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AN ORDINANCE relating to school impact fees and comprehensive planning; adopting the capital facilities plans of the Tahoma, Federal Way, Riverview, Issaquah, Snoqualmie Valley, Highline, Lake Washington, Kent, Northshore, Enumclaw, Fife, Auburn, and Renton school districts as subelements of the capital facilities element of the King County Comprehensive Plan for purposes of implementing the school impact fee program; establishing school impact fees to be collected by King County on behalf of the districts; and amending Ordinance 18619, Section 2, as amended, and K.C.C. 20.12.473 and Ordinance 10122, Section 2, as amended, and K.C.C. 27.44.010.

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STATEMENT OF FACTS:

1.  Chapter 36.70A RCW and chapter 82.02 RCW authorize the collection of impact fees for new development to provide public school facilities to serve the new development.

2.  Chapter 82.02 RCW requires that impact fees may only be collected for public facilities that are addressed in a capital facilities element of a comprehensive land use plan.

3.  King County adopted Ordinances 9785 and 10162 for the purposes of implementing chapter 82.02 RCW.

4.  The Tahoma School District, Federal Way School District, Riverview School District, Issaquah School District, Snoqualmie Valley School District, Highline School District, Lake Washington School District, Kent School District, Northshore School District, Enumclaw School District, Fife School District, Auburn School District, and Renton School District have previously entered into interlocal agreements with King County for the collection and distribution of school impact fees.  Each of these school districts, through this ordinance, seeks to renew its capital facilities plan for adoption as a subelement of the capital facilities element of the King County Comprehensive Plan.

5.  Consistent with K.C.C. 21A.28.154, the school technical review committee met on June 19, 2021, to review each school district's capital facilities plan, enrollment projections, standard of service, the district's overall capacity for the next six years to ensure consistency with the Washington state Growth Management Act, with the King County Comprehensive Plan and adopted community and subarea plans and with the district's calculation and rationale for proposed impact fees.  The committee concluded that the plans attached to this ordinance accurately reflect the districts' facilities status and concurred with the calculation and rationale for the impact fees.

6.  Washington State Environmental Policy Act review of the capital facilities plans was conducted by the districts as lead agency on behalf of King County, which resulted in Determinations of Nonsignificance.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  This ordinance is adopted to implement King County Comprehensive Plan policies, the Washington state Growth Management Act, and King County Ordinance 10162, with respect to the Tahoma School District, Federal Way School District, Riverview School District, Issaquah School District, Snoqualmie Valley School District, Highline School District, Lake Washington School District, Kent School District, Northshore School District, Enumclaw School District, Fife School District, Auburn School District, and Renton School District.  This ordinance is necessary to address identified impacts of development on the districts to protect the public health, safety and welfare, and to implement King County's authority to impose school impact fees under RCW 82.02.050 through 82.02.080.

                     SECTION 2.  Ordinance 18619, Section 2, as amended, and K.C.C. 20.12.473 are hereby amended to read as follows:

                     The following school district capital facilities plans are adopted as subelements of the capital facilities element of the King County Comprehensive Plan and are incorporated in this section by reference:

                     A.  The Tahoma School District No. 409 Capital Facilities Plan ((2020 to 2025)) 2021 to 2026, adopted ((July 14, 2020)) June 22, 2021, which is included in Attachment A to ((Ordinance 19205)) this ordinance;

                     B.  The Federal Way Public Schools Capital Facilities Plan ((2021)) 2022, adopted ((July 28, 2020)) June 29, 2021, which is included in Attachment B to ((Ordinance 19205)) this ordinance;

                     C.  The Riverview School District No. 407 ((2020)) 2021 Capital Facilities Plan, adopted ((July 28, 2020)) June 22, 2021, which is included in Attachment C to ((Ordinance 19205)) this ordinance;

                     D.  The Issaquah School District No. 411 ((2020)) 2021 Capital Facilities Plan, adopted ((May 28, 2020)) May 27, 2021, which is included in Attachment D to ((Ordinance 19205)) this ordinance;

                     E.  The Snoqualmie Valley School District No. 410 Capital Facilities Plan ((2020)) 2021, adopted ((June 4, 2020)) June 17, 2021, which is included in Attachment E to ((Ordinance 19205)) this ordinance;

                     F.  The Highline School District No. 401 Capital Facilities Plan ((2020-2025)) 2021-2026, adopted ((July 8, 2020)) July 7, 2021, which is included in Attachment F to ((Ordinance 19205)) this ordinance;

                     G.  The Lake Washington School District No. 414 Six-Year Capital Facilities Plan ((2020-2025)) 2021-2026, adopted ((June 1, 2020)) June 7, 2021, which is included in Attachment G to ((Ordinance 19205)) this ordinance;

                     H.  The Kent School District No. 415 Six-Year Capital Facilities Plan ((2020-21 through 2025-26)) 2020-2021 through 2026-2027, adopted ((June 24, 2020)) June 23, 2021, which is included in Attachment H to ((Ordinance 19205)) this ordinance;

                     I.  The Northshore School District No. 417 Capital Facilities Plan ((2020-2026)) 2021-2027, adopted ((July 13, 2020)) June 28, 2021, which is included in Attachment I to ((Ordinance 19205)) this ordinance;

                     J.  The Enumclaw School District No. 216 Capital Facilities Plan ((2020-2025)) 2021-2026, adopted ((July 20, 2020)) June 21, 2021, which is included in Attachment J to ((Ordinance 19205)) this ordinance;

                     K.  The Fife School District No. 417 Capital Facilities Plan ((2020-2026)) 2021-2027, adopted ((September 28, 2020)) July 26, 2021, which is included in Attachment K to ((Ordinance 19205)) this ordinance;

                     L.  The Auburn School District No. 408 Capital Facilities Plan ((2020 through 2026)) 2021 through 2027, adopted ((June 22, 2020)) June 14, 2021, which is included in Attachment L to ((Ordinance 19205)) this ordinance; and

                     M.  The Renton School District No. 403 ((2020)) 2021 Capital Facilities Plan, adopted ((May 13, 2020)) July 14, 2021, which is included in Attachment M to ((Ordinance 19205)) this ordinance.

                     SECTION 3.  Ordinance 10122, Section 2, as amended, and K.C.C. 27.44.010 are hereby amended to read as follows:

                     A.  The following school impact fees shall be assessed for the indicated types of development:

                     B.  The school impact fees established in subsection A. of this section take effect January 1, ((2021)) 2022.

                     SECTION 4.  Severability.  If any provision of this ordinance or its application to

any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.