ORDINANCE _________________

AN ORDINANCE relating to land use and zoning; repealing Section 23.48.022, amending Sections 23.22.052, 23.22.100, 23.24.020, 23.24.035, 23.24.040, 23.53.015 and 23.53.020, and adding a new Section 23.53.006 Pedestrian Access and Circulation, to the Seattle Municipal Code to clarify and strengthen the Director of the Department of Planning and Development's authority to require sidewalk improvements associated with new development.

WHEREAS the benefits of walking in terms of disease prevention, mental and physical fitness, social interaction, and general public health and well-being are well-documented; and

WHEREAS the ease with which pedestrians can navigate within a community is an important index of the livability, vitality, affordability, and attractiveness of that community; and

WHEREAS communities where walking is an important part of the transportation network are acknowledged as being more efficient and sustainable; and

WHEREAS the development of pedestrian-friendly neighborhoods and facilities is consistent with the Seattle Comprehensive Plan; and

WHEREAS the Comprehensive Plan has identified Urban Centers and Urban Villages as the areas most suitable to accommodate future population and employment growth; and

WHEREAS public transit service is located primarily within Urban Centers, Urban Villages, and along arterial streets; and

WHEREAS multifamily housing, employment centers, and public transit are significant generators of pedestrian activity; and

WHEREAS the majority of the city's pedestrian activity is located in and around Urban Centers, Urban Villages, and public transit facilities; and

WHEREAS new development is contributing significantly to the volume of both vehicular and pedestrian traffic, particularly in Urban Centers, Urban Villages, and along arterials, necessitating additional sidewalk infrastructure to safely separate new pedestrians from growing vehicular traffic; and

WHEREAS it is necessary to address the growing need for pedestrian infrastructure in areas developing consistent with the City's growth management strategy to accommodate new development in Urban Centers and Villages; and

WHEREAS in order to safely move people from new development to and among destinations within centers, villages, and along arterials

including transit stations, commercial goods and services, and jobs, it is necessary that, over time, a safe pedestrian infrastructure connects these destinations with new development; and

WHEREAS the Land Use Code's requirements for sidewalks are inadequate to meet the growing need for pedestrian infrastructure caused by new development; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 23.22.052 of the Seattle Municipal Code, which Section was last amended by Ordinance 122205, is amended as follows:

23.22.052 Dedications required.

A. Every subdivision shall include adequate provision for dedication of drainage ways, streets, alleys, sidewalks, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.

B. Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the City.

C. Sidewalks accommodating pedestrian access and circulation shall be provided in dedicated streets. Sidewalks must be convenient for pedestrians and contiguous to each other and to any private pedestrian walkways within the subdivision and to any existing sidewalks immediately adjacent to the subdivision.

C.D. Convenient pedestrian and v Vehicular access to every lot shall be fromby way of a dedicated street, or permanent appurtenant easement shall be provided. Access from a dedicated street shall be required, unless the Director determines that the following conditions exist, and permits access by a permanent private easement:

1. Access by private easement would not compromise the goals of the Land Use Code to provide for adequate pedestrian passage and safety, light, air and usable open space between structures; and

2. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and

3. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and

4. No potential safety hazards would result from multiple access points between existing and future developments onto

a roadway without curbs and with limited sight lines; and

5. There is identifiable access for the public and for emergency vehicles; and

6. There is no potential for extending the street system.

D.E. Roads not dedicated to the public must be clearly marked on the face of the plat. Subdivisions adjacent to navigable bodies of water shall contain dedications for public access to the bodies of water unless the Hearing Examiner determines that the public interest will not be served by the dedication. The dedication shall be to the low water mark and shall include easements for pedestrian traffic at least ten (10) feet wide parallel to and bordering the high water mark.

E.F. If the Hearing Examiner concludes that the public interest will be served, the Hearing Examiner may, in lieu of requiring the dedication to the public of land in a subdivision for protective improvements, drainage ways, streets, alleys, sidewalks,

parks and other open space, allow the land to be conveyed to a homeowner's nonprofit maintenance corporation. In that case the subdivider shall, at or prior to the time of filing a final plat for approval, supply the Director with copies of articles of incorporation and bylaws of the grantee organization and with evidence of the conveyance or of a binding commitment to convey. The articles of incorporation shall provide that membership in the corporation shall be conditioned upon ownership of land in the subdivision, that the corporation is empowered to assess the land for costs of construction and maintenance of the improvements and property owned by the corporation, and that the assessment shall be a lien upon the land. The City Attorney shall review and approve the articles of incorporation and bylaws as to compliance with this provision. The Hearing Examiner may impose other conditions as he or she deems appropriate to assure that property and improvements owned by the corporation will be adequately constructed and maintained.

F.G. Any dedication, donation or grant as shown on the face of the plat shall be considered, to all intents and purposes, as a quitclaim deed to the donee or donees, grantee or grantees, for his, her or their use for the purpose intended by the donors or grantors.

G.H. Dedicated sidewalks, streets and alleys shall meet the requirements of Chapter 23.53 and the Right-of-Way Improvements Manual. Private Eeasements shall meet the requirements of Section 23.53.025.

Section 2. Section 23.22.100 of the Seattle Municipal Code, which Section was last amended by Ordinance 122205, is amended as follows:

23.22.100 Design standards.

Except as provided in Section 23.22.106, design of all subdivisions shall conform to the standards set forth in this subsection:

* * *

C. Lots.

1. Every lot shall be provided with convenient vehicular and pedestrian access to a street or to a permanent appurtenant easement which that satisfies the requirements of Section 23.53.005 and 23.53.006.

2. Lots shall be numbered with reference to blocks.

D. Sidewalks. Design of sidewalks or sidewalk easements in residential subdivisions shall meet the standards of shall be as required by the Director of Transportation Right-of-Way Improvements Manual.

* * *

Section 3. Section 23.24.020 of the Seattle Municipal Code, which Section was last amended by Ordinance 120117, is amended as follows:

23.24.020 Content of application.

Applications for approval of a short subdivision shall include the following:

* * *

F. Location of existing roadways, sidewalks, sanitary sewer, storm drain and watermains, if any, together with proposed street improvements; and

* * *

Section 4. Section 23.24.035 of the Seattle Municipal Code, which Section was last amended by Ordinance 122205, is amended as follows:

23.24.035 Access.

A. Every short plat shall include adequate provision for dedication of drainage ways, streets, alleys, sidewalks, easements, slope rights, parks and other public open spaces for general purposes as may be required to protect the public health, safety and welfare.

B. Protective improvements and easements to maintain the improvements shall be dedicated at the discretion of the City.

C. Convenient pedestrian and vehicular access to every lot by way of a dedicated street or permanent appurtenant easement shall be required.

C. Sidewalks accommodating pedestrian access and circulation shall be provided to every lot. Sidewalks must be convenient for pedestrians and contiguous to each other and to any private pedestrian walkways within the shortplat and to any existing sidewalks immediately adjacent to the shortplat.

D. Vehicular Aaccess to new lots shall be from a dedicated street, unless the Director determines that the following conditions exist, and permits access by a permanent private easement:

1. Access by private easement would not compromise the goals of the Land Use Code to provide for adequate light, air and usable open space between structures; and

2. The dedication and improvement of a street is not necessary or desirable to facilitate adequate water supply for domestic water purposes or for fire protection, or to facilitate adequate storm drainage; and

3. The dedication and improvement of a street is not necessary or desirable in order to provide on-street parking for overflow conditions; and

4. No potential safety hazards would result from multiple access points between existing and future developments onto a roadway without curbs and with limited sight lines; and

5. There is identifiable access for the public and for emergency vehicles; and

6. There is no potential for extending the street system.

E. Dedicated streets, sidewalks, and alleys shall meet the requirements of Chapter 23.53 and the Right of Way Improvements Manual. Private E easements shall meet the requirements of Section 23.53.025.

Section 5. Section 23.24.040A of the Seattle Municipal Code, which Section was last amended by Ordinance 121163, is amended as follows:

23.24.040 Criteria for approval.

A. The Director shall, after conferring with appropriate officials, use the following criteria to determine whether to grant, condition or deny a short plat:

1. Conformance to the applicable Land Use Code provisions, as modified by this chapter;

2. Adequacy of access for pedestrians, vehicles, utilities and fire protection as provided in Section 23.53.005, Access to lots, and Section 23.53.006, Pedestrian access and circulation;

3. Adequacy of drainage, water supply and sanitary sewage disposal;

4. Whether the public use and interests are served by permitting the proposed division of land;

5. Conformance to the applicable provisions of Section 25.09.240, Short subdivisions and subdivisions, in environmentally critical areas;

6. Is designed to maximize the retention of existing trees;

7. Conformance to the provisions of Section 23.24.045, Unit lot subdivisions, when the short subdivision is for the purpose of creating separate lots of record for the construction and/or transfer of title of townhouses, cottage housing, clustered housing, or single-family housing; and

8. Conformance to the provisions of Section 23.24.046, Multiple single-family dwelling units on a single-family lot, when the short subdivision is for the purpose of creating two (2) or more lots from one (1) lot with more than one (1) existing single-family dwelling unit.

* * *

Section 6. Section 23.48.022 of the Seattle Municipal Code, which Section was established by Ordinance 118302, is hereby repealed.

Section 7. A new Section 23.53.006 of the Seattle Municipal Code, is adopted to read as follows:

23.53.006 Pedestrian access and circulation

A. General Requirements. All streets in all zones are required to accommodate pedestrian access and circulation, as set forth in this Section. Pedestrian-related improvements shall meet the requirements of this chapter and the Right-of-Way Improvements Manual.

B. Sidewalk Requirements in all zones within Urban Centers and Urban Villages.

1. New streets. Sidewalks and curbs are required whenever new streets are created through the platting process or are

otherwise dedicated for public use.

2. Existing streets. Sidewalks are required whenever new lots are created or development is proposed adjacent to any existing street without a sidewalk, or wherever an existing sidewalk does not meet Right-of-Way Improvements Manual standards, in any zone, except as specified in subsection D of this section.

C. Sidewalk Requirements in all zones outside Urban Centers and Urban Villages.

1. New streets. Sidewalks and curbs are required whenever new streets are created through the platting process or are otherwise dedicated for public use.

2. Existing streets.

a. Arterials. Sidewalks are required whenever new lots are created or development is proposed adjacent to an arterial in any zone, except as specified in subsection D of this section.

b. Streets within a pedestrian designated zone. Sidewalks are required whenever new lots are created or development is proposed in any zone with a pedestrian designation, except as specified in subsection D of this section.

c. Non-arterials. Sidewalks are required whenever new lots are created or development is proposed that exceeds three (3) or more lots, three (3) or more dwelling units, or includes any amount of nonresidential space adjacent to a non-arterial in any zone, except as specified in subsection D of this section.

D. Exceptions. Exceptions to sidewalk requirements may be granted under one or more of the following circumstances:

1. Types of Projects. Sidewalks are not required for changes of use, or for remodeling and additions to existing structures where the total square footage of the remodel or addition is less than 500 square feet;

2. Types of Sites. The Director may waive or modify the requirement for sidewalks and curbs when it is determined that one (1) or both of the following conditions are met:

a. Location in an environmentally critical area or buffer, disruption of existing drainage patterns, or removal of natural features such as significant trees makes installation of a sidewalk impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes installation of a sidewalk impractical or undesirable.

Section 8. Section 23.53.015 of the Seattle Municipal Code, which Section was last amended by Ordinance 122311, is amended as follows:

23.53.015 Improvement requirements for existing streets in residential and commercial zones.

A. General Requirements.

1. In residential or commercial zones, wWhen new lots are proposed to be created, or any type of development is proposedin residential or commercial zones, existing streets abutting the lot(s) shall beare required to be improved in accordance with this section. In addition to the pedestrian access and circulation requirements in Section 23.53.006,One one (1) or more of the following types of improvements may also be required:

a. Pavement;

b. Curb and sidewalkinstallation;

c. Drainage;

d. Grading to future right-of-way grade;

e. Design of structures to accommodate future right-of-way grade;

f. No-protest agreements; and

g. Planting of street trees and other landscaping.

A setback from the property line, or dedication of rightof-way, may be required to accommodate the improvements.

2. Subsection D of this section contains exceptions from the standard requirements for street improvements, including exceptions for streets which already have curbs, projects which

that are smaller than a certain size, and for special circumstances, such as location in an environmentally critical area or buffer.

3. Off-site improvements, such as provision of drainage systems or fire access roads, will be required pursuant to the authority of this Code or other ordinances to mitigate the impacts of development.

4. Detailed requirements for street improvements are located in the current Right-of-Way Improvements Manual, as adopted by joint rule of the Director and the Director of Transportation.

5. The regulations in this section are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.

6. Minimum Right-of-Way Widths.

a. Arterials. The minimum right-of-way widths for arterials designated on Exhibit 23.53.015 A shall be as specified in the Right-of-Way Improvements Manual. (See Exhibit 23.53.015 A.)

b. Non-arterials.

(1) The minimum right-of-way width for an existing street which is not an arterial designated on Exhibit 23.53.015 A shall be as shown on cChart A for Section 23.53.015.

Chart A

for Section 23.53.015

Minimum Right-of-Way Widths for Existing Non-arterial Streets

Zone Category Required Right-of-Way Width 1.SF, LDT, L1, L2 and NC1 zones; and 40 feet NC2 zones with a maximum height limit of forty feet (40') or less 2.L3, L4, MR, HR, NC2 zones with height 52 feet limits of more than forty feet (40'), NC3, C1, C2 and SCM zones

(2) When a block is split into more than one (1) zone, the zone category with the most frontage shall determine the minimum width on the chart. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum right-of-way width.

B. Improvements to Arterials. Except as provided in subsection D of this section, arterials shall be improved according to the following requirements:

1. When a street is designated as an arterial on Exhibit 23.53.015 A, a paved roadway with a concrete curb and sidewalk as required by Section 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

2. If necessary to accommodate the right-of-way and roadway widths specified in the Right-of-Way Improvements Manual, dedication of right-of-way shall be required.

C. Improvements to Non-arterial Streets. Except as provided in subsection D of this section, non-arterial streets shall be improved according to the following requirements:

1. Non-arterial Streets With Right-of-Way Greater Than or Equal to the Minimum Right-of-Way Width.

a. Improvement Requirements. When an existing non-arterial street right-of-way is greater than or equal to the minimum right-of-way width established in subsection A6, a paved roadway with a concrete curb and sidewalk sidewalks as required by 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be

provided, according toas specified inthe Right-of-Way Improvements Manual.

b. Fire Access. If the lot does not have vehicular access from a street or private easement which meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative whichthat provides adequate emergency vehicle access.

c. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Right-of-Way Improvements Manual. The Director, in consultation with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

2. Non-arterial Streets With Less Than the Minimum Right-of-Way Width.

a. Dedication Requirement. When an existing non -arterial street has less than the minimum right-of-way width established in subsection A6 of this section, dedication of additional right-of-way equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section shall beis required; provided, however, that if right-of-way has been dedicated since 1982, other lots on the block shall not be required to dedicate more than that amount of right-of-way.

b. Improvement Requirement. A paved roadway with a concrete curb and sidewalksidewalks as required by Section 23.53.006, drainage facilities and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, according toas specified in the Right-of-Way Improvements Manual.

c. Fire Access. If the lot does not have vehicular access from a street or private easement which meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative whichthat provides adequate emergency vehicle access.

d. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Right-of-Way Improvements Manual. The Director, in consultation with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

D. Exceptions.

1. Streets With Existing Curbs.

a. Streets With Right-of-Way Greater Than or Equal to the Minimum Right-of-WayWidth. When a street with existing curbs abuts a lot and the existing right-of-way is greater than or equal to the minimum width established in subsection A6 of this section, but the roadway width is less than the minimum established in the Right-of-Way Improvements Manual, the following requirements shall be met:

(1) All structures on the lot shall be designed and built to accommodate the grade of the future street improvements.

(2) A no-protest agreement to future street improvements shall be is required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

(3) If there is no sidewalk, a sidewalk shall be builtconstructed in the portion of the right-ofway abutting the lot unless an exception set forth in Section 23.53.006D is applicableexcept when the following types of projects are proposed:

i. Remodeling and use changes within existing structures; and

ii. Additions to existing structures that are exempt from environmental review.

b. Streets With Less than the Minimum Right-of-Way Width. When a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection A6 of this section, the following requirements shall be met:

(1) Setback Requirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section shall beis required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. In all residential zones except

Highrise zones, an additional three (3) foot setback shall also be required. The area of the setback may be used to meet any development standards, except that required parking may not be located in the setback. Underground structures that would not prevent the future widening and improvement of the right-of-way may be permitted in the required setback by the Director after consulting with the Director of Transportation.

(2) Grading Requirement. When a setback is required, all structures on the lot shall be designed and built to accommodate the grade of the future street, according to the Right-of-Way Improvements Manual.

(3) No-protest Agreement Requirement. A noprotest agreement to future street improvements shall beis required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

(4) If there is no sidewalk, a sidewalk shall be built in the portion of the right-of-way abutting the lot unless an exception set forth in Section 23.53.006D is applicable.

2. Projects With Reduced Improvement Requirements.

a. One (1) or Two (2) Dwelling Units. When one (1) or two (2) dwelling units are proposed to be constructed, or one (1) or two (2) Single Family zoned lots are proposed to be created, the following requirements shall be met:

(1) If there is no existing hard-surfaced roadway, a crushed-rock roadway at least sixteen (16) feet in width shall be required, according to the Right-of-Way Improvements Manual.

(2) All structures on the lot(s) shall be designed to accommodate the grade of the future street improvements.

(3) A no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

(4) Within Urban Centers, Urban Villages and pedestrian designated zones, and adjacent to arterials, sidewalks are required as specified in Section 23.53.006.

b. Other Projects With Reduced Requirements. The types of projects listed in this subsection D2b are exempt from right-of-way dedication requirements and are subject to the street improvement requirements of this subsectionin addition to pedestrian access and circulation requirements of Section 23.53.006 :

(1) Types of Projects.

i. Proposed developments that contain fewer than ten (10) units in SF, LDT and L1 zones, and six (6) residential units in all other zones;

ii. The following uses when they are smaller than seven hundred fifty (750) square feet of gross floor area: major and minor vehicle repair uses, and multipurpose convenience storesretail sales;

iii. Non-residential structures that have less than four juthousand (4,000) square feet of gross floor area and that do not contain uses listed in subsection D2b(1)ii that are larger than seven hundred fifty (750) square feet;

iv. Structures containing a mix of residential uses and either nonresidential uses or live-work units,

if there are fewer than ten (10) units in SF, LDT and L1 zones, or fewer than six (6) residential units in all other zones, and the square footage of nonresidential use is less than specified in subsections D2b(1)ii and D2b(1)iii;

v. Remodeling and use changes within existing structures;

vi. Additions to existing structures that are exempt from environmental review; and

vii. Expansions of a surface parking area or open storage area of less than twenty (20) percent of parking area or storage area or number of parking spaces.

(2) Paving Requirement. For the types of projects listed in subsection D2b(1), the streets abutting the lot shall have a hard-surfaced roadway at least eighteen (18) feet wide. If there is not an eighteen (18) foot wide hard-surfaced roadway, the roadway shall be paved to a width of at least twenty (20) feet from the lot to the nearest hard-surfaced street meeting this requirement, or one hundred (100) feet, whichever is less. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Right-of-Way Improvements Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

(3) Other Requirements. The setback, grading and no-protest agreement requirements of subsection D1b shall also be met.

3. Exceptions from Required Street Improvements. The Director may waive or modify the requirements for paving and drainage, dedication, setbacks, grading, no-protest agreements, and/orlandscaping and curb and sidewalk installation when it is determined that one (1) or more of the following conditions are met:

a. Location in an environmentally critical area or buffer, disruption of existing drainage patterns, or removal of natural features such as significant trees makes widening and/or improving the right-of-way impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes widening the right-of-way impractical or undesirable.

c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for green street, boulevards, or other special rights-of-way, or would otherwise conflict with the stated goals of such a plan.

d. Widening and/or improving the right-of-way would eliminate street access to an existing lot.

e. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.

f. One (1) or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely.

g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example due to an inability to meet the required twenty (20) percent maximum driveway slope.

h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential pedestrian and vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.

Section 9. Section 23.53.020 of the Seattle Municipal Code, which Section was last amended by Ordinance 122205, is amended as follows:

23.53.020 Improvement requirements for existing streets in industrial zones.

A. General Requirements.

1. When new lots are created or any type of development is proposed in an industrial zone, existing streets abutting the lot(s) shall be required to be improved in accordance with this section. In addition to the pedestrian access and circulation requirements in Section 23.53.006, O one (1) or more of the following types of improvements may be required:

a. Pavement;

b. Curb and sidewalkinstallation;

c. Pedestrian walkways;

d. c. Drainage;

e. d. Grading to future right-of-way grade;

f. e. Design of structures to

accommodate future right-of-way grade;

g. f. No-protest agreements;and

h. g. Planting of street trees and other landscaping.

A setback from the property line, or dedication of right-of-

way, may be required to accommodate the improvements.

2. Subsection E of this section contains exceptions from the standard requirements for streets improvements, including exceptions for streets whichthat already have curbs, projects whichthat are smaller than a certain size, and for special circumstances, such as location in an environmentally critical area.

3. Off-site improvements, such as provision of drainage systems or fire access roads, will be required pursuant to the authority of this Code or other ordinances to mitigate the impacts of development.

4. Detailed requirements for street-related improvements are located in the current Right-of-Way Improvements Manual, as adopted by joint rule of the Director and the Director of Transportation

5. The regulations in this section are not intended to preclude the use of Chapter 25.05 of the Seattle Municipal Code, the Seattle SEPA Ordinance, to mitigate adverse environmental impacts.

6. Minimum Right-of-Way Widths.

a. Arterials. The minimum right-of-way widths for arterials designated on Exhibit 23.53.015 A shall be as specified in the Right-of-Way Improvements Manual.

b. Non-arterials.

(1) The minimum right-of-way width for an existing street whichthat is not an arterial designated on Exhibit 23.53.015 A shall be as shown on cChart A for Section 23.53.020.

Chart A for Section 23.53.020

Minimum Right-of-Way Widths for Existing Non-arterial Streets

Zone Category Required Right-of-Way Width 1.IB, IC 52 feet 2.IG1, IG2 56 feet

(2) When a block is split into more than one (1) zone, the zone category with the most frontage shall determine the minimum width on the chart. If the zone categories have equal frontage, the one with the wider requirement shall be used to determine the minimum right-of-way width.

B. Improvements on Designated Streets in All Industrial Zones. In all industrial zones, except as provided in subsection E of this section, when a lot abuts a street designated on the Industrial Streets Landscaping Maps, Exhibits 23.50.016 A and 23.50.016 B, the following on-site improvements shall be provided:

1. Dedication Requirement. When the street right-of-way is less than the minimum width established in subsection A6 of this section, dedication of additional right-of-way equal to half the difference between the current right-of-way and the minimum right-ofway width established in subsection A6 of this section shall be is required; provided, however, that if right-of-way has been dedicated since 1982, other lots on the block shall not be required to dedicate more than that amount of right-of-way.

2. Curbs and SidewalksImprovement Requirements. A paved roadway with a concrete curb and sidewalk as required by Section 23.53.006, and drainage facilities shall be provided in the portion of the street right-of-way abutting the lot, as specified in the Right-of-Way Improvements Manual.

3. Street Trees.

a. Street trees shall be provided along designated street frontages. Street trees shall be provided in the planting strip according to City Tree Planting Standards.

b. Exceptions to Street Tree Requirements.

(1) Street trees required by subsection B3a may be located on the lot at least two (2) feet from the street lot line instead of in the planting strip when:

i. Existing trees and/or landscaping on the lot provide improvements substantially equivalent to those required in this section;

ii. It is not feasible to plant street trees according to City standards. A five (5) foot deep landscaped setback area shall be required along the street property lines and trees shall be planted there. If an on-site landscaped area is already required, the trees shall be planted there if they cannot be placed in the planting strip.

C. General Industrial 1 and 2 (IG1 and IG2) Zones. Except as provided in subsection E of this section, the following improvements shall be required in IG1 and IG2 zones. Further improvements may be required on streets designated in subsection B of this section.

1. Pedestrian Walkway Requirement. When an existing street right-of-way abuts a lot and the street does not have curbs, pedestrian walkways shall be provided according toas specified in the Right-of-Way Improvements Manual.

2. Setback Requirement. When the right-of-way abutting a lot has less than the minimum width established in subsection A6 of this section, a setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A of this section shall be is required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. The area of the setback may be used to meet any development standards, except that required parking may not be located in the setback. Underground structures whichthat would not prevent the future widening and improvement of the right-of-way may be permitted in the required setback by the Director after consulting with the Director of Transportation.

3. Grading Requirement. When an existing street abutting a lot is less than the width established in subsection A6 of this section, all structures shall be designed and built to accommodate the grade of the future street improvements.

4. Fire Access. If the lot does not have vehicular access from a street or private easement which meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative whichthat provides adequate emergency vehicle access.

5. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Right-of-Way Improvements Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

6. No-protest Agreement Requirement. When a setback and/or pedestrian walkway is required according to subsections C1 and/or C2, a no-protest agreement to future street improvements shall be required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the King County Department of Records and Elections.

D. Industrial Buffer (IB) and Industrial Commercial (IC) Zones. Except as provided in subsection E of this section, the following improvements shall be providedare required in IB and IC zones:

1. The requirements of this subsection D1 shall apply when projects are proposed on lots in IB zones which are directly across a street from, or whichthat abut, a lot in a residential or commercial zone, and to all projects in IC zones:

a. Improvements to Arterials.

(1) When a street is designated as an arterial on Exhibit 23.53.015 A, a paved roadway with a concrete curb and sidewalkas required by Section 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, according to as specified in the Right-of-Way Improvements Manual.

(2) If necessary to accommodate the right-ofway widths specified in the Right-of-Way Improvements Manual, dedication of right-of-way shall be required.

b. Improvements to Non-arterial Streets.

(1) Non-arterial Streets With Right-ofway Greater Than or Equal to the Minimum Right-of-Way Width.

i. Improvement Requirements. When an existing non-arterial street right-of-way is greater than or equal to the minimum right-of-way width established in subsection A6 of this section, a paved roadway with a concrete curb and sidewalk as specified in Section 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-ofway abutting the lot, according toas specified in the Right-of-Way Improvements Manual.

ii. Fire Access. If the lot does not have vehicular access from a street or private easement which that meets the regulations for fire access roads in Chapter10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative whichthat provides adequate emergency vehicle access.

iii. Dead-end Streets. Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Right-of-Way Improvements Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

(2) Non-arterial Streets Which Have With Less Than the Minimum Right-of-Way Width.

i. Dedication Requirement. When an existing non-arterial street has less than the minimum rightof-way established in subsection A6 of this section, dedication of additional right-of-way equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A of this section shall be is required; provided, however, that if right-of-way has been dedicated since 1982, other lots on the block shall not be required to dedicate more than that amount of right-of-way.

ii. Improvement Requirement. A paved roadway with a concrete curb and sidewalk as required in Section 23.53.006, drainage facilities, and any landscaping required by the zone in which the lot is located shall be provided in the portion of the street right-of-way abutting the lot, according toas specified in the Right-of-Way Improvements Manual.

iii. Fire Access. If the lot does not have vehicular access from a street or private easement which that meets the regulations for fire access roads in Chapter 10 of the Seattle Fire Code, such access shall be provided. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative which provides adequate emergency vehicle access.

iv. Dead-end Streets. When an existing street does not meet these regulations, the Chief of the Fire Department may approve an alternative which provides adequate emergency vehicle access.Streets that form a dead end at the property to be developed shall be improved with a cul-de-sac or other vehicular turnaround in accordance with the Right-of-Way Improvements Manual. The Director, after consulting with the Director of Transportation, shall determine whether the street has the potential for being extended or whether it forms a dead end because of topography and/or the layout of the street system.

2. When projects are proposed on lots in IB zones which are not directly across a street from, and do not abut, a lot in a residential or commercial zone, the requirements of subsection C of this section shall be met.

E. Exceptions.

1. Streets With Existing Curbs.

a. Streets With Right-of-way Greater Than or Equal to the Minimum Right-of-way Width. When a street with existing curbs abuts a lot, and improvements would be required by subsections B or D of this section, and the existing right-of-way is greater than or equal to the minimum width established in subsection A6 of this section, but the roadway width is less than the minimum established in the Right-of-Way Improvements Manual, the following requirements shall be met:

(1) All structures on the lot shall be designed and built to accommodate the grade of the future street improvements.

(2) A no-protest agreement to future street improvements shall beis required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the title to the property with the King County Department of Records and Elections.

(3) If there is no sidewalk, a sidewalk shall be provided unless an exception set forth in Section 23.53.006 is applicable.shall be constructed except when the following projects are proposed:

i. Remodeling and use changes within existing structures;

ii. Additions to existing structures which are exempt from environmental review.

b. Streets With Less Than the Minimum Right-of-way Width. When a street with existing curbs abuts a lot and the existing right-of-way is less than the minimum width established in subsection A6 of this section, the following requirements shall be met:

(1) Setback Requirement. A setback equal to half the difference between the current right-of-way width and the minimum right-of-way width established in subsection A6 of this section shall be required; provided, however, that if a setback has been provided under this provision, other lots on the block shall provide the same setback. The area of the setback may be used to meet any development standard, except that required parking may not be located in the setback. Underground structures which would not prevent the future widening and improvements of the right-of-way may be permitted in the required setback by the Director after consulting with the Director of Transportation.

(2) Grading Requirement. When a setback is required, all structures on the lot shall be designed and built to accommodate the grade of the future street, according to the Right-of-Way Improvements Manual.

(3) A no-protest agreement to future street improvements shall beis required, as authorized by RCW Chapter 35.43. The agreement shall be recorded with the title to the property with the King County Department of Records and Elections.

(4) If there is no sidewalk, a sidewalk shall be provided unless an exception set forth in Section 23.53.006 is applicable.

2. Projects with Reduced Improvement Requirements. The following types of projects are exempt from all dedication and improvement requirements of subsections B, C and D of this section except pedestrian access and circulation requirements as specified in Section 23.53.006, but shall meet the setback, grading and noprotest requirements of subsection E1b if the street right-of-way abutting the lot has less than the minimum right-of-way width established in subsection A of this section or does not meet the grade of future street improvements.

a. Structures with fewer than ten (10) artist's studio dwellings;

b. The following uses when they are smaller than seven hundred fifty (750) square feet of gross floor area: major and minor vehicle repair uses, and multipurpose convenience stores retail sales;

c. Nonresidential structures whichthat have less than four thousand (4,000) square feet of gross floor area and whichthat do not contain uses listed in subsection E2b of this section whichthat are larger than seven hundred fifty (750) square feet;

d. Structures containing a mix of artist's studio dwellings and nonresidential uses, if there are fewer than ten (10) artist's studio dwellings, and the square footage of nonresidential use is less than specified in subsections E2b and E2c of this section;

e. Remodeling and use changes within existing structures;

f. Additions to existing structures which are exempt from environmental review; and

g. Expansions of a surface parking area or open storage area of less than twenty (20) percent of parking area or storage area or number of parking spaces.

3. Exceptions from Required Street Improvement Requirements. The Director may waive or modify the requirements for paving, dedication, setbacks, grading, no-protest agreements, and/or landscaping and sidewalk and pedestrian walkway installation when it is determined that one (1) or more of the following conditions are met:

a. Location in an environmentally critical area or buffer, disruption of existing drainage patterns, or removal of natural features such as significant trees makes widening and/or improving the right-of-way impractical or undesirable.

b. The existence of a bridge, viaduct or structure such as a substantial retaining wall makes widening the right-of-way impractical or undesirable.

c. Widening the right-of-way and/or improving the street would adversely affect the character of the street, as it is defined in an adopted neighborhood plan or adopted City plan for Green Streets, boulevards, or other special rights-of-way, or would otherwise conflict with the stated goals of such a plan.

d. Widening and/or improving the right-of-way would make building on a lot infeasible by reducing it to dimensions where development standards cannot reasonably be met.

e. Widening and/or improving the right-of-way would eliminate street access to an existing lot.

f. One (1) or more substantial principal structures on the same side of the block as the proposed project are located in the area needed for future expansion of the right-of-way and the structure(s)' condition and size make future widening of the remainder of the right-of-way unlikely.

g. Widening and/or improving the right-of-way is impractical because topography would preclude the use of the street for vehicular access to the lot, for example due to an inability to meet the required twenty (20) percent maximum driveway slope.

h. Widening and/or improving the right-of-way is not necessary because it is adequate for current and potential pedestrian and vehicular traffic, for example, due to the limited number of lots served by the development or because the development on the street is at zoned capacity.

Section 10. 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 _________, 2007, and signed by me in open session in authentication of its passage this _____ day of __________, 2007.

_________________________________

President __________of the City Council

Approved by me this ____ day of _________, 2007.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of _________, 2007.

____________________________________

City Clerk

(Seal)

Cheryl Sizov/DK

DPD Sidewalks ORD.doc

August 16, 2007

Version #3

Form Last Revised on December 16, 2006