agenda planning commission
TRANSCRIPT
AGENDA
Planning Commission 5:30 PM - Thursday, July 15, 2021
Virtual Meeting, Sammamish, WA Page Estimated
Time CALL TO ORDER 5:30 pm
ROLL CALL
MEETING ACCESSIBILITY
Pursuant to the Governor’s Emergency Proclamation 20-25, the City is unable to provide an in-person location for the public to listen to the virtual Planning Commission meeting this evening. Meetings are still accessible to the public and public comment is able to be submitted.
To View Live:
• City Website: www.sammamish.us/tv21
• City YouTube: www.youtube.com/c/Sammamish/videos
• Comcast Channel 21 (within Sammamish only)
To View Later: Meeting videos are typically available the day after the meeting:
• City Website: www.sammamish.us/tv21
• City YouTube: www.youtube.com/c/Sammamish/videos
• Comcast Channel 21 (within Sammamish only)
APPROVAL OF AGENDA
APPROVAL OF THE MINUTES
4 - 5 1. July 1, 2021 Regular Meeting
View Minutes
PUBLIC COMMENT - NON AGENDA
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3 minutes per person / 5 minutes if representing an organization.
Pursuant to the Governor’s Emergency Proclamation 20-25, the City is unable to provide an in-person location for the public to listen to the virtual City Council meeting this evening. Meetings are still accessible to the public and public comment is able to be submitted.
Written Comment:
Written public comment will be accepted until 5:00 pm on the day of the meeting. Submit your written comments by email to the Planning Commission Coordinator at [email protected] and the Planning Commission at [email protected].
Verbal Comment:
Up to 3 minutes of verbal public comment may be provided per person live during the meeting. Call the following number and input the access code when prompted by 5:30 pm the day of the meeting:
• Phone Number: +1 (872) 240-3311
• Access Code: 699-839-229
Once you have joined, you will be placed on mute. The meeting operator will unmute you when it is your turn to comment. You will hear an automated voice say “unmuted” when that occurs, and the operator will ask you to begin your comment. If you would like to provide public comment for Agenda Public Comment, please say so when you are unmuted or please call back when prompted for Agenda Public Comment. You will be placed back on mute and will have an opportunity to speak for 7 minutes under the Agenda Public Comment.
OLD BUSINESS
6 - 126 2. Public Hearing and Deliberation: Development Regulations
Updates - Phase Two
View Agenda Item
NEW BUSINESS
PUBLIC COMMENT - AGENDA
7 minutes per person
ADJOURNMENT 8:30 pm
LONG TERM CALENDAR
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127 3. View Calendar
Note: This is an opportunity for the public to address the Planning Commission. For non-agenda items, three (3) minutes are granted per person, or five (5) minutes if representing the official position of a recognized community organization. Seven (7) minutes are granted per person for agenda items. If you are submitting written comments or if you would like to show a video or PowerPoint during your verbal comments, it must be submitted or emailed by 5pm the day of the meeting to the meeting coordinator, Amber Malmberg [email protected] and to the Planning Commission at [email protected]. Please be aware that Planning Commission meetings are videotaped and available to the public. The City of Sammamish Planning Commission is appointed and is the advisory board to the City Council on the preparation and amendment of land use plans and implementing ordinances such as zoning. Planning Commissioners are selected to represent all areas of the City and as many "walks of life" as possible. The actions of the Planning Commission are not final decisions; they are in the form of recommendations to City Council who must ultimately make the final decision. THE COMMISSION MAY ADD OR TAKE ACTIONS ON ITEMS NOT LISTED ON THIS AGENDA. Planning Commission meetings are wheelchair accessible. American Sign Language (ASL) interpretation is available upon request. Please phone (425) 295-0500 at least 48 hours in advance. Assisted Listening Devices are also available upon request
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Planning Commission Regular Meeting - Jul 01 2021
MINUTES
Planning Commission
6:30 PM - July 1, 2021
Virtual Meeting, Sammamish, WA
Commissioners Present: Vice-Chair Rituja Indapure, Planning Commissioner, Position 7
Mike Bresko, Planning Commissioner, Position 2
TC Labby, Planning Commissioner, Position 3
Josh Amato, Planning Commissioner, Position 4
Commissioners Absent: Chair Mark Baughman, Planning Commissioner, Position 6
Karthik Seetharaman, Planning Commissioner, Position 1
Karen Malcolm, Planning Commissioner, Position 5
Staff Present: Director of Community Development David Pyle
Senior Management Analyst Evan Fischer
Management Analyst Jaclyn Beliel
Office Assistant Amber Malmberg
CALL TO ORDER Vice Chair Indapure called the Sammamish Planning Commission meeting to order at 6:31 PM.
ROLL CALL Roll was called.
MEETING ACCESSIBILITY Amber Malmberg read the meeting accessibility information found on the meeting agenda.
APPROVAL OF AGENDA Motion to approve the July 1, 2021 agenda as distributed.
Motion carried with no objections.
APPROVAL OF THE MINUTES Motion to approve the June 17, 2021 minutes as distributed.
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Draft
APPROVAL OF THE MINUTES #1.
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Planning Commission Regular Meeting - Jul 01 2021
Motion carried with no objections.
PUBLIC COMMENT - NON AGENDA
Mary Wictor - 408 208th Ave NE, Sammamish WA, 98074
Topic: Asking for clarification on proper staff contact when providing input.
OLD BUSINESS
Development Regulation Updates - Phase Two Project Work Session
City consultants, Jeff Arango and Lee Einsweiler, gave a presentation on the Development Regulation Updates. David Pyle, Director of Community Development and Evan Fischer, Senior Management Analyst, were available to answer questions.
NEW BUSINESS
PUBLIC COMMENT - AGENDA
Mary Wictor - 408 208th Ave NE, Sammamish WA, 98074
Topic: Development Regulation Updates - Phase Two Project Work Session.
Paul Stickney - Sammamish, WA
Topic: Development Regulation Updates - Phase Two Project Work Session.
ADJOURNMENT MOTION: Mike Bresko moved to adjourn. TC Labby seconded. Motion carried unanimously 4-0 with Chair Mark Baughman, Karthik Seetharaman, and Karen Malcolm absent.
Meeting adjourned at 7:53pm.
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Draft
APPROVAL OF THE MINUTES #1.
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Agenda Bill
Planning Commission Regular Meeting
July 15, 2021
SUBJECT:
Development Regulation Updates - Phase Two
DATE SUBMITTED:
July 08, 2021
DEPARTMENT:
Community Development
NEEDED FROM COUNCIL: ☑ Action ☐ Direction ☐ Informational
RECOMMENDATION:
Receive a staff presentation, open public hearing, receive public comment, close the public hearing, and deliberate on whether to recommend to the City Council the draft development regulations amendments, additions, and Unified Development Code outline.
EXHIBITS:
1. Exhibit 1 - Phase II Staff Report
2. Exhibit 2 - Full Draft Code Amendments
3. Exhibit 3 - Unified Development Code Outline
4. Exhibit 4 - Reverse Unified Development Code Outline
5. Exhibit 5 - Question and Answer Matrix Template
BUDGET: Total dollar amount N/A ☐ Approved in budget
Fund(s) N/A ☐
☑
Budget reallocation required
No budgetary impact
WORK PLAN FOCUS AREAS:
☐ Transportation ☐ Community Safety
☐ Communication & Engagement ☑ Community Livability
☑ High Performing Government ☐ Culture & Recreation
☑ Environmental Health & Protection ☐ Financial Sustainability
NEEDED FROM COUNCIL:
Should the Planning Commission recommend to the City Council the draft development regulations amendments, additions, and Unified Development Code outline?
KEY FACTS AND INFORMATION SUMMARY:
Background
Over the past several months, staff and the Planning Commission have been working on the Development Regulations Update - Phase II. Phase II includes developing code amendments and new code language that address issues with the City's development regulations as identified by the Community Advisory Group, the Planning Commission, the City Council, and staff. Additionally, Phase II
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will see the creation of a Unified Development Code which will consolidate the City’s development regulations into one user-friendly and clearly organized Title of the Sammamish Municipal Code. For a complete project history, please see Exhibit 1 – Phase II Staff Report. The Planning Commission has met on the following dates regarding this topic:
March 4, 2021 - Project overview presentation and discussion on low-priority topics.
March 18, 2021 - Completed discussion on low-priority topics.
April 1, 2021 - Discussion on high-priority topics.
May 6, 2021 - Discussion on medium-priority topics.
June 3, 2021 - Review of proposed draft code for high and medium-priority topics.
June 17, 2021 – Presentation on the Planned Unit Development section as well as an outline of the UDC.
July 1, 2021 - Presentation on the work completed to date by the Planning Commission which led to a full draft of development regulation code amendments, additions, and the Unified Development Code Outline.
Next Steps
On July 15, 2021, staff will provide a high-level overview of the draft code and present the minor updates based on the Planning Commission’s feedback on July 1, 2021. Staff will also answer any questions on the following exhibits which capture the Phase II work completed to date:
Exhibit 2 – Full Draft Code Amendments – A full draft of all the proposed code amendments and additions resulting from the feedback and direction provided by the Planning Commission. All new or amended text in the draft appears in red and text that has been unedited appears in black.
Exhibit 3 – Unified Development Code (UDC) Outline – The UDC Outline provides the proposed structure and numbering system of the UDC, which when adopted will be Title 21 of the Sammamish Municipal Code (SMC). The UDC will incorporate the draft code amendments and additions as seen Exhibit 1 as well as the existing development regulations from other titles of the SMC. The outline identifies which sections of the UDC will be new and which will be from other titles of the SMC.
Exhibit 4 - UDC Reverse Outline – The UDC Reverse Outline mirrors the structure in Exhibit 2 but replaces the proposed numbering system with the existing SMC numbering to track where each section of code originated from in the SMC.
Exhibit 5 – Question and Answer Matrix – The Question and Answer Matrix tracks comments and questions from the Planning Commission and the corresponding answers and changes in the draft code if applicable.
Following the presentation, the Planning Commission will open a public hearing, receive public comment, close the public hearing, and deliberate on the proposed amendments before voting on a recommendation to the City Council.
Recommended Motion:
Move to recommend to the City Council the proposed draft development regulations amendments, additions, and Unified Development Code outline as presented in Exhibits 2, 3, and 4.
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City of Sammamish
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Phase Two Development Regulations Update Staff Report
Overview
The City of Sammamish is in the process of developing updates to the City’s development
regulations. The project’s public engagement process has included: a review of the code topics
identified in Appendix A with a stakeholder advisory group over five meetings; an online survey; two
meetings with the City Council; and nine meetings with the Planning Commission leading up to the
public hearing on July 15, 2021. The code topics summarized in Appendix A were used to guide
discussion with the community as draft code was developed.
Project Background
The development regulations within the Sammamish Municipal Code (SMC) were first adopted
upon the City’s incorporation in 1999 under Ordinance O99-29, which largely mirrored those of
King County. Since adoption, there have been many independent changes made to different
sections of the code, but to date, there has not been an effort to comprehensively unify those
changes and the various code chapters that constitute the City's development rules.
This piecemeal approach has resulted in development regulations that are at times hard to follow,
have old citations, are outdated, are inconsistent, or in limited instances are missing language.
Additionally, although some minor changes have been made to discreet sections of the code, and
to meet compliance with State mandates, the code did not change significantly until 2018. As the
code remained static, the development industry changed, resulting in a community that was
concerned by larger homes being built on smaller lots and by approval of projects that technically
met City codes yet generated outcomes that were not consistent with the expectations or desires
of the City's residents.
In the fall of 2018, to address public concern related to development outcomes, the City Council
adopted Interim Development Regulations and directed staff to begin the legislative review
process to consider permanent updates to the City's development regulations. This process
would be Phase One of the Development Regulations update. The City Council adopted the Phase
One code amendments on May 7, 2019, with the passing of Ordinance O2019-482. Phase One
changes were generally organized by topic (e.g. density rounding, setbacks, fences, building
height, etc…) and largely followed the initial code changes set forth in the adopted Interim
Development Regulations. Upon completion of Phase One, the City Council directed staff to begin
scoping for Phase Two.
Phase Two Project Scope
The Phase Two Development Regulations Update project scope consists of four key tasks: public
engagement, Phase II Development Regulations Update, the development of a Unified
Development Code (UDC), and scoping for the Phase Three Development Regulations Update.
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The UDC will consolidate the City’s development regulations into one user-friendly and clearly
organized Title of the Sammamish Municipal Code. It will facilitate a streamlined and coordinated
development review process resulting in more predictable and improved development outcomes
within the City.
Phase Two Project History
On August 11, 2020, the City Council approved a contract with Framework to develop Phase Two
updates to the City’s development regulations. The contract scope included addressing the
following items/topics:
• Code conflicts/code problems developed by staff resulting from code application.
• Problems identified in Phase One that were not included with Phase One work.
• Problems that were identified as needing cleanup following the implementation of Phase
One.
• Problems identified by the Community Advisory Group.
• 2020 docket items that are best addressed with Phase Two as opposed to being
docketed individually.
At a City Council Joint Meeting with the Planning Commission on October 6, 2020, staff
presented a finalized scope of work that identified eight general topic areas to be addressed by
code updates. Those areas were:
1. Code Enforcement and Penalties
2. Residential Neighborhood Design
3. Protection and Integration of Natural Features
4. Standards for Non-Residential Uses in Residential Zones
5. Infrastructure Coordination and Design
6. Single Family Site and Building Design
7. Construction Management
8. Code Organization and Administration.
As part of the public engagement plan, the City of Sammamish established a 13-member
Community Advisory Group (CAG) consisting of residents, developers, and design professionals
to provide input and feedback on the Phase Two Development Regulations Updates. The project
team conducted 1-on-1 interviews with each CAG member prior to group meetings. Four
meetings were held with the CAG on the following dates:
Community Advisory Group Meeting 09/15/2020 - Video
Community Advisory Group Meeting 10/14/2020 - Video
Community Advisory Group Meeting 12/15/2020 - Video
Community Advisory Group Meeting 01/26/2021 - Video
Over the course of those four meetings, the CAG and the project team developed a detailed list of
issues and problem statements. The list summarized the topics that will be addressed with
updates to specific sections of the SMC and drafted preferred solutions for each of the identified
issues and problem statements. The Issues and Solutions Table can be found in Appendix A.
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In addition to seeking community engagement through the CAG, the staff project team
conducted a survey hosted on Development Regulations Updates Phase II Connect Sammamish
Page. The survey results helped to identify key issues that the community believed need to be
addressed in the City’s development regulations. These issues were consolidated and included in
Appendix A. Once the Issues and Solutions Table was finalized, the project team held weekly work
sessions to begin developing and drafting code language.
On March 4, 2021, staff provided the Planning Commission with an overview of the Phase II
Development Regulations Update project. The presentation included a detailed project history
that described the work completed in the Phase I Development Regulations Update project and
described the scope of work and project plan for Phase II. Staff also began walking the Planning
Commission through individual low-priority items and received policy direction and feedback.
Low-priority issues are those which solutions are most easily identified and required minimal
guidance from the Planning Commission. Medium-priority issues are those that concept
solutions have been identified, but required additional discussion and input from the Planning
Commission around potential solutions. High-priority items are those that required the most
additional brainstorming and discussion with the Planning Commission to identify the best
potential solutions.
On March 18, 2021, the Planning Commission completed providing policy direction and feedback
on the low-priority items. On April 1, 2021, the Planning Commission provided policy direction and
feedback on the high-priority items. On May 6, 2021, the Planning Commission provided policy
direction and feedback on the medium-priority items.
After receiving the Planning Commission’s policy direction and feedback, the project team revised
the Preferred Solutions in the Issues and Solutions Table and incorporated them into draft code
language for the high and medium-priority topics which were reviewed by the Planning
Commission on June 3, 2021.
On June 17, 2021, the project team provided a presentation on the Planned Unit Development
section as well as an outline of the UDC. It is important to note that the only new code language
incorporated as part of the UDC will be the changes developed with the Planning Commission
and City Council that address the Issues and Solutions Table in Appendix A; all other code
language incorporated into the UDC will not be edited or updated in any way other than moving it
from its current section of the SMC into the single title of the UDC.
On July 1, 2021, the project team provided a presentation on the work completed to date by the
Planning Commission which led to a full draft of development regulation code amendments,
additions, and the Unified Development Code Outline.
The Planning Commission has public hearing scheduled for July 15, 2021. It is anticipated that
the Planning Commission will make a recommendation to the City Council and the City Council
will pick up the topic in September with a goal of formal adoption of the UDC by the end of
December 2021 and effective date of January 1, 2022.
The current tentative meeting schedule is as follows:
Planning Commission Public Hearing 7/15/2021
City Council Work Session 9/14/2021
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City Council Work Session 10/19/2021
City Council Work Session 11/16/2021
City Council Public Hearing 12/7/2021
City Council Public Hearing 12/21/202
Development Regulations Update – Code Topic Guide
The following are highlights of the Phase Two Development Regulations updates:
▪ Neighborhood Design Principles + Standards (21.30 – NEW format for UDC)
▪ Design Principles (21.30.200.A): The design principles are intended to show the
intent of the neighborhood design standards and support implementation of the
Comprehensive Plan. Applicants will be required to submit statements identifying
how their project furthers the neighborhood design principles. However, project
decisions will be based on the design standards.
▪ Protection and integration of natural features (21.30.300.A): Establishes standards
for the preservation and integration of natural features when present on a site for
development.
▪ Connectivity and block size standards (21.30.200.B): Establishes a maximum block
size, standards for street connectivity, and non-motorized connections such as
trails.
▪ Criteria for the preservation of open space (21.30.200.C): Establishes types of
open space that may be preserved and criteria for allowing smaller parcel sizes in
exchange for high-value open space.
▪ Parcels and sites (21.30.300.D): Require applicants to consider the application of
site planning standards when creating new parcels for development.
▪ Parking (21.30.300.E): Requires parking to be right-sized for anticipated demand
and applicants must submit a parking analysis for review.
▪ Arterial frontage standards (21.30.300.F): Limits the types of development and
features that can front along an arterial street.
▪ Sustainable site planning and LID (21.30.300.F): Establishes baseline standards for
sustainable site planning such as protecting native vegetation and integrating
low-impact development features for stormwater management.
▪ Planned Unit Development Standards (21.30.400)
▪ Permitted use in the R-1 through R-8 zones (2130.400.B)
▪ Regulatory Modifications (21.30.40.C)
▪ Allows modifications to dimensional standards (except building height),
street design, density, and parking requirements.
▪ Does not allow modifications to neighborhood design standards, critical
area regulations, building codes, clearing and grading, land uses (except
in limited instances), tree standards, or the adequacy of public facilities.
▪ Residential Uses and Density (21.30.400.D): Maintains the same residential uses
allowed in the underlying zoning district and allows a maximum of 85% single-
family detached units. Provides a square footage allocation rather than a strict
limit on the number of units if the applicable approval criteria are met.
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▪ Requires a concept plan review with staff, a neighborhood meeting and open
house (21.30.400)
▪ Modifications to Planned Unit Developments (21.300.400.G.4): Major modifications
require a new application and public notice.
▪ Decision Criteria (21.30.400.F): Applicants must demonstrate compliance with the
decision criteria including that “The planned development is a superior design
compared to the regulations for the underlying zone and furthers the goals of the
City’s Comprehensive Plan.”
▪ Site Planning Standards (21A.25.030)
▪ Floor to Area (FAR) limit for site development (21A.25.030.A): This standard requires
larger parcels for larger homes.
▪ Dynamic setbacks adopted in Phase One are proposed to be retained.
▪ Includes incentives for duplexes, accessory dwelling units, and detached
rear garages (to reduce bulk and scale of buildings)
▪ Modification to building height calculations to improve development on sloped
sites using modules. (21A.25.100)
▪ Driveway width limit (21A.25.030): Proportional to the lot frontage at the street
with a minimum and maximum.
▪ Front yard parking setback (21A.25.030): To reduce the visual and physical
impact of front yard parking on the street.
▪ Enhanced requirements for the adequacy of public facilities (21A.60)
▪ Strengthened requirements for sewer connections for plats and substantial
alterations where sewer is available (21A.60.020)
▪ Strengthened standards related to streets and access (12.30.200.B)
▪ New standards related to the design of streets and connections (21.30.200.B)
▪ Pre-Construction Meeting Requirement (16.20.222)
▪ Requirement for a construction management plan.
▪ Standard permit conditions established by the City.
▪ Town Center Project Review Updates
▪ Modified Unified Zone Development Permit (UZDP) review from a Type II to a Type
III process (20.05.020).
▪ Clearing and Grading Permit Requirements and Exemptions (16.15.050)
▪ Clearing and grading must be associated with an approved use except for
hazardous trees, noxious weeds, and invasive species.
▪ Modified permit thresholds and exemptions.
▪ Exemptions only permitted on properties with an approved land use.
▪ Reasonable Use Exceptions – Process update and criteria (21A.50.070)
▪ Modified the reasonable use process to require Hearing Examiner review.
▪ New reasonable use criteria for review with a maximum home size if built within a
critical area and/or buffer of 2,000 sq ft.
▪ Standards for civic uses in residential zones (21A.67)
▪ New public or private schools are a Type II Process (20.05.020).
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▪ Standards related to buffers, lighting, noise, and vehicle access.
▪ Increased fines for construction-related violations (23.100.10)
▪ Require a critical area affidavit and letter with clearing and grading permits to verify the
presence or absence of critical areas (16.15.070)
▪ Clarified permit requirements for accessory structures (20.05.020)
▪ Modified public notice requirement (20.050.060).
▪ Site plans must be recorded with a notice on the title when critical areas are present
(21A.50.132)
▪ Projects are required to go through Project Guidance (20.05.030)
▪ Unified Development Code (See attached outlines)
▪ Includes existing titles 13, 14A, 16, 19A, 20, 21, 21A, 21B.
▪ New code organization and formatting including an updated numbering system.
▪ Consolidate tables and footnotes.
▪ New graphics to illustrate code standards.
▪ Unified development code complete draft will be completed by September.
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Appendix A Issues and Solutions Table
OVERVIEW: This document is a summary of the topics that will be addressed with updates to specific code sections. The list has been formed with input from City staff and a Community Advisory Group assembled for this project and through consultation with the Planning Commission and City Council in the fall of 2020.
PRIORITY CATEGORIES: All of the topics identified in the table below will be addressed in the code updates. However, some topics are more complex and warrant more discussion while others are more straightforward and can be carried forward with the development of draft code.
LOW=Solutions are identified and team has begun drafting code MEDIUM=Concept solutions have been identified; requires additional discussion with Planning Commission about potential solutions
HIGH=Requires additional internal brainstorming and analysis by staff followed by further discussion with Planning Commission about potential solutions
# PROBLEM STATEMENT PRIORITY PREFERRED SOLUTION
1 1. Infrastructure has not kept pace with growth, particularly around older subdivisions. 2. The code has no requirements for sewer connections and allows septic in geologically hazardous and steep slope areas, where this type of infrastructure (especially drainfields) may be a risk to surrounding properties. 3. Developers are not accountable for contributions to infrastructure outside of their development. There is a disconnect between the water district and the City.
HIGH 1. Strengthen requirements for sewer connections with a clear preference for new connections. Require all new projects or those that exceed 50% of assessed value of improvements to request information on sewer availability from Sammamish Plateau Water. (21A.60.030)
2. Require homes connect to the sewer system within two years of it being available within 250' or if the septic system fails. (21A.60.030)
3. Prohibit septic in geologically hazardous areas and steep slopes. (21A.60.030)
4. Strengthen requirements for connection to a public water system and provide a clear preference for public connections. Connections to private systems only allowed when public connections are determined to be infeasible due to physical constraints, distance to the facility, or costs (21A.60.040)
5. Require all plats to connect to the public sewer system. (21A.60)
6. Develop baseline LID requirements through sustainable site planning techniques and shift the LID incentives to the new Planned Unit Development Standards. (21A.85)
7. In Tamarack and Inglewood require drainage review for any new residential units including an ADU. (13.20.020)
8. Address stormwater infiltration and impacts on Critical Aquifer Recharge areas as part of the project guidance process including a context analysis and conceptual site plan.(20.05)
9. As part of the project guidance process applicants shall be required to account for septic systems (when public sewer is determined to be infeasible) when submitting a conceptual site plan and context analysis. (20.050)
2 Definitions do not cover all terms referenced in the City's code, which can make harder to understand and require more interpretation.
LOW 1.Define all terms referenced in code, but not in the definitions section, and ensure existing definitions are clear. Resolve conflicting definitions in the following code sections. (16.20.025) (16.25.190) (21A.15)(19A.040) (23.150.10)
3 Existing use and development standard tables and calculations are confusing and require extensive cross-referencing both for potential developers and City staff.
MEDIUM 1. As part of the Unified Development Code provide links in the standards table to the supplemental standards and remove the cross references. (21A.25.30)
2. Clarify numerical requirements by simplifying the language. (21A.25.070)
3. Verify all cross references for accuracy and eliminate redundancy.
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4 1. There are no fundamental criteria for the design of subdivisions in the Development Code that would establish a baseline standard for new subdivision development. 2. New subdivisions do not fit the wooded rural character of Sammamish, do not use landscaping effectively to create a good fit with the surrounding neighborhood, and do not give residents a sense of privacy. 3. New development often does not provide an adequate buffer from arterial streets; with inconsistent landscaping, fences and retaining walls that dominate the street frontage. 4. Non-arterial streets in new subdivisions have on-street parking areas that are often underutilized and creates the perception of excess width.
HIGH 1. Develop a set of standards for new residential neighborhoods (i.e. subdivisions) that offers consistency in site design, street layout, supplemental street standards, arterial frontage standards, open space integration, preservation of natural features, and connections to surrounding lots. (21A.15 NEW)
2. Develop new Planned Unit Development Standards that provide incentives in exchange for improved design and public benefits. Include criteria regarding open space preservation and design. Incentives may include density or floor to areas ratio bonuses, allowances and incentives for more diverse housing types, and flexibility with street standards. (21A.15 NEW)
3. Develop criteria for the preservation of open space beyond the minimum required. (21A.30.140)
4. Lower the combined height of fences and retaining walls or rockeries and require step backs with planted rea between multiple rockeries or retaining walls and between a retaining wall, rockery, or berm and fencing. (21A.30.190). Incorporate the standards in the Town Center Code (21B.30.180)
5 Schools, most of which are in residential zones, are required to adhere to the same standards as single-family homes, although they are a different building type and use.
MEDIUM 1. Develop new standards for civic uses in residential zones to ensure neighborhood compatibility particularly as it relates to the transition between uses with a focus on Schools. (Update 21A.30.240)
6 Reasonable use exceptions should be better defined as the current rules have resulted in excessively large homes being permitted on highly constrained lots in critical areas and buffers.
MEDIUM 1. Revise the Reasonable Use process to require review by the Hearing Examiner that will include a public hearing. The Director will provide a recommendation to the Hearing Examiner on reasonable use applications and the public will have the opportunity to provide input during the review process including a public hearing. (20.05.020) 2. Supplement Reasonable Use exception criteria to include additional analysis regarding what is "reasonable". (21A.50.070)
7 There are no "required" baseline Low Impact Development standards. Existing standards should have clear incentives that are coordinated with future PUD standards.
MEDIUM 1. Develop "required" baseline standards for LID with a focus on sustainable site planning. (21A.85)
2. Incorporate the LID incentives into new Planned Unit Development standards. (21A.30.140)
8 1. Projects advance beyond the conceptual design stage before applicants have discussed code City and can result in costly redesigns. 2. Administrative process and requirements are not clear and specific. General requirements for application materials don't provide the necessary information to review projects. 3. Process/permitting timeframes are defined in different locations.
LOW 1. Project guidance should be required for all development applications except minor construction and include a context analysis and a conceptual site plan. (20.05)
2. Create a more specific set of application requirements for different site conditions and project types that requires applicants provide staff more of the necessary information to review projects. (20.05.040)
3. Retain minimum application requirements (20.05.040) and supplement code to give the Director more discretion to request additional materials and information or specifications on any submitted plans to address different scenarios.
4. Allow the director the ability to waive fees where the permit fee may be a barrier to an action that has public benefits such as removal of invasive species. (20.05)
5. Modify 120-day review time to be from the time the application is deemed complete. Consider adding different review times for different project types based on actual median review times of past projects. (20.05.050)
9 Compliance and enforcement of existing code regulations is challenging given the current code provisions.
LOW 1. Require financial guarantees with performance agreements for tree protection, erosion control, and clearing limits. Consider adding "stop work" requirements when approved plan is not followed with precision. (16.20)(23.80)
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10 1. The height, bulk, and scale of new homes can be overwhelming from the street. 2. Development standards do not adequately reflect site conditions and limitations. 3. Baseline standards for new homes allow for too much home in a small area.
HIGH 1. Establish a base Floor to Area Ratio (FAR) limit so that the size of a home is proportional to the size of the parcel to allow for more flexibility with site planning to improve parking design, landscaping, low-impact development, tree preservation, and consideration of other site planning challenges. (21A.25.030)
2. Regulate building height be segment to minimize excessive height on steep slopes and require structures to step up the hillside to minimize bulk and scale. (21A.25.030)
3. Limit the width of driveways based on the width of the lot, require parking and garages to be setback from the home and use the side yard or alleys. (21A. 25.030)
4. Allow for flexible side yard setbacks to allow for parking and access when the garage is located to the side or rear of the home. (21A.25.030)
11 The code’s development regulations lack visuals to help make code requirements more understandable
LOW 1. Graphics will be used to illustrate new code standards as part of Phase Two and for existing standards as part of the Unified Development Code (UDC). Several graphics have already been produced as part of the code audit that will be used in the code such as for the new arterial frontage types, landscaping standards, and residential design (subdivision) standards. Graphics should not only demonstrate what is intended or allowed with a codified design standard or criteria, but should also demonstrate what is not intended or allowed.
12 Staff requires more flexibility and should be empowered in review and enforcement.
HIGH 1. Increase the types of construction violations that are subject to immediate fines and stop work orders as necessary. New construction violations include improper erosion control measures, obstructing private streets and shared driveways, impacting critical areas, and developing in conflict with approved plans. (23.100)
13 Standards for subdivision development on slopes and in sensitive areas are the same as those for unconstrained properties. Native vegetation and wildlife habitat are cleared from a majority of larger sites in development.
HIGH 1. As part of the new residential design standards (subdivision) there will be a focus on standards for steep slopes to make sure the development fits in rather than manipulates slopes and other natural features. Retaining trees and understory vegetation will be requirements where feasible. (21A.XX NEW) (16.15)
2. Require early and advanced tree vigor enhancement for trees to be retained on sites under development permit review. (21A.37.270) (21A.37.280)
14 There is no mechanism to enforce development standards when projects are complete or near completion.
LOW 1. Add fines for doing work in conflict with an approved permit and do not sign off on final inspection when projects conflict with approved plans. (23.100)
2. Develop reporting requirements for qualified professionals working for the applicant to verify compliance with approved plans and permit conditions at appropriate point in the project. (16.20.300)
15 There are no requirements for construction management other than traffic management during development.
MEDIUM 1. Develop a standard set of permit conditions related to construction that becomes part of the permit approval and are posted to the City's website. Also provide the option to add conditions as appropriate based on the conditions of the site and approved plans to mitigate potential impacts. Require as-built plans that are certified by a qualified professional to verify compliance with approved permits. (16.20)
2. Require a pre-construction meeting with planning and building officials to discuss staging and construction management. Adjust the fee schedule as necessary to increase cost recovery. (16.20)
3. Require applicants to sign an affidavit prior to construction verifying that erosion control fencing will installed properly and maintained for duration of the project or face a fine of $1,000 per square foot of impacted area. (23.100)(16.20)
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16 Developers are willing to pay fines for violating code provisions or construction management requirements
LOW 1. Enhance the City's ability to issue stop work orders when construction is occurring that is not in compliance with approved plans and permits. When a field correction is not permitted, applicants must apply for a permit amendment and cease work until it is approved. (23.100.10)(16.20)
17 Landscaping and maintenance of plantings can interfere with utilities.
LOW 1. In the new residential design standards include standards that the design shall minimize the need for tree removal related to utility easements. Where tree removal is necessary consider low-impact native plantings to avoid only mowed grass corridors. (21A.XX NEW) (21A.30) (21A.37.230)
18 Maintenance of landscaping in the right-of-way can be a burden on the City.
LOW 1. For new projects, focus on native vegetation that is drought tolerant, provides habitat functions, and is low maintenance. (21A.XX NEW)(21A.35) 2. Require property owners to maintain the public right-of-way in front of their homes (i.e. sidewalk buffer strip) and allow for native plant or edible gardens. (21A.35) 3. Grant the City the ability to take over landscape areas, open space tracts, or critical areas tracts that are not being maintained where there is a demonstrated public benefit such as new public open space, reforestation, habitat restoration, stormwater management, or other benefits.(21.A.35) 4. Provide incentives for homeowners associations to replant landscape areas with a focus on native, drought tolerant plantings with habitat benefits. Incentives may include waiving permit fees, technical assistance, and volunteer programs. (21A.35)
19 Proposal modifications that constitute a substantial change and would require a new application are not defined.
LOW 1. Provide a specific description of substantial change to review requirements and would require a new application. (20.05)
20 Noticing requirements are not well organized and could be clearer.
LOW 1. Modernize the City's permit noticing requirements to reflect new methods of outreach such as website postings. (20.05)
21 Decisions on new development may not further the comprehensive plan.
LOW 1. As an application submittal item, require the applicant to submit a narrative/summary demonstrating how the project aligns with the Comprehensive Plan policies for larger scale projects. (20.05)
22 Residential parking requirements sometimes conflict, are sometimes unclear, and can lead to parking that is poorly designed or dominates the street frontage of new homes.
LOW 1. Require a parking summary as part of new subdivisions that demonstrate the parking is right sized for the anticipated demand including both on- and off-street parking so that streets are not oversized. (20.05)(21A.XX NEW)
23 Refund provisions and timelines are unclear, and do not specify which permit fees are eligible.
LOW 1. The Director will maintain a policy on permit refunds and make it accessible to the public. (20.05)
24 There is no established process for modifications to a conditional use or requirements for certain expansions to non-conforming uses
LOW 1. Add language to recognize existing uses that are considered as "de-facto" conditional uses (pre-dating incorporation) but have not gone through the conditional use process. Require an audit of uses and allow minor improvements without going through the full conditional use process. If major improvements are proposed then full conditional use review will be required. (21A.100.150)(21.A.110.040)
25 School capacity and concurrency in the code should be valid and all cross-references should lead to a single section.
LOW Addressed as part of parallel effort on school impact fees and concurrency.
26 The code does not clearly lay out standards short-term rentals as a non-residential use that tend to be located in residential zones.
LOW Address as part of the Phase Three scoping process following additional input and direction from the City Council.
25 Development categories defined in the code are not consistent with those listed in decision types.
LOW 1. Include Unified Development Plans (UZDP) as a Type 3 decision. Remove Urban Planned Development as a Type 3 from Code (we do not have this action type - King County remnant). (20.05.020) (21B.95.030)
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28 Signage regulation have not been evaluated for compliance with Reed v. Town of Gilbert - 135 S. Ct. 2218 (2015)
LOW 1. Sammamish did complete an update to and significant simplification of the City’s Sign Code in 2017 under Ordinance O2017-436 and was further amended in 2018 under Ordinance O2018-462 to address Electronic Reader Boards/Changing Message Signs
26 Current code does not adequately differentiate between accessory uses for which a building permit is required.
LOW 1. Require a permit for any accessory structure that has electricity and/or plumbing with the same setback standards as accessory dwelling units. Any accessory structure over 200' square feet must meet setbacks and requires a permit. (20.050)(21A.25.030)
27 Infrastructure and environmental challenges in Inglewood and Tamarack are not adequately addressed in the code.
HIGH 1. Develop maintenance standards for critical areas and steep slopes and stormwater/drainage requirements after development is complete. (21A.50.220)
2. When a project is located in the historic Tamarack Plat code regulations in SMC 21A.50.220 apply due to a concentration of critical areas in the area. (21A.50.220)
3. Develop maintenance standards for critical areas and steep slopes and stormwater/drainage requirements after development is complete. (21A.50.220)
28 Permits are required for regular maintenance of landscaping and/or infrastructure in critical areas
LOW 1. Allow for regular maintenance of ditches, culverts, drainage features (e.g. French drains), shoulders and paths within these exceptions, and for lawn and landscape maintenance in critical areas and buffers including invasive plant and weed removal, thinning or removal of volunteer plants or runners etc. (16.15.050)
29 There are no limits on clearing without a permit outside of critical areas.
HIGH 1. Limit the land area that can be cleared without a permit (including shrubs and groundcovers) and reference the tree removal section in 21A.37.240. Limit clearing on lands that do no have an active use or development permit approval . Lower the tree diameter that is allowed to be removed without a permit. (16.15.050)
30 City policy and code do not adequately protect steep slopes.
HIGH 1. Increase the limits on clearing and grading for individual lots such that it is not permitted until associated with an approved development permit for the the construction one or more dwellings. (21A.50.220(3)(c))
2. Incorporate standards from the Erosion Hazards near Sensitive Waterbodies into the general section on Erosion Hazards that limit disturbance, require monitoring, and address drainage. (21A.550.225(3-4)
3. Require a critical areas report as part of all request for clearing and grading permits to verify whether there are any critical areas on the site. (16.15.070)
4. Eliminate the exemption for the cutting and removal of any coniferous tree of less than eight inches DBH or any deciduous tree of less than 12 inches and make it expressly prohibited to remove understory vegetation beyond normal maintenance without obtaining a grading permit. (16.15.050)
31 Critical areas and natural vegetation are not adequately protected during development.
MEDIUM 1. Require site plans for single-family homes be recorded. (21A.50.180).
2. Place limits on original permit requirements for Critical Areas, when recorded and required prior to permit issuance.
2. Record notice on title before any permit approvals per code to inform the public of the presence of Critical Areas, buffers, any mitigation, and limitations on actions.
3. Trees/driplines, clearing limits, and landscaping should be recorded with the site plan to monitor retention and protection. (21A.50.180)
34 Ensure recent amendments under Phase 1 are clear, use proper grammar and word choice, consistent application of terms and definitions and accurate cross-references
LOW 1. Ensure recent amendments under Phase 1 are clear, use proper grammar and word choice, consistent application of terms and definitions and accurate cross-references as part of the Unified Development Code.
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DEVELOPMENT REGULATIONS UPDATEPHASE TWO
PUBLIC HEARING DRAFT 7/ 15/2021
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21.30.100 Purpose, Intent and Applicability
21.30.100.A Purpose and Intent
The intent of this section is to provide design standards for residential neighborhoods and the standards will apply to subdivisions, binding site plans, and short subdivisions in the R-1 through R-18 Zoning Districts. The design principles and standards are specifically intended to implement the City’s Comprehensive Plan and vision statement.
21.30.100.B Applicability
The neighborhood design standards apply to all plats, short-plats, and binding site plans in the Residential Districts (R- Districts).
21.30.100.C Design Intent
The intent of the Design Principles is to guide future development as closely as possible towards the stated vision of Sammamish as defined in its Comprehensive Plan. Design as defined for this
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section is a broad term that includes layout of platting, utilities, streets and pathways, landscape, and building design.
From the City’s Comprehensive Plan Vision [Add as a sidebar]:
Sammamish is a vibrant bedroom community blessed with a well-preserved natural environment, a
family-friendly, kid-safe culture, and unrivaled connectedness.
From its expanding tree canopy, to its peaceful neighborhoods, to its multi-modal transportation
resources, Sammamish captures the best of the past even as it embraces a burgeoning digital future
and meets housing affordability through balanced, sustainable housing.
It is a state-of-the art community—engaged, responsive, and generous in its support for the full range
of human endeavor.
21.30.200 Design Principles
The design principles illustrate the intent of the design standards and inform project design, particularly during the early stages. The application of the design principles will depend on the characteristics of the site and surrounding context. Applicants will be required to demonstrate how they have incorporated the design principles into their project but are not a basis for decision-making. The design standards in SMC 21.30.300 are used to review projects and determine compliance with this Chapter.
21.30.200.A. Preserving Ecological Functions of the Land
Sammamish cares about preserving the ecological function of its land, especially as the City becomes built out. Therefore:
1. Site planning should retain the form of the land and the major vegetation to the extent possible, fitting development into its natural context rather than reshaping the land for ease of development.
2. Tree retention is a priority, making sure that trees will remain healthy in the long term by saving groups of trees and leaving undisturbed areas to protect roots.
3. Sustainable solutions for stormwater should be part of all new development, paying careful attention to hydrologic systems and limiting impervious surface.
4. Storm water facilities should be designed as visual community amenities where visible.
5. Distinct natural features should be highlighted and retained in the site design.
21A.30.200.B Maintaining a Green Northwest Character
Sammamish cares about keeping their green Northwest character that makes it an attractive place to live. Therefore:
1. Well-landscaped areas should line arterials, with native drought-tolerant plants selected for an ability to provide year-round screening between buildings and traffic.
2. Landscape along residential streets should reflect the Northwest character and be designed for a pleasant streetscape over time.
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3. Grade cuts should be limited so that tall walls are not necessary and when required are subtly integrated into the site design.
4. Fencing should be integrated into landscaping rather than standing alone as separation from streets and arterials.
5. Homes should be designed to respect the public interface along the street, with limited frontage devoted to garage entries and massing that avoids the feeling of a wall along the street.
21A.30.200.C A Well-Connected Community
Sammamish cares about being a well-connected community, where walking and cycling are pleasant and safe. Therefore:
1. New development should improve connections for people walking and biking, with sidewalks and trails, and with consideration of existing and future networks where people can access public amenities such as parks, playgrounds, and transit.
2. Neighborhood streets should be designed to encourage low vehicle speeds, and where appropriate with low volumes of traffic, streets can be shared by people walking, cycling, and driving slowly.
21A.30.200.D. Family-friendly Neighborhoods with Amenities for All Ages
Sammamish values its family-friendly neighborhoods, with amenities that people of all ages and abilities can enjoy. Therefore:
1. Neighborhoods should include places to spend time, with play areas and benches.
2. Open spaces should be accessible, connected, and include a variety of active and passive recreation opportunities.
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21.30.300 Neighborhood Design Standards
21.30.300.A Protection and Integration of Natural Features
1. Design Intent
Sammamish values its well-preserved natural environment and aspires to expand its tree canopy as it balances future development. Natural features, including topography, hydrology, habitat, and designated view corridors should be respected with new development, minimizing impacts and improving environmental function where possible.
2. Design Standards
a. Natural Features Context.
In order to fit development into its context, the various elements of context must be understood. For natural features, that means understanding significant topography, hydrology, and habitat corridors on and beyond the site itself.
b. Natural Features.
Natural features such as wooded stands, topographic features, or wetlands should be integrated into development as assets to the full extent possible, for environmental reasons and to highlight the unique character of each site.
c. Hillside Development.
Development on hillsides should minimize clearing and grading, fitting buildings and streets with the slope rather than using extensive grading and vegetation removal for ease of construction.
d. Forested Areas and Habitat.
Remaining forested areas in Sammamish are important to the character and ecosystem of the city. Development is expected to prioritize retention of wooded areas to the extent possible, in a manner that will support the long-term health of the trees.
For sidebar: Goal EC.4 Protect and promote a diversity of plant, pollinator, and animal species habitat in Sammamish.
Goal EC.10 Maintain and improve the City’s forested character.
21.30.300.B Streets and Connections
1. Purpose and Intent
Sammamish values all forms of mobility and aspires to be a community with unrivaled connectedness. To this end, development should be considered in terms of pedestrian and cycling routes that are attractive and safe for all ages. These routes should form a connected system and support a mix of uses available to neighborhoods. For all vehicle options, development should consider connectivity that minimizes congestion, “right-sizes” travel lanes and parking, and ensures adequate access for emergency vehicles.
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2. Design Standards
Sammamish’s street network relies on arterials as through-routes. The system of arterials contributes to a relatively disconnected street system due to topographic constraints, and developments without connections to adjacent sites. Sammamish aspires to increase connectivity by balancing quiet neighborhoods with a more resilient set of connections for all modes of movement.
a. Street Connections. Streets and alleys provide connections to homes and
through neighborhoods. They should be appropriately sized so that the streets
support and blend into a well-landscaped neighborhood, discourage drivers
from speeding, and assure emergency vehicle access. In designing new
subdivisions, alleys and pedestrian-oriented streets should be considered as
options for creating neighborhoods where walking is safe and attractive. The
street network should also consider needs for increasing connectivity beyond the
site itself, with input from the City.
b. Block Size and Perimeter. Block lengths are related to walkabilty, with shorter
blocks offering permeability and shorter routes to destinations. They can also
improve emergency response time. Blocks may be separated with connections
for use by pedestrians, bicycles, and emergency vehicles only. Neighborhoods
must be designed with block sizes that do not exceed a total perimeter of 1600’
to provide for connectivity. Exceptions to this limit may be permitted due to
constraints from topography, critical areas and buffers, the preservation of
mature forest, and other factors determined by the City that limit effective street
connectivity. Non-motorized connections may be counted towards the block
perimeter calculations except where the City determines a full street connection
is warranted for access and connectivity. Houses oriented towards pedestrian
paths are an option.
c. Dead-end Streets. Dead-end streets must be limited to no more than 750’, and
must be designed for future connection unless determined by the City to be
infeasible. Where a full street connection is not possible, a non-motorized
connection such as a trail or sidewalk must be provided, where the City
determines it is feasible.
d. Curb to Curb Width. Streets must be right-sized based on the anticipated built
project density, anticipated traffic, and the parking program analysis required in
SMC 21.30.300.E. The application of the curb-to-curb width in the Public Works
Standards may be modified to meet the neighborhood design standards in ways
such as requiring one parking lane instead of the standard two lanes.
e. Curb cuts from public and private streets should be located to allow for usable
on-street parking where additional parking is necessary based on the project
parking program analysis.
f. Walking and Biking Connections. A robust network of pedestrian and bicycle
connections is a priority for Sammamish and should be included in developments
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in a manner appropriate to the site and the surrounding connections. This may
include sidewalks, paths, bike lanes, and “woonerf”-style shared streets or
greenways. Routes that are integrated into the landscape or have a planted
buffer from streets are encouraged.
21.30.300.C Open Space and Recreation
1. Design Intent
Open space serves a variety of needs including environmental sustainability, and passive and active recreation. The design intent for open space and recreation is to prioritize protection of significant environmental features, and to distribute recreational opportunities so they are available to all neighborhoods.
2. Context
Sammamish’s goal of a network of open spaces, parks, and trails is the context for new development. The size, type, and location of open spaces should be considered as part of a system. This system should provide future residents with local open space and recreation assets, while also connecting them to citywide open space and recreational assets. Open space opportunities will be determined in part by the context of the site and surrounding area. Applicants must analyze the site and neighborhood context that is summarized as part of an application to provide open space that is counted towards the net developable area for the site. Examples of site and neighborhood context that should be considered are:
▪ mature forest that could be preserved.
▪ an adjacent trail system where a connection is possible.
▪ protection of a wildlife habitat corridor on-site.
▪ the presence of soils appropriate for small-scale agriculture.
▪ protection of landslide hazard areas.
▪ the need for additional recreation space to serve the development.
Add in Sidebar: Goal P.1 Provide a network of parks, trails, athletic fields, and open spaces that delivers a variety of active and passive recreational opportunities to the Sammamish community.
Goal EC.1 Serve as a leader in environmental stewardship of the natural environment for current and future generations.
3. Calculation of Density and Public Benefit
Open space proposed beyond the on-site recreation space required in 21A.30.140 must provide a clear public benefit to be counted towards the project density and approved by the City. Open space that is not counted towards the project density is exempt from this section. Adverse impacts will also be considered in determining compliance with these standards such as views from arterial streets, compatibility with adjacent development, connectivity, and other potential impacts. To be considered for public benefit, projects must use design methods for providing additional open space as outlined below. Alternatives may be proposed that are consistent with the intent of this section, as approved by the City.
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A. DESIGN INTENT
The design intent is to dedicate open space in alignment with Sammamish’s goals and maximize opportunities of each site. For example, open space should be dedicated to preserving significant stands of healthy woodland where possible, providing space for green stormwater infrastructure, or connecting trails. In some developments, localized park or recreation space may be appropriate, or opportunities may arise for other amenities such as benches, viewpoints, or play areas.
B. DESIGN STANDARDS
i. Open space should be integrated throughout the development to provide benefits for homesite design, such as increased buffers with native forest and vegetation.
ii. Integrate trail systems and other non-motorized connections within open space areas to increase connectivity where feasible.
iii. Integrate green infrastructure using low-impact development techniques into the design of open space areas.
4. Open Space Tracts
A. DESIGN INTENT
The design intent is to allow for larger open space tracts where there are clear public benefits, such as preserving wildlife habitat corridors, extending natural features with off-site connections, preserving mature forest and native vegetation, trail connections, and passive open space opportunities.
B. DESIGN STANDARDS
i. Open space tracts should not be provided for the purposes of reducing development costs, in cases where they prohibit necessary street or non-motorized connections, or where a clear public benefit is lacking.
ii. Open space tracts should be provided on lands that have existing mature forest and native vegetation.
iii. Open space tracts must be accessible as passive open space unless determined to be infeasible or unsafe.
5. Buffers
A. DESIGN INTENT
To integrate buffers into the design of neighborhoods and homesites that contribute positively to the character of Sammamish for all developments.
B. DESIGN STANDARDS
i. Buffers should maximize the preservation of mature forest and native vegetation when determining the appropriate locations.
ii. Where there is no mature vegetation, buffers should be landscaped with substantial drought-tolerant native vegetation that will provide a year-round screen between traffic and homes. Pedestrian trails are allowed in buffers.
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iii. Buffers should provide benefits to individual homesites such as increased privacy, shading, minimized noise impacts, improved mobility for non-motorized travel, and improved aesthetics.
6. Recreation + Trails
A. DESIGN INTENT
To maximize opportunities for recreation and trails, enhance neighborhood connectivity and expand access to recreation land and facilities.
B. DESIGN STANDARDS
i. Proposed trails must be designed to connect to adjacent properties where opportunities exist now or in the future and must be publicly accessible at all times.
ii. Recreation areas must be accessible and provide passive or active recreational opportunities.
iii. Trails must be designed to be compatible with adjacent development, including providing safe and convenient trail access along the route.
iii. Trails must be designed in accordance with City engineering standards. Ownership and management may be taken over by the City at their discretion.
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21.30.300.D Parcels and Sites
1. Design Intent
Layout of parcels and sites creates long-term development patterns for the city and should be forward-looking and stand the test of time. Parcel and site layout should address the needs of residents, alignment with goals for the larger community, connectivity, mobility and environmental stewardship.
2. Design Standards
a. Design parcels and sites to minimize the need for clearing and grading, and to preserve mature forest and native vegetation where feasible.
b. The size, dimensions, and orientation of parcels must accommodate development that meets site design standards such as the Floor to Area (FAR) ratio, driveway width standards, parking design and location standards, and landscape frontage requirements.
c. Through lots with two street frontages are prohibited (unless in cases of hardship or provisions of ADUs). Alleys and open spaces are not considered a street frontage.
21.30.300.E Parking
1. Design Intent
The design intent of parking is to right-size the total amount of parking provided through neighborhood design, including on- and off-street parking. Design on-street parking to be compatible with adjacent development, pedestrian-oriented, and not oversized for anticipated traffic and parking volumes.
2. Parking Program Analysis
All development applications subject to the Neighborhood Design Standards must provide a parking program analysis summary showing the location and amount of on- and off-street parking proposed, including the number of stalls provided per dwelling unit. All parking, including in garages, must be factored into the parking program analysis.
3. Design Standards
a. Provide no more than 200% of the off-street parking requirement within the neighborhood, unless waived by the City upon determination that additional parking is warranted based on information submitted by the applicant for a neighborhood-specific analysis.
b. Where uninterrupted parallel on-street parking is not warranted by the parking program analysis, provide bulb outs with landscaping and street trees between parking pockets.
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c. Design off-street parking to minimize aesthetic impacts on the street frontage such as setting the parking back behind the face of the building, utilizing alleys, landscaping buffers, and narrow single-lane driveway widths.
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21.30.300.F Arterial Street Frontages
1. Design Intent
People experience Sammamish through traveling along the city’s arterials. Development alongside these arterials is expected to retain or replant edges that keep or improve the character of Sammamish as a community in harmony with its natural setting. Edge buffers also benefit residents of homes along arterials.
2. Arterial Street Typologies
3. Arterial Frontage Types
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Arterial frontage standards apply to all development in the R- Districts. The following arterial frontage types are permitted along designated arterial streets shown in the map above including major arterials, minor arterials, and collectors. All applicable development must incorporate one or more of the permitted frontage types on designated arterial streets. Designated arterial frontages apply for a minimum of 100’ from the edge of the arterial street public right-of-way. The 100’ distance may be reduced on projects less than 5 acres where application of the standards would reduce the project density as determined by the City based on information submitted by the applicant.
If the frontage area is provided in a separate open space tract, the land is counted towards the net developable area and overall project density in SMC 21A.25.080. If the 100’ distance needs to be expanded to accommodate the frontage type and it meets the intent of this section, the additional land also counts toward the net density and project density.
For existing parcels along arterial streets that do not have enough land to create a buffer the Front arterial frontage type must be used but may also incorporate the Retaining Wall frontage to accommodate sloped sites, in accordance with the standards below.
A. FOREST
Forest is the default frontage type on sites that have mature trees and native vegetation that can be preserved. If the arterial frontage is deforested, then reforestation is also an option consistent with the City of Sammamish’s Urban Forest Management Plan. Applicants must submit a reforestation plan by a certified arborist or other qualified expert for review and approval by the City.
B. STORMWATER/GREEN INFRASTRUCTURE
The stormwater/green infrastructure frontage type must be designed for both stormwater functions and as an open space amenity through the use of native vegetation and the incorporation of natural habitat features.
The diagram below shows a stormwater pond fronting on an arterial street with street trees, natural fencing, and native vegetation which serves as a visual and physical amenity.
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C. FRONT-FACING
For single-family homes on parcels or sites existing prior to December 31, 2021, the only permitted arterial frontage type is Front. Vehicle access must be from a non-arterial street unless determined infeasible by the City. The rear or side of a home is not permitted within 100’ from the edge of the arterial street public right-of-way.
D. LANDSCAPE
The landscape arterial frontage type is appropriate on sites that do not have existing mature trees and native vegetation. The landscape arterial frontage must screen the development on the remainder of the site within the first three years by using native vegetation. Landscape arterial frontage plans must be prepared by a licensed landscape architect in the State of Washington.
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e. Open Space
Open space with natural landscape features can provide for a variety of functions including for wildlife habitat, active and passive recreation, trails, and can be integrated with stormwater and green infrastructure. The Open Space arterial frontage may be used to satisfy the requirements for on-site recreation requirements in SMC 21A.30.170 or be dedicated to the City for parks or open space at the City’s discretion.
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F. RETAINING WALL
On parcels and sites existing prior to December 31, 2021, the use a retaining wall may be an appropriate design on sloped sites. Retaining walls are limited to four feet in height, and the front of the house or unit must face the arterial street. Vehicle access must be taken from a non-arterial street unless determined to be infeasible by the City.
21.30.300.G Sustainable Site Planning
1. Compliance with Related Standards
a. All neighborhood design projects must demonstrate compliance with the 2016 King County Surface Water Manual (KCSWM), SMC Title 13 Surface Water Management, and the City’s Public Works Standards.
2. Design Intent
Sustainable site planning techniques maximize the use of natural systems and functions of the land, minimizing the need for stormwater infrastructure. Stormwater is addressed primarily through low-impact development techniques that rely primarily on evapotranspiration and infiltration.
3. Design Standards
a. Neighborhoods must be designed to maximize opportunities for low-impact development through sustainable site planning techniques including the preservation of natural features, restoration of native vegetation, and low-impact development for stormwater management.
b. Neighborhoods must be designed so that all individual parcels greater than 6,000 square feet retain and infiltrate all stormwater runoff on-site, unless determined to be infeasible due to soils or other factors based on information submitted by a qualified professional. Driveways may be exempt in cases where topography would prohibit retaining all runoff on-site. Techniques may include the use of natural drainage patterns, cisterns, rain gardens, infiltration swales, retaining natural vegetation, French drains, and similar measures. A registered Landscape Architect in the State of Washington shall develop the sustainable site plan for the application that addresses compliance with these standards.
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21.30.400 Planned Unit Developments (NEW)
21.30.400.A Purpose
Planned unit developments (PUD) are intended to provide flexibility in design to meet the goals of the City’s Comprehensive Plan such as increasing housing diversity, furthering the desired character of Sammamish, and protecting and enhancing natural features to promote sustainability.
21.30.400.B Applicability
PUDs are allowed as a permitted use in the R-1 through R-8 zones subject to meeting the design criteria.
21.30.400.C Modifications to Development Regulations
The following development regulations may be modified during the PUD review process if design criteria are satisfied.
1. Dimensional Standards except building height
2. Street Design
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3. Parking Requirements
4. Density
5. Regulations not subject to modification
a. Neighborhood design standards
b. Critical area regulations
c. Building codes
d. Clearing and grading
e. Land Uses (except as described below)
f. Tree Standards
g. Adequacy of Public Facilities and Services
21.30.400.D Residential Uses and Density
1. Residential density may exceed the number of units allowed in the underlying zoning district if the design criteria for PUDs are met and the total Floor to Area Ratio (FAR) for all lands included in net density calculations is not exceeded, unless bonus density through affordable housing is achieved. Residential unit types must be consistent with the permitted uses in the underlying R- zone.
Density Calculation: 10 acres of land included in density. 10 x 0.5 (FAR) = 217,800 of building square footage. The 217,800 square feet can be allocated to residential units and are not limited by the residential density limits in the underlying district if the planned development criteria are met.
2. Detached single-family dwellings may not exceed 85% of the total residential units provided. Accessory dwelling units may qualify for the 15% of required non-single-family units (exclusive of the principal dwelling) if constructed with a single-family home.
3. Affordable Housing Floor to Area Ratio Bonus. The square footage of each perpetually affordable unit shall be exempt from the FAR limits and provide an FAR bonus equal to the square footage of the affordable unit. The FAR bonus shall be limited to 20% of the base FAR.
21.30.400.F Neighborhood Service Uses
Up to 10,000 sq ft of neighborhood serving retail, daycare, or restaurant/café space may be approved as part of planned development if other criteria are met.
21.30.400.E Planned Development Review
1. Planned developments are a Type III application with a review and recommendation from the director to the Hearing Examiner who makes the final decision.
2. Neighborhood Meeting. A neighborhood meeting in accordance with SMC 20.05.030 is required.
3. Conceptual review. Conceptual review is required prior to final approval. Concept plans are reviewed initially by the director and submitted with the final application to the Hearing Examiner.
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Applicants must submit all the required application materials for conceptual review in the submittal requirements maintained by the City. The City maintains a list of application materials and may require additional materials as necessary to verify conformance with the planned development review criteria. Conceptual review must include at a minimum the following materials:
a. A context map showing existing conditions for the project site including parcel(s),
any development, trees and vegetation, topography, adjacent development,
streets and connections, critical areas, and other natural and manmade
features;
b. An illustrated site plan that shows the general layout of streets, parcels, buildings,
open space, any critical areas and buffers, the presence of natural features, and
any other built features of the proposed development;
c. A narrative explaining how the proposal satisfies or exceeds the review criteria
for planned unit developments. It is expected that the proposal represents a
superior design than the underlying development standards with enhanced
public benefits;
d. A summary of all proposed uses and residential unit types with a calculation
showing the proposal is in conformance the requirements of 21.30.400.D;
e. Conceptual architectural building elevations or 3d models showing proposed
massing, style(s), and materials;
f. A summary of all requested modifications to development regulations and a
description of how the modifications are consistent with the purposes of the
planned development criteria; and
g. A conceptual phasing plan, if applicable
4. Open House. An open house in accordance with SMC 20.05.037 is required.
5. Final Review. Final review of planned development applications shall follow the Type III process for plats including all application materials required for a preliminary plat. The final decision shall include findings of fact detailing whether the project meets the decision criteria for approval.
6. Modifications to Planned Developments. Minor amendments may be approved administratively by the director and major amendments shall be reviewed as a new application. Applications are considered minor if they meet the following criteria:
a. Does not increase the number of units or land uses;
b. Does not increase the intensity of land uses (i.e. single-family to townhouse);
c. Does not decrease the amount of open space provided;
d. Does not increase the size of block sizes;
e. Does not reduce street or non-motorized connections;
f. Does not include a request for further modifications to development regulations; and
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g. Does not significantly alter the overall design of the Planned Development.
21.30.400.F Decision Criteria
Planned developments must meet the following criteria for approval:
1. The planned development is a superior design compared to the regulations for
the underlying zone and furthers the goals of the City’s Comprehensive Plan.
2. The planned development provides clear public benefits that exceed a
standard development proposal, examples of which might include:
a. The planned development preserves and/or restores natural features and
ecological functions on the site including mature forest, steep slopes,
native vegetation, and other features.
b. The design of streets, parcels, and buildings is superior compared to the
underlying development standards in the zone. The design furthers goals
for neighborhood connections for vehicles and non-motorized travel,
transitions to adjacent properties and developments that minimize
impacts, and furthers the desired character of Sammamish.
c. The project provides publicly accessible open space such as parks, trails,
natural areas, or other types of open space.
d. A range of housing types including detached single-family, accessory
dwelling units, duplexes, and townhouses are included.
3. The Planned Development provides an appropriate transition to adjacent
properties that minimizes any potential adverse impacts through techniques such
as buffers, forest preservation, restoration of natural features, integration of open
space and trails, and landscaping.
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16.15.050 Clearing and grading permit required – Exceptions.
All clearing and grading activities must be associated with an approved land use and exceptions do not apply to
properties that are undeveloped and do not have an approved land use. No clearing and grading activities may occur
on undeveloped properties without a permit associated with an approved land use. On sites without an approved land
use the removal of hazardous trees, invasive species, and noxious weed is allowed with issuance of a clearing and
grading permit. For parcels in the R- zones clearing and grading may not occur until a building permit has been issued.
Regardless of the exceptions any clearing and grading activity involving more than 1,000 square feet of land
disturbance and/or 5 cubic yards of material shall require a permit and drainage review. Land disturbance includes the
removal of forest understory and native vegetation. In critical drainage areas the threshold for a permit shall be 200
square feet of land disturbance or the additional or removal of 2 cubic yards of material.
For development or clearing and grading activity located within critical areas and associated regulatory buffers as
defined by Chapter 21A.50 SMC, no person shall do any clearing or grading without first having obtained a clearing
and grading permit, unless exempted below. For development or clearing and grading activity located outside of
critical areas and associated regulatory buffers as defined by Chapter 21A.50 SMC, no person shall do any clearing
or grading without first having obtained a clearing and grading permit except for the following, if associated with an
approved land use:
(1) An on-site excavation or fill for basements and footings of a building, retaining wall, parking lot, or other structure
authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation nor
exempt any excavation having an unsupported height greater than four feet after the completion of such structure;
(2) Maintenance of existing driveways or private access roads, including in critical areas and buffers, within their
existing road prisms; provided, that the performance and restoration requirements of this chapter are met and best
management practices are utilized to protect water quality;
(3) Any grading within a publicly owned road right-of-way;
(4) Clearing or grading by a public agency for the following routine maintenance activities:
(a) Roadside ditch cleaning, provided the ditch does not contain salmonids;
(b) Pavement maintenance;
(c) Normal grading of gravel shoulders;
(d) Maintenance of culverts;
(e) Maintenance of flood control or other approved surface water management facilities;
(f) Routine clearing within road right-of-way;
(5) Cemetery graves;
(6) Any clearing or grading that has been approved by the director as part of a commercial site development permit
and for which a financial guarantee has been posted;
(7) The following activities are exempt from the clearing requirements of this chapter and no permit shall be required:
(a) Normal and routine maintenance of existing lawns and landscaping, including up to 50 cubic yards of top
soil, mulch, or bark materials added to existing landscaped areas;
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(b) Normal and routine horticultural activities associated with commercial orchards, nurseries, or Christmas tree
farms subject to the limitations on the use of pesticides in critical areas as set out in Chapter 21A.50 SMC. This
does not include clearing or grading in order to develop or expand such activities;
(c) Normal and routine maintenance of existing public park properties and private and public golf courses;
(d) Pruning and limbing of vegetation for maintenance of above-ground electrical and telecommunication
facilities;
(8) The cutting and removal of any coniferous trees of less than eight inches DBH or any deciduous trees of less than
12 inches DBH on sites with an approved land use unless required to be protected by a previous permit approval;
(9) The pruning, limbing, and general maintenance of trees outside of environmentally critical areas and buffers,
consistent with the requirements of Chapter 21A.37 SMC;
(10) An excavation that is less than two feet in depth or does not create a cut slope greater than four feet in height and
steeper than one unit vertical in two units horizontal (66.7 percent slope), that does not exceed 50 cubic yards on any
one lot and does not obstruct a drainage course;
(11) A fill less than one foot in depth and placed on natural terrain with a slope flatter than one unit vertical in five
units horizontal (20 percent slope), or less than three feet in depth, not intended to support structures, that does not
exceed 50 cubic yards on any one lot and does not obstruct a drainage course;
(12) Normal routine maintenance of existing single-family drainage systems, including but not limited to excavation
to replace existing pipes, catch basins and infiltration trenches, that does not exceed 50 cubic yards on any one lot and
does not obstruct a drainage course; and
(13) Installation of sanitary septic systems with King County health district approval and inspection. (Ord. O2019-
482 § 1 (Att. A); Ord. O2009-249 § 1; Ord. O2005-193 § 2, 2005; Ord. O2005-175 § 1; Ord. O2004-149 § 2; Ord.
O2003-132 § 2)
(14) The following exemptions apply in critical areas and buffers that are already developed and publicly owned
such as existing streets, pedestrian paths, and trails. All non-exempt activities including any new development
requires a clearing and grading permit.
(a) Roadside ditch cleaning on publicly owned roads, provided the ditch does not contain salmonids;
(b) Pavement maintenance within a publicly owned right-of-way;
(c) Normal grading of gravel shoulders within a developed and publicly owned right-of-way;
(d) Maintenance of publicly owned culverts;
(e) Maintenance of flood control or other approved surface water management facilities;
(f) Routine clearing within a public road right-of-way;
(g) Normal maintenance in a publicly owned park
16.15.070 Permit requirements.
Except as exempted in SMC 16.15.050, no person shall do any clearing or grading without first obtaining a clearing
and grading permit from the director. A separate permit shall be required for each site and may cover both excavations
and fills.
(1) Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished
for that purpose. The director shall prescribe the form by which application is made. No application shall be accepted
unless it is completed consistent with the requirements of this chapter and the permit process and procedures chapter
of SMC Title 20. In addition to the requirements of SMC 20.05.040 every application shall:
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(a) Identify and describe the work to be covered by the permit for which application is made;
(b) Describe the land on which the proposed work is to be done, by lot, block, tract, and house and street address,
or similar description that will readily identify and definitely locate the proposed site;
(c) Identify and describe those critical areas as defined in Chapter 21A.50 SMC on or adjacent to the site;
(d) Indicate the estimated quantities of work involved;
(e) Identify any clearing restrictions contained in SMC 16.15.120, wildlife habitat corridors pursuant to Chapter
21A.30 SMC, critical drainage areas established by administrative rule or property-specific development
standards pursuant to SMC 21A.50.225;
(f) Be accompanied by plans and specifications as required in subsections (2) and (3) of this section;
(g) Designate who the applicant is, on a form prescribed by the department, except that the application may be
accepted and reviewed without meeting this requirement when a public agency or public or private utility is
applying for a permit for property on which the agency or utility does not own an easement or right-of-way and
the following three requirements are met:
(i) The name of the agency or public or private utility is shown on the application as the applicant;
(ii) The agency or public or private utility includes in the complete application an affidavit declaring that
notice of the pending application has been given to all owners of property to which the application applies,
on a form provided by the department; and
(iii) The form designating the applicant is submitted to the department prior to permit issuance; and
(iv) Reference to the approved land use permit or related land use permit application. Clearing and grading
of sites without an approved land use permit is prohibited.
(h) File a critical areas affidavit regarding the presence or absence of critical areas on the site. Based on the
response on the critical areas affidavit the Director may require a critical areas letter or report to be submitted by
a qualified professional regarding whether there are critical areas and/or buffers on the site. A critical areas letter
may be appropriate for sites in the R- zones that are less than 1-acre in size whereas a critical areas report is
appropriate for larger sites and more intense clearing and grading activities.
(i) Give such other information as may be required by the director.
(2) Plans and Specifications. When required by the director, each application for a grading permit shall be
accompanied by six sets of plans and specifications and other supporting data as may be required. The plans and
specifications shall be prepared and signed by a civil engineer or landscape architect registered to practice in the state
of Washington when required by the director; provided, the director may require additional studies prepared by a
qualified soils specialist. If the plans and specifications are returned as a result of permit denial or any other reason,
they shall be returned to the applicant.
(3) Information on Plans and in Specifications. Plans shall be drawn to an engineer’s scale upon substantial paper or
cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that
the plans will conform to the provisions of this chapter and all other relevant laws, rules, regulations, and standards.
The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the
name of the person by whom the plans were prepared. The plans shall include the following minimum information:
(a) General vicinity of the proposed site;
(b) Property limits and accurate contours of existing ground and details of terrain and area drainage;
(c) Limiting dimensions, elevations, or finished contours to be achieved by the grading, proposed drainage
channels, and related construction;
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(d) Location of all proposed cleared areas;
(e) Location of any open space tracts or conservation easements if required pursuant to:
(i) SMC 16.15.120;
(ii) Chapter 21A.30 SMC;
(iii) Critical drainage area; or
(iv) Property-specific development standards pursuant to Chapter 21A.85 SMC;
(f) Calculations of the total proposed area cleared on site as a percentage of the total site area;
(g) Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds,
and other protective devices to be constructed with or as a part of the proposed work, together with the maps
showing the drainage area and the estimated runoff of the area served by any drains;
(h) A determination of whether drainage review applies to the project pursuant to Chapter 9.04 KCC as adopted
by SMC Title 13, and, if applicable, all drainage plans and documentation consistent with King County surface
water design manual requirements;
(i) Location of any buildings or structures on the property where the work is to be performed and the location of
any buildings or structures on land of adjacent owners that are within 50 feet of the property or that may be
affected by the proposed grading operations;
(j) The location of all critical areas and buffers on the site;
(k) Other information as may be required by the director; and
(lk) If the clearing or grading is proposed to take place in or adjacent to a sensitive area as regulated in Chapter
21A.50 SMC, provide information as required by that chapter.
(4) Granting of Permits.
(a) The director shall determine if the proposed grading will adversely affect the character of the site for present
lawful uses or with the future development of the site and adjacent properties for building or other purposes as
indicated by the interim comprehensive plan, the shoreline master program, and the development code.
(b) After an application has been filed and reviewed, the director shall also ascertain whether such grading work
complies with the other provisions of this chapter. If the application and plans so comply, or if they are corrected
or amended so as to comply, the director may issue to the applicant a grading permit. A grading permit shall be
valid for the number of days stated in the permit but in no case shall the period be more than two years; provided,
that when operating conditions have been met, the permit may be renewed every two years, or less if a shorter
approval and/or renewal period is specified by the director.
(c) No grading permit shall be issued until approved by federal, state, and local agencies having jurisdiction by
laws or regulations.
(d) Upon approval of the application and issuance of the grading permit, no work shall be done that is not provided
for in the permit. The director is authorized to inspect the premises at any reasonable time to determine if the
work is in accordance with the permit application and plans.
(e) The permits from the director shall be required regardless of any permits issued by any other department of
City government or any other governmental agency who may be interested in certain aspects of the proposed
work. Where work for which a permit is required by this chapter is started or proceeded with prior to obtaining
the permit, the violator shall be subject to such civil penalties as provided in Chapter 23.40 SMC. However, the
payment of such civil penalties shall not relieve any persons from fully complying with the requirements of this
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chapter in the execution of the work nor from any other penalties prescribed thereon. (Ord. O2009-249 § 1; Ord.
O2003-132 § 2)
16.15.090 Operating conditions and standards of performance.
(1) Any activity that will clear, grade, or otherwise disturb the site, whether requiring a clearing or grading permit or
not, shall provide erosion and sediment control (ESC) that prevents, to the maximum extent possible, the transport
of sediment from the site to drainage facilities, water resources, and adjacent properties. Erosion and sediment
controls shall be applied as specified by the temporary ESC measures and performance criteria and implementation
requirements in the City’s erosion and sediment control standards.
(2) Cuts and fills shall conform to the following provisions unless otherwise approved by the director:
(a) Grading.
(i) Excavation. Excavation shall not exceed 10 feet.
(ii) Fill. Fill shall not exceed five feet.
(iii) Deviations. Deviation from excavation and fill limits shall be allowed as part of the review of a Type
1, Type 2 or Type 3 permit application to accommodate instances where driveway access would exceed 15
percent slope if additional fill is not permitted; where the five-foot fill maximum generally is observed but
limited additional fill is necessary to accommodate localized undulations or variations in existing
topography; where necessary to achieve a balance of excavation and fill associated with a project; or
where a building foundation, access grade, drainage, or other necessary component of a proposed structure
or infrastructure is determined infeasible. Deviations from the excavation and fill limits shall be subject to
the following limitations:
(A) The proposed deviation is the minimum necessary to resolve the design conflict or allow a balance
of excavation and fill as demonstrated through written engineering analysis prepared by a qualified
consultant and verified by the City;
(B) The proposed deviation will not result in impact to the root zone and tree protection areas required
for retained significant trees under SMC 21A.37.270;
(C) All excavation or fill deviations shall be located outside of required structure setbacks; and
(D) All fill in excess of four feet shall be engineered.
(E) Subdivisions shall be designed to minimize the need for excavation and fill beyond the limits on
individual parcels. For parcels created after December 31, 2021 applicants must demonstrate that the
need for additional excavation and fill cannot be alleviated by increasing the parcel size, shifting the
locations of buildings and improvements, altering the building design, or other similar measures.
(iv) Exceptions. The excavation and fill limitations of this subsection shall not apply to road construction,
necessary underground infrastructure, and structures that do not change the surface elevation (e.g., vaults,
utility trenches, foundations, basements, etc.).
(b) Permit Approval. On sites where development is proposed or anticipated, land clearing shall not take place
until a construction permit is approved, addressing all land use requirements and presenting final engineering
design consistent with applicable development standards and adopted Public Works Standards.
(c) Slope. No slope of cut and fill surfaces shall be steeper than is safe for the intended use and shall not exceed
two horizontal to one vertical, unless otherwise approved by the director.
(d) Erosion Control. All disturbed areas including faces of cuts and fill slopes shall be prepared and maintained
to control erosion in compliance with subsection (1) of this section.
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(e) Preparation of Ground. The ground surface shall be prepared to receive fill by removing unsuitable material
such as concrete slabs, tree stumps, brush, and car bodies.
(f) Fill Material. Except in an approved sanitary landfill, only earth materials that have no rock or similar
irreducible material with a maximum dimension greater than 18 inches shall be used.
(g) Drainage. Provisions shall be made to:
(i) Prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face
of a fill;
(ii) Carry any surface waters that are or might be concentrated as a result of a fill or excavation to a natural
watercourse, or by other means approved by the City engineer.
(h) Bench/Terrace. Benches, if required, at least 10 feet in width shall be back-sloped and shall be established
at not more than 25 feet vertical intervals to control surface drainage and debris. Swales or ditches on benches
shall have a maximum gradient of five percent.
(i) Access Roads – Maintenance. Access roads to grading sites shall be maintained and located to the
satisfaction of the City engineer to minimize problems of dust, mud, and traffic circulation.
(j) Access Roads – Gate. Access roads to grading sites shall be controlled by a gate when required by the
director.
(k) Warning Signs. Signs warning of hazardous conditions, if such exist, shall be affixed at locations as
required by the director.
(l) Fencing. Fencing, where required by the director, to protect life, limb, and property, shall be installed with
lockable gates that must be closed and locked when not working the site. The fence must be no less than five
feet in height and the fence material shall have no horizontal opening larger than two inches.
(m) Setbacks. The tops and the toes of cut and fill slopes shall be set back from property boundaries as far as
necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of
the slopes.
The tops and the toes of cut and fill slopes shall be set back from structures as far as is necessary for adequacy
of foundation support and to prevent damage as a result of water runoff or erosion of the slopes.
Slopes and setbacks shall be determined by the director.
(n) Excavations to Water-Producing Depth. All excavations must either be made to a water-producing depth or
grade to permit natural drainage. The excavations made to a water-producing depth shall be reclaimed in the
following manner:
(i) The depth of the excavations must not be less than two feet measured below the low water mark.
(ii) All banks shall be sloped to the water line no steeper than three feet horizontal to one foot vertical.
(iii) All banks shall be sloped from the low-water line into the pond or lake with a minimum slope of three
feet horizontal to one foot vertical to a distance of at least 25 feet.
(iv) In no event shall the term “water-producing depth” as herein used be construed to allow stagnant or
standing water to collect or remain in the excavation.
(v) The intent of this provision is to allow reclamation of the land that will result in the establishment of a
lake of sufficient area and depth of water to be useful for residential or recreational purposes.
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(o) Hours of Operation. Hours of operation, unless otherwise authorized by the director, shall be between 7:00
a.m. and 7:00 p.m. (Ord. O2019-482 § 1 (Att. A); Ord. O2003-132 § 2)
16.20.222 Pre-Construction Meeting
A pre-construction meeting is required prior to the issuance of any building permit that is related to a land use permit
or development code review through the Community Development Department unless waived by the Director. The
purpose of the pre-construction meeting is to ensure consistency between land use and building permits, to review the
applicant’s construction management plan, to review permit conditions, and ongoing communication with the
surrounding neighborhood during construction to address any potential impacts.
16.20.240 Suspension or revocation.
The building official or designee is authorized to suspend or revoke a permit issued under the provisions of this code
and Chapter 16.05 SMC wherever the permit is issued in error, or on the basis of incorrect, inaccurate or incomplete
information, or in violation of any ordinance or regulation of the City of Sammamish or any of the provisions of this
code and Chapter 16.05 SMC, or if the permitted structure is being constructed in violation of the permit, permit
conditions, or in violation of any ordinance or regulation of the City of Sammamish or any of the provisions of this
code and Chapter 16.05 SMC. Applicants shall immediately cease all work if the permit is suspended via issuance of
a stop work order. The City may enforce violations of the permit and permit conditions even after the permit has
expired if it is determined that work was completed that was not in conformance with the approved permit. Compliance
may require the submittal of a new permit application to remedy all violations and work may not restart until the stop
work order is revoked. (Ord. O2017-440 § 1 (Att. A); Ord. O2016-409 § 1 (Att. B); Ord. O2013-345 § 1 (Att. A);
Ord. O2010-283 § 1 (Att. A); Ord. O2004-148 § 3)
16.20.365 Financial Guarantee. Projects that include the following components must provide a financial
guarantee in the amounts listed below. Any violation related to a financial guarantee shall forfeit the guarantee in
addition to any fines. The financial guarantee is released to the applicant following approval of a final inspection.
(a) Erosion Control: $2,500 for projects under 1 acre; $10,000 for projects between 1-5
acres; and $20,000 for projects over five acres.
(b) Tree Protection: $5,000 per tree
(c) Clearing Limits related to a clearing and grading permit: $10,000 per acre;
16.20.300 Design professionals in responsible chargeand construction monitoring.
When it is required that documents be prepared by a qualified, registered design professional, the building official
shall be authorized to require the owner to engage and designate on the building permit application a registered design
professional or team of professionals such as architects, engineers, landscape architects, surveyors, planners,
stormwater engineers and other design specializations who shall act as the registered design professional in responsible
chargeto verify that construction was done in accordance with the approved plans. In the case of a team of professionals
the applicant shall designate the design professional lead and primary point of contact. The department may require
submittal of reports at any time during construction from the design professionals to verify compliance with approved
plans. If the circumstances require, the owner shall designate a substitute registered design professional in responsible
charge who shall perform the duties required of the original registered design professional. in responsible charge. The
building official shall be notified in writing by the owner if any of the registered design professionals in responsible
charge is changedchange or is unable to continue to perform the duties. The registered design professional lead in
responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others,
including phased and deferred submittal items, for compatibility with the design of the building. Where structural
observation is required by Chapter 17 of the IBC, the statement of special inspections shall name the individual or
firms who are to perform structural observation and describe the stages of construction at which structural observation
is to occur (see also duties specified in Section 1704 IBC). (Ord. O2017-440 § 1 (Att. A); Ord. O2016-409 § 1 (Att.
B); Ord. O2013-345 § 1 (Att. A); Ord. O2010-283 § 1 (Att. A); Ord. O2007-214 § 1; Ord. O2004-148 § 3)
23.100.010 Assessment schedule.
Code Enforcement Penalties:
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Infraction up to $5001,000
Stop Work Order up to $5001,000
Noncompliance:
1 – 15 days $100 up to $250 per day
16 – 31 days $250 up to $500 per day
31+ days $500 up to $1,000 per day (up to
$50,000 maximum0)
Violation of an approved permit and/or permit condition: $1,000
Environmental Damage/Critical Areas Violations:
Up to $25,000 plus the cost of restoration
Unlawful Tree Removal or Damage:
$1,500 per inch of diameter at breast height of tree removed or
damaged
$25 fee per sign illegally placed on public property or in the City’s
right-of-way.
(1) Civil fines and civil penalties for civil code violations shall be imposed for remedial purposes and shall be assessed
for each type of violation identified in a notice and order, VCA, stop work order, or infraction pursuant to this chapter.
(2) The penalties assessed pursuant to this chapter for failure to comply with the terms of a VCA are based on the
number of days of noncompliance, dating back to the date of the initial violation.
(3) Penalties based on violation of a stop work order shall be assessed, according to this chapter, for each day the
director determines that work or activity was done in violation of the stop work order.
(4) Infractions shall be subject to a one-time civil penalty as set forth in this chapter.
(5) Payment of a monetary penalty does not relieve the person responsible to whom the notice was issued of the duty
to correct the violation.
(6) In addition to the other penalties provided for in this chapter, any person responsible for a violation of Chapter
21A.50 SMC may be jointly and severally liable for site restoration for the redress of ecological, recreation, and
economic values lost or damaged and shall pay a civil penalty up to $25,000 plus restoration, based upon the severity
of the violation as documented in the City’s file.
For the purposes of this subsection, a violation of the critical areas ordinance means: the violation of any provision of
Chapter 21A.50 SMC; or the failure to obtain a permit required for work in a critical area; or the failure to comply
with the conditions of any permit, approval, terms, and conditions of any critical area tract or setback area, easement
or other covenant, plat restriction, or binding assurance or any notice and order, stop work order, mitigation plan,
contract or other agreement.
(7) Any person responsible for damage to or removal of a tree in violation of Chapter 21A.37 SMC shall be jointly
and severally liable for mitigation as described in SMC 23.100.015 and shall pay a civil penalty of $1,500 per inch of
diameter at breast height of tree removed or damaged.
(8) The civil penalties in this chapter are in addition to, and not in lieu of, any other penalties, sanctions, restitution,
or fines provided for in any other provisions of law. (Ord. O2017-436 (Att. A); Ord. O2016-408 § 1 (Att. A); Ord.
O2015-395 § 4 (Att. B); Ord. O2011-302 §2 (Att. A))
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23.100.015 Mitigation for unlawful tree removal.
(1) In addition to the monetary penalty outlined in SMC 23.100.010, any tree damaged or removed in violation of
Chapter 21A.37 SMC shall be subject to replacement. For the purpose of code enforcement, if a tree has been removed
and only the stump remains, the size of the tree shall be the diameter of the top of the stump. Mitigation measures
must comply with the standards specified in SMC 21A.37.280, Tree replacement standards, except that the number of
replacement trees for significant trees removed or damaged shall be as follows:
(a) Removed or damaged coniferous trees with a DBH equal to or greater than eight inches up to 12 inches shall
be replaced by four trees;
(b) Removed or damaged trees with a DBH equal to or greater than 12 inches up to 16 inches shall be replaced
by six trees; and
(c) Removed or damaged trees with a DBH of 16 inches or more shall be replaced by eight trees. (Ord. O2015-
395 § 4 (Att. B))
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20.05.020 Classifications of land use decision processes.
(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 Exhibit A of this section.
(a) Type 1 decisions are made by the director (director) of the department of community development
(department). Type 1 decisions are non-appealable administrative decisions that require the exercise of little or
no administrative discretion. For Type 1 decisions for which the department has issued a SEPA threshold
determination, the issuance of any subsequent permits shall not occur until any allowed administrative appeal of
the SEPA threshold determination is decided.
(b) Type 2 decisions are made by the director, or his or her designee. Type 2 decisions are discretionary decisions
that are subject to administrative appeal in accordance with applicable provisions of law or ordinance.
(c) Type 3 decisions are quasi-judicial decisions made by the hearing examiner following an open record hearing.
Type 3 decisions may be appealed to superior court.
(d) Type 4 decisions are quasi-judicial decisions made by the hearing examiner. Type 4 decisions may be
appealed to the State Shoreline Hearings Board.
(2) Except as provided in SMC 20.15.130(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 Chapter 20.15 SMC are supplemental to the procedures
set forth in this chapter.
Exhibit A
LAND USE DECISION TYPE
Type 1 Decision by director, no administrative appeal
Building; clearing and grading; boundary line adjustment; temporary use; TDR sending site certification; [MAJOR – second story]accessory structures over 200 sq ft or with
electricity and plumbing; right-of-way; road variance except those rendered in conjunction
with a subdivision or short plat decision1; variance from the requirements of Chapter 9.04 KCC as adopted by SMC Title 13; shoreline exemption; approval of a conversion harvest
plan; temporary homeless encampment permit2
Type 2 Decision by director appealable to hearing examiner, no further
administrative appeal
Short plat; road variance decisions rendered in conjunction with a short plat decision; zoning variance; conditional use permit; procedural and substantive SEPA decision; site
development permit; approval of residential density incentives; new or reuse of public or
private schools; reasonable use exceptions under SMC 21A.50.070(2); preliminary determinations under SMC 20.05.030(3); critical areas exceptions and decisions to require
studies or to approve, condition or deny a development proposal based on the requirements
of Chapter 21A.50 SMC; binding site plan; unified zone development plan under Chapter 21B.95 SMC3
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Type 3 Recommendation by director, hearing and decision by hearing
examiner appealable to superior
court
Preliminary plat; plat alterations; preliminary plat revisions; plat vacations; zone reclassifications4; urban planned developmentUnified Zone Development Plan under
Chapter 21B.95 SMC; special use
Type 4 Recommendation by director,
hearing and decision by hearing
examiner appealable to the State Shoreline Hearings Board
Shoreline variances; shoreline substantial development permits (SSDPs); shoreline
conditional use permits
1 The road variance process is administered by the City engineer pursuant to the City’s street standards as set forth in the public works standards.
2 Subject to the notice requirements of SMC 21A.70.195(4).
3 Subject also to the procedural requirements of SMC 20.05.037 and Chapter 21B.95 SMC.
4 Approvals that are consistent with the interim comprehensive plan may be considered by the examiner at any time. Zone reclassifications that are
not consistent with the interim comprehensive plan require a site-specific land use map amendment and the City council’s hearing and consideration
will be scheduled with the amendment to the interim comprehensive plan pursuant to SMC 24.25.040 and 24.25.050.
(Ord. O2016-410 § 1 (Att. A); Ord. O2014-372 § 1; Ord. O2011-297 § 1 (Att. A); Ord. O2010-293 § 1 (Att. A); Ord.
O2009-249 § 1; Ord. O2004-150 §§ 1 – 4; Ord. O2000-63 §§ 1, 2, 3; Ord. O99-29 § 1)
20.05.035 Neighborhood meetings.
(1) The applicant for a subdivision, short subdivision, planned unit development 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. Such a public meeting is not a mediation, and any party who participates in such a meeting
may still request mediation in accordance with SMC 20.20.060 and the provisions of the City land use mediation
program. 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 19A.04.030.
21B.05.110 Administration and review authority.
(1) The director shall have authority to make decisions regarding Town Center development proposals. Unified zone
development plans shall be classified as a Type 2 3 land use application in accordance with SMC Title 20 and Chapter
21B.95 SMC. All other applications shall be processed in accordance with their applicable SMC Title 20 classification.
(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 Chapter 20.05 SMC, 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 Chapter 21A.100 SMC. 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 Titles
20 and 21A and this title.
(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. (Ord. O2010-293 § 1
(Att. A § 21B.05.090))
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20.05.060 Notice of application.
(1) A notice of application shall be provided to the public for all land use permit applications requiring Type 2, 3 or 4
decisions or Type 1 decisions subject to SEPA pursuant to this sectionthat meet the thresholds in 20.05.030(2).
(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:
(a) The file number;
(b) The name of the applicant;
(c) The date of application, the date of the notice of completeness and the date of the notice of application;
(d) A description of the project, the location, a list of the permits included in the application and the location
where the application and any environmental documents or studies can be reviewed;
(e) A site plan on eight-and-one-half-by-14-inch paper, if applicable;
(f) The procedures and deadline for filing comments, requesting notice of any required hearings, and any appeal
procedure;
(g) The date, time, place, and type of hearing, if applicable and scheduled at the time of notice;
(h) The identification of other permits not included in the application to the extent known;
(i) The identification of existing environmental documents that evaluate the proposed project;
(j) A statement of the preliminary determination, if one has been made, of those development regulations that
will be used for project mitigation and of consistency with applicable City plans and regulations.
(5) Notice shall be provided in the following manner:
(a) Posted at the project site as provided in subsections (6) and (9) of this section;
(b) Mailed by first class mail as provided in subsection (7) of this section; and
(c) Published as provided in subsection (8) of this section.
(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:
(a) A single notice board shall be posted for a project. This notice board may also be used for the posting of the
notice of decision and notice of hearing and shall be placed by the applicant:
(i) At the midpoint of the site street frontage or as otherwise directed by the department for maximum
visibility;
(ii) Five feet inside the street property line except when the board is structurally attached to an existing
building; provided, that no notice board shall be placed more than five feet from the street property without
approval of the department;
(iii) So that the top of the notice board is between seven to nine feet above grade; and
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(iv) Where it is completely visible to pedestrians.
(b) Additional notice boards may be required when:
(i) The site does not abut a public road;
(ii) A large site abuts more than one public road; or
(iii) The department determines that additional notice boards are necessary to provide adequate public
notice.
(c) Notice boards shall be:
(i) Maintained in good condition by the applicant during the notice period through the time of the final City
decision on the proposal, including the expiration of any applicable appeal periods, and for decisions that
are appealed, through the time of the final resolution of any appeal;
(ii) In place at least 28 days prior to the date of any required hearing for a Type 3 or 4 decision, or at least
14 days following the department’s determination of completeness for any Type 2 decision; and
(iii) Removed within 14 days after the end of the notice period.
(d) Removal of the notice board prior to the end of the notice period may be cause for discontinuance of City
review until the notice board is replaced and remains in place for the specified time period.
(e) An affidavit of posting shall be submitted to the department by the applicant within 14 days following the
department’s determination of completeness to allow continued processing of the application by the department.
(f) Notice boards shall be constructed and installed in accordance with this subsection, and any additional
specifications promulgated by the department pursuant to Chapter 2.55 SMC, Rules of City Departments. The
director shall maintain specifications and design templates for notice boards which may differ by application
type. Notice boards should be scaled appropriately to the site and project including smaller notice boards for
Type 1 applications including new single-family dwellings. All sign boards shall be a minimum of 24”x36”
unless specified by the director based on site specific conditions.
(7) Mailed notice for a proposal shall be sent by the department within 14 days after the department’s determination
of completeness:
(a) By first class mail to owners of record of property in an area within 1,000 feet of the site and, if the site lies
within an erosion hazards near sensitive water bodies overlay, to owners of record of property within a 2,000-
foot-wide column centered at the site and extending directionally with the natural drainage of the basin to the
perimeter of the overlay or to the Lake Sammamish shoreline, as determined by the director; provided, that such
area shall be expanded as necessary to send mailed notices to at least 20 different property owners;
(b) To any utility that is intended to serve the site;
(c) To the State Department of Transportation, if the site adjoins a state highway;
(d) To the affected tribes;
(e) To any agency or community group that the department may identify as having an interest in the proposal;
(f) Be considered supplementary to posted notice and be deemed satisfactory despite the failure of one or more
owners to receive mailed notice; and
(g) For preliminary plats only, to all cities within one mile of the proposed preliminary plat.
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(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. in the official City newspaper.
(9) Posted Notice for Approved Formal Subdivision Engineering Plan, Clearing or Grading Permits Subject to SEPA,
or Building Permits Subject to SEPA. Posted notice for approved formal subdivision engineering plans, clearing or
grading permits subject to SEPA, or building permits subject to SEPA shall be a condition of the plan or permit
approval and shall consist of a single notice board posted by the applicant at the project site, prior to construction as
follows:
(a) Notice boards shall comport with the size and placement provisions identified for construction signs in SMC
21A.45.070(3);
(b) Notice boards shall include the following information:
(i) Permit number and description of the project;
(ii) Projected completion date of the project;
(iii) A contact name and phone number for both the department and the applicant; and
(iv) Hours of construction, if limited as a condition of the permit;
(v) Information on how to receive regular projects updates such as a website, email list, or other online
platform. The City may provide a platform for use by applicants to provide regular updates to applicants
during site development and construction. Applicants must provide updates at least weekly.
(c) Notice boards shall be maintained in the same manner as identified in subsection (6) of this section;
(d) Notice boards shall remain in place until final construction approval is granted. Early removal of the notice
board may preclude authorization of final construction approval. (Ord. O2016-415 § 4 (Att. C); Ord. O2016-413
§ 6 (Att. E); Ord. O99-29 § 1)
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20.05.030 Feasibility conferenceProject Guidance – Preapplication conference.
(1) Prior to the filing of a land use application, applicants shall contact the department for a feasibility
conferenceproject guidance and shall subsequently request a preapplication conference with the department as
provided by subsections (2) and (3) of this section.
(a) Feasibility ConferenceProject Guidance Submittal. All application types must complete the project guidance
form and required attachments before scheduling the preapplication conference unless below the development
thresholds identified in subsection (2) of this section. The purpose of the feasibility conference project guidance
is to provide general information and next steps prior to the discuss the general scope of the proposed project
prior to the preapplication conference. The feasibility conference may be an informal conversation between the
department and the applicant.
(b) Preapplication Conference. The purpose of the preapplication conference is to review and discuss the
application requirements with the applicant and provide comments on the development proposal. The
preapplication conference shall be scheduled by the department, at the request of an applicant, and shall be held
in a timely manner within 30 days from the date of the applicant’s request. The director may waive the
requirement for a preapplication conference if it is determined to be unnecessary for review of an application.
Except as provided in subsection (5) of this section, nothing in this section shall be interpreted to require more
than one preapplication conference or to prohibit the applicant from filing an application if the department is
unable to schedule a preapplication conference within 30 days following the applicant’s request. The provisions
of subsections (2) through (5) of this section apply only to the preapplication conference and not to the feasibility
conference.
(2) The applicant shall contact the department to schedule a preapplication conference prior to filing a permit
application for a Type 1 decision involving any of the following:
(a) Property that will have 5,000 square feet or greater of development and/or right-of-way improvements; or
(b) Property in a critical drainage area; or
(c) Property that has a wetland, steep slope, landslide hazard, or erosion hazard; or
(d) Single-family residences and accessory buildings directly impacting critical areas and/or their buffers;
(e) All new single-family homes or residential dwellings on lots created prior to December 31, 2020; or
(f) All projects subject to SEPA review
provided, that the provisions of this subsection shall not apply to structures where all work is in an existing building
and no parking is required or added.
(3) Prior to filing a permit application requiring a Type 2, 3 or 4 decision, the applicant shall contact the department
to schedule a preapplication conference that shall be held prior to filing the application, except as provided in
subsection (1)(b) of this section.
(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 19A.04.030.
(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 for de
minimus deviations or if it is determined to be unnecessary for review of an application.
(6) At or subsequent to a preapplication conference, the department may issue a preliminary determination that a
proposed development is not permissible under applicable City policies or regulatory enactments. In that event, the
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applicant shall have the option to appeal the preliminary determination to the hearing examiner in the manner provided
for a Type 2 permit, as an alternative to proceeding with a complete application. Mailed and published notice of the
appeal shall be provided for as in SMC 20.05.060(7) and (8). (Ord. O2016-415 § 2 (Att. A); Ord. O2016-413 § 4 (Att.
C))
20.05.040 Application requirements and permit fees.
(1) The department 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 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 of submittal upon
determination by the department that the materials submitted meet the requirements of this sectiondeems 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 (2) of this section, all land use permit applications described in SMC
20.05.020, Exhibit A, shall include the following
(a) An application form provided by the department;
(b) Designation of who the applicant is, except that this designation shall not be required as part of a complete
application for purposes of this section when a public agency or public or private utility is applying for a permit
for property on which the agency or utility does not own an easement or right-of-way and the following three
requirements are met:
(i) The name of the agency or private or public utility is shown on the application as the applicant;
(ii) The agency or private or public utility includes in the complete application an affidavit declaring that
notice of the pending application has been given to all owners of property to which the application applies,
on a form provided by the department; and
(iii) The form designating who the applicant is is submitted to the department prior to permit approval;
(c) A certificate of sewer availability from the Sammamish Plateau Sewer and Water District or site percolation
data with preliminary approval by the Seattle-King County department of public health;
(d) A current certificate of water availability, as required by Chapter 21A.60 SMC;
(e) A site plan, prepared in a form prescribed by the director;
(f) Proof that the lot or lots are recognized as separate lots pursuant to the provisions of Chapter 19A.04 SMC;
(g) A sensitive areas affidavit if required by Chapter 21A.50 SMC;
(h) A completed environmental checklist, if required by Chapter 20.15 SMC, State Environmental Policy Act
Procedures;
(i) Payment of any development permit review fees, excluding impact fees, as set forth by resolution;
(j) A list of any permits or decisions applicable to the development proposal that have been obtained prior to
filing the application or that are pending before the City or any other governmental entity;
(k) Approved certificate of concurrency from the director or designee, if required by Chapter 14A.10 SMC;
(l) Certificate of future connection from the appropriate purveyor for lots located within the City that are proposed
to be served by on-site or community sewage system and/or group B water systems or private well;
(m) A determination if drainage review applies to the project pursuant to SMC Title 13, and, if applicable, all
drainage plans and documentation required by the Surface Water Design Manual adopted by reference in SMC
Title 13;
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(n) Current assessor’s maps and a list of tax parcels to which public notice must be given as provided in this
chapter, for land use permits requiring a Type 2, 3 or 4 decision;
(o) Legal description of the site;
(p) Variances obtained or required under SMC Title 21A to the extent known at the date of application;
(q) Verification that the property affected by the application is in the exclusive ownership of the applicant, or that
the applicant has a right to develop the site and that the application has been submitted with the consent of all
owners of the affected property; provided, that compliance with subsection (2)(d) of this section shall satisfy the
requirements of this subsection (1)(q);
(r) For commercial site development permits only, a phasing plan and a time schedule, if the site is intended to
be developed in phases or if all building permits will not be submitted within three years; and
(s) For any applicant organized as a single-member or multiple-member limited liability company, the
designation required by subsection (1)(b) of this section must include the names and addresses of all the
applicant’s members, including all individuals who hold transferable interests in the applicant or its members.
(t) For Type 2, Type 3 and Type 4 applications a statement from the applicant about how the project furthers the
goals of the City’s Comprehensive Plan. The statement should reference specific statements from the
Comprehensive Plan.
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:
(a) Clearing and grading permit, as set forth in SMC 16.15.070;
(b) Construction permits as set forth in SMC 16.20.215;
(c) Mobile home permits as set forth in SMC 21A.70.170;
(d) For all applications for land use permits requiring Type 2, 3, or 4 decisions, a title report from a reputable
title company indicating that the applicant has either sole marketable title to the development site or has a publicly
recorded right to develop the site (such as an easement); if the title report does not clearly indicate that the
applicant has such rights, then the applicant shall include the written consent of the record holder(s) of the
development site.
(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. (Ord. O2020-523 § 1 (Exh. A); Ord. O2020-513 § 1 (Exh. A); Ord. O2020-503 § 2; Ord.
O2018-466 § 1 (Att. A); Ord. O2016-415 § 3 (Att. B); Ord. O99-29 § 1)
20.05.050 Notice of complete application to applicant.
(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
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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 (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 subsections (1) or (3) of this section, or the failure of the department to provide
such a notice as provided in subsections (2) or (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.
(Ord. O99-29 § 1)
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20.05.080 Applications – Modifications to proposal.
(1) Modifications required by the City to a pending application shall not be deemed a new application.
(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:
(a) An increase in the number of dwelling units (5%)
(b) An increase in building square footage for non-residential projects (5%)
(c) Changes to building setbacks (10%)
(d) Increase in building height (5%)
(e) Additional encroachment into critical areas or buffers
(f) An increase in the number of parking stalls (5%)
(g) Any proposal requesting a variance or wavier from development standards
(h) Modifications to the amount of proposed open space (5%)
(i) Changes to the layout of streets, trails, and bike connections
(j) An increase of 500 or more square feet of impervious surface
(k) Change to the primary site access location
(l) Reduction in the size of any lots (5%)
(l) Other changes determined by the director to constitute a substantial change
(Ord. O99-29 § 1)
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21A.15.507 Floor to Area Ratio
“Floor to Area Ratio” is the ratio of the gross building square footage to the parcel size. Gross square footage
for the purpose of calculating floor to area ratio includes all gross square footage that is above grade including
garages. Any visible wall height of more than 3’ shall count towards the gross building square footage.
21A.25.030 Densities and dimensionsSite Planning Standards – Residential zones.
A. Residential Zones.
Z
O
N
E
S
RESIDENTIAL
URBAN RESIDENTIAL
STANDARDS R-1(13) R-4 R-6 R-8 R-12 R-18
Maximum Density
DU/Acre (11)
1 du/ac 4 du/ac
(5)
6 du/ac 8 du/ac 12 du/ac 18 du/ac
Minimum Density (2) 85% (14)
80% (14)
75% (14)
Maximum Residential Floor to Area
Ratio (FAR) – Detached alley accessed garages are exempt)
Single-Family:
0.5 ADU: Exempt
Multi-unit: 0.65
Single-Family:
0.5 ADU: Exempt
Multi-unit: 0.65
Single-Family:
0.5 ADU: Exempt
Multi-unit: 0.65
Single-Family:
0.5 ADU: Exempt
Multi-unit: 0.65
Minimum Lot Width 35 ft (6)
30 ft (6)
30 ft (6)
30 ft 30 ft 30 ft
Driveway Width (Measured at the edge
of the street right-of-way, not
applicable for driveways from alleys)
Maximum:
30% of parcel
width or 20’,
whichever is less.
Minimum: 12’
Maximum:
30% of parcel
width or 20’,
whichever is less.
Minimum: 12’
Maximum:
30% of parcel
width or 20’,
whichever is less.
Minimum: 12’
Maximum:
30% of parcel
width or 20’,
whichever is less.
Minimum: 12’
Front Yard Parking Setback(32) 20’ 20’ 20’ 20’
Minimum Front Yard Structure
Setback (7)(22)
20 ft
(25)
15 ft
(16) (25)
15 ft
(16) (25)
10 ft 10 ft 10 ft
Minimum Rear Yard Structure Setback
(8)(21)(22)
10 ft 10 ft 10 ft 10 ft 5 ft 5 ft
Minimum Side Yard Structure Setback
(2)(8)(12)(21)(22)
10 ft 10 ft 10 ft 10 ft 5 ft 5 ft
Minimum Front Yard Single Detached Dwelling Setback (7)(12)
20 ft (6) (25)
15 ft (6) (16) (23)
(25)
15 ft (6) (16) (24)
(25)
10 ft 10 ft 10 ft
Minimum Side Yard Single Detached Dwelling Setback (2)(8)(12)(21)
25 ft 5 ft (23)
5 ft (24)
5 ft (26)
5 ft 5 ft
Minimum Rear Yard Single Detached Dwelling Setback (8)(21)
30 ft 12 ft (23)
12 ft (24)
20 ft 20 ft 20 ft
Minimum Side Yard Detached
Accessory Dwelling Setback (17)(27)
5 ft 5 ft 5 ft 5 ft 5 ft 5 ft
Minimum Rear Yard Detached
Accessory Dwelling Setback (17)(27)
5 ft 5 ft 5 ft 5 ft 5 ft 5 ft
Maximum Structure Height
(3)(15)(29)
35 ft
(20)
35 ft
(20)
35 ft
(20)
35 ft
(20)
60 ft 60 ft
80 ft
(10)
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Z
O
N
E
S
RESIDENTIAL
URBAN RESIDENTIAL
STANDARDS R-1(13) R-4 R-6 R-8 R-12 R-18
Maximum Detached Accessory
Dwelling Structure Height (28)
18 ft 18 ft 18 ft 18 ft 18 ft 18 ft
Maximum Impervious Surface:
Percentage (4)(30)
30%
(9)
75% 85% 85%
Minimum Yard Area (18)(30) 45% 35%
Maximum Lot Coverage (19)(30) 40% 50%
B. Development Conditions.
1. Also see SMC 21A.25.060.
2. These standards may be modified under the provisions for zero lot line and townhouse developments.
3. Netting or fencing and support structures for the netting or fencing used to contain golf balls in the operation
of golf courses or golf driving ranges are exempt from the structure height requirements; provided, that the
maximum height shall not exceed 75 feet.
4. Applies to each individual lot. Impervious surface area standards for:
a. Regional uses shall be established at the time of permit review;
b. Nonresidential uses in residential zones shall comply with SMC 21A.25.130;
c. Lot may be increased beyond the total amount permitted in this chapter subject to approval of a conditional
use permit.
5. Mobile home parks shall be allowed a base density of six dwelling units per acre.
6. All lots located within the R-1, R-4, and R-6 zoning districts created under SMC Title 19A must abut a public
or private street and shall be orientated so that the average street frontage or average front yard width of each lot
created equals the minimum lot width requirements pursuant to subsection (A) of this section with no individual
lot having a street frontage or front yard abutting the street of less than 20 feet.
7. At least 20 linear feet of driveway shall be provided between any garage, carport or other fenced parking area
and the street property line. The linear distance shall be measured along the center line of the driveway from the
access point to such garage, carport or fenced area to the street property line.
8. For townhouse and apartment development, the setback shall be a minimum of 20 feet along any property line
abutting R-1 through R-8.
9. Lots smaller than one-half acre in area shall comply with standards of the nearest comparable R-4 through R-
8 zone. For lots that are one-half acre in area or larger, the impervious surface area allowed shall be 10,000 square
feet or 30 percent of the property, whichever is greater. On any lot over one acre in area, an additional five percent
of the lot area may be used for buildings related to agricultural or forestry practices. For lots smaller than two
acres but larger than one-half acre, an additional 10 percent of the lot area may be used for structures which are
determined to be medically necessary, provided the applicant submits with the permit application a notarized
affidavit, conforming with the requirements of SMC 21A.70.170(1)(b). Public projects shall be subject to the
applicable impervious surface provisions of the R-4 zone.
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10. The 80-foot maximum structure height is to be used only for projects in the R-18 zone using residential
density incentives and transfer of density credits pursuant to this title.
11. Density applies only to dwelling units and not to sleeping units.
12. Vehicle access points from garages, carports or fenced parking areas shall be set back from the property line
on which a joint use driveway is located to provide a straight line length of at least 30 feet as measured from the
center line of the garage, carport or fenced parking area, from the access point to the opposite side of the joint
use driveway.
13. All subdivisions and short subdivisions in the R-1 zone shall be required to be clustered away from critical
areas or the axis of designated corridors such as urban separators or the wildlife habitat network to the extent
possible and a permanent open space tract that includes at least 50 percent of the site shall be created. Open space
tracts shall meet the provisions of SMC 21A.30.030.
14. See SMC 21A.25.090.
15. Subject to the increase in maximum structure height permitted pursuant to Chapter 21A.85 SMC, low impact
development incentives, and SMC 21A.30.020.
16. Thirty percent of the area contained within the front yard setback shall be landscaped. This part of the front
yard setback area may be used to comply with the minimum yard area percentage.
17. When constructed in accordance with SMC 21A.20.030(B)(5).
18. For the purposes of this section, “yard” is any surface area that is not structured or hardened. Yard areas may
be landscaped, contain uncovered decks of less than 18 inches above grade, and artificial turf, but do not include
areas covered by pervious concrete or other similar materials.
19. The maximum lot coverage may be increased by five percentile points once, if a covered outdoor living space
or an accessory dwelling unit is built on site. For the purposes of this section, a covered outdoor living space
includes any structure with a roof that is not fully enclosed by walls.
20. For new single-family residential homes and additions in single-family land use districts, the maximum height
of any individual building facade is 40 feet. Facades taller than 40 feet may be permitted when architectural
modulation is provided that includes:
a. An upper story balcony, porch, deck, exterior stairway, or other functional architectural feature; and
b. A floor line projection (e.g., skirt roof), roof ledger, window fenestrations, pillars, columns, or similar
architectural design features (such as bay windows, window seats, or awnings) to provide articulation and reduce
massing effects.
20.21. Reduction of minimum rear yard and/or side yard setbacks shall be granted when bundled and submitted
with a Type I permit application and when agreement with the adjoining property owner(s) of a parcel under
separate ownership has been reached resulting in an executed agreement that includes an approved site plan
consenting to a reduction of setback. The agreement shall provide that it runs with the land and must be recorded
with King County Records prior to permit issuance. The agreement shall reference the parcel number and legal
description of all affected properties and conform to a format specified by the director. Provided, no side or rear
setback may be reduced to less than five feet. Further provided, that setback reductions granted under this part
shall not cause for a violation or nonconformance with existing site restrictions (e.g., easements) or adopted
construction codes, Chapter 16.05 SMC. The setback reduction granted under this part shall not be available for
or applicable to lots created through the subdivision process that remain vested under RCW 58.17.170.
2221. Applies to all structures and buildings unless modified for primary single detached dwelling units or
detached accessory dwelling units.
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2322. R-4 setbacks for primary single detached dwelling units are dynamic. The minimum dimension listed in
the table is modified as follows in response to home size:
a. For single-family homes less than 2,500 square feet:
Front setback: not less than 15 feet (20 feet minimum for garages);
Side setback: not less than five feet;
Rear setback: an average of 15 feet but at no point less than 12 feet.
b. For single-family homes between 2,500 square feet and 4,000 square feet:
Front setback: not less than 20 feet;
Side setback: an average of 10 feet but at no point less than eight feet;
Rear setback: an average of 20 feet but at no point less than 15 feet.
c. For single-family homes greater than 4,000 square feet:
Front setback: not less than 25 feet;
Side setback: an average of 12 feet but at no point less than 10 feet;
Rear setback: an average of 25 feet but at no point less than 20 feet.
243. R-6 setbacks for primary single detached dwelling units are dynamic. The minimum dimension listed in the
table is modified as follows in response to home size:
a. For single-family homes less than 2,500 square feet:
Front setback: not less than 15 feet (20 feet minimum for garages);
Side setback: not less than five feet;
Rear setback: an average of 15 feet but at no point less than 12 feet.
b. For single-family homes between 2,500 square feet and 4,000 square feet:
Front setback: not less than 15 feet (20 feet minimum for garages);
Side setback: an average of 10 feet but at no point less than eight feet;
Rear setback: an average of 20 feet but at no point less than 15 feet.
c. For single-family homes greater than 4,000 square feet:
Front setback: not less than 20 feet;
Side setback: an average of 12 feet but at no point less than 10 feet;
Rear setback: an average of 25 feet but at no point less than 20 feet.
2524. The front yard setback along any arterial streets shall be 30 feet.
2625. Side yard setbacks shall be a minimum of 10 feet when the abutting property is zoned R-1, R-4, or R-6.
2726. Only applies to stand-alone detached accessory dwelling units. Does not apply to detached accessory
dwelling units that are combined with other structures or improvements such as pool houses, outdoor kitchens,
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detached garages, covered patios, etc. Standard minimum structure setbacks apply to detached accessory dwelling
units that are combined with other structures and improvements.
2827. Does not apply to detached accessory dwelling units that conform to minimum structure setbacks.
2928. For school and government uses, structure height may exceed the maximum structure height by one foot
for every one foot the front, side, and rear yard setbacks are increased above the minimum setbacks; provided,
however, the maximum structure height may not exceed 75 feet.
3029. For school and government uses, maximum impervious surface limitations, minimum yard area
requirements, and maximum lot coverage restrictions may be increased as part of the review of a Type 1, Type
2, or Type 3 permit application to accommodate instances where they render a necessary component of a project
infeasible. Deviation from the maximum impervious surface limitations, minimum yard area requirements, and
maximum lot coverage restrictions shall be granted if the following are satisfied: (a) the proposed increase is the
minimum necessary to resolve the design conflict as demonstrated through written engineering analysis prepared
by a qualified consultant and verified by the City; (b) the proposed increase will not result in impact to the root
zone and tree protection areas required for retained significant trees under SMC 21A.37.270; and (c) the project
is compliant with applicable stormwater regulations. (Ord. O2019-482 § 1 (Att. A); Ord. O2016-429 § 3 (Att.
C); Ord. O2016-407 § 1 (Att. A); Ord. O2010-279 § 1 (Att. A); Ord. O2009-249 § 1; Ord. O2008-236 § 1; Ord.
O2004-143 § 1; Ord. O2003-132 § 12)
30. In all Districts the front door shall face the primary street frontage with a clearly defined walkway from the
street to the front door/entrance.
31. A minimum of one large native deciduous or coniferous tree is required for each 50-foot portion of lot
frontage in the R-zones, for a minimum ratio of 1:50. Trees must be planted within 15 feet of the front property
line. Deciduous trees shall have a minimum caliper of 1.75 inches and a height of 10 feet; and coniferous and
broadleaf evergreens shall be at least 10 feet in height;
32. The parking setback applies to stalls provided to satisfy minimum off-street parking requirements.
21A.25.100 BUILDING HEIGHT MEASUREMENT
(1) General.
Buildings on relatively flat sites must use the measurement in option a. below. Buildings on steeply sloping sites or
set back more than 20 feet from the street right-of-way must use the measurement in option b. below.
(2) Measurement of Height.
a. On any lot where existing grade slopes up or down less than 12 feet from the front building line to the rear
of the structure, the starting point for the calculation of structure height is the elevation measured at the
middle of the building facade facing the street, perpendicular to the street, from either:
i. The top of the existing curb; or
ii. Where no existing curb exists, the crown of the street.
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b. On any lot where existing grade slopes up or down at least 12 feet from the front building line to the rear of
the structure, the starting point for the measurement of height must be calculated as follows:
i. Draw the smallest rectangle that encloses the entire principal structure. This measurement applies
only where the slope from the front of the rectangle is greater than 12 feet to the back of the
rectangle. Changes in original grade that exceed 12 feet from the point of measurement are
allowed within the building footprint, and height is measured as in a. above.
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ii. Divide the side of the rectangle into equal segments measuring at least 15 feet in length. The lines
must be extended across the rectangle perpendicular to the side of the rectangle to create the
segment. B.
iv. The maximum height for each segment of the structure is measured from the average
grade for each segment along the structure. The average grade is calculated by adding the
elevation of original grade at the midpoint of the two opposing exterior walls of each segment and
dividing by two.
(3) Maximum Side Wall Height.
The maximum side wall height of any building must not exceed 24 feet. This height is measured from either:
a. Average original grade at the midpoint of a building for buildings eligible for option a. above; or
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b. The average grade calculated for each segment for buildings subject to option b. above.
Chapter 21A.35
DEVELOPMENT STANDARDS – LANDSCAPING AND IRRIGATION
21A.35.010 Purpose.
The purpose of this chapter is to preserve the aesthetic character of communities, to improve the aesthetic quality of
the built environment, to promote retention and protection of existing vegetation; to promote water efficiency, to
promote native wildlife, to reduce the impacts of development on drainage systems and natural habitats, and to increase
privacy for residential zones by:
(1) Providing visual relief from large expanses of parking areas and reduction of perceived building scale;
(2) Providing physical separation between residential and nonresidential areas;
(3) Providing visual screens and barriers as a transition between differing land uses;
(4) Retaining existing vegetation and significant trees by incorporating them into the site design;
(5) Providing increased areas of permeable surfaces to allow for:
(a) Infiltration of surface water into groundwater resources;
(b) Reduction in the quantity of storm water discharge; and
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(c) Improvement in the quality of storm water discharge;
(6) Encouraging Require the use of native plant species by their retention or use in the landscape design;
(7) Requiring water use efficiency through water budgeting and efficient irrigation design standards;
(8) Encouraging the use of a diversity of plant species that promote native wildlife habitat.
(9) To avoid conflicts between landscaping, tree and vegetation protection, and underground and above ground
utilities. Landscaping should be designed to avoid utility conflicts and utility corridors should be located to avoid tree
and vegetation removal where feasible. (Ord. O99-29 § 1)
21A.35.020 Application.
Except for communication facilities regulated pursuant to Chapter 21A.55 SMC, all new development shall be subject
to the landscaping provisions of this chapter; provided, that specific landscaping and tree retention provisions for uses
established through a conditional use permit or a special use permit shall be determined during the applicable review
process. (Ord. O99-29 § 1)
21A.35.030 Landscaping – Screen types and description.
The three types of landscaping screens are described and applied as follows:
(1) Type I Landscaping Screen.
(a) Type I landscaping shall function as a full screen and visual barrier. This landscaping is typically found
between residential and nonresidential areas;
(b) Type I landscaping shall minimally consist of:
(i) A mix of primarily evergreen trees and shrubs generally interspersed throughout the landscape strip and
spaced to form a continuous screen;
(ii) Between 70 and 90 percent evergreen trees;
(iii) Trees provided at the rate of one per 10 linear feet of landscape strip and spaced no more than 20 feet
apart on center;
(iv) Evergreen shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more
than eight feet apart on center; and
(v) Groundcover pursuant to SMC 21A.35.080; and
(vi) Subject to director’s review for consistency with subsection (1)(a) of this section;
(2) Type II Landscaping Screen.
(a) Type II landscaping is a “filtered screen” that functions as a visual separator. This landscaping is typically
found between commercial and industrial uses, between differing types of residential development, and to screen
industrial uses from the street;
(b) Type II landscaping shall minimally consist of:
(i) A mix of evergreen and deciduous trees and shrubs generally interspersed throughout the landscape strip
spaced to create a filtered screen;
(ii) At least 50 percent deciduous trees and at least 30 percent evergreen trees;
(iii) Trees provided at the rate of one per 20 linear feet of landscape strip and spaced no more than 30 feet
apart on center;
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(iv) Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight
feet apart on center; and
(v) Groundcover pursuant to SMC 21A.35.080;
(3) Type III Landscaping Screen.
(a) Type III landscaping is a “see-through screen” that functions as a partial visual separator to soften the
appearance of parking areas and building elevations. This landscaping is typically found along street frontage or
between apartment developments;
(b) Type III landscaping shall minimally consist of:
(i) A mix of evergreen and deciduous trees generally interspersed throughout the landscape strip and spaced
to create a continuous canopy;
(ii) At least 70 percent deciduous trees;
(iii) Trees provided at the rate of one per linear 25 feet of landscape strip and spaced no more than 30 feet
apart on center;
(iv) Shrubs provided at the rate of one per four linear feet of landscape strip and spaced no more than eight
feet apart on center; and
(v) Groundcover pursuant to SMC 21A.35.080. (Ord. O2005-175 § 1; Ord. O99-29 § 1)
21A.35.040 Landscaping – Street frontages.
The required width of perimeter landscaping along street frontages shall be provided as follows:
(1) Twenty feet of Type II landscaping shall be provided for an institutional use, excluding playgrounds and playfields;
(2) Ten feet of Type II landscaping shall be provided for an industrial development;
(3) Ten feet of Type II landscaping shall be provided for an above-ground utility facility development, excluding
distribution and transmission corridors, located outside a public right-of-way;
(4) Ten feet of Type III landscaping shall be provided for a commercial or attached/group residence development; and
(5) For single-family subdivisions:
(a) Street trees shall be planted per the public works standards. (Ord. O2009-249 § 1; Ord. O2005-175 § 1; Ord.
O99-29 § 1)
21A.35.050 Landscaping – Side and rear lot lines.
The required width of perimeter landscaping along the side and rear yard lot lines shall be provided as follows:
(1) Twenty feet of Type I landscaping shall be included in a commercial or industrial development along any portion
adjacent to a residential development;
(2) Five feet of Type II landscaping shall be included in an attached/group residence development, except that along
portions of the development adjacent to property developed with single detached residences or vacant property that is
zoned R(1-8), the requirement shall be 10 feet of Type II landscaping;
(3) Ten feet of Type II landscaping shall be included in an industrial development along any portion adjacent to a
commercial or institutional development; and
(4) Ten feet of Type II landscaping shall be included in an institutional use, excluding playgrounds and playfields, or
an above-ground utility facility development, excluding distribution or transmission corridors, when located outside
a public right-of-way. (Ord. O2019-482 § 1 (Att. A); Ord. O99-29 § 1)
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21A.35.055 Landscaping – Drainage facilities.
The landscaping requirements established for detention facilities in the Sammamish Addendum to the King County
Surface Water Design Manual are hereby adopted by reference and shall be mandatory for all drainage facilities not
located entirely underground. The department shall review and approve proposed landscaping plans subject to the
following:
(1) Revisions to plans or additional landscaping requirements may be required to ensure that the proposed landscaping
provides an effective screen and an enhancement to the overall appearance of the facility.
(2) Trails or walkways shall be incorporated into the landscaping plan.
(3) Ten feet of Type I landscaping consisting of 100 percent evergreen trees and shrubs shall be required for that
portion of the perimeter of detention facilities where the slope of the detention facility exceeds 3H:1V. (Ord. O2016-
429 § 5 (Att. E); Ord. O2005-175 § 1; Ord. O2004-155 § 1)
21A.35.060 Landscaping – Surface parking areas.
Parking area landscaping shall be provided within surface parking areas with 10 or more parking stalls for the purpose
of providing shade and diminishing the visual impacts of large paved areas as follows:
(1) Residential developments with common parking areas shall provide planting areas at the rate of 20 square feet per
parking stall;
(2) Commercial, industrial, or institutional developments shall provide landscaping at a rate of:
(a) Twenty square feet per parking stall when 10 to 30 parking stalls are provided; and
(b) Twenty-five square feet per parking stall when 31 or more parking stalls are provided;
(3) Trees shall be provided and distributed throughout the parking area at a rate of:
(a) One tree for every five parking stalls for a commercial or industrial development; and
(b) One tree for every 10 parking stalls for residential or institutional development;
(4) The maximum distance between any parking stall and landscaping shall be no more than 100 feet;
(5) Permanent curbs or structural barriers shall be provided to protect the plantings from vehicle overhang; and
(6) Parking area landscaping shall consist of:
(a) Bioretention shall be evaluated in accordance with the Surface Water Design Manual to the maximum extent
feasible. Vegetated areas within parking area landscaping that function as bioretention for the treatment of storm
water runoff shall consist of the following:
(i) Trees, shrubs, perennials and groundcovers tolerant of summer drought, ponding fluctuations and
saturated soil conditions for prolonged lengths of time anticipated by the facility design and hydrologic
conditions.
(ii) Plants should be tolerant of typical pollutants from surrounding surfaces, such as petroleum
hydrocarbons, dissolved metals, and fertilizers.
(iii) Plantings should consist of native plant types; at least 15 percent of the plant palette shall be evergreen.
Planting and grading for drainage features should be designed to be integrated aesthetically with the
surrounding landscape and urban design elements.
(iv) Visual buffering, sight distances and setbacks should be considered for landscaping adjacent to
roadways.
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(v) The planting and bioretention soil media shall consist of a bioretention soil mix in accordance with the
January 2009 WSU Pierce County Extension “Bioretention Soil Mix Review and Recommendations for
Western Washington,” or equivalent.
(vi) No plants that are included on the King County noxious weed list.
(b) Other parking area landscaping not devoted to storm water management shall consist of the following:
(i) Canopy-type deciduous trees, evergreen trees, evergreen shrubs and groundcovers planted in islands or
strips;
(ii) Shrubs that do not exceed a maintained height of 42 inches;
(iii) Groundcover pursuant to SMC 21A.35.080; and
(iv) At least 50 percent of trees are coniferous.
(c) Plantings contained in planting islands or strips shall have an area of at least 100 square feet and with a narrow
dimension of no less than five feet. (Ord. O2016-429 § 5 (Att. E); Ord. O99-29 § 1)
21A.35.070 Landscaping – General standards for all landscape areas.
All new landscape areas proposed for a development shall be subject to the following provisions:
(1) Berms shall not exceed a slope of two horizontal feet to one vertical foot (2:1).
(2) All new turf areas, except all-weather, sand-based athletic fields, shall:
(a) Be augmented with a two-inch layer of stabilized compost material or a four-inch layer of organic material
with a minimum of eight percent organic material cultivated a minimum of six inches deep; or
(b) Have an existing organic content of eight percent or more to a depth of six inches as shown in a soil sample
analysis. The soil analysis shall include:
(i) Determination of soil texture, indicating percentage of organic matter;
(ii) An approximated soil infiltration rate (either measured or derived from soil/texture/infiltration rate
tables). A range of infiltration rates shall be noted where appropriate; and
(iii) Measure pH value.
(3) Landscape areas, except turf or areas of established groundcover, shall be covered with at least two inches of City-
approved mulch to minimize evaporation.
(4) Plants having similar water use characteristics shall be grouped together in distinct hydrozones.
(5) Plant selection shall consider adaptability to climatic, geologic, and topographical conditions of the site.
Preservation of existing vegetation meeting the requirements of this chapter is required where feasible.use exclusively
native plants from the appropriate planting lists provide by the Washington Native Plant Society for the sites
geography and climate. (Ord. O2016-429 § 5 (Att. E); Ord. O2009-249 § 1; Ord. O99-29 § 1)
21A.35.080 Landscaping – Additional standards for required landscape areas.
In addition to the general standards of SMC 21A.35.070, landscape areas required pursuant to SMC 21A.35.040
through 21A.35.060 shall conform to the following standards:
(1) All plants shall conform to American Association of Nurserymen (AAN) grades and standards as published in the
“American Standard for Nursery Stock” manual; provided, that existing healthy vegetation used to augment new
plantings shall not be required to meet the standards of this manual.
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(2) Single-stemmed trees required pursuant to this chapter shall at the time of planting conform to the following
standards:
(a) In parking area landscaping and in street rights-of-way:
(i) Deciduous trees shall have a minimum caliper of 1.75 inches and a height of 10 feet; and
(ii) Coniferous and broadleaf evergreens shall be at least five feet in height;
(b) In all other required landscape areas:
(i) Deciduous trees shall have a minimum caliper of 1.5 inches and a height of 10 feet; and
(ii) Coniferous and broadleaf evergreen trees shall be at least five feet in height.
(3) Multiple-stemmed trees shall be permitted as an option to single-stemmed trees; provided, that such multiple-
stemmed trees are:
(a) At least six feet in height; and
(b) Not allowed within street rights-of-way.
(4) When the width of any landscape strip is 20 feet or greater, the required trees shall be staggered in two or more
rows.
(5) Shrubs shall be:
(a) At least an AAN container Class No. 2 size at time of planting in Type II, III and parking area landscaping;
(b) At least 24 inches in height at the time of planting for Type I landscaping; and
(c) Maintained at a height not exceeding 42 inches when located in Type III or parking area landscaping.
(6) Groundcovers shall be planted and spaced to result in total coverage of the majority of the required landscape area
within three years.
(7) All fences shall be placed on the inward side of any required perimeter landscaping along the street frontage.
(8) Required street landscaping may be placed within City of Sammamish street rights-of-way subject to the City of
Sammamish public works standards, provided adequate space is maintained along the street line to replant the required
landscaping should subsequent street improvements require the removal of landscaping within the rights-of-way.
(9) Required street landscaping may be placed within Washington State rights-of-way subject to permission of the
Washington State Department of Transportation.
(10) New landscape material provided within areas of undisturbed vegetation or within the protected area of significant
trees shall give preference to utilizing indigenous plant species. (Ord. O99-29 § 1)
21A.35.090 Landscaping – Alternative options.
The following alternative landscape options may be allowed, subject to City approval, only if they accomplish equal
or better levels of screening, or when existing conditions on or adjacent to the site, such as significant topographic
differences, vegetation, structures, or utilities, would render application of this chapter ineffective or result in scenic
view obstruction:
(1) The amount of required landscape area may be reduced to ensure that the total area for required landscaping, and/or
the area remaining undisturbed for the purpose of wildlife habitat or corridors does not exceed 15 percent of the net
developable area of the site. For the purpose of this subsection, the net developable area of the site shall not include
areas deemed unbuildable due to their location within sensitive areas and any associated buffers;
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(2) The average width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:
(a) Berms at least three feet in height or architectural barriers at least six feet in height are incorporated into the
landscape design; or
(b) The landscape materials are incorporated elsewhere on-site;
(3) In pedestrian district overlays, street perimeter landscaping may be waived provided a site plan, consistent with
the applicable adopted area zoning document, is approved that provides street trees and other pedestrian-related
amenities;
(4) Landscaping standards for uses located in a rural town or rural business centers designated by the comprehensive
plan may be waived or modified by the director if deemed necessary to maintain the historic character of the area.
Where a local or subarea plan with design guidelines has been adopted, the director shall base the landscaping
modifications on the policies and guidelines of such plan;
(5) When an existing structure precludes installation of the total amount of required site perimeter landscaping, such
landscaping material shall be incorporated on another portion of the site;
(6) Single-stemmed deciduous tree species that cannot generally be planted and established in larger sizes may have
a caliper of less than one and one-half inches;
(7) The number of trees and shrubs to be provided in required perimeter and parking area landscaping may be reduced
up to 25 percent, subject to approval by the director, when a development retains existing significant trees within
required landscaping areas consistent with the provisions of SMC 21A.35.210, Tree retention requirements;
(8) The number of trees and shrubs to be provided in required perimeter and parking area landscaping may be reduced
up to 25 percent when a development uses landscaping materials consisting of species typically associated with the
Puget Sound basin in the following proportions:
(a) Seventy-five percent of groundcover and shrubs; and
(b) Fifty percent of trees; and
(9) The department shall, pursuant to Chapter 2.55 SMC, develop and maintain an advisory listing of trees
recommended for new plantings. Such list shall describe their general characteristics and suitability, and provide
guidelines for their inclusion within required landscape areas. (Ord. O2005-175 § 1; Ord. O99-29 § 1)
21A.35.100 Landscaping – Plan design, design review, and installation.
(1) The landscape plan submitted to the department shall be drawn on the same base map as the development plans
and shall identify the following:
(a) Total landscape area and separate hydrozones;
(b) Landscape materials botanical/common name and applicable size;
(c) Property lines;
(d) Impervious surfaces;
(e) Natural or manmade water features or bodies;
(f) Existing or proposed structures, fences, and retaining walls;
(g) Natural features or vegetation left in natural state; and
(h) Designated recreational open space areas.
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(2) The proposed landscape plan shall be certified by a Washington State registered landscape architect., Washington
State certified nurseryman, or Washington State certified landscaper.
(3) An affidavit signed by an individual specified in subsection (2) of this section, certifying that the landscaping has
been installed consistent with the approved landscaping plan, shall be submitted to the department within 30 days of
installation completion, unless the installed landscaping has been inspected and accepted by the department.
(4) The required landscaping shall be installed no later than three months after issuance of a certificate of occupancy
for the project or project phase. However, the time limit for compliance may be extended to allow installation of such
required landscaping during the next appropriate planting season. A financial guarantee shall be required prior to
issuance of the certificate of occupancy, if landscaping is not installed and inspected prior to occupancy.
(5) A tree retention plan shall be prepared and submitted separately from the proposed landscape plan; provided, that
retained trees counted towards site landscaping may be identified on the landscape plan. The tree retention plan shall:
(a) Be reviewed by a certified professional to ensure selection of healthy trees pursuant to SMC 21A.35.210(5),
Tree retention requirements; and
(b) Identify trees scheduled for future removal and/or removed within the past year, to the maximum extent
feasible. (Ord. O2005-175 § 1; Ord. O99-29 § 1)
21A.35.110 Maintenance.
(1) All landscaping shall be maintained for the life of the project, including water conservation practices for turf grass
such as annual aeration and dethatching, top dressing and overseeding;
(2) All landscape materials shall be pruned and trimmed as necessary to maintain a healthy growing condition or to
prevent primary limb failure;
(3) With the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat, other dead,
diseased, damaged or stolen plantings shall be replaced within three months or during the next planting season if the
loss does not occur in a planting season; and
(4) Landscape areas shall be kept free of trash.
(5) All landscaping in a public or private right-of-way along the property frontage shall be maintained by the property
owner or owner’s association in accordance with the public works standards. (Ord. O99-29 § 1)
21A.35.120 Financial guarantees.
Financial guarantees shall be required consistent with the provisions of SMC Title 27A. This time period may be
extended to one year by the director, if necessary to cover a planting and growing season. (Ord. O99-29 § 1)
21A.37.270 Tree protection standards.
(5) Protection Measures. To ensure long-term viability of trees identified for protection, permit plans and construction
activities shall comply with the following minimum required tree protection:
(a) All minimum required tree protection measures shall be shown on the tree protection and replacement plan.
(b) Tree protection barriers shall be installed five feet beyond the drip line of significant trees to be protected
prior to any land disturbance.
(c) Tree protection barriers shall be a minimum of four feet high, constructed of chain link, or polyethylene
laminar safety fencing or other material, subject to approval by the director. On large or multiple-project sites,
the director may also require that signs requesting subcontractor cooperation and compliance with tree protection
standards be posted at site entrances.
(d) Where tree protection areas are remote from areas of land disturbance, and where approved by the director,
alternative forms of tree protection may be used in lieu of tree protection barriers, provided that protected trees
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are completely surrounded with continuous rope or flagging and are accompanied by “Tree Save Area – Keep
Out” signs.
(e) Native understory trees, shrubs and other vegetation shall be protected within the designated tree protection
area.
(6) Preventative Measures. In addition to the above minimum protection measures, the applicant shall provide a plan
from a certified arborist to the City to support the protection measures by employing, as appropriate, the following
preventative measures, consistent with best management practices for maintaining the health of the tree with the permit
application for all protected trees within 50’ of planned construction activities. For best management practices that
require action they shall be implemented at least 3 months prior to the start of construction:
(a) Significant trees shall not be topped;
(b) Excessive pruning shall not be allowed unless necessary to protect life and property;
(c) Visible deadwood on trees to be protected or relocated shall be pruned;
(d) Fertilizer and similar measures shall be applied to enhance the vigor of trees prior to construction with an
emphasis on stressed trees;
(e) Use soil amendments and soil aeration in planting areas;
(f) Apply mulch over tree drip line areas; and
(g) Ensuring proper water availability before, during and after construction.
(7) Alternative Methods. The director may approve the use of alternative tree protection and/or preventative techniques
if a protected tree will be protected to an equal or greater degree than through the techniques listed above. (Ord.
O2015-395 § 3 (Att. A))
21A.50.070 Exceptions.
Except as prohibited in the City of Sammamish shoreline jurisdiction under SMC 25.01.070, the following are
exceptions from the provisions of this chapter when applicable criteria and performance standards are met:
(1) Public Agency and Utility Exception. If the application of this chapter would prohibit an activity or a development
proposal by a public agency or utility, the agency or utility may apply for an exception pursuant to this section:
(a) The public agency or utility shall apply to the department and shall make available to the department other
related project documents such as permit applications to other agencies, special studies and SEPA documents.
(b) The director may approve alterations to critical areas, buffers and critical area setbacks by an agency or utility
not otherwise allowed by this chapter when the following criteria are met:
(i) There is no other reasonable alternative to the activity or proposed development with less impact on the
critical area; and
(ii) The activity or development proposal is designed to avoid, minimize, and mitigate the impact on
environmentally critical areas consistent with the avoidance and mitigation sequencing requirements in this
chapter; and, if applicable:
(iii) The proposed development or activity is of a linear nature and is on an existing corridor or connects to
public lands, trails, utility corridors, rights-of-way or other public infrastructure, or is required for functional
reasons such as gravity flow.
(c) The department shall process exceptions, provide public notice, provide opportunity for the public to request
a public hearing, and provide an appeal process consistent with the provisions of Chapter 20.05 SMC.
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(2) Reasonable Use Exception. If the application of this chapter would deny all reasonable use of the property, the
applicant may apply for an exception pursuant to this subsection:
(a) The director may approve alterations to critical areas, critical area buffers and setbacks to allow a reasonable
use not otherwise allowed by this chapter when the following criteria are met:
(i) The application of this chapter would deny all reasonable use of the property;
(ii) There is no other reasonable economic use with less impact on the critical area;
(iii) The proposed development does not pose an unreasonable threat to the environment or public health,
safety, or welfare on or off the development proposal site and is consistent with the general purposes of this
chapter and the public interest; and
(iv) Any alterations permitted to the critical area or buffer shall be the minimum necessary to allow for
reasonable use of the property and the project design must follow mitigation sequencing as outlined in SMC
21A.50.135 and achieve no net loss of ecological functions; and any authorized alteration of a critical area
under this subsection shall be subject to conditions established by the department including, but not limited
to, mitigation under an approved mitigation plan. (Ord. O2016-410 § 1 (Att. A); Ord. O2013-350 § 1 (Att.
A); Ord. O2005-193 § 1; Ord. O2005-172 § 4; Ord. O99-29 § 1)
(v) The lack of a reasonable economic use alternative is not the result of actions taken by the applicant after
December 31, 2021.
(b) The following must be submitted with a request for a reasonable use exception:
(i) A critical area report from a qualified professional detailing how the project has been designed to avoid
and minimize impacts to the critical area and buffer. The report shall detail the anticipated impact on the
critical area and buffer along with specific mitigation measures that may include restoration of previously
impacted critical area.
(ii) A site plan showing the critical area, buffer, natural features, topography, and proposed development
area.
(iii) A proposed monitoring plan for a minimum of five years including submittal of an annual report the City
outlining how proposed mitigation measures are functioning such as plantings.
(iv) The applicant shall submit a detailed review of the permitted uses allowed in the underlying zoning
district with supporting information explaining why all other permitted uses that may have less impact on the
critical area and buffer are not feasible.
(c) Development Limitations in R- zones.
(i) In the R- zones where no other permitted uses allow for reasonable use of the property the City may allow
up to a 2,250 square foot single-family home inclusive of accessory structures. Maximum developable area
may not exceed 2,500 square feet inclusive of all structures and impervious surfaces, pursuant to an approved
RUE, with applicable mitigation.
21A.50.132 Recording Residential Site Plans and Notices on Title
For all projects in the R- zones with the presence of critical areas and/or buffers shall record the site plan
approved by the City of Sammamish in the King County land records. The site plan shall clearly show the
limits of all critical areas and buffers, all structures and impervious surfaces, trees and driplines, clearing
limits, and landscaping. Applicants shall provide proof the site plan was recorded to the City of Sammamish
to be documented in City records. The site plan may be accompanied by supporting information detailing
the critical areas and buffers present.
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In addition to recording the site plan and supporting information a notice of title must be filed with King
County noting the presence of critical areas and/or buffers for future property owners. Applicants must
provide proof to the City of Sammamish that the Notice of Title has been recorded to be documented in
City records.
21A.50.220 Erosion hazard areas – Development standards and permitted alterations.
(1) Land clearing, grading, filling, and foundation work in an erosion hazard area is allowed only from May 1st to
September 30th, except that:
(a) Construction outside of this seasonal development limitation may be authorized if the director determines that
the hazard area will not be adversely impacted by the proposed construction work or the applicant demonstrates
that erosion hazards will be fully mitigated through a temporary erosion and sediment control management plan
that includes:
(i) The minimum requirements from the adopted surface water design manual and SMC Title 13, Surface
Water Management:
(A) Provisions to store site construction runoff and treat runoff sufficiently to meet water quality
standards prior to discharge;
(B) Daily and post-storm inspections of temporary erosion and sediment control best management
practices;
(C) Establishment of a manager, who is a Certified Erosion and Sediment Control Lead (CESCL) in the
state of Washington, and will be available on call to respond to temporary erosion and sediment control
noncompliance;
(D) A water-quality monitoring plan for site discharges, where the applicant is responsible for measuring
turbidity of storm water released from the site and maintaining records of monitoring data that shall be
available upon request by the City or Ecology. Monitoring protocols shall conform to the monitoring
requirements of the construction storm water general permit;
(E) A contingency plan incorporated into the temporary erosion and sediment control plan that identifies
corrective actions and BMPs that will be implemented if monitoring shows discharge water quality
exceeds water quality standards, and that specifies materials to be stockpiled on site for use in an erosion
and sediment control response;
(F) A seasonal suspension plan for suspending work until the end of the rainy season if temporary erosion
and sediment control measures are found to be inadequate;
(ii) Pre-design site inspection by a licensed engineer or geologist to identify erosion hazard areas, no-
disturbance areas, other environmentally critical areas, and resources downstream of the site that are to be
protected;
(iii) Construction storm water systems and temporary erosion and sediment control best management
practices are to be sized for a minimum of a 10-year storm interval;
(iv) The owner must provide a financial guarantee in accordance with Chapter 27A.15 SMC, and in an
amount sufficient to cover all costs of implementing the approved temporary erosion and sediment control
plan, monitoring site discharges, permanently stabilizing the site, and restoring any off-site impacts,
including materials, labor, and City costs, and include a mechanism allowing the City to use the financial
guarantee if the development is stalled or not completed;
(v) Preparation and implementation of site grading, stabilization, and restoration plans by a licensed
engineer, with certification by a geotechnical engineer that these plans are sufficient to prevent erosion and
sedimentation of susceptible soils; and
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(vi) Preparation of a vegetation management plan by a qualified professional for establishment of permanent
vegetation on the site following completion of clearing and grading work.
(b) In addition to the requirements of subsection (1)(a) of this section, the director may require additional studies
of the site hydrology, soils and storm water retention, and may also require grading, structural improvements,
erosion control measures, restoration plans, and/or an indemnification/release agreement.
(c) Timber harvest may be allowed pursuant to an approved forest practice Type II and III permit issued by the
Washington Department of Natural Resources.
(d) Construction activity associated with subdivisions, short subdivisions, and similar projects that drain to Lake
Sammamish during the wet season shall provide water quality monitoring reports to the City consistent with
SMC 21A.50.225(5)(g), and shall include monitoring of water temperature.
(e) The director may halt wet season construction as necessary to protect the hazard area and/or to prevent
downstream impacts.
(2) All development proposals on sites containing erosion hazard areas shall include a temporary erosion and sediment
control plan as specified in subsection (1)(a) of this section consistent with this section and other laws and regulations
prior to receiving approval. Specific requirements for such plans shall be set forth in the adopted surface water design
manual and SMC Title 13, Surface Water Management, or as otherwise specified by the department.
(3) All subdivisions, short subdivisions, or binding site plans on sites with erosion hazard areas shall comply with the
following additional requirements:
(a) Except as provided in this section, eExisting vegetation shall be retained on all lots until building permits are
approved for development on individual lots;
(b) If any vegetation on the lots is damaged or removed during construction of the subdivision infrastructure, the
applicant shall be required to submit a restoration plan to the department for review and approval. Following
approval, the applicant shall be required to implement the plan;
(c) Clearing of vegetation on lots will not be allowed unless the City determines that:
(i) Such clearing is a necessary part of a large-scale grading plan;
(ii) It is not a reasonable alternative to perform such grading on an individual lot basis; and
(iii) Drainage from the graded area will meet water quality standards to be established by the adopted surface
water design manual and SMC Title 13, Surface Water Management.
(4) Where the City determines that erosion from a development site poses a significant risk of damage to downstream
receiving waters, based either on the size of the project, the proximity to the receiving water or the sensitivity of the
receiving water, the applicant shall be required to provide regular monitoring of surface water discharge from the site
as required by the adopted surface water design manual and City of Sammamish addendum. If the project does not
meet the applicable provisions of the adopted water quality standards as established by law, the City may suspend
further development work on the site until such standards are met.
(5) The use of hazardous substances, pesticides, and fertilizers in erosion hazard areas may be prohibited by the City.
(Ord. O2016-410 § 1 (Att. A); Ord. O2013-350 § 1 (Att. A); Ord. O2005-193 § 1; Ord. O99-29 § 1)
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Chapter 21A.60
DEVELOPMENT STANDARDS – ADEQUACY OF PUBLIC FACILITIES AND SERVICES
21A.60.010 Purpose.
The purpose of this chapter is to ensure that public facilities and services necessary to support development are
adequate or will be provided in a timely manner consistent with the public facilities and services planning goal of the
Washington State Growth Management Act of 1990 by:
(1) Specifying the on-site and off-site facilities and services that must be in place or otherwise assured of timely
provision prior to development;
(2) Allocating the cost of those facilities and services fairly; and
(3) Providing a general framework for relating development standards and other requirements of this code to:
(a) Adopted service level standards for public facilities and services;
(b) Procedural requirements for phasing development projects to ensure that services are provided as
development occurs; and
(c) The review of development permit applications. (Ord. O99-29 § 1)
21A.60.020 General requirements.
(1) All new development proposals including any use, activity, or structure allowed by Chapter 21A.20 SMC that
requires City approval shall be adequately served by the following facilities and services prior to the time of
occupancy, recording, or other land use approval, as further specified in this chapter:
(a) Sewage disposal;
(b) Water supply;
(c) Surface water management;
(d) Streets and access;
(e) Fire protection service; and
(f) Schools.
(2) All new development proposals and those that exceed 50% of the assessed value of improvements for
building permits, plats, short plats, and lot line adjustments, which will be served by a sewer or water
district, shall include a certificate of water availability and/or certificate of sewer availability to demonstrate
compliance with this chapter and other provisions of the SMC, the City of Sammamish interim
comprehensive plan, and the Growth Management Act. If water or sewer is not available from a water or
sewer district the applicant shall provide verification from a water and sewer district along with information
on when availability is expected in the future. Alternatives to public water and sewer service will be
considered only if service from a water and sewer district is not available as defined in WAC 246-272A-
0025.
(3) Regardless of the number of sequential permits required, the provisions of this chapter shall be applied only once
to any single development proposal. If changes and modifications result in impacts not considered when the proposal
was first approved, the City shall consider the revised proposal as a new development proposal. (Ord. O99-29 § 1)
(4) All plats, short plats, and binding site plans must be connected to public sewer and water.
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(5) On-site sewage systems are prohibited in geological hazard areas including landslide and erosion hazard areas.
(6) Development of parcels in the Tamarack and Inglewood plats shall comply with all provisions of this section and
ensure adequate facilities both during and following construction. All facilities shall be maintained to their built
condition for the life of the project. Applicants must demonstrate to the satisfaction of the City that there is adequate
vehicle and pedestrian access, adequate access for fire and life safety, connecting to sewer where feasible, when a
septic system is required planning for the design early in the project, adequacy of construction access and staging, and
the adequacy of stormwater facilities to minimize erosion during and following construction.
21A.60.030 Adequate sewage disposal.
All new development shall be served by an adequate public or private sewage disposal system, including both
collection and treatment facilities as follows:
(1) A public sewage disposal system is adequate for a development proposal provided that:
(a) For the issuance of a building permit, preliminary plat or short plat approval, or other land use approval, the
site of the proposed development is or can be served by an existing disposal system consistent with the adopted
sewer system plans of the Plateau water and sewer district and the Northeast Sammamish water and sewer district,
and the disposal system has been approved by the department as being consistent with applicable state and local
design and operating guidelines;
(b) For the issuance of a certificate of occupancy for a building or change of use permit, the approved public
sewage disposal system as set forth in subsection (1)(a) of this section is installed to serve each building or lot;
(c) For recording a final plat, final short plat, or binding site plan, the approved public sewage disposal system
set forth in subsection (1)(a) of this section shall be installed to serve each lot respectively; or a bond or similar
security shall be deposited with the City of Sammamish for the future installation of an adequate sewage disposal
system. The bond may be assigned to a purveyor to assure the construction of such facilities within two years of
recording;
(d) For a zone reclassification, the timing of installation of required sewerage improvements shall be contained
in the approving ordinance; and
(2) A private individual sewage system is adequate, if an on-site sewage disposal system for each individual building
or lot is installed to meet the requirements and standards of the King County department of public health as to lot size,
soils, and system design prior to issuance of a certificate of occupancy for a building or change of use permit. (Ord.
O99-29 § 1)
21A.60.050 Surface water management.
All new development shall be served by an adequate surface water management system that is properly maintained as
follows:
(1) The proposed system is adequate if the development proposal site is served by a surface water management system
approved by the department as being consistent with the design, operating and procedural requirements of the King
County surface water design manual and KCC Title 9 as adopted by SMC Title 13;
(2) For a subdivision or zone reclassification, the phased installation of required surface water management
improvements shall be stated in the approving ordinance. Such phasing may require that a bond or similar security be
deposited with the City of Sammamish; and
(3) A variance request from the requirements of the King County surface water design manual and KCC Title 9 as
adopted by SMC Title 13 shall be reviewed as set forth in KCC 9.04.050 and does not require a variance from this
title unless relief is requested from a building height, setback, landscaping or other development standard set forth in
Chapters 21A.25 through 21A.65 SMC. (Ord. O99-29 § 1)
(4) All surface water management facilities shall be adequately maintained to the built condition and in accordance
with all approved permits for the life of the development.
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21A.50.160 Vegetation management plan.
(1) For all development proposals where preservation of existing vegetation is required by this chapter, a vegetation
management plan shall be submitted and approved prior to issuance of the permit or other request for permission to
proceed with an alteration. The plan shall address vegetation preservation both during and after construction is
complete. All critical areas and buffers shall be maintained in perpetuity and failure to maintain critical areas and
buffers in their natural state is considered a violation and subject to enforcement by the City.
(2) The vegetation management plan shall identify the proposed clearing limits for the project and any areas where
vegetation in a critical area or its buffer is proposed to be disturbed.
(3) Where clearing includes cutting any merchantable stand of timber, as defined in WAC 222-16-010(28), the
vegetation management plan shall include a description of proposed logging practices that demonstrates how all
critical areas will be protected in accordance with the provisions of this chapter.
(4) Clearing limits as shown on the plan shall be marked in the field in a prominent and durable manner. Proposed
methods of field marking shall be reviewed and approved by the City prior to any site alteration. Field marking shall
remain in place until the certificate of occupancy or final project approval is granted.
(5) The vegetation management plan may be incorporated into a temporary erosion and sediment control plan or
landscaping plan where either of these plans is required by other laws or regulations.
(6) Submittal requirements for vegetation management plans shall be set forth by the department. (Ord. O2016-410 §
1 (Att. A); Ord. O2013-350 § 1 (Att. A); Ord. O2005-193 § 1; Ord. O99-29 § 1)
21A.50.170 Critical area markers, signs and fencing.
(1) Markers. Permanent survey stakes delineating the boundary between adjoining property and critical area tracts
shall be set, using markers capable of being magnetically located and as established by current survey standards.
(2) Signs. Development proposals approved by the City shall require that the boundary between a critical area buffer
and contiguous land shall be identified with permanent signs. Permanent signs shall be a City-approved type designed
for high durability. Signs must be posted at an interval of one per lot or every 50 feet, whichever is less, and must be
maintained by the property owner or homeowners’ association in perpetuity. The wording, number and placement of
the signs may be modified by the director based on specific site conditions.
(3) Fencing. Permanent fencing shall be required at the outer edge of the critical area buffer under the following
circumstances:
(a) As part of any development proposal for:
(i) Plats;
(ii) Short plats;
(iii) Parks;
(iv) Other development proposals, including but not limited to multifamily, mixed use, and commercial
development where the director determines that such fencing is necessary to protect the functions of the
critical area;
(b) When buffer reductions are employed as part of a development proposal;
(c) When buffer averaging is employed as part of a development proposal; and
(d) At the director’s discretion to protect the values and functions of a critical area.
Fencing installed in accordance with this section shall be designed to not interfere with fish and wildlife migration
and shall be constructed in a manner that minimizes critical areas impacts. (Ord. O2016-410 § 1 (Att. A); Ord. O2013-
350 § 1 (Att. A); Ord. O2005-193 § 1; Ord. O99-29 § 1)
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21A.67 Development Standards – Civic Uses
21A.67.010 Purpose.
The purpose of this section is to establish standards for the development of civic uses such as schools, churches,
community centers, and other similar uses in the R- zones to ensure compatibility with residential development. Civic
uses should be designed to minimize impacts on residential neighborhoods from noise, light, visual impacts, and
vehicle traffic.
21A.67.020 Design Standards
(1) Setbacks and Buffers. A buffer is required along side and rear property lines that are adjacent to existing
or future residential development. The buffer shall include the preservation of mature trees where present
and must be landscaped to provide a year-round visual barrier between the school and adjacent residential
development. Unless mature forest is used for the buffer it must meet the requirements for Type I
landscaping as outlined in 21A.35.030.
(2) Lighting. All lighting shall be designed to minimize light glare on adjacent properties. Parking lots shall
not be located within 100’ of side and rear lot lines where there is existing or potential for future residential
development.
(3) Noise. Civic uses shall be designed to minimize noise impacts on adjacent residential properties including
locating activities that are likely to produce more noise away from adjacent properties, the use of mature
trees, landscaping and other features to minimize noise transfer across properties and using existing
topography to minimize sound travel. The City may require a noise impact study by a qualified professional
to understand potential impacts and mitigation.
(4) Vehicle Access. Access to civic uses shall be from the principal street or arterial unless and shall only be
from local residential streets when other options are not available. Access shall be located and designed to
minimize the concentration of vehicle traffic on local residential streets.
(5) Non-Motorized Connections. Civic uses shall be designed for multiple non-motorized connections to
adjacent streets and neighborhoods where feasible. The purpose of the connections is to provide easy
access for people walking, biking, or rolling.
21A.70.010 Purpose.
The purposes of this chapter are to:
(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:
(a) Temporary re-use of closed public school facilities retained in school district ownership, and the reconversion
of a temporary re-use back to a school use;
(b) Permanent re-use of surplus nonresidential facilities (e.g., schools, fire stations, government facilities) not
retained in school district ownership; or
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(c) Permanent re-use of historic structures listed on the National Register or designated as county landmarks.
(Ord. O2014-372 § 3; Ord. O99-29 § 1)
21A.70.020 Nonconformance – Applicability.
(1) All nonconformances except nonconforming uses and improvements related to the provisions of Chapter 21A.50
SMC 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:
(a) The requirements of the Uniform Building and Fire Codes; or
(b) The provisions of this code beyond the specific nonconformance addressed by this chapter. (Ord. O2013-350
§ 1 (Att. A); Ord. O99-29 § 1)
21A.70.030 Nonconformance – Creation, continuation, and forfeiture of nonconformance status.
Once created pursuant to SMC 21A.15.800, a nonconformance may be continued in a manner consistent with the
provisions of this chapter. However, nonconformance status is forfeited if the nonconformance is discontinued beyond
the provisions of SMC 21A.70.050 unless the structure is a historic landmark or resource and is being restored or
reconstructed. Once nonconformance status is forfeited, the nonconformance shall not be re-established. (Ord. O99-
29 § 1)
21A.70.040 Nonconformance – Abatement of illegal use, structure or development.
Any use, structure or other site improvement not established in compliance with use and development standards in
effect at the time of establishment shall be deemed illegal and shall be discontinued or terminated and subject to
removal pursuant to the provisions of SMC Title 23. (Ord. O99-29 § 1)
21A.70.050 Nonconformance – Re-establishment of discontinued nonconforming use, or damaged or
destroyed nonconforming structure or site improvement.
A nonconforming use that has been discontinued or a nonconforming structure or site improvement that has been
damaged or destroyed may be re-established or reconstructed if:
(1) The damage to the nonconforming structure is less than 50% of the current market value from a professional
appraisal and the nonconformity nonconforming use, structure, or site improvement that previously existed 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.
(3) The use has not been discontinued for more than 12 months prior to its re-establishment, or the nonconforming
structure or site improvement is reconstructed pursuant to a complete permit application submitted to the department
within 12 months of the occurrence of damage or destruction. (Ord. O99-29 § 1)
21A.70.060 Nonconformance – Modifications, expansions, and alterations to nonconforming use, structure, or
site improvement.
Modifications to a nonconforming use, structure, or site improvementnonconformity may be reviewed and approved
by the department with appeals to the Hearing Examiner pursuant to the code compliance review process of SMC
21A.100.010 provided that:
(1) The modification or expansion complies will all code requirements and does not expand any existing
nonconformance or the degree of nonconformity; and
(2) The modification or alternations does not create a new type of nonconformance.
(3) The alternation constitutes normal and routine maintenance or is intended to correct a nonconformity
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(Ord. O99-29 § 1)
21A. 70.070 Nonconforming Uses.
(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 21A.70.050.
(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:
(a) The expansion complies with all code requirement except the nonconforming use expansion.
(b) The director determines the expansion is necessary for continued operation of the nonconforming
use such as fire, building, or public health codes.
21A.70.070 Nonconformance – Expansions of nonconforming uses, structures, or site improvements.
A nonconforming use, structure, or site improvement may be expanded as follows:
(1) The department may review and approve, pursuant to the code compliance process of SMC 21A.100.010, an
expansion of a nonconformance provided that:
(a) The expansion shall conform to all other provisions of this title, except that the extent of the project-wide
nonconformance in each of the following may be increased up to 10 percent:
(i) Building square footage;
(ii) Impervious surface;
(iii) Parking; or
(iv) Building height.
(b) No subsequent expansion of the same nonconformance shall be approved under this subsection if the
cumulative amount of such expansion exceeds the percentage prescribed in subsection (1)(a) of this section.
(2) A special use permit shall be required for expansions of a nonconformance within a development authorized by an
existing special use or unclassified use permit if the expansions are not consistent with the provisions of subsection
(1) of this section.
(3) A conditional use permit shall be required for expansions of a nonconformance:
(a) Within a development authorized by an existing planned unit development approval; or
(b) Not consistent with the provisions of subsections (1) and (2) of this section. (Ord. O99-29 § 1)
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21A.70.080 Nonconformance – Required findings.
Modifications or expansions approved by the department shall be based on written findings that the proposed
modification or expansion of a nonconformance located within a development governed by an existing conditional
use permit, special use permit, unclassified use permit, or planned unit development shall provide the same level of
protection for and compatibility with adjacent land uses as the original land use permit approval. (Ord. O99-29 § 1)
21A.70.090 Nonconformance – Residences.
Any residence nonconforming relative to use may be expanded, after review and approval through the code
compliance process set forth in SMC 21A.100.010, subject to all other applicable codes besides those set forth in this
chapter for nonconformances. (Ord. O99-29 § 1)
21A.100.150 Modifications and expansions – Uses or development authorized by existing conditional use,
special use, or unclassified use permits including conditional uses that have not been subject to full conditional
use review.
(1) The department may review and approve, pursuant to the code compliance process of SMC 21A.100.010, an
expansion of a use or development authorized by an existing conditional use, special use or unclassified use permit
provided that:
(a) The expansion shall conform to all provisions of this title and the original land use permit, except that the
project-wide amount of each of the following may be increased up to 10 percent. Expansions beyond 10% of any
of the following shall require full conditional use review for conditional uses:
(i) Building square footage;
(ii) Impervious surface;
(iii) Parking; or
(iv) Building height.
(b) No subsequent expansions shall be approved under this subsection if the cumulative amount of such expansion
exceeds the percentage prescribed in subsection (1)(a) of this section.
(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 21A.55.130 or to modifications or expansions of nonconformances, the provisions for
which are set forth in SMC 21A.70.070. (Ord. O99-29 § 1)
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TITLE 21 UNIFIED DEVELOPMENT CODE
Chap. 21.05 Preface/User Guide (NEW)
Chapter Summary
This chapter is intended to introduce the Unified Development Code document, its contents, and structure. The chapter ‘s user guide will explain how the following chapters are ordered to parallel that of a traditional development’s design and construction.
Sec. 21.05.100 Preface (NEW)
21.05.100.A
Sec. 21.05.200 User Guide (NEW)
21.05.200.A
Sec. 21.05.300 Title (21A.05.110)
21.05.300.A Title (21A.05.110)
21.30.300.B Conformity with this title required (21A.05.040)
Sec. 21.05.400 Authority to adopt code (21A.05.020)
21.05.400.A
Sec. 21.05.500 Effective Date (1.01.070)
21.05.500.A
Sec. 21.05.600 Minimum requirements (21A.05.050)
21.05.600.A
Sec. 21.05.700 Drawings (21A.05.110)
21.05.700.A
Sec. 21.05.800 Severability (1.01.060)
21.05.800.A
Chap. 21.10 Neighborhood Design (NEW)
Chapter Summary:
This chapter contains mostly new content that provides an overall vision and approach to new development projects within Sammamish. As an introduction to more detailed requirements and procedures within following chapters, this chapter outlines the “big ideas” and overarching design principles and standards for applicants to consider during the conceptual design phase. With some exceptions, the contents of this chapter are considered guidelines rather than legal code.
Sec. 21.10.100 Purpose, Intent and Applicability (NEW)
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21.10.100.A Purpose and Intent (NEW)
21.10.100.B Applicability (NEW)
21.10.100.C Design Intent (NEW)
Sec. 21.10.200 Design Principles (NEW)
21.10.200.A Preserving Ecological Functions of the Land (NEW)
21.10.200.B Maintaining a Green Northwest Character (NEW)
21.10.200.C A Well-Connected Community (NEW)
21.10.200.D Family-Friendly Neighborhoods with Amenities for All Ages (NEW)
Sec. 21.10.300 Neighborhood Design Standards (NEW)
21.10.300.A Protection and Integration of Natural Features (NEW)
21.10.300.B Open Space and Recreation (NEW)
21.10.300.C Parcels and Sites (NEW)
21.10.300.D Lot segregations—Zero lot line development (21A.30.020)
21.10.300.E Lot segregations—Clustered development (21A.30.030)
21.10.300.F Parking (NEW)
21.10.300.G Arterial Street Frontages (NEW)
21.10.300.H Adequacy of Public Facilities and Services (NEW)
21.10.300.I On-site recreation—Space required (21A.30.140)
21.10.300.J Recreation space—Fees in lieu of (21A.30.150)
21.10.300.K On-site recreation—Play areas required (21A.30.160)
21.10.300.L Storage space and collection points for recyclables (21A.30.180)
21.10.300.M On-site recreation—Maintenance of recreation space or dedication (21A.30.170)
21.10.300.F Sustainable Site Planning (NEW)
21.10.300.G Streets and Connections (NEW)
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Sec. 21.10.400 Planned Unit Developments (NEW)
21.10.400.A Purpose (NEW)
21.10.400.B Applicability (NEW)
21.10.400.C Modifications to Development Regulations
21.10.400.D Residential Density
21.10.400.E Planned Development Review
Sec. 21.10.500 Residential Density Incentives (21A.75)
21.10.500.A Purpose (21A.75.010)
21.10.500.B Permitted locations of residential density incentives (21A.75.020)
21.10.500.C Maximum densities permitted through residential density incentive review (21A.75.030)
21.10.500.D Public benefits and density incentives (21A.75.040)
21.10.500.E Rules for calculating total permitted dwelling units (21A.75.050)
21.10.500.F Review process (21A.75.060)
21.10.500.G Minor adjustments in final site plans (21A.75.070)
21.10.500.H Applicability of development standards (21A.75.080)
Sec. 21.10.600 Land Division (Title 19A)
21.10.600.A Purpose (19A.01)
21.10.600.B Definitions (19A.04)
21.10.600.C Administration (19A.08)
21.10.600.D Subdivisions and Short Subdivisions (19A.12)
21.10.600.E Final Plat and Final Short Plat Maps for Preliminarily Approved Subdivisions and Short Subdivisions (19A.16)
21.10.600.F Binding Site Plans (19A.20)
21.10.600.G Boundary Line Adjustments (19A.24)
Chap. 21.20 Environment and Sustainability
Chapter Summary:
This chapter consolidates existing development regulations related to the natural environment and sustainability. Its sections include content regulating environmentally critical areas; wetlands, hydrology, and flooding; low impact development (LID), the State Environment Policy Act (SEPA); vegetation management and clearing; and site grading.
Sec. 21.20.100 Purpose and Intent
Sec. 21.20.200 Environmentally Critical Areas (21A.50)
21.20.200.A Purpose (21A.50.010)
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21.20.200.B Applicability (21A.50.020)
21.20.200.C Appeals (21A.50.030)
21.20.200.D Critical areas rules (21A.50.040)
21.20.200.E Fees (21A.50.045)
21.20.200.F Complete exemptions (21A.50.050)
21.20.200.G Allowances for existing urban development and other uses (21A.50.060)
21.20.200.H Exceptions (21A.50.070)
21.20.200.I Critical area maps and inventories (21A.50.090)
21.20.200.J Disclosure by applicant (21A.50.100)
21.20.200.K Critical area review and study requirement (21A.50.110 – 21A.50.130)
21.20.200.L Avoiding impacts to critical areas (21A.50.135)
21.20.200.M Mitigation, maintenance, monitoring and contingency (21A.50.140)
21.20.200.N Mitigation plan requirements (21A.50.145)
21.20.200.O Financial guarantees (21A.50.150)
21.20.200.P Vegetation management plan (21A.50.160)
21.20.200.Q Critical area markers, signs and fencing (21A.50.170)
21.20.200.R Notice on title (21A.50.180)
21.20.200.S Critical area tracts and designations on site plans (21A.50.190)
21.20.200.T Alteration (21A.50.200)
21.20.200.U Building setbacks (21A.50.210)
21.20.200.V Erosion, flood, landslide, and seismic hazard areas (21A.50.220 – 21A.50.270)
21.20.200.W Critical aquifer recharge areas—Development standards (21A.50.280)
21.20.200.X Wetlands (21A.50.290 – 21A.50.322)
21.20.200.Y Fish and wildlife habitat conservation areas (21A.50.325 – 21A.50.327)
21.20.200.Z Waterbodies (21A.50.330 – 21A.50.355)
Sec. 21.20.300 Low Impact Development (21A.85)
21.20.300.A Intent and goals (21A.85.010)
21.20.300.B Applicability (21A.85.020)
21.20.300.C Low impact development approaches (21A.85.030)
21.20.300.D LID incentives (21A.85.040)
21.20.300.E Review (21A.85.050)
Sec. 21.20.400 State Environment Policy Act (SEPA)
Sec. 21.20.500 Surface Water Management (Title 13)
21.20.500.A Authority, Purpose, General Provisions, and Administration (13.05)
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21.20.500.B Definitions (13.10)
21.20.500.C Surface Water Development Charge (13.15)
21.20.500.D Surface Water Runoff Regulations (13.20)
21.20.500.E Surface Water Management Program (13.25)
21.20.500.F Water Quality (13.30)
21.20.500.G Fertilizers (13.35)
Sec. 21.20.600 Development Standards – Trees (21A.37)
21.20.600.A Purpose (21A.37.200)
21.20.600.B Approval required (21A.37.210)
21.20.600.C Calculations—Rounding (21A.37.215)
21.20.600.D Evaluation required (21A.37.220)
21.20.600.E Exemptions (21A.37.230)
21.20.600.F Removal standards (21A.37.240)
21.20.600.G Retention standards (21A.37.250)
21.20.600.H Variances (21A.37.260)
21.20.600.I Tree protection standards (21A.37.270)
21.20.600.J Tree replacement standards (21A.37.280)
21.20.600.K Violation—Criminal penalties (21A.37.290)
Sec. 21.20.700 Clearing and Grading (16.15)
21.20.700.A Purpose (16.15.010)
21.20.700.B Definitions (16.15.020)
21.20.700.C Administration (16.15.030)
21.20.700.D Hazards (16.15.040)
21.20.700.E Clearing and grading permit required—Exceptions (16.15.050)
21.20.700.F Applications—Complete applications (16.15.060)
21.20.700.G Permit requirements (16.15.070)
21.20.700.H Liability insurance required—Exception (16.15.080)
21.20.700.I Operating conditions and standards of performance (16.15.090)
21.20.700.J Shorelines (16.15.100)
21.20.700.K Enforcement (16.15.110)
21.20.700.L Clearing standards (16.15.120)
Chap. 21.30 Zoning Districts
Chapter Summary:
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This chapter consolidates portions of the zoning related chapters of the existing development code. The intent of this chapter is to introduce and define the City’s zoning districts.
Sec. 21.30.100 Purpose and Interpretation (21A.05)
21.30.100.A Purpose (21A.05.030)
21.30.100.B Interpretation—Applicability and intent (21A.05.055)
21.30.100.C Interpretation—General (21A.05.060)
21.30.100.D Interpretation—Standard industrial classification (21A.05.070)
21.30.100.E Interpretation—Zoning maps (21A.05.080)
21.30.100.F Interpretation—Public request—Acknowledgement—Notice (21A.05.085)
21.30.100.G Classification of right-of-way (21A.05.100)
Sec. 21.30.200 Zones, Maps and Designations (21A.10)
21.30.200.A Zones and map designations established (21A.10.010)
21.30.200.B Zone and map designation purpose (21A.10.020)
21.30.200.C Urban residential zone (21A.10.030)
21.30.200.D Neighborhood business zone (21A.10.040)
21.30.200.E Community business zone (21A.10.050)
21.30.200.F Office zone (21A.10.060)
21.30.200.G Map designation—Special district overlay (21A.10.070)
21.30.200.H Zoning maps and boundaries (21A.10.080)
Sec. 21.30.300 District Standards—Density and Dimensions (21A.25)
21.30.300.A Purpose (21A.25.010)
21.30.300.B Interpretation of tables (21A.25.020)
21.30.300.C Densities and dimensions—Residential zones (21A.25.030)
21.30.300.D Densities and dimensions—Commercial zones (21A.25.040)
21.30.300.E Measurement methods (21A.25.050)
21.30.300.F Minimum urban residential density (21A.25.060)
21.30.300.G Calculations—Allowable dwelling units, lots or floor area, lot coverage (21A.25.070)
21.30.300.H Calculations—Site area used for density calculations (21A.25.080)
21.30.300.I Calculations—Site area used for minimum density calculations (21A.25.090)
21.30.300.J Lot area—Prohibited reduction (21A.25.110)
21.30.300.K Measurement of setbacks (21A.25.120)
21.30.300.L Setbacks—Specific building or use (21A.25.130)
21.30.300.M Setbacks—Livestock buildings and manure storage areas (21A.25.140)
21.30.300.N Setbacks—Modifications (21A.25.150)
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21.30.300.O Setbacks—Required building separation (21A.25.155)
21.30.300.P Setbacks—From regional utility corridors (21A.25.160)
21.30.300.Q Setbacks—From alley (21A.25.170)
21.30.300.R Setbacks—Required modifications (21A.25.180)
21.30.300.S Setbacks—Projections and structures allowed (21A.25.190)
21.30.300.T Height—Exceptions to limits (21A.25.200)
21.30.300.U Lot divided by zone boundary (21A.25.210)
21.30.300.V Sight distance requirements (21A.25.220)
Sec. 21.30.400 Technical Terms and Land Use Definitions (21A.15)
21.30.400.A Scope of chapter (21A.15.005)
21.30.400.B Definitions (21A.15.007 – 21A.15.1435)
Chap. 21.40 Uses
Chapter Summary:
This chapter includes the recodified version of Chapter 21A.20 Permitted Uses from the existing development code.
Sec. 21.40.100 Principal Uses (21A.20)
21.40.100.A Establishment of uses (21A.20.010)
21.40.100.B Interpretation of land use tables (21A.20.020)
21.40.100.C Residential land uses (21A.20.030)
21.40.100.D Townhouse development (21A.30.040)
21.40.100.E Attached dwellings and group residence—Applicability (21A.30.050)
21.40.100.F Attached dwellings and group residences—Building façade modulation (21A.30.070)
21.40.100.G Mixed use development—Percentages of residential uses (21A.30.080)
21.40.100.H Mixed use development—Residential density (21A.30.090)
21.40.100.I Mixed use development—Building floor area (21A.30.100)
21.40.100.J Mixed use development—Shared parking (21A.30.110)
21.40.100.K Mobile home parks—Standards for existing parks (21A.30.120)
21.40.100.L Mobile home parks—Standards for new parks (21A.30.130)
21.40.100.M Nonresidential use design standards (21A.30.240)
21.40.100.N Recreational/cultural land uses (21A.20.040)
21.40.100.O General services land uses (21A.20.050)
21.40.100.P Government/business services land uses (21A.20.060)
21.40.100.Q Public agency and utility yards—Design requirements (21A.30.250)
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21.40.100.R Satellite public agency and utility yards—Design requirements (21A.30.260)
21.40.100.S Retail land uses (21A.20.070)
21.40.100.T Manufacturing land uses (21A.20.080)
21.40.100.U Resource land uses (21A.20.090)
21.40.100.V Regional land uses (21A.20.100)
Sec. 21.40.200 Accessory Uses (21A.65)
21.40.200.A Purpose (21A.65.010)
21.40.200.B Animal regulations—Small animals (21A.65.020)
21.40.200.C Animal regulations—Livestock—Management standards (21A.65.030)
21.40.200.D Animal regulations—Livestock—Building requirements (21A.65.040)
21.40.200.E Home businesses (21A.65.050)
21.40.200.F Home industry (21A.65.060)
Sec. 21.40.300 Temporary Uses (21A.70)
21.40.300.A Temporary use permits—Uses requiring permits (21A.70.100)
21.40.300.B Temporary use permits—Exemptions to permit requirement (21A.70.110)
21.40.300.C Temporary use permits—Duration and frequency (21A.70.120)
21.40.300.D Temporary use permits—Parking (21A.70.130)
21.40.300.E Temporary use permits—Traffic control (21A.70.140)
21.40.300.F Temporary construction buildings (21A.70.150)
21.40.300.G Temporary construction residence (21A.70.160)
21.40.300.H Temporary mobile home for medical hardship (21A.70.170)
21.40.300.I Temporary real estate offices (21A.70.180)
21.40.300.J Temporary school facilities (21A.70.190)
21.40.300.K Temporary homeless encampment use permit (21A.70.195)
21.40.300.L Purpose (New)
Sec. 21.40.400 Re-use of Facilities (21A.70)
21.40.400.A Re-use of facilities—General standards (21A.70.200)
21.40.400.B Re-use of facilities—Re-establishment of closed public school facilities (21A.70.210)
Chap. 21.50 Development Standards
Chapter Summary:
This chapter consolidates all development and design standards from the existing development code except for those related to the natural environment.
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Sec. 21.50.100 Development Standards—Design Requirements (21A.30)
21.50.100.A Purpose (21A.30.010)
Sec. 21.50.200 Design Standards—Landscaping and Irrigation (21A.35)
21.50.200.A Purpose (21A.35.010)
21.50.200.B Application (21A.35.020)
21.50.200.C Landscaping (21A.35.030 – 21A.35.100)
21.50.200.D Garbage and trash storage design (21A.30.185)
21.50.200.E Fences (21A.30.190)
21.50.200.F Trail corridors—Applicability (21A.30.200 – 21A.30.220)
21.50.200.G Outdoor lighting (21A.30.230)
21.50.200.H Maintenance (21A.35.110)
21.50.200.I Financial guarantees (21A.35.120)
21.50.200.J Water use and irrigation (21A.35.130 – 21A.35.200)
Sec. 21.50.300 Development Standards—Parking and Circulation (21A.40)
21.50.300.A Purpose (21A.40.010)
21.50.300.B Authority and application (21A.40.020)
21.50.300.C Computation of required off-street parking spaces (21A.40.030)
21.50.300.D Shared parking requirements (21A.40.040)
21.50.100.E Attached dwellings and group residences—Vehicular access and parking location (21A.30.060)
21.50.300.F Exceptions for community residential facilities (CRF) and senior citizen assisted housing (21A.40.050)
21.50.300.G Parking for new lots created under SMC Title 19A (21A.40.055)
21.50.300.H Parking for the disabled (21A.40.060)
21.50.300.I Electric vehicle parking stations—Provisions for (21A.40.065)
21.50.300.J Loading space requirements (21A.40.070)
21.50.300.K Stacking spaces for drive-through facilities (21A.40.080)
21.50.300.L Transit and rideshare provisions (21A.40.090)
21.50.300.M Pedestrian and bicycle circulation and access (21A.40.100)
21.50.300.N Off-street parking plan design standards (21A.40.110)
21.50.300.O Off-street parking construction standards (21A.40.120)
21.50.300.P Electric vehicle charging spaces (21A.40.125)
21.50.300.Q Compact car allowance requirements (21A.40.130)
21.50.300.R Internal circulation street standards (21A.40.140)
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Sec. 21.50.400 Development Standards—Adequacy of Public Facilities and Services (21A.60)
21.50.400.A Purpose (21A.60.010)
21.50.400.B General requirements (21A.60.020)
21.50.400.C Adequate sewage disposal (21A.60.030)
21.50.400.D Adequate water supply (21A.60.040)
21.50.400.E Surface water management (21A.60.050)
21.50.400.F Adequate streets (21A.60.060)
21.50.400.G Adequate vehicular access (21A.60.070)
21.50.400.H Adequate fire protection (21A.60.080)
21.50.400.I School concurrency—Applicability and relationship to fees (21A.60.090)
21.50.400.J Findings, recommendations, and decisions regarding school capabilities (21A.60.100)
21.50.400.K Annual council review (21A.60.110)
21.50.400.L School concurrency standard (21A.60.120)
21.50.400.M Credit for improvements (21A.60.130)
Sec. 21.50.500 Signage (21A.45)
21.50.500.A Purpose (21A.45.010)
21.50.500.B Permit Requirements (21A.45.020)
21.50.500.C Exempt signs (21A.45.030)
21.50.500.D Prohibited signs (21A.45.040)
21.50.500.E Sign area calculation (21A.45.050)
21.50.500.F Permanent signs (21A.45.060)
21.50.500.G Temporary signs (21A.45.070)
21.50.500.H Legal nonconforming signs (21A.45.080)
21.50.500.I Variance (21A.45.090)
21.50.500.J Enforcement (21A.45.100)
Sec. 21.50.600 Wireless Communication Facilities (21A.55)
21.50.600.A Purpose (21A.55.010)
21.50.600.B Applicability (21A.55.020)
21.50.600.C Exemptions (21A.55.030)
21.50.600.D Permit required (21A.55.040)
21.50.600.E Application requirements (21A.55.050)
21.50.600.F Sitting hierarchy (21A.55.060)
21.50.600.G Base station hierarchy (21A.55.070)
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21.50.600.H General requirements (21A.55.080)
21.50.600.I Design standards (21A.55.090)
21.50.600.J Technical evaluation (21A.55.100)
21.50.600.K Interference (21A.55.110)
21.50.600.L Cessation of use (21A.55.120)
21.50.600.M Light poles (21A.55.130)
Sec. 21.50.700 Transfer of Development Rights (21A.80)
21.50.700.A Purpose and intent (21A.80.010)
21.50.700.B Applicability (21A.80.020)
21.50.700.C Sending site categories and criteria (21A.80.030)
21.50.700.D Receiving sites (21A.80.040)
21.50.700.E Calculation of available development rights from sending sites (21A.80.050)
21.50.700.F Sending site certification (21A.80.060)
21.50.700.G Documentation of restrictions (21A.80.070)
21.50.700.H Sending site development limitations (21A.80.080)
21.50.700.I Receiving site incentives (21A.80.090)
21.50.700.J TDR transfer process (21A.80.100)
Sec. 21.50.800 Protection and Preservation of Landmarks (21.10)
21.50.800.A Findings and declaration of purpose (21.10.010)
21.50.800.B Landmarks commission created – Membership and organization (21.10.030)
21.50.800.C Designation criteria (21.10.040)
21.50.800.D Nomination procedure (21.10.050)
21.50.800.E Designation procedure (21.10.060)
21.50.800.F Certificate of appropriateness procedure (21.10.070)
21.50.800.G Evaluation of economic impact (21.10.080)
21.50.800.H Appeal procedure (21.10.090)
21.50.800.I Penalty for violation of SMC 21.10.060 (21.10.100)
21.50.800.J Special valuation of historic properties (21.10.110)
21.50.800.K Historic resources—Review process (21.10.120)
21.50.800.L Administrative rules (21.10.130)
21.50.800.M Severability (21.10.140)
Sec. 21.50.900 Definitions (New)
21.50.900.A Definitions (21.10.020)
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Chap. 21.60 Town Center
Chapter Summary:
This chapter includes an unaltered version of Title 21B Town Center Development Code from the existing Municipal Code. This chapter’s contents are intended to remain as-is.
Sec. 21.60.100 Authority, Purpose, Interpretation and Administration (21B.05)
Sec. 21.60.200 Zones, Maps and Designations (21B.10)
Sec. 21.60.300 Technical Terms and Land Use Definitions (21B.15)
Sec. 21.60.400 Permitted Uses (21B.20)
Sec. 21.60.500 Development Standards—Density and Dimensions (21B.25)
Sec. 21.60.600 Development Standards—Design Requirements (21B.30)
Sec. 21.60.700 Development Standards—Landscaping and Irrigation (21B.35)
Sec. 21.60.800 Development Standards—Parking and Circulation (21B.40)
Sec. 21.60.900 Signage (21B.45)
Sec. 21.60.1000 Affordable Housing (21B.75)
Sec. 21.60.1100 Development Standards—Interim Stormwater Standards (21B.85)
Sec. 21.60.1200 Unified Zone Development Plans (21B.95)
Sec. 21.60.1300 Development Standards—Interim Street Design Standards (21B.96)
Chap. 21.70 Public Works and Buildings (NEW)
Chapter Summary:
This chapter consolidates chapters within Title 14 Public Works and Transportation, Title 14A Public Facilities, and Title 16 Buildings and Construction from the existing municipal code. Except for a new construction and building code cross-reference table, most of Title 16 will remain in the Municipal Code as-is.
Sec. 21.70.100 Public Works and Facilities (14A.01)
21.70.100.A Public works standards adopted (14A.01.010)
21.70.100.B Resolution of conflicts (14A.01.020)
21.70.100.C Appeals (14A.01.030)
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Sec. 21.70.200 Concurrency (14A.10)
21.70.200.A Concurrency requirement (14A.10.010)
21.70.200.B Application for certificate of concurrency (14A.10.020)
21.70.200.C Exemptions from concurrency test (14A.10.030)
21.70.200.D Concurrency test (14A.10.040)
21.70.200.E Level of service standards (14A.10.050)
21.70.200.F Certificate of concurrency (14A.10.060)
21.70.200.G Fees (14A.10.070)
21.70.200.H Appeals (14A.10.080)
Sec. 21.70.300 Street Impact Fees (14A.15)
21.70.300.A Findings and authority (14A.15.010)
21.70.300.B Assessment of impact fees (14A.15.020)
21.70.300.C Exemptions (14A.15.030)
21.70.300.D Credits (14A.15.040)
21.70.300.E Tax adjustments (14A.15.050)
21.70.300.F Appeals (14A.15.060)
21.70.300.G Establishment of impact fee accounts (14A.15.070)
21.70.300.H Refunds (14A.15.080)
21.70.300.I Use of funds (14A.15.090)
21.70.300.J Review (14A.15.100)
21.70.300.K Street impact fee rates (14A.15.110)
21.70.300.L Independent fee calculations (14A.15.120)
21.70.300.M Administrative fees (14A.15.130)
21.70.300.N Mitigation of adverse environmental impacts (14A.15.140)
Sec. 21.70.400 Impact Fees for Parks and Recreational Facilities (14A.20)
21.70.400.A Findings and authority (14A.20.010)
21.70.400.B Assessment of impact fees (14A.20.020)
21.70.400.C Exemptions (14A.20.030)
21.70.400.D Credits (14A.20.040)
21.70.400.E Tax adjustments (14A.20.050)
21.70.400.F Appeals (14A.20.060)
21.70.400.G Establishment of impact fee accounts (14A.20.070)
21.70.400.H Refunds (14A.20.080)
21.70.400.I Use of funds (14A.20.090)
21.70.400.J Review (14A.20.100)
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21.70.400.K Park and recreational facilities impact fee rates (14A.20.110)
21.70.400.L Independent fee calculations (14A.20.120)
21.70.400.M Administrative fees (14A.20.130)
21.70.400.N Mitigation of adverse environmental impacts (14A.20.140)
Sec. 21.70.500 Impact Fee Deferral (14A.25)
21.70.500.A Purpose (14A.25.010)
21.70.500.B Applicability (14A.25.020)
21.70.500.C Impact fee deferral (14A.25.030)
21.70.500.D Deferral term (14A.25.040)
21.70.500.E Deferral impact fee lien (14A.25.050)
21.70.500.F Limitation on deferrals (14A.25.060)
Sec. 21.70.600 Right-of-Way Use Permits (14A.30)
21.70.600.A Purpose—Permit required (14A.30.010)
21.70.600.B Right-of-way use permit application process and fee (14A.30.020)
21.70.600.C Right-of-way use permit types (14A.30.025)
21.70.600.D Type A right-of-way special use permit (14A.30.030)
21.70.600.E Type B right-of-way construction permit (14A.30.040)
21.70.600.F Type C right-of-way lease permit (14A.30.050)
21.70.600.G Type D right-of-way lease permit (14A.30.060)
21.70.600.H Revocation or suspension of permit (14A.30.070)
21.70.600.I Enforcement (14A.30.080)
Sec. 21.70.700 Construction Codes Cross Reference Table (NEW)
21.70.700.A Cross reference table (NEW)
Sec. 21.70.800 Definitions (14A.05)
21.70.800.A Definitions (14A.05.010, 14A.30.015)
Chap. 21.80 Administration
Chapter Summary:
This chapter expands Title 20 Administrative Procedures/Environmental Policy from the existing Municipal Code to include other administrative procedures from other existing development code chapters.
Sec. 21.80.100 Procedures for Land Use Permit Applications, Public Notice, Hearings and Appeals (20.05)
21.80.100.A Chapter purpose (20.05.010)
21.80.100.B Classifications of land use decision processes (20.05.020)
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21.80.100.C Feasibility conference—Preapplication conference (20.05.030)
21.80.100.D Neighborhood meetings (20.05.035)
21.80.100.E Unified zone development plan process (20.05.037)
21.80.100.F Application requirements (20.05.040)
21.80.100.G Notice of complete application to applicant (20.05.050)
21.80.100.H Notice of application (20.05.060)
21.80.100.I Vesting (20.05.070)
21.80.100.J Applications—Modifications to proposal (20.05.080)
21.80.100.K Reasonable accommodation (20.05.085)
21.80.100.L Notice of decision or recommendation—Appeals (20.05.090)
21.80.100.M Permit issuance (20.05.100)
21.80.100.N Semi-annual report (20.05.110)
21.80.100.O Citizen’s guide (20.05.120)
Sec. 21.80.200 Hearing Examiner (20.10)
21.80.200.A Chapter purpose (20.10.010)
21.80.200.B Office created (20.10.020)
21.80.200.C Appointment and terms (20.10.030)
21.80.200.D Removal (20.10.040)
21.80.200.E Qualifications (20.10.050)
21.80.200.F Pro tem examiners (20.10.060)
21.80.200.G Jurisdiction of the hearing examiner (20.10.070)
21.80.200.H Appeal to examiner—Filing (20.10.080)
21.80.200.I Dismissal of untimely appeals (20.10.090)
21.80.200.J Expeditious processing (20.10.100)
21.80.200.K Time limits (20.10.110)
21.80.200.L Condition, modification and restriction examples (20.10.120)
21.80.200.M Quasi-judicial powers (20.10.130)
21.80.200.N Freedom from improper influence (20.10.140)
21.80.200.O Public hearing (20.10.150)
21.80.200.P Consolidation of hearings (20.10.160)
21.80.200.Q Prehearing conference (20.10.170)
21.80.200.R Notice (20.10.180)
21.80.200.S Rules and conduct of hearings (20.10.190)
21.80.200.T Examiner findings, recommendations, and decisions (20.10.210 – 20.10.240)
21.80.200.U Judicial review of final decisions of the hearing examiner (20.10.250)
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21.80.200.V Reconsideration of final action (20.10.260)
21.80.200.W Citizen’s guide (20.10.270)
21.80.200.X Semi-annual report (20.10.280)
21.80.200.Y Site-specific land use map amendment (20.10.290)
Sec. 21.80.300 State Environmental Policy Act (SEPA) Procedures (20.15)
21.80.300.A Lead agency (20.15.020)
21.80.300.B Purpose and general requirements (20.15.030)
21.80.300.C Categorical exemptions and threshold determinations (20.15.040)
21.80.300.D Planned actions (20.15.050)
21.80.300.E Environmental impact statements and other environmental documents (20.15.060)
21.80.300.F Comments and public notice (20.15.070)
21.80.300.G Use of existing environmental documents (20.15.080)
21.80.300.H Substantive authority (20.15.090)
21.80.300.I SEPA/GMA integration (20.15.100)
21.80.300.J Ongoing actions (20.15.110)
21.80.300.K Responsibility as consulted agency (20.15.120)
21.80.300.L Appeals (20.15.130)
21.80.300.M Department procedural rules (20.15.140)
Sec. 21.80.400 Land Use Mediation Program (20.20)
21.80.400.A Introduction (20.20.010)
21.80.400.B When mediation is available (20.20.030)
21.80.400.C Notice of availability of mediation (20.20.040)
21.80.400.D Neighborhood meetings for plat applications (20.20.050)
21.80.400.E Request for mediation—Responses (20.20.060)
21.80.400.F Attendance—Representation (20.20.070)
21.80.400.G When mediation may occur (20.20.080)
21.80.400.H Time of mediation (20.20.090)
21.80.400.I Waiver of hearing and review time limits (20.20.100)
21.80.400.J Selection of mediator (20.20.110)
21.80.400.K Costs of mediation (20.20.120)
21.80.400.L Notice of mediation (20.20.130)
21.80.400.M Authority of the mediator (20.20.140)
21.80.400.N Use of experts (20.20.150)
21.80.400.O General order of mediation (20.20.160)
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21.80.400.P Agreements resulting from mediation (20.20.170)
Sec. 21.80.500 Commercial Site Development Permits (21A.95)
21.80.500.A Purpose (21A.95.010)
21.80.500.B Applicability (21A.95.020)
21.80.500.C Public comments (21A.95.030)
21.80.500.D Application of development standards (21A.95.040)
21.80.500.E Approval (21A.95.050)
21.80.500.F Financial guarantees (21A.95.060)
21.80.500.G Project phasing—Limitation of permit approval (21A.95.070)
21.80.500.H Modification to an approved permit (21A.95.080)
21.80.500.I Administrative rules (21A.95.090)
Sec. 21.80.600 Development Permit Fees (21A.97)
21.80.600.A King County Code Title 27 (Development Permit Fees) adopted (21A.97.010)
Sec. 21.80.700 Review Procedures—Notice Requirements (21A.100)
21.80.700.A Administration and review authority (21A.05.090)
21.80.700.B Review (21A.05.095)
21.80.700.C Code compliance review—Actions subject to review (21A.100.010)
21.80.700.D Code compliance review—Notice requirements and comment period (21A.100.020)
21.80.700.E Code compliance review—Decisions and appeals (21A.100.030)
21.80.700.F Director review—Actions subject to review (21A.100.040)
21.80.700.G Director review—Decision regarding proposal (21A.100.050)
21.80.700.H Director review—Procedure for issuance of interpretations (21A.100.055)
21.80.700.I Director review—Decision and interpretation final unless appealed (21A.100.060)
21.80.700.J Examiner review—Zone reclassifications and special use permits (21A.100.070)
21.80.700.K Combined review (21A.100.080)
21.80.700.L Establishment of hearing rules (21A.100.090)
21.80.700.M Records (21A.100.100)
21.80.700.N Modifications and expansions of uses or developments authorized by existing land use permits—Permits defined (21A.100.110)
21.80.700.O Modifications or expansions of uses or developments authorized by existing land use permits—When use now permitted outright (21A.100.120)
21.80.700.P Modifications or expansions of uses authorized by existing land use permits—Required findings (21A.100.130)
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21.80.700.Q Modifications and expansions—Use or development authorized by an existing planned unit development approval (21A.100.140)
21.80.700.R Modifications and expansions—Uses or development authorized by existing conditional use, special use, or unclassified use permits (21A.100.150)
Sec. 21.80.800 Application Requirements— Notice Methods (21A.90)
21.80.800.A Applications—Limitations on refiling of applications (21A.90.010)
Sec. 21.80.900 School Impact Fees (21A.105)
21.80.900.A Authority (21A.105.010)
21.80.900.B Purpose (21A.105.020)
21.80.900.C Impact fee program elements (21A.105.030)
21.80.900.D Fee calculations (21A.105.040)
21.80.900.E Fee collection (21A.105.050)
21.80.900.F Assessment of impact fees (21A.105.060)
21.80.900.G Adjustments, exceptions, and appeals (21A.105.070)
21.80.900.H Exemption or reduction for low- or moderate-income housing (21A.105.080)
21.80.900.I Impact fee accounts and refunds (21A.105.090)
21.80.900.J Formula for determining school impact fees (21A.105.100)
Sec. 21.80.1000 Decision Criteria (21A.110)
21.80.1000.A Purpose (21A.110.010)
21.80.1000.B Temporary use permit (21A.110.020)
21.80.1000.C Variance (21A.110.030)
21.80.1000.D Conditional use permit (21A.110.040)
21.80.1000.E Special use permit (21A.110.050)
21.80.1000.F Zone reclassification (21A.110.060)
Sec. 21.80.1100 Enforcement (21A.115)
21.80.1100.A Purpose (21A.115.010)
21.80.1100.B Authority and application (21A.115.020)
21.80.1100.C Violations defined (21A.115.030)
21.80.1100.D Permit suspension, revocation or modification (21A.115.040)
21.80.1100.E Initiation of revocation or modification proceedings (21A.115.050)
Sec. 21.80.1200 Moving Buildings (16.10)
21.80.1200.A Purpose—Scope (16.10.010)
21.80.1200.B Permit required (16.10.030)
21.80.1200.C Permit—Application information (16.10.040)
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21.80.1200.D Permit—Application—Deposits and fees (16.10.050)
21.80.1200.E Permit—Conditions for granting (16.10.060)
21.80.1200.F Special requirements (16.10.070)
21.80.1200.G Permit refused—When (16.10.080)
21.80.1200.H Violation—Penalty (16.10.090)
Sec. 21.80.1300 Nonconformance (21A.70)
21.80.1300.A Purpose (21A.70.010)
21.80.1300.B Nonconformance—Applicability (21A.70.020)
21.80.1300.C Nonconformance—Creation, continuation, and forfeiture of nonconformance status (21A.70.030)
21.80.1300.D Nonconformance—Abatement of illegal use, structure or development (21A.70.040)
21.80.1300.E Nonconformance—Re-establishment of discontinued nonconforming use, or damaged or destroyed nonconforming structure or site improvement (21A.70.050)
21.80.1300.F Nonconformance—Modifications to nonconforming use, structure, or site improvement (21A.70.060)
21.80.1300.G Nonconformance—Expansions of nonconforming uses, structures, or site improvements (21A.70.070)
21.80.1300.H Nonconformance—Required findings (21A.70.080)
21.80.1300.I Nonconformance—Residences (21A.70.090)
Sec. 21.80.400 Definitions (20.20.020, 16.10.020, 20.15.010)
Chap. 21.95 Definitions (NEW)
Chapter Summary:
This chapter is intended to consolidate all definitions and technical terms relevant to the entire Unified Development Code document. Definitions and technical terms that are only relevant to a specific chapter will remain in the that chapter’s own definitions section.
Sec. 21.80.100 Definitions (NEW)
21.80.100.A Definitions (NEW)
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The outline below follows the existing Municipal Code outline and illustrates where
the existing provisions will be placed in the new Unified Development Code outline. Content listed
below will be moved from its existing location to the new Chapter 21A. Unified Development Code
(except where expressly noted as a “copy” of an existing provision). The new location is in
parentheses after the title (21.20.500, for example)
TITLE 1 General Provisions
Ch. 1.01 Code Adoption 1.01.060 Severability (copy from 21.05.800) 1.01.070 Effective Date (copy from 21.05.500)
TITLE 13 Surface Water Management (21.20.500)
Ch. 13.05 Authority, Purpose, General Provisions, and Administration (21.20.500.A)
Ch. 13.10 Definitions (21.20.500.B)
Ch. 13.15 Surface Water Development Charge (21.20.500.C)
Ch. 13.20 Surface Water Runoff Regulations (21.20.500.D)
Ch. 13.25 Surface Water Management Program (21.20.500.E)
Ch. 13.30 Water Quality (21.20.500.F)
Ch. 13.35 Fertilizers (21.20.500.G)
TITLE 14A Public Facilities
Ch. 14A.01 Public Works and Facilities (21.70.100) 14A.01.010 Public works standards adopted (21.70.100.A) 14A.01.020 Resolution of conflicts (21.70.100.B) 14A.01.030 Appeals (21.70.100.C)
Ch. 14A.05 Definitions (21.70.800)
Ch. 14A.10 Concurrency (21.70.200) 14A.10.010 Concurrency requirement (21.70.200.A) 14A.10.020 Application for certificate of concurrency (21.70.200.B) 14A.10.030 Exemptions from concurrency test (21.70.200.C) 14A.10.040 Concurrency test (21.70.200.D) 14A.10.050 Level of service standards (21.70.200.E) 14A.10.060 Certificate of concurrency (21.70.200.F) 14A.10.070 Fees (21.70.200.G) 14A.10.080 Appeals (21.70.200.H)
Ch. 14A.15 Street Impact Fees (21.70.300) 14A.15.010 Findings and authority (21.70.300.A) 14A.15.020 Assessment of impact fees (21.70.300.B) 14A.15.030 Exemptions (21.70.300.C) 14A.15.040 Credits (21.70.300.D)
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14A.15.050 Tax adjustments (21.70.300.E) 14A.15.060 Appeals (21.70.300.F) 14A.15.070 Establishment of impact fee accounts (21.70.300.G) 14A.15.080 Refunds (21.70.300.H) 14A.15.090 Use of funds (21.70.300.I) 14A.15.100 Review (21.70.300.J) 14A.15.110 Street impact fee rates (21.70.300.K) 14A.15.120 Independent fee calculations (21.70.300.L) 14A.15.130 Administrative fees (21.70.300.M) 14A.15.140 Mitigation of adverse environmental impacts (21.70.300.N)
Ch. 14A.20 Impact Fees for Parks and Recreational Facilities (21.70.400) 14A.20.010 Findings and authority (21.70.400.A) 14A.20.020 Assessment of impact fees (21.70.400.B) 14A.20.030 Exemptions (21.70.400.C) 14A.20.040 Credits (21.70.400.D) 14A.20.050 Tax adjustments (21.70.400.E) 14A.20.060 Appeals (21.70.400.F) 14A.20.070 Establishment of impact fee accounts (21.70.400.G) 14A.20.080 Refunds (21.70.400.H) 14A.20.090 Use of funds (21.70.400.I) 14A.20.100 Review (21.70.400.J) 14A.20.110 Park and recreational facilities impact fee rates (21.70.400.K) 14A.20.120 Independent fee calculations (21.70.400.L) 14A.20.130 Administrative fees (21.70.400.M) 14A.20.140 Mitigation of adverse environmental impacts (21.70.400.N)
Ch. 14A.25 Impact Fee Deferral (21.70.500) 14A.25.010 Purpose (21.70.500.A) 14A.25.020 Applicability (21.70.500.B) 14A.25.030 Impact fee deferral (21.70.500.C) 14A.25.040 Deferral term (21.70.500.D) 14A.25.050 Deferral impact fee lien (21.70.500.E) 14A.25.060 Limitation on deferrals (21.70.500.F)
Ch. 14A.30 Right-of-Way Use Permits (21.70.600) 14A.30.010 Purpose—Permit required (21.70.600.A) 14A.30.020 Right-of-way use permit application process and fee (21.70.600.B) 14A.30.025 Right-of-way use permit types (21.70.600.C) 14A.30.030 Type A right-of-way special use permit (21.70.600.D) 14A.30.040 Type B right-of-way construction permit (21.70.600.E) 14A.30.050 Type C right-of-way lease permit (21.70.600.F) 14A.30.060 Type D right-of-way lease permit (21.70.600.G) 14A.30.070 Revocation or suspension of permit (21.70.600.H) 14A.30.080 Enforcement (21.70.600.I)
TITLE 16 Buildings and Construction
Ch. 16.10 Moving Buildings (21.80.1200) 16.10.010 Purpose—Scope (21.80.1200.A) 16.10.020 Definitions (21.80.400) 16.10.030 Permit required (21.80.1200.B) 16.10.040 Permit—Application information (21.80.1200.C) 16.10.050 Permit—Application—Deposits and fees (21.80.1200.D)
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16.10.060 Permit—Conditions for granting (21.80.1200.E) 16.10.070 Special requirements (21.80.1200.F) 16.10.080 Permit refused—When (21.80.1200.G) 16.10.090 Violation—Penalty (21.80.1200.H)
Ch. 16.15 Clearing and Grading (21.20.700) 16.15.010 Purpose (21.20.700.A) 16.15.020 Definitions (21.20.700.B) 16.15.030 Administration (21.20.700.C) 16.15.040 Hazards (21.20.700.D) 16.15.050 Clearing and grading permit required—Exceptions (21.20.700.E) 16.15.060 Applications—Complete applications (21.20.700.F) 16.15.070 Permit requirements (21.20.700.G) 16.15.080 Liability insurance required—Exception (21.20.700.H) 16.15.090 Operating conditions and standards of performance (21.20.700.I) 16.15.100 Shorelines (21.20.700.J) 16.15.110 Enforcement (21.20.700.K) 16.15.120 Clearing standards (21.20.700.L)
TITLE 19A Land Division (21.10.600)
Ch. 19A.01 Purpose (21.10.600.A)
Ch. 19A.04 Definitions (21.10.600.B)
Ch. 19A.08 Administration (21.10.600.C)
Ch. 19A.12 Subdivisions and Short Subdivisions (21.10.600.D)
Ch. 19A.16 Final Plat and Final Short Plat Maps for Preliminarily Approved Subdivisions and Short Subdivisions (21.10.600.E)
Ch. 19A.20 Binding Site Plans (21.10.600.F)
Ch. 19A.24 Boundary Line Adjustments (21.10.600.G)
TITLE 20 Administrative Procedures/Environmental Policy
Ch. 20.05 Procedures for Land Use Permit Applications, Public Notice, Hearings and Appeals (21.80.100)
20.05.010 Chapter purpose (21.80.100.A) 20.05.020 Classifications of land use decision processes (21.80.100.B) 20.05.030 Feasibility conference—Preapplication conference (21.80.100.C) 20.05.035 Neighborhood meetings (21.80.100.D) 20.05.037 Unified zone development plan process (21.80.100.E) 20.05.040 Application requirements (21.80.100.F) 20.05.050 Notice of complete application to applicant (21.80.100.G) 20.05.060 Notice of application (21.80.100.H) 20.05.070 Vesting (21.80.100.I) 20.05.080 Applications—Modifications to proposal (21.80.100.J) 20.05.085 Reasonable accommodation (21.80.100.K) 20.05.090 Notice of decision or recommendation—Appeals (21.80.100.L) 20.05.100 Permit issuance (21.80.100.M) 20.05.110 Semi-annual report (21.80.100.N) 20.05.120 Citizen’s guide (21.80.100.O)
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Ch. 20.10 Hearing Examiner (21.80.200) 20.10.010 Chapter purpose (21.80.200.A) 20.10.020 Office created (21.80.200.B) 20.10.030 Appointment and terms (21.80.200.C) 20.10.040 Removal (21.80.200.D) 20.10.050 Qualifications (21.80.200.E) 20.10.060 Pro tem examiners (21.80.200.F) 20.10.070 Jurisdiction of the hearing examiner (21.80.200.G) 20.10.080 Appeal to examiner—Filing (21.80.200.H) 20.10.090 Dismissal of untimely appeals (21.80.200.I) 20.10.100 Expeditious processing (21.80.200.J) 20.10.110 Time limits (21.80.200.K) 20.10.120 Condition, modification and restriction examples (21.80.200.L) 20.10.130 Quasi-judicial powers (21.80.200.M) 20.10.140 Freedom from improper influence (21.80.200.N) 20.10.150 Public hearing (21.80.200.O) 20.10.160 Consolidation of hearings (21.80.200.P) 20.10.170 Prehearing conference (21.80.200.Q) 20.10.180 Notice (21.80.200.R) 20.10.190 Rules and conduct of hearings (21.80.200.S) 20.10.210 Additional examiner findings—Reclassifications (21.80.200) 20.10.220 Additional examiner findings – Preliminary plats (21.80.200) 20.10.230 Additional examiner findings and recommendations – School capacities
(21.80.200) 20.10.240 Examiner findings, recommendations, and decisions (21.80.200) 20.10.250 Judicial review of final decisions of the hearing examiner (21.80.200.U) 20.10.260 Reconsideration of final action (21.80.200.V) 20.10.270 Citizen’s guide (21.80.200.W) 20.10.280 Semi-annual report (21.80.200.X) 20.10.290 Site-specific land use map amendment (21.80.200.Y)
Ch. 20.15 State Environmental Policy Act (SEPA) Procedures (21.80.300) 20.15.010 Definitions and abbreviations (21.80.400) 20.15.020 Lead agency (21.80.300.A) 20.15.030 Purpose and general requirements (21.80.300.B) 20.15.040 Categorical exemptions and threshold determinations (21.80.300.C) 20.15.050 Planned actions (21.80.300.D) 20.15.060 Environmental impact statements and other environmental documents
(21.80.300.E) 20.15.070 Comments and public notice (21.80.300.F) 20.15.080 Use of existing environmental documents (21.80.300.G) 20.15.090 Substantive authority (21.80.300.H) 20.15.100 SEPA/GMA integration (21.80.300.I) 20.15.110 Ongoing actions (21.80.300.J) 20.15.120 Responsibility as consulted agency (21.80.300.K) 20.15.130 Appeals (21.80.300.L) 20.15.140 Department procedural rules (21.80.300.M)
Ch. 20.20 Land Use Mediation Program (21.80.400) 20.20.010 Introduction (21.80.400.A) 20.20.030 When mediation is available (21.80.400.B) 20.20.020 Definitions (21.80.400) 20.20.040 Notice of availability of mediation (21.80.400.C)
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20.20.050 Neighborhood meetings for plat applications (21.80.400.D) 20.20.060 Request for mediation—Responses (21.80.400.E) 20.20.070 Attendance—Representation (21.80.400.F) 20.20.080 When mediation may occur (21.80.400.G) 20.20.090 Time of mediation (21.80.400.H) 20.20.100 Waiver of hearing and review time limits (21.80.400.I) 20.20.110 Selection of mediator (21.80.400.J) 20.20.120 Costs of mediation (21.80.400.K) 20.20.130 Notice of mediation (21.80.400.L) 20.20.140 Authority of the mediator (21.80.400.M) 20.20.150 Use of experts (21.80.400.N) 20.20.160 General order of mediation (21.80.400.O) 20.20.170 Agreements resulting from mediation (21.80.400.P)
TITLE 21 Historic Preservation
Ch. 21.10 Protection and Preservation of Landmarks (21.50.800) 21.10.010 Findings and declaration of purpose (21.50.800.A) 21.10.020 Definitions (21.50.900.A) 21.10.030 Landmarks commission created – Membership and organization
(21.50.800.B) 21.10.040 Designation criteria (21.50.800.C) 21.10.050 Nomination procedure (21.50.800.D) 21.10.060 Designation procedure (21.50.800.E) 21.10.070 Certificate of appropriateness procedure (21.50.800.F) 21.10.080 Evaluation of economic impact (21.50.800.G) 21.10.090 Appeal procedure (21.50.800.H) 21.10.100 Penalty for violation of SMC 21.10.060 (21.50.800.I) 21.10.110 Special valuation of historic properties (21.50.800.J) 21.10.120 Historic resources—Review process (21.50.800.K) 21.10.130 Administrative rules (21.50.800.L) 21.10.140 Severability (21.50.800.M)
TITLE 21A Development Code
Ch. 21A.05 Purpose and Interpretation (21.30.100) 21A.05.020 Authority to adopt code (21.05.400) 21A.05.030 Purpose (21.30.100.A) 21A.05.040 Conformity with this title required (21.30.300.B) 21A.05.050 Minimum requirements (21.05.600) 21A.05.055 Interpretation—Applicability and intent (21.30.100.B) 21A.05.060 Interpretation—General (21.30.100.C) 21A.05.070 Interpretation—Standard industrial classification (21.30.100.D) 21A.05.080 Interpretation—Zoning maps (21.30.100.E) 21A.05.085 Interpretation—Public request—Acknowledgement—Notice (21.30.100.F) 21A.05.090 Administration and review authority (21.80.700.A) 21A.05.095 Review (21.80.700.B) 21A.05.100 Classification of right-of-way (21.30.100.G) 21A.05.110 Title (21.05.300, 21.05.300.A) 21A.05.110 Drawings (21.05.700)
Ch. 21A.10 Zones, Maps and Designations (21.30.200) 21A.10.010 Zones and map designations established (21.30.200.A)
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21A.10.020 Zone and map designation purpose (21.30.200.B) 21A.10.030 Urban residential zone (21.30.200.C) 21A.10.040 Neighborhood business zone (21.30.200.D) 21A.10.050 Community business zone (21.30.200.E) 21A.10.060 Office zone (21.30.200.F) 21A.10.070 Map designation—Special district overlay (21.30.200.G) 21A.10.080 Zoning maps and boundaries (21.30.200.H)
Ch. 21A.15 Technical Terms and Land Use Definitions (21.30.400)
Ch. 21A.20 Principal Uses (21.40.100) 21A.20.010 Establishment of uses (21.40.100.A) 21A.20.020 Interpretation of land use tables (21.40.100.B) 21A.20.030 Residential land uses (21.40.100.C) 21A.20.040 Recreational/cultural land uses (21.40.100.N) 21A.20.050 General services land uses (21.40.100.O) 21A.20.060 Government/business services land uses (21.40.100.P) 21A.20.070 Retail land uses (21.40.100.S) 21A.20.080 Manufacturing land uses (21.40.100.T) 21A.20.090 Resource land uses (21.40.100.U) 21A.20.100 Regional land uses (21.40.100.V)
Ch. 21A.25 District Standards—Density and Dimensions (21.30.300) 21A.25.010 Purpose (21.30.300.A) 21A.25.020 Interpretation of tables (21.30.300.B) 21A.25.030 Densities and dimensions—Residential zones (21.30.300.C) 21A.25.040 Densities and dimensions—Commercial zones (21.30.300.D) 21A.25.050 Measurement methods (21.30.300.E) 21A.25.060 Minimum urban residential density (21.30.300.F) 21A.25.070 Calculations—Allowable dwelling units, lots or floor area, lot coverage
(21.30.300.G) 21A.25.080 Calculations—Site area used for density calculations (21.30.300.H) 21A.25.090 Calculations—Site area used for minimum density calculations (21.30.300.I) 21A.25.110 Lot area—Prohibited reduction (21.30.300.J) 21A.25.120 Measurement of setbacks (21.30.300.K) 21A.25.130 Setbacks—Specific building or use (21.30.300.L) 21A.25.140 Setbacks—Livestock buildings and manure storage areas (21.30.300.M) 21A.25.150 Setbacks—Modifications (21.30.300.N) 21A.25.155 Setbacks—Required building separation (21.30.300.O) 21A.25.160 Setbacks—From regional utility corridors (21.30.300.P) 21A.25.170 Setbacks—From alley (21.30.300.Q) 21A.25.180 Setbacks—Required modifications (21.30.300.R) 21A.25.190 Setbacks—Projections and structures allowed (21.30.300.S) 21A.25.200 Height—Exceptions to limits (21.30.300.T) 21A.25.210 Lot divided by zone boundary (21.30.300.U) 21A.25.220 Sight distance requirements (21.30.300.V)
Ch. 21A.30 Development Standards—Design Requirements (21.50.100) 21A.30.010 Purpose (21.50.100.A) 21A.30.020 Lot segregations—Zero lot line development (21.10.300.D) 21A.30.030 Lot segregations—Clustered development (21.10.300.E) 21A.30.040 Townhouse development (21.40.100.D) 21A.30.050 Attached dwellings and group residence—Applicability (21.40.100.E)
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21A.30.060 Attached dwellings and group residences—Vehicular access and parking location (21.50.100.E)
21A.30.070 Attached dwellings and group residences—Building façade modulation (21.40.100.F)
21A.30.080 Mixed use development—Percentages of residential uses (21.40.100.G) 21A.30.090 Mixed use development—Residential density (21.40.100.H) 21A.30.100 Mixed use development—Building floor area (21.40.100.I) 21A.30.110 Mixed use development—Shared parking (21.40.100.J) 21A.30.120 Mobile home parks—Standards for existing parks (21.40.100.K) 21A.30.130 Mobile home parks—Standards for new parks (21.40.100.L) 21A.30.140 On-site recreation—Space required (21.10.300.I) 21A.30.150 Recreation space—Fees in lieu of (21.10.300.J) 21A.30.160 On-site recreation—Play areas required (21.10.300.K) 21A.30.170 On-site recreation—Maintenance of recreation space or dedication
(21.10.300.M) 21A.30.180 Storage space and collection points for recyclables (21.10.300.L) 21A.30.185 Garbage and trash storage design (21.50.200.D) 21A.30.190 Fences (21.50.200.E) 21A.30.200 Trail corridors – Applicability (21.50.200.F) 21A.30.210 Trail corridors – Development standards (21.50.200.F) 21A.30.220 Trail corridors – Maintenance of trail corridors/improvements (21.50.200.F) 21A.30.230 Outdoor lighting (21.50.200.G) 21A.30.240 Nonresidential use design standards (21.40.100.M) 21A.30.250 Public agency and utility yards—Design requirements (21.40.100.Q) 21A.30.260 Satellite public agency and utility yards—Design requirements (21.40.100.R)
Ch. 21A.35 Design Standards—Landscaping and Irrigation (21.50.200) 21A.35.010 Purpose (21.50.200.A) 21A.35.020 Application (21.50.200.B) 21A.35.030 Landscaping – Screen types and description (21.50.200.C) 21A.35.040 Landscaping – Street frontages (21.50.200.C) 21A.35.050 Landscaping – Side and rear lot lines (21.50.200.C) 21A.35.055 Landscaping – Drainage facilities (21.50.200.C) 21A.35.060 Landscaping – Surface parking areas (21.50.200.C) 21A.35.070 Landscaping – General standards for all landscape areas (21.50.200.C) 21A.35.080 Landscaping – Additional standards for required landscape areas
(21.50.200.C) 21A.35.090 Landscaping – Alternative options (21.50.200.C) 21A.35.100 Landscaping – Plan design, design review, and installation (21.50.200.C) 21A.35.110 Maintenance (21.50.200.H) 21A.35.120 Financial guarantees (21.50.200.I) 21A.35.130 Water use – Applicability of water budget for landscape areas (21.50.200.J) 21A.35.140 Water use – Irrigation water budget calculated (21.50.200.J) 21A.35.150 Water use – Estimated water use calculated (21.50.200.J) 21A.35.160 Water use – Irrigation efficiency goals and system design standards
(21.50.200.J) 21A.35.170 Water use – Irrigation system design, design review and audit at installation
(21.50.200.J) 21A.35.180 Water use – Irrigation design plan contents (21.50.200.J) 21A.35.190 Water use – Irrigation schedules (21.50.200.J) 21A.35.200 Water use – Irrigation system maintenance (21.50.200.J)
Ch. 21A.37 Development Standards – Trees (21.20.600)
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21A.37.200 Purpose (21.20.600.A) 21A.37.210 Approval required (21.20.600.B) 21A.37.215 Calculations—Rounding (21.20.600.C) 21A.37.220 Evaluation required (21.20.600.D) 21A.37.230 Exemptions (21.20.600.E) 21A.37.240 Removal standards (21.20.600.F) 21A.37.250 Retention standards (21.20.600.G) 21A.37.260 Variances (21.20.600.H) 21A.37.270 Tree protection standards (21.20.600.I) 21A.37.280 Tree replacement standards (21.20.600.J) 21A.37.290 Violation—Criminal penalties (21.20.600.K)
Ch. 21A.40 Development Standards—Parking and Circulation (21.50.300) 21A.40.010 Purpose (21.50.300.A) 21A.40.020 Authority and application (221.50.300.B) 21A.40.030 Computation of required off-street parking spaces (21.50.300.C) 21A.40.040 Shared parking requirements (21.50.300.D) 21A.40.050 Exceptions for community residential facilities (CRF) and senior citizen
assisted housing (21.50.300.F) 21A.40.055 Parking for new lots created under SMC Title 19A (21.50.300.G) 21A.40.060 Parking for the disabled (21.50.300.H) 21A.40.065 Electric vehicle parking stations—Provisions for (21.50.300.I) 21A.40.070 Loading space requirements (21.50.300.J) 21A.40.080 Stacking spaces for drive-through facilities (21.50.300.K) 21A.40.090 Transit and rideshare provisions (21.50.300.L) 21A.40.100 Pedestrian and bicycle circulation and access (21.50.300.M) 21A.40.110 Off-street parking plan design standards (21.50.300.N) 21A.40.120 Off-street parking construction standards (21.50.300.O) 21A.40.125 Electric vehicle charging spaces (21.50.300.P) 21A.40.130 Compact car allowance requirements (21.50.300.Q) 21A.40.140 Internal circulation street standards (21.50.300.R)
Ch. 21A.45 Signage (21.50.500) 21A.45.010 Purpose (21.50.500.A) 21A.45.020 Permit Requirements (21.50.500.B) 21A.45.030 Exempt signs (21.50.500.C) 21A.45.040 Prohibited signs (21.50.500.D) 21A.45.050 Sign area calculation (21.50.500.E) 21A.45.060 Permanent signs (21.50.500.F) 21A.45.070 Temporary signs (21.50.500.G) 21A.45.080 Legal nonconforming signs (21.50.500.H) 21A.45.090 Variance (21.50.500.I) 21A.45.100 Enforcement (21.50.500.J)
Ch. 21A.50 Environmentally Critical Areas (21.20.200) 21A.50.010 Purpose (21.20.200.A) 21A.50.020 Applicability (21.20.200.B) 21A.50.030 Appeals (21.20.200.C) 21A.50.040 Critical areas rules (21.20.200.D) 21A.50.045 Fees (21.20.200.E) 21A.50.050 Complete exemptions (21.20.200.F) 21A.50.060 Allowances for existing urban development and other uses (21.20.200.G) 21A.50.070 Exceptions (21.20.200.H) 21A.50.090 Critical area maps and inventories (21.20.200.I)
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21A.50.100 Disclosure by applicant (21.20.200.J) 21A.50.110 Critical area review (21.20.200.K) 21A.50.120 Critical areas study requirement (21.20.200.K) 21A.50.130 Contents of critical areas study (21.20.200.K) 21A.50.135 Avoiding impacts to critical areas (21.20.200.L) 21A.50.140 Mitigation, maintenance, monitoring and contingency (21.20.200.M) 21A.50.145 Mitigation plan requirements (21.20.200.N) 21A.50.150 Financial guarantees (21.20.200.O) 21A.50.160 Vegetation management plan (21.20.200.P) 21A.50.170 Critical area markers, signs and fencing (21.20.200.Q) 21A.50.180 Notice on title (21.20.200.R) 21A.50.190 Critical area tracts and designations on site plans (21.20.200.S) 21A.50.200 Alteration (21.20.200.T) 21A.50.210 Building setbacks (21.20.200.U) 21A.50.220 Erosion hazard areas – Development standards and permitted alterations
(21.20.200.V) 21A.50.225 Erosion hazards near sensitive water bodies overlay (21.20.200.V) 21A.50.230 Frequently flooded areas (21.20.200.V) 21A.50.240 Flood hazard areas – Certification by engineer or surveyor (21.20.200.V) 21A.50.260 Landslide hazard areas – Development standards and permitted alterations
(21.20.200.V) 21A.50.270 Seismic hazard areas – Development standards and permitted alterations
(21.20.200.V) 21A.50.280 Critical aquifer recharge areas—Development standards (21.20.200.W) 21A.50.290 Wetlands – Development standards (21.20.200.X) 21A.50.300 Wetlands – Permitted alterations (21.20.200.X) 21A.50.310 Wetlands – Mitigation requirements (21.20.200.X) 21A.50.315 Wetlands – Alternative mitigation (21.20.200.X) 21A.50.320 Wetlands – Development flexibilities (21.20.200.X) 21A.50.322 Wetland management area – Special district overlay (21.20.200.X) 21A.50.325 Fish and wildlife habitat conservation areas – Development standards
(21.20.200.Y) 21A.50.327 Fish and wildlife habitat corridors (21.20.200.Y) 21A.50.330 Streams – Development standards (21.20.200.Z) 21A.50.340 Streams – Permitted alterations (21.20.200.Z) 21A.50.350 Streams – Mitigation requirements (21.20.200.Z) 21A.50.351 Ponds – Development standards (21.20.200.Z) 21A.50.352 Lake Sammamish buffer – Permitted alterations (21.20.200.Z) 21A.50.355 Lake management areas – Special district overlay (21.20.200.Z)
Ch. 21A.55 Wireless Communication Facilities (21.50.600) 21A.55.010 Purpose (21.50.600.A) 21A.55.020 Applicability (21.50.600.B) 21A.55.030 Exemptions (21.50.600.C) 21A.55.040 Permit required (21.50.600.D) 21A.55.050 Application requirements (21.50.600.E) 21A.55.060 Sitting hierarchy (21.50.600.F) 21A.55.070 Base station hierarchy (21.50.600.G) 21A.55.080 General requirements (21.50.600.H) 21A.55.090 Design standards (21.50.600.I) 21A.55.100 Technical evaluation (21.50.600.J) 21A.55.110 Interference (21.50.600.K) 21A.55.120 Cessation of use (21.50.600.L)
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21A.55.130 Light poles (21.50.600.M)
Ch. 21A.60 Development Standards—Adequacy of Public Facilities and Services (21.50.400)
21A.60.010 Purpose (21.50.400.A) 21A.60.020 General requirements (21.50.400.B) 21A.60.030 Adequate sewage disposal (21.50.400.C) 21A.60.040 Adequate water supply (21.50.400.D) 21A.60.050 Surface water management (21.50.400.E) 21A.60.060 Adequate streets (21.50.400.F) 21A.60.070 Adequate vehicular access (21.50.400.G) 21A.60.080 Adequate fire protection (21.50.400.H) 21A.60.090 School concurrency—Applicability and relationship to fees (21.50.400.I) 21A.60.100 Findings, recommendations, and decisions regarding school capabilities
(21.50.400.J) 21A.60.110 Annual council review (21.50.400.K) 21A.60.120 School concurrency standard (21.50.400.L) 21A.60.130 Credit for improvements (21.50.400.M)
Ch. 21A.65 Accessory Uses (21.40.200) 21A.65.010 Purpose (21.40.200.A) 21A.65.020 Animal regulations—Small animals (21.40.200.B) 21A.65.030 Animal regulations—Livestock—Management standards (21.40.200.C) 21A.65.040 Animal regulations—Livestock—Building requirements (21.40.200.D) 21A.65.050 Home businesses (21.40.200.E) 21A.65.060 Home industry (21.40.200.F)
Ch. 21A.70 Nonconformance (21.80.1300) 21A.70.010 Purpose (21.80.1300.A) 21A.70.020 Nonconformance—Applicability (21.80.1300.B) 21A.70.030 Nonconformance—Creation, continuation, and forfeiture of
nonconformance status (21.80.1300.C) 21A.70.040 Nonconformance—Abatement of illegal use, structure or development
(21.80.1300.D) 21A.70.050 Nonconformance—Re-establishment of discontinued nonconforming use,
or damaged or destroyed nonconforming structure or site improvement (21.80.1300.E)
21A.70.060 Nonconformance—Modifications to nonconforming use, structure, or site improvement (21.80.1300.F)
21A.70.070 Nonconformance—Expansions of nonconforming uses, structures, or site improvements (21.80.1300.G)
21A.70.080 Nonconformance—Required findings (21.80.1300.H) 21A.70.090 Nonconformance—Residences (21.80.1300.I)
Ch. 21A.70 Temporary Uses (21.40.300) 21A.70.100 Temporary use permits—Uses requiring permits (21.40.300.A) 21A.70.110 Temporary use permits—Exemptions to permit requirement (21.40.300.B) 21A.70.120 Temporary use permits—Duration and frequency (21.40.300.C) 21A.70.130 Temporary use permits—Parking (21.40.300.D) 21A.70.140 Temporary use permits—Traffic control (21.40.300.E) 21A.70.150 Temporary construction buildings (21.40.300.F) 21A.70.160 Temporary construction residence (21.40.300.G) 21A.70.170 Temporary mobile home for medical hardship (21.40.300.H) 21A.70.180 Temporary real estate offices (21.40.300.I)
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21A.70.190 Temporary school facilities (21.40.300.J) 21A.70.195 Temporary homeless encampment use permit (21.40.300.K)
Ch. 21A.70 Re-use of Facilities (21.40.400) 21A.70.200 Re-use of facilities—General standards (21.40.400.A) 21A.70.210 Re-use of facilities—Re-establishment of closed public school facilities
(21.40.400.B)
Ch. 21A.75 Residential Density Incentives (21.10.500) 21A.75.010 Purpose (21.10.500.A) 21A.75.020 Permitted locations of residential density incentives (21.10.500.B) 21A.75.030 Maximum densities permitted through residential density incentive review
(21.10.500.C) 21A.75.040 Public benefits and density incentives (21.10.500.D) 21A.75.050 Rules for calculating total permitted dwelling units (21.10.500.E) 21A.75.060 Review process (21.10.500.F) 21A.75.070 Minor adjustments in final site plans (21.10.500.G) 21A.75.080 Applicability of development standards (21.10.500.H)
Ch. 21A.80 Transfer of Development Rights (21.50.700) 21A.80.010 Purpose and intent (21.50.700.A) 21A.80.020 Applicability (21.50.700.B) 21A.80.030 Sending site categories and criteria (21.50.700.C) 21A.80.040 Receiving sites (21.50.700.D) 21A.80.050 Calculation of available development rights from sending sites (21.50.700.E) 21A.80.060 Sending site certification (21.50.700.F) 21A.80.070 Documentation of restrictions (21.50.700.G) 21A.80.080 Sending site development limitations (21.50.700.H) 21A.80.090 Receiving site incentives (21.50.700.I) 21A.80.100 TDR transfer process (21.50.700.J)
Ch. 21A.85 Low Impact Development (21A.85) 21A.85.010 Intent and goals (21.20.300.A) 21A.85.020 Applicability (21.20.300.B) 21A.85.030 Low impact development approaches (21.20.300.C) 21A.85.040 LID incentives (21.20.300.D) 21A.85.050 Review (21.20.300.E)
Ch. 21A.90 Application Requirements— Notice Methods (21.80.800) 21A.90.010 Applications—Limitations on refiling of applications (21.80.800.A)
Ch. 21A.95 Commercial Site Development Permits (21.80.500) 21A.95.010 Purpose (21.80.500.A) 21A.95.020 Applicability (21.80.500.B) 21A.95.030 Public comments (21.80.500.C) 21A.95.040 Application of development standards (21.80.500.D) 21A.95.050 Approval (21.80.500.E) 21A.95.060 Financial guarantees (21.80.500.F) 21A.95.070 Project phasing—Limitation of permit approval (21.80.500.G) 21A.95.080 Modification to an approved permit (21.80.500.H) 21A.95.090 Administrative rules (21.80.500.I)
Ch. 21A.97 Development Permit Fees (21.80.600) 21A.97.010 King County Code Title 27 (Development Permit Fees) adopted
(21.80.600.A)
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Ch. 21A.100 Review Procedures—Notice Requirements (21.80.700) 21A.100.010 Code compliance review—Actions subject to review (21.80.700.C) 21A.100.020 Code compliance review—Notice requirements and comment period
(21.80.700.D) 21A.100.030 Code compliance review—Decisions and appeals (21.80.700.E) 21A.100.040 Director review—Actions subject to review (21.80.700.F) 21A.100.050 Director review—Decision regarding proposal (21.80.700.G) 21A.100.055 Director review—Procedure for issuance of interpretations (21.80.700.H) 21A.100.060 Director review—Decision and interpretation final unless appealed
(21.80.700.I) 21A.100.070 Examiner review—Zone reclassifications and special use permits
(21.80.700.J) 21A.100.080 Combined review (21.80.700.K) 21A.100.090 Establishment of hearing rules (21.80.700.L) 21A.100.100 Records (21.80.700.M) 21A.100.110 Modifications and expansions of uses or developments authorized by
existing land use permits—Permits defined (21.80.700.N) 21A.100.120 Modifications or expansions of uses or developments authorized by existing
land use permits—When use now permitted outright (21.80.700.O) 21A.100.130 Modifications or expansions of uses authorized by existing land use
permits—Required findings (21.80.700.P) 21A.100.140 Modifications and expansions—Use or development authorized by an
existing planned unit development approval (21.80.700.Q) 21A.100.150 Modifications and expansions—Uses or development authorized by existing
conditional use, special use, or unclassified use permits (21.80.700.R)
Ch. 21A.105 School Impact Fees (21.80.900) 21A.105.010 Authority (21.80.900.A) 21A.105.020 Purpose (21.80.900.B) 21A.105.030 Impact fee program elements (21.80.900.C) 21A.105.040 Fee calculations (21.80.900.D) 21A.105.050 Fee collection (21.80.900.E) 21A.105.060 Assessment of impact fees (21.80.900.F) 21A.105.070 Adjustments, exceptions, and appeals (21.80.900.G) 21A.105.080 Exemption or reduction for low- or moderate-income housing (21.80.900.H) 21A.105.090 Impact fee accounts and refunds (21.80.900.I) 21A.105.100 Formula for determining school impact fees (21.80.900.J)
Ch. 21A.110 Decision Criteria (21.80.1000) 21A.110.010 Purpose (21.80.1000.A) 21A.110.020 Temporary use permit (21.80.1000.B) 21A.110.030 Variance (21.80.1000.C) 21A.110.040 Conditional use permit (21.80.1000.D) 21A.110.050 Special use permit (21.80.1000.E) 21A.110.060 Zone reclassification (21.80.1000.F)
Ch. 21A.115 Enforcement (21.80.1100) 21A.115.010 Purpose (21.80.1100.A) 21A.115.020 Authority and application (21.80.1100.B) 21A.115.030 Violations defined (21.80.1100.C) 21A.115.040 Permit suspension, revocation or modification (21.80.1100.D) 21A.115.050 Initiation of revocation or modification proceedings (21.80.1100.E)
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TITLE 21B Town Center (21.60)
Ch. 21B.05 Authority, Purpose, Interpretation and Administration (21.60.100)
Ch. 21B.10 Zones, Maps and Designations (21.60.200)
Ch. 21B.15 Technical Terms and Land Use Definitions (21.60.300)
Ch. 21B.20 Permitted Uses (21.60.400)
Ch. 21B.25 Development Standards—Density and Dimensions (21.60.500)
Ch. 21B.30 Development Standards—Design Requirements (21.60.600)
Ch. 21B.35 Development Standards—Landscaping and Irrigation (21.60.700)
Ch. 21B.40 Development Standards—Parking and Circulation (21.60.800)
Ch. 21B.45 Signage (21.60.900)
Ch. 21B.75 Affordable Housing (21.60.1000)
Ch. 21B.85 Development Standards—Interim Stormwater Standards (21.60.1100)
Ch. 21B.95 Unified Zone Development Plans (21.60.1200)
Ch. 21B.96 Development Standards—Interim Street Design Standards (21.60.1300)
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
12 of 118 PC
Question: As written: “Strom water facilities should be
designated as visual community amenities where visible.” Is
this saying, “Strom water facilities that are visible should be
designated as visual community amenities”? Visible from
where? Should all storm water facilities be designated as visual
community amenities?
The intent is for stormwater facilities that are visible from
public spaces (streets, parks, etc..) or private properties be
designed as visual amenities rather than a requirement for all
facilities to be visual amenities. The design standards have
more specific requirements particularly for stormwater
facilities that are along an arterial.
14 PCShould be “300” not “200” it is within 21.30.300 Neighborhood
Design StandardsUpdated to 300.
16 PC
Goal P.1 and Goal EC.1 are not referenced in the text above
these statements, and seem out of place. Should they be
indented, added as bullets or otherwise referenced?
These will be added to the Unified Development Code as a sidebar
and are not directly part of the development regulations.
25 PCWhat are the implications of the >6,000 sf requiring to retain
and infiltrate all stormwater runoff on-site?
The Floor to Area Ratio standard will ensure that homes are
appropriately sized for each parcel and create more opportunities for
on-site stormwater retention assuming flood risks are mitigated and
engineering standards are met. Limiting mass grading and clearing
will also create more opportunities for site specific approaches to site
and drainage design. Retaining more stormwater on individual sites
may reduce infrastructure costs elsewhere in the project. The
standards provide flexibility in cases where topography or other
challenges limit the ability for on-site treatment.
26 PCTop of page, “French drains…” need this to be subsection “c” or
added to prior paragraph?Updated formatting as suggested.
27 PC
Question: What are the anticipated results of limiting single-
family dwellings to not exceeding 85% of total residential units
provided?
The anticipated results are more diversity in housing types as
opposed to projects that are entirely single-family detached
housing.
28 PC“A neighborhood meeting in accordance with SMC …” is “shall
occur” needed?Updated as suggested.
28 PC font change in the a – g list
The code document will be entirely reformatted for the Unified
Development Code over the summer with consistent fonts, styles,
and formatting.
28 PC Same as #2 above, is “shall occur” needed? Updated as suggested.
28 PC indent the lettered list
The code document will be entirely reformatted for the Unified
Development Code over the summer with consistent fonts, styles,
and formatting.
29 PC
Since this is in a section starting with planned developments
must meet the following criteria, it might be helpful to state
more clearly that the list in #2 are examples. “The planned
development provides clear public benefit that exceed a
standard development proposal, examples of which might
include:”
Updated as suggested.
30 PC “On sites without an approved…removal or hazardous trees,”
Replace “or” with “of”Updated as suggested.
July 1, 2021 - Planning Commission Meeting
July 1, 2021: Meeting Materials
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission Meeting
43 PC Question: Reason for “updates at least weekly”?
To ensure regular communication and awareness of
construction activities in the neighborhood for the upcoming
week.
44 PC delete “a” in “a project guidance” Updated as suggested.
48 PC
What are the implications of requiring a new application for: An
increase of 2 or more parking stalls, An increase of 500 or more
sf of impervious surface, or Any reduction in size of any lots
The applicant would still benefit from the prior review of the
application to date assuming other elements of the project
remained unchanged. The primary purpose of the new
application is to provide public notice and allow for additional
public comment, which would add time to the permitting
process.
Updated to add percentage thresholds for changes that require a new
application.
53 PCThis might be first (and only?) use of “districts” to be consistent
with rest of document, should this be R-zones?Updated to R-zones as suggested.
55 PC indents jump from “i” to “iii” Updated as suggested.
71 PCClarify that year-round screening is required even if mature
trees are preserved for buffers related to civic uses.Updated as suggested.
12 PCSuggest removing redundant wording in the first sentence in
21.30.200.Updated as suggested.
42 PCAdd more specific requirements for sign boards including the
required size.
Updated as suggested to add a minimum sizes for all sign boards of
24"x36".
16 GP
2. Context, 4th line has an extraneous '.' period after "assets" in
the middle of a sentence. Remove, or replace with comma, then
re-read wording to check wording and if intent is correct. Seems
duplicative as written, (likely just due to editing error(s)?)
Updated as suggested.
49 GP Clarify how the parking setback applies in 21A.25.030Updated to clarify the setback applies to parking provided to satisfy
minimum off-street parking requirements.
What is the incentive for a builder to do PUD like this rather
than net density?
First, we made changes to the base program by using FAR, so
building big homes on small lots is much harder. Instead of
being able to build a certain number of units, you can build
more, but smaller units. This would be a benefit of PUB. The
density is not capped by square footage.
There is still a unit on what types of units can be built? Still
neighborhood/residential type development.
Correct. Still residential, but can allow for more density. We
hope that the PUD will allow us to better align with the City's
Comp Plan and housing strategies of allowing more density in
residential areas.
Are there upper limit thresholds to how a builder can carve up
land in regards to adding affordable units in order to maximize
total number of units built?
We did propose a 20% cap on affordable units the other is the
density in the main part of the PUD program, but it'd be the
same square footage as the base program. Another way is
looking at the square footage rather than number of units.
With PUD we are moving away from traditional zoning to form
base zoning where you can fit more into a site if designed
properly.
June 3, 2021 Planning Commission Meeting
June 3, 2021: Meeting Materials
June 17, 2021 - Planning Commission
June 17, 2021: Meeting Materials
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission MeetingSuggest we seek input from the Fire Department regarding the
design of turnarounds on dead end streets
Add text to the design principles section in Neighborhood
Design explaining how they are applied.Added text in 21.30.200
Consider wildfires and wildfire safety in project design
Explain driveway width standard and add a graphicAn explanation and graphic will be added to the Unified
Development Code for each of the R -zones.
Clarify the standard regarding garage visibility.Removed text about the garage being visible. The detached garage
simply has to be rear accessed and detached to qualify.
Clarify requirements for planting a "large tree"Updated code to add specific caliper and size requirements for new
trees in 21A.25.030.
Add a definition for Floor to Area (FAR) ratio Added a definition in 21A.15.507
Suggest clarifying that up to 5 non-significant trees may be
removed without requiring a clearing and grading permit.
Eliminated the limit on the number of trees and focused limits on
properties without and approved land use in 16.15.050.
Add more specific requirements, including a timeline, for tree
protection plans and advanced tree vigor. Require plan to
submitted with permit application.
Updated draft code in 21A.37.270 to add more detail and a
requirement that actions be completed at least 3 months before
construction starts. The tree plan must be submitted with the permit
application.
Provide flexibility on school access if arterials or collector streets
are not available.
Updated draft code in 21A.67.020(4) to allow access from a
residential street when other options are not available.
Add a developable area limit for reasonable use exceptions for
single-family homes. Added a limit of 2,500 sq ft of developable area to 21A.50.070(2)(c)
Topic 5 Is there a difference in setting new regulations on an existing
zone or creating a new one?
There is overlap in terms of standards, but if you had a specific
civic zone, it would have a more narrow set of uses. We can
create standards now, but create a zone in Phase 3.
Topic 5A civic use is different than school use. Why are we grouping
them?
Civic could be church, school, public building… it's partly the
use but more the scale of the project. Has to do with setback
and uses which may or may not fit in certain areas.
Topic 5Adding a separate use zone would be good to delineate what is
able to happen on the properties. Agreed - this is a progression and could be done in phase 3
Topic 5
I don't know that it makes sense to apply a set of standards to
all civic uses. I think schools may require special sets of
standards and we may want to be more lenient.
That is a good idea. Added to notes.
Topic 7A baseline standard is important. It's hard to hold anyone
accountable if there isn't a set standard.Implementing LID is challenging and your right.
Is the City staffed to inspect these standards?
Staff is stretched thin, but there are a number of things that
deal with enforcement like construction management plans
and monitoring. During construction enforcement. We're also
going to try and leverage licensed professionals which can be
verified by the City.
Would adopting a LID standard help us reduce restrictions
elsewhere like with sewer capacities?
Initial thought is no as stormwater is build for a single
development. If we are able to reduce runoff that goes into
facilities, you could potentially reduce cost to the city for
maintaining the facility.
May 6, 2021 - Planning Commission
May 6: Meeting Materials
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission MeetingLID is site specific. Concern that a baseline standard may not
apply to all site equally.
This is a challenge of LID - the root though is flooding. So that
is front and center on all sites. LID codes should also have
flexibility and vary approaches.
The changes we are talking about are moving from and
incentive based LID to something that could be done based on
site feasibility?
Correct.
Topic 6 What does the hearing examiner use to make a decisionThey use the code, case law, testimony, and look at
surrounding area.
It seems like we are replacing the director with the hearing
examiner who has a broader toolset
Examiners have experience with land use law that spans
beyond Sammamish and may be able to help guide us like in
the case of RUE. The Standards piece would help guide the
examiner in their decisions.
The lack of visibility is an issue. Can we add visibility and keep it
at the department level? Is there an appeal process
Yes there is an appeal process. And we can beef up the
internal process like noticing and public commenting.
Topic 31
There should be some formula used to increase the cost of a
fine based on the value of the development to scale fines
appropriately.
Agreed. Good comments.
What would this mean for someone only building one home in
their lot.
In theory, people should be doing this already. It's following
through on reporting requirements and meeting permit
requirements. Communication requirements with neighbors.
It's not adding a lot of new requirement, but stuff that should
already be happening. It's meant for bigger projects.
Why should we have a pre-construction meeting if it's an
additional cost
it's helpful to have all parties, including city parties, in one
room. It could be streamlined if some previous steps are met,
but it would be good for new builders to Sammamish.
We could develop a training course that could act in-lieu of this
pre-construction meeting
Yes- will talk to staff about that and this fits in well with the
SSD conversations.
We are reacting to large developers, but I worry we may be
impacting the SFR. Has there been thought to separate sets of
codes for small and large developments.
It's hard to create that distinction based on who the applicant
is, but we can do that based on the scale of project, which is
what we are trying to achieve. You can also set standards to
prevent large home developments that we are wanting to
avoid.
Neighborhood DesignWe can use open space requirements as a dial and set it
somewhere we are comfortable with.
Completely agree. We have those in the base program
currently, but we can adjust those to force large projects into
PUDs. This is a great tool and something we will need to
discuss with the City Council.
I think open space calculations should not include lands they'd
need to protect in development anyways including steep slopes.
We can set criteria for protecting steep slopes and making sure
they are not included in density calculations.
We should recognize what people don’t like in current bad
developments which is no yards, and did grading in a way
where the homes sit way above other homes in the area.
There's no proportionality.
We agree and these are very good comments. We are trying to
have grading be less severe and have homes meet the existing
land instead of making their own landforms.
Open space is pushed into pockets and it is not made usable or
walkable. Is there any requirement to make that space usable
by other members of the community?
Not at this point, but that's something we can regulate
through these updates. May add a criteria to join open spaces
with existing neighboring open spaces so each development
doesn't act as its own island.
April 1, 2021 - Planning Commission
April 1, 2021: Meeting Materials
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission Meetingit seems like developers would prefer narrower lots to wider
lots in an effort to fit more in. Does that seem correct?
They may prefer narrower lots, but the lots in the example are
the same square footage. But narrower may mean there is less
road built.
With alleys in the back is a good idea to help make the
development feel less crowded, especially with parking
Agreed. Maybe we create a max percentage a driveway can be
which will force other parking solutions like an alley.
Anything with a retaining wall in main public view would be
omittedNoted.
Landscape buffers are great but can be a struggle to achieve. If
you have regs about how the structure can look from the main
arterial then compliment that with side yard planting or
backyard planting. Maybe it's limitations on what you can build
up against the buffer.
Agreed - great comments.
Do we have any inputs from residents on stormwater ponds -
do they cause issues?Typically no, but we can look into this.
I'm not sure a 15 minute neighborhood is possible here.
Walking to these places don't seem reasonable.
It would be small business that can serve a neighborhood.
These types of developments are not meant to replace the
Safeway trips, or big shopping trips, but supplement them.
Also things like local coffee shops or cafes.
I'm interested in how we accomplish the systems thinking and
connecting existing networksComment noted.
How are we accommodating affordability and variable housing
types?
Affordability is a tough issue - there are lots of ways we can
work to solve this like ADUs or other things that didn't used to
be allowed in SFR neighborhoods.
We want family friendly neighborhoods that think not just
about kids, but multigenerational homes with older family
members. Want to make sure neighborhood design is
considering this too.
Agreed. We hope to create diversity in housing types in all
residential districts which can help with affordability
Design comments - there is extreme differences between new
neighborhood and existing. This creates a tension visually and
with residents. They also don't connect.
We will want to require connections through neighborhoods.
We want to end the dead-end streets to nowhere.
Need to be thoughtful about size of streets. Smaller streets
seem better, but we need to make sure we can get utility and
emergency vehicles in there. Needs to be a balance.
We'll make sure we incorporate that going forward.
Topic 1 What is a community systems?
These are community septic systems. There are new
technologies that treat wastewater on the land and are much
more efficient that typical septic.
What percentage of Sammamish has septic?Not sure - but the objective is to have every property to be on
sewer eventually.
Since Sammamish is at it's sewage capacity, is that why King
County may be pushing on site waste water treatment?
This really is about the technology getting better and KC health
sees there is a benefit to new onsite treatment systems.
Does the sewer moratorium in the north push development to
the south?
We are looking at that right now. There's lot to consider and
may need to be done in Phase 3.
Quality of groundwater is the main issue. The new tech is
interesting but we just don't know enough about it. I think the
preference at this point should be connecting to sewer.
Noted.
Topic 4
The dead-end street problem seems more complex than it
seems to be. If we are trying to prevent mass grading, that may
run in conflict with street creation as it deals with steep slopes.
You're correct, it should be context sensitive.
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission MeetingA subdivision should have more than one way in or out.
There is an emergency access issue - we agree. We want to
make them more connected.
How do we plan for future development in terms of
connectivity?
This will be based on future traffic models and making sure we
are requiring connectivity, so not building up around all dead-
end streets. We need a requirement that a connectivity is set
aside.
Road network planning should be an early part of the design
process.
Yes, and staff need the authority to say that future
connectivity is required.
Can we have a provision that retaining walls and rockeries are
hidden by plantings?Yes, we can add that and require integrated landscape.
What's the purpose of maximum block length?
It's a way to encourage more connectivity in a neighborhood.
It should fit within the context, but it’s a way to provide ways
to move about the neighborhood.
Topic 10
If we decrease the FAR, then we can increase the native
planting requirement in a parcel? I prefer having more space for
more planting.
Good note, it also allows for more tree retention and tree
tracts. Most cities don't tend to get super heavy handed on
what type of planting occur on SFR site.
I worry if FAR gets too high, we'll get fish bowl type
developments with planting on the outside and homes shoved
in the middle.
Agreed - the FAR is a good dial. Also, people have the choice to
buy or not buy into a neighborhood that has higher FAR with
smaller lots and bigger homes. The question is how does it
impact the rest of the community.
We should be able to maintain and aesthetic on the main
arterials. Agreed - the buffers will help us to achieve this.
Do alley reduce the amount of plant-able space and increase
impervious surfaces?
Not really - it's about a driveway in the front or driveway in the
back. It offsets, or maybe slightly less. The alley itself does add
some impervious surface though.
Topic 13 Is TDR part of this? No, that's TC zoned. We don't have TDR with residential sites.
What are the negatives of these proposed solutions? I can see
folks being upset about smaller tree size?
There aren't many negatives of these solutions. It's about
setting standards for larger developments, which is where the
smaller trees comes from, which is geared for vacant sites.
Topic 27The impact is often felt on the downstream site - we should
acknowledge what is happen downstream during planning.
We do have that setup in Crit near sensitive water bodies. We
can expand that to other critical areas.
Item 24 Who determines what the value is?
There is a standardized structure value calendar that can be
used or a professional appraisal can be used. It is called the
Swift Estimator
Clarified in 21A.70.050 that it's based on current market value
21A.70.70 - does reestablishing in 12 months mean from the
original occupant or can another new owner/occupant establish
a non-conforming use?
Typically these things run with the land so if a new owner
established it, it would comply. This aligns with shoreline
master program.
n/a
"Minor" allowances - how is this determined? Minor and major
needs to be determined throughout
We would have criteria and defined within the chapter. We
still need to defined "minor" in terms of conditional use.
Expansion limited to 10% to be considered "minor". Updated
21A.100.150 to clarify that minor expansions can be approved
without going through full conditional use approval.
Are historic buildings excluded from these rules?
If a building is a landmark, it will be excepted from these. If it is
a historic resource, it does not, unless we include that
exclusion. We could refence out to title 21 Historic resources
to except them from this rule.
Updated 21A.70.030 to exempt historic landmarks and resources
March 18, 2021 - Planning Commission
March 18, 2021: Meeting Materials
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission MeetingIf there is a long-standing structure that is minorly out of
conformance, say slightly too close to setback, and it burns to
the ground, they would not be able to rebuild that house?
The could rebuild, but comply with the current code or go
through variance process. n/a
Follow Up: Should be very cautious to SFR who has to replace
house due to total loss - we need to be careful to tell them they
can't rebuild as it was. We should treat SFR and homeowners
differently than development.
Could exempt SFR or any other use or structures from these
requirements so they could rebuild in same footprint. Or could
have default have to re-comply with waiver process, or require
comply with code and variance if changes are wanted.
Updated 21A.70.050 to include a waiver provision and criteria for the
reconstruction of a detached SFR
What about exempting SFR where there's not change in
ownership which could exempt rebuild from lossCould check in with legal to understand if this would work. n/a
It seems pretty common in other cities that you have to comply
with new code - I agree they should comply with current code.n/a
Seconded, but there should be some sort of waiver if possible,
but there should be a bias towards new code. There new
property should have the same value once rebuilt, which could
be achieved by the waiver
See changes to 21A.70.050 noted above
What if the non-conformity was the reason for destruction and
should we be considering monetary value in these decisions. I
believe we should move towards new code.
Summary: Have something short of a variance - a waiver - for
SFR to allow for some non-conformity and exempt historic
structures.
Added waiver provision to 21A.70.050
#16If it's an enforcement issue, the builders will often look to the
inspectors as the building official
Yes - we train our staff to make those types of on the field
judgement callsn/a
$500 doesn't seem like enough for me with erosion control Increased to $2,500
There should be a level of parody between fine and type of
violations occurring.
We want to work with applicants to know how important
these standards are. We want also to have financial
guarantees to ensure they are adhering to limits, which works
for builder but may not single builder. Finally, when they are
building it and aren't doing it properly, we want to stop the
project and not let them continue until they reach compliance.
n/a
Bonds are a good tool to use for these types of scenarios. n/a
Would caution against differentiate the fees by project types or
linear feet of erosion control fence because you end up forcing
a city official about minor things like the total feet - want to
avoid creating situations where arguing can occur
Thinking more along the lines of how much is needed in plans. Increased financial guarantee for erosion control based on acreage
so it's easy to interpret and administer.
What happens if someone doesn't comply with fencing and the
erosion causes problems. Is the bond money used to rectify
those issues?
That's accommodated for in the assessment schedule. n/a
Would be in favor of a larger financial guarantee for erosion
controlIncreased financial guarantee to $2,500
Should be some multiplier for the type of developer to prevent
bigger projects choosing to break the rules.
Increased financial guarantee for erosion control with escalating
costs for larger projects based on project acreage.
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission MeetingWould we be able to do a guarantee per parcel or some other
means to bridge the gap to tie it to perceived value upon
completion.
Could use the value of the structure as a multiplier to figure
for the economy of scale of bigger development.
Added an escalating financial guarantee based on project acreage.
For subdivisions each parcel would be subject to a financial guarantee
for erosion control ($2,500 for projects less than 1 acre)
Does the city count the trees on each lot in development?
We require a site plan that includes all trees. Some may get
missed on the ground, but this work will allow us to use bond
money to repair tree protection fences and stop work them if
they are violating the tree protection rules in development.
n/a
Do we require a construction management plan in Sammamish
CSWIP is required. WE would like to add a construction
management plan to know what is planned for haul routes,
entry and exists, etc.
Requirements for a construction management plan were added in
16.20.222 as part of the pre-construction meeting.
Developers hire subs and often will not supervise closely - will
the language be clear that the party we hold responsible is the
permit applicant, i.e., the developer as they should be
managing the project closely.
That's the intent. We are also looking at tools like business
licenses requirements that is another form of enforcement.
Might not get direct fine, but as a pass through and we may be
able to prevent them from working in the City. We will
reference the applicant and owner
n/a
What is the purpose on non-compliance maximum penalty?
Why would we cap that?
Good question - we can take that out, but we need to check
with legal. Eliminated maximum fine in SMC 23.100.10.
Can the cap be put on an occurrence to trigger new timers as
it's new violations?Think so, yes. Eliminated maximum fine in SMC 23.100.10.
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission Meeting
The idea of being able to track what is happening in the city at
any time is a good idea.n/a
Good idea to have improved noticing requirements and they
notices should be conspicuous. Don't know how beneficial extra
noticing is - would like to hear from the City in how effectual
noticing is and how requested it is from public for projects.
n/a
Would like a way to sign up for notifications for projects around
me. If it's a website I have to search, it's too difficult.
We are thinking of a notification system that a user would sign
up to. Could be group text, email list, etc. People would sign
up if they wanted this info.
n/a
There's the mailing requirement already - doesn't this solve the
problem for people who aren't using social media?
Yes, but this doesn't cover SFR projects. Also, mail often falls
through the cracks. It's not a perfect system, we are trying to
get info in every and any way possible for people
n/a
Can we add something to expand geography per type of
project?
Could do it by permit type. Type 1, 2, 3 could all have different
mailing radius.
Perhaps there's a communication plan submitted with permit
application.
A simple website doesn't push out new material nor does it
capture iterations into the public record, which we may want.
We are thinking of project webpages using platforms like WIX
or square space to provide information and house things like
notices as one tool for noticing.
n/a
Have other Cities made the switch away from newspapers?
Have you talked to legal about this?
We would be eliminating the newspaper entirely for
development projects.
It depends on the purpose of the notice - notice of application
does not need to go into the paper. We are trying to
modernize. Maybe there's an interim step. Also, if we did all
type 1 permits, we'd have exponentially more notices.
n/a
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission Meeting
17
#17 (18) Design Criteria. Discussed options for stormwater
ponds (perimeter landscaping) adjacent to streets. Question
about maintenance costs. These costs will typically be passed
on the HOA and not the City. Question about requirement for
native plants in revised code. Concerned voiced about
requiring landscaping in general and native landscaping for
single family development and infringing on property owner
rights. What about the public benefit? How is this determined
for taking over landscaping? Discussion about costs for the City
to take over these landscaped areas in the right-of-way.
We as a City have not required landscaping in the past for
single family residential development. There is an opportunity
to start requiring it with this code update. Native plants are
easy to obtain and there are many resources for the plants.
Staff will look at some options for possibly allowing limited use
of non-native plants for meeting requirements. What are the
circumstances where the City may want to take over
maintenance of landscaping in the right-of-way of open space
tracts. Examples can be safety related (sight distance), utility
corridors, adjacent to riparian areas. Budget constraints for
the City to take over maintenance of all landscape areas in the
public right-of-way. City wants HOA's to be more proactive in
keeping landscape maintained and meeting code. City may
want to look at adding penalties for non-compliance or if the
City has to go in and do the work and bill back to HOA.
Added criteria for the preservation of open space in the
Neighborhood Design (21.30) and Planned Unit Development
(21.30.400) code.
28#28 Design Criteria. PC is generally ok with the changes as
proposed. No discussion.
Discussed current requirements for maintenance in Critical
Areas. n/a
32
#32 Design Criteria. Discussed adding "technically feasible"
definitions. Discussed lot sizes and the relationship to grading.
There is a relationship to open space tracts and such small lot
sizes and it makes it a challenge to preserve and save natural
features on the property. At the workshop in April Staff will be
presenting some techniques like floor area ratios. etc.
David provides background on clear and grade practices for
single family development. Much of the excavation criteria
was added during phase I of the development regulations
update. How do we fine tune or promote retaining the
existing landscape as much as possible and limit large scale
grading for development. Jeff discussed relationship between
open space tracts and lot sizes and challenges for retaining
Add technically feasible definitions with the Unified Development
Code
25
#25 (26) Design Criteria. Administrative changes proposed to
UZDP application process from Type II to Type III which requires
a recommendation from staff to the hearing examiner for
decisions.
Jeff explained changes from Type II to Type III. David mentions
that projects for UZDP approval are typically large, commercial
projects in the Town Center.
n/a
23
#23 (Design Criteria). Discussed maintaining a policy on permit
refunds and deposits. Administrative changes to code
proposed. PC asked if there is a process for charging more fees
for each subsequent round of review. Incentives for providing
good work and application materials. Discussed fairness for
small scale home owners wanting to do a project. Create a
sense of how to be fair about communication and refunds etc.
n/a
22
#22 (Design Criteria). Discussed parking for new development
both on and off street. PC askes how significant of a problem is
this for the City? Jeff mentions it is a significant issue that
Jeff explained requiring a parking analysis for new residential
development. Will be adding new parking design standards
for neighborhood and site development. Question for PC is
n/a
21#21 (Design Criteria). Asking PC if the City should require the
applicant address how the project furthers the comprehensive
Jeff explained that Staff is recommending code be amending
to include a narrative of how their project furthers the City's n/a
14#14 (Design Criteria/Addressed with 16). Proposed adding fines
for doing work in conflict with approved plans. Asking PC what
Jeff goes over that the code updates include licensing
requirements for professionals and why it is important to have n/a
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July 15, 2021 Exhibit 5 Question and Answer Matrix
No.
Page # (Doc Name)
Source*
Questions and Comments Staff Response to Questions and Comments Code Amendments
July 1, 2021 - Planning Commission Meeting
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PLANNING COMMISSION AGENDA CALENDAR
Date Time Type
Staff
Topics
August 5 6:30 PM Cancelled
August 19 6:30 PM Cancelled
September 2 6:30 PM Regular Meeting Lindsey Ozbolt Public Hearing: School Impact Fees
September 16 6:30 PM Regular Meeting Meeting Subject TBD. May consider cancelling.
Long Term Calendar #3.
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