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HomeMy WebLinkAboutPermit L94-0022 - CITY OF TUKWILA - FAMILY HOME CHILD CARE / SEPA ENVIRONMENTAL IMPACT STATEMENT L94 -0022 FAMILY HOME CHILDCARE ZONING CODE AMENDMENT ENVIRONMENTAL IMPACT STATEMENT COUNCIL AGENDA SYNOPSIS FAMILY HOME CHILD CARE CODE AMENDMENT ZONING CODE AMENDMENT Initials Meeting Date Mayor's reviews Council review 4/75/94 Original Sponsor: Council Admin. Timeline: Sponsor's Summary: Current codes make family home child care very problematic. In response to several citizen requests, and desiring to make more licensed in-home care available, the Council has requested an interim code revision. Recommendations Sponsor: Committee: Forward to C.O.W. • . . Administration: Provide direction and set a public hearing date • . Cost Impact (if known): Fund Source (if known): . C:O.W. Attachment B 4/25/94 4/25/94 CAS Number: Original Agenda Date: April 20,1994 Agenda Item Title: • Family Child care Homes Code Amendment Original Sponsor: Council xx Admin. Timeline: Sponsor's Summary: . Current codes make family home childcare very problematic. In response to several citizen requests, and desiring to make more licensed in-home care available, the Council has requested an interim code revision. Recommendations: • • Sponsor: • Committee: Forward to C.O.W. • . . Administration: Provide direction and set a public hearing date • . Cost Impact (if known): Fund Source (if known): . .wgwammammwmmimimmonen •*" ''' . :itegake:;:mi ME:Wati .1g. :.atii2 :Mr. .r.' a0:: ..24..• i PIA , .. ...4.:::*:,?zmwm::*rigi:ioxvi,:::,,•:::::ft:::..1,K;ini,:0-•fti:..:::::w$.,g.m., g,„..:.::•.r.?....,:mm:: • - ,.:::.,-. ,,,.:, 0,04w4gAemmwm001,Moo Meeting Date V 1 e m o to Mayor Rants 4/25/94 Action • 4/25/94 • C:O.W. Attachment B 4/25/94 . . . . 4/25/94 • . Attachment D 4/95/94 . . Attncbmenl E • • . • • • • • . . . . • • . . . . • • . aN.,....,,,•w•:•;:i.:::§•iivi:ii;iiia'•:iii•:;:::10g:M.:W::::4:•x*:.:•:::::::,;vsPi,xig,;:iii::Q:iiii:mi••••,,Vi?iiiiRa•:•• ******* •• zOsiwKiiii::;i:,:i:Min.gi.:Ww.iiilikaft::::::miegolin:::;.::::::P.::::...mqinki::. , .„ •*" ''' . :itegake:;:mi ME:Wati .1g. :.atii2 :Mr. .r.' a0:: ..24..• i PIA , .. ...4.:::*:,?zmwm::*rigi:ioxvi,:::,,•:::::ft:::..1,K;ini,:0-•fti:..:::::w$.,g.m., g,„..:.::•.r.?....,:mm:: Meeting Date Attachments /1/25/94. V 1 e m o to Mayor Rants 4/25/94 Council Staff OrdinanCe Attachment A 4/25/94 Legislative Revisions Attachment B 4/25/94 DCD Staff.Ordinance Attachment C 4/25/94 Neighbor Notification Form Attachment D 4/95/94 . ChildrarP •irpnsin8 Fnrm . Attncbmenl E . • . • • • • ' • . . . 0 Alm€. ZF.1)E..e a 1: 30 AM My ,Oci4144 Mk/I 09 09 4- c City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director TO: Mayor Rants FROM: Rick Beeler, DC SUBJ: Interim Family Childcare DATE: April 20, 1994 Background Ordinance Recent revisions of State statute, Council's concerns, and inquiries by residents have prompted a review of Tukwila's ordinances affecting family home childcare. Council staff prepared the attached ordinance (Attachment A) about family childcare homes which the Community Affairs and Parks Committee reviewed, and sent forward to the C.O.W. Environmental review has been completed and a D.N.S. issued April 19, 1994. Recognizing the shortage of licensed childcare, the Legislature ammended the RCW in March, 1994 to prevent cities from enacting or enforcing regulations or policies which prohibit use of a residential dwelling as a family childcare home facility in a residential or commercial zone. (Attachment B) Tukwila's Zoning Code considers family childcare homes as "home occupations." The City interprets these home occupation conditions narrowly, and prohibits employees and customers from coming to the property. Thus, family childcare home operators who wish to do business in Tukwila residential zones must obtain a conditional use permit. While family childcare homes are not prohibited from operating in Tukwila, the City's strict home occupation requirements do prohibit "permitted outright" status for such uses, and the conditional use process is a substantial barrier to family childcare homes. To serve its goal of increasing the supply of home -based childcare, the Legislature addressed potential concerns of neighbors and property owners by allowing cities to: 1) require family childcare to comply with its existing codes; 2) limit childcare operating. hours to help neighborhood compatibility; and 3) require childcare operators to notify adjacent property owners of their intent to provide the service. The preceding provisions give Tukwila some flexibility in revising its current requirements for family childcare homes. The City should leave the specifics of licensing in -home childcare to the Department of Social and Health Services, and limit its concerns to 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 4313670 • Fax- (206) 431-3665 the potential zoning - related impacts of childcare in neighborhoods. Surrounding Cities' Standards In addition to providing more childcare, a primary concern is to preserve the residential character of the community and minimize noise and traffic. The number of children allowed in a family childcare home is the primary variable affecting the amount of noise and traffic generated. Checks with Seattle, Renton, Federal Way, Kent, Olympia and SeaTac reveal that their requirements are all less restrictive than Tukwila'.s. Seattle, Olympia and SeaTac allow family child care homes with up to twelve children by right in all residential zones. A business license is required. Federal Way has a two -tier home occupation standard, and requires home childcare providers to complete an in -home Childcare Land Use Approval Application, and neighbor notification. Renton permits childcare homes with up to six children outright as an accessory use in virtually all residential zones. Childcare homes with seven to twelve children require an "administrative conditional use" (i.e. staff decision with neighbor notification but without a hearing) to locate in many residential zones. Kent allows places a maximum of seven children allowed in childcare homes. Seven corresponds to the number of unrelated persons who may share a single - family home in Kent. Despite concerns over possible impacts, each city contacted indicated that they receive few complaints about family childcare homes. This is consistent with information from the National League of Cities and the American Planning Association which shows that the presence of family childcare homes in residential areas has minimal impact on traffic, and does not pose a serious noise problem. Alternatives 1) Allow family childcare homes with up to 12 children as an accessory use in residential zones, as long as all pertinent Tukwila zoning, building and other code requirements are met, and the home holds a valid license from the State of Washington Department of Social and Health Services (DSHS). 2) Allow family childcare homes with fewer than twelve children with an Administrative Conditional Use Permit and notification of all adjacent property owners /tenants in writing of their intent to do business. Other options could fall in between those spelled out above. For example, Tukwila could allow family childcare homes which do not employ an assistant (thereby permitting from six to ten children in care at a home, depending on specific DSHS licensing requirements) . Alternatively, Tukwila could allow family childcare homes with six or fewer children outright, but require those with seven or more to obtain an Administrative Conditional Use Permit. Recommendation Since other cities with less restrictive regulations have received few complaints concerning family childcare homes, staff recommends Alternative 1 as it will be the simplest to implement. Allowing home childcare outright use will encourage the establishment of State - licensed family childcare homes, and increase the quantity of childcare available to the community. To accomplish this, staff has prepared an ordinance which defines "Family Childcare Home," modifies "Home Occupation" in TMC 18.06, and includes Family Childcare Homes as an accepted Home Occupation in residential zones (Attachment C). We recommend this approach over the Interim Ordinance (Attachment A) reviewed by the Community Affairs and Parks Committee as its provisions, unlike those of the Interim Ordinance, tie directly into the existing zoning code. We believe this achieves the same results, and will be easier to implement on an interim basis. The Council may wish further to consider requiring potential childcare providers to notify owners and tenants within a 300 foot radius of the proposed business (Attachment D). If desired, this provision can be added to the ordinance prior to its adoption. Staff also recommends administrative use of a childcare licencing form and map to let the City keep a record of licensed family childcare homes operating in Tukwila (Attachment E). This information would be provided along with the business license application to allow City staff to monitor the location of family childcare homes in case their concentration /dispersion becomes an issue at a later date. It could also be used by Tukwila Human Resources staff to provide childcare referrals to residents. Staff recommends that records be kept of any complaint received regarding childcare homes for consideration when the permanent zoning ordinance is prepared. rs t-t4 A Staff believes that the Home Occupation section of the Zoning Code s Pi hould be reconsidered when an overall code revision is prepared following adoption of Comprehensive Plan. 3/17/94 DISCUSSION DRAFT AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REGULATING THE ESTABLISHMENT AND OPERATION OF FAMILY CHILD CARE HOMES IN THE CITY OF TUKWILA, WASHINGTON, AND ESTABLISHING INTERIM CONTROLS AND LICENSING REQUIREMENTS. ATTACHMENT A WHEREAS, affordable, good quality, and licensed child day care within the City of Tukwila is critical to the well-being of families in the City, and WHEREAS, there is currently a shortage of licensed child care in the City and the region, and WHEREAS, Tukwila's current codes present expensive and time consuming barriers to licensed providers of family child care, and WHEREAS, in recognizing the need for regulated child care the City Council wishes to facilitate the establishment of legal child care homes until such time as the Tukwila Municipal Code allows family child care homes as an accessory use in residential zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAIN AS FOLLOWS: Section 1. Definitions A. Child abuse or neglect is defined in WAC 388- 155 -010 (4) as now . in effect or subsequently amended. B. Child day care means the provision of supplemental parental care and supervision for a non - related child or children on a regular basis for fewer than 24 hours a day. .For purposes of this ordinance this does not include babysitting services of a casual, non recurring nature or in the child's own home, nor the cooperative, reciprocative child care by a group of parents in their respective homes. C. Family child care home is defined. in WAC 388- 155 -010 (8) as now in effect or as subsequently amended. D. Provider means a person licensed by the State of Washington to operate a family child care home. Section 2. Interim Regulations A. Family child care home A family child care home shall be permitted by right in all .zoning districts permitting single family residences subject to the following requirements: _.Ch t"'` 7'la4! ` 1. The lot size, building size, setbacks a d l o t coverage f the home Cot sec ) ` ' " shall conform to the standards of the zonin district except if the b deo =" ( r✓sL. structure is a legal nonconforming structure. ity r4J' 2. The family child care home shall comply with all building, fire safety, PAUL) G94'3 , health code and business licensing requirements of Tukwila and the (Wc_'riArrn.'vti40")t,-)! Li jIliv State of Washington. A4 , ate A.A. 3. Homes shall have no structural changes for child care purposes ' which will alter the character of the single family residence. C►u (O-V-- (AMA nvw. \-b' 0 0.-ZA e4At.y:4A1 /Yu-) ra . A safe assen g er loading area must be available. c ct.A\. ' 7. A` family home child care provider shall obtain a City business license, but shall be exempted from the requirements for a. home occupation license. 4. The provider of a family child care home must have a valid family day care home license from the City of Tukwila. This license shall not be transferable to any other person, business or address. At any time, should the conditions required for a family child care home license be violated, the City shall have the right to cancel the license. LD 5. At least one off - street parking space for each care giver not living in the dwelling must be available. B. Violations 1. Violations of Section 2a of this ordinances shall be adressed pursuant to TMC 8.45. 2. Complaints about suspected child abuse or neglect of the family child care home shall be referred to the Department of Social and Health Services. Section 3. Interim Controls Section 4. This ordinance is adopted as an interim zoning control pursuant , to. RCW 35A.63.200, and shall be effective for a period of six months from the effective date of this ordinance, unless modified or renewed subsequent to a public hearing and entry of findings of fact. Effective Date This ordinance shall be in full force and effect five (5) days after its passage and publication by posting as provided by law. • PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWIL.A, WASHINGTON, at a Regular Meeting thereof this day of , 1994. ATTACHMENT . B 1 the intent to locate and maintain such a facility. If a dispute'arises. 2 between neighbors and the family day -care provider over licensing 3 requirments, the licensor may provide a forum to resolve the dispute. 4 Nothing in this section shall be construed to prohibit—a—dzy —f -em 5 imposing zoning conditions on the establishment and maintenance of a 6 family day -care provider's home in an area zoned for residential or 7 commercial use, so long as such conditions are no more restrictive than 8 conditions imposed on other residential dwellings in the same zone and 9 the establishment of such facilities is not precluded. As used in this 10 section, "family day -care provider" is as defined in RCW 74 :15.020. 11 NEW SECTION. Sec. 17. A new section is added to chapter 36.70A 12 RCW to read as follows: 13 No city that plans or elects to plan under this chapter may enact, 14 enforce, or maintain an ordinance, development regulation, zoning 15 regulation, or official control, policy, or administrative practice 16 which prohibits the use of a residential dwelling, located in an area 17 zoned for residential •or commercial use, as a family day -care 18 provider's home facility. 19 A city may require that the facility: (1) Comply with all 20 building, fire, safety, health • code, and business licensing 2.1 requirements; (2) conform to lot size, building size, setbacks, and lot 22 coverage standards applicable to the zoning district except if the 23 structure is a legal nonconforming structure; (3) is certified by 'the 24 state department of licensing as providing a safe passenger loading 25 area; (4) include signag'e,, if any, that conforms to applicable 26 regulations; and .(5) limit hours. of .operations to. facilitate 27 neighborhood .compatibility, while also providing appropriate 28 opportunity for persons. who use family day -care and who work a 29 nonstandard work shift. 30 ii A city may also require that the family day -care provider, before 31 state licensing, require proof of written notification by the provider 32 that the immediately adjoining property owners have been informed of 33 the intent to locate and maintain such a facility. If a. dispute arises 34 between neighbors and the family day -care provider over licensing 35 requirements; the licensor may provide a forum to resolve the dispute. 36 Nothing in this section shall be construed to prohibit'a city that 37 plans or elects to plan under this chapter from imposing zoning 38 conditions on the establishment and maintenance of a family day -care E$H 6025,PL 4/19/94 ATTACHMENT C DISCUSSION DRAFT AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REGULATING THE ESTABLISHMENT AND OPERATION OF FAMILY CHILD CARE HOMES IN THE CITY OF TUKWILA, WASHINGTON, AND ESTABLISHING INTERIM CONTROLS AND LICENSING REQUIREMENTS. WHEREAS, affordable, good quality, and licensed child day care within the City of Tukwila is critical to the well-being of families in the City, and WHEREAS, there is currently a shortage of licensed child care in the City and the region, and WHEREAS, Tukwila's current codes present expensive and time consuming barriers to licensed providers of family child care, and WHEREAS, in recognizing the need for regulated child care the City Council wishes to facilitate the establishment of legal child care homes until such time as the Tukwila Municipal Code allows family child care homes as an accessory use in residential zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAIN AS FOLLOWS: Section 1. Add a new definition to TMC 18.06 A. 18.06.273 Family Childcare Home. "Family Childcare Home" means a facility, licensed by the state, in the family residence of the licensee providing regularly . scheduled care by the licensee and /or assistant(s) for twelve or fewer children, including children who reside at the home, within a birth through 'eleven - years -of -age range. The children and assistant may come to the property regularly. An off - street parking place shall be provided for any non - resident employee. Section 2. Amend Paragraph 18.06360 Home Occupation To Read: "Home occupation" means an occupation or profession which is cutomarily incident to or carried on in a dwelling place and not one in which the use of the premises aas a dwelling place is largely incidental to the occupation carried on by a member of the family residing within the dwelling place; provided, that: (1) There shall be no change in the outside appearance of the building or premises; (2) No home occupation shall be conducted in any accessory building; (3) Traffic generated by such home occupations shall not create a nuisance; and . (4) no equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot; and (5) Family Childcare Homes may employ up to two assistants, and provide care for a total of up to 12 children, including those residing at the home. Children and employees may come to the property regularly. An off - street parking space shall be provided for any non - resident employee. Section 3. Amend TMC 18.12.040 to read (3) Home occupations, including family Childcare Homes as defined in Chapter 18.06.273: Section 4. Interim Controls This ordinance is adopted as an interim zoning control pursuant to RCW 35A.63.200, and shall be effective for a period of six months from the effective date of this ordinance, unless modified or renewed subsequent to a public hearing and entry of findings of fact. Section 5. Effective Date This ordinance shall be in full force and effect five (5) days after its passage and publication by posting as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 1994. &.o fig. ' f \ ulkt, Cry -o-- (\myOrbittl . 11pi ccynp (,,1 Gv k — cDY\ C7)k:c( V L tea &6v\P 4)gl traP. tuc) City of Tukwila ATTACHMENT D John W. Rants, Mayor Department of Community Development Rick Beeler, Director NEIGHBOR NOTIFICATION is proposing a daycare at (Applicant's Name) . As part of the Tukwila (Address) in -home daycare application process, notification of adjacent neighbors is required. This daycare will have a maximum of children at any one time, including children already residing on the premises. Please call the City of Tukwila, Department of Community Development at 431 - 3670, if you have any questions or concerns. Please sign your name as an acknowledgement of notification. (Name) (Address) Are you the property owner? Tenant? 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 Fax (206) 4313665 ATTACHMENT 'E CHILD CARE HOME REGISTRATION CITY OF TUKVVIIA Last Name, First Name, Middle Name: Maiden Name (If applicable): Birthdate (mo- day - year): Social Security Number: Home Address (number, street, city, zip code): Employee: Yes No: How Many: Telephone Number (home): Telephone Number (child care): Number of Children Permitted in Childcare: Ages of Children Permitted in Childcare: LICENSING RECORD Days and hours of operation: Washington State Department of Revenue Number: State DSHS License Number: Year Issued: City of Tukwila Business License Number: Tax Parcel Number: Zoning District: Number of Stories: Basement? YES NO Number of Exits to Exterior: Portable Fire Extinguisher: YES NO Smoke Detector(s): Installed: Operational: Floor Area of the Home (square feet): Amount of Floor Area to be Used for child care (square feet): Size of Outdoor Play Area (square feet ): Outdoor Play Area Fenced: YES ... . _ NO . • - Parking Spaces Provided (off - street): Off - Street drop - off/pick -up Area: YES NO NEAREST SCHOOLS Elementary: Middle: High: • NEAREST PUBLIC TRANSPORTATION Type: Location: Signed Off By: Fire Building Planning TITLE 18 — ZONING Chapter 18.12 R -I DISTRICT — SINGLE-FAMILY RESIDENCE Sections: 18.12.010 18.12.020 18.12.030 18.12.040 18.12.050 18.12.060 18.12.070 Purpose. Additional classifications. Principally permitted uses. Accessory uses. Conditional uses. Height, yard and area regulations. Parking regulations. 18.12.010 Purpose. The purpose of this district is to stabilize and preserve low density, single - family residential neigh- borhoods; to prevent intrusions by incompatible land uses; to provide a range of minimum lot sizes in order to respond to the development constraints of the natu- ral environment; and to promote diversity and recog- nize a variety of residential environments. (Ord. 1247 51(part), 1982) 18.12.020 Additional classifications. The R -1 district is further subdivided into districts differing only in the requirements of lot area per dwelling unit as follows: District Minimum Lot Size Per Dwelling Unit R -1- 7.2 7,200 square feet R•1- 9.6 9,600 square feet R-1-12.0 12,000 square feet R- 1.20.0 20,000 square feet (Ord. 1247 §1(part), 1982) 18.12.030 Principally permitted uses. In the R -1 district, no building or land shall be used and no building shall be erected,- altered, or enlarged, which is arranged, intended or designed for other than the following uses: (1) One single - family dwelling per lot; (2) Public parks and playgrounds but not including amusement parks, golf courses, or commer- cial recreation. • (Ord 1247 §1(part), 1982) 18.12.040 Accessory uses. Uses and structures customarily appurtenant to the principally permitted uses, such as: (1) Private garage or carport not exceeding one thousand.square feet in floor area provided it is located on the same lot as the principal use and is subject to the regulations affecting the main building; (2) Private stable, if located not less than sixty feet from front lot line nor less than thirty feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each twenty thousand square feet of stable and pasture area, but not more than a total of two of the above- mentioned animals shall be allowed on the same lot; (311111 _,me oc tiohf;" as defined in ChapteL... 18.06.3! (4) The furnishing of lodging and/or board for ' not more than two persons in a dwelling occupied as a private residence, provided no window or other display or sign is used to advertise such use; (5) Noncommercial greenhouses and storage sheds. , ..: _... (Ord. 1247 §1(part), 1982) 18.12.050 Conditional uses. The following uses require a conditional use per- mit from the City as provided in Chapter 18.64: (1) Churches (not permitted in converted residential buildings or structures in this district) and community center buildings; (2) Public schools, preschool, elementary, junior high schools, and private schools with curricula equivalent to public, elementary or junior high schools; (3) Public libraries; (4) Public museums or art galleries; (5) Fire and police stations; (6) Public utility stations or substations; (7) Transit shelter stations; (8) Water towers. (Ord. 1247 §1(part), 1982) 18.12.060 Height, yard and area regulations. In the R -1 district, the height of buildings, the min- imum dimensions of yards, the minimum lot area per dwelling unit permitted on any lot, and the minimum width of lots shall be as specified in Chapter 18.50. (Ord 1247 §1(part), 1982) 18.12.070 Parking regulations. Parking regulations shall be as provided in Chapter 18.56. (Ord 1247 §1(part), 1982) Printed August 4, 1993 Page 18-19 CIn it• IC TITLE 18 — ZONING exhibits any of the characteristics or criteria of hazardous waste as defined by WAC Chapter-173-303.. (Ord. 1489 §I(D), 1988) 18.06.342 Hazardous substance processing or hand94 "Hazardous substance processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activi- ties do not include individually packaged household consumer products or quantities of hazardous sub - Jstances of less than five gallons in volume per container. `ku (Ord 1489 §1(E), 1988) 18.06.343 Hazardous waste. "Hazardous waste" means and includes all waste as defined in Section 18.06.201 and all extremely hazardous waste as defined in Section 18.06.265. (Ord. 1489 §1(F), 1988) 18.06.344 Hazardous waste storage. "Hazardous waste storage" means the holding of hazardous • waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of WAC Chapter 173 -303. (Ord 1489 §1(C), 1988) 18.06.345 Hazardous waste treatment. "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. (Ord 1489 §1(H), 1988) 18.06.346 Hazardous waste treatment and storage facility, - off -site. "Off -site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off -site facility is located. (Ord 1489 §1(1), 1988) 18.06.347 Hazardous waste treatment and storage facility, on -site. "On -site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes generated on the same site. (Ord 1489 §I(JJ, 1988) 18.06.350 High impact environment. "High impact environment" means the area between one hundred and two hundred feet from the shoreline having the least environmentally protective land use regulations. (Ord. 1247 §1(part), 1982) 18.06.360,Hom9Di>f lcir "Home occupation" means an occupation or pro- fession which is customarily incident to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried_on,._and_w ich occupation is carried on by — inember of the fami residing within the dwelline ;-provided; that (1) There shall be no change in the outside appearance of the building or premises; (2) No home . occupation shall be conducted In any accessory building; (3) Traffic generated by such home occupations shall not create a nuisance .. (4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes,-odor, or electrical interference detectable • µms. •�a�.T-• . . to the normal senses off the lot. :!: 4�:�. i (Ord. 1247 §1(part), ��' M^(, 5�.,-• �K,;,- �id' t�tl, 1¢+ �. Ghl- d:::c.nn:e.�.- V:.oi.i�e!'s`vw: .. •o 1806 370 Hospital. c' . "Hospital" means a building designed and ci used.foe the medical and surgical diagnosis, treatment and hour- ing of persons under the care of doctors and nurses. ;K Rest homes, nursing homes, convalescent homes and wtw;, clinics are not included. x (Ord.' 1247 §1(part), 1982) 18.06.380 Hotel. "Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public :can'be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 1247 §1(part), 1982) 18.06.385 Impervious surface. "Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soil under natural conditions preexistent to development, 'grading or alteration of the land. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, driveways, parking lots, walkways, patio areas, storage areas, compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development.: • (Ord. 1599 52(part), 1991) 18.06.388 Isolated wetlands. "Isolated wetlands" means those wetlands which: 1. Are outside of and not contiguous to any one - hundred -year flood plain of a lake, river, or stream that is designated as a shoreline according to the City's shoreline master plan; and Printed August. 4, 1993 Page 18—' AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REGULATING THE ESTABLISHMENT AND OPERATION OF FAMILY CHILD CARE HOMES IN THE CITY OF TUKWILA, WASHINGTON, AND ESTABLISHING INTERIM CONTROLS AND LICENSING REQUIREMENTS. WHEREAS, affordable, good quality, and licensed child day care within the City of Tukwila is critical to the well -being of families in the City, and WHEREAS, there is currently a shortage of licensed child care in the City and the region, and WHEREAS, Tukwila's current codes present expensive and time consuming barriers to licensed providers of family child care, and WHEREAS, in recognizing the need for regulated child care the City Council wishes to facilitate the establishment of legal child care homes until such time as the Tukwila Municipal Code allows family child care homes as an accessory use in residential zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAIN AS FOLLOWS: Section 1. Add a new definition to TMC 18.06 A. 18.06.273 Family Childcare Home. "Family Childcare Home" means a facility, licensed by the state, in the family residence of the licensee providing regularly scheduled care by the licensee and /or assistant(s) for twelve or fewer children, including children who reside at the home, within a birth through eleven - years -of -age range. The children and assistant may come to the property regularly. An off - street parking place shall be provided for any non - resident employee. Section 2. Amend Paragraph 18.06360 Home Occupation To Read: "Home occupation" means an occupation or profession which is cutomarily incident to or carried on in a dwelling place and not one in which the use of the premises aas a dwelling place is largely incidental to the occupation carried on by a member of the family residing within the dwelling place; provided, that: (1) There shall be no change in the outside appearance of the surrounding residental development; (2) No home occupation shall be conducted in any accessory building; (3) Traffic generated by such home occupations shall not create a nuisance; and (4) no equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot; and (5) Family Childcare Homes may employ assistants, and provide care for a total of up to 12 children, including those residing at the home. Children and employees may come to the property regularly. An off - street parking space shall be provided for any non - resident employee. Section 3. Amend TMC 18.12.040 to read (3) Home occupations, including family Childcare Homes as defined in Chapter 18.06.273. Section 4. Interim Controls This ordinance is adopted as an interim zoning control pursuant to RCW 35A.63.200, and shall be effective for a period of six months from the effective date of this ordinance, unless modified or renewed subsequent to a public hearing and entry of findings of fact. Section 5. Effective Date This ordinance shall be in full force and effect five (5) days after its . passage and publication by posting as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of . 1994. CITY OF TUKWILA DETERMINATION OF NONSIGNIFICANCE (DNS) DESCRIPTION OF PROPOSAL: Code amendment defining family childcare homes and establishing interim controls /licensing requirements. PROPONENT: CITY OF TUKWILA LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ADDRESS: PARCEL NO: SEC /TWN /RNG: CITY WIDE LEAD AGENCY: CITY OF TUKWILA The City has determined that the proposal- does not have ' "'a probable. significant adverse impact on the environment.. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2)(c) This decision was made after review of a completed environmental checklist and information on file with the lead agency: This information is available to the public on request. FILE NO: L94- 0022.. ******** ' * * * * * * * * * * *: * * * ** * * * ** * * * * * *** *,r ; **4 * * * * * * * * * *** * * * * * *44 * * * * ** Thisj4etermination is final and signed this 199 k - Beeler, Responsible Official City of Tukwila, (206) 431 -3680 6300 Southcenter Boulevard Tukwila, WA 98188 You may appeal this determination to the City Clerk at -City Hall, 6200 Southcenter Boulevard, Tukwila, WA no;.:late, than 10 days from the above signature date by written appeal : stating the basis of the appeal for specific factual objections. You may be required to bear some of the expenses for an appeal. Copies of the procedures for SEPA appeals are available with the City Clerk and Department of Community Development. A F F I D'A V I T I, Sylvia A. Osby fl Notice of Public Hearing Notice of Public Meeting flBoard of Adjustment Agenda Packet OBoard of Appeals Agenda Packet • flPlanning Commission Agenda Packet 0 Short Subdivision Agenda Packet O F D I S T R I B U T I O N hereby declare that: DNotice of Application for Shoreline Management Permit 0 Shoreline Management Permit X 1 Determination of Non - significance Mitigated Determination of Nonsignificance ODetermination of Significance and Scoping Notice. . O Notice of Action U Official Notice Other —1 Other was mailed to each of the following addresses FAXED TO SEATTLE. TIMES (Publishing. date 4- 22 -94) MAILED TO DEPARTMENT OF ECOLOGY - SEPA MAILED TO ATTORNEY GENERAL'S OFFICE VIA ECOLOGY SENT TO MAYOR, CITY CLERK, Name of Project FAMILY HOME CHILDCARE File Number L94 -0022 Signat on April 20, 1994 1. Control No. Epic. File No. Fee $ 325 Receipt No. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Fawl (Acre- 2. Name of applicant: 7 i4k u» 1pi ��► �'V C!?r�nc i 3. Address and phone number of applicant and contact person: 6, 20 D 5o u to corleri, 1 V ci T-ti Ktivati q 8 18? j 4 3• 03/ `t 4. Date checklist prepared: Marct1 22 Iggy 5. Agency requesting Checklist: K8'cN City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): 4eLopt (i11 S OrikiN4Vmet i&nmew prt9cteof Wife, 0� ra.Glneht • • • to 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. IRdor.t inor -e perwiou nest• prov isinn s 4%r fet■silly ci+i )cj race ih 1 vrwilA's 2.oh4,3 code_ as sec h ors �rctc sc..* possi �l�, 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Api 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. Se v.eA.a l F,-0 v' de r. kawe Con tad -flu. c-i A.bokt wa?t h 15 -. G 1 Li 0. r-i w, A [• 0 I.._.�. , i et c -2- 10. List any government approvals or permits that will be needed for your proposal. 0 ism /�lr.... ►4.. •11 • .s 'MAML(. Usi Hess i c. nSe Co oroL 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternatives of your proposal and should not be summarized here. St* c o n -fre Is o►-i pro v ieltrs of famthi ckv&s.ad ^C 44 Tt w; t 4 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applica- tions related to this checklist. 13. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? TO BE•COMPLETED BY APPLICANT Evaluation for Agency Use Only B. ENVIRONMENTAL ELEMENTS 1. .Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other N/R b. What is the steepest slope on the site (approximate percent slope)? c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. 'D,JA d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. 1'�MA- e. Describe the purpose, type, and approximate quanti- ties of any filling or grading proposed. Indicate source of fill. TWA- f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. '12N1r g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? TW D o.es Not A-pp[y Evaluation for Agency Use Only h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: DIVA 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. nNA b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. VNit c. Proposed measures to reduce or control emissions or other impacts to air, if any: 'DNA 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year - round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. IJ Wft Evaluation for Agency Use Only 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. DW A 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. DN A 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quan- tities, if known. DNA 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. DNA 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. DA/Pt Evaluation for Agency Use Only b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quan- tities, if known. DivA 2) Describe waste materials that will be discharged into the ground from septic tanks or other sour- ces, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number . of animals or humans the system(s) are expected to serve. O N A c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water).and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into . other waters? If so, describe. 'D N A. Evaluation for Agency Use Only 2) Could waste materials enter ground or surface waters? If so, generally describe. 1)/VA d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: DA//* 4. Plants a. Check or circle types of vegetation found on the site: 'pN Pt _ deciduous tree: alder, maple, aspen, other _ evergreen tree: fir, cedar, pine, other - shrubs grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? ') N /a c. List threatened or endangered species known to be on or near the site. T/VA Evaluation for Agency Use Only d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: DNA 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. 17A/A c. Is the site part of a migration route? If so; explain. 'DNA d. Proposed measures to preserve or enhance wildlife, if any: DNA 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solor) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. 'DNA b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. DNA. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: ) N Pr 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 17 M f} 1) Describe special emergency services that might be required. tN 2) Proposed measures to reduce or control environ- mental health hazards, if any: 'D N fj -10- Evaluation for Agency Use Only Evaluation for Agency Use Only b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? D N A 2) What types and levels of noise would be created by or associated with the project on a short - term or a long -term basis (for example: traf- fic, construction, operation, other)? Indicate what hours noise would come from the site. 'p/►//¢ 3) Proposed measures to reduce or control noise impacts, if any: DNA 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? DNA b. Has the site been used for agriculture? If so, describe. r_ / c. Describe any structures on the site. VNA Will any • •tructures be demolished? If so, what? Vv-ft What is t site? .p e current zoning classification of the F? What is t of the site? If applicable, program designation e current comprehensive plan designation DAM - what is the current shoreline master of the site? D N fl Has any part "environmentally of the site been classified as an sensitive" area? If so, specify. DN ft Approximately in the completed how many people would reside or work project? ID/JA Approximately project displace? how many people would the completed WV IMF - Proposed impacts, if measures to avoid or reduce displacement any: D N /4- Proposed patible with plans, if measures to ensure the proposal is com- existing and projected land uses and any: 1)NR -12- Evaluation for Agency Use. Only Evaluation for Agency Use Only 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing? DNA b. Approximately how many units, if any, would be eli- minated? Indicate whether high, middle, or low - income housing. Dti/Pr Proposed measures to reduce or control housing impacts, if any: eDNf' 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? DNA b. What views in the immediate vicinity would be altered or obstructed? IN A c. Proposed measures to reduce or control aesthetic impacts, if any: 17Nf4- Evaluation for Agency Use Only 11. Light and Glare 'a. What type of light or glare will the proposal produce? What time of day would it mainly occur? 'pNp, b. Could light or glare from the finished project be a safety hazard or interfere with views? DN It c. What existing off -site sources of light or glare may affect your proposal? pN�_ d. Proposed measures to reduce or control light and glare impacts, if any: DNA 12. Recreation a. What designed and informal recreational oppor- tunities are in the immediate vicinity? DNA b. Would the proposed project displace any existing recreational uses? If so, describe. DNA c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: fN f\ 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or pro- posed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. DNA. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. DN14 • c. Proposed measures to reduce or control impacts, if any: 'DNA 14. Transportation a. Identify public streets and highways serving the site, and describe proposed accss to the existing street system. Show on site plans, if any. DMA b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? iDNA c. How many parking spaces would the completed project have? How many would the project eliminate? DAM- -15- Evaluation for Agency Use Only d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not . including driveways? If so, generally describe (indicate whether public or private). e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. -- f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Proposed measures to reduce or control transpor- tation impacts, if any: 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any. Evaluation for Agency Use Only 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. C. Signature The above answers are true and complete to the best of my knowledge. 1 understand that the lead agency is relying on them to make its decision. Signature: LALALcAli _,4 444,41741. _ Date Submitted: 72/4)9c PLEASE CONTINUE TO THE NEXT PAGE. Evaluation for Agency Use Only TO BE COMPLETED BY APPLICANT Evaluation for Agency Use Only D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not imple- mented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? 1)0554k. noise ihcveA.se in �� cjuic( care ko not, Cowstd 129 ch.; 0,,.0, ayi h9 .H hfiKD Or cryih , Proposed measures to avoid or reduce such increases are: (_ rx fi �o�'A I h U ►v+ b�cr of atit m l Z / lLm� sc 2. How would the proposal be likely to affect plants, ani- mals, fish, or marine life? A/i/<} Proposed measures to protect or conserve plants, ani- mals, fish, or marine life are: N /Pt Agency Use Only 3. How would the proposal be likely to deplete energy or natural resources? . AJ/ft Proposed measures to protect or conserve energy and natural resourses are: Ay/}- 4. How would the proposal be likely. to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands,. floodplains, or prime farmlands? A/ /A- Proposed measures to protect such resources or to avoid . or reduce impacts are: IYlij' 5. How would the proposal be likely to affect land and shoreline use, inclduing whether it would allow or encourage land or sha eline uses incompatible with existing plans? t Evaluation for Agency Use Only 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If o, what poli- cies of the Plan? ft/of with Ct YKnt p o sikk ,ct 1t14 cI AI V(Msiota of (gyp r40.!+ i„ -t 4419 191 however she* k w w i [I d t c c. fi ute VeA sn b e ch tined bilent. ��KA! adopfitni Proposed measures to avoid or reduce the conflict(s) are: ttod.rtss jam rovisiehs At PIA►i►,iN4 CovnvNiSS Or Co BeFoci' act.pfirs TO BE COMPLETED BY APPLICANT Evaluation for Agency Use Only E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental infor- mation provided and the submitted plans, documents, suppor- tive information, studies, etc. 1. What are the objective(s) of the proposal? 1. To cer-+►rn I l y c A ld n m e s q- p rot/ r d.Q r s by f. r15 In r'► V 3 TAA, fo l l o u) C J 17 rep O cch o n s dd ress a. need for i he rta sed. licensee. ck Id r 4 re +:r, fil►.Q. c i ly And t4 e. rr o i on 3. Mare it' tasirr for c +e' comply wHit. ']-uKwifa 1-44.4) 5, rekr4v rncouramin5 IrSciI IICeN$1h5. 2. What are the alternative means of accomplishing these objectives? CJA tki. (41.6 tl -ror R' wiertill re► ccs ss 3. Please compare the alternative means and indicate the preferred course of action: -ri 0.14 tAtd it.1H iArt4 ilf As a Loll 1A4+1 £ o14J 1'rn . I rM 141C1:44. �7 H to . tttrfil ht C aMA.L. a yL e tip As n.ai C cu fvr child r• " a 2-064 /4.1q c 0Jc c i t. i WI'1I *COh e 6 - E ni o ►+ fibs s n fvt.vw+ Cd n vo is of rc • noW. Evaluation for Agency Use Only 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? _(V p t iv i -Pt GwvrY, .t" plAw4 Proposed measures to avoid or reduce the conflict(s) are: -23- P- tfaG% I, 'Die/Aft n rnl 'r�an.cA