ORDINANCE _________________

AN ORDINANCE changing the name of the Department of Design, Construction and Land Use to the Department of Planning and Development; amending Seattle Municipal Code Chapter 3.06 to reflect this change and changing a fund name to reflect this change; amending Seattle Municipal Code Sections 23.60.908 and 23.84.008 to reflect this name change; updating other obsolete references throughout the Seattle Municipal Code; and authorizing the Code Reviser to make changes over time to all references elsewhere in the Seattle Municipal Code necessary to reflect the name change.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Chapter 3.06 of the Seattle Municipal Code is redesignated "Department of Planning and Development," and section 3.06.010 is amended as follows:

SMC 3.06.010 Department created.

A. There is created a Department of Design, Construction and Land Use Planning and Development for the purpose of providing stewardship of the City's Comprehensive Plan, taking a lead role in overseeing and implementing the Comprehensive Plan, and administering City ordinances which regulate building construction, the use of land, and housing.

B. As of January 1, 1999 the Department of Construction and Land Use shall be known as the Department of Design, Construction and Land Use. As of the effective date of this ordinance, the Department of Design, Construction and Land Use shall be known as the Department of Planning and Development.

C. As of January 1, 1999 As of the effective date of this ordinance, all references to "Construction and Land Use," "Design, Construction and Land Use", "Department of Construction and Land Use," "Department of Design, Construction and Land Use," "Director of Construction and Land Use," "Director of Design, Construction and Land Use," or the "Department of Construction and Land Use Fund," "Department of Design, Construction and Land Use Fund", and "DCLU" shall be are deemed to be references to "Design, Construction and Land Use Planning and Development "; "Department of Design, Construction and Land Use Planning and Development "; "Director of Design, Construction and Land Use Planning and Development"; or the "Department of Design, Construction and Land Use Planning and Development Fund", or "DPD", respectively, except where the historical reference to "Construction and Land Use," "Design, Construction and Land Use", "Department of Construction and Land Use," "Department of Design, Construction and Land Use," "Director of Construction and Land Use," "Director of Design, Construction and Land Use," or the "Department of Construction and Land Use Fund," "Department of Design, Construction and Land Use Fund", or "DCLU" is called for by context.

D. The City's Code Reviser is authorized to amend the Seattle Municipal Code over time as he or she deems appropriate in order to carry out this the name change authorized by this ordinance.

Section 2. Section 3.06.015 of the Seattle Municipal Code is amended as follows:

SMC 3.06.015 Hours of operation.

A. Except as set forth in subsection B of this section, the Applicant Services Center of the Department of Design, Construction and Land Use Planning and Development shall be open for transaction of business a total of at least forty-four (44) hours per week, between the hours of seven (7:00) a.m. and fivethirty (5:30) p.m., Mondays through Fridays. These hours may vary by day of the week.

B. In weeks containing one (1) or more days designated as holidays by RCW 1.16.050 or containing Martin Luther King, Jr.'s birthday holiday, the third Monday of January, the Applicant Services Center of the Department of Design, Construction and Land Use Planning and Development shall be closed on those days, but shall be open a total of at least forty-four (44) hours less the number of hours it would normally be open on the weekdays on which holidays fall in that week.

C. The Director of Design, Construction and Land Use Planning and Development shall establish and may revise from time to time the business hours of the Applicant Services Center of the Department of Design, Construction and Land Use Planning and Development by rule promulgated in accordance with Chapter 3.02 of the Seattle Municipal Code.

Section 3. Section 3.06.020 of the Seattle Municipal Code is amended as follows:

SMC 3.06.020 Director -Appointment and removal.

The Director of Design, Construction and Land Use Planning and Development shall be appointed by the Mayor and confirmed by a majority of the City Council subject to reappointment and reconfirmation every four (4) years; and the Mayor may at any time remove the Director of Design, Construction and Land Use Planning and Development upon filing a statement of reasons therefor with the City Council.

Section 4. Section 3.06.030 of the Seattle Municipal Code is amended as follows:

SMC 3.06.030 Director -Powers and duties.

The Director of the Department of Design, Construction and Land Use Planning and Development, under direction of the Mayor, shall manage the Department of Design, Construction and Land Use Planning and Development, appoint, assign and dismiss all employees in conformance with the City's personnel ordinances and rules, and perform the following functions:

A. Enforcing building ordinances of the City, including but not limited to the provisions of the Building Code; the Electrical Code; the Mechanical Code; the Housing and Building Maintenance Code; the Land Use Code; the Pioneer Square Minimum Maintenance Ordinance; the Condominium Conversion Ordinance; the Energy Code; the Stormwater, Grading and Drainage Control Ordinance; and appropriate regulations;

B. Processing applications for construction permits, for grading permits, for use permits, for zoning exceptions, for subdivisions and for other land use approvals, including those related to shorelines management, but excluding those related to historic preservation;

C. Stewarding, overseeing and implementing the City's Comprehensive Plan, including monitoring and proposing updates to the Comprehensive Plan, related plans associated with growth management and the shoreline master program as required or directed;

D. Preparing and maintaining and proposing updates of such sub-area land use plans as required or directed;

E. Conducting reviews of the effects of proposed projects on the environment, as contemplated in the State Environmental Policy Act and City ordinances;

F. Promoting the conservation of the City's housing stock;

G. Maintaining appropriate records regarding property, permits and structures;

H. Providing appropriate administrative and staff support to the Seattle Planning Commission and the Seattle Design Commission; provided, however, that a) the independence of the Planning Commission recommendations pursuant to Article XIV, Section 3 of the City Charter is preserved, b) that the Planning Commission is able to respond to requests and provide advice to the Mayor and/or Council at its discretion, and c) the Commission is able to participate in the selection of staff to support the Commission and have approval authority with respect to the selection and assignment of the principal staff person;

I. Discharging such other responsibilities as may be directed by ordinance.

The Director shall consult on all matters of structural strength and design with an assistant who is a licensed structural engineer or architect with at least five (5) years' experience in the practice of his/her profession, unless the Director possesses such qualifications. Moreover, the Director shall consult on all matters concerning compliance with design guidelines with a qualified architect or urban designer with at least five (5) years of experience in the practice of his/her profession, unless the Director possesses such qualifications.

Section 5. Section 3.06.040 of the Seattle Municipal Code is amended as follows:

SMC 3.06.040 Director Agreements, rules and regulations.

The Director of Design, Construction and Land Use Planning and Development is authorized to enter into such agreements, including interdepartmental agreements, consistent with provisions of law and the City Charter, as he or she shall deem appropriate for carrying out the responsibilities, functions, and activities of the Department of Design, Construction and Land Use Planning and Development and may establish such rules, procedures and regulations, consistent with this chapter and other ordinances, as may appear necessary and proper.

Section 6. Section 3.06.050 of the Seattle Municipal Code is amended as follows:

SMC 3.06.050 Director Fees and charges.

The Director of Design, Construction and Land Use Planning and Development shall charge such fees for licenses, permits, inspections, reviews and other services and approvals as may be provided by ordinance.

Section 7. Section 3.06.055 of the Seattle Municipal Code is amended as follows:

SMC 3.06.055 Restricted Set-Asides.

A. The Director of Executive Administration shall create within the Department of Design, Construction and Land Use Planning and Development Fund a set-aside account funded from regulatory fees and other money allotted thereto, for the accumulation of setasides for the following municipal purposes:

1. Staffing Stability -to allow the Department of Design, Construction and Land Use Planning and Development to retain trained staff during cyclical economic downturns so that the experience and abilities of that staff are available to customers when the economy again turns upward.

2. Technology -to accumulate needed funding to assure that major technology systems of the Department of Design, Construction and Land Use Planning and Development can be upgraded or replaced when necessary.

3. Technology Currency -to hold funds adequate to accomplish normal personal computer replacements for the Department of Design, Construction and Land Use Planning and Development for a single year so that normal upgrades can occur even in the trough of an economic downturn.

4. Strategic Planning and Implementation -to allow the Department of Design, Construction and Land Use Planning and Development to plan ahead for continuous process improvements to better serve its customers, and to implement those plans, including staff training and equipment.

B. 1. Expenditures from the set-aside account shall be made only when expressly authorized by the City Council either by identification in the budget ordinance or other ordinance, or as set out in subsection B2 below with respect to the staffing stability set-aside.

2. The Director of Department of Design, Construction and Land Use Planning and Development may, within the limits of that department's budgeted expenditure authority, draw on the appropriate subdivision of the staffing stability set-aside for the purpose established in subsection A1 to pay staffing costs associated with a particular regulatory revenue source, but only when doing so is consistent with the most recently adopted financial policies for the department. The Director shall provide sixty (60) days notice in advance to the chair of the City Council's Finance, Budget and Economic Development Committee, or its successor committee with responsibility for making recommendations on legislative matters relating to budget and financing of each proposed use of the staffing stability set-aside under authority of this subsection B2.

Section 8. Section 3.06.080 of the Seattle Municipal Code is amended as follows:

SMC 3.06.080 Continuation of rules and regulations.

All rules, regulations and procedures in effect as of December 31, 1998 the effective date of this ordinance, with respect to the activities carried on by the Department of Design, Construction and Land Use shall continue to be in effect until they expire of their own terms or are superseded by new rules, procedures and regulations adopted in conformance with the Administrative Code or other applicable law.

Section 9. Subsections D and E in Section 6.82.020 of the Seattle Municipal Code are amended as follows:

SMC 6.82.020 Definitions

* * *

D. "Department" means the Department of Design, Construction and Land Use Planning and Development.

E. "Director" means the Director of the Department of Design, Construction and Land Use Planning and Development or his/her duly authorized representative.

* * *

Section 10. Subsections 'Department' and 'Director' in Section 6.230.030 of the Seattle Municipal Code are amended as follows:

SMC 6.230.030 Definitions

* * *

"Department" means the Department of Design, Construction and Land Use Planning and Development.

"Director" means the Director of the Department of Design, Construction and Land Use Planning and Development and authorized representatives.

* * *

Section 11. Subsection "Department" in Section 7.24.020 of the Seattle Municipal Code is amended as follows:

SMC 7.24.020 Definitions.

As used in this chapter:

"Department" means the Department of Construction and Land Use (DCLU) Planning and Development or its successor.

* * *

Section 12. Subsection B in Section 10.52.010 of the Seattle Municipal Code is amended as follows:

SMC 10.52.010 Definitions.

* * *

B. "Director" means the Director of the Department of Construction and Land Use Planning and Development, or the Director's designee.

* * *

Section 13. Subsection D in Section 15.02.042 of the Seattle Municipal Code is amended as follows:

SMC 15.02.042 Definitions A through C

* * *

D. "Authorizing official" means the Director of Transportation, the Director of Construction and Land Use Planning and Development, the Superintendent of Parks and Recreation, or the Seattle Center Director, identified in Section 15.04.015, as the case may be.

* * *

Section 14. Subsection B in Section 15.02.044 of the Seattle Municipal Code is amended as follows:

SMC 15.02.044 Definitions D through M

* * *

B. "Director of Construction and Land Use" means the City Director of the Department of Construction and Land Use Planning and Development, and his or her authorized representatives.

* * *

Section 15. Subsections A and C in Section 15.04.015 of the Seattle Municipal Code are amended as follows:

SMC 15.04.015 Authorizing official.

A. The Director of Construction and Land Use Planning and Development may authorize the construction of a curb cut, a sidewalk cafe, or a structural building overhang, or reconstruction of an areaway in a public place under the Master Use Permit procedures of Chapter 23.76, particularly Section 23.76.006 B6, or removal of trees and vegetation located in an environmentally critical area under Chapter 25.09. An authorization for construction in a park drive, boulevard, or area under the jurisdiction of the Superintendent of Parks and Recreation identified in Appendix I or shown on the map as Appendix II is dependent upon (a) a description of the encroachment or use in the application for the Master Use Permit or the accompanying materials; (b) its identification as park drive, boulevard, or property under the jurisdiction of the Superintendent of the area to be used; (c) the written concurrence of the Superintendent; (d) payment of applicable fees; and (e) if there is a modification, written concurrence of the Superintendent thereto. Continuation of such uses after completion of construction is subject to compliance with the terms and conditions of this title; inspection and administration by the Director of Transportation or the Superintendent, as the case may be; and payment of an annual fee, if applicable.

* * *

C. The Director of Transportation has authority to issue use and occupation of, and administer this title for, all other public places and for uses other than those authorized to the Director of Construction and Land Use Planning and Development under Chapter 23.76. The Director of Transportation may delegate to the Director of the Seattle Center the administration of permits for streets within the Seattle Center, and to the Superintendent the administration of permits for sidewalks and planting strips adjacent to parks.

* * *

Section 16. Subsection C4b in Section 15.32.300 of the Seattle Municipal Code is amended as follows:

SMC 15.32.300 Attachments to City-owned Poles

* * *

b. Class II attachment requests are subject to public notice and comment. Approval of attachments may include requirements for extra mitigation measures in certain areas, such as residential, critical areas and shoreline zones, greenbelts, parks, historic districts and view-sheds. All such extra measures, including any additional public involvement and/or environmental review, shall be taken in accordance with directives from the Superintendent of the City Light Department, and all costs associated with such extra measures and review shall be paid by the applicant. Where a request meets the following criteria in Seattle, the applicant shall apply to DCLU the Department of Planning and Development and pay for an attachment siting review and recommendation consistent with the application, fee, notice, timeline and criteria for an administrative conditional use permit. The DCLU recommendation of the Department of Planning and Development shall be advisory to the Superintendent: Zoning Pole Street Height Height Zone Type Limit Requested

SF, L-1, NC-1 Nonarterial <40 <60

SF, L-1, NC-1 Arterial <40 >60

L-2, L-3, L-4, Either <40 >60 NC-2

NC-3, C, I, MI Either <40 >60

Section 17. Subsection 5 in Section 21.16.030 of the Seattle Municipal Code is amended as follows:

SMC 21.16.030 Definitions

* * *

5. "Director of Construction and Land Use" means the Director or employees of The City of Seattle Department of Construction and Land Use Planning and Development.

* * *

Section 18. Subsection A in Section 22.204.050 of the Seattle Municipal Code is amended as follows:

SMC 22.204.050 Definitions -D.

A. "Director" means the Director of the Department of Design, Construction and Land Use Planning and Development for the City of Seattle and/or the Director's designee.

* * *

Section 19. Subsections A and C1p in 22.206.160 of the Seattle Municipal Code are amended as follows:

SMC 22.206.160 Duties of Owners

A. It shall be the duty of all owners, regardless of any lease provision or other agreement that purports to transfer the owner' s responsibilities hereunder to an operator, manager or tenant, to:

1. Remove all garbage, rubbish and other debris from the premises;

2. Secure any building which became vacant against unauthorized entry as required by Section 22.206.200 of this Code;

3. Exterminate insects, rodents and other pests which are a menace to public health, safety or welfare. Compliance with the Director's Rule governing the extermination of pests shall be deemed compliance with this subsection 3;

4. Remove from the building or the premises any article, substance or material imminently hazardous to the health, safety or general welfare of the occupants or the public, or which may substantially contribute to or cause deterioration of the building to such an extent that it may become a threat to the health, safety or general welfare of the occupants or the public;

5. Remove vegetation and debris as required by SMC Section 10.52.030;

6. Lock or remove all doors and/or lids on furniture used for storage, appliances, and furnaces which are located outside an enclosed, locked building or structure;

7. Maintain the building and equipment in compliance with the minimum standards specified in Sections 22.206.010 through 22.206.140 and in a safe condition, except for maintenance duties specifically imposed in Section 22.206.170 on the tenant of the building; provided that this subsection 7 shall not apply to owneroccupied dwelling units in which no rooms are rented to others;

8. Affix and maintain the street number to the building in a conspicuous place over or near the principal street entrance or entrances or in some other conspicuous place. This provision shall not be construed to require numbers on either appurtenant buildings or other buildings or structures where the Director finds that the numbering is not appropriate. Numbers shall be easily legible, in contrast with the surface upon which they are placed. Figures shall be no less than two (2) inches high;

9. Maintain the building in compliance with the requirements of Section 104(d) of the Seattle Building Code;

10. Comply with any emergency order issued by the Department of Construction and Land Use Planning and Development; and

11. Furnish tenants with keys for the required locks on their respective housing units and building entrance doors.

* * *

p. A tenant, or with the consent of the tenant, his or her subtenant, sublessee, resident or guest, has engaged in criminal activity on the premises, or on the property or public right-of-way abutting the premises, and the owner has specified in the notice of termination the crime alleged to have been committed and the general facts supporting the allegation, and has assured that the Department of Design, Construction and Land Use Planning and Development has recorded receipt of a copy of the notice of termination. For purposes of this subsection a person has "engaged in criminal activity" if he or she:

i. Engages in drug-related activity that would constitute a violation of RCW Chapters 69.41, 69.50 or 69.52, or

ii. Engages in activity that is a crime under the laws of this state, but only if the activity substantially affects the health or safety of other tenants or the owner.

* * *

Section 20. Subsection D in Section 22.210.030 of the Seattle Municipal Code is amended as follows:

SMC 22.210.030 Definitions

* * *

D. "Director" means the Director of the Department of Construction and Land Use Planning and Development, or the Director's designee.

* * *

Section 21. Subsection A in Section 22.220.040 of the Seattle Municipal Code is amended as follows:

SMC 22.220.040 Definitions.

A. "Director" means the director of the Department of Construction and Land Use Planning and Development or the Director's designee.

* * *

Section 22. Section 22.801.010 of the Seattle Municipal Code is amended as follows:

SMC 22.801.010 General.

For the purpose of this subtitle, the words listed in this chapter have the following meanings, unless the context clearly indicates otherwise. Terms relating to pollutants and to hazardous wastes, materials, and substances, where not defined in this subtitle, shall be as defined in Washington Administrative Code Chapters 173-303, 173-304 and 173-340, the Seattle Building Code or the Seattle Fire Code, including future amendments to those codes. Words used in the singular include the plural, and words used in the plural include the singular.

Effective July 5, 2000, all All references in the Seattle Municipal Code Chapters 22.800 through 22.808 to "SPU" shall be deemed references to "Seattle Public Utilities". All references in the Seattle Municipal Code Chapters 22.800 through 22.808 to "Department of Construction and Land Use," "Department of Design, Construction and Land Use," "Director of Construction and Land Use," "Director of Design, Construction and Land Use," or "Seattle Public Utilities", "DCLU", shall be deemed references to "DCLU," "DCLU," "Director of DCLU," "Director of "DCLU" or "SPU," respectively "Department of Planning and Development", "Director of Planning and Development" or "DPD". The City's code reviser is authorized to amend the Seattle Municipal Code Chapters 22.802 through 22.808 over time as he or she deems appropriate in order to carry out these changes.

Section 23. Subsection A in Section 22.900A.020 of the Seattle Municipal Code is amended as follows:

22.900A.020 Purpose.

A. It is the purpose of this subtitle to prescribe equitable fees and fee collection policies for all services provided by the Department of Design, Construction and Land Use Planning and Development, hereafter, "Department" or "DCLU" which are sufficient to support the permitting and permit inspection functions of the Department.

* * *

Section 24. Subsection F in Section 22.903.020 of the Seattle Municipal Code is amended as follows:

22.903.020 Definitions.

* * *

F. "Director" means the Director of the Seattle Department of Construction and Land Use Planning and Development or the Director's designee.

* * *

Section 25. Subsection B in Section 22.904.010 of the Seattle Municipal Code is amended as follows:

SMC 22.904.010 Definitions.

* * *

B. "Certificate of completion" means the Director of the Department of Construction and Land Use's Planning and Development's written notice to the mobile home park owner that the owner has satisfactorily complied with the provisions of an approved relocation report and plan, has complied with eviction notice requirements of RCW 59.20.080 and 59.21.030, complied with relocation assistance requirements of RCW 59.21.020, and, in the case of a change of use, complied with any additional conditions of the master use permit. The certificate of completion certifies the effective date of such change of use or closure of a mobile home park.

* * *

Section 26. Subsection 'Director' in Section 23.60.908 of the Seattle Municipal Code is amended as follows:

SMC 23.60.908 Definitions -D.

* * *

"Director" means the Director of the Department of Construction and Land Use Planning and Development of The City of Seattle.

* * *

Section 27. Subsections 'Department' and 'Director' in Section 23.84.008 of the Seattle Municipal Code are amended as follows:

SMC 23.84.008 "D"

* * *

"Department" means the Department of Construction and Land Use Planning and Development.

* * *

"Director" means the Director of the Department of Construction and Land Use Planning and Development, or the Director's designee.

* * *

Section 28. Section 25.08.060 of the Seattle Municipal Code is amended as follows:

SMC 25.08.060 Administrator.

"Administrator" means the Director of the Department of Construction and Land Use Planning and Development or his or her authorized representative, except that the Director of the Seattle-King County Department of Public Health-Seattle and King County or his or her authorized representative shall continue to be the "Administrator" of Subchapter VII Variances through December 31, 1993.

Section 29. Subsection 'Director' in Section 25.09.420 of the Seattle Municipal Code is amended as follows:

SMC 25.09.420 Definitions.

* * *

"Director" means the Director of the Department of Construction and Land Use Planning and Development or his or her designee.

* * *

Section 30. Subsections 'Director' and 'Exceptional tree' in Section 25.11.020 of the Seattle Municipal Code are amended as follows:

SMC 25.11.020 Definitions.

* * *

"Director" means the Director of the Department of Design, Construction and Land Use Planning and Development.

* * *

"Exceptional tree" means a tree that because of its unique historical, ecological, or aesthetic value constitutes an important community resource, and is designated as such by the Director according to standards and procedures promulgated by the Department of Design, Construction and Land Use Planning and Development.

* * *

Section 31. Section 25.12.115 of the Seattle Municipal Code is amended as follows:

SMC 25.12.115 Director of Construction and Land Use.

All references in Seattle Municipal Code Chapter 25.12 to "Director of Construction and Land Use" and "Director of Design, Construction and Land Use" is are deemed references to the Director of the Department of Construction and Land Use Planning and Development of the City or such other official as may be designated from time to time to issue permits for construction, alteration, reconstruction, or demolition of improvements upon real property in the City.

Section 32. Subsections F and I in Section 25.20.010 of the Seattle Municipal Code are amended as follows:

SMC 25.20.010 Definitions.

* * *

F. "Department or Director of Construction and Land Use" is the Department or Director of Construction and Land Use Planning and Development of the City of Seattle or such other official as may be designated from time to time to issue permits for construction or demolition of improvements upon real property in the City.

* * *

I. "Significant change" is any change in external appearance, other than routine maintenance or repair in kind, not requiring a permit from the Director of Construction and Land Use Planning and Development, but for which a certificate of approval is expressly required by the Landmarks Board and by this chapter.

Section 33. Subsection E in Section 25.22.020 of the Seattle Municipal Code is amended as follows:

SMC 25.22.020 Definitions

* * *

E. "Director" is the Director of the Department of Construction and Land Use Planning and Development of the City or such other official as may be designated from time to time to issue permits for construction, alteration, reconstruction or demolition of improvements upon real property in the City.

* * *

Section 34. Subsections B and C in Section 25.22.130 of the Seattle Municipal Code are amended as follows:

SMC 25.22.130 Appeal to Hearing Examiner.

* * *

B. When the proposed action that is the subject of the certificate of approval is also the subject of one (1) or more related permit applications under review by the Department of Design, Construction and Land Use Planning and Development, then the appellant must also file notice of the appeal with the Department of Design, Construction and Land Use Planning and Development, and the appeal of the certificate of approval shall not be heard until all of the time periods for filing administrative appeals on the other permits have expired except that an appeal of a certificate of approval for the preliminary design or for subsequent design phases may proceed immediately according to Section 25.22.100 without being consolidated. If one (1) or more appeals are filed regarding the other permits, then the appeal of the certificate of approval shall be consolidated with them and shall be heard according to the same timelines established for the other appeals, except that appeals to the State Shoreline Hearings Board shall proceed independently according to the timelines set by the state for such appeals, and except that an appeal of a certificate of approval for a preliminary design or for a subsequent design phase may proceed according to Section 25.22.100 without being consolidated. If the related permit decisions would not be appealable, then the appeal of the certificate of approval decision shall proceed immediately after it is filed.

C. The applicant for the certificate of approval may elect to have the appeal proceed immediately rather than postponed for consolidation with appeals of related permit applications, if the applicant agrees in writing that the Department of Design, Construction and Land Use Planning and Development may suspend its review of the related permits, and that the time period for review of those permits shall be suspended until the Hearing Examiner issues a decision on the appeal of the certificate of approval.

* * *

Section 35. Subsections B and C in Section 25.24.080 of the Seattle Municipal Code are amended as follows:

SMC 25.24.080 Appeal to Hearing Examiner.

* * *

B. When the proposed action that is the subject of the certificate of approval is also the subject of one (1) or more related permit applications under review by the Department of Design, Construction and Land Use Planning and Development, then the appellant must also file notice of the appeal with the Department of Design, Construction and Land Use Planning and Development, and the appeal of the certificate of approval shall not be heard until all of the time periods for filing administrative appeals on the other permits have expired except that an appeal of a certificate of approval for the preliminary design or for subsequent design phases may proceed immediately according to Section 25.24.060 without being consolidated. If one (1) or more appeals are filed regarding the other permits, then the appeal of the certificate of approval shall be consolidated with them and shall be heard according to the same timelines established for the other appeals, except that appeals to the State Shoreline Hearings Board shall proceed independently according to the timelines set by the state for such appeals and except that an appeal of a certificate of approval for a preliminary design or for a subsequent design phase may proceed according to Section 25.24.060 without being consolidated. If the related permit decisions would not be appealable, then the appeal of the certificate of approval decision shall proceed immediately after it is filed.

C. The applicant for the certificate of approval may elect to have the appeal proceed immediately rather than postponed for consolidation with appeals of related permit applications, if the applicant agrees in writing that the Department of Design, Construction and Land Use Planning and Development may suspend its review of the related permits, and that the time period for review of those permits shall be suspended until the Hearing Examiner issues a decision on the appeal of the certificate of approval.

* * *

Section 36. Subsection H in Section 25.28.230 of the Seattle Municipal Code is amended as follows:

SMC 25.28.230 Definitions.

* * *

H. "Superintendent" means the Director of Construction and Land Use Planning and Development and shall also include any duly authorized representative of the Director.

Section 37. In all ordinances passed prior to this ordinance, including both codified and uncodified ordinances, references to the "Department" or "Director of Construction and Land Use," "Design, Construction and Land Use" or "DCLU," shall be deemed references to the "Department" or "Director of Planning and Development" or "DPD," except when the historical reference to "Department" or "Director of Construction and Land Use," "Design Construction and Land Use" or "DCLU" is called for by context.

Section 38. In the event any section or subsection of the Seattle Municipal Code authorized to be amended herein has heretofore been repealed, that earlier repeal shall be given full effect, and nothing in this ordinance shall be construed to re-enact or preserve that section or subsection.

Section 39. In the event a subsequent ordinance refers to a position, office, or department name amended or authorized to be amended by this ordinance, it is the express intent of the City Council that that reference shall be deemed to mean the new name of the office, position, or department as set forth in this ordinance, and shall not be construed to resurrect the old name of the position, office, or department unless expressly provided by reference to this ordinance.

Section 40. It is the express intent of the City Council that, in the event a subsequent ordinance refers to or amends a section or subsection of the Seattle Municipal Code authorized to be amended by this ordinance, but the later ordinance fails to account for the name change made by this ordinance, the later ordinance shall be deemed to refer to the new name of the department.

Section 41. Severability. The several provisions of this ordinance are declared to be separate and severable and the invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this ordinance of the validity of its application to other persons or circumstances.

Section 42. Any act consistent with the authority and before the effective date of this ordinance is hereby ratified and confirmed.

Section 43. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of _________, 2003, and signed by me in open session in authentication of its passage this _____ day of __________, 2003.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2003.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2003.

____________________________________

City Clerk

(Seal)

Maureen Traxler/MT

DPD name change ordinance.doc

July 28, 2003

version #4