Corpus

Chapter 23.79 - ESTABLISHMENT OF DEVELOPMENT STANDARD DEPARTURE FOR PUBLIC SCHOOLS

Seattle Mun. Code — Chapter 23.79 - ESTABLISHMENT OF DEVELOPMENT STANDARD DEPARTURE FOR PUBLIC SCHOOLS
in effect

Seattle Mun. Code § 23.79.002 Initiation of development standard departure procedure.

A. The Seattle School District may apply for development standard departure for public school structures. Applications shall be made to the Director. B. When demolition of residential structures is proposed, and the public school site includes land acquired for public school use after the effective date of the amendatory ordinance codified in this chapter, [15] the Director shall initiate the process for development standard departures and the School District shall be bound by the development standard departures which are required in order to reduce demolition of residential structures. (Ord. 126188 , § 10, 2020; Ord. 126072 , § 10, 2020; Ord. 112539, § 10, 1985.)

Seattle Mun. Code § 23.79.004 Application for development standard departure

On receipt of an application for development standard departure or upon initiation of the process by the Director, the Director shall forward an application to the Director of the Office of Planning and Community Development (OPCD) who shall convene a Development Standard Advisory Committee, hereinafter called the advisory committee, to secure the comments of the public and make recommendations for modifications of development standards. The advisory committee shall operate pursuant to rules promulgated by the Director of OPCD. To the extent that members of the following groups are available, the advisory committee shall consist of: A. A representative of the City selected by the Director of OPCD, to act as nonvoting chairperson; B. A representative of the Seattle School District; C. A person residing within 600 feet of the site of the school and any adjoining publicly owned property, selected by the Director of OPCD in cooperation with the community organizations(s) representing the area; D. A person owning property or a business within 600 feet of the site of the school and any adjoining publicly owned property, selected by the Director of OPCD in cooperation with the community organization(s) representing the area; E. Two representatives of the neighborhood, selected by the Director of OPCD in cooperation with the community organization(s) representing the area; F. A representative at large selected by the Director of OPCD to represent city-wide education issues; G. A nonvoting representative of the Department; H. Two representatives of the parents of the school to be replaced, expanded, or remodeled, selected by the Director of OPCD in cooperation with the school's PTSA or other school parent organization; and I. A person, to be selected by the Director, who resides in a housing unit which will be demolished and who will be adversely affected by the demolition, when demolition of housing is necessitated by the District's proposal. (Ord. 127358 , § 7, 2025; Ord. 121429 , § 6, 2004; Ord. 115906 , § 6, 1991; Ord. 112799, § 1, 1986; Ord. 112539, § 10, 1985)

Seattle Mun. Code § 23.79.006 Notice provided for development standard departure

A. If notice is required pursuant to this Chapter 23.79 , except mailed notice as defined in Section 23.84A.025 , it may be provided by electronic means if the recipient provides an e-mail address to the Office of Planning and Community Development (OPCD). Notice to City agencies may be provided through the City's interoffice mail or by electronic means. B. Notification of the application and formation of a Development Standard Advisory Committee and the first meeting of the advisory committee, shall be provided by the OPCD Director in the following manner: 1. Mailed notice; 2. Inclusion in the Land Use Information Bulletin; 3. Posting one land use sign visible to the public at each street frontage abutting the site except, when there is no street frontage or the site abuts an unimproved street, the OPCD Director shall either post more than one sign or select an alternative posting location so that notice is clearly visible to the public; 4. Through the regular processes of a parents' organization, if one exists; and 5. Provision of notice to community organizations known to the OPCD Director as representing the local area, and to other organizations that have made a written request for notice and provided an address for notice. (Ord. 127358 , § 8, 2025; Ord. 126188 , § 11, 2020; Ord. 126072 , § 11, 2020; Ord. 123913, § 41, 2012; Ord. 118672, § 32, 1997; Ord. 112539, § 10, 1985)

Seattle Mun. Code § 23.79.008 Advisory committee responsibilities.

The advisory committee shall perform the following functions: A. It shall conduct one or more public meetings within a ninety (90) day period from formation of the advisory committee. B. It shall gather and evaluate public comment. C. It shall recommend the maximum departure which may be allowed for each development standard from which a departure has been requested. Minority reports shall be permitted. The advisory committee may not recommend that a standard be made more restrictive unless the restriction is necessary as a condition to mitigate the impacts of granting a development standard departure. 1. Departures shall be evaluated for consistency with the general objectives and intent of the City's Land Use Code, including the rezone evaluation criteria in Chapter 23.34 of the Seattle Municipal Code, to ensure that the proposed facility is compatible with the character and use of its surroundings. In reaching recommendations, the advisory committee shall consider and balance the interrelationships among the following factors: a. Relationship to Surrounding Areas. The advisory committee shall evaluate the acceptable or necessary level of departure according to: (1) Appropriateness in relation to the character and scale of the surrounding area; (2) Presence of edges (significant setbacks, major arterials, topographic breaks, and similar features) which provide a transition in scale; (3) Location and design of structures to reduce the appearance of bulk; (4) Impacts on traffic, noise, circulation and parking in the area; and (5) Impacts on housing and open space. More flexibility in the development standards may be allowed if the impacts on the surrounding community are anticipated to be negligible or are reduced by mitigation; whereas, a minimal amount or no departure from development standards may be allowed if the anticipated impacts are significant and cannot be satisfactorily mitigated. b. Need for Departure. The physical requirements of the specific proposal and the project's relationship to educational needs shall be balanced with the level of impacts on the surrounding area. Greater departure may be allowed for special facilities, such as a gymnasium, which are unique and/or an integral and necessary part of the educational process; whereas, a lesser or no departure may be granted for a facility which can be accommodated within the established development standards. 2. When the departure process is required because of proposed demolition of housing, the desirability of minimizing the effects of demolition must be weighed against the educational objectives to be served in addition to the evaluation required in subsection C1. 3. Following the evaluation set out in subsections C1 or C2, departures may be recommended as set forth in the regulations for the applicable zone and in Chapter 23.54 . Recommendations must include consideration of the interrelationship among height, setback and landscaping standards when departures from height or setback are proposed. D. The advisory committee shall recommend departure limits to the Director no later than ninety (90) days after its first meeting. Such recommendation shall be made after a majority or plurality vote. If only one (1) meeting is held, departure limits shall be recommended no later than thirty (30) days after the meeting. A ten (10) day extension may be granted by the Director if requested, in writing, by a majority of the advisory committee. (Ord. 121429 , § 7, 2004; Ord. 120691 , § 31, 2001; Ord. 112799 § 2, 1986; Ord. 112539 § 10(part), 1985)

Seattle Mun. Code § 23.79.010 Duties of Director

A. The Director shall determine the amount of departure from established development standards that may be allowed or required, as well as mitigating measures that may be required. The Director's decision shall be based on an evaluation of the factors set forth in subsection 23.79.008.C, the majority recommendations and minority reports of the advisory committee, comment at the public hearings and other comments from the public. If the Director modifies the recommendations of the advisory committee, the reasons for the modification shall be put forth in writing. B. Notice of decision 1. The Director shall provide notice of the decision within seven days of the date the decision is made in the following manner: a. Publication in the City official newspaper; b. Inclusion in the Land Use Information Bulletin; and c. Notice provided to the applicant, all members of the advisory committee, and persons who have requested notice in writing and provided an address for notice. 2. The notice of the decision shall state the address of the school and briefly state the decision made by the Director. The notice shall also state that the departure from development standards is subject to appeal and shall describe the appropriate appeal procedure. (Ord. 126188 , § 12, 2020; Ord. 126072 , § 12, 2020; Ord. 124378 , § 86, 2013; Ord. 123913, § 42, 2012; Ord. 121477, § 58, 2004; Ord. 121276, § 37, 2003; Ord. 112539, § 10, 1985)

Seattle Mun. Code § 23.79.012 Appeal of development standard departure

A. Any person substantially affected by or interested in the development standard departure may appeal the decision to the Hearing Examiner within a period extending to 5 p.m. of the 14 th calendar day following the date of publication of the decision. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the appeal period shall run until 5 p.m. the next day that is not a Saturday, Sunday, or federal or City holiday. The appeal shall be in writing and shall state specifically why the appellant finds the departure inappropriate or incorrect. B. Appeals of development standard departure shall be accompanied by payment of a filing fee as established in Section 3.02 .125. C. The Hearing Examiner shall consider the appeal in accordance with the procedure established for hearing contested cases Chapter 3.02 . Notice shall be given not less than 20 days prior to hearing. D. Appeals shall be considered de novo. The decision on the evidence before the Hearing Examiner shall be made upon the same basis as was required of the Director. The decision of the Director shall be given substantial weight, and the burden of establishing the contrary shall be upon the appellant. The Hearing Examiner shall summarily dismiss an appeal without hearing which is determined to be without merit on its face, frivolous, or brought merely to secure a delay. E. The Hearing Examiner shall issue a decision within 14 days after closing the record and provide notice of the decision on the same date to the parties of record and all those who have made a written request for notice and provided an address for notice. F. The decision of the Hearing Examiner may affirm, reverse, or modify the Director's decision either in whole or in part. The Hearing Examiner may also remand the decision to the Director for further consideration. G. The decision of the Hearing Examiner shall be final, and the applicant, appellant and Director shall be bound by it. (Ord. 123913, § 43, 2012; Ord. 117263 , § 59, 1994; Ord. 112539 § 10(part), 1985.)
Source: Seattle Municipal Code (Municode library)URL: https://library.municode.com/wa/seattle/codes/municipal_codeFetched: 7/25/2026