November 13, 2019

To: City Clerk

From: Sam Zimbabwe, SDOT Director

Re: 2020 Update to the Seattle Department of Transportation Street Use Fee Schedule

Effective Date: January 1, 2020

Supercedes: Attachment A to Ordinance 125706 and further amended by Ordinance 125945

Background: By Ordinance 125185, the Seattle Department of Transportation Director was authorized to adjust fees annually by the Consumer Price Index (CPI). Based on the CPI for Seattle-Tacoma-Bellevue, WA, All Urban Consumers published on September 12 by the Bureau of Labor Statistics, the 12-month percentage change from August 2018 to August 2019 indicated a 3.2% increase. The SDOT is providing notice of its intent to increase the following rates by 3.2% for 2020:

2019 2020

Hourly Review and Inspection Rate $269 $278

Premium Hourly rate for overtime inspections and review $538 $555

List Attachments:

Attachment A- Seattle Department of Transportation Street Use Fee Schedule

_________________________ ___________________

Sam Zimbabwe, Director Date

Attachment A - Table A

Seattle Department of Transportation Street Use Permit Fee Schedule, Effective January 1, 2020

Permit Type Base Permit Fee

ROW Management - Simple Review $155

ROW Management - Complex Review $324

Permit Modification $165

PSM Issuance Short-Term $181

PSM Issuance Long-Term, subject to PSM Renewal $232

PSM Renewal $176

Major Permits (SIP/UMP) $4,865

No Permit/No Job Start fee $311

Attachment A - Table A1

Other Rates and Charges

Hourly Review and Inspection Rate $278

Premium Hourly rate for overtime inspections and review $555

Attachment A - Table A2

Uses with no base permit fee

Use Description Use Code

planting strip gardening in improved right-of-way 1

tree planting, pruning, or removal 1A, 1B, and 1C

unimproved right-of-way and shoulder planting with minimal ground disturbance of 1 cubic yard or less 1D

miscellaneous uses for use of public places per SMC 15.04.100 54

residential street barricading associated with a Neighborhood Block Party or Play Street 54B

temporary barricading for public safety 54C

sidewalk, driveway, or curb repair and maintenance (less than 100 sq. ft.) including caulking, sealing, or grinding 55

First Amendment vending or expressive activity 19B/19K

public activation amenities, including street furniture, art 52

Attachment A - Table B1

Use Fee Model

Base Burden ($/ 100 sq.ft/day) Urban Center Urban Village Neither

Urban center/urban village/ neither $1.00 $0.70 $0.40

Mobility/Safety Factors

Arterial Non-arterial

Arterial/non-arterial $0.400 $0.150 X

Blocked Impacted Open

Transit facility blocked/impacted/open $0.015 $0.010 $ -

Bike facility blocked/impacted/open $0.015 $0.010 $ -

Pedestrian facility blocked/impacted/open $0.015 $0.010 $ -

(Base Rate + Mobility/Safety factors x (square feet occupied / 100) x (duration in the ROW)

Attachment A - Table B2

Use Fee Model

Cost per square foot per day

Arterial Street Non-arterial street

Month 1 as calculated above no fee

Month 2 x 2 as calculated above

Month 3 x 4 as calculated above

Month 4 x 8 x 2

Month 5 x12 x 2

Month 6 and 7 x 12 x 4

Month 8 and 9 x 12 x 8

Month 10 x 12 x 12

31D permits $.70 per square foot

Attachment A - Table B3

Applies to the following uses of the right of way:

Use Description Use Code Type of Permit

install or remove rockeries, retaining walls, fences, and other structures 29B ROW Complex

staging and material storage in transportation corridor 31 ROW Complex

storage and residential construction containers 31B ROW Simple

street and alley paving less than 750 sq. ft. 40 ROW Complex

installation, maintenance, or replacing transit infrastructure 41 ROW Complex

use of mobile crane, manlift, boom truck, pump truck, etc. 44 ROW Complex

non-walk thru structures such as scaffolding 50 ROW Complex

utility service or short main construction 51 ROW Complex

utility main construction 51A ROW Complex

installing, maintaining, replacing, or removing utility poles or street lights 51B ROW Complex

installing, maintaining, replacing, or removing utility aerial lines 51C ROW Complex

installing, maintaining, replacing, or removing natural gas lines or short gas mains 51D ROW Complex

utility maintenance work, no restoration 51E ROW Complex

utility service connection installed by private party 51G ROW Complex

installing or maintaining electrical or telecommunications lines 51H ROW Complex

preparatory or exploratory work 51I ROW Complex

installing or maintaining water lines 51J ROW Complex

installing or maintaining sewer or drainage lines 51K ROW Complex

maintaining existing transportation infrastructure 51L ROW Complex

utility restoration 51M ROW Complex

installation, maintenance, or replacing franchise utilities 51N ROW Complex

utility construction restoration 51M ROW Complex

Attachment A - Table C1

Signs Use Code one sign each additional sign

Advertising in the right of way, including directional signs, awning graphics, and related lighting 6 $0 $75

Attachment A - Table C2

These rates apply to the following permitted uses in the right of way:

Use Description Use Code Long-term Occupancy Fee

fixed ground signs 2A $767/sign

long-term maintenance of at-grade structures 7 see Table C3

structures, moorage, and overhangs in underwater streets 7A $2.18/sf

long-term maintenance of below- and above-grade structures, including elevated access structures 7C $.70/sf

long-term fenced material storage and private use 12 see Table C3

areaways existing prior to January 1, 1995: active 16 $.70/sf

merchandise displays 18A see Table C3

sidewalk cafes 18B see Table C3

curb space caf (paid parking) 18D see Table C3 + $3176/removed paid parking space

curb space caf (unpaid parking) 18E see Table C3 + $300/removed unpaid parking space

1st Amendment vending 19B $50/month

Stadium Event vending 19C see Table C3

vending from a public place sidewalk or plaza 19E see Table C3

food-vehicle zone vending (paid parking) 19G $478 (each 4-hr period x each day per week)

food-vehicle zone vending (unpaid parking) 19H $104 (each 4-hr period x each day per week)

1st Amendment expressive activity 19K $0/month

underground storage tank: non-decommissioned 21 $767/tank

permanent soldier piles 22B $1011/pile

structures, moorage, and overhangs in state waterways WW100 $2.18/sf

Attachment A - Table C3

Occupation Fee Model

At-grade structures, fenced storage, cafes, displays, and sidewalk/stadium vending, per square foot Urban Center Urban Village Neither

Arterial $1.40 $1.35 $0.90

Non-arterial $1.20 $1.15 $0.70

Attachment A - Table D1

Term Permit Fees Degree of Alienation

sub-surface utility tunnels/structures 0.3

vehicle/pedestrian tunnels 0.25

at-grade public plazas, artwork 0.1

structures, restricted access 0.8

utility structures 0.5

above grade overhead building structures 0.75

private use skybridges 2

semi-public use skybridges 0.75

public use skybridges 0.1

vehicle bridges 0.5

public use

vehicle ramps 0.2

other sustainable building features* 0.1

(land value) * (use area) * (rate of return) * (degree of alienation) = annual occupation fee

Programmatic Term Permit and Franchise Agreements: fee established by ordinance

* In order to quality for this degree of alienation factor, the development must be participating in the City's Living Building Program, be capable of achieving Leadership in Energy and Environmental Design (LEED) platinum certification, or both.

Attachment A - Table D2

Shoreline Street End Fees Use Description Use Code

shoreline street ends [land portion] 11

(land value) * (use area) * (rate of return) * (demand probability) * (maritime industrial use) = annual occupation fee

Attachment A - Table D3

Street Vacation Filing Fee

Street Vacation Filing Fee $6,500

Attachment A - Table E1

Citation Penalty Fee Schedule

Citation penalty fee

First Violation Second Violation Third Violation

Lot zone adjacent to the public place or permit type

Violator may be subject to subsequent violations within a one-year period

RSL, SF 5000, SF 7200, or SF 9600 ("Residential Zones"), Public Space Management Permits, or Maintenance Activities* $250 $500 $1,000

All other zones ("Non-Residential Zones") or Utility Construction Permits $1,000 $2,000 $4,000

Snow and ice removal** in RSL, SF 5000, SF 7200, or SF 9600 ("Residential Zones") $50 $50 $50

Snow and ice removal** in all other zones ("Non-Residential Zones") $250 $500 $1,000

*"Maintenance Activities" includes violations of Chapters 15.20 and 15.43 of the Seattle Municipal Code

**"Snow and ice removal" references Seattle Municipal Code Section 15.48.010

***

Attachment A - Definitions

The Department of Transportation is directed to use the vending Street Use permit fees credited to the Transportation Fund for the following purposes: administering the vending program, including notifying property owners abutting a proposed vending site designated by the Department of Transportation; verifying property boundaries and square footage of usage; designating pre-approved vending sites by the Department of Transportation; signing and demarcating designated vending sites and food-vehicle zones; attending meetings or hearings; preparing documents, legislation, forms, and notices; inspecting and enforcing permitted or illegal vending activity; or engaging in any other vending-related activity as directed by the Director of Transportation.

Fee Methodology Factors, Terms and Descriptions

Factor/Term Description

Simple Permit A simple permit is a permit that requires minimal or no review, such as a dumpster or storage container.

Complex Permit A complex permit requires technical review and coordination, such as a 50-foot utility trench, a tower crane or other construction.

PSM Public Space Management (PSM) issues permits ranging from short-term activation of the right of way (e.g., neighborhood block parties) to long-term renewing permits for private encroachments like retaining walls and sidewalk cafes. This includes term permits as well as pilot projects such as streateries and bike share. This applies to the following short-term use codes: 3A, 3B, 3C, 19B-19K, 52A, 54B. This applies to the following long-term use codes: 2A, 3D, 6, 7, 7A, 7C, 8, 11, 12, 14, 16, 18A, 18B, 18D, 18E, 19A, 21, 22B, 29A, 62, WW100, WW150

Short-Term Permits that are not renewed and are generally less than one year in duration.

Long-Term Permits that are scheduled to renew on an annual basis.

Land value: For Term permits, the value of the use area in the right-of-way shall be based on the abutting parcel's current per-square-foot land value as determined by the King County Assessor. If the use area extends beyond the right-of-way centerline or abuts multiple parcels, the permit fee shall be calculated by averaging the abutting parcels' current land values.

For Shoreline Street End permits, the value of the use area in the right-of-way shall be based on the abutting parcel's current per-square-foot land value as determined by the King County Assessor. If the use area extends beyond the centerline of the right-of-way or abuts multiple parcels, the permit fee shall be calculated for each portion of the use area according to the current per-square-foot land value of the abutting parcels.

If all parcels abutting the Term or Shoreline Street End permitted use area are government-owned and the parcels are not tax assessed in whole or in part by King County, the parcels shall be excluded when establishing the Term or Shoreline Street End permit fee. To determine the permit fee, the current per-square-foot land value as determined by the King County Assessor of the closest privately-owned parcel or parcels with the same zoning or shoreline designation of the Term or Shoreline Street End permitted use area shall be averaged. If the next closest privately-owned parcel or parcels do not have the same underlying zoning or shoreline designation as the abutting government-owned parcel, the Seattle Department of Transportation shall consult with the City Appraiser. The City Appraiser shall determine if the next closest parcel or parcels with similar zoning or shoreline designation reasonably establishes the current per-square-foot land value of the use area in the right of way for fee calculation purposes.

Use area: Square footage of the permitted encroachment in the right-of-way, as authorized by Seattle Department of Transportation.

Rate of return: Annualized rate of return on market value of the right-of-way, as established by the City Appraiser or a State of Washington Certified General Real Estate Appraiser retained by the Director of Transportation.

Degree of alienation: For Term permits, the degree of impact on the public, utilities, right-of-way, and other potential uses of the right-of-way based on City policy, as established by Seattle Department of Transportation. Refer to Attachment A-Table D1: Degree of Alienation Factor.

Demand probability: For Shoreline Street End permits, the estimated demand of probable use shall be based on factors that include, but are not limited to, location, access, size, view, and topography; as established by the City Appraiser or a State of Washington Certified General Real Estate Appraiser retained by the Director of Transportation. Refer to Ordinance 123611, Attachment A: Demand Probability Factor. The Director of Transportation is authorized to update Attachment A based upon the recommendations of the City Appraiser or a State of Washington Certified General Real Estate Appraiser. The new Demand Probability Factor shall become effective when the updated Demand Probability Factor is adopted by rule.

Maritime Industrial Use Discount Factor: To support the City's policies of protecting its maritime uses, a 50 percent discount factor shall apply to that portion of the Shoreline Street End occupied by a legally-established water-dependent or water-related use as defined in Seattle Municipal Code Section 23.60.944.

The Department of Transportation is directed to use the shoreline street end permit fees credited to the Transportation Operating Fund for the following purposes:

(a) Notifying property owners that abut shoreline street ends of the need for permits for private use of the street end and of the fee schedule;

(b) Administering and inspecting shoreline street end use;

(c) Verifying property boundaries and area of use;

(d) Matching funds for neighborhood improvements of shoreline street ends for public use;

(e) Signing, demarcating, and maintaining shoreline street ends;

(f) Funding street and sidewalk improvements within a half-block radius of any of the shoreline street ends identified in Exhibit A to Resolution 29370 that directly contribute to public access to the shoreline street end.