180B2 CAM327A

User Manual: 180B2

Open the PDF directly: View PDF PDF.
Page Count: 8

www.seattle.gov/sdci
700 5th Avenue, Suite 2000
P.O. Box 34019
Seattle, WA 98124-4019
(206) 684-8600
Seattle Permits
Tip
sdci
Seattle Department of Construction
and Inspections
— part of a multi-departmental City of Seattle series on getting a permit
Printed on totally chlorine free paper made with 100% post-consumer ber
Environmentally Critical
Areas Exemptions, Relief
from Prohibition on
Development, and Modifi-
cations to Submittal
Requirements —
Application Instructions and
Submittal Requirements
Updated May 15, 2017
Note: When this Tip refers to ECA regulations that ap-
ply within the Shoreline District, please reference ECA
regulations dated before May 15, 2017. When the Tip
refers to ECA regulations that apply outside the Shore-
line District, please reference ECA regulations dated
May 15, 2017.
The City of Seattle environmentally critical areas (ECAs)
ordinance (SMC Chapter 25.09) regulates development
affecting landslide-prone areas, steep slope erosion
hazard areas, liquefaction-prone areas, peat settle-
ment-prone areas, abandoned landfills, flood-prone
areas, wetlands, riparian corridors, and other fish and
wildlife habitat conservation areas, and ECA buffers.
In some cases SDCI may allow departures from ECA
code requirements. This Tip explains these possibilities,
and includes instructions to apply for (1) an exemption
to the ECA regulations, (2) other relief from the prohibition
on steep slope erosion hazard area development, or (3)
modification to submittal requirements.
When considering whether an exemption or relief
from steep slope erosion hazard area development
standards apply as part of a specific development
proposal, SDCI determines whether there is an ECA or
ECA buffer on the parcel (SMC 25.09.030.B). In some
cases, the presence or absence of an ECA can be
determined as part of the pre-application site visit
(PASV) process.
If not, the determination may be made as part of
the Tip 327A application process or during the plan
review process. We recommend that the presence
or absence of an ECA be made as early as possible
in the permit process since the presence of ECAs
discovered during plan review can result in significant
delays or redesign of your project.
To determine whether there is an ECA on the par-
cel, SDCI relies on the definition of the ECA (SMC
25.09.020 for projects within the Shoreline District and
SMC 25.09.012 for projects outside the Shoreline Dis-
trict), maps, site surveys, completed PASV form, topo-
graphic maps, technical environmental analysis, and
any other information necessary (SMC 25.09.030.A).
In deter-mining whether there is an ECA buffer on
the parcel, SDCI also consults SMC 25.09.020.A.5
for projects within the Shoreline District and SMC
25.09.012.A.5 for projects outside the Shoreline
District (parcel specific peat settlement-prone area),
25.09.160 (wetlands), and 25.09.180 (steep slopes)
for projects within the Shoreline District and SMC
25.09.090 for projects outside the Shoreline District.
If there is no ECA or buffer on the site, then exemp-
tion from Chapter 25.09 is not necessary because this
chapter applies only to parcels that have ECA areas
or ECA buffers.
ECA EXEMPTIONS
If granted, an ECA exemption relieves development
from many of the provisions of the ECA chapter. Stan-
dards specified in Section 25.09.045, the exemption
section of the ordinance apply, and include limits on
development, conditions on development, the use of
best management practices, and mitigation of ground
disturbance and critical areas functions disturbed
by development. Additionally, other standards also
apply, even when an exemption is granted, including
the general administrative provisions of SMC Section
327A
SDCI Tip #327A—ECA Exemptions, Relief from Prohibition, Modications to Submittal Requirements page 2
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
25.09.017; how to determine the presence of an ECA
and buffer per SMC Section 25.09.030.B; and the
enforcement provisions of the ordinance.
Exemption applications must be part of a specific
development proposal (SMC 25.09.045.A.2). Exemp-
tions from the ECA standards may be allowed for the
following (see Section 25.09.045 of the ECA regula-
tions for more detailed information):
1. Development that does not temporarily or permanent-
ly encroach within, alter, or increase the impact to the
ECA or buffer on the parcel where the development
occurs; but removing existing development and
replacing it is not exempt (SMC 25.09.045D, for proj-
ects within the Shoreline District and SMC 25.09.045.E
for projects outside the Shoreline District).
2. Work directly related to ending a condition that is
both (1) an immediate threat to the public health,
safety and welfare, or creates an immediate risk of
damage to public or private property and (2)
requires remedial or preventive action in a timeframe
too short to allow compliance with the application
provisions of this chapter; but the work done must
be the minimum needed, the work must comply with
the chapter’s requirements to the extent practicable
and related work after that time period is not exempt
(SMC 25.09.045.E for projects within the Shoreline
District and SMC 25.09.045.G for projects outside
the Shoreline District).
3. Maintenance, repair, interior renovation, or inte-
rior structural alteration, or window, siding or roof
replacement of an existing development. The
change to existing development cannot increase
the size of the development as determined from
the "plan view;" the project does not increase the
impact, encroach further within, or further alter an
ECA or buffer (SMC 25.09.045.F).
4. For projects within the Shoreline District: Rebuild-
ing or replacing structures that are destroyed by an
act of nature, if replaced to the same footprint and
height of the destroyed structure and there is no in-
crease in nonconformity within the ECA regulations
is allowed. Work on these structures must be com-
menced within one year (SMC 25.09.045.G) For
replacing structures outside the Shoreline Districts
see SMC 25.09.052).
5. Certain electric, natural gas, cable communications,
telephone, public facility and utility, and right- of-way
improvement projects when the project is not a pre-
requisite to development. This exemption will only
be approved when it can be demonstrated that (1)
no practicable alternative with less impact exists, (2)
the encroachment into a critical area is minimized
to the greatest extent practicable, and (3) mitigation
measures are employed before, during and after
construction. (SMC 25.09.045.H and 25.09.065 for
projects outside the Shoreline District).
6. Normal and routine operation, structural mainte-
nance, remodeling, repair, and removal of existing
public facilities and utilities, when these activities
do not result in substantial disturbance or adverse
impacts of ECAs or buffers (SMC 25.09.045.I).
7. Normal and routine (a) pruning, (b) tree and veg-
etation maintenance and management, and (c)
revegetation using native trees and vegetation
when they both (1) do not result in substantial
disturbance or adverse impacts of environmentally
critical areas or buffers and (2) are carried out
in parks, public utility rights-of-way, and publicly
owned open spaces by the public agencies that
are responsible for them (25.09.045.J).
Exemptions for some projects, except for those in
wetlands or riparian corridors, may be approved by
a permit leader or permit specialist at the counter if
sufficient information is presented for this determina-
tion. Types of exemptions most frequently granted
in this way are for routine repair and maintenance of
existing structures and correction of emergency con-
ditions. The staff member you speak with will be able
to identify requests that trigger the need for a more
formal application with documentation for review by
the Director. They will also be able to provide you
with procedural information about submittal and
review of an exemption request.
Applicants can obtain ECA information online at www.
seattle.gov/dpd/codesrules/codes/environmentally-
criticalareas.
RELIEF FROM PROHIBITION ON STEEP
SLOPE EROSION HAZARD AREA
DEVELOPMENT
The ECA Code does not allow development in steep
slope erosion hazard areas or steep slope buffers
unless you obtain “Relief from Prohibition on Steep
Slope Erosion Hazard Area Development” or an ECA
Steep Slope Erosion Hazard Area Variance. When
you apply for Relief from Prohibition on Steep Slope
Erosion Hazard Area Development (Relief), we decide
whether your projects fits one of the following four
criteria to obtain Relief as described below (and more
completely in SMC 25.09.180.B.2 for projects within
SDCI Tip #327A—ECA Exemptions, Relief from Prohibition, Modications to Submittal Requirements page 3
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
the Shoreline District and SMC 25.09.090.B.2 for proj-
ects outside the Shoreline District):
a. When development is located within the footprint
of lawfully constructed structures or paved areas
(not including landscaped areas or areas that have
been graded), if the impact on the steep slope
area is not altered or increased (e.g. a legal struc-
ture in a steep slope area/buffer could be replaced
in the same location).
b. When development is located on steep slope ero-
sion hazard areas that have been created through
previous legal grading activities, including rocker-
ies or retaining walls resulting from right-of-way
improvements, if no adverse impact on the steep
slope area will result. This provision does not
extend beyond the cut or fill created by the street,
alley, sidewalk or other right-of-way improvement.
This provision also does not apply if the original
ground surface was a steep slope and the legal
grading made the slope steeper.
c. When development is located on steep slope
erosion hazard areas that are less than 20 feet in
vertical rise and that are 30 feet or more from other
steep slope erosion hazard areas, if no adverse
impact on the steep slope area will result.
d. When the Director determines, based on geotechni-
cal expertise, that stabilization of the steep slope
area is necessary to mitigate an active landslide
hazard. The stabilization measure must be the
minimum necessary to mitigate the landslide haz-
ard and use the least intrusive option possible. This
provision for “necessary stabilization” may not be
used to create new flat yard areas in steep slope
areas and their buffers. Steep slope erosion hazard
areas and buffers stabilized under this provision
cannot be considered as areas of existing develop-
ment for The applicant must also show that there
will be no adverse impact on the stability or erosion
potential of the steep slope erosion hazard area.
Relief from Prohibition on Steep Slope Development
(as described above and in SMC 25.09.180.B.2
for projects within the Shoreline District and SMC
25.09.090.B.2 for projects outside the Shoreline
District) cannot be obtained on waterfront lots in the
Shoreline District (see SMC 23.60A.156.I). A Shoreline
Variance is required to develop in steep slope areas
and buffers on waterfront lots. It is important that you
determine whether your development is on a water-
front lot prior to applying for Relief. You may consult
with a Land Use Planner in the Applicant Services
Center for more information.
IMPORTANT NOTE: Areas that meet the criteria for
relief from prohibition on steep slope erosion hazard
area development are still considered environmen-
tally critical areas. Relief from prohibition on steep
slope erosion hazard area development is not an
ECA exemption under SMC 25.09.045. If we grant
relief, projects are still subject to ECA review, steep
slope drainage control, and tree and vegetation regu-
lations, as well as applicable landslide-prone area
regulations of the ECA ordinance and any applicable
geotechnical requirements under the Grading Code
and the Stormwater Code. In addition, some of these
projects may need review under the State Environ-
mental Policy Act (SEPA). Applications for Relief must
be part of a specific development proposal.
MODIFICATIONS TO SUBMITTAL
REQUIREMENTS
Modifications to ECA submittal requirements may
be allowed in the following situations under
Section 25.09.330 and Director’s Rule 3-2007 or
subsequent rules:
a. When the applicant demonstrates to the satisfac-
tion of SDCI that complete submittals are
not necessary to review the proposal for compli-
ance with the substantive requirements of the
ECA regulations. The applicant must document the
reasons for a requested modification to the submit-
tal requirements.
b. In cases where the applicant has requested but
been denied permission for a surveyor to obtain
right of entry to adjoining properties. If this is the
case, SDCI may allow a modification to the sur-
veyed site plan required as detailed in Tip 103B,
ECA Site Plan Requirements, and normally used
to show topographic conditions on neighboring
properties. SDCI may allow the surveyor to indicate
on the survey the general conditions of the off-site
areas. This modification to the survey requirements
will only be allowed when the applicant demon-
strates that entry has been denied and that this
off-site survey information is not necessary to review
the proposed development and protect the pub-
lic safety and prevent harm to the environment. In
these cases, the surveyor shall always indicate on
the face of the survey what information is estimated,
including general observations. The applicant shall
describe in writing what efforts were made to obtain
right of entry for the off-site areas and provide a
SDCI Tip #327A—ECA Exemptions, Relief from Prohibition, Modications to Submittal Requirements page 4
LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance
with all code and rule requirements, whether or not described in this Tip.
Links to electronic versions of SDCI publications are
available on the "Tools and Resources" page of
our website at www.seattle.gov/sdci. Paper copies
are available from our Public Resource Center,
located on the 20th floor of Seattle Municipal Tower at
700 Fifth Ave. in downtown Seattle, (206) 684-8467.
Access to Information
signed statement verifying that the request for entry
has been denied.
APPLICATION INSTRUCTIONS
All requests must be part of a specific development
proposal and should be submitted before you apply
for your permit application. To submit the exemp-
tion, relief, or modification request, you’ll need to first
complete a preliminary application and pay the fee for
your pre-application site visit (if the visit is required for
your project).
A pre-application site visit (PASV) is required for most
projects that involve ground disturbance. Begin your
preliminary application and request your site visit. Once
the site visit has been completed and you have received
your PASV report you may apply for the exemption or
relief online via the SDCI Project Portal (http://web6.
seattle.gov/dpd/eplan) using the “Request for Exemp-
tion” link on the left side of the SDCI Project Portal.
The forms attached to this Tip will help you prepare
the information you need to submit your application.
You do not need to submit the forms; you'll enter the
information directly into the Portal.
There is an hourly review fee for ECA exemption
requests, relief from steep slope requirements, and
modifications to ECA submittal requirements applica-
tions. You must pay the initial minimum review fee
when you apply; it is non-refundable once we begin
review of the request.
We recommend that you speak with a permit leader
or a permit specialist before submitting your exemp-
tion request. Visit the SDCI Applicant Services Center,
located on the 20th floor of Seattle Municipal Tower.
REVIEW PROCESS
After an application is submitted, it will be reviewed
and analyzed by SDCI staff. We may ask for addi-
tional information during the review process.
The SDCI Director’s decision on a request for an ECA
exemption under SMC 25.09.045 or for relief from
steep slope requirements under SMC 25.09.180.B.2
for projects within the Shoreline District and SMC
25.09.090.B.2 for projects outside the Shoreline
District) is a Final decision that may be reviewed and
modified by requesting an Interpretation under SMC
23.88.020. An Interpretation is required before seek-
ing judicial review.
OTHER ECA-RELATED DOCUMENTS
Director’s Rule 3-2007, Application Submittal
Requirements in Environmentally Critical Areas
Tip 103B, Environmentally Critical Area Site Plan
Requirements
Tip 209, Application Requirements for
Shoreline Permits
Tip 324, Reducing Landslide and Stormwater
Erosion Damage: What You Can Do
Tip 327b, Environmentally Critical Areas — Small
Project Waivers
Tip 328, Environmentally Critical Areas Exceptions
Tip 329, Environmentally Critical Areas Administra-
tive Conditional Use Permit
Tip 330, Environmentally Critical Areas Yard &
Setback, Steep Slope Erosion Hazard and Wetland
Buffer Variances Application Instructions and
Submittal Requirements
Tip
331,
Environmentally Critical Areas —
Tree and
Vegetation Overview
Tip 331A, Environmentally Critical Areas: Vegeta-
tion Restoration
Tip 331B, Hazard Trees
SDCI Project No.
REQUEST FOR ECA EXEMPTION
TO BE COMPLETED BY APPLICANT
ECAS AND/OR BUFFERS MAPPED OR IDENTIFIED ON SITE
Geologic Hazard Areas
Steep Slope Potential Slide due to Geologic Conditions Known Slide
Liquefaction-prone Peat Settlement-prone
Fish and Wildlife Habitat Conservation Areas
Riparian Corridor (includes Riparian Management Area)
Other Fish and Wildlife Habitat Area
Other
Wetland Wetland Buffer Flood-prone Abandoned landfi ll
TYPE OF EXEMPTION
ECA Exemption under Section 25.09.045, subject to conditions of that section
Proposed development is outside the ECA and its buffers and imposes no additional impact to the ECA
[Section 25.09.045D]. If more than one ECA is mapped or identifi ed on the site, indicate applicable
ECA(s) for which exemption is requested.
Proposed development meets one or more of the provisions of 25.09.045 E through J. Please describe.
City of Seattle
Department of Construction and Inspections
700 Fifth Avenue, Suite 2000, P.O. Box 34019, Seattle, WA 98124-4019
FORM CONTINUES
FOR SDCI
INTERNAL
USE ONLY
NONPROX
*For Shoreline Habitat and buffer, regulations in SMC 23.60 also apply. A Shoreline Substantial Development
Permit (SSDP) or Exemption may be required. See Tip 209A for information about exemptions from SSDP.
SITE, PROJECT, AND OWNER/AGENT INFORMATION
Site Address:
Description of proposed project:
Please describe the reasons for your request:
Request must be part of a specifi c development proposal submitted for Seattle DCI review and apply only
to that proposal. Please provide the assigned SDCI project number for the proposal:
Property Owner's Name:
Residence Address:
City/State/Zip Code:
Telephone:
Agent's Name:
Address:
City/State/Zip Code:
Telephone:
Applicant's Signature:
Date of Application:
TO BE COMPLETED BY SDCI STAFF
Meets Criteria Does Not Meet Criteria
Reviewer Date
Explanation or Conditions:
To obtain review of a decision on an application under SMC 25.09.045, an interpretation must be
requested under SMC 23.88.020.
City of Seattle
Department of Construction and Inspections
700 Fifth Avenue, Suite 2000, P.O. Box 34019, Seattle, WA 98124-4019
FORM CONTINUES
SDCI Project No.
REQUEST FOR RELIEF FROM PROHIBITION ON STEEP
SLOPE DEVELOPMENT OR MODIFICATION TO
ECA SUBMITTAL REQUIREMENTS
TO BE COMPLETED BY APPLICANT
ECAS AND/OR BUFFERS MAPPED OR IDENTIFIED ON SITE
Geologic Hazard Areas
Steep Slope Potential Slide due to Geologic Conditions Known Slide
Liquefaction-prone Peat Settlement-prone
Fish and Wildlife Habitat Conservation Areas
Riparian Corridor (includes Riparian Management Area)
Other Fish and Wildlife Habitat Area
Other
Wetland Wetland Buffer Flood-prone Abandoned landfi ll
TYPE OF APPLICATION
Relief from Prohibition on Steep Slope Development under Section 25.09.180B. Choose any that apply
(Not an ECA exemption. Project subject to ECA review**.)
Proposed development is located where existing development is located, with no increase in
impact on the steep slope [B2a]
Proposed development is located on steep slope areas created through previous legal grading
activities [B2b]
Proposed development is located on steep slope areas that are less than 20 feet in vertical rise
and that are 30 feet or more from other steep slope areas, and no adverse impacts on the ECA will
occur [B2c]
Application of development standards would prevent necessary stabilization of a landslide prone
area [B2d]
Modifi cation to submittal requirements (not an ECA exemption. Project subject to ECA review**). Request for
modifi cation to application submittal requirements per Director’s Rule 3-2007. If more than one ECA is mapped or
identifi ed on the site, indicate applicable ECA for which modifi ed submittal requirements are requested.
FOR SDCI
INTERNAL
USE ONLY
SS:REDV
SS:GRAD
SS:ISOL
SS:STAB
*For Shoreline Habitat and buffer, regulations in SMC 23.60 also apply. A Shoreline Substantial Development Permit
(SSDP) or Exemption may be required. See Tip 209A for information about exemptions from SSDP.
**Development may also be subject to SEPA. See Tip 208, When Environmental Review is Required in the City of Seattle.
SITE, PROJECT, AND OWNER/AGENT INFORMATION
Site Address:
Description of proposed project:
Please describe the reasons for your request:
Request must be part of a specifi c development proposal submitted for SDCI review and apply only to that
proposal. Please provide the assigned SDCI project number for the proposal:
Property Owner's Name:
Residence Address:
City/State/Zip Code:
Telephone:
Agent's Name:
Address:
City/State/Zip Code:
Telephone:
Applicant's Signature:
Date of Application:
TO BE COMPLETED BY SDCI STAFF
Meets Criteria Does Not Meet Criteria
Reviewer Date
Explanation or Conditions:
To obtain review of a decision on an application under SMC 25.09.180B, an interpretation must be
requested under SMC 23.88.020.

Navigation menu