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HomeMy WebLinkAboutCOW 2010-06-28 Item 4D.1 - Ordinance - Update Noise Regulations as Codified at TMC Chapter 8.22CAS NUMBER. 10-048 AGENDA ITEM TITLE An Ordinance to update the Noise Code. RI-iVIEWED BY Fund Source: Comments. 1 MTG. DATE 1 04/26/10 05/03/10 MTG. DATE 06/28/10 COW Mtg. Utilities Cmte EXPENDITURE REQUIRED $0 COUNCIL AGENDA SYNOPSIS Initials Meetznn Date Prepared by 1 Mayprkieviezv 1 kuncz review 04/26/10 KAS 1 QV 1 kJ 05/03/10 KAS 1_ 06/28/10 SM a)/ I Q Lf 07/06/10 SM 1 1 ITEM _INFORMATION CA &P Cmte Arts Comm. AMOUNT BUDGETED so n F &S Cmte Parks Comm. 1 ORIGINAL AGENDA DATE. APRIL 26, 2010 DATE: 04/12/10 06/14/10 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development Police Department COMMITTEE Forward to Committee of the Whole for discussion COST IMPACT FUND SOURCE RECORD OF COUNCIL ACTION Public Hearing; Recommended to Full Council for adoption Recommend return to CAP w /map options to address citizen's concerns ATTACHMENTS Informational Memorandum dated 6/28/10 Ordinance updating Noise Regulations in draft form Ordinance amending the Zoning Code in draft form Informational Memorandum with attachments from CAP dated 6/14/10 Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 ITEM No. CATEGORY Discussion Motion n Resolution Ordinance BzdAward Public Hearing Other Mtg Date 06/28/10 Mtg Date Mtg Date Mtg Date 7/06/10 Mtg Date Mtg Date 04/26/10 Mtg Date SPONSOR n Council Mayor Adm Svcs DCD n Finance n Fire Legal P&R Police n PW" SPONSOR'S A Public Hearing on an ordinance updating regulations related to noise was conducted on SUMMARY 4/26/10. The Council is being asked to consider and forward to Full Council for adoption a revised draft ordinance updating regulations related to noise and an ordinance amending the Zoning Code to reflect changes based on new noise regulations. Transportation Cmte n Planning Comm. APPROPRIATION REQUIRED $0 116 TO: DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole Jim Haggerton, Mayor FROM: David Haynes, Chief of Police Jack Pace, Director of Department of Community Development DATE: June 28, 2010 (Revised after June 14, 2010 Community Affairs and Parks Committee Meeting) SUBJECT: Draft Noise Ordinance ISSUE Should the City's Noise Code be updated? BACKGROUND The City Council reviewed the proposed Noise Code on May 3, 2010 and asked the Community Affairs and Parks Committee (CAP) to review it again. The Council also asked staff to provide a map of residential uses in non- residential zones and to address nighttime noise incompatibilities between commercial, industrial and residential uses. At the CAP meeting on June 14, 2010, committee members reviewed the map and staff's recommended changes addressing incompatibility issues. Also, testimony was received from Vanessa Zaputil and Mike Hansen. Ms. Zaputil explained that commercial construction and maintenance noises are and will continue to be disruptive at night at her residence located in a commercial zone and she would like to be notified if any events are planned that will generate noise; Mr. Hansen of Sabey Corporation expressed concerns about prohibiting nighttime property maintenance and allowing emergency maintenance. Staff recommended at CAP to add a noticing provision at the onset of a noise generating event and to eliminate the nighttime exemption for property maintenance. Staff spoke further with neighboring jurisdictions, Ms. Zaputil and Mr. Hansen and recommends the following language changes to the proposed ordinance: 1. For all highway projects and for all noise variances, require noticing at the onset of the noise event. 2. Include weather related property maintenance as an emergency exemption. 3. Require a variance for property maintenance and property construction at night in all zones. The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. Following the Council and Committee meetings on the noise ordinance, staff recommends language changes to the proposed ordinance to balance concerns raised by the residential and commercial community 1. As a condition of any variance and for any nighttime highway maintenance noise, require noticing at the onset of the actual noise generating event. Noticing for variance requests is to alert residents of the request but may not provide timely notice when the actual construction occurs. Staff has amended the proposed ordinance to require noticing at the onset of a noise event as a condition of any variances and for all highway construction, even when a variance is not required. This language change will provide timely notice of noise events to all residents, preserves the variance requirements and exemptions, and cuts some expense and staff time by not processing some variances that will likely always be granted. 117 INFORMATIONAL MEMO Page 2 Noticing would only occur for residential uses and can be provided by mail or by door hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City- sponsored projects which will increase staff time and City expense. 2. Amend the definition of "Emergency Work" Staff has amended the proposed ordinance to include a revised definition for "emergency work Changing the definition of "Emergency Work" will insure that property maintenance can occur at night in instances of weather calamites. 3. Not exempt construction and property maintenance during night time hours The new code proposed an exemption for nighttime property maintenance that does not exist in the current code and proposed removing the exemption for construction noises. Following the public hearing process, staff has amended the proposed ordinance to not exempt construction at night and revert to the current code daytime -only exemption of property maintenance. Construction is a known event and could be authorized and mitigated through the variance process. Property maintenance noise known to occur at night could be generated by a wide variety of actions such as sweeping and leaf blowing, maintaining Link light rail track, and commercial carpet shampooing, etc. These noises are exempt during daytime hours and could occur after 1 Opm with mitigation as part of an approved variance. While there is no complaint history with the Police department for nighttime construction or property maintenance, additional conversations with residents and neighboring jurisdictions indicates that maintenance and construction at night is a problem for residents. Allowing nighttime construction and property maintenance noise could potentially disturb 88 residential units and all future residential uses in non residential zones. Nighttime construction and maintenance noises would become subject to the "plainly audible" standard of the new code and would be de facto exempt if not in the range of a noise sensitive unit. RECOMMENDATION The Council is being asked to approve the revised draft ordinance and consider this item at the July 6 2010 Regular Meeting. ATTACHMENTS Revised Draft Noise Ordinance (underline /strikeout of version presented to CAP on April 12, 2010.) June 14, 2010 CAP Informational Memorandum with Attachments 118 C:ltemo\XPGroWise\Noise COW staff reoort (6- 28- 101.docZ \Noiso Code\ 28 10 after -erl `ed'.�d -bT t: D do 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 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 W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 1 of 9 119 120 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 -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 reauired to restore property to a safe operating condition following a weather event, 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. W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM ksn 06/22/2010 Page 2 of 9 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. 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 WA Word Processing Ordinances \Noise (revised final draft ord for COW 6 23).docx DM:ksn 06/22/2010 Page 3 of 9 121 122 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 fine 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. 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 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 District of Sound Receiving Property Producing Residential, I Residential, Source Daytime I Nighttime Commercial Industrial Residential 55 dB(A) I 45 dB(A) 57 dB(A) 60 dB(A) Commercial 57 dB(A) I 47 dB(A) 60 dB(A) 65 dB(A) Industrial 60 dB(A) I 50 dB(A) 65 dB(A) 70 dB(A) 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; or W Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 4 of 9 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. 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. ssr.s: t}e-x —er the eer.st uction related materials, —limited to, strikin saw, er caiH 3en itl� W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 5 of 9 123 124 cicctrica'_ internal combu,tion e_:gi_ 2s a_.._nating `rcrn tent z_cr r constru-etian acs, provided the :c_..1. ;b propc •ty is located in a c r.r.2 :eia' -a_ ir.Anstrial district of the at,. 1£. `'aands created by hand or powe uipment used in ,c_:.rs c: ?fide-die Luc or repair of pr pert) u, s eta es ne4ue r.g 'but tact 1ia+ited to lay \'1L..c ..'a :5, p Y ?2 :2:. :arn val cquil.i`.2r a .1 car:, reeeiivingpreperty is located in a can nc:=eial --er industria4dfstr -ef the City. 149 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 and provided that the applicant shall provide written notice to all residents within 500 feet of the oroiect including all residents of multi-family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. 4-210. 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 electrical or internal combustion engines emanating from temporary construction sites provided the recciving r •ope3t- is- leeatcd in a _csidcnti 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 lo cated in a:eaidential 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 Notice of Public of days /nights the sound Variance Application Hearing source will exceed the Permit Type Requirements Requirements maximum permissible sound levels as shown in the W-\ Word Processing Ordinances \Noise (reused final draft ord for COW 6 23).docx DM:ksn 06/22/2010 Page 6 of 9 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 Type 1 Administrative Variance Type 2 Administrative Variance Type 3 Variance No notice Mailed notice Mailed notice (1,2) 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 intensihi 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 no tice posted at the site. (3) In the case of residential varties and vrior to Qrantine the variance. the avvlicant shall vrovide written notice to all residents within 500 feet of where the event is being held, When the 500 foot radius includes multi- famihi conwlexes, all residents of the comvlex 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 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. 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: W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 7 of 9 125 126 1. Specific dates and times for which the variance is valid, 2. Additional mitigation measures or public notice requirements as determined by the administrator. 3. If the notice of application is for a sound generating event that does not start within thirty days of the notice. the applicant shall provide written notice to all residents within 500 feet of the vroiect including all residents of multi familv complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the oroiect. An affidavit of distribution shall be provided to the City. 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 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 LD° fee the Land Uoc Fee Schedule applies when t'_:c entire district of sc ::d source and the entire district of all receiving properties is LDR. In all other inaten-.ces, 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. W \Word Processing \Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 8 of 9 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 Jim Haggerton, Mayor W \Word Processing Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Filed with the City Clerk: Passed by the City Council. Published. Effective Date: Ordinance Number Page 9 of 9 127 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director, Department of Community Development David Haynes, Chief of Police DATE: June 14, 2010 SUBJECT: Noise Ordinance Update ISSUE BACKGROUND DISCUSSION City of Tukwila Jim Haggerton, Mayor Should we treat noise received by residential uses in commercial and industrial districts differently that we treat noise received by residential uses in residential districts? Should we limit some noises created in commercial and industrial districts when a residential use occurs in that district? The proposed noise ordinance went to Community Affairs and Parks on April 12, 2010. During the public hearing, Council heard testimony from several citizens. At the May 3, 2010 Regular Meeting, Vanessa Zaputil reiterated her testimony and requested Council consider more stringent requirements to protect residential uses in commercial or industrial zones throughout the city, particularly from construction equipment, maintenance noises and other routine noises. She also requested noticing for noise events. The Council requested to see a map that highlights areas where residential uses exist in non residential zones. Council further requested that staff return to the Community Affairs and Parks Committee to review available options for addressing these concerns. State law sets standards that residents in residential districts are to be protected from unreasonable noises, particularly during nighttime hours when most are sleeping and when the ambient noise level is naturally reduced. State law and the current noise code also specifically exempt construction noise from nighttime limits in non residential districts. The proposed ordinance follows the WAC by allowing commercial and industrial activity to continue at night provided that noise from such activity does not spill over into residential districts. The proposed ordinance also exempts property maintenance noise within non residential districts while prohibiting those same noises from being received at night in residential districts. See Attachment A for a comparison between the proposed ordinance, the current code and the WAC. Non residential zones are principally for commercial and industrial uses which are noisier than residential uses. The map, provided as Attachment B, shows identifiable residential uses located in commercial or industrial zones. Tukwila's zoning code allows some form of residential use in every zone in the City. These residential uses range from single family dwellings to mixed -use buildings in commercial zones to caretaker homes on industrial properties. While the data is very limited, there are 88 identified residential units in non residential zones. Of these 88 units, 48 are non conforming residential uses. In the 12 months ending April 10, 2010, the City received 517 noise complaints through the police department. None of these complaints were for construction, highway construction or property maintenance noise that would be exempt under the new code. The new code adds an allowance for the Director to require noise abatement even for exempt sounds 133 134 INFORMATIONAL MEMO Page 2 Per the WAC, the proposed ordinance does not require a variance for highway construction noise in non residential zones and allows any noise variance up to 30 days in residential zones to be granted without notice. If variances and noticing of variance requests were to be required in all zones and for all time frames, applicant expense and staff time for variance requests would increase and the noticing provided for highway construction variance requests often occurs weeks or months before the actual noise generating event. Staff suggests an option to provide applicable notice at the onset of highway construction noise while not increasing the need for variances and a condition that variances granted more than 30 days before the noise event occurs include residential notice at the onset of the noise event. The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. However, the proposed ordinance could be amended to remove the exemptions for property construction noises, highway construction noises, noticing requirements, and /or property maintenance noises (see Attachment C for possible ordinance changes). The pros and cons of these options are detailed below. Issue 1: Remove property construction exemption The current code, the proposed ordinance, and the WAC all exempt nighttime construction noises in commercial and industrial districts. If the ordinance were to remove this exemption and apply the "plainly audible" standard to noise sensitive units in all zones for construction- related noises, then it would be possible for the residence located next to Boeing in the MIC /H zone to cause Boeing to have to cease building construction during nighttime hours. The Segale property could violate the noise ordinance if nighttime construction noise is received by the security residence on that property. In Option 1, existing nighttime construction practices may become violations unless a variance is granted. Variances would increase staff time and applicant expense and would be granted without notice when noise events are less than 30 days. Noise is not a vested right so the introduction of new residential uses could cause existing commercial and industrial -zoned properties to become noise violators. Residential uses in non residential zones could still experience nighttime property construction noise if a variance is granted. The City of Kirkland and City of Tacoma prohibit all property construction noise during nighttime hours. The WAC and Tukwila's current code exempt property construction noise in commercial and industrial districts but prohibit it where it impacts residential -zoned districts. Issue 2: Remove hiahwav construction exemption One of the principal goals of rewriting the noise code was to eliminate the need for variances and noticing for highway work conducted during nighttime hours in non residential zones Highway maintenance variances involve significant staff time and will cost the applicant fees while the variances granted in the last 3 years have not generated any complaints in Tukwila Due to the life safety issues regarding highway construction, nighttime highway construction variances will continue to be granted. (The requirement for highway maintenance variances in the existing code was due to a phrasing error and not likely the intent of the code.) Frequently, WSDOT construction noise is no louder than the ambient noise from the freeway. The WAC exempts highway maintenance noise at night in commercial and industrial districts. Issue 3: As a condition of anv variance and for anv niahttime hiahwav maintenance noise. require noticina at the onset of the actual noise- aeneratina event Noticing of noise variance requests often occur well before a project begins. The noticing is provided to alert citizens of the variance request and may or may not provide timely notice of when the actual construction will occur. Further, the proposed ordinance provides relief from noticing requirements for variances less than 30 days and does not require a variance for highway W 12010 InfoMemos\Noise CAP staff report2(06- 14- 10).doc INFORMATIONAL MEMO Page 3 construction noise in non residential zones. Adding a requirement for noticing at the onset of highway construction and as a condition of all variance requests provides residences an awareness of impending activity and an opportunity to plan accordingly. Noticing would only occur for residential uses and can be provided by mail or by door hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City- sponsored projects which will increase staff time. Noise generating events are often weather dependant and span a significant length of time; noticing at the onset may not sufficiently prepare residents for the entirety of the actual noise occurrences. Issue 4: Remove property maintenance exemption The new code introduces an exemption for nighttime property maintenance. It is reasonable to expect commercial and industrial uses to use maintenance equipment during nighttime hours to prepare for daytime operations but no complaints for nighttime property maintenance have been received. Removing this exemption would mirror the existing noise code by maintaining a violation if citizens located in non residential zones are exposed to nighttime property maintenance noise from commercial and industrial properties. Variances could still be sought. Removing this exemption would make nighttime property maintenance noises subject to the "plainly audible" standard of the new code. The City of Kirkland prohibits property maintenance noise during nighttime hours. The City of Bellevue exempts property maintenance at night. The WAC only exempts property maintenance during the day and only from residential properties. RECOMMENDATION To balance the concerns of the residential community with the needs of commercial and industrial uses, staff recommends the following: Issue 1: Staff recommends no changes to the proposed ordinance and maintaining the construction exemption; Issue 2: Staff recommends no changes to the proposed ordinance and maintaining the highway construction exemption; Issue 3: Staff recommends requiring noticing at the onset of a noise generating event; and Issue 4: Staff recommends removing the exemption for nighttime property maintenance from the proposed ordinance. Staff recommends forwarding the draft ordinance with the recommended amendments to include Issues 3 and 4 for consideration to the Committee of the Whole meeting June 28, 2010. Proposed ordinance changes are included as Attachment C. ATTACHMENTS Attachment A: Table and summary of new code versus old code noise exemptions. Attachment B: Map Attachment C• Possible Ordinance Changes W InfoMemos\Noise CAP staff report2(06- 14- 10).doc 135 INFORMATIONAL MEMO Page 4 ATTACHMENT A Time when Noise is Exempt Aircraft maintenance Utility repair Bells Aircraft in flight Safety equipment Emergency equipment Warning devices Railroad Natural phenomenon Parades Substations Generator testing Construction Power equipment/ maintenance Highway maintenance NEW CODE Days Days Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days Days Days Days 13 6 W InfoMemos \Noise CAP staff report2(06- 14- 10).doc Receiving District Residential OLD CODE WAC 173 -60 Days Days Days Days Days /nights Days /nights Days /nights Variance required and always granted Days Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Days /nights Not exempt Days Days Days Days Days (WAC 173- 62 -040) Receiving District Commercial /Industrial NEW CODE OLD CODE WAC 173 -60 Days Days Days Days Days Days /nights Days /nights Days/n ights Days /nights Days /nights Days /nights Days /nights Days /nights Days Days /nights Days /nights Days /nights Days Days Days /nights Days /nights Days /n ights Days /nights Days /nights Days /nights Days /nights Days /nights Not exempt Days /nights Days Variance required and always granted New code versus old codes: Specify Maximum Permissible Sound levels and give options for determining violations. It is a violation to exceed certain decibel levels based on time of day and district designations. Both codes exempt construction noise from temporary construction sites in commercial and industrial districts at all times. Both codes exempt highway maintenance noise in commercial and industrial districts. The old code also exempts highway maintenance noise in residential districts but because of a language error variances are required for highway maintenance. Both codes exempt property maintenance noise in all districts during the day. The new code also exempts property maintenance noise in commercial and industrial districts during the night. Additionally, in the new code, It is a violation to produce non exempt plainly audible sound that can be heard from within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit" includes residential use in any district. It is a violation to produce plainly audible commercial music at a distance of 50 feet from the property line of the commercial establishment. Days Days /nights Days/n ights Days /nights Days /nights Days /n ights Days /nights Days /nights Days /nights Days /nights Days /nights The WAC is silent on non- residential property maintenance Days /nights (WAC 173- 62 -040) Informational Memo Attachment B Noise Ordinance Review Map 138 INFORMATIONAL MEMO Page 6 ATTACHMENT C: Code Changes if Issue 1 is selected removing property construction exemption Code changes: 8.22.100 Sounds Exempt at all Time. C. Sounds created by construction or the movement of construction related materials, including but not limited to, c iking-e g sounds from hammers, caws 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. 8.22.110 Sounds Exempt During Daytime Hours. 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 electrical or internal combustion engines emanating from temporary construction sites, provided thc receiving property is located in a residential district of thc City. Code Changes if Issue 2 is selected removing highway construction exemption Code change: 8.22.100 Sounds Exempt at all Time. S thc receiving property is located in a commercial or industrial district of the City. No Change: 8.22.110 Sounds Exempt During Daytime Hours 6. Sounds created by equipment used for public highway maintenance and construction. Code Changes if Issue 3 is selected requiring time specific noticing of highway construction Code change: 8.22.100 Sounds Exempt at all Time. 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 and provided that the applicant shall provide written notice to all residences within 500 feet of the oroiect includina all residents of multi family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. Code change: 8.22.120 Variances. 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: 3. If the notice of application for sound aeneratinq events does not include the noise event starting within thirty days of the notice, the applicant shall provide written notice to all residences within 500 feet of the project includina all residents of multi family complexes. Notice shall be Provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the lenath of the proiect. An affidavit of distribution shall be provided to the City. Code Changes if Issue 4 is selected removing property maintenance exemption Code changes: 8.22.100 Sounds Exempt at all Time. 10. Sounds cr na-i ten -er.ce e;„epair -of property, uses or structures, 1 e!c, snow removal equipment, and compostcrs, provided the receiving property is located in a commercial or industrial district of thc City. W12010 InfoMemos\Noise CAP staff report2(06- 14- 10).doc 139 INFORMATIONAL MEMO Page 7 8.22.110 Sounds Exempt During Daytime Hours. 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 eft y 14 0 W InfoMemos\Noise CAP staff report2(06- 14- 10).doc COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes June 14, 2010 5.00 p.m.,- Conference Room #3 City of Tukwila Community Affairs and Parks Committee PRESENT Councilmembers: Joe Duffle, Chair; Joan Hernandez and Verna Seal Staff: Rick Still, Robert Eaton, Jack Pace, Nora Gierloff, Brandon Miles, Stacey MacGregor, Gail Labanara, Rebecca Fox, Ryan Larson, Derek Speck, Steve Lancaster and Kimberly Matej Guests: Mike Hansen, Sabey Corporation; Bob Schofield, Property Owner; Karlyne Iwata, Property Owner; Jordan Blue, Boy Scout Troop 448; Julie Blue, Resident; Vanessa Zaputil, Resident; and Nicholas Lee, Westifield CALL TO ORDER: Committee Chair Duffle called the meeting to order at 5.00 p.m. I. PRESENTATIONS No presentations. H. BUSINESS AGENDA A. Proiect Closeout for Duwamish Riverbend Hill Phase 1— Irrigation and Landscaoinn Staff is seeking Council approval for project closeout, acceptance and release of retainage to Terra Dynamics Inc. for the Duwamish Riverbend Hill Phase I irrigation and landscaping. No change orders were issued during this project. The project was completed ahead of schedule and came in under budget. Irrigation work and hydro seeding onsite are now complete. UNANIMOUS APPROVAL. FORWARD TO JUNE 21 REGULAR MEETING CONSENT AGENDA. B. Grant Applications: Duwamish Gardens Site 2 Phase Staff is seeking Committee approval to submit grant applications to the State Salmon Recovery Board (SRFB) and King Conservation District (KCD) for funding for the design portion of the Duwamish Gardens Site. It is anticipated that if received, grant funding will total approximately $180,000. The design phase is budgeted at $240,000, needing $60,000 of City funding. This project is budgeted in the current CIP (see CIP page 68). COMMITTEE APPROVAL TO MOVE FORWARD WITH GRANT APPLICATION PROCESS. C. Noise Ordinance The draft Noise Ordinance is returning to Committee per the direction of City Council (see May 3, 2010, Regular meeting minutes). Based on testimony given at a public hearing on May 3, Council was specifically interested in further research on options of addressing noise concerns in non residential zones that have residential uses. DCD staff has conducted further research and made changes to the draft ordinance, as appropriate. Consideration was given to potential future issues that may surface as the City sees more mixed use areas and zoning. City staff recognizes the importance of balancing the needs of both residential and commercial zones. In consideration of this balance, staff recommends two changes to the draft ordinance' Require notice at the onset of a noise generating event Require a variance for nighttime property maintenance 141 142 Community Affairs Parks Committee Minutes June 14. 2010 Pape 2 Staff also recommends leaving the construction and highway construction exemptions in the draft ordinance, as is, with no changes. A noise complaint history survey conducted on noise complaints received from April 2009 to April 2010 showed no history of noise complaints regarding property maintenance and construction. Committee members were complimentary of the additional research that staff conducted regarding the ordinance. They identified the comparison table on page 8 of the Committee agenda packet as well as information on ordinances of other cities as very useful. Committee Member Seal mentioned the importance of identifying and recognizing the unintended consequences that may surface as a result this ordinance. She believes that there is great benefit of a full Council discussion on the staff recommendations. Several members of the public were in attendance at the Committee meeting. The following concerns were expressed: Snow Removal Under the draft ordinance, snow removal (on private property compared to public), is considered property maintenance, and could not begin until daytime hours, as defined by the ordinance. Maintenance /Construction Clarification An attendee inquired about the difference between maintenance and construction in regards to work currently being conducted by Sound Transit. Staff responded that the work falls under property maintenance in the draft ordinance and would require a variance for nighttime work. Specific Zoning Exceptions In response to concerns over unintended consequences, a suggestion was made to consider specific zoning exceptions rather than imposing a blanket rule on an entire zoning area. The Committee thanked the citizens for their input and interest in the draft ordinance, and reminded them of the importance of attending Council meetings to express their concerns during the citizen comment opportunity. Due to the magnitude of this issue and the importance of a full Council discussion on the item, the Committee deferred making a recommendation. NO COMMITTEE RECOMMENDATION. FORWARD TO JUNE 28 COW FOR DISCUSSION. D. Sign Code Ordinance Staff is seeking Council approval of a draft ordinance establishing a new Sign Code for the City, replacing the current Sign Code which was written in 1982. The draft Code, presented in draft ordinance format has been reviewed and is recommended by the Planning Commission. A brief overview of the public participation and outreach process for the creation of this draft ordinance was given (documented in detail on page 14 of the Committee agenda packet). The process began in 2007 with the formulation of a Sign Code Advisory Committee. The Sign Code Advisory Committee was concerned specifically with identifying the vision of Tukwila in regards to signage. The Committee did not become involved with the details of the draft ordinance. Other milestone dates include: a joint City Council/Planning Commission meeting held in January 2009, and the Fall of 2009 when the Planning Commission began review of the new Code. The following list highlights differences between the existing and new Sign Code: Due to basing signage regulations on the size of property, the new Code will increase the number of signs allowed for many of Tukwila's businesses. e In order to be consistent with new development patterns, the type of building mounted signs is being amended.