Design Review Exemptions

What Is It?

Design Review is a public process that shapes the design of many of the new multifamily and commercial buildings in Seattle. Seattle’s Land Use Code (SMC 23.41.004.B) exempts some types of development from the Design Review process due to the small scale of the development or to streamline projects subject to other public processes, such as the Seattle Design Commission or Landmarks Preservation Board processes. Low-income housing projects are also exempt from Design Review to help increase Seattle’s available low-income housing. Those low-income projects that are exempt from Design Review may also request temporary flexibility from design standards where deviation from standard code requirements would result in additional housing units. This temporary flexibility is in place until August 13, 2025.

City Council recently passed the following temporary exemptions from Design Review: 

1. Until August 13, 2025, projects building on-site affordable units as part of a Mandatory Housing Affordability Residential contribution are exempt from Design Review.
2. Until November 2, 2027, as part of the Downtown Activation Plan, projects that include any research and development laboratory uses or that are developing at least half of the project with residential or lodging uses are exempt from Design Review if they are located in:

• • The Downtown, Uptown, South Lake Union, and First Hill Urban Centers
  • A subarea adjacent to the Uptown Urban Center
  • A portion of the Greater Duwamish Manufacturing and Industrial Center

These projects may also qualify for waivers or modifications to certain development standards that would have been allowed as departures as part of the Design Review process. The City requires public notice for these projects, however there is not an administrative appeal process for projects that do not have another related land use decision (e.g. environmental review, variance, conditional use, or special exception). SDCI will document any comments submitted on these projects in the permit’s online records and compile them into a report for the City Council.

How Much Does It Cost?

You need to pay fees associated with a Letter of Eligibility to determine your project’s eligibility for Design Review exemption as part of the temporary provision described in number 2 above. Fees for the associated permits will also apply to your project. See the Fee Subtitle for more information on the cost to permit your project.

• Fee Subtitle

How Long Does It Take?

Each permit type varies in the time it takes to process and review your project. Typically, small scale development will be reviewed faster than more complex commercial or large-scale residential projects.

Steps to Get an Exemption

Most exemptions to Design Review do not have a separate application process. You simply apply directly for your construction permit, unless additional land use decisions are required for your project (such as a variance or special exception). 

The Design Review exemptions for low-income housing development, for projects developing on-site affordable units as part of the Mandatory Housing Affordability – Residential program, and as part of the Downtown Activation Plan require additional steps before applying for a permit. Follow the instructions below to determine your project’s eligibility for these Design Review exemptions.

Design Review Exemption for Low-Income Housing

1. Submit your documentation. Send your supporting documentation to the Office of Housing and SDCI.
   1. Email the Office of Housing’s Laura Hewitt Walker your Low-Income Housing (LIH) Checklist. The LIH Checklist must include how your project meets the definition of Low-Income Housing in SMC 23.84A.016 “H”.
   2. Email SDCI’s Emily Lofstedt your Statement of Intent for Design Review Exemption to retroactively apply the exemption if your project was under review before Ordinance 126855 became effective on August 13, 2023.
2. Apply for your permit. Sumit your complete building permit application to SDCI to review your low-income housing development. Clearly identify in the plan set if you are requesting any temporary Type I departures to development standards listed in SMC 23.41.004.E.2.a or waivers and modifications from development standards found in SMC 23.42.057. 
3. Request additional information. Review the City of Seattle’s Priority Permit Handling for Publicly Funded Low-Income Housing handout. If you have questions about the applications or Design Review exemption process, please connect with us through our virtual Applicant Services Center. 

Temporary Design Review Exemption – Mandatory Housing Affordability-Residential (Performance Option)

The temporary provision for MHA-R performance projects can be found in SMC 23.41.004.E.1.  The City may grant temporary Type I departures for these projects if they result in building additional housing units.

1. Submit your documentation. Email SDCI’s Emily Lofstedt your Statement of Intent for Design Review Exemption to exempt your project from Design Review or to retroactively apply the exemption from Design Review if your project was under review before Ordinance 126854 became effective on August 13, 2023. The following information must be included in your Statement of Intent to exempt from Design Review:
   1. The election of MHA-R performance units
   2. Any existing SDCI records for vesting determination
2. Apply for your permit. You must submit your complete building permit application to SDCI before this exemption expires on August 13, 2025. Clearly identify in the plan set if you are requesting any Type I Departures to development standards listed in SMC 23.41.004.E.1.d.
3. Request additional information. If you have questions about the applications or Design Review exemption process, please connect with us through our virtual Applicant Services Center.

Temporary Design Review exemption – Downtown Activation Plan

The temporary provisions can be found in SMC 23.41.004.E.3 or in Ordinance 127100.

1. Determine your eligibility. You must get a determination that your project is eligible for a Design Review exemption before submitting a permit application to SDCI. Apply for a Development Potential Letter (Land Use Analysis Request) to receive your eligibility determination. You must include a completed statement of financial responsibility form and a detailed description of how your project meets the eligibility requirements in SMC 23.41.004.E.3.a as part of your application. Your description should be uploaded to your application as a “Request for Land Use Analysis Letter.”
   
   You must include the following information in your Development Potential Letter Request:

1. 1. A description of the proposed uses and percentages of chargeable floor area to determine eligibility. You may be required to provide concept diagrams so SDCI can determine chargeable floor area. You can upload concept diagrams as Floor Plans.
   2. The project’s property address to confirm the location is within the applicable areas of Downtown, Uptown, South Lake Union, First Hill, or the Greater Duwamish Manufacturing and Industrial Center.
   3. A detailed description of the proposal to confirm the project doesn’t require any Type IV or Type V decisions.
   4. A statement that you understand you must submit a complete permit application within 90 days of your request to determine eligibility to maintain the Design Review exemption.

You cannot combine this determination letter with other analysis requests. If you have additional questions about your project, you may consider requesting a paid zoning coaching appointment to meet with a planner to discuss compliance with land use standards, a pre-submittal conference to meet with SDCI and other partner departments to discuss your project, or a detailed land use analysis letter for a written analysis and response to your questions.

2. Apply for your permit. You must submit a complete permit application within 90 days of filing the Development Potential Letter - Land Use Analysis Request. If there are related land use decisions needed to complete your project, you must submit a Master Use Permit application. If your project does not need additional land use decisions beyond standard compliance with development standards, you can submit a complete building permit application or apply for a Type I Master Use Permit. Clearly identify in the plan set if you are requesting any modification or waiver to development standards listed in SMC 23.41.004.E.3.b.
3. Request additional information. If you have questions about the applications or Design Review exemption process, please connect with us at our virtual Applicant Services Center
4. Provide public notice. All projects require public notice regardless of permit type.  Interested parties may submit comments for projects under this temporary Design Review exemption. SDCI will post these comments in their entirety to the permit’s online records.  SDCI will also compile them into a report to City Council as part of the reporting requirements for this legislation. There is not an administrative appeal process for building permits or Master Use Permits that do not contain land use decisions beyond compliance with development standards.