existing as of December 31, 2003. c. In the A zones, structures used for processing shall be located on portions of agricultural lands that are unsuitable for other agricultural purposes, such as areas within the already developed portion of such agricultural lands that are not available for direct agricultural production, or areas without prime agricultural soils. d. Structures and areas used for processing shall maintain a minimum distance of seventy-five feet from property lines adjoining residential zones. e. Processing is limited to agricultural products and sixty percent or more of the products processed must be grown in the Puget Sound counties. At the time of initial application, the applicant shall submit a projection of the source of products to be processed. 15. Limited to source separated organic waste processing facilities at a scale appropriate to process the organic waste generated in the agricultural zone. 16. Only on the same lot or same group of lots under common ownership or documented legal control, which includes, but is not limited to, fee simple ownership, a long-term lease or an easement: a_ as accessory to a primary forestry use and at a scale appropriate to process the organic waste generated on the site; or b. as a continuation of a sawmill or lumber manufacturing use only for that period to complete delivery of products or projects under contract at the end of the sawmill or lumber manufacturing activity, 17, Only on the same lot or same group of lots under common ownership or documented legal control, which includes, but is not limited to, fee simple ownership, a long-term lease or an easement: a. as accessory to a primary mineral use; or 21 A-98 b. as a continuation of a mineral processing use only for that period to complete delivery of products or projects under contract at the end of mineral extraction, 18. Continuation of a materials processing facility after reclamation in accordance with an approved reclamation plan. 19. Only on a site that is ten acres or greater and that does not use local access streets that abut lots developed for residential use. (Ord. 16D28 § 1, 2007: 15032 § 15, 2004: Ord. 14781 § 2, 2003: Ord- 14045 § 15, 2001: Ord. 12596 § 8, 1997: Ord. 11621 § 38, 1994: Ord. 10870 § 335, 1993). (King County 3-2008) PERMITTED USES 21A.08.090 Resource land uses. A, Resource land uses. 21 A.08.090 KEY RESOURCE RESIDENTIAL COMMERCIALIINDUSTRIAL P-Pemritted Use A F M R U R U R N B C B R B O 1 C-Conditional Use G O 1 U R E R E E U 0 U E U F N S-S ecial Use 2 O R 1 R E N E R A B S A E B S A I I S G I M S M I G S I I F I D U N C S R L N R N D H N U N 0 N C 5 E U T A V E B E N E N E E T L L E N O S I S A S R T T R S T S L S I U I H Y A R A O L E L O D SIC# SPECIFIC LAND USE A F M RA UR R1- R12- NB CB RB 0 1 8 48 AGRICULTURE: 01 Growing and Harvesting P P P P P P Crops 02 Raising Livestock and P P P P P8 P Small Animals ' Agriculture Training C10 Facili ' Agriculture -related P12 s ecfal needs cam FORESTRY: 08 Growing & Harvesting P P P7 P P P P Forest Production ' Forest Research P P P P2 P FISH AND WILDLIFE MANAGEMENT: 0921 Hatchery/Fish Preserve P P P P C P 1 0273 A uaculture 1 P P P P C P ' WiIdiife Shelters P P P P MINERAL: 10.12,14 Mineral Extraction and P9 P Processing C C11 2951, AsphalUConcrete P8 P8 P 3271. Mixtures and Black C11 C11 3273 ACCESSORY USES: ' Resource Accessory P3 P4 P5 P3 P3 P4 Uses GENERAL CROSS Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; REFERENCES: Development Standards, see KC.C. chapters 21A.12 through 21A.30; General Provisions, see K-C.C. chapters 21A.32 through 21A.38; Application and Review Procedures, see K.C.C. chapters. 21A.40 through 21A.44; 21 A-99 Definition of this s edfic land use, see K.G.G. chapter 21A.06. B. Development conditions. 1. May be further subject to K_C.C. Title 25, Shoreline Management. 2. Only forest research conducted within an enclosed building_ 3. Accessory dwelling units in accordance with K.C.C. 21A.08.030_ 4. Excluding housing for agricultural workers. 5. Limited to either maintenance or storage facilities, or both, in conjunction with mineral extraction or processing operation. B. Large livestock allowed in accordance with K_C.C. chapter 21A.30, 7, Only in conjunction with a mineral extraction site plan approved in accordance with K.C.C. chapter 21A.22. 8. Only on the same lot or same group of lots under common ownership or documented legal control, which includes, but is not limited to, fee simple ownership, a long-term lease or an easement: a. as accessory to a primary mineral extraction use; b. as a continuation of a mineral processing only for that period to complete delivery of products or projects under contract at the end of a mineral extraction; or c. for a public works project under a temporary grading permit issued in accordance with K.C.C. 16, 82,152. (King County 9-2007) 21A.08,090 ZONING 9. Limited to mineral extraction and processing: a. on a lot or group of lots under common ownership or documented legal control, which includes but is not limited to, fee simple ownership, a long-term lease or an easement; b, that are located greater than one -quarter mile from an established residence; and c. that do not use local access streets that abut lots developed for residential use, 10. Agriculture training facilities are allowed only as an accessory to existing agricultural uses and are subject to the following conditions; a. The impervious surface associated with the agriculture training facilities shall comprise not more than ten percent of the allowable impervious surface permitted under K.C.C. 21A.12.040; b. New or the expansion of existing structures, or other site improvements, shall not be located on class 1, 2 or 3 soils; c. The director may require reuse of surplus structures to the maximum extent practical; d. The director may require the clustering of new structures with existing structures; e. New structures or other site improvements shall be set back a minimum distance of seventy-five feet from property lines adjoining residential zones; f. Bulk and design of structures shall be compatible with the architectural style of the surrounding agricultural community; g. New sewers shall not be extended to the site; h. Traffic generated shall not impede the safe and efficient movement of agricultural vehicles, nor shall it require capacity improvements to rural roads; i. Agriculture training facilities may be used to provide educational services to the surrounding rural/agricultural community or for community events. Property owners may be required to obtain a temporary use permit for community events in accordance with K.C.C. chapter 21A.32; j. Use of lodging and food service facilities shall be limited only to activities conducted in conjunction with training and education programs or community events held on site; k. Incidental uses, such as office and storage, shall be limited to those that directly support education and training activities or farm operations; and I. The King County agriculture commission shall be notified of and have an opportunity to comment upon all proposed agriculture training facilities during the permit process in accordance with K.C.C. chapter 21A.40. 11. Continuation of mineral processing and asphalt/concrete mixtures and block uses after reclamation in accordance with an approved reclamation plan. 12.a. Activities at the camp shall be limited to agriculture and agriculture -oriented activities. In addition, activities that place minimal stress on the site's agricultural resources or activities that are compatible with agriculture are permitted. (1) passive recreation; 21 A-100 (2) training of individuals who will work at the camp; (3) special events for families of the campers; and (4) agriculture education for youth. b. Outside the camp center, as provided for in subsection B.12.e of this section, camp activities shall not preclude the use of the site for agriculture and agricultural related activities, such as the processing of local food to create value-added products and the refrigeration and storage of local agricultural products. The camp shall be managed to coexist with agriculture and agricultural activities both onsite and in the surrounding area. c. A farm plan shall be required for commercial agricultural production to ensure adherence to best management practices and soil conservation. d.(1) The minimum site area shall be five hundred acres. Unless the property owner has sold or transferred the development rights as provided in subsection B.12.c.(3) of this section, a minimum of five hundred acres of the site must be owned by a single individual, corporation, partnership or other legal entity and must remain under the ownership of a single individual, corporation, partnership or other legal entity for the duration of the operation of the camp. (2) Nothing in subsection B,12_d_(1) of this section prohibits the property owner from selling or transferring the development rights for a portion or all of the site to the King County farmland preservation program or, if the development rights are extinguished as part of the sale or transfer, to a nonprofit entity approved by the director; (King County 9-2007) PERMITTED USES 21A.08.090 e. The impervious surface associated with the camp shall comprise not more than ten percent of the allowable impervious surface permitted under K.C_C. 21AA 2.040; f. Structures for living quarters, dining facilities, medical facilities and other nonagricultural camp activities shall be located in a camp center. The camp center shall be no more than fifty acres and shall depicted on a site plan. New structures for nonagricultural camp activities shall be clustered with existing structures; g. To the extent practicable, existing structures shall be reused_ The applicant shall demonstrate to the director that a new structure for nonagricultural camp activities cannot be practicably accommodated within an existing structure on the site, though cabins for campers shall be permitted only if they do not already exist on site; h. Camp facilities may be used to provide agricultural educational services to the surrounding rural and agricultural community or for community events_ If required by K.C.C. chapter 21A_32, the property owner shall obtain a temporary use permit for community events; i. Lodging and food service facilities shall only be used for activities related to the camp or for agricultural education programs or community events held on site; j. Incidental uses, such as office and storage, shall be limited to those that directly support camp activities, farm operations or agricultural education programs; k. New nonagricultural camp structures and site improvements shall maintain a minimum set- back of seventy-five feet from property lines adjoining residential zones; 1. Except for legal nonconforming structures existing as of January 1, 2007, camp facilities, such as a medical station, food service hall and activity rooms, shall be of a scale to serve overnight camp users; m_ Landscaping equivalent to a type III landscaping screen, as provided for in K.C.C. 21A.16.040, of at least twenty feet shall be provided for nonagricultural structures and site improvements located within two hundred feet of an adjacent residential zoned property not associated with the camp; n. New sewers shall not be extended to the site; o. The total number of persons staying overnight shall not exceed three hundred; p. The length of stay for any individual overnight camper, not including camp personnel, shall not exceed ninety days during a three -hundred -sixty -five-day period; q. Traffic generated by camp activities shall not impede the safe and efficient movement of agricultural vehicles nor shall it require capacity improvements to rural roads; r. If the site is adjacent to an arterial roadway, access to the site shall be directly onto the arterial unless the county road engineer determines that direct access is unsafe; s. If direct access to the site is via local access streets, transportation management measures shall be used to minimize adverse traffic impacts; 21 A-101 t. Camp recreational activities shall not involve the use of motor vehicles unless the motor vehicles are part of an agricultural activity or are being used for the transportation of campers, camp personnel or the families of campers. Camp personnel may use motor vehicles for the operation and maintenance of the facility. Client -specific motorized personal mobility devices are allowed; and u. Lights to illuminate the camp or its structures shall be arranged to reflect the light away from any adjacent property. (Ord. 15909 § 2, 2007: Ord. 15032 § 16, 2004: Ord. 14045 § 16, 2001: Ord. 12691 § 3, 1997: Ord. 12596 § 9, 1997: Ord. 11938 § 1, 1995: Ord. 11621 § 39, 1994: 11157 § 14, 1993: Ord. 10870 § 336, 1993), 21A.08,100 21A.08.100 Regional land uses. A. Regional land uses. (King County 9-2007) ZONING KEY RESOURCE RESIDENTIAL COMMERCIALANDUSTRIAL P-Permitted Use A F M R U R U R N B C B R B O 1 C-Conditional Use G O 1 U R E R E E U O U E U F N S-S ecial Use Z O R 1 R E N E R A B S A E B S A I I S G I M S M I G S I I F I D U N C S R L N R N D H N U N O N C S E U T A v E B E N E N E E T L L E N O S I S A S R T T R S T S L S I U I H Y A R A O L E L O D SIC# SPECIFIC LAND USE A F Ml RA UR R1•8 R12- NB CB RB O 1 48 15 Jail S S S S S s S ' Jail Fanm/Carnp S S S S Work Release Facility S19 Sig S S S S S S ' Public Agency Animal 5 S S s P Control Facifity ' Public Agency Training S S3 S3 S3 S3 C4 Facility " Hydroelectric C14 S C14 C14 C14 Generation Facility S s s ` Non -hydroelectric C12 S C12 S C12 S C12 C12 C12 C12 C12 C12 012 S C12 P12 Generation Facility S 5 S S S S S S Communication Facility C6c S P C6c 06c C6c C6c C6c P P P P 17 S S I S S I S Earth Station P6b C P C6a C6a C6a C6a P6b P P P P S S S S C 13 Oil and Gas Extraction S C P s S S S S S S S C Energy Resource S S S S S S S S s s S Recove Pacility ' Soil Recycling Facility S S S C "I Landfill I S 5 s S S S I S S S s S ' Transfer Station S S S S S S s S P ' Wastewater Treatment 5 S S S S S S S C Facility Municipal Water S P13 S S S s s S S s S S S Production Ai ort/Heli art 57 S7 S S S $ S S S S S ' Transit Bus Base S 5 S S S S P School Bus Base C5 C5 S C5 S C5 S S 5 S s P s2o 21 A-102 7948 Racetrack S8 SB SB S8 $B 1 SB SB 58 S County Fairgrounds P21 Facility S22 ' Fairground I S S S 8422 Zoo/Wildlife Exhibit(2) S9 S9 S S S S S 7941 StadiumlArena S S 8221- College/University(1) P10 P10 P10 P10 P10 P10 P10 P P P P 8222 C11 C11 C11 C11 C11 $18 Sib S S S " Zoo Animal Breeding P16 P16 P16 Facility GENERAL CROSS Land Use Table Instructions, see K.C.C. 21A.08.020 and 21A.02.070; REFERENC4=S: Development Standards, see K.C.C. chapters 21A.12 through 21A.30; Genera! Provisions, see K.C.G. chapters 21A,32 through 21A.3B; Application and Review Procedures, see K.C.C. chapters 21A.40 through 21A.44: ' Definition of this specific land use, see K.C.C. chapter 21A.06. (King County 9-2007) PERMITTED USES 21A.08.100 E. Development conditions. 1. Except technical institutions, See vocational schools on general services land use table, K.C.C. 21 A.08.050, 2. Except arboretum. See K.C.C. 21A.08.040, recreation/cultural land use table. 3. Except weapons armories and outdoor shooting ranges. 4. Except outdoor shooting range. 5. Only in conjunction with an existing or proposed school, 6.a. Limited to no more than three satellite dish antennae. b. Limited to one satellite dish antenna. c. Limited to tower consolidations. 7. Limited to landing field for aircraft involved in forestry or agricultural practices or for emergency landing sites, S. Except racing of motorized vehicles. 9. Limited to wildlife exhibit. 10. Only as a reuse of a public school facility subject to K.C.C. chapter 21A.32. 11. Only as a reuse of a surplus nonresidential facility subject to K.C.C. chapter 21A.32. 12_ Limited to cogeneration facilities for on -site use only, 13. Excluding impoundment of water using a dam. 14. Limited to facilities that comply with the following: a. Any new diversion structure shall not: (1) exceed a height of eight feet as measured from the streambed; or (2) impound more than three surface acres of water at the normal maximum surface level; b. There shall be no active storage; c. The maximum water surface area at any existing dam or diversion shall not be increased; d. An exceedance flow of no greater than fifty percent in mainstream reach shall be maintained; e_ Any transmission line shall be limited to a: (1) right-of-way of five miles or less; and (2) capacity of two hundred thirty KV or less; f. Any new, permanent access road shall be limited to five miles or less; and g. The facility shall only be located above any portion of the stream used by anadromous fish. 15. For I -zoned sites located outside the urban growth area designated by the King County Comprehensive Plan, uses shown as a conditional or special use in K.C.C. 21A.08.100A, except for W_MMISNi waste water treatment facilities, shall be prohibited. All other uses, including waste water treatment facilities, shall be subject to the provisions for rural industrial uses in K.C.C. chapter 21A,12. 16. The operator of such a facility shall provide verification to the department of natural resources and parks or its successor organization that the facility meets or exceeds the standards of the Animal and Plant Health Inspection Service of the United States Department of Agriculture and the accreditation guidelines of the American Zoo and Aquarium Association. 17. The following provisions of the table apply only to major communication facilities minor communication facilities shall be reviewed in accordance with the processes and standard outlined in K.C.C. chapter 21A.26. 18. Only for facilities related to resource -based research. 19_ Limited to work release facilities associated with natural resource -based activities. 20. Limited to projects which do not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the school bus base and serving only the school bus base may be used. Renovation, expansion, modernization or reconstruction of a school bus base is permitted but shall not require or result in an expansion of sewer service outside the urban growth area, unless a finding is made that no cost-effective alternative technologies are feasible, in which case a tightline sewer sized only to meet the needs of the school bus base. (King County 9-2007) 21A.08.100 - 21A.08.901 ZONING 21. Only in conformance with the King County Site Development Plan Report, through modifications to the plan of up to ten percent are allowed for the following: a. building square footage; b. landscaping; c. parking; d. building height; or e. impervious surface. 22. A special use permit shall be required for any modification or expansion of the King County fairgrounds facility that is not in conformance with the King County Site Development Plan Report or that exceeds the allowed modifications to the plan identified in subsection B.21 of this section. (Ord. 14808 § 3, 2003: Ord. 14199 § 233, 2001: Ord. 14045 § 17, 2001: Ord. 13129 § 13, 1998: Ord. 13022 § 15, 1998: Ord. 12709 § 2, 1997: Ord. 12596 § 10, 1997: Ord. 11621 § 40, 1994. Ord. 10870 § 337, 1993). 21A.08.900 Applicability — Ordinance 13694. Complete applications for segregation submitted prior to January 1, 2000, shall continue to be governed by those ordinances in effect on the date the complete application was submitted. (Ord. 13694 § 93, 1999). 21A.08.901 Severability -- Ordinance 13694. If any provision of Ordinance 13694 or its application to any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected. (Ord. 13694 § 94, 1999). 21A-104 �� \� N DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12 Chapter 21A.12 DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS Sections: 21A_12.010 Purpose. 21A.12.020 Interpretation of tables. 21A.12,030 Densities and dimensions - residential zones. 21A.12.040 Densities and dimensions - Resource and commercial/industrial zones_ 21A.12.050 Measurement methods. 21A.12.060 Minimum urban residential density. 21A.12.070 Calculations - allowable dwelling units lots or floor area. 21A.12.080 Calculations - site area used for base density and maximum density floor area calculations. 21A.12.085 Calculations - Site area used for minimum density calculations. 21A.12.087 Minimum density adjustments for moderate slopes. 21A.12.090 Lot area - Prohibited reduction. 21A.12.100 Lot area - Minimum lot area for construction. 21A_12.110 Measurement of setbacks. 21A.12.120 Setbacks - Specific building or use. 21A.12.122 Setbacks - Livestock buildings and manure storage areas. 21A.12,130 Setbacks - Modifications. 21A,12.140 Setbacks - from regional utility corridors, 21A,12.150 Setbacks - From alley. 21A,12.160 Setbacks - Required modifications. 21A.12.170 Setbacks - projections and structures allowed. 21A.12A 80 Height - Exceptions to limits. 21A.12.190 Height - Limits near major airports. 21A.12.200 Lot or site divided by zone boundary. 21A.12.210 Sight distance requirements. 21A.12.220 Nonresidential land uses in residential zones. 21A.12.230 Personal services and retail uses in R-4 through R-48 zones. 21 A-105 (King County 12-2006) BLANK 21A-1 06 DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.010 - 21AA2.030 21A.12.010 Purpose. The purpose of this chapter is to establish basic dimensional standards for development relative to residential density and as well as specific rules for general application. The standards and rules are established to provide flexibility in project design, and maintain privacy between adjacent uses. (Ord. 10870 § 338, 1993). 21A.12.020 Interpretation of tables. A. K.C.C_ 21A.12.030 and 21A.12.040 contain general density and dimension standards for the various zones and limitations specific to a particular zone(s)- Additional rules, exceptions, and methodologies are set forth in K.C.C. 21A.12.050 through 21A.12.210. B. The density and dimension tables are arranged in a matrix format on two separate tables and are delineated into two general land use categories: 1. Residential; and 2_ Resource and CommerciaUlndustrial, C. Development standards are listed down the left side of both tables, and the zones are listed at the top. The matrix cells contain the minimum dimensional requirements of the zone. The parenthetical numbers in the matrix identify specific requirements applicable either to a specific use or zone. A blank box indicates that there are no specific requirements. If more than one standard appears in a cell, each standard will be subject to any applicable parenthetical footnote following the standard. (Ord. 10870 § 339, 1993). 21A.12.030 Densities and dimensions- residential zones. A. Densities and dimensions - residential zones. RESIDENTIAL Z RURAL URBAN URBAN 0 Re- RESIDENTIAL N Sem E S STANDARDS RA- 14A-9 RA40 RA-20 UR R-1 (17) R4 Ra R4 R-12 R-19 R-24 R44 2S Base Dsitr.. 02 02 0.1 *A5 02 1 4 a a 12 16 24 4B Dwellineng d.1 d'0_ dw— du/an: dulne d1d— dutm dufac dufa dke c dLLP UWac dWx IMPIAcm 121) {6) t M-imu. Density; 0.4 6 9 12 18 27 J6 72 1111"n9 VnWAc aw. dufa dW- dupe dL." dulae dWx dul. 1 2D 2 MJin4Wm Dwt.ity. 85% 95% 95% 80% 76% 70% 604 {2) (12) (121 1121 (10) (1B1 (181 [10) [16y 1181 118) 2J Minimum Lot Ama(131 1.875 3.75 7.5— Is Minimum Lw 135ft 135ft 135h 135 ft 35 tt 35R Ion 30ft 31ft 80 t1 JON 1011 10 I1 w'atti 01 M PI Minimum Slmm 30 t1 30ft salt Soft 30ft 200 Ion 10ft 10R loft 14)ft 1011 10R Srtturk (91 (91 [91 is) (n (7) IS) (a) (at JBI (BI (at (a) 3 Minimum Intemr 5h lot 1aft loft 9ft 5ft Sft Sft 5tt 61t Eft 5fl bR S.W_k (91 191 PI (9) f71 (7) {10) Ito) [t0) 410 19 B+se HHght 40 ft 40 ft 4Q ft 40I1 35 ft 33 n 35 ft 35 N 35 ft do ft 60 i[ 60 ft 60 ft {4) (25) 45ft 45ft 80 it go ft eon (14) (14) 4141 114) (141 2 2 Mnui>rnm lm(ron•wus 25% 2e% l5% 12-51% 30% 30% 55% 70% 75% 85% 851G Sri. 90% Surtxe: {711 fill 1l11 (11) Jilt (11) (26) (26) 126) (261 1261 12Q (261 P.nowntage (6) (191 091 (191 (19) (26t 126) {261 126J (241 (26) 28 B. Development conditions. 1. This maximum density may be achieved only through the application of residential density incentives in accordance with K.C.C. chapter 21A.34 or transfers of development rights in accordance with K.C_C. chapter 21A.37, or any combination of density incentive or density transfer. Maximum density may only be exceeded in accordance with K.C.C. 21A.34.040.F.1,g. and F.6. 2. Also see K.C.G. 21A.12.060. 3. These standards may be modified under the provisions for zero -lot -line and townhouse developments. 21 A-107 (King County 6-2007) 21A.12.030 ZONING 4. Height limits may be increased if portions of the structure that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, but the maximum height may not exceed seventy-five feet. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirements but the maximum height shall not exceed seventy-five feet, except for large active recreation and multiuse parks, where the maximum height shall not exceed one hundred twenty-five feet, unless a golf ball trajectory study requires a higher fence. 5. Applies to each individual lot. Impervious surface area standards for: a_ Regional uses shall be established at the time of permit review; b. Nonresidential uses in residential zones shall comply with K.C.C. 21A.12.120 and 21A.12,220; c. Individual lots in the R-4 through R-6 zones that are less than nine thousand seventy-six square feet in area shall be subject to the applicable provisions of the nearest comparable R-6 or R-8 zone; and d. A lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 6. Mobile home parks shall be allowed a base density of six dwelling units per acre. 7. The standards of the R-4 zone apply if a lot is less than fifteen thousand square feet in area. 8_ At least twenty linear feet of driveway shall be provided between any garage, carport or other fenced parking area and the street property line. The linear distance shall be measured along the center line of the driveway from the access point to such garage, carport or fenced area to the street property line. 9.a. Residences shall have a setback of at least one hundred feet from any property line adjoining A, M or F zones or existing extractive operations. However, residences on lots less than one hundred fifty feet in width adjoining A, M or F zones or existing extractive operations shall have a setback from the rear property line equal to fifty percent of the lot width and a setback from the side property equal to twenty-five percent of the lot width. b. Except for residences along a property line adjoining A, M or F zones or existing extractive operations, lots between one acre and two and one-half acres in size shall conform to the requirements of the R-1 zone and lots under one acre shall conform to the requirements of the R-4 zone. 10.a. For developments consisting of three or more single -detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on -site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet_ b. For townhouse and apartment development, the setback shall be twenty feet along any property line abutting R-1 through R-8, RA and UR zones, except for structures in on -site play areas required in K.C.C. 21A.14.190, which shall have a setback of five feet, unless the townhouse or apartment development is adjacent to property upon which an existing townhouse or apartment development is located. 11. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-8 zone. For lots that are one-half acre in area or larger, the maximum impervious surface area allowed shall be at least ten thousand square feet. On any lot over one acre in area, an additional five percent of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two acres but larger than one-half acre, an additional ten percent of the lot area may be used for structures that are determined to be medically necessary, if the applicant submits with the permit application a notarized affidavit, conforming with K.C.C. 21A.32.170A2, 12. For purposes of calculating minimum density, the applicant may request that the minimum density factor be modified based upon the weighted average slope of the net buildable area of the site in accordance with K_C.C. 21A.12.087. 13. The minimum lot area does not apply to lot clustering proposals as provided in K.C.C. chapter 21A.14. 14. The base height to be used only for projects as follows: a. in R-6 and R-8 zones, a building with a footprint built on slopes exceeding a fifteen percent finished grade; and b. in R-18, R-24 and R-48 zones using residential density incentives and transfer of density credits in accordance with this title. 21A--108 (King County 6-2007) DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.030 15. Density applies only to dwelling units and not to sleeping units_ 16. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line on which a joint use driveway is located to provide a straight line length of at least twenty-six feet as measured from the center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint use driveway. 17_a_ All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered if the property is located within or contains: (1) a floodplain; (2) a critical aquifer recharge area; (3) a regionally or locally significant resource area; (4) existing or planned public parks or trails, or connections to such facilities; (5) a category type S or F aquatic area or category I or I I wetland; (6) a steep slope; or (7) an urban separator or wildlife habitat network designated by the Comprehensive Plan or a community plan- b. The development shall be clustered away from critical areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent possible and the open space shall be placed in a separate tract that includes at least fifty percent of the site. Open space tracts shall be permanent and shall be dedicated to a homeowner's association or other suitable organization, as determined by the director, and meet the requirements in K.C.C. 21A.14.040. On -site critical area and buffers and designated urban separators shall be placed within the open space tract to the extent possible. Passive recreation, with no development of recreational facilities, and natural -surface pedestrian and equestrian trails are acceptable uses within the open space tract. 18. See K.C.C. 21A.12.085. 19. All subdivisions and short subdivisions in R-1 and RA zones within the North Fork and Upper Issaquah Creek subbasins of the Issaquah Creek Basin (the North Fork and Upper Issaquah Creek subbasins are identified in the Issaquah Creek Basin and Nonpoint Action Plan) and the portion of the Grand Ridge subarea of the East Sammamish Community Planning Area that drains to Patterson Creek shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of roads need not be counted towards the allowable impervious area. Where both lot- and plat -specific impervious limits apply, the more restrictive shall be required. 20. This density may only be achieved on RA 2.5 zoned parcels receiving density from rural forest focus areas through a transfer of density credit pursuant to K.C.C. chapter 21A_37. 21. Base density may be exceeded, if the property is located in a designated rural city urban growth area and each proposed lot contains an occupied legal residence that predates 1959. 22. The maximum density is four dwelling units per acre for properties zoned R4 when located in the Rural Town of Fall City, 23. The minimum density requirement does not apply to properties located within the Rural Town of Fall City. 24. The impervious surface standards for the county fairground facility are established in the King County Fairgrounds Site Development Plan, Attachment A to Ordinance 14808 on file at the department of natural resources and parks and the department of development and environmental services. Modifications to that standard may be allowed provided the square footage does not exceed the approved impervious surface square footage established in the King County Fairgrounds Site Development Plan Environmental Checklist, dated September 21, 1999, Attachment B to Ordinance 14808, by more than ten percent. 25. For cottage housing developments only: a. The base height is eighteen feet. b. Buildings have pitched roofs with a minimum slope of six and twelve may extend up to twenty-five feet at the ridge of the roof. 21A-109 (King County 6-2007) 21A.12.030-21A.12.040 ZONING 26. Impervious surface does not include access easements serving neighboring property and driveways to the extent that they extend beyond the street setback due to location within an access panhandle or due to the application of King County Code requirements to locate features over which the applicant does not have control. (Ord. 15245 § 6, 2005: Ord. 15051 § 126, 2004: Ord. 15032 § 17, 2004: Ord. 14808 § 4, 2003: Ord. 14807 § 7, 2003: Ord. 14429 § 2, 2002: Ord_ 14190 § 33, 2001: Ord. 14045 § 18, 2001: Ord. 13881 § 1, 2000: Ord. 13571 § 1, 1999: Ord. 13527 § 1, 1999: Ord. 13274 § 10, 1998: Ord. 13086 § 1, 1998: Ord. 13022 § 16, 1998: Ord. 12822 § 6, 1997: Ord. 12549 § 1, 1996: Ord. 12523 § 3, 1996: Ord. 12320 § 2, 1996: Ord. 11978 § 4, 1995: Ord. 11886 § 5, 1995: Ord. 11821 § 2, 1995: Ord. 11802 § 3, 1995: Ord_ 11798 § 1, 1995: Ord. 11621 § 41, 1994: Ord. 11555 § 5, 1994: Ord. 11157 § 15, 1993: Ord. 10870 § 340, 1993). 21A.12.040 Densities and dimensions - resource and commerciallindustrial zones. A. Densities and dimensions - resource and commercial/industrial zones. RESOURCE COMM ERC€ALANDUSTRIAL AGRICULTURE F M NEIGHBOR- COMMUNIT REGIONAL O € Z 0 I HOOD Y BUSINESS F N O R N BUSINESS BUSINESS F D N E E I U E S R C S S T A E T L R I A L STANDARDS A-10 A-36 F M NS CB RB O 1 Base Density: 0.1 .0286 .0125 8 dulac 18 dulac 36 duiac 36 Dwelling dulac dulac dulac (2) (2) (2) dulac UnitlAcre 2 Maximum 12 du/ac 24 dulac 48 du/ac 48 Density; (3) (3) (3) dulac Dwelling (3) UniUAcre Minimum Lot 10 35 acres 80 10 Area acres acres acres Maximum Lot 4 to 1 4 to 1 Depth! Width Ratio Minimum 30 ft 30 ft (4) 50 ft (12) 10 ft (5) 10 ft (5) 10 ft (5) loft 25 ft Street (4) (4) Setback Minimum loft 10 ft (4) 100 ft (12) 20 ft (7) 20 ft (7) 20 ft (7) 20 ft 20 ft Interior (4) (4) (14) (7) (7) Setback 5o ft 8 Base Height 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft 35 ft 45 ft 45 ft (14} 45 ft (6) 60 ft (6) 65 ft (6) 60 ft fi Maximum ill (9) 1.511 (9) 2.5M (9) 2,511 2.511 Floor/Lot (9) Ratio: Square Feet Maximum 15% 10% 10% 85% 85% 90% 75% go% Impervious 35% 35% 35% Surface: (11) (11) (11) Percentage 13 B. Development conditions. 1. Reserved. 2. These densities are allowed only through the application of mixed -use development standards and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area. 3. These densities may only be achieved through the application of residential density incentives or transfer of development rights in mixed -use developments and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area_ See K.C.C. chapters 21A.34 and 21A.37. 21A--110 (King County 6-2007) DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.040 - 21A.12.060 4.a. in the F zone, scaling stations may be located thirty-five feet from property lines. Residences shall have a setback of at least thirty feet from all property lines. b. for lots between one acre and two and one half acres in size, the setback requirements of the R-1 zone shall apply. For lots under one acre, the setback requirements of the R-4 zone shall apply. c. for developments consisting of three or more single -detached dwellings located on a single parcel, the setback shall be ten feet along any property line abutting R-1 through R-8, RA and UR zones. 5. Gas station pump islands shall be placed no closer than twenty-five feet to street front lines. 6. This base height allowed only for mixed -use developments and for stand-alone townhouse development in the NB zone on property designated commercial outside of center in the urban area. 7. Required on property lines adjoining residential zones. 8. Required on property lines adjoining residential zones for industrial uses established by conditional use permits. 9. The floor -to -lot ratio for mixed use developments shall conform to K.C.C. chapter 21A.14. 10. Height limits may be increased if portions of the structure building that exceed the base height limit provide one additional foot of street and interior setback for each foot above the base height limit, provided the maximum height may exceed seventy-five feet only in mixed use developments. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation of golf courses or golf driving ranges are exempt from the additional interior setback requirement provided that the maximum height shall not exceed seventy-five feet. 11. Applicable only to lots containing less than one acre of lot area_ Development on lots containing less than fifteen thousand square feet of lot area shall be governed by impervious surface standards of the nearest comparable R-4 through R-8 zone. 12. See K.C.C. 21A.22.060 for setback requirements in the mineral zone. 13. The impervious surface area for any lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional use permit. 14. Required on property lines adjoining residential zones unless a stand-alone townhouse development on property designated commercial outside of center in the urban area is proposed to be located adjacent to property upon which an existing townhouse development is located. (Ord. 14190 § 34, 2001: Ord. 14045 § 19, 2001: Ord_ 13086 § 2, 1998. Ord. 13022 § 17, 1998: Ord. 12929 § 2, 1997: Ord. 12522 § 4, 1996: Ord. 11821 § 3, 1995: Ord. 11802 § 4, 1995: Ord. 11621 § 42, 1994: Ord. 10870 § 341, 1993). 21A.12.050 Measurement methods. The following provisions shall be used to determine compliance with this title: A. Street setbacks shall be measured from the existing edge of a street right-of-way or temporary turnaround, except as provided by K.C.C. 21A.12.150; B. Lot widths shall be measured by scaling a circle of the applicable diameter within the boundaries of the lot, provided that an access easement shall not be included within the circle; C. Building height shall be measured from the average finished grade to the highest point of the roof. The average finished grade shall be determined by first delineating the smallest square or rectangle which can enclose the building and then averaging the elevations taken at the midpoint of each side of the square or rectangle, provided that the measured elevations do not include berms; D. Lot area shall be the total horizontal land area contained within the boundaries of a lot; and E. Impervious surface calculations shall not include areas of turf, landscaping, natural vegetation or flow control or water quality treatment facilities. (Ord. 15051 § 127, 2004: Ord. 13190 § 16, 1998: Ord. 10870 § 342, 1993)_ 21A.12.060 Minimum urban residential density. Minimum density for residential development in the urban areas designated by the Comprehensive Plan shall be based on the tables in K.C.C. 21A_12.030, adjusted as provided in 21A.12.070 through 21A.12.080. A. A proposal may be phased, if compliance with the minimum density requirement results in noncompliance with of K_C.C_ chapter 21A28, if the overall density of the proposal is consistent with this section. 21A-111 (King County 9-2005) 21A.12.060 - 21A.12.085 ZONING B. Minimum density requirements may be waived by King County if the applicant demonstrates one or more of the following: 1. The proposed layout of the lots in a subdivision or the buildings in a multiple dwelling development will not preclude future residential development consistent with the minimum density of the zone; 2. The non -sensitive area of the parcel is of a size or configuration that results in lots that cannot meet the minimum dimensional requirements of the zone; 3. In the R-12 through R-43 zones, the area of the parcel required to accommodate storm water facilities exceeds ten percent of the area of the site; 4. The site contains a national, state or county historic landmark. C. A proposal to locate a single residential unit on a lot shall be exempt from the minimum density requirement provided the applicant either preplans the site by demonstrating that the proposed single residence would be located in a manner compatible with future division of the site in a manner that would meet the minimum density requirements, or locates the dwelling within fifteen feet of one or more of the site's interior lot lines. D. Alternative minimum density requirements may be imposed through county -approved property -specific development standards (P-suffix), a special district overlays in accordance with K.C.C. chapter 21A.38 or a subarea plan. (Ord. 14045 § 20, 2001: Ord. 11555 § 6, 1994: 10870 § 343, 1993). 21A.12.070 Calculations - allowable dwelling units, lots or floor area. Permitted number of units, or lots or floor area shall be determined as follows: A. The allowed number of dwelling units or lots (base density) shall be computed by multiplying the site area specified in K_C.C. 21A.12.080 by the applicable residential base density number; B. The maximum density (unit or lot) limits shall be computed by adding the bonus or transfer units authorized by K.C.C. chapters 21A.34 and 21A.37 to the base units computed under subsection A of this section- C. The allowed floor area, which excludes structured or underground parking areas and areas housing mechanical equipment, shall be computed by applying the floor -to -lot area ratio to the project site area specified in K.C_C. 21A.12.080; D. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows, except as provided in subsection E of this section: 1. Fractions of 0,50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down; and E. For subdivisions and short subdivisions in the RA and A zones, rounding up of the number of development units or lots is not allowed. (Ord. 14190 § 35, 2001: Ord. 14045 § 21, 2001: Ord. 11927 § 1, 1995: Ord. 10870 § 344, 1993). 21A.12.060 Calculations - site area used for base density and maximum density floor area calculations. A. All site areas may be used in the calculation of base and maximum allowed residential density or project floor area. B. For subdivisions and short subdivisions in the RA zone, if calculations of site area for base density result in a fraction, the fraction shall be rounded to the nearest whole number as follows: 1. Fractions of 0.50 or above shall be rounded up; and 2. Fractions below 0.50 shall be rounded down, (Ord. 15051 § 128, 2004: Ord. 14045 § 22, 2001: Ord. 11621 § 43, 1994: Ord. 11555 § 3, 1994: Ord. 10870 § 345, 1993). 21A.12.085 Calculations - Site area used for minimum density calculations. Minimum density shall be determined by: A. Multiplying the Base Density (Dwelling Units/Acre) as set forth in K.C.C. 21A.12.030_A by the net buildable area of the project site; and then B. Multiplying the resulting product by the Minimum Density percentage set forth in K.C.C. 21A,12.030.A or as adjusted pursuant to the provisions of K.C.C. 21A_12.087. (Ord. 12549 § 2, 1996: Ord. 11798 § 2, 1995. Ord. 11555 § 4, 1994). 21A---112 (King County 9-2005) DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21AA 2.087 - 21A.12.120 21A.12.087 Minimum density adjustments for moderate slopes. A. For purposes of calculating minimum density of sloped sites in zones R-4, R-6 and R-8, the following adjustment is permitted: Weighted Average Slope of Net Buildable Minimum Density Factor: Areas of Site: 0% - less than 5% 85% 5% - less than 15% 83%, less 1.5% for each 1 % of average slope in excess of 5% 15% - less than 40% 66%, less 2.0% for each 1 % of average slope in excess of 15% B. Weighted average slope shall be calculated as follows: 1. The applicant shall submit a topographic survey of the net buildable area(s) of the site which identifies distinct areas within the following slope increments: 0-5%, 5-10%, 10-15%, etc. up to 35-40%. 2. Each slope increment will have a corresponding median slope value. This value is the midpoint of each slope increment. For instance, slope increments of 0-5% and 5-10% shall have median values of 2.5% and 7.5%, respectively. 3. The weighted average slope shall be determined by multiplying the number of square feet in each area by the median slope value in that area. For example, if the net buildable area portion of a site is 30,000 sq. ft. of which there are 10,000 square feet of 5-10% slope and 20,000 square feet of 10-15% slope, the weighted average slope would be 10.8%. See the following calculation [(10,000 sq. ft. times 7.5% plus 20,000 sq. ft, times 12.5%) divided by 30,000 sq. ft. = 10.8%). (Ord. 12549 § 3, 1996). 21A.12.090 Lot area - Prohibited reduction. Any portion of a lot that was used to calculate compliance with the standards and regulations of this title shall not be subsequently subdivided or segregated from such lot. (Ord. 10870 § 346, 1993). 21A.12.100 Lot area - Minimum lot area for construction. Except as provided for nonconformances in K.C.C. 21A.32: A. In the UR and R zones no construction shall be permitted on a lot that contains an area of less than 2,500 square feet or that does not comply with the applicable minimum lot width, except fortownhouse developments zero -lot -line subdivisions, or lots created prior to February 2, 1995 in a recorded subdivision or short subdivision which complied with applicable subdivision or short subdivision laws; B. In the A, F or RA zones: 1 _ Construction shall not be permitted on a lot containing less than 5,000 square feet; and 2. Construction shall be limited to one dwelling unit and residential accessory uses for lots containing greater than 5,000 square feet, but less than 12,500 square feet. (Ord. 12268 § 1, 1996: Ord. 10870 § 347, 1993). 21A.12.110 Measurement of setbacks. A. Interior setback: the interior setback is measured from the interior lot line to a line parallel to and measured perpendicularly from the interior lot lines at the depth prescribed for each zone. B. Street setback: the street setback is measured from the street right-of-way or the edge of a surface improvement which extends beyond a right-of-way, whichever is closer to the proposed structure, to a line parallel to and measured perpendicularly from the street right-of-way or the edge of the surface improvement at the depth prescribed for each zone. (Ord. 10870 § 348, 1993). 21A.12.120 Setbacks - Specific building or use. When a building or use is required to maintain a specific setback from a property line or other building, such setback shall apply only to the specified building or use. (Ord. 10870 § 349, 1993). 21A-113 (King County 9-2005) 21A.12,122 - 21A.12.140 ZONING 21A.12.122 Setbacks - Livestock buildings and manure storage areas. A. The minimum interior setback for any building used to house, confine or feed swine shall be 90 feet. B. The minimum interior setback for any building used to house, confine or feed any other livestock shall be 25 feet. 1977). C. The minimum interior setback for any manure storage area shall be 35 feet. (Ord. 12786 § 3, 21A.12.130 Setbacks - Modifications. The following setback modifications are permitted: A. When the common property line of two lots is covered by a building(s), the setbacks required by this chapter shall not apply along the common property line; and B. When a lot is located between lots having nonconforming street setbacks, the required street setback for such lot may be the average of the two nonconforming setbacks or 60 percent of the required street setback, whichever results in the greater street setback. (Ord. 10870 § 350, 1993). 21A.12.140 Setbacks -from regional utility corridors. A. Except as otherwise provided in subsection B. of this section, in subdivisions and short subdivisions, areas used as regional utility corridors shall be contained in separate tracts. B. For a subdivision or short subdivision: 1. Upon mutual agreement of the utility and applicant for the subdivision or short subdivision submitted at the time of application for the preliminary plat, the area of the regional utility corridor placed in a separate tract may be less than the entire utility right-of-way or easement. The agreement may be evidenced by correspondence between the utility and the applicant; 2. If the utility and applicant enter into an agreement under subsection B. 1. of this section: a. The location of the easement or right-of-way shall be shown on the face of the plat; b. The applicant shall record on the title of all lots that extend into the right-of-way or easement a notice approved by the department that there is an easement or right-of-way for a regional utility corridor that may subject use of that area of the property to conditions established by the utility; and c_ The department shall include as conditions of plat approval the conditions on use of the area within the regional utility corridor included in the agreement between the utility and the applicant. C. In land development permits other than subdivisions or short subdivisions, easements shall be used to delineate regional utility corridors. D. All structures shall maintain a minimum distance of five feet from property or easement lines delineating the boundary of regional utility corridors, except for utility structures necessary to the operation of the utility corridor or when structures are allowed by mutual agreement in the regional utility corridor. E. Any structure designed for human occupancy, except for utility structures not normally occupied that are necessary for the operation of the pipeline or a minor communication facility, shall maintain a minimum distance of one hundred feet from a hazardous liquid or gas transmission pipeline located within a regional utility corridor. The setback distance may be modified if the applicant demonstrates the following: 1. A one -hundred -foot setback would deny all reasonable use of the property; or 2. That the structure would be protected from radiant heat of an explosion by berming or other physical harriers; or 3. That a one -hundred -foot setback would be impractical or unnecessary due to existing geographical features, streets, lot lines, or easements; or 4. That no other practical alternative exists to meet the demand for service; and 5. That the applicant will construct a hazardous liquid or gas transmission containment system or other mitigating actions if the county finds that leakage could accumulate within one hundred feet of the pipeline. Any containment system or other mitigating actions required by this section shall meet all applicable federal, state and local regulations. (Ord. 15245 § 7, 2005: Ord. 14045 § 23, 2001: Ord. 13190 § 17, 1998: Ord. 10870 § 351, 1993). 21A---114 (King County 9-2005) DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.150 - 21A.12.170 21A.12.150 Setbacks -From alley. A. Structures may be built to a property line abutting an alley, except as provided in subsection B. B. Vehicle access points from garages, carports or fenced parking areas shall be set back from the alley property line to provide a straight line length of at least 26 feet, as measured from the centerline of the garage, carport or fenced parking area, from the access point to the opposite edge of the alley. No portion of the garage or the door in motion may cross the property line, (Ord. 11978 § 5, 1995: Ord. 10870 § 352, 1993). 21A.12.160 Setbacks - Required modifications. The following setback modifications are required: A. In addition to providing the standard street setback, a lot adjoining a half -street or designated arterial shall provide an additional width of street setback sufficient to accommodate construction of the planned half -street or arterial; and B. Where the standard setback for a property is modified within an adopted subarea or neighborhood plan area zoning, the applicable setback shall be that specified therein. (Ord. 12822 § 7, 1997: Ord. 10870 § 353, 1993). 21A.12.170 Setbacks - projections and structures allowed. Provided that the required setbacks from regional utility corridors of K.C.C. 21A_12.140, the adjoining half -street or designated arterial setbacks of K.C.C. 21A.12.160 and the sight distance requirements of K.C.C. 21A.12.210 are maintained, structures may extend into or be located in required setbacks, including setbacks as required by K.C.C. 21A.12,220.B, as follows: A_ Fireplace structures, bay or garden windows, enclosed stair landings, closets, or similar structures may project into any setback, provided such projections are: 1. Limited to two per facade; 2. Not wider than ten feet; and 3. Not more than twenty-four inches into an interior setback or thirty inches into a street setback; B. Uncovered porches and decks that exceed eighteen inches above the finished grade may project: 1. Eighteen inches into interior setbacks; and 2. Five feet into the street setback; C. Uncovered porches and decks not exceeding eighteen inches above the finished grade may project to the property line; D. Eaves may not project more than: 1. Eighteen inches into an interior setback; 2. Twenty-four inches into a street setback; or 3. Eighteen inches across a lot line in a zero -lot -line development; E. Fences with a height of six feet or less may project into or be located in any setback; F. Rockeries, retaining walls and curbs may project into or be located in any setback provided these structures: 1. Do no exceed a height of six feet in the R-1 through R-18, UR, RA and resource zones; 2. Do not exceed a height of eight feet in the R-24 and R-48 zones; and 3. Do not exceed the building height for the zone in commercial/industrial zones, measured in accordance with the standards established in the King County Building Code, Title 16; G. Fences located on top of rockeries, retaining walls or berms are subject to the requirements of K.C.C. 21A.14.220; H. Telephone, power, light and flag poles; I. The following may project into or be located within a setback, but may only project into or be located within a five foot interior setback area if an agreement documenting consent between the owners of record of the abutting properties is recorded with the King County department of records and elections prior to the installment or construction of the structure: 21A-115 1. Sprinkler systems, electrical and cellular equipment cabinets and other similar utility boxes and vaults; 2_ Security system access controls; 21A.12.170 - 21A.12.190 (King County 12-2006) ZONING 3. Structures, except for buildings, associated with trails and on -site recreation spaces and play areas required in K.C.C.21A.14.180 and K_C.C. 21A.14.190 such as benches, picnic tables and drinking fountains; and 4. Surface water management facilities as required by K.C.G. 9.04; J. Mailboxes and newspaper boxes may project into or be located within street setbacks; K. Fire hydrants and associated appendages; L. Metro bus shelters may be located within street setbacks,- M. Unless otherwise allowed in K.C.C. 21A.20.080, free standing and monument signs four feet or less in height, with a maximum sign area of twenty square feet may project into or be located within street setbacks; N. On a parcel in the RA zone, in the interior setback that adjoins a property zoned NB or CB, structures housing refrigeration equipment that extends no more than ten feet into the setback and is no more than sixty feet in length; and O. Stormwater conveyance and control facilities, both above and below ground, provided such projections are: 1. Consistent with setback, easement and access requirements specified in the Surface Water Design Manual; or 2. In the absence of said specifications, not within five feet of the property line. RETAINING WALL IN SETBACK property line I H max. 6' in R1 - R18, UR, RA & Resource Zones H max. 8' in R24 and R 48 Zones, and not to exceed building height requirement in Commerical/Industrial Zones (Ord. 15606 § 16, 2006: Ord. 13190 § 18, 1998: Ord. 13022 § 18, 1998: Ord. 12987 § 4, 1998: Ord. 10870 § 354, 1993). 21A.12.180 Height - Exceptions to limits. The following structures may be erected above the height limits of K.C.C. 21A.12.030-.050. A. Roof structures housing or screening elevators, stairways, tanks, ventilating fans or similar equipment required for building operation and maintenance; and B. Fire or parapet walls, skylights, flagpoles, chimneys, smokestacks, church steeples, crosses, spires, communication transmission and receiving structures, utility line towers and poles, and similar structures. (Ord. 10870 § 355, 1993). 21A.12.190 Height - Limits near major airports. No building or structure shall be erected nor shall any tree be allowed to grow to a height in excess of the height limit established by the Airport Height 21A-116 Maps for the Seattle -Tacoma International Airport and the King County Airport (Boeing Field). (Ord. 10870 § 356, 1993). (King County 12-2006) DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.200 21A.12.200 Lot or site divided by zone boundary. When a lot or site is divided by a zone boundary, the following applies_ A. If a lot or site contains both residential and non-residential zoning, the zone boundary between the zones shall be considered a lot line for determining permitted building height and required setbacks on the site, B. If a lot or site contains residential zones of varying density_ 1. Any residential density transfer within the lot or site shall be allowed if_ a. the density, as a result of moving dwelling units from one lot to another lot within a site or across zone lines within a single lot, does not exceed one hundred fifty percent of the base density on any of the lots or portions of a lot to which the density is transferred; b. the transfer does not reduce the minimum density achievable on the lot or site; c. the transfer enhances the efficient use of needed infrastructure; d. the transfer does not result in significant adverse impacts to the low density portion of the lot or site; e. the transfer contributes to preservation of environmentally sensitive areas, wildlife corridors, or other natural features; and f_ the transfer does not result in significant adverse impacts to adjoining lower density properties; 2. Residential density transfers from one lot to another lot within a site or from one portion of a lot to another portion of a lot across a zone line shall not be allowed in the RA zone; 3. Residential density transfers shall not be allowed to a lot or portion of a lot zone R-1; 4. Compliance with the criteria in this subsection B shall be evaluated during review of any development proposals in which such a transfer is proposed; and 5. Residential density transfers from one lot to another lot within a site or from one portion of a lot to another portion of a lot across a zone line shall not, in of itself, be considered development above the base density for purposes of requiring a conditional use permit for apartments or townhouses in the R-1 through R-8 zones. C. Uses on each portion of the lot shall only be those permitted in each zone in accordance with K.C.C. chapter 21A.08. (Ord. 14429 § 3, 2002: Ord. 14045 § 24, 2001: Ord. 11157 § 16, 1993: Ord. 10870 § 357, 1993). 21A-117 (King County 9-2005) 21A.12210 ZONING 21A.12.210 Sight distance requirements. Except for utility poles and traffic control signs, the following sight distance provisions shall apply to all intersections and site access points: A. A sight distance triangle area as determined by Section 21A.12.210B shall contain no fence, berm, vegetation, on -site vehicle parking area, signs or other physical obstruction between 42 inches and eight feet above the existing street grade; NOTE: The area of a sight distance triangle between 42 inches and eight feet above the existing street grade shall remain open. B. The sight distance triangle at: 1. A street intersection shall be determined by measuring 15 feet along both street property lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the endpoints of the first two sides of the triangle; or 2. A site access point shall be determined by measuring 15 feet along the street lines and 15 feet along the edges of the driveway beginning at the respective points of intersection. The third side of each triangle shall be a line connecting the endpoints of the first two sides of each triangle; and C. The director may require modification or removal of structures or landscaping located in required street setbacks, if: 1. Such improvements prevent adequate sight distance to drivers entering or leaving a driveway, and, 2. No reasonable driveway relocation alternative for an adjoining lot is feasible. (Ord. 10870 § 358, 1993). 21A-118 (King County 9-2005) DEVELOPMENT STANDARDS - DENSITY AND DIMENSIONS 21A.12.220 - 21A.12.230 21A.12.220 Nonresidential land uses in residential zones. Except for utility facilities, uses listed in K.C.C. 21A,08.100, and nonresidential uses regulated by 21A_12230, all nonresidential uses located in the RA, UR, or R zones shall be subject to the following requirements: A. Impervious surface coverage shall not exceed: 1. Forty percent of the site in the RA zone. 2. Seventy percent of the site in the UR and the R-1 through R-8 zones. 3. Eighty percent of the site in the R-12 through R-48 zones- B. Buildings and structures, except fences and wire or mesh backstops, shall not be closer than 30 feet to any property line, except as provided in subsection C. C. Single detached dwelling allowed as accessory to a church or school shall conform to the setback requirements of the zone. D. Parking areas are permitted within the required setback area from property lines, provided such parking areas are located outside of the required landscape area. E. Sites shall abut or be accessible from at least one public street functioning at a level consistent with King County Road Design Standards. New high school sites shalt abut or be accessible from a public street functioning as an arterial per the King County Design Standards. F. The base height shall conform to the zone in which the use is located. G. Building illumination and lighted signs shall be designed so that no direct rays of light are projected into neighboring residences or onto any street right-of-way. (Ord. 11802 § 5, 1995: Ord. 11621 § 44, 1994: Ord. 10870 § 359, 1993). 21A.12.230 Personal services and retail uses in R-4 through R-48 zones. The general personal service use (SIC # 72 except 7216, 7218 and 7261) listed in K.C.C. 21A.08.050 and the retail uses, except agricultural crop sales, listed in K.C.C. 21A.08.070 which are located in the R-4 through R- 48 zones shall be subject to the following requirements: A. Each individual establishment shall not exceed 5,000 square feet of gross floor area and the combined total of all contiguous commercial establishments shall not exceed 15,000 square feet of gross floor area; B. Establishments shall not be located less than one mile from another commercial establishment, unless located with other establishments meeting the criteria in paragraph A; C. Establishment sites shall abut an intersection of two public streets, each of which is designated as a neighborhood collector or arterial and which has improved pedestrian facilities for at least 114th mile from the site; D. The maximum on -site parking ratios for establishments and sites shall be 2 per 1000 square feet and required parking shall not be located between the building(s) and the street; and E. Buildings shall comply with the building facade modulation and roofline variation requirements in K.C.C. 21A.14.080 and _090 and at least one facade of the building shall be located within five feet of the sidewalk. F. If the personal service or retail use is located in a building with multifamily uses, then the commercial use shall be on the ground floor and shall not exceed 25 percent of the total floor area of the building. G. Sign and landscaping standards for the use apply. (Ord. 12596 § 11, 1997: Ord. 10870 § 360, 1993). 21 A---119 BLANK 21 A-120 (King County 9-2005) 21A-121 DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14 Chapter 21A.14 DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS Sections: 21A.14.010 Purpose. 21A.14.020 General layout standards. 21A.14.025 Cottage housing development. 21AA4.030 Lot segregations - Zero lot line development. 21A.14.040 Lot segregations - clustered development. 21A.14.050 Lot segregations - UR zone reserve tract. 21A.14.060 Townhouse development. 21A.14.070 Attached dwellings and group residences -Applicability. 21A.14,080 Attached dwellings and group residences - Vehicular access and parking location. 21A.14.090 Attached dwellings and group residences - Building fagade modulation. 21A.14.110 Mixed use development - Percentages of residential uses. 21A.14.120 Mixed use development - Residential density. 21A.14.130 Mixed use development - Building floor area. 21A.14.135 Mixed use development - design features. 21A.14.145 Mixed use development phasing - required plans, requirements, covenants, recordings — review and approval. 21A.14.150 Mobile home parks - Standards for existing parks. 21A.14.160 Mobile home parks - Standards for new parks. 21A.14.170 Mobile home parks - Alternative design. 21A.14.180 On site recreation - space required. 21A.14.185 Recreation space - fees in lieu of. 21A.14.190 On -site recreation - play areas required. 21A.14.195 On -site recreation — financial guarantees for construction. 21A.14200 On -site recreation - maintenance of recreation space or dedication. 21A.14.210 Storage space and collection points for recyclables. 21A_14.220 Fences. 21A.14,225 Hazardous liquid and gas transmission pipelines_ 21A_14.230 Trail corridors -Applicability. 21A.14.240 Trail corridors - Design standards. 21A.14.250 Trail corridors - Maintenance of trail corridorslimprovements. 21A.14.280 Rural industry development standards. 21A.14.300 Short subdivision or short subdivision alterations — adequacy of access — right of way use permits, 21A.14.310 Proposed formal subdivisions, short subdivisions or binding site plans — railroad buffer strips. 21A.14.320 Preliminary subdivision and short subdivision approval -- maintenance of private streets, easements and utilities required_ 21A.14.330 Preliminary subdivision and short subdivision approval — covenants relating to keeping livestock in the RA zone_ 21A.14.350 Rural equestrian community trail preservation — purpose. 21A.14.360 Rural equestrian community trails — general applicability. 21A.14.365 Rural equestrian community trails - notification. 21A.14.370 Rural equestrian community trails — authority. 21A_14.380 Rural equestrian community trails — location and design standards. 21A.14.390 Rural equestrian community trails — maintenance and operation. 21A.14.410 Rural equestrian community trails - annual report. (King County 9-2005) 21A-121 BLANK 21A-122 DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.010 - 21A.14.040 21A.14.010 Purpose. The purpose of this chapter is to improve the quality of development by providing building and site design standards that: A. Reduce the visual impact of large residential buildings from adjacent streets and properties; B, Enhance the aesthetic character of large residential buildings; C. Contain sufficient flexibility of standards to encourage creative and innovative site and building design; D. Meet the on -site recreation needs of project residents.- E. Enhance aesthetics and environmental protection through site design; and F_ Allow for continued or adaptive reuse of historic resources while preserving their historic and architectural integrity. (Ord. 11621 § 45, 1994: 10870 § 361, 1993). 21A.14.020 General layout standards. For residential developments in the UR and R zones: A, The maximum length of blocks shall be 1,320 feet; and B. Except for comer lots, lots for single detached dwellings shall not have street frontage along two sides unless one of said streets is a neighborhood collector street or an arterial street. (Ord_ 10870 § 362, 1993). 21A.14.025 Cottage housing development. For cottage housing developments in the R4-R8 zones: A. The total area of the common open space must be at least two hundred and fifty square feet per unit and at least fifty percent of the units must be clustered around the common space. B. The total floor area of each unit, including any enclosed parking, is limited to one thousand two hundred square feet. The footprint of each unit, including any enclosed parking, is limited to nine hundred square feet. A front or wraparound porch of up to one hundred square feet is permitted and is not to be included in the floor area or footprint calculation. C. Fences within the cottage housing unit development are limited to three feet in height. Fences along the perimeter of the cottage housing development are limited to six feet. D. Individual cottage housing units must be at least ten feet apart. (Ord. 15245 § 8, 2005: Ord. 15032 § 18, 2004). 21A.14.030 Lot segregations - Zero lot line development. In any UR or R zone or in the NB zone on property designated commercial outside of center in the urban area, interior setbacks may be modified during subdivision or short subdivision review as follows: A. If a building is proposed to be located within a normally required interior setback: 1. An easement shall be provided on the abutting lot of the subdivision that is wide enough to ensure a 10-foot separation between the walls of structures on adjoining lots, except as provided for common wall construction; 2. The easement area shall be free of permanent structures and other obstructions that would prevent normal repair and maintenance of the structure's exterior; 3. Buildings utilizing reduced setbacks shall not have doors that open directly onto the private yard areas of abutting property. Windows in such buildings shall not be oriented toward such private yard areas unless they consist of materials such as glass block, textured glass, or other opaque materials, and shall not be capable of being opened, except for clerestory -style windows or skylights; and 4. The final plat or short plat shall show the approximate location of buildings proposed to be placed in a standard setback area. B. In the UR or R zones, setbacks on existing individual lots may be modified provided that the standards set forth in subsection A.1 of this section are met. (Ord. 12522 § 5, 1996: Ord, 11978 § 6, 1995: Ord. 10870 § 363, 1993). 21A.14.040 Lot segregations - clustered development. Residential lot clustering is allowed in the R, UR and RA zones. If residential lot clustering is proposed, the following requirements shall be met: A. in the R zones, any designated open space tract resulting from lot clustering shall not be altered or disturbed except as specified on recorded documents creating the open space. Open spaces may be retained under ownership by the subdivider, conveyed to residents of the development or conveyed to a third party. If access to the open space is provided, the access shall be located in a separate tract; 21 A-123 (King County 12-2006) 21A.14.040 ZONING B. In the RA zone: 1. No more than eight lots of less than two and one-half acres shall be allowed in a cluster; 2. No more than eight lots of less than two and one-half acres shall be served by a single cul- de-sac street; 3. Clusters containing two or more lots of less than two and one-half acres, whether in the same or adjacent developments, shall be separated from similar clusters by at least one hundred twenty feet; 4. The overall amount, and the individual degree of clustering shall be limited to a level that can be adequately served by rural facilities and services, including, but not limited to, on -site sewage disposal systems and rural roadways; 5. A fifty -foot Type II landscaping screen, as defined in K.C.C. 21A.16.040, shall be provided along the frontage of all public roads. The planting materials shall consist of species that are native to the Puget Sound region. Preservation of existing healthy vegetation is encouraged and may be used to augment new plantings to meet the requirements of this section; 6. Except as provided in subsection B.7. of this section, open space tracts created by clustering in the RA zone shall be designated as permanent open space. Acceptable uses within open space tracts are passive recreation, with no development of active recreational facilities, natural -surface pedestrian and equestrian foot trails and passive recreational facilities. A resource tract created under K.C.C. 16.82.152.E. may be considered an open space tract for purposes of this subsection B.6; 7. In the RA zone a resource land tract may be created through a cluster development in lieu of an open space tract. A resource tract created under K.C.C. 16.82.152.E, may be considered a resource tract for purposes of this subsection BY. The resource land tract may be used as a working forest or farm if the following provisions are met: a. Appropriateness of the resource land tract for forestry or agriculture has been determined by the county; b. The subdivider shall prepare a forest management plan, that must be reviewed and approved by the King County department of natural resources and parks, or a farm management plan, if a plan is required under K.C.C. chapter 21A.30, that must be developed by the Icing Conservation District. The criteria for management of a resource land tract established through a cluster development in the RA zone shall be set forth in a public rule. The criteria must assure that forestry or farming will remain as a sustainable use of the resource land tract and, except as otherwise provded for resource tracts created pursuant to K.C.C. 16.82.152.E, that structures supportive of forestry and agriculture may be allowed in the resource land tract. The criteria must also set impervious surface limitations and identify the type of buildings or structures that will be allowed within the resource land tract; c. The recorded plat or short plat shall designate the resource land tract as a working forest or farm; d. Resource land tracts that are conveyed to residents of the development shall be retained in undivided interest by the residents of the subdivision or short subdivision; e. A homeowners association shall be established to assure implementation of the forest management plan or farm management plan if the resource land tract is retained in undivided interest by the residents of the subdivision or short subdivision; f, The subdivider shall file a notice with the King County department of executive services, records, elections and licensing services division. The required contents and form of the notice shall be set forth in a public rule. The notice shall inform the property owner or owners that the resource land tract is designated as a working forest or farm, that must be managed in accordance with the provisions established in the approved forest management plan or farm management plan; g. The subdivider shall provide to the department proof of the approval of the forest management plan or farm management plan and the filing of the notice required in subsection B.7.f. of this section before recording of the final plat or short plat; h. The notice shall run with the land; and L Natural -surface pedestrian and equestrian foot trails, passive recreation, and passive recreational facilities, with no development of active recreational facilities, are allowed uses in resource land tracts; and 8. The requirements of subsection B.1., 2., or 3. of this subsection may be modified or waived by the director if the property is encumbered by critical areas containing habitat for, or there is the presence of, species listed as threatened or endangered under the Endangered Species Act when it is necessary to protect the habitat; and 21 A-124 (King County 12-2006) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.040 - 21A.14.070 C. In the R-1 zone, open space tracts created by clustering required by K.C.C. 21A.12.030 shall be located and configured to create urban separators and greenbelts as required by the Comprehensive Plan, or subarea plans or open space functional plans, to connect and increase protective buffers for critical areas, to connect and protect wildlife habitat corridors designated by the Comprehensive Plan and to connect existing or planned public parks or trails. The department may require open space tracts created under this subsection to be dedicated to an appropriate managing public agency or qualifying private entity such as a nature conservancy. In the absence of such a requirement, open space tracts shall be retained in undivided interest by the residents of the subdivision or short subdivision. A homeowners association shall be established for maintenance of the open space tract. (Ord. 15606 § 17, 2006: Ord. 15051 § 129, 2004: Ord. 15032 § 19, 2004: Ord. 14199 § 234, 2001: Ord. 14259 § 8, 2001: Ord. 14045 § 25, 2001: Ord, 13022 § 19, 1998: Ord. 12822 § 8, 1997: Ord. 11621 § 47, 1994: 10870 § 364, 1993). 21A.14.050 Lot segregations - UR zone reserve tract. Subdivision of UR zoned property of ten or more acres shall be required to be clustered and a reserve tract shall be created for future development in accordance with the following: A. The reserve tract shall be no less than seventy-five percent of the net developable area of the property to be subdivided. B. The reserve tract shall be configured to contain lands with topography and natural features that allow future conversion of the reserve tract to residential development at urban densities- C. The reserve tract may contain a single dwelling unit, only if: 1. The unit was included in the overall density calculations for the original subdivision creating the reserve tract; and 2. The unit was noted on the face of the original subdivision (plat or short plat). D. The reserve tract shall not be altered or disturbed except as specified on the face of the original subdivision (plat or short plat). E. The reserve tract may be retained under the ownership of the subdivider, conveyed to residents of the subdivisions, or conveyed to a third party. Regardless of ownership of the reserve tract, all restrictions relative to the reserve tract shall apply. F. The reserve tract shall not be used to satisfy the recreation space requirement of the original subdivision. G. The layout of the lots and roadways created in the original subdivision shall facilitate future development of the reserve tract. H. The reserve tract shall not be eligible for further subdivision until such time that reclassification of the reserve tract occurs in accordance with the community plan area zoning process outlined in K.C.C. 20.08.030. I. Any proposed subsequent development on the reserve tract shall be governed by the development standards in effect at the time of such development. (Ord. 15032 § 20, 2004: Ord. 15032 § 20, 2004: Ord. 10870 § 365, 1993)_ 21A.14.060 Townhouse development. In the R-1 through R-8 zones and in the NB zone on property designated commercial outside of center in the urban area, a building that contains a grouping of attached townhouse units shall not exceed a 200-foot maximum length without a separation of at least 10 feet from other groupings or rows of townhouses. (Ord. 12522 § 6, 1996: Ord. 11978 § 7, 1995: Ord, 10870 § 366, 1993)_ 21A.14.070 Attached dwellings and group residences - Applicability. The standards of K.C.C. 21A.14.080 through 21A.14,090 shall apply to all new apartment developments exceeding four dwelling units, new townhouse development and new group residences except Class I Community Residential Facilities ("CRF-1"). Expansions of existing development that involve four or more dwelling units shall be subject to compliance with K.C.C. 21A.14.080 to 21A.14.090, (Ord. 13086 § 3, 1998: Ord. 10870 § 367, 1993)_ 21A-125 (King County 12-2006) 21A.14.080 - 21A.14.130 ZONING 21A.14.080 Attached dwellings and group residences - Vehicular access and parking location. A. On sites abutting an alley constructed to a width of at least 20 feet, apartment and townhouse development and all group residences except Class I Community Residential Facilities ("CRF-1") shall have parking areas placed to the rear of buildings with primary vehicular access via the alley, except when waived by the director due to physical site limitations. B. When alley access is provided, no additional driveway access from the public street shall be allowed except as necessary to access parking under the structure or for fire protection. C. When the number of uncovered common parking spaces for attached dwellings and group residences exceed 30 spaces and when there is alley access, no more than 50 percent of these uncovered parking spaces shall be permitted between the street property line and any building, except when authorized by the director due to physical site limitations. (Ord. 11978 § 8, 1995: Ord. 10870 § 368, 1993). 21A.14.090 Attached dwellings and group residences - Building facade modulation. Apartment and townhouse developments and all group residences shall provide building facade modulation on facades exceeding 60 feet and facing abutting streets or properties zoned R-1 through R- 4. The following standards shall apply: A. The maximum wall length without modulation shall be 30 feet; and B. The sum of the modulation depth and the modulation width shall be no less than eight feet. Neither the modulation depth nor the modulation width shall be less than two feet. C. Any other technique approved by the director that achieves the intent of this section. (Ord. 11978 § 9, 1995: Ord. 10870 § 369, 1993). 21A.14.110 Mixed use development - Percentages of residential uses. Residential uses in mixed use developments shall be subject to the following limits: A. A maximum of fifty percent of the total built floor area when located in NB zones; and B. A maximum of seventy-five percent of the total built floor area when located in CB, RB and 0 zones provided that the total percentage may be increased by an additional ten percent with the approval of the director. (Ord. 11978 § 11, 1995: Ord. 10870 § 371, 1993), 21A.14.120 Mixed use development- Residential density. Base residential density for mixed use developments shall be determined using total site area according to K.C.C. 21A.12.040A. (Ord. 10870 § 372, 1993), 21A.14.130 Mixed use development - Building floor area. A_ For mixed use developments that utilize at least 25 percent of building square footage for residential uses in the NB zone and at least 50 percent of building square footage in the CB, RB or 0 zones, the building floor area ratio shall be as follows: 1. 1.511 in NB zones; 2. 3.511 in CB zones; and 3. 4.011 in RB and 0 zones; B. Building floor area ratios of subsection A may be increased when all required parking is contained within a common parking structure, as follows: 1. 2.011 in NB zones; 2. 4.511 in CB zones; and 3. 5.011 in RB and 0 zones. (Ord. 11978 § 12, 1995: Ord. 10870 § 373, 1993). 21A-126 (King County 12-2006) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.135 - 21A.14.145 21A.14.135 Mixed use development -- design features. Mixed -use development permitted by K.C.C. chapter 21A.08 shall incorporate the following design features: A. Residential and nonresidential uses proposed for mixed -use development shall be only those uses permitted in the zone, as established by K.C.C. chapter 21A.08; B. If residential and nonresidential uses are proposed for the same structure, nonresidential uses shall occupy the lower levels. The director may waive this requirement under the following circumstances: 1. If the structure is located on a sloping lot that provides access from upper levels or from multiple levels. In such cases, the nonresidential use may be located on the levels that exit onto the primary pedestrian streets; or 2. If views from the upper levels are valuable amenities that would help assure success of the nonresidential uses, such as a restaurant; C. Mixed -use development shall provide off-street parking behind or to the side of buildings, or enclosed within buildings consistent with K.C.C. 21A.18.030. Relief from this requirement may be granted by the director only if the applicant can demonstrate that there is no practical site design to meet this requirement. The director may allow only the number of parking spaces that cannot be accommodated to the rear or sides of buildings, or enclosed within buildings, to be located to the front of buildings_ A twenty percent reduction of required parking is allowed if a mixed -use development meets the criteria of K.C.G. 21A.18.040 for shared parking. (Ord. 14045 § 26, 2001). 21A.14.145 Mixed use development - phasing - required plans, requirements, covenants, recordings -- review and approval. When residential and commercial uses are proposed to be contained in separate structures and the structures containing residential uses are proposed to be built prior to those containing commercial uses, then a commercial site development permit shall be required and as well as the following: A. The applicant shall submit a site plan showing the entire mixed use development. The plan shall show project features including the location of the residential and commercial structures, parking areas, landscaping planters, sidewalks, and pedestrian linkages. The plan shall be drawn to scale and provide sufficient detail to ensure all zoning and development standards are met for the entire development. B. Infrastructure plans, including storm drainage facilities, shall be sized to accommodate the needs of the entire mixed use development. The infrastructure shall be installed with the first phase of the development up to or near the commercial building(s) unless the applicant demonstrates to the department's satisfaction that there is potential for significant damage to the infrastructure during the construction of any later phase of construction. C. For the purpose of informing future property owners of limitations on future development because of the mixed use provisions of this title, the applicant shall record a covenant on the property that states the restrictions upon the remaining portions of the site that they shall only be used for commercial uses. The covenant shall be recorded prior to the issuance of the building permit for the residential structure(s). The covenant shall be subject to review and approval by the department. (Ord. 13851 § 1, 2000). 21 A-127 (King County 9-2005) 21A,14.150-21A.14.160 ZONING 21A.14.150 Mobile home parks - Standards for existing parks. A. Mobile home parks established prior to the effective date of this code shall continue to be governed by all standards relating to density, setbacks, landscaping and off-street parking in effect at the time they were approved. B. Placement of new accessory structures and replacement mobile homes, either standard or nonstandard, in these mobile home parks shall be governed by the dimensional standards in effect when the parks were approved, unless two or more replacement mobile homes are proposed to be installed adjacent to each other under the flexible setback option set forth in K_C.C_ 21A.14.170. Where internal setbacks are not specified, the average of the prevailing setbacks on the pads to either side of the proposed new or replacement structure shall apply. C. No spaces or pads in an existing mobile home park shall be used to accommodate recreational vehicles (RVs), except when the spaces or pads were specifically for RVs at the time the park was established. D. An existing mobile home park may be enlarged, provided the proposed enlargement meets the standards set forth in K.C.C. 21A.14.160 and K.C.C. 21A.14.170. E. Both insignia and non -insignia mobile homes may be installed in established parks, provided that all mobile homes supported by piers shall be fully skirted, and that nonstandard mobile homes shall meet the minimum livability and safety requirements, set forth in K.C.C. Title 16, Building Code and Construction Standards. (Ord. 10870 § 375, 1993). 21A.14.160 Mobile home parks - Standards for new parks. New mobile home parks shall be developed subject to the following standards: A. A mobile home park shall be at least three acres in area; B. Residential densities in a mobile home park shall be as follows: 1. Six dwellings per acre in R-4 zone; 2. The base density of the zone in which the park is located in all R-6 through R-48 zones; and 3. Mobile home parks shall be eligible to achieve the maximum density permitted in the zone by providing the affordable housing benefit for mobile home parks set forth in K.C.C. 21A.34; C. Both insignia and non -insignia mobile homes may be installed in mobile home parks, provided that non -insignia mobile homes shall meet the minimum livability and safety requirements set forth in K.C.C. Title 16, Building Code; D. A mobile home park shall be exempt from impervious surface limits set forth in K.C.C. 21A.12; E. At least one of the off-street parking spaces required for each mobile home shall be located on or adjacent to each mobile home pad; F. Internal roads and sidewalks shall provide access to each mobile home space and shall be constructed in accordance with the adopted King County road standards for residential minor access streets; G. There shall be a minimum of ten feet of separation maintained between all mobile homes on the site, unless the flexible setback option set forth in K.C.C. 21A.14.170 is used. Accessory structures shall be located no closer than: 1_ Ten feet to mobile homes on adjacent spaces, unless constructed of noncombustible materials, in which case the minimum setback shall be five feet; 2. Five feet to accessory structures of mobile homes on adjacent spaces; and 3. Five feet to the mobile home or other accessory structures on the same space, except a carport or garage may be attached to the mobile home, and the separation may be waived when such structures are constructed of noncombustible materials; H. All mobile homes and RVs supported by piers shall be fully skirted; and I. A mobile home park may include a storage area for RVs owned by residents of the park, provided the storage area contains no utility hook-ups and no RV within the storage area shall be used as living quarters. (Ord. 11802 § 6, 1995: Ord. 10870 § 376, 1993). 21 A-128 (King County 9-2005) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.170-21A.14.180 21A.14.170 Mobile home parks - Alternative design standards. As an alternative to the building separation and internal street standards of K.C.C. 21A.14.160: A. Building separation requirements or setbacks between mobile homes and accessory structures on adjacent spaces may be modified, provided: 1. The common walls meet the fire protection standards set forth in the Uniform Building Code and the standards set forth in the Uniform Fire Code for duplexes, multifamily and condominium developments, as applicable; and 2. Rental agreement clauses, by-laws or other legal mechanisms stipulate maintenance responsibilities for structures, fences and yards; B. Private streets may be used with a minimum driving surface of 22 feet in width, provided: 1. The streets comply in all other respects with the road standards; 2. All required parking is located off-street and as specified in K.C.C. 21A.14.160E; and 3. Such streets shall not: a. directly connect two or more points of vehicular access to the park; or b. serve over 100 dwelling units within the park. (Ord. 10870 § 377, 1993). 21A.14.180 On -site recreation - space required. A. Residential developments of more than four units in the UR and R-4 through R-48 zones, stand-alone townhouse developments in the NB zone on property designated commercial outside of center in the urban area of more than four units, and mixed -use developments of more than four units, shall provide recreation space for leisure, play and sport activities as follows: 1. Residential subdivision, townhouses and apartments developed at a density of eight units or less per acre: three hundred ninety square feet per unit,- 2- Mobile home park: two hundred sixty square feet per unit; 3. Residential subdivisions developed at a density of greater than eight units per ackre: one hundred seventy square feet per unit; and 4. Apartments and townhouses developed at a density of greater than eight units per acre and mixed use: a. Studio and one bedroom: ninety square feet per unit; b. Two bedrooms: one hundred seventy square feet per unit; and c. Three or more bedrooms: one hundred seventy square feet per unit. B. Recreation space shall be placed in a designated recreation space tract if part of a subdivision. The tract shall be dedicated to a homeowner's association or other workable organization acceptable to the director, to provide continued maintenance of the recreation space tract consistent with K.C.C. 21 A.14.200. C. Any recreation space located outdoors that is not part of a storm water tract developed in accordance with subsection F. of this section shall: 1. Be of a grade and surface suitable for recreation improvements and have a maximum grade of five percent; 2. Be on the site of the proposed development; 3. Be located in an area where the topography, soils, hydrology and other physical characteristics are of such quality as to create a flat, dry, obstacle -free space in a configuration that allows for passive and active recreation; 4. Be centrally located with good visibility of the site from roads and sidewalks; 5. Have no dimensions less than thirty feet, except trail segments; 6. Be located in one designated area, unless the director determines that residents of large subdivisions, townhouses and apartment developments would be better served by multiple areas developed with recreation or play facilities; 7. Have a street roadway or parking area frontage along ten percent or more of the recreation space perimeter, except trail segments, if the required outdoor recreation space exceeds five thousand square feet and is located in a single detached or townhouse subdivision; 8. Be accessible and convenient to all residents within the development; and 9. Be located adjacent to, and be accessible by, trail or walkway to any existing or planned municipal, county or regional park, public open space or trail system, which may be located on adjoining property. 21 A---129 (King County 12-2006) 21A.14.180 ZONING D. Indoor recreation areas may be credited towards the total recreation space requirement, if the director determines that the areas are located, designed and improved in a manner that provides recreational opportunities functionally equivalent to those recreational opportunities available outdoors. For senior citizen assisted housing, indoor recreation areas need not be functionally equivalent but may include social areas, game and craft rooms, and other multipurpose entertainment and education areas. E. Play equipment or age appropriate facilities shall be provided within dedicated recreation space areas according to the following requirements: 1. For developments of five dwelling units or more, a tot lot or children's play area, that includes age appropriate play equipment and benches, shall be provided consistent with K.C.C. 21A.14.190; 2_ For developments of five to twenty-five dwelling units, one of the following recreation facilities shall be provided in addition to the tot lot or children's play area: a. playground equipment; b_ sport court; c. sport field; d. tennis court; or e. any other recreation facility proposed by the applicant and approved by the director; 3. For developments of twenty-six to fifty dwelling units, at least two or more of the recreation facilities listed in subsection E.2, of this section shall be provided in addition to the tot lot or children's play area; and 4. For developments of more than fifty dwelling units, one or more of the recreation facilities listed in subsection E.2. of this section shall also be provided for every twenty-five dwelling units in addition to the tot lot or children's play area. If calculations result in a fraction, the fraction shall be rounded to the nearest whole number as follows: a. Fractions of 0.50 or above shall be rounded up; and b. Fractions below 0.50 shall be rounded down. F. In subdivisions, recreation areas that are contained within the on -site stormwater tracts, but are located outside of the one hundred year design water surface, may be credited for up to fifty percent of the required square footage of the on -site recreation space requirement on a foot -per -foot basis, subject to the following criteria: 1. The stormwater tract and any on -site recreation tract shall be contiguously located. At final plat recording, contiguous stormwater and recreation tracts shall be recorded as one tract and dedicated to the homeowner's association or other organization as approved by the director; 2. The drainage facility shall be constructed to meet the following conditions: a. The side slope of the drainage facility shall not exceed thirty-three percent unless slopes are existing, natural and covered with vegetation; b. A bypass system or an emergency overflow pathway shall be designed to handle flow exceeding the facility design and located so that it does not pass through active recreation areas or present a safety hazard; c. The drainage facility shall be landscaped and developed for passive recreation opportunities such as trails, picnic areas and aesthetic viewing; and d. The drainage facility shall be designed so they do not require fencing under the King County Surface Water Design Manual. G. When the tract is a joint use tract for a drainage facility and recreation space, King County is responsible for maintenance of the drainage facility only and requires a drainage easement for that purpose. H. A recreation space plan shall be submitted to the department and reviewed and approved with engineering plans. 1. The recreation space plans shall address all portions of the site that will be used to meet recreation space requirements of this section, including drainage facility. The plans shall show dimensions, finished grade, equipment, landscaping and improvements, as required by the director, to demonstrate that the requirements of the on -site recreation space in K.C.C. 21A.14.180 and play areas in K.C.C_ 21A.14.190 have been met. 2. If engineering plans indicate that the on -site drainage facility or stormwater tract must be increased in size from that shown in preliminary approvals, the recreation plans must show how the required minimum recreation space under K.C.C_ 21A.14.180.A. will be met. (Ord. 15606 § 18, 2006: 21 A-130 Ord. 15051 § 130, 2004: Ord. 14429 § 4, 2002: Ord. 14045 § 31, 2001: Ord, 12522 § 7, 1996: Ord. 11978 § 13, 1995: Ord. 11621 § 48, 1994: Ord. 10870 § 378, 1993), (King County 12-2006) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.185 - 21A.14.200 21A.14.185 Recreation space - fees in lieu of. A. The creation of on -site recreation space shall be the preferred method of providing new development with opportunities for leisure, play and sports activities. Applicants shall to the best of their ability endeavor to provide recreation space on the project site. However, if on -site recreation space is not provided in accordance with K.C.C. 21A.14,180, the applicant shall pay a fee -in -lieu of actual recreation space if approved by King County. King County acceptance of a fee -in -lieu payment is discretionary. A fee -in -lieu of on -site recreation space may be permitted if the recreation space provided within a county park in the vicinity will be of greater benefit to the prospective residents of the development. B. Fees shall be determined annually by the department of parks and recreation on the basis of the projected market value of the required recreation space land area after development. Any recreational space provided by the applicant shall be credited toward the required fees. C_ If recreation space credit is applied to stormwater facilities in accordance with K.C.C. 21A,14.180E, the development loses its option to request a fee -in -lieu and the remainder of the required recreation space and play area must be provided on site. (Ord. 14045 § 32, 2001: Ord. 11621 § 49, 1994). 21A.14.190 On -site recreation — play areas required. A. All single detached subdivisions, apartment, townhouse and mixed -use developments, of more than four units in the UR and R-4 through R-48 zones and stand-alone townhouse developments in the NB zone of more than four units on property designated commercial outside of center in the urban area, excluding age -restricted senior citizen housing, shall provide children play areas within the recreation space on -site, except if facilities are available to the public that meet all of the following: 1. Developed as a county, municipal or regional park; 2. Located within one quarter mile walking distance; and 3. Accessible without crossing any arterial street. B. Play area designs shall: 1, Provide at least forty five square feet per dwelling unit, with a minimum size of four hundred square feet; 2. Be adjacent to main pedestrian paths or near building entrances; 3_ Meet the requirements of K.C.C. 21A.14.180; and 4. Provide play equipment that meets, at a minimum, the Consumer Product Safety Standards for equipment, soft surfacing and spacing. (Ord. 14045 § 33, 2001: Ord. 13022 § 20, 1998: Ord. 10870 § 379, 1993). 21A.14.195 On -site recreation -- financial guarantees for construction. Financial guarantees for construction of recreation facilities required under K.C.C. 21A.14.180 and 21A.14.190 shall be provided consistent with K.C.C. Title 27A. (Ord. 14045 § 35, 2001). 21A.14.200 On -site recreation - maintenance of recreation space or dedication. A. Recreation space that meets the criteria in K.C.C. 21A.14.180.0 may, at the discretion of the department of parks and recreation, be dedicated as a park open to the public in lieu of providing the on - site recreation required under K_C.C_ 21A.14.180 if the following criteria are met: 1. The dedicated area is at least ten acres in size, unless when adjacent to an existing or planned county park; 2. The dedicated land provides one or more of the following: a. shoreline access; b_ regional trail linkages; c, habitat linkages; d. recreation facilities; or e. heritage sites; and 3. The dedicated area is located within one mile of the project site_ B. Unless the recreation space is dedicated to King County in accordance with subsection A of this section, maintenance of any recreation space retained in private ownership shall be the responsibility 21 A-131 of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the parks department, (Ord. 14045 § 34, 2001: Ord. 13022 § 21, 1998: Ord. 10870 § 380, 1993). (King County 9-2005) 21A,14.210 ZONING 21A.14.210 Storage space and collection points for recyclables. Developments shall provide storage space for the collection of recyclables as follows: A. The storage space shall be provided at the following rates, calculated based on any new dwelling unit in multiple -dwelling developments and any new square feet of building gross floor area in any other developments: 1. One and one-half square feet per dwelling unit in multiple -dwelling developments except where the development is participating in a county -sponsored or approved direct collection program in which individual recycling bins are used for curbside collection; 2. Two square feet per every 1,000 square feet of building gross floor area in office, educational and institutional developments; 3. Three square feet per every 1,000 square feet of building gross floor area in manufacturing and other nonresidential developments; and 4. Five square feet per every 1,000 square feet of building gross floor area in retail developments. B. The storage space for residential developments shall be apportioned and located in collection points as follows: 1. The required storage area shall be dispersed in collection points throughout the site when a residential development comprises more than one building. 2. There shall be one collection point for every 30 dwelling units. 3. Collection points may be located within residential buildings, in separate buildings/structures without dwelling units, or outdoors_ 4. Collection points located in separate buildings/structures or outdoors shall be no more than 200 feet from a common entrance of a residential building. 5. Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way. C. The storage space for nonresidential developments shall be apportioned and located in collection points as follows: 1. Storage space may be allocated to a centralized collection point. 2. Outdoor collection points shall not be located in any required setback areas. 3. Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate swing or any hauling truck does not project into any public right-of-way. 4. Access to collection points may be limited, except during regular business hours and/or specified collection hours. D. The collection points shall be designed as follows: 1. Dimensions of the collection points shall be of sufficient width and depth to enclose containers for recyclables. 2. Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site. 3. Collection points shall be identified by signs not exceeding two square feet. 4. A six-foot wall or fence shall enclose any outdoor collection point, excluding collection points located in industrial developments that are greater than 100 feet from residentially zoned property. 5. Enclosures for outdoor collection points and buildings used primarily to contain a collection point shall have gate openings at least 12 feet wide for haulers. In addition, the gate opening for any building or other roofed structure used primarily as a collection point shall have a vertical clearance of at least 12 feet. 6. Weather protection of recyclables shall be ensured by using weather-proof containers or by providing a roof over the storage area. 21 A-132 (King County 9-2005) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.210 - 21A.14220 E. Only recyclable materials generated on -site shall be collected and stored at such collection points. Except for initial sorting of recycables by users, all other processing of such materials shall be conducted off -site. F. The director may waive or modify specific storage space and collection point requirements set forth in this section if the director finds, in writing, that an alternate recycling program design proposed by the applicant meets the needs of the development and provides an equivalent or better level of storage and collection for recyclables. (Ord. 12461 § 1, 1996: Ord. 10870 § 381, 1993). 21A.14.220 Fences. Fences are permitted as follows: A. Fences exceeding a height of six feet shall comply with the applicable street and interior setbacks of the zone in which the property is located, except; 1. Fences located on a rockery, retaining wall, or berm within a required setback area are permitted subject to the following requirements; a_ In R-1 through R-18, UR, RA and the resource zones: (1) The total height of the fence and the rockery, retaining wall or berm upon which the fence is located shall not exceed a height of ten feet. This height shall be measured from the top of the fence to the ground on the low side of the rockery, retaining wall or berm; and (2) The total height of the fence itself, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed six feet. b. In the R-24, R-48 and commercial/industrial zones, the height of the fence, measured from the top of the fence to the top of the rockery, retaining wall or berm, shall not exceed six feet_ c. Any portion of the fence above a height of eight feet, measured to include both the fence and the rockery, retaining wall, or berm (as described in a1. above), shall be an open-work fence. B. Fences located on a rockery, retaining wall or berm outside required setback areas shall not exceed the building height for the zone, measured in accordance with the standards established in the King County Building Code, Title 16. RETAINING WALL WITH FENCE IN SETBACK ..- -.W4. H max. 10' in R 1 - R 18, UR, RA & Resource Zones Hz max. 6' in all Zones Hz max. 8' for wall & solid work fence in all Zones C. Electric fences shall: 1. Be permitted in all zones, provided that when placed within R-4 through R-48 zones, additional fencing or other barriers shall be constructed to prevent inadvertent contact with the electric fence from abutting property; 2. Comply with the following requirements: a. An electric fence using an interrupted flow of current at intervals of about one second on and two seconds off shall be limited to 2,000 volts at 17 milliamp; b. An electric fence using continuous current shall be limited to 1,500 volts at seven milliamp; 21 A-133 c. All electric fences in the R-4 through R-48 zones shall be posted with permanent signs a minimum of 36 square inches in area at 50 foot intervals stating that the fence is electrified; and d. Electric fences sold as a complete and assembled unit can be installed by an owner if the controlling elements of the installation are certified by an A.N.S.I. approved testing agency; and (King County 9-2005) 21A.14.220 - 21A.14.250 ZONING D. Except as specifically required for the necessary security related to a nonresidential use, no barbed or razor -wire fence shall be located in any R-4 through R-48 zone. (Ord. 12987 § 5, 1998: Ord. 11621 § 50, 1994: 10870 § 382, 1993). 21A.14.225 Hazardous liquid and gas transmission pipelines. A. Tracts and easements containing hazardous liquid and gas transmission pipelines and required setbacks from such pipelines may include the following uses, subject to other regulations applicable to each use and approval of the holder of the easement: utility structures not normally occupied necessary for the operation of the pipeline, landscaping, trails, open space, keeping of animals, agriculture, forestry, commercial signage, minor communication facilities and the utility structures not normally occupied necessary for the operation of the minor communication facility, and other compatible uses as specified on the face of the recorded plat or short plat; provided that structures designed for human occupancy shall never be allowed within pipeline tracts, easements or setbacks. B. Hazardous liquid and gas transmission pipelines shall not be located in aquifer recharge areas, landslide hazard areas or erosion hazard areas. When it is impractical to avoid such areas, special engineering precautions should be taken to protect public health, safety and welfare. (Ord. 14045 § 30, 2001). 21A.14.230 Trait corridors - Applicability. Trail easements shall be provided by any development, except for single detached residential permits, when such developments are located within any community or regional trail corridor identified by an adopted King County Functional Plan or Community Plan identifying community and/or regional trail systems_ The residents or tenants of the development shall be provided access to the trail easement. The area of the trail easement shall be counted as part of the site for purposes of density and floor area calculations. (Ord. 10870 § 383, 1993). 21A.14.240 Trail corridors - Design standards. Trail design shall be reviewed by the department of development and environmental services for consistency with adopted standards for. A. Width of the trail corridor; B. Location of the trail corridor on the site; C. Surfacing improvements; and D_ Use(s) permitted within the corridor. (Ord. 11621 § 51, 1994: Ord. 10870 § 384, 1993). 21A.14.250 Trail corridors - Maintenance of trail corridors/improvements. Maintenance of any trail corridor or improvements, retained in private ownership, shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the parks division. (Ord. 10870 § 385, 1993). 21A-134 (King County 9-2005) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A,14,280 21A.14.280 Rural industry development standards. A. The purpose of the rural industries section is to establish standards for industrial (1) zoned development in rural areas. Site and building designs, buffering, compatible commercial and industrial uses are required to maintain rural character. B. The following development standards shall apply to uses locating in the industrial (1) zone within the rural area; 1. All uses occurring outside an enclosed building shall be screened from adjoining rural residential uses; 2. All buildings shall be set back 50-foot from perimeter streets and from residential zoned areas; 3. The total permitted floor areallot area ratio shall not exceed 100 percent for a development consisting of multiple lots and 125 percent on any individual building lot; 4. The total permitted impervious lot coverage shall not exceed 70 percent for a development consisting of multiple lots and 80 percent on any individual building lot; 5. The landscaping standards set forth in K.C.C. 21A.16 are modified as follows: a. 20-foot wide Type II landscaping shall be provided along exterior streets, b. 20-foot wide Type I landscaping shall be provided along property lines adjacent to rural residential zoned areas; and c. 15-foot wide Type II landscaping shall be provided along lines adjacent to nonresidential zoned areas. 6. Outdoor lighting shall be focused downward and configured to minimize intrusion of light into surrounding rural residential areas; 7. Refuse collection/recycling areas and loading or delivery areas shall be located at least 100 feet from residential areas and screened with a solid view obscuring barrier; 8. Off street parking standards shall be no less than one space for every 1000 square feet of floor area and no greater than one space for every 500 square feet of floor area; 9. Sign are allowed as follows: a. Signs shall not exceed an area of 64 square feet per sign; b. Pale signs shall not be permitted; and c. Signs shall not be internally illuminated; 10. The director shall approve building design, materials and color. Buildings shall be designed and use accent materials (e.g. wood and brick), non -reflective glass, and muted colors to be compatible with rural character; and 11, Building height shall be limited to 40 feet. (Ord. 11621 § 99, 1994). 21 A-135 (King County 9-2005) 21A.14.300 - 21A.14.350 ZONING 21A.14.300 Short subdivisions or short subdivision alterations — adequacy of access — right of way use permits. A. Each lot within the short subdivision or short subdivision alteration shall have acceptable access to a street conforming to county road standards or to a lower level of improvement acceptable to the road engineer. Individual lots may be served by access panhandles established either by fee ownership or easement, subject to approval of the division_ In order to assure safe and adequate access, the manager: 1. May approve private streets, provided the private street requirements contained in Section 2.05, Private Streets, of the county road standards as adopted in K_C_C_ chapter 14.42 are met; 2. May limit direct access to certain streets and require on -site public or private streets in lieu of individual driveways or access panhandles, in accordance with the county road standards; 3. Shall require off -site improvements to public or private streets needed to provide access from the short subdivision to a road acceptable to the road engineer; and 4. Shall assure that the number of lots to be served by the road system complies with the road standards. B_ Short subdivisions involving construction within county right-of-way shall obtain a right-of-way use permit pursuant to K.C.C. chapter 14.28. (Ord. 13694 § 87, 1999). Defnitions, Ordinance 13694: See K.C.C. chapter IRA 04. 21A.14.310 Proposed formal subdivisions, short subdivisions or binding site plans — railroad buffer strips. Where railroads abut proposed formal subdivisions, short subdivisions or binding site plans, measures to provide a physical separation between the two uses shall be required. These measures may include the use: grade separations, setbacks or barriers such as wails and fences. (Ord. 13694 § 88, 1999). Definitions, Ordinance 13694: See K.C.C. chapter 19A.04. 21A.14.320 Preliminary subdivision and short subdivision approval — maintenance of private streets, easements and utilities required. As a condition of preliminary subdivision and short subdivision approval, all private streets, easements, community utilities and properties shall be maintained by the owners of the property served by them and kept in good repair at all times. In order to insure continued good repair, it must be demonstrated to the department prior to plat recording that: A. There is a workable organization to guarantee maintenance with a committee or group to administer the organizational functions; and B. There is a means for assessing maintenance costs equitably to property owners served by the private streets, easements, community utilities and properties. (Ord. 13694 § 89, 1999). Definitions, Ordinance 13694: See K.C.C. chapter 19A.04. 21A.14.330 Preliminary subdivision and short subdivision approval — covenants relating to keeping livestock in the RA zone. In the RA zone, all subdivisions and short subdivisions shall be recorded with a condition prohibiting any covenant that would preclude the keeping of horses or other large livestock. (Ord. 14045 § 43, 2001), 21A.14.350 Rural equestrian community trail preservation — purpose. The purposes of the rural equestrian community trail protection and improvement requirements set forth in this chapter are to promote the preservation of equestrian communities in King County as a valuable element of rural character and lifestyle. King County intends to accomplish these purposes in a flexible manner that provides incentives to and minimizes costs to private property owners, provides protection from liability for property owners with trails on their property, and does not reduce permitted residential densities in subdivisions and short subdivisions. (Ord. 14045 § 36, 2001). 21A-136 (King County 9-2005) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.360-21A,14.370 21A.14.360 Rural equestrian community trails — general applicability. A_ The county may accept the voluntary grant of an easement for a rural equestrian community trails [trail] consistent with K.C.C. 21A.14.350 through 21A.14.390 from any development when such development contains any existing historically established rural equestrian community trail, and when located in the RA, A or F zones and within an equestrian community designated by the King County Comprehensive Plan. The residents or tenants of the development shall be provided access to any such trail provided hereunder for use consistent with the function of the trail. The area of any such trail provided hereunder shall be counted as part of the site for purposes of density and floor area calculations. The application of this section shall not reduce the allowed density within a residential subdivision or short subdivision. The county may also accept the voluntary grant of an easement for a rural equestrian community trail consistent with K.C.C. 21A.14.350 through 21A.14.390 when there is no development proposed for the property. B The rural equestrian community trails provisions apply to any property located in the RA, A or F zones and within an equestrian community designated by the King County Comprehensive Plan. 4. Development proposals for governmentfbusiness service uses denoted in the permitted use table in K.C_C. 21A.0$.060. (Ord. 14259 § 9, 2001: Ord. 14045 § 37, 2001). 21A.14.365 Rural equestrian community trails - notification. A. The department shall notify every applicant for a plat, short plat, boundary line adjustment, clearing and grading permit, conditional use permit, building permit for new construction or additions to existing structures, or zone reclassification in the RA, A or F zones and within an equestrian community designated by the King County Comprehensive Plan on the opportunity to voluntarily grant an easement for a rural equestrian community trail in accordance with Ordinance 14259. B. The department shall notify the department of natural resources and parks of every application for a plat, short plat, boundary line adjustment, clearing and grading permit, conditional use permit, building permit for new construction or additions to existing structures, or zone reclassification in the RA, A or F zones and within an equestrian community designated by the King County Comprehensive Plan_ (Ord. 14259 § 10, 2001). 21A.14.370 Rural equestrian community trails — authority. The county shall accept a voluntary grant of easement for the preservation or relocation of a rural equestrian community trail in the RA, A or F zone within the Equestrian Community area designated in the King County Comprehensive Plan whenever: A. The department makes a determination in writing that: 1. The equestrian community trail is listed or mapped on an inventory of equestrian community trails maintained by the King County parks and recreation department. The department shall field verify the presence of a trail where an inventory indicates the general location of a trail that has not yet been field verified: 2. The equestrian community trail connects to a state, county or other trail open to the public; 3. The equestrian community trail, following a site inspection by the department of natural resources and parks, is reasonably fit for use as a rural equestrian community trail; 4. If the equestrian community trail traverses or impacts an environmentally sensitive area, it can be modified to meet code requirements for trails in sensitive areas; and 5. Permanent protection or relocation of an equestrian community trail can be accomplished without interference with allowed uses and development of the subject property, and the site can be developed without interference with the trail and allows for future owners of the property to access historically existing or public trails in the vicinity of the site_ B. If the trail is proposed to be granted as part of a mitigation package for a development proposal, the department of development and environmental services determines and reports to the department of natural resources that permanent protection or relocation of an equestrian community trail can be accomplished without interference with the proposed use and development of the subject property, and the 21 A---137 site can be developed without interference with the trail and in a manner that allows future owners of the property to access historically existing or public trails in the vicinity that are linked to the subject site. The department of development and environmental services shall report its findings in writing. (14259 § 11, 2001: Ord. 14045 § 38, 2001). (King County 9-2005) 21A.14.380 ZONING 21A.14.380 Rural equestrian community trails -- location and design standards. The following design standards apply to rural equestrian community trails provided pursuant to this chapter located within the RA, A or F zones and within the equestrian community designated by the icing County Comprehensive Plan, A. An on -site rural equestrian community trail should be retained at its existing location unless that location impairs the use of the property as intended by the applicant. A rural equestrian trail retained in the existing location shall not require any upgrades or improvements, except for maintenance required by this section. The trail may be relocated to a location within the street right-of-way or to another corridor separate from a street right-of-way, provided that whatever altemative is used preserves the same connections as the original trail to an existing public park or trail in the vicinity of the subject property. The preferred place for a relocated trail is out of the right-of-way or separated from the paved surface and road shoulder by a berm, ditch or other separation. Trails may only be relocated to a street right-of-way when meeting the standards in subsection E of this section. A tax credit pursuant to the Public Benefit Rating System may only be given for trails relocated off the road right-of-way. The trail location shall be preserved by appropriate easements or dedications. B. Corridors for trails located outside a street right-of-way shall be ten feet wide, or six feet wide if the trail will be located along a property line and additional corridor space can reasonably be expected to be preserved on the abutting property and the corridor is not encumbered by any structures adjacent to the corridor. C. If permitted by K_C.C, chapter 21A.24, an existing or relocated rural equestrian community trail may be located in a designated sensitive area buffer. D. Rural equestrian community trails that are not located within street rights -of -way, should be natural, visually and functionally unobtrusive, and as low -impact as possible. E. Relocated or new rural equestrian community trails within public or private road rights -of -way shall be designed consistent with adopted King County Road Standards (KCRS, Section 3.11), as supplemented by the following standards: 1. The trail shall be located to provide access to a local equestrian travel corridor through the project site and adjacent properties, as determined by the King County department of transportation in cooperation with the local equestrian community. 2. The preferred design is a trail separated from the paved roadway by a berm, ditch, tree cover or other natural obstacle; the center of the trail tread shall be at least eight feet of horizontal distance from the paved roadway edge. 3. When a separated trail cannot be provided, a soft -surfaced ninety-six inch -wide roadway shoulder path shall be installed on all roads other than local access streets, where a forty-eight inches shoulder path shall be sufficient. 4. All trails shall have an all-weather tread of thirty-six to forty-eight inches. 5. The roadway shall include appropriate surface treatment to reduce slippage at roadway/trail crossings. B. Appropriate signs shall be provided to indicate the location of street crossings for trails, with emphasis on arterials and subcollector street. F. Relocated or new rural equestrian community trails not located in a right-of-way shall be designed to the King County Road Standards, KCRS, Section 3,11.A.2. (Ord. 14259 § 12, 2001 Ord. 14045 § 39, 2001). 21A-138 (King County 9-2005) DEVELOPMENT STANDARDS - DESIGN REQUIREMENTS 21A.14.390 - 21A.14.410 21A.14.390 Rural equestrian community trails -maintenance and operation. A. Once a trail easement has been granted to the county as provided by this chapter, it shall remain free from structural obstructions or other permanent or temporary obstacles. A rural equestrian community trails [trail] shall be open to the public for recreational use by equestrians and pedestrians. Equestrian and pedestrian use does not include use by motor vehicles, bicycles, roller skates, skateboards or other mechanized modes of transportation. However, the department of natural resources and parks may authorize use by motor vehicles in limited circumstances, such as for maintenance, emergencies or trail crossings. B. The trail easement shall set forth the responsibility for trail maintenance. Trails within dedicated street rights -of -way shall be maintained by the department of transportation or its successor agency. Trails within easements granted to King County shall be maintained by the department of natural resources and parks. The county may contract with a local user group or parks district for maintenance of the trail. C. Trails established under this section are subject to the rules and enforcement measures for use of facilities for King County parks in K.C,C. chapter 7.12. D. An easement governing the use and operation of a rural equestrian community trail being granted under Ordinance 14259 shall be granted by the property owner to the county_ In preparing the easement, the department of natural resources and parks is authorized to negotiate the terms of the easement on matters such as the allowed use of the easement, whether the easement includes indemnification requirements, the maintenance of the easement, the relocation of the easement, and whether the easement is permanent or for a term of years, depending on the value of the property as a rural equestrian community trail. The easement shall be consistent with Ordinance 14259. (Orel. 14259 § 13, 2001: Ord. 14045 § 40, 2001). 21A.14.410 Rural equestrian community trails - annual report. The executive shall report to the council annually by July 31 on the implementation of the rural equestrian community trail incentives and regulations adopted by Ordinance 14259. The report shall include the following: A. Miles of community trail and acreage accepted in the equestrian -pedestrian trail linkage category of the public benefit rating system program; B. Status of field verification and mapping of community trails; C. Regulatory issues and proposed amendments; D. Implementation issues; E. Response from equestrian user groups/landowners and citizens; F. Status of agreements with other jurisdictions or private individuals/groups concerning operations and maintenance; G. Map of verified trails and non -verified trails; H. Costs associated with trail maintenance and improvements; and I. Other relevant information pertaining to the incentive and regulatory program. (Ord. 14259 § 14, 2001). 21 A-139 BLANK 21A-140 (King County 9-2005) DEVELOPMENT STANDARDS - LANDSCAPING AND WATER USE Chapter 21A.16 DEVELOPMENT STANDARDS - LANDSCAPING AND WATER USE Sections: 21A.16.010 Purpose. 21A.16.020 Application. 21A.16.030 Land use grouping. 21A.16.040 Landscaping - Screen types and description. 21A.16.050 Landscaping - street frontages. 21A.16.060 Landscaping - interior lot lines. 21A.16.070 Landscaping - surface parking areas. 21A.16.080 Landscaping - Adjacent to freeway rights -of -way. 21A.16.085 Landscaping - General standards for all landscape areas. 21A.16.090 Landscaping - Additional standards for required landscape areas. 21A.16.100 Landscaping - Alternative options. 21A.16.115 Landscaping - Plan design, design review, and installation. 21A.16.180 Maintenance. 21A.16.190 Financial guarantees. 21A.16.300 Water use - Applicability of water budget for landscape areas. 21A.16.310 Water use - Irrigation water budget calculated. 21A.16.320 Water use - Estimated water use calculated. 21A.16.330 Water use - Irrigation efficiency goals and system design standards. 21A.16.340 Water use - Irrigation system design, design review and audit at installation. 21A.16,350 Water use - Irrigation design plan contents. 21A.16.360 Water use - Irrigation schedules. 21A.16.370 Water use - Irrigation system maintenance. 21 A--141 21A.16 BLANK 21 A-142 (King County 9-2095) DEVELOPMENT STANDARDS - LANDSCAPING AND WATER USE 21A.16.010 - 21A.16.030 21A.16.010 Purpose. The purpose of this chapter is to preserve the aesthetic character of communities; to improve the aesthetic quality of the built environment; to promote retention and protection of existing vegetation; to promote water efficiency; to promote native wildlife; to reduce the impacts of development on drainage systems and natural habitats; and to increase privacy for residential zones by_ A. Providing visual relief from large expanses of parking areas and reduction of perceived building scale; B_ Providing physical separation between residential and non-residential areas; C. Providing visual screens and barriers as a transition between differing land uses; D. Retaining existing vegetation and significant trees by incorporating them into the site design; E. Providing increased areas of permeable surfaces to allow for: 1. Infiltration of surface water into groundwater resources; 2. Reduction in the quantity of storm water discharge; and 3. Improvement in the quality of storm water discharge; F. Encouraging the use of native plant species by their retention or use in the landscape design; G_ Requiring water use efficiency through water budgeting and efficient irrigation design standards; H. Encouraging the use of a diversity of plant species which promote native wildlife habitat. (Ord. 11210 § 1, 1994: Ord. 10870 § 386, 1993), 21A.16.020 Application. Except for communication facilities regulated pursuant to K.C.C. 21A.26, all new development listed in K.C.C. 21A.16.030 shall be subject to the landscaping provisions of this chapter, provided that specific landscaping and tree retention provisions for uses established through a conditional use permit, a special use permit, or an urban planned development application shall be determined during the applicable review process. (Ord. 11210 § 2, 1994: Ord. 10870 § 387, 1993). 21A.16.030 Land use grouping. To facilitate the application of this chapter, the land uses of K.C.C. chapter 21A.08 have been grouped in the following manner. A. Residential development refers to those uses listed in K.G.C. 21A.08.030, except those uses listed under Accessory uses, and: 1. Attached/group residences refers to: a. townhouses, except as provided in subsection A.2.a. of this section,- b. apartments and detached dwelling units developed on common property at a density of twelve or more units per acre; c. senior citizen assisted housing; d. temporary lodging; e. group residences other than Type I community residential facilities; f. mobile home parks; and 2. Single-family development refers to: a. residential subdivisions and short subdivisions, including attached and detached dwelling units on individually platted or short platted lots; b. any detached dwelling units located on a lot including cottage housing units; and c_ Type I community residential facilities; B. Commercial development refers to those uses in: 1. K.C.C. 21A.08.040 as amusement/entertainment uses, except golf facilities; 2. K_C_C_ 21A_08.050 except recycling centers, health and educational services, daycare I, churches, synagogues and temples, and miscellaneous repair as allowed in the A and RA zones; and 3. KC-C. 21A.08.070, except forest product sales and agricultural product sales as allowed in the A, F and RA zones and building, hardware and garden materials as allowed in the A zones; C. Industrial development refers to those uses listed in: 21A---143 1. K.C.C. 21A.08.050 as recycling center; 2. K.C.C. 21A.08.060, except government services and farm product warehousing, refrigeration and storage as allowed in the A zones; 3. K.C.C. 21A.08.080, except food and kindred products as allowed in the A and F zones; and 4. K.C.C. 21A.08.090 as mineral extraction and processing; (King County 9-2005) 21A.16.030 - 21A.16.040 ZONING D. Institutional development refers to those uses listed in: 1. K.C.C. 21A.08.040 as cultural uses, except arboretums; 2. K.C.C. 21A.08.050 as churches, synagogues and temples, health services and education services except specialized instruction schools permitted as an accessory use; and 3. K.C.C. 21A.08.060 as government services; E. Utility development refers to those uses listed in K.C.C. 21A.08.060 as utility facilities; and F. Uses in K.C.C. chapter 21A.08 that are not listed in subsections A. through E. of this section shall not be subject to landscaping and tree retention requirements except as specified in any applicable review of a conditional use or special use permits. (15032 § 21, 2004: Ord. 14045 § 44, 2001: Ord. 11621 § 54, 1994: 11354 § 1, 1994: Ord. 11210 § 3, 1994: Ord. 10870 § 388, 1993). 21A.16.040 Landscaping - Screen types and description. The three types of landscaping screens are described and applied as follows: A. Type I landscaping screen: 1. Type I landscaping is a "full screen" that functions as a visual barrier. This landscaping is typically found adjacent to freeways and between residential and non-residential areas. 2. Type I landscaping shall minimally consist of: a. A mix of primarily evergreen trees and shrubs generally interspersed throughout the landscape strip and spaced to form a continuous screen; b. Between 70 and 90 percent evergreen trees; c. Trees provided at the rate of one per 10 linear feet of landscape strip and spaced no more than 30 feet apart on center; d. Evergreen shrubs provided at the rate of one per linear four feet of landscape strip and spaced no more than 8 feet apart on center; and e. Ground cover pursuant to K.C.C. 21A.16.090; B. Type II landscaping screen: 1. Type II landscaping is a "filtered screen" that functions as a visual separator. This landscaping is typically found between commercial and industrial uses; between differing types of residential development; and to screen industrial uses from the street; 2. Type II landscaping shall minimally consist of: a. A mix of evergreen and deciduous trees and shrubs generally interspersed throughout the landscape strip spaced to create a filtered screen; b. At least 50 percent deciduous trees and at least 30 percent evergreen trees; c. Trees provided at the rate of one per 20 linear feet of landscape strip and spaced no more than 30 feet apart on center; d. Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight feet apart on center, and e. Ground cover pursuant to K.C.G. 21A,16.090; C. Type III landscaping screen: 1. Type III landscaping is a "see -through screen" that functions as a partial visual separator to soften the appearance of parking areas and building elevations. This landscaping is typically found along street frontage or between apartment developments; 2. Type III landscaping shall minimally consist of: a. A mix of evergreen and deciduous trees generally interspersed throughout the landscape strip and spaced to create a continuous canopy; b. At least 70 percent deciduous trees; 21A-144 c. Trees provided at the rate of one per linear 25 feet of landscape strip and spaced no more than 30 feet apart on center; d. Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than 8 feet apart on center; and e. Ground cover pursuant to K.C.C. 21A.16.090. (Ord, 11621 § 55, 1994: Ord. 11210 § 4, 1994: Ord. 10870 § 389, 1993). (King County 9-2005) DEVELOPMENT STANDARDS - LANDSCAPING AND WATER USE 21A.16.050 - 21 A.1 &070 21A.16.050 Landscaping -street frontages. The average width of perimeter landscaping along street frontages shall be provided as follows: A. Twenty feet of Type 11 landscaping shall be provided for an institutional use, excluding playgrounds and playfields; B. Ten feet of Type 11 landscaping shall be provided for an industrial development; C. Ten feet of Type II landscaping shall be provided for an above -ground utility facilities development, excluding distribution and transmission corridors, located outside a public right-of-way; D. Ten feet of Type III landscaping shall be provided for a commercial or attached/group residence development; and E. For single family subdivisions and short subdivisions: 1. Trees shall be planted at the rate of one tree for every forty feet of frontage along all public streets; 2. The trees shall be: a. Located within the street right-of-way if permitted by the custodial state or local agency; b. No more than twenty feet from the street right-of-way line if located within a lot; c. Maintained by the adjacent landowner unless part of a county maintenance program; and d. A species approved by the county if located within the street right -of way and compatible with overhead utility lines. 3. The trees may be spaced at irregular intervals to accommodate sight distance requirements for driveways and intersections. (Ord. 14045 § 45, 2001: Ord. 11621 § 56, 1994: Ord_ 11210 § 5, 1994: Ord. 10870 § 390, 1993). 21A.16.060 Landscaping - Interior lot lines. The average width of perimeter landscaping along interior lot lines shall be provided as follows: A. Twenty feet of Type I landscaping shall be included in a commercial or industrial development along any portion adjacent to a residential development; B_ Five feet of Type 11 landscaping shall be included in an attached/group residence development, except that along portions of the development adjacent to property developed with single detached residences or vacant property that is zoned RA, UR or R(1-8), the requirement shall be ten feet of Type li landscaping; C. Ten feet of Type 11 landscaping shall be included in an industrial development along any portion adjacent to a commercial or institutional development; and D. Ten feet of Type II landscaping shall be included in an institutional use, excluding "[of playgrounds and playfields, or an above -ground utility facility development, excluding) distribution or transmission corridors, when located outside a public right-of-way. (Ord. 11939 § 1, 1995: Ord. 11210 § 6, 1994: Ord. 10870 § 391, 1993). 21A.16.070 Landscaping - surface parking areas. Parking area landscaping shall be provided within surface parking areas with ten or more parking stalls for the purpose of improving air quality, reducing surface water runoff, providing shade and diminishing the visual impacts of large paved areas as follows: A. Residential developments with common parking areas shall provide planting areas at the rate of twenty square feet per parking stall; B. Commercial, industrial or institutional developments shall provide landscaping at a rate of: 1. Twenty square feet per parking stall if ten to thirty parking stalls are provided; and 2. Twenty-five square feet per parking stall if thirty-one or more parking stalls are provided; C. Trees shall be provided and distributed throughout the parking area at a rate of: 21 A-145 IrEditors Note; Language not designated by underlining in Ordinance 11939.] -2005) 21A.16.070 - 21A.16.085 (King Count ZONING 1. One tree for every three parking stalls for a commercial or industrial development; and 2. One tree for every five parking stalls for residential or institutional development; D. The maximum distance between any parking stall and landscaping shall be no more than one hundred feet; E. Permanent curbs or structural barriers shall be provided to protect the plantings from vehicle overhang; F_ Landscaping around the perimeter of a site that is in addition to the perimeter landscaping required by K.C.C. 21A.16,050 may count toward ten percent of the required surface parking area landscaping if it is adjacent to the parking area; and G. Parking area landscaping shall consist of: 1. Canopy -type deciduous trees, evergreen trees, evergreen shrubs and ground covers planted in islands or strips; 2. Shrubs that do not exceed a maintained height of forty-two inches; 3. Plantings contained in planting islands or strips having an area of at least one hundred square feet and with a narrow dimension of no less than five feet; 4. Ground cover in accordance with K.C.C. 21A.16.090; and 5. At least seventy percent of trees are deciduous. (Ord. 14045 § 46, 2001: Ord. 11210 § 7, 1994: Ord. 10870 § 392, 1993). 21A.16.080 Landscaping -Adjacent to freeway rights -of -way. A_ All residential developments shall provide a minimum average width of 20 feet of Type landscaping adjacent to freeway rights -of -way. B. All other developments shall provide a minimum average width of 20 feet of Type III landscaping adjacent to freeway rights -of -way. (Ord. 11210 § 8, 1994: Ord. 10870 § 393, 1993), 21A.16.085 Landscaping - General standards for all landscape areas. All new landscape areas proposed for a development shall be subject to the following provisions: A. Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1). B. All new tun` areas, except all-weather, sand -based athletic fields shall: 1. Be augmented with a two-inch layer of organic material cultivated a minimum of six inches deep, or 2. Have an organic content of five percent or more to a depth of six inches as shown in a soil sample analysis_ The soil analysis shall include; a. Determination of soil texture, indicating percentage of organic matter, b_ An approximated soil infiltration rate (either measured or derived from soil/texture finfiltration rate tables). A range of infiltration rates shall be noted where appropriate, and c. Measure Ph value. C. Except as specifically outlined for turf areas in subsection B, the organic content of soils in any landscape area shall be as necessary to provide adequate nutrient and moisture -retention levels for the establishment of plantings. D. Landscape areas, except turf or areas of established groundcover, shall be covered with at least two inches of mulch to minimize evaporation. E. Plants having similar water use characteristics shall be grouped together in distinct hydrozones. F. Plant selection shall consider adaptability to climatic, geologic, and topographical conditions of the site_ Preservation of existing vegetation is encouraged. (Ord. 11210 § 9, 1994). 21 A---146 (King County 9-2005) DEVELOPMENT STANDARDS - LANDSCAPING AND WATER USE 21A.16.090 - 21A.16.100 21A.16.090 Landscaping - Additional standards for required landscape areas. In addition to the general standards of K.C.C. 21A.16.085, landscape areas required pursuant to K.C.C. 21A.16.050 through .080 shall conform to the following standards: A. All plants shall conform to American Association of Nurserymen (AAN) grades and standards as published in the "American Standard for Nursery Stock" manual, provided that existing healthy vegetation used to augment new plantings shall not be required to meet the standards of this manual; B. Single -stemmed trees required pursuant to this chapter shall at the time of planting conform to the following standards: 1. In parking area landscaping and in street rights -of -way: a. Deciduous trees shall have a minimum caliper of 1.75 inches and a height of 10 feet, and b. Coniferous and broadleaf evergreens shall be at least five feet in height; 2. In all other required landscape areas: a. Deciduous trees shall have a minimum caliper of 1.5 inches and a height of ten feet, and b. Coniferous and broadleaf evergreen trees shall be at least five feet in height. C. Multiple -stemmed trees shall be permitted as an option to single -stemmed trees provided that such multiple -stemmed trees are: 1. At least six feet in height, and 2. Not allowed within street rights -of -way; D. When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more rows; E. Shrubs shall be: 1_ At least an AAN container class #2 size at time of planting in Type 11, III and parking area landscaping, 2. At least 24 inches in height at the time of planting for Type I landscaping, and 3. Maintained at a height not exceeding 42 inches when located in Type III or parking area landscaping; F. Ground covers shall be planted and spaced to result in total coverage of the majority of the required landscape area within three years. G. All fences shall be placed on the inward side of any required perimeter landscaping along the street frontage. H. Required street landscaping may be placed within King County street rights -of -way subject to the County Road Design Standards, provided adequate space is maintained along the street line to replant the required landscaping should subsequent street improvements require the removal of landscaping within the rights -of -way; I. Required street landscaping may be placed within Washington State rights -of -way subject to permission of the Washington State Department of Transportation. J. New landscape material provided within areas of undisturbed vegetation or within the protected area of significant trees shall give preference to utilizing indigenous plant species. (Ord_ 11621 § 57, 1994: 11210 § 10, 1994: Ord. 10870 § 394, 1993). 21A.16.100 Landscaping -Alternative options. The following alternative landscape options may be allowed, subject to county approval, only if they accomplish equal or better levels of screening, or when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures or utilities would render application of this chapter ineffective or result in scenic view obstruction: A. The amount of required landscape area may be reduced to ensure that the total area for required landscaping, and/or the area remaining undisturbed for the purpose of wildlife habitat or corridors 21 A-147 does not exceed 15 percent of the net developable area of the site. For the purpose of this subsection, the net developable area of the site shall not include areas deemed unbuildable due to their location within sensitive areas and any associated buffers. B. The average width of the perimeter landscape strip may be reduced up to 25 percent along any portion where: 1, Berms at least three feet in height or architectural barriers at least six feet in height are incorporated into the landscape design; or 2. The landscape materials are incorporated elsewhere on -site; (King County 9-2005) 21A.16.100 - 21A.16.115 ZONING C. In pedestrian district overlays, street perimeter landscaping may be waived provided a site plan, consistent with the applicable adopted area zoning document, is approved that provides street trees and other pedestrian -related amenities- D. Landscaping standards for uses located in a rural town or rural business centers designated by the comprehensive plan may be waived or modified by the director if deemed necessary to maintain the historic character of the area. Where a local or subarea plan with design guidelines has been adopted, the director shall base the landscaping modifications on the policies and guidelines of such plan. . E. When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site- F. Single -stemmed deciduous tree species that cannot generally be planted and established in larger sizes may have a caliper of less than 1.5 inches; and G. The number of trees and shrubs to be provided in required perimeter and parking area landscaping may be reduced up to 25 percent when a development uses landscaping materials consisting of species typically associated with the Puget Sound Basin in the following proportions: 1. Seventy-five percent of groundcover and shrubs, and 2. Fifty percent of trees. H. The department shall, pursuant to K.C.C. 2,98, develop and maintain an advisory listing of trees recommended for new plantings. Such list shall describe their general characteristics and suitability, and provide guidelines for their inclusion within required landscape areas. (Ord. 11621 § 58, 1994: Ord. 11255 § 3, 1994: Ord. 11210 § 11, 1994: Ord. 10870 § 395, 1993). 21A.16.115 Landscaping - Plan design, design review, and installation. A. The landscape plan submitted to the department shall be drawn on the same base map as the development plans and shall identify the following: 1. Total landscape area and separate hydrozones, 2. Landscape materials botanical/common name and applicable size, 3. Property lines, 4. Impervious surfaces, 5. Natural or man-made water features or bodies, 6. Existing or proposed structures, fences, and retaining walls, 7. Natural features or vegetation left in natural state, and 8. Designated recreational open space areas. B. The proposed landscape plan shall be certified by a Washington State registered landscape architect, Washington State certified nurseryman, or Washington State certified landscaper. C. An affidavit signed by an individual specified in subsection B, certifying that the landscaping has been installed consistent with the approved landscaping plan, shall be submitted to the department within 30 days of installation completion, unless the installed landscaping has been inspected and accepted by the department. D. The required landscaping shall be installed no later than three months after issuance of a certificate of occupancy for the project or project phase. However, the time limit for compliance may be extended to allow installation of such required landscaping during the next appropriate planting season. A financial guarantee shall be required prior to issuance of the certificate of occupancy, if landscaping is not installed and inspected prior to occupancy. (Ord. 11939 § 2, 1995: Ord. 11210 § 12, 1994). 21A-148 (King County 9-2005) DEVELOPMENT STANDARDS - LANDSCAPING AND WATER USE 21A.16.180 - 21A.16.310 21A.16.180 Maintenance. A. All landscaping shall be maintained for the life of the project. B. All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure; C. With the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat; other dead, diseased, damaged or stolen plantings shall be replaced within three months or during the next planting season it the loss does not occur in a planting season; and D. Landscape areas shall be kept free of trash. (Ord. 11255 § 2, 1994: Ord. 10870 § 403, 1993). 21A.16.190 Financial guarantees. Financial guarantees shall be required consistent with the provisions of Title 27A. This time period may be extended to one year by the director, if necessary to cover a planting and growing season. (Ord. 12020 § 52, 1995: Ord. 11210 § 13, 1994: Ord. 1 D870 § 404, 1993). 21A.16.300 Water use - Applicability of water budget for landscape areas. Irrigation systems of any type are optional components of a landscape area. However, a water budget for irrigation purposes shall be established for all new development, except for: A. Individually platted single dwelling (attached or detached) residential lots, provided that developer -installed landscaping in common areas of residential projects is not exempt; and B. Any project with a total landscaped area less than 500 square feet. (Ord. 11250 § 14, 1994), below) 21A.16.310 Water use - Irrigation water budget calculated. A. The water budget (WB) allocation shall be calculated using the following formula; WB = (ETo) x (AF) x (LA) x (CF) Eto: Referenced Evapotranspiration Rate (net seasonal irrigation requirement in inches - see table AF; Adjustment factor value of 0.8 (i,e., 0.5 x (Eto)10.625 irrigation efficiency coefficient) LA: Landscape area (square feet) CF: Conversion factor value of 0.62 (Eto inches to gallons per square foot) Reference Eta Table - Historical Data` Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Season Total Monthly Net Irrig. .00 .00 .00 .00 1.59 3.13 4.46 3,51 1.77 .03 .00 .00 14.49 Requirement (Inches) These figures are based on a 30-year average of National Weather Service Data and represent the amount of additional irrigation required for turf grass. The figures are adjusted for turf typically used in commercial landscaping. B. The county shall within three years of the implementation of this chapter, submit an evaluation of the WB calculation formula outlined in subsection A. The evaluation shall include a recommendation to retain or modify the adjustment factor or components thereof, and shall be made in consultation with groups including landscape professionals and water purveyors. 21 A---149 C. The water budget will be calculated upon the total area of the site in landscape areas and in landscape water features (such as decorative ponds, pools or fountains) that are fed by irrigation water. For the purpose of calculating the water budget, "landscape area" shall mean the entire parcel, less: 1. Sensitive areas and their buffers, 2. The building footprint, 3. Driveways, 4. Paved portions of parking lots, and 5, Hardscapes (e.g., decks, patios, sidewalks, and other nonporous areas). (King County 9-2005) 21A,16.310 - 21A.16.330 ZONING D. Areas such as playgrounds, sport fields, golf courses, school yards, or other recreational spaces where the turf provides a playing surface or serves other recreational purposes may be allowed additional water beyond the established water budget. In order to receive additional water for such turf areas, the applicant shall submit a statement designating such turf areas for recreational purposes and specifying additional water needs above the water budget. This additional water need will be based upon the Eto information for the turfgrass species or species mix used in such turf areas. E. Landscape water features shall not use potable water unless the water feature recirculates water used in its operation. F_ The irrigation water use may be monitored by the water purveyor on a yearly basis after the date of release of the performance bond. G. Alternative water sources such as recycled waste water or rainwater are encouraged. Such water sources shall not be subject to the limits of the water budget. (Ord. 11210 § 15, 1994). 21A.16.320 Water use - Estimated water use calculated. The estimated water use shall be calculated using the following provisions. A. Estimated water use (EWU) shall be calculated for each hydrozone by using the following formula: EWU = (Eto) x (PF) x (HA) x (CF) IE Eto: Referenced Evapotranspiration Rate (net seasonal irrigation requirement in inches - see table) PF: Plant factor value (see paragraph B) HA: Hydrozone area (square feet) CF: Conversion factor value of 0.62 (Eto inches to gallons per square foot) IE: Irrigation efficiency value B. Plant factor values shall be as follows, but may be adjusted pursuant to subsection C: 1. 0 to 0.3 for low water use plants, 2. 0.4 to 0.6 for average water use plants, and 3. 0.7 to 1.0 for high water use plants. C. For each hydrozone, plant factor values may be determined and adjusted by the designer (based on professional judgment and applicable reference materials) considering the relevant factors such as: 1. Water requirements of the various plant species proposed, 2. Density of the plantings, 3. Microclimate of the site, and 4. Soil conditions. (Ord_ 11210 § 16, 1994). 21A.16.330 Water use - Irrigation efficiency goals and system design standards. For purposes of this section, irrigation shall include any means of applying water to landscaped areas. All irrigation is at the applicant's option. Manually applied irrigation methods shall comply with subsections A and B. Irrigation applied through installed irrigation systems shall comply with subsections A through C: A. Irrigation water shall be applied with goals of avoiding runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, and impervious surfaces by: 21 A-150 1. Considering soil type and infiltration rates, 2. Using proper irrigation equipment and schedules, including features such as repeat cycles, to closely match application rates with infiltration rates, and 3. Considering special problems posed by irrigation on slopes and in median strips. B. All irrigation water outlets, except those using alternative water sources, shall be downstream of the meter used to measure irrigation water use. (King County 9-2005) DEVELOPMENT STANDARDS - LANDSCAPING AND WATER USE 21AA6.330 - 21A.16.370 C. Irrigation systems shall be subject to the following additional provisions: 1. Systems shall not be located on any: a. turfgrass slopes exceeding a slope of three horizontal feet to one vertical foot (3:1), and b_ turfgrass portions of median strips_ 2. Systems in landscape strips less than five feet in width shall be designed to ensure that overspray and/or runoff does not occur by use of system design options such as low volume emitters. 3. Systems shall be designed to be consistent with the requirements of the hydrozone in which they are located. 4. Systems shall be designed with the minimum average irrigation efficiency of 0.625. 5, The use of automatic shutoff or override capabilities using rain shutoffs or moisture sensors is encouraged. 6. Systems shall utilize a master control valve connected to an automatic controller. 7. Systems shall make provisions for winterization either by providing: a. manual drains (automatic drain valves are not permitted at all low points), or b. means to blow out lines with pressurized air. 8. Separate valves shall be used to irrigate plants with differing water needs. 9. Sprinkler heads with consistent application rates shall be selected for proper area coverage, operating pressure, and adjustment capability. (Ord. 11210 § 17, 1994). 21A.16.340 Water use - Irrigation system design, design review and audit at installation. A. Irrigation plan design shall be certified by an Irrigation Association (IA) -certified designer or a registered landscape architect or professional engineer with irrigation design experience. B. The irrigation system must be audited and accepted at installation by an IA -certified irrigation auditor. (Ord. 11210 § 18, 1994). 21A.16.350 Water use - Irrigation design plan contents. Proposed irrigation system design plans shall be drawn on the same base project map as the landscape plan and shall identify: A_ Location and size of any proposed separate water meters for the landscape; B. Location, type, and size of all components of the irrigation system; C. Static water pressure at the point of connection to the water supply; and D. Flow rate (gallons per minute), application rates (inches per hour), and design operating pressure (PSI) for each station. (Ord. 11210 § 19, 1994). 21A.16.360 Water use - Irrigation schedules. Irrigation schedules consistent with the following shall be submitted: A. A recommended irrigation program with monthly irrigation schedules based, at a minimum on average monthly Eta, shall be required for before and after establishment. B. The irrigation schedule shall: 1. Include for each station the run time (in minutes per cycle) and cycles per week, 2. Indicate the amount of applied water (in the applicable billing unit used by a purveyor), 3. Incorporate use of evapotranspiration data reflecting local microclimates, 4. Be adjusted for additional water need in recreational areas, 5. Incorporate additional operating criteria such as avoiding irrigation at times of high temperatures or winds. (Ord_ 11210 § 20, 1994). 21 A--151 21A.16.370 Water use - Irrigation system maintenance. Irrigation systems shall be maintained and inspected periodically to assure proper functioning. Replacement of components shall be of originally specified parts or materials, or their equivalents. (Ord. 11210 § 21, 1994). BLANK 21 A-152 (King County 9-2005) 21 A-1 53 DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18 Chapter 21A.18 DEVELOPMENT STANDARDS - PARKING AND CIRCULATION Sections: 21A.18.010 Purpose. 21A.18.020 Authority and application. 21A.18.030 Computation of required off-street parking spaces. 21A.18.040 Shared parking requirements. 21A.18.050 Exceptions for community residential facilities (CRF) and senior citizen assisted housing. 21A,18.060 parking for the disabled. 21A.18.070 Loading space requirements. 21A.18,080 Stacking spaces for drive -through facilities. 21A.18.090 Transit and rideshare provisions. 21A.18.100 Pedestrian and bicycle circulation and access. 21A_18,110 Off-street parking plan design standards. 21A.18,120 Off-street parking construction standards. 21A.18.130 Compact car allowance requirements. 21A.18.140 Internal circulation road standards. 21A-153 (King County 9-2005) BLANK 21 A--154 DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18.010 - 21A.18.020 21A.18.010 Purpose. The purpose of this chapter is to provide adequate parking for all uses allowed in this title; to reduce demand for parking by encouraging alternative means of transportation including public transit, rideshare and bicycles; and to increase pedestrian mobility in urban areas by: A. Setting minimum off street parking standards for different land uses that assure safe, convenient and adequately sized parking facilities within activity centers; B. Providing incentives to rideshare through preferred parking arrangements; C. Providing for parking and storage of bicycles; D. Providing safe direct pedestrian access from public rights -of -way to structures and between developments; and E. Requiring uses which attract large numbers of employees or customers to provide transit stops. (Ord. 10870 § 405, 1993). 21A.18.020 Authority and application. A. Before an occupancy permit may be granted for any new or enlarged building or for a change of use in any existing building, the use shall be required to meet the requirements of this chapter. In addition, K.C.C. 21A.18.110 I. and J. establish residential parking limitations applicable to existing, as well as new, residential uses. B. If this chapter does not specify a parking requirement for a land use, the director shall establish the minimum requirement based on a study of anticipated parking demand. Transportation demand management actions taken at the site shall be considered in determining anticipated demand. If the site is located in an activity center or community business center, the minimum requirement shall be set at a level less than the anticipated demand, but at no less than seventy-five percent of the anticipated demand. In time study, the applicant shall provide sufficient information to demonstrate that the parking demand for a specific land use will be satisfied. Parking studies shall be prepared by a professional engineer with expertise in traffic and parking analyses, or an equally qualified individual as authorized by the director. C. If the required amount of off-street parking has been proposed to be provided oft' -site, the applicant shall provide written contracts with affected landowners showing that required off-street parking shall be provided in a manner consistent with this chapter. The contracts shall be reviewed by the director for compliance with this chapter, and if approved, the contracts shall be recorded with the county records, elections and licensing services division as a deed restriction on the title to all applicable properties. These deed restrictions may not be revoked or modified without authorization by the director, D. Upon request from the proponent of any use subject to the this chapter located in a rural town, rural neighborhood center, any commercial zone located in a rural area or natural resource production district designated by the Comprehensive Plan, or any agricultural product production, processing or sales use allowed in the A or F zones the director may waive or modify this chapter in order to protect or enhance the historic character of the area, to reduce the need for pavement or other impervious surfaces, to recognize the seasonal nature of any such activity or to minimize the conversion of agriculturally productive soils. Where a neighborhood or subarea plan with design guidelines that includes the subject property has been adopted, the director shall base allowable waivers or modifications on the policies and guidelines in such a plan. (Ord. 15032 § 22, 2004: Ord. 14309 § 9, 2002: Ord. 11621 § 59, 1994: Ord. 10870 § 406, 1993). 21 A--155 21A.18.030 (King County 9-2005) ZONING 21A.18.030 Computation of required off-street parking spaces. A_ Except as modified in K.C.C. 21A.18.070B-D, off-street parking areas shall contain at a minimum the number of parking spaces as stipulated in the following table. Off-street parking ratios expressed as number of spaces per square feet means the usable or net square footage of floor area, exclusive of non- public areas. Non-public areas include but are not limited to building maintenance areas, storage areas, closets or restrooms. If the formula for determining the number of off-street parking spaces results in a fraction, the number of off-street parking spaces shall be rounded to the nearest whole number with fractions of .50 or greater rounding up and fractions below .50 rounding down. LAND USE MINIMUM PARKING SPACES REQUIRED RESIDENTIAL (K.C.C. 21A.08.030A): Single detachedlTownhouse 2.0 per dwelling unit Apartment: Studio units 1.2 per dwelling unit One bedroom units 1.5 per dwelling unit Two bedroom units 1.7 per dwelling unit Three bedroom units or larger 2.0 per dwelling unit Mobile home park 2.0 per dwelling unit Senior citizen assisted 1 per 2 dwelling or sleeping units Community residential facilities 1 per two bedrooms Dormitory, including religious 1 per two bedrooms Hotel/Motel including organizational hotelllodging 1 per bedroom Bed and breakfast guesthouse 1 per guest room, plus 2 pE facili RECREATION/CULTURAL (K.C.C. 21A.08.040A Recreation/culture uses: 1 per 300 square feet Exceptions: Bowling center 5 per lane Golf course 3 per hole, plus 1 per 300 square feet of club house facilities Tennis Club 4 per tennis court plus 1 per 300 square feet of clubhouse facility Golf driving range 7 per tee Parklpla field (director) Theater 1 per 3 fixed seats Conference center 1 per 3 fixed seats, plus 1 per 50 square feet used for assembly purposes without fixed seats, or 1 per bedroom, whichever results in the greater number of spaces. 21 A-156 (King County 9-2005) DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A,18.030 LAND USE J MINIMUM PARKING SPACES REQUIRED GENERAL SERVICES (K.C.C. 21A.08.050A): General services uses: 1 per 300 square feet Exceptions: Funeral home/Crematory 1 per 50 square feet of chapel area Daycare l 2 per facility Daycare II 2 per facility, plus 1 space for each 20 children Churches, synagogue, temple 1 per 5 fixed seats, plus 1 per 50 square feet of gross floor area without fixed seats used for assembly purposes Outpatient and Veterinary clinic offices 1 per 300 square feet of office, labs and examination rooms Nursing and personal care Facilities 1 per 4 beds Hospital 1 per bed Elementary schools 1 per classroom, plus 1 per 50 students Secondary schools Middleflunior high schools 1 per classroom, plus 1 per 50 students High schools 1 per classroom, plus 1 per 10 students High schools with stadiums greater of 1 per classroom plus 1 per 10 students, or 1 per 3 fixed seats in stadium Vocational schools 1 per classroom, plus 1 per five students Specialized instruction Schools 1 per classroom, plus 1 per two students Artist Studios 9 per 1,000 square feet of area used for studios GOVERNMENTIBUSINESS SERVICES (K.C.C. 21A.08.060A): Government/business services uses: 1 per 300 square feet Exceptions: Public agency yard 1 per 300 square Feet of offices, plus .9 per 1,000 square feet of indoor storage or repair areas Public agency archives .9 per 1000 square feet of storage area, plus 1 per 50 square feet of waiting/reviewing areas Courts 3 per courtroom, plus 1 per 50 square Feet of fixed seat or assembly areas Police facility (director) Fire facility (director) Construction and trade 1 per 300 square feet of office, plus 1 per 3,000 square feet of storage area Warehousing and storage 1 per 300 square feet of office, plus .9 per 1,000 square feet of storage area Self-service storage 1 per 3,500 square feet of storage area, plus 2 for any resident director's unit Outdoor advertising services 1 per 300 square feet of office, plus .9 per 1,000 square feet of storage area Heavy equipment repair 1 per 300 square feet of office, plus .9 per 1,000 square feet of indoor repair areas Office 1 per 300 square feet 21 A--157 (King County 9-2005) 21A.18.030 ZONING LAND USE :1 MINIMUM PARKING SPACES REQUIRED RETAIL/WHOLESALE (K.C.C. 21A.08.070A): Retail trade uses: 1 per 300 square feet Exceptions: Food stores, less than 15,000 square feet 3 plus 1 per 350 square feet Gasoline service stations w/o grocery 3 per facility, plus 1 per service bay Gasoline service stations w/grocery, no service bays 1 per facility, plus 1 per 300 square feet of store Restaurants 1 per 75 square feet in dining or lounge areas Wholesale trade uses .9 per 1000 square feet Retail and wholesale trade mixed use 1 per 300 square feet MANUFACTURING K.C.C.21A.08.080A): Manufacturing uses .9 per 1,000 square feet Winery/Brewery .9 per 1,000 square feet, plus 1 per 50 square feet of tasting area RESOURCES (K.C.C. 21A.08.090A): Resource uses director REGIONAL (K.C.C.21A.08.100A): Regional uses (director) B. An applicant may request a modification of the minimum required number of parking spaces by providing that parking demand can be met with a reduced parking requirement. In such cases, the director may approve a reduction of up to fifty percent of the minimum required number of spaces. C. When the county has received a shell building permit application, off-street parking requirements shall be based on the possible tenant improvements or uses authorized by the zone designation and compatible with the limitations of the shell permit. When the range of possible uses result in different parking requirements, the director will establish the amount of parking based on a likely range of uses. D. Where other provisions of this code stipulate maximum parking allowed or reduced minimum parking requirements, those provisions shall apply. E. In any development required to provide six or more parking spaces, bicycle parking shall be provided. Bicycle parking shall be bike rack or locker -type parking facilities unless otherwise specified. 1. Off-street parking areas shall contain at least one bicycle parking space for every twelve spaces required for motor vehicles except as follows: a. The director may reduce bike rack parking facilities for patrons when it is demonstrated that bicycle activity will not occur at that location. b. The director may require additional spaces when it is determined that the use or its location will generate a high volume of bicycle activity. Such a determination will include but not be limited to the following uses: (1) Park/playfield, (2) Marina, 21 A-158 (King County 9-2005) DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18.030 - 21A.18.050 (3) Library/museum/arboretum, (4) Elementary/secondary school, (5) Sports club, or (6) Retail business (when located along a developed bicycle trail or designated bicycle route). 2. Bicycle facilities for patrons shall be located within 100 feet of the building entrance and shall be designed to allow either a bicycle frame or wheels to be locked to a structure attached to the pavement. 3. All bicycle parking and storage shall be located in safe, visible areas that do not impede pedestrian or vehicle traffic flow, and shall be well lit for nighttime use. 4. When more than ten people are employed on site, enclosed locker -type parking facilities for employees shall be provided. The director shall allocate the required number of parking spaces between bike rack parking and enclosed locker -type parking facilities. 5. One indoor bicycle storage space shall be provided for every two dwelling units in townhouse and apartment residential uses, unless individual garages are provided for every unit. The director may reduce the number of bike rack parking spaces if indoor storage facilities are available to all residents. (Ord. 13022 § 22, 1998: Ord. 11978 § 14, 1995: Ord. 11157 § 18, 1993: Ord. 10870 § 407, 1993). 21A.18.040 Shared parking requirements. The amount of off-street parking required by K.C.C. 21A,18.030 may be reduced by an amount determined by the director when shared parking facilities for two or more uses are proposed, provided: A. The total parking area exceeds 5,000 square feet; B. The parking facilities are designed and developed as a single on -site common parking facility, or as a system of on -site and off -site facilities, if all facilities are connected with improved pedestrian facilities and no building or use involved is more than eight hundred feet from the most remote shared facility; C. The amount of the reduction shall not exceed ten percent for each use, unless: 1. The normal hours of operation for each use are separated by at least one hour; or 2. A parking demand study is prepared by a professional traffic engineer and submitted by the applicant documenting that the hours of actual parking demand for the proposed uses will not conflict and those uses will be served by adequate parking if shared parking reductions are authorized; 3. The director will determine the amount of reduction subject to paragraph D of this section. D. The total number of parking spaces in the common parking facility is not less than the minimum required spaces for any single use; E. A covenant or other contract for shared parking between the cooperating property owners is approved by the director. This covenant or contract must be recorded with King County records and elections division as a deed restriction on both properties and cannot be modified or revoked without the consent of the director; and F. If any requirements for shared parking are violated, the affected property owners must provide a remedy satisfactory to the director or provide the full amount of required off-street parking for each use, in accordance with the requirements of this chapter, unless a satisfactory alternative remedy is approved by the director. (Ord. 11621 § 60, 1994: Ord. 10870 § 408, 1993)_ 21A.18.050 Exceptions for community residential facilities (CRF) and senior citizen assisted housing. A. The minimum requirement of one off-street parking space per two bedrooms for CRF's and one off-street parking space per two senior citizen assisted housing units may be reduced by up to 50 percent, as determined by the director based on the following considerations: 1. Availability of private, convenient transportation services to meet the needs of the CRF residents; 2.Accessibility to and frequency of public transportation; and 3_ Pedestrian access to health, medical, and shopping facilities; B. If a CRF facility or senior citizen assisted housing is no longer used for such purposes, additional off-street parking spaces shall be required in compliance with this chapter prior to the issuance of a new certificate of occupancy. (Ord. 10870 § 409, 1993). 21 A-159 (King County 9-2005) 21A.18.060 - 21A.18.070 ZONING 21A.18.060 Parking for the disabled. Off-street parking and access for physically disabled persons shall be provided in accordance with of the regulations adopted pursuant to Chapter 19.27 ROW, State Building Code, and Chapter 70.92 ROW, Public Buildings -Provisions for Aged and Disabled. (Ord. 13022 § 23, 1998: Ord.11621 § 61, 1994: Ord. 10870 § 410, 1993). 21A.18.070 Loading space requirements. A. Every non-residential building engaged in retail, wholesale, manufacturing or storage activities, excluding self-service storage facilities, shall provide loading spaces in accordance with the standards listed below. GROSS FLOOR AREA REQUIRED NUMBER OF LOADING SPACES 10,000 to 16,000 square feet 1 16,001 to 40,000 square feet 2 40,001 to 64,000 square feet 3 64,001 to 96,000 square feet 4 96,001 to 128,000 square feet 5 128,001 to 160,000 square feet 6 160,001 to 196,000 square feet 7 For each additional 36,000 square feet 1 additional B. Every building engaged in hotel, office building, restaurant, hospital, auditorium, convention hall, exhibition hall, sports arena/stadium or other similar use shall provide loading spaces in accordance with the standards listed below. GROSS FLOOR AREA REQUIRED NUMBER OF LOADING SPACES 40,000 TO 60,000 square feet 1 60,001 to 160,000 square feet 2 160,001 to 264,000 square feet 3 264,001 to 388,000 square feet 4 388,001 to 520,000 square feet 5 520,001 to 652,000 square feet 6 652,001 to 784,000 square feet 7 784,001 to 920,000 square feet 8 For each additional 140,000 square feet 1 additional C. Each loading space required by this section shall be a minimum of ten feet wide, thirty feet long, and have an unobstructed vertical clearance of fourteen feet six inches, and shall be surfaced, improved and maintained as required by this chapter. Loading spaces shall be located so that trucks shall not obstruct pedestrian or vehicle traffic movement or project into any public right-of-way. All loading space areas shall be separated from parking areas and shall be designated as truck loading spaces- D. Any loading space located within 100 feet of areas zoned for residential use shall be screened and operated as necessary to reduce noise and visual impacts. Noise mitigation measures may include architectural or structural barriers, beams, walls, or restrictions on the hours of operation. E. Multi -story self-service storage facilities shall provide two loading spaces, and single story facilities one loading space, adjacent to each building entrance that provides common access to interior storage units. Each loading berth shall measure not less than twenty-five feet by twelve feet with an unobstructed vertical clearance of fourteen feet six inches, and shall be surfaced, improved and maintained as required by this chapter. Any floor area additions or structural alterations to a building shall be required to provide loading space or spaces as set forth in this chapter. (Ord. 13022 § 24,'1998: Ord. 10870 § 411, 1993). 21A-160 (King County 9-2005) DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18.080 - 21A.18.090 21A.18.080 Stacking spaces for drive -through facilities. A. A stacking space shall be an area measuring eight feet by twenty feet with direct forward access to a service window of a drive -through facility. A stacking space shall be located to prevent any vehicles from extending onto the public right-of-way, or interfering with any pedestrian circulation, traffic maneuvering, or other parking space areas. Stacking spaces for drive -through or drive-in uses may not be counted as required parking spaces. B. Uses providing drive -up or drive -through services shall provide vehicle stacking spaces as follows: 1. For each drive -through lane of a bank or financial institution, business service or other drive - through use not listed, a minimum of five stacking spaces shall be provided; 2. For each drive -through lane of a restaurant that makes provision for on -premises consumption of food or drink or whose building floor area is more than one hundred sixty square feet, a minimum of seven stacking spaces shall be provided; and 3. For each drive -through lane of a restaurant that makes no provision for on -premises consumption of food or drink and whose building floor area is one hundred sixty square feet or less: a. A minimum of three stacking spaces shall be provided if.- (1) there are three or more other restaurants within one -quarter mile of the restaurant that also make no provision for on -premises consumption of food or drink and whose building floor area is one hundred sixty square feet or less; or (2) if vehicles on the drive -through lane of the restaurant does not exceed six vehicles per any half-hour period; b. A minimum of four stacking spaces shall be provided if: (1) there are two or fewer other restaurants within one -quarter mile of the restaurant that also make no provision for on -premises consumption of food or drink and whose building floor area is one hundred sixty square feet or less; or (2) vehicles on the drive -through lane of the restaurant are seven or more but less than eleven vehicles per any half-hour period; c. A minimum of five stacking spaces shall be provided if: (1) there are no restaurants within one -quarter mile of the restaurant that also make no provision for on -premises consumption of food or drink and whose building floor area is one hundred sixty square feet or less; or (2) vehicles on the drive -through lane of the restaurant are eleven or more vehicles per any half-hour period; or d. The director may modify the number of required stacking spaces, after consultation with other public agencies or after consideration of traffic studies provided by the applicant, but to no fewer than three stacking spaces. (14943 § 1, 2004: Ord. 11621 § 62, 1994: Ord_ 10870 § 412, 1993). 21A.18.090 Transit and rideshare provisions. A. All land uses listed in K.C.C. 21A_08.060A (Government/Business Services), and in K.C.C. 21A.08.080A (Manufacturing), hospitals, high schools, vocational schools, universities and specialized instruction schools shall be required to reserve one parking space of every 20 required spaces for rideshare parking as follows: 1_ The parking spaces shall be located closer to the primary employee entrance than any other employee parking except disabled; 2. Reserved areas shall have markings and signs indicating that the space is reserved; and 3. Parking in reserved areas shall be limited to vanpools and carpools established through ride share programs by public agencies and to vehicles meeting minimum rideshare qualifications set by the employer; 21A-161 (King County 9-2005) 21A.18.090 - 21A.18.100 ZONING B. The director may reduce the number of required off-street parking spaces when one or more scheduled transit routes provide service within 660 feet of the site. The amount of reduction shall be based on the number of scheduled transit runs between 7.00 - 9:00AM and 4:00 - 6:OOPM each business day up to a maximum reduction as follows: 1. Four percent for each run serving land uses in K.C.C. 21A.08.060A (Government/Business Services) and K.C.C. 21A.08.080A (Manufacturing) up to a maximum of forty percent, and 2. Two percent for each run serving land uses in K.C.C. 21A.08.040A (Recreation/Culture), 21A.08.050A (General Services) and 21A_08.060A (Retail/Wholesale) up to a maximum of twenty percent; and C. All uses which are located on an existing transit route and are required under the computation for required off-street parking spaces in K.C_C. 21A.18.030A to provide more than 200 parking spaces may be required to provide transit shelters, bus turnout lanes or other transit improvements as a condition of permit approval. Uses which reduce required parking under subsection B of this section shall provide transit shelters if transit routes adjoin the site. (Ord. 11621 § 63, 1994: Ord. 10870 § 413, 1993). 21A.18.100 Pedestrian and bicycle circulation and access. A. Non residential uses. All permitted nonresidential uses shall provide pedestrian and bicycle access within and onto the site. Access points onto the site shall be provided (a) approximately every 800 to 1,000 feet along existing and proposed perimeter sidewalks and walkways, and (b) at all arrival points to the site, including abutting street intersections, crosswalks, and transit stops. In addition, access points to and from adjacent lots shall be coordinated to provide circulation patterns between developments. B. Residential uses. 1. All permitted residential uses of five or more dwelling units shall provide pedestrian and bicycle access within and onto the site. Access points onto the site shall be provided (a) approximately every 800 to 1,000 feet along existing and proposed perimeter sidewalks and walkways, and (b) at all arrival points to the site, including abutting street intersections, crosswalks, and transit and school bus stops. In addition, access points to and from adjacent lots shall be coordinated to provide circulation patterns between sites. 2. Residential uses of five or more dwelling units shall provide for non -motorized circulation between cul-de-sacs or groups of buildings to allow pedestrian and bicycle access within and through the development to adjacent activity centers, parks, common tracts, dedicated open space intended for active recreation, schools or other public facilities, transit and school bus stops, and public streets. 3. Access shall only be required to school bus stops that are within or adjacent to a proposed residential use of five or more dwelling units and that are identified by the affected school district in response to a Notice of Application. In order to allow school districts to identify school bus stops, the department shall send a Notice of Application to affected school districts on all applications for residential uses of five or more dwelling units. 21 A-162 (King County 9-2005) DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18.100 *■na.r�r�r► r "Vf7 "JJ'd%J rP%nP%J-L_Fc. F V rMilAfi1VLI C. Walkways shall form an on -site circulation system that minimizes the conflict between pedestrians and traffic at all points of pedestrian access to on -site parking and building entrances. Walkways shall be provided when the pedestrian access point onto the site, or any parking space, is more than 75 feet from the building entrance or principal on -site destination and as follows: 1. All developments which contain more than one building shall provide walkways between the principal entrances of the buildings; 2. All non-residential buildings set back more than 100 feet from the public right-of-way shall provide for direct pedestrian access from the building to buildings on adjacent lots; and 3. Walkways across parking areas shall be located as follows: a. Walkways running parallel to the parking rows shall be provided for every six rows. Rows without walkways shall be landscaped or contain barriers or other means to encourage pedestrians to use the walkways; and b. Walkways running perpendicular to the parking rows shall be no further than twenty parking spaces. Landscaping, barriers or other means shall be provided between the parking rows to encourage pedestrians to use the walkways; 21A-163 21A.18.100 (King County 9-2005) ZONING V WALKWAYS RUNNING PERPENDICULAR TO PARKING D. Pedestrian and bicycle access and walkways shall meet the following minimum design standards: 1. Access and walkways shall be well lit and physically separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic; 2. Access and walkways shall be a minimum of 48 inches of unobstructed width and meet the surfacing standards of the King County Road Standards for walkways or sidewalks; 3. The minimum standard for walkways required to be accessible for persons with disabilities shall be designed and constructed to comply with the current State Building Code regulations for barrier -free accessibility; 4. A crosswalk shall be required when a walkway crosses a driveway or a paved area accessible to vehicles; and E. Blocks in excess of 660 feet shall be provided with a crosswalk at the approximate midpoint of the block. F. The director may waive or modify the requirements of this section when: 1. Existing or proposed improvements would create an unsafe condition or security concern; 2. There are topographical constraints, or existing or required structures effectively block access; 3. The site is in a rural area outside of or not contiguous to an activity center, park, common tract, dedicated open space, school, transit stop or other public facility; 4. The land use would not generate the need for pedestrian or bicycle access; or 5. the public is not allowed access to the subject land use, The director's waiver may not be used to modify or waive the requirements of K.C_C_ 21A.18.100 relating to sidewalks and safe walking conditions for students. G. The provisions of this section shall not apply on school district property. (Ord. 12793 § 1, 1997: Ord. 11978 § 15, 1995: Ord. 11621 § 64 1994: Ord. 10870 § 414, 1993). 21A-164 (King County 9-2005) DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18.110 21A.18.110 Off-street parking plan design standards. A. Off-street parking areas shall not be located more than six hundred feet from the building they are required to serve for all uses except those specified as follows; where an off-street parking area does not abut the building it serves, the required maximum distance shall be measured from the nearest building entrance that the parking area serves: 1. For all single detached dwellings the parking spaces shall be located on the same lot they are required to serve; 2. For all other residential dwellings at least a portion of parking areas shall be located within one hundred fifty feet from the building or buildings they are required to serve; 3. For all nonresidential uses permitted in residential zones, the parking spaces shall be located on the same lot they are required to serve and at least a portion of parking areas shall be located within one hundred fifty feet from the nearest building entrance they are required to serve; 4. In designated activity, community business and neighborhood business centers, parking lots shall be located to the rear or sides of buildings. Relief from this subsection A.4 may be granted by the director only if the applicant can demonstrate that there is no practical site design to meet this requirement. The director may allow only the number of parking spaces that cannot be accommodated to the rear or sides of buildings to be located to the front of buildings; 5. Parking lots shall be so arranged as to permit the internal circulation of vehicles between parking aisles without re-entering adjoining public streets; and 6. Parking for the disabled shall be provided in accordance with K.C.C. 21A.18.060. B. The minimum parking space and aisle dimensions for the most common parking angles are shown on the table in this subsection. For parking angles other than those shown on the chart, the minimum parking space and aisle dimensions shall be determined by the director. Regardless of the parking angle, one-way aisles shall beat least ten feet wide, and two-way aisles shall beat least twenty feet wide. if dead- end aisles are used in the parking layout, they shall be constructed as two-way aisles. Parking plans for angle parking shall use space widths no less than eight feet six inches for a standard parking space design and eight feet for a compact car parking space design. MINIMUM PARKING STALL AND AISLE DIMENSIONS A B C D E F PARKING STALL CURB STALL AISLE WIDTH UNIT DEPTH ANGLE WIDTH LENGTH DEPTH 1-WAY 2-WAY 1-WAY 2-WAY 8.0* 20.0* 8.0 12.0 20.0 {* ** 0 0 Min 8.5 22.5 8.5 12.0 20.0 29.0 37.0 Desired 9.0 22.5 9.0 12.0 20.0 30.0 38.0 8.0* 16.0* 15.0 10.0 20.0 ** +' 30 Min 8.5 17.0 16.5 10.0 20.0 42.0 53.0 3 Desired 9.0 18.0 17.0 10.0 20.0 44.0 54.0 0 8.0* 11.5* 17.0* 12.0 20.0 45 Min 8.5. 12.0 12.0 20.0 50.0 68.0 4 Desired 9.0 12.5 12.0 20.0 51.0 59.0 5 8.0* 9,6* 18.0 18.0 20.0 ** 60 Min 8.5 10.0 20.0 18.0 20.0 58.0 60.0 6 Desired 9.0 10.5 21.0 18.0 20.0 60.0 62.0 0 8.0* 8.0* 16.0* 24.0 24.0 90 Min 8.5 8.5 18.0 24.0 24.0 60.0 60.0 Desired 9.0 1 9.0 18.0 1 23.0 24.0 1 60.0 60.0 * for compact stalls only " variable with compact and standard combinations 21 A-165 %YAW yvrr'% L s ,,A. eh + z�Y&Z 3 air_ &,,& r }?Ate (King County 9-2005) 21A,18,110 ZONING NOMENCLATURE OF OFF-STREET PARKING AREA unit parking depth (F) rpa rxr n g angle (A) I stall deptNIr k.-µerpendicular I to aisle Z (a) aisle (E) C. Any parking spaces abutting a required landscaped area on the driver or passenger side of the vehicle shall provide an additional eighteen inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe. D, The parking space depth may be reduced if vehicles overhang a walkway or landscaping under the following conditions: 1. Wheelstops or curbs are installed; 2. The remaining walkway provides a minimum of forty-eight inches of unimpeded passageway for pedestrians; 3. The amount of space depth reduction is limited to a maximum of eighteen inches; and 4. Landscaping is designed in accordance with K_C.C, 21A.16.070E. 21A--166 (King County 9-2005) DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18.110 E. Driveways providing ingress and egress between off-street parking areas and abutting streets shall be designed, located and constructed in accordance with K.C.C. chapter 14.42, Road Standards. Driveways for single detached dwellings, no more than twenty feet in width, may cross required setbacks or landscaped areas to provide access between the off-street parking areas and the street, provided no more than fifteen percent of the required landscaping or setback area is eliminated by the driveway. Joint use driveways may be located within required landscaping or setback areas. Driveways for all other developments may cross or be located within required setbacks or landscaped areas to provide access between the off-street parking areas and the street, if no more than ten percent of the required landscaping is displaced by the driveway and the driveway is located no closer than five feet from any property line except where intersecting the street. F. Parking spaces required under this title shall be located as follows: 1. For single detached dwelling units the required parking spaces shall be outside of any required setbacks or landscaping, but driveways crossing setbacks and required landscaping may be used for parking. However, if the driveway is a joint use driveway, no vehicle parked on the driveway shall obstruct any joint users access to the driveway or parking spaces; 2. For all other developments parking spaces may be permitted by the director in setback areas in accordance with an approved landscape plan; and 3. For nonresidential uses in residential zones, parking is permitted in setback areas in accordance with K_C.C. 21A.12.220. G. Lighting shall be provided for safety of traffic and pedestrian circulation on the site. It shall be designed to minimize direct illumination of abutting properties and adjacent streets. The director shall have the authority to waive the requirement to provide lighting. H. Tandem or end -to -end parking is allowed in residential developments. Apartment or townhouse developments may have tandem parking areas for each dwelling unit but shall not combine parking for separate dwelling units in tandem parking areas. I. All vehicle parking and storage for single detached dwellings must be in a garage, carport or on an approved impervious surface. Any impervious surface used for vehicle parking or storage must have direct and unobstructed driveway access. J. The total number of vehicles parked or stored outside of a building on a single family lot in the R- 1 through R-8 zones, excluding recreational vehicles and trailers, shall not exceed six vehicles on lots that are twelve thousand five hundred square feet or less and eight vehicles on lots that are greater than twelve thousand five hundred square feet- K. Vanpool and carpool parking areas shall meet the following minimum design standards: 1. A minimum verticLl clearance of seven feet three inches shall be provided to accommodate van vehicles if designated vanpool and carpool parking spaces are located in a parking structure; and 2. A minimum turning radius of twenty-six feet four inches with a minimum turning diameter, curb to curb, of fifty-two feet five inches shall be provided from parking aisles to adjacent vanpool and carpool parking spaces- L. Direct access from the street right-of-way to off-street parking areas shall be subject to K.C,C, 21A.28.120. M. No dead-end alley may provide access to more than eight off-street parking spaces. N. Any parking stalls located in enclosed buildings must be totally within the enclosed building. (Ord. 14309 § 10, 2002: Ord. 14045 § 47, 2001: Ord. 13022 § 25, 1998: Ord. 11978 § 16, 1995: Ord. 11621 § 65, 1994: Ord, 10870 § 415, 1993). 21A-167 (King County 9-2005) 21A.18.120 ZONING 21A.18.120 Off-street parking construction standards. A. Off-street parking areas shall have dust -free, ail -weather surfacing. Typical approved sections are illustrated below. Frequently used (at least five days a week) off-street parking areas shall conform to the standards shown in A below or an approved equivalent. If the parking area is to be used more than 30 days per year but less than five days a week, then the standards to be used shall conform to the standards shown in B below or an approved equivalent. An exception to these surfacing requirements may be made for certain uses that require intermittent use of their parking facilities less than 30 days per year. Any surface treatment other than those graphically illustrated below must be approved by the director. MINIMUM SURFACING REQUIREMENTS A J walk CL curb ... f ALI barrier min. slope 0.5% 1/0 2" asphaltic concrete 2" (5/13" minus) top course 4" selected roadway borrow orb jD TAII !� barrier E walk min. slope O S+k► i a 1S" corropl, depth cr, surlaGiing top course 25" compt. depth a, surfacing base course selected roadway borrow, as needed ts. vraaing work for parKing areas shall meet the requirements of K.C.G. 16.82. Drainage and erosion/sedimentation control facilities shall be provided in accordance with K-C.C. 9.04, 21A-1B8 (King County 9-2005) DEVELOPMENT STANDARDS - PARKING AND CIRCULATION 21A.18.120 C. Asphalt or concrete surfaced parking areas shall have parking spaces marked by surface paint lines or suitable substitute traffic marking material in accordance with the Washington State Department of Transportation Standards. Wheel stops are required where a parked vehicle would encroach on adjacent property, pedestrian access or circulation areas, right-of-way or landscaped areas. Typically approved markings and wheel stop locations are illustrated below. (Ord. 10870 § 416, 1993). STALL MARKINGS AND WHEEL STOP LOCATIONS PROP£ RTY 1114 E PAOP'E RTY U NE 4 COMPACT MARKING PAINTED HORSESHOE MARKING WAZEt, STOJIS 1 +HEEL q+�' STOPS f ►' a � pROPEFIrr LINE PROPERTY Llrrt 1NTERNA1tON�t SYu Bps OF ACCESS .--elo---o SK;N 4 TO S ABDVE GRAdE METAL OR PLASTIC HANDICAP MARKING TRAFFIC MARKING 3'. TO 6' WKE EL STOPS WHEEL MPS PAINTED LINES PAINT ON PAVING 1 , • i�-- 21A.18.130 - 21A.18.140 (King County 9-2005) ZONING 21A.18.130 Compact car allowance requirements. In any development containing more than 20 parking spaces, up to 50 percent of the total number of spaces may be sized to accommodate compact cars, subject to the following: A. Each space shall be clearly identified as a compact car space by painting the word "COMPACT' in capital letters, a minimum of 8 inches high, on the pavement at the base of the parking space and centered between the striping; B. Aisle widths shall conform to the standards set for standard size cars; and C. Apartment developments with less than twenty parking spaces may designate up to 40 percent of the required parking spaces as compact spaces, (Ord. 10870 § 417, 1993). 21A.18.140 Internal circulation road standards. Internal access roads to off-street parking areas shall conform with the surfacing and design requirements for private commercial roads set forth in K.C.C. 14.42 King County Roads Standards. (Ord. 10870 § 418, 1993). 21A-170 n 2 a rn a N 0 (King County 9-2005) DEVELOPMENT STANDARDS - SIGNS 21 A.20 Chapter 21A.20 DEVELOPMENT STANDARDS - SIGNS Sections: 21A.20.010 Purpose. 21A.20.020 Permit requirements. 21A.20.030 Exempt signs. 21A.20.040 Prohibited signs. 21A.20.050 Sign area calculation. 21A.20,060 General sign requirements. 21A20.065 Community bulletin board signs_ 21A.20.070 Resource zone signs. 21A20.080 Residential zone signs. 21A.20.090 Office zone signs. 21A.20.095 Neighborhood business zone signs, 21A.20.100 Community business and industrial zone signs. 21A.20.110 Regional business zone signs. 21A.20.115 Mixed -use development signs in R-12 through R-48 zones. 21A.20.120 Signs or displays of limited duration. 21A.20.130 Billboards: Location and height standards. 21A.20.140 Billboards: General requirements. 21A.20.150 Billboards: Special restrictions in the CB zone. 21A.20.160 Billboards: Alteration or relocation limitations. 21A.20.170 Billboards; View and vegetative screening protections. 21A.20.180 Billboard free areas. 21A.20.190 Community identification signs_ 21A-171 BLANK 21 A-172 (King County 6-2006) DEVELOPMENT STANDARDS - SIGNS 21A20.010 - 21A.20.050 21A.20.010 Purpose. The purpose of this chapter is to enhance the visual environment of the county by: A. Establishing standards that regulate the type, number, location, size, and lighting of signs; B. Recognizing the private purposes of signs for the identification of businesses and promotion of products and services; and C. Recognizing the public purposes of signs which includes considerations of traffic safety, economic and aesthetic welfare. (Ord. 10870 § 419, 1993). 21A.20.020 Permit requirements. A. Except as otherwise permitted by this chapter, no sign shall be erected, altered or relocated without approval by the county. B. No building permit shall be required for repainting, cleaning, or other normal maintenance and repair of a sign, or for sign face and copy changes that do not alter the size or structure of the sign. (Ord. 10870 § 420, 1993). 21A.20.030 Exempt signs. The following signs or displays are exempted from the regulations under this chapter: A. Historic site markers or plaques, gravestones, and address numbers; B. Signs required by law, including but not limited to: 1. Official or legal notices issued and posted by any public agency or court; or 2. Traffic directional orwarning signs. C. Plaques, tablets or inscriptions indicating the name of a building, date of erection, or other commemorative information, which are an integral part of the building structure or are attached flat to the face of the building, which are nonilluminated, and which do not exceed four square feet in surface area; D. Incidental signs, which shall not exceed two square feet in surface area, provided that said size limitation shall not apply to signs providing directions, warnings or information when established and maintained by a public agency; E. State or Federal flags; F. Religious symbols; and G. The flag of a commercial institution, provided no more than one flag is permitted per business premises, and further provided the flag does not exceed 20 square feet in surface area. (Ord_ 10870 § 421, 1993). 21A.20.040 Prohibited signs. Except as indicated by this chapter, the following signs or displays are prohibited: A. Portable signs including, but not limited to, sandwich/A-frame signs and mobile readerboard signs, and excluding signs permitted under K.C.C. 21A.20.120; B. Private signs on utility poles; C. Signs which, by reason of their size, location, movement, content, coloring or manner of illumination may be confused with traffic control signs or signals; D. Signs located in the public right-of-way, except where permitted in this chapter, and E. Posters, pennants, string of lights, blinking lights, balloons, searchlights and other displays of a carnival nature; except as architectural features, or on a limited basis as seasonal decorations or as provided for in Section 21A.20,120 as grand opening displays. F. Changing message center signs, where the message changes more frequently then every three minutes. (Ord. 10870 § 422, 1993). 21A.20.050 Sign area calculation. A. Sign area for non -monument free-standing signs shall be calculated by determining the total surface area of the sign as viewed from any single vantage point, excluding support structures. B. Sign area for letters or symbols painted or mounted directly on wails or monument signs or on the sloping portion of a roof shall be calculated by measuring the smallest single rectangle which will enclose the combined letters and symbols. C. Sign area for signs contained entirely within a cabinet and mounted on a wail, roof or monument shall be calculated by measuring the entire area of the cabinet. (Ord. 13014 § 4, 1998: Ord. 10870 § 423, 1993). 21A-173 (King County 6-2006) 21A20.060 ZONING 21A.20.060 General sign requirements. A. All signs, except billboards, community bulletin boards, community identification signs, political signs, real estate signs and special event signs, shall be on -premise signs, except that uses located on lots without public street frontage in business, office and industrial zones may have one off -premise directional sign of no more than sixteen square feet- B. Fuel price signs shall not be included in sign area or number limitations of K.C.C. 21A.20,090, 21A.20.095, 21A.20.100 and 21A.20.110, but only if the signs do not exceed twenty square feet per street frontage. C. Except as otherwise provided in K.C.C. 21A.20.115, projecting and awning signs and signs mounted on the sloping portion of roofs shall not be permitted for uses in the Resource and Residential zones. In other zones, projecting and awning signs and signs mounted on the sloping portion of roofs may be used in lieu of wall signs, but only if: 1. They maintain a minimum clearance of eight feet above finished grade; 2. They do not project more than six feet perpendicular from the supporting building facade; 3. They meet the standards of K.C.C. 21A.20.060J. if mounted on the roof of a building; and 4. They shall not exceed the number or size permitted for wall signs in a zone. D. Changing message center signs, and time and temperature signs, which can be a wall or freestanding sign, shall not exceed the size permitted for a wall or freestanding sign, and shall be permitted only in the NB, CB, RB, O and I zones. Changing message center signs and time and temperature signs shall not exceed the maximum sign height permitted in the zone. E. Directional signs shall not be included in the sign area or number limitation of K.C.C. 21A20.070, 21A.20.095, 21A.20.100 and 21A.20.110, but only if the signs do not exceed six square feet in surface area and are limited to one for each entrance or exit to surface parking areas or parting structure. F. Regarding sign illumination and glare: 1. All signs in the NB, CB, RB, O or I zone districts may be illuminated. Signs in all other zones may be indirectly illuminated, provided the light source for indirectly illuminated signs shall be no farther away from the sign than the height of the sign; 2. Indirectly illuminated signs shall be arranged so that no direct rays of light are projected from such artificial source into residences or any street right-of-way. 3. Electrical requirements for signs shall be governed by chapter 19.28 RCW and WAC 296-46- 910; and 4. Signs with an on/off operation shall be permitted only in the CB, RB and I zones. G. Maximum height for wall signs shall not extend above the highest exterior wall or structure upon which the sign is located. H. Maximum height for projecting signs shall not extend above the highest exterior wall upon which the projecting sign is located. I. Maximum height for awning signs shall not extend above the height of the awning upon which the awning sign is located. J. Any sign attached to the sloping surface of a roof shall be installed or erected in such a manner that there are no visible support structures, shall appear to be part of the building itself, and shall not extend above the roof ridge line of the portion of the roof upon which the sign is attached. K. Except as otherwise permitted by this chapter, off -premise directional signs shall not exceed four square feet in sign area. L. Mixed use developments in the NB, CB, RB or O zones are permitted one permanent residential identification sign not exceeding thirty-two square feet in addition to the maximum sign area requirements in the zone where the mixed use development is located. (Ord. 15404 § 2, 2006: Ord. 13022 § 27, 1998: Ord. 13014 § 5, 1998: Ord. 10870 § 424, 1993). 21A-174 (King County 6-2006) DEVELOPMENT STANDARDS - SIGNS 21A.20.065 - 21A.20,095 21A.20.065 Community bulletin board signs. A. One community bulletin board sign is permitted within each community plan designated activity center with the following limitations: B. In the R, UR and RA zones community bulletin board signs may not exceed 32 square feet and are only permitted at public schools, police stations, fire stations or other public facilities; C. In the O and NB zones community bulletin board signs may not exceed 40 square feet; D. In the CB and I zones community bulletin board signs may not exceed 60 square feet; and E. In the RB zone community bulletin board signs may not exceed 100 square feet. (Ord. 10870 § 425, 1993). 21A.20.070 Resource zone signs. Signs in the A, F, and M zones are limited as follows: A_ One residential identification sign, not exceeding two square feet, is permitted. One additional sign, not exceeding 24 square feet, is permitted to identify non-residential uses or to advertise goods or services available on site; and B. Freestanding signs shall not exceed a height of six feet, and shall be setback at least 10 feet from street right-of-way. (Ord. 10870 § 426, 1993). 21A.20.080 Residential zone signs. Except as otherwise provided in K.C.C. 21A.20.115, signs in the R, UR and RA zones are limited as follows: A. Nonresidential use: 1. One sign identifying nonresidential uses, not exceeding twenty-five square feet and not exceeding six feet in height is permitted; 2. Schools are permitted one sign per school or school facility entrance, which may be located in the setback. Two additional wall signs attached directly to the school or school facility are permitted; 3. Home occupation and home industry signs are limited to wail signs not exceeding six square feet. B. Residential use: 1. One residential identification sign not exceeding two square feet is permitted; and 2. One permanent residential development identification sign not exceeding thirty-two square feet is permitted per development. The maximum height for the sign shall be six feet. The sign may be freestanding or mounted on a wall, fence or other structure. (Ord. 15404 § 3, 2006: Ord. 12595 § 1, 1997: Ord. 10870 § 427, 1993). 21A.20.090 Office zone signs. Signs in the O zones shall be limited as follows: A. Wall signs are permitted, provided they do not total an area more than 10 percent of the building facade on which they are located and provided they are limited to building facades with street frontage. B. Freestanding signs: 1_ One freestanding sign not exceeding 50 square feet is permitted for each street frontage of the lot, provided corner lots with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign; 2. On lots where more than one freestanding sign is permitted, the sign area permitted for individual freestanding signs may be combined; provided the combined sign does not exceed 80 square feet; and 3. The maximum height for freestanding signs shall be 15 feet. (Ord. 10870 § 428, 1993). 21A.20.095 Neighborhood business zone signs. Signs in the NB zones shall be limited as follows: A. Wall signs are permitted, provided they do not total an area more than 10 percent of the building facade on which they are located; B_ Freestanding signs: 1. One freestanding sign not exceeding 50 square feet is permitted for each street frontage of the lot, provided corner lots with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign; 21A-175 (King County 6-2006) 21A.20.095 - 21A_20.115 ZONING 2. Multiple tenant developments that have more than 300 feet of street frontage on one street may have one additional freestanding sign for each 300 feet of street frontage, or portion thereof. Such signs shall be separated from one another by a minimum of 150 feet, if located on the same street frontage; 3. On lots where more than one freestanding sign is permitted, the sign area permitted for individual freestanding signs may be combined; provided the combined sign does not exceed 150 square feet; and 4. The maximum height for freestanding signs shall be 15 feet. (Ord. 10870 § 429, 1993). 21A.20.100 Community business and Industrial zone signs. Signs in the CB and I zones shall be limited as follows: A. Wall signs are permitted, provided they do not total an area more than 15 percent of the building facade on which they are located; B. Freestanding signs: 1. One freestanding sign not exceeding 85 square feet, plus an additional 20 square feet for each additional business in a multiple tenant structure but not to exceed 145 square feet total, is permitted for each street frontage of the lot, provided corner lots with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign; 2. Multiple tenant developments that have more than 300 feet of street frontage on one street may have one additional freestanding sign for each 300 feet of street frontage, or portion thereof. Such signs shall be separated from one another by a minimum of 150 feet, if located on the same street frontage; 3, On lots where more than one freestanding sign is permitted, the sign area permitted for individual freestanding signs may be combined provided the combined sign area does not exceed 250 square feet; and 4. The maximum height for freestanding signs shall be 20 feet. (Ord. 10870 § 430, 1993). 21A.20.110 Regional business zone signs. Signs in the RIB zone shall be limited as follows: A. Wall signs are permitted, provided they do not total an area more than 15 percent of the building facade on which they are located; B_ Freestanding signs; 1. One freestanding sign not exceeding 170 square feet is permitted for each street frontage of the lot, provided corner lots with a street frontage of less than 100 feet on each street shall be permitted only one freestanding sign; 2. Multiple tenant developments that have more than 300 feet of street frontage on one street may have one additional freestanding sign for each 300 feet of street frontage, or portion thereof. Such signs shall be separated from one another by a minimum of 150 feet, if located on the same street frontage not exceeding 150 square feet; 3. On lots where more than one freestanding sign is permitted, the sign area permitted for individual freestanding signs may be combined; provided the combined sign area does not exceed 300 square feet; and 4. The maximum height for a freestanding sign shall be 25 feet. (Ord. 10870 § 431, 1993). 21A.20.115 Mixed -use development signs in R-12 through R-08 zones. In a mixed -use development in the R-12 through R-48 zones in which the combined total of all nonresidential establishments exceeds fifteen thousand square feet of gross floor area, signs are limited as follows: A. Signs for nonresidential uses are permitted as provided in K.G.C. 21A.20.095; B. Signs for residential uses are permitted as follows: 1- One permanent residential identification sign not exceeding thirty-two square feet is permitted per building for each street frontage of the lot. A corner lot with a street frontage of less than one hundred feet on each street shall be permitted only one sign; 2. The maximum height for freestanding signs shall be fifteen feet; 3. The sign may be freestanding or mounted on a fence or a wall or other structure; and 21 A-176 (King County 6-2006) DEVELOPMENT STANDARDS - SIGNS 21A.20.115 - 21 A,20.120 4. In lieu of wall signs, projecting and awning signs and signs mounted on the sloping portion of roofs are permitted if the signs: a. have a minimum clearance of eight feet above finished grade; b. do not project more than six feet perpendicular from the supporting building facade; c. meet the standards of K.C.C. 21A.20.060.J, if mounted on the roof of a building; and d. do not total an area more than ten percent of the building facade on which they are located. (Ord. 15404 § 1, 2006). 21A.20.120 Signs or displays of limited duration. The following temporary signs or displays are permitted and except as required by the Uniform Building Code, or as otherwise permitted in this chapter, do not require building permits: A. Grand opening displays: 1. Signs, posters, pennants, strings of lights, blinking lights, balloons and searchlights are permitted for a period of up to one month to announce the opening of a new enterprise or the opening of an enterprise under new management; and 2. All grand opening displays shall be removed upon the expiration of 30 consecutive days; B. Construction signs: 1. Construction signs identifying architects, engineers, planners, contractors or other individuals or firms involved with the construction of a building and announcing the character of the building or the purpose for which the building is intended may be displayed; 2. One nonilluminated, double-faced sign is permitted for each public street upon which the project fronts; 3. No sign shall exceed 32 square feet in surface area or ten feet in height, or be located closer than 30 feet from the property line of the adjoining property; and 4, Construction signs must be removed by the date of first occupancy of the premises or one year after placement of the sign, whichever occurs first; C. Political Signs: 1. Signs, posters or bills promoting or publicizing candidates for public office or issues that are to be voted upon in a general or special election may be displayed on private property with the consent of the property owner. Any such sign, poster or bill shall be removed within ten days following the election; and 2. No sign, poster, bill or other advertising device shall be located on public property or within public easements or street right-of-way; D. Real estate signs. All temporary real estate signs may be single or double-faced signs: 1. Signs advertising an individual residential unit for sale or rent shall be limited to one sign per street frontage. The sign may not exceed eight square feet in area, and shall not exceed six feet in height. The sign shall be removed within five days after closing of the sale, lease or rental of the property. 2. Portable off -premise residential directional signs announcing directions to an open house at a specified residence which is offered for sale or rent shall not exceed six square feet in area for each sign, and shall not exceed 42 inches in height. Such signs shall be permitted only when the agent or seller is in attendance at the property for sale or rent and may be located on the right-of-way outside of vehicular and bicycle lanes. 3. On -site commercial or industrial property for sale or rent signs shall be limited to one sign per street frontage, and shall not exceed 32 square feet in area. The sign shall not exceed 12 feet in height. The sign shall be removed within 30 days after closing of the sale, lease or rental of the property. A building permit is required and shall be issued for a one year period. The permit is renewable for one year increments up to a maximum of three years. 4. On -site residential development for sale or rent signs shall be limited to one sign per development. The sign shall not exceed 32 square feet in area, and shall not exceed 12 feet in height. A building permit is required and shall be issued for a one year period. The permit is renewable annually for up to a maximum of three years. 21 A-177 (King County 6-2006) 21 A20.120 - 21 A.20.140 ZONING 5. Off -site directional signs for residential developments shall be limited to six signs. Each sign shall not exceed 16 square feet in area, and shall include only the name of and directions to the residential development. The sign(s) shall be placed a maximum of two road miles from the nearest residential development entrance. No two signs for one residential development shall be located closer than 500 feet from one another on the same street. A single building permit is required for all signs and shall be issued for a one year period. The permit number and the permit expiration date must be clearly displayed on the face of each sign. The permit is renewable for one year increments up to a maximum of three years, provided that extensions will only be granted if the sign permit applicant has complied with the applicable regulations, 6. Residential on -premise informational signs shall be limited to one sign per feature, including but not limited to signs for information centers, model homes, parking areas or announcing features such as parks, playgrounds, or trails. Each sign shall not exceed 16 square feet in area, and shall not exceed six feet in height. E. Community event signs: 1. Community event signs shall be limited to announcing or promoting a non-profit sponsored community fair, festival or event; 2. Community event signs may be displayed no more than the time period specified in the temporary use permit issued pursuant to K.C.C. 21A.44; and 3. Community event signs shall be removed by the event sponsor within two weeks following the end of the community fair, festival or event_ (Ord. 11621 § 66, 1994: Ord. 10870 § 432, 1993)_ 21A.20.130 Billboards: Location and height standards. A. All billboard alterations or relocations shall comply with the following location and design standards: 1. Billboards shall only be located on sites zoned CB, RB, or I; 2. No more than five billboard faces shall be oriented toward and visible from the same direction of travel within one mile of the proposed relocation site as measured along the adjacent roadway; 3. Billboards shall be located at least 100 feet from any other billboard, provided side -by -side, v- type and back-to-back billboard faces shall be considered one billboard for purposes of this subsection only; 4. The zoning on the opposite side of the street from a proposed relocation site must also permit billboards; 5. Type II billboards shall be at least 100 feet from any residential zone. Type 1 billboards shall be at least 330 feet from any residential zone; 6. No billboard shall extend beyond the property line of the billboard site; 7. No billboard shall be located more than 100 feet from any adjacent arterial; 8. Billboards shall observe the same street setback as all buildings within 50 feet of the proposed billboard location; 9_ Type I billboard faces shall only be located adjacent to arterials developed with at least two primary travel lanes in each direction. In all other locations, billboards shall be limited to Type 11 billboard faces; and 10. No single billboard structure shall support a total of more than two Type I billboard faces or the equivalent, and no single billboard structure shall orient more than one Type I billboard face or the equivalent in any single direction. B. Height: 1. Billboards located in the CB or RB zone shall not exceed 15 feet above the average height of all buildings within 330 feet of the billboard or 35 feet, whichever is less; and 2. Billboards located in the 1 zone shall not exceed 15 feet above the average height of all buildings within 330 feet of the billboard or 45 feet, whichever is less. (Ord. 10870 § 433, 1993). 21A.20.140 Billboards: General requirements. A. The total number of billboard faces within unincorporated King County shall not exceed the total number of billboard faces existing on ,tune 20, 1988, except as provided in K_C.C. 21A.20.160E. In addition, the total number of existing billboard faces within each zone permitting billboards shall not be exceeded except as provided in K.C.C. 21A.20.150. 21 A-178 (King County 6-2006) DEVELOPMENT STANDARDS - SIGNS 21A.20.140 - 21A.20.160 B. In the event that portions of unincorporated King County annex to incorporated cities or towns or incorporate after June 20, 1988, the total number of allowable billboard faces shall be decreased by the number of faces existing in such areas on the effective date of annexation or incorporation. C. As soon as practical after June 20, 1988, the county shall compile an inventory of existing billboards within the county_ Until the inventory is completed, no billboard shall be erected, modified, or relocated, nor shall King County issue any permits. Following completion of the inventory, the county shall grant a billboard permit for each existing billboard reflecting the location, size, height, zoning, and the degree of conformity with the requirements of this chapter. Only inventoried billboards may be subsequently issued billboard alteration or relocation permits. Billboard owners can accelerate the inventory process by providing the necessary inventory information for their billboards. If owners have provided necessary inventory information for all billboards in their ownership, the county shall release billboard permits for that ownership, regardless of the degree of completion of the remainder of the inventory. (Ord. 10870 § 434, 1993). 21A.20.150 Billboards: Special restrictions in the CB zone. A. In the event that a billboard owner elects to relocate CB zoned billboards outside of the CB zone, the CB zone designation shall be removed and that permit may not later be used to relocate a billboard in the CB zone. B. Billboards may be relocated only within the zone district identified on the valid billboard permit, except the number of billboards permitted within non -CB zone district may increase only as a result of billboard relocation from within the CB zone district. (Ord. 10870 § 435, 1993). 21A.20.160 Billboards: Alteration or relocation limitations. A. Except as provided in K.C.C, 21A20.160D, billboards shall not be altered with regard to size, shape, orientation, height, or location without the prior issuance of a billboard alteration or relocation permit. All such permits shall require full compliance with the provisions of K.C.C. 21A.20.130 -.180. B. There shall be no time limit on the eligibility to alter or relocate inventoried billboards; however, individual alteration and relocation permits shall expire if the approved modifications are not completed within one year of permit issuance. Any project not completed within this period shall be placed in a holding category until a new permit is issued by King County, and no further work on the subject billboard shall occur until a permit is issued. C. Relocation of inventoried billboards shall also require the issuance of a demolition permit for the removal of the existing billboard. Billboard demolitions shall be completed within 90 days of permit issuance and prior to installation of the relocated billboard. D. Ordinary and necessary repairs which do not change the size, shape, orientation, height, or location of an inventoried billboard shall not require alteration permits. Billboard copy replacement may occur at any time and is exempt from the requirement for alteration permits, provided: 1. New Type II billboard faces do not exceed the size of previously inventoried faces, or 2. New Type I billboard faces may only exceed the size of the previously inventoried face with temporary cut-out extensions if the billboard is otherwise conforming, and if the extensions do not exceed a total of 125 square feet. Any extension shall be removed with the next change of billboard copy. E_ Single Type I billboard faces may be replaced with two side -by -side Type Il billboard faces, and likewise two side -by -side Type Il billboard faces may be replaced with a single Type I billboard face, provided each resulting billboard face complies with the location and height standards of K.C.C. 21A20.130. F. Any location or orientation alteration of billboards conforming to the provisions of K.C.C_ 21A.20.130 - .180 shall be accompanied by the alteration or relocation of an equal number of billboards under the control of the same applicant which do not fully conform to these provisions, if any nonconforming billboards exist. Whenever more than one nonconforming billboard exists under a single ownership, they shall be made conforming in the following order 1. Billboards deemed nonconforming pursuant to K.C.C. 21A.20.170; 2. Billboards located in zones which do not allow billboards; 3. Billboards located in billboard free areas; 4. Billboards located in the CB zone district; and 5. Any other nonconforming billboard. (Ord. 10870 § 436, 1993). 21A--179 (King County 6-2006) 21A20.170 - 21A.20.190 ZONING 21A.20.170 Billboards: View and vegetative screening protections. A. Notwithstanding any other provision of K.C.C. 21A20.130 - .180 or other applicable laws or regulations, no billboard shall be located or oriented in a manner that is within the direct line -of -sight of views of Mt. Rainier, Mt. Baker, the Olympic Mountains, Puget Sound, or any lake or river from adjacent public roadways. All applications for billboard alteration or relocation shall be certified by the applicant as meeting this provision, Any billboard subsequently found to violate this provision shall be deemed nonconforming and shall be required to become the next nonconforming billboard relocated pursuant to K.C.C. 21A.20.160F. 8, Notwithstanding any other provision of K.C.C. 21A.20.130 - .180 or other applicable law or regulation, no billboard owner or his agent shall remove, cut, or otherwise alter any vegetative screening on public property or private landscaping required by code as a condition of permit approval in order to improve the visibility of a nearby billboard. Should such an alteration occur, any billboard so benefited shall be deemed nonconforming and shall be required to become the next nonconforming billboard relocated pursuant to K.C.C. 21A.20.160F. (Ord. 11157 § 19, 1993: Ord. 10870 § 437, 1993). 21A.20.180 Billboard free areas. A. Notwithstanding any other provision of K.C.C. 21A.20.130 -.180, no billboard shall be relocated in any of the following areas: 1. Sites listed in either the Washington State or National Register of Historic Places or on sites designated as county landmarks or community landmarks; 2. Open space and scenic resource sites identified in the adopted King County Open Space Plan; 3. Between any sites identified in Sections 21A.20.180A.1 or 21A.20,180A.2 and the nearest adjacent public roadways; 4. Within 660 feet of any state or county park; 5. Redondo Beach Road and Redondo Way from Redondo Beach Road to 13th Avenue South; 6. South 292nd Street from 65th Avenue South to State Highway 181; 7. The south and east side of State Highway 522 from Northeast 149th Street to 68th Avenue Northeast; 8. Northeast 175th Street from 61st Avenue Northeast to 68th Avenue Northeast; 9, Rainier Avenue South from the Renton city limits to the Seattle city limits; 10. South 188th Street and Orillia Road South from 46th Avenue South to Military Road South; and 11. Within 300 feet of the intersection of South 144th Street and 51st Avenue South, B. After June 20, 1988, any billboard located in a designated billboard free area shall be deemed nonconforming and shall be relocated pursuant to K.C.C. 21A.20.160F. (Ord. 10870 § 438, 1993). 21A.20.190 Community identification signs. Community identification signs are permitted subject to the following provisions: A. Only Unincorporated Activity Centers or Rural Towns, designated and delineated by the Comprehensive Plan, or specific geographic areas (communities) recognized and delineated by a recognized unincorporated area council, are eligible to be identified with community identification signs. Identification signs for Unincorporated Activity Centers or Rural Towns shall be placed along the boundaries identified by the Comprehensive Plan. Identification signs for specific geographic areas (communities) recognized and delineated by a recognized unincorporated area council shall be placed along the boundaries delineated by the unincorporated area council. B. Two types of community identification signs are permitted. Primary signs are intended to mark the main arterial street entrances to a designated community, Unincorporated Activity Center or Rural Town. Auxiliary signs are intended to mark entrances to a designated community, Unincorporated Activity Center or Rural Town along local access streets. 21 A-180 (King County 6-2006) DEVELOPMENT STANDARDS - SIGNS 21A.20.190 C. Primary signs are subject to the following provisions: 1. No more than four primary signs shall be allowed per Unincorporated Activity Center, Rural Town or designated community, unless a recognized unincorporated area council permits up to two additional primary signs. 2. Each primary sign shall be no more than thirty-two square feet in area and no more than six feet in height, except that a recognized unincorporated area council may permit consolidation of two primary signs into one larger sign no more than sixty-four square feet in area and no more than fifteen feet in height, to be located only in commercialfindustrial zones. 3. Primary signs shall only be located along arterial streets, outside of the right-of-way. D. Auxiliary community identification signs are subject to the following provisions: 1. There shall be no limits on the number of auxiliary community identification signs allowed per Unincorporated Activity Center, Rural Town, or designated community. 2. Each auxiliary sign shall be no more than two (2) square feet, and shall be located only outside of the right-of-way. E. No commercial advertisement shall be permitted on either primary or auxiliary signs except as follows: 1. When located on property within the RA, UR, R1-8 and R12-48 zones, signs may have a logo or other symbol of a community service or business group (e.g. Kiwanis, Chamber of Commerce, etc.) sponsoring construction of the signs(s)_ Any permitted logo or symbol shall be limited to an area of no more than two square feet on primary signs and no more than seventy-two square inches on auxiliary signs; or 2. When located on properties within the NB, CB, RB, O and I zones, signs may have a logo or other symbol of the company, community service or business group sponsoring construction of the sign(s). Any permitted logo or symbol shall be limited to an area of no more than four square feet on primary signs and no more than seventy-two square inches on auxiliary signs. F. Community identification signs shall be exempt from the provisions of K.C.C. 21A.20.060.A that require signs to be on -premise. (Ord. 13022 § 26, 1998). 21A-181 BLANK 21A--182 (King County 6-2006) i7 2 a rn �o a N N DEVELOPMENT STANDARDS - MINERAL EXTRACTION Chapter 21A.22 DEVELOPMENT STANDARDS - MINERAL EXTRACTION Sections: 21A.22.010 Purpose. 21A.22.020 Applicability of chapter. 21A.22.030 Grading permits required. 21A.22.035 Community meeting. 21A22.040 Nonconforming mineral extraction operations. 21A.22,050 Periodic review. 21A.22.060 Site design standards. 21A.22.070 Operating conditions and performance standards. 21A.22.081 Reclamation, 21A22.085 Mitigation and monitoring. 21A.22.090 Financial guarantees_ 21 A-183 21 A.22 BLANK 21 A-184 (King County 6-2006) DEVELOPMENT STANDARDS - MINERAL EXTRACTION 21A.22.010 - 21A.22.040 21A.22.010 Purpose. The purpose of this chapter is to establish standards that minimize the impacts of mineral extraction and materials processing operations upon surrounding properties by: A. Ensuring adequate review of operating aspects of mineral extraction and materials processing sites; B. Requiring project phasing on large sites to minimize environmental impacts; C. Requiring minimum site areas large enough to provide setbacks and mitigations necessary to protect environmental quality; and D. Requiring periodic review of mineral extraction and materials processing operations to ensure compliance with the approved operating standards. (Ord. 15032 § 23, 2004: Ord. 11157 § 20, 1993: Ord. 10870 § 439, 1993). 21A.22.020 Applicability of chapter. This chapter shall only apply to uses or activities that are mineral extraction or materials processing operations, (15032 § 24, 2004: Ord. 10870 § 440, 1993). 21A.22.030 Grading permits required. Extractive operations and materials processing operations shall commence only after issuance of a grading permit. (15032 § 25, 2004: Ord, 10870 § 441, 1993). [Grading. See K. C. C. chapter 16.82] 21A.22.035 Community meeting. A. Not later than thirty days after the department provides the notice of application to the public required by K_C_C_ 20.20.060 on a mineral extraction or materials processing site or for an expansion of an existing mineral extraction or materials processing site or operation beyond the scope of the prior environmental review, the applicant shall hold a community meeting. The notice of application shall include notification of the date, time and location of the community meeting. At the meeting, the applicant shall provide information relative the proposal, including information on existing residences and lot patterns within one -quarter mile of potential sites and on alternative haul routes. The applicant shall also provide a preliminary evaluation at the meeting of any alternative routes that have been provided to the applicant in writing at least five days in advance of the meeting_ The applicant shall provide to the department within fourteen days after the community meeting a written list of meeting attendees and documentation of the meeting. B. Public notice of the community meeting required by this section shall be prepared, posted and distributed in accordance with K.C.C_ 20,20.060 at least two weeks before the community meeting_ In addition, the department shall: 1. Publish a notice of the meeting in a local newspaper of general circulation in the affected area; 2. Mail the notice of the meeting to the unincorporated area council serving the area where the site is located; and 3. Mail the notice of the meeting to all property owners within one -quarter mile of the proposed or expanded site or to at least twenty of the property owners nearest to the site, whichever is greater; and 4. Mail the notice of the meeting to all property owners within five hundred feet of any proposed haul route from the site to the nearest arterial. (15032 § 26, 2004) 21A.22.040 Nonconforming mineral extraction operations. To the maximum extent practicable, nonconforming mineral extraction operations shall be brought into conformance with the operating conditions and performance standards of this chapter during permit renewal. The department shall establish a schedule for conformance during the first periodic review of the nonconforming mineral extraction operation and incorporated into the permit conditions, (15032 § 27, 2004: Ord_ 10870 § 442, 1993). 21 A--185 (King County 6-2006) 21A.22.050 - 21A22.060 ZONING 21A.22.050 Periodic review. A. In addition to the review- conducted as part of the annual renewal of a mineral extraction operating permit or materials processing permit, the department shall conduct a periodic review of mineral extraction and materials processing operation site design and operating standards at five-year intervals. B. The periodic review is a Type 2 land use decision- C. The periodic review shall determine: 1. Whether the site is operating consistent with all existing permit conditions; and 2. That the most current site design and operating standards are applied to the site through additional or revised permit conditions as necessary to mitigate identifiable environmental impacts. (Ord 15032 § 28, 2004: Ord. 11157 § 21, 1993: Ord. 10870 § 443, 1993). 21A.22.060 Site design standards. Except as otherwise provided for nonconforming mineral extraction operations in K.C.C_ 21A22.040, in addition to requirements in this title, all mineral extraction and materials processing operations shall comply with the following standards: A. The minimum site area of a mineral extraction or materials processing operation shall be ten acres; B. Mineral extraction or materials processing operations on sites larger than twenty acres shall occur in phases to minimize environmental impacts. The size of each phase shall be determined during the review process; C. If the department determines they are necessary to eliminate a safety hazard, fences or alternatives to fences approved by the department, shall be: 1. Provided in a manner that discourages access to areas of the site where: a. active extracting, processing, stockpiling and loading of materials is occurring; b. boundaries are in common with residential or commercial zone property or public lands; or c. any unstable slope or any slope exceeding a grade of forty percent is present.- 2. At least six feet in height above the grade measured at a point five feet outside the fence and the fence material shall have no opening larger than two inches; 3. Installed with lockable gates at all openings or entrances; 4. No more than four inches from the ground to fence bottom; and 5. Maintained in good repair; D. Waring and trespass signs advising of the mineral extraction or materials processing operation shall be placed on the perimeter of the site adjacent to RA, UR or R zones at intervals no greater than two hundred feet along any unfenced portion of the site where the items noted in subsection CA.a. through c. of this section are present; E. Structural setbacks from property lines shall be as follows: 1 _ Buildings, structures and stockpiles used in the processing of materials shall be no closer than: a. one hundred feet from any residential zoned properties except that the setback may be reduced to fifty feet when the grade where such building or structures are proposed is fifty feet or greater below the grade of the residential zoned property; b. fifty feet from any other zoned property, except when adjacent to another mineral extraction or materials processing site; c. the greater of fifty feet from the edge of any public street or the setback from residential zoned property on the far side of the street; and 2. Offices, scale facilities, equipment storage buildings and stockpiles, including those for reclamation, shall not be closer than fifty feet from any property line except when adjacent to another mineral extraction or materials processing site or M or F zoned property. Facilities necessary to control access to the site, when demonstrated to have no practical alternative, may be located closer to the property line; F. On -site clearing, grading or excavation, excluding that necessary for required access, roadway or storm drainage facility construction or activities in accordance with an approved reclamation plan, shall 21 A-186 not be permitted within fifty feet of any property line except along any portion of the perimeter adjacent to another mineral extraction or materials processing operation or M or F zoned property. If native vegetation is restored, temporary disturbance resulting from construction of noise attenuation features located closer than fifty feet shall be permitted; (King County 6-2006) DEVELOPMENT STANDARDS - MINERAL EXTRACTION 21A22.060 - 21A.22.070 G. Landscaping consistent with type 1 screening K.C.C. chapter 21A.16, except using only plantings native to the surrounding area, shall be provided along any portion of the site perimeter where disturbances such as site clearing and grading, or mineral extraction or materials processing is performed, except where adjacent to another mineral extraction, materials processing or forestry operation or M or F- zoned property; H. Relevant clearing and grading operating standards from K.C.C. chapter 16.82 shall be applied; and 1. Lighting shall: 1, Be limited to that required for security, lighting of structures and equipment, and vehicle operations; and 2. Not directly glare onto surrounding properties. (Ord. 15032 § 29, 2004. Ord. 11621 § 67, 1994: 11157 § 22, 1993: Ord. 10870 § 444, 1993). 21A.22.070 Operating conditions and performance standards. Operating conditions and performance standards shall be as specified in K.C.C. chapter 16.82 except: A. Noise levels produced by a mineral extraction or materials processing operation shall not exceed levels specified by K.C.C. chapters 12.86, 12,87, 12.88, 12.90, 12.91, 12.92, 12.94, 12.96, 12,98, 12.99 and 12,100;. B. Blasting shall be conducted under an approved blasting plan: 1. Consistent with the methods specified in the office of surface mining, 1987 Blasting Guidance Manual in a manner that protects from damage all structures, excluding those owned and directly used by the operator, and persons in the vicinity of the blasting area, including, but not limited to, adherence to the following: a. Airblast levels shall not exceed one hundred thirty-three dBL measured by a two Hz or lower flat response system at the nearest residential property or place of public assembly; b. Flyrock shall not be cast one-half the distance to the nearest residential property, place of public assembly or the property boundary, whichever is less; and c. Ground motion shall not exceed ground vibration levels damaging to structures using one of the four accepted methods in the Blasting Guidance Manual; 2. During daylight hours; and 3. According to a time schedule, provided to residents within one-half mile of the site, that features regular or predictable times, except in the case of an emergency. If requested by a resident, the operator shall provide notice of changes in the time schedule at least twenty four hours before the changes take effect; C.1. Dust and smoke produced by mineral extraction and materials processing operations shall be controlled by best management practices to comply with relevant regulations of the Puget Sound Clean Air Agency. 2. Dust and smoke from process facilities shall be controlled in accordance with a valid operating permit from the Puget Sound Clean Air Agency. Copies of the permit shall be kept onsite and available for department and public inspection. Copies of the Puget Sound Clean Air Agency monitoring results shall be provided to the department on permit monitoring data submittal dates. 3. Dust and smoke from process facilities shall not significantly increase the existing levels of suspended particulates at the perimeter of the site; D. The applicant shall prevent rocks, dirt, mud and any raw or processed material from spilling from or being tracked by trucks onto public roadways and shall be responsible for cleaning debris or repairing damage to roadways caused by the operation; E. The applicant shall provide traffic control measures such as flaggers or warning signs as determined by the department during all hours of operation; 21 A-187 (King County 6-2006) 21A.22.070 - 21A.22.081 ZONING F. The operator shall control surface water and site discharges to comply with K.C.C. chapter 9.04 and the surface water design manual and K.C.C. chapter 9.12 and the stormwater pollution prevention manual. For the life of the mineral resource operation and until site reclamation is complete, the operator shall maintain a valid Washington state department of ecology National Pollutant Discharge Elimination System individual permit or maintain coverage under the sand and gravel general permit. The operator shall keep onsite and available for department review copies of the erosion and sediment control plan, the applicable National Pollution Discharge Elimination System individual or general permit and the Stormwater Pollution Prevention Plan. The operator shall make the plans and permit available for public inspection upon request. The operator shall provide to the department copies of the monitoring results on permit monitoring data submittal dates. The department shall make the monitoring results available for public inspection. If the department determines that National Pollution Discharge Elimination System monitoring frequency or type is not adequate to meet the demands of the site and the requirements of this subsection, the department may require more frequent and detailed monitoring and may require a program designed to bring the site into compliance; G. The operator shall not excavate below the contours determined through hydrologic studies necessary to protect groundwater and the upper surface of the saturated groundwater that could be used for potable water supply; H. If contamination of surface or ground water by herbicides is possible, to the maximum extent practicable, mechanical means shall be used to control noxious weeds on the site; I. Upon depletion of mineral resources or abandonment of the site, the operator shall remove all structures, equipment and appurtenances accessory to operations; and J_ If the operator fail to comply with this section, the department shall require modifications to operations, procedures or equipment until compliance is demonstrated to the satisfaction of the department. If the modifications are inconsistent with the approved permit conditions, the department shall revise the permit accordingly. (Ord. 15032 § 30, 2004: Ord. 11621 § 69, 1994: Ord. 10870 § 445, 1993). 21A.22.081 Reclamation A. A valid clearing and grading permit shall be maintained on a mineral extraction site until the reclamation of the site required under chapter 78.44 RCW is completed. B. A reclamation plan approved in accordance with chapter 78.44 RCW shall be submitted before the effective date of a zone reclassification in Mineral -zoned properties or the acceptance of any development proposal for a subsequent use in Forest -zoned properties. The zone reclassification shall grant potential zoning that is only to be actualized, under K.C.C. chapter 20.24, upon demonstration of successful completion of all requirements of the reclamation plan. Development proposals in the Forest zone for uses subsequent to mineral extraction operations shall not be approved until demonstration of successful completion of all requirements of the reclamation plan except that forestry activities may be permitted on portions of the site already fully reclaimed. C. Mineral extraction operations that are not required to have an approved reclamation plan under chapter 78.44 RCW shall meet the following requirements: 1_ Upon the exhaustion of minerals or materials or upon the permanent abandonment of the quarrying or mining operation, all nonconforming buildings, structures, apparatus or appurtenances accessory to the quarrying and mining operation shall be removed or otherwise dismantled to the satisfaction of the director; 2. Final grades shall: a. be such so as to encourage the uses permitted within the primarily surrounding zone or, if applicable, the underlying or potential zone classification; and 21A-188 b. result in drainage patterns that reestablish natural conditions of water velocity, volume, and turbidity within six months of reclamation and that precludes water from collecting or becoming stagnant. Suitable drainage systems approved by the department shall be constructed or installed where natural drainage conditions are not possible or where necessary to control erosion. All constructed drainage systems shall be designed consistent with the Surface Water Design Manual, - (King County 6-2006) DEVELOPMENT STANDARDS - MINERAL EXTRACTION 21A.22,081 - 21A.22.090 3. All areas subject to grading or backfilling shall: a. incorporate only nonnoxious, nonflammable, noncombustible and nunputrescible solids; and b. except for roads and areas incorporated into drainage facilities, be surfaced with soil of a quality at least equal to the topsoil of the land areas immediately surrounding, and to a depth of the topsoil of land area immediately surrounding six inches, whichever is greater. The topsoil layer shall have an organic matter content of eight to thirteen percent and a pH of 6.0 to 8.0 or matching the pH of the original undisturbed soil layer. Compacted areas such as pit floors or compacted fill shall be tilled or scarified prior to topsoil placement; 4. All reclaimed slopes shall comprise an irregular sinuous appearance in both profile and plan view and blend with adjacent topography to a reasonable extent; 5. Where excavation has penetrated the seasonal or permanent water table creating a water body or wetland: a. All side slopes below the permanent water table and banks shall be graded or shaped as to not constitute a safety hazard; b. Natural features and plantings to provide beneficial wetland functions and promote wildlife habitat shall be provided; and c. Appropriate drainage controls shall be provided to stabilize the water level and not create potential flooding hazards; 6. All cleared, graded or backfilled areas, including areas surfaced with topsoil, shall be planted with a variety of trees, shrubs, legumes and grasses indigenous to the surrounding area and appropriate for the soil, moisture and exposure conditions; 7. Waste or soil piles shall be used for grading, backfilling or surfacing if permissible under this section, then covered with topsoil and planted in accordance with subsection C.3. and 6. of this section. Waste or soil piles not acceptable to be used for fill in accordance with this chapter or as top soil in accordance with subsection C.3, of this section shall be removed from the site; and 8. Where excavation has exposed natural materials that may create polluting conditions, including but not limited to acid-forming coals and metalliferous rock or soil, such conditions shall be addressed to the satisfaction of the department. The final ground surface shall be graded so that surface water drains away from any such materials remaining on the site. D. The department may modify any requirement of this section when not applicable or if it conflicts with an approved subsequent use for the site. (Ord. 15032 § 32, 2004; Ord. 14199 § 223, 2001: Ord. 3108 § 9, 1977: Ord. 1488 § 12, 1973. Formerly 16.82.110). 21A.22.085 Mitigation and monitoring. The applicant shall mitigate adverse impacts resulting from the extraction or processing operations and monitor to demonstrate compliance with this chapter_ (Ord. 15032 § 34, 2004). 21A.22_090 Financial guarantees. Financial guarantees shall be required consistent with K.C.C. Title 27A. (Ord. 15032 § 35, 2004: Ord_ 12020 § 53, 1995: Ord. 11157 § 24, 1991 Ord. 10870 § 447, 1993). 21 A---189 BLANK 21 A-190 (King County 6-2006) 21A-191 2 a m N s a N CRITICAL AREAS 21A_24 Chapter 21A.24 CRITICAL AREAS (Formerly Environmentally Sensitive Areas) Sections: 21A24.010 Purpose. 21A.24.020 Applicability_ 21A.24.030 Appeals. 21A.24.040 Rules. 21A.24.045 Allowed alterations. 21A.24.051 Agricultural activities development standard. 21A24.055 Rural stewardship plans. 21A.24.061 Public rules for rural stewardship and farm management plans. 21A,24,065 Basin and Shoreline Conditions Map. 21A.24.070 Alteration exception. 21A.24.090 Disclosure by applicant. 21A.24.100 Critical area review. 21A.24.110 Critical area report requirement. 21A.24.125 Avoiding impacts to critical areas. 21A.24.130 Mitigation and monitoring. 21A.24.133 Off -site mitigation. 21A.24.137 Resource mitigation reserve. 21A.24.140 Financial guarantees. 21A.24.160 Critical area markers and signs. 21A.24.170 Notice of critical areas. 21A24.180 Critical area tracts and designations on site plans. 21A.24.200 Building setbacks. 21A.24205 Coal mine hazard areas —classifications. 21A.24.210 Coal mine hazard areas — development standards and alterations. 21A.24,220 Erosion hazard areas — development standards and alterations. 21A.24.230 Flood hazard areas —components. 21A24.240 Zero -rise flood fringe --- development standards and alterations. 21A.24.250 Zero -rise floodway — development standards and alterations. 21A.24.260 FEMA floodway— development standards and alterations. 21A.24.270 Flood hazard areas — certification by engineer or surveyor. 21A.24.275 Channel migration zones ---development standards and alterations. 21A.24.280 Landslide hazard areas — development standards and alterations. 21A24290 Seismic hazard areas — development standards and alterations. 21A.24.300 Volcanic hazard areas — development standards and alterations. 21A.24.310 Steep slope hazard areas — development standards and alterations, 21A,24.311 Critical aquifer recharge areas — maps adopted. 21A.24.312 Critical aquifer recharege areas — reciassification or declassification. 21A.24.313 Critical aquifer recharge areas —categories. 21A.24.314 Critical aquifer recharge areas — King County Code provisions adopted — Washington state underground tank provisions implemented. 21A.24.315 Board of Health regulations adopted. 21A.24.316 Critical aquifer recharge areas — development standards. 21A.24,318 Wetlands — categories. 21A24.325 Wetlands — buffers_ 21A.24.335 Wetlands — development standards and alterations. 21A24.340 Wetlands — specific mitigation requirements. 21A,24.342 Wetlands — agreement to modify mitigation ratios. 21A.24.345 Specific mitigation requirements —wetland mitigation banking. 21A.24.355 Aquatic areas — water types. 21A24.358 Aquatic areas — buffers. 21A.24.365 Aquatic areas — development standards and alterations. (King County 6-2006) 21 A-191 21A.24 ZONING 21A24.380 Aquatic areas — specific mitigation requirements_ 21A.24,382 Wildlife habitat conservation areas — development standards. 21A.24.383 Wildlife habitat conservation areas — modification. 21A.24.385 Wildlife habitat networks — applicability_ 21A.24.386 Wildlife habitat networks —development standards and alterations. 21A.24.388 Wildlife habitat conservation areas and wildlife networks — specific mitigation requirements_ 21A.24.390 Critical areas mitigation fee — creation of fund. 21A.24.400 Critical areas mitigation fee —Source of funds. 21A.24.410 Critical areas mitigation fee— use of funds. 21A24.420 Critical areas mitigation fee--- investment of funds. 21A.24.500 Critical area designation. 21A.24.505 Conversion of designated critical areas. 21A.24.510 Septic system design and critical area designation. 21A.24.515 Wetland monitoring study. 21A.24.520 Buffer modifications to achieve zoned density. 21A.24.530 Vesting period for lots in final short plats. 21A.24.540 Reliance upon standards established through critical area review of a previously approved conditional use permit. 21A.24.550 Consolidated site review for single-family residential development. 21A.24.560 Vesting of an approved on -site sewage disposal system. (King County 6-2006) 21 A-192 CRITICAL AREAS 21A.24.010 - 21A.24.040 21A.24.010 Purpose. The purpose of this chapter is to implement the goals and policies of the Growth Management Act, chapter 3670A RCW, Washington state Environmental Policy Act, chapter 4321C RCW, and the King County Comprehensive Plan, which call for protection of the natural environment and the public health and safety by: A. Establishing development and alteration standards to protect functions and values of critical areas; B. Protecting members of the general public and public resources and facilities from injury, loss of life, property damage or financial loss due to flooding, erosion, avalanche, landslides, seismic and volcanic events, soil subsidence or steep slope failures; C. Protecting unique, fragile and valuable elements of the environment including, but not limited to, fish and wildlife and their habitats, and maintaining and promoting countywide native biodiversity; D. Requiring mitigation of unavoidable impacts to critical areas, by regulating alterations in or near critical areas; E. Preventing cumulative adverse environmental impacts on water availability, water quality, ground water, wetlands and aquatic areas; F. Measuring the quantity and quality of wetland and aquatic area resources and preventing overall net loss of wetland and aquatic area functions; G. Protecting the public trust as to navigable waters, aquatic resources, and fish and wildlife and their habitat; H. Meeting the requirements of the National Flood Insurance Program and maintaining King County as an eligible community for federal flood insurance benefits; I. Alerting members of the public including, but not limited to, appraisers, owners, potential buyers or lessees to the development limitations of critical areas; and J. Providing county officials with sufficient information to protect critical areas. (Ord. 15051 § 131, 2004: Ord. 11621 § 69, 1994: 10870 § 448, 1993)_ 21A.24.020 Applicability. A. This chapter applies to all land uses in King County, and all persons within the county shall comply with this chapter. B. King County shall not approve any permit or otherwise issue any authorization to alter the condition of any land, water or vegetation or to construct or alter any structure or improvement without first ensuring compliance with this chapter. C. Approval of a development proposal in accordance with this chapter does not discharge the obligation of the applicant to comply with this chapter. D. When any other chapter of the King County Code conflicts with this chapter or when the provisions of this chapter are in conflict, the provision that provides more protection to environmentally critical areas apply unless specifically provided otherwise in this chapter or unless the provision conflicts with federal or state laws or regulations. E. This chapter applies to all forest practices over which the county has jurisdiction under chapter 76.09 RCW and Title 222 WAC. (Ord. 15051 § 132, 2004: Ord. 10870 § 449, 1993). 21A.24.030 Appeals. An applicant may appeal a decision to approve, condition or deny a development proposal based on K.C.C. chapter 21A.24 according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. (Ord_ 15051 § 133, 2004: Ord. 10870 § 450, 1993). 21A.24.040 Rules. Applicable departments within King County are authorized to adopt, in accordance with K.C.C. chapter 2.98, such public rules and regulations as are necessary and appropriate to implement K.C.C. chapter 21A.24 and to prepare and require the use of such forms as are necessary to its administration. (Ord. 15051 § 134, 2004: Ord. 10870 § 451, 1993). (King County 6-2007) 21 A-193 21A.24.045 ZONING 21A.24.D45 Allowed alterations. A. Within the following seven critical areas and their buffers all alterations are allowed if the alteration complies with the development standards, mitigation requirements and other applicable requirements established in this chapter: 1. Critical aquifer recharge area, 2. Coal mine hazard area; 3. Erosion hazard area; 4. Flood hazard area except in the severe channel migration hazard area; 5. Landslide hazard area under forty percent slope; 6. Seismic hazard area; and 7. Volcanic hazard areas. B. Within the following seven critical areas and their buffers, unless allowed as an alteration exception under K_C.C. 21A.24.070, only the alterations on the table in subsection C_ of this section are allowed if the alteration complies with conditions in subsection D. of this section and the development standards, mitigation requirements and other applicable requirements established in this chapter.- 1 . Severe channel migration hazard area; 2. Landslide hazard area over forty percent slope; 3. Steep slope hazard area; 4. Wetland; 5. Aquatic area; 6. Wildlife habitat conservation area; and 7_ Wildlife habitat network. C. In the following table where an activity is included in more than one activity category, the numbered conditions applicable to the most specific description of the activity governs. Where more than one numbered condition appears for a listed activity, each of the relevant conditions specified for that activity within the given critical area applies. For alterations involving more than one critical area, compliance with the conditions applicable to each critical area is required. (King County 6-2007) 21 A-194 CRITICAL AREAS 21 A.24.045 KEY Letter "A" in a cell means alteration is allowed L O S A W B A B C W A A V T N E U {Q U H I N A number in a cell means N E E D T F U F A L ❑ the corresponding D R E L F A F N D numbered condition in S P B A E T E N L N subsection D. applies L 40% U N R I R E I E I S F D C L F T "Wildlife area and network" D A L F A E W column applies to both E N O E A A N M O Wildlife Habitat D P R N R D I A R Conservation Area and H E D E G R K Wildlife Habitat Network A 8 A S R E Z U H E A A A F A A V T R F Z N E I ❑ E A D R O R R E N ACTIVITY D Structures Construction of new single detached A 1 A 2 dwelling unit Construction of nonresidential A 3 A 3 A 3,4 structure Maintenance or repair of existing A 5 A A A A 4 structure Expansion or replacement of A 6, 7 A 5,7 A 7,8 A 6, 7, 8 A4,7 existing structure Interior remodeling A A A A A Construction of new dock or pier A 9 A 9, 10, 11 Maintenance, repair or replacement A 12 A 10, 11 A 4 of dock or pier Grading Grading A 13 A 14 A 4,14 Construction of new slope A 15 A 15 A 15 A 15 A 4, 15 stabilization Maintenance of existing slope A 16 A 13 A 17 A 16, 17 A 4 stabilization Mineral extraction A A Clearing Clearing A 18 A 18,19 A 18, 20 A 14, 18, 20 A 4, 14, 18, 20 Cutting firewood A 21 A 21 A 21 A 4, 21 Removal of vegetation for fire safety A 22 A 22 A 4, 22 Removal of noxious weeds or A 23 A 23 A 23 A 23 A 4.23 invasive vegetation Forest Practices Nonconversion Class IV-G forest A 24 A 24 A 24 A 24 A 24, 25 practice Class I, ll, III, IV-S forest practice A A A A A (King County 6-2006) 21 A-195 21 A.24.045 ZONING Roads Construction of new public road A 26 A 26 right-of-way structure on unimproved right-of-way Maintenance of public road right -of- A 16 A 16 A 16 A 16 A 16, 27 way structure Expansion beyond public road right- A A A 26 A 26 of way structure Repair, replacement or modification A 16 A 16 A 16 A 16 A 16, 27 within the roadway Construction of driveway or private A 28 A 28 A 28 A 28 A 28 access road Construction of farm field access A 29 A 29 A 29 A 29 A 29 drive Maintenance of driveway, private A A A 17 A 17 A 17, 27 access road or farm field access drive Brid es or culverts Maintenance or repair of bridge or A 16, 17 A 16, 17 A 16, 17 A 16, 17 A 16, 17, 27 culvert Replacement of bridge or culvert A 16 A 16 A 16 A 16, 30 A 16, 27 Expansion of bridge or culvert A A A 31 A 31 A 4 Utilities and other infrastructure Construction of new utility corridor or A 32, 33 A 32, 33 A 32, 34 A 32, 34 A 27, 32, 35 utility facility Maintenance, repair or replacement A 32, 33 A 32, 33 A 32, 34, 36 A 32, 34, 36 A 4, 32, 37 of utility corridor or utility facili Maintenance or repair of existing A 37 A 37 A 37 A 37 A 4, 37 well Maintenance or repair of on -site A A A A 37 A 4 sewage disposal system Construction of new surface water A 33 A 33 A 38 A 32, 39 A 4 conveyance system Maintenance, repair or replacement A 33 A 33 A 16, 32, 39 A 16, 40, 41 A 4, 37 of existing surface water conveyance system Construction of new surface water A 32 A 32 A 4, 32 flow control or surface water duality treatment facility Maintenance or repair of existing A 16 A 16 A 16 A 16 A 4 surface water flow control or surface water_quality treatment facility Construction of new flood protection A 42 A 42 A 27, 42 facility Maintenance, repair or replacement A 33,43 A 33, 43 A 43 A 43 A 27, 43 of flood protection facil- Construction of new instream A 16 A 16 A 16 A 16, 44, 45 A 4, 16, 44, structure or instream work 45 Maintenance or repair of existing A 16 A A A A 4 instream structure (King County 6-2006) 21 A-196 CRITICAL AREAS 21 A.24.045 Recreation areas Construction of new trail A 46 A 46 A 47 A 47 A 4, 47 Maintenance of outdoor public park A 48 A 48 A 48 A 48 A 4, 48 facility, trail or publicly improved recreation area Habitat and science projects Habitat restoration or enhancement A 49 A 49 A 49 A 49 A4,49 project Scientific sampling for salmonids A 50 A 50 A 50 Drilling and testing for critical areas A 51 A 51 A 51, 52 A 51, 52 A 4 report Agriculture Horticulture activity including tilling, A 53 A 53 A 53, 54 A 53, 54 A 53, 54 discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity Grazing livestock A 53 A 53 A 53, 54 A 53, 54 A 53, 54 Construction or maintenance of A 53, 54, 55 A 53, 54, 55, A 53, 54 livestock manure storage facility 56 Construction or maintenance of A A 56 livestock flood sanctuary Construction of agricultural drainage A 57 A 57 A 4, 57 Maintenance of agricultural drainage A 58 A 58 A 53, 54, 58 53, 54, 58 A 4, 53, 54, 58 Construction or maintenance of A 53 A 53 A 53, 54 A 53, 54 A 53, 54 farm pond, fish pond or livestock watering and Other Excavation of cemetery graves in A A A A A established and approved cemetery Maintenance of cemetery graves A A A A A Maintenance of lawn, landscaping A 59 A 59 A 59 A 59 A 59 or gardening for personal consumption L.Maintenance of golf course A 17 A 17 A 17 A 17 A4,17 U. The tollowing alteration conditions apply: 1. Limited to farm residences in grazed or tilled wet meadows and subject to the limitations of subsection D,3. of this section. 2. Allowed in a buffer of a lake that is twenty acres or larger on a lot that was created before January 1, 2005, if: a. at least seventy-five percent of the lots abutting the shoreline of the lake or seventy-five percent of the lake frontage, whichever constitutes the most developable lake frontage, has existing density of four dwelling units per acre or more; b. the development proposal, including mitigation required by this chapter, will have the least adverse impact on the critical area; c. existing native vegetation within the critical area buffer will remain undisturbed except as necessary to accommodate the development proposal and required building setbacks; d_ access is located to have the least adverse impact on the critical area and critical area buffer; e. the alteration is the minimum necessary to accommodate the development proposal and in no case in excess of a development footprint of five thousand square feet; (King County 6-2006) 21 A-197 21A24.045 ZONING f. the alteration does not exceed the residential development setbacks required under K.C.C. chapter 25.04 and in no circumstances shall the alteration be allowed closer than: (1) twenty-five feet of the ordinary high water mark of a lake shoreline designated urban under K.C.C. chapter 25.16; (2) fifty feet of the ordinary high water mark of a lake shoreline designated rural under K.C.C. chapter 25.20 or conservancy under K.C.C. chapter 25.24; or (3) one hundred feet of the ordinary high water mark of a lake shoreline designated natural under K.C.C. chapter 25.28; and g_ to the maximum extent practical, alteration are mitigated on the development proposal site by enhancing or restoring remaining critical area buffers. 3. Limited to nonresidential farm -structures in grazed or tilled wet meadows or buffers of wetlands or aquatic areas where: a. the site is predominantly used for the practice of agriculture; b, the structure is in compliance with an approved farm management plan in accordance with K. C.C. 21 A.24.051; c. the structure is either. (1) on or adjacent to existing nonresidential impervious surface areas, additional impervious surface area is not created waterward of any existing impervious surface areas and the area was not used for crop production; (2) higher in elevation and no closer to the critical area than its existing position; or (3) at a location away from existing impervious surface areas that is determined to be the optimum site in the farm management plan; d, all best management practices associated with the structure specified in the farm management plan are installed and maintained; e. installation of fencing in accordance with K.C.C. chapter 21A.30 does not require the development of a farm management plan if required best management practices are followed and the installation does not require clearing of critical areas or their buffers; and f. in a severe channel migration hazard area portion of an aquatic buffer only if: (1) there is no feasible alternative location on -site; (2) the structure is located where it is least subject to risk from channel migration; (3) the structure is not used to house animals or store hazardous substances; and (4) the total footprint of all accessory structures within the severe channel migration hazard area will not exceed the greater of one thousand square feet or two percent of the severe channel migration hazard area on the site. 4. Allowed if no clearing, external construction or other disturbance in a wildlife habitat conservation area occurs during breeding seasons established under K.C_C. 21A.24.382. 5. Allowed for structures when: a. the landslide hazard poses little or no risk of injury; b. the risk of landsliding is low; and c. there is not an expansion of the structure. 6. Within a severe channel migration hazard area allowed for: a. existing primary structures if: (1) there is not an increase of the footprint of any existing structure; and (2) there is not a substantial improvement as defined in K.C.C. 21A.06,1270; and b. existing accessory structures if: (1) additions to the footprint will not make the total footprint of all existing structures more than one -thousand square feet; and (2) there is not an expansion of the footprint towards any source of channel migration hazard, unless the applicant demonstrates that the location is less subject to risk and has less impact on the critical area. (King County 6-2006) 21 A-198 CRITICAL AREAS 21A.24.045 7. Allowed oniy in grazed wet meadows or the buffer or building setback outside a severe channel migration hazard area if: a. the expansion or replacement does not increase the footprint of a nonresidential structure; b.(1) for a dwelling unit, the expansion or replacement, including any expansion of an accessory structure allowed under this subsection B.7.b., does not increase the footprint of the dwelling unit and all other structures by more than one thousand square feet; (2) for a structure accessory to a dwelling unit, the expansion or replacement is located on or adjacent to existing impervious surface areas and does not increase the footprint of the accessory structure and the dwelling unit by more than one thousand square feet; and (3) the location of the expansion has the lease adverse impact on the critical area; c. the structure was not established as the result of a variance, buffer averaging or reasonable use exception; and d. to the maximum extent practical, the expansion or replacement is not located closer to the critical area or within the relic of a channel that can be connected to an aquatic area. 8. Allowed upon another portion of an existing impervious surface outside a severe channel migration hazard area if: a. the structure is not located closer to the critical area; and b. the existing impervious surface within the critical area or buffer is not expanded. 9. Limited to seasonal floating docks or piers in a category II, 111 or IV wetland or its buffer or along a lake shoreline or its buffer where: a. the existing and zoned density of all properties abutting the entire lake shoreline averages three dwelling units per acre or more; b. at least seventy-five percent of the lots abutting the shoreline or seventy-five percent of the lake frontage, whichever constitutes the most lake frontage, has been developed with dwelling units; c. there is not any significant vegetation where the alteration is proposed and the loss of vegetation was not the result of any violation of law; d. the wetland or lake shoreline is not a salmonid spawning area; and e. hazardous substances or toxic materials are not used. 10. Allowed on type N or O aquatic areas if hazardous substances or toxic materials are not used. 11. Allowed on type S or F aquatic areas outside of the severe channel migration hazard area if in compliance with K.C.C. Title 25, 12. When located on a lake, must be in compliance with K.C.C. Title 25. 13. Limited to regrading and stabilizing of a slope formed as a result of a legal grading activity. 14. The following are allowed in the severe channel migration hazard area if conducted more than one -hundred and sixty-five feet from the ordinary high water mark in the rural area and one -hundred and fifteen feet from the ordinary high water mark in the urban area: a. grading of up to fifty cubic yards on lot less than five acres; and b. clearing of up to one -thousand square feet or up to a cumulative thirty-five percent of the severe channel migration hazard area. 15. Only where erosion or landsliding threatens a structure, utility facility, roadway, driveway, public trails, aquatic area or wetland if, to the maximum extent practical, stabilization work does not disturb the slope and its vegetative cover and any associated critical areas. 16. Allowed when performed by, at the direction of or authorized by a government agency in accordance with regional road maintenance guidelines. 17. Allowed when not performed under the direction of a government agency only if: a. the maintenance does not involve the use of herbicides, hazardous substances, sealants or other liquid oily substances in aquatic areas, wetlands or their buffers; and b. when maintenance or replacement of bridges or culverts involves water used by salmonids: (1) the work is in compliance with ditch standards in public rule; and (2) the maintenance of culverts is limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged bank or channel immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet. (King County 6-2006) 21 A-199 21A.24,045 ZONING 18. Allowed for the removal of hazard trees and vegetation as necessary for surveying or testing purposes. 19. The limited trimming and pruning of vegetation for the making and maintenance of views if the soils are not disturbed and the activity will not adversely affect the long term stability of the slope, erosion or water quality. 20. Harvesting of plants and plant materials, such as plugs, stakes, seeds or fruits, for restoration and enhancement projects is allowed. 21. Cutting of firewood is subject to the following: a. within a wildlife habitat conservation area, cutting firewood is not allowed; b. within a wildlife network, cutting shall be in accordance with a management plan approved under K.C.C_ 21A.14.270, as recodified by this ordinance; and c. within a critical area buffer, cutting shall be for personal use and in accordance with an approved forest management plan or rural stewardship plan_ 22. Allowed only in buffers if in accordance with best management practices approved by the King County fire marshal. 23. Allowed as follows: a. if conducted in accordance with an approved forest management plan, farm management plan, or rural stewardship plan; or b. without an approved forest management plan, farm management plan or rural stewardship plan, only if: (1) removal is undertaken with hand labor, including hand-held mechanical tools, unless the King County noxious weed control board otherwise prescribes the use of riding mowers, light mechanical cultivating equipment or herbicides or biological control methods; (2) the area is stabilized to avoid regrowth or regeneration of noxious weeds; (3) the cleared area is revegetated with native or noninvasive vegetation and stabilized against erosion; and (4) herbicide use is in accordance with federal and state law; 24. Only if in accordance with chapter 76.09 RCW and Title 222 WAC and: a. a forest management plan is approved for the site by the King County department of natural resources and parks; and b. the property owner provides a notice of intent in accordance with RCW 76.09,060 that the site will not be converted to nonforestry uses within six years. 25. Only if in compliance with published Washington state Department of Fish and Wildlife and Washington state Department of Natural Resources Management standards for the species. If there are no published Washington state standards, only if in compliance with management standards determined by the county to be consistent with best available science. 26. Allowed only if: a. there is not another feasible location with less adverse impact on the critical area and its buffer; b, the corridor is not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site. c. the corridor width is minimized to the maximum extent practical; d. the construction occurs during approved periods for instream work; and e_ the corridor will not change or diminish the overall aquatic area flow peaks, duration or volume or the flood storage capacity. 27. To the maximum extent practical, during breeding season established under K.C.C. 21A24.382, land clearing machinery such as bulldozers, graders or other heavy equipment are not operated within a wildlife habitat conservation area. 28. Allowed only if: a. an alternative access is not available; b. impact to the critical area is minimized to the maximum extent practical including the use of walls to limit the amount of cut and fill necessary; (King County 6-2006) 21A-200 CRITICAL AREAS 21A.24.045 c. the risk associated with landslide and erosion is minimized; d. access is located where it is least subject to risk from channel migration; and e. construction occurs during approved periods for instream work. 29. Only if in compliance with a farm management plan in accordance with K.C_C. 21A24.051. 30. Allowed only if: a. the replacement is made fish passable in accordance with the most recent Washington state Department of Fish and Wildlife manuals or with the National Marine and Fisheries Services guidelines for federally listed salmonid species; and b_ the site is restored with appropriate native vegetation. 31. Allowed if necessary to bring the bridge or culvert up to current standards and if: a. there is not another feasible alternative available with less impact on the aquatic area and its buffer, and b. to the maximum extent practical, the bridge or culvert is located to minimize impacts to the aquatic area and its buffer's. 32. Allowed in an existing roadway if conducted consistent with the regional road maintenance guidelines. 33. Allowed outside the roadway if: a. the alterations will not subject the critical area to an increased risk of landslide or erosion; b. vegetation removal is the minimum necessary to locate the utility or construct the corridor; and c. significant risk of personal injuryis eliminated or minimized in the landslide hazard area. 34. Limited to the pipelines, cables, wires and support structures of utility facilities within utility corridors if: a. there is no alternative location with less adverse impact on the critical area and critical area buffer, b. new utility corridors meet the all of the following to the maximum extent practical: (1) are not located over habitat used for salmonid rearing or spawning or by a species listed as endangered or threatened by the state or federal government unless the department determines that there is no other feasible crossing site; (2) the mean annual flow rate is less than twenty cubic feet per second; and (3) paralleling the channel or following a down -valley route near the channel is avoided; c. to the maximum extent practical utility corridors are located so that: (1) the width is the minimized; (2) the removal of trees greater than twelve inches diameter at breast height is minimized; (3) an additional, contiguous and undisturbed critical area buffer, equal in area to the disturbed critical area buffer area including any allowed maintenance roads, is provided to protect the critical area; d. to the maximum extent practical, access for maintenance is at limited access points into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary the following standards are met: (1) to the maximum extent practical the width of the maintenance road is minimized and in no event greater than fifteen feet; and (2) the location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area; e. the utility corridor or facility will not adversely impact the overall critical area hydrology or diminish flood storage capacity; f. the construction occurs during approved periods for instream work; g. the utility corridor serves multiple purposes and properties to the maximum extent practical; h. bridges or other construction techniques that do not disturb the critical areas are used to the maximum extent practical; i. bored, drilled or other trenchless crossing is laterally constructed at least four feet below the maximum depth of scour for the base flood; j. bridge piers or abutments for bridge crossing are not placed within the FEMA floodway or the ordinary high water mark; (King County 6-2006) 21A 201 21A.24.045 ZONING k. open trenching is only used during low flow periods or only within aquatic areas when they are dry. The department may approve open trenching of type S or F aquatic areas only if there is not a feasible alternative and equivalent or greater environmental protection can be achieved; and I. minor communication facilities may collocate on existing utility facilities if: (1) no new transmission support structure is required; and (2) equipment cabinets are located on the transmission support structure. 35. Allowed only for new utility facilities in existing utility corridors. 36. Allowed for private individual utility service connections on site or to public utilities if the disturbed area is not expanded and no hazardous substances, pesticides or fertilizers are applied. 37. Allowed if the disturbed area is not expanded, clearing is limited to the maximum extent practical and no hazardous substances, pesticides or fertilizers are applied_ 38. Allowed if conveying the surface water into the wetland buffer and discharging into the wetland buffer or at the wetland edge has less adverse impact upon the wetland or wetland buffer than if the surface water were discharged at the bufferrs edge and allowed to naturally drain through the buffer. 39. Allowed if constructed only with vegetation. 40. Allowed for an open, vegetated stormwater management conveyance system and outfall structure that simulates natural conditions if: a. fish habitat features necessary for feeding, cover and reproduction are included when appropriate; b. vegetation is maintained and added adjacent to all open channels and ponds, if necessary to prevent erosion, filter out sediments or shade the water; and c, bioengineering techniques are used to the maximum extent practical, 41. Allowed for a closed, tightlined conveyance system and outfall structure if: a. necessary to avoid erosion of slopes; and b. bioengineering techniques are used to the maximum extent practical. 42. Allowed in a severe channel migration hazard area portion of an aquatic area buffer to prevent bank erosion only: a. if consistent with Washington state Integrated Stream Protection Guidelines and if bioengineering techniques are used to the maximum extent practical, unless the applicant demonstrates that other methods provide equivalent structural stabilization and environmental function; and b. to prevent bank erosion for the protection of: (1) public roadways; (2) sole access routes in existence before February 16, 1995; or (3) new primary dwelling units, accessory dwelling units or accessory living quarters and residential accessory structures located outside the severe channel migration hazard area if: (a) the site is adjacent to or abutted by properties on both sides containing buildings or sole access routes protected by legal bank stabilization in existence before February 16, 1995. The buildings, sole access routes or bank stabilization must be located no more than six hundred feet apart as measured parallel to the migrating channel; and (b) the new primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures are located no closer to the aquatic area than existing. primary dwelling units, accessory dwelling units, accessory living quarters or residential accessory structures on abutting or adjacent properties. 43. Applies to lawfully established existing structures if: a. maintained by a public agency; b_ the height of the facility is not increased; c. the linear length of the affected edge of the facility is not increased; d. the footprint of the facility is not expanded waterward; e. consistent with King Countys Guidelines for Bank Stabilization Projects (King County Surface Water Management 1993) and bioengineering techniques are used to the maximum extent practical; and f. the site is restored with appropriate native vegetation. (King County 6-2006) 21 A-202 CRITICAL AREAS 21A.24.045 44. Allowed in type N and 0 aquatic areas if done in least impacting way at least impacting time of year, in conformance with applicable best management practices, and all affected instream and buffer features are restored. 45. Allowed in a type S or F water when such work is: a. included as part of a project to evaluate, restore or improve habitat, and b. sponsored or cosponsored by a public agency that has natural resource management as a function or by a federally recognized tribe. 46. Allowed as long as the trail is not constructed of impervious surfaces that will contribute to surface water run-off, unless the construction is necessary for soil stabilization or soil erosion prevention or unless the trail system is specifically designed and intended to be accessible to handicapped persons. 47. Not allowed in a wildlife habitat conservation area. Otherwise, allowed as far landward as feasible in the buffer if: a. the trail surface is not made of impervious materials, except that public multipurpose trails may be made of impervious materials if they meet all the requirements in K.C.C. chapter 9.12; and b. to the maximum extent practical, buffers are expanded equal to the width of the trail corridor including disturbed areas. 48. Only if the maintenance: a. sloes not involve the use of herbicides or other hazardous substances except for the removal of noxious weeds or invasive vegetation; b, when salmonids are present, the maintenance is in compliance with ditch standards in public rule; and c. does not involve any expansion of the roadway, lawn, landscaping, ditch, culvert, engineered slope or other improved area being maintained. 49. Limited to: a. projects sponsored or cosponsored by a public agency that has natural resource management as a primary function or by a federally recognized tribe; b. restoration and enhancement plans prepared by a qualified biologist; or c. conducted in accordance with an approved forest management plan, farm management plan or rural stewardship plan_ 50. Allowed in accordance with a scientific sampling permit issued by Washington state Department of Fish and Wildlife or an incidental take permit issued under Section 10 of the Endangered Species Act. 51. Allowed for the limited clearing and grading needed to prepare critical area reports. 52. The following are allowed it associated spoils are contained: a. data collection and research if carried out to the maximum extent practical by nonmechanical or hand-held equipment; b. survey monument placement.- c. site exploration and gage installation if performed in accordance with state -approved sampling protocols and accomplished to the maximum extent practical by hand-held equipment and; or similar work associated with an incidental take permit issued under Section 10 or consultation under Section 7 of the Endangered Species Act. 53. Limited to activities in continuous existence since January 1, 2005, with no expansion within the critical area or critical area buffer. "Continuous existence" includes cyclical operations and managed periods of soil restoration, enhancement or other fallow states associated with these horticultural and agricultural activities. 54. Allowed for expansion of existing or new agricultural activities where: a. the site is predominantly involved in the practice of agriculture; b. there is no expansion into an area that: (1) has been cleared under class 1, II, III, IV-S or nonconversion IV-G forest practice permit; or (King County 6-2006) 21A-203 21A.24.045 - 21A24.051 ZONING (2) is more than ten thousand square feet with tree cover at a uniform density more than ninety trees per acre and with the predominant mainstream diameter of the trees at least four inches diameter at breast height, not including areas that are actively managed as agricultural crops for pulpwood, Christmas trees or ornamental nursery stock; c. the activities are in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051; and d. all best management practices associated with the activities specified in the farm management plan are installed and maintained. 55, Only allowed in grazed or tilled wet meadows or their buffers if: a. the facilities are designed to the standards of an approved farm management plan in accordance K.C_C. 21A.24.051 or an approved livestock management plan in accordance with K.C.C. chapter 21A.30; b, there is not a feasible alternative location available on the site; and c. the facilities are located close to the outside edge of the buffer to the maximum extent practical. 56. Allowed in a severe channel migration hazard area portion of an aquatic area buffer if: a. the facilities are designed to the standards in an approved farm management plan in accordance with K.C.C. 21A,24,051; b, there is not a feasible alternative location available on the site; and c. the structure is located where it is least subject to risk from channel migration. 57. Allowed for new agricultural drainage in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051 and all best management practices associated with the activities specified in the farm management plan are installed and maintained. 58. If the agricultural drainage is used by salmonids, maintenance shall be in compliance with an approved farm management plan in accordance with K.C.C. 21A.24.051. 59. Allowed within existing landscaped areas or other previously disturbed areas. (Ord. 15051 137, 2004). 21A.24.051 Agricultural activities development standards. A. The alterations identified in K_C.C. 21A.24.045 for agricultural activities are allowed to expand within the buffers of wetlands, aquatic areas and wildlife habitat conservation areas, when an agricultural activity is currently occurring on the site and the alteration is in compliance with an approved farm management plan in accordance with this section or, for livestock activities, a farm management plan in accordance with K.C.C. chapter 21A.30. B. This section does not modify any requirement that the property owner obtain permits for activities covered by the farm management plan. C. The department of natural resources and parks or its designee shall serve as the single point of contact for King County in providing information on farm management plans for purposes of this title. The department of natural resources and parks shall adopt a public rule governing the development of farm management plans. The rule may provide for different types of farms management plans related to different kinds of agricultural activities, including, but not limited to the best management practices for dairy nutrient management, livestock management, horticulture management, site development and agricultural drainage- D. A property owner or applicant seeking to use the process to allow alterations in critical area buffers shall develop a farm management plan based on the following goals, which are listed in order of priority: 1. To maintain the productive agricultural land base and economic viability of agriculture on the site; 2, To maintain, restore or enhance critical areas to the maximum extent practical in accordance with the site specific goals of the landowner; 3. To the maximum extent practical in accordance with the site specific goals of the landowner, maintain and enhance natural hydrologic systems on the site; 4. To use federal, state and local best management practices and best available science for farm management to achieve the goals of the farm management plan; and 5. To monitor the effectiveness of best management practices and implement additional practices through adaptive management to achieve the goals of the farm management plan. (King County 6-2006) 21A--204 CRITICAL AREAS 21A.24.051 - 21A.24.055 E. The property owner or applicant may develop the farm management plan as part of a program offered or approved by King County. The plan shall include, but is not limited to, the following elements; 1. A site inventory identifying critical areas, structures, cleared and forested areas, and other significant features on the site; 2. Site -specific performance standards and best management practices to maintain, restore or enhance critical areas and their buffers and maintain and enhance native vegetation on the site including the best management practices for the installation and maintenance of farm field access drives and agricultural drainages; 3. A plan for future changes to any existing structures or for any changes to the landscape that involve clearing or grading; 4. A plan for implementation of performance standards and best management practices; 5. A plan for monitoring the effectiveness of measures taken to protect critical areas and their buffers and to modify the farm management plan if adverse impacts occur; and 6. Documentation of compliance with flood compensatory storage and flood conveyance in accordance with K.C.C_ 21A.24.240. F. A farm management plan is not effective until approved by the county. Before approval, the county may conduct a site inspection, which may be through a program offered or approved by King County, to verify that the plan is reasonably likely to accomplish the goals in subsection D. of this section. G. Once approved, activities carried out in compliance with the approved farm management plan shall be deemed in compliance with this chapter. In the event of a potential code enforcement action, the department of development and environmental services shall first inform the department of natural resources and parks of the activity. Prior to taking code enforcement action, the department of development and environmental services shall consult with the department of natural resources and parks and the King Conservation District to determine whether the activity is consistent with the farm management plan. (Ord, 15051 § 138, 2004). 21A.24.055 Rural stewardship plans. A. On a site zoned RA, the department may approve a modification of the minimum buffer widths for aquatic areas, wetlands and wildlife habitat conservation areas and maximum clearing restrictions through a rural stewardship plan in accordance with this section. B. The property owner or applicant shall develop the rural stewardship plan as part of a rural stewardship program offered or approved by King County and has the option of incorporating a county - approved farm management or a county -approved forest stewardship plan. C. In its evaluation of any proposed modification, the department shall consider the following factors: 1. The existing condition of the drainage basin or marine shoreline as designated on the Basin and Shoreline Conditions Map; 2. The existing condition of wetland and aquatic area buffers; 3. The existing condition of wetland functions based on the adopted Washington State Wetland Rating System for Western Washington, Washington state department of ecology publication number 04-06- 025, published August 2004; 4. The location of the site in the drainage basin; and 5. The percentage of impervious surfaces and clearing on the site. D. A rural stewardship plan does not modify the requirement for permits for activities covered by the rural stewardship plan. E. Modifications of critical area buffers shall be based on the following prioritized goals.- 1. To avoid impacts to critical areas to the maximum extent practical; 2. To avoid impacts to the higher quality wetland or aquatic area or the more protected fish or wildlife species, if there is a potential to affect more than one category of wetland or aquatic area or more than one species of native fish or wildlife; 3. To maintain or enhance the natural hydrologic systems on the site to the maximum extent practical; 4. To maintain, restore or enhance native vegetation; (King County 6-2006) 21 A-205 21 A.24.055 ZONING 5. To maintain, restore or enhance the function and value of critical areas or critical area buffers located on the site; 6. To minimize habitat fragmentation and enhance corridors between wetlands, riparian corridors, wildlife habitat conservation areas and other priority habitats; 7. To minimize the impacts of development over time by implementing best management practices and meeting performance standards during the life of the development; and 8. To monitor the effectiveness of the stewardship practices and implement additional practices through adaptive management to maintain, restore or enhance critical area functions when necessary, F. A rural stewardship plan may include, but is not limited to, the following elements: 1. Critical areas designation under K.C.C. 21A.24.500; 2. Identification of structures, cleared and forested areas and other significant features on the site; 3. Location of wetlands and aquatic areas and their buffers, and wildlife habitat; 4. Site -specific best management practices; 5. Planned changes to any existing structures or for other changes to the site that involve clearing or grading; 6. A schedule for implementation of the elements of the rural stewardship plan; and 7. A plan for monitoring the effectiveness of measures approved under the rural stewardship plan and to modify if adverse impacts occur. G. A rural stewardship plan may be developed as part of a program offered or approved by King County and shall include a site inspection by the county to verify that the plan is reasonably likely to accomplish the goals in subsection E. of this section to protect water quality, reduce flooding and erosion, maintain, restore or enhance the function and value of critical areas and their buffers and maintain or enhance native vegetation on the site of this section. H. A property owner who completes a rural stewardship plan that is approved by the county may be eligible for tax benefits under the public benefit rating system in accordance with K_C.C. 20.36.100. I. If a property owner withdraws from the rural stewardship plan, in addition to any applicable penalties under the public benefit rating system, the following apply: 1. Mitigation is requires[ for any structures constructed in critical area buffers under the rural stewardship plan; and 2. The property owner shall apply for buffer averaging or an alteration exception, as appropriate, to permit any structure or use that has been established under the rural stewardship plan and that would not otherwise be permitted under this chapter. J. A rural stewardship plan is not effective until approved by the county_ Before approval, the county may conduct a site inspection, which may be through a program offered or approved by King County, to verify that the plan is reasonably likely to accomplish the goals in subsection E. of this section. K. Once approved, activities carried out in compliance with the approved rural stewardship plan shall be deemed in compliance with this chapter. In the event of a potential code enforcement action, the department of development and environmental services shall first inform the department of natural resources and parks of the activity_ Prior to taking code enforcement action, the department of development and environmental services shall consult with the department of natural resources and parks to determine whether the activity is consistent with the rural stewardship plan. (Ord. 15051 § 139, 2004). (King County 6-2006) 21A-206 CRITICAL AREAS 21A.24.061-21A.24.065 21A.24.061 Public rules for rural stewardship and farm management plans. A. The King County council recognizes that rural stewardship plans and farm management plans are key elements of this chapter that provide flexibility to rural area residents to establish and maintain a rural lifestyle that includes activities such as farming and forestry while maintaining and enhancing rural character and environmental quality. B. The department of natural resources and parks and department of development and environmental services shall adopt public rules to implement K.C.G. 21A24.045 and 21A24.051 relating to rural stewardship plans and farm management plans, consistent with the provisions of this section. The rules shall not compromise the King Conservation District's mandate or standards for farm management planning. C. County departments or approved agencies shall provide technical assistance and resources to landowners to assist them in preparing the plans. The technical assistance shall include, but is not limited to, web -based information, instructional manuals and classroom workshops. When possible, the assistance shall be provided at little or no cost to landowners. In addition, the department of natural resources and parks shall develop, in consultation as necessary with the department of development and environmental services and the King Conservation District, and make available to the public, model farm management, forest management and rural stewardship plans illustrating examples of plan application content, drawings and site plans, to assist landowners in their development of site -specific plans for their property. D. The department of natural resources and parks is the primary county agency responsible for rural stewardship plans and farm management plans that are filed with the county under this chapter. The department of natural resources and parks shall consult with the department of development and environmental services in carrying out its responsibilities under this chapter relating to rural stewardship plans and farm management plans. The department of natural resources and parks, department of development and environmental services and the King Conservation District may enter into agreements to carry out the provisions of this chapter relating to rural stewardship plans and farm management plans. E. Not later than March 1, 2005, the department of natural resources and parks and department of development and environmental services shall prepare and submit to the chair of the growth management and unincorporated areas committee, or its successor, a report summarizing the public rules adopted to implement the provisions of this chapter related to farm management plans and rural stewardship plans and how the rules implement the requirements of this section. F. The department of natural resources and parks and department of development and environmental services shall monitor and evaluate the effectiveness of rural stewardship and farm management plans in meeting the goals and objectives of those plans established in this chapter. Beginning March 31, 2006, the departments shall present an annual report to the chair of the metropolitan King County council, providing an evaluation of the prior year's activity related to rural stewardship and farm management plans. (Ord. 15051 § 140, 2004). 21A.24.465 Basin and Shoreline Conditions Map. A. The Basin and Shoreline Conditions Map, included in Attachment A to Ordinance 15051, is the basis for determining standards or modifications of standards related to aquatic areas, wetlands complexes and RA zone clearing limits. B. Basins and marine shorelines are rated as "high," "medium," or "low" using the criteria listed in subsection C of this section and can be generally characterized as follows; 1. High condition ratings are generally reflective of areas with low development intensity (e.g., substantial forest cover, relatively few roads crossing aquatic areas and wetlands, low amounts of impervious surfaces, and low amounts armoring and structures along shorelines) and a significant biological value (e.g,, the presence or high use by critical species or the presence of rare, endangered or highly sensitive habitats). 2. Medium condition ratings are generally reflective of areas with either high or moderate development intensity and moderate or low insignificant biological value. 3. Low condition ratings are generally reflective of areas with high development intensity (e.g., reduced forest cover, many roads crossing aquatic areas and wetlands, significant amounts of impervious surfaces, and extensive amount of armoring and structures along shorelines) and a low biological value (e.g., the little presence or low use by critical species or little or no presence of rare, endangered or highly sensitive habitats). (King County 6-2008) 21 A-207 21A.24.065 - 21A24.070 ZONING C. Ratings designated on the Basin and Shoreline Conditions Map shall be determined in accordance with the following criteria: 1. Basin conditions for riverine tributary systems are based on: a. presence and amount of use for spawning and rearing and habitat for chinook salmon, bull trout, coho salmon, chum salmon and cutthroat trout; b. total impervious surface area; c. number of acres of mapped category I wetlands; d, number of road crossings of aquatic areas; e. surrounding land use intensity; f. amount of forest cover; g, presence of mapped wildlife habitat network; and h. presence of mapped priority species nests or breeding habitat. 2_ Conditions for marine shorelines are based on: a. presence and amount of forage fish, such as surf smelt and sand lance and the extent of their spawning sites within the drift cell; b. length and percentage of cell without eelgrass, with patchy eelgrass and with continuous eelgrass,- c. the amount and type of forest cover; d..length and percentage of cell with low, moderate and high impervious surface; e. presence and amount of large woody debris and drift logs; f. length and percentage of cell armored and unstable slope armored g_ number of docks, piers, groins, jetties, breakwaters and boat ramps; h. number of marsh areas present and length and percentage of cell within marsh habitat; i. length and percentage of cell within important bird area; and j. length and percentage of cell within marine reserve. (Ord. 15051 § 141, 2004). 21A.24.070 Alteration exception. A. The director may approve alterations to critical areas, critical area buffers and critical area setbacks not otherwise allowed by this chapter as follows: 1. For linear alterations, the director may approve alterations to critical areas, critical area buffers and critical area setbacks only when all of the following criteria are met: a. there is no feasible alternative to the development proposal with less adverse impact on the critical area; b. the proposal minimizes the adverse impact on critical areas to the maximum extent practical; c. the approval does not require the modification of a critical area development standard established by this chapter; d. the development proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; e. the linear alteration: (1) connects to or is an alteration to a public roadway, public trail, a utility corridor or utility facility or other public infrastructure owned or operated by a public utility; or (2) is required to overcome limitations due to gravity; and 2_ For nonlinear alterations the director may approve alterations to critical areas except wetlands, unless otherwise allowed under subsection A.2_h_ of this section, aquatic areas and wildlife habitat conservation areas, and alterations to critical area buffers and critical area setbacks, when all of the following criteria are met: a. there is no feasible alternative to the development proposal with less adverse impact on the critical area; b. the alteration is the minimum necessary to accommodate the development proposal; c. the approval does not require the modification of a critical area development standard established by this chapter, except as set forth in subsection A.2.i. of this section; (King County 6-2006) 21 A-208 CRITICAL, AREAS 21A.24.070 - 21A.24.090 d. the development proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; e. for dwelling units, no more than three thousand square feet or ten percent of the site, whichever is greater, may be disturbed by structures or other land alteration including grading, utility installations and landscaping but not including the area used for an on -site sewage disposal system; f. to the maximum extent possible, access is located to have the least adverse impact on the critical area and critical area buffer, g_ the critical area is not used as a salmonid spawning area; h. the director may approve an alteration in a category 11, Ill and IV wetland for development of a public school facility; and i_ the director may approve an alteration to the elevation or dry flood proofing standards in K.C.C. 21A24240.F.1. or 21A.24,240F.2. for nonresidential agricultural accessory buildings that equal or exceed a maximum assessed value of sixty-five thousand dollars if the development proposal meets the criteria in subsection A.2. of this section and the standards in K.C.C_ 21A.24.240F.4, through 21A.24.240.G. B. The director may approve alterations to critical areas, critical area buffers and critical area setbacks if the application of this chapter would deny all reasonable use of the property_ The applicant may apply for a reasonable use exception pursuant to this subsection without first having applied for an alteration exception under this section if the requested reasonable use exception includes relief from development standards for which an alteration exception cannot be granted pursuant to the provisions of this section. The director shall determine that all of the following criteria are met: 1. There is no other reasonable use with less adverse impact on the critical area; 2. Development proposal does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; 3_ Any authorized alteration to the critical area or critical area buffer is the minimum necessary to allow for reasonable use of the property; and 4. For dwelling units, no more than three thousand square feet or ten percent of the site, whichever is greater, may be disturbed by structures or other land alteration, including grading, utility installations and landscaping but not including the area used for an on -site sewage disposal system. C. For the purpose of this section, "linear' alteration means infrastructure that supports development that is linear in nature and includes public and private roadways, public trails, private driveways, railroads, utility corridors and utility facilities. D. Alteration exceptions approved under this section shall meet the mitigation requirements of this chapter. E. An applicant for an alteration exception shall submit a critical area report, as required by K.C_C. 21 A.24.110. F. The hearing examiner shall provide to the clerk of the council a copy of the final decision of an appeal of the department's decision under this section within thirty days after the hearing examiners decision. The clerk shall notify the council of the availability of the decision. (Ord. 16172 § 2, 2008: Ord. 15051 § 142, 2004: Ord. 13190 § 19, 1998: Ord. 12196 § 54, 1996: Ord, 11621 § 73, 1994: Ord. 10870 § 454, 1993). 21A.24.090 Disclosure by applicant. If a development proposal site contains or is within a critical area, the applicant shall submit an affidavit which declares whether: A. The applicant has knowledge of any illegal alteration to any or all critical areas on the development proposal site; and B. The applicant previously has been found in violation of this chapter, in accordance with K.C.C. Title 23. If the applicant previously has been found in violation, the applicant shall declare whether the violation has been corrected to the satisfaction of King County. (Ord. 15051 § 145, 2004: Ord. 10870 § 456, 1993). (King County 6-2008) 21A-209 21A.24.100-21A.24.110 ZONING 21A.24.100 Critical area review. A. Before any clearing, grading or site preparation, the department shall perform a critical area review for any development proposal permit application or other request for permission to alter a site to determine whether there is; 1. A critical area on the development proposal site; 2. An active breeding site of a protected species on the development proposal site; or 3. A critical area or active breeding site of a protected species that has been mapped, identified within three hundred fee of the applicant's property or that is visible from the boundaries of the site. B. As part of the critical area review, the department shall review the critical area reports and determine whether: 1. There has been an accurate identification of all critical areas; 2_ An alteration will occur to a critical area or a critical area buffer, 3. The development proposal is consistent with this chapter; 4. The sequence in K.G.C. 21A.24.125 has been followed to avoid impacts to critical areas and critical area buffers; and 5. Mitigation to compensate for adverse impacts to critical areas is required and whether the mitigation and monitoring plans and bonding measures proposed by the applicant are sufficient to protect the general public health, safety and welfare, consistent with the goals, purposes, objectives and requirements of this chapter. C. If a development proposal does not involve any site disturbance, clearing, or grading and only requires a permit or approval under K.C.C. chapter 16.04 or 17.04, critical area review is not required, unless the development proposal is located within a: 1. Flood hazard area; 2. Critical aquifer recharge area; or 3. Landslide hazard area, seismic hazard area, or coal mine hazard area and the proposed development will cause additional loads on the foundation, such as by expanding the habitable square footage of the structure or by adding or changing structural features that change the load bearing characteristics of the structure. (Ord, 15051 § 146, 2004: Ord. 14449 § 9, 2002: Ord. 10870 § 457, 1993). 21A.24.110 Critical area report requirement. A. An applicant for a development proposal that requires critical area review under K.C.C. 21A.24.100 shall submit a critical area report at a level determined by the department to adequately evaluate the proposal and all probable impacts. B. The applicant may combine a critical area report with any studies required by other laws and regulations. C. If the development proposal will affect only a part of the development proposal site, the department may limit the scope of the required critical area report to include only that part of the site that is affected by the development proposal. (Ord. 15051 § 147, 2004: Ord. 10870 § 458, 1993). (King County 6-2008) 21 A-210 CRITICAL AREAS 21A.24,125 - 21A.24.130 21A.24.125 Avoiding impacts to critical areas. A. An applicant for a development proposal or alteration, shall apply the following sequential measures, which appear in order of priority, to avoid impacts to critical areas and critical area buffers: 1. Avoiding the impact or hazard by not taking a certain action; 2. Minimizing the impact or hazard by: a. limiting the degree or magnitude of the action with appropriate technology; or b. taking affirmative steps, such as project redesign, relocation or timing; 3. Rectifying the impact to critical areas by repairing, rehabilitating or restoring the affected critical area or its buffer; 4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods; 5. Reducing or eliminating the impact or hazard over time by preservation or maintenance operations during the life of the development proposal or alteration; 6. Compensating for the adverse impact by enhancing critical areas and their buffers or creating substitute critical areas and their buffers; and 7. Monitoring the impact, hazard or success of required mitigation and taking remedial action- B. The specific mitigation requirements of this chapter for each critical area or requirements determined through the resource mitigation reserves program apply when compensation for adverse impacts is required by the sequence in subsection A. of this section. (Ord. 15051 § 149, 2004). 21A.24.130 Mitigation and monitoring. A. If mitigation is required under this chapter to compensate for adverse impacts, unless otherwise provided, an applicant shall: 1_ Mitigate adverse impacts to: a. critical areas and their buffers; and b. the development proposal as a result of the proposed alterations on or near the critical areas; and 2. Monitor the performance of any required mitigation. B. The department shall not approve a development proposal until mitigation and monitoring plans are in place to mitigate for alterations to critical areas and buffers. C. Whenever mitigation is required, an applicant shall submit a critical area report that includes: 1. An analysis of potential impacts; 2. A mitigation plan that meets the specific mitigation requirements in this chapter for each critical area impacted; and 3. A monitoring plan that includes: a. a demonstration of compliance with this title; b. a contingency plan in the event of a failure of mitigation or of unforeseen impacts if: (1) the department determines that failure of the mitigation would result in a significant impact on the critical area or buffer; or (2) the mitigation involves the creation of a wetland; and c. a monitoring schedule that may extend throughout the impact of the activity or, for hazard areas, for as long as the hazard exists. D. Mitigation shall not be implemented until after the department approves the mitigation and monitoring plan. The applicant shall notify the department when mitigation is installed and monitoring is commenced and shall provide King County with reasonable access to the mitigation for the purpose of inspections during any monitoring period. E. If monitoring reveals a significant deviation from predicted impact or a failure of mitigation requirements, the applicant shall implement an approved contingency plan. The contingency plan constitutes new mitigation and is subject to all mitigation including a monitoring plan and financial guarantee requirements. (Ord_ 15051 § 150, 2004: Ord. 10870 § 460, 1993). (King County 6-2006) 21A-211 21A.24.133 - 21A.24A60 ZONING 21A.24.133 Off -site mitigation. A. To the maximum extent practical, an applicant shall mitigate adverse impacts to a wetland, aquatic area, wildlife habitat conservation area or wildlife habitat network on or contiguous to the development site. The department may approve mitigation that is off the development site if an applicant demonstrates that: 1. It is not practical to mitigate on or contiguous to the development proposal site; and 2. The off -site mitigation will achieve equivalent or greater hydrological, water quality and wetland or aquatic area habitat functions. B. When off -site mitigation is authorized, the department shall give priority to locations within the same drainage subbasin as the development proposal site that meet the following: 1. Mitigation banking sites and resource mitigation reserves as authorized by this chapter, 2. Private mitigation sites that are established in compliance with the requirements of this chapter and approved by the department; and 3. Public mitigation sites that have been ranked in a process that has been supported by ecological assessments, including wetland and aquatic areas established as priorities for mitigation in King County basin plans or other watershed plans. C. The department may require documentation that the mitigation site has been permanently preserved from future development or alteration that would be inconsistent with the functions of the mitigation. The documentation may include, but is not limited to, a conservation easement or other agreement between the applicant and owner of the mitigation site. King County may enter into agreements or become a party to any easement or other agreement necessary to ensure that the site continues to exist in its mitigated condition. D. The department shall maintain a list of sites available for use for off -site mitigation projects. E. The department may develop a program to allow the payment of a fee in lieu of providing mitigation on a development site. The program should address: 1. When the payment of a fee is allowed considering the availability of a site in geographic proximity with comparable hydrologic and biological functions and potential for future habitat fragmentation and degradation; and 2. The use of the fees for mitigation on public or private sites that have been ranked according to ecological criteria through one or more programs that have included a public process. (Ord. 15051 § 151, 2004). 21A.24.137 Resource mitigation reserve. The department may approve mitigation to compensate for the adverse impacts of a development proposal to critical areas through the creation and approval of a resource mitigation reserve. The use of a resource mitigation reserve to compensate for unavoidable impacts to a critical area is not allowed in the agricultural production districts if the purpose is to compensate for development outside of the agricultural production districts_ (Ord. 15051 § 152, 2004). 21A.24.140 Financial guarantees. Financial guarantees shall be required consistent with the provisions of Title 27A. (Ord. 12020 § 54, 1995: Ord. 10870 § 461, 1993). 21A.24.160 Critical area markers and signs. A_ Development proposals shall include permanent survey stakes delineating the boundary between adjoining property and critical area tracts, using iron or concrete markers as established by current survey standards. B. The applicant shall identify the boundary between a critical area tract and contiguous land with permanent signs. The department may require signs and fences to delineate and protect critical areas and critical area buffers that are not in critical area tracts. (Ord. 15051 § 154, 2004: Ord. 10870 § 463, 1993). (King County 6-2006) 21A-212 CRITICAL AREAS 21A.24.170 - 21 A.24.200 21A.24.170 Notice of critical areas. A. Except as otherwise provided in subsection of C. of this section, the owner of any property containing critical areas or buffers on which a development proposal is submitted or any property on which mitigation is established as a result of development shall file a notice approved by King County with the records, elections and licensing services division. The notice shall inform the public of: 1. The presence of critical areas or buffers or mitigation sites on the property; 2. The application of this chapter to the property; and 3. The possible existence of limitations on actions in or affecting the critical areas or buffers or the fact that mitigation sites may exist. B. The applicant for a development proposal shall submit proof that the notice required by this section has been filed for public record before King County approves any development proposal for the property or, in the case of subdivisions, short subdivisions and binding site plans, at or before recording of the subdivision, short subdivision or binding site plan. C. The notice required under subsection A. of this section is not required if: 1. The property is a public right-of-way or the site of a permanent public facility; or 2. The development proposal does not require sensitive area review under K.C.C. 21A.24.100.C_ (Ord. 15051 § 155, 2004: Ord. 14449 § 10, 2002: Ord. 14187 § 3, 2001: Ord. 10870 § 464, 1993). 21A.24.180 Critical area tracts and designations on site plans. A_ The applicant shall use critical area tracts to delineate and protect those critical areas and buffers listed below in development proposals for subdivisions, short subdivisions or binding site plans and shall record the tracts on all documents of title of record for all affected lots: 1. All landslide hazard areas and buffers that are one acre or more in size; 2. All steep slope hazard areas and buffers that are one acre or more in size; 3. All wetlands and buffers; and 4. All aquatic areas and buffers. B. Any required critical area tract shall be held in an undivided interest by each owner of a building lot within the development with this ownership interest passing with the ownership of the lot, or shall be held by an incorporated homeowner's association or other legal entity that ensures the ownership, maintenance and protection of the tract. C. Site plans submitted as part of building permits, clearing and grading permits or other development permits shall include and delineate: 1. All flood hazard areas, as determined by King County in accordance with K.C.C_ 21A.24.230; 2. Landslide, volcanic, coal mine and steep slope hazard areas; 3. Aquatic areas and wetlands; 4. Wildlife habitat conservation areas and the wildlifehabitat network; 5. Buffers; and 6. Building setbacks as required by K.C.C. 21A.24.200. D. If only a part of the development site has been mapped, the part of the site that has not been mapped shall be clearly identified and labeled on the site plans. (Ord. 15051 § 156, 2004: Ord. 14449 § 11, 2002: Ord. 10870 § 465, 1993). 21A.24.200 Building setbacks. Unless otherwise provided, an applicant shall set buildings and other structures back a distance of fifteen feet from the edges of all critical area buffers or from the edges of all critical areas, if no buffers are required, The following are allowed in the building setback area: A. Landscaping; B. Uncovered decks; C. Building overhangs if the overhangs do not extend more than eighteen inches into the setback area; D. Impervious ground surfaces, such as driveways and patios, but the improvements are required to meet any special drainage provisions specified in public rules adopted for the various critical areas; E. Utility service connections as long as the excavation for installation avoids impacts to the buffer; and F. Minor encroachments if adequate protection of the buffer will be maintained. (Ord. 15051 § 157, 2004: Ord_ 10870 § 467, 1993). (King County 12-2007) 21A-213 21A.24.205 - 21A.24.210 ZONING 21A.24.205 Coal mine hazard areas — classifications. Based upon a critical area report containing a coal mine hazard assessment prepared in accordance with this chapter, the department shall classify coal mine hazard areas as follows: A. Declassified coal mine areas are those areas where the risk of catastrophic collapse is not significant and that the hazard assessment report has determined do not require special engineering or architectural recommendations to prevent significant risks of property damage_ Declassified coal mine areas typically include, but are not limited to, areas underlain or directly affected by coal mines at depths of more than three hundred feet as measured from the surface; B. Moderate coal mine hazard areas are those areas that pose significant risks of property damage that can be mitigated by implementing special engineering or architectural recommendations. Moderate coal mine hazard areas typically include, but are not limited to, areas underlain or directly affected by abandoned coal mine workings from a depth of zero, which is the surface of the land, to three hundred feet or with overburden -cover -to -seam thickness ratios of less than ten to one depending on the inclination of the seam; and C. Severe coal mine hazard areas are those areas that pose a significant risk of catastrophic ground surface collapse. Severe coal mine hazard areas typically include, but are not limited to, areas characterized by unmitigated openings such as entries, portals, adits, mine shafts, air shafts, timber shafts, sinkholes, improperly filled sinkholes and other areas of past or significant probability for catastrophic ground surface collapse; or areas characterized by, overland surfaces underlain or directly affected by abandoned coal mine workings from a depth of zero, which is the surface of the land, to one hundred fifty feet. (Ord. 15051 § 158, 2004). 21A.24.210 Coal mine hazard areas — development standards and alterations. The following development standards apply to development proposals and alterations on sites containing coal mine hazard areas; A. The applicant shall design alterations within coal mine hazard areas to: 1. Minimize the risk of structural damage in a moderate coal mine hazard area; and 2. Eliminate or minimize significant risk of personal injury in a severe coal mine hazard area; B. Within declassified coal mine areas all alterations are allowed; C. Within moderate coal mine hazard areas and coal mine by-product stockpiles, all alterations are allowed when the risk of structural damage is minimized; and D. Within severe coal mine hazard areas the following alterations are allowed: 1. All grading, filling, stockpile removal, and reclamation activities undertaken in accordance with a coal mine hazard assessment report with the intent of eliminating or mitigating threats to human health, public safety, environmental restoration or protection of property if: a. signed and stamped plans have been prepared by a professional engineer.- b. as -built drawings are prepared following reclamation activities; and c. the plans and as -built drawings are submitted to the department for inclusion with the coal mine hazard assessment report prepared for the property; 2. Private road construction when significant risk of personal injury is eliminated or minimized; 3. Buildings with less than four thousand square feet of floor area that contain no living quarters and that are not used as places of employment or public assembly when significant risk of personal injury is eliminated or minimized; and 4. Additional land use activities if consistent with recommendations contained within any mitigation plan required by a critical area report. (Ord. 15051 § 159, 2004: Ord. 13319 § 7, 1998: Ord. 11896 § 1, 1995: Ord. 10870 § 468, 1993). (King County 12-2007) 21A-214 CRITICAL AREAS 21A,24.220 - 21A,24.230 21A.24.220 Erosion hazard areas — development standards and alterations. The following development standards apply to development proposals and alterations on sites containing erosion hazard areas: A. Clearing in an erosion hazard area is allowed only from April 1 to October 1, except that: 1. Clearing of up to fifteen -thousand square feet within the erosion hazard area may occur at any time on a lot; 2. Clearing of noxious weeds may occur at any time; and 3. Forest practices regulated by the department are allowed at any time in accordance with a clearing and grading permit if the harvest is in conformance with chapter 76.09 RCW and Title 222 WAC; B. All subdivisions, short subdivisions, binding site plans or urban planned developments on sites with erosion hazard areas shall retain existing vegetation in all erosion hazard areas until building permits are approved for development on individual lots. The department may approve clearing of vegetation on lots if: 1. The clearing is a necessary part of a large scale grading plan; and 2. It is not feasible to perform the grading on an individual lot basis; and C. If the department determines that erosion from a development site poses a significant risk of damage to downstream wetlands or aquatic areas, based either on the size of the project, the proximity to the receiving water or the sensitivity of the receiving water, the applicant shall provide regular monitoring of surface water discharge from the site_ If the project does not meet water quality standards established by law or public rules, the county may suspend further development work on the site until such standards are met. (Ord. 15051 § 160, 2004: Ord. 10870 § 469, 1993). 21A.24.230 Flood hazard areas -- components. A. A flood hazard area consists of the following components: 1. Floodplain; 2. Zero -rise flood fringe; 3. Zero -rise floodway; 4. FEMA floodway; and 5. Channel migration zones. B. The department shall delineate a flood hazard area after reviewing base flood elevations and flood hazard data for a flood having a one percent chance of being equaled or exceeded in any given year, often referred to as the 'one -hundred -year flood." The department shall determine the base flood for existing conditions. if a basin plan or hydrologic study including projected flows under future developed conditions has been completed and approved by King County, the department shall use these future flow projections. Many flood hazard areas are mapped by FEMA in a scientific and engineering report entitled 'The Flood Insurance Study for King County and Incorporated Areas." When there are multiple sources of flood hazard data for flood plain boundaries, regulatory floodway boundaries, base flood elevations, or flood cross sections, the department may determine which data most accurately classifies and delineates the flood hazard area. The department may utilize the following sources of flood hazard data for floodplain boundaries, regulatory floodway boundaries, base flood elevations or cross sections when determining a flood hazard area: 1. Flood Insurance Rate Maps; 2_ Flood Insurance Studies,- 3, Preliminary Flood Insurance Rate Maps; 4. Preliminary Flood Insurance Studies; 5. Draft flood boundary work maps and associated technical reports; 6. Critical area reports prepared in accordance with FEMA standards contained in 44 C.F.R. Part 65 and consistent with the King County Surface Water Design Manual provisions for floodplain analysis; 7. Letter of map amendments; 8. Letter of map revisions; 9. Channel migration zone maps and studies; (King County 6-2008) 21A 215 21A.24.230 - 21A.24.240 ZONING 10. Historical flood hazard information; and 11. Wind and wave data provided by the United States Army Corps of Engineers. C. A number of channel migration zones are mapped by the county for portions of river systems. These channel migration zones and the criteria and process used to designate and classify channel migration zones are specified by public rule adopted by the department, An applicant for a development proposal may submit a critical area report to the department to determine channel migration zone boundaries or classify channel migration hazard areas on a specific property if there is an apparent discrepancy between the site -specific conditions or data and the adopted channel migration zone maps. (Ord. 15051 § 161, 2004: Ord. 10870 § 470, 1993). 21A.24.240 Zero -rise flood fringe --- development standards and alterations. The following development standards apply to development proposals and alterations on sites within the zero -rise flood fringe: A. Development proposals and alterations shall not reduce the effective base flood storage volume of the floodplain. A development proposal shall provide compensatory storage if grading or other activity displaces any effective flood storage volume. Compensatory storage shall: 1. Provide equivalent volume at equivalent elevations to that being displaced. For this purpose, equivalent elevations means having similar relationship to ordinary high water and to the best available ten- year, fifty-year and one -hundred -year water surface profiles,- 2. Hydraulically connect to the source of flooding; 3. Provide compensatory storage in the same construction season as when the displacement of flood storage volume occurs and before the flood season begins on September 30 for that year; and 4. Occur on the site. The director may approve equivalent compensatory storage off the site it legal arrangements, acceptable to the department, are made to assure that the effective compensatory storage volume will be preserved over time_ The director may approve of off site compensatory storage through a compensatory storage bank managed by the department of natural resources and parks; B_ A structural engineer shall design and certify all elevated buildings and submit the design to the department; C. A civil engineer shall prepare a base flood depth and base flood velocity analysis and submit the analysis to the department. A base flood depth and base flood velocity analysis is not required for agricultural structures that will not be used for human habitation. Development proposals and alterations are not allowed if the base flood depth exceeds three feet and the base flood velocity exceeds three feet per second, except that the director may approve development proposals and alterations in areas where the base flood depth exceeds three feet and the base flood velocity exceeds three feet per second for the following projects; 1 _ Agricultural accessory structures; 2. Roads and bridges; 3. Utilities; 4. Surface water flow control or surface water conveyance systems; 5. Public park structures; and 6. Flood hazard mitigation projects, such as, but not limited to construction, repair or replacement of flood protection facilities or for building elevations or relocations; D. Subdivisions, short subdivisions, urban planned developments and binding site plans shall meet the following requirements: 1. New building lots shall include five thousand square feet or more of buildable land outside the zero -rise floodway; 2. All utilities and facilities such as sewer, gas, electrical and water systems are consistent with subsections E_, F_ and I. of this section; 3. A civil engineer shall prepare detailed base flood elevations in accordance with FEMA guidelines for all new lots; 4. A development proposal shall provide adequate drainage in accordance with the King County Surface Water Design Manual to reduce exposure to flood damage; and 5. The face of the recorded subdivision, short subdivision, urban planned development or binding site plan shall include the following for all lots: a. building setback areas restricting structures to designated buildable areas: (King County 6-2008) 21 A-216 CRITICAL AREAS 21 A24.240 b. base flood data and sources and flood hazard notes including, but not limited to, base flood elevation, required flood protection elevations, the boundaries of the floodplain and the zero -rise floodway, if determined, and channel migration zone boundaries, if determined; and c, include the following notice: "Lots and structures located within flood hazard areas may be inaccessible by emergency vehicles during flood events. Residents and property owners should take appropriate advance precautions. E. New residential structures and substantial improvements of existing residential structures shall meet the following standards: 1. Elevate the lowest floor, including basement, to the flood protection elevation; 2. Do not fully enclose portions of the structure that are below the lowest floor area; 3. Design and construct the areas and rooms below the lowest floor to automatically equalize hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry and exit of floodwaters as follows: a. provide a minimum of two openings on each of two opposite side walls in the direction of flow, with each of those walls having a total open area of not less than one square inch for every square foot of enclosed area subject to flooding; b. design and construct the bottom of all openings so they are no higher than one foot above grade; and c, screens, louvers or other coverings or devices are allowed over the opening if they allow the unrestricted entry and exit of floodwaters; 4. Use materials and methods that are resistant to and minimize flood damage; and 5. Elevate above or dry -proof all electrical, heating, ventilation, plumbing, air conditioning equipment and other utilities that service the structure, such as duct -work to the flood protection elevation; F. New nonresidential structures and substantial improvements of existing nonresidential structures shall meet the following standards: 1. Elevate the lowest floor to the flood protection elevation; 2. Dry flood -proof the structure to the flood protection elevation to meet the following standards: a. the applicant shall provide certification by a civil or structural engineer that the dry flood - proofing methods are adequate to withstand the flood -depths, pressures, velocities, impacts, uplift forces and other factors associated with the base flood. After construction, the engineer shall certify that the permitted work conforms to the approved plans and specifications; and b, approved building permits for dry flood -proofed nonresidential structures shall contain a statement notifying applicants that flood insurance premiums are based upon rates for structures that are one foot below the elevation to which the building is d ry-flood proofed; 3. Nonresidential agricultural accessory buildings that do not equal or exceed a maximum assessed value of sixty-five thousand dollars may be designed and oriented to allow the free passage of floodwaters through the building in a manner affording minimum flood damage provided they meet the standards in subsection FA. through F.6. of this section. Nonresidential agricultural accessory buildings that equal or exceed sixty-five thousand dollars may apply for an alteration exception pursuant to K.G.C. 21A24.070. Nonresidential agricultural accessory buildings that do not meet the elevation standard in subsection F. 1. of this section or the dry flood -proofing standard in subsection F.2. of this section will be assessed at the flood insurance rate based on the risk to which the building is exposed; 4. Use materials and methods that are resistant to and minimize flood damage; 5. Design and construct the areas and rooms below the lowest floor to automatically equalize hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry and exit of floodwaters as follows: a. provide a minimum of two openings on each of two opposite side walls in the direction of flow, with each of those walls having a total open area of not less than one square inch for every square foot of enclosed area subject to flooding; b. design the bottom of all openings is no higher than one foot above grade; and c. screens, louvers or other coverings or devices are allowed if they do not restrict entry and exit of floodwaters, and 6. Dry flood proof all electrical, heating, ventilation, plumbing, air conditioning equipment and other utility and service facilities to, or elevated above, the flood protection elevation; G. Anchor all new construction and substantially improved structures to prevent flotation, collapse or lateral movement of the structure. The department shall approve the method used to anchor the new construction; (King County 6-2008) 21 A-217 21 A.24240 ZONING H. Newly sited manufactured homes and substantial improvements of existing manufactured homes shall meet the following standards: 1. Manufactured homes shall meet all the standards in this section for residential structures and the following standards: a. anchor all manufactured homes; and b_ install manufactured homes using methods and practices that minimize flood damage; 2. All manufactured homes within a new mobile home park or expansion of an existing mobile home park must meet the requirements for flood hazard protection for residential structures; and 3. Only manufactured homes are allowed in a new or existing mobile home park located in a flood hazard area; 1. Public and private utilities shall meet the following standards: 1. Dry flood -proof new and replacement utilities including, but not limited to, sewage treatment and storage facilities, to, or elevate above, the flood protection elevation; 2. Locate new on -site sewage disposal systems outside the floodplain. When there is insufficient area outside the floodplain, new on -site sewage disposal systems are allowed only in the zero -rise flood fringe. Locate on -site sewage disposal systems in the zero -rise flood fringe to avoid: a. impairment to the system during flooding; b. contamination from the system during flooding; 3. Design all new and replacement water supply systems to minimize or eliminate infiltration of floodwaters into the system; 4. Above -ground utility transmission lines, except for electric transmission lines, are allowed only for the transport of nonhazardous substances; and 5. Bury underground utility transmission lines transporting hazardous substances at a minimum depth of four feet below the maximum depth of scour for the base flood, as predicted by a civil engineer, and achieve sufficient negative buoyancy so that any potential for flotation or upward migration is eliminated; J. Critical facilities are allowed within the zero -rise flood fringe only when a feasible alternative site is not available and the following standards are met: 1. Elevate the lowest floor to the five -hundred year floodplain elevation or three or more feet above the base flood elevation, whichever is higher, 2. Dry flood -proof and seal structures to ensure that hazardous substances are not displaced by or released into floodwaters; and 3. Elevate access routes to or above the base flood elevation from the critical facility to the nearest maintained public street or roadway; K. New construction or expansion of existing farm pads is allowed only as follows: 1. A farm pad is allowed only if there is no other suitable holding area on the site outside the floodplain; 2. Construct the farm pad to the standards in an approved farm management plan prepared in accordance with K.C.C. 21A.24.051 and K.C.C. chapter 21A.30. The farm management plan shall demonstrate compliance with the following: a_ flood storage compensation consistent with subsection A. of this section; b. siting and sizing that do not increase base flood elevations consistent with K.C_C. 21A.24.250.B,; and c. siting that is located in the area least subject to risk from floodwaters; and L. New construction or expansion of existing livestock manure storage facilities is only allowed as follows: 1. The livestock manure storage facility is only allowed if there is not a feasible alternative area on the site outside the floodplain; 2. Construct the livestock manure storage facility to the standards in an approved farm management plan prepared in accordance with K.C.C. 21A.24.051 and K.C.G. chapter 21A.30. The farm management plan shall demonstrate compliance with the following: a. flood storage compensation consistent with subsection A. of this section; b. siting and sizing that do not increase base flood elevations consistent with K.C.C. 21A.24,250.B, and 21A.24.260.D; c. dry flood -proofing to the flood protection elevation; and d_ siting that is located in the area least subject to risk from floodwaters. (Ord. 16172 § 4, 2008: Ord, 15051 § 162, 2004: Ord. 11621 § 76, 1994: Ord. 10870 § 471, 1993). (King County 6-2008) 21 A---218 CRITICAL AREAS 21A.24.250 21A.24.250 Zero -rise floodway — development standards and alterations. The following development standards apply to development proposals and alterations on sites within the zero -rise floodway: A. The development standards that apply to the zero -rise flood fringe also apply to the zero -rise floodway. The more restrictive requirements shall apply where there is a conflict; B. A development proposal shall not increase the base flood elevation except as follow: 1. Revisions to the Flood Insurance Rate Map are approved by FEMA, in accordance with 44 CFR 70, to incorporate the increase in the base flood elevation; and 2. Appropriate legal documents are prepared and recorded in which all property owners affected by the increased flood elevations consent to the impacts on their property.- C. If post and piling construction techniques are used, the following are presumed to produce no increase in the base flood elevation and a critical areas report is not required to establish this fact: 1. New residential structures outside the FEMA floodway on lots in existence before November 27, 1990, that contain less than five thousand square feet of buildable land outside the zero -rise floodway if the total building footprint of all existing and proposed structures on the lot does not exceed two -thousand square feet; 2. Substantial improvements of existing residential structures in the zero -rise floodway, but outside the FEMA floodway, if the footprint is not increased; or 3. Substantial improvements of existing residential structures that meet the standards for new residential structures in K.C.C. 21A.24.240.E; D. When post or piling construction techniques are not used, a critical areas report is required in accordance with K.C.C. 21A.24.110 demonstrating that the proposal will not increase the base flood elevation; E. During the flood season from September 30 to May 1 the following are not allowed to be located in the zero -rise floodway; 1. All temporary seasonal shelters, such as tents and recreational vehicles; and 2. Staging or stockpiling of equipment, materials or substances that the director determines may be hazardous to the public health, safety or welfare; F. New residential structures and substantial improvements to existing residential structures or any structure accessory to a residential use shall meet the following standards: 1. Locate the structures outside the FEMA floodway; 2. Locate the structures only on lots in existence before November 27, 1990, that contain less than five thousand square feet of buildable land outside the zero -rise floodway; and 3. To the maximum exten practical, locate the structures the farthest distance from the channel, unless the applicant can demonstrate that an alternative location is less subject to risk; G. Public and private utilities are only allowed if: 1. The department determines that a feasible alternative site is not available, 2. A waiver is granted by the Seattle -King County department of public health for new on -site sewage disposal facilities; 3. The utilities are dry flood -proofed to or elevated above the flood protection elevation; 4. Above -ground utility transmission lines, except for electrical transmission lines, are only allowed for the transport of nonhazardous substances; and 5. Underground utility transmission lines transporting hazardous substances are buried at a minimum depth of four feet below the maximum dept of scour for the base flood, as predicted by a civil engineer, and achieve sufficient negative buoyancy so that any potential for flotation or upward migration is eliminated; H. Critical facilities, except for those listed in subsection I. of this section are not allowed within the zero -rise floodway; and (King County 6-2008) 21 A-219 21A24.250 - 21A.24.260 ZONING 1. Structures and installations that are dependent upon the zero -rise floodway are allowed in the zero -rise floodway if the development proposal is approved by all agencies with jurisdiction and meets the development standards for the zero -rite floodway. These structures and installations may include, but are not limited to: 1. Dams or diversions for water supply, flood control, hydroelectric production, irrigation or fisheries enhancement; 2. Flood damage reduction facilities, such as levees, revetments and pumping stations; 3, Stream bank stabilization structures only if a feasible alternative does not exist for protecting structures, public roadways, flood protection facilities or sole access routes. Bank stabilization projects must meet the standards of King County's Guidelines for Bank Stabilization Projects (King County Surface Water Management 1993) and use bioengineering techniques to the maximum extent practical- An applicant may use alternative methods to the guidelines if the applicant demonstrates that the alternative methods provide equivalent or better structural stabilization, ecological and hydrological functions and salmonid habitat; 4. Surface water conveyance facilities; 5. Boat launches and related recreation structures; 6. Bridge piers and abutments; and 7. Approved aquatic area or wetland restoration projects including, but not limited to, fisheries enhancement projects. (Ord. 15051 § 163, 2004: Ord. 10870 § 472, 1993). 21A.24.260 FEMA floodway— development standards and alterations. A. The development standards that apply to the zero -rise floodway also apply to the FEMA floodway. The more restrictive standards apply where there is a conflict. B. A development proposal shall not increase the base flood elevation. A civil engineer shall certify, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that any proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge. C. New residential or nonresidential structures are prohibited within the mapped FEMA floodway, except for farm pads and nonresidential agricultural accessory buildings within an agricultural production district that meet applicable compensatory storage and conveyance standards. Until March 31, 2010, the size of a new nonresidential agriculture accessory building is limited to a footprint of five thousand square feet. A residential structure cannot be constructed on fill placed within the mapped FEMA floodway. D. Manure storage facilities are prohibited in the FEMA floodway. E. If the footprint of the existing residential structure is not increased, substantial improvements of existing residential structures in the FEMA floodway, meeting the requirements of WAC 173-158-070, as amended, are presumed to not increase the base flood elevation and do not require a critical areas report to establish this fact. F. Maintenance, repair, replacement or improvement of an existing residential structure located within the agricultural production district on property that is zoned agriculture (A) is allowed in the FEMA floodway if the structure meets the standards for residential structures and utilities in K.C.C. 21A.24.240 and also meets the following requirements: 1. The existing residential structure was legally established; 2. The viability of the farm is dependent upon a residential structure within close proximity to other agricultural structures; and 3. Replacing an existing residential structure within the FEMA floodway is only allowed if: a. there is not sufficient buildable area on the site outside the FEMA floodway for the replacement; b. the replacement residential structure is not located in an area that increases the flood hazard in water depth, velocity or erosion; c. the building footprint of the existing residential structure is not increased; and d. the existing structure, including the foundation, is completely removed within ninety days of receiving a certificate of occupancy, or temporary certificate of occupancy, whichever occurs first, for the replacement structure. (King County 6-2008) 21 A---220 CRITICAL AREAS 21A.24.260 - 21A.24.270 G. Maintenance, repair or replacement of a substantially damaged existing residential structure, other than a residential structure located within the agricultural production district on property that is zoned agricultural (A), is allowed in the FEMA floodway if the structure meets the standards for existing residential structures and utilities in K.C.C, 21A.24.240 and also meets the following requirements: 1. The Washington state Department of Ecology has assessed the flood characteristics of the site and determined: a. base flood depths will not exceed three feet; b. base flood velocities will not exceed three feet per second; c. there is no evidence of flood -related erosion, as determined by location of the project site in relationship to mapped channel migration zones or, if the site is not mapped, evidence of overflow channels and bank erosion; and d. a flood warning system or emergency plan is in operation; 2. The Washington state Department of Ecology has prepared a report of findings and recommendations to the department that determines the repair or replacement will not result in an increased risk of harm to life based on the characteristics of the site; 3. The department has reviewed the Washington state Department of Ecology report and concurs that the development proposal is consistent with the findings and recommendations in the report; 4. The development proposal is consistent with the findings and recommendations of the Washington state Department of Ecology report; 5. The existing residential structure was legally established; and 6. Replacing an existing residential structure within the FEMA floodway is only allowed if: a. there is not sufficient buildable area on the site outside the FEMA floodway; b. the replacement structure is a residential structure built as a substitute for a previously existing residential structure of equivalent use and size; and c. the existing residential structure, including the foundation, is removed within ninety days of receiving a certificate of occupancy, or temporary certificate of occupancy, whichever occurs first, for the replacement structure. H. Maintenance or repair of a structure, as defined in WAC 173-158-030, that is identified as a historic resource, as defined in K.C.C. 21A.06.597, is allowed in the FEMA floodway if the structure and utilities meet the standards of K.C.C. 21A24.240 for residential structures or nonresidential structures, as appropriate. (Ord. 16172 § 5, 2008: Ord. 15051 § 164, 2004: Ord. 10870 § 473, 1993). 21A.24.270 Flood hazard areas — certification by engineer or surveyor. A. For all new structures or substantial improvements in a flood hazard area, the applicant shall provide a FEMA elevation certificate completed by a civil engineer or land surveyor licensed by the state of Washington documenting: 1. The actual as -built elevation of the lowest floor, including basement; and 2. The actual as -built elevation to which the structure is dry flood -proofed, if applicable. B. The applicant shall submit a FEMA elevation certificate before the issuance of a certificate of occupancy or temporary certificate of occupancy, whichever occurs first. For unoccupied structures, the applicant shall submit the FEMA elevation certificate before the issuance of the final letter of completion or temporary letter of completion, whichever occurs first. C. The engineer or land surveyor shall indicate if the structure has a basement. D. The department shall maintain the certifications required by this section for public inspection and for certification under the National Flood Insurance Program. (Ord. 15051 § 165, 2004: Ord_ 10870 § 474, 1993). (King County 6-2008) 21 A-221 21A.24.275 ZONING 21A.24.275 Channel migration zones — development standards and alterations. The following development standards apply to development proposal and alterations on sites within channel migration zones that have been mapped and adopted by public rule: A. The development standards that apply to the aquatic area buffers in K.C.C. 21A.24.365 also apply to the severe channel migration zone and the portion of the moderate channel migration zone that is within the aquatic area buffer. The mare -restrictive standards apply where there is a conflict; B. Only the alterations identified in K.C.C. 21A.24.045 are allowed within a severe channel migration hazard area; C. The following standards apply to development proposals and alterations within the moderate channel migration hazard area: 1. Maintenance, repair or expansion of any use or structure is allowed if the existing structure's footprint is not expanded towards any source of channel migration hazard, unless the applicant can demonstrate that the location is the least subject to risk; 2. New primary dwelling units, accessory dwelling units or accessory living quarters, and required infrastructure, are allowed if: a. the structure is located on a separate lot in existence on or before February 16, 1995; site; and b. a feasible alternative location outside of the channel migration hazard area is not available on- c. to the maximum extent practical, the structure and supporting infrastructure is located the farthest distance from any source of channel migration hazard, unless the applicant can demonstrate that an alternative location is: (1) the least subject to risk; or (2) within the outer third of the moderate channel migration hazard area as measured perpendicular to the channel; 3. New accessory structures are allowed if: a. a feasible alternative location is not available on -site; and b. to the maximum extent practical, the structure is located the farthest distance from the migrating channel; 4. The subdivision of property is allowed within the portion of a moderate channel migration hazard area located outside an aquatic area buffer if: a. All lots contain five -thousand square feet or more of buildable land Outside of the moderate channel migration hazard area; b. Access to all lots does not cross the moderate channel migration hazard area; and c. All infrastructure is located outside the moderate channel migration hazard area except that an on -site septic system is allowed in the moderate channel migration hazard area if: (1) a feasible alternative location is not available on -site; and (2) to the maximum extent practical, the septic system is located the farthest distance from the migrating channel. (Ord. 15051 § 166, 2004: Ord. 11621 § 75, 1994). (King County 6-2008) 21 A-222 CRITICAL AREAS 21A.24.280 - 21A.24.300 21A.24.280 Landslide hazard areas — development standards and alterations. The following development standards apply to development proposals and alterations on sites containing landslide hazard areas: A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21 A.24.045 are allowed within a landslide hazard area with a slope of forty percent or greater; B. A buffer is required from all edges of the landslide hazard area. To eliminate or minimize the risk of property damage or injury resulting from landslides caused in whole or part by the development, the department shall determine the size of the buffer based upon a critical area report prepared by a geotechnical engineer or geologist. If a critical area report is not submitted to the department, the minimum buffer is fifty feet. If the landslide hazard area has a vertical rise of more than two -hundred feet, the department may increase the minimum building setback in K. C. C_ 21A.24.200 to one -hundred feet; C. Unless otherwise provided in K.C.C. 21A.24.045 or as a necessary part of an allowed alteration, removal of any vegetation from a landslide hazard area or buffer is prohibited; D. All alterations shall minimize disturbance to the landslide hazard area, slope and vegetation unless necessary for slope stabilization; and E. Alterations in a landslide hazard area located on a slope less than forty percent are allowed if: 1. The proposed alteration will not decrease slope stability on contiguous properties; and 2. The risk of property damage or injury resulting from landsliding is eliminated or minimized. (Ord. 15051 § 167, 2004: Ord. 12822 § 9, 1997: Ord. 10870 § 475. 1993). 21A.24.290 Seismic hazard areas — development standards and alterations. The following development standards apply to development proposals and alterations on sites containing seismic hazard areas: A. The department may approve alterations to seismic hazard areas only if: 1. The evaluation of site -specific subsurface conditions shows that the proposed development site is not located in a seismic hazard area; or 2. The applicant implements appropriate engineering design based on the best available engineering and geological practices that either eliminates or minimizes the risk of structural damage or injury resulting from seismically induced settlement or soil liquefaction; and B. The department may waive or reduce engineering study and design requirements for alterations in seismic hazard areas for: 1. Mobile homes; 2. Additions or alterations that do not increase occupancy or significantly affect the risk of structural damage or injury; and 3. Buildings with less than two -thousand -five hundreds square feet of floor area or roof area, whichever is greater, and that are not dwelling units or used as places of employment or public assembly, (Ord. 15051 § 168, 2004: Ord. 10870 § 476, 1993). 21A.24.300 Volcanic hazard areas — development standards and alterations. The following development standards apply to development proposal and alterations on sites containing volcanic hazard areas: A. Within volcanic hazard areas located along the White river upstream from Mud Mountain dam: 1. Critical facilities, apartments, townhouses or commercial structures are not allowed; 2. All new lots created by subdivision, short subdivision or binding site plan shall designate building areas and building setbacks outside of the volcanic hazard area; and 3. The notice of critical areas required under this chapter is required for new single detached dwellings on existing lots; B. Within volcanic hazard areas located along the White river downstream from Mud Mountain dam and the Green and Duwamish rivers, the department shall evaluate development proposals for critical facilities for risk of inundation or flooding resulting from mudflows originating on Mount Rainier. The applicant shall design critical facilities to withstand, without damage, the effects of mudflows equal in magnitude to the prehistoric Electron mudflow; and C. This section does not apply until King County has completed the required modeling and mapping of volcanic hazard areas. (Ord. 15051 § 169, 2004: Ord. 10870 § 477, 1993), (King County 12-2007) 21 A-223 21A.24.310 - 21A.24.312 ZONING 21A.24.310 Steep slope hazard areas -- development standards and alterations. The following development standards apply to development proposals and alterations on sites containing steep slope hazard areas: A. Except as provided in subsection D. of this section, unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24,045 are allowed within a steep slope hazard area; B. A buffer is required from all edges of the steep slope hazard area. To eliminate or minimize the risk of property damage or injury resulting from slope instability, landsiiding or erosion caused in whole or part by the development, the department shall determine the size of the buffer based upon a critical area report prepared by a geotechnical engineer or geologist. If a critical area report is not submitted to the department, the minimum buffer is fifty feet. For building permits for single detached dwelling units only, the department may waive the special study requirement and authorize buffer reductions if the department determines that the reduction will adequately protect the proposed development and the critical area; and C. Unless otherwise provided in K.C.C. 21A.24.045 or as a necessary part of an allowed alteration, removal of any vegetation from a steep slope hazard area or buffer is prohibited; D. All alterations are allowed in the following circumstance: 1, Slopes which are forty percent or steeper with a vertical elevation change of up to twenty feet if no adverse impact will result from the exemption based on King County's review of and concurrence with a soils report prepared by a geologist or geotechnical engineer; and 2. The approved regrading of any slope which was created through previous legal grading activities. Any slope which remains forty percent or steeper following site development shall be subject to all requirements for steep slopes. (Ord. 15051 § 170, 2004: Ord. 13190 § 21, 1998: Ord. 11621 § 77, 1994: Ord. 11273 § 5, 1994: Ord. 10870 § 478, 1993). 21A.24.311 Critical aquifer recharge areas — map adopted. The map entitled King County Critical Aquifer Recharge Areas, included in Attachment B to Ordinance 15051, is hereby adopted as the designation of critical aquifer recharge areas in King County in accordance with ROW 36.70A.170. The council may adopt by ordinance revisions to add or remove critical aquifer recharge areas based on additional information about areas with susceptibility to ground water contamination or on changes to sole source aquifers or wellhead protection areas as identified in wellhead protection programs_ (Ord. 15051 § 172, 2004: Ord. 11481 § 2, 1994. Formerly K.C.C. 20.70.020). 21A.24.312 Critical aquifer recharge areas — reclassification or declassification. Upon application supported by a critical areas report that includes a hydrogeologic site evaluation, the department, in consultation with the department of natural resources and parks, may determine that an area that is classified as a critical aquifer recharge area on the map adopted and amended by public rule under K.C.C. 21A.24.311: A. Does not meet the criteria for a critical aquifer recharge area and declassify that area; or B. Has the wrong critical aquifer recharge area classification and determine the correct classification. (Ord. 15051 § 173, 2004). (King County 12-2007) 21 A-224 CRITICAL AREAS 21A.24.313 - 21A.24.316 21A.24.313 Critical aquifer recharge areas — categories. Critical aquifer recharge areas are categorized as follows: A. Category I critical aquifer recharge areas include those mapped areas that King County has determined are highly susceptible to groundwater contamination and that are located within a sole source aquifer or a wellhead protection area; B. Category II critical aquifer recharge areas include those mapped areas that King County has determined: 1. Have a medium susceptibility to ground water contamination and are located in a sole source aquifer or a wellhead protection area; or 2. Are highly susceptible to groundwater contamination and are not located in a sole source aquifer or wellhead protection area; and C. Category 111 critical aquifer recharge areas include those mapped areas that King County has determined have low susceptibility to groundwater contamination and are located over an aquifer underlying an island that is surrounded by saltwater. (Ord_ 15051 § 174, 2004), 21A.24.314 Critical aquifer recharege areas — King County Code provisions adopted — Washington state underground tank provisions implemented. To protect critical aquifer recharge areas, in accordance with chapter 36.70A RCW, the following provisions of the King County Code are determined to protect critical aquifer recharge areas: K.C.C_ chapters 8.12, 9.04, 16.82, 21A.06, 21A.16, 21A.22 and 21A.24 and K.C.C. 17.04.010. For the purposes of RCW 90.76.040, King County declares critical aquifer recharge areas to be environmentally sensitive areas. (Ord. 15051 § 176, 2004: Ord. 11481 §§ 3, 5, 1994. Formerly K_C.C. 20.70.030). 21A.24.315 Board of Health regulations adopted. The following Titles of the Code of King County Board of Health are hereby adopted in accordance with RCW 36.70A.060 to protect critical aquifer recharge areas: Title 10 "King County Solid Waste Regulations", Title 12 "King County Public Water System Rules and Regulations", and Title 13 "On -Site Sewage Disposal Systems." (Ord. 15051 § 177, 2004: Ord. 11481 § 4, 1994. Formerly K.C.C. 20.70.040). 21A.24.316 Critical aquifer recharge areas — development standards. The following development standards apply to development proposals and alterations on sites containing critical aquifer recharge areas: A. Except as otherwise provided in subsection H. of this section, the following new development proposals and alterations are not allowed on a site located in a category I critical aquifer recharge area: 1. Transmission pipelines carrying petroleum or petroleum products; 2. Sand and gravel, and hard rock mining unless: a_ the site has mineral zoning as of January 1, 2005; or b. mining is a permitted use on the site and the critical aquifer recharge area was mapped after the date a complete application for mineral extraction on the site was filed with the department; 3. Mining of any type below the upper surface of the saturated ground water that could be used for potable water supply; 4. Disposal of radioactive wastes, as defined in chapter 43.200 RCW; 5. Hydrocarbon extraction; 6. Commercial wood treatment facilities on permeable surfaces; 7. Underground storage tanks, including tanks that are exempt from the requirements of chapter 173 WAC, with hazardous substances, as defined in chapter 70.105 RCW, that do not comply with standards of chapter 173-360 WAC and K.C_C_ Title 17; 8. Above -ground storage tanks for hazardous substances, as defined in chapter 70.105 RCW, unless protected with primary and secondary containment areas and a spill protection plan; (King County 6-2006) 21 A-225 21A.24.316 ZONING 9. Golf courses; 10_ Cemeteries; 11. Wrecking yards; 12. Landfills for hazardous waste, municipal solid waste or special waste, as defined in K.C.C. chapter 10.04; and 13, On lots smaller than one acre, an on -site septic system, unless: a. the system is approved by the Washington state Department of Health and the system either uses an up flow media filter system or a proprietary packed -bed filter system or is designed to achieve approximately eighty percent total nitrogen removal for typical domestic wastewater, or b. the Seattle -King County department of public health determines that the systems required under subsection A.13.a. of this section will not function on the site. B. Except as otherwise provided in subsection H. of this section, the following new development proposals and alterations are not allowed on a site located in a category 11 critical aquifer recharge area: 1. Mining of any type below the upper surface of the saturated ground water that could be used for potable water supply; 2_ Disposal of radioactive wastes, as defined in chapter 43.200 RCW; 3. Hydrocarbon extraction; 4. Commercial wood treatment facilities located on permeable surfaces; 5.a. Except for a category 11 critical aquifer recharge area located over an aquifer underlying an island that is surrounded by saltwater, underground storage tanks with hazardous substances, as defined in chapter 70.105 RCW, that do not meet the requirements of chapter 173-360 WAC and K.C.C. Title 17; and b. For a category II critical aquifer recharge area located over an aquifer underlying an island that is surrounded by saltwater, underground storage tanks, including underground storage tanks exempt from the requirements of chapter 173-360 WAC, with hazardous substances, as defined in chapter 70.105 RCW, that do not comply with the standards in chapter 173-360 WAC and K.C.C. Title 17; 6_ Above -ground storage tanks for hazardous substances, as defined in chapter 70.105 RCW, unless protected with primary and secondary containment areas and a spill protection plan; 7. Wrecking yards; 8. Landfills for hazardous waste, municipal solid waste, or special waste, as defined in K.C.C. chapter 10.04, and 9. On tots smaller than one acre, an on -site septic systems, unless: a. the system is approved by the Washington state Department of Health and the system either uses an up flow media filter system or a proprietary packed -bed filter system or is designed to achieve approximately eighty percent total nitrogen removal for typical domestic wastewater, or b. the Seattle -King County department of public health determines that the systems required under subsection B.9.a. of this section will not function on the site- C. Except as otherwise provided in subsection H. of this section, the following new development proposals and alterations are not allowed on a site located in a category III critical aquifer recharge area: 1. Disposal of radioactive wastes, as defined in chapter 43.200 RCW; 2. Hydrocarbon extraction; 3. Commercial wood treatment facilities located on permeable surfaces; 4. Underground storage tanks, including tanks exempt from the requirements of chapter 173-360 WAC, with hazardous substances, as defined in chapter 70.105 RCW, that do not comply with the requirements of chapter 173-360 WAC and K.C.C. Title 17; 5. Above ground storage tanks for hazardous substances, as defined in chapter 70.105 RCW, unless protected with primary and secondary containment areas and a spill protection plan; 6. Wrecking yards; and 7. Landfills for hazardous waste, municipal solid waste, or special waste, as defined in K.G.C. chapter 10.04. (King County 6-2006) 21A-226 CRITICAL AREAS 21A.24.316 - 21A.24.318 D. The following standards apply to development proposals and alterations that are substantial improvements on a site located in a critical aquifer recharge area: 1. The owner of an underground storage tank, including a tank that is exempt from the requirements of chapter 173 WAC, in a category 1 or III critical aquifer recharge area or a category 11 critical aquifer recharge area located over an aquifer underlying an island that is surrounded by saltwater shall either bring the tank into compliance with the standards of chapter 173 WAG and K.C.C. Title 17 or properly decommission or remove the tank; and 2. The owner of an underground storage tank in a category II critical aquifer recharge area not located on located over an aquifer underlying an island that is surrounded by saltwater shall bring the tank into compliance with the standards of chapter 173-360 WAC and K.C.C. Title 17 or shall properly decommission or remove the tank. E_ In any critical aquifer recharge area, the property owner shall properly decommission an abandoned well. F. On a site located in a critical aquifer recharge area within the urban growth area, a development proposal for new residential development, including, but not limited to, a subdivision, short subdivision, or dwelling unit, shall incorporate best management practices included in the King County Surface Water Design Manual into the site design in order to infiltrate stormwater runoff to the maximum extent practical. G. On an island surround by saltwater, the owner of a new well located within two hundred feet of the ordinary high water mark of the marine shoreline and within a critical aquifer recharge area shall test the well for chloride levels using testing protocols approved by the Washington state Department of Health. The owner shall report the results of the test to Seattle -King County department of public health and to the department of natural resources and parks. If the test results indicate saltwater intrusion is likely to occur, the department of natural resources and parks, in consultation with Seattle -King County department of public health, shall recommend appropriate measures to prevent saltwater intrusion. H. On a site greater than twenty acres, the department may approve a development proposal otherwise prohibited by subsections A., B. and C. of this section if the applicant demonstrates through a critical areas report that the development proposal is located outside the critical aquifer recharge area and that the development proposal will not cause a significant adverse environmental impact to the critical aquifer recharge area. 1. The provisions relating to underground storage tanks in subsections A. through D. of this section apply only when the proposed regulation of underground storage tanks has been submitted to and approved by the Washington state department of ecology, in accordance with 90.76.040 RCW and WAC 173-360-530_ (Ord_ 15051 § 179, 2004). 21A.24.318 Wetlands— categories. A. Wetlands are classified into category I, category II, category III and category IV based on the adopted Washington State Wetland Rating System for Western Washington, Washington state department of ecology publication number 04-06-025, published August 2004. B. Wetland rating categories shall not recognize illegal modifications. (Ord. 15051 § 183, 2004). (King County 6-2006) 21 A-227 21A.24.325 ZONING 21A.24.325 Wetlands — buffers. Except as otherwise provided in this section, buffers shall be provided from the wetland edge as follows: A_ In the Urban Growth Area, buffers for wetlands shall be established in accordance with the following standards: 1_ The standard buffer widths of the following table shall apply unless modified in accordance with subsection A.2, A.3, C. or D. of this section: WETLAND CATEGORY AND CHARACTERISTICS BUFFER Categopf I Natural Heritage Wetlands 215 feet Bog 215 feet Estuarine 175 feet Coastal Lagoon 175 feet Habitat score from 29 to 36 points 225 feet Habitat score from 20 to 28 points 150 feet Category I wetlands not meeting any of the criteria below 125 feet Category II Estuarine 135 feet Habitat score from 29 to 36 points 200 feet Habitat score from 20 to 28 points 125 feet Category II wetlands not meeting any of the criteria below 100 feet Category III Habitat score from 20 to 28 points 125 feet Category III wetlands not meeting any of the criteria below 75 feet Category IV 50 feet 2_ If a Category I or II wetland with habitat score greater than twenty points is located within three hundred feet of a priority habitat area as defined by the Washington state Department of Fish and Wildlife, the buffer established by subsection A.1. of this section shall be increased by fifty feet unless_ a. the applicant provides relatively undisturbed vegetated corridor at least one hundred feet wide between the wetland and all priority habitat areas located within three hundred feet of the wetland. The corridor shall be protected for the entire distance between the wetland and the priority habitat through a conservation easement, native growth protection easement or the equivalent; and b. the applicable mitigation measures in subsection A.3.b. of this section are provided; and 3_ Buffers calculated in accordance with subsection A.I. and A2. of this scetion shall be reduced as follows: a. Buffers for all categories of wetlands shall be reduced by twenty-five feet if the applicant implements all applicable mitigation measures identified in subsection A.3.b. of this section, or if the applicant proposes alternate mitigation to reduce the impacts of the development and the department determines the altemative provides equivalent mitigation. (King County 6-2006) 21 A-228 CRITICAL AREAS 21A.24.325 b. The following mitigation measures may be used by an applicant to obtain a reduced buffer width under subsection A.1. of this section_ Disturbance Measures to minimize impacts Activities that may cause the disturbance Lights Direct lights away from wetland Parking lots, warehouses, manufacturing, high density residential Noise Place activity that generates noise away manufacturing, high density residential from the wetland. Toxic runoff Route all new untreated runoff away from Parking lots, roads, manufacturing, wetland, or residential areas, application of Covenants limiting use of pesticides within agricultural pesticides, landscaping 150 ft of wetland, or Implement integrated pest management ro ram Change in Infiltrate or treat, detain and disperse into Any impermeable surface, lawns, tilling water regime buffer new runoff from impervious surfaces Pets and Privacy fencing or landscaping to delineate Residential areas Human buffer edge and to discourage disturbance disturbance of wildlife by humans and.pets Dust BMP's for dust Tilled fields Degraded Nonnative plants to be removed and All activities potentially requiring buffer condition replaced with native vegetation per an buffers approved landscaping plan to be bonded and monitored for a three year period after completion to assure at least 80% survival of plantings (King County 6-2006) 21 A-229 21A24.325 ZONING B. For a wetland located outside the Urban Growth Area; 1. The buffers shown on the following table apply unless modified in accordance with subsections C. and D. of this section: WETLAND CATEGORY AND CHARACTERISTICS INTENSITY OF IMPACT OF ADJACENT LAND USE HIGH IMPACT MODERATE IMPACT LOW IMPACT Category I Category I wetlands not meeting any of the criteria below 100 feet 75 feet 50 feet Natural Heritage Wetlands 250 feet 190 feet 125 feet Bog 250 feet 190 feet 125 feet Estuarine 200 feet 150 feet 100 feet Coastal Lagoon 200 feet 150 feet 100 feet Habitat score from 29 to 36 points 300 feet 225 feet 150 feet Habitat score from 20 to 28 points 150 feet 110 feet 75 feet Cate wry 11 Category II wetlands not meeting any of the criteria below 100 feet 75 feet 50 feet Estuarine 150 feet 110 feet 75 feet Interdunal 150 feet 110 feet 75 feet Habitat score from 29 to 36 points 300 feet 225 feet 150 feet Habitat score from 20 to 28 points 150 feet 110 feet 75 feet Category III Category III wetlands not meeting any of the criteria below 80 feet 60 feet 40 feet Habitat score from 20 to 28 points 150 feet 110 feet 75 feet Category IV 50 feet 40 feet 25 feet 2. For purposes of this subsection B., unless the director determines a lesser level of impact is appropriate based on information provided by the applicant, the intensity of impact of the adjacent land use is determined as follows: a. high impact includes: (1) sites zoned commercial or industrial; (2) commercial or industrial use on a site regardless of the zoning designation; (3) nonresidential use on a site zoned for residential use; (4) active recreation use on a site regardless of zoning,- b. moderate impact includes: (1) residential uses on sites zoned rural residential without an approved rural stewardship plan; (2) residential use on a site zoned agriculture or forestry; or (3) agricultural uses without an approved farm management plan; and c. low impact includes: (1) forestry use on a site regardless of zoning designation; (2) residential uses on sites zoned rural residential with an approved rural stewardship plan; (3) passive recreation uses, such as trails, nature viewing areas, fishing and camping areas, and other similar uses that do not require permanent structures, on a site regardless of zoning; or (4) agricultural uses carried out in accordance with an approved farm management plan. (King County 6-2006) 21A-230 CRITICAL AREAS 21A.24.325 C. The department may approve a modification of the minimum buffer width required by this section by averaging the buffer width if; 1 _ The department determines that: a. the ecological structure and function of the buffer after averaging is equivalent to or greater than the structure and function before averaging; or b, averaging includes the corridors of a wetland complex; and 2, The resulting buffer meets the following standards: a. the total area of the buffer after averaging is equivalent to or greater than the area of the buffer before averaging; b. the additional buffer is contiguous with the standard buffer; and c. if the buffer width averaging allows a structure or landscaped area to intrude into the area that was buffer area before averaging, the resulting landscaped area shall extend no more than fifteen feet from the edge of the structure's footprint toward the reduced buffer. D. Wetland buffer widths shall also be subject to modifications under the following special circumstances: 1. For wetlands containing documented habitat for endangered, threatened or species of local importance, the following shall apply: a. the department shall establish the appropriate buffer, based on a habitat assessment, to ensure that the buffer provides adequate protection for the sensitive species; and b. the department may apply the buffer increase rules in subsection A.2. of this section, the buffer reduction rules in subsection A.3. of this section, and the buffer averaging rules in subsection C_ of this section; 2. For a wetland buffer that includes a steep slope hazard area or landslide hazard area, the buffer width is the greater of either the buffer width required by the wetland's category in this section or twenty-five feet beyond the top of the hazard area; and 3. For a wetland complex located outside the Urban Growth Area established by the King County Comprehensive Plan or located within the Urban Growth Area in a basin designated as "high" on the Basin and Shoreline Conditions Map, which is included as Attachment A to this ordinance, the buffer width is determined as follows: a. the buffer width for each individual wetland in the complex is the same width as the buffer width required for the category of wetland; b. if the buffer of a wetland within the complex does not touch or overlap with at least one other wetland buffer in the complex, a corridor is required from the buffer of that wetland to one other wetland buffer in the complex considering the following factors: (1) the corridor is designed to support maintaining viable wildlife species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing, or feeding; (2) the corridor minimizes fragmentation of the wetlands; (3) higher category wetlands are connected through corridors before lower category wetlands; and (4) the corridor width is a least twenty-five percent of the length of the corridor, but no less than twenty-five feet in width; and (5) shorter corridors are preferred over longer corridors; c. wetlands in a complex that are connected by an aquatic area that flows between the wetlands are not required to be connected through a corridor; d. the department may exclude a wetland from the wetland complex if the applicant demonstrates that the wetland is unlikely to provide habitat for wildlife species that are commonly recognized to exclusively or partially use wetlands and wetland buffers during a critical life cycle stage, such as breeding, rearing or feeding; and e. the alterations allowed in a wetland buffer in K.C.C. 21A.24.045 are allowed in corridors subject to the same conditions and requirements as wetland buffers as long as the alteration is designed so as not to disrupt wildlife movement through the corridor; and (King County 6-2006) 21A-231 21 A.24.325 - 21 A24.340 ZONING 4. Where a legally established roadway transects a wetland buffer, the department may approve a modification of the minimum required buffer width to the edge of the roadway if the part of the buffer on the other side of the roadway sought to be reduced: a. does not provide additional protection of the proposed development or the wetland; and b. provides insignificant biological, geological or hydrological buffer functions relating to the other portion of the buffer adjacent to the wetland." E. Wetlands created through voluntary enhancement or restoration projects are not subject to the buffers established in subsections A. and B. of this section. (Ord. 15051 § 185, 2004). 21A.24.335 Wetlands — development standards and alterations. The following development standards apply to development proposals and alterations on sites containing wetlands or their buffers: A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed in wetlands and wetland buffers; B. The applicant shall not introduce any plant or wildlife that is not indigenous to the Puget Sound lowland into any wetland or wetland buffer unless authorized by a state or federal permit or approval.- C. A category IV wetland less than two -thousand -five -hundred square feet that is not part of a wetland complex may be altered by relocating its functions into a new wetland on the site in accordance with an approved mitigation plan; and D. Alterations to category I wetlands containing bogs or fens are limited to K.C_C_ 21A24.045 D_20. and D.52. (Ord. 15051 § 187, 2004). 21A.24.340 Wetlands --- specific mitigation requirements. In addition to the requirements in K.C.C. 21A.24.125 and 21A.24.130, the following applies to mitication to compensate for the adverse impacts associated with an alteration to a wetland or wetland buffer: A. Mitigation measures must achieve equivalent or greater wetland functions, including, but not limited to: 1. Habitat complexity, connectivity and other biological functions; and 2. Seasonal hydrological dynamics, as provided in the King County Surface Water Design Manual; B. The following ratios of area of mitigation to area of alteration apply to mitigation measures for permanent alterations: 1. For alterations to a wetland buffer, a ratio of one to one; and 2. For alterations to a wetland: Category and Wetland Wetland 1:1 Wailand Wetland type of wetland reestablishment or rehabilitation reestablishment or enhancement creation wetland creation (R/C) only and wetland enhancement E Category IV 1.5:1 3.1 1:1 RIC and 2:1 E 611 Category ill 2:1 4:1 1:1 R/C and 2:1 E 8:1 Category II Case -by -case 4:1 rehabilitation of Case -by -case Case -by -case estuarine an estuarine wetland All other 3:1 8:1 1:1 RIC and 4:1 E 12:1 Categoty 11 Category 1 6:1 12:1 1!1 RIC and 10,1 E Case -by -case forested Category 1 4:1 8:1 1:1 RIC and 6:1 E Case -by -case based on score for functions Category I Not allowed 6:1 rehabilitation of Case -by -case Case -by -case natural heritage a natural heritage site site Category I Not allowed 6:1 rehabilitation of Case -by -case Case -by -case coastal lagoon a coastal lagoon Category I bog Not allowed 6:1 rehabilitation of Case -by -case Case -by -case a ba Category I Case -by -case 6:1 rehabilitation of Case -by -case Case -by -case estuarine an estuarine wetland (King County 6-2006) 21 A-232 CRITICAL AREAS 21A.24.340 C. The following ratios of area of mitigation to area of alteration apply to mitigation measures for temporary alterations where wetlands will not be impacted by permanent fill material: Wetland Permanent conversion of forested and shrub Mitigation for temporal loss of forested and category wetlands into emergent wetlands shrub wetlands when the impacted wetlands will be revegetated to forest or shrub communities Enhancement Rehabilitation Creation or Enhancement Rehabilitation Creation or restoration restoration Category I 6:1 4,5:1 3:1 3:1 2:1 1.5:1 Category 11 3:1 2:1 1.5:1 1.5:1 1:1 .75:1 Category III 2:1 1.51 1:1 1:1 _75:1 .5:1 Category 1.5:1 1:1 .75:1 Not applicable Not applicable Not IV I I I I I applicable Q. The department may increase the mitigation ratios provided in subsections B. and C. of this section under the following circumstances: 1. The department determines there is uncertainty as to the probable success of the proposed restoration or creation; 2. A significant period of time will elapse between the impact caused by the development proposal and the establishment of wetland functions at the mitigation site; 3. The proposed mitigation will result in a lower category wetland or reduced functions relative to the wetland being impacted; or 4. The alteration causing the impact was an unauthorized impact. E. The department may decrease the mitigation ratios provided in subsections 13_ and C. of this section under the following circumstances: 1. The applicant demonstrates by documentation submitted by a qualified wetland specialist that the proposed mitigation actions have a very high likelihood of success based on hydrologic data and prior experience; 2. The applicant demonstrates by documentation by a qualified wetland specialist that the proposed actions for compensation will provide functions and values that are significantly greater than the wetland being impacted; 3. The applicant demonstrates that the proposed actions for mitigation have been conducted in advance of the impact caused by the development proposal and that the actions are successful; or 4. In wetlands where several wetland hydrogeomorphic classes, including, but not limited to depressional, slope, riverine and flow through, are found within one delineated boundary, the department may decrease the ratios if: a. impacts to the wetland are all within an area that has a different hydrogeomorphic class from the one used to establish the category; b. the category of the area with a different class is lower than that of the entire wetland; and c. the applicant provides adequate hydrologic and geomorphic data to establish that the boundary between the hydrogeomorphic classes lies outside of the footprint of the impacts. F. For temporary alterations to a wetland or its buffer that are predominately woody vegetation, the department may require mitigation in addition to restoration of the altered wetland or buffer; G. Mitigation of an alteration to a buffer of a wetland that occurs along an aquatic area lake shoreline in accordance with an allowed alteration under this chapter shall include, but is not limited to, on - site revegetation, maintenance and other restoration of the buffer or setback area to the maximum extent practical; and H. The department may consider two or more contiguous sites under common ownership and located in the same drainage subbasin, as one site for the purpose of mitigation ratios_ (Ord. 15051 § 188, 2004: Ord. 14045 § 48, 2001: Ord. 13190 § 23, 1998: Ord. 11621 § 79, 1994: Ord. 10870 § 481, 1993). (King County 6-2006) 21 A---233 21A.24.342 - 21A.24.345 ZONING 21A.24.342 Wetlands — agreement to modify mitigation ratios. A. The department may enter into an agreement with an applicant to establish mitigation ratios to compensate for the adverse impacts to wetlands of the applicant's development proposals that differ from the ratios required by K.C.C. 21A.24.340.8_ The agreement shall require that the applicant: 1. Demonstrate with scientifically -valid data that the program implemented by the applicant has achieved long-term success in reducing the risk of failure and temporal loss of function of the applicant's wetland mitigation projects; and 2. Implement a scientifically rigorous mitigation, monitoring and adaptive management program that includes the following elements: a. a mitigation planning process that requires mitigation plans to be prepared and signed by a qualified wetland specialist. The mitigation planning process shall use the guidelines contained in Washington State Department of Ecology - U.S. Army Corps of Engineers Publication 04-06-013b "Guidance on Wetland Mitigation in Washington State" or an alternative approach acceptable to the department- b. construction oversight by a qualified wetland specialist; c. postconstruction monitoring and reporting by experienced and qualified personnel using scientifically rigorous and accepted methodologies to assess whether the mitigation has been installed and whether it meets the approved goals, objectives and performance standards identified in the mitigation plan; d. ongoing mitigation site maintenance to facilitate the achievement of the approved goals, objectives and performance standards identified in the mitigation plan. Maintenance includes, but not limited to, the removal and control of nonnative vegetation, replacement of dead or dying planted vegetation and trash and debris removal; e. financing or funding guarantees for the duration of the mitigation and monitoring program. At a minimum, funding guarantees must be in place until mitigation activities have met the established performance standards and have been approved by the department; and f. an adaptive management program that requires the evaluation and adjustment of remedial actions contained within the contingency plan developed as part of the mitigation planning process. B. The mitigation ratios established by the agreement authorized by this section shall be based on data prepared by the applicant regarding the effectiveness of past and ongoing mitigation projects implemented and monitored by the applicant. In establishing the mitigation ratios, the department shall consider: 1. The applicant's demonstrated success in meeting mitigation performance standards for the different types of mitigation, such as re-establishment, creation, rehabilitation, and enhancement; and 2. The hydrogeomorphic classification, such as slope, riverine, depressional and tidal fringe, of the wetland. C. The applicant may request coordinated review of the agreement with the Washington state Department of Ecology and the United States Army Corps of Engineers. (Ord_ 15051 § 189, 2004). 21A.24.345 Specific mitigation requirements — wetland mitigation banking. The department may approve mitigation in advance of unavoidable adverse impacts to wetlands caused by the development activities through an approved wetland mitigation bank_ Wetland mitigation banking is not allowed in the agricultural production districts if the purpose is to compensate for filling wetlands for development outside of the agricultural production districts. (Ord. 15051 § 190, 2004: Ord. 14045 § 49, 2001: Ord. 11621 § 72, 1994). (King County 6-2006) 21 A-234 CRITICAL AREAS 21A.24.355 - 21A.24.358 21 A.24.355 Aquatic areas —water types. A. Aquatic areas are categorized or "typed" as follows: 1. Type S waters include all aquatic areas inventoried as "shorelines of the state" under King County's Shoreline Master Program, K.C.C. Title 25, in accordance with chapter 90.58 RCW, including segments of streams where the mean annual flow is more than twenty cubic feet per second, marine shorelines and lakes twenty acres in size or greater; 2. Type F waters include all segments of aquatic areas that are not type S waters and that contain fish or fish habitat, including waters diverted for use by a federal, state or tribal fish hatchery from the point of diversion for one -thousand -five -hundred feet or the entire tributary if the tributary is highly significant for protection of downstream water quality; 3. Type N waters include all segments of aquatic areas that are not type S or F waters and that are physically connected to type S or F waters by an above -ground channel system, stream or wetland; and 4. Type 0 waters include all segments of aquatic areas that are not type S, F or N waters and that are not physically connected to type S, F or N waters by an above -ground channel system, stream or wetland- B. For the purposes of the water types in subsection A. of this section, an above -ground channel system is considered to be present if the one -hundred year floodplains of both the contributing and receiving waters are connected. C. The department may determine that an area upstream of a legal human -made barrier is not fish habitat considering the following factors: 1. The human -made barrier is located beneath public infrastructure that is unlikely to be replaced and it is not feasible to remove the barrier without removing the public infrastructure; 2. The human -made barrier is in the Urban Growth Area established by the King County Comprehensive Plan and is located beneath one or more dwelling units and it is not feasible to remove the barrier without removing the dwelling unit; 3. The human -made barrier is located in a subbasin that is not designated "high" on the Basin and Shoreline Conditions Map which is included as Attachment A to this ordinance; or 4. The human -made barrier is not identified for removal by a public agency or in an adopted watershed plan. (Ord. 15051 § 192, 2004). 21A.24.358 Aquatic areas —buffers. A. Aquatic area buffers shall be measured as follows: 1. From the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified; 2. If the aquatic area is located within a mapped severe channel migration area, the aquatic area buffer width shall be the greater of the aquatic area buffer width as measured consistent with subsection A. 1. of this section or the outer edge of the severe channel migration area; or 3_ If the aquatic area buffer includes a steep slope hazard area or landslide hazard area, the aquatic area buffer width is the greater of either the aquatic area buffer in this section or twenty-five feet beyond the top of the hazard area. B. Within the Urban Growth Area, aquatic area buffers shall be as follows: 1, A type S or F aquatic area buffer is one -hundred -fifteen -feet; 2. A type S or F aquatic area buffer in a basin or shoreline designated as "high" on the Basin and Shoreline Conditions Map is one -hundred -sixty -five -feet; 3. A type N aquatic area buffer is sixty -five -feet; and 4. A type O aquatic area buffer is twenty -five -feet. C. Outside the Urban Growth Area, aquatic area buffers shall be as follows: 1. A type S or F aquatic area buffer is one -hundred -sixty -five -feet; 2. A type N aquatic area buffer is sixty-frve-feet; and 3. A type 0 aquatic area buffer is twenty -five -feet. D. Within the Bear Creek drainage basin a type N aquatic area buffer in a designated regionally significant resource area is one -hundred -feet. (King County 6-2006) 21A-235 21A.24.358 - 21A.24.365 ZONING E. The department may approve a modification of buffer widths if: 1. The department determines that through buffer averaging the ecological structure and function of the resulting buffer is equivalent to or greater than the structure and function before averaging and meets the following standards: a. The total area of the buffer is not reduced; b. The buffer area is contiguous; and c. Averaging does not result in the reduction of the minimum buffer for the buffer area waterward of the top of the associated steep slopes or for a severe channel migration hazard area; 2_ The applicant demonstrates that the buffer cannot provide certain functions because of soils, geology or topography, provided that the department shall establish buffers which protect the remaining ecological functions that the buffer can provide; 3. The site is zoned RA and is subject to an approved rural stewardship plan. In modifying the buffers, the department shall consider factors such as, the basin and shoreline condition, the location of the site within the basin and shoreline, the buffer condition and the amount of clearing; 4. A legally established roadway transects an aquatic area buffer, the roadway edge closest to aquatic area shall be the extent of the buffer, if the part of the buffer on the other side of the roadway provides insignificant biological or hydrological function in relation to the portion of the buffer adjacent to the aquatic area; and 5. The aquatic area is created as a result of enhancement or restoration projects that are not mitigation for a development proposal or alteration. (Ord. 15051 § 193, 2004). 21A.24.365 Aquatic areas — development standards and alterations. The following development standards apply to development proposals and alterations on sites containing aquatic areas or their buffers: A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed in aquatic areas and aquatic area buffers; B. Grading for allowed alterations in aquatic area buffers is only allowed from May 1 to October 1. This period may be modified when the department determines it is necessary along marine shorelines to protect critical forage fish and salmonid migration or as provided in K.C.C. 16.82.095; C. The moisture -holding capacity of the topsoil layer on all areas of the site not covered by impervious surfaces should be maintained by: 1. Minimizing soil compaction, or 2. Reestablishing natural soil structure and the capacity to infiltrate; D. New structures within an aquatic area buffer should be sited to avoid the creation of future hazard trees and to minimize the impact on groundwater movement; and E. To the maximum extent practical: 1. The soil duff layer should not be disturbed, but if disturbed, should be redistributed to other areas of the project site where feasible; 2. A spatial connection should be provided between vegetation within and outside the aquatic area buffer to prevent creation of wind throw hazards; and 3. Hazard trees should be retained in aquatic area buffers and either topped or pushed over toward the aquatic area. (Ord. 15051 § 195, 2004). (King County 6-2006) 21 A-236 CRITICAL AREAS 21A.24.380 21A.24.380 Aquatic areas — specific mitigation requirements. In addition the requirements in K.C.C. 21A24.130, 21A.24.125 and 21A24.133, the following applies to mitigation to compensate for the adverse impacts associated with an alteration to an aquatic area or aquatic area buffer: A. Mitigation measures must achieve equivalent or greater aquatic area functions including, but not limited to: 1. Habitat complexity, connectivity and other biological functions; 2. Seasonal hydrological dynamics, water storage capacity and water quality; and 3. Geomorphic and habitat processes and functions; B. To the maximum extent practical, permanent alterations that require restoration or enhancement of the altered aquatic area, aquatic area buffer or another aquatic area or aquatic area buffer must consider the following design factors, as applicable to the function being mitigated: 1. The natural channel or shoreline reach dimensions including its depth, width, length and gradient; 2. The horizontal alignment and sinuosity; 3. The channel bed, sea bed or lake bottom with identical or similar substrate and similar erosion and sediment transport dynamics; 4- Bank and buffer configuration and erosion and sedimentation rates; and 5. Similar vegetation species diversity, size and densities in the channel, sea bed or lake bottom and on the riparian bank or buffer; C. Mitigation to compensate for adverse impacts shall meet the following standards: 1. Not upstream of a barrier to fish passage; 2. Is equal or greater in biological function; and 3. To the maximum extent practical is located on the site of the alteration or within one-half mile of the site and in the same aquatic area reach at a 1:1 ratio of area of mitigation to area of alteration; or 4, Is located in the same aquatic area drainage subbasin or marine shoreline and attains the following ratios of area of functional mitigation to area of alteration: a. a 3:1 ratio for a type S or F aquatic area; and b. a 2:1 ratio for a type N or 0 aquatic area; D. For purposes of subsection C. of this section, a mitigation measure is in the same aquatic area reach if the length of aquatic area shoreline meets the following criteria: 1. Similar geomorphic conditions including slope, soil, aspect and substrate.- 2. Similar processes including erosion and transport of sediment and woody debris; 3. Equivalent or better biological conditions including invertebrates, fish, wildlife and vegetation; and 4. Equivalent or better biological functions including mating, reproduction, rearing, migration and refuge; or 5. For tributary streams, a distance of no more than one-half mile; E. The department may reduce the mitigation ratios in subsection C. of this section to 2:1 ratio for a type S or F aquatic area and 1.5:1 ratio for a type N or O aquatic area if the applicant provides a scientifically rigorous mitigation monitoring program that includes the following elements: 1- Monitoring methods that ensure that the mitigation meets the approved performance standards identified by the department; 2. Financing or funding guarantees for the duration of the monitoring program; and 3. Experienced, qualified staff to perform the monitoring; F. For rectifying an illegal alteration to any type of aquatic area or its buffer, mitigation measures must meet the following standards: 1. Located on the site of the illegal alteration at a 1:1 ratio of area of mitigation to area of alteration; and 2. To the maximum extent practical, replicates the natural prealteration configuration at its natural prealteration location including the factors in subsection B. of this section; and G. The department may modify the requirements in this section if the applicant demonstrates that, with respect to each aquatic area function, greater functions can be obtained in the affected hydrologic unit that the department may determine to be the drainage subbasin through alternative mitigation measures. (Ord, 15051 § 197, 2004: Ord. 10870 § 485, 1993), (King County 6-2006) 21 A-237 21A.24.382 ZONING 21A.24.382 Wildlife habitat conservation areas — development standards. The following development standards apply to development proposals and alterations on sites containing wildlife habitat conservation areas: A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed within a wildlife habitat conservation area; B. For a bald eagle: 1. The wildlife habitat conservation area is an area with a four -hundred -foot radius from an active nest; 2. Between March 15 and April 30, alterations are not allowed within eight hundred feet of the nest; and 2. Between January 1 and August 31, land clearing machinery, such as bulldozers, graders or other heavy equipment, may not be operated within eight hundred feet of the nest; C. For a great blue heron; 1. The wildlife habitat conservation area is an area with an eight -hundred -twenty -foot radius from the rookery. The department may increase the radius up to an additional one -hundred sixty-four feet if the department determines that the population of the rookery is declining; and 2. Between January 1 and July 31, clearing or grading are not allowed within nine -hundred -twenty- four feet of the rookery; D. For a marbled murrelet, the wildlife habitat conservation area is an area with a one -half -mile radius around an active nest; E. For a northern goshawk, the wildlife habitat conservation area is an area with a one -thousand - five -hundred -foot radius around an active nest located outside of the urban growth area; F. For an osprey: 1. The wildlife habitat conservation area is an area with a two -hundred -thirty-foot radius around an active nest; and 2. Between April 1 and September 30, alterations are not allowed within six -hundred -sixty feet of the nest; G. For a peregrine falcon: 1. The wildlife habitat conservation area is an area extending for a distance of one -thousand feet of an eyrie on a cliff face, the area immediately above the eyrie on the rim of the cliff, and the area immediately below the cliff; 2. Between March 1 and June 30, land -clearing activities that result in loud noises, such as from blasting, chainsaws or heavy machinery, are not allowed within one-half mile of the eyrie; and 3, New power lines may not be constructed within one -thousand feet of the eyrie; H. For a spotted owl, the wildlife habitat conservation area is an area with a three -thousand -seven - hundred -foot radius from an active nest; I. For a Townsend's big -eared bat: 1. Between June 1 and October 1, the wildlife habitat conservation area is an area with a four - hundred -fifty -foot radius from the entrance to a cave or mine, located outside of the urban area, with an active nursery colony 2. Between November 1 and March 31, the wildlife habitat conservation area is an area with a four - hundred -fifty -foot radius around the entrance to a cave or mine located outside the urban growth area serving as a winter hibernaeula; 3. Between March 1 and November 30, a building, bridge, tunnel, or other structure used solely for day or night roosting may not be altered or destroyed; 4. Between May 1 and September 15, the entrance into a cave or mine that is protected because of bat presence is protected from human entry; and 5. A gate across the entrance to a cave or mine that is protected because of bat presence must be designed to allow bats to enter and exit the cave or mine; J_ For a Vaux's swift: 1. The wildlife habitat conservation area is an area with a three -hundred -foot radius around an active nest located outside of the urban growth areas; 2. Between April 1 and October 31, clearing, grading, or outdoor construction is not allowed within four hundred feet of an active or potential nest tree. The applicant may use a species survey to demonstrate that the potential nest tree does not contain an active nest; (King County 6-2006) 21A-238 CRITICAL AREAS 21A.24.382 - 24A24.385 K. For a red-tailed hawk: 1. The wildlife habitat conservation area is an area with a radius of three -hundred twenty-five feet from an active nest located outside of the urban growth area; and 2, Between March 1 and July 31, clearing and grading is not allowed within six hundred sixty feet of an active nest located outside of the urban growth area; L. The department shall require protection of an active breeding site of any species not listed in subsections B. through K. of this section whose habitat is identified as requiring protection in the King County Comprehensive Plan_ If the Washington state Department of Fish and Wildlife has adopted management recommendations for a species covered by this subsection, the department shall follow those management recommendations. If management recommendations have not been adopted, the department shall base protection decisions on best available science; and M. In the area designated rural in the King County Comprehensive Plan, the department shall require an applicant to protect the active breeding site of any species whose habitat the king County Comprehensive Plan directs that the county should protect_ The applicant shall protect the breeding site from destruction or other direct disturbance while it is occupied. If the Washington state Department of Fish and Wildlife has adopted management recommendations for a species covered by this subsection, the department shall follow those management recommendations. If management recommendations have not been adopted, the department shall base protection decisions on best available science. (Ord. 15051 § 198, 2004). 21A.24.383 Wildlife habitat conservation areas -- modification. Upon request of the applicant and based upon a site -specific critical areas report that includes, but is not limited to, an evaluation of the tolerance of the animals occupying the nest or rookery to the existing level of development in the vicinity of the nest or rookery, the department may approve a reduction of the wildlife habitat conservation area for the following species: A. Bald eagle; B_ Goshawk; C. Great blue heron; D. Osprey; E. Peregrine falcon; and F. Red-tailed hawk, (Ord. 15051 § 199, 2004). 21A.24.385 Wildlife habitat networks — applicability. The department shall make certain that segments of the wildlife habitat network are set aside and protected along the designated wildlife habitat network adopted by the King County Comprehensive Plan as follows: A. This section applies to the following development proposals on parcels that include a segment of the designated wildlife habitat network: 1_ All urban planned developments, fully contained communities, binding site plans, subdivisions and short subdivisions; and 2. All development proposals on individual lots unless a segment of the wildlife habitat network in full compliance with K.C.C. 21A_24.386 already exists in a tract, easement or setback area, and a notice of the existence of the segment has been recorded; B. Segments of the wildlife habitat network must be identified and protected in one of the following ways: 1. In urban planned developments, fully contained communities, binding site plans, subdivisions and short subdivisions, native vegetation is placed in a contiguous permanent open -space tract with all developable lots sited on the remaining portion of the project site, or the lots are designed so that required setback areas can form a contiguous setback covering the network segments; or 2. For individual lots, the network is placed in a county -approved setback area. To the maximum extent practical, existing native vegetation is included in the network. The notice required by K.C.C. 21A.27.170 is required; and C. All wildlife habitat network tracts or setback areas must meet the design standards in K.C_C. 21A.24.386. (Ord. 15051 § 201, 2004: Ord. 13694 § 90, 1999: Ord. 11621 § 52, 1994. Formerly K.C.C. 21 A.14260). (King County 6-2006) 21 A-239 21A.24.386 ZONING 21A.24.386 Wildlife habitat networks -- development standards and alterations. The following standards apply to development proposals and alterations on sites containing wildlife habitat network: A. Unless allowed as an alteration exception under K.C.C. 21A.24.070, only the alterations identified in K.C.C. 21A.24.045 are allowed in the wildlife habitat network; B. The wildlife habitat network is sited to meet the following conditions: 1. The network forms one contiguous tract or setback area that enters and exits the property where the network crosses the property boundary; 2. To the maximum extent practical, the network maintains a width of three -hundred feet. The network width shall not be less than one -hundred -fifty feet at any point; and 3. The network is contiguous with and includes critical areas and their buffers; 4. To the maximum extent practical, the network connects isolated critical areas or habitat; and 5. To the maximum extent practical, the network connects with wildlife habitat network segments, open space tracts or wooded areas on adjacent properties, if present; C. The wildlife habitat network tract must be permanently marked in accordance with this chapter, D. An applicant proposing recreation, forestry or any other use compatible with preserving and enhancing the habitat value of the wildlife habitat network located within the site must have an approved management plan. The applicant shall include and record the approved management plan for a binding site plan or subdivision with the covenants, conditions and restrictions (OCRs), if any. Clearing within the wildlife habitat network in a tract or tracts is limited to that allowed by an approved management plan; E. If the wildlife habitat network is contained in a setback area, a management plan is not required. Clearing is not allowed within a wildlife habitat network within a setback area on individual lots, unless the property owner has an approved management plan,- F. In urban planned developments, fully contained communities, binding site plans, subdivisions and short subdivisions a homeowners association or other entity capable of long term maintenance and operation shall monitor and assure compliance with any approved management plan; G. Segments of the wildlife habitat network set aside in tracts, conservation easements or setback area must comply with K,C,C. 16.82.150; H. The department may credit a permanent open space tract containing the wildlife habitat network toward the other applicable requirements such as surface water management and the recreation space requirement of K.C.C. 21A,14.180, if the proposed uses within the tract are compatible with preserving and enhancing the wildlife habitat value. Restrictions on other uses within the wildlife habitat network tract shall be clearly identified in the management plan; 1. The director may waive or reduce these standards for public facilities such as schools, fire stations, parks and road projects. (Ord. 15051 § 203, 2004: Ord. 11621 § 53, 1994_ Formerly K.C.C. 21 A_ 14.386). (King County 6-2006) 21A 240 CRITICAL AREAS 21A.24.388 - 21A.24.420 21A.24.388 Wildlife habitat conservation areas and wildlife networks — specific mitigation requirements. In addition to the requirements in K.C.C. 21A.24.130, 21A.24.125 and 21A.24.133, the following applies to mitigation to compensate for the adverse impacts associated with wildffe habitat conservation areas and wildlife habitat networks: A. Mitigation to compensate for the adverse impacts to a wildlife habitat conservation area must prevent disturbance of each protected species. On -site mitigation may include management practices, such as timing of the disturbance. Off -site mitigation is limited to sites that will enhance the wildlife habitat conservation area; B. Mitigation to compensate for the adverse impacts to the wildlife habitat network must achieve equivalent or greater biologic functions including, but not limited to, habitat complexity and connectivity functions. Specific mitigation requirements for impacts to the wildlife habitat network shall: 1. Expand or enhance the wildlife network as close to the location of impact as feasible; and 2. Attain the following ratios of area of mitigation to area of alteration: a. for mitigation on site: (1) 1:1 ratio for rectifying an illegal alteration to a wildlife habitat network; and (2) 1.5:1 ratio for enhancement or restoration; and b. for mitigation off -site: (1) 2:1 ratio for rectifying an illegal alteration to a wildlife habitat network; and (2) 3:1 ratio for enhancement or restoration; C. For temporary alterations, the department may require rectification, restoration or enhancement of the altered wildlife habitat network; D. The department may increase the width of the wildlife habitat network to mitigate for risks to habitat functions; E. To the maximum extent practical, mitigation projects involving wildlife habitat network restoration should provide replication of the site's prealteration natural environment including: 1. Soil type, conditions and physical features; 2. Vegetation diversity and density; and 3. Biologic and habitat functions; and F. The department may modify the requirements in this section if the applicant demonstrates that greater wildlife habitat functions will be obtained in the same wildlife habitat conservation area or wildlife habitat network through alternative mitigation measures. (Ord. 15051 § 204, 2004). 21A.24.390 Critical areas mitigation fee — creation of fund. There is hereby created a critical areas mitigation fund_ The King County finance and business operations division shall administer this fund. (Ord. 15051 § 205, 2004: Ord. 10870 § 486, 1993). 21A.24.400 Critical areas mitigation fee — source of funds. King County shall deposit all moneys received from penalties resulting from the violation of rules and laws regulating development and activities within critical areas into the fund. (Ord. 15051 § 206, 2004: Ord. 10870 § 487, 1993). 21A.24.410 Critical areas mitigation fee -- use of funds. Moneys from the fund shall only be used for paying the cost of enforcing and implementing critical area laws and rules. (Ord. 15051 § 207, 2004: Ord. 10870 § 488, 1993). 21A.24.420 Critical areas mitigation fee -- investment of funds. King County shall deposit moneys in the fund not needed for immediate expenditure in a separate investment fund in accordance with RCW 36.29.020. The director is the designated investment fund director. (Ord. 15051 § 208, 2004: Ord. 10870 § 489, 1993). (King County 6-2006) 21 A-241 21A.24.500 ZONING 21A.24.500 Critical area designation. A.1. A property owner or the property owner's agent may request a critical area designation for part or all of a site, without seeking a permit for a development proposal, by filing with the department a written application for a critical area designation on a form provided by the department. If the request is for review of a portion of a site, the application shall include a map identifying the portion of the site for which the designation is sought. 2. The designation is limited to the following determinations. - a, The existence, location, and boundaries of any aquatic area, wetland, critical aquifer recharge area, coal mine hazard area, landslide hazard area or steep slope on the site; and b. The classification of any aquatic area or wetland. 3. The designation may include an evaluation or interpretation of the applicability of critical area buffers and other critical area standards to a future development proposal. B. In preparing the critical area designation, the department shall perform a critical area review to: 1 _ Determine whether any critical area that is subject to this designation process exists on the site and confirm its type, location, boundaries and classification; 2. Determine whether a critical area report is required to identify and characterize the location, boundaries and classification of the critical area; 3. Evaluate the critical area report, if required; and 4. Document the existence, location and classification of any critical area that is subject to this designation process. C. If required by the department, the applicant for a critical area designation shall prepare and submit to the department the critical area report required by subsection B2. of this section. For sites zoned for single detached dwelling units involving wetlands or aquatic areas, the applicant may elect to have the department conduct the special study in accordance with K.C.C. Title 27; D. The department shall make the determination of a critical area designation in writing within one hundred twenty days after the application for a critical area designation is complete, as provided in K.C.C. 20.20.050_ The periods in K.C.C. 20.20.100A.1. through 5. are excluded from the one -hundred -twenty -day period. The written determination made under this section as to the existence, location, classification of a critical area and critical area buffers is effective for five years from the date the determination is issued if there has been no change in site conditions. The department shall rely on the determination of the existence, location and classification of the critical area and the critical area buffer in its review of a complete application for a permit or approval filed within five years after the determination is issued_ If the determination applies to less than an entire site, the determination shall clearly identify the portion of the site to which the determination applies. E. If the department designates critical areas on a site under this section, the applicant for a development proposal on that site shall submit proof that a critical area notice has been filed as required by K.C.C. 21A24.170. Except as provided in this subsection, the department's determination under this section is final. If the department relies on a critical area designation made under this section during its review of an application for a permit or other approval of a development proposal and the permit or other approval is subject to an administrative appeal, any appeal of the designation shall be consolidated with and is subject to the same appeal process as the underlying development proposal. If the King County hearing examiner makes the county's final decision with regard to the permit or other approval type for the underlying development proposal, the hearing examiner's decision constitutes the county's final decision on the designation. If the King County council, acting as a quasi-judicial body, makes the county's final decision with regard to the permit or other approval type for the underlying development proposal, the King County council's decision constitutes the county's final decision on the designation. (Ord_ 15051 § 209, 2004: Ord. 14187 § 1, 2001). (King County 6-2006) 21 A-242 CRITICAL AREAS 21A.24.505 - 21A.24.520 21A.24.505 Conversion of designated critical areas. A. For purposes of determining the minimum buffer widths for a wetland or aquatic area that was designated under K.C.C. 21A24.500 before January 1, 2005, for a development proposal deemed complete after January 1, 2005, the department shall apply the following conversions to determine the appropriate wetland or aquatic area classification provided in K_C.C. 21A.24.318 and 21A.24.355: 1. Aauatic area classifications: Stream Type (prior K.C.C. 21A.24.360 Aquatic Area Classification K.C.C. 21A.24.355 Class 1 Type S Class 2 Type F Class 2S Ty2e F Class 3 Type N 2. Wetland classification: Wetland Class (prior K.C.C. 21A.06.1415 Wetland Classification K.C.C. 21A.24.318 Class 1 Category I Class 2 Category II Class 3 Category III B. As an alternative to the reclassification prescribed in subsection A. of this section, an applicant may request a reclassification of the wetland or aquatic area using the criteria in K.C.C. 21A.24.318 and 21A.24.355. C. This section expires two years after January 1, 2005. (Ord. 15051 § 210, 2004). 21A.24.510 Septic system design and critical area designation. An applicant proposing to install a septic system or locate a well shall apply for a critical area designation under K.C.C. 21A24.500 before seeking approval of the septic system design or well location from the Seattle -King County department of public health_ (Ord. 15051 § 211, 2004: Ord. 14187 § 2, 2001). 21A.24.515 Wetland monitoring study. The department of natural resources and parks, in consultation with the department of development and environmental services, shall conduct monitoring in one or two subbasins to evaluate the effect of this ordinance on wetland functions and values. The departments shall file a status report on the monitoring with the clerk of the council for distribution to the chair of the growth management and unincorporated areas committee, or its successor committee, not later than January 1, 2007_ The departments shall file a final report on the monitoring with the clerk of the council for distribution to the chair of the growth management and unincorporated areas committee, or its successor committee, not later than January 1, 2010. (Ord. 15051 § 230, 2004). 21A.24.520 Buffer modifications to achieve zoned density. If a property owner is unable to subdivide a rural residential zoned parcel twenty acres or smaller at the density allowed under K.C.C. 21A.12.030 after application of the requirements of this chapter, the director may approve modifications to requirements for critical area buffers if: A. The applicant demonstrates that after the use of all provisions of this title, including but not limited to, clustering and buffer averaging, reduction in critical area buffers required by this chapter is necessary to achieve the density allowed under K.C.C. 21A.12.030; B. To the maximum extent practical, the subdivision or short subdivision design has the least adverse impact on the critical area and critical area buffer; C. The modification does not pose an unreasonable threat to the public health, safety or welfare on or off the development proposal site and is consistent with the general purposes of this chapter and the public interest; and D. The applicant provides mitigation to compensate for the adverse impacts to critical areas and buffers resulting from any modification to critical area buffers approved under this section. (Ord. 15051 § 231, 2004). (King County 6-2006) 21 A-243 21A.24.530 - 21A.24.560 ZONING 21A.24.530 Vesting period for lots in final short plats. Unless the department finds that a change in conditions creates a serious threat to the public health or safety in the short subdivision, for a period of five years after recording, a lot within a short subdivision shall be governed by the provisions of this chapter in effect at the time a fully completed application for short subdivision approval was filed in accordance with K.C.C. chapter 20.20. (Ord. 15051 § 232, 2004). 21A.24.540 Reliance upon standards established through critical area review of a previously approved conditional use permit. For a development proposal that requires a conditional use permit, the provisions of this chapter in effect at the time a complete application for the conditional use permit was submitted shall apply to the development proposal if: A. Critical areas on the development proposal site have been categorized and delineated and the impacts of development on the critical areas have been considered in the review of the conditional use permit; B. There are no outstanding violations of the conditions of the approved conditional use permit relating to the protection of the critical area; C. The development proposal is in compliance with all conditions that have been imposed as part of the approved conditional use permit; and D. The conditional use permit has not expired. (Ord. 15051 § 233, 2004). 21A.24.550 Consolidated site review for single-family residential development. A. A development proposal shall be deemed to comply with the provisions of this chapter and the department shall not require additional critical areas, fire or drainage review of a development proposal for a single-family residential development that is consistent with the conditions established by the department in its review of the development proposal if the applicant meets all of the following requirements: 1. The applicant provides to the department a critical areas report prepared by a preferred consultant, as provided in K.C.C. Title 27, for the critical areas on the development proposal site; 2. The department has issued a critical areas designation under K.C.C. 21A.24.500. If applicable, the designation shall be issued before septic system design, application and approval; 3. The development proposal qualifies for small project drainage review and does not require targeted drainage review under K.C.C. chapter 9.04; 4. The development proposal does not require an alteration exception or reasonable use exception under this chapter, a variance from road standards under K.C.C_ Title 14 or a drainage adjustment under K.C.C. chapter 9.04; and 5_ The development proposal locates structures, on -site septic drainfield areas, the well location, and other impervious surfaces, including but not limited to driveways, within the areas identified by the department. B. If an applicant indicates on a form approved by the department that a development proposal for a single family residence will be proposed for review under this section, the department shall consolidate critical areas, drainage, road standards, and fire review. Based on the information provided by the applicant under this section, the department shall identify a development footprint on the property where the applicant may clear and place structures and other impervious surfaces in order to meet the requirements of this chapter and K,C_C. chapters 9.04 and 16.82. At the time of development permit application, the department shall screen the proposal for compliance with the conditions established by the department under this section, set the conditions of permit approval and, if required, establish the mitigation financial guarantee. (Ord. 15051 § 234, 2004). 21A.24.560 Vesting of an approved on -site sewage disposal system. An on -site sewage disposal system approved prior to January 1, 2005, shall be subject to the provisions of this chapter in effect at the time of the on -site sewage disposal system approval_ (Ord. 15051 § 235, 2004). (King County 6-2006) 21 A-244 C� a m N i a N DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A.26 Chapter 21A.26 DEVELOPMENT STANDARDS COMMUNICATION FACILITIES Sections: 21A.26.010 Purpose. 21A.26.020 Exemptions. 21A,26.030 Applicability. 21A.26.050 Setback requirements. 21A.26.060 Landscaping requirements. 21A.26,070 Color and lighting standards_ 21A.26.080 Fencing and NIER warning signs. 21 A.26.090 Interference, 21A.26.100 NIER exposure standards. 21A.26.110 NIER measurements and calculations. 21A.26.120 Measurements and monitoring. 21A.26.130 Shock and burn standard. 21A.26.140 Modifications. 21A.26.150 Consolidation. 21A.26.160 Supplemental application requirements. 21A,26.170 Notification requirements. 21A,26,180 NIER compliance criteria. 21A.26.190 NIER enforcement. 21A.26.200 Periodic review of NIER standard. 21A.26.210 State regulation. 21A.26,300 Minor communication facilities - preapplication community meetings. 21A.26.310 Minor communication facilities - review process. 21A.26.320 Minor communication facilities - development standards for transmission support structures. 21A.26.330 Minor communication facilities - visual compatibility standards. 21A.26.340 Minor communication facilities - additional standards to reduce degree of visual impact. 21A.26.350 Minor communication facilities - time limits and establishment period. 21A26.360 Minor communication facilities - cessation of use. 21A.26.370 Minor communication facilities - collocation. 21A.26.380 Minor communication facilities - modifications. 21A.26.390 Minor communication facilities - antennas. 21A.26.400 Minor communication facilities - location within street, utility and railroad rights -of - way. 21A.26,410 Minor communication facilities - public parks and open spaces owned by King County. 21A.26,420 Minor communication facilities - criteria for determining technical feasibility. 21A.26.430 Minor communication facilities - applicability to vested applications. 21A.26.440 Minor communication facilities - standards within city potential annexation areas. 21A.26.450 Minor communication facilities - technical evaluation. (King County 6-2006) 21 A-245 BLANK 2 1 A-246 DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A.26.010 - 21A.26.030 21A.26.010 Purpose. The purpose of this chapter is to establish guidelines for the siting of towers and antennas. The goals of this chapter are to: A. Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the community; B. Strongly encourage the joint use of new and existing tower sites; C. Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; D_ Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas; E. Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently; and F. Limiting exposures to NIER consistent with Federal Communication Commission statutes. (Ord. 13129 § 12, 1998: Ord. 10870 § 490, 1993). 21A.26.020 Exemptions. The following are exempt from the provisions of this chapter and shall be permitted in all zones: A. Industrial processing equipment and scientific or medical equipment using frequencies regulated by the Federal Communications Commission (FCC); B. Machines and equipment that are designed and marketed as consumer products, such as microwave ovens and remote control toys; C. The storage, shipment or display for sale of transmission equipment; D. Radar systems for military and civilian communication and navigation; E. Hand-held, mobile, marine and portable radio transmitters and/or receivers; F. Two-way radio utilized for temporary or emergency services communications; G. Licensed amateur (Ham) radio stations and citizen band stations; H. Earth station downlink using satellite dish antennas with a diameter of less than 12 feet provided that stations in excess of one dish antennas are subject to conditional use permits; I. Receive -only satellite dish antennas as an accessory use; J. Two-way radio antennas, point-to-point microwave dishes, and cellular radio antennas which are not located on a transmission structure (lattice towers and monopoles); and K. Any maintenance, reconstruction, repair or replacement of a conforming or nonconforming communication facility, transmission equipment, transmission structure or transmitter building; provided, that the transmission equipment does not result in noncompliance with K.C.C. 21A,26.100 and 21A.26.130_ L. In the event a building permit is required for any emergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall not be required until 30 days after the completion of such emergency activities. In the event a building permit is required for nonemergency maintenance, reconstruction, repair or replacement, filing of the building permit application shall be required prior to the commencement of such nonemergency activities. (Ord. 10870 § 491, 1993). 21A.26.030 Applicability. The standards and process requirements of this chapter supersede all other review process, setback or landscaping requirements of this title_ All communication facilities which are not exempt pursuant to K.C.C. 21A.26.020 shall comply with the provisions of this chapter as follows: A. New communication facilities, with the exception of consolidations, shall comply with the provisions of K.C.C. 21A.26.020 through 21A.26.130 and KC.C. 21A26.160 through 21A.26.190; new minor communication facilities shall also comply with applicable provisions of this chapter, and, in case of conflict, the provisions of this chapter shall apply; 6_ Modified communication facilities, with the exception of consolidations, shall comply with standards as provided in K.G.C. 21A.26.020, K.C_C. 21A26.060 through 21A.26.140, and K.C,C. 21A.26.160 through 21A.26.190, modifications to minor communication facilities shall also comply with the applicable provisions of this chapter, and, in case of conflict, the provisions of this chapter shall apply; C. Consolidations shall comply with standards as provided in K.C.C. 21A.26.020, K.C.C. 21A.26.060 through 21A.26.130, and K.C.C. 21A.26.150 through 21A.26.190, consolidations to minor communication facilities shall also comply with the applicable provisions of this chapter, and, in the case of conflict, the provisions of this chapter shall apply. (Ord. 13129 § 23, 1998: Ord. 10870 § 492, 1993). (King County 6-2006) 21 A--247 21A.26.050 - 21A.26.060 ZONING 21A.26.050 Setback requirements. Except as outlined for modifications and consolidations pursuant to K.C.C. 21A.26.140 and 21A26.150 or when setbacks are increased to ensure compliance with VIER exposure limits, communication facilities shall comply with the following setbacks: A. Transmission structures, other than those for minor communication facilities, which do not exceed the height limit of the zone in which they are located, shall be set back from the property line as required for other structures by the zone in which such transmission structure is located; B. Transmission structures, other than those for minor communication facilities, which exceed the height limit of the zone in which they are located, shall be set back from property lines either a minimum of fifty feet or one foot for every foot in height, whichever results in the greater setback, except: 1. Transmission structures, other than those for minor communication facilities located in the A, F, NB, CB, RB, 0 or I zones shall be set back from the property line as required by the zone in which they are located; and 2. Transmission structures for minor communication facilities shall be set back from the property line as provided in K.C.C. 21A.26.320; C. When two or more communication facilities share a common boundary, the setback from such boundary shall comply with the requirements of the zone in which the facilities are located, unless easements are provided: 1. On the adjoining sites which limit development to communication facilities; 2. Of sufficient depth to provide the setbacks required in subsections A and B; and 3. Which provide for King County as a third party signatory to the agreement; and D. Transmitter buildings shall be subject to the setback requirements of the zone in which they are located. (Ord. 13129 § 24. 1998. Ord_ 11621 § 82, 1994: Ord. 10870 § 494, 1993). 21A.26.060 Landscaping requirements. A communication facility site shall provide landscaping as follows: A. When the facility is located in: 1. The NB, CB, RB, 0 or I zone, the base of any transmission structure or transmitter building shall be landscaped with eight feet of Type 11 landscaping as defined by K.C.C. 21A.16.04013, if there is no existing landscaping consistent with K.C.C. chapter 21A.16 along the lot line abutting R, UR, or RA zoned properties. 2. The A, F or M zone, the base of the transmission structure or transmitter building shall be landscaped with ten feet of Type ill landscaping (groundcover may be excluded) as defined by K.C.C. 21A_16.040C, if the base of such transmission structure or transmitter building is within three hundred feet of any lot line abutting R, UR, or RA zoned properties. 3. The R, UR or RA zone, the base of any transmission structure or transmitter building shall be landscaped with ten feet of Type I landscaping as defined by K.C.C. 21A.16.040A. B. When a security fence is used to prevent access onto a transmission structure or transmitter building, any landscaping required pursuant to K.C.C. 21A.26.060A shall be placed outward of such security fence. C. When a security fence is used: 1. In the NB, CB, RB, 0 or I zone, wood slats shall be woven into the security fence if made of chain -link material. 2. In the R, UR or RA zone, climbing evergreen shrubs or vines capable of growing on the fence shall supplement any landscaping required pursuant to K.C.C. 21A.26.060A. D. Landscaping shall be planted according to accepted practice in good soil and maintained in good condition at all times. Landscaping shall be planted as a yard improvement at or before the time of completion of the first structure or within a reasonable time thereafter, considering weather and planting conditions. E. Existing vegetation may be used and/or supplemented with additional vegetation to comply with the requirements of K.C.C. 21A.26,060A. F. The director may waive or modify the provisions for landscaping at the base of the transmission support structure and equipment buildings when: 1. Existing structures on the site or the screening effects of existing vegetation on the site or along the site perimeter would preclude the ability to view the base of the tower or equipment building, or 2. The required landscaping is accessible to grazing animals and the animals would be better protected by placement of landscape materials within any proposed fencing or by the use of alternative landscaping vegetation that would not be toxic to the animals. (Ord. 13129 § 15, 1998. Ord. 10870 § 495, 1993). (King County 6-2006) 21 A---248 DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A•26.070 Color and lighting standards. Except as specifically required 1A 28 070 - 21A.26.090 Administration ("FAA") or the FCC, transmission structures shall. - A. USe colors such as grey, blue or green which reduce their visual impacts- B. aby the Federal Aviation Poles do not have to be painted, and B. Not be illuminated, except transmitter buildings ma p ts, Provided, wooden compatible with the surrounding neighborhood. y use lighting for security reasons which is (Ord. 10870 § 496, 1993), 21A.26.080 Fencing and NIER warning signs. Communication facility sites shall_ A. Fenced in a manner which prevents access by the public to tranCtur of the site where NiER or shock/bum fevels are exceeded. This may be modified be an adjoining waterway, or a topographic feature preclude access; es and/or areas B. Signed to warn the public of areas of the site where: smission strunatural features, such as 1. NiER standards are exceeded; and 2. Potential risks for shocks or burns are present. (Ord_ 10870 § 497, 1993). 21A•26.090 Interference. Permit applications for communication facilities shall include: A. A statement describing the nature and extent of interference which may b Proposed communication facility and the a B. Unless the department determines that therrese will �betno noticeableies Cintelrefe and d r e caused by the communication facility notification of mi es that interference shall be regulations. the 21A.26.170; and Pinterference from the proposed C. General information concemin Provided as specified in K.C.C. reduce or eliminate it. (Ord_ 10870 § 4gg 1993)e causes of interference and steps which can be taken to 21A-249 (King County 6-2I106) 21 A.26.100 ZONING 21A.26.100 NIER exposure standards. To prevent whole -body energy absorption of .08 W/Kg or more, a communication facility, by itself or in combination with others, shall not expose the public to NIER that exceeds the electric or magnetic field strength, or the power density, for the frequency ranges and durations described as follows: NIER Exposure Standards (1) (6) Frequency Mean squared Mean squared Equivalent (2) electric magnetic plane -wave field strength field strength power density 3 (4) (5 0.1 to 3 80,000 0.5 20,000 3 to 30 4,000 x (1801e) 0.025 x (1801e) 180,000/e 30 to 300 800 0.005 200 300 to 1500 4,000 x (f/1500) 0.025 x (f/1500) f/1.5 1500 to 300,000 4,000 0.025 1000 (1) All standards refer to root mean squared measurements averaged over a six minute period; (2) Frequency or f is measured in megahertz (MHz); (3) Electric field strength is expressed in volts squared per meter squared NZ/rn (4) Magnetic field strength is expressed in amperes squared per meter squared (A21mz); and (5) Power density is expressed in microwatts per centimeter squared (uW/cm). (6) Peak NIER levels shall not exceed the following equivalent plane -wave power densities: a. Twenty times the average values in the frequencies below 300 MHz; b. 4,000 uWlcm2 in the frequencies between 300 Mhz to 6,000 MHz; C. (f/1.5)uW/cm2 in the frequencies 6,000 MHz to 30,000 MHz; and d. 20,000 uW/CM2 in the frequencies above 30 GHz. (Ord. 10870 § 499, 1993). (King County 6-2006) 21A-250 DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A.26.110 - 21A.26.140 21A.26.110 NIER measurements and calculations. NIER levels shall be measured and calculated as follows: A. When measuring NIER for compliance with K.C.C. 21A.26.100: 1. Measuring equipment used shall be generally recognized by the Environmental Protection Agency (EPA), National Council on Radiation Protection and Measurement (NCRPM), American National Standards Institute (ANSI), or National Bureau of Standards (NBS) as suitable for measuring NIER at frequencies and power levels of the proposed and existing sources of NIER; 2_ Measurement equipment shall be calibrated as recommended by the manufacturer in accordance with methods used by the NBS and ANSI, whichever has the most current standard; 3. The effect of contributing individual sources of NIER within the frequency range of a broadband measuring instrument may be specified by separate measurement of these sources using a narrowband measuring instrument; 4. NIER measurements shall be taken when and where NIER levels are expected to be highest due to operating or environmental conditions; 5. NIER measurements shall be taken along the perimeter of the communication facility site and other areas on -site or off -site where the health department deems necessary to take measurements; and 6. NIER measurements shall be taken following spatial averaging procedures generally recognized and used by experts in the field of RF measurement or other procedures recognized by the FCC, EPA, NCRPM, ANSI, NBS; B. NIER calculations shall be consistent with the FCC, Office of Science and Technology (OST) bulletin 65 or other engineering practices recognized by the EPA, NCRPM, ANSI, NBS or similarly qualified organization; and C. Measurements and calculations shall be certified by a licensed professional engineer and shall be accompanied by an explanation of the protocol, methods, equipment, and assumptions used. (Ord. 10870 § 500, 1993). 21A.26.120 Measurements and monitoring. A. The department of public health shall measure or contract for measurement of NIER levels as necessary to insure that the NIER standard is not being exceeded. B. If the NIER level of an existing major communication facility has not been measured within 3 years of the effective date of this title, such facility shall be measured within 120 days from the effective date of this title. All major communication facilities shall be measured every third year thereafter. The measurements shall be submitted to the department of public health for review within 60 days of measurement. The department shall be reimbursed for its review of the measurements pursuant to this section. C. New major communication facilities shall be measured within 120 days from the commencement of the operation and every third year thereafter. The department shall be reimbursed for its review of the measurements pursuant to this section. D. The department of public health shall have the authority to assess fees for the cost of plan review. The fee shall be based upon the time required by staff, including overhead cost, for plan review. (Ord. 10870 § 501, 1993). 21A.26.130 Shock and bum standard. The communication facility shall not emit radiation such that the public will be exposed to shock and burn in excess of the standards contained in ANSI C-95.1 or subsequent amendments thereto recognized by ANSI. (Ord. 10870 § 502, 1993). 21A.26.140 Modifications. A. Cumulative modifications of conforming or nonconforming communication facilities, transmission structures or transmission equipment which do not increase the overall height of the transmission structure or transmission equipment by more than thirty percent shall be allowed provided: 1. A nonconformance with respect to the transmission structure shall not be created or increased, except as otherwise provided above as to height; 2. Existing perimeter vegetation or landscaping shall not be reduced; and (King County 6-2006) 21 A-251 21A26.140 - 21A.26.160 ZONING 3. The modification results in compliance with K.C.C, 21A.26,100 and 21-A.26.130. The applicant shall provide King County a detailed certification of compliance with these provisions which has been prepared by a licensed professional engineer. 4. For minor communication facilities, the allowances for increased height established by this chapter shall be complied with. B. Except for consolidations allowed by K.C.C. 21A.26.150, modifications which increase the overall height of the transmission structure or transmission equipment by more than 30 percent shall be subject to the following provisions: 1. Applications for such transmission structures shall be reviewed pursuant to the applicable process specified in this chapter; and 2. Such transmission structures shall comply with the provisions of K_C_C. 21A.26.020, K.G.C. 21A26.060 through 21A.26.140, K.C.C. 21A.26.160 through 21A.26.190, and Ordinance 13129, and for minor communication facilities, in case of conflict, the provisions of Ordinance 13129 shall control. (Ord_ 13129 § 25, 1998: Ord. 10870 § 503, 1993). 21A.26.150 Consolidation. Consolidation of two or more existing transmission structures may be permitted subject to the following: A. If the consolidated transmission structure cannot meet the requirements of K.C.C. 21A.26.050, it shall be located on the portion of the parcel on which it is situated which, giving consideration to the following, provide the optimum practical setback from adjacent properties: 1. Topography and dimensions of the site, 2. (in the case of a consolidation) to any existing structures to be retained, and 3, (in the case of a guyed transmission tower) to guy anchor placement necessary to assure structural integrity of the consolidated transmission tower. Consolidated transmission structures shall be set back from abutting residential property a minimum of ten percent of the height of the consolidated transmission structure, but in all cases no less than 100 feet; B. If a consolidation involves the removal of transmission structures from two or more different sites and if a consolidated transmission structure is to be erected on one of those sites, it shall be erected on the site which provides for the greatest compliance with the standards of this chapter, C. All existing transmission equipment on the site of a communication facility which does not comply with the provisions of this chapter shall be relocated to the consolidated transmission structure before the relocation of transmission equipment from a non-exempt off -site, conforming communication facility is permitted; D_ The consolidation shall eliminate VIER and electrical current levels attributable to the consolidat- ing transmission equipment which exceed the limits of K.C.C. 21A.26.100 and 21A.26.130; E. Any transmission structure to be removed as part of a consolidation shall be removed within 12 months of relocation of the transmitting equipment; F. Consolidation shall result in a net reduction in the number of transmission structures; and G. Consolidated facilities shall require a conditional use permit. (Ord. 10870 § 504, 1993), 21A.26.160 Supplemental application requirements. A_ In addition to any required site plan, a permit application for any communication facility shall also include: 1. A site plan which shows existing and proposed transmission structures; guy wire anchors; warning signs; fencing and access restrictions; 2. A report by a licensed professional engineer demonstrating compliance with applicable structural standards of the UBC, and describing the general structural capacity of any proposed transmission structure(s), including: a. The number and type of antennas that can be accommodated; and b. The basis for the calculation of capacity; 3. A report by a state licensed professional engineer that includes the following: a. A description of any proposed transmission tower(s) or structure(s), including height above grade, materials, color and lighting; and b. Information related to interference required by K.C.C. 21A.26.090. (King County 6-2006) 21 A-252 DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A.26.160 - 21A.26.200 B. Where a permit for a non-exempt communication facility is required, the application shall also include the following information: 1. The name and address of the operator(s) of proposed and existing antennas on the site; 2. The height of any proposed antennas; 3. Manufacture, type, and model of such antennas; 4. Frequency, modulation and class or service; 5. Transmission and maximum effective radiated power; 6. Direction of maximum lobes and associated radiation; 7. The calculated NIER levels attributable to the proposed antennas at points along the property line and other areas off -site which are higher than the property line points, as well as calculated power density (NIER levels) in areas that are expected to be unfenced on -site; 8. For a major communication facility, if there is another major communication facility within one mile of the site of the proposed facility, the level of NIER at the points identified in subsection B.7. as measured within 30 days prior to application; and 9. For a minor communication facility, if there is an existing major communication facility within one-half mile of the site of the proposed facility, the level of NIER at the points identified in subsection B.7. as measured within 30 days prior to the application. (Ord. 10870 § 505, 1993). 21A.26.170 Notification requirements. Notification of a permit application shall be given to adjacent property owners within a 500 foot radius and the local community council. The area within which mailed notice is required shall be expanded to include at least 20 different owners in rural or lightly inhabited areas or in other appropriate cases to the extent the department determines is necessary. The standards of published notice and posting of property required by K.C.C_ 21A.42 shall be pursuant to K.C.C. 21A.40. (Ord. 10870 § 506, 1993). 21A.26.180 NIER compliance criteria. The department of public health shall consider the following criteria in determining compliance with K.C.C. 21A.26.100: A. The number and location of points at which levels have been determined to exceed NIER standards; B. The duration of exposure to NIER levels above the standard; C. The extent by which the levels measured at such points exceed the standards established by this chapter; and D. The relative contribution of individual sources in a multiple source environment. (Ord. 10870 § 507, 1993). 21A.26.190 NIER enforcement. A. The department of public health shall be responsible for the enforcement of the provisions of K.C.C. 21A.26.100 in accordance with K.G.C. 23. The department director shall allow no more than 10 days to elapse from the date of a violation before corrective action is commenced. If this deadline cannot be met, the director shall issue a stop work order. B. If the approved NIER standard is exceeded in an area where there are multiple users and transmission equipment, all users shall share in the NIER the reduction will adequately protect the proposed development and the sensitive area; reductions, scaled proportionally to their current discharges. (Ord. 10870 § 508, 1993). 21A.26.200 Periodic review of NIER standard. The department of public health shall review the county approved NIER standard every three years and report to the chair of the council on whether it should be changed. (Ord, 10870 § 509, 1993). (King County 6-2006) 21 A-253 21A.26210 - 21A.26.300 ZONING 21A.26.210 State regulation. A. If state regulations establish a NIER exposure standard which is more restrictive than the county standard, the state standard shall automatically become effective. B. If such state standards are intended to preempt local enforcement with respect to specific sections of this chapter, said sections shall automatically be deemed ineffective. C. Application of the provisions of this chapter shall be subject to any rule, regulation, order or decision of any state or federal court or government agency with which such communication facility is obligated to comply. (Ord. 10870 § 510, 1993). 21A.26.300 Minor communication facilities - preapplication community meetings. When a new transmission support structure is proposed, a community meeting shall be convened by the applicant prior to submittal of an application. A. At least two weeks in advance, notice of the meeting shall be provided as follows: 1. Published in the local paper and mailed to the department and to the unincorporated area council serving the area in which potential sites are contemplated, and 2. Mailed notice shall be provided to all property owners within five hundred feet (or at least twenty of the nearest property owners, whichever is greater) as required by K.C.C. 21A.26.170 of any potential sites, identified by the applicant for possible development, to be discussed at the community meeting. When the proposed transmission support structure exceeds a height of one hundred twenty feet, the mailed notice shall be provided to all property owners within one thousand feet. The mailed notice shall at a minimum contain a brief description and purpose of the project, the estimated height, approximate location noted on an assessor map with address and parcel number, photo or sketch of proposed facility, a statement that alternative sites proposed by citizens can be presented at the meeting which will be considered by the applicant, a contact name and telephone number to obtain additional information and other information deemed necessary by King County. Because the purpose of the community meeting is to promote early discussion, applicants are encouraged to note any changes to the conceptual information presented in the mailed notice when they submit an application. B. At the community meeting at which at least one employee of the department of development and environmental services, assigned by the director of the department, shall be in attendance, the applicant shall provide information relative to existing transmission support structures and other nonresidential structures, such as water towers and electrical transmission lines, within one -quarter mile of potential sites, and shall discuss reasons why those existing structures are unfeasible. Furthermore, any alternative sites within one - quarter mile, identified by community members and provided to the applicant in writing at least five days in advance of the meeting, shall be evaluated by the applicant to the extent possible given the timeframe, and discussed at the meeting. A listing of the sites, identified in writing and provided to the applicant at or before the community meetings, shall be submitted to the department with the proposed application. Applicants shall also provide a list of meeting attendees and those receiving mailed notice and a record of the published meeting notice at the time of application submittal. (Ord. 13129 § 2, 1998). (King County 6-2006) 21 A-254 DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A.26.310 21A.26.310 Minor communication facilities - review process. Minor communication facilities shall be reviewed as follows: MINOR COMMUNICATION FACILITIES - REVIEW PROCESS Zone District(s) Antenna Transmission Support Structure I, RB, CB P P NB, 0 C1 F, M P P C1 UR, RA, A P P2 Gt and 2 R1 - R48 P P C1 P - Permitted Use C - Conditional Use ' If the proposal exceeds the development standards of this chapter contained in K.C.C. 21A.26.320 for transmission support structures, the proposal shall be reviewed through this process. 2 The proposed transmission support structure shall not be located on any RA or A zoned site for which the development rights have been encumbered by the farmlands preservation program. (Ord. 13129 § 3, 1998). (King County 6-2006) 21 A-255 21A.26.320 - 21A.26.330 ZONING 21A.26.320 Minor communication facilities - development standards for transmission support structures. A new transmission support structure exceeding the standards of this section are subject to the conditional use permit process as outlined in K.C.C. 21A.26,310, These provisions do not apply to transmission support structures that are being modified or replaced pursuant to the provisions of K.C.C. 21A.26.380 or replace an existing transmission support structure. MINOR COMMUNICATION FACILITIES - DEVELOPMENT STANDARDS Zone District(s) Height and Location Of Tower Setbacks 1 1 140 feet high 50 feet (or one foot setback for every one foot in height) from any UR, RA, A, or R1 - R48 zone property, whichever provides the greatest setback RB, CB 120 feet high SAME AS ABOVE NB, 0, UR, RA, A, R1 - R48 60 feet high SAME AS ABOVE F, M 140 feet high SAME AS ABOVE 'Setbacks may be modified to achieve additional screening, see K_C.C. 21A.26.330C or as provided in K.C.C_ 21A.26.050. (Ord. 13129 § 4, 1998). 21A.26.330 Minor communication facilities - visual compatibility standards. With consideration to engineering and structural requirements, and the coverage patterns the provider is seeking to achieve, minor communication facilities shall be subject to the following visual compatibility standards in addition to K.C.C. 21A.44.040. A. Antenna should, to the extent practicable, reflect the visual characteristics of the structure to which it is attached. This should be achieved through the use of colors and materials, as appropriate. When located on structures such as buildings or water towers, the placement of the antenna on the structure should reflect the following order of priority in order to minimize visual impact: 1. A location as close as possible to the center of the structure, and 2. long the outer edges or side -mounted, provided that in this instance, additional means such as screens should be considered and may be required by the department on a case -by -case basis, and 3_ When located on the outer edge or side -mounted, be placed on the portion of the structure less likely to be seen from adjacent lands containing, in descending order of priority. existing residences, public parks and open spaces, and public roadways. B_ To the extent that there is no conflict with the color and lighting requirements of the Federal Communication Commission and the Federal Aviation Administration for aircraft safety purposes, transmission support structures shall be designed to blend with existing surroundings to the extent feasible. This should be achieved through the use of compatible colors and materials, and alternative site placement to allow the use of topography, existing vegetation or other structures to screen the proposed transmission support structure from adjacent lands containing, in descending order of priority: existing residences, public parks and open spaces, and public roadways. (King County 6-2006) 21A-256 DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A26.330 - 21A.26.370 C_ The setback provisions of K.C.C. 21A.26,320 may be waived by the department or the examiner, in order to achieve greater levels of screening than that which would be available by using the stated setback, during the course of the review process described in K.C.C. 21A.26.310, In waiving the requirement, the department or examiner shall consider the protection of adjacent lands on the basis of the priorities stated in subsections A and B of this section. (Ord. 13129 § 5, 1998). 21A.26.340 Minor communication facilities - additional standards to reduce degree of visual impact. The department shall also consider the following criteria and give substantial consideration to on - site location and setback flexibility authorized in K.C.C. 21A.26.330C when reviewing applications for new free-standing towers and determining appropriate levels of mitigation: A. Whether existing trees and vegetation can be preserved in such a manner that would most effectively screen the proposed tower from residences on adjacent properties; B Whether there are any natural land -forms, such as hills or other topographic breaks, that can be utilized to screen the tower from adjacent residences; C. Whether the applicant has utilized a tower design that reduces the silhouette of the portion of the tower extending above the height of surrounding trees; and D. Whether the factors of subsections B and C can be addressed and the height of the proposed tower be reduced and still provide the level of coverage proposed by the applicant. (Ord. 13129 § 17, 1998). 21A.26.350 Minor communication facilities - time limits and establishment period. The building permit shall become null and void if construction of the transmission support structure has not begun within one year after the effective date of permit approval or if antennas are not installed within one hundred eighty days after construction of the transmission support structure. Extensions shall be allowed only in accordance with the criteria specified for building permit extensions in K.C.C. 16.04.05013. (Ord. 13129 § 6, 1998). 21A.26.360 Minor communication facilities - cessation of use. Antenna shall be removed from transmission support structures within one hundred eighty days after the antenna is no longer operational. Transmission support structures for wireless communication facilities shall be removed within one year of the date the last antenna is removed. (Ord. 13129 § 7, 1998). 21A.26.370 Minor communication facilities - collocation. A. Upon application for a conditional use permit or a building permit for a new free-standing tower, whichever is required first, the applicant shall provide a map showing all existing transmission support structures or other suitable nonresidential structures located within one -quarter mile of the proposed structure with consideration given to engineering and structural requirements. No new transmission support structure shall be permitted if an existing structure suitable for attachment of an antenna or collocation is located within one -quarter mile, unless the applicant demonstrates that the existing structure or a new structure complying with K.C.C. 21A.26.380: 1. would be physically or technologically unfeasible pursuant to K.C.C_ 21A26.420, or 2. is not made available for sale or lease by the owner, or 3. is not made available at a market rate cost, or 4. would result in conflicts with Federal Aviation Administration height limitations. B. The burden of proof shall be on the applicant to show that a suitable existing, modified or replacement structure for mounting of antenna or collocation cannot be reasonably or economically used in accordance with these criteria. C, Prior to the receipt of a building permit to construct a new tower, the applicant shall file a letter agreeing to allow collocation on the tower with the department. The agreement shall commit the applicant to provide, either at a market rate cost or at another cost basis agreeable to the affected parties, the opportunity to collocate the antenna of other service providers on the applicant's proposed tower to the extent that such collocation is technically feasible for the affected parties. D. All new or modified transmission support structures shall be constructed in a manner that would provide sufficient structural strength to allow the collocation of additional antenna from other service providers. (Ord. 14045 § 50, 2001: Ord_ 13129 § 8, 1998). (King County 6-2006) 21A-257 21A.26.380-21A.26.400 ZONING 21A.26.380 Minor communication facilities - modifications. Antenna modifications consistent with the provisions of K.C_C. 21A.26.390 are permitted outright. Modifications to transmission support structures are also permitted outright, provided there is no increase in the height of the transmission support structure except when: A. Necessary to accommodate the actual collocation of the antenna of other service providers, or to accommodate the current providers antenna required to utilize new technology, such as digital transmissions; B. Limited to no more than forty feet above the height of the existing transmission support structure; and C. Proposed in a residential zone and the proposed height exceeds sixty feet and is demonstrated by the applicant to be required to meet the proposed area of coverage. If proposed in a residential zone, notice and a comment period shall be provided consistent with the provisions of K.C.C. 2020.060, If the need for additional height is challenged within the comment period specified, technical evaluation as provided for in K.C.C. 21A.26.450 shall be conducted. The department may approve, require additional mitigation, or deny the proposed height increase on the basis of this technical evaluation. (Ord. 14045 § 51, 2001: Ord. 13129 § 9, 1998). 21A_26.390 Minor communication facilities - antennas. Antennas meeting the standards of this section are permitted outright. An antenna shall not extend more than six feet horizontally from any structure to which it is attached_ Furthermore, an antenna shall not extend vertically above the uppermost portion of the structure to which it is mounted or attached, as follows: A. Not more than twenty feet on a nonresidential structure, and B. Not more than fifteen feet on a residential structure. (Ord. 13129 § 10, 1998)_ 21A.26.400 Minor communication facilities - location within street, utility and railroad rights - of -way. A. The mounting of antenna upon existing structures, such as light and power poles, located within publicly or privately maintained street, utility and railroad right-of-ways is permitted outright. If an existing structure within a street, utility, or railroad rights -of -ways cannot accommodate an antenna due to structural deficiency or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure that will serve the original purpose and will not exceed the original height by forty feet. However, minor communication facilities within street, utility and railroad right-of-way that propose the construction of a separate structure used solely for antenna shall be subject to the zoning provisions applicable to the property abutting the portion of right-of-way where the structure is proposed except that the setbacks specified in the zoning code shall not apply. Setbacks shall be those specified in the road design standards. In cases where the abutting property on either side of the right-of-way has different zoning, the more restrictive zoning provisions shall apply. B. The placement of antenna on existing or replacement structures within street, utility or railroad rights -of -way is the preferred alternative in residential neighborhoods and the Rural Areas and the feasibility of such placement shall be considered by the county whenever evaluating a proposal for a new transmission support structure, except for a new structure that is proposed to collocate antenna for two or more separate service providers. (Ord_ 14045 § 52, 2001: Ord. 13129 § 11, 1998). (King County 6-2006) 21 A-258 DEVELOPMENT STANDARDS - COMMUNICATION FACILITIES 21A.26.410 - 21A26.450 21A26.410 Minor communication facilities - public parks and open spaces owned by King County. Within public parks and open spaces owned by King County, the placement of antennas on existing structures, such as power poles, light poles for streets and parking lots, light standards for recreational fields and communication towers, is the preferred option. If an existing structure within a county -owned park or open space cannot accommodate an antenna due to structural deficiency, or does not have the height required to provide adequate signal coverage, the structure may be replaced with a new structure provided that the new structure will serve the original purpose and not exceed the original height by forty feet. Any height increase in excess of forty feet will require a conditional use permit. The construction of a new free-standing tower within public parks and open spaces owned by King County shall be subject to a conditional use permit when the height of the proposed tower exceeds sixty feet. (Ord. 14045 § 53, 2001: Ord. 13129 § 14, 1998). 21A.26.420 Minor communication facilities - criteria for determining technical feasibility. When an applicant is required to demonstrate that an existing, modified or replacement structure is not technically feasible for collocation, the evidence submitted to corroborate that finding may consist of any of the following: A_ No existing structures are located within the geographic area required to meet the applicant's proposed area of coverage. B. Existing structures are not of sufficient structural strength to support the applicant's proposed antenna and related equipment and the cost of modification or replacement of an existing structure to allow collocation would equal or exceed that of the construction of the new structure. C. Existing structures or structures modified consistent with K.C.C. 21A.26.380 would not be of sufficient height required to meet the applicant's proposed area of coverage or allow microwave connection to other sites operated by the applicant. D_ The applicant's proposed antenna would cause interference between the proposed and existing antenna, and that even the additional height permitted for collocations pursuant to K.C.C. 21A26.380 would not ensure enough separation to avoid such interference. (Ord, 14045 § 54, 2001: Ord, 13129 § 16, 1998). 21A.26.430 Minor communication facilities - applicability to vested applications. The standards of Ordinance 13129 shall not apply to vested applications for conditional use permits and building permits for transmission support structures. Furthermore, the standards, except for the antenna mounting provisions of K.C.C. 21A.26.390, shall not apply to new building permits required to construct a transmission support structure that been authorized through a prior -vested or prior -approved conditional use or special use permit. (Ord. 13129 § 18, 1998). 21A.26.440 Minor communication facilities - standards within city potential annexation areas. Within the approved potential annexation areas of a city, the agreed upon permitting jurisdiction shall apply the provisions of the applicable city as provided for by an interlocal agreement that has been entered into between the city and the county. The city standards would be applied when adopted in an ordinance by King County. (Ord. 13129 § 21, 1998). 21A.26.450 Minor communications facilities — technical evaluation. The department of development and environmental services shall retain the services of a registered professional electrical engineer accredited by the state of Washington who holds a Federal Communications General Radio telephone Operator License_ The engineer will provide technical evaluation of permit applications for minor communications facilities. The department is authorized to charge the applicant for these services. The specifications for an RFP to retain a consulting engineer shall specify at least the qualifications noted above, the capacity to provide a three week turnaround on data review, a request for a proposed fixed fee for services and shall state a preference for a qualified professional with a balance of experience in both the private and public sectors. Such a review shall be performed in a timely manner, be limited to the data necessary to establish findings pursuant to K.C.C. 21A.26.420C and 21A26.420D, and avoid any conflicts with the department's duty to review permit applications within one hundred twenty days of acceptance pursuant to RCW 36.70B.090. This review shall be performed when requested by affected residents pursuant to K.C.C. 21A26.380. (Ord. 13129 § 22, 1998). (King County 6-2006) 21A 259 1.1 W-11 1� 21 A-260 n 2 m a N DEVELOPMENT STANDARDS -ADEQUACY OF PUBLIC FACILITIES AND SERVICES 21A28 Chapter 21 A.28 DEVELOPMENT STANDARDS -ADEQUACY OF PUBLIC FACILITIES AND SERVICES Sections: 21A.28.010 Purpose. 21A.28.020 General requirements. 21A28.030 Adequate sewage disposal. 21A.28.040 Adequate water supply. 21 A.28.050 Surface water management. 21 A28.060 Adequate roads. 21A.28.120 Adequate vehicular access. 21A,28,130 Adequate fire protection. 21A.28.140 School concurrency - Applicability and relationship to fees. 21A.28.150 Findings, recommendations, and decisions regarding school capacities. 21A.28.152 Submission of district capital facilities plan and data. 21A.28.154 School Technical review Committee. 21A.28.156 Annual council review. 21A.28.160 School concurrency standard. 21A.28.180 C red it for improvements. 21 A-261 (King County 6-2006) BLANK 2 1 A-262 DEVELOPMENT STANDARDS - ADEQUACY OF 21A.28.010 - 21A.28.020 PUBLIC FACILITIES AND SERVICES 21A.28.010 Purpose. The purpose of this chapter is to ensure that public facilities and services necessary to support development are adequate or will be provided in a timely manner consistent with the Public Facilities and Services planning goal of the Washington State Growth Management Act of 1990 by: A. Specifying the on -site and off -site facilities and services that must be in place or otherwise assured of timely provision prior to development; B. Allocating the cost of those facilities and services fairly; and C. Providing a general framework for relating development standards and other requirements of this code to: 1. Adopted service level standards for public facilities and services; 2. Procedural requirements for phasing development projects to ensure that services are provided as development occurs; and 3_ The review of development permit applications. (Ord. 10870 § 511, 1993). 21A.28.020 General requirements. A. All new development proposals including any use, activity or structure allowed by K.C.C. chapter 21A.08 that requires King County approval shall be adequately served by the following facilities and services prior to the time of occupancy, recording or other land use approval, as further specified in this chapter: 1. Sewage disposal; 2. Water supply; 3. Surface water management; 4. Roads and access; 5. Fire protection service; and 6. Schools. B. All new development proposals for building permits, plats, short plats, urban planned developments, fully contained communities and binding site plans, that will be served by a sewer or water district, shall include a certificate of water availability and a certificate of sewer availability to demonstrate compliance with this chapter and other provisions of the King County Code, the King County Comprehensive Plan and the Growth Management Act. C. Regardless of the number of sequential permits required, the provisions of this chapter shall be applied only once to any single development proposal. If changes and modifications result in impacts not considered when the proposal was first approved, the county shall consider the revised proposal as a new development proposal. (Ord. 13694 § 91, 1999: Ord. 11621 § 83, 1994: Ord. 10870 § 512, 1993). (King County 6-2006) 21A---263 21A.28.030 - 21A.28.040 ZONING 21A.28.030 Adequate sewage disposal. All new development shall be served by an adequate public or private sewage disposal system, including both collection and treatment facilities as follows: A. A public sewage disposal system is adequate for a development proposal provided that: 1. For the issuance of a building permit, preliminary plat or short plat approval or other land use approval, the site of the proposed development is or can be served by an existing disposal system consistent with K.C.C. Title 13, and the disposal system has been approved by the department as being consistent with applicable state and local design and operating guidelines; 2. For the issuance of a certificate of occupancy for a building or change of use permit, the approved public sewage disposal system as set forth in subsection A.1 of this section is installed to serve each building or lot; 3. For recording a final plat, final short plat or binding site plan, the approved public sewage disposal system set forth in subsection A.1 of this section shall be installed to serve each lot respectively; or a bond or similar security shall be deposited with King County for the future installation of an adequate sewage disposal system. The bond may be assigned to a utility to assure the construction of the facilities within two years of recording; and 4. For a zone reclassification or urban planned development permit, the timing of installation of required sewerage improvements shall be contained in the approving ordinance as specified in K.C.C_ 20.24.230; and B. A private individual sewage system is adequate, if an on -site sewage disposal system for each individual building or lot is installed to meet the requirements and standards of the department of public health as to lot size, soils and system design prior to issuance of a certificate of occupancy for a building or change of use permit.(Ord. 13625 § 20, 1999: Ord. 11621 § 84, 1994: Ord. 10870 § 513, 1993). 21A.28.040 Adequate water supply. All new development shall be served by an adequate public or private water supply system as follows: A. A public water system is adequate for a development proposal only if: 1. For the issuance of a building permit, preliminary plat approval or other land use approval, the applicant demonstrates that the existing water supply system available to serve the site: a. complies with the applicable planning, operating and design requirements of: (1) chapters WAC 246-290 and 246-291; (2) K_C.C. chapters 14.42 and 14.44 and K_C.C. Title 17; (3) coordinated water system plans; (4) K.C.C. Titles 12 and 13 and other applicable rules of the King County board of health; (5) applicable rules of the Washington state Board of Health, Department of Health, Utilities and Transportation Commission and Department of Ecology; (6) applicable provisions of King County groundwater management plans and watershed plans; (7) applicable provisions of the King County Comprehensive plan and development regulations; and (8) any limitation or condition imposed by the county -approved comprehensive plan of the water purveyor, b. The proposed improvements to an existing water system have been reviewed by the department and determined to comply with the design standards and conditions specified in subsection A.1 _a. of this section; and c. A proposed new water supply system has been reviewed by the department and determined to comply with the design standards and conditions specified in subsection AA.a. of this section; 2. Before issuance of a certificate of occupancy for a building or change of use permit, the approved public water system and any system improvements in subsection A.1. of this section are installed to serve each building or lot respectively; (King County 6-2006) 21 A--264 [DEVELOPMENT STANDARDS - ADEQUACY OF 21A.28.040 - 21A.28.060 PUBLIC FACILITIES AND SERVICES 3. For recording a final plat, final short plat or binding site plan, either the approved public water supply system or system improvements in subsection A.1. of this section are installed to serve each lot or a bond or similar security shall be deposited with King County and may be assigned to a purveyor to assure the construction of required water facilities in Group A systems as defined by board of health regulations, within two years of recording; and 4. For a zone reclassification or urban planned development permit, the timing of installation of required water system improvements is included in the approving ordinance as specified in K.C.C. 20.24.230. B, An on -site individual water system is adequate and the plat or short plat may receive preliminary and final approval, and a building or change of use permit may be issued as provided in K.C.C. 1324,138 and 13.24.140. (Ord. 15032 § 36, 2004: Ord. 10870 § 514, 1993). 21A.28.050 Surface water management. All new development shall be served by an adequate surface water management system as follows: A. The proposed system is adequate if the development proposal site is served by a surface water management system approved by the department as being consistent with the design, operating and procedural requirements of the King County Surface Water Design Manual and K.C,C. Title 9; B. For a subdivision, zone reclassification or urban planned development, the phased installation of required surface water management improvements shall be stated in the approving ordinance as specified in K.C.C. 20.24.230. Such phasing may require that a bond or similar security be deposited with King County; and C. A request for an adjustment of the requirements of the Surface Water Design Manual and K.C.C. Title 9 shall be reviewed in accordance with K.C.C. 9.04.050 and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard in K.C.C. chapters 21A.12, 21A.14, 21A.16, 21A.18, 21A.20, 21A.22, 21A.24, 21A.26, 21A28, 21A.30. (Ord. 15051 § 212, 2004: Ord. 10870 § 515, 1993). 21A.28.060 Adequate roads. A. All new development shall be served by adequate roads. Roads are adequate if the development's traffic impacts on surrounding public roads are acceptable under the level -of -service standards and the compliance procedures established in K.C.C. Title 14. B. The renewal of permits or the issuance of a new permit for existing uses constitutes a new development proposal only if it will generate additional traffic above that currently generated by the use. C. A variance request from the road cross-section or construction standards established by K.C.C. Title 14, Roads and Bridges, shall be reviewed as set forth in K.C.C. 14.42.060 and does not require a variance from this Title unless relief is requested from a building height, setback, landscaping or other development standard set forth in K.C.C. 21A.12 through K.C.C. 21A.30, (Ord. 11621 § 85, 1994: Ord. 10870 § 516, 1993). (King County 6-2006) 21 A-265 21A.28.120 - 21A.28.140 ZONING 21A.28.120 Adequate vehicular access. All new development shall be served by adequate vehicular access as follows: A. The property upon which the development proposed is to be located has direct access to: 1. A public or private street that meets county road standards or is formally declared acceptable by the county road engineer; or 2. The property has access to such a street over a private driveway approved by the county; B. The proposed circulation system of a proposed subdivision, short subdivision or binding site plan shall intersect with existing and anticipated streets abutting the site at safe and convenient locations, as determined by the department and the county road engineer; and C. Every lot upon which one or more buildings is proposed to be erected or traffic generating use is proposed to be established, shall establish safe access as follows.- 1- Safe passage from the street right-of-way to building entrances for transit patrons and other pedestrians, in accordance with the design standards set forth in K.C.C. 21A.18; 2. Direct access from the street right-of-way, fire lane or a parking space to any part of the property as needed to provide public services in accordance with adopted standards (e.g. fire protection, emergency medical service, mail delivery or trash collection); and 3. Direct access from the street right-of-way, driveway, alley or other means of ingress/egress approved by King County, to all required off-street parking spaces on the premises. (Ord. 10870 § 522, 1993). 21A.28.130 Adequate fire protection. All new development shall be served by adequate fire protection as set forth below: A. The site of the development proposed is served by a water supply system that provides at least minimum fire flow and a, road system or fire lane system that provides life safety/rescue access, and other fire protection requirements for buildings as required by K.C.C. Title 17, Fire Code and K.G.C. Title 16, Building and Construction Standards; B. For a zone reclassification or Urban planned development, the timing of installation of required fire protection improvements shall be stated in the approving ordinance as specified in K.C.C. 20.24.230, secured with a bond or similar security, and deposited with King County; and C. A variance request from the requirements established by K_C.C. Title 17, Fire Code, shall be reviewed as set forth in K.C_C. 17.08.090 or K.C.C. 17.10.040, and/or in Article 2 of the currently adopted edition of the Uniform Fire Code and does not require a variance from this title unless relief is requested from a building height, setback, landscaping or other development standard set forth in K.C.C. 21A.12 through K.C.C. 21A.30. (Ord. 10870 § 523, 1993). 21A.28.140 School concurrency -Applicability and relationship to fees. A. The school concurrency standard set out in Section 21A.28.160 shall apply to applications for preliminary plat or Urban Planned Development (UPD) approval, mobile home parks, requests for multifamily zoning, and building permits for multifamily housing projects which have not been previously evaluated for compliance with the concurrency standard. B. The county's finding of concurrency shall be made at the time of preliminary plat or UPD approval, at the time that a request to actualize potential multifamily zoning is approved, at the time a mobile home park site plan is approved, or prior to building permit issuance for multifamily housing projects which have not been previously established for compliance with the concurrency standard. Once such a finding has been made, the development shall be considered as vested for purposes of the concurrency determination. C. Excluded from the application of the concurrency standard are: 1. building permits for individual single family dwellings; 2. any form of housing exclusively for senior citizens, including nursing homes and retirement centers; (King County 6-2006) 21 A-266 DEVELOPMENT STANDARDS - ADEQUACY OF 21A.28.140 - 21A.28.150 PUBLIC FACILITIES AND SERVICES 3, shelters for temporary placement, relocation facilities and transitional housing facilities.; 4. Replacement, reconstruction or remodeling of existing dwelling units; 5. Short subdivisions; 6. Building permits for residential units in preliminary planned unit developments which were under consideration by King County on January 22, 1991; 7, Building permits for residential units in recorded planned unit developments approved pursuant to K.C.C. Title 21 that have not yet expired per K.C.C. 21,56.060; 8. Building permits applied for by December 31, 1993, related to rezone applications to actualize potential zoning which were under consideration by King County on January 22, 1991; 9. Building permits applied for by December 31, 1993, related to residential development proposals for site plan review to fulfill P-Suffix requirements of multifamily zoning which were under consideration by King County on January 22, 1991; and 10. Any residential building permit for any development proposal for which a coneurrency determination has already been made pursuant to the terms of K.C.C. Title 21A. D. All of the development activities which are excluded from the application of the coneurrency standard are subject to school impact fees imposed pursuant to Title 27. E. The assessment and payment of impact fees are governed by and shall be subject to the provisions in K.C.C. Title 27 addressing school impact fees. F. A certification of coneurrency for a school district shall not preclude the county from collecting impact fees for the district. Impact fees may be assessed and collected as long as the fees are used to fund capital and system improvements needed to serve the new development, and as long as the use of such fees is consistent with the requirements of Chapter 82.02 RCW and this chapter. Pursuant to Chapter 82.02 RCW, impact fees may also be used to recoup capital and system improvement costs previously incurred by a school district to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. (Ord. 11621 § 87, 1994: 11157 § 25, 1993: Ord. 10870 § 524, 1993). 21A.28.150 Findings, recommendations, and decisions regarding school capacities. A. In making a threshold determination pursuant to SEPA, the director and/or the hearing examiner, in the course of reviewing proposals for residential development including applications for plats or UPD's, mobile home parks, or multi -family zoning, and multifamily building permits, shall consider the school district's capital facilities plan as adopted by the council. B. Documentation which the district is required to submit pursuant to section 21A,28.152 or Title 20. shall be incorporated into the record in every case without requiring the district to offer such plans and data into the record. The school district is also authorized to present testimony and documents demonstrating a lack of coneurrency in the district and the inability of the district to accommodate the students to be generated by a specific development- C. Based upon a finding that the impacts generated by the plat, the UPD, mobile home park or the multi -family development were generally not anticipated at the time of the last council review and approval of a school district capital plan and were not included in the district's long-range forecast, the director may require or recommend phasing or provision of the needed facilities and/or sites as appropriate to address the deficiency or deny or condition approval, consistent with the provisions of this chapter, the State Subdivision Act, and the State Environmental Policy Act. D. Determinations of the examiner or director regarding coneurrency can be appealed only pursuant to the provisions for appeal of the development permit process for which the determination has been made. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the council for possible modifications. E. Where the council has not adopted an impact fee ordinance for a particular school district, the language of this section shall not affect the authority or duties of the examiner or the director pursuant to the State Environmental Policy Act or the State Subdivision Act. (Ord. 11621 § 88, 1994: 11157 § 26, 1993: Ord. 10870 § 525, 1993). (King County 6-2006) 21 A-267 21A.28.152 - 21A.28.154 ZONING 21A.28.152 Submission of district capital facilities plan and data. A. On an annual basis, each school district shall submit the following materials to the School Technical Review Committee created pursuant to Section 21A28.154: 1. The district's capital facilities plan adopted by the school board which is consistent with the Growth Management Act. 2. The district's enrollment projections over the next six (6) years, its current enrollment and the district's enrollment projections and actual enrollment from the previous year. 3. The district's standard of service. 4. An inventory and evaluation of district facilities which address the district's standard of service. 5. The district's overall capacity over the next six (6) years, which shall be a function of the district's standard of service as measured by the number of students which can be housed in district facilities. B. To the extent that the district's standard of service reveals a deficiency in its current facilities, the district's capital facilities plan must demonstrate a plan for achieving the standard of service, and must identify the sources of funding for building or acquiring the necessary facilities to meet the standard of service. C. Facilities to meet future demand shall be designed to meet the adopted standards of service. If sufficient funding is not projected to be available to fully fund a capital plan which meets the standard of service, the district's capital plan should document the reason for the funding gap. D. If an impact fee ordinance has been adopted on behalf of a school district, the district shall also submit an annual report to the School Technical Review Committee showing the capital improvements which were financed in whole or in part by the impact fees. (Ord. 11621 § 89, 1994). 21A.28.154 School Technical Review Committee. A. There is hereby created a School Technical Review Committee (STRC) within King County. The Committee shall consist of 4 county staff persons, one each from the department of development and environmental services, the planning and community development division, the office of financial management and the county council. B. The Committee shall be charged with reviewing each school district's capital facilities plan, enrollment projections, standard of service, the district's overall capacity for the next six (6) years to ensure consistency with the Growth Management Act, King County Comprehensive Plan, and adopted community plans, and the district's calculation and rationale for proposed impact fees. C. Notice of the time and place of the Committee meeting where the district's documents will be considered shall be provided to the district. D. At the meeting where the Committee will review or act upon the district's documents, the district shall have the right to attend or to be represented, and shall be permitted to present testimony to the Committee. Meetings shall also be open to the public. E. In its review, the Committee shall consider the following factors: 1. Whether the district's forecasting system for enrollment projections has been demonstrated to be reliable and reasonable. 2. The historic levels of funding and voter support for bond issues in the district; 3. The inability of the district to obtain the anticipated state funding or to receive voter approval for district bond issues; 4. An emergency or emergencies in the district which required the closing of a school facility or facilities resulting in a sudden and unanticipated decline in districtwide capacity; and 5. The standards of service set by school districts in similar types of communities. While community differences will be permitted, the standard established by the district should be reasonably consistent with the standards set by other school districts in communities of similar socioeconomic profile. (King County 6-2066) 21 A-268 DEVELOPMENT STANDARDS -ADEQUACY OF 21A.28.154 - 21A.28.156 PUBLIC FACILITIES AND SERVICES 6. The Committee shall consider the standards identified by the state concerning the ratios of certificated instructional staff to students. F. In the event that the district's standard of service reveals a deficiency in its current facilities, the Committee shall review the district's capital facilities plan to determine whether the district has identified all sources of funding necessary to achieve the standard of service. G. The district in developing the Financing Plan Component of the Capital Facilities Plan shall plan on a six -year horizon and shall demonstrate its best efforts by taking the following steps: 1. Establish a six -year financing plan, and propose the necessary bond issues and levies required by and consistent with that plan and as approved by the school board and consistent with RCW 28A.53.020 and RCW 84.52.052 and .056 as amended; and 2. Apply to the state for funding, and comply with the state requirement for eligibility to the best of the district's ability- H. The Committee is authorized to request the school district to review and to resubmit its capital facilities plan, or to establish a different standard of service, or to review its capacity for accommodating new students, under the following circumstances: 1. The standard of service established by the district is not reasonable in light of the factors set forth in subsection E of this section. 2. The Committee finds that the district's standard of service cannot reasonably be achieved in light of the secured financial commitments and the historic levels of support in the district; or 3. Any other basis which is consistent with the provisions of this section. I. The Committee shall prepare and submit an annual report to the King County council for each school district recommending a certification of concurrency in the district, except as provided in Subsection L of this section using the school concurrency standard as set forth in K.C_C. 21A.28.160. If a school district fails to submit its capital facilities plan for review by the STRC, King County shall assume the district has adequate capacity to accommodate growth for the following six years. J. The Committee shall submit copies of its recommendation of concurrency for each school district to the director of DDES, to the hearing examiner, and to the district. K. The Committee shall recommend to the council a comprehensive plan amendment adopting the district's capital facilities plan as part of the comprehensive plan, for any plan which the Committee concludes accurately reflects the district's facilities status. L. In the event that after reviewing the district's capital facilities plan and other documents, the Committee is unable to recommend certifying concurrency in a school district, the Committee shall submit a statement to the council, the director and the hearing examiner stating that the Committee is unable to recommend certifying concurrency in a specific school district. The Committee shall recommend to the executive that he propose to the council, amendments to the land use element of the King County Comprehensive Plan or amendments to the development regulations implementing the plan to more closely conform county land use plans and school facilities plans, including but not limited to requiring mandatory phasing of plats, UPDs or multifamily development located within the district's boundary. The necessary draft amendments shall accompany such recommendations. (Ord. 11621 § 90, 1994). 21A.28.156 Annual council review. A_ On at least an annual basis, the King County council shall review the reports prepared by the Committee and certify the district's plans. The review may occur in conjunction with any update of the Facilities and Services chapter of the King County Comprehensive Plan proposed by the Committee. B. The council shall review and consider any proposal(s) submitted by the Committee for amending the land use policies of the King County Comprehensive Plan, or the development regulations implementing the plan, including but not limited to requiring mandatory phasing of plats, UPDs or multifamily development when the Committee is unable to recommend a certification of concurrency in a specific school district. Any proposed amendments to the comprehensive plan or development regulations shall be subject to the public hearing and other procedural requirements set out in Title 20 or 21A, as applicable. C. The council may require the Committee to submit proposed amendments or may itself initiate amendments to the land use policies of the King County Comprehensive Plan, or amendments to the development regulations implementing the plan. (Ord. 11621 § 91, 1994). (King County 6-2006) 21 A---269 21A.28.160 - 21A.28.180 ZONING 21A.28.150 School concurrency standard. A. Schools shall be considered to have been provided concurrently with the development which will impact the schools if: 1. The permanent and interim improvements necessary to serve the development are planned to be in place at the time the impacts of development are expected to occur; or 2. The necessary financial commitments are in place to assure the completion of the needed improvements to meet the district's standard of service within 3 years of the time that the impacts of development are expected to occur_ Necessary improvements are those facilities identified by the district in its capital facilities plan as reviewed and adopted by King County. B. Any combination of the following shall constitute the "necessary financial commitments" for the purposes of subsection A. 1. The district has received voter approval of and/or has bonding authority; 2. The district has received approval for federal, state, or other funds; 3. The district has received a secured commitment from a developer that the developer will construct the needed permanent school facility, and the school district has found such facility to be acceptable and consistent with its capital facilities plan; and/or 4. The district has other assured funding, including but not limited to school impact fees which have been paid. C. Compliance with this concurrency requirement of this section shall be sufficient to satisfy the provisions of RCW 58.17.060 and RCW 58.17.110. (Ord. 10870 § 526, 1993). 21A.28.180 Credit for improvements. Whenever a development is granted approval subject to a condition that the development proponent actually provide a school facility acceptable to the district, the development proponent shall be entitled to a credit for the actual cost of providing the facility, against the fee that would be chargeable under the formula provided by K.C.C. Title 27. The cost of construction shall be estimated at the time of approval, but must be documented and the documentation confirmed after the construction is completed to assure that an accurate credit amount is provided. If construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. (Ord. 10870 § 528, 1993). (King County 6-2006) 21A-270 DEVELOPMENT STANDARDS -ANIMALS, HOME OCCUPATION, HOME INDUSTRY 21 A.30 Chapter 21A.30 DEVELOPMENT STANDARDS - ANIMALS, HOME OCCUPATION, HOME INDUSTRY Sections: 21A.30.010 Purpose. 21A.30.020 Animal regulations - Small animals. 21A.30.030 Animal regulations - Livestock - Purpose. 21A.30.040 Animal regulations -- livestock - densities. 21A.30.045 Animal regulations --- livestock management components of farm management plans. 21A.30.060 Animal regulations - Livestock - Management standards. 21A.30.062 Animal regulations - livestock - building requirements. 21A.30.064 Animal regulations - livestock - livestock regulation implementation and monitoring - agriculture commission livestock committee. 21A.30.066 Animal regulations - Livestock - Education and enforcement, 21A.30.067 Livestock management - information. 21A.30.068 Livestock management - waste disposal. 21A.30.070 Existing livestock operations. 21A.30.075 Livestock interdisciplinary teams. 21A.30.080 Home occupation in the R and UR zones. 21A.30.085 Home occupations in the A, F and RA zones. 21A.30.090 Home industry. 21A.30.200 Severability. (King County 12-2006) 21 A-271 BLANK 29A-272 DEVELOPMENT STANDARDS - ANIMALS, 21A.30.010 - 21A.30.020 HOME OCCUPATION, HOME INDUSTRY 21A.30.010 Purpose. The purpose of this chapter is to enhance and preserve the compatibility between neighboring properties by regulating the scope and intensity of accessory uses or activities. (Ord. 10870 § 529, 1993)_ 21A.30.020 Animal regulations - Small animals. The raising, keeping, breeding or fee boarding of small animals are subject to K.C.C. 11.04, Animal Control Regulations, and the following requirements: A. Small animals which are kept indoors as household pets in aquariums, terrariums, cages or similar containers shall not be limited in number, except as may be provided in Title 11. Other small animals excluding cats kept indoors as household pets shall be limited to five, of which not more than three may be unaltered cats or dogs_ Cats kept indoors shall not be limited in numbers. B. Other small animals kept outside, including adult cats and dogs, shall be limited to three per household on lots of less than 20,000 square feet, five per household on lots of 20,000 to 35,000 square feet, with an additional 2 per acre of site area over 35,000 square feet up to a maximum of 20, unless more are allowed as an accessory use pursuant to paragraph E., provided that all unaltered animals kept outdoors must be kept on a leash or in a confined area, except as authorized for a hobby kennel or cattery or commercial kennel or cattery pursuant to K.C.C. 11.04, C. Excluding kennels and catteries, the total number of unaltered adult cats and/or dogs per household shall not exceed three, D. Animals considered to be household pets shall be treated as other small animals pursuant to K.C.C. 21A.30.020E when they are kept for commercial breeding, boarding ortraining. E. Small animals and household pets kept as an accessory use outside the dwelling, shall be raised, kept or bred only as an accessory use on the premises of the owner, or in a kennel or cattery, subject to the following limitations: 1. Birds shall be kept in an aviary or loft that meets the following standards: a. The aviary or loft shall provide 1/2 square foot for each parakeet, canary or similarly sized birds, 1 square foot for each pigeon, small parrot or similarly sized bird, and 2 square feet for each large parrot, macaw or similarly sized bird. b. Aviaries or lofts shall not exceed 2,000 square feet, provided this limit shall not apply in rural, forestry, or agricultural zones. c. The aviary is set back at least 10 feet from any property line, and 20 feet from any dwelling unit. 2_ Small animals other than birds shall be kept according to the following standards: a. The minimum site area shall be one-half acre if more than 3 small animals are being kept. b. All animals shall be confined within a building, pen, aviary or similar structure. c. Any covered structure used to house or contain such animals shall maintain a distance of not less than 10 feet to any property line, except structures used to house mink and fox shall be a distance of not less than 150 feet. d. Poultry, chicken, squab, and rabbits are limited to a maximum of one animal per one square foot of structure used to house such animals, up to a maximum of 2000 square feet; provided that this maximum structure size limit shall not apply in rural, forestry, or agricultural zones. e. Hamsters, nutria and chinchilla are limited to a maximum of one animal per square foot of structure used to house such animals, up to a maximum of 2000 square feet; provided that this maximum structure size limit shall not apply in rural, forestry, or agricultural zones. f. Mink and fox are permitted only on sites having a minimum area of five acres. g. Beekeeping is limited as follows: (1) Beehives are limited to 50 on sites less than five acres; (2) The number of beehives shall not be limited on sites of five acres or greater, (3) Colonies shall be maintained in movable -frame hives at all times; (4) Adequate space shall be provided in each hive to prevent overcrowding and swarming; (King County 6-2007) 21A-273 21A.30.020 - 21A.30.040 ZONING (5) Colonies shall be requeened following any swarming or aggressive behavior; (6) All colonies shall be registered with the County Extension agent prior to April 1st of each year, on a state registration form acceptable to the county; and (7) Abandoned colonies, diseased bees, or bees living in trees, buildings, or any other space except in movable -frame hives shall constitute a public nuisance, and shall be abated as set forth in K.C.C. 21A.50, Enforcement; 3. Kennels and catteries are subject to the following requirements: a. For kennels located on residential zoned sites: (1) The minimum site area shall be five acres; and (2) Structures housing animals and outdoor animal runs shall be a minimum distance of 100 feet from property lines abutting residential zones; b. For kennels located on non-residential zoned sites, run areas shall be completely surrounded by an eight foot solid wall or fence, and be subject to the requirements in K.C.C. 11.04.060; and c. Catteries shall be on sites of 35,000 square feet or more, and buildings used to house cats shall be a minimum distance of 50 feet from property lines abutting residential zones. (Ord. 14429 § 5, 2002: Ord. 11157 § 27, 1991 Ord. 10870 § 530, 1993). 21A.30.030 Animal regulations - Livestock - Purpose. The primary purpose of sections 21A.30.040 - .075 is to support the raising and keeping of livestock in the county in a manner that minimizes the adverse impacts of livestock on the environment particularly with regard to their impacts on water quality and salmonid fisheries habitat in King County watersheds. Maintaining and enhancing the viability of fisheries, livestock -raising and farming are essential to the long-term economic vitality, recreation opportunities and quality of fife in rural and resource lands of King County. The following sections establish regulations which set livestock densities and require implementation of best management practices for minimizing non -point pollution from livestock in a manner that recognizes the need for integrated resource management within King County watersheds. They are intended to be consistent with livestock welfare; however, these concerns are more appropriately addressed through K.C_C. 11.04. (Ord. 11168 § 1, 1993). 21A.30.040 Animal regulations — livestock — densities. The raising, keeping, breeding or fee boarding of livestock are subject to K.C.C. chapter 11.04, Animal Control Regulations, and the following requirements: A. The minimum lot size on which large livestock may be kept shall be 20,000 square feet, provided that the amount of site area available for use by the livestock may be less than 20,000 square feet and provided further that the portion of the total lot area used for confinement or grazing meets the requirements of this section. B.1. The maximum number of livestock shall be as follows: a. Commercial dairy farms shall meet the requirements of chapter 90.64 RCW or a livestock management component of a farm management plan adopted in accordance with K.C.C. 21A,30,045; b. Six resident animal units per gross acre in stables, hams and other livestock operations with covered confinement areas, if no more than three animal units per gross acre are allowed to use uncovered grazing or confinement areas on a full time basis, and the standards in K.C.C, 21A.30.060 are met or a livestock management component of a farm management plan is implemented and maintained in accordance with K.C.C. 21A.30.045. Higher densities may be allowed subject to the conditional use permit process to confirm compliance with the management standards. The conditional use permit process is not required for existing operations that operate with higher densities, in accordance with K.C.C, 21A.30.060 or a livestock management component of a farm management plan is implemented for those operations; c. Three animal units per gross acre of vegetated site area, if the standards in K.C.C. 21A.30.060 are met or livestock management component of a farm management plan is implemented and maintained in accordance with K.C.C. 21A.30.045; and (King County 6-2007) 21 A-274 DEVELOPMENT STANDARDS -ANIMALS, 21A.30.040 - 21A.30.045 HOME OCCUPATION, HOME INDUSTRY d. One animal unit per two acres of vegetated area, not to exceed a total of five animal units, if the standards for storage and handling of manure in K.C.G. 21A.30.060.D. are met. 2. For purposes of this section, an animal unit consists of one adult horse or bovine, two ponies, five small livestock or equivalent thereof excluding sucklings. Miniature horses and feeder calves up to one year of age are considered small livestock. (Ord. 15051 § 213, 2004: Ord. 11168 § 2, 1993: Ord_ 11157 § 28, 1993: Ord. 10870 § 532, 1993). 21A.30.045 Animal regulations — livestock management components of farm management plans. A_ To achieve the maximum density allowances using a livestock management component of a farm management plan, the plan must meet the following criteria: 1. The plan is developed as part of a program authorized or approved by King County. Certified Washington state Department of Ecology nutrient management plans that are consistent with all of the criteria of this section may substitute for a livestock management component of a farm management plan for commercial dairy farms. Commercial dairy farms that do not have approved nutrient management plans must meet the requirements of K.C.0 21A.30.060; 2. The plan includes site -specific management measures for minimizing nonpoint pollution from agricultural activities iand for managing wetland and aquatic areas including, but not limited to: a. livestock watering; b. grazing and pasture management; c. confinement area management d, manure management; and e. exclusion of animals from aquatic areas and their buffers and wetlands and their buffers with the exception of grazed wet meadows. 3. The plan is implemented within a timeframe established in the plan and maintained so that nonpoint pollution attributable to livestock -keeping is minimized; and 4. A monitoring plan may be required as part of the livestock management component of a farm management plan to demonstrate that there is no significant impact to water quality and salmonid fisheries habitat. Monitoring results shall be available to the King County agriculture program. B. The livestock management compoent of a farm management plan shall, at a minimum: 1. Generally seek to achieve a twenty -five-foot buffer of diverse, mature vegetation between grazing areas and the ordinary high water mark of all type S and F aquatic areas and the wetland edge of any category I, II or Ill wetland with the exception of grazed wet meadows, using buffer averaging where necessary to accommodate existing structures. The livestock management component of a farm management plans may vary the width of the buffer of an aquatic area or wetland, and the time and duration of animal exclusion throughout the year, according to guidlines agreed upon by King County and the King Conservation District. The guidelines may support a different buffer width based on both the nature of the farm oepration and the function and sensitivity of the aquatic area or wetland. The plan must include best management practices that avoid having manure accumulate in or within ten feet of type N or O waters. Forested lands being cleared for grazing areas shall comply with the critical area buffers in K.C.C. chapter 21 A.24; 2. Assure that drainage ditches on the site do not channel animal waste to aquatic areas and wetlands; 3. Achieve an additional twenty -foot buffer downslope of any confinement areas within two hundred feet of type S and F waters. This requirement may be waived for existing confinement areas on lots of two and one-half acres or less in size if: a. a minimum buffer of twenty-five feet of diverse, mature vegetation is achieved; b. manure within the confinement area is removed daily during the winter season from October 15 to April 15, and stored in accordance with K.C.C. 21A.30.060.D; and c. additional best management practices, as recommended by the King Conservation District, are implemented and maintained; and 4. Include a schedule for implementation. (King County 6-2006) 21 A---275 21A.30.045 - 21A,M060 ZONING C. Any deviation from the manure management standards must be addressed in a livestock management component of a farm management plan. D_ A copy of the final plans shall be submitted to the department of natural resources and parks within sixty days of completion. E. The completed farm management plan may be appealed to the hearing examiner in accordance with K.C.C. 20.24.080. The appeal must be filed within thirty days of submitting the farm management plan [with the] department of natural resources and parks under subsection D. of this section. Appeals may be filed only by the property owner or four members of the King County agriculture commission. Any farm management plan not appealed shall constitute primae facie evidence of compliance with the regulatory provisions of K.C.C. 9.12.035. (Ord. 15051 § 214, 2004: Ord. 14199 § 235, 2001: Ord. 11168 § 3, 1993). 21A.30.060 Animal regulations ---- livestock management standards. Property owners with farms containing either large livestock at densities greater than one animal unit per two acres, or small livestock at densities greater than five animals per acre, or both, are not required to follow an livestock management plan if the owners adhere to the management standards in subsections A. through G. of this section. This section applies only if farm practices do not result in violation of any federal, state or local water quality standards. A_ To minimize livestock access to aquatic areas, property owners shall utilize the following livestock watering options' 1. The preferred option, which is a domestic water supply, stock watering pond, roof runoff collection system, or approved pumped supply from the aquatic areas so that livestock are not required to enter aquatic areas for their water supply. 2. Livestock access to type S and F waters, including their buffers shall be limited to crossing and watering points that have been addressed by a crossing or watering point plan designed to Natural Resource Conservation Services or King Conservation District specifications that prevent free access along the length of the aquatic areas. a. Fencing shall be used as necessary to prevent livestock access to sype S and F waters. b. Bridges may be used, in accordance with K,C.C. chapter 21A24, in lieu of crossings. Piers and abutments shall not be placed within the ordinary high water mark or top -of -bank, whichever is greater. Bridges shall be designed to allow free flow of flood waters and shall not diminish flood carrying capacity. These bridges may be placed without a county building permit, but the permit waiver shall not constitute any assumption of liability by the county with regard to such bridge or its placement. The waiver of county building permit requirements does not constitute a waiver from other required agency permits. B. Existing grazing areas not addressed by K.C.C. chapter 21A.24 shall maintain a vegetative buffer of fifty feet from the wetland edge of a category I, II or III wetland, except those wetlands meeting the definition of grazed wet meadows, or the ordinary high water mark of a sype S or F water. 2. Forested lands being cleared for grazing areas shall comply with critical area buffers in K.C.C. chapter 21A24_ 3. The grazing area buffer may be reduced to twenty-five feet where a twenty -five-foot buffer of diverse, mature vegetation already exists. This buffer reduction may not be used when forested lands are being cleared for grazing areas. 4. Fencing shall be used to establish and maintain the buffer unless the buffer is otherwise impenetrable to livestock_ 5. Fencing installed in accordance with the 1990 Sensitive Area Ordinance before February 14, 1994, at setbacks other than those specified in subsection B.I. and 2. of this section shall be deemed to constitute compliance with those requirements. 6. Grazing areas within two hundred feet of a type S or F water or category I, II or III wetland shall not be plowed during the rainy season from October 1 through April 30. 7. Grazing areas may extend to the property line, provided that type S or F waters and category I, II and III wetlands adjacent to the property line are buffered in accordance with subsection B.1., 2_ or 3. of this section. (King County 6-2006) 21 A-276 DEVELOPMENT STANDARDS - ANIMALS, 21A.30.060 HOME OCCUPATION, HOME INDUSTRY 0.1, In addition to the buffers in subsection B.I. and 2. of this section, confinement areas located within two hundred feet of anytype S or F waters or category I, II or III, wetlands with the exception of grazed wet meadows shall: a, have a twenty -foot -wide vegetative filter strip downhill from the confinement area, consisting of heavy grasses or other ground cover with high stem density and that may also include tree cover; b. not be located in the buffer of any sype S or F water or any wetland buffer required by the critical areas ordinance in effect at the time the confinement area is built, or within fifty feet of the wetland edge of any category I, II or III wetland or the ordinary high water mark of any type S or F water. Fencing shall be used to establish and maintain the buffer except where existing natural vegetation is sufficient to exclude livestock from the buffer. Existing confinement areas that do not meet these requirements shall be modified as necessary to provide the buffers specified in this section within five years of January 1, 2005, though the footprint of existing buildings need not be so modified; and c, have roof drains of any buildings in the confinement area diverted away from the confinement area. 2. Confinement areas may extend to the property line, if aquatic areas and wetlands adjacent to the property line are buffered in accordance with K.C.C. this subsection C. of this section. D.1. Manure storage areas shall be managed as follows: a. Surface flows and roof runoff shall be diverted away from manure storage areas; b. All manure stockpiled within two hundred feet uphill of any the ordinary high water mark of a type S or F water or the edge of a category I, II or III wetland shall either be covered in a manner that excludes precipitation and allows free flow of air to minimize fire danger or be placed in an uncovered concrete bunker or manure lagoon or held for pickup in a dumpster, vehicle or other facility designed to prevent leachate from reaching any aquatic area or wetland. Concrete bunkers shall be monitored quarterly for the first two years after installation, then annually unless problems were identified in the first two years, in which case quarterly monitoring shall continue and appropriate adjustments shall be made; c. Manure shall nto be stored in any aquatic area buffer or wetland buffer, with the exception of grazed or tilled wet meadows unless there is no other alternative on the property. Manure shall be stored in a location that avoids having runoff from the manure enter aquatic areas or wetlands. Manure piles shall not be closer than one hundred feet uphill from: (1) any wetland edg excluding grazed or tilled wet meadows; (2) the ordinary high water mark of any aquatic area; or (3) any ditch to which the topography would generally direct runoff from the manure; and d. The location may be reduced to no closer than fifty fieet if the manure pile is part of an active compost system that is located on an impervious surface to prevent contact with the soil and includes a leachate containment system_ 2. Manure shall be spread on fields only during the growing season, and not on saturated or frozen fields. E. For purposes of this section, "buffer maintenance" means allowing vegetation in the buffer that provides shade for the aquatic area or acts as a filter for storm water entering the aquatic area, other than noxious weeds, to grow to its mature height, though grasses in the buffer may be mowed but not grazed_ Grading in the buffer is allowed only for establishment of watering and crossing points, or for other activities permitted in accordance with K.C.C. chapter 21A.24, with the appropriate permits. F_ Properties that have existing fencing already installed at distances other than those specified in these standards, and for which livestock management farm plans have been developed based on the existing fencing locations, shall be deemed to be in compliance with the fencing requirements of these standards. Properties with or without a livestock management component of a farm management plan that complied with the fencing requirements in effect before January 1, 2005, shall have five years from January 1, 2005, to meet the fencing requirements for aquatic areas that were exempt from fencing under ordinances in effect before January 1, 2005. G. Buffer areas shall not be subject to public access, use or dedication by reason of the establishment of such buffers. (Ord. 15051 § 215, 2004: Ord. 12786 § 4, 1997: Ord. 11168 § 4, 1993: Ord. 10870 § 534, 1993). (King County 6-2006) 21 A-277 21A.30.062 - 21A.30.064 ZONING 21A.30.062 Animal regulations -livestock -building requirements. A. In residential zones, fee boarding of livestock other than in a legally established stable shall only be as an accessory use to a resident on the subject property. B_ A barn or stable may contain a caretaker's accessory living quarters under the following conditions: 1. Only one accessory living quarter per primary detached dwelling unit, except in the F zone which prohibits accessory living quarters; 2. The accessory living quarter shall not exceed five hundred square feet, and 3. The structure must be constructed in conformance with the State Building Code; and C. A barn or stable may contain a caretaker's accessory dwelling unit as allowed pursuant to this provisions of this Title relating to accessory dwelling units. (Ord. 14045 § 55, 2001: Ord. 12786 § 5, 1997: Ord. 11168 § 5, 1993). 21A.30.064 Animal regulations - livestock - livestock regulation implementation and monitoring - agriculture commission livestock committee. A. in order to evaluate the effectiveness of county livestock regulations, the King County agriculture commission shall appoint an Agriculture Commission Livestock Committee to evaluate emerging livestock husbandry issues to recommend appropriate policies, regulations and support programs. B. The King County agriculture commission shall: 1. Evaluate the effectiveness of farm management plans and management standards, including but not limited to the need for implementation assistance funding, education and monitoring, as provided for in this section; 2. Review the recommendations of the livestock committee and the livestock interdisciplinary team when formulating proposals to ensure that goals of this legislation are being met; 3. Provide a link between government experts and the livestock owners who must implement this legislation; 4. Certify the use of experts to prepare farm management plans, if a property owner chooses not to work with the King Conservation District; and 5. Provide recommendations and guidance as necessary to the King County agriculture commission on livestock issues in regards to duties assigned to the Agriculture Commission. C. The livestock committee may make recommendations to the King County agriculture commission regarding the need for additional funding mechanisms to support implementation of livestock management practices, and livestock waste management solutions. D. King County shall utilize as high a percentage of any funds available as possible to provide cost -sharing assistance to farmers in implementation of farm management plans (per K.C.C. 21A.30.050). Assistance to farmers should be allocated to encourage early implementation, by providing greater support to farmers who participate in the first years of the program, and less support in the out years. If follow-up monitoring or a complaint indicates that enforcement procedures are required, and it is determined that farm management plans have not been implemented, funding will be withdrawn and repayment required- E. Monitoring is a critical element in the evaluation of the effectiveness of farm management practices in minimizing non -point pollution in streams and wetlands. As such, the department of natural resources and parks shall develop and implement a management practice monitoring strategy to identify emerging trends and implementation issues- F. King County shall utilize a percentage of any funds raised by one of the mechanisms developed pursuant to this section to monitor farm management plans and management standards, to provide information regarding the efficacy of the management measures being implemented_ This information shall be used to demonstrate the value of such plans to other farmers, and shall be reported to the King County agriculture commission, for use in development of improved standards for the livestock density legislation. (Ord. 14199 § 236, 2001: Ord. 11168 § 6-8, 1993), (King County 6-2006) 21 A-278 DEVELOPMENT STANDARDS -ANIMALS, 21A.30.066 - 21A.30.070 HOME OCCUPATION, HOME INDUSTRY 21A.30.066 Animal regulations - Livestock - Education and enforcement. A. Education. Enforcement of these livestock standards shall initially emphasize achieving compliance with the standards as the primary objective, rather than the collection of fines or penalties. Fines or penalties are appropriate when a property owner or livestock operator has been advised of necessary corrective actions, and has not made those corrections. Where violations of the standards do occur, and such violations are directly linked to identified hazards or the discharge of prohibited contaminants, as enumerated in K.C.C. 9.12.025, code enforcement must emphasize immediate correction of the practices resulting in the hazard or prohibited discharge. B. Both the property owner and any renter or lessee of the property, hereinafter referred to "livestock operator," shall be held responsible for compliance with these standards. C. Primae facie evidence. Establishment and adherence to a farm management plan as allowed by K.C.C. 21A.30.050 or the management standards provided by K.C.C. 21A.30.060 shall be prima facie proof of compliance with the regulatory provisions of K.C.C. 9.12.035. D. Violations of specific standards. The department of development and environmental services shall be responsible for enforcement of the standards set out in this chapter. The surface water management division shall be responsible for enforcement of water quality violations pursuant to K.C.C. Chapter 9.12 for prohibited discharges and hazards. if a specific standard identified in this chapter is not being adhered to, the operator and owner shall be given notice of non-compliance. The notice shall specify what actions must be taken to bring the property into compliance. The operator and owner shall be given 45 days in which to adhere to the management standards of K.C.C. 21A.30,060, or establish a farm management plan pursuant to K.C.C. 21A.30.050 as the owner and/or livestock operator may elect for the purpose of compliance. Should the owner and/or livestock operator fail to bring the property into compliance with the standards, the county, after notice, may commence abatement proceedings and impose civil fines 30 days thereafter, to the extent necessary for compliance. Thereafter, upon exhaustion of any appeals, failure of the operator and owner to comply with any continuing order to abate, the operator and owner shall be subject to civil and criminal penalties, and other procedures, as set forth in this title and K.C.C. Title 23 Enforcement. (Ord. 11168 § 9, 1993). 21A.30.067 Livestock management - Information. Within 180 days of adoption of Ordinance 11168, King County shall publish and distribute information packets to all affected property owners, describing the ordinance in detail. In particular, the information packets shall outline what will be expected of King County residents who maintain livestock, including timelines, funding sources, and phone numbers and addresses of resource agencies. (Ord. 11168 § 10, 1993). 21A.30.068 Livestock management - waste disposal. Within 180 days of adoption of this ordinance, the solid waste division shall develop a pilot program to investigate potential markets for livestock waste from both commercial and non-commercial operations including, but not limited to, as a replacement to chemical fertilizers in King County parks (flowerbeds and fields); for use in commercial silviculture and nursery operations; for use on private property (similar to Woodland Park Zoo's "Zoodoo" program); and for use in publicly or privately operated composting stations. (Ord. 11168 § 11, 1993). 21A.30.070 Existing livestock operations. All existing livestock operations shall either implement a farm management plan or meet the management standards in K.C.C. 21A.30.060, within five years of the adoption date of this title: existing buildings are exempt from this provision. State standards for fecal coliform, turbidity, and nutrients must be met within five years from the date of adoption of this ordinance. The metropolitan services department/water quality division shall monitor stream systems for progress in meeting this goal, and report annually to the council. (Ord. 11168 § 13, 1993: Ord. 10870 § 535, 1993). (King County 12-2006) 21 A-279 21A.30.075 - 21A.30.080 ZONING 21A.30.075 Livestock interdisciplinary team. In order to ensure that livestock standards and management plans are customized as much as possible to the stream conditions in each of the various streams, the King County agriculture commission will, in cooperation with the Washington State Department of Fisheries and the Muckleshoot Indian Tribe, the Snoqualmie Indian Tribe, and other affected Indian tribes, establish a livestock interdisciplinary team consisting of three members, with expertise in fisheries, water quality and animal husbandry, to make specific recommendations to the Conservation District and livestock owners adjacent to the streams with regard to buffer needs throughout the parts of each stream which have livestock operations adjoining such streams. The team shall take into account the recommendations of the adopted Basin Plans and WRIA recommendations, and shall work with the department of natural resources and parks to develop the recommendations. The findings of the interdisciplinary team shall be reported to the King County agriculture commission, which shall assist in the dissemination of the recommendations to owners in the basin. The team shall work initially on those stream systems in which specific problems have been identified and are believed to be livestock related: (Ord_ 14199 § 237, 2001: Ord_ 11168 § 14, 1993). 21A.30.080 Home occupation in the R and UR zones. In the R and UR zones, residents of a dwelling unit may conduct one or more home occupations as accessory activities, only if: A. The total area devoted to all home occupations shall not exceed twenty percent of the floor area of the dwelling unit. Areas within garages and storage buildings shall not be considered part of the dwelling unit and may be used for activities associated with the home occupation; B. All the activities of the home occupation or occupations shall be conducted indoors, except for those related to growing or storing of plants used by the home occupation or occupations; C. A home occupation or occupations is not limited in the number of employees that remain off -site. No more than one nonresident employee shall be permitted to work on -site for the home occupation or occupations; D. The following activities are prohibited: 1. Automobile, truck and heavy equipment repair; 2. Autobody work or painting; 3. Parking and storage of heavy equipment; and 4. Storage of building materials for use on other properties; E. In addition to required parking for the dwelling unit, on -site parking is provided as follows: 1. One stall for each nonresident employed by the home occupations; and 2. One stall for patrons when services are rendered on -site; F. Sales are limited to: 1. Mail order sales; 2. Telephone, Internet or other electronic commerce sales with off -site delivery, and 3. Items accessory to a service provided to patrons who receive services on the premises; G. On -site services to patrons are arranged by appointment; H. The home occupation or occupations use or store a vehicle for pickup of materials used by the home occupation or occupations or the distribution of products from the site, only if: 1. No more than one such a vehicle is allowed; and 2. The vehicle is not stored within any required setback areas of the lot or on adjacent streets; and 3. The vehicle does not exceed an equivalent licensed gross vehicle weight of one ton; I. The home occupation or occupations do not use electrical or mechanical equipment that results in: 1. A change to the occupancy type of the structure or structures used for the home occupation or occupations; 2. Visual or audible interference in radio or television receivers, or electronic equipment located off - premises; or 3_ Fluctuations in line voltage off -premises; and J_ Uses not allowed as home occupations may be allowed as a home industry under K.C.C_ chapter 21A.30. (Ord. 15606 § 19, 2006: Ord. 15032 § 37, 2004: Ord. 11621 § 93, 1994: Ord. 10870 § 536, 1993). (King County 12-2006) 21 A-280 DEVELOPMENT STANDARDS -ANIMALS, 21A.30.085 HOME OCCUPATION, HOME INDUSTRY 21A.30.085 Home occupations in the A, F and RA zones. In the A, F and RA zones, residents of a dwelling unit may conduct one or more home occupations as accessory activities, under the following provisions: A. The total floor area devoted to all home occupations shall not exceed twenty percent of the dwelling unit. Areas within garages and storage buildings shall not be considered part of the dwelling unit and may be used for activities associated with the home occupation; B. Total outdoor area of all home occupations shall be permitted as follows: 1. For any lot less than one acre: Four hundred forty square feet; and 2. For lots one acre or greater: One percent of the area of the lot, up to a maximum of five thousand square feet. G. Outdoor storage areas and parking areas related to home occupations shall be: 1. No less than twenty-five feet from any property line; and 2. Screened along the portions of such areas that can be seen from an adjacent parcel or roadway by the: a, planting of Type II landscape buffering; or b, use of existing vegetation which meets or can be augmented with additional plantings to meet the intent of Type II landscaping. D. A home occupation or occupations is not limited in the number of employees that remain off -site. Regardless of the number of home occupations, the number of nonresident employees is limited to no more than three who work on -site and no more than three who report to the site but primarily provide services off - site. E. In addition to activities allowed as home occupations by K.C.C. 21A.30.080, the following activities are permitted: 1. Automobile, truck and heavy equipment repair; 2. Autobody work or painting; 3. Parking and storage of heavy equipment; and 4. Storage of building materials for use on other properties; F. In addition to required parking for the dwelling unit, on -site parking is provided as follows: 1. One stall for each nonresident employed on -site; and 2. One stall for patrons when services are rendered on -site; G. Sales are limited to: 1. Mail order sales; 2. Telephone, Internet or other electronic commerce sales with off -site delivery; 3. Items accessory to a service provided to patrons who receive services on the premises; and 4. Items grown, produced or fabricated on -site; H. The home occupation or occupations do not use electrical or mechanical equipment that results in: 1. A change to the occupancy type of the structure or structures used for the home occupation or occupations; 2. Visual or audible interference in radio or television receivers, or electronic equipment located off - premises; or 3. Fluctuations in line voltage off -premises; L Uses not allowed as home occupation may be allowed as a home industry under K.C.C. chapter 21A.30; and Jf The home occupation or occupations may use or store vehicles, as follows: 1. The total number of vehicles for all home occupations shall be: a. for any lot five acres or less: two; b. for lots greater than five acres: three; and c. for lots greater than ten acres: four; 2, The vehicles are not stored within any required setback areas of the lot or on adjacent streets; and 3. The parking area for the vehicles shall not be considered part of the outdoor storage area provided for in subsection C. of this section. (Ord. 15606 § 20, 2006). (King County 12-2006) 21 A-281 21A.30.090 - 21A.30.200 ZONING 21A.30.090 Home industry. A resident may establish a home industry as an accessory activity, as follows: A. The site area is one acre or greater; B, The area of the home industry does not exceed fifty percent of the floor area of the dwelling unit. Areas within attached garages and storage buildings shall not be considered part of the dwelling unit for purposes of calculating allowable home industry area but may be used for storage of goods associated with the home industry; C. No more than four nonresidents who come to the site of the home industry are employed in the home industry; D. In addition to required parking for the dwelling unit, on -site parking is provided as follows: 1. One stall for each non-resident employee of the home industry; and 2. One stall for customer parking; E. Additional customer parking shall be calculated for areas devoted to the home industry at the rate of one stall per: 1. One thousand square feet of building floor area; and 2. Two thousand square feet of outdoor work or storage area; F. Sales are limited to items produced on -site, except for items collected, traded and occasionally sold by hobbyists, such as coins, stamps, and antiques; G. Ten feet of Type I landscaping are provided around portions of parking and outside storage areas that are otherwise visible from adjacent properties or public rights -of -way; and H. The department ensures compatibility of the home industry by: 1. Limiting the type and size of equipment used by the home industry to those that are compatible with the surrounding neighborhood; 2. Providing for setbacks or screening as needed to protect adjacent residential properties; 3. Specifying hours of operation; 4. Determining acceptable levels of outdoor lighting; and 5. Requiring sound level tests for activities determined to produce sound levels that may be in excess of those in K.C.C. chapter 12.88. (Ord_ 15606 § 21, 2006: Ord_ 10870 § 537, 1993). 21A.30.200 5everability. If any provision of this section or its application to any person or circumstance is held invalid, the remainder of the section or the application of the provision to other persons or circumstances is not affected. (Ord. 11168 § 12, 1993). (King County 12-2006) 21 A-282 t� a m a w N GENERAL PROVISIONS - NONCONFORMANCE, 21A_32 TEMPORARY USES, AND RE -USE OF FACILITIES Chapter 21A.32 GENERAL PROVISIONS - NONCONFORMANCE, TEMPORARY USES, AND RE -USE OF FACILITIES Sections: 21A.32.010 Purpose. 21A.32.020 Nonconformance - Applicability. 21A.32.025 Nonconformance - Creation, continuation, and forfeiture of nonconformance status. 21A.32,040 Nonconformance - Abatement of illegal use, structure or development_ 21A.32.045 Nonconformance - Re-establishment of discontinued nonconforming use, or damaged or destroyed nonconforming structure or site improvement. 21A.32.055 Nonconformance - modifications to nonconforming use, structure or site improvement_ 21A.32.065 Nonconformance - expansions of nonconforming uses, structures, or site improvements. 21 A.32.075 Nonconformance - Required findings. 21A.32.085 Nonconformance - Residences. 21A.32.100 Temporary use permits - Uses requiring permits. 21A.32.110 Temporary use permits - Exemptions to permit requirement. 21A,32.120 Temporary use permits - duration and frequency. 21A.32.130 Temporary use permits - Parking. 21A,32.140 Temporary use permits - Traffic control. 21A.32,145 Homeless encampments - prohibited. (Effective January 1, 2015, and thereafter.) 21A.32.150 Temporary construction buildings. 21A.32.160 Temporary construction residence. 21A.32.170 Temporary mobile home for medical hardship. 21A.32.180 Temporary real estate offices. 21A.32.190 Temporary school facilities_ 21A.32.200 Re -use of facilities - General standards. 21A.32.210 Re -use of facilities - Re-establishment of closed public school facilities. 21A.32.220 Re -use of facilities - Standards for conversion of historic buildings_ 21A.32.230 Public nuisance - prohibited activities. (King County 12-2006) 21 A-283 21A--284 GENERAL PROVISIONS - NONCONFORMANCE, 21A.32.010 - 21A.32.055 TEMPORARY USES, AND RE -USE OF FACILITIES 21A.32.010 Purpose. The purposes of this chapter are to: A. Establish the legal status of a nonconformance by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated; B. Provide for the temporary establishment of uses that are not otherwise permitted in a zone and to regulate such uses by their scope and period of use; and C. Encourage the adaptive re -use of existing public facilities which will continue to serve the community, and to ensure public review of redevelopment plans by allowing: 1. Temporary re -use of closed public school facilities retained in school district ownership, and the reconversion of a temporary re -use back to a school use; 2. Permanent reuse of surplus nonresidential facilities (e.g. schools, fire stations, government facilities) not retained in school district ownership; or 3. Permanent re -use of historic structures listed on the National Register or designated as county landmarks. (Ord. 10870 § 538, 1993). 21A.32.020 Nonconformance -Applicability. A. With the exception of nonconforming extractive operations identified in K.C.C. 21A22, all nonconformances shall be subject to the provisions of this chapter. B. The provisions of this chapter do not supersede or relieve a property owner from compliance with: 1. The requirements of the Uniform Building and Fire Codes; or 2. The provisions of this code beyond the specific nonconformance addressed by this chapter. (Ord. 10870 § 539, 1993). 21A.32.025 Nonconformance - Creation, continuation, and forfeiture of nonconformance status. Once created pursuant to K.C.C. 21A.06.800, a nonconformance may be continued in a manner consistent with the provisions of this chapter. However, nonconformance status is forfeited if the nonconformance is discontinued beyond the provisions of K.C.C. 21A.32.045. Once nonconformance status is forfeited, the nonconformance shall not be re-established. (Ord. 13130 § 2, 1998). 21A.32.040 Nonconformance - Abatement of illegal use, structure or development. Any use, structure or other site improvement not established in compliance with use and development standards in effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to removal pursuant to the provisions of K.C.C. Title 23. (Ord. 10870 § 541, 1993). 21A.32.045 Nonconformance - Re-establishment of discontinued nonconforming, use, or damaged or destroyed nonconforming structure or site improvement. A nonconforming use which has been discontinued or a nonconforming structure or site improvement which has been damaged or destroyed, may be re-established or reconstructed if: A. The nonconforming use, structure, or site improvement which previously existed is not expanded; B. A new nonconformance is not created; and C. The use has not been discontinued for more than twelve months prior to its re-establishment, or the nonconforming structure or site improvement is reconstructed pursuant to a complete permit application submitted to the department within twelve months of the occurrence of damage or destruction. (Ord. 13130 § 3, 1998). 21A.32.055 Nonconformance - modifications to nonconforming use, structure or site improvement. Modifications to a nonconforming use, structure or site improvement may be reviewed and approved by the department pursuant to the code compliance review process of K.C.C. 21A.42.030 provided that: A. The modification does not expand any existing nonconformance; and B. The modification does not create a new type of nonconformance. (Ord. 15606 § 22, 2006: Ord. 13130 § 4, 1998). (King County 12-2006) 21 A-285 21A.32.065 - 21A.32.110 ZONING 21A.32.065 Nonconformance - expansions of nonconforming uses, structures, or site improvements. A nonconforming use, structure, or site improvement may be expanded as follows: A. The department may review and approve, pursuant to the code compliance process of K.C.C. 21A.42.030, an expansion of a nonconformance only if: 1. The expansion conforms to all other provisions of this title, except that the extent of the project -wide nonconformance in each of the following may be increased up to ten percent: a. building square footage, b. impervious surface, c. parking, or d. building height; and 2. No subsequent expansion of the same nonconformance shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection A.1; B. A special use permit shall be required for expansions of a nonconformance within a development authorized by an existing special use or unclassified use permit if the expansions are not consistent with subsection A. of this section; C. A conditional use permit shall be required for expansions of a nonconformance: 1. Within a development authorized by an existing planned unit development approval; or 2. Not consistent with the provisions of subsections A. and B. of this section; and D. No expansion shall be approved that would allow for urban growth outside the urban growth area, in conflict with King County Comprehensive Plan rural and natural resource policies and constitute impermissible urban growth outside an urban growth area. (Ord. 15606 § 23, 2006: Ord. 13130 § 5, 1998). 21A.32.075 Nonconformance - Required findings. Modifications or expansions approved by the department shall be based on written findings that the proposed. - Modification or expansion of a nonconformance located within a development governed by an existing conditional use permit, special use permit, unclassified use permit, or planned unit development shall provide the same level of protection for and compatibility with adjacent land uses as the original land use permit approval. (Ord. 13130 § 6, 1998). 21A.32.085 Nonconformance - Residences. Any residence nonconforming relative to use may be expanded, after review and approval through the code compliance process set forth in K.C.C. 21A.42.010, subject to all other applicable codes besides those set forth in this chapter for nonconformances_ (Ord_ 13130 § 12, 1998), 21A.32.100 Temporary use permits - Uses requiring permits. Except as provided by K.C.C_ 21A.32.110, a temporary use permit shall be required for: A. Uses not otherwise permitted in the zone that can be made compatible for periods of limited duration and/or frequency; or B. Limited expansion of any use that is otherwise allowed in the zone but which exceeds the intended scope of the original land use approval. (Ord. 10870 § 547, 1993). 21A.32.110 Temporary use permits - Exemptions to permit requirement. A. The following uses shall be exempt from requirements for a temporary use permit when located in the RB, CB, NB, O, or I zones for the time period specified below: 1. Uses not to exceed a total of thirty days each calendar year: a. Christmas tree lots; b. Fireworks stands; and c. Produce stands. 2. Uses not to exceed a total of fourteen days each calendar year: a. Amusement rides, carnivals, or circuses; b. Community festivals; and c. Parking lot sales. (King County 12-2006) 21 A-286 GENERAL PROVISIONS - NONCONFORMANCE, 21A.32,110 - 21A.32.160 TEMPORARY USES, AND RE -USE OF FACILITIES B. Any use not exceeding a cumulative total of two days each calendar year shall be exempt from requirements for a temporary use permit. C. Any community event held in a park and not exceeding a period of seven days shall be exempt from requirements for a temporary use permit. D. Christmas tree sales not exceeding a total of 30 days each calendar year when located on Rural Area (RA) zoned property with legally established non-residential uses shall be exempt from requirements for a temporary use permit. (Ord. 13022 § 29, 1998: Ord. 12893 § 1, 1997: Ord. 10870 § 548, 1993). 21A.32.120 Temporary use permits - duration and frequency. Except as otherwise provided in this chapter or in K.C.C. chapter 21A.45, temporary use permits shall be limited in duration and frequency as follows; A. The temporary use permit shall be effective for no more than one hundred eighty days from the date of the first event; B. The temporary use shall not exceed a total of sixty days_ This requirement applies only to the days that the event or events actually take place. For a winery in the A or RA zones, the temporary use shall not exceed a total of two events per month and all parking for the events must be accomodated on site; C, The temporary use permit shall specify a date upon which the use shall be terminated and removed; and D. A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year, though a temporary use permit may be granted for multiple events during the approval period. (Ord. 15170 § 4, 2005: Ord. 14781 § 3, 2003: Ord. 10870 § 549, 1993). 21A.32.130 Temporary use permits - Parking. Parking and access for proposed temporary uses shall be approved by the county. (Ord. 10870 § 550, 1993). 21A.32-140 Temporary use permits - Traffic control. The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the King County department of public safety. (Ord. 10870 § 551, 1993). 21A.32.145 Homeless encampments -- prohibited. (Effective January 1, 2015, and thereafter). A homeless encampment is a prohibited use and shall not be approved through a temporary use permit. If the King County Ten Year Plan to End Homelessness ahs not been fully implemented and there is still a need for homeless encampments, the county council may through legislative action extend K.C.C. chapter 21A.45 and Ordinance 15170, Section 16_ (Ord_ 15170 § 18, 2005)_ 21A.32.150 Temporary construction buildings. Temporary structures for storage of tools and equipment, or for supervisory offices may be permitted for construction projects, provided that such structures are: A. Allowed only during periods of active construction; and B. Removed within 30 days of project completion or cessation of work. (Ord. 10870 § 552, 1993). 21A.32.160 Temporary construction residence. A. A mobile home may be permitted on a lot as a temporary dwelling for the property owner, provided a building permit for a permanent dwelling on the site has been obtained. B. The temporary mobile home permit shall be effective for a period of 12 months. The permit may be extended for one additional period of 12 months if the permanent dwelling is constructed with a finished exterior by the end of the initial approval period. C. The mobile home shall be removed within 90 days of: 1. The expiration of the temporary mobile home permit; or 2_ The issuance of a certificate of occupancy for the permanent residence, whichever occurs first_ (Ord. 10870 § 553, 1993). (King County 6-2006) 21 A-287 21A.32.170 - 21A.32.210 ZONING 21A.32.170 Temporary mobile home for medical hardship. A. A mobile home may be permitted as a temporary dwelling on the same lot as a permanent dwelling, provided: 1. The mobile home together with the permanent residence shall meet the setback, height, building footprint, and lot coverage provisions of the applicable zone; and 2. The applicant submits with the permit application a notarized affidavit that contains the following: a. Certification that the temporary dwelling is necessary to provide daily care, as defined in K.C.C. 21 A.06; b. Certification that the primary provider of such daily care will reside on -site; c. Certification that the applicant understands the temporary nature of the permit, subject to the limitations outlined in subsections B and C of this section; d. Certification that the physician's signature is both current and valid; and e, Certification signed by a physician that a resident of the subject property requires daily care, as defined in K.C.C. 21A.06. B. Temporary mobile home permits for medical hardships shall be effective for 12 months. Extensions of the temporary mobile home permit may be approved in 12-month increments subject to demonstration of continuing medical hardship in accordance with the procedures and standards set forth in subsection A of this section. C. The mobile home shall be removed within 90 days of: 1, The expiration of the temporary mobile home permit; or 2. The cessation of provision of daily care_ (Ord. 12523 § 4, 1996. Ord. 10870 § 554, 1993). 21A.32.180 Temporary real estate offices. One temporary real estate office may be located on any new residential development, provided that activities are limited to the initial sale or rental of property or units within the development. The office use shall be discontinued within one year of recording of a short subdivision or issuance of a final certificate of occupancy for an apartment development, and within two years of the recording of a formal subdivision. (Ord. 13095 § 1, 1998: Ord_ 10870 § 555, 1993). 21A.32.190 Temporary school facilities. Temporary school structures may be permitted during construction of new school facilities or during remodeling of existing facilities, provided that such structures are: A. Allowed only during periods of active construction or remodeling; B. Do not expand the student capacity beyond the capacity under construction or remodeling; and C. Removed within 30 days of project completion or cessation of work. (Ord. 10870 § 556, 1993). 21A.32.200 Re -use of facilities - General standards. The interim or permanent re -use of surplus nonresidential facilities in residential zoned areas shall require that no more than 50 percent of the original floor area be demolished for either permanent or interim re -use of facilities. (Ord. 11621 § 94, 1994: Ord_ 10870 § 557, 1993). 21A.32.210 Re -use of facilities - Re-establishment of closed public school facilities. The re-establishment or reconversion of an interim nonschool use of school facilities back to school uses shall require a site plan and the issuance of a change of use permit pursuant to K.C.C. 16.04. (Ord. 10870 § 558, 1993). (King County 6-2006) 21 A-288 GENERAL PROVISIONS - NONCONFORMANCE, 21A.32.220 - 21A.32.230 TEMPORARY USES, AND RE -USE OF FACILITIES 21A.32.220 Re -use of facilities - Standards for conversion of historic buildings. In order to insure that significant features of the property are protected pursuant to K.C.C. 20.62, the following standards shall apply to conversion of historic buildings: A_ Gross floor area of building additions or new buildings required for the conversion shall not exceed 20 percent of the gross floor area of the historic building, unless allowed by the zone; B. Conversions to apartments shall not exceed one dwelling unit for each 3,600 square feet of lot area, unless allowed by the zone; and C. Any construction required for the conversion shall require certification of appropriateness from the King County Landmark Commission. (Ord_ 10870 § 559, 1993). 21A.32.230 Public nuisance - Prohibited activities. It is unlawful for any person to keep, maintain or deposit on any property in the county a public nuisance including, but not limited to, the following: A_ Open storage of rubbish or junk including, but not limited to, refuse, garbage, scrap metal or lumber, concrete, asphalt, tin cans, tires and piles of earth, not including compost bins. B. Combustible material likely to become easily ignited or debris resulting from any fire and which constitutes a fire hazard, as defined in the Uniform Fire Code as adopted by the county pursuant to K.C.C. 17.04.010. C. Abandoned vehicles, wrecked, dismantled or inoperative vehicles or remnant parts thereof except as provided in K.C.C. 23.10.040. (Ord. 12024 § 12, 1995). (King County 6-2006) 21 A-289 I1..a 1 z 1 A--2s0 C) 2 a -� m 7� N w GENERAL_ PROVISIONS - RESIDENTIAL DENSITY INCENTIVES 21A.34 Chapter 21A.34 GENERAL PROVISIONS - RESIDENTIAL DENSITY INCENTIVES Section: 21A.34.010 Purpose. 21A.34.020 Permitted locations of residential density incentives. 21A.34.030 Maximum densities permitted through residential density incentive review. 21A.34.040 Public benefits and density incentives. 21A.34.050 Rules for calculating total permitted dwelling units, 21A.34.060 Review process. 21A.34.070 Minor adjustments in final site plans. 21A.34.080 Applicability of development standards. (King County 6-2006) 21 A-291 BLANK 21 A-292 GENERAL PROVISIONS - RESIDENTIAL DENSITY INCENTIVES 21A.34.010 - 21A.34.040 21A.34.010 Purpose. The purpose of this chapter is to provide density incentives to developers of residential lands in urban areas and rural activity centers, in exchange for public benefits to help achieve Comprehensive Plan goals of affordable housing, open space protection, historic preservation and energy conservation, by: A. Defining in quantified terms the public benefits that can be used to earn density incentives,- B. Providing rules and formulae for computing density incentives earned by each benefit; C. Providing a method to realize the development potential of sites containing unique features of size, topography, environmental features or shape; and D. Providing a review process to allow evaluation of proposed density increases and the public benefits offered to earn them, and to give the public opportunities to review and comment. (Ord. 10870 § 560, 1993). 21A.34.020 Permitted locations of residential density incentives. Residential density incentives (RDI) shall be used only on sites served by public sewers and only in the following zones: A. In R-4 through R-48 zones; and B. In NB, CB, RB and 0 zones when part of a mixed use development. (Ord. 10870 § 561, 1993). 21A.34.030 Maximum densities permitted through residential density incentive review. A. Except as otherwise provided in subsection B. of this section, the maximum density permitted through residential density incentive ("RDI") review shall be one -hundred fifty percent of the base density of the underlying zone of the development site. B. The maximum density permitted through RDI review shall be two hundred percent of the base density of the underlying zone of the development site for the following RDI proposals: 1. For proposals where one hundred percent of the units are affordable units;or 2. For cottage housing proposals. (Ord. 15245 § 9, 2005: Ord. 10870 § 562, 1993). 21A.34.040 Public benefits and density incentives. A. The public benefits eligible to earn increased densities, and the maximum incentive to be earned by each benefit, are in subsection F of this section. The density incentive is expressed as additional bonus dwelling unit, or fractions of dwelling units, earned per amount of public benefit provided. B. Bonus dwelling units may be earned through any combination of the listed public benefits. C. The guidelines for affordable housing bonuses including the establishment of rental levels, housing prices and asset limitations, will be updated and adopted annually by the council in the consolidated housing and community development plan. D. Bonus dwelling units may also be earned and transferred to the project site through the transfer of development rights (TDR) program established in K.C.C. chapter 21A.37, by providing any of the open space, park site or historic preservation public benefits set forth in subsection F.2. or 3. of this section on sites other than that of the RDI development. E. Residential development in R-4 through R-48 zones with property speck development standards requiring any public benefit enumerated in this chapter, shall be eligible to earn bonus dwelling units in accordance with subsection F of this section if the public benefits provided exceed the basic development standards of this title. If a development is located in a special overlay district, bonus units may be earned if the development provides public benefits exceeding corresponding standards of the special district. (King County 6-2006) 21A-293 21A.34.040 ZONING F. The following are the public benefits eligible to earn density incentives through RDI review: BENEFIT 1. AFFORDABLE HOUSING a. Benefit units consisting of rental housing permanently priced to serve nonsenior citizen low- income households (that is no greater than 30 percent of gross income for households at or below 50 percent of King County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to King County shall be recorded at final approval- b. Benefit units consisting of rental housing designed and permanently priced to serve low- income senior citizens (that is no greater than 30 percent of gross income for 1- or 2-person households, 1 member of which is 62 years of age or older, with incomes at or below 50 percent of King County median income, adjusted for household size). A covenant on the site that specifies the income level being served, rent levels and requirements for reporting to King County shall be recorded at final approval. c. Benefit units consisting of senior citizen assisted housing units 600 square feet or less, d. Benefit units consisting of moderate income housing reserved for income- and asset - qualified home buyers (total household income at or below 80 percent of King County median, adjusted for household size). Benefit units shall be limited to owner -occupied housing with prices restricted based on typical underwriting ratios and other lending standards, and with no restriction placed on resale. Final approval conditions shall specify requirements for reporting to King County on both buyer eligibility and housing prices. (King County 6-2006) 21 A---294 DENSITY INCENTIVE 1.5 bonus units per benefit unit, up to a maximum of 30 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 30 low- income units. 1.5 bonus units per benefit unit, up to a maximum of 60 low-income units per five acres of site area; projects on sites of less than five acres shall be limited to 60 low- income units. 1 bonus unit per benefit unit 0.75 bonus unit per benefit unit. GENERAL PROVISIONS - RESIDENTIAL DENSITY INCENTIVES 21A.34.040 BENEFIT DENSITY INCENTIVE e. Benefit units consisting of moderate 1 bonus unit per benefit unit. income housing reserved for income and asset - qualified home buyers (total household income at or below 80 percent of King County median, adjusted for household size). Benefit units shall be limited to owner -occupied housing with prices restricted based on typical underwriting ratios and other lending standards, and with a 15 year restriction binding prices and eligibility on resale to qualified moderate income purchasers. Final approval conditions shall specify requirements for reporting to King County on both buyer eligibility and housing prices- f. Benefit units consisting of moderate 1.5 bonus units per benefit unit. income housing reserved for income- and asset - qualified home buyers (total household income at or below 80 percent of King County median, adjusted for household size). Benefit units shall be limited to owner -occupied housing, with prices restricted to same income group, based on current underwriting ratios and other lending standards for 30 years from date of first sale. A covenant on the site that specifies the income level and other aspects of buyer eligibility, price levels and requirements for reporting to King County shall be recorded at final approval. g. Projects in which 100 percent of the units 200 percent of the base density of are reserved for moderate income - and asset- the underlying zone. Limited to parcels 5 qualified buyers (total household income at or below acres or less in size and located in the R-4 80 percent of the King County median, adjusted for through R-8 zones. Housing types in the R-4 household size). All units shall be limited to owner- or R-6 zones shall be limited to structures occupied housing with prices restricted based on containing four or less units, except for current underwriting ratios and other lending townhouses- Such RDI proposals shall not standards, and with prices restricted to same income be eligible to utilize other RDI bonus density group, for 15 years from date of first sale. Final incentives listed in this section. approval conditions shall specify requirements for reporting to King County on both buyer eligibility and housing prices. h. Benefit units consisting of mobile home 1.0 bonus unit per benefit unit. part{ space or pad reserved for the relocation of an insignia or noninsignia mobile home, that has been or will be displaced due to closure of a mobile home park located in incorporated or unincorporated King County - (King County 6-2006) 21 A-295 21A.34.040 ZONING BENEFIT 2. OPEN SPACE, TRAILS AND PARKS a. Dedication of park site or trail right-of-way meeting King County location and size standards for neighborhood, community or regional park, or trail, and accepted by the parks division. b. Improvement of dedicated park site to King County standards for developed parks. c. Improvement of dedicated trail segment to King County standards. d. Dedication of open space, meeting King County acquisition standards to the county or a qualified public or private organization such as a nature conservancy. (King County 6-2006) 21 A-296 DENSITY INCENTIVE 0.5 bonus unit per acre of park area or quarter -mile of trail exceeding the minimum requirement of K_C.C. 21A,14 for on -site recreation space or trail _corridors, computed on the number of dwelling units permitted by the site's base density. 0.75 bonus unit per acre of park improvement. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication. 1.8 bonus units per quarter mile of trail constructed to county standard for pedestrian trails; or 2.5 bonus units per quarter mile of constructed to county standard for multipurpose trails (pedestrian/ bicycle/equestrian). Shorter segments shall be awarded bonus units on a pro rata basis. If the applicant is dedicating the site of the improvements, the bonus units earned by improvements shall be added to the bonus units earned by the dedication. space. 0.5 bonus unit per acre of open GENERAL PROVISIONS - RESIDENTIAL DENSITY INCENTIVES 21A.34.040 BENEFIT 3. HISTORIC PRESERVATION a. Dedication of a site containing an historic landmark in accordance with K.C.C. chapter 20.62, to King County or a qualifying nonprofit organization capable of restoring and/or maintaining the premises to standards set by the King County landmarks commission. b. Restoration of a site or structure designated as an historic landmark in accordance with K.C.C. chapter 20.62 to a specific architectural or site plan approved by the King County landmarks commission, 4. ENERGY CONSERVATION a. Benefit units that incorporate conservation features in the construction of all on -site dwelling units heated by electricity that save at least 20 percent of space heat energy use from the maximum permitted by the Northwest Energy Code, as amended. No more than 50 percent of the required savings may result from the installation of heat pumps. None of the required savings shall be achieved by reduction of glazing area below 15 percent of floor area. Energy use shall be expressed as allowable energy load per square foot or as total transmittance (UA). b. Benefit units that incorporate conservation features in the construction of all on -site dwelling units heated by natural gas, or other nonelectric heat source, that save at least 25 percent of space heat energy use from the maximum permitted by the Northwest Energy Code, as amended. None of the required savings shall be achieved by reduction of glazing area below 15 percent of floor area. Energy use shall be expressed as allowable energy load per square foot or as total transmittance (ILIA). c. Developments located within 1/4 mile of transit routes served on at least a half-hourly basis during the peak hours and hourly during the daytime nonpeak hours. 21 A-297 DENSITY INCENTIVE 0.5 bonus unit per acre of historic site. 0.5 bonus unit per acre of site or one thousand square feet of floor area of building restored. 0.15 bonus unit per benefit unit that achieves the required savings. 0.10 bonus unit per benefit unit that achieves the required savings. 10 percent increase above the base density of the zone. (King County 6-2006) 21A_34,040 - 21A.34.050 ZONING BENEFIT DENSITY INCENTIVE 5. PUBLIC ART a. Devoting 1% of the project budget to public art on site. b. Contributing 1 % of the project budget to the King County public art fund for development of art projects. The contribution shall be used for projects located within a one mile radius of the development project. 6. COTTAGE HOUSING Provision of three to sixteen detached cottage units clustered around at least one common open space. 5 percent increase above the base density of the zone. 5 percent increase above the base density of the zone. Two hundred percent of the base density of the underlying zone. Limited to parcels in the R4-R8 zones. Such RDI proposals shall not be eligible to utilize other RDI bonus density incentives listed in this section. If proposed energy conservation bonus units of this section are reviewed in conjunction with a subdivision or a short subdivision, the applicant shall provide data and calculations for a typical house of the type to be built in the development that demonstrates to the department's satisfaction how the required savings will be achieved. A condition of approval shall be recorded with the plat and shown on the title of each lot specifying the required energy savings that must be achieved in the construction of the dwelling unit. The plat notation shall also specify that the savings shall be based on the energy code in effect at the time of preliminary plat application. (15032 § 38, 2004: Ord. 14190 § 36, 2001. Ord. 14045 § 56, 2001: Ord. 10870 § 563, 1993). 21A.34.050 Rules forcalculating total permitted dwelling units. A. The formula for calculating the total number of dwelling units permitted through RDI review is as follows: DUs allowed by + Bonus DUs + DUs allowed by = TOTAL RDI RDI site base sending site DUs density density (if any) B. The total dwelling units permitted through RDI review shall be calculated using the following steps: 1. Calculate the number of dwellings permitted by the base density of the site in accordance with K.C.C. chapter 21A.12; 2. Calculate the total number of bonus dwelling units earned by providing the public benefits listed in K_C.C. 21A.34.040; 3. Add the number of bonus dwelling units earned to the number of dwelling units permitted by the base density; 4. Add the number of dwelling units permitted by the base density of the site sending TDRs, if any; 5. Round fractional dwelling units to the nearest whole number, .49 or less dwelling units are rounded down; and 6. On sites with more than one zone or zone density, the maximum density shall be calculated for the site area of each zone. Bonus units may be reallocated within the zones in the same manner set forth for base units in K.C.C. 21A.12.180. (Ord. 14190 § 37, 2001: Ord. 10870 § 564, 1993). (King County 6-2006) 21 A-298 GENERAL PROVISIONS - RESIDENTIAL DENSITY INCENTIVES 21A.34.060 - 21A.34.080 21 A.34.060 Review process. A. All RDI proposals shall be reviewed concurrently with a primary proposal to consider the proposed site plan and methods used to earn extra density as follows: 1. For the purpose of this section, a primary proposal is defined as a proposed subdivision, conditional use permit or commercial building permit. 2. When the primary proposal requires a public hearing under this code or Title 19A, the public hearing on the primary proposal shall serve as the hearing on the RDI proposal. The reviewing authority shall make a consolidated decision on the proposed development and use of RDI and consider any appeals of the RDI proposal under the same appeal procedures set forth for the development proposal; 3. When the development proposal does not require a public hearing under this title or K.C.C. Title 19A, the RDI proposal shall be considered along with the development proposal, and any appeals of the RDI proposal shall be considered under the same appeal procedures set forth for the development proposal; and 4. The notice for the RDI proposal also shall include the development's proposed density and a general description of the public benefits offered to earn extra density. B. RDI applications which propose to earn bonus units by dedicating real property or public facilities shall include a letter from the applicable county receiving agency certifying that the proposed dedication qualifies for the density incentive and will be accepted by the agency or other qualifying organization. (Ord. 14190 § 38, 2001: Ord. 10870 § 565, 1993). 21A.34.070 Minor adjustments in final site plans. When issuing building permits in an approved RDI development, the department may allow minor adjustments in the approved site plan involving the location or dimensions of buildings or landscaping, provided such adjustments shall not: A. Increase the number of dwelling units; B. Decrease the amount of perimeter landscaping (if any); C. Decrease residential parking facilities (unless the number of dwelling units is decreased),- D. Locate structures closer to any site boundary line; or E. Change the locations of any points of ingress and egress to the site. (Ord. 10870 § 566, 1993)_ 21A.34.060 Applicability of development standards. A. RDI developments shall comply with dimensional standards of the zone with a base density most closely comparable to the total approved density of the RDI development, provided that an RDI proposal in the R-4 through R-8 zone shall conform to the height requirements of the underlying zone in which it is located, B. RDI developments in the R-4 through R-8 zones shall be landscaped as follows: 1. When 75 percent or more of the units in the RDI development consists of townhouses or apartments, the development shall provide perimeter landscaping and tree retention in accordance with K.C.C. 21A.16 for townhouse or apartment projects_ 2. When less than 75 percent of the units in the RDI consists of townhouses or apartments, the development shall provide landscaping and tree retention in accordance with K.C.C_ 21A.16 for townhouses or apartments on the portion(s) of the development containing such units provided that, if buildings containing such units are more than 100 feet from the development's perimeter, the required landscaping may be reduced by 50 percent. 3. All other portions of the RDI shall provide landscaping or retain trees in accordance with K.C.C. 21A.16. C. RDl developments in all other zones shall be landscaped or retain trees in accordance with K.C_C_ 21A.16. (King County 6-2006) 21A-299 21 A.34.080 ZONING D. RDI developments shall provide parking as follows: 1. Projects with 100 percent affordable housing shall provide one off-street parking space per unit. The director may require additional parking, up to the maximum standards for attached dwelling units, which may be provided in common parking areas. 2. All other RDI proposals shall provide parking for: a. market rate/bonus units at levels consistent with K.C,C. 21A.18, and b. benefit units at 50 percent of the levels required for market ratelbonus units. E. RDI developments shall provide on -site recreation space as follows: 1 _ Projects with 100 percent affordable housing shall provide recreation space at 50 percent of the levels required in K.C.C. 21A.14. 2. All other RDI proposals shall provide recreation space for: a. market ratelbonus units at levels consistent with K.C.C. 21A.14, and b. benefit units at 50 percent of the levels required for market ratelbonus units. (Ord. 10870 § 567, 1993). (King County 6-2006) 21 A-300 n n m a w V GENERAL PROVISIONS - TRANSFER OF DEVELOPMENT RIGHTS (TDR) 21A.37 Chapter 21A.37 GENERAL PROVISIONS -TRANSFER OF DEVELOPMENT RIGHTS (TDR) Sections: 21A.37.010 Transfer of development rights (TDR) program - purpose. 21A.37.020 Transfer of development rights (TDR) program - sending sites. 21A.37.030 Transfer of development rights (TDR) program - receiving sites. 21A.37.040 Transfer of development rights (TDR) program - calculations. 21A.37.050 Transfer of development rights (TDR) program - development limitations. 21A.37.060 Transfer of development rights (TDR) program - documentation of restrictions. 21A.37.070 Transfer of development rights (TDR) program - sending site certification and interagency review committee process. 21A.37.080 Transfer of development rights (TDR) program - transfer process. 21A.37.090 Transfer of development rights (TDR) program - notice. 21A.37.100 Transfer of development rights (TDR) bank -- purpose. 21A.37.110 Transfer of development rights (TDR) bank expenditure and purchase authorization. 21A,37.120 Transfer of development rights (TDR) program - administration of TDR bank. 21A.37.130 Transfer of development rights (TDR) program - sale of TDR rights by TDR bank. 21A.37.140 Transfer of development rights (TDR) program - requirements for transfers by the TDR bank for use in incorporated receiving areas. 21A.37.150 Transfer of development rights (TDR) program - restrictions on expenditure of TDR bank funds on TDR amenities. 21A.37.160 Transfer of development rights (TDR) program - establishment and duties of the TDR executive board_ 21A.37.170 Transfer of development rights (TDR) program - exemption from surplus provisions. (King County 6-2006) 21 A-301 BLANK 21 A--302 GENERAL PROVISIONS - TRANSFER OF DEVELOPMENT RIGHTS (TDR) 21A.37.010 - 21A.37.020 21A.37.010 Transfer of development rights (TDR) program - purpose. A. The purpose of the transfer of development rights program is to transfer residential density from eligibile sending sites to eligible receiving sites through a voluntary process for permanently preserving rural resource and urban separator lands that provide a public benefit. The TDR provisions are intended to supplement land use regulations, resource protection efforts and open space acquisition programs and to encourage increased residential development density or increased commercial square footage, especially inside cities, where it can best be accommodated with the least impacts on the natural environment and public services by: 1. Providing an effective and predictable incentive process for property owners of rural, resource and urban separator land to preserve lands with a public benefit as described in K.C.C. 21A.37.020; and 2. Providing an efficient and streamlined administrative review system to ensure that transfers of development rights to receiving sites are evaluated in a timely way and balanced with other county goals and policies, and are adjusted to the specific conditions of each receiving site. B. The TDR provisions in this chapter shall only apply to TDR receiving site development proposals submitted on or after September 17, 2001, and applications for approval of TDR sending sites submitted on or after September 17, 2001. (Ord. 15032 § 39, 2004: Ord. 14190 § 3, 2001: Ord. 13274 § 1, 1998. Formerly K,C.C_ 21A.55.100). 21A.37,020 Transfer of development rights (TDR) program - sending sites. A_ For the purpose of this chapter, sending site means the entire tax lot or lots qualified under subsection B of this section. Sending sites may only be located within rural or resource lands or urban separator areas with R-1 zoning, as designated by the King County Comprehensive Plan and cannot be in public ownership. If the sending site consists of more than one tax lot, the lots must be contiguous_ For purposes of this section, lots divided by a street are considered contiguous if the lots would share a common lot line if the street was removed; this provision may be waived by the interagency committee if the total acreage of a rural or resource sending site application exceeds one hundred acres. A sending site shall be maintained in a condition that is consistent with the criteria in this section under which the sending was qualified. B. Qualification of a sending site shall demonstrate that the site contains a public benefit such that preservation of that benefit by transferring residential development rights to another site is in the public interest. A sending site must meet at least one of the following criteria. 1. Designation in the King County Comprehensive Plan or a functional plan as an agricultural production district or zoned A; 2. Designation in the King County Comprehensive Plan or a functional plan as forest production district or zoned F; 3. Designation in the King Count Comprehensive Plan as rural residential, zoned RA-5 or RA- 10, and meeting the definition in RCW 84.34.020 of open space, farm and agricultural land, or timber land; 4. Designation in the King County Comprehensive Plan or a functional plan as within the rural forest focus area and zoned RA with a minimum of fifteen acres of forested land that is not encumbered through King County's development rights purchase program; 5. Designation in the King County Comprehensive Plan, or a functional plan as a proposed rural or resource area regional trail or rural or resource area open space site, through either: a. designation of a specific site; or b. identification of proposed rural or resource area regional trails or rural or resource area open space sites which meet adopted standards and criteria, and for rural or resource area open space sites, meet the definition of open space land, as defined in RCW 84.34.020; 6. Identification as habitat for federal listed endangered or threatened species in a written determination by the King County department of natural resources and parks*, Washington state Department of Fish and Wildlife, United States Fish and Wildlife Services or a federally recognized tribe that the sending site is appropriate for preservation or acquisition; or 7. Designation in the King County Comprehensive Plan as urban separator and zoned R-1. (King County 12-2006) 21 A-303 21A.37.020 - 21A.37.030 ZONING C_ For the purposes of the TOR program, acquisition means obtaining fee simple rights in real property, or a less than a fee simple right in a form that preserves in perpetuity the public benefit supporting the designation or qualification of the property as a sending site. D. If a sending site has any outstanding code violations, the person responsible for code compliance should resolve these violations, including any required abatement, restoration, or payment of civil penalties, before a TDR sending site may be qualified by the interagency review committee created under K.C.C. 21A.37.070. However, the interagency may qualify and certify a TDR sending site with outstanding code violations if the person responsible for code compliance has made a good faith effort to resolve the violations and the proposal is in the public interest. E_ For lots on which the entire lot or a portion of the lot has been cleared or graded in accordance with a Class II, III or IV special forest practice as defined in chapter 76.09 RCW within the six years prior to application as a TDR sending site, the applicant must provide an affidavit of compliance with the reforestation requirements of the Forest Practices Act, and any additional reforestation conditions of their forest practice permit. Lots on which the entire lot or a portion of the lot has been cleared or graded without any required forest practices or county authorization, shall be not qualified or certified as a TDR sending site for six years unless the six -year moratorium on development applications has been lifted or waived or the landowner has a reforestation plan approved by the state Department of Natural Resources and King County. (Ord_ 15032 § 40, 2004: Ord. 14199 § 240, 2001: Ord. 14190 § 4, 2001: Ord. 14045 § 59, 2001: Ord. 13274 § 4, 1998. Formerly K.C.C. 21A.55.130). 21A.37.030 Transfer of development rights (TDR) program - receiving sites. A. Receiving sites shall be: 1. King County unincorporated urban sites, except as limited in subsection D. of this section, zoned R-4 through R-48, NB, CB, RB or O, or any combination thereof. The sites may also be within potential annexation areas established under the countywide planning policies; or 2. Cities where new growth is or will be encouraged under the Growth Management Act and the countywide planning policies and where facilities and services exist or where public investments in facilities and services will be made, or 3. RA-2.5 zoned parcels, except as limited in subsection E. of this section, that meet the criteria listed in this subsection A.3. may receive development rights transferred from rural forest focus areas, and accordingly may be subdivided and developed at a maximum density of one dwelling per two and one-half acres. increased density allowed through the designation of rural receiving areas: a. must be eligible to be served by domestic Group A public water service; b. must be located within one -quarter mile of an existing predominant pattern of rural lots smaller than five acres in size; c. must not adversely impact regionally or locally significant resource areas or critical areas; d. must not require public services and facilities to be extended to create or encourage a new pattern of smaller lots; e. must not be located within rural forest focus areas; and f, must not be located on Vashon Island or Maury Island. B. Except as provided in this chapter, development of an unincorporated King County receiving site shall remain subject to all zoning code provisions for the base zone, except TDR receiving site developments shall comply with dimensional standards of the zone with a base density most closely comparable to the total approved density of the TDR receiving site development. (King County 12-2006) 21 A-304 GENERAL. PROVISIONS - TRANSFER OF DEVELOPMENT RIGHTS (TDR) 21A.37.030 - 21A.37.040 C. An unincorporated King County receiving site may accept development rights from one or more sending sites, up to the maximum density permitted under K_C.C. 21A.12.030 and 21A.12.040. D_ Property located within the outer boundaries of the Noise Remedy Areas as identified by the Seattle -Tacoma International Airport may not accept development rights. E. Property located on Vashon Island or Maury Island may not accept development rights. (Ord. 15606 § 24, 2006: Ord. 15032 § 41, 2004: Ord. 14190 § 5, 2001: Ord. 14045 § 60, 2001: Ord. 13274 § 5, 1998_ Formerly K.C.C. 21A.55.140), 21A.37.040 Transfer of development rights (TDR) program - calculations. A. The number of residential development rights that an unincorporated sending site is eligible to send to a receiving site shall be determined by applying the TDR sending site base density established in subsection D. of this section to the area of the sending site after any portion of the sending site already in a conservation easement or other similar encumbrance has been deducted. B. Any fractions of development rights that result from the calculations in subsection A. of this section shall not be included in the final determination of total development rights available for transfer. C. For purposes of calculating the amount of development rights a sending site can transfer, the amount of land contained within a sending site shall be determined as follows: 1. If the sending site is an entire tax lot, the square footage or acreage shall be determined: a. by the King County department of assessments records, or b_ by a survey funded by the applicant that has been prepared and stamped by a surveyor licensed in the state of Washington; and 2. If the sending site consists of a lot that is divided by a zoning boundary, the square footage or acreage shall be calculated separately for each zoning classification. The square footage or acreage within each zoning classification shall be determined by the King County record of the action that established the zoning and property lines, such as an approved lot line adjustment. When such records are not available or are not adequate to determine the square footage or acreage within each zoning classification, the department of development and environmental services shall calculate the square footage or acreage through the geographic information system (GIS) mapping system. D. For the purposes of the transfer of development rights (TDR) program, the following TDR sending site base densities apply: 1. Sending sites designated in the King County Comprehensive Plan as urban separator and zoned R-1 shall have a base density of four dwelling units per acre for transfer purposes only; 2. Sending sites zoned RA outside a rural forest focus area shall have a base density consistent with the base density established in the density and dimensions tables in K.C.C21A_12.030; 3. Sending sites zoned RA within rural forest focus areas shall have a base density of one dwelling unit per five acres for transfer purposes only; 4. Sending sites zoned A-10 and A-35 within the agricultural production district shall have a base density of one dwelling unit per five acres for transfer purposes only; and 5. Sending sites zoned F within the forest production district shall have a base density of one dwelling unit per eighty acres or one dwelling unit per each lot that is between fifteen and eighty acres in size for transfer purposes only. E. A sending site may send one development right for every legal lot created on or before September 17, 2001, if that number is greater than the number of development rights determined under subsection A. of this section. F. The number of development rights that a icing County unincorporated rural or natural resources land sending site is eligible to send to a King County incorporated urban area receiving site shall be determined through the application of a conversion ratio established by King County and the incorporated municipal jurisdiction. The conversion ratio will be applied to the number of available sending site development rights determined under subsection A. or E. of this section. G. Development rights from one sending site may be allocated to more than one receiving site and one receiving site may accept development rights from more than one sending site. (King County 12-2006) 21 A-305 21 A.37.040 - 21 A.37.060 ZONING H. The determination of the number of residential development rights a sending site has available for transfer to a receiving site shall be valid for transfer purposes only, shall be documented in a TDR certificate letter of intent and shall be considered a final determination, not to be revised due to changes to the sending site's zoning. I. The number of residential development rights that a sending site with RA, A or F zoning is eligible to send to an unincorporated urban area receiving site shall be determined by applying twice the base density allowed for transfer purposes as specified in subsection D. of this section. (Ord. 15032 § 42, 2004: Ord. 14190 § 6, 2001: Ord. 14045 § 61, 2001: Ord, 13274 § 6, 1996, Formerly K.C.C_ 21A.55.150). 21A.37.050 Transfer of development rights (TDR) program - development limitations. A. Following the transfer of residential development rights a sending site may subsequently accommodate remaining residential dwelling units, if any, on the buildable portion of the parcel or parcels or be subdivided, consistent with the zoned base density provisions of the density and dimensions tables in K.C.C. 21A.12.030 and 21A.12.040, the allowable dwelling unit calculations in K.C.C. 21A.12.070 and other King County development regulations. For sending sites zoned RA, the subdivision potential remaining after a density transfer may only be actualized through a clustered subdivision, short subdivision or binding site plan that creates a permanent preservation tract as large or larger than the portion of the subdivision set aside as lots. Within rural forest focus areas, resource use tracts shall be at least fifteen acres of contiguous forest land, B. Only those nonresidential uses directly related to, and supportive of the criteria under which the site qualified are allowed on a sending site. C. The applicable limitations in this section shall be included in the sending site conservation easement. (Ord. 15245 § 10, 2005: Ord. 15032 § 43, 2004: Ord. 14190 § 7, 2001)_ 21A.37.060 Transfer of development rights (TDR) program - documentation of restrictions. A. Following the transfer of development rights from a sending site, deed restrictions documenting the development rights transfers shall be recorded by the department of natural resources and parks, or its successor, and notice placed on the title to the sending site parcel. The department of development and environmental services, or its successor, shall establish and maintain an internal tracking system that identifies all certified transfer of developments rights sending sites. B. A conservation easement granted to the county or other appropriate land management agency shall be required for land contained in the sending site. The conservation easement shall be documented by a map. The conservation easement shall be placed on the entire lot or lots. The conservation easement shall identify limitations on future residential and nonresidential development consistent with this chapter and as follows: 1. A conservation easement, which contains the easement map, shall be recorded on the entire sending site to indicate development limitations on the sending site; 2. For a sending site zoned A-10 or A-35, the conservation easement shall be consistent in form and substance with the purchase agreements used in the agricultural land development rights purchase program_ The conservation easement shall preclude subdivision of the subject property but may permit not more than one dwelling per sending site, and shall permit agricultural uses as provided in the A-10 or A-35 zone; 3. For a sending site located within a rural forest focus area, the sending site shall be a minimum of twenty acres. The conservation easement shall require that fifteen acres of contiguous forest land be restricted to forest management activities and shall include a forest stewardship plan approved by the county for ongoing forest management practices. The Forest Stewardship plan shall meet the requirements of King County administrative rules concerning forest stewardship plans and shall not impose standards that exceed Title 222 WAC. No more than one dwelling unit is allowed for every twenty acres; (King County 12-2006) 21 A-306 GENERAL PROVISIONS - TRANSFER OF DEVELOPMENT RIGHTS (TDR) 21A.37,060 - 21A.37,070 4. For a rural sending site located outside a rural forest focus area the conservation easement shall allow for restoration, maintenance or enhancement of native vegetation. A present conditions report shall be required to document the iocation of native vegetation. If residential development will be allowed on the site under the conservation easement, the present conditions report shall be used to guide the location of residential development; 5. For a sending site qualifying as habitat for federal listed endangered or threatened species, the conservation easement shall protect habitat and allow for restoration, maintenance or enhancement of native vegetation. A present conditions report shall be required to document the location of existing structures. If existing or future residential development will be allowed on the site under the conservation easement, the present conditions report shall be used by the owner to guide the location of residential development; and 6_ For a sending site zoned F, the conservation easement shall encumber the entire sending site. Lots between fifteen acres and eighty acres in size are not eligible to participate in the TDR program if they include any existing dwelling units intended to be retained, or if a new dwelling unit is proposed. For eligible lots between fifteen acres and eighty acres in size, the sending site must include the entire lot. For lots greater than eighty acres in size, the sending site shall be a minimum of eighty acres. The conservation easement shall permit forestry uses subject to a forest stewardship plan prepared by the applicant and approved by the county for ongoing forest management practices. The Forest Stewardship Plan shall include a description of the site's forest resources and the long term forest management objectives of the property owner, and shall not impose standards that exceed Title 222 WAC. (Ord. 15032 § 44, 2004: Ord. 14190 § 8, 2001). 21A.37.070 Transfer of development rights (TDR) program - sending site certification and interagency review committee process. A. An interagency review committee, chaired by the directors of the department of development and environmental services and the department of natural resources and parks, or their designees, shall be responsible for qualification of sending sites. Determinations on sending site certifications made by the committee are appealable to the examiner under K.C.C. 20.24.080. The department of natural resources and parks shall be responsible for preparing a written report, which shall be signed by the director of the department of natural resources and parks or the director's designee, documenting the review and decision of the committee. The committee shall issue a TDR certification letter within sixty days of the date of submittal of a completed sending site certification application. B. Responsibility for preparing a completed application rests exclusively with the applicant. Application for sending site certification shall include: 1. A legal description of the site; 2. A title report; 3. A brief description of the site resources and public benefit to be preserved; 4. A site plan showing the existing and proposed dwelling units, nonresidential structures, driveways, submerged lands and any area already subject to a conservation easement or other similar encumbrance; 5. Assessors map or maps of the lot or lots; 6. A statement of intent indicating whether the property ownership, after TDR certification, will be retained in private ownership or dedicated to King County or another public or private nonprofit agency; 7. Any or all of the following written in conformance with criteria established through a public rule consistent with K.C.G. chapter 2.98, if the site is qualifying as habitat for a threatened or endangered species: a. a wildlife habitat conservation plan- b. a wildlife habitat restoration plan; or c. a wildlife present conditions report; 8. A forest stewardship plan, written in conformance with criteria established through a public rule consistent with K.C.C. chapter2.98, if required under K.C.C. 21A.37.060.B.3. and 6.; (King County 6-2006) 21 A-307 21A.37.070 - 21A.37,080 ZONING 9. An affidavit of compliance with the reforestation requirements of the Forest Practices Act and any additional reforestation conditions of the forest practices permit for the site, if required under K_C.C. 21 A, 37.020. E; 10. A completed density calculation worksheet for estimating the number of available development rights; and 11. The application fee consistent with K.C.C: 27.36.020. (Ord. 15032 § 45, 2004: Ord. 14561 § 28, 2002: Ord. 14199 § 241, 2001. Ord.14190 § 9, 2001: Ord. 13274 § 7, 1998_ Formerly K.C.C. 21A55.160). 21A.37.080 Transfer of development rights (TDR) program - transfer process. A. TOR development rights where both the proposed sending and receiving sites would be within unincorporated King County shall be transferred using the following process: 1. Following interagency review committee review and approval of the sending site application as described in K.C.C. 21A,37.070 the interagency review committee shall issue a TOR certificate letter of intent, agreeing to issue a TOR certificate in exchange for the proposed sending site conservation easement. The sending site owner may then market the TOR sending site development rights to potential purchasers. If a TOR sending site that has been reviewed and approved by the interagency review committee changes ownership, the TOR certificate letter of intent may be transferred to the new owner if requested in writing to the department of natural resources by the person or persons that owned the property when the TDR certificate letter of intent was issued, provided that the documents evidencing the transfer of ownership are also provided to the department of natural resources; 2. In applying for receiving site approval, the applicant shall provide the department of development and environmental services with one of the following: a. a TDR certificate letter of intent issued in the name of the applicant, b. a TDR certificate letter of intent issued in the name of another person or persons and a copy of a signed option to purchase those TDR sending site development rights, c. a TDR certificate issued in the name of the applicant, or d_ a TOR certificate issued in the name of another person or persons and a copy of a signed option to purchase those TDR sending site development rights; 3. Following building permit approval, but before building permit issuance by the department of development and environmental services or following preliminary plat approval or preliminary short plat approval, but before final plat or short plat recording of a receiving site development proposal which includes the use of TOR development rights, the receiving site applicant shall deliver the TDR certificate issued in the applicant's name for the number of TOR development rights being used and the TDR extinguishment document to the county; 4. When the receiving site development proposal requires a public hearing under this title or K.C.C. Title 19A or its successor, that public hearing shall also serve as the hearing on the TDR proposal. The reviewing authority shall make a consolidated decision on the proposed development and use of TOR development rights and consider any appeals of the TDR proposal under the same appeal procedures set forth for the development proposal; and 5_ When the development proposal does not require a public hearing under this title or K.C.C. Title 19A, the TDR proposal shall be considered along with the development proposal, and any appeals of the TDR proposal shall be considered under the same appeal procedures set forth for the development proposal. 6. Development rights from a sending site shall be considered transferred to a receiving site when a final decision is made on the TOR receiving area development proposal, the sending site is permanently protected by a completed and recorded land dedication or conservation easement, notification has been provided to the King County assessor's office and a TDR extinguishment document has been provided to the department of natural resources and parks, or its successor agency. B. TOR development rights where the proposed receiving site would be within an incorporated King County municipal jurisdiction shall be reviewed and transferred using that jurisdiction's development application review process. (Ord. 15032 § 46, 2004: Ord. 14190 § 10, 2001: Ord. 13274 § 8, 1998. Formerly K.C.C_ 21A.55.170). (King County 6-2006) 21 A-308 GENERAL PROVISIONS -TRANSFER OF DEVELOPMENT RIGHTS (TDR) 21A.37.090 - 21A.37.120 21A.37.090 Transfer of development rights (TDR) program - notice. Public notice consistent with the provisions of K.C.C, 20.20.060 for Type Four land use decisions shall be provided for parcels identified as TDR receiving sites. (Ord. 14190 § 11, 2001: Ord. 13274 § 9, 1998. Formerly K.C.C. 21A.55.180). 21A.37.100 Transfer of development rights (TDR) bank -- purpose. The purpose of the TDR bank is to assist in the implementation of the transfer of development rights (TDR) program by purchasing and selling development rights and purchasing conservation easements. The TOR bank may acquire development rights and conservation easements only from sending sites located in the rural area or in an agricultural or forest production district as designated in the King County Comprehensive Plan. Development rights purchased from the TDR bank may only be used for receiving sites in cities or in the urban unincorporated area as designated in the King County Comprehensive Plan. (Ord. 14763 § 1, 2003: Ord. 14190 § 12, 2001: Ord. 14045 § 62, 2001: Ord. 13733 § 8, 2000, Formerly K.C.C. 21A.55.200). 21A.37.110 Transfer of development rights (TDR) bank expenditure and purchase authorization. A. The TDR bank may purchase development rights from qualified sending sites at prices not to exceed fair market value and to sell development rights at prices not less than fair market value. The TDR bank may accept donations of development rights from qualified TDR sending sites. B. The TDR bank may purchase a conservation easement only if the property subject to the conservation easement is qualified as a sending site as evidenced by a TDR certificate letter of intent, the conservation easement restricts development of the sending site in the manner required by K_C.C_ 21A.37.060 and the development rights generated by encumbering the sending site with the conservation easement are issued to the TDR bank at no additional cost. C. If a conservation easement is acquired through a county park, open space, trail, agricultural, forestry or other natural resource acquisition program for a property that is qualified as a TDR sending site as evidenced by a TDR certificate letter of intent, any development rights generated by encumbering the sending site with the conservation easement may be issued to the TDR bank so long as there is no additional cost for the development rights. D. The TDR bank may use funds to facilitate development rights transfers. These expenditures may include, but are not limited to, establishing and maintaining internet web pages, marketing TDR receiving sites, procuring title reports and appraisals and reimbursing the costs incurred by the department of natural resources and parks, water and land resources division, or its successor, for administering the TDR bank fund and executing development rights purchases and sales. E. The TDR bank fund shall not be used to cover the cost of identifying and qualifying sending and receiving sites, or the costs of providing staff support for the TDR interagency review committee or the department of natural resources and parks. F. All proceeds from the sale of TDR bank development rights shall be available for acquisition of additional development rights upon approval of the TDR executive board. (Ord. 15032 § 47, 2004: Ord. 14763 § 2, 2003: Ord. 14561 § 29, 2002: Ord_ 14199 § 242, 2001: Ord. 14190 § 13: Ord. 13733 § 10, 2000. Formerly K.C.C. 21A.55.210). 21A.37.120 Transfer of development rights (TDR) program - administration of TDR bank. A. The department of natural resources and parks, water and land resources division, or its successor, shall administer the TDR bank fund and execute purchases of development rights and conservation easements and sales of development rights in a timely manner consistent with policy set by the TDR executive board. These responsibilities include, but are not limited to: 1. Managing the TDR bank fund; 2. Authorizing and monitoring expenditures; 3. Keeping records of the dates, amounts and locations of development rights purchases and sales, and conservation easement purchases; 4. Executing development rights purchases, sales and conservation easements; and 5. Providing periodic summary reports of TDR bank activity for TDR executive board consideration. (King County 6-2006) 21 A-309 21A.37.120 - 21 A.37.140 ZONING B. The department of natural resources and parks, water and land resources division, or its successor, in executing purchase and sale agreements for acquisition of development rights and conservation easements shall ensure sufficient values are being obtained and that all transactions, conservation easements or fee simple acquisitions are consistent with public land acquisition guidelines. (Ord. 14763 § 3, 2003: Ord. 14199 § 243, 2001: Ord. 14190 § 14, 2001: Ord. 13733 § 11, 2000_ Formerly K.C.C. 21A.55.220). 21A.37.130 Transfer of development rights (TDR) program - sale of TDR rights by TDR bank. A. The sale of development rights by the TOR bank shall be at a price that equals or exceeds the fair market value of the development rights. The fair market value of the development rights shall be established by the department of natural resources and shall be based on the amount the county paid for the development rights and the prevailing market conditions. B_ When selling development rights, the TDR bank may select prospective purchasers based on the price offered for the development rights, the number of development rights offered to be purchased, and the potential for the sale to achieve the purposes of the TOR program. C. The TOR bank may sell development rights only in whole or half increments to incorporated receiving sites through an interlocal agreement. The TDR bank may sell development rights only in whole increments to unincorporated King County receiving sites. D_ All offers to purchase development rights from the TDR bank shall be in writing, shall include a certification that the development rights, if used, shall be used only inside an identified city or within the urban unincorporated area, include a minimum ten percent down payment with purchase option, shall include the number of development rights to be purchased, location of the receiving site, proposed purchase price and the required date or dates for completion of the sale, not later than three years after the date of receipt by King County of the purchase offer, E. Payment for purchase of development rights from the TDR bank shall be in full at the time the development rights are transferred unless otherwise authorized by the department of natural resources and parks. (Ord. 15032 § 48, 2004: Ord. 14199 § 244, 2001: Ord. 14190 § 15, 2001: Ord. 13733 § 12, 2000. Formerly K.C.C. 21A.55.230). 21A.37.140 Transfer of development rights (TDR) program - requirements for transfers by the TDR bank for use in incorporated receiving areas. A. For development rights sold by the TDR bank to be used in incorporated receiving site areas, the county and the affected city or cities must first have executed an interlocal agreement and the city or cities must have enacted appropriate legislation to implement the program for the receiving area. B. At a minimum, each interlocal agreement shall describe the legislation that the receiving jurisdiction adopted or will adopt to allow the use of development rights, shall identify the receiving area, shall require the execution of a TDR extinguishment document in conformance with K_C.C_ 21A_37.080, and should address the conversion ratio to be used in the receiving site area. If the city is to receive any amenity funds, the interlocal agreement shall set forth the amount of funding and the amenities to be provided in accordance with K.C.C. 21A.37.150 1. Such an interlocal agreement may also indicate that a priority should be given by the county to acquiring development rights from sending sites in specified geographic areas. If a city has a particular interest in the preservation of land in a rural or resource area or in the specific conditions on which it will be preserved, then the interlocal agreement may provide for periodic inspection or special terms in the conservation easement to be recorded against the sending site as a pre acquisition condition to purchases of development rights within specified areas by the TOR bank. C. A TDR conversion ratio for development rights purchased from a sending site and transferred to an incorporated receiving site area may express the amount of additional development rights in terms of any combination of units, floor area, height or other applicable development standards that may be modified by the city to provide incentives for the purchase of development rights. (Ord, 14190 § 16, 2001: Ord. 13733 § 13, 2000. Formerly K.C.C. 21A.55.240). (King County 6-2006) 21A-310 GENERAL PROVISIONS - TRANSFER OF DEVELOPMENT RIGHTS (TDR) 21A.37,150 21A.37.150 Transfer of development rights (TDR) program - restrictions on expenditure of TDR bank funds on TDR amenities. A. Expenditures by the county for amenities to facilitate development rights sales shall be authorized by the TDR executive board during review of proposed interlocal agreements, and should be roughly proportionate to the value and number of development rights anticipated to be accepted in an incorporated receiving site pursuant to the controlling interlocal agreement, or in the unincorporated urban area, in accordance with K,C.C, 21A.37.040. B. The county shall not expend funds on TDR amenities in a city before execution of an interlocal agreement, except that: 1. The executive may authorize up to twelve thousand dollars be spent by the county on TDR amenities before a development rights transfer for use at a receiving site or for the execution of an interlocal agreement if the TDR executive board recommends that the funds be spent based on a finding that the expenditure will expedite a proposed transfer of development rights or facilitate acceptance of a proposed transfer of development rights by the community around a proposed or established receiving site area; 2. King County may distribute the funds directly to a city if a scope of work, schedule and budget governing the use of the funds is mutually agreed to in writing by King County and the affected city. Such an agreement need not be in the form of an interlocal agreement; and 3. The funds may be used for project design renderings, engineering or other professional services performed by persons or entities selected from the King County approved architecture and engineering roster maintained by the department of finance or an affected city's approved architecture and engineering roster, or selected by an affected city through its procurements processes consistent with state law and city ordinances. C. TDR amenities may include the acquisition, design or construction of public art, cultural and community facilities, parks, open space, trails, roads, parking, landscaping, sidewalks, other streetscape improvements, transit -related improvements or other improvements or programs that facilitate increased densities on or near receiving sites. D. When King County funds amenities in whole or in part, the funding shall not commit the county to funding any additional amenities or improvements to existing or uncompleted amenities. E. King County funding of amenities shall not exceed appropriations adopted by the council or funding authorized in interlocal agreements, whichever is less. F. Public transportation amenities shall enhance the transportation system. These amenities may include capital improvements such as passenger and layover facilities, if the improvements are within a designated receiving area or within one thousand five hundred feet of a receiving site. These amenities may also include programs such as the provision of security at passenger and layover facilities and programs that reduce the use of single occupant vehicles, including car sharing and bus pass programs. G. Road fund amenities shall enhance the transportation system. These amenities may include capital improvements, such as streets, traffic signals, sidewalks, street landscaping, bicycle lanes and pedestrian overpasses, if the improvements are within a designated receiving site area or within one thousand five hundred feet of a receiving site. These amenities may also include programs that enhance the transportation system. H. All amenity funding provided by King County to cities to facilitate the transfer of development rights shall be consistent with federal, state and local laws, I. The timing and amounts of funds for amenities paid by King County to each participating city shall be determined in an adopted interlocal agreement. The interlocal agreement shall set forth the amount of funding to be provided by the county, an anticipated scope of work, work schedule and budget governing the use of the amenity funds. Except for the amount of funding to be provided by the county, these terms may be modified by written agreement between King County and the city. Such an agreement need not be in the foram of an interlocal agreement. Such an agreement must be authorized by the TDR executive board. if amenity funds are paid to a city to operate a program, the interlocal agreement shall set the period during which the program is to be funded by King County. (King County 6-2006) 21A-311 21A.37.150 - 21A.37.160 ZONING J. A city that receives amenity funds from the county is responsible for using the funds for the purposes and according to the terms of the governing interlocal agreement. K. To facilitate timely implementation of capital improvements or programs at the lowest possible cost, King County may make amenity payments as authorized in an interlocal agreement to a city before completion of the required improvements or implementation programs, as applicable_ If all or part of the required improvements or implementation programs in an interlocal agreement to be paid for from King County funds are not completed by a city within five years from the date of the transfer of amenity funds, then, unless the funds have been used for substitute amenities by agreement of the city and King County, those funds, plus interest, shall be returned to King County and deposited into the originating amenity fund for reallocation to other TDR projects. L. King County is not responsible for maintenance, operating and replacement costs associated with amenity capital improvements inside cities, unless expressly agreed to in an interlocal agreement. (Ord. 14190 § 17, 2001: Ord. 13733 § 14, 2000. Formerly K.C.C. 21A.55.250). 21A.37.160 Transfer of development rights (TDR) program - establishment and duties of the TDR executive board. A. The TDR executive board is hereby established. The TDR executive board shall be composed of the director of the budget office, the director of the department of natural resources and parks, the director of the department of transportation and the director of finance, or their designees. A representative from the King County council staff, designated by the council chair, may participate as an ex officio, nonvoting member of the TDR executive board. The TDR executive board shall be chaired by the director of the department of natural resources and parks or that director's designee. B. The issues that may be addressed by the executive board include, but are not limited to, using site evaluation criteria established by administrative rules, ranking and selecting sending sites to be purchased by the TDR bank, recommending interlocal agreements and the provision of TDR amenities, if any, to be forwarded to the executive, identifying future funding for amenities in the annual budget process, enter into other written agreements necessary to facilitate density transfers by the TDR bank and otherwise oversee the operation of the TDR bank to measure the effectiveness in achieving the policy goals of the TDR program, C. The department of natural resources and parks shall provide lead staff support to the TDR executive board. Staff duties include, but are not limited to: 1. Making recommendations to the TDR executive board on TDR program and TDR bank issues on which the TDR executive board must take action; 2. Facilitating development rights transfers through marketing and outreach to the public, community organizations, developers and cities; 3. Identifying potential receiving sites; 4. Developing proposed interlocal agreements with cities; 5. Assisting in the implementation of TDR executive board policy in cooperation with other departments; 6. Ranking certified sending sites for consideration by the TDR executive board; 7. Negotiating with cities to establish city receiving areas with the provision of amenities; 8. Preparing agendas for TDR executive board meetings; 9. Recording TDR executive board meeting summaries; 10. Preparing administrative rules in accordance with K.C.C. chapter 2.98 to implement this chapter; and 11. Preparing periodic reports on the progress of the TDR program to the council with assistance from other departments. (Ord. 15032 § 49, 2004: Ord. 14763 § 4, 2003: Ord. 14561 § 30, 2002: Ord. 14199 § 245, 2001: Ord, 14190 § 18, 2001: Ord. 13733 § 15, 2000. Formerly K.C.C. 21A.55.260). (King County 6-2006) 21 A-312 GENERAL PROVISIONS - TRANSFER OF DEVELOPMENT RIGHTS (TDR) 21A.37.170 21A.37.170 Transfer of development rights (TDR) program - exemption from surplus provisions. The transfer of development rights from the TDR bank may be completed consistent with King County's needs and in accordance with the criteria of this chapter. The transfers are exempt from the real and personal property provisions of K.C.C. chapter 4.56. (Ord. 14190 § 19, 2001: Ord. 13733 § 16, 2000. Formerly K.C.C. 21A.55.270). (King County 6-2006) 21 Ar--313 21A-314 C? 2 a m N a w GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT STANDARDS/SPECIAL DISTRICT OVERLAYS Chapter 21A.38 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT STANDARDS/ SPECIAL DISTRICT OVERLAYS 21 A.38 Sections: 21A.38.010 Purpose. 21A.38.020 Authority and application. 21A.38.030 Property -Specific development standards - General provisions. 21A.3$_040 Special district overlay— general provisions. 21A.38.050 Special district overlay - Pedestrian -oriented commercial development. 21A.38.060 Special district overlay - officetresearch park development. 21A.38.070 Special district overlay - Urban Planned Development purpose and designation. 21A.38A80 Special district overlay - UPD implementation. 21A.38.090 Special district overlay - Economic redevelopment. 21A.38.100 Special district overlay- Commercial/industrial. 21A.38.110 Special district overlay - Fully contained community (FCC) purpose, designation, and implementation. 21A.38.120 Special district overlay - Wetland management areas. 21A_38.130 Special district overlay - agricultural production buffer. 21A.38.140 Special district overlay - Residential infill. 21A.38.150 Special district overlay - Ground water protection. 21A.38.160 Special district overlay - Aviation facilities. 21A,38.170 Special district overlay - Urban aquifer protection area. 21A.38.180 Special district overlay - Highway -oriented development. 21A.38.200 Special district overlay - Erosion hazards near sensitive water bodies. 21A.38.210 Special district overlay - heron habitat protection area. 21A.38.240 Special district overlay - floodplain density. (King County 12-2006) 21A-315 BLANK 21 A-316 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A,38.010 - 21A.38,030 STANDARDS/SPECIAL DISTRICT OVERLAYS 21A.38.010 Purpose. The purposes of this chapter are to provide for alternative development standards to address unique site characteristics and to address development opportunities which can exceed the quality of standard developments, by: A. Establishing authority to adopt property -specific development standards for increasing minimum requirements of this title on individual sites; or B. Establishing special district overlays with alternative standards for special areas designated by community plans or the Comprehensive Plan. (Ord, 12171 § 4, 1996: Ord. 10870 § 574, 1993)_ 21A.38.020 Authority and application. A. This chapter authorizes King County to increase development standards or limit uses on specific properties beyond the general requirements of this title through property -specific development standards, and to carry out comprehensive plan policies and map designations and community, subarea, or neighborhood plan policies through special overlay districts which supplement or modify standard zones through different uses, design or density standards or review processes; B. Property -specific development standards shall be applied to specific properties through either area zoning as provided in K.G.C. 20.12 and 20.16, or reclassifications of individual properties as provided in K.C.C. 20.24 and 21A.44; and C. Special district overlays shall be applied to specific properties or areas containing several properties through the area zoning process as provided in K.C.C. 20.12 and 20.16. (Ord. 12823 § 2, 1997: Ord. 12809 § 3, 1997: Ord. 12171 § 5, 1996: Ord. 10870 § 575, 1993). 21A.38.030 Property -Specific development standards - General provisions. A. Property -specific development standards, denoted by the zoning map symbol -P after the zone's map symbol or a notation in the SITUS File, shall be established on individual properties through either reclassifications or area zoning. All property -specific development standards are contained in Appendix of Ordinance 12824* as currently in effect or hereinafter amended and shall be maintained by the department of development and environmental services in the Property Specific Development Conditions notebook. Upon the effective date of reclassification of a property to a zone with a -P suffix, the property -specific development standards adopted thereby shall apply to any development proposal on the subject property subject to county review, including, but not limited to, a building permit, grading permit, subdivision, short subdivision, subsequent reclassification to a potential zone, urban planned development, conditional use permit, variance, and special use permit. B. Property -specific development standards shall address problems unique to individual properties or a limited number of neighboring properties that are not addressed or anticipated by general minimum requirements of this title or other regulations. C. Property -specific development standards shall cite the provisions of this title, if any, that are to be augmented, limited, or increased, shall be supported by documentation that addresses the need for such condition(s), and shall include street addresses, tax lot numbers or other clear means of identifying the properties subject to the additional standards. Property -specific development standards are limited to: 1. Limiting the range of permitted land uses; 2. Requiring special development standards for property with physical constraints (e.g. environmental hazards, view corridors); 3. Requiring specific site design features (e.g. building orientation, lot layout, clustering, trails or access location); 4. Specifying the phasing of the development of a site; 5. Requiring public facility site dedications or improvements (e.g. roads, utilities, parks, open space, trails, school sites); or *Available in the office of the clerk of the council. (King County 6-2006) 21 A-317 21A_38.030 - 21A.38.050 ZONING 6. Designating sending and receiving sites for transferring density credits as provided in K.C.C. 21 A.36. D. Property -specific development standards shall not be used to expand permitted uses or reduce minimum requirements of this title. (Ord. 12824 § 21, 1997: Ord. 11621 § 97, 1994: Ord. 10870 § 576, 1993). 21A.38.040 Special district overlay -- general provisions. Special district overlays shall be designated on official area zoning maps and as a notation in the department's electronic parcel record, as follows: A. A special district overlay shall be designated through the area zoning process as provided in K.C.C. chapters 20.12 and 20.16. Designation of an overlay district shall include policies that prescribe the purposes and location of the overlay; B. A special district overlay shall be applied to land through an area zoning process as provided in K.C.C. chapters 20.12 and 20.16 and shall be indicated on the zoning map and as a notation in the department's electronic parcel record and shall be designated in Appendix B of Ordinance 12824 as maintained by the department of development and environmental services, with the suffix "-SO" following the map symbol of the underlying zone or zones; C. The special district overlays in this chapter are the only overlays authorized by the code. New or amended overlays to carry out new or different goals or policies shall be adopted as part of this chapter and be available for use in all appropriate community, subarea or neighborhood planning areas; D. The special district overlays in this chapter may waive, modify and substitute for the range of permitted uses and development standards established by this title for any use or underlying zone; E. Unless they are specifically modified by this chapter, the standard requirements of this title and other county ordinances and regulations govern all development and land uses within special district overlays; F. A special district overlay on an individual site may be modified by property -specific development standards as provided in K.C.C. 21A.38.030; G. A special district overlay may not be deleted by a zone reclassification; and H. Special district overlay development standards may be modified or waived through the consideration of a variance, subject to the variance criteria in K.C.C. 21A.44.030. (Ord. 15051 § 216, 2004: Ord. 12823 § 3, 1997: Ord. 12809 § 4, 1997: Ord, 12171 § 6, 1996: Ord. 11621 § 98, 1994: Ord. 10870 § 577, 1993). 21A.38.050 Special district overlay - Pedestrian -oriented commercial development. A. The purpose of the pedestrian -oriented commercial development special district overlay is to provide for high -density, pedestrian -oriented retaiVemployment uses. Pedestrian -oriented commercial district shall only be established in areas designated within a community, subarea, or neighborhood plan as an urban activity center and zoned CB, RB or O. B. Permitted uses shall be those uses permitted in the underlying zone, excluding the following: 1. Motor vehicle, boat and mobile home dealer; 2. Gasoline service station; 3, Drive -through retail and service uses; 4. Car washes; 5_ Retail and service uses with outside storage, e.g. lumber yards, miscellaneous equipment rental or machinery sales; 6. Wholesale uses; 7. Recreation/cultural uses as set forth in K.C.C. 21A,08.040, except parks, sports clubs, theaters, libraries and museums; 8. SIC Major Group 75 (Automotive repair, services and parking) except 7521 (automobile parking; but excluding tow -in parking lots); 9_ SIC Major Group 76 (Miscellaneous repair services), except 7631 (Watch, clock and jewelry repair); 10, SIC Major Group 78 (Motion pictures), except 7832 (theater) and 7841 (video tape rental); (King County 6-2006) 21 A-318 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A.38.050 STANDARDS/SPECIAL DISTRICT OVERLAYS 11. SIC Major Group 80 (Health services), except offices and outpatient clinics (801-804); 12. SIC Industry Group 421 (Trucking and courier service); 13. Public agency archives; 14. Self-service storage; 15_ Manufacturing land uses as set forth in K.C.C. 21A.08.080, except 2759 (Commercial printing); and 16. Resource land uses as set forth in K.C.C. 21A.08.090. C. The following development standards shall apply to uses located in pedestrian -oriented commercial overlay districts: 1. Every use shall be subject to pedestrian -oriented use limitations and street facade development standards (e.g. placement and orientation of buildings with respect to streets and sidewalks, arcades or marquees) identified and adopted through an applicable community, subarea or, neighborhood plan, or the area zoning process; 2. For properties that have frontage on pedestrian street(s) or routes as designated in an applicable plan or area zoning process, the following conditions shall apply: a, main building entrances shall be oriented to the pedestrian street; b. at the ground floor (at grade), buildings shall be located no more than 5 feet from the sidewalk or sidewalk improvement, but shall not encroach on the public right-of-way; c. building facades shall comprise at least 75% of the total pedestrian street frontage for a property and if applicable, at least 75% of the total pedestrian route frontage for a property; d. minimum side setbacks of the underlying zoning are waived; e. building facades of ground floor retail, general business service, and professional office land uses that front onto a pedestrian street or route shall include windows and overhead protection; f, building facades along a pedestrian street or route, that are without ornamentation or are comprised of uninterrupted glass curtain walls or mirrored glass are not permitted; and g, vehicle access shall be limited to the rear access alley or rear access street where such an alley or street exists. 3. Floor/lot area ratio shall not exceed 5:1, including the residential component of mixed use developments, but not including parking structures; 4. Building setback and height requirements may be waived, except for areas within fifty feet of the perimeter of any special district overlay area abutting an R-12 or lower density residential zone; 5. The landscaping requirements of K.C.C. 21A.16 may be waived if landscaping conforms to a special district overlay landscaping plan adopted as part of the area zoning. The overlay district landscaping plan shall include features addressing street trees, and other design amenities (e.g. landscaped plazas or parks); 6. On designated pedestrian streets, sidewalk width requirements shall be increased to a range of ten to twelve feet wide including sidewalk landscaping and other amenities. The sidewalk widths exceeding the amount required in the King County Road Standards may occur on private property adjoining the public street right-of-way; and 7. Off-street parking requirements K.C.C. 21A.18 are modified as follows for all nonresidential uses: a. No less than one space for every 1000 square feet of floor area shall be provided; b. No more than seventy-five percent of parking shall be on -site surface parking. Such parking shall be placed in the interior of the lot, or at the rear of the building it serves; and c. At least twenty-five percent of the required parking shall be enclosed in an on -site parking structure or located at an off -site common parking facility, provided that this requirement is waived when the applicant signs a no protest agreement to participate in any improvement district for the future construction of such facilities. (Ord. 13022 § 30, 1998: Ord. 12823 § 4, 1997: Ord. 10870 § 578, 1993). (King County 12-2006) 21 A-319 21A.38.060 ZONING 21A.38.060 Special district overlay - officeiresearch park development. A. The purpose of the office/research park special district overlay is to establish an area for development to occur in a campus setting with integrated building designs, flexible grouping of commercial and industrial uses, generous landscaping and buffering treatment, and coordinated auto and pedestrian circulation plans. Office/research park districts shall only be established in areas designated within a community plan and zoned RB, O or I zones. Permitted uses shall include all uses permitted in the RB, O and I zones, as set forth in K.C.C. chapter 21A.08, regardless of the classification used as the underlying zone on a particular parcel of land. B. The following development standards shall apply to uses locating in office/research park overlay districts: 1. All uses shall be conducted inside an entirely enclosed building; 2. An internal circulation plan shall be developed to facilitate pedestrian and vehicular traffic flow between major project phases and individual developments; 3. The standards in this section shall be applied to the development as a unified site, not withstanding any division of the development site under a binding site plan or subdivision; 4. All buildings shall maintain a fifty -foot setback from perimeter streets and from residential zoned areas; 5. The total permitted impervious lot coverage shall be eighty -percent. The remaining twenty - percent shall be devoted to open space. Open space may include all required landscaping, and any unbuildable critical areas and their associated buffers; 6_ The landscaping standards in K.C.C. chapter 21A.16 are modified as follows: a. Twenty -foot wide Type 11 landscaping shall be provided along exterior streets, and twenty -foot wide Type III landscaping shall be provided along interior streets; b. Twenty -foot wide Type I landscaping shall be provided along property lines adjacent to residential zoned areas; c. Fifteen -foot wide Type II landscaping shall be provided along lines adjacent to nonresidential zoned areas; and d. Type IV landscaping shall be provided within all surface parking lots as follows: (1) Fifteen percent of the parking area, excluding required perimeter landscaping, shall be landscaped in parking lots with more than thirty -parking stalls; (2) At least one tree for every four parking stalls shall be provided, to be reasonably distributed throughout the parking lot; and (3) No parking stall shall be more than forty -feet from some landscaping; e. An inventory of existing site vegetation shall be conducted pursuant to the procedures in K.C.C_ chapter 2IA. 16, and f. An overall landscaping plan that conforms to the requirements of this subsection shall be submitted for the entire district or each major development phase prior to the issuance of any site development, grading or building permits; 7. Lighting within an office/industrial park shall shield the light source from the direct view of surrounding residential areas; 8. Refuse collection/recycling areas and loading or delivery areas shall be located at least one hundred feet from residential areas and screened with a solid view obscuring barrier; 9. Off street parking standards as in K.C_C_ chapter 21A.18 are modified as follows: a. one space for every three hundred square feet of floor area shall be provided for all uses, except on -site daycare, exercise facilities, eating areas for employees, archive space for tenants and retail/service uses; b_ parking for on -site daycare, exercise facilities, eating areas for employees, archive space for tenants, and retail/service uses shall be no less than one space for every one thousand square feet of floor area and no greater than one space for every five hundred square feet of floor area; and c. at least twenty-five percent of required parking shall be located in a parking structure; and (King County 12-2006) 21 A-320 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A.38,060 - 21A.38.090 STANDARDS/SPECIAL DISTRICT OVERLAYS 10. Sign standards in K.C.C. chapter 21A.20 are modified as follows: a. Signs visible from the exterior of the park shall be limited to one monument office/research park identification sign at each entrance. The signs shall not exceed an area of sixty-four square feet per sign; b. no pole signs shall be permitted; and c. all other signs shall be visible only from within the park. (Ord. 15606 § 25, 2006: Ord.11621 § 100, 1994: Ord. 10870 § 579, 1993). 21A.38.070 Special district overlay - Urban planned development (UPD) purpose and designation. A_ The purpose of the UPD special district overlay is to provide a means for community, subarea or neighborhood plans to designate urban areas which are appropriate for development on a large scale basis: B. In designating an overlay district, the comprehensive plan, subarea plan, neighborhood plan or area zoning shall delineate UPD overlay district boundaries. C. The community plan, subarea plan, neighborhood plan; or area zoning shall designate and adopt urban residential zoning consistent with comprehensive plan policies. D_ In designating an overlay district, the community plan, subarea plan, neighborhood plan or area zoning may: 1. Set a maximum or range of the number of dwelling units within the UPD; and 2. Incorporate project description elements or requirements to the extent known, including but not limited to the following: conceptual site plan; mix of attached and detached housing; affordable housing goals and/or programs; major transportation or other major infrastructure programs and the UPD's participation therein; and any other provision or element deemed appropriate. (Ord. 12823 § 5, 1997: Ord. 10870 § 580, 1993). 21A.38.080 Special district overlay - UPD implementation. Implementation of the UPD designation shall comply with the following: A. The minimum site size for an UPD permit application shall be not less than 200 acres. "Site size" for purposes of this subsection means contiguous land under one ownership or under the control of a single legal entity responsible for submitting an UPD permit application and for carrying out all provisions of the development agreement; and B. The UPD shall comply with the standards and procedures set out in Chapter 21A.39. (Ord, 10870 § 581, 1993). 21A.38.090 Special district overlay - Economic redevelopment. A. The purpose of the economic redevelopment special district overlay is to provide incentives for the redevelopment of large existing, underutilized concentrations of commercial/industrial lands within urban areas. B. The economic redevelopment special district overlay shall only be designated through the area zoning process; located in areas designated within a community, subarea or neighborhood plan as an activity center; and zoned CB, RB, O, or I. C. The standards of this title and other county codes shall be applicable to development within the economic redevelopment special district overlay except as follows: 1. Commercial or industrial uses that exist within an area as of the effective date of legislation applying the economic redevelopment special district overlay, but that are not otherwise permitted by the zoning, shall be considered permitted uses upon only the lots that they occupied as of that date. 2. The minimum parking requirements of this title shall be reduced as follows, provided that such reductions do not apply to new construction on vacant property or the vacant portions of partially -developed property where that construction is not an enlargement or replacement of an existing building: (King County 12-2006) 21 A-321 21A.38.090 ZONING a. The parking stall requirements are reduced 100 percent provided that: (1) the square footage of any enlargement or replacement of an existing building does not in total exceed 125 percent of the square footage of the existing building; (2) the building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved to urban standards as a capital improvement project, that accommodates on - street parking; and (3) there is no net decrease in existing off-street parking space_ b. the parking stall requirements are reduced 50 percent provided that: (1) the square footage of any enlargement or replacement of an existing building in total exceeds 125 percent of the square footage of the existing building; (2) the height of the enlarged or replacement building does not exceed the base height of the zone in which it is located; (3) the building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved as a capital improvement project, that accommodates on -street parking; and (4) there is no net decrease in existing off-street parking spaces, unless it exceeds the minimum requirements of subsection C.2.b. 3. The landscaping requirements of this title shall be waived, provided that: a_ street trees, installed and maintained by the adjacent property owner, shall be substituted in lieu of landscaping; and b. any portion of the overlay distract that directly abuts properties outside of the district shall provide, along said portions, a landscape buffer area no less than 50 percent of that required by this title. 4. The setback requirements of this title shall be waived, provided that: a. setback widths along any street forming a boundary of the overlay district shall comply with this title, and b. any portion of the overlay district that directly abuts properties outside of the district shall provide, along said portions, a setback no less than 50 percent of that required by this title. 5. The building height limits of this title shall be waived, provided that the height limit within 50 feet of the perimeter of the overlay district shall be 30 feet. 6. Signage shall be limited to that allowed within the CB zone. 7. The roadway improvements of the King County code shall be waived, provided a no -protest agreement to participate in future road improvement districts (RID) is signed by an applicant and recorded with the county. 8. The pedestrian circulation requirements of this title shall be waived. 9. The impervious surface and lot coverage requirements of this title shall be waived, 10. On I zoned lands that are designated in the comprehensive plan as unincorporated activity centers, conditional use permits shall not be issued where the resulting impacts such as noise, smoke, odor and glare would be inconsistent with the maintenance of nearby viable commercial and residential areas. D. For properties that have frontage on pedestrian street(s) or routes as designated in an applicable plan or area zoning process, the following conditions shall apply: 1. main building entrances shall be oriented to the pedestrian street; 2, at the ground floor (at grade), buildings shall be located no more than 5 feet from the sidewalk or sidewalk improvement, but in no instance shall encroach on the public right-of-way; 3. building facades shall comprise at least 75% of the total pedestrian street frontage for a property, and if applicable, at least 75% of the total pedestrian route frontage for a property; 4. minimum side setbacks of the underlying zoning are waived; S. building facades of ground floor retail, general business service, and professional office land uses, that front onto a pedestrian street or route shall include windows and overhead protection; 6. building facades, along a pedestrian street or route, that are without ornamentation, or are comprised of uninterrupted glass curtain walls or mirrored glass are not permitted; and 7. vehicle access shall be limited to the rear access alley or rear access street where such an alley or street exists. (Ord. 12823 § 6, 1997: Ord. 11566 § 1, 1994: 11351 § 1, 1994). (King County 12-2006) 21 A-322 GENERAL_ PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A.38.100 STANDARDS/SPECIAL DISTRICT OVERLAYS 21A.38.100 Special district overlay - CommerciaIli ndustrial. A. The purpose of the commercial/industrial special district overlay is to accommodate and support existing commercial/industrial areas outside of activity centers by providing incentives for the redevelopment of underutilized commercial or industrial lands and by permitting a range of appropriate uses consistent with maintaining the quality of nearby residential areas. B. The commercial/industrial special district overlay shall be designated only through the area zoning process and applied to areas substantially developed with a mix of commercial and light industrial uses and zoned CB, RB, O, or I. C. The standards of this title and other county codes shall be applicable to development within the commercialFindustrial special district overlay except as follows: 1. Legally -established commercial or industrial uses that exist within an area as of the effective date of legislation applying the commerciaUndustrial special district overlay, but that are not otherwise permitted by the zoning, shall be considered permitted uses upon only the lots that they occupied as of that date. 2. Permitted uses within the area of a commercial/industrial special district overlay shall include those uses permitted in the base zone applied therein as well as permitted uses as set forth in the I zone with the exception of the following: a. any use permitted in the I zone requiring a conditional use permit; b. auction houses; c. livestock sales; d. SIC Industry Group 201 (meat products); e. SIC Industry Group 202 (dairy products); f. SIC Industry Group 204 (grain mill products); g. SIC Industry Group 207 (fats and oils); h_ motor vehicle and boat dealers; 1. SIC Major Group 24 (lumber and wood products, except furniture) except 2431 (millwork) and 2434 (wood kitchen cabinets); j. SIC Industry Group 311 (leather tanning and finishing); k. SIC Major Group 32 (stone, clay, glass and concrete products); I. SIC Industry 3999 (manufacturing industries, not elsewhere classified) dressing of furs, fur stripping and pelts only; m. SIC Industry 7534 (tire retreading); n_ SIC Major Group 02 (agricultural production --livestock and animal specialties); o. SIC Industry 2951 (asphalt paving mixtures and blocks); p. resource accessory uses, and q. outdoor storage of equipment or materials occupying more than 25% of the site associated with: SIC Major Group 15 (building construction --contractors and operative builders), SIC Major Group 16 (heavy construction other than building construction --contractors), SIC Major Group 17 (construction —special trade contractors) and, SIC Industry 7312 (outdoor advertising services); provided, that such outdoor storage be visually screened from surrounding properties. 4. Uses permitted both by the base zone applied to the property and through the application of the commercial/industrial special district overlay shall be subject to the limitations on use found in the base zone in K.C.C. 21A.08 except for commerciallindustrial accessory uses to which the limitations on use in the base zone shall not apply. 5. The minimum parking requirements of this title shall be reduced as follows, provided that such reductions do not apply to new construction on vacant property or the vacant portions of partially -developed property where that construction is not an enlargement or replacement of an existing building: (King County 6-2006) 21A---323 21A.38.100 ZONING a. the parking stall requirements are reduced 100 percent provided that: (1) the square footage of any enlargement or replacement of an existing building does not in total exceed 125 percent of the square footage of the existing building; (2) the building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved to urban standards as a capital improvement project, that accommodates on - street parking; and (3) there is no net decrease in existing off-street parking space. b. the parking stall requirements are reduced 50 percent provided that: (1) the square footage of any enlargement or replacement of an existing building in total exceeds 125 percent of the square footage of the existing building; (2) the height of the enlarged or replacement building does not exceed the base height of the zone in which it is located; (3) the building fronts on an existing roadway improved to urban standards or a roadway programmed to be improved to urban standards as a capital improvement project, that accommodates on - street parking; and (4) there is no net decrease in existing off-street parking spaces, unless it exceeds the minimum requirements of subsection C.5,15. 6. The landscaping requirements of this title shall be waived, provided that: a. street trees, installed and maintained by the adjacent property owner, shall be substituted in lieu of landscaping; and b. any portion of the overlay district that directly abuts properties outside of the district shall provide, along said portions, a landscape buffer area no less than 50 percent of that required by this title. 7. The setback requirements of this title shall be waived, provided that: a_ setback widths along any street forming a boundary of the overlay district shall comply with this title; and b. any portion of the overlay district that directly abuts properties outside of the district shall provide, along said portions, a setback no less than 50 percent of that required by this title. 8_ The building height limits of this title shall be waived, provided that the height limit within 50 feet of the perimeter of the overlay district shall be 30 feet. 9. Signage shall be limited to that allowed within the CB zone. 10. The roadway improvements of the King County code shall be waived, provided a no -protest agreement to participate in future road improvement districts (RID) is signed by an applicant and recorded with the county. 11. The pedestrian circulation requirements of this title shall be waived. 12. The impervious surface and lot coverage requirements of this title shall be waived. D. The following standards shall be applicable to unincorporated activity centers as designated in the comprehensive plan and located within the commercial/industrial special district overlay: 1. For properties that have frontage on pedestrian street(s) or routes as designated in an applicable plan or area zoning process, except for gasoline service stations (SIC 5641) and grocery stores (SIC 5411) that also sell gasoline, the following conditions shall apply, a. main building entrances shall be oriented to the pedestrian street,- b. at the ground floor (at grade), buildings shall be located no more than 5 feet from the sidewalk or sidewalk improvement, but in no instance shall encroach on the public right-of-way; c. building facades shall comprise at least 75% of the total pedestrian street frontage for a property, and if applicable, at least 75% of the total pedestrian route frontage for a property; d, minimum side setbacks of the underlying zoning are waived; e. building facades of ground floor retail, general business service, and professional office land uses, that front onto a pedestrian street or route shall include windows and overhead protection; f. building facades, along a pedestrian street or route, that are without ornamentation, or are comprised of uninterrupted glass curtain wails or mirrored glass are not permitted; and g. vehicle access shall be limited to the rear access alley or rear access street where such an alley or street exists. (Ord. 12823 § 7, 1997: Ord. 11567 § 1, 1994). (King County 6-2006) 21A--324 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A.38.110 - 21A.38.120 STANDARDS/SPECIAL DISTRICT OVERLAYS 21A.38.110 Special district overlay - Fully contained community (FCC) purpose, designation, and implementation. A. the purpose of the FCC special district overlay is to provide a means to designate a limited number of areas which are uniquely appropriate for conversion to urban development on a large scale basis. B. In designating an overlay district, the Comprehensive Plan and area zoning shall: 1. Delineate FCC overlay district boundaries; and 2. Ensure that surrounding properties are classified with rural residential zoning consistent with community plan and comprehensive plan policies in order to restrict future urban development in the area solely to the FCC site. C. In designating an overlay district, the Comprehensive Plan and area zoning may: 1. Set a maximum or range of the number of dwelling units within the FCC; and 2_ Incorporate project description elements or requirements to the extent known, including but not limited to the following: conceptual site plan; mix of attached and detached housing; affordable housing goals and/or (programs; major transportation or other major infrastructure programs and FCC's participation therein; any other provision or element deemed appropriate- D. Implementation of the FCC shall be accomplished by complying with the standards and procedures set forth in 21A.39. (Ord. 12171 § 7, 1996). 21A.38.120 Special district overlay - Wetland management areas_ A. The purpose of the wetland management area special overlay district is to provide a means to designate certain unique and outstanding wetlands when necessary to protect their functions and values from the impacts created from geographic and hydrologic isolation and impervious surface. B. The following development standards shall be applied in addition to all applicable requirements of K.C.C. chapter 21A.24 to development proposals located within a wetland management area district overlay: 1. All subdivisions and short subdivisions on residentially zoned properties that are identified in an adopted Basin plan for impervious surface limitations, shall have a maximum impervious surface area of eight percent of the gross acreage of the plat. For areas that are not covered by an adopted basin plan, this limit shall apply to all residentially zoned lands located within the wetland management area. Distribution of the allowable impervious area among the platted lots shall be recorded on the face of the plat. Impervious surface of existing roads need not be counted towards the allowable impervious area. This condition may be modified by the director for the minimum necessary to accommodate unusual site access conditions; 2. All subdivisions and short subdivisions on properties identified in an adopted basin plan for clustering and setaside requirements shall be required to cluster away from wetlands or the axis of corridors along stream tributaries and identified swales connecting wetlands in order to minimize land disturbance and maximize distance from these sensitive features. At least sixty-five percent of affected portions of RA zoned properties and at least fifty percent of all other affected portions of the property shall be left in native vegetation, preferably forest, and placed in a permanent open space tract. In the absence of a basin plan, these requirements shall apply to all lands containing or adjacent to a wetland, a stream tributary corridor or a swale connecting wetlands; and 3. Clearing and grading activity from October 1 through March 31 shall meet the provisions of K.G.C. 16.82.150D wherever not already applicable_ (Ord. 13307 § 1, 1998: Ord. 12823 § 14, 1997: Ord_ 12809 § 5, 1997). (King County 6-2006) 21A-325 21A.38.130 - 21A.38.150 ZONING 21A.38.130 Special district overlay - agricultural production buffer. A. The purpose of the agricultural production buffer special district overlay is to provide a buffer between agricultural and upslope residential land uses. An agricultural production buffer special district overlay shall only be established in areas adjacent to an agricultural production district and zoned RA. B. The following development standard shall apply to residential subdivisions locating in an agricultural production buffer special district overlay: Lots shall be clustered in accordance with K.C.C. 21A.14.040 and at least seventy-five percent of a site shall remain as open space, unless greater lot area is required by the Seattle -King County department of public health. (Ord. 15032 § 50, 2004: Ord. 12823 § 8, 1997). 21A.38.140 Special district overlay - Residential infill. A. The purpose of the residential infill special district overlay is to require the consolidation of individual parcels as a single development project when a subdivision application of one or more acres is made_ A residential infill district overlay shall only be established in areas zoned R-8. B. The following development standards shall apply to uses locating in a residential infill district overlay: 1. Recreation and open space shall be sited adjacent to any existing utility right-of-way corridor(s) or recreation and open space wherever feasible; and 2. Pedestrian access shall be provided to adjacent utility right-of-way corridor(s) as found necessary by department staff. (Ord. 12823 § 9, 1997). 21A.38.150 Special district overlay - Ground water protection. A. The purpose of the ground water protection special district overlay is to limit land uses that have the potential to severely contaminate groundwater supplies and to provide increased areas of permeable surface to allow for infiltration of surface water into ground resources. B. For all commercial and industrial development proposals, at least 40 percent of the site shall remain in natural vegetation or planted with landscaping, which area shall be used to maintain predevelopment infiltration rates for the entire site. For purposes of this special district overlay, the following shall be considered commercial and industrial land uses: 1. amusementlentertainment land uses as defined by K.C.C. 21A.08.040 except golf facilities; 2. general services land uses as defined by K.C.C. 21A.08.050 except health and educational services, daycare 1, churches, synagogues, and temples; 3. governmentlbusiness services land uses as defined by K_C_C. 21A.08.060 except government services; 4. retail/wholesale land uses as defined by K.C_C_ 21A.08.070 except forest product sales and agricultural product sales; 5. manufacturing land uses as defined by K.C.C. 21A.08.080; and, 6. mineral extraction and processing land uses as defined by K.C.C. 21A.08.090_ C. Permitted uses within the area of the ground water protection special district overlay shall be those permitted in the underlying zone, excluding the following as defined by Standard Industrial Classification number and type: 1. SIC 4581, airports, flying fields, and airport terminal services; 2. SIC 4953, refuse systems, (including landfills and garbage transfer stations operated by a public agency); 3. SIC 4952, sewerage systems (including wastewater treatment facilities); and 4. SIC 7996, amusement parks; SIC 7948, racing, including track operation; or other commercial establishments or enterprises involving large assemblages of people or automobiles except where excluded by section B above; (King County 6-2006) 21 A-326 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A.38.150 - 21A.38.160 STANDARDSISPECIAL DISTRICT OVERLAYS 5. SIC 0752, animal boarding and kennel services; 6. SIC 1721, building painting services; 7. SIC 3260, pottery and related products manufacturing; 8. SIC 3599, machine shop services; 9. SIC 3732, boat building and repairing; 10. SIC 3993, electric and neon sign manufacturing; 11. SIC 4226, automobile storage services; 12. SIC 7334, blueprinting and photocopying services; 13. SIC 7534, tire retreading and repair services; 14. SIC 7542, car washes; 15. SIC 8731, commercial, physical and biological research laboratory services; 16. SIC 02, interim agricultural crop production and livestock quarters or grazing on properties 5 acres or larger in size; 17. SIC 0752, public agency animal control facility; 18, SIC 2230, 2260, textile dyeing; 19. SIC 2269, 2299, textile and textile goods finishing; 20. SIC 2700, printing and publishing industries; 21. SIC 2834, pharmaceuticals manufacturing; 22_ SIC 2844, cosmetics, perfumes and toiletries manufacturing; 23_ SIC 2893, printing ink manufacturing; 24. SIC 3000, rubber products fabrication; 25. SIC 3111, leather tanning and finishing; 26. SIC 3400, metal products manufacturing and fabrication; 27. SIC 3471, metal electroplating; 28. SIC 3691, 3692, battery rebuilding and manufacturing; 29, SIC 3711, automobile manufacturing; and 30. SIC 4600, petroleum pipeline operations. (Ord. 12823 § 10, 1997). 21A.38.160 Special district overlay -Aviation facilities. A. The purpose of the aviation facilities special district overlay is to protect existing non-commercial airports from encroaching residential development. An aviation facilities special district overlay shall only be established in the area up to 114 mile around airports and shall be zoned UR or RA. B. The following development standards shall apply to uses locating in aviation facilities special overlay districts: On the title of all properties within pending short subdivisions or subdivisions and binding site plans, the following statement shall be recorded and be shown to all prospective buyers of lots or homes: 'This property is located near the (name of airport) which is recognized as a legitimate land use by King County. Air traffic in this area, whether at current or increased levels, is consistent with King County land use policies provided it conforms to all applicable state and federal laws." (Ord_ 12823 § 11, 1997). (King County 6-2006) 21 A-327 21A.38.170 - 21A.38.180 ZONING 21A.38.170 Special district overlay - Urban aquifer protection area. A. The purpose of the urban aquifer protection area special district overlay is to provide additional protection for urban areas that are highly susceptible to ground water contamination. An urban aquifer protection area special district overlay shall only be established within areas designated in the comprehensive plan as highly susceptible to ground water contamination, including the surrounding area up to 112 mile, and zoned UR, R, NB, CB, O, and I. B. Permitted uses shall be those permitted in the underlying zone, excluding the following as defined by Standard Industrial Classification (SIC) number and type: 1. SIC 4953, refuse systems (including hazardous waste recycling or treatment and solid waste landfills); 2. SIC 461, pipelines, except natural gas (including petroleum pipelines); and 3. businesses maintaining open storage of toxic substances. C. New septic tank drainfield systems shall be prohibited. (Ord. 12823 § 12, 1997). 21A.38.180 Special district overlay - Highway -oriented development. A. The purpose of the highway -oriented development special district overlay is to ensure the compatibility of highway -oriented land uses adjacent to rural residential and resource land uses. A highway - oriented special district overlay shall only be established along existing or former state or U.S. highway route corridors and zoned RA, UR, NB, RB or I. B. Except in the RB zone at highway interchanges, permitted uses in the RA, UR, NB, RB or I zones shall be those in the underlying zone, excluding the following as defined by Standard Industrial Classification (SIC) number and type: 1. SIC 5812, eating places; and 2. SIC 5813, drinking places. C. Permitted uses in the RB zone at highway interchanges shall be limited to the following highway oriented commercial services for the traveling public, as defined by Standard Industrial Classification (SIC) number and type: 1. SIC 5411, grocery stores (including convenience stores); 2. SIC 5541, gasoline service stations; 3. SIC 5812, eating places; and 4_ SIC 7011, hotels and motels. D. The following development standards shall apply to uses located in highway -oriented overlay districts: 1. Business signs are limited to those allowed in the NB zone classification. Ground supported signs shall not exceed five feet in height. 2. Natural vegetation shall be retained wherever possible, and landscaping shall be used for screening. The following commercial screening matrix shall be applied where NB, RB and I zoned properties, and properties with potential NB, RB or I zoning, have common boundaries with rural or resource zoned lands. The purpose of this is to allow for adequate buffering between commercial or industrial and rural land uses. Commarnial 5rmpninn Matrix Commercial Property Zoning NB RB I Adjacent Property Zoning Neighborhood Business Regional Industrial Business RA Type I Buffer Type I Buffer Type I Buffer (Rural Area) 30' Depth 30' Depth 50' Depth F (Forest) Type I Buffer Type I Buffer J Type I Buffer A (Agricultural) 30' Depth 50' Depth 50' Depth (King County 6-2006) 21 A-328 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A.38.180 - 21A.38.200 STANDARDS/SPECIAL DISTRICT OVERLAYS 3. Primary vehicular access shall be from a principal arterial road. Secondary vehicular access shall be from a collector arterial road. 4. At the time of site plan review, the county may require additional right-of-way dedication to provide new roadways_ 5. Utilities in RB zones shall be placed underground_ 6. All uses shall be evaluated for impacts to ground water quality. (Ord. 12823 § 13, 1997). 21A.38.240 Special district overlay - Erosion hazards near sensitive water bodies. A. The purpose of the erosion hazards near sensitive water bodies special overlay district is to provide a means to designate sloped areas posing erosion hazards which drain directly to lakes or streams of high resource value which are particularly sensitive to the impacts of increased erosion and the resulting sediment loads from development. B. The following development standards shall be applied in addition to all applicable requirements of K.C.C_ 21A.24 to development proposals located within erosion hazards near a sensitive water bodies district overlay: 1. A no -disturbance area shall be established on the sloped portion of the special district overlay to prevent damage from erosion. Land clearing or development shall not occur in the no -disturbance area, except for the clearing activities listed in subsection a. Clearing activities listed in subsection a shall only be permitted if they meet the requirements of subsection b. a. Clearing activities may be permitted as follows: i. for the construction of single family residences on pre-existing separate lots; ii. for the construction of utility corridors to service existing development along existing rights -of - way including any vacated portions of otherwise contiguous rights -of -way; iii, for the construction of roads providing sole access to buildable property and associated utility facilities within those roadways; or iv. for the construction of development within an isolated no -disturbance area of two acres or less in size. The isolated no -disturbance area is either geologically separated from other no -disturbance areas or lies completely within a separate drainage subbasin and is, therefore, hydrologically isolated from the rest of the no -disturbance area. b_ The clearing activities listed in subsection a. may be permitted only if the following requirements are met: i. a report which meets the requirements of K.C.C. 21A.24.120 shall show that the clearing activities will not subject the area to risk of landslide or erosion and that the purpose of the no -disturbance area is not compromised in any way, ii. the clearing activities shall be mitigated, monitored and bonded consistent with the mitigation requirements applicable to sensitive areas regulated in K.C.C. 21A24; iii. the clearing activities are limited to the minimal area and duration necessary for construction; and iv. the clearing activities are consistent with K.C.C. 21A.24. 2. The upslope boundary of the no -disturbance area lies at the first obvious break in slope from the upland plateau over onto the steep valley walls. The downslope boundary of this zone includes those areas designated as erosion or landslide hazard areas pursuant to K.C.C. 21A.24.220 and 21A.24.280. The sensitive areas folio indicates the general location of these hazard areas, but it cannot be used to specify the areas' precise boundaries. Maps of the approximate boundaries of these no -disturbance zones shall be available at the department. Single family or multi -family residential density from the no -disturbance area may be reallocated onto any buildable portion of the site pursuant to K.C.C. 21A_12.080, or transferred to other sites pursuant to K.C.C. 21A.36; (King County 12-2006) 21 A-329 21A.38.200 - 21A.38,210 ZONING 3. New development proposals for sites which drained predeveloped runoff to the no -disturbance zone shall evaluate the suitability of onsite soils for infiltration. All runoff from newly constructed impervious surfaces shall be retained on -site unless this requirement precludes the ability to meet minimum density requirements in K.C.C. 21A.12. When minimum density cannot be met, runoff shall be retained on -site as follows: a. Infiltration of all site runoff shall be required in granular soils as defined in the King County Surface Water Design Manual. b. Infiltration of downspouts shall be required in granular soils and in soil conditions defined as allowable in the Surface Water Design Manual when feasible to fit the required trench lengths onsite; c. When infiltration of downspouts is not feasible, downspout dispersion trenches shall be required when minimum flow paths defined in the Surface Water Design Manual can be met onsite or into adjacent open space; and d. When dispersion of downspouts is not feasible, downspouts shall be connected to the drainage system via perforated pipe. 4_ For the portions of proposed subdivisions, short subdivisions and binding site plans that cannot infiltrate runoff up to the 100-year peak flow, at least 25 percent shall remain undisturbed and set aside in an open space tract consistent with K.C.C. 21A24.150-180; and 5. For the portions of all development proposals that cannot infiltrate runoff up to the 100-year peak flow, no more than 35 percent of the gross site area shall be covered by impervious surfaces. For new subdivisions and short subdivisions, maximum lot coverage should be specked for subsequent residential building permits on individual lots, 6_ If the application of this section would deny all reasonable use of property, the applicant may apply for a reasonable use exception pursuant to K.C.C. 21A.24.0708. 7. The director may modify the property specific development standards required by 6.1 through B_5 of this section, when a development proposal complies with the following: a. The proposed development is subject to public/private partnerships such as an approved community block grant or other such water quality program designed to improve water quality in the basin, b. The proposed development is designated by King County, in consultation with the Lake Sammamish Management Committee, as a demonstration project designed to implement best management practices and state of the art technology that assures the greatest possible improvement to water quality, and c. A site specific study is conducted by the applicant and approved by the director, which demonstrates that the proposed development substantially increases water quality by showing the following: (1) water quality on -site is improved; (2) the development project will not subject downstream channels to increased risk of landslide or erosion; (3) the development project will not subject the nearest sensitive water body to additional erosion hazards; and (4) the project is consistent with element a. and b. above, and provides predictable improvements to the water quality of Lake Sammamish. (Ord. 12823 § 15, 1997). 21A.38.210 Special district overlay - heron habitat protection area. A. The purpose of the heron habitat protection area special district overlay is to provide a means to designate areas that provide essential feeding, nesting and roosting habitat for identified great blue heron rookeries_ A district overlay will usually contain several isolated areas of known heron habitat in the general region surrounding the heron rookery. B. The following development standards shall be applied in addition to all applicable requirements of K.C.C. chapter 21A.24 and Title 25 to development proposals located within a heron habitat protection area district overlay: (King County 12-2006) 21A-330 GENERAL PROVISIONS - PROPERTY -SPECIFIC DEVELOPMENT 21A.38.210 STANDARDSISPECIAL DISTRICT OVERLAYS 1. The following conditions shall apply to the wetland or along the main channel of the stream riparian zone containing the heron rookery (tributary streams are excluded): a. The one -hundred -year floodplain shall be left undisturbed. Development proposals on individual lots shall require the one -hundred -year floodplain to retain the native vegetation and be placed in a county -approved conservation easement or notice shall be placed on the title of the lot. The notice shall be approved by King County and filed with the records, elections and licensing services division. The notice shall inform the public of the presence and location of the floodplain and heron habitat on the property and that limitations on actions in or affecting the area exist. Subdivisions, short subdivisions and binding site plans shall require the one -hundred -year floodplain to retain the native vegetation and be placed in a critical areas tract, to be dedicated to the homeowner's association or other legal entity that assumes maintenance and protection of the tract. Determination of the floodplain shall be done for each permit application based on actual field survey using county -approved floodplain elevations; b. There shall be a six -hundred -sixty -foot radius buffer maintained around the periphery of the great blue heron rookery. If the critical areas and buffers are not adequate to provide the radius, then the buffer shall be expanded to meet the requirement. A rookery and its buffer shall be designated as critical area tract, easement or noticed on title as required in this subsection; and c. All access shall be restricted under nest trees from February 15 to July 31 and noted on signage at the floodplain or buffer edge, whichever is further from the rookery. Access may be further restricted with fencing or dense plantings with native plant material approved by the county. All developments in R-12 or higher density zones shall restrict access and provide an interpretive sign that provides information about the stream or wetland and its wildlife, biological, and hydrological functions. All signs shall be consistent with critical area signage requirements and subject to review and approval of the county; 2. Subdivisions, short subdivisions, binding site plans, site development permits or other commercial or multifamily permits adjacent to stream reaches and wetlands designated on the heron habitat protection area district overlay map, shall provide buffers that are fifty feet greater than required pursuant to K,C.C. chapter 21A.24 along those streams and wetlands to provide habitat for herons. This additional fifty - foot buffer shall be planted with dense native plant material to discourage human intrusion into feeding or nesting and roosting areas. Plantings shall be reviewed and approved by the department. If conformance with the additional buffer requirement results in an unbuildable lot, then the minimum variation necessary to accommodate the proposed development shall be determined in consultation with county biologists and be reviewed and approved by the department; 3. Along the shoreline of lakes and river corridors included in the heron habitat protection area, all subdivisions, short subdivisions, binding site plans, site development permits or other commercial or multifamily permits shall provide a fifty -foot buffer in addition to required shoreline setbacks of K.C.C. Title 25 and chapter 21A.24. Along the shoreline of the major rivers (Sammamish, Green, Cedar, Snoqualmie, Snohomish, Skykomish and White rivers), the setback requirement may be waived if a special wildlife study shows no great blue heron nesting, roosting and feeding areas on the site. These studies shall be done by a wildlife biologist and approved by county biologists. This additional fifty -foot buffer shall be planted with dense native plant material to discourage human intrusion into feeding or nesting and roosting areas. Plantings shall be reviewed and approved by the department; and 4. New docks, piers, bulkheads and boat ramps constructed within the heron habitat protection area shall mitigate for loss of heron feeding habitat by providing enhanced native vegetation approved by the county adjacent to the development or between the development and the shoreline. Bulkheads shall be buffered from the waters edge by enhanced plantings of native vegetation approved by the county. (Ord. 15606 § 26, 2006: Ord. 12823 § 16, 1997). (King County 12-2006) 21A-331 21 A.38.240 ZONING 21A.38.240 Special district overlay - floodplain density. A. The purpose of the floodplain density special district overlay is to provide a means to designate areas that cannot accommodate additional density due to severe flooding problems. This district overlay limits development in critical areas to reduce potential future flooding. B. The following development standards shall be applied to all development proposals on RA-5 zoned parcels located within a floodplain density special district overlay: 1. Density is limited to one home per ten acres for any property that is located within a critical area: and 2. All development shall be clustered outside of the identified critical areas, unless the entire parcel is a mapped critical area. (Ord. 15606 § 27, 2006: Ord. 12823 § 19, 1997)_ (King County 12-2006) 21 A-332 n a rn N i a w GENERAL PROVISIONS - URBAN PLANNED DEVELOPMENTS 21A.39 Chapter 21 A.39 GENERAL PROVISIONS - URBAN PLANNED DEVELOPMENTS Sections: 21A.39.010 Urban Planned Development (UPD) permit - Purpose. 21A,39.020 UPD permit - application and review process. 21A.39.030 PD permit - conditions of approval. 21A.39.040 UPD permit - Development agreement. 21A.39.050 UPD standards - Land uses. 21A.39.060 UPD standards - Affordable housing. 21A.39.070 UPD standards - On -site recreation. 21A_39.080 UPD standards - Transportation, road and school adequacy_ 21A.39.090 UPD standards - Water and sewer service. 21A.39.100 UPD standards - Road design, 21A.39.110 UPD standards - Storm water management design. 21A.39.120 UPD standards -Applicability of other zoning code provisions. 21A.39.130 Latecomer agreements and fair share. 21A.39.200 Fully contained community (FCC) - Permit. (King County 12-2006) 21 A-333 BLANK 21A---334 GENERAL PROVISIONS - URBAN PLANNED DEVELOPMENTS 21A.39.010 - 21A.39.020 21A.39.010 Urban Planned Development (UPD) permit - Purpose. The purpose of the urban planned development (UPD) permit process and standards set out in this chapter is to: A. Establish the UPD permit as the mechanism for standardized and consolidated review to implement a UPD; B. Establish conditions for the UPD to be complied with by all subsequent land use approvals implementing the UPD; C. Coordinate infrastructure and project phasing to the adequacy of public services; D. Implement open space protection specifically tailored to the UPD; E. Establish a specific range and intensity of land uses for the UPD, tailored to fit the site; and F. Provide diversity in housing types and affordability within UPDs. G. Promote site design that it supports and encourage the use of transit. (Ord. 10870 § 582, 1993). 21A.39.020 UPD permit - application and review process. A. King County shall accept an application for an UPD permit only in areas designated urban by the comprehensive plan and contained within the boundaries of UPD Special District Overlays designated by a community plan or comprehensive plan, provided that density transfer from adjacent rural lands is allowed as provided for in K.C.C. chapter 21A.36. B. A UPD permit application, or modifications of an approved UPD permit that requires council review, shall be reviewed pursuant to the hearing examiner process outlined in K.C.C. chapter 21A.42, provided that: 1. The review of the UPD permit application shall not be completed until applicable sewer and/or water comprehensive utility plans or plan amendments are identified; 2. A UPD permit may be processed concurrently with any application for a subsequent development approval implementing the UPD permit. C. A processing memorandum of understanding (MOU) shall be adopted containing any of the following elements: 1. Schedule for processing including timelines for EIS, drainage master plan, UPD permit hearings, plats or other permits or approvals; 2. Budget for permit processing and review; 3. Establishment of a core UPD review team with one representative from each county department having a principal UPD permit review role. The department responsible for coordinating review of the UPD shall enter into memorandums of understanding with other county departments specifying special tasks and timetables consistent with the schedule for performance by each department and/or independent consulting; 4. Retention of a third -party facilitator at the applicant's cost to assist the county's review; 5. Establishment of baseline monitoring requirements and design parameters that are to apply under existing law during the UPD application and review process; 6. Final scope for EIS, that shall be adjusted for adopted county substantive environmental or mitigation requirements that will apply to the UPD permit such as K.C.C. chapter 21A.24, the SWM Manual, road and school adequacy standards, impact fee or mitigation programs or other adopted standards. D. The processing MOU shall be completed initially within ninety days after the request by a UPD permit applicant, unless the county and applicant agree to a different time. If the county and applicant have not reached agreement within ninety days, then either may request final resolution of the processing MOU by a committee consisting of the directors of the departments of transportation, development and environmental services, and natural resources and parks; E. The county shall prepare a a UPD application form consistent with the information required under K.C.C. 21A.39.030, that shall take into account that detailed information that may not be available at the time of the application will be developed through the environmental impact statement and review process. (Ord. 15606 § 28, 2006: Ord. 14199 § 238, 2001: Ord. 11621 § 101, 1994: Ord. 10870 § 583, 1993). (King County 12-2006) 21 A-335 21 A.39.030 ZONING 21A.39.030 UPD permit - conditions of approval. A_ In approving a UPD permit, conditions of approval shall at a minimum establish: 1. A site plan for the entire UPD showing locations of critical areas and buffers, required open spaces, UPD perimeter buffers, location and range of densities for residential development and location and size of nonresidential development; 2. The expected buildout time period for the entire project and the various phases; 3. Project phasing and other project -specific conditions to mitigate impacts on the environment, on public facilities and services including transportation, utilities, drainage, police and fire protection, schools and parks; 4. Affordable housing requirements; 5. Road and storm water design standards that shall apply to the various phases of the project; 6. Bulk design and dimensional standards that shall be implemented throughout subsequent development within the UPD; 7. The size and range of uses authorized for any nonresidential development within the UPD; 8. The minimum and maximum number of residential units for the UPD; and 9_ Any or both sewer and water comprehensive utility plans or amendments required to be completed before development can occur; and 10. Provisions for the applicant's surrender of an approved UPD permit before commencement of construction or cessation of UPD development based upon causes beyond the applicant's control or other circumstances, with the property to develop thereafter under the base zoning in effect prior to the UPD permit approval. B. A UPD permit and development agreement may allow development standards different from those otherwise imposed under the King County Code, including, but not limited to, K.C.C. 21A.39.050, 21A.39.060, 21A.39.070, 21A.39.080, 21A.39.090, 21A.39.100, 21A.39.110 and 21A.39.120, in order to provide flexibility to achieve public benefits, respond to changing community needs, and encourage modifications that provide the functional equivalent or adequately achieve the purposes of county standards. Any approved development standards that differ from those in the King County Code shall not require any further zoning reclassification, variance from King County standards or other county approval apart from the UPD permit approval. The development standards as approved through the UPD permit and development agreement shall apply to and govern the development and implementation of each UPD site in lieu of any conflicting or different standards or requirements elsewhere in the King County Code, C. Subsequently adopted standards that differ from those of the UPD permit shall apply to the UPD only where necessary to address imminent public health and safety hazards or where the UPD permit specifies a time period or phase after which certain identified standards can be modified. Determination of the appropriate standards for future phases that are not fully defined during the initial approval process may be postponed. Building permit applications shall be subject to the building codes in effect when the permit is applied for, D. An approved UPD permit, including site plan elements or conditions of approval, may be amended or modified at the request of the applicant or the applicant's successor in interest designated by the applicant in writing. The director may administratively approve minor modifications to an approved UPD permit. Modifications that do not qualify as minor shall be deemed major modifications and shall be reviewed in the same manner as that in K_C.C. 21A.39.020 for new UPD permit applications. Any increase in the total number of dwelling units in a UPD above the maximum number in the approved UPD permit, or any decrease in the minimum density for residential areas of the UPD (exclusive of roads and critical areas), shall be deemed major modifications. The county through the development agreement for an approved UPD may specify additional criteria for determining whether proposed modifications are major or minor, E Unless otherwise provided for through the UPD permit approval, and subject to any appropriate credits for fees paid or facilities provided by the UPD, applicable impact fee payment requirements shall be those that are in effect when subsequent implementing approvals such as subdivision applications, binding site plans, building permits or other approvals are applied for. (Ord. 15606 § 29, 2006: Ord. 11700 § 43, 1995: Ord. 10870 § 584, 1993). (King County 12-2006) 21 A-336 GENERAL PROVISIONS - URBAN PLANNED DEVELOPMENTS 21A.39.040 - 21A.39.060 21A.39.040 UPD permit - Development agreement. The conditions of UPD permit approval shall be attached to a development agreement that is: A. Signed by King County executive and all property owners within the UPD in a form acceptable to King County. B_ Binding on all property owners and their successors to develop a UPD only in accordance with the conditions of the UPD permit, but subject to surrender or cessation of the UPD permit and development as provided in 21A.39.030A.10. C. Recorded with King County division of records prior to the effective date of the UPD permit or any development proposal which was submitted and reviewed concurrently with the UPD permit application. (Ord. 10870 § 585, 1993). 21A.39.050 UPD standards - Land uses. A. Except as required by subsections B and C, a UPD may contain any non-residential use set out in the K.C.C_ 21A.08 (Land Use Tables) when approved as part of the UPD permit. Any non- residential use shall be subject to any applicable UPD conditions contained in the development agreement that limits the scope or intensity of such use. B. The primary land use shall be residential and shall be provided as follows: 1. The base density of the UPD shall be that of the zone set for the site were it to not develop with a UPD, applied to the entire site including portions proposed for nonresidential uses. 2. The minimum density of the UPD shall be not less than the minimum residential density of the underlying zoning calculated for the portion of the site to be used for residential purposes, pursuant to the methodology outlined in K.C.C. 21A.12, and 3. The maximum density of the UPD shall be determined by the council in the UPD permit, subject to any maximum density set out in the community plan or comprehensive plan which designated the UPD special district overlay, C. UPDs shall at a minimum: 1. Provide retail/commercial areas at a rate of one acre per 2500 projected UPD residents, or 2. Demonstrate that existing or potential commercial development within one quarter mile of UPD boundaries will meet the convenience shopping needs of UPD residents. (Ord. 11621 § 102, 1994: Ord. 10870 § 586, 1993). 21A.39.060 UPD standards -Affordable housing. A. Exclusive of dwelling units from the density bonus provisions, at least 30 percent of the residential units in each phase shall be affordable housing units defined and allocated as follows: 1. Ten percent of the affordable housing units shall be affordable to households at an income level: a. below 80 percent of the median household income for ownership units, and/or b. below 50 percent of the median household income for rental units. c. housing affordable for households at this level of median income will be required in any phase only if publicly funded or private non-profit programs for such housing are available, provided that the developer sets aside sufficient land for a period of up to five years. That period shall begin with approval of the final plat for each subdivision containing any land set aside for low income housing. If during that period, programs become available, the developer shall cooperate with the public agency or private non-profit for the development of such housing. d, 9 housing funds do not become available by the end of the five year period the land shall be released for other development consistent with the UPD. The Overall requirement for units available to below 80 or 50 percent of median income households, whichever is applicable, shall be reduced by the number for which the five year period has elapsed and the overall requirement for units available to households between 80 to less than 100 percent (ownership units) or 50 to less than 80 percent (rental units) of median income shall be increased by the same number. (King County 6-2006) 21 A-337 21A.39.060 - 21A.39.120 ZONING 2. Ten percent of the affordable housing units shall be affordable to households at an income level: a. between 80 and less than 100 percent of the median household income for ownership units, and/or b. between 50 and less than 80 percent of the median household income for rental units; 3_ Ten percent of the affordable housing units shall be affordable to households at an income level: a, between 100 and 120 percent of the median household income for ownership units; and/or b. between 80 and 100 percent of the median household income for rental units; and 4. The formula for determining median income for King County and affordable monthly housing payments based on a percentage of this income shall be determined at the time of the UPD permit approval. B. The affordable housing units that are owner -occupied shall be resale restricted to same income group (based on typical underwriting ratios and other lending standards) for 15 years from date of first sale. Renter occupied units shall be restricted for thirty years to ensure continuing affordability for households of the applicable income level. (Ord. 10870 § 587, 1993). 21A.39.070 UPD standards - On -site recreation. The UPD shall provide the amount of on -site recreation required pursuant to K.C.G. 21A.14. (Ord, 10870 § 588, 1993). 21A.39.080 UPD standards - Transportation, road and school adequacy. A. Transportation, and school adequacy impacts relative to the standards set forth in K.C.C. 21A.28 shall be evaluated based on complete development of the total site area in the UPD permit application. B. Required facility construction and dedication and other mitigation measures may be phased in conjunction with subsequent land use approvals consistent with their proportion of the total project impacts. (Ord. 10870 § 589, 1993). 21A.39.090 UPD standards -Water and sewer service. A. All UPDs shall be served with public water and sewer systems that: 1. Comply with applicable comprehensive utility plans, and 2. Are in place at the time said service is needed for the UPD or any completed phase thereof. B. The UPD shall provide all on -site and off -site improvements and additions to water and sewer facilities required to support the UPD, at the expense of the UPD, which may include developer extension agreements (latecomer provision), UDs or other capital facility financing. (Ord. 10870 § 590, 1993). 21A.39.100 UPD standards - Road design. The road design standards applied to subsequent land use actions which implement the UPD shall be such standards in effect at the time of UPD permit approval, except when new standards are specifically determined by the King County council to be necessary for public safety. (Ord. 10870 § 591, 1993). 21A.39.110 UPD standards - Storm water management design. The SWM design standards in effect at the time of UPD permit approval shall be applied to subsequent land use actions which implement the UPD except when new standards are specifically determined by the King County council to be necessary for public safety_ (Ord. 10870 § 592, 1993). 21A.39.120 UPD standards - Applicability of otherzoning code provisions. A. Except as may be specified in the UPD permit conditions, all developments and uses on the UPD site proposed subsequent to the UPD permit approval shall comply with all the other applicable provisions of this title. B. Except as may be otherwise specified in the UPD permit conditions the development standards for the UPD shall be as follows: 1. Individual residential subareas shall use the standards of the zone that is closest in density to the proposed subarea development; and 2. Commercial or industrial uses shall be subject to the standards of CB zone, (Ord. 10870 § 593, 1993). (King County 6-2006) 21 A-338 GENERAL PROVISIONS - URBAN PLANNED DEVELOPMENTS 21A.39.130 - 21A.39200 21A.39.130 Latecomer agreements and fair share. If the UPD provides more than its fair share contribution, to infrastructure improvements or public services including but not limited to roads, sewers, water, fire, police, schools or park and recreation facilities, then the UPD shall receive latecomer fees, offsets, credits, reductions, or other adjustments to reflect the UPD's fair share obligations. (Ord. 10870 594, 1993), 21A.39.200 Fully contained community (FCC) - Permit. A. King County shall accept an application for a FCC permit only in areas designated as a FCC by the Comprehensive Plan and contained within the boundaries of a FCC special district overlay designated by the area zoning implementing the Comprehensive Plan, B. In order to be approved, a proposed FCC permit shall comply with the provisions relating to urban planned development permits in King County Code 21A.39.020B and C and 21A.39.030 through 21A.39.130, except that a proposed FCC shall comply with the following additional standards: 1. New infrastructure (including transportation and utilities infrastructure) is provided for and impact fees are established and imposed on the FCC consistent with the requirements of RCW 82.02.050-1 2. Transit -oriented site planning and traffic demand management programs are implemented in the FCC. Pedestrian, bicycle, and high occupancy vehicle facilities are given high priority in design and management of the FCC; 3. Buffers are provided between the FCC and adjacent urban and low -density residential development. Buffers located on the perimeter boundaries of the FCC delineated boundaries, consisting of either landscaped areas with native vegetation or natural areas, shall be provided and maintained to reduce impacts on adjacent lands; 4. A mix of uses is provided to offer jobs, housing, and services to the residents of the new FCC. No particular percentage formula for the mix of uses is required. Instead, the mix of uses for an FCC shall be evaluated on a case -by -case basis, in light of the geography, market demand area, transportation patterns, and other relevant factors affecting the proposed FCC. Service uses in the FCC may also serve residents outside the FCC, where appropriate; 5. Affordable housing is provided within the new FCC for a broad range of income levels, including housing affordable by households with income levels below and near the median income for King County; 6. Environmental protection has been addressed and provided for in the new FCC, at levels at least equivalent to those imposed by adopted King County environmental regulations; 7. Development regulations are established to ensure urban growth will not occur in adjacent nonurban areas. Such regulations shall include but are not limited to rural zoning of adjacent rural areas, urban planned development permit conditions requiring sizing of FCC water and sewer systems so as to ensure urban growth will not occur in adjacent nonurban areas; and/or urban planned development permit conditions prohibiting connection by property owners in the adjacent rural area (excepting public school sites) to new FCC sewer and water mains or lines; 8. Provision is made to mitigate impacts of the FCC on designated agricultural lands, forest lands, and mineral resource lands; and 9. The plan for the new FCC is consistent with the development regulations established for the protection of critical areas of King County pursuant to RCW 36.70A.170. C. If an applicant utilizes the procedural provisions of this section of King County Code 21A.39, any previously submitted urban planned development permit applications are deemed the equivalent of and accepted as complete applications for a FCC permit under this chapter. D. If the Comprehensive Plan designates more than one FCC site within a FCC area, the FCC applications may be submitted and reviewed independently unless a combined review is requested by the owners of the proposed FCC sites. If FCC permits on adjoining properties within the designated FCC area are considered in combined review, then the applicants can request that the criteria specified in K.C.C. 21A.39.200 be applied to the combined area and uses within the two adjoining fee permit sites. In applying the FCC criteria of K.C.C. 21A.39.200 B to an FCC permit, the county shall consider the uses and other characteristics of any existing FCC permit on an adjoining site within the FCC area. (King County 6-2006) 21 A-339 21A.39.200 ZONING E. Approved urban planned developments. Any approved urban planned development can proceed with development consistent with the terms of the recorded development agreement or, at the owner's election, may request king County to review and issue an FCC permit. The additional review process shall follow the processing requirements for a FCC but would incorporate the prior urban planned development permit file and prior proceedings and would be limited to determining whether there is a basis for the additional findings and conclusions necessary for a FCC permit beyond those required for an urban planned development. (Ord. 12171 § 8, 1996). (King County 6-2006) 21 A-340 ('} 2 a rn N a 0 APPLICATION REQUIREMENTS/NOTICE METHODS 21AA0.070 Chapter 21A.40 APPLICATION REQUIREMENTS/NOTICE METHODS Sections: 21A.40.070 Applications - Limitations on refiling of applications. 21A.40.070 Applications - Limitations on refiling of applications. Upon denial by the council of a zone reclassification or a special use permit, no new application for substantially the same proposal shall be accepted within one year from the date of denial. (Ord. 10870 § 602, 1993). (King County 6-2006) 21 A 341 BLANK 21 A-342 C) 2 a m a COMMERCIAL SITE DEVELOPMENT PERMITS 21A.41 Chapter 21A.41 COMMERCIAL SITE DEVELOPMENT PERMITS Sections: 21A.41.010 Purpose. 21A.41.020 Applicability, 21A.41.050 Public comments. 21A.41.060 Application of development standards. 21A.41.070 Approval. 21A.41.080 Financial guarantees. 21A.41.100 Limitation of permit approval. 21A.41.110 Modification to an approved permit. 21A.41.120 Administrative rules. 21 A-343 (King County 6-2006) BLANK 21 A-344 COMMERCIAL_ SITE DEVELOPMENT PERMITS 21A.41.010 - 21A.41,070 21A.41.010 Purpose. The purpose of this chapter is to establish an optional comprehensive site review process of proposed commercial development resulting in a permit which can combine any or all of the following: A. Site development requirements specified prior to building and/or grading permit applications. B. Site review and application of rules and regulations generally applied to the whole site without regard to existing or proposed internal lot lines. C_ Site development coordination and project phasing occurring over a period of years. D. Evaluation of commercially and industrially zoned property for the creation or alteration of lots when reviewed concurrently with a binding site plan application. (Ord. 11621 § 120, 1994). 21A.41.020 Applicability. A. An application for commercial site development permit may be submitted for commercial development projects on sites consisting of one (1) or more contiguous lots legally created and zoned to permit the proposed uses. B. A commercial site development permit is separate from and does not replace other required permits such as conditional use permits or shoreline substantial development permits. A commercial site development permit may be combined and reviewed concurrently with other permits. (Ord, 11621 § 121, 1994)_ 21A.41.050 Public comments. All public comments shall be in writing and signed, shall reference the proposed commercial site development permit application, and shall include the full name, address and telephone number of the person commenting. All comments shall be received within the designated comment period. The designated comment period shall commence on the day following publication or posting of the application notice and shall terminate at 4:30 p.m. on the fifteenth (15th) day thereafter. If the department determines that application notice shall be published as well as posted, the department shall make every attempt to have the comment periods run concurrently. If, however, more than one method of notification is used, the termination date shall be calculated from the last notification date. if the fifteenth (15th) day is a non -work day for the county, the designated comment period shall cease at 4:30 p.m_ on the next county work day immediately following the fifteenth (15th) day. (Ord. 11621 § 124, 1994)_ 21A.41.060 Application of development standards. An application for commercial site development permit shall be reviewed pursuant to chapter 43,21C RCW, SEPA as implemented by WAC 197-11; K.C.C_ 9.04, Surface Water Management; K.C.C. 14.42, Road Standards; K.C.C. 16.82, Grading; K.C.C. Title 17, Fire Code; K.C.C. 20.44, County Environmental Procedures; K.C.C. Title 21A, Zoning; K.C.C. Title 25, Shoreline Management; administrative rules adopted pursuant to K.C.C_ 2.98 to implement any such code or ordinance provision; King County board of health rules and regulations; county approved utility comprehensive plans; conformity with applicable P-suffix conditions. Lot -based standards, such as internal circulation, landscaping signage and setback requirements, are typically applied to each individual lot within the site. However, the director may approve an application for commercial site development where such standards have been applied to the site as if it consisted of one parcel. Lot -based regulations shall not be waived altogether. The director may modify lot -based or lot line requirements contained within the building, fire and other similar uniform codes adopted by the county, provided the site is being reviewed concurrently with a binding site plan application. (Ord. 13022 § 31, 1998: Ord. 11621 § 125, 1994). 21A.41.070 Approval. A. The director may approve, deny, or approve with conditions an application for a commercial site development. The decision shall be based on the following factors: 1_ Conformity with adopted county and state rules and regulations in effect on the date the complete application was filed, including but not limited to those listed in section 21A_41.060. 2. Consideration of the recommendations or comments of interested parties and those agencies having pertinent expertise or jurisdiction, consistent with the requirements of this title. (King County 6-2006) 21 A-345 21A.41.070 - 21A.41.120 ZONING B. Subsequent permits for the subject site shall be issued only in compliance with the approved commercial site development plan. Additional site development conditions and site review will not be required for subsequent permits provided the approved plan is not altered. C. Approval of the proposed commercial site development shall not provide the applicant with a vested right to build without regard to subsequent changes in the building and fire codes listed in K.C.G. 16.04 and 17.04 regulating construction. D. The director shall mail a copy of the decision to the applicant and any other person who has presented written comment to the department. (Ord. 11621 § 126, 1994). 21A.41.080 Financial guarantees. Performance guarantees consistent with the provisions of Title 27A may be required to assure that development occurs according to the approved plan. (Ord. 12020 § 55, 1995: Ord. 11621 § 127, 1994). 21A.41.100 Limitation of permit approval. A. A commercial site development permit approved without a phasing plan shall be null and void if the applicant fails to file a complete building permit application(s) for all buildings within three years of the approval date, or by a date specified by the director, and fails to have all valid building permits issued within four years of the commercial site development permit approval date; or B. A commercial site development permit approved with a phasing plan shall be null and void if the applicant fails to meet the conditions and time schedules specified in the approved phasing plan. (Ord. 11621 § 129, 1994). 21A.41.110 Modification to an approved permit. A subsequent building permit application may contain minor modifications to an approved commercial site development plan provided a modification: does not increase the building floor area by more than 10%; does not increase the number of dwelling units; does not increase the total impervious surface area, provided that, relocatable facilities for schools shall be exempt from this restriction; does not result in an insufficient amount of parking and/or loading; does not locate buildings outside an approved building envelope, provided that, relocatable facilities for schools shall be exempt from this restriction; does not change the number of ingress and egress points to the site; does not significantly increase the traffic impacts of peak hour trips to and from the site; does not significantly increase the quantity of imported or exported materials or increase the area of site disturbance. Modifications which exceed the conditions of approval as stated in this section and require a new review as determined by the director shall only be accomplished by applying for a new commercial site development permit for the entire site. The new application shall be reviewed according to the laws and rules in effect at the time of application. (Ord. 11621 § 130, 1994). 21A.41.120 Administrative rules. The director may promulgate administrative rules and regulations pursuant to K.C.C. 2.98, to implement the provisions and requirements of this chapter. (Ord. 11621 § 131, 1994). (icing County 6-2006) 21 A-346 2 a -o rn N n N REVIEW PROCEDURES/NOTICE REQUIREMENTS 21A.42 Chapter 21A.42 REVIEW PROCEDURESINOTICE REQUIREMENTS Sections: 21A.42.030 Code compliance review — decisions and appeals. 21A.42.040 Director review —actions subject to review. 21A.42.080 Director review — Decision regarding development proposal — rules_ 21A.42.090 Director review - Decision final unless appealed. 21A.42.100 Examiner review -- zone reclassification, shoreline environment redesignation, urban plan developments, special use permits, amendment or deletion of P-suffix conditions, plat vacations and short plat vacations. 21A.42.110 Combined review. 21A.42.130 Records. 21A.42.140 Review process for high schools. 21A_42.150 Modifications and expansions of uses or developments authorized by existing land use permits - Permits defined. 21A.42.160 Modifications or expansions of uses or developments authorized by existing land use permits - When use now permitted outright. 21A.42.170 Modifications or expansions of uses authorized by existing land use permits - Required findings. 21A.42.180 Modifications and expansions - use or development authorized by an existing planned unit development approval. 21A.42.190 Modifications and expansions - uses or development authorized by existing conditional use, special use or unclassified use permits. (King County 12-2006) 21 A-347 21 A-348 REVIEW PROCEDURES/NOTICE REQUIREMENTS 21A.42.030 - 21A.42.090 21A.42.030 Code compliance review — decisions and appeals. A. The department shall approve, approve with conditions, or deny development proposals based on compliance with this title and any other development condition affecting the proposal. B. K.C.C. chapter 20.20 applies to appeals of decisions on development proposals. (Ord. 15051 § 219, 2004: Ord_ 10870 § 611, 1993). 21A.42.040 Director review — actions subject to review. The following actions shall be subject to the director review procedures in this chapter: A. Applications for variances, exceptions under K.C.C. 21A.24.070, and conditional uses; and B. Periodic review of mineral extraction operations. (Ord. 15051 § 220, 2004: Ord. 12196 § 55, 1996: Ord. 11621 § 105, 1994: Ord. 10870 § 612, 1993). 21A.42.080 Director review — decision regarding development proposal — rules. A. Decisions regarding the approval or denial of development proposals, excluding periodic review of mineral extraction operations, subject to director review shall be based upon compliance wish the required showings of K.C.C. chapter 21A.44. Periodic reviews of mineral extraction operations shall be based upon the criteria outlined in K_C_C. 21A.22.050.B. B. The written decision contained in the record shall show: 1. Facts, findings and conclusions supporting the decision and demonstrating compliance with the applicable decision criteria; and 2. Any conditions and limitations imposed, if the request is granted- C. The director shall mail a copy of the written decision to the applicant and to all parties of record. D. The director shall adopt rules for the transaction of business and shall keep a public record of his actions, finding, waivers and determinations. (Ord_ 15051 § 221, 2004: Ord. 12196 § 56, 1996: Ord. 10870 § 616, 1993). 21A.42.090 Director review - Decision final unless appealed. A. The decision of the director shall be final unless the applicant or an aggrieved party files an appeal to the hearing examiner pursuant to K.C.C. 20.24. B. The examiner shall review and make decisions based upon information contained in the written appeal and the record. C. The examiner's decision may affirm, modify, or reverse the decision of the director. D. As provided by K.C.C. 20.24.210A and C: 1. The examiner shall render a decision within ten days of the closing of hearing; and 2. The decision shall be final unless appealed under the provisions of K.C.C. 20.24.240B. E. Establishment of any use or activity authorized pursuant to a conditional use permit or variance shall occur within four years of the effective date of the decision for such permit or variance, provided that for schools this period shall be five years_ This period may be extended for one additional year by the director if the applicant has submitted the applications necessary to establish the use or activity and has provided written justification for the extension. F. For the purpose of this section, "establishment' shall occur upon the issuance of all local permit(s) for on -site improvements needed to begin the authorized use or activity, provided that the conditions or improvements required by such permits are completed within the timeframes of said permits. G. Once a use, activity or improvement allowed by a conditional use permit or variance has been established, it may continue as long as all conditions of permit issuance are met. (Ord. 12196 § 57, 1996: Ord. 11940 § 1, 1995: Ord. 10870 § 617, 1993). (King County 6-2006) 21 A--349 21AA2.100 - 21A.42.140 ZONING 21A.42.100 Examiner review — zone reclassifications, shoreline environment redesignation, urban plan developments, special use permits, amendment or deletion of P-suffix conditions, plat vacations and short plat vacations. Applications for zone reclassifications, shoreline environment redesignation, special use permits, urban plan developments, amendment or deletion of P-suffix conditions, plat vacations and short plat vacations shall be reviewed by the department subject to the criteria in K.C.C. chapter 21A.44 and to the procedures and criteria in K.C.C. chapter 20.24 for action subject to approval by the council and notice shall be provided in accordance with K.C.C. chapter 20.20. (Ord. 150519 222, 2004: Ord. 11621 § 106, 1994: Ord. 10870 § 618, 1993). 21A.42.110 Combined review. Proposed actions may be combined for review purposes with any other action subject to the same review process, provided: A. Notice requirements for combined review shall not be less than the greatest individual action requirement; and B_ No permit shall be approved without prior review and approval of any required variance. (Ord. 10870 § 619, 1993), 21A.42.130 Records. The department shall maintain public records for all permit approvals and denials containing the following information_ A. Application documents; B. Tape recorded verbatim records of required public hearing,- C. Written recommendations and decisions for proposed actions; D_ Ordinances showing final council actions; E_ Evidence of notice; F. Written comments received; and G. Material submitted as exhibits. (Ord. 10670 § 621, 1993). 21A.42.140 Review process for high schools. A. The School District shall hold a public hearing on the request for a building permit on the proposed high school and may merge the public hearing for environmental review with this hearing. The hearing shall address the proposal's compliance with the applicable development standards and whether the impacts of traffic on the neighborhood have been addressed pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, and/or through the payment of road impact fees. The hearing may be conducted by the Board of Directors, or where authorized by board policy, by a hearing examiner appointed by the School Board. The District shall provide notice of the hearing as follows: 1. By posting the property; 2. By publishing in a newspaper of general circulation in the general area where the proposed high school is located; 3. By sending notices by first class mail to owners of property in an area within five hundred feet of the proposed high school, but the area shall be expanded as necessary to send mailed notices to at least twenty different property owners; and 4. By sending notices to other residents of the District that have requested notice, B. At a regularly scheduled or special Board meeting, the Board of Directors shall adopt findings of compliance with applicable King County development standards, including the decision criteria outlined in K.C.C. chapter 21A_44, or adopt proposed actions necessary to reach compliance. If a hearing examiner has been appointed, the Board of Directors shall review and adopt or reject the hearing examiner's proposed findings and/or proposed actions, The board may include in the record any information supporting its findings or any information from prior public meetings held on the same general subject at the discretion of the Board. C. Copies of the findings and/or the proposed actions shall be mailed to all parties of record and to the county. (King County 6-2006) 21A-350 REVIEW PROCEDURES/NOTICE REQUIREMENTS 21A.42.140 - 21A.42.180 D. Any aggrieved party of record may request the Board of Directors to reconsider the findings within twenty calendar days of its adoption. An aggrieved party requesting reconsideration shall submit written evidence challenging the findings or otherwise specifically identify reasons why the District has failed to reasonably comply with the applicable King County development standards or the decision criteria outlined in K.C.C. chapter 21A.44. Within thirty calendar days after a request for reconsideration has been fled with the District, the Board of Directors may reconsider and revise the findings andfor proposed actions, or may decline to reconsider. Failure to act, or to initiate the process for reconsideration by notifying the aggrieved party of record of intent to reconsider, within the thirty day period shall be deemed to constitute a decision not to reconsider. E. The Board's final findings shall be attached to the District's building permit application and shall be considered as prima facie evidence of compliance with the applicable King County development standards. (Ord. 14045 § 57, 2001: Ord. 10870 § 634 (part), 1993). 21A_42.150 Modifications and expansions of uses or developments authorized by existing land use permits - Permits defined. For the purposes of this chapter, a land use permit shall mean a conditional use permit, special use permit, unclassified use permit, or planned unit development. (Ord. 13130 § 7, 1998). 21A.42.160 Modifications or expansions of uses or developments authorized by existing land use permits - When use now permitted outright. Proposed modifications or expansions to a use or development authorized by an existing land use permit shall not require an amendment to the existing land use permit if the use is now permitted outright in the zone district in which it is located and shall not require findings pursuant to K.C.C. 21A.42.170. (Ord. 13130 § 8, 1998). 21A.42.170 Modifications or expansions of uses authorized by existing land use permits - Required findings. Modifications or expansions approved by the department shall be based on written findings that the proposed modifications or expansions provide the same level of protection for and compatibility with adjacent land uses as the original land use permit.(Ord. 13130 § 9, 1998). 21A.42.180 Modifications and expansions - use or development authorized by an existing planned unit development approval. Modifications and expansions of uses or developments authorized by an existing planned unit development approval shall be subject to the following provisions. A. Any approved modification or expansion shall be recorded. B. Modifications to building location and/or dimensions shall be reviewed pursuant to the code compliance process of K.C_C. 21A.42.010 only when: 1. No buildings are located closer to the nearest property line(s), and 2_ No increase in square footage of buildings is proposed. C. Modifications beyond those permitted in subsection B and all expansions, shall be subject to the approval of a conditional use permit. (Ord. 13130 § 10, 1998). (King County 12-2006) 21 A-351 21 A.42.190 ZONING 21A.42.190 Modifications and expansions - uses or development authorized by existing conditional use, special use or unclassified use permits. A_ The department may review and approve, pursuant to the code compliance process of K_C.C. 21A.42.030, an expansion of a use or development authorized by an existing conditional use, special use or unclassified use permit as follows: 1. The expansion shall conform to all provisions of this title and the original land use permit, except that the project -wide amount of each of the following may be increased up to ten percent: a, building square footage, b. impervious surface, c. parking, or d. building height; 2. No subsequent expansions shall be approved under this subsection if the cumulative amount of such expansion exceeds the percentage prescribed in subsection A1. of this section; 3. A conditional use permit shall be required for expansions within a use or development authorized by an existing conditional use permit if the expansions are not consistent with the provisions of this subsection; and 4. A special use permit shall be required for expansions within a use or development authorized by an existing special use or unclassified use permit, if the expansions to either permit are not consistent with the provisions of this subsection. B. The department may review and approve, in accordance with the code compliance process of K.C.C. 21A_422030, a modification of a use or a development authorized by an existing conditional use, special use or unclassified use permit that does not make a substantial change, as determined by the department, to the conditional use, special use or unclassified use. For the purpose of this subsection, a "substantial change" includes, but is not limited to, a change to the conditions of approval or the creation of a new use. C. This section shall not apply to modifications or expansions of telecommunication facilities, the provision for which are in K.C.C. 21A.26.140 or to modifications or expansions of nonconformances, the provisions for which are in K.C.C. 21A.32.065. (Ord. 15606 § 30, 2006: Ord. 13130 § 11, 1998). (King County 12-2006) 21 A---352 C} 2 a m 70 N a w IMPACT FEES 21AA3 Chapter 21A.43 IMPACT FEES Sections: 21A.43.005 Authority. 21A.43.010 Purpose. 21A,43.020 Impact fee program elements. 21A.43.030 Fee calculations. 21A.43.040 Fee collection. 21A.43.050 Assessment of impact fees. 21A.43.060 Effective date. 21A.43,070 Adjustments, exceptions, and appeals_ 21A,43,080 Exemption or reduction for low or moderate income housing. 21A.43,090 Impact fee accounts and refunds. (King County 6-2006) 21A-353 •I 11F:.101,1 21A-354 IMPACT FEES 21A.43.005 - 21A,43.030 21A.43.005 Authority. The provisions of this chapter for the assessment and collection of impact fees are adopted pursuant to Chapter 82.02 RCW. (Ord. 11621 § 109, 1994). 21A.43.010 Purpose. The purpose of this chapter is to implement the capital facilities element of the Comprehensive Plan and the Growth Management Act by: A. Ensuring that adequate public school facilities and improvements are available to serve new development; B, Establishing standards whereby new development pays a proportionate share of the cost for public school facilities needed to serve such new development; C. Ensuring that school impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact; and D_ Providing needed funding for growth -related school improvements to meet the future growth needs of King County. (Ord. 11621 § 110, 1994). 21A.43.020 Impact fee program elements. A. Impact fees will be assessed on every new dwelling unit in the district for which a fee schedule has been established. B. Impact fees will be imposed on a district -by -district basis, on behalf of any school district which provides to the county a capital facilities plan, the district's standards of service for the various grade spans, estimates of the cost of providing needed facilities and other capital improvements, and the data from the district called for by the formula in K.C.C. 21A,43.030. The actual fee schedule for the district will be adopted by ordinance based on this information and the fee calculation set out for K.G.C. 21A.43.030. Any impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development_ The impact fee formula shall account in the fee calculation for future revenues the district will receive from the development. The ordinance adopting the fee schedule shall specify under what circumstances the fee may be adjusted in the interests of fairness. C. The impact fee shall be based on a capital facilities plan developed by the district and approved by the school board, and adopted by reference by the county as part of the capital facilities element of the comprehensive plan for the purpose of establishing the fee program. (Ord_ 11621 § 111, 1994). 21A.43.030 Fee calculations. A_ The fee for each district shall be calculated based on the formula set out in Attachment A to Ordinance 11621 . B. Separate fees shall be calculated for single family and multi -family residential units and separate student generation rates must be determined by the district for each type of residential unit. For purposes of this chapter single family units shall mean single detached dwelling units, and multi -family units shall mean townhouses and apartments. C_ The fee shall be calculated on a district -by -district basis using the appropriate factors and data to be supplied by the district, as indicated in Attachment A to Ordinance 11621 . The fee calculations shall be made on a district -wide basis to assure maximum utilization of all school facilities in the district used currently or within the last two years for instructional purposes. D. The formula in Attachment A to Ordinance 11621 also provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issues in the school district. E_ The formula in Attachment A to Ordinance 11621 also provides for a credit for school facilities or sites actually provided by a developer which the school district finds to be acceptable. (Ord. 13338 § 15, 1998: Ord. 12148 § 1, 1996: Ord. 11621 § 112, 1994)_ 'Available at the office of the clerk of the council. (King County 6-2006) 21 A-355 24A.43.040 - 21A.43.060 ZONING 21A.43.040 Fee collection. Fees shall be collected by the department of development and environmental services and maintained in a separate account for each school district, pursuant to K.G.C. 21A.43,070. Fees shall be paid to the district pursuant to administrative rules of an interlocal agreement between the county and the district. (Ord. 11621 § 113, 1994). 21A.43.050 Assessment of impact fees. A. In school districts where impact fees have been adopted by county ordinance and except as provided in K.C.C. 21A.43.080, the county shall collect impact fees, based on the schedules set forth in each ordinance establishing the fee to be collected for the district, from any applicant seeking development approval from the county where such development activity requires final plat, PUD or UPD approval or the issuance of a residential building permit or a mobile home permit and the fee for the lot or unit has not been previously paid. No approval shall be granted and no permit shall be issued until the required school impact fees set forth in the district's impact fee schedule contained in K.C,C, Title 27 have been paid. B. For a plat, PUD or UPD applied for on or after the effective date of the ordinance adopting the fee for the district in question receiving final approval, fifty percent of the impact fees due on the plat, PUD or UPD shall be assessed and collected from the applicant at the time of final approval, using the impact fee schedules in effect when the plat, PUD or UPD was approved, The balance of the assessed fee shall be allocated to the dwelling units in the project, and shall be collected when the building permits are issued. Residential developments proposed for short plats shall be governed by subsection D of this section. C. If on the effective date of an ordinance adopting an impact fee for a district, a plat, PUD or UPD has already received preliminary approval, such plat, PUD or UPD shall not be required to pay fifty percent (50%) of the impact fees at the time of final approval, but the impact fees shall be assessed and collected from the lot owner at the time the building permits are issued, using the impact fee schedules in effect at the time of building permit application. If on the effective date of a district's ordinance, an applicant has applied for preliminary plat, PUD or UPD approval, but has not yet received such approval, the applicant shall follow the procedures set forth in subsection B of this section. D. For existing lots or lots not covered by subsection B of this section, application for single family and multifamily residential building permits, mobile home permits, and site plan approval for mobile home parks, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the impact fee schedules in effect at the time of permit application. E. Notwithstanding the provisions of this section, any application for preliminary plat, PUD or UPD approval submitted before January 22, 1991, shall not be required to pay school impact fees at the time of final plat, PUD or UPD approval. However, where the county has adopted a fee ordinance for the district, the full impact fee in effect when the building permits were applied for shall be paid by such developments at the time the building permits are issued if the applications for the building permits are submitted after January 22, 1991, F. Any application for preliminary plat, PUD or UPD approval or multifamily zoning which has been approved subject to conditions requiring the payment of impact fees established pursuant to this chapter, shall be required to pay the fee in accordance with the condition of approval. (Ord. 11621 § 114, 1994). 21A.43.060 Effective Date. As of September 10, 1993, no fee shall be assessed or collected on any pending building permit which had been applied for prior to the effective date of the impact fee. (Ord. 11621 § 115, 1994). (King County 6-2006) 21 A-356 IMPACT FEES 21A.43.070 21A.43.070 Adjustments, exceptions, and appeals. A. The following are excluded from the application of the impact fees: 1. Any form of housing exclusively for the senior citizen, including nursing homes and retirement centers, so long as these uses are maintained; 2. Reconstruction, remodeling, or replacement of existing dwelling units which does not result in additional new dwelling units. In the case of replacement of a dwelling, a complete application for a building permit must be submitted within three years after it has been removed or destroyed; 3. Shelters for temporary placement, relocation facilities, transitional housing facilities and Community Residential Facilities as defined in K.C.C. 21A.06,220; 4. Any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02A 00, due to mitigation of the same system improvement under the State Environmental Policy Act; 5. Any development activity for which school impacts have been mitigated pursuant to a condition of plat, PUD or UPD approval to pay fees, dedicate land or construct or improve school facilities, unless the condition of the plat, PUD or UPD approval provides otherwise; provided that the condition of the plat, PUD or UPD approval predates the effective date of a school district's fee implementing ordinance; 6. Any development activity for which school impacts have been mitigated pursuant to a voluntary agreement entered into with a school district to pay fees, dedicate land or construct or improve school facilities, unless the terms of the voluntary agreement provide otherwise; provided that the agreement predates the effective date of a school district's fee implementing ordinance; 7. Housing units which fully qualify as housing for persons age 55 and over meeting the requirements of the Federal Housing Amendments Act of 1988, 42 U.S.C. 3607(b)(2)(c) and (b)(3), as subsequently amended, and which have recorded covenants or other legal arrangements precluding school - aged children as residents in those units; 8. Mobile homes permitted as temporary dwellings pursuant to K.C.C. 21A.32.170; and 9. Accessory dwelling units as defined in K.C.C. 21A.06.350 and K.C.C. 21A.08.030B.7.a. B. Arrangement may be made for later payment with the approval of the school district only if the district determines that it will be unable to use or will not need the payment until a later time, provided that sufficient security, as defined by the district, is provided to assure payment. Security shall be made to and held by the school district, which will be responsible for tracking and documenting the security interest. C. The fee amount established in the schedule shall be reduced by the amount of any payment previously made for the lot or development activity in question, either as a condition of approval or pursuant to a voluntary agreement with a school district entered into after the effective date of a school district's fee implementing ordinance, D. After the effective date of a school district's fee implementing ordinance, whenever a development is granted approval subject to a condition that the developer actually provide school sites, school facilities, or improvements to school facilities acceptable to the district, or whenever the developer has agreed, pursuant to the terms of a voluntary agreement with the school district, to provide land, provide school facilities, or make improvements to existing facilities, the developer shall be entitled to a credit for the value of the land or actual cost of construction against the fee that would be chargeable under the formula provided by this chapter. The land value or cost of construction shall be estimated at the time of approval, but must be documented. If construction costs are estimated, the documentation shall be confirmed after the construction is completed to assure that an accurate credit amount is provided. If the land value or construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee. E. impact fees may be adjusted by the county, at the county's discretion, if one of the following circumstances exist, provided that the discount set forth in the fee formula fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee: 1. The developer demonstrates that an impact fee assessment was incorrectly calculated; or 2. Unusual circumstances identified by the developer demonstrate that if the standard impact fee amount was applied to the development, it would be unfair or unjust. (King County 6-2006) 21A-357 21A.43.070 - 21A.43.080 ZONING F. A developer may provide studies and data to demonstrate that any particular factor used by the district may not be appropriately applied to the development proposal, but the district's data shall be presumed valid unless clearly demonstrated to be otherwise by the proponent. G. Any appeal of the decision of the director or the hearing examiner with regard to imposition of an impact for or fee amounts shall follow the appeal process for the underlying permit and not be subject to a separate appeal process. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the council for possible modification. H. Impact fees may be paid under protest in order to obtain a building permit or other approval of development activity, when an appeal is filed. (Ord. 12148 § 2, 1996: Ord. 11621 § 116, 1994). 21A.43.080 Exemption or reduction for low or moderate income housing. A. Low or moderate income housing projects being developed by public housing agencies or private non-profit housing developers shall be exempt from the payment of school impact fees. The amount of the school impact fees not collected from low or moderate income household development shall be paid from public funds other than impact fee accounts. The impact fees for these units shall be considered paid for by the district through its other funding sources, without the district actually transferring funds from its other funding sources into the impact fee account. The planning and community development division shall review proposed developments of low or moderate income housing by such public or non-profit developers pursuant to criteria and procedures adopted by administrative rule, and shall advise the department of development and environmental services as to whether the project qualifies for the exemption. B. Private developers who dedicate residential units for occupancy by low or moderate income households may apply to the division for reductions in school impact fees pursuant to the criteria established for public housing agencies and private non-profit housing developers pursuant to subsection A, and subject to the provisions of subsection A. The division shall review proposed developments of low or moderate income housing by such private developers pursuant to criteria and procedures adopted by administrative rule, and shall advise the department of development and environmental services as to whether the project qualifies for the exemption. If the division recommends the exemption, the department of development and environmental services shall reduce the calculated school impact fee for the development by an amount that is proportionate to the number of units in the development that satisfy the adopted criteria. C. individual low or moderate income home purchasers (as defined pursuant to the King County Comprehensive Housing Affordability Strategy (CHAS) who are purchasing homes at prices within their eligibility limits based on standard lending criteria and meet other means tests established by rule by the division are exempted from payment of the impact fee, provided that at such time as the property in question is transferred to another owner who does not qualify for the exemption, at which time the fee shall be due and payable. D. The division is hereby instructed and authorized to adopt, pursuant to K.C.G. Chapter 2.98, administrative rules to implement this section. Such rules shall provide for the administration of this program and shall: 1. Encourage the construction of housing for low or moderate income households by public housing agencies or private non-profit housing developers participating in publicly sponsored or subsidized housing programs; 2. Encourage the construction in private developments of housing units for low or moderate income households that are in addition to units required by another housing program or development condition; 3. Ensure that housing that qualifies as low or moderate cost meets appropriate standards regarding household income, rent levels or sale prices, location, number of units and development size; and 4. Ensure that developers who obtain an exemption from or reduction of school impact fees will in fact build the proposed low or moderate cost housing and make it available to low or moderate income households for a minimum of fifteen (15) years. (King County 6-2006) 21 A-358 IMPACT FEES 21A.43.080 - 21A.43.090 5. Ensure that individual low or moderate income purchasers meet appropriate eligibility standards based on income and other financial means tests. E. As a condition of receiving an exemption under paragraph B or C, the owner must execute and record a county -drafted lien, covenant, and/or other contractual provision against the property for a period of ten (10) years for individual owners, and fifteen (15) years for private developers, guaranteeing that the proposed development will continue to be used for low or moderate income housing. In the event that the pattern of development or the use of the development is no longer for low or moderate income housing, then the owner shall pay the impact fee amount from which the owner or any prior owner was exempt. The lien, covenant, or other contractual provision shall run with the land and apply to subsequent owners. (Ord. 11621 § 117, 1994). 21A.43.094 Impactfee accounts and refunds. A. Impact fee receipts shall be earmarked specifically and retained in a special interest -bearing account established by the county solely for the district's school impact fees. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection B, Annually, the county, based in part on the report submitted by the district pursuant to Section 21A.28.152 shall prepare a report on each impact fee account showing the source and amount of all moneys collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees. B. Impact fees for the district's system improvements shall be expended by the district for capital improvements including but not limited to school planning, land acquisition, site improvements, necessary off - site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, reiocatable facilities, capital equipment pertaining to educational facilities, and any other expenses which could be capitalized, and which are consistent with the school district's capital facilities plan. C. In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section. D. Impact fees shall be expended or encumbered (i.e. committed as part of the funding for a facility for which the publicly funded share has been assured, or building permits applied for, or construction contracts let) by the district for a permissible use within six (6) years of receipt by the county, unless there exists an extraordinary and compelling reason for fees to be held longer than six (6) years. Such extraordinary or compelling reasons shall be identified to the county by the district. The county must prepare written findings concurring with the district's reasons, and authorizing the later encumbrance or expenditure of the fees prior to the district so encumbering or expending the funds, or directing a refund of the fees. E. The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six (6) years of receipt of the funds by the county. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The county shall notify potential claimants by first- class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the county tax records. F_ An owner's request for a refund must be submitted to the county council in writing within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered within these time limitations, and for which no application for a refund has been made within this one (1) year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees. (King County 6-2006) 21A-359 21 A.43.090 ZONING G. Should the county seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the county shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two (2) times and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the county tax records. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the county, but must be expended for the district, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. H. A developer may request and shall receive a refund, including interest earned on the impact fees, when: 1- The developer does not proceed to finalize the development activity as required by statute or county code or the Uniform Building Code, and 2. No impact on the district has resulted. "Impact" shall be deemed to include cases where the district has expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the district has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three (3) years, the same or subsequent owner ofthe property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit. The owner must petition the county and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The county shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in Section 21A.43.070. I. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the county or the district on invested funds throughout the period during which the fees were retained. (Ord_ 11621 § 118, 1994). (King County 6-2006) 21 A-360 DECISION CRITERIA 21 A.44 Chapter 21A. 4 DECISION CRITERIA Sections: 21A.44.010 Purpose. 21A.44.020 Temporary use permit. 21A.44.030 Variance. 21A.44.040 Conditional use permit. 21A.44.050 Special use permit. 21A.44.060 Zone reclassification. 21A_44.070 Urban plan development permit. 21A_44.080 Fully contained community (FCC) permit. (King County 6-2006) 21 A-361 F-Al 011 �i 21 A-362 DECISION CRITERIA 21A.44.010 - 21A.44,030 21A.44.010 Purpose. The purposes of this chapter are to allow for consistent evaluation of land use applications and to protect nearby properties from the possible effects of such requests by: A. Providing clear criteria on which to base a decision; B. Recognizing the effects of unique circumstances upon the development potential of a property; C. Avoiding the granting of special privileges.- D, Avoiding development which may be unnecessarily detrimental to neighboring properties, E. Requiring that the design, scope and intensity of development is in keeping with the physical aspects of a site and adopted land use policies for the area; and F. Providing criteria which emphasize protection of the general character of neighborhoods. (Ord_ 10870 § 622, 1993)_ 21A.44.020 Temporary use permit. A temporary use permit shall be granted by the county, only if the applicant demonstrates that: A. The proposed temporary use will not be materially detrimental to the public welfare; B. The proposed temporary use is compatible with existing land uses in the immediate vicinity in terms of noise and hours of operation; C. The proposed temporary use, if located in a resource zone, will not be materially detrimental to the use of the land for resource purposes and will provide adequate off -site parking if necessary to protect against soil compaction; D. Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and E. The proposed temporary use is not otherwise permitted in the zone in which it is proposed. (Ord. 10870 § 623, 1993). 21A.44.030 Variance. A variance shall be granted by the county, only if the applicant demonstrates all of the following: A. The strict enforcement of this title creates an unnecessary hardship to the property owner; B. The variance is necessary because of the unique size, shape, topography or location of the subject property; C. The subject property is deprived, under this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone; D. The variance does not create health and safety hazards, is not materially detrimental to the public welfare or is not unduly injurious to property or improvements in the vicinity; E. The variance does not relieve an applicant from any of the procedural provisions of this title; F. The variance does not relieve an applicant from any standard or provision that specifically states that no variance from that standard or provision is permitted; G. The variance does not relieve an applicant from conditions established during prior permit review; H. The variance does not allow establishment of a use that is not otherwise permitted in the zone in which the proposal is located; I. The variance does not allow the creation of lots or densities that exceed the base residential density for the zone by more than ten percent; J_ The variance is the minimum necessary to grant relief to the applicant; K. The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities; L. The variance does not relieve an applicant from any provisions of K.C.C. 21A.24, Critical Areas; and M. Within a special district overlay, the variance does not: 1. Modify, waive or define uses; 2. Waive requirements for special studies or reports; or 3_ Reduce vegetation retention standards by more than a total of ten percent. (Ord. 15051 § 224, 2004: Ord. 12479 § 1, 1996: Ord. 11621 § 107, 1994: Ord. 10870 § 624, 1993). (King County 6-2006) 21 A-363 21A.44.040 - 21A.44.080 ZONING 21A.44.040 Conditional use permit. A conditional use permit shall be granted by the county, only if the applicant demonstrates that: A, The conditional use is designed in a manner which is compatible with the character and appearance of an existing, or proposed development in the vicinity of the subject property; B. 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; C. The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property; D. 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; E. The conditional use is not in conflict with the health and safety of the community; F. 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; G. 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; and H. The conditional use is not in conflict with the policies of the Comprehensive Plan or the basic purposes of this title. (Ord, 15032 § 51, 2004: Ord. 11621 § 108, 1994: Ord. 10870 § 625, 1993). 21A.44.050 Special use permit. A special use permit shall be granted by the county, only if the applicant demonstrates that: A. The characteristics of the special use will not be unreasonably incompatible with the types of uses permitted in surrounding areas; B. The special use will not materially endanger the health, safety and welfare of the community; C. 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; D. 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; E. 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; and F. The special use is not in conflict. with the policies of the Comprehensive Plan or the basic purposes of this title. (Ord. 10870 § 626, 1993). 21A.44.060 Zone reclassification. A zone reclassification shall be granted only if the applicant demonstrates that the proposal complies with the criteria for approval specified in K.C.C. Title 2024.180 and 2024.190 and is consistent with the Comprehensive Plan and applicable community and functional plans. (Ord. 10870 § 627, 1993). 21A.44.070 Urban plan development permit. An urban plan development permit shall be granted only if the applicant demonstrates compliance with the provisions of K_C.C. 21A.39. (Ord, 10870 § 628, 1993). 21A.44.080 Fully contained community (FCC) permit. An application for a FCC permit shall be granted only if the applicant demonstrates compliance with the provisions of K.C.C. 21A.38 and 21A.39, (Ord_ 12171 § 9, 1996). (King County 6-2006) 21 A-364 t� 2 a m N a HOMELESS ENCAMPMENTS 21 A.45 Chapter 21A.45 HOMELESS ENCAMPMENTS Sections: 21A.45.010 Purpose. (Effective until January 1, 2015.) 21A.45.020 Definitions. (Effective until January 1, 2015.) 21A.45.030 Approval required. (Effective until January 1, 2015.) 21A.45.040 Use and sponsorship agreements. (Effective until January 1, 2015.) 21A.45.050 Application submittal and content. (Effective until January 1, 2015.) 21AA5.060 Homeless encampment standards. (Effective until January 1, 2015.) 21A.45.070 Parking impacts. (Effective until January 1, 2015.) 21A.45.080 Community notice and informational meeting. (Effective until January 1, 2015.) 21A.45.090 Compliance with permit conditions and written code of conduct. (Effective until January 1, 2015.) 21A_45.100 Option to modify standards. (Effective until January 1, 2015.) (King County 6-2006) 21 A-365 BLANK 21A-366 HOMELESS ENCAMPMENTS 21A.45.010 -- 21AA5.050 21A.45.010 Purpose. (Effective until January 1, 2015.) It is the purpose of this chapter to ensure the maintenance of a safe environment within the homeless encampments and to address the potential impacts to neighborhoods by establishment of such homeless encampments. (Ord. 15170 § 6, 2005). 21A.45.020 Definitions. (Effective until January 1, 2015.) The definitions in this section apply throughout this chapter and to K.G.C. 20.20.020 unless the context clearly requires otherwise. A. "Homeless encampment" means a group of homeless persons temporarily residing out of doors on a site with a host and services provided by a sponsor and supervised by a managing agency. B. "Host" means the owner of the site property that has an agreement with the managing agency to allow the use of property for a homeless encampment. A "host" may be the same entity as the sponsor or the managing agency. C. "Managing agency" means an organization that has the capacity to organize and manage a homeless encampment. A "managing agency' may be the same entity as the host or the sponsor. D. "Public health" means the Seattle -King County department of public health. E. "Sponsor" means a local church or other local, community -based organization that has an agreement with the managing agency to provide basic services and support for the residents of a homeless encampment and liaison with the surrounding community and joins with the managing agency in an application for a county permit. A "sponsor" may be the same entity as the host or the managing agency. (Ord. 15170 § 7. 2005), 21A.45.030 Approval required. (Effective until January 1, 2015.) A homeless encampment may be permitted as a temporary use in accordance with K.C.C. chapter 21A.32 only in compliance with this chapter. (Ord. 15170 § 8, 2005). 21A.45.040 Use and sponsorship agreements. (Effective until January 1, 2015.) The following written agreements shall be provided by the applicant: A_ If the applicant is not the sponsor, an agreement to provide or coordinate basic services and support for the homeless encampment residents and to join with the applicant in all applications for relevant permits; and B. If the applicant is not the host, an agreement granting permission to locate the homeless encampment at the proposed location and to join with the applicant in all applications for relevant permits_ (Ord. 15170 § 9, 2005). 21A.45.050 Application submittal and content. (Effective until January 1, 2015.) A_ An application for a homeless encampment shall be submitted to the department at least thirty days in advance of the desired date to commence the use for a type 1 permit or forty days in advance of the desired date to commence the use for a type 2 permit. B. In addition to contents otherwise required for such applications, the application shall include: 1. A copy of a written code of conduct adopted by the host or entered into between the host and managing agency addressing the issues identified in the example code of conduct, Attachment A to this ordinance. The written code of conduct must require homeless encampment residents to abide by specific standards of conduct to promote health and safety within the homeless encampment and within the adjoining neighborhoods. Nothing in this subsection is intended to preclude the host and the managing agency from agreeing, in the written code of conduct, to additional terms or standards of conduct stricter than the example code of conduct; 2. The name of the managing agency and the sponsor; and 3. The host signature_ (Ord. 15170 § 10, 2005). (King County 6-2006) 21 A-367 21 A.45.060-21 A.45.070 ZONING 21A.45.060 Homeless encampment standards. (Effective until January 1, 2015.) A homeless encampment is subject to the following standards: A. The maximum number of residents at a homeless encampment site shall be determined taking into consideration site conditions, but in no case shall be greater than one hundred at any one time; B. The duration of a homeless encampment at any specific location shall not exceed ninety-two days at any one time, including setup and dismantling of the homeless encampment; C. A homeless encampment may be located at the same site no more than once every twelve months; D. The host and managing agency will assure all applicable public health regulations, including but not limited to the following, will be met: 1. Sanitary portable toilets; 2. Hand washing stations by the toilets; 3. Food preparation or service tents; 4. Security tents; and 5_ Refuse receptacles; E. The homeless encampment shall be within a half mile of a public transportation stop or the sponsor or host must demonstrate the ability for residents to obtain access to the nearest public transportation stop through sponsor or host provided van or car pools. During hours when public transportation is not available, the sponsor or host shall also make transportation available to anyone who is rejected from or ordered to leave the homeless encampment; F. The homeless encampment site must be buffered from surrounding properties with: 1. A minimum twenty -foot setback in each direction from the boundary of the lot on which the homeless encampment is located, excluding access; 2. Established vegetation sufficiently dense to obscure view; or 3. A six foot high, view -obscuring fence; G. No permanent structures shall be erected on the homeless encampment site,- H. A regular trash patrol in the immediate vicinity of the homeless encampment site shall be provided; I. Public health guidelines on food donations and food handling and storage, including proper temperature control, shall be followed and homeless encampment residents involved in food donations and storage shall be made aware of these guidelines; J. The managing agency shall not permit children under the age of eighteen to stay overnight in the homeless encampment except under exigent circumstances. If a child under the age of eighteen, either alone or accompanied by a parent or guardian, attempts to stay overnight, the managing agency will immediately contact child protective services and endeavor to find alternative shelter for the child and any accompanying parent or guardian; K. The managing agency shall keep a log of all people who stay overnight in the homeless encampment, including names and dates; L. The managing agency shall take all reasonable and legal steps to obtain verifiable identification, such as a driver's license, government -issued identification card, military identification or passport from prospective and homeless encampment residents; M. The managing agency shall enforce the written code of conduct; N, The site property is owned or leased by the sponsor or an affiliated entity; and 0. The host shall provide a transportation plan as part of the permit process. (Ord. 15170 § 11, 2005). 21A.45.070 Parking impacts. (Effective until January 1, 2015.) On -site parking spaces of the host use shall not be displaced unless sufficient parking remains available for the host's use to compensate for the loss of on -site parking spaces. (Ord. 15170 § 12, 2005). (King County 6-2006) 21 A-368 HOMELESS ENCAMPMENTS 21A.45.45.080 - 21A.45.100 21A.45.080 Community notice and informational meeting. (Effective until January 1, 2015) The managing agency, in partnership with the sponsor, shall: A. At least fourteen days before the anticipated start date of the homeless encampment, provide notification to all residences and businesses within five hundred feet of the boundary of the proposed homeless encampment site, but the area shall be expanded as necessary to provide notices to at least twenty different residences or businesses, as well as any unincorporated area council, if applicable, and any homeowner association representing residents receiving notice. The notice shall contain the following specific information: 1. Name of sponsor; 2. Name of host if different from the sponsor; 3. Date the homeless encampment will begin; 4. Length of stay; 5. Maximum number of residents allowed; 6. Planned location of the homeless encampment; 7. Dates, times and locations of community informational meetings about the homeless encampment; 8. Contact information including names and phone numbers for the managing agency and the sponsor; and 9. A county contact person or agency; and B. Conduct at least one community informational meeting held on the host site, or nearby, at least ten days before the anticipated start date of the homeless encampment. The purpose of the meeting is to provide those residences and businesses that are entitled to notice under this section with information regarding the proposed duration and operation of the homeless encampment, conditions that will be placed on the operation of the homeless encampment and requirements of the written code of conduct, and to answer questions regarding the homeless encampment. (Ord. 15170 § 13, 2005). 21A.45.090 Compliance with permit conditions and written code of conduct. (Effective until January 1, 2015.) A. In order to assess compliance with the terms of the permit, inspections may be conducted at reasonable times without prior notice by the fire district, public health or department staff. The managing agency shall implement all directives of the fire district within forty-eight hours. Public health and department directives shall be implemented within the time specified by the respective agencies. B. Failure by the managing agency to take action against a resident who violates the terms of the written code of conduct may result in cancellation of the permit. (Ord. 15170 § 14, 2005). 21A.45.100 Option to modify standards. (Effective until January 1, 2015.) An applicant for a homeless encampment may apply for a temporary use permit that applies standards that differ from those established by K.C.C. 21A.45,030, 21A.45.040, 21A.45.050, 21A.45.060, 21A.45.070, 21A.45.080 and 21A.45.090. In addition to all other permit application requirements, the applicant shall submit a description of the requirements to be modified and shall demonstrate how the modification will result in a safe homeless encampment under the specific circumstances of the application. The department shall review the proposed modifications and shall either deny or approve the application, with conditions if necessary, to ensure a safe homeless encampment with minimal impacts to the host neighborhood. The hearing examiner shall expedite the hearing on an appeal of the department's decision under this section_ (Ord. 15170 § 15, 2005). (King County 6-2006) 21 A-369 BLANK 21 A-370 {i 2 a m �o N n 0 ENFORCEMENT 21 A.50 Chapter 21A.50 ENFORCEMENT Sections: 21A.50.010 Purpose. 21A.50.020 Authority and application. 21 A.50.022 Inspections. 21A.50.025 Hazards. 21A.50.030 Violations defined. 21A.50.035 Critical areas violations - corrective work required. 21A.50.037 Critical areas violations - corrective work plan and monitoring. 21A.50.030 Violations defined. 21A.50.040 Permit suspension, revocation or modification. 21A.50.050 Initiation of revocation or modification proceedings. (King County 6-2006) 21 A-371 21 A----372 ENFORCEMENT 21A.50.010 - 21A_50.030 21A.50.010 Purpose. The purpose of this chapter is to promote compliance with this title by establishing enforcement authority, defining violations, and setting standards for initiating the procedures set forth in K.C.C. Title 23, Enforcement, when violations of this title occur. (Ord. 10870 § 629, 1993). 21A.50.020 Authority and application. The director is authorized to enforce this title, any implementing administrative rules adopted under K.C.C. chapter 2.98 administration, and approval conditions attached to any land use approval, through revocation or modification of permits or through the enforcement, penalty and abatement provisions of K.C.C. Title 23, Code Compliance. (Ord. 15051 § 225, 2004: Ord. 10870 § 630, 1993). 21A.50.022 Inspections. The director is authorized to make such inspections and take such actions as may be required to enforce this title. (Ord. 15051 § 226, 2004). 21A.50.025 Hazards. If the director determines that an existing site, as a result of alterations regulated under this title has become a hazard to life and limb, endangers property or the environment, or adversely affects the safety, use or stability of a public way or public drainage channel, the owner of the property upon which the alterations are located, or other person or agent in control of the property, upon receipt of notice in writing from the director, shall within the period specified in the notice restore the site affected by the alterations or remove or repair the alterations so as to eliminate the hazard and conform with this title. (Ord. 15051 § 227, 2004). 21A.50.030 Violations defined. No buiUng permit or land use approval in conflict with the provisions of this title shall be issued. Structures or uses which do not conform to this title, except legal nonconformances specified in K.C.C. 21A_32 and approved variances, are violations subject to the enforcement, penalty and abatement provisions of Title 23, including but not limited to -- A. Establishing a use not permitted in the zone in which it is located; B. Constructing, expanding or placing a structure in violation of setback, height and other dimensional standards in this title; C. Establishing a permitted use without complying with applicable development standards set forth in other titles, ordinances, rules or other laws, including but not limited to, road construction, surface water management, the Fire Code, and rules of the department of public health; D. Failing to carry out or observe conditions of land use or permit approval, including contract development standards; E. Failing to secure required land use or permit approval prior to establishing a permitted use; and F. Failing to maintain site improvements, such as landscaping, panting or drainage control facilities as required by this code or other King County ordinances, (Ord. 10870 § 631, 1993). (icing County 6-2006) 21 A---373 21A.50.035 - 21A.50.037 ZONING 21A.50.035 Critical areas violations - corrective work required. A. A person who alters a critical area or buffer in violation of law shall undertake corrective work in compliance with this chapter and K.C.C. chapter 23.08. When feasible, corrective work shall include restoration of the critical area and buffer. Corrective work shall be subject to all permits or approvals required for the type of work undertaken. In addition, the violator shall be subject to all fees associated with investigation of the violation and the need for corrective work, B. When a wetland or buffer is altered in violation of this title, restoration of the wetland and buffer shall comply with the restoration standards in K.C.C. 21A.24.340. C. When an aquatic area or buffer is altered in violation of this title, restoration of the stream and buffer shall comply with the restoration standards in K.C.C. 21A.24.380. D. All corrective work shall be completed within the time specified in the corrective work plan, but in no case later than one year from the date the corrective work plan is approved by the department, unless the director authorizes a longer period. The violator shall notify the department when restoration measures are installed and monitoring is commenced. E_ Any failure to satisfy corrective work requirements established by law or condition including, but not limited to, the failure to provide a monitoring report within thirty days after it is due or comply with other provisions of an approved corrective work plan shall constitute a default, and the department may demand payment of any financial guarantees or require other action authorized by K.C.C. Title 27A or other applicable law. F. Reasonable access to the corrective work site shall be provided to King County for the purpose of inspections during any monitoring period. (Ord. 15051 § 228, 2004). 21 A.50.037 Critical areas violations - corrective work plan and monitoring. A. Except as otherwise provided in subsection D. of this section, a person who violates this title shall submit a proposed corrective work plan to the department for approval. The department may modify the plan and shall approve it only if the department determines that the plan complies with the requirements for mitigation plans in K.C.C. 21A.24.130. B. All corrective work shall be accomplished according to the approved corrective work plan, and corrective work shall not be undertaken until after approval of the plan by the department. C. Corrective work shall be monitored in accordance with the approved corrective work plan. Monitoring may be required for up to five years. Monitoring under the corrective work plan shall comply with the monitoring requirements in K.C.C. 21A.24.130. D. The director may exempt from this section emergency response activities or other actions required to be undertaken immediately or within a time too short to allow full compliance with this title or to avoid an imminent threat to pubic health or safety or to property. (Ord_ 15051 § 229, 2004). (King County 6-2006) 21 A-374 ENFORCEMENT 21A.50.040 - 21A.50.050 21A.50.040 Permit suspension, revocation or modification. A. Permit suspension, revocation or modification shall be carried out through the procedures set forth in K.C.C. Title 23. Any permit, variance, or other land use approval issued by King County pursuant to this title may be suspended, revoked or modified on one or more of the following grounds: 1. The approval was obtained by fraud; 2. The approval was based on inadequate or inaccurate information; 3. The approval, when given, conflicted with existing laws or regulations applicable thereto; 4. An error of procedure occurred which prevented consideration of the interests of persons directly affected by the approval; 5. The approval or permit granted is being exercised contrary to the terms or conditions of such approval or in violation of any statute, law or regulation; 6. The use for which the approval was granted is being exercised in a manner detrimental to the public health or safety; 7. The holder of the permit or approval interferes with the director or any authorized representative in the performance of his or her duties; or S. The holder of the permit or approval fails to comply with any notice and order issued pursuant to K.C.C. Title 23. B. Authority to revoke or modify a permit or land use approval shall be exercised by the issuer, as follows: 1. The council may, after a recommendation from the examiner, revoke or modify any residential density incentive approval, transfer of development credit, Urban Planned Development, preliminary subdivision, zone reclassification or special use permit; 2. The adjustor may revoke or modify any variance or conditional use permit, provided that if it was reviewed through a public hearing, a new public hearing shall be held on its revocation or modification; and 3. The director may revoke or modify any permit or other land use approval issued by the director. (Ord. 10870 § 632, 1993). 21A.50.050 Initiation of revocation or modification proceedings. A. The director may suspend any permit, variance or land use approval issued by any King County issuing agency and processed by the department pending its revocation or modification, or pending a public hearing on its revocation or modification; B_ The issuing agency may initiate proceedings to revoke or modify any permit or land use approval it has issued; and C. Persons who are aggrieved may petition the issuing agency to initiate revocation or modification proceedings, and may petition the director to suspend a permit, variance or land use approval pending a public hearing on its revocation or modification. (Ord_ 10870 § 633, 1993). (King County 6-2006) 21 A-375 BLANK 21 A-376 C') 2 a m M N s a in cn DEMONSTRATION PROJECTS 21A.55 Chapter 21 A.55 DEMONSTRATION PROJECTS Sections: 21A.55.010 Purpose. 21A.55.020 Demonstration project -Authority, application and designation. 21A.55.030 Demonstration project - General provisions. 21A.55.050 Demonstration project overlay - rural forest demonstration project. 21A.55.060 Demonstration project overlay - low -impact development and Built Green. (King County 6-2006) 21 A-377 :13 _1`I/ 21 A-378 DEMONSTRATION PROJECTS 21A.55.010 - 21A.55.030 21A.55.010 Purpose. Purpose. The purpose of this section is to provide for "demonstration projects" as a mechanism to test and evaluate alternative development standards and processes prior to amending King County policies and regulations. Alternative development standards might include standards affecting building and/or site design requirements. Alternative processes might include permit review prioritization, alternative review and revision scheduling, or staff and peer review practices_ All demonstration projects shall have broad public benefit through the testing of new development regulations and shall not be used solely to benefit individual property owners seeking relief from King County development standards. A demonstration project shall be designated by the Metropolitan King County Council, Designation of each new demonstration project shall occur through an ordinance which amends this code and shaft include provisions that prescribe the purpose(s) and location(s) of the demonstration project. Demonstration projects shall be located in urban and/or rural areas which are deemed most suitable for the testing of the proposed alternative development regulations. Within such areas development proposals may be undertaken to test the efficacy of alternative regulations that are proposed to facilitate increased quality of development and/or increased efficiency in the development review processes. (Ord. 12627 § 1, 1997). 21A.55.020 Demonstration project - Authority, application and designation. A. Authority and Application of Demonstration Projects. In establishing any demonstration project, the council shall specify the following provisions- 1 _ The purpose of the demonstration project; 2_ The location(s) of the demonstration project; 3. The scope of authority to modify standards and the lead agency/department with authority to administer the demonstration project; 4. The devdlopment standards established by this title or other titles of the King County Code which affect the development of property that are subject to administrative modifications or waivers; 5. The process through which requests for modifications or waivers are reviewed and any limitations on the type of permit or action; 6. The criteria for modification or waiver approval; 7. The effective period for the demonstration project and any limitations on extensions of the effective period; 8. The scope of the evaluation of the demonstration project and the date by which the executive shall submit an evaluation of the demonstration project; and 9. The date by which the executive shall submit an evaluation of specific alternative standards and, if applicable, proposed legislation. B. A demonstration project shall be designated by the Metropolitan icing County Council through the application of a demonstration project overlay to properties in a specific area or areas_ A demonstration project shall be indicated on the zoning map or a notation in the SITUS File maintained by the department of development and environmental services, by the suffix "-DPA' (meaning demonstration project area) following the map symbol of the underlying zone or zones. Within a designated demonstration project area, approved alternative development regulations may be applied to development applications. (Ord. 12627 § 2, 1997). 21A.55.030 Demonstration project - General provisions. A. The demonstration projects set forth in this chapter are the only authorized demonstration projects. New or amended demonstration projects to carry out new or different goals or policies shall be adopted as part of this chapter. B. Demonstration projects must be consistent with the King County Comprehensive Plan. Designation of a demonstration project and its provisions to waive or modify development standards must not require nor result in amendment of the comprehensive plan nor the comprehensive land use map. (King County 12-2006) 21A-379 21A.55.030 - 21A.55.050 ZONING C. Unless they are specifically modified or waived pursuant to the provisions of this chapter, the standard requirements of this title and other county ordinances and regulations shall govern all development and land uses within a demonstration project area. Property -specific development standards (P-suffix conditions) as provided in K.C.C_ 21A_38 shall supersede any modifications or waivers allowed by the provisions of this chapter. D. Demonstration project sites should be selected so that any resulting amended development standards or processes can be applied to similar areas or developments. Similar areas could include those with similar mixes of use and zoning. Similar developments could include types of buildings such as commercial or multifamily and types of development such as subdivisions or redevelopment. (Ord. 12627 § 3, 1997). 21A.55.050 Demonstration project overlay - rural forest demonstration project. A_The purpose of the rural forest demonstration project is to test techniques to maintain long-term forest uses in areas with a predominant parcel size of significantly less than eighty acres that are located in proximity to residential development, The demonstration project will also provide information and data to assist in the development of King County Comprehensive Plan policies to guide application and refinement of forest protection regulations. B. The rural forest demonstration project will be implemented on the five -hundred -ten -acre site located east of the Rattlesnake Mountain Scenic Area, as shown in Attachment A* to Ordinance 13275. C. The rural forest demonstration project shall include: 1. Preparation of a forest management plan for the entire demonstration project site. The forest management plan shall be developed jointly by the department of natural resources and parks and the property owner with input from the Washington state Department of Natural Resources, local tribes and citizens, and shall be approved by the director of the department of natural resources and parks. The forest management plan shall include: a. an inventory of existing conditions, including current tree species and respective size ranges, understory composition, critical areas, natural and human induced disturbance regimes and history of ecosystem changes; b, objectives for forest management including water quality protection, habitat enhancement, maintenance of scenic areas, surface water management and minimal impacts to neighbors, C. a reforestation element consistent with these management objectives including establishment of stream buffers of one hundred eighty-three feet for Class II streams with salmonids and one hundred feet for Class III streams; and d. an operation and maintenance element including anticipated harvest activities; 2. Creation of a dedicated fund of the Uplands Snoqualmie Valley Homeowners Association the proceeds of which may be expended solely to implement and monitor the forest management plan. The net proceeds of any harvest of forest products from the common tracts of the Uplands Snoqualmie Valley shall be deposited in such fund to the extent necessary to bring the aggregate amount of money in such fund to an amount reasonably anticipated to be needed to pay the cost of implementing and monitoring the forest management plan for the current and next two calendar years; 3. Creation of a Stewardship Committee of the Uplands Snoqualmie Valley Homeowners Association to implement the forest management plan. The stewardship committee shall, in consultation with King County and Washington state Department of Natural Resources: ensure sufficient funding is available for implementation of the forest management plan, hire a qualified forester or foresters to implement the forest management plan and hire qualified staff to monitor implementation of the forest management plan and prepare required reports. King County and the Washington state Department of Natural Resources shall annually inspect the property for compliance with the forest management plan consistent with the terms of the conservation easement and King County shall offer training to the members of the stewardship committee on forestry techniques and issues; *Available at the office of the clerk of the council. (King County 12-2006) 21 A-380 DEMONSTRATION PROJECTS 21A.55.050 4. Application and review of a formal subdivision of forty-one lots, exclusive of common tracts, on the five hundred -ten -acre site. The subdivision and infrastructure shall be designed to integrate with the forest landscape, including pavement widths no wider than needed to meet safety considerations. A goal of the demonstration project is to test the marketability of these forest lots in a timely manner; to that end, it is a goal of King County to render a decision on the subdivision application within six months of submittal of the application. A priority review process shall be implemented as permitted by K.C.C_ 21A.55.010. The department of development and environmental services shall assign a permit coordinator and a project review team to complete review of all aspects of the application, and shall negotiate appropriate fees for the review process with the applicant. Neither the designation of the site as a demonstration project nor approval of the forest management plan constitute approval of the subdivision application or in any way limit King County discretion in SEPA review or application of regulations to the subdivision application; 5. Dedication or conveyance, upon final plat approval, to King County or a qualified nonprofit conservation organization of a conservation easement in perpetuity upon the demonstration project site that: prohibits any future subdivision activity; prohibits all development of the site other than residential development of no more than forty-one lots; restricts such residential development and associated lawn, landscaped areas, driveways and fenced areas to an area not to exceed two acres within each lot; restricts the uses of the remaining nonresidential portion of the site to open space and forest practices and incidental uses necessary for the residential use on the forty-one lots such as for roads, access drives (not including on -site driveways) utilities and storm detention; provides for the dedicated fund as described in K.C.C. 21A.55A50C.2; requires the owner to exercise its reasonable best efforts to implement the forest management plan and provides for enforcement of the terms of the conservation easement first through nonbinding mediation, Adoption of this demonstration project shall be subject to council review of the conservation easement, a copy of which shall be provided to the council by August 20, 1998; and 6. An inventory of properties within King County with similar characteristics to the rural forest demonstration project site and an analysis of the potential effects of development of those properties under the same requirements as the demonstration project, D. Application to modify or waive development standards of K,C.C. Title 21A for this individual development proposal shall be administratively approved by the director of the department of development and environmental services and shall be consistent with an approved forest management plan developed for the entire five -hundred -ten acre site. E. The application to modify or waive development standards for this development proposal shall be evaluated on the merits of the specific proposal. Approval or denial of a proposed modification or waiver shall not be construed as precedent setting for elsewhere in the county. F. Modification or waivers approved pursuant to the rural forest demonstration project shall be in addition to those modifications or waivers that are currently allowed by K.C.C. Title 21A. The range of proposed modifications to development regulations that may be considered pursuant to the rural forest demonstration project shall only include the following zoning code regulations: 1. Development Standards - Landscaping and Water Use, K.C.C. chapter 21A.16, limited to the following sections: a. landscaping - street frontages, K.C.C. 21A.16.050; b. landscaping - interior lot lines, K.C.C. 21A.16.060; and c. landscaping - additional standards for required landscape areas, K.C.C. 21A.16.D90. 2. Development Standards - Parking and Circulation, K.C,C. chapter 21A.18, limited to the following sections: a. pedestrian and bicycle circulation and access, K.C.C. 21A.18.100; and b. off-street parking plan design standards, K.C.C. 21A.18.110. G. The modification or waiver review process is as follows: 1. Requests for modifications or waivers may only be submitted in relation to a formal subdivision proposal; 2. Requests shall be: a. submitted to the department of development and environmental services prior to or in conjunction with the subdivision application for preliminary approval of a formal subdivision on the project site; and (King County 12-2006) 21 A-381 21A.55.050 ZONING b. in writing, along with any supporting documentation. The supporting documentation must illustrate how the proposed modification meets the criteria of K.C.C. 21A.55.050.H; 3. Notice of application, review and approval of proposed modifications or waivers submitted in conjunction with a formal subdivision application shall be treated as a Type 2 land use decision. In approving a proposed modification or waiver, the director must conclude that the criteria for approval in K.C.C. 21A.55.050.H have been met; 4. A preapplication meeting to determine the need for, and the likely scope of, a proposed modification or modifications or waiver or waivers shall be required prior to submittal of a modification request; and 5. Administrative appeals of director approved modifications or waivers shall be combined with consideration of the underlying application for preliminary subdivision approval. H. The application for a rural forest demonstration project must, for modification or waiver approval, demonstrate how the proposed project, with modifications or waivers to the code, will be consistent with and implement the approved forest management plan_ This shall be demonstrated by documenting that the development with modifications or waivers: 1. Enhances the preservation of forestry for resource value, open space, scenic views and wildlife habitat; 2. Reduces impacts on the natural environment or restores natural functions; and 3. Supports the integration of forest uses and homesites. I. The forest management plan for a rural forest demonstration project shall be developed and a decision on its approval or denial shall be reached no more than thirty days after designation of the site as a rural forest demonstration project. If the forest management plan is not approved thirty days after designation as a rural forest demonstration project, the executive shall propose restoring the site to its prior land use designations and zoning classifications as part of the 1999 amendments to the King County Comprehensive Plan. Regulatory modification or waiver applications authorized by Ordinance 13275 shall not be accepted by the department of development and environmental services after March 1, 1999. Modifications or waivers to the King County Code contained within an approved development proposal shall be valid as long as the underlying permit. The rural forest demonstration project shall continue for a period of five years from the final approval of the subdivision application, with reporting periods specific to measuring the goals of the forest management plan, J. The director of the department of natural resources and parks shall submit a report on the rural forest demonstration project to the council following approval of the forest management plan evaluating the process used to prepare the forest management plan, an inventory of other properties that have similar characteristics to the demonstration project site, the applicability and potential effects of allowing these other properties to develop under the same requirements as the demonstration project and recommending any changes that should be made to county policy or regulations to maintain long-term forestry in areas no longer managed for large-scale commercial forestry. In addition, a report shall be prepared annually by qualified staff retained by the Stewardship Committee of the Uplands Snoqualmie Valley Homeowners Association or subsequent management entity of the forest management plan and submitted to the Rural Forest Commission. The annual reporting shall commence six months following final approval of the subdivision. The first two annual reports shall describe the annual work program and budget for implementation of the forest management plan, progress made in implementing the work program, and success in marketing the homesites. Annual reports for the subsequent three years shall document the annual budget and continued progress in implementing the forest management plan, the level of involvement by homeowners in forest management and any problems in implementation generated by homeowners. The Rural Forest Commission shall review the annual reports and shall inform the director of the department of natural resources and parks if it has found that necessary implementation measures of the forest management plan have not been followed_ If so, and if the director of the department of natural resources and parks determines it is necessary, the director shall request the Stewardship Committee of the Uplands Snoqualmie Valley Homeowners Association to take corrective action. If satisfactory action is not taken, the director may invoke the enforcement mechanism of the conservation easement. The annual reports will also provide information for further consideration of changes to county policies or regulations for maintenance of long-term forestry_ (Ord. 15606 § 31, 2006: Ord. 14199 § 239, 2001: Ord. 13275 § 1, 1998)_ (King County 12-2006) 21 A---382 DEMONSTRATION PROJECTS 21A.55.060 21A.55.060 Demonstration project overlay — low -impact development and Built Green. A. The purpose of the low -impact development and Built Green demonstration projects is to determine whether innovative permit processing, site development and building construction techniques based on low -impact development and building construction practices result in environmental benefits, affordable housing and lead to administrative and development cost savings for project applicants and King County. The demonstration projects will provide information on application of these techniques to an urban infill mixed -use redevelopment project, an urban single family residential project, a Vashon Town housing project and an urban infill residential redevelopment project. The demonstration projects will also provide information to assist in the development of King County Comprehensive Plan policies to guide application and refinement of regulations such as zoning, subdivision, roads and stormwater regulations. Expected benefits from the demonstration projects include: improved conditions of habitat, ground and surface waters within a watershed; reduced impervious surface areas for new site infrastructure in developed and redeveloped projects; greater use of recycled -content building materials and more efficient use of energy and natural resources; and the opportunity to identify and evaluate potential substantive changes to land use development regulations that support and improve natural functions of watersheds. The demonstration projects will also evaluate whether consolidated administrative approval of modifications or waivers and any subsequent hearings, if required, effectively speeds the development review process while maintaining land use coordination and environmental protection, and whether that leads to administrative costs savings for project applicants and King County, B. The department shall implement the low -impact development and Built Green demonstration projects in all or a portion of each of the following: the White Center neighborhood of the Greenbridge Project as described in Attachment A* to Ordinance 14662; the unincorporated Urban Area north of Burien at approximately 4th Avenue Southwest and Southwest 116th Street known as Park Lake Homes II as described in Attachment A' to Ordinance 16099 the unincorporated Urban Area east of Renton at approximately 148th Avenue Southeast and Southeast 128th Street as described in Attachment B* to Ordinance 14662; and the Vashon Town as described in Attachment C* to Ordinance 14662. If the geographic boundaries of the Greenbridge Project are expanded, the provisions of this ordinance may apply provided the criteria in subsection L. of this section are met. C. A request by the applicant to modify or waive development standards for the development proposals shall be evaluated by the department based on the criteria in subsection L. of this section. A request shall first be either approved or denied administratively and may be further reviewed as described in subsection H.3. of this section. Approval or denial of the proposed modification or waiver shall not be construed as applying to any other development application either within the demonstration project area or elsewhere in the county. D. A modification or waiver approved by the department in accordance with the low -impact development and Built Green demonstration projects shall be in addition to those modifications or waivers that are currently allowed by K_C_C. Title 9 and this title. The range of proposed modifications or waivers to development regulations that may be considered pursuant to the low -impact development and Built Green demonstration projects shall include only the following King County code regulations and related public rules: 1. Drainage review requirements: K.C.C. chapter 9.04 and the Surface Water Design Manual; 2. King County road standards: K.G.C. 14.42.010 and the King County road design and construction standards; 3. Density and dimensions: K.C.C. chapter 21A.12, if the base density is that of the zone applied to the entire demonstration project and if the minimum density is not less than the minimum residential density of the zone calculated for the portion of the site to be used for residential purposes, in accordance with K.C.C. 21A,12.060. However, if a demonstration project provides fifty-one percent or more of the housing to households that, at the time of initial occupancy, have incomes of eighty percent or less of median income for King County as periodically published by the United States Department of Housing and Urban Development, or its successor agency, or if fifty-one percent or more of the rental housing is permanently priced to serve low-income senior citizens, then the director may approve: a, less than the minimum density; and 'Available in the office of the clerk of the council. 21A--383 (King County 6-2008) 21A.55.060 ZONING b. for parcels within the area bounded by SW Roxbury Street, 12th Avenue SW, SW 102nd Street and 2nd Avenue SW that are developed in conjunction with the Greenbridge Project, greater than the maximum density, up to a maximum of R-48 (Residential forty-eight dwelling units per acre); 4. Design requirements: K.G.C. chapter 21A.14; 5. Landscaping and water use: K.G.C. chapter 21A.16; 6. Parking and circulation: K.C.C. chapter 21A.18; 7. Signs: K.C.C. chapter 21A.20; and 8_ Environmentally sensitive areas: K.C.C. chapter 21A.24, if the modification results in a net improvement to the functions of the sensitive area. E. A demonstration project authorized by this section and located in the R-12 through R-48 zones may contain residential and limited nonresidential uses subject to the following provisions: 1. The demonstration project may request a modification or waiver of any of the development conditions contained in K.C.C. 21A.08.030, 21A.08.040, 21A_08.050, 21A.0&060, 21A.08.070, 21A.08.080 and 21A.08.100, subject to the review process described in subsection H. of this section and the criteria described in subsection L. of this section. 2. The demonstration project may include single family detached residential dwelling units as a permitted use, subject to the review process described in subsection H. of this section and the criteria described in subsection L. of this section. 3. The demonstration project may include any nonresidential use allowed as a permitted use in the NB zone, subject to any development conditions contained in K.C.C. 21A.08,040, 21A.08.050, 21A.08.060, 21A.08.070, 21A.08.080 and 21A.08.100, without the need to request a modification or waiver as described in subsection H. of this section. The applicant may request a modification or waiver of the development conditions contained in K,C.C. 21A.08.030, 21A.08.040, 21A,08.050, 21A.08.060, 21A.08.070, 21A.08.080, and 21A.08.100, subject to the criteria in subsection L. of this section. If a nonresidential use is permitted in the R-12 through R-48 zones, subject to development conditions, and is permitted in the NB zone without development conditions, the use shall be permitted in the demonstration project without development conditions and without the need to request a modification or waiver. 4. if a nonresidential use is subject to a conditional use permit in the R-12 through R-48 zones and not subject to a conditional use permit in the NB zone, the use shall be permitted in the demonstration project without requiring a conditional use permit. 5_ If a use is subject to a conditional use permit in both the R-12 through R-48 zones and the NB zone or only in the NB zone, the use may be permitted in the demonstration project if the demonstration project applies for and obtains a conditional use permit and satisfies the conditional use permit criteria. 6. Uses authorized by this subsection shall be allowed only as part of a demonstration project under this section. All such uses shall be subject to the development standards in KCC 21A.12.030, except as may be modified or waived under subsection D_ of this section and this subsection E. F. A site in the NB and R-12 through R-48 zones located in a demonstration project authorized by this section may contain residential uses subject to the following: 1. The demonstration project may request a modification or waiver for the site of any of the development conditions contained in K.C.C. 21A.08.030, 21A.08.040, 21A.08.050, 21A.08.060, 21A.08.070, 21A.08.080 and 21A.08.100, subject to the review process described in subsection H. of this section and the criteria described in subsection M. of this section; 2. The site may include single family detached residential dwelling units as a permitted use, subject to the review process under subsection H. of this section and the criteria described in subsection M of this section; 3_ The site may include any residential use allowed as a permitted use in the R-12 through R-48 zones, subject to any development conditions in K.C.C. 21A.08.030, without the need to request a modification or waiver under subsection H. of this section. The applicant may request a modification or waiver of the development conditions in K_C.C_ 21A_08.030, subject to the criteria in subsection M_ of this section. If a residential use is permitted, subject to development conditions, in the NB zone and is permitted without conditions in the R-12 through R-48 zones, the use shall be permitted without development conditions and without the need to request a modification or waiver; (King County 6-2008) 21 A-384 DEMONSTRATION PROJECTS 21A.55.060 4. If a residential use is a conditional use in the NB zone and is a permitted use in the R-12 through R-48 zones, the use shall be permitted as a permitted use under the conditions that apply in the R12 through R-48 zones; 5. If a use is subject to a conditional use permit in both the R-12 through R-48 zones and the NB zone or only in the R-12 through R-48 zones, the use shall be permitted in the demonstration project if the demonstration project applies for and obtains a conditional use permit and satisfies the conditional use permit criteria; and 6. Uses authorized by this subsection shall be allowed only as part of a demonstration project under this section. All such uses shall be subject to the development standards in K.C.C. 21A.12.040, except as may be modified or waived under subsection D. of this section and this subsection F. G. This subsection authorizes a residential basics program for townhouse and apartment building types if such housing are located in a demonstration project located in the R-12 through R-48 zones, even if not otherwise authorized by the department of development and environmental services public rules chapter 16-04: residential basics program. H.I. Requests for a modification or waiver made in accordance with this section may only be submitted in writing in relation to the following types of applications: a. a site development permit; b. a binding site plan; c. a building permit; d. a short subdivision; e. a subdivision; f. a conditional use permit; or g. a clearing and grading permit. 2. Requests shall be submitted to the department in writing before or in conjunction with an application for one or more of the permits listed in this subsection, together with any supporting documentation. The supporting documentation must illustrate how the proposed modification meets the criteria of subsection L. of this section. 3. Except for an applicant's request for a modification or waiver submitted in conjunction with an application for a subdivision, the notice of application, review and approval of a proposed modification or waiver shall be treated as a Type 2 land use decision in accordance with K.G.C. 20.20.020. The request for a modification or waiver submitted in conjunction with an application for a subdivision shall be treated as a Type 3 land use decision in accordance with K.C.C. 20.20.020, 4. A preapplication meeting with the applicant and the department to determine the need for and the likely scope of a proposed modification or waiver is required before submittal of such a request. The department of natural resources and parks and the department of transportation shall be invited to participate in the preapplication meeting, if necessary. 5. If the applicant requests a modification or waiver of K.C.C. 9.04.050 or the Surface Water Design Manual, the director shall consult with the department of natural resources and parks before granting the modification or waiver. 6. If the applicant requests a variance from the county road standards, the director shall refer the request to the county road engineer for decision under KCC 14.42.060, with the right to appeal within the department of transportation as provided in K.C.C. 14,42.062. The purposes of this demonstration ordinance are intended as a factor to be considered relative to the public interest requirement for road variances described in K.C.C. 14.42.060. 7_ Administrative appeals of modifications or waivers approved by the director shall be combined with any appeal of the underlying permit decision, if the underlying permit is subject to appeal. I. The hearing examiner may consider an environmental impact statement adequacy appeal in conjunction with a demonstration project plat appeal if the environmental impact statement is prepared by a lead agency other than the department and if its adequacy has not previously been adjudicated, even if not otherwise authorized by K.C.C. 20.44.120. (King County 6-2008) 21 A-385 21A.55.060 ZONING J. An approved development proposal for any of the applications listed in subsection H.1. of this section, including site plan elements or conditions of approval, may be amended or modified at the request of the applicant or the applicant's successor in interest designated by the applicant in writing. The director may administratively approve minor modifications to an approved development proposal. Modifications that result in major changes as determined by the department or as defined by the approval conditions, shall be treated as a new application for purposes of vesting and shall be reviewed as applicable to the underlying application pursuant to K.C.C. 2020,020, Any increase in the total number of dwelling units above the maximum number set forth in the development proposal permit or approval shall be deemed a major modification. The county, through the applicable development proposal permit or approval conditions, may specify additional criteria for determining whether proposed modifications are major or minor. The modifications allowed under this section supercede other modification or revision provisions of K.C.C. Title 16, Title 19A and this title. K.1. The preliminary subdivision approval of a subdivision with more than four hundred units that is part of a demonstration project under this section shall be effective for eighty-four months, even if not otherwise authorized by K.C.C. 19A.12.020. The director may administratively grant a one-time extension, extending the preliminary subdivision approval an additional five years, only if the applicant has shown substantial progress towards development of the demonstration project. Before granting the extension, the director will assess the applicant's compliance with the demonstration project conditions and may modify or impose new standards deemed necessary for the public health or safety. 2. A code modification or waiver approved under this section is effective during the validity of the underlying development permit or for forty-eight months, whichever is longer. L.1. To be eligible to use the provisions of the demonstration project, development proposals must be located within the boundaries of the Greenbridge Project as described in Attachment A* to Ordinance 15654, or as may be modified as described in subsection B*. of this section; in the unincorporated urban area north of Burien at approximately 4th Avenue Southwest and Southwest 116th Street known as Park Lake Homes II as described in Attachment A* to Ordinance 16099; in the area east of Renton at approximately 148th Avenue Southeast and Southeast 128th Street as described in Attachment B* to Ordinance 14662; and in the Vashon Town as described in Attachment C* to Ordinance 14662. 2. Proposals to modify or waive development regulations for a development application must be consistent with general health, safety and public welfare standards, and must not violate state or federal law. 3.a. Applications must demonstrate how the proposed project, when considered as a whole with the proposed modifications or waivers to the code, will meet all of the criteria listed in this subsection, as compared to development without the modification or waiver, and achieves higher quality urban development; enhances infill, redevelopment and greenfield development; optimizes site utilization; stimulates neighborhood redevelopment; and enhances pedestrian experiences and sense of place and community. b. Any individual request for a modification or waiver must meet two or more of the following criteria: (1) uses the natural site characteristics to protect the natural systems; (2) addresses stormwater and drainage safety, function, appearance, environmental protection and maintainability based upon sound engineering judgment; (3) contributes to achievement of a two -star or a three -star rating for the project site under the Built Green "Green Communities" program recognized by the Master Builders Association of King and Snohomish counties; or (4) where applicable, reduces housing costs for future project residents or tenants without decreasing environmental protection. 4. The criteria of this subsection supercede other variance, modification or waiver criteria and provisions of K.C.C. Title 9 and Title 21A. *Available in the office of the clerk of the council. (King County 6-2008) 21 A-386 DEMONSTRATION PROJECTS 21A.55.060 M.1. Except for Park Lake Homes 11 and the part of Greenbridge that was added to the demonstration project by Ordinance 15654, regulatory modification and waiver applications, or both, authorized by this section shall be filed with the department by December 31, 2007, or by such a later date as may be specified in the conditions of any development approval for any type of modification or waiver for which the opportunity for future application is expressly granted in those conditions_ For Park Lake Homes II and the part of Greenbridge that was added to the demonstration project by Ordinance 15654, regulatory modification and waiver applications, or both, authorized by this section shall be filed with the department by December 31, 2010, or by such a later date as may be specified in the conditions of any development approval for any type of modification or waiver for which the opportunity for future application is expressly granted in those conditions. 2. Modifications or waivers contained within an approved development proposal shall be valid as long as the underlying permit or development application approval is valid. A permit or approval that implements an approved code modification or waiver shall be considered under the zoning and other land use control ordinances in effect on the date the applicable complete code modification or waiver application is filed. 3. Except for Park Lake Homes 11 and the part of Greenbridge that was added to the demonstration project by Ordinance 15654, modifications or waivers that are approved as separate applications must be incorporated into a valid permit or development application that must be filed by December 31, 2007. For Park Lake Homes 11 and the part of Greenbridge that was added to the demonstration project by Ordinance 15654, modifications or waivers that are approved as separate applications must be incorporated into a valid permit or development application that must be filed by December 31, 2010. 4_ The director may extend the date for filing the demonstration project permit and development applications for a maximum of twelve months. 5. Except for Park Lake Homes II and the part of Greenbridge that was added to the demonstration project by Ordinance 15654, the ability to establish the location and maximum size of uses that are not otherwise permitted in the R-12 through R-48 zones as set forth in subsection E. of this section expires December 31, 2007. For Park Lake Homes II and the part of Greenbridge that was added to the demonstration project by Ordinance 15654, the ability to establish the location and the maximum size of uses that are not otherwise permitted in the R-12 through R-48 zones as set forth in subsection E. of this section expires December 31, 2010. The ability to establish the location and maximum size of uses that are not otherwise permitted in the NB zone or the R-18 zone as set forth in subsection F_ of this section expires at the end of the effective period established in subsection K. of this section. 6_ Any deadline set forth in this subsection shall be adjusted to include the time for appeal of all or any portion of the project approval. N.1. By December 31, 2006, the director shall prepare and submit to the council a report on the pilot programs that: a. describes and evaluates the pertinent preliminary results from the demonstration projects; and b_ recommends changes, based on the evaluation, which should be made to the county processes and ordinances. 2. If only insufficient or inconclusive data are available when this report is due, the director shall provide an interim status report and indicate the date a subsequent report or reports will be transmitted to fully evaluate outcomes of the demonstration projects. (Ord. 16099 § 1, 2008: Ord. 15654 § 1, 2D06: 14662 § 1, 2003). (King County 6-2008) 21 A-387 BLANK 21 A-388