AN ORDINANCE relating to land use and zoning; amending Sections 23.04.010, 23.34.004, 23.69.032, 23.76.004, 23.76.005, 23.76.006, 23.76.008, 23.76.010, 23.76.012, 23.76.014, 23.76.015, 23.76.016, 23.76.018, 23.76.020, 23.76.022, 23.76.024, 23.76.026,
23.76.028, 23.76.032, 23.76.034, 23.76.036, 23.76.038, 23.76.040, 23.76.042, 23.76.046, 23.76.050, 23.76.052, 23.76.054, 23.76.056, 23.76.058, 23.76.060, 23.76.062, 23.78.002, 23.78.006, 23.78.012, 23.78.014, 23.79.006, 23.79.010, 23.79.012,
23.84A.014, 23.84A.024, 23.84A.025, 23.84A.030, 23.84A.032, 23.84A.036, 25.05.355, and 25.05.680 of the Seattle Municipal Code, repealing Sections 23.76.019, 23.76.049, and 23.76.068, and adding a new Section 23.76.067, to improve and clarify procedures
for Master Use Permits and Council land use decisions.
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Subsection B of Section 23.04.010 of the Seattle Municipal Code, which section was last amended by Ordinance 120117, is amended as follows:
23.04.010 Transition to the Land Use Code(( . ))
* * *
B. Existing Contract Rezones. Contract rezones approved under Title 24 shall remain in effect until the date specified in the rezone property use and development agreement (PUDA) . If no expiration date is specified, the rezone shall remain in
effect for two (( (2) )) years from the effective date of Title 23 zoning for the property or, in the case of downtown, from the effective date of Ordinance 112303 adopting permanent Title 23 zoning for downtown. When Title
23 zoning goes into effect, the property may, at the election of the property owner, be developed pursuant to either the existing rezone property use and development agreement or Title 23. When the contract rezone expires the property shall be regulated
solely by the requirements of Title 23 . If a property is subject to a PUDA approved under Title 24 and the owner wishes to develop under Title 23, the property may be released from the conditions of the PUDA by the City Council without
following the PUDA amendment procedures in 23.76.058.
* * *
Section 2. Section 23.34.004 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, is amended as follows:
23.34.004 Contract rezones(( . ))
A. Property Use and Development Agreement (( (PUDA) )). The Council may approve a map amendment subject to the execution, delivery , and recording of (( an )) a property use and
development agreement (PUDA) executed by the legal or beneficial owner of the property to be rezoned (( to )) containing self-imposed restrictions upon the use and development of the property in order to
ameliorate adverse impacts that could occur from unrestricted use and development permitted by development regulations otherwise applicable after the rezone. All restrictions imposed by the PUDA shall be directly related to the impacts that may
be expected to result from the (( amendment )) rezone . A contract rezone shall be conditioned on performance or compliance with the terms and conditions of the (( property use and development
agreement )) PUDA . Council may revoke a contract rezone or take other appropriate action allowed by law for failure to comply with a PUDA. The (( agreement )) PUDA shall be approved as to form
by the City Attorney, and shall not be construed as a relinquishment by the City of its discretionary powers.
B. Waiver of Certain Requirements. The ordinance accepting the (( agreement )) PUDA may waive specific bulk or off-street parking and loading requirements if the Council determines that the waivers are necessary under
the agreement to achieve a better development than would otherwise result from the application of regulations of the zone. No waiver of requirements shall be granted (( which )) that would be materially detrimental to
the public welfare or injurious to property in the zone or vicinity in which the property is located.
Section 3. Subsections H, I, and J of Section 23.69.032 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, are amended as follows:
23.69.032 Master Plan Process
* * *
H. Hearing Examiner Consideration of the Master Plan.
1. The Hearing Examiner shall review the Director's report and recommendation and the Advisory Committee's report on the Director's report, as provided in Section 23.76.052(( , Hearing Examiner open record predecision hearing and
recommendation )).
2. If the Hearing Examiner considers the proposed master plan and all recommendations for changes, alternatives, mitigating measures and conditions, and determines that a significant master plan element or environmental issue was not adequately
addressed by the proposed master plan, the Hearing Examiner may request the institution to prepare new proposals on the issues identified, may request the Director to conduct further analysis or provide clarification, and may request the Advisory
Committee to reconvene for the limited purpose of commenting on the new proposals. The new proposals shall also be submitted to the Director, Advisory Committee and parties of record for comment. After the new proposals and comments have been received,
the Hearing Examiner may:
a. Remand the new proposals and Advisory Committee comments and recommendation to the Director for further consideration and report; or
b. Hold the hearing record open for evidence on the new proposals, the Advisory Committee comments and recommendation, and/or any comments pertaining to the limited issues which were presented by other parties of record.
3. The Hearing Examiner shall submit a recommendation to the Council on the proposed master plan within (( thirty ( ))30(( ) )) days following the hearing. In addition to the Hearing Examiner's
recommendation, the Hearing Examiner shall transmit to the Council the proposed master plan, environmental documentation, the Advisory Committee's reports, and the report and recommendation of the Director.
I. Council Consideration of the Hearing Examiner's Recommendation.
1. The Council shall review and consider the Hearing Examiner's recommendation as provided in Section 23.76.054(( , Council consideration of Hearing Examiner recommendation )). The goal of the Council shall be to take final
action on the Hearing Examiner's recommendation no later than three (( (3) )) months after the date it receives the recommendation.
2. If the Council examines the proposed master plan and all recommendations for changes, alternatives, mitigating measures and conditions, and determines that a significant master plan element was not adequately addressed by the proposed master plan,
the Council may remand the master plan for submission of additional information and/or new proposal(s) on the issue determined to be inadequately addressed, in a time frame specified in the remand. The institution shall submit the additional information
and/or new proposals to the Advisory Committee, to the parties of record to the Council decision to remand, and to the Director. The Advisory Committee shall prepare and submit comments and a report to the Director. The Director shall submit a report
and recommendation on the additional information and/or new proposal(s) to the Hearing Examiner. The Hearing Examiner shall consider the additional information and/or new proposal(s) and submit a recommendation to Council pursuant to subsection 23.69
. 32 . H (( above )).
J. Council Decision.
1. The Council's decision to adopt, adopt with conditions, or deny an application for a Major Institution Master Plan shall comply with the requirements of Section 23.76.056(( , Council decision on Hearing Examiner recommendation
)).
2. Adoption of a master plan shall be by ordinance. A master plan shall not become final until the ordinance approving it becomes law pursuant to the City Charter.
* * *
Section 4. Section 23.76.004 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, is amended as follows:
23.76.004 Land Use Decision Framework
A. Land use decisions are classified into five categories (( based on the amount of discretion and level of impact associated with each decision )). Procedures for the five different categories are distinguished according to
who makes the decision, the type and amount of public notice required, and whether appeal opportunities are provided. Land use decisions are generally categorized by type in Table A for 23.76.004 .
B. Type I and II decisions are made by the Director and are consolidated in Master Use Permits. Type I decisions are decisions made by the Director (( that require the exercise of little or no discretion and )) that are not
appealable to the Hearing Examiner. Type II decisions are discretionary decisions made by the Director that are subject to an administrative open record appeal hearing to the Hearing Examiner; provided that Type II decisions enumerated in
(( Section )) subsections 23.76.006.C.2 .c, d, f, and g, and SEPA decisions integrated with them as set forth in subsection 23.76.006.C.2.l, shall be made by the Council when associated with a Council land
use decision and are not subject to administrative appeal. Type III decisions are made by the Hearing Examiner after conducting an open record hearing and not subject to administrative appeal. Type I, II or III decisions may be subject to land use
interpretation pursuant to Section 23.88.020.
* * *
H. If notice is required pursuant to this Chapter 23.76, except mailed notice as defined in Section 23.84A.025, it may be provided by electronic means if the recipient provides an e-mail address to the Department. Notice to City agencies may be
provided through the City's interoffice mail or by electronic means.
Table A for 23.76.004 LAND USE DECISION FRAMEWORK 1
DIRECTOR'S AND HEARING EXAMINER'S DECISIONS REQUIRING MASTER USE PERMITS
TYPE I Director's Decision (( (No Administrative Appeal) )) (Administrative review through
land use interpretation as allowed by Section 23.88.0202) |
* Compliance with development standards |
* Uses permitted outright |
* Temporary uses, four weeks or less |
* Intermittent uses |
* Interim use parking authorized under subsection 23.42.040.G |
* Uses on vacant(( / ))or underused lots (( per )) pursuant to Section 23.42.038 |
* Certain street uses |
* Lot boundary adjustments |
* Modifications of features bonused under Title 24 |
* Determinations of significance (EIS required) except for determinations of significance based solely on historic and cultural preservation |
* Temporary uses for relocation of police and fire stations |
* Exemptions from right-of-way improvement requirements |
* Special accommodation |
* Reasonable accommodation |
* Minor amendment to a Major Phased Development Permit |
* Determination of public benefit for combined lot FAR |
* Determination of whether an amendment to a (( Property Use and Development Agreement )) property use and development agreement is major or
minor |
* Streamlined design review, pursuant to Section 23.41.018, if no development standard departures are requested |
* Shoreline special use approvals that are not part of a shoreline substantial development permit |
* Adjustments to major
institution boundaries pursuant to subsection 23.69.023.B |
* Other Type I decisions that are identified as such in the Land Use Code |
TYPE II Director's Decision (Appealable to Hearing Examiner or Shorelines Hearing Board (( *
))3) |
* Temporary uses, more than four weeks, except for temporary relocation of police and fire stations |
* Variances |
* Administrative conditional uses |
* Shoreline decisions, except shoreline special use approvals that are not part of a shoreline substantial development permit (( (*appealable to
Shorelines Hearings Board along with all related environmental appeals) ))3 |
* Short subdivisions |
* Special Exceptions |
* Design review decisions, except for streamlined design review pursuant to Section 23.41.018 for which no development standard departures are
requested |
* Light rail transit facilities |
* The following environmental determinations: |
1. Determination of non-significance (EIS not required) |
2. Determination of final EIS adequacy |
3. Determinations of significance based solely on historic and cultural preservation |
4. A decision (( by the Director )) to approve, condition or deny a project based on SEPA Policies |
5. A decision (( by the Director )) that a project is consistent with a Planned Action Ordinance and EIS (no threshold determination or EIS required)
|
* Major Phased Developments |
* Downtown Planned Community Developments |
TYPE III Hearing Examiner's Decision (No Administrative Appeal) |
* Subdivisions (preliminary plats) |
COUNCIL LAND USE DECISIONS |
TYPE IV (Quasi-Judicial) Council Land Use Decisions |
* Amendments to the Official Land Use Map (rezones), except area-wide amendments(( , ))and correction of errors (( and adjustments pursuant
to Section 23.69.023 )) |
* Public projects that require Council (( approvals ))approval |
* Major Institution (( Master Plans ))master plans, including major amendments, (( and )) renewal of a master plan's development
plan component , and master plans prepared pursuant to subsection 23.69.023.C after an acquisition, merger, or consolidation of major institutions. |
* Major amendments to (( Property Use and Development Agreements ))property use and development agreements |
* Council conditional uses |
TYPE V (Legislative) Council Land Use Decisions |
* Land Use Code text amendments |
* Area-wide amendments to the Official Land Use Map |
* Corrections of errors on the Official Land Use Map due to cartographic and clerical mistakes |
* Concept approvals for the location or expansion of City facilities requiring Council land use approval |
* Major Institution designations and revocations of Major Institution designations |
* Waivers or modifications of development standards for City facilities |
* Planned Action Ordinances |
Footnotes for Table A for 23.76.004: (1) Sections 23.76.006 and 23.76.036 establish the types of land use decisions in each
category. This table is intended to provide only a general description of land use decision types. (2) Type I decisions are subject to administrative review through a land use interpretation pursuant to Section
23.88.020 if the decision is one that is subject to interpretation. (3) Shoreline decisions, except shoreline special use approvals that are not part of a shoreline substantial development permit, are appealable to the
Shorelines Hearings Board along with all related environmental appeals. |
* * *
Section 5. Section 23.76.005 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, is amended as follows:
23.76.005 Time for decisions(( . ))
A. Except as otherwise provided in this Section 23.76.005 (( section )) or otherwise agreed to by the applicant, land use decisions on applications shall be made within (( one hundred twenty (
))120(( ) )) days after the applicant has been notified that the application is complete. In determining the number of days that have elapsed after the notification that the application is complete, the
following periods shall be excluded:
1. All periods of time during which the applicant has been requested by the Director to correct plans, perform required studies, or provide additional required information, until the (( determination )) Director determines
that the request has been satisfied;
2. Any extension of time mutually agreed upon by the Director and the applicant;
3. For projects for which an EIS has been required, the EIS process time period established in subsection 23.76.005.B ; (( and ))
4. Any time period for filing an appeal of the land use decision to the Hearing Examiner, and the time period to consider and decide the appeal(( . )) ; and
5. All periods of time during which the applicant has been requested by the Director to pay past-due permit fees, until the Director determines that the request has been satisfied or until the permit is cancelled for failure to pay fees.
B. The time required to prepare an EIS shall be agreed to by the Director and applicant in writing. Unless otherwise agreed to by the applicant, a final environmental impact statement shall be issued by the Director within one year following the
issuance of a Determination of Significance for the proposal, unless the EIS consultant advises that a longer time period is necessary. In that case, the additional time shall be that recommended by the consultant, not to exceed an additional year.
(( B )) C . The time limits established by subsection s 23.76.005. A and B (( of this section )) do not apply if a permit application:
1. (( Requires )) requires an amendment to the (( comprehensive plan )) Comprehensive Plan or the Land Use Code; or
2. (( Requires )) requires the siting of an essential public facility; or
3. (( Is )) is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.
(( C )) D . Exclusions (( Pursuant )) pursuant to RCW 36.70B.140(1).
1. Type II decisions. There is no time limit for a decision on an application (( for )) that includes an exception from the regulations for Environmentally Critical Areas, (( SMC )) Chapter
25.09 .
2. Type III decisions.
a. The Director shall issue a recommendation within (( one hundred twenty ( ))120(( ) )) days as that time is calculated pursuant to subsection s 23.76.005. A , B, and C
(( of this section )); and
b. The Hearing Examiner shall issue a decision within (( ninety ( ))90(( ) )) days of issuance of the Director's recommendation(( . )) , except that in determining
the time limits for Type III decisions established in this subsection 23.76.005.D.2.b, the following periods shall be excluded:
1) The time during which a Type III decision is remanded by the Hearing Examiner for further information or analysis. The Hearing Examiner shall set a reasonable period for the remand after consideration of the nature and complexity of the issues,
and, if practicable, after consultation with the parties about the reasonableness of the remand period;
2) All periods of time during which the applicant has been requested by the Director to pay pastdue permit fees, until the Director determines that the request has been satisfied; and
3) Any extension of time mutually agreed upon by the Hearing Examiner and the applicant.
3. Type IV Council land use decisions.
a. There is no time limit for decisions on Major Institution master plans.
b. All other Type IV Council land use decisions and any associated Type II decisions listed in (( Section )) subsection 23.76.006(( )) . C . 2, except for the exclusion s
listed in subsection s 23.76.005.D.1 (( C.1 )) and 23.76.005.D.3.c (( of this section )), shall be made within the following time periods:
(( ( ))1) The Director shall issue a recommendation within (( one hundred twenty ( ))120(( ) )) days as that time period is calculated pursuant to subsection s
23.76.005. A , B, and C (( of this section ));
(( ( ))2) The Hearing Examiner shall issue a (( decision )) recommendation within (( ninety ( ))90(( ) )) days of issuance of the
Director's recommendation; and
(( ( ))3) The Council shall issue its decision within (( ninety ( ))90(( ) )) days of receipt of the Hearing Examiner recommendation, except that if a timely appeal is
filed with the City Clerk, the Council shall issue its decision within (( one hundredtwenty ( ))120(( ) )) days of receipt of the Hearing Examiner recommendation.
(( 4 )) c. In determining the time limits for Type IV Council land use decisions established in this subsection 23.76.005.D, the following periods shall be excluded:
(( a. )) 1) (( Any )) The time during which a Type IV (( application for a land use )) Council land use decision (( that
)) is remanded by the Hearing Examiner or Council for further information or analysis (( shall be excluded from the time periods of subsection A for the period of the remand )). The Hearing Examiner or the
Council shall set a reasonable period for the remand after consideration of the nature and complexity of the issues, and, (( when )) if practicable, after consultation with the parties about the reasonableness of the
remand period(( . )) ;
(( b. )) 2) All periods of time during which the applicant has been requested by the Director to pay past-due permit fees, until the Director determines that the request has been satisfied; and
(( c. )) 3) Any extension of time mutually agreed upon by the Hearing Examiner and the applicant or the City Council and the applicant.
(( D )) E . Type V Council land use decisions are legislative decisions to which (( subsection A of this section does not )) no time limits apply.
Section 6. Subsections B and C of Section 23.76.006 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, are amended, and a new subsection E is added, as follows:
23.76.006 Master Use Permits Required
* * *
B. The following decisions are Type I:
1. Determination that a proposal complies with development standards;
2. Establishment or change of use for uses permitted outright, temporary uses for four weeks or less not otherwise permitted in the zone, interim use parking under subsection 23.42.040.G, uses allowed under Section 23.42.038, and temporary relocation of
police and fire stations for 24 months or less;
3. The following street use approvals (( associated with a development proposal )):
a. Curb cut for access to parking whether associated with a development proposal or not ;
b. Concept approval of street improvements associated with a development proposal , such as additional on-street parking, street landscaping, curbs and gutters, street drainage, sidewalks, and paving;
c. Structural building overhangs associated with a development proposal ;
d. Areaways associated with a development proposal ;
4. Lot boundary adjustments;
5. Modification of the following features bonused under Title 24 :
a. Plazas;
b. Shopping plazas;
c. Arcades;
d. Shopping arcades;
e. Voluntary building setbacks;
6. Determinations of Significance (determination that an environmental impact statement is required) for Master Use Permits and for building, demolition, grading and other construction permits (supplemental procedures for environmental review are
established in Chapter 25.05, Environmental Policies and Procedures), except for Determinations of Significance based solely on historic and cultural preservation;
7. Discretionary exceptions for certain business signs authorized by subsection 23.55.042.D;
8. Waiver or modification of required right-of-way improvements;
9. Special accommodation pursuant to Section 23.44.015 ;
10. Reasonable accommodation;
11. Minor amendment to Major Phased Development Permit;
12. Determination of public benefit for combined lot development;
13. Streamlined design review pursuant to Section 23.41.018, if no (( development standard )) departures are requested pursuant to Section 23.41.012; (( and ))
14. Shoreline special use approvals that are not part of a shoreline substantial development permit; and
(( 14 )) 15 . Other Type I decisions.
C. The following are Type II decisions:
1. The following procedural environmental decisions for Master Use Permits and for building, demolition, grading and other construction permits are subject to appeal to the Hearing Examiner and are not subject to further appeal to the City Council
(supplemental procedures for environmental review are established in Chapter 25.05, Environmental Policies and Procedures):
a. Determination(( s )) of Nonsignificance (DNS), including mitigated DNSs;
b. Determination that a final EIS is adequate; and
c. Determination of Significance based solely on historic and cultural preservation.
2. The following decisions(( , including any integrated decisions to approve, condition or deny based on SEPA policies, )) are subject to appeal to the Hearing Examiner (except shoreline decisions and related environmental
determinations, which are appealable to the Shorelines Hearings Board):
a. Establishment or change of use for temporary uses more than four weeks not otherwise permitted in the zone or not meeting development standards, including the establishment of temporary uses and facilities to construct a light rail transit system for
so long as is necessary to construct the system as provided in subsection 23.42.040.F, but excepting temporary relocation of police and fire stations for 24 months or less;
b. Short subdivisions;
c. Variances; provided that(( , )) the decision on variances sought as part of a (( Type IV )) Council land use decision (( may )) shall be
(( granted )) made by the Council pursuant to Section 23.76.036 ;
d. Special exceptions; provided that(( , )) the decision on special exceptions sought as part of a (( Type IV )) Council land use decision (( may ))
shall be (( granted )) made by the Council pursuant to Section 23.76.036 ;
e. Design review, including streamlined design review pursuant to Section 23.41.018 if (( development standard )) departures are requested pursuant to Section 23.41.012 ;
f. Administrative conditional uses(( ; )) , provided that(( , )) the decision on administrative conditional uses sought as part of a (( Type IV ))
Council land use decision (( may )) shall be (( approved )) made by the Council pursuant to Section 23.76.036 ;
g. The following shoreline decisions ; provided that these decisions shall be made by the Council pursuant to Section 23.76.036 when they are sought as part of a Council land use decision (supplemental procedures for shoreline decisions are
established in Chapter 23.60):
1) Shoreline substantial development permits;
2) Shoreline variances; and
3) Shoreline conditional uses;
h. Major Phased Development s ;
i. Determination of project consistency with a planned action ordinance and EIS;
j. Establishment of light rail transit facilities necessary to operate and maintain a light rail transit system, in accordance with the provisions of Section 23.80.004; (( and ))
k. Downtown planned community developments(( . )) ; and
l. Decisions to approve, condition, or deny based on SEPA policies if such decisions are integrated with the decisions listed in subsections 23.76.006.C.2.a.through k; provided that, for decisions listed in subsections 23.76.006.C.2.c, d, f, and g
that are made by the Council, integrated decisions to approve, condition, or deny based on SEPA policies are made by the Council pursuant to Section 23.76.036.
* * *
E. The requirement for the Council to make the shoreline decisions listed in subsection 23.76.006.C.2.g if they are sought as part of a Council land use decision shall also apply for purposes of Chapter 23.60.
Section 7. Subsection A of Section 23.76.008 of the Seattle Municipal Code, which section was last amended by Ordinance 118012, is amended as follows:
23.76.008 Preapplication conferences for Type II and Type III decisions (( . ))
A. Prior to official filing with the Director of an application for a Master Use Permit requiring a Type II or III decision, the applicant may request or the Director may require a preapplication conference. The conference shall be held in a timely
manner between a Department representative(s) and the applicant to determine the appropriate procedures and review criteria for the proposed project. Preapplication conferences may be subject to fees as established in (( Chapters
22.901A-22.901T, Permit Fee Subtitle )) Subtitle IX of Title 22 .
* * *
Section 8. Section 23.76.010 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, is amended as follows:
23.76.010 Applications for Master Use Permits
A. 1. Applications for Master Use Permits shall be made by the property owner, lessee, contract purchaser, a City agency, or other public agency proposing a project the location of which has been approved by the City Council by ordinance or
resolution, or by an authorized agent thereof. A Master Use Permit applicant shall designate a single person or entity to receive determinations and notices from the Director.
2. A claim made by a person that the person possesses title to any portion of the property for which a Maser Use Permit application has been submitted, whether the claim is made by a judicially--filed pleading or not, is not grounds for the
Department to suspend processing the application unless:
a. a court injunction has been issued and is delivered to the Department; or
b. the application is for a subdivision or short subdivision, the claim is made in a pleading to quiet title to a portion of the property that has been filed in court, and a copy of the pleading has been delivered to the Department.
B. All applications for Master Use Permits shall be made to the Director on a form provided by the Department.
C. Applications shall be accompanied by payment of the applicable filing fees, if any, as established in (( Chapters 22.901A-22.901T, Permit Fee Subtitle )) Subtitle IX of Title 22.
D. All applications shall contain the submittal information required by the applicable sections of this Title 23, Land Use Code; Title 15, Street and Sidewalk Use; Chapter 25.05, Environmental Policies and Procedures; Chapter 25.09, Regulations for
Environmentally Critical Areas; Chapter 25.12, Landmarks Preservation; Chapter 25.16, Ballard Avenue Landmark District; Chapter 25.20, Columbia City Landmark District; Chapter 25.22, Harvard-Belmont Landmark District; Chapter 25.24, Pike Place Market
Historical District; and other codes as determined applicable and necessary for review by the Director. All shoreline substantial development, conditional use , or variance applications shall also include applicable submittal
information as specified in WAC 173-27-180. The Director shall make available, in writing, a general list of submittal requirements for a complete application. (( The following information shall also be required as further
specified in the Director's Rule on Application Submittal Guidelines, unless the Director indicates in writing that specific information is not necessary for a particular application:
1. Property information including, but not limited to, address, legal description, Assessor's Parcel number, and project description;
2. A signed statement of financial responsibility from the applicant acknowledging financial responsibility for all applicable permit fees. If the application is made, in whole or in part, on behalf of the property's owner, lessee, and/or
contract purchaser, then the statement of financial responsibility must also include a signed statement of the owner, lessee, and/or contract purchaser acknowledging financial responsibility for all applicable permit fees;
3. Scale drawings with all dimensions shown that include, but are not limited to, the following information:
a. Existing site conditions showing adjacent streets (by name), alleys or other adjacent public property, existing street uses, such as street trees and sidewalk displays, buildings and structures, open space and landscape, access
driveways and parking areas;
b. Elevations and sections of the proposed new features;
c. Floor plans showing the proposed new features;
d. Drainage plan;
e. Landscape plan;
f. Right-of-way information showing any work proposed in the public right-of-way;
g. Identification on the site plan of all easements, deed restrictions, or other encumbrances restricting the use of the property, if applicable;
h. Parking layout and vehicular access;
i. Vicinity map;
j. Topographic map; and
k. Open space plan.
4. A statement whether the site includes or is adjacent to a nominated or designated City of Seattle landmark, or has been listed as eligible for landmark status by the state or federal governments, or is within a City of Seattle landmark
or special review district. If the site includes a nominated or designated City of Seattle landmark, or is within a City of Seattle landmark or special review district, then the applicant must provide a copy of any application for any required
certificate of approval that has been filed with the Department of Neighborhoods. If the site does not include a landmark and is not within a landmark or special review district, then the applicant must provide the following information:
a. Date the buildings on the site were constructed;
b. Name of the architect(s) or builder(s); and
c. For any building 50 or more years old, clear exterior photos of all elevations of the building.
5. For all transmitting antennas, the applicant shall submit a signed copy of the Applicant's Statement of Federal Communications Commission (FCC) Compliance. If the transmitting antenna requires Public Health---Seattle & King County
review, the applicant must also submit a letter from the Public Health Department certifying that the facility does not exceed radio frequency radiation levels allowed by the FCC;
6. Confirmation that any required notification sign has been installed according to the Director's specifications;
7. Information including technical reports, drawings, models or text, necessary to evaluate the development proposal, project site and potential environmental effects related to the following:
a. Soils and geology;
b. Grading;
c. Drainage;
d. Construction impacts;
e. Air quality;
f. Water quality;
g. Water discharge;
h. View impairment;
i. Energy consumption;
j. Animal habitat impacts;
k. Plant ecology, botany and vegetation;
l. Noise;
m. Release and disposal of toxic and hazardous materials;
n. Soil contamination;
o. Dredging;
p. Land use;
q. Housing;
r. Light and glare;
s. Shadow;
t. Aesthetics;
u. Use and demand on recreation facilities;
v. Vehicular traffic and circulation;
w. Parking;
x. Pedestrian circulation;
y. Circulation and movement of goods;
z. Traffic hazard;
aa. Demand on public service and utilities; and
bb. Identification of all development departures requested through the design review process. ))
E. Notice of Complete Application.
1. The Director shall determine whether an application is complete and shall notify the applicant in writing within (( twenty-eight ( ))28(( ) )) days of the date the application
(( being )) is filed whether the application is complete or that the application is incomplete and what additional information is required before the application will be complete. Within (( fourteen (
))14(( ) )) days of receiving the additional information, the Director shall notify the applicant in writing (( whether )) if the application is (( now complete
or )) still incomplete and what additional information is necessary. An application shall be deemed to be complete if the Director does not notify the applicant in writing that the application is incomplete by the
deadlines in this (( section )) subsection 23.76.010.E (( that the application is incomplete )). A determination that the application is complete is not a determination that the application
is vested.
2. A Master Use Permit application is complete for purposes of this (( section )) Section 23.76.010 (( when )) if it meets the submittal requirements established by the Director in
subsection 23.76.010. D (( of this section )) and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of
completeness shall not preclude the Director from requesting additional information or studies either at the time the application is determined complete or subsequently, if additional information is required to complete review of the application or
substantial changes in the permit application are proposed.
3. A determination under this (( section )) Section 23.76.010 that an application is complete (( for purposes of continued processing )) is not a determination that the
application is vested. A vesting determination shall be made only (( when )) if needed because of a change in applicable laws and shall entail review of the application for compliance with RCW 19.27.095, RCW
58.17.033, and (( SMC )) Section 23.76.026.
F. (( Failure )) If the applicant fails to supply all required information or data within (( sixty ( ))60(( ) )) days of a written request from the
Director, the Director may (( result in )) provide the applicant a notice of intent to cancel . The Director may cancel the application if the requested information is not provided within the time required by
the notice of intent to cancel. (( When a Master Use Permit application and a building permit application for a project are being reviewed concurrently, and the applications are for a project vested to prior Land Use Code provisions,
and the project does not conform with the codes in effect while it is being reviewed, cancellation of the Master Use Permit application under the provisions of this subsection shall cause the concurrent cancellation of the building permit application.
))
Section 9. Section 23.76.012 of the Seattle Municipal Code, which section was lasted amended by Ordinance 123495, is amended as follows:
23.76.012 Notice of application
A. Notice.
1. (( Type I Notification. ))No notice of application (( shall be )) is required for Type I decisions.
2. (( Type II and III Notification. )) Within 14 days after the Director determines that an application is complete (( When a Master Use Permit application requiring a Type II or III )),
for the following types of applications, the Director shall provide notice of the application and an opportunity for public comment as described in this (( section )) Section 23.76.012:
(( . )) (( Notice of application for Type II and III decisions shall be provided within fourteen (14) days after a determination of completeness ))
a. Type II Master Use Permits;
b. Type III Master Use Permits;
c. Type IV Council land use decisions, provided that for amendments to property use and development agreements, additional notice shall be given pursuant to subsection 23.76.058.C; and
d. The following Type V Council land use decisions:
1) Major Institution designations and revocation of Major Institution designations;
2) Concept approvals for the location or expansion of City facilities requiring Council land use approval; and
3) Waivers or modification of development standards for City facilities.
(( a )) 3 . Other Agencies with Jurisdiction. (( To the extent known by the Director, )) The Director shall provide notice to other agencies of local, state , or federal
governments that may have jurisdiction over some aspect of the project (( shall be sent notice )) to the extent known by the Director .
(( b )) 4 . Early Review Determination of Nonsignificance (DNS). In addition to the requirement s (( under )) of subsection (( A2a )) A.3 of
this Section 23.76.012 (( above )), the Director shall provide a copy of the early review DNS notice of application and environmental checklist (( shall also be sent )) to the
following:
(( (1) )) a. State Department of Ecology;
(( (2) )) b. Affected (( Tribes )) tribes ;
(( (3) )) c. Each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and
(( (4) )) d. (( Anyone )) Persons who submit a written request for (( requesting a copy of )) this information and who provide an address for notice
.
B. Types of notice required.
1. For projects subject to environmental review, or design review pursuant to Section 23.41.014, the (( department )) Department shall direct the installation of (( an environmental review
)) a large notice sign on the site, unless an exemption or alternative posting as set forth in this subsection 23.76.012.B is applicable. The (( environmental review )) large notice sign shall
be located so as to be clearly visible from the adjacent street or sidewalk, and shall be removed by the applicant at the direction of the (( department )) Department after final City action on the
application (( has been )) is completed.
a. In the case of submerged land, the (( environmental review )) large notice sign shall be posted on adjacent dry land, if any, owned or controlled by the applicant. If there is no adjacent dry land owned or
controlled by the applicant, notice shall be provided according to subsection 23.76.012.B.1.c.
b. Projects limited to interior remodeling, or (( which )) that are subject to environmental review only because of location over water or location in an environmentally critical area, are exempt from the
(( environmental review )) large notice sign requirement.
c. (( When )) If use of (( an environmental review )) a large notice sign is neither feasible nor practicable to assure that notice is clearly visible to the public, the Director
shall post ten placards within 300 feet of the site . (( and at the closest street intersections when one or more of the following conditions exist:
(1) The project site is over five acres;
(2) The applicant is not the property owner, and the property owner does not consent to the proposal;
(3) The site is subject to physical characteristics such as steep slopes or is located such that the environmental review sign would not be highly visible to neighboring residents and property owners or interested citizens.
))
d. The Director may require both (( an environmental review )) a large notice sign and the alternative posting measures described in subsection 23.76.012.B.1.c, or may require that more than one ((
environmental review )) large notice sign be posted, (( when )) if necessary to assure that notice is clearly visible to the public.
2. For projects that are categorically exempt from environmental review, the (( department )) Director shall post one land use sign visible to the public at each street frontage abutting the site except((
, when )) that if there is no street frontage or the site abuts an unimproved street, the Director (( may )) shall post more than one sign and/or use an alternative posting location so
that notice is clearly visible to the public. The land use sign (( may )) shall be removed by the applicant (( within 14 days )) after final action on the application (( has
been )) is completed.
3. For all projects requiring notice of application, the Director shall provide notice in the Land Use Information Bulletin. For projects subject to (( the )) environmental review or to design review pursuant to Section
23.41.014 , notice in the Land Use Information Bulletin shall be published after installation of the (( environmental review )) large notice sign required in subsection 23.76.012.B.1 .
4. (( In addition, )) The Director shall provide mailed notice of:
a. applications for variances, administrative conditional uses, temporary uses for more than (( 4 )) four weeks, shoreline variances, shoreline conditional uses, short plats, early design guidance process
for administrative design review and streamlined administrative design review , subdivisions, Type IV Council land use decisions, amendments to property use and development agreements, Major Institution designations and revocation of Major
Institution designations, concept approvals for the location or expansion of City facilities requiring Council land use approval, and waivers or modification of development standards for City facilities (( School Use Advisory Committee
(SUAC) formation and school development standard departure, the Director shall provide mailed notice )) ; and
b. the first early design guidance meeting for a project subject to design review pursuant to 23.76.014 .
5. (( Mailed notice of application for )) For a project subject to design review , except streamlined design review pursuant to Section 23.41.018 for which no development standard departure pursuant to Section
23.41.012 is requested, notice of application shall be provided to all persons (( establishing themselves as parties of record by attending )) who provided an address for notice and either attended an early
design guidance public meeting for the project or (( by corresponding with )) wrote to the Department about the proposed project before the date (( of publication )) that the notice of
application is distributed in the Land Use Information Bulletin .
(( 6. Additional notice for subdivisions shall include mailed notice and publication in at least one community newspaper in the area affected by the subdivision. ))
C. Contents of Notice.
1. The City's official notice of application (( shall be )) is the notice placed in the Land Use Information Bulletin, which shall include the following required elements as specified in RCW 36.70B.110((
; )) :
a. Date of application, date of notice of completion for the application, and the date of the notice of application;
b. A description of the proposed project action and a list of the project permits included in the application , including (( and, )) if applicable(( , )) :
1) a list of any studies requested by the Director;
2) a statement that the project relies on the adoption of a Type V Council land use decision to amend the text of Title 23;
c. The identification of other permits not included in the application to the extent known by the Director;
d. The identification of existing environmental documents that evaluate the proposed project, and the location where the application and any studies can be reviewed;
e. A statement of the public comment period and the right of any person to comment on the application, request an extension of the comment period, receive notice of and participate in any hearings, and request a copy of the decision once made, and a
statement of any administrative appeal rights;
f. The date, time, place and type of hearing, if applicable and if scheduled at the date of notice of the application;
g. A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and the proposed project's consistency with development regulations;
h. A statement that an advisory committee is to be formed as provided in Section 23.69.032, for notices of intent to file a Major Institution master plan application;
(( h )) i . Any other information determined appropriate by the Director; and
(( i )) j . The following additional information (( when )) if the early review DNS process is used(( ; )) :
(( ( ))1) A statement that the early review DNS process is being used and the Director expects to issue a DNS for the proposal(( , )) ;
(( ( ))2) A statement that this is the only opportunity to comment on the environment impacts of the proposal(( , )) ;
(( ( ))3) A statement that the proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is
prepared(( , )) ; and
(( ( ))4) A statement that a copy of the subsequent threshold determination for the proposal may be obtained upon written request.
2. All other (( additional )) forms of notice, including(( , )) but not limited to (( environmental review )) large notice and land use signs, placards ,
and mailed notice, shall include the following information: the project description, location of the project, date of application, location where the complete application file may be reviewed, and a statement that persons who desire to submit comments
on the application or who request notification of the decision may so inform the Director in writing within the comment period specified in subsection D of this (( section )) Section 23.76.012 . The Director may, but
need not, include other information to the extent known at the time of notice of application. Except for the (( environmental review )) large notice sign (( requirement )), each notice
shall also include a list of the land use decisions sought. The Director shall specify detailed requirements for (( environmental review )) large notice and land use signs.
D. Comment Period. The Director shall provide a (( fourteen ( ))14(( ) )) day public comment period prior to making a threshold determination of nonsignificance (DNS) or (( issuing
)) publishing a decision on the project; provided(( , )) that the comment period shall be extended by (( fourteen ( ))14(( ) )) days if a written
request for extension is submitted within the initial (( fourteen ( ))14(( ) )) day comment period; provided further that the comment period shall be (( thirty (
))30(( ) )) days for applications requiring shoreline decisions except(( , )) that for limited utility extensions and bulkheads subject to Section 23.60.065 (( of Title
23 )), the comment period shall be (( twenty ( ))20(( ) )) days as specified in that section. The comment period shall begin on the date notice is published in the Land Use
Information Bulletin. Comments shall be filed with the Director by (( five ( ))5(( :00) )) p.m. of the last day of the comment period. (( When )) If the last day
of the comment period is a Saturday, Sunday , or federal or City holiday, the comment period shall run until (( five ( ))5(( :00) )) p.m. the next (( business ))
day that is not a Saturday, Sunday, or federal or City holiday . Any comments received after the end of the official comment period may be considered if material to review yet to be conducted.
E. (( When )) If a Master Use Permit application includes more than one (( (1) )) decision component, notice requirements shall be consolidated and the broadest applicable notice
requirements imposed.
Section 10. Section 23.76.014 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended as follows:
23.76.014 Notice of scoping and draft EIS(( . ))
(( When )) If a Determination of Significance (DS) is issued on (( a )) an application for a Master Use Permit or Council land use decision (( application
)), the following notice and comment procedures (( shall )) apply:
A. Scoping.
1. The Director shall determine the range of proposed actions, alternatives , and impacts to be discussed in an EIS, as provided by (( SMC )) Section 25.05.408, Scoping, and/or Section 25.05.410, Expanded scoping. A
comment period at least (( twenty-one ( ))21(( ) )) days from the date of DS issuance shall be provided.
2. Notice of scoping and of the period during which the Director will accept written comments shall be provided by the Director in the following manner:
a. Inclusion in the Land Use Information Bulletin;
b. Publication in the City official newspaper;
c. (( Submission of the Land Use Information Bulletin to at least one (((1))) community newspaper in the area affected by the proposal;
d. Mailed notice )) Notice provided to those (( organizations and individuals )) persons who have submitted a written request for it and provided an address for notice ;
(( e. Posting in the Department; )) and
(( f )) d . Filing with the SEPA Public Information Center.
3. The Director shall also circulate copies of the DS as required by (( SMC )) Section 25.05.360 .
B. Draft EISs.
1. Notice of the availability of a draft EIS, (( of )) the (( thirty ( ))30(( ) )) day period during which the Department will accept comments, (( of
)) the public hearing on the draft EIS , and any other Department public hearing as provided in (( SMC )) Section 23.76.016 shall be provided by the Director in the following manner:
a. Inclusion in the Land Use Information Bulletin;
b. Publication in the City official newspaper;
(( c. Submission of the Land Use Information Bulletin to at least one community newspaper in the area affected by the proposal; ))
(( d )) c . Mailed notice(( , )) ; (( including notice ))
d. Notice provided to those (( organizations and individuals )) persons who provided an address for notice and either (( who have )) submitted a written request for it or who
submitted written comments during the comment period on the scope of the EIS ; and
(( e. Posting notice in the Department; and ))
(( f )) e . Filing with the SEPA Public Information Center.
2. Notice of the public hearing shall be given by the Director at least (( twenty-one ( ))21(( ) )) days prior to the hearing date.
3. The Director shall also distribute copies of the draft EIS as required by (( SMC )) Section 25.05.455 .
Section 11. Section 23.76.015, which section was last amended by Ordinance 120157, is amended as follows:
23.76.015 Public meetings(( . )) for Type II and Type III Master Use Permits
A. (( Type II and III Decisions. )) The Director may hold a public meeting on Master Use Permit applications requiring Type II or III decisions (( when )) if :
1. The meeting is otherwise provided for in this (( title )) Title 23, including meetings for projects subject to design review ;
2. The proposed development is of broad public significance;
3.Fifty (( (50) )) or more persons file a written request for a meeting not later than the (( fourteenth )) 14th day after notice of the application is provided; or
4. The proposed development will require a shoreline conditional use or a shoreline variance.
B. The Director may combine a public meeting on a project application with any other public meetings that may be held on the project by another local, state, regional, federal or other agency , and shall do so if requested by the applicant,
provided that :
1. (( the )) The meeting is held within (( The City )) the city of Seattle(( . )) ; and
2. (( If requested by an applicant, a joint meeting shall be held, provided that
the )) The joint meeting can be held within the time periods specified in (( SMC )) Section 23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the
meeting s .
C. The Director shall provide notice of all public meetings by:
1. Inclusion in the Land Use Information Bulletin;
2. Posting of at least four placards within 300 feet of the site; and
3. Provision of notice to all persons who provided an address for notice and either attended an early design guidance public meeting for the project or wrote to the Department about the proposed project before the date that notice of the meeting is
distributed in the Land Use Information Bulletin.
Section 12. Section 23.76.016, which section was last amended by Ordinance 120157, is amended as follows:
23.76.016 Public hearings for draft EISs (( . ))
A. Draft Environmental Impact Statements ( EISs). As required by (( Chapter )) Section 25.05 .535 , (( SEPA Policies and Procedures, )) the Director shall hold a
public hearing (( shall be held by the Director )) on all draft EISs for Master Use Permit applications for which the Department is the Lead Agency. (( The hearing shall occur no earlier than twenty-one
(21) days from the date the draft EIS is issued nor later than fifty (50) days from its issuance. )) The Director may hold the hearing near the site of the proposed project.
B. The Director may combine (( a )) the public hearing on (( a project application )) the draft EIS with any other public hearings that may be held on the project by another local,
state, regional, federal , or other agency, and shall do so if requested by the applicant, provided that :
1. (( the )) The joint hearing is held within (( The City )) the city of Seattle(( . )) ; and
2. (( If requested by an applicant, a joint hearing shall be held, provided that the )) The joint hearing can be held within the time periods specified in (( SMC )) Section
23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the hearing s .
Section 13. Section 23.76.018 of the Seattle Municipal Code, which section was last amended by Ordinance 122522, are amended as follows:
23.76.018 Notice of final EIS s (( . ))
A. Notice of the availability of any final EIS on a proposed project shall be provided by the Director in the following manner:
1. (( General Mailed Release )) Inclusion in the Land Use Information Bulletin ;
2. Publication in the City official newspaper;
3. (( Submission of the General Mailed Release to at least one (1) community newspaper in the area affected by the proposal;
4. ((Mailed notice )) Notice provided to those (( organizations and individuals who have made a written request for it, and )) persons who provided an address for notice and
either received the draft EIS, (( or )) submitted written comments (( commented )) on the draft EIS , or made a written request for notice ; and
(( 5. Posting in the Department; and ))
(( 6 )) 4 . Filing with the SEPA Public Information Center.
B. The Director shall also distribute copies of the final EIS as required by (( SMC )) Section 25.05.460.
Section 14. Section 23.76.019 of the Seattle Municipal Code, which section was last amended by Ordinance 118012 and currently reads as follows, is repealed:
(( 23.76.019 Time required for preparation of an EIS.
The time required to prepare an environmental impact statement associated with a Master Use Permit application shall be agreed to by the Director and applicant in writing. Unless otherwise agreed to by the applicant, a final environmental
impact statement shall be issued by the Director within one (1) year following the issuance of a Determination of Significance for the proposal, unless the EIS consultant advises that a longer time period is necessary. In that case, the additional time
shall be that recommended by the consultant, not to exceed an additional year. ))
Section 15. Section 23.76.020 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended as follows:
23.76.020 Director's decisions on Type I and Type II Master Use Permits (( . ))
A. Master Use Permit Review Criteria. The Director shall grant, deny, or conditionally grant approval of a Type II decision based on the applicant's compliance with the applicable (( City's ))SEPA ((
Policies )) policies pursuant to (( SMC )) Section 25.05.660, and with the applicable substantive requirements of the Seattle Municipal Code (( which are in effect at the time the Director
issues a decision )) pursuant to 23.76.026 . If an EIS is required, the application shall be subject to only those SEPA (( Policies )) policies in effect when the (( Draft
)) draft EIS is issued. The Director may also impose conditions in order to mitigate adverse environmental impacts associated with the construction process.
B. Timing of Decisions Subject to Environmental Review.
1. If an EIS (( has been )) is required, the Director's decision shall not be issued until at least seven (( (7) )) days after publication of the final EIS, as provided by Chapter
25.05(( , SEPA Policies and Procedures )).
2. If no EIS is required, the Director's decision shall include issuance of a Determination of Nonsignificance ( DNS ) for the project if not previously issued pursuant to (( Section )) subsection
25.05.310 . C . 2.
C. Notice of Decisions.
1. Type I. No notice of decision is required for Type I decisions.
2. Type II. The Director shall provide notice of all Type II decisions (( as follows )) by :
a. Inclusion in the Land Use Information Bulletin;
b. Publication in (( A list of all Type II decisions shall be compiled and published in )) the City official newspaper ; (( within seven (7) days of the date the decision is made. This list and
the date of its publication shall also be posted in a conspicuous place in the Department and shall be included in the Land Use Information Bulletin. ))
c. Notice (( shall also be mailed )) provided to the applicant and to persons who provided an address for notice and either submitted written comments on the application, or ((
interested persons who have requested specific notice in a timely manner )) made a written request for notice (( or who have submitted substantive comments on the proposal, )) ; and
(( shall be submitted in a timely manner to at least one (1) community newspaper in the area affected by the proposal.
b )) d . Filing of DNSs (( shall also be filed ))with the SEPA Public Information Center and distribution of DNSs as required by Section 25.05.340 (( .
)) ; and
(( c. If the Director's decision includes a mitigated DNS or other DNS requiring a fourteen (14) day comment period pursuant to SMC Chapter 25.05, Environmental Policies and Procedures, the notice of decision shall include notice of the
comment period. The Director shall distribute copies of the DNS as required by SMC Section 25.05.340. ))
(( d )) e . Filing of (( Any )) any shoreline decision in a Master Use Permit (( shall be filed )) with the Department of Ecology according to
the requirements (( contained )) in WAC 173-27-130. (( A shoreline decision on limited utility extensions and bulkheads subject to Section 23.60.065 shall be issued within twenty-one (21) days of the last day of
the comment period as specified in that section. ))
D. Contents of notice.
(( e )) 1 . The notice of the Director's decision shall state the nature of the applicant's proposal, a description sufficient to locate the property, and the decision of the Director. The notice shall also state that
the decision is subject to appeal and shall describe the appropriate appeal procedure.
2. If the Director's decision includes a mitigated DNS or other DNS requiring a 14 day comment period pursuant to Chapter 25.05, Environmental Policies and Procedures, the notice of decision shall include notice of the comment period.
Section 16. Section 23.76.022 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended as follows:
23.76.022 Administrative reviews and appeals for Type I and Type II Master Use Permits (( . ))
A. Appealable Decisions.
1. Type I decisions (( as )) listed in (( SMC Section )) subsection 23.76.006(( )) . B are (( not subject to appeal. ))
subject to administrative review through a land use interpretation pursuant to Section 23.88.020 if the decision is one that is subject to interpretation.
2. All Type II decisions (( as )) listed in (( SMC Section )) subsection 23.76.006 . C (( shall be )) are subject to an administrative open record
appeal as described in this (( section )) Section 23.76.022 .
B. Shoreline Appeal Procedures. (( Appeal )) An appeal of the Director's decision to issue, condition, or deny a shoreline substantial development permit, shoreline variance, or shoreline conditional use as a part of
a Master Use Permit (( must )) shall be filed by the appellant with the Shorelines Hearings Board in accordance with the provisions of the Shoreline Management Act of 1971, RCW Chapter 90.58, and the rules established
under its authority, WAC 173-27. (( Appeal )) An appeal of related environmental actions, including a Determination of Nonsignificance ( DNS(( ' )) ) , determination that an
EIS is adequate, and the decision to grant, condition or deny the shoreline proposal based on the City's SEPA Policies pursuant to (( SMC )) Section 25.05.660, shall be consolidated in the appeal to the Shorelines Hearing
s Board. (( Appeal )) An appeal of a decision for limited utility extensions and bulkheads subject to Section 23.60.065 (( of Title 23 )) shall be finally determined within
(( thirty ( ))30(( ) )) days as specified in that section.
C. Hearing Examiner Appeal Procedures.
1. Consolidated Appeals. All appeals of Type II Master Use Permit decisions other than shoreline decisions shall be considered together in a consolidated hearing before the Hearing Examiner.
2. Standing. Appeals may be initiated by any person significantly affected by or interested in the permit.
3. Filing of Appeals.
a. Appeals shall be filed with the Hearing Examiner by (( five ( ))5(( :00) )) p.m. of the fourteenth calendar day following publication of notice of the decision(( ; provided,
)) except that (( when )) if a (( fourteen ( ))14(( ) )) day DNS comment period is required pursuant to (( SMC
)) Chapter 25.05, appeals (( may )) shall be filed (( until five ( )) by 5(( :00) )) p.m. of the (( twentyfirst
)) 21st calendar day following publication of notice of the decision. (( When )) If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period
shall run until (( five ( ))5(( :00) )) p.m. on the next (( business )) day that is not a Saturday, Sunday, or federal or City holiday . The appeal shall be in
writing and (( shall )) clearly identify each component of (( a )) the Type II Master Use Permit being appealed. The appeal shall be accompanied by payment of the filing fee as set forth in
(( SMC )) Section 3.02.125, Hearing Examiner filing fees. Specific objections to the Director's decision and the relief sought shall be stated in the written appeal.
b. In form and content, the appeal shall conform with the rules of the Hearing Examiner.
c. The Hearing Examiner shall not accept any request for an interpretation included in the appeal unless it complies with the requirements of (( Section )) subsection 23.88.020(( )) .
C . 3 . c.
4. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may have a conference prior to the hearing in order to entertain pre-hearing motions, clarify issues, or consider other
relevant matters.
5. Notice of Hearing. Notice of the hearing on the appeal shall be (( mailed )) provided by the Director at least (( twenty ( ))20(( ) )) days prior to the
scheduled hearing date to parties of record and those (( requesting )) who request notice writing and provide an address for notice . Notice shall also be included in the (( next
)) Land Use Information Bulletin.
6. Scope of Review. Appeals shall be considered de novo(( , )) . The Hearing Examiner shall entertain issues cited in the appeal (( which )) that relate to compliance with the
procedures for Type II decisions as required in this (( chapter )) Chapter 23.76 , compliance with substantive criteria, determinations of nonsignificance (DNSs), adequacy of an EIS upon which the decision was made, or
failure to properly approve, condition , or deny a permit based on disclosed adverse environmental impacts , and any requests for an interpretation included in the appeal or consolidated appeal pursuant to Section
23.88.020(( )) . C . 3.
7. Standard of Review. The Director's decisions made on a Type II Master Use Permit shall be given substantial weight, except for determinations on variances, conditional uses, and special exceptions, which shall be given no deference.
8. The Record. The record shall be established at the hearing before the Hearing Examiner. The Hearing Examiner shall either close the record after the hearing or leave it open to a specified date for additional testimony, written argument , or
exhibits.
9. Postponement or Continuance of Hearing. The Hearing Examiner shall not grant requests for postponement or continuance of an appeal hearing to allow an applicant to proceed with an alternative development proposal under separate application, unless
all parties to the appeal agree in writing to such postponement or continuance.
10. Hearing Examiner's Decision. The Hearing Examiner shall issue a written decision , including written findings and conclusions supporting the decision, within (( fifteen ( ))15(( ) ))
days after closing the record. The Hearing Examiner may affirm, reverse, remand , or modify the Director's decision. (( Written findings and conclusions supporting the Hearing Examiner's decision shall be made. )) The
Director and all parties of record shall be bound by the terms and conditions of the Hearing Examiner's decision.
11. Notice of Hearing Examiner Decision. The Hearing Examiner's decision shall be (( mailed )) provided by the Hearing Examiner on the day the decision is issued to the parties of record and to all those
(( requesting )) who request notice in writing and provide an address for notice . If environmental issues were raised in the appeal, the decision shall also be filed with the SEPA Public Information Center.
The decision shall contain information regarding judicial review. To the extent such information is available to the Hearing (( Examiner's )) Examiner, the decision shall contain the name and address of the owner of
the property at issue, of the applicant, and of each person who filed an appeal with the Hearing Examiner, unless such person abandoned the appeal or such person's claims were dismissed before the hearing.
12. Appeal of Hearing Examiner's Decision. The Hearing Examiner's decision shall be final and conclusive unless the Hearing Examiner retains jurisdiction or the decision is reversed or remanded on judicial appeal. Any judicial review must be commenced
within (( twenty-one ( ))21(( ) )) days of issuance of the Hearing Examiner's decision, as provided by RCW 36.70C.040, or if the appeal concerns a decision on personal wireless service, the appeal
shall be filed within (( thirty ( ))30(( ) )) days of the Hearing Examiner's or Council's final decision.
Section 17. Section 23.76.024 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended as follows:
23.76.024 Hearing Examiner open record hearing and decision for subdivisions
A. Consolidation with Environmental Appeal. The Hearing Examiner shall conduct a public hearing, which shall constitute a hearing by the Council on the application for preliminary approval of the subdivision. At the same hearing the Hearing Examiner
shall also hear any appeals of the Director's procedural environmental determination (determination of nonsignificance or determination of adequacy of a final environmental impact statement) and other Type II decisions.
B. The Hearing Examiner may combine a public hearing on a (( project )) subdivision application with any other public hearings that may be held on the project by another local, state, regional, federal , or
other agency , and shall do so if requested by the applicant, provided that :
1. (( the )) The joint hearing is held within (( The City )) the city of Seattle(( . )) ; and
2. (( If requested by an applicant, a joint hearing shall be held, provided that the )) The joint hearing can be held within the time periods specified in (( SMC )) Section
23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the hearing s .
C. Notice. The Director shall give notice of the Hearing Examiner's hearing, the Director's environmental determination, and (( of )) the availability of the Director's report at least (( thirty (
))30(( ) )) days prior to the hearing by:
1. Inclusion in the Land Use Information Bulletin;
2. (( Publication in the City official newspaper and in at least one (1) community newspaper in the area affected by the proposal;
3. ))Mailed notice ; and
3. (( and written notice mailed )) Notice provided to:
a. The applicant and each of the recipients of the preliminary plat listed in Section 23.22.024(( , and )) ;
b. All persons who provided an address for notice and who either submitted written comments on the application to the Director or made a written request for notice; and
(( b )) c . All owners of real property located within (( three hundred ( ))300(( ) )) feet of :
1) any portion of the boundaries of the property to be subdivided; or
2) (( another parcel or other )) any parcels of real property (( lying )) adjacent to the property to be subdivided(( , if )) that are owned by
the owner of the property to be subdivided (( owns such adjacent parcel or parcels; )) .
(( 4. Posting in the Department. ))
D. Request for Further Consideration (( and )) or Appeal. Any person significantly interested in or affected by the proposed subdivision may request further consideration of the Director's recommendation and may
appeal the Director's procedural environmental determination and other Type II decisions. Such request for further consideration or appeal:
1. Shall be in writing, (( shall )) clearly state specific objections to the recommendation or environmental determination or other Type II decisions, and (( shall )) state the relief
sought;
2. Shall be submitted to the Hearing Examiner by 5 p.m. of the fourteenth calendar day following publication of notice of the Director's report, provided that (( when )) if a 14-day DNS comment period is required
pursuant to Chapter 25.05, appeals may be filed until 5 p.m. of the twenty-first calendar day following publication of notice of the (( decision )) Director's report . If the last day of the appeal period so computed
is a Saturday, Sunday , or federal or City holiday, the period runs until 5 p.m. the next (( business )) day that is not a Saturday, Sunday, or federal or City holiday . The request or appeal shall be
accompanied by payment of any filing fee set forth in Section 3.02.125, Hearing Examiner filing fees, and in form and content shall conform with the rules of the Hearing Examiner.
E. Notice of Appeals and Requests for Further Consideration. The Hearing Examiner (( promptly )) shall promptly (( mail )) provide notice of the filing of all requests for further
consideration and appeals to all parties of record and to those who have (( requesting )) requested notice in writing and have provided an address for notice .
F. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may conduct a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other
relevant matters.
G. Written Comments. Written comments on the proposed subdivision and the Director's report and recommendation may be sent to the Hearing Examiner. Only those comments received prior to the conclusion of the hearing shall be considered by the
Hearing Examiner.
H. Hearing.
1. The Hearing Examiner shall limit the evidence, comments, and argument at the combined hearing to those issues that are fairly raised in any written request for further consideration or appeal, as clarified at any pre-hearing conference, and that are
relevant to:
a. The compliance of the proposed subdivision with the procedures and standards of this (( chapter )) Chapter 23.76 and (( SMC )) Chapter 23.22;
b. The appropriateness of any mitigation or denial pursuant to the City's SEPA policies; and
c. The correctness of the Director's procedural environmental determination and other Type II decisions. Appeals of the Director's decisions shall be considered do novo, but the Director's determination shall be given substantial weight.
2. The Hearing Examiner shall establish the record at the hearing. The Hearing Examiner may either close the record after the hearing or leave it open to a specified date to receive additional testimony, exhibits, or written argument.
I. Decision. From the information gained at the hearing, from timely written comments submitted to the Department or the Hearing Examiner, and from the report and recommendation of the Director, all of which shall be made part of the record, the Hearing
Examiner shall issue a decision to approve, approve with conditions, remand, or deny the proposed subdivision. On any appeal, the Hearing Examiner may affirm, reverse, remand , or modify the Director's decision. (( These decisions
)) The Hearing Examiner's decision shall be in writing, include findings and conclusions, and be (( issued )) filed by the Hearing Examiner with the City Clerk within ten (( (10)
)) working days of the close of the record, unless a longer period is agreed to among the parties.
J. Effect of the Hearing Examiner Decision. The Hearing Examiner's decision shall be final and conclusive unless the Hearing Examiner retains jurisdiction or the decision is reversed or remanded on appeal or appealed to the Shorelines Hearings Board.
Any judicial review of decisions not appealable to the Shorelines Hearings Board (( must )) shall be commenced within (( twenty-one ( ))21(( ) )) days of
issuance of the decision, as provided by RCW 36.70C.040. Pursuant to RCW 58.17.330, the Hearing Examiner's decision on an application for a subdivision shall have the effect of a final decision of the City Council.
K. Distribution of Decision. On the same date that the Hearing Examiner files (( its )) the decision with the City Clerk, copies of the decision shall be provided by the Hearing Examiner to the applicant,
(( to )) the Director, (( to )) the Director of Transportation, (( to )) all persons testifying or submitting information at the hearing, (( to
)) all persons who submitted (( substantive )) written comments on the application to either the Director or the Hearing Examiner, and (( to )) all those who have made a
written request for a copy and provided an address for notice .
Section 18. Subsection A of Section 23.76.026 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, is amended as follows:
23.76.026 Vesting
A. Master Use Permit (( Components )) 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. (( Notice )) That notice of the Director's decision on the application is published, if the decision (( can be appealed )) is appealable to the Hearing Examiner(( ,
)) ;
2. (( The )) Of the Director's decision , if (( no )) the decision is not appealable to the Hearing Examiner (( appeal is available ));
or
(( 2 )) 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,
(( is filed )) if it is filed prior to the date established in subsections 23.76.026.A.1 or A.2 .
* * *
Section 19. Section 23.76.028 of the Seattle Municipal Code, which section was last amended by Ordinance 121112, is amended as follows:
23.76.028 Type I and II Master Use Permit issuance(( . ))
A. The Director shall notify the applicant when (( When )) a Type I or II Master Use Permit is approved for issuance(( , the applicant shall be so notified )).
(( 1 )) B . Type I Master Use Permits. A Type I Master Use Permit (( Permits shall be )) is approved for issuance at the time of the Director's decision that the
application conforms to all applicable laws , (( (Section 23.76.020) )) except that for a project that requires both a Master Use Permit and a Council land use decision, the Master Use Permit is approved for
issuance only after the Council land use decision is made.
(( 2 )) C . Type II Master Use Permits.
1. Except as provided in subsections 23.76.028.C.2 and C.3 (( for Type II permits containing a shoreline component as defined in SMC Section 23.76.006C2 g )), a Type II Master Use Permit
(( may be )) is approved for issuance on the day following expiration of the applicable City of Seattle administrative appeal period or, if appealed, on the fourth day following a final City of Seattle administrative
appeal decision to grant or conditionally grant the permit.
2. A Type II Master Use (( Permits )) Permit containing a shoreline component as defined in subsection 23.76.006.C.2.g (( may be issued )) is approved for issuance
pursuant to (( SMC )) Section 23.60.072 , except that a shoreline decision on limited utility extensions and bulkheads subject to Section 23.60.065 is approved for issuance within 21 days of the last day of the comment
period as specified in that section .
3. For a Type II Master Use Permit that requires a Council land use decision, the Master Use Permit is approved for issuance only after the Council land use decision is made.
D. Master Use Permits shall not be issued to the applicant until all outstanding fees are paid.
(( B. When a Master Use Permit is approved for issuance according to subsection A, and a condition of approval requires revisions of the Master Use Permit plans, the revised documents shall be submitted within sixty (60) days of the date
the permit is approved for issuance. The Director may extend the period for submittal of the revised documents if it is determined that there are good reasons for the delay which are satisfactory to the Director, or if a different schedule is agreed
upon.
C. Once a Master Use Permit is approved for issuance according to subsection A, and any required revisions have been submitted and approved according to subsection B, the applicant shall pay any required fees and pick up the Master Use
Permit within sixty (60) days of notice that the permit is ready to be issued. Failure to pick up the permit within sixty (60) days may result in a written notice of intent to cancel. If the Master Use Permit is not picked up within thirty (30) days
from the date of written notice of intent to cancel, the approval shall be revoked and the Master Use Permit application shall be canceled. When a Master Use Permit is for a project vested to prior Land Use Code provisions because of an associated
building permit application, and the project does not conform with the codes in effect at the time it is ready to issue, then no notice that the Master Use Permit is ready to issue shall be given until the building permit associated with the project is
also ready to issue.
D. In no case may a Master Use Permit be issued beyond eighteen (18) months from the date the project is approved for issuance. ))
Section 20. Section 23.76.032 of the Seattle Municipal Code, which section was last amended by Ordinance 123566, is amended as follows:
23.76.032 Expiration and renewal of Type I and II Master Use Permits
A. Type I and Type II Master Use Permit Expiration.
1. An issued Type I or II Master Use Permit expires three years from the date a permit is approved for issuance as described in Section 23.76.028, except as follows:
a. A Master Use Permit with a shoreline component expires pursuant to WAC 173-27-090.
b. A variance component of a Master Use Permit expires as follows:
1) Variances for access, yards, setback, open space, or lot area minimums granted as part of a short plat or lot boundary adjustment run with the land in perpetuity as recorded with the (( Director of the King County Department of Records
and Elections )) King County Recorder .
2) Variances granted as separate Master Use Permits pursuant to subsection 23.76.004.G expire three years from the date the permit is approved for issuance as described in Section 23.76.028 or on the effective date of any text amendment making more
stringent the development standard from which the variance was granted, whichever is sooner. If a Master Use Permit to establish the use is (( granted )) issued prior to the earlier of the dates specified in the preceding
sentence (( within this period )), the (( variance's expiration date shall be extended until the expiration date established for the use approval )) variance expires on the expiration date
of the Master Use Permit .
c. The time during which pending litigation (( is pending )) related to the Master Use Permit or the property subject to the permit made it reasonable not to submit an application for a building permit, or to
establish a use if a building permit is not required, is not included in determining the expiration date of the Master Use Permit.
d. Master Use Permits with a Major Phased Development or Planned Community Development component under Section s 23.47A.007, 23.49.036, or 23.50.015 expire as follows:
1) For the first phase, the expiration date shall be three years from the date the permit is approved for issuance;
2) For subsequent phases, the expiration date shall be (( determined at the time of permit issuance )) determined at the time of permit issuance for each phase, and the date shall be stated in the permit
.
e. Permits for uses allowed under Section 23.42.038, and temporary, interim, or intermittent use permits issued pursuant to Section 23.42.040 , expire on the date stated in the permit.
f. Except as otherwise provided in this subsection 23.76.032.A.1.f, Master Use Permits for development pursuant to Sections 23.49.180 and 23.49.181 expire on the date set by the Director in the Master Use Permit decision, which date may be a maximum of
15 years from the date the Master Use Permit is (( ready to issue )) approved for issuance . The Director shall consider the complexity of the project, economic conditions of the area in which the project is located,
and the construction schedule proposed by the applicant in setting the expiration date. If no expiration date is set in the Master Use Permit decision, the expiration date is three years from the date a permit is approved for issuance.
1) In order for the Director to set the Master Use Permit expiration date, the applicant shall:
a) Submit with the application a site plan showing a level of detail sufficient to assess anticipated impacts of the completed project; and(( , ))
b) Submit a proposed schedule for complying with the conditions necessary to gain the amount of extra floor area and the extra height sought for the project.
2) The expiration date of the Master Use Permit may be extended past the expiration date set in the Master Use Permit decision or the date established in this subsection 23.76.032.A.1.f if:
a) On the expiration date stated in the Master Use Permit decision, a building permit for the entire development has been issued (( and has not expired )), in which case the Master Use Permit is extended for the life of
(( shall expire when )) the building permit if the Master Use Permit would otherwise expire earlier (( expires )), or
b) A complete application for a building permit that either is for the entire development proposed pursuant to (( section )) Section 23.49.180 , or is for construction to complete the entire development
proposed pursuant to (( section )) Section 23.49.180 is:
i) submitted (( at least 60 days )) before the expiration date of the Master Use Permit; and
ii) made sufficiently complete to constitute a fully complete building permit application as defined in the Seattle Building Code, or for a highrise structure regulated under Section 403 of the Seattle Building Code, made to include the complete
structural frame of the building and schematic plans for the exterior shell of the building, in either case before the expiration date of the Master Use Permit, in which case the Master Use Permit is extended for the life of ((
shall expire when )) the building permit issued pursuant to the application if the Master Use Permit would otherwise expire earlier (( expires or when the application for a building permit is canceled or withdrawn
)).
g. For a Master Use Permit that is either issued or approved for issuance after June 1, 2006 and that is not subject to subsection 23.76.032.A.1.a, 23.76.032.A.1.c, or 23.76.032.A.1.e, the applicant or permit holder may elect in writing to have the
Master Use Permit expire pursuant to this subsection 23.76.032.A.1.g. A Master Use Permit subject to this subsection 23.76.032.A.1.g expires six years from the date a permit is or was approved for issuance as described in Section 23.76.028, except as
follows:
1) A variance component of a Master Use Permit expires as follows:
a) Variances for access, yards, setback, open space, or lot area minimums granted as part of a short plat or a lot boundary adjustment run with the land in perpetuity as recorded with the (( Director of the King County Department of Records
and Elections )) King County Recorder .
b) Variances granted as separate Master Use Permits pursuant to (( Section )) subsection 23.76.004.G expire six years from the date the permit is approved for issuance as described in Section 23.76.028 or on the
effective date of any text amendment making more stringent the development standard from which the variance was granted, whichever is sooner. If a Master Use Permit to establish the use is (( granted )) issued prior
to the earlier of the dates specified in the preceding sentence (( within this period )), the variance expires on the expiration date of the use approval.
2) Master Use Permits with a Major Phased Development or Planned Community Development component under Section s 23.47A.007, 23.49.036, or 23.50.015 (( or 23.49.036 )) expire as follows:
a) For the first phase, the expiration date shall be six years from the date the permit is approved for issuance;
b) For subsequent phases, the expiration date shall be determined (( at the time of permit issuance )) at the time of permit issuance for each phase and stated in the permit .
2. On the expiration date determined as provided in subsection 23.76.032.A.1, a Master Use Permit expires unless one of the conditions in this subsection 23.76.032.A.2 exists:
a. A building permit is issued before the expiration date, in which case the (( MUP )) Master Use Permit shall be extended for the life of the building permit(( , or )) .
b. (( An )) A valid and fully complete application for a building permit is(( :
1) )) submitted (( at least 60 days before the expiration date; and
2) )) prior to the Master Use Permit expiration date and (( :
i) made sufficiently complete to constitute a fully complete building permit application as defined in the Seattle Building Code, or
ii) if the application is for construction of a part of a building or structure pursuant to Exception 1 of Seattle Building Code Section 106.6.3, the application includes plans for the complete structural frame of the building and
schematic plans for the exterior shell of the building; and ))
(( 3) )) a building permit is subsequently issued. In such cases, the Master Use Permit shall be extended for the life of the building permit.
c. For projects that do not require a building permit, the use has been established prior to the expiration date (( of the Master Use Permit )) and is not terminated prior to that date by abandonment , change of
use, or otherwise. In such cases the Master Use Permit expires when the use permitted by the Master Use Permit is terminated by abandonment, change of use, or otherwise (( does not expire )).
d. The Master Use Permit is renewed pursuant to subsection 23.76.032.B.
e. A Major Phased Development or Planned Community Development component is part of the Master Use Permit, in which case subsection 23.76.032.A.1.d applies.
f. The Master Use Permit (( was )) is for development subject to Section 23.49.180, in which case the provisions in subsection 23.76.032.A.1.f apply.
B. If a Master Use Permit is issued for a project, a building permit is issued for the project, and the project is constructed pursuant to the building permit, conditions of or incorporated in the Master Use Permit shall remain in effect,
notwithstanding expiration of the Master Use Permit pursuant to 23.76.032.A, until the project is demolished or until an earlier date on which (1) the condition by its terms expires or is fully satisfied, (2) the condition is removed through a
permitting decision, or (3) if the condition was imposed as to a specific use within the project, that use is terminated.
(( B )) C . Master Use Permit Renewal.
1. Except for (( major phased development )) Major Phased Development permits, the Director shall renew issued Master Use Permits for projects that are in conformance with applicable regulations, including but not
limited to land use and environmentally critical areas regulations and SEPA policies in effect at the time renewal is sought. Except as provided in subsections (( 23.76.032.B.2 )) 23.76.032.C.2 and
(( 23.76.032.B.3 )) 23.76.032.C.3 (( below )), Master Use Permit renewal is for a period of two years. A Master Use Permit shall not be renewed beyond a period of five years from the
original date the permit is approved for issuance. The Director shall not renew issued Master Use Permits for projects that are not in conformance with applicable regulations(( , including land use and environmentally critical areas
regulations, or SEPA policies )) in effect at the time renewal is sought.
2. If an application for a building permit is (( :
a. ))submitted (( at least 60 days )) before the end of the two year term of renewal(( ;
b. made sufficiently complete to meet the requirements of Section 106 of the Seattle Building Code or, if the application is for construction of a part of a building or structure pursuant to Exception 1 of Seattle Building Code Section
106.6.3, the application is made to include plans for the complete structural frame of the building and schematic plans for the exterior shell of the building; )) , and
(( c. )) is subsequently issued, the Master Use Permit shall be extended for the life of the building permit.
3. The Director may renew a Master Use Permit for the temporary relocation of police and fire stations issued pursuant to Section 23.42.040 for a period not to exceed 12 months.
Section 21. Section 23.76.034 of the Seattle Municipal Code, which section was last amended by Ordinance 117263, is amended as follows:
23.76.034 Suspension and revocation of Master Use Permits(( . ))
A. A Master Use Permit may be revoked or suspended by the Director if any of the following conditions are found:
1. The permittee has developed the site in a manner not authorized by the permit; (( or ))
2. The permittee has not complied with the conditions of the permit; (( or ))
3. The permittee has secured the permit with false or misleading information; (( or ))
4. The permit was issued in error(( . )) ; or
5. The permittee has failed to pay past-due fees .
B. (( Whenever )) If the Director determines upon inspection of the site that there are grounds for suspending or revoking a permit, the Director may order the work stopped; provided that any shoreline component of a
Master Use Permit shall not be revoked until a public hearing has been held pursuant to the procedures set forth in (( SMC )) Section 23.60.078. A written stop work order shall be served on the person(s) doing or causing the
work to be done. All work shall then be stopped until the Director finds that the violations and deficiencies have been rectified. The Director shall provide (( Written )) written notice of the stop work
order (( shall be mailed )) to all persons who have expressed a complaint leading to the stop work order and provided an address for notice .
C. The procedures for appealing a stop work order for all Master Use Permit components other than shoreline components (( shall be )) are as follows:
1. Persons who receive a stop work order issued under subsection 23.76.034. B (( above )) may appeal the order to the Hearing Examiner. Appeals shall be filed with the Hearing Examiner by (( five (
))5(( :00) )) p.m. of the (( fifteenth )) 15th calendar day following service of the stop work order. (( When )) If the last day of the
appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until (( five ( ))5(( :00) )) p.m. on the next (( business ))
day that is not a Saturday, Sunday, or federal or City holiday .
2. The Hearing Examiner shall hold a (( public )) hearing on the appeal of the Director's decision in order to review the facts and determine whether grounds for revocation or suspension exist.
3. The Hearing Examiner shall provide (( Notice )) notice of the hearing (( shall be provided )) at least (( twenty ( ))20(( )
)) days prior to the hearing (( by written notice ))to the permittee and to any persons who have expressed a complaint leading to the stop work order.
4. The Hearing Examiner's decision shall be issued within (( fifteen ( ))15(( ) )) days following the hearing.
5. The Hearing Examiner shall (( give )) provide written notice of the decision (( in writing )) to the permittee, the Director , and (( to )) persons
who have made a written request for notice (( in a timely manner )) and provided an address for notice .
Section 22. Section 23.76.036 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, is amended as follows:
23.76.036 (( )) Council decisions required(( . ))
A. Quasi-judicial Type IV Council land use decisions.
(( 1. ))The Council shall make the following quasi-judicial Type IV Council land use decisions(( , including any integrated decisions to approve, condition or deny based on SEPA Policies
)), (( and )) as well as any associated Type II decisions listed in (( Section )) subsections 23.76.006 . C . 2 .c, d, f, and g and SEPA decisions
integrated with such Type II decisions as set forth in Section 23.76.006.C.2.l :
(( a )) 1 . Amendments to the Official Land Use Map, including changes in overlay districts and shoreline environment redesignations, except (( area-wide amendments, and except adjustments pursuant to
Section 23.69.023 )) those map amendments listed in subsection C.1 of this Section 23.76.036;
(( b )) 2 . Public projects that require Council approval;
(( c )) 3 . Major Institution master plans, including major amendments as defined in Section 23.69.035 , (( and )) renewal of a master plan's development plan component pursuant to
Section 23.69.036 , and master plans prepared pursuant to subsection 23.69.023.C after an acquisition, merger, or consolidation of major institutions;
(( d )) 4 . Council conditional uses; (( and ))
(( e )) 5 . Major amendments to (( Property Use and Development Agreements )) property use and development agreements pursuant to Section 23.76.058 ; and
6. Decisions to approve, condition, or deny based on SEPA Policies that are integrated with a Type IV decision listed in subsections 23.76.036.A.1 through A.5 .
(( 2 )) B . Other quasi-judicial Council land use decisions. The Council shall also make the following quasi-judicial decisions , which are not subject to the same procedures as Type IV Council land use
decisions :
(( a )) 1 . Minor amendments to (( Property Use and Development Agreements )) property use and development agreements pursuant to Section 23.76.058 ; and
(( b )) 2 . Extensions of Type IV Council land use decisions pursuant to Section 23.76.060.
(( B )) C . Legislative Type V Council land use decisions. Council action is required for the following Type V Council land use decisions , as well as any associated Type II decisions listed in
subsections 23.76.006.C.2.c, d, f, and g and SEPA decisions integrated with such Type II decisions as set forth in Section 23.76.006.C.2. l :
1. (( Area-wide amendments )) The following amendments to the Official Land Use Map(( ; )) :
a. Area-wide amendments; and
b. Corrections of errors on the Official Land Use Map due to cartographic and clerical mistakes;
2. Amendments to the text of this Title 23(( , Land Use Code ));
3. Concept approval for the location or expansion of City facilities requiring Council land use approval (( by Title 23, Land Use Code ));
4. Waiver or modification of development standards for City facilities;
(( 4 )) 5 . Major Institution designations and revocations of Major Institution designations; and
(( 5. Waiver or modification of development standards for City facilities; ))
6. Planned action ordinances . (( ; and
7. Corrections of errors on the official Land Use Map due to cartographic and clerical mistakes. ))
Section 23. Section 23.76.038 of the Seattle Municipal Code, which section was last amended by Ordinance 118012, is amended as follows:
Section 23.76.038 Preapplication conferences for Council land use decisions (( . ))
A. Except as provided in subsection 23.76.038.B, a preapplication conference is required between Department representative(s) and an applicant for the following Council land use decisions (( Prior )) prior to
official filing with the Director of an application :
1. All (( for a )) Type IV decision s;
2. Type V concept approval for the location or expansion of City facilities requiring Council land use approval; and
3. Type V decisions for waivers or modifications of development standards for City facilities.
B. The Director may waive the requirement for a preapplication conference if an applicant demonstrates, to the Director's satisfaction, experience with Council land use decision procedures that would render a preapplication conference unnecessary.
C. (( the applicant may request or the Director may require a pre-application conference. )) The preapplication conference shall be held in a timely manner (( between a Department
representative(s) and the applicant )) to determine the appropriate procedures and review criteria for the proposed project. Pre-application conferences may be subject to fees as established in (( Chapters 22.901A-22.901T,
Permit Fee Subtitle )) Subtitle IX of Title 22 .
Section 24. Section 23.76.040 of the Seattle Municipal Code, which section was last amended by Ordinance 123495, is amended as follows:
23.76.040 -Applications and requests for Council land use decisions
A. Applications for Type IV (( and V )) Council land use decisions .
1. Applications for all Type IV Council land use decisions except rezones shall be made by the (( property owner, lessee, contract purchaser )) holder of record of fee title , a City agency, or an
authorized agent thereof(( ; provided that any interested person may make application for an amendment to the Official Land Use Map or an amendment to the text of Title 23, Land Use Code )).
2. Applications for rezones shall be made by the holder(s) of record of fee title for all of the property or properties in the area proposed to be rezoned, or the authorized agent for such holder(s) of record of fee title.
B. Applications for other quasi-judicial Council land use decisions. Applications for quasi-judicial Council land use decisions that are not Type IV decisions shall be made by all holder(s) of record of fee title of the affected property or
properties, or the authorized agent for such holder(s) of record of fee title.
C. Applications for Type V Council land use decisions.
1. Applications for concept approval for the location or expansion of City facilities requiring Council approval and for waiver or modification of development standards for City facilities shall be made by a City agency or authorized agent thereof.
2. Applications for Major Institution designations and revocations of Major Institution designations shall be made by a City agency, the holder of record of fee title of the affected major institution, or authorized agent thereof.
D. Requests for Type V Council land use decisions.
1. Requests for planned action ordinances shall be made by a City agency or the holder(s) of record of fee title for the property(ies) proposed to be addressed by the planned action ordinance, or authorized agent thereof.
2. Requests for an area-wide amendment to the Official Land Use Map, correction of errors in the Official Land Use Map due to cartographic or clerical mistakes, or an amendment to the text of this Title 23 may be made by any City department or
interested person .
E. A claim made by a person that they possess title to any portion of the property for which an application for a Council land use decision has been submitted, whether the claim is made by a judicially--filed pleading or not, is not grounds to
suspend processing the application unless a court injunction has been issued and is delivered to the Department.
(( B )) F . All applications and requests for Council land use decisions shall be made to the Director on a form provided by the Department.
G. Notice to the City Clerk.
1. For Type IV Council land use decisions that do not include a design review component and are not (( applications for )) notices of intent to prepare Major Institution (( Master Plans
)) master plans , and for applications for quasi-judicial Council land use decisions that are not Type IV decisions, the Director shall (( transmit )) provide notice of the application to
the City Clerk (( for filing with the City Council )) promptly after the application is (( first )) submitted.
2. For Type IV Council land use decisions that include a design review component the Director shall(( :
a. For applications subject to design review by the Design Review Board, transmit notice of the early design guidance public meeting to the City Clerk for filing with the City Council promptly at the same time public notice is provided.
b. For applications subject to a design review pursuant to Sections 23.41.016 or 23.41.018, transmit )) provide notice of the application to the City Clerk (( for filing with the City Council
)) promptly after the applicant submits a complete application (( applies )) to begin the early design guidance or (( SDR )) the streamlined design review design
guidance process.
3. For (( applications for )) notices of intent to prepare Major Institution (( Master Plans )) master plans , the Director shall (( transmit ))
provide the notice of intent to prepare a master plan to the City Clerk (( for filing with the City Council )) promptly after the notice of intent is received.
4. For Type V Council land use decisions, the Director shall provide notice of the application or request to the City Clerk promptly after the application or request is submitted.
(( C )) H . Applications and requests for Council land use decisions shall be accompanied by payment of the applicable filing fees, if any, as established in (( SMC Chapters 22.901A-22.901T, Permit
Fee Subtitle )) Subtitle IX of Title 22.
(( D )) I . (( All applications )) Applications for Council land use decisions shall contain the submittal information required by the applicable sections of this Title 23, Land Use
Code; (( SMC )) Title 15, Street and Sidewalk Use; (( SMC )) Chapter 25.05, SEPA Policies and Procedures; (( SMC )) Chapter 25.09, Regulations for Environmentally
Critical Areas; (( SMC )) Chapter 25.12, Landmark Preservation; (( SMC )) Chapter 25.16, Ballard Avenue Landmark District; (( SMC )) Chapter 25.20, Columbia City
Landmark District; (( SMC )) Chapter 25.22, Harvard-Belmont Landmark District; (( SMC )) Chapter 25.24, Pike Place Market Historical District; and other codes as determined applicable by the
Director. All shoreline substantial development, conditional use, or variance applications shall also include applicable submittal information as specified in WAC 173-27180. The Director shall make available, in writing, a general list of submittal
requirements for a complete application. In the case of unusual or unique applications the Director shall determine submittal requirements. (( The following information shall also be required as further specified in the Director's
Rule on Application Submittal Guidelines, unless the Director indicates in writing that specific information is not necessary for a particular application:
1. Property information including, but not limited to, address, legal description, Assessor's Parcel number, and project description;
2. Evidence of ownership or authorization from the property owner for Council Conditional Uses;
3. A signed statement of financial responsibility from the applicant acknowledging financial responsibility for all applicable permit fees. If the application is made, in whole or in part, on behalf of the property's owner, lessee, and/or
contract purchaser, then the statement of financial responsibility must also include a signed statement of the owner, lessee, and/or contract purchaser acknowledging financial responsibility for all applicable permit fees;
4. Scale drawings with all dimensions shown that include, but are not limited to, the following information:
a. Existing site conditions showing adjacent streets (by name), alleys or other adjacent public property, existing street uses, such as street trees and sidewalk displays, buildings and structures, open space and landscape, access
driveways and parking areas,
b. Elevations and sections of the proposed new features,
c. Floor plans showing the proposed new features,
d. Drainage plan,
e. Landscape plan,
f. Right-of-way information showing any work proposed in the public right-of-way,
g. Identification on the site plan of all easements, deed restrictions, or other encumbrances restricting the use of the property, if applicable,
h. Parking layout and vehicular access,
i. Vicinity map,
j. Topographic map, and
k. Open space plan;
5. A statement whether the site includes or is adjacent to a nominated or designated City of Seattle landmark, or has been listed as eligible for landmark status by the state or federal governments, or is within a City of Seattle landmark
or special review district. If the site includes a nominated or designated City of Seattle landmark, or is within a City of Seattle landmark or special review district, then the applicant must provide a copy of any application for any required
certificate of approval that has been filed with the Department of Neighborhoods. If the site does not include a landmark and is not within a landmark or special review district, then the applicant must provide the following information:
a. Date the buildings on the site were constructed,
b. Name of the architect(s) or builder(s), and
c. For any building fifty (50) or more years old, clear exterior photos of all elevations of the building;
6. Information, including technical reports, drawings, models or text, necessary to evaluate the development proposal, project site and potential environmental effects related to the following:
a. Soils and geology,
b. Grading,
c. Drainage,
d. Construction impacts,
e. Air quality,
f. Water quality,
g. Water discharge,
h. View impairment,
i. Energy consumption,
j. Animal habitat impacts,
k. Plant ecology, botany and vegetation,
l. Noise,
m. Release and disposal of toxic and hazardous materials,
n. Soil contamination,
o. Dredging,
p. Land use,
q. Housing,
r. Light and glare,
s. Shadow,
t. Aesthetics,
u. Use and demand on recreation facilities,
v. Vehicular traffic and circulation,
w. Parking,
x. Pedestrian circulation,
y. Circulation and movement of goods,
z. Traffic hazard, and
aa. Demand on public service and utilities. ))
(( E )) J . Notice of Complete Application.
1. The Director shall determine whether an application for a Council land use decision is complete and shall notify the applicant in writing within (( twenty-eight ( ))28(( ) )) days of
the date the application (( being )) is filed whether the application is complete or that the application is incomplete and what additional information is required before the application will be complete.
Within (( fourteen ( ))14(( ) )) days of receiving the additional information, the Director shall notify the applicant in writing (( whether )) if the
application is (( now complete or )) still incomplete and what additional information is necessary. An application shall be deemed to be complete if the Director does not notify the applicant in writing that the
application is incomplete by the deadlines in this (( section )) subsection 23.76.040.J (( that the application is incomplete )). A determination that the application is complete is
not a determination that the application is vested.
2. An application for a Council land use decision is complete for purposes of this (( section )) Section 23.76.040 (( when )) if it meets the submittal requirements established by
the Director in subsection (( D )) I of this (( section )) Section 23.76.040 and is sufficient for continued processing even though additional information may be required or
project modifications are undertaken subsequently. The determination of completeness shall not preclude the Director from requesting additional information or studies either at the time of the notice of completeness or subsequently, if additional
information is required to complete review of the application or if substantial changes in the permit application are proposed. A determination under this (( section )) Section 23.76.040 that an application is
complete for purposes of continued processing is not a determination that the application is vested. (( A vesting determination shall be made only when needed because of a change in applicable laws and shall entail review of the application
for compliance with RCW 19.27.095 and SMC Section 23.76.026. ))
(( F )) K . Failure to supply all required information or data within (( sixty ( ))60(( ) )) days of a written request may result in a notice of intent to cancel.
The Director may cancel the application if the requested information is not provided within the time required by the notice of intent to cancel . (( When a Council land use application and a building permit application for a project
are being reviewed concurrently, and the applications are for a project vested to prior Land Use Code provisions, and the project does not conform with the codes in effect while it is being reviewed, cancellation of the Council land use application
under the provision of this subsection shall cause the concurrent cancellation of the building permit application. ))
Section 25. Section 23.76.042 of the Seattle Municipal Code, which section was last amended by Ordinance 122311, is amended as follows:
23.76.042 Notice of Type IV application s (( . ))
(( A. )) Notice Required. For all Type IV Council land use decisions, (( for Major Institution designations, and for City facilities requiring Council approval, )) notice of application
shall be provided (( in the manner prescribed by )) pursuant to Section 23.76.012 (( for Master Use Permits. )) , provided that, for amendments to property use and development
agreements, additional notice shall be given pursuant to subsection 23.76.058.C.
(( B. Additional Notice for Major Institutions. The Director shall provide the following additional notice for Major Institution master plans and designation.
1. For Major Institution master plans, notice of intent to file a master plan application shall be published in the Land Use Information Bulletin and the City official newspaper and mailed notice shall also be provided. The notice of
intent to file a master plan application shall indicate that an advisory committee is to be formed as provided in Section 23.69.032.
2. Mailed notice shall be provided for Major Institution designations and for revocation of Major Institution designations, and notice shall also be published in the City official newspaper once a week for two (2) consecutive weeks.
C. Additional Notice in the Southeast Seattle Reinvestment Area. The Director shall provide additional notice for Type IV decisions in the Southeast Seattle Reinvestment Area overlay district, by publishing the notice of
application in at least one (1) community newspaper in the area affected by the proposal.
D. Additional Notice for Modification of Overlay Districts Established Pursuant to Neighborhood Plans. When considering modifications to an overlay district established pursuant to an adopted neighborhood plan that specifically addresses
the overlay district, the Director must directly solicit comment by mail, or e-mail from any Cityrecognized stewardship group for that neighborhood plan as well as established community groups and chambers of commerce for the area of the overlay.
))
Section 26. Section 23.76.046 of the Seattle Municipal Code, which section was last amended by Ordinance 118012, is amended as follows:
23.76.046 Public meetings and hearings for draft EISs (( . ))
A. Preliminary Council Meeting on City Facilities Requiring Council Approval. When a City agency proposing a new City facility or expansion of an existing City facility determines that an EIS is required for the project, the Council shall hold an early
public meeting to determine the need for and functions of the proposed facility, identify the source of funding, and establish site selection criteria. The meeting shall be held as part of the scoping process as required by (( SMC
)) Chapter 25.05, SEPA Policies and Procedures.
B. Draft EISs on Type IV and V Decisions. A The Director shall hold a public hearing (( shall be held by the Director )) on all draft EIS(( ' ))s for Type IV and Type V Council land
use decisions for which the Department is the lead agency, pursuant to (( SMC Chapter )) Section 25.05 .535 . (( The hearing shall occur no earlier than twenty-one (21) days from the date the
draft EIS is issued nor later than ((fifty (50) days from its issuance. )) The Director may hold the hearing near the site of the proposed project. For Major Institution master plans, the draft EIS hearing shall be combined with a hearing
on the draft master plan as required by Section 23.69.032.
C. The Director may combine the public hearing on the draft EIS with any other public hearings that may be held on the project by another local, state, regional, federal, or other agency, and shall do so if requested by the applicant, provided that:
1. The joint hearing is held within the city of Seattle; and
2. The joint hearing can be held within the time periods specified in Section 23.76.005, or the applicant agrees in writing to additional time, if needed, to combine the hearings.
Section 27. Section 23.76.049 of the Seattle Municipal Code, which section was last amended by Ordinance 118012 and currently reads as follows, is repealed:
(( 23.76.049 Time required for preparation of an EIS.
The time required to prepare an environmental impact statement associated with a Council land use decision shall be agreed to by the Director and applicant in writing. Unless otherwise agreed to by the applicant, a final environmental
impact statement shall be issued by the Director within one (1) year following the issuance of a Determination of Significance for the proposal, unless the EIS consultant advises that a longer time period is necessary. In that case, the additional time
shall be that recommended by the consultant, not to exceed an additional year. ))
Section 28. Subsections A and B of Section 23.76.050 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, are amended as follows:
Section 23.76.050 Report of the Director(( . ))
A. The Director shall prepare a written report on (( applications for )) Type IV and V decisions(( , except Land Use Code text amendments, )) and any associated Type II decision s listed in
(( Section 23.76.006 C2 )) subsections 23.76.C . 2 .c, d, f, and g and SEPA decisions integrated with such Type II decisions as set forth in subsection 23.76.006.C.2.l, except that the Director shall prepare
a written report for the Type V Council land use decisions listed in subsection 23.76.050.C only if work on the decision is sponsored by the Mayor or one or more members of the Council .
B. The Director's report for Type IV and V Council land use decisions other than those listed in subsection 23.76.050.C shall include:
1. The written recommendations or comments of any affected City departments and other governmental agencies having an interest in the application or request ;
2. Responses to written comments (( submitted by interested citizens )) from the public ;
3. An evaluation of the proposal based on the standards and criteria for the approval sought and consistency with applicable City policies;
4. All environmental documentation, including any checklist, EIS or DNS; and
5. The Director's recommendation to approve, approve with conditions, or deny a proposal.
(( B. The Director shall prepare a written report for Land Use Code text amendments sponsored by the City Council only if such a report is requested by a member of the City Council, and )) C. For Land Use Code amendments,
area-wide amendments to the Official Land Use Map, and Planned Action Ordinances, the Director's report shall include:
1. An evaluation of the proposal based on the standards and criteria for the approval sought and consistency with applicable City policies ; (( , and ))
2. a summary of the public notice and outreach efforts undertaken to evaluate the proposal; and
(( 2 )) 3 . The Director's recommendation to approve(( , approve with conditions, or deny )) or reject a proposal.
(( C )) D . A DNS or the Director's determination that an EIS is adequate shall be subject to appeal pursuant to the procedures in subsection C of Section 23.76.022.
(( D )) E . For Type IV Decisions, the Director's report shall be submitted to the Hearing Examiner and filed with the City Clerk on the same date the notice of availability of the Director's report is given pursuant
to Section 23.76.052. The Director's report shall be made available for public inspection at least (( twenty-one ( ))21(( ) )) days prior to the Hearing Examiner's open record predecision public
hearing described in Section 23.76.052.
(( E )) F . For Type V Council land use decisions, the Director's report shall be submitted to the Council and shall be made available to the public at least (( fifteen (
))15(( ) )) days before the Council hearing described in Section 23.76.062.
Section 29. Section 23.76.052 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, is amended as follows:
23.76.052 Hearing Examiner open record predecision hearing and recommendation for Type IV Council land use decisions (( . ))
A. General---Consolidation With Environmental Appeal. The Hearing Examiner shall conduct a public hearing, which shall constitute a hearing by the Council, on all applications for Type IV (( (quasi-judicial) )) Council land
use decisions and any associated variances, special exceptions , and administrative conditional uses. At the same hearing, the Hearing Examiner shall also hear any appeals of the Director's Type II decisions and any interpretations.
B. The Hearing Examiner may combine a public hearing on a (( project )) Type IV application with any other public hearings that may be held on the project by another local, state, regional, federal , or other
agency , and shall do so if requested by the applicant, provided that :
1. the joint hearing is held within (( The City )) the city of Seattle(( . )) ; and
2. (( If requested by an applicant, a joint hearing shall be held, provided that ))the joint hearing can be held within the time periods specified in (( SMC )) Section 23.76.005, or the
applicant agrees in writing to additional time, if needed, to combine the hearing s .
C. Notice.
1. The Director shall give notice of the Hearing Examiner's hearing, the Director's environmental determination, and (( of )) the availability of the Director's report at least (( twenty-one (
))21(( ) )) days prior to the hearing by:
a. Inclusion in the Land Use Information Bulletin;
b. Publication in the City official newspaper;
c. (( Submission of the Land Use Information Bulletin to at least one (1) community newspaper in the area affected by the proposal;
d. ))One (( (1) )) land use sign visible to the public posted at each street frontage abutting the site except(( , when )) that if there is no street frontage
or the site abuts an unimproved street, the Director shall either post more than one (( (1) )) sign and/or select an alternative posting location so that notice is clearly visible to the public. For hearings on Major
Institution (( Master Plans )) master plans , one (( (1) )) land use sign posted at each street frontage abutting the site but not to exceed ten (( (10) )) land
use signs;
(( e )) d . Mailed notice; and
f. Posting in the Department )) e. Provision of notice to the applicant and to those who have submitted written comments on the proposal, and to persons who have made a written request for specific notice and have
provided an address for notice.
2. DNSs shall (( also )) be filed with the SEPA Public Information Center. If the Director's decision includes a mitigated DNS or other DNS requiring a (( fourteen ( ))14(( )
)) day comment period pursuant to (( SMC )) Section 25.05.340, the notice of DNS shall include notice of the comment period. The Director shall distribute copies of such DNSs as required by (( SMC
)) Section 25.05.340.
3. The notice shall state the project description, type of land use decision under consideration, a description sufficient to locate the subject property, where the complete application file may be reviewed, and the Director's recommendation and
environmental determination. The notice shall also state that the environmental determination is subject to appeal and shall describe the appeal procedure.
D. Appeal of Environmental Determination. Any person significantly interested in or affected by the Type IV Council land use decision under consideration may appeal the Director's procedural environmental determination subject to the following
provisions:
1. Filing of Appeals. Appeals shall be submitted (( in writing )) to the Hearing Examiner by (( five ( ))5(( :00) )) p.m. of the fourteenth calendar day following
publication of notice of the determination, provided that (( when )) if a (( fourteen ( ))14(( ) )) day DNS comment period is required pursuant to
(( SMC )) Section 25.05.340, appeals may be filed until (( five ( ))5(( :00) )) p.m. of the twenty-first calendar day following publication of the notice of the
determination. (( When )) If the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until (( five ( ))5(( :00)
)) p.m. on the next (( business )) day that is not a Saturday, Sunday, or federal or City holiday . The appeal shall be in writing and shall state specific objections to the environmental determination
and the relief sought. The appeal shall be accompanied by payment of the filing fee as set forth in (( the Seattle Municipal Code )) Section 3.02.125(( , Hearing Examiner filing fees )). In form
and content, the appeal shall conform with the rules of the Hearing Examiner.
2. Pre-hearing Conference. At the Hearing Examiner's initiative, or at the request of any party of record, the Hearing Examiner may have a conference prior to the hearing in order to entertain and act on motions, clarify issues, or consider other
relevant matters.
3. Notice of Appeal. Notice of filing of the appeal and of the date of the consolidated hearing on the appeal and the Type IV Council land use decision recommendation shall be promptly (( mailed )) provided
by the Hearing Examiner to parties of record and those (( requesting )) who have requested notice and provided an address for notice .
4. Scope of Review. Appeals shall be considered de novo. The Hearing Examiner shall entertain only those issues cited in the written appeal (( which )) that relate to compliance with the procedures for Type IV
Council land use decisions as required in this (( chapter )) Chapter 23.76 and the adequacy of the environmental documentation upon which the environmental determination was made.
5. Standard of Review. The Director's environmental determination shall be given substantial weight.
E. Conduct of Hearing. The Hearing Examiner at the public hearing (( will )) shall accept evidence and comments regarding:
1. The Director's report, including an evaluation of the project based on applicable City ordinances and policies and the Director's recommendation to approve, approve with conditions, or deny the application; and
2. Specific issues related to any appeals of the Director's (( environmental determination, if appealed )) Type II decisions .
F. The Record. The record shall be established at the hearing before the Hearing Examiner. The Hearing Examiner shall either close the record after the hearing or leave it open to a specified date for additional testimony, written argument, or
exhibits.
G. Written Comments. Written comments on the application for a Type IV Council land use decision and the Director's report and recommendation may be sent to the (( Department or )) the Hearing Examiner. Only those
received prior to the conclusion of the hearing shall be considered by the Hearing Examiner.
H. Recommendation. From the information gained at the hearing, from timely written comments submitted to the (( Department or the )) Hearing Examiner, and from the report and recommendation of the Director, the Hearing
Examiner shall submit a recommendation to the Council by filing it together with the record and the original application with the City Clerk within (( fifteen ( ))15 (( ) ))days after the
close of the hearing record , provided(( , )) that the Hearing Examiner's (( report )) recommendation on a Major Institution (( Master Plan )) master
plan shall be submitted within (( thirty ( ))30(( ) )) days. The recommendation to approve, approve with conditions, or deny an application shall be based on (( the
)) written findings and conclusions.
I. Environmental Appeal Decision. If the Director's environmental determination is appealed, the Hearing Examiner shall affirm, reverse, remand , or modify the Director's determination that an EIS is not required (DNS) or that an EIS is
adequate, based on written findings and conclusions. The Director shall be bound by the terms and conditions of the Hearing Examiner's decision. If the environmental determination is remanded, the Hearing Examiner shall also remand the Director's
recommendation for reconsideration. The Hearing Examiner's decision on a DNS or EIS adequacy appeal shall not be subject to Council appeal. The time period for requesting judicial review of the environmental determination shall not commence until the
Council has completed action on the Type IV Council land use decision for which the DNS or EIS was issued.
J. Distribution of Decision and Recommendation. On the same date that the Hearing Examiner files a recommendation with the City Clerk, the Hearing Examiner shall provide copies of the recommendation and environmental appeal decision, if any,
(( shall be mailed by the Hearing Examiner )) to the applicant, (( to )) the Director, (( to )) all persons testifying or submitting information at the hearing,
(( to )) all persons who submitted substantive comments on the application to either the Director or the Hearing (( examiner )) Examiner , and (( to )) all those
who request a copy in (( a timely manner )) writing and provide an address for notice . Notice of the Hearing Examiner's recommendation to the Council shall include instructions for (( requesting the
Council to further consider )) appealing the recommendation on the Type IV Council land use decision.
(( K. File to Council. The City Clerk shall file the recommendation and record with the original application and transmit the same to the Council. ))
Section 30. Subsections A, B, and D of Section 23.76.054 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, are amended as follows:
23.76.054 Council consideration of Hearing Examiner recommendation on Type IV Council land use decisions (( . ))
A. Any person (( substantially affected by or interested in the )) who submitted a written comment to the Director, or who provided a written or oral comment to the Hearing Examiner, may submit in writing an appeal of the
Hearing Examiner's recommendation regarding a Type IV land use decision (( may submit in writing an appeal of the recommendation )) to the Council and, if desired, a request to supplement the record. No appeals of a DNS
or the determination that an EIS is adequate will be accepted.
B. Appeals of the Hearing Examiner's recommendation shall be filed with the City Clerk by (( five ( ))5(( :00) )) p.m. of the (( fourteenth ( ))14th(( )
)) calendar day following the date of issuance of the Hearing Examiner's recommendation. When the last day of the (( request )) appeal period so computed is a Saturday, Sunday , or federal or
City holiday, the (( request )) appeal period runs until (( five ( ))5(( :00) )) p.m. on the next (( business )) day that is not
a Saturday, Sunday, or federal or City holiday .
* * *
D. After the City Clerk's receipt of an appeal, Council staff shall (( mail )) provide a copy of the appeal and instructions for responding to those persons who were provided written notice of the Hearing Examiner's
recommendation at least (( twenty-one ( ))21(( ) )) days prior to the date of the Council's public meeting to consider the appeal.
* * *
Section 31. Section 23.76.056 of the Seattle Municipal Code, last amended by Ordinance 122497, is amended as follows:
23.76.056 Council decision on Hearing Examiner recommendation for Type IV Council land use decisions (( . ))
A. The Council's decision to approve, approve with conditions, remand, or deny the application for a Type IV Council land use decision shall be based on applicable law and supported by substantial evidence in the record established pursuant to
Section 23.76.054. An appellant bears the burden of proving that the Hearing Examiner's recommendation should be rejected or modified.
B. The Council shall adopt written findings and conclusions in support of its decision regarding Type IV Council land use decisions.
C. To the extent such information is available to the Council, the decision should contain the name and address of the owner of the property at issue, of the applicant, and of each person who filed an appeal of the Hearing Examiner's recommendation with
the Council, unless such person abandoned the appeal or such person's claims were dismissed before the hearing.
D. Any Type IV Council land use decision shall be final and conclusive unless Council retains jurisdiction or the decision is reversed or remanded on judicial appeal or appeal to the Shorelines Hearings Board. Any judicial review of a decision
not appealable to the Shorelines Hearings Board (( must )) shall be commenced within (( twenty-one ( ))21(( ) )) days of issuance of the (( date
that the )) Council's decision, as provided by RCW 36.70C.040, except that an appeal of a decision concerning personal wireless service must be commenced within (( thirty ( ))30(( )
)) days of issuance of the decision.
E. A copy of the Council's findings, conclusions and decision shall be transmitted to the City Clerk who shall promptly (( send )) provide a copy to the Director , (( and )) the
Hearing Examiner, and (( promptly mail copies to )) all parties of record . The Clerk's transmittal (( letter )) shall include official notice of the time and place for seeking judicial
review. The Director shall be bound by and incorporate the terms and conditions of the Council's decision in permits issued to the applicant or on approved plans.
F. Re-application Rules. If an application for a Type IV Council land use decision is denied with prejudice by the Council, no application for the same or substantially the same decision shall be considered until (( twelve (
))12(( ) )) consecutive months have passed since the filing of the denial of the application. After (( twelve ( ))12(( ) )) months, the Council shall
consider an application for the same decision only if the applicant establishes that there has been a substantial change of circumstances pertaining to a material issue.
G. Type IV Council land use decisions are quasijudicial decisions of the City Council and are not subject to mayoral approval or disapproval.
Section 32. Subsections B and C and the title of Section 23.76.058 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, are amended as follows:
23.76.058 Rules for specific Council land use decisions
* * *
B. Contract Rezones.
1. (( If a property use and development agreement is required as a condition to an amendment of the Official Land Use Map, the )) Within 30 days after adoption of the ordinance approving a contract rezone, the City Clerk
shall record the executed property use and development agreement (PUDA) with the King County Recorder.
2. (( amendment )) The zoning designation established by the contract rezone shall not take effect until the later of:
a. the effective date of the ordinance approving the (( map amendment )) contract rezone and accepting the (( property use and development agreement )) PUDA , as specified in the
ordinance or pursuant to Section 1.04.020, or
b. the recording by the City Clerk (( in )) with the King County (( Recorder's Office )) Recorder of the (( agreement )) PUDA executed
by the legal and beneficial owners. (( The agreement shall be recorded in the real property records of King County and filed with the City Clerk within 30 days after adoption of the ordinance approving the map amendment and accepting the
agreement. ))
(( 2 )) C . Amendment of (( Property Use and Development Agreements )) PUDAs for Title 23 zones . Property use and development agreements recorded as a condition (( to a
map amendment )) of a contract rezone may be amended by agreement between the owner and the City, if the amendment is approved by (( provided that any such amendment shall be approved by )) the
Council.
(( a )) 1 . (( A request to amend shall be submitted to the Department of Planning and Development and filed with the City Clerk )) Applications to amend a PUDA shall meet the
requirements of Section 23.76.040 .
2. Applications to amend a PUDA are subject to a 14 day comment period.
3. In addition to the notice required pursuant to Section 23.76.012, the Director shall provide (( Notice )) notice of (( a request )) an application to amend a PUDA
and (( an opportunity to )) the 14-day comment period on the application (( shall be provided in accordance with the notice requirements of Section 23.76.012.B.1 or B.2, and B.3 , and notice
and opportunity to comment shall also be provided )) to the parties of record in the original rezone decision and to those persons who were provided written notice of the Hearing Examiner's recommendation in the original rezone
decision , to the extent reasonably practicable .
(( b )) 4 . The Director shall determine whether the (( requested )) amendment is major or minor. This determination is a Type I decision.
(( 1) )) a. Minor amendments. A minor amendment to a PUDA is one that is within the spirit and general purpose of the prior decision of the Council, is generally consistent with the uses and development
standards approved in the prior decision of the Council, would not result in significant adverse impacts that were not anticipated in the prior decision of the Council, and does not request any additional waivers or changes in the waivers of bulk or
off-street parking and loading requirements other than those approved in the prior decision of the Council. If the Director determines that a proposed amendment is minor, the Director shall transmit to Council the (( request
)) application to amend, the Director's determination that the (( request )) proposed amendment is minor, any comments received by the Director on the proposed amendment, (( the
Director's environmental determination, )) and the Director's recommendation on the proposed amendment. (( A request )) An application to amend that is minor and that complies with the rezone
criteria of Chapter 23.34 may be approved by the Council by ordinance after receiving any additional advice that it deems necessary.
(( 2) )) b. Major Amendments. (( Requests )) Applications to amend a PUDA that are not minor are major. (( The Council shall not approve a major amendment to a property
use and development agreement until the Council has received a recommendation from the Hearing Examiner after a public hearing held as provided for rezones in Section 23.76.052. )) Major amendments to a PUDA shall follow the
procedures for Type IV Council land use decisions in Sections 23.76.052, 23.76.054, and 23.76.056.
(( C. Reserved. ))
D. Public Projects Not Meeting Development Standards. The City Council may waive or modify applicable developments standards, accessory use requirements , special use requirements , (( or )) and
conditional use criteria for public projects.
Section 33. Section 23.76.060 of the Seattle Municipal Code, which section was last amended by Ordinance 123046, is amended as follows:
23.76.060 Expiration and extension of Council land use (( approvals---Extensions )) decisions
A. (( Approvals Granted Under )) Decisions granted under Title 24. (( Expiration )) The expiration of Council land use (( approvals )) decisions
granted under Title 24(( , Zoning and Subdivisions, are )) is governed by the applicable provisions of Section 23.04.010, Transition to the Land Use Code.
B. (( Contract Rezones, )) Council (( Conditional Uses )) conditional uses and (( Public )) public projects .
1. (( Contract rezones, )) Approvals of Council conditional uses and public projects (( approved under Title 23 )) expire (( two (2) )) three years
from the effective date of approval unless:
a. Within the (( two (2) )) three year period, an application is filed for a Master Use Permit, (( which permit )) that is subsequently issued; or
b. Another time for expiration is specified in the Council's decision.
2. If a Master Use Permit is issued for a project permitted by Council approval of a (( the contract rezone, )) Council conditional use or a public project, the Council's approval of the ((
contract rezone, )) Council conditional use or public project(( , )) remains in effect until the date that the Master Use Permit expires pursuant to the provisions of Section 23.76.032, or until the
(( time )) date specified by the Council, whichever is (( longer )) later . If a Master Use Permit is issued for a project permitted by Council approval of a Council conditional
use or Council approval of a public project, a building permit is issued for the project, and the project is constructed pursuant to the building permit, conditions required by the Council's approval of the Council conditional use or the Council's
approval of the public project shall remain in effect, notwithstanding expiration of the Council's approval of the Council conditional use or the Council's approval of the public project, until the project is demolished or until an earlier date on
which:
a. the condition by its terms expires;
b. the condition is removed through a permitting decision; or
c. if the condition was imposed as to a specific use within the project, that use is terminated.
C. Contract Rezones.
1. The provisions of this section 23.76.060.C.1 apply except as otherwise provided in the Council decision on a contract rezone.
a. A zoning designation established by a contract rezone shall expire three years after the date of the Council action approving the rezone, except as follows:
1) If, prior to the end of the three year period, a complete application is filed for a Master Use Permit to establish a use on the rezoned property, the zoning designation shall not expire pursuant to this Section 23.76.060 as to the lot or lots
for which the application is made so long as that application remains pending. The zoning designation shall expire immediately upon any cancellation of the application that occurs after the end of the three year period, unless another such application
filed before the end of that period is pending at the time of such cancellation;
2) If a Master Use Permit is issued based on an application that is sufficient to extend the three year period under subsection 23.76.060.C.1.a.1), then the zoning designation shall not expire pursuant to this Section 23.76.060 as to the lot or
lots for which the permit is issued unless and until the Master Use Permit expires without a certificate of occupancy having been issued for any structure constructed or altered for a use authorized by any such Master Use Permit, and then shall
immediately expire. If such a certificate of occupancy is issued, then the zoning designation shall not expire pursuant to this Section 23.76.060 for that lot or lots;
3) If only a portion of the rezoned property is the subject of a particular application or Master Use Permit, then the zoning designation shall expire as to the other portions of the rezoned property at the same time as if that application had not
been made or that permit not issued, as the case may be.
(( 3 )) 2 . When a contract rezone expires, the Official Land Use Map is automatically amended so the zoning designation in effect immediately prior to the contract rezone applies to the subject property, except to
the extent otherwise expressly provided by ordinance. (( the )) The Director shall file a (( certificate )) notice of expiration with the City Clerk and with the King
County Recorder and shall cause the reversion to the former designation to be shown on published land use maps, but the expiration shall be effective notwithstanding any failure to make such filing or to reflect such expiration in any published
information. (( and a notation shall be placed on the Official Land Use Map showing the reversion to the former classification. )) Unless expressly stated otherwise in any property use and development agreement
(PUDA) recorded in connection with a rezone, if the zoning designation expires as to all property subject to the PUDA, then all restrictions and requirements in the PUDA shall terminate.
3. Regardless of whether the time period for expiration has elapsed or a certificate of occupancy has been issued as described in subsection 23.76.060.C.1.a.2), the zoning designation established by a contract rezone shall no longer be in effect
upon the effective date of a subsequent rezoning by the Council of the subject property, either through a site-specific rezone or as part of an area-wide rezone. Effective on or after the effective date of such subsequent rezoning of all property
subject to a PUDA recorded in connection with the prior rezone, some or all of that property may be released from some or all of the conditions of the PUDA if the release is authorized by ordinance. Such release may be authorized without following the
PUDA amendment procedures in 23.76.058, except that notice and a comment period shall be provided pursuant to 23.76.058.C.3. In making the decision whether to release all or part of the PUDA, the Council shall consider factors such as:
a. whether any of the property subject to the PUDA has been or may still be developed in a manner that was permitted under the designation established by the contract rezone and would not be permitted under the subsequent rezoning; and
b. the extent to which any terms of the PUDA as applied to the subsequently rezoned property are relevant to the impacts of any development of that property occurring subsequent to the PUDA.
(( C )) D . Variances. Variances granted as part of a Council land use (( approval )) decision shall remain in effect for the same period as the land use (( approval
)) decision granted, except those variances granted as part of a rezone , which shall expire on the date the rezone expires or the effective date of any text amendment making more stringent the development standard from
which the variance was granted, whichever is sooner.
(( D )) E . Extensions. The Council may extend the time limits on Type IV land use (( approvals )) decisions for no more than two years, upon an applicant's filing an application
to the Department (( request for an extension filed with the City Clerk )) at least 120 days before the approval's expiration. The Council may request a recommendation on the extension (( request
)) application from the Director, but the Hearing Examiner hearing and recommendation requirements of Section 23.76.052 do not apply. Notice of (( requests )) applications for extensions of Type
IV land use decisions and an opportunity to comment shall be provided pursuant to (( Sections )) subsections 23.76.012.B.1 or B.2, and subsection 23.76.012. B.3, and notice and an opportunity to comment shall
also be provided to the parties of record in the Council's original Type IV land use proceeding and to those persons who were provided written notice of the Hearing Examiner's recommendation on the original Type IV application to the extent
reasonably practicable .
1. The Council may not extend the time (( limits )) limit for a Type IV land use (( approval )) decision for a project that is not in conformance with applicable regulations,
including land use and environmentally critical areas regulations, in effect at the time application for an extension is (( sought )) made .
2. In deciding whether to grant (( a request for )) an extension, the Council shall consider:
a. The reason or basis for the (( request )) application for the extension and whether it is reasonable under the circumstances;
b. Whether changed circumstances in the area support an extension;
c. Whether additional time is reasonably necessary to comply with a condition of approval adopted by the Council that is required to be fulfilled prior to expiration of the Council land use (( approval )) decision
.
Section 34. Section 23.76.062 of the Seattle Municipal Code, which section was last amended by Ordinance121477, is amended as follows:
23.76.062 (( Council hearing and decision. )) Type V Council land use decisions
A. Notice of application. For Major Institution designations and revocations of Major Institution designations, concept approvals for the location or expansion of City facilities requiring Council land use approval, and waivers or modifications of
development standards for City facilities, notice of application shall be provided pursuant to Section 23.76.012.
B. Public Hearing. The Council shall (( itself )) conduct a public hearing for each Type V (( (legislative) )) Council land use decision except that no public hearing is required
for an emergency amendment to the text of the Land Use Code. The Council may also appoint a hearing officer to conduct an additional fact-finding hearing to assist the Council in gathering information. Any hearing officer so appointed shall transmit
written Findings of Fact to the Council within ten (( (10) )) days of the additional hearing.
(( B )) C . Notice of Hearings.
1. Notice of a required Council hearing on a Type V Council land use decision shall be provided by the Director at least (( thirty ( ))30(( ) )) days prior to the hearing in the following
manner:
a. Inclusion in the Land Use Information Bulletin; and
b. (( Posting in the Department; and
c. )) Publication in the City's official newspaper.
2. Additional notice shall be provided by the Director for public hearings on concept approvals for the location or expansion of City facilities, waiver or modification of development standards for City facilities, Major Institution
designations , and revocation of Major Institution designations, as follows:
a. Mailed notice; and
b. One (( (1) )) land use sign posted visible to the public at each street frontage abutting the site , except(( , when )) that if there is no street frontage or the site abuts an
unimproved street, the Director shall either post more than one (( (1) )) sign and/or select an alternative posting location so that notice is clearly visible to the public. For hearings on Major Institution designations
and revocations of Major Institution designations, the Director shall post one land use sign at each street frontage abutting the site but not to exceed ten land use signs.
(( C )) D . Council Decision. In making a Type V Council land use decision, the Council shall consider the oral and written testimony presented at the public hearing, as well as any required report of the
Director. The City Council shall not act on any Type V Council land use decision until the end of the appeal period for (( the )) any applicable determination of nonsignificance ( DNS ) or
(( Final )) final EIS or, if an appeal is filed, until the Hearing Examiner issues a decision affirming the Director's DNS or EIS decision.
Section 35. A new Section 23.76.067 is added to the Seattle Municipal Code as follows:
23.76.067 Amendments to Title 23 to implement RCW 43.21C.420 (SEPA)
A. Unless an ordinance enacting amendments to Title 23 expressly recites that the ordinance is intended to implement RCW 43.21C.420, the provisions of that statute do not apply to the ordinance.
B. RCW 43.21C.420 bars certain SEPA appeals if the City has elected to adopt optional elements of the City's Comprehensive Plan or development regulations pursuant to RCW 43.21C.420. Unless an ordinance enacting or amending the Comprehensive Plan or
development regulations expressly recites that it is being adopted pursuant to the authority of RCW 43.21C.420, RCW 43.21C.420 does not affect the availability of appeals. If RCW 43.21C.420 applies to a nonproject EIS as described in RCW 43.21C.420,
then unless the City Council by ordinance establishes a different time frame for submitting a complete application for purposes of RCW 43.21C.420 (5) with respect to that EIS, the time frame is 24 hours following the date of issuance of the final EIS.
Section 36. Section 23.76.068 of the Seattle Municipal Code, which section was last amended by Ordinance 117570 and currently reads as follows, is repealed:
(( 23.76.068 Re-application rule for text amendments.
If an application for an amendment to the text of SMC Title 23, Land Use Code is denied by the Council, no application for the same or substantially the same amendment shall be considered until twelve (12) months have passed since the
filing of the application, provided that this rule shall not apply to City-initiated amendments. ))
Section 37. Subsection A of Section 23.78.002 of the Seattle Municipal Code, which section was last amended by Ordinance 121429, is amended as follows:
23.78.002 Application for establishment of criteria(( . ))
A. The Seattle School District or other (( owner )) holder(s) of record of fee title of a public school structure , or an authorized agent thereof, may apply for the establishment of criteria for nonschool use
of an existing or former public school structure. Applications shall be made to the Director of the Department of Neighborhoods. The Seattle School District or other holder(s) of record of fee title of a public school structure, or an authorized
agent thereof, may apply for a rezone of an existing or former public school structure or site pursuant to the provisions in Chapter 23.76 rather than apply for establishment of criteria through a School Use Advisory Committee.
* * *
Section 38. Section 23.78.006 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended as follows:
23.78.006 Notice provided(( . ))
A. If notice is required pursuant to this Chapter 23.78, except mailed notice as defined in Section 23.84A.025, it may be provided by electronic means if the recipient provides an e-mail address to the Department of Neighborhoods. Notice to City
agencies may be provided through the City's interoffice mail or by electronic means.
B. Notification of the application and formation of a SUAC and the first meeting of the SUAC shall be provided by the Director (( through )) in the following manner:
1. (( mailed )) Mailed notice(( , )) ;
2. Inclusion in the Land Use Information Bulletin(( , )) ; (( publishing in a newspaper of substantial local circulation, and ))
3. (( posting )) Posting one (( (1) )) land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an
unimproved street, the Director shall either post more than one (( (1) )) sign (( and/ ))or select an alternative posting location so that notice is clearly visible to the public(( .
)) ;
4. Through the regular processes of a (( If there is an existing )) parents' organization(( , notice shall be given through its regular processes. )) , if
one exists; and
5. Provision of notice to community organizations known to the Department of Neighborhoods as representing the local area, and to similar organizations that have requested notice in writing and provided an address for notice.
Section 39. Section 23.78.012 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended as follows:
23.78.012 Duties of Director of the Department of Neighborhoods(( . ))
A. The Director of the Department of Neighborhoods ( DON ) shall establish final use criteria and permitted uses for the school structures and grounds based on the School Use Advisory Committee's ( SUAC's )
recommendations within ten (( (10) )) days of the receipt of the recommendations. If the Director of DON modifies the recommendations of the SUAC, the reasons for the modification shall be put forth in writing.
B. (( Notification of the )) The (( Director of DON's )) DON Director's decision shall (( be published )) provide notice of the decision
(( in the City official newspaper )) within seven (( (7) )) days of the date the decision is made in the following manner (( . )) :
1. Publication in the City official newspaper;
2. (( Notice, including the date of its publication, shall also be posted in a conspicuous place in the Department of Neighborhoods and shall be included )) Inclusion in the Land Use Information
Bulletin(( . )) ; and
3. Notice (( of the decision shall also be mailed )) provided (( on the date of the decision )) to the applicant, all members of the advisory committee, and
(( to )) persons who have requested specific notice in (( a timely manner )) in writing and provided an address for notice .
C. The notice of the decision shall state the address of the school and briefly state the decision made by the (( Director of ))DON Director . The notice shall also state that the school use criteria are
subject to appeal and shall describe the appropriate appeal procedure.
Section 40. Section 23.78.014 of the Seattle Municipal Code, which section was last amended by Ordinance 117263, is amended as follows:
23.78.014 Appeal of use criteria(( . ))
A. Any person substantially affected by or interested in the use criteria may appeal the decision to the Hearing Examiner within a period extending to (( five ( ))5(( ) )) p.m. of the
(( fifteenth )) 14th calendar day following the date of publication of the use criteria decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period
shall run until (( five ( ))5(( ) )) p.m. the next (( business )) day that is not a Saturday, Sunday, or federal or City holiday . The appeal shall be in writing
and shall state specifically why the appellant finds the criteria inappropriate or incorrect.
B. Appeals of school use criteria shall be accompanied by payment of a filing fee as established in (( the Fee Subtitle, Chapters 22.901A through 22.901T )) Section 3.02.125 .
C. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases in (( the Administrative Code, )) Chapter 3.02. Notice shall be given not less than ((
twenty ( ))20(( ) )) days prior to hearing.
D. Appeals shall be considered de novo. The decision on the evidence before the Hearing Examiner shall be made upon the same basis as was required of the Director of the Department of Neighborhoods ( DON ) . The interpretation of the
(( Director of )) DON Director shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which
is determined to be without merit on its face, frivolous , or brought merely to secure a delay.
E. The Hearing Examiner shall issue a decision within (( fourteen ( ))14(( ) )) days after closing the record(( . Notice of the Hearing Examiner's decision )) and
(( shall be mailed )) provide it on the same date (( of the decision )) to the parties of record and to all those (( requesting
)) who request notice in writing and provide an address for notice .
F. The decision of the Hearing Examiner may affirm, reverse or modify the (( Director of DON's )) DON Director's decision either in whole or in part. The Hearing Examiner may also remand the decision to the
(( Director of )) DON Director for further consideration. The decision of the Hearing Examiner shall be final and the applicant, appellant , and (( Director of )) DON Director
shall be bound by it.
Section 41. Section 23.79.006 of the Seattle Municipal Code, which section was last amended by Ordinance 118672, is amended as follows:
23.79.006 Notice provided for development standard departure(( . ))
A. If notice is required pursuant to this Chapter 23.79, except mailed notice as defined in Section 23.84A.025, it may be provided by electronic means if the recipient provides an e-mail address to the Department of Neighborhoods (DON). Notice to
City agencies may be provided through the City's interoffice mail or by electronic means.
B. Notification of the application and formation of a Development Standard Advisory Committee and the first meeting of the advisory committee shall be provided by the DON Director (( through )) in the
following manner:
1. (( mailed )) Mailed notice(( , General Mailed Release )) ;
2. Inclusion in the Land Use Information Bulletin (( publishing in a newspaper of substantial local circulation and any relevant ethnic publications having substantial local circulation, and )) ;
3. (( posting )) Posting one (( (1) )) land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an
unimproved street, the DON Director shall either post more than one (( (1) )) sign (( and/ ))or select an alternative posting location so that notice is clearly visible to the
public(( . )) ;
4. Through the regular processes of a (( If there is an existing )) parents' organization(( , notice shall be given through its regular processes. )) , if
one exists; and
5. (( Notice shall also be given )) Provision of notice to community organizations known to the (( Department )) DON Director as representing the local area, and to
other (( related )) organizations (( who )) that have (( requested )) made a written request for notice and provided an
address for notice .
Section 42. Section 23.79.010 of the Seattle Municipal Code, which section was last amended by Ordinance 121477, is amended as follows:
23.79.010 Duties of Director of the Department of Neighborhoods (( . ))
A. The Department of Neighborhoods (DON) Director shall determine the amount of departure from established development standards which may be allowed for required, as well as mitigating measures which may be required. The DON Director's
decision shall be based on an evaluation of the factors set forth in subsection C of Section 23.79.008, the majority recommendations and minority reports of the advisory committee, comment at the public hearings and other comments from the public. If
the DON Director modifies the recommendations of the advisory committee, the reasons for the modification shall be put forth in writing.
B. Notice of decision.
1. (( Notification of the )) The (( Director's decision )) DON Director shall (( be published )) provide notice of the decision ((
in the City official newspaper )) within seven (( (7) )) days of the date the decision is made in the following manner:
a. Publication in the City official newspaper;
b. Inclusion (( . Notice, including the date of its publication, shall also be posted in a conspicuous place in DPD and shall be included )) in the Land Use Information Bulletin(( . ))
; and
c. Notice (( of the decision shall also be mailed on the date of the decision )) provided to the applicant, (( to )) all members of the advisory committee, and (( to
)) persons who have requested (( specific )) notice (( in a timely manner )) in writing and provided an address for notice .
2. The notice of the decision shall state the address of the school and briefly state the decision made by the DON Director. The notice shall also state that the departure from development standards is subject to appeal and shall describe the
appropriate appeal procedure.
Section 43. Section 23.79.012 of the Seattle Municipal Code, which section was last amended by Ordinance 117263, is amended as follows:
23.79.012 Appeal of development standard departure(( . ))
A. Any person substantially affected by or interested in the development standard departure may appeal the decision to the Hearing Examiner within a period extending to (( five ( ))5(( ) )) p.m. of
the (( fifteenth )) 14th calendar day following the date of publication of the decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall
run until (( five ( ))5(( ) )) p.m. the next (( business )) day that is not a Saturday, Sunday, or federal or City holiday . The appeal shall be in writing and
shall state specifically why the appellant finds the departure inappropriate or incorrect.
B. Appeals of development standard departure shall be accompanied by payment of a filing fee as established in (( the Seattle Municipal Code, the Fee Subtitle, Chapter 22.901A through 22.901T )) Section 3.02 .125 .
C. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases (( in the Seattle Municipal Code, ))Chapter 3.02(( , Administrative Code
)). Notice shall be given not less than (( twenty ( ))20(( ) )) days prior to hearing.
D. Appeals shall be considered de novo. The decision on the evidence before the Hearing Examiner shall be made upon the same basis as was required of the Director. The decision of the Director shall be given substantial weight, and the burden of
establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which is determined to be without merit on its face, frivolous, or brought merely to secure a delay.
E. The Hearing Examiner shall issue a decision within (( fourteen ( ))14(( ) )) days after closing the record(( . Notice of the Hearing Examiner's decision shall be mailed
)) and provide notice of the decision on the same date (( of the decision )) to the parties of record and (( to )) all those (( requesting
)) who have made a written request for notice and provided an address for notice .
F. The decision of the Hearing Examiner may affirm, reverse , or modify the Director's decision either in whole or in part. The Hearing Examiner may also remand the decision to the Director for further consideration.
G. The decision of the Hearing Examiner shall be final, and the applicant, appellant and Director shall be bound by it.
Section 44. Section 23.84A.014 of the Seattle Municipal Code, which section was last amended by Ordinance 123495, is amended as follows:
23.84A.014 "G"
* * *
"General mailed release" (( means an information mailing to the individuals and groups on a master mailing list as may be established by the Department. )) See Land Use Information Bulletin.
* * *
Section 45. Section 23.84A.024 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, is amended as follows:
23.84A.024 "L"
* * *
"Land Use Information Bulletin." (( See "General mailed release." )) means an information distribution to the persons on a master distribution list as established and maintained by the Department.
* * *
Section 46. Section 23.84A.025 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, is amended as follows:
23.84A.025 "M"
"Mailed notice" means notice mailed by the Director to such property owners, commercial lessees , building managers, and residents of (( the area )) properties including and within ((
three hundred ( ))300(( ) )) feet of the boundaries of a specific site as can be determined from the records of the King County Department of Assessments , the City Master Address File, and such
additional references as may be identified by the Director(( ; )) . (( provided, that in the downtown area bounded by Denny Way, Interstate 5, South Royal Brougham Way and Elliott Bay, mailed notice
provided by the Director shall mean notice mailed to owners, lessees and building managers on the project site and to property owners and building managers within three hundred (300) feet of a specific site and the posting by the applicant of one (1)
land use sign visible to the public at each street frontage abutting the site but not to exceed ten (10) land use signs. When there is no street frontage or the site abuts an unimproved street, the Director shall require either more than one (1) sign
and/or an alternative posting location so that notice is clearly visible to the public. The land use sign may be removed by the applicant within fourteen (14) days after final action on the application has been completed. Annually, the Director shall
publish in the City's official newspaper additional reference(s) to be used to supplement the information obtained from the Kind County records. The mailed notice shall request that property managers post the notice in a public area of the commercial or
multifamily building. ))
* * *
Section 47. Section 23.84A.030 of the Seattle Municipal Code, which section was last amended by Ordinance 122497, is amended to add a new definition as follows:
23.84A.030 "P"
* * *
"Property Use and Development Agreement" means an agreement, executed by the legal or beneficial owner of property whose zoning classification is changed by a contract rezone, which subjects the property to restrictions on its use and development.
* * *
Section 48. Section 23.84A.032 of the Seattle Municipal Code, which section was last amended by Ordinance 123589, is amended to add a new definition as follows:
23.84A.032 "R"
* * *
"Rezone, contract" means an amendment to the Official Land Use Map to change the zone classification of an area, subject to the execution, delivery, and recording of a property use and development agreement executed by the legal or beneficial owner
of the property to be rezoned.
* * *
Section 49. Section 23.84A.036 of the Seattle Municipal Code, which section was last amended by Ordinance 123649, is amended as follows:
23.84A.036 "S"
* * *
"Sign, (( environmental review )) large notice " means a sign with dimensions of four (( (4) )) feet by eight (( (8) )) feet constructed of a durable material,
required for public notice of proposed land use actions according to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions.
* * *
Section 50. Subsection B of Section 25.05.355 of the Seattle Municipal Code, which section was last amended by Ordinance 119096, is amended as follows:
25.05.355 Early review DNS (optional DNS) process(( . ))
* * *
B. If the lead agency uses the early review DNS process specified in subsection A of this (( section )) Section 25.05.355 , the lead agency shall:
1. State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:
a. The early review DNS process is being used(( , )) ;
b. This will be the only opportunity to comment on the environmental impacts of the proposal(( , )) ;
c. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared(( , )) ; and
d. A copy of the subsequent threshold determination for the specific proposal may be obtained upon written request and provision of an address for notice ;
2. List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected;
3. Comply with the requirements for a notice of application and public notice in Section s 23.76.012, 23.76.042, and 23.76.062 of the Land Use Code; and
4. (( Send )) Provide the notice of application and environmental checklist to:
a. Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal, and
b. Anyone (( requesting )) who requests a copy of the environmental checklist for the specific proposal in writing and provides an address for notice .
* * *
Section 51. Section 25.05.680 of the Seattle Municipal Code, which section was last amended by Ordinance 119096, are amended as follows:
25.05.680 Appeals(( . ))
Appeal provisions in SEPA are found in RCW 43.21C.060, 43.21C.075, (( and )) 43.21C.080, 43.21C.420 , and WAC 197-11-680. The following provisions attempt to construe and interpret the statutory and administrative
rule provisions. In the event a court determines that code provisions are inconsistent with statutory provisions or administrative rule, or with the framework and policy of SEPA, the statute or rule will control. Persons considering either
administrative or judicial appeal of any decision (( which )) that involves SEPA (( at all )) are advised to read the statutory and rule sections cited above.
* * *
D. (( Reserved. )) RCW 43.21C.420 bars certain SEPA appeals if the City has elected to adopt optional elements of the City's Comprehensive Plan or development regulations pursuant to RCW 43.21C.420. Unless an ordinance
enacting or amending the Comprehensive Plan or development regulations expressly recites that it is being adopted pursuant to the authority of RCW 43.21C.420, RCW 43.21C.420 does not affect the availability of appeals. If RCW 43.21C.420 applies to a
non-project EIS as described in RCW 43.21C.420, then unless the City Council by ordinance establishes a different time frame for submitting a complete application for purposes of RCW 43.21C.420 (5) with respect to that EIS, the time frame is 24 hours
following the date of issuance of the final EIS.
* * *
Section 52. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section
1.04.020.
Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this
_____ day of ___________________, 2012.
_________________________________
President __________of the City Council
Approved by me this ____ day of _____________________, 2012.
_________________________________
Michael McGinn, Mayor
Filed by me this ____ day of __________________________, 2012.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)
Rebecca Herzfeld; Ketil Freeman LEG Land Use Procedures ORD v16.docx July 2, 2012 Version #16