AN ORDINANCE relating to land use and zoning and to uses in the City's street rights-of-way, providing for a permitting and approval system for monorail transit facilities as may be proposed by a city transportation authority; amending Seattle Municipal Code sections 23.41.004, 23.47.012, 23.49.011, 23.50.024, 23.50.026, 23.50.028, 23.76.004, 23.76.006, 23.80.004, 23.84.006, 23.84.010, 23.84.025, 23.84.038; and adding a new chapter 15.54 to the Seattle Municipal Code.

WHEREAS, in 2002, the Washington State Legislature enacted 2002 Washington Laws, ch. 248 (which was primarily codified as RCW Chapter 35.95A) to allow voters to create a "city transportation authority," a municipal corporation that would have the power to plan, construct, and operate a monorail transportation system; and

WHEREAS, in July 2002, the City of Seattle expressed its intent in Resolution 30486 to facilitate fast, coordinated, cost-effective construction of a Seattle monorail system, including expedited review and approvals; and

WHEREAS, on November 5, 2002, Seattle voters passed Seattle Citizen Petition No. 1, creating the Seattle Popular Monorail Authority (known as the "Seattle Monorail Project") pursuant to RCW Chapter 35.95A, requiring the Seattle Monorail Project to adopt the Seattle Popular Monorail Plan, and approving local funding for implementation of Phase One of the Seattle Popular Monorail Plan; and

WHEREAS, the City of Seattle enacted Ordinance No. 121134 in April 2003 authorizing execution of an Agreement for Intergovernmental Cooperation between the City and the Seattle Monorail Project, in which the City and the Seattle Monorail Project recognized that the monorail transit facilities constituting Phase One of the Seattle Popular Monorail Plan are an essential public facility within the meaning of the state Growth Management Act and that the timely and cost-effective construction of Phase One may require some changes to City development regulations so that they incorporate monorail transit facilities; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection C of Section 23.41.004 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended as follows:

23.41.004 Applicability.

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C. Exemptions. The following structures are exempt from design review:

1. New structures located within special review districts, as regulated by Chapter 23.66;

2. New structures within Landmark districts as regulated by SMC Title 25, Environmental Protection and Historic Preservation;

3. New structures that are within the historic character area of the Downtown Harborfront 1 zone, as regulated by Section 23.60.704, or are otherwise required to undergo shoreline design review as regulated by Chapter 23.60; and

4. New monorail transit facilities that have been subject to review by the Seattle Design Commission.

Section 2. Subsections A and D of Section 23.47.012 of the Seattle Municipal Code, which section was last amended by Ordinance 121051, is amended as follows:

23.47.012 Structure height and floor area ratio.

A. Maximum Height. The maximum structure height for commercial zones shall be thirty (30) feet, forty (40) feet, sixty-five (65) feet, eighty-five (85) feet, one hundred twenty-five (125) feet, or one hundred sixty (160) feet, as designated on the Official Land Use Map, Chapter 23.32. In addition, except that mixed use structures located in commercial zones with a thirty (30) foot or forty (40) foot height limit may exceed the height limit of the zone according to the provisions of Section 23.47.008, and except that monorail transit facilities may exceed the height limit of the zone according to the provisions of Section 23.80.004 or Section 15.54.020 .

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D. Exemptions from FAR Calculations. The following areas shall be exempted from FAR calculations:

1. All gross floor area below grade;

2. All gross floor area used for accessory parking.; and

3. All gross floor area of a monorail station, including all floor area open to the general public during normal hours of station operation (but excluding retail or service establishments to which public access is limited to customers or clients, even where such establishments are primarily intended to serve monorail riders).

Section 3. Subsection B of Section 23.49.011 of the Seattle Municipal Code, which section was last amended by Ordinance 120443, is amended as follows:

23.49.011 Floor area ratio.

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B. Exemptions and Deductions from FAR Calculations.

1. The following are not included in chargeable floor area, except as specified below in this section:

a. Retail sales and service uses and entertainment use in the DRC zone up to a maximum FAR of two (2);

b. Street level uses meeting the requirements of Section 23.49.025, Street-level use requirements, whether or not street-level use is required pursuant to Map 1H, if the uses and structure also satisfy the following standards:

(1) The street level of the structure containing the exempt space must have a minimum floor to floor height of thirteen (13) feet;

(2) The street level of the structure containing the exempt space must have a minimum depth of fifteen (15) feet;

(3) Overhead weather protection is provided satisfying the provisions of 23.49.025B5.

c. In the DRC zone, shopping corridors and retail atriums;

d. Child care;

e. Human service use;

f. Residential use, except in the PMM and DH2 zones;

g. Museums;

h. Performing arts theaters;

i. Floor area below grade;

j. Floor area that is used only for short-term parking or parking accessory to residential uses, or both, subject to a limit on floor area used wholly or in part as parking accessory to residential uses of one (1) parking space for each dwelling unit on the lot with the residential use served by the parking; and

k. Floor area of a public benefit feature that would be eligible for a bonus on the lot where the feature is located. The exemption applies regardless of whether a floor area bonus is obtained, and regardless of maximum bonusable area limitations;

l. Public restrooms.; and

m. All gross floor area of a monorail station, including all floor area open to the general public during normal hours of station operation (but excluding retail or service establishments to which public access is limited to customers or clients, even where such establishments are primarily intended to serve monorail riders).

2. As an allowance for mechanical equipment, three and one-half (3 1/2 ) percent of the gross floor area of a structure shall be deducted in computing chargeable gross floor area. The allowance shall be calculated on the gross floor area after all exempt space permitted under subsection B1, or B3 if applicable, has been deducted. Mechanical equipment located on the roof of a structure, whether enclosed or not, shall be calculated as part of the total gross floor area of the structure, except that for structures existing prior to June 1, 1989, new or replacement mechanical equipment may be placed on the roof and will not be counted in gross floor area calculations.

3. In lieu of the exemptions allowed in subsection B1 of this section, an applicant may elect in writing, at the time of filing of an original master use permit application that involves the proposed addition or change of use of floor area on any lot wholly within a DMC zone on which no bonus floor area has been or is proposed to be gained under Section 23.49.012 or Section 23.49.013, that the following areas on such lot shall be exempt from base and maximum FAR calculations:

a. All gross floor area in residential use, except on lots from which development rights have been or are transferred;

b. All gross floor area below grade;

c. All gross floor area used for accessory parking;

d. The gross floor area of public benefit. features, other than housing, that satisfy the requirements of Section 23.49.126, ratios for public benefit features, or that satisfy the requirements for a FAR bonus amenity allowable to a structure in a DOC1 or DOC2 zone for an off-site public benefit feature, and, in either case, satisfy the Public Benefit Features Rule, whether granted a floor area bonus or not, regardless of the maximum bonusable area limitation.

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Section 4. Subsection A of Section 23.50.024 of the Seattle Municipal Code, which section was last amended by Ordinance 113658, is amended as follows:

23.50.024 Industrial Buffer Structure height.

A. Except as regulated in the Airport District Regulations at Chapter 23.64, and except that monorail transit facilities may exceed the height limit of the zone according to the provisions of Section 23.80.004 or Section 15.54.020, Tthere shall be no maximum height limit in the Industrial Buffer (IB) zone except other than for those specific uses listed in subsection B of this section and except for those circumstances outlined in subsections C, D, E and F except as regulated in the Airport District Regulations at Chapter 23.64.

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Section 5. Subsection A of Section 23.50.026 of the Seattle Municipal Code, which section was last amended by Ordinance 120609, is amended as follows:

23.50.026 Structure height in IC zones.

A. Except for the provisions of Section 23.50.020, and except as may be otherwise provided in this title for any overlay district, and except that monorail transit facilities may exceed the height limit of the zone according to the provisions of Section 23.80.004 or Section 15.54.020, the maximum structure height for all uses shall be thirty (30) feet, forty-five (45) feet, sixty-five (65) feet, eighty-five (85) feet or one hundred twenty-five (125) feet, as designated on the Official Land Use Map, Chapter 23.32. Only areas in the Stadium Transition Area Overlay District abutting the PSM 85/120 zone may be designated for a height limit of one hundred twenty-five (125) feet.

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Section 6. Subsection E of Section 23.50.028 of the Seattle Municipal Code, which section was last amended by Ordinance 119370, is amended as follows:

23.50.028 Floor area ratio.

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E. All Industrial Zones, Exemptions from FAR Calculations. The following areas shall be exempt from FAR calculations:

1. All gross floor area below grade;

2. All gross floor area used for accessory parking;

3. All gross floor area used for mechanical equipment, stair and elevator penthouses and communication equipment and antennas located on the rooftop of structures;

4. All gross floor area uses for covered rooftop recreational space of a building existing as of December 31, 1998, when complying with the provisions of Section 23.50.012 D.;

5. All gross floor area of a monorail station, including all floor area open to the general public during normal hours of station operation (but excluding retail or service establishments to which public access is limited to customers or clients, even where such establishments are primarily intended to serve monorail riders).

Section 7. Chart A of Section 23.76.004 of the Seattle Municipal Code, which section was last amended by Ordinance 119974, is amended as follows:

Exhibit 23.76.004A

LAND USE DECISION FRAMEWORK DIRECTOR'S AND HEARING EXAMINER'S DECISIONS REQUIRING MASTER USE PERMITS

TYPE I TYPE II TYPE III Director's Decision Director's Decision Hearing Examiner's (No Administrative (Appealable to Hearing Decision Appeal) Examiner*) (No Administrative Appeal)

Compliance with Temporary uses, more than Subdivision (preliminary development four weeks plats) standards Variances Uses permitted Administrative conditional outright uses Temporary uses, four Shoreline decisions weeks or less (*appealable to Shorelines Certain street uses Hearings Board along with Lot boundary all related environmental adjustments appeals) Modifications of Short subdivisions features bonused Special exceptions under Title 24 Design review Determinations of Northgate General significance (EIS Development Plan required) except for Light rail transit determinations of facilities significance based Monorail transit solely on historic facilities and cultural The following preservation environmental Temporary uses, determinations: twelve months or Determination of less, for relocation nonsignificance (EIS not of police and fire required) protection Determination of final EIS Exemptions from adequacy right-of-way Determination of improvement significance based solely requirements on historic and cultural Special preservation accommodation A decision by the Director Reasonable to approve, condition or accommodation deny a project based on Minor amendment to a SEPA Policies Major Phased A decision by the Director Development Permit that a project is consistent with a Planned Action Ordinance and EIS (no threshold determination or EIS required) Major Phased Development

Section 8. Subsection C of Section 23.76.006 of the Seattle Municipal Code, which section was last amended by Ordinance 120611, is amended as follows:

23.76.006 Master Use Permits required.

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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 SMC Chapter 25.05, Environmental Policies and Procedures):

a. Determination of Nonsignificance (DNSs), including mitigated DNSs;

b. Determination that a final environmental impact statement (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 (4) 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 Section 23.42.040 E, and excepting temporary relocation of police and fire stations for twelve (12) months or less;

b. Short subdivisions;

c. Variances; provided that, variances sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

d. Special exceptions; provided that, special exceptions sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

e. Design review;

f. Administrative conditional uses; provided that, administrative conditional uses sought as part of a Type IV decision may be approved by the Council pursuant to Section 23.76.036;

g. The following shoreline decisions (supplemental procedures for shoreline decisions are established in Chapter 23.60):

(1) Shoreline substantial development permits,

(2) Shoreline variances,

(3) Shoreline conditional uses;

h. Northgate General Development Plan;

i. Major Phased Development;

j. Determination of project consistency with a planned action ordinance and EIS; and

k. 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

l. Establishment of monorail transit facilities necessary to operate and maintain a monorail transit system, in accordance with the provisions of Section 23.80.004 and Section 15.54.020.

Section 9. Section 23.80.004 of the Seattle Municipal Code, which section was last amended by Ordinance 119974, is amended to add a new subsection D to read as follows:

23.80.004 Review criteria.

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D. Monorail transit facilities.

1. Monorail transit facilities necessary to support the operation and maintenance of a monorail transit system are permitted in all zones within the City of Seattle, except that a monorail operations and/or maintenance center is prohibited in a residential or neighborhood commercial zone. Any commercial use over two hundred (200) square feet as part of a monorail transit station is prohibited unless otherwise permitted in the underlying zone.

2. The Director may approve a monorail transit facility, pursuant to Chapter 23.76, Procedures for Master Use Permits and Council Land Use Decisions, only if the horizontal and vertical alignment and locations of the monorail guideway, monorail transit stations, and monorail operations center have been approved by the City Council by ordinance or resolution. The City Council may also approve the horizontal and vertical alignment and location of other monorail transit facilities.

3. The Director shall review for approval all monorail transit facilities, except monorail guideways, which must be reviewed for approval by the Director of Transportation pursuant to the procedures of Title 15, provided that for any monorail transit facility or portion thereof subject to review pursuant to Chapter 23.60, the Director shall conduct the review required by that chapter.

4. A Master Use Permit is not required for minor alterations of monorail transit facilities involving no material expansion or change of use, and other minor new construction at monorail transit facilities that, in the determination of the Director, is not likely to have significant adverse impacts on surrounding properties.

5. Waiver or modification of development standards.

a. Where necessary to achieve consistency with the terms of the City Council's approval of the monorail transit system, development standards, including but not limited to, height, setbacks, yards, landscaping, or lot coverage, may be waived or modified, provided that height may be waived only for the monorail guideway or monorail transit stations and not for any other monorail transit facilities, and further provided that height of monorail transit stations shall not exceed sixty-five feet (65') or the height limit in the underlying zone, whichever is greater.

b. To promote consistency with any monorail transit system-specific design guidelines to be developed by the City and a city transportation authority and approved by the City Council by ordinance, development standards other than height may be waived or modified.

c. Development standards may be waived or modified under this subsection only for structures or portions of structures that are devoted to a use directly associated with operation of the monorail transit facility and not for other portions of the structure unrelated to the monorail transit use.

6. The Director may impose reasonable conditions:

a. Where necessary to achieve consistency with the terms of the City Council's approval of the monorail transit system; or

b. Pursuant to Chapter 25.05 to lessen identified impacts caused by the monorail transit facilities; or

c. To ensure consistency with any monorail transit systemspecific design guidelines to be developed by the City and a city transportation authority and approved by the City Council by ordinance.

7. Within twenty (20) days after issuing a Master Use Permit for a monorail transit station, the Director shall send a written report to the City Council describing any development standards that were waived or modified pursuant to this section, and describing any conditions that were imposed on the permit pursuant to this section.

Section 10. Section 23.84.006 of the Seattle Municipal Code, which section was last amended by Ordinance 120928, is amended by adding the following definition:

23.84.006 "C."

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"City transportation authority" means a city transportation authority within the meaning of RCW Chapter 35.95A.

Section 11. The definition of "essential public facilities" in Section 23.84.010 of the Seattle Municipal Code, which section was last amended by Ordinance 121145, is amended as follows:

23.84.010 "E."

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"Essential public facilities" means airports, sewage treatment plants, jails, light rail transit systems, monorail transit systems, and power plants.

Section 12. Section 23.84.025 of the Seattle Municipal Code, which section was last amended by Ordinance 120443, is amended by adding the following definitions:

23.84.025 "M."

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"Monorail guideway" means the beams, with their foundations and all supporting columns and structures, including incidental elements for access and safety, along which a city transportation authority monorail train runs.

"Monorail transit facility" means a structure, guideway, equipment, or other improvement of a monorail transit system, including but not limited to monorail transit stations and related passenger amenities, power substations, maintenance and/or operations centers.

"Monorail transit station" means a monorail transit facility, whether at grade or above grade, that provides pedestrian access to monorail transit trains and facilitates transfer from monorail to other modes of transportation. A monorail transit station may include mechanical devices such as elevators and escalators to move passengers, and may also include such passenger amenities as informational signage, seating, weather protection, fountains, artwork or concessions.

"Monorail transit system" means a transportation system that uses train cars running on a guideway, along with related facilities, owned or operated by a city transportation authority.

Section 13. The definition of "transportation facilities" in Section 23.84.038 of the Seattle Municipal Code, which section was last amended by Ordinance 121162, is amended as follows:

23.84.038 "T."

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"Transportation facilities" means one (1) of the following commercial uses:

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6. "Passenger terminal" means a transportation facility where passengers embark on or disembark from carriers such as ferries, trains, buses or planes that provide transportation to passengers for hire by land, sea or air. Passenger terminals typically include some or all of the following: ticket counters, waiting areas, management offices, baggage handling facilities, restroom facilities, shops and restaurants. A passenger terminal use on the waterfront may include moorage for cruise ships and/or vessels engaged in transporting passengers for hire. Activities commonly found aboard such vessels, whether moored or under way, that are incidental to the transport of passengers shall be considered part of the passenger terminal use and shall not be treated as separate uses. Metro street bus stops, monorail transit stations, and light rail transit stations are not included in this definition. Also excluded is the use of sites where passengers occasionally embark on or disembark from transportation in a manner that is incidental to a different established principal use of the site.

Section 14. A new chapter 15.54, Monorail Guideways, is hereby added to the Seattle Municipal Code, to read as follows:

Chapter 15.54

MONORAIL GUIDEWAYS

15.54.010 Definitions.

The terms "city transportation authority," "monorail guideway," "monorail transit facility," "monorail transit station," and "monorail transit system" shall have the same meaning as the definitions of those terms in Chapter 23.84.

15.54.020 Review and Approval of a Monorail Guideway.

A. Any city transportation authority desiring to construct a monorail guideway in City right-of-way or city transportation authority right-of-way (even where such rights-of-way may consist only of aerial easements) shall obtain the approval of the Director of Transportation of final construction plans before commencing any such work. In exercising his or her authority under this chapter, the Director of Transportation shall follow applicable procedures in this title and not procedures in Chapter 23.76.

B. The Director of Transportation may approve a monorail guideway only if the horizontal and vertical alignment of the monorail guideway has been approved by the City Council by ordinance or resolution.

C. Where necessary to achieve consistency with the terms of the City Council's approval of the monorail transit system, the Director of Transportation may waive or modify development standards pursuant to Title 23, including but not limited to, height, setbacks, yards, landscaping, or lot coverage. In addition, to promote consistency with any monorail transit system-specific design guidelines to be developed by the City and a city transportation authority and approved by the City Council by ordinance, development standards other than height may be waived or modified.

D. The Director of Transportation may impose reasonable conditions:

1. Where necessary to achieve consistency with the terms of the City Council's approval of the monorail transit system; or

2. Pursuant to Chapter 25.05 to lessen identified impacts caused by the monorail transit facilities; or

3. To ensure consistency with any monorail transit system-specific design guidelines to be developed by the City and a city transportation authority and approved by the City Council by ordinance.

E. Nothing in this chapter shall prevent the City from granting further rights to, or imposing further conditions upon, a city transportation authority's use of the City's streets or the City's rights-of-way pursuant to a non-exclusive transit-way agreement for use of said streets or rights-of-way.

Section 15. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 16. 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

September 15, 2003 version #8a ta