1. Land use permit decisions are classified into four types, based on the amount of discretion associated with each decision. Procedures for the four different types are distinguished according to who makes the decision, whether public notice is required, whether a public hearing is required before a decision is made, and whether administrative appeals are provided. The types of land use decisions are listed in the table at the end of this subsection B.

2. Except as provided in SMC 21.09.030.L.1.f or unless otherwise agreed to by the applicant, all Type 2, 3 and 4 decisions included in consolidated permit applications that would require more than one type of land use decision process may be processed and decided together, including any administrative appeals, using the highest numbered land use decision type applicable to the project application.

3. Certain development proposals are subject to additional procedural requirements beyond the standard procedures established in this chapter.

4. Land use permits that are categorically exempt from review under the State Environmental Policy Act (SEPA) will not require a threshold determination (determination of nonsignificance (DNS) or determination of significance (DS)). For all other projects, the SEPA review procedures codified in SMC 21.09.030 are supplemental to the procedures set forth in this chapter.

1. Prior to the filing of a land use application, applicants shall submit a request to the Department for project guidance and shall subsequently request a preapplication conference with the Department as provided by subsections C.2 and C.3 of this section.

2. The applicant shall submit a request to the Department for a preapplication conference prior to filing a permit application for a Type 1 decision or building permit application involving any of the following:

3. Prior to filing a permit application requiring a Type 2, 3 or 4 decision, the applicant shall submit a request to the Department for a preapplication conference that shall be held prior to filing the application.

4. For the purposes of this section, “applicant” means the person(s) with actual or apparent authority to speak for and answer questions about the property or project on behalf of the applicant as defined in SMC 21.02.060.B.3.

5. Information presented at or required as a result of the preapplication conference shall be valid for a period of 180 days following the preapplication conference. An applicant wishing to submit a permit application more than 180 days following the preapplication conference for that permit must schedule and participate in another preapplication conference prior to submitting the permit application; however, the Director may waive this requirement if work and site conditions have not changed and the prior preapplication conference was adequate for the proposed development permit application.

1. The applicant for a subdivision, short subdivision, or conditional use permit shall conduct and attend a neighborhood meeting within the City limits to discuss the proposed development after the preapplication conference but prior to submission of the development proposal to the City, at a date and time which shall not be unreasonable. The purpose of the meeting shall be to receive neighborhood input and suggestions prior to submission of the application, and an opportunity for the applicant to amend the proposal to address neighborhood feedback as appropriate. The materials presented at a neighborhood meeting shall include detailed site and construction plans at a level of adequacy for permit submittal. For the purposes of this subsection, “applicant” means the person(s) with actual or apparent authority to speak for and answer questions about the property or project on behalf of the applicant as defined in SMC 21.02.060.B.3.

2. At least 14 days prior to the neighborhood meeting, the applicant shall give notice of the date, time, and location of the meeting to the Department of Community Development and to all persons who would be entitled to receive notice of the proposed plat application, short subdivision application or conditional use permit application under the requirements of the Sammamish Municipal Code.

3. The notice shall be on a form provided by the Community Development Director and shall briefly describe the proposal and its location and shall include the name, address, and telephone number of the applicant or a representative of the applicant who may be contacted for additional information about the proposal.

4. Within 30 days following the neighborhood meeting, the applicant shall provide to the Community Development Director, and to all attendees who signed in at the meeting, documentation of the meeting as follows:

5. Complete applications must be received by the City within 90 days of the neighborhood meeting. If an application is not submitted in this time frame, or if the materials submitted with the application do not substantially conform to the materials provided at the meeting, the applicant shall be required to hold a new neighborhood meeting.

1. The City shall not commence review of any application set forth in this chapter until the applicant has submitted the materials and fees specified for complete applications. The Director shall maintain a policy in the fee schedule resolution for the process and standard on permit fee refunds that is available to the public. Applications for land use permits requiring Type 1, 2, 3, or 4 decisions shall be considered complete as of the date the Department deems it complete. The Director shall also maintain a list of application materials by project type that may be required to verify compliance. Except as provided in subsection F.2 of this section, all land use permit applications described in subsection B of this section shall include the following:

A permit application is complete for purposes of this section when it meets the procedural submission requirements of the Department and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the Department from requesting additional information or studies either at the time of notice of completeness or subsequently if new or additional information is required or substantial changes in the proposed action occur, as determined by the Department.

2. Additional complete application requirements apply for the following land use permits:

3. The Director may specify the requirements of the site plan required to be submitted for various permits.

4. The applicant shall attest by written oath to the accuracy of all information submitted for an application.

5. Applications shall be accompanied by the payment of the applicable filing fees, if any, as set forth by resolution.

6. The Director may waive applicable fees for projects where the fee may be a barrier to activities that have a clear public benefit such as the removal of invasive species, the restoration of critical areas, landscape maintenance, and other similar activities.

1. Within 28 days following receipt of a land use permit application, the Department shall mail or provide written notice to the applicant that the application is either complete or incomplete. If the application is incomplete, the notice shall state with specificity what is necessary to make the application complete. To the extent known by the Department, the notice shall identify other agencies of local, state, regional, or federal governments that may have jurisdiction over some aspects of the development proposal.

2. An application shall be deemed complete under this section if the Department does not provide written notice to the applicant that the application is incomplete within the 28-day period as provided herein.

3. If the application is incomplete and the applicant submits the additional information requested by the Department, the Department shall notify the applicant in writing within 14 days whether the application is complete or what additional information specified by the Department as provided in subsection G.1 of this section is necessary to make the application complete. An application shall be deemed complete if the Department fails to provide written notice to the applicant within the 14-day period that the application is incomplete.

4. The date an application is deemed complete is the date of receipt by the Department of all of the information necessary to make the application complete as provided in this chapter. The Department’s issuance of a notice of complete application as provided in subsection G.1 or G.3 of this section, or the failure of the Department to provide such a notice as provided in subsection G.2 or G.3 of this section, shall cause an application to be conclusively deemed to be complete and vested as provided in this chapter.

5. The Department may cancel an incomplete application if the applicant fails to submit the additional information required by this chapter within 90 days following notification from the Department that the application is incomplete. For applications deemed incomplete, the applicant shall provide required submittal items necessary within 90 days of initial letter of incompleteness; otherwise, the application will be cancelled.

1. A notice of application shall be provided to the public for all land use permit applications requiring Type 2, 3 or 4 decisions.

2. Notice of the application shall be provided by the Department within 14 days following the Department’s determination that the application is complete. A public comment period of at least 21 days shall be provided, except as otherwise provided in Chapter 90.58 RCW.

3. If the Director has made a determination of significance (DS) under Chapter 43.21 RCW prior to the issuance of the notice of application, the notice of the DS shall be combined with the notice of application and the scoping notice.

4. All required notices of application shall contain the following information:

5. Notice shall be provided in the following manner:

6. Posted notice for a proposal shall consist of one or more notice boards posted by the applicant within 14 days following the Department’s determination of completeness as follows:

7. Mailed notice for a proposal shall be sent by the Department within 14 days after the Department’s determination of completeness:

8. Notice of a proposed action shall be published by the Department within 14 days after the Department’s determination of completeness on the City’s official website.

9. Posted Notice for Site Work. Posted notice for approved site work related to subdivisions, short subdivisions, and site development permits shall be a condition of the permit approval and shall consist of a single notice board posted by the applicant at the project site, prior to construction, as follows:

1. Applications for Type 1, 2, 3 and 4 land use decisions, except those that seek variance from or exception to land use regulations and substantive and procedural SEPA decisions, shall be considered under the zoning and other land use control ordinances in effect on the date a complete application is filed meeting all of the requirements of this chapter. The Department’s issuance of a notice of complete application as provided in this chapter, or the failure of the Department to provide such a notice as provided in this chapter, shall cause an application to be conclusively deemed to be vested as provided herein.

2. Supplemental information required after vesting of a complete application shall not affect the validity of the vesting for such application.

3. Vesting of an application does not vest any subsequently required permits, nor does it affect the requirements for vesting of subsequent permits or approvals.

1. Modifications required by the City to a pending application shall not be deemed a new application, unless the modifications result in a different type of land use decision.

2. An applicant-requested modification occurring either before or after issuance of the permit shall be deemed a new application when such modification would result in a substantial change in a project’s review requirements, as determined by the Department.

3. A change to any of the following shall constitute a substantial change and require a new application unless waived by the Director. Percentages indicate the degree of change that requires a new application and where no percentages are listed any change requires a new application:

4. A change to any of the following shall not constitute a substantial change; however, shall require a re-notice of updated application and opening of additional comment period, unless waived by the Director:

1. Purpose and Intent. The Federal Fair Housing Act (FFHA) requires that reasonable accommodations be made in rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling. The Community Development Director is therefore authorized to make accommodations in the provisions of this code as applied to dwellings occupied or to be occupied by persons with disabilities as defined in the Federal Fair Housing Act, when the Director determines that such accommodations reasonably may be necessary in order to comply with such Act.

2. Applicability. The Director may grant reasonable accommodation to individuals with disabilities as defined by the Fair Housing Amendments Act (FHAA), 42 U.S.C. 3602(h), or the Washington Law Against Discrimination (WLAD), Chapter 49.60 RCW.

3. Procedure. If modification of a standard or regulation in the Sammamish Municipal Code is sought, the Director shall make a written determination within 45 days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the following:

1. The Department shall provide notice in a timely manner of its final decision or recommendation on permits requiring Type 2, 3 and 4 land use decisions, and, if any, the dates for any public hearings, and the procedures for administrative appeals, if any. Notice shall be provided to the applicant, to the Department of Ecology, and to agencies with jurisdiction if required by SMC 21.09.030, to the Department of Ecology and Attorney General as provided in Chapter 90.58 RCW, and to any person who, prior to the decision or recommendation, had requested notice of the decision or recommendation or submitted comments. The notice shall also be provided to the public as provided in subsection H of this section.

2. Except for shoreline permits that are appealable to the State Shorelines Hearings Board, all notices of appeal to the Hearing Examiner of Type 2 land use decisions made by the Director shall be filed within 14 calendar days from the date of issuance of the notice of decision as provided in subsection H of this section.

3. Appeals of Type 2 applications shall only be submitted by the project applicant or any person who submitted written comments prior to the date of decision. The appellant must include a written statement that includes:

4. The appeal must be submitted on a form provided by the Director and must include payment of appeal fee as set forth in the Fee Schedule in order to be accepted as a valid appeal.

1. Final decisions by the City on all permits and approvals subject to the procedures of this chapter should be issued as indicated in the table below:

The following shall be excluded from the aforementioned periods:

2. The time limits established in this section shall not apply if a proposed development:

3. Permits or approvals subject to the procedures of this chapter shall be denied if the applicant is unable to present satisfactory proof of ownership of the property or development site as required by subsection F.1.o of this section. (Ord. O2024-569 § 2 (Att. A); Ord. O2021-540 § 2 (Att. A))

1. The need to separate the application of regulatory controls to the land from planning;

2. The need to better protect and promote the interests of the public and private elements of the community;

3. The need to expand the principles of fairness and due process in public hearings.

1. The examiner shall receive and examine available information, conduct open record public hearings, prepare records and reports thereof, and issue final decisions, including findings and conclusions, based on the issues and evidence in the record, which shall be appealable to superior court as provided by SMC 21.09.020.U, in the following cases:

2. The examiner’s decision may be to grant or deny the application or appeal, or the examiner may grant the application or appeal with such conditions, modifications, and restrictions as the examiner finds necessary to make the application or appeal compatible with the environment and carry out applicable state laws and regulations, including Chapter 43.21C RCW and the regulations, policies, objectives, and goals of the interim comprehensive plan or neighborhood plans, the development code, the subdivision code, and other official laws, policies and objectives of the City of Sammamish.

1. Except as otherwise provided herein, all appeals to the examiner shall be filed with the City department issuing the original decision with a copy provided by the department to the hearing examiner. Except as otherwise provided herein, an appeal, together with the required appeal fee, shall be filed within 21 calendar days from the date of issuance of such decisions.

2. Department staff shall:

1. Hearings shall be scheduled by the examiner to ensure that final decisions are issued within the time periods provided in SMC 21.09.010.M. During periods of time when the volume of permit activity is high, the City shall retain one or more pro tem examiners to ensure that the 120-day time period for final decisions is met.

2. Appeals shall be processed by the examiner as expeditiously as possible, giving appropriate consideration to the procedural due process rights of the parties. Unless a longer period is agreed to by the parties, or the examiner determines that the size and scope of the project is so compelling that a longer period is required, a prehearing conference or a public hearing shall occur within 45 days from the date the office of the hearing examiner is notified that a complete statement of appeal has been filed. In such cases where the examiner has determined that the size and scope warrant such an extension, the reason for the deferral shall be stated in the examiner’s recommendation or decision. The time period may be extended by the examiner at the examiner’s discretion for not more than 30 days.

1. When it is found that an application meets the filing requirements of the responsible City department, it shall be accepted and a date assigned for public hearing.

2. When it is found that an appeal meets the filing requirements of the responsible City department, it shall be accepted and a date assigned for an appeal hearing.

1. A prehearing conference may be called by the examiner pursuant to this chapter upon the request of a party or on the examiner’s own motion. A prehearing conference shall be held in every appeal brought pursuant to this chapter if timely requested by any party. The prehearing conference shall be held at such time as ordered by the examiner, but not less than 14 days prior to the scheduled hearing on not less than seven days’ notice to those who are then parties of record to the proceeding. The purpose of a prehearing conference shall be to identify, to the extent possible, the facts in dispute, issues, laws, parties, and witnesses in the case. In addition the prehearing conference is intended to establish a timeline for the presentation of the case. The examiner shall establish rules for the conduct of prehearing conferences.

2. Any party who does not attend the prehearing conference, or anyone who becomes a party of record after notice of the prehearing conference has been sent to the parties, shall nevertheless be entitled to present testimony and evidence to the examiner at the hearing.

1. Notice of the time and place of any hearing on an application before the hearing examiner set pursuant to this chapter shall be provided in the following manner:

The hearing notice required by this section may be combined with the notice of decision or recommendation required by SMC 21.09.010.L, as applicable.

2. Notice of the time and place of any appeal hearing before the hearing examiner pursuant to this chapter shall be mailed to all parties of record by first class mail at least 30 calendar days prior to the scheduled hearing date.

3. If testimony cannot be completed prior to adjournment on the date set for a public hearing or appeal hearing, the examiner shall announce prior to adjournment the time and place said hearing will be continued. A matter should be heard, to the extent practicable, on consecutive days until it is concluded.

1. The examiner shall adopt rules for the conduct of hearings and for any mediation process consistent with this chapter. The rules shall be reviewed by the City council, and remain in effect during this review. Any modifications made by the council by motion shall be incorporated by the hearing examiner, and shall become effective 10 days after adoption of the motion. Such rules shall be published and available upon request to all interested parties. The examiner shall have the power to issue summons and subpoena to compel the appearance of witnesses and production of documents and materials, to order discovery, to administer oaths, and to preserve order.

2. To avoid unnecessary delay and to promote efficiency of the hearing process, the examiner shall limit testimony, including cross examination, to that which is relevant to the matter being heard, in light of adopted City policies and regulations, and shall exclude evidence and cross examination that is irrelevant, cumulative or unduly repetitious. The examiner may establish reasonable time limits for the presentation of direct oral testimony, cross examination, and argument. Any written submittals will be admitted only when authorized by the examiner under pertinent and promulgated administrative rules.

1. Examiner findings. When the examiner renders a decision or recommendation, he or she shall make and enter findings of fact and conclusions from the record that support the decision, said findings and conclusions shall set forth and demonstrate the manner in which the decision or recommendation is consistent with, carries out, and helps implement applicable state laws and regulations and the regulations, policies, objectives, and goals of the interim comprehensive plan, the development code, and other official laws, policies, and objectives of the City of Sammamish, and that the recommendation or decision will not be unreasonably incompatible with or detrimental to affected properties and the general public.

2. Additional examiner findings – Reclassifications. When the examiner issues a decision regarding an application for a reclassification of property or for a shoreline environment redesignation, the decision shall include additional findings that support the conclusion that at least one of the following circumstances applies:

3. Additional examiner findings – Preliminary plats. When the examiner makes a decision regarding an application for a proposed preliminary plat, the decision shall include additional findings as to whether:

4. Additional examiner findings and recommendations – School capacities. Whenever the examiner in the course of conducting hearings or reviewing preliminary plat applications or actualization of potential multifamily zoning, receives documentation that the public schools in the district where the development is proposed would not meet the standards set out in SMC 21.06.040 if the development were approved, the examiner shall remand to the department to require or recommend phasing or provision of the needed facilities and sites as appropriate to address the deficiency, or deny the proposal if required by the provisions of this chapter. The examiner shall prepare findings to document the facts that support the action taken. The examiner shall recommend such phasing as may be necessary to coordinate the development of the housing with the provision of sufficient school facilities, or in the alternative shall require the provision of the needed facilities. An offer of payment of a school impact fee as required by ordinance shall not be a substitute for such phasing, but the fee is still assessable. The examiner shall recommend a payment schedule for the fee to coordinate the payment with the phasing of an impact mitigation fee if such provision or payment is satisfactory to the district. The examiner must determine independently that the conditions of approval and assessable fees will provide for adequate schools.

5. Written recommendation or decision.

1. Decisions of the examiner in cases identified in SMC 21.09.020.G shall be a final and conclusive action unless within 21 calendar days from the date of issuance of the examiner’s decision an aggrieved person files an appeal in superior court, state of Washington, for the purpose of review of the action taken; provided, no development or related action may occur during the 21-day appeal period; provided further, that the 21-day appeal period from examiner decisions on appeals of threshold determinations or the adequacy of a final EIS shall not commence until final action on the underlying proposal.

2. Prior to filing an appeal of a final decision for a conditional use permit or special use permit, requested by a party that is licensed or certified by the Washington State Department of Social and Health Services or the Washington State Department of Corrections, an aggrieved party (other than a county, city or town) must comply with the mediation requirements of Chapter 35.63 RCW (Chapter 119, Laws of 1998). The time limits for appealing a final decision are tolled during the mediation process.

1. Any final action by the hearing examiner may be reconsidered by the examiner, if:

2. The examiner shall reconsider a final decision pursuant to the rules of the hearing examiner.

3. Authority of the examiner to reconsider does not affect the finality of a decision when made.

1. The department shall serve as the lead agency and the director shall serve as the responsible official for all SEPA activity by the City of Sammamish.

1. Pursuant to WAC 197-11-0554., the department shall adopt rules and regulations pursuant to Chapter 2.55 SMC establishing a process for environmental review at the conceptual stage of permit applications that require detailed project plans and specifications (i.e., building permits and PUDs). This process shall not become effective until it has been reviewed by the council.

2. The optional provision of WAC 197-11-0603.c. is adopted.

3. Under WAC 197-11-100, the applicant shall prepare the initial environmental checklist, unless the lead agency specifically elects to prepare the checklist. The lead agency shall make a reasonable effort to verify the information in the environmental checklist and shall have the authority to determine the final content of the environmental checklist.

4. The director may set reasonable deadlines for the submittal of information, studies, or documents necessary for, or subsequent to, threshold determinations. Failure to meet such deadlines shall cause the application to be deemed withdrawn, and plans or other data previously submitted for review may be returned to the applicant together with any unexpended portion of the application review fees.

1. The City of Sammamish adopts the standards and procedures specified in WAC 197-11-300 through 197-11-390 and 197-11-800 through 197-11-890 for determining categorical exemptions and making threshold determinations subject to the following:

2. The mitigated DNS provision of WAC 197-11-350 shall be enforced as follows:

1. Pursuant to WAC 197-11-4082.a., all comments on determinations of significance and scoping notices shall be in writing, except where a public meeting on EIS scoping occurs pursuant to WAC 197-11-4101.b.

2. Pursuant to WAC 197-11-420, 197-11-620, and 197-11-625, the department shall be responsible for preparation and content of EISs and other environmental documents. The department shall contract with consultants as necessary for the preparation of environmental documents. The department may consider the opinion of the applicant regarding the qualifications of the consultant but the department shall retain sole authority for selecting persons or firms to author, co-author, provide special services, or otherwise participate in the preparation of required environmental documents.

3. Consultants or subconsultants selected by the City to prepare environmental documents for a private development proposal shall not: act as agents for the applicant in preparation or acquisition of associated underlying permits; have a financial interest in the proposal for which the environmental document is being prepared; perform any work or provide any services for the applicant in connection with or related to the proposal.

4. The department may establish and maintain one or more lists of qualified consultants who are eligible to receive contracts for preparation of environmental documents. Separate lists may be maintained to reflect specialized qualifications or expertise. When the department requires consultant services to prepare environmental documents, the department shall select a consultant from the lists and negotiate a contract for such services. Pursuant to Chapter 2.55 SMC, the department shall promulgate administrative rules that establish processes to: create and maintain a qualified consultant list; select consultants from the list; remove consultants from the list; provide a method by which applicants may request a reconsideration of selected consultants based upon costs, qualifications, or timely production of the environmental document; and waive the consultant selection requirements of this chapter.

5. All costs of preparing the environmental document shall be borne by the applicant. Pursuant to Chapter 2.55 SMC, the department may promulgate administrative rules that establish a deposit mechanism for consultant payment purposes, define consultant payment schedules, prescribe procedures for treating interest from deposited funds, and develop other procedures necessary to implement this chapter.

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

7. The department shall only publish an environmental impact statement (EIS) when it believes that the EIS adequately discloses: the significant direct, indirect, and cumulative adverse impacts of the proposal and its alternatives; mitigation measures proposed and committed to by the applicant, and their effectiveness in significantly mitigating impacts; mitigation measures that could be implemented or required; and unavoidable significant adverse impacts. Unless otherwise agreed to by the applicant, a final environmental impact statement shall be issued by the department within 270 days following the issuance of a DS for the proposal, except for public projects and nonproject actions, unless the department determines at the time of issuance of the DS that a longer time period will be required because of the extraordinary size of the proposal or the scope of the environmental impacts resulting therefrom; provided, that the additional time shall not exceed 90 days unless agreed to by the applicant.

8. The following periods shall be excluded from the 270-day time period for issuing a final environmental impact statement:

1. The procedures and standards of WAC 197-11-500 through 197-11-570 are adopted regarding public notice and comments.

2. For purposes of WAC 197-11-510, public notice shall be required as provided in this title. Publication of notice in a newspaper of general circulation in the area where the proposal is located also shall be required for all nonproject actions and for all other proposals that are subject to the provisions of this chapter but are not classified as land use permit decisions in this Title.

3. The responsible official may require further notice if deemed necessary to provide adequate public notice of a pending action. Failure to require further or alternative notice shall not be a violation of any notice procedure.

1. The procedures and standards of WAC 197-11-650 through 197-11-660 regarding substantive authority and mitigation, and WAC 197-11-158, regarding reliance on existing plans, laws and regulations, are adopted.

2. For the purposes of RCW 43.21C.060 and WAC 197-11-660a., the following policies, plans, rules and regulations, and all amendments thereto, are designated as potential bases for the exercise of the City of Sammamish’s substantive authority under SEPA, subject to the provisions of RCW 43.21C.240 and subsection 3. of this section:

3. Substantive SEPA authority to condition or deny new development proposals or other actions shall be used only in cases where specific adverse environmental impacts are not addressed by regulations as set forth below, or unusual circumstances exist. In cases where the City has adopted the following regulations to systematically avoid or mitigate adverse impacts (SMC 21.04.030, Development Standards – Density and Dimensions; SMC 21.07.060, Development Standards – Design Requirements; SMC 21.06.020, Design Standards – Landscaping and Irrigation; SMC 21.06.030, Development Standards – Parking and Circulation; SMC 21.06.050, Development Standards – Signs; SMC 21.03.020, Environmentally Sensitive Areas; SMC 21.06.060, Wireless Communication Facilities; SMC 21.06.040, Development Standards – Adequacy of Public Facilities and Services), those standards and regulations will normally constitute adequate mitigation of the impacts of new development. Unusual circumstances related to a site or to a proposal, as well as environmental impacts not mitigated by the foregoing regulations, will be subject to site-specific or project-specific SEPA mitigation.

4. Any decision to approve, deny, or approve with conditions pursuant to RCW 43.21C.060 shall be contained in the responsible official’s decision document. The written decision shall contain facts and conclusions based on the proposal’s specific adverse environmental impacts (or lack thereof) as identified in an environmental checklist, EIS, threshold determination, other environmental document including a department’s staff report and recommendation to a decision maker, or findings made pursuant to a public hearing authorized or required by law or ordinance. The decision document shall state the specific plan, policy or regulation that supports the SEPA decision and, if mitigation beyond existing development regulations is required, the specific adverse environmental impacts and the reasons why additional mitigation is needed to comply with SEPA.

5. This chapter shall not be construed as a limitation on the authority of the City to approve, deny, or condition a proposal for reasons based upon other statutes, ordinances, or regulations.

1. Appeals of threshold determinations or the adequacy of a final EIS are procedural SEPA appeals that are conducted by the hearing examiner pursuant to the provisions of SMC 21.09.020.G, subject to the following:

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

3. Administrative appeals of decisions to condition or deny applications pursuant to RCW 43.21C.060 shall be consolidated in all cases with administrative appeals, if any, on the merits of a proposal.

4. Notwithstanding the provisions of subsections 1. through 3. of this section, the department may adopt procedures under which an administrative appeal shall not be provided if the director finds that consideration of an appeal would be likely to cause the department to violate a compliance, enforcement, or other specific mandatory order or specific legal obligation. The director’s determination shall be included in the notice of the SEPA determination, and the director shall provide a written summary upon which the determination is based within five days of receiving a written request. Because there would be no administrative appeal in such situations, review may be sought before a court of competent jurisdiction under RCW 43.21C.075 and applicable regulations, in connection with an appeal of the underlying governmental action.

1. The department may prepare rules and regulations pursuant to Chapter 2.55 SMC for the implementation of SEPA, Chapter 197-11 WAC, and this chapter.

2. The rules and regulations prepared by the department shall not become effective until approved by council motion. (Ord. O2021-540 § 2 (Att. A))

1. Purpose. Mediation is an entirely voluntary process by which two or more parties and/or interested persons, with the assistance of an impartial person (the mediator), attempt to reach a full or partial agreement on a disputed matter. Persons participate in the mediation process only if, and only to the extent, they choose to do so. A participant is bound by the outcome of the mediation process only if that person, or his or her duly authorized representative, approves the mediated agreement (see SMC 21.09.040.P).

In appropriate cases, mediation may assist in the resolution of land use issues at a substantial savings in time and money to the parties, interested persons, the City of Sammamish, and the general public. Mediation is also available as an alternative to a formal appeal hearing to resolve other disputes between individuals and the City of Sammamish.

2. Interpretation. These rules shall be interpreted to facilitate and encourage use of the mediation process at the earliest practical time following the identification of a conflict or dispute that the affected parties or persons are unable to resolve through direct negotiation.

1. As to any application for a land use permit or an appeal of a land use action that is or could become the subject of a public hearing, the responsible City official, the City council, or the community development director may at their own discretion or at the request of any party or interested person request mediation (see SMC 21.09.040.E). Mediation shall occur only when it is requested or accepted by at least one party and by one additional party or interested person with an opposing position. When the issue proposed for mediation involves the disposition or other action to be taken on an application, mediation shall occur only if the affected applicant agrees to be a participant in the mediation process.

2. Any objection to an inconsistency between a mediation proposed to be conducted pursuant to these rules and a procedural requirement of the Sammamish Municipal Code shall be raised with the community development director within 10 calendar days of the receipt of information that would apprise a reasonable person of such inconsistency. Objections not raised within 10 calendar days shall be deemed waived.

1. Request.

2. Response to Request for Mediation.

1. A party to the mediation shall be present in person or represented by a person or persons who have the requisite authority to enter into an agreement that implements or binds the party to the results of the mediation. A request to mediate, or acceptance of such request, shall constitute an agreement to attend in person or be represented at the mediation by an individual or individuals who shall possess the authority to enter into a binding agreement with respect to any matters within the scope of the issues agreed to be mediated.

2. Parties to a mediation may participate directly or through a designated representative. Two or more parties or interested persons who share substantially similar interests or concerns with respect to the matter being mediated may participate through a single representative designated or approved by them unless the mediator determines that individual participation will facilitate the making of a mediated agreement.

1. As a Matter of Right. Mediation is available as a matter of right upon agreement by all parties to the proceeding to address through mediation all issues in dispute. Mediation shall also be approved as a matter of right upon agreement by all parties to mediate any one or more (but not all) issues in dispute; provided, that the agreement to engage in mediation is executed and filed with the community development director 14 or more days prior to the scheduled opening of the hearing.

2. At the Community Development Director’s Discretion. Mediation may be approved by the community development director if any party, and any one or more other parties or interested persons with an opposing position, agree to mediate any substantial issue in dispute. In acting upon a request to approve a partial mediation, the community development director shall consider, to the extent applicable, the following factors:

1. Selection by the Parties. A mediator shall be selected by the parties to the mediation.

2. List of Available Mediators. Solely as a convenience to the public at large, the community development director will maintain a list of mediators who appear to be qualified by training or experience to conduct mediation of matters that are within the jurisdiction of the hearing examiner. Any person who desires to be on the list shall submit a resume or other statement of qualifications to the community development director. Inclusion of a person on the list of mediators maintained by the community development director shall not constitute a warranty or representation by the City of Sammamish that such person is in fact qualified to conduct mediation in a particular proceeding or type of proceeding. The parties to the mediation shall be the sole judges of the qualifications of the person whom they select as a mediator, whether that person is or is not on the list maintained by the community development director.

The approval of the person selected as a mediator by the community development director is not required. In no event, however, shall a current employee of the City of Sammamish or any person who is currently or contemporaneously acting as an agent or contractor for the City be designated as a mediator.

1. Notice to Parties to the Mediation. It is the responsibility of the parties to the mediation and the mediator to assure that all parties to the mediation and the community development director have reasonable notice of the time and place of the mediation session.

2. Notice to All Other Parties and Interested Persons. Upon receipt of notice by the community development director that a mediator has been selected and of the time and place set for the mediation session, the community development director shall give notice to all other parties and known interested persons, if any, that a mediation session has been scheduled. The notice by the community development director shall give the names of the parties to the mediation.

3. Notice of Outcome. At the conclusion of the mediation, the community development director shall give notice to all parties and known interested persons of the outcome of the mediation.

1. The mediator shall have the authority to:

2. Resolutions to the matters in controversy may be proposed by the mediator, but no decision may be imposed by the mediator on participants.

1. Unless otherwise determined by the mediator, the order of proceedings at the mediation shall be:

2. The foregoing order of proceedings may be modified at any time by agreement of the parties or order of the mediator.

1. Execution and Notice. All agreements resulting from mediation shall be reduced to writing by the mediator and signed by the persons who have agreed thereto or their authorized representatives. Fully executed copies shall be filed by the mediator with the responsible City official and the community development director.

2. Effect of Agreement.

1. Site development requirements specified prior to building and/or grading permit applications.

2. Site review and application of rules and regulations generally applied to the whole site without regard to existing or proposed internal lot lines.

3. Site development coordination and project phasing occurring over a period of years.

4. Evaluation of commercially zoned property for the creation or alteration of lots when reviewed concurrently with a binding site plan application.

1. An application for commercial site development permit may be submitted for commercial development projects on sites consisting of one or more contiguous lots legally created and zoned to permit the proposed uses.

1. An application for commercial site development permit shall be reviewed pursuant to Chapter 43.21C RCW, SEPA, as implemented by Chapter 197-11 WAC; Chapter 9.04 KCC as adopted by SMC 21.03.050, Surface Water Management; SMC 21.08.010, Public Works Standards Adopted; Chapter 16.15 SMC, Clearing and Grading; Chapter 16.05 SMC, Construction Codes; SMC 21.09.030, State Environmental Policy Act Procedures; SMC Title 21, Sammamish Development Code; SMC Title 25, Shoreline Management; administrative rules adopted pursuant to Chapter 2.55 SMC to implement any such code or ordinance provision; King County board of health rules and regulations; and City approved utility comprehensive plans.

2. Lot-based standards, such as internal circulation, landscaping signage and setback requirements, are typically applied to each individual lot within the site. However, the director may approve an application for commercial site development where such standards have been applied to the site as if it consisted of one parcel. Lot-based regulations shall not be waived altogether.

3. The director may modify lot-based or lot line requirements contained within the building, fire and other similar uniform codes adopted by the City, provided the site is being reviewed concurrently with a binding site plan application.

1. The director may approve, deny, or approve with conditions an application for a commercial site development. The decision shall be based on the following factors:

2. Subsequent permits for the subject site shall be issued only in compliance with the approved commercial site development permit. Additional site development conditions and site review will not be required for subsequent permits provided the approved plan is not altered.

3. Approval of the proposed commercial site development shall not provide the applicant with a vested right to build without regard to subsequent changes in the building and fire codes listed in Chapter 16.05 SMC.

4. The director shall mail a copy of the decision to the applicant and any other person who has presented written comment to the department.

1. A commercial site development permit may be approved with project phasing and other project-specific conditions to mitigate impacts on the environment or on public facilities and services including transportation, utilities, drainage, police and fire protection, schools, and parks. Project phasing shall mean a phasing plan designed to address impacts on the environment or on public facilities and services as those impacts become relevant in the project.

2. A commercial site development permit approved with a phasing plan shall be null and void if the applicant fails to meet the conditions and time schedules specified in the approved phasing plan.

3. A commercial site development permit approved without a phasing plan shall be null and void if the applicant fails to file a complete building permit application(s) for all buildings within three years of the approval date, or by a date specified by the director, and fails to have all valid building permits issued within four years of the commercial site development permit approval date.

1. Increase the building floor area by more than 10 percent;

2. Increase the number of dwelling units;

3. Increase the total impervious surface area; provided, that relocatable facilities for schools shall be exempt from this restriction;

4. Result in an insufficient amount of parking and/or loading;

5. Locate buildings outside an approved building envelope; provided, that relocatable facilities for schools shall be exempt from this restriction;

6. Change the number of ingress and egress points to the site;

7. Significantly increase the traffic impacts of a.m. or p.m. peak-hour trips to and from the site;

8. Significantly increase the quantity of imported or exported materials or increase the area of site disturbance.

1. The examiner shall have authority to hold public hearings and make decisions and recommendations on reclassifications, subdivisions and other development proposals, and appeals, as set forth in SMC 21.09.070.

2. The director shall have the authority to grant, condition or deny applications for variances and conditional use permits, unless a public hearing is required as set forth in SMC 21.09.070, in which case this authority shall be exercised by the hearing examiner.

3. The director shall have the authority to issue a written code interpretation in accordance with the review procedures contained within this chapter and SMC 21.09.070. The director shall issue such interpretations as he or she deems necessary, or upon the request of any person, in cases of any ambiguity, difference of meaning, unclear procedural requirements, or other unclear regulatory requirements of the SMC.

4. An interpretation related to a development proposal 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.

5. The department shall have authority to grant, condition, or deny commercial and residential building permits, grading and clearing permits, and temporary use permits in accordance with the procedures set forth in SMC 21.09.070.

6. Except for other agencies with authority to implement specific provisions of this Title, the department shall have the sole authority to issue official interpretations of this Title, pursuant to Chapter 2.55 SMC.

1. Decision Basis. In issuing an interpretation consistent with this chapter, the director may consider the following:

2. Content. Consistent with the requirements of SMC 21.09.070, the director shall provide facts, findings, and conclusions supporting the interpretation. At a minimum these shall include the following:

1. Building permits;

2. Grading permits; and

3. Temporary use permits.

1. The department shall provide posted and published notice pursuant to SMC 21.09.080 for temporary use permits.

2. Any written comments on applications subject to code compliance review shall be submitted within 15 days of the date of published notice or the posting date, whichever is later.

1. The department shall approve, approve with conditions, or deny permits based on compliance with this Title and any other development condition affecting the proposal.

2. Decisions on temporary use permits may be appealed to the hearing examiner.

3. Permits approved through code compliance review shall be effective for the time periods and subject to the terms set out as follows:

1. Decisions regarding the approval or denial of proposals subject to director review shall be based upon compliance with the required showings of SMC 21.09.100, or in the case of interpretations, based upon compliance with the requirements of Chapter 21.01 SMC.

2. The written decision contained in the record shall show:

3. The director shall mail a copy of the written decision to the applicant and to all parties of record.

4. Rules. The director shall adopt rules for the transaction of business and shall keep a public record of his or her actions, findings, waivers and determinations.

1. A person may submit written analysis and supporting documentation to assist the director in analyzing a code interpretation request.

2. The director may conduct research or investigation as the director deems necessary to resolve the issue presented in the code interpretation request and may refer the request to department staff and other City staff for review and analysis.

3. A code interpretation must be in writing, clearly labeled “Code Interpretation,” and describe the basis for the interpretation pursuant to SMC 21.01.090.

4. The director shall issue a code interpretation within 60 days after receiving the code interpretation request, unless the director determines that based on the unusual nature of the issue additional time is necessary to respond to the request. If the code interpretation request relates to a specific development proposal that is pending before the department of community development or relates to a code enforcement action that is subject to appeal, the code interpretation shall become final when the department of community development issues its final decision on the underlying development proposal for a Type 1 or 2 decision, the department makes its recommendation on a Type 3 or 4 decision or, based on the code interpretation, the department issues a notice and order, citation or stop work order under SMC Title 23. If the director determines that a code interpretation request does not relate to a specific development proposal that is currently pending before the City or to a code enforcement action, the code interpretation is final when issued by the director.

5. The director shall maintain a list of indexed code interpretations for public inspection.

6. The director shall mail copies of the code interpretation to the following:

7. When it is final, a code interpretation remains in effect until it is rescinded in writing by the director or it is modified or reversed on appeal by the hearing examiner, the City council or an adjudicatory body.

8. A code interpretation issued by the director governs all staff review and decisions unless withdrawn, or modified by the director or modified or reversed on appeal by the City hearing examiner, City council, or an adjudicatory body.

1. The decision of the director shall be final unless the applicant or an aggrieved party files an appeal to the hearing examiner pursuant to SMC 21.09.020.H.

2. The interpretation of the director shall be final except for any appeal allowed as follows:

3. The hearing examiner shall review and make decisions based upon information contained in the written appeal and the record.

4. The hearing examiner’s decision may affirm, modify, or reverse the decision of the director.

5. As provided by SMC 21.09.020.T.5.a and .b:

6. Establishment of any use or activity authorized pursuant to a conditional use permit, reasonable use exception, or variance shall occur within two years of the effective date of the decision for such permit or variance; provided, that for schools this period shall be five years. This period may be extended for up to 180 days by the director if the applicant has submitted the applications necessary to establish the use or activity and has provided written justification for the extension.

7. For the purpose of this section, “establishment” shall occur upon the issuance of all local permit(s) for on-site improvements needed to begin the authorized use or activity; provided, that the conditions or improvements required by such permits are completed within the time frames of said permits.

8. Once a use, activity or improvement allowed by a conditional use permit or variance has been established, it may continue as long as all conditions of permit issuance remain satisfied.

1. Notice requirements for combined review shall not be less than the greatest individual action requirement; and

2. No permit shall be approved without prior review and approval of any required variance.

1. Application documents;

2. Tape recorded verbatim records of required public hearing;

3. Written recommendations and decisions for proposed actions;

4. Ordinances showing final council actions;

5. Evidence of notice;

6. Written comments received; and

7. Material submitted as exhibits.

1. Any approved modification or expansion shall be recorded.

2. Modifications to building location and/or dimensions shall be reviewed pursuant to the code compliance process of SMC 21.09.070.C only when:

3. Modifications beyond those permitted in subsection 2. of this section and all expansions shall be subject to the approval of a conditional use permit.

1. The department may review and approve, pursuant to the code compliance process of SMC 21.09.070.C, an expansion of a use or development authorized by an existing conditional use, special use or unclassified use permit provided that:

2. A conditional use permit shall be required for expansions within a use or development authorized by an existing conditional use permit if the expansions are not consistent with the provisions of subsection 1. of this section.

3. A special use permit shall be required for expansions within a use or development authorized by an existing special use or unclassified use permit, if the expansions to either permit are not consistent with the provisions of subsection 1. of this section.

4. This section shall not apply to modifications or expansions of telecommunication facilities, the provisions for which are set forth in SMC 21.06.060.I.6 or to modifications or expansions of nonconformances, the provisions for which are set forth in SMC 21.09.130.F. (Ord. O2021-540 § 2 (Att. A))

1. Ensuring that adequate public school facilities and improvements are available to serve new development;

2. Establishing standards whereby new development pays a share of the cost for public school facilities needed to serve such new development;

3. Ensuring that school impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact; and

4. Providing needed funding for growth-related school improvements to meet the future growth needs of the City of Sammamish.

1. Impact fees will be assessed on every new single-family and multi-family unit in the district for which a fee schedule has been established.

2. Impact fees will be imposed on a district-by-district basis, on behalf of any school district that provides to the City a capital facilities plan, the district’s standards of service for the various grade spans, estimates of the cost of providing needed facilities and other capital improvements, and the data from the district called for by the formula in SMC 21.09.090.D. The actual fee schedule for the district will be adopted by ordinance based on this information and the fee calculation set out for SMC 21.09.090.D. Any impact fee imposed shall be reasonably related to the impact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. The impact fee formula shall account in the fee calculation for future revenues the district will receive from the development. The ordinance adopting the fee schedule shall specify under what circumstances the fee may be adjusted in the interests of fairness.

3. The impact fee shall be based on a capital facilities plan developed by the district and approved by the school board, and adopted by reference by the City of Sammamish as part of the capital facilities element of the Comprehensive Plan for the purpose of establishing the fee program.

1. The fee for each district shall be calculated based on the formula set out in SMC 21.09.090.J.

2. Separate fees shall be calculated for single-family and multifamily residential units and separate student generation rates must be determined by the district for each type of residential unit. For purposes of this chapter single-family units shall mean single detached dwelling units, and multifamily units shall mean townhouses and apartments.

3. The fee shall be calculated on a district-by-district basis using the appropriate factors and data to be supplied by the district, as indicated in SMC 21.09.090.J. The fee calculations shall be made on a district-wide basis to assure maximum utilization of all school facilities in the district used currently or within the last two years for instructional purposes.

4. The formula in SMC 21.09.090.J also provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issues in the school district.

5. The formula in SMC 21.09.090.J also provides for a credit for school facilities or sites actually provided by a developer that the school district finds to be acceptable.

1. In school districts where impact fees have been adopted by City ordinance and except as provided in this section, the City shall collect impact fees, based on the schedules set forth in each ordinance establishing the fee to be collected for the district, from any applicant seeking development approval from the City where such development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile home permit and the fee for the lot or unit has not been previously paid. No approval shall be granted and no permit shall be issued until the required school impact fees set forth in the district’s impact fee schedule have been paid, unless a deferral has been granted pursuant to SMC 21.08.050.

2. Except as provided in SMC 21.08.050.C, impact fees shall be assessed and collected, at the option of the applicant, either:

which option shall be declared at the time of final plat (for platted development) or building permit application (for nonplatted development) in writing on a form or forms provided by the City.

3. For existing lots or lots not covered by subsection 2. of this section, application for single-family and multifamily residential building permits, mobile home permits, and site plan approval for mobile home parks, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the impact fee schedules in effect at the time of permit application.

4. Any application for preliminary plat or PUD approval or multifamily zoning that has been approved subject to conditions requiring the payment of impact fees established pursuant to this chapter shall be required to pay the fee in accordance with the condition of approval.

5. Applicants for single-family attached or single-family detached residential construction may request deferral of all impact fees due under this chapter in accordance with the provisions of SMC 21.08.050.

1. The following are excluded from the application of the impact fees:

2. Arrangement may be made for later payment with the approval of the school district only if the district determines that it will be unable to use or will not need the payment until a later time; provided, that sufficient security, as defined by the district, is provided to assure payment. Security shall be made to and held by the school district, which will be responsible for tracking and documenting the security interest.

3. The fee amount established in the schedule shall be reduced by the amount of any payment previously made for the lot or development activity in question, either as a condition of approval or pursuant to a voluntary agreement with a school district entered into after the effective date of a school district’s fee implementing ordinance.

4. After the effective date of a school district’s fee implementing ordinance, whenever a development is granted approval subject to a condition that the developer actually provide school sites, school facilities, or improvements to school facilities acceptable to the district, or whenever the developer has agreed, pursuant to the terms of a voluntary agreement with the school district, to provide land, provide school facilities, or make improvements to existing facilities, the developer shall be entitled to a credit for the value of the land or actual cost of construction against the fee that would be chargeable under the formula provided by this chapter. The land value or cost of construction shall be estimated at the time of approval, but must be documented. If construction costs are estimated, the documentation shall be confirmed after the construction is completed to assure that an accurate credit amount is provided. If the land value or construction costs are less than the calculated fee amount, the difference remaining shall be chargeable as a school impact fee.

5. Impact fees may be adjusted by the City, at the City’s discretion, if one of the following circumstances exist; provided, that the discount set forth in the fee formula fails to adjust for the error in the calculation or fails to ameliorate for the unfairness of the fee:

6. A developer may provide studies and data to demonstrate that any particular factor used by the district may not be appropriately applied to the development proposal, but the district’s data shall be presumed valid unless clearly demonstrated to be otherwise by the proponent.

7. Any appeal of the decision of the director or the hearing examiner with regard to imposition of an impact fee or fee amounts shall follow the appeal process for the underlying permit and not be subject to a separate appeal process. Where no other administrative appeal process is available, an appeal may be taken to the hearing examiner using the appeal procedures for variances. Any errors in the formula identified as a result of an appeal should be referred to the City council for possible modification.

8. Impact fees may be paid under protest in order to obtain a building permit or other approval of development activity, when an appeal is filed.

1. Low- or moderate-income housing projects being developed by public housing agencies or private nonprofit housing developers shall be exempt from the payment of school impact fees. The amount of the school impact fees not collected from low- or moderate-income household development shall be paid from public funds other than impact fee accounts. The impact fees for these units shall be considered paid for by the district through its other funding sources, without the district actually transferring funds from its other funding sources into the impact fee account. The department of community development shall review proposed developments of low- or moderate-income housing by such public or nonprofit developers pursuant to criteria and procedures adopted by administrative rule, and shall determine whether the project qualifies for the exemption.

2. Private developers who dedicate residential units for occupancy by low- or moderate-income households may apply to the department for reductions in school impact fees pursuant to the criteria established for public housing agencies and private nonprofit housing developers pursuant to subsection 1. of this section, and subject to the provisions of subsection 1. of this section. The department shall review proposed developments of low- or moderate-income housing by such private developers pursuant to criteria and procedures adopted by administrative rule, and shall determine whether the project qualifies for the exemption. If the department recommends the exemption, it shall reduce the calculated school impact fee for the development by an amount that is proportionate to the number of units in the development that satisfy the adopted criteria.

3. Individual low- or moderate-income home purchasers (as defined pursuant to the King County Comprehensive Housing Affordability Strategy (CHAS)) who are purchasing homes at prices within their eligibility limits based on standard lending criteria and meet other means tests established by rule are exempted from payment of the impact fee; provided, that at such time as the property in question is transferred to another owner who does not qualify for the exemption, at which time the fee shall be due and payable.

4. The department is hereby instructed and authorized to adopt, pursuant to Chapter 2.55 SMC, administrative rules to implement this section.

5. As a condition of receiving an exemption under subsection 2. or 3. of this section, the owner must execute and record a City-drafted lien, covenant, and/or other contractual provision against the property for a period of 10 years for individual owners, and 15 years for private developers, guaranteeing that the proposed development will continue to be used for low- or moderate-income housing. In the event that the pattern of development or the use of the development is no longer for low- or moderate-income housing, then the owner shall pay the impact fee amount from which the owner or any prior owner was exempt. The lien, covenant, or other contractual provision shall run with the land and apply to subsequent owners.

1. Impact fee receipts shall be earmarked specifically and retained in a special interest-bearing account established by the City solely for the district’s school impact fees. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection 2. of this section. Annually, the City shall prepare a report on each impact fee account showing the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees.

2. Impact fees for the district’s system improvements shall be expended by the district for capital improvements including but not limited to school planning, land acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, permitting, financing, and administrative expenses, relocatable facilities, capital equipment pertaining to educational facilities, and any other expenses that could be capitalized and that are consistent with the school district’s capital facilities plan.

3. In the event that bonds or similar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section.

4. Impact fees shall be expended or encumbered (i.e., committed as part of the funding for a facility for which the publicly funded share has been assured, or building permits applied for, or construction contracts let) by the district for a permissible use within six years of receipt by the City, unless there exists an extraordinary and compelling reason for fees to be held longer than six years. Such extraordinary or compelling reasons shall be identified to the City by the district. The City must prepare written findings concurring with the district’s reasons, and authorizing the later encumbrance or expenditure of the fees prior to the district so encumbering or expending the funds, or directing a refund of the fees.

5. The current owner of property on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six years of receipt of the funds by the City. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The City shall notify potential claimants by first class mail deposited with the United States Postal Service addressed to the owner of the property as shown in the county tax records.

6. An owner’s request for a refund must be submitted to the City council in writing within one year of the date the right to claim the refund arises or the date that notice is given, whichever date is later. Any impact fees that are not expended or encumbered within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees.

7. Should the City seek to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first class mail addressed to the owner of the property as shown in the county tax records. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the district, consistent with the provisions of this section. The notice requirement set forth above shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated.

8. A developer may request and shall receive a refund, including interest earned on the impact fees, when:

9. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the City or the district on invested funds throughout the period during which the fees were retained.

1. Student factors are to be provided by the school district based on district records of average actual student generation rates for new developments constructed over a period of not more than five years prior to the date of the fee calculation; if such information is not available in the district, data from adjacent districts, districts with similar demographics, or county-wide averages must be used. Student factors must be separately determined for single-family and multifamily dwelling units, and for grade spans.

2. The “Boeckh index” is a construction trade index of construction costs for various kinds of buildings; it is adjusted annually.

3. The district is to provide its own site and facilities standards and projected costs to be used in the formula, consistent with the requirements of this chapter.

Attachment

4. The formula can be applied by using the following table:

1. Providing clear criteria on which to base a decision;

2. Recognizing the effects of unique circumstances upon the development potential of a property;

3. Avoiding the granting of special privileges;

4. Avoiding development that may be unnecessarily detrimental to neighboring properties;

5. Requiring that the design, scope and intensity of development is in keeping with the physical aspects of a site and adopted land use policies for the area; and

6. Providing criteria that emphasize protection of the general character of neighborhoods.

1. The proposed temporary use will not be materially detrimental to the public welfare;

2. The proposed temporary use is compatible with existing land uses in the immediate vicinity in terms of noise and hours of operation;

3. Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and

4. The proposed temporary use is not otherwise permitted in the zone in which it is proposed.

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

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

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

4. The variance does not create health and safety hazards, is not materially detrimental to the public welfare or is not unduly injurious to property or improvements in the vicinity;

5. The variance does not relieve an applicant from any of the procedural provisions of this Title;

6. The variance does not relieve an applicant from any standard or provision that specifically states that no variance from such standard or provision is permitted;

7. The variance does not relieve an applicant from conditions established during prior permit review or from provisions enacted pursuant to SMC 21.03.020.W.7, Lake Management Areas – Special District Overlay;

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

9. The variance does not allow the creation of lots or densities that exceed the base residential density for the zone by more than 10 percent;

10. The variance is the minimum necessary to grant relief to the applicant;

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

12. The variance does not relieve an applicant from any provisions of SMC 21.03.020, Environmentally Critical Areas, except for the required building setbacks set forth in SMC 21.03.020.

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

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

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

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

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

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

7. The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities.

1. The characteristics of the special use will not be unreasonably incompatible with the types of uses permitted in surrounding areas;

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

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

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

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

6. The special use is not in conflict with the policies of the comprehensive plan or the basic purposes of this Title.

1. Applicability. The City’s future land use map (FLUM) includes a variety of land use designations, each of which allow one or more implementing zoning districts. A property owner, or their representative, may request rezoning to a higher intensity zone within the zoning hierarchy that is allowed in the current Future Land Use category for their property – subject to the criteria below. This specific type of rezoning is a Type 3 action by the Hearing Examiner and is considered a quasi-judicial rezoning. Areawide rezones are subject to the requirements specified in SMC 24A.10.010(3).

2. Criteria. A quasi-judicial rezoning pursuant to this section may only be approved if the following criteria are demonstrated:

3. The subject property is not encumbered by a wetland, stream, landslide hazard areas, or their associated buffers as established in SMC 21.03.020, by more than 50 percent and has a buildable area equal to the standard minimum lot size in the zone which is requested as provided in the table below.

4. The subject parcel has sufficient water and sewer capacity available for development allowed under the proposed zoning district as demonstrated by service levels specified in water and sewer plans. (Ord. O2024-578 § 2 (Att. A); Ord. O2021-540 § 2 (Att. A))

1. Establishing a use not permitted in the zone in which it is located;

2. Constructing, expanding, or placing a structure in violation of setback, height, and other dimensional standards in this Title;

3. Establishing a permitted use without complying with applicable development standards set forth in other titles, ordinances, rules, or other laws, including but not limited to street construction, surface water management, and the fire code;

4. Failing to carry out or observe conditions of land use or permit approval, including contract development standards;

5. Failing to secure required land use or permit approval prior to establishing a permitted use; and

6. Failing to maintain site improvements, such as landscaping, parking, or drainage control facilities as required by this code.

1. Permit suspension, revocation, or modification shall be carried out through the procedures set forth in SMC Title 23. Any permit, variance, or other land use approval issued by the City pursuant to this Title may be suspended, revoked, or modified on one or more of the following grounds:

2. Authority to revoke or modify a permit or land use approval shall be exercised by the issuer, as follows:

1. The director may suspend any permit, variance, or land use approval issued by the department pending its revocation or modification, or pending a public hearing on its revocation or modification;

2. The department may initiate proceedings to revoke or modify any permit or land use approval it has issued; and

3. Persons who are aggrieved may petition the department to initiate revocation or modification proceedings, and may petition the director to suspend a permit, variance or land use approval pending a public hearing on its revocation or modification. (Ord. O2021-540 § 2 (Att. A))

1. Establish the legal status of a nonconformance by creating provisions through which a nonconformance may be maintained, altered, reconstructed, expanded or terminated;

2. Provide for the temporary establishment of uses that are not otherwise permitted in a zone and to regulate such uses by their scope and period of use;

3. Provide a permitting process and standards for homeless encampments for homeless persons, consistent with state laws; and

4. Encourage the adaptive re-use of existing public facilities that will continue to serve the community, and to ensure public review of redevelopment plans by allowing:

1. All nonconformances except nonconforming uses and improvements related to the provisions of SMC 21.03.020 shall be subject to the provisions of this chapter.

2. The provisions of this chapter do not supersede or relieve a property owner from compliance with:

1. The damage to the nonconforming structure is less than 50% of the current market value from a professional appraisal and the nonconformity is not expanded; All expansions of nonconforming structures must meet the current code requirements, including setbacks, unless a variance is obtained.

2. A new nonconformance is not created; and

3. A nonconforming structure that is damaged or destroyed such that it exceeds 50% of the value of the structure may only be reconstructed if the reconstruction complies with all code requirements. Single-family homes are exempt from this restriction and may be reconstructed if the nonconformity is not expanded.

1. The modification or expansion complies with all code requirements and does not expand any existing nonconformance or the degree of nonconformity; and

2. The modification or alterations does not create a new type of nonconformance.

3. The alteration constitutes normal and routine maintenance or is intended to correct a nonconformity.

1. Nonconforming uses may not be changed to another nonconforming use. When all or part of a nonconforming use is changed to a permitted use it may not be changed back to a nonconforming use.

2. If a structure containing a nonconforming use is damaged or destroyed, and the cause was not due to actions by the owner, it may be reestablished by obtaining a building permit and commencing construction within 12 months from the date the damage occurred. The reestablished nonconforming use may not exceed the existing building square footage or create a new nonconformity. If the nonconforming use is a nonconforming structure, then the reconstruction must comply with SMC 21.09.130.E.

3. A nonconforming use that has been discontinued for more than 12 months in whole or part may not be reestablished. Active listing of a vacant space with a nonconforming use qualifies for maintain the nonconforming use.

4. A nonconforming use may be expanded up to 10% or 500 square feet, whichever is less if all the following are met: