HomeMy WebLinkAboutCAP 2010-04-12 COMPLETE AGENDA PACKET1. PRESENTATION(S)
2. BUSINESS AGENDA
City of Tukwila
Community Affairs
Parks Committee
O Joe Duffle, Chair
O Joan Hernandez
O Verna Seal
AGENDA
MONDAY, APRIL 12, 2010, 5:00 PM
Conference Room #3
RECOMMENDED ACTION
ITEM
a. Minor Home Repair Program for 2011;
Evelyn Boykan, Human Services Manager.
b. Interlocal Agreement with King County related to
processing of building permits and land use
applications for the Tukwila South annexation area;
Jack Pace, Community Development Director.
c. Noise Ordinance;
Jack Pace, Community Development Director.
Distribution:
J. Duffle
J. Hernandez
V. Seal
D. Robertson
Mayor Haggerton
S. Lancaster
E. Boykan
S. Brown
J. Ferrer -Santa Ines
Next Scheduled Meeting: Monday, April 26, 2010
B. Giberson J. Pace
M. Hart D. Speck
S. Hunstock R. Still
5. Kerslake B. Arthur
K. Kertzman C. Parrish
G. Labanara K. Narog
K. Matej S. Kirby
M. Miotke S. Norris
C. O'Flaherty E. Boykan
N. Olivas
Page
a. Forward to 4/26 C.O.W. Pg.1
and 5/3 Regular.
b. Forward to 4/26 C.O.W. Pg.7
and 5/3 Regular.
c. Forward to 4/26 C.O.W. Pg.17
and 5/3 Regular.
Committee Goals:
Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different
cultures represented within the Tukwila community.
Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential
neighborhoods.
Provide legislative support and encouragement to Tukwila residents living in rental communities through programs
that hold owners and /or property managers accountable for providing safe places to live through the implementation
of a rental licensing program.
Formulate an Adopt -a- Neighborhood program that will provide Councilmembers the opportunity to become more
familiar with the changing faces of communities and neighborhoods throughout the City.
Ensure a commitment to continued human services funding in relation to the cost of living through consistent review
of regional, state and federal budgets affecting human services progams and services (a /so assigned to F &S).
Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F &S).
The City of Tukwila strives to accommodate those with disabilities.
Please contact the City Clerk's Office at 206 433 -1800 for assistance.
TO:
FROM: Evie Boykan, Human Services Manager
DATE: April 12, 2010
SUBJECT: Authorization to submit CDBG Application for Minor Home Repair 2011
ISSUE
King County must receive the Mayor's signature by authorization from the City Council to submit
the annual application to King County for Federal Community Development Block Grant (CDBG)
funds. These funds target the Tukwila Minor Home Repair program. For 2011, we again
propose serving as the fiscal administrator for minor home repair in the cities of Tukwila,
SeaTac, Des Moines, and Covington. This program successfully assists low and moderate
income homeowners in maintaining their homes.
BACKGROUND
The Office of Human Services has been administering this program in -house since 2005. In
2009 our contractors served 24 unduplicated households with 165 hours of labor. Tukwila's
current budget for this program is $100,000 for the entire program and $25,000 for Tukwila. We
propose asking for $110,000 to cover work related to new regulations on lead based paint.
DISCUSSION
This application competes county wide with other capital federal applications from both cities
and non profit agencies. Tukwila sits at the table to recommend capital projects, but of course
cannot vote on their own application.
RECOMMENDATION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community and Parks
Jim Haggerton, Mayor
We seek Council support for this application and look forward to discussion at the April 26, 2010
Committee of the Whole Meeting and subsequent May 3, 2010 Regular Meeting.
ATTACHMENTS
Part I of the Application to King County.
W:12010 InfoMemos \MinorHomeRepair2011.doc
Released: March 10, 2010
King County
King County Department of Community and Human Services
Community Services Division
Housing and Community Development Program
PRE- APPLICATION FORM for
2011 CDBG Capital Funds
Deadline: April 9th, 2010
The purpose of this pre application is to assist CDBG applicants with the submission of their project proposals. Using the
answers provided by applicants, we hope to ensure that proposals contain all necessary information to qualify by the final
application deadline. If the proposed project is ineligible under the CDBG Program guidelines, this screening will prevent the
applicant from spending time on an unnecessary final application.
(For paper forms, please type or print legibly)
*North /East sub region
Identify the Sub Region you are located *see bottom of page 4):
Both Sub regions
1. Project Title:
2. Project Location:
Agency Name:
Agency Address:
Contact Person:
Title:
Telephone:
Email Address:
3. On page 2 please provide a brief description of the proposed project. Include the project location, address, the
geographic area the project will serve, and the population group the project will serve in King County.
4. Identify the category to which you are applying
Community Facilities Microenterprise
Pu blic Improvements Parks
5. Identify the population that will be served,
Lo w/Moderate Licome Elderly Persons with Disabilities Hom eless Other:
6. Is acquisition of property or right of way involved? Yes 0 No
CDBG Joint Agreement Cities
Federal Way Renton
Other Grant, State, Federal Funding
Private Fundraising:
Total Other Funds:
Indicate Cities: (check all that apply)
Shoreline
so
8. Estimate amount of funds you anticipate requesting:
King County Consortium CDBG Funds Requested:
Total Other Funds:
Total Project Cost:
King County Community Development Block
Grant (CDBG) Consortium Funding 2011
Total Funding
SUBMITTAL of PRE APPLICATION
REQUIRED to QUALIFY for FUNDING
Tukwila, SeaTac, Des Moines, Covington Minor Home Repair program
The jurisdictional boundaries of Tukwila, SeaTac, Des Moines and Covington
City of Tukwila
6200 Southcenter Blvd, Tukwila,WA 98188
Evelyn Boykan
Human Services Manager
206 433 -7180
eboykan@ci.tukwila.wa.us
Minor Home Repair
Other
$110,000
$0
$110,000
*South sub region
7. Indicate amounts requested from Joint Agreement Cities of Federal Way, Renton or Shoreline and other funders (if any):
Status Indicate one:
Anticipated Committed Award Date
I El
Alternate formats available upon request (206) 296- 9092or TTY:711 (Relay Service)
Return this form by April 9, 2010 by FAX, electronically by e-mail or hand deliver by close of business to:
Kathy Tremper, Community Development Coordinator
King County Housing and Community Development; 401 Fifth Avenue, Suite 510, Seattle, WA 98104.
Telephone: (206) 263 -9097
Fax (206) 296 -0229 TTY: 711 (Relay Service). If sending fax, please confirm that receipt of document with Kathy Tremper.
Kathy.tremper @kingcounty.gov
Alternate formats available upon re9uest (2061296 or TTY:711 (Relay Service)
Response to question 3: Project Description: Describe in detail what you plan to acquire, construct, or rehabilitate. Give specific
details related to the project and proposed use of the CDBG funds. Identify the permits that will be required for the project as well
as any land use approvals (i.e. lot line adjustment, subdivision, rezone, conditional use, etc.) Limit answer to space provided.
Funds will be used to pay licensed contractors to provide minor home repair to income eligible
populations within the jurisdictions of Tukwila, SeaTac, Des Moines and Covington. Staff support
from each respective city is contributed to administer the program at each respective city while the
City of Tukwila provides support as the fiscal agent. Repairs target maintaining the safety and health
of the residents and preserving the housing as well as conserving energy. All permits required by
consistency with city code are obtained as necessary. Activities include but are not limited to
earthquake preparedness, small plumbing and electrical repairs, preventive maintenance activities,
etc. The program is offered to residents on a first come first serve basis with safety and health
concerns being prioritized. This subregional program has successfully widened it's scope of influence
each year by bringing on new city partners to meet the needs of communities with affordable
homeownership housing stock in need of preventive maintenance and repair. The majority of
residents served in the program are extremely low to very low in income. Additional funds have been
added to cover the costs of environmental review and lead based paint regulations.
To request additional information contact King County Housing Community Development
Program (HCD), (206) 293 -9092, or TTY:711 (Relay Service).
ELIGIBLE ACTIVITIES
Fire Protection acquisition, design, construction or rehabilitation of fire protection facilities and purchase of fire protection
equipment.
Relocation relocation payments and assistance to individuals, families or businesses displaced temporarily
or permanently by a CDBG project. A CDBG proposal which may entail relocation must include a relocation plan and budget.
Community Facilities acquisition, design, construction, or rehabilitation of community facilities which primarily serve, or will
serve, low- and moderate income persons. CDBG funds can be used to acquire, rehabilitate, or construct senior centers, food banks,:
emergency shelters, and community clinics.
Minor Home Repair Programs activities related to emergency repairs including activities that protect, repair or arrest the effects
of disasters, imminent threats or physical deterioration that pose an imminent danger to life, health or safety.
Public Infrastructure Improvements paving of gravel streets; installation of curbs, gutters, sidewalks, drainage, etc.
Environmental Quality Projects design, construction or reconstruction of water and sewer projects, flood drainage facilities, and
solid waste disposal facilities to serve existing low- and moderate- income communities or neighborhoods.
Parks, Recreation, Open Space acquisition, design, site preparation, drainage, construction or rehabilitation of parks or
recreational facilities. Any park structure must be permanently affixed. Communities can use these funds to build picnic shelters,
and purchase and install play structures.
Streets, Walkways, and Architectural Barriers street improvements such as curb and roadside drainage; purchase and
installation of traffic signals; construction of walkways, crosswalks, neighborhood roads, parking lots, and pedestrian malls; and
the removal of architectural barriers that bar persons with disabilities and elderly and limit their mobility within the public right of
way.
:Removal of Architectural Barrier A projec t w hich rem oyes material or architectural barriers restri cting m obility and
accessibility of elderly persons or adults meeting t he Bureau of the Census' Current Popul ation Reports def inition of "severely
!disabled" to publicly -owned and privately -owned nonresidential buildings, facilities and improvements, and the common areas of
'residential structures containing more than one dwelling unit is considered to benefit primarily low- and moderate- income persons_
if it is restric ted to the e xtent possible t o t he rem oval of suc h b arriers. (Must b e q ualified t hrough Pu blic Facility or Pu blic
Improvement)
Alternate formats available upon request (2061296-9092 or TTY:711 (Relay Service)
March 10, 2010
April 9, 2010
April 12, 2010 Applications
March /April /May
May 21, 2010
June July 2010
Au 2010 Evaluation
August 13, 2010
August (TBD);
2nd
September 23, 2010
November 2010
January 1, 2011 New
dr
ELIGIBLE RECIPIENTS
Presumed Benefit Certain groups are presumed by HUD to be principally low- and moderate income.
These are abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports
definition of "severely disabled," homeless persons, illiterate persons, persons living with AIDS, and migrant faun workers.
Verification of Benefit For public facility projects: Agency client data must verify the income of those receiving benefit, and at
least 51% of the beneficiaries must be low- and moderate income. For public infrastructure improvement projects of a
neighborhood or community-wide benefit at least 45.2% of the beneficiaries must be low- and moderate- income.
:Income Eligibility (Direct Benefit) Requirements In this case, each direct beneficiary is screened for income to restrict project
benefit to only those persons who are low- and moderate income.
Benefit by Nature /Location of the Project This means that the project activity is of such a nature and in such a location that it
may be concluded that the clientele will be primarily low- and moderate income persons; for instance, a food bank at an assisted
housing project.
Request For Proposal (RFP) application are available for non profit organizations and public agencies only who serve
residents of:
North /East sub region cities: Beaux Arts, Bothell, Carnation, Clyde Hill, Duvall, Hunts Point, Issaquah, Kenmore, Kirkland,
Lake Forest Park, Mercer Island, North Bend, Redmond, Sammamish, Skykomish, Snoqualmie, Woodinville and Yarrow Point.
South sub region cities: Algona, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Maple Valley, Pacific, SeaTac and
Tukwila.
Please return the Pre Application form to: King County Housing and Community Development; Kathy Tremper,
Community Development Coordinator; 401 Fifth Avenue, Suite 510, Seattle, WA 98104. Telephone: (206) 263 -9097
Fax (206) 296 -0229 TTY: 711 (Relay Service). If sending fax, please confirm receipt.
FUNDING TIMELINE
Pre Applications Available on Web
Pre Applications Due (Required to be eligible to submit Application
Available
Technical Assistance Workshops and One on One consultation w /HCD Staff
Applications Due to King County HCD, 12:00 p.m.
Review Process (Applicants may be contacted during this time for additional
information).
Process
Public Forum Applicant Presentations at the King County International Airport
Sub Regions Advisory Group(s) meet finalize award recommendations (if needed)
Meeting (if needed)
JRC Adopts/Modify Recommendations
Applicants are notified of awards
program year begins
King County Community Development Block Grant Consortium Cities are:
*North /East sub region cities: Beaux Arts, Bothell, Carnation, Clyde Hill, Duvall, Hunts Point, Issaquah, Kenmore, Kirkland,
Lake Forest Park, Mercer Island, North Bend, Redmond, Sammamish, Skykomish, Snoqualmie, Woodinville and Yarrow Point.
*South sub region cities: Algona, Black Diamond, Burien, Covington, Des Moines, Enumclaw, Maple Valley, Pacific, SeaTac
and Tukwila.
Alternate formats available upon request 206) 296 -9092 or TTY:711 (Relay Service)
Mayor Haggerton
Community ffairs and Parks Committee
FROM: Jack Pace.
DATE: April 5 201C
SUBJECT: Interlocal agreement between King County and the City of Tukwila relating
to processing of building permits and land use applications for the Tukwila South
annexation area.
TO:
ISSUE
Should the City enter into an interlocal agreement with King County to have King County staff
continue to process any building permits or land use applications that were filed with King
County prior to the Tukwila South annexation becoming effective as they are vested to King
County Code?
BACKGROUND
There are only a couple of building permits and land use applications that were filed with King
County prior to the Tukwila annexation becoming effective. Since these permits are vested to
King County Code these would have to be reviewed under the King County Code.
DISCUSSION
The list of permits that the City received from King County includes two land use applications for
a cell tower; one construction permit to work in the public right -of -way; and one code
enforcement file for an illegal fill. In order for King County to continue to process and complete
these applications an interlocal agreement between the two jurisdictions has to be in approved
by the City Councils of both jurisdictions. A draft interlocal agreement is attached for your
review.
RECOMMENDATION
Jim Haggerton, Mayor
City of Tukwila
INFORMATIONAL MEMORANDUM
ATTACHMENTS
Forward the attached interlocal agreement to the Committee of the Whole to consider on April
26, 2010. If the Committee of the Whole agrees then the next step will be to schedule this item
for Regular Council meeting on May 3, 2010, where the City Council may authorize the Mayor to
sign the interlocal agreement and adopt legislation authorizing the County to charge applicants
fees per King County Code.
Interlocal Agreement between King County and City of Tukwila.
INTERLOCAL AGREEMENT BETWEEN
KING COUNTY AND THE CITY OF TUKWILA
RELATING TO PROCESSING OF BUILDING PERMITS
AND LAND USE APPLICATIONS
THIS AGREEMENT is made and entered into this day by and between the City of Tukwila, a municipal
corporation in the State of Washington (hereinafter referred to as the "City and King County, a home
rule charter County in the State of Washington (hereinafter referred to as the "County
WHEREAS, the City annexed an area of unincorporated King County described in Attachment 1
(referred to herein as the annexation area); and
WHEREAS, all local governmental authority and jurisdiction with respect to the Annexation Area
transfers from the County to'the City upon the date of annexation; and
WHEREAS, the County and City agree that having County staff process various Annexation Area
building permits and land use applications on behalf of the City for a transitional period will assist in an
orderly transfer of authority and jurisdiction; and
WHEREAS, it is the parties' intent by virtue of this Agreement that any and all discretionary decisions
shall be made by the City; and
WHEREAS, this Agreement is authorized by the Interlocal Cooperation Act, RCW Chapter 39.34;
NOW, THEREFORE, in consideration of the terms and provisions, it is agreed by and between the City
and the County as follows:
1. Fees. The City shall adopt legislation authorizing the County to charge applicants fees in
amounts currently specified or hereafter adopted in King County Code Title 27 for applications
processed by the County in accordance with the terms of this Agreement.
2. Pre annexation Building Permit Applications Filed with Kina County.
2.1 Except as otherwise provided for herein, the County shall continue to review on behalf of
the City all vested building related permit applications filed with the County before the effective date of
annexation that involve property within the Annexation Area. For the purposes of this Agreement,
building related permits include but are not limited to building permits, mechanical permits, fire
systems /fire sprinkler permits and clearing and grading permits. Review by the County shall occur in
accordance with the regulations to which the applications are vested. Any decision regarding whether
or when an application has vested shall be made by the City.
2.2 Except as provided in Section 4 of this Agreement, the County's review of building
related permits shall include rendering decisions to approve, condition or deny such applications;
conducting inspections; issuing correction notices, certificates of occupancy, permit extensions and
completion of extensions; and evaluating compliance with approval conditions that extend beyond
issuance of a certificate of occupancy. The County agrees to consult with the City prior to rendering
any administratively appealable building related permit decision. Appeals of building related permit
decisions, if any, shall be processed by the City in the same manner as appeals of land use permits are
addressed in Section 3.4; provided that the City and County may agree to have the County conduct such
appeals on behalf of the City in particular instances where such processing by the County would further
the orderly transition envisioned by this Agreement.
2.3 The County shall receive and process any permit applications made following annexation
that implement conditions of a Commercial Site Development permit issued by the County prior to
annexation. The County shall additionally receive and process ancillary permit applications, such as fire
and mechanical permits, that are made following annexation and that are essential for completion of an
approved project permit.
2.4 The County shall review and make a recommendation to the City on requests to renew
County permits within the Annexation Area that are approaching their expiration date without having
completed the permitted activity. The City shall render any final decisions on such requests.
2.5 The County shall review and render decisions on requests for changes to approved
building related permit plans up to the time that either a certificate of occupancy is issued or final
construction approval has been issued for the project. Following issuance of the certificate of
occupancy or final construction approval, requests for changes to the approved set of plans shall be
referred to the City. The City intends to process such requests as new permit applications.
2.6 The County shall review and make recommendations to the City's designated decision
maker on applications to vary adopted road or drainage standards that are made in conjunction with a
building related application being reviewed by the County pursuant to this Agreement. All final
decisions on such variance applications shall be rendered by the City.
3. Pre annexation Land Use Permit Applications Filed with Kina County.
3.1 Except as otherwise provided for herein, the County shall continue to review on behalf of
the City all vested land use permit applications filed with the County before the effective date of
annexation that involve property within the Annexation Area. Review by the County shall occur in
accordance with the regulations to which the applications are vested. Any decisions regarding whether
or when an application has vested shall be made by the City.
3.2 For those vested land use applications that do not require a public hearing prior to
issuance, the County will continue to process such applications and shall make a report and
recommendation to the City's designated decision maker based upon the regulations under which the
applications are vested. Any decisions to approve, deny, or approve with conditions such applications
shall be made by the City's designated decision maker and will be processed pursuant to the City's
applicable land use review and appeal procedures.
3.3 Notwithstanding any other provision of this Agreement, applications for any rezone and
any associated permit applications shall be referred to the City for all further processing.
3.3 For those vested land use applications that require quasi-judicial or legislative approval,
e.g., subdivision or conditional use, or which involve administrative appeals, the County shall prepare a
report and preliminary recommendation to the City's designated decision maker for a final decision or a
recommendation to the designated decision -maker pursuant to the City's applicable land use review and
Tukwila Interlocal Agreement Page 2 of 8
Building and Land Use Permit Processing
appeal procedures. The City's decision -maker shall not be a County employee. The City shall be
responsible for scheduling, providing notice, conducting any public hearings required, and making any
decision in conjunction with the application. County staff may attend the public hearing to testify with
respect to analysis set forth in the County's report and preliminary recommendation.
3.4. The County shall continue to review those vested subdivision, short subdivision and
binding site plan applications that have not yet received preliminary approval up to the point of making
a recommendation to the City's designated decision maker on preliminary approval. At the request of
the City, County staff shall appear at the public hearing to testify with respect to analysis set forth in the
County's preliminary recommendation.
3.6 For those vested subdivision, short plat and binding site plan applications that have
received preliminary approval prior to annexation, the County shall continue and complete all post
preliminary review up to the point of making a recommendation to the City on final approval. For
purposes of this section, post preliminary review includes: engineering plan approval, final plat, short
plat or binding site plan approval, and construction inspection approval.
3.7 The County shall review and make recommendations to the City's designated decision
maker on applications to vary adopted road or drainage standards that are made in conjunction with a
land use application being reviewed by the County pursuant to this Agreement. All final decisions on
such variance applications shall be rendered by the City.
3.8 The County shall review and render decisions on requests for changes to approved land
use permit engineering plans up to the time that final construction approval has been issued for the
project. Following issuance of final construction approval, requests for changes to the approved set of
plans shall be referred to the City.
4. List of Projects and Notice of Meetins.
4.1 The County will prepare and send to the City a quarterly list of all building, land use and
associated ancillary permit applications pending within the Annexation Area as of the date of
annexation. The list shall include the status of the projects as it is shown in the County Permits Plus
system. The City or County may at any time exclude from this Agreement any application(s) on any
such list upon providing to the County or City ten days advance written notice of its intent to exclude
the application(s). Upon excluding any application from review under this Agreement, the County shall
turn the application over to the City for all further processing.
4.2 The County shall notify the City of all technical screening meetings, pre construction
conferences and engineering pre submittal meetings for projects being reviewed by the County under
this Agreement. Such notice shall be provided promptly upon scheduling of the meeting. The City may
participate in these meetings to learn more about the project and to offer comments.
4.3 The County shall provide the City with a copy of files and records of all land use and
building permit applications processed under this Agreement upon completion of pei mit review,
termination of the Agreement under Section 11 or expiration of the Agreement, whichever comes first.
Tukwila Interlocal Agreement Page 3 of 8
Building and Land Use Permit Processing
5. SEPA Comnliance.
5.1. In order to satisfy the procedural requirements of the State Environmental Policy Act
(SEPA), the City shall serve as lead agency for all Annexation Area building permit and land use
applications, including those being processed by the County pursuant to this Agreement.
5.2. Any and all appeals from SEPA threshold determinations and other SEPA matters
relating to projects within the City shall be heard and decided by the City.
5.3. For those permit applications requiring a SEPA determination, the County will not take
final action upon the application until the City has acted. Upon written request with regard to a
particular project being reviewed by the County, the County agrees to provide technical and
administrative SEPA assistance to the City on that project. Such assistance may include, but is not
limited to:
review of an applicant's environmental checklist and collection of relevant comments and
facts;
preparation of a proposed SEPA threshold determination with supporting documentation for
approval, publication and notice by the County on behalf of the City;
preparation and submittal of a written review and comment on any appeal received on a
SEPA threshold determination recommended by County staff to the City;
attendance at appeal hearings to testify with respect to analysis of environmental impacts,
mitigation measures and the environmental review process;
preparation of any required draft, final, addendum or supplemental EIS for approval of the
City; and
coordination of adopted or required SEPA measures of mitigation with project review staff.
5.4. Any decision whether to condition or deny an application on SEPA grounds shall be made
by the City.
6. Administrative and Ministerial Processing. County review specified in this Agreement is
intended to be of an administrative and ministerial nature only. Any and all final recommendations on
legislative or quasi-judicial decisions or decisions of a discretionary nature shall be made by the City's
designated decision maker and processed pursuant to the City's applicable review and appeal
procedures.
7. Code Enforcement and Financial Guarantees.
7.1. Within a reasonable period following the effective date of this Agreement, the County
shall provide the City with a list and brief explanation of all Annexation Area code enforcement cases
under review by the County at the time of annexation. The City shall be responsible for undertaking any
code enforcement actions following the date of annexation. The County shall provide the City with
copies of any Annexation Area enforcement files requested by the City.
Tukwila Interlocal Agreement Page 4 of 8
Building and Land Use Permit Processing
7.2 Any financial guarantee that is intended to secure compliance with project conditions that
are being or will be reviewed by the City shall be turned over to or posted with the City, which shall
have sole authority and discretion over its release and/or enforcement. Any financial guarantee that has
been posted or is otherwise required in order to guarantee compliance with conditions that are being
reviewed by the County pursuant to this Agreement shall be retained by or posted with the County. On
behalf of the City, the County is authorized to accept such financial guarantees and to release them
where it determines that conditions for release have been satisfied. In making such decisions whether to
release a financial guarantee instrument, the County may at any time seek direction from the City. The
City shall be solely responsible for making any demands or initiating any legal action to enforce
financial guarantees for Annexation Area projects.
7.3 Code enforcement abatement actions necessary to eliminate public health or safety
hazards shall be the sole responsibility of the City.
8. Processing Priority. Within budgetary constraints, the County agrees to process pre- annexation
building and land use applications in accordance with the County's administrative procedures, at the
same level of service as provided to County applications.
9. Fees and Reimbursement.
9.1 In order to cover the costs of providing services pursuant to the terms of this Agreement,
the County is authorized to collect and retain such application and other fees authorized by the County
fee ordinances adopted by the City pursuant to Section 1 above, or as may be modified at some future
date by the County and the City.
9.2 For all applications excluded from County processing or transferred to the City pursuant
to the terms of this Agreement, the County will retain the base permit fee and a percentage of fees
equivalent to the percentage of permit processing and administration performed by the County on the
application. Any remaining application fee amounts received by the County prior to the exclusion or
transfer shall be promptly forwarded to the City.
9.3 In order to cover the costs of providing review, technical and administrative assistance,
and other services not otherwise reimbursed pursuant to this Agreement, including but not limited to
providing testimony at public hearings, the City shall pay the County at such hourly rate as specified in
the version of King County Code Title 27 in effect at the time the services are performed. The County
shall not seek reimbursement under this paragraph for review services performed on an individual
permit application where the County has already been fully compensated for such services by the receipt
of permit application review fees. The County shall provide the City with quarterly invoices for
assistance and services provided, and the City shall tender payment to the County within thirty days
after the invoice is received.
10. Duration. This Agreement shall become effective upon approval by the City and the County
and shall continue until December 31, 2014, unless otherwise tenninated in accordance with paragraph
11 or extended in accordance with paragraph 12.
11. Termination. Either party may terminate this Agreement for good cause shown upon providing
at least sixty (60) days written notice to the other party. Upon expiration or termination of this
Tukwila Interlocal Agreement Page 5 of 8
Building and Land Use Permit Processing
Agreement, the County shall cease further processing and related review of applications it is processing
under this Agreement. The County shall thereupon transfer to the City those application files and
records, posted financial guarantee instruments, and unexpended portions of filing fees for pending land
use and building related applications within the Annexation Area. Upon transfer, the City shall be
responsible for notifying affected applicants that it has assumed all further processing responsibility.
12. Extension. The City and County may agree to extend the duration of this Agreement through
December 31, 2019 or to a date prior thereto. In order for any such extensions to occur, the City shall
make a written request to the County not less than sixty (60) days prior to the otherwise applicable
expiration date. Any agreement by the County to the proposed extension(s) shall be made in writing. If
the parties have not agreed to the extension in writing by the otherwise applicable expiration date, the
Agreement shall expire.
13. Application Process. The County and the City will each prepare and have available for
applicants and other interested parties a document describing the handling of applications based on this
Agreement.
14. Indemnification. Hold Harmless and Defense.
14.1 The County shall indemnify and hold harmless the City and its officers, agents and
employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the
County, its officers, agents, and employees, or any of them, in performing obligations pursuant to this
Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought
against the City, the County shall defend the same at its sole cost and expense, provided that the City
retains the right to participate in said suit if any principal or governmental or public law is involved, and
if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or
jointly against the City and County and their respective officers, agents, and employees, or any of them,
the County shall satisfy the same.
14.2 The City shall indemnify and hold harmless the County and its officers, agents and
employees or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and
damages of any nature whatsoever, by reason or arising out of any negligent action or omission of the
City, its officers, agents, and employees, or any of them, in performing obligations pursuant to this
Agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought
against the county, the City shall defend the same at its sole cost and expense, provided that the County
retains the right to participate in said suit if any principal of governmental or public law is involved; and
if final judgment be rendered against the County and its officers, agents, employees, or any of them, or
jointly against the City and County and their respective officers, agents, and employees or any of them,
the City shall satisfy the same.
14.3 The City and the County acknowledge and agree that if such claims, actions, suits,
liability, loss, costs, expenses and damages are caused by or result from the concurrent negligence of the
City, its agents, employees, and /or officers and the County, its agents, employees, and/or officers, this
section shall be valid and enforceable only to the extent of the negligence of each party, its agents,
employees and /or officers.
Tukwila Interlocal Agreement Page 6 of 8
Building and Land Use Permit Processing
14.4 In executing this Agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility that arises in whole or in part from the
existence or effect of City ordinances, rules, regulations, policies or procedures. If any cause, claim,
suit, action or proceeding (administrative or judicial), is initiated challenging the validity or applicability
of any City ordinance, rule or regulation, the City shall defend the same at its sole expense and if
judgment is entered or damages awarded against the City, the County, or both, the City shall satisfy the
same, including all chargeable costs and attorneys' fees.
15. Personnel. Control of County personnel assigned by the County to process applications under
this Agreement shall remain with the County. Standards of performance, discipline and all other aspects
of performance shall be governed by the County.
16. Administration. This Agreement shall be administered by the County Director of the
Department of Development and Environmental Services or his/her designee, and by the City's
designated decision maker or his/her designee.
17. Amendments. This Agreement is the complete expression of the terms hereto and any oral
representation or understanding not incorporated herein is excluded. Any modifications to this
Agreement shall be in writing and signed by both parties.
18. Legal Representation. The services to be provided by the County pursuant to this Agreement do
not include legal services, which shall be provided by the City at its own expense.
19. Notice of Annexation Area Processing. In the event that the City intends for the County to
conduct permit review in any future City Annexation Area pursuant to this Agreement, the City shall
exercise its best efforts to provide the County with written notice of its intent no less than sixty days
prior to the date County processing of such Annexation Area applications would occur.
20. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection
and benefit of the parties hereto. No other person or entity shall have any right of action or interest in
this Agreement based upon any provision set forth herein.
Tukwila Interlocal Agreement Page 7 of 8
Building and Land Use Perniit Processing
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
KING COUNTY
King County Executive Dated
Approved as to Form:
DANIEL T. SATTERBERG
King County Prosecuting Attorney
By:
Senior Deputy Prosecuting Attorney Dated
CITY OF TUKWILA
Tukwila Dated
Approved as to Form:
City Attorney Dated
Tukwila Interlocal Agreement Page 8 of 8
Building and Land Use Permit Processing
TO:
FROM:
DATE:
SUBJECT:
DISCUSSION
City of Tukwila
Department of Community Development
Community Affairs and Parks C.i mittee
David Haynes, Chief of Police
Jack Pace, Director, Departmen of Community Development
April 12, 2010
Draft Noise Ordinance
ISSUE
Should the City update its noise ordinance?
BACKGROUND
Jim Haggerton, Mayor
Jack Pace, Director
The current noise ordinance was amended in 2002. The City's noise ordinance is
confusing and difficult to enforce. Enforcement of noise regulations for public
disturbance noises is difficult or impractical if the use of a noise measuring device is
required. The variance process is time consuming, costly to the City, and frequently
does not affect the outcome. In 2006, the Director of DCD wrote rules for processing
noise variance requests, as allowed by the noise code. These rules for processing
variance requests need to be revised and codified. There is no record of Department of
Ecology approval for the existing noise code.
In December 2009 staff provided the committee with an overview and update on our
efforts to develop a draft noise ordinance. It was recommended that we return to the
Committee with a draft ordinance.
The noise code contains regulations that are administered by the Police Department
and the Department of Community Development. Although staff originally suggested
that the Noise ordinance be divided into two separate and distinct sections based on
which Department Administrator is designated, during the actual drafting of the
ordinance, it became apparent that such separation would add confusion and not clarity.
Therefore, the draft ordinance before you applies to both departments. The DCD
Director issues variances and fields citizen complaints during the day; the Chief of
Police is charged with enforcing the noise complaint sections of the code.
Included with this staff report is a matrix comparing the current code with the new
proposal. Outlined below is more information about the proposed changes.
6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone 206 -431 -3670 Fax: 206 -431 -3665
Definitions (8.22.020): There are several new definitions and terms included in the new
ordinance:
1. Administrator DCD Director, Police Chief, or designees including the Hearing
Examiner. The addition of "designees" gives the City flexibility and allows code
enforcement to assist police with chronic offenses under a notice and order process.
Specifying the Hearing Examiner clarifies that some noise code violations may
proceed along that enforcement path.
2. Commercial music music originating from or in connection with the operation of
any commercial establishment or enterprise. Noise from commercial music that is
plainly audible at a distance of 50 feet from the property line is a violation of this
code.
3. Noise Sensitive Unit a residence, school, church, hospital, or public library.
Property in an industrial or commercial zone is not a noise sensitive unit unless it is
occupied or used as a residence, school, church, hospital or public library.
4. Plainly audible sound that can be heard. The City of Tacoma adds language to
include "comprehensible musical rhythms" and "rhythmic bass heard by someone
with "unaided hearing faculties." This language has been added to the draft code.
5. Receiving property_ the property within which the sound cannot be exceeded. The
City of Tacoma adds "Individual offices or dwelling units within a building may
constitute a receiving property This language allows police to enforce within an
apartment, condominium or office complex. This language has been added to the
draft code.
6. Residential partv a social gathering held at a residence. Residential parties would
be eligible to apply for a variance.
7. Sound Producina Source anything capable of making sounds. Examples include:
audio equipment, power tools, musical instruments, motor vehicle sound systems
audible at 50 feet from the vehicle itself, and commercial music audible at 50 feet
from the property line.
Measurement of Sound (8.22.040): Verifying nuisance or "public disturbance" noises
under our current code requires standards that are impractical or difficult to use in the
field. The proposed changes to this part of the code are significant and yet establish a
standard that is measurable and verifiable in the field without requiring anything more
than a tape measure or laser measuring tool and the ability to hear.
Our current code refers to the following methods of verifying a noise complaint:
The use of a noise meter to measure the decibel levels requires equipment, training,
meter calibration and calculations to exclude ambient noise from the violation noise.
Use of a noise meter is impractical and rarely used for public disturbance or
nuisance noises. Police officers do not have access to a noise meter, nor are they
trained to use one, to verify decibel levels in the field. Hiring an outside consultant to
conduct the measurements is expensive and not always practical.
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If a noise meter is not used, the current code relies on subjective language to verify
a violation: "...interferes with the peace, comfort and repose of owners or
possessors of real property without regard to sound level measurement..." This
standard proves difficult for police officers to defend in court because it does not use
concrete or measurable standards.
The new code gives options to determine if noise standards can be met and for verifying
violations:
Maximum permissible sound levels (8.22.050): The new code gives two standards to
measure sound and determine if a violation exists.
1. It is a violation to exceed certain decibel levels based on the time of day, the
zone of the source of sound, and the zone of the receiver. This allows projects
using equipment with a known decibel level (WSDOT construction equipment for
example) to determine if a variance is needed prior to starting a project.
2. It is also a violation to make a "plainly audible sound" from a "sound producing
source The plainly audible standard specifies distances and locations, which is
useful to police officers in the field to verify the violation. The plainly audible
standard has two components based on the zoning designation of the receiving
property:
In anv district the following are violations:
A noise from a motor vehicle sound system at a distance of 50 feet from the
vehicle itself.
Commercial music at a distance of 50 feet from the property line of the
commercial establishment.
Any sound that is plainly audible inside a noise sensitive unit (a house,
hospital, library, church or school that is not the source of the sound) during
the nighttime hours.
When receiving property is in a Residential district (LDR, MDR, HDR) an additional
standard is imposed:
A noise from ANY sound producing source that can be heard at a distance of
50 feet from the exterior of the source of the sound;
Our current code also references a 50 foot standard for certain motor vehicle noises,
which we have incorporated in the new code.
Exemptions (8.22.090 8.22.110) There are sounds which are exempt at all times
aircraft in flight, safety and protective devices, emergency equipment, city- sanctioned
parades, sporting events and other public events, construction related and maintenance
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noise (if the receiving property is located in a commercial or industrial district of the
City), and others.
There are sounds which are exempt only during daytime hours bells, chimes,
testing of emergency back -up generators, the firing range, construction- related and
maintenance noise (if the receiving property is located in a residential zone) and others.
Variances (8.22.120): Under the current code, variances to exceed the permissible
noise levels require public notice to owners and all tenants within 1000' of the source of
sound. The majority of noise variances are for nighttime construction projects on
Interstate 5 which typically last only a few nights but may span a one year period. The
notice requirements of the current code require staff to mail notices to many entities that
will not be affected by the noise, such as commercial tenants not occupying their
spaces at night and residents who are too far from the sound source to be disturbed.
This noticing requires staff time and expense, and does not protect the health or welfare
of the general public.
The new code allows for notice only to those tenants affected by the noise, only when
the noise is in excess of 30 days, and to a 500' area. The code also allows provisions
for the Director to require additional noticing and mitigation in order to grant the
variance.
Variances will be processed based on the length of time the noise will be created.
Variances less than 30 days will not require public notice as explained above and as
permitted in the WAC. They are a fairly simple administrative decision. Variances for
31 -60 days of noise will include public notice and an opportunity to comment prior to
granting the variance. They are also an administrative decision. Variances for noise in
excess of 60 days will require public notice and a public hearing before the Hearing
Examiner.
RECOMMENDATION
Staff recommends forwarding this draft ordinance for consideration at the April 26, 2010
Committee of the Whole meeting (public hearing), and subsequent May 3, 2010 Regular
meeting for adoption.
Attachments:
Noise Ordinance matrix
Draft Noise Ordinance
Draft Title 18 Ordinance
Draft fee resolution
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"Old Ordinance"
8.22.010 Policy Findings of Special Conditions
8.22.020 Definitions
8.22.030 Environmental Sound Levels Unlawful
Sounds
"It is unlawful for any person to cause sound, or for any
person in possession of property to permit sound
originating from such property to intrude into the real
property of another person, whenever such sound
exceeds the maximum permissible sound levels
established by this chapter."
8.22.040 Maximum permissible sound levels
Chart referencing dB levels by district
8.22.050 Modifications to Maximum Permissible
Sound Levels
8.22.060 Motor Vehicle Sound Levels Created by
Operation
8.22.070 Muffler Requirements
8.22.080 Modification of Motor Vehicles
8.22.090 Tire Noise
8.22.100 Motor Vehicle Exemptions
1. Sounds created by motor vehicles are subject to the
provisions of TMC 8.22.060 through 8.22.090 and
are exempt from the maximum permissible sound
levels of TMC 8.22.030 through 8.22.050;
2. Sounds created by any motor vehicles when the
sounds are declared public disturbance noises
pursuant to TMC 8.22.110; and
3. Sounds created by any motor vehicle operated off
public highways when the sounds are received within
a residential district of the City."
8.22.110 Public Disturbance Noises
8. Sounds from any motor vehicle audio sound
system...audible at a distance greater than 50 feet...
Noise Ordinance Matrix (TMC 8.22)
Page 1 of 4
"New Ordinance"
8.22.010 Purpose
Whereas statement addresses special conditions; new
purpose is simplified and removes the requirement to use
dB levels.
8.22.020 Definitions
Several additions and clarifications, for example:
"Affected Tenant" for noticing purposes, only those
commercial tenants who will experience the sound;
"Noise Sensitive Unit" real property such as a home,
school, or church;
"Plainly Audible" means sounds that can be heard by an
unaided human ear.
8.22.050 Maximum permissible sound levels includes the
following language: "It is a violation to produce sound in
excess of the permissible sound levels established by this
chapter"
8.22.050 Maximum permissible sound levels
Section 1. Chart referencing dB levels by district and time
of day.
Section 3. Adds an entirely new section to disallow sounds
that are plainly audible based on distance from the sound
source, district sound is received in, type of sound, and time
of day.
8.22.050 Maximum permissible sound levels
Section 2. Modifications are enumerated
Section deleted at the request of Police Department.
Requires the use of dB meter, which they do not have for
every officer.
8.22.060 Muffler requirements
No change from previous
8.22.070 Modification of motor vehicles
Minor editing for clarity. No substantive change
8.22.080 Tire noise
No change from previous
8.22.090 Motor vehicle exemptions
1. Updated TMC reference numbers.
2. Deleted references to public disturbance noise
3. "Vehicles operated off public highways" reference has
moved to 8.22.050(3)(b); added a section addressing
motor vehicle audio systems operated anywhere are
subject to the maximum permissible sound levels.
Deleted entire section. No distinction is now made between
"public disturbance" and other noises. All noises in excess
of the limits in this chapter are violations.
8.22.050 3a1 Max permissible sound levels.
8.22.120 Exempted Noises
"No sound source specifically exempted from a
maximum permissible sound level by this chapter
shall be a public disturbance noise, insofar as the
particular source is exempted."
8.22.130 Sounds Exempt at All Times
(5) Sounds created by auxiliary equipment on motor
vehicles used for highway maintenance.
8.22.140 Sounds Exempt During Daytime Hours
8.22.150 Sounds Exempt from Nighttime
Reduction
Noise Ordinance Matrix (TMC 8.22)
Deleted entire section —this section caused the greatest
problems in administering the code. Public disturbance
noises were still subject to the maximum permissible sound
levels. "Public disturbance" noises are not differentiated in
our new code.
8.22.100 Sounds exempt at all times
Edited for clarity.
Added the following (paraphrased):
(9) Sounds created by construction...when the receiving
property is commercial or industrial. This was moved from
the public disturbance section to this section with no
substantive change in the allowance.
(10) Maintenance equipment noise (lawnmowers, leaf
blowers, etc) when receiving property is in commercial or
industrial district Since the current and new code allows
construction at all times in non residential zones, it is
sensible to also allow maintenance equipment. The old code
allowed daytime residential maintenance equipment but was
silent on commercial /industrial maintenance equipment.
(11) Highway maintenance noise when the receiving property
is in Commercial or Industrial district. The next section
exempts all daytime highway construction noise.
Added language permitting the Administrator to require noise
abatement technology subject to provisions of RCW 34.05
8.22.110 Sounds Exempt during daytime hours
Edited for clarity.
Added the followina (paraphrased):
A. (6) Highway maintenance construction noise
A. (7) Testing of back up generators or other emergency
equipment. Research revealed that back -up generator
testing creates a substantially lower noise level than running
the generator. Back -up generators are located throughout
the City at every lift station, most public serve locations and
some commercial businesses. The City has no record of
ever receiving a noise complaint from generator testing.
Allowing daytime testing permits the situation that is currently
in place. Testing typically occurs monthly.
B. Same language as 8.22.100 regarding Administrator's
ability to require installation of noise abatement technology
Moved to 8.22.100
Page 2 of 4
8.22.160 Variance Procedure
A -B. Allows variances and allows the director to
promulgate rules for variances
C -D. Variance criteria based on type of variance
E. Extensions of variances (allowed for up to a year)
F. Appeals of variance decisions
8.22.170 Types of Variances
Describes variance types as 60 days or less;
variances for noise that cannot technically be
controlled; and variances for noise that are cost
prohibitive to control and require extended time to
mitigate.
8.22.180 Variances Administrator's Authority
This is additional criteria for a variance.
8.22.190 Authority of Administrator
8.22.200 Duties of Administrator
8.22.210 Measurement of Sound
8.22.220 Measurement Technical correction
8.22.230 Receiving Properties Within More Than
One District
8.22.240 Enforcement Civil
8.22.250 Right of Appeal Civil Enforcement
Timeliness
8.22.260 Appeal Procedure Civil Enforcement
8.22.270 Enforcement, Criminal Sound Level
Measurement Not Required
8.22.280 Penalties Civil and Criminal
8.22.290 Provisions Not Exclusive Public
Nuisance Declared
8.22.300 Purpose Liability
Noise Ordinance Matrix (TMC 8.22)
8.22.120 Variances (A) allows variances with minor
language change.
8.22.030 B allows the director to promulgate rules with minor
language changes.
Eliminated this section. Variance criteria is the same for all
variance types.
8.22.130 Extensions are allowed for up to the maximum
time allowed based on the type of variance originally
requested. This section also allows the administrator to
require additional conditions, studies, and noticing.
8.22.120 Variances (C) Appeals are per Title 18.
8.22.120 (H) new section allows for revocation of a variance
permit
8.22.120 Variances
B. Simplifies types of variances based on the number of
days /nights noise will exceed the permitted sound levels in a
one year period.
8.22.120 Variances (E) establishes identical criteria for
variances.
8.22.030 General Powers of the Administrator
Deleted entire section.
Some of the duties enumerated in the old code section
are included under 8.22.030. (Promulgating rules, issuing
violations)
Deleted references to the acquiring, training, and use of
a sound meter; assisting citizens in evaluating and
reducing noise impacts; evaluating noise components in
planning and zoning actions; instituting a public
education program on noise; reviewing the code every
three years.
8.22.040 Measurement of Sound
Added language that clarifies that the use of a sound meter
is not required to verify a noise complaint.
Deleted this section. Specifications for use of a sound meter
are included in 8.22.040.
Deleted this section.
8.22.150 Violation Penalty
Enforcement actions are referred to the City's
Enforcement chapter TMC 8.45 for procedures.
Penalty amounts are included in the ordinance, as they
are different than the penalty amounts in TMC 8.45.
Give administrator the ability to reduce monetary
penalties if the violations have been remedied.
Specifies who is responsible for the violation.
Allows City to use any other remedies provided by law.
Deleted
1 8.22.160 Liability
8.22.140 Fees for variances
Establishes a fee for each of the 3 variance types based on
similar permits in the land use fee schedule.
Page 3 of 4
Director's Rules created 7/21/06. This document
provides detailed procedures including but not limited
to:
Variance Applications
Noticing
Public Meetings
Decision
Extension
These rules were never codified.
Noise Ordinance Matrix (TMC 8.22)
Incorporates and updates the Director's rules into the new
code:
8.22.150D Provides a revised list of application requirements
8.22.120B Notice is only required to go to those that will
experience the noise "affected tenant" exempts notice to
businesses not open when the variance is sought).
Otherwise, notice is per Title 18
8.22.1208 -C requires a public hearing before the Hearing
Examiner pursuant to Title 18
8.22.150G Conditions based on impacts of noise, ability to
control noise, and public comments
8.22.130 Extensions
Page 4 of 4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO
CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING
ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the
physiological and psychological dangers of excessive noise, and to protect, promote and
preserve the public health, safety and welfare; and
WHEREAS, it is the express intent of the City Council to control the level of noise in a
manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose;
and the quality of the envirorunent; and
WHEREAS, it is the express intent of the City Council that noise be prohibited when it
exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others;
and
WHEREAS, the problem of noise in the City has been investigated by the Director of
Community Development and the Chief of Police, and based on these investigations the City
Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions
exist within the City that make necessary any and all differences between this chapter and the
regulations adopted by the Department of Ecology in Chapters 173 58,173 -60 and 173 -62 WAC,
and that make necessary the provision for criminal as well as civil penalties for violation of this
chapter; and
WHEREAS, the City Council has determined that noise that travels more than 50
feet from its source disturbs the peace and repose of its citizens; and
WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or
impractical if a noise measuring device is required under every circumstance; and
WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and
WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology
for review and approval, pursuant to RCW 70.107.060;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows:
Chapter 8.22
NOISE
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Sections:
8.22.010 Purpose
8.22.020 Definitions
8.22.030 General Powers of the Administrator
8.22.040 Measurement of Sound
8.22.050 Maximum Permissible Sound Levels
8.22.060 Muffler Requirements
8.22.070 Modification of Motor Vehicles
8.22.080 Tire Noise
8.22.090 Motor Vehicle Exemptions
8.22.100 Sounds Exempt at all Times
8.22.110 Sounds Exempt During Daytime Hours
8.22.120 Variances
8.22.130 Extension
8.22.140 Fees for Variances
8.22.150 Violation Penalty
8.22.160 Liability
Page 1 of 8
Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows:
8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the
health, safety and welfare of the general public, and not to create or otherwise establish or
designate any particular class or group of persons who will or should be especially protected or
benefited by the terms of this chapter.
Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows:
8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings
set forth in this section, unless a different meaning is clearly indicated by the context in which
the term is used. Terms not defined herein shall be interpreted using the meaning they have in
common usage and to give this chapter its most reasonable application.
1. "Administrator" means the Director of Conununity Development, the Chief of
Police, or their designee, including the Hearing Examiner.
2. "Affected tenant" means a business located within a required public notice area
which conducts business or maintains open hours during the time period in which a noise
variance is sought. For example, businesses closed during the night are not affected tenants
when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only
and not residential tenants.
3. "Audio equipment" means compact disc players, radios, stereo systems, televisions,
video cassette recorders, mp3 players and other such devices.
4. "Commercial music" means music originating from or in connection with the
operation of any commercial establishment or enterprise.
5. "Construction" means any site preparation, assembly, erection, demolition,
substantial repair, alteration, or similar action for or of public or private rights -of -way,
structures, utilities or similar property.
6. "Daytime" means 7AM -10PM, Monday through Friday and 8AM -10PM, Saturday,
Sunday and State recognized holidays.
7. "dB(A)" means the sound level measured in decibels, using the A- weighting
network.
8. "District" or "noise control district" means the land use zones to which the
provisions of this chapter are applied. For the purposes of this chapter:
a. "Residential district" includes zones designated as LDR, MDR and HDR;
b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC,
RCM, TUC, C /LI and TVS; and
c. "Industrial district" includes zones designated as LI, HI, MIC /L and MIC /H.
9. "Emergency work" means work required to restore property to a safe condition
following a public calamity, or work required to protect persons or property from an imminent
exposure to danger, or work by private or public utilities for restoring immediately necessary
utility service.
10. "Equipment" means any stationary or portable device or any part thereof capable of
generating sound.
11. 'Motorcycle" means any motor vehicle having a saddle for the use of the rider and
designed to travel on not more than three wheels in contact with the ground, except that farm
equipment and vehicles powered by engines of less than five horsepower shall not be included.
12. "Motor vehicle" means any vehicle that is self propelled, used primarily for
transporting persons or property upon public highways, and required to be licensed under
RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks
are not "motor vehicles" as the term is used herein.)
13. "Motor vehicle sound systems" means audio equipment installed or used in a motor
vehicle.
14. "Muffler" means a device consisting of a series of chambers or other mechanical
designs for the purpose of receiving exhaust gas from an internal combustion engine and
designed to reduce the sound resulting therefrom.
15. "Nighttime" means 10PM -7AM, Monday through Friday and 10PM -8AM, Saturday,
Sunday and State recognized holidays.
16. "Noise" means the intensity, duration and character of sounds from any and all
sources.
17. "Noise sensitive unit" means real property used as a residence, school, church,
hospital or public library. Property located in an industrial or commercial zone is not a noise
sensitive unit unless it meets the above criteria.
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18. "Person" means any individual, firm, association, partnership, corporation or any
other entity, public or private.
19. "Plainly audible" means sound made by a sound producing source that can be
heard by a person using their unaided hearing faculties. Plainly audible sound includes any
component of sound, including but not limited to, rhythmic bass or comprehensible musical
rhythms. It is not necessary for such person to be able to determine the title, specific words or
artist of music or the content of any speech for the sound to be considered "plainly audible."
20. "Public highway" means the entire width between the boundary lines of every way
publicly maintained by the Washington State Department of Transportation (WSDOT) or any
county or city, when any part thereof is generally for the use of the public for purposes of
vehicular travel or a matter of right.
21. "Real property" means an interest or aggregate of rights in land that is guaranteed
and protected by law; for purposes of this chapter, the term "real property" includes a
leasehold interest.
22. "Receiving property" means real property within which the maximum permissible
sound levels specified herein shall not be exceeded from sources outside such property.
Individual offices or dwelling units within a building may constitute a receiving property.
23. "Residence" means a building regularly or intermittently occupied by a person for
dwelling, lodging or sleeping purposes.
24. "Residential party" means a social gathering held in a place of residence.
25. "Sound level" means the weighted sound pressure level measured by the use of a
metering characteristic and weighted as specified in American National Standards Institute
Specifications, Section 1.4 -1971.
26. "Sound level meter" means a sound level measuring device, either Type I or Type II,
as defined by American National Standards Institute Specifications, ANSI S1.4 -1983.
27. "Sound- producing source" means anything that is capable of making sound. Sound
producing source includes, but is not limited to, the following:
a. air conditioning or heating units, heat pumps, refrigeration units (including
those mounted on vehicles) and swimming pool or hot tub pumps;
b. air horns, bells or sirens;
c. audio equipment;
d. domestic tools, including chain saws, electric drills, electric saws, hammers,
lawn mowers, leaf /snow blowers, and similar tools and devices;
e. loudspeakers or public address systems;
f. musical instruments;
g. human voice;
h. animal sounds;
i. mechanical or electrical noise;
j. vehicle engines or exhaust systems, other than regular traffic upon a highway,
road or street;
k. residential party;
1. motor vehicle sound systems; or
m. commercial music
28. "Warning device" means any device intended to provide public warning of
potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar
alarm or vehicle backup signal, but not including any fire alarm.
Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows:
8.22.030 General Powers of the Administrator.
A. Subject to the provisions of this code, the administrator may take such action as
may be necessary to abate a sound producing source that causes or may cause, by itself
or in combination with any other sound producing source or sources, an unreasonable
or prohibited noise. The administrator may exercise or delegate any of the functions,
powers and duties vested in him or her or in the department by this chapter.
B. The administrator may promulgate such rules as are necessary to effectuate the
purposes of this chapter, including but not limited to, rules setting forth specifications
for the operation, installation, best available technology, or manufacture of sound
generating equipment or devices or sound mitigation equipment or devices.
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C. The administrator may promulgate such rules as are necessary with regard to
standards and procedures to be followed in the measurement of sound pressure levels
governed by the provisions of this chapter.
D. The administrator shall have the power to issue notices of violation for violations
of this chapter.
Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows:
8.22.040 Measurement of Sound.
A. The use of a sound level meter is not required to verify a noise violation.
B. If the measurement of sound is made with a sound level meter, it shall be an instrument
in good operating condition and shall meet the requirement for a Type I or Type II instrument,
as described in American National Standards Institute Specifications, ANSI S1.4 -1983. If the
measurements are made with other instruments or assemblages of instruments, the procedure
must be carried out in such a manner that the overall accuracy shall be at least that called for
in ANSI S1.4 -1983 for Type II instruments.
Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows:
8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess
of the permissible sound IeveIs established by this chapter.
1. No person may produce or permit to be produced sound that exceeds the following
maximum permissible sound levels when measured at or within the boundary of a receiving
property:
District of
Sound
Producing
Source
Residential
Commercial
Industrial
Residential,
Daytime
55 dB(A)
57 dB(A)
60 dB(A)
District of
Receiving Property
Residential,
Nighttime Commercial
45 dB(A) 57 dB(A)
47 dB(A) 60 dB(A)
50 dB(A) 65 dB(A)
Industrial
60 dB(A)
65 dB(A)
70 dB(A) 1
2. At any hour of the day or night, the applicable noise limitations above may be
exceeded for any receiving property by no more than:
a. 5 dB(A) for a total of 15 minutes in any one -hour period;
b. 10 dB(A) for a total of 5 minutes in any one -hour period; or
c. 15dB(A) for a total of 1.5 minutes in any one -hour period.
3. The following also exceeds the maximum permissible sound levels:
a. In all districts of the City, no sound from a sound- producing source is permitted
that is:
1) plainly audible from a motor vehicle sound system at a distance of at least 50
feet from the vehicle itself;
2) plainly audible commercial music at a distance of at Ieast 50 feet from the
property line of the commercial establishment; or
3) plainly audible during nighttime hours from within a noise- sensitive unit of
the receiving property; and
b. When the receiving property is in a residential district, no sound from a sound
producing source is permitted that is plainly audible at a distance of at least 50 feet from the
exterior of a sound producing source, including sounds created by any motor vehicle operated
off public highways.
Section 7. Regulations Amended. TMC Section 8.22.060 shall read as follows:
8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to
permit any person to operate any motor vehicle upon the public highways that is not equipped
with a muffler in good working order and in constant operation.
Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows:
8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle
that has been modified or changed in any way or has had installed any device thereon in any
manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed
by this chapter. It is unlawful for any person to remove or render inoperative or cause to be
removed or rendered inoperative (other than for purposes of maintenance, repair or
replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the
public highway.
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Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows:
8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehicle in such a
manner as to cause or allow to be emitted squealing, screeching or other such sound from the
tires in contact with the ground because of rapid acceleration or excessive speed around corners
or other such reason; provided, that sound resulting from emergency braking to avoid
irnrninent danger shall be exempt from this section.
Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows:
8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public
highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are
exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off
public highways and motor vehicle audio systems operated anywhere are subject to the
provisions of TMC Section 8.22.050.
Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows:
8.22.100 Sounds Exempt at all Times.
A. The following sound producing sources are exempt from the provisions of this chapter
at all times:
1. Aircraft in flight and sounds that originate at airports that are directly related to
flight operations.
2. Safety and protective devices, such as relief valves and fire alarms, where noise
suppression would defeat the intent of the device.
3. Systems used to warn the community of an imminent public danger or attack, such
as flooding, explosion or hurricane.
4. Emergency equipment activated in the interest of law enforcement, activated to
perform emergency work as defined in TMC Section 8.22.020, or activated in response to a
power outage where it is necessary to activate such equipment to preserve the health and safety
of persons or to prevent harm to property.
5. Warning devices not operated continuously for more than five minutes per incident.
6. The operation of equipment or facilities of surface carriers engaged in commerce by
railroad.
7. Natural phenomena.
8. City- sanctioned parades, sporting events and other City- sanctioned public events.
9. Sounds created by construction or the movement of construction related materials,
including but not limited to, striking or cutting sounds from hammers, saws or equipment with
electrical or internal combustion engines emanating from temporary construction sites,
provided the receiving property is located in a commercial or industrial district of the City.
10. Sounds created by hand or powered equipment used in temporary or periodic
maintenance or repair of property, uses or structures, including but not limited to,
lawnmowers, powered hand tools, snow removal equipment, and composters, provided the
receiving property is located in a commercial or industrial district of the City.
11. Sounds created by equipment used for public highway maintenance and
construction, provided the receiving property is located in a commercial or industrial district of
the City.
12. Sounds created by existing or new electrical substations and existing or new
stationary equipment used in the conveyance of water, waste water and natural gas by a utility
are exempt from the nighttime reduction of TMC Section 8.22.050(B) only.
B. Nothing in these exemptions is intended to preclude the administrator from requiring
installation of the best available noise abatement technology consistent with economic
feasibility. The establishment of such requirement shall be subject to the provisions of RCW
34.05.
Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows:
8.22.110 Sounds Exempt During Daytime Hours.
A. The following sound producing sources are exempt from the provisions of this chapter
during daytime hours:
1. Aircraft engine testing and maintenance not related to flight operations, provided
that aircraft testing and maintenance shall be conducted at remote sites whenever possible.
2. Bells, chimes or carillons operating for not more than five minutes in any one hour.
3. Sounds created by construction or the movement of construction related materials,
including but not limited to, striking or cutting sounds from hammers, saws or equipment with
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electrical or internal combustion engines emanating from temporary construction sites,
provided the receiving property is located in a residential district of the City.
4. Sounds created by hand or powered equipment used in temporary or periodic
maintenance or repair of property, uses or structures, including but not limited to,
lawnmowers, powered hand tools, snow removal equipment, and composters, provided the
receiving property is located in a residential district of the City.
5. Sounds created by the installation or repair of essential utility services.
6. Sounds created by equipment used for public highway maintenance and
construction.
7. The testing of emergency back -up generators or other emergency equipment.
B. Sounds originating from the discharge of firearms on shooting ranges authorized under
State and local law are exempt from the provisions of this chapter between 7AM and 9PM,
Monday through Friday and 8AM and 6PM, Saturday, Sunday and State recognized holidays.
C. Nothing in these exemptions is intended to preclude the administrator from requiring
installation of the best available noise abatement technology consistent with economic
feasibility. The establishment of such requirement shall be subject to the provisions of RCW
34.04.
Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows:
8.22.120 Variances.
A. Any person who owns or operates a sound producing source may apply for a variance.
B. Application types are based on the number of days /nights the sound source will exceed
the maximum permissible sound levels as shown in the following table:
Number of days /nights
maximum permissible sound
level may be exceeded within
a 12 -month period
30 days or less
31 -60 days
More than 60 days
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Variance
Permit Type
Type 1
Administrative
Variance
Type 2
Administrative
Variance
Type 3
Variance
Notice of
Application
Requirements
No notice
Mailed notice
(1,2)
Mailed notice
Public
Hearing
Requirements
No
Hearing
No
Hearing
Public
Hearing
(1) Mailed notice shall be provided per TMC Section 18.104.120 excepting that tenants that
are not affected tenants per TMC Section 8.22.020 are not required to be sent notice.
(2) The administrator shall have the discretion in unusual circumstances (i.e., unusual type
or intensity of noise or length of request) to require (additional) public notification procedures,
such (15 causing notice to be published on the City's website, mailed notice provided to a wider
geographic area, and/or notice posted at the site.
C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila
Municipal Code.
D. Applications for a variance to exceed the maximum permissible sound levels shall
supply information, including but not limited to:
1. The nature, source, intensity and location of the sound;
2. The hours during the day and /or night the noise will occur;
3. The number of days and /or nights the noise will occur;
4. The ambient sound level during the time of day or night for which the variance is
being sought;
5. The time period for which the variance is requested;
6. The reason for which the noise violation cannot be avoided;
7. Mitigating conditions the applicant will implement to minimize the sound level
violations;
8. The name, address and means of contacting a responsible party during the hours of
operation for which the variance is requested; and
9. Any additional information or studies regarding any aspect of the requested
variance that is deemed necessary to complete the review of the variance request.
Page 6 of 8
E. No variance in the provisions or requirements of this chapter shall be authorized by the
administrator unless the administrator finds that all of the following facts and conditions exist:
1. There are exceptional or extraordinary circumstances or conditions applying to the
appellant's property or as to the intended use thereof that do not apply generally to other
properties in the same noise control district;
2. Such variance is necessary for the preservation and enjoyment of a substantial
personal or property right of the appellant, such right being possessed by the owners of other
properties in the same noise control district;
3. The authorization of such variance does not endanger public health or safety of
named persons in the same or adjacent noise control districts;
4. The granting of such variance will riot adversely affect the general policy and
purpose of this act as set forth in TMC Section 8.22.010.
F. In authorizing a variance, the administrator may attach thereto such conditions
regarding noise level, duration, type and other considerations as the administrator may deem
necessary to carry out the policy and purpose of this chapter. The variance permit shall
enumerate the conditions of the variance, including but not limited to:
1. Specific dates and times for which the variance is valid;
2. Additional mitigation measures or public notice requirements as determined by the
administrator.
G. In establishing conditions on granting a variance, the administrator shall consider:
1. Whether the public health, safety or welfare is impacted;
2. The social and economic value of the activity for which the variance is sought;
3. The ability of the applicant to apply best practical noise control measures;
4. Physical conditions that create a significant financial hardship in complying with the
provisions of this chapter; and
5. Any comments received during public notice or public meeting, if provided, and
comment or lack of comment received during similar noise generating events in the past.
H. The variance permit may be revoked by the administrator and the issuance of future
variance permits withheld, if there is:
1. Violation of one or more conditions of the variance permit;
2. Material misrepresentation of fact in the variance application; or
3. Material change in any of the circumstances relied upon by the administrator in
granting the variance.
Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows:
8.22.130 Extension.
A. Variances granted pursuant to this chapter may be extended on terms and conditions
applicable to the initial granting of the variance.
B. If granted for a shorter timeframe than otherwise allowed under the permit type, the
holder of a variance permit may request one or more extensions.
C. Prior to granting an extension, the administrator shall consider any comment or lack of
corn vent received during the initial variance period.
D. The administrator may request any information deemed necessary to the consideration
of the extension, including but not limited to noise monitoring reports and an updated
assessment demonstrating there are no practical means known or available for the adequate
abatement or control of the noise involved.
E. Any request for an extension shall be submitted in writing and received by the
administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days
prior to the expiration of a Type 3 variance.
F. A request for an extension does not require re- noticing or a public hearing, but may be
required by the administrator.
Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows:
8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the
variance application is filed with the City. The fees and charges shall be per the Land Use Fee
Schedule most recently adopted by the City Council. The LDR fee in the Land Use Fee Schedule
applies when the entire district of sound source and the entire district of all receiving properties
is LDR. In all other instances, the "Other Zones" fee applies.
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Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows:
8.22.150 Violation Penalty.
A. Every person, entity, firm or corporation who is determined to be in violation of this
chapter has committed a civil infraction and shall be subject to the provisions of TMC Section
8.45.050. The monetary penalties are set forth below:
1. First civil penalty, $250.00.
2. Second civil penalty, $500.00.
3. Third and subsequent violations shall be misdemeanors, the maximum penalty for
which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment.
4. At such time that two civil penalties have been assessed within a one -year period,
City- issued permits and /or Licenses for the site or the site activity may be suspended or
revoked until the condition is corrected.
5. Each day that a property or person is not in compliance with the provisions of this
chapter may constitute a separate violation of this chapter.
B. The administrator may waive or reduce monetary penalties if findings are made
demonstrating that the noise violation has been remedied.
C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings,
commercial establishments, and or real estate upon which a violation of this chapter is found
shall be jointly and severally responsible for compliance with this chapter and jointly and
severally liable for any damages or costs incurred or imposed under this chapter.
D. The penalties set forth in this chapter are not exclusive. The City may avail itself of any
other remedies provided by law.
Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows:
8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be
construed to create or form the basis for any liability on the part of the City, its officers,
employees or agents for any injury or damage resulting from the failure of anyone to comply
with the provisions of this chapter, or by reason or in consequence of any inspection, notice,
order, certificate, permission or approval authorized or issued or done in connection with the
implementation or enforcement pursuant to this chapter, or by reason of any action or inaction
on the part of the City related in any manner to the enforcement of this chapter by its officers,
employees or agents.
Section 18. Repealer. Ordinance No. 2002 is 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 within five days of passage as provided by law. This ordinance
shall take effect and be in full force following review and approval by the Department of
Ecology, pursuant to RCW 70.107.060.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 8of8
Type 1 Decisions
TYPE OF PERMIT
Administrative Variance for Noise 30
days or less (TMC 8.22.1201
Any land use permit or approval issued
by the City, unless specifically
categorized as a Type 2, 3, 4, or 5 decision
by this Chapter
Boundary Line Adjustment, including Lot
Consolidation (TMC Chapter 17.08)
1 Development Permit
Minor modification to design review
approval (TMC Section 18.60.030)
Minor Modification to PRD
(TMC Section 18.46.130)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS
CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO
CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO
REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the noise code of the City of Tukwila establishes permit application types
pursuant to the Zoning Code; and
WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and
procedures and the City wishes to update these permit types to include noise variance
applications; and
WHEREAS, on April 26. 2010, the Tukwila City Council Committee of the Whole, following
adequate public notice, held a public hearing to receive testimony concerning amending the
noise code and adopted a motion recommending the proposed changes; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinances Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19 and 2251
(part), as codified at TMC Section 18.104.010, are amended to read as follows:
18.104.010 Classification of Project Permit Applications
Project permit decisions are classified into five types, based on the degree of discretion
associated with each decision, as set forth in this section. Procedures for the five different types
are distinguished according to who makes the decision, whether public notice is required,
whether a public meeting and /or a public hearing is required before a decision is made, and
whether administrative appeals are provided.
1. Type 1 decisions are made by City administrators who have technical expertise, as
designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will
hold a closed record appeal hearing based on the information presented to the City
administrator who made the decision. Public notice is not required for Type 1 decisions or for
the appeals of those decisions.
DECISION MAKER
Community Development Director
As specified by ordinance
Community Development Director
Building Official
Community Development Director
Community Development Director
Page 1 of 4
TYPE OF PERMIT DECISION MAKER
Sign Permit, except for those sign permits Community Development Director
specifically requiring approval of the
Planning Cominission, or denials of sign
permits that are appealable
Tree Permit (TMC Chapter 18.54) Community Development Director
Wireless Communication Facility, Minor Community Development Director
(TMC Chapter 18.58)
2. Type 2 decisions are decisions which are initially made by the Director or, in certain
cases, other City administrators or committees, but which are subject to an open record appeal
to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an
appeal to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 2 Decisions
TYPE OF PERMIT
Administrative Design Review
(TMC Section 18.60.030)
Administrative Planned
Residential Development
(TMC Section 18.46.110)
Administrative Variance for
Noise 31 -60 days (TMC
Section 8.22.120)
Binding Site Improvement
Plan (TMC Chapter 17.16)
Cargo Container Placement
(TMC Section 18.50.060)
Code Interpretation
(TMC Section 18.90.010)
Exception from Single- Family
Design Standard (TMC Section
18.50.050)
Modification to Development
Standards (TMC Section
18.41.100)
Parking standard for use not
specified (TMC Section
18.56.100)
Sensitive Areas
(except Reasonable Use
Exception) (TMC Chapter
18.45)
Shoreline Substantial
Development Permit (TMC
Chapter 18.44)
Short Plat (TMC Chapter
17.12)
Sign Area Increase
(TMC Section 19.32.140)
Sign Permit Denial
(TMC Chapter 19.12)
Special Permission Parking,
and Modifications to Certain
Parking Standards (TMC
Sections 18.56.065 and .070)
Special Permission Sign,
except "unique sign" (various
sections of TMC Title 19)
INITIAL DECISION
MAKER
Community Development
Director
Short Plat Committee
Community Development Hearing Examiner
Director
Short Plat Committee
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Community Development
Director
Community Development
Director
Community Development
Director
APPEAL BODY
(open record appeal)
Board of Architectural
Review
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Community Development Hearing Examiner
Director
Community Development Hearing Examiner
Director
Community Development Hearing Examiner
Director
Community Development State Shorelines
Director Hearings Board
Short Plat Committee
Community Development
Director
Community Development
Director
Community Development
Director
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Community Development Hearing Examiner
Director
Page 2 of 4
TYPE OF PERMIT
Wireless Communication
Facility, Minor (TMC Chapter
18.58)
3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances and shoreline conditional uses that may be appealed to the State
Shorelines Hearings Board pursuant to RCW 90.58.
Type 3 Decisions
1 TYPE OF PERMIT
Conditional Use Permit
Modifications to Certain Parking
Standards (TMC Chapter 18.56)
Reasonable Use Exceptions under
Sensitive Areas Ordinance (TMC Section
18.45.180)
1 Resolve uncertain zone district boundary
Shoreline Conditional Use Permit (TMC
Section 18.44.050)
Subdivision Preliminary Plat with no
associated Design Review application
(TMC Section 17.14.020)
TSO Special Permission Use (TMC
Section 18.41.060)
Variance (zoning, shoreline, sidewalk,
land alteration, sign)
Variance from Parking Standards over
10% (TMC Section 18.56.140)
Variance for Noise in excess of 60 days
(TMC Section 8.22.120)
Wireless Communication Facility, Major
or Waiver Request (TMC Chapter 18.58)
4. Type 4 decisions are quasi judicial decisions made by the Board of Architectural
Review or the Planning Commission, following an open record hearing. Type 4 decisions may
be appealed to the Hearing Examiner based on the record established by the Board of
Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that
are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58.
Type 4 Decisions
TYPE OF PERMIT
Public Hearing Design Review
(TMC Chapter 18.60)
Subdivision Preliminary Plat
with an associated Design Review
application (TMC Section
17.14.020)
Unique Signs (TMC Section
19.28.010)
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INITIAL DECISION
MAKER
Community Development
Director
1 DECISION MAKER
1 Hearing Examiner
Hearing Examiner
Hearing Examiner
1 Hearing Examiner
Planning
Commission
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
Hearing Examiner
INITIAL DECISION
MAKER
Board of Architectural
Review
Planning Commission
Planning Commission
APPEAL BODY
(open record appeal)
Hearing Examiner
APPEAL BODY 1
Superior Court 1
Superior Court
Superior Court
1 Superior Court
State Shorelines
Hearings Board
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
APPEAL BODY
(closed record appeal)
Hearing Examiner
Hearing Examiner
Hearing Examiner
5. Type 5 decisions are quasi judicial decisions made by the Hearing Examiner or City
Council following an open record hearing. Type 5 decisions may be appealed only to Superior
Court.
Page 3 of 4
Type 5 Decisions
TYPE OF PERMIT
Planned Residential Development (PRD),
including Major Modifications (TMC Chapter
18.46)
Rezone (TMC Chapter 18.84)
Sensitive Area Master Plan Overlay (TMC Section
18.45.160)
Shoreline Environment Re- designation (Shoreline
Master Program)
Subdivision Final Plat (TMC Section 17.12.030)
Unclassified Use (TMC Chapter 18.66)
Section 2. 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 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City within five days of passage as provided by law. This ordinance
shall take effect and be in full force following review and approval by the Department of
Ecology, pursuant to RCW 70.107.060.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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I DECISION
MAKER
City Council
City Council
City Council
City Council
City Council
City Council
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
APPEAL
BODY
Superior Court
1 Superior Court
Superior Court
Superior Court
Superior Court
Superior Court
Page 4 of 4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING RESOLUTION NO. 1672, LAND USE FEE
SCHEDULE, TO INCLUDE A NEW NOISE FEE SCHEDULE.
WHEREAS, the City has adopted a revised Noise Code, pursuant to Tukwila
Municipal Code Chapter 8.22; and
WHEREAS, the City is authorized to impose fees for services rendered; and
'WHEREAS, the amended fee resolution will take effect and be in full force
following review and approval by the Department of Ecology;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
The following fees shall be added to the Land Use Fee Schedule:
Type
Type 1
Type 2
Type 3
Permit Type LDR
Noise Administrative Variance
30 days or less (TMC Section 8.22.140)
Noise Administrative Variance
31-60 days (TMC Section 8.22.140)
Noise Variance
in excess of 60 days (TMC Section 8.22.140)
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2010.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W \Word Processing\Resolutions \Noise Fee Schedule.docx
SM 4/7/2010
F
Other
Zones
$400 $400
$550 $550
$1,260 $1,260
Dennis Robertson, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
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