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HomeMy WebLinkAboutReg 2007-07-16 Item 4A - Public Hearing - Ordinance Raising Threshold for SEPA Review to 12,000 Square Feet and 40 Parking Stalls r COUNCIL AGENDA SYNOPSIS 44, �qs Initialr ITEM NO. is* 0 Meetinx Date Prepared b,y Q 1 Mayor's review 1 Council review Q �I Usk Vl 05/14/07 07/09/07 1 JP 1 q' 1 1938 07/16/07 JP Atk,1 1 5 Gt C ITE M INFQRMATION ICAS NUMBER: 07-056 I ORIGINAL, AGENDA DATE: MAY 14, 2007 AGENDA ITEM TITLE SEPA Code Amendment CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 7/9/07 Mtg Date Mtg Date Mtg Date 07/16/07 Mtg Date Mtg Date 07/16/07 Mtg Date SPONSOR Council Ma Adm Svcs DCD Finance Fire El Legal El P&R Police El PTV SPONSOR'S The proposal is to raise certain SEPA (State Environmental Policy Act) review thresholds SUMMARY and streamline the review process by combining comment periods. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. El Parks Comm. Planning Comm. DA'L'E: 4- 10 -07, 6 -26 -07 (CAP), 5 -14 -07 (COW), 5 -24 -07 (PC) RECOMMENDATIONS: SPONSOR /ADMIN. Forward PC Recommendation to COW CON iIITLE Approve PC Recommendation; Forward to COW C©ST=IMPI:VcrTFUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED S0 $0 $0 Fund Source: N/A Comments: g-MTG. DATE- RECORD OF COUNCIL- ACTION I 5 -14 -07 J Forward to Planning Commission for a recommendation 7 -9 -07 Forward to next Regular Meeting 7VITG: DATA ATTACHMENTS 5 -14 -07 Information Memo dated 5/9/07 Minutes from the Community Affairs and Parks Committee meeting of 4/10/07 7 -9 -07 Information Memo dated 6/28/07 Minutes from the Community Affairs and Parks Committee meeting of 6/26/07 7 -16 -07 Ordinance in final form Y jtr 14YYYY =9iS, y S C ity of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 1331 AND 1344, AS CODIFIbD AT TUKWILA MUNICIPAL CODE CHAPTER 21.04, RAISING CERTAIN THRESHOLD REQUIREMENTS THAT INITIATE SEPA ENVIRONMENTAL REVIEW, ADOPTING THE OPTIONAL DiThRMINATION OF NON SIGNIFICANCE (DNS) PROCESS UNDER WAC 197 -11 -355; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, jurisdictions have flexibility in setting the thresholds that trigger SEPA review up to the maximum level allowed by the State; and WHEREAS, raising the flexible thresholds for new construction would streamline permit review for smaller projects; and WHEREAS, very few development proposals require a full environmental impact statement to analyze impacts and develop mitigation measures; and WHEREAS, adopting the optional DNS process allows for a more efficient review process; and WHEREAS, on May 24, 2007, the City of Tukwila Planning Commission held a public hearing on the proposed amendments, and has recommended the adoption of certain environmental regulation changes; and WHEREAS, the City Council held a public hearing on the proposed amendments July 16, 2007, after proper notice; and WHEREAS, after having received and studied staff analysis, the City Council believes that certain amendments to the City's development regulations are desirable; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance No. 1331 §10, as codified at TMC 21.04.080, is hereby amended to read as follows: 21.04.080 Categorical exemptions and threshold determinations Adoption by reference The City adopts the following sections of WAC Chapter 197 -11, as now existing or as may be amended hereafter, by reference as supplemented in this chapter: 197 -11 -300 Purpose of this part 197 -11 -305 Categorical exemptions 197 -11 -310 Threshold determination required 197 -11 -315 Environmental check list 197 -11 -330 Threshold determination process C:\Documents and SetingWl UsarADasktopAKelly1MSDATA Review.doc NG:ksn 7/1212007 Page 1 of 2 197 -11 -335 Additional information 197 -11 -340 Determination of Non Significance (DNS) 197 -11 -350 Mitigated DNS 197 -11 -355 Optional DNS process 197 -11 -360 Determination of Significance (DS) /initiation of scoping 197 -11 -390 Effect of threshold determination Section 2. Ordinance Nos. 1331 511 and 1344 §6, as codified at TMC 21.04.110, are hereby amended to read as follows: 21.04.110 Categorical exemptions- Flexible thresholds A. The City establishes the following exempt levels for minor new construction based on local conditions: 1. For residential dwelling units in WAC 197 -11 -800 (1)(b)(i) up to nine dwelling units. 2. For agricultural structures in WAC 197 11-800 (1)(b)(ii) up to 10,000 square feet. 3. For office, school, commercial, recreational, service or storage buildings in WAC 197 11-800 (1)(b)(iii), up to 12,000 square feet, and up to 40 parking spaces. 4. For parking lots in WAC 197 -11- 800 (1)(b)(iv), up to 40 parking spaces. 5. For landfills and excavations in WAC 197 11-800 (1)(b)(v), up to 500 cubic yards. B. The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, headquarters office, Olympia, Washington. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST/ AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attomey Ordinance Number: C:\Documents and SeaingslrW Uurs\ Desktop \Kelly\.MSDATA \Ordinances\SEPA Review.doc NGksn 7/12/2007 Page 2 of 2