AN ORDINANCE relating to land use and zoning; amending Seattle Municipal Code Sections 23.24.046, 23.24.050, 23.34.009, 23.41.010, 23.44.010, 23.44.012, 23.44.014, 23.47.009, 23.48.032, 23.49.064, 23.50.012, 23.50.029, 23.50.032, 23.54.015, 23.54.030, 23.73.008, 23.76.006, 23.76.010, 23.76.011, 23.76.012, 23.76.040, 23.76.050, 23.84.032, 23.86.006, 23.86.008, and 23.88.020, to correct typographical errors, correct section references, clarify regulations, and make minor amendments.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection D of Section 23.24.046 of the Seattle Municipal Code, which subsection was established by Ordinance 121163, is repealed.

Section 2. Subsection A of Section 23.24.050 of the Seattle Municipal Code, which Section was last amended by Ordinance 120609, is amended as follows:

23.24.050 Director's decision.

A. If the Director determines that the requirements provisions of this sectionChapter are met satisfied, or may be metsatisfied upon compliance with specified conditions, the Director shall inform the applicant in writing of the decision to approve the application and the conditions of the approval, if any, and may return the proposed short plat to the applicant for modification or correction. When the Director has determined that: (1) the short plat contains the certificates, dedication instruments and statements of approval required by state law and this chapter, (2) the short plat and all legal descriptions are technically correct, and (3) review procedures pursuant to Chapter 23.76 have been concluded, the short plat shall be filed for record with the King County Director of Records and Elections. Except for purposes of appeal, no short plat or short subdivision granted approval by the Director shall be deemed to have final approval until filed.

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Section 3. The preamble of Section 23.34.009 of the Seattle Municipal Code, which Section was last amended by Ordinance 117430, is amended as follows:

23.34.009 Height limits of the proposed rezone.

Where a decision to designate height limits in Neighborhood Commercialcommercial or Industrialindustrial zones is independent of the designation of a specific zone, in addition to the general rezone criteria of Section 23.34.008, the following shall apply:

A. Function of the Zone. Height limits shall be consistent with the type and scale of development intended for each zone classification. The demand for permitted goods and services and the potential for displacement of preferred uses shall be considered.

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Section 4. Subsection B of Section 23.41.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 121305, is amended as follows:

23.41.010 Design review guidelines.

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B. The following Neighborhood design guidelines are approved:

1. "University Community Design Guidelines, 2000;" 2. "Pike/Pine Urban Center Village Design Guidelines, 2000;" 3. "Roosevelt Urban Village Design Guidelines, 2000;" 4. "Ballard Municipal Center Master Plan Area Design Guidelines, 2000;" 5. "West Seattle Junction Urban Village Design Guidelines, 2001;" 6. "Green Lake Neighborhood Design Guidelines, 2001;" and 7. "Admiral Residential Urban Village Design Guidelines, 2002;" and 8. "South Lake Union Urban Village Design Guidelines, 2003.; " and 9. "Northgate Urban Center and Overlay District Design Guidelines, 2003."

Section 5. Subsection D of Section 23.44.010 of the Seattle Municipal Code, which Section was last amended by Ordinance 119239, is amended as follows:

23.44.010 Lot requirements.

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D. Lot Coverage Exceptions.

1. Lots Abutting Alleys and Corner Lots. For purposes of computing the lot coverage only:

a. The area of a corner lot where a side lot line abuts upon a street may be increased by one-half (1/2) the width of the abutting side street.

b. The area of a lot with alley or alleys abutting any lot line may be increased by one-half (1/2) the width of the abutting alley or alleys.

c. The total lot area for any lot may not be increased by the provisions of this section by more than twenty-five (25) percent.

2. Special Structures and Portions of Structures. The following structures and portions of structures shall not be counted in lot coverage calculations:

a. Access Bridges. Uncovered, unenclosed pedestrian bridges of any height necessary for access and five (5) feet or less in width;

b. Barrier-free Access. Ramps or other access for the disabled or elderly meeting Washington State Building Code, Chapter 11;

c. Decks. Decks or parts of a deck which are eighteen (18) inches or less above the existing grade;

d. Freestanding Structures and Bulkheads. Fences, arbors and freestanding walls except arbors, bulkheads, signs and other similar structures;

e. Underground Structures. An underground structure, or underground portion of a structure, may occupy any part of the entire lot;

f. Eaves and Gutters. The first eighteen (18) inches of eaves and gutters projecting from principal and accessory structures, except that eaves associated with the roof of an arbor shall be included in lot coverage calculations;

g. Solar collectors meeting the provisions of Section 23.44.046 and swimming pools meeting the provisions of Section 23.44.044.

Section 6. Subsection A of Section 23.44.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 120928, is amended as follows:

23.44.012 Height limits.

A. Base Height Established.

1. Except as provided in subsection A2, the base permitted height for any structure not located in required yards, except as permitted in Section 23.44.014 D3, shall not exceed the greater of the following:

a. Thirty (30) feet;

b. The average height of the two (2) single-family structures which the subject structure abuts if one (1) or both of the abutting structures exceed thirty (30) feet.

2. The base permitted height for any structure on lots thirty (30) feet or less in width shall not exceed the greater of the following:

a. Twenty-five (25) feet;

b. The average height of the two (2) single-family structures on abutting lots, but not to exceed thirty (30) feet.

3. Expansions, extensions or replacements to any structure on lots established pursuant to 23.24.046, Multiple single-family dwelling units on a single-family lot, on lots thirty (30) feet or less in width are subject to the following:

a. The base permitted height shall not exceed twenty-five (25) feet, and

b. The averaging provisions of subsection 2b, above, do not apply.

4. The methods of determining structure height, height averages, and lot width are detailed in Chapter 23.86, Measurements.

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Section 7. Subsection D of Section 23.44.014 of the Seattle Municipal Code, which Section was last amended by Ordinance 120410, is amended as follows:

23.44.014 Yards.

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D. Exceptions from Standard Yard Requirements. No structure shall be placed in a required yard except pursuant to the following subsections:

1. Certain Accessory Structures. Any accessory structure may be constructed in a side yard which abuts the rear or side yard of another lot, or in that portion of the rear yard of a reversed corner lot within five (5) feet of the key lot and not abutting the front yard of the key lot, upon recording with the King County Department of Records and Elections an agreement to this effect between the owners of record of the abutting properties. Any accessory structure which is a private garage may be located in that portion of a side yard which is either within thirty-five (35) feet of the centerline of an alley or within twenty-five (25) feet of any rear lot line which is not an alley lot line, without providing an agreement as provided in Section 23.44.016.

2. A single-family structure may extend into one (1) side yard if an easement is provided along the side or rear lot line of the abutting lot, sufficient to leave a ten (10) foot separation between that structure and any principal or accessory structures on the abutting lot. Features and projections such as porches, eaves, and chimneys shall be permitted in the ten (10) foot separation area as if the property line were five (5) feet from the wall of the house on the dominant lot, provided that no portion of either principal structure including eaves shall cross the actual property line. The easement shall be recorded with the King County Department of Records and Elections. The easement shall provide access for normal maintenance activities to the principal structure on the lot with less than the required side yard.

3. Certain Additions. Certain additions may extend into a required yard when the existing single-family structure is already nonconforming with respect to that yard. The presently nonconforming portion must be at least sixty (60) percent of the total width of the respective facade of the structure prior to the addition. The line formed by the nonconforming wall of the structure shall be the limit to which any additions may be built, except as described below. They may extend up to the height limit and may include basement additions. New additions to the nonconforming wall or walls shall comply with the following requirements (Exhibit 23.44.014 A):

a. Side Yard. When the addition is a side wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than three (3) feet to the side lot line;

b. Rear Yard. When the addition is a rear wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than twenty (20) feet to the rear lot line or centerline of an alley abutting the rear lot line;

c. Front Yard. When the addition is a front wall, the existing wall line may be continued by the addition except that in no case shall the addition be closer than fifteen (15) feet to the front lot line;

d. When the nonconforming wall of the single-family structure is not parallel or is otherwise irregular, relative to the lot line, then the Director shall determine the limit of the wall extension, except that the wall extension shall not be located closer than specified in subsections D3a -c above.

4. Uncovered Porches or Steps. Uncovered, unenclosed porches or steps may project into any required yard, provided that they are no higher than four (4) feet on average above existing grade, no closer than three (3) feet to any side lot line, no wider than six (6) feet and project no more than six (6) feet into required front or rear yards. The height of porches and steps are to be calculated separately from each other.

5. Special Features of a Structure. Special features of a structure may extend into required yards subject to the following standards only, unless permitted elsewhere in this chapter:

a. External architectural details with no living area, such as chimneys, eaves, cornices and columns, may project no more than eighteen (18) inches into any required yard;

b. Bay windows shall be limited to eight (8) feet in width and may project no more than two (2) feet into a required front, rear, and street side yard;

c. Other projections which include interior space, such as garden windows, may extend no more than eighteen (18) inches into any required yard, starting a minimum of thirty (30) inches above finished floor, and with maximum dimensions of six (6) feet tall and eight (8) feet wide;

d. The combined area of features permitted in subsections D5b and c above may comprise no more than thirty (30) percent of the area of the facade.

6. Private Garages, Covered Unenclosed Decks or Roofs Over Patios in Rear Yards.

a. Any attached private garages or covered, unenclosed decks or roofs over patios are portions of principal structures. They may extend into the required rear yard, but shall not be within twelve (12) feet of the centerline of any alley, nor within twelve (12) feet of any rear lot line which is not an alley lot line, nor closer than five (5) feet to any accessory structure. The height of private garages shall meet the provisions of Section 23.44.016 D2 and the height of the roof over unenclosed decks and patios may not exceed twelve (12) feet. The roof over these decks, patios and garages shall not be used as a deck. Any detached private garage meeting the requirements of Section 23.44.016, Parking location and access, or detached permitted accessory structure meeting the requirements of Section 23.44.040, General provisions, may be located in a rear yard. If a private garage has its vehicular access facing the alley, the private garage shall not be within twelve (12) feet of the centerline of the alley.

b. Garages meeting the standards of Section 23.44.016 and other accessory structures meeting the standards of Section 23.44.040, shall be permitted in required rear yards, subject to a maximum combined coverage of forty (40) percent of the required rear yard. In the case of a rear yard abutting an alley, rear yard coverage shall be calculated from the centerline of the alley.

7. Private Garages in Front Yards of Through Lots. On through lots less than one hundred twenty-five (125) feet in depth, either an accessory garage structure or a portion of the principal structure containing a garage shall be permitted to locate in one (1) of the front yards. Private garages, either as accessory structures or as a portion of the principal structure, shall be limited as set forth in Section 23.44.016. The front yard in which the garage may be located shall be determined by the Director based on the location of other accessory garages on the block. If no pattern of garage location can be determined, the Director shall determine in which yard the accessory garage shall be located based on the prevailing character and setback patterns of the block.

8. Access Bridges. Uncovered, unenclosed pedestrian bridges of any height, necessary for access and five (5) feet or less in width, are permitted in required yards except that in side yards an access bridge must be at least three (3) feet from any side lot line.

9. Barrier-free Access. Access facilities for the disabled and elderly meeting Washington State Building Code, Chapter 11 are permitted in any required yards.

10. Freestanding Structures and Bulkheads.

a. Fences, freestanding walls, signs and similar structures six (6) feet or less in height above existing or finished grade, whichever is lower, may be erected in any required yard. The six (6) foot height may be averaged along sloping grade for each six (6) foot long segment of the fence, but in no case may any portion of the fence exceed eight (8) feet. Architectural features may be added to the top of the fence or freestanding wall above the six (6) foot height when the following provisions are met: horizontal architectural feature(s), no more than ten (10) inches high, and separated by a minimum of six (6) inches of open area, measured vertically from the top of the fence, may be permitted when the overall height of all parts of the structure, including post caps, are no more than eight (8) feet high; averaging the eight (8) foot height is not permitted. Structural supports for the horizontal architectural feature(s) may be spaced no closer than three (3) feet on center.

b. The Director may allow variation from the development standards listed in subsection D10a above, according to the following:

(1) No part of the structure may exceed eight (8) feet; and

(2) Any portion of the structure above six (6) feet shall be predominately open, such that there is free circulation of light and air.

c. Bulkheads and retaining walls used to raise grade may be placed in any required yard when limited to six (6) feet in height, measured above existing grade. A guardrail no higher than forty-two (42) inches may be placed on top of a bulkhead or retaining wall existing as of the date of the ordinance codified in this section. If a fence is placed on top of a new bulkhead or retaining wall, the maximum combined height is limited to nine and one-half (9-1/2) feet.

d. Bulkheads and retaining walls used to protect a cut into existing grade may not exceed the minimum height necessary to support the cut or six (6) feet, whichever is greater. When the bulkhead is measured from the low side and it exceeds six (6) feet, an open guardrail of no more than forty-two (42) inches meeting Building Code requirements may be placed on top of the bulkhead or retaining wall. A fence must be set back a minimum of three (3) feet from such a bulkhead or retaining wall.

e. When located in the shoreline setbacks or in view corridors in the Shoreline District as regulated in Chapter 23.60, these structures shall not obscure views protected by Chapter 23.60 and the Director shall determine the permitted height.

11. Decks in Yards. Decks no greater than eighteen (18) inches above existing or finished grade, whichever is lower, may extend into required yards.

12. Heat Pumps. Heat pumps and similar mechanical equipment, not including incinerators, may be permitted in required yards if the requirements of the Noise Control Ordinance, Chapter 25.08, are not violated. Any heat pump or similar equipment shall not be located within three (3) feet of any lot line.

13. Solar Collectors. Solar collectors may be located in required yards, subject to the provisions of Section 23.44.046.

14. Front Yard Projections for Structures on Lots Thirty (30) Feet or Less in Width. For a structure on a lot which is thirty (30) feet or less in width, portions of the front facade which begin eight (8) feet or more above finished grade may project up to four (4) feet into the required front yard, provided that no portion of the facade, including eaves and gutters, shall be closer than five (5) feet to the front line (Exhibit 23.44.014 B).

15. Front and rear yards may be reduced by twenty-five (25) percent, but no more than five (5) feet, if the site contains a required environmentally critical area buffer or other area of the property which can not be disturbed pursuant to subsection A of Section 25.09.280 of SMC Chapter 25.09, Regulations for Environmentally Critical Areas.

16. Arbors. Arbors may be permitted in required yards under the following conditions:

a. In any required yard, an arbor may be erected with no more than a forty (40) square foot footprint, measured on a horizontal roof plane inclusive of eaves, to a maximum height of eight (8) feet. Both the sides and the roof of the arbor must be at least fifty (50) percent open, or, if latticework is used, there must be a minimum opening of two (2) inches between crosspieces.

b. In each required yard abutting a street, an arbor over a private pedestrian walkway with no more than a thirty (30) square foot footprint, measured on the horizontal roof plane and inclusive of eaves, may be erected to a maximum height of eight (8) feet. The sides of the arbor shall be at least fifty (50) percent open, or if latticework is used, there must be a minimum opening of two (2) inches between crosspieces.

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Section 8. Subsection B of Section 23.47.009 of the Seattle Municipal Code, which Section was last amended by Ordinance 120452, is amended as follows:

23.47.009 Density limits for residential uses

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B. Density limits shall not apply to single-purpose residential structures within the Station Area Overlay District pursuant to Chapter 23.61, or along selected streets in the Pike/Pine Overlay District, pursuant to Chapter 23.73, and for Seattle Housing Authority structures permitted pursuant to Section 23.47.0004 E1e g. Where the Station Area Overlay District and the Pike/Pine Overlay District overlap, the provisions of the Pike/Pine Overlay District shall prevail.

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Section 9. Section 23.48.032 of the Seattle Municipal Code, which Section was last amended by Ordinance 120611, is amended as follows:

23.48.032 Required parking and loading.

A. Each use shall provide a minimum number of off-street parking spaces according to the requirements of Section 23.54.015, Required parking, except as modified by this section.

B. Residential uses shall be required to provide one (1) offstreet parking space per unit, except for low-income elderly/lowincome disabled multifamily structures where the number of off-street parking spaces will be determined according to the requirements of Section 23.54.015 Required parking.

C. B. Loading berth requirements shall be provided pursuant to Section 23.54.035, Loading berth requirements and space standards.

D. C. Where access to a loading berth is from the alley, and truck loading is parallel to the alley, a setback of twelve (12) feet shall be required for the loading berth, measured from the centerline of the alley (Exhibit 23.47.014 E -in Chapter 23.47). This setback shall be maintained up to a height of sixteen (16) feet.

E. D. Reduction in the Amount of Parking Required. Reductions to required parking shall be permitted according to the provisions of Section 23.54.020, Parking quantity exceptions. Further reductions or exceptions are permitted for street-level uses in structures on Class I Pedestrian Streets as follows:

1. In a new structure where a minimum of seven thousand five hundred (7,500) square feet of customer service office use, personal and household retail sales and service use or entertainment use, except motion picture theaters, is provided, parking may be waived for the first seven thousand five hundred (7,500) square feet of the structure in such use.

2. No parking shall be required for the first one hundred fifty (150) seats in a motion picture theater.

3. No parking shall be required for any gross floor area in human service or child care use.

4. No additional parking shall be required when an existing structure is expanded by up to two thousand five hundred (2,500) square feet, provided that this exemption may be applied only once to any individual structure.

F. E. Payment in Lieu. In lieu of providing all or a portion of the required parking, a development may make a payment to the Cascade Parking Fund if the Director determines that the payment will contribute to the purchase and/or development of an identified public parking garage that is consistent with City policy and priorities, that the parking will mitigate the impacts of the project; and that construction of the public parking garage (if applicable) is assured. The payment and use thereof shall be consistent with RCW 82.02.020.

1. An in-lieu-of payment shall equal the assessed value of the land at the project site which would otherwise have been required to provide parking plus the estimated cost to develop such parking on the project site.

2. Funds received in-lieu-of providing parking shall be applied to acquisition or development of a new public parking garage(s) in the SCM, within eight hundred (800) feet of the contributing site(s), except that when a contributor(s) agrees with the City that a new parking garage, available to the public, within the SCM zone more than eight hundred (800) feet from the project site(s) would be an appropriate mitigation to the project's impacts, the in-lieu-of payment(s) from those projects may be used for that garage.

3. Limitations. Parking stalls within a shared parking garage(s), satisfying the requirements of this section for any project, shall not be used to satisfy the parking requirement for any other project.

Section 10. Subsection A of Section 23.49.064 of the Seattle Municipal Code, which Section was last amended by Ordinance 120443, is amended as follows:

23.49.064 Downtown Office Core 2, principal and accessory parking.

A. Principal Use Parking.

1. Principal use parking garages for long-term parking in areas shown on Map 1J may be permitted as conditional uses, pursuant to Section 23.49.066. Principal use parking garages for long-term parking shall be prohibited in other locations.

2. Principal use parking garages for short-term parking may be permitted as conditional uses pursuant to Section 23.49.066.

3. Principal use surface parking areas shall be conditional uses in areas shown on Map 1J, and shall be prohibited in other locations, except that temporary principal use surface parking areas may be permitted as conditional uses pursuant to Section 23.49.066.

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Section 11. Chart A of Section 23.50.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 120155, is amended as follows:

23.50.012 Permitted and prohibited uses

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INDUSTRIAL USES Chart A for Section 23.50.012

Uses Zones

IB IC IG1 and IG1 in IG2 in IG2 the the (general) Duwamish Duwamish M/I M/I Center Center

I. Manufacturing.

A. Light manufacturing P P P P P

B. General P P P P P manufacturing

C. Heavy manufacturing CU X or CU1 P or CU2 P P

II. High-impact Uses. X X or CU3 X or CU4 X or CU4 X or CU4

III. Commercial.

A. Retail sales and service

1. Personal and household sales and P P P P P services

2. Medical services P/CU5 P/CU5 P/CU5 P/CU5 P/CU5

3. Animal services

a. Animal health P P P P P services

b. Kennel X P P P P

c. Animal control P P P P P shelter

d. Pet grooming P P P P P services

4. Automotive retail P P P P P sales and service

5. Marine retail sales P P P P P and service

6. Eating and drinking P P P P P establishment

a. Fast-food CU CU CU P P restaurants over 750 square feet

b. Fast-food P P P P P restaurants under 750 square feet

c. Restaurants P P P P P with or without cocktail lounges

d. Tavern P P P P P

e. Brewpub P P P P P

7. Lodging CU CU CU X X

8. Mortuary service P P P X X

9. Existing cemeteries P P P P P

10. New cemeteries X X X X X

B. Principal use P P P X X parking, surface area or garage

C. Nonhousehold sales P P P P P and services

D. Office P P P P P

E. Entertainment

1. Places of public assembly

a. Performing arts P P P X X theater

b. Spectator sports P P P X6 X6 facility

c. Lecture and P P P P P meeting halls

d. Motion picture P P P X X theater

e. Motion picture X X X X X theater, adult

f. Adult panorams X X X X X

2 Participant sports and recreation

a. Indoor P P P X P

b. Outdoor P P P X P

F. Wholesale Showroom P P P P P

G. Mini-warehouse P P P X P

H. Warehouse P P P P P

I. Outdoor storage P P P P P

J. Transportation Facilities

1. Personal P P P P P transportation services

2. Passenger terminal P P P P P

3. Cargo terminal P P P P P

4. Transit vehicle CU CU CU CU CU base

5. Helistop CCU CCU CCU CCU CCU

6. Heliport X CCU CCU CCU CCU

7. Airport, land-based X CCU CCU CCU CCU

8. Airport, X CCU CCU CCU CCU water-based

9. Railroad switchyard P P P P P

10. Railroad switch X X CU CU CU yard with mechanized hump

K. Food processing and P P P P P craft work

L. Research and P P P P P development laboratory

IV. Salvage and Recycling

A. Recycling collection P P P P P station

B. Recycling center P P P P P

C. Salvage yard X X P P P

V. Utilities.

A. Utility services use P P P P P

B. Major communication CU CU CU CU CU utility7

C. Minor communication P P P P P utility7

D. Solid waste transfer X CU CU CU CU station

E. Power plant X CCU P P P

F. Sewage treatment X CCU CCU CCU CCU plant

G. Solid waste X CCU CCU CCU CCU incineration facility

H. Solid waste X X X X X landfills

VI. Institutions.

A. Institute for P P P X X advanced study

B. Private clubs EB EB EB X X

C. Child care center P P P P P

D. Museum EB EB EB X8 X8

E. School, elementary EB EB EB X X or secondary

F. College EB EB EB X9 X9

G. Community center EB EB EB P P

H. Community club EB EB EB X P

I. Vocational or fine P P P P P arts school

J. Hospital EB EB CU10 P P

K. Religious facility EB EB EB EB EB

L. University EB EB EB X9 X9

M. Major institutions, EB EB EB EB EB subject to the provisions of Chapter 23.69

VII. Public Facilities.

A Jails X X X X X

B. Work-release centers X X X X X

C. Secure Community X X X X X Transition Facility

D. Other public CCU CCU CCU CCU CCU facilities

VIII. Park and Pool/Ride Lots.

A. Park and pool lots P11 P11 P11 CU CU

B. Park and ride lots CU CU CU CU CU

IX. Residential.

A. Single-family X X X X X dwelling units

B. Multi-family X X X X X structures

C. Congregate X X X X X residences

D. Adult family homes X X X X X

E. Floating homes X X X X X

F. Mobile home park X X X X X

G. Nursing homes X X X X X

H. Artist's EB/CU EB/CU EB/CU EB/CU EB/CU studio/dwelling

I. Caretaker's quarters P P P P P

J. Assisted living X X X X X facility

K. Residential use CU CU CU CU CU except artist's studio/dwelling and caretaker's quarters in a landmark structure or landmark district

X. Live-work units X X X X X

XI. Open Space.

A. Parks P P P P P

B. Playgrounds P P P P P

XII. Agricultural Uses

A. Animal husbandry X X X X X

B. Horticultural use X X X X X

C. Aquaculture P P P P P

P = Permitted X = Prohibited CU = Administrative conditional use CCU = Council conditional use EB = Permitted only in a building existing on October 5, 1987.

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Section 12. Section 23.50.029 of the Seattle Municipal Code, which Section was last amended by Ordinance 115326, is amended as follows:

23.50.029 General Industrial 1 and 2-Setback requirements.

A setback may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones23.53.020, Improvement requirements for existing streets in industrial zones, and Section 23.53.030, Alley improvements in all zones.

Section 13. Section 23.50.032 of the Seattle Municipal Code, which Section was last amended by Ordinance 115326, is amended as follows:

23.50.032 Industrial Commercial-Setback requirements.

A. Setbacks From Residential Zones.

1. A setback shall be required on lots which abut the intersection of a side and front lot line of a residentially zoned lot. The required setback shall be a triangular area. Two (2) sides of the triangle shall extend fifteen (15) feet from the intersection of the street property line and the property line abutting the residentially zoned lot. The third side shall connect these two (2) sides with a diagonal line across the lot. (See Exhibits 23.50.032 A and 23.50.032 B).

2. A setback shall be required along any lot line which abuts a side or rear lot line of a residentially zoned lot, or which is across an alley from a residentially zoned lot as follows:

a. Zero (0) feet for portions of structures twelve (12) feet in height or lower; and

b. Ten (10) feet for portions of structures above twelve (12) feet in height to a maximum of sixty-five (65) feet; and

c. For portions of structures above sixty-five (65) feet in height, an additional one (1) foot of setback shall be required for every ten (10) feet in excess of sixty-five (65) feet, (see Exhibit 23.50.032 B).

3. Half (1/2) of an alley width may be counted as part of the required setback.

DB. No entrance, window or other opening shall be permitted closer than five (5) feet to a residentially zoned lot.

EC. A five (5) foot setback shall be required from all street property lines where street trees are required and it is not feasible to plant them in accordance with City standards. The setback shall be landscaped according to Section 23.50.038, Screening and landscaping standards.

FD. A setback may be required in order to meet the provisions of Section 23.53.015, Improvement requirements for existing streets in residential and commercial zones, and Section 23.53.030, Alley improvements in all zones.

Section 14. Chart A of Section 23.54.015 of the Seattle Municipal Code, which Section was last amended by Ordinance 121359, is amended as follows:

23.54.015 Required parking.

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Chart A for Section 23.54.015 PARKING

Use Parking Requirements

Adult care center1 1 space for each 10 adults (clients) or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 adults (clients)

Adult family home 1 space for each dwelling unit

Adult motion picture theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Adult panoram 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Airport, land-based (waiting 1 space for each 100 square feet area)

Airport, water-based (waiting 1 space for each 100 square feet area)

Animal services 1 space for each 350 square feet

Animal husbandry (retail area 1 space for each 350 square feet only)

Aquaculture (retail area only) 1 space for each 350 square feet

Artist's studio/dwelling 1 space for each dwelling unit

Assisted living facility2 1 space for each 4 assisted living units plus 1 space for each 2 staff members on-site at peak staffing time; plus 1 barrier-free passenger loading and unloading space; plus loading berth requirements per Section 23.54.035

Automotive parts or accessory 1 space for each 350 square feet sales

Ball courts 1 space per court

Bed and breakfast 1 space for each dwelling, plus 1 space for each 2 guest rooms or suites

Bowling alley 5 spaces for each lane

Business support services 1 space for each 2,000 square feet

Business incubators 1 space for each 1,000 square feet

Carwash 1 space for each 2,000 square feet

Caretaker's quarters 1 space for each dwelling unit

Cargo terminal 1 space for each 2,000 square feet

Cemetery None

Child care center1,9 1 space for each 10 children or 1 space for each staff member, whichever is greater; plus 1 loading and unloading space for each 20 children

Colleges A number of spaces equal 15 percent of the maximum number of students present at peak hour; plus 30 percent of the number of employees present at peak hour; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities

Commercial laundries 1 space for each 2,000 square feet

Commercial moorage 1 space for each 140 lineal feet of moorage

Communication utilities 1 space for each 2,000 square feet

Community centers1,2 and 1 space for each 80 square feet of floor Community clubs1,2 area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

Community centers owned and 1 space for each 555 square feet operated by the Seattle Department of Parks and Recreation (DOPAR)1,2,3

Congregate residences 1 space for each 4 residents

Construction services 1 space for each 2,000 square feet.

Custom and craft work 1 space for each 1,000 square feet

Dance halls (dance floor and 1 space for each 100 square feet table area)

Drinking establishment 1 space for each 200 square feet.

Dry storage of boats 1 space for each 2,000 square feet

Family support centers located 1 space for each 100 square feet in community centers owned and operated by the Seattle DOPAR3

Floating homes 1 space for each dwelling unit

Food processing for human 1 space for each 1,000 square feet consumption

Gas station 1 space for each 2,000 square feet

General retail sales and 1 space for each 350 square feet services

Ground-floor businesses in None, maximum of 10 spaces multifamily zones

Heavy commercial services 1 space for each 2,000 square feet

Heliports (waiting area) 1 space for each 100 square feet

High-impact uses 1 space for each 1,500 square feet or as determined by the Director

Horticultural uses (retail 1 space for each 350 square feet area only)

Hospitals1 1 space for each 2 staff doctors; plus 1 additional space for each 5 employees; plus 1 space for each 6 beds

Hotels 1 space for each 4 sleeping rooms or suites

Institute for advanced study1 1 space for each 1,000 square feet of administrative offices and similar spaces; plus 1 space for each 10 fixed seats in all auditoria and public assembly rooms; or 1 space for each 100 square feet of public assembly area not containing fixed seats

Institutes for advanced study 3.5 spaces for each 1,000 square feet of in single-family zones office space; plus (existing) 10 spaces for each 1,000 square feet of additional building footprint to house and support conference center activities; or 37 spaces for each 1,000 square feet of actual conference rooms to be constructed, whichever is greater

Kennel 1 space for each 2,000 square feet

Lecture and meeting hall 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Library10 1 space for each 80 square feet of floor area of all auditoria and public meeting rooms; plus 1 space for each 500 square feet of floor area, excluding auditoria and public meeting rooms

Live-work unit up to 2,500 1 space for each unit square feet

Live-work unit greater than 1 space for each unit; plus the number 2,500 square feet of spaces required for the nonresi dential portion for live-work units greater than 2,500 square feet commercial or manufacturing activity conducted in the unit, based on the most similar nonresidential use and subject to Section 23.54.015 E

Major durables, sales, 1 space for each 2,000 square feet service, and rental

Manufacturing, general 1 space for each 1,500 square feet

Manufacturing, heavy 1 space for each 1,500 square feet

Manufacturing, light 1 space for each 1,500 square feet

Marine service station 1 space for each 2,000 square feet

Medical services 1 space for each 350 square feet

Miniature golf 1 space for each 2 holes

Mini-warehouse 1 space for each 30 storage units

Mobile home park 1 space for each mobile home

Mortuary services 1 space for each 350 square feet

Motels 1 space for each sleeping room or suite

Motion picture studio 1 space for each 1,500 square feet

Motion picture theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Multifamily uses,4 except as Development sites containing 2-10 otherwise provided below13 dwelling units: 1.1 spaces for each dwelling unit Development sites containing 11-30 dwelling units: 1.15 spaces for each dwelling unit Development sites containing 31-60 dwelling units: 1.2 spaces for each dwelling unit Development sites containing more than 60 dwelling units: 1.25 spaces for each dwelling unit In addition, for all multifamily uses whose average gross floor area per dwelling unit, excluding decks and all portions of a structure shared by multiple dwelling units, exceeds 500 square feet, an additional .0002 spaces per square foot in excess of 500 shall be required up to a maximum additional .15 spaces per dwelling unit; and When at least 50 percent of the dwelling units in a multifamily use have 3 bedrooms, an additional .25 spaces per bedroom for each unit with 3 bedrooms shall be required; and Any multifamily use that contains a dwelling unit with 4 or more bedrooms shall be required to provide an additional .25 spaces per bedroom for each unit with 4 or more bedrooms5

Multifamily uses containing 1.5 spaces per unit with 2 or more dwelling units with 2 or more bedrooms. The requirement for units with bedrooms, when within the area 3 or more bedrooms contained above shall impacted by the University of also apply. All other requirements for Washington as shown on Map A units with fewer than 2 bedrooms shall following this section, unless be as contained above.5 another provision below allows fewer parking spaces

Multifamily uses, when within 1.5 spaces for each dwelling unit the Alki area as shown on Map B following this section, unless another provision below allows fewer parking spaces

Multifamily uses, for 1 space for each dwelling unit development sites that contain a total of 10 or fewer dwelling units, all in ground-related structures

Multifamily uses, when located 0.33 space for each dwelling unit with 2 in Center City or fewer bedrooms, and 0.5 space for neighborhoods12, for each each dwelling unit with 3 or more dwelling unit rented to and bedrooms occupied by a household with an income at time of its initial occupancy at or below 30 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD) 14, for the life of the building

Multifamily uses, when located 0.5 space for each dwelling unit with 2 in Center City or fewer bedrooms, and 1 space for each neighborhoods12, for each dwelling unit with 3 or more bedrooms dwelling unit rented to and occupied by a household with an income at time of its initial occupancy of between 30 and 50 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses, when located 0.33 space for each dwelling unit with 2 outside of Center City or fewer bedrooms, and 1 space for each neighborhoods12, for each dwelling unit with 3 or more bedrooms dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 30 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses, when located 0.75 spaces for each dwelling unit outside of Center City neighborhoods12, for each dwelling unit with 2 or fewer bedrooms rented to and occupied by a household with an income at time of its initial occupancy of between 30 and 50 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD14, for the life of the building

Multifamily uses occupied by 1 space for each 6 dwelling units low-income elderly households

Multifamily uses occupied by 1 space for each 4 dwelling units low-income disabled households

Multifamily uses occupied by 1 space for each 5 dwelling units low-income elderly/low-income disabled households

Multifamily uses, when within 1 space for each dwelling unit the Seattle Cascade Mixed zone, or the Pike/Pine Overlay District

Multifamily uses, when within 1 space for every 2 dwelling units the Pike/Pine Overlay District, for each dwelling unit rented to and occupied by a household with an income at time of its initial occupancy at or below 60 percent of the median family income, adjusted for household size, for the Seattle-Bellevue-Everett Primary Metropolitan Statistical Area, as defined by HUD, at rent not exceeding 30 percent of 60 percent of median family income, adjusted for household size, for the life of the building

Multipurpose convenience store 1 space for each 350 square feet

Museum1 1 space for each 80 square feet of all auditoria and public assembly rooms, not containing fixed seats; or 1 space for every 10 fixed seats for floor area containing fixed seats; plus 1 space for each 250 square feet of other gross floor area open to the public

Nonhousehold sales and 1 space for each 2,000 square feet services, except sales, service and rental of office equipment

Nursing homes6 1 space for each 2 staff doctors; plus 1 additional space for each 3 employees; plus 1 space for each 6 beds

Office, administrative 1 space for each 1,000 square feet

Office, customer service 1 space for each 350 square feet

Outdoor storage 1 space for each 2,000 square feet

Parks None

Participant sports and 1 space for each 350 square feet recreation, indoor or outdoor, unless otherwise specified

Passenger terminals (waiting 1 space for each 100 square feet area)

Performing arts theater 1 space for each 8 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Personal transportation 1 space for each 2,000 square feet services

Playgrounds None

Power plants 1 space for each 2,000 square feet

Private club1 1 space for each 80 square feet of floor area of all auditoria and public assembly rooms not containing fixed seats; or 1 space for every 8 fixed seats for floor area containing fixed seats; or if no auditorium or assembly room, 1 space for each 350 square feet, excluding ball courts

Railroad rights-of-way None

Railroad switchyard with or 1 space for each 2,000 square feet without mechanized hump

Recreational marinas 1 space for each 75 lineal feet of moorage

Recycling center 1 space for each 2,000 square feet

Recycling collection station None

Religious facility1 1 space for each 80 square feet of all auditoria and public assembly rooms

Research and development 1 space for each 1,000 square feet laboratory

Research and development 1 space for each 1,500 square feet laboratory located within the South Lake Union Hub Urban Village

Restaurant 1 space for each 200 square feet

Sale and rental of large boats 1 space for each 2,000 square feet

Sale and rental of motorized 1 space for each 2,000 square feet vehicles

Sale of boat parts and 1 space for each 350 square feet accessories

Sale of heating fuel 1 space for each 2,000 square feet

Sales, service and rental of 1 space for each 2,000 square feet commercial equipment

Sales, service and rental of 1 space for each 350 square feet office equipment

Salvage yard 1 space for each 2,000 square feet

School, private elementary and 1 space for each 80 square feet of all secondary1,2 auditoria and public assembly rooms, or if no auditorium or assembly room, 1 space for each staff member

School, public elementary and 1 space for each 80 square feet of all secondary 1,2,7 auditoria or public assembly rooms, or 1 space for every 8 fixed seats in auditoria or public assembly rooms, containing fixed seats, for new public schools on a new or existing public school site

Sewage treatment plant 1 space for each 2,000 square feet

Single-family dwelling units 1 space for each dwelling unit

Skating rink (rink area) 1 space for each 100 square feet

Solid waste transfer station 1 space for each 2,000 square feet

Specialty food stores 1 space for each 350 square feet

Spectator sports facility11 1 space for each 10 fixed seats or 1 space for each 100 square feet of spectator assembly area not containing fixed seats

Sport range 1 space for each 2 stations

Swimming pool (water area) 1 space for each 150 square feet

Transit vehicle base 1 space for each 2,000 square feet

Universities8 A number of spaces equal to 15 percent of the maximum number of students present at peak hour; plus 30 percent of the number of employees present at peak hour; plus 1 space for each 100 square feet of spectator assembly area in outdoor spectator sports facilities

Utility service uses 1 space for each 2,000 square feet

Vehicle and vessel repair 1 space for each 2,000 square feet

Vocational or fine arts school 1 space for each 2 faculty plus full-time employees; plus 1 space for each 5 students (based on the maximum number of students in attendance at any one time)

Warehouse 1 space for each 1,500 square feet

Wholesale showroom 1 space for each 1,500 square feet

1 When permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122. The Director, in consultation with the Director of the Seattle Department of Transportation, may allow adult care and childcare centers locating in existing structures to provide loading and unloading spaces on-street when no other alternative exists.

2 Indoor gymnasiums shall not be considered ball courts, nor shall they be considered auditoria or public assembly rooms unless they contain bleachers (fixed seats). If the gymnasium contains bleachers, the parking requirement for the entire gymnasium shall be one (1) parking space for every eight (8) fixed seats. Each twenty (20) inches of width of bleachers shall be counted as one (1) fixed seat for the purposes of determining parking requirements. If the gymnasium does not contain bleachers and is in a school, there is no parking requirement for the gymnasium. If the gymnasium does not contain bleachers and is in a community center, the parking requirement shall be one (1) space for each three hundred fifty (350) square feet. If the gymnasium does not contain bleachers and is in a community center owned and operated by the Department of Parks and Recreation (DOPAR), the parking requirement shall be one (1) space for each five hundred fifty-five (555) square feet.

3 When family support centers are located within community centers owned and operated by DOPAR, the Director may lower the combined parking requirement by up to a maximum of fifteen (15) percent, pursuant to Section 23.54.020 I.

4 Parking spaces required for multifamily uses may be provided as tandem spaces according to subsection B of Section 23.54.020.

5 Bedroom-Any habitable room as defined by the Building Code that, in the determination of the Director, is capable of being used as a bedroom.

6 When specified in single-family zones, Section 23.44.015, the Director may waive some or all of the parking requirements.

7 For public schools, when an auditorium or other place of assembly is demolished and a new one built in its place, parking requirements shall be determined based on the new construction. When an existing public school on an existing public school site is remodeled, additional parking is required if any auditorium or other place of assembly is expanded or additional fixed seats are added. Additional parking is required as shown on Chart A for the increase in floor area or increase in number of seats only. If the parking requirement for the increased area or seating is ten (10) percent or less than that for the existing auditorium or other place of assembly, then no additional parking shall be required.

8 Development standards departure may be granted or required pursuant to the procedures and criteria set forth in Chapter 23.79 to reduce the required or permitted number of parking spaces.

9 A child care facility, when co-located with an assisted living facility, may count the passenger load/unload space required for the assisted living facility toward its required passenger load/unload spaces.

10 When a library is permitted in single-family zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.44.022; when a library is permitted in multifamily zones as a conditional use, the Director may modify the parking requirements pursuant to Section 23.45.122; and when a library is permitted in commercial zones, the Director may modify the parking requirements pursuant to Section 23.44.022 L.

11 Required parking for spectator sports facilities or exhibition halls must be available when the facility or exhibition hall is in use. A facility shall be considered to be "in use" during the period beginning three (3) hours before an event is scheduled to begin and ending one (1) hour after a scheduled event is expected to end. For sports events of variable or uncertain duration, the expected event length shall be the average length of the events of the same type for which the most recent data are available, provided it is within the past five (5) years. During an inaugural season, or for nonrecurring events, the best available good faith estimate of event duration will be used. A facility will not be deemed to be "in use" by virtue of the fact that administrative or maintenance personnel are present. The Director may reduce the required parking for any event when projected attendance for a spectator sports facility is certified to be fifty (50) percent or less of the facility's seating capacity, to an amount not less than that required for the certified projected attendance, at the rate of one (1) space for each ten (10) fixed seats of certified projected attendance. An application for reduction and the certification shall be submitted to the Director at least fifteen (15) days prior to the event. When the event is one of a series of similar events, such certification may be submitted for the entire series fifteen (15) days prior to the first event in the series. If the Director finds that a certification of projected attendance of fifty (50) percent or less of the seating capacity is based on satisfactory evidence such as past attendance at similar events or advance ticket sales, the Director shall, within fifteen (15) days of such submittal, notify the facility operator that a reduced parking requirement has been approved, with any conditions deemed appropriate by the Director to ensure adequacy of parking if expected attendance should change. The parking requirement reduction may be applied for only if the goals of the facility's Transportation Management Plan are otherwise being met. The Director may revoke or modify a parking requirement reduction approval during a series, if projected attendance is exceeded.

12 For purposes of this section, Center City neighborhoods are the following urban villages: Uptown Queen Anne, South Lake Union, Capitol Hill, Pike/Pine, First Hill and 12th Avenue, as shown in the City of Seattle Comprehensive Plan.

13 These general requirements for multifamily uses are superseded to the extent that a use, structure or development qualifies for either a greater or a lesser parking requirement under any provision below. To the extent that more than one of the provisions below applies to a multifamily use, the least of the applicable parking requirements applies. The different parking requirements for certain multifamily uses listed below shall not be construed to create separate uses for purposes of any requirements related to establishing or changing a use under this title.

14 Notice of Income Restrictions. Prior to issuance of any permit to establish, construct or modify any use or structure, or to reduce any parking accessory to a multifamily use or structure, if the applicant relies upon these reduced parking requirements, the applicant shall record in the King County Office of Records and Elections a declaration signed and acknowledged by the owner(s), in a form prescribed by the Director, which shall identify the subject property by legal description, and shall acknowledge and provide notice to any prospective purchasers that specific income limits are a condition for maintaining the reduced parking requirement.

* * *

Section 15. Subsection C of Section 23.54.030 of the Seattle Municipal Code, which Section was last amended by Ordinance 120691, is amended as follows:

23.54.030 Parking space standards.

***

C. Backing Distances and Moving Other Vehicles.

1. Adequate ingress to and egress from all parking spaces shall be provided without having to move another vehicle, except for in the case of multiple spaces provided for a single-family dwellings. or an accessory dwelling unit associated with a single-family dwelling, or in the case of tandem parking authorized under Section 23.54.020 B.

2. Except for lots with fewer than three (3) parking spaces, ingress to and egress from all parking spaces shall be provided without requiring backing more than fifty (50) feet.

* * *

Section 16. Subsection C of Section 23.73.008 of the Seattle Municipal Code, which Section was last amended by Ordinance120004, is amended as follows:

23.73.008 Uses.

* * *

C. Single-purpose Residential Structures.

1. Single-purpose residential structures are permitted outright where commercial use is not required by subsection B, above, or as provided for in Section 23.47.023 B.

2. A density of one (1) unit per four hundred (400) square feet of lot area is permitted except that density shall be unlimited in areas where single-purpose residential is permitted outright as per Section 23.73.008 C1, subject to the following:

a. Single-spousepurpose residential structures are located in NC zones with a height limit of sixty-five (65) feet or more; and

b. At least forty (40) percent of all units are rented to households at rents not exceeding thirty (30) percent of sixty (60) percent of the median income for the Seattle-Everett Standard Metropolitan Statistical Area, as defined by the United States Department of Housing and Urban Development (HUD).

c. Applicants shall demonstrate compliance with these income criteria for the life of the building.

Section 17. Subsection C of Section 23.76.006 of the Seattle Municipal Code, which Section was last amended by 121362, is amended as follows:

23.76.006 Master Use Permits required.

* * *

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. Major Phased Development;

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

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. 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 18. Subsection D of Section 23.76.010 of the Seattle Municipal Code, which Section was last amended by 120857, is amended as follows:

23.76.010 Applications for Master Use Permits.

***

D. All applications 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, Landmarks 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 173-27-180. 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 fifty (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 Seattle-King County Public Health Department 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;

7.6. Information including technical reports, drawings, models or text, necessary to evaluate the development proposal, project site and potential environmental affectseffects 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.

***

Section 19. Section 23.76.011 of the Seattle Municipal Code, which Section was last amended by Ordinance 118980, is amended as follows:

23.76.011 Notice of early design guidance process.

For design review projects the Director shall provide notice of the required early design guidance process by General Mailed Release in the Land Use Information Bulletin. In addition, the Director shall provide mailed notice, and the applicant shall post 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 require either more than one (1) sign and/or an alternative posting location so that notice is clearly visible to the public. If an early design guidance public meeting is required, the time, date, location and purpose of the meeting shall be included with the mailed notice. The land use sign may be removed by the applicant the day after the public meeting or after the Director distributes design guidelines priorities as part of the early design guidance process.

Section 20. Subsection B of Section 23.76.012 of the Seattle Municipal Code, which Section was last amended by Ordinance 119096, is amended as follows:

23.76.012 Notice of application.

***

B. Types of Notice Required.

1. For projects subject to environmental review, or design review, except administrative design review, the applicant shall post the department shall direct the installation of an environmental review sign on the site, unless an exemption or alternative posting as set forth in this subsection is applicable. The environmental review sign shall be located so as to be clearly visible from the adjacent street or sidewalk, and shall be removed by the applicant within fourteen (14) daysat the direction of the department after final City action on the application has been completed.

a. In the case of submerged land, the environmental review 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 B1c.

b. Projects limited to interior remodeling, or which are subject to environmental review only because of location over water or location in an environmentally critical area, are exempt from the environmental review sign requirement.

c. When use of an environmental review sign is neither feasible nor practicable to assure that notice is clearly visible to the public, the Director shall post ten (10) placards within three hundred (300) feet of the site and at the closest street intersections when one (1) or more of the following conditions exist:

(1) The project site is over five (5) 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 sign and the alternative posting measures described in subsection B1c, or may require that more than one (1) environmental review sign be posted, when necessary to assure that notice is clearly visible to the public.

2. For projects that whichare categorically exempt from environmental review, the applicantthe department shall post 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 require eithermay post 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.

3. For all projects requiring notice of application, the Director shall provide notice by General Mailed Releasein the Land Use Information Bulletin. For projects subject to the environmental review, and land use sign requirementsnotice in the General Mailed ReleaseLand Use Information Bulletin shall be published after installation of the environmental review sign certification is received by the department that the environmental review and land use signs have been installed and posted.

4. In addition, for variances, administrative conditional uses, temporary uses for more than four (4) weeks, shoreline variances, shoreline conditional uses, short plats, early design guidance process, School Use Advisory Committee (SUAC) formation and school development standard departure, the Director shall provide mailed notice.

5. Mailed notice of application for a project subject to design review or administrative design review shall be provided to all persons establishing themselves as parties of record by attending an early design guidance public meeting for the project or by corresponding with the Department about the proposed project before the date of publication.

6. Additional notice for subdivisions shall include mailed notice and publication in at least one (1) community newspaper in the area affected by the subdivision.

***

Section 21. Subsection D of Section 23.76.040 of the Seattle Municipal Code, which Section was last amended by Ordinance 118012, is amended as follows:

23.76.040 Applications for Council land use decisions.

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D. All applications 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. 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 and Downtown Planned Community Developments;

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. Confirmation that any required notification sign has been installed according to the Director's specifications;

7.6. Information, including technical reports, drawings, models or text, necessary to evaluate the development proposal, project site and potential environmental affectseffects 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.

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Section 22. Subsection A of Section 23.76.050 of the Seattle Municipal Code, which Section was last amended by 120691, is amended as follows:

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 Master Use Permitsdecision listed in Section 23.76.006 C2, provided that in the case of a text amendment sponsored by a member of the City Council, the Director shall prepare a written report only if such report is requested by a member of the City Council. The report shall include:

1. The written recommendations or comments of any affected City departments and other governmental agencies having an interest in the application;

2. Responses to written comments submitted by interested citizens;

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;

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 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. The Director's recommendation to approve, approve with conditions, or deny a proposal.

BC. 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.

CD. For Type IV Decisions, the Director's report shall be submitted to the Hearing Examiner and 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.

DE. For Type V decisions, the Director's report shall be submitted to the Council and shall be available to the public at least fifteen (15) days before the Council hearing described in Section 23.76.062.

Section 23. Section 23.84.032 of the Seattle Municipal Code, which Section was last amended by Ordinance 121145, is amended as follows:

23.84.032 Definitions "R."

"Restaurant" means an establishment in which food and/or beverage preparation and service is provided for individual consumption either onor off-premise. A restaurant may feature the service of alcoholic beverages accessory to the service of food.

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Section 24. A new subsection F is added to Section 23.86.006 of the Seattle Municipal Code, which Section was last amended by Ordinance 112971, to read as follows:

23.86.006 Structure height.

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F. Height Measurement Technique for Structures Located Partially Within the Shoreline District. When any portion of the structure falls within the Shoreline District, structure height for the entire structure shall be measured according to Section 23.60.952, Height.

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Section 25. Subsection C of Section 23.86.008 of the Seattle Municipal Code, which Section was last amended by Ordinance 117263, is amended as follows:

23.86.008 Lot coverage, width and depth.

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C. Lot Width in Single-family Zones:

1. When a lot is essentially rectangular, the lot width shall be the mean horizontal distance between side lot lines measured at right angles to lot depth (Exhibit 23.86.008 B).

2. In the case of a lot with more than one (1) rear lot line (Exhibits 23.86.008 C and 23.86.008 D), the lot width shall be measured according to the following:

a. If the distance between the rear lot lines is fifty (50) percent or moreless of the lot depth, the lot width shall be measured parallel to the front lot line and shall be the greatest distance between the side lot lines (Exhibit 23.86.008 C); or

b. If the distance between the rear lot lines is lessgreater than fifty (50) percent of the lot depth, the lot width shall be measured determined by measuring average lot width according to Exhibit 23.86.008 D.

3. For irregular lots not meeting the conditions of subsections C1 or C2, the Director shall determine the measurement of lot width.

Section 26. Exhibits C and D of Subsection C of Section 23.86.008 of the Seattle Municipal Code adopted by Ordinance 117263 are repealed, and new Exhibits C and D are adopted to read as follows:

23.86.008 Lot coverage, width and depth.

Exhibit 23.86.008 C

Lots With More Than One Rear Lot Line, And Where The Distance Between The Rear Lot Line Is Less Than 50% Of Lot Depth

Where A + B is less than 50% of D, the lot width shall be W.

Exhibit 23.86.008 C

Exhibit 23.86.008 D

Lots with More Than One Rear Lot Line, And Where The Distance Between the Rear Lot Line Is Greater than 50% Of Lot Depth

Where A + B is greater than 50% of D:

Width of lot shall be: (A x X) + (B x Y) + (C x Z) _____________________________________ D

Exhibit 23.86.008 D

Section 27. Subsection A of Section 23.88.020 of the Seattle Municipal Code, which Section was last amended by Ordinance 118181, is amended as follows:

23.88.020 Land use interpretations.

A. Interpretations Generally. A decision by the Director as to the meaning, application or intent of any development regulation in Title 23, Land Use Code, or in Chapter 25.09, Regulations for Environmentally Critical Areas, as it relates to a specific property is known as an "interpretation." An interpretation may be requested in writing by any person or may be initiated by the Director. Procedural provisions and statements of policy shall not be subject to the interpretation process. A decision by the Director that an issue is not subject to an interpretation request shall be final and not subject to administrative appeal. A request for an interpretation and a subsequent appeal to the Hearing Examiner, when available, are administrative remedies that must be exhausted before judicial review of a decision subject to interpretation may be sought.

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Section 28. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provisions shall not affect the validity of any other provision.

Section 29. 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 _________, 2004, and signed by me in open session in authentication of its passage this _____ day of __________, 2004. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2004. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2004. ____________________________________ City Clerk

May 10, 2004 Version #4 t