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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 W. Word Processinglardinances\Low impact Development rgmts -TMC 1430 11 -29-16 GV:bjs Page 1 of 7 273 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 W. Word ProcessinglOrdinances\Low Impact development rgmts -TMC 14.30 11 -29 -16 GV:bjs 274 Page 2 of 7 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. W: Word Processinglordinances \Low Impact Development rqmts -TMC 14.30 11 -29 -16 GV:6js Page 3 of 7 275 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. W: Word ProcessinglOrdinances'Low Impact Development rgmts -TMC 14.30 11 -29 -16 GV:bjs 276 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 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. W: Word Processing\Grdinances\LoW Impact Development rgmts -TMC 1430 11 -29 -16 GV:bis Page 5 of 7 277 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 W: Word Processinglordinances\Low Impact Development rgrnts -TMC 14.30 11 -29 -16 GV:bjs 278 Page 6 of 7 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) W: Word Processing \Ordinances\Low Impact Development rqmts-TMC 14.30 11 -29 -16 GV:bjs Page 7of7 279 280 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, W: Word Processing1Ordinances \Low 4mpact Development rgmts -TMC 16.54 11 -29 -16 GV:bjs Page 1 of 9 281 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. W: Word Processing4Ordinances \Low impact Development rgmts -TMC 16.54 11 -29 -16 GV:bjs 282 Page 2 of 9 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. VV: Word ProcessinglOrdinances\Low impact Development rgmts -TMC 16.54 11 -29 -16 GV :bjs Page 3 of 9 283 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. W: Word Processing\Ordinances \Low Impact Development rqmts-TMC 16.54 11 -29 -16 GV:bjs 284 Page 4 of 9 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). W: Word Processinglordinances\Law Impact Development rgmts -TMC 16.54 11 -29 -16 GV:bjs Page 5 of 9 285 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 W: Word Processing1Ordinancesllow Impact Development rqmts -TMC 16.54 11 -29 -16 GV:bjs 286 Page 6 of 9 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: W: Word Processing\Ordinanc : slLOw Impact Development rgmts -TMC 16.54 11 -29 -16 Gv: bjs Page 7 of 9 287 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. W: Word Processinglordinances \Low impact Development rqmts -TMC 16.54 11 -29 -16 GV:6js 288 Page 8 of 9 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: W Word Processingiordinances\Low Impact Development rgmts -TMC 16.54 11 -29 -16 GV:bjs Page 9 of 9 289 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 W: Word Processing \Ordinances \Low Impact Development rgmts -Title 18 11 -29 -16 MB:bjs Page 1 of 18 291 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. W: Word Processing\OrdinanceslLow Impact Development rgmts -Title 18 11 -29 -16 MB:bjs 292 Page 2 of 18 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. W: Word Processing\Ordinances \Low Impact Development rqmts -Title 18 11 -29 -16 MB:bjs Page 3 of 18 293 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 W: Word ProcessinglOrdinances\Low Impact Development rgmts -Title 18 11 -29 -16 MB:bjs 294 Page 4 of 18 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.) W: Word Processing\Ordinances\Low Impact Development rgmts -Title 18 11-29-16 MB:bjs Page 5 of 18 295 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. W: Word ProcessinglordinancesJLow Impact Development rqmts -Title 18 11 -29 -16 MB :bjs 296 Page 6 of 18 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; W: Word Processing\0rdinances \Low Impact Development rqmts -Title 18 11 -29 -16 MB:bjs Page 7 of 18 297 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 W: Word Processing \Ordinances \Low Impact Development rgrnts- Title 18 11 -29 -16 NIB: bjs 298 Page 8 of 18 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. W: Word Processinglordinances\Low Impact Development rgmts -Title 18 11 -29 -16 B:bjs Page 9 of 18 299 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. W: Word Processing\Ordinances \Low Impact Development rgmts -Tide 18 11 -29 -16 MB:bjs 300 Page 10 of 18 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. W. Word Processing\Ordinances\Low Impact Development rgmts -Title 18 11 -29 -16 MB:bjs Page 11 of 18 301 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. W: Word Prooessinglordinanoes\Low Impact Development rgmts -Title 18 11 -29 -16 MB:bjs 302 Page 12 of 18 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. W: Word Processing\Ordinances \Low Impact D vetopment rqmts -Title 18 11 -29 -16 MB:bjs Page 13 of 18 303 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. W: Word Processing\OrdinancesNLow Impact Development rgmts -Title 18 11 -29 -16 MB:bjs 304 Page 14 of 18 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. W: Word ProcessinglOrdinanceslLow impact Development rgmts Title 18 11 -29 -16 MB:bjs Page 15 of 18 305 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:. W. word Frocessing\Ordinances \Low Impact Development rgmts -Title 18 11 -29 -16 MB:bjs 306 Page 16 of 18 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 W: Word Processing \Ordinances1Low Impact Development rgmts -Title 18 11 -29 -16 MB:bjs 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: W. Word Processing \Ordinances \Low Impact Development rgmts -Title 18 11 -29 -16 MS:bjs 308 Page 18 of 18