CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to fees and charges for permits and activities of the Seattle Department of Construction and Inspections, related fees by other departments, and technical corrections; amending Sections 3.58.090, 15.04.074, 22.900B.010, 22.900B.020, 22.900C.010, 22.900D.010, 22.900D.070, 22.900D.090, 22.900D.100, 22.900D.110, 22.900D.140, 22.900D.145, 22.900D.150, 22.900D.160, 22.900E.020, 22.900E.030, 22.900E.040, 22.900E.050, 22.900E.060, 22.900F.010 and 22.900G.015 of the Seattle Municipal Code (SMC); and repealing Section 22.900G.080 of the SMC.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 3.58.090 of the Seattle Municipal Code, last amended by Ordinance 125586, is amended as follows:

3.58.090 Fees and charges for Design Commission review

(( The Commission is authorized to charge fees pursuant to Section 22.900G.080. ))

The Commission will bill non-City applicants seeking long-term or permanent use of a right-of-way through a street, alley, or other public place vacation pursuant to Chapter 15.62, a skybridge term permit pursuant to Chapter 15.64, or a significant structure pursuant to Chapter 15.65 at the hourly rate of $120 an hour per Commissioner for subcommittee review, or $847 an hour for full Commission review. Billing will be sent to the Seattle Department of Transportation for inclusion in the plan review costs charged to the applicant or will be billed directly to the applicant by the Seattle Department of Transportation. For projects billed through the Seattle Department of Transportation, applicant payments made to the Seattle Department of Transportation will be transferred from the Transportation Fund to the Office of Planning and Community Development to support the Commission's work. Fees incurred by the Design Commission may be waived, in whole or in part, at the discretion of the Commission with the concurrence of the City Budget Director in the following circumstances:

A. When Commission fees, if charged, would be disproportionate to the sums available for the project and could cause abandonment of the project for the following types of projects: art-works, projects funded by grants and donations, neighborhood self-help projects undertaken by volunteers and nonprofit organizations, and small public agency capital improvements;

B. For low-income and special needs housing projects subject to Commission review.

Section 2. Section 15.04.074 of the Seattle Municipal Code, last amended by Ordinance 125492, is amended as follows:

15.04.074 Permit-Fees

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H. Fees for Design Commission reviews shall be collected pursuant to Section 3.58.090.

Section 3. Section 22.900B.010 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

22.900B.010 Base fee and hourly rate

A. The SDCI base fee shall be charged as specified in this Subtitle IX and shall be (( $222 )) $231 .

B. Any services provided by the Department for which an hourly charge is assessed shall be charged at a rate specified in this Subtitle IX.

The hourly rate for land use review is (( $386 )) $394 . The rate for all other hourly fees is (( $222 )) $231 an hour except where a different hourly rate is specified in this Subtitle IX. Where "SDCI hourly rate" is specified in this Subtitle IX, the rate is (( $222 )) $231 an hour.

C. If an hourly rate is specified, overtime shall be charged at that same rate. If no hourly rate is specified, overtime shall be charged at (( $222 )) $231 an hour. All overtime shall require approval by the Director. The minimum fee for each overtime request shall be one hour, with minimum increments of 1/4 hour, in addition to other permit fees established by this Subtitle IX.

Section 4. Section 22.900B.020 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

22.900B.020 Miscellaneous and special fees

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D. Address change. The fee to correct the address on an application or, if applicable, on an issued permit is (( $60.25 )) $62.75 . If an address change is requested that is unrelated to an application for a permit or for an issued permit, a fee of one multiplied by the base fee shall be assessed.

E. Copies of electronic and microfilm records. Charges for plans reproduced from electronic records or from the microfilm library are shown in Table B-1 for 22.900B.020.

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H. Floodplain review and approval where no SDCI permit or license is required. The fee for review of floodplain development on behalf of other agencies or departments shall be charged at the SDCI hourly rate. Floodplain review of documents and similar floodplain services where no development is proposed, including but not limited to Elevation Certificates, Letters of Map Change, and similar documents associated with the National Flood Insurance Program, shall be charged a minimum fee of one-half the base rate due at intake. The charge for review time in excess of the 1/2 hour of review time included in the minimum fee shall be at the SDCI hourly rate.

Section 5. Section 22.900C.010 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

22.900C.010 Land use fees

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Section 6. Section 22.900D.010 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

22.900D.010 Development permit fees

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F. Blanket permits

(( 1. The application fee for a blanket permit to cover initial nonstructural tenant alterations within the first three years of the first tenant alteration permit shall be charged at the rate of $6 per 100 square feet of space to be improved within the life of the permit. A deposit based on the estimated value of the work to be completed during the life of the permit shall be collected at the time of application. As individual tenant spaces are reviewed, the amount of the fee equivalent to the floor space examined shall be deducted from the deposit per Table D-2 for 22.900D.010. ))

(( 2. )) 1. The application fee for a blanket permit to cover nonstructural tenant alterations (( in previously-occupied space, or to cover initial nonstructural tenant alterations after three years of the first tenant alteration permit, )) is one times the base fee. A deposit based on the estimated value of the proposed work within 18 months shall be collected at the time of application. As individual tenant spaces are reviewed, the fee for the work to be done shall be calculated according to Table D-2 for 22.900D.010 and deducted from the deposit.

(( 3. )) 2. If the estimated blanket fee deposit is used up in less time than the life of the permit and work remains to be done, an additional deposit shall be paid based on the estimated floor area remaining to be improved during the remaining life of the permit. If a portion of the deposit is unused at the end of the life of the permit and work remains to be done, credit for the balance of the deposit may be transferred from the expiring permit to a new blanket permit. To minimize additional accounting costs associated with blanket permits, if more than two deposits are made during the life of the blanket permit, the minimum amount of each subsequent deposit shall be $2,000.

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H. Certificate of Occupancy. The issuance of a Certificate of Occupancy for existing buildings, either if no Certificate of Occupancy has previously been issued or if a change of occupancy is requested, requires a building permit. If there is no construction valuation (there is no work (( which )) that would require a building permit), the minimum building permit fee shall be assessed. In addition to the minimum building permit fee, if records research, plan examination , or inspection is required, charges shall be assessed at the SDCI hourly rate. If work is being done as authorized by a permit, the permanent Certificate of Occupancy fee is not assessed in addition to the building permit fee. The fee for a temporary Certificate of Occupancy shall be charged at the rate of 1/2 the base fee. The fee for the duplication of a Certificate of Occupancy is (( $37.20 )) $38.65 unless records research, plan examination , or inspection is required, in which case charges shall be assessed at the SDCI hourly rate.

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Section 7. Section 22.900D.070 of the Seattle Municipal Code, last amended by Ordinance 124047, is amended as follows:

22.900D.070 Floodplain development approval or license fee(( . ))

The fee for (( processing and review of applications for )) floodplain (( development approvals )) review shall be charged at the SDCI hourly rate (( of 1.5 times the base fee, except that the fee for processing and review of applications for a floodplain development license shall be charged at the rate of one (1) times the base fee )). The fee for floodplain review and processing where no SDCI permit or license is required, including review of a FEMA Elevation Certificate and similar documents, shall be charged pursuant to subsection 22.900B.020.H.

Section 8. Section 22.900D.090 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

22.900D.090 Permit fees for mechanical equipment and systems, other than boilers and pressure vessels and refrigeration systems

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C. The fee to renew or reestablish a furnace permit is 1/2 the base fee.

D. A change fee of 1/4 of the base fee will be charged if work is added to an issued permit or if other information is changed.

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Section 9. Section 22.900D.100 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

22.900D.100 Refrigeration equipment and systems

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C. The fee to renew or reestablish a refrigeration permit is 1/2 the base fee.

D. A change fee of 1/4 of the base fee will be charged if work is added to an issued permit or if other information is changed.

Section 10. Section 22.900D.110 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

22.900D.110 New installations and alterations of boilers and pressure vessels

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B. The fee to renew or reestablish a boiler permit is 1/2 the base fee.

C. A change fee of 1/4 of the base fee will be charged if work is added to an issued permit or if other information is changed.

Section 11. Section 22.900D.140 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:

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Section 12. Section 22.900D.145 of the Seattle Municipal Code, last amended by Ordinance 125451, is amended as follows:

22.900D.145 Site and geotechnical review fee

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Section 13. Section 22.900D.150 of the Seattle Municipal Code, last amended by Ordinance 125451, is amended as follows:

22.900D.150 Electrical permit fees

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^{Section 14. Section 22.900D.160 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:}

^{22.900D.160 Sign, awning, and canopy permit fees}

^{A. Permanent signs. For permanent signs, a permit fee of (( $147.10 )) $153 shall be charged for the first 32 square feet or less of the total display area of the sign plus an additional charge for each 10 square feet or fraction thereof of total display area in excess of 32 square feet as shown in Table D-16 for 22.900D.160. (( Adding any on-premises business sign with over 5 square feet of area to an existing structure requires a permit. )) A permit is required for all electric signs, and all signs exceeding 5 square feet in area that fall outside the allowances in Section 23.55.012.}

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^{D. Wall Signs. The maximum fee for signs painted on or otherwise applied directly to the building wall without a frame or mechanical fasteners is (( $673.10 )) $700.05 .}

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^{Section 15. Section 22.900E.020 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:}

^{22.900E.020 Boiler and pressure vessel certificates of operation}

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^{Section 16. Section 22.900E.030 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:}

^{22.900E.030 Fees for elevator certificates of inspection}

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^{Section 17. Section 22.900E.040 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:}

^{22.900E.040 Refrigeration systems annual operating permit fee}

^{(( The annual operating permit fee for any refrigeration system is calculated according to Table E-3 for 22.900E.040. The fee for multiple systems on a single premises is based upon the total tonnage at the premises. )) The annual operating permit fee for any refrigeration system is charged at a fee of $101 per piece of equipment to be inspected.}

^{Section 18. Section 22.900E.050 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:}

^{22.900E.050 Boiler, refrigeration, and gas piping licenses and examinations}

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^{Section 19. Section 22.900E.060 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:}

^{22.900E.060 Registration of special inspectors}

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^{C. The fee for renewal of a special inspector certificate of registration covering one or more types of inspection for which the registrant has been qualified is (( $58.20 )) $60.50 .}

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^{Section 20. Section 22.900F.010 of the Seattle Municipal Code, last amended by Ordinance 125811, is amended as follows:}

^{22.900F.010 Monitoring vacant buildings}

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^{Section 21. Section 22.900G.015 of the Seattle Municipal Code, last amended by Ordinance 125704, is amended as follows:}

^{22.900G.015 Fees for review by the Office of Housing}

^{(( A. )) An applicant for a (( land use permit who seeks to obtain extra floor area through a developer contribution for affordable housing or who proposes development subject to the mandatory housing affordability requirements (pursuant to Chapters 23.58B and 23.58C) )) Master Use Permit, or for the first building permit that includes the structural frame for the structure if no Master Use Permit is required, where the application includes a proposal to provide or make a financial contribution for affordable housing or low-income housing through the transfer of development rights or transfer of development potential, or as a condition of incentives, or to mitigate housing impacts according to Section 23.34.004, Section 23.49.012, Section 23.49.014, Section 23.49.015, Section 23.49.181, Section 23.54.015, Chapter 23.58A, Chapter 23.58B, Chapter 23.58C, or Section 23.75.085 shall pay a fee with application for the permit in the amount of $550 to the Office of Housing for review of the application.}

^{(( B. This subsection 22.900G.015.B applies to low-income housing units that are subject to an agreement pursuant to Sections 23.48.021, 23.49.012, 23.49.014, 23.49.015, 23.50.053, 23.58A.014 or 23.58A.024.}

^{1. An owner of such housing shall pay an annual monitoring fee of $65 per unit of low-income rental housing to the Office of Housing to determine compliance with bonus and/or TDR requirements. The fee is not required in any year when, in consideration of The City of Seattle's agreement to make a loan for the purpose of providing long-term affordable housing for low-income households, a regulatory agreement that grants the City of Seattle covenants, restrictions, charges and easements is recorded against the property on which the low-income rental housing is located and is in effect.}

^{2. An owner of an owner-occupied low-income housing unit shall, prior to closing any sale or other transfer of the unit after the initial sale or transfer, pay a fee in the amount of $300 to the Office of Housing to determine compliance with bonus and/or TDR requirements.}

^{C. Fees in the MPC-YT zone}

^{1. A land use permit applicant who seeks to provide 80 percent of area median income housing to meet an affordable housing production condition in Section 23.75.085 shall pay a fee in the amount of $550 to the Seattle Department of Construction and Inspections for transfer to the Office of Housing for review of the application.}

^{2. This subsection 22.900G.015.C.2 applies to 80 percent of area median income housing that is provided to meet an affordable housing production condition in Section 23.75.085:}

^{a. An owner of such housing shall pay an annual monitoring fee of $65 per rental unit of 80 percent of area median income rental housing to the Office of Housing to determine compliance with Section 23.75.085.}

^{b. An owner of an owner-occupied unit of 80 percent of area median income housing shall, prior to closing any sale or other transfer of the unit after the initial sale or transfer, pay a fee in the amount of $300 to the Office of Housing to determine compliance with Section 23.75.085. ))}

^{Section 22. Section 22.900G.080 of the Seattle Municipal Code, last amended by Ordinance 125586, is repealed:}

^{(( 22.900G.080 Design Commission fees}

^{The Commission will bill non-City applicants seeking long-term or permanent use of a right of way through a street, alley, or other public place vacation pursuant to Chapter 15.62, a skybridge term permit pursuant to Chapter 15.64 or a significant structure pursuant to Chapter 15.65 at the hourly rate of $112 an hour per Commissioner for subcommittee review, or $791 an hour for full Commission review. Billing will be sent to the Seattle Department of Transportation for inclusion in the plan review costs charged to the applicant or will be billed directly to the applicant by the Seattle Department of Transportation. For projects billed through the Seattle Department of Transportation, applicant payments made to the Seattle Department of Transportation will be transferred from the Transportation Fund to the Office of Planning and Community Development to support the Commission's work. Fees may be waived, in whole or in part, at the discretion of the Commission with the concurrence of the City Budget Director in the following circumstances:}

^{1. When Commission fees, if charged, would be disproportionate to the sums available for the project and could cause abandonment of the project for the following types of projects: art-works, projects funded by grants and donations, neighborhood self-help projects undertaken by volunteers and nonprofit organizations, and small public agency capital improvements;}

^{2. For low-income and special needs housing projects subject to Commission review. ))}

^{Section 23. Sections 1 through 22 of this ordinance shall take effect on January 1, 2020.}

^{Section 24. 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 _________________________, 2019, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2019.}

^{____________________________________}

^{President ____________ of the City Council}

^{Approved by me this ________ day of _________________________, 2019.}

^{____________________________________}

^{Jenny A. Durkan, Mayor}

^{Filed by me this ________ day of _________________________, 2019.}

^{____________________________________}

^{Monica Martinez Simmons, City Clerk}

^(Seal)