HomeMy WebLinkAboutOrd 2502 - TMC Title 21 "State Environmental Act Policy" Code AmendmentsWashington
Cover page to Ordinance 2502
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKVWIILA, 'WASIHIfNGT }N, AMENDING VARIOUS
ORDINANCES AS CODIFIED IN TUKWILA. (MUNICIPAL
CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT
POLICY," TO INCORPORATE A VARIETY OF
HOUSEKEEPING CODE AMENDMENTS ESTABLISHING
NEW ' OLICIIES RELATING TO ENVIRONMENTAL
REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN
CENTER, PROVIDING FOR SEVERA ILITV ; AND
ESTABLISHING AN EFFECTIVE :ATE.
Ordinance 2502 was amended or repealed by the
following ordinances.
,ion(s) Amended
1
iended by Ord #
2711
ion(s) Repeale
2,3
Repealed by Ord
2711
City of Tukwila
Washington
Ordinance No. (,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING VARIOUS
ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL
CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT
POLICY," TO INCORPORATE A VARIETY OF
HOUSEKEEPING CODE AMENDMENTS; ESTABLISHING
NEW POLICIES RELATING TO ENVIRONMENTAL
REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN
CENTER; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Department of Ecology has updated the State Environmental
Policy Act (SEPA) rules resulting in some incorrect references in Tukwila Municipal
Code; and
WHEREAS, the list of plans referenced under Tukwila Municipal Code Section
21.04.270 have been updated and references old plans such as the 1995
Comprehensive Plan and the Parks and Open Space Plan adopted by Ordinance No.
1315; and
WHEREAS, future project- specific development proposals in the Tukwila Urban
Center (TUC) that are consistent with the Southcenter Subarea Plan, new TUC
development regulations, and the Supplemental Environmental Impact Statement do
not require individual SEPA review and cannot be challenged administratively or
judicially pursuant to SEPA; and the City's SEPA ordinance must be revised to include a
process for tracking projects that meet the criteria and are exempt from SEPA; and
WHEREAS, the City Council desires to amend Tukwila Municipal Code Title 21 to
clarify and correct the issues noted above; and
WHEREAS, on March 23, 2016, the City was informed by the Washington State
Department of Commerce that it had met the Growth Management Act notice
requirements under RCW 36.70A.106; and
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WHEREAS, on March 24, 2016, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the Tukwila Municipal Code and at that meeting adopted a motion recommending the
proposed changes; and
WHEREAS, on April 29, 2016, the City's State Environmental Policy Act (SEPA)
Responsible Official issued a Determination of Non - Significance on the proposed
amendments; and
WHEREAS, on May 9, 2016, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony concerning the recommendations of
the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Nos. 2173 §1, 1344 §6 and 1331 §11, as codified at Tukwila
Municipal Code (TMC) Section 21.04.110, are hereby amended to read as follows:
21.04.110 Categorical exemptions — Flexible thresholds
A. The City establishes the following exempt levels for minor new construction
based on local conditions:
1. For residential dwelling units in WAC 197 -11 -800 (1)(b)(i) and WAC 197 -
11- 800(1)(b)(ii) up to nine dwelling units.
2. For agricultural structures in WAC 197 -11 -800 (1)(b)(iii) up to 10,000
square feet.
3. For office, school, commercial, recreational, service or storage buildings in
WAC 197 -11 -800 (1)(b)(iv), up to 12,000 square feet, and up to 40 parking spaces.
4. For parking lots in WAC 197 -11- 800 (1)(b)(iv), up to 40 parking spaces.
5. For landfills and excavations in WAC 197 -11 -800 (1)(b)(v), up to 500 cubic
yards.
B. The responsible official shall send copies of all adopted flexible thresholds to
the Department of Ecology, headquarters office, Olympia, Washington.
Section 2. Ordinance No. 1853 §6, as codified at TMC Section 21.04.152, is
hereby amended to read as follows:
21.04.152 Planned actions identified
Planned actions are specifically identified as developments which satisfy all of the
following characteristics:
1. is a "permitted use" located within the MIC /L (TMC 18.36.020) and MIC /H
(TMC 18.38.020) zones and /or is an accessory use (TMC 18.36.030 and 18.38.030
respectively) ( "conditional" and "unclassified" uses are not planned actions); and
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2. satisfies the consistency checklist which demonstrates that all impacts
have been mitigated; and
and
3. is consistent with the Tukwila Comprehensive Plan per RCW 43.21.440;
4. is not any of the following:
a. an "essential public facility" as defined in RCW 36.70a.200, per RCW
43.21C.031(2);
b. an action which is not consistent with the Tukwila Comprehensive Plan
as adopted per RCW 36.70A (consistency required per RCW 43.21 C.031(2));
c. a conditional or unclassified use, in the respective MIC /L or MIC /H
zones;
d. a development related to the Regional Transit Authority light rail or
commuter rail system;
e. any decisions about the 16th Avenue Bridge improvement or
disposition which would normally require a SEPA threshold determination; or
f. a development in which any portion includes shoreline modifications
waterward of the ordinary high water mark.
Section 3. Regulations Established. A new TMC Section 21.04.165 is hereby
established to read as follows:
21.04.165 Environmental review for development in the Tukwila Urban Center —
Policies
A. Development proposed in the Tukwila Urban Center will not be subject to
environmental review and project- specific SEPA -based administrative or judicial
appeals if all of the following criteria are met:
1. The proposed development is consistent with the Southcenter Subarea
Plan and associated development regulations in TMC Chapter 18.28.
2. The proposed development meets all established conditions or mitigation.
3. Probable significant adverse impacts of the proposed development have
been identified in the Supplemental Environmental Impact Statement (SETS) prepared
for the Southcenter Subarea Plan.
4. The traffic generated from the proposal does not cause the total number of
PM hour peak trips generated within the Southcenter Subarea as a whole to exceed the
maximum number of new Pm peak hour trips threshold as identified in the SEIS for the
Southcenter Subarea Plan, or a subsequent traffic analysis based on a revised future
land use scenario for the Southcenter Subarea.
5. The project application vests by April 4, 2023.
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6. The proposed development is
a. not a public facility or utility;
b. not an "essential public facility" as defined in RCW 36.70A.200 and
TMC Section 18.06.270;
c. not a conditional or unclassified use, in the respective TUC zones;
d. not a development for which any portion includes shoreline
modifications waterward of the ordinary high water mark.
B. A consistency checklist shall be provided by the Department of Community
Development to track all the criteria listed under TMC Section 21.04.165.A. The
applicant shall submit a response to the consistency checklist documenting that the
proposed development complies with all of the criteria listed under TMC Section
21.04.165.A.
Section 4. Ordinance Nos. 1757 §2, 1599 §7(5), 1344 §14 and 1331 §24, as
codified at TMC Section 21.04.270, are hereby amended to read as follows:
21.04.270 SEPA — Policies
A. The policies and goals set forth in this chapter are supplementary to those in
the existing authorization of the City.
B. The City adopts by reference the policies in the following City codes,
ordinances, resolutions and plans as now exist or as may be amended hereafter:
1. Annexation Policy Plan
2. Comprehensive Land Use Policy Plan
3. Comprehensive Water Plan
4. International Building Code
5. Long Range Parks and Open Space Plan
6. Sanitary Sewer Comprehensive Plan
7. Shoreline Master Plan
8. Sidewalk Ordinance
9. Southcenter Subarea Plan
10. Southcenter Design Manual
11. Standard Specifications for Municipal Construction
12. Subdivisions and Plats — TMC Title 17
13. Surface Water Comprehensive Plan
14. Transportation Improvement Plan
15. Zoning Code — TMC Title 18
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Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering.
Section 6. Severability. If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 7. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 0l_g- S1 , 2016.
ATTEST /AUTHENTICATED:
( YA��� C r F k�4
Christy O laherty, MMC, Cit Jerk
APPROVED AS TO FORM BY:
Rachel B. Turpin, City Attorney
Filed with the City Clerk: 5-11-lb
Passed by the City Council:
Published:
Effective Date:
Ordinance Number: 2,5o
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2499 -2502.
On May 16, 2016 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2499: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2124 §2 AND 1833 §1
(PART), AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, "SUBDIVISIONS
AND PLATS," AT SECTION 17.14.050, TO MAKE THE EXPIRATION OF PLATS
CONSISTENT WITH STATE LAW; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2500: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE TITLE 18, "ZONING," TO REMOVE THE VARIOUS LISTS
OF "USES" FROM MULTIPLE SECTIONS OF TITLE 18 AND TO REPLACE THE LISTS
WITH AN INCLUSIVE TABLE OF USES, AND TO INCORPORATE A VARIETY OF
HOUSEKEEPING CODE AMENDMENTS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2501: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2469 §1, 2375 §5 AND §8,
2303 §3 AND §5, AND 2409 §1, AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE
19, "SIGN AND VISUAL COMMUNICATION CODE," AT VARIOUS SECTIONS, TO
INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS;
REPEALING ORDINANCE NO. 2303 §7; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2502: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN
TUKWILA MUNICIPAL CODE CHAPTER 21.04, "STATE ENVIRONMENTAL ACT
POLICY," TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE
AMENDMENTS; ESTABLISHING NEW POLICIES RELATING TO ENVIRONMENTAL
REVIEW FOR DEVELOPMENT IN THE TUKWILA URBAN CENTER; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: May 19, 2016