Bellevue City Zoning Code

CHAPTER 20

30 Permits and Decisions

Part 20.30T Reasonable Accommodation

Any person claiming to have a handicap or disability, or someone acting on his or her behalf, who wishes to be excused from an otherwise applicable requirement of this Land Use Code under the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b), or the Washington Law Against Discrimination, Chapter 49.60 RCW, must provide the Director of the Development Services Department with verifiable documentation of handicap or disability eligibility and need for accommodation. The Director shall act promptly on the request for accommodation. If handicap or disability eligibility and need for accommodation are demonstrated, the Director shall approve an accommodation which may include granting an exception to the provisions of this Code. The Director shall not charge any fee for responding to such a request. The Director’s decision shall constitute final action by the City on the request for accommodation, and review of that decision will be available only in court. An action seeking such review must be filed not more than 21 days after the Director’s decision. (Ord. 6197, 11-17-14, § 25; Ord. 5001, 7-7-97, § 5)

20.30A.110 Scope.

This Part 20.30A establishes the procedure and criteria that the City will use in making a decision upon an application for a rezone of property from one land use district to another land use district or for any change in the conditions imposed or in the terms of a concomitant agreement executed as part of a rezone. (Ord. 4973, 3-3-97, § 812; Ord. 4816, 11-27-95, § 912)

20.30A.115 Applicability.

This part applies to each application for a rezone of property. (Ord. 4973, 3-3-97, § 813; Ord. 4816, 11-27-95, § 913)

20.30A.120 Purpose.

A rezone of property is a mechanism by which the land use district classification, conditions or concomitant agreement applicable to property can be changed to reflect new land use policies. (Ord. 4973, 3-3-97, § 814; Ord. 4816, 11-27-95, § 914)

20.30A.140 Decision criteria.

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

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

B. The rezone bears a substantial relation to the public health, safety, or welfare; and

C. The rezone is warranted in order to achieve consistency with the Comprehensive Plan or because of a need for additional property in the proposed land use district classification or because the proposed zoning classification is appropriate for reasonable development of the subject property; and

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

E. The rezone has merit and value for the community as a whole. (Ord. 4973, 3-3-97, § 818; Ord. 4816, 11-27-95, § 918)

20.30A.145 Limitation on authority.

The City may not approve a rezone of property which is governed by a resolution or ordinance of the City Council which temporarily prohibits rezone of the property. (Ord. 4973, 3-3-97, § 819; Ord. 4816, 11-27-95, § 919)

20.30A.150 Map change.

Following approval of a rezone of property, the City shall amend the zoning map of the City to reflect the change in land use district. The City shall also indicate on the zoning map the number of the ordinance adopting the change. (Ord. 4973, 3-3-97, § 820; Ord. 4816, 11-27-95, § 920; Ord. 4028, 7-17-89, § 7)

20.30A.155 Concomitant agreement.

The City is specifically authorized to require that the applicant enter into a concomitant agreement with the City as a condition of the rezone, and may through that agreement impose development conditions designed to mitigate potential impacts of the rezone and development pursuant thereto. (Ord. 4973, 3-3-97, § 821; Ord. 4816, 11-27-95, § 921)

20.30B.110 Scope.

This Part 20.30B establishes the procedure and criteria that the City will use in making a decision upon an application for a Conditional Use Permit.

20.30B.115 Applicability.

This Part 20.30B applies to each application for a Conditional Use Permit, except as otherwise provided in Part 20.30C LUC. (Shoreline Conditional Use Permit).

20.30B.120 Purpose.

A Conditional Use Permit is a mechanism by which the City may require special conditions on development or on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same land use district and in the vicinity of the subject property.

20.30B.140 Decision criteria.

The City may approve or approve with modifications an application for a Conditional Use Permit if:

A. The conditional use is consistent with the Comprehensive Plan; and

B. The design is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and

C. The conditional use will be served by adequate public facilities including streets, fire protection, and utilities; and

D. The conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and

E. The conditional use complies with the applicable requirements of this Code. (Ord. 5481, 10-20-03, § 4; Ord. 4972, 3-3-97, § 79; Ord. 4816, 11-27-95, § 178)

20.30B.160 Merger with Binding Site Plan.

A. General. The applicant may request that the site plan approved with the Conditional Use Permit constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.

B. Survey and Recording Required. If a site plan is approved as a Binding Site Plan, the applicant shall provide a recorded survey depicting all lot lines and shall record the approved site plan and survey with the King County Department of Records and Elections. No document shall be presented for recording without the signature of each owner of the subject property.

C. Effect of Binding Site Plan. Upon the approval and recording of a Binding Site Plan the applicant may develop the subject property in conformance with the approved and recorded Binding Site Plan and without regard to lot lines internal to the subject property. Any sale or lease of lots or parcels within the subject property shall be subject to the approved and recorded Binding Site Plan and the requirements of state law. (Ord. 3848, 11-16-87, § 1)

20.30B.165 Periodic review.

The City may impose periodic review requirements as a condition of permit approval. (Ord. 4066, 10-23-89, § 1)

20.30B.170 Modification/revocation.

A. Modification. The City may initiate a modification to an approved Conditional Use Permit. A modification will be processed through Process I, LUC 20.35.100 et seq. Through the modification procedure, the Hearing Body may delete, modify or impose additional conditions upon finding that the use for which such approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses.

B. Revocation. The Hearing Body may revoke an approved permit through Process I, LUC 20.35.100 et seq. An approved permit may be revoked only upon finding that:

1. The use for which the approval was granted has been abandoned for a period of at least one year; or

2. Approval of the permit was obtained by misrepresentation of material fact; or

3. The permit is being exercised contrary to the terms of approval. (Ord. 6670, 7-18-22, § 13; Ord. 4972, 3-3-97, § 83; Ord. 4816, 11-27-95, § 182; Ord. 4066, 10-23-89, § 2)

20.30B.175 Modification or addition to an approved project or decision.

A. There are three ways in which to modify or add to an approved conditional use: process as a new decision, process as a Land Use Exemption, or process as an administrative amendment.

B. General. Except as provided in subsections C and D of this section or as provided in LUC 20.20.128.H.4.b, an amendment of a previously approved project or decision is treated as a new application.

C. Land Use Exemption for Conditional Use Permit. The Director may determine that an addition or modification to a previously approved project or decision is exempt from further review under the administrative amendment process or as a new application, provided the following criteria are met:

1. The proposal does not result in any significant adverse impact beyond the site; and

2. The proposal is within the general scope of the purpose and intent of the original approval; and

3. The proposal complies with all applicable Land Use Code requirements; and

4. The proposal does not add square footage that is more than 20 percent of existing gross square footage; and

5. If an addition or expansion has been approved within the preceding 24-month period, the combined additions will not add square footage that exceeds 20 percent of existing gross square footage.

1. Scope. A proposed amendment which the Director determines meets the criteria of this section will be decided as an administrative amendment unless the applicant has chosen to have the amendment reviewed as a new application.

2. Decision Criteria. The Director shall approve a proposed amendment to an approved project or decision if:

a. The amendment maintains the design intent or purpose of the original approval; and

b. The amendment maintains the quality of design or product established by the original approval; and

c. The amendment is not materially detrimental to uses or property in the immediate vicinity of the subject property.

3. The applicant carries the burden of proof and must demonstrate that the application merits approval or approval with modifications.

4. Conditions. The Director may include conditions as part of the approval or approval with modifications to ensure conformance with the decision criteria for an administrative amendment and for the original approval.

5. Written Decision. The Director shall issue a written decision on the administrative amendment which contains the following:

a. A description of the original project or decision and the proposed administrative amendment; and

b. An analysis of the proposed administrative amendment using the applicable decision criteria, including the facts upon which the decision and any conditions for the project are based; and

c. A statement that the administrative amendment is approved, approved with modifications or denied subject to the provisions of this section. (Ord. 6743, 6-26-23, § 13; Ord. 5790, 12-3-07, § 1; Ord. 5481, 10-20-03, § 5; Ord. 4972, 3-3-97, § 84; Ord. 4816, 11-27-95, § 183)

20.30D.110 Scope.

This Part 20.30D establishes the procedure and criteria that the City will use in making a decision upon an application for a Planned Unit Development.

20.30D.115 Applicability.

A. This part applies to each application for a Planned Unit Development.

B. An applicant may submit an application for a Planned Unit Development for a residential or mixed residential and commercial use project.

C. In no case may a Planned Unit Development include uses which are not permitted by the zoning of the subject property. For purposes of this Part 20.30D, however, a single-family dwelling as defined in LUC 20.50.016 includes dwellings attached by common walls, floors and ceilings. (Ord. 5089, 8-3-98, § 31; Ord. 4972, 3-3-97, § 42; Ord. 4816, 11-27-95, § 141)

20.30D.120 Purpose.

A Planned Unit Development is a mechanism by which the City may permit a variety in type, design, and arrangement of structures; and enable the coordination of project characteristics with features of a particular site in a manner consistent with the public health, safety and welfare. A Planned Unit Development allows for innovations and special features in site development, including the location of structures, conservation of natural land features, protection of critical areas and critical area buffers, the use of low impact development techniques, conservation of energy, and efficient utilization of open space. (Ord. 5682, 6-26-06, § 9)

20.30D.150 Planned Unit Development plan – Decision criteria.

This section was recently amended by Ordinance 6851, codified in August 2025.

The City may approve or approve with modifications a Planned Unit Development plan if:

A. The Planned Unit Development is consistent with the Comprehensive Plan; and

B. The Planned Unit Development accomplishes, by the use of permitted flexibility and variation in design, a development that is better than that resulting from traditional development. Net benefit to the City may be demonstrated by one or more of the following:

1. Placement, type or reduced bulk of structures; or

2. Interconnected usable open space; or

3. Recreation facilities; or

4. Other public facilities; or

5. Conservation of natural features, vegetation and on-site soils; or

6. Reduction in hard surfaces; or

7. Conservation of critical areas and critical area buffers beyond that required under Part 20.25H LUC; or

8. Aesthetic features and harmonious design; or

9. Energy efficient site design or building features; or

10. Use of low impact development techniques; and

C. The Planned Unit Development results in no greater burden on present and projected public utilities and services than would result from traditional development and the Planned Unit Development will be served by adequate public or private facilities, including streets, fire protection, and utilities; and

D. Landscaping within and along the perimeter of the Planned Unit Development is superior to that required by this Code, LUC 20.20.520 and landscaping requirements applicable to specific districts contained in Chapter 20.25 LUC, and enhances the visual compatibility of the development with the surrounding neighborhood; and

E. At least one major circulation point is functionally connected to a public right-of-way; and

F. Open space, where provided to meet the requirements of LUC 20.30D.160.A.1, within the Planned Unit Development is an integrated part of the project rather than an isolated element of the project; and

G. Roads and streets, whether public or private, within and contiguous to the site comply with Transportation Department guidelines for construction of streets; and

H. Streets and sidewalks, existing and proposed, are suitable and adequate to carry anticipated traffic within the proposed project and in the vicinity of the proposed project; and

I. Each phase of the proposed development, as it is planned to be completed, contains the required parking spaces, open space, recreation space, landscaping and utility area necessary for creating and sustaining a desirable and stable environment. (Ord. 6851, 6-24-25, § 42; Ord. 6323, 11-21-16, § 17; Ord. 5876, 5-18-09, § 26; Ord. 5682, 6-26-06, § 10; Ord. 4972, 3-3-97, § 48; Ord. 4816, 11-27-95, § 147)

20.30D.160 Planned Unit Development plan – Conservation feature and recreation space requirement.

A. General. Within a Planned Unit Development including residential uses:

1. Through the conservation design features included in subsection B of this section, the proposal must earn square footage credit totaling at least 40 percent of the gross land area, which includes any critical area or critical area buffer; and

2. At least 10 percent of the gross land area, which includes any critical area or critical area buffer, of the subject property must be retained or developed as common recreation space as defined by LUC 20.50.044; provided, however, that the requirement for recreation space may be waived if the total of critical area and critical area buffer equals at least 40 percent of the gross land area; and

3. Recreation space as required by subsection A.2 of this section may be included within non-critical area conservation design features required by subsection A.1 of this section if:

a. The common recreation space does not interfere with the purposes and functions of the conservation design feature; and

b. At least 20 percent of the gross land area is nonrecreation open space.

Provided, however, that recreation space may not occur in a critical area or a critical area buffer; and

4. The area of the site devoted to pedestrian trails shall not be included in the required common recreation space unless public trails are specifically required by the City; and

5. An outdoor children’s play area meeting the requirements of LUC 20.20.540 may be included in the above-described common recreation space requirement; and

6. For mixed use projects, the required open and recreation space shall be designed to meet the needs of both the residential and commercial uses.

B. Conservation Design Features. To satisfy the requirements of subsection A of this section, a proposal shall include any combination of the following factors. The total square footage credit required in subsection A of this section is calculated by multiplying the square footage actually dedicated to the conservation design feature by the conservation factor set forth below. Where noted, certain conservation design features are not eligible to earn square footage credit unless the minimum size requirements are met. After the minimum size requirement is met, each square foot provided may be used to calculate the square footage credit earned by the feature.

Conservation Design Feature	Conservation Factor	Minimum Size of Retained Area Before Credit Earned
Critical area or areas placed in a tract (connection between isolated critical areas credited as corridor below)	1.0
Preservation of Westside lowland conifer hardwood forest not already in critical area and/or preservation of recommended forest habitat to protect species of local importance	1.2	20,000 sq. ft.
Designated wildlife corridor, trail or other essential connection set aside in a tract	1.2
Critical area buffer increased by 15% or more and placed in tract	1.2
Preservation of native soils and mature trees on required open space or combination of preservation with hydrologic enhancement (soil amendment and tree such that vegetative areas are connected to soil below)	1.1	10,000 sq. ft. canopy cover or amended and planted area
Site area set aside in separate tract to achieve bio-retention and runoff dispersion to natural areas or to soil layer below; e.g., community rain garden, downspout dispersion or similar LID techniques. Must serve more than one residence.	1.1	5,000 sq. ft. reserved for rain garden or dispersion
Landscaped or grass open space in separate tract for active or passive recreation but only partially connected to soil below	1.0	2,500 sq. ft. contiguous area
Paved but pervious open space; e.g., court yards and similar facilities	1.0	1,500 sq. ft.
Impervious paved court yards and similar facilities that meet minimum definition of open space	1.0	2,500 sq. ft.
Built Green certification for green communities	1.0	200 points earned under Built Green’s “Site Design Criteria.” For sites with critical areas, proposal must achieve all of the available points from the open space and habitat preservation sections as part of the total 200 points

C. Maintenance. In appropriate circumstances the City may require a reasonable performance or maintenance assurance device in conformance with LUC 20.40.490 to assure the retention and continued maintenance of all open and recreation space or conservation design feature in conformance with the Land Use Code and the Planned Unit Development plan approval. (Ord. 5682, 6-26-06, § 11; Ord. 4972, 3-3-97, § 50; Ord. 4816, 11-27-95, § 149; Ord. 3775, 5-26-87, § 20)

20.30D.165 Planned Unit Development plan – Request for modification of zoning requirements.

This section has been amended by Ordinance 6894, which is pending codification.

1. General. The applicant may request a bonus in the number of dwelling units permitted by the underlying land use district or the maximum FAR (see general dimensional requirements contained in LUC 20.20.010), and district-specific requirements contained in Chapter 20.25 LUC.

2. Bonus Decision Criteria. The City may approve a bonus in the number of dwelling units allowed by no more than 10 percent over the base density for proposals complying with this subsection A.2. Base density shall be determined on sites with critical areas or critical area buffers pursuant to LUC 20.25H.045. Base density on all other sites shall be determined based on the gross land area of the property excluding either that area utilized for traffic circulation roads or 20 percent, whichever is less. The bonus allowed by this section may be approved only if:

a. The design of the development offsets the impact of the increase in density; and

b. The increase in density is compatible with existing uses in the immediate vicinity of the subject property.

3. Senior Citizen Dwelling. An additional 10 percent density bonus may be approved for senior citizen dwellings if the criteria in subsection A.2 of this section are met and if the average dwelling unit size does not exceed 600 square feet.

B. Height. The applicant may request a modification of height from that allowed by the land use district, provided topography and arrangement of structures does not unreasonably impair primary scenic views (e.g., mountains, lakes, unique skylines) of the surrounding area, as compared to lot-by-lot development. Proposals earning bonus density pursuant to this section or LUC 20.30D.167 may only receive an increase in height if the requirements of subsection A.2 of this section are met, considering the impact of increased height.

C. Zero Lot Line. This is a configuration where the house and/or garage is built up to one of the side lot lines, providing the opportunity for more usable space in the opposing side yard.

1. General. The applicant may request a reduction in the required side setback from that required by the land use district and district specific requirements. Zero lot line setbacks are not permitted for side yards along the perimeter of the PUD.

2. Setback Reduction Decision Criteria. The City may approve a reduction in the setback of up to one side setback. The reduction in side setback shall be approved only if:

a. The opposing side setback shall be at least 10 feet.

b. In order to maintain privacy, no windows, doors, air conditioning units, or any other types of openings in the walls along the zero lot line wall, except for windows that do not allow for visibility into the side yard of the adjacent lot.

D. Other. The City may approve a modification of any provision of the Land Use Code, except as provided in LUC 20.30D.170, if the resulting site development complies with the criteria of this part. (Ord. 6323, 11-21-16, § 18; Ord. 5876, 5-18-09, § 27; Ord. 5682, 6-26-06, § 12; Ord. 5480, 10-20-03, § 24; Ord. 5089, 8-3-98, § 33; Ord. 4972, 3-3-97, § 51; Ord. 4816, 11-27-95, § 150; Ord. 4065, 10-23-89, § 6; Ord. 3690, 8-4-86, § 19)

20.30D.167 Planned Unit Development – Additional bonus density for large-parcel projects.

This section has been amended by Ordinance 6894, which is pending codification.

A. Purpose. The City desires to offer incentives to property owners to develop multi-unit residential projects with site features and site designs that minimize impacts to critical area functions and values. Many of these techniques are new, and their effectiveness is uncertain. The City desires additional information about the impact of these design techniques and features, to determine the appropriate amount of density bonus and other incentives to offer for their use, and to determine what, if any, design features are required to offset the impact of the increased density. The projects allowed under this section are mechanisms to allow the City to gather such information prior to making additional density available to all projects.

B. Eligible Sites. Projects will only be authorized on sites of five acres or more.

C. Applicable Procedure. A project will be approved as part of the PUD approval for the underlying proposal.

D. Additional Bonus. The City may authorize additional bonus density, up to 30 percent of the base density, for proposals including additional conservation design features above the amount required in LUC 20.30D.160.A. Base density shall be determined on sites with critical areas or critical area buffers pursuant to LUC 20.25H.045. Base density on all other sites shall be determined based on the gross land area of the property excluding either that area utilized for traffic circulation roads or 20 percent, whichever is less. Bonus density shall be based on the square footage credit earned divided by the minimum lot size of the underlying land use district. Bonus density may be approved only if the proposal meets the criteria of LUC 20.30D.165.A.2.a and A.2.b. (Ord. 5682, 6-26-06, § 13)

20.30D.170 Planned Unit Development plan – Limitation on authority to modify zoning.

The following provisions of the Land Use Code may not be modified pursuant to LUC 20.30D.165:

A. Any provision of this Part 20.30D, Planned Unit Development; or

B. Any provision of LUC 20.10.440, Land use charts, and district-specific requirements contained in Chapter 20.25 LUC, except where district-specific requirements would prohibit zero-lot-line development, as provided for in LUC 20.30D.165.C (Zero Lot Line); or

C. Any provision of Part 20.25E LUC, the Shoreline Overlay District; however, requests for modifications to the requirements of Part 20.25E LUC, where allowed under the provisions of that part, may be considered together with an application for a Planned Unit Development; or

D. Any provision of the Land Use Code which specifically states that it is not subject to modification; or

E. The procedural, enforcement and administrative provisions of the Land Use Code or any other applicable City Code; or

F. Any provision of Part 20.25H LUC, the Critical Areas Overlay District, except as specifically provided for in that part; however, requests for modifications to the requirements of Part 20.25H LUC, where allowed under the provisions of that part, may be considered together with an application for a Planned Unit Development. (Ord. 6323, 11-21-16, § 19; Ord. 5876, 5-18-09, § 28; Ord. 5682, 6-26-06, § 14; Ord. 5089, 8-3-98, § 34; Ord. 4972, 3-3-97, § 52; Ord. 4816, 11-27-95, § 151; Ord. 3775, 5-26-87, § 21)

20.30D.175 Planned Unit Development plan – Authorized activity.

Following approval of the Planned Unit Development plan, the applicant may begin any work that is specifically authorized in the Planned Unit Development approval and is not prohibited by any other applicable regulation. No other work may be done until the final development plan is approved. (Ord. 4972, 3-3-97, § 53; Ord. 4816, 11-27-95, § 152)

20.30D.195 Planned Unit Development plan – Merger with subdivision.

A. General. The applicant may request that the City process a preliminary plat in conjunction with a Planned Unit Development plan. Platting is required for all projects which involve or contemplate the subdivision of land.

B. Procedure. The City may review and decide upon a preliminary plat at the same hearing as the preliminary development plan to the extent allowed by such procedures.

C. Plat Requirements. The preliminary plat must comply with the procedures, standards and criteria of Chapters 20.45A and 20.45B LUC and must conform to the Planned Unit Development plan. (Ord. 5232, 6-26-00, § 12; Ord. 4972, 3-3-97, § 57; Ord. 4816, 11-27-95, § 156)

20.30D.200 Planned Unit Development plan – Effect of approval.

A. Recording Required. The approval of the Planned Unit Development plan constitutes the City’s acceptance of the general project, including its density, intensity, arrangement and design. Upon final Planned Unit Development approval that is not merged with a subdivision, the Development Services Department will forward an approved Planned Unit Development to the King County Department of Records and Elections for recording. No administrative approval of a Planned Unit Development is deemed final until the Planned Unit Development is recorded and proof of recording is received by the Development Services Department. See Chapter 20.45 LUC for recording requirements of Planned Unit Developments merged with subdivisions.

B. Planned Unit Development in the Critical Area Overlay District. Where a Planned Unit Development within the Critical Area Overlay District is not merged with a subdivision, the Planned Unit Development recorded under this section shall have designated on the face of the final document a Native Growth Protection Easement(s) (NGPE). The NGPE(s) shall contain all critical areas, critical area buffers, and retained significant trees. The final Planned Unit Development shall contain the following restrictions for use, development and disturbance of the NGPE in a format approved by the City Attorney:

1. An assurance that: the NGPE will be kept free from all development and disturbance except where allowed or required for habitat improvement projects, vegetation management, and new or expanded city parks pursuant to LUC 20.25H.055; and that native vegetation, existing topography, and other natural features will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat;

2. The right of the City of Bellevue to enter the property to investigate the condition of the NGPE upon reasonable notice;

3. The right of the City of Bellevue to enforce the terms of the NGPE; and

4. A management plan for the NGPE designating future management responsibility. (Ord. 5682, 6-26-06, § 15; Ord. 5481, 10-20-03, § 6; Ord. 4972, 3-3-97, § 58; Ord. 4816, 11-27-95, § 157)

20.30D.250 Planned Unit Development plan – Phased development.

If developed in phases, each phase of an approved Planned Unit Development must contain the required number of parking spaces, the required open space, recreation space, landscaping, and utility areas necessary to create a desirable and stable environment pending completion of the total Planned Unit Development as approved. Each phase must also contain any of the approved conservation factor project design features necessary to support bonus density constructed in that phase. (Ord. 5682, 6-26-06, § 16; Ord. 4972, 3-3-97, § 68; Ord. 4816, 11-27-95, § 167)

20.30D.255 Planned Unit Development plan – Map designation.

A. General. Upon approval of the development plan the City will place the file number of the Planned Unit Development on the location of the subject property on the City of Bellevue Zoning Map.

B. Effect. Redevelopment of property for which a Planned Unit Development has been approved must be consistent with the Planned Unit Development plan and any amendments to that plan. (Ord. 4972, 3-3-97, § 69; Ord. 4816, 11-27-95, § 168)

20.30D.280 Merger with Binding Site Plan.

A. General. The applicant may request that the site plan approved with the Planned Unit Development constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.

20.30D.285 Amendment of an approved Planned Unit Development.

A. There are three ways to modify or add to an approved Planned Unit Development: process as a new decision, process as a Land Use Exemption, or process as an administrative amendment.

B. Except as provided in subsections C and D of this section, modification of a previously approved Planned Unit Development shall be treated as a new application.

C. Land Use Exemption for a Planned Unit Development. The Director may determine that a modification to a previously approved Planned Unit Development is exempt from further review under the administrative amendment process or as a new application, provided the following criteria are met:

1. The change is necessary because of natural features of the subject property; and

2. The change will not have the effect of significantly reducing any area of landscaping, open space, natural area or parking; and

3. The change will not have the effect of increasing the density of the Planned Unit Development; and

4. The change will not add square footage that is more than 20 percent of the existing gross square footage of the Planned Unit Development; and

5. If an addition or expansion has been approved within the preceding 24-month period, the combined additions will not add square footage that exceeds 20 percent of existing gross square footage of the Planned Unit Development; and

6. The change will not result in any structure, circulation or parking area being moved significantly in any direction; and

7. The change will not reduce any approved setback by more than 10 percent; and

8. The change will not result in a significant increase in the height of any structure; and

9. The change does not result in any significant adverse impacts beyond the site.

D. Administrative Amendment of Planned Unit Development. The Director may approve modifications to an approved Planned Unit Development as an administrative amendment subject to the procedures set forth in LUC 20.35.200 et seq., if the following criteria are met:

1. The amendment maintains the design intent or purpose of the original approval; and

2. The amendment maintains the quality of design or product established by the original approval; and

3. The amendment is not materially detrimental to uses or property in the immediate vicinity of the subject property.

E. The Director may impose conditions upon any administrative amendment to ensure the proposal complies with the decision criteria and the purpose and intent of the original approval. (Ord. 6197, 11-17-14, § 23; Ord. 5790, 12-3-07, § 2; Ord. 5481, 10-20-03, § 7; Ord. 4972, 3-3-97, § 75; Ord. 4816, 11-27-95, § 174)

20.30E.110 Scope.

This Part 20.30E establishes the procedure and criteria that the City will use in making a decision upon an application for an Administrative Conditional Use Permit.

20.30E.115 Applicability.

This part applies to each application for an Administrative Conditional Use Permit.

20.30E.120 Purpose.

An Administrative Conditional Use Permit is a mechanism by which the City may require special conditions on development or on the use of land in order to ensure that designated uses or activities are compatible with other uses in the same land use district and in the vicinity of the subject property.

20.30E.140 Decision criteria.

The Director of the Development Services Department may approve or approve with modifications an application for an Administrative Conditional Use Permit if:

A. The administrative conditional use is consistent with the Comprehensive Plan; and

C. The administrative conditional use will be served by adequate public facilities including streets, fire protection, and utilities; and

D. The administrative conditional use will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and

E. The administrative conditional use complies with the applicable requirements of this Code. (Ord. 4972, 3-3-97, § 88; Ord. 4816, 11-27-95, § 187)

20.30E.160 Merger with Binding Site Plan.

A. General. The applicant may request that the site plan approved with the Administrative Conditional Use Permit constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.

20.30E.165 Periodic review.

The City may impose periodic review requirements as a condition of permit approval. (Ord. 4066, 10-23-89, § 5)

20.30E.170 Modification/revocation.

A. Modification. The City may initiate a modification to an approved Administrative Conditional Use Permit. A modification will be processed through Process II, LUC 20.35.200 et seq. Through the modification procedure, the Director of the Development Services Department may delete, modify or impose additional conditions upon finding that the use for which such approval was granted has been intensified, changed or modified by the property owner or by person(s) who control the property without approval so as to significantly impact surrounding land uses.

B. Revocation. The Hearing Examiner may revoke an approved permit through Process I, LUC 20.35.100 et seq., only upon finding that:

1. The use for which the approval was granted has been abandoned for a period of at least one year; or

2. Approval of the permit was obtained by misrepresentation of material fact; or

3. The permit is being exercised contrary to the terms of such approval. (Ord. 4972, 3-3-97, § 92; Ord. 4816, 11-27-95, § 191; Ord. 4654, 6-6-94, § 56; Ord. 4066, 10-23-89, § 6)

20.30E.175 Modification or addition to an approved project or decision.

A. There are two ways in which to modify or add to an approved administrative conditional use. They include process as a new decision using Process II, or process as a Land Use Exemption.

B. General. Except as provided in subsection C of this section, an amendment of a previously approved project or decision is treated as a new application.

C. Land Use Exemption from Administrative Conditional Use Permits. The Director of the Development Services Department may determine that an addition or modification to a previously approved project or decision is exempt from an Administrative Conditional Use Permit, provided the following criteria can be met:

1. The proposal does not result in any significant adverse impact beyond the site; and

2. The proposal is within the general scope of the purpose and intent of the original approval; and

3. The proposal complies with all applicable Land Use Code requirements and all applicable development standards, and is compatible with all applicable design criteria; and

4. The proposal does not add square footage that is more than 20 percent of existing gross square footage; and

20.30F.110 Scope.

This Part 20.30F establishes the procedure and criteria that the City will use in making a decision upon an application for Design Review. Design Review is a mechanism by which the City shall ensure that the design, architecture, and amenity components of a proposal meet all applicable standards contained in City Codes. (Ord. 6839, 3-4-25, § 71)

20.30F.115 Applicability.

This Part 20.30F applies to each application for Design Review, except as provided in LUC 20.30F.116. (Ord. 3599B, 3-24-86, § 1)

20.30F.116 City Council Design Review.

Notwithstanding any provisions of the Code requiring that Design Review be conducted under this Part 20.30F, all projects for which a City Council approval is required and an opportunity for public comment has been provided shall be exempt from the Design Review process, but must comply with the applicable Design Review criteria and standards of this Code. (Ord. 5496, 11-17-03, § 5; Ord. 4972, 3-3-97, § 13; Ord. 4816, 11-27-95, § 112; Ord. 4207, 1-14-91, § 1; Ord. 3599B, 3-24-86, § 2)

20.30F.120 Purpose.

Design Review is a mechanism by which the City can ensure that site development and structures in specific zoning districts or in specific locations are of high design quality and conform to the requirements of the Land Use Code and the requirements of an applicable concomitant agreement.

20.30F.125 Who may apply.

The property owner may apply for a Design Review.

20.30F.145 Decision criteria.

The Director shall approve or approve with modifications an application for Design Review if:

A. The proposal complies with the applicable requirements of this Code;

B. The proposal addresses all applicable design standards of this Code;

C. The proposal will be served by adequate public facilities including streets, fire protection, and utilities;

D. The proposal is consistent with any required Master Development Plan approved pursuant to Part 20.30V LUC or other applicable code section; and

E. The proposal is consistent with any Departure granted pursuant to any applicable code section. (Ord. 6839, 3-4-25, § 72; Ord. 5876, 5-18-09, § 29; Ord. 4972, 3-3-97, § 16; Ord. 4816, 11-27-95, § 115)

20.30F.165 Merger with Binding Site Plan.

A. General. The applicant may request that the site plan approved with the Design Review constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.

B. Survey and Recording Required. If a site plan is approved as a Binding Site Plan, the applicant shall provide a recorded survey depicting all lot lines and shall record that site plan and survey with the King County Department of Records and Elections. No document may be recorded without the signature of each owner of the subject property.

C. Effect of Binding Site Plan. Upon the approval and recording of a Binding Site Plan the applicant may develop the subject property in conformance with that Binding Site Plan and without regard to lot lines internal to the subject property. The applicant may sell or lease parcels subject to the Binding Site Plan.

20.30F.170 Planning Commission Design Review.

The authority designated in a land use approval or concomitant agreement for the Bellevue Planning Commission to review a Design Review proposal is transferred to the Director to review said Design Review proposal under this Part 20.30F. (Ord. 4972, 3-3-97, § 20; Ord. 4816, 11-27-95, § 119; Ord. 4255, 6-3-91, § 11)

20.30F.175 Modification or addition to an approved Design Review project or decision.

This section was recently amended by Ordinance 6851, codified in August 2025.

A. There are two ways to modify or add to an approved project or decision: process as a new decision, or process as a Land Use Exemption.

B. General. Except as provided in subsection C of this section, an amendment of a previously approved project or decision is treated as a new application.

1. The Director may determine that an addition or modification to a previously approved project or decision is exempt from further review or review as a new application, provided the following criteria are met:

a. The proposal does not result in any significant adverse impact beyond the site; and

b. The proposal is within the general scope of the purpose and intent of the original approval; and

c. The proposal complies with applicable Land Use Code requirements, and all applicable development standards, and is compatible with all applicable design criteria; and

d. The proposal does not add square footage that is more than 20 percent of existing gross square footage; and

e. If an addition or expansion has been approved within the preceding 24-month period, the combined additions will not add square footage that exceeds 20 percent of existing gross square footage.

2. The Director may determine that a new development outside the Downtown is exempt from review as a new application; provided, that the form and scale of the new building or addition, regardless of size, is not visible from the right-of-way or a public park.

D. Conditions. The Director may impose conditions on a Land Use Exemption to ensure that the applicable decision criteria and any conditions of the original approval are met. (Ord. 6851, 6-24-25, § 43; Ord. 5481, 10-20-03, § 9; Ord. 4972, 3-3-97, § 21; Ord. 4816, 11-27-95, § 120)

20.30F.180 Recording required.

Following approval of a Design Review and any subsequent modifications thereto, the applicant shall record the plans and conditions that constitute the approval with the King County Division of Records and Elections or its successor agency. Components of the approval required to be recorded include but are not limited to the applicable conditions of approval, total amount (square footage) of floor area earned through the FAR Amenity Incentive System, or floor area earned through the special dedication of right-of-way, parks, or open space. A copy of the recorded document shall be provided to the city for inclusion in the project file. (Ord. 5876, 5-18-09, § 30)

20.30F.190 Expiration – Extension.

A. Expiration of Design Review Approval. A Design Review approval shall expire three years from the date of the Director’s final decision under LUC 20.30F.145 to either approve or approve with modifications the underlying application for Design Review.

B. Automatic Extension of Design Review Approval. A Design Review approval shall automatically be extended as follows:

1. When a complete Building Permit application, meeting the requirements of Chapter 23.05 BCC, is filed before a Design Review approval expires by operation of this section, the Design Review approval shall automatically be extended for the time period during which the Building Permit application is pending prior to issuance. If the Building Permit application expires, is canceled, or is extended pursuant to Chapter 23.05 BCC, the Design Review approval shall automatically also expire, be canceled, or be extended.

2. When a Building Permit is issued, the Design Review approval shall automatically be extended for the life of the Building Permit. If the Building Permit expires or is revoked pursuant to Chapter 23.05 BCC, then the Design Review approval shall automatically also expire or be revoked. If a Building Permit is issued and then subsequently renewed or extended pursuant to Chapter 23.05 BCC, the Design Review approval shall also automatically be extended for the period of the renewal or extension.

C. Other Extensions of Design Review Approval. A Design Review approval may be extended pursuant to one or more of the following:

1. LUC 20.30V.190 (Extended vesting period for Master Development Plans and associated Design Review approval);

2. A Development Agreement, but only in circumstances where a separate provision of this Land Use Code specifically authorizes the extension, by Development Agreement, of the time period that a Land Use Permit or approval remains in effect or its vested status; or

3. Subsection D of this section.

D. An applicant for a Design Review may request an extension to the expiration provisions of subsection A of this section in the manner described in this subsection:

1. Maximum Extension Period. An applicant may be granted approval for a maximum of two two-year extensions to a Design Review approval.

2. Timing of Request for First Extension. The first request to extend a Design Review approval under this subsection D must be submitted no greater than 45 calendar days before the expiration of the three-year term described in subsection A of this section.

3. Approval and Time Limitation of Request for First Extension. The Director shall grant an extension for a period of two years from the original date of expiration of the Design Review approval if the project conforms to the applicable provisions of this Land Use Code in effect at the time that the request for extension is submitted.

4. Timing of Request for Subsequent Extensions. Where a Design Review approval has been granted an extension under subsection D.2 of this section, an applicant for a Design Review may request one subsequent extension. A request for a subsequent extension must be submitted no greater than 45 calendar days before the expiration of the prior extension.

5. Approval and Time Limitation of Requests for Subsequent Extension. The Director shall grant a subsequent extension for a period of two years from the date of expiration of the prior extension of the Design Review approval if the project conforms to the applicable provisions of this Land Use Code in effect at the time that the request for the subsequent extension is submitted.

1. Where a Design Review approval is issued under LUC 20.30F.145, it shall vest pursuant to LUC 20.40.500.A. Except for Design Review approvals extended under subsection D of this section, the vested status of the Design Review approval shall then expire on the date that the Design Review approval expires by operation of this section.

2. Whenever a Design Review approval is extended under subsection D of this section, the extended Design Review approval shall vest to the provisions of the Land Use Code in effect on the date that extension was granted. The vested status of the Design Review approval shall then expire on the date that the Design Review approval expires or on the date that a subsequent extension is granted under subsection D of this section, whichever occurs first. (Ord. 6778, 2-26-24, § 1)

20.30G.110 Scope.

This Part 20.30G establishes the procedures and criteria that the City will use in making a decision upon an application for a variance from the provisions of the Land Use Code.

20.30G.115 Applicability.

This part applies to each application for a variance from the provisions of the Land Use Code, except as otherwise provided in Part 20.30H LUC (Variance to the Shoreline Master Program).

20.30G.120 Purpose.

A variance is a mechanism by which the City may grant relief from the provisions of the Land Use Code where practical difficulty renders compliance with the provisions of that Code an unnecessary hardship, where the hardship is a result of the physical characteristics of the subject property and where the purpose of that Code and of the Comprehensive Plan can be fulfilled.

20.30G.140 Decision criteria.

The Director may approve or approve with modifications an application for a variance from the provisions of the Land Use Code if:

1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and land use district of the subject property; and

2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and in the land use district of the subject property; and

3. The granting of the variance will not be materially detrimental to property or improvements in the immediate vicinity of the subject property; and

4. The variance is not inconsistent with the Comprehensive Plan; and

1. A variance to the requirements of Part 20.25H LUC may be granted only if the applicant demonstrates that a variance from other provisions of the LUC, where allowed under this part or Part 20.30H LUC, is not feasible. For purposes of this section, variances from the other provisions of the LUC shall be considered not feasible only when, considering the function to be served by the proposal, a variance to other provisions of the LUC, including non-critical area setbacks, will not realize the intended function of the proposal; and

2. Where the variance involves disturbance of a critical area or critical area buffer, the variance includes a mitigation plan meeting the requirements of LUC 20.25H.210; and

C. Additional Decision Criteria – Variances from Standards Applicable to Areas of Special Flood Hazard. In addition to the decision criteria in subsections A and B of this section, a proposal to vary the requirements for areas of special flood hazard shall meet the following criteria:

1. A variance shall only be issued upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflict with existing laws or ordinances; and

2. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; and

3. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; and

4. Upon a showing of good and sufficient cause; and

5. Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant; and

6. Variances shall not be issued within a designated floodway if any increase in flood levels during the base flood discharge would result; and

7. The granting of the variance will not foreseeably result in material being swept onto other lands that could cause injury to life or property; and

8. No other alternative development locations for the proposed structure or facility are available on the site that are not subject to flooding or erosion damage or reduced flooding and erosion; and

9. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, provided the requirements of LUC 20.25H.175 through 20.25H.180 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases; and

10. In considering variance applications, the Director shall consider all technical evaluations, all relevant factors, all standards specified in LUC 20.25H.180, and:

a. The danger that materials may be swept onto other lands to the injury of others;

b. The danger to life and property due to flooding or erosion damage;

c. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

d. The importance of the services provided by the proposed facility to the community;

e. The necessity to the facility of a waterfront location, where applicable;

f. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage;

g. The compatibility of the proposed use with existing and anticipated development;

h. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;

i. The safety of access to the property in time of flood for ordinary and emergency vehicles;

j. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; and

k. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges. (Ord. 6521, 7-27-20, § 8; Ord. 5683, 6-26-06, § 26; Ord. 5481, 10-20-03, § 10; Ord. 4973, 3-3-97, § 834; Ord. 4816, 11-27-95, § 934)

20.30G.150 Limitation on authority.

The decisionmaker may not grant a variance to:

A. The provisions of LUC 20.10.440 or Chapter 20.25 LUC, establishing the allowable uses in each land use district; or

B. The provisions of Chapters 20.30 and 20.35 LUC or any other procedural or administrative provision of the Land Use Code; or

C. Any provision of the Land Use Code within the primary approval jurisdiction of another decisionmaker as established by the Bellevue City Code; or

D. Any provision of the Land Use Code which, by the terms of that Code, is not subject to a variance; or

E. The provisions of Part 20.25E LUC, the Shoreline Overlay District. (Ord. 5876, 5-18-09, § 31)

20.30I.110 Scope and background.

This part establishes the procedure and criteria that the City will use to review and amend the Comprehensive Plan, including the annual public participation process for proposals to amend the Comprehensive Plan. The Comprehensive Plan shall be subject to continuing review and evaluation by the City. Amendments to the Comprehensive Plan should not be considered more frequently than once a year, except in cases of emergency, to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court, and in other certain limited circumstances.

Amendments proposed by the public in a specific neighborhood subarea may not be proposed during the review of a City Council-initiated Great Neighborhoods Comprehensive Plan amendment for that specific neighborhood subarea (identified on Neighborhoods Element Map N-1). Such proposals may be proposed after the Council takes final legislative action for the specific neighborhood subarea, in accordance with LUC 20.30I.130.B.3.

Except as otherwise permitted, all proposed amendments in any year should be considered concurrently so that the cumulative effect of the various proposals can be ascertained. (Ord. 6495, 12-2-19, § 2; Ord. 5650, 1-3-06, § 2)

20.30I.115 Applicable process.

This part applies to each application affecting the Comprehensive Plan. Proposals to amend the Comprehensive Plan are Process IV actions conducted pursuant to the applicable provisions of LUC 20.35.400 through 20.35.450. This part establishes certain additional procedures and sets forth the decision criteria that the City will use in its evaluation of amendment proposals. (Ord. 5650, 1-3-06, § 2)

20.30I.120 Purpose.

The Comprehensive Plan is a document which guides the nature and intensity of development in the City. An amendment to the Plan is a mechanism by which the City may modify its land use, development or growth policies. (Ord. 5650, 1-3-06, § 2)

20.30I.130 Initiation of amendment proposals.

A. Amendment Proposals Initiated by the Public or Persons or Entities Other Than the City.

1. General. Members of the public or persons or entities other than the City Council and the City Planning Commission (hereinafter referred to collectively as “the public”) may initiate Comprehensive Plan amendment proposals subject to the provisions of this section. Amendment proposals initiated by the public are reviewed as part of an annual cycle and pursuant to a two-tiered process: a threshold review and a final review, as described below:

a. Threshold Review. The threshold review process will determine those proposals that will be included in the Annual Comprehensive Plan Amendment Work Program and will determine their geographic scope.

i. Planning Commission Review. Pursuant to the applicable provisions of LUC 20.35.400 through 20.35.450, complete applications to propose an amendment to the Comprehensive Plan submitted during the time period set forth in subsection A.2.a of this section will be reviewed by the Planning Commission. The Planning Commission will hold a public hearing and make a recommendation to the City Council, using the criteria set forth in LUC 20.30I.140, as to which amendment proposals initiated by the public should be included in the Annual Comprehensive Plan Amendment Work Program.

ii. Consideration of Geographic Scope. Prior to the public hearing, the Planning Commission shall review the geographic scope of any proposed amendments. Expansion of the geographic scope may be recommended if nearby, similarly situated property shares the characteristics of the proposed amendment’s site. Expansion shall be the minimum necessary to include properties with shared characteristics. If expansion is recommended, the notice for the public hearing shall describe the geographic scope of the proposed amendments and notice shall be expanded to include each owner of real property within 500 feet of any boundary of the originally proposed area and of the recommended expansion.

iii. City Council Review. The City Council will review the Planning Commission recommendations and the criteria set forth in LUC 20.30I.140 and determine which amendment proposals will be included in the Annual Comprehensive Plan Amendment Work Program and their geographic scope. Those proposals included in the Annual Comprehensive Plan Amendment Work Program will then be referred back to the Planning Commission for further proceedings.

iv. Alternative Disposition. Proposals not included in the Annual Comprehensive Plan Amendment Work Program may, at the City’s discretion, be considered as provided in subsection A.3 of this section.

b. Final Review. The final review process will evaluate the proposed amendments included in the Annual Comprehensive Plan Amendment Work Program and culminate in Council action on the proposed amendments.

i. Planning Commission Review. The Planning Commission will review the proposed amendments included in the Annual Comprehensive Plan Amendment Work Program, hold a public hearing, and make a recommendation to the City Council as to each proposed amendment, using the criteria set forth in LUC 20.30I.150.

ii. City Council Action. The City Council will review the Planning Commission recommendations and the criteria set forth in LUC 20.30I.150 and take action on each proposed amendment in the Annual Comprehensive Plan Amendment Work Program.

a. Time. The annual comprehensive plan amendment cycle begins with the application period. Application for consideration of proposals to amend the Comprehensive Plan initiated by the public must be made by September 15th in order to be considered for inclusion in the immediately following year’s Annual Comprehensive Plan Amendment Work Program.

b. Application. Application procedures are set forth in the Comprehensive Plan Amendment and Procedures Guide available at the City Development Services Department and on the City’s website.

i. Site-Specific. A property owner or authorized agent of the property owner may propose a site-specific amendment to the Comprehensive Plan.

ii. Non-Site-Specific. Any person or entity may propose a non-site-specific amendment to the Comprehensive Plan.

d. Three-Year Limitation. A specific property, policy topic or land use issue shall not be the subject of a comprehensive plan amendment proposal initiated by the public and reviewed by the City more frequently than once every three years. This three-year limitation applies when an application is submitted for Process IV review.

Property added to an original proposal through expansion of the geographic scope by the City is also subject to the three-year limitation.

a. Ongoing Work Program. A proposal that is not included in the Annual Comprehensive Plan Amendment Work Program may, at the City’s discretion, be included in a previously established ongoing work program if it raises policy or land use issues more appropriately addressed by such ongoing work program.

b. Comprehensive Plan Update. A proposal that is not included in the Annual Comprehensive Plan Amendment Work Program may, at the City’s discretion, be considered in the course of the City’s next Comprehensive Plan Update required by RCW 36.70A.130(4) if it addresses a matter appropriate to include in the Comprehensive Plan and is consistent with current policy implementation in the Countywide Planning Policies, GMA, and other state or federal laws and implementing regulations.

a. Initiation. Proposals to amend the Comprehensive Plan may be made by the City Council at any time. An affirmative vote of not less than a majority of the total members of the Council is required to initiate consideration of an amendment. Amendment proposals initiated by City Council are not subject to the three-year limitations of subsection A.2.d of this section that apply to amendment proposals initiated by the public.

b. Review. Amendment proposals initiated by City Council will be reviewed by the Planning Commission and acted upon by Council as set forth in subsection A.1.b of this section, Final Review.

a. Initiation. Proposals to amend the Comprehensive Plan may be made by the Planning Commission at any time and submitted to the City Council for consideration for inclusion in the Annual Comprehensive Plan Amendment Work Program. Amendment proposals initiated by the Planning Commission are subject to the three-year limitations of LUC subsection A.2.d of this section that apply to amendment proposals initiated by the public.

b. Review. The Council will review the Planning Commission proposals and determine which will be included in the Annual Comprehensive Plan Amendment Work Program. Those proposals included will be referred back to the Planning Commission and Council for final review as set forth in subsection A.1.b of this section.

3. Subarea Plan Review. The City Council may initiate a review of a Subarea Plan in accordance with the procedure specified in subsection B.1 of this section when it concludes that the issues arising in a Subarea are of sufficient magnitude and complexity to merit review through a Subarea Plan review process.

Prior to review of a Subarea Plan, the Council shall approve a public involvement program that has the goal of effectively and efficiently soliciting a broad spectrum of public viewpoints. (Ord. 6495, 12-2-19, §§ 1, 3; Ord. 5650, 1-3-06, § 2)

20.30I.140 Threshold review decision criteria.

The Planning Commission may recommend inclusion of a proposed amendment to the Comprehensive Plan in the Annual Comprehensive Plan Amendment Work Program if the following criteria have been met:

A. The proposed amendment presents a matter appropriately addressed through the Comprehensive Plan; and

B. The proposed amendment is in compliance with the three-year limitation rules set forth in LUC 20.30I.130.A.2.d; and

C. The proposed amendment does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the City Council; and

D. The proposed amendment can be reasonably reviewed within the resources and time frame of the Annual Comprehensive Plan Amendment Work Program; and

E. The proposed amendment addresses significantly changed conditions since the last time the pertinent Comprehensive Plan map or text was amended. See LUC 20.50.046 for the definition of “Significantly Changed Conditions”; and

F. When expansion of the geographic scope of an amendment proposal is being considered, shared characteristics with nearby, similarly situated property have been identified and the expansion is the minimum necessary to include properties with those shared characteristics; and

G. The proposed amendment is consistent with current general policies in the Comprehensive Plan for site-specific amendment proposals. The proposed amendment must also be consistent with policy implementation in the Countywide Planning Policies, the Growth Management Act, other state or federal law, and the Washington Administrative Code; or

H. State law requires, or a decision of a court or administrative agency has directed such a change. (Ord. 5650, 1-3-06, § 2)

20.30I.150 Final review decision criteria.

The Planning Commission may recommend and the City Council may adopt or adopt with modifications an amendment to the Comprehensive Plan if:

A. There exists obvious technical error in the pertinent Comprehensive Plan provision; or

B. The following criteria have been met:

1. The proposed amendment is consistent with the Comprehensive Plan and other goals and policies of the City, the Countywide Planning Policies, the Growth Management Act and other applicable law; and

2. The proposed amendment addresses the interests and changed needs of the entire City as identified in its long-range planning and policy documents; and

3. The proposed amendment addresses significantly changed conditions since the last time the pertinent Comprehensive Plan map or text was amended. See LUC 20.50.046 for the definition of “Significantly Changed Conditions;” and

4. If a site-specific proposed amendment, the subject property is suitable for development in general conformance with adjacent land use and the surrounding development pattern, and with zoning standards under the potential zoning classifications; and

5. The proposed amendment demonstrates a public benefit and enhances the public health, safety and welfare of the City. (Ord. 5650, 1-3-06, § 2)

20.30J.110 Scope.

This Part 20.30J establishes the procedure and criteria that the City will use in deciding upon an amendment to the text of the Land Use Code.

20.30J.115 Applicability.

This part applies to each amendment to the text of the Land Use Code.

20.30J.120 Purpose.

An amendment to the text of the Land Use Code is a mechanism by which the City may bring its land use and development regulations into conformity with the Comprehensive Plan or respond to changing conditions or needs of the City.

20.30J.125 Who may initiate.

A. The City Council, the Planning Commission or the Director of the Development Services Department, with the concurrence of either body, may initiate an amendment to the text of the Land Use Code.

B. Although the Planning Commission is generally the advisory body for land use amendments as set forth in LUC 20.30J.130, the City Council may amend the text of the Land Use Code without prior review or recommendation from the Planning Commission, provided a public hearing is held by the City Council and a finding of necessity is made. (Ord. 5790, 12-3-07, § 8)

20.30J.130 Applicable procedure.

The City will process an amendment to the text of the Land Use Code using Process IV, LUC 20.35.400 et seq. The Planning Commission is generally the advisory body and the Director of the Development Services Department is the applicable Department Director. (Ord. 5790, 12-3-07, § 9)

20.30J.135 Decision criteria.

The City may approve or approve with modifications a proposal to amend the text of the Land Use Code if:

A. The amendment is consistent with the Comprehensive Plan; and

B. The amendment enhances the public health, safety or welfare; and

C. The amendment is not contrary to the best interest of the citizens and property owners of the City of Bellevue. (Ord. 5481, 10-20-03, § 11)

20.30K.110 Scope.

This Part 20.30K establishes the procedure and criteria that the City will use in deciding upon a written request to interpret the provisions of the Land Use Code and in issuing any other written interpretation of the Land Use Code. The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of the Land Use Code.

20.30K.115 Applicability.

This Part 20.30K applies to each written request to interpret the provisions of the Land Use Code and to any other interpretation of the Land Use Code issued by the Director. (Ord. 4973, 3-3-97, § 878; Ord. 4816, 11-27-95, § 978)

20.30K.120 Purpose.

An interpretation of the provisions of the Land Use Code clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the Code. A request for a Code interpretation must relate to a specific site, to a specific land use permit application, or to interrelated land use permit applications for a single project within the City. An interpretation of the provisions of the Land Use Code may not be used to amend the Land Use Code. (Ord. 6823, 11-26-24, § 2; Ord. 5232, 6-26-00, § 13; Ord. 4973, 3-3-97, § 879; Ord. 4816, 11-27-95, § 979)

20.30K.130 Applicable procedure.

A. The Director shall interpret the provisions of the Land Use Code in conformance with this Part 20.30K.

B. A Code interpretation requested by a person other than the project proponent or property owner must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates. Any Code interpretation requested after the applicable administrative appeal period shall not affect an issued permit or decision.

C. The Department shall determine how to process the Code interpretation request. The request may be:

1. Processed pursuant to Process II, LUC 20.35.200 et seq., which shall include notice to the project proponent or property owner; or

2. Consolidated with the process associated with the review of the application. An appeal of a Code interpretation consolidated with the process associated with the review of the application shall be consolidated with the appeal of the decision on the underlying application. (Ord. 5481, 10-20-03, § 12; Ord. 4973, 3-3-97, § 881; Ord. 4816, 11-27-95, § 981; Ord. 4255, 6-3-91, § 13; Ord. 3913, 5-23-88, § 2; Ord. 3848, 11-16-87, § 9)

20.30K.135 Submittal requirements.

Any person requesting an interpretation of the Land Use Code shall submit a written request specifying each provision of the Land Use Code for which an interpretation is requested, why an interpretation of each provision is necessary and any reasons or material in support of a proposed interpretation.

20.30K.140 Factors for consideration.

In making an interpretation of the provisions of the Land Use Code, the Director shall consider all of the following:

A. The applicable provisions of the Land Use Code, including their purpose and context;

B. The impact of the interpretation on other provisions of the Land Use Code;

C. The implications of the interpretation for development within the City as a whole; and

D. The applicable provisions of the Comprehensive Plan and other relevant codes and policies. (Ord. 6823, 11-26-24, § 3; Ord. 4973, 3-3-97, § 882; Ord. 4816, 11-27-95, § 982)

20.30K.150 Effect of interpretation.

An interpretation of the Land Use Code issued under this part shall have the same effect as any provision of the Land Use Code. (Ord. 4973, 3-3-97, § 884; Ord. 4816, 11-27-95, § 984)

20.30K.155 Time limitation.

An interpretation of the Land Use Code remains in effect until rescinded in writing by the Director. (Ord. 4973, 3-3-97, § 885; Ord. 4816, 11-27-95, § 985)

20.30M.110 Scope.

This Part 20.30M establishes the procedure and criteria that the City will use in making a decision upon an application for a Temporary Use Permit.

20.30M.115 Applicability.

This part applies to each application for a Temporary Use Permit whether located on private property or on the public right-of-way; provided, that temporary use approval is not required for any use obtaining a permit pursuant to the City’s Special Events Policy Permit process and may not be used to assemble, construct, or maintain a temporary shelter or storage facility as defined in LUC 20.50.046. For temporary use regulations relating to recreational vehicles, watercraft, and utility trailers, refer to LUC 20.20.720. (Ord. 5791, 12-3-07, § 6; Ord. 4654, 6-6-94, § 58)

20.30M.120 Purpose.

A Temporary Use Permit is a mechanism by which the City may permit a use to locate within the City on an interim basis without requiring full compliance with the development standards of the land use district or by which the City may permit seasonal or transient uses not otherwise permitted.

20.30M.125 Applicable procedure.

A. The Director of the Development Services Department shall, in consultation with the Transportation Department, the Fire Department, and the Police Department as appropriate, review and decide upon each application for a Temporary Use Permit.

B. The decision may be appealed to Superior Court pursuant to LUC 20.35.070. (Ord. 4973, 3-3-97, § 843; Ord. 4816, 11-27-95, § 943)

20.30M.130 Who may apply.

The property owner may apply for a Temporary Use Permit on private property. Any person may apply for a Temporary Use Permit on public right-of-way.

20.30M.140 Decision criteria.

The Director may approve or modify and approve an application for a Temporary Use Permit if:

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

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

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

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

E. The temporary use will not cause noise, light, or glare which adversely impacts surrounding uses. (Ord. 4973, 3-3-97, § 845; Ord. 4816, 11-27-95, § 945; Ord. 3747, 1-20-87, § 15)

20.30M.145 Time limitation.

A. General. A Temporary Use Permit is valid for up to 90 calendar days from the effective date of the permit, except as specifically provided in the Land Use Code. The Director of the Development Services Department may establish a shorter time frame.

B. Extended Temporary Uses. The Director of the Development Services Department may approve a Temporary Use Permit for up to one year for temporary sales or rental offices in subdivisions, multifamily or nonresidential projects, off-site construction parking areas, Temporary Wireless Communication Facilities, or other longer term uses as specified in the Land Use Code. Temporary sales or rental office permits may be extended by the Director of the Development Services Department as necessary to substantially complete initial sales or rental of a project, and Off-Site Construction Parking Area Permits may be extended as necessary to coincide with completion of construction. (Ord. 6759, 10-23-23, § 10; Ord. 4973, 3-3-97, § 847; Ord. 4816, 11-27-95, § 947; Ord. 4638, 4-4-94, § 2)

20.30M.150 Limitation on activity.

A property owner or other holder of a Temporary Use Permit may not file an application for a successive Temporary Use Permit for 30 days following the expiration of an approved permit applying to that property.

20.30M.155 Removal of temporary use.

A. The Director shall establish, as a condition of each Temporary Use Permit, a time within which the use and all physical evidence of the use must be removed.

B. If the applicant has not removed the use as required by the Temporary Use Permit, the City may abate the use as provided under LUC 20.30M.160. (Ord. 4973, 3-3-97, § 846; Ord. 4816, 11-27-95, § 946)

20.30M.160 Abatement of temporary use.

Prior to the approval of a Temporary Use Permit, the applicant shall submit to the Director of the Development Services Department an irrevocable, signed statement granting the City permission to summarily abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the Permit. The statement shall also indicate that the applicant will reimburse the City for any expenses incurred in abating a temporary use under the authority of this section. (Ord. 4654, 6-6-94, § 59)

20.30M.170 Screening of off-site construction parking areas.

The Director may require screening of off-site construction parking areas as a condition of issuance of a Temporary Use Permit if the Director determines that screening is necessary to mitigate visual impacts to surrounding properties. (Ord. 4973, 3-3-97, § 849; Ord. 4816, 11-27-95, § 949)

20.30N.110 Scope.

This Part 20.30N establishes the procedure and criteria that the City will use in making a decision upon an application for a Home Occupation Permit.

20.30N.115 Applicability.

A Home Occupation Permit is required for any occupation or profession carried on in a dwelling unit, subject to the following exceptions. The requirements of this section are not applicable to: 1) businesses which have no external indication of commercial activity, including no nonresident employees, no client visits, no business-related deliveries, and no vehicle signage; and 2) family child care homes located in a residence (see LUC 20.20.170.C). (Ord. 5089, 8-3-98, § 35)

20.30N.120 Purpose.

A Home Occupation Permit is a mechanism by which the City may permit a business to be conducted in a dwelling by a resident of that dwelling. The business must be largely incidental to use of the premises as a dwelling. In a nonresidential land use district either a Home Occupation Permit must be obtained or all commercial development standards must be met. (Ord. 5089, 8-3-98, § 36; Ord. 4255, 6-3-91, § 14; Ord. 4086, 11-27-89, § 4)

20.30N.125 Who may apply.

A resident of the dwelling may apply for a Home Occupation Permit.

20.30N.140 Decision criteria.

A. The Director of the Development Services Department may approve or modify and approve a Home Occupation Permit if the following decision criteria are met:

1. The business does not involve automobile related services, warehousing of more than 1,000 cubic feet of materials, or external storage of goods; and

2. The business is conducted wholly within a structure and utilizes no more than 25 percent of the gross floor area of the structure in which it is located; and

3. No more than one person who is not a resident of the dwelling is participating in the business at the dwelling, except in boarding houses and bed and breakfasts pursuant to LUC 20.20.140; and

4. There is no exterior display, exterior alteration of the property, including expansion of parking or the addition or expansion of exterior mechanical equipment, no exterior sign other than business signage on the applicant’s vehicle, no exterior storage of materials or other exterior indication of the business; and

5. There is no variation from the residential character of the premises; and

6. There is no structural alteration to the interior or exterior of the structure which changes its residential character; and

7. There is no use of electrical or mechanical equipment which would change the fire rating of the structure or which would create visible or audible interference in radio or television receivers or which would cause fluctuations in line voltage outside the dwelling; and

8. There is no noise, vibration, smoke, dust, odor, heat or glare produced by the business which would exceed that normally associated with a dwelling; and

9. In addition to parking required for the residents, there are no more than two vehicles parked on or in the vicinity of the property as a result of the business at any one time; and

10. There are no more than six client visits per day and there is not more than one client on the premises at any one time, except in Boarding Houses and Bed and Breakfasts pursuant to LUC 20.20.140. One client does include a family arriving in a single vehicle; and

11. There are no more than two deliveries per week either to or from the residence by a private delivery service and no other use of a commercial vehicle other than that normally used by the applicant or an employee; and

12. If deemed necessary, the business has been inspected by the Bellevue Fire Department and the applicant commits to implement all required corrective measures within the stated time period.

B. In approving, conditioning or denying an application for a Home Occupation Permit, the City may consider, in addition to the criteria in paragraph A of this section, the following:

1. The location of the proposed home occupation in relation to traffic impacts and safety concerns to the adjacent neighborhood; and

2. The impacts the proposed home occupation may have on the residential character of the neighborhood; and

3. The cumulative impacts of the proposed home occupation in relation to other City-approved home occupations in the immediate vicinity; and

4. The imposition of a condition under which the City reserves the right to impose additional conditions or to reconsider the home occupation within a certain timeframe from approval date, based on complaints filed with the City. (Ord. 6643, 1-24-22, § 9; Ord. 6616, 11-15-21, § 4; Ord. 6197, 11-17-14, § 24; Ord. 5089, 8-3-98, § 39; Ord. 4654, 6-6-94, § 62; Ord. 4255, 6-3-91, § 14; Ord. 4086, 11-27-89, § 6)

20.30N.145 Conditions.

The Director of the Development Services Department may impose conditions to mitigate any potential adverse impact on surrounding uses. (Ord. 4654, 6-6-94, § 63)

20.30N.150 Time limitation.

The Director of the Development Services Department may establish a time limitation on the effectiveness of a Home Occupation Permit in order to provide for periodic review of business activity in a dwelling. (Ord. 4654, 6-6-94, § 64)

20.30N.155 Quarterly report.

The Director of the Development Services Department shall send a report listing all Home Occupation Permits by number and address and describing the status of each, at least quarterly, to each person who has requested public notices for the calendar year and who has paid the fee established by the Director of the Development Services Department. (Ord. 6670, 7-18-22, § 14; Ord. 4654, 6-6-94, § 65)

20.30N.160 Revocation of Home Occupation Permit.

Upon determination that there has been a violation of any decision criteria or condition of approval, the Director of the Development Services Department may give written notice to the permit holder describing the alleged violation. Within 14 days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the 14-day period, the Director shall sustain or revoke the permit. When a Home Occupation Permit is revoked, the Director shall notify the permit holder by certified mail of the revocation and the findings upon which revocation is based. Appeals of decisions to revoke a Home Occupation Permit will be processed using the Process II appeal procedures, LUC 20.35.250. (Ord. 4978, 3-17-97, § 3; Ord. 4654, 6-6-94, § 66)

20.30N.165 Assurance device.

In appropriate circumstances, the Director of the Development Services Department may require a reasonable performance or maintenance assurance device in conformance with LUC 20.40.490 to assure compliance with the provisions of the Land Use Code and the Home Occupation Permit as approved. (Ord. 4654, 6-6-94, § 67)

20.30P.110 Scope.

This part establishes the procedures and criteria that the City will use in making a decision upon an application to develop, disturb or otherwise modify a critical area or critical area buffer. (Ord. 5683, 6-26-06, § 27)

20.30P.115 Applicability.

This section has been amended by Ordinance 6894, which is pending codification.

This part applies to each application for a Critical Areas Land Use Permit. (Ord. 5683, 6-26-06, § 27)

20.30P.120 Purpose.

A Critical Areas Land Use Permit is the mechanism by which the City may approve limited use and disturbance of a critical area or critical area buffer. The provisions of Parts 20.25H and 20.25E LUC establish the uses and activities that may be allowed in a critical area or critical area buffer. The provisions of this part establish the requirements for a Critical Areas Land Use Permit. (Ord. 5683, 6-26-06, § 27)

20.30P.125 Who may apply.

The property owner may apply for a Critical Areas Land Use Permit. (Ord. 5683, 6-26-06, § 27)

20.30P.130 Applicable procedure.

The City will process a Critical Areas Land Use Permit through Process II, LUC 20.35.200 et seq. The Critical Areas Land Use Permit may be merged with any other permit required for the proposal, pursuant to LUC 20.35.080. (Ord. 5683, 6-26-06, § 27)

20.30P.140 Decision criteria.

The Director may approve or approve with modifications an application for a Critical Areas Land Use Permit if:

A. The proposal obtains all other permits required by the Land Use Code; and

B. The proposal utilizes to the maximum extent possible the best available construction, design and development techniques which result in the least impact on the critical area and critical area buffer; and

C. The proposal incorporates the performance standards of Part 20.25H LUC to the maximum extent applicable; and

D. The proposal will be served by adequate public facilities including streets, fire protection, and utilities; and

E. The proposal includes a mitigation or restoration plan consistent with the requirements of LUC 20.25H.210; except that a proposal to modify or remove vegetation pursuant to an approved Vegetation Management Plan under LUC 20.25H.055.C.3.i shall not require a mitigation or restoration plan; and

F. The proposal complies with other applicable requirements of this code. (Ord. 5683, 6-26-06, § 27)

20.30P.150 Time limitation.

A Critical Areas Land Use Permit automatically expires and is void if the applicant fails to file for a Building Permit or other necessary development permit within one year of the effective date of the Critical Areas Land Use Permit unless:

A. The applicant has received an extension for the Critical Areas Land Use Permit pursuant to LUC 20.30P.155; or

B. The Critical Areas Land Use Permit approval provides for a greater time period.

The time period established pursuant to this section shall not include the time during which an activity was not actively pursued due to the pendency of litigation which may materially affect rights of the applicant for the permit or approval related to that permit or approval. (Ord. 5683, 6-26-06, § 27)

20.30P.155 Extension.

A. The Director may extend a Critical Areas Land Use Permit, not to exceed one year, if:

1. Unforeseen circumstances or conditions necessitate the extension of the permit; and

2. Termination of the permit would result in unreasonable hardship to the applicant; and the applicant is not responsible for the delay; and

3. The extension of the permit will not cause substantial detriment to existing uses, critical areas, or critical area buffers in the immediate vicinity of the subject property.

B. The Director may grant no more than one extension. (Ord. 5683, 6-26-06, § 27)

20.30P.157 Exemption for a critical areas land use permit.

This section has been added by Ordinance 6894, which is pending codification.

20.30P.160 Assurance device.

This section has been amended by Ordinance 6894, which is pending codification.

In appropriate circumstances, the City may require a reasonable performance or maintenance assurance device in conformance with LUC 20.40.490 to assure compliance with the provisions of the Land Use Code and the Critical Areas Land Use Permit as approved. (Ord. 5683, 6-26-06, § 27)

20.30P.170 Hold harmless.

Property owners who request approval of disturbance in a critical area or critical area buffer shall execute a hold harmless agreement in a form approved by the City Attorney which releases the City from liability for any damage arising from the location of improvements within the critical area or critical area buffer. (Ord. 5683, 6-26-06, § 27)

20.30P.180 Critical areas report – Additional review procedures.

This section has been amended by Ordinance 6894, which is pending codification.

See LUC 20.25H.265 and 20.25H.270 for additional review procedures for Critical Areas Land Use Permits involving a critical areas report. (Ord. 5683, 6-26-06, § 27)

20.30S.110 Scope.

This Part 20.30S establishes the procedure and criteria that the City will use in making a decision upon an application for a Vendor Cart Permit. (Ord. 4654, 6-6-94, § 68)

20.30S.115 Applicability.

This Part 20.30S applies to any application to operate a vendor cart as defined in LUC 20.50.052. (Ord. 4654, 6-6-94, § 68)

20.30S.120 Purpose.

A Vendor Cart Permit is a mechanism by which the City may permit small-scale, mobile retail sales. (Ord. 4654, 6-6-94, § 68)

20.30S.125 Applicable procedure.

The Director of the Development Services Department shall review and decide on an application for a Vendor Cart Permit. (Ord. 4654, 6-6-94, § 68)

20.30S.130 Who may apply.

The property owner may apply for a permit to operate a vendor cart. (Ord. 4654, 6-6-94, § 68)

20.30S.135 Submittal requirements.

A. The Director of the Development Services Department shall specify the submittal requirements, including type, detail, and number of copies, for a Vendor Cart Permit application to be deemed complete and accepted for filing.

B. The Director of the Development Services Department may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 4654, 6-6-94, § 68)

20.30S.140 Decision criteria.

The Director may approve or modify and approve an application for a Vendor Cart Permit, if:

A. The use will not cause pedestrian or traffic congestion; and

B. The use is compatible with and responds to the existing or intended character, appearance, quality of development and physical characteristics of the subject property and immediate vicinity; and

C. The use complies with the applicable requirements of this Code; and

D. The use is covered by a valid Right-of-Way Use Permit, if required under BCC 14.30.080. (Ord. 5481, 10-20-03, § 14; Ord. 4654, 6-6-94, § 68)

20.30U.110 Scope.

This part establishes the exclusive procedure and criteria that the City will use in making a decision upon an application to permit a Temporary Encampment. (Ord. 5615, 7-25-05, § 1)

20.30U.115 Applicability.

This Part 20.30U applies to each application for a Temporary Encampment Permit and each Temporary Encampment use within the City, except as otherwise provided in LUC 20.30U.131.B for Temporary Encampment uses pursuant to an Extended Temporary Encampment Permit. (Ord. 6498, 12-9-19, § 1; Ord. 5615, 7-25-05, § 1)

20.30U.120 Who may apply.

Temporary Encampments shall not be permitted within the City except as an accommodation of religious exercise by an Encampment Host, Encampment Sponsor, or Encampment Manager. Each Encampment Host, Encampment Manager and Encampment Sponsor of a Temporary Encampment shall jointly apply for a permit under this Part 20.30U, and shall jointly certify compliance with all applicable use requirements and conditions of this part in the application. (Ord. 5615, 7-25-05, § 1)

20.30U.121 Submittal requirements.

A. Prior to or upon filing their application for a Temporary Encampment Permit, the Encampment Host, Encampment Sponsor and Encampment Manager shall prepare an Encampment Management Responsibility Plan, which shall be included with their permit application. An application that does not contain an Encampment Management Responsibility Plan shall not be considered complete. The Encampment Management Responsibility Plan shall include the following:

1. A description of the security measures that the Encampment Host, Encampment Sponsor and Encampment Manager intend to employ at the Encampment Site, including criteria for rejection as a resident, a code of conduct, neighborhood security patrols, if any, whether and how they will implement outstanding warrant or registered sex offender background checks, and whether and how any Temporary Encampment residents or prospective residents may be ejected from the Temporary Encampment based on the results of such checks.

2. A certificate of insurance identifying any applicable policies of insurance, including policy limits, held by the Encampment Host, Encampment Sponsor, or Encampment Manager. Full copies of any such policies shall be available for the City’s inspection at the Encampment Host Site.

3. A description of any requested exemptions sought pursuant to LUC 20.30U.125.A.8.a, 20.30U.125.A.11.k, or 20.30U.127, and a description of the manner in which the proposed exemptions satisfy the criteria of the exemption provision and this part.

4. A transportation plan demonstrating compliance with LUC 20.30U.125.A.6.

5. A proposed Site plan.

6. A street address which, for the duration of the Temporary Encampment, shall be considered the permanent and fixed address of each individual while residing at the Temporary Encampment. (Ord. 6498, 12-9-19, § 2; Ord. 5615, 7-25-05, § 1)

20.30U.122 Applicable procedures.

A Temporary Encampment Permit is a Process V decision. In addition to the requirements for Process V in Chapter 20.35 LUC, the following additional procedures apply:

A. Public Meeting Required. The Director shall hold an informational Public Meeting. The meeting shall comply with the requirements of LUC 20.35.525. Prior to the Public Meeting, the Encampment Host shall meet and confer with the Bellevue Police Department regarding the proposed security measures. At the Public Meeting, a representative of the Encampment Host shall present in writing and describe the proposed Encampment Management Responsibility Plan, and any input or comment received on the plan, including any comment or input from the Bellevue Police Department, or comment or input from Schools and/or Child Care Services under subsection B of this section. The Public Meeting shall be attended by all applicants of the proposed Temporary Encampment Permit.

B. Additional Mailed Notice. The requirements for mailed notice of the application set forth in LUC 20.35.510 shall be expanded to include owners of real property within 600 feet of the project Site. Prior to the decision of the Director on a Temporary Encampment Permit, the Encampment Host, Encampment Sponsor, or Encampment Manager shall meet and confer with the administration of any public or private elementary, middle, junior high or high school within 600 feet of the boundaries of the proposed Temporary Encampment Site, and shall meet and confer with the operators of any known Child Care Service within 600 feet of the boundaries of the proposed Temporary Encampment Site. The Encampment Host and the School administration and/or Child Care Service operator shall make a good faith effort to agree upon any additional conditions that may be appropriate or necessary to address School and/or child care concerns regarding the location of a Temporary Encampment within 600 feet of such a facility. Any such conditions agreed upon between the parties shall be submitted to the Director for consideration for inclusion within the Temporary Encampment Permit. In the event the parties fail to agree on any conditions, either party may provide the Director with a written summary of the parties’ discussions, which the Director may consider in evaluating whether the criteria for the Temporary Encampment Permit are met, or the need for additional conditions upon the Temporary Encampment Permit based on the applicable decision criteria.

C. Signed Notice. The applicant shall provide notice of the application by posting two Signs or placards on the Site or in a location immediately adjacent to the Site that provides visibility to motorists using adjacent streets. The Director shall establish standards for size, color, layout, design, wording, placement, and timing of installation and removal of the Signs or placards.

D. Post-Issuance Informational Public Meeting. The Encampment Host, Encampment Sponsor and Encampment Manager shall confirm in writing, on at least a monthly basis during the duration of any Temporary Encampment, their continued compliance with the use requirements in LUC 20.30U.125 and all applicable conditions of approval. Within a reasonable time of no longer than 14 days following a request from the Director, the Encampment Host shall address operational concerns raised about a permitted Temporary Encampment. The Director may require a post-issuance informational Public Meeting between the Encampment Host and members of the public if operational concerns related to health and safety are not timely resolved. (Ord. 6498, 12-9-19, § 3; Ord. 5615, 7-25-05, § 1)

20.30U.125 Use requirements.

A. The following requirements apply to each Temporary Encampment:

1. The Encampment Host, Encampment Sponsor, and Encampment Manager must demonstrate that the proposed use meets the definition of a Temporary Encampment, as set out in LUC 20.50.048.

2. The Encampment Host, Encampment Sponsor, and Encampment Manager shall ensure enforcement of a code of conduct at the Temporary Encampment Site. The code of conduct shall be in substantially the following form or address the following issues:

a. Possession or use of illegal drugs is not permitted.

b. No alcohol is permitted.

c. No weapons are permitted.

d. All knives over three and one-half inches must be turned in to the Encampment Manager for safekeeping.

e. No violence is permitted.

f. No open flames are permitted.

g. No trespassing into private property in the surrounding neighborhood is permitted.

h. No loitering in the surrounding neighborhood is permitted.

i. No littering on the Temporary Encampment Site or in the surrounding neighborhood is permitted.

Nothing within this section shall prohibit the Encampment Host, Encampment Sponsor or Encampment Manager from imposing and enforcing additional code of conduct conditions not otherwise inconsistent with this section.

3. The maximum number of residents at a Temporary Encampment Site shall be determined taking into consideration Site conditions, but shall in no case be greater than 100 at any one time. Any proposed Site shall be of sufficient size to support the activities of the Temporary Encampment without the overcrowding of residents or any intrusion into required Setbacks. In determining the maximum occupancy of a Temporary Encampment, the Director shall consider the square footage of the Encampment Site; the number of proposed Temporary Enclosures; the number of required or proposed bathing, food handling, hand washing, laundry, and toilet facilities; required Setbacks; and the ongoing use of the Site by the Encampment Host. The City shall impose a condition on the Temporary Encampment Permit for the Encampment limiting the number of residents or occupants to the number determined pursuant to this subsection. Any increase in the number of residents or occupants beyond that applied for by the applicants and included in the Temporary Encampment Permit shall require a revision to the Temporary Encampment Permit, which shall be processed as a new application.

4. The duration of a Temporary Encampment at any specific location shall not exceed 90 days at any one time.

5. There shall be no more than one Temporary Encampment in the City at any time. No Temporary Encampment use shall be permitted within one mile of any Site where a Temporary Encampment use under Part 20.30U LUC has operated within the prior 180-day period. A Temporary Encampment may be located at the same Site no more than once every 18 months.

6. A Temporary Encampment shall be within one-half mile of a public transportation stop, or the Encampment Sponsor, Encampment Host or Encampment Manager shall otherwise demonstrate the ability for Temporary Encampment occupants to obtain access to the nearest public transportation stop. During hours when public transportation is not available, the Encampment Sponsor, Encampment Host, or Encampment Manager shall also make transportation available to anyone who is rejected from or ordered to leave the Temporary Encampment. Bus schedules, phone numbers for emergency drivers and taxis and the location of the nearest 24-hour transit center to which rejected persons will be transported when buses are not available shall be posted in a prominent location for Encampment residents.

7. On-site Parking Spaces of the Encampment Host shall not be displaced unless the required minimum parking remains available for the Encampment Host’s use, as set forth in LUC 20.20.590. The Host may provide shared parking pursuant to LUC 20.20.590.I, or off-site parking pursuant to LUC 20.20.590.J, to satisfy minimum parking requirements.

8. The perimeter of a Temporary Encampment must be buffered from surrounding properties as follows:

a. The Temporary Encampment, as measured from the Temporary Encampment perimeter, shall meet the minimum Setback requirements applicable to the Encampment Host in the underlying Land Use district; provided, that no Temporary Encampment Setback shall be less than 20 feet; and provided further, that the Encampment Host, Encampment Sponsor, or Encampment Manager may petition the Director for a reduction of Setback requirements applicable to the Encampment Host in the underlying Land Use district to no less than 20 feet. In considering whether a reduction should be granted, the Director may consider whether the minimum Setback requirements applicable to the Encampment Host in the underlying Land Use district, if applied to the Temporary Encampment, would substantially burden the siting or hosting of a Temporary Encampment at a particular location or by a particular Encampment Host, Encampment Sponsor, or Encampment Manager and may consider the effects on health and safety of residents and the community should the reduction be granted.

b. The Temporary Encampment shall be surrounded by a view-obscuring Fence or equivalent solid Structure, which in no event shall be less than six feet high. The perimeter surrounding the Temporary Encampment shall have a single designated point for ingress or egress, consistent with applicable fire and other safety regulations.

9. The Encampment Host, Encampment Sponsor and Encampment Manager shall not permit children under the age of 18 to stay overnight in a Temporary Encampment, unless circumstances prevent a more suitable overnight accommodation for the child and parent or guardian. If a child under the age of 18, either alone or accompanied by a parent or guardian, attempts to stay overnight, the Encampment Host, Encampment Sponsor or Encampment Manager shall endeavor to find alternative shelter for the child and any accompanying parent or guardian.

10. The Encampment Host, Encampment Sponsor or Encampment Manager shall take all reasonable and lawful steps to obtain verifiable identification, such as a valid driver’s license, government-issued identification card, military identification card, or passport, from all prospective and current residents of a Temporary Encampment. The Encampment Host shall retain a log of all overnight residents of the Temporary Encampment, including names and dates.

11. The Encampment Host, Encampment Sponsor or Encampment Manager shall assure compliance with the following health and safety regulations. References to the application of local ordinances and regulations shall include the codes and regulations of King County and the City of Bellevue. All references are to regulations, ordinances and codes now or as hereafter amended:

a. Water Supply. The Encampment Host, Encampment Manager or Encampment Sponsor must:

i. Provide at least one hot water handwash sink as near to the food preparation facilities as the Site will reasonably allow. If the hot water sink is located further than 100 feet from the food preparation facilities or is not otherwise located on site, then a cold-water sink shall be located within 100 feet of the food preparation facilities.

ii. Prohibit the use of common drinking cups or containers from which water is dipped or poured, except for water and coffee containers and carafes that are filled with only potable water sources and washed once weekly with bleach and hot water.

iii. Ensure any containers used for non-potable water are labeled as such.

b. Sewage and Wastewater Disposal. The Encampment Host, Encampment Manager and Encampment Sponsor must provide for sewage and wastewater disposal in accordance with the codes and regulations of local health jurisdictions.

c. Electricity and Lighting. The Encampment Host, Encampment Manager or Encampment Sponsor must ensure that all electrical wiring, fixtures and electrical equipment must comply with the electrical standards of the Department of Labor and Industries regulations, Chapter 19.28 RCW, and local ordinances, and be maintained in a safe condition.

d. Hand Washing and Bathing. An Encampment Host, Encampment Manager or Encampment Sponsor must:

i. Provide one hand wash sink for every 25 persons. At least two hand wash sinks must be adjacent to toilets, and other hand wash sinks may be located throughout the Temporary Encampment Site for general use.

ii. Provide one hot water shower on the Temporary Encampment Site; provided, however, that if the ratio of hot showers is greater than one for every 40 persons, the Director’s Permit decision shall include designation of off-site shower facilities for use by Temporary Encampment residents within a reasonable proximity from the Temporary Encampment Site and the Encampment Host, Encampment Sponsor and/or Encampment Manager shall provide a means of transportation to the designated facilities.

iii. Provide cleanable, nonabsorbent waste containers.

iv. Maintain bathing and hand washing facilities in a clean and sanitary condition, cleaned at least daily.

e. Toilets. The Encampment Host, Encampment Manager or Encampment Sponsor must:

i. Provide the following toilet facilities:

(1) One toilet, including portable toilets, for every 25 persons;

(2) Hand washing sinks adjacent to toilets, as provided in subsection A.11.d of this section; and

ii. Maintain toilets in a clean and sanitary condition.

f. Cooking and Food Handling. In common food-handling areas, the Encampment Host, Encampment Manager or Encampment Sponsor must provide:

i. An enclosure, adequate in size, separate from any sleeping quarters;

ii. No direct openings to living or sleeping areas from the common food-handling area;

iii. Nonabsorbent, easily cleanable food preparation counters situated off the floor;

iv. When perishable food will be in place, mechanical refrigeration conveniently located and able to maintain a temperature of 45 degrees Fahrenheit or below. If mechanical refrigeration is not reasonably available, then the use of ice chests complies with this requirement provided the ice chests are maintained at a temperature of 45 degrees or less, ice for ice chests is replenished when necessary to maintain temperature, ice chests are in working order and fitted with tight fitting lids, ice chests are cleaned at least weekly with a bleach solution and thoroughly rinsed prior to re-use, shared meals for the majority of residents are not prepared on-site, and the Encampment Host, Encampment Sponsor and/or Encampment Manager shall promptly comply with any correction notice or direction by King County Department of Health or other agency with jurisdiction regarding food preparation and storage on site.

g. Maintenance of Bedding. The Encampment Host, Encampment Manager or Encampment Sponsor must maintain bedding, if provided by the Encampment Host, Encampment Manager or Encampment Sponsor, in a clean and sanitary condition.

h. Refuse Disposal. The Encampment Host, Encampment Manager or Encampment Sponsor must:

i. Comply with local sanitation codes for removing and disposing of refuse from housing areas.

ii. Store refuse in on-site trash cans with snap tight lids that are lined with trash bags that are removed and replaced daily.

iii. Keep refuse containers clean.

iv. Provide a refuse container adjacent to food preparation area and within 100 feet of each Dwelling Unit.

v. Empty refuse containers at least twice each week, and when full.

i. Insect and Rodent Control. The Encampment Host, Encampment Manager or Encampment Sponsor must take effective measures to prevent and control insect and rodent infestation.

j. Disease Prevention and Control. The Encampment Host, Encampment Manager or Encampment Sponsor must:

i. Report immediately to Seattle and King County Public Health:

(1) Suspected food poisoning;

(2) Unusual prevalence of fever, diarrhea, sore throat, vomiting, or jaundice; or

(3) Productive cough, or when weight loss is a prominent symptom among occupants.

ii. Comply with reporting requirements applicable to Schools and child care facilities in WAC 246-101-415 and 246-101-420 as now or hereafter amended.

k. Substantial Compliance. An Encampment Host, Encampment Sponsor, or Encampment Manager may petition the Director for an exemption from particular provisions of this subsection A.11 upon a showing of substantial compliance or alternative means of compliance. Alternative means of compliance may include the following:

i. Use of facilities already available on the Encampment Host Site or within the Encampment Host’s facilities (such as preexisting indoor or outdoor hand washing, toilet, or shower facilities);

ii. Use of facilities located sufficiently near the Encampment Host Site so as to adequately address the health and safety of Encampment residents (such as adjacent public toilet, shower or hand washing facilities);

iii. Use of alternative means to assure the health and safety of both the Temporary Encampment residents and surrounding neighborhood residents, occupants and users.

In considering whether an exemption should be granted, the Director may consider whether the provision or provisions of this subsection A.11 at issue, if applied to the Temporary Encampment, would substantially burden the siting or hosting of a Temporary Encampment at a particular location or by a particular Encampment Host, Encampment Sponsor, or Encampment Manager.

12. Exterior lighting shall be shielded or recessed so that direct Glare and reflections are contained within the Temporary Encampment, and shall also be directed downward and away from Adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures utilized at Temporary Encampments shall be appropriate in scale, intensity, and height to the use that they are serving. (Ord. 6498, 12-9-19, § 4; Ord. 5615, 7-25-05, § 1)

20.30U.127 Hardship exception.

An Encampment Host, Encampment Sponsor, or Encampment Manager may petition the Director for an exception from any of the Specific Use Requirements of LUC 20.30U.125 upon grounds of hardship. In considering whether a hardship exception should be granted, the Director may consider whether the provision or provisions at issue substantially burden the siting or hosting of a Temporary Encampment at a particular location or by a particular Encampment Host, Encampment Sponsor, or Encampment Manager and the effects on health and safety of residents and the community should the exception be granted. (Ord. 5615, 7-25-05, § 1)

20.30U.130 Decision criteria.

The Director may approve or approve with modifications an application for a Temporary Encampment Permit if:

A. The Temporary Encampment complies with the Use Requirements set out in LUC 20.30U.125 and other applicable requirements of this code; and

B. The Temporary Encampment will not be materially detrimental to the public health, safety or welfare of the Temporary Encampment residents or the surrounding community; and

C. The imposition of a condition under which the City reserves the right to impose additional conditions or to reconsider the Temporary Encampment Permit within a certain timeframe from approval date, based on complaints filed with the City. (Ord. 5615, 7-25-05, § 1)

20.30U.131 Time limitation.

A. General. A Temporary Encampment Permit is valid for up to 90 days beginning the first day of the Temporary Encampment except as provided in this section.

1. Eligibility. A Temporary Encampment Host that has previously obtained a Temporary Encampment Permit that was not subject to revocation and operated a Temporary Encampment at a particular Site in the City that was not subject to a sustained code enforcement action beyond voluntary compliance may choose to apply for an Extended Temporary Encampment Permit in lieu of a Standard Temporary Encampment Permit. An Extended Temporary Encampment Permit is valid for a period of three years from the effective date of the Extended Temporary Encampment Permit.

2. Year 1 Application. The first-year application for an Extended Temporary Encampment Permit is the same as the process set forth above and applicable to a Standard Temporary Encampment Permit.

3. Subsequent Year Application. If an application for a subsequent-year Temporary Encampment at the same Site pursuant to a valid Extended Temporary Encampment Permit contains no change or minor modification from the first-year Temporary Encampment operated under the Permit and there are no outstanding enforcement actions related to the Permit, in lieu of the requirements at LUC 20.30U.121 and 20.30U.122, the application process for subsequent-year Temporary Encampment hosting pursuant to the Permit shall include:

a. A description of the proposed subsequent-year Temporary Encampment, including proposed arrival and departure dates and identification of any modification to the first-year application applicable to the Extended Temporary Encampment Permit;

b. A Safety and Security Report that includes (i) updated identification and telephone contact information for a designated point of contact for the Encampment Host for concerns related to the subsequent-year Temporary Encampment; (ii) a plan for addressing reported concerns and documenting resolution during the duration of the subsequent-year Temporary Encampment; and (iii) a plan for coordinating communication between the Encampment Host and members of the public regarding concerns related to the subsequent-year Temporary Encampment; and

c. A courtesy letter subject to the mailing radius at LUC 20.30U.122.B that contains the information identified in subsections B.3.a and B.3.b of this section.

4. New Application. If an application for a subsequent-year Temporary Encampment at the same Site pursuant to a valid Extended Temporary Encampment Permit contains substantive modifications from the first-year Temporary Encampment operated under the Permit and/or there are outstanding enforcement actions related to the Permit, the application will be treated as a new application for a Standard Temporary Encampment Permit.

5. Except as otherwise provided in this section LUC 20.30U.131, all requirements in Part 20.30U LUC apply to each Temporary Encampment use pursuant to an Extended Temporary Encampment Permit. (Ord. 6498, 12-9-19, § 5)

20.30U.135 Revocation of Temporary Encampment Permit.

Upon determination that there has been a violation of any decision criteria or condition of approval, the Director may give written notice to the permit holder describing the alleged violation. Within 14 days of the mailing of notice of violation, the permit holder shall show cause why the permit should not be revoked. At the end of the 14-day period, the Director shall sustain or revoke the permit. When a Temporary Encampment permit is revoked, the Director shall notify the permit holder by certified mail of the revocation and the findings upon which revocation is based. Appeals of decisions to revoke a Temporary Encampment Permit will be processed using the Process V appeal procedures. The availability of this procedure shall be in addition to the procedures set out in Chapter 1.18 BCC. (Ord. 6498, 12-9-19, § 6; Ord. 5615, 7-25-05, § 1)

20.30V.110 Scope.

This Part 20.30V LUC establishes the procedure and criteria that the City will use in making a decision upon an application for a Master Development Plan. (Ord. 5727, 3-19-07, § 2)

20.30V.115 Applicability.

This Part 20.30V LUC applies to each application for a Master Development Plan. (Ord. 5727, 3-19-07, § 2)

20.30V.120 Purpose.

The Master Development Plan process is a mechanism by which the City can ensure that site development including structure placement, vehicular and pedestrian mobility and necessary amenities are developed and phased to conform to the terms of the Land Use Code and other applicable City codes and standards. (Ord. 5727, 3-19-07, § 2)

20.30V.130 Phasing plan.

A phasing plan for installation of site improvements, landscaping and amenities necessary to support each phase of development must be approved as part of the Master Development Plan. The phasing plan is not intended to prescribe a timeline or sequence for development, but shall provide for proportionate installation of amenities that must be included when each phase of development is constructed. Required amenities and improvements shall be included. (Ord. 5727, 3-19-07, § 2)

20.30V.140 Binding Site Plan.

A. General. The applicant may request that the Master Development Plan constitute a Binding Site Plan pursuant to Chapter 58.17 RCW.

B. Survey and Recording Required. If a Master Development Plan is approved as a Binding Site Plan, the applicant shall provide a recorded survey depicting all lot lines and shall record that Binding Site Plan and survey with the King County Department of Records and Elections. No document may be recorded without the signature of each owner of the subject property.

C. Effect of Binding Site Plan. Upon the approval and recording of a Binding Site Plan, the applicant may develop the subject property in conformance with the Binding Site Plan and without regard to lot lines internal to the subject property. The applicant may sell or lease parcels subject to the Binding Site Plan. (Ord. 5727, 3-19-07, § 2)

20.30V.150 Decision criteria.

The Director may approve or approve with modifications an application for a Master Development Plan if:

A. The proposed Master Development Plan is consistent with the Comprehensive Plan; and

B. The Master Development Plan complies with the applicable requirements of the Bellevue City Code; and

C. The proposed Master Development Plan addresses all applicable standards, guidelines or criteria of this Code in a manner which fulfills their purpose and intent; and

D. The Master Development Plan depicts features of and relationships and connectivity between required site features for the underlying Land Use District. (Ord. 5727, 3-19-07, § 2)

20.30V.160 Modification or addition to an approved Master Development Plan.

There are two ways in which to modify or add to an approved Master Development Plan: process as a new Master Development Plan or process as a Land Use Exemption.

A. New Master Development Plan. Except as provided in subsection B of this section, an amendment to a previously approved Master Development Plan is treated as a new application.

B. Land Use Exemption to an Existing Master Development Plan. The Director may determine that a modification to a previously approved Master Development Plan is exempt from further review as a new application, provided the following criteria are met:

1. The modification is exempt from SEPA review; and

2. The modification is within the general scope of the purpose and intent of the original approval; and

3. The modification complies with all applicable Land Use Code requirements and all applicable development standards and is compatible with all applicable design criteria; and

4. The modification does not add more than 20 percent of the square footage assigned to any single building in the original Master Development Plan and in no event may the modification process be used to exceed the development intensity limitations for the area that is subject to Master Development Plan approval. (Ord. 5727, 3-19-07, § 2)

20.30V.170 Land area computation.

A. General. Land which is dedicated to the City of Bellevue for right-of-way without compensation to the owner in conformance with paragraph B of this section is included in the land area for the purpose of computing maximum FAR notwithstanding LUC 20.50.020, Floor Area Ratio (FAR), and for the purpose of computing allowable dwelling units per acre.

1. A property owner may make a special dedication by conveying land identified for right-of-way acquisition in a Transportation Facilities Plan of the Comprehensive Plan, the Transportation Facilities Plan adopted by the City Council or the Capital Investment Program Plan to the City of Bellevue by an instrument approved by the City Attorney.

2. A property owner may also make a special dedication by conveying land identified by the Director of Transportation as necessary for safety operational improvement projects. (Ord. 5727, 3-19-07, § 2)

20.30V.180 Recording required.

Following approval of a Master Development Plan and any subsequent modifications thereto, the applicant shall record the plans and conditions that constitute the approval with the King County Division of Records and Elections or its successor agency. Components of the approval required to be recorded include but are not limited to the applicable conditions of approval, total amount (square footage) of floor area earned through an FAR amenity incentive system, or floor area earned through special dedication of right-of-way, parks, or open space. A copy of the recorded document shall be provided to the city for inclusion in the project file. (Ord. 5876, 5-18-09, § 32; Ord. 5727, 3-19-07, § 2)

20.30V.190 Extended vesting period for Master Development Plans and associated Design Review approval.

To the extent not precluded by other sections of this code, an applicant for a Master Development Plan may request a modification to the vesting and expiration provisions of LUC 20.40.500, allowing for vesting of the land use permits and approvals for a period of up to 10 years from the date of issuance of the Master Development Plan.

A. Timing of Request for Modification. The request for modification may be submitted with the application for land use review or at any time prior to expiration of a previously approved land use permit or approval pursuant to LUC 20.40.500. If submitted at the time of application for the land use review, the decision on the request for modification shall be merged with the decision on the underlying land use permit. If submitted after the land use permit or approval has been issued, the request for modification shall be processed pursuant to LUC 20.30F.175 or 20.30V.160.B. In no event shall the vesting period for a Master Development Plan or associated Design Review approval exceed 10 years from the date of issuance of the Master Development Plan approval pursuant to LUC 20.30V.150.

B. The Director may approve an increased vesting period; provided, that the project complies with an approved phasing plan pursuant to LUC 20.30V.130. The Director shall consider: (1) the site and size, (2) the size, scope and complexity of the project, and (3) construction and permitting activity in the vicinity of the project in determining the appropriate vesting period. The vested status of other required review, including but not limited to SEPA, Traffic Standards Code, Transportation Development Code, and building or other technical code review, is not controlled by this section.

C. The Director may require an assurance device pursuant to LUC 20.40.490 to ensure compliance with the condition of land use approval and the phasing plan throughout the vested period. (Ord. 5727, 3-19-07, § 2)