A. 
Purpose. Deviation from the engineering standards is a mechanism to allow the City to grant an adjustment in the application of engineering standards where there are unique circumstances relating to the proposal.
B. 
Decision Criteria. The Director of Public Works may grant an engineering standards deviation only if the applicant demonstrates all of the following:
1. 
The granting of such deviation will not be materially detrimental to the public welfare or injurious or create adverse impacts to the property or other property(s) and improvements in the vicinity and in the zone in which the subject property is situated;
2. 
The authorization of such deviation will not adversely affect the implementation of the Comprehensive Plan adopted in accordance with State law;
3. 
The deviation is not in conflict with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, or Shoreline Master Program, SMC Title 20, Division II;
4. 
A deviation from engineering standards may only be granted if the proposal meets the following criteria:
a. 
Conform to the intent and purpose of the Code;
b. 
Produce a compensating or comparable result which is in the public interest; and
c. 
Meet the objectives of safety, function and maintainability based upon sound engineering judgment;
5. 
Deviations from road standards must meet the objectives for fire protection. Any deviation from road standards, which does not meet the International Fire Code, shall also require concurrence by the Fire Marshal;
6. 
Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must meet the objectives for appearance and environmental protection;
7. 
Deviations from drainage standards contained in the Stormwater Manual and Chapter 13.10 SMC must be shown to be justified and required for the use and situation intended;
8. 
Deviations from drainage standards for facilities that request use of emerging technologies, an experimental water quality facility or flow control facilities must meet these additional criteria:
a. 
The new design is likely to meet the identified target pollutant removal goal or flow control performance based on limited data and theoretical consideration;
b. 
Construction of the facility can, in practice, be successfully carried out; and
c. 
Maintenance considerations are included in the design, and costs are not excessive or are borne and reliably performed by the applicant or property owner;
9. 
Deviations from utility standards may only be granted if following facts and conditions exist:
a. 
The deviation shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and in the zone in which the property on behalf of which the application was filed is located;
b. 
The deviation is necessary because of special circumstances relating to the size, shape, topography, location or surrounding of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
c. 
The granting of such deviation is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by the owners of other properties in the same zone or vicinity.
(Ord. 238 Ch. III § 7(a), 2000; Ord. 406 § 1, 2006; Ord. 531 § 1 (Exh. 1), 2009; Ord. 724 § 1 (Exh. A), 2015; Ord. 767 § 1 (Exh. A), 2017; Ord. 907 § 1 (Exh. C), 2020)
A. 
A temporary use permit is a mechanism by which the City may permit a use to locate within the City (on private property or on the public rights-of-way) on an interim basis, without requiring full compliance with the Development Code standards or by which the City may permit seasonal or transient uses not otherwise permitted.
B. 
The following uses shall be exempt from requirements for a temporary use permit when located on private property in the NB, CB, MB or TC-1, 2 or 3 zone:
1. 
Retail sales not to exceed a total of 30 days each calendar year; and
2. 
Any use not exceeding a cumulative total of two days each calendar year.
C. 
The Director may approve or modify and approve an application for a temporary use permit if:
1. 
The temporary use will not be materially detrimental to public health, safety, or welfare, nor injurious to property and improvements in the immediate vicinity of the subject temporary use;
2. 
The temporary use is not incompatible in intensity and appearance with existing land uses in the immediate vicinity of the temporary use;
3. 
Hours of operation of the temporary use are specified;
4. 
The temporary use will not create noise, light, or glare which would adversely impact surrounding uses and properties; and
5. 
The temporary use is not in conflict with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and is located outside the shoreline jurisdiction regulated by the Shoreline Master Program, SMC Title 20, Division II.
D. 
Except for transitional encampments and emergency temporary shelters, a temporary use permit is valid for up to 60 calendar days; provided, that this requirement applies only to the days that the use is operating, except that the Director may establish a shorter time frame or extend a temporary use permit for up to one year.
E. 
Additional Criteria for Transitional Encampment and Emergency Temporary Shelters.
1. 
The site must be owned or leased by either a host or managing agency.
2. 
The application fee for a temporary use permit (TUP) for a transitional encampment or emergency temporary shelter is waived.
3. 
Prior to application submittal, the applicant is required to hold a neighborhood meeting and provide a written summary as set forth in SMC §§ 20.30.045 and 20.30.090.
4. 
For transitional encampments, the applicant shall utilize only government-issued identification such as a State or tribal issued identification card, driver’s license, military identification card, or passport from prospective encampment residents to develop a list for the purpose of obtaining sex offender and warrant checks. The applicant shall submit the identification list to the King County Sheriff’s Office Communications Center. No identification is required for people to utilize an emergency temporary shelter.
5. 
The applicant shall have a code of conduct that articulates the rules and regulations of the encampment or shelter. These rules shall include, at a minimum, prohibitions against alcohol and/or drug use and violence. Transitional encampments must also include provisions that, at minimum, prohibit sex offenders. For transitional encampments, the applicant shall keep a cumulative list of all residents who stay overnight in the encampment, including names and dates. The list shall be kept on site for the duration of the encampment. The applicant shall provide an affidavit of assurance with the permit submittal package that this procedure will be met and will continue to be updated during the duration of the encampment.
6. 
The maximum number of residents at a transitional encampment site shall be determined taking into consideration site conditions, but shall in no case be greater than 100 residents at any one time. Any proposed site shall meet the site requirements in subsection (E)(7) of this section and be of sufficient size to support the activities of the transitional encampment without overcrowding of residents.
7. 
Site Requirements for Transitional Encampments.
a. 
The minimum usable site area for a transitional encampment shall be: 7,500 square feet for the first 50 residents, plus 150 square feet for each additional resident, up to the maximum allowable of 100 residents. The usable site area may be a combination of contiguous parcels in the same ownership of the host or managing agency.
b. 
Tents and supporting facilities within an encampment must meet 10-foot setbacks from neighboring property lines, not including right-of-way lines or properties under the same ownership as the host agency. Setback from rights-of-way must be a minimum of five feet. Additional setback from rights-of-way may be imposed based on the City’s Traffic Engineer’s analysis of what is required for safety. Setbacks to neighboring property lines may be reduced by the Director to a minimum of five feet if it can be determined that the reduction will result in no adverse impact on the neighboring properties, taking into account site conditions that extend along the entire encampment area, including but not limited to:
i. 
Topography changes from adjoining property;
ii. 
Visually solid, minimum six-foot height, intervening structures;
iii. 
Distance from nearest structure on neighboring property;
iv. 
Vegetation that creates a visual screen.
c. 
The transitional encampment shall be screened. The screening shall meet setbacks except screening or structures that act as screening that are already in existence. The color of the screening shall not be black.
d. 
A fire permit is required for all tents over 400 square feet. Fire permit fees are waived.
e. 
All tents must be made of fire resistant materials and labeled as such.
f. 
Provide adequate number of 2A-10BC rated fire extinguishers so that they are not more than 75 feet travel distance from any portion of the complex. Recommend additional extinguishers in cooking area and approved smoking area.
g. 
Smoking in designated areas only; these areas must be a minimum of 25 feet from any neighboring residential property. Provide ashtrays in areas approved for smoking.
h. 
Emergency vehicle access to the site must be maintained at all times.
i. 
Members of the transitional encampment shall monitor entry points at all times. A working telephone shall be available to ensure the safety and security of the transitional encampment at all times.
j. 
Provide adequate sanitary facilities.
8. 
Emergency temporary shelters may be located within an existing building subject to applicable building and fire codes and must obtain a fire operational permit prior to occupancy.
9. 
For emergency temporary shelters, the applicant shall provide a list of conditions that warrant opening the shelter.
10. 
Transitional encampments and emergency temporary shelters shall permit inspections by City, King County Health Department, and Fire Department inspectors at reasonable times during the permit period without prior notice to ensure compliance with the conditions of the permit.
11. 
Transitional encampments and emergency temporary shelters shall allow for an inspection by the Shoreline Fire Department during the initial week of the encampment’s occupancy.
12. 
Transitional encampments and emergency temporary shelters may be allowed to stay under the temporary use permit for up to 90 days. A TUP extension may be granted for a total of 180 days on sites where hosts or agencies in good standing have shown to be compliant with all regulations and requirements of the TUP process, with no record of rules violations. The extension request must be made to the City but does not require an additional neighborhood meeting or additional application materials or fees.
13. 
Host or managing agencies may not host a transitional encampment or temporary emergency shelter on the same site within 180 days of the expiration date of the TUP for a transitional encampment or temporary emergency shelter.
14. 
At expiration of the permit, the host or managing agency shall restore the property to the same or similar condition as at permit issuance.
(Ord. 425 § 1, 2006; Ord. 724 § 1 (Exh. A), 2015; Ord. 762 § 1 (Exh. A), 2017; Ord. 907 § 1 (Exh. C), 2020; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
A. 
Administrative design review approval of departures from the design standards in SMC §§ 20.40.465(D), 20.50.080 through 20.50.090, 20.50.160 through 20.50.190, 20.50.220 through 20.50.250, Chapter 20.50 SMC, Subchapter 6, SMC §§ 20.50.450 through 20.50.510, and 20.50.530 through 20.50.620 shall be granted by the Director upon their finding that the departure is:
1. 
Consistent with the purposes or intent of the applicable subsections; or
2. 
Justified due to unusual site constraints so that meeting the design standards represents a hardship to achieving full development potential.
B. 
Projects applying for the Deep Green Incentive Program by certifying through the Living Building or Community Challenge, Petal Recognition, Emerald Star, LEED-Platinum, 5-Star, 4-Star, PHIUS+, PHIUS+ Source Zero/Salmon Safe, or Zero Energy/Salmon Safe programs may receive departures from development standards under Chapters 20.40, 20.50, 20.60, and/or 20.70 SMC upon the Director’s finding that the departures meet subsections (A)(1) and/or (A)(2) of this section, and as further described under SMC § 20.50.630. Submittal documents shall include proof of enrollment in the programs listed above.
C. 
Developments in the MUR-70' zone exceeding the base height and which are not utilizing the significant tree retention height incentive in Table 20.50.020(2), footnote 12, or the height incentive within the Deep Green Incentive Program in SMC § 20.50.630, shall be subject to administrative design review approval. The Director shall grant approval of developments up to 140 feet in height upon their finding that the development:
1. 
Is consistent with the goals and policies of the Comprehensive Plan; and
2. 
Will be supported by adequate infrastructure, facilities, and public services to serve the development; and
3. 
Conducts a neighborhood meeting, in accordance with SMC § 20.30.090, and the additional requirements below, prior to application.
a. 
Notice signs for the neighborhood meeting shall be designed and purchased by the developer and, at a minimum, be four feet by four feet in dimension. The signs shall be posted on all sides of the parcel(s) that front on a street. The signs must be posted at a minimum 14 days prior to the neighborhood meeting and remain on site a minimum of 14 days following the neighborhood meeting. The signs must include the date, time and location of the in-person neighborhood meeting and a description of the project, zoning of the property, a basic 8a-4 Page 5 site plan, and contact information for the developer for questions or more information.
b. 
The developer shall host an online open house/website in addition to the in-person neighborhood meeting where people can read a description of the project, see plans and elevations of the project, and submit comments. The online open house/website must be viewable to the public a minimum 14 days prior to the in-person neighborhood meeting and 14 days after the in-person neighborhood meeting.
c. 
The neighborhood meeting summary from the in-person neighborhood meeting and online open house/website shall be posted on the City’s website.
(Ord. 609 § 6, 2011; Ord. 654 § 1 (Exh. 1), 2013; Ord. 760 § 1 (Exh. A), 2017; Ord. 839 § 1 (Exh. A), 2019; Ord. 930 § 1 (Exh. A-1), 2021; Ord. 968 § 1 (Exh. A), 2022; Ord. 984 § 1 (Exh. A), 2023; Ord. 1000 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1047 § 1 (Exh. A), 2025)
A. 
Purpose. The purpose of a conditional use permit is to locate a permitted use on a particular property, subject to conditions placed on the permitted use to ensure compatibility with nearby land uses.
B. 
Threshold. The purpose of this section is to determine when a conditional use permit is required. A conditional use permit is required if either of the following occurs:
1. 
The use area is expanded by 20 percent or more of the current use area (measured in square feet). For example, the use area is currently 2,000 square feet and a 400-square-foot addition that expands the use area is proposed, so a conditional use permit is required.
2. 
Thresholds are cumulative for any given parcel. This shall include all structures on other parcels if the use area under permit review extends into other parcels.
C. 
Decision Criteria (Applies to All Conditional Uses). A conditional use permit may be granted by the City, only if the applicant demonstrates that:
1. 
The conditional use is compatible with the Comprehensive Plan and designed in a manner which is compatible with the character and appearance with the existing or proposed development in the vicinity of the subject property;
2. 
The location, size and height of buildings, structures, walls and fences, and screening vegetation for the conditional use shall not hinder neighborhood circulation or discourage the permitted development or use of neighboring properties;
3. 
The conditional use is designed in a manner that is compatible with the physical characteristics of the subject property;
4. 
Requested modifications to standards are limited to those which will mitigate impacts in a manner equal to or greater than the standards of this title;
5. 
The conditional use is not in conflict with the health and safety of the community;
6. 
The proposed location shall not result in either the detrimental over-concentration of a particular use within the City or within the immediate area of the proposed use, unless the proposed use is deemed a public necessity;
7. 
The conditional use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood; and
8. 
The conditional use will be supported by adequate public facilities or services and will not adversely affect public services to the surrounding area or conditions can be established to mitigate adverse impacts on such facilities.
D. 
Decision Criteria (Fleet Base, Minor). In addition to the criteria in subsection C of this section, a conditional use permit for a minor fleet base may be granted by the City only if the applicant demonstrates the following standards are met:
1. 
In the community business (CB) zone, the site has frontage on a State highway.
2. 
In the NR1, NR2, and NR3 zones, when the site is a minimum of 10 acres in size and abuts a limited access State highway from which the site has direct vehicular access.
3. 
Is consistent with adopted planning documents, which may include, but are not limited to, Community Renewal Area plans and zoning district overlays.
4. 
Measures needed to mitigate identified impacts on the built and natural environment, which may include, but are not limited to, those that mitigate impacts on safe walking routes to schools, intensity, hazardous or toxic chemicals or conditions, noise, odor, light glare, circulation, and/or visual impacts, including use of landscaping and other screening, or other measures to ensure the impact is eliminated or reduced on the surrounding area.
5. 
The site has sufficient vehicular access for fleet vehicles to and from a designated arterial improved to City standards.
E. 
Suspension or Revocation of Permit.
1. 
The Director may suspend or revoke any conditional use permit whenever:
a. 
The permit holder has failed to substantially comply with any terms or conditions of the permit’s approval;
b. 
The permit holder has committed a violation of any applicable state or local law in the course of performing activities subject to the permit;
c. 
The use for which the permit was granted is being exercised as to be detrimental to the public health, safety, or general welfare, or so as to constitute a public nuisance;
d. 
The permit was issued in error or on the basis of materially incorrect information supplied to the City; or
e. 
Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled.
2. 
The Director shall issue a notice and order in the same manner as provided in SMC § 20.30.760.
a. 
The notice and order shall clearly set forth the date that the conditional use permit shall be suspended or revoked.
b. 
The permit holder may appeal the notice and order to the Hearing Examiner as provided in SMC § 20.30.790. The filing of such appeal shall stay the suspension or revocation date during the pendency of the appeal.
c. 
The Hearing Examiner shall issue a written decision to affirm, modify, or overrule the suspension or revocation, with or without additional conditions, such as allowing the permit holder a reasonable period to cure the violation(s).
3. 
Notwithstanding any other provision of this subsection E, the Director may immediately suspend operations under any permit by issuing a stop work order.
4. 
If a conditional use permit has been suspended or revoked, continuation of the use shall be considered an illegal occupancy and subject to every legal remedy available to the City, including civil penalties as provided for in SMC § 20.30.770(D).
F. 
Transferability. Unless otherwise restricted by the terms and conditions at issuance of the conditional use permit, the conditional use permit shall be assigned to the applicant and to a specific parcel. A new CUP shall be required if a permit holder desires to relocate the use permitted under a CUP to a new parcel. If a CUP is determined to run with the land and the Director finds it in the public interest, the Director may require that it be recorded in the form of a covenant with the King County Recorder’s Office. Compliance with the terms and conditions of the conditional use permit is the responsibility of the current property owner, whether the applicant or a successor.
G. 
Expiration.
1. 
Any conditional use permit which is issued and not utilized within the time specified in the permit or, if no time is specified, within two years from the date of the City’s final decision shall expire and become null and void.
2. 
A conditional use permit shall be considered utilized for the purpose of this section upon submittal of:
a. 
A complete application for all building permits required in the case of a conditional use permit for a use which would require new construction;
b. 
An application for a certificate of occupancy and business license in the case of a conditional use permit which does not involve new construction; or
c. 
In the case of an outdoor use, evidence that the subject parcel has been and is being utilized in accordance with the terms and conditions of the conditional use permit.
3. 
If after a conditional use has been established and maintained in accordance with the terms of the conditional use permit, the conditional use is discontinued for a period of 12 consecutive months, the permit shall expire and become null and void.
H. 
Extension. Upon written request by a property owner or their authorized representative prior to the date of conditional use permit expiration, the Director may grant an extension of time up to but not exceeding 180 days. Such extension of time shall be based upon findings that the proposed project is in substantial conformance, as to use, size, and site layout, to the issued permit; and there has been no material change of circumstances applicable to the property since the granting of said permit which would be injurious to the neighborhood or otherwise detrimental to the public health, safety and general welfare.
(Ord. 238 Ch. III § 7(b), 2000; Ord. 896 § 1 (Exh. A), 2020; Ord. 959 § 1 (Exh. A), 2022; Ord. 999 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
A. 
Purpose. A zoning variance is a mechanism by which the City may grant relief from the zoning provisions and standards of the Code, where practical difficulty renders compliance with the Code an unnecessary hardship.
B. 
Decision Criteria. A variance may be granted by the City, only if the applicant demonstrates all of the following:
1. 
The variance is necessary because of the unique size, shape, topography, or location of the subject property;
2. 
The strict enforcement of the provisions of this title creates an unnecessary hardship to the property owner;
3. 
The subject property is deprived, by provisions of this title, of rights and privileges enjoyed by other properties in the vicinity and under an identical zone;
4. 
The need for the variance is not the result of deliberate actions of the applicant or property owner, including any past owner of the same property;
5. 
The variance is compatible with the Comprehensive Plan;
6. 
The variance does not create a health or safety hazard;
7. 
The granting of the variance will not be materially detrimental to the public welfare or injurious to:
a. 
The property or improvements in the vicinity; or
b. 
The zone in which the subject property is located;
8. 
The variance does not relieve an applicant from:
a. 
Any of the procedural or administrative provisions of this title; or
b. 
Any standard or provision that specifically states that no variance from such standard or provision is permitted; or
c. 
Use or building restrictions; or
d. 
Any provisions of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, and is located outside the shoreline jurisdiction regulated by the Shoreline Master Program, SMC Title 20, Division II;
9. 
The variance from setback or height requirements does not infringe upon or interfere with easement or covenant rights or responsibilities;
10. 
The variance does not allow the establishment of a use that is not otherwise permitted in the zone in which the proposal is located; or
11. 
The variance is the minimum necessary to grant relief to the applicant.
(Ord. 238 Ch. III § 7(c), 2000; Ord. 324 § 1, 2003; Ord. 724 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. C), 2020)
A. 
Purpose. The purpose of a site development permit is to provide a mechanism to review activities that propose to develop or redevelop a site, not including structures, to ensure conformance to applicable codes and standards.
B. 
General Requirements. A site development permit is required for the following activities or as determined by the Director of Planning and Community Development:
1. 
The construction of two or more detached single-family dwelling units on a single parcel;
2. 
Site improvements associated with short and formal subdivisions; or
3. 
The construction of two or more nonresidential or multifamily structures on a single parcel; or
4. 
Site improvements that require minimum requirement Nos. 1 to 5, as set forth in the Stormwater Manual, as modified by Division 3 of the Engineering Development Manual.
C. 
Review Criteria. A site development permit that complies with all applicable development regulations and requirements for construction shall be approved.
(Ord. 439 § 1, 2006; Ord. 695 § 1 (Exh. A), 2014; Ord. 907 § 1 (Exh. B), 2020)
A. 
Purpose. A rezone is a mechanism to make changes to a zoning classification, conditions or concomitant agreement applicable to property. Changes to the zoning classification that apply to a parcel of property are text changes and/or amendments to the official zoning map.
B. 
Decision Criteria. The City may approve or approve with modifications an application for a rezone of property if:
1. 
The rezone is consistent with the Comprehensive Plan; and
2. 
The rezone will not adversely affect the public health, safety or general welfare; and
3. 
The rezone is warranted in order to achieve consistency with the Comprehensive Plan; and
4. 
The rezone will not be materially detrimental to uses or property in the immediate vicinity of the subject rezone; and
5. 
The rezone has merit and value for the community.
(Ord. 238 Ch. III § 7(d), 2000)
A. 
Purpose. The purpose of a special use permit is to allow a permit granted by the City to locate a regional land use that provides a benefit to the community and is compatible with other uses in the zone in which it is proposed. This includes essential public facilities when not specifically allowed by the zoning of the location. The special use permit may be granted subject to conditions placed on the proposed use to ensure compatibility with the surrounding area.
B. 
Decision Criteria (Applies to All Special Uses). A special use permit may be granted by the City only if the applicant demonstrates that:
1. 
The special use will provide a public benefit or satisfy a public need of the neighborhood in which it is located, district, City or region;
2. 
The characteristics of the special use will be compatible with the types of uses permitted in surrounding areas;
3. 
The special use will not materially endanger the health, safety and welfare of the community;
4. 
The proposed location of the special use shall not result in either the detrimental over-concentration of particular uses within the City or within the immediate area of the proposed special use, unless the proposed special use is deemed a public necessity;
5. 
The special use is such that pedestrian and vehicular traffic associated with the use will not be hazardous or conflict with existing and anticipated traffic in the neighborhood;
6. 
The special use will be supported by adequate public facilities and services and will not adversely affect public facilities and services to the surrounding area or conditions can be established to mitigate adverse impacts;
7. 
The location, size and height of buildings, structures, walls and fences, and screening vegetation for the special use shall not hinder or discourage the development or use of neighboring properties; and
8. 
The special use is compatible with the Comprehensive Plan.
C. 
Decision Criteria (Light Rail Transit Facility/System Only). In addition to the criteria in subsection B of this section, a special use permit for a light rail transit system/facilities located anywhere in the City may be granted by the City only if the applicant demonstrates the following standards are met:
1. 
The proposed light rail transit system/facilities uses energy efficient and environmentally sustainable architecture and site design consistent with the City’s guiding principles for light rail system/facilities and Sound Transit’s design criteria manual used for all light rail transit facilities throughout the system and provides equitable features for all proposed light rail transit system/facilities;
2. 
The use will not result in, or will appropriately mitigate, adverse impacts on City infrastructure (e.g., roads, sidewalks, bike lanes) as confirmed by the performance of an access assessment report or similar assessment, to ensure that the City’s transportation system (motorized and nonmotorized) will be adequate to safely support the light rail transit system/facility development proposed. If capacity or infrastructure must be increased to meet the decision criteria set forth in this subsection C, then the applicant must identify a mitigation plan for funding or constructing its proportionate share of the improvements; and
3. 
The applicant demonstrates that the design of the proposed light rail transit system/facility is generally consistent with the City’s guiding principles for light rail system/facilities.
D. 
Decision Criteria (Essential Public Facilities Only). In addition to the criteria in subsection B of this section, a special use permit for an essential public facility (EPF) may be granted by the City only if the applicant demonstrates the following standards are met:
1. 
The facility meets one of the following:
a. 
The Growth Management Act definition of an essential public facility pursuant to RCW 36.70A.200(1), as amended; or
b. 
Is on the statewide list of essential public facilities maintained by the Office of Financial Management pursuant to RCW 36.70A.200(4), as amended.
2. 
The applicant has investigated and considered alternative sites and provided documentation of the site selection methodology. That methodology, which shall include public outreach, shall include an analysis of whether siting of the proposed EPF would have a disproportionate impact on any one racial, cultural, or socioeconomic group within the City.
3. 
The proposed EPF is consistent with the plan under which the applicant operates, if any such plan exists.
4. 
The proposed EPF, if to be sited on a property subject to a master development plan, is consistent with the master development plan.
5. 
Local police, fire and emergency responders have reviewed the EPF and have determined it can be adequately served by local emergency services.
6. 
The proposed EPF and its location, design, use, and operation must be in compliance with any state, county, or local guidelines, regulations, rules, or statutes governing the proposed EPF for the life of the proposed EPF.
7. 
To the greatest extent reasonably feasible, the proposed EPF has incorporated mitigation measures developed during a public outreach effort.
E. 
Decision Criteria (Fleet Base, Major; Fleet Base, Minor). In addition to the criteria in subsection B of this section, a special use permit for a major fleet base or minor fleet base may be granted by the City only if the applicant demonstrates the following standards are met:
1. 
In the community business (CB) zone, the site has frontage on a State highway.
2. 
In the NR1, NR2, and NR3 zones, when the site is a minimum of 10 acres in size and abuts a limited access State highway from which the site has direct vehicular access.
3. 
Is consistent with adopted planning documents, which may include, but are not limited to, Community Renewal Area plans and zoning district overlays.
4. 
Measures needed to mitigate identified impacts on the built and natural environment, which may include, but are not limited to, those that mitigate impacts on safe walking routes to schools, intensity, hazardous or toxic chemicals or conditions, noise, odor, light glare, circulation, and/or visual impacts, including use of landscaping and other screening, or other measures to ensure the impact is eliminated or reduced on the surrounding area.
5. 
The site has sufficient vehicular access for fleet vehicles to and from a designated arterial improved to City standards.
F. 
The City may impose conditions on the location, design, or operation of a special use in order to mitigate identified environmental, public safety or other impacts.
G. 
Vesting of Special Use Permits Requested by Public Agencies. A public agency may, at the time of application or at any time prior to submittal of the SUP application to the City Hearing Examiner, request in writing a modification in the vesting expiration provisions of SMC § 20.30.160, allowing for vesting of the SUP for a period of up to five years from the date of Hearing Examiner approval or, if the SUP provides for phased development, for a period of up to 10 years from date of Hearing Examiner approval. If permitted, the expiration date for vesting shall be set forth as a condition in the SUP.
(Ord. 238 Ch. III § 7(e), 2000; Ord. 724 § 1 (Exh. A), 2015; Ord. 739 § 1 (Exh. A), 2016; Ord. 741 § 1 (Exh. A), 2016; Ord. 767 § 1 (Exh. A), 2017; Ord. 882 § 1 (Exh. A), 2020; Ord. 999 § 1 (Exh. A), 2024; Ord. 1027 § 1 (Exh. A), 2025)
A. 
Purpose. The purpose of the critical areas special use permit is to allow development by a public agency or public utility when the strict application of the critical areas standards would otherwise unreasonably prohibit the provision of public services. This type of permit does not apply to flood hazard areas or within the shoreline jurisdiction.
B. 
Decision Criteria. A critical areas special use permit may be granted by the City only if the utility or public agency applicant demonstrates that:
1. 
The application of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, would unreasonably restrict the ability of the public agency or utility to provide services to the public;
2. 
There is no other practical alternative to the proposal by the public agency or utility which would cause less impact on the critical area;
3. 
The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity;
4. 
This special use permit process shall not allow the use of the following critical areas for regional retention/detention facilities except where the Hearing Examiner makes a finding that the facility is necessary to protect public health and safety or repair damaged natural resources:
a. 
Type S or Type F anadromous streams or buffers;
b. 
Category I wetlands or buffers with plant associations of infrequent occurrence; or
c. 
Category I or II wetlands or buffers which provide critical or outstanding habitat for herons, raptors or State or Federal designated endangered or threatened species unless clearly demonstrated by the applicant, using best available science, that there will be no impact on such habitat;
5. 
Any alterations permitted to the critical area are mitigated in accordance with SMC § 20.80.100 and relevant mitigation standards for the impacted critical area(s);
6. 
Consistent with SMC § 20.80.070, Alteration of critical areas, the proposal attempts to protect the existing critical area functions and values consistent with the best available science and attempts to mitigate adversely impacted critical area functions and values to the fullest extent possible; and
7. 
The proposal is consistent with other applicable regulations and standards.
C. 
Permit Conditions. The Director may condition the proposed activity as necessary to mitigate the impacts to critical areas and to conform to the standards required by Chapter 20.80 SMC, Critical Areas.
(Formerly 20.80.090. Ord. 238 Ch. VIII § 1(I), 2000; Ord. 324 § 1, 2003; Ord. 641 § 4 (Exh. A), 2012; Ord. 724 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. C), 2020; Ord. 1045 § 1 (Exh. A), 2025)
A. 
Purpose. The purpose of the critical areas reasonable use permit is to allow development and use of private property when the strict application of the critical area regulations would otherwise deny all reasonable use of a property. This type of permit does not apply to flood hazard areas or within the shoreline jurisdiction.
B. 
Decision Criteria. A reasonable use permit may be granted by the City only if the applicant demonstrates that:
1. 
The application of the critical area regulations, Chapter 20.80 SMC, Critical Areas, would deny all reasonable use of the property; and
2. 
There is no other reasonable use of the property with less impact on the critical area; and
3. 
Any alterations to the critical area would be the minimum necessary to allow for reasonable use of the property; and
4. 
The proposed development does not create a health or safety hazard on or off the development site, will not be materially detrimental to the property or improvements in the vicinity, is consistent with the general purposes of this title and the public interest, and all reasonable mitigation measures have been implemented or assured; and
5. 
The inability to derive reasonable economic use is not the result of the applicant’s action unless the action (a) was approved as part of a final land use decision by the City or other agency with jurisdiction; or (b) otherwise resulted in a nonconforming use, lot or structure as defined in this title; and
6. 
Any alterations permitted to the critical area are mitigated in accordance with SMC § 20.80.100 and relevant mitigation standards for the impacted critical area(s); and
7. 
Consistent with SMC § 20.80.070, Alteration of critical areas, the proposal attempts to protect the existing critical area functions and values consistent with the best available science and attempts to mitigate adversely impacted critical area functions and values to the fullest extent possible; and
8. 
The proposal is consistent with other applicable regulations and standards; and
9. 
If the proposal is located in the MUR-35’ zone, then reasonable use shall be based on the allowable uses and standards for the NR3 zone.
C. 
Development Standards. To allow for reasonable use of property and to minimize impacts on critical areas, the decision making authority may reduce setbacks by up to 50 percent, and may eliminate landscaping requirements. Such reductions shall be the minimum amount necessary to allow for reasonable use of the property, considering the character and scale of neighboring development.
D. 
Priority. When multiple critical areas and critical area buffers may be affected by the application, the decision-making authority should consider exceptions to critical areas regulations that occur in the following order of priority with subsection (D)(4) of this section having the highest protection:
1. 
Geologic hazard area buffers;
2. 
Wetland buffers;
3. 
Fish and wildlife habitat conservation area buffers (excluding wetlands); and
4. 
Geological hazard areas, wetlands, and fish and wildlife habitat conservation critical areas protection standards in the order listed in subsections (D)(1) through (D)(3) of this section.
(Formerly 20.80.120. Ord. 238 Ch. VIII § 1(L), 2000; Ord. 324 § 1, 2003; Ord. 352 § 1, 2004; Ord. 641 § 4 (Exh. A), 2012; Ord. 724 § 1 (Exh. A), 2015; Ord. 756 § 1 (Exh. A), 2016; Ord. 907 § 1 (Exh. C), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025; Ord. 1045 1 (Exh. A), 2025)
A. 
Purpose. Comprehensive Plan amendments is a mechanism by which the City Council may modify the text or map of the Comprehensive Plan in accordance with the provisions of the Growth Management Act, in order to respond to changing circumstances or needs of the City. The Growth Management Act (GMA), Chapter 36.70A RCW, requires that the City of Shoreline include within its development regulations a procedure for any interested person to suggest plan amendments. The suggested amendments are to be docketed for consideration. The purpose of this section is to establish such a procedure for amending the City’s Comprehensive Plan text and/or land use map.
For purpose of this section, docketing refers to compiling and maintaining a list of suggested changes to the Comprehensive Plan in a manner that will ensure such suggested changes will be considered by the City and will be available for review by the public.
B. 
Decision Criteria. The Planning Commission may recommend and the City Council may approve, or approve with modifications, an amendment to the Comprehensive Plan if:
1. 
The amendment is consistent with the Growth Management Act and not inconsistent with the Countywide Planning Policies, and the other provisions of the Comprehensive Plan and City policies; or
2. 
The amendment addresses changing circumstances, changing community values, incorporates a subarea plan consistent with the Comprehensive Plan vision or corrects information contained in the Comprehensive Plan; or
3. 
The amendment will benefit the community as a whole, will not adversely affect community facilities, the public health, safety or general welfare.
C. 
Amendment Procedures.
1. 
Concurrent Review of Annual Amendments. Except in certain, limited situations, the Growth Management Act (GMA) permits amendments to the Comprehensive Plan no more frequently than once every year. All proposed amendments shall be considered concurrently so that the cumulative effect of the various proposals can be ascertained. Proposed amendments may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all proposed amendments to the Comprehensive Plan.
2. 
Deadline for Submittal.
a. 
Citizens. Applications requesting a text or map amendment to the Comprehensive Plan from any interested person will be accepted throughout the year. The deadline for submitting such an application is 5:00 p.m. on December 1st of each year, or the next business day if December 1st falls on a Saturday or Sunday.
b. 
Council. The Council may submit an amendment for the docket at any time before the final docket is set.
c. 
At least three weeks prior to the deadline, the City will publish on its website and through a press release a call for docket applications for the current year’s docket.
d. 
Any citizen initiated amendment application received after the submittal deadline shall be docketed for the following year.
3. 
Application Requirements.
a. 
Proposals to amend the Comprehensive Plan shall be submitted on the form prescribed and provided by the Department. To be considered complete, an application must contain all of the required information, including supporting documentation and applicable fees.
b. 
If during the course of the year the Department identifies any deficiencies in the Comprehensive Plan, the “identified deficiencies” shall be docketed on the form provided for in subsection (C)(3)(a) of this section for possible future amendment. For the purposes of this section, a deficiency in the Comprehensive Plan refers to the absence of required or potentially desirable contents of the Comprehensive Plan.
4. 
Preliminary Docket Review.
a. 
The Department shall compile and maintain for public review a list of suggested amendments and identified deficiencies as received throughout the year.
b. 
The Director shall review all complete and timely filed applications proposing amendments to the Comprehensive Plan and place these applications on the preliminary docket along with other City-initiated amendments to the Comprehensive Plan.
c. 
The Planning Commission shall review the preliminary docket at a publicly noticed meeting and make a recommendation on the preliminary docket to the City Council each year.
d. 
The City Council shall review the preliminary docket at a public meeting and, after such a review, shall establish the final docket. The final docket shall be publicly available by posting on the City’s website and a press release.
e. 
Placement of an item on the final docket does not mean a proposed amendment will be approved. The purpose of the final docket is to allow for further analysis and consideration by the City.
f. 
Any interested person may resubmit a proposed amendment not placed on the final docket subject to the application and deadline procedures set forth in this chapter for the following year.
5. 
Final Docket Review.
a. 
The Department shall review and assess the items placed on the final docket and prepare a staff report(s) including recommendations for each proposed amendment. The Department shall be responsible for developing an environmental review of the combined impacts of all proposed amendments on the final docket, except the environmental review of amendments seeking a site-specific amendment shall be the responsibility of the applicant. The Department shall set a date for consideration of the final docket by the Planning Commission and timely transmit the staff report(s) and the Department’s recommendation prior to the scheduled date.
b. 
As provided in SMC §§ 2.20.060 and 20.30.070, the Planning Commission shall review the proposed amendments contained in the final docket based on the criteria set forth in subsection B of this section and the Department’s analysis and recommendation. The Planning Commission shall hold at least one public hearing on the proposed amendments. The Planning Commission shall make a recommendation on those amendments and transmit that recommendation to the City Council.
c. 
Promptly after issuance of the Planning Commission’s recommendation, the Department shall set a date for consideration of the final docket by the City Council. The City Council shall concurrently review the proposed amendments consistent with the criteria set forth in subsection B of this section and taking into consideration the recommendations of the Planning Commission and the Department. The City Council may deny, approve, or modify the Planning Commission’s recommendations.
d. 
The Planning Commission and the City Council may hold additional public hearings, meetings, or workshops as warranted by the proposed amendments.
e. 
Pursuant to RCW 36.70A.106, the Department shall notify the State of the City’s intent to adopt amendments to the Comprehensive Plan at least 60 days prior to the City Council’s final adoption of the proposed amendments. Within 10 days of final adoption, the City shall transmit to the State any adopted amendment to the Comprehensive Plan.
(Ord. 238 Ch. III § 7(f), 2000; Ord. 591 § 1 (Exh. A), 2010; Ord. 695 § 1 (Exh. A), 2014; Ord. 731 § 1 (Exh. A), 2015)
A. 
Purpose. Site-specific Comprehensive Plan map amendments are a mechanism by which the City Council may modify the land use map of the Comprehensive Plan, in accordance with the provisions of the Growth Management Act, in order to implement a concurrent site-specific rezone in response to changing circumstances of needs of the City. The purpose of this section is to establish such a procedure for amending the City’s Comprehensive Plan land use map in conjunction with a rezone.
B. 
Decision Criteria. The Hearing Examiner may recommend, and the City Council may approve, or approve with modifications, an amendment to the Comprehensive Plan land use map if:
1. 
The amendment is consistent with the Growth Management Act and not inconsistent with the Countywide Planning Policies and the other provisions of the Comprehensive Plan and City policies; and
2. 
The amendment addresses changing circumstances and changing community values, incorporates a subarea plan consistent with the Comprehensive Plan vision or corrects information contained in the Comprehensive Plan; and
3. 
The amendment will benefit the community as a whole, and will not adversely affect community facilities, the public health, safety or general welfare; and
4. 
The amendment is warranted in order to achieve consistency with the Comprehensive Plan goals and policies; and
5. 
The amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property; and
6. 
The amendment has merit and value for the community.
C. 
Amendment Procedures.
1. 
A proposed site-specific Comprehensive Plan land use map amendment shall be incorporated in the City’s annual docket established and processed pursuant to SMC § 20.30.340(C), including deadline for submittal, application requirements, and docket review process, except as modified in this subsection.
2. 
Site-Specific Land Use Map Amendment Review.
a. 
The Department shall provide notice of the application and docketing decision for a proposed land use map amendment as provided in SMC § 20.30.060. The environmental review of an amendment seeking a site-specific land use map amendment shall be the responsibility of the applicant.
b. 
Once the final annual docket has been established by the City Council, an open record public hearing before the Hearing Examiner shall be held on the proposed map amendment. Notice of this hearing shall be as provided in SMC § 20.30.180 and clearly state that this proposed amendment is related to a concurrent site-specific rezone. The Hearing Examiner shall make a recommendation on the amendment and transmit that recommendation to the City Council.
c. 
The Hearing Examiner’s recommendation shall be consolidated with the Planning Commission’s recommendations on other docketed amendments and transmitted to the City Council for concurrent review of the proposed amendment consistent with the criteria set forth in subsection B of this section and taking into consideration the recommendations of the Hearing Examiner and the Department. The City Council may deny, approve, or modify the Hearing Examiner’s recommendation.
d. 
The City Council may hold additional public hearings, meetings, or workshops as warranted by the proposed amendments.
(Ord. 907 § 1 (Exh. C), 2020)
A. 
Purpose. An amendment to the Development Code (and where applicable amendment of the zoning map) is a mechanism by which the City may bring its land use and development regulations into conformity with the Comprehensive Plan or respond to changing conditions or needs of the City.
B. 
Decision Criteria. The City Council may approve or approve with modifications a proposal for the text of the Land Use Code if:
1. 
The amendment is in accordance with the Comprehensive Plan; and
2. 
The amendment will not adversely affect the public health, safety or general welfare; and
3. 
The amendment is not contrary to the best interest of the citizens and property owners of the City of Shoreline.
(Ord. 238 Ch. III § 7(g), 2000)
A. 
Purpose. The purpose of the master development plan is to define the development of property zoned campus in order to serve its users, promote compatibility with neighboring areas and benefit the community. With the exception of those uses and standards contained in this section, all other aspects of development, redevelopment or expansion will be regulated as prescribed in this title and other applicable codes for all uses that are permitted outright or through conditional or special use processes.
B. 
Applicant. All property owners within the area subject to the proposed master development plan must sign the application. If a property owner has delegated signing authority to another property owner or to a representative, then written proof of this delegation must be included in the application submittal.
C. 
Decision Criteria. A master development plan may be granted by the City only if the applicant demonstrates that:
1. 
The site is zoned as campus and the uses proposed by the master development plan are consistent with the goals and policies of the Comprehensive Plan.
2. 
The master development plan proposal includes a general phasing timeline covering up to 20 years of development and includes associated mitigation for all phases of the plan.
3. 
The master development plan proposal incorporates a direct community benefit to the adjacent neighborhood which advances the vision articulated in the Comprehensive Plan. Community benefit may include active or passive open space, indoor or outdoor meeting space, neighborhood commercial uses, or employment opportunities.
4. 
The master development plan proposal uses environmentally sustainable site design (including low impact development stormwater systems and substantial tree retention) and demonstrates a commitment to meeting the Deep Green Tier 4 as defined in Chapter 20.20 SMC, or an equivalent green development certification to mitigate its impacts to the environment and surrounding neighborhoods. The master development plan shall consolidate development in a compact layout to make efficient use of the finite resource of undeveloped and underdeveloped land within the City.
5. 
The master development plan proposal demonstrates that there is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes, public transit facilities) in the transportation system (motorized and nonmotorized) to safely support the development proposed in all future phases or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed master development plan, then the master development plan identifies a plan for funding the applicant’s proportionate share of the improvements.
6. 
The master development plan proposal demonstrates that there is either sufficient capacity within public utility services such as water, sewer and stormwater to adequately serve the development proposed in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed master development plan, then the master development plan identifies a plan for funding the applicant’s proportionate share of the improvements.
7. 
The master development plan proposal contains campus-specific design concepts related to architectural features (including but not limited to building setbacks, insets, facade breaks, and roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, traffic management and multimodal transportation standards that minimize conflicts and create transitions between the proposal site and adjacent neighborhoods and between institutional uses and residential uses.
8. 
The master development plan proposal shall demonstrate that any proposed uses will be operated in a manner that does not create a public nuisance, as defined in SMC § 20.30.740, for the surrounding neighborhood or other uses on the campus. Nuisances may include odors, noise, release of hazardous chemicals, or disproportionate calls for fire or police service.
D. 
Amendments. Minor amendments to an approved master development plan may be approved by the Director if the amendment meets the applicable development standards and criteria set forth in this section. Minor amendments include any revision or modification of the previously approved master development plan that would result in any one or more of the following:
1. 
An increase in the square footage of any proposed building or structure of up to 10 percent; or
2. 
A deviation in the approved master development plan phasing timeline which does not result in increased impacts or the need for additional mitigation; or
3. 
Changes to building placement when located outside of the required setbacks and any required buffers for critical areas; or
4. 
A cumulative increase in impervious surface of up to 10 percent or a cumulative decrease in tree cover of up to 10 percent; or
5. 
Changes identified as minor amendments in the approved master development plan.
Major amendments are changes that exceed the thresholds for a minor amendment or were not analyzed as part of an approved master development plan. Major amendments to an approved master development plan shall be processed as a new master development plan.
E. 
Development Standards.
1. 
Density is limited to a maximum of 48 units per gross acre;
2. 
Height is limited to a maximum of 65 feet;
3. 
Buildings abutting all NR3 zones must be set back at least 20 feet from property lines with portions of buildings above 35 feet set back at a ratio of two feet of additional setback to every one foot of additional building height;
4. 
New building bulk shall be massed to minimize impact on neighboring single-family neighborhood(s) and development on campus;
5. 
At a minimum, landscaping in newly developed or redeveloped areas shall conform with the standards set forth in SMC §§ 20.50.470, 20.50.490, and 20.50.500;
6. 
Development shall preserve existing nonhazardous significant trees to the maximum extent possible;
7. 
Site design shall meet the standards at SMC § 20.50.240(E), (H), (I) and (J) for areas of new construction.
These standards may be modified to mitigate significant off-site impacts of implementing the master development plan in a manner equal to or greater than the code standards. The Director may recommend modifications to the above standards to address site specific conditions as part of the MDP approval.
F. 
New Uses. Any new use or new uses on a campus zoned site must be processed as part of a master development plan permit. New uses requested through a master development plan permit shall be considered concurrently with an amendment to SMC § 20.40.150, Campus uses, and, where applicable, a special use permit.
G. 
Early Community Input. Applicants are encouraged to develop a consensus-based master development plan through outreach to the community and stakeholders as set forth in SMC § 20.30.085.
H. 
Master Plan Expiration. A master development plan shall expire 20 years after the date of the Hearing Examiner’s approval. A minor amendment to an existing master development plan does not extend the plan expiration.
(Ord. 507 § 4, 2008; Ord. 581 § 1 (Exh. 1), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 882 § 1 (Exh. B), 2020; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
A. 
Purpose. To define the development of property in order to implement framework goals to achieve the City’s adopted vision as stated in the Comprehensive Plan. A development agreement is permitted in all zones and may modify development standards contained in Chapter 20.50 SMC.
B. 
Development Agreement Contents. A development agreement shall set forth the development standards and other provisions that shall apply to govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170). Each development agreement approved by the City Council shall contain the development standards applicable to the subject real property. For the purposes of this section, “development standards” includes, but is not limited to:
1. 
Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
2. 
The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of State law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
3. 
Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;
4. 
Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
5. 
Affordable housing units;
6. 
Parks and open space preservation;
7. 
Phasing of development;
8. 
Review procedures and standards for implementing decisions;
9. 
A build-out or vesting period for applicable standards;
10. 
Any other appropriate development requirement or procedure;
11. 
Preservation of significant trees; and
12. 
Connecting, establishing, and improving nonmotorized access.
C. 
Decision Criteria. A development agreement may be granted by the City only if the applicant demonstrates that:
1. 
The project is consistent with goals and policies of the Comprehensive Plan. If the project is located within a subarea plan, then the project shall be consistent with the goals and policies of the subarea plan.
2. 
The proposed development uses innovative, aesthetic, energy-efficient and environmentally sustainable architecture and site design.
3. 
There is either sufficient capacity and infrastructure (e.g., roads, sidewalks, bike lanes) to pass a concurrency test consistent with the City’s concurrency tool or there will be adequate capacity and infrastructure by the time each phase of development is completed. If capacity or infrastructure must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.
4. 
There is either sufficient capacity within public services such as water, sewer and stormwater to adequately serve the development proposal in all future phases, or there will be adequate capacity available by the time each phase of development is completed. If capacity must be increased to support the proposed development agreement, then the applicant must identify a plan for funding their proportionate share of the improvements.
5. 
The development agreement proposal contains architectural design (including but not limited to building setbacks, insets, facade breaks, roofline variations) and site design standards, landscaping, provisions for open space and/or recreation areas, retention of significant trees, traffic management and multimodal transportation improvements and other features that minimize conflicts and create transitions between the proposal site and property zoned NR2 and NR3 or MUR-35'.
6. 
The project is consistent with the standards of the critical areas regulations, Chapter 20.80 SMC, Critical Areas, or the Shoreline Master Program, SMC Title 20, Division II, and applicable permits/approvals are obtained.
D. 
Development Agreement Approval Procedures. The City Council may approve development agreements through the following procedure:
1. 
A development agreement application incorporating the elements stated in subsection B of this section may be submitted by a property owner with any additional related information as determined by the Director. After staff review and SEPA compliance, the Planning Commission shall conduct a public hearing on the application. The Planning Commission shall then make a recommendation to the City Council pursuant to the criteria set forth in subsection C of this section and the applicable goals and policies of the Comprehensive Plan. The City Council shall approve, approve with additional conditions, or deny the development agreement. The City Council shall approve the development agreement by ordinance or resolution;
2. 
Recorded Development Agreement. Upon City Council approval of a development agreement under the procedure set forth in this subsection D, the property owner shall execute and record the development agreement with the King County Recorder’s Office to run with the land and bind and govern development of the property.
(Ord. 706 § 1 (Exh. A), 2015; Ord. 724 § 1 (Exh. A), 2015; Ord. 731 § 1 (Exh. A), 2015; Ord. 907 § 1 (Exh. B), 2020; Ord. 968 § 1 (Exh. A) , 2022; Ord. 997 § 1 (Exh. A), 2023; Ord. 1027 § 1 (Exh. A), 2025; Ord. 1043 § 1 (Exh. A), 2025)
A. 
Purpose. The purpose of a planned action determination is to decide if a project qualifies as a planned action project thereby not requiring additional substantive and procedural review under SEPA.
B. 
Decision Criteria. For a site-specific project to qualify as a planned action, the applicant shall submit a planned action determination checklist on a form prescribed and provided by the Department and demonstrate that:
1. 
The project is located within one of the City’s designated planned action areas;
2. 
The uses and activities of the project are consistent with qualifying land use categories described in the relevant planned action EIS;
3. 
The project is within and does not exceed the planned action thresholds established for the relevant planned action area;
4. 
The project is consistent with the Shoreline Municipal Code and the Shoreline Comprehensive Plan, including any goals and policies applicable to the planned action area;
5. 
If applicable, the project’s significant adverse environmental impacts have been identified in the relevant planned action EIS;
6. 
If applicable, the project’s significant adverse environmental impacts have been mitigated by application of mitigation measures identified for the planned action area and other applicable City regulations, together with any conditions, modifications, variances, or special permits that may be required;
7. 
The project complies with all applicable local, State, and/or Federal laws and regulations and the SEPA responsible official determines that these constitute adequate mitigation; and
8. 
The project is not an essential public facility as defined by RCW 36.70A.200, unless the essential public facility is accessory to or part of a development that is designated as a planned action project.
(Ord. 767 § 1 (Exh. A), 2017)