AN ORDINANCE relating to street use; adding new Sections 11.14.203 and 11.14.447; amending Section 3.12.030 of the Seattle Municipal Code to authorize the Director of Transportation to designate public places or portions of public places as festival streets, to recommend the designation of public places or portions of public places as pedestrian plazas, and to regulate the use thereof; and amending the Seattle Department of Transportation Street Use Fee Schedule to establish a festival street permit type.

WHEREAS, the transportation system of Seattle is an extraordinary public asset and is vital and integral to the City's economic health, environmental quality, and social and community fabric; and

WHEREAS, RCW 35.71 provides that the establishment of pedestrian malls is declared to be for a public purpose and that any legislative body of a city may, by ordinance, establish and regulate any street right-of-way as a pedestrian mall by prohibiting vehicular traffic; and

WHEREAS, in 2007, the Seattle City Council passed Ordinance 122386 establishing a Complete Streets policy and stated the Council's intention that the Seattle Department of Transportation (SDOT) implement Complete Streets by designing, operating, and maintaining the transportation network to improve travel conditions for pedestrians, bicyclists, transit, and freight, in a manner consistent with and supportive of the surrounding community; and

WHEREAS, in 2009, the Seattle City Council passed Resolution 31157 approving the Seattle Pedestrian Master Plan, which establishes the intent to make Seattle the most walkable city in the nation through the following four goals: safety, equity, vibrancy, and health; and

WHEREAS, Objective Five of the Seattle Pedestrian Master Plan calls for the creation of vibrant public spaces that encourage walking for multiple purposes including transportation, recreation, and health; and

WHEREAS, Strategy 5.2 of the Seattle Pedestrian Master Plan recommends developing guidelines and protocols for carfree and shared-space streets, including designating pedestrian-only streets in order to reclaim and activate public spaces for pedestrian use; and

WHEREAS, pedestrian-oriented spaces such as festival streets and pedestrian plazas are a foundational element of transportation-oriented communities, as defined by the Seattle Planning Commission in the Seattle Transit Communities report; and

WHEREAS, pedestrian plazas are a form of pedestrian mall authorized by RCW 35.71; and

WHEREAS, festival streets are intended to facilitate intermittent closure to vehicle traffic in order to allow temporary use of the right-of-way for neighborhood or community activities, as authorized by Section 11.16.125 of the Seattle Municipal Code; and

WHEREAS, the Seattle Pedestrian Advisory Board on December 8, 2010 endorsed the designation and establishment of both festival streets and pedestrian plazas as presented by SDOT; and

WHEREAS, festival streets and pedestrian plazas further several goals of the Seattle Pedestrian Master Plan, including the goal to develop a pedestrian environment that sustains healthy communities and supports a vibrant economy; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. A new Section 11.14.203 of the Seattle Municipal Code is added as follows:

11.14.203 Festival Street

"Festival street" means a public place or portion of a public place that has been designated by the Director of Transportation for recurring temporary closure to vehicular traffic use for the purpose of pedestrian-oriented special activities, as established by the Director of Transportation.

Section 2. A new Section 11.14.447 of the Seattle Municipal Code is added as follows:

11.14.447 Pedestrian Plaza

"Pedestrian plaza" means a public place or portion of a public place that has been designated by ordinance entirely for use by pedestrians, which may vary in size and shape; may abut a street or sidewalk; may be separated from roadways used for vehicular travel by curbs, bollards, or other barriers; may be surfaced with special materials and markings; and may contain landscaping, bicycle parking, bicycle storage facilities, public art, benches, tables, chairs, or other facilities for pedestrian use. Pedestrian plazas are a form of pedestrian mall authorized by RCW 35.71.

Section 3. The City hereby adopts and authorizes the establishment of Festival Street and Pedestrian Plaza programs to be implemented and administered by the Director of Seattle Department of Transportation (the Director). The Director may promulgate rules to implement these separate programs. The festival street rule may address the festival street designation process, allowable activities or uses, the term or duration of the activity, permit requirements, mapping of designated festival streets, and other subjects the Director believes may aid in the implementation of the Festival Street program. The pedestrian plaza rule may address the pedestrian plaza recommendation and designation process, maintenance, funding, and other subjects the Director believes may aid in the implementation of the Pedestrian Plaza program.

A. Festival Street Program. Community groups, businesses, or individuals that wish to participate in the Festival Street program shall submit applications to SDOT on forms developed for that purpose. SDOT shall process the applications for proposals to designate a festival street. A festival street must be designated before a Street Use Festival Street Use permit can be issued for that site. SDOT shall coordinate, review, and issue Street Use Festival Street permits, and verify that on-going activities conform to the conditions of the Street Use Festival Street permit. Permittees shall promptly notify SDOT of any material changes in their activities or operations that might affect their compliance with the conditions of the Street Use Festival Street permit.

B. Pedestrian Plaza Program. When the Director determines that it would be in the public interest to create a pedestrian plaza, the Director shall make a recommendation for a pedestrian plaza designation to City Council. The designation of a pedestrian plaza shall be by Council approved ordinance, based on the recommendation of the Director, pursuant to the provisions and requirements of RCW 35.71.

Section 4. Section 3.12.030 of the Seattle Municipal Code, last amended by Ordinance 121420, is amended as follows:

3.12.030 Director's duties(( . ))

Under the direction of the Mayor, the functions of the Director of Transportation include:

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I. Designating public places or portions of public places, as festival streets, as defined in Section 11.14.203.

J. Prescribing the uses that may be permitted on designated festival streets and public plazas, and prohibiting some or all vehicular use on festival streets or pedestrian plazas;

K. Recommending to Council, the designation by ordinance of pedestrian plazas as defined in Section 11.14.447;

L . Performing such other functions as assigned by the City.

If the Director does not possess at least ten (( (10) )) years' experience in civil engineering, (( he or she )) the Director shall appoint and consult on all engineering matters with an assistant who is a professional engineer and has such experience.

Section 5. Seattle Department of Transportation's Street Use Permit Fee Schedule, Attachment A to Ordinance 123477, last amended by Ordinance 123485, as amended by Ordinance 123585, is further amended as follows:

Attachment A: Street Use Permit Fee Schedule

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Section 6. This ordinance shall take effect and be in force 30 days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2011, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2011.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2011.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2011.

____________________________________

City Clerk

(Seal)

Angela Steel/Peter Schmiedeskamp/Michael Jenkins SDOT Festival Street ORD April 20, 2011 Version #13B