Procedures, Permitting Process and Approvals for Right-of-Way Improvements
2.10 Department of Planning and Development Master Use Permits (MUPS)
A Master Use Permit (MUP) is issued by the Department of Planning and Development (DPD). When the project includes work that will impact the right-of-way, the Seattle Department of Transportation (SDOT) reviews the proposal for the work in the street right-of-way and gives a recommendation to DPD to be included in the MUP decision.
MUP applications typically require a number of additional reviews, approvals and permits. A description is listed below.
The Land Use code identifies levels of required street improvements associated with development. Refer to the DPD website for more information, including specific sections of the Land Use Code. Exceptions to the required street improvements may be granted. Contact DPD to discuss exceptions that are allowable through the Land Use Code. To apply for a Land Use Code Street or Alley Improvement Exception, see DPD CAM 205.
2.10.2 SEPA Environmental Review
The State Environmental Policy Act (SEPA), RCW Chapter 43.21 C, requires governmental agencies to consider the environmental impacts of a proposal before making decisions.
The environmental impacts of certain public and private development proposals must be assessed by the City of Seattle per SEPA and the Seattle SEPA Ordinance - Chapter 25.05, Seattle Municipal Code (SMC). The level of documentation required to comply with SEPA is dictated by the type of impacts a project may have. There are three levels of documentation:
Categorical exemption: State and local SEPA regulations list certain types of projects presumed to have minimal or no impacts. A SEPA review is not required for these exempt projects. However, certain state and federal permits may require a letter or memo indicating a project is exempt. SEPA exemptions are listed in SMC 25.05.800 and for DPD permits are further clarified in DPD Director’s Rule 15-2007.
Determination of non-significance (DNS): During the review of a project under SEPA, impacts from a proposal may be limited to those which are fairly minor in scope or otherwise are not considered to be significantly adverse. This determination may be made after reviewing a SEPA checklist and other supporting documentation. The Seattle SEPA Ordinance includes policies that may allow for mitigation from identified adverse impacts. SEPA checklist requirements can be found in SMC 25.05.315.
Determination of significance (DS): When review of a proposal determines that expected adverse impacts may be significant, a Determination of Significance may be made, requiring the preparation of an environmental impact statement (EIS). A description of SEPA EIS requirements can be found in SMC 25.05.400.
2.10.2.a Environmental Review as Part of the Permit Process
Environmental review is a part of the Department of Planning and Development (DPD) Master Use Permit (MUP) process. Components of a MUP may also include use approvals, variances, administrative conditional uses, design review, special exceptions, shoreline district approvals, short plats, and certain street uses. DPD is also responsible for environmental review of City Council conditional uses, full subdivisions, major institution master plans, rezones, and Land Use Code text amendments. For some development projects whose adverse impacts may significantly affect the environment, a checklist will not provide adequate environmental review. Projects that may significantly impact the environment will require an environmental impact statement (EIS).
2.10.2.b Filling Out the Environmental Checklist
If a project is subject to the State Environmental Policy Act (SEPA) and not categorically exempt, an Environmental Checklist must be filled out and submitted by the applicant at the time of DPD permit application, so that DPD can review the project for compliance. Refer to the Environmental Checklist on the DPD website or contact the DPD Public Resource Center.
If the environmental review for a project has been completed by another City department or by a different governmental agency, a copy of the threshold determination and the Environmental Checklist - or the draft and final EIS - must be made available to the public at DPD's Public Resource Center. A copy of the threshold determination and environmental impact statement (EIS), if any, must also be submitted to DPD at the time of application for a Master Use Permit or Construction Permit or City Council approval.
Applicants must fill out the Environmental Checklist accurately and completely in ink, acknowledging potential impacts, including those associated with demolition, grading, and construction (temporary as well as permanent). Measures that an applicant plans to take to mitigate adverse environmental impacts associated with a project should be discussed under the appropriate element(s) of the environment.
The completed checklist must be dated and signed and must include the complete street address of the project. Future development proposals related to the project should be discussed even if details are not fully established. This will ensure that the applicant does not need to go through an additional environmental review and appeal period later in the process. However, discussion of future development proposals in the checklist does not exempt an applicant from independent SEPA review of a future project, if that project is over SEPA thresholds. For example, if it is known that a second phase of an office building is likely to follow the initial phase for which permits are sought, that information should be disclosed in the checklist for the first project, but does not by itself exempt the second phase from environmental review at the time of future permit application.
In most circumstances, the review for the total proposal must be completed before any permits can be issued. The more complete the information provided, the faster the review of the project can be conducted. If the information submitted is incomplete or if additional information is needed to make an accurate analysis of the environmental impacts of a project, the applicant will be required to furnish further information. Contact a DPD Land Use Planner for more information on these requirements.
2.10.2.c Transportation Impact Analysis and Parking Demand Studies
A SEPA review may result in transportation mitigation measures consistent with SEPA policies such as full or partial contributions to transportation system improvements, such as new or upgraded traffic signals or roadway modifications.
As part of the environmental review process, transportation impact analyses (TIA) or parking demand studies may be required to document a project’s transportation or parking impacts. A TIA typically estimates traffic volumes that a proposed project would generate, and compares the operating conditions of nearby intersections or roadway segments with and without the additional traffic. A TIA may also estimate potential traffic queues, examine any outstanding safety issues, and assess the impact of the project on transit, pedestrian, and bicycle facilities.
Projects may also be required to demonstrate that they satisfy transportation concurrency requirements established under the Washington State Growth Management Act. The City of Seattle uses a screenline approach to track transportation concurrency. Under this approach, a transportation analysis estimates the auto trips generated by the project that will cross one or more screenlines near the project site. Project volumes plus background traffic volumes for a screenline are compared to the established capacity for the screenline. Refer to the Comprehensive Plan, Transportation Element for additional information on level of service standards and screenlines.
Parking demand studies compare a project’s expected peak parking demand with its proposed supply. Peak parking demand may be the same as, or less than, code-required parking for a particular project, or it may exceed code requirements. If a comparison of parking demand and supply indicates that parking may spill over onto adjacent streets or off-street parking lots, a parking utilization study may be required to document the ability of nearby on- and off-street parking areas to absorb the estimated spillover. Refer to DPD Client Assistance Memo (CAM) 117: Parking Waivers for Accessory Dwelling Units for guidelines on how to complete a parking demand study. Refer to SMC 25.05.675, Specific Environmental Policies, Section M: Parking, to determine if parking spillover needs to be mitigated. The specific distance to evaluate in a parking study as well as the time of day in which to perform parking counts may vary from the specific example described in DPD CAM 117.
2.10.2.d Hazardous Materials Analysis
The Environmental Elements, Environmental Health sections of the SEPA checklist require the disclosure of any environmental releases or potential releases to the environment affecting public health. This disclosure would be noted in Section B-7a of this form. These would include any toxic or hazardous materials that may be caused by, or encountered during a proposed project. This includes contamination of private property and potential migration into the street right-of-way. This section of the checklist should summarize any analyses that have been completed, evidence of past contamination, or reports’ indicating the site has been contaminated. Phase I and/or Phase II Environmental Site Assessments, property record searches, communications with the Washington State Department of Ecology, and cleanup action reports. These documents should accompany the checklist. Similarly, a section on environmental health should be included in an EIS and be accompanied by similar evaluations.
The Department of Planning and Development (DPD) coordinates the citywide Design Review Program. Design Review helps new developments to contribute positively to neighborhoods by exploring ways in which new multifamily and commercial buildings can best respond to their sites and distinctive surroundings. The Design Review Guidelines provide a flexible tool, offering alternatives to the prescriptive zoning requirements and specific regulations found in the City’s Land Use Code. DPD’s website includes a section on design review that provides a number of resources for project applicants who will be required to complete the Design Review Process.
Most design guidelines are neighborhood specific. In some cases, design guidelines exist that describe unique characteristics or features that are desirable in the street right-of-way.
The guidelines form the backbone of the design review program. The Design Review Board, the developers and architects and the City’s planning staff all refer to them when shaping a development or project.
Neighborhood-Specific Design Guidelines: supplements the Design Review Guidelines for Multifamily and Commercial Buildings in certain neighborhoods which have adopted them; and
Shoreline Permits are elements of the Master Use Permit (MUP) process administered by the Department of Planning and Development (DPD). Shoreline Permit regulations are required by the Shoreline Management Act of 1971, as amended, Chapter 90.58 of the Revised Code of Washington (RCW). This State law requires local governments to establish a program consistent with rules adopted by the State Department of Ecology (DOE) for the administration and enforcement of the permit system titled State of Washington Shoreline Master Program Guidelines. Accordingly, the City has adopted regulations for the shorelines of the City in the Seattle Shoreline Master Program. Those regulations are contained in Chapter 23.60 of the Seattle Municipal Code (SMC). DPD has a Client Assistance Memo (CAM) # 209: Master Use Permit Application Requirements for Shoreline Permits.
Permit requirements : A Shoreline Substantial Development Permit is required for projects which propose to undertake a “substantial development” within the “Shoreline District” as defined by the Seattle Shoreline Master Program. Substantial development is generally defined as any development, the total cost or fair market value of which exceeds five thousand dollars ($5,000), OR any development which materially interferes with the normal public use of the water or shorelines of the City, as excepted below:
Exceptions : State law specifically exempts certain types of development from the requirement to obtain a Substantial Development Permit. These exemptions are listed in DPD CAM 209. If a project is exempt, the applicant must obtain a written confirmation from DPD before any other required City, State or Federal permit can be issued. The City’s shorelines (designated the “Shoreline District”) include Seattle’s saltwater shorelines, Salmon Bay, Lake Union, the Ship Canal, Lake Washington, Green Lake, and the Duwamish River, PLUS “associated wetlands” of these waters. By definition, associated wetlands comprise an area extending 200 feet landward, as measured on a horizontal plane from the ordinary high water mark, PLUS marshes, swamps, bogs, floodways, river deltas and flood plains associated with such areas.
2.10.5 Dedication of Street Right-of-Way or Easement
Developers and contractors are sometimes required by DPD to dedicate property for transportation purposes in order to receive a Construction Permit. When this occurs, DPD notifies the SDOT Real Property Services that a dedication of private property is required. SDOT works directly with the developers to ensure they comply with the permitting requirements. For more details, refer to SDOT Cam 2203 for more information and procedures on dedications of street right-of-way or easements.
2.10.6
No-Protest Agreement for Future Improvements
When a proposed development is not required to provide full street improvements, a No-Protest Agreement is required. A No-Protest Agreement is a document signed by the property owner signifying agreement not to object to the formation of a Local Improvement District (LID) for constructing future street improvements. Get more information on No-Protest Agreements, including a No-Protest Agreement Form. See Chapter 3.1 of the Right-of-Way Improvements Manual.
