HomeMy WebLinkAboutOrd 2271 - Shoreline Master Program - Regulations Codified at TMC Chapter 18.44 "Shoreline Overlay" (Repealed by Ord 2346)City of Tukwila
Washington
Cover page to Ordinance 2271
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE ciTy or 'rUKWILA,
WASHINGTON, UPDATING REQUIREMENTS FOR SHORELINE
REGULATIONS TO INCORPORATE NEW STA11 REQUIREMENTS,
REPEALING ORDINANCE NOS. 1796 §3 (PART), 1775 §2, AND 1758 §1 (PAWI'), AS
COOMED AT TUMILA MUNICIPAL CODE CHAVI 18.44, SHORELINE
OVERLAY PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFI-CTIVE DATE.
Ordinance 2271 was amended or repealed by the
following ordinances.
I AMENDED BY: REPEALED BY:
2346
City of Tukwila
Washington
Ordinance No. 2271
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, UPDATING REQUIREMENTS FOR SHORELINE
REGULATIONS TO INCORPORATE NEW STATE REQUIREMENTS;
REPEALING ORDINANCE NOS. 1796 §3 (PART), 1775 §2, AND 1758 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.44, "SHORELINE
OVERLAY PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the goals
and policies of the Growth Management Act of 1990 and the King County County -wide
Planning Policies; and
WHEREAS, the Green /Duwamish River, a shoreline of the State, regulated under RCW
90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, due to the presence of the Green River in the City, the 1995 Comprehensive
Plan included policies addressing shorelines; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that shorelines of
the State are among the most valuable and fragile of its natural resources and unrestricted
construction on privately -owned and publicly -owned shorelines of the State is not in the best
public interest; and
WHEREAS, in RCW 90.58.020, the Legislature directed local governments developing
Shoreline Master Programs for shorelines of State -wide significance to give preference to uses
in order of preference, which: 1) recognize and protect State -wide interests over local interests;
2) preserve the natural character of the shoreline; 3) result in long -term over short -term benefit;
4) protect the resources and ecology of the shoreline; 5) increase public access to publicly
owned areas of the shoreline; 6) increase recreational opportunities for the public in the
shoreline; and 7) provide for any other element, as defined in RCW 90.58.100, deemed
appropriate or necessary; and
WHEREAS, Puget Sound Chinook Salmon and Bull Trout have been listed as "threatened"
under the Federal Endangered Species Act, and the Green Duwamish River throughout
Tukwila is a critical resource for these species, making shoreline habitat protection and
restoration crucial, particularly in the Transition Zone portion of the river that extends from the
East Marginal Way South bridge through the north City limits; and
WHEREAS, in 2003 the Washington State Department of Ecology (DOE), adopted new
rules, pursuant to RCW 90.58.200, to carry out provisions of the Shoreline Management Act;
and
WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules provide
direction to local jurisdictions concerning the regulation of uses on shorelines of the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their shoreline
master programs consistent with the required elements of the guidelines adopted by DOE, in
accordance with a schedule established in that section; and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) requires the City of Tukwila
to amend its Shoreline Master Program by December 1, 2009; and
WHEREAS, the City began an update of its Shoreline Master Program in 1998, established
a Citizens Advisory Panel for initial policy and regulation guidance, prepared background
studies and used consultant services to prepare technical documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master Program
in 2008; and
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WHEREAS, an environmental checklist was prepared for the staff draft Shoreline Master
Program update, accompanied by a draft "Cumulative Impacts Analysis," an "Inventory and
Characterization Report" and draft "Restoration Plan," and a Determination of Non
Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master Program,
held a public hearing on August 27, 2008, continued the hearing to October 9, 2008 to allow
additional public input, and recommended adoption of a revised Shoreline Master Program to
the City Council in February 2009; and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the hearing
to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to review the
Planning Commission Recommended Draft Shoreline Master Program; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program to
address issues raised by interested parties, individual Councilmembers and the Department of
Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program, a variety of
methods were used to notify the general public and property owners along the shoreline of the
proposed Shoreline Master Program update, including: mailings to property owners and
tenants; notice boards along the Green River Trail; postings on the City's web site; creation of a
broadcast email group who received updates of the shoreline review process; and articles in the
City's newsletter; and
WHEREAS, revisions to the City's shoreline regulations, codified in Tukwila Municipal
Code Chapter 18.44, are required to implement the updated Shoreline Master Program; and
WHEREAS, new and revised Zoning Code definitions, codifed in Chapter 18.06 of the
Tukwila Municipal Code, are required to implement the changes to TMC Chapter 18.4 TMC
and the updated Shoreline Master Program; and
WHEREAS, notice has been provided to the Washington State Department of Commerce
pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Purpose and Definition Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
18.44.010 Purpose and Definition
The purpose of this chapter is to implement the Shoreline Management Act (SMA) of 1971,
as amended (referred to in the chapter as "Shoreline Act" (SMA)) and the rules and regulations
hereunder (referred to in this chapter as "shoreline regulations as codified in the Washington
Administrative Code; and to provide for the regulation of development that affects those areas
of the City under the jurisdiction of the Shoreline Act.
Section 2. Shoreline Environment Designations Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
18.44.020 Shoreline Environment Designations
All shoreline within the City is designated "urban" and further identified as follows:
1. Shoreline Residential Environment. All lands zoned for residential use as measured
200 feet landward from the Ordinary High Water Mark (OHWM);
2. Urban Conservancy Environment. All lands not zoned for residential use upstream
from the Turning Basin as measured 200 feet landward from the OHWM; and
3. High Intensity Environment. All lands downstream from the Turning Basin as
measured 200 feet landward from the OHWM.
Section 3. Principally Permitted Uses Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
18.44.030 Principally Permitted Uses
A. This section specifies the uses that are permitted outright, permitted as a Conditional
Use or prohibited altogether for each Shoreline Environment. Also included are special
conditions and general requirements controlling specific uses. These regulations are intended
to implement the purpose of each Shoreline Environment designation.
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B. General Use Regulations. All shoreline uses shall meet the requirements listed below.
1. The first priority for City -owned property within the Shoreline Jurisdiction shall be
reserved for water dependent uses including, but not limited to, habitat restoration, followed
by water enjoyment uses, public access, passive recreation, passive open space uses, or public
educational purposes.
2. No hazardous waste handling, processing or storage is allowed within the SMA
shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline
environment and adequate controls are in place to prevent any releases to the shoreline /river.
3. Overwater structures shall not cause a net loss of ecological function, interfere with
navigation or flood management, or present potential hazards to downstream properties or
facilities. They shall comply with the standards in the Overwater Structures Section of TMC
Section 18.44.070(K).
4. Parking as a primary use is not permitted, except for existing Park and -Ride lots,
where adequate stormwater collection and treatment is in place to protect water quality.
Parking is permitted only as an accessory to a permitted or conditional use in the Shoreline
Jurisdiction.
5. All development, activities or uses unless an approved over water, flood
management structure, or shoreline restoration project shall be prohibited waterward of the
OHWM.
Section 4. Shoreline Residential Environment Uses Adopted. Updated requirements
for shoreline regulations are hereby adopted to read as follows:
TMC 18.44.040 Shoreline Residential Environment Uses
A. Shoreline Residential Buffer Delineated Uses. The Shoreline Residential River
Buffer shall consist of the area needed to achieve a 2.5:1 slope of the river bank, measured from
the toe of the bank to the top of the bank, plus 20 linear feet measured from the top of the bank
landward; provided, that in no case shall the Shoreline Residential Buffer be less than 50 feet
landward of the OHWM.
1. Permitted Uses. No uses or structures are permitted in the Shoreline Residential
Buffer except for the following:
a. Shoreline restoration projects;
b. Over -water structures subject to the standards in the Over -water Structures
Section associated with water dependent uses, public access, recreation, flood control or
channel management. Private, single residence piers for the sole use of the property owner
shall not be considered an outright use on the shoreline. A dock may be allowed when the
applicant has demonstrated a need for moorage and that the following alternatives have been
investigated and are not available or feasible:
1) commercial or marina moorage;
2) floating moorage buoys;
3) joint use moorage pier /dock.
c. Public parks, recreation and open space;
d. Public pedestrian bridges;
e. Public and/ or private promenades, footpaths or trails;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height or 25 square feet in area or block views
to the shoreline from adjacent properties;
g. Signs conforming to the Sign Code;
h. Construction, maintenance or re- development of levees for flood control
purposes, provided that any new or redeveloped levee shall meet the applicable levee
requirements of this chapter;
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Fire lanes when co- located with levee maintenance roads;
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1. New shoreline stabilization utilizing the development standards in TMC Section
18.44.070(F).
m. Water dependent uses and their structures, as long as there is no net loss of
shoreline ecological function;
n. Fences, provided the maximum height of a fence along the shoreline is four feet
and the fence does not extend waterward beyond the top of the bank. Chain -link fences must
be vinyl coated.
o. Existing essential streets, roads and rights -of -way may be maintained or
improved;
P.
q.
Outdoor storage, only in conjunction with a water dependent use;
Essential public facilities, both above and below ground;
r. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments; and
s. Patios or decks not exceeding 18 inches in height, limited to a maximum 200
square feet and 50% of the width of the river frontage. Decks or patios must be located
landward of the top of the bank and be constructed to be pervious and of environmentally
friendly materials.
t. Support facilities for above or below ground utilities or pollution control, such as
runoff ponds, filter systems, detention ponds and outfall facilities, provided they are located at
or below grade and as far from the OHWM as technically feasible.
2. Conditional Uses. Only the following may be allowed as a Conditional Use in the
shoreline residential river buffer subject to the requirements, procedures and conditions
established by TMC Chapter 18.64 and shall be reviewed through a Shoreline Conditional Use
Permit:
a. Dredging activities when in compliance with all federal and state regulations,
when necessary for navigation or remediation of contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for assuring
safe and efficient accommodation of existing navigational uses and then only when significant
ecological impacts are minimized and when mitigation is provided. Maintenance dredging of
established navigation channels and basins is restricted to maintaining previously dredged
and /or existing authorized location, depth and width. Dredging of bottom materials for the
purpose of obtaining fill material is prohibited.
c. New private vehicle bridges.
B. Shoreline Residential Environment Outside of Buffer Permitted Uses. The following
uses are permitted within the Shoreline Residential Environment outside of the Shoreline
Residential River Buffer. Uses shall meet the purposes and criteria of the Shoreline Residential
Development Zone as established in the Shoreline Environment Designation section.
1. Permitted Uses. The Shoreline Residential Environment shall contain residential,
recreational and limited commercial uses and accessory uses as allowed in the underlying
zoning district. In addition, the Shoreline Residential Environment shall allow the following
uses:
a. All uses permitted in the Shoreline Residential River Buffer;
b. For non residential uses, parking /loading and storage facilities located to the
most upland portion of the property and adequately screened and /or landscaped in accordance
with the Vegetation Protection and Landscaping section;
c. Railroad tracks; and
d. Public or private roads.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying zone may be
allowed subject to the requirements, procedures and conditions established by TMC Chapter
18.64. A Shoreline Conditional Use Permit is required.
Section 5. Urban Conservancy Environment Uses Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
TMC 18.44.050 Urban Conservancy Environment Uses
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A. Urban Conservancy Environment Buffer Delineated. The Urban Conservancy
Environment Buffer shall consist of that area measured 100 feet landward of the OHWM for
non leveed portions of the river, and that area measured 125 feet landward from the OHWM
for leveed portions of the river.
B. Urban Conservancy Environment Buffer Uses.
1. Permitted Uses. The following uses are permitted in the Urban Conservancy River
Buffer:
a. Shoreline restoration projects;
b. Over -water structures subject to the standards established in the Over -water
Structures Section, TMC Section 18.44.070(K), that are associated with water dependent uses,
public access, recreation, flood control, channel management or ecological restoration;
c. Public parks, recreation and open space;
d. Public and /or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height and 25 square feet in area and views of
the shoreline are not blocked from adjacent properties;
g. Signs conforming to the Sign Code;
h. Construction, maintenance or re- development of levees for flood control
purposes, provided that any new or re- developed levee shall meet the applicable levee
requirements of this chapter;
i. New vehicle bridges: permitted only if connecting public rights -of -way; existing
public or private vehicle bridges may be maintained or replaced.
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the height of the
levee, are permitted for the purpose of providing and enhancing pedestrian access along the
river and for landscaping purposes;
m. New shoreline stabilization utilizing the development standards in the Shoreline
Stabilization Section, TMC Section 18.44.070(F);
n. Existing essential streets, roads and rights -of -way may be maintained or
improved;
o. Water dependent commercial and industrial development, if permitted by the
underlying zoning district;
p. Support facilities for above or below ground utilities or pollution control, such as
runoff ponds, filter systems, detention ponds and outfall facilities, provided they are located at
or below grade and as far from the OHWM as technically feasible;
q. Outdoor storage, only in conjunction with a water- dependent use;
r. Essential public facilities, both above and below ground;
s. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments.
t. Regional detention facilities that meet the City's Insfrastructure Design and
Construction Standards along with their supporting elements such as ponds, piping, filter
systems and outfalls. Any regional detention facility located in the buffer shall be designed
such that a fence is not required, planted with native vegetation, designed to blend with the
surrounding environment, and provide design features that serve both public and private use,
such as an access road that can also serve as a trail. The facility shall be designed to locate
access roads and other impervious surfaces as far from the river as practical.
2. Conditional Uses. Only the following may be allowed as a Conditional Use in the
Shoreline Urban Conservancy Environment buffer, subject to the requirements, procedures and
conditions established by TMC Chapter 18.64 and shall be reviewed through a Shoreline
Conditional Use Permit:
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a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant ecological impacts
are minimized and when mitigation is provided.
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill material is prohibited.
Dredging activities must comply with all federal and state regulations.
c. New private vehicle bridges.
C. Urban Conservancy Environment Outside of Buffer Uses.
The following uses are permitted in the Urban Conservancy Environment, outside of
the Urban Conservancy Environment Buffer. Uses shall meet the purposes and criteria of the
Urban Conservancy Environment as established in the Shoreline Environment Designation
section.
1. Permitted Uses. All uses permitted in the Urban Conservancy Environment Buffer
and /or the underlying zoning district may be allowed.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying zone may be
allowed subject to the requirements, procedures and conditions established by TMC Chapter
18.64. A Shoreline Conditional Use Permit shall be required.
D. Urban Conservancy Buffer Width Reduction
The Director may reduce the Urban Conservancy Environment Buffer as follows:
1. For property located within the 100 -foot buffer in non -levee portions of the river, the
Urban Conservancy Environment Buffer may be reduced to that area occupied by the river
bank plus 20 feet measured landward from the top of the bank; provided however, that the
applicant must first re -slope the river bank to 2.5:1, provide a 20 -foot setback from the top of the
new slope and vegetate both the river bank and the 20 -foot setback area in accordance with the
standards in TMC 18.44.080, and provided that the Director determines that any buffer
reduction will not result in direct, indirect or long -term adverse impacts to shoreline ecosystem
functions. Further, a buffer enhancement plan, including removal of invasive plants and
plantings using a variety of native vegetation that improves the functional attributes of the
buffer and provides additional protection for the watercourse functions, must be approved by
the Director and implemented by the applicant as a condition of the reduction.
2. For property located within the 125 -foot buffer along leveed portions of the river,
the Urban Conservancy Environment Buffer may be reduced to that area occupied by levee or
river bank improvements meeting the minimum levee profile or other levee standards
provided in this chapter, plus 10 feet measured landward from the landward toe of the levee or
(if permitted by this chapter) floodwall. In the event that the owner provides the City with a
10 -foot levee maintenance easement, measured landward from the landward toe of the levee or
levee wall and prohibiting the construction of any structures and allows the City to access the
area to inspect the levee, then the buffer shall be reduced to the landward toe of the levee, or
landward edge of the levee floodwall, as the case may be.
3. If fill is placed along the back slope of a new levee, the Urban Conservancy
Environment Buffer may be reduced to the point where the ground plane intersects the back
slope of the levee; provided, that the property owner must grant the City a levee maintenance
easement measured 10 feet landward from the landward toe of the levee or levee wall, and
which easement prohibits the construction of any structures and allows the City to access the
area to inspect the levee and/ or wall and make any necessary repairs.
Section 6. High Intensity Environment Uses Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
TMC 18.44.060 High Intensity Environment Uses
A. High Intensity Environment Buffer Delineated
The High Intensity Environment Buffer shall consist of an area measured 100 feet
landward from the OHWM. The remaining area of shoreline jurisdiction is non buffer area.
B. High Intensity Environment Buffer Uses.
1. Permitted Uses. The following uses are permitted in the High Intensity River Buffer:
a. Shoreline restoration projects;
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b. Over -water structures subject to the standards established in the Over -water
Structures Section that are associated with water dependent uses, public access, recreation,
flood control, channel management or ecological restoration;
c. Public parks, recreation and open space;
d. Public and /or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height and 25 square feet in area and no
views of the shoreline are blocked from adjacent properties;
g. Signs conforming to the Sign Code;
h. Construction, maintenance or re- development of levees for flood control
purposes, provided that any new or re- developed levee shall meet the applicable levee
requirements of this chapter;
i. New vehicle bridges: permitted only if connecting public rights -of -way; existing
public or private vehicle bridges may be maintained or replaced;
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the height of the
levee, are permitted for the purpose of providing and enhancing pedestrian access along the
river and for landscaping purposes;
m. New shoreline stabilization utilizing the development standards in the Shoreline
Stabilization Section, TMC Section 18.44.070(F);
n. Existing essential streets, roads and rights -of -way may be maintained or
improved;
o. Water dependent commercial and industrial development, if permitted by the
underlying zoning district;
p. Support facilities for above or below ground utilities or pollution control, such as
runoff ponds, filter systems, detention ponds and outfall facilities, provided they are located at
or below grade and as far from the OHWM as technically feasible;
q. Outdoor storage, only in conjunction with a water- dependent use;
r. Essential public facilities, both above and below ground; and
s. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments.
t. Regional detention facilities that meet the City's Infrastructure Design and
Construction Standards along with their supporting elements such as ponds, piping, filter
systems and outfalls. Any regional detention facility located in the buffer shall be designed
such that a fence is not required, planted with native vegetation, designed to blend with the
surrounding environment, and provide design features that serve both public and private use,
such as an access road that can also serve as a trail. The facility shall be designed to locate
access roads and other impervious surfaces as far from the river as practical.
2. Conditional Uses. Only the following may be allowed as a Conditional Use in the
Shoreline High Intensity Environment Buffer subject to the requirements, procedures and
conditions established by TMC Chapter 18.64. A Shoreline Conditional Use Permit shall be
required.
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant ecological impacts
are minimized and when mitigation is provided.
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill material is prohibited.
Dredging activities must comply with all federal and state regulations.
c. New private vehicle bridges.
C. Shoreline Urban High Intensity Environment Uses. The Shoreline High Intensity
Environment shall consist of the remaining area within the 200 foot Shoreline Jurisdiction that
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is not within the Shoreline High Intensity Environment Buffer area. Uses shall meet the
purposes and criteria of the Shoreline Environment Designations section.
1. Permitted Uses. All uses permitted in the High Intensity Environment Buffer and /or
the underlying zoning district may be allowed.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying zone may be
allowed subject to the requirements, procedures and conditions established by TMC Chapter
18.64. A Shoreline Conditional Use Permit shall be required.
D. Shoreline High Intensity Environment Buffer Reduction.
The Director may reduce the High Intensity Environment Buffer where the applicant re-
slopes the river bank to be no steeper than 3:1 above the OHWM, provides a 20 -foot setback
from the top of the new slope, vegetates both the river bank and the 20 -foot setback area in
accordance with the standards in the Vegetation Protection and Landscaping Section, and the
Director determines that there will be no net loss of shoreline ecological functions. On
properties where the bank slope currently is no steeper than 3:1 or where the property owner
has already re- sloped the river bank, provided a 20 -foot setback and vegetated the bank and
setback as provided in this chapter, the buffer width will be the distance measured from the
OHWM to the top of the bank, plus 20 feet.
Section 7. Development Standards Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.070 Development Standards
A. Applicability. The development standards of this chapter apply to work that meets the
definition of substantial development except for vegetation removal per TMC Section 18.44.080,
which applies to all shoreline development. The term "substantial development" applies to
non conforming, new or re- development. Non conforming uses, structures, parking lots and
landscape areas will be governed by the standards in TMC Section 18.44.130E, "Non-
conforming Development."
B. Shoreline Residential Development Standards. A shoreline substantial development
permit is not required for construction within the Shoreline Residential Environment by an
owner, lessee or contract purchaser of a single family residence for his /her own use or for the
use of a family member. Such construction and all normal appurtenant structures must
otherwise conform to this Chapter. Short subdivisions and subdivisions are not exempt from
obtaining a Shoreline Substantial Development Permit.
1. Shoreline Residential Environment Standards. The following standards apply to the
Shoreline Residential Environment:
a. The development standards of the applicable underlying zoning district (Title
18, Tukwila Municipal Code) shall apply.
b. New development and uses must be sited so as to allow natural bank inclination
of 2.5:1 slope with a 20 -foot setback from the top of the bank. The Director may require a
riverbank analysis as part of any development proposal.
c. Utilities such as pumps, pipes, etc., shall be suitably screened with native
vegetation per the standards in the Vegetation Protection and Landscaping Section.
d. New shoreline stabilization, repair of existing stabilization or modifications to
the river bank must comply with the standards in the Shoreline Stabilization Section, TMC
Section 18.44.070(F).
e. Short plats of five to nine lots or formal subdivisions must be designed to
provide public access to the river in accordance with the Public Access Section, TMC Section
18.44.100. Signage is required to identify the public access point(s).
f. Parking facilities associated with single family residential development or public
recreational facilities are subject to the specific performance standards set forth in the Off Street
Parking Section, TMC Section 18.44.070(1).
g. Fences, freestanding walls or other structures normally accessory to residences
must not block views of the river from adjacent residences or extend waterward beyond the top
of the bank. Chain link fencing must be vinyl coated.
h. Recreational structures permitted in the buffer must provide buffer mitigation.
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i. The outside edge of surface transportation facilities, such as railroad tracks,
streets, or public transit shall be located no closer than 50 feet from the OHWM, except where
the surface transportation facility is bridging the river.
j. Except for bridges, approved above ground utility structures, and water
dependent uses and their structures, the maximum height for structures shall be as established
by the underlying zone.
2. Design Review. Design review is required for non residential development in the
Shoreline Residential Environment.
C. High Intensity and Urban Conservancy Environment Development Standards.
1. Standards. The following standards apply in the High Intensity and Urban
Conservancy Environment.
a. The development standards for the applicable underlying zoning district (Title
18, Tukwila Municipal Code) shall apply.
b. All new development performed by public agencies, or new multi- family,
commercial, or industrial development shall provide public access in accordance with the
standards in the Public Access Section.
c. Development or re- development of properties in areas of the shoreline armored
with revetments or other hard armoring other than levees, or with non armored river banks,
must comply with the Vegetation Protection and Landscaping Section, TMC Section 18.44.080.
d. Any new shoreline stabilization or repairs to existing stabilization must comply
with Shoreline Stabilization Section, TMC Section 18.44.070(F).
e. Over -water structures shall be allowed only for water dependent uses and the
size limited to the minimum necessary to support the structure's intended use and shall result
in no net loss to shoreline ecological function. Over -water structures must comply with the
standards in the Over -water Structures Section, TMC Section 18.44.070(K).
2. Setbacks and Site Configuration.
a. The yard setback adjacent to the river is the buffer width established for the
applicable shoreline environment.
b. A fishing pier, viewing platform or other outdoor feature that provides access to
the shoreline is not required to meet a setback from the OHWM.
3. Height Restrictions. Except for bridges, approved above ground utility structures,
and water- dependent uses and their structures, to preserve visual access to the shoreline and
avoid massing of tall buildings within the shoreline jurisdiction, the maximum height for
structures shall be as follows:
a. 15 feet where located within the River Buffer;
b. 45 feet between the outside landward edge of the River Buffer and 200 feet of the
OHWM.
Provided, no permit shall be issued for any new or expanded building or
structure of more than 35 feet above average grade level on shorelines of the State that will
obstruct the view of a substantial number of residences on areas adjoining such shorelines. The
Director may approve a 15% increase in height if the project proponent provides additional
restoration and /or enhancement of the shoreline buffer, beyond what may otherwise be
required in accordance with the standards of TMC Section 18.44.080, Vegetation Protection and
Landscaping. If the required buffer has already been restored, the project proponent may
provide a 20% wider buffer, and /or enhanced in order to obtain the 15% increase in height in
accordance with TMC Section 18.44.080, Vegetation Protection and Landscaping.
4. Lighting. In addition to the lighting standards in TMC Chapter 18.60, "Board of
Architectural Review," lighting for the site or development shall be designed and located so
that:
a. The minimum light levels in parking areas and paths between the building and
street shall be one -foot candle;
b. Lighting shall be designed to prevent light spillover and glare on adjacent
properties and on the river channel, be directed downward so as to illuminate only the
immediate area, and be shielded to eliminate direct off -site illumination;
c. The general grounds need not be lighted;
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d. The lighting is incorporated into a unified landscape and /or site plan.
D. Surface Water and Water Quality. The following standards apply to all shoreline
development.
1. New surface water systems may not discharge directly into the river or streams
tributary to the river without pre treatment to reduce pollutants and meet State water quality
standards.
2. Such pre treatment may consist of biofiltration, oil/ water separators, or other
methods approved by the City of Tukwila Public Works Department.
3. Shoreline development, uses and activities shall not cause any increase in surface
runoff, and shall have adequate provisions for stormwater detention infiltration.
4. Stormwater outfalls must be designed so as to cause no net loss of shoreline
ecological functions or adverse impacts where functions are impaired. New stormwater
outfalls or maintenance of existing outfalls must include shoreline restoration as part of the
project.
sewer.
5. Shoreline development and activities shall have adequate provisions for sanitary
6. Solid and liquid wastes and untreated effluents shall not be allowed to enter any
bodies of water or to be discharged onto shorelands.
7. The use of low impact development techniques is required, unless such techniques
conflict with other provisions of this chapter or are shown to not be feasible due to site
conditions.
E. Flood Hazard Reduction. The following standards apply to all shoreline development.
1. New flood hazard structures must incorporate appropriate vegetation restoration
and conservation actions consistent with the standards of the Vegetation Protection and
Landscaping Section.
2. New structural flood hazard reduction structures shall be allowed only when it can
be demonstrated by a riverbank analysis that:
a. They are necessary to protect existing development;
b. Non structural measures are not feasible; and
c. Impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss.
3. Levees, berms and similar flood control structures, whether new or redeveloped,
shall be designed to meet the minimum levee profile, except as provided in Section
18.44.070(E)10 below.
4. Publicly- funded structural measures to reduce flood hazards shall improve public
access or dedicate and provide public access unless public access improvements would cause
unavoidable health or safety hazards to the public, inherent and unavoidable security
problems, or significant ecological impacts that cannot be mitigated.
5. Rehabilitation or replacement of existing flood control structures such as levees,
with a primary purpose of containing the 1% annual chance flood event, shall be allowed
where it can be demonstrated by an engineering analysis that the existing structure:
a. Does not provide an appropriate level of protection for surrounding lands; or
b. Does not meet the minimum levee profile or other appropriate engineering
design standards for stability (e.g., over steepened side slopes for existing soil and /or flow
conditions); and
c. Repair of the existing structure will not cause or increase significant adverse
ecological impacts to the shoreline.
6. Rehabilitated or replaced flood hazard reduction structures shall not extend the toe
of slope any further waterward of the OHWM than the existing structure.
7. New structural flood hazard reduction measures, such as levees, berms and similar
flood control structures shall be placed landward of the floodway as determined by the best
available information.
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8. New, redeveloped or replaced structural flood hazard reduction measures shall be
placed landward of associated wetlands, and designated fish and wildlife habitat conservation
areas.
9. No commercial, industrial, office or residential development shall be located within
a floodplain without a Flood Control Zone Permit issued by the City. No development shall be
located within a floodway, except as otherwise permitted.
10. New, redeveloped or replaced flood hazard reduction structures may deviate from
the minimum levee profile only as follows. A floodwall may be substituted for all or a portion
of a levee back slope only where necessary to avoid encroachment or damage to a structure
legally constructed prior to the date of adoption of this subsection, and which structure has not
lost its nonconforming status. The floodwall shall be designed to be the minimum necessary to
provide 10 feet of clearance between the levee and the building, or the minimum necessary to
preserve access needed for building functionality while meeting all engineering safety
standards. A floodwall may also be used where necessary to prevent the levee from
encroaching upon a railroad easement recorded prior to the date of adoption of this subsection.
If a floodwall is permitted under this subsection the levee slope must be 2.5H:1V unless it is not
physically possible to achieve such a slope; in that instance, the levee slope must be as close to
2.5H:1V as physically possible.
F. Shoreline Stabilization. The provisions of this section apply to those structures or
actions intended to minimize or prevent erosion of adjacent uplands and /or failure of
riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline stabilization or
armoring involves the placement of erosion resistant materials (e.g., large rocks and boulders,
cement, pilings and /or LWD (LWD)) or the use of bioengineering techniques to reduce or
eliminate erosion of shorelines and risk to human infrastructure. This form of shoreline
stabilization is distinct from flood control structures and flood hazard reduction measures
(such as levees). The terms "shoreline stabilization," "shoreline protection" and "shoreline
armoring" are used interchangeably.
1. Shoreline protection shall not be considered an outright permitted use and shall be
permitted only when it has been demonstrated through a riverbank analysis and report that
shoreline protection is necessary for the protection of existing legally established structures and
public improvements.
2. New development and re- development shall be designed and configured on the lot
to avoid the need for new shoreline stabilization. Removal of failing shoreline stabilization
shall be incorporated into re- development design proposals wherever feasible.
3. Replacement of lawfully established, existing bulkheads or revetments are subject to
the following priority system:
a. The first priority for replacement of bulkheads or revetments shall be landward
of the existing bulkhead.
b. The second priority for replacement of existing bulkheads or revetments shall be
to replace in place (at the bulkhead's existing location).
4. When evaluating a proposal against the above priority system, at a minimum the
following criteria shall be considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads;
d. Impact to shoreline ecological functions; and
e. Impact to river hydraulics, potential changes in geomorphology, and to other
areas of the shoreline.
5. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or
revetments) must demonstrate through a documented riverbank analysis that bioengineered
shoreline protection measures or bioengineering erosion control designs will not provide
adequate upland protection of existing structures or would pose a threat or risk to adjacent
property. The study must also demonstrate that the proposed hard shoreline stabilization will
not adversely affect other infrastructure or adjacent shorelines.
6. Where allowed, shoreline armoring shall be designed, constructed and maintained
in a manner that does not result in a net loss of ecological function, including fish habitat, and
shall conform to the requirements of the 2004 Washington State Department of Fish and
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Wildlife (or as amended) criteria and guidelines for integrated stream bank protection
(Washington State Department of Fish and Wildlife, Washington Department of Ecology and
U.S. Fish and Wildlife Service, Olympia, Washington), U.S. Army Corps of Engineers and other
regulatory requirements. The hard shoreline stabilization must be designed and approved by
an engineer licensed in the State of Washington and qualified to design shoreline stabilization
structures.
7. Shoreline armoring shall be designed to the minimum size, height, bulk and extent
necessary to remedy the identified hazard.
8. An applicant must demonstrate the following in order to qualify for the RCW
Section 90.58.030.30(e)(iii)(ii) exemption from the requirement to obtain a Shoreline Substantial
Development Permit for a proposed single family bulkhead and to insure that the bulkhead
will be consistent with the SMP:
a. Erosion from currents or waves is imminently threatening a legally established
single family detached dwelling unit or one or more appurtenant structures; and
b. The proposed bulkhead is more consistent with the City's Master Program in
protecting the site and adjoining shorelines and non structural alternatives such as slope
drainage systems, bioengineering or vegetative growth stabilization are not feasible or will not
adequately protect a legally established residence or appurtenant structure; and
c. The proposed bulkhead is located landward of the OHWM or it connects to
adjacent, legally established bulkheads; and
d. The maximum height of the proposed bulkhead is no more than one foot above
the elevation of extreme high water on tidal waters as determined by the National Ocean
Survey published by the National Oceanic and Atmospheric Administration.
9. Bulkheads or revetments shall be constructed of suitable materials that will serve to
accomplish the desired end with maximum preservation of natural characteristics. Materials
with the potential for water quality degradation shall not be used. Design and construction
methods shall consider aesthetics and habitat protection. Automobile bodies, tires or other
junk or waste material that may release undesirable chemicals or other material shall not be
used for shoreline protection.
10. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and wildlife or on the
property of others caused by his /her construction and shall propose and implement solutions
approved by the City to minimize such effects.
11. When shoreline stabilization is required at a public access site, provision for safe
access to the water shall be incorporated in the design whenever possible.
12. Placement of bank protection material shall occur from the top of the bank and shall
be supervised by the property owner or contractor to ensure material is not dumped directly
onto the bank face.
13. Bank protection material shall be clean and shall be of a sufficient size to prevent its
being washed away by high water flows.
14. When riprap is washed out and presents a hazard to the safety of recreational users
of the river, it shall be removed by the owner of such material.
15. Bank protection associated with bridge construction and maintenance may be
permitted subject to the provisions of this chapter and shall conform to provisions of the State
Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations.
G. Archaeological, Cultural and Historical Resources. In addition to the requirements of
TMC Section 18.50.110, Archaeological /Paleontological Information Preservation
Requirements, the following regulations apply:
1. All land use permits for projects within the shoreline jurisdiction shall be
coordinated with affected tribes.
2. If the City determines that a site has significant archaeological, natural scientific or
historical value, a substantial development that would pose a threat to the resources of the site,
shall not be approved.
3. Permits issued in areas documented to contain archaeological resources require a
site inspection or evaluation by a professional archaeologist in coordination with affected
Indian tribes. The City may require that development be postponed in such areas to allow
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investigation of public acquisition potential, retrieval and preservation of significant artifacts
and or development of a mitigation plan. Areas of known or suspected archaeological
middens shall not be disturbed and shall be fenced and identified during construction projects
on the site.
4. Developers and property owners shall immediately stop work and notify the City of
Tukwila, the Washington Department of Archaeology and Historic Preservation and affected
Indian tribes if archaeological resources are uncovered during excavation.
5. In the event unforeseen factors constituting an emergency, as defined in RCW
90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified above, the
project may be exempted from any shoreline permit requirements. The City shall notify the
Washington State Department of Ecology, the State Attorney General's Office and the State
Department of Archaeology and Historic Preservation Office of such an exemption in a timely
manner.
6. Archaeological excavations may be permitted subject to the provision of this
chapter.
7. On sites where historical or archaeological resources have been identified and will
be preserved in situ, public access to such areas shall be designed and managed so as to give
maximum protection to the resource and surrounding environment.
8. Interpretive signs of historical and archaeological features shall be provided subject
to the requirements of the Public Access Section when such signage does not compromise the
protection of these features from tampering, damage and or destruction.
H. Environmental Impact Mitigation.
1. All shoreline development and uses shall occur in a manner that results in no net
loss of shoreline ecological functions through the careful location and design of all allowed
development and uses. In cases where impacts to shoreline ecological functions from allowed
development and uses are unavoidable, those impacts shall be mitigated according to the
provisions of this section; in that event, the "no net loss" standard is met.
2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter
43.21C RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses
or developments shall be conducted consistent with the rules implementing SEPA (TMC
Chapter 21.04 and WAC 197 -11).
3. Where required, mitigation measures shall be applied in the following sequence of
steps listed in order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of an
action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations;
e. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
f. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
4. In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority measures are
determined by the City to be infeasible or inapplicable.
5. When mitigation measures are appropriate pursuant to the priority of mitigation
sequencing above, preferential consideration shall be given to measures that replace the
impacted functions directly and in the immediate vicinity of the impact. However, if mitigation
in the immediate vicinity is not scientifically feasible due to problems with hydrology, soils,
waves or other factors, then off -site mitigation within the Shoreline Jurisdiction may be allowed
if consistent with the Shoreline Restoration Plan. Mitigation for projects in the Transition Zone
must take place in the Transition Zone. In the event a site is not available in the Transition Zone
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to carry out required mitigation, the project proponent may contribute funds equivalent to the
value of the required mitigation to an existing or future restoration project identified in the CIP
to be carried out by a public agency in the Transition Zone.
I. Off Street Parking and Loading Requirements. In addition to the parking
requirements in TMC Chapter 18.56, the following requirements apply to all development in
the Shoreline Jurisdiction.
1. Any parking, loading, or storage facilities located between the river and any
building must incorporate additional landscaping in accordance with the Vegetation Protection
and Landscaping Section, or berming or other site planning or design techniques to reduce
visual and /or environmental impacts from the parking areas utilizing the following screening
techniques:
a. A solid evergreen screen of trees and shrubs a minimum of six feet high; or
b. Decorative fence a maximum of six feet high with landscaping. Chain link fence,
where allowed, shall be vinyl coated and landscaped with native trailing vine or an approved
non -native vine other than ivy, except where a security or safety hazard may exist; or
c. Earth berms at a minimum of four feet high, planted with native plants in
accordance with the Vegetation Protection and Landscaping Section.
2. Where a parking area is located in the Shoreline Jurisdiction and adjacent to a public
access feature, the parking area shall be screened by a vegetative screen or a built structure that
runs the entire length of the parking area adjacent to the amenity. The landscape screening
shall comply with the Vegetation Protection and Landscaping Section.
3. Where public access to or along the shoreline exists or is proposed, parking areas
shall provide pedestrian access from the parking area to the shoreline.
4. Parking facilities, loading areas and paved areas shall incorporate low impact
development techniques wherever feasible, adequate stormwater retention areas, oil /water
separators and biofiltration swales or other treatment techniques and shall comply with the
standards and practices formally adopted by the City of Tukwila Public Works Department.
J. Land Altering Activities. All land altering activities in the Shoreline Jurisdiction shall
be in conjunction with an underlying land development permit, except for shoreline restoration
projects. All activities shall meet the following standards:
1. Clearing, Grading and Landfill.
a. Land altering shall be permitted only where it meets the following criteria:
1) The work is the minimum necessary to accomplish an allowed shoreline use;
2) Impacts to the natural environment are minimized and mitigated;
3) Water quality, river flows and /or fish habitat are not adversely affected;
4) Public access and river navigation are not diminished;
5) The project complies with all federal and state requirements;
6) The project complies with the vegetation protection criteria of the Vegetation
Protection and Landscaping Section; and
7) The project will achieve no net loss of shoreline ecological functions or
processes. In cases where impacts to shoreline ecological functions from an otherwise allowed
land altering project are unavoidable, those impacts shall be mitigated according to the
provisions of this chapter. In that event, the "no net loss" standard is met; and
8) Documentation is provided to demonstrate the fill comes from a clean
source.
b. Clearing, grading and landfill activities, where allowed, shall include erosion
control mechanisms, and any reasonable restriction on equipment, methods or timing
necessary to minimize the introduction of suspended solids or leaching of contaminants into
the river, or the disturbance of wildlife or fish habitats in accordance with the standards in
TMC Chapter 16.54, "Grading."
2. Dredging.
a. Dredging activities must comply with all federal and state regulations.
Maintenance dredging of established navigation channels and basins must be restricted to
maintaining previously dredged and/or existing authorized location, depth, and width.
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b. Where allowed, dredging operations must be designed and scheduled so as to
ensure no net loss to shoreline ecological functions or processes. In cases where impacts to
shoreline ecological functions from allowed dredging are unavoidable, those impacts shall be
mitigated according to the provisions of this chapter; in that event, the "no net loss" standard is
met.
K. Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other Over -water
Structures.
1. General Requirements.
a. Prior to issuance of a Shoreline Substantial Development Permit for construction
of piers, docks, wharves or other over -water structures, the applicant shall present approvals
from State or Federal agencies, as applicable.
b. Structures must be designed by a qualified engineer and must demonstrate the
project will result in no net loss of shoreline ecological function and will be stable against the
forces of flowing water, wave action and the wakes of passing vessels.
c. In -water structures shall be designed and located to minimize shading of native
aquatic vegetation and fish passage areas. Removal of shoreline, riparian and aquatic
vegetation shall be limited to the minimum extent necessary to construct the project. All areas
disturbed by construction shall be replanted with native vegetation as part of the project.
d. New or replacement in -water structures shall be designed and located such that
natural hydraulic and geologic processes, such as erosion, wave action or floods will not
necessitate the following:
1) reinforcement of the shoreline or stream bank with new bulkheads or similar
artificial structures to protect the in -water structure; or
2) dredging.
e. No structures are allowed on top of over -water structures except for properties
located north of the Turning Basin.
f. Pilings or other associated structures in direct contact with water shall not be
treated with preservatives unless the applicant can demonstrate that no feasible alternative to
protect the materials exists and that non -wood alternatives are not economically feasible. In
that case, only compounds approved for marine use may be used and must be applied by the
manufacturer per current best management practices of the Western Wood Preservers Institute.
The applicant must present verification that the best management practices were followed. The
preservatives must also be approved by the Washington Department of Fish and Wildlife.
g. All over -water structures shall be constructed and maintained in a safe and
sound condition. Abandoned or unsafe over -water structures shall be removed or repaired
promptly by the owner. Accumulated debris shall be regularly removed and disposed of
properly so as not to jeopardize the integrity of the structure. Replacement of in -water
structures shall include proper removal of abandoned or other man -made structures and
debris.
h. Boat owners who store motorized boats on -site are encouraged to use best
management practices to avoid fuel and other fluid spills.
2. Marinas, Boat Yards and Dry Docks.
a. All uses under this category shall be designed to achieve no net loss of shoreline
ecological functions. In cases where impacts to shoreline ecological functions from uses allowed
under this category are unavoidable, those impacts shall be mitigated according to the
provisions of this chapter; in that event, the "no net loss" standard is met.
b. Commercial /industrial marinas and dry docks shall be located no further
upriver than Turning Basin #3.
c. Marinas shall be located, designed, constructed and operated to avoid or
minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation,
navigation, public access, existing in -water recreational activities and adjacent water uses.
d. Marinas shall submit a fuel spill prevention and contingency plan to the City for
approval. Haul -out and boat maintenance facilities must meet the City's stormwater
management requirements and not allow the release of chemicals, petroleum or suspended
solids to the river.
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e. Marinas, boat yards and dry docks must be located a minimum of 100 feet from
fish and wildlife habitat areas (see "Sensitive Areas in the Shoreline" Map 5).
f. New marinas, launch ramps and accessory uses must be located where water
depths are adequate to avoid the need for dredging.
3. Boat Launches and Boat Lifts.
a. Boat launch ramps and vehicle access to the ramps shall be designed to not cause
erosion; the use of pervious paving materials, such as grasscrete, are encouraged.
b. Boat launch ramps shall be designed to minimize areas of landfill or the need for
shoreline protective structures.
c. Access to the boat ramp and parking for the ramp shall be located a sufficient
distance from any frontage road to provide safe maneuvering of boats and trailers.
d. Launching rails shall be adequately anchored to the ground.
e. Launch ramps and boat lifts shall extend waterward past the OHWM only as far
as necessary to achieve their purpose.
f. Boat lifts and canopies must meet the standards of the U.S. Army Corps of
Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and
Marine /Estuarine Waters within the State of Washington.
4. Over -water Structures. Where allowed, over -water structures such as piers, wharves
and docks shall meet the following standards:
a. The size of new over -water structures shall be limited to the minimum necessary
to support the structure's intended use and to provide stability in the case of floating docks.
Structures must be compatible with any existing channel control or flood management
structures.
b. Over -water structures shall not extend waterward of the OHWM any more than
necessary to permit launching of watercraft, while also ensuring that watercraft do not rest on
tidal substrate at any time.
c. Adverse impacts of over -water structures on water quality, river flows, fish
habitat, shoreline vegetation, and public access shall be minimized and mitigated. Mitigation
measures may include joint use of existing structures, open decking or piers, replacement of
non -native vegetation, installation of in -water habitat features or restoration of shallow water
habitat.
d. Any proposals for in -water or over -water structures shall provide a pre
construction habitat evaluation, including an evaluation of salmonid and bull trout habitat and
shoreline ecological functions, and demonstrate how the project achieves no net loss of
shoreline ecological functions.
e. Over -water structures shall obtain all necessary state and federal permits prior to
construction or repair.
f. All over -water structures must be designed by a qualified engineer to ensure
they are adequately anchored to the bank in a manner so as not to cause future downstream
hazards or significant modifications to the river geomorphology and are able to withstand high
flows.
g. Over -water structures shall not obstruct normal public use of the river for
navigation or recreational purposes.
h. Shading impacts to fish shall be minimized by using grating on at least 30% of
the surface area of the over -water structure on residential areas and at least 50% of the over
water structure on all other properties. The use of skirting is not permitted.
i. If floats are used, the flotation shall be fully enclosed and contained in a shell
(such as polystyrene) that prevents breakup or loss of the flotation material into the water,
damage from ultraviolet radiation, and damage from rubbing against pilings or waterborne
debris.
j. Floats may not rest on the tidal substrate at any time and stoppers on the piling
anchoring the floats must be installed to ensure at least 1 foot of clearance above the substrate.
Anchor lines may not rest on the substrate at any time.
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k. The number of pilings to support over -water structures, including floats, shall be
limited to the minimum necessary. Pilings shall conform to the pilings standards contained in
the US Army Corps of Engineers Regional General Permit No. 6.
1. No over -water structure shall be located closer than five feet from the side
property line extended, except that such structures may abut property lines for the common use
of adjacent property owners when mutually agreed upon by the property owners in an
easement recorded with King County. A copy of this agreement shall be submitted to the
Department of Community Development and accompany an application for a development
permit and or Shoreline Permit.
Section 8. Vegetation Protection and Landscaping Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
TMC 18.44.080 Vegetation Protection and Landscaping
A. Purpose, Objectives and Applicability.
1. The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the Shoreline
Jurisdiction;
b. Establish requirements for removal of invasive plants at the time of development
or re- development of sites;
c. Establish requirements for landscaping for new development or re- development;
and
d. Establish requirements for the long -term maintenance of native vegetation to
prevent establishment of invasive species and promote shoreline ecosystem processes.
2. The City's goal is to:
a. Preserve as many existing trees as possible and increase the number of native
trees, shrubs and other vegetation in the shoreline because of their importance to shoreline
ecosystem functions as listed below:
1) Overhead tree canopy to provide shade for water temperature control;
2) Habitat for birds, insects and small mammals;
3) Vegetation that overhangs the river to provide places for fish to shelter;
4) Source of insects for fish;
5) Filtering of pollutants and slowing of stormwater prior to its entering the
river; and
6) A long -term source of woody debris for the river.
b. In addition, trees and other native vegetation are important for aesthetics. It is
the City's goal that unsightly invasive vegetation, such as blackberries, be removed from the
shoreline and be replaced with native vegetation to promote greater enjoyment of and access to
the river.
c. The City will provide information and technical assistance to property owners
for improving vegetation in the Shoreline Jurisdiction and will work collaboratively with local
citizen groups to assist property owners in the removal of invasive vegetation and planting of
native vegetation, particularly for residential areas.
3. With the exception of residential development/re-development of four or fewer
residential units, all activities and developments within the Shoreline Environment must
comply with the landscaping and maintenance requirements of this section, whether or not a
shoreline substantial development permit is required. Single family residential projects are not
exempt if implementing a shoreline stabilization project on the shoreline.
4. The tree protection and retention requirements apply to existing uses as well as new
or re- development.
B. Tree Protection, Retention and Replacement.
1. As many significant trees and as much native vegetation as possible are to be
retained on a site proposed for development or re- development, taking into account the
condition and age of the trees. As part of design review, the Director of Community
Development or the Board of Architectural Review may require alterations in the arrangement
of buildings, parking or other elements of proposed development in order to retain significant
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non invasive trees, particularly those that provide shading to the river. Trees located on
properties not undergoing development or re- development may not be removed except those
that interfere with access and passage on public trails or that present an imminent hazard to
existing structures or the public. If the hazard is not readily apparent, the City may require an
evaluation by an International Society of Arborists (ISA)- certified arborist.
2. To protect the ecological functions that trees and native vegetation provide to the
shoreline, removal of any significant tree or native vegetation in the Shoreline Jurisdiction
requires a Shoreline Tree Removal and Vegetation Clearing Permit and is generally only
allowed on sites undergoing development or re- development. Only trees that interfere with
access and passage on public trails or trees that present an imminent hazard to existing
structures or the public may be removed from sites without an issued building permit or
Federal approval. Factors that will be considered in approving tree removal include, but are not
limited to: tree condition and health, age, risks to structures, and potential for root or canopy
interference with utilities.
3. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and
Vegetation Clearing Permit application must be submitted to the Department of Community
Development (DCD) containing the following information:
a. A vegetation survey on a site plan that shows the diameter, species and location
of all significant trees and all existing native vegetation;
b. A site plan that shows trees and native vegetation to be retained and trees to be
removed and provides a table showing the number of significant trees to be removed and the
number of replacement trees required;
c. Tree protection zones and other measures to protect any trees or native
vegetation that are to be retained for sites undergoing development or re- development;
d. Location of the OHWM, river buffer, Shoreline Jurisdiction boundary and any
sensitive areas with their buffers;
e. A landscape plan that shows diameter, species name, spacing and planting
location for any required replacement trees and other proposed vegetation;
f. An arborist evaluation justifying the removal of hazardous trees if required by
DCD; and
g.
An application fee per the current Land Use Permit Fee resolution.
4. Where permitted, significant trees that are removed from the shoreline shall be
replaced pursuant to the tree replacement requirements shown below, up to a density of 100
trees per acre (including existing trees). The Director or Planning Commission may require
additional trees or shrubs to be installed to mitigate any potential impact from the loss of this
vegetation as a result of new development.
Tree Replacement Requirements
Diameter* of Tree Removed *measured at Number of Replacement
height of 4 feet from the ground) Trees Required
4 -6 inches (single trunk); 3
2 inches (any trunk of a multi-trunk tree)
Over 6 -8 inches 1 4 1
Over 8 -20 inches 1 6
Over 20 inches 1 8 1
5. The property owner is required to ensure the viability and long -term health of trees
planted for replacement through proper care and maintenance for the life of the project.
Replaced trees that do not survive must be replanted in the next appropriate season for
planting.
6. If all required replacement trees cannot be reasonably accommodated on the site,
off -site tree replacement within the shoreline jurisdiction may be allowed at a site approved by
the City. Priority for off -site tree planting will be at locations within the Transition Zone. If no
suitable off -site location is available, the applicant shall pay into a tree replacement fund. The
fee shall be based on the value of the replacement trees and their delivery, labor for site
preparation and plant installation, soil amendments, mulch, and staking supplies.
7. When a tree suitable for use as LWD is permitted to be removed from the shoreline
buffer, the tree trunk and root ball (where possible) will be saved for use in a restoration project
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elsewhere in the shoreline jurisdiction. The applicant will be responsible for the cost of moving
the removed tree(s) to a location designated by the City. If no restoration project or storage
location is available at the time, the Director may waive this requirement. Trees removed in the
shoreline jurisdiction outside the buffer shall be placed as LWD in the buffer (not on the bank),
if feasible. Priority for LWD placement projects will be in the Transition Zone.
8. Dead or dying trees located within the buffer or undeveloped upland portion of the
Shoreline Jurisdiction shall be left in place as wildlife snags, unless they present a hazard to
structures, facilities or the public.
9. Topping of trees is prohibited unless absolutely necessary to protect overhead utility
lines. Topping of trees will be regulated as removal and tree replacement will be required.
10. For new development or re- development where trees are proposed for retention,
tree protection zones shall be indicated on site plans and shall be established in the field prior
to commencement of any construction or site clearing activity. A minimum 4 feet high
construction barrier shall be installed around significant trees and stands of native trees or
vegetation to be retained. Minimum distances from the trunk for the construction barriers shall
be based on the approximate age of the tree (height and canopy) as follows:
a. Young trees (have reached less than 20% of life expectancy): 0.75 feet per inch of
trunk diameter
diameter.
b. Mature trees (have reached 20 -80% of life expectancy): 1 foot per inch of trunk
c. Over mature trees (have reached greater than 80% of life expectancy): 1.5 feet
per inch of trunk diameter.
C. Landscaping. This section presents landscaping standards for the Shoreline Jurisdiction
and is divided into a general section and separate sections for the River Buffer and for the
remaining part of the Shoreline Jurisdiction for each environment designation.
1. General Requirements. For any new development or re- development in the
Shoreline Jurisdiction, except single family residential development of four or fewer lots,
invasive vegetation must be removed and native vegetation planted and maintained in the
River Buffer, including the riverbank.
a. The landscaping requirements of this subsection apply for any new development
or redevelopment in the Shoreline Jurisdiction, except: single family residential development of
4 or fewer lots. The extent of landscaping required will depend on the size of the proposed
project. New development or full redevelopment of a site will require landscaping of the entire
site. For smaller projects, the Director will review the intent of this section and the scope of the
project to determine a reasonable amount of landscaping to be carried out. Trees and other
vegetation shading the river shall be retained or replanted when riprap is placed per the
approved tree permit, if required.
b. Invasive vegetation must be removed as part of site preparation and native
vegetation planted, including the river bank.
c. On properties located behind publicly maintained levees, an applicant is not
required to remove invasive vegetation, or plant native vegetation within the buffer.
d. Removal of invasive species shall be done by hand or with hand -held power
tools. Where not feasible and mechanized equipment is needed, the applicant must obtain a
Shoreline Tree Removal and Vegetation Clearing Permit and show how the slope stability of
the bank will be maintained and a plan must be submitted indicating how the work will be
done and what erosion control and tree protection features will be utilized. Federal and State
permits may be required for vegetation removal with mechanized equipment.
e. Trees and other vegetation shading the river shall be retained or replanted when
riprap is placed as specified in the approved tree permit, if a permit is required.
f. Removal of invasive vegetation may be phased over several years prior to
planting if such phasing is provided for by a plan approved by the Director to allow for
alternative approaches, such as sheet mulching and goat grazing. The method selected shall
not destabilize the bank or cause erosion.
g. A combination of native trees, shrubs and groundcovers (including grasses,
sedges, rushes and vines) shall be planted. The plants listed in the Riparian Restoration and
Management Table of the 2004 Washington Stream Habitat Restoration Guidelines
(Washington Department of Fish and Wildlife, Washington Department of Ecology, and U.S.
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Fish and Wildlife Service, Olympia, Washington, as amended) shall provide the basis for plant
selection. Site conditions, such as topography, exposure, and hydrology shall be taken into
account for plant selection. Other species may be approved if there is adequate justification.
h. Non -native trees may be used as street trees in cases where conditions are not
appropriate for native trees (for example where there are space or height limitations or conflicts
with utilities).
i. Plants shall meet the current American Standard for Nursery Stock (American
Nursery and Landscape Association ANLA).
j. Plant sizes in the non buffer areas of all Shoreline Environments shall meet the
following minimum size standards:
Deciduous trees: 2 inch caliper
Conifers: 6 -8 foot height
Shrubs: 24 inch height
Groundcover/ grasses: 4 inch or one gallon container
k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending
on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2 -inch in
diameter.
1. Site preparation and planting of vegetation shall be in accordance with best
management practices for ensuring the vegetation's long -term health and survival.
m. Plants may be selected and placed to allow for public and private view corridors
and /or access to the water's edge.
n. Native vegetation in the shoreline installed in accordance with the preceding
standards shall be maintained by the property owner to promote healthy growth and prevent
establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed,
bindweed) shall be removed on a regular basis, according to the approved maintenance plan.
o. Areas disturbed by removal of invasive plants shall be replanted with native
vegetation where necessary to maintain the density shown in TMC Section 18.44.080B4, and
must be replanted in a timely manner, except where a long -term removal and re- vegetation
plan, as approved by the City, is being implemented.
p. The following standards apply to utilities and loading docks located in the
Shoreline Jurisdiction:
1) Utilities such as pumps, pipes, etc. shall be suitably screened with native
vegetation;
2) Utility easements shall be landscaped with native groundcover, grasses or
other low growing plants as appropriate to the shoreline environment and site conditions;
3) Allowed loading docks and service areas located waterward of the
development shall have landscaping that provides extensive visual separation from the river.
2. River Buffer Landscaping Requirements in all Shoreline Environments. The River
Buffer in all shoreline environments shall function, in part, as a vegetation management area to
filter sediment, capture contaminants in surface water run -off, reduce the velocity of water run-
off, and provide fish and wildlife habitat.
a. A planting plan prepared by a licensed landscape architect or an approved
biologist shall be submitted to the City for approval showing plant species, size, number and
spacing. The requirement for a landscape architect or biologist may be waived by the Director
for single- family property owners (when planting is being required as mitigation for
construction of overwater structures or shoreline stabilization), if the property owner accepts
technical assistance from City staff.
b. Plants shall be installed from the OHWM to the upland edge of the River Buffer
unless site conditions would make planting unsafe.
c. Plantings close to and on the bank shall include native willows, red osier
dogwood and other native vegetation that will extend out over the water, to provide shade and
habitat functions when mature. Species selected must be able to withstand seasonal water level
fluctuations.
d. Minimum plant spacing in the buffer shall follow the River Buffer Vegetation
Planting Densities Table, shown in TMC Section 18.44.080(C)(2). Existing non invasive plants
may be included in the density calculations.
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e. Irrigation for buffer plantings is required for at least two dry seasons or until
plants are established. An irrigation plan is to be included as part of the planting plan.
f. In the event a development project allows for setback and benching of the
shoreline along an existing levee or revetment, the newly created mid -slope bench area shall be
planted and maintained with a variety of native vegetation appropriate for site conditions.
River Buffer Vegetation Planting Densities
Plant Material Type
Stakes /cuttings along riverbank
(willows, red osier dogwood)
1 Shrubs
1 Trees
Groundcovers, grasses, sedges,
rushes, other herbaceous plants
1 Native seed mixes
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Planting Density
1 -2 feet on center or per bioengineering method
1 3 -5 feet on center, depending on species
1 15 -20 feet on center, depending on species
1 -1.5 feet on center, depending on species
1 5 -25 pounds per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High Intensity
Environments Outside of the River Buffer. For the portions of property within the Shoreline
Jurisdiction landward of the River Buffer, the landscape requirements in the "General" section
of this chapter and the requirements for the underlying zoning as established in TMC Chapter
18.52 shall apply except as indicated below.
a. Parking Lot Landscape Perimeters. One native tree for each 20 lineal feet of
required perimeter landscaping, one shrub for each four lineal feet of required perimeter
landscaping, and native groundcovers to cover 90% of the landscape area within three years,
planted at a minimum spacing of 12 inches on- center.
b. Interior Parking Lot Landscaping. Every 300 square feet of paved surface
requires ten square feet of interior landscaping within landscape islands separated by no more
than 150 feet between islands.
c. Landscaping shall be provided at yards not adjacent to the river, with the same
width as required in the underlying zoning district. This standard may be reduced as follows:
1) Where development provides public access corridor between off -site public
area(s) and public shoreline areas, side yard landscaping may be reduced by 25% to no less
than 3 feet; or
2) Where development provides additional public access area(s) (as allowed by
the High Intensity and Urban Conservancy Environment Development Standards) equal in
area to at least 2.5% of total building area, front yard landscaping may be reduced by 25
D. Vegetation Management in the Shoreline Jurisdiction. The requirements of this
section apply to all existing and new development within the Shoreline Jurisdiction.
1. Trees and shrubs may only be pruned for safety, to maintain view or access
corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines,
and /or for improving shoreline ecological function. This type of pruning is exempt from any
permit requirements. Topping of trees is prohibited except where absolutely necessary to avoid
interference with existing utilities.
2. Plant debris from removal of invasive plants or pruning shall be removed from the
site and disposed of properly.
3. Use of pesticides:
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in
the Shoreline Jurisdiction except where:
1) Alternatives such as manual removal, biological control, and cultural control
are not feasible given the size of the infestation, site characteristics, or the characteristics of the
invasive plant species;
2) The use of pesticides has been approved through a comprehensive
vegetation or pest management and monitoring plan;
3) The pesticide is applied in accordance with State regulations;
4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency; and
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5) The use of pesticides in the Shoreline Jurisdiction is approved in writing by
the City and the applicant presents a copy of the Aquatic Pesticide Permit issued by the
Department of Ecology or Washington Department of Agriculture.
b. Self contained rodent bait boxes designed to prevent access by other animals are
allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses that involve
maintenance of extensive areas of turf shall provide and implement an integrated turf
management program or integrated pest management plan designed to ensure that water
quality in the river is not adversely impacted.
Section 9. Environmentally Sensitive Areas within the Shoreline Jurisdiction Adopted.
Updated requirements for shoreline regulations are hereby adopted to read as follows:
TMC 18.44.090 Environmentally Sensitive Areas within the Shoreline Jurisdiction.
A. Purpose.
1. The Growth Management Act (RCW 36.70A) requires protection of critical areas
(sensitive areas), defined as wetlands, watercourses, frequently flooded areas, geologically
hazardous areas, critical aquifer recharge areas, fish and wildlife conservation areas, and
abandoned mine areas.
2. The purpose of protecting environmentally sensitive areas within the Shoreline
Jurisdiction is to:
a. Minimize developmental impacts on the natural functions and values of these
b. Protect quantity and quality of water resources.
c. Minimize turbidity and pollution of wetlands and fish bearing waters and
maintain wildlife habitat.
d. Prevent erosion and the loss of slope and soil stability caused by the removal of
trees, shrubs, and the root systems of vegetative cover.
e. Protect the public against avoidable losses, public emergency rescue and relief
operations cost, and subsidy cost of public mitigation from landslide, subsidence, erosion and
flooding.
areas.
f. Protect the community's aesthetic resources and distinctive features of natural
lands and wooded hillsides.
g. Balance the private rights of individual property owners with the preservation of
environmentally sensitive areas.
h. Prevent the loss of wetland and watercourse function and acreage, and strive for
a gain over present conditions.
i. Give special consideration to conservation or protection measures necessary to
protect or enhance anadromous fisheries.
j. Incorporate the use of best available science in the regulation and protection of
sensitive areas as required by the State Growth Management Act, according to WAC 365 -195-
900 through 365- 195 -925 and WAC 365- 190 -080.
3. The goal of these sensitive area regulations is to achieve no net loss of wetland,
watercourse, or fish and wildlife conservation area or their functions.
B. Applicability, Maps and Inventories.
1. Sensitive areas located in the Shoreline Jurisdiction are regulated by the SMP and
this chapter. However, the level of protection for the sensitive areas located in the shoreline
jurisdiction shall be at least equal to that provided in the Sensitive Areas section of the Zoning
Code (TMC Chapter 18.45).
2. Sensitive areas currently identified in the Shoreline Jurisdiction are discussed in the
Shoreline Inventory and Characterization Report, which forms part of the City's SMP. The
locations are mapped on the "Sensitive Areas in the Shoreline Jurisdiction," Map 5. This map is
based on assessment of current conditions and review of the best available information.
However, additional sensitive areas may exist within the Shoreline Jurisdiction and the
boundaries of the sensitive areas shown are not exact. It is the responsibility of the property
owner to determine the presence of sensitive areas on the property and to verify the boundaries
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in the field. Sensitive area provisions for abandoned mine areas do not apply as none of these
areas is located in the Shoreline Jurisdiction.
3. Sensitive areas comprised of frequently flooded areas and areas of seismic instability
are regulated by the Flood Zone Management Code (TMC Chapter 16.52) and the Washington
State Building Code, rather than by Section 18.44.090 of this chapter.
C. Best Available Science. Policies, regulations and decisions concerning sensitive areas
shall rely on Best Available Science to protect the sensitive areas functions and values. Special
consideration must be given to the conservation or protection measures necessary to preserve
or enhance anadromous fish and their habitats. Nonscientific information may supplement
scientific information, but is not an adequate substitution for valid and available scientific
information.
D. Sensitive Area Studies. An applicant for a development proposal that may include a
sensitive area and/ or its buffer shall submit those studies as required by the City and specified
below to adequately identify and evaluate the sensitive area and its buffers.
1. General Requirements
a. A required sensitive areas study shall be prepared by a person with experience
and training in the scientific discipline appropriate for the relevant sensitive area. A qualified
professional must have obtained a B.S. or B.A. or equivalent degree in ecology or related
science, engineering, environmental studies, fisheries, geotechnical or related field, and at least
two years of related work experience.
b. The sensitive areas study shall use scientifically valid methods and studies in the
analysis of sensitive area data and shall use field reconnaissance and reference the source of
science used. The sensitive areas study shall evaluate the proposal and all probable impacts to
sensitive areas.
c. It is intended that sensitive areas studies and information be utilized by
applicants in preparation of their proposals and therefore shall be undertaken early in the
design stages of a project.
2. Wetland, Watercourse and Fish and Wildlife Conservation Area Sensitive Area
Studies. At a minimum, the sensitive areas study shall contain the following information, as
applicable:
a. The name and contact information of the applicant, a description of the proposal,
and identification of the permit requested;
b. A copy of the site plan for the development proposal showing: sensitive areas
and buffers and the development proposal with dimensions, clearing limits, proposed
stormwater management plan, and mitigation plan for impacts due to drainage alterations;
c. The dates, names and qualifications of the persons preparing the study and
documentation of any fieldwork performed on the site;
d. Identification and characterization of all sensitive areas, water bodies, and
buffers adjacent to the proposed project area or potentially impacted by the proposed project;
e. A statement specifying the accuracy of the study and assumptions used in the
study;
f. Determination of the degree of impact and risk from the proposal both on the
site and on adjacent properties;
g. An assessment of the probable cumulative impacts to sensitive areas, their
buffers and other properties resulting from the proposal;
h. A description of reasonable efforts made to apply mitigation sequencing in order
to avoid, minimize and mitigate impacts to sensitive areas;
i. Plans for adequate mitigation to offset any impacts;
j. Recommendations for maintenance, short -term and long -term monitoring,
contingency plans and bonding measures; and
k. Any technical information required by the director to assist in determining
compliance.
3. Geotechnical Studies.
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a. A geotechnical study appropriate both to the site conditions and the proposed
development shall be required for development in Class 2, Class 3, and Class 4 Areas.
b. All studies shall include at a minimum a site evaluation, review of available
information regarding the site and a surface reconnaissance of the site and adjacent areas. For
Class 2 areas, subsurface exploration of site conditions is at the discretion of the geotechnical
consultant. In addition, for Class 3 and Class 4 Areas, the study shall include a feasibility
analysis for the use of infiltration on -site and a subsurface exploration of soils and hydrology
conditions. Detailed slope stability analysis shall be done if the geotechnical engineer
recommends it in Class 3 areas, and must be done in Class 4 areas.
c. Applicants shall retain a geotechnical engineer to prepare the reports and
evaluations required in this subsection. The geotechnical report and completed site evaluation
checklist shall be prepared in accordance with generally accepted geotechnical practices, under
the supervision of and signed and stamped by the geotechnical engineer. The report shall be
prepared in consultation with the appropriate City department. Where appropriate, a geologist
must be included as part of the geotechnical consulting team. The report shall make specific
recommendations concerning development of the site.
d. The opinions and recommendations contained in the report shall be supported
by field observations and, where appropriate or applicable, by literature review conducted by
the geotechnical engineer, which shall include appropriate explorations such as borings or test
pits, and an analysis of soil characteristics conducted by or under the supervision of the
engineer in accordance with standards of the American Society of Testing and Materials or
other applicable standards. If the evaluation involves geologic evaluations or interpretations,
the report shall be reviewed and approved by a geotechnical engineer.
4. Modifications or Waivers to Sensitive Area Study Requirements.
a. The Director may limit the required geographic area of the sensitive area study
as appropriate if:
1) The applicant, with assistance from the City, cannot obtain permission to
access properties adjacent to the project area; or
2) The proposed activity will affect only a limited part of the site.
b. The Director may allow modifications to the required contents of the study
where, in the judgment of a qualified professional, more or less information is required to
adequately address the potential sensitive area impacts and required mitigation.
c. If there is written agreement between the Director and the applicant concerning
the sensitive area classification and type, the Director may waive the requirement for sensitive
area studies provided that no adverse impacts to sensitive areas or buffers will result. There
must be substantial evidence that the sensitive areas delineation and classification are correct,
that there will be no detrimental impact to the sensitive areas or buffers, and that the goals,
purposes, objectives and requirements of the SMP will be followed.
E. Procedures. When an applicant submits an application for any building permit,
subdivision, short subdivision or any other land use review that approves a use, development
or future construction, the location and dimensions of all sensitive areas and buffers on the site
shall be indicated on the plans submitted. When a sensitive area is identified, the following
procedures apply.
1. The applicant shall submit the relevant sensitive area study as required by this
chapter.
2. The Department of Community Development will review the information submitted
in the sensitive area studies to verify the information, confirm the nature and type of the
sensitive area, and ensure the study is consistent with the Shoreline Master Program (SMP). At
the discretion of the Director, sensitive area studies may undergo peer review, at the expense of
the applicant.
3. Denial of use or development: A use or development will be denied if the Director
determines the applicant cannot ensure that potential dangers and costs to future inhabitants of
the development, adjacent properties, and Tukwila are minimized and mitigated to an
acceptable level.
4. Preconstruction meeting: The applicant, specialist(s) of record, contractor, and
department representatives will be required to attend pre construction meetings prior to any
work on the site.
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5. Construction monitoring: The specialist(s) of record shall be retained to monitor the
site during construction.
6. On -site Identification: The Director may require the boundary between a sensitive
area and its buffer or between the buffer and any development or use to be permanently
identified with fencing, or with a wood or metal sign with treated wood, concrete or metal
posts. Size will be determined at the time of permitting, and wording shall be as follows:
"Protection of this natural area is in your care. Do not alter or disturb. Please call the City of
Tukwila (206- 431 -3670) for more information."
F. Wetland Determinations and Classifications.
1. Wetlands and their boundaries are established by using the Washington State
Wetland and Delineation Manual, as required by RCW 36.70A.175 (Ecology Publication #96 -94)
and consistent with the 1987 Corps of Engineers Wetland Delineation Manual.
2. Wetland determinations shall be made by a qualified professional (certified Wetland
Scientist or non certified with at least two years of full -time work experience as a wetland
professional).
3. Wetland areas within the City of Tukwila have certain characteristics, functions and
values and have been influenced by urbanization and related disturbances. Wetland functions
include, but are not limited to the following: improving water quality; maintaining hydrologic
functions (reducing peak flows, decreasing erosion, groundwater); and providing habitat for
plants, mammals, fish, birds, and amphibians. Wetland functions shall be evaluated using the
Washington State Functional Assessment Method.
4. Wetlands shall be designated in accordance with the Washington State Wetlands
Rating system (Washington Department of Ecology, August 2004, Publication #93 -74) as
Category I, II, III or IV as listed below:
a. Category I wetlands are those that:
1) represent a unique or rare wetland type; or
2) are more sensitive to disturbance than most wetlands; or
3) are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or
4) provide a high level of functions. The following types of wetlands listed by
Washington Department of Ecology and potentially found in Tukwila's Shoreline Jurisdiction
are Category I
a) Estuarine wetlands (deepwater tidal habitats with a range of fresh
brackish- marine water chemistry and daily tidal cycles, salt and brackish marshes, intertidal
mudflats, mangrove swamps, bays, sounds, and coastal rivers).
b) Wetlands that perform many functions well and score at least 70 points in
the Western Washington Wetlands Rating System.
c) Waterfowl or shorebird areas designated by the State Department of Fish
and Wildlife.
b. Category II wetlands are difficult, though not impossible to replace and provide
high levels of some functions. These wetlands occur more commonly than Category I
wetlands, but still need a relatively high level of protection. Category II wetlands potentially in
Tukwila's Shoreline Jurisdiction include:
1) Estuarine Wetlands Any estuarine wetland smaller than an acre, or those
that are disturbed and larger than 1 acre are category II wetlands.
2) Wetlands that Perform Functions Well Wetlands scoring between 51 -69
points (out of 100) on the questions related to the functions present are Category II wetlands.
c. Category III wetlands have a moderate level of functions (scores between 30 -50
points). Wetlands scoring between 30 -50 points generally have been disturbed in some ways
and are often less diverse or more isolated from other natural resources in the landscape than
Category II wetlands.
d. Category IV wetlands have the lowest levels of functions (scores less than 30
points) and are often heavily disturbed. While these are wetlands that should be able to be
replaced or improved, they still need protection because they may provide some important
functions. Any disturbance of these wetlands must be considered on a case by case basis.
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G. Watercourse Designation and Ratings.
1. Watercourse ratings are based on the existing habitat functions and are rated as
follows:
a. Type 1 Watercourse: Watercourses inventoried as Shorelines of the State under
RCW 90.58 (Green /Duwamish River).
b. Type 2 Watercourse: Those watercourses that have either perennial (year- round)
or intermittent flows and support salmonid fish use.
c. Type 3 Watercourse: Those watercourses that have perennial flows and are not
used by salmonid fish.
d. Type 4 Watercourse: Those watercourses that have intermittent flows and are
not used by salmonid fish.
2. Watercourse sensitive area studies shall be performed by a qualified professional
(hydrologist, geologist, engineer or other scientist with experience in preparing watercourse
assessments).
H. Fish and Wildlife Habitat Conservation Areas.
1. Fish and wildlife habitat conservation areas within the Shoreline Jurisdiction include
the habitats listed below:
a. Areas with which endangered, threatened, and sensitive species have a primary
association;
b. Habitats and species of local importance, including but not limited to bald eagle
habitat, heron rookeries, and osprey nesting areas;
c. Waters of the State (i.e., the Green/ Duwamish River itself);
d. State natural area preserves and natural resource conservation areas; and
e. Areas critical for habitat connectivity.
2. The approximate location and extent of known fish and wildlife habitat
conservation areas are identified in the Shoreline Inventory and Characterization Report and
are shown on the Sensitive Areas in the Shoreline Jurisdiction map. Only the salmon habitat
enhancement project sites completed or underway are shown as Fish and Wildlife
Conservation Areas on the Sensitive Areas in the Shoreline Jurisdiction Map. Streams are
shown as watercourses. The river is not shown as a Fish and Wildlife Habitat Conservation
Area for the sake of simplicity. Fish and Wildlife Habitat Conservation Areas correlate closely
with the areas identified as regulated watercourses and wetlands and their buffers, as well as
off channel habitat areas created to improve salmon habitat (shown on the Sensitive Areas
Map) in the Shoreline Jurisdiction. The Green /Duwamish River is recognized as the most
significant fish and wildlife habitat corridor. In addition, Gilliam Creek, Riverton Creek,
Southgate Creek, Hamm Creek (in the North Potential Annexation Area (PAA)), and Johnson
Creek (South PAA) all provide salmonid habitat.
I. Wetland Watercourse and Fish and Wildlife Habitat Conservation Area Buffers.
1. Purpose and Intent of Buffer Establishment.
a. A buffer area shall be established adjacent to designated sensitive areas. The
purpose of the buffer area shall be to protect the integrity, functions and values of the sensitive
areas. Any land alteration must be located out of the buffer areas as required by this section.
b. Buffers are intended in general to:
1) Minimize long -term impacts of development on properties containing
sensitive areas;
2) Protect sensitive areas from adverse impacts during development;
3) Preserve the edges of wetlands and the banks of watercourses and fish and
wildlife habitat conservation areas for their critical habitat value;
4) Provide an area to stabilize banks, to absorb overflow during high water
events and to allow for slight variation of aquatic system boundaries over time due to
hydrologic or climatic effects;
5) Provide shading to watercourses and fish and wildlife habitat conservation
areas to maintain stable water temperatures and provide vegetative cover for additional
wildlife habitat;
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6) Provide input of organic debris and nutrient transport in watercourses;
7) Reduce erosion and increased surface water run -off;
8) Reduce loss of or damage to property;
9) Intercept fine sediments from surface water run -off and serve to minimize
water quality impacts; and
10) Protect the sensitive area from human and domestic animal disturbances.
2. Establishment of Buffer Widths. The following standard buffers shall be established:
a. Wetland buffers (measured from the wetland edge):
1) Category I and II Wetland: 100 -foot buffer.
2) Category III Wetland: 80 -foot buffer.
3) Category IV Wetland: 50 -foot buffer.
b. Watercourse buffers (measured from the OHWM):
1) Type 1 Watercourse: The buffer width for the Green /Duwamish River is
established in the Shoreline Environment Designations of this SMP for the three designated
shoreline environments.
2) Type 2 Watercourse: 100 foot -wide buffer.
3) Type 3 Watercourse: 80- foot -wide buffer.
4) Type 4 Watercourse: 50- foot -wide buffer.
c. Fish and Wildlife Habitat Conservation Areas: The buffer will be the same as the
river buffer established for each Shoreline Environment measured from the OHWM, unless an
alternate buffer is established and approved at the time a fish and wildlife habitat restoration
project is undertaken.
3. Sensitive Area Buffer Setbacks. All commercial and industrial buildings shall be set
back 15 feet and all other development shall be set back ten feet from the sensitive area buffer's
edge. The building setbacks shall be measured from the foundation to the buffer's edge.
Building plans shall also identify a 20 -foot area beyond the buffer setback within which the
impacts of development will be reviewed. The Director may waive setback requirements when
a site plan demonstrates there will be no adverse impacts to the buffer from construction or
occasional maintenance activities.
4. Reduction of Standard Buffer Width. Except for the Green /Duwamish River (Type 1
watercourse for which any variation in the buffer shall be regulated under the shoreline
provisions of this program), the buffer width may be reduced on a case -by -case basis, provided
the reduced buffer area does not contain slopes 15% or greater. In no case shall the approved
buffer width result in greater than a 50% reduction in width. Buffer reduction with
enhancement may be allowed as part of a Substantial Development Permit if:
a. Additional protection to wetlands or watercourses will be provided through the
implementation of a buffer enhancement plan;
b. The existing condition of the buffer is degraded;
c. Buffer enhancement includes, but is not limited to, the following:
1) Planting vegetation that would increase value for fish and wildlife habitat or
improve water quality;
2) Enhancement of wildlife habitat by incorporating structures that are likely to
be used by wildlife, including wood duck boxes, bat boxes, snags, root wads /stumps,
birdhouses and heron nesting areas; or
3) Removing non -native plant species and noxious weeds from the buffer area
and replanting the area.
5. Increase in Standard Buffer Width. Buffers for sensitive areas will be increased when
they are determined to be particularly sensitive to disturbance or the proposed development
will create unusually adverse impacts. Any increase in the width of the buffer shall be required
only after completion of a sensitive areas study by a qualified biologist that documents the
basis for such increased width. An increase in buffer width may be appropriate when:
a. The development proposal has the demonstrated potential for significant
adverse impacts upon the sensitive area that can be mitigated by an increased buffer width; or
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b. The area serves as habitat for endangered, threatened, sensitive or monitor
species listed by the federal government or the State.
6. Maintenance of Vegetation in Buffers. Every reasonable effort shall be made to
maintain any existing viable native plant life in the buffers. Vegetation may be removed from
the buffer as part of an enhancement plan approved by the Director. Enhancements will ensure
that slope stability and wetland or watercourse quality will be maintained or improved. Any
disturbance of the buffers shall be replanted with a diverse plant community of native
northwest species that are appropriate for the specific site as determined by the Director. If the
vegetation must be removed, or the vegetation becomes damaged or dies because of the
alterations of the landscape, then the applicant for a permit must replace existing vegetation
with comparable specimens, approved by the Director, which will restore buffer functions
within five years.
Areas of Potential Geologic Instability.
1. Classification. Areas of potential geologic instability are classified as follows:
a. Class 1 areas, where landslide potential is low, and which slope is less than 15
b. Class 2 areas, where landslide potential is moderate, which slope is between 15%
and 40 and which are underlain by relatively permeable soils;
c. Class 3 areas, where landslide potential is high, which include areas sloping
between 15% and 40%, and which are underlain by relatively impermeable soils or by bedrock,
and which also include all areas sloping more steeply than 40
d. Class 4 areas, where landslide potential is very high, which include sloping areas
with mappable zones of groundwater seepage, and which also include existing mappable
landslide deposits regardless of slope.
2. Exemptions. The following areas are exempt from regulation as geologically
hazardous areas:
a. Temporary stockpiles of topsoil, gravel, beauty bark or other similar landscaping
or construction materials.
b. Slopes related to materials used as an engineered pre -load for a building pad.
c. Any temporary slope that has been created through legal grading activities
under an approved permit may be re- graded.
d. Roadway embankments within right -of -way or road easements.
e. Slopes retained by approved engineered structures, except riverbank structures
and armoring.
3. Geotechnical Study Required.
a. Development or alterations to areas of potential geologic instability that form the
riverbanks shall be governed by the policies and requirements of the Shoreline Stabilization
Section of this chapter. Development proposals on all other lands containing or threatened by
an area of potential geologic instability Class 2 or higher shall be subject to a geotechnical
study. The geotechnical report shall analyze and make recommendations on the need for and
width of any setbacks or buffers necessary to insure slope stability. Development proposals
shall then include the buffer distances as defined within the geotechnical report. The
geotechnical study shall be performed by a qualified professional geotechnical engineer,
licensed in the State of Washington.
b. Prior to permitting alteration of an area of potential geologic instability, the
applicant must demonstrate one of the following:
1) There is no evidence of past instability or earth movement in the vicinity of
the proposed development and, where appropriate, quantitative analysis of slope stability
indicates no significant risk to the proposed development or surrounding properties; or
2) The area of potential geologic instability can be modified or the project can
be designed so any potential impact to the project and surrounding properties is eliminated,
slope stability is not decreased, and the increase in surface water discharge or sedimentation
shall not decrease slope stability.
4. Buffers for Areas of Potential Geologic Instability.
a. Buffers are intended to:
J.
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1) Minimize long -term impacts of development on properties containing
sensitive areas;
2) Protect sensitive areas from adverse impacts during development;
3) Prevent loading of potentially unstable slope formations;
4) Protect slope stability;
5) Provide erosion control and attenuation of precipitation, surface water and
stormwater runoff;
6) Reduce loss of or damage to property; and
7) Prevent the need for future shoreline armoring.
b. Buffers may be increased by the Director when an area is determined to be
particularly sensitive to the disturbance created by a development. Such a decision will be
based on a City review of the report as prepared by a qualified geotechnical engineer and by a
site visit.
5. Additional Requirements.
a. Where any portion of an area of potential geologic instability is cleared for
development, a landscaping plan for the site shall include tree replanting in accordance with
the Vegetation Protection and Landscaping Section of this SMP. Vegetation shall be sufficient
to provide erosion and stabilization protection.
b. It shall be the responsibility of the applicant to submit, consistent with the
findings of the geotechnical report, structural plans that were prepared and stamped by a
structural engineer. The plans and specifications shall be accompanied by a letter from the
geotechnical engineer who prepared the geotechnical report stating that in his /her judgment,
the plans and specifications conform to the recommendations in the geotechnical report, the
risk of damage to the proposed development site from soil instability will be minimal subject to
the conditions set forth in the report, and the proposed development will not increase the
potential for soil movement.
c. Further recommendations signed and sealed by the geotechnical engineer shall
be provided should there be additions or exceptions to the original recommendations based on
the plans, site conditions or other supporting data. If the geotechnical engineer who reviews the
plans and specifications is not the same engineer who prepared the geotechnical report, the
new engineer shall, in a letter to the City accompanying the plans and specifications, express
his or her agreement or disagreement with the recommendations in the geotechnical report and
state that the plans and specifications conform to his or her recommendations.
d. The architect or structural engineer shall submit to the City, with the plans and
specifications, a letter or notation on the design drawings at the time of permit application
stating that he or she has reviewed the geotechnical report, understands its recommendations,
has explained or has had explained to the owner the risks of loss due to slides on the site, and
has incorporated into the design the recommendations of the report and established measures
to reduce the potential risk of injury or damage that might be caused by any earth movement
predicted in the report.
e. The owner shall execute a Sensitive Areas Covenant and Hold Harmless
Agreement running with the land, on a form provided by the City. The City will file the
completed covenant with the King County Department of Records and Elections at the expense
of the applicant or owner. A copy of the recorded covenant will be forwarded to the owner.
f. Whenever the City determines that the public interest would not be served by
the issuance of a permit in an area of potential geologic instability without assurance of a
means of providing for restoration of areas disturbed by, and repair of property damage caused
by, slides arising out of or occurring during construction, the Director may require assurance
devices.
g. Where recommended by the geotechnical report, the applicant shall retain a
geotechnical engineer (preferably retain the geotechnical engineer who prepared the final
geotechnical recommendations and reviewed the plans and specifications) to monitor the site
during construction. If a different geotechnical engineer is retained, the new geotechnical
engineer shall submit a letter to the City stating whether or not he /she agrees with the opinions
and recommendations of the original study. Further recommendations, signed and sealed by
the geotechnical engineer, and supporting data shall be provided should there be exceptions to
the original recommendations.
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h. During construction the geotechnical engineer shall monitor compliance with
the recommendations in the geotechnical report, particularly site excavation, shoring, soil
support for foundations including piles, subdrainage installations, soil compaction and any
other geotechnical aspects of the construction. Unless otherwise approved by the City, the
specific recommendations contained in the soils report must be implemented. The geotechnical
engineer shall provide to the City written, dated monitoring reports on the progress of the
construction at such timely intervals as shall be specified. Omissions or deviations from the
approved plans and specifications shall be immediately reported to the City. The final
construction monitoring report shall contain a statement from the geotechnical engineer that,
based upon his or her professional opinion, site observations and testing during the monitoring
of the construction, the completed development substantially complies with the
recommendations in the geotechnical report and with all geotechnical- related permit
requirements. Occupancy of the project will not be approved until the report has been reviewed
and accepted by the Director.
i. Substantial weight shall be given to ensuring continued slope stability and the
resulting public health, safety and welfare in determining whether a development should be
allowed.
j. The City may impose conditions that address site -work problems which could
include, but are not limited to, limiting all excavation and drainage installation to the dry
season, or sequencing activities such as installing erosion control and drainage systems well in
advance of construction. A permit will be denied if it is determined by the Director that the
development will increase the potential of soil movement that results in an unacceptable risk of
damage to the proposed development, its site or adjacent properties.
K. Sensitive Areas Permitted Uses and Alterations.
1. General Sensitive Areas Permitted Uses. All uses permitted in the Shoreline
Jurisdiction buffers are allowed in sensitive areas within the jurisdiction except:
a. Promenades
b. Recreational structures
c. Public pedestrian bridges
d. Vehicle bridges
e. New utilities
f. Plaza connectors
g. Water dependent uses and their structures
h. Essential streets, roads and rights -of -way
i. Essential public facilities
j. Outdoor storage
2. In addition, the following uses are allowed:
a. Maintenance activities of existing landscaping and gardens in a sensitive area
buffer including, but not limited to, mowing lawns, weeding, harvesting and replanting of
garden crops and pruning and planting of vegetation. The removal of established native trees
and shrubs is not permitted. Herbicide use in sensitive areas or their buffers is not allowed
without written permission of the City.
b. Vegetation maintenance as part of sensitive area enhancement, creation or
restoration. Herbicide use in sensitive areas or their buffers is not allowed without written
permission of the City.
3. Uses Requiring a Type II permit.
a. Maintenance and repair of existing uses and facilities where alteration or
additional fill materials will be placed or heavy construction equipment used.
b. Construction of new essential streets and roads, rights -of -way and utilities.
c. New surface water discharges to sensitive areas or their buffers from detention
facilities, presettlement ponds or other surface water management structures may be allowed
provided the discharge meets the clean water standards of RCW 90.48 and WAC 173.200 and
173.201 as amended, and does not adversely affect water level fluctuations in the wetland or
adversely affect watercourse habitat and watercourse flow conditions relative to the existing
rate.
d. Plaza connectors.
e. Essential public facilities.
f. Overwater structures.
g. Recreation structures.
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4. Conditional Uses. Dredging, where necessary to remediate contaminated sediments,
if adverse impacts are mitigated, may be permitted.
5. Wetland Alterations. Alterations to wetlands are discouraged, are limited to the
minimum necessary for project feasibility, and must have an approved mitigation plan
developed in accordance with the standards in this chapter.
a. Mitigation for wetlands shall follow the mitigation sequencing steps in this
chapter and may include the following types of actions:
1) Creation the manipulation of the physical, chemical or biological
characteristics to develop a wetland on an upland or deepwater site, where a biological wetland
did not previously exist;
2) Re- establishment the manipulation of the physical, chemical or biological
characteristics of a site with the goal of restoring wetland functions to a former wetland,
resulting in a net increase in wetland acres and functions;
3) Rehabilitation the manipulation of the physical, chemical, or biological
characteristics with the goal of repairing historic functions and processes of a degraded
wetland, resulting in a gain in wetland function but not acreage;
4) Enhancement the manipulation of the physical, chemical or biological
characteristics to heighten, intensify, or improve specific functions (such as vegetation) or to
change the growth stage or composition of the vegetation present, resulting in a change in
wetland functions but not in a gain in wetland acreage; or
5) A combination of the three types.
b. Allowed alterations per wetland type and mitigation ratios are as follows:
1) Alterations are not permitted to Category I or II wetlands unless specifically
exempted under the provisions of this Program. Mitigation will still be required at a rate of 3:1
for creation or re- establishment, 4;1 for rehabilitation, and 6:1 for enhancement.
2) Alterations to Category III wetlands are prohibited except where the location
or configuration of the wetland provides practical difficulties that can be resolved by modifying
up to .10 (one- tenth) of an acre of wetland. Mitigation for any alteration to a Category III
wetland must be located contiguous to the altered wetland. Mitigation for any alteration to a
Category III wetland must be provided at a ratio of 2:1 for creation or re- establishment, 4:1 for
rehabilitation and 8:1 for enhancement alone.
3) Alterations to Category IV wetlands are allowed, where unavoidable and
adequate mitigation is carried out in accordance with the standards of this section. Mitigation
for alteration to a Category IV wetland will be 1.5:1 for creation or re- establishment and 3:1 for
rehabilitation or enhancement.
4) Isolated wetlands formed on fill material in highly disturbed environmental
conditions and assessed as having low overall wetland functions (scoring below 20 points) may
be altered and/ or relocated with the permission of the Director. These wetlands may include
artificial hydrology or wetlands unintentionally created as the result of construction activities.
The determination that a wetland is isolated is made by the US Army Corps of Engineers.
6. Watercourse Alterations. All impacts to a watercourse that degrade the functions
and values of the watercourse shall be avoided. If alteration to the watercourse is unavoidable,
all adverse impacts shall be mitigated in accordance with the approved mitigation plan as
described in this chapter. Mitigation shall take place on -site or as close as possible to the
impact location, and compensation shall be at a minimum 1:1 ratio. Any mitigation shall result
in improved watercourse functions over existing conditions.
a. Diverting or rerouting may only occur with the permission of the Director and
an approved mitigation plan. Any watercourse that has critical wildlife habitat or is necessary
for the life cycle or spawning of salmonids shall not be rerouted, unless it can be shown that the
habitat will be improved for the benefit of the species. A watercourse may be rerouted or day
lighted as a mitigation measure to improve watercourse function.
b. Piping of any watercourse should be avoided. Relocation of a watercourse is
preferred to piping; if piping occurs in a watercourse sensitive area, it shall be limited and shall
require approval of the Director. Piping of Type 1 watercourses shall not be permitted. Piping
may be allowed in Type 2, 3 or 4 watercourses if it is necessary for access purposes. Piping may
be allowed in Type 4 watercourses if the watercourse has a degraded buffer, is located in a
highly- developed area and does not provide shade, temperature control, etc. for habitat. The
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applicant must comply with the conditions of this section, including: providing excess capacity
to meet needs of the system during a 100 -year flood event, and providing flow restrictors and
complying with water quality and existing habitat enhancement procedures.
c. No process that requires maintenance on a regular basis will be acceptable
unless this maintenance process is part of the regular and normal facilities maintenance process
or unless the applicant can show funding for this maintenance is ensured for as long as the use
remains.
standards:
d. Piping projects shall be performed pursuant to the following applicable
1) The conveyance system shall be designed to comply with the standards in
current use and recommended by the Department of Public Works.
2) Where allowed, piping shall be limited to the shortest length possible as
determined by the Director to allow access onto a property.
3) Where water is piped for an access point, those driveways or entrances shall
be consolidated to serve multiple properties where possible, and to minimize the length of
piping.
4) When required by the Director, watercourses under drivable surfaces shall
be contained in an arch culvert using oversize or super span culverts for rebuilding of a
streambed. These shall be provided with check dams to reduce flows, and shall be replanted
and enhanced according to a plan approved by the Director.
5) All watercourse crossing shall be designed to accommodate fish passage.
Watercourse crossings shall not block fish passage where the streams are fish bearing.
6) Stormwater run -off shall be detained and infiltrated to preserve the
watercourse channel's dominant discharge.
7) All construction shall be designed to have the least adverse impact on the
watercourse, buffer and surrounding environment.
8) Piping shall be constructed during periods of low flow, or as allowed by the
State Department of Fish and Wildlife.
9) Water quality must be as good or better for any water exiting the pipe as for
the water entering the pipe, and flow must be comparable.
7. Fish and Wildlife Conservation Area Alterations. Alterations to the
Green /Duwamish River are regulated by the shoreline provisions of this SMP. Alterations to
Fish and Wildlife Conservation Areas that have been created as restoration or habitat
enhancement sites and are shown on the Sensitive Areas in the Shoreline Jurisdiction Map are
prohibited and may only be authorized through a shoreline variance procedure.
L. Sensitive Areas Mitigation. Mitigation shall be required for any proposals for
dredging, filling, piping, diverting, relocation or other alterations of sensitive areas as allowed
in this chapter and in accordance with mitigation sequencing and the established mitigation
ratios. The mitigation plan shall be developed as part of a sensitive area study by a qualified
specialist.
1. Mitigation Sequencing. Applicants shall demonstrate that reasonable efforts have
been examined with the intent to avoid and minimize impacts to sensitive areas and buffers.
When an alteration to a sensitive area or its required buffer is proposed, such alteration shall be
avoided, minimized or compensated for in the following order of preference:
a. Avoidance of sensitive area and buffer impacts, whether by finding another site
or changing the location of the proposed activity on -site;
b. Minimizing sensitive area and buffer impacts by limiting the degree of impact
on site;
c. Mitigation actions that require compensation by replacing, enhancing, or
substitution.
2. Criteria for Approval of Alterations and Mitigation. Alterations and mitigation plans
are subject to Director approval and may be approved only if the following findings are made:
a. The alteration will not adversely affect water quality;
b. The alteration will not adversely affect fish, wildlife, or their habitat;
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c. The alteration will not have an adverse effect on drainage and/ or stormwater
detention capabilities;
d. The alteration will not lead to unstable earth conditions or create an erosion
hazard or contribute to scouring actions;
e. The alteration will not be materially detrimental to any other property;
f. The alteration will not have adverse effects on any other sensitive areas or the
shoreline; and
g. The mitigation will result in improved functions such as water quality, erosion
control, and wildlife and fish habitat.
3. Mitigation Location.
a. On -site mitigation shall be provided, except where it can be demonstrated that:
1) On -site mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors; or
2) Mitigation is not practical due to potentially adverse impacts from
surrounding land uses; or
3) Existing functional values created at the site of the proposed restoration are
significantly greater than lost sensitive area functions; or
4) Established regional goals for flood storage, flood conveyance, habitat or
other sensitive area functions have been established and strongly justify location of mitigation
at another site.
b. Off -site mitigation shall occur within the Shoreline Jurisdiction in a location
where the sensitive area functions can be restored. Buffer impacts must be mitigated at or as
close as possible to the location of the impact.
c. Wetland creation, relocation of a watercourse, or creation of a new fish and
wildlife habitat shall not result in the new sensitive area or buffer extending beyond the
development site and onto adjacent property without the agreement of the affected property
owners, unless otherwise exempted by this SMP.
4. Mitigation Plan Content and Standards. The scope and content of a mitigation plan
shall be decided on a case -by -case basis. As the impacts to the sensitive area increase, the
mitigation measures to offset these impacts will increase in number and complexity. The
minimum components of a complete mitigation plan are listed below. For wetland mitigation
plans, the format should follow that established in "Wetland Mitigation in Washington State,
Part 2 Developing Mitigation Plans (Washington Department of Ecology, Corps of Engineers,
EPA, March 2006, as amended)."
a. Baseline information of quantitative data collection or a review and synthesis of
existing data for both the project impact zone and the proposed mitigation site.
b. Environmental goals and objectives that describe the purposes of the mitigation
measures. This should include a description of site selection criteria, identification of target
evaluation species, and resource functions.
c. Performance standards for the specific criteria for fulfilling environmental goals
and for beginning remedial action or contingency measures. They may include water quality
standards, species richness and diversity targets, habitat diversity indices, or other ecological,
geological or hydrological criteria. The following shall be considered the minimum
performance standards for approved sensitive area alterations:
1) Sensitive area functions and improved habitat for fish and wildlife are
improved over those of the original conditions.
2) Hydrologic conditions, hydroperiods and watercourse channels are
improved over existing conditions and the specific performance standards specified in the
approved mitigation plan are achieved.
3) Acreage requirements for enhancement or creation are met.
4) Vegetation native to the Pacific Northwest is installed and vegetation
survival and coverage standards over time are met and maintained.
5) Buffer and bank conditions and functions exceed the original state.
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6) Stream channel habitat and dimensions are maintained or improved such
that the fisheries habitat functions of the compensatory stream reach, meet or exceed that of the
original stream.
d. A detailed construction plan of the written specifications and descriptions of
mitigation techniques. This plan should include the proposed construction sequence and
construction management, and be accompanied by detailed site diagrams and blueprints that
are an integral requirement of any development proposal.
e. Monitoring and /or evaluation program that outlines the approach and
frequency for assessing progress of the completed project. An outline shall be included that
spells out how the monitoring data will be evaluated and reported.
f. Maintenance plan that outlines the activities and frequency of maintenance to
ensure compliance with performance standards.
g. Contingency plan identifying potential courses of action and any corrective
measures to be taken when monitoring or evaluation indicates project performance standards
have not been met.
h. Performance security or other assurance devices.
5. Mitigation Timing.
a. Mitigation projects shall be completed prior to activities that will permanently
disturb sensitive areas or their buffers and either prior to or immediately after activities that
will temporarily disturb sensitive areas.
b. Construction of mitigation projects shall be timed to reduce impacts to existing
wildlife, flora and water quality, and shall be completed prior to use or occupancy of the
activity or development. The Director may allow activities that permanently disturb wetlands
or watercourses prior to implementation of the mitigation plan under the following
circumstances:
conditions;
phasing.
1) To allow planting or re- vegetation to occur during optimal weather
2) To avoid disturbance during critical wildlife periods; or
3) To account for unique site constraints that dictate construction timing or
c. Monitoring of buffer alterations shall be required for three to five years. All other
alterations shall be monitored for a minimum of five years.
6. Corrective Actions and Monitoring. The Director shall require subsequent corrective
actions and long -term monitoring of the project if adverse impacts to regulated sensitive areas
or their buffers are identified.
7. Recording. The property owner receiving approval of a use or development
pursuant to the SMP shall record the City- approved site plan clearly delineating the sensitive
area and its buffer with the King County Division of Records and Elections. The face of the site
plan must include a statement that the provisions of this chapter, as of the effective date of the
ordinance from which the SMP derives or is thereafter amended, control use and development
of the subject property and provide for any responsibility of the latent defects or deficiencies.
8. Assurance Device.
a. The Director may require a letter of credit or other security device acceptable to
the City to guarantee performance and maintenance requirements. All assurances shall be on a
form approved by the City Attorney.
b. When alteration of a sensitive area is approved, the Director may require an
assurance device, on a form approved by the City Attorney, to cover the monitoring costs and
correction of possible deficiencies for the term of the approved monitoring and maintenance
program.
c. The assurance device shall be released by the Director upon receipt of written
confirmation submitted to the Department from the applicant's qualified professional that the
mitigation or restoration has met its performance standards and is successfully established.
Should the mitigation or restoration meet performance standards and be successfully
established in the third or fourth year of monitoring, the City may release the assurance device
early. The assurance device may be held for a longer period, if at the end of the monitoring
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period if, the performance standards have not been met or the mitigation has not been
successfully established.
d. Release of the security does not absolve the property owner of responsibility for
maintenance or correcting latent defects or deficiencies or other duties under law.
Section 10. Public Access to the Shoreline Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.100 Public Access to the Shoreline
A. Applicability.
1. Public access shall be provided on all property that abuts the Green /Duwamish
River shoreline in accordance with this section as further discussed below where any of the
following conditions are present:
a. Where a development or use will create increased demand for public access to
the shoreline, the development or use shall provide public access to mitigate this impact. For
the purposes of this section, an "increase in demand for public access" is determined by
evaluating whether the development reflects an increase in the land use intensity (for example
converting a warehouse to office or retail use), or a significant increase in the square footage of
an existing building. A significant increase is defined as an increase of 3,000 square feet.
b. Where a development or use will interfere with an existing public access way,
the development or use shall provide public access to mitigate this impact. Impacts to public
access may include blocking access or discouraging use of existing on -site or nearby accesses.
c. Where a use or development will interfere with a public use of lands or waters
subject to the public trust doctrine, the development shall provide public access to mitigate this
impact.
d. Where the development is proposed by a public entity or on public lands.
e. Where identified on the Shoreline Public Access Map.
2. For the purposes of this section, an "increase in demand for public access" is
determined by evaluating whether the development reflects an increase in the land use
intensity, for example converting a warehouse to office or retail use, or a significant increase in
the square footage of an existing building. A significant increase is defined as an increase of
3,000 square feet. The extent of public access required will be proportional to the amount of
increase in the demand for public access. For smaller projects, the Director will review the
intent of this section and the scope of the project to determine a reasonable amount of public
access to be carried out. Depending on the amount of increase, the project may utilize the
alternative provisions for meeting public access in 18.44.100(F). The terms and conditions of
18.44.100(A) and (B) shall be deemed satisfied if the applicant and the City agree upon a master
trail plan providing for public paths and trails within a parcel or group of parcels.
3. The provisions of this section do not apply to the following:
a. Short plats of four or fewer lots;
b. Where providing such access would cause unavoidable health or safety hazards;
c. Where providing such access would create inherent and unavoidable security
problems; or
d. Where providing such access would cause significant ecological impacts that
cannot be mitigated.
An applicant claiming an exemption under items 2(b) -(d) above must comply with
the procedures in TMC Section 18.44.100(F).
B. General Standards.
1. To improve public access to the Green /Duwamish River, sites shall be designed to
provide:
a. Safe, visible and accessible pedestrian and non motorized vehicle connections
between proposed development and the river's edge, particularly when the site is adjacent to
the Green River Trail or other approved trail system; and
b. Public pathway entrances that are clearly visible from the street edge; and
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c. Clearly identified pathways that are separate from vehicular circulation areas.
This may be accomplished through the use of special paving materials such as precast pavers,
bomonite, changes in color or distinct and detailed scoring patterns and textures.
d. Site elements that are organized to clearly distinguish between public and
private access and circulation systems.
2. Required public access shall be fully developed and available for public use at the
time of occupancy in accordance with development permit conditions except where the
decision maker determines an appropriate mechanism for delayed public access
implementation is necessary for practical reasons. Where appropriate, a bond or cash
assignment may be approved, on review and approval by the Director of Community
Development, to extend this requirement for 90 days from the date the Certificate of Occupancy
is issued.
3. Public access easements and related permit conditions shall be recorded on the deed
of title or the face of the plat, short plat or approved site plan as a condition tied to the use of
the land. Recording with the County shall occur prior to the issuance of an Occupancy Permit
or final plat approval. Upon re- development of such a site, the easement may be relocated to
facilitate the continued public access to the shoreline.
4. Approved signs indicating the public's right of access and hours of access, if
restricted, shall be constructed, installed and maintained by the applicant in conspicuous
locations at public access sites. Signs should be designed to distinguish between public and
private areas. Signs controlling or restricting public access may be approved as a condition of
permit approval.
5. Required access must be maintained throughout the life of the project.
6. Public access features shall be separated from residential uses through the use of
setbacks, low walls, berms, landscaping, or other device of a scale and materials appropriate to
the site.
7. Shared public access between developments is encouraged. Where access is to be
shared between adjacent developments, the minimum width for the individual access easement
may be reduced, provided the total width of easements contributed by each adjacent
development equals a width that complies with Fire Department requirements and/ or exceeds
the minimum for an individual access.
8. Public access sites shall be connected directly to the nearest public area (e.g., street,
public park, or adjoining public access easement). Where connections are not currently
possible, the site shall be designed to accommodate logical future connections.
C. Requirements for Shoreline Trails.
Where public access is required under TMC Section 18.44.100(A)1 above, the
requirement will be met by provision of a shoreline trail as follows:
1. Development on Properties Abutting Existing Green River Trail. An applicant
seeking to develop property abutting the existing trail shall meet public access requirements by
upgrading the trail along the property frontage to meet the standards of a 14- foot -wide trail
with 2 -foot shoulders on each side.
2. Development on Properties Where New Trails are Planned. An applicant seeking to
develop property abutting the river in areas identified for new shoreline trail segments shall
meet public access requirements by dedicating an 18- foot -wide trail easement to the City for
public access along the river.
D. Publicly -Owned Shorelines.
1. Shoreline development by any public entities, including but not limited to the City
of Tukwila, King County, port districts, state agencies, or public utility districts, shall include
public access measures as part of each development project, unless such access is shown to be
incompatible due to reasons of safety, security, impact to the shoreline environment or other
provisions listed in this section.
2. The following requirements apply to street ends and City -owned property adjacent
to the river.
a. Public right -of -way and "road- ends," or portions thereof, shall not be vacated
and shall be maintained for future public access.
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b. Unimproved right -of -ways and portions of right -of -ways, such as street ends
and turn -outs, shall be dedicated to public access uses until such time as the portion becomes
improved right -of -way. Uses shall be limited to passive outdoor recreation, car top boat
launching, fishing, interpretive/ educational uses, and/ or parking, which accommodates these
uses, and shall be designed so as to not interfere with the privacy of adjacent residential uses.
c. City -owned facilities within the Shoreline Jurisdiction shall provide new trails
and trail connections to the Green River Trail in accordance with approved plans and this SMP.
d. All City -owned recreational facilities within the Shoreline Jurisdiction, unless
qualifying for an exemption as specified in this chapter, shall make adequate provisions for:
1) Non motorized and pedestrian access;
2) The prevention of trespass onto adjacent properties through landscaping,
fencing or other appropriate measures;
3) Signage indicating the public right -of -way to shoreline areas; and
4) Mechanisms to prevent environmental degradation of the shoreline from
public use.
E. Public Access Incentives.
1. The minimum yard setback for buildings, uses, utilities or development from non-
riverfront lot lines may be reduced as follows:
a. Where a development provides a public access corridor between off -site areas, or
public shoreline areas to public shoreline areas, one side yard may be reduced to a zero lot line
placement; or
b. Where a development provides additional public access area(s) equal in area to
at least 2.5% of total building area, the front yard (the landward side of the development) may
be reduced by 50
2. The maximum height for structures may be increased by 15% when:
a. Development devotes at least 5% of its building or land area to public shoreline
access; or
b. Development devotes at least 10% of its land area to employee shoreline access.
3. The maximum height for structures under 18.44.070(C)3 and this section may be
increased by a maximum of 25% when:
a. One of the criteria in 18.44.100(E)2 is met; and
b. The applicant restores or enhances the entire shoreline buffer, including, but not
limited to, paved areas no longer in use on the property to offset the impact of the increase in
height. Buffer restoration/ enhancement projects undertaken to meet the requirements of TMC
Section 18.44.100(F) do not qualify as restoration or enhancement for purposes of the height
incentive provided in this subsection.
c. No combination of incentives may be used to gain more than a 25% total height
increase for a structure.
4. The maximum height for structures may be increased to the height permitted in
the underlying zoning district for properties that construct a 14- foot -wide paved trail with a 2-
foot -wide shoulder on each side for public access along the river in areas identified for new
shoreline trail segments, or where, in the case of properties containing or abutting existing
public access trails, the existing trail either meets the standard of a 14- foot -wide trail with 2-
foot -wide shoulders on either side or the property owner provides any necessary easements
and improvements to upgrade the existing trail to that standard along the property frontage.
F. Exemptions from Provision of On -Site Public Access.
1. Requirements for providing on -site general public access, as distinguished from
employee access, will not apply if the applicant can demonstrate one or more of the following:
a. Unavoidable health or safety hazards to the public exist related to the primary
use that cannot be prevented by any practical means.
b. Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions.
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c. The cost of providing the access, easement or other public amenity on or off the
development site is unreasonably disproportionate to the total long -term cost of the proposed
development.
d. Unavoidable environmental harm or net loss of shoreline ecological functions
that cannot be adequately mitigated will result from the public access.
e. Access is not feasible due to the configuration of existing parcels and structures,
such that access areas are blocked in a way that cannot be remedied reasonably by the
proposed development.
f. Significant undue and unavoidable conflict between the proposed access and
adjacent uses would occur and cannot be mitigated.
g. Space is needed for water dependent uses or navigation.
2. In order to meet any of the above- referenced conditions, the applicant must first
demonstrate, and the City determine in its findings through a Type II decision, that all
reasonable alternatives have been exhausted including, but not limited to:
a. Regulating access by such means as maintaining a gate and /or limiting hours of
use;
b. Designing separation of uses and activities through fencing, terracing, hedges or
other design features; or
c. Providing access on a site geographically separate from the proposal such as a
street end cannot be accomplished.
3. If the above conditions are demonstrated, and the proposed development is not
subject to the Parks Impact Fee, alternative provisions for meeting public access are required
and include:
a. Development of public access at an adjacent street end; or
b. Protection through easement or setbacks of landmarks, unique natural features
or other areas valuable for their interpretive potential; or
c. Contribution of materials and /or labor toward projects identified in the Parks
and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted plan; or
d. In lieu of providing public access under this section, at the Director's discretion,
the applicant may provide restoration /enhancement of the shoreline jurisdiction to a scale
commensurate with the foregone public access.
Section 11. Shoreline Design Guidelines Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.110 Shoreline Design Guidelines
The Green /Duwamish River is an amenity that should be valued and celebrated when
designing projects that will be located along its length. If any portion of a project falls within
the Shoreline Jurisdiction, the entire project will be reviewed under these guidelines as well as
the relevant sections of the Design Review Chapter of the Zoning Code (TMC Chapter 18.60).
The standards of TMC Chapter 18.60 shall guide the type of review, whether administrative or
by the Board of Architectural Review.
A. The following standards apply to development, uses and activities in the Urban
Conservancy and High Intensity Environments and non residential development in the
Shoreline Residential Environment:
1. Relationship of Structure to Site. Development within the Shoreline Jurisdiction
shall demonstrate compliance with the following:
a. Respect and reflect the shape of the shoreline.
b. Orient building elements to site such that public river access, both visual and
physical, is enhanced.
c. Orient buildings to allow for casual observation of pedestrian and trail activity
from interior spaces.
d. Site and orient buildings to provide maximum views from building interiors
toward the river and the shoreline.
e. Orient public use areas and private amenities to the river.
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f. Clearly allocate spaces, accommodating parking, vehicular circulation and
buildings, to preserve existing stands of vegetation or trees so that natural areas can be set
aside, improved, or integrated into site organization and planning.
g. Clearly define and separate public from non public spaces with the use of
paving, signage, and landscaping.
2. Building Design. Development within the Shoreline Jurisdiction shall demonstrate
compliance with the following:
a. To prevent building mass and shape from overwhelming the desired human
scale along the river, development shall avoid blank walls on the public and river sides of
buildings.
b. Buildings should be designed to follow the curve of the river and respond to
changes in topography; buildings must not "turn their back" to the river.
c. Design common areas in buildings to take advantage of shoreline views and
access; incorporate outdoor seating areas that are compatible with shoreline access.
d. Consider the height and scale of each building in relation to the site.
e. Extend site features such as plazas that allow pedestrian access and enjoyment of
the river to the landward side of the buffer's edge.
f. Locate lunchrooms and other common areas to open out onto the water -ward
side of the site to maximize enjoyment of the river.
g. Design structures to take advantage of the river frontage location by
incorporating features such as:
1) plazas and landscaped open space that connect with a shoreline trail system;
2) windows that offer views of the river; or
3) pedestrian entrances that face the river.
h. View obscuring fencing is permitted only when necessary for documentable use
requirements and must be designed with landscaping per the Vegetation Protection and
Landscaping Section. Other fencing, when allowed, must be designed to complement the
proposed and /or existing development materials and design.
i. Where there are public trails, locate any fencing between the site and the
landward side of the shoreline trail.
3. Design of Public Access. Development within the Shoreline Jurisdiction shall
demonstrate compliance with the following:
a. Public access shall be barrier free, where feasible, and designed consistent with
the Americans with Disabilities Act.
b. Public access landscape design shall use native vegetation, in accordance with
the standards in the Vegetation Protection and Landscaping Section. Additional landscape
features may be required where desirable to provide public /private space separation and
screening of utility, service and parking areas.
c. Furniture used in public access areas shall be appropriate for the proposed level
of development and the character of the surrounding area. For example, large urban projects
should provide formal benches; for smaller projects in less developed areas, simpler, less
formal benches or suitable alternatives are appropriate.
d. Materials used in public access furniture, structures or sites shall be:
1) Durable and capable of withstanding exposure to the elements;
2) Environmentally friendly and take advantage of technology in building
materials, lighting, paved surfaces, porous pavement, etc, wherever practical; and
3) Consistent with the character of the shoreline and the anticipated use.
e. Public Private Separation:
1) Public access facilities shall look and feel welcoming to the public, and not
appear as an intrusion into private property.
2) Natural elements such as logs, grass, shrubs, and elevation separations are
encouraged as means to define the separation between public and private space.
Section 12. Shoreline Restoration Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
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TMC 18.44.120 Shoreline Restoration
A. Shoreline Substantial Development Permit Not Required. Shoreline restoration
projects shall be allowed without a Shoreline Substantial Development Permit when these
projects meet the criteria established by WAC 173- 27- 040(o) and (p) and HB 2199.
B. Changes in Shoreline Jurisdiction Due to Restoration.
1. In cases where shoreline restoration projects result in a change in the location of the
OHWM and associated Shoreline Jurisdiction on the subject property and /or adjacent
properties, and where application of this chapter regulations would preclude or interfere with
the uses permitted by the underlying zoning thus presenting a hardship to the project
proponent.
a. Applications for relief, as specified below, must meet the following criteria:
1) The proposed relief is the minimum necessary to relieve the hardship;
2) After granting the proposed relief, there is net environmental benefit from
the restoration project; and
3) Granting the proposed relief is consistent with the objectives of the shoreline
restoration project and with the Shoreline Master Program.
4) Where a shoreline restoration project is created as mitigation to obtain a
development permit, the project proponent required to perform the mitigation is not eligible for
relief under the provisions of this section.
b. The portion of property that moves from outside Shoreline Jurisdiction to inside
Shoreline Jurisdiction as a result of the shoreline restoration project:
1) may be developed for the full range of uses of the underlying zoning
consistent with the Zoning Code, including uses that are not water oriented;
2) is not required to obtain a shoreline substantial development permit;
3) is not subject to provisions for public access;
4) is not subject to shoreline design review; and
5) is not subject to the development standards set forth in this chapter.
c. The intent of the exemptions identified above in a(1) to a(4) is to implement the
restoration projects of the Shoreline Master Program Restoration Plan, which reflects the
projects identified in the Water Resource Inventory Area (WRIA) 9 Plan pursuant to Policy 5.2
of the SMP.
2. Consistent with the provisions of (1)(a) and (1)(b) above, the Shoreline Residential
Environment Buffer, High Intensity or Urban Conservancy Environment Buffer width may be
reduced to no less than 25 feet measured from the new location of the OHWM for the portion of
the property that moves from outside the Shoreline Jurisdiction to inside Shoreline Jurisdiction
as a result of the shoreline restoration project, subject to the following standards:
a. The 25 -foot buffer area must be vegetated according to the requirements of the
Vegetation Protection and Landscaping Section or as otherwise approved by the City; and
b. The proponents of the restoration project are responsible for the installation and
maintenance of the vegetation.
3. The habitat restoration project proponents must record with King County a survey
that identifies the location of the OHWM location prior to implementation of the shoreline
restoration project, any structures that fall within the Shoreline Jurisdiction, and the new
location of the OHWM once construction of the shoreline restoration project is completed.
4. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and
Washington State Department of Fish and Wildlife approvals as well as written approval from
the City.
Section 13. Administration Requirements Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.130 Administration
A. Applicability of Shoreline Master Program and Substantial Development Permit.
1. Development in the Shoreline Jurisdiction. Based on guidelines in the SMA for a
Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The
Tukwila Shoreline Jurisdiction includes the channel of the Green /Duwamish River, its banks,
the upland area which extends from the OHWM landward for 200 feet on each side of the river,
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floodways and all associated wetlands within its floodplain. The floodway shall not include
those lands that have historically been protected by flood control devices and therefore have
not been subject to flooding with reasonable regularity.
2. Applicability. The Tukwila SMP applies to uses, change of uses, activities or
development that occurs within the above defined Shoreline Jurisdiction. All proposed uses
and development occurring within the Shoreline Jurisdiction must conform to Chapter 90.58
RCW, the SMA, and this chapter whether or not a permit is required.
B. Substantial Development Permit Requirements.
1. Permit Application Procedures. Applicants for a Shoreline Substantial Development
Permit shall comply with permit application procedures in TMC Chapter 18.104.
2. Exemptions.
a. To qualify for an exemption, the proposed use, activity or development must
meet the requirements for an exemption as described in WAC 173 -27 -040, except for properties
that meet the requirements of the Shoreline Restoration Section, TMC Section 18.44.120. The
purpose of a shoreline exemption is to provide a process for uses and activities which do not
trigger the need for a Substantial Development Permit, but require compliance with all
provisions of the City's SMP and overlay district.
b. The Director may impose conditions to the approval of exempted developments
and/ or uses as necessary to assure compliance of the project with the SMA and the Tukwila
SMP, per WAC 173- 27- 040(e). For example, in the case of development subject to a building
permit but exempt from the shoreline permit process, the Building Official or other permit
authorizing official, through consultation with the Director, may attach shoreline management
terms and conditions to building permits and other permit approvals pursuant to RCW
90.58.140.
C. Shoreline Conditional Use Permit.
1. Purpose. As stated in WAC 173 -27 -160, the purpose of a Conditional Use Permit
(CUP) is to allow greater flexibility in the application of use regulations of this chapter in a
manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special
conditions may be attached to the permit by the City or the Department of Ecology to prevent
undesirable effects of the proposed use and /or assure consistency of the project with the SMA
and the City's SMP. Uses which are specifically prohibited by the SMP may not be authorized
with approval of a CUP.
2. Application. Shoreline Conditional Use Permits are a Type 4 permit processed
under TMC Chapter 18.104.
3. Application Requirements. Applicants must meet all requirements for permit
application and approvals indicated in TMC Chapter 18.104 and this chapter.
4. Approval Criteria.
a. Uses classified as shoreline conditional uses may be authorized, provided that
the applicant can demonstrate all of the following:
1) The proposed use will be consistent with the policies of RCW 90.58.020 and
the policies of the Tukwila SMP;
2) The proposed use will not interfere with the normal public use of public
shorelines;
3) The proposed use of the site and design of the project will be compatible
with other permitted uses within the area and with uses planned for the area under the
Comprehensive Plan and this chapter;
4) The proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
5) The public interest suffers no substantial detrimental effect.
b. In the granting of all Conditional Use Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
Conditional Use Permits were granted to other developments in the area where similar
circumstances exist, the total of the conditional uses shall also remain consistent with the
policies of RCW 90.58 and all local ordinances and shall not produce substantial adverse effects
to the shoreline environment.
D. Shoreline Variance Permits.
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1. Purpose. The purpose of a Shoreline Variance Permit is strictly limited to granting
relief from specific bulk, dimensional, or performance standards set forth in this chapter where
there are extraordinary or unique circumstances relating to the physical character or
configuration of property such that the strict implementation of this chapter will impose
unnecessary hardships on the applicant or thwart the SMA policies as stated in RCW 90.58.020.
Reasonable use requests that are located in the shoreline must be processed as a variance until
such time as the SMA is amended to establish a process for reasonable uses.
2. Application Requirements. Applicants must meet all requirements for a Type 3
permit application and approvals indicated in TMC Chapter 18.104.
3. Shoreline Variance Permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances
the applicant must demonstrate that extraordinary circumstances exist and the public interest
will suffer no substantial detrimental effect.
4. Approval Criteria. A Shoreline Variance Permit for a use, activity or development
that will be located landward of the OHWM and /or landward of any wetland may be
authorized provided the applicant can demonstrate all of the following:
a. The strict application of the bulk, dimensional, or performance standards set
forth in this chapter preclude or significantly interfere with a reasonable use of the property not
otherwise prohibited by this chapter.
b. The hardship described in TMC Section 18.44.130.D(4)a is specifically related to
the property and is the result of unique conditions such as irregular lot shape, size, or natural
features and the application of this chapter, and not from the owner's own actions or deed
restrictions; and the variance is necessary because of these conditions in order to provide the
owner with use rights and privileges permitted to other properties in the vicinity and zone in
which the property is situated.
c. The design of the project will be compatible with other authorized uses within
the area and with uses planned for the area under the Comprehensive Plan and SMP and will
not cause adverse impacts to adjacent properties or the shoreline environment.
d. The variance will not constitute a grant of special privilege not enjoyed by other
properties in the area.
e. The variance is the minimum necessary to afford relief.
f. The public interest will suffer no substantial detrimental effect.
5. Shoreline Variance Permits Waterward of OHWM.
a. Shoreline Variance Permits for development and/ or uses that will be located
either waterward of the OHWM or within any sensitive area may be authorized only if the
applicant can demonstrate all of the following:
1) The strict application of the bulk, dimensional or performance standards set
forth in this chapter preclude all reasonable permitted use of the property.
2) The proposal is consistent with the criteria established under TMC Section
18.44.130.D(4), "Approval Criteria."
3) The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
b. In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area such that the total of the
variances would remain consistent with RCW 90.58.020 and not cause substantial adverse
effects to the shoreline environment.
c. Variances from the use regulations of this chapter are prohibited.
E. Non Conforming Development.
1. Non Conforming Uses. Any non conforming lawful use of land that would not be
allowed under the terms of this chapter may be continued as an allowed, legal, non conforming
use, defined in TMC Chapter 18.06 or as hereafter amended, so long as that use remains lawful,
subject to the following:
a. No such non conforming use shall be enlarged, intensified, increased or
extended to occupy a greater use of the land, structure or combination of the two, than was
occupied at the effective date of adoption of this chapter except as authorized in TMC Section
18.66.120.
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b. No non conforming use shall be moved or extended in whole or in part to any
other portion of the lot or parcel occupied by such use on the effective date of adoption of this
chapter.
c. If any such non conforming use ceases for any reason for a period of more than
24 consecutive months, any subsequent use shall conform to the regulations specified by in this
chapter for the shoreline environment in which such use is located. Upon request of the owner,
prior to the end of the 24 consecutive months and upon reasonable cause shown, the City
Council may grant an extension of time beyond the 24 consecutive months using the criteria set
forth in TMC Section 18.44.130(E)4.
d. If a change of use is proposed to a use determined to be non conforming by
application of provisions in this chapter, the proposed new use must be a permitted use in this
chapter or a use approved under a Type 2 permit with public notice process. For purposes of
implementing this section, a change of use constitutes a change from one permitted or
conditional use category to another such use category as listed within the Zoning Code.
e. A structure that is being or has been used for a non conforming use may be used
for a different non conforming use only upon the approval of a Type 2 permit subject to public
notice. Before approving a change in non conforming use, the following findings must be
made:
1) No reasonable alternative conforming use is practical;
2) The proposed use will be at least as consistent with the policies and
provisions of the SMP and as compatible with the uses in the area as the non conforming use;
3) the use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
4) The structure(s) associated with the non conforming use shall not be
expanded in a manner that increases the extent of the non conformity;
5) The change in use will not create adverse impacts to shoreline ecological
functions and /or processes;
6) The applicant restores and/ or enhances the entire shoreline buffer, including
but not limited to, paved areas no longer in use on the property, to offset the impact of the
change of use per the vegetation management standards of this chapter. This may include the
restoration of paved areas to vegetated area if no longer in use;
7) The use complies with the Type 2 permit process of TMC Chapter 18.104;
and
8) The preference is to reduce exterior uses in the buffer to the maximum extent
possible.
2. Non Conforming Structures. Where a lawful structure exists on the effective date of
adoption of this chapter that could not be built under the terms of this chapter by reason of
restrictions on height, buffers or other characteristics of the structure, it may be continued as an
allowed, legal structure so long as the structure remains otherwise lawful subject to the
following provisions:
a. Such structures may be repaired, maintained, upgraded and altered provided
that (1) the structure may not be enlarged or altered in such a way that increases its degree of
nonconformity or increases its impacts to the functions and values of the shoreline environment
except as authorized in TMC Section 18.66.120; and (2) the cost of the alterations may not
exceed an aggregate cost of fifty percent (50 of the value of the building or structure in any
three (3) year period base upon its most recent assessment, unless the amount over fifty percent
(50 is used to make the building or structure more conforming, or is use to restore to a safe
condition any portion of a building or structure declared unsafe by a proper authority.
b. Should such structure be destroyed by any accidental means, the structure may
be reconstructed to its original dimensions and location on the lot provided application is made
for permits within 12 months of the date the damage occurred and all reconstruction is
completed within two years of permit issuance. In the event the property is redeveloped, such
re- development must be in conformity with the provisions of this chapter.
c. Should such structure be moved for any reason or any distance whatsoever, it
shall thereafter conform to the regulations of this chapter after it is moved.
d. When a non conforming structure, or structure and premises in combination, is
vacated or abandoned for 24 consecutive months, the structure, or structure and premises in
combination, shall thereafter be required to be in conformance with the regulations of this
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chapter. Upon request of the owner, prior to the end of the 24 consecutive months and upon
reasonable cause shown, the City Council may grant an extension of time beyond the 24
consecutive months using the criteria in TMC Section 18.44.130(E)4.
e. Residential structures and uses located in any single family or multiple family
residential zoning district and in existence at the time of adoption of this chapter shall not be
deemed nonconforming in terms of height, use, or location provisions of this title. Such
buildings may be rebuilt after a fire or other natural disaster to their original dimensions,
location and height, but may not be changed except as provided in the non conforming uses
section of this chapter.
f. Single family structures in single- or multiple family residential zoning districts,
which have legally non conforming setbacks from the OHWM per the SMP buffer, shall be
allowed to expand the ground floor only along the existing building line(s) as long as the
existing distance from the nearest point of the structure to the OHWM is not reduced and the
square footage of new intrusion into the buffer does not exceed 50% of the square footage of the
current intrusion. As a condition of building permit approval, a landscape plan showing
removal of invasive plant species within the entire shoreline buffer and replanting with
appropriate native species must be submitted to the City. Plantings should be maintained
through the establishment period.
g. A non conforming use, within a non conforming structure, shall not be allowed
to expand into any other portion of the structure.
3. For the purposes of this section, altered or partially reconstructed is defined as work
that does not exceed 50% of the assessed valuation of the building over a three -year period.
4. Requests for Time Extension Non conforming Uses and Structures
a. A property owner may request, prior to the end of the 24 consecutive months, an
extension of time beyond the 24 consecutive months. Such a request shall be considered as a
Type 2 permit under TMC Chapter 18.104 and may be approved only when:
1) For a non conforming use, a finding is made that no reasonable alternative
conforming use is practical;
2) For a non conforming structure, special economic circumstances prevent the
lease or sale of said structure within 24 months; and
3) The applicant restores and/ or enhances the shoreline buffer on the property
to offset the impact of the continuation of the non conforming use. For non conforming uses,
the amount of buffer to be restored and /or enhanced will be determined based on the
percentage of the existing building used by the non conforming use for which a time extension
is being requested. Depending on the size of the area to be restored and or enhanced, the
Director may require targeted plantings rather than a linear planting arrangement. The
vegetation management standards of this program shall be used for guidance on any
restoration/ enhancement. For non conforming structures, for each six -month extension of time
requested, 15% of the available buffer must be restored /enhanced.
b. Conditions may be attached to the permit that are deemed necessary to assure
compliance with the above findings, the requirements of the Master Program and the Shoreline
Management Act and to assure that the use will not become a nuisance or a hazard.
5. Building Safety. Nothing in this SMP shall be deemed to prevent the strengthening
or restoring to a safe condition of any non conforming building or part thereof declared to be
unsafe by order of any City official charged with protecting the public safety.
a. Alterations or expansion of a non conforming structure that are required by law
or a public agency in order to comply with public health or safety regulations are the only
alterations or expansions allowed.
b. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
6. Non Conforming Parking Lots.
a. Nothing contained in this chapter shall be construed to require a change in any
aspect of a structure or facility covered thereunder including, without limitation, parking lot
layout, loading space requirements and curb -cuts, for any structure or facility which existed on
the date of adoption of this chapter.
b. If a change of use takes place or an addition is proposed, that requires an
increase in the parking area by an increment less than 100 the requirements of this chapter
shall be complied with for the additional parking area.
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c. If a change of use takes place or an addition is proposed, that requires an
increase in the parking area by an increment greater than 100%, the requirements of this
chapter shall be complied with for the entire parking area.
7. Non Conforming Landscape Areas.
a. Adoption of the vegetation protection and landscaping regulations contained in
this chapter shall not be construed to require a change in the landscape improvements for any
legal landscape area that existed on the date of adoption of this chapter, unless and until the
property is redeveloped or alteration of the existing structure is made beyond the thresholds
provided herein.
b. At such time as the property is redeveloped or the existing structure is altered
beyond the thresholds provided herein and the associated premises does not comply with the
vegetation protection and landscaping requirements of this chapter, a landscape plan that
conforms to the requirements of this chapter shall be submitted to the Director for approval.
Section 14. Appeals Adopted. Updated requirements for shoreline regulations are hereby
adopted to read as follows:
TMC 18.44.140 Appeals
Any appeal of a decision by the City on a Shoreline Substantial Development Permit,
Shoreline Conditional Use or Shoreline Variance must be appealed to the Washington State
Shorelines Hearing Board.
Section 15. Enforcement and Penalties Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.150 Enforcement and Penalties
A. Violations. The following actions shall be considered violations of this chapter:
1. To use, construct or demolish any structure, or to conduct clearing, earth moving,
construction or other development not authorized under a Substantial Development Permit,
Conditional Use Permit or Variance Permit, where such permit is required by this chapter.
2. Any work that is not conducted in accordance with the plans, conditions, or other
requirements in a permit approved pursuant to this chapter, provided the terms or conditions
are stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or posted in
accordance with this chapter.
4. To misrepresent any material fact in any application, plans or other information
submitted to obtain any shoreline use or development authorization.
5. To fail to comply with the requirements of this chapter.
B. Enforcement. It shall be the duty of the Director to enforce this chapter subject to the
terms and conditions of TMC Chapter 8.45.
C. Inspection Access.
1. For the purpose of inspection for compliance with the provisions of a permit or this
chapter, authorized representatives of the Director may enter all sites for which a permit has
been issued.
2. Upon completion of all requirements of a permit, the applicant shall request a final
inspection by contacting the planner of record. The permit process is complete upon final
approval by the planner.
D. Penalties.
1. Any violation of any provision of the SMP, or failure to comply with any of the
requirements of this chapter, shall be subject to the penalties prescribed in TMC Chapter 8.45,
"Enforcement" and shall be imposed pursuant to the procedures and conditions set forth in
that chapter.
2. Penalties assessed for violations of the SMP shall be determined by TMC Section
8.45.100, "Penalties."
3. It shall not be a defense to the prosecution for failure to obtain a permit required by
this chapter that a contractor, subcontractor, person with responsibility on the site, or person
authorizing or directing the work erroneously believed a permit had been issued to the
property owner or any other person.
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E. Remedial Measures Required. In addition to penalties provided in TMC Chapter 8.45,
the Director may require any person conducting work in violation of this chapter to mitigate
the impacts of unauthorized work by carrying out remedial measures.
1. Remedial measures must conform to the policies and guidelines of this chapter and
the SMA.
2. The cost of any remedial measures necessary to correct violation(s) of this chapter
shall be borne by the property owner and /or applicant.
F. Injunctive Relief.
1. Whenever the City has reasonable cause to believe that any person is violating or
threatening to violate this chapter or any rule or other provisions adopted or issued pursuant to
this chapter, it may, either before or after the institution of any other action or proceeding
authorized by this ordinance, institute a civil action in the name of the City for injunctive relief
to restrain the violation or threatened violation. Such action shall be brought in King County
Superior Court.
2. The institution of an action for injunctive relief under this section shall not relieve
any party to such proceedings from any civil or criminal penalty prescribed for violations of
this chapter.
G. Abatement. Any use, structure, development or work that occurs in violation of this
chapter or in violation of any lawful order or requirement of the Director pursuant to this
section, shall be deemed to be a public nuisance and may be abated in the manner provided by
TMC Section 8.45.105.
Section 16. Liability Adopted. Updated requirements for shoreline regulations are hereby
adopted to read as follows:
18.44.170 Liability
A. Liability for any adverse impacts or damages resulting from work performed in
accordance with a permit issued on behalf of the City within the City limits shall be the sole
responsibility of the owner of the site for which the permit was issued.
B. No provision of or term used in this chapter is intended to impose any duty upon the
City or any of its officers or employees that would subject them to damages in a civil action.
Section 17. Applicability of Amended Zoning Code. After the effective date of this
ordinance, Chapter 18.44 of the Zoning Code, as hereby amended shall apply to all properties
subject to the shoreline overlay, provided that nothing contained herein shall be deemed to
override any vested rights or require any alteration of a non conforming use or non conforming
structure, except as specifically provided in Chapter 18.44 of the Zoning Code, as amended.
Section 18. Repealer. Ordinance Nos. 1796 §3 (part), 1775 §2 (part), and 1758 §1 (part), as
codified at Tukwila Municipal Code Chapter 18.44, are hereby repealed.
Section 19. 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 20. 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 upon approval of the
Shoreline Master Program by the Washington State Department of Ecology and publication as
provided by law.
PASSED BY THE CITY COU OF TH C�F TUKWILA, WASHINGTON, at a
Special Meeting thereof this �k day of h 2009.
ATTEST/ UTHENTICATED:
n
Christy O'Fl CMC, City Cork
APPROVED ASQ'RM BY:
O fi the C
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aggerto or
iled with the City Clerk: 1 9- D 9
Passed by the City Council:
Published:
Effective Date: Yu' S C*i.bY\ ao
Ordinance Number:
Page 46 of 46
SUMMARY OF
Ordinance No. 2271
City of Tukwila, Washington
On December 14, 2009 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2271, the main points of which are summarized by its title as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, UPDATING REQUIREMENTS FOR SHORELINE
REGULATIONS TO INCORPORATE NEW STATE REQUIREMENTS;
REPEALING ORDINANCE NOS. 1796 §3 (PART), 1775 §2, AND 1758 §1
(PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.44,
"SHORELINE OVERLAY PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Special Meeting thereof on December 14, 2009.
Published Seattle Times: December 17, 2009.
r7T- ,4)-5
Christy O'Flaherty, CMC, City Clerk v