AN ORDINANCE relating to the referral of certain permit applications from the Department of Planning and Development to the Department of Neighborhoods for historic landmark review and amending Sections 25.05.800 and 25.12.370 of the Seattle Municipal Code.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 25.05.800 of the Seattle Municipal Code, which section was last amended by the ordinance introduced as Council Bill 117430, is amended as follows: 25.05.800 Categorical exemptions.

* * * B. Other Minor New Construction. The following types of construction shall be exempt except where undertaken wholly or in part on lands covered by water (unless specifically exempted in this subsection); the exemptions provided by this section shall apply to all licenses required to undertake the construction in question, except where a rezone or any license governing emissions to the air or discharges to water is required:

1. The construction or designation of bus stops, loading zones, shelters, access facilities and pull-out lanes for taxicabs, transit and school vehicles; 2. The construction and/or installation of commercial on-premises signs, and public signs and signals; 3. The construction or installation of minor road and street improvements such as pavement marking, freeway surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screen, safety barriers, energy attenuators, transportation corridor landscaping (including the application of Washington State Department of Agriculture approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality in accordance with WAC 24854-660), temporary traffic controls and detours, correction of substandard curves and intersections within existing rightsof-way, widening of a highway by less than a single lane width where capacity is not significantly increased and no new right-of-way is required, adding auxiliary lanes for localized purposes, (weaving, climbing, speed change, etc), where capacity is not significantly increased and no new right-ofway is required, channelization and elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation, installation of catchbasins and culverts, and reconstruction of existing roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes; 4. Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections A and B of this section, as well as fencing and the construction of small structures and minor accessory facilities; 5. Additions or modifications to or replacement of any building or facility exempted by subsections A and B of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class; (1) 6. The demolition of any structure or facility, the construction of which would be exempted by subsections A and B of this section, except for structures or facilities with recognized historical significance; (1) 7. The installation of impervious underground tanks, having a capacity of ten thousand (10,000) gallons or less; 8. The vacation of streets or roads; 9. The installation of hydrological measuring devices, regardless of whether or not on lands covered by water; 10. The installation of any property, boundary or survey marker, other than fences, regardless of whether or not on lands covered by water.

(1) Footnote for 25.05.800.B. 5 and B.6: Proposed actions that involve structures that exceed the following thresholds and that appear to meet criteria set forth in Chapter 25.12 for landmark designation are subject to referral to the Department of Neighborhoods pursuant to SMC 25.12.370:

Table A for Footnote (1) for 25.05.800.B.5 and B.6

Section 2. Section 25.12.370 of the Seattle Municipal Code, which section was last amended by Ordinance 121276, is amended as follows: 25.12.370 Nomination.

A. Any person including the Historic Preservation Officer and any member of the Board may nominate any site, improvement or object for designation as a landmark. Nominations may be made on official nomination forms provided by the Historic Preservation Officer, shall be filed with the Historic Preservation Officer, and shall include all data required by the Board. B. The Department of Planning and Development shall refer improvements, sites, or objects to the Landmarks Board that ((are subject to environmental review for a pending permit application)) exceed the thresholds in Tables A and B for Footnote (1) for 25.05.800.B.5 and B.6 , and that appear to meet criteria set forth in this chapter for landmark designation. The referral shall be in the form of a nomination and shall include the information required by the Board for a nomination. Board consideration of the referred building, site, or object shall proceed in the same manner as a nomination. C. Nominations found by the Historic Preservation Officer to contain adequate information shall be considered by the Board at a public meeting. The Historic Preservation Officer or the Board may amend or complete any nomination. The nominator may withdraw the nomination prior to the Board's meeting regarding it, unless the nomination is a referral from the Department of Planning and Development as part of its environmental review of pending permit applications.

Section 3. 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.

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President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

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Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

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Monica Martinez Simmons, City Clerk (Seal)