AN ORDINANCE relating to land use and zoning, amending Ordinance 119453 to extend and expand a moratorium on the construction of new single-family dwellings over water, and declaring an emergency requiring a three-fourths vote of the Seattle City Council so that this amendatory Ordinance may take effect immediately.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The City Council hereby makes the following legislative findings of fact and declarations:

1. The Seattle Shoreline Master Program authorizes the new construction of single-family residences over water in the Urban Stable and Conservancy Recreation shoreline environments, pursuant to SMC 23.60.604 and SMC 23.60.365.

2. In response to the listing of the Chinook salmon as a threatened species under the federal Endangered Species Act in 1999, the Seattle City Council adopted Ordinance 119453 to establish a temporary moratorium on single-family residential development over water in portions of the Urban Stable environment along Seaview Avenue Northwest. The moratorium was scheduled to expire on August 1, 1999.

3. Because analysis of the potential impacts of residential construction over water on salmon in Seattle's waters has not been completed, additional time is required before the City Council can determine the appropriate regulation of such development.

4. If proposals to establish residences in and over the waters of Salmon Bay or Lake Washington become legally vested before the analysis is complete and before the City Council has determined the appropriate scope of regulation, the Council's ultimate legislative decision may be frustrated, and uses may be permanently established which are harmful to salmon and salmon habitat, and inimical to the public health, safety, and welfare. Because the acquisition of vested rights may be imminent, an emergency exists which requires the extension of the moratorium on the acceptance of applications for or issuance of use permits until January 1, 2000, and the expansion of the moratorium to include potential over water development of new single-family dwellings within the Conservancy Recreation environment with the adoption of this moratorium ordinance.

5. The shorelines of the City are a unique and scarce resource which should generally be reserved for water-dependent or water-related uses, and single-family residences may be located elsewhere in the City without the need to preclude more appropriate water uses from the shoreline.

6. The City has legal authority to establish a temporary, permit moratorium pursuant to the authority granted by Article 11, Section 11 of the Washington Constitution, the Growth Management Act, RCW 36.70A.390, and Matson v. Clark County, 79 Wn. App. 641 (1995).

Section 2. Section 2 of Ordinance 119453 is hereby amended to read as follows:

Until January 1, 2000, no use permit application or construction permit application may be accepted or use or building permit issued for any single-family residence proposed to be located in or over water pursuant to SMC 23.60.365 or 23.60.604.

Section 3. The City Council approves the work program for the analysis of development of over-water residences which is attached as Attachment 1 to this Ordinance, and directs City Council staff to schedule a public hearing on this Ordinance as prescribed by RCW 36.70A.390.

Section 4. This Ordinance shall become effective immediately upon the approval or signing of the ordinance by the Mayor or passage over his veto, as provided by the Charter of the City.

Passed by a three-fourths vote of all the members of the City Council the _______ day of ___________________, 1999, and signed by me in open session in authentication of its passage this _______ day of ___________________, 1999.

______________________________

President ______________ of the City Council

Approved by me this _______ day of ___________________, 1999.

______________________________

Mayor

Filed by me this _______ day of ___________________, 1999.

______________________________

City Clerk

(SEAL)

Attachment 1

Work Program for Development of Over-water Residences Analysis

The Department of Design, Construction, and Land Use (DCLU) will undertake the following work program to support the City Council's enactment of the moratorium on over-water residences pursuant to 23.60.365 and 23.60.604.

Review Comprehensive Plan, Shoreline Master Program, Critical Areas, SEPA, and Stormwater goals, policies, and regulations that may apply to the protection of salmon and the approval, mitigation, or denial of projects with potential impacts from over-water residential development.

Complete an inventory of areas in the city where over-water residential development is permitted.

At a minimum, gather information and data from the following sources (as available): City of Seattle Built Environment Study; Tri-county Urban Issues Study; Tri-county technical work group on regulations; NMFS 4d proposed rule and documentation, including biological assessment.

Develop options for addressing the potential impacts from over-water residential development, which could include the requirement for additional site specific studies or expanded environmental review, conditions on use and construction, amendments to development standards, or prohibition of new over-water residential development.

Conduct any required SEPA review on option(s) to be submitted to the City Council.

Prepare report and any accompanying proposed legislation to be submitted to the City Council for consideration, public comment, and possible action.