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Record No: CB 118985    Version: 1 Council Bill No: CB 118985
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
On agenda: 8/7/2017
Ordinance No: Ord 125387
Title: AN ORDINANCE relating to land use and zoning; amending Sections 23.76.004, 23.76.022, and 23.88.020 of the Seattle Municipal Code to provide that interpretations by the Director of the Seattle Department of Construction and Inspections are not administrative remedies that must be exhausted prior to seeking judicial review.
Sponsors: Lisa Herbold, Rob Johnson
Supporting documents: 1. Summary and Fiscal Note, 2. Central Staff Memo (06/20/17), 3. Signed Ordinance 125387, 4. Affidavit of Publication

CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

title

AN ORDINANCE relating to land use and zoning; amending Sections 23.76.004, 23.76.022, and 23.88.020 of the Seattle Municipal Code to provide that interpretations by the Director of the Seattle Department of Construction and Inspections are not administrative remedies that must be exhausted prior to seeking judicial review.

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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Table A for Section 23.76.004 of the Seattle Municipal Code, last amended by Ordinance 125291, is amended as follows:

23.76.004 Land use decision framework

* * *

Table A for 23.76.004 LAND USE DECISION FRAMEWORK1

Director’s and Hearing Examiner’s Decisions Requiring Master Use Permits TYPE I Director’s Decision (Administrative review through land use interpretation as allowed by Section 23.88.0202)

*

Application of development standards for decisions not otherwise designated Type II, III, IV, or V

*

Uses permitted outright

*

Temporary uses, four weeks or less

*

Renewals of temporary uses, except for temporary uses and facilities for light rail transit facility construction and transitional encampments

*

Intermittent uses

*

Interim use parking authorized under subsection 23.42.040.G

*

Uses on vacant or underused lots pursuant to Section 23.42.038

*

Transitional encampment interim use

*

Certain street uses

*

Lot boundary adjustments

*

Modifications of features bonused under Title 24

*

Determinations of significance (EIS required) except for determinations of significance based solely on historic and cultural preservation

*

Temporary uses for relocation of police and fire stations

*

Exemptions from right-of-way improvement requirements

*

Special accommodation

*

Reasonable accommodation

*

Minor amendment to a Major Phased Development permit

*

Determination of whether an amendment to a property use and development agreement is major or minor

*

Streamlined design review decisions pursuant to Section 23.41.018; if no development standard departures are requested, and design review decisions in an MPC zone pursuant to Section 23.41.020 if no development standard departures are requested

*

Shoreline special use approvals that are not part of a shoreline substantial development permit

*

Adjustments to major institution boundaries pursuant to subsection 23.69.023.B

*

Determination that a project is consistent with a planned action ordinance

*

Decision to approve, condition, or deny, based on SEPA policies, a permit for a project determined to be consistent with a planned action ordinance

*

Other Type I decisions that are identified as such in the Land Use Code

TYPE II  Director’s Decision (Appealable to Hearing Examiner or Shorelines Hearing Board3)

*

Temporary uses, more than four weeks, except for temporary relocation of police and fire stations

*

Variances

*

Administrative conditional uses

*

Shoreline decisions, except shoreline special use approvals that are not part of a shoreline substantial development permit3

*

Short subdivisions

*

Special exceptions

*

Design review decisions, except for streamlined design review pursuant to Section 23.41.018 if no development standard departures are requested, and except for design review decisions in an MPC zone pursuant to Section 23.41.020 if no development standard departures are requested

*

Light rail transit facilities

*

The following environmental determinations: 1. Determination of non-significance (EIS not required) 2. Determination of final EIS adequacy 3. Determinations of significance based solely on historic and cultural preservation 4. A decision to condition or deny a permit for a project based on SEPA policies, except for a project determined to be consistent with a planned action ordinance

*

Major Phased Developments

*

Downtown Planned Community Developments

*

Determination of public benefit for combined lot development

*

Other Type II decisions that are identified as such in the Land Use Code

TYPE III  Hearing Examiner’s Decision (No Administrative Appeal)

*

Subdivisions (preliminary plats)

COUNCIL LAND USE DECISIONS TYPE IV (Quasi-Judicial)

*

Amendments to the Official Land Use Map (rezones), except area-wide amendments and correction of errors

*

Public projects that require Council approval

*

Major Institution master plans, including major amendments, renewal of a master plan’s development plan component, and master plans prepared pursuant to subsection 23.69.023.C after an acquisition, merger, or consolidation of major institutions

*

Major amendments to property use and development agreements

*

Council conditional uses

*

Other decisions listed in subsection 23.76.036.A

TYPE V (Legislative)

*

Land Use Code text amendments

*

Area-wide amendments to the Official Land Use Map

*

Corrections of errors on the Official Land Use Map due to cartographic and clerical mistakes

*

Concept approvals for the location or expansion of City facilities requiring Council land use approval

*

Major Institution designations and revocations of Major Institution designations

*

Waivers or modifications of development standards for City facilities

*

Adoption of or amendments to Planned Action Ordinances

*

Other decisions listed in subsection 23.76.036.C

Footnotes for Table A for 23.76.004:  1 Sections 23.76.006 and 23.76.036 establish the types of land use decisions in each category. This Table A for 23.76.004 is intended to provide only a general description of land use decision types.  2 Type I decisions ((are)) may be subject to administrative review through a land use interpretation pursuant to Section 23.88.020. ((if the decision is one that is subject to interpretation.))  3 Shoreline decisions, except shoreline special use approvals that are not part of a shoreline substantial development permit, are appealable to the Shorelines Hearings Board along with all related environmental appeals.

* * *

Section 2. Subsection 23.76.020.A of the Seattle Municipal Code, which section was last amended by Ordinance 124378, is amended as follows:

23.76.022 Administrative reviews and appeals for Type I and Type II Master Use Permits

A.                     Appealable decisions

1.                     Type I decisions ((listed in subsection 23.76.006.B are)) may be subject to administrative review through a land use interpretation pursuant to Section 23.88.020. ((if the decision is one that is subject to interpretation.))

2.                     All Type II decisions listed in subsection 23.76.006.C are subject to an administrative open record appeal as described in this Section 23.76.022.

* * *

Section 3. Subsection 23.88.020.A of the Seattle Municipal Code, which section was last amended by Ordinance 124843, is amended as follows:

23.88.020 Land use interpretations

A.                     Interpretations generally. A decision by the Director as to the meaning, application, or intent of any development regulation in this Title 23 or in Chapter 25.09, Regulations for Environmentally Critical Areas, as it relates to a specific property, or a decision by the Director upon review of a determination of consistency of a proposed project with a planned action ordinance, is known as an “interpretation.” An interpretation may be requested in writing by any person or may be initiated by the Director. Procedural provisions and statements of policy are not subject to the interpretation process. A decision by the Director that an issue is not subject to an interpretation request is final and not subject to administrative appeal. A request for an interpretation ((,)) and a subsequent appeal to the Hearing Examiner, if available, are not administrative remedies that must be exhausted before judicial review of a decision subject to interpretation may be sought. An interpretation decision by the Director may affirm, reverse, or modify all or any portion of a Type I or Type II land use decision.

* * *

Section 4. Applicability. This ordinance applies to every request for interpretation received by the Department: (1) before the effective date of this ordinance, if the Department has not provided notice of the interpretation to the person requesting it on or before the effective date of this ordinance; or (2) on or after the effective date of this ordinance.

Section 5. 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 _________________________, 2017, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2017.

____________________________________

President ____________ of the City Council

Approved by me this ________ day of _________________________, 2017.

____________________________________

Edward B. Murray, Mayor

Filed by me this ________ day of _________________________, 2017.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)