23.60A.164

A. Private property 1. Regulated public access meeting the following criteria shall be provided and maintained on privately owned waterfront properties as set forth in each shoreline environment and also, if the use of the property is a marina, as set forth in Section 23.60A.200 . If there is a conflict, the standards in Section 23.60A.200 control. 2. Existing development meeting the public access standards of this Chapter 23.60A at the time of original permitting is not required to provide additional public access unless the development changes to a development with different public access standards. B. Public Property. Regulated public access shall be provided and maintained on all publicly owned and publicly controlled waterfront development sites whether leased to private lessees or not, except if the site is submerged land that does not abut dry land. C. Minimum Standards 1. Regulated public access shall be provided in the form of any one or a combination of the following physical improvements: Walkway, bikeway, viewpoint, park, deck, observation tower, pier, boat-launching ramp, non-motorized pull-out areas, transient moorage, or other areas serving as a means of view and/or physical approach to public waters for the public. Regulated public access may also include, but not be limited to, interpretive centers and displays explaining maritime history and industry. 2. The minimum regulated public access shall consist of an improved walkway at least 5 feet wide on an easement 10 feet wide, leading from the street or from a public walkway directly to a waterfront use area or to an area on the property from which the water and water activities can be observed. There shall be no significant obstruction of the view from this viewpoint. 3. Maintenance of the regulated public access is the responsibility of the owner or developer. D. The Director shall review the type, design, and location of regulated public access to ensure development of a public place meeting the intent of the Shoreline Master Program. The Director shall apply the following criteria in determining what constitutes adequate public access on a specific site: 1. The location of the access on the lot shall be chosen to: a. Maximize the public nature of the access by locating it adjacent to other public areas including street-ends, waterways, parks, other public access and connecting trails; b. Maximize views of the water and sun exposure; and c. Minimize intrusions into privacy for both site users and public access users by avoiding locations adjacent to private windows and/or outdoor private open spaces and by screening or other separation techniques. 2. Public amenities appropriate to the usage of the regulated public access space, such as bike racks, benches, picnic tables, public docks and sufficient public parking to serve the users, shall be selected and placed to promote a usable and comfortable public area. 3. Regulated public access shall be located to avoid interference with the use of the site by water-dependent uses located on the site and minimize interference with the water-dependent uses on adjacent sites. 4. Public access shall be separated from private uses through landscaping or other appropriate screening unless the private spaces include uses that are open to the public, such as eating and drinking establishments or retail stores. 5. Required public access shall provide connections to trails, parks, and other public amenities wherever feasible. 6. Paths and other public access features shall not disturb trees and shall be sited in locations that result in the least disturbance to native vegetation; and 7. Pedestrian paths shall use pervious material to the greatest extent feasible. E. Regulated public access may be limited as to types of activities allowed. Twenty four hour availability shall be provided, unless the Director determines that limited hours of access are necessary based on location and projected use of the site, and the access is available to the public on a regularly scheduled basis. F. Regulated public access shall be open to the public no later than the time of the Director's final inspection of the proposed development that requires public access. G. Regulated public access and any related parking shall be indicated by permanent signs provided by the applicant that are of standard design and materials prescribed by the Director. The signs shall be located for maximum public visibility and be clearly visible and legible from the right-of-way. H. All regulated public access points shall be provided through an easement, covenant, or similar legal agreement recorded with the King County Recorder's Office, except for public access on publicly controlled land. I. For shoreline development requiring more than one shoreline substantial development permit or extending for more than 1,000 linear feet of shoreline, regulated public access shall be provided in the context of the entire development. 1. A comprehensive development plan for the entire project shall be submitted with the first shoreline permit application. The plan shall include all project components intended, plans for the regulated public access, and a development schedule that indicates when various components of regulated public access will be available for public use. The level of detail of the plans for the regulated public access shall be equal to that of the project proposal. 2. If a regulated public access area for the development has previously been agreed upon during a street vacation process, then the Director shall not require a greater land area for access, but may require development of physical improvements. 3. A minimum of one regulated public access site shall be provided for each 3,500 linear feet of shoreline unless public access standards are met elsewhere as part of an approved public access plan or public access is not required for the development. J. General Exceptions. 1. The requirement for one regulated public access site for each terminal or facility may be waived if the terminal or facility is included in an approved public access plan and the applicant complies with the plan. 2. In lieu of development of required public access on the lot, an applicant may choose to meet the requirement for regulated public access through payment-in-lieu or by development of public property equivalent to the regulated public access otherwise required if the applicant's lot is located in an area included in an approved regulated public access plan. To be allowed, payment in lieu or development off-site must be allowed by the approved public access plan. 3. Regulated public access is not required or may be modified if the Director has reviewed all reasonable alternatives for public access, including off-site improvements under the control of the applicant, viewing platforms, and separation of uses through site planning and design, and has determined that either subsection 23.60A.164.J.3.a or 3.b applies: a. The site does not qualify for payment-in-lieu or public access development off-site under subsection 23.60A.164.J and one of the following conditions exists: 1) Unavoidable hazards to the public in gaining access exist; 2) Inherent security requirements of the use cannot be satisfied; 3) Unavoidable interference with the use would occur; 4) Public access at the particular location cannot be developed to satisfy the public interest in providing a recreational, historical, cultural, scientific or educational opportunity or view; or 5) Adverse impacts to ecological functions that cannot be feasibly mitigated would result; or b. The cost of providing regulated public access is unreasonably disproportionate to the total cost of the proposed development, considering the scope of the proposed development and general public's interest in the opportunity to enjoy the physical and aesthetic qualities of shorelines of the State, including views of the water, in which case the Director may adjust the required public access so that the cost is reasonably proportionate. 4. Access to regulated public access may be denied to any person who creates a nuisance or engages in illegal conduct on the property. The Director may authorize regulated public access to be temporarily or permanently closed if it is found that offensive conduct cannot otherwise be reasonably controlled. K. Public Access Plan 1. The Director may approve a public access plan if it: a. Meets the requirements of WAC 173-26-221(4); and b. Is developed through an open public process as provided in WAC 173-26-201(3)(b)(i). 2. The Director shall use the interpretation process in subsection 23.88.020.A for plans prepared by other public entities through a process that complies with subsection 23.60A.164.K.1.b. For all other plans the Director shall use the process and procedures prescribed for Type II land use decisions in Chapter 23.76 . (Ord. 124750 , § 12, 2015; Ord. 124105 , § 3, 2013.)