HomeMy WebLinkAboutOrd 2517 - Low Impact Development: "Permit Application Requirements" and "Seasonal Limitation Period" (TMC Title 16)
Cover page to Ordinance 2517
The full text of the ordinance follows this cover page.
Ordinance 2517 was amended or repealed by the
following ordinances.
AMENDED REPEALED
Section(s) Amended Amended by Ord # Section(s) Repealed Repealed by Ord #
6
2549
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2062
§1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTIONS 16.54.010, 16.54.030, 16.54.050, 16.54.060 AND
16.54.080, RELATED TO LOW IMPACT DEVELOPMENT
REQUIREMENTS; ESTABLISHING TWO NEW SECTIONS
ENTITLED "PERMIT APPLICATION REQUIREMENTS" AND
"SEASONAL LIMITATION PERIOD," TO BE CODIFIED AS
TUKWILA MUNICIPAL CODE SECTIONS 16.54.055 AND
16.54.065 RESPECTIVELY; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Federal Clean Water Act requires protection of water quality through
implementation of water quality protection measures; and
WHEREAS, the National Pollutant Discharge Elimination System ( NPDES),
administered by the Environmental Protection Agency (EPA), is one of the primary
mechanisms for achieving the objectives of the Federal Clean Water Act; and
WHEREAS, the EPA has delegated responsibility to administer the NPDES permit
program to the State of Washington pursuant to Chapter 90.48 RCW, which defines the
Washington State Department of Ecology's authority and obligations in administering the
program; and
WHEREAS, the City of Tukwila is regulated under the Washington State Department
of Ecology's Western Washington Phase II Municipal Stormwater Permit (the "Permit ");
and
WHEREAS, the Permit extends coverage of the NPDES permit program to certain
"small" municipal separate stormwater sewer systems (MS4), some of which are located
within the City of Tukwila; and
WHEREAS, Permit section S5.C.4 requires the City to implement and enforce a
program to reduce pollutants in stormwater runoff by regulating new development,
redevelopment and construction sites; and
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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 clay controlled by other regulations, provided such operations do not affect
the lateral support of, or significantly increase stresses in, soil on adjoining properties.
6. Exploratory excavations performed under the direction of a registered design
professional, as long as this exploratory excavation does not constitute the beginning of
construction of a building prior to obtaining a permit.
7. Gardening and routine landscape maintenance on a single-family residential
lot.
B. Applications for permits pursuant to TMC Chapter 16.54 shall be submitted to the
City in the format and manner specified 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. TIVIC 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:
setbacks;
a. Property boundaries, all existing and proposed easements and required
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 TIVIC
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 TIVIC 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 TIVIC
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:
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 (TIVIC 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 TIVIC 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 TIVIC 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 (TIVIC Title 18,) and the International Building Code ("IBC") Appendix J.
Appendix J is hereby adopted by reference, except as amended in TIVIC 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 (TIVIC
Chapter 16.36).
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d. The Surface Water Design Manual, as adopted in accordance with TIVIC
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 TIVIC 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 J 107. 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 (TIVIC Chapter 16.36).
(3) Fill material including, but not limited to, imported soils and compost,
at the location of a proposed stormwater facility or placed as part of earthwork construction
of a stormwater facility, shall be compacted in accordance with the Surface Water Design
Manual and TIVIC 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.
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 layer shall have an organic matter content of
between 5% to 10% dry weight and a pH suitable for the proposed landscape plants.
Subsoils below the topsoil layer should be scarified at least four inches with some
incorporation of the upper material to avoid stratified layers. Compost used to achieve the
required soil organic matter content must meet the definition of "composted materials" in
WAC 173-350-220.
2. This subsection does not apply to areas that will be covered by an impervious
surface at project completion, incorporated into a drainage facility or engineered as
structural fill or slope.
Section 6. Regulations Established. TMC Section 16.54.065, "Seasonal Limitation
Period," is hereby established to read as follows:
16.54.065 Seasonal Limitation Period
A. An annual period of limitation on site disturbance is established from October 1
through April 30.
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 16.54.065.13, 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, 11111 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. TIVIC Section 16.54.080 Amended. Ordinance No 2062 §1 (part), as
codified at TIVIC 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 � 00,e y, h-C, 2016.
ATTESZ/A7UTHENTICATED-
'ok
Christy O'Flarrerty, MMC, City
Rachel B. Turpin, City Attorney
AllaKEkberg, Mayor
Filed with the City Clerk
Passed by the City Cou
Published:
Effective Date: Q
Ordinance Number:'
-41
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2515 -2521.
On December 5, 2016 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2515: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING THE BIENNIAL BUDGET OF THE CITY OF
TUKWILA FOR THE 2017 -2018 BIENNIUM; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2516: 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.
Ordinance 2517: 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.
Ordinance 2518: 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.
Ordinance 2519: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2459 §1, §2, AND §8, AND
ORDINANCE NO. 2281 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE
SECTIONS 5.06.020, 5.06.040, 5.06.050 AND 5.06.140, TO UPDATE TUKWILA'S
RESIDENTIAL RENTAL BUSINESS LICENSE AND INSPECTION PROGRAM
REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2520: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING NEW REGULATIONS TO REDUCE
DEVELOPMENT AND LAND USE FEES FOR CERTAIN AFFORDABLE HOUSING
PROJECTS, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE CHAPTERS 16.04,
16.54, AND 18.88; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
Ordinance 2521: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ESTABLISHING REGULATIONS FOR A RESIDENTIAL
IMPACT FEE DEFERRAL, TO BE CODIFIED IN TUKWILA MUNICIPAL CODE
CHAPTERS 9.48, 16.26 AND 16.28; AMENDING AND /OR ADDING SECTIONS IN
EACH OF THE AFOREMENTIONED CHAPTERS RELATING TO EXEMPTIONS AND
DEFINITIONS (AMENDING ORDINANCE NOS. 2366 §1 (PART), 2365 §1 (PART), 2305
§1 AND 2111 §1 (PART) AS DELINEATED; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: December 8, 2016