A.

Where required by the provisions of this title, no use or development of property shall occur, the use made of property may not be substantially changed (see CMC Section 15.40.070, Change in Use), and land clearing, grading, filling or excavation may not be commenced, and buildings or other substantial structures may not be constructed, erected, moved, placed or substantially altered, or land subdivided, except in accordance with and pursuant to one of the following permits or approvals:

1.

A special use permit issued by the city planner; or

2.

A conditional use permit issued by the hearing examiner.

B.

Special use permits and conditional use permits are issued under this title only when a review of the application submitted, including the plans contained therein, indicates that the development will comply with the provisions of this title if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided in CMC Section 15.18.060, all development shall occur strictly in accordance with such approved plans and applications.

D.

A special use permit or conditional use permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

All applications for special use and conditional use permits shall be processed in accordance with Chapter 15.09 CMC.

B.

Subject to subsections C and D of this section, applicant submittal requirements are as follows:

1.

A completed and signed permit application;

2.

A legal description of the subject property, including parcel number;

3.

A site plan of the proposed project, at a scale determined by the city planner, showing the following on one or more sheets as needed for readability:

a.

Existing natural features,

b.

Existing and proposed grades,

c.

Existing and proposed structures and other improvements,

d.

Existing and proposed utility improvements,

e.

Existing and proposed rights-of-way and improvements,

f.

Parking for the proposed use,

g.

Structures and other improvements and natural features within fifty feet of the project site;

4.

A landscape plan, showing existing and proposed landscaping and fences, if required by CMC Chapter 15.76;

5.

Exterior elevation of all existing and proposed structures and, if required by the city planner, a materials board showing all proposed colors and materials;

6.

A vicinity map, showing the location of the site in relation to nearby streets and properties;

7.

A list of all property owners and their addresses within three hundred feet of the subject property;

8.

A written summary of the proposal, including the objective(s) of the proposal, the sections of this municipal code which require approval of the application, and the relationship of the arrangement of buildings and other structures, parking, landscaping, etc. to those objectives and to the development and use of adjoining properties;

9.

A summary table of project statistics, including site area, percentage of impervious surfaces, building heights, the use or occupancy and construction type per the IBC for any proposed new structures, required and proposed parking, and similar data as required to evaluate conformance of the proposed project with city regulations;

10.

A list of uses for which the conditional or special use permit is sought and the gross floor area or gross lot area that each would occupy;

11.

A written description of the proposed operation of the use, including hours of operation, estimated number of employees and/or occupants, and any proposed storage or use of hazardous materials;

12.

A written statement addressing the decision criteria;

13.

A completed environmental checklist, unless the proposal is exempt from SEPA review. An application for which exempt status is claimed shall be accompanied by citation to the specific provision of Chapter 197-11 WAC or other applicable law that establishes the exemption;

14.

A list of other permits that are or may be required for development of the property (issued by the city or by other governmental agencies) insofar as they are known to the applicant;

15.

A list of other city permits that are to be processed concurrently with this permit, pursuant to Chapter 15.09 CMC;

16.

Any required fee deposit as specified by city council resolution;

17.

If the project is to be developed or occupied in phases, a schedule for each phase.

C.

Detailed or technical design and construction specifications relating to various types of improvements (streets, sidewalks, etc.) are set forth in the city's civil design standards.

1.

It is not necessary that the application contain the type of detailed construction drawings that would be necessary to determine compliance with these standards, so long as the plans provide sufficient information to allow the permit-issuing authority to evaluate the application in the light of the substantive requirements set forth in the civil design standards.

2.

However, whenever this title or a condition of a permit requires a particular element of a development to be constructed in accordance with the detailed requirements set forth in one or more of these or other specified standards, then no construction work on such element may be commenced until detailed construction drawings have been submitted to and approved by the public works director. Failure to observe this requirement may result in permit revocation, denial of conditional or special use permit approval, or other penalty as provided in Chapter 15.28 CMC.

D.

It is recognized that each development is unique, and therefore the permit-issuing authority may allow less information or require more information to be submitted according to the needs of the particular case. For applications submitted to the hearing examiner, the applicant may rely in the first instance on the recommendations of the city planner as to whether more or less information is required than that set forth in any administrative guidelines.

E.

The city planner shall reasonably develop application forms, instructional sheets, checklists, and/or other techniques or devices to assist applicants in understanding the application requirements and the form and type of information that must be submitted. Where a minimal amount of information is necessary to enable the city planner to determine compliance with this title, the city planner shall develop standard forms to expedite the submission of necessary plans and other required information.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

An application for a special use permit shall be reviewed by the city planner in the manner provided in Chapter 15.09 CMC and this chapter.

B.

An application for a conditional use permit shall be reviewed by the hearing examiner in the manner provided in Chapter 15.09 CMC, Chapter 15.10 CMC and this chapter.

C.

The decision-maker shall issue a requested permit unless it concludes, based upon the information submitted, that:

1.

The requested use is not allowed according to the table of permissible uses; or

2.

If completed as proposed in the application, the proposal will not comply with one or more requirements of this title (not including those the applicant is not required to comply with under the circumstances specified in Chapter 15.32, Nonconforming Situations); or

4.

The proposal has not complied with SEPA; or

5.

The proposal does not satisfy the criteria for approval provided in Section 15.18.040.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

A conditional use permit shall be granted by the hearing examiner, and a special use permit shall be granted by the city planner, if each of the following criteria are satisfied:

1.

The proposed use is consistent with the city of Carnation comprehensive plan and the CMC;

2.

The proposed use is designed and constructed, and will be operated and maintained, in a manner that is compatible with the existing or intended character, appearance, quality of development and physical characteristics of both the subject property and the surrounding vicinity;

3.

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

4.

The type, hours of operation, and appropriateness of the proposed use in relation to adjacent uses will not create unusual hazards or result in adverse impacts; and

5.

The proposed use will be served by adequate public facilities and services and will not adversely affect public services to the surrounding area in a manner and/or to a degree that cannot be sufficiently mitigated through the imposition of reasonable conditions of approval.

B.

In granting a special or conditional use permit, the permit-issuing authority may attach to the permit such reasonable conditions as will ensure that the development in its proposed location will satisfy the criteria established in subsection A of this section or otherwise mitigate any adverse impacts of the proposed use.

C.

The permit-issuing authority may attach to a permit a condition limiting the permit to a specified duration.

D.

All conditions or requirements of approval shall be entered on the face of the permit.

E.

All conditions or requirements of approval authorized by this section are enforceable in the same manner and to the same extent as any other applicable requirement of this title.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

Special use and conditional use permits shall expire automatically if, within one year after the issuance of such permits:

1.

The use authorized by such permit has not commenced, in circumstances where no substantial construction, erection, placement, alteration, excavation, demolition, or similar work is necessary before commencement of such use; or

2.

Less than ten percent of the total cost of all construction, erection, alteration, excavation, demolition, or similar work on any development authorized by such permits has been completed on the project site.

B.

If, after some physical alteration to land or structures has occurred pursuant to the permit, and such work is discontinued for a period of one year, then the permit authorizing such work shall automatically expire.

C.

The permit-issuing authority may extend for a period up to six months from the date when a permit would otherwise expire pursuant to subsection A or B of this section if it concludes that:

1.

The permit has not yet expired;

2.

The applicant has proceeded with due diligence and in good faith to complete the project or otherwise commence the proposed use; and

3.

Conditions have not changed so substantially as to warrant a new application in the discretion of the permit-issuing authority.

D.

Successive extensions may be granted for periods up to six months upon the same findings pursuant to subsection C of this section. All such extensions may be granted without resort to the formal processes and fees required for a new permit for up to five years from the effective date of the original permit approval; provided, that an extension fee in an amount established by city council resolution shall apply.

E.

Notwithstanding any of the provisions of Chapter 15.32 CMC (Nonconforming Situations), this section shall apply to permits issued prior to the date the ordinance codified in this section becomes effective. Where prescribed expiration periods on permits granted prior to the adoption of this chapter are shorter those allowed by this code for the type of permit in question, such expiration dates are hereby extended for a period not to exceed the expiration period herein prescribed for those permit types, measured from the date of approval of original permit approval.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

Special use permits and conditional use permits are transferable to subsequent owners of the underlying property. However, so long as the land or structures or any portion thereof covered under a permit continues to be used for the purposes for which the permit was granted, then:

1.

No person, including any successor or assignee of the original permittee, may make use of the land or structures covered under such permit for the purposes authorized in the permit except in accordance with all the terms and requirements of that permit;

2.

The terms and requirements of the permit apply to and restrict the use of land or structures covered under the permit, not only with respect to all persons having any interest in the property at the time the permit was obtained, but also with respect to persons who subsequently obtain any interest in all or part of the covered property and who wish to use it for or in connection with purposes other than those for which the permit was originally issued; and

3.

All special use permit and conditional use permit approvals shall be recorded against the title of the underlying property at the applicant's expense.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The approval of a special use permit or conditional use permit constitutes approval only of the general concept of the applicant's proposal. Such approval is separate from and shall not substitute for any other regulatory approval otherwise required for the proposal, including but not limited to building permits, unless expressly waived by his code.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

Minor deviations from special use permits and conditional use permits, including approved plans, are permissible when authorized in writing by the city manager. A deviation is minor if: (1) it has no significant or material adverse impact on neighboring properties, the general public, or those intended to occupy or use the proposed development; (2) it does not constitute a substantial change in the project; and (3) it would not have resulted in a change in the conditions of approval if it had been considered during the original review of the permit. Whenever a deviation is approved, a memorandum from the city planner with findings of fact shall be placed in the file for the original permit. Minor deviations shall be considered as major deviations where their cumulative impacts exceed one or more of the thresholds contained in this subsection.

B.

All deviations that do not qualify as minor are designated as major deviations. Major deviations shall be processed as new applications.

C.

The city manager shall determine whether amendments to or modifications of a permit are minor or major under the criteria set forth in this section.

D.

An applicant requesting approval of a modification or deviation shall submit a written request for such approval to the city planner identifying such changes. Approval of all such changes must be given in writing.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The recipient of any special use or conditional use permit, including any successors or assignees, shall be responsible for maintaining all common areas, improvements or facilities required by this chapter or any permit issued in accordance with its provisions, except those areas, improvements or facilities which have been formally dedicated to the public. Without limitation, the forgoing requires that all private roads and parking areas, water and sewer lines, and recreational facilities shall be properly maintained by the permittee such as to ensure the availability of their use and enjoyment in the manner intended, and any required vegetation and/or trees used for screening, landscaping, or shading shall be replaced if they perish or are destroyed.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The purpose of a boundary line adjustment is to accommodate a minor transfer of land between adjacent legally created lots in order to correct property line or setback encroachments, create better lot design, or improve access, without creating substandard lots, or substandard yard or setback areas pursuant to the standards set forth in RCW 58.17.040(6) and this part. It is not the purpose of a boundary line adjustment to create additional building lots. The creation of additional building lots must be accomplished through the land division process.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

An application for a boundary line adjustment shall include and show the following:

1.

The name, address, and phone number of all owners of all parcels involved in the boundary line adjustment;

2.

Existing legal descriptions for all parcels involved and the proposed legal descriptions for all parcels involved upon completion of the boundary line adjustment; and

3.

A legible scale drawing prepared by a registered land surveyor of the properties involved in the adjustment showing at a minimum the following:

a.

The existing dimensions of all properties and proposed new boundary line adjustment,

b.

Identify adjacent streets, drainage channels, sewer and water lines,

c.

Dimensioned existing and proposed easements, if any,

d.

Existing structures, distance to property lines, and proposed property lines,

e.

Indicate north,

f.

The position of monumentation set at each new property corner,

g.

Identify parcels as Lot A, Lot B, etc., and

h.

Such other information as reasonably requested by the city.

B.

Owners of all parcels involved in the adjustment must sign the application.

C.

A copy of a current title report for all properties involved shall be attached to the application.

D.

Applicant shall provide proof that all past-due property taxes and/or LID assessments have been paid.

E.

The application shall be reviewed the city planner to determine its adequacy and accuracy. The city planner, upon determination that the application is complete and accurate, and that the fee has been paid, shall approve or deny the application in accordance with those procedures for a Type I land use application set forth in Chapter 15.09 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 833, § 6, 7-2-2013; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

Boundary and lot line adjustments may be made in accordance with RCW 58.17.040(6); provided, that written administrative approval by the City Planner, consistent with the provisions of CMC Title 15, is granted. All approved boundary or lot line adjustments shall ensure that:

A.

No additional lot, tract, parcel, site or division is created;

B.

No lot, tract, parcel, site or division which does not meet the building lot criteria for dimensions and area within a zoning district is created;

C.

No lot line or boundary line subject to adjustment is realigned equal to or more than 90 degrees from its pre-existing con?guration;

D.

The total area involved in the lot line adjustment is no greater than one-half of the area of the largest lot to be adjusted;

E.

The cumulative e?ect of the proposed boundary and/or lot line adjustment and all previous boundary and lot line adjustments involving any of the subject properties would not serve to erode the purpose of this title and Chapter 58.17 RCW;

F.

No environmental impacts would occur from allowing the boundary line or lot line adjustment; and

G.

The health, safety and welfare of the public will be protected.

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A denial of a boundary line adjustment application may be appealed in accordance with those procedures specified in Chapter 15.11 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)

An application for a boundary line adjustment shall be accompanied by a nonrefundable fee in the amount specified by city council resolution.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The applicant shall record the adjustment approval with the county and shall transmit a copy to the county assessor's office for the tax record purposes. A copy of the approval showing that it has been recorded shall be returned to the city. The approval shall not be deemed final until the applicant has complied with the requirements of this section.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The purpose of site development review is to establish a permit process to review the conceptual plan for the development of property for residential (other than single detached), recreational/cultural, general services, business services, retail, manufacturing, and regional land uses where a division of property is not proposed under this title. Site development review precedes approval of a building permit or other construction permits, in order to ascertain that the general lay out of the development will conform to the requirements of this title, including but not limited to dimensional standards, streets and sidewalks, parking, landscaping and protection of critical areas.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

Site Development Review.

1.

Applicability: Site development review shall be required for any of the following:

a.

New construction of four thousand or more square feet, excluding single-family dwellings.

b.

Expansions involving the addition of four thousand square feet or more to an existing building or structure, except: (i) where the size of the addition is equal to fifteen percent or less of the building or structure's existing gross floor area, and (ii) expansions to single-family dwellings.

c.

Any multi-family building that will create five or more new dwelling units, regardless of size.

2.

Site development review permits shall be a Type II permit.

B.

Minor Site Development Review.

1.

Applicability: Minor site development review shall be required for any of the following:

a.

Any new construction of less than four thousand square feet for which a building permit is required, excluding single-family dwellings.

b.

Any multi-family building that will create four or less new dwelling units, regardless of size.

c.

Reconfiguration of a parking area, means of ingress or egress or site circulation, regardless of whether a building permit is required, unless the small size of the proposed use or other factor(s) justify a waiver in the sole discretion of the city planner.

2.

A minor site development review shall be a Type I permit.

3.

A minor site development review shall meet all of the approval criteria set forth in this chapter.

4.

Applicants may not utilize successive minor site development review permits to avoid the threshold requirements for undergoing regular site development review pursuant to subsection (A). Where a minor site development review permit has been issued for a site, any additional minor site development review requested during the following two years shall be processed as a regular site development review permit in accordance with subsection (A).

C.

The site that is being reviewed pursuant to this chapter shall consist of all lots accommodating the development project.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 807, § 2(Exh. A), 2-7-2012; Ord. No. 953, § 2(Exh. A), 4-5-2022)

The city planner is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions and requirements of this part.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

Applications shall be on forms prescribed by the city planner and shall include such information as deemed necessary to establish compliance with this section.

B.

Applications for development plans shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, Chapter 43.21C RCW; SEPA as implemented by Chapter 197-11 WAC; CMC Title 12, Streets, Sidewalks and Public Places; CMC Title 13, Public Services; Chapter 14.04 CMC, Environmental Policy Act; CMC Title 15, Zoning; city comprehensive plan; utility comprehensive plans; the city of Carnation street and storm sewer system standards, water and sewer standards and administrative rules adopted to implement any such code or ordinance provisions.

C.

The proposed development plan shall be prepared by a professional land surveyor or engineer licensed in the state of Washington. The proposed site development plan shall include:

1.

The location, layout and size of all proposed improvements, including buildings, parking, etc.;

2.

Proposed and existing structures including elevations and floor plans as known (plans which show building envelopes rather than footprints must include postconstruction treatment of unoccupied areas of the building envelopes);

3.

The legal description of the lot(s);

4.

The name and address of the developer;

5.

The name, address and seal of the registered engineer or land surveyor;

6.

The scale, date and northpoint;

7.

The building setback lines for all lots;

8.

All proposed and existing uses, zoning and property boundaries within one hundred feet of any boundary of the site;

9.

The location and identification of critical areas within five hundred feet of any boundary of the site;

10.

The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site;

11.

The location and size of utility trunks serving the site;

12.

The location and size of water bodies and drainage features, both natural and manmade, within five hundred feet of any boundary of the site;

13.

Stormwater management plans as required by the adopted DOE Stormwater Management Manual in accordance with CMC Section 15.64.230;

14.

The location of any significant trees or significant stands of trees as defined by Chapter 15.08 CMC;

15.

A conceptual grading plan showing proposed clearing and existing and proposed topography, detailed to five-foot contours, unless smaller contours are otherwise requested;

16.

A layout of sewers and proposed water distribution system;

17.

The layout of streets, their names and widths of easements. The names of the streets shall conform to the names of corresponding streets and to the general system of naming used by the city;

18.

A complete environmental checklist, if the proposed action is not exempt from SEPA per Chapter 14.04 CMC;

19.

Certificates of water and sewer availability;

20.

Copies of all easements, deed restrictions or other encumbrances restricting the use of the subject property;

21.

A list of all property owners within three hundred feet of any boundary of the site;

22.

A copy of the most current assessor's map obtained from the King County department of assessments;

23.

Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation;

24.

A phasing plan and time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years;

25.

A list of any other development permits or permit applications having been filed for the site;

26.

Payment of any application fees and development deposits established by city council resolution.

D.

The city planner may waive specific submittal requirements determined to be reasonably unnecessary for the evaluation of the permit in light of relevant factors and circumstances including but not necessarily limited to the size, complexity and/or location of the proposed binding site plan.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The city planner may require the submittal of additional information, including but not limited to soil and geological studies, wetland assessments, or traffic studies, prior to processing a site development review application if it is determined that such information is necessary for the accurate review of such applications. The city planner may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review.

(Ord. 748 § 2 (Exh. A) (part), 2008)

Applications found to contain and be based on material errors shall be deemed withdrawn and subsequent resubmittals shall be treated as new applications.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application is approved, approved with conditions or denied. The city planner's decision shall include any reasonable conditions to ensure consistency with the city's development regulations based upon, but not limited to, the following:

1.

Conformance of the proposed site development plan with any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city;

2.

A finding that the site plan makes appropriate provisions for, but not limited to, the public health, safety, and general welfare related to dedication of rights-of-way or recreation space, and tracts, easements, or limitations which may be proposed or required for utilities, access, drainage controls, sanitation and water supply;

3.

A finding that the proposal satisfies the design review requirements of Subsection 18.18.320 A.1. CMC.

4.

A finding that the site plan complies with all applicable provisions of this title, and all other applicable adopted administrative rules and regulations.

B.

Additional documents shall be submitted as necessary for review and approval such as a plat certificate, boundary survey, agreements, easements, and covenants.

C.

The decision of the city planner shall be final.

D.

The decision shall become effective ten calendar days after the decision has been mailed, or if an appeal is filed under Chapter 15.11 CMC, upon final resolution of the appeal.

E.

All construction and site development activities related to the site development plan review are prohibited until the decision becomes effective and until authorized by any subsequent required permits.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022; Ord. No. 978, § 1, 9-19-2023; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

Unless extended pursuant to this section, site development review and minor site development review approvals automatically expire and are void if the applicant fails to file for a building permit or other necessary development permit (such as clear and grade permit, utility permit, right-of-way permit, etc.) and fails to make substantial progress towards completion within one year of the effective date of the site development review or minor site development review approval. "Substantial progress" includes, without limitation, the following: completion of grading, the installation of water and sanitary sewer main line extensions and service connections, and any other improvements necessary to demonstrate substantial progress to the reasonable satisfaction of the city planner.

B.

The city planner may extend for a period up to six months from the date when a permit would otherwise expire pursuant to subsection A of this section if he or she concludes that:

1.

The permit has not yet expired;

2.

The applicant has proceeded with due diligence and in good faith to complete the project or otherwise commence the proposed use; and

3.

Conditions have not changed so substantially as to warrant a new application in the discretion of the permit-issuing authority.

C.

Successive extensions may be granted for periods up to six months upon the same findings pursuant to subsection B of this section. All such extensions may be granted without resort to the formal processes and fees required for a new permit for up to five years from the original effective date of the site development review or minor site development review approval; provided, that an extension fee in an amount established by city council resolution shall apply. The city planner's decision granting or denying a request for an extension under this section shall not be subject to administrative appeal.

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

Except as otherwise provided, the city planner's decision regarding site development plan review may be appealed by any aggrieved person with legal standing pursuant to Chapter 15.11 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

A.

Modifications to a previous site development review approval shall be designated and processed as either minor modifications or major modifications in accordance with this section. The city planner shall determine the designation of any such modification. The city planner's determination shall be final and is not subject to administrative appeal.

B.

Major modifications to a project that previously received approval through the site development review process shall be processed as a new site development review application as a Type II project permit if they exceed the criteria in subsection C of this section. The city planner shall consider all cumulative impacts should additional request(s) for modification to a site development review approval be submitted.

C.

A modification to a previous site development review approval meeting one or more of the following criteria is considered a major modification:

1.

Changes in the siting of structures or the location of public amenities.

2.

New land use is proposed.

3.

Decrease in building setbacks as measured from the property line at the project boundary.

4.

Change in the location or number of site access points.

5.

Reduces the amount of required parking.

6.

Requires modification or withdrawal of the original SEPA threshold determination for the project, if any.

7.

Changes the boundaries of the originally approved site plan.

8.

Potentially results in impact(s) beyond the site boundaries not adequately addressed in the original approval.

9.

Either triggers or eliminates the need for a Development Agreement per Chapter 15.17 CMC.

10.

Changes in the number of dwelling units.

11.

Changes in the total floor area, as defined in Section 15.48.065, of all buildings in the site development review approval that meet the threshold established in Table I below. The scope of the project in the site development review approval shall dictate the project scale category and associated threshold. For projects with a combination of residential and non-residential uses, the highest project scale category for either residential or non-residential use would apply.

Table I

D.

Any modification to a site development review approval that does not meet the criteria set forth in subsection C of this section is considered a minor modification and shall be processed in accordance with the minor site development review process as a Type I project permit.

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

The document entitled Design Standards and Guidelines ("Design Standards") are adopted by reference and incorporated by this reference as if set forth in full. The design standards are intended to provide clear objectives for those embarking on planning and design of commercial and multifamily projects in Carnation, to increase awareness of design considerations among the citizens of Carnation and to maintain and enhance property values within Carnation.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

A.

The design standards apply to all nonsingle-family development in the following zones: central business district, mixed use, service commercial and multifamily residential zones, and in the public use zone where the property abuts Tolt Avenue. The design standards also apply to all properties located within two hundred feet of Tolt Avenue from the mixed use zone south to the city limits.

B.

Within the zoning districts identified in subsection A of this section, the design standards apply only to the following:

1.

New construction, except for single-family detached housing;

2.

Major exterior remodels, defined as all remodels within a three-year period whose value exceeds fifty percent of the value of the existing structure, as determined by city of Carnation valuation methods, except as provided in CMC Section 15.18.270;

3.

Minor exterior remodels, defined as all remodels within a three-year period with value of fifty percent of the valuation or less.

C.

The design standards do not apply to remodels that do not change the exterior appearance of the building. However, if a project involves both exterior and interior improvements, then the project valuation shall include both exterior and interior improvements.

D.

Projects subject to design review where a site development permit is required pursuant to Chapter 15.18; Part III CMC, shall apply only for said permit and such application shall also be regarded a design review application for the purposes of this title. All other provisions of this title shall apply to said application.(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 978, § 2, 9-19-2023; Ord. No. 25-1006, § 1(Att. A), 1-22-2025)

The city planner is authorized to develop and adopt administrative rules and regulations for the purpose of implementing and enforcing the provisions and requirements of this chapter.

(Ord. 748 § 2 (Exh. A) (part), 2008)

Major exterior remodels shall be exempt from any provision of the design standards that would require repositioning of the building or reconfiguration of the site. New construction and major exterior remodels shall be processed as a Type II project permit in accordance with Chapter 15.09 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

A.

Applications shall be on forms prescribed by the city planner and shall include such information as deemed necessary to establish compliance with this section.

B.

Applications for design review shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with adopted rules and regulations including, but not limited to, the city of Carnation design standards and guidelines, CMC Title 15, Zoning; the city of Carnation comprehensive plan; the city of Carnation Street and Storm Sewer System Standards, and any administrative rules adopted to implement any such code or ordinance provisions.

C.

Proposed elevations of any proposed new buildings or remodels from all directions that clearly show architectural details, prepared by a professional architect. In addition, examples of materials and colors that have been clearly called out on the elevations shall also be submitted.

D.

Proposed or existing site plan prepared by a professional architect, land surveyor or engineer licensed in the state of Washington. The proposed site plan shall include:

1.

The location, layout and size of all proposed improvements, including buildings, parking, etc.;

2.

The legal description of the lot(s);

3.

The name and address of the developer;

4.

The name, address and seal of the registered engineer or land surveyor;

5.

The scale, date and northpoint;

6.

All proposed and existing uses, zoning and property boundaries within one hundred feet of any boundary of the site;

7.

The location and identification of critical areas within five hundred feet of any boundary of the site;

8.

The location, widths and names of all existing or prior platted streets, public ways, utility rights-of-way, parks and other recreation spaces within or adjacent to the site;

9.

The location and size of utility trunks serving the site;

10.

The location and size of water bodies and drainage features, both natural and manmade, within five hundred feet of any boundary of the site;

11.

The location of any significant trees or significant stands of trees as defined by Chapter 15.08 CMC;

12.

The layout of streets, their names and widths of easements. The names of the streets shall conform to the names of corresponding streets and to the general system of naming used by the city;

13.

A list of all property owners within three hundred feet of any boundary of the site;

14.

A copy of the most current assessor's map obtained from the King County department of assessments;

15.

Documentation of the date and method of segregation for the subject property verifying that the lot or lots were not created in violation of the short subdivision or subdivision laws in effect at the time of creation;

16.

A phasing plan and time schedule, if the site is intended to be developed in phases or if all building permits will not be submitted within three years;

17.

A list of any other development permits or permit applications having been filed for the site;

18.

Payment of any application fees and development deposits imposed by the city.

E.

Landscape plan illustrating compliance with the requirements of the design standards and Chapter 15.76 CMC (Screening, Landscaping and Trees), at a scale that clearly illustrates the location of proposed plantings. The landscape plan shall include all species to be planted by Latin and common names, and shall include any planting details.

F.

The city planner may waive specific submittal requirements where determined to be reasonably unnecessary under the circumstances.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The city planner may require the submittal of additional information prior to processing a design review application if it is determined that such information is necessary for the accurate review of such applications. The city planner may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

A written record of decision shall be prepared in each case. The record may be in the form of a staff report or other written document and shall indicate whether the application shall be approved, approved with conditions or denied. The city planner's decision shall include any conditions to ensure consistency with the city's development regulations based on, but not limited to, the following:

1.

Conformance of the proposed design with an approved site plan, building permit, any conditions on a portion of the site, and with any applicable codes and ordinances of the state of Washington and the city;

2.

A finding that the design of new or remodeled buildings and site plan meet the requirements of the design standards;

3.

A finding that the site plan complies with all applicable provisions of this title, and all other applicable administrative rules and regulations.

B.

Additional documents shall be submitted as necessary for review and approval such as a plat certificate, boundary survey, agreements, easements, and covenants.

C.

The decision of the city planner shall be final.

D.

The decision shall become effective ten calendar days after the decision has been mailed, or if an appeal is filed under Chapter 15.11 CMC, upon final resolution of the appeal.

E.

All construction and site development activities related to the design review are prohibited until the decision becomes effective and until authorized by any subsequent required permits.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

The director's decision regarding site plan review may be appealed by any aggrieved person with legal standing pursuant to Chapter 15.11 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)

Minor exterior remodels must satisfy the design standards for those features of the facade that will be altered, and that any alterations do not lead to further nonconformance with the design standards. For example, if a project includes replacing a building facade's siding, then the siding shall meet that applicable exterior building material and color standards and/or guidelines, but elements such as building modulation would not be required. Minor exterior remodels shall be processed as a Type I project permit process in accordance with Chapter 15.09 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

A.

Applications shall be on forms prescribed by the city planner and shall include such information as deemed necessary to establish compliance with this section.

B.

Applications for design review shall be signed by all property owners or their authorized agents, with supporting documents as required below and which contain sufficient information to determine compliance with the city of Carnation design standards and guidelines.

C.

Proposed elevations illustrating the proposed remodeled facade, that clearly show architectural details that will be changed from existing conditions. Such illustrations do not have to be prepared by a professional architect. If the minor exterior remodel includes a change in materials or exterior color, examples of materials and colors that have been clearly called out on the elevations shall also be submitted.

D.

If changes are proposed to the site, a site plan illustrating the proposed changes shall also be included. Such site plans do not have to be prepared by a professional architect, land surveyor or engineer licensed in the state of Washington.

(Ord. 748 § 2 (Exh. A) (part), 2008)

The city planner may require the submittal of additional information prior to processing a minor design review application if it is determined that such information is necessary for the accurate review of such applications. The city planner may also set reasonable deadlines for the supplemental submittal of such information if it is found to be necessary subsequent to the initial application submittal. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may thereafter be returned to the applicant together with any unexpended portion of the application review fee. In no case shall an application be processed until it is complete in terms of the type or amount of information necessary for accurate review.

(Ord. 748 § 2 (Exh. A) (part), 2008)

A.

The signed application shall serve as a written record of decision.

B.

The decision of the city planner shall be final.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

A.

Unless extended pursuant to this section, design review approvals for major and minor exterior remodels automatically expire and are void if the applicant fails to file for a building permit or other necessary development permit (such as clear and grade permit, utility permit, right-of-way permit, etc.) and fails to make substantial progress towards completion within one year of the effective date of the design review approval. "Substantial progress" includes, without limitation, the following: completion of grading, the installation of water and sanitary sewer main line extensions and service connections, and any other improvements necessary to demonstrate substantial progress to the reasonable satisfaction of the city planner.

B.

The city planner may extend for a period up to six months from the date when a permit would otherwise expire pursuant to subsection A of this section if he or she concludes that:

1.

The permit has not yet expired;

2.

The applicant has proceeded with due diligence and in good faith to complete the project or otherwise commence the proposed use; and

3.

Conditions have not changed so substantially as to warrant a new application in the discretion of the permit-issuing authority.

C.

Successive extensions may be granted for periods up to six months upon the same findings pursuant to subsection B of this section. All such extensions may be granted without resort to the formal processes and fees required for a new permit for up to five years from the original effective date of the design review approval; provided, that an extension fee in an amount established by city council resolution shall apply. The city planner's decision granting or denying a request for an extension under this section shall not be subject to administrative appeal.

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

Except as otherwise provided, the city planner's decision regarding design plan review may be appealed by any aggrieved person with legal standing pursuant to Chapter 15.11 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

A.

Modifications to a previous design review approval shall be designated and processed as either minor modifications or major modifications in accordance with this section. The city planner shall determine the designation of any such modification. The city planner's determination shall be final and is not subject to administrative appeal.

B.

Major modifications to a project that previously received approval through the design review process shall be processed as a new design review major exterior remodel application as a Type II project permit if they exceed the criteria in subsection C of this section. The city planner shall consider all cumulative impacts should additional request(s) for modification to a design review approval be submitted.

C.

A modification to a previous design review approval meeting one or more of the following criteria is considered a major modification:

1.

Changes the architectural style of the original approval that includes one or more of the following:

a.

Changes in the roof form. Examples include, but are not limited to, changes from a gable to a flat roof, or from a gable to a hipped roof.

b.

Changes to more than one building cladding material or change of more than 25 percent of cladding on a structure. Examples include, but are not limited to, changing from horizontal lap siding to vertical lap siding, or from brick to wood siding.

c.

Changes to window gridding or cladding material that affects more than 25 percent of all windows of the affected structure. Examples include, but are not limited to, changing from gridded to non-gridded windows, or from wood-clad to vinyl-clad windows.

2.

Reduces the number of building modulation and articulation features.

3.

Increases the height of any structure by five feet or more.

4.

Locates parking facilities closer to the street.

5.

Triggers a new or modified site development review permit (Type II project permit).

D.

Any modification to a design review approval that does not meet the criteria set forth in subsection C of this section shall be considered a minor modification and shall be processed in accordance with the design review minor exterior remodel process as a Type I project permit.

(Ord. No. 953, § 2(Exh. A), 4-5-2022)

Where site improvements are imposed as a condition of approval under this chapter, the installation of such improvements shall be secured in accordance with Part VI of Chapter 15.16 CMC.

(Ord. 748 § 2 (Exh. A) (part), 2008)