Chapter 29.20
PERMIT APPROVAL CRITERIA

Sections:

29.20.010    For projects with a valid development permit, subdivision or substantial development permit.

29.20.020    For projects without a valid development permit, subdivision or substantial development permit, but with a submitted building permit application.

29.20.030    For projects without a valid development permit, subdivision or substantial development permit, on a site with an existing building or an active use and involving up to five hundred cubic yards of material.

29.20.040    For projects without a valid development permit, subdivision or substantial development permit, on a vacant site or involving more than five hundred cubic yards of material.

29.20.050    General criteria.

29.20.010 For projects with a valid development permit, subdivision or substantial development permit.

A land surface modification permit may be approved as part of a valid development permit, substantial development permit or subdivision.

After approval of a zoning or substantial development permit, a land surface modification permit may be issued for land surface modification to be done within rights-of-way, utility easements, access easements, the internal vehicular circulation system, or other portions of the site pursuant to the approved zoning or substantial development permit.

After approval of a preliminary subdivision or short plat, a land surface modification permit may be issued for land surface modification to be done within rights-of-way, utility easements or access easements as designated on the approved engineering plans. A limited amount of grading, as well as stockpiling of materials, on individual lots may be permitted with city approval. (Ord. 4151 § 3 (part), 2008)

29.20.020 For projects without a valid development permit, subdivision or substantial development permit, but with a submitted building permit application.

A land surface modification may be approved for a project on a site without a valid development permit, subdivision or substantial development permit, but with a submitted building permit application, if the land surface modification complies with all of the following criteria:

(a)    A complete building permit application for the site has been submitted.

(b)    The land surface modification is not located on a site for which a zoning permit, subdivision, or substantial development permit has been submitted or is under review but has not yet been approved.

(c)    The land surface modification is the minimum necessary to locate structures or other associated improvements designated on the submitted building permit plans.

(d)    The land surface modification will not substantially change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater.

(e)    The land surface modification complies with the criteria in Section 29.20.050.

(f)    A bond is submitted prior to issuance of the land surface modification permit for restoration of the site in the event the building permit is not approved. (Ord. 4151 § 3 (part), 2008)

29.20.030 For projects without a valid development permit, subdivision or substantial development permit, on a site with an existing building or an active use and involving up to five hundred cubic yards of material.

A land surface modification may be approved for a project on a site without a valid development permit, subdivision or substantial development permit, but with an existing building or an active use, if the land surface modification complies with all of the following criteria:

(a)    The land surface modification is not located on a site for which a development permit, subdivision, or substantial development permit has been submitted or is under review but has not yet been approved.

(b)    The land surface modification will not substantially change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater.

(c)    In any one-year period, not more than five hundred cubic yards of fill material is deposited on, excavated and removed from, or moved from place to place on, the subject property. If the subject property is larger than one acre, the limit is five hundred cubic yards within each acre.

(d)    The land surface modification complies with the criteria in Section 29.20.050. (Ord. 4151 § 3 (part), 2008)

29.20.040 For projects without a valid development permit, subdivision or substantial development permit, on a vacant site or involving more than five hundred cubic yards of material.

On a vacant site involving any amount of material, or on a site with an existing building or an active use involving more than five hundred cubic yards of material (or five hundred cubic yards of material within each acre, if the subject property is larger than one acre), the land surface modification may be approved if all of the following criteria are met:

(a)    The land surface modification is proposed to do at least one of the following:

(1)    Correct an erosion or storm drainage problem under the supervision of the department of public works; or

(2)    Create new utility or access corridors required by the city of Kirkland; or

(3)    Improve to minimum standards, at the expense of the applicant, a deficient water, sewer, storm drainage or transportation system, as determined by the public works department; or

(4)    Avoid erosion, landslides, or other environmental hazards.

(b)    The land surface modification is not located on a site for which a development permit, subdivision, or substantial development permit has been submitted or is under review but has not yet been approved.

(c)    The land surface modification will not substantially change the points where the groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of groundwater.

(d)    The land surface modification complies with the criteria in Section 29.20.050. (Ord. 4151 § 3 (part), 2008)

29.20.050 General criteria.

The following criteria must be met for any land surface modification approved under Sections 29.20.020, 29.20.030 or 29.20.040:

(a)    The land surface modification is consistent with the provisions of the Kirkland Zoning Code, including, but not limited to, regulations regarding streams, lakes, and wetlands and their buffers; geologically hazardous areas; shorelines; and trees.

(b)    The land surface modification will not adversely affect the stability of structures or landforms on site or on adjacent properties.

(c)    The land surface modification is consistent with the provisions of the Kirkland Municipal Code, including, but not limited to, the Shoreline Master Program.

(d)    The land surface modification is consistent with the provisions of the most current edition of the public works department’s pre-approved plans and policies.

(e)    The land surface modification does not violate any policy of the city. (Ord. 4151 § 3 (part), 2008)