CODE DEPARTURES FOR SCHOOLS

Lee Bruch January 28, 2020

This is an annotated summary of my understanding of the School Development Departures process, some of its
implications, and a suggestion towards its improvement.

INDEX
A. Summary p. 1
B. Detailed Explanation of Code Departures for Schools p. 3
C. Typical Departure Requests and their Disposition p. 5
D. Recommendations p. 8

A. SUMMARY
Schools are often located in single family zones or other zones where the zoning regulations can make it difficult
to build or alter schools.

Zoning regulations legally cannot be altered ad hoc; to do so there must be a public and appropriate due
process.

Some cities solve this difficulty by creating special school zones. But those special zones can be inflexible and
require lengthy and contentious rezoning processes when the need for new schools occurs.

Seattle has followed a different, more flexible route, codified in Section 23.79.002 of the Seattle Municipal Code
(SMC).

Under it, the School District can apply for school development departures from zoning code requirements. The
Department of Neighborhoods (DON) then appoints a committee of stakeholders to address the requested
departures, which is charged with recommending to the Director of the Seattle Department of Construction and
Inspections (SDCI), for each requested departure, whether it be granted, granted with conditions, or denied.
The committee can also submit a minority report on those issues that are not agreed.

The SDCI then makes a final decision, which may or may not coincide with the departures committee’s
recommendations, and incorporates that decision and the reasoning underlying in an “Analysis and Decision of
the Director of the Seattle Department of Construction and Inspections”, which then forms the basis of the
Master Use Permit. The Decision can be appealed to the city’s Hearing Examiner (whose decisions can be
appealed to court). Both the Director’s Decision and any appeals must be grounded in codified laws and not be
discretionary.

The departures process’s strengths and weaknesses

The current development departures process has some strengths:

1. It is much more flexible than having a dedicated “school zone” which would require a rezoning process
for every new school.
2. It is flexible, allowing the applicable regulations to be adjusted to the circumstances of individual
schools and neighborhoods.
Page 1 of 9
 3. The departures committee can identify problems or opportunities that may otherwise be missed by the
district and/or its consultants (witness the high proportion of departures “granted with (subject to)
conditions.”
4. Ideally, the departures process can result in better cooperation between the school and its neighboring
community to the benefit of both

But current development departures process has some major weaknesses:

1. It can create uncertainty to the project designers and the school district regarding what the final
requirements will be.
2. This uncertainty may remain until late in the design & permit process, requiring extensive redesign and
busting both budgets and schedules.
3. Sometimes neighbors who are upset with unrelated city decisions and policies such as zoning and
parking can “hold the school hostage” by using the as the only tool available
4. The departure process is delicate requiring good will between all parties. It can be acrimonious if
misused.

Recommendations

A change any aspect of the Seattle Municipal Code, including its zoning code, must be enacted by City Council
and the Mayor. The time and effort, and the implications of a change, vary substantially with the complexity of
the change.

The Departure Process is partly affected by the way the Seattle Municipal Code is structured regarding schools.
Changing the fundamental structure of the code can be very difficult and politically fraught. (Witness the years
long complex political and legal battle over the MHA.)

And the Departure Process is partly affected by a few details in the code. These details are much easier to
change.

There are a few specific departures that frequently reoccur and that are usually granted. Of note are:
1. To allow less parking than code requires
2. To allow greater height than code allows
3. To allow bus load/unload off site
4. To allow greater lot coverage than allowed
5. To allow changing image sign
6. To allow less setbacks than required

Changes to the code are both technical and political matters.

My recommendation would be to form a working group composed of people from Seattle Public Schools (SPS),
Seattle Department of Construction & Inspections (SDCI), Department of Neighborhoods (DON), the design
community, charged with reviewing the school departure process and recommending ways to expedite it.

Attention should be paid both to the process itself and to small changes in the code that can be relatively easily
accomplished. Special priority should be given give to addressing the most common departures. And a deadline
should be set for delivery of the work product to the Directors of the relevant city departments.

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B. DETAILED EXPLANATION OF CODE DEPARTURES FOR SCHOOLS
Informational side note:
Much of the following was adapted from, and/or quotes from, a summary for Coe Elementary School’s
Departure Committee accessed at
https://www.seattle.gov/Documents/Departments/Neighborhoods/MajorInstitutions/Coe
%20Elementary/Presentation20190828.pdf and from a Department of Neighborhoods presentation
accessed at https://www.seattle.gov/neighborhoods/programs-and-services/major-institutions-and-
schools/school-departures-advisory-committees).

School development departures are established by, and outlined in, the Seattle Municipal Code, Chapter
23.29 (found at https://library.municode.com/wa/seattle/codes/municipal_code?
nodeId=TIT23LAUSCO_SUBTITLE_IVAD_CH23.79ESDESTDEPUSC )

Introduction

“The departure process is established by the Seattle Land Use Code Section 23.79.002. The intent of the
process is to allow for the construction, addition, and/or renovation of schools that do not necessarily
meet all of the land use and zoning standards of the surrounding neighborhood.” 1

Purpose & Intent

“Most schools are located in single family neighborhoods; the land use code does not include a ‘school
zone.’

“[School construction,] renovation, and additions often will not meet the underlying zoning, therefore
public schools can request exemptions, known as departures, from the land use code.
2
“The committee can recommend to grant, grant with condition, or deny the requested departures. ”

The committee is appointed by, and administered by, the Department of Neighborhoods (DON).
The Seattle Department of Construction & Inspections (SDCI) makes the final determination when the
Master Use Permit is issues. The determination can be (and often is) appealed to the Hearing Examiner
for non-conformance with the law.

“Committee Roles & Responsibilities (SMC 23.79.008)

“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.

“Evaluation Criteria – Consistency (SMC 23.79.008)

1
From “School Departures Advisory Committees” webpage at https://www.seattle.gov/neighborhoods/programs-and-
services/major-institutions-and-schools/school-departures-advisory-committees
2
From “Development Standard Advisory Committee” introduction notes for Coe Elementary at
http://web6.seattle.gov/dpd/edms/GetDocument.aspx?id=4901293
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 “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. 3

Evaluation Criteria - Relationship (SMC 23.79.008)

“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.”

“Recommendations for departures

“Recommendations must include consideration of the interrelationship among height, setback and
landscaping standards when departures from height or setback are proposed.” 4

3
Ibid
4
Ibid
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C. TYPICAL DEPARTURE REQUESTS & THEIR DISPOSITION
The school website lists 12 projects currently under planning or construction as of January 2020 at
https://www.seattleschools.org/cms/One.aspx?portalId=627&pageId=87273527

4 of the 12 projects have had Departure Request decisions concluded. The departure requests and their
disposition area as follows:

Departure Request Granted Granted Denied Total

with Requests
conditions
To allow less parking than code requires 1 3 4
To allow greater height than code allows 3 3
To allow bus load/unload off site 3 3
To allow greater lot coverage than allowed 1 1 2
To allow changing image sign 1 1 2
To allow less setbacks than required 1 1

Appealed to Hearing Examiner 1

the SDCI Director’s Decision was sustained

Following is a summary of the departure requests for all of the 12 active projects as of January, 2020:

Bagley Elementary MUP:3026810-SD to open 2020, Master Use Permit issued 2018

Departure #1 –To allow a reduction of on-site parking. (SMC 23.51B.002 G) –The code requires the
District to provide 78 parking spaces. The District requested a departure to allow 46 parking spaces on
site, a reduction of 32 parking spaces.
granted with conditions (*)

Departure #2 – To allow a changing image sign (SMC 23.55.020) – The applicant proposes to install a
changing image sign. (Later dropped)
withdrawn (*)

5
(*) above outcomes per Director’s Decision

Coe Elementary to open 2021, Master Use Permit in process

Departure request: Setback

Pending

Kimball Elementary open 2023, Master Use Permit in processr

No information on departure request yet

Wing Luke Elementary to open 2021, Master Use Permit issued 2018

Departure #1 – To allow greater than allowed building height. (SMC 23.51B.002 C) – The zoning code
restricts building height to 35 feet plus 15 feet for a pitched roof. The District request up to 9 feet 4

5
Revised SDCI’s Director’s Decision for the Master Use Permit, Nov. 5, 2018, pp. 3-8 retrieved at
http://web6.seattle.gov/dpd/edms/GetDocument.aspx?id=4171727
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 inches above the height limit for mechanical equipment and for the upper level of the Phase 2 addition.
(Phase 2 is not proposed in this application but presented for discussion.)
granted with conditions (*)

Departure #2 – To allow less than required off-street parking. (SMC 23.51B.002 G) – The code requires
the District to provide 130 parking spaces. The District requested a departure to provide 50 parking
spaces on site. (later increased to 60 spaces.)
granted with conditions (*)

Departure #3 – To allow bus load and unload off-site. (SMC 23.51B.002 I) – The code allows off site bus
load and unload in certain conditions. The applicant proposes to locate bus load and unload off-site.
granted with conditions (*)

Departure #4 – To allow a changing image electric sign. (SMC 23.55.020 B) – The code does not allow
changing image signs in single-family districts. The District requests one double-faced changing image
sign.
granted with conditions (*)
6
(*) above outcomes per Director’s Decision
7
Appealed to Hearing Examiner. Director’s Decision Sustained

Northgate Elementary to open 2023, Master Use Permit pending

No information on departure request yet

Magnolia Elementary MUP 3024148, to open 2021, Master Use Permit issued 2017

Departure #1 –To allow up to 45% lot coverage. (SMC 23.51B.002 C) – The zoning code restricts the
amount of lot coverage to 35 % for structures of more than one story. The District requested a
departure to allow 45 % lot coverage.
Granted with conditions (*)

Departure #2 –To exceed the maximum building height limit. (SMC 23.51B.002 D) – The zoning code
restricts the height of development on the site to no greater than the existing building’s height or 35
feet plus an additional 15 feet for a pitched roof, if the pitch is at a rate of not less than 4:12. The District
requested a 12 foot departure to allow the Elementary School to exceed this standard for mechanical
and elevator penthouses.
Granted with conditions (*)

Departure #3 – To allow a reduction of on-site parking. (SMC 23.51B.002 G) –The code requires the
District to provide 79 parking spaces. The District requested a departure to allow six (6) parking spaces
on site. Currently, no parking is provided on site.
Granted with conditions (*)

Departure #4 – To allow bus load and unload off-site (SMC 23.51B.002 I) –The code allows off site bus
load and unload in certain conditions. The applicant proposes to add additional space for bus load and

6
SDCI’s Director’s Decision for the Master Use Permit, June 14, 2018, pp. 5-13 retrieved at
http://web6.seattle.gov/dpd/edms/GetDocument.aspx?id=3813423
7
Hearing Examiner, Findings, Conclusion, & Recommended Decision of appeal, Jan. 9, 2018 retreived at
http://web6.seattle.gov/dpd/edms/GetDocument.aspx?id=3646544
Page 6 of 9
 unload off-site.
Granted with conditions (*)

Departure #5 – To allow a double faced, electric, changing message board sign. (SMC 23.55.020 A,B,
D7) –The code prohibits changing message board signs. The School requested a double-faced, electric,
changing message board sign.
Denied (*)
8
(*) above outcomes per Director’s Decision

Rainier Beach High School to open 2025, Master Use Permit in process
No information on departure request yet

Van Asselt Addition to open 2023, Master Use Permit in process

No information on departure request yet

Viewlands Replacement to open 2023, Master Use Permit in process

No information on departure request yet

Webster School Modernization & Addition MUP 3025876, to open 2020, MUP issued 2018

Departure # 1. To allow greater than allowed lot coverage (SMC 23.51b.002 C.2.a)
Granted (*)

Departure # 2. To allow greater than allowed building height (SMC 23.51B.002.D.1.c)

Granted with conditions (*)

Departure # 3. To allow less than required setback (23.51B.002 E.1.c)

Granted with conditions (*)

Departure # 4. To allow off-site bus loading and unloading (SMC 23.51B.002.I.4)

Granted with conditions (*)

Departure # 5. To allow less than required off-street parking (92 fewer parking stalls) (SMC 23.51B.002
G)
Granted (*)
9
(*) above outcomes per Director’s Decision

West Seattle Elementary Addition to open 2022, Master Use Permit in process
No information on departure request yet

West Woodland Elementary Addition to open 2022, Master Use Permit in process
No information on departure request yet

8
SDCI’s Director’s Decision for the Master Use Permit, April 27, 2017, pp. 5-11, retrieved at
http://web6.seattle.gov/dpd/edms/GetDocument.aspx?id=3320730
9
SDCI’s Director’s Decision for the Master Use Permit, July 30, 2018, pp. 4-14 retrieved at
http://web6.seattle.gov/dpd/edms/GetDocument.aspx?id=3931446
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D. RECOMMENDATIONS
A change any aspect of the Seattle Municipal Code, including its zoning code, must be enacted by City Council
and the Mayor. The time and effort, and the implications of a change, vary substantially with the complexity of
the change.

The Departure Process is partly affected by the way the Seattle Municipal Code is structured regarding schools.
Changing the fundamental structure of the code can be very difficult and politically fraught. (Witness the years
long complex political and legal battle over the MHA.)

And the Departure Process is partly affected by a few details in the code. These details are much easier to
change.

There are a few specific departures that frequently reoccur and that are usually granted. Of note are:
1. To allow less parking than code requires
2. To allow greater height than code allows
3. To allow bus load/unload off site
4. To allow greater lot coverage than allowed
5. To allow changing image sign
6. To allow less setbacks than required

Changes to the code are both technical and political matters.

My recommendation would be to form a working group composed of people from Seattle Public Schools (SPS),
Seattle Department of Construction & Inspections (SDCI), Department of Neighborhoods (DON), the design
community, charged with reviewing the school departure process and recommending ways to expedite it.

Attention should be paid both to the process itself and to small changes in the code that can be relatively easily
accomplished. Special priority should be given give to addressing the most common departures. And a deadline
should be set for delivery of the work product to the Directors of the relevant city departments.

An example of a detail that could be considered to change: Parking

Parking requirements are established by SMC 23.54.015, and in particular, by its Table A, relevant sections
copied below. 10

One of the major determinates of required parking for schools is the sports facility or large assembly hall. I
believe these are regulated by the table’s items B3 and B3b. Each could be split between the relevant facilities
for schools and all other facilities. This would be consistent with the city’s relaxation of many parking
requirements. (Incidentally, for any school in certain urban centers, Station Area Overly Districts, and a few
other areas Table A’s items J, K, & L seem to me to suggest that there would be no minimum parking required.

10
SMC 23.54.015 accessed at https://library.municode.com/wa/seattle/codes/municipal_code?
nodeId=TIT23LAUSCO_SUBTITLE_IIILAUSRE_CH23.54QUDESTACOREPASOWAST_23.54.015REPAMAPALI
Page 8 of 9
 Table A for 23.54.015
Required Parking for Non-residential Uses Other Than Institutions

Use Minimum parking required

I. General Non-residential Uses (other than institutions)

B.3. Entertainment Uses, general, except as noted For public assembly areas: 1 space for
below 2 each 8 fixed seats, or 1 space for each
100 square feet of public assembly area
not containing fixed seats

B.3.a Adult cabarets 1 space for each 250 square feet

B.3.b Sports and recreation uses 1 space for each 500 square feet

I. UTILITIES 1 space for each 2,000 square feet

II. Non-residential Use Requirements for Specific Areas

J. Non-residential uses in urban centers or the Station Area No minimum requirement

Overlay District 4

K. Non-residential uses in urban villages that are not within No minimum requirement
an urban center or the Station Area Overlay District, if the
non-residential use is located within a frequent transit
service area. 4

L. Non-residential uses permitted in MR and HR zones No minimum requirement

pursuant to Section 23.45.504.

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