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Record No: CB 118963    Version: 1 Council Bill No: CB 118963
Type: Ordinance (Ord) Status: Passed
Current Controlling Legislative Body City Clerk
Final Action: 6/1/2017
Ordinance No: Ord 125319
Title: AN ORDINANCE relating to land use and zoning; amending Section 23.76.006 of the Seattle Municipal Code to clarify that a land use decision to waive or modify structure width or setbacks for a youth service center, and integrated SEPA decisions, are Type II decisions that may be appealed to the City Hearing Examiner.
Sponsors: Mike O'Brien
Supporting documents: 1. Proposed Amendment (added; 5/30/17), 2. Summary and Fiscal Note, 3. Central Staff Memo, 4. Notice for Public Hearing, 5. Signed Ord_125319
CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to land use and zoning; amending Section 23.76.006 of the Seattle Municipal Code to clarify that a land use decision to waive or modify structure width or setbacks for a youth service center, and integrated SEPA decisions, are Type II decisions that may be appealed to the City Hearing Examiner.

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WHEREAS, in 2014, the Seattle City Council adopted Ordinance 124610, adding subsection 23.51A.004.B.6 to the Seattle Municipal Code and permitting youth service centers under certain circumstances. That regulation identifies a decision to waive or modify structure width or setbacks for a youth service center ("youth service center decision") as a Type II land use decision; and
WHEREAS, as part of Ordinance 124610, the Council intended that any youth service center decision be subject to an open record administrative appeal to the Hearing Examiner; and
WHEREAS, the fiscal note and supporting letter to Ordinance 124610 suggested that youth service center decisions would be subject to an administrative appeal to the Hearing Examiner; and
WHEREAS, in Seattle Hearing Examiner Cause No. MUP-17-001, the Hearing Examiner found that she lacked jurisdiction to hear an administrative appeal of a youth service center decision because SMC 23.76.006.C.2 does not identify youth service center decisions as a Type II land use decision; and
WHEREAS, to clarify the Council's intent and to correct the oversight when the Council mistakenly failed to make a conforming amendment to SMC 23.76.006.C.2, the Council wants to explicitly add youth service center decisions to the list of Type II decisions so they are clearly appealable to the Hearing Examiner; and
WHEREAS, there is a current controversy whether the Hearing Examiner has jurisdiction over an appeal of a youth service center decision; and
WHEREAS, this ordinance is necessary to ensure that courts and other decision-makers unde...

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