AN ORDINANCE relating to redevelopment at Yesler Terrace, designating certain future proposed projects as planned actions pursuant to the State Environmental Policy Act, through use of a Planned Action Ordinance, and establishing certain requirements for these planned actions.

WHEREAS, the State Environmental Policy Act ("SEPA") provides for the integration of environmental review with land use planning and project review through designation of "planned actions" by jurisdictions planning under the Growth Management Act ("GMA"); and

WHEREAS, designation of a planned action expedites the permitting process for implementing projects whose impacts have been previously addressed in an environmental impact statement and thereby encourages desired growth and sustainable development; and

WHEREAS, the City has adopted a Comprehensive Plan complying with the GMA, and through Ordinance 123575 adopted Comprehensive Plan amendments to designate Yesler Terrace as a Master Planned Community site on the Future Land Use Map in anticipation of redevelopment of the site; and

WHEREAS, the Yesler Terrace Redevelopment Environmental Impact Statement identifies impacts and mitigation measures associated with planned redevelopment in Yesler Terrace; and

WHEREAS, the City has adopted development regulations that will help protect the environment, and is adopting development regulations specific to Yesler Terrace that will guide the location, form, quality, and amount of development; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Purpose. The purposes of this ordinance are:

A. To designate certain types of projects implementing the redevelopment of the property identified on Exhibit A to this ordinance (referred to as the "Planned Action Site") as planned actions for purposes of the State Environmental Policy Act ("SEPA");

B. To define conditions for proposed projects in the Planned Action Site to qualify as planned actions and as consistent with this Planned Action Ordinance; and

C. To expedite the land use permit review process by establishing that neither a threshold determination nor additional environmental review is required for proposed projects that are determined to be consistent with this ordinance.

Section 2. Findings. The City of Seattle finds that:

A. The types of development or redevelopment on the Planned Action Site that are specified in this ordinance and that satisfy all the conditions for consistency with this ordinance meet the criteria in SEPA for a planned action. These types of development will be located in an urban growth area and will be consistent with the Comprehensive Plan. In addition, the Housing Authority of the City of Seattle, as SEPA Lead Agency, issued a Final Environmental Impact Statement ("FEIS") on April 13, 2011. The FEIS and the Yesler Terrace Redevelopment Draft Environmental Impact Statement ("DEIS"), dated October 19, 2010, comprise the "Planned Action EIS." A copy of the Planned Action EIS is filed with the City Clerk in C.F. 312429. The Planned Action EIS was issued in conjunction with a phased project for redevelopment of the Planned Action Site. Planned actions designated under this ordinance will be subsequent or implementing projects for that phased development. The Planned Action EIS adequately identifies and addresses the environmental impacts, including project level impacts, of the types of development or redevelopment designated as planned actions in this ordinance.

B. A proposed project will be consistent with this ordinance, and with the development or redevelopment described in this ordinance, only if it conforms to Section 3 of this ordinance and the mitigation measures and conditions contained in the Planned Action Mitigation Document, Exhibit B to this ordinance, including the Tree Protection Plan incorporated in Exhibit B by reference and attached to this ordinance as Exhibit C.

C. A community meeting, public notice and opportunity for public comment were provided as part of the City's process for enacting this ordinance.

Section 3. Planned action designation, description, mitigation and conditions.

A. Planned Action Site. Only proposed projects within the area identified on Exhibit A to this ordinance may qualify as planned actions.

B. Mitigation Document; Application of Planned Action Requirements and Regulations. The Planned Action Mitigation Document, Exhibit B, is based on the analysis in the Planned Action EIS. To the full extent stated in the Planned Action Mitigation Document, any permit for a planned action shall include the conditions or requirements specified in or established pursuant to the Planned Action Mitigation Document. To the full extent stated in the Planned Action Mitigation Document, the applicant for a planned action shall not be entitled to any permit or certificate of occupancy except upon satisfaction of conditions or requirements specified in or established pursuant to the Planned Action Mitigation Document. The applicant shall comply, and ensure compliance with, all conditions and requirements that apply by the terms of this Planned Action Ordinance, whether or not set forth expressly in any permit or plans. In addition to conditions specified in the Planned Action Mitigation Document, the City may impose conditions on a planned action under applicable laws, codes and ordinances.

C. Planned actions. A proposed project may be a planned action only if the applicant seeks, and the Director of Planning and Development ("Director") makes, a determination as described in this subsection 3.C. If the Director determines that a proposed project on the Planned Action Site fully conforms to this Section 3 and incorporates, implements, and will satisfy all conditions and mitigation measures described or incorporated in Exhibit B, as applicable, the proposed project is hereby designated as a "planned action" pursuant to SEPA, and is a "planned action" for purposes of this ordinance. For purposes of applying limits in subsection 3.D of this ordinance to determine whether a proposed project is a planned action, the Director shall include any other development constructed, commenced, for which a permit has been issued, or for which a permit application has been submitted, at the time that a permit application is submitted for the proposed project, except to the extent that a permit or application for other development has been abandoned, has been canceled, has expired, or has been modified with the effect of eliminating or reducing the potential development under that permit or application for the other development.

D. Planned action limits and uses. A proposed project may qualify as a planned action only if each statement in this subsection 3.D is correct as applied to the proposed project.

1. Uses. The proposed project will include only uses that are identified as permitted outright by SMC 23.75.050, or as conditional uses in SMC 23.75.070.

2. Floor area. The proposed project will not cause the gross floor area of cumulative development on the Planned Action Site after January 1, 2012, excluding any floor area exempt from floor area limits under SMC 23.75.085 and SMC 23.75.090, to exceed any of the floor area limits set forth in Table A for subsection 3.D:

3. Highrise structures.

a. All portions above 85 feet in height of any proposed highrise structure, as defined in SMC Chapter 23.75, are substantially consistent with Exhibit D to this ordinance.

b. The proposed project will not result in more than a total of 13 highrise structures, as so defined, on the Planned Action Site.

4. Street vacation. If a proposed project includes or requires the vacation or dedication of streets within the Planned Action Site, the effect of the vacation or dedication is consistent with the street configuration shown on Exhibit E to this ordinance.

5. Trip generation. The proposed project, together with all other development within the Planned Action Site, is not expected to generate more than any of the numbers of net new motor vehicle trips set forth in Table B for Section 3.D, based on the methodology and assumptions set forth in Appendix N to the DEIS or any subsequent methodology and assumptions approved by the Director.

1. If the Director determines that a proposed project for which a permit application is submitted qualifies as a planned action, no threshold determination or additional environmental review for that proposed project is required.

2. This ordinance does not limit the authority of the Director to consider any supplement, addendum or other environmental document relating to the development or redevelopment of the Planned Action Site created after the date of the FEIS.

3. Except as provided in subsection 3.B above, this ordinance does not affect the authority of the Director to approve, condition or deny a permit for a planned action.

Section 4. Time Period. This Planned Action Ordinance shall be in effect for 20 years from its effective date, unless repealed or modified by ordinance. During the course of redevelopment on the Planned Action Site, the Director of Planning and Development shall review progress of redevelopment and mitigation in consultation with the Directors of Housing and Transportation to assess the sufficiency of the mitigation measures in Exhibit B, together with applicable regulations and other documents providing for mitigation or conditions on development. Based on this review, the Director may recommend amendments to this ordinance.

Section 5. SMC References. Each reference to a chapter or section of the Seattle Municipal Code in this ordinance and in exhibits to this ordinance refers to the section as enacted in the ordinance introduced as Council Bill 117541.

Section 6. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

Section 7. This ordinance shall take effect and be in force 30 days 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 ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Dave LaClergue / Martha Lester DPD Yesler Planned Action ORD July 26, 2012 Version #7

Attachments:

EXHIBIT A: Planned Action Site Map

EXHIBIT B: Planned Action Mitigation Document

Yesler Terrace Planned Action

Exhibit B to Ordinance:

Planned Action Mitigation Document

INTRODUCTION AND PURPOSE

The State Environmental Policy Act (SEPA) requires environmental review for project and nonproject proposals, subject to certain exemptions. In order to meet SEPA requirements, Seattle Housing Authority issued the Draft Environmental Impact Statement (DEIS) for Yesler Terrace Redevelopment on October 19, 2010 and the Final Environmental Impact Statement (FEIS) for Yesler Terrace Redevelopment on April 13, 2011. The DEIS together with the FEIS is referenced herein as the "EIS". The EIS identified beneficial and adverse impacts that are anticipated to occur with the future development of the Yesler Terrace Planned Action Site, together with a number of possible measures to mitigate those adverse impacts. SEPA provides that no threshold determination is required for a proposed project that is consistent with a Planned Action Ordinance. The purpose of this Mitigation Document is to establish specific mitigation measures and other conditions that must be included in proposed project actions in order for them to qualify as "planned actions" under the Yesler Terrace Planned Action Ordinance (introduced as Council Bill 117540); referred to as the "Planned Action Ordinance" or "PAO."

GENERAL INTERPRETATION

Capitalized terms used in this document and not defined in it, if defined in the PAO, have the meanings set forth in the PAO.

The organization of this document follows the structure of the Yesler Terrace Redevelopment EIS. Mitigation measures that require preparation of plans, conduct of studies, construction of improvements, conduct of maintenance activities, etc., are the responsibility of the applicant to fund and/or perform. For convenience, the term "mitigation" is used to include all conditions and features that are necessary for "planned action" status and are not included in the PAO itself, or that will become requirements as a result of the applicant's decision to seek a determination of planned action status. Mitigation measures are based on the description of the proposal as well as findings and analysis in the EIS, but that material is generally not repeated in this document.

The mitigation measures necessary for planned action status under the Planned Action Ordinance are the same whether the proposal is submitted by the Seattle Housing Authority (SHA) or any other entity. An applicant seeking a determination that a proposed project is a planned action will complete a planned action checklist and submit other materials required by DPD in order to determine whether it is a planned action as part of the Master Use Permit application process. Any requirements for mitigation occurring after permit issuance (e.g., "during construction," "prior to certificate of occupancy," "for the life of the project") must be imposed as conditions of the grading permit, building permit, and/or Master Use Permit, whichever is most applicable for the condition.

Mitigation measures required during construction of a planned action shall be posted by the permit applicant at the construction site in a location on the property line that is visible and accessible to the public and construction personnel from the street right-of-way. The conditions shall be affixed to placards prepared by DPD and issued along with the building permit. The placards shall be laminated with clear plastic or other weatherproofing material and shall remain in place for the duration of construction.

Certain mitigation measures in this document follow the delineation of sectors and blocks established in Chapter 23.75 of the Seattle Municipal Code, as shown in Figure 1.

Figure 1: Yesler Terrace sectors and blocks

In addition to the specific mitigation measures identified in this document, development within the Planned Action Site is regulated by laws and regulations including federal and state standards, National Environmental Policy Act (NEPA) conditions (administered by the City's Human Services Department), the Seattle Municipal Code (SMC), and associated Director's Rules. This mitigation document does not attempt to address all impacts, many of which are covered by codes and other legally binding conditions on development. Applicable SMC Titles with provisions that may relate to mitigation include:

* Title 15 Street and Sidewalk Use

* Title 21 Utilities

* Title 22 Building and Construction Codes

* Title 23 Land Use Code

* Title 25 Environmental Protection and Historic Preservation

EARTH

Prior to Issuance of a Building Permit

* The Planned Action Site includes tunnels built for drainage and slope stabilization in the early 20th Century. SPU has determined that these tunnels no longer provide a significant drainage function, and consequently has abandoned them. The applicant shall retain a geotechnical engineer to investigate and analyze slope stability and groundwater, including any underlying drainage tunnels. This analysis may be provided for an individual lot or for the drainage tunnels as a whole. If one or more tunnels are present below the lot proposed for development, the applicant must demonstrate that the proposed building and drainage plans are adequate to protect life, property, and utilities, and that the proposed actions will not increase risk of landslides on the affected property or adjacent properties.

AIR QUALITY

Prior to Issuance of a Building Permit

* On lots that are located wholly or partially within 200' of the Interstate 5 right-of-way, any building that contains residential uses shall include HEPA filtration systems on all common area makeup air intakes. For purposes of this requirement, 200' shall be measured from the eastern boundary of WSDOT property.

During Construction

* Best management practices (BMPs) shall be implemented to reduce construction-related emissions. Such practices shall include measures for reducing exhaust emissions and fugitive dust, as follows:

o Require that contractors use ultra-low sulfur diesel, biodiesel, compressed natural gas, or compressed propane. If equipment uses diesel, it shall have been retrofitted with diesel control technology before use at Yesler Terrace.

o Use Commute Trip Reduction (CTR) and other Transportation Demand Management (TDM) programs for construction workers.

o Implement restrictions on construction truck and other vehicle idling, limiting idling time to a maximum of two minutes.

o Spray exposed soil with water or other suppressant to reduce emissions and deposition of particulate matter (PM).

o Pave or use gravel on staging areas and access roadways that will be exposed and subject to erosion for longer than a month.

o Cover all trucks transporting materials, wet or dry, or provide adequate freeboard (space from the top of the material to the top of the truck bed), to reduce PM emissions and deposition during transport.

o Provide wheel washers to remove PM that would otherwise be carried off site by vehicles to decrease deposition of PM on area roadways.

o Cover dirt, gravel, and debris piles to reduce dust and windblown debris.

o Stage construction to reduce transportation system congestion and delays, in order to reduce local emissions during construction.

PLANTS AND ANIMALS

Prior to Issuance of a Demolition, Grading, Master Use, or Building Permit

* Development proposals shall comply with the Yesler Terrace Tree Protection Plan (Yesler Terrace Planned Action Ordinance Exhibit C).

ENERGY -CLIMATE CHANGE AND GREENHOUSE GAS EMISSIONS

During Construction

* 75% of non-hazardous demolition and constructions waste must be diverted from landfill disposal.

NOISE

Prior to Issuance of a Demolition, Grading, Master Use or Building Permit

* The applicant shall submit a construction noise mitigation plan, subject to review and approval by DPD. This plan will include steps to limit decibel levels and duration of construction-related noise, as well as procedures for advanced notice to surrounding properties. All construction activities are limited to non-holiday weekdays between 7:00 A.M. and 6:00 P.M., except that quieter activities approved through a mitigation plan are allowed:

o On non-holiday weekdays between 6:00 P.M. and 8:00 P.M.;

o On Saturdays between 9:00 A.M. and 6:00 P.M.; and

o For emergencies or work that must be done to coincide with street closures, utility interruptions or other similar necessary events.

At a minimum, the plan shall require that all construction activities include the following noise reduction measures:

o Contractors shall use properly sized and maintained mufflers, engine intake silencers, and engine enclosures, and shall turn off idle equipment.

o Mufflers shall be in good working order. Engine enclosures shall be used on equipment when the engine is the dominant source of noise.

o Stationary equipment shall be located as far away from noisesensitive receiving locations as possible. Where noise impacts are still significant, portable noise barriers shall be placed around the equipment with the opening directed away from noise-sensitive receiving locations.

o To the extent feasible, hydraulic or electric models shall be substituted for impact tools such as jack hammers, rock drills and pavement breakers to reduce construction and demolition noise. Electric pumps shall be specified if pumps are required.

o To the extent feasible, contractors shall use broad-band or ambient sensing vehicle back-up alarms.

o Construction staging areas expected to be in use for more than two weeks shall be located away from noise-sensitive receivers, particularly occupied residential units.

o Contractors shall use temporary noise barriers to shield noisesensitive uses, and orient work areas to minimize noise transmission to noise-sensitive off-site locations.

Prior to Issuance of a Master Use or Building Permit

* For development proposals including residential units in locations where exterior average sound levels exceed 65 dB(A) Ldn, the applicant shall demonstrate that building materials and techniques will be employed to reduce the transmission of noise from outside to inside spaces, such that interior sound levels in residential units are 45 dBA Ldn or less.

During Construction

* Contractors shall follow the construction noise mitigation plan required above.

LIGHT AND GLARE

For the Life of the Project

* Exterior lighting, both construction-related and permanent, shall be shielded and directed away from adjacent buildings, and from helicopters using Harborview Medical Center's heliport.

* Glazing shall have an exterior reflectance rating not to exceed .20. No first surface reflective coatings shall be permitted.

HISTORIC RESOURCES

Prior to Issuance of a Master Use Permit

* Any alterations to the exterior of the steam plant, a designated City of Seattle landmark, including demolition of the building, shall not be undertaken without the review and approval of the City Landmarks Preservation Board.

* If a project is proposed adjacent to or across the street from a designated landmark, the Director shall refer the proposal to the City's Historic Preservation Officer for review pursuant to SMC 25.05.675.H.2.d.

Prior to Issuance of a Demolition, Grading, or Building Permit, and During Construction

* Permit applications for proposed project actions adjacent to or across the street from designated landmark structures shall include measures to avoid structural damage to these historic buildings that could occur due to construction-related vibrations and/or grading. All grading, pile driving, shoring, and other land-disturbing activity shall be designed and monitored in order to minimize and/or immediately address any such impacts to these historic buildings. Monitoring shall include crack monitors placed on these historic buildings, periodic observation, and photography to document the structural integrity of these historic buildings and determine whether there was resulting damage of interior or exterior finishes, or exterior masonry and/or framing. If such damage occurs as a result of the project, the applicant shall repair any damage to the affected buildings.

TRANSPORTATION

Prior to Issuance of a Master Use Permit or Building Permit

* Types of public pedestrian access. To be consistent with the Yesler Terrace Planned Action Ordinance, development must include through-block public pedestrian access in certain locations, as specified in this ordinance. Public pedestrian access must be within one of two alternative wider areas:

o Pedestrian pathway. Each pedestrian pathway shall be established as an easement a minimum of 32 feet wide. Within the 32-foot easement, a public easement with a minimum width of 15 feet at all points must be accessible to the general public without charge. The portion of the 32-foot pathway that is not designated for public use by easement may contain amenity area for use by residents in adjacent buildings. Pedestrian pathways shall not allow automobile traffic except for emergency or maintenance vehicles, although they may intersect an access drive.

o Access drive. Each access drive shall be established as an access easement a minimum of 32 feet wide. Within the access drive, a clear pedestrian zone with a minimum width of 6 feet at all points must be accessible to the general public without charge. Access drives may allow automobile traffic.

* Easement conditions. Whether built as a pedestrian pathway or access drive, easements for each required public pedestrian access area shall include the following restrictions:

o Hours of access. Public pedestrian access areas must be available to the general public from 6 a.m. to 10 p.m., each day of the year. Even when closed for public access, these areas may not be gated or otherwise physically closed off.

o Allowed access. Easements shall allow individuals to engage in all activities allowed on a public sidewalk, except that those activities that would require a street use permit if conducted on a public sidewalk may be excluded or restricted. Free speech activities shall be allowed, including hand billing, signature gathering, and holding signs, all without obstructing access to or through the easement area, or to adjacent buildings or property. While engaged in allowed activities, member of the public may not be asked to leave for any reason other than conduct that unreasonably interferes with the enjoyment of the space by others. The terms of an easement may provide that access may be limited temporarily for necessary maintenance, or restricted for reasons of public safety, implementing the Seattle Police Department's Criminal Trespassing Program (SMC 12A.08.040).

o Easements shall be permanent, enforceable by the City, and subject to amendment or termination only by agreement of the property owners and the City.

* Locations of public pedestrian access areas required as a condition to planned action status for development in various blocks are described in Table 1 and depicted in Figure 2. Development located anywhere in Blocks 2, 5, 6, 7 and 8 is not consistent with the Planned Action Ordinance unless a pedestrian pathway or access drive easement has been recorded before a master use permit or building permit is issued for the development, whichever is earlier. Easements must be established by an instrument executed by all owners of property subject to the easement and recorded with the King County Recorder's Office.

Table 1: Locations of required public pedestrian access

Figure 2: Required public pedestrian access

* Each Master Use Permit application shall identify the estimated number of new motor vehicle trips resulting from the proposal. To the extent that the proposal will cause the estimated total number of trips generated from all development at the Yesler Terrace Planned Action Site to exceed the threshold levels set forth in Table 2 (below), the proposal shall provide intersection improvements as identified in Table 2 based on the thresholds to be exceeded, except for improvements already in place or in process. Intersection improvements are subject to approval by the Director of Transportation; if the Director of Transportation recommends deferring improvements, these planned action requirements may be deferred accordingly. Calculation of trip generation shall use the methodology used in the DEIS Appendix N, "Transportation Technical Report," filed with the City Clerk as C.F. 312429, or any subsequent methodology and assumptions approved by the Director of Planning and Development.

Table 2: Thresholds for mitigation implementation

* Each Master Use Permit application for one or more new structures containing 12,000 square feet or more of office uses shall include a Transportation Management Program, complying with Director's Rule 92010 ("Transportation Management Programs"). Office-related TMPs shall have a goal of no more than 20% drive-alone commute trips, and shall include all required TMP elements as well as two or more of the following elements:

o Share office parking on weeknights and weekends. Parking at non-residential garages could be made available for evening and weekend use by residential visitors or for residents who commute during the day. This would use parking more efficiently and help avoid excess parking.

o Unbundle parking from office leases. Office tenants could be required to pay for parking as a separate fee from their office space lease. This promotes use of alternative transportation modes by itemizing the cost of parking.

o Charge for parking. All office employees and visitors could be required to pay for parking at the market rate in the area.

o Offer a flex-pass for parking that limits the number of days an employee can park. Most parking passes are sold on a monthly basis and allow unlimited parking during that month. A flex-pass would be a lower-cost option that would limit the number of days it can be used each month. This type of pass is a good option for employees who walk, take transit or ride a bike to work some days a week, but need a car on certain days for work or personal business.

o Do not reserve individual spaces for office parking. Leases could be structured so that parking spaces at office buildings are not reserved for individual users. This allows all office parking to be shared by employees, and reduces the overall supply requirement.

o Provide parking for car-sharing programs. Car-sharing programs (e.g., Zipcar) allow residents and/or employees to share a pool of vehicles, which reduces parking demand.

o Provide transit passes and access to carpools and van pools. Increased ridership of buses, the First Hill Streetcar, carpools, and van pools will allow residents and employees to reduce singleoccupancy vehicle trips.

o Provide end-of-trip bicycle facilities. Secured bike parking, showers, and lockers will encourage employees to travel by bicycle to and from work, reducing single-occupancy vehicle trips.

* Each Master Use Permit application for one or more new structures containing 20 or more residential units shall include two or more of the following measures to reduce the total amount of parking and the number of drive-alone commute trips:

o Shared parking. This would use parking more efficiently and help avoid excess parking.

o Unbundle parking from residential units. This allows residents to choose whether to pay for a parking stall.

o Provide parking for car-sharing programs. Car-sharing programs (e.g. Zipcar) allow residents and/or employees to share a pool of vehicles, which reduces parking demand.

o Provide transit passes and access to carpools and van pools. Increased ridership of buses, the First Hill Streetcar, carpools, and van pools will allow residents to reduce single-occupancy vehicle trips.

o Provide transportation information centers. This can be achieved in lobbies of buildings, at the community center, or through a transportation coordinator for the entire redevelopment to help Yesler residents learn about transportation options.

Prior to Issuance of a Certificate of Occupancy

* Construction timing. Public pedestrian access improvements shall be provided as follows for all development abutting or including a required pedestrian pathway or access drive provided as a condition to planned action status (see Figure 2 and preceding public pedestrian access requirements), except for renovation of the steam plant. The first such development abutting or including any portion of a such a pedestrian pathway or access drive shall not receive its certificate of occupancy until the required publicly accessible walking surface is constructed, meeting the improvement conditions below. This requirement applies along the full length of where the development lot abuts or contains the pedestrian pathway or access drive.

* Public pedestrian access improvements.

o Access. The public pedestrian access area shall be improved with a surface and necessary drainage so as to be suitable for pedestrian use in all seasons, to at least the minimum width set forth above.

o Coverage. At least 80% of the pedestrian pathway or access drive shall be open to the sky. Any covered portions of a pedestrian pathway must have a minimum height of 10 feet between the ground and any overhead projection, overhanging structure, or weather protection. Any covered portions of an access drive must have a minimum height of 26 feet between the ground and any overhead projection, overhanging structure, or weather protection.

o The public pedestrian access area must include sufficient lighting to provide visible and safe passage for pedestrians during all hours that the area is available for public use.

o Permanent signage alerting passersby to the existence of a public pedestrian access area must be placed in visible locations at entrances to the access area. Signage is subject to approval by the Director of Planning and Development.

PUBLIC UTILITIES

Prior to Issuance of a Building Permit

Plumbing fixtures meeting EPA WaterSense standards, or certified to meet a standard that is determined by the Director to provide substantially equal or better water conservation, shall be specified for all fixtures except kitchen faucets.

Dave LaClergue / Martha Lester DPD Yesler Planned Action EXH B July 24, 2012 Version #7.2

EXHIBIT C: Yesler Terrace Tree Protection Plan (3 MB PDF document)

EXHIBIT D: Highrise Structure Parameters for Planned Actions

Highrise Structure Parameters for Planned Actions

Exhibit D identifies the locations, maximum heights, and maximum floor plate sizes of highrise structures for the purposes of a determination of consistency with the Planned Action Ordinance. The Yesler Terrace Redevelopment Planned Action EIS analyzed the impacts of structures falling within these parameters, including glare, height, bulk, and scale.

For purposes of this determination, height shall be measured pursuant to SMC 23.86.006. "Floor plate" means the greatest gross floor area of any story wholly or in part above 85 feet in height.

For a proposed project to qualify as a planned action, all portions of a proposed highrise structure above 85 feet in height, other than rooftop features allowed to exceed the applicable height limit pursuant to SMC 23.75.110, must be substantially consistent with the parameters of this exhibit. Floor plate numbers indicate the maximum sizes analyzed in the EIS for each location, but in certain cases the floor plate outlines depict a smaller area; in these locations, a proposed structure must be substantially consistent with the more restrictive outline.

This exhibit is intended only to assist in determining whether or not a proposed project is consistent with the Yesler Terrace Planned Action Ordinance, not whether it is consistent with the Land Use Code or is approved for a Master Use Permit (MUP) or building permit. Applicable development standards in the Land Use Code may not permit a proposed structure that satisfies the parameters of this exhibit. Development standards in the Land Use Code include height limits, limits on the number of highrise structures, minimum spacing between highrise structures, setbacks, limits on floor plate size above 85 feet, and view corridor height restrictions. Proposed structures may also be subject to conditions resulting from Design Review.

Diagram

EXHIBIT E: Street Configuration