SEATTLE CITY COUNCIL - Record No: CB 118538

• Record No: CB 118538
• Version: 1
• Council Bill No: CB 118538
• Type: Ordinance (Ord)
• Status: Passed
• Current Controlling Legislative Body: City Clerk
• On agenda: 11/23/2015
• Ordinance No: Ord 124918
• Title: AN ORDINANCE related to fees and charges for permits and activities of the Department of Planning and Development; amending Seattle Municipal Code Sections 22.900B.010 and 22.900C.010.
• Sponsors: Nick Licata
• Supporting documents: 1. Summary and Fiscal Note, 2. Signed Ord 124918

Date	Ver.	Action By	Action	Result
12/1/2015	1	City Clerk	attested by City Clerk
12/1/2015	1	Mayor	returned
12/1/2015	1	Mayor	Signed
11/30/2015	1	City Clerk	submitted for Mayor's signature
11/23/2015	1	City Council	passed	Pass
11/16/2015	1	Select Budget Committee	pass	Pass
10/26/2015	1	City Council	referred
10/20/2015	1	City Clerk	sent for review
9/28/2015	1	Mayor	Mayor's leg transmitted to Council

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE related to fees and charges for permits and activities of the Department of Planning and Development; amending Seattle Municipal Code Sections 22.900B.010 and 22.900C.010.

body

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1.  Subsection 22.900B.010 of the Seattle Municipal Code, which section was last amended by Ordinance 124636, is amended as follows:

22.900B.010 Base fee and hourly rate

A.                     The DPD base fee shall be charged as specified in this ((subtitle)) Subtitle IX and shall be $190.

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

The hourly rate for land use review is (($250)) $280.  The rate for all other hourly fees is $190 an hour except where a different hourly rate is specified in this ((subtitle)) Subtitle IX.  Where "DPD hourly rate" is specified in this ((subtitle)) Subtitle IX, the rate is $190 an hour.

C.                     Where an hourly rate is specified, overtime shall be charged at that same rate.  Where no hourly rate is specified, overtime shall be charged at $190 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.

Section 2.  Section 22.900C.010 of the Seattle Municipal Code, last amended by Ordinance 124636, is amended as follows:

22.900C.010 Land Use Fees

A.                     Land Use Review Fees.  The land use review fee for Master Use Permits, Council and Hearing Examiner approvals, environmentally critical area reviews and other miscellaneous reviews, research and services shall be charged according to Table C-1 for 22.900C.010 unless otherwise specified.  For any review, research or service that is not listed in Table C-1 for 22.900C.010, the minimum fees will be determined by the Director based on the estimated complexity of work, but in no case shall be less than 0.5 hours times the current Land Use hourly rate and in no case more than 10 hours times the current Land Use hourly rate.  Additional hours worked that exceed the number covered by the minimum fee shall be charged at the current Land Use hourly rate and are required to be paid at the time of invoicing and/or prior to approval of permits.  Land use review that is subject to the Land Use hourly rate may include, but is not limited to: review time for more than one technical reviewer, pre-application services, project review, permit issuance, and continued review during the building permit and construction approval phases of the project.  Land Use hourly rate also includes time spent preparing for and defending a Director’s decision or recommendation if appealed to the Hearing Examiner.

B.                     Fee Components of Land Use Review Fees.  Land use review fees include a minimum land use review fee and may include an hourly fee as specified in Table C-1 for 22.900C.010.  The minimum land use review fee covers the number of review hours specified in Table C-1 for 22.900C.010.  Only one minimum review fee shall be charged, except an additional minimum review fee shall be charged at the time of MUP applications for projects that have completed the early design process.  Additional hours shall be charged at the rate specified in the table.

* * *

Table C-1 for 22.900C.010-LAND USE FEES
A. MASTER USE PERMIT, ENVIRONMENTAL CRITICAL AREAS, CITY COUNCIL and HEARING EXAMINER APPROVALS
Hours worked beyond those covered by minimum will be charged the Land Use hourly rate, unless otherwise noted, and are payable at time of invoice.
Type of Land Use Review	Minimum Fee
General-first 10 hours of review	Land use Hourly × 10
Low-Income Housing-first 24 hours of review1	Land use Hourly × 10
1. Administrative conditional uses (ACUs) ACUs for community centers, child care centers, adult care centers, private schools, religious facilities and public and private libraries in single family and multi-family zones shall be charged a minimum fee of $1,620 for the first 20 hours. Additional hours shall be charged at the rate of (($250)) $280 an hour. This exception applies if the application is for an ACU only, or an ACU combined with a variance application.
2. Design Review The minimum fee for Administrative Design Review, Master Planned Community Design Review and Streamlined Design Review is (($2,500)) $2,800. The minimum fee for full Design Review is (($5,000)) $5,600, which covers the first 20 hours of review. Refer to Table C-1 #15 for 22.900C.010 for fees related to Design Review for Tree Protection.
3. Environmental reviews (SEPA), including projects with more than one addressed site.
4. Environmentally critical areas (ECA)
a. Environmentally Critical Areas variance2
b. ECA Exception
c. Environmentally Critical Areas Administrative Conditional Use
5. Shoreline permits
a. Substantial development permits
b. Variances 2 and conditional uses
6. Short subdivisions3; refer to Table D-2 #10 for 22.900D.010 for additional fees that may apply to this permit type
7. Special exceptions
8. Variances2  Variances for community centers, child care centers, adult care centers, private schools, religious facilities and public and private libraries in single family and multi-family zones shall be charged a minimum fee of $1,620 for the first 20 hours. Additional hours shall be charged at the rate of (($250)) $280 an hour. This exception applies if the application is for a variance only, or a variance combined only with an ACU application.
9. Type II land use approvals such as, but not limited to, planned community/ residential development, major phased developments and other Type II approvals that are not categorized otherwise in Table C-1 for 22.900C.010.
10. The minimum fee for Council conditional uses, Rezones, Public Projects and all other Type IV and Type V land use approvals shall be (($5,000)) $5,600, which covers the first 20 hours of review.
11. Full subdivisions4; refer to Table D-2 #10 for 22.900D.010 for additional fees that may apply to this permit type
12. Reserved
13. Reserved
B. MISCELLANEOUS HOURLY LAND USE REVIEWS, RESEARCH, AND OTHER SERVICES
Hours worked beyond those covered by minimum will be charged the Land Use hourly rate, unless otherwise noted, and payable at time of invoice.
Type of Land Use Review	Minimum Land Use Review Fee
14. Concurrency	Reserved
15. Design Review for Tree Protection5
a. Design review required by Section 25.11.070 or Section 25.11.080 to protect exceptional tree if no other land use reviews are required	Land Use Hourly × 10
b. Design review elected by applicant for tree protection	Land Use Hourly × 10
16. Other Environmentally Critical Area (ECA) Review under ((SMC)) Chapter 25.09 or Chapter 23.60A	Land Use Hourly × 1
a. ECA review for Wetlands, Fish & Wildlife Habitat Conservation Areas on land use or construction permits shall be charged on an hourly basis
b. Review to determine Environmentally Critical Area exemption for Wetlands and Riparian Corridor and Shoreline ECAs shall be charged on an hourly basis
17. Early design guidance	Land Use Hourly × 10
18. Establishing use for the record: Refer to Table D-2 #9 for 22.900D.010 for additional fees that may apply to this permit type	Land Use Hourly × 2
19. Extensions of Type IV Council Land Use Decisions	Land Use Hourly × 2
20. Land Use Code Interpretations6	Land Use Hourly × 10
21. Letters for detailed zoning analysis or permit research	Land Use Hourly × 4
22. Lot Boundary Adjustment, Temporary Use > 4 weeks; refer to Table D-2 #10 for 22.900D.010 for additional fees that may apply to this permit type	Land Use Hourly × 5
23. Major Institution - review of annual plan	Land Use Hourly × 6
24. Major phased development permit - minor amendment	Land Use Hourly × 2
25. Neighborhood planning	Reserved
26. Noise survey review and variance	See Table D-2 for 22.900D.010 and Section 22.900F.020
27. Open space remainder lots and surplus state property	Land Use Hourly × 4
28. Pre-application conference7	Land Use Hourly × 2
29. Property Use and Development Agreement (PUDA) - minor amendment	Land Use Hourly × 2
30. Public benefit feature review	Land Use Hourly × 2
31. Renewals	Land Use Hourly × 2
32. Revisions other than shoreline revisions	Land Use Hourly × 1
33. School use and school development advisory committee reviews	Land Use Hourly × 10
34. Shoreline exemptions	Land Use Hourly × 1
35. Shoreline permit revisions not due to required conditions	Land Use Hourly × 2
36. Special accommodation	Land Use Hourly × 2
37. Structural building overhangs and areaways as a separate component	Land Use Hourly × 2
38. Tree and Vegetation Restoration Review in ECA above minimum threshold where SEPA is not required other than for the restoration (25.09.320.A.3.c(2)(b))	Land Use Hourly × 2
39. Street Improvement Exceptions on a Land Use permit	Land Use Hourly × 2
C. NON-HOURLY LAND USE FEES
Type of Land Use Review	Fee
40. Curb cuts as a separate component
a. Single-family residential	$78 each
b. Other than single-family residential	$154 each
41. File Management	DPD Base Fee × 1
a. Placing projects on hold at applicant request
b. Splitting or combining projects
42. Intake appointments for land use reviews; fee is charged for each occurrence	DPD Base Fee × 1
43. Notice. All notice is charged based upon type for each occurrence.8
a. Land use information bulletin (GMR notice)	DPD Base Fee × 1
b. Posting large sign or placards	$118
c. Mailed notice	DPD Base Fee per 500 pieces of mail or portions thereof
d. DJC decision publication	$184
e. Neighborhood newspaper publication	Rate charged by newspaper
f. Public meeting room rental	$119
44. Rebuild Letters
a. With Research	DPD Base Fee × 1
b. Without Research	$40
45. Records research by the Public Resource Center	DPD Base Fee × 1
46. Recording Fees, for LBA, Short Subdivision	Rate charged by King County9
47. Shoreline Extensions	DPD Base Fee × 1
Footnotes to Table C-1 for 22.900C.010: 1For purposes of these land use fees, low-income housing is housing that both (1) satisfies the definition of "housing, low income" in Section 23.84A.016; and (2) where at least 50 percent of the total gross floor area of each structure on the site is committed to low-income housing use for at least 20 years. 2The single variance fee shall be applicable whether the project requires one or multiple variances. 3Includes short subdivisions in environmentally critical areas. 4Includes unit-lot subdivisions and full subdivisions in environmentally critical areas. 5This fee applies if design review is initiated only for tree protection and the application has no other review under Items 1-14. 6The fees for interpretations of ((SMC)) Chapters 25.12, 25.20, 25.22, and 25.24 shall be collected by the Director of the Department of Neighborhoods. 7The pre-application conference fee covers a one hour conference and one hour of research and/or follow-up review time that normally occurs, for a total of two hours. Additional pre-application review time will be charged at the Land Use hourly rate. See also Section 22.900C.010.E. 8Additional notice may be given in circumstances including but not limited to the following: reinstallation of environmental review signs, reposting of the land use review or environmental signs, new component reviews added subsequent to the original notice, revised decisions, and changes to the scope of the project. 9Recording fees will be charged the current rate as established and charged by King County at the time of document recording.

Section 3. If any section or subsection of the Seattle Municipal Code affected by this ordinance is amended by another ordinance without reference to amendments made by this ordinance, each ordinance shall be given effect to the extent that the amendments do not conflict in purpose, and the code reviser may publish the section or subsection in the official code with all amendments incorporated therein.

Section 4.  This ordinance shall take effect on January 1, 2016.

                     Passed by the City Council the ____ day of ________________________, 2015, and signed by me in open session in authentication of its passage this

 _____ day of ___________________, 2015.

                                                                                                                              _________________________________

                                                                                                                              President __________of the City Council

                     Approved by me this ____ day of _____________________, 2015.

                                                                                                                              _________________________________

                                                                                                                              Edward B. Murray, Mayor

                     Filed by me this ____ day of __________________________, 2015.

                                                                                                                              ____________________________________

                                                               Monica Martinez Simmons, City Clerk

(Seal)