20F.10.60 Vesting.

20F.10.60-010 Purpose.

The purpose of this section is to identify certain points in the land use approval process at which an applicant’s rights become “vested.” Vested rights is defined as the guarantee that an application will be reviewed and a project can be developed (if a permit is issued) under regulations and procedures existing at one moment in time and regardless of changes that may have been made later and prior to final completion of a project or use. (Ord. 2118)

20F.10.60-020 Scope.

This subsection governs the effect of any amendment to the Redmond Community Development Guide which affects land development, land use or the land development approval process. (Ord. 2118)

20F.10.60-030 Decision Criteria.

(1)    Land Use Actions Requiring a Building Permit.

(a)    Unless otherwise specified in this section, the proponent of a land use action requiring a building permit shall be vested against enforcement of an ordinance implementing a change in the Redmond Community Development Guide if a complete building permit application is submitted to the City prior to the effective date of the ordinance. A vested right shall not arise by virtue of an application for a conditional use permit, site plan entitlement, special use permit, variance, Development Guide amendment, right-of-way vacation, annexation, temporary use permit, Zoning Map amendment or any other application submitted prior to application for a building permit. Site plan review and approval is encouraged but not required prior to submission of a building permit application; however, it must be completed prior to review and issuance of the building permit.

(b)    An applicant must specifically identify a proposed land use or uses in the building permit application as the intended use of the proposed structure in order to vest the right to engage in a specific land use against an ordinance implementing a change in permitted land uses. Building permit applications which do not specifically identify the proposed use of the proposed structure shall not vest a right to engage in a specific land use against an ordinance prohibiting the use. Applications which depict a structure clearly appropriate for only a single land use shall be deemed to satisfy the requirement of identifying the proposed use.

(2)    Land Use Actions Requiring a Subdivision. An applicant for approval of a subdivision shall be vested against enforcement of an ordinance implementing a change in the Community Development Guide and other regulations affecting land development, at the time of filing a complete application. [RCW 58.17.033]

(3)    Land Use Actions Requiring a Shoreline Permit. An application for approval of a land use action requiring a shoreline permit, but not a building permit, shall be vested against enforcement of an ordinance implementing a change in shoreline regulations set forth in the Redmond Shoreline Master Program if a complete substantial development permit application is submitted prior to the effective date of the ordinance. Land use actions requiring a building permit and a shoreline permit are governed by subsection (1) of this section.

(4)    Land Use Actions Not Requiring a Building Permit. The application of changes in land use regulations to land uses not requiring a building permit shall be governed by RCDG 20F.10.50, Nonconformances. Proposed land uses requiring a shoreline permit are governed by subsection (3) of this section.

(5)    Certain Regulatory Authority Not Affected. An application for a land use approval may be denied or approved with conditions under the authority of the City to protect and enhance the public safety, health and welfare, and under the State Environmental Policy Act (SEPA) and the City of Redmond’s SEPA regulations and policies as of the date of vesting, notwithstanding the fact that the applicant has attained a vested right against enforcement of an ordinance implementing changes in regulations, codes or procedures affecting that land use action.

(6)    Complete Application. “Complete application” means an application which contains all required information and signatures, and which is accompanied by payment of all fees required to be submitted by the Community Development Guide, or any formal written rule or procedure adopted by and in force in the City.

(7)    Termination of Vested Rights.

(a)    The vesting of rights with respect to a land use action requires a building permit against the enforcement of a change in regulations and codes of the Community Development Guide shall terminate upon the expiration of 180 days following the date of application for a building permit, provided that the applicant has been presented with written notification which includes information on the appeal process. The application may also be extended in writing by the Building Official pursuant to authority granted by the International Building Code. The duration of vested rights acquired after issuance of a building permit shall be governed by the International Building Code provision regulating validity of an issued building permit. An extension of a permit or expiration of the permit shall have like effect upon vested rights.

(b)    The applicant may request the Building Official to extend the time for action by the applicant for a period not exceeding 180 days upon a showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. Preparation of environmental document required by the City under the authority of the State Environmental Policy Act (SEPA) and the processing of related applications required by RCDG Title 20F, Administration and Procedures, may constitute circumstances warranting extension of a building permit application if the applicant is found to be acting in a timely manner to achieve approval of a proposed land use action.

(c)    The vesting of rights with respect to a land use action requiring a shoreline permit, but not a building permit, shall terminate 90 days following application for a shoreline permit, unless the shoreline permit is issued, provided that the Code Administrator may, upon receipt of an application for extension, extend time for expiration of vesting due to circumstances beyond the control of the applicant as set forth in the preceding subsection for a period not to exceed an additional 180 days. (Ord. 2118)

20F.10.60-040 Fees.

(1)    Impact Fees. Notwithstanding any other provisions of this section, the filing of a permit application shall not vest the applicant as to the impact fee in effect at the time of filing.

(2)    Permit and Plan Review Fees. Notwithstanding any other provisions of this section, fees paid for any permit or plan review shall be those in effect at the time the permit or plan review is applied for. (Ord. 2118)