AN ORDINANCE, relating to land use and zoning; amending Sections 23.76.004, 23.76.006, 23.80.004, 23.84.010, and 23.84.038 of the Seattle Municipal Code to provide for a process to permit light rail transit facilities necessary to support the operation of the Link light rail system.

WHEREAS, in 1996, pursuant to state law, the Central Puget Sound Regional Transit Authority (known as "Sound Transit") proposed, and Central Puget Sound voters approved, financing for a ten year regional transit system plan known as Sound Move; and

WHEREAS, Sound Move includes the Link electric light rail line connecting the cities of SeaTac, Tukwila and Seattle, which will provide numerous benefits to Seattle's residents, workers, and visitors, and which will help the City meet its Comprehensive Plan goals for dense, mixed use urban centers and urban villages connected by high-quality public transit; and

WHEREAS, on November 18, 1999, the Sound Transit Board of Directors, of which two City of Seattle elected officials are members, approved the light rail alignment, station locations, and maintenance base location in the city; and

WHEREAS, the City Council and Mayor have committed to work cooperatively with Sound Transit to ensure that the light rail system gets built cost effectively, and that it is sensitive to the needs and interests of the citizens of Seattle; and

WHEREAS, Sound Transit will apply to the City of Seattle for permits for components of the light rail system, both within and outside of public rights of way, for permanent uses and facilities; and

WHEREAS, currently, the City's Land Use Code (SMC Title 23) does not include an applicable category of use or facility that encompasses the uses and facilities needed to operate and maintain the light rail system; and

WHEREAS, the City Council wants to add such a category of use or facility to the Land Use Code to accommodate Sound Transit's Link light rail system;

NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Exhibit 23.76.004 A of Section 23.76.004 of the Seattle Municipal Code, which Section was last amended by Ordinance 119618, is amended as follows:

Exhibit 23.76.004 A Land Use Decision Framework DIRECTOR'S AND HEARING EXAMINER'S DECISIONS REQUIRING MASTER USE PERMITS

TYPE I Type II

Type III Director's Decision Director's Decision

Hearing Examiner's (No Administrative (Appealable to

Decision Appeal) Hearing Examiner*)

(No Administrative Appeal)

* Compliance with development standards * Temporary uses, more than four weeks * Subdivisions (preliminary

plats) * Uses permitted outright * Variances * Temporary uses, four weeks or less * Administrative conditional uses * Certain street uses * Lot boundary adjustments * Shoreline decisions (*appealable to Shorelines Hearings Board along with all related environmental appeals) * Modifications of features bonused under * Short subdivisions Title 24 * Determinations of significance (EIS * Special Exceptions required) except for determinations of * Design review significance based solely on historic and cultural preservation * Temporary uses, twelve months or less, * Northgate General Development Plan for relocation of police and fire protection * Light rail transit facilities * Exemptions from right-of-way improvement requirements * Special accommodation * Reasonable accommodation * The following environmental determinations: * Minor amendment to a Major Phased 1. Determination of nonsignificance Development Permit (EIS not required) 2. Determination of final EIS adequacy 3. Determinations of significance based solely on historic and cultural preservation 4. A decision by the Director to approve, condition or deny a project based on SEPA Policies 5. A decision by the Director that a project is consistent with a Planned Action Ordinance and EIS (no threshold determination or EIS required) * Major Phased Development

COUNCIL LAND USE DECISIONS

TYPE IV TYPE V (quasi judicial) (legislative)

* Land use map amendments (rezones) * Land Use Code text amendments * Public project approvals * Rezones to implement new City Policies * Major Institution master plans * Concept approval for City facilities * Council conditional uses * Major Institution designations * Downtown planned community developments * Waive or modify development standards for City

facilities * Planned Action Ordinance

Section 2. Subsection C of Section 23.76.006 of the Seattle Municipal Code, which Section was last amended by Ordinance 119904 (Council Bill 113100), is amended as follows:

23.76.006 Master Use Permits required.

* * *

C. The following are Type II decisions:

1. The following procedural environmental decisions for Master Use Permits and for building, demolition, grading and other construction permits are subject to appeal to the Hearing Examiner and are not subject to further appeal to the City Council (supplemental procedures for environmental review are established in SMC Chapter 25.05, Environmental Policies and Procedures):

a. Determinations of Non-significance (DNSs), including mitigated DNSs;

b. Determination that a final environmental impact statement (EIS) is adequate; and

c. Determination of Significance based solely on historic and cultural preservation.

2. The following decisions, including any integrated decisions to approve, condition or deny based on SEPA policies, are subject to appeal to the Hearing Examiner (except shoreline decisions and related environmental determinations which are appealable to the Shoreline Hearings Board):

a. Establishment or change of use for temporary uses more than four (4) weeks not otherwise permitted in the zone or not meeting development standards, including the establishment of temporary uses and facilities to construct a light rail transit system for so long as is necessary to construct the system as provided in Section 23.42.040E, and excepting the temporary relocation of police and fire stations for twelve (12) months or less;

b. Short subdivisions;

c. Variances; provided that, variances sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

d. Special exceptions; provided that, special exceptions sought as part of a Type IV decision may be granted by the Council pursuant to Section 23.76.036;

e. Design review;

f. Administrative conditional uses; provided that, administrative conditional uses sought as part of a Type IV decision may be approved by the Council pursuant to Section 23.76. 036;

g. The following shoreline decisions (supplemental procedures for shoreline decisions are established in Chapter 23.60):

(1) Shoreline substantial development permits,

(2) Shorelines variances,

(3) Shorelines conditional uses;

h. Northgate General Development Plan;

i. Major Phased Development; and

j. Determination of project consistency with a planned action ordinance and EIS;. and

k. Establishment of light rail transit facilities necessary to operate and maintain a light rail transit system, in accordance with the provisions of Section 23.80.004.

* * *

Section 3. Section 23.80.004 of the Seattle Municipal Code, as added by Ordinance 117430, is amended to add a new subsection C as follows:

23.80.004 Review criteria.

A. In reviewing an application for a proposed essential public facility, the decisionmaker shall consider the following:

1. Interjurisdictional Analysis. A review to determine the extent to which an interjurisdictional approach may be appropriate, including consideration of possible alternative sites for the facility in other jurisdictions and an analysis of the extent to which the proposed facility is of a county-wide, regional or state-wide nature, and whether uniformity among jurisdictions should be considered.

2. Financial Analysis. A review to determine if the financial impact upon the City of Seattle can be reduced or avoided by intergovernmental agreement.

3. Special Purpose Districts. When the public facility is being proposed by a special purpose district, the City should consider the facility in the context of the district's overall plan and the extent to which the plan and facility are consistent with the is Comprehensive Plan.

4. Measures to Facilitate Siting. The factors that make a particular facility difficult to site should be considered when a facility is proposed, and measures should be taken to facilitate siting of the facility in light of those factors (such as the availability of land, access to transportation, compatibility with neighboring uses, and the impact on the physical environment).

B. If the decisionmaker determines that attaching conditions to the permit approval will facilitate project siting in light of the considerations identified above, the decisionmaker may establish conditions for the project for that purpose.

C. Light rail transit facilities.

1. Light rail transit facilities necessary to support the operation and maintenance of a light rail transit system are permitted in all zones within the City of Seattle.

2. The Director may approve a light rail transit facility pursuant to Chapter 23.76, Master Use Permits and Council Land Use Decisions only if the alignment, transit station locations, and maintenance base location of the light rail transit system have been approved by the City Council by ordinance or resolution.

3. When approving light rail transit facilities, the Director may impose reasonable conditions in order to lessen identified impacts on surrounding properties. A Master Use Permit is not required for the installation of tracks, below-grade facilities, minor alteration of light rail transit facilities involving no material expansion or change of use, and other minor new construction that, in the determination of the Director, is not likely to have significant adverse impacts on surrounding properties.

4. When approving light rail transit facilities, the Director may impose conditions to ensure consistency with the Seattle Design Guidelines for Link Light Rail to be developed by the City and Sound Transit.

5. A master use permit for light rail transit facilities shall not be issued until the Director has received satisfactory evidence that the applicant has obtained sufficient funding (which might include a Full Funding Grant Agreement with a federal agency) to complete the work described in the master use permit application.

Section 4. Section 23.84.010 of the Seattle Municipal Code, as last amended by Ordinance 119096, is amended by adding the following new definitional subsection:

23.84.010 "E"

* * *

"Essential Public Facilities" means airports, sewage treatment plants, jails, light rail transit systems, and power plants.

* * *

Section 5. Section 23.84.038 of the Seattle Municipal Code, as last amended by Ordinance 119239, is amended to modify existing definitional subsections and add the following new definitional subsection:

23.84.038 "T"

* * *

"Transit station, light rail" means a light rail transit facility whether at grade, above grade or below grade that provides pedestrian access to light rail transit vehicles and facilitates transfer from light rail to other modes of transportation. A light rail transit station may include mechanical devices such as elevators and escalators to move passengers and may also include such passenger amenities as informational signage, seating, weather protection, fountains, artwork, or concessions.

"Transit station access easement" means a public benefit feature consisting of an easement for a pedestrian route or connection to provide direct access from street level to transit tunnel stations and concourses and/or light rail transit facilities.

"Transit station access, grade-level" means a public benefit feature consisting of a pedestrian connection which provides direct access from street level to transit tunnel stations or concourses and/or light rail transit facilities, at approximately the same level as the station mezzanine.

"Transit station access, mechanical" means a public benefit feature consisting of a pedestrian connection that incorporates a mechanical device, such as an escalator, to provide direct access from street level to transit tunnel stations and concourses and/or light rail transit facilities.

"Transportation facilities" means one (1) of the following commercial uses:

1. "Airport, land-based" means a transportation facility used for the takeoff and landing of airplanes.

2. "Airport, water-based" means a transportation facility used exclusively by aircraft which take off and land directly on the water.

3. "Cargo terminal" means a transportation facility in which quantities of goods or container cargo are, without undergoing any manufacturing processes, transferred to other carriers or stored outdoors in order to transfer them to other locations. Cargo terminals may include accessory warehouses, railroad yards, storage yards, and offices.

4. "Heliport" means a transportation facility in which an area on a roof or on the ground is used for the takeoff and landing of helicopters or other steep-gradient aircraft, and one (1) or more of the following services are provided: cargo facilities, maintenance and overhaul, fueling service, tie-down space, hangars, and other accessory buildings and open spaces.

5. "Helistop" means a transportation facility in which an area on a roof or on the ground is used for the takeoff and landing of helicopters or other steep-gradient aircraft, but not including fueling service, hangars, maintenance, overhaul or tie-down space for more than one (1) aircraft.

6. "Passenger terminal" means a transportation facility located on a sea or land transportation line, where people transfer from one (1) mode of vehicular transportation to another or between carriers within the same mode. Such carriers shall have regularly scheduled routes, and may include vans, trains, ships, tour buses or boats, or other types of transportation. Passenger terminals may include ticket counters, waiting areas, management offices, baggage handling facilities, and shops and restaurants. Metro street bus stops and light rail transit stations are not included in this definition.

7. "Personal transportation services" means a transportation facility in which either emergency transportation to hospitals, or general transportation by car, van or limousine for a fee is provided. Such uses generally include dispatching offices and facilities for vehicle storage and maintenance.

8. "Railroad switchyard" means a transportation facility in which:

a. Rail cars and engines are service and repaired; and

b. Rail cars and engines are transferred between tracks and coupled to provide a new train configuration.

9. "Railroad switchyard with a mechanized hump" means a railroad switchyard which includes a mechanized classification system operating over an incline.

10. "Transit vehicle base" means a transportation facility in which a fleet of buses or light-rail cars is stored, maintained, and repaired.

(See also "Fleet vehicles.")

* * *

Section 6. Any act made consistent with the authority and prior to the effective date of this ordinance is hereby ratified and confirmed.

Section 7. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provisions shall not affect the validity of any other provision.

Section 8. 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 ______________, 2000, and signed by me in open session in authentication of its passage this ____ day of _____________, 2000. _____________________________ President of the City Council

Approved by me this ____ day of _______________, 2000. ______________________________ Paul Schell, Mayor

Filed by me this ____ day of _________________, 2000 ______________________________ City Clerk 113168-v9.doc

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