ORDINANCE ________________

AN ORDINANCE amending Seattle Municipal Code Section 25.05.675P, Public View Protection, regarding the application of SEPA policies to the Space Needle.

WHEREAS, the City's view protection policies in Chapter 25.05, of the Seattle Municipal Code have not been revised since 1985; and

WHEREAS, view protection policies governing views of landmark structures allows the conditioning or denial of new development where it would have an adverse impact on public views of certain designated landmarks; and

WHEREAS, the Space Needle was designated a City Landmark in April, 1999 and is visible from many public places throughout the city; and

WHEREAS, restricting development throughout the city to protect all public views of the Space Needle is inconsistent with the City's land use, housing and other policies and goals, as more fully described in the report, "Seattle View Protection Policies: Space Needle Executive Report and Recommendation," April 2001; and

WHEREAS, the Council finds that important public views of the Space Needle should be specifically identified in order to protect such views without conflicting with other City policies and goals,

NOW THEREFORE,

BE IT ORDAINED BY THE CITY O F SEATTLE AS FOLLOWS:

Section 1. Subsection 25.05.675P, Public View Protection, of the Seattle Municipal Code, which Section was last amended by Ordinance 119481, is amended as follows:

25.05.675 Specific environmental policies.

* * *

P. Public View Protection.

1. Policy Background.

a. Seattle has a magnificent natural setting of greenery, mountains, and water; visual amenities and opportunities are an integral part of the City's environmental quality.

b. The City has developed particular sites for the public's enjoyment of views of mountains, water and skyline and has many scenic routes and other public places where such views enhance one's experience.

c. Obstruction of public views may occur when a proposed structure is located in close proximity to the street property line, when development occurs on lots situated at the foot of a street that terminates or changes direction because of a shift in the street grid pattern, or when development along a street creates a continuous wall separating the street from the view.

d. Authority provided through the Landmarks Preservation Ordinance6 is intended to preserve sites and structures which reflect significant elements of the City's historic heritage and to designate and regulate such sites and structures as historic landmarks.

e. The adopted Downtown Land Use Policies and Code provide for the preservation of specified view corridors through setback requirements and policies for the use of street space.

f. Adopted Land Use Codes attempt to protect private views through height and bulk controls and other zoning regulations but it is impractical to protect private views through project-specific review.

2. Policies.

a. i. It is the City's policy to protect public views of significant natural and human-made features: Mount Rainer, the Olympic and Cascade Mountains, the downtown skyline, and major bodies of water including Puget Sound, Lake Washington, Lake Union and the Ship Canal, from public places consisting of the specified viewpoints, parks, scenic routes, and view corridors, identified in Attachment 1. (Attachment 1 is located at the end of this Section 25.05.675.) This subsection does not apply to the Space Needle, which is governed by subsection P2c of this section.

ii. The decisionmaker may condition or deny a proposal to eliminate or reduce its adverse impacts on designated public views, whether or not the project meets the criteria of the Overview Policy set forth in SMC Section 25.05.665; provided that downtown projects may be conditioned or denied only when public views from outside of downtown would be blocked as a result of a change in the street grid pattern.

b. i. It is the City's policy to protect public views of historic landmarks designated by the Landmarks Preservation Board which, because of their prominence of location or contrasts of siting, age, or scale, are easily identifiable visual features of their neighborhood or the City and contribute to the distinctive quality or identity of their neighborhood or the City. This subsection does not apply to the Space Needle, which is governed by subsection P2c of this section.

ii. A proposed project may be conditioned or denied to mitigate view impacts on historic landmarks, whether or not the project meets the criteria of the Overview Policy set forth in SMC Section 25.05.665.

c. It is the City's policy to protect public views of the Space Needle from the following public places. A proposed project may be conditioned or denied to protect such views, whether or not the project meets the criteria of the Overview Policy set forth in SMC Section 25.05.665.

i. Alki Beach Park (Duwamish Head)

ii. Bhy Kracke Park

iii. Gasworks Park

iv. Hamilton View Point

v. Kerry Park

vi. Myrtle Edwards Park

vii. Olympic Sculpture Park (City-owned parcel)

viii. Seacrest Park

ix. Seattle Center

x. Volunteer Park

d. Mitigating measures may include, but are not limited to:

i. Requiring a change in the height of the development;

ii. Requiring a change in the bulk of the development;

iii. Requiring a redesign of the profile of the development;

iv. Requiring on-site view corridors or requiring enhancements to off-site view corridors;

v. Relocating the project on the site;

vi. Requiring a reduction or rearrangement of walls, fences or plant material; and

vii. Requiring a reduction or rearrangement of accessory structures including, but not limited to towers, railings and antennae.

Section 2. The provisions of this ordinance are declared to be separate and severable. The invalidity of any particular provision shall not affect the validity of any other provision.

Section 3. 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 ________________, 2001, and

signed by me in open session in authentication of its passage this _______ day of

_______________, 2001.

______________________________________

President of the City Council

Approved by me this _______ of __________________, 2001.

______________________________________

Paul Schell, Mayor

Filed by me this _______ day of __________________, 2001.

______________________________________

City Clerk

(SEAL)