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HomeMy WebLinkAboutCOW 2016-11-28 COMPLETE AGENDA PACKETTukwila City Council Agenda •••• COMMITTEE OF THE WHOLE ❖ O1lt w a GI a Allan 1908 David Ekberg, Mayor Councilmembers: + Dennis Robertson ❖ Verna Seal Cline, City Administrator •:• Kathy Hougardy + De'Sean Quinn Council President ❖ Kate Kruller ❖ Thomas McLeod Joe Duffie, Monday, November 28, 2016; 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. (Refer to back of agenda page for additional information.) 3. PUBLIC HEARINGS a. Code changes: (1) An ordinance updating regulations regarding surface water management, establishing a new section entitled "Trash and Waste Receptacles." (TMC Title 14) (2) An ordinance related to low impact development requirements, establishing two new sections entitled "Permit Application Requirements" and "Seasonal Limitation Period." (TMC Title 16) (3) An ordinance implementing low impact development requirements in the design and review of surface water drainage on development projects. (TMC Titles 8 and 18) Pg.1 Pg.7 Pg.15 Pg.25 4. SPECIAL ISSUES a. Code changes: (1) An ordinance updating regulations regarding surface water management, establishing a new section entitled "Trash and Waste Receptacles." (TMC Title 14) (2) An ordinance related to low impact development requirements, establishing two new sections entitled "Permit Application Requirements" and "Seasonal Limitation Period." (TMC Title 16) (3) An ordinance implementing low impact development requirements in the design and review of surface water drainage on development projects. (TMC Titles 8 and 18) b. A non - binding statement of intent to enter into an Interlocal Agreement with Regional Animal Services of King County (RASKC). c. A resolution accepting a land donation. d. A resolution authorizing study of the Landscape Conservation and Local Infrastructure Program (LCLIP). e. An ordinance updating the rental license requirements to match the fee resolution and require proactive pest control. Pg.1 Pg7 Pg15 Pg.25 Pg.51 Pg.111 Pg.129 Pg.189 (continued...) COMMITTEE OF THE WHOLE MEETING Monday, November 28, 2016 Page 2 4. SPECIAL ISSUES (cont.) f. Affordable housing legislation: (1) An ordinance reducing development and land use fees for certain affordable housing projects. (2) An ordinance to provide an impact fee deferral process for single - family residential construction. g. Budget legislation: (1) An ordinance adopting the biennial budget for the 2017 -2018 biennium. (2) A resolution adopting the 2017 -2022 Financial Planning Model and the Capital Improvement Program for general government and the City's enterprise funds. P /ease bring your Preliminary Budget Workbook. Q Pg.203 Pg.211 Pg.217 Pg.235 Pg.239 Pg.245 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. ADJOURNMENT Tukwila City Hall is ADA accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206- 433 -1800 or TukwilaCityClerk @TukwilaWA.gov). This agenda is available at www.tukwilawa.gov, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio /video taped (available at www.tukwilawa.gov) HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to 5 minutes. The Council appreciates hearing from citizens but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. CITIZEN COMMENTS At each Council meeting, citizens are given the opportunity to address the Council on items that are not included on the agenda during CITIZEN COMMENTS. Please limit your comments to 5 minutes. SPECIAL MEETINGS /EXECUTIVE SESSIONS Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial, or personnel matters as prescribed by law. Executive Sessions are not open to the public. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action on matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. 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. 5. 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 that time. 6. After the Public Hearing is closed and during the Council meeting, the Council may choose to discuss the issue among themselves, or defer the discussion to a future Council meeting, without further public testimony. Council action may only be taken during Regular or Special Meetings. COUNCIL MEETING SCHEDULE No Council meetings are scheduled on the 5th Monday of the month unless prior public notification is given. Regular 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. and Special Meetings. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular or Special Council meetings. Committee of the Whole Meetings - Councilmembers are elected for a four -year term. The Council President is elected by the Councilmembers 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 there are forwarded to Regular or Special Council meetings for official action. COUNCIL AGENDA SYNOPSIS Initials it4eetingDate Prepared by BG fir Mayor's review %e C nth/ review 11/28/16 12/05/16 BG ` I. ❑ Resolution hltg Date 2 Ordinance ❑ Bid Award Mtg Date Z Public Hearing A1tg Date 11/28/16 ❑ Other Altg Date Aitg Date A1tg Date 12/05/16 SPONSOR ❑ Council ❑ Mgor ■ HR 0 DCD ❑ Finance ❑ Fire ❑ TS IN P&R ❑ Police 2 PTV SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to SuM:tiL RY adopt Low Impact Development (LID) Principles and LID Best Management Practices. In addition, the City is required to adopt the State Department of Ecology's Stormwater Manual or equivalent. TMC Titles 14, 16, 8.25 & 18 will need to be amended by Ordinance to meet these requirements. Title 14 will adopt the 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual. REVIEWED BY ITEM INFORMATION ITEM NQ. 3.A. & 4.A. 1 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/28/16 AGENDA ITEM TITLE NPDES Surface Water Permit Requirements for LID Development Ordinance Amendments to TMC Titles 14, 16, 8.25 & 18 CATEGORY EI Discussion 11/28/16 ❑ Motion Alts Date ❑ Resolution hltg Date 2 Ordinance ❑ Bid Award Mtg Date Z Public Hearing A1tg Date 11/28/16 ❑ Other Altg Date Aitg Date A1tg Date 12/05/16 SPONSOR ❑ Council ❑ Mgor ■ HR 0 DCD ❑ Finance ❑ Fire ❑ TS IN P&R ❑ Police 2 PTV SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to SuM:tiL RY adopt Low Impact Development (LID) Principles and LID Best Management Practices. In addition, the City is required to adopt the State Department of Ecology's Stormwater Manual or equivalent. TMC Titles 14, 16, 8.25 & 18 will need to be amended by Ordinance to meet these requirements. Title 14 will adopt the 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual. REVIEWED BY ❑ COW Mtg. Cmte ❑ CA &P Cmte ❑ F &S Cmte ❑ Parks Comm. COMMITTEE CHAIR: ❑ Transportation Cmte 1 Utilities • Arts Comm. l/ Planning Comrn. DATE: 9/13 & 9/27, & 10/27/16 KATHY HOUGARDY RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 11/28/16 12/05/16 MTG. DATE ATTACHMENTS 11/28/16 Informational Memorandum dated 11/23/16 Draft Title 14 Ordinance, Draft Title 16 Ordiance, Draft Title 8.25 & 18 Ordinances Minutes from the Utilties Committee meeting of 9/13/16 and 9/27/16 Minutes from the Planning Commission meeting of 10/27/16 12/5/16 1 City of Tukwila Public Works Deportment - Bob Giberson, Director INFORMATIONAL MEMORANDUM TO: City Council FROM: Bob Giberson, Public Works Director BY: Greg Villanueva, NPDES Coordinator CC: Mayor Ekberg DATE: November 23, 2016 SUBJECT: NPDES Phase 11 Permit for Surface Water Project No. 99341210 Stormwater Updates to TMC Title 14, Title 16, and Title 8.25 & 18 Allan Ekberg, Mayor ISSUE Adopt three ordinances that update Tukwila Municipal Code (TMC) Title 14, 16, 8.25 & 18. BACKGROUND The City of Tukwila operates its municipal drainage system under a National Pollutant Discharge Elimination System (NPDES) Phase ll storm water permit administered by the Department of Ecology (DOE). This NPDES permit allows the City to discharge surface water to Waters of the State (Green /Duwamish River) if we meet various permit requirements. One permit requirement mandates that the City review, revise, and make Low Impact Development (LID) principles and LID Best Management Practices effective in City codes and other enforceable documents no later than December 31, 2016. This mandate also requires that the City adopt a new Surface Water Design Manual that meets Department of Ecology requirements. ANALYSIS TMC Section 14.30 Surface Water Management For the updated Surface Water Design Manual, staff began working on this NPDES permit requirement by comparing the DOE's 2012 Stormwater Management Manual and the 2016 King County Surface Water Design Manual (KCSWDM). Staff determined that adopting the 2016 KCSWDM along with the 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) is our best option to meet the DOE requirement to adopt a new Surface Water Design Manual. The City currently uses the 2009 KCSWDM and the 2016 KCSWDM is an update that incorporates the required LID principles and practices. Adopting the 2016 KCSWDM is consistent with the majority of our neighboring cities. Staff prepared an ordinance to amend the Surface Water Management Chapter, TMC Section 14.30, to adopt these manuals as well as several other code changes. The proposed substantive changes are:. • Adding a definition for Law Impact Development (LID) • Adopting the 2016 King County Surface Water Design Manual ( KCSWDM) • Adopting the 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) • Adding a requirement for additional no dumping labeling to catch basins • Adding requirements for trash and waste receptacles The 2016 King County Surface Water Design Manual and the 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) can be found on the City's NPDES web page. W:1PW Eng \PR ©JECTS'A- DR ProjectANPGES Program {99341210}12015 017 Capacity Granl101ak LID Gap MalysssICOW Nov 2 2016 Info Memo.dccx 3 NPDES Info Memo November 23, 2016 Page 2 TMC Titles 16, 825 & 18 In addition to adopting new storm water requirements, the NPDES Permit requires that the City review all development related codes, rules, and standards to incorporate LID principles and practices and identify any existing regulations that might conflict with those LID principles and practices. To accomplish this requirement, the City contracted with Otak, Inc. to provide an LID gap analysis of our codes. Otak developed a list of various City codes that may provide barriers to LID implementation. Otak then met and worked with staff from relevant departments to review the potential LID barriers and update the City codes where needed. The public was informed about this code updates through notices posted at public facilities and LID information on the City's NPDES web page, along with holding several public meetings. This process produced proposed changes to TMC Section 16.54, Section 8.25, and Title 18. The proposed changes to each are as follows: TMC Section 16.54 Grading The proposed grading changes in TMC 16.54 are significant and are consistent with changes King County was required to make to their grading ordinance in order for the DOE to consider the King County Surface Water Design Manual equivalent to the DOE Surface Water Design Manual. The proposed substantive changes that amend TMC Section 16.54 are: • Adding additional permit application requirements • Revising erosion and sediment control standards • Adopting the international Building Code by reference • Adding cut and fill standards • Adding requirements to maintain moisture holding capacity of soil TMC Section 8.25 Vehicle Parking and Storage on Single Family Property and Title 18 Zoning In addition to LID code updates to TMC Chapter 18, it was also determined that Parking regulations currently in TMC Section 8.25 Vehicle Parking and Storage on Single Family Property, which contained LID regulations, were better suited in TMC Chapter 18. The proposed substantive changes to both chapters are: • Updating the Durable Uniform Surface definition to include pervious surfaces and moving it from TMC Section 8.25 and into Section18.06 • Moving TMC Section 8.25.020 Parking Limitations to TMC Section 18.56.056 • TMC Title 18 - Adding definitions concerning permeable pavement and green roofs • TMC Title 18 - Modifying the development area for single family properties • TMC Title 18 - Allowing bioretention facilities as acceptable within landscaped areas • TMC Title 18 - Adding soil protection and amendment requirements • TMC Title 18 - Eliminating the largest Off- Street Parking stall size standard • TMC Title 18 - Referencing a bioretention plant list for bioretention facilities Committee Review and Public Input The following is a summary of the various committee meetings and public involvement: • 2/14/16 Surface Water Management Program Open House LID Discussion • 2/23/16 Utilities Committee LID presentation • 3/21/16 Transportation Committee LID presentation • 5/14/16 Backyard Wildlife Festival LiD presentation W:IPW Eng1PROJECTS1A• DR ProjeclsWPDES Program {9934121012015 2©11 Capacity GrarlOtalt LID Gap MaysislCOW Nov 28 2016 Inca Memo don 4 NPDES Info Memo November 23, 2016 Page 3 • 8/10/16 LID Open House • 9/13/16 Utilities Committee Title 14, Title 8, and Title 18 LID Code Update • 9/27/16 Utilities Committee Title 16 LID Code Update • 10127/16 Planning Commission Meeting Title 8 and 18 Public Hearing • 11/28/16 Committee of Whole Title 14 and 16 Public Hearing • 11/28/16 Committee of Whole Titles 8, 14, 16 and 18 discussion • 12105116 Scheduled adoption Council Regular meeting FISCAL IMPACT The new drainage requirements will impact both private and public projects and may affect design, construction, and maintenance costs. The U.S. Environmental Protection Agency has competed studies on the cost of LID implementation and determined that an LID approach to storm water management is less expensive on average to construct and maintain then using conventional storm water facilities. RECOMMENDATION Council is being asked to approve three Ordinances that amend TMC Sections 14.30, 16.54, and 8.25 & Title 18 and consider these items on the Consent Agenda at the December 5, 2016 Regular Meeting. ATTACHMENTS Draft Ordinance Amending TMC Section 14.30 Draft Ordinance Amending TMC Section 16.54 Draft Ordinance Amending TMC Section 8.25 and TMC Title 18 W:NW Eng1PROJECTS1A; ❑R Projects,APDES Program (99341214 }12015 2017 Capacity Gran0Otak UD Gap Malysis1COW Nov 28 2418 Info FAenio.docx 5 t, _.1] fr;l Proposed TMC Title 14 y AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2274 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 14.30.030, 14.30.060 AND 14.30.100, TO UPDATE REGULATIONS REGARDING SURFACE WATER MANAGEMENT; ESTABLISHING A NEW SECTION ENTITLED "TRASH AND WASTE RECEPTACLES," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTION 14.30.110; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System ( NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit"); and WHEREAS, the Permit extends the coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, stormwater management procedures established in 2010 by City of Tukwila Ordinance No. 2274, and amended by Ordinance No. 2423, no longer effectively address the surface water management requirements outlined above; and WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing on the draft ordinance; and W: Word PracessinglOrdinances \Low Impact Development rgmts -TMC 14.30 strike -thru 1D -11 -16 GV:bjs Page 1 of 7 7 WHEREAS, the City Council deems it to be in the best interest of public safety, health and welfare for its citizens to enact the new surface water regulations; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 14.30.030 Amended. Ordinance No. 2274 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 14.30.030. "Definitions," subparagraph 13, is hereby amended to read as follows: 14.30.030 Definitions 13. "Low impact development ( "LID ") means slwface, enhaiced infiltration and changes in a stormwater and land use management strategy that strives to mimic ore- disturbance hydrologic processes of infiltration, filtration, storage, evaporation and transpiration by emphasizing conservation, use of on -site natural features, site planning, and distributed stormwater management practices that are integrated into a project design, Section 2. TMC Section 14.30.060 Amended. Ordinance No. 2274 §1 (part), as codified at TMC Section 14.30.060, "Standards," is hereby amended to read as follows: 14.30.060 Standards All development activities within the City shall be undertaken in accordance with the following minimum standards, except that depending on a project's possible impact to public and environmental health and safety, the Director may require stricter standards: 1. The City's National Pollutant Discharge Elimination System (NPDES) permit. 2. The 2009 2016 King County Surface Water Design Manual (hereafter known and referred to as "KCSWDM "), attached hereto as "Exhibit A" (or in the alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Surface Water Design Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Surface Water Design Manual or the SWDM. The Director will review subsequent amendments to the KCSWDM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and/or procedures pursuant to the Director's authority under TMC Section 14.30.010(A). 3. The Department of Ecology 2005 2012 Stormwater Management Manual for Western Washington, hereafter known and referred to as the "DOE SWDM," may be used for project design for multi - jurisdictional development projects wherein a substantial and material portion of the development project will take place outside of the jurisdictional boundaries of the City and will be required by a permitting authority to comply with the standards set forth in the DOE SWDM; provided that the Public Works Director approves W: Word Processinglordinances\Low Impact Development rgmts -TMC 14,30 strike -thru 10 -11 -16 GV:bjs 8 Page 2 of 7 of the DOE SWDM based upon a finding that application of differing standards set forth in the SWDM and the DOE SWDM will create a hardship for the applicant, and that approval of use of the DOE SWDM will not result in requirements that are less restrictive than the SWDM or otherwise inconsistent with the purpose of this chapter. 4. The 2009-2016 King County Stormwater Pollution Prevention Manual, . hereafter known and referred to as "KCSPPM," attached hereto as Exhibit B (or in the alternative) as filed in the City Clerk's Office, is hereby adopted by reference as the City of Tukwila Stormwater Pollution Prevention Manual and, together with the amendments thereto as set forth in this section, shall be known and referred to as the Stormwater Pollution Prevention Manual or the "SPPM." The Director will review subsequent amendments to the KCSPPM and will make recommendations to the City Council for adoption as needed and as applicable, or will adopt and implement necessary administrative regulations and/or procedures pursuant to the Director's authority under TMC Section 14.30.010(A). 5. The Public Works Surface Water Regulations and Procedures. 6. Development design and construction shall meet all of the applicable standards and codes, recommendations in specific reports, such as the geo- technical report and the Technical Information Report, and design criteria contained in the Comprehensive Surface Water Management Plan or Drainage Basin Plans. 7. Unless the context indicates otherwise, the following terms and phrases, as used in the SWDM or the SPPM, shall have the meaning or reference given. See Figure 14 -4 relating to Tukwila Terminology Equivalents to King County Terminology. Figure 14.4 — Tukwila Terminology Equivalents to King County Terminology King County Term City of Tukwila Term Agricultural Project Term does not apply. Critical Drainage Area. Critical Drainage Area means an area as determined by the City needing additional controls to address flooding, drainage and/or erosion condition that poses an imminent likelihood of harm to the welfare and safety of the surrounding community. ODES' City of Tukwila Department of Community Development. DNRP1 City of Tukwila Department of Community Development. Director City of Tukwila Public Works Director. King County City of Tukwila. King County Road Standards City of Tukwila Infrastructure Design and Construction Standards and the requirements of the City of Tukwila Transportation Public Works Department Surface Water and ty-as-apfaliealgle. Water and Land Resource Division City of Tukwila Public Works. W: Word Processinglardinancesltow Impact Development rqmts -TMC 14.30 strike -thru 10 -11 -16 GV:bjs Page 3of7 9 Zoning Classifications: Agriculture (A); Forest (F); Rural (Z) These zoning classifications are intended for areas outside the Urban Growth Boundary; therefore the City of Tukwila contains no equivalent zoning. Refer to City of Tukwila zoning maps and designations. 'Other terms used in the KCSWDM to reference other King County staff or departments shall also refer to the City of Tukwila Department of Community Development. 8. All references in the SWDM or the SPPM to the following King County codes, or any section thereof, shall be replaced by reference as indicated in Figure 14 -5 to the applicable code and comparable section thereof. 9. All references in the SWDM and SPPM to the following maps shall be replaced by reference as indicated in Figure 14 -6. Figure 14.6 — Tukwila Maps Equivalent to King County Maps or Designation King County Map or Designation City of Tukwila Map or Designation Coal Mine Hazard Areas Map Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Landslide Hazard Area and Landslide Drainage Areas Map Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Water Quality Applications Map Not applicable. Aquatic areas (as defined in KCC 21A.06) Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Wetlands (as defined in KCC 21A.06) Maps delineating stream and wetland types and their associated buffers within Tukwila are available at the Department of Community Development service desk. Seismic Hazard Areas Defined and regulated through the Washington State Building Code. Flood Hazard Area (as defined in KCC 21A.06) Flood Plain Management will be regulated through TMC Section 16.52. Flood Insurance Rate Maps available from the Public Works Department the and areas marked on thosc A V. maps with an or Steep Slope Hazard Area (no map referenced in the KCSWDM) Maps delineating landslide areas, steep slopes and coal mine hazard areas within Tukwila are available at the Department of Community Development service desk. Critical Aquifer Recharge Area (as defined in KCC 21A.06) Not applicable. Wildlife Habitat Conservation Area (as defined in KCC 21A.06) Fish and wildlife habitat conservation areas will be regulated through TMC Chapter 18.44, Shoreline Overlay District, and the regulations in TMC Chapter 18.45 related to wetlands and watercourses. Wildlife Habitat Networks (as defined in KCC 21A.06) No equivalent. W: Word Processing \Ordinances \Low Impact Development rqmts-TMC 14.30 strike -thru 10 -11 -16 GV:hjs 10 Page 4 of 7 All references in the SWDM to the Stormwater Pollution Prevention Manual shall mean and refer to the SPPM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. All references in the SPPM to the Stormwater Design Manual shall mean and refer to the SWDM as adopted by the City of Tukwila pursuant to this Chapter 14.30 of the Tukwila Municipal Code. The definition of Critical Drainage Area in Chapter 1 of the SWDM is amended by striking "by administrative rule under the +rocedures srecified in KCC 2.98." The reference in Section 1.1.2.4 of the SWDM to Urban Planned Development shall mean and refer to the equivalent such designation under the City of Tukwila Comprehensive Plan as determined by the City of Tukwila Community Development Director. The note following the third sentence of Section 1.1.3 of the SWDM is stricken. The last paragraph of Section 1.1.4 beginning with "Additional mitigation" is stricken. The reference in Section 1.2.2 at paragraph 2 of the SWDM to KCC 21A.24.110 shall mean and refer to the applicable provision of Title 4-9-18 of the Tukwila Municipal Code. All references to Critical Area Review in the SWDM and the SPPM shall mean and refer to Critical Environmentally Sensitive Area Review pursuant to Title 18 of the Tukwila Municipal Code. References in the SWDM and SPPM to Chapter 16.82 of the King County Code shall mean and refer to the clearing and grading provisions of Title 16 of the Tukwila Muni al Code. Subsection F of Section 1.2.4.3 of the SWDM is omitted. The reference in Section 1.2.7 to King County Ordinance 12020 shall mean and refer to the financial guarantee requirements of the applicable provisions of the Tukwila Municipal Code or the Public Works Surface Water Regulations and Procedures. Section 1.4.4 of the SWDM is stricken and replaced with the following: All variances ( "Adjustments ") from Chapter 14.30 of the TMC, the SWDM and the SPPM shall be governed by the procedures, standards and requirements set forth in Chapter 18.72 of the Tukwila Municipal Code, as it now exists or may hereafter be amended. The reference in Section 1.4.5 of the SWDM to KCC 20.20 shall mean and refer to the applicable provisions of Title 18 of the Tukwila Municipal Code. References to offices of King County shall mean and refer to the equivalent offices of the City of Tukwila. Except when the context indicates otherwise, references in the SWDM and the SPPM to specific codes or sections of codes of King County, such as the King County critical areas code, shoreline management code, clearing and grading code, and road standards, shall mean and refer to the equivalent codes or sections of codes of the City of Tukwila. Section 3. TMC Section 14.30.100 Amended. Ordinance No. 2274 §1 (part), as codified at TMC Section 14.30.100, "Inlet Marking," is hereby amended to read as follows: 14.30.100 inlet Marking A. All new inlets and catch basin grates, public or private, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised pavement marking that states "No dumping — Drains to Streams" or equivalent as approved by the Public Works Director shall be installed. W: Word Processing \Ordinances \Low Impact Development rgmts -TMC 14.30 strike -thru 10 -11 -16 cv:bis Page 5of7 11 B. Existing inlets and catch basin grates in areas being resurfaced or when being modified or replaced, shall be marked "No Dumping! Drains to Stream." In addition, a four -inch raised pavement marking that states "No dumping — Drains to Streams" or equivalent as approved by the Public Works Director shall be installed. C. The marking shall meet the standard in the City's Development Guidelines and Design and Construction Standards. Section 4. Regulations Established. TMC Section 14.30.110, "Trash and Waste Receptacles," is hereby established to read as follows: 14.30.110 Trash and Waste Receptacles A. Restaurants, including food preparation facilities; facilities with an outdoor trash compactor; or facilities that have been determined to generate pollution or waste activities, shall have a dedicated, roof - covered trash enclosure that drains to a catch basin connected to a grease interceptor that drains to the sanitary sewer. The trash enclosure area shall be kept clean and contained and shall not drain to a storm drainage system. B. Dumpsters and garbage and waste containers shall be leak -proof and kept closed or lidded at all times except when disposing of waste materials. C. Grease storage containers shall be kept covered at all times and shall have spill containment. The area shall be kept clean and clear of any fats, 011 or grease and shall not drain to a storm drainage system or sanitary sewer system Section 5. TMC Sections Recodified. The following TMC sections are hereby renumbered to be codified as follows: 14.30.140120 14.30.4 -20130 14.30.1 -39140 14.30.4 -40150 14.30.1-80160 14.30.400170 14.30.470180 14.30.489190 Financial Guarantees Insurance Exceptions Liability Penalties Abatement Injunctive Relief Appeals Section 6. 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. W: Word Processing\OrdinanceslLow Impact Development rgrnts-TMC 14.30 strike -thru 10 -1 1 -16 GV: bis 12 Page 6 of 7 Section 7. Severability. If any section subsection, paragraph, sentence, clause or phase 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 8. 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 on December 31, 2016 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 , 2016. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2016. ATTEST /AUTHENTICATED: Christy O"Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A — 2016 King County Surface Water Design Manual (KCSWDM) Exhibit B — 2016 King County Stormwater Pollution Prevention Manual (KCSPPM) W: Word Processingiardinances\Low Impact Development rqmts-TMC 14.30 strike -thru 10 -11 -16 GV:bjs Page 7 of 7 13 Proposed TMC Title 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTIONS 16.54.010, 16.54.030, 16.54.050, 16.54.060 AND 16.54.080, RELATED TO LOW IMPACT DEVELOPMENT REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS ENTITLED "PERMIT APPLICATION REQUIREMENTS" AND "SEASONAL LIMITATION PERIOD," TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND 16.54.065 RESPECTIVELY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System ( NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit"); and WHEREAS, the Permit extends coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and WHEREAS, Permit section S5.C.4 requires the City to implement and enforce a program to reduce pollutants in stormwater runoff by regulating new development, redevelopment and construction sites; and W: Word Processing\Ordinances\Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV:bjs Page 1 of 9 15 WHEREAS, on November 28, 2016, the Tukwila City Council, following adequate public notice, held a public hearing on the draft ordinance; and WHEREAS, the City Council deems it necessary to update Tukwila Municipal Code Chapter 16.54, "Grading," to remain in compliance with the Permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.54.010 Amended. Ordinance No 2062 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.54.010, "Purpose," is hereby amended to read as follows: The provisions of TMC Chapter 16.54 shall be liberally construed to accomplish the following purposes: 1. Prevent damage to life, public and private property, surface waters, sensitive areas and associated buffers. 2. Regulate grading activities, including excavation, fill, grading, earthwork construction, and structural preloads. 3. Prevent erosion and control sedimentation. 4. Establish the standards to i ovem grading activities. 5. Provide for approval and inspection of grading activities. 6. Prevent and minimize disturbance of native soils and landscapes, and restore the moisture - holding capacity of disturbed soils. Section 2. TMC Section 16.54.030 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.030, "Definitions," is hereby amended to read as follows: As used in TMC Chapter 16.54, the terms shall be defined as follows: 1. "Applicant" means any person who has applied for a grading permit. 2. "Buffer"means the area contiguous to a sensitive area that is required for the continued maintenance, function and structural stability of the sensitive area as defined in the - - Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45). 3. "Compaction "means the densification of a fill or of existing soils by mechanical or other means, whether intentional or incidental. 34. "Director" means the Public Works Director or his/her designee, including the City Engineer and Public Works inspectors. 45. "Erosion "means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. 56. "Excavation" means the digging or removal of earth material, also referred to as a "cut." W: Word Processing \Ordinances \Low impact Development rqmts -TMC 16.54 strike -thru 11 -5.16 GV:bjs 16 Page 2 of 9 67. "Fill"means a deposit of material placed by artificial means. 8. "Grade "means the vertical location of the ground surface, 89. "Grading "means any activity that results in change of the cover or topography, or any activity that may cause erosion, including clearing, cxcavationexcavating, filling, Viand stockpiling associated with excavating and filling. q10, "Sensitive area" means wetlands, watercourses, areas of potential geologic instability, abandoned coal mines, and fish and wildlife habitat areas, per the City's Environmentally Sensitive Areas Oreti4aseechapter of the Zoning Code (TMC Chapter 18.45.) 1011. "Site" means any legally defined section of real property, whose boundaries are recorded with the King County Assessor's Office for the purposes of assessing taxes, or a group of adjoining sections of such real property that are proposed as the location for grading activities. 12. "Slope" means an inclined surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Section 3. TMC Section 16.54.050 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.050, "Permit," is hereby amended to read as follows: A. A permit is required for all grading activities occurring within the City limits, except the following: 1. Excavation for construction of a structure permitted under the Buildings and Construction chapter of Title 16 (TMC Chapter 16.04) . 2. Cemetery graves. 3. Refuse disposal sites controlled by other regulations. 4. Excavations for wells, or trenches for utilities. 5. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 6. Exploratory excavations performed under the direction of a registered design professional, as long as this exploratory excavation does not constitute the beginning of construction of a building prior to obtaining a permit. 7. Gardening and routine landscape maintenance on a single- family residential lot. B. Applications for permits pursuant to TMC Chapter 16.54 shall be submitted to the City in the format and manner specified by the Directorin TMC Section 16.54.055. W: Word Processing\Ordinances\Low Impact Development rgmts-TMC 16.54 strike -thru 11 -5 -16 GV.bjs Page 3of9 17 C. An approved grading permit applies to one site. A separate permit shall be obtained for each site. D. The City shall collect a nonrefundable permit fee, the amount set by resolution of the City Council. Section 4. Regulations Established. TMC Section 16.54.055, "Permit Application Requirements," is hereby established to read as follows: 16.54.055 Permit Application Requirements A. To obtain a permit, the applicant shall submit an application on a form provided by or approved by the Director that shall include, at a minimum: 1. Identification arid description of the work to be covered by the permit. 2. An estimate of the •uantities of excavation and fill involved b volume and b the total area graded in square feet and as a percentage of the total site area. 3. Identification and description of al! sensitive areas on the site or visible from the boundaries of the site. 4. Plans, reports, and specifications that, at a minimum, include those items required in IBC Section J104 and: a. Property boundaries, all existing and proposed easements anti required setbacks; b. A 1.2000 scale vicinity map with a north arrow; c. Horizontal and vertical scale; d. Size and location of existing improvements on and within 50 feet of the project, indicating which will remain and which will be removed; e. Location of all proposed cleared areas; f. Existing and proposed contours at maximum 2 -foot intervals, extending for 20 feet beyond the project edge, that provide sufficient detail to identify how grade changes will conform to the requirements of this code. g. At least two cross sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales., and h. A proposed erosion and sediment control plan consistent with TMC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. B. Materials in addition to those required in TMC Section 16.54.055.A rnav be necessary for the Director to complete the review. The followin materials shall be submitted when required by the Director: 1. Higher accuracy contours and more details of existing terrain and area drainage, limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction. W: Word Processing\Ordinances \Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV:bjs 18 Page 4 of 9 2. If applicable, all drainage plans and documentation consistent with TMC Chapter 14.30 and the Surface Water Design Manual, as adopted and as may be amended from time to time. 3. Studies .re.ared b ualified s•ecialists as necessa to substantiate an submitted materials and compliance with this chapter or other taw, particularly if clearing or grading is proposed to take place in or adjacent to an environmentally sensitive area. C. Plans and specifications shall include permanent drainage facilities and be prepared by a civil engineer if the project is: 1. in conjunction with the placement of a structure; or 2. located in steep slope or landslide hazard areas as defined in the Environmentally Sensitive Areas chapter of the Zoning Code (TMC Chapter 18.45). The Director may modify this requirement depending on the circumstances of the site or the proposed protect. D. The Director shall determine the number of copies of the required plans, specifications and supporting materials necessary to perform the review and may require submittal of materials in alternative formats. E. The Director may waive specific submittal requirements if they are determined to be unnecessary for the acceptance and subsequent review of an application. Section 5. TMC Section 16.54.060 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.060, "Standards," is hereby amended to read as follows: A. All grading activities require erosion prevention and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, rights -of -way, water resources, and adjacent properties. Erosion and sediment controls shall be applied commensurate with the degree of risk, and as specified by the temporary erosion and sediment control measures, performance criteria, and implementation requirements of TMC Chapter 14.30 and the Surface Water Design Manual B. All grading activities shall be undertaken according to the following mandatory standards: 1. All design and construction shall be performed to minimize soil disturbance, to minimize compaction where not required for structural stability, and to maximize erosion prevention and sediment control. 2. All grading activities shall be consistent with: a. The standards provided by this chapter. b. The Buildings and Construction Chapter (TMC Chapter 16.04)T#e Internati aF B, ilding Code, Chapter the Zoning Code (TMC Title 18,1 and the International Building Code ( "IBC") Appendix J. Appendix J is hereby adopted by reference, except as W: Word Processing■Ordinances\Low Impact Development rqmts -TMC 16.54 strike -thru 11 -5 -16 GV:bjs Page 5 of 9 19 amended in INC Sections 16.54.050, 16.54.060 and 16.54.065, and as may be amended from time to time. . The infrastructure Design and Construction Standards chapter (TMC Chapter 16.36)The Public Works Dcpartmcnt's Doveep-Fnent Guidelinos and Design- l ed. The Kip Ceunt-y- Surface Water Design Manual, App D- as adopted in accordance with TMC Chapter 14.30 and as may be amended from time to time. Tukwila 'Vl-unieipalCede Chaptcr 18.45, "Sensitive- Areas" e. Policies and procedures set forth by the Director. C. Cuts and fills shall conform to the standards provided in IBC Section J106, "Excavations," and J107, "Fills," except as modified below or oil rerwise approved by the Director: 1 Provisions shall be made to: a. Prevent any surface water or seepage from damaging the cut face of any excavation or the sloping face of a fill. b. Address any surface water that is or might be concentrating as a result of a fill or excavation to a natural watercourse in accordance with TMC Chapter 14.3.0 and the Surface Water Design Manual. 2. Fill shall be compacted according to the following standards: a. Fill greater than 18 inches in depth shall be engineered and compacted to accommodate the proposed use in accordance with the applicable standard listed below unless a notice on title documentin the location of the fill is recorded and the fill is sufficiently stable so as not to pose a hazard, as follows: (1) Fill material at the location of a proposed building or a location not listed in subparagraphs {2) or (3) below shall be compacted in accordance with IBC Section J107.13. (2) Fill material at the location of proposed public infrastructure, such as streets and roads, shall be compacted in accordance with the Infrastructure Design and Construction Standards (TMC Chapter 16.36). (3) Fill material including, but not limited to, imported soils and compost, at the location of a proposed stormwater facility or placed as part of earthwork construction of a stormwater facility, shall be compacted in accordance with the Surface Water Design Manual and TMC Chapter 14.30. D. Access roads to grading sites shall be: 1. Maintained and located to the satisfaction of the Director to minimize problems with dust, mud and traffic circulation; 2. Located where the permanent access to the site is proposed in the perrnit application to minimize site disturbance; and W: Word Processing \Ordinances \Low Impact Development rqmts-TMC 16.54 strike -thru 11 -5 -16 GV:bjs 20 Page 6 of 9 3. Controlled by a ,gate when required by the Director. E. Signs warning of hazardous conditions, if determined by the Director to exist on a particular site, shall be affixed at locations as required by the Director. F. Where required by the Director to protect life, limb and property, fencing shall be installed with lockable gates that must be closed and locked when no work is being conducted on the site. The fence shall be no less than six feet in height and the fence material shall have no opening larger than two inches. G. Rocks. dirt mud, ve etation to soil duff la er and an other materials stri ed from, imported onto, used or produced on -site in the course of grading activities shall not be spilled onto, stockpiled, or otherwise left on public roadways or on any off -site property not specifically authorized as a receiving site under a valid permit. H. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent racticable. An duff fa er or to soil removed durin radin shall be stockpiled to the maximum extent practicable on -site in a designated, controlled area not adjacent to public resources or to environmentally sensitive areas, The material shall be reapplied to other portions of the site where feasible. 1. The sail moisture holding capacity of the soil shall be restored as follows: 1. Except as otherwise provided in TMC Section 16.54.060.1.2. areas that have been cleared and graded shall have the soil moisture - holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture - holding capacity. The amendment shall take place between May 1 and September 30. The topsoil layer shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture - holding capacity native to the site. The topsoil layer shall have an organic matter content of between 5% to 10% dry weight and a pH suitable for the proposed landscape plants. Subsoils below the topsoil layer should be scarified at least four inches with some incorporation of the upper material to avoid stratified layers. Compost used to achieve the required soil organic matter content must meet the definition of "composted materials" in WAC 173 - 350 -220. 2. This subsection does not apply to areas that will be covered by an impervious surface at project completion. incorporated into a drainage facility or engineered as structural fill or slope, Section 6. Regulations Established. TMC Section 16.54.065, "Seasonal Limitation Period," is hereby established to read as follows: 16.54.065 Seasonal Limitation Period A. An annual period of limitation on site disturbance is established from October 1 through April 30. W: Word Processing \Ordinances\Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV :bjs Page 7 of 9 21 B. During the seasonal limitation period, grading shall only be permitted if demonstrated to the satisfaction of the Director that runoff leaving the construction site will comply with the erosion and sediment control measures, performance criteria and implementation requirements in the Surface Water Design Manual and after a review of the following: 1. Site conditions, including, but not limited to, vegetative coverage, slope, soil type, and proximity to receiving waters: 2. Proposed limitations on activities and the extent of disturbed areas- and 3. Pro osed erosion and sedimentation control measures. C. Based on the information provided under TMC Section 16.54.065.B, the Director ma ex and or restrict the seasonal limitations on site disturbance. The Director shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period. D. During the seasonal limitation period, grading will be allowed only if there is installation and maintenance of an erosion and sedimentation control plan approved by the Director that defines any limits on clearing and grading and specific erosion and sediment control measures required during the seasonal limitation period. The department may require or approve alternate best management practices. E. If, during the course of construction activity or soil disturbance during the seasonal limitation period, silt -laden runoff violating standards in the Surface Water Design Manual leaves the construction site or if clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained, a Violation Notice and Order shall be issued in accordance with TMC Section 8.45.050. F. if the erosion and sediment control problem defined in the Violation Notice and Order is not adequately repaired within 24 hours of issuance, then a Stop Work Order may be issued in accordance with TMC Section 8.45.070 until such time as adequate erosion and sediment control measures to sto+ silt -laden runoff from leavin• the site are installed. The Stop Work Order may also require the property owner or authorized agent to discontinue any further clearing or grading, except for erosion and sediment control maintenance and repair, until the following May 1. G. The following activities are exempt from the seasonal limitations of this section: 1. Routine maintenance and necessary repair of erosion and sediment control facilities. 2. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in removal of the vegetative cover to the soil. 3. Activities where there is 100% infiltration of surface water runoff within the site in approved and installed erosion and sedimentation control facilities. 4. Typical landscaping activities of existing single -famil residences that do not require a permit. W: Word Processing \Ordinances\Low Impact Development rgmts -TMC 16.54 strike -thru 11 -5 -16 GV.bjs 22 Page 8 of 9 RCw. Class I, 0 III and IV special forest practices in accordance with Chapter 76.09 6. Response to emergencies that threaten the public health, safety or welfare. Section 7. TMC Section 16.54.080 Amended. Ordinance No 2062 §1 (part), as codified at TMC Section 16.54.080, "Financial Guarantees," is hereby amended to read as follows: A. The Director may require a maintenance bond for erosion prevention and sediment control in the amount of 10% of the total project cost on projects which clear more than 6,000 square feet or contain or abut sensitive areas such as, but not limited to, Class 2 or steeper slopes, wetlands, or critical drainage. B. If the Director determines the nature of any work creates a hazard to human life; or endangers public or private property or sensitive areas, the Director may require the applicant to file a Certificate of Insurance. The Director, based on the nature of the risks involved, shall determine the amount of insurance. Section 8. 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 9. 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 10. 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 on December 31, 2016 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 , 2016. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk; Passed by the City Council; Published: Effective Date: Ordinance Number: W: Word Processing\Ordinances \Low Impact Development rgmts -TIVIC 16.54 strike -thru 11 -5 -16 GV:bjs Page 9 of 9 23 Proposed TMC Title 8.25 & 18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING CODE," TO IMPLEMENT LOW IMPACT DEVELOPMENT REQUIREMENTS IN THE DESIGN AND REVIEW OF SURFACE WATER DRAINAGE ON DEVELOPMENT PROJECTS; REPEALING ORDINANCE NOS. 2495, 2371, 2251 §1 (PART) AND 2056 TO ELIMINATE TMC CHAPTER 8.25, "VEHICLE STORAGE AND PARKING ON SINGLE-FAMILY RESIDENTIAL PROPERTY "; REPEALING ORDINANCE NOS. 2075 §1 (PART) AND 1758 §1 (PART), TO ELIMINATE TMC SECTION 18.06.515, "LOT COVERAGE" (DEFINITION); PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Federal Clean Water Act requires protection of water quality through implementation of water quality protection measures; and WHEREAS, the National Pollutant Discharge Elimination System (NPDES), administered by the Environmental Protection Agency (EPA), is one of the primary mechanisms for achieving the objectives of the Federal Clean Water Act; and WHEREAS, the EPA has delegated responsibility to administer the NPDES permit program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the Washington State Department of Ecology's authority and obligations in administering the program; and WHEREAS, the City of Tukwila is regulated under the Washington State Department of Ecology's Western Washington Phase ll Municipal Stormwater Permit (the "Permit "); and WHEREAS, the Permit extends coverage of the NPDES permit program to certain "small" municipal separate stormwater sewer systems (MS4), some of which are located within the City of Tukwila; and W: Word Processing \Ordinances \Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 MB:bjs Page 1 of 19 25 WHEREAS, Section S5.C.4 of the Permit requires the City to implement and enforce a program to reduce pollutants in stormwater runoff by regulating new development, redevelopment and construction sites; and WHEREAS, a requirement of Section S5.C.4 of the Permit mandates the City reduce pollutants in stormwater by implementing Low Impact Development (LID) requirements through new and revised development codes by December 31, 2016; and WHEREAS, the City Council deems it necessary to update the code provisions in Title 8, "Public Peace, Morals and Safety," and Title 18, "Zoning," to remain in compliance with the Permit; and WHEREAS, on October 27, 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 November 28, 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. Repealer. Ordinance Nos. 2495, 2371, 2251 §1 (part), and 2056, as codified at Tukwila Municipal Code (TMC) Chapter 8.25, are hereby repealed, thereby eliminating TMC Chapter 8.25, "Vehicle Storage and Parking on Single - Family Residential Property," in its entirety. 8,2f0-1-0—Definitions, "Approved Durable Uniform Surface" is a durable uniform surface approved for the 1. Two inches of 5/8 minus compacted rock, provided mud or other fine material Section 8.25.010; or 3. Blacktop (2" asphalt concrete pavement) over gravel section as described in Section 8.25.010; or /1. Any other configuration of materials, approved by the City that maintains a durable uniform surface. W: Word Processinglardinances\Low lmpact Development rqmts -Title 18 strike -thru 114-16 MB:bjs 26 Page 2 of 19 on properties devoted to single family residential use. 8.25.020C, shall not be parked in setbacks except in front yard or side street setbacks when in a driveway that provides access to an approved parking location and is in conformance connected to a rear alley. approved durable uniform surface and shall not be parked, kept or stored in required front setbacks is allowed, provided no rccroationai vehicle is parked so as to prevent accesc by D. Approved durable uniform surfaces outside of structures on site may cover a O be approved durable uniform surface. An approved durable uniform surface exceeding this requirement prior to August 25, 2001 may be maintained, but shall not be expanded. The Director of Community Development may approve exceptions to this requirement for 6,500 square feet arc exempt from the percentages noted in TMC Section 8.25.020, subparagraphs D and E. property of 13,000 square feet or Tess -outside of a carport or enclosed garage for a period Section 2. Repealer. Ordinance Nos. 2075 §1 (part) and 1758 §1 (part), as codified at TMC Section 18.06.515, "Lot Coverage" (definition), are hereby repealed. thereby eliminating TMC Section 18.06.515. W: Word ProcessinglOrdinances\Low Impact Development rqmts-Title 18 strike -thru 11-4-16 MB:bjs Page 3 of 19 27 "Pervious hard surface" means permeable pavement or a green roof. 4. Blacktop (2" minimum asphalt concrete pavement) over gravel section as described above and sloped to drain to prevent drainage impacts; or 5. Any other configuration of materials approved by the City that maintains a durable uniform surface and prevents drainage impacts. Section 6. New Definition Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions, to read as follows: Pervious Hard Surface Section 7. TMC Section 18.10.060 Amended. Ordinance Nos. 1 971 §4 and 1758 §1 (part), as codified at TMC Section 18.10.060, "Basic Development Standards," are hereby amended to read as follows: 18.10.060 Basic Development Standards Development within the Low - Density Residential District shall conform to the following listed and referenced standards: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Development Area, maximum 75% on Tots Tess than 13,000 sq. ft. (only for single fami_ly up to a maximum of 5,850 sq. ft. development) 45% on Tots greater than or equal to 13,000 sq. ft. Setbacks to yards (minimum): • Front 20 feet • Front, decks or porches 15 feet • Second front 10 feet • Sides _ 5 feet • Rear 10 feet Height, maximum 30 feet Off - street parking: • Residential See TMC Chapter 18.56, Off- street Parking & Loading Regulations • Accessory dwellins unit See 18.10.030 • Other uses See TMC Chapter 18.56, Off - street Parking & Loading Regulations W: Word Processing \Ordinances \Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 MB:bjs 28 Page 5 of 19 Section 8. TMC Section 18.20.080 Amended. Ordinance Nos. 1976 §39, 1872 §3, and 1758 §1 (part), as codified at TMC Section 18.20.080, "Basic Development Standards," are hereby amended to read as follows: 18.20.080 Basic Development Standards Development within the Residential Commercial Center District shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi- family), minimum 3,000 sq. ft. Setbacks to yards (min.): • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 10 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, bioretention facilities, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval. See Landscape, Recreation, Recycling /Solid Waste Space chapter for further requirements • Front 20 feet • Second front 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) W: Word ProcessinglordinanceslLow impact Development rgmts -Title 18 strike -thru 11 -4 -16 MB.bjs Page 6 of 19 29 Off- street parking: • Residential See TMC Chapter 18.56, Off- street Parking & Loading Regulations • Accessory dwelling unit See Accessory Use section of this chapter • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC Chapter 18.56, Off- street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise ", and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43,21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 9. TMC Section 18.28240 Amended. Ordinance No. 2443 §25, as codified at TMC Section 18.28.240, "General Landscaping," subparagraph 6.3., "Soil Preparation and Planting," is hereby amended to read as follows: 18.28.240 General Landscaping 3. Soil Preparation and Planting. a. For trees and plants planted in sidewalks and parking lots, or in limited areas of soil volume, structural soils (Cornell University "CU" product or similar) must be used to a preferred depth of 36 inches, to promote tree root growth and provide structural support to the paved area. Minimum soil volumes for tree roots shall be 750 square feet per tree (see specifications and sample plans for CU- Structural Soils). Trees and other landscape materials shall be directly planted specifications in "CU Structural Soils — A Comprehensive Guide" or using current BMPs subject to administrative review and approval of the technical information report (TIR.) Suspended pavement systems (Silva Cells or similar) may also be used if approved, into b. For soil preparation in bioretention areas, existing soils must be protected from compaction. bioretention soil media must be prepared in accordance with standard specifications of the Surface Water Design Manual, adopted in accordance with TMC Chapter 14.30, to promote a proper functioning bioretention system. These W; Word Processing\Ordinances \Low Impact Development rgrnts -Title 18 strike -thru 11 -4 -16 M &bjs 30 Page 7 of 19 specifications shall be adhered to regardless of whether a stormwater permit is required from the City. bc. For all other plantings, soils must be prepared for planting in accordance with specifications to restore soil moisture- holding capacity in accordance with TMC Chapter 16.54, Grading, BMP T5.13, "Post Construction Soil Quality and op r^ the Washington (or as amended) regardless of whether a stormwater permit is required by the City. ed. The applicant will be required to schedule an inspection by the City of the planting areas prior to planting to ensure soils are properly prepared. de. installation of landscape plants must comply with best management practices including: (1) Planting holes that are the same depth as the size of the root ball and 2 times wider than the size of the root ball. (2) Root bads of potted and balled and burlapped (B &B) plants must be loosened and pruned as necessary to ensure there are no encircling roots prior to planting. At least the top 2/3 of burlap and all straps or wire baskets are to be removed from B &B plants prior to planting. (3) The top of the root flare, where the roots and the trunk begin, should be about one inch from the surrounding soil. The root ball shall not extend above the soil surface. (4) If using mulch around trees and shrubs, maintain at least a 3 -inch mulch -free ring around the base of the plant trunks and woody stems of shrubs. If using mulch around groundcovers until they become established, mulch shall not be placed over the crowns of perennial plants. Section 10. TMC Section 18.50.085 Amended. Ordinance Nos. 2199 §17, 1830 §28, and 1758 §1 (part), as codified at TMC Section 18.50.085, "Maximum Percent Development Area Coverage," are hereby amended to read as follows: 18.50.085 Maximum Percent Development Area Coverage A. In the LDR zones the maximum •ercent develo■ment area coverage for a sin le- family development shall be as follows: 1, 75% on lots less than 13,000 square feet up to a maximum of 5,850 sq. ft.; and 2. 45 °/o on lots greater than or equal to 13,000 square feet. B, In the MDR and HDR zones the maximum percent development area coverage shall be 50%, less the following surfaces: 1. the footprint of an exclusive recreational facility; W: Word Processing\Ordinances\Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 rVIB :bjs Page 8 of 19 31 2. a proportion of a recreational facility footprint when contained within a general use building as follows: the portion of the footprint area occupied by a recreational facility divided by the number of floors in that portion of the building; 3. vehicle circulation aisles between separate parking areas; 4. sidewalks; 5. paths; and 6. other pedestrian /recreation facilities clearly designed to enhance the pedestrian environment. C. except for Senior citizen housing developments in HDR is exempt from development area coverage maximum; however, if the senior citizen housing is converted to regular apartments, the 50% limit must be met. D. The 50% maximum development area coverage for Ttownhouse development may be are allowed increased up to a maximum of 75% development area coverage,. The if the applicant uses low - impact development techniques: that are technically feasible and in accordance with the Surface Water Design Manual (TMC Chapter 1430) Section 11. TMC Section 18.52.030 Amended. Ordinance Nos. 2251 §62 and 1872 §14 (part), as codified at TMC Section 18.52.030, "Perimeter Landscape Types," are hereby amended to read as follows: 18.52.030 Perimeter Landscape Types A. Type 1 landscape perimeter. 1. Purpose is to enhance Tukwila's streetscapes, provide a light visual separation between uses and zoning districts, screen parking areas, and allow views to building entryways and signage. 2. Plant materials shall consist of the following: a. One tree for each 30 lineal feet of required perimeter excluding curb cuts; and b. One shrub for each 7 lineal feet of required perimeter excluding curb cuts or a planted berm at least 24 inches high; and c. Living groundcover to cover 90% of the landscape area within three years. 3. Bioretention may be used as a Type 1 landscape perimeter, provided the intent of the screen is achieved. To support bioretention facility function and plant survival, flexibility in plant materials and placement shall be allowed, provided public safety is not compromised. W: Word ProcessinglOrdinances\Low Impact Development rqmts -Title 18 strike -thru 11 -4 -16 MB:bjs 32 Page 9 of 19