HomeMy WebLinkAboutPermit L96-0020 - CITY OF TUKWILA - MULTIPLE CODE AMENDMENTSL96 -0020
1724 CODE AMENDMENTS
COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN
(CITY -WIDE)
CODE AMENDMENTS TO THE ZONING, SUBDIVISION, SEPA, UTILITY, AND OTHER CODES FOR CONSISTENCY
City of Tukwila
Washington
Ordinance No. % 71 '
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, IMPLEMENTING THE PERMIT
PROCESSING REQUIREMENTS OF RCW. CFI. 36.70B,
AMENDING CHAPTER 18.06 OF THE. TUKWILA
MUNICIPAL CODE, ADDING NEW CHAPTERS TO
TITLE 18 OF THE TUKWILA MUNICIPAL CODE,
PROVIDING FOR STANDARDIZED PROCEDURES
FOR THE SUBMITTAL, REVIEW AND ISSUANCE OF
LAND USE PERMITS, AND PROVIDING
PROCEDURES FOR APPEALS
WHEREAS, RCW ch. 36.70B requires that the City adopt certain procedures for
processing land use permits; and
WHEREAS, the City Council seeks to promote the prompt processing of land use
permits after ample opportunity for public review and comment,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ORDAINS AS FOLLOWS:
CHAPTER 1 - PURPOSE AND DEFINITIONS 3
Section 101 Statement of Purpose 3
Section 18.06.045 Applicant 3
Section 18.06.152 Closed Record Appeal 3
Section 18.06.202 Department 3
Section 18.06.592 Open Record Appeal 3
Section 18.06.594 Open Record Hearing 4
Section 18.06.657 Public Meeting 4
CHAPTER 2 - PERMIT APPLICATION PROCEDURES 4
Section 18.104.010 Classification of Project Permit Applications 4
Section 18.104.020 Consolidation of SEPA Procedures and Appeals 6
Section 18.104.030 Consolidation of permit applications 6
Section 18.104.040 Relationship to SEPA 7
Section 18.104.050 Pre - application Conferences 7
Section 18.104.060 Application Requirements 7
Section 18.104.070 Notice of Complete Application to 'Applicant 9
Section 18.104.080 Notice of Application - Contents 10
Section 18.104.090
Section 18.104.100
Section 18.104.110
Section 18.104.120
Section 18.104.130
Section 18.104.140
Section 18.104.150
Section 18.104.160
Section 18.104.170
Section 18.104.180
Section 18.104.190
Notice of Application - Procedure
Party of Record
Posted Notice
Mailed notice
Time Periods for Permit Issuance
Applications - Modifications to proposal
Vesting
Hearing Scheduling - Notice of Hearing
Notice of Decision
Referral to Other City Departments
Date of Mailing
CHAPTER 3 - CLASSIFICATION OF PERMITS AND APPROVALS
ow
Section 18.108921r Type 1 Decision Process
Section 18.108.020 Type 2 Initial Decision by the Director or Short Plat Committee
Section 18.108.030 Type 3 Decision Process
Section 18.108.040 Type 4 Decision Process
Section 18.108.050 Type 5 Decision Process
Section 18.108.060 Legislative Decisions
CHAPTER 4 - PUBLIC HEARING PROCESSES
Section 18.112.010 Rules Applicable to Public Hearings and Appeals
Section 18.112.020 Report by department, Notice of Hearing
Section 18.112.030 Hearing Scheduling
Section 18.112.040 Hearing Process - Limitations on Testimony
Section 18.112.050 Scope of Decisions
Section 18.112.060 Combined Public Hearing Processes - Other Agencies
CHAPTER 5- APPEAL PROCESSES
Section 18.116.010 Time for Filing Appeal
Section 18.116.020 Dismissal of Untimely Appeals
Section 18.116.030 Notice of Appeal - Contents
CHAPTER 6 - MISCELLANEOUS
Section 601 Severability
Section 602 Effective Date
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CHAPTER 1- PURPOSE AND DEFINITIONS
Section 101. Statement of Purpose
The purpose of this Ordinance is to establish standard procedures for land use permit
applications, public notice, hearings and appeals in the City of Tukwila. These procedures are
designed to promote timely and informed public participation in land use decisions; eliminate
redundancy in the application, permit review, hearing and appeal processes; provide for
uniformity in public notice procedures; minimize delay and expense; and result in development
approvals that implement the policies of the Comprehensive Plan. These procedures also
provide for an integrated and consolidated land use permit and environmental review process
consistent with and are adopted pursuant to chapter 347, laws of 1995.
Section 18.06.045 Applicant
TMC 18.06.045 and Ordinance 17568, §1(part) are amended as follows:
"Applicant" means a property owner or a public agency or public or private utility which owns
a right -of -way or other easement or has been adjudicated the right to an easement pursuant to
RCW 8.12.090, or any person or entity designated in writing by the property or easement owner
to be the applicant for a project permit, and who requests approval for a project permit. any
Section 18.06.152 Closed Record Appeal
A new section TMC 18.06.152 is added to TMC ch. 18.06 as follows:
"Closed Record Appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made after an open record
hearing. Testimony and submission of relevant evidence and information shall not be permitted
at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based
on the testimony, evidence and documents submitted at the open record hearing conducted on the
project permit application.
Section 18.06.202 Department
A new section TMC 18.06.202 is added to TMC ch. 18.06 as follows:
"Department" means the Department of Community Development.
Section 18.06.592 Open Record Appeal
A new section TMC 18.06.592 is added to TMC ch. 18.06 as follows:
"Open Record Appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made without an open
record hearing. Testimony and submission of relevant evidence and information shall be
permitted at the hearing on such an appeal.
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Section 18.06.594 Open Record Hearing
A new section TMC 18.06.594 is added to TMC ch. 18.06 as follows:
"Open Record Hearing" means a quasi-judicial hearing conducted by a hearing body which
creates the official record regarding a permit application. Oral testimony and submission of
relevant evidence and documents shall be permitted at such a hearing.
Section 18.06.657 Public Meeting
A new section TMC 18.06.657 is added to TMC ch. 18.06 as follows:
"Public Meeting" means an informal meeting or workshop to provide public information
regarding a project permit application and to obtain comments about the application from the
public. The information gathered at such a meeting does not constitute part of the official record
regarding a project permit application.
CHAPTER 2 - PERMIT APPLICATION TYPES AND PROCEDURES
A new chapter 18.104 is added to TMC Title 18 as follows:
Section 18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the amount 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.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions are administrative decisions not subject to
administrative appeal. The only appeal for Type 1 decisions is to Superior Court. Public notice
is not required for Type 1 decisions.
Type 1 Decisions:
TYPE OF PERMIT:
DECISION MAKER:
Building Permit
Building Official
Utility Permit
Public Works Director
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission or denials of
sign permits which are appealable
Community Development Director
Land Alteration
Public Works Director
Boundary Line Adjustment, including
Lot Consolidation
Community Development Director
Minor Modification to PRD (TMC
18.46.130)
Community Development Director
Minor modification to BAR approved
design (TMC 18.60.030)
Community Development Director
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
As specified by Ordinance
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C. 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 Board of Adjustment, Planning Commission, City Council, or, in the case of
shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW ch. 90.58.
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Planned
Residential Development (TMC
17.08.040)
Short Plat Committee
Board of Adjustment
Short Plat (TMC 17.08.060)
Short Plat Committee
Board of Adjustment
Binding Site Improvement Plan
(TMC 17.16.090)
Short Plat Committee
Board of Adjustment
Shoreline Substantial
Development Permit (TMC ch.
18.44)
Community Development
Director
State Shoreline
Hearings Board
Decision regarding Sensitive
Areas (except Reasonable Use
Exception) (TMC 18.45.125)
Community Development
Director
Planning
Commission
Special Permission Parking, and
Modifications to Certain Parking
Standards (TMC 18.56.060 and
.070)
Community Development
Director
City Council
Parking standard for use not
specified (TMC 18.56.100)
Community Development
Director
City Council
Code Interpretation (TMC
18.90.010)
Community Development
Director
Board of Adjustment
Special Permission Sign, except
"unique sign" (various sections of
TMC Title. 19)
Community Development
Director
Planning
Commission
Sign Permit Denial (TMC
19.12.040)
Community Development
Director
Planning
Commission
Sign Area Increase (TMC
19.32.140)
Community Development
Director
Planning
Commission
D. Type 3 decisions are quasi-judicial decisions made by the Board of Adjustment
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances which may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline, sidewalk, land
alteration)
Board of Adjustment
Resolve uncertain zone district boundary
Board of Adjustment
E. 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 City Council, which will hold a closed record appeal hearing based on the record
established by the Board of Architectural Review or Planning Commission, except Shoreline
Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to
RCW ch. 90.58.
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TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(closed record appeal)
Shoreline Conditional Use Permit
(TMC 18.44.050)
Planning Commission
State Shorelines
Hearings Board
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.115)
Planning Cornrnission
City Council
Design Review
(TMC ch. 18.60, 18.56.040 and
Shoreline Master Program)
Board of Architectural
Review
City Council
Modifications to Certain Parking
Standards (TMC ch. 18.56.)
Planning Commission
City Council
Conditional Use Permit
(TMC 18.64)
Planning Cornrnission
City Council
Landscaping for Changes to
Nonconforming Uses
(TMC 18.70.090)
Board of Architectural
Review
City Council
Unique Signs (TMC 19.28.010)
Planning Cornrnission
City Council
F. Type 5 decisions are quasi-judicial decisions made by the City Council following an
open record hearing. Type 5 decisions may be appealed only to Superior Court.
TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.12.030)
City Council
Subdivision - Final Plat
(TMC 17.12.040)
City Council
Planned Residential Development
(PRD), including Major Modifications
(TMC ch. 18.46)
City Council
Unclassified Use (TMC ch. 18.66)
City Council
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Rezone (TMC ch. 18.84)
City Council
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
Section 18.104.020 Consolidation of SEPA Procedures and Appeals
Except as provided in TMC 21.04.280, no administrative appeals of procedural and substantive
SEPA decisions shall be permitted. In any case in which an administrative appeal of a procedural
or substantive SEPA decision is made, the hearing on such appeal shall be consolidated with the
hearing on the merits of the underlying perrnit(s).
Section 18.104.030 Consolidation of permit applications
A. Applicants shall have the right to request that all permit applications related to a
single project be processed as a consolidated permit application.
B. All permits included in consolidated permit applications that would require more
than one Type of land use decision process, shall be processed together, including any
administrative appeals, using the highest numbered land use decision Type applicable to the
project application; except that decisions on Type 1 applications shall still be made by the
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responsible administrative agency or officer and shall not be subject to administrative review or
appeal.
Section 18.104.040 Relationship to SEPA
Land use permits that are categorically exempt from review under the State Environmental Policy
Act ( "SEPA ") will not require a threshold determination. For all other projects, the SEPA review
procedures codified in TMC ch. 21.04 are supplemental to the procedures set forth in this
chapter.
Section 18.104.050 Pre - application Conferences
Prior to filing a permit application requiring a Type 1, 2, 3, 4 or 5 decision, the applicant may
contact the Department to schedule a pre - application conference. The purpose of the pre -
application conference is to review and discuss the application requirements with the applicant
and provide comments on the development proposal. The pre - application conference shall be
scheduled by the Department at the request of an applicant, and shall be held in a timely manner.
Section 18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.70B.080 (which requires that the City
specify the contents of a complete application for a land use permit), RCW 36.70B.070 (which
requires the City to determine whether applications are complete within 28 days of submission)
and RCW 36.70B.090 (which requires the City to make a decision on a permit application within
120 days of determining the application is complete), the following standards for permit
applications are established:
A. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof The Department shall not commence
review of any application set forth in this chapter until the applicant has submitted the materials
and fees specified for complete applications. Applications shall be considered complete as of the
date of submittal upon determination by the Department that the materials submitted meet the
requirements of this Section. Except as provided in Subsections B and D of this Section, all land
use permit applications shall include the following in quantities specified by the Department:
1. An application form provided by the Department and completed by the
applicant. The applicant shall be allowed to file a consolidated application for all land use
project permits requested by the applicant for the development proposal at the time the
application is filed.
2. If the water utility serving the site is an entity other than the City, a
current Certificate of Water Availability from the water utility purveyor serving the site pursuant
to TMC 14.36.010.
3. Site percolation data approved by the Seattle -King County Department of
Environmental Health pursuant to TMC 14.36.020 if the site is proposed for development using
a septic system, or a Certificate of Sewer Availability from the sewer utility purveyor serving the
site if the sewer utility serving the site is an entity other than the City.
4. A site plan, prepared in a form prescribed by the Director.
5. Proof that the lot or lots are recognized as separate lots pursuant to the
provisions of TMC Title 17 and RCW ch. 58.17.
6. Any sensitive areas studies required by TMC ch. 18.45.
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7. A completed environmental checklist, if required by TMC ch. 21.04.
8. A list of any existing environmental documents known to the applicant or
the City that evaluate any aspect of the proposed project.
9. A list of any permits or decisions applicable to the development proposal
that have been obtained prior to filing the application or that are pending before the City or any
other governmental entity.
10. A storm water design which meets the requirements set forth in the
Surface Water Design Manual adopted pursuant to TMC 16.54.060(D).
11. For land use permits requiring a Type 3, 4 or 5 decision: current
Assessor's maps and a list of tax parcels to which public notice must be given; a set of mailing
labels addressed to the owners thereof; and a set of mailing address labels addressed to the
occupants thereof, including tenants in multiple occupancy structures, to the extent the owner's
addresses are not the same as the street addresses of the properties to which notice is required.
12. Legal description of the site.
13. A soils engineering report for the site.
14. Traffic study or studies, if required pursuant to TMC 9.48.070.
15. A landscaping plan, if required by TMC ch. 18.52.
16. A tree- clearing plan, if required by TMC ch. 18.54.
17. A parking plan, if required by TMC ch. 18.56.
18. Design review plans and related documents, if required by TMC 18.60 or
the Shoreline Master Program.
19. Verification of applicable contractor's registration number, if required by
RCW 18.27.110.
B. The Director may waive any of the specific submittal requirements listed in this
section that are determined to be unnecessary for review of an application.
C. A permit application is complete for purposes of this section when it meets the
procedural submission requirements of the Department and is sufficient for continued processing
even though additional information may be required or project modifications may be
subsequently undertaken.' determination of completeness shall not preclude the Department
from requesting additional information or studies either at the time of notice of completeness or
subsequently if new or additional information is required or substantial changes in the proposed
action occur, as determined by the Department.
D. There are additional application requirements for the following land use permits,
which must be provided in addition to the materials identified in this Section in order for an
application to be deemed complete:
1. Land altering permit, see TMC 16.54.100, .110 and .230.
2. Construction permits, see TMC Title 16, building and construction codes.
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3. Water system connections, see TMC 14.04.030.
4. Sanitary sewer connection, see TMC 14.12.070.
5. Flood control zone permit, see TMC 16.52.070.
6. Short subdivisions, see TMC 17.08.040.
7. Preliminary subdivisions, see TMC 17.12.030.
8. Final subdivisions, see TMC 17.12.040.
9. Binding site improvement plans, see TMC 17.16.030.
10. Planned residential developments, see TMC 18.46.110.
11. Sign permits, see TMC 19.12.020 and .030.
12. Shoreline substantial development permits, shoreline conditional use
permits and shoreline variances, see TMC ch. 18.44, RCW chapter 90.58 and the applicable
Shoreline Master Program.
E. The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the applicant
to submit a title report or other proof of ownership of the property or other proof of the
applicant's authority to submit an application regarding the property.
F. Applications shall be accompanied by the payment of applicable filing fees, if
any.
Section 18.104.070 Notice of Complete Application to Applicant
A. Within twenty-eight (28) days following receipt of a permit application, the
Department shall mail or provide in person written notice to the applicant that the application is
either complete or incomplete. If the application is incomplete, the notice shall state with
specificity what is necessary to make the application complete. To the extent known by the
Department, the notice shall identify other agencies of local, state, regional or federal
governments that may have jurisdiction over some aspect of the development proposal.
B. An application shall be deemed complete under this section if the Department
does not provide written notice to the applicant that the application is incomplete within the 28
day period as provided herein.
C. If the application is incomplete and the applicant submits the additional
information requested by the Department, the Department shall mail or provide in person
written notice to the applicant, within fourteen (14) days following the receipt of the additional
information, whether the application is complete or what further information, specified by the
Department as provided in Subsection A, is necessary to make the application complete. An
application shall be deemed complete if the Department fails to provide written notice to the
applicant within such 14 day period that the application is incomplete.
D. An application shall be conclusively deemed to be complete on the Department's
issuance of a notice of complete application as provided in Subsections A or C hereof, or the
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expiration of the time periods for issuance of such a notice as provided in Subsections B or C
hereof.
E. The Department shall cancel an incomplete application if the applicant fails to
submit the additional information required by Subsection A or C within ninety (90) days
following notification from the Department that the application is incomplete. The Department
may extend this cancellation date up to 120 additional days if the applicant submits a written
request for an extension prior to cancellation. The request must clearly demonstrate that the
delay is due to circumstances beyond the applicant's control (such as the need for seasonal
wetland data) or unusual circumstances not typically faced by other applicants, and that a good
faith effort has been made to provide the requested materials.
F. The fact that an application is deemed complete pursuant to this section shall not,
under any circumstances, prevent the City from subsequently requesting additional
information or studies regarding any aspect of a proposed project which is deemed
necessary to a complete review of the proposed project.
Section 18.104.080 Notice of Application - Contents
A. A Notice of Application shall be provided to the public and departments and
agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions
and for all Type 1 decisions which require SEPA review, except that a Notice of Application is
not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit
Denial pursuant to TMC 19.12.040.
B. A Notice of Application shall be issued by the Department within fourteen (14)
days following the Department's determination that the application is complete.
C. If the Responsible Official has made a Determination of Significance (DS) under
Chapter 43.21 RCW prior to the issuance of the Notice of Application, notice of the
determination shall be combined with the Notice of Application. If a determination of
significance (DS) has been made prior to the issuance of the Notice of Application, ;the Notice of
Application shall also include the scoping notice required by WAC 197 -11 -360.
D. All required Notices of Application shall contain the following information:
1. The file number.
2. The name of the applicant and the owner of the property, if different than
the applicant.
3. A description of the project, the location, a list of the permits included in
the application and the location where the application and any environmental documents or
studies can be reviewed.
4. A site plan on 8 1/2 x 11 inch paper, if applicable.
5. A statement establishing a public comment period, which shall be fourteen
(14) days for Type 1, 2, 3 and 4 decisions and twenty -one (21) days for Type 5 decisions
following the date of the Notice of Application, provided that a public comment period is not
required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial
pursuant to TMC 19.12.040, and further provided that the comment period for projects requiring
a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in RCW
90.58.140.
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6. The procedures and deadline for filing comments, requesting notice of any
required hearings, and any appeal rights. Any person may comment in writing on the application
during the public comment period, and may participate by submitting either written or oral
testimony, or both, at any hearings, and may request a copy of the decision once made. The
Notice shall specify any appeal procedures that apply to the permit application.
7. For Type 5 decisions, the date, time and place of the public meeting
required by TMC 18.108.120 and an explanation of the purpose of and procedure to be followed
at such meeting.
8. The date, time place and type of hearing, if applicable and scheduled at the
time of notice.
9. The identification of other permits not included in the application to the
extent known by the Department.
10. A statement of the preliminary determination, if one has been made, of
those development regulations that will be used for project mitigation and for determining
consistency with applicable City requirements. z
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E. Additional information is required by RCW ch. 90.58 for Notices of Application
for projects which require a Shoreline Substantial Development permit. 6 v;
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F. Except for a determination of significance, the Department shall not issue a ' w =.
threshold determination pursuant to RCW ch. 43.21C, and the Department shall not issue a co I`
decision or a recommendation on the application until the expiration of the public comment w O
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A. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA vo co,
review, the Notice of Application shall be mailed by first class mail to the applicant and to 01—
departments and agencies with jurisdiction, except that a Notice of Application is not required in = v'
the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant L- p.
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B. For Type 1 decisions and Type 2 decisions which require SEPA review, the z
Notice of Application shall be provided by posting pursuant to TMC 18.104.110, provided that
the Notice of Application for a Type 1 decision involving a single family residence need not be
posted but shall be published one time in a newspaper of general circulation in the City.
C. For Type 3, 4 and 5 applications, the Notice of Application shall be posted
pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120.
D. For applications which require any Shoreline permit, additional notice shall be
provided as required by RCW ch. 90.58.
E. For preliminary plats, additional published notice shall be provided as required by
RCW 58.17.090(a).
F. The Director shall have the discretion in unusual circumstances (i.e., lengthy
utility corridor or right -of -way construction projects) where posting and mailed notice would be
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impractical, to require the notice of application to be published in a newspaper of general
circulation in the area where the proposal is located, in lieu of posting and mailed notice.
Section 18.104.100 Party of Record
Any person who (1) submits comments, in writing, on an application during the public comment
period, (2) requests, in writing, copies of notice of any public hearing on an application (3)
requests, in writing, copies of any decision on the application, (4) testifies on an application at a
public hearing, or (5) who otherwise indicates, in writing, a desire to be informed of the status of
the application, shall be a party of record. The applicant shall always be considered a party of
record.
Section 18.104.110 Posted Notice
A. Posted notice for a proposal shall consist of one or more notice boards prepared
and posted by the applicant within 14 days following the Department's determination of
completeness as follows:
1. A single notice board shall be posted for a project. This notice board shall z
also be used for the posting of the Notice of Decision and any Notice of Hearing, and shall be w
placed by the applicant as follows: re g'
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a. The notice board shall be located at the midpoint of the site street , w o'
frontage or as otherwise directed by the Department for maximum visibility. w z' ,
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b. The notice board shall be five feet inside the street property line 2 �-
except when the board is structurally attached to an existing building, provided that no notice
board shall be placed more than five feet from the street property without approval of the w �.:
Department. _'
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c. Notice boards shall be at least four feet by four feet in size and z
shall be designed, constructed and installed in accordance with specifications promulgated by the , 2 o
Department. D v_�
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d. The top of the notice board shall be between seven to nine feet ~ v`,
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e. The notice board shall be placed so that it is completely visible to p i'
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pedestrians.
2. Additional notice boards may be required by the Department when:
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
c. The Department determines that additional notice boards are
necessary to provide adequate public notice.
3. Notice boards shall be maintained in good condition by the applicant
during the notice period as follows:
a. For Type 3, 4 or 5 decisions, from 14 days after the determination
of completeness until the date of the public hearing on the application.
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b. For Type 2 decisions requiring posted notice of application, from
14 days after the determination of completeness until the later of (i) 14 days after the issuance of
a decision by the Director or other administrative authority, or (ii) the date. of any administrative
appeal hearing on the application.
c. For a Type 1 decision requiring posted notice of application, from
14 days after the determination of completeness until the expiration of the public comment
period.
d. For any project requiring a Shoreline Substantial Development
permit, the notice board shall be posted for a minimum of 30 days.
4. The Department shall have the discretion to determine that removal of the
notice board prior to the end of the notice period, or failure to maintain it in good condition, is
cause for discontinuance of review of the application until the notice board is replaced and
remains in place for a specified time period.
5. An affidavit of posting shall be submitted to the Department by the
applicant within 14 days following the Department's determination of completeness to allow z
continued processing of the application by the Department.
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Section 18.104.120 Mailed notice 6 D
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A. Mailed notice shall be issued by first class mail by the Department within 14 days ' w w
following the Department's detennination of completeness as follows: -J
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1. To owners of record of property within 500 feet of the site, and to the 2
occupants thereof to the extent the street addresses of such properties are different than the IL. s'
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2. To any agency or tribe which the Department may identify as having an z 0;
interest in the proposal. w
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satisfactory despite the failure of one or more persons to receive mailed notice. iu z.
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Section 18.104.130 Time Periods for Permit Issuance z
A. Final decisions by the City on all permits shall be issued within 120 days from the
date the applicant is notified by the Department that the application is complete. The following
periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by any
City department, agency or hearing body with jurisdiction over some aspect of the application to
correct plans, perform required studies, or provide additional information. The period shall be
calculated from the date the applicant is notified of the need for additional information until the
earlier of (a) the date the department, agency or hearing body determines whether the additional
information satisfies the request, or (b) fourteen days after the date the information has been
provided to the department, agency or hearing body. If the department, agency or hearing body
determines that the action by the applicant is insufficient, it shall notify the applicant of the
deficiencies and the procedures of this section shall apply as if a new request for information had
been made.
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2. The period of time during which an environmental impact statement is
being prepared following a determination of significance pursuant to Chapter 43.21C RCW.
3. A period of no more than ninety days for an open record appeal hearing on
a Type 2 land use decision, and no more than sixty days for a closed record appeal on a Type 4
land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by the
Department and the applicant.
5. Any additional time period agreed upon by the Department, the applicant
and any parties to an appeal.
6. Any period of time during which an applicant fails to post the property, if
permit processing is suspended by the Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not apply if a project permit
application requires an amendment to the comprehensive plan or a development regulation.
C. The time limitations established in this section shall not apply to street vacations
or other approvals related to the use of public areas or facilities issued pursuant to TMC Title
11.
D. If a final decision cannot be issued within the time limits established by this section,
the Department shall provide written notice of this fact to the project applicant. The notice shall
include a statement of reasons why the time limits have not been met and an estimated date for
issuance of the notice of final decision.
Section 18.104.140 Applications - Modifications to proposal
A modification to project plans occurring before issuance of the permit shall be deemed a new
application for the purpose of establishing time periods pursuant to TMC 18.104.130 when such
modification would result in a substantial change in a project's review requirements, as
determined by the Department.
Section 18.104.150 Vesting
A. Applications for Type 1, 2, 3, 4 and Type 5 decisions (other than rezones and
shoreline environment redesignations) shall be considered under the zoning and other land use
control ordinances in effect on the date a complete application is filed meeting all of the
requirements of TMC 18.104.070. The Department's issuance of a notice of complete
application as provided in TMC 18.104.070(A) or (C), or the failure of the Department to
provide such a notice as provided in TMC 18.104.070(B) or (C), shall cause an application to be
deemed complete for purposes of the vested rights doctrine.
B. Supplemental information required after filing of a complete application shall not
affect the validity of the vesting for such application.
C. Vesting of an application does not vest any subsequently required permits, nor
does it affect the requirements for vesting of subsequent permits or approvals.
D. A determination that an application is complete shall not be deemed to affect the
requirement of the vested rights doctrine that an application is not vested if it fails to comply
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with the zoning and other land use control ordinances in effect at the time a complete application
is filed.
Section 18.104.160 Hearing Scheduling - Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open
record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4
decisions, the Department shall issue a Notice of Hearing by mail pursuant to the provisions of
TMC 18.104.120. In addition, at least 14 days before such hearing, the Director shall post the
Notice of Hearing on any posted notice board(s) erected pursuant to TMC 18.104.110. Such
Notice of Hearing shall include the following information:
1. The file number.
2. The name of the applicant.
3. A description of the project, the location, a list of the permits included in
the application and the location where the application, the staff report, and any environmental
documents or studies can be reviewed.
4. A site plan on 8 1/2 x 11 inch paper, if applicable.
5. The date, time, place and type of hearing.
6. The phone number of the Department and the name of the staff person
who can provide additional information on the application and the hearing.
B. The Director shall have the discretion to include additional information in the
Notice of Hearing if the Director determines that such information would increase public
awareness or understanding of the proposed project.
Section 18.104.170 Notice of Decision
A. The Department shall provide written notice in a timely manner of the final
decision on permits requiring Type 2, 3, 4 and 5 decisions and on permits requiring Type 1
decisions which require SEPA review. Such notice shall identify the threshold determination, if
any, and the procedures for administrative appeals, if any. Notice shall be delivered by first class
mail or in person to the applicant, to the Department of Ecology and to agencies with
jurisdiction, and to all parties of record.
B. Notices of Decision for Shoreline Substantial Development permits shall also
comply with the requirements of RCW ch. 90.58.
Section 18.104.180 Referral to Other City Departments
The Department shall refer permit applications and portions of permit applications to other City
departments and administrators with authority and /or expertise to review such applications. The
Department shall incorporate the decisions and consider the recommendations of such other City
departments and administrators in permits, approvals and recommendations issued pursuant to
this Title.
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Section 18.104.190 Date of Mailing
All notices issued pursuant to this Chapter shall be deemed to have been issued on the date on
which they are mailed by the Department.
CHAPTER 3 - DECISION PROCESSES
A new chapter 18.108 is added to TMC Title 18 as follows:
Section 18.108.010 Type 1 Decision Process
A. Type 1 decisions shall be made by the City department or officer specified by
ordinance.
B. Type 1 decisions shall not be subject to administrative appeal and may be
appealed only to Superior Court pursuant to RCW ch. 36.70C, unless otherwise specified by
ordinance.
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Section 18.108.020 Type 2 Decision Process i
Section 18.108.030 Type 3 Decision Process
A. Type 3 decisions shall be made by the Board of Adjustment following an open
record public hearing. Such public hearing shall be conducted in accordance with the procedures
for open record public hearings specified in TMC ch. 18.112.
B. Following a public hearing on a Type 3 decision, the hearing body shall render a
written decision, including findings of fact and conclusions, and the Department shall promptly
issue a Notice of Decision pursuant to TMC 18.104.170.
C. The decision of the Board of Adjustment shall be fmal and shall be appealable
only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.040 Type 4 Decision Process
A. Type 4 decisions shall be made by the Board of Architectural Review or Planning
Commission, as appropriate, following a open record public hearing.
B. Type 4 decisions by the Board of Architectural Review or Planning Commission, zz
except shoreline conditional use permits, shall be final unless an appeal is filed to the City H z
Council pursuant to TMC ch. 18.116. w g
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C. Following a public hearing on a Type 4 decision, the Board of Architectural w o
Review or Planning Commission shall render a written decision, including findings of fact and CO i; ,
conclusions, and the Department shall promptly issue a Notice of Decision pursuant to TMC u) u'
18.104.170. W o
D. All appeals of Type 4 decisions shall be filed with the Department within the
time limits specified in TMC 18.116.010, except shoreline conditional use permits, which shall w
be appealable only to the State Shoreline Hearings Board pursuant to RCW ch. 90.58. The z ►_-,
Department shall coordinate scheduling of any City appeal hearing with the City Council. z O
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E. All appeals of Type 4 decisions except shoreline conditional use permits, shall be v
closed record appeals, processed pursuant to the time limits for such appeals specified in TMC :0 f-'
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F. Following a closed record appeal hearing on a Type 4 decision, the City Council iii N:
shall render a written decision, including findings of fact and conclusions, and the Department ~ I
shall promptly issue a Revised Notice of Decision pursuant to TMC 18.104.170. z
G. The decision of the City Council regarding a Type 4 decision shall be fmal and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.050 Type 5 Decision Process
A. The Notice of Application for a Type 5 decision shall set a date for a public
meeting, which shall be conducted at least 5 calendar days prior to the end of the public comment
period and at least 14 calendar days prior to the City Council public hearing. The public meeting
shall be staffed by a representative of the Department, who shall explain the decision criteria
applicable to the proposal and the process by which decisions will be reached. The applicant or
applicant's representative shall describe the proposal which is the subject of the application.
Information and comments submitted at the public meeting shall be considered by the
Department in the preparation of its reconunendation to the City Council, but shall not
constitute part of the public record to be considered by the City Council in its deliberations.
17
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B. Type 5 decisions shall be made by the City Council following an open record
public hearing.
C. Following a public hearing on a Type 5 decision, the City Council shall render a
written decision, including findings of fact and conclusions, and the Department shall promptly
issue a Notice of Decision pursuant to TMC 18.104.170.
D. The decision of the City Council regarding a Type 5 decision shall be final and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.060 Legislative Decisions
The procedures set forth in TMC chapters 18.104 through 18.116 shall not be applicable to the
adoption or amendment of any comprehensive plan or subarea plan, or to area wide rezoning
processes, area wide shoreline redesignation processes, street vacations, or other legislative
decisions.
CHAPTER 4 - PUBLIC HEARING PROCESSES
A new chapter 18. 112 is added to TMC Title 18 as follows:
Section 18.112:010 Rules Applicable to Public Hearings and Appeals
The provisions of this Chapter shall apply to all public hearings and to all appeal hearings under
this Title. The provisions of this Chapter do not apply to the adoption or amendment of the
Comprehensive Plan or Development Regulations, or other legislative decisions.
Section 18.112.020 Report by department, Notice of Hearing
A. When a Type 3, 4, or 5 decision has been set for public hearing, or an appeal of a
Type 2 decision has been set for an open record appeal hearing, the Department shall coordinate
and assemble the reviews of other departments and governmental agencies having an interest in
the application and shall prepare a report summarizing the factors involved and the Department's
findings and recommendation, or decision, as appropriate. Attachments and appendixes to the
report need not be mailed to parties, but shall be made available for inspection and copying
during normal City business hours at the Department. Prior to the scheduled hearing, the report,
and in the case of appeals, the Notice of Appeal submitted to the City, shall be filed with the
hearing body which will conduct the hearing and copies thereof shall be mailed to all parties of
record who have requested a copy thereof.
B. If the Notice of Application did not identify a date for the public hearing, a Notice
of Hearing shall be issued by the Department at least fourteen (14) days prior to any public
hearing or open record appeal hearing under this Chapter. Such Notice shall be mailed pursuant
to TMC 18.104.120 and the posted notice erected pursuant to TMC 18.104.110 shall be
modified to include the Notice of Hearing.
C. All required Notices of Hearing shall contain the following information:
1. The file number.
2. The name of the applicant and the. owner of the property, if different than
the applicant.
18
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3. A description of the project, the location, a list of the permits included in
the application and the location where the application, staff report and any environmental
documents or studies can be reviewed.
4. The date, time and place of the public hearing.
5. The name and telephone number of the Department staff person who can
be called for further. information.
Section 18.112.030 Hearing Scheduling
Public hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions
and closed record appeal hearings on Type 4 decisions shall be scheduled by the Department to
ensure that final decisions are issued within the time periods provided in TMC 18.104.130.
Section 18.112.040 Hearing Process - Limitations on Testimony
To avoid unnecessary delay and to promote efficiency of the hearing process, the hearing body
shall limit testimony to that which is relevant to the matter being heard, in light of adopted City
policies and regulations, and shall exclude evidence and cross examination that is irrelevant,
cumulative or unduly repetitious. The hearing body may establish reasonable time limits for the
presentation of direct oral testimony, rebuttal testimony and argument.
Section 18.112.050 Scope of Decisions
A. Any hearing body conducting a public hearing shall have the authority to approve,
deny or approve with conditions a project permit application, based on the hearing body's
fmdings of fact and conclusions.
B. Said findings and conclusions shall set forth and demonstrate the manner in which
the action is consistent with, carries out and helps implement applicable state laws and
regulations and the regulations, policies, objectives and goals of the City's Comprehensive Plan,
the City's Development Regulations and other applicable official laws, ordinances, rules and
regulations. Any hearing body may adopt as its own, findings and conclusions recommended by
the Department. The City Council may adopt as its own all or portions of Board of
Architectural Review and Planning Commission's findings and conclusions regarding Type 4
decisions.
C. In the event that a hearing body determines that it lacks adequate information on
which to make findings of fact necessary to its decision, the hearing body may remand the project
permit to the Department for additional information, provided that if the City Council, in the
case of a Type 4 closed record appeal hearing, determines that it lacks adequate information on
which to make findings of fact necessary to its decision, the City Council shall remand the
project permit to the Board of Architectural Review or Planning Commission with instructions to
re -open the public hearing to take additional testimony and provide the Board of Architectural
Review or Planning Commission's findings on the factual issue(s) identified by the City Council
as requiring such additional information.
Section 18.112.060 Combined Public Hearing Processes - Other Agencies
If requested to do so by the applicant, the Department, pursuant to RCW 36.70B.110(7), shall
combine any public hearing held pursuant to this Chapter with public hearings held by other
agencies on the same project, so long as such joint hearing can be held within the time limits of
TMC 18.104.130, unless the applicant agrees to a different hearing schedule.
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CHAPTER 5 - APPEAL PROCESSES
A new chapter 18.116 is added to TMC Title 18 as follows:
Section 18.116.010 Time for Filing Appeal
A. ... Except for shoreline permits which are appealable to the state Shorelines Hearings
Board, all notices of appeal of Type 2 land use decisions and Type 4 decisions made by the
Board of Architectural Review or Planning Commission shall be filed within fourteen (14)
calendar days from the date of issuance of the Notice of Decision; provided that the appeal
period shall be extended for an additional seven (7) calendar days if the project involves any one
or more of the following situations:
1. There is another agency with jurisdiction as defined in WAC 197 -11-
714(3).
2. The project involves the demolition of any structure or facility that is not
categorically exempt under WAC 197- 11- 800(2)(f) or 197 -11 -880.
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B. Any appeal from a code interpretation issued by the Director shall be filed within 11 a
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Section 18.116.030 Notice of Appeal - Contents
A. Every Notice of Appeal shall contain the following information:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing
party is a corporation, association or other group, the address and phone number of a contact
person authorized to receive notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors
in that decision. The Notice of Appeal shall state specific errors of fact or errors in application
of the law in the decision being appealed; the harp suffered or anticipated by the appellant, and
the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice
of Appeal.
20
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B. The Notice of Appeal shall be distributed by the Department to the body
designated to hear the appeal and to parties of record pursuant to TMC 18.112.020(A).
CHAPTER 6 - MISCELLANEOUS
Section 601 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
Section 602 Effective Date
This ordinance shall apply to all land use permit applications filed on and after April 1,
1996, except applications for road vacations, landmark designations, and approvals
related to the use of public areas or facilities.
PASSED BY THE CITY COUNCIL OF E CITY 0 TUKWILA,
WASHINGTON, at a Regular Meeting thereof this /T day of , 1996.
ATTEST /AUTHENTICATED
I0-9/ Jane E. CantuCity Clerk
APPRO ED AS TO FORM:
,fir/
By
Office of the City Att
FILED WITH THE CITY CLERK: (9- / 9- 1
PASSED BY THE CITY COUNCIL: '1- / - 96
PUBLISHED: 7- 5-1 4,
EFFECTIVE DATE: April 1, 1996
ORDINANCE NO.: 1 7 6 g
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CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. / 74r
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AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, IMPLEMENTING THE PERMIT PROCESSING
REQUIREMENTS OF RCW CH.36.70B, AMENDING CHAPTER
18.06 OF THE TUKWILA MUNICIPAL CODE, ADDING NEW
CHAPTERS TO TITLE 18 OF THE TUKWILA MUNICIPAL
CODE, PROVIDING FOR STANDARDIZED PROCEDURES FOR
THE SUBMITTAL, REVIEW AND ISSUANCE OF LAND USE
PERMITS, AND PROVIDING PROCEDURES FOR APPEALS.
On /�
/f96 , the City Council of the City of Tukwila passed Ordinance
No. / 9h , implementing the permit processing requirements of RCW 36.70B.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 7//9
1
Published Seattle Times:
1 '‘S
tr/Jane E. Cant ity Clerk
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City of Tukwila
Washington
Ordinance No. / 7�
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, IMPLEMENTING THE LAND USE
PERMIT CONSISTENCY AND CONCURRENCY
REQUIREMENTS OF RCW CH. 36.70A, ADDING
NEW CHAPTERS TO TITLES 9, 14 AND 18 OF THE
TUKWILA MUNICIPAL CODE, AMENDING
CHAPTERS 18.66 AND 18.70 OF THE TUKWILA
MUNICIPAL CODE, REQUIRING A
DETERMINATION OF CONSISTENCY WITH
ADOPTED PLANS, LAWS AND POLICIES FOR ALL
PERMIT APPLICATIONS, ESTABLISHING
PROCEDURES TO DETERMINE WHETHER
ADEQUATE UTILITY AND TRANSPORTATION
FACILITIES ARE AVAILABLE TO SERVE NEW
DEVELOPMENT, AUTHORIZING THE IMPOSITION
OF MITIGATION CONDITIONS, AMENDING
STANDARDS FOR THE REVIEW AND APPROVAL
OF SHORELINE SUBSTANTIAL DEVELOPMENT
PERMITS, SUBDIVISIONS, AND ADOPTING
STANDARDS FOR THE EXPANSION AND
ENLARGEMENT OF CERTAIN UNCLASSIFIED
USES.
WHEREAS, RCW ch. 36.70A requires that no land use permit applications be
approved until a determination has been made that the application is consistent with and
carries out the objectives of the Comprehensive Plan, Development Regulations and other
applicable laws and regulations, and
WHEREAS, RCW ch. 36.70A requires that the City implement procedures to
assure that utility and transportation capital facilities necessary to support new
development are provided in a manner which is concurrent with the occupancy and use of
new development; and
WHEREAS, the City Council seeks to provide more specific standards for the
review of certain land use permits,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ORDAINS AS FOLLOWS:
Statement of Purpose
CHAPTER 1 - STANDARDS FOR APPROVAL OF PERMITS 3
Section 18.57.010 Determination of Consistency with Adopted Plans and Regulations - Type 1
and 2 Decisions 3
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Section 18.57.020 Determination of Consistency with Adopted Plans
and Regulations - Appeals of Type 2 Decisions
Section 18.57.030 Determination of Consistency with Adopted Plans
and Regulations - Type 3, 4 and 5 Decisions
Section 18.57.040 Additional Findings - Reclassifications and
Shoreline Redesignations
Section 18.57.050 Additional Findings - Preliminary Plats
CHAPTER 2 - UTILITY CONCURRENCY STANDARDS.
Section 14.36.010 Water Supply - Concurrency Determination
Section 14.36.020 Sewer System - Concurrency Determination
Section 14.36.030 Mitigation
CHAPTER 3 - TRAFFIC CONCURRENCY STANDARDS
Section 9.48.010 Determination of Traffic Concurrency Required
Section 9.48.020 Exemptions
Section 9.48.030 Level of Service Standards
Section 9.48.040 Arterial Classification System
Section 9.48.050 LOS Standards for Specific Locations
Section 9.48.060 Design of Arterial Improvements; Load Limits
Section 9.48.070 Traffic Studies & Mitigation
Section 9.48.080 Mitigation of Traffic Safety Hazards
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CHAPTER 4 - ADDITIONAL STANDARDS FOR UNCLASSIFIED USES 10
Section 18.66.110 Normal upkeep, repairs, and maintenance;
replacement of existing structures
Section 18.66.120 Expansion of Existing Unclassified Use - Animal
Rendering Facilities
Section TMC 18.66.130 Performance Standards for Rendering Plants
Section 18.70.100 Conditional
CHAPTER 5 - MISCELLANEOUS
Section 501 Severability •
Section 502 Effective date
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and Unclassified Uses 11 ' •
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Statement of Purpose
The purpose of this Ordinance is to establish standards for the approval of certain land use
permit applications in the City of Tukwila. This Ordinance also establish standards for
determining whether utility and transportation system improvements necessary to serve new
development in the City of Tukwila will be provided concurrently with the occupancy of such
new development. These standards are consistent with and adopted pursuant to RCW
36.70.070.
CHAPTER 1- STANDARDS FOR APPROVAL OF PERMITS
A new chapter 18.57 is added to TMC Title 18 as follows:
Section 18.57.010 Determination of Consistency with Adopted Plans and Regulations. -
Type 1 and 2 Decisions
When the Department issues a decision on a Type 1 or 2 decision, the Department or hearing
body shall determine whether the decision is consistent with, carries out and helps implement
applicable state laws and regulations and the regulations, policies, objectives and goals of the City
of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other
official laws, policies and objectives of the City of Tukwila. The Department is not required to
enter findings of fact or conclusions when issuing Type 1 and 2 decisions, provided that findings
of fact and conclusions are required for Shoreline Substantial Development permits.
Section 18.57.020 Determination of Consistency with Adopted Plans and Regulations
Appeals of Type 2 Decisions
When a hearing body renders a decision on an appeal of a Type 2 decision, the hearing body shall
make and enter fmdings of fact and conclusions from the record which support the decision or
recommendation. Such findings and conclusions shall set forth and demonstrate the manner in
which the decision or recommendation is consistent with, carries out and helps implement
applicable state laws and regulations and the regulations, policies, objectives and goals of the City
of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other
official laws, policies and objectives of the City of Tukwila.
Section 18.57.030 Determination of Consistency with Adopted Plans and Regulations -
Type 3, 4 and 5 Decisions
When a hearing body renders a decision on a Type 3, 4 or 5 decision, and when the Planning.
Commission makes a recommendation on a Type 4 decision, the hearing body shall make and
enter findings of fact and conclusions from the record which support the decision or
recommendation. Such findings and conclusions shall set forth and demonstrate the manner in
which the decision or recommendation is consistent with, carries out and helps implement
applicable state laws and regulations and the regulations, policies, objectives and goals of the City
of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other
official laws, policies and objectives of the City of Tukwila.
Section 18.57.040 Additional Findings - Reclassifications and Shoreline Redesignations
When the City Council makes a decision regarding an application for a reclassification of
property or for a shoreline environment redesignation, the decision shall include additional
findings which support the conclusion that at least one of the following circumstances applies:
A. The reclassification is for the purpose of achieving consistency with the
Comprehensive Plan; or
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B. The applicant has demonstrated with substantial evidence that:
1. Since the adoption of the last version of the Comprehensive •Plan or
Shoreline Master Program affecting the subject property, authorized public improvements,
permitted private development or other conditions or circumstances affecting the subject
property have undergone substantial and material change not anticipated or contemplated in the
adopted Comprehensive Plan or Shoreline Master Program;
2. The impacts from the changed conditions or circumstances affect the
subject property in a manner and to a degree different than other properties in the vicinity such
that rezoning or redesignation by means of a generalized amendment to the Comprehensive Plan
or Shoreline Master Program is not appropriate; and
3. The requested reclassification or redesignation is required in the public
interest.
Section 18.57.050 Additional Findings - Preliminary Plats
When the City Council makes a decision regarding an application for a proposed preliminary z
plat, the decision shall include additional findings as to whether: 1 I-: w.
A. Appropriate provisions are made for the public health, safety, and general welfare 6 o
and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit N o uj
stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and w =
school grounds and all other relevant facts, including sidewalks and other planning features that u) LL.
assure safe walking conditions for students walking to and from school; and uj 0
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dedication. i _
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appropriate provisions and that the public use and interest will be served, then the City Council 2 n;
shall approve the proposed subdivision and dedication. Dedication of land to any public body, v o
provision of public improvements to serve the subdivision, and /or impact fees may be required as o �'
a condition of subdivision approval. Dedications shall be clearly shown on the final plat. ILI v'
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CHAPTER 2 - UTILITY CONCURRENCY STANDARDS. ...; iui
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A new Chapter 14.36 is added to TMC Title 14 as follows: 0 ~`
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Section 14.36.010 Water Supply - Concurrency Determination
A. All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will
require domestic water supply and or water for fire flow purposes shall obtain a certificate of
water availability from the water purveyor serving the area in which the proposal is located, if
the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that
the water purveyor has the necessary water rights and the water system capacity, including such
water mains, pump stations and other facilities as may be necessary, to provide domestic water
service and fire flow meeting City standards or that such capacity will be available by the time a
certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect
combustible construction, whichever is earlier.
B. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will
require domestic water supply from the City of Tukwila shall be referred by the Department of
Community Development to the Department of Public Works, which shall determine whether
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the City has the necessary water rights and the water system capacity, including such water
mains, pump stations and other facilities as may be necessary, to provide domestic water service
and fire flow meeting City standards or that such capacity will be available by the time a
certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect
combustible construction, whichever is earlier. If adequate service is not available, 'the
Department of Public Works shall determine and shall advise the applicant of the improvements
which are necessary to provide service meeting City standards.
Section 14.36.020 Sewer System - Concurrency Determination
All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will require domestic
sanitary sewer service shall comply with one of the following:
A. Submit proof that the applicant has received approval for an on -site sewage
system design from the Seattle -King County Department of Environmental Health in accordance
with the rules and regulations of the King County Board of Health.
B. Obtain a certificate of sewer availability from the sewer purveyor serving the area
in which the proposal is located, if the site is served by a purveyor other than the City of
Tukwila. The certificate shall confirm that the sewer purveyor has the necessary sewer system
capacity, including such sewer mains, pump stations and other facilities as may be necessary, to
provide sewer service meeting City standards or that such capacity will be available by the time a
certificate of occupancy is issued.
C. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will
require sanitary sewer service from the City of Tukwila shall be referred by the Department of
Community Development to the Department of Public Works, which shall determine whether
the City has the necessary sewer system capacity, including such mains, pump stations and
other facilities as may be necessary, to provide sanitary sewer service meeting City standards or
that such capacity will be available by the time a certificate of occupancy is issued. If adequate
service is not available, the Department of Public Works shall determine and shall advise the
applicant of the improvements which are necessary to provide service meeting City., standards.
Section 14.36.030 Mitigation
A. If water or sewer service to a project requiring such service from the City of
Tukwila cannot meet City standards with existing facilities, the applicant shall be required to.
either:
1. complete the improvements required to provide such level of service; or
2. if the City anticipates that the, improvements necessary to meet the City's
water and sewer standards will be constructed within six years by a public capital facilities
project, the applicant may pay a mitigation payment equal to the applicant's fair share of the
cost of the improvements necessary to meet the City's water and sewer standards ; or
In appropriate cases, mitigation may consist of a combination of improvements constructed by
the applicant and mitigation payments.
B. In the event that the applicant agrees to complete improvements pursuant to
subsection A(1), the applicant shall be entitled to apply to enter into a Latecomer Agreement
with the City.
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CHAPTER 3 - TRAFFIC CONCURRENCY STANDARDS
A new Chapter 9.48 is added to TMC Title 9 as follows
Section 9.48.010 Determination of Traffic Concurrency Required
A. No Type 1, 2, 3, 4, or 5 decision which is subject to this chapter shall be
approved unless a determination is made by the appropriate Department that the standards of
this chapter have been met.
B. For Type 1 and 2 decisions, the Department of Community Development shall
refer the application to the Department of Public Works, which shall determine whether the
application complies with City standards regarding traffic concurrency and, if not, what
mitigation is required.
C. For Type 3, 4, and 5 decisions, the Department of Community Development shall
refer the application to the Department of Public Works, which shall determine whether the
application complies with City standards regarding traffic concurrency and, if not, what
mitigation is required. A statement identifying the required mitigation, if any, shall be
incorporated into the staff report required by TMC 18.112.020.
Section 9.48.020 Exemptions
This chapter shall not apply to single family building permits, multi - family building permits for
projects containing four or fewer units, short plats, or any non - residential project that is
categorically exempt from SEPA pursuant to TMC 21.04.080, 100, or 110. The Department
shall also waive compliance with this chapter for other projects which will not generate new
traffic trips.
Section 9.48.030 Level of Service Standards
A. Level -of- service ( "LOS ") gradations for corridors shall be measured with volume
to capacity ratios graded from LOS A to LOS F, as provided in subsection B, and intersections
shall be measured in average delays at intersections or average travel speeds on corridors, as
determined by the Department of Public Works.
B. Volume (V) to capacity (C) ratios shall be used to quantify LOS for corridors as
follows:
LOS Volume /Capacity
A up to 0.6
B 0.6 - 0.7
C 0.7 - 0.8
D 0.8 - 0.9
E 0.9 - 1.0
F greater than 1.0
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C. The Department of Public Works may, in its discretion, utilize either a standard
LOS gradation system or, in the case of intersections that are experiencing high congestion, an
expanded LOS gradation system to evaluate. The LOS gradations for intersections, based on
average delays are:
Level of Service
Existing
Expanded
Access
A
<7.5 seconds
< 7.5 seconds
B
7.5 - 15 seconds
7.5 - 15 seconds
C
15.1 - 25 seconds
15.1 - 25 seconds
D
25.1 - 40 seconds
25.1 - 40 seconds
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40.1 - 60 seconds
40.1 - 60 seconds
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> 60 seconds
60 - 120 seconds
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120 - 180 seconds
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180 - 240 seconds
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>300 seconds
Section 9.48.040 Arterial Classification System
A. The Tukwila Functional Arterial Classification System, which is in accord with
required Federal and Washington State arterial standards, is as follows:
Street Classification
Principal Use
Access
access to abutting property
Collector Arterial
between access & minor
Minor Arterial
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between collector & principal
Principal Arterial
between communities
B. The Department of Public Works shall classify all streets in the City in
accordance with the classifications in Subsection A. Such classifications shall be reviewed and
modified as necessary by the Department from time to time.
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Section 9.48.050 LOS Standards for Specific Locations
A. A minimum LOS standard of E for traffic capacity shall be maintained, based upon a
calculation of average LOS, for the following arterial segments:
1. E Marginal Way (S. 112th St. to North City Limit)
2. Interurban (Southcenter Blvd. to I -5)
3. Pacific Highway S. (S. 152nd St. to Boeing Access Rd.)
4. West Valley Rd (I -405 to S. 180th St.)
5. Southcenter Parkway south of S. 180th St.
B. In the Central Business District ( "CBD ") area, a minimum average LOS level of E shall be
maintained. In the CBD, LOS shall be determined by using the "link" averages for the 17
segments defined in the Transportation Element of the Comprehensive Plan. For purposes of
this section, the CBD is the area bounded by I -5, I -405, the Green River, and S. 180 St.) a
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C. A minimum LOS standard of E for traffic capacity shall be maintained, based upon a m
calculation of LOS for individual intersections and corridor segments for all other minor, collector -I 0
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D. A minimum LOS standard of D for traffic capacity shall be maintained, based upon a CO O
calculation of LOS for individual intersections and corridor segments for all minor and collector 2 .
arterials in predominantly residential areas, provided that for the following arterials, LOS shall be g Q
calculated based on the average LOS for the arterial: 42nd Ave. S., S. 160th St., S. 164th St., co D.
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Macadam, S. 124th St., S. 130th St., S. 132nd St., S. 144th St., 53rd Ave. S., and 65th Ave. S. t- _
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E. Access streets which exceed 1,000 vehicles per day volume will be evaluated on a case by z z i-. w
case basis to determine whether traffic improvements or control measures are required to reduce D o
volumes and provide adequate safety. 0 N
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Section 9.48.060 Design of Arterial Improvements; Load Limits �
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A. Arterial improvements in commercial areas shall be designed to include trucking 0 9:.
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geometric and loading parameters.
B. Trucking will be allowed on all arterials as well as commercial area access streets
unless restricted by load limits. Load limits may be used as restrictions following a traffic study.
Section 9.48.070 Traffic Studies & Mitigation
A. TMC 9.48.050 identifies Level of Service standards for specific areas and
corridors that can be maintained by making improvements identified in the Transportation
Element based on 2015 "build out" development traffic projections. Level of Service standards
are also established for other non - specific arterials and for access streets.
B. Fairshare mitigation costs /trip for the specific areas and corridors identified in
TMC 9.48.050 are provided in the Transportation Element and subsequent updates of the
Capital Improvement Plan.
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C. Any proposed project which requires a Type 1, 2, 3, 4 or 5 decision and which
will generate more than five (5) or more vehicle trips in an AM, noon, or PM peak hour period
shall submit, as part of the application process, a trip generation analysis using standard
generation rates published by the Institute of Transportation Engineers, other standard
references, or from other documented information and surveys approved by the Department of
Public Works. In addition, such projects shall submit a trip distribution study, unless the
requirement for such study is waived by the Department of Public Works.
D. If the trip generation and distribution studies demonstrate that the proposed
project will generate five (5) or more additional peak hour traffic trips in a specific area or
corridor prior to the horizon year established by the Transportation Element of the
Comprehensive Plan established in TMC 9.48.050, impact mitigation fees shall be paid for the
fairshare mitigation costs established in the Transportation Element of the Comprehensive Plan
or subsequent Capital Improvement Plan.
E. If the trip generation and distribution studies demonstrate that the proposed
project will generate five (5) or more additional peak hour traffic trips on any non - specific arterial
or access street such that the intersection, corridor, or area will be below the Level of Service
standards established in TMC 9.48.050, prior to the horizon year established by the
Transportation Element of the Comprehensive Plan, the Director of the Department of Public
Works shall require, as appropriate to the particular circumstances, one of the following methods x z
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1. Require the applicant to pay a mitigation payment equal to the applicant's co w
proportionate fair share of the cost of the improvements necessary to restore the intersection(s) =
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arterial(s) or access street(s) to (1) the level of service that would exist at the time the project is co u-
completed, but without project traffic, or (2) the level of service standard established in TMC
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2. Require the applicant to complete the improvements required to restore x _.
the intersection(s) arterial(s) or access street(s) to (1) the level of service that would exist at the ? F'`
time the project is completed, but without project traffic, or (2) the level of service standard z 0.
established in TMC 9.48.050; or
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If the proposed project does not generate five (5) or more additional peak hour traffic trips at an Cu
intersection or corridor which will be below the Level of Service standards established in TMC
9.48.050 prior to the horizon year for the Transportation Element of the Comprehensive Plan, no
mitigation under this section will be required.
F. A project applicant shall have the right to mitigate all or a portion of the capacity
impacts of a project by utilizing capacity mitigation measures, including but not limited to,
carpooling and rideshare programs, widenings (roadway, lane, radius), signal improvements, and
other capacity improvements. In the event that mitigation measures such as carpooling and
rideshare programs are proposed, the applicant shall execute such agreements with the City as are
necessary to assure the permanent availability of such programs.
G. In the event that the applicant completes improvements which are part of the
Circulation System adopted in the Comprehensive Plan and the cost of such improvements
exceeds the applicant's proportionate fair share of the cost of such improvements, the applicant
shall be entitled to apply to enter into a Latecomer Agreement with the City.
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H. The Mitigation Payment Schedule for the Transportation Element of the
Comprehensive Plan shall be updated every three years or with the annual Capital Improvement
Plan update.
Section 9.48.080 Mitigation of Traffic Safety Hazards
A. If the Department of Public Works determines that a hazard to safety could
reasonably exist as a result of traffic generated by a project, the applicant shall be required to
construct the improvements necessary to mitigate the traffic safety hazard regardless of whether
the roadway corridor or intersection meets the capacity standards of this chapter.
B. If the Department of Public Works determines that there is an existing hazard to
safety affecting a traffic corridor or intersection which will be impacted by traffic from a
proposed project and that the improvements necessary to resolve the safety hazard are not a
funded project in the Capital Improvement Program and are not already funded for correction
from other sources, the applicant shall have the option of (1) constructing the improvements
necessary to mitigate the traffic safety hazard, subject to the right to apply to enter into a
Latecomer Agreement regarding such project, or (2) postponing the project until such time as a
project to correct the safety hazard has been fully funded.
CHAPTER 4 - ADDITIONAL STANDARDS FOR UNCLASSIFIED USES
A new section TMC 18.66.110 is added to TMC ch. 18.66 as follows:
Section 18.66.110 Normal upkeep, repairs, and maintenance; replacement of existing
structures
Normal upkeep, repairs, maintenance, strengthening, or restoration to a safe condition of any
building or structure being used as part of an unclassified use shall not require a new or revised
unclassified use permit. The replacement of existing structures with either new structures of
equivalent size and/or capacity, or with new structures which do not change the use and do not
constitute an expansion or enlargement as described below, shall not require a new or revised
unclassified use permit; provided that, in any event, any structure that is non - conforming by
reason of its height, bulk, or setbacks shall not be re- constructed in a manner which increases the
extent of the nonconformity. Nothing in this section shall modify applicable requirements that
such construction work may require a building permit or other construction permits pursuant to
TMC ch. 16 (construction codes).
A new section 18.66.120 is added to TMC ch. 18.66 as follows:
Section 18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities
In addition to the structures permitted pursuant to TMC 18.66.110, existing animal rendering
facilities shall be allowed to construct new facilities to update and/or modernize such use without
needing to obtain a new :'or revised unclassified use permit if such construction involves an
intensification of the permitted existing facility. For purposes of this section, "facilities" shall
refer to all structures, including tanks, processing equipment, buildings and other improvements
used in the rendering operation, and "intensification" shall mean new construction shall meet all
of the requirements below. Any proposed new construction which fails to meet one or more of
the requirements of intensification shall be considered an enlargement or expansion, and shall
require an application for a new or revised unclassified use permit for the facilities which
constitute the enlargement or expansion:
A. The construction of new facilities shall be considered an intensification and may
be permitted without the need to obtain an Unclassified Use Permit (UUP) if:
1. The total area of the site is not increased.
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portion of the
TMC 18.66.1
2. The construction of new facilities does not generate more than .ten new
at peak hour, as determined pursuant to TMC ch. 9.48, related to traffic
3. No new facilities are located in the River Environment or Low Impact
Shoreline.
4. The new facilities will comply with the performance standards set forth in
30.
5. The construction of new manufacturing facilities does not result in more
than a 5% cumulative increase in the manufacturing capacity of the processing facility.
6. The construction will not increase the extent of any nonconformity of any
structure by reason of its height, bulk or setbacks.
B. Any proposed new facility which does not meet criteria Al through A6, above,
shall be considered an enlargement or expansion, and shall comply with the provisions of TMC
Ch. 18.66, Unclassified Use Permits.
C. Whether or not a proposed new facility is considered an intensification or an
expansion/enlargement, all other applicable codes such as construction codes, SEPA, etc., shall
continue to apply.
A new section TMC 18.66.130 is added to TMC ch. 18.66 as follows:
Section TMC 18.66.130 Performance Standards for Rendering Plants
The following performance standards shall apply to rendering plants, in addition to the
performance standards for the applicable zoning district.:
A. Any new facilities constructed at a rendering plant which will be used for storage
or transmission of liquid or semi - liquid products will be protected by containment facilities
capable of preventing the release of any product into surface or ground waters in the event of a
spill or breakage. If more than one storage or transmission facility is protected by a containment
facility, such containment facility shall be of sufficient size to contain a spill of the largest storage
• or transmission facility so protected.
B. Any new facilities will utilize the best feasible odor abatement control equipment
and shall be designed, constructed and operated so that the new facilities will not increase the risk
of odor emissions from the site.
C. The facility, including both existing and new facilities, shall comply with
applicable air pollution control requirements of the Puget Sound Air Pollution Control Agency,
including both procedural and substantive standards.
D. A copy of the current Spill Prevention Control and Countermeasure Plan (SPCCP)
for the new facilities required by the Puget Sound Air Pollution Control Agency shall be on file
with the DCD.
TMC 18.70.100 and Ordinance 1758, §1(part) are amended as follows:
Section 18.70.100 Conditional and Unclassified Uses
A legal use does not become nonconforming because the zone in which it is located is changed to
a zone which requires a conditional or unclassified use permit for the use, or because the use is
changed from an allowed use to a conditional or unclassified use within the same zone; provided,
however, the use may not be allowed or buildings may not be enlarged without first obtaining a
conditional or unclassified use permit if required pursuant to requirements of TMC ch. 18.64 or
TMC ch. 18.66. the
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CHAPTER 5 - MISCELLANEOUS
Section 501 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
Section 502 Effective date
This ordinance shall apply to all land use permit applications filed on and after April 1, 1996,
except applications for road vacations, landmark designations, and approvals related to the use of
public areas or facilities.
PASSED BY THE CITY COUNlrIL OF HE ITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this / day of , 1996.
u)1
John W. R
ATTEST /AUTHENTICATED
ro✓Jane E. Cantu(rCity Clerk
APPRO D AS TO FORM:
0 i'e of the City A WAIF
FILED WITH THE CITY CLERK: 6,— / % q!'
PASSED BY THE CITY COUNCIL: '7— /— f 4,
PUBLISHED: 7 6- 9 4,
EFFECTIVE DATE: April 1, 1996
ORDINANCE NO.: 17 to 9
, Mayor
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. / 74 9
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, IMPLEMENTING THE LAND USE PERMIT
CONSISTENCY AND CONCURRENCY REQUIREMENTS OF
RCW 3H. 36.70A, ADDING NEW CHAPTERS TO TITLES 9, 14
AND 18 OF THE TUKWILA MUNICIPAL CODE, AMENDING
CHAPTERS 18.66 AND 18.70 OF THE TUKWILA MUNICIPAL
CODE, REQUIRING A DETERMINATION OF CONSISTENCY
WITH ADOPTED PLANS, LAWS AND POLICIES FOR ALL
PERMIT APPLICATIONS, ESTABLISHING PROCEDURES TO
DETERMINE WHETHER ADEQUATE UTILITY AND
TRANSPORTATION FACILITIES ARE AVAILABLE TO SERVE
NEW DEVELOPMENT, AUTHORIZING THE IMPOSITION OF
MITIGATION CONDITIONS, AMENDING STANDARDS FOR
THE REVIEW AND APPROVAL OF SHORELINE
SUBSTANTIAL DEVELOPMENT PERMITS, SUBDIVISIONS,
AND ADOPTING STANDARDS FOR THE EXPANSION AND
ENLARGEMENT OF CERTAIN UNCLASSIFIED USES.
On 4 / f 1 , the City Council of the City of Tukwila passed Ordinance
No. ) % , i p1ementing the concurrency requirements of RCW 30.70A.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times:
- cf,FA Jane E. Cant / ity Clerk
/77
City of Tukwila
Washington
Ordinance No. / 770
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, MODIFYING EXISTING CITY
ORDINANCES TO CONFORM TO THE PROCEDURES
ADOPTED 1N SEPARATE ORDINANCES TO IMPLEMENT
THE PERMIT PROCESSING REQUIREMENTS OF RCW CH.
36.70B AND THE CONCURRENCY AND CONSISTENCY
REQUIREMENTS OF RCW 36.70A, AMENDING CHAPTER
2.04, 2.76, 14.04, 14.12, 16.52, 16.54, 17.04, 17.08, 17.12, 17.16,
17.32, 18.08, 18.44, 18.45, 18.46, 18.54, 18.56, 18.60, 18.64,
18.66, 18.70, 18.72, 18.80, 18.84, 18.88, 18.90, 18.92, 19.08,
19.12, 19.28, 19.32, and 21.04 OF THE TUKWILA MUNICIPAL
CODE, AND ADDING A NEW SECTION TO CHAPTER
21.04.
WHEREAS, RCW ch. 36.70B requires that the City adopt certain procedures for
processing land use permits; and
WHEREAS, RCW ch. 36.70A requires that no land use permit applications be approved
until a determination has been made that the application is consistent with and carries out the
objectives of the Comprehensive Plan, Development Regulations and other applicable laws and
regulations, and that the City implement procedures to assure that utility and transportation
capital facilities necessary to support new development are provided in a manner which is
concurrent with the occupancy and use of new development; and
WHEREAS, by separate ordinances the City Council has approved procedures to
implement the requirements of RCW ch. 36.70A and 36.70B, which require that existing
ordinances be amended to conform to the new procedures,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ORDAINS AS FOLLOWS:
Section 1 City Council Agenda - Format (TMC 2.04.150) 5
Section 2 Powers and Duties of Board of Adjustment - Designated
(TMC 2.76.070)
Section 3 Board of Adjustment Action Final (TMC 2.76.080)
Section 4 Definitions (TMC 14.04.010)
Section 5 Application to Connect Required (TMC 14.04.020)
Section 6 Contents of Application (TMC 14.04.030)
Section 7 Obtaining Permit To Install Side Sewer (TMC 14.12.070)
Section 8 Issuance of Temporary Permit (TMC 14.12.080)
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Section 9 Permit To Construct, Extend or Repair Sanitary Sewer
Inside Property (TMC 14.12.090)
Section 10 Additional Work Permit (TMC 14.12.100)
Section 11 The Flood Control Zone Permit Process - General Provisions
(TMC 16.52.050)
Section 12 Permits - Authority (TMC 16.54.090)
Section 13 Permits - Application (TMC 16.54.100)
Section 14 Permit - Issuance (TMC 16.54.120)
Section 15 Variances (TMC 16.54.290)
Section 16 Administering Authority (TMC 17.04.060)
Section 17 Review Procedures (TMC 17.08.060)
Section 18 Preliminary Plat Procedures (TMC 17.12.030)
Section 19 Final Plat Procedures (TMC 17.12.040)
Section 20 Application Requirements (TMC 17.16.030)
Section 21 Appeal Procedure (TMC 17.16.090)
Section 22 Exceptions (TMC 17.32.010)
Section 23 Rules of Interpretation (TMC 18.08.040)
Section 24 Appeals (TMC 18.44.170)
Section 25 Exceptions (TMC 18.45.115)
Section 26 Appeals (TMC 18.45.125)
Section 27 Multi - Family Density Standards (TMC 18.46.070
Section 28 Pre - application Procedure (TMC 18.46.100)
Section 29 Application Procedure Required for PRD Approval (TMC
18.46.110)
Section 30 Review Criteria (TMC 18.46.112)
Section 31 Expiration of Time Limits (TMC 18.46.140)
Section 32 Permit Processing and Duration (TMC 18.54.150)
Section 33 Loading space requirements (TMC 18.56.060)
Section 34 Cooperative Parking Facility (TMC 18.56.070)
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Section 35 Action by the Board of Architectural Review (TMC
18.60.070) 30
Section 36 Application - Requirements and Fees (TMC 18.64.030) 30
Section 37 Application - Hearing - Notice (TMC 18.64.040) 31
Section 38 Criteria (TMC 18.64.050) 31
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Section 39 Expiration and Renewal (TMC 18.64.060)
Section 40 Performance Bond or Other Security (TMC 18.64.080)
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Section 63 Appeals from Decisions of the Planning Commission (TMC
18.90.020) 39
Section 41 Application Requirements (TMC 18.64.090) 32
Section 42 Notice and Hearing Requirements (TMC 18.66.050) 32
Section 43 Criteria (TMC 18.66.060) 32
Section 44 Expiration and Renewal (TMC 18.66.070) 33
Section 45 Revocation of Permit (TMC 18.66.080) 33
Section 46 Resubmittal of Application (TMC 18.66.100) 34
Section 47 Nonconforming adult entertainment establishments (TMC
18.70.110) 34
Section 48 Application Requirements (TMC 18.72.040) 35
Section 49 Application - Hearing and Notice (TMC 18.72.050) 35
Section 50 Application - Board Decision (TMC 18.72.060) 35
Section 51 Appeal (TMC 18.72.080) 35
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Section 52 Application (TMC 18.80.010) 35 = H .
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Section 53 Documents to be Submitted with Application (TMC 6 D
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Section 54 Docket (TMC 18.80.020) 37 ` w w
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Section 55 Council Consideration (TMC 18.80.050) 37 N p
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Section 56 Submission to City Council (TMC g Q,
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Section 57 Submission to City Council - Action (TMC 18.84.020) 38 F' _`
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Section 58 Criteria for Granting Zoning Map Reclassifications (TMC Z 0.
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Section 59 Petition for Decision Review (TMC 18.84.040) 38
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Section 60 Final Action (TMC 18.84.050) 38 I V
Section 61 Application Fees (TMC 18.88.010) 38 i Z
Section 62 Appeals from Decisions or Interpretations of the Director, i
(TMC 18.90.010) 39 j Z
Section 64 Appeals from Decisions of the Board of Adjustment (TMC
18.90.030)
Section 65 Publication (TMC 18.92.010)
Section 66 Notice to Property Owners (TMC 18.92.020)
Section 67 Special Permission Sign (TMC 19.08.215)
Section 68 Required (TMC 19.12.010)
Section 69 Application Procedure (TMC 19.12.020)
Section 70 Applications - Rejection - Appeal (TMC 19.12.040)
Section 71 Fees - Public Hearings (TMC 19.12.100)
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Section 72 Designated (TMC 19.28.010)
Section 73 Shared directional signs (TMC 19.32.020)
Section 74 Home occupation — Church, approved conditional use and
public facility signs (TMC 19.32.080)
Section 75 Where signs will face other multiple- family, commercial or
industrial zones (TMC 19.32.100)
Section 76 Where signs will face or abut single family zones (TMC
19.32.120)
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Section 77 Where signs will face or abut multiple- family zones or
public facilities (TMC 19.32.130) 44
Section 78 Commercial zones where signs will face or abut other
commercial or industrial zones, except as provided in Section
19.32.150 through Section 19.32.190 inclusive (TMC 19.32.140) 44
Section 79 Building identification signs — Displays (TMC 19.32.150) 45
Section 80 Permitted signs — Height and area allowance (TMC
19.32.180) 46
Section 81 Definitions - Additional (TMC 21.04.040) 46
Section 82 Categorical Exemptions and Threshold Determinations -
Time Estimates (TMC 21.04.090) 46
Section 83 EIS - Time for Preparation (TMC 21.04.185) 47
Section 84 Public Notice - Procedure (TMC 21.04.210) 48
Section 85 Appeals (TMC 21.04.280) 49
Section 86 Severability 49
Section 87 Effective date 49
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Section 1 City Council Agenda - Format (TMC 2.04.150)
TMC 2.04.150 and Ordinance 1311, §8(part), as amended by Ordinance 1345, §1 and Ordinance
1421, §5 are hereby amended as follows:
The format of the City Council agenda shall be as follows:
(1) Call to Order.
(2) Pledge of Allegiance.
(3) Roll Call.
(4) Special presentations on key agenda items.
(5) Appointments and proclamations of the Mayor.
(6) Citizen's comments. To give audience a chance to comment on items not listed on the
agenda.
(7) Consent Agenda.
(A) Contains all consent agenda items approved by the Council president or
forwarded by unanimous committee action, and routine items such as, but not limited to:
(B)
(i) Approval of minutes.
(ii) Approval of vouchers.
The following rules shall apply to the consent agenda:
(i) Any member of the City Council may, by request, have an item removed
from the consent agenda. That item will be forwarded under new business for further discussion.
(ii) The remaining items shall be approved by motion.
(8) Bid Awards. All competitive bid awards that require Council approval.
(9) Public Hearings.
(A) For public hearings required by City, State, or federal law or as Council may
direct, it shall include, but not be limited to:
(i) LID
(ii) Zoning
(iii) Budget
(iv) Revenue sharing
(v) Annexation
(B) The following procedures shall apply to public hearings, except public hearings
sub'ect to TMC cha s ters 18.104 to 18.116 which shall be sub'ect to the • rocedures s . ecified
therein:
(i) The presiding officer may exercise a change in the procedures, but said
decision may be overruled by a majority vote of the City Council.
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(ii) The proponent spokesman shall speak first and be allowed 15 minutes.
Council may ask questions.
(iii) The opponent spokesman shall be allowed 15 minutes for presentation
and Council may ask questions.
(iv) Each side shall then be allowed five minutes for rebuttal.
(v) After the proponents and opponents have used their speaking time,
Council may ask further questions of the speakers, who may respond.
(C) At public hearings where a general audience is in attendance to present arguments
for or against a public issue:
(i) A person may speak for five minutes. No one may speak for a second
time until everyone wishing to speak has had an opportunity to speak.
(ii) After the speaker has used the allotted time, Council may ask questions of
the speaker and the speaker may respond, but may not engage in further debate.
(iii) The hearing will then be closed to public participation and open for
Councilmanic discussion.
(10) Old Business. This section of the agenda shall include items of a general nature, including
resolutions and ordinances previously discussed at a Council meeting. The following procedures
shall apply during this section of the agenda:
(A) The sponsor or a designated spokesman of each item will give a presentation.
(B) The Council may then question the sponsor or designated spokesman of the
presented item.
(C) A motion at this time will be in order:
(i) If a resolution or ordinance, the City Attorney or chairman may read the
item by title only, or if requested by any Councilmember, the document may be read in its
entirety. A motion by Council shall rule.
(ii) The Council, by motion, will dispense with the resolution or ordinance.
(iii) All other items will be dispensed with by Council motion.
(11) New Business. This section of the agenda shall include all items of a general nature,
including resolutions and ordinances previously discussed at a committee meeting and put
forward to the regular meeting and items that have been removed from the consent agenda. The
procedures that apply during this section shall be the same as those under old business.
(12) Reports. Reports on special interest items from the Mayor, City Council, staff, City
Attorney and intergovernmental representatives.
(13) Miscellaneous.
(14) Adjournment. Council meetings shall adjourn no later than 11:00 p.m. If Council desires
to extend the meeting, a motion shall be required of a majority plus one vote of Councilmembers
present. Items not acted upon by the 11:00 p.m. deadline shall be deferred to the next respective
Council meeting as old business unless Council, by a majority vote of members present,
determines otherwise.
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Section 2 Powers and Duties of Board of Adjustment - Designated (TMC 2.76.070)
TMC 2.76.070 and Ordinance 871, §1, as amended by Ordinance 1593, §5 and Ordinance 1738,
§2 is hereby amended as follows:
The Board of Adjustment shall have the following powers and duties:
(1) Appeals: To conduct public hearings, issue decisions and hear and decide appeals as
specified in
the Zoning Ordinance (Title 18
of this Code) or other land use regulatory ordinances as the City may adopt.
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Section 3 Board of Adjustment Action Final (TMC 2.76.080)
TMC 2.76.080 and Ordinance 871, §2 is hereby repealed:
Section 4 Definitions (TMC 14.04.010)
TMC 14.04.010 and Ordinance 264§1 are hereby amended as follows:
"Department" "Supervisor", wherever used in this chapter, means the Department of Public
Works.
Any references
to City supervisor in this Title shall be deemed to refer to the Department. "Person," wherever
used in this chapter, means and includes natural persons of either sex, associations, partnerships
and corporations, whether acting by themselves or by a servant, agent or employee; the singular
number includes the plural and the masculine pronoun includes the feminine.
Section 5 Application to Connect Required (TMC 14.04.020)
TMC 14.04.020 and Ordinance. 264 §2 are amended as follows:
Any person desiring to be connected with the City water supply system shall make application
therefor to the Department.
Section 6 Contents of Application (TMC 14.04.030)
TMC 14.04.030 and Ordinance 264, §3 are amended as follows:
In addition to the requirements for an application specified in TMC 18.104.060, an application
for a water service connection - - • .. ' . - . - _ - . ! . e e shall contain a
contract on the part of the person making the same, to pay for the water applied for at the rate
and in the manner specified in such contract, and shall reserve to the City the right to charge and
to collect the rates and enforce the penalties provided for in this chapter, in the manner herein
provided, to change the rates at any time by ordinance, to temporarily discontinue the service at
any time without notice to the consumer, and shall specify that said contract is subject to all the
provisions of this chapter and of any ordinance of the City relating to the subject hereafter
passed, and shall provide that the City shall not be held responsible for any damage by water or
other cause resulting from defective plumbing or appliances in the property supplied with water,
installed by the owner or occupant of said property, and shall provide that in case the supply of
water shall be interrupted or fail by any reason, the City shall not be held liable for damages for
such interruption or failure, nor shall such interruptions or failures for any reasonable period of
time be held to constitute a breach of contract on the part of the City or in any way relieve the
consumer from performing the obligations of his contract.
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Section 7 Obtaining Permit To Install Side Sewer (TMC 14.12.070)
TMC 14.12.070 and Ordinance 342, §5 as amended by Ordinance 578 (part) are amended as
follows:
In order to obtain the permit provided for in Section 14.12.060, the owner shall file an
application therefor with the Department pursuant to TMC 18.104.060,
together with plans and specifications showing the whole course
of the drain from the public sanitary sewer to its connection with the building or premises, and all
branches, traps and fixtures to be connected therewith, which plans and specifications shall be
submitted to the Department City supervisor for approval, and he may change or modify the
same and designate the manner in which the connecting sanitary sewers shall be connected with
the building, the place where such connections with the public sanitary sewer shall be made, and
specify the material, size and grade of the connecting sanitary sewer, and shall endorse his
approval on such plans and specifications as originally prepared or as modified and changed. The
owner shall further provide an expressed written consent to the Department city supervisor to
enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval
of the plans and specifications, the Department C pervisor shall issue a permit to the owner
to construct that portion of sanitary side sewer within the owner's property, and shall also issue
a work order to the street department to install sanitary side sewer from sanitary sewer main to
property line; and it is unlawful for any person to alter the approved plans and specifications or
to do any other work than is provided for in the permit, or to repair, extend, remove or connect
to any private sanitary sewer without first obtaining a permit as provided in this chapter.
Section 8 Issuance of Temporary Permit (TMC 14.12.080)
TMC 14.12.080 and Ordinance 342, §6 are amended as follows:
In the discretion of the Department, City supervisor, a temporary permit may be issued
permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer.
The temporary permit shall be revocable upon 60 days' notice posted on the premises directed
to the owner or occupant of the premises, and in the event that the private sanitary sewers are
not disconnected at the expiration of the notice, the Department of Public Works G pervisor
may disconnect the same and collect the cost of the disconnection from the owner or occupant of
the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be
granted only on the condition that the permittee will save the City harmless from any damage by
reason of the issuance or revocation of the temporary permit.
Section 9 Permit to Construct, Extend or Repair Sanitary Sewer Inside Property (TMC
14.12.090)
TMC 14.12.090 and Ordinance 342, §7 are amended as follows:
(a) It is unlawful for any person to construct, extend, relay, repair or make connections to a
private or lateral sanitary sewer within the property line, without obtaining a permit therefor as
provided in this chapter and filing a scale drawing showing the location thereof, as provided in
Section 14.12.050.
(b) The Department may issue the permit to the owner or occupant of any
property to construct, extend, relay, repair or make connections to a lateral or private sanitary
sewer inside of property line; provided that such owner or occupant shall comply with the
applicable provisions of this chapter.
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Section 10 Additional Work Permit (TMC 14.12.100)
TMC 14.12.100 and Ordinance 342, §8 are amended as follows:
When a permit has been issued for a private sanitary sewer or drain, as provided in this chapter,
no additional work shall be put in without the approval of the Department y- superviier, and a
new permit must be taken out covering all such additional work.
Section 11 The Flood Control Zone Permit Process - General Provisions (TMC 16.52.050)
TMC 16.52.050 and Ordinance 1462, §2(part) as amended by Ordinance 1499, §9 are amended as
follows:
(a) GENERAL STANDARDS.
(1) In all areas of special flood hazards, the following standards are required:
(A) Construction Materials and Methods-
(i) All new construction and substantial improvements shall be
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(iv) All new construction and substantial improvements shall. be
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(C) Subdivision Proposals —
(i)
minimize flood damage;
All subdivision proposals shall be consistent with the need to
(ii) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize flood
damage;
(iii) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(iv) Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated for all subdivision proposals.
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(D) Review of Building Permits — Where elevation data is not available either through
the flood insurance study or from another authoritative source, applications for building permits
shall be reviewed to assure that proposed construction will be reasonably safe from flooding.
The test of reasonableness is a local judgment and includes use of historical data, high -water
marks, photographs of past flooding, etc., where available. Failure to elevate to at least two feet
above grade in these zones may result in higher insurance rates.
(E) Anchoring —
(i) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
(ii) All manufactured homes must likewise be anchored to prevent flotation,
collapse or lateral movement and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or
frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Floor
Hazard Areas" guidebook for additional techniques).
(2) In addition to the general standards applicable to all areas under subsection (a) (1) of
this section, in all areas adjacent to the Green River the following standards are required:
(A) Construction/Reconstruction of Dikes/Levees — As part of the floodproofing for
developments adjacent to the Green River through Tukwila, construction or reconstruction of the
dike /levee system, in accordance with dike /levee plans and engineering studies, and in accordance
with the Green River Management Agreement (AG No. 85 -043), will be required as part of the
plan submittal. If dike /levee improvements are not required, and the natural riverbank is allowed
as bank protection, then a river bank stabilization analysis shall be provided to the Public Works
Department for review as part of the plan submittal.
(B) Dedication of levee /dike /riverbank access construction and maintenance easements
on all properties adjacent to the Green River shall, as part of their development, dedicate
construction and maintenance easements for access and maintenance of existing or future
dikes /levees /riverbanks along the Green River as part of their plan submittal. These easements
shall be provided in such a manner so that immediate access is allowed from other public rights -
of -way for maintenance and construction of dikes /levees.
(b) SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Sections 16.52.050 or 16.52.070, the following provisions
are required:
(1) Residential Construction —
(A) New construction and substantial improvement of any residential structure shall
have the lowest floor, including basement, elevated to a minimum of one foot above the level base
flood elevation.
. (B) Fully enclosed areas below the lowest floor that are subject to flooding are
prohibited, or shall be designated to automatically equalize hydrostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or a licensed architect, or must meet
or exceed the following minimum criteria:
(i) A minimum of two openings having a total net area of not less than one
square inch for every square foot of enclosed areas subject to flooding shall be provided.
(ii) The bottom of all openings shall be no higher than one foot above grade.
(iii) Openings may be equipped with screens, louvers, or other coverings or
devices; provided, that they permit the automatic entry and exit of floodwaters.
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(2) Nonresidential Construction - New construction and substantial improvement of
any commercial, industrial or other nonresidential structure shall either have the lowest floor,
including basement, elevated to a minimum of one foot above the level of the base flood elevation;
or, together with attendant utility and sanitary facilities, shall:
(A) Be floodproofed so that the structure is watertight one foot above the base flood
level, with walls substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
(C) Be certified by a registered professional engineer or licensed architect that the
design and methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the structural
design, specifications and plans. Such certification shall be provided to the official as set forth in
Section 16.52.050 (i) (5)(C) (ii);
(D) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection (b) (1) (B) of this section;
(E) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a
building constructed to the base flood level will be rated as one foot below that level).
(3) Critical Facility - Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the base floodplain. Construction of new critical facilities
shall be permissible within the base floodplain if no feasible alternative site ' is available. Critical
facilities constructed within the base floodplain shall have the lowest floor elevated to three feet
or more above the level of the base flood elevation at the site. Floodproofing and sealing
measures must be taken to ensure that toxic substances will not be displaced by or released into
flood waters. Access routes elevated to or above the level of the base floodplain shall be
provided to all critical facilities to the extent possible.
(4) Manufactured Homes - For land use conditions where new manufactured homes
(mobile homes shall be considered as one classification of manufactured homes) are allowed
within the City or for replacement/rehabilitation purposes, the following shall apply: All
manufactured homes to be placed or substantially improved within zones A1-30, AH and AE on
the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of
the manufactured home is one foot or more above the base flood elevation; and be securely
anchored to an adequately anchored foundation system in accordance with the provisions of
subsection (a) (1) (E) (ii) of this section. This paragraph applies to manufactured homes to be
placed or substantially improved in an expansion to an existing manufactured home park or
subdivision. This paragraph does not apply to manufactured homes to be placed or substantially
improved in an existing manufactured home park or subdivision, except where the repair,
reconstruction, or improvement of the streets, utilities and pad equals or exceeds 50% of the
value of the streets, utilities and pads before the repair, reconstruction or improvement has
commenced.
(c) FLOODWAYS.
(1) Located within areas of special flood hazard established in Section 16.52.050 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projectiles and erosion potential, the following
provisions apply:
(A) Prohibit encroachment, including fill, new construction, substantial improvements
and other developments, unless certification by a registered professional engineer or licensed
architect is provided demonstrating that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge;
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(B) If subsection (c)(1)(A) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction provisions of
this section.
(2) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for:
(A) Repairs, reconstruction, or improvements to a structure which do not increase the
ground floor area; and
(B) Repairs, reconstruction or improvements to a structure the cost of which does not
exceed 50% of the market value of the structure either:
(i) Before the repair, reconstruction, or repair is started, or
(ii) If the structure has been damaged, and is being restored, before the damage
occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to
structures identified as historic places shall not be included in the 50% determination.
(d) ENCROACHMENTS.
(1) The cumulative effect of any proposed development, when combined with all other
existing and anticipated development, shall not increase the water surface elevation of the base
flood more than 2 /10ths of a foot at any point along the river course.
(2) Flood Control Zone Permits and Licenses — Approvals. A flood control zone
permit application shall be filed for all developments at the time of filing the building permit
and/or shoreline permit, whichever is first. Such permit shall be a Type 1 permit processed
pursuant to TMC 18.108.010. No permit or license for structures or the development or use of
land shall be issued by the City within a flood hazard area unless a flood control zone permit has
been issued by the City. Such approval shall be based on a review of the provisions set forth in
this chapter and the technical fmdings and recommendations of the appropriate City
departments. Compliance with the provisions of this chapter does not obviate the need to obtain
other permits which may be required pursuant to State or federal law including approvals
required from the Washington State Department of Social and Health Services and/or Ecology
relating to water and/or sewer systems which ensure that water and sewer systems will be
designed to avoid infiltration, inflow or impairment.
(3) The Director or designee shall, within the time periods required by TMC
18.104.130, a— ream^^' e, after other required agency reviews are completed, indicate
approval or disapproval of the requested flood control zone permit, with copies to appropriate
agencies, including DOE.
(4) Whenever any alteration or relocation of any watercourse is proposed, the
Department of Public Works shall notify adjacent communities prior to such relocation or
alteration and submit such notifications to the Federal Emergency Management Agency.
Section 12 Permits - Authority (TMC 16.54.090)
TMC 16.54.090 and Ordinance 1591, §2.3 are amended as follows:
Applications for permits pursuant to this chapter shall be submitted to the Department of Public
Works and shall be processed as a Type 1 permit pursuant to TMC 18.108.010. The-Director-of
inck{de° the e tab'it ment of The Director of the Public Works Department shall have the
authority to adopt regulations and procedures to carry out the intent of this chapter.
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Section 13 Permits - Application (TMC 16.54.100)
TMC 16.54.100 and Ordinance 1591, § 2.4 are amended as follows:
The application for a land - altering permit shall be submitted on a form prescribed by the Director
of the Department of Public Works and shall include, in addition to the information required by
TMC 18.104.060, the following:
(1)
(2)
(3)
(4)
(5)
(6)
plans;
(7)
(8)
Site map and land - altering plan;
Interim erosion and sediment control plan;
Final erosion and sediment control plan;
Maintenance schedules and agreements;
Maintenance responsibility;
Work schedule and construction cost estimates for each element in the required
Soils engineering report;
Environmental checklist;
(9) Performance bond or other acceptable security;
(10) Any supplemental materials or conditions required by the Public Works Director.
Section 14 Permit - Issuance (TMC 16.54.120)
TMC 16.54.120 and Ordinance 1591, §2.6 are amended as follows:
(a) Permits are not transferable without the approval of the Public Works Director.
(b) A permit shall not be issued for land - altering activities associated with building or
development that is not consistent with the guidelines set out in the Comprehensive Land Use
Plan and Shoreline Master Program (on file in the Department of Community Development), or
not allowed by existing zoning, building, special exception, variance, or other codes or regulations
applicable to the site. However, if a developer elects to apply for and obtain a land- altering
permit prior to obtaining a building permit and/or completing all land use review and approval
processes, and they achieve compliance with such approvals through the land - altering plan prior
to issuance of the land - altering permit, the developer shall assume full liability for land - altering
activities conducted pursuant to the land - altering permit and shall save and hold harmless the
City from any claims for damages or other judgments in law or in equity arising out of later
findings regarding the placement of fill materials or the inability to utilize the site as prepared
through grade and fill operations.
(c) The Public Works Director may waive the requirement for any or all plans or
specifications upon finding that the information on the application is sufficient to demonstrate
that the proposed work will conform to the requirements of this chapter and other laws and
ordinances; provided, that a waiver of the requirement for detailed plans and specifications shall
not be construed as waiving any other requirements of this or related regulations, and the
applicant remains bound by all conditions of the application.
(d) Permit processing/timing
14
If the requ
If the requirements are not met, the Public Works Director shall inform the
resubmi#al:
Section 15 Variances (TMC 16.54.290)
TMC 16.54.290 and Ordinance 1591, §6.4 are amended as follows:
The City may grant a written variance from any requirements of this chapter if there are
exceptional circumstances applicable to the site such that strict adherence to these provisions will
result in unnecessary hardship and not fulfill the intent of this chapter. A written request stating
the specific variances sought and the reasons supporting the approval of such variances shall be
provided to the Department of Public Works. Variance application shall be processed as Type 3
decisions and processed pursuant to TMC 18.108.030.
Section 16 Administering Authority (TMC 17.04.060)
TMC 17.04.060 and Ordinance 1014(part) are amended as follows:
(a) Department of Community Development
Division ---of tlhe Department Office of Community Development is responsible for the
administration and coordination of this title.
The Planning
City Council.
thl (e City Council: The Tukwila City Council shall have sole authority to approve all
preliminary and final plats.
(d} Short Subdivision Committee: The Short Subdivision Committee shall have sole authority
to approve all short plats and boundary line adjustments. Short plats and boundary line
adjustments shall be processed as Type 2 decisions pursuant to TMC 18.108.020.
Section 17 Review Procedures (TMC 17.08.060)
TMC 17.08.060 and Ordinance 1014(part) as amended by Ordinance 1599, §6(3) are amended as
follows:
(a) REFERRAL TO OTHER DEPARTMENTS: Upon receipt of an application for a short
subdivision or boundary line adjustment, the Department of Community
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Development shall transmit one copy of the application to each member of the Short Subdivision
Committee, and one copy to any department or agency deemed necessary.
(b) NOTICE TO ADJACENT PROPERTY OWNERS: If a planned residential development
), (e} SHORT SUBDIVISION COMMITTEE: The Short Subdivision Committee shall consist
of the Director of the Department Office of Community Development who shall be chairman, the
Public Works Director, and the Fire Chief, or their designated representatives.
(d) SUBDIVISION COMMITTEE DECISION MEETING: A meeting of the Short
(2) Action The Short Subdivision Committee may approve, approve with .
modifications, or deny the application for a short subdivision or boundary line adjustment
pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long
as the Department of Community Development obtains the recommendations and consent of the
other members of the Committee before issuing a decision.
day of the date of appeal_
Section 18 Preliminary Plat Procedures (TMC 17.12.030)
TMC 17.12.030 and Ordinance 1014 (part) as amended by Ordinance
1599, §6(4) are amended as follows:
Applications for preliminary plat approval shall be processed as Type
provisions of TMC 18.108.050.
(a) APPLICATION:
1576, §2 and Ordinance
5 decision subject to the
(1) Application for a preliminary plat shall be filed with the Department of
Community Development on forms prescribed by that office. " mplete
preposed -let,
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(3) At least five copies of the preliminary plat shall be submitted, which shall be
prepared by a land surveyor.
(4) Fifteen copies of the preliminary plat, photographically reduced to 8 -1/2 inches
by 11 inches or 8 -1/2 inches by 14 inches, shall accompany the application.
(b) PRELIMINARY PLAT REQUIREMENTS: The following shall be part of the preliminary
plat:
(1) Vicinity Map — Adequate to readily identify the location of the plat in relation to
its surrounding vicinity.
(2) Preliminary Plat — The preliminary plat shall include all of the following:
(A) The subdivision name and number, and the name and address of the land
surveyor;
(B) The date of preparation, the true north point, a graphic scale and legal
description of the property proposed for subdivision. Plats shall be drawn to an appropriate
engineering (decimal) scale;
(C) All existing conditions shall be delineated. The location, width and names
of all existing or prior platted streets or other public open spaces, permanent buildings and
structures, and section and municipal corporation lines within or adjacent to the property
proposed for subdivision shall be shown. In the case of a resubdivision, the lots, blocks, streets,
alleys, easements and parks of the original subdivision being vacated, shall be shown by dotted
lines in their proper position in relation to the new arrangement of the subdivision, the new
subdivision being clearly depicted in solid lines so as to avoid ambiguity. Existing sewer and
water lines, culverts or other underground facilities within the property proposed for
subdivision, indicating pipe sizes, grades and exact location as obtained from public records, shall
be shown. Boundary lines of adjacent lands, whether subdivided or unsubdivided, shall be
indicated by dotted lines for a distance of 300 feet from the external boundary of the property
proposed for subdivision and shall include the existing land use classification;
(D) A survey of existing trees and vegetation with a retention/removal plan
which assures the preservation of significant trees and vegetation;
(E) Existing contours (solid) and proposed contours (dotted) at intervals of
five feet or less and referenced to the United States Coast and Geodetic Survey (USC & GS)
datum. All contour lines shall be extended at least 100 feet beyond the external boundaries of the
property proposed for subdivision;
(F) The names, locations, widths, and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations, and utilities, together with the
purpose and any conditions or limitations of such reservations clearly indicated;
(G) Clearly indicate the source of water supply, method of sewage disposal,
and manner of surface runoff control;
(H) Indicate the approximate dimensions of each lot and all lot and block
numbers;
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(I) Indicate the acreage of land to be subdivided, the number of lots and the
area of the smallest lot.
(c) REFERRAL TO OTHER OFFICES: Upon receipt of a complete and satisfactory
preliminary plat application, the Department of Community Development
shall transmit a Notice of Application and one copy of the preliminary plat to each of the
following offices: Public Works, Building Division, Fire Department, Police Department, King
County Health Department, the appropriate school district, and each public utility agency
serving the area in which the property proposed for subdivision is located.
(d) PLANNING DIVISION ACTION ::
(4) The Department of Community Development may determine
that a meeting be conducted to resolve major issues identified as a result of departmental
recommendations. Such meeting shall be attended by those offices or agencies responsible for the
recommendations, and must include the applicant and the Department of Community
Development . The proceedings and results of the meeting shall be
documented.
(e) PLANNING COMMISSION PUBLIC HEARING: The Planning Commission shall
(3) One notice shall be mailed to eacl
fie.
(g) PLANNING COMMISSION ACTION:
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(h) CITY COUNCIL ACTION:
Lel (3} Approval of a preliminary plat shall constitute approval for the applicant to
develop construction plans and specifications for all facilities and improvements, as required, in
strict conformance to the approved preliminary plat, design standards, and any special conditions
required by the City Council, and to prepare a final plat.
MO} EXPIRATION OF PRELIMINARY PLAT: Approval of any preliminary plat shall expire
and become null and void five years ene-yeaf from date of such preliminary plat approval. The
City Council may grant one extension of the preliminary plat approval for a period not to exceed
one year.
Section 19 Final Plat Procedures (TMC 17.12.040)
TMC 17.12.040 and Ordinance 1014 (part) as amended by Ordinance 1576 are amended as
follows:
(a) APPLICATION:
(1) Application for fmal plat shall be filed with the Department of Community
Development P on forms prescribed by that office.
(3) The application shall include at least five copies and the reproducible original of
the final plat and shall be prepared by a land surveyor in strict conformance with the preliminary
plat approval.
(b) FINAL PLAT REQUIREMENTS:
(1) General —
(A) The fmal plat, containing all the information specified in this section,
should be drawn in a neat and legible manner to a scale of 1 inch representing 100 feet unless
otherwise approved by the Department of Community Development , and
shall be drawn in black drawing ink on 18 -inch by 22 -inch sheets of high grade polyester drafting
film.
(B) All documents, maps, survey calculations, and 'notes shall contain the
name of the subdivision, the name of the subdivider, and the name of the land surveyor
responsible to the subdivider.
(2) Specific —
(A) The final plat shall clearly depict the following information:
(i)
Date, title, name and location of the subdivision, graphic scale,
datum plane, and true north point;
(ii) The lines and names of all streets or other public ways, parks,
playgrounds, easements, reservations, and any area to be dedicated to public use, with notes
stating their purpose and any limitations;
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(iii) The lines and names of all existing or platted streets or other public
ways, parks, playgrounds and easements adjacent to the final plat, subdivision or dedication,
including municipal boundaries, township lines, and section lines;
(iv) All dimensions along the lines of each lot, with the true bearings
and sufficient data necessary to readily determine and reproduce on the ground the location,
bearing, and length of every street line, easement line, lot line, block line, and the boundary of the
subdivided tract;
(v) The lengths and bearings of all straight lines, curve radii, arcs, and
semi - tangents of all curves;
(vi) The location of all permanent control monuments based on
Lambert coordinates;
(vii) Suitable primary control points, approved by the Public Works
Department, or descriptions and ties to such control points, to which all dimensions, angles,
bearings and similar data given on the plat shall be referred;
(viii) The elevations of all corners on the boundaries of the subdivided
tract.
(ix) A vicinity map of a scale not more than 400 feet to 1 inch and
which is sufficient to readily identify the location of the subdivided tract.
(B) All dimensions shall be given in feet and decimals of a foot to the nearest
1 /100th. All angles and bearings shall be accurately measured in degrees, minutes, and seconds.
(C) The final plat shall be accompanied by an approved printed computer plat
closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries.
Allowable error of closure shall not exceed 1 foot in 5,000 feet.
(D) In the event the plat constitutes a replat, the lots, blocks, streets, etc., of
the previous plat shall be shown by dotted lines in their proper positions in relation to the new
arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity.
(E) The final plat shall be accompanied by other streets showing all utility
grades, contours at two foot intervals, and the plat shall be based on USC & GS datum.
(F) The final plat shall be accompanied by the plans and profiles of all street
center lines, sanitary sewers, storm sewers and water lines, to the vertical scale of four feet to the
inch and horizontal scale of 40 feet to the inch, on City profile drafting film provided by the
Department of Public Works.
(G) The final plat shall also contain a complete legal description of the land to
be subdivided.
(3) Dedications /certifications — In addition to other requirements specified in this
section, the final plat shall contain or be accompanied by the following:
(A) Dedication of all streets, rights -of -way, parks, playgrounds, easements,
reservations, and any area to be dedicated to public use, together with any restrictions or
limitations thereon;
(B) Certification by the land surveyor that a survey has been made and all
required monuments and stakes have been properly set;
(C) Certification by the responsible agencies that the methods of sewage
disposal and water service are acceptable;
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(D) Certification by the King County Finance Department that taxes have been
paid in accordance with RCW 58.08.030 and 58.08.040, and that a deposit has been made with
the King County Finance Department in sufficient amount to pay the taxes for the following
year;
(E) Certification by the City Treasurer (Finance Director) that there are no
delinquent special assessments, and that all special assessments certified to the City Treasurer
(Finance Director) for collection on any property herein contained and dedicated for streets,
alleys or other public uses are paid in full;
(G) Certification of approval by the Public Works Department, to be
signed by the Director thereof;
j (H) Certification of approval by the Department Office of Community
Development, to be signed by the director thereof;
an (4) The applicant shall furnish the City a plat certificate from a title
insurance company documenting the ownership and title of all interested parties in the plat,
subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45
calendar days prior to the date of City Council approval of the final plat.
(c) INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS:
(1) Required improvements — Every subdivider may be required to grade and pave
streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers,
water mains, street lights and name signs, together with all appurtenances thereto in accordance
with specifications and standards of this code, approved by the Public Works Department, and
in accordance with other standards of the City.
(2) Supervision and inspection — A licensed engineer or engineering firm, unless found
to be unacceptable to the Department of Public Works, shall be responsible for the supervision
and inspection of all subdivision improvements. All improvements shall be certified in writing as
completed in accordance with plans and specifications as approved by the Department of Public
Works.
(3) Permits — Prior to proceeding with any subdivision improvements, the subdivider
shall obtain those permits from the City as are necessary. The subdivider is also responsible for
complying with all applicable permit requirements of other federal, State and local agencies.
(4) Deferred improvements — A final plat shall not be approved by the City Council
until all required improvements are constructed in a satisfactory manner and approved by the
responsible City departments or sufficient bond has been satisfactorily posted in lieu of
completion.
(A) In the event a subdivider wishes to defer certain on -site improvements,
written notice shall be made to the Department of Community Development .
The subdivider shall furnish a performance bond to the City in an amount equal to 150% of the
estimated cost of the deferred improvements. The decision of the Director of Public Works,
regarding the amount of the performance bond, shall be final and conclusive.
(B) Time Limit. Such bond, to be filed with and held by the City Clerk, shall
list the exact work that shall be performed by the applicant, and shall specify that all of the
deferred improvements be completed within one year from the date of approval of the fmal plat
by the City Council. Extensions of this time period may be authorized by the Director of Public
Works. In the event an extension is authorized, the bond shall be revised to reflect the new
completion date.
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(C) Check in Lieu of Bond. The subdivider may substitute a certified or
cashier's check, assignment of funds or any other method of security acceptable to the City
Council in lieu of a performance bond. Such substitution shall be made payable to the City
Treasurer (Finance Director), and shall be in the same amount and carry with it the same
restrictions as the bond for which it is substituting.
(D) Proceed Against Bond or Other Security. The City reserves the right, in
addition to all other remedies available to it by law, to proceed against such bond or other
security in lieu thereof.
(E) Binding Upon Applicant. The requirement of the posting of any
performance bond or other security shall be binding upon the subdivider, his heirs, successors
and assigns.
(F) Notification to Department of Community Development Planning
Division. The Director of Public Works shall notify the Department of Community
Development Planning-Division in writing of the following: the improvements deferred, amount
of bond or other security and time limit of such, and any other pertinent information.
(5) Certificate of completion — The Director of Public Works shall inform the
Department of Community Development Planning—Division Planning-Division in writing verifying that the
subdivider has completed the required installations and/or bonding in accordance with the
provisions of this code and the specifications and standards of the departments.
(d) FINAL PLAT REVIEW PROCEDURES:
(1) Referral to other departments and agencies — The Department of Community
Development shall distribute the final plat to all departments and agencies
receiving the preliminary plat, and to any other departments, special purpose districts and other
governmental agencies deemed necessary.
(2) Departmental approval — Within 15 calendar days of receipt of the final plat, the
Public Works Department shall review the final plat and submit to the Department of
Community Development a written report with respect to the following
considerations:
(A) That the proposed final plat bears the required certificates and statements
of approval;
(B) That a title insurance report furnished by the subdivider confirms the title
of the land, and the proposed subdivision is vested in the name of the owner whose signature
appears on the plat certificate;
(C) That the facilities and improvements required to be provided by the
subdivider have been completed or, alternatively, that the subdivider has submitted with the
proposed final plat a performance bond or other security in conformance with Section 17.12.040,
subsection (4);
(D) That the plat is technically correct and accurate as certified by the land
surveyor responsible for the plat.
(3) Submission to City Council Planning Commission The Department of
Community Development , upon receipt of the Public Works Department
report and any other pertinent written comments, shall forward the proposed fmal plat and
written recommendation thereon
, to the City Council within forty-five calendar days from the date of
filing of the proposed final plat.
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(4) City Council action
If the Council finds that the proposed
plat makes appropriate provisions for the public health, safety, general welfare, and for such
open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary sewers,
parks, playgrounds, sites for schools and school grounds, and that the public use and interest will
be served by the platting of such subdivision, then it shall be approved. If the Council finds that
the proposed plat does not make such appropriate provisions or that the public use and interest
will not be served, then the Council may disapprove the proposed subdivision.
(5) Filing final plat — Before the final plat is submitted to the City Council, it shall be
signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of
the Department Off-tee of Community Development. Upon approval by the City Council, it
shall be signed by the Mayor and attested by the City Clerk. The final plat shall be filed with
the Department of Records and Elections by the City.
(6) Extension of the final plat approval date — Final approval by the City Council of a
portion of the final plat will constitute an automatic extension of one year from said approval
date for the remainder of the final plat. Additional extensions of six months may be granted by
the City Council.
Section 20 Application Requirements (TMC 17.16.030)
TMC 17.16.030 and Ordinance 1014 (part) as amended by Ordinance 1576, §4 are amended as
follows:
(a) Application for binding site improvement plan shall be made with the
of the Department Office of Community Development on forms prescribed by that office. Said
application shall be accompanied by ten copies of the site improvement plan and one
reproducible photographic reduction measuring on 8 -1/2 inches by 11 inches or 8 -1/2 inches by
14 inches.
(b) The site improvement plan shall conform to the following requirements:
(1) The plan shall be a neat and accurate drawing by a land surveyor on reproducible
material at a decimal scale.
(2) The plan shall identify the location and dimensions of all existing and proposed
streets, roads, improvements, utilities, and open spaces.
(3) The plan shall bear all inscriptions setting forth such appropriate limitations and
conditions for the use of the land.
(c) The application for a binding site improvement plan shall be accompanied by a
nonrefundable fee of $200.00.
Section 21 Appeal Procedure (TMC 17.16.090)
TMC 17.16.090 and Ordinance 1014 (part) are hereby repealed:
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Section 22 Exceptions (TMC 17.32.010)
TMC 17.32.010 and Ordinance 1014(part) are amended as follows:
(a) EXCEPTION CRITERIA: Exceptions from the requirements of this code may be granted
when undue hardship may be created as a result of strict compliance with the provisions of this
code. Any authorization for exception may prescribe conditions deemed necessary or desirable
for the public interest. An exception shall not be granted unless:
(1) There are special physical circumstances or conditions affecting said property,
such that the strict application of the provisions of this code would deprive the applicant of the
reasonable use or development of his land; and
(2) The exception is necessary to insure such property rights and privileges as are
enjoyed by other properties in the vicinity and under similar circumstances; and
(3) The granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity.
(b) PROCEDURES: An application for any exception from this code shall be submitted in
writing by the subdivider, as part of the application for short subdivision,
binding site improvement plan, or preliminary plat. Such application shall fully state all
substantiating facts and evidence pertinent to the request.
(1) Short subdivision — A short subdivision or binding site improvement plan
exception shall be reviewed by the Short Subdivision Committee in conjunction with review of
the short subdivision or binding site improvement plan application. The decision of the Short
Subdivision Committee shall be final and conclusive unless appealed in accordance with the
appeal procedure for Type 2 decisions set forth in TMC 18.108.020. establi3hed i^ Section
(2) Preliminary plat — A preliminary plat exception shall be considered by the City
Council at the same time the public hearing is conducted for the
preliminary plat.
The City Council shall, in conjunction with its consideration of the Planning
The decision of the City Council
shall be final and conclusive.
Section 23 Rules of Interpretation (TMC 18.08.040)
TMC 18.08.040 and Ordinance 1758, §1(part) are amended as follows:
When uncertainty exists as to the boundaries of any use district shown on the official zoning
map, the following rules of interpretation shall apply:
(1) Where district boundaries are indicated as approximately following the centerline of
streets, alleys, highways, structure or railroad tracts, the actual centerline shall be construed to be
the boundary;
(2) Where district boundaries are indicated as running approximately parallel to the
centerline of a street, the boundary line shall be construed to be parallel to the centerline of the
street;
24
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(3) Where district boundaries are indicated on such map as approximately following the
lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use
district;
(4) Where a district boundary on the official zoning map divides a tract in unsubdivided
property, the location of the use district boundary, unless the same is indicated by dimensions
thereon, shall be determined by use of the scale appearing on the official zoning map;
(5) Unmapped shorelands shall be considered to be within the same land use district as
the adjacent upland as shown on the official zoning map;
(6) Where a public street or alley is officially vacated or abandoned, the regulations
applicable to the abutting property to which the vacated portion reverts shall apply to such
vacated or abandoned street or alley;
(7) Where a district boundary line, divides a lot which was in single ownership at the
time of passage of this title, the Board of Adjustment may permit, as a special exception, the
extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district
line into the remaining portion of the lot;
(8) In case uncertainty exists which cannot be determined by application of the foregoing
rules, the Board of Adjustment shall determine the location of such use district boundaries.
Applications for such special exceptions shall be a Type 3 decision processed pursuant to TMC
18.108.030.
Section 24 Appeals (TMC 18.44.170)
TMC 18.44.170 and Ordinance 1758 (part) are amended as follows:
Appeals of any decision of the Department regarding granting or denial on shoreline substantial
development permits and any decision of the Board of Adjustment regarding a shoreline variance
may be appealed to the Shorelines Hearings Board pursuant to RCW ch. 90.58.
Section 25 Exceptions (TMC 18.45.115)
TMC 18.45.115 and Ordinance 1758, § 1(part) are amended as follows:
(a) General. With the approval of the Director, isolated wetlands that are 1,000 square feet
or smaller in area, and which are low in value according to the rating methodology used in the
City's Water Resource Rating and Buffer Study, may not require the compensatory mitigation
standards of this chapter.
(b) Piping. Piping will be allowed in Type 1 and Type 2 watercourses only where relocation
or alteration of a watercourse is denied and would result in denial of all reasonable use.
(c) Reasonable Use Exceptions.
(1) If application of this chapter would deny all reasonable use of the property
containing wetlands, watercourses or their buffers, the property owner or the proponent of a
development proposal may apply for a reasonable use exception.
(2) Applications for a reasonable use exception shall be a Type 4 decision and shall be
processed pursuant to Section 307.
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(3) If the applicant demonstrates to the satisfaction of the Planning Commission that
application of the provisions of this chapter would deny all reasonable use of the property,
development may be allowed which is consistent with the general purposes of this chapter and
the public interest.
(4) The Commission, in granting approval of the reasonable use exception, must
determine that:
(A) No reasonable use with less impact on the sensitive area and its buffer is
possible;
(B) There is no feasible on -site alternative to the proposed activities, including
reduction in size or density, phasing of project implementation, change in timing activities,
revision of road and lot layout, and/or related site planning activities that would allow a
reasonable economic use with fewer adverse impacts to the sensitive area and its buffer;
(C) As a result of the proposed development there will be no increased or
unreasonable threat of damage to off -site public or private property and no threat to the public
health, safety or welfare on or off the development proposal site;
(D) . Alterations permitted shall be the minimum necessary to allow for
reasonable use of the property;
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(H) Any approved alteration of a sensitive area under this section shall be 2 o
subject to conditions as established by this chapter and will require mitigation under an approved ;o N
mitigation plan. Approval of a reasonable use exception shall not eliminate the need for any o 1.
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(F) Disturbance of sensitive areas has been minimized by locating the
necessary alterations in the buffers to the greatest extent possible;
(G) The inability to derive reasonable use of the property is not the result of
actions by the applicant in segregating or dividing the property and creating the undevelopable
condition after the effective date of the ordinance from which this chapter derives; and
Section 26 Appeals (TMC 18.45.125)
TMC 18.45.115 and Ordinance 1758, §1(part) are amended as follows:
(a) Any aggrieved party who objects to or disagrees with DCD decisions or conditions for
development in a sensitive area shall appeal to the Planning Commission. Any such appeal shall
be a Type 2 decision and shall be processed pursuant to TMC 18.108.020. made i~ writing
(b) In considering appeals of decisions or conditions, the following shall be considered:
(1) The intent and purposes of the sensitive areas ordinance from which this chapter
derives;
(2) Technical information and reports considered by the DCD; and
it dr iwr «4Y iYori} te.14.u.r' .ides, , r .
(3) Findings of the Director which shall be given substantial weight.
26
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Section 27 Multi- Family Density Standards (TMC 18.46.070)
TMC 18.46.070 and Ordinance 1758, §1 (part) are amended as follows:
In multiple- family residential districts, the ' .. • _ • -- - . ity
Council may authorize a dwelling -unit density not more than 20% greater than permitted by the
underlying zones, after entry of findings that the following are substantially provided:
(1) A variety of housing types is offered.
(2) At least 15% of the natural vegetation is retained (in cases where significant stands
exist).
(3)
Advantage is taken or enhancement is achieved of unusual or significant site
features such as views, watercourses, wetlands or other natural characteristics.
(4) Separation of auto and pedestrian movement is provided, especially in or near
areas of recreation.
(5) Developmental aspects of the PRD complement the land use policies of the
Comprehensive Plan.
Section 28 Pre - application Procedure (TMC 18.46.100)
TMC 18.46.100 and Ordinance 1758, §1(part) is repealed:
Section 29 Application Procedure Required for PRD Approval (TMC 18.46.110)
TMC 18.46.110 and Ordinance 1758, § 1(part) are amended as follows:
(a) Filing of Application. Application for approval of the PRD shall be made on forms
prescribed by the DCD and shall be accompanied by a filing fee as required in the Application
Fees chapter of this title and by the following:
(1) Justification for the density increases, or lot size and setback reductions, if
requested by the applicant;
(2) Program for development including staging or timing of development;
(3) Proposed ownership pattern upon completion of the project;
(4) Basic content of any restrictive covenants;
(5) Provisions to assure permanence and maintenance of common open space through
a homeowners' association, or similar association, condominium development or other means
acceptable to the City;
(6) An application for rezone may be submitted with the PRD application if rezoning
is necessary for proposed density. Fees for rezone request shall be in addition to those of the
PRD application;
(7) An application for preliminary plat may be submitted with the PRD application,
if necessary. Fees for the subdivision shall be in addition to those of the PRD application;
27
(8) Graphic images of development in any sensitive area or buffer, including
photomontage or computer - generated perspectives in a standardized format required by the
Director;
(9) Every reasonable effort shall be made to preserve existing trees and vegetation and
integrate them into the subdivision's design by preparing a tree inventory of the significant
vegetation on -site as part of the preliminary plat application. A tree and vegetation
retention/removal plan shall be part of any preliminary plat application. Such tree and vegetation
retention/removal plan shall assure the preservation of significant trees and vegetation.
), -(d) City Council Public Hearing.
(1) PRD's shall be processed as Type 5 decisions, pursuant to TMC 18.108.050.
(2) The PRD shall be an exception to the regulations of the underlying zoning district.
The PRD shall constitute a limitation on the use and design of the site unless modified by
ordinance.
Section 30 Review Criteria (TMC 18.46.112)
TMC 18.46.112 and Ordinance 1758, § 1 (part) are amended as follows:
The City Council shall find that the proposed development plans meet
all of the following criteria in their decision making:
(1) Requirements of the subdivision code for the proposed development have been met,
if appropriate;
(2) Reasons for density increases, or lot size and setback reductions, meet the criteria as
listed in the Planned Residential Development District chapter of this title;
(3)
Adverse environmental impacts have been mitigated;
(4) Compliance of the proposed PRD to the provisions of this chapter and the
Sensitive Areas Overlay District chapter of this title;
(5) Time limitations, if any, for the entire development and specified stages have been
documented in the application;
(6) Development in accordance with the Comprehensive Land Use Policy Plan and
other relevant plans;
(7) Compliance with design review
TMC ch. 18.60
guidelines see
(8) Appropriate retention and preservation of existing trees and vegetation recommended by
the Director.
28
Section 31 Expiration of Time Limits (TMC 18.46.140)
TMC 18.46.140 and Ordinance 1758, §1(part) are amended as follows:
Construction of improvements in the PRD shall begin within twelve months from the date of the
filing of the final PRD plan by the City Clerk as provided in the Planned Residential
Development District chapter of this title. An extension of time for beginning construction may
be requested in writing by the applicant, and such extension not exceeding six months may be
granted by the Department upon showing of good cause. If construction
does not occur within 18 months from the date of filing of PRD plans by the City Clerk, the
PRD zoning suffix shall be dropped from the official zoning map and the zoning shall revert to
the underlying designation.
Section 32 Permit Processing and Duration (TMC 18.54.150)
TMC 18.54.150 and Ordinance 1758, §1(part) are amended as follows:
(a) If the proposed vegetation clearing and permit application meet the requirements of this
chapter and other applicable City standards, including but not limited to the Shoreline Master
Program, the land alteration ordinance, and sensitive areas standards, the Director shall approve
the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions
shall be processed as Type 1 decisions.
(b) If the Tree Clearing Permit application is not approved, the Director shall inform the
applicant in writing of the reasons for disapproval.
(c) From the date of issuance, permits shall be valid for a period of 180 days.
Section 33 Loading space requirements (TMC 18.56.060)
TMC 18.56.060 and Ordinance 1758, §1(part) are amended as follows:
Off - street space for standing, loading and unloading services shall be provided in such a manner
as not to obstruct freedom of traffic movement on streets or alleys. For all office, commercial,
and industrial uses, each loading space shall consist of at least a ten -foot by 30 -foot loading space
with 14 -foot height clearance for small trucks such as pickup trucks, or a 12 -foot by 65 -foot
loading space with 14 -foot height clearance for large trucks, including tractor - trailer large spaces.
The prescribed number of spaces required are as follows:
Loading Space Requirements
Square Feet of Gross Floor Area
(Except Basement Area)
Number of Spaces
Office Buildings, Hotels,
Hospitals, and Institutions
1
3,000
to
100,000
2
100,000
to
335,000
3
335,000
to
625,000
4
625,000
to
945,000
5
945,000
to
1,300,000
6
1,300,000
to
1,695,000
7
1,695,000
to
2,130,000
8
2,130,000
to
2,605,000
9
2,605,000
to
3,120,000
10
3,120,000
to
3,675,000
29
Number of Spaces
Other Commercial and
Industrial Buildings (30%
minimum large spaces)
1
Under
10,000
2
10,000 to
25,000
3
25,000 to
85,000
4
85,000 to
155,000
5
155,000 to
235,000
6
235,000 to
325,000
7
325,000 to
425,000
8
425,000 to
535,000
9
535,000 to
655,000
10
655,000 to
775,000
11
775,000 to
925,000
These requirements may be modified as a Type 4 decision,
, where the Planning Commission or, on appeal, the City Council
Geminissieft finds that such reduction will not result in injury to neighboring property or
obstruction of fire lanes or traffic and will be in harmony with the purposes and intent of this
chapter.
Section 34 Cooperative Parking Facility (TMC 18.56.070)
TMC 18.56.070 and Ordinance 1758, §1(part) are amended as follows:
When two or more uses occupy the same building or when two or more buildings or uses
cooperatively share an off - street parking facility, the total requirements for off - street parking and
loading facilities shall be at least the sum of the requirements for the greater of the uses at any one
time. Any application for cooperative parking or any modification of the standard created by
this section shall be a Type 4 decision to be determined by the Planning Commission or, on
appeal, the City Council.
Section 35 Action by the Board of Architectural Review (TMC 18.60.070)
TMC 18.60.070 and Ordinance 1758, §1(part) are amended as follows:
(1) Approval. Design Review decisions shall be processed as Type 4 decisions pursuant to
TMC 18.108.030. If the BAR approves the proposed development, a building permit may be
issued by the appropriate City official providing all other requirements of the building code and
ordinances of the City have been complied with.
(2) Approval with Conditions. If the BAR approves the proposed development plans with
conditions, it may require that such conditions shall be fulfilled prior to the issuance of a building
or occupancy permit, where appropriate.
(3) Denial. The BAR may deny the proposed development plans if the plans do not satisfy
the guidelines of this chapter.
Section 36 Application - Requirements and Fees (TMC 18.64.030)
TMC 18.64.030 and Ordinance 1758, §1(part) are amended as follows:
Application for conditional use permit shall be filed with the DCD on forms prescribed by that
office. All applications shall be accompanied by a filing fee as required in the Application Fees
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chapter of this title. Applications for Conditional Use Permits shall be Type 4 decisions and
shall be processed pursuant to TMC 18.108.040.
(1) Vicinity map;
e-subieeP�°PeFT
Section 37 Application - Hearing - Notice (TMC 18.64.040)
TMC 18.64.040 and Ordinance 1758, §1(part) are repealed:
title.
Section 38 Criteria (TMC 18.64.050)
TMC 18.64.050 and Ordinance 1758, §1(part) are amended as follows:
The
conditional use permit:
following criteria shall apply in granting a
(1) The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity of the proposed use or in the district in
which the subject property is situated;
(2) The proposed use shall meet or exceed the performance standards that are required
in the district it will occupy;
(3) The proposed development shall be compatible generally with the surrounding
land uses in terms of traffic and pedestrian circulation, building and site design;
(4) The proposed use shall be in keeping with the goals and policies of the
Comprehensive Land Use Policy Plan;
(5) All measures have been taken to minimize the possible adverse impacts which the
proposed use may have on the area in which it is located.
Section 39 Expiration and Renewal (TMC 18.64.060)
TMC 18.674.060 and Ordinance 1758, §1(part) are amended as follows: '
A conditional use permit shall automatically expire one year after a Notice of Decision approving
the permit is issued .. _ . .. . - •• unless a building permit
conforming to plans for which the CUP was granted is obtained within that period of time. A
conditional use permit shall automatically expire unless substantial construction of the proposed
development is completed within two years from the date a Notice of Decision approving the
permit is issued. .. . . . . . . - -- . . . .... _ . The
Planning Commission or City Council, on appeal, may authorize longer periods for a conditional
use permit if appropriate for the project. The Planning Commission or City Council, on appeal,
may grant a single renewal of the conditional use permit if the party seeking the renewal can
demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the
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original application for a conditional use permit was granted, which would not warrant such a
renewal. No public hearing is required for a renewal of a conditional use permit.
Section 40 Performance Bond or Other Security (TMC 18.64.080)
TMC 18.64.080 and Ordinance 1758, §1(part) are amended as follows:
A performance bond or other adequate and appropriate security may be required g
for any elements of the proposed project which the Planning Commission or City
Council, on appeal, determines are crucial to the protection of the public welfare. Such bond
shall be in an amount equal to 100% of the cost of the installation or construction of the
applicable improvements.
Section 41 Application Requirements (TMC 18.64.090)
TMC 18.66.040 and Ordinance 1758, §1(part) are amended as follows:
Applications for unclassified use permits shall be Type 5 decisions and shall be processed
pursuant to TMC 18.108.050.
Scaled site and building elevation plans;
Vicinity map;
List of names and addresses of all property owners within 300 feet of the subject
Section 42 Notice and Hearing Requirements (TMC 18.66.050)
TMC 18.66.050 and Ordinance 1758, §1(part) are repealed.
thereof.
Section 43 Criteria (TMC 18.66.060)
TMC 18.66.060 and Ordinance 1758, §1(part) are amended as follows:
The City Council shall be guided by the following criteria in granting
an unclassified use permit:
(1) The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity;
(2) The proposed use shall meet or exceed the same standards for parking, landscaping,
yards and other development regulations that are required in the district it will occupy;
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(3)
uses;
The proposed development shall be compatible generally with the surrounding land
(4) The proposed use shall be in keeping with the goals, objectives, and policies of the
Comprehensive Land Use Policy Plan;
(5) All measures shall be taken to minimize the possible adverse impacts which the proposed
use may have on the area in which it is located.
Section 44 Expiration and Renewal (TMC 18.66.070)
TMC 18.66.070 and Ordinance 1758, §1(part) are amended as follows:
An unclassified use permit shall automatically expire one year after the date of issuance of a
Notice of Decision granting approval of the application • - .. • unless
a building permit conforming to plans upon which the permit was granted is obtained within that
period of time. An unclassified use permit shall automatically expire unless substantial construc-
tion shall be completed within two years from the date of issuance of a Notice of Decision
granting approval of the application
unless a renewal is granted or unless the unclassified use permit UUP specifically provides for a
period greater than two years. The City Council,
Eemmissien —may renew an unclassified use permit for a maximum period of one additional year.
No more than one renewal shall be issued for any unclassified use permit UUP. A renewal may
be granted only if there have been no pertinent changes in conditions surrounding the property
since the time of original approval. No public hearing is required for renewal of an unclassified
use permit.
Section 45 Revocation of Permit (TMC 18.66.080)
TMC 18.66.080 and Ordinance 1758, §1(part) are amended as follows:
(1) The City Council, . - •- .. - - - ' . • : •- . -, may revoke or
modify any unclassified use permit. Such revocation or modification shall be made on any one or
more of the following grounds:
(A) That the approval was obtained by deception, fraud, or other intentional and
misleading representation;
(B) That the use for which such approval was granted has at any time ceased for a
period of one year or more;
(C) That the use for which such approval was granted has been abandoned;
(D) That the permit granted is exercised contrary to the terms or conditions of such
approval or in violation of any statute, resolution, code, law or regulation;
(E) That the use for which the approval was granted is so exercised as to be
detrimental to the public health or safety.
(2) Any aggrieved party may petition the City Council in writing to initiate revocation or
modification proceedings.
(3) Before an unclassified use permit may be revoked or modified, a public hearing shall be
held. Procedures concerning notice, reporting, and appeals shall be the same as required by-this
chapter for the initial consideration of an unclassified use permit application.
33
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Section 46 Resubmittal of Application (TMC 18.66.100)
TMC 18.66.100 and Ordinance 1758, § 1(part) are amended as follows:
An application for an unclassified use permit which has been disapproved by the Council cannot
be resubmitted - • -. • _ : • within six months of the date of Council disapproval.
Section 47 Nonconforming adult entertainment establishments (TMC 18.70.110)
TMC 18.70.110 and Ordinance 1758, §1(part) are amended as follows:
Notwithstanding any other provision of this chapter, any adult entertainment use or
establishment which is rendered nonconforming by the provisions of any Ordinance 1581 of the
City shall be terminated or discontinued within 90 days from the effective date of that ordinance.
(1) The owner or operator of any adult entertainment use or establishment which is
rendered nonconforming by the provisions of an Ordinance 1581 of the City may appeal the
90 -day termination provision of this section by filing a notice of appeal with the City Clerk
within 60 days of the effective date of this section.
(2) Within ten days of receipt of a notice of appeal, the City Clerk shall schedule a
hearing on the appeal before a hearing examiner. The hearing shall be no later than 20 days from
the date of receipt by the City of the notice of appeal, unless extended by mutual agreement of
the parties. The hearing examiner shall be the City Clerk or his /her designee.
(3) Within ten three days, excluding weekends and holidays recognized by the City,
from the date of the hearing on an appeal under this section, the hearing examiner shall issue a
written decision, which shall set forth the hearing examiner's findings of fact and conclusions of
law. The hearing examiner shall consider the following factors and any other factors that he /she
determines to be relevant or helpful in reaching a decision:
(A) The harm or hardship to the appellant caused by the 90 -day termination
provision of this section;
(B) The benefit to the public to be gained from termination of the use;
(C) The nature of the leasehold or other ownership interest that an appellant
may have in premises occupied by the adult entertainment use;
(D) Restrictions or lack of same imposed on an appellant's use of such
premises by a lease or other binding agreement;
(E) Amounts expended by an appellant for improvements to such premises or
for necessary equipment and the extent to which those amounts have been recovered
through depreciation, tax savings, or whether such improvements are contemplated to be
left as property of the lessor; and
(F) Any clear evidence of substantial economic harm caused by enforcement of
the 90 -day termination provision of this section.
(4) Any appeal of the 90 day termination provision filed pursuant to this section
shall be classified as a Type 1 decision to be rendered by the Hearing Examiner pursuant to the
provisions of TMC ch. 18.104 and 18.108.
(1) Appeal and Hearing.
Council.
(C) The decision of the City Council en an appeal from a decic i^^ of the
34
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Section 48 Application Requirements (TMC 18.72.040)
TMC 18.72.040 and Ordinance 1758, §1(part) are amended as follows:
An application to the Board of Adjustment for the issuance of a variance shall be made on forms
prescribed by the DCD. All applications shall be accompanied by a filing fee as required in the
Application Fees chapter of this title. All variances shall be processed as Type 3 decisions
pursuant to TMC 18.108.030.
documents:
(1) Completed application form;
Section 49 Application - Hearing and Notice (TMC 18.72.050)
TMC 18.72.050 and Ordinance 1758, §1(part) are repealed:
-
Section 50 Application - Board Decision (TMC 18.72.060)
TMC 18.72.060 and Ordinance 1758, §1(part) are repealed:
Section 51 Appeal (TMC 18.72.080)
TMC 18.72.080 and Ordinance 1758, §1(p[art) are repealed:
Section 52 Application (TMC 18.80.010)
TMC 18.80.010 and Ordinance 1758, §1(part) are amended as follows:
Any interested person (including applicants, citizens, Tukwila Planning Commission, City staff
and officials, and staff of other agencies) may submit an application for an amendment to either
the comprehensive plan or the development regulations to the Department of Community
Development. Such applications are for legislative decisions and are not subject to the
requirements or procedures set forth in TMC ch. 18.110 to 18.120. The In addition to the
requirements of TMC 18.80.015, the application shall specify, in a format established by the
Department:
(1) A detailed statement of what is proposed and why;
(2) A statement of the anticipated impacts of the change, including the geographic area
affected and the issues presented by the proposed change;
(3) An explanation of why the current comprehensive plan or development
regulations are deficient or should not continue in effect;
35
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(4) A statement of how the proposed amendment complies with and promotes the
goals and specific requirements of the Growth Management Act;
(5) A statement of how the proposed amendment complies with applicable
Countywide Planning Policies;
(6) A statement of what changes, if any, would be required in functional plans (i.e.,
the City's water, sewer, storm water or shoreline plans) if the proposed amendment is adopted;
(7) A statement of what capital improvements, if any, would be needed to support
the proposed change, and how the proposed change will affect the capital facilities plans of the
City; and
(8) A statement of what other changes, if any, are required in other City codes, plans
or regulations to implement the proposed change.
Section 53 Documents to be Submitted with Application (TMC 18.80.015)
A new section 18.80.015 is added to TMC ch. 18.80 as follows:
A. Applications for amendments to the comprehensive plan or development z
regulations shall provide the following documents in such quantities as are specified by the i z
Department: rt LLim
1. An application form provided by the Department. v
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2. King County Assessor's map(s) which show the location of each property W I;
within 300 feet of the property which is the subject of the proposed amendment. co p
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3. Two (2) sets of mailing labels for all property owners and occupants ga
(businesses and residents) , including tenants in multiple occupancy structures, within 300 feet of N a
the subject property. I- _'
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4. A vicinity map showing the location of the site.
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5. A surrounding area map showing comprehensive plan designations, zoning D o
designations, shoreline designations, if applicable, and existing land uses within a 1000 foot radius o
from the site's property lines. w w'
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6. A site plan, including such details as may be required by the Department. u_ p.
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7. A landscaping plan, including such details as may be required by the
Department.
8. Building elevations of proposed structures, including such details as may
be required by the Department.
9. Such photomaterial transfer or photostat of the maps, site plan and
building elevation, , including such details as may be required by the Department.
10. Such other information as the applicant determines may be helpful in
evaluating the proposal, including color renderings, economic analyses, photos, or material
sample boards.
B. The Department shall have the authority to waive any of the requirements of this
section for proposed amendments which are not site specific or when, in the Department's
discretion, such information is not relevant or would not be useful to consideration of the
proposed amendment.
36
Section 54 Docket (TMC 18.80.020)
TMC 18.80.020 and Ordinance 1758, §1(part) are amended as follows:
The Department shall maintain a docket of all proposed changes to the comprehensive plan and
development regulations which are submitted. The Department shall provide a copy of the
docket to the City Council on a monthly basis. If either the Department or the Council
determines that a proposed change may be an emergency, the Department shall prepare the staff
report described below and forward the proposed change to the Council for immediate
consideration, subject to the procedural requirements for consideration of amendments. Non -
emergency changes shall be compiled and submitted to the Council for review on an annual basis
in March so that cumulative effects of the proposals can be determined. Proposed changes
received by the Department after January 1st of any year
shall be held over for the following year's review, unless the Council
or the Department determines the proposed change may be an emergency.
Section 55 Council Consideration (TMC 18.80.050)
TMC 18.80.050 and Ordinance 1758, §1(part) are amended as follows:
(a) The City Council shall consider each request for an amendment to either the
comprehensive plan or development regulations at a public meeting, at which the applicant will
be allowed to make a presentation. Any person submitting a written comment on the proposed
change shall also be allowed an opportunity to make a responsive oral presentation. Such
opportunities for oral presentation shall be subject to reasonable time limitations established by
the Council.
(b) Following Council consideration as provided by Subsection (1), the City Council shall
take action as follows:
(1) If the Council determines the proposed amendment will have significant impact on the
policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment; or
(B) defer further Council consideration to a re- occurring three -year Comprehensive
Plan amendment process.
(2) If the Council determines the proposed amendment will not have significant impact on
the policies or goals of the Comprehensive Plan, it shall:
(A) reject the proposed amendment;
(B) defer further Council consideration for one or more years to allow the City
further time to evaluate the application of the existing plan or regulations; or
(C) refer the proposed amendment to the Planning Commission for further review
and a recommendation to the City Council. Notice of the Planning Commission hearing on such
amendment shall be published in a newspaper of general circulation at least ten (10) days prior to
the Planning Commission's hearing.
Section 56 Submission to City Council (TMC 18.84.010)
TMC 18.84.010 and Ordinance 1758, §1(part) are amended as follows:
Any request for a change in zoning of any district or area, or of any boundary lines thereof as
shown on the zoning maps, shall be submitted to the Department. Said
requests shall be made on such formal application forms as specified by the Department Planning
and filed with the Department, which shall transmit a copy to the City Clerk. All
applications shall be accompanied by a filing fee as required in the Application Fees chapter of
this title. All applications for a change of zoning or of any boundary lines shall be a Type 5
decision and shall be processed pursuant to TMC 18.108.050.
executed by tho etitio.,er_
37
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Section 57 Submission to City Council - Action (TMC 18.84.020)
TMC 18.84.020 and Ordinance 1758, §1(part) are repealed:
Section 58 Criteria for Granting Zoning Map Reclassifications (TMC 18.84.030)
TMC 18.84.030 and Ordinance 1758, §1(part) are amended as follows:
The City Council shall be guided by the following criteria in granting
reclassification requests to the zoning map of this title:
(1) The use or change in zoning requested shall be in conformity with the adopted
Comprehensive Land Use Policy Plan, the provisions of this title, and the public interest;
(2) The use or change in zoning requested in the zoning map or this title for the establishment
of commercial, industrial, or residential use shall be supported by an architectural site plan
showing the proposed development and its relationship to surrounding areas as set forth in the
application form.
Section 59 Petition for Decision Review (TMC 18.84.040)
TMC 18.84.040 and Ordinance 1758, §1(part) are repealed:
efthe ee .
Section 60 Final Action (TMC 18.84.050)
TMC 18.84.050 and Ordinance 1758, §1(part) are repealed:
Section 61 Application Fees (TMC 18.88.010)
TMC 18.88.010 and Ordinance 1758, §1(part) are amended as follows:
The following fees shall be paid by any applicant for a land use permit at the same time that said
38
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application is filed with the City:
Type of Application
Fee
Comprehensive plan amendment
$700.00
Conditional use permit (CUP)
850.00
Design review (BAR)
900.00
Planned Residential Development
(PRD)
800.00 plus
100.00 /acre
8-00.00
- 100.00/aere
(P-M D-}
Reclassification (rezone)
700.00
Shoreline substantial development
permit
550.00
Street vacation
120.00
Unclassified use permit (UUP)
850.00
Variance
600.00
Lot line adjustments
200.00 (new)
Special review (parking/sign
deviation, etc.)
200.00 (new)
Zoning Code Amendment
700.00
Preliminary Plat
800.00 plus 75.00 per lot
Final Plat
400.00 plus 25.00 per lot
Application for renewals of any land use permit, provided such renewals are specifically
authorized, shall pay the same fee required for the land use permit being renewed.
Section 62 Appeals from Decisions or Interpretations of the Director (TMC 18.90.010)
TMC 18.90.010 and Ordinance 1758, §1(part) are amended as follows:
Any person aggrieved by any interpretation of this title by the Director may appeal the
Director's interpretation present to the Board of Adjustment. Any such appeal shall be a Type
2 decision and shall be processed pursuant to TMC 18.108.020.
Section 63 Appeals from Decisions of the Planning Commission (TMC 18.90.020)
TMC 18.90.020 and Ordinance 1758, §1(part) are repealed:
39
Section 64 Appeals from Decisions of the Board of Adjustment (TMC 18.90.030)
TMC 18.90.030 and Ordinance 1758, § 1(part) are repealed:
- r
Section 65 Publication (TMC 18.92.010)
TMC 18.92.010 and Ordinance 1758, §1(part) are repealed:
Section 66 Notice to Property Owners (TMC 18.92.020)
TMC 18.92.020 and Ordinance 1758, §1(part) are repealed:
owners.
Section 67 Special Permission Sign (TMC 19.08.215)
A new Section 19.08.215 is added to TMC chapter 19.08 as follows:
"Special Permission Sign" shall mean a sign requiring a Type 2 decision as set forth in TMC
19.22.010, 19.22.020, 19.32.020, 19.32.080, 19.32.100, 19.32.120, 19.32.130, 19.32.140,
19.32.150 or 19.32.180.
Section 68 Required (TMC 19.12.010)
TMC 19.12.010 and Ordinance 1274, §1(part) are amended as follows:
(a) No sign shall hereafter be erected, re- erected, constructed or altered, except as provided
by this code and a permit for the same has been issued by the City acting through its Planning
Director, provided that a sign posted for purposes of giving public notice pursuant to TMC
18.104.110 shall be exempt from the requirements of this Title.
(b) A separate permit is required for each group of signs on a single support structure or the
sign or signs for each business entity. In addition, electrical permits shall be obtained for
electrified signs.
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Section 69 Application Procedure (TMC 19.12.020)
TMC 19.12.020 and Ordinance 1274, §1(part) are amended as follows:
Application for a sign permit shall be made in writing upon forms furnished by the Planning
Department of Community Development. Sign permits other than special permission signs and
unique signs shall be a Type 1 decision, provided that the denial of approval for a Type 1 sign
permit shall be appealable to the Planning Commission pursuant to the provisions of TMC
18.108.020 for appeals of Type 2 decisions. Special permission signs shall be a Type 2 decision
and shall be processed pursuant to the terms of TMC 18.108.040 and .050. Unique signs shall
be a Type 3 decision and shall be processed pursuant to the terms of TMC 18.108.030. Such
application shall contain the location of the proposed sign structure by street and number or by
surveyor's exhibit or legal description, as well as the name and address of the sign contractor or
with th:.. code
Section 70 Applications - Rejection - Appeal (TMC 19.12.040)
TMC 19.12.040 and Ordinance 1274, §1(part) are repealed:
Section 71 Fees - Public Hearings (TMC 19.12.100)
TMC 19.12.100 and Ordinance 1274, §1(part) are repealed:
Section 72 Designated (TMC 19.28.010)
TMC 19.28.010 and Ordinance 1274, §1(part) are amended as follows:
The following signs or devices are specifically prohibited:
(1) Signs adjacent to State roads and not complying with Washington State
Department of Transportation regulations.
(2) Signs using the words "stop," "look" or "danger ", or any other word, symbol,
character or color which might confuse traffic or detract from any legal traffic control device.
(3) Animated signs, unless specifically approved as a Type 2 decision the
according to the following criteria:
(A) Such signing is deemed necessary to the type of marketing customary to a
particular classification of business enterprise.
(B) Such signing consists of a permanent fixture, and symbols or letters of
plastic, metal or electronically controlled material.
41
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(C) Message content of such signing is limited to time, date, temperature, or
business hours.
(4) Rooftop signs supported by exposed trusswork and wall- mounted signs extending
above the parapet line.
(5) Unique signs unless specifically approved as a Type 4 decision by —thug
Commission; permits may be approved if in the judgment of the Planning Commission, or on
appeal, the City Council, the effect of the proposed sign would not contribute to a cluttered,
confusing or unsafe condition.
(6) Permanent off - premises signs, except shared directional signs as provided in
Section 19.32.020, billboards as provided in Section 19.32.040, and planned shopping centers
(mall) signs as provided in Section 19.32.150.
(7) Strings of pennants, banners or streamers, festoons of lights, clusters of flags,
wind - animated objects, balloons and similar devices of a carnival nature except as specifically
provided in Chapters 19.12 and 19.24 of this code. Not prohibited are national, State, and
institutional flags properly displayed or temporary signs and decorations customary for special
holidays, such as Independence Day, Christmas, Tukwila Days, and similar events of a public
nature.
(8) Portable signs or any sign which is not permanently mounted, including sandwich
or "A" boards, except as provided in Sections 19.24.050 and 19.32.160 of this code.
(9) There shall be no signs or sign supports which shall obscure vision between the
height of three feet and ten feet of the street or driveway grade allowed within 40 feet of the
intersections of streets and/or driveways.
(10) Signs mounted or painted on stationary motor vehicles, trailers and related devices
in order to circumvent the intent of this code.
(11) Off - premises signs located within the "shoreline zone" as described in Chapter
18.44; on- premises, permanent signs located within the shoreline zone and specifically oriented
to be visible from the "river environment," Section 18.44.114 of this code.
Section 73 Shared directional signs (TMC 19.32.020)
TMC 19.32.020 and Ordinance 1274, §1(part) are amended as follows:
In commercial and industrial areas where a demonstrated need for directional signing exists, own-
ers or tenants of these premises may apply : - ' • : • - - - : - for review and
approval of the design of a shared directional sign. Such application shall processed as a Type 2
decision. Such sign shall not exceed ten feet in height, ten feet in width, and have a maximum of
two signing surfaces which do not exceed a total of 50 square feet. Such sign shall be located on
the premises of at least one of the entities identified thereon and shall be used only by geograph-
ically associated businesses. The sign structure shall be located in a masonry base of decorative
appearance. The shared directional sign shall contain no promotional copy but shall be limited to
the names and addresses of the companies or activities being identified.
Section 74 Home occupation — Church, approved conditional use and public facility signs
(TMC 19.32.080)
TMC 19.32.080 and Ordinance 1274, §1(part) are amended as follows:
(a) Home occupations may be identified by a single, non - illuminated wall plaque of not more
than 1 -1/2 square feet.
(b) Churches and approved conditional uses may have one sign for each street upon which
the property fronts; signs shall be located in the setback area or upon the face of the building.
Total area of sign or signs shall not exceed 32 square feet; maximum height above ground, when in
setback area, shall not exceed five feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or backlighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision.
42
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(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of sign or signs
shall not exceed 60 square feet per face; maximum height, above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back - lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision.
Section 75 Where signs will face other multiple- family, commercial or industrial zones
(TMC 19.32.100)
TMC 19.32.100, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as follows:
(a) Home occupations may be identified by a single wall plaque not more than two square
feet; plaque may be illuminated from front.
(b) Churches and approved conditional uses may have one sign for each street upon which the
property fronts; signs shall be located in the setback area or upon the face of the building. Total
area of sign or signs shall not exceed 64 square feet; maximum height above ground, when in
setback area, shall not exceed ten feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or backlighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision.: • •- : • .
(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of 'sign or signs
shall not exceed 60 square feet per face; maximum height above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back - lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision.
Section 76 Where signs will face or abut single family zones (TMC 19.32.120)
TMC 19.32.120, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as follows:
(a) Home occupations may be identified by a single, non - illuminated wall plaque of not more
than 1 -1/2 square feet.
(b) Churches and approved conditional uses may have one sign for each street upon which
the property fronts; signs shall be located in the setback area or upon the face of the building.
Total area of sign or signs shall not exceed 32 square feet; maximum height above ground, when in
setback area, shall not exceed five feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or back - lighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision.
(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of sign or signs
shall not exceed 60 square feet per face; maximum height above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back - lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision.
(d) All freestanding signs must be approved as a Type 2 decision. by —the Plg
Gemmission.. Permits may be approved if, - ' - :.. • • . - -, the
effect of the proposed sign would not contribute to a cluttered or confusing condition nor would
generally degrade the physical appearance or character of the street or neighborhood.
(e) Non - rolling equipment and merchandise must be displayed from within buildings or
within glass fronted cases, except in connection with temporary commercial, industrial or public
service displays.
43
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Section 77 Where signs will face or abut multiple- family zones or public facilities (TMC
19.32.130)
TMC 19.32.130, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as follows:
(a) Home occupations may be identified by a single wall plaque not more than two square
feet; plaque may be illuminated from front.
(b) Churches and approved conditional uses may have one sign for each street upon which
the property fronts; signs shall be located in the setback area or upon the face of the building.
Total area of sign or signs shall not exceed 64 square feet; maximum height above ground, when in
setback area shall not exceed ten feet, and base of sign shall be located in a landscaped area.
Bulletin boards and readerboards are considered signs. Illuminated signs shall use indirect,
concealed sources, or backlighted letters on an opaque background. All signs in this subsection
must be approved as a Type 2 decision.
(c) Public facilities may have one sign for each street upon which the property fronts; signs
shall be located in the setback area or upon the face of the building. Total area of sign or signs
shall not exceed 60 square feet per face; maximum height above ground, when in setback area,
shall not exceed 16 feet; minimum setback shall be eight feet; and base of sign shall be located in a
landscaped area. Bulletin boards and readerboards are considered signs. Illuminated signs shall
use indirect, concealed sources, or back - lighted letters on an opaque background. All signs in this
subsection must be approved as a Type 2 decision.
(d) All freestanding signs must be approved as a Type 2 decision. by Planning
Permits may be approved if, • ' - _ • - - - ' .....: . -, the
effect of the proposed sign would not contribute to a cluttered or confusing condition nor would
generally degrade the physical appearance or character of the street or neighborhood.
(e) Non - rolling equipment and merchandise must be displayed from within the buildings or
within glass- fronted cases except in connection with temporary commercial, industrial or public
service displays.
Section 78 Commercial zones where signs will face or abut other commercial or
industrial zones, except as provided in Section 19.32.150 through Section 19.32.190
inclusive (TMC 19.32.140)
TMC 19.32.140 and Ordinance 1274, §1(part) are amended as follows:
(a) Signs mounted on exposed building faces: Each business shall be permitted one exposed
building face - mounted sign. One additional exposed building face - mounted sign can be permitted
for each business that is not identified on any freestanding sign, provided:
(1) That the business has more than one exterior public entrance in the same building,
exclusive of warehouse area doors, or
(2) That there is no more than one sign per business on any exposed building face.
The area of all signs on an exposed building face for each business shall be as provided in Table 1.
Table 1
Area (L X 11) — Sq. Ft.
Exposed Building Face
Total Permitted Area of
the Sign — Square Feet
0 -500
0.05 x exposed building face
in sq. ft. (E.B.F.)
501 -1500
25 + 0.04 x (E.B.F. - 500)
1501 -3000
65 + 0.03 x (E.B.F. - 1500)
3001 -5000
110 + 0.02 x (E.B.F. - 3000)
Over 5000
150 square feet (maximum)
Upon application to and approval as a Type 2 decision. . • -- : • , the
permitted sign areas provided in Table 1 may be increased no more than 50% for each doubling of
44
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the required minimum setback distance for the wall upon which a particular sign is to be placed,
but in no case shall sign area exceed that permitted in Section 19.32.150.
(b) Office buildings with multiple tenancies shall only be identified by the official name of the
building, and internal directories shall be used to identify the individual tenants. Exception:
Multi- tenant office buildings which will face or abut other commercial or industrial zones and
which have no common public entry shall be permitted signs as follows:
(1) Each ground floor occupant shall be permitted an identification sign which designates
the name of the occupant and/or the type of occupation. Such sign shall be attached to the
ground floor exposed building face as defined in Section 19.08.060.
(2) All other tenants which have an exclusive entry on the ground floor shall be allowed
exterior signing to be placed on the ground floor exposed building face in which that entry is
located.
(3) The size of any building sign shall not exceed 30 square feet and shall not be longer
than 70% of the exposed building face that the business occupies in the building and upon which
the sign is to be placed.
(4) Each tenant may also display a room number /letter or street number which is visible
from the public street or principal access roadway. Such a sign shall not be counted in the sign
area permitted for the business.
(5) Each group of professional offices may have a directory listing the names of the
tenants on the site and a location map. The directory shall be oriented to the pedestrian on the
site rather than the passing motorist.
(c) Freestanding signs: One freestanding sign shall be permitted for each site. One additional
freestanding sign may be permitted for sites which meet the following conditions:
(1) The site has at least 400 linear feet of frontage on a public street;
(2) The site has at least two detached commercially occupied buildings, neither of which
is accessory to the other; and
(3) The site is occupied by at least two tenants. Permitted sign area for each freestanding
sign shall be as follows:
Street Frontage
Sign Area /Sign
Up to 200 ft.
50 sq. ft. with total of
100 sq. ft. for all sides
200 to 400 ft.
75 sq. ft. with total of
150 sq. ft. for all sides
Over 400 ft.
100 sq. ft. with total of
200 sq. ft. for all sides
Any permitted freestanding sign shall be limited in height to 35 feet, provided that no
freestanding sign shall be higher than the building which it identifies or except as provided in
Sections 19.32.150, 19.32.170 and 19.32.180.
Exception: For commercial sites which exceed ten gross acres, permitted height of a
freestanding sign may be increased two feet for each additional increment of five acres in land
area, provided that no freestanding sign shall be higher than the highest point of any building on
the site which it identifies.
(d) The freestanding sign shall contain no promotional copy but shall be limited to the name
of the company or activity being identified and trademark or logo, except where an approved
readerboard is used.
(e) Non - rolling equipment must be displayed from within buildings or glass fronted cases,
except in connection with temporary commercial, industrial or public service displays.
Section 79 Building identification signs — Displays (TMC 19.32.150)
TMC 19.32.150 and Ordinance 1274, § 1(part) are amended as follows:
(a) Businesses in a planned shopping center (mall) shall be allowed signing equal to 6% of the
exposed building face area on which the sign is to be placed, up to a maximum of 500 square feet
with a maximum of four such signs allowed per business and not more than one sign for any
45
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particular business allowed on any one exposed building face. Businesses located on the
perimeter of a planned shopping center (mall) in detached, separate buildings shall be allowed
freestanding signs per Section 19.32.140(c)
(b) Identification signs for the center as a whole shall have an aggregate area of not more than
300 square feet per street which abuts the development, and no one sign shall contain more than
50% of the allowable sign area, unless approved as a Type 2 decision. by the Planning
Eeissien. The height of a freestanding sign shall not exceed the highest portion of any
building in the planned shopping center (mall) which is identified thereby. Non - rolling
equipment and merchandise must be displayed from within buildings or glass- fronted cases,
except in connection with a temporary commercial, industrial or public service display.
Section 80 Permitted signs — Height and area allowance (TMC 19.32.180)
TMC 19.32.180 and Ordinance 1274, §1(part) are amended as follows:
Signs mounted on an exposed building face shall be allowed per Section 19.32.140(a). Height and
area restrictions for freestanding signs as prescribed in Section 19.32.140(c) may be increased
25% for freeway interchange businesses as defined in Section 19.08.080 upon approval as a
Type 2 decision
Section 81 Definitions - Additional (TMC 21.04.040)
TMC 21.04.040 and Ordinance 1331, §3, as amended by Ordinance 1344, §1 and Ordinance
1599, §7(1) are amended as follows:
In addition to those definitions contained within WAC 197 -11 -700 through 799, when used in
this chapter the following terms shall have the following meanings, unless the content indicates
otherwise:
(1) "Department" means any division, subdivision or organizational unit of the City
established by ordinance, rule or order.
(2) "Early notice" means the City's response to an applicant stating whether it considers
issuance of the Determination of Significance likely for the applicant's proposal.
(3)
"Environmentally sensitive area ": see Section 21.04.300.
(4) "Notice of action" means the notice (as specified in RCW 43.21C.080) of the time for
commencing an appeal of a SEPA determination that the City or the applicant may give following
final City action upon an application for a permit or approval when the permit or approval does
not have a time period set by statute or ordinance for commencing an appeal.
(5) "Official notice" means the notice that the City shall give of the date and place for
(6 "SEPA Rules" means WAC Chapter 197 -11 adopted by the Department of Ecology.
Section 82 Categorical Exemptions and Threshold Determinations - Time Estimates
(TMC 21.04.090)
TMC 21.04.090 and Ordinance 1331, §7 are repealed:
The time estimates contained in this section apply when the City processes licenses for all
eenstrued-te-be-inandateFy
46
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(1) Categorical exemptions
The City should normally identify whether an action is
(2) Threshold determinations
(iii) The responsible efficial should normally complete the threshold
(C) When the City must initiate further studies, including field investigations, to
(E) The responsible official should normally respond to a request for early notice
(F) The time limits set forth in this subsection shall not apply to withdrawals of
(G) There shall be no time limits on governmental actions originated by the City for
Section 83 EIS - Time for Preparation (TMC 21.04.185)
A new Section 21.04.185 is added to TMC ch. 21.04 as follows:
Unless a different time limit is agreed to by the Department and the applicant, the time limit for
completion of environmental impact statements for purposes of TMC 18.104.130 shall be 365
calendar days from the date of issuance of a Declaration of Significance. The following periods
shall be excluded from this 365 -day period:
1. Any period of time during which the applicant has been requested by any City
department, agency or hearing body with jurisdiction over some aspect of the EIS to correct
plans, perform required studies, or provide additional information. The period shall be calculated
from the date the applicant is notified of the need for additional information until the earlier of (a)
the date the department, agency or hearing body determines whether the additional information
satisfies the request, or (b) fourteen days after the date the information has been provided to the
department, agency or hearing body. If the department, agency or hearing body determines that
47
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the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the
procedures of this section shall apply as if a new request for information had been made.
2. Any additional time period for preparation of the EIS agreed upon by the
Department and the applicant.
Section 84 Public Notice - Procedure (TMC 21.04.210)
TMC 21.04.210 and Ordinance 1331, §19 as amended by Ordinance 1344, §10 are amended as
follows:
(a) Whenever public notice is required, the City shall follow the procedures set forth in this
section.
(b) Public notice will be given in the following situations:
(1) When the City issues the following Determinations of Non-Significance (DNS):
(A) DNS involving another agency with jurisdiction,
(B) DNS involving the demolition of any structure or facility not exempted by
WAC 197 -11- 800(2) (f) or 197 -11 -880,
(C) DNS involving the issuance of a clearing or grading permit not exempted
by WAC 197 -11 -800 through 197 - 11890,
350(2),
360(4);
(D) DNS issued following a request for early notice pursuant to WAC 197 -11-
(E) Mitigated DNS issued pursuant to WAC 197 - 11350(3),
(F) DNS issued following the withdrawal of a DS pursuant to WAC 197 -11-
(2) When the City issues a Determination of Significance to commence scoping;
(3)
When a draft EIS (DEIS) is available for public comment;
(4) Whenever the City holds a public hearing pursuant to WAC 197 -11 -535, provided
that if the project requires a Type 3, 4 or 5 decision, such hearing shall be consolidated with the
public hearing on the merits of the project.
(5) Whenever the responsible official determines that public notice is required.
(c) The City shall give public notice by using the public notice procedures set forth in TMC
18.100.120 and .130.
(1) Posting the property, for site specific proposals;
(d)
Notice of public hearings on non - project proposals shall be published in a newspaper of general
circulation in the City.
48
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(e) The City may require an applicant to compensate the City for the costs of compliance
with the public notice requirements for the applicant's proposal and/or provide services and
materials to assist.
Section 85 Appeals (TMC 21.04.280)
TMC 21.04.280 and Ordinance 1331, §25 as amended by Ordinance 1344, §11 are amended as
follows:
(a) In the event that the Department issues a Mitigated Determination of Non - Significance
(MDNS), any party of record may file an appeal challenging either the conditions which were
imposed or the failure of the Department to impose additional conditions.
section:. No other administrative SEPA appeal shall be allowed.
(b) All appeals filed pursuant to this section must be filed in writing with the Department
City Clerk within fourteen ten calendar days of the date of issuance of the MDNS.
(c) All appeals pursuant to this section shall be consolidated with the public hearing on the
merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2 decision is
filed pursuant to this section, such appeal shall be consolidated with an appeal on the merits of
the application. No appeals pursuant to this section shall be permitted for proposals which
involve only Type 1 decisions.
(d)
The substantive and procedural determination by the City's responsible
official shall carry substantial weight in any appeal proceeding.
Section 86 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
Section 87 Effective date
This ordinance shall apply to all land use permit applications filed on and after April 1, 1996,
except applications for road vacations, landmark designations, and approvals related to the use of
public areas or facilities.
PASSED BY THE CITY COUIjjCIL OF THE ITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this / .57 —day of , 1996.
49
Joh S . Rants, Mayor
ATTEST /AUTHENTICATED
Fo ✓ Jane E. Cantu,
ty Clerk
Office of the City
FILED WITH THE CITY ERIC: - / 9 - 9�
PASSED BY THE CITY COUNCIL: 7- /_ qt.
PUBLISHED: '?- 5 - 96.
EFFECTIVE DATE: April 1, 1996
ORDINANCE NO.: / 770
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 170
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, MODIFYING EXISTING CITY ORDINANCES
TO CONFORM TO THE PROCEDURES ADOPTED IN
SEPARATE ORDINANCES TO IMPLEMENT THE PERMIT
PROCESSING REQUIREMENTS OF RCW CH. 36.70B AND THE
CONCURRENCY AND CONSISTENCY REQUIREMENTS OF
RCW 36.70A, AMENDING CHAPTER 2.04, 2.76, 14.04, 14.12,
16.52, 16.54, 17.04, 17.08, 17.12, 17.16, 17.32, 18.08, 18.44, 18.45,
18.46, 18.54, 18.56, 18.60, 18.64, 18.66, 18.70, 18.72, 18.80, 18.84,
18.88, 18.90, 18.92, 19.08, 19.12, 19.28, 19.32, AND 21.04 OFF THE
TUKWILA MUNICIPAL CODE, AND ADDING A NEW
SECTION TO CHAPTER 21.04.
/9 f , , the City Council of the City of Tukwila passed Ordinance
No. citing existing land use procedures to conform to RCW 36.70B.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 7/i/ f 6
Published Seattle Times:
F°' Jane E. Cantu,; ity Clerk
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08:08 FAX 206 433. 1833
CITY OF TUKWILA : ,
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To:
City of Tukwila
John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
MEMORANDUM
Jane Cantu, City Clerk
From: Jack Pace, Senior Planner
Planning Division
Date: September 13, 1996
RE:
Corrections to Ord. No.'s 1768 and 1770.
A Sign Code variance was inadvertently left out of Ord. No. 1768
(which established a new permit processing system per State
Statute referred to as HB 1724) and the companion Ord. No. 1770
(amending then existing Tukwila ordinances to reflect the Ord.
No. 1768 changes).
Incorporation of Sign Code variances within these ordinances were
discussed before the City Council. The attached corrections
would reflect those discussions and have been determined to be
minor by the City Attorney. The City Attorney has determined
that they may be administratively incorporated as shown in the
attached materials.
cc:City Attorney
file:1724 \crctord
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax (206) 4313665
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(15) Signs of community, service and fraternal
organizations, including notatior. place and date of
regular, activity meetings.
(Ord. 1274 §1(part), 1982)
19 2.060 Criteria for granting variances.
(a) The Board of Adjustment may grant a variance
to the requirements of this code only if the applicant
demonstrates compliance with the following criteria:
(1) That the variance as approved shall not
constitute a grant of special privilege which is
inconsistent. with the intent of this sign code, nor
which contravenes the limitation uses of property
specified by the zoning classification in which this
property is located.
(2) That the variance is necessary because of
special circumstances relating to the size, shape, topog-
raphy, location or surroundings of the subject property
to provide it with use rights and privileges permitted to
other properties in the vicinity and in the zone in
which the subject property is located.
(3) That the granting of the variance will not be
materially detrimental to the public welfare or injurious
to property or improvements in the vicinity and in the
zone in which the subject property is located.
(4) That the special conditions and circum-
stances prompting the variance request do not result
from the actions of the applicant. .
(5) That the variance as granted represents the
least amount of deviation from prescribed regulations
necessary to accomplish the purpose for which the
variance is sought. and which is consistent with the
stated intent of this code.
(6) That granting of the variance shall result in
greater convenience to the public in identifying' the
business location for which a sign code variance is
sought.
(7) That the granting of the variance will not
constitute a public. nuisance or adversely affect the
public safety.
(b)
*-fe pro-
posed variance shall not interfere with the location and
identification of adjacent business buildings or activities.
(Ord. 1274 §1(part), 1982).
19.12.070 Fees — Permanent signs.
At the time of application for a permit to erect or
install a sign or device controlled by this code, the
Planning Department shall collect a minimum fee of
$50.00 or 50 cents per square foot of total sign face area,
whichever is greater. This fee does not include the
costs of engineering checks nor of electrical or other
inspections required by other appropriate agencies.
(Ord. 1649 §1, 1992; Ord. 1274 §1(part), 1982)
19.12.080 Fees — Temporary signs.
For the installation of temporary signs, banners,
streamers, and other special permit signs as provided in
Chapter 19.24 pf�this code, the permit fee shall be
$25.00.
(Ord. 1274 §1(part), 1982)
19.12.090 Fees — Work started prior to permit
issuance.
Where work. for which a permit is required by this
code is started prior to obtaining a permit, the fees speci-
fied
in Sections 19.12.070 and 19.12.080 ' shall be
doubled, but the payment of such double fee shall not • '
relieve any person from fully complying with the
requirements of this code in the execution of the work
nor from any other penalties prescribed herein.
(Ord. 1274 §1(part);. 1982)
19.12.100 Fees — Public hearings.
Where a public hearing is requested for considers=
tion of special conditions which might affect detailed
application of code requirements, the filing and adver-
tising fee shall be as specified in Sections 18.72.030'
through 18.72.060 of this code.
(Ord. 1274 §1(part), 1982)':
19.12.110 Maintenance and removal of signs.
(a) All signs together with their supports, : braces,
guys and anchors .shall be kept in. repair and in proper
state of preservation. The surfaces of all signs shall be: •
kept neatly painted or posted at all times. The ground
area shall be neat and orderly. •
(b) The Planning Director may order the. removal::
''or maintenance of'any sign that is not maintained in a
safe and orderly condition. The order for removal or
maintenance of any sign shall be sent by 'the Planning.
• Director to the'person to whom the sign permit was
granted, or the property owner if no authorized permit
was granted, by certified mail, return receipt requested.
If the action requested in the order is not taken within
30 days from . the date of the notice, the Planning
Director 'may direct the signs to be removed from the
premises. The permittee.or owner shall be charged an
amount equal to the City cost for removal, : but in. . no
event shall the fee be less than $50.00.
(Ord. 1274 §1(part), 1982)
19.12.120 Special permit signs and displays.
Strings or pennants, banners and streamers,
festoons of lights, clusters of flags, balloons and similar
d'e'vices• of a carnival nature may be displayed on
private property only, by special permit. Such permit,
shall be issued for a period not to exceed ten days and
shall be issued not more than four times per year.
(Ord. 1274 §1(part), 1982)
•
19.12.130 Revocation.
The Planning Director is authorized and empow-
ered to revoke any permit upon failure of the holder
thereof to comply with any provision of this code.
(Ord. 1274 §1(part), 1982)
Page 19 -6
Printed October 19, 1995
Section 18.06.594 Open Record Hearing
A new section TMC 18.06.594 is added to TMC ch. 18.06 as follows:
"Open Record Hearing" means a quasi-judicial hearing conducted by a hearing body which
. creates the official record regarding a permit application. Oral testimony and submission of •
'relevant evidence and documents shall be permitted at such a hearing.
Section 18.06.657 Public Meeting
A new section TMC 18.06.657 is added to TMC ch. 18.06 as follows:
"Public Meeting" means an informal meeting or workshop to provide public information
regarding .a project permit application and to obtain comments about the application from the
public. The information gathered at such a meeting does not constitute part of the official record
regarding a project permit application.
CHAPTER 2 - PERMIT APPLICATION TYPES AND PROCEDURES
. A new chapter 18.104 is added to TMC Title 18 as follows: • z'.
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Section 18.104.010 Classification of Project Permit Applications
• A. Project permit decisions are classified into five types, based on the amount 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.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions are administrative decisions nqt subject to
' administrative appeal. The only appeal for Type 1 decisions is to Superior Court. Public notice
is not required for Type 1 decisions.
Type 1 Decisions:
TYPE OF PERMIT:
DECISION MAKER:
Building Permit
Building Official
Utility Permit •
Public Works Director
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission or denials of
sign permits which are appealable
Community Development Director
.
Land Alteration
Public Works Director
Boundary Line Adjustment, including
Lot .Consolidation
Community Development Director .
'Minor Modification to PRD (TMC
18.46.130)
Community Development Director
Minor modification to BAR approved
design (TMC 18.60.030)
Community Development Director
.
w
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
As specified by Ordinance
.
,
4
C. 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 Board of Adjustment, Planning Commission, City Council, or, in • the case of
shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW ch. 90.58.
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Planned
Residential Development (TMC
17.08.040)
Short Plat Committee
Board of Adjustment
•
Short Plat (TMC 17.08.060)
Short Plat Committee
Board of Adjustment
Board of Adjustment
Binding Site Improvement Plan
(TMC 17.16.090)
Short Plat Committee
Shoreline Substantial
Development Permit (TMC ch.
18 :44) ..
Community Development
Director
State Shoreline
Hearings Board
Decision regarding Sensitive
Areas (except Reasonable Use
Exception) (TMC 18.45.125)
Community Development
Director
Planning
Commission
Special Permission Parking, and
Modifications to Certain Parking
Standards (TMC 18.56.060 and
.070)
Community Development
Director
City Council
Parking standard for use not
specified (TMC 18.56.100) .
Community Development .
Director
City Council
.
Code Interpretation (TMC .
18.90.010)
Community Development
Director
Board of Adjustment
Special Permission Sign, except
"unique sign" (various sections of
TMC Title. 19)
Community Development
Director
Planning
Commission
Sign Permit Denial (TMC
19.12.040)
Community Development
Director
Planning
Commission
Sign Area Increase (TMC
19.32.140)
Community Development
Director
Planning
Commission
D. Type 3 decisions are quasi-judicial decisions made by the Board of Adjustment
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances which may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline, sidewalk, land
alteration
Board of Adjustment
Resolve uncertain zone district boundary
Board of Adjustment
E. 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 City Council, which will hold a closed record appeal hearing based on the record
established by the Board of Architectural Review or Planning Commission, except Shoreline
Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant ■ to
RCW ch. 90.58.
5
1
OIDEN
AUI.�L.A E
July 1, 1996
P.L.L.C. ATTORNEYS AT LAW
2100 Westlake Center Tower • 1601 Fifth Avenue • Seattle, WA 98101 -1686 • (206) 447 -7000 • Fax (206) 447 -0215
Mr. Jack Pace
Senior Planner
CITY OF TUKWILA
6300 Southcenter Blvd.
Tukwila, WA 98188
Re: Chapter 256, Laws of 1996 - Notice of Decision
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Enclosed is a copy of the above - referenced law, which we discussed this afternoon. As you'll 0 m;
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note when you review it, the notice of decision on all permits subject to the regulatory reform o
law must contain a provision indicating that affected property owners may request a change in = v
valuation for property tax purposes notwithstanding any program of revaluation. The notice
must be sent to the county assessor's office in addition to any other party required to get notice — z
under regulatory reform.
F= _
As I understand it, you would like to bring this new law back by means of an amendment to the z
regulatory reform ordinance which the Council will consider this evening. Let me know if and
when you'd like me to prepare that amendment.
Very truly yours,
OGD )3N MURPHY WALLACE, P.L.L.C.
James E.
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JUL. 0 3 1996
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'Wenatchee Office • One South Chelan Street • P.O. Box 1606 • Wenatchee, WA 98807 • (509) 662 -1954 • Fax (509) 663 -1553
REGTJJ.:P.RR SESSIONS'
low Washington students,
iational••institution under,
all select • students yearly
rom moneys earned from
created in section 406 of w
an any private donations;
rnge trust fund is estab:
ed by the legislature for
of the board, and when
surer shall deposit . state
fund into the Washington
nriation is required for
ange scholarship endow-
: oneys received from the
v be deposited into the
elease earnings from the
•equired for expenditures
gall not be invaded. The
)ter.
treasurer deposit state
arship endowment fund
private cash donations,
range scholarship recipi-
'lard.
are each reenacted and
d and reinvested by the
r and to the same extent
ind shall be set aside in
stment income account.
at of purchased banking
liinited to, depository,
affected state agencies.
;er 43.88 RCW, but no
Lents shall, occur prior to
edited to the investment
(c) of this subsection;
3nate share of earnings
Jeriod: The. agricultural
iashington - international
;r. fund; the game farm
raliilitation account; and
istributed shall first :be
:rant :to. RCW 43:08.190.
;, of their •proportionate
balance for the 'Period:
forfeitures'accouilt; ,the
count.
'gout
1996 LAW`
Ch. 254, § 1
(5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or
funds shall be allocated earnings without the specific affirmative directive of this section.
Section 410 was vetoed by the Governor
NE SE- ec.10 —M 1 =li higlreL ducatimr c luiat -tro 'ii
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PART V— TECHNICAL PROVISIONS
NEW SECTION. Sec. 501. Sections 101 through 105 and 301 of this net are each added
to chapter 43.07 RCW.
NEW SECTION. Sec. 502. Sections 201 through 205 and 301 of this act shall expire
December 31, 2000.
NEW SECTION. Sec. 503. (1) Sections 201 through 205 of this act shall constitute a new
chapter in Title 43 RCW.
(2) Sections 401 through 408 and 410 of this act shall constitute a new chapter in Title 28B
RCW. •
NEW SECTION. Sec. 504. If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
NEW SECTION. Sec. 505. Part headings as used in this act constitute no part of the
law.
Approved March 29, 1996.
Effective June 6, 1996, 90 days after date of adjournment.
Sections 101, 102, 103, 104, and 410 were vetoed by the Governor
COUNTY ASSESSORS— NOTICE --REAL PROPERTY ACTIONS
CHAPTER. 254
• H.B.. No 2567
AN ACT Relating to notifying the assessor's office when actions are taken relating to real property;
amending RCW; 36.70B.130 and 84.41.030; :adding anew sectiozilo• chapter 35.22 RCW; adding a
new section to chapter'35.63 RCW; adding a new to cliapter 35A.63 RCW; adding a new
section to chapter 36.70•RCW; adding a new section to chapter 36.70B.RCW; and adding.i new
section to chapter 90.60 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 36.70B.130 and 1995 c 347 s 417 are each•amended to read as follows:
Additions are indicated by underline;: deletions by strikeout
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Ch. 254, § 1 REt.oLAR SESSION.
• A local government planning under RCW 36.70A.040 shall provide a notice of decision that
also includes a statement of any threshold determination made under chapter 43.21C RCW
and the procedures for administrative appeal, if any. The notice of decision may be a copy of
the report or decision on the project permit application. The notice shall be provided to the
applicant and to any person.who, prior to the rendering of the decision, requested notice of
the decision or submitted .substantive comments on the application. The local government
• shall provide for notice of its decision as provided in RCW 36.70B.110(4), which shall also
state that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation. The local government shall provide
• notice of decision to the county assessor's office of the county or counties in which the
property is situated.
NEW SECTION. Sec. 2. A new section is added to chapter 35.22 RCW to read as
follows:
By July 31, 1997, a first class city planning under RCW 36.70A.040 shall provide to the
county assessor a copy of the first class city's comprehensive plan and development regula-
tions in effect on July 1st of that year and shall thereafter provide any amendments to the
plan and regulations that were adopted before July 31st of each following year.
NEW SECTION. Sec. 3. A new section is added to chapter 35.63 RCW to react as
follows:
By July 31, 1997, a city planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the city's comprehensive plan and development regulations in effect on July
1st of that year and shall thereafter provide any amendments to the plan and regulations that
were adopted before July 31st of each following year.
NEW SECTION. Sec. 4. A new section is added to chapter 35A.63 RCW to read as
follows:
By July 31, 1997, a code city planning under RCW 36.70A.040 shall provide to the county
assessor a copy of the code city's comprehensive plan and development regulations in effect 7.
on July 1st of that year and shall thereafter provide any amendments to the plan and
regulations that were adopted before July 3lst of each following year.
NEW SECTION. Sec. 5. A new section is added to chapter 36.70 RCW to read as
follows:
r3:
By July 31, 1997, a county planning under RCW 36.70A.040 shall provide to the county 1
assessor a copy of the county's comprehensive plan and development regulations in effect on
July lst of that year and shall thereafter provide any amendments to the plan and regulations
that were adopted before July 31st of each following year.
NEW SECTION. Sec. 6. A new section is added to chapter 36.70B RCW to read as
follows:
By July 31, 1997, a local government planning under RCW 36.70A.040 shall provide to the
county assessor a copy of the local government's comprehensive plan and development
regulations in effect on July 1st of that year and shall thereafter provide any amendments to
the plan and regulations that were adopted before July 31st of each following year.
Sec. 7: RCW 84.41.030 and 1982 lst ex. s. c 46• s fare each amended to' read. as follows:
Each county assessor shall maintain an active and systematic program of revaluation on a
'continuous basis, and shall establish a revaluation schedule which will result in revaluation of
all taxable real property within the county at least once each .four years and physical
•inspection of all taxable real property within the county at Least once each six years. Each
county assessor may disregard any program of revaluation, if requested by a property owner,
and change, as appropriate, the valuation of 'real property. upon the' receipt' 'of a notice of
decision received under RCW 36.70B.130, section 8 of .this'act, or 'chapter 35.22, 35.63, 35A.63,
or 36.70. RCW .pertaining to the value of the real property.
NEW SECTION. Sec. 8. A new section is added to chapter :90.60:RCW to read as
follows:
(1) A state permit agency shall forward' to the .appropriate county assessor, a notice of the
agency's final decision with respect to a permit sought from the agency in connection with a
project permit application as.defined in RCW 36.70B.020.•: .
'864 - Additions are indicated by underline;' :deletions by. strikeout
1996 UAW
(2) For t
(a) "Per:
tion requir
RCW 36.7(
(b) "Sta..
resources,
Approved
Effective
AN ACT I
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0 RCW to read as
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ulations in effect on
plan and regulations
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any amendments to
ach following year.
I to' read. as follows:
It of revaluation on a
;ult in revaluation of
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ry a property owner,
.iceipt':of "a `notice of
3522 35.63, 35A.63,
10 RCW to read as
essori a notice of the
in connection with a
1996 LAWS
Ch. 255, § 1
(2) For the purposes of this section:
(a) "Permit" means a license, certificate, registration, permit, or other form of autheriza=
tion required by a permit agency in connection with a project permit application as defined in
RCW 36.70B.020; and
(b) "State permit agency" means the department of ecology, the department of natural
resources, the department of fish and wildlife, or the department of health.
Approved March 29, 1996.
Effective June 6, 1996, 90 days after date of adjournment.
CONTROLLED SUBSTANCES—PRESCRIPTIONS-
SINGLE NAME IDENTIFIERS
CHAPTER 255
H.B. No. 2623
AN ACT Relating to requiring the use of single name identifiers for persons obtaining controlled
substances; and amending RCW 69.50.403.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 69.50.403 and 1993 c 187 s 21 are each amended to read as follows:
(a) It is unlawful for any person knowingly or intentionally:
(1) To distribute as a registrant a controlled substance classified in Schedules I or II,
except pursuant to an order form as required by RCW 69.50.307;
(2) To use in the course of the manufacture, distribution; or dispensing of a controlled
substance, or to use for the purpose of acquiring or obtaining a controlled substance, a
registration number which is fictitious, revoked, suspended, or issued to another person;
(3) To obtain or attempt to obtain a controlled substance, or procure or attempt to procure
the administration of a controlled substance, (i) by fraud, deceit, misrepresentation, or
subterfuge; or (ii) by forgery or alteration of a prescription or any written order; or (iii) by
the concealment of material fact; or (iv) by the use of a false name or the giving of a false
address.
(4) To falsely assume the title of, or represent herself or himself to be, a manufacturer,
wholesaler, pharmacist, physician, dentist, veterinarian, or other authorized person for the
purpose of obtaining a controlled substance.
(5) To make or utter any false or forged prescription or false or forged written order.
(6) To affix any false or forged label to a package or receptacle containing controlled
substances.
(7) To furnish false or fraudulent material information in, or omit any material information
from, any application, report; or other document required to be kept or filed under this
chapter, or any record required to be kept by this chapter; or
• (8) To possess a false or fraudulent prescription with intent to obtain a controlled
substance. •
(9) To attempt to illegally obtain controlled substances by providing more than one name to
a practitioner when obtaining a prescription for a controlled substance. If a person's name is
legally changed during the time period that he or she is receiving health care from a •
practitioner, the person shall inform all providers of care so that the medical• and pharmacy
records for the person may be filed under a single name identifier.
(b) Information communicated to a practitioner in an effort unlawfully to procure a
controlled substance or unlawfully to procure the administration of such substance, shall not
be deemed a privileged communication.
•:- Additions are indicated .6y underline;: deletions by. strikeout 865
•
QDEN A
UL�LA E
P . L . L . C . A T T O R N E Y S A T L A W
2100 Westlake Center Tower • 1601 Fifth Avenue • Seattle, WA 98101 -1686 • (206) 447 -7000 • Fax (206) 447 -0215
Mr. Vernon Umetsu
Associate Planner
CITY OF TUKWILA
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Re: Land Use Applications Declaration Language
Dear Vernon:
James E. Haney
As we discussed Wednesday, the language on the application form regarding ownership should
be in the form of a declaration. I suggest that it read as follows:
The undersigned makes the following statements based upon
personal knowledge:
1. I am the owner . of the property which is the subject
of this application.
2. All statements contained in the application are true
and correct to the best of my knowledge.
3. The application is being submitted with my
knowledge and consent.
I declare under penalty of perjury under the laws of the
state of Washington and the United States of America that the
foregoing statement is true and correct.
" n
41, 01 1996
CO f°sm UNF`
DEVELOPMENT
Wenatchee Office • One South Chelan Street • P.O. Box 1606 • Wenatchee, WA 98807 • (509) 662 -1954 • Fax (509) 663 -1553
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Mr. Vernon Umetsu
June 28, 1996
Page 2
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EXECUTED at (city),
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(Signature)
Print Name
I don't think we should try to put something into the application that indicates that the owner
consents to and agrees to be bound by all of the conditions we impose. Since the conditions are
unknown at the time the application is signed, I doubt that such a blanket agreement would be
enforceable. The better way to handle the issue is to require that an agreement setting forth any
and all conditions that won't be completed during the construction phase be executed and
recorded prior to issuance of any permits. That's the time at which you get the owner to sign,
record the agreement, and bind all future owners to the terms.
Let me know if there's anything else you need on this.
Very truly yours,
OG N MURPHY WALLACE, P. L. L. C.
"James
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STATE OF WASHINGTON
DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT
906 Columbia St. SW • PO Box 48300 • Olympia, Washington 98504 -8300 • (360) 753 -2200
June 28, 1996
Vernon Umetsu
Associate Planner
Department of Community Development
City of Tukwila
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188
RE: DEVELOPMENT REGULATION DRAFT AMENDMENT
Dear Mr. Umetsu:
Thank you for sending this department the following
draft amendment to your development regulation:
1724; Concurrency thresholds for non - conformity uses
The state agencies on the list attached to this letter may
contact you if they wish to review these regulations and will
send their comments directly to you. CTED has comments at this time.
Also, if you have not sent CTED a copy of your GMA implementation
strategy, please do so (see requirements for implementation strategy
located in WAC 365 -195 -805).
When the development regulations are adopted, please forward
us adopted copies of-the regulations for review and our files.
If you have any questions or concerns, please call me at
(360) 586 -9118.
Enclosure
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cerely,
(LcA96-x-e-
Fot.
ke Nwankwo
Growth Management Planner
Growth Management Services
JUL 0 2 1996
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STATE AGENCIES REVIEWING DEV BEGS: Page 1 of 1 Revised 5/9/96
Mr. Richard Sarver
Department of Health
Post Office Box 47822
Olympia, WA 98504 -7822
(360) 586 -8123
Mr. Steve Penland
Department of Fish and Wildlife
600 Capitol Way North
Olympia, WA 98501 -1091
(360) 902 -2598
Regional Planner
Department of Community, Trade and
Economic Development
Post Office Box 48300
Olympia, WA 98504 -8300
(360) 753 -2222
Mr. Eric Huart
Department of Natural Resources
Post Office Box 47014
Olympia, WA 98504 -7014
(360) 902 -1482
Ms. Pam McPartland
Department of Social & Health
Services
Post Office Box 45848
Olympia, WA 98504 -5848
(360) 664 -2358
s: \forms \devreview.doc
Ms. Bonnie Simms
Department of Ecology
Post Office Box 47600
Olympia, WA 98504 -7600
(360) 407 -6422
Mr. Steve Tilley (Puget Sound Only)
Puget Sound Water Quality Authority
Post Office Box 40900
Olympia, WA 98504 -0900
(360) 407 -7307
Mr. Bill Wiebe
Department of Transportation
Post Office Box 47370
Olympia, WA 98504 -7300
(360) 705 -7958
Mr. Terry Michalson
Superintendent of Public Instruction
Post Office Box 47200
Olympia, WA 98504 -7200
(360) 753 -6703
City of Tukwila
Department of Community Development
June 20, 1996
Mr. Ike Nwankwo
D.C.T.E.D.
Growth Management Services
P.O. Box 48300
Olympia, WA 98504 -8300
RE: City of Tukwila Regulatory Revisions per HB 1724.
Dear Ike:
Attached for your review and comment are:
John W. Rants, Mayor
Steve Lancaster, Director
1. procedural revisions to bring Tukwila land use regulations
into conformity with HB 1724,
2. concurrency standards for roads, sewer and water facilities,
and
3. clarifying thresholds for when non - conforming uses must
apply for a permit.
Additional opportunity for public input to that identified in the
document, was provided at a City Council public hearing on June
17, 1996. City adoption is anticipated on July 1, 1996, with an
effective date of about July 10th.
I apologize for the lateness of this submittal.
Please call me at 206 - 431 -3684, if I can be of any help.
Sin e•-ly,
Vernon Umetsu, Assoc — Planner
Attachment
file:1724 \cted
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 4313665
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City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants, Mayor
May 29, 1996
Tukwila Planning Commission
•Tukwila City Hall
Tukwila City Council
Tukwila City Hall
RE: Recommended Approval of Proposed Tukwila Municipal Code
Amendments.
Dear Council Members:
The Planning Commission has completed its review of the
development code amendments which are needed for consistency with
HB 1724, and a utility/road concurrency and standards ordinance
Planning Commission review was largely guided by decisions at its
joint meeting with the City Council and Board of Adjustment
. A record of Commission deliberations is shown in
FINDINGS
The Planning Commission finds the following:
1. Public involvement was invited with a flyer sent to all
landowners, businesses and residents on May 2, 1996. The
flyer advertised document availability on May 3rd, an
information meeting with staff on May 9th, and a Planning
Commission public hearing on May 16, 1996.
Notice of the public information meeting and the public
hearing was also published in the "Seattle Times" on May 3,
1996.
2. The proposed HB 1724 ordinance reflects the combined: State
mandated 1724 actions, decisions on City options made at a
joint meeting of the City Council, Planning Commission and
Board of Adjustment (Attaohmezlt:E), and staff
hirtrattlri•VatouooqerroivvorzereviRrougurriciwrirtOnA 1.r4.22AgUR222
Atdestv.ki,
L96 -0020: HB 1724 and Concurrency Code Amendments
May 29, 1996 Page 2
recommendations on items not addressed by the above, with
one exception.
3. One amendment regarding minor modification of Board of
Architectural Review decisions and Planned Residential
Development decisions, is not consistent with the joint
meeting direction, and will be discussed by staff.
4. The substance of the utility /road concurrency and standards
ordinance was largely discussed during review of the
Comprehensive Plan Utility and Transportation policies.
These implementing regulations are being presented at this
time, due to the time requirements for adoption.
5. Two persons testified at the public hearing held on May 16,
1996: staff who entered and evaluated the proposed document
and-one person who complemented staff on its work. This
testimony is shown in me -* Staff testimony is
summarized below.
6. Staff testified that:
a. this is a legislative action with a Planning Commission
recommendation and City Council action,
b. certain amendments to the originally proposed action
(May 3, 1996) should be incorporated and
c. the amended proposed action is consistent with the
Tukwila Comprehensive Plan and the State Growth
Management Act and
RECOMMENDATION
The Commission recommends approval of the amended proposed
action, with all proposed amendments, based on the above
findings.
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L96 -0020: HB 1724 and Concurrency Code Amendments
May 29, 1996
LIST OF ATTACHMENTS
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
file:1724 \pccncl
Page 3
A summary of the proposed decision makers, appeal
bodies and review processes by permit "Type."
Draft HB 1724 Ordinance. A new Tukwila Zoning
Code chapter in which the overwhelming majority of
1724 amendments are incorporated.
Draft Ordinance Regarding Concurrency and
Standards. Amendments to Tukwila Municipal Code
titles 9, 14 and 18. These establish concurrency
standards for utilities, roads, and various types
of uses, and to clarify and establish performance
standards for changes to unclassified uses.
Draft Amendments to Existing Ordinances.
Technical revisions to various Tukwila Municipal
Code chapters which are needed to incorporate the
provisions in'tt`?`<
Results of (the) Joint Meeting on ESHB 1724
Regulatory Reform Issues.
Chronological Minutes of the Planning Commission
Review.
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Type 1 decisions are made by City administrators who have technical expertise as designated by
ordinance. Type 1 decisions are non - appealable administrative decisions. Public notice is not
required for Type 1 decisions.
Type 1 Decisions:
TYPE OF PERMIT:
DECISION MAKER:
Building Permit
Building Official
Utility Permit
Public Works Director
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission or denials
of sign permits which are appealable
Community Development Director . .
Land Alteration
Public Works Director
Boundary Line Adjustment, including
Lot Consolidation
Community Development Director
Minor Modification to PRD (TMC
18.46.130)
Community Development Director
Minor modification to BAR approved
design (TMC 18.60.050)
Community Development Director
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
As specified by Ordinance
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Application
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1
Review for
Completeness
(28 days)
If not complete
If complete
Notice of Application
(14 days after complete
application)
1
Determine Whether
Categorically Exempt
from SEPA
If complete
Notice of Incomplete
Application
(to Applicant only)
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Decision on
Application
1
Notice of Decision
to Parties of Record
Issue
Public
Notice
Application Resubmitted.
Completeness Reviewed
(14 days)
Public Comment Period
(14 days)
Total time allowed from issuance of
Notice of Completeness to Notice
of Decision is 120 days.
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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 Board of
Adjustment, Planning Commission, City Council, or, in the case of shoreline permits, an appeal
to the State Shorelines Hearings Board pursuant to RCW ch. 90.58.
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Planned
Residential Development (TMC
17.08.040)
Short Plat Committee
Board of Adjustment
Short Plat (TMC 17.08.060)
Short Plat Committee
Board of Adjustment
Binding Site Improvement Plan
(TMC 17.16.090)
Short Plat Committee
Board of Adjustment
Shoreline Substantial
Development Permit (TMC ch.
18.44)
Community Development
Director
State Shoreline
Hearings Board
Decision regarding Sensitive
Areas (except Reasonable Use
Exception) (TMC 18.45.125)
Community Development
Director
Planning
Commission
Special Permission Parking, and
Modifications to Certain Parking
Standards (TMC 18.56.060 and
.070)
Community Development
Director
City Council
Parking standard for use not
specified (TMC 18.56.100)
Community Development
Director
Board of Adjustment
Code Interpretation (TMC
18.90.010)
Community Development
Director
Board of Adjustment
Special Permission Sign, except
dunique signb (various sections
of TMC Title. 19)
Community Development
Director
Planning
Commission
_
Sign Permit Denial (TMC
19.12.040)
Community Development
Director
Planning
Commission
Sign Area Increase (TMC
19.32.140)
Community Development
Director
Planning
Commission
Type 2 Permits
Application
Submittal
1
.Review for
Completeness
(28 days)
If not complete
1
Notice of Application
(14 days after complete
application)
If complete
Notice of Incomplete
Application
(to Applicant only)
Decision on
Application)
Notice of Decision to
Parties of Record
Appeals
(Must be filed
within 14 days)
1
Open Record Appeal
Hearing before Planning
Commission or BOA
Issue
Public •
Notice
Application Resubmitted
Completeness Reviewed
(14 days)
Public Comment Period.
(14 days)
Issue
Decision on
Appeal
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1) Total time allowed from issuance of Notice
of Completeness to Notice of Decision
Is 120 days.
2) Total time allowed from the date an
appeal is filed until the BOA or Planning
Commission issues a decision is 90 days.
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Type 3 decisions are quasi-judicial decisions made by the Board of Adjustment following an
open record hearing. Type 3 decisions may be appealed only to Superior Court, except for
shoreline variances which may be appealed to the State Shoreline Hearings Board pursuant to
RCW 90.58.
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline, sidewalk, land
alteration)
Board of Adjustment
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Resolve uncertain zone district boundary
Board of Adjustment
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Type 3 Permits
Application
Submittal
a
Review for
Completeness
(28 days)
If not complete
1
Notice of Application
(14 days after complete
application)
If complete
Notice of Incomplete
Application
(to Applicant only)
Schedule Public Hearing
and Issue Notice of
Hearing 14 days before
Issue
Public
Notice
Application Resubmitted
Completeness Reviewed
(14 days)
Public Comment Period
(14 days)
Public Hearing
Notice of Decision
to Parties of Record
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Notice of Completeness to Notice
of Decision is 120 days.
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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 City Council, which will hold a closed record appeal hearing based on the record established
by the Board of Architectural Review or Planning Commission, except Shoreline Conditional
Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to RCW ch.
90.58.
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(closed record
appeal)
_
Shoreline Conditional Use Permit
(TMC 18.44.050)
Planning Commission
State Shorelines
Hearings Board
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.115)
Planning Commission
City Council
Design Review
(TMC ch. 18.60, 18.56.040 and
Shoreline Master Program)
Board of Architectural
Review
City Council
Modifications to Certain Parking
Standards (TMC 18.56.040)
Board of Architectural
Review
City Council
^ Conditional Use Permit
(TMC 18.64)
Planning Commission
City Council
Landscaping for Changes to
Nonconforming Uses
(TMC 18.70.090)
Board of Architectural
Review
City Council
Unique Signs (TMC 19.28.010) ,
Planning Commission
City Council
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Application Submittal
Review for Completeness
(28 days)
If not complete
1
Notice of Application
(14 days after complete
application)
If complete
Notice of Incomplete
Application (to Applicant
only)
Schedule Public Hearing and
Issue Notice of Hearing
14 days beforehand
Planning Commission
Planning Commission
Decision
1
Notice of Decision
Issued
1
Appeal
(Must be filed within 14 days)
Issue Public
Notice
(14 days)
Application Resubmitted
Completeness Reviewed
(14 days)
Public Comment Period
(14 days)
Closed Record Appeal
Hearing — City Council
Notice of Decision on
Appeal
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1) Total time allowed from issuance of Notice
of Completeness to Notice of Decision by
Planning Commission is 120 days.
2) Total time allowed from the date of an
appeal to City Council decision is 60 days.
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Type 5 decisions are quasi-judicial decisions made by the City Council following an open record
hearing. Type 5 decisions may be appealed only to Superior Court.
TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.12.030)
City Council
Subdivision - Final Plat
(TMC 17.12.040)
City Council
Planned Residential Development
(PRD), including Major Modifications
(TMC ch. 18.46)
City Council
Unclassified Use (TMC ch. 18.66)
City Council
Rezone (TMC ch. 18.84)
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City Council
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
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Application
Submittal
1
Review for
Completeness
(28 days)
If not complete
1 If complete
Notice of Application
(14 days after complete
application)
If complete
Notice of Incomplete
Application
(to Applicant only)
Schedule Public
Hearing and Issue
Notice of Hearing
14 days before hand
City Council
Hearing
Notice of Decision
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Application Resubmitted
Completeness Reviewed
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Public Comment Period
(21 days)
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Public Meeting (held at
least 5 days prior to end
of Public Comment Period
Total time allowed from issuance of
Notice of Completeness to Notice
of Decision is 120 days.
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ORDINANCE TO IMPLEMENT RCW 36.70B (MB 1724)
5/22/96
CHAPTER 1- PURPOSE AND DEFINITIONS 2
Section 101 Statement of Purpose 3
Section 18.06.045 Applicant 3
Section 18.06.152 Closed Record Appeal 3
Section 18.06.202 Department 3
Section 18.06.592 Open Record Appeal 4
Section 18.06.594 Open Record Hearing 4
Section 18.06.657 Public Meeting 4
CHAPTER 2 - PERMIT APPLICATION PROCEDURES
Section 18.104.010
Section 18.104.020
Section 18.104.030
Section 18.104.040
Section 18.104.050
Section 18.104.060
Section 18.104.070
Section 18.104.080
Section 18.104.090
Section 18.104.100
Section 18.104.110
Section 18.104.120
Section 18.104.130
Section 18.104.140
Section 18.104.150
Classification of Project Permit Applications
Consolidation of SEPA Procedures and Appeals
Consolidation of permit applications
Relationship to SEPA
Pre - application Conferences
Application Requirements
Notice of Complete Application to Applicant
Notice of Application - Contents
Notice of Application - Procedure
Party of Record
Posted Notice
Mailed notice
Time Periods for Permit Issuance
4
4
7
8
8
8
8
11
12
14
14
15.
16
17
18
18
Applications - Modifications to proposal
Vesting
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Section 18.104.160 Hearing Scheduling - Notice of Hearing 18
Section 18.104.170 Notice of Decision 19
Section 18.104.180 Referral to Other City Departments 19
Section 18.104.190 Date of Mailing 20
CHAPTER 3 - CLASSIFICATION OF PERMITS AND APPROVALS 20
Section 18.108.020 Type 1 Decision Process 20
Section 18.108.020 Type 2 Initial Decision by the Director or Short Plat Committee 20
Section 18.108.030 Type 3 Decision Process 21
Section 18.108.050 Type 4 Decision Process 21
Section 18.108.120 Type 5 Decision Process 22
Section 18.108.060 Legislative Decisions 23.
CHAPTER 4 - PUBLIC HEARING PROCESSES 23
Section 18.112.010 Rules Applicable to Public Hearings and Appeals 23
Section 18.112.020 Report by department, Notice of Hearing 23
Section 18.112.030 Hearing Scheduling 24
Section 18.112.040 Hearing Process - Limitations on Testimony 24
Section 18.112.050 Scope of Decisions 24
Section 18.112.070 Combined Public Hearing Processes - Other Agencies 25
CHAPTER 5 - APPEAL PROCESSES 25
Section 18.116.010 Time for Filing Appeal 25
Section 18.116.020 Dismissal of Untimely Appeals 26
Section 18.116.030 Notice of Appeal - Contents 26
CHAPTER 6 - MISCELLANEOUS
26
Section 601 Severability 26
CHAPTER 1- PURPOSE AND DEFINITIONS
2
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Section 101 Statement of Purpose
The purpose of this Ordinance is to establish standard procedures for land use permit
applications, public notice, hearings and appeals in the City of Tukwila. These procedures are
designed to promote timely and informed public participation in land use decisions; eliminate
redundancy in the application, permit review, hearing and appeal processes; provide for
uniformity in public notice procedures; minimize delay and expense; and result in development
approvals that implement the policies of the Comprehensive Plan. These procedures also
provide for an integrated and consolidated land use permit and environmental review process
consistent with and are adopted pursuant to chapter 347, laws of 1995.
Section 18.06.045 Applicant
TMC 18.06.045 and Ordinance 17568, §1(part) are amended as follows:
"Applicant" means a property owner or a public agency or public or private utility which owns
a right -of -way or other easement or has been adjudicated the right to an easement pursuant to
RCW 8.12.090, or any person or entity designated in writing by the property or easement owner
to be the applicant for a project permit, and who requests approval for a project permit.
Section 18.06.152 Closed Record Appeal
A new section TMC 18.06.152 is added to TMC ch. 18.06 as follows:
"Closed Record Appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made after an open record
hearing. Testimony and submission of relevant evidence and information shall not be permitted
at a hearing on such an appeal. The hearing on such an appeal shall be limited to argument based
on the testimony, evidence and documents submitted at the open record hearing conducted on the
project permit application.
Section 18.06.202 Department
A new section TMC 18.06.202 is added to TMC ch. 18.06 as follows:
"Department" means the Department of Community Development.
3
Section 18.06.592 Open Record Appeal
A new section TMC 18.06.592 is added to TMC ch. 18.06 as follows:
"Open Record Appeal" means a quasi-judicial appeal to a hearing body designated by this
chapter from a decision regarding a project permit application that was made without an open
record hearing. Testimony and submission of relevant evidence and information shall be
permitted at the hearing on such an appeal.
Section 18.06.594 Open Record Hearing
A new section TMC 18.06.594 is added to TMC ch. 18.06 as follows:
"Open Record Hearing" means a quasi-judicial hearing conducted by a hearing body which
creates the official record regarding a permit application. Oral testimony and submission of
relevant evidence and documents shall be permitted at such a hearing.
Section 18.06.657 Public Meeting
A new section TMC 18.06.657 is added to TMC ch. 18.06 as follows:
"Public Meeting" means an informal meeting or workshop to provide public information
regarding a project permit application and to obtain comments about the application from the
public. The information gathered at such a meeting does not constitute part of the official record
regarding a project permit application.
CHAPTER 2 - PERMIT APPLICATION TYPES AND PROCEDURES
A new chapter 18.104 is added to TMC Title 18 as follows:
Section 18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the amount 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.
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B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions are non - appealable administrative decisions. Public
notice is not required for Type 1 decisions.
Type 1 Decisions:
TYPE OF PERMIT:
DECISION MAKER:
Building Permit
Building Official
Utility Permit
Public Works Director
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission or denials of
sign permits which are appealable
Community Development Director
Land Alteration
Public Works Director
Boundary Line Adjustment, including
Lot Consolidation
Community Development Director
Minor Modification to PRD (TMC
18.46.130)
Community Development Director
Minor modification to BAR approved
design (TMC 18.60.030)
Community Development Director
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
As specified by Ordinance
C. 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 Board of Adjustment, Planning Commission, City Council, or, in the case of
shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW ch. 90.58.
TYPE OF PERMIT
—
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Planned
Residential Development (TMC
17.08.040)
Short Plat Committee
Board of Adjustment
Short Plat (TMC 17.08.060)
Short Plat Committee
Board of Adjustment
Binding Site Improvement Plan
(TMC 17.16.090)
Short Plat Committee
Board of Adjustment
Shoreline Substantial • .
Development Permit (TMC ch.
Community Development
Director
State Shoreline
Hearings Board
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18.44)
DECISION MAKER
Variance (zoning, shoreline, sidewalk, land
alteration)
Decision regarding Sensitive
Areas (except Reasonable Use
Exception) (TMC 18.45.125)
Community Development
Director
Planning
Commission
Special Permission Parking, and
Modifications to Certain Parking
Standards (TMC 18.56.060 and
.070)
Community Development
Director
City Council
Parking standard for use not
specified (TMC 18.56.100)
Community Development
Director
Board of Adjustment
Code Interpretation (TMC
18.90.010)
Community Development
Director
Board of Adjustment
Special Permission Sign, except
"unique sign" (various sections of
TMC Title. 19)
Community Development
Director
Planning
Commission
Sign Permit Denial (TMC
19.12.040)
Community Development
Director
Planning
Commission
Sign Area Increase (TMC
19.32.140)
Community Development
Director
Planning
Commission
D. Type 3 decisions are quasi-judicial decisions made by the Board of Adjustment
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances which may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline, sidewalk, land
alteration)
Board of Adjustment
Resolve uncertain zone district boundary
Board of Adjustment
E. 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 City Council, which will hold a closed record appeal hearing based on the record
established by the Board of Architectural Review or Planning Commission, except Shoreline
Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to
RCW ch. 90.58.
TYPE OF PERMIT • 4
INITIAL DECISION
MAKER
APPEAL BODY
(closed record appeal)
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Shoreline Conditional Use Permit
(TMC 18.44.050)
Planning Commission
State Shorelines
Hearings Board
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.115)
Planning Commission
City Council
Design Review
(TMC ch. 18.60, 18.56.040 and
Shoreline Master Program)
Board of Architectural
Review
City Council
Modifications to Certain Parking
Standards (TMC 18.56.040)
Board of Architectural
Review
City Council
Conditional Use Permit
(TMC 18.64)
Planning Commission
City Council
Landscaping for Changes to
Nonconforming Uses
(TMC 18.70.090)
Board of Architectural
Review
City Council
Unique Signs (TMC 19.28.010)
Planning Commission
City Council
F. Type 5 decisions are quasi-judicial decisions made by the City Council following an
open record hearing. Type 5 decisions may be appealed only to Superior Court.
TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.12.030)
City Council
Subdivision - Final Plat
(TMC 17.12.040)
City Council
Planned Residential Development
(PRD), including Major Modifications
(TMC ch. 18.46)
City Council
Unclassified Use (TMC ch. 18.66)
City Council
Rezone (TMC ch. 18.84)
City Council
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
Section 18.104.020 Consolidation of SEPA Procedures and Appeals
Except as provided in TMC 21.04.280, no administrative appeals of procedural and substantive
SEPA decisions shall be permitted. In any case in which an administrative appeal of a procedural
or substantive SEPA decision is m 1e, the hearing on such appeal shall be consolidated with the
hearing on the merits of the underlying permit(s).
7
Section 18.104.030 Consolidation of permit applications
A. Applicants shall have the right to request that all permit applications related to a
single project be processed as a consolidated permit application.
B. All permits included in consolidated permit applications that would require more
than one Type of land use decision process, shall be processed together, including any
administrative appeals, using the highest numbered land use decision Type applicable to the
project application; except that decisions on Type 1 applications shall still be made by the
responsible administrative agency or officer and shall not be subject to administrative review or
appeal.
Section 18.104.040 Relationship to SEPA
Land use permits that are categorically exempt from review under the State Environmental Policy
Act ( "SEPA ") will not require a threshold determination. For all other projects, the SEPA review
procedures codified in TMC ch. 21.04 are supplemental to the procedures set forth in this
chapter.
Section 18.104.050 Pre - application Conferences
Prior to filing a permit application requiring a Type 1, 2, 3, 4 or 5 decision, the applicant may
contact the Department to schedule a pre - application conference. The purpose of the pre -
application conference is to review and discuss the application requirements with the applicant
and provide comments on the development proposal. The pre- application conference shall be
scheduled by the Department at the request of an applicant, and shall be held in a timely manner.
Section 18.104.060 Application Requirements
In order to comply with the requirements of RCW 36.70B.080 (which requires that the City
specify the contents of a'complete application for a land use permit), RCW 36.70B.070 (which
requires the City to determine whether applications are complete within 28 days of submission)
and RCW 36.70B.090 (which requires the City to make a decision on a permit application within
120 days of determining the application is complete), the following standards for permit
applications are established:
A. Applications shall be made by the property owner, lessee, contract purchaser,
governmental agency, or by an authorized agent thereof. The Department shall not commence
review of any application set forth in this chapter until the applicant has submitted the materials
and fees specified for complete applications. Applications shall be considered complete as of the
date of submittal upon determination by the Department that the materials submitted meet the
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requirements of this Section. Except as provided in Subsections B and D of this Section, all land
use permit applications shall include the following in quantities specified by the Department:
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applicant. The applicant shall be allowed to file a consolidated application for all land use 6 D'
project permits requested by the applicant for the development proposal at the time the v 0
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to TMC 14.3 6.010. g Q
3. Site percolation data approved by the Seattle -King County Department of _
Environmental Health pursuant to TMC 14.36.020 if the site is proposed for development using ? F'
a septic system, or a Certificate of Sewer Availability from the sewer utility purveyor serving the z O
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7. A completed environmental checklist, if required by TMC ch. 21.04.
8. A list of any existing environmental documents known to the applicant or
the City that evaluate any aspect of the proposed project.
9. A list of any permits or decisions applicable to the development proposal
that have been obtained prior to filing the application or that are pending before the City or any
other governmental entity.
10. A storm water design which meets the requirements set forth in the
Surface Water Design Manual .adopted pursuant to TMC 16.54.060(D).
11. For land use permits requiring a Type 3, 4 or 5 decision: current
Assessor's maps and a list of tax parcels to which public notice must be given; a set of mailing
labels addressed to the owners thereof; and a set of mailing address labels addressed to the
occupants thereof, including tenants in multiple occupancy structures, to the extent the owner's
addresses are not the same as the street addresses of the properties to which notice is required.
12. Legal description of the site.
13. A soils engineering report for the site.
14. Traffic study or studies, if required pursuant to TMC 9.48.070.
15. A landscaping plan, if required by TMC ch. 18.52.
16. A tree-clearing plan, if required by TMC ch. 18.54.
17. A parking plan, if required by TMC ch. 18.56.
18. Design review plans and related documents, if required by TMC 18.60 or
the Shoreline Master Program.
19. Verification of applicable contractor's registration number, if required by
RCW 18.27.110.
B. The Director may waive any of the specific submittal requirements listed in this
section that are determined to be unnecessary for review of an application.
C. A permit application is complete for purposes of this section . when it meets the
procedural submission requirements of the Department and is sufficient for continued processing
even though additional information may be required or project modifications may be
subsequently undertaken. The determination of completeness shall not preclude the Department
from requesting additional information or studies either at the time of notice of completeness or
subsequently if new or additional information is required or substantial changes in the proposed
action occur, as determined by the Department.
D. There are additional application requirements for the following land use permits,
which must be provided in addition to the materials identified in this Section in order for an
application to be deemed complete:
1. Land altering permit, see TMC 16.54.100, .110 and .230.
2. Construction permits, see TMC Title 16, building and construction codes.
3. Water system connections, see TMC 14.04.030.
4. Sanitary sewer connection, see TMC 14.12.070.
10
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Flood control zone permit, see TMC 16.52.070.
6. Short subdivisions, see TMC 17.08.040.
7. Preliminary subdivisions, see TMC 17.12.030.
8. Final subdivisions, see TMC 17.12.040.
9. Binding site improvement plans, see TMC 17.16.030.
10. Planned residential developments, see TMC 18.46.110.
11. Sign permits, see TMC 19.12.020 and .030.
12 . Shoreline substantial development permits, shoreline conditional use
permits and shoreline variances, see TMC ch. 18.44, RCW chapter 90.58 and the applicable
Shoreline Master Program.
E. The applicant shall attest by written oath to the accuracy of all information
submitted for an application. The Department shall have the authority to require the applicant
to submit a title report or other proof of ownership of the property or other proof of the
applicant's authority to submit an application regarding the property.
Applications shall be accompanied by the payment of applicable filing fees, if
any.
Section 18.104.070 Notice of Complete Application to Applicant
A. Within twenty -eight (28) days following receipt of a permit application, the
Department shall mail or provide in person written notice to the applicant that the application is
either complete or incomplete. If the application is incomplete, the notice shall state with
specificity what is necessary to make the application complete. To the extent known by the
Department, the notice shall identify other agencies of local, state, regional or federal
governments that may have jurisdiction over some aspect of the development proposal.
B. An application shall be deemed complete under this section if the Department
does not provide written notice to the applicant that the application is incomplete within the 28
day period as provided herein.
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C. If the application is incomplete and the applicant submits the additional
information requested by the Department, the Department shall mail or provide in person
written notice to the applicant, within fourteen (14) days following the receipt of the additional
information, whether the application is complete or what further information, specified by the
Department as provided in Subsection A, is necessary to make the application complete. An
application shall be deemed complete if the Department fails to provide written notice to the
applicant within such 14 day period that the application is incomplete.
D. An application shall be conclusively deemed to be complete on the Department's
issuance of a notice of complete application as provided in Subsections A or C hereof, or the
expiration of the time periods for issuance of such a notice as provided in Subsections B or C
hereof.
E. The Department shall cancel an incomplete application if the applicant fails to
submit the additional information required by Subsection A or C within ninety (90) days
following notification from the Department that the application is incomplete. The Department
may extend this cancellation date up to 120 additional days if the applicant submits a written
request for an extension prior to cancellation. The request must clearly demonstrate that the
delay is due to circumstances beyond the applicant's control (such as the need for seasonal
wetland data) or unusual circumstances not typically faced by other applicants, and that a good
faith effort has been made to provide the requested materials.
Section 18.104.080 Notice of Application - Contents
A. A Notice of Application shall be provided to the public and departments and
agencies with jurisdiction for all land use permit applications requiring Type 2, 3, 4 or 5 decisions
and for all Type 1 decisions which require SEPA review, except that a Notice of Application is
not required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit
Denial pursuant to TMC 19.12.040.
B. A Notice of Application shall be issued by the Department within fourteen (14)
days following the Department's determination that the application is complete.
C. If the Responsible Official has made a Determination of Significance (DS) under
.Chapter 43.21 RCW prior to the issuance of the Notice of Application, notice of the
determination shall be combined with the Notice of Application. If a determination of
significance (DS) has been made prior to the issuance of the Notice of Application, the Notice of
Application shall also. include the scoping notice required by WAC 197 -11 -360.
D. All required Notices of Application shall contain the following information:
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1. The file number.
2. The name of the applicant and the owner of the property, if different than
the applicant.
3. A description of the project, the location, a list of the permits included in
the application and the location where the application and any environmental documents or
studies can be reviewed.
4. A site plan on 8 1/2 x 11 inch paper, if applicable.
5. A statement establishing a public comment period, which shall be fourteen
(14) days for Type 1, 2, 3 and 4 decisions and,twenty-one (21) days for Type 5 decisions
following the date of the Notice of Application, provided that a public comment period is not
required in the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial
pursuant to TMC 19.12.040, and further provided that the comment period for projects requiring
a Shoreline Substantial Development permit shall be either 20 or 30 days, as specified in RCW
90.58.140.
6. The procedures and deadline for filing comments, requesting notice of any
required hearings, and any appeal rights. Any person may comment in writing on the application
during the public comment period, and may participate by submitting either written or oral
testimony, or both, at any hearings, and may request a copy of the decision once made. The
Notice shall specify any appeal procedures that apply to the permit application.
7. For Type 5 decisions, the date, time and place of the public meeting
required by TMC 18.108.120 and an explanation of the purpose of and procedure to be followed
at such meeting.
8. The date, time place and type of hearing, if applicable and scheduled at the
time of notice.
9. The identification of other permits not included in the application to the
extent known by the Department.
10. A statement of the preliminary determination, if one has been made, of
those development regulations that will be used for project mitigation and for determining
consistency with applicable City requirements.
E. Additional information is required by RCW ch. 90.58 for Notices of Application
for projects which require a Shoreline Substantial Development permit.
13
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F. Except for a determination of significance, the Department shall not issue a
threshold determination pursuant to RCW ch. 43.21C, and the Department shall not issue a
decision or a recommendation on the application until the expiration of the public comment
period on the Notice of Application.
Section 18.104.090 Notice of Application - Procedure
Notice of Application shall be provided as follows:
A. For all Type 2, 3, 4 and 5 decisions, and Type 1 decisions which require SEPA
review, the Notice of Application shall be mailed by first class mail to the applicant and to
departments and agencies with jurisdiction, except that a Notice of Application is not required in
the case of a Code Interpretation pursuant to TMC 18.96.010 or a Sign Permit Denial pursuant
to TMC 19.12.040.
B. For Type 1 decisions and Type 2 decisions which require SEPA review, the
Notice. of Application shall be provided by posting pursuant to TMC 18.104.110, provided that
the Notice of Application for a Type 1 decision involving a single family residence need not be
posted but shall be published one time in a newspaper of general circulation in the City.
C. For Type 3, 4 and 5 applications, the Notice of Application shall be posted
pursuant to TMC 18.104.110 and mailed pursuant to TMC 18.104.120.
D. For applications which require any Shoreline permit, additional notice shall be
provided as required by RCW ch. 90.58.
E. For preliminary plats, additional published notice shall be provided as required by
RCW 58.17.090(a).
F. The Director shall have the discretion in unusual circumstances (i.e., lengthy
utility corridor or right -of -way construction projects) where posting and mailed notice would be
impractical, to require the notice of application to be published in a newspaper of general
circulation in the area where the proposal is located, in lieu of posting and mailed notice.
Section 18.104.100 Party of Record
Any person who (1) submits comments, in writing, on an application during the public comment
period, (2) requests, in writing, copies of notice of any public hearing on an application (3)
requests, in writing, copies of any decision on the application, (4) testifies on an application at a
public hearing, or (5) who otherwisg indicates, in writing, a desire to be informed of the status of
14
the application, shall be a party of record. The applicant shall always be considered a party of
record.
Section 18.104.110 Posted Notice
A. Posted notice for a proposal shall consist of one or more notice boards prepared
and posted by the applicant within 14 days following the Department's determination of
completeness as follows:
1. A single notice board shall be posted for a project. This notice board shall
also be used for the posting of the Notice of Decision and any Notice of Hearing, and shall be
placed by the applicant as follows:
a. The notice board shall be located at the midpoint of the site street
frontage or as otherwise directed by the Department for maximum visibility.
b. The notice board shall be five feet inside the street property line
except when the board is structurally attached to an existing building, provided that no notice
board shall be placed more than five feet from the street property without approval of the
Department.
c. Notice boards shall be at least four feet by four feet in size and
shall be designed, constructed and installed in accordance with specifications promulgated by the
Department.
above grade.
pedestrians.
d. The top of the notice board shall be between seven to nine feet
e. The notice board shall be placed so that it is completely visible to
2. Additional notice boards may be required by the Department when:
a. The site does not abut a public road;
b. A large site abuts more than one public road; or
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permit, the notice board shall be posted for a minimum of 30 days. ' .
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cause for discontinuance of review of the application until the notice board is replaced and
remains in place for a specified time period.
a. For Type 3, 4 or 5 decisions, from 14 days after the determination
of completeness until the date of the public hearing on the application.
d. For any project requiring a Shoreline Substantial Development
5. An affidavit of posting shall be submitted to the Department by the
applicant within 14 days following the Department's determination of completeness to allow
continued processing of the application by the Department.
Section 18.104.120 Mailed notice
A. Mailed notice shall be issued by first class mail by the Department within 14 days
following the Department's determination of completeness as follows:
1. To owners of record of property within 500 feet of the site, and to the
occupants thereof to the extent the street addresses of such properties are different than the
mailing addresses of the owners.
2. To any agency or tribe which the Department may identify as having an
interest in the proposal.
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3. To any other party of record.
B. Mailed notice shall be considered supplementary to posted notice and be deemed
satisfactory despite the failure of one or more persons to receive mailed notice.
Section 18.104.130 Time Periods for Permit Issuance
A. Final decisions by the City on all permits shall be issued within 120 days from the
date the applicant is notified by the Department that the application is complete. The following
periods shall be excluded from this 120 -day period:
1. Any period of time during which the applicant has been requested by any
City department, agency or hearing body with jurisdiction over some aspect of the application to
correct plans, perform required studies, or provide additional information. The period shall be
calculated from the date the applicant is notified of the need for additional information until the
earlier of (a) the date the department, agency or hearing body determines whether the additional
information satisfies the request, or (b) fourteen days after the date the information has been
provided to the department, agency or hearing body. If the department, agency or hearing body
determines that the action by the applicant is insufficient, it shall notify the applicant of the
deficiencies and the procedures of this section shall apply as if a new request for information had
been made.
2. The period of time during which an environmental impact statement is
being prepared following a determination of significance pursuant to Chapter 43.21C RCW.
3. A period of no more than ninety days for an open record appeal hearing on
a Type 2 land use decision, and no more than sixty days for a closed record appeal on a Type 4
land use decision appealable to the City Council.
4. Any additional time period for administrative review agreed upon by the
Department and the applicant.
5. Any additional time period agreed upon by the Department, the applicant
and, any parties to an appeal.
6. Any period of time during which an applicant fails to post the property, if
permit processing is suspended by the Department pursuant to TMC 18.104.110.
B. The time limits established in this section shall not apply if a project permit
application requires an amendment to the comprehensive plan or a development regulation.
17
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C. The time limitations established in this section shall not apply to street vacations
or other approvals related to the use of public areas or facilities issued pursuant to TMC Title
11.
D. If a final decision cannot be issued within the time limits established by this section,
the Department shall provide written notice of this fact to the project applicant. The notice shall
include a statement of reasons why the time limits have not been met and an estimated date for
issuance of the notice of final decision.
Section 18.104.140 Applications - Modifications to proposal
A modification to project plans occurring before issuance of the permit shall be deemed a new
application for the purpose of establishing time periods pursuant to TMC 18.104.130 when such
modification would result in a substantial change in a project's review requirements, as
determined by the Department.
Section. 18.104.150 Vesting
A. Applications for Type 1, 2, 3, 4 and Type 5 decisions (other than rezones and
shoreline environment redesignations) shall be considered under the zoning and other land use
control ordinances in effect on the date a complete application is filed meeting all of the
requirements of TMC 18.104.070. The Department's issuance of a notice of complete
application as provided in TMC 18.104.070(A) or (C), or the failure of the Department to
provide such a notice as provided in TMC 18.104.070(B) or (C), shall cause an application to be
deemed complete for purposes of the vested rights doctrine.
B. Supplemental information required after filing of a complete application shall not
affect the validity of the vesting for such application.
C. Vesting of an application does not vest any subsequently required permits, nor
does it affect the requirements for vesting of subsequent permits or approvals.
D. A determination that an application is complete shall not be deemed to affect the
requirement of the vested rights doctrine that an application is not vested if it fails to comply
with the zoning and other land use control ordinances in effect at the time a complete application
is filed.
Section 18.104.160 Hearing Scheduling - Notice of Hearing
A. At least 14 days prior to any public hearings on Type 3, 4 and 5 decisions, open
record appeal hearings on Type 2 decisions and closed record appeal hearings on Type 4
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decisions, the Department shall issue a Notice of Hearing by mail pursuant to the provisions of
TMC 18.104.120. In addition, at least 14 days before such hearing, the Director shall post the
Notice of Hearing on any posted notice board(s) erected pursuant to TMC 18.104.110. Such
Notice of Hearing shall include the following information: • z
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Notice of Hearing if the Director determines that such information would increase public i= F;
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Section 18.104.170 Notice of Decision
A. The Department shall provide written notice in a timely manner of the final
decision on permits requiring Type 2, 3, 4 and 5 decisions and on permits requiring Type 1
decisions which require SEPA review. Such notice shall identify the threshold determination, if
any, and the procedures for administrative appeals, if any. Notice shall be delivered by first class
mail or in person to the applicant, to the Department of Ecology and to agencies with
jurisdiction, and to all parties of record.
B. Notices of Decision for Shoreline Substantial Development permits shall also
comply with the requirements of RCW ch. 90.58.
Section 18.104.180 Referral to Other City Departments
The Department shall refer permittapplications and portions of permit applications to other City
departments and administrators with authority and/or expertise to review such applications. The
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departments and administrators in permits, approvals and recommendations issued pursuant to
this Title.
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CHAPTER 3 - DECISION PROCESSES w 0;
A new chapter 18.108 is added to TMC Title 18 as follows: U <;
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appealed only to Superior Court pursuant to RCW ch. 36.70C, unless otherwise specified by u~. I,
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A. All Type 2 decisions shall be made by the Director, or in appropriate cases, the
Short Plat Committee, pursuant to the procedures set forth in TMC ch. 18.104.
B. Type 2 decisions other than Shoreline Substantial Development permits shall be
final unless appealed to the Board of Adjustment, the Planning Commission, or City Council, as
specified in TMC 18.104.010.
C. All appeals of Type 2 decisions other than appeals of Shoreline Substantial
Development permits shall be filed with the Department, which shall coordinate scheduling of
the appeal hearing with the appropriate appeal hearing body.
D. Appeal of a Shoreline Substantial Development permit shall be to the State
Shoreline Hearings Board pursuant to RCW ch. 90.58.
E. In the event that a project involves more than one Type 2 decision and no Type 3,
4 or 5 decision, all appeals shall be consolidated in the following sequence:
20
1. If an appeal to the City Council is involved, all appeals of Type 2
decisions shall be consolidated before the City Council.
2. If no appeal to the City Council is involved, all appeals of Type 2 decision
shall be consolidated before the Planning Commission.
F. All appeals of Type 2 decisions shall be open record appeals, processed pursuant
to the time limits and other procedures for such appeals specified in TMC ch. 18.116.
G. At the conclusion of an open record appeal hearing on a Type 2 decision, the
hearing body shall render a written decision, including findings of fact and conclusions, and the
Department shall promptly issue a Notice of Decision pursuant to TMC 18.104.170.
H. The decisions of the Board of Adjustment, the Planning Commission and the City
Council regarding Type 2 decisions shall be final and shall be appealable only to Superior Court
pursuant to RCW ch. 36.70C.
Section 18.108.030 Type 3 Decision Process
A. Type 3 decisions shall be made by the Board of Adjustment following an open
record public hearing. Such public hearing shall be conducted in accordance with the procedures
for open record public hearings specified in TMC ch. 18.112.
B. At the conclusion of a public hearing on a Type 3 decision, the hearing body shall
render a written decision, including findings of fact and conclusions, and the Department shall
promptly issue a Notice of Decision pursuant to TMC 18.104.170.
C. The decision of the Board of Adjustment shall be final and shall be appealable
only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.050 Type 4 Decision Process
A. Type 4 decisions shall be made by the Board of Architectural Review or Planning
Commission, as appropriate, following a open record public hearing.
B. Type 4 decisions by the Board of Architectural Review or Planning Commission
shall be final unless an appeal is filed to the City Council pursuant to TMC ch. 18.116.
C. At the conclusion of a public hearing on a Type 4 decision, the Board of
Architectural Review or Planning Commission shall render a written decision, including findings
of fact and conclusions, and the Department shall promptly issue a Notice of Decision pursuant
to TMC 18.104.170.
D. All appeals of Type 4 decisions shall be filed with the Department within the
time limits specified in TMC 18.116.010, except shoreline conditional use permits, which shall
be appealable only to the State Shoreline Hearings Board pursuant to RCW ch. 90.58. The
Department shall coordinate scheduling of any City appeal hearing with the City Council.
E. All appeals of Type 4 decisions except shoreline conditional use permits, shall be
closed record appeals, processed pursuant to the time limits for such appeals specified in TMC
18.104.130.
F. At the conclusion of a closed record appeal hearing on a Type 4 decision, the City
Council shall render a written decision, including findings of fact and conclusions, and the
Department shall promptly issue a Revised Notice of Decision pursuant to TMC 18.104.170.
G. The decision of the City Council regarding a Type 4 decision shall be final and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
Section 18.108.120 Type 5 Decision Process
A. The Notice of Application for a Type 5 decision shall set a date for a public
meeting, which shall be conducted at least 5 calendar days prior to the end of the public comment
period and at least 14 calendar days prior to the City Council public hearing. The public meeting
shall be staffed by a representative of the Department. The purpose of a public meeting shall be
to explain the application to the public and allow the public to provide oral comments thereon.
The applicant may, but is not required to, make a presentation at the beginning of the meeting to
describe the proposal which is the subject of the application. Information submitted at the
public meeting shall be considered by the Department in the preparation of its recommendation
to the City Council, but shall not constitute part of the public record to be considered by the •
City Council in its deliberations.
B. Type 5 decisions shall be made by the City Council following an open record
public hearing.
C. At the conclusion of a public hearing on a Type 5 decision, the City Council shall
render a written decision, including findings of fact and conclusions, and the Department shall
promptly issue a Notice of Decision pursuant to TMC 18.104.170.
D. The decision of the city Council regarding a Type 5 decision shall be final and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
22
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Section 18.108.160 Legislative Decisions
The procedures set forth in TMC chapters 18.104 through 18.116 shall not be applicable to the
adoption or amendment of any comprehensive plan or subarea plan, or to area wide rezoning
processes, area wide shoreline redesignation processes, street vacations, or other legislative
decisions.
CHAPTER 4 - PUBLIC HEARING PROCESSES
A new chapter 18. 112 is added to TMC Title 18 as follows:
Section 18.112.010 Rules Applicable to Public Hearings and Appeals
The provisions of this Chapter shall apply to all public hearings and to all appeal hearings under
this. Title. The provisions of this Chapter do not apply to the adoption or amendment of the
Comprehensive Plan or Development Regulations, or other legislative decisions.
Section 18.112.020 Report by department, Notice of Hearing
A. When a Type 3, 4, or 5 decision has been set for public hearing, or an appeal of a
Type 2 decision has been set for an open record appeal hearing, the Department shall coordinate
and assemble the reviews of other departments and governmental agencies having an interest in
the application and shall prepare a report summarizing the factors involved and the Department's
findings and recommendation, or decision, as appropriate. Attachments and appendixes to the
report need not be mailed to parties, but shall be made available for inspection and copying
during normal City business hours at the Department. Prior to the scheduled hearing, the report,
and in the case of appeals, the Notice of Appeal submitted to the City, shall be filed with the
hearing body which will conduct the hearing and copies thereof shall be mailed to all parties of
record who have requested a copy thereof.
B. If the Notice of Application did not identify a date for the public hearing, a Notice
of Hearing shall be issued by the Department at least fourteen (14) days prior to any public
hearing or open record appeal hearing under this Chapter. Such Notice shall be mailed pursuant
to TMC 18.104.120 and the posted notice erected pursuant .to TMC 18.104.110 shall be
modified to include the Notice of Hearing.
C. All required Notices of Hearing shall contain the following information:
1. The file number.
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23
2. The name of the applicant and the owner of the property, if different than
the applicant.
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the application and the location where the application, staff report and any environmental a: w
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hearings on Type 3, 4 and 5 decisions, open record appeal hearings on Type 2 decisions O
and closed record appeal hearings on Type 4 decisions shall be scheduled by the Department to 2 D:
ensure that final decisions are, issued within the time periods provided in TMC 18.104.130. v co
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Section 18.112.040 Hearing Process - Limitations on Testimony = v. al
To avoid unnecessary delay and to promote efficiency of the hearing process, the hearing body iii z
shall limit testimony to that which is relevant to the matter being heard, in light of adopted City � I
policies and regulations, and shall exclude evidence and cross examination that is irrelevant, z
cumulative or unduly repetitious. The hearing body may establish reasonable time limits for the
presentation of direct oral testimony, rebuttal testimony and argument.
Section 18.112.050 Scope of Decisions
A. Any hearing body conducting a public hearing shall have the authority to approve,
deny or approve with conditions a project permit application, based on the hearing body's
findings of fact and conclusions.
B. Said findings and conclusions shall set forth and demonstrate the manner in which
the action is consistent with, carries out and helps implement applicable state laws and
regulations and the regulations, policies, objectives and goals of the City's Comprehensive Plan,
the City's Development Regulations and other applicable official laws, ordinances, rules and
regulations. Any hearing body may adopt as its own, findings and conclusions recommended by
the Department. The City Council may adopt as its own all or portions of Board of
Architectural Review and Planning Commission's findings and conclusions regarding Type 4
decisions. ;
24
C. In the event that a hearing body determines that it lacks adequate information on
which to make findings of fact necessary to its decision, the hearing body may remand the project
permit to the Department for additional information, provided that if the City Council, in the
case of a Type 4 closed record appeal hearing, determines that it lacks adequate information on
which to make findings of fact necessary to its decision, the City Council shall remand the
project permit to the Board of Architectural Review or Planning Commission with instructions to
re -open the public hearing to take additional testimony and provide the Board of Architectural
Review or Planning Commission's findings on the factual issue(s) identified by the City Council
as requiring such additional information.
Section 18.112.070 Combined Public Hearing Processes - Other Agencies
If requested to do so by the applicant, the Department, pursuant to RCW 36.70B.110(7), shall
combine any public hearing held pursuant to this Chapter with public hearings held by other
agencies on the same project, so long as such joint hearing can be held within the time limits of
TMC 18.104.130, unless the applicant agrees to a different hearing schedule.
CHAPTER 5 - APPEAL PROCESSES
A new chapter 18.116 is added to TMC Title 18 as follows:
Section 18.116.010 Time for Filing Appeal
A. Except for shoreline permits which are appealable to the state Shorelines Hearings
Board, all notices of appeal of Type 2 land use decisions and Type 4 decisions made by the
Board of Architectural Review or Planning Commission shall be filed within fourteen (14)
calendar days from the date of issuance of the Notice of Decision; provided that the appeal
period shall be extended for an additional seven (7) calendar days if the project involves any one
or more of the following situations:
1. There is another agency with jurisdiction as defined in WAC 197 -11-
714(3).
2. The project involves the demolition of any structure or facility that is not
categorically exempt under WAC 197- 11- 800(2)(f) or 197 -11 -880.
3. The project involves a clearing and grading permit not categorically exempt
under WAC 197 -11 -800 through 197 -11 -880.
4. A Mitigated Declaration of Nonsignificance was issued for the project
pursuant to WAC 197 -11 -350.
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to WAC 197 -11- 360(4) and replaced by a Declaration of Nonsignificance.
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party is a corporation, association or other group, the address and phone number of a contact F:, 1;
person authorized to receive notices on the appealing party's behalf. 0
3. A statement identifying the decision being appealed and the alleged errors
in that decision. The Notice of Appeal shall state specific errors of fact or errors in application
of the law in the decision being appealed; the harm suffered or anticipated by the appellant, and
the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice
of Appeal.
B. The Notice of Appeal shall be distributed by the Department to the body
designated to hear the appeal and to parties of record pursuant to TMC 18.112.020(A).
CHAPTER 6 - MISCELLANEOUS
Section 601 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
26
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ORDINANCE REGARDING CONCURRENCY AND STANDARDS
Statement of Purpose 2
CHAPTER 1- STANDARDS FOR APPROVAL OF PERMITS 2
Section 18.57.010 Determination of Consistency with Adopted Plans and Regulations - Type 1
and 2 Decisions 2
Section 18.57.020 Determination of Consistency with Adopted Plans and Regulations - Appeals
of Type 2 Decisions 2
Section 18.57.030 Determination of Consistency with Adopted Plans and Regulations - Type 3,
4 and 5 Decisions 3
Section 18.57.040 Additional Findings - Reclassifications and Shoreline Redesignations 3
Section 18.57.050 Additional Findings - Preliminary Plats 4
CHAPTER 2 - UTILITY CONCURRENCY STANDARDS. 4
Section 14.36.010 Water Supply - Concurrency Determination 4
Section 14.36.020 Sewer System - Concurrency Determination 5
Section 14.36.030 Mitigation 5
CHAPTER 3 - TRAFFIC CONCURRENCY STANDARDS 6
Section 9.48.010. Determination of Traffic Concurrency Required 6
Section 9.48.020 Exemptions 6
Section 9.48.030 Level of Service Standards 6
Section 9.48.040 Arterial Classification System 8
Section 9.48.050 LOS Standards for Specific Locations 8
Section 9.48.060 Design of Arterial Improvements; Load Limits 9
Section 9.48.070 Traffic Studies & Mitigation 9
Section 9.48.080 Mitigation of Traffic Safety Hazards 11
CHAPTER 4 - ADDITIONAL STANDARDS FOR UNCLASSIFIED USES 11
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Section 18.66.110 Normal upkeep, repairs, and maintenance; replacement of existing structuresll
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Section 18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities 12
Section TMC 18.66.130 Performance Standards for Rendering Plants 12
Section 18.70.100 Conditional and Unclassified Uses 13
CHAPTER 4 - MISCELLANEOUS 13
Section 501 Severability 13
Section 502 Effective date 13
Statement of Purpose
The purpose of this Ordinance is to establish standards for the approval of certain land use
permit applications in the City of Tukwila. This Ordinance also establish standards for
determining whether utility and transportation system improvements necessary to serve new
development in the City of Tukwila will be provided concurrently with the occupancy of such
new development. These standards are consistent with and adopted pursuant to RCW
36.70.070.
CHAPTER 1- STANDARDS FOR APPROVAL OF PERMITS
A new chapter 18.57 is added to TMC Title 18 as follows:
Section 18.120.57 Determination of Consistency with Adopted Plans and Regulations -
Type 1 and 2 Decisions
When the Department issues a decision on a Type 1 or 2 decision, the Department or hearing
body shall determine whether the decision is consistent with, carries out and helps implement
applicable state laws and regulations and the regulations, policies, objectives and goals of the City
of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other
official laws, policies and objectives of the City of Tukwila. The Department is not required to
enter findings of fact or conclusions when issuing Type 1 and 2 decisions, provided that findings
of fact and conclusions are required for Shoreline Substantial Development permits.
Section 18.57.020 Determination of Consistency with Adopted Plans and Regulations -
Appeals of Type 2 Decisions'
When a hearing body renders a decision on an appeal of a Type 2 decision, the hearing body shall
make and enter fmdings of fact and conclusions from the record which support the decision or
recommendation. Such findings and conclusions shall set forth and demonstrate the manner in
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which the decision or recommendation is consistent with, carries out and helps implement
applicable state laws and regulations and the regulations, policies, objectives and goals of the City
of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other
official laws, policies and objectives of the City of Tukwila.
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When a hearing body renders a decision on a Type 3, 4 or 5 decision, and when the Planning
Commission makes a recommendation on a Type 4 decision, the hearing body shall make and w 0
enter findings of fact and conclusions from the record which support the decision or 2
recommendation. Such findings and conclusions shall set forth and demonstrate the manner in
which the decision or recommendation is consistent with, carries out and helps implement = a
applicable state laws and regulations and the regulations, policies, objectives and goals of the City 1 _
of Tukwila Comprehensive Plan, the City of Tukwila's Development Regulations and other z— o.
official laws, policies and objectives of the City of Tukwila. z 1-
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Section 18.57.040 Additional Findings - Reclassifications and Shoreline Redesignations o
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property or for a shoreline environment redesignation, the decision shall include additional —
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findings which support the conclusion that at least one of the following circumstances applies:
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A. The reclassification is for the purpose of achieving consistency with the Z
Comprehensive Plan; or
B. The applicant has demonstrated with substantial evidence that:
1. Since the adoption of the last version of the Comprehensive Plan or
Shoreline Master Program affecting the subject property, authorized public improvements,
permitted private development or other conditions or circumstances affecting the subject
property have undergone substantial and material change not anticipated or contemplated in the
adopted Comprehensive Plan or Shoreline Master Program;
2. The impacts from the changed conditions or circumstances affect the
subject property in a manner and to a degree different than other properties in the vicinity such
that rezoning or redesignation by means of a generalized amendment to the Comprehensive Plan
or Shoreline Master Program is not appropriate; and
3. The requested reclassification or redesignation is required in the public
interest.
Section 18.57.050 Additional Findings - Preliminary Plats
When the City Council makes a decision regarding an application for a proposed preliminary
plat, the decision shall include additional findings as to whether:
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A. Appropriate provisions are made for the public health, safety, and general welfare
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and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit v o v
stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and co o.
school grounds and all other relevant facts, including sidewalks and other planning features that w z
assure safe walking conditions for students walking to and from school; and co u~.
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B. The public use and interest will be served by the platting of such subdivision and g
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C. If the City Council fmds that the proposed subdivision and dedication make such
appropriate provisions and that the public use and interest will be served, then the City Council I-. o'
shall approve the proposed subdivision and dedication. Dedication of land to any public body, 2
provision of public improvements to serve the subdivision, and/or impact fees may be required as 0 N
a condition of subdivision approval. Dedications shall be clearly shown on the final plat. 01-
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A new Chapter 14.36 is added to TMC Title 14 as follows: o
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Section 14.36.010 Water Supply - Concurrency Determination
A. All applicants for Type 1, 2, 3, 4 and 5 decisions involving projects which will
require domestic water supply and or water for fire flow purposes shall obtain a certificate of
water availability from the water purveyor serving the area in which the proposal is located, if
the site is served by a purveyor other than the City of Tukwila. The certificate shall confirm that
the water purveyor has the necessary water rights and the water system capacity, including such
water mains, pump stations and other facilities as may be necessary, to provide domestic water
service and fire flow meeting City standards or that such capacity will be available by the time a
certificate of occupancy is issued or, fire flow is required by the City Fire Marshal to protect
combustible construction, whichever is earlier.
B. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will
require . domestic water supply from the City of Tukwila shall be referred by the Department of
Community Development to the Department of Public Works, which shall determine whether
the City has the necessary water.zjghts and the water system capacity, including such water
mains, pump stations and other facilities as may be necessary, to provide domestic water service
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and fire flow meeting City standards or that such capacity will be available by the time a
certificate of occupancy is issued or fire flow is required by the City Fire Marshal to protect
combustible construction, whichever is earlier. If adequate service is not available, the
Department of Public Works shall determine and shall advise the applicant of the improvements
which are necessary to provide service meeting City standards. z'.
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sanitary sewer service shall comply with one of the following: N a-
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A. Submit proof that the applicant has received approval for an on -site sewage g
system design from the Seattle -King County Department of Environmental Health in accordance N a
with the rules and regulations of the King County Board of Health. .1- _.
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in which the proposal is located, if the site is served by a purveyor other than the City of 2
Tukwila. The certificate shall confirm that the sewer purveyor has the necessary sewer system p D'
capacity, including such sewer mains, pump stations and other facilities as may be necessary, to o E-
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certificate of occupancy is issued. u. p
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C. Applications for Type 1, 2, 3, 4 and 5 decisions involving projects which will P. I
require sanitary sewer service from the City of Tukwila shall be referred by the Department of z
Community Development to the Department of Public Works, which shall determine whether
the City has the necessary sewer system capacity, including such mains, pump stations and
other facilities as may be necessary, to provide sanitary sewer service meeting City standards or
that such capacity will be available by the time a certificate of occupancy is issued. If adequate
service is not available, the Department of Public Works shall determine and shall advise the
applicant of the improvements which are necessary to provide service meeting City standards.
Section 14.36.030 Mitigation
A. If water or sewer service to a project requiring such service from the City of
Tukwila cannot meet City standards with existing facilities, the applicant shall be required to
either:
1. complete the improvements required to provide such level of service; or
2. if the City anticipates that the improvements necessary to construct the
required improvements will be constructed within six years by a public capital facilities project,
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the applicant may pay a mitigation payment equal to the applicant's fair share of the cost of the
improvements necessary to complete the improvements required to provide such level of service;
or
In appropriate cases, mitigation may consist of a combination of improvements constructed by
the applicant and mitigation payments.
B. In the event that the applicant agrees to complete improvements pursuant to
subsection A(1), the applicant shall be entitled to enter into a Latecomer Agreement with the
City.
CHAPTER 3 - TRAFFIC CONCURRENCY STANDARDS
A new Chapter 9.48 is added to TMC Title 9 as follows
Section 9.48.010 Determination of Traffic Concurrency Required
A. No Type 1, 2, 3, 4, or 5 decision which is subject to this chapter shall be
approved unless a determination is made by the appropriate Department that the standards of
this chapter have been met.
B. For Type 1 and 2 decisions, the Department of Community Development shall
refer the application to the Department of Public Works, which shall determine whether the
application complies with City standards regarding traffic concurrency and, if not, what
mitigation is required.
C. For Type 3, 4, and 5 decisions, the Department of Community Development shall
refer the application to the Department of Public Works, which shall determine whether the
application complies with City standards regarding traffic concurrency and, if not, what
mitigation is required. A statement identifying the required mitigation, if any, shall be
incorporated into the staff report required by TMC 18.112.020.
Section 9.48.020 Exemptions
This chapter shall not apply to single family building permits, multi- family building permits for
projects containing four or fewer units, short plats, or any non - residential project that is
categorically exempt from SEPA pursuant to TMC 21.04.080, 100, or 110. The Department
shall also waive compliance with this chapter for other projects which will not generate new
traffic trips.
Section 9.48.030 Level of Service Standards
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A. Level -of- service ( "LOS ") gradations shall be measured with volume to capacity
ratios graded from LOS A to LOS F and measured in average delays at intersections or average
travel speeds on corridors, except as provided in subsection B.
B. Volume (V) to capacity (C) ratios shall be used to quantify LOS for corridors as
follows:
LOS Volume /Capacity
up to 0.6
B 0.6 - 0.7
C 0.7 - 0.8
D 0.8 - 0.9
0.9 - 1.0
greater than 1.0
C. The Department of Public Works may, in its discretion, utilize either a standard
LOS gradation system or, in the case of intersections that are experiencing high congestion, an
expanded LOS gradation system to evaluate. The LOS gradations for intersections, based on
average delays are:
Level of Service Existing Expanded
<7.5 seconds < 7.5 seconds
7.5 -15 seconds 7.5 - 15 seconds
C 15.1 - 25 seconds 15.1 - 25 seconds
25,1 - 40 seconds 25.1 - 40 seconds
40.1 - 60 seconds 40.1 - 60 seconds
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60 - 120 seconds
120 - 180 seconds
180 - 240 seconds
240 - 300 seconds
>300 seconds
Section 9.48.040 Arterial Classification System
A. The Tukwila Functional Arterial Classification System, which is in accord with
required Federal and Washington State arterial standards, is as follows:
Street Classification Principal Use
Access access to abutting property
Collector Arterial between access &minor
Minor Arterial between collector & principal
Principal Arterial between communities
B. The Department of Public Works shall classify all streets in the City in
accordance with the classifications in Subsection A. Such classifications shall be reviewed and
modified as necessary by the Department from time to time.
Section 9.48.050 LOS Standards for Specific Locations
A. A minimum LOS standard of E for traffic capacity shall be maintained, based upon a
calculation of average LOS, for the following arterial segments:
1. E Marginal Way (S. 112th St. to North City Limit)
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2. Interurban (Southcenter Blvd. to I -5)
3. Pacific Highway S. (S. 152nd St. to Boeing Access Rd.)
4. Wet Valley Rd (I -405 to S. 180th St.) w
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B. In the Central Business District ( "CBD ") area, a minimum average LOS level of E shall be co u
maintained. In the CBD, LOS shall be determined by using the "link" averages for the 17 w 0
segments defined in the Transportation Element of the Comprehensive Plan. For purposes of g
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C. A minimum LOS•standard of E for traffic capacity shall be maintained, based upon a z
calculation of LOS for individual intersections and corridor segments for all other minor, collector z to
and principal arterials principally serving commercially zoned property.
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D. A minimum LOS standard of D for traffic capacity shall be maintained, based upon a 101—
calculation of LOS for individual intersections and corridor segments for all minor and collector =
arterials in predominantly residential areas, provided that for the following arterials, LOS shall be
calculated based on the average LOS for the arterial: 42nd Ave. S., S. 160th St., S. 164th St., — z
Macadam, S. 124th St., S. 130th St., S. 132nd St., S. 144th St., 53rd Ave. S., and 65th Ave. S. o
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E. Access streets which exceed 1,000 vehicles per day volume will be evaluated on a case by
case basis to determine whether traffic improvements or control measures are required to reduce
volumes and provide adequate safety.
Section 9.48.060 Design of Arterial Improvements; Load Limits
A. Arterial improvements in commercial areas shall be designed to include trucking
geometric and loading parameters.
B. Trucking will be allowed on all arterials as well as commercial area access streets
unless restricted by load limits. Load limits may be used as restrictions following a traffic study.
Section 9.48.070 Traffic Studies & Mitigation
A. Any proposed project which requires a Type 1, 2, 3, 4 or 5 decision and which
will generate more than five (5) or more added vehicles in any one hour period as a direct impact
of the development shall submit,ias part of the application process, a trip generation analysis
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using standard generation rates published by the Institute of Transportation Engineers, other
standard references, or from other documented information and surveys approved by the
Department of Public Works. In addition, such projects shall submit a trip distribution study,
unless the requirement for such study is waived by the Department of Public Works.
B. If the trip generation and distribution studies demonstrate that the proposed
project will generate five (5) or more additional peak hour traffic trips at an intersection or
corridor which will be below the Level of Service standards established in TMC 9.48.050 within
six (6) years after the project is completed, the applicant shall submit an impact mitigation study
identifying the improvements needed to achieve the minimum level of service specified in TMC
9.48.050 and the applicant's share of the traffic volume at the locations where improvements are
required.
C. If a project generates five (5) or more additional peak hour traffic trips at an
intersection or corridor which will be below the Level of Service standards established in TMC
9.48.050 within six (6) years after the project is completed, the Director the Department of
Public Works shall require, as appropriate to the particular circumstances, one of the following
methods for mitigation of the project's traffic impacts:
1. Require the applicant to pay a mitigation payment equal to the applicant's
proportionate fair share of the cost of the improvements necessary to restore the intersection or
corridor to (1) the level of service that would exist at the time the project is completed, but
without project traffic, or (2) the level of service standard established in TMC 9.48.050; or
2. Require the applicant to complete the improvements required to restore
the intersection or corridor to (1) the level of service that would exist at the time the project is
completed, but without project traffic, or (2) the level of service standard established in TMC
9.48.050; or
3. In appropriate cases, mitigation may consist of a combination of
improvements constructed by the applicant and mitigation payments.
If the proposed project does not generate five (5) or more additional peak hour traffic trips at an
intersection or corridor will be below the Level of Service standards established in TMC 9.48.050
within six (6) years after the project is completed, no mitigation under this section will be
required.
D. A project applicant shall have the right to mitigate all or a portion of the capacity
impacts of a project by utilizing capacity mitigation measures, including but not limited to,
carpooling and rideshare programs, widenings (roadway, lane, radius), signal improvements, and
other capacity improvements. In the event that mitigation measures such as carpooling and
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rideshare programs are proposed, the applicant shall execute such agreements with the City as are
necessary to assure the permanent availability of such programs.
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E. In the event that the applicant completes improvements which are part of the z
Circulation System adopted in the Comprehensive Plan and the cost of such improvements Ce 2.
exceeds the applicant's proportionate fair share of the cost of such improvements, the applicant 6 m
shall be entitled to enter into a Latecomer Agreement with the City. o o
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Section 9.48.080 Mitigation of Traffic Safety Hazards _1 1-
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A. If the Department of Public Works determines that a hazard to safety could
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construct the improvements necessary to mitigate the traffic safety hazard regardless of whether z w
the roadway corridor or intersection meets the capacity standards of this chapter. z 1
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B. If the Department of Public Works determines that there is an existing hazard to
safety affecting a traffic corridor or intersection which will be impacted by traffic from a v 0
proposed project and that the improvements necessary to resolve the safety hazard are not a a l
funded project in the Capital Improvement Program and are not already funded for correction w w
from other sources, the applicant shall have the option of (1) constructing the improvements 1- I:
necessary to mitigate the traffic safety hazard, subject to the right to enter into a Latecomer . z
Agreement regarding such project, or (2) postponing the project until such time as a project to v ('.
correct the safety hazard has been fully funded. o �-;
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CHAPTER 4 - ADDITIONAL STANDARDS FOR UNCLASSIFIED USES
A new section TMC 18.66.110 is added to TMC ch. 18.66 as follows:
Section 18.66.110 Normal upkeep, repairs, and maintenance; replacement of existing
structures
Normal upkeep, repairs, maintenance, strengthening, or restoration to a safe condition of any
building or structure being used as part of an unclassified use shall not require a new or revised
unclassified use permit. The replacement of existing structures with either new structures of
equivalent size and/or capacity, or with new structures which do not change the use and do not
constitute an expansion or enlargement as described below, shall not require a new or revised
unclassified use permit; provided that, in any event, any structure that is non - conforming by
reason of its height, bulk, or setbacks shall not be re- constructed in a manner which increases the
extent of the nonconformity. Nothing in this section shall modify applicable requirements that
such construction work may require a building permit or other construction permits pursuant to
TMC ch. 16 (construction codes)
A new section 18.66.120 is added to TMC ch. 18.66 as follows:
Section 18.66.120 Expansion of Existing Unclassified Use - Animal Rendering Facilities
In addition to the structures permitted pursuant to TMC 18.66.110, existing animal rendering
facilities shall be allowed to construct new facilities to update and/or modernize such use without
needing to obtain a new or revised unclassified use permit if such construction involves an
intensification.of the permitted existing facility. For purposes of this section, "facilities" shall
refer to all structures, including tanks, processing equipment, buildings and other improvements
used in the rendering operation, and "intensification" shall mean new construction shall meet all
of the requirements below. Any proposed new construction which fails to meet one or more of
the requirements of intensification shall be considered an enlargement or expansion, and shall
require an application for a new or revised unclassified use permit for the facilities which
constitute the enlargement or expansion:
A. The construction of new facilities shall be considered an intensification and may
be permitted without the need to obtain an Unclassified Use Permit (UUP) if:
1. The total area of the site is not increased.
2. The construction of new facilities does not generate more than ten new
vehicle trips at peak hour, as determined pursuant to TMC ch. 9.48, related to traffic
concurrency.
3. No new facilities are located in the River Environment or Low Impact
portion of the Shoreline.
4. The new facilities will comply with the performance standards set forth in
TMC 18.66.130.
5. The construction of new manufacturing facilities does not result in more
than a 5% cumulative increase in the manufacturing capacity of the processing facility.
6. The construction will not increase the extent of any nonconformity of any
structure by reason of its height, bulk or setbacks.
B. Any proposed new facility which does not meet criteria Al through A6, above,
shall be considered an enlargement or expansion, and shall comply with the provisions of TMC
Ch. 18.66, Unclassified Use Permits.
C. Whether or not a proposed new facility is considered an intensification or
an expansion/enlargement, all other applicable codes such as construction codes, SEPA,
etc., shall continue to apply.
A new section TMC 18.66.130 is added to TMC ch. 18.66 as follows:
Section TMC 18.66.130 Performance Standards for Rendering Plants
The following performance standards shall apply to rendering plants, in addition to the
performance standards for the applicable zoning district.:
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A. Any new facilities constructed at a rendering plant which will be used for storage
or transmission of liquid or semi - liquid products will be protected by containment facilities
capable of preventing the release of any product into surface or ground waters in the event of a
spill or breakage. If more than one storage or transmission facility is protected by a containment
facility, such containment facility shall be of sufficient size to contain a spill of the largest storage
or transmission facility so protected.
B. Any new facilities will utilize the best feasible odor abatement control equipment
and shall be designed, constructed and operated so that the new facilities will not increase the risk
of odor emissions from the site.
C. The facility, including both existing and new facilities, shall comply with
applicable air pollution control requirements of the Puget Sound Air Pollution Control Agency,
including both procedural and substantive standards.
D. A copy of the current Spill Prevention Control and Countermeasure Plan (SPCCP)
for the new facilities required by the Puget Sound Air Pollution Control Agency shall be on file
with the DCD.
TMC 18.70.100 and Ordinance 1758, §1(part) are amended as follows:
Section 18.70.100 Conditional and Unclassified Uses
A legal use does not become nonconforming because the zone in which it is located is changed to
a zone which.requires a conditional or unclassified use permit for the use, or because the use is
changed from an allowed use to a conditional or unclassified use within the same zone; provided,
however, the use may not be allowed or buildings may not be enlarged without first obtaining a
conditional or unclassified use permit if required pursuant to requirements of TMC ch. 18.64 or
TMC ch. 18.66. the - _ - • _ . - _ .. _ -. • •
CHAPTER 5 - MISCELLANEOUS
Section 501 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
Section 502 Effective date
This ordinance shall apply to all land use permit applications filed on and after April 1, 1996,
except applications for road vacations, landmark designations, and approvals related to the use of
public areas or facilities.
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AMENDMENTS TO EXISTING ORDINANCES
Statement of Purpose 4
Section 1 City Council Agenda - Format (TMC 2.04.150) 4
Section 2 Powers and Duties of Board of Adjustment - Designated (TMC 2.76.070) 7
Section 3 Board of Adjustment Action Final (TMC 2.76.080) 8
Section 4 Definitions (TMC 14.04.010) 8
Section 5 Application to Connect Required (TMC 14.04.020) 9
Section 6 Contents of Application (TMC 14.04.030) 9
Section 7 Obtaining Permit To Install Side Sewer (TMC 14.12.070)
Section 8 Issuance of Temporary Permit (TMC 14.12.080) 10
Section 9 Permit To Construct, Extend or Repair Sanitary Sewer Inside Property (TMC
14.12.090) 10
Section 10 Additional Work Permit (TMC 14.12.100) 10
Section 11 The Flood Control Zone Permit Process - General Provisions (TMC 16.52.050) 11
Section 12 Permits - Authority (TMC 16.54.090) 15
Section 13 Permits - Application (TMC 16.54.100) 16
Section 14 Permit - Issuance (TMC 16.54.120) 16
Section 15 Variances (TMC 16.54.290) 17
Section 16 Administering Authority (TMC 17.04.060) 18
Section 17 Review Procedures (TMC 17.08.060) 18
Section 18 Preliminary Plat Procedures (TMC 17.12.030) 19
Section 19 Final Plat Procedures (TMC 17.12.040) • 23
Section 20 Application Requirements (TMC 17.16.030) 28
Section 21 Appeal Procedure (TMC 17.16.090) • 29
Section 22 Exceptions (TMC 17.32.010) 29
Section 23 Rules of Interpretation (TMC 18.08.040) 30
Section 24 Appeals (TMC 18.44.170) 31
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Section 25 Exceptions (TMC 18.45.115) 31
Section 26 Appeals (TMC 18.45.125) 33
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Section 27 Multi- Family Density Standards (TMC 18.46.070) 33 _
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Section 28 Pre - application Procedure (TMC 18.46.100) 34 ce 2
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Section 31 Expiration of Time Limits (TMC 18.46.140) 36 W O}:
Section 32 Permit Processing and Duration (TMC 18.54.150) 36 LQ
Section 33 Loading space requirements (TMC 18.56.060) 37 N d
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Section 34 Cooperative Parking Facility (TMC 18.56.070) 38 Z ='
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Section 36 Application - Requirements and Fees (TMC 18.64.030) 39 v tn
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Section 39 Expiration and Renewal (TMC 18.64.060) 40 lit Z;
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Section 40 Performance Bond or Other Security (TMC 18.64.080) 40 �''
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Section 41 Application Requirements (TMC 18.64.090) 40
Section 42 Notice and Hearing Requirements (TMC 18.66.050) 41
Section 43 Criteria (TMC 18.66.060) 41
Section 44 Expiration and Renewal (TMC 18.66.070) 42
Section 45 Revocation of Permit (TMC 18.66.080) 42
Section 46 Resubmittal of Application (TMC 18.66.100) 43
Section 47 Application Requirements (TMC 18.72.040) 43
Section 48 Application - Hearing and Notice (TMC 18.72.050) 43
Section 49 Application - Board Decision (TMC 18.72.060) 43
Section 50 Appeal (TMC 18.72.080) 43
Section 51 Application (TMC 18.80.010) 44
Section 52 Documents to be Submitted with Application (TMC 18.80.015) 44
2
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Section 53 Docket (TMC 18.80.020) 45
Section 54 Submission to City Council (TMC 18.84.010) 46
Section 55 Submission to City Council - Action (TMC 18.84.020) 46
Section 56 Criteria for Granting Zoning Map Reclassifications (TMC 18.84.030) 46
Section 57 Petition for Decision Review (TMC 18.84.040) 47
Section 58 Final Action (TMC 18.84.050) 47
Section 59 Application Fees (TMC 18.88.010) 47
Section 60 Appeals from Decisions or Interpretations of the Director (TMC 18.90.010) 48
Section 61 Appeals from Decisions of the Planning Commission (TMC 18.90.020) 49
Section 62 Appeals from Decisions of the Board of Adjustment (TMC 18.90.030) 49
Section 63 Publication (TMC 18.92.010) 49
Section 64 Notice to Property Owners (TMC 18.92.020) 49
Section 65 Special Permission Sign (TMC 19.08.215) 50
Section 66 Required (TMC 19.12.010) 50
Section 67 Application Procedure (TMC 19.12.020) 50
Section 68 Applications - Rejection - Appeal (TMC 19.12.040) 50
Section 69 Fees - Public Hearings (TMC 19.12.100) 51
Section 70 Designated (TMC 19.28.010) 51
Section 71 Shared directional signs (TMC 19.32.020) 52
Section 72 Home occupation — Church, approved conditional use and public facility signs
(TMC 19.32.080) 52
Section 73 Where signs will face other multiple - family, commercial or industrial zones (TMC
19.32.100) 53
Section 74 Where signs will face or abut single family zones (TMC 19.32.120) 54
Section 75 Where signs will face or abut multiple - family zones or public facilities (TMC
19.32.130) 54
Section 76 Commercial zones where signs will face or abut other commercial or industrial zones,
except as provided in Section 19.32.150 through Section 19.32.190 inclusive (TMC 19.32.140). 55
Section 77 Building identification signs — Displays (TMC 19.32.150) 57
Section 78 Permitted signs — Heighband area allowance (TMC 19.32.180) 58
3
Section 79 Definitions - Additional (TMC 21.04.040)
Section 80 Categorical Exemptions and Threshold Determinations - Time Estimates (TMC
21.04.090)
Section 81 EIS - Time for Preparation (TMC 21.04.185)
Section 82 Public Notice - Procedure (TMC 21.04.210)
Section 83 Appeals (TMC 21.04.280)
Section 84 Severability
Section 85 Effective date
Statement of Purpose
58
58
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This Ordinance is a companion ordinance to a substantive ordinance which establishes standard
procedures for land use permit applications, public notice, hearings and appeals in the City of
Tukwila. This ordinance makes technical corrections to existing ordinances to assure consistency
with the newly adopted standard permit procedures. These procedures are consistent with and
are adopted pursuant to chapter 347, laws of 1995.
Section 1 City Council Agenda - Format (TMC 2.04.150)
TMC 2.04.150 and Ordinance 1311, §8(part), as amended by Ordinance 1345, §1 and Ordinance
1421, §5 are hereby amended as follows:
The format of the City Council agenda shall be as follows:
Call to Order.
Pledge of Allegiance.
Roll Call.
Special presentations on key agenda items.
Appointments and proclamations of the Mayor.
Citizen's comments. To give audience a chance to comment on items not listed on
the agenda.
(7) Consent Agenda.
(A) Contains all consent agenda items approved by the Council president or
forwarded by unanimous committee action, and routine items such as, but not limited to:
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(i) Approval of minutes.
(ii) Approval of vouchers.
(B) The following rules shall apply to the consent agenda:
(i) Any member of the City Council may, by request, have an item
removed from the consent agenda. That item will be forwarded under new business for
further discussion.
(8)
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(ii) The remaining items shall be approved by motion.
Bid Awards. All competitive bid awards that require Council approval.
Public Hearings.
(A) For public hearings required by City, State, or federal law or as Council
may direct, it shall include, but not be limited to:
(i) LID
(ii) Zoning
(iii) Budget
(iv) Revenue sharing
(v) Annexation
(B) The following procedures shall apply to public hearings, except public
hearings subject to TMC chapters 18.104 to 18.116, which shall be subject to the
procedures specified therein:
(i) The presiding officer may exercise a change in the procedures, but
said decision may be overruled by a majority vote of the City Council.
(ii) The proponent spokesman shall speak first and be allowed 15
minutes. Council may ask questions.
(iii) The opponent spokesman shall be allowed 15 minutes for
presentation and Council may ask questions.
(iv) Each side shall then be allowed five minutes for rebuttal.
(v) After the proponents and opponents have used their speaking
time, Council may ask further questions of the speakers, who may respond.
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(C) At public hearings where a general audience is in attendance to present
arguments for or against a public issue:
(i) A person may speak for five minutes. No one may speak for a
second time until everyone wishing to speak has had an opportunity to speak.
(ii) After the speaker has used the allotted time, Council may ask
questions of the speaker and the speaker may respond, but may not engage in further
debate.
(iii) The hearing will then be closed to public participation and open for
Councilmanic discussion.
(10) Old Business. This section of the agenda shall include items of a general nature,
including resolutions and ordinances previously discussed at a Council meeting. The
following procedures shall apply during this section of the agenda:
(A) The sponsor or a designated spokesman of each item will give a
presentation.
(B) The Council may then question the sponsor or designated spokesman of
the presented item.
(C) A motion at this time will be in order:
(i) If a resolution or ordinance, the City Attorney or chairman may
read the item by title only, or if requested by any Councilmember, the document may be
read in its entirety. A motion by Council shall rule.
(ii) The Council, by motion, will dispense with the resolution or
ordinance.
(iii) All other items will be dispensed with by Council motion.
(11) New Business. This section of the agenda shall include all items of a general
nature, including resolutions and ordinances previously discussed at a committee meeting
and put forward to the regular meeting and items that have been removed from the
consent agenda. The procedures that apply during this section shall be the same as those
under old business.
(12) Reports. Reports on special interest items from the Mayor, City Council, staff,
City Attorney and intergovernmental representatives.
(13) Miscellaneous.
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(14) Adjournment. Council meetings shall adjourn no later than 11:00 p.m. If Council
desires to extend the meeting, a motion shall be required of a majority plus one vote of
Councilmembers present. Items not acted upon by the 11:00 p.m. deadline shall be
deferred to the next respective Council meeting as old business unless Council, by a
majority vote of members present, determines otherwise.
Section 2 Powers and Duties of Board of Adjustment - Designated (TMC 2.76.070)
TMC 2.76.070 and Ordinance 871, §1, as amended by Ordinance 1593, §5 and Ordinance 1738,
§2 is hereby amended as follows:
The Board of Adjustment shall have the following powers and duties:
(1) Appeals: To conduct public hearings, issue decisions and hear and decide appeals
as specified in
the Zoning
Ordinance (Title 18 of this Code) or other land use regulatory ordinances as the City may
adopt.
applied and
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Section 3 Board of Adjustment Action Final (TMC 2.76.080)
TMC 2.76.080 and Ordinance 871, §2 is hereby repealed:
Section 4 Definitions (TMC 14.04.010)
TMC 14.04.010 and Ordinance 264§1 are hereby amended as follows:
"Department" "Supervisor'; wherever used in this chapter, means the Department of Public
Works.
Any references
to City supervisor in this Title shall be deemed to refer to the Department. "Person, " wherever
used in this chapter, means and incl ides natural persons of either sex, associations, partnerships
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and corporations, whether acting by themselves or by a servant, agent or employee; the singular
number includes the plural and the masculine pronoun includes the feminine.
Section 5 Application to Connect Required (TMC 14.04.020)
TMC 14.04.020 and Ordinance. 264 §2 are amended as follows:
Any person desiring to be connected with the City water supply system shall make application
therefor to the Department.
Section 6 Contents of Application (TMC 14.04.030)
TMC 14.04.030 and Ordinance 264, §3 are amended as follows:
In addition to the requirements for an application specified in TMC 18.104.060, an application for a
water service connection - :. - - - _ . e e shall contain a contract
on the part of the person making the same, to pay for the water applied for at the rate and in the
manner specified in such contract, and shall reserve to the City the right to charge and to collect the
rates and enforce the penalties provided for in this chapter, in the manner herein provided, to change
the rates at any time by ordinance, to temporarily discontinue the service at any time without notice
to the consumer, and shall specify that said contract is subject to all the provisions of this chapter
and of any ordinance of the City relating to the subject hereafter passed, and shall provide that the
City shall not be held responsible for any damage by water or other cause resulting from defective
plumbing or appliances in the property supplied with water, installed by the owner or occupant of
said property, and shall provide that in case the supply of water shall be interrupted or fail by any
reason, the City shall not be held liable for damages for such interruption or failure, nor shall such
interruptions or failures for any reasonable period of time be held to constitute a breach of contract
on the part of the City or in any way relieve the consumer from performing the obligations of his
contract.
Section 7 Obtaining Permit To Install Side Sewer (TMC 14.12.070)
TMC 14.12.070 and Ordinance 342, §5 as amended by Ordinance 578 (part) are amended as
follows:
In order to obtain the permit provided for in Section 14.12.060, the owner shall file an
application therefor with the Department pursuant to TMC 18.104.060, b
together with plans and specifications showing the whole course
of the drain from the public sanitary sewer to its connection with the building or premises, and all
branches, traps and fixtures to be connected therewith, which plans and specifications shall be
submitted to the Department for approval, and he may change or modify the
same and designate the manner in•which the connecting sanitary sewers shall be connected with
9
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the building, the place where such connections with the public sanitary sewer shall be made, and
specify the material, size and grade of the connecting sanitary sewer, and shall endorse his
approval on such plans and specifications as originally prepared or as modified and changed. The
owner shall further provide an expressed written consent to the Department City supervi3 . to
enter upon such premises for the purposes of inspection as hereinafter provided. Upon approval
of the plans and specifications, the Department City supervisor shall issue a permit to the owner
to construct that portion of sanitary side sewer within the owner's property, and shall also issue
a work order to the street department to install sanitary side sewer from sanitary sewer main to
property line; and it is unlawful for any person to alter the approved plans and specifications or
to do any other work than is provided for in the permit, or to repair, extend, remove or connect
to any private sanitary sewer without first obtaining a permit as provided in this chapter.
Section 8 Issuance of Temporary Permit (TMC 14.12.080)
TMC 14.12.080 and Ordinance 342, §6 are amended as follows:
In the discretion of the Department, City supervisor, a temporary permit may be issued
permitting connection to a public sanitary sewer, sanitary sewer outfall, or sanitary side sewer.
The temporary permit shall be revocable upon 60 days' notice posted on the premises directed
to the owner or occupant of the premises, and in the event that the private sanitary sewers are
not disconnected at the expiration of the notice, the Department of Public Works
may disconnect the same and collect the cost of the disconnection from the owner or occupant of
the premises by suit in any court of competent jurisdiction. Any such temporary permit shall be
granted only on the condition that the permittee will save the City harmless from any damage by
reason of the issuance or revocation of the temporary permit.
Section 9 Permit to Construct, Extend or Repair Sanitary Sewer Inside Property (TMC
14.12.090)
TMC 14.12.090 and Ordinance 342, §7 are amended as follows:
(a) It is unlawful for any person to construct, extend, relay, repair or make connections to a
private or lateral sanitary sewer within the property line, without obtaining a permit therefor as
provided in this chapter and filing a scale drawing showing the location thereof, as provided in
Section 14.12.050.
(b) The Department may issue the permit to the owner or occupant of any
property to construct, extend, relay, repair or make connections to a lateral or private sanitary
sewer inside of property line; provided that such owner or occupant shall comply with the
applicable provisions of this chapter.
Section 10 Additional Work Permit (TMC 14.12.100)
TMC 14.12.100 and Ordinance 3424 §8 are amended as follows:
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TMC 16.52.050 and Ordinance 1462, §2(part) as amended by Ordinance 1499, §9 are amended as -I 0:
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(iv) All new construction and substantial improvements shall be
designed to minimize or eliminate infiltration of floodwaters into the system.
(B) Utilities —
(i) All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
(ii) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems
into floodwaters; and
(iii) On -site waste disposal systems shall be located to avoid
impairment to them or contamination from them during flooding.
(C) Subdivision Proposals —
(i) All subdivision proposals shall be consistent with the need to
minimize flood damage;
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11
(ii) All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical, and water systems located and constructed to minimize flood
damage;
(iii) All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage; and
(iv) Where base flood elevation data has not been provided or is not
available from another authoritative source, it shall be generated for all subdivision proposals.
(D) Review of Building Permits — Where elevation data is not available either through
the flood insurance study or from another authoritative source, applications for building permits
shall be reviewed to assure that proposed construction will be reasonably safe from flooding.
The test of reasonableness is a local judgment and includes use of historical data, high -water
marks, photographs of past flooding, etc., where available. Failure to elevate to at least two feet
above grade in these zones may result in higher insurance rates.
(E) Anchoring —
(i) All new construction and substantial improvements shall be anchored to
prevent flotation, collapse, or lateral movement of the structure.
(ii) All manufactured homes must.likewise be anchored to prevent flotation,
collapse or lateral movement and shall be installed using methods and practices that minimize
flood damage. Anchoring methods may include, but are not limited to, use of over - the -top or
frame ties to ground anchors (Reference FEMA's "Manufactured Home Installation in Floor
Hazard Areas" guidebook for additional techniques).
(2) In addition to the general standards applicable to all areas under subsection (a) (1) of
this section, in all areas adjacent to the Green River the following standards are required:
(A) Construction/Reconstruction of Dikes/Levees — As part of the floodproofing for
developments adjacent to the Green River through Tukwila, construction or reconstruction of the
dike/levee system, in accordance with dike/levee plans and engineering studies, and in accordance
with the Green River Management Agreement (AG No. 85 -043), will be required as part of the
plan submittal. If dike/levee improvements are not required, and the natural riverbank is allowed
as bank protection, then a river bank stabilization analysis shall be provided to the Public Works
Department for review as part of the plan submittal.
(B) Dedication of levee /dike /riverbank access construction and maintenance easements
on all properties adjacent to the Green River shall, as part of their development, dedicate
construction and maintenance easements for access and maintenance of existing or future
dikes /levees /riverbanks along the Green River as part of their plan submittal. These easements
shall be provided in such a manner so that immediate access is allowed from other public rights -
of -way for maintenance and construction of dikes /levees.
12
(b) SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation
data has been provided as set forth in Sections 16.52.050 or 16.52.070, the following provisions
are required: Z
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(2) Nonresidential Construction — New construction and substantial improvement of 1
any commercial, industrial or other nonresidential structure shall either have the lowest floor,. z
including basement, elevated to a minimum of one foot above the level of the base flood elevation;
or, together with attendant utility and sanitary facilities, shall:
(B) Fully enclosed areas below the lowest floor that are subject to flooding are
(A) Be floodproofed so that the structure is watertight one foot above the base flood
level, with walls substantially impermeable to the passage of water;
(B) Have structural components capable of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy;
(C) Be certified by a registered professional engineer or licensed architect that the
design and methods of construction are in accordance with accepted standards of practice for
meeting provisions of this subsection based on their development and/or review of the structural
design, specifications and plans. Such certification shall be provided to the official as set forth in
Section 16.52.050 (i) (5)(C) (ii);
(D) Nonresidential structures that are elevated, not floodproofed, must meet the same
standards for space below the lowest floor as described in subsection (b) (1) (B) of this section;
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(E) Applicants floodproofing nonresidential buildings shall be notified that flood
insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a
building constructed to the base flood level will be rated as one foot below that level).
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(3) Critical Facility — Construction of new critical facilities shall be, to the extent
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possible, located outside the limits of the base floodplain. Construction of new critical facilities 6 v
shall be permissible within the base floodplain if no feasible alternative site is available. Critical 0
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facilities constructed within the base floodplain shall have the lowest floor elevated to three feet ' co w
or more above the level of the base flood elevation at the site. Floodproofing and sealing t=-:
measures must be taken to ensure that toxic substances will not be displaced by or released into w 0!
flood waters. Access routes elevated to or above the level of the base floodplain shall be 2
provided to all critical facilities to the extent possible. u_
(4) Manufactured Homes — For land use conditions where new manufactured homes F w
(mobile homes shall be considered as one classification of manufactured homes) are allowed ? 1
within the City or for replacement/rehabilitation purposes, the following shall apply: All z 0
manufactured homes to be placed or substantially improved within zones A1-30, AH and AE on g w.
the community's FIRM shall be elevated on a permanent foundation such that the lowest floor of v N
the manufactured home is one foot or more above the base flood elevation; and be securely o ~,
anchored to an adequately anchored foundation system in accordance with the provisions of i w'
subsection (a) (1) (E) (ii) of this section. This paragraph applies to manufactured homes to be F--
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placed or substantially improved in an expansion to an existing manufactured home park or ! z
subdivision. This paragraph does not apply to manufactured homes to be placed or substantially v co
improved in an existing manufactured home park or subdivision, except where the repair, 01
reconstruction, or improvement of the streets, utilities and pad equals or exceeds 50% of the Z
value of the streets, utilities and pads before the repair, reconstruction or improvement has
commenced.
(c) FLOODWAYS.
(1) Located within areas of special flood hazard established in Section 16.52.050 are areas
designated as floodways. Since the floodway is an extremely hazardous area due to the velocity
of floodwaters which carry debris, potential projectiles and erosion potential, the following
provisions apply:
(A) Prohibit encroachment, including fill, new construction, substantial improvements
and other developments, unless certification by a registered professional engineer or licensed
architect is provided demonstrating that encroachments shall not result in any increase in flood
levels during the occurrence of the base flood discharge;
(B) If subsection (c)(1)(A) of this section is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard reduction provisions of
this section.
14
(2) Construction or reconstruction of residential structures is prohibited within
designated floodways, except for:
(A) Repairs, reconstruction, or improvements to a structure which do not increase the = F'
ground floor area; and w
(B) Repairs, reconstruction or improvements to a structure the cost of which does not v o
exceed 50% of the market value of the structure either: N 0
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(ii) If the structure has been damaged, and is being restored, before the damage
occurred. Work done on structures to comply with existing health, sanitary, or safety codes or to
structures identified as historic places shall not be included in the 50% determination. a
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(1) The cumulative effect of any proposed development, when combined with all other uj .
existing and anticipated development, shall not increase the water surface elevation of the base v
flood more than 2 /10ths of a foot at any point along the river course. o I_
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(2) Flood Control Zone Permits and Licenses — Approvals. A flood control zone �;
permit application shall be filed for all developments at the time of filing the building permit z
and/or shoreline permit, whichever is first. Such permit shall be a Type 1 permit processed v °.
pursuant to TMC 18.108.010. No permit or license for structures or the development or use of I
land shall be issued by the City within a flood hazard area unless a flood control zone permit has z
been issued by the City. Such approval shall be based on a review of the provisions set forth in
this chapter and the technical findings and recommendations of the appropriate City
departments. Compliance with the provisions of this chapter does not obviate the need to obtain
other permits which may be required pursuant to State or federal law including approvals
required from the Washington State Department of Social and Health Services and/or Ecology
relating to water and/or sewer systems which ensure that water and sewer systems will be
designed to avoid infiltration, inflow or impairment.
(3) The Director or designee shall, within the time periods required by TMC
18.104.130, a reasonable time, after other required agency reviews are completed, indicate
approval or disapproval of the requested flood control zone permit, with copies to appropriate
agencies, including DOE.
(4) Whenever any alteration or relocation of any watercourse is proposed, the
Department of Public Works shall notify adjacent communities prior to such relocation or
alteration and submit such notifications to the Federal Emergency Management Agency.
Section 12 Permits - Authority STMC 16.54.090)
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TMC 16.54.090 and Ordinance 1591, §2.3 are amended as follows:
Applications for permits pursuant to this chapter shall be submitted to the Department of Public
Works and shall be processed as a Type 1 permit pursuant to TMC 18.108.010. The Director of
The Director of the Public Works Department shall have the
authority to adopt regulations and procedures to carry out the intent of this chapter.
Section 13 Permits - Application (TMC 16.54.100)
TMC 16.54.100 and Ordinance 1591, § 2.4 are amended as follows:
The application for a land- altering permit shall be submitted on a form prescribed by the Director
of the Department of Public Works and shall include. in addition to the information required by
TMC 18.104.060, the following:
Site map and land - altering plan;
Interim erosion and sediment control plan;
Final erosion and sediment control plan;
Maintenance schedules and agreements;
(5) Maintenance responsibility;
(6) Work schedule and construction cost estimates for each element in the required
plans;
(7) Soils engineering report;
(8) Environmental checklist;
f_81{-9-} Performance bond or other acceptable security;
(10) Any supplemental materials or conditions required by the Public Works Director.
Section 14 Permit - Issuance (TMC 16.54.120)
TMC 16.54.120 and Ordinance 1591, §2.6 are amended as follows:
(a) Permits are not transferable without the approval of the Public Works Director.
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(b) A permit shall not be issued for land - altering activities associated with building or
development that is not consistent with the guidelines set out in the Comprehensive Land Use
Plan and Shoreline Master Program (on file in the Department of Community Development), or
not allowed by existing zoning, building, special exception, variance, or other codes or regulations
applicable to the site. However, if a developer elects to apply for and obtain a land - altering
permit prior to obtaining a building permit and/or completing all land use review and approval
processes, and they achieve compliance with such approvals through the land - altering plan prior
to issuance of the land - altering permit, the developer shall assume full liability for land - altering
activities conducted pursuant to the land - altering permit and shall save and hold harmless the
City from any claims for damages or other judgments in law or in equity arising out of later
findings regarding the placement of fill materials or the inability to utilize the site as prepared
through grade and fill operations.
(c) The Public Works Director may waive the requirement for any or all plans or
specifications upon finding that the information on the application is sufficient to demonstrate
that the proposed work will conform to the requirements of this chapter and other laws and
ordinances; provided, that a waiver of the requirement for detailed plans and specifications shall
not be construed as waiving any other requirements of this or related regulations, andthe
applicant remains bound by all conditions of the application.
(d) Permit processing/timing
(1)
Within 10 days of receipt of an application for permit or waiver (including required
(2)
If the requirements of this chapter are met, the Public Works Director shall approve
(3)
If the requirements are not met, the Public Works Director shall inform the
resubmittal,
Section 15 Variances (TMC 16.54.290)
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TMC 16.54.290 and Ordinance 1591, §6.4 are amended as follows:
The City may grant a written variance from any requirements of this chapter if there are
exceptional circumstances applicable to the site such that strict adherence to these provisions will
result in unnecessary hardship and not fulfill the intent of this chapter. A written request stating
the specific variances sought and the reasons supporting the approval of such variances shall be
provided to the Department of Public Works. Variance application shall be processed as Type 3
decisions and processed pursuant to TMC 18.108.030.
Section 16 Administering Authority (TMC 17.04.060)
TMC 17.04.060 and Ordinance 1014(part) are amended as follows:
(a) Department of Community Development Planning Division of OCD: The Planning
Division-of-the Department Office of Community Development is responsible for the
administration and coordination of this title.
City Council.
b� (e) City Council: The Tukwila City Council shall have sole authority to approve all
preliminary and final plats.
(d) Short Subdivision Committee: The Short Subdivision Committee shall have sole authority
to approve all short plats and boundary line adjustments. Short plats and boundary line
adjustments shall be processed as Type 2 decisions pursuant to TMC 18.108.020.
Section 17 Review Procedures (TMC 17.08.060)
TMC 17.08.060 and Ordinance 1014(part) as amended by Ordinance 1599, §6(3) are amended as
follows:
(a) REFERRAL TO OTHER DEPARTMENTS: Upon receipt of an application for a short
subdivision or boundary line adjustment, the Planning Divisio of the Department of Community
Development shall transmit one. copy of the application to each member of the Short Subdivision
Committee, and one copy to any department or agency deemed necessary. The-a}
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(e) SHORT SUBDIVISION COMMITTEE: The Short Subdivision Committee shall consist
of the Director of the Department Office of Community Development who shall be chairman, the
Public Works Director, and the Fire Chief, or their designated representatives.
fc), (d) SUBDIVISION COMMITTEE DECISION MEETING: A meeting of the Short
(2) Action The Short Subdivision Committee may approve, approve with
modifications, or deny the application for a short subdivision or boundary line adjustment
pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long
as the Department of Community Development obtains the recommendations and consent of the
other members of the Committee before issuing a decision.
Section 18 Preliminary Plat Procedures (TMC 17.12.030)
TMC 17.12.030 and Ordinance.1014 (part) as amended by Ordinance 1576, §2 and Ordinance
1599, §6(4) are amended as follows: '
Applications for preliminary plat approval shall be processed as Type 5 decision subject to the
provisions of TMC 18.108.050.
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19
(a) APPLICATION ::
(1) Application for a preliminary plat shall be filed with the Department of
Community Development Planning n on forms prescribed by that office. A complete
(2) The application shall be accompanied by a fee of $800.00 plus $75.00 for each
proposed lot.
(3) . At least five copies of the preliminary plat shall be submitted, which shall be
prepared by a land surveyor.
(4) Fifteen copies of the preliminary plat, photographically reduced to 8 -1/2 inches
by 11 inches or 8 -1/2 inches by 14 inches, shall accompany the application.
(b) PRELIMINARY PLAT REQUIREMENTS: The following shall be part of the preliminary
plat:
(1) Vicinity Map — Adequate to readily identify the location of the plat in relation to
its surrounding vicinity.
(2) Preliminary Plat — The preliminary plat shall include all of the following:
(A) The subdivision name and number, and the name and address of the land
surveyor;
(B) The date of preparation, the true north point, a graphic scale and legal
description of the property proposed for subdivision. Plats shall be drawn to an appropriate
engineering (decimal) scale;
(C) All existing conditions shall be delineated. The location, width and names
of all existing or prior platted streets or other public open spaces, permanent buildings and
structures, and section and municipal corporation lines within or adjacent to the property
proposed for subdivision shall be shown. In the case of a resubdivision, the lots, blocks, streets,
alleys, easements and parks of the.o'riginal subdivision being vacated, shall be shown by dotted
20
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lines in their proper position in relation to the new arrangement of the subdivision, the new
subdivision being clearly depicted in solid lines so as to avoid ambiguity. Existing sewer and
water lines, culverts or other underground facilities within the property proposed for z
subdivision, indicating pipe sizes, grades and exact location as obtained from public records, shall ~ z
be shown. Boundary lines of adjacent lands, whether subdivided or unsubdivided, shall be a
indicated by dotted lines for a distance of 300 feet from the external boundary of the property 6 v
proposed for subdivision and shall include the existing land use classification; 0
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. (D) A survey of existing trees and vegetation with a retention/removal plan -J t
which assures the preservation of significant trees and vegetation; N w 0
(E) Existing contours (solid) and proposed contours (dotted) at intervals of g Q'
five feet or less and referenced to the United States Coast and Geodetic Survey (USC & GS) w n
datum. All contour lines shall be extended at least 100 feet beyond the external boundaries of the 1 ▪ W
property proposed for subdivision; z
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(F) The names, locations, widths, and other dimensions of proposed streets, w w
alleys, easements, parks and other open spaces, reservations, and utilities, together with the D o
purpose and any conditions or limitations of such reservations clearly indicated; O N
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(G) Clearly indicate the source of water supply, method of sewage disposal, i v:
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(H) Indicate the approximate dimensions of each lot and all lot and block U N PI
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and manner of surface runoff control;
numbers;
(I) Indicate the acreage of land to be subdivided, the number of lots and the
area of the smallest lot.
(c) REFERRAL TO OTHER OFFICES: Upon receipt of a complete and satisfactory
preliminary plat application, the Department of Community Development Nanning—Division
shall transmit a Notice of Application and one copy of the preliminary plat to each of the
following offices: Public Works, Building Division, Fire Department, Police Department, King
County Health Department, the appropriate school district, and each public utility agency
serving the area in which the property proposed for subdivision is located.
(d) PLANNING DIVISION ACTION ::
(-l-} ' The Department of Community Development glaring- Division may determine
that a meeting be conducted to resolve major issues identified as a result of departmental
recommendations. Such meeting shall be attended by those offices or agencies responsible for the
recommendations, and must includc the applicant and the Department of Community
21
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Development . The proceedings and results of the meeting shall be
documented.
date.
(g) PLANNING COMMISSION ACTION:
(h) CITY COUNCIL ACTION:
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22
fel (3} Approval of a preliminary plat shall constitute approval for the applicant to
develop construction plans and specifications for all facilities and improvements, as required, in
strict conformance to the approved preliminary plat, design standards, and any special conditions
required by the City Council, and to prepare a final plat.
1L0-). EXPIRATION OF PRELIMINARY PLAT :: Approval of any preliminary plat shall expire
and become null and void five years ene -year from date of such preliminary plat approval. The
City Council may grant one extension of the preliminary plat approval for a period not to exceed
one year.
Section 19 Final Plat Procedures (TMC 17.12.040)
TMC 17.12.040 and Ordinance 1014 (part) as amended by Ordinance 1576 are amended as
follows:
(a) APPLICATION:
(1) Application for final plat shall be filed with the Department of Community
Development l ing- Diviien on forms prescribed by that office.
(2) The application shall be accompanied by a fee of $400.00 plus $25.00 for each lot.
(3) The application shall include at least five copies and the reproducible original of
the final plat and shall be prepared by a land surveyor in strict conformance with the preliminary
plat approval.
(b) FINAL PLAT REQUIREMENTS:
(1) General—
(A) The final,plat, containing all the information specified in this section,
should be drawn in a neat and legible manner to a scale of 1 inch representing 100 feet unless
otherwise approved by the Department of Community Development Planning4Divisiee, and
shall be drawn in black drawing ink on 18 -inch by 22 -inch sheets of high grade polyester drafting
film.
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(B) All documents, maps, survey calculations, and notes shall contain the
name of the subdivision, the name of the subdivider, and the name of the land surveyor
responsible to the subdivider.
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(A) The final plat shall clearly depict the following information:
(i) Date, title, name and location of the subdivision, graphic scale,
datum plane, and true north point;
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(ii) The lines and names of all streets or other public ways, parks, g M
playgrounds, easements, reservations, and any area to be dedicated to public use, with notes �';
stating their purpose and any limitations; = w
(iii) The lines and names of all existing or platted streets or other public iz p'
ways, parks, playgrounds and easements adjacent to the final plat, subdivision or dedication, w w
including municipal boundaries, township lines, and section lines; 2 o'
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(iv) All dimensions along the lines of each lot, with the true bearings ;o H-
and sufficient data necessary to readily determine and reproduce on the ground the location, .i v
bearing, and length of every street line, easement line, lot line, block line, and the boundary of the LI 5,
subdivided tract; Z
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(v) The lengths and bearings of all straight lines, curve radii, arcs, and
semi - tangents of all curves;
(vi) The location of all permanent control monuments based on
Lambert coordinates;
(vii) Suitable primary control points, approved by the Public Works
Department, or descriptions and ties to such control points, to which all dimensions, angles,
bearings and similar data given on the plat shall be referred;
(viii) The elevations of all corners on the boundaries of the subdivided
tract.
(ix) A vicinity map of a scale not more than 400 feet to 1 inch and
which is sufficient to readily identify the location of the subdivided tract.
(B) All dimensions shall be given in feet and decimals of a foot to the nearest
1 /100th. All angles and bearings shall be accurately measured in degrees, minutes, and seconds.
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(C) The final plat shall be accompanied by an approved printed computer plat
closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries.
Allowable error of closure shall not exceed 1 foot in 5,000 feet.
(D) In the event the plat constitutes a replat, the lots, blocks, streets, etc., of
the previous plat shall be shown by dotted lines in their proper positions in relation to the new
arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity.
(E) The final plat shall be accompanied by other streets showing all utility
grades, contours at two foot intervals, and the plat shall be based on USC & GS datum.
(F) The final plat shall be accompanied by the plans and profiles of all street
center lines, sanitary sewers, storm sewers and water lines, to the vertical scale of four feet to the
inch and horizontal scale of 40 feet to the inch, on City profile drafting film provided by the
Department of Public Works.
(G) The final plat shall also contain a complete legal description of the land to
be subdivided.
(3) Dedications /certifications — In addition to other requirements specified in this
section, the final plat shall contain or be accompanied by the following:
(A) Dedication of all streets, rights -of -way, parks, playgrounds, easements,
reservations, and any area to be dedicated to public use, together with any restrictions or
limitations thereon;
(B) Certification by the land surveyor that a survey has been made and all
required monuments and stakes have been properly set;
(C) Certification by the responsible agencies that the methods of sewage
disposal and water service are acceptable;
(D) Certification by the King County Finance Department that taxes have been
paid in accordance with RCW 58.08.030 and 58.08.040, and that a deposit has been made with
the King County Finance Department in sufficient amount to pay the taxes for the following
year;
(E) Certification by the City Treasurer (Finance Director) that there are no
delinquent special assessments, and that all special assessments certified to the City Treasurer
(Finance Director) for collection on any property herein contained and dedicated for streets,
alleys or other public uses are paid in full;
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(G) Certification of approval by the Public Works Department, to be
signed by the Director thereof;
(H) Certification of approval by the Department ()glee of Community
Development, to be signed by the director thereof;
(I} The applicant shall furnish the City a plat certificate from a title
insurance company documenting the ownership and title of all interested parties in the plat,
subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45
calendar days prior to the date of City Council approval of the final plat.
(c) INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU OF IMPROVEMENTS:
(1) Required improvements — Every subdivider may be required to grade and pave
streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers,
water mains, street lights and name signs, together with all appurtenances thereto in accordance
with specifications and standards of this code, approved by the Public Works Department, and
in accordance with other standards of the City.
(2) Supervision and inspection — A licensed engineer or engineering firm, unless found
to be unacceptable to the Department of Public Works, shall be responsible for the supervision
and inspection of all subdivision improvements. All improvements shall be certified in writing as
completed in accordance with plans and specifications as approved by the Department of Public
Works.
(3) Permits — Prior to proceeding with any subdivision improvements, the subdivider
shall obtain those permits from the City as are necessary. The subdivider is also responsible for
complying with all applicable permit requirements of other federal, State and local agencies.
(4) Deferred improvements — A final plat shall not be approved by the City Council
until all required improvements are constructed in a satisfactory manner and approved by the
responsible City departments or sufficient bond has been satisfactorily posted in lieu of
completion.
(A) In the event a subdivider wishes to defer certain on -site improvements,
written notice shall be made to the Department of Community Development .
The subdivider shall furnish a performance bond to the City in an amount equal to 150% of the
estimated cost of the deferred improvements. The decision of the Director of Public Works,
regarding the amount of the performance bond, shall be final and conclusive.
(B) Time Limit. Such bond, to be filed with and held by the City Clerk, shall
list the exact work that shall be performed by the applicant, and shall specify that all of the
deferred improvements be completed within one year from the date of approval of the final plat
by the City Council. Extensions of this time period may be authorized by the Director of Public
26
Works. In the event an extension is authorized, the bond shall be revised to reflect the new
completion date.
(C) Check in Lieu of Bond. The subdivider may substitute a certified or
cashier's check, assignment of funds or any other method of security acceptable to the City
Council in lieu of a performance bond. Such substitution shall be made payable to the City
Treasurer (Finance Director), and shall be in the same amount and carry with it the same
restrictions as the bond for which it is substituting.
(D) Proceed Against Bond or Other Security. The City reserves the right, in
addition to all other remedies available to it by law, to proceed against such bond or other
security in lieu thereof.
(E) Binding Upon Applicant. The requirement of the posting of any
performance bond or other security shall be binding upon the subdivider, his heirs, successors
and assigns.
(F) Notification to Department of Community Development Planning
Divisien. The Director of Public Works shall notify the Department of Community
Development ' isienn in writing of the following: the improvements deferred, amount
of bond or other security and time limit of such, and any other pertinent information.
(5) Certificate of completion — The Director of Public Works shall inform the
Department of Community Development n in writing verifying that the
subdivider has completed the required installations and/or bonding in accordance with the
provisions of this code and the specifications and standards of the departments.
(d) FINAL PLAT REVIEW PROCEDURES:
(1) Referral to other departments and agencies — The Department of Community
Development 'en shall distribute the final plat to all departments and agencies
receiving the preliminary plat, and to any other departments, special purpose districts and other
governmental agencies deemed necessary.
(2) Departmental approval — Within 15 calendar days of receipt of the final plat, the
Public Works Department shall review the final plat and submit to the Department of
Community Development Planning-Division a written report with respect to the following
considerations:
(A) That the' proposed final plat bears the required certificates and statements
of approval;
(B) That a title insurance report furnished by the subdivider confirms the title
of the land, and the proposed subdbvision is vested in the name of the owner whose signature
appears on the plat certificate;
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(C) That the facilities and improvements required to be provided by the
subdivider have been completed or, alternatively, that the subdivider has submitted with the
proposed final plat a performance bond or other security in conformance with Section 17.12.040,
subsection (4);
(D) That the plat is technically correct and accurate as certified by the land
surveyor responsible for the plat.
(3) Submission to City Council o The Department of
Community Development n, upon receipt of the Public Works Department
report and any other pertinent written comments, shall forward the proposed final plat and
written recommendation thereon
, to the City Council within forty-five calendar days from the date of
filing of the proposed final plat.
(4) City Council action — The City Council shall, within 90 calendar days from the
date of filing of the proposed final plat, approve or disapprove the proposed final plat unless the
subdivider consents to an extension of such time period. If the Council finds that the proposed
plat makes appropriate provisions for the public health, safety, general welfare, and for such
open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary sewers,
parks, playgrounds, sites for schools and school grounds, and that the public use and interest will
be served by the platting of such subdivision, then it shall be approved. If the Council finds that
the proposed plat does not make such appropriate provisions or that the public use and interest
will not be served, then the Council may disapprove the proposed subdivision.
(5) Filing final plat — Before the final plat is submitted to the City Council, it shall be
signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of
the Department Office of Community Development. Upon approval by the City Council, it
shall be signed by the Mayor and attested by the City Clerk. The final plat shall be filed with
the Department of Records and Elections by the City.
(6) Extension of the final plat approval date — Final approval by the City Council of a
portion of the final plat will constitute an automatic extension of one year from said approval
date for the remainder of the final plat. Additional extensions of six months may be granted by
the City Council.
Section 20 Application Requirements (TMC 17.16.030)
TMC 17.16.030 and Ordinance 1014 (part) as amended by Ordinance 1576, §4 are amended as
follows:
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(a) Application for binding site improvement plan shall be made with the Pianning-Divisieci
e€ the Department Office of Community Development on forms prescribed by that office. Said
application shall be accompanied by ten copies of the site improvement plan and one
reproducible photographic reduction measuring on 8 -1/2 inches by 11 inches or 8 -1/2 inches by
14 inches.
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(1) The plan shall be a neat and accurate drawing by a land surveyor on reproducible
material at a decimal scale.
(2) The plan shall identify the location and dimensions of all existing and proposed
streets, roads, improvements, utilities, and open spaces.
(3) The plan shall bear all inscriptions setting forth such appropriate limitations and
conditions for the use of the land.
(c) The application for a binding site improvement plan shall be accompanied by a
nonrefundable fee of $200.00.
Section 21 Appeal Procedure (TMC 17.16.090)
TMC 17.16.090 and Ordinance 1014 (part) are hereby repealed:
Section 22 Exceptions (TMC 17.32.010)
TMC 17.32.010 and Ordinance 1014(part) are amended as follows:
(a) EXCEPTION CRITERIA: Exceptions from the requirements of this code may be granted
when undue hardship may be created as a result of strict compliance with the provisions of this
.;
29
code. Any authorization for exception may prescribe conditions deemed necessary or desirable
for the public interest. An exception shall not be granted unless:
(1) There are special physical circumstances or conditions affecting said property,
such that the strict application of the provisions of this code would deprive the applicant of the
reasonable use or development of his land; and
(2) The exception is necessary to insure such property rights and privileges as are
enjoyed by other properties in the vicinity and under similar circumstances; and
(3) The granting of the exception will not be detrimental to the public welfare or
injurious to other property in the vicinity.
(b) PROCEDURES: An application for any exception from this code shall be submitted in
writing by the subdivider, as part of and-shall-accompany the application for short subdivision,
binding site improvement plan, or preliminary plat. Such application shall fully state all
substantiating facts and evidence pertinent to the request.
(1) Short subdivision — A short subdivision or binding site improvement plan
exception shall be reviewed by the Short Subdivision Committee in conjunction with review of
the short subdivision or binding site improvement plan application. The decision of the Short
Subdivision Committee shall be final and conclusive unless appealed in accordance with the
appeal procedure for Type 2 decisions set forth in TMC 18.108.020.
(2) Preliminary plat — A preliminary plat exception shall be considered by the City
Council at the same time the public hearing is conducted for the
preliminary plat.
The decision of the City Council
shall be fmal and conclusive.
Section 23 Rules of Interpretation (TMC 18.08.040)
TMC 18.08.040 and Ordinance 1758, §1(part) are amended as follows:
When uncertainty exists as to the boundaries of any use district shown on the official zoning
map, the following rules of interpretation shall apply:
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(1) Where district boundaries are indicated as approximately following the centerline of
streets, alleys, highways, structure or railroad tracts, the actual centerline shall be construed to be
the boundary; z
(2) Where district boundaries are indicated as running approximately parallel to the w
centerline of a street, the boundary line shall be construed to be parallel to the centerline of the 6 D
street;
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(3) Where district boundaries are indicated on such map as approximately following the -J
lot or tract lines, the actual lot or tract lines shall be construed to be the boundary of such use co iu..:
district; iu O..
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(4) Where a district boundary on the official zoning map divides a tract in unsubdivided u_ Q
property, the location of the use district boundary, unless the same is indicated by dimensions CO d.
thereon, shall be determined by use of the scale appearing on the official zoning map; 1_ I,
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(5) Unmapped shorelands shall be considered to be within the same land use district as z o
the adjacent upland as shown on the official zoning map; 2 o
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(6) Where a public street or alley is officially vacated or abandoned, the regulations • t=�
applicable to the abutting property to which the vacated portion reverts shall apply to such = w•
vacated or abandoned street or alley; 1,
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(7) Where a district boundary line divides a lot which was in single ownership at the v
time of passage of this title, the Board of Adjustment may permit, as a special exception, the ~O I.
extension of the regulations for either portion of the lot not to exceed 50 feet beyond the district z
line into the remaining portion of the lot;
(8) In case uncertainty exists which cannot be determined by application of the foregoing
rules, the Board of Adjustment shall determine the location of such use district boundaries.
Applications for such special exceptions shall be a Type 3 decision processed pursuant to TMC
18.108.030.
Section 24 Appeals (TMC 18.44.170)
TMC 18.44.170 and Ordinance 1758 (part) are amended as follows:
Appeals of any decision of the Department regarding granting or denial on shoreline substantial
development permits and any decision of the Board of Adjustment regarding a shoreline variance
may be appealed to the Shorelines Hearings Board pursuant to RCW ch. 90.58. imirsttant to e
Section 25 Exceptions (TMC 18.45.115)
TMC 18.45.115 and Ordinance 175'8, §1(part) are amended as follows:
31
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(a) General. With the approval of the Director, isolated wetlands that are 1,000 square feet
or smaller in area, and which are low in value according to the rating methodology used in the
City's Water Resource Rating and Buffer Study, may not require the compensatory mitigation
standards of this chapter.
(b) Piping. Piping will be allowed in Type 1 and Type 2 watercourses only where relocation
or alteration of a watercourse is denied and would result in denial of all reasonable use.
(c) Reasonable Use Exceptions.
(1) If application of this chapter would deny all reasonable use of the property
containing wetlands, watercourses or their buffers, the property owner or the proponent of a
development proposal may apply for a reasonable use exception.
(2) Applications for a reasonable use exception shall be a Type 3 decision and shall be
processed pursuant to Section 307.
(3) If the applicant demonstrates to the satisfaction of the Planning Commission that
application of the provisions of this chapter would deny all reasonable use of the property,
development may be allowed which is consistent with the general purposes of this chapter and
the public interest.
(4) The Commission, in granting approval of the reasonable use exception, must
determine that:
(A) No reasonable use with less impact on the sensitive area and its buffer is
possible;
(B) There is no feasible on -site alternative to the proposed activities, including
reduction in size or density, phasing of project implementation, change in timing activities,
revision of road and lot layout, and/or related site planning activities that would allow a
reasonable economic use with fewer adverse impacts to the sensitive area and its buffer;
(C) As a result of the proposed development there will be no increased or
unreasonable threat of damage to off -site public or private property and no threat to the public
health, safety or welfare on or off the development proposal site;
(D) Alterations permitted shall be the minimum necessary to allow for
reasonable use of the property;
.;
32
(E) The proposed development is compatible in design, scale and use with
other developments with similar site constraints in the immediate vicinity of the subject
property;
(F) Disturbance of sensitive areas has been minimized by locating the
necessary alterations in the buffers to the greatest extent possible;
(G) The inability to derive reasonable use of the property is not the result of
actions by the applicant in segregating or dividing the property and creating the undevelopable
condition after the effective date of the ordinance from which this chapter derives; and
(H) Any approved alteration of a sensitive area under this section shall be
subject to conditions as established by this chapter and will require mitigation under an approved
mitigation plan. Approval of a reasonable use exception shall not eliminate the need for any
other permit or approval otherwise required for a project, including but not limited to design
Section 26 Appeals (TMC 18.45.125)
TMC 18.45.115 and Ordinance 1758, §1(part) are amended as follows:
(a) Any aggrieved party who objects to or disagrees with DCD decisions or conditions for
development in a sensitive area shall appeal to the Planning Commission. Any such appeal shall
be a Type 2 decision and shall be processed pursuant to TMC 18.108.020. made- in- writing
(b) In considering appeals of decisions or conditions, the following shall be considered:
(1)
derives;
The intent and purposes of the sensitive areas ordinance from which this.chapter
(2) Technical information and reports considered by the DCD; and
(3)
Findings of the Director which shall be given substantial weight.
Section 27 Multi- Family Density Standards (TMC 18.46.070)
TMC 18.46.070 and Ordinance 1758, §1 (part) are amended as follows:
In multiple - family residential districts, the
City Council may authorize a dwelling -unit density not more than 20% greater than
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permitted by the underlying zones, after entry of findings that the following are
substantially provided:
(1) A variety of housing types is offered.
(2) At least 15% of the natural vegetation is retained (in cases where
significant stands exist).
(3) Advantage is taken or enhancement is achieved of unusual or significant
site features such as views, watercourses, wetlands or other natural characteristics.
(4) Separation of auto and pedestrian movement is provided, especially in or
near areas of recreation.
(5) Developmental aspects of the PRD complement the land use policies of
the Comprehensive Plan.
Section 28 Pre- application Procedure (TMC 18.46.100)
TMC 18.46.100 and Ordinance 1758, §1(part) is repealed:
Section 29 Application Procedure Required for PRD Approval (TMC 18.46.110)
TMC 18.46.110 and Ordinance 1758, §1(part) are amended as follows:
(a) Filing of Application. Application for approval of the PRD shall be made on forms
prescribed by the DCD and shall be accompanied by a filing fee as required in the Application
Fees chapter of this title and by the following:
(1) Justification for the density increases, or lot size and setback reductions, if
requested by the applicant;
(2) Program for development including staging or timing of development;
(3) Proposed ownership pattern upon completion of the project;
(4) Basic content of any restrictive covenants;
34
(5) Provisions to assure permanence and maintenance of common open space through
a homeowners' association, or similar association, condominium development or other means
acceptable to the City;
(6) An application for rezone may be submitted with the PRD application if rezoning
is necessary for proposed density. Fees for rezone request shall be in addition to those of the
PRD application;
(7) An application for preliminary plat may be submitted with the PRD application,
if necessary. Fees for the subdivision shall be in addition to those of the PRD application;
(8) Graphic images of development in any sensitive area or buffer, including
photomontage or computer - generated perspectives in a standardized format required by the
Director;
(9) Every reasonable effort shall be made to preserve existing trees and vegetation and
integrate them into the subdivision's design by preparing a tree inventory of the significant
vegetation on -site as part of the preliminary plat application. A tree and vegetation
retention/removal plan shall be part of any preliminary plat application. Such tree and vegetation
retention/removal plan shall assure the preservation of significant trees and vegetation.
b -(4} City Council Public Hearing.
(1) PRD's shall be processed as Type 5 decisions, pursuant to TMC 18.108.050.
(2) The PRD shall be an exception to the regulations of the underlying zoning district.
The PRD shall constitute a limitation on the use and design of the site unless modified by
ordinance.
Section 30 Review Criteria (TMC 18.46.112)
TMC 18.46.112 and Ordinance 1758 § 1(part) are amended as follows:
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The City Council shall find that the proposed development plans meet
all of the following criteria in their decision making:
(1) Requirements of the subdivision code for the proposed development have been met,
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(3) Adverse environmental impacts have been mitigated;
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listed in the Planned Residential Development District chapter of this title;
(4) Compliance of the proposed PRD to the provisions of this chapter and the
Sensitive Areas Overlay District chapter of this title;
(5) Time limitations, if any, for the entire development and specified stages have been
documented in the application;
(6) Development in accordance with the Comprehensive-Land Use Policy Plan and
other relevant plans;
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(8) Appropriate retention and preservation of existing trees and vegetation recommended by
the Director.
Section 31 Expiration of Time Limits (TMC 18.46.140)
TMC 18.46.140 and Ordinance 1758, §1(part) are amended as follows:
Construction of improvements in the PRD shall begin within twelve months from the date of the
filing of the final PRD plan by the City Clerk as provided in the Planned Residential
Development District chapter of this title. An extension of time for beginning construction may
be requested in writing by the applicant, and such extension not exceeding six months may be
granted by the Department upon showing of good cause. If construction
does not occur within 18 months from the date of filing of PRD plans by the City Clerk, the
PRD zoning suffix shall be dropped from the official zoning map and the zoning shall revert to
the underlying designation.
Section 32 Permit Processing and Duration (TMC 18.54.150)
TMC 18.54.150 and Ordinance 1758, §1(part) are amended as follows:
(a) If the proposed vegetation clearing and permit application meet the requirements of this
chapter and other applicable City standards, including but not limited to the Shoreline Master
Program, the land alteration ordinance, and sensitive areas standards, the Director shall approve
36
the application and issue the Tree Clearing Permit. All Tree Clearing Permits and exceptions
shall be processed as Type 1 decisions.
(b) If the Tree Clearing Permit application is not approved, the Director shall inform the
applicant in writing of the reasons for disapproval.
(c) From the date of issuance, permits shall be valid for a period of 180 days.
Section 33 Loading space requirements (TMC 18.56.060)
TMC 18.56.060 and Ordinance 1758, §1(part) are amended as follows:
Off - street space for standing, loading and unloading services shall be provided in such a
manner as not to obstruct freedom of traffic movement on streets or alleys. For all office,
commercial, and industrial uses, each loading space shall consist of at least a ten -foot by
30 -foot loading space with 14 -foot height clearance for small trucks such as pickup
trucks, or a 12 -foot by 65 -foot loading space with 14 -foot height clearance for large
trucks, including tractor - trailer large spaces. The prescribed number of spaces required
are as follows:
Loading Space Requirements
Square Feet of Gross Floor Area
(Except Basement Area)
Number of
Spaces
Office Buildings, Hotels,
Hospitals, and Institutions
1
3,000
to
100,000
2
100,000
to
335,000
3
335,000
to
625,000
4
625,000
to
945,000
5
945,000
to
1,300,000
6
1,300,000
to
1,695,000
7
1,695,000
to
2,130,000
8
2,130,000
to
2,605,000
9
2,605,000
to
3,120,000
10
3,120,000
to
3,675,000
Number of
Spaces
Other Commercial and
Industrial Buildings (30%
minimum large spaces)
1
Under 10,000
2
10,000 to 25,000
37
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3
25,000
to
85,000
4
85,000
to
155,000
5
155,000
to
235,000
6
235,000
to
325,000
7
325,000
to
425,000
8
425,000
to
535,000
9
535,000
to
655,000
10
655,000
to
775,000
11
775,000
to
925,000
These requirements may be modified as a Type 4 decision,
, where the Board of Adjustment or, on appeal, the City
Council finds that such reduction will not result in injury to neighboring
property or obstruction of fire lanes or traffic and will be in harmony with the purposes
and intent of this chapter.
Section 34 Cooperative Parking Facility (TMC 18.56.070)
TMC 18.56.070 and Ordinance 1758, §1(part) are amended as follows:
When two or more uses occupy the same building or when two or more buildings or uses
cooperatively share an off - street parking facility, the total requirements for off - street parking and
loading facilities shall be at least the sum of the requirements for the greater of the uses at any one
time. Any application for cooperative parking or any modification of the standard created by
this section shall be a Type 4 decision to be determined by the Board of Adjustment or, on
appeal, the City Council.
Section 35 Action by the Board of Architectural Review (TMC 18.60.070)
TMC 18.60.070 and Ordinance 1758, §1(part) are amended as follows:
(1) Approval. Design Review decisions shall be processed as Type 3 decisions pursuant to
TMC 18.108.030. If the BAR approves the proposed development, a building permit may be
issued by the appropriate City official providing all other requirements of the building code and
ordinances of the City have been complied with.
(2) Approval with Conditions. If the BAR approves the proposed development plans with
conditions, it may require that such conditions shall be fulfilled prior to the issuance of a building
or occupancy permit, where appropriate.
(3) Denial. The BAR may deny the proposed development plans if the plans do not satisfy
the guidelines of this chapter.
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(1) All decisions of the BAR shall be final unless appealed.
Section 36 Application - Requirements and Fees (TMC 18.64.030)
TMC 18.64.030 and Ordinance 1758, §1(part) are amended as follows:
Application for conditional use permit shall be filed with the DCD on forms prescribed by that
office. All applications shall be accompanied by a filing fee as required in the Application Fees
chapter of this title. Applications for Conditional Use Permits shall be Type 4 decisions and
shall be processed pursuant to TMC 18.108.040.
(1) Vicinity map;
Section 37 'Application - Hearing - Notice (TMC 18.64.040)
TMC 18.64.040 and Ordinance 1758, §1(part) are repealed:
title.
Section 38 Criteria (TMC 18.64.050)
TMC 18.64.050 and Ordinance 1758, §1(part) are amended as follows:
The
conditional use permit:
(1) The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity of the proposed use or in the district in
which the subject property is situated;
(2) The proposed use shall meet or exceed the performance standards that are required
in the district it will occupy;
following criteria shall apply in granting a
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(3) The proposed development shall be compatible generally with the surrounding
land uses in terms of traffic and pedestrian circulation, building and site design;
(4) The proposed use shall be in keeping with the goals and policies of the
Comprehensive Land Use Policy Plan;
(5) All measures have been taken to minimize the possible adverse impacts which the
proposed use may have on the area in which it is located.
Section 39 Expiration and Renewal (TMC 18.64.060)
TMC 18.674.060 and Ordinance 1758, § 1(part) are amended as follows:
A conditional use permit shall automatically expire one year after a Notice of Decision approving
the permit is issued unless a building permit
conforming to plans for which the CUP was granted is obtained within that period of time. A
conditional use permit shall automatically expire unless substantial construction of the proposed
development is completed within two years from the date a Notice of Decision approving the
permit is issued. - - - .. - - ' . - : • _ . The
Planning Commission or City Council, on appeal, may authorize longer periods for a conditional
use permit if appropriate for the project. The Planning Commission or City Council, on appeal,
may grant a single renewal of the conditional use permit if the party seeking the renewal can
demonstrate extraordinary circumstances or conditions not known or foreseeable at the time the
original application for a conditional use permit was granted, which would not warrant such a
renewal. No public hearing is required for a renewal of a conditional use permit.
Section 40 Performance Bond or Other Security (TMC 18.64.080)
TMC 18.64.080 and Ordinance 1758, §1(part) are amended as follows:
A performance bond or other adequate and appropriate security may be required
Gemmissien-for any elements of the proposed project which the Planning Commission or City
Council, on appeal, determines are crucial to the protection of the public welfare. Such bond
shall be in an amount equal to 100% of the cost of the installation or construction of the
applicable improvements.
Section 41 Application Requirements (TMC 18.64.090)
TMC 18.66.040 and Ordinance 1758, §1(part) are amended as follows:
Applications for unclassified use permits shall be Type 5 decisions and shall be processed
pursuant to TMC 18.108.050.
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(3)
(4)
Scaled site and building elevation plans;
Vicinity map;
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Section 42 Notice and Hearing Requirements (TMC 18.66.050)
TMC 18.66.050 and Ordinance 1758, §1(part) are repealed.
thereof.
Section 43 Criteria (TMC 18.66.060)
TMC 18.66.060 and Ordinance 1758, §1(part) are amended as follows:
The City Council shall be guided by the following criteria in granting
an unclassified use permit:
(1) The proposed use will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity;
(2) The proposed use shall meet or exceed the same standards for parking, landscaping,
yards and other development regulations that are required in the district it will occupy;
(3)
uses;
The proposed development shall be compatible generally with the surrounding land
(4) The proposed use shall be in keeping with the goals, objectives, and policies of the
Comprehensive Land Use Policy P,jan;
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(5) All measures shall be taken to minimize the possible adverse impacts which the proposed
use may have on the area in which it is located.
Section 44 Expiration and Renewal (TMC 18.66.070)
TMC 18.66.070 and Ordinance 1758, §1(part) are amended as follows:
An unclassified use permit shall automatically expire one year after the date of issuance of a
Notice of Decision granting approval of the application • - .. unless
a building permit conforming to plans upon which the permit was granted is obtained within that
period of time. An unclassified use permit shall automatically expire unless substantial construc-
tion shall be completed within two years from the date of issuance of a Notice of Decision
granting approval of the application the unclassified ire permit is granted by the City Council,
unless a renewal is granted or unless the unclassified use permit specifically provides for a
period greater than two years. The City Council,
Commission; -may renew an unclassified use permit for a maximum period of one additional year.
No more than one renewal shall be issued for any unclassified use permit. A renewal may
be granted only if there have been no pertinent changes in conditions surrounding the property
since the time of original approval. No public hearing is required for renewal of an unclassified
use permit. •
Section 45 Revocation of Permit (TMC 18.66.080)
TMC 18.66.080 and Ordinance 1758, §1(part) are amended as follows:
(1) The City Council, • - - • - ' • b . - - , may revoke or
modify any unclassified use permit. Such revocation or modification shall be made on any one or
more of the following grounds:
(A) That the approval was obtained by deception, fraud, or other intentional and
misleading representation;
(B) That the use for which such approval was granted has at any time ceased for a
period of one year or more;
(C) That the use for which such approval was granted has been abandoned;
(D) That the permit granted is exercised contrary to the terms or conditions of such
approval or in violation of any statute, resolution, code, law or regulation;
(E) That the use for which the approval was granted is so exercised as to be
detrimental to the public health or safety.
(2) Any aggrieved party may petition the City Council in writing to initiate revocation or
modification proceedings.
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(3) Before an unclassified use permit may be revoked or modified, a public hearing shall be
held. Procedures concerning notice, reporting, and appeals shall be the same as required-by-this
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Section 46 Resubmittal of Application (TMC 18.66.100)
TMC 18.66.100 and Ordinance 1758, §1(part) are amended as follows:
Section 47 Application Requirements (TMC 18.72.040)
TMC 18.72.040 and Ordinance 1758, §1(part) are amended as follows:
An application to the Board of Adjustment for the issuance of a variance shall be made on forms
prescribed by the DCD. All applications shall be accompanied by a filing fee as required in the
Application Fees chapter of this title. All variances shall be processed as Type 3 decisions
pursuant to TMC 18.108.030.
dee ts-
(1)
Completed application form;
Section 48 Application - Hearing and Notice (TMC 18.72.050)
TMC 18.72.050 and Ordinance 1758, §1(part) are repealed:
Section 49 Application - Board Decision (TMC 18.72.060)
TMC 18.72.060 and Ordinance 1758, § 1(part) are repealed:
heating-
Section 50 Appeal (TMC 18.72.080)
TMC 18.72.080 and Ordinance 1738, §1(p[art) are repealed:
43 •
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Section 51 Application (TMC 18.80.010)
TMC 18.80.010 and Ordinance 1758, § 1(part) are amended as follows:
Any interested person (including applicants, citizens, Tukwila Planning Commission,
City staff and officials, and staff of other agencies) may submit an application for an
amendment to either the comprehensive plan or the development regulations to the
Department of Community Development. Such applications are for legislative decisions
and are not subject to the requirements or procedures set forth in TMC ch. 18.110 to
18.120. The In addition to the requirements of TMC 18.80.015, the application shall
specify, in a format established by the Department:
(1) A detailed statement of what is proposed and why;
(2) A statement of the anticipated impacts of the change, including the
geographic area affected and the issues presented by the proposed change;
(3) An explanation of why the current comprehensive plan or development
regulations are deficient or should not continue in effect;
(4) A statement of how the proposed amendment complies with and
promotes the goals and specific requirements of the Growth Management Act;
(5.) A statement of how the proposed amendment complies with applicable
Countywide Planning Policies;
(6) A statement of what changes, if any, would be required in functional plans
(i.e., the City's water, sewer, storm water or shoreline plans) if the proposed amendment
is adopted;
(7) A statement of what capital. improvements, if any, would be needed to
support the proposed change, and how the proposed change will affect the capital
facilities plans of the City; and,.
(8) A statement of what other changes, if any, are required in other City
codes, plans or regulations to implement the proposed change.
Section 52 Documents to be Submitted with Application (TMC 18.80.015)
44
A new section 18.80.015 is added to TMC ch. 18.80 as follows:
A. Applications for amendments to the comprehensive plan or development
regulations shall provide the following documents in such quantities as are specified by
the Department:
1. An application form provided by the Department.
2. King County Assessor's map(s) which show the location of each
property within 300 feet of the property which is the subject of the proposed
amendment.
3. Two (2) sets of mailing labels for all property owners and
occupants (businesses and residents) , including tenants in multiple occupancy structures,
within 300 feet of the subject property.
4. A vicinity map showing the location of the site.
5. A surrounding area map showing comprehensive plan designations,
zoning designations, shoreline designations, if applicable, and existing land uses within a
1000 foot radius from the site's property lines.
6. A site plan, including such details as may be required by the
Department.
7. A landscaping plan, including such details as may be required by
the Department.
8. Building elevations of proposed structures, including such details
as may be required by the Department.
9. Such photomaterial transfer or photostat of the maps, site plan and
building elevation, , including such details as may be required by the Department.
10. Such other information as the applicant determines may be helpful
in evaluating the proposal, including color renderings, economic analyses, photos, or
material sample boards.
B. The Department shall have the authority to waive any of the requirements
of this section for proposed amendments which are not site specific or when, in the
Department's discretion, such information is not relevant or would not be useful to •
consideration of the proposed amendment.
Section 53 Docket (TMC 18.80.020)
TMC 18.80.020 and Ordinance 1758, §1(part) are amended as follows:
45
The Department shall maintain a docket of all proposed changes to the comprehensive
plan and development regulations which are submitted. The Department shall provide a
copy of the docket to the City Council on a monthly basis. If either the Department or
the Council determines that a proposed change may be an emergency, the Department
shall prepare the staff report described below and forward the proposed change to the
Council for immediate consideration, subject to the procedural requirements for
consideration of amendments. Non - emergency changes shall be compiled and submitted
to the Council for review on an annual basis in October so that cumulative effects of the
proposals can be determined. Proposed changes received by the Department after July
1st of any year _ - • _ . - - - shall
be held over for the following year's review, unless the Council or the Department
determines the proposed change may be an emergency.
Section 54 Submission to City Council b (TMC 18.84.010)
TMC 18.84.010 and Ordinance 1758, § 1(part) are amended as follows:
Any request for a change in zoning of any district or area, or of any boundary lines thereof as
shown on the zoning maps, shall be submitted to the Department. Said
requests shall be made on such formal application forms as specified by the Department Planning
Eenmissien and filed with the Department, which shall transmit a copy to the City Clerk. All
applications shall be accompanied by a filing fee as required in the Application Fees chapter of
this title. All applications for a change of zoning or of any boundary lines shall be a Type 5
decision and shall be processed pursuant to TMC 18.108.050. ,and -ha" contain z..ch
Section 55 Submission to City Council - Action (TMC 18.84.020)
TMC 18.84.020 and Ordinance 1758, §1 (part) are repealed:
Section 56 Criteria for Granting Zoning Map Reclassifications (TMC 18.84.030)
TMC 18.84.030 and Ordinance 1758, §1(part) are amended as follows:
The City Council shall be guided by the following criteria in granting
reclassification requests to the zoning map of this title:
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(1) The use or change in zoning requested shall be in conformity with the adopted
Comprehensive Land Use Policy Plan, the provisions of this title, and the public interest;
(2) The use or change in zoning requested in the zoning map or this title for the establishment
of commercial, industrial, or residential use shall be supported by an architectural site plan
showing the proposed development and its relationship to surrounding areas as set forth in the
application form.
Section 57 Petition for Decision Review (TMC 18.84.040)
TMC 18.84.040 and Ordinance 1758, § 1(part) are repealed:
of the
Section 58 Final Action (TMC 18.84.050)
TMC 18.84.050 and Ordinance 1758, §1(part) are repealed:
Section 59 . Application Fees (TMC 18.88.010)
TMC 18.88.010 and Ordinance 1758, §1(part) are amended as follows:
The following fees shall be paid by any applicant for a land use permit at the same time
that said application is filed with the City:
Type of Application
Fee
Comprehensive plan amendment
$700.00
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850.00
Design review (BAR)
900.00
Planned Residential Development
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800.00 plus
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Reclassification (rezone)
700.00
Shoreline substantial development
permit
550.00
Street vacation
120.00.
Unclassified use permit (UUP)
850.00
Variance
600.00
Lot line adjustments
200.00 (new)
Special review (parking/sign
deviation, etc.)
200.00 (new)
Zoning Code Amendment
700.00
Application for renewals of any land use permit, provided such renewals are specifically
authorized, shall pay the same fee required for the land use permit being renewed.
Section 60 Appeals from Decisions or Interpretations of the Director (TMC 18.90.010)
TMC 18.90.010 and Ordinance 1758, §1(part) are amended as follows:
Any person aggrieved by any interpretation of this title by the Director may appeal the
Director's interpretation resent to the Board of Adjustment. Any such appeal shall be a Type
2 decision and shall be processed pursuant to TMC 18.108.020.
•
48
Adjustment 3hal be final.
Section 61 Appeals from Decisions of the Planning Commission (TMC 18.90.020)
TMC 18.90.020 and Ordinance 1758, §1(part) are repealed:
Section 62 Appeals from Decisions of the Board of Adjustment (TMC 18.90.030)
TMC 18.90.030 and Ordinance 1758, §1(part) are repealed:
Section 63 Publication (TMC 18.92.010)
TMC 18.92.010 and Ordinance 1758, §1(part) are repealed:
Section 64 Notice to Property Owners (TMC 18.92.020)
TMC 18.92.020 and Ordinance 1758, §1(part) are repealed:
owners-
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Section 65 Special Permission Sign (TMC 19.08.215)
A new Section 19.08.215 is added to TMC chapter 19.08 as follows:
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19.22.010, 19.22.020, 19.32.020, 19.32.080, 19.32.100, 19.32.120, 19.32.130, 19.32.140, re 2
19.32.150 or 19.32.180. _10
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(a) No sign shall hereafter be erected, re- erected, constructed or altered, except as g
provided by this code and a permit for the same has been issued by the City acting _�
through its Planning Director, provided that a sign posted for purposes of giving public H w
notice pursuant to TMC 18.104.110 shall be exempt from the requirements of this Title. z
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(b) A separate permit is required for each group of signs on a single support structure 11.1 _'
or the sign or signs for each business entity. In addition, electrical permits shall be v 0
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Section 66 Required (TMC 19.12.010)
TMC 19.12.010 and Ordinance 1274, §1(part) are amended as follows:
Section 67 Application Procedure (TMC 19.12.020)
TMC 19.12.020 and Ordinance 1274, §1(part) are amended as follows:
Application for a sign permit shall be made in writing upon forms furnished by the Planning
Department of Community Development. Sign permits other than special permission signs and
unique signs shall be a Type 1 decision, provided that the denial of approval for a Type 1 sign
permit shall be appealable to the Planning Commission pursuant to the provisions of TMC
18.108.020 for appeals of Type 2 decisions. Special permission signs shall be a Type 2 decision
and shall be processed pursuant to the terms of TMC 18.108.040 and .050. Unique signs shall
be a Type 3 decision and shall be processed pursuant to the terms of TMC 18.108.030. Such
application shall contain the location of the proposed sign structure by street and number or by
surveyor's exhibit or legal description, as well as the name and address of the sign contractor or
erector_
with thin cede.
Section 68 Applications - Rejection - Appeal (TMC 19.12.040)
TMC 19.12.040 and Ordinance 1274, §1(part) are repealed:
50
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Section 69 Fees - Public Hearings (TMC 19.12.100)
TMC 19.12.100 and Ordinance 1274, §1(part) are repealed:
Sections 18.72.030 through 18.72.060 of this code.
Section 70 Designated (TMC 19.28.010)
TMC 19.28.010 and Ordinance 1274, §1(part) are amended as follows:
The following signs or devices are specifically prohibited:
(1) Signs adjacent to State roads and not complying with Washington State
Department of Transportation regulations.
(2) Signs using the words "stop," "look" or "danger ", or any other word,
symbol, character or color which might confuse traffic or detract from any legal traffic
control device.
(3) Animated signs, unless specifically approved as a Type 2 decision bye
according to the following criteria:
(A) Such signing is deemed necessary to the type of marketing
customary to a particular classification of business enterprise.
(B) Such signing consists of a permanent fixture, and symbols or letters
of plastic, metal or electronically controlled material.
(C) Message content of such signing is limited to time, date,
temperature, or business hours.
(4) Rooftop signs supported by exposed trusswork and wall- mounted signs
extending above the parapet line.
(5) Unique signs unless specifically approved as a Type 4 decision by-the
Planning-Gommissieft; permits may be approved if in the judgment of the Planning
Commission, or on appeal, the City Council, the effect of the proposed sign would not
contribute to a cluttered, confusingpr unsafe condition.
51
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(6) Permanent off - premises signs, except shared directional signs as provided
in Section 19.32.020, billboards as provided in Section 19.32.040, and planned shopping
centers (mall) signs as provided in Section 19.32.150.
(7) Strings of pennants, banners or streamers, festoons of lights, clusters of
flags, wind- animated objects, balloons and similar devices of a carnival nature except as
specifically provided in Chapters 19.12 and 19.24 of this code. Not prohibited are
national, State, and institutional flags properly displayed or temporary signs and
decorations customary for special holidays, such as Independence Day, Christmas,
Tukwila Days, and similar events of a public nature.
(8) Portable signs or any sign which is not permanently mounted, including
sandwich or "A" boards, except as provided in Sections 19.24.050 and 19.32.160 of this
code.
(9) There shall be no signs or sign supports which shall obscure vision
between the height of three feet and ten feet of the street or driveway grade allowed
within 40 feet of the intersections of streets and/or driveways.
(10) Signs mounted or painted on stationary motor vehicles, trailers and related
devices in order to circumvent the intent of this code.
(11) Off - premises signs located within the "shoreline zone" as described in
Chapter 18.44; on- premises, permanent signs located within the shoreline zone and
specifically oriented to be visible from the "river environment," Section 18.44.114 of this
code.
Section 71 Shared directional signs (TMC 19.32.020)
TMC 19.32.020 and Ordinance 1274, §1(part) are amended as follows:
In commercial and industrial areas where a demonstrated need for directional signing
exists, owners or tenants of these premises may apply
for review and approval of the design of a shared directional sign. Such application shall
processed as a Type 2 decision. Such sign shall not exceed ten feet in height, ten feet in
width, and have a maximum of two signing surfaces which do not exceed a total of 50
square feet. Such sign shall be located on the premises of at least one of the entities
identified thereon and shall be used only by geographically associated businesses. The
sign structure shall be located in a masonry base of decorative appearance. The shared
directional sign shall contain no promotional copy but shall be limited to the names and
addresses of the companies or activities being identified.
Section 72 Home occupation — Church, approved conditional use and public
facility signs (TMC 19.32.080)
TMC 19.32.080 and Ordinance 1274, §1(part) are amended as follows:
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(a) Home occupations may be identified by a single, non - illuminated wall plaque of
not more than 1 -1/2 square feet.
(b) Churches and approved conditional uses may have one sign for each street upon
which the property fronts; signs shall be located in the setback area or upon the face of
the building. Total area of sign or signs shall not exceed 32 square feet; maximum height
above ground, when in setback area, shall not exceed five feet, and base of sign shall be
located in a landscaped area. Bulletin boards and readerboards are considered signs.
Illuminated signs shall use indirect, concealed sources, or backlighted letters on an opaque
background: All signs in this subsection must be approved as a Type 2 decision. the
(c) Public facilities may have one sign for each street upon which the property fronts;
signs shall be located in the setback area or upon the face of the building. Total area of
sign or signs shall not exceed 60 square feet per face; maximum height above ground, when
in setback area, shall not exceed 16 feet; minimum setback shall be eight feet; and base of
sign shall be located in a landscaped area. Bulletin boards and readerboards are considered
signs. Illuminated signs shall use indirect, concealed sources, or back - lighted letters on an
opaque background. All signs in this subsection must be approved as a Type 2 decision.
Section 73 Where signs will face other
zones 1 (TMC 19.32.100)
TMC 19.32.100, Ordinance 1274, §1(part)
follows:
multiple - family, commercial or industrial
and Ordinance 1617, §3(part) are amended as
(a) Home occupations may be identified by a single wall plaque not more than two
square feet; plaque may be illuminated from front.
(b) Churches and approved conditional uses may have one sign for each street upon
which the property fronts; signs shall be located in the setback area or upon the face of
the building. Total area of sign or signs shall not exceed 64 square feet; maximum height
above ground, when in setback area, shall not exceed ten feet, and base of sign shall be
located in a landscaped area. Bulletin boards and readerboards are considered signs. •
Illuminated signs shall use indirect, concealed sources, or backlighted letters on an opaque
background. All signs in this subsection must be approved as a Type 2 decision. by-the
(c) Public facilities may have one sign for each street upon which the property fronts;
signs shall be located in the setback area or upon the face of the building. Total area of
sign or signs shall not exceed 60. square feet per face; maximum height above ground, when
in setback area, shall not exceed 16 feet; minimum setback shall be eight feet; and base of
sign shall be located in a landscaped area. Bulletin boards and readerboards are considered
signs. Illuminated signs shall use indirect, concealed sources, or back - lighted letters on an
opaque background. All signs in this subsection must be approved as a Type 2 decision.
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Section 74 Where signs will face or abut single family zones (TMC 19.32.120)
TMC 19.32.120, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as
follows:
(a) Home occupations may be identified by a single, non - illuminated wall plaque of
not more than 1 -1/2 square feet.
(b) Churches and approved conditional uses may have one sign for each street upon
which the property fronts; signs shall be located in the setback area or upon the face of
the building. Total area of sign or signs shall not exceed 32 square feet; maximum height
above ground, when in setback area, shall not exceed five feet, and base of sign shall be
located in a landscaped area. Bulletin boards and readerboards are considered signs.
Illuminated signs shall use indirect, concealed sources, or back - lighted letters on an opaque
background. All signs in this subsection must be approved as a Type 2 decision. by-the
(c) Public facilities may have one sign for each street upon which the property fronts;
signs shall be located in the setback area or upon the face of the building. Total area of
sign or signs shall not exceed 60 square feet per face; maximum height above ground, when
in setback area, shall not exceed 16 feet; minimum setback shall be eight feet; and base of
sign shall be located in a landscaped area. Bulletin boards and readerboards are considered
signs. Illuminated signs shall use indirect, concealed sources, or back - lighted letters on an
opaque background. All signs in this subsection must be approved as a Type 2 decision.
(d) All freestanding signs must be approved as a Type 2 decision. Ping
Genimissien.. Permits may be approved if, ' - the effect of the proposed sign would not contribute to a cluttered or confusing condition
nor would generally degrade the physical appearance or character of the street or
neighborhood.
(e) Non - rolling equipment and merchandise must be displayed from within buildings
or within glass fronted cases, except in connection with temporary commercial, industrial
or public service displays.
Section 75 Where signs will face or abut multiple - family zones or public facilities
(TMC 19.32.130)
TMC 19.32.130, Ordinance 1274, §1(part) and Ordinance 1617, §3(part) are amended as
follows:
(a) Home occupations may be identified by a single wall plaque not more than two
square feet; plaque may be illuminated from front.
(b) Churches and approved conditional uses may have one sign for each street upon
which the property fronts; signs shall be located in the setback area or upon the face of
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the building. Total area of sign or signs shall not exceed 64 square feet; maximum height
above ground, when in setback area shall not exceed ten feet, and base of sign shall be
located in a landscaped area. Bulletin boards and readerboards are considered signs.
Illuminated signs shall use indirect, concealed sources, or backlighted letters on an opaque
background. All signs in this subsection must be approved as a Type 2 decision. by-the
(c) Public facilities may have one sign for each street upon which the property fronts;
signs shall be located in the setback area or upon the face of the building. Total area of
sign or signs shall not exceed 60 square feet per face; maximum height above ground, when
in setback area, shall not exceed 16 feet; minimum setback shall be eight feet; and base of
sign shall be located in a landscaped area. Bulletin boards and readerboards are considered
signs. Illuminated signs shall use indirect, concealed sources, or back - lighted letters on an
opaque background. All signs in this subsection must be approved as a Type. 2 decision.
(d) All freestanding signs must be approved as a Type 2 decision. by-the-Nanning
EeffiffliSSieff. Permits may be approved if, • ,
the effect of the proposed sign would not contribute to a cluttered or confusing condition
nor would generally degrade the physical appearance or character of the street or
neighborhood.
(e) Non- rolling equipment and merchandise must be displayed from within the
buildings or within glass- fronted cases except in connection with temporary commercial,
industrial or public service displays.
Section 76 Commercial zones where signs will face or abut other commercial or
industrial zones, except as provided in Section 19.32.150 through Section 19.32.190
inclusive (TMC 19.32.140)
TMC 19.32.140 and Ordinance 1274, § 1(part) are amended as follows:
(a) Signs mounted on exposed building faces: Each business shall be permitted one
exposed building face - mounted sign. One additional exposed building face - mounted sign
can be permitted for each business that is not identified on any freestanding sign,
provided:
(1) That the business has more than one exterior public entrance in the same
building, exclusive of warehouse area doors, or
(2) That there is no more than one sign per business on any exposed building face.
The area of all signs on an exposed building face for each business shall be as provided in
Table 1.
Table 1
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Area (L X H) —
Sq. Ft. Exposed
Building Face
Total Permitted Area of the
Sign — Square Feet
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0 -500
0.05 x exposed building face in
sq. ft. (E.B.F.)
501 -1500
25 + 0.04 x (E.B.F. - 500)
1501 -3000
65 + 0.03 x (E.B.F. - 1500)
3001 -5000
110 + 0.02 x (E.B.F. - 3000)
Over 5000
150 square feet (maximum)
Upon application to and approval as a Type 2 decision. - ' .. - : : ' : -, the
permitted sign areas provided in Table 1 may be increased no more than 50% for each
doubling of the required minimum setback distance for the wall upon which a particular
sign is to be placed, but in no case shall sign area exceed that permitted in Section
19.32.150.
(b) Office buildings with multiple tenancies shall only be identified by the official
name of the building, and internal directories shall be used to identify the individual
tenants. Exception: Multi -tenant office buildings which will face or abut other
commercial or industrial zones and which have no common public entry shall be
permitted signs as follows:
(1) Each ground floor occupant shall be permitted an identification sign which
designates the name of the occupant and/or the type of occupation. Such sign shall be
attached to the ground floor exposed building face as defined in Section 19.08.060.
(2) All other tenants which have an exclusive entry on the ground floor shall be
allowed exterior signing to be placed on the ground floor exposed building face in which
that entry is located.
(3) The size of any building sign shall not exceed 30 square feet and shall not be
longer than 70% of the exposed building face that the business occupies in the building
and upon which the sign is to be placed.
(4) Each tenant may also display a room number /letter or street number which is
visible from the public street or principal access roadway. Such a sign shall not be
counted in the sign area permitted for the business.
(5) Each group of professional offices may have a directory listing the names of
the tenants on the site and a location map. The directory shall be oriented to the
pedestrian on the site rather than the passing motorist.
(c) Freestanding signs: One freestanding sign shall be permitted for each site. One
additional freestanding sign may be permitted for sites which meet the following
conditions:
(1) The site has at least 400 linear feet of frontage on a public street;
(2) The site has at least two detached commercially occupied buildings, neither of
which is accessory to the other; and
(3) The site is occupied by at least two tenants. Permitted sign area for each
freestanding sign shall be as follow
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Street
Frontage
Sign Area /Sign
Up to 200 ft.
50 sq. ft with total of 100 sq. ft.
for all sides
200 to 400 ft.
75 sq. ft. with total of 150 sq. ft.
for all sides
Over 400 ft.
100 sq. ft with total of 200 sq.
ft. for all sides
Any permitted freestanding sign shall be limited in height to 35 feet, provided that
no freestanding sign shall be higher than the building which it identifies or except as
provided in Sections 19.32.150, 19.32.170 and 19.32.180.
Exception: For commercial sites which exceed ten gross acres, permitted height of
a freestanding sign may be increased two feet for each additional increment of five acres in
land area, provided that no freestanding sign shall be higher than the highest point of any
building on the site which it identifies.
(d) The freestanding sign shall contain no promotional copy but shall be limited to the
name of the company or activity being identified and trademark or logo, except where an
approved readerboard is used.
(e) Non - rolling equipment must be displayed from within buildings or glass fronted
cases, except in connection with temporary commercial, industrial or public service
displays.
Section 77 Building identification signs — Displays (TMC 19.32.150)
TMC 19.32.150 and Ordinance 1274, §1(part) are amended as follows:
(a) Businesses in a planned shopping center (mall) shall be allowed signing equal to
6% of the exposed building face area on which the sign is to be placed, up to a maximum
of 500 square feet with a maximum of four such signs allowed per business and not more
than one sign for any particular business allowed on any one exposed building face.
Businesses located on the perimeter of a planned shopping center (mall) in detached,
separate buildings shall be allowed freestanding signs per Section 19.32.140(c)
(b) Identification signs for the center as a whole shall have an aggregate area of not
more than 300 square feet per street which abuts the development, and no one sign shall
contain more than 50% of the allowable sign area, unless approved as a Type 2 decision.
The height of a freestanding sign shall not exceed the
highest portion of any building'in the planned shopping center (mall) which is identified
thereby. Non - rolling equipment and merchandise must be displayed from within
buildings or glass- fronted cases, except in connection with a temporary commercial,
industrial or public service display.
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Section 78 Permitted signs — Height and area allowance (TMC 19.32.180)
TMC 19.32.180 and Ordinance 1274, §1(part) are amended as follows:
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Signs mounted on an exposed building face shall be allowed per Section 19.32.140(a). Hz w
Height and area restrictions for freestanding signs as prescribed in Section 19.32.140(c) 6
may be increased 25% for freeway interchange businesses as defined in Section 19.08.080 v p
upon approval as a Type 2 decision of the Planning Commis ion N w
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Section 79 Definitions - Additional (TMC 21.04.040) co u,
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TMC 21.04.040 and Ordinance 1331, §3, as amended by Ordinance 1344, §1 and Ordinance
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In addition to those definitions contained within WAC 197 -11 -700 through 799, when used in �- w
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(1) "Department" means any division, subdivision or organizational unit of the City 0 N
established by ordinance, rule or order. 0 E-
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(2) "Early notice" means the City's response to an applicant stating whether it considers f' .
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1599, §7(1) are amended as follows:
issuance of the Determination of Significance likely for the applicant's proposal.
(3) "Environmentally sensitive area": see Section 21.04.300.
(4) "Notice of action" means the notice (as specified in RCW 43.21C.080) of the time for
commencing an appeal of a SEPA determination that the City or the applicant may give following
final City action upon an application for a permit or approval when the permit or approval does
not have a time period set by statute or ordinance for commencing an appeal.
(5) "Official notice" means the notice that the City shall give of the datc and place for
(6 "SEPA Rules" means WAC Chapter 197 -11 adopted by the Department of Ecology.
Section 80 Categorical Exemptions and Threshold Determinations - Time Estimates
(TMC 21.04.090)
TMC 21.04.090 and Ordinance 1331, §7 are repealed:
58
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Section 81 EIS - Time for Preparation (TMC 21.04.185)
A new Section 21.04.185 is added to TMC ch. 21.04 as follows:
Unless a different time limit is agreed to by the Department and the applicant, the time limit for
completion of environmental impact statements for purposes of TMC 18.104.130 shall be 365
calendar days from the date of issuance of a Declaration of Significance. The following periods
shall be excluded from this 365 -day period:
1. Any period of time during which the applicant has been requested by any City
department, agency or hearing body with jurisdiction over some aspect of the EIS to correct
plans, perform required studies, or provide additional information. The period shall be calculated
from the date the applicant is notified of the need for additional information until the earlier of (a)
the date the department, agency or hearing body determines whether the additional information
satisfies the request, or (b) fourteen days after the date the information has been provided to the
department, agency or hearing body. If the department, agency or hearing body determines that
the action by the applicant is insufficient, it shall notify the applicant of the deficiencies and the
procedures of this section shall apply as if a new request for information had been made.
2. Any additional time period for preparation of the EIS agreed upon by the
Department and the applicant.
Section 82 Public Notice - Procedure (TMC 21.04.210)
TMC 21.04.210 and Ordinance 1331, §19 as amended by Ordinance 1344, §10 are amended as
follows:
(a) Whenever public notice is required, the City shall follow the procedures set forth in this
section.
(b) Public notice will be given in the following situations:
(1) When the City issues the following Determinations of Non - Significance (DNS):
(A) DNS involving another agency with jurisdiction,
(B) DNS involving the demolition of any structure or facility not exempted b.
WAC 197 -11- 800(2) (f) or 197 -11 -880,
(C) DNS involving the issuance of a clearing or grading permit not exempted
by WAC 197 -11 -800 through 197 - 11890,
(D) DNS issued following a request for early notice pursuant to WAC 197 -1
350(2),
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(E) Mitigated DNS issued pursuant to WAC 197 - 11350(3),
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(F) DNS issued following the withdrawal of a DS pursuant to WAC 197 -11-
(2) When the City issues a Determination of Significance to commence scoping;
(3)
When a draft EIS (DEIS) is available for public comment;
(4) Whenever the City holds a public hearing pursuant to WAC 197 -11 -535, provided
that if the project requires a Type 3, 4 or 5 decision, such hearing shall be consolidated with the
public hearing on the merits of the project.
(5)
Whenever the responsible official determines that public notice is required.
(c) The City shall give public notice by using the public notice procedures set forth in TMC
18.100.120 and .130.
(d)
Notice of public hearings on non - project proposals shall be published in a newspaper of general
circulation in the City.
(e) The City may require an applicant to compensate the City for the costs of compliance
with the public notice requirements for the applicant's proposal and/or provide services and .
materials to assist.
Section 83 Appeals (TMC 21.04.280)
TMC 21.04.280 and Ordinance 1331, §25 as amended by Ordinance 1344, §11 are amended as
follows:
(a) In the event that the Department issues a Mitigated Determination of Non - Significance
(MDNS), any party of record mai file an appeal challenging either the conditions which were
imposed or the failure of the Department to impose additional conditions.
section:- No other administrative SEPA appeal shall be allowed.
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(b) All appeals filed pursuant to this section must be filed in writing with the Department
City Clerk within fourteens calendar days of the date of issuance of the MDNS.
(c) All appeals pursuant to this section shall be consolidated with the public hearing on the
merits of a Type 3, 4 or 5 decision. In the event that an appeal related to a Type 2 decision is
filed pursuant to this section, such appeal shall be consolidated with an appeal on the merits of
the application. No appeals pursuant to this section shall be permitted for proposals which
involve only Type 1 decisions.
(d)
shat be made de novo. The substantive and procedural determination by the City's responsible
official shall carry substantial weight in any appeal proceeding.
(e) For any appeal under this section, the City shall pfovtide for a record that shall consist of
the-fellewin•
(3) A taped or written transcript.
Section 84 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance be
declared unconstitutional or invalid for any reason, such decisions shall not affect the validity of
the remaining portion of this ordinance.
Section 85 Effective date
This ordinance shall apply to all land use permit applications filed on and after April 1,
1996, except applications for road vacations, landmark designations, and approvals
related to the use of public areas or facilities.
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PLANNING COMMISSION
MINUTES
MAY 9, 1996
(Approved 5/16/96)
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Members Present: Commissioners Marvin, Neiss, Stetson, Meryhew, 0 o
Livermore, and Malina. co °
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Representing the Staff: Steve Lancaster, Director of Community
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Development, Jack Pace, Senior Planner, Vernon Umetsu, Associate Planner, Bob 2
Johns, Land Use Attorney, Reed McClure. g
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Chairman Marvin opened the meeting at 6:00 P.M. I" w
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Steve Lancaster provided introductory and contextual comments about the z o
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overall review process, HB 1724 required changes by cities, concurrency
standards and miscellaneous Zoning Code amendments. These comments are ci
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HB 1724 required changes were made based on State requirements, policy o
direction given by a joint meeting of the City Council, Planning Commission and w z
Board of Adjustment, and staff judgment for items which were not specifically o
addressed by the above.
A concurrency ordinance for transportation, sewer and water is proposed to
implement the adopted comprehensive plan policies for these infrastructure
elements. This ordinance also includes miscellaneous amendments to standards
for unclassified uses, related to the Baker Commodities /City of Tukwila law
shits. Staff considers the changes both clarifying and desirable on their own
merits.
Technical code amendments to existing ordinances are also proposed to
implement the above changes, and ensure consistency throughout the Tukwila
Municipal Code.
Commissioner Malina asked if extra silos would be put in at Baker Commodities.
Steve Lancaster explained how an expansion of a non - conforming use and an
intensification of an existing use are different in the eyes of the courts. An
expansion requires a public hearing. An intensification requires no more than a
permit without a hearing. The difference is that an expansion results in increased
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Planning Commission Minutes
May 9, 1996
Page 2
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production capacity. If production capacity is not increased, standards are met,
and traffic is not increased, there is no requirement to go through an unclassified
use permit process. The court ruled that the permit for Baker's new tanks must
be issued, so that is now behind us. In the future, if traffic increases they must go
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to increase traffic over the years. 6
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Mr. Lancaster noted that staff has proposed several issues for further review. w W
Another issue concerns signage when SEPA notice is required. The Commission LU
agreed unanimously to exempt single family homes from posting a 4x4 sign as is co - u
currently required in the language. W o:
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Vernon Umetsu began with a substantive review followed by a detailed review N �:
of the 1724 document. Attachment A of the Commission's packet, which shows w
types of permits and decision makers was reviewed first. z m.
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Type 1 decisions: Very objective, technical, administrative decisions. No j
appeal opportunity.
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Type 2 decisions: Some discretion involved by staff decision makers. These ° ~
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Type 3 decisions: Variances, zoning map questions, Board of Adjustment. w w
These may be appealed to Superior Court.
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Type 4 decisions: Open record, Board of Adjustment or Planning Commission
decisions. May be appealed to City Council.
Type 5 decisions: The decision is made by City Council and may be appealed
to Superior Court.
The Type 1 flow chart for permit processing was reviewed. The 120 days for
permit processing doesn't begin until the application is determined to be
complete. The cycle to determine an application is complete may be repeated
indefinitely. The applicant is vested once complete application is determined to
have been reviewed. Various questions from the Commission were answered.
No changes were proposed by the Commission except to change the public
notice for single family construction which requires SEPA review from posing a
4'x4' sign, to publication in the newspaper.
The Type 2 permit processing flow chart was reviewed. The flow chart needs to
be corrected to show the arro* flows from Public Comment Period to Decision
on Application (not to Appeals as currently indicated). A SEPA notice is always
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Planning Commission Minutes Page 3
May 9, 1996
required when 500 or more cubic yards of dirt are excavated. Various questions
from the Commission were answered. No changes were proposed by the
Commission.
The Type 3 permit processing flow chart was reviewed, including the public
notice requirements for posting the site and mailing to all property owners,
residents and businesses within 500 ft. of the site. Changes were proposed by the
Commission.
The Type 4 permit processing flow chart was reviewed. The same public notice
is required as in Type 3 permits. The second flow chart box indicating
"Application Resubmitted Completeness Reviewed (14 days)" was corrected to
read, "Public Comment Period ". An arrow was also added from the box
indicating "Closed Record Appeal..." to the box indicating "Notice of Decision on
Appeal." Various questions from the Commission were answered. No changes
were proposed by the Commission.
The Type 5 permit processing flow chart was reviewed. The decisions made by
the City Council may be appealed to Superior Court. All of these decisions
previously required Planning Commission initial review. This is now precluded
by the HB 1724 limit to one open record hearing, which the City decided should
be held by the City Council. Various other questions from the Conunission were
answered. No changes were proposed by the Conunission.
The deadline for written public comments for hearings was discussed by the
Commissioners at length due to their concern about voluminous submittals at the
hearing, which might preclude a considered review, within the 120 day permit
processing period. In conclusion, they agreed that the public notice would
indicate "We strongly encourage written comments 15 days in advance of the
hearing." The Conunission would still accept comments up to the night of the
hearing and continue the hearing, if necessary to deliberate all the new
information received. According to Bob Johns, this is an administrative detail not
requiring a change to ordinance. If it is not working out it can be changed again.
Chairman Marvin called for consensus on Attachment A. It was unanimously
endorsed by the Planning Commission with the corrected flow charts.
A page -by -page review of Attachment B, the draft HB 1724 Ordinance was made.
The first issue discussed was 18.104.120 concerning mailed notice. The validity
of the Assessors' Office mailing list was questioned due to inaccuracies and
mailed notice going to the lending institution instead of the property owner.
However, an alternative source was not identified at this time. It was suggested
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Planning Commission Minutes
May 9, 1996
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that water district mailing list would be superior, however, there are multiple
water districts serving Tukwila so that is not currently feasible. Various
questions from the Commission were answered. No changes were proposed by
the Commission.
Vernon Meryhew proposed that we accept Attachment B. It carried
unanimously.
Vernon Umetsu suggested review of the memorandum to the Planning
Commission, dated May 3,1996. The four Planning Division issues raised on
page 3 of the memo were reviewed and all supported by consensus of the
Planning Commission.
Steve Lancaster reviewed two items under the Director's Report:
1. The City Council confirmed a new member of the Planning Commission:
Cheryl Gunnels.
2. The next regular Planning Commission meeting will be on May 23rd.
There will be two design reviews and three conditional use permits (portables for
the school district). It could be a lengthy hearing. However, the graduating class
from Foster High School asked to be on the agenda. They are requesting
approval to place a public reader board sign which requires BAR review. The
school district supports the senior class request for sign permit review on May
23rd. Both would understand if this is not possible and must be postponed until
the following meeting.
The Commissioners agreed to start at 6:30 p.m. on the 16th, add the Foster sign
request to the end of the agenda and reviewing it if time permits.
Meeting was adjourned at 8:00 p.m.
Minutes prepared by:
Rachel Pizarro, Department of Community Development
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PLANNING COMMISSION
MINUTES
WORK SESSION
MAY 16,1996
Mr. Marvin called the work session to order at 6:00 p.m. All the Commissioners were
present. Representing the staff were Steve Lancaster, Vernon Umetsu, and Sylvia
Schnug. Bob Johns with the law firm of Reed, McClure, was also in attendance. Mr.
Lancaster introduced Sherryl Gunnels, the newest Planning Commission member.
Bob Johns reviewed the amendments to the Draft HB 1724 Ordinance.
Amendments #3 and #7 clarify the SEPA appeals process.
Amendment #4 states that decisions for single family residents that trigger SEPA, need
only be advertised in the newspaper.
Amendment #5 deleted the reference to the Assessor's Office records. The best list to
use for the time being is the surface water list.
Amendment #6 is a clarification of procedure regarding concurrency, which will be
discussed later.
Amendment #7 was already discussed when dealing with Amendment #3.
Amendments #8, #9, and #10 deal with the Baker Commodities Agreement and are
designed to change the code amendments to match the final terms of the settlement
agreement.
Amendment #11 also deals with the Concurrency Standards which will be dealt with
later.
Mr. Meryhew stated that on the flow chart for Type 2, the arrow coming out of "Public
Comment Period" needs to go up one more block to the "Decision on Application ".
'There was a consensus by the Planning Commission to add this change.
Bob Johns then provided an overview for the Draft Ordinance Regarding Concurrency
and Standards.
With regard to page 4, Section 18.57.050, A., the Commission agreed by consensus that
the last sentence should be changed to read, "...including sidewalks and other planning
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Planning Commission Minutes
May 16, 1996
Page 2
features that assure safe walking conditions for students walking to and from school;
and;".
With regard to page 5, Section 14.36.030, A., the Commission agreed by consensus to
delete the word, "be" so the sentence would read, "If water or sewer service to a project
requiring such service from the City of Tukwila cannot meet City standards with
existing facilities, the applicant shall be required to either: ".
Amendment #6 changes Chapter 3 of the Concurrency and Standards Ordinance by
exempting projects which will not generate new traffic trips.
With regard to page 7, Section B., the Commission agreed by consensus to delete the
second "as follows ".
With regard to page 9, the Commission agreed by consensus to delete the list of LOS
Standards since it does not correspond with what was adopted in the Comprehensive
Plan.
Bob Johns continued by saying that page 11 deals with traffic safety hazards.
Chapter 4 is designed to implement the Baker Commodities settlement.. The third
section is modified in the amendment package as amendments #8, #9, and #10.
There was consensus by the Commission to tentatively approve Draft Ordinance
Regarding Concurrency and Standards (attachment C), as amended by the Commission.
Mr. Johns noted that attachment D, the Draft Amendments to Existing Ordinances, is
house - keeping with the intention to conform the existing codes to the new procedures.
He added that page 59, Section 82, creates a time limit for preparation of an EIS with
time outs to obtain information from the applicant. The time period to complete an EIS
is 365 days, with a time out to obtain additional information from the applicant.
The Commission agreed to meet on May 29th to deliberate on the Ordinances.
There was consensus by the Commission that Attachment D, Draft Amendments to
Existing Ordinances is satisfactory as written.
Mr. Marvin closed the work session at 7:40 p.m.
•
Planning Commission Minutes Page 3
May 16, 1996
Verbatim Transcription to follow:
PLANNING COMMISSION PUBLIC HEARING
Mr. Marvin opened the public hearing at 8:00 p.m. Vernon Umetsu will present the
staff report, thank you.
Mr. Umetsu: The item before us tonight are procedural revisions to the Tukwila
Municipal Code, various chapters, to incorporate several things. First, the procedural
requirements of House Bill 1724, second, Concurrency Standards as reflected in adopted
Tukwila Comprehensive Plan policies regarding sewer, water and transportation and
'incorporating that policy language into a concurrency ordinance. Third, miscellaneous
zoning code amendments relating to the intensification and expansion of legally non-
conforming uses; as well as maintenance and operation facilities. And finally, technical
amendments to implement the above changes to the zoning code. In general, these
provisions have been distributed to the Planning Commission and, as well as various
amendments, recommended by the Planning staff and as well as further amendments
recommended by the Planning Commission, and we submit these as the appropriately
numbered exhibit. In general, the staff finds these amendments to be consistent with
the Tukwila Comprehensive Plan, the State Growth Management Act, and House Bill
.1724. Are there any questions? Thank you. We recommend approval, certainly.
Mr. Marvin: Thank you Vern. O.k., at this time we'll give citizens an opportunity to
comment on Tukwila's development codes for House Bill 1724. I have one name on the
speaker sign up sheet, Charlie Frame, would you like to come to the podium? Please
state your name and address for the record.
Good evening, my name is Charlie Frame. I work at 5795 S. 130h Place in Tukwila. I'm
here tonight to express our thanks to you and especially to the Planning staff. As you
know, Baker has voiced many concerns about the Comp PIan and the process during
the past year. Your staff has worked hard and long to understand these concerns and
resolve then. We believe the language you are considering accomplishes two things: it
resolves our concerns about remaining viable and it presents the City with adequate
controls over our facility. You have our assurance that we will continue to work to be a
good neighbor, to be a good citizen in the city of Tukwila. And again, I would like to
thank the staff and the Planning Commission. Thank you.
Mr. Neiss: Charlie, I have a quick question for you. Have you seen the amendments
that have been submitted? Do you have a copy of the amendments that were
submitted?
Mr. Frame: I do have a copy of the amendments, yes I do.
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Planning Commission Minutes
May 16, 1996
Page 4
Mr. Neiss: O.k., and these are accurate with the agreement that was reached between
yourself and, the City?
Mr. Frame: I believe what you're looking at there... There's a few words that Bob
Johns... I'll turn this over to him for a second.
Mr. Johns: They pointed out that we missed a couple of words in there that can be
fixed with better (inaudible).
Mr. Neiss: But the flavor?
Mr. Frame: Absolutely, absolutely, we're with it. I appreciate you asking that
.question and bringing it up.
Mr. Meryhew: It may be inconsequential for us, but not for them.
Mr. Johns: They don't change the meaning of it. They are necessary for it to make
sense.
Mr. Frame: Any other questions?
Mr. Neiss: That's it, thanks.
Mr. Frame: O.k., again, thank you so much.
Mr. Marvin: Thank you. Is there anyone else who would like to speak? O.k., we have
no takers. We'll keep the hearing open until 8:15 p.m. in case anyone else shows up that
would like to speak. I would also like to remind everyone that June 13th will be the
City. Council public hearing on this matter also, so...
.Mr. Lancaster: That's a tentative date.
Mr. Marvin: Tentative date, o.k. But that is ahead. In the meantime, let's go ahead and
review our minutes from May 9th, take a look at those.
Mr. Meryhew:
written.
I'll make a motion that we approve the minutes of May 9th as
Mr. Livermore: I'll second that.
Mr. Marvin: I have a motion and a second. All those in favor?
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All Commissioners voted approval of the minutes for May 9th.
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Planning Commission Minutes
May 16, 1996
Page 5
Mr. Marvin: Any other business? If there is no other business, I will close the public
hearing and adjourn the meeting. Meeting adjourned.
Prepared By,
Sylvia Schnug
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Attachment E
TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT
INTER- OFFICE MEMO
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FROM: Steve Lancaster 2
SUBJECT: Results of Joint Meeting on ESHB 1724 a Regulatory Reform Policy Issues 1- _;
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The joint meeting of the City Council, Planning Commission and Board of Adjustment was o !;
extremely helpful to staff in our efforts to develop land use permitting procedures and • = w'
requirements that will meet new state requirements under ESHB 1724. The consensus reached LL �;
by the group on several important issues, will allow us to develop ordinances that reflect your z
policy direction. Obviously, there will be many details to work out, but I feel we made a .cw.) =j
significant step forward. o
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The attached tables reflect my understanding of the decisions reached by the group on the
following issues:
• Issue #1: What types of permit applications will require an open record hearing?
• Issue #2: Who will hold those open record hearings? •
• Issue #3: For what types of permits will a closed record appeal be available, and who will
conduct the appeal?
• Issue #4: For what types of staff decisions should an open record appeal be available, and
who should conduct the appeal?
• . Issue #5: What public notice methods should be used for the various types of permit
applications?
No specific decisions were made regarding Issues # 6 and 7. Staff indicated we may recommend
that the Sensitive Areas Overlay regulations in the Zoning Code be designated as providing
adequate regulation of environmentally sensitive areas, which would mean that duplicative case -
by -case review under SEPA would no longer be required (Issue #6). We further indicated that
we are not yet in the position of designating "planned areas" as allowed by 1724, but will be
looking at doing so in the future (Issue #7).
Page 2 of 2
Joint Meeting
02 -28 -96
We will be using the decisions /direction reflected in this memo and the attached tables to
develop the draft ordinances that will be formally reviewed by the Planning Commission and
City Council this spring. It would be extremely helpful to us if each of you would review this
information and let us know if your understanding of the group's consensus differs from ours.
cc: John McFarland
Linda Cohen
Bob Johns
Jack Pace
DRC Policy Committee
1724 Staff Committee
Planning Staff •
PUBLIC HEARINGS
ISSUES #1,2 &3
ISSUE #1
OPEN RECORD
HEARING?
ISSUE #2
WHO HOLDS OPEN
RECORD HEARING ?1
ISSUE #3
CLOSED RECORD
APPEAL ?2
Design Review
Special permission
(unique signs)4
Reasonable use
exception (SAO)
Conditional use
permit
Unclassified use permit
Planned residential
development (PRD)
Variance (zoning,
signs, LAO, sidewalk)
Subdivision
(preliminary plat)
Rezone
NOTES:
•
YES3
YES
YES
YES
YES
(+ informational mtg)5
YES
(+ informational mtg)5
YES
YES
(+ informational mtg)5
YES
(+ informational mtg)5
BAR
PLANNING
COMMISSION
PLANNING
COMMISSION
PLANNING
COMMISSION
CITY COUNCIL
CITY COUNCIL
BOARD OF
ADJUSTMENT
CITY COUNCIL
CITY COUNCIL
CITY COUNCIL
CITY COUNCIL
CITY COUNCIL
CITY COUNCIL
(Appeals go to
Superior Court)
(Appeals go to
Superior Court)
(Appeals go to.
Superior Court)
(Appeals go to
Superior Court)
(Appeals go to
Superior Court)
1. Where a permit application would otherwise require an open record hearing by both the Planning Commission/BAR
and the City Council, the City Council shall hold the single open record hearing.
2. Ordinance will make it clear that, when considering an appeal, City Council may remand to the Planning Commission
for further investigation of specific issues.
3. Following development of more detailed design criteria, design review for some minor projects may be shifted to staff,
with appeal to BAR.
4. "Special permission" for parking and for signs (other than "unique" signs as defined in the sign code) will be decided
by the DCD Director. These decisions will be appealable. See "Administrative Decisions/Appeals: Issue #4."
5. These permits will require an early "public information meeting" where applicant presents proposal. Staff will be in
attendance to explain code requirements and processes.
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ADMINISTRATIVE DECISIONS /APPEALS
ISSUE #4
Code interpretation
Sign permit denial
Special permission (signs, except "unique
signs ")
Parking standard for uses not specified
Special permission (parking)
Minor adjustments to approved PRD
• Minor modifications to BAR - approved
design
Short plat
Binding Site Improvement Plan
Decision maker
DCD Director
DCD Director
DCD Director
DCD Director
DCD Director
DCD Director
DCD Director
Short Plat Committee
Short Plat Committee
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BOARD OF
ADJUSTMENT
BOARD OF
ADJUSTMENT
28896
Tukwila City Council Agenda
John W. Rants, Mayor
John McFarland, City Administrator
Pam Carter, Council President
Councilmembers: Joe Duffle • Allan Ekberg
Jim Haggerton • Joan Hernandez
Pamela Linder • Steve Mullet
June 17, 1996
7:00 p.m.
REGULAR MEETING
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Ord #1767 1-
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1. CALL TO ORDER/ PLEDGE OF ALLEGIANCE/ROLL CALL v v
0
2. SPECIAL PRESENTATIONS -1996 AWC Munici al Achievement Award u) o
3. APPOINTMENTS OF Economic Development Advisory Board: Robert Larsen, J i
THE MAYOR Pos. #12; expires 12/31/97 (Page 3) u) LL,
4. CITIZEN'S At this time, you are invited to comment on items that are not induded uj 0
COMMENTS on this agenda.
5. CONSENT AGENDA a. Approval of Minutes: 06/03/96 u_
b. Approval of Vouchers u d
c. Authorize Mayor to negotiate, under a change order, the Tukwila 1- _
Community Center Phase 11 construction work with Berschauer Z I.-
Constr. Co., at an estimated cost of $400,000. ( Page 7) z O
d. Authorize Mayor to sign an agreement with Hough, Beck and 2 W
Baird in the amount of $50,297 for design of the Tukwila D 0
Community Center Phase II project. ( Page 7)
6. PUBLIC HEARINGS Procedural revisions to achieve consistency with State House Bill 1724; w w
utility and road concurrency standards to assure adequate ! v
infrastructure; zoning standards for reviewing shoreline environment u- p
redesignation, normal maintenance, and unclassified uses including w Z
animal rendering plants. ( Page 9) v
•
7. OLD BUSINESS a. Ordinance granting vacation of a portion of S. 104th St, east of z E-
East Marginal Way S. ( Page 13 )
b. Continuation of review of code amendments per ESHB 1724
(PLEASE BRING YOUR CODE AMENDMENT PACKET) (Pg • 31)
8. NEW BUSINESS a. Authorize Mayor to sign agreement with KPG in the amount of
$32,244.93 for design of S. 144th St. rockery project. ( Page 33 )
b. A resolution establishing a 25 mph speed limit on East Marginal
Way from S. 112th St. to the north city limits during the
construction period. (Page 59 )
c. Authorize Mayor to sign an agreement with Perteet Engineering in
the amount of $299,357 for a design report of Pacific Hwy. S. (S.
116th to S. 1152nd). ( Page _65) •
9. REPORTS a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
10. EXECUTIVE SESSION a. Pending land use issue (15 minutes)
b. Legal issue (30 minutes)
11. MISCELLANEOUS
12. ADJOURNMENT
The City of Tukwila strives to accommodate people with disabilities.
Please contact the City Clerk's Office by noon on Monday if we can be of assistance.
HOW TO TESTIFY
you would like to address the Council, please go to the podium and state your name and address clearly for
.e record. Please observe the basic rules of courtesy when speaking and limit your comments to five
.inutes. The Council appreciates hearing from citizens but may not be able to take immediate action on
)mments received until they are referred to a Committee or discussed under New Business.
COUNCIL MEETINGS
o Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given.
egular Meetings - The Mayor, elected by the people to a four -year term, presides at all Regular Council
Meetings held on the 1st and 3rd Mondays of each month at 7:00 p.m. Official Council action in the
form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular
Council meetings.
onunittee of the Whole Meetings - Council members are elected for a four -year term. The Council
President is elected by the Council members to preside at all Committee of the Whole meetings for a
one -year term. Committee of the Whole meetings are held the 2nd and 4th Mondays at 7:00 p.m.
Issues discussed are forwarded to the Regular Council meeting for official action.
GENERAL INFORMATION
t each Council meeting citizens are given the opportunity to address the Council on items that are not
.cluded on the agenda during CITIZENS COMMENTS. Please limit your comments to five minutes.
2ecial Meetings may be called at any time with proper public notice. Procedures followed are the same as
those used in Regular Council meetings.
xecutive Sessions may be called to inform the Council of pending legal action, financial, or personnel
matters.
PUBLIC HEARINGS
iblic Hearings are required by law before the Council can take action on matters affecting the public
terest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the
akwila Municipal Code states the following guidelines for Public Hearings:
The proponent shall speak first and is allowed 15 minutes for a presentation.
The opponent is then allowed 15 minutes to make a presentation.
Each side is then allowed 5 minutes for rebuttal.
Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second
time until everyone wishing to speak has spoken.
After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the
question, but may not engage in further debate at this time.
After the Public Hearing is closed, the Council may discuss the issue among themselves without further
public testimony. Council action may be taken at this time or postponed to another date.
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OUNCE, AGENDA SivOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
5/1/96
V.U.
Original Sponsor: Council Admin. X
Timeline: 'June 3 through June 30, 1996
6/3/96
V. .
PI/
Administration: Approve proposed regulations.
Cost Impact (if known): NA
Fund Source (if known): NA
ITEM No.
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CAS Number: IF 6 ♦ 063
Original Agenda Date: May 6, 1996
Agenda Item Title: - 1724 Code Amendments .
* ** *6/17/95 * * ** PUBLIC HEARING , • .
Original Sponsor: Council Admin. X
Timeline: 'June 3 through June 30, 1996
Sponsor's Summary: Staff to present Planning Commission recommendations on Code amendments.
•
Recommendations: .
Sponsor. Approve proposed regulations. .
Committee: '
Administration: Approve proposed regulations.
Cost Impact (if known): NA
Fund Source (if known): NA
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� .$w'� .• �y z[,'�F�•>y” f� x '' S:?•,- li,k'...:4... 'a.•` r,...: :,..A .X.i1:,3�'ji...:<'� ti — ' . 1 i3YF, .4, 'R'' , 417.1441%514 k0 '!'.. x
Meeting Date
Action
5 -1 -96
Schedule approved.
(%o/W.,
Review of proposed amendments
6/17/96
Public Hearing; continued discussion of proposed regulations
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Meeting Date
Attachments
May 6, 1996
Memorandum to City Council from Mayor Rants dated May 2, 1996.
June 3, 1996
Memorandum to City Council from Mayor Rants dated May 30, 1996.
June 3, 1996
Planning Commission recommendation.
6/17/96
* *No attachments **
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CITY OF TUKWILA
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Tukwila City Council will hold a public hearing
on June 17, 1996 at 7:00 p.m. in the Council Chambers at Tukwila City Hall, 6200
Southcenter Blvd., Tukwila, to hear public testimony on the following issues:
1. Procedural revisions to achieve consistency with State House Bill 1724;
2. Utility and road concurrency standards to assure adequate infrastructure;
3. Zoning standards for reviewing shoreline environment redesignation,
normal maintenance, and unclassified uses including animal rendering
plants.
Any and all interested persons are invited to be present to voice approval, disapproval, or
opinions on this issue.
Published: Seattle Times - June 7, 199
Jane E. Cantu
City Clerk
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City of Tukwila
Department of Community Development
John W. Rants, Mayor
Steve Lancaster, Director
TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT
INTER - OFFICE MEMO
TO: Mayor Rants
City Council
FROM: Steve Lancaster
SUBJECT: Tentative modifications to Planning Commission recommendations for
Ordinances implementing ESHB 1724
DATE: June 14, 1996
Attached are the tentative modifications to the Planning Commission's recommended regulatory reform
ordinances, as discussed at the City Council's June 3 and June 10 meetings. Changes to the Commission's
recommended language are indicated by both underlining/ and by bars in the page margins.
The following table provides an index of these tentative changes. Please note that the proposed change to
Attachment B, Section 18.104.070.F has not been discussed previously by the City Council, but has been
recommended for clarity by acting City Attorney Jim Haney.
CC_MODS.DOC
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
_11
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Attachment
Section
Modification
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
Attachment C
Attachment C
Attachment C
Attachment D
Attachment D
Attachment D
Attachment D
Attachment D
18.104.010.B
18.104.010.0
18.104.070.F
18.108.020.E
18.108.050.B
18.108.120.A
9.48.030.A
9.48.070
14.36.030.A.2
18
(modifying 17.12.020(a)(2))
Clarifies that Type 1 decisions are appealable to
Superior Court.
Changes party who hears appeals of "parking standard
for use not specified" from BOA to City Council.
Clarifies City's ability to request additional information
after application deemed complete.
Clarifies appeal body for projects involving more than
one Type 2 permit.
Clarifies that shoreline conditional use permits not
appealable to City Council (they are appealable to State
Shoreline Hearing Board, per state law).
Clarifies staff and applicant roles at public information
meeting (Type 5 process).
Corrects drafting error.
Clarifies procedure for conducting traffic impact studies
and determining mitigation payments /improvements.
Clarifies language regarding water or sewer impact
mitigation.
Deletes reference to preliminary plat application fee
(moved to fee table, Section 59, below).
19 Deletes reference to final plat application fee (moved to
fee table, Section 59, below).
(modifying 17.12.040(a)(2))
19 Removes potentially inconsistent time limit on Council
(modifying 17.12.040(d)(4))
CC_MODS.DOC
53
(modifying 18.80.020)
consideration of final plat.
Changes date for annual consideration of
comprehensive plan and development regulation
amendments, from October to March.
59 Adds preliminary and final plat fees to fee table;
(modifying 18.88.010)
corrects drafting error.
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Section 18.104.010 Classification of Project Permit Applications
A. Project permit decisions are classified into five types, based on the amount 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.
B. Type 1 decisions are made by City administrators who have technical expertise as
designated by ordinance. Type 1 decisions are nen -appealable administrative decisions not
subject to administrative appeal. The only appeal for Type 1 decisions is to Superior Court.
Public notice is not required for Type 1 decisions.
Type 1 Decisions:
TYPE OF PERMIT:
DECISION MAKER: .
Building Permit
Building Official
Utility Permit
Public Works Director
•
Sign Permit, except for those sign
permits specifically requiring approval
of the Planning Commission or denials of
sign permits which are appealable
Community Development Director
•
Land Alteration
Public Works Director
_
Boundary Line Adjustment, including
Lot Consolidation
Community Development Director
Minor Modification to PRD (TMC
18.46.130)
Community Development Director
Minor modification to BAR approved
design (TMC 18.60.030)
Community Development Director
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
As specified by Ordinance
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C. 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 Board of Adjustment, Planning Commission, City Council, or, in the case of
shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW ch. 90.58.
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(open record appeal)
Administrative Planned
Residential Development (TMC
17.08.040)
Short Plat Committee
Board of Adjustment
Short Plat (TMC 17.08.060)
Short Plat Committee
Board of Adjustment
Board of Adjustment
Binding Site Improvement Plan
(TMC 17.16.090)
Short Plat Committee
Shoreline Substantial
Development Permit (TMC ch.
18.44)
Community Development
Director
State Shoreline
Hearings Board.
Decision regarding Sensitive
Areas (except Reasonable Use
Exception) (TMC 18.45.125)
Community Development
Director
Planning
Commission
_
Special Permission Parking, and
Modifications to Certain Parking
Standards (TMC 18.56.060 and
.070)
Community Development
Director
City Council
Parking standard for use not
specified (TMC 18.56.100)
Community Development
Director
City Council Beard
Code Interpretation (TMC
18.90.010)
Community Development
Director
Board of Adjustment
Special Permission Sign, except
"unique sign" (various sections of
TMC Title. 19)
Community Development
Director
Planning
Commission
Sign Permit Denial (TMC
19.12.040)
Community Development
Director
Planning
Commission
Sign Area Increase (TMC
19.32.140)
Community Development
Director
Planning
Commission
2
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D. Type 3 decisions are quasi-judicial decisions made by the Board of Adjustment
following an open record hearing. Type 3 decisions may be appealed only to Superior Court,
except for shoreline variances which may be appealed to the State Shoreline Hearings Board
pursuant to RCW 90.58.
TYPE OF PERMIT
DECISION MAKER
Variance (zoning, shoreline, sidewalk, land
alteration)
Board of Adjustment
Resolve uncertain zone district boundary
Board of Adjustment
E. 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 City Council, which will hold a closed record appeal hearing based on the record
established by the Board of Architectural Review or Planning Commission, except Shoreline
Conditional Use Permits, which are appealable to the State Shoreline Hearings Board pursuant to
RCW ch. 90.58.
TYPE OF PERMIT
INITIAL DECISION
MAKER
APPEAL BODY
(closed record appeal)
Shoreline Conditional Use Permit
(TMC 18.44.050)
Planning Commission
State Shorelines
Hearings Board •
Reasonable Use Exceptions under
Sensitive Areas Ordinance
(TMC 18.45.115)
Planning Commission
City Council
Design Review
(TMC ch. 18.60, 18.56.040 and
Shoreline Master Program)
Board of Architectural
Review
City Council
Modifications to Certain Parking
Standards (TMC 18.56.040)
Board of Architectural
Review
City Council
Conditional Use Permit
(TMC 18.64)
Planning Commission
City Council
Landscaping for Changes to
Nonconforming Uses
(TMC 18.70.090)
Board of Architectural
Review
City Council
Unique Signs (TMC 19.28.010)
Planning Commission
City Council
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F. Type 5 decisions are quasi-judicial decisions made by the City Council following an open
record hearing. Type 5 decisions may be appealed only to Superior Court.
TYPE OF PERMIT
DECISION MAKER
Subdivision - Preliminary Plat
(TMC 17.12.030)
City Council
Subdivision - Final Plat •
(TMC 17.12.040)
City Council
Planned Residential Development
(PRD), including Major Modifications
(TMC ch. 18.46)
City Council
Unclassified Use (TMC ch. 18.66)
City Council
Rezone (TMC ch. 18.84)
City Council .
Shoreline Environment Redesignation
(Shoreline Master Program)
City Council
4
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revised 6/12/96
Section 18.104.070 Notice of Complete Application to Applicant
A. Within twenty -eight (28) days following receipt of a permit application, the
Department shall mail or provide in person written notice to the applicant that the application is
either complete or incomplete. If the application is incomplete, the notice shall state with
specificity what is necessary to make the application complete. To the extent known by the
Department, the notice shall identify other agencies of local, state, regional or federal
governments that may have jurisdiction over some aspect of the development proposal.
B. An application shall be deemed complete under this section if the Department
does not provide written notice to the applicant that the application is incomplete within the 28
day period as provided herein.
C. if the application is incomplete and the applicant submits the additional
information requested by the Department, the Department shall mail or provide in person
written notice to the applicant, within fourteen (14) days following the receipt of the additional
information, whether the application is complete or what further information, specified by the
Department as provided in Subsection A, is necessary to make the application complete. An
application shall be deemed complete if the Department fails to provide written notice to the
applicant within such 14 day period that the application is incomplete.
D. An application shall be. conclusively deemed to be complete on the Department's
issuance of a notice of complete application as provided in Subsections A or C hereof, or the
expiration of the time periods for issuance of such a notice as provided in Subsections B or C
hereof.
E. The Department shall cancel an incomplete application if the applicant fails to
submit the additional information required by Subsection A or C within ninety (90) days
following notification from the Department that the application is incomplete. The Department
may extend this cancellation date up to 120 additional days if the applicant submits a written
request for an extension prior to cancellation. The request must clearly demonstrate that the
delay is due to circumstances beyond the applicant's control (such as the need for seasonal
wetland data) or unusual circumstances not typically faced by other applicants, and that a good
faith effort has been made to provide the requested materials.
F. The fact that an application is deemed complete pursuant to this section shall not,
under an circumstances revent the Ci from subse uentl re uestin • additional information
or studies re
ardin
an as
ect of a
ro
osed
. .
ect which is deemed necess
to a com
lete
review of the proposed project.
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Section 18.108.020 Type 2 Decision Process
A. All Type 2 decisions shall be made by the Director, or in appropriate cases, the z
Short Plat Committee, pursuant to the procedures set forth in TMC ch. 18.104. 1 a •
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E. In the event that a project involves more than one Type 2 decision appealable to D oU N
different bodies and no Type 3, 4 or 5 decision, all appeals shall be consolidated in the following o 1-i
sequence: = w-
1. If an appeal to the City Council is involved, all appeals of Type 2 — z.
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decisions shall be consolidated before the City Council. U
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2. If no appeal to the City Council is involved, all appeals of Type 2 decision
shall be consolidated before the Planning Commission.
F. All appeals of Type 2 decisions shall be open record appeals, processed pursuant
to the time limits and other procedures for such appeals specified in TMC ch. 18.116.
G. At the conclusion of an open record appeal hearing on a Type 2 decision, the
hearing body shall render a written decision, including findings of fact and conclusions, and the
Department shall promptly issue a Notice of Decision pursuant to TMC 18.104.170.
H. The decisions of the Board of Adjustment, the Planning Commission and the City
Council regarding Type 2 decisions shall be final and shall be appealable only to Superior Court
pursuant to RCW ch. 36.70C.
a rsi nas r 1,A
6/6/96
Section 18.108.050 Type 4 Decision Process
A. Type 4 decisions shall be made by the Board of Architectural Review or Planning
Commission, as appropriate, following a open record public hearing.
B. Type 4 decisions by the Board of Architectural Review or Planning Commission,
except shoreline conditional use permits, shall be final unless an appeal is filed to the City
Council pursuant to TMC ch. 18.116.
C. At the conclusion of a public hearing on a Type 4 decision, the Board of
Architectural Review or Planning Commission shall render a written decision, including fmdings
of fact and conclusions, and the Department shall promptly issue a Notice of Decision pursuant
to TMC 18.104.170.
D. All appeals of Type 4 decisions shall be filed with the Department within the
time limits specified in TMC 18.116.010, except shoreline conditional use permits, which shall
be appealable only to the State Shoreline Hearings Board pursuant to RCW ch. 90.58. The
Department shall coordinate scheduling of any City appeal hearing with the City Council.
E. All appeals of Type 4 decisions except shoreline conditional use permits, shall be
closed record appeals, processed pursuant to the time limits for such appeals specified in TMC
18.104.130.
F. At the conclusion of a closed record appeal hearing on a Type 4 decision, the City
Council shall render a written decision, including findings of fact and conclusions, and the
Department shall promptly issue a Revised Notice of Decision pursuant to TMC 18.104.170.
G. The decision of the City Council regarding a Type 4 decision shall be final and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
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Section 18.108.120 Type 5 Decision Process
A. The Notice of Application for a Type 5 decision shall set a date for a public
meeting, which shall be conducted at least 5 calendar days prior to the end of the public comment
period and at least 14 calendar days prior to the City Council public hearing. The public meeting
shall be staffed by a representative of the Department, who shall explain the decision criteria
applicable to the proposal and the process by which decisions will be reached.
. The applicant or applicant's representative shall may, but- is-net
describe the proposal which is
the subject of the application. Information and comments submitted at the public meeting shall
be considered by the Department in the preparation of its recommendation to the City Council,
but shall not constitute part of the public record to be considered by the City Council in its
deliberations.
B. Type 5 decisions shall be made by the City Council following an open record
public hearing.
C. At the conclusion of a public hearing on a Type 5 decision, the City Council shall
render a written decision, including findings of fact and conclusions, and the Department shall
promptly issue a Notice of Decision pursuant to TMC 18.104.170.
D. The decision of the City Council regarding a Type 5 decision shall be fmal and
shall be appealable only to Superior Court pursuant to RCW ch. 36.70C.
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Section 9.48.030 Level of Service Standards
A. Level -of- service ( "LOS ") gradations shall be measured with volume to capacity z
ratios graded from LOS A to LOS F and measured in average delays at intersections or average •
travel speeds on corridors, exeept -as provided in subsection B. , ;�!;
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B. Volume to capacity (C) ratios shall be used to quantify LOS for corridors as co o
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C. The Department of Public Works may, in its discretion, utilize either a standard
LOS gradation system or, in the case of intersections that are experiencing high congestion, an
expanded LOS gradation system to evaluate. The LOS gradations for intersections, based on
average delays are:
Level of Service
A
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Existing Expanded
<7.5 seconds < 7.5 seconds
7.5 -15 seconds 7.5 - 15 seconds
15.1 - 25 seconds 15.1 - 25 seconds
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25.1 - 40 seconds
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60 - 120 seconds
120 - 180 seconds
180 - 240 seconds
240 - 300 seconds
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Section 9.48.070 Traffic Studies & Mitigation
A. TMC 9.48.050 identifies Level of Service standards for specific areas and z
corridors that can be maintained by making improvements identified in the Transportation
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are also established for other non - specific arterials and for access streets. 6
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B. Fairshare mitigation costs /trip for the specific areas and corridors identified in
TMC 9.48.050 are provided in the Transportation Element and subsequent updates of the
Capital Improvement Plan.
C. Any proposed project which requires a Type 1, 2, 3, 4 or 5 decision and which
will generate more than five (5) or more vehicle trips in an AM, noon, or PM peak hour period
shall submit, as part
of the application process, a trip generation analysis using standard generation rates published by
the Institute of Transportation Engineers, other standard references, or from other documented
information and surveys approved by the Department of Public Works. In addition, such
projects shall submit a trip distribution study, unless the requirement for such study is waived
by the Department of Public Works.
D. E If the trip generation and distribution studies demonstrate that the proposed
project will generate five (5) or more additional peak hour traffic trips in a
specific area or corridor prior to the horizon year established by the Transportation Element of
the Comprehensive Plan
sus established in TMC 9.48.050, impact mitigation fees shall be paid for the fairshare
mitigation costs established in the Transportation Element of the Comprehensive Plan or
subsequent Capital Improvement Plan.
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E. If the tripseneration and distribution studies demonstrate that the roposed
ro'ect will enerate five 5 or more additional • eak hour traffic tr i • s on an
non -s
ecific arterial
or access street such that the intersection, corridor, or area will be below the Level of Service
standards established in TMC 9.48.050, prior to the horizon year established by the
Transportation Element of the Comprehensive Plan,
• •
the
Director the Department of Public Works shall require, as appropriate to the particular
circumstances, one of the following methods for mitigation of the project's traffic impacts:
1. Require the applicant to pay a mitigation payment equal to the applicant's
proportionate fair share of the cost of the improvements necessary to restore the intersection,
arterial(s) or access street(s) eerrider to (1) the level of service that would exist at the time the
project is completed, but without project traffic, or (2) the level of service standard established in
TMC 9.48.050; or
2. Require the applicant to complete the improvements required to restore
Ithe intersection(s) arterial(s) or access street(s) ' o (1) the level of service
that would exist at the time the project is completed, but without project traffic, or (2) the level
of service standard established in TMC 9.48.050; or
3. In appropriate cases, mitigation may consist of a combination of
improvements constructed by the applicant and mitigation payments.
If the proposed project does not generate five (5) or more additional peak hour traffic trips at an
intersection or corridor will be below the Level of Service standards established in TMC 9.48.050
prior to the horizon year for the Transportation Element of the Comprehensive Plan, no
mitigation under this section will be required.
F.1): A project applicant shall have the right to mitigate all or a portion of the capacity
impacts of a project by utilizing capacity mitigation measures, including but not limited to,
carpooling and rideshare programs, widenings (roadway, lane, radius), signal improvements, and
other capacity improvements. In the event that mitigation measures such as carpooling and
rideshare programs are proposed, the applicant shall execute such agreements with the City as are
necessary to assure the permanent availability of such programs.
a& In the event that the applicant completes improvements which are part of
the Circulation System adopted in the Comprehensive Plan and the cost of such
improvements exceeds the applicant's proportionate fair share of the cost of such
improvements, the applicant shall be entitled to enter into a Latecomer Agreement with
the City.
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H. F: The Mitigation Payment Schedule for the Transportation Element of the
Comprehensive Plan shall be updated at least -enee -every three years or with the annual
Capital Improvement Plan update.
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Section 14.36.030 Mitigation
A. If water or sewer service to a project requiring such service from the City of
Tukwila cannot meet City standards with existing facilities, the applicant shall be required to
either:
1. complete the improvements required to provide such level of service; or
2. if the City anticipates that the improvements necessary to meet the City's
water and sewer standards will be constructed within six
years by a public capital facilities project, the applicant may pay a mitigation payment equal to
the applicant's fair share of the cost of the improvements necessary to meet the City's water and
sewer standards - .. • _ - - . _ _ _ . _ - - - • or
In appropriate cases, mitigation may consist of a combination of improvements constructed by
the applicant and mitigation payments.
B. In the event that the applicant agrees to complete improvements pursuant to
subsection A(1), the applicant shall be entitled to enter into a Latecomer Agreement with the
City.
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Section 18 Preliminary Plat Procedures (TMC 17.12.030)
TMC 17.12.030 and Ordinance 1014 (part) as amended by Ordinance 1576, §2 and Ordinance
1599, §6(4) are amended as follows:
Applications for preliminary plat approval shall be processed as Type 5 decision subject to the
provisions of TMC 18.108.050.
(a) APPLICATION:
(1) Application for a preliminary plat shall be filed with the Department of
Community Development ' ies on forms prescribed by that office. A- semplete
ee ot.
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(3) At least five copies of the preliminary plat shall be submitted, which shall be
prepared by a land surveyor.
(4) Fifteen copies of the preliminary plat, photographically reduced to 8 -1/2 inches
. by 11 inches or 8 -1/2 inches by 14 inches, shall accompany the application.
(b) PRELIMINARY PLAT REQUIREMENTS: The following shall be part of the preliminary
plat:
(1) Vicinity Map — Adequate to readily identify the location of the plat in relation to
its surrounding vicinity.
(2) Preliminary Plat — The preliminary plat shall include all of the following:
surveyor;
(A) The subdivision name and number, and the name and address of the and
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(B) The date of preparation, the true north point, a graphic scale and legal
description of the property proposed for subdivision. Plats shall be drawn to an appropriate
engineering (decimal) scale;
(C) All existing conditions shall be delineated. The location, width and names
of all existing or prior platted streets or other public open spaces, permanent buildings and
structures, and section and municipal corporation lines within or adjacent to the property
proposed for subdivision shall be shown. In the case of a resubdivision, the lots, blocks, streets,
alleys, easements and parks of the original subdivision being vacated, shall be shown by dotted
lines in their proper position in relation to the new arrangement of the subdivision, the new
subdivision being clearly depicted in solid lines so as to avoid ambiguity. Existing sewer and
water lines, culverts or other underground facilities within the property proposed for
subdivision, indicating pipe sizes, grades and exact location as obtained from public records, shall
be shown. Boundary lines of adjacent lands, whether subdivided or unsubdivided, shall be
indicated by dotted lines for a distance of 300 feet from the external boundary of the property
proposed for subdivision and shall include the existing land use classification;
(D) A survey of existing trees and vegetation with a retention/removal plan
which assures the preservation of significant trees and vegetation;
(E) Existing contours (solid) and proposed contours (dotted) at intervals of
five feet or less and referenced to the United States Coast and Geodetic Survey (USC & GS)
datum. All contour lines shall be extended at least 100 feet beyond the external boundaries of the
property proposed for subdivision;
(F) The names, locations, widths, and other dimensions of proposed streets,
alleys, easements, parks and other open spaces, reservations, and utilities, together with the
purpose and any conditions or limitations of such reservations clearly indicated;
(0) Clearly indicate the source of water supply, method of sewage disposal,
and manner of surface runoff control;
(H) Indicate the approximate dimensions of each lot and all lot and block
numbers;
(1) Indicate the acreage of land to be subdivided, the number of lots and the
area of the smallest lot.
(c) REFERRAL TO OTHER OFFICES: Upon receipt of a complete and satisfactory
preliminary plat application, the Department of Community Development ' 'erf
shall transmit a Notice of Application and one copy of the preliminary plat to each of the
following offices: Public Works, Building Division, Fire Department, Police Department, King
County Health Department, the appropriate school district, and each public utility agency
serving the area in which the property proposed for subdivision is located. - efse- erageney
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(d) PLANNING DIVISION ACTION:
(-) The Department of Community Development Pia ng- Divisien may determine
that a meeting be conducted to resolve major issues identified as a result of departmental
recommendations. Such meeting shall be attended by those offices or agencies responsible for the
recommendations, and must include the applicant and the Department of Community
Development n The proceedings and results of the meeting shall be
documented.
(g) PLANNING-COMMISSION AM ON:
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fel (33 Approval of a preliminary plat shall constitute approval for the applicant to
develop construction plans and specifications for all facilities and improvements, as required, in
strict conformance to the approved preliminary plat, design standards, and any special conditions
required by the City Council, and to prepare a final plat.
(i ) EXPIRATIONOF PRELIMINARY PLAT: Approval of any preliminary plat shall expire
and become null and void five years ene -year from date of such preliminary plat approval. The
City Council may grant one extension of the preliminary plat approval for a period not to exceed
one year.
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Section 19 Final Plat Procedures (TMC 17.12.040)
TMC 17.12.040 and Ordinance 1014 (part) as amended by Ordinance 1576 are amended as
follows:
(a) APPLICATION:
(1) Application for final plat shall be filed with the Department of Community
Development ' ion on forms prescribed by that office.
each -lam
(3) The application shall include at least five copies and the reproducible original of
the final plat and shall be prepared by a land surveyor in strict conformance with the preliminary
plat approval.
(b) FINAL PLAT REQUIREMENTS:
(1) General —
(A) The final plat, containing all the information specified in this section,
should be drawn in a neat and legible manner to a scale of 1 inch representing 100 feet unless
otherwise approved by the Department of Community Development Planningaisoision, and
shall be drawn in black drawing ink on 18 -inch by 22 -inch sheets of high grade polyester drafting
film.
(B) All documents, maps, survey calculations, and notes shall contain the
name of the subdivision, the name of the subdivider, and the name of the land surveyor
responsible to the subdivider.
(2) Specific —
(A) The final plat shall clearly depict the following information:
(i) Date, title, name and location of the subdivision, graphic scale,
datum plane, and true north point;
(ii) The lines and names of all streets or other public ways, parks,
playgrounds, easements, reservations, and any area to be dedicated to public use, with notes
stating their purpose and any limitations;
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(iii) The lines and names of all existing or platted streets or other public
ways, parks, playgrounds and easements adjacent to the final plat, subdivision or dedication,
including municipal boundaries, township lines, and section lines;
(iv) All dimensions along the lines of each lot, with the true bearings
and sufficient data necessary to readily determine and reproduce on the ground the location,
bearing, and length of every street line, easement line, lot line, block line, and the boundary of the
subdivided tract;
(v) The lengths and bearings of all straight lines, curve radii, arcs, and
semi- tangents of all curves;
(vi)
Lambert coordinates;
The location of all permanent control monuments based on
(vii) Suitable primary control points, approved by the Public Works
Department, or descriptions and ties to such control points, to which all dimensions, angles,
bearings and similar data given on the plat shall be referred;
(viii) The elevations of all comers on the boundaries of the subdivided
tract.
(ix) A vicinity map of a scale not more than 400 feet to 1 inch and
which is sufficient to readily identify the location of the subdivided tract.
(B) All dimensions shall be given in feet and decimals of a foot to the nearest
1 /100th. All angles and bearings shall be accurately measured in degrees, minutes, and seconds.
(C) The final plat shall be accompanied by an approved printed computer plat
closure or demonstrated mathematical plot closure on all lots, streets, alleys and boundaries.
Allowable error of closure shall not exceed 1 foot in 5,000 feet.
(D) In the event the plat constitutes a replat, the lots, blocks, streets, etc., of
the previous plat shall be shown by dotted lines in their proper positions in relation to the new
arrangement of the plat, the new plat being shown in solid lines so as to avoid ambiguity.
(E) The final plat shall be accompanied by other streets showing all utility
grades, contours at two foot intervals, and the plat shall be based on USC & GS datum.
(F) The final plat shall be accompanied by the plans and profiles of all street
center lines, sanitary sewers, storm sewers and water lines, to the vertical scale of four feet to the
inch and horizontal scale of 40 feet to the inch, on City profile drafting film provided by the
Department of Public Works.
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(G) The final plat shall also contain a complete legal description of the land to
be subdivided.
(3) Dedications /certifications — In addition to other requirements specified in this
section, the final plat shall contain or be accompanied by the following:
(A) Dedication of all streets, rights -of -way, parks, playgrounds, easements,
reservations, and any area to be dedicated to public use, together with any restrictions or
limitations thereon;
(B) Certification by the land surveyor that a survey has been made and all
required monuments and stakes have been properly set;
(C) Certification by the responsible agencies that the methods of sewage
disposal and water service are acceptable;
(D) Certification by the King County Finance Department that taxes have been
paid in accordance with RCW 58.08.030 and 58.08.040, and that a deposit has been made with
the King County Finance Department in sufficient amount to pay the taxes for the following
year;
(E) Certification by the City Treasurer (Finance Director) that there are no
delinquent special assessments, and that all special assessments certified to the City Treasurer
(Finance Director) for collection on any property herein contained and dedicated for streets,
alleys or other public uses are paid in full;
1
M) Certification of approval by the Public Works Department, to be
signed by the Director thereof;
1.1 (H) Certification of approval by the Department Afiee of Community
Development, to be signed by the director thereof;
Lin (4) The applicant shall furnish the City a plat certificate from a title
insurance company documenting the ownership and title of all interested parties in the plat,
subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45
calendar days prior to the date of City Council approval of the final plat.
(c) INSTALLATION OF IMPROVEMENTS OR BONDING IN LIEU O F IMPROVEMENTS:
(1) Required improvements — Every subdivider may be required to grade and pave
streets and alleys, install curbs and gutters, sidewalks, monuments, sanitary and storm sewers,
water mains, street lights and name signs, together with all appurtenances thereto in accordance
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with specifications and standards of this code, approved by the Public Works Department, and
in accordance with other standards of the City.
(2) Supervision and inspection — A licensed engineer or engineering firm, unless found
to be unacceptable to the Department of Public Works, shall be responsible for the supervision
and inspection of all subdivision improvements. All improvements shall be certified in writing as
completed in accordance with plans and specifications as approved by the Department of Public ~ w
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(3) Permits —Prior to proceeding with any subdivision improvements, the subdivider cn O
shall obtain those permits from the City as are necessary. The subdivider is also responsible for w i,
complying with all applicable permit requirements of other federal, State and local agencies. n �.
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(4) Deferred improvements — A final plat shall not be approved by the City Council g
until all required improvements are constructed in a satisfactory manner and approved by the
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responsible City departments or sufficient bond has been satisfactorily posted in Lieu of = a
completion.
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(A) In the event a subdivider wishes to defer certain on -site improvements, w
written notice shall be made to the Department of Community Development ' ' n. 2 o.
The subdivider shall furnish a performance bond to the City in an amount equal to 150% of the o
estimated cost of the deferred improvements. The decision of the Director of Public Works, o
regarding the amount of the performance bond, shall be final and conclusive. i v
11
(8) Time Limit. Such bond, to be filed with and held by the City Clerk, shall . z.
list the exact work that shall be performed by the applicant, and shall specify that all of the v
deferred improvements be completed within one year from the date of approval of the final plat z 1-
by the City Council. Extensions of this time period may be authorized by the Director of Public
Works. In the event an extension is authorized, the bond shall be revised to reflect the new
completion date.
(C) Check in Lieu of Bond. The subdivider may substitute a certified or
cashier's check, assignment of funds or any other method of security acceptable to the City
Council in lieu of a performance bond. Such substitution shall be made payable to the City
Treasurer (Finance Director), and shall be in the same amount and carry with it the same
restrictions as the bond for which it is substituting.
(D) Proceed Against Bond or Other Security. The City reserves the right, in
addition to all other remedies available to it by law, to proceed against such bond or other
security in lieu thereof.
(E) Binding Upon Applicant. The requirement of the posting of any
performance bond or other security shall be binding upon the subdivider, his heirs, successors
and assigns.
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(p) Notification to Department of Community Development Planning
Divioien. The Director of Public Works shall notify the Department of Community
Development ' 'en in writing of the following: the improvements deferred, amount
of bond or other security and time limit of such, and any other pertinent information.
(5) Certificate of completion — The Director of Public Works shall inform the
Department of Community Development in writing verifying that the
subdivider has completed the required installations and/or bonding in accordance with the
provisions of this code and the specifications and standards of the departments.
(d) FINAL PLAT REVIEW PROCEDURES:
(1) Referral to other departments and agencies — The Department of Community
Development ' 'ear shall distribute the final plat to all departments and agencies
receiving the preliminary plat, and to any other departments, special purpose districts and other
governmental agencies deemed necessary.
(2) Departmental approval — Within 15 calendar days of receipt of the final plat, the
Public Works Department shall review the final plat and submit to the Department of
Community Development 'on a written report with respect to the following
considerations:
(A) That the proposed final plat.bears the required certificates and statements
of approval;
(B) That a title insurance report furnished by the subdivider confirms the title
of the land, and the proposed subdivision is vested in the name of the owner whose signature
appears on the plat certificate;
(C) That the facilities and improvements required to be provided by the
subdivider have been completed or, alternatively, that the subdivider has submitted with the
proposed final plat a performance bond or other security in conformance with Section 17.12.040,
subsection (4);
(D) That the plat is technically correct and accurate as certified by the land
surveyor responsible for the plat.
(3) Submission to City Council — The Department of
Community Development gDivisien -, upon receipt of the Public Works Department
report and any other pertinent written comments, shall forward the proposed final plat and
written recommendation thereon
to the City Council within forty -five calendar days from the date of
filing of the proposed final plat.
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(4) City Council action
If the Council finds
that the proposed plat makes appropriate provisions for the public health, safety, general
welfare, and for such open spaces, drainage ways, streets, alleys, other public ways, water
supplies, sanitary sewers, parks, playgrounds, sites for schools and school grounds, and that the
public use and interest will be served by the platting of such subdivision, then it shall be
approved. if the Council finds that the proposed plat does not make such appropriate
provisions or that the public use and interest will not be served, then the Council may
disapprove the proposed subdivision.
(5) Filing final plat — Before the final plat is submitted to the City Council, it shall be
signed by the City Treasurer (Finance Director), Director of Public Works, and the Director of
the Department 9ffiee of Community Development. Upon approval by the City Council, it
shall be signed by the Mayor and attested by the City Clerk. The final plat shall be filed with
the Department of Records and Elections by the City.
(6) Extension of the final plat approval date — Final approval by the City Council of a
portion of the final plat will constitute an automatic extension of one year from said approval
date for the remainder of the final plat. Additional extensions of six months may be granted by
the City Council.
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revised 6/14/96
Section 53 Docket (TMC 18.80.020)
TMC 18.80.020 and Ordinance 1758, §1(part) are amended as follows:
The Department shall maintain a docket of all proposed changes to the comprehensive
plan and development regulations which are submitted. The Department shall provide a
copy of the docket to the City Council on a monthly basis. If either the Department or
the Council determines that a proposed change may be an emergency, the Department
shall prepare the staff report described below and forward the proposed change to the
Council for immediate consideration, subject to the procedural requirements for
consideration of amendments. Non - emergency changes shall be compiled and submitted
to the Council for review on an annual basis in March October -so that cumulative effects
of the proposals can be determined. Proposed changes received by the Department after
January Jul -1st of any year
shall be held over for the following year's review, unless the Council or the
Department determines the proposed change may be an emergency.
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Section 59 Application Fees (TMC 18.88.010)
TMC 18.88.010 and Ordinance 1758, §1(part) are amended as follows:
The following fees shall be paid by any applicant for a land use permit at the same time
Ithat said application is filed with the City:
Type of Application
Fee
Comprehensive plan amendment
$700.00
Conditional use permit (CUP)
850.00
Design review (BAR)
900.00
Planned Residential Development
(PRD)
800.00 plus
100.00 /acre
g00:00-plus.
4.0070Waefe
(MUD-)
Reclassification (rezone)
700.00
Shoreline substantial development
permit
550.00
Street vacation
120.00
Unclassified use permit (UUP)
850.00
Variance
600.00
Lot line adjustments
200.00-(new)
Special review (parking/sign
deviation, etc.)
200,00 -(new)
Zoning Code Amendment
700.00
Preliminary Plat
800.00 s lus
75.00 i er lot
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Final Plat
400.00 plus
25.00 per lot
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City of Tukwila John W. Rants, Mayor
Department of Community Development Steve Lancaster, Director
PLANNING COMMISSION
AGENDA FOR
1724 WORKSHOP TO REVIEW DRAFT RECOMMENDATIONS
May 9, 1996
6:00 to 8:00 PM.
Purpose, Background and Document Organization
* Compliance with HB 1724, Adoption of concurrency
standards and misc. site development standards.
* State law requirements
* Joint City. Council, Planning Commission and
Board of Adjustment Meeting on procedural
direction.
* Document organization.
Endorsement of A Document Review Process
Options:
* Line -by -line review
* Substantive review followed by detailed review
* Substantive review followed by summary review
Begin Review
Recommend substantive review followed by detailed
review -- Permit Types, Review Processes and
Public Notice Requirements. Begin detailed review
of Attachment B as possible.
Next Review Session
* Questions to be resolved by Planning Staff for
the Commission.
* Complete review of attachments B and C as
possible.
* General review of Attachment D.
6300 Southcenter Boulevard Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
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A F F I D A V I T O F D I S T R I B U T I O N
ANotice of Public Hearing
XNotice of Public Meeting
O Board of Adjustment Agenda
Packet
0 Board of Appeals Agenda
Packet
hereby declare that:
fl Determination of Non -
significance
0 Mitigated Determination of
Nonsignificance
0 Determination of Significance
and Scoping Notice
0 Notice of Action
fl Planning Commission Agenda L Official Notice
Packet
0 Short Subdivision Agenda 0 Other
Packet
0 Notice of Application for 0 Other
Shoreline Management Permit
Shoreline Management Permit
FOKEP
was wed to each of the following addresses on
Name of Project /k7 �'f 7i4 Signature
File Number
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City of Tukwila
John W. Rants, Mayor
Department of Community Development
City of Tukwila
PUBLIC NOTICE
Steve Lancaster, Director
Notice is hereby given that the City of Tukwila Planning Commission will be holding
two work sessions, a public information meeting and a public hearing on the following
issues:
1. Procedural revisions largely to achieve consistency with State HB 1724
(1995).
2. Utility and road concurrency standards to assure adequate infrastructure,
and
3. Zoning standards for reviewing shoreline environment redesignation,
normal maintenance, and unclassified uses including animal rendering
plants.
The meetings will be held as follows:
WORK SESSION AND PUBLIC INFORMATION MEETING
Where: City Hall Council Chambers
6200 Southcenter Blvd.
Tukwila
When: May 9, 1996
Work session at 6:00 p.m.
Public Information Meeting at 8:00 p.m.
WORK SESSION AND PUBLIC HEARING
Where: City Hall Council Chambers
6200 Southcenter Blvd.
Tukwila
When: May 16, 1996
Work session at 6:00 p.m.
Public Hearing at 8:00 p.m.
If you have questions, please call Vernon Umetsu or Jack Pace at 431 -3670.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
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City of Tukwila
Department of
Community Development
Notice of Procedural
Revisions to Tukwila's
Development Codes and
Public Review Process
The City of Tukwila is revising its land use and
development review procedures to meet
growth management and regulatory reform
requirements adopted by the State legislature.
The proposed revisions can be grouped
into three areas:
1. permit application requirements to
satisfy definitional requirements for a
"complete application"
2. the public notice, decision making
and appeal process to satisfy the time
limits for review, permit coordi nation
requirements and new requirements for
public notice, hearings and appeals.
3. new (concurrency) standards for
water, sewer and road facilities
these provisions will carry out City
policy and State law which requires
adequate facilities as a condition
to approving new development.
Public Meetings
Public involvement is important
to this review and we encourage
your participation. Key program
dates are:
May 3, 1996:
Document is available by
calling the Planning Division
at 431 -3684.
May 9, 1996 8:OOPM:
Public information meeting
May 16, 1996 8:OOPM:
Planning Commission Public
Hearing
All public meetings will be
held in the City Council
Chambers at :
Tukwila City Hall;
6300 Southcenter Blvd.
Tukwila, WA 98188
After completing its review, the_..
Planning Commission will send it...- '
recommendation to the City
Council. The City Council will hold
a further public hearing during
their review process, and make
final decisions on the proposed re-
visions.
Please call Vernon Umetsu (431-
3684) or Jack Pace (431 -3686) for
further information.
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City of Tukwila
Department of Community Development
6200 Southcenter Blvd.
Tukwila, WA 98188
Bulk Rate
U.S. Postage
PAID
Permit No.
12698
Tukwila,WA
e...,.,,::iu.. ��:..1:•i.,.i.�L, �:�:..L.ilsu�!.ti;,U,:2::�;: ity:�
City of Tukwila John W Rants, Mayor
Department of Community Development Steve Lancaster, Director
MEMORANDUM
To: Tukwila Planning Commission Members
From: Steve Lancaster, Directo
Date: May 3, 1996
RE: Review of 1724 Procedural Amendments.
Attached are the development code amendments which are needed for
consistency with HB 1724, and a utility /road concurrency and
standards ordinance >`<' >;:.:;..:.;;:.::..; .:; .:.;:,.::;;:.':'..`.::::;.:::.. ,..:.;;..,;.:::;:::, >,.;::: <.:;:::::.
(. ��, �hc �t: �.�t.��:;:,�:��.�t�g;%...,�3) . Adoption is a
legislative action where *t e Planning Commission makes a
recommendation to the City Council, which will make the final
decision.
The substance of the 1724 procedural amendments was largely
reviewed at a joint meeting of the City Council, Planning
Commission and Board of Adjustment (A'::) . The proposed
action reflects the combined: 1724 mandated.... actions, City option
decisions and staff recommendations on items not addressed by the
above.
The substance of the utility /road concurrency and standards
ordinance was largely discussed during review of the
Comprehensive Plan Utility and Transportation policies. It is
presented at this time, due to the time requirements for
adoption.
The proposed amendments are discussed below, along with' a process
to facilitate Commission review and Planning Division issues.
PROPOSED AMENDMENTS
The proposed amendments are presented in four sections:
Attachment A: A summary of the proposed decision makers, appeal
bodies and review processes by permit "Type."
Attachment B: Draft HB 1724 Ordinance. A new Tukwila Zoning
Code chapter in which the overwhelming majority of
1724 amendments are incorporated.
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665
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Code Amendments for Land Development
May 3, 1996
Page 2
Attachment C: Draft Ordinance Regarding Concurrency and
Standards. Amendments to Tukwila Municipal Code
titles 9, 14 and 18. These establish concurrency
standards for utilities, roads, and various types
of uses.
Attachment D: Draft Amendments to Existing Ordinances.
Technical revisions to various Tukwila Municipal
Code chapters which are needed to incorporate the
RECOMMENDED REVIEW PROCESS
1724 Procedural Amendments
The proposed procedural amendments are inherently technical in
nature. Their incorporation into the existing development codes
involve the most detailed level of administrative minutiae and
coordination between chapters.
Commission review could be facilitated by recognizing three
important characteristics to these procedural amendments and
focussing its review there:
1. The decision making and appeal bodies,
2. The development review process, and
3. Public notice requirements.
Reaching Commission consensus on these elements would reduce the
textual revisions to a detailed, but mechanical process. This
approach was used by staff in its work, and is recommended for
Commission use.
To aid in such_an_approach, staff has summarized the above
elements in .
B. The utilities/road concurrency and standards ordinance.
(0itiaaHROPO)
These regulatory provisions help to ensure that:
1. developments will have sufficient infrastructure support
before they are approved,
2. establish standards for redesignating a shoreline
environment, and
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Code Amendments fog. Land Development
May 3, 1996
Page 3
3. establish standards for the operations and improvement of
unclassified uses including animal rendering plants.
PLANNING DIVISION ISSUES
The Planning Division has produced a product which reflects 1724
requirements and City Council direction. This product was then
reviewed for consistency with the Comprehensive Plan and
administrative feasibility. This review has uncovered four
issues as presented below.
1. A number of proposed appeal processes go beyond the
currently available options and do not result in a better
decision making system. These situations are discussed
below and alternatives are proposed.
a. Minor Modification of Board of Architectural Review and
Minor Modification to Planned Residential Development.
This is a DCD Director decision with appeal to the BAR
and City Council respectively, as to whether it is a
minor modification or a major modification. In the same
time that an appeal could be processed, a normal review
could be done with a decision on the acceptability of the
change established. Staff recommends eliminating the
appeal from the Director decision in favor or going
directly to a decision making process.
b. Parking standard for uses not specified. This is a DCD
Director decision with appeal to the City Council.
Adequate demonstration of similarity of parking demand
between uses is more a technical decision than a policy
decision. Staff recommends routing appeals to the Board
of Adjustment (BOA), which is charged to hear appeals on
other technical Director decisions. A BOA hearing could
likely be more easily scheduled than a Council hearing.
2. Construction of a single family home which involves
excavating over 500 cu. yds. of earth requires SEPA review
and public notice by State law. Posting the site with a
4'x4' sign would be required under the proposed notice
requirement. Staff recommends only requiring a published
notice in the newspaper.
3. Decisions of the SEPA Responsible Official are proposed to
carry substantial weigh for procedural matters. State law
requires that the SEPA Responsible Official's decision be
given substantial weight in all matters procedural and
substantive (e.g., mitigating conditions). Staff recommends
revising the text to reflect State law.
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Code Amendments for Land Development
May 3, 1996 Page 4
4. The threshold for design review has been significantly
lowered by recent amendments to the Zoning Code. Staff
recommends the future consideration of administrative design
review for smaller projects, after more definitive design
guidelines are adopted.
REVIEW SCHEDULE
The Planning Commission endorsed review schedule is shown below.
PLANNING COMMISSION
1724 REVIEW PROCESS
(5/1/96)
4/29 Mail Flyer to advertise document availability on 5/3, a
public information meeting on 5/9 and Planning Commission
public hearing on 5/16.
5/3 Copy and distribute document to Planning Commission, City
Council and others as requested.
5/9 6:00 Planning Commission workshop.
8:00 Public information meeting.
5/16 6:OO Planning Commission workshop if needed.
8:00 Public hearing. Possible workshop after hearing.
5/23 5:30 Planning Commission workshop if needed (prior to
regular meeting). Preliminary approval given and staff
revisions made by 5/29.
5/29 Clean document mailed to Planning Commission.
6/6 7:00 Planning Commission Action.
file:1724 \PCMEM.1
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PROPOSED 1724 REVIEW PROCESS
(5/1/96)
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4/29 Mail Flyer to advertise document availability on 5/3, a
public information meeting on 5/9 and Planning Commission
public hearing on 5/16..
5/3 Copy.and distribute document to Planning Commission, City
Council and others as requested.
5/9 6:00 Planning Commission workshop.
8:00 Public information meeting.
5/16 6:00 Planning Commission workshop if needed.
8:00 Public hearing. Possible workshop after hearing.
5/23 5:30 Planning Commission workshop if needed (prior to
regular meeting). Preliminary approval given and staff
revisions made by 5/29.
5/29 Clean document mailed to Planning Commission.
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CO .;TNCIL AGENDA SNoPsIs
Initials
Meeting Date
Prepared
5/1/96
Mayor's review
Council review
ITEM NO.
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CAS Number:
Original Agenda Date: May 6, 1996
Agenda Item Title:
1724 Code Amendments
Original Sponsor:
Council Admin. X
Timeline:
June 3 through June 30, 1996
Sponsor' s Summary:
Adopt procedural changes to City development regulations for consistency with HB 1724 and
a transportation mitigation payment system.
r
Recommendations:
Sponsor:
Committee:
Administration:
•
Approve review schedule.
Cost Impact (if known):
NA
Fund Source (if known):
NA
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Meeting Date
Action
Memorandum to City Council from Mayor Rants dated May 2, 1996.
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Meeting Date
Attachments
May 6, 1996
Memorandum to City Council from Mayor Rants dated May 2, 1996.
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City of Tukwila
6200 Southcenter Boulevard • Tukwila, Washington 98188
MEMORANDUM
To: Tukwila City Council Members
From: Mayor Rants
Date: May 2, 1996
RE: Review Schedule for 1724 Procedural Amendments.
John W Rants, Mayor
Attached is a review schedule for the development code amendments
which are needed for consistency with HB 1724, and a
transportation concurrency mitigation payment system. This is a
legislative action where the Planning Commission makes a
recommendation to the City Council, which will make the final
decision.
The substance of the 1724 . procedural amendments were largely
reviewed at a joint meeting of the City Council, Planning
Commission and Board of Adjustment. The proposed action would
reflect the combined: 1724 mandated actions, City option
decisions and staff recommendations on items not addressed by the
above.
The substance of the transportation concurrency mitigation
payment system was largely discussed during review of the
Comprehensive Plan. It was endorsed in Comprehensive Plan
Transportation Policy 13.7.2. It is presented at this time, due
to the time requirements for adoption.
REVIEW SCHEDULE
It is proposed that review be concentrated in a nine week
process. This would include both bodies holding separate public
hearings, but only the Planning Commission holding a public
information meeting.
The proposed review schedule is presented below. The Planning
Commission has endorsed its portion of this schedule.
Phone: (206) 433 -1800 • City Hall Fax (206) 433 -1833
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PROPOSED 1724 REVIEW PROCESS
(5/1/96)
4/29 Mail Flyer to advertise document availability on 5/3, a
public information meeting on 5/9 and Planning Commission
public hearing on 5/16.
5/3 Copy and distribute document to Planning Commission, City
Council and others as requested.
5/9 6:00 Planning Commission workshop.
8:00 Public information meeting.
5/16 6:00 Planning Commission workshop if needed.
8:00 Public hearing. Possible workshop after hearing.
5/23 5:30 Planning Commission workshop if needed (prior to
regular meeting)'. Preliminary approval given and staff
revisions made by 5/29.
5/29 Clean document mailed to Planning Commission.
•
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6/6 7:00 Planning Commission Action.
file:1724 \myrschd.1
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City of Tukwila
Department of Community Development
MEMORANDUM
To: Tukwila Planning Commission
From: Vernon Umetsu
Date: April 19, 1996
RE: Proposed 1724 Review Schedule.
John W. Rants, Mayor
Steve Lancaster, Director
Complications in preparing revisions to Tukwila's development
codes for consistency with State ESHB 1724, require a revision in
the Planning Commission's review schedule.
The new proposed review schedule is presented below for your
review and approval.
April 29 NO MEETING. Mail flyer of document availability on May
3rd, public information meeting on May 9th, and public
hearing on May 16th.
May 3rd NO MEETING. Distribute document to Planning
Commission, City Council and others requesting a copy.
May 9th 6:00 Planning Commission workshop.
8:00 Public information meeting.
May 16th 6:00 Planning Commission workshop.
8:00 Public hearing. Possible workshop.
May 23rd 5:30 Planning Commission workshop (if needed). This
will precede the Commission's normal meeting at 700.
May 29th NO MEETING. Clean document mailed to Planning
Commission for final review.
June 6th 7:00 Planning Commission action.
file:1724 \pcschd
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • [206) 431-3670 • Fax (206) 431-3665
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CERTIFICATION OF ENROLLMENT
HOUSE BILL 2567•
54th Legislature
1996 Regular Session
Passed by the House March 7, 1996 •
Yeas 97 Nays 0
L
•
Speaker of the
House of Representatives
Passed by the Senate March 7, 1996
ISs 47 Nay
,Ar1.4
Pregident of the Senate
Approved
SAC- '1& J(27 ?6
Governor of the State of Washington
Po. VA- t- v4' r l o G1/4 "
13`-1( R ss�
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CERTIFICATE •
I, Timothy A. Martin, Chief Clerk of
the•House of Representatives of the
State of Washington,' do hereby
certify that the attached is HOUSE
BILL 2567 as' passed-by the House • of
Representatives and the Senate on
the dates hereon set forth. •
Chief Clerk
FILED •
Secretary of State
State of Washington
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HOUSE BILL 2567 •
AS AMENDED BY THE SENATE
Passed Legislature - 1996 Regular Session
State of Washington
54th Legislature 1996' Regular Session
By Representatives Wolfe, Rust, Scheuerman, Scott, Costa, Chappell,
Linville, Dickerson, Romero, McMahan, Murray, Tokuda, Morris and Conway
Read first time 01/12/96. Referred • to Committee on Government
Operations.
1 AN ACT Relating to notifying the assessor's office when actions are
2 taken relating to real property; amending RCW 36.70B.130.and 84.41.030;
3 adding a new section to chapter 35.22 RCW; adding a new section to
4 chapter 35..63 RCW; adding a new section to chapter 35A.63 RCW; adding
5 a new section to chapter •36.70 RCW; adding.a new section'to chapter.
6 36.70B RCW; and adding a new section to chapter 90.60 RCW.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 Sec. 1. RCW 36.70B.130 and 1995 c 347 s 417 are each amended to
9 read as follows:
10 A local government planning under RCW 36.70A.040 shall provide a
11 notice of decision that also includes a statement of any threshold
12 determination made under chapter 43.21C RCW and the.procedures for
13 administrative appeal, if any. The'notice of decision may be a copy of
14 the report or decision on the project permit application. The notice
15 shall be provided to the applicant and to any person who, prior to the
16 rendering of the decision, requested notice of the decision or
17 submitted substantive continents on the application. The local
.8 government shall provide for notice of its decision as provided in RCW
19 36'.70B.110(4) which h -11 al-o - - - h- - ff - -d •r. •ert owners ma
p. 1
HB 2567.PL
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1 r .guest 'a change in va.Luation for property tax ourposes notwithstanding
2 any program of revaluation. The local government shall provide notice
3 of decision to the county assessor's office of the county or counties
4 in which the property is situated.
5 NEW SECTION. Sec. 2. A new section is added to chapter 35.22 RCW
6 to read as follows:
7 By July 31, 1997, a first class city planning under RCW 36.70A.040
8 shall provide to the county assessor a copy of the first class city's
9 comprehensive plan and development regulations in effect on July 1st of
10 that year and shall thereafter provide any amendments to the plan and
11 regulations that were adopted before July 31st of each following.year.
12 NEW SECTION. Sec. 3. A new section is added to chapter 35.63 RCW
13 to read as follows:
14 By July 31, 1997, a city planning under RCW 36.70A.040 shall
15 provide to the county assessor a copy of the city's comprehensive plan
16 and development regulations in effect on July 1st of that year and
17 shall thereafter provide any amendments to the plan and regulations
18 that were adopted before July 31st of each following.year.
19 NEW SECTION. Sec. 4. A new section is added to chapter 35A.63 RCW
20 to read as follows:
21 By July 31,'1997, a code city planning under RCW 3,6.70A.04.0 shall
22 provide to the county assessor a copy of,'the code city's comprehensive
23 plan and development regulations in effect on July 1st of that year and
24 shall thereafter provide any amendments to the plan and regulations
25 that were adopted before July 31st of each following year.
26 NEW SECTION. Sec. 5. A new section is added to chapter 36.70 RCW
27 to read as follows:
28 By July 31, 1997, a county planning under RCW 36.70A.040 shall
29 provide to the county assessor a copy of the county's comprehensive
30 plan and development regulations in effect on July 1st of that year and
31 shall thereafter provide any amendments to the plan and regulations
32 that were adopted before July 31st of each following year.
'33 . NEW SECTION. Sec.•6: A new section is added to chapter 36.70B RCW
34 to read as follows:
•
HB 2567.PL p. 2
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1 By July 31, 1997, a local government planning under RCW 36.70A.040
2 shall provide to the county assessor a copy of the local government's
3 comprehensive plan and development• regulations in effect on July 1st of
.4 that year and shall thereafter provide any amendments to the plan and
5 regulations that were adopted before July 31st of each following year.
6 Sec. 7. RCW 84.41. 030 and 1982 1st ex. s . c 46 s 1 are each amended
7 to read as follows:
8 Each county assessor shall maintain an active and systematic
9 program of revaluation on a continuous basis, and shall establish a
10 revaluation schedule which will result in revaluation of all taxable
11 real property within the county at least once each four years and
12 physical inspection of all taxable real property within the county at
13 least once each six years. Each county assessor may disregard any
14 program of revaluation. if requested by.a property owner. and change.
15 as appropriate. the valuation of real property upon the receipt of a
16 notice *of decision received under RCW 36.70B.130. section 8 of this
17 act. or chapter 35.22. 35.63. 35A.63. or 36.70 RCW pertaining to the
18 value of the real property.
19 NEW SECTION. Sec. 8. A new section is added to chapter 90.60 RCW
2.0 to read as follows:
21 (1) A state. permit agency shall forward to the appropriate county.
22 assessor a notice of the agency's final decision with respect to a'
23 permit sought from the agency in connection with a project permit
24 application as defined in RCW 36.70B.020.
25 (2) For the purposes of this section:
26 (a) "Permit" means a license, certificate, registration, permit, or
•27 other form of authorization required by a permit agency in connection
28 with a project permit application as defined in RCW 36.70B.020; and
29 (b) "State permit agency" means the department of ecology, the
30 department of natural resources, the department of fish•and wildlife,
31 or the department of health.
- -- END
p. 3 HB 2567.PL
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TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT
INTER - OFFICE MEMO
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TO: Mayor Rants W
Members of the City Council 6 ▪ D
Members of the Planning Commission/BAR v o
Members of the Board of Adjustment ' w w,
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FROM:. Steve Lancaster N u.,
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SUBJECT: Results of Joint Meeting on ESHB 1724 4a
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Regulatory Reform Policy Issues co d
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DATE: February 28, 1996 z i;
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The joint meeting of the City Council, Planning Commission and Board of Adjustment was .D (3 .
extremely helpful to staff in our efforts to develop land use permitting procedures and o
requirements that will meet new state requirements under ESHB 1724. The consensus reached W W
by the group on several important issues, will allow us to develop ordinances that reflect your v
policy direction. Obviously, there will be many details to work out, but I feel we made a L'_- P.
significant step forward. v N,.
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The attached tables reflect my understanding of the decisions reached by the group on the 0 •
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following issues:
• Issue #1: What types of permit applications will require an open record hearing?
• Issue #2: Who will hold those open record hearings?
• Issue #3: For what types of permits will a closed record appeal be available, and who will
conduct the appeal?
• Issue #4: For what types of staff decisions should an open record appeal be available, and
who should conduct the appeal?
• Issue #5: What public notice methods should be used for the various types of permit
applications?
No specific decisions were made regarding Issues # 6 and 7. Staff indicated we may recommend
that the Sensitive Areas Overlay regulations in the Zoning Code be designated as providing
adequate regulation of environmentally sensitive areas, which would mean that duplicative case -
by -case review under SEPA would no longer be required (Issue #6). We further indicated that
we are not yet in the position of designating "planned areas" as allowed by 1724, but will be
looking at doing so in the future (Issue #7).
Page 2 of 2
Joint Meeting
02 -28 -96
We will be using the decisions /direction reflected in this memo and the attached tables to
develop the draft ordinances that will be formally reviewed by the Planning Commission and
City Council this spring. It would be extremely helpful to us if each of you would review this
information and let us know if your understanding of the group's consensus differs from ours.
cc: John McFarland
Linda Cohen
Bob Johns
Jack Pace
DRC Policy Committee
1724 Staff Committee
Planning Staff
DIRECTON.DOC
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PUBLIC HEARINGS
ISSUES #1,2 &3
ISSUE #1
OPEN RECORD
HEARING?
ISSUE #2 ISSUE #3
WHO HOLDS OPEN CLOSED RECORD
RECORD HEARING ?1 APPEAL ?2
Design Review YES3
Special permission
(unique signs)4 YES
Reasonable use
exception (SAO) YES
Conditional use
permit YES
Unclassified use permit YES
(+ informational mtg)5
• Planned residential YES
development (PRD) (+ informational mtg)5
Variance (zoning,
signs, LAO, sidewalk) YES
Subdivision YES
(preliminary plat) (+ informational mtg)5
Rezone YES
(+ informational mtg)5
NOTES:
BAR CITY COUNCIL
PLANNING
COMMISSION CITY COUNCIL
PLANNING
COMMISSION CITY COUNCIL
PLANNING
COMMISSION CITY COUNCIL
(Appeals go to
CITY COUNCIL Superior Court)
(Appeals go to
CITY COUNCIL Superior Court)
BOARD OF (Appeals go to
ADJUSTMENT Superior Court)
(Appeals go to
CITY COUNCIL Superior Court)
CITY COUNCIL (Appeals go to
Superior Court)
1. Where a permit application would otherwise require an open record hearing by both the Planning Commission/BAR
and the City Council, the City Council shall hold the single open record hearing.
2. Ordinance will make it clear that, when considering an appeal, City Council may remand to the Planning Commission
for further investigation of specific issues.
3. Following development of more detailed design criteria, design review for some minor projects may be shifted to staff,
with appeal to BAR.
4. "Special permission" for parking and for signs (other than "unique" signs as defined in the sign code) will be decided
by the DCD Director. These decisions will be appealable. See "Administrative Decisions /Appeals: Issue #4."
5. These permits will require an early "public information meeting" where applicant presents proposal. Staff will be in
attendance to explain code requirements and processes.
Results of 02 -26 -96 Joint Meeting of CC /PC /BOA 02 -28 -96
.s •
ADMINISTRATIVE DECISIONS /APPEALS
ISSUE #4
Decision maker A. • eal
Code interpretation
Sign permit denial
DCD Director BOARD OF
ADJUSTMENT
DCD Director PLANNING
COMMISSION
Special permission (signs, except "unique DCD Director PLANNING
signs ") COMMISSION
Parking standard for uses not specified DCD Director CITY COUNCIL
Special permission (parking) DCD Director CITY COUNCIL
Minor adjustments to approved PRD DCD Director CITY COUNCIL
Minor modifications to BAR - approved DCD Director BAR
design
'Short plat Short Plat Committee BOARD OF
ADJUSTMENT
Binding Site Improvement Plan Short Plat Committee BOARD OF
ADJUSTMENT
Results of 02 -26 -96 Joint Meeting of CC /PC /BOA
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02 -28 -96
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PUBLIC NOTICE
ISSUE #5
e of Permit A • • lication T • e of Public Notice
Permit applications requiring no
public hearing and no SEPA
environmental review (examples
include single family homes,
residential short plats, most interior
remodels and tenant improvements,
small commercial additions or
buildings not requiring design review)
Permit applications requiring SEPA
environmental review but not
requiring a public hearing
(examples include large underground
storage tanks, commercial /industrial
buildings in the MIC but not near the
river or residential areas [i.e., no
design review], some public
works /parks improvement projects).
Permit applications requiring an
open record public hearing
(examples include those requiring
BAR design review, conditional use
permits, unclassified use permits,
PRDs, subdivisions and rezones).
NOTES:
No Public Notice
Large Sign
Large Sign
Mail to residents /owners within 500 feet
Staff will also explore feasibility of some type of periodic bulletin or "hotline." Staff will also attempt to provide more
information on development permit applications in the Hazelnut.
Results of 02 -26 -96 Joint Meeting of CC /PC /BOA
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02 -28 -96
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ESHB 1724 • CONSISTENCY. REVIEW CHECKLIST.•••
1724 SECTION ::::::::::::•may::: :iw,..:::.::::::::::::::i...?g:
DEADLINE .::. • ;•::::::.:..iiii,:.::::::::::0::::;::,;
..,:::: ,;:;,. ,,....• •• :::::::.:::,::::::::::::::::::::.wam::-::::::::::v:ci,.:::::0::?::::::::::::::::::.:••.:.::. •.,•:::::::::::::::•......
• —...• • • .: — ". • ?•::::::::::::::::::::::::.:......
:.
:••:....., •,......,:.:...:,:•:„::::....::::,,„:„..•:.....:•::•:....,........„.........:•:..., .... : : • • • • ..,••••:•••:::::wii•::::::::::
::,:::::::::::::::.:::::::x,:::::::::::::::::•,•.....::::::::::::::::::::::::::::::::::,::::,..,::.:.:. • • - • ,,::
• .. ACTION -
Scc. 311
July 1995
Grants administrative-appellate jurisdiction to the GMA Boards for those
jurisdictions required to plan under RCW 36.70A.
•NONE: Applies to DOE.
Sec. 404(2)(c) &. 495
July 1995
Consistency reviews SI IALL include a determination of the availability and
adequacy of public facilities.
•Adopt new section in Title 18A regarding
concurrency. already drafted and reviewed by Planning
Commission.
•Other criteria are covered in Title 18A.
Scc. 404(3)
July 1995
During project review, County SIIALL NOT re-examine alternatives or hear
appeals from determinations in 404, (2).
•Amend section 18A.85.020.E. Review Process and
Hearing Examiner Code.
Sec. 404(3) & 415
July 19')S
County SI IALL provide a procedure for obtaining codc interpretations.
'Amend section 18A.85 General Provisions to include
a procedure for code interpretations.
Sec. 408
July 1995
Within 28 days County SIIALL"provide a written determination of
completeness or application is deemed complete. County SIIALL respond to
additional info within 14 days.
COMPLIMil): 18A.85.020.C.3.d. General Provisions -
Applications
Sec. 409
July I995-July 1998
County S11A1.1. establish time periods consistent with Sec. 413. •
SEE Sec. 413 below.
Scc. 413
July P195-July 1998
Establishes 120 time period for County to issue notice of final decision. Also
provides exclusions to 120 day time period.
COMPLEITID: 18A.85.020.E. General Provisions -
Applications
Scc. 413(1)(c)
July 1995-July 1998
County SI IALL establish timc periods to consider and decide administrative
appeals.
•Amend 18A.85.050.Appeals of Administrative
Decisii-ms and Ilearing Examiner Codc.
Sec. 413(2)(a)
July 1995-July 1998
Excludes amendments to Comp. Plan or Development Regulations from 120
day time period.
•Amend 18A.85.020.E. General Provisios -
Applications.
Sec. 416 & 418
July 1995
Sec Section 204 above. ••
Sec. 417
July 1995
County SI IALL provide a Notice of Decision that includes a statement of any
SEPA threshold determination and procedure for administrative appeal.
*Amend 18A.85.020.1'. Review Process and Hearing
Examiner Code (as necessary).
•Other criteria arc covered in Ilearing Examiner
Code.
Scc. 420
July 1995
County SI IALL adopt procedures to monitor and enforce permit decisions
and conditions.
•Adopt new section in 18A.85 General Provisions.
Scc. 425
July 1995
Authority for County to adopt !tearing Examiner system where I tearing
Examiner may make final decisions, except for rezones.
COMPLETE!): 'fearing Examiner Codc and
.ordinance 95-112 amending (fearing Examiner c.ode
el-fictive Oct. 1, 1995.
Sec. 426-429
July 1995
Clarifies the process for reviewing subdivision applications.
•Review and amend 18A.85.020.F. as necessary..
Scc. 501 & 502
July 1995 '
New legislation authorizing the formation of Development Agreements. .
•Adopt new section in 18A.85 General Provisions.
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Sec. 601
.
July 1995
New legislation authorizing state permit coordination.
•Incorporatt into new subsection on permit
consolidation.
Scc. 701
•
July 1995
New legislation creating the Land Usc l'etition Act (1.1:PA) which authorizes
Superior Court review of local land use decisions (appeal procedures).
•Amend !fearing Examiner Code.
.
Scc. 404
March 1996
. .
Integrate the review and appeal process for SEPA and project perniits.
•
•Amend Title 17, Environmental Regulations (as
necessary).
Sec. 407 & 416
March 1996
County SIIALL adopt ordinance or resolution to integrate and consolidate
project permit review and appeal process:
esingle application review and approval
•provide for one open record hearing and one closed record appeal
•interjurisdictionally combine public meetings or open record
hearings
•Amend 18A.85.020.F. Review Process and Hearing
Examiner Codc.
•Other criteria is covered in Title 18A.
Sec. 413
April 1996-June
1998
. • .
County SIIALL establish time periods for appeals.
*Amend Hearing Examiner Code.
Scc. 415(I)(2)
•
April 1996
Within 14 days after Determination of Completeness the County SHALL '
provide a Notice of Application to the public and other interested parties.
When the County issues a DS and Scoping Notice it SHALL be combined
with the Notice of Application.
'Amend 18A.85.020.F. Review Process, I tearing
Examiner Code and 'Iltle 17 (as necessary).
•Other criteria covered in Title 18A.
Scc. 415(3)
April 1996
.
The County SIIALI. provide the Notice of Application at least 15 days prior
to the open record hearing. • •
'Amend 18A.85.020.F. Review Process. .
Sec. 415(4)
April 1996
"Ilie County SIIALI. use reasonable methods to give the Notice of Application
including posting. mailing and publication.
•Amend 18A.85.020.1:. Review Process and I [caring
Examiner Code.
Sec. 415(5) & 206
•
April I')%
A Notice of Application IS N(3.1* required for projects categorically exempt
under SEPA LNI.F.SS public comrpent period or open record predecision
hearing is required.
..
•Iteview 18A.25 Usc Tables to determine if all
permitted uses are consistent with SEPA exemptions.
Amend as necessary. .
Sc. 415(()
April 1)96
The (ount) SlIALL integrate the permit procedures with SEPA review for
timelines on Threshold Detiirminations.
•
•Amend 18A.85.020.F. Review Process and Title 17
Environmental Regulations (as necessary). •
Sec. 415(7)
April 199(
County MAY combine required hearings with hearings held by another agency
or jurisdiction if the hearings can be held within the 120 day time period.
•Amend 18A.85.020.F. Review Process.
.
Sec. 415(9)
.
April 1994
. .
11: County elects to provide for Administrative Appeals then they SIIAI.I. be
filed within 14 days after the Notice of Decision. IF SEPA rules allow public
comment on a DNS the C:ounty SI IALL EXTEND the appeal period for an
additional 7 days.
•Aniend 18A.85.050 Appeals of Administrative
Decisions and Ilcaring Examiner Code.
.
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. 1724 REQUIREMENT
COUNTY ACTION
Scc. 102(1)
July 1995 •
Project review SIIALL bc used to make individual project decisions, NOT
land use planning dccisions.
•Amend 18A.85.020.F.,
Scc. 102(2)
July 1995
County SHALL include in its development regulations a procedure for any
interested person to suggest plan or development regulation amendments.
COMPLETED: 18A.85.040.D. and 19C.10.
Scc. 104
July 1995
The goals. policies and usc regulations adopted under the Shoreline
Management Act (RCW 90.58) SIIALL be considered a part of the County's
Comprehensive Plan and regulations.
COMPIEPED: Exhibit B to ordinance 94-82S
adopting Comprehensive Plan for Pierce County.
Scc. 106
July 1995
C:ounty SI IALL consider plan amendments concurrently and no more than
once a year.
COMPIELED: Ordinance 95-27S and 19C.10.
Scc. 109
July 1995
County SIIALL publish a notice of DOE's approval/disapproval of adoption
or amendments to Shoreline Master Program.
•Amend Shorclinc Management Use Regulations
20.74.240.
Sec. 202
July 1995
CottntySIIALL NOT impose additional mitigation under SEPA if the County
determines impacts have been addressed through plans or regulations.
•Amend Title 17 to include this section as an option.
Sec. 203
July 1995
"Planned Actions" 1)0 NOT require threshold determinations or EIS but arc
subject to environmental review under SEPA.
•Amend Title 17 to include this section as an option.
Scc. 204. 416 & 418
July 1995
'
County SIIALL establish a consolidated permit review process which includes
a single open record hearing and one closed rccord appeal.
•Adopt a new subsection in IRA.85.020.F. Review.
Process to address consolidated permit review. Amend
Ilearing Examiner Code and Title 17 (as necessary).
Scc. 205
July 1995
Changes appeal period to 21 days.
'Amend Title 17 and NEC (as necessary).
Scc. 206
July 1995
County must adopt new rules within 180 days of DOE adoption .
•Amend Title 17 and Title 18A (as nccessary)
Sec. 301
July 1995
Replaces the term "wetlands' with, the term *shorelands".
•Amend Shoreline Master Program and Title 20,
Shorclinc Management Use Regulations.
Sec. 302
July 1995
Defines the term "shorelands" and redefines the term "wetlands'. •
'Amend Shorclinc Master Program and 20.04. as
necessary.
Sec. 305 .
July 1995
Requires the County to develop or amend a master program within 24 months
after the adoption or DOE guidelines.
•Amend Shoreline Master Program.
Sec. 309(4)
July 1995
Eliminates mandatory publication of notice for applications for shoreline
permits.
•Amend Shoreline Management Use Regulations
20.76.150 and 20.76.400.
Sec. 309(5)
July 3995
Replaces the term "final order" with the term 'permit decision". reduces
appeal period to 21 days and strikes out several sections dealing with
grandathered uses.
•Amend Shoreline Management Use Regulations
20.76.310 and 20.76.320.
•
Sec. 310(1) '
July 1995
Reduces appeal period to 21 days.
eAmend Shoreline Management Usc Regulations
20.76.310 and 211.76.320.
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LAND USE gi3MIT APPLICATION TIME PERIOD -120 DAYS
c1 ntet enoa
Note: Clock stops during any period which the
applicant has been requested to correct plans,
perform required studies, or provide additional
required Information (the clock starts running when
the applicant satisfies the request for
Information or 14 days after the information
Is provided whichever is earliest).
28 days
14 days
10 days
21 days
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Exhibit —IV.A
en Record ,Heitriri
End of Appeal
Reriod to .
"'Superior -
• Court
Pierce County Planning and Land Services
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