HomeMy WebLinkAboutReg 2016-12-05 Item 5E - Ordinances - Code Changes: Trash and Waste Receptacles, Permit Application Requirements / Seasonal Limitation Period, and Surface Water Drainage Design and ReviewCOUNCIL AGENDA SYNOPSIS
Ini%iaJs --
Malin = Date
Preoared
Ala wr;r review
C.Irne7review
11/28/16
BG .4'fiivrrl
C;ATE'sGORY 0 Discussion
11/28/16
12/05/16
BG r.S1
EM
'
1 I Public Hearing
❑ Other
Mtg Date
Altg Date
Mtg Date 12/05/16
Mtg Date 11/28/16
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS
❑ Pe* II Police a PFt%
SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to
SLIMAMIARY 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.
ITEM INFORMATION
ITEM No.
5.E.
271
STAFF SPONSOR: BOB GIBERSON
ORIGINAL AGENDA DA'I'S: 11/28/16
AGENDA ITEM 'DILE NPDES
Ordinance
Surface Water
Amendments
Permit Requirements for LID Development
to TMC Titles 14, 16, 8.25 & 18
C;ATE'sGORY 0 Discussion
11/28/16
❑ Motion
M18 Date
❑ Resolution
Mtg Date
/„1 Ordinance
❑ Bid _Flward
Mtg Date
1 I Public Hearing
❑ Other
Mtg Date
Altg Date
Mtg Date 12/05/16
Mtg Date 11/28/16
SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ TS
❑ Pe* II Police a PFt%
SPONSOR'S Per our National Pollutant Discharge Elimination System Permit, the City is required to
SLIMAMIARY 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.
REVIEW! ?E7 BY
•' CO\V Mtg.
❑ CA &P Crnte 0 F &S Crnte
Cmte ❑ Arts Comm. ❑ Parks Comm.
& 9/27, & 10/27/16 COMMITTEE CHAIR:
❑ Transportation
Crnte
►1 Utilities
LI Planning Comm.
DAVIE: 9/13
KATHY HoUGARDY
RECOMMENDATIONS:
SPoNsoR /ADMIN.
COMMITTEE
Public Works Department
Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
ExPENimuttE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
11/28/16
Forward to next Regular Meeting -
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
Ordinances
271
272
City of Tukwila
Washington
Ordinance No.
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 11 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
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273
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 a stormwater and land use
management strategy that strives to mimic pre - 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 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 2012 Stormwater Mana ement 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 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
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that are Tess restrictive than the SWDM or otherwise inconsistent with the purpose of
this chapter.
4. The 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.
City of Tukwila Department of Community Development.
DDES1
DNRP'
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 Public Works
Department.
Water and Land
Resource Division
City of Tukwila Public Works.
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275
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
shall also refer to the City
KCSWDM to reference other King County staff or departments
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.
Not applicable.
Water Quality Applications Map
Aquatic areas (as defined in
KCC 21A.06)
Wetlands (as defined in
KCC 21A.06)
Maps delineating stream and wetland types and their
associated buffers within Tukwila are available at the
De • artment of Communit Develo . ment service desk.
Maps delineating stream and wetland types and their
associated buffers within Tukwila are available at the
Department of Community Development service desk.
Defined and regulated through the Washington State
Building Code.
Seismic Hazard Areas
Flood Hazard Area (as defined
in KCC 21A.06) .
Flood Plain Management will be regulated through TMC
Section 16.52.
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.
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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 procedures specified 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 mitigations' 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 18 of the Tukwila Municipal Code.
All references to Critical Area Review in the SWDM and the SPPM shall mean and refer to
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 clearin • and • radin • • rovisions of Title 16 of the Tukwila Municipal 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
a • • licable •rovisions of Title 18 of the Tukwila Munici • al 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.
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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, oil 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:
14.30.120 Financial Guarantees
14.30.130 Insurance
14.30.140 Exceptions
14.30.150 Liability
14.30.160 Penalties
14.30.170 Abatement
14.30.180 Injunctive Relief
14.30.190 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
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other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section /subsection numbering_
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)
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280
City of Tukwila
Washington
Ordinance No.
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 11 Municipal Storrnwater Permit (the "Permit");
and
WHEREAS, the Permit extends coverage of the
"small" municipal separate stormwater sewer systems
within the City of Tukwila; and
WHEREAS, Permit section S5.C.4 requires the
program to reduce pollutants in stormwater runoff
redevelopment and construction sites; and
NPDES permit program to certain
(MS4), some of which are located
City to implement and enforce a
by regulating new development,
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281
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 govern 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.
4. '`Director' means the Public Works Director or his/her designee, including the
City Engineer and Public Works inspectors.
5_ "Erosion" means the wearing away of land surface by the action of wind,
water, gravity, or any combination thereof.
6. "Excavation" means the digging or removal of earth material, also referred to
as a "cut."
7. "Fill" means a deposit of material placed by artificial means.
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8. "Grade" means the vertical location of the ground surface.
9. "Grading" means any activity that results in change of the cover or
topography, or any activity that may cause erosion, including clearing, excavating, filling,
and stockpiling associated with excavating and filling.
10. "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 chapter of the Zoning Code (TMC Chapter 18.45.)
11. "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 day 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 in TMC Section 16.54.055.
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.
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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 and description of the work to be covered by the permit.
2. An estimate of the quantities of excavation and fill involved by volume and by
the total area graded in square feet and as a percentage of the total site area.
3. Identification and description of all 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 and 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 may be
necessary for the Director to complete the review. The following 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.
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.
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3. Studies prepared by qualified specialists, as necessary to substantiate any
submitted materials and compliance with this chapter or other law, 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 project.
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), the
Zoning Code (TMC Title 18,) and the International Building Code ("IBC") Appendix J.
Appendix J is hereby adopted by reference, except as amended in TMC Sections
16.54.050, 16.54.060 and 16.54.065, and as may be amended from time to time.
c. The Infrastructure Design and Construction Standards chapter (TMC
Chapter 16.36).
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d. The Surface Water Design Manual, as adopted in accordance with TMC
Chapter 14.30 and as may be amended from time to time.
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 otherwise 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 14.30 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 documenting 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 B.
(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 stomiwater 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 permit
application to minimize site disturbance; and
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
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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, vegetation, topsoil, duff layer and any other materials stripped
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 practicable. Any duff layer or topsoil removed during grading 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.
I. The soil 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 Iayer 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 Iayer 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.
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:
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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. Proposed erosion and sedimentation control measures.
C. Based on the information provided under TMC Section 16.54.065.B, the Director
may expand or restrict the seasonal limitation 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 stop silt -laden runoff from leaving 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 - family residences that do not
require a permit.
5. Class 1, II 111 and IV special forest practices in accordance with Chapter 76.09
RCW.
6. Response to emergencies that threaten the public health, safety or welfare.
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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 Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Rachel B. Turpin, City Attorney Ordinance Number:
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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 (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 11 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
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WHEREAS, Section 55.0 .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 815, 'Vehicle Storage and Parking on Single- Family Residential
Property," in its entirety.
Section 2. Repealer. Ordinance Nos. 2075 §1 (part) and 1758 §1 (past), as codified
at TMC Section 18.06.515, "Lot Coverage" (definition), are hereby repealed, thereby
eliminating TMC Section 18.06.515.
Section 3. TMC Chapter 18.06, "Definitions," Amended. Ordinance Nos. 2075 §1
(part) and 1758 §1 (part), as codified at TMC Section 18.06.215, "Development Area," are
hereby amended to read as follows:
18.06.215 Development Area
"Development area" means the impervious surface area plus 75% of any area of
pervious hard surface.
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Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §21,
as codified at TMC Section 18.06.586, "Native Vegetation," is hereby amended to read as
follows:
18.06.586 Native Vegetation
"Native vegetation" means plant species, other than noxious weeds, that are indigenous
to the coastal region of the Pacific Northwest and that reasonably could be expected to have
occurred naturally on the site.
Section 5. New Definition Adopted. A new section is hereby added to TMC Chapter
18.06, "Definitions," to read as follows:
Durable Uniform Surface
"Durable uniform surface" means a durable uniform surface approved for the storage
of vehicles by the City and consists of:
1. Permeable pavement, such as grasscrete, porous pavers, permeable
asphalt; or
2. Three inches of 318" to 1-114" crushed porous aggregate consisting of open -
graded top course, base course, or similar material with 35-40% porosity. Mud or other
fine materials should be prevented from working their way to the surface by the installation
of a geotextile fabric, quarry spalls, or other approved materials below the porous
aggregate; or
3. Concrete (4" minimum Portland cement concrete) over gravel section as
described above and sloped to drain to prevent drainage impacts; or
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
"Pervious hard surface" means permeable pavement or a green roof.
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Section 7. TMC Section 18.10.060 Amended. Ordinance Nos. 1971 §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
(only for single family
development)
75% on Tots Tess than 13,000 sq. ft.
up to a maximum of 5,850 sq. ft.
45% on lots greater than or equal to
13,000 sq. ft.
Setbacks to ards 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 dwelling unit
See 18.10.030
• Other uses
See TMC Chapter 18.56, Off- street
Parking & Loading Regulations
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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):
landscaped. Required landscaping
materials, bioretention facilities,
features, outdoor cafe -type seating
subject to approval. See Landscape,
Recycling /Solid Waste Space chapter
All setback areas shall be
may include a mix of plant
pedestrian amenities and
and similar features,
Recreation,
for further requirements
20 feet
• Front
• 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.)
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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. if
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 822, "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 43.21 C,
shall be evaluated to determine whether adverse environmental
impacts have been adequately mitigated.
Section 9. TMC Section 18.28.240 Amended. Ordinance No. 2443 §25, as codified
at TMC Section 18.28.240, General Landscaping," subparagraph B.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 Tots, 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 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 planted per 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.
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
specifications shall be adhered to regardless of whether a stormwater permit is required
from the City.
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c. 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, regardless of whether a stormwater permit is required by the
City.
d. 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.
e. 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 balls 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 percent development area coverage for a single-
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% 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;
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;
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5. paths; and
6. other pedestrian /recreation facilities clearly designed to enhance the
pedestrian environment.
C. Senior citizen housing development 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 townhouse development may
be increased up to a maximum of 75% development area coverage, if the applicant uses
low - impact development techniques that are technically feasible and in accordance with the
Surface Water Design Manual (TMC Chapter 14.30).
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 I 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.
B. Type f! landscape perimeter.
1. Purpose is to enhance Tukwila's streetscapes, provide a moderate visual
separation between uses and zoning districts, screen blank building walls and parking
areas, and allow views to building entryways and signage.
2. Plant materials shall consist of the following:
a. One tree for each 20 lineal feet of required perimeter excluding curb cuts;
and
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b. One shrub for each 5 lineal feet of required perimeter excluding curb cuts;
and
c_ Living groundcover to cover 90% of the landscape area within three years.
3. Bioretention may be used as a Type 11 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,
C. Type 111 landscape perimeter.
1_ Purpose is to provide extensive visual separation between industrial areas and
nearby residential areas.
2. Plant materials shall consist of the following_
a. One tree per 20 lineal feet of required perimeter excluding curb cuts; and
b. Shrubs to provide a solid planting screen with a height of five to eight feet
or a solid wooden fence or masonry wall to be approved by the Community Development
Director; and
c_ Living groundcover to cover 90 %® of the landscape area within three years.
D. Plant material requirements.
1. Plants shall meet the current American Standard for Nursery Stock (American
Nursery and Landscape Association — ANLA), and shall be healthy, vigorous and well -
formed, with well- developed, fibrous root systems, free from dead branches or roots. Plants
shall be free from damage caused by temperature extremes, lack of or excess moisture,
insects, disease, and mechanical injury. Plants in leaf shall be well foliated and of good
color. Plants shall be habituated to outdoor environmental conditions (hardened -off).
2. A mix of evergreen trees and evergreen shrubs shall be used to screen blank
walls.
3. Deciduous trees shall be used to allow visual access to entryways, signage
and pedestrian use areas.
4. Evergreen shrubs shall be used to screen parking lots along street frontages.
5. In perimeters located adjacent to residential zones 75% of trees and shrubs
shall be evergreen.
6. Evergreen trees shall be a minimum of 6 feet in height at time of planting.
7. Deciduous trees shall have at least a 2 -inch caliper at time of planting,
determined according to the American Standard for Nursery Stock.
8. Shrubs shall be at least 18 inches in height at time of planting.
9. No plants listed on the current King County Noxious Weed list may be used.
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10. Existing vegetation may be used to meet the requirements of this chapter. All
significant trees located within any required perimeter landscaping area which are not dead,
dying, or diseased and which do not pose a safety hazard as determined by the Community
Development Director shall be retained.
11. The classification of plant material as trees, shrubs and evergreens shall be as
listed in the Hortus Third, A Concise Dictionary of Plants Cultivated in the U.S. and Canada.
12. Plant material requirements for bioretention facilities shall be in accordance
with the City's bioretention plant list or as administratively approved by the Director.
Section 12. TMC Section 18.52.035 Amended. Ordinance Nos. 2442 §2, 2251 §63,
2235 §14 and 1872 §14 (part), as codified at TMC Section 18.52.035, "interior Parking Lot
Landscaping Requirements," are hereby amended to read as follows:
18.52.035 Interior Parking Lot Landscaping Requirements
Landscaping within parking areas shall be provided as shown below.
1 Requirements for each distinctly separate parking area within the LDR zone
for uses other than dwelling units, and in the MDR and HDR zones:
a For areas with up to 20 parking stalls per parking area, no interior
landscaping is required.
b. For areas with 21 - 40 parking stalls per parking area, 7 square feet of
interior landscape area is required for each parking stall.
c. For areas with more than 40 parking stalls per parking area, 12 square
feet of interior landscape area is required for each parking stall (see Multi - Family Design
Guidelines, Site Planning Section, No. 31, for the normal 15 square feet to be provided).
d. All parking areas shall have a perimeter landscape strip a minimum of 2
feet wide with an average width of 5 feet.
2. Requirements for parking lots within the 0, MUO, RCC, and NCC zones:
a For lots with up to 20 parking stalls, no interior landscaping is required.
b. For lots with 21 - 40 parking stalls, a minimum of 10 square feet of interior
landscape area is required for each parking stall over 20.
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c. For lots with more than 40 parking stalls, a minimum of 200 square feet of
interior landscape area plus 15 square feet for each parking stall over 40 is required. For
areas placed behind buildings or otherwise screened from streets, parks and City trails the
interior landscape requirement is reduced to a minimum of 200 square feet plus 10 square
feet for each parking stall over 40.
3. Requirements for parking lots within the RC, RCM, C /LI, TSO and TVS zones:
a. For areas adjacent to public or private streets, a minimum of 15 square
feet of landscaping is required for each parking stall.
b. For areas placed behind buildings or otherwise screened from streets,
parks and City trails a minimum of 10 square feet of interior landscape area is required for
each parking stall_
4. Planting Standards:
a. Interior landscape islands shall be distributed to break up expanses of
paving. Landscaped areas shall be placed at the ends of each interior row in the parking
area, with no stall more than 10 stalls or 100 feet from a landscape area. Landscaped areas
and planting islands may contain bioretention systems,
b. The minimum size for interior parking lot planting islands is 100 square
feet.
c. Planting islands shall be a minimum of 6 feet in any direction and generally
the length of the adjacent parking space.
d. Raised curbs or curb stops shall be used around the landscape islands to
prevent plant material from being struck by automobiles. Where bioretention is used, curb
cuts shall be placed to allow stormwater runoff from adjacent pavements to enter the
bioretention system.
e. A minimum of 1 evergreen or deciduous tree is required per landscape
island, with the remaining area to contain a combination of shrubs, living groundcover and
mulch.
Section 13. TMC Section 18.56.040 Amended. Ordinance Nos. 2500 §24, 2368 §54,
2251 §66, 1795 §3 (part), and 1758 §1 (part), as codified at TMC Section 18.56.040,
"General Requirements," are hereby amended to read as follows:
18.56.040 General Requirements
Any required off-street parking and loading facilities shall be developed in accordance with
the following standards:
1. LOCATION. Any on- premises parking area that contains parking stalls located
more than 1,000 feet from the principal use shall require Hearing Examiner approval for the
entire parking lot.
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2. PARKING DIMENSIONS. Minimum parking area dimensions for surface and
structured parking facilities shall be as provided in Figure 18-6. Standard and compact
parking stalls shall be allowed a two -foot landscaping overhang to count towards the stall
length.
3. TANDEM PARKING SPACES. in the MDR and HDR zones, tandem spaces
(where one car is parked directly behind another) will be allowed for each three bedroom
and 1/3 of all two bedroom units. No more than 1/3 of all project parking spaces may be
tandem and all tandem parking spaces will be designed for full size rather than compact
size vehicles based on the dimensions in Figure 18 -6.
4. PARKING AREA AND PARKING AREA ENTRANCE AND EXIT SLOPES.
The slope of off - street parking spaces shall not exceed 5 %. The slope of entrance and exit
driveways providing access for off- street parking areas and internal driveway aisles without
parking stalls shall not exceed 15 %.
5. DRIVEWAYS AND MANEUVERABILITY.
a. Adequate ingress to and egress from each parking space shall be
provided without moving another vehicle and without backing more than 50 feet.
b. Turning and maneuvering space shall be located entirely on private
property unless specifically approved by the Public Works Director.
c. All parking spaces shall be internally accessible to one another without
reentering adjoining public streets. This standard does not apply to single family, duplex,
triplex, fourplex or townhouse uses.
d. When off - street parking is provided in the rear of a building and a driveway
or lane alongside the building provides access to rear parking area, such driveway shall
require a minimum width of twelve feet and a sidewalk of at least a three -foot section, .
adjoining the building, curbed or raised six inches above the driveway surface. This
standard does not apply to single family, duplex, triplex, fourplex or townhouse uses.
e. Ingress and egress to any off - street parking lot shall not be located closer
than 20 feet from point of tangent to an intersection.
f. The Public Works Director or the Community Development Director may
require ingress separate from an egress for smoother and safer flow of traffic.
6. The Director may require areas not designed or approved for parking to be
appropriately marked and/or signed to prevent parking_
7. SURFACE.
a. The surface of any required off - street parking or loading facility shall be
paved with permeable pavement, which is the preferred material, or asphalt, concrete or
other similar approved material(s) that maintains a durable uniform surface and shall be
graded and drained as to dispose of all surface water, but not across sidewalks.
b. Any parking stalls provided in excess of the required minimum shall use
permeable pavement where technically feasible in accordance with the Surface Water
Design Manual, adopted in accordance with TMC Chapter 14.30.
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c. All traffic - control devices, such as parking stripes designating car stalls,
directional arrows or signs, bull rails, curbs and other developments shall be installed and
completed as shown on the approved plans.
d. Paved parking areas shall use paint or similar devices to delineate car
stalls and direction of traffic.
e. Where pedestrian walks are used in parking Tots for the use of foot traffic
only, they shall be curbed or raised six inches above the lot surface.
f. Wheel stops shall be required on the periphery of parking lots so cars will
not protrude into the public right -of -way, walkways, off the parking lot or strike buildings.
Wheel stops shall be two feet from the end of the stall of head -in parking.
8. PARALLEL PARKING STALLS. Parallel parking stalls shall be designed so
that doors of vehicles do not open onto the public right -of -way.
9. OBSTRUCTIONS. No obstruction that would restrict car door opening shall
be permitted within five feet of the centerline of a parking space.
10. LIGHTING. Any lighting on a parking lot shall illuminate only the parking lot,
designed to avoid undue glare or reflection on adjoining premises.
11. CURB - CUTS. All parking areas shall have specific entrance and/or exit areas
to the street. The width of access roads and curb -cuts shall be determined by the Public
Works Director. The edge of the curb -cut or access road shall be as required by the Public
Works Director for safe movement of vehicles or pedestrians. Curb -cuts in single- family
districts shall be limited to a maximum of 20 feet in width and the location shall be approved
by the Public Works Director.
12. PARKING STALL. Parking stalls shall not be used for permanent or semi -
permanent parking or storage of trucks or materials.
Section 14. TMC Section 18.56.065 Amended. Ordinance Nos. 2368 §57, 2199 §19,
and 1976 §62, as codified at TMC. Section 18.56,065, "Residential Parking Requirements,"
are hereby amended to read as follows:
18.56.065 Residential Parking and Storage Requirements
A. Parking and vehicle storage limitations on properties devoted to single - family
residential use shall be as follows:
1. Motor vehicles on property devoted to single- family residential use shall be
parked on an approved durable uniform surface that is designed to retain surface water
on -site and without causing impacts. If necessary, surface water may drain to street if no
other design is feasible. Motor vehicles, other than those specified in TMC Section
18.56.065.A.2, shall not be parked in setbacks except in front or secondary front -yard
setbacks from streets, when in a driveway that provides access to an approved parking
location, and is in conformance with TMC Title 18, as that title currently exists or as it may
be subsequently amended. Parking in the rear setback for a single- family home is
permitted where the parking is connected to a rear alley.
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2. Recreational vehicles, boats or trailers shall be parked, kept or stored on an
approved durable uniform surface and shall not be parked, kept or stored in required front
yard setbacks, except for a driveway. Recreational vehicle parking in the side or rear
yard setbacks is allowed, provided no recreational vehicle is parked so as to prevent
access by emergency responders to all sides of a structure.
3. No more than 50% of the front yard or 800 square feet, whichever is smaller,
may be approved durable uniform surface. An approved durable uniform surface
exceeding this requirement prior to August 25, 2004 may be maintained, but shall not be
expanded. The Director of Community Development may approve exceptions to this
requirement for an access driveway, particularly on pie- shaped or other odd shaped Tots
where it is infeasible to meet this requirement.
4. Single - family properties on pre- existing, legal lots of record containing Tess
than 6,500 square feet are exempt from the percentages noted in TMC Section
18.56.065.A.3.
5. No more than six motor vehicles shall be parked on a single - family
residential property of 13,000 square feet or less outside of a carport or enclosed garage
for a period of more than 48 hours. For purposes of this section, "single- family residential
property" means any parcel containing a single - family residence or multiple parcels
combined containing one single- family residence, typically identified by a single address
located in the LDR zone. The parking limitations in this subsection shall apply to all motor
vehicles as defined by state law with the exception of motorcycles and mopeds.
B. Each unit in a townhouse development shall have an attached garage with
parking for at least one vehicle or a parking space in an underground garage.
C. Waiver from the requirement for number of required stalls. The Director
shall have the discretion to waive the requirement to construct a portion of the off - street
parking requirement if, based on a parking demand study, the property owner establishes
that the dwelling will be used primarily to house residents who do not and will not drive
due to a factor other than age. Such a study shall ensure that ample parking is provided
for residents who can drive, guests, caregivers and other persons who work at the
residence. If such a waiver is granted, the properly owner shall provide a site plan, which
demonstrates that in the event of a change of use that eliminates the reason for the
waiver, there is ample room on the site to provide the number of off-street parking spaces
required by this Code. in the event that a change of use or type of occupant is proposed
that would alter the potential number of drivers living or working at the dwelling, the
application for change of use shall be conditioned on construction of any additional off -
street parking spaces required to meet the standards of this Code.
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Section 15. TMC Section 18.70.050 Amended. Ordinance Nos. 2175 §1, 2077 §1,
and 1819 §1 (part), as codified at TMC Section 18.70.050, "Nonconforming Structures,"
are hereby amended to read as follows:
18.70.050 Nonconforming Structures
Where a lawful structure exists at the effective date of adoption of this title that could not
be built under the terms of this title by reason of restrictions on area, development area,
height, yards or other characteristics of the structure, it may be continued so long as the
structure remains otherwise lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that increases
its degree of nonconformity. Ordinary maintenance of a nonconforming structure is
permitted, pursuant to TMC Section 18.70.060, including but not limited to painting, roof
repair and replacement, plumbing, wiring, mechanical equipment repair /replacement and
weatherization. These and other alterations, additions or enlargements may be allowed
as long as the work done does not extend further into any required yard or violate any
other portion of this title. Complete plans shall be required of all work contemplated under
this section.
2. Should such structure be destroyed by any means to an extent of more than
50% of its replacement cost at time of destruction, in the judgment of the City's Building
Official, it shall not be reconstructed except in conformity with provisions of this title,
except that in the LIAR zone, structures that are nonconforming in regard to yard setbacks
or sensitive area buffers, but were in conformance at the time of construction may be
reconstructed to their original dimensions and location on the lot.
3. Should such structure be moved for any reason or any distance whatsoever,
it shall thereafter conform to the regulations for the zone in which it is located after it is
moved.
4. When a nonconforming structure, or structure and premises in combination,
is vacated or abandoned for 24 consecutive months, the structure, or structure and
premises in combination, shall thereafter be required to be in conformance with the
regulations of the zone in which it is located. Upon request of the owner, the City Council
may grant an extension of time beyond the 24 consecutive months.
5. Residential structures and uses located in any single- family or multiple -
family residential zoning district and in existence at the time of adoption of this title shall
not be deemed nonconforming in terms of bulk, use, or density provisions of this title.
Such buildings may be rebuilt after a fire or other natural disaster to their original
dimensions and bulk, but may not be changed except as provided in the non - conforming
uses section of this chapter.
6. Single- family structures in single- or multiple - family residential zone districts
that have legally nonconforming building setbacks, shall be allowed to expand the ground
floor only along the existing building line(s), so long as the existing distance from the
nearest point of the structure to the property line is not reduced, and the square footage
of new intrusion into the setback does not exceed 50% of the square footage of the current
intrusion.
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7. In wetlands, watercourses and their buffers, existing structures that do not
meet the requirements of the Sensitive Areas Overlay District chapter of this title may be
remodeled, reconstructed or replaced, provided that:
a. The new construction does not further intrude into or adversely impact
an undeveloped sensitive area or the required buffer;
b. The new construction does not threaten the public health, safety or
welfare; and
c. The structure otherwise meets the requirements of this chapter.
8. In areas of potential geologic instability, coal mine hazard areas, and buffers,
as defined in the Sensitive Areas Overlay District chapter of this title, existing structures
may be remodeled, reconstructed or replaced, provided that:
a. The new construction is subject to the geotechnical report requirements
and standards of TMC Sections 18.4512OB and 18.45.120C;
b. The new construction does not threaten the public health, safety or
welfare;
c. The new construction does not increase the potential for soil erosion or
result in unacceptable risk or damage to existing or potential development or to
neighboring properties; and
d. The structure otherwise meets the requirements of this chapter.
9. A nonconforming use, within a nonconforming structure, shall not be allowed
to expand into any other portion of the nonconforming structure.
Section 16. TMC Figure 18 -6, "Off- Street Parking Area Dimensions," Amended.
Ordinance No. 1758 §1 (part), codified as Figure 18 -6 in Title 18, is hereby amended to
be shown as follows:.
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A
Pastdng
Angle
0°
300
45°
B
Stall
Width
r 8,
8.5
8*
8.5
9
9.J
8*
8.5
9
9.5
Off - Street Parking Area Dimensions
TMC 18.56.040
C
Stall
Depth
8*
8.5
D
Aisle Width
1 -way traffic 2-way traffic
12
12
11
11
11
20
20
20
20
Curb
Length
F
Unit Width
1 -way traffic 2 -way traffic
20*
23
L
17*
19.5
20
20
12.5
12.5
12
1
2
20
20
20
20
16*
17
18
28*
36*
41* 54*
45 54
46 55
11.5*
12
12.7
13.4
46.5*
51.5
52
52
54*
59
60
60
600
90°
8*
8.5
9
18*
21
21
17.5`
17.5
17
20
20
20
9.2*
9.8
10.4
53.5
59.5
59
56*
62
62
8*
8.5
9
9.5
16*
19
19
19
24
24
23
22
25
25
24
8*
8.5
9
9.5
56*
62
61
60
57*
63
62
62
*These figures are far use with compact cars on y. Any bays that contain
combined compact and normal spaces shall be designed for normal spaces.
t
Curb
Length (E)
stall width
or depth
(B or C)
Aisle or Street
\110 gt\
Aisle (ID)
Sal
Yeas,
let
Peepencktder
to Aisle p
W
>I Curb Length
Angled Parking
Unit
Width
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Parallel Parking
Figure 18 -6
Of Street Parking
Area Dimensions
Page 17 of 18
307
Section 17. 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 18. 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 19. 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.
ATT ESTIAUTH E NT1 GATED :
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY:
Rachel B_ Turpin, City Attorney
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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