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25.05 of the Seattle Municipal

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25.05 of the Seattle Municipal ORDINANCE /-& 25.05 of the Seattle Municipal 1AN ORDIVANCE amending Chapter 4- +- 4 4- 4- 'n 1 = "+- e-% ez Code governing environmenta Vzo ec c," v State Environmental Policy Act (SEPA), to add the International District Community Garden to the Public View Protection Policy, and to add Kobe Terrace Park and the adjoining International District Community Garden to the list of protected open spaces under the shadows on Open Spaces Policy. WHEREAS, Chapter 25.05 of the Seattle Municipal Code was adopted in 1984 as required by the Washington Administrative Code (WAC) 197-11 to implement the State Environmental Policy Act, and amended in 1988; and which 9 11WHEREAS, public open space is an environmental resource City policy has established as a priority for preservation in the "Land Use and Transportation Plan for Downtown Seattle," and in the International District Residential Zone and objectives; and 11 il goals Kobe Terrace Park and the International District WHEREAS 1 1 12 1 A 4 =a community %aarden at e r e- %_ w g " 4, e I significant open spaces in downtown Seattle, are used by residents from all areas of Seattle, and are a focal point for the International Special Review District; and 14 I is an 11WHEREAS, the International District Community Garden active recreational garden dependent on sunlight year round for growing crops by low-income residents of the District: and go a WHEREAS, views from Kobe Terrace Park and the International District Community Garden include significant features such as the Olympic Mountains, Puget Sound and the 18 downtown skyline; and 1WHEREAS, recent development adjacent to Kobe Terrace Park and 19 the International District Community Garden has affected the success and usefulness of the park and gardens by casting shadows and decreasing available sunlight; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. Section 25.05.675 of the Seattle Municipal Code, as last amended by Ordinance 114057, is hereby further amended as follows: 25.05.675 Specific environmental policies. 25 26 Public View Protection. 27 1. Policy Background. 28 CS 29.2 1 a. Seattle has a magnificent natural setting of and visual amenities and 2 Oreenery, mountains, water; of the City's environmental 3 lopportunities are an integral part uality. 4 b. The City has developed particular sites for the 5 ubl cls enjoyment of views of mountains, water and skyline 6 where such and has many scenic routes and other public places 7 views enhance one's experience. i 8 C. Obstruction of public views may occur when a to the street 9 proposed structure is located in close proximity lots situated at the 10 property line, when development occurs on because foot of a street that terminates or changes direction I I of a shift in the street grid pattern, or when development 12 wall the street along a street creates a continuous separating 13 from the view. 14 d. Authority provided through the Landmarks 15 Preservation Ordinance is'intended to preserve sites and 16 structures which reflect significant elements of the City's and 17 historic heritage and to designate and regulate such sites 18 structures as historic landmarks. e. The adopted Downtown Land Use Policies and Code 19 view corridors provide for the preservation of specified 20 of through setback requirements and policies for the use 21 street space. 22 f. Adopted Land Use Codes attempt to protect 23 private views through height and bulk controls and other 24 it is to Izoning regulations but impractical protect private 25 Iviews through project-specific review. 26 2. Policies. a. i. It is the City's policy to protect public 27 views of significant natural and human-made features: Mount 28 Rainier, the Olympic and Cascade Mountains, the downtown CS 19.2 2 . I Lake skyline, and major bodies of water including Puget Sound, 2 Washington, Lake Union and the Ship Canal, from public places of the viewpoints, parks, scenic routes, 3 onsisting specified and view corridors, identified in Attachment 1. (Attachment 1 4 is located at the end of this Section 25.05.675.) 5 ii. The decisionmaker may condition or deny a 6 proposal to eliminate or reduce its adverse impacts on 7 meets the designated public views, whether or not the project criteria of the Overview Policy set forth in SMC 25.05.665; conditioned or denied 9 provided that downtown projects may be would be 10 only when public views from outside of downtown blocked as a result of a change in the street grid pattern. 1 1 b. i. It is the City's policy to protect public 12 views of historic landmarks designated by the Landmarks 13 Preservation Board which, because of their prominence of 14 location or contrasts of siting, age, or scale, are easily 15 identifiable visual features of their neighborhood or the City 16 and contribute to the distinctive quality or identity of their 17 neighborhood or the City. be conditioned or 18 ii. A proposed project may whether denied to mitigate view impacts on historic landmarks, 19 or not the project meets the criteria of the Overview Policy 20 set forth in SMC 25.05.665. 21 C. Mitigating measures may include but are not 22 Limited to: 23 i. Requiring a change in the height of the 24 development; ii. a in the bulk of the 25 11 Requiring change 26 development; iii. Requiring a redesign of the profile of the 27 development; 28 CS 19.2 3 I iv. Requiring on-site view corridors or 2 1~equiring enhancements to off-site view corridors; I Relocating the project on the site; 3 V. of vi. Requiring a reduction or rearrangement alls, fences or plant material; and 5 vii. Requiring a reduction or rearrangement of 6 limited to towers, accessory structures including, but not 7 railings and antennae. Q. Shadows on Open Spaces. 9 1. Policy Background. 10 in a. Access to sunlight, especially Seattle's II climate, is an amenity of public open spaces. 12 b. It is possible to design and locate structures 13 to minimize the extent to which they block light from public 14 open spaces. The Downtown Land Use Code provides some 15 c. in protections against shadow impacts created by development 16 downtown. However, due to the scale of development permitted 17 at in downtown, it is not practical to prevent such blockage 18 all public open spaces downtown. 19 to d. The City's Land Use Code (Title 23) attempts 20 shadow through protect private property from undue impacts it is to 21 height, bulk and setback controls, but impractical properties from shadows through project- 22 protect private t specific review. 23 2. Policies. It is the City's policy to minimize or 24 shadows on prevent light blockage and the creation of open 25 spaces most used by the public. 26 are a. Areas outside of downtown to be protected 27 as follows: 28 11 i. Publicly owned parks; CS 19.2 4 I ii. Public schoolyards; of 2 iii. Private schools which allow public use non-school hours; and 3 schoolyards during iv. Publicly-owned street ends in shoreline 4 areas. be b. Areas in downtown where shadow impacts may [,,mitigated are, 7 i. Freeway Park; 8 ii. Westlake Park and Plaza; iii. Market (Steinbrueck) Park; ((and)) Convention Center Park((7)); and 10 iv. v. Kobe Terrace Park and the publicly-owned II Dortions o en. 12 of C. The decisionmaker shall assess the extent 13 adverse impacts and the need for mitigation. The analysis of 14 sunlight blockage and shadow impacts shall include an 15 assessment of the extent of shadows, including times of the 16 seasonal use of year, hours of the day, anticipated open in the and the 17 spaces, availability of other open spaces area, affected. 18 number of people d. When the decisionmaker finds that a proposed 19 project would substantially block sunlight from open spaces 20 listed in subsections Q2a and Q2b above at a time when the 21 public most frequently uses that space, the decisionmaker may 22 condition or deny the project to mitigate the adverse impacts 23 the of sunlight blockage, whether or not the project meets 24 criteria of the Overview Policy set forth in SMC 25.05.665. include, but are not 25 e. Mitigating measures may limited to: 26 i. Limiting the height of the development; 27 ii. Limiting the bulk of the development; 28 CS 19.2 5 iii. Redesigning the profile of the 2 development; iv. Limiting or rearranging wal((k)),Is, 3 fences, or plant material; 4 V. Limiting or rearranging accessory 5 structures, i.e., towers, railing, antennae; and 6 vi. Relocating the project on the site. 7 8 ATTACHMENT 1 9 Alki Beach Park 10 Alki Avenue S.W. Atlantic City Park II S. Henderson and Seward Park S. 12 Bagley Viewpoint 10th Avenue E. and E. Roanoke 13 Ballard High School i 14 N.W. 65th Street and 14th Avenue N.W. 1 Banner Place 15 N.E. Banner Plane off N.E. 75th Street 16 Bayview Playground 24th Avenue W. and W. Raye Street 17 Beacon Hill Playground 18 S. Holgate and 14th Avenue S. Belvidere Viewpoint 19 S.W. Admiral Way and S.W. Olga 20 Bhy Kracke Park Bigelow North and Comstock Place 21 Bitter Lake Playground N. 130th and Linden Avenue N. 22 Briarcliff Elementary School 23 W. Dravus and 38th Avenue W. 24 Broadview Elementary School 12515 Greenwood Avenue N. 25 I Carkeek Park N.W. 110th off N.
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