§ 23.76.026. Vesting

A.

Master Use Permit components other than subdivisions and short subdivisions. Except as otherwise provided in this Section 23.76.026 or otherwise required by law, applications for Master Use Permit components other than subdivisions and short subdivisions shall be considered vested under the Land Use Code and other land use control ordinances in effect on the date:

1.

That notice of the Director's decision on the application is published, if the decision is appealable to the Hearing Examiner;

2.

Of the Director's decision, if the decision is not appealable to the Hearing Examiner; or

3.

A valid and fully complete building permit application is filed, as determined under Section 106 of the Seattle Building Code or Section R105 of the Seattle Residential Code, if it is filed prior to the date established in subsections 23.76.026.A.1 or 23.76.026.A.2.

B.

Subdivision and short subdivision components of Master Use Permits. An application for approval of a subdivision or short subdivision of land shall be considered under the Land Use Code and other land use control ordinances in effect when a fully complete application for such approval that satisfies the requirements of Section 23.22.020 (subdivision) or Sections 23.24.020 and 23.24.030 (short subdivision) is submitted to the Director.

C.

Design review component of Master Use Permits

1.

If a complete application for a Master Use Permit is filed prior to the date design review becomes required for that type of project, design review is not required.

2.

Except as otherwise provided by law, a complete application for a Master Use Permit that includes a design review component other than an application described in subsection 23.76.026.C.3 shall be considered under the Land Use Code and other land use control ordinances in effect on:

a.

The date a complete application for the early design guidance process or streamlined design review guidance process is submitted to the Director, provided that such Master Use Permit application is filed within 90 days of the date of the early design guidance public meeting if an early design guidance public meeting is required, or within 90 days of the date the Director provided guidance if no early design guidance public meeting is required. If more than one early design guidance public meeting is held, then a complete application for a Master Use Permit that includes a design review component shall be considered under the Land Use Code and other land use control ordinances in effect on the date a complete application for the early design guidance process is submitted to the Director, provided that such Master Use Permit application is filed within 150 days of the first meeting. If a complete application for a Master Use Permit that includes a design review component is filed more than 150 days after the first early design guidance public meeting, then such Master Use Permit application shall be considered under the Land Use Code and other land use control ordinances in effect at the time of the early design guidance public meeting that occurred most recently before the date on which a complete Master Use Permit application was filed, provided that such Master Use Permit application is filed within 90 days of the most recent meeting; or

b.

A date elected by the applicant that is later than the date established in subsection 23.76.026.C.2.a and not later than the dates established in subsections 23.76.026.A.1 through 23.76.026.A.3.

3.

A complete application for a Master Use Permit that includes a Master Planned Community design review component, but that pursuant to subsection 23.41.020.C does not include an early design guidance process, shall be considered under the Land Use Code and other land use control ordinances in effect on the date the complete application is submitted.

D.

Areas in all multifamily zones within the Plat of New Rainier Vista, recorded in Volume 217 of Plats, Pages 52 through 99, records of King County, Washington (as amended) and the Plat of the High Point Community, recorded in Volume 221 of Plats, Pages 4 through 35, records of King County, Washington may be developed according to the provisions of the Seattle Land Use Code (Title 23) in effect on April 18, 2011 and any conditions of rezone approval. This subsection 23.76.026.D shall expire on December 31, 2018.

E.

If an applicant elects a date for consideration of an application for Master Use Permit components pursuant to subsection 23.76.026.C.2.b after notice of the application required by Section 23.76.012 has been given, notice of the application and an opportunity to comment shall be repeated according to Section 23.76.012.

F.

Applicants whose applications vest after April 19, 2011 but prior to or on October 7, 2011 may elect to have the old height measurement technique applied to the projects, as reflected in Section 23.86.006, Structure Height, as it existed immediately prior to April 19, 2011. Projects where the applicant has chosen this option may also take advantage of exceptions to height limits provided in this Title 23 at that time.

G.

Notwithstanding any other provision of this Section 23.76.026 or this Chapter 23.76, an applicant may elect, at such time and in such manner as the Director may permit, that specific Land Use Code provisions that became effective after the applicant's application vested may nonetheless be applied to the application, pursuant to authorization for such election set forth elsewhere in this Title 23.

(Ord. 125429 , § 28, 2017; Ord. 124843 , § 58, 2015; Ord. 124378 , § 81, 2013; Ord. 123963, § 31, 2012; Ord. 123913, § 18, 2012; Ord. 123649, § 54, 2011; Ord. 123495, § 79, 2011; Ord. 122611 , § 12, 2007; Ord. 122311 , § 96, 2006; Ord. 122235, § 14, 2006; Ord. 121477, § 51, 2004; Ord. 121112, § 1, 2003; Ord. 119728, § 12, 1999; Ord. 118980, § 8, 1998; Ord. 118539, § 7, 1997; Ord. 118466, § 3, 1997; Ord. 118012, § 37, 1996; Ord. 117598, § 5, 1995; Ord. 115751, § 2, 1991; Ord. 113977, § 1, 1988; Ord. 112522, § 2(part), 1985)