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HomeMy WebLinkAboutCOW 2010-04-26 Item 4B - Public Hearing - Ordinance Updating Noise RegulationsCAS NUMBER: 10-048 AGENDA ITEM TITLE Noise Regulations Fund Source: Comments: I MTG. DATE I 04/26/10 EXPENDITURE REQUIRED $0 MTG. DATE 04/26/10 COUNCIL AGENDA SYNOPSIS Initials ITEM No. Iv!eeting Date Prepared by Mayors review ouncil review 04/26/10 KAS L I i— i e. 05/03/10 KAS I ITEM LNFORMATIO I ORIGINAL AGENDA DATE: APRIL 26, 2010 CATEGORY Discussion Motion Resolution Ordinance ❑BidAward Public Hearing Other Mtg Date 04/26/10 Mtg Date Mtg Date 05/03/10 Mtg Date 05/03/10 Mtg Date Mtg Date 04/26/10 Mtg Date SPONSOR Council Mayor Adm Svcs DCD n Finance Fire Legal P&R Police PWI SPONSOR'S A Public Hearing on an ordinance updating regulations related to noise will be conducted SUMMARY on 4/26/10. The Council is being asked to consider and approve an ordinance updating regulations related to noise; an ordinance amending the Zoning Code to reflect changes based on new noise regulations; and one resolution setting a fee schedule. REVIEWED BY (l COW Mtg. CA &P Cmte F &S Cmte Utilities Cmte Arts Comm. Parks Comm. I Planning Comm. DA'Z'E: 04/12/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND SOURCE AMOUNT BUDGETED RECORD OF COUNCIL ACTION Transportation Cmte APPROPRIATION REQUIRED $0 $0 ATTACHMENTS Informational Memorandum dated 4/26/10 Noise Ordinance Matrix Ordinance updating Noise Regulations in draft form Ordinance amending the Zoning Code in draft form Resolution establishing a fee schedule in draft form Minutes from the Community Affairs and Parks Committee meeting of 04/12/10 123 124 TO: DISCUSSION City of Tukwila Mayor Haggerton Committee of the Whole FROM: David Haynes, Chief of Police INFORMATIONAL MEMORANDUM Jack Pace, Director, Department of Community Development DATE: April 26, 2010 SUBJECT: Draft Noise Ordinance ISSUE Should the City update its noise ordinance? BACKGROUND Jim Haggerton, Mayor 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. The draft ordinance and fee schedule was presented to the Community Affairs and Parks committee on April 12, 2010 with a recommendation to forward to the Committee of the Whole for a public hearing on April 26, 2010. The committee also requested staff bring forward options for administering residential party variances. The noise code contains regulations that are administered by the Police Department and the Department of Community Development. 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 e Phone 206 -431 -3670 Fax: 206-431-3665 1 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 party a social gathering held at a residence. Residential parties have always been eligible to apply for a variance but the code now specifically calls them out as a source of noise. 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. The new code gives two standards to measure sound and determine if a violation exists under Maximum permissible sound levels (8.22.050): 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. KS /SM Page 2 of 5 1 2 I C: \ternn\XP,rnwise \Noise COW staff report (4 -26 -101 1.docZ: \Noiec Code \Noise CAP staff report (4 26 10).doc 04/22/2010 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: A. In any 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. B. 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; 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 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): 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 are approved by the Director and will not require public notice as permitted in the WAC. Variances for 31 -60 days of noise are also approved by the Director and will include public notice and an opportunity to comment prior to granting the variance. Variances for noise in excess of 60 days will require public notice and a public hearing before the Hearing Examiner. KS /SM Page 3 of 5 04/22/2010 C: \temn\XPemwise \Noise COW staff report (4 -26 -101 1.doc 127 At the CAP meeting, council requested additional options for granting variances for residential parties. Committee members were concerned that residential parties could be granted a variance but that controls were not in place to prevent noise disturbances caused by permitted parties. Concerns were raised over allowing parties without restrictions on time or volume, the criteria for granting a variance, and potential lack of notice to neighboring properties that the party would be occurring. While the new code specifically lists residential, parties as a source of noise, the ability to seek and /or obtain a variance for a residential party is no different in the new versus the old code. If a variance is granted, however, the new code allows the Director to apply conditions specific to the variance request such as restrictions on time or volume and requiring notice to surrounding properties. The City has no record of anyone trying to obtain a variance for a residential party. The problem with parties is not that variances permit too much noise but that noise violations are not enforceable. With the new noise code, the Police Department will be able to more effectively verify noise violations and issue citations. Enforcing the noise code could lead to residents seeking noise variances for residential parties, however the new fee for a variance may deter residents from seeking one. Staff is offering three options for consideration to address the Committee's concerns. Option A: Adopt the new noise code with the modification as shown. 1. Residential party variances require the applicant to notify neighboring properties within a 500 foot radius prior to the variance being granted. 2. A noise variance for a party is not a free pass to make as much noise as one likes. The limitations would be spelled out in the decision and violations of these limitations could still result in a citation being issued. Option B: Revise the code so that variances for residential parties are not permitted. 1. Criteria would need to be written that would allow an application for a variance permit but conditions would be applied that would prevent a resident from gaining any noise allowances for sounds generated by a party. The City of Bellevue offers a version of this solution. They require a "Sound Amplification Permit" for amplified sound but the sound cannot exceed the maximum permissible sound levels allowed in a non amplified situation. Option C: Establish a party permit to be administered by the Police Department. 1. Party permits are fairly common in other states, especially in college towns. 2. Requirements could include: a. A party permit is valid until 12- midnight on weekends and holidays and 10 PM on all other nights. b. Only a maximum of 4 hours of noise /music is allowed. KS /SM Page 4 of 5 04/22/2010 1 28 I C:ltenln \X'Pvrowise \Noise COW staff report (4 -26 -101 l.doc P staff report (1 26 10).doc c. The applicant would have to notify all commercial and residential units within 500 feet at least 48 hours of the event. d. The permit wouldn't have an allowable decibel level. Instead, noise from the event could not be plainly audible 400 feet away. e. The proposal would prohibit multiple permits for similar locations and times and multiple permits within 90 days. f. There must be no history of chronic noise violations. 3. The party permit could have other restrictions not related to noise such as parking requirements, limits on the number of attendees, limits on who attends (invited guests only, no fees may be charged) 4. A party permit would not be a free pass to make as much noise as one likes. The limitations could be spelled out in the code and violations of these limitations could still result in a citation being issued. Violation Penalty section (8.22.150). At the request of the Police Department, changes have been made to the Violation Penalty section. Violations have been changed from misdemeanors to civil penalties for the first two offenses. Third and subsequent violations are misdemeanors. There is also a provision to suspend or revoke city issued permits and /or licenses for the site if two civil penalties have been issued within a one -year period. The section also clarifies that owners, tenants and others are jointly and severally responsible for compliance. RECOMMENDATION Staff recommends addressing the concern of noise from residential parties by adopting the code with the condition that all residential party variances require notification of neighboring properties within 500 feet. This change is shown in the strikethrough version of the ordinance before you tonight. If the Council agrees, staff recommends modifying the ordinance to reflect the residential party variance notification requirements and presenting the changes for adoption at the May 3, 2010 regular meeting along with the revisions to the Title 18 Ordinance, and the draft fee resolution at the May 3, 2010 regular meeting. Attachments: Noise Ordinance matrix Draft Noise Ordinance Draft Title 18 Ordinance Draft fee resolution KS /SM Page 5 of 5 04/22/2010 I C: \temn\XPemwise \Noise COW staff renort (4- 26 -10) 1.doc 129 130 "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. 131 (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 132 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 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. 1 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 I 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 4 133 134 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 DRAFT 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 environment; 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 W; Word Processing Ordinances \Noise.docx DM:ksn 04/22/2010 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 8 135 136 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 Community 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 -1OPM, 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. W:\ Word Processing Ordinances Noise.docx DM:ksn 04/22/2010 Page 2 of 8 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 51.4 -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. Word Processing Ordinances Noise_docx DM:ksn 04 /22/2010 Page 3 of 8 137 138 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 51.4 -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 levels 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 I District of Sound Receiving Property Producing Residential, Residential, Source Daytime Nighttime Commercial Industrial 1 Residential 1 55 dB(A) 45 dB(A) 1 57 dB(A) 1 60 dB(A) 1 Commercial 1 57 dB(A) 47 dB(A) 1 60 dB(A) 1 65 dB(A) 1 Industrial 1 60 dB(A) 50 dB(A) I 65 dB(A) I 70 dB(A) 1 that is: W.\ Word Processing\ Ordinances \Noise.docx DM:ksn 04/22/2010 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 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 least 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. Page 4 of 8 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 imminent 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 W: \Word Processing Ordinances \Noise.docx DMdcsn 04/22/2010 Page 5 of 8 139 140 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 Notice of Public level may be exceeded within Application Hearing a 12 -month period Requirements Requirements 30 days or less 31 -60 days More than 60 days W: Word Processing\ Ordinances Noise. docx DM:ksn 04/22/2010 Variance Permit Type Type 1 Administrative Variance Type 2 Administrative Variance Type 3 Mailed notice Variance pa) No notice No 2 2,) Hearing Mailed notice (1,2) 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 circ (i.e., unusual type or intensity of noise or length of request) to require (additional) public notification procedures, such as 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. (3) In the case of residential parties and prior to granting the variance. the applicant shall provide written notice to all residents within 500 feet of where the event is being held. Men the 500 foot radius includes multi- fanrilu cornvleres. all residents of the consoler shall be notified. 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 shaII 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 Page 6 of 8 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. 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 not 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 Iack of comment 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 W:\ Word Processing Ordinances \Noise.docx DM:ksn 04/22/2010 Page 7 of 8 141 142 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. 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 W: \Word Processing Ordinances \Noise.docx DM:ksn 04/22 /2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 8 of 8 W:\ Word Processing\ Ordinances Title 18 Zoning Code Noise.doc KS:ksn 04 /07/2010 wrr i L1Y 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 TUICWILA 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 CIassification 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. Type 1 Decisions TYPE OF PERMIT Administra tive Variance for Noise 30 days or less (TMC 8.22.120) 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) I Development Permit Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) DECISION MAKER Conmmnity Development Director As specified by ordinance Community Development Director Building Official Community Development Director Community Development Director Page 1 of 4 143 144 TYPE OF PERMIT Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable Tree Permit (TMC Chapter 18.54) Wireless Communication Facility, Minor (TMC Chapter 18.58) 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) W: \Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 04 /07/2020 I DECISION MAKER Community Development Director Community Development Director Community Development Director 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 INITIAL DECISION MAKER Community Development Director Short Plat Committee Community Development Director Short Plat Committee Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Community Development Director Short Plat Committee Community Development Director 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 Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner State Shorelines Hearings Board Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Hearing Examiner Page 2 of 4 TYPE OF PERMIT Wireless Communication Facility, Minor (TMC Chapter 18.58) 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) W: \Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 04/07/2010 INITIAL DECISION MAKER Community Development Director 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 TYPE OF PERMIT I Conditional Use Permit Modifications to Certain Parking Standards (TMC Chapter 18.56) Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) 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 8.22.1201 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 DECISION MAKER Hearing Examiner Hearing Examiner Hearing Examiner I Hearing Examiner I Planning Commission Hearing Examiner Hearing Examiner Hearing Examiner J I Hearing Examiner Hearing Examiner Hearing Examiner INITIAL DECISION MAKER Board of Architectural Review Planning Commission APPEAL BODY (open record appeal) Hearing Examiner APPEAL BODY Superior Court Superior Court Superior Court 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 Planning Commission 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 4 145 146 Type 5 Decisions DECISION TYPE OF PERMIT MAKER Planned Residential Development (PRD), City Council including Major Modifications (TMC Chapter 18.46) Rezone (TMC Chapter 18.84) City Council Sensitive Area Master Plan Overlay (TMC Section City Council 18.45.160) Shoreline Environment Re- designation (Shoreline City Council Master Program) Subdivision Final Plat (TMC Section 17.12.030) I City Council Unclassified Use (TMC Chapter 18.66) I City Council 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 W.\ Word Processing Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 04/07/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: APPEAL BODY Superior Court Superior Court Superior Court Superior Court I Superior Court I Superior Court Page 4 of 4 AF 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 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 Permit Type 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) LDR Other Zones $400 $400 $550 $550 $1,260 $1,260 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2010. Dennis Robertson, Council President Filed with the City Clerk: Passed by the City Council: Resolution Number: Page 1 of I 147 148 I. PRESENTATIONS No presentations. COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 12, 2010 5:00 p.m.; Conference Room #3 CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5:00 p.m. City of Tukwila Community Affairs and Parks Committee PRESENT Councilmembers: Joe Duffle, Chair; Joan Hernandez and Verna Seal Staff: Kathy Stetson, Stacy MacGregor, Mary Hulvey, Jack Pace, Evie Boykan, Bruce Linton, Mayor Haggerton, Steve Lancaster and Kimberly Matej Guests: Chuck Parrish IL BUSINESS AGENDA A. 2011 Minor Home Repair Program Staff is seeking Council authorization to submit the 2011 Community Development BIock Grant application to King County requesting $110,000 for the Minor Home Repair Program. The City's application proposes to continue the Human Services Minor Home Repair Program for Tukwila as well as the fiscal management (via self renewing interlocal agreements) of similar programs for the cities of SeaTac, Des Moines and Covington. This year's proposal asks for additional funding to address work with lead based paint. As with past applications, incorporation of multiple cities into one application makes our request more competitive against other projects. The funding for this program is not a guarantee. UNANIMOUS APPROVAL. FORWARD TO APRIL 26 COW FOR DISCUSSION. B. Interlocal Agreement between Tukwila and King County regarding Permits for the Tukwila South Annexation Area Staff is seeking Council approval of an interlocal agreement with King County for the processing of building permits and land use applications that were filed with King County prior to Tukwila's annexation of the southern most portion of the City. There are currently four permit related items outstanding that were filed with the County prior to the City's annexation (two land use applications, one construction permit and one code enforcement file). This interlocal agreement will allow King County to complete outstanding actions as necessary on these applications and/or files as well as provide continuity of permitting In addition to the interlocal agreement, staff distributed a draft resolution at the Committee meeting which authorizes King County to charge applicant fees as relative and appropriate for the above items. UNANIMOUS APPROVAL. FORWARD TO APRIL 26 COW FOR DISCUSSION. C. DRAFT Noise Ordinance Staff is seeking Council approval of a draft ordinance relating to noise. Adding clarity to definitions, enforcement and standards, this will repeal the current Noise Ordinance which was last amended in 2002. The Committee was provided with an update on the draft ordinance last December (see CAP minutes dated December 14, 2009). At that time, staff suggested the ordinance be separated into two sections (to improve efficiency and enforcement); however, they have since determined that this separation did not provide the 149 150 Community Affairs Parks Committee Minutes April 12. 2010 Paae 2 most efficient means for enforcement. The draft ordinance now applies to the Department of Community Development as well as Police. Highlights of new definitions and enforcement regulations in the draft ordinance include: Inclusion of commercial music (commercial establishments that produce music). Definition of noise sensitive units (i.e.: church, school, hospital or public library). Regulations based on plainly audible sounds which can be detected via unaided hearing, including rhythmic bass or comprehensible musical rhythms that are difficult to measure with a noise meter Removed reference to public disturbance noise, and refer only to noise. A more consistent, reliable and enforceable way to measure potential sound disturbances. Change in penalties for ordinance violations; first and second offenses are civil penalties and will result in monetary fines, and a 3r offense is a misdemeanor. If two civil penalties have been assessed within a one -year period, City- issued permits and/or license for the location may be suspended or revoked until the condition is corrected. Staff reviewed exemptions to the regulations, such as community events and sounds that happen during the daytime hours, and explained the variance process. Variances will be administered based on the number of days noise will be generated. Notice will now be required only when sound exceeds 30 days and only to those tenants that will be affected by the noise. The Committee had a lengthy discussion regarding the criteria for residential party variances including sound limits (i.e.: time, days and distance) and notification to abutting property owners when a variance has been granted. Staff will provide options for addressing these two concerns and the information will be presented to Council when this item moves forward to the COW. Staff reported that this ordinance will be sent to the Department of Ecology for review. STAFF TO PROVIDE REQUESTED INFORMATION. FORWARD TO APRIL 26 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:49 p.m. Next meeting: Monday, March 22, 2010 5:00 p.m. Conference Room 43 Committee Chair Approval Mattes by KAM. Reviewed by KS.