AN ORDINANCE related to land use and zoning, amending Sections 23.41.004, 23.54.015, 23.76.012, 25.05.800, 25.05.908 and 25.08.425 of the Seattle Municipal Code (SMC) and adding a new section 23.42.044, to change environmental review thresholds for minor new construction, expressed as categorical exemptions in Seattle's SEPA ordinance, amending related Land Use Code and other provisions pertaining to design review, construction-related noise, construction worker parking, notice requirements, and correcting errors and omissions.

WHEREAS, many of the City of Seattle's environmental policies and procedures are codified in Seattle's SEPA ordinance, SMC Chapter 25.05; and

WHEREAS, SMC 25.05 is a primary basis for environmental review conducted by the City of Seattle; and

WHEREAS, the City of Seattle's thresholds for environmental review of residential and commercial development have not been reviewed for nearly 20 years; and

WHEREAS, the City of Seattle's Comprehensive Plan directs a majority of future growth to specified Urban Centers and Urban Villages as part of a regional growth management strategy; and

WHEREAS, promoting affordable housing and small business growth are priorities for the City of Seattle; and

WHEREAS, the State of Washington in RCW 43.21C.229 encourages infill residential and mixed-use growth in urban growth areas, and authorizes increases in certain SEPA thresholds for categorical exemptions in order to encourage such growth; and

WHEREAS, the City of Seattle is located in an urban growth area and the City's current density and intensity of use is lower than called for in the City's Comprehensive Plan; and

WHEREAS, the City of Seattle has implemented programs such as Design Review, and adopted other development regulations such as the Environmentally Critical Areas Ordinance, which collectively provide for protection of the natural and built environment, and mitigation of many types of environmental impacts; and

WHEREAS, the Council finds that the amendments contained in this ordinance will protect and promote the health, safety and welfare of the general public; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.41.004 of the Seattle Municipal Code (SMC), which Section was last amended by Ordinance 122054, is amended as follows:

23.41.004 Applicability.

A. Design Review Required.

1. Design review is required for any new multifamily or commercial development proposal structure that exceeds SEPA one of the following thresholds: if the structure:

a. Is located in one (1) of the following zones :

Zone Threshold

ia. Lowrise 8 dwelling units (L3, L4),

iib. Midrise 20 dwelling units (MR),

iiic. Highrise 20 dwelling units (HR),

ivd. 4 dwelling units or 4,000 Neighborhood Commercial (NC1, square feet of nonresidential 2, 3), gross floor area

e. Commercial (C1, C2) 4 dwelling units or 12,000 square feet of nonresidential gross floor area, when located in an urban center or urban village1, or on a lot that abuts or is across a street or alley from a lot zoned single family, or located in the area bounded by: NE 95th St, NE 145th St, 15th Ave. NE and Lake Washington.

vf. Seattle 20 units or 12,000 square feet Mixed (SM) , or of nonresidential gross floor area; or

vig. 12,000 square feet of Industrial Commercial (IC) nonresidential gross floor zone within the South Lake area ; or Union Urban Center ; or

1. Urban centers and urban villages are identified in the Seattle Comprehensive Plan.

b.Is located in a Commercial (C1 or C2) zone, and:

i. The proposed structure is located within an urban village area identified in the Seattle Comprehensive Plan, or

ii. The site of the proposed structure abuts or is directly across a street or alley from any lot zoned single-family,

iii. The proposed structure is located in the area bounded by NE 95th Street on the south, NE 145th Street on the north, 15th Ave NE on the west, and Lake Washington on the east.

2. Design review is required for all new Major Institution development proposals that exceed SEPA thresholds in the zones listed in subsection A1 of this section, unless the structure is located within a Major Institution Overlay (MIO) district.

3. Downtown dDesign review is required for all new development proposals located in the following Downtown zones and that equal or exceed any of the following thresholds:

DOC 1, DOC 2 or DMC Zones

Use Threshold Nonresidential 50,000 square feet of gross floor area Residential 20 dwelling units

DRC, DMR, DH1 or DH2

Use Threshold Nonresidential 20,000 square feet of gross floor area Residential 20 dwelling units

4. Design review is required for all new development proposals exceeding one hundred and twenty (120) feet in width on any single street frontage in the Stadium Transition Area Overlay District as shown in Exhibit 23.41.006 A.

5. Administrative Design Review to Protect Trees. As provided in Sections 25.11.070 and 25.11.080, administrative design review (Section 23.41.016) is required for new multifamily and commercial development proposals in Lowrise, Midrise, and commercial zones when an exceptional tree, as defined in Section 25.11.020, is located on the site, if design review would not otherwise be required by this subsection A.

6. New multifamily or commercial development proposals in the zones listed in subsection A1 of this section, that are subject to SEPA solely as a result of the provisions of Section 25.05.908, Environmentally Critical Areas, are exempt from design review except as set forth in subsection A5 of this section.

B. Design Review -Optional.

1. Design review is optional to any applicant for new multifamily, commercial or Major Institution development proposals not otherwise subject to this chapter, in the Stadium Transition Area Overlay District and in all multifamily, commercial or downtown zones.

2. An administrative design review process is an option to an applicant for new multifamily, or commercial development proposals, if the structure would not exceed SEPA thresholds or as provided in subsection B3 below, in the Stadium Transition Area Overlay District and in multifamily, commercial or downtown zones, according to the process described in Section 23.41.016.

3. Administrative Design Review to Protect Trees. As provided in Sections 25.11.070 and 25.11.080, an administrative design review process (Section 23.41.016) is an option to an applicant for new multifamily and commercial development proposals in Lowrise, Midrise, and Commercial zones to protect a tree over two (2) feet in diameter measured four and one-half (4 1/2) feet above the ground, even when the project exceeds SEPA thresholds but design review would not otherwise be required by subsection A, above.

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Section 2. A new Section 23.42.044 of the Seattle Municipal Code, is hereby adopted to read as follows:

23.42.044 Construction-Related Parking.

A. When reviewing permit applications under this Code, the Director may require the applicant to avoid or mitigate potential parking impacts caused by construction activity and temporary construction-worker parking. Mitigation may include, but is not limited to, requiring parking for construction workers to be located on the construction site.

B. Temporary parking facilities provided for construction workers are exempt from the parking requirements of the underlying zone and the parking requirements of SMC 23.54.

C. Temporary parking provided for construction workers must be terminated or removed when construction is completed.

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Section 3. Subsection A of section 23.54.015 of the Seattle Municipal Code, which Section was last amended by Ordinance 122311, is amended as follows:

23.54.015 Required Parking.

A. Minimum parking requirements. The minimum number of offstreet motor vehicle parking spaces required for specific uses is set forth in Chart A for nonresidential uses other than institutional uses, Chart B for residential uses, and Chart C for institutional uses, except as otherwise provided in this Section and Section 23.54.020. The minimum parking requirements are based upon gross floor area of a use within a structure and the square footage of a use when located outside of an enclosed structure, or as otherwise specified. Exceptions to the parking requirements set forth in this section are provided in subsection B and in Section 23.54.020, Parking quantity exceptions, unless otherwise specified. This chapter does not apply to parking for construction activity, which is regulated by SMC 23.42.044.

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Section 4. Section 25.05.800 of the Seattle Municipal Code, which Section was last amended by Ordinance 119096, is amended as follows:

25.05.800 Categorical exemptions.

The proposed actions contained in this subchapter are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptions contained in Section 25.05.305.

A. Minor New Construction -Flexible Thresholds.

1. The exemptions in this subsection apply to all licenses required to undertake the construction in question, except when a rezone or any license governing emissions to the air or discharges to water is required. To be exempt under this section, the project must be equal to or smaller than the exempt level. For a specific proposal, the exempt level in subsection A2 of this section shall control. If the proposal is located in more than one (1) city/county, the lower of the agencies' adopted levels shall control, regardless of which agency is the lead agency.

2. The following types of construction shall be are exempt, except when undertaken wholly or partly on lands covered by water or unless undertaken in environmentally critical areas (Section 25.05.908):

a. The construction or location of residential structures containing no more than the number of dwelling units identified in part (i), except as modified by the provisions of part (ii). of four (4) or fewer dwelling units, in all Single Family zones, Residential Small Lot (RSL), Lowrise Duplex/Triplex (LDT), Lowrise One (L1) and all Commercial zones; six (6) or fewer units in Lowrise Two (L2) zones; eight (8) or fewer units in Lowrise Three (L3) and Lowrise Four (L4) zones; and twenty (20) or fewer units in Midrise (MR), Highrise (HR), Seattle Cascade Mixed (SCM) and all Downtown zones;

(i) Table

RESIDENTIAL USES

ZONE Number of Dwelling Units Exempt

Outside of Urban Within Urban Centers or SAOD Centers

SF, RSL 4 4

LDT 4 6

L1 4 30

L2 6 30

L3, L4 8 30

NC1, NC2, NC3, C1, 4 30 C2,

MR, HR, SM 20 30

Downtown zones NA 80

Industrial zones 4 4

Notes: SAOD = Station Area Overlay Districts. Urban centers and urban villages are identified in the Seattle Comprehensive Plan.

(ii) For lots located in an Urban Center or a SAOD, if the proposed construction or location is on a lot in an LDT, LI or L2 zone, and if the lot abuts any portion of another lot that is zoned SF or RSL, or is across an alley of any width from a lot that is zoned SF or RSL, or is across a street from a lot zoned SF or RSL where that street does not meet minimum width requirements in SMC 23.53.015A, , then the level of exempt construction is 4 dwelling units for lots in an LDT or L1 zone, and 6 dwelling units for lots in an L2 zone.

b. The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering ten thousand (10,000) square feet or less, and to be used only by the property owner or his or her agent in the conduct of farming the property. This exemption shall does not apply to feed lots;

c. The construction of the following office, school, commercial, recreational, service or storage buildings, containing no more than the gross floor area listed in the table below:

NON-RESIDENTIAL USES

ZONE Exempt Area of Use (square feet of gross floor area)

Outside of Within Urban Centers or SAOD Urban Centers

SF, RSL, LDT, L1, 4,000 4,000 L2, L3, L4

MR, HR, NC1, NC2, 4,000 12,000 NC3

C1, C2, SM, 12,000 12,000 Industrial zones

Downtown zones NA 12,000

Notes: SAOD = Station Area Overlay Districts. Urban centers and urban villages are identified in the Seattle Comprehensive Plan.

i. In Commercial One (C1), Commercial Two (C2), Seattle Cascade Mixed (SCM), and Industrial zones, buildings with twelve thousand (12,000) square feet of gross floor area, and with associated parking facilities designed for twenty (20) automobiles,

ii. In all other zones, buildings with four thousand (4,000) square feet of gross floor area, and with associated parking facilities designed for twenty (20) automobiles;

d. The construction of a parking lot designed for twenty (20) forty (40) or fewer automobiles, as well as the addition of twenty (20) spaces to existing lots up to a total of forty (40) spacesif the addition does not remove the lot from an exempt class;

e Any landfill or excavation of five hundred (500) cubic yards or less throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or regulations thereunder;

f. Mixed-use construction, including but not limited to projects combining residential and commercial uses, is exempt if each use, when considered separately, is exempt under the criteria of subsections A2a through A2d above, unless the uses in combination may have a probable significant adverse environmental impact in the judgment of an agency with jurisdiction (see Section 25.05.305 A2b);

g. In zones not specifically mentioned identified in this subsection, the construction of residential structures of four (4) or fewer dwelling units and commercial structures of four thousand (4,000) or fewer square feet the standards for the most similar zone addressed by this subsection apply.

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

1. The construction or designation of bus stops, loading zones, shelters, access facilities and pull-out lanes for taxicabs, transit and school vehicles;

2. The construction and/or installation of commercial on-premises signs, and public signs and signals;

3. The construction or installation of minor road and street improvements such as pavement marking, freeway surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screen, safety barriers, energy attenuators, transportation corridor landscaping (including the application of Washington State Department of Agriculture approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality in accordance with WAC 248-54-660), temporary traffic controls and detours, correction of substandard curves and intersections within existing rights-of-way, widening of a highway by less than a single lane width where capacity is not significantly increased and no new right-of-way is required, adding auxiliary lanes for localized purposes, (weaving, climbing, speed change, etc), where capacity is not significantly increased and no new right-of-way is required, channelization and elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation, installation of catchbasins and culverts, and reconstruction of existing roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes;

4. Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections A and B of this section, as well as fencing and the construction of small structures and minor accessory facilities;

5. Additions or modifications to or replacement of any building or facility exempted by subsections A and B of this section when such addition, modification or replacement will not change the character of the building or facility in a way that would remove it from an exempt class; except if the proposed addition or modification is to a building or facility that may meet criteria set forth in SMC 25.12 for landmark designation, the exempt class is residential structures of four (4) or fewer dwelling units and commercial structures of four thousand (4,000) or fewer square feet.

6. The demolition of any structure or facility, the construction of which would be exempted by subsections A and B of this section, except for structures or facilities with recognized historical significance; and except if the proposed demolition is to a building or facility that is not designated a landmark but may meet the criteria set forth in SMC 25.12 for landmark designation, the exempt level is residential structures of four (4) or fewer dwelling units and commercial structures of four thousand (4,000) or fewer square feet.

7. The installation of impervious underground tanks, having a capacity of ten thousand (10,000) gallons or less;

8. The vacation of streets or roads;

9. The installation of hydrological measuring devices, regardless of whether or not on lands covered by water;

10. The installation of any property, boundary or survey marker, other than fences, regardless of whether or not on lands covered by water.

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H. Open Burning. Opening burning and the issuance of any license for open burning shall be exempt. The adoption of plans, programs, objectives or regulations by any agency incorporating general standards respecting open burning shall not be exempt.

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Section 5. Section 25.05.908 of the Seattle Municipal Code, which Section was last amended by Ordinance 119096, is amended as follows:

25.05.908 Environmentally critical areas.

A. The Pursuant to WAC 197-11-908 and 197-11-305 (1) (a), proposals identified in subsection (C) and located within the following environmentally critical areas located in the City and regulated and mapped in of SMC Chapter 25.09, Regulations for Environmentally Critical Areas, and other City codes are subject to the provisions of this chapter: are not categorically exempt from review under this chapter.

1. Landslide-prone areas, including, but not limited to, known landslide areas, potential landslide areas, and steep slopes of forty (40) percent average slope or greater;

2. Riparian corridors

3.2. Wetlands; and

4.3. Fish and wildlife habitat conservation areas.

Within these areas, certain categorically exempt activities listed in Section 25.05.908 C could have a significant adverse environmental impact, require additional environmental review to determine impacts, and may require mitigation beyond the development standards required by all applicable City codes.

B. The scope of environmental review of actions proposals within these environmental critical areas shall be is limited to:

1. Documenting whether the proposal is consistent with The City of Seattle Regulations for Environmentally Critical Areas, SMC Chapter 25.09; and

2. Evaluating potentially significant impacts on the environmentally critical area resources not adequately addressed in The City of Seattle Environmentally Critical Areas Policies or the requirements of SMC Chapter 25.09, Regulations for Environmentally Critical Areas, including in any additional mitigation measures needed to protect the environmentally critical areas in order to achieve consistentcy consistency with SEPA and other applicable environmental review laws.

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D. The Official Land Use Map of The City of Seattle contains overlays identifying the general boundaries of all known environmentally critical areas within the city, which reference The City of Seattle's Environmentally Critical Areas Maps to determine the general boundaries of each environmentally critical area. The Environmentally Critical Areas Maps specify those designated areas which are subject to SEPA pursuant to WAC 25.05.908 197-11-908. A copy of the maps shall be maintained in the SEPA Public Information Center.

The maps shall be used and amended as follows:

1. The maps shall be are advisory and used by the Director of DCLU DPD to provide guidance in determining applicability of SEPA to a property. If the Director of DPD determines that a proposal is located in an area that has been incorrectly mapped as an environmentally critical area, then the Director shall apply SEPA in the same manner as would be applied in areas that are not environmentally critical. Likewise, environmentally critical areas which are incorrectly mapped may be exempted from SEPA by the Director of DCLU when the provisions of subsection D of Section 25.09.040 of the regulations for environmentally critical areas apply.

2. The boundaries and contents of these designated environmentally critical areas maps may be amended by the Director following the environmentally critical areas maps amendment process as set forth in subsection C of Section 25.09.020 of the regulations for environmentally critical areas.

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Section 6. 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 7. Sections 1 through 6 of 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 _________, 2008, and signed by me in open session in authentication of its passage this _____ day of __________, 2008. _________________________________ President __________of the City Council

Approved by me this ____ day of _________, 2008. _________________________________ Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2008. ____________________________________ City Clerk

April 9, 2008 Version #3 final t