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HomeMy WebLinkAboutPermit PL10-008 - CITY OF TUKWILA - NOISE CODE AMENDMENTNOISE ORDINANCE ZONING CODE AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT COMPREHENSIVE PLAN AMENDMENT PLI 0-008 L10-008, E10-004 City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION To: City of Tukwila, DCD file# E10-004, L10-008 State Department of Ecology, SEPA Division Surrounding Cities Planning Departments: Seattle, Renton, SeaTac, Burien, Kent PROJECT: SEPA DNS for development of a new Noise Ordinance FILE NUMBERS: E 10-004 ASSOCIATED FILES: L 10-008 APPLICANT: City of Tukwila REQUEST: Optional -DNS for environmental review related to the development of a new (revised) Tukwila Municipal Code Chapter 8.22 (Noise). LOCATION: City Wide This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a Determination of Non -significance (DNS) for the above project based on the environmental checklist and the underlying permit application. Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at: Tukwila Department of Community Development 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Monday through Friday 8:30 a.m. - 5:00 p.m. The project planner is Stacy MacGregor, who may be contacted at (206) 433-7166 for further information. The decision is appealable to the Superior Court pursuant to the Judicial Review of Land Use Decisions, Revised Code of Washington (RCW 36.70C). SM H:\Noise\E 10-004\SEPA NOD.DOC Page 1 02/19/2010 6300 Souihc•t:uter /3,u+lcvtncl. Shin• "lull • Tukwila, It'ashinstr,u (h1'/SS • t'h'in 20643/-3670 • Fax. 206-431-3665 02/16/2010 4:48 PM AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NUMBER 2002, AS CODIFIED AT TUKWILA MUNICIPAL CODE 8.22 NOISE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare; and '' WHEREAS, it is the express intent of the City :Council to control the level of noise in a manner that promotes commerce; the use, value, and enjoyment of property; ,sleep and repose;'and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it is in excess of specified decibel levels as well as noise :beprohibited when it, unreasonably disturbs the peace, comfort and repose of others; and WHEREAS, the problem of noise in the City has beenwinvestigated by the Director of Community Development and on the basis of the, results oftheses investigations, the City Council, pursuant to the authority granted it in Chapter; 70.107 RCW, finds that special conditions exist within the City that make necessary any and all differences between this chapter and the regulations adopted by the Department of Ecology in Chapters 173-58, 173-60, and 173-62 WAC;, and that make necessary the provision for criminal as well as civil penalties for violation of this chapter; and WHEREAS, the City Council has determined that noise that travels more than 50 feet from its source disturbs the peace and repose of its citizens; and WHEREAS, it is ` demonstrated that enforcement of noise regulations is often difficult or impractical if a';r'noise measuring device is required under every circumstance; and WHEREAS; ,upon adoption, this ordinance will be submitted to the Department of Ecology for review and approval pursuant to RCW 70.107.060; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Repealer. Tukwila Municipal Code Chapter 8.22 (Noise) is hereby repealed in its entirety. Section 2. New TMC Chapter 8.22 Re-enacted. A new TMC Chapter 8.22 (Noise) is hereby re- enacted to read as follows: Noise Ordinance, 2/18/10 8.22.010 Purpose. It is expressly the purpose of this chapter to provide for and promote the health, safely and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. 8.22.020 Definitions. As used in this Chapter, the following terms shall have the meanings set forth in this Section, unless a different meaning is clearly indicated by the context in which the term is used. 1. "Administrator" means the Director of Community Development, the Chief of the Police Department, or their designee including the Hearing Examiner. 2. "Affected tenant" means a business located within a required public notice area which conducts business or maintains open hours during the time period in which a noise variance,i's sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. Affected tenants are business tenants only and are not residential tenants. 3. "Audio or visual equipment" means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players, and other such devices. 4. "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights-of-way ,structures, utilities or similar property. 5. "Daytime" means 7am-10pm Monday through Friday and.�a8am-10pm Saturday, Sunday and State - recognized holidays. 6. "dB(A)" means the sound level measured; in decibels, using the A -weighting network. 7. "District" or "noise control district" means the land use zones +towhich the provisions of this chapter are applied. For the purposes of this chapter: a) "Residential district" includes zones designated as LDR,'MDR, and HDR; b) "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC, RCM, and TUC; and c) "Industrial district" includes zones designated as.C/LI, LI, HI, MIC/L, MIC/H, and TVS. 8. "Emergency work" means, work required to restore property to a safe condition following a public calamity, work required`toprotect persons or properfy from an imminent exposure to danger, or work by private or public utilities for restoring immediately necessary utility service. 9. "Equipment'' means any stationary or portable device or any part thereof capable of generating sound. 10. "Evening" means 10pm-7am Monday through Friday and 1Opm-8am Saturday, Sunday and State - recognized holidays. 11. "Gross vehicle weight rating" - (GV WR) means the value specified by the manufacturer as the recommended maximum loaded weight,of a.single vehicle or combination of vehicles (GCWR). 12. "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than`three wheels in contact with the ground, except that farm equipment and vehicles powered by engines of less than five horsepower shall not be included. 13. "Motor vehicle" means any ;,vehicle that is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on/stationary rails or tracks are not "motor vehicles" as that term is used herein.) 14. "Muffler" means a device, consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine, and designed to reduce the sound resulting there from. 15. "Noise" means the intensity, duration and character of sounds from any and all sources. 16. "Noise Sensitive Unit" means a residence or real property normally used as schools, churches, hospitals or public libraries. Property located in an industrial or commercial zone is not a noise sensitive unit unless it meets the above criteria in more than an incidental manner. 17. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. Noise Ordinance, 2/18/10 18. "Plainly audible" means sound made by a sound producing source that can be heard. 19. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Department of Highways or any county or city, when any part thereof is generally to the use of the public for purposes of vehicular travel or a matter of right. 20. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. 21. "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property. 22. "Residence" means a building regularly or intermittently occupied by a person for a dwelling, lodging, or sleeping purposes. 23. "Residential party" means a social gathering held in a place of residence whether or not the resident is actually present. 24. "Sound level" means the weighted sound pressure level,measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. 25. "Sound level meter" means a sound level measuring device, either Type I ;or: Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971. 'r 26. "Sound producing source" means anything that is,capable of making sounds that 'can be measured by a sound level meter. Sound producing source includes, but is not limited to, the following: a) air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles), and swimming pool or hot tub pumps; b) air horns, bells or sirens; c) audio or visual equipment; d) domestic tools, including chainsaws, electric drills, . electric -saws, hammers, lawn mowers, leaf/snow blowers, and similar tools and devices; e) loudspeakers or public address systems; f) musical instruments; g) human voice; h) animal sounds; i) mechanical or electrical noise; j) vehicle engines or exhaust systems, other than regular traffic upon a highway, road, or street; or a k) residential. party. 27."Warning\ device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm or vehicle backup signal, but not including any fire alarm. 8.22.030 General Powers of the Administrator. A. Subject to the provisions of this code, the Administrator may take such action as may be necessary to abate a sound producing source that causes or may cause, by itself or in combination with any other sound producing source or sources, an unreasonable or prohibited noise. The Administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter. B. The Administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter including but not limited to rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices, or sound mitigation equipment or devices. C. The Administrator may promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this code. D. The Administrator shall have the power to issue notices of violation for violations of this chapter. Noise Ordinance, 2/18/10 8.22.040 Measurement of Sound. A. The use of a sound level meter is not required to verify a noise violation. B. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, Section 1.4-1971. If the measurements are made with other instruments, or assemblages of instruments, the procedure must be carried out in such manner that the overall accuracy shall be at least that called for in Section 1.4-1971 for Type II instruments. 8.22.050 Measurement - Technical correction. When the location, distance or technique prescribed in this chapter for measurement of sound is impractical or would .'yield ''misleading or inaccurate results, measurements shall be taken at other locations or distances determined by.the>Administrator 8.22.060 Maximum permissible sound levels. It is: a violation to produce sound in excess of the permissible sound levels established by this chapter. A. No person may produce or permit to be produced sound ,that exceeds the ?following maximum permissible sound levels when measured at or within the boundaryy of a` receiving property District of Sound Sou District of Receiving Property r 45 mph idential, Daytimidential, Evenirnmercial B(A) ustrial idential IB(A) 1B(A) • IB(A) 1B(A) nmercial IB(A) 1B(A) 1B(A) 1B(A) astrial 1B(A) IB(A) - iB(A) 1B(A) r, B. At any hour of the day or night, the applicable noise limitations in (A) above may be exceeded for any receiving property by no more than: 1. 5 dB(A) for a total of 15 minutes in anyone-hour period; or 2. 10 dB(A) for a total of five minutes in any one-hour period; or 3. 15 dB(A) for a total of 1.5 minutes in any one-hourTeriod. OR • C. No person niay produce or permit to be produced sound that is plainly audible in a residential district: 1. at a distance ofatleast 100 feet from the exterior of a sound producing source, or 2. during evening hours from within a noise sensitive unit. 8.22.070 Motor Vehicle Sound Levels - Created by Operation. It is unlawful for any person to operate upon any public highway any motor vehicle or any combination of motor vehicles under any conditions of grade, load, acceleration or deceleration in such manner as to exceed the following maximum permissible sound levels for the category of vehicle, as measured at a distance of 50 feet from the center of the lane of travel pursuant to WAC 173-62-030: ide Category nph or less r 45 mph :or vehicles over 10,000 pounds GVWR or GVWR lB(A) B(A) :orcycles lB(A) B(A) other motor vehicles lB(A) B(A) Noise Ordinance, 2/18/10 8.22.080 Muffler Requirements. It is unlawful for any person to operate, or for any owner to permit any person to operate, any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. 8.22.090 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative, or cause to be removed or rendered inoperative -- other than for purposes of maintenance, repair, or replacement — any muffler or sound dissipative device on a motor vehicle that is operated on the City's streets. 8.22.100 Tire Noise. It is unlawful for any person to operate a motor vehicle insuch a manner as to cause or allow to be emitted squealing, screeching or other such= -'sound from the tires in contact with the ground because of rapid acceleration or excessive speed around: corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent;,; danger shall be exempt from this section. 8.22.110 Motor Vehicle Exemptions. Sounds created by motor vehicles are subject to the provisions of TMC 8.22.070 through 8.22.100 and are ,exempt from the maximum permissible sound levels of TMC 8.22.060; except that sounds created by any motor vehicle operated off public highways when the sounds are received within a residential district of the City are subject to the maximum permissible sound levels of TMC 8.22.060. 8.22.120 Sounds exempt at all times. A. The following sound producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft,in flight and sounds that originate at airports that are directly related to flight operations; _ 2. Safety andprotective devices, such as relief valves and fire alarms, where noise suppression would defeat the safety release intent of the device; 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion, or hurricane; ‘, 4. Emergency equipment °activated in the interest of law enforcement, activated to perform emergency work,as defined in TMC 8.22.020, or activated in response to a power outage where it is necessary to actiate such equipment to preserve the health and safety of persons or to prevent harm to property; 5. Warning devices not operated continuously for more than five minutes per incident; 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad; 7. Natural phenomena; 8. City -sanctioned parades, sporting events, and other City -sanctioned public events; 9. Existing or new stationary equipment used in the conveyance of water, waste water, and natural gas by a utility; 10. Existing or new electrical substations 11. Apartment unit -to -apartment unit noise violations which are handled under Washington State Landlord/Tenant laws. 12. Sounds created by construction or the movement of construction -related materials including, but not limited to, striking or cutting sounds from hammers, saws, or equipment with electrical or Noise Ordinance, 2/18/10 internal combustion engines emanating from temporary construction sites, if the receiving property is located in a commercial or industrial district of the City; 13. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses, or structures, including, but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters if the receiving property is located in a commercial or industrial district of the City. 14. Sounds created by equipment used for public highway maintenance and construction if the receiving property is located in a commercial or industrial district of the City. B. Nothing in these exemptions is intended to preclude the Administrator,from requiring installation of the best available noise abatement technology consistent with economic :feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.04. �. 8.22.130 Sounds exempt during daytime hours. A. The following sound producing sources are exempt from the provisions`of this chapter during daytime hours: 1. Bells, chimes, or carillons operating for not more than five minutes!inany one hour; 2. Sounds created by construction or the movement of construction -related materials including, but not limited to, striking or cutting sounds from‘hammefs, saws, or equipment with electrical or internal combustion engines emanating from -temporary construction sites, if the receiving property is located in a residential district of the City; 3. Sounds created by the installationworkrepair of essential utility services; 4. Sounds created by hand or powered .equipment used in temporary or periodic maintenance or repair of property, uses, or structures„including ';but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, if the receiving property is located in a residential district of the City; 5. Aircraft/engine testing and maintenance not related to flight operations; provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible; 6. The testing of emergency back-up generators or other emergency equipment; 7. ” Sounds created by equipment used for public highway maintenance and construction. B. Sounds originating from the discharge of firearms on shooting ranges authorized under state and local law are exempt from the provisions of this chapter between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and during the hours of 8:00 a.m. through 6:00 p.m., Saturdays, Sundays, and State - recognized holidays: C. Nothing in=these exemptions is intended to preclude the Administrator from requiring installation of the best available noise ° abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to,the provisions of RCW 34.04. 8.22.140 Variances. A. Any person who owns or operates a sound source may apply for a variance. B. Applications will be processed based on the duration the sound source will exceed the maximum permissible sound levels as shown in Table A. days maximum permissiblriit 1 is exceeded within a 12 rr. Dd Type ce Requirements ic Hearing Requirer ays or less 2 2 totice (2) tearing 0 days 2 led notice (1,2) tearing e than 60 days 2 3 led notice (1,2) .ic Hearing Noise Ordinance, 2/18/10 (1) Mailed notice shall be provided per TMC 18.104.120 excepting that tenants that are not affected tenants per 8.22.010 are not required to be sent notice. (2) The Administrator shall have the discretion in unusual circumstances (i.e. unusual type or intensity of noise or length of request) to require additional public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, or notice posted at the site. C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code. D. Applications for a variance to exceed the maximum permissible sound levels shall supply information including, but not limited to: 1. The nature, source, intensity and location of the sound; 2. The hours during the day and/or night that the noise will occur; 3. The number of days and/or nights the noise will occur; 4. The ambient sound level in dB(A) during the time of day -or ,evening for which the variance is being sought; 5. The time period for which the variance is requested; 6. The reason for which the noise violation cannot be avoided; 7. Mitigating conditions the applicant will implement to,minimize the sound level violations; and 8. The name, address, and means of contacting a responsible party during the hours of operation for which the permit of variance is issued. 9. Any additional information or studies regarding any aspect :of the requested variance which is deemed necessary to complete the review of the variance request. E. In making the determination on granting,a variance; the Administrator shall consider: 1. Whether the public health, safety or Welfare is impacted; 2. The social and economic value of the 'activity 'forwhichthe variance is sought; 3. The ability ofthe applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5. Any comments received duringypublic notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. F. The permit variance shall enumerate the conditions of the variance including, but not limited to: 1. Specific dates: and times for which the variance is valid; 2. Additional mitigation measures or public notice requirements as determined by the Director. G. The permit, variance may be revoked by the Administrator, and the issuance of future variances withheld, if there is: 1. Violation of one or more conditions of the variance; 2. Material misrepresentation of fact in the variance application; or 3. Material change in any of the circumstances relied upon by the Administrator in granting the variance. 8.22.150 Fees for Variances. An application fee and charges shall be paid at the time the variance application is filed with the City. The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. 8.22.160 Violation — Penalty. A. Every person, entity, firm or corporation convicted of violating the provisions of sections TMC 8.22.070 through 8.22.100 of this chapter shall be guilty of a misdemeanor, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both such fine and imprisonment. Upon a first such conviction, the fine shall be $500.00, of which $250.00 shall not be suspended or deferred, and a fine of $700.00 shall be Noise Ordinance, 2/18/10 imposed for each subsequent violation, of which $300.00 shall not be suspended or deferred. Mandated minimums shall include statutory costs and assessments. B. Every person who is determined to be in violation of TMC 8.22.060 has committed a civil violation and shall be subject to the provisions of TMC 8.45.050 and the monetary penalties set forth below: a. First civil penalty, $250.00. b. Second and subsequent civil penalties, $500.00. At such time that two civil penalties have been assessed within a one-year period City issued permits and or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. ,> c. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. C. The Administrator may to waive or reduce monetary penalties findings are made demonstrating that the noise violation has been remedied. D. The owners, agents, contract buyers, tenants or lessees -of all residential dwellings, commercial establishments, and or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly/and severally liable for any damages or costs incurred or imposed under this chapter. .: E. The penalties set forth in this Chapter are not exclusive. The. Ci y may avail itself of any other remedies provided by law. 8.22.170 —Liability. Nothing contained in, this: chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents, for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, -permission or approval authorized or issued or done in connection with the implementation, or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 3. 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 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City within five days of passage as provided by law. This ordinance shall take effect and be in full force following review and approval by the Department of Ecology pursuant to RCW 70.107.060. PASSED BY THE/CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST/AUTHENTICATED: Christy O'Flaherty, City Clerk APPROVED AS TO FORM BY: Noise Ordinance, 2/18/10 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Noise Ordinance, 2/18/10 City of Tukwila Washington Ordinance No. <; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the noise code of the City of Tukwila establishes permit application types pursuant to the Zoning Code; and WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and procedures and the City wishes to update these permit types to include noise variance applications; and WHEREAS, on April 26, 2010, the Tukwila City Council Committee of the Whole, following adequate public notice, held a public hearing to receive testimony concerning amending the noise code and adopted a motion recommending the proposed changes; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinances Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19 and 2251 (part), as codified at TMC Section 18.104.010, are amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Type 1 Decisions TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise - 30 days or less (TMC 8.22.120) Community Development Director As specified by ordinance Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Community Development Director Development Permit Building Official Community Development Director Community Development Director Minor modification to design review approval (TMC Section 18.60.030) Minor Modification to PRD (TMC Section 18.46.130) W \Wurd Processing \ Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 Page 1 of 4 TYPE OF PERMIT DECISION MAKER Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable Community Development Director Tree Permit (TMC Chapter 18.54) Community Development Director Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review (TMC Section 18.60.030) Community Development Director Board of Architectural Review Administrative Planned Residential Development (TMC Section 18.46.110) Short Plat Committee Hearing Examiner Administrative Variance for Noise - 31-60 days (TMC Section 8.22.120) Community Development Director Hearing Examiner Binding Site Improvement Plan (TMC Chapter 17.16) Short Plat Committee Hearing Examiner Cargo Container Placement (TMC Section 18.50.060) Community Development Director Hearing Examiner Code Interpretation (TMC Section 18.90.010) Community Development Director Hearing Examiner Exception from Single -Family Design Standard (TMC Section 18.50.050) Community Development Director Hearing Examiner Modification to Development Standards (TMC Section 18.41.100) Community Development Director Hearing Examiner Parking standard for use not specified (TMC Section 18.56.100) Community Development Director Hearing Examiner Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Community Development Director Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shorelines Hearings Board Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner Sign Area Increase (TMC Section 19.32.140) Community Development Director Hearing Examiner Sign Permit Denial (TMC Chapter 19.12) Community Development Director Hearing Examiner Special Permission Parking, and Modifications to Certain Parking Standards (TMC Sections 18.56.065 and .070) Community Development Director Hearing Examiner Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Community Development Director Hearing Examiner W \ Word Processing\ Ordinances\Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 Page 2 of 4 TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director Hearing Examiner 3. Type 3 decisions are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 3 Decisions TYPE OF PERMIT DECISION MAKER APPEAL BODY Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Superior Court Resolve uncertain zone district boundary Hearing Examiner Superior Court Shoreline Conditional Use Permit (TMC Section 18.44.050) Planning Commission State Shorelines Hearings Board Subdivision - Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) Hearing Examiner Superior Court 4. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Public Hearing Design Review (TMC Chapter 18.60) Board of Architectural Review Hearing Examiner Subdivision - Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Planning Commission Hearing Examiner Unique Signs (TMC Section 19.28.010) Planning Commission Hearing Examiner 5. Type 5 decisions are quasi-judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. W \ Word Processing\Ordinances\Title 18 Zoning Code Noise.doc KS:ksn 06/29/2010 Page 3 of 4 Type 5 Decisions TYPE OF PERMIT DECISION MAKER APPEAL BODY Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) City Council Superior Court Rezone (TMC Chapter 18.84) City Council Superior Court Sensitive Area Master Plan Overlay (TMC Section 18.45.160) City Council Superior Court Shoreline Environment Re -designation (Shoreline Master Program) City Council Superior Court Subdivision - Final Plat (TMC Section 17.12.030) City Council Superior Court Unclassified Use (TMC Chapter 18.66) City Council Superior Court Section 2. 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 3. 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 following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this (07') day of TN 1 y , 2010. A 1"1'hST/ AUTHENTICATED: 7 J a3E erty, CMC, City Clerk APPROVE ORM BY: w Offic . f the3=' : : rne� JirflIaggerty ►mayor Filed with the City Clerk: -10 Passed by the City Council: 1 42 - Published: Cl Published: r -14-/D Effective Date: PQf SQt'TID{J Ordinance Number: L/ W \ Word Processing\ Ordinances\ Title 18 Zoning Code Ploise.doc KS:ksn 06/29/2010 Page 4 of 4 SUMMARY OF Ordinance No. 2294 City of Tukwila, Washington On July 6, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2294, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on July 6, 2010. Christy O'Fla (1°14 -di CMC, City CI Published Seattle Times: July 12, 2010 SUMMARY OF Ordinance No. 2293 City of Tukwila, Washington On July 6, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2293, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on July 6, 2010. Christy O'Flahe , CMC, City Clerk Published Seattle Times: July 12, 2010 • • on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 18. Repealer. Ordinance No. 2002 is hereby repealed. Section 19. 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 20. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City within five days of passage as provided by law. This ordinance shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 1271 day of —TEA (N , 2010. ATTEST/,AUTHENTICATED: Christy O'FMherty, CMC, Ci Clerk aggert ayor Filed with the City Clerk: is • i0 -/O Passed by the City Council: -b-/ 17 Published: fl - I ) -/ Effective Date: Q t S2 r17 ,t) Ordinance Number: via -(7j W \ Word Processing \ Ordinances \ Noise (revised final draft ord for COW 6 28).docx DM.ksn 06/29/2010 Page 9 of 9 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare; and WHEREAS, it is the express intent of the City Council to control the level of noise in a manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose, and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others, and WHEREAS, the problem of noise in the City has been investigated by the Director of Community Development and the Chief of Police, and based on these investigations the City Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions exist within the City that make necessary any and all differences between this chapter and the regulations adopted by the Department of Ecology in Chapters 173-58,173-60 and 173-62 WAC, and that make necessary the provision for criminal as well as civil penalties for violation of this chapter; and WHEREAS, the City Council has determined that noise that travels more than 50 feet from its source disturbs the peace and repose of its citizens; and WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or impractical if a noise measuring device is required under every circumstance; and WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology for review and approval, pursuant to RCW 70.107.060; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows: Chapter 8.22 NOISE Sections: 8.22.010 Purpose 8.22.020 Definitions 8.22.030 General Powers of the Administrator 8.22.040 Measurement of Sound 8.22.050 Maximum Permissible Sound Levels 8.22.060 Muffler Requirements 8.22.070 Modification of Motor Vehicles 8.22.080 Tire Noise 8.22.090 Motor Vehicle Exemptions 8.22.100 Sounds Exempt at all Times 8.22.110 Sounds Exempt During Daytime Hours 8.22.120 Variances 8.22.130 Extension 8.22.140 Fees for Variances 8.22.150 Violation - Penalty 8.22.160 Liability W \ Word Processing\Ordinances\Noise (revised final draft ord for COW 628) docx DM.ksn 06/29/2010 Page 1 of 9 • • Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows: 8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows: 8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. 'Administrator" means the Director of Community Development, the Chief of Police, or their designee, including the Hearing Examiner. 2. "Affected tenant" means a business located within a required public notice area which conducts business or maintains open hours during the time period in which a noise variance is sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only and not residential tenants. 3. "Audio equipment" means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players and other such devices. 4. "Commercial music" means music originating from or in connection with the operation of any commercial establishment or enterprise. 5. "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights-of-way, structures, utilities or similar property. 6. "Daytime" means 7AM-10PM, Monday through Friday and 8AM-1OPM, Saturday, Sunday and State -recognized holidays. 7. "dB(A)" means the sound level measured in decibels, using the A -weighting network. 8. "District" or "noise control district" means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter: a. "Residential district" includes zones designated as LDR, MDR and HDR; b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC, RCM, TUC, C/LI and TVS; and c. "Industrial district" includes zones designated as LI, HI, MIC/L and MIC/H. 9. "Emergency work" means work required to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work required to restore property to a safe operating condition following a weather event, or work by private or public utilities for restoring immediately necessary utility service. 10. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. 11. "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except that farm equipment and vehicles powered by engines of less than five horsepower shall not be included. 12. "Motor vehicle" means any vehicle that is self-propelled, used primarily for transporting persons or property upon public highways, and required to be Licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not "motor vehicles" as the term is used herein.) 13. "Motor vehicle sound systems" means audio equipment installed or used in a motor vehicle. 14. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and designed to reduce the sound resulting therefrom. 15. "Nighttime" means 1OPM-7AM, Monday through Friday and 10PM-8AM, Saturday, Sunday and State -recognized holidays. W \ Word Processing\Ordinances\Noise (revised final draft ord for COW 6 28).docx DM.ksn 06/29/2010 Page 2 of 9 • • 16. "Noise" means the intensity, duration and character of sounds from any and all sources. 17. "Noise sensitive unit" means real property used as a residence, school, church, hospital or public library. Property located in an industrial or commercial zone is not a noise sensitive unit unless it meets the above criteria. 18. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. 19. "Plainly audible" means sound made by a sound -producing source that can be heard by a person using their unaided hearing faculties. Plainly audible sound includes any component of sound, including but not limited to, rhythmic bass or comprehensible musical rhythms. It is not necessary for such person to be able to determine the title, specific words or artist of music or the content of any speech for the sound to be considered "plainly audible." 20. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation (WSDOT) or any county or city, when any part thereof is generally for the use of the public for purposes of vehicular travel or a matter of right. 21. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. 22. "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property. Individual offices or dwelling units within a building may constitute a receiving property. 23. "Residence" means a building regularly or intermittently occupied by a person for dwelling, lodging or sleeping purposes. 24. "Residential party" means a social gathering held in a place of residence. 25. "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. 26. "Sound level meter" means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, ANSI S1.4-1983. 27. "Sound -producing source" means anything that is capable of making sound. Sound - producing source includes, but is not limited to, the following: a. air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps; b. air horns, bells or sirens; c. audio equipment; d. domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf/snow blowers, and similar tools and devices; e. loudspeakers or public address systems; f. musical instruments; g. human voice; h. animal sounds; i. mechanical or electrical noise; j. vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street; k. residential party; 1. motor vehicle sound systems; or m. commercial music 28. "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm or vehicle backup signal, but not including any fire alarm. Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows: W \ Word Processing \ Ordinances \ Noise (revised final draft ord for COW 6 28).docx DM.ksn 06/29/2010 Page 3 of 9 • • 8.22.030 General Powers of the Administrator. A. Subject to the provisions of this code, the administrator may take such action as may be necessary to abate a sound -producing source that causes or may cause, by itself or in combination with any other sound -producing source or sources, an unreasonable or prohibited noise. The administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter. B. The administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter, including but not limited to, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices or sound mitigation equipment or devices. C. The administrator may promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this chapter. D. The administrator shall have the power to issue notices of violation for violations of this chapter. Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows: 8.22.040 Measurement of Sound. A. The use of a sound level meter is not required to verify a noise violation. B. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, ANSI S1.4-1983. If the measurements are made with other instruments or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in ANSI S1.4-1983 for Type II instruments. Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows: 8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess of the permissible sound levels established by this chapter. 1. No person may produce or permit to be produced sound that exceeds the following maximum permissible sound levels when measured at or within the boundary of a receiving property: District of Sound Producing Source District Receivin of Property Residential, Daytime Residential, Nighttime Commercial Industrial Residential 55 dB(A) 45 dB(A) 57 dB(A) 60 dB(A) Commercial 57 dB(A) 47 dB(A) 60 dB(A) 65 dB(A) Industrial 60 dB(A) 50 dB(A) 65 dB(A) 70 dB(A) 2. At any hour of the day or night, the applicable noise limitations above may be exceeded for any receiving property by no more than: a. 5 dB(A) for a total of 15 minutes in any one-hour period; b. 10 dB(A) for a total of 5 minutes in any one-hour period; or c. 15dB(A) for a total of 1.5 minutes in any one-hour period. 3. The following also exceeds the maximum permissible sound levels: a. In all districts of the City, no sound from a sound -producing source is permitted that is: 1) plainly audible from a motor vehicle sound system at a distance of at least 50 feet from the vehicle itself; or 2) plainly audible commercial music at a distance of at least 50 feet from the property line of the commercial establishment; or 3) plainly audible during nighttime hours from within a noise -sensitive unit of the receiving property; and b. When the receiving property is in a residential district, no sound from a sound - producing source is permitted that is plainly audible at a distance of at least 50 feet from the W \ Word Processing\ Ordinances\Noise (revised final draft ord for COW 6 28).docx DM.ksn 06/29/2010 Page 4 of 9 • • exterior of a sound -producing source, including sounds created by any motor vehicle operated off public highways. Section 7. Regulations Amended. TMC Section 8.22.060 shall read as follows: 8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to permit any person to operate any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows: 8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative or cause to be removed or rendered inoperative (other than for purposes of maintenance, repair or replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the public highway. Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows: 8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehicle in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows: 8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050. Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows: 8.22.100 Sounds Exempt at all Times. A. The following sound -producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft in flight and sounds that originate at airports that are directly related to flight operations. 2. Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device. 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane. 4. Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property. 5. Warning devices not operated continuously for more than five minutes per incident. 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7. Natural phenomena. 8. City -sanctioned parades, sporting events and other City -sanctioned public events. 9. Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi -family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. 10. Sounds created by existing or new electrical substations and existing or new stationary equipment used in the conveyance of water, waste water and natural gas by a utility are exempt from the nighttime reduction of TMC Section 8.22.050(B) only. W \ Word Processing \ Ordinances \ Noise (revised final draft ord for COW 6 28) docx DM.ksn 06/29/2010 Page 5 of 9 • • B. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.05. Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows: 8.22.110 Sounds Exempt During Daytime Hours. A. The following sound -producing sources are exempt from the provisions of this chapter during daytime hours: 1. Aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible. 2. Bells, chimes or carillons operating for not more than five minutes in any one hour. 3. Sounds created by construction or the movement of construction -related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites. 4. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters. 5. Sounds created by the installation or repair of essential utility services. 6. Sounds created by equipment used for public highway maintenance and construction. 7. The testing of emergency back-up generators or other emergency equipment. B. Sounds originating from the discharge of firearms on shooting ranges authorized under State and local law are exempt from the provisions of this chapter between 7AM and 9PM, Monday through Friday and 8AM and 6PM, Saturday, Sunday and State -recognized holidays. C. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.04. Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows: 8.22.120 Variances. A. Any person who owns or operates a sound -producing source may apply for a variance. B. Application types are based on the number of days/nights the sound source will exceed the maximum permissible sound levels as shown in the following table: Number of days/nights maximum permissible sound level may be exceeded within a 12 -month period Variance Permit Type Notice of Application Requirements Public Hearing Requirements 30 days or less Type 1 Administrative Variance No notice (2.3) No Hearing 31-60 days Type 2 Administrative Variance Mailed notice (1,2) No Hearing More than 60 days Type 3 Variance Mailed notice (1.2) Public Hearing (1) Mailed notice shall be provided per TMC Section 18.104.120 excepting that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual type or intensity of noise or length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, and/or notice posted at the site. (3) In the case of residential parties and prior to granting the variance, the applicant shall provide written notice to all residents within 500 feet of where the event is being held. When the 500 foot radius includes multi -family complexes, all residents of the complex shall be notified. W \ Word Processing \ Ordinances \ Noise (revised final draft ord for COW 6 28).docx DM.ksn 06/29/2010 Page 6 of 9 • • C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code. D. Applications for a variance to exceed the maximum permissible sound levels shall supply information, including but not limited to: 1. The nature, source, intensity and location of the sound; 2. The hours during the day and/or night the noise will occur; 3. The number of days and/or nights the noise will occur; 4. The ambient sound level during the time of day or night for which the variance is being sought; 5. The time period for which the variance is requested; 6. The reason for which the noise violation cannot be avoided; 7. Mitigating conditions the applicant will implement to minimize the sound level violations; 8. The name, address and means of contacting a responsible party during the hours of operation for which the variance is requested; and 9. Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. E. No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist: 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district; 3. The authorization of such variance does not endanger public health or safety of named persons m the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010. F. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 1. Specific dates and times for which the variance is valid; 2. Additional mitigation measures or public notice requirements as determined by the administrator. 3. If the notice of application is for a sound generating event that does not start within thirty days of the notice, the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi -family complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the project. An affidavit of distribution shall be provided to the City. G. In establishing conditions on granting a variance, the administrator shall consider: 1. Whether the public health, safety or welfare is impacted; 2. The social and economic value of the activity for which the variance is sought; 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5. Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. H. The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is: 1. Violation of one or more conditions of the variance permit; W \ Word Processing\Ordinances\Noise (revised final draft ord for COW 628) docx DM.ksn 06/29/2010 Page 7 of 9 • • 2. Material misrepresentation of fact in the variance application; or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance. Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows: 8.22.130 Extension. A. Variances granted pursuant to this chapter may be extended on terms and conditions applicable to the initial granting of the variance. B. If granted for a shorter timeframe than otherwise allowed under the permit type, the holder of a variance permit may request one or more extensions. C. Prior to granting an extension, the administrator shall consider any comment or lack of comment received during the initial variance period. D. The administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating there are no practical means known or available for the adequate abatement or control of the noise involved. E. Any request for an extension shall be submitted in writing and received by the administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days prior to the expiration of a Type 3 variance. F. A request for an extension does not require re -noticing or a public hearing, but may be required by the administrator. Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows: 8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the variance application is filed with the City. The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows: 8.22.150 Violation - Penalty. A. Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8.45.050. The monetary penalties are set forth below: 1. First civil penalty, $250.00. 2. Second civil penalty, $500.00. 3. Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment. 4. At such time that two civil penalties have been assessed within a one-year period, City -issued permits and/or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. 5. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. B. The administrator may waive or reduce monetary penalties if findings are made demonstrating that the noise violation has been remedied. C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings, commercial establishments, and or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred or imposed under this chapter. D. The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law. Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows: 8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any Liability on the part of the City, its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction W \ Word Processing\Ordinances\Noise (revised final draft ord for COW 6 28).docx DM.ksn 06/29/2010 Page 8 of 9 on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 18. Repealer. Ordinance No. 2002 is hereby repealed. Section 19. 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 20. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City within five days of passage as provided by law. This ordinance shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 10 day of �i t l y , 2010. ATTEST/ AUTHENTICATED: Christy O'FMherty, CMC, Ci Clerk aggertf ayor Filed with the City Clerk: 6 -/O Passed by the City Council: -/ 7� Published: !, - j ) -/ Effective Date: p Ordinance Number: o1a-(1j W \ Word Processing \ Ordinances \ Noise (revised final draft ord for COW 6 28).docx DM.ksn 06/29/2010 Page 9 of 9 • • SUMMARY OF Ordinance No. 2293 City of Tukwila, Washington On July 6, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2293, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on July 6, 2010. Christy O'Flahe , CMC, City Clerk c Published Seattle Times: July 12, 2010 City of Tukwila Noise Ordinance Review Map Legend ® mmenu„ Reeldeniel Uses In NenAalOeigFed 7 lees1bry -NUH n»Reddened, ,e Reddened lees In ReNe OonOg Zones I^ I Reddened Lesli I r1 Cordnordel Meld CITY OF TUKWILA NOTICE OF APPLICATION PROJECT INFORMATION Courtney Thompson for the City of Tukwila has filed application for a SEPA DNS related to the development of a new Citywide Noise Ordinance. Permits applied for include: E10-004 Other known required permits include: L10-008 - Code Amendment Noise Ordinance An environmental checklist has been submitted with the draft ordinance identified above. FILES AVAILABLE FOR PUBLIC REVIEW The project files are available at the City of Tukwila. To view the files, you may request them at the counter at the Department of Community Development (DCD), located at 6300 Southcenter Boulevard #100. OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5:00 P.M., March 8th, 2010; 14 days from date of Notice of Application. Tukwila has reviewed the project for probable adverse environmental impacts and expects to issue a determination of non -significance (DNS). The optional DNS process in WAC 197-11-35 is being used. There will be a single integrated comment period for the environmental review so this may be your only opportunity to comment on the environmental impacts of the project. If timely comments do not identify probable significant adverse impacts that were not considered by the anticipated determination the DNS will be issued without a second comment period. Opportunity for additional oral and written public comments will be provided at a public hearing before the Committee of the Whole, tentatively scheduled for March 22, 2010. To confirm this date call the Department of Community Development at (206) 431-3670. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431-3670. For further information on this proposal, contact Stacy MacGregor at (206) 431-3670 or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: 2/11/2010 Notice of Completeness Issued: 2/18/2010 Notice of Application Issued: 2/22/2010 at* of J duuiea Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: Project Name: SSEPA Noise Ordinance Project Number: E10-004 (L10-008) Notice of Public Hearing Mailer's signature: ,71 ZrYii X 1 a/// ..0 Determination of Non -Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this day of Feb in the year 2010 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: SSEPA Noise Ordinance Project Number: E10-004 (L10-008) Mailing requested by: Stacy MacGregor Mailer's signature: ,71 ZrYii X 1 a/// ..0 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC AGENCY LABELS ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( ) US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife ( ) Dept of Social & Health Services ( ept of Ecology NW Regional Office, Shoreland Division Dept of Ecology, SEPA ( ) Office of Attorney General ( ) Office of Hearing Examiner ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) KC Dept of Parks & Recreation ( ) KC Assessor's Office Section 3 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Enviro Services-SEPA Info Center ( ) KC Metro Transit Div-SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque ( ) Tukwila School District ( ) Tukwila Library ( ) Renton Library ( ) Kent Library ( ) Seattle Library Section 4 SCHOOLS/LIBRARIES ( ) Foster Library ( ) KC Public Library System ( ) Highline School District ( ) Seattle School District ( ) Renton School District ( ) Westfield Mall Library ( ) QWEST Communications ( ) Seattle City Light ( ) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev/Water Dept ( ) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline ( ) Val-Vue Sewer District ( ) Water District # 20 ( ) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr-Lakeridge Sewer/Water Dist ( ) Seattle Public Utilities ( ) Allied Waste Services ( ) Tukwila City Departments ( ) Public Works ( ) Fire ( ) Police ( ) Finance ( ) Planning ( ) Building ( ) Parks & Rec ( ) Mayor ( ) City Clerk Section 6 CITY AGENCIES MKent Planning Dept Renton Planning Dept ity of SeaTac City of Burien ity of Seattle ) Strategic Planning *Notice of all Seattle Related Projects ( ) Puget Sound Regional Council ( ) SW KC Chamber of Commerce ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * Section 7 OTHER LOCAL AGENCIES ( ) Puget Sound Clean Air Agency ( ) Sound Transit/SEPA ( ) Duwamish River Clean Up Coalition * ( ) Washington Environmental Council ( ) People for Puget Sound * ( ) Futurewise * send notice of all applications on Green/Duwamish River ( ) Seattle Times ( ) South County Journal Section 8 MEDIA P:Admin\Admin Forms\Agency Checklist ighline Times .11111111.1 e n1`d� , ,� 1 v" M 13 •1 L-) D o C' (PD 40Y D A I'3) —q 7( February 18, 2010 City of Tukwila Department of Community Development NOTICE OF COMPLETE APPLICATION Courtney Thompson City of Tukwila Department of Community Development 6300 Southcenter Blvd Tukwila, WA 98188 Subject: SEPA Determination for Noise Ordinance; E10-004 Dear Ms. Thompson: Iin7 Haggerton, Mayor Jack Pace, Director The Department of Community Development received you applications for a SEPA determination for the City of Tukwila's new Noise Ordinance. You applications are considered complete as of February 18, 2010 for the purposes of meeting state mandated time requirements. As the next step, the City will coordinate the required public notice for your project. For City-wide projects, notice will be provided through the Seattle Times and the City's website. The notice will be published on Monday, February 22, 2010. At that point, the comment period will start. The City can review your application but can not issue any decisions until the comment period has expired. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. If you have any questions please call (206) 431-3684 or send an email to smacgregor a,ci.tukwila.wa.us. Sincerely, Stacy MacGregor Assistant Planner cc. File (L09-047, E09-015) SM H:\Noise\E10-004\SEPA NOC.doc Page 1 of 1 02/18/2010 6300 Sautheenter Boulevard.. Strife 4100 • Tukwila, Washington 98188 • Phone 206- 431-3670 • Fax: 206-431-3665 ENVIRONMENTAL CHECKLIST Please respond to all questions. Use separate sheets as necessary. Applicant Responses: A. BACKGROUND 1. Name of proposed project, if applicable: Repeal and re-establish Tukwila Municipal Code Chapter 8.22 (Noise) and establish Chapter titled Public Disturbance Noises. Agency Comment 2. Name of Applicant: City of Tukwila DCD 3. Date checklist prepared: February 11, 2010 4. Agency requesting checklist: City of Tukwila 5. Proposed timing or schedule (including phasing, if applicable): Planning Commission and City Council to review February -April. Adoption to follow. 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No. 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. There is no site specific proposal and no applications are pending. Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments 9. List any government approvals or permits that will be needed for your proposal. The code changes are a non -project action that would affect enforcement of noise regulations rather than specific development proposals. There is no anticipated need for government approvals or permits. 10. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The proposal includes repealing and re-establishing Tukwila Municipal Code Chapter 8.22 (Noise) and establishing a new Chapter titled Pulic Disterbance Noises. The se chapters address measurement of sound, maximum permissible sound levels, and procedures for variances and violations. 11. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, the tax lot number, and section, township, and range. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The new Noise Ordinance would apply city-wide. 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? These changes would affect the entire City, and none would directly affect sensitive areas. Please respond to all questions. Use separate sheets as necessary. Applicant Responses: B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: These changes would affect the entire City. b. What is the steepest slope on the site (approximate percent slope)? These changes would affect the entire City. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. These changes would affect the entire City. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Non -project action. These changes would affect the entire City. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. Non -project action. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Non -project action. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Non -project action. g. Agency Comments h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Non -project action. 2. Air a. What types of emissions to the air would result from the proposal (for example, dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Non -project action. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Non -project action. c. Proposed measures to reduce or control emissions or other impacts to air, if any: These changes would affect the entire City. 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. These changes would affect the entire City. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Non -project action. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Non -project action. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. Non -project action. 5. Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. These changes would affect the entire City. Non -project action. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. Non -project action. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities, if known. Non -project action. 2. Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve: Non -project action. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow? Will this water flow into other waters? If so, describe. Non -project action. 2. Could waste materials enter ground or surface waters? If so, generally describe. Non -project action. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Non -project action. 4. Plants a. Check or circle types of vegetation found on the site: b. What kind and amount of vegetation will be removed or altered? Deciduous tree: alder, maple, aspen, other Evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? Non -project action. c. List threatened or endangered species known to be on or near the site. Non -project action. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Non -project action. 5. Animals a. Circle any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: Hawk, heron, eagle, songbirds, other: Mammals Deer, bear, elk, beaver, other: Fish Bass, salmon, trout, herring, shellfish, other: Other b. List any threatened or endangered species known to be on or near the site. Non -project action. c. Is the site part of a migration route? If so, explain. Non -project action. d. Proposed measures to preserve or enhance wildlife, if any: Non -project action. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Non -project action. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Non -project action. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Non -project action. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Non -project action. 1. Describe special emergency services that might be required. None. 2. Proposed measures to reduce or control environmental health hazards, if any: It is the intent of the new noise ordinances to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise. b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? The proposed noise ordinance changes will pertain to all noises in the city. 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. The proposed amendments will not create noise, but rather will imapct the ways in which noise is measured and controlled. 3. Proposed measures to reduce or control noise impacts, if any: Since this is a non -project action intended to reduce excessive noise there will not be detrimental noise impacts. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Non -project action. b. Has the site been used for agriculture? If so, describe. Non -project action. c. Describe any structures on the site. Non -project action. d. Will any structures be demolished? If so, what? Non -project action. e. What is the current zoning classification of the site? Non -project action. f. What is the current comprehensive plan designation of the site? The proposed changes would affect the entire City. g. If applicable, what is the current shoreline master program designation of the site? Non -project action. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. These changes would affect the entire City. i. Approximately how many people would reside or work in the completed project? Non -project action. j. Approximately how many people would the completed project displace? None. k. Proposed measures to avoid or reduce displacement impacts, if any: None. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The amendments to the Maximum Permissible Sound Levels differentiate allowable sound levels by district to ensure the proposal is compatible with existing land uses and plans. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? Non -project action, no units would be built. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. Non -project action. c. Proposed measures to reduce or control housing impacts, if any: The amendments area non -project action that would affect land use procedures rather than specific development proposals. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Non -project action. b. What views in the immediate vicinity would be altered or obstructed? Non -project action. c. Proposed measures to reduce or control aesthetic impacts, if any: Non -project action. 11. Light and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Non -project action. b. Could light or glare from the finished project be a safety hazard or interfere with views? Non -project action. c. What existing off-site sources of light or glare may affect your proposal? Non -project action. d. Proposed measures to reduce or control light and glare impacts, if any: None.. 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? Non -project action. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, National, State, or Local preservation registers known to be on or next to the site? If so, generally describe. These changes would affect the entire City. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. These changes would affect the entire City. c. Proposed measures to reduce or control impacts, if any: None. This is not a project specific development proposal instead it is non -project action. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. These changes would affect the entire City. b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? These changes would affect the entire City. c. How many parking spaces would the completed project have? How many would the project eliminate? Non -project action. No changes are proposed to parking standards. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). The amendments are a non -project action that would affect land use procedures. e. Will the project use (or occur in the immediate vicinity 00 water, rail, or air transportation? If so, generally describe. These changes would affect the entire City. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. Non -project action. g. Proposed measures to reduce or control transportation impacts, if any: No impacts expected. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. While the proposal will affect the ways in which police monitor excessive noise there is not an anticipated need for increase police protection. b. Proposed measures to reduce or control direct impacts on public services, if any. None. 16. Utilities a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system other: These changes would affect the entire City. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Non -project action. C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: Z-11-2Oio (NON -PROJECT PROPOSALS (E.G., SUBURBAN PLANS AND ZONING CODE TEXT CHANGES) MUST COMPLETE THE FOLLOWING PAGES). Please respond to all questions. Use separate sheets as necessary. Applicant Responses: Agency Comments D. SUPPLEMENTAL SHEET FOR NON -PROJECT PROPOSALS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposals be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? These changes are procedural in nature and would not affect or increase discharge to water; emissions to air, production, or storage or release of toxic or hazardous substances. These proposed noise ordinances are intended to reduce the production of excessive noise. Proposed measures to avoid or reduce such increases are: N/A 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No changes to Tukwila's environmental regulations are proposed. While monitoring and reduction of excessive noise is intended to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise it may also benefit animals, fish, or marine life. Proposed measures to protect or conserve plants, animals, fish, or marine life are: N/A 3. How would the proposal be likely to deplete energy or natural resources? The proposed code amendments would unlikely affect the consumption of natural resources. Proposed measures to protect or conserve energy and natural resources are: N/A 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed code amendments would not change the substantive requirements for mitigation or preservation in sensitive areas. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? All proposed code amendments are consistent with the City's Comprehensive Plan and no proposed changes would affect the City's shorelines. Proposed measures to avoid or reduce shoreline and land use impacts are: N/A 6. How would the proposal be likely to increase demands on transportation or public service and utilities? No transportation or utility impacts are aniticipated as a result of the proposed code amendments. Proposed measures to reduce or respond to such demand(s) are: N/A 7. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of the environment. No such conflicts are anticipated. • 1-6) - 1. 0 ,-i Tu : _ ,= Ha City Council Agenda �, ILa" ot 4 r 3, ,:p3,-- , 1:908- ®®® COMMI EE OF OL + Jim Haggerton, Mayor Councilmembers: :• Joe Dude •:• Joan Hernandez Steve Lancaster, City Administrator •:• Allan Ekberg •:• Verna Seal Dennis Robertson, t ❖ Kathy Hougardy ❖ De'Sean Quinn Monday, June ,jt ,, i9 2 le} 28, 2010, 7:00 PM COMMUNITY t3NiTY Tukwila City Hall Council Chambers DEVELOPMENT ENT 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT At (please listed this time, you are invited to comment on items not included on this agenda limit your comments to five minutes per citizen). To comment on an item on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC HEARINGS Sign Code update ordinance. Pg.1 4. SPECIAL ISSUES a. Two resolutions for surplus fire equipment. Pg.45 b. Sign Code update ordinance (Please bring your binders). Pg.1 c. Comprehensive Plan amendments (public meeting format). Pg.55 d. Noise regulations: Pg.115 (1) An ordinance updating regulations relating to noise as codified at Tukwila Pg.119 Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement, and repealing Ordinance No. 2002. (2) An ordinance amending the Zoning Code to reflect changes bpsed on new Pg.129 noise regulations. e. Review planned revenue enhancements: Revenue Generating Regulatory License Pg.143 (RGRL), utility tax and business licenses, as well as potential "voter approved" revenue enhancements. 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800/TDD 206-248-2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. tOZINCIL A GENA SYNOPSIS -Initials -------------------- Meeting Date Prepared by May ' view review 04/26/10 KAS CATEGORY /1 Discussion Ounci 05/03/10 KAS 4, Ordinance ❑ Bid Award Mtg Date 06/28/10 SM / E Le 07/06/10 SM SPONSOR'S A Public Hearing on an ordinance updating regulations related to noise was conducted on SUMMARY 4/26/10. The Council is being asked to consider and forward to Full Council for adoption a revised draft ordinance updating regulations related to noise and an ordinance amending the Zoning Code to reflect changes based on new noise regulations. REVIEWED BY ❑ COW Mtg. ❑ Utilities DA 1E: 04/12/10 INFO'RMATI.ON ITEM No. :"D CAS NUMBER: 10 — D Li 6 ORIGINAL AGENDA DATE: APRIL 26, 2010 AGENDA ITEM TITLE An Ordinance to update the Noise Code. CATEGORY /1 Discussion 06/28/10 ❑ Motion Mtg Date ❑ Resolution Mtg Date 4, Ordinance ❑ Bid Award Mtg Date -1 Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 7/06/10 Mtg Date 04/26/10 SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs 0 DCD ❑ Finance ❑ Fire ❑ Legal ❑ P&R I Police ❑ PIV SPONSOR'S A Public Hearing on an ordinance updating regulations related to noise was conducted on SUMMARY 4/26/10. The Council is being asked to consider and forward to Full Council for adoption a revised draft ordinance updating regulations related to noise and an ordinance amending the Zoning Code to reflect changes based on new noise regulations. REVIEWED BY ❑ COW Mtg. ❑ Utilities DA 1E: 04/12/10 CA&P Cmte ❑ F&S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. Cmte ❑ Arts Comm. & 06/14/10 RECOMMENDATIONS: SPONSOR/ADMIN. COMMIT Department of Community Development & Police Department to Committee of the Whole for discussion IEE Forward g, t:• Wit. .,. i C 0 .14 ?FACT /, EUN1D SFOU,RCE: EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG, DATE° , i`{,'; ': RECORD OF COUNCIL ACTION :I. :. , 04/26/10 Public Hearing; Recommended to Full Council for adoption 05/03/10 Recommend return to CAP w/map & options to address citizen's concerns MTG. DATE ,' 1 , oiTTACHMENTS ; . 06/28/10 Informational Memorandum dated 6/28/10 Ordinance updating Noise Regulations in draft form Ordinance amending the Zoning Code in draft form Informational Memorandum with attachments from CAP dated 6/14/10 Minutes from the Community Affairs and Parks Committee meeting of 06/14/10 TO: • • City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: David Haynes, Chief of Police Jack Pace, Director of Department of Community Development DATE: June 28, 2010 (Revised after June 14, 2010 Community Affairs and Parks Committee Meeting) SUBJECT: Draft Noise Ordinance ISSUE Should the City's Noise Code be updated? BACKGROUND The City Council reviewed the proposed Noise Code on May 3, 2010 and asked the Community Affairs and Parks Committee (CAP) to review it again. The Council also asked staff to provide a map of residential uses in non- residential zones and to address nighttime noise incompatibilities between commercial, industrial and residential uses. At the CAP meeting on June 14, 2010, committee members reviewed the map and staffs recommended changes addressing incompatibility issues. Also, testimony was received from Vanessa Zaputil and Mike Hansen. Ms. Zaputil explained that commercial construction and maintenance noises are and will continue to be disruptive at night at her residence located in a commercial zone and she would like to be notified if any events are planned that will generate noise; Mr. Hansen of Sabey Corporation expressed concerns about prohibiting nighttime property maintenance and allowing emergency maintenance. Staff recommended at CAP to add a noticing provision at the onset of a noise -generating event and to eliminate the nighttime exemption for property maintenance. Staff spoke further with neighboring jurisdictions, Ms. Zaputil and Mr. Hansen and recommends the following language changes to the proposed ordinance: 1. For all highway projects and for all noise variances, require noticing at the onset of the noise event. 2. Include weather-related property maintenance as an emergency exemption. 3. Require a variance for property maintenance and property construction at night in all zones. DISCUSSION The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. Following the Council and Committee meetings on the noise ordinance, staff recommends language changes to the proposed ordinance to balance concerns raised by the residential and commercial community. 1. As a condition of any variance and for any nighttime highway maintenance noise, require noticing at the onset of the actual noise -generating event. Noticing for variance requests is to alert residents of the request but may not provide timely notice when the actual construction occurs. Staff has amended the proposed ordinance to require noticing at the onset of a noise event as a condition of any variances and for all highway construction, even when a variance is not required. This language change will provide timely notice of noise events to all residents, preserves the variance requirements and exemptions, and cuts some expense and staff time by not processing some variances that will likely always be granted. 117 INFORMATIONAL ME• Page 2 • Noticing would only occur for residential uses and can be provided by mail or by door -hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City -sponsored projects which will increase staff time and City expense. 2. Amend the definition of "Emergency Work" Staff has amended the proposed ordinance to include a revised definition for "emergency work". Changing the definition of "Emergency Work" will insure that property maintenance can occur at night in instances of weather calamites. 3. Not exempt construction and property maintenance during night time hours The new code proposed an exemption for nighttime property maintenance that does not exist in the current code and proposed removing the exemption for construction noises. Following the public hearing process, staff has amended the proposed ordinance to not exempt construction at night and revert to the current code daytime -only exemption of property maintenance. Construction is a known event and could be authorized and mitigated through the variance process. Property maintenance noise known to occur at night could be generated by a wide variety of actions such as sweeping and leaf blowing, maintaining Link light rail track, and commercial carpet shampooing, etc. These noises are exempt during daytime hours and could occur after 1 Opm with mitigation as part of an approved variance. While there is no complaint history with the Police department for nighttime construction or property maintenance, additional conversations with residents and neighboring jurisdictions indicates that maintenance and construction at night is a problem for residents. Allowing nighttime construction and property maintenance noise could potentially disturb 88 residential units and all future residential uses in non-residential zones. Nighttime construction and maintenance noises would become subject to the "plainly audible" standard of the new code and would be de facto exempt if not in the range of a noise sensitive unit. RECOMMENDATION The Council is being asked to approve the revised draft ordinance and consider this item at the July 6th, 2010 Regular Meeting. ATTACHMENTS • Revised Draft Noise Ordinance (underline/strikeout of version presented to CAP on April 12, 2010.) • June 14, 2010 CAP Informational Memorandum with Attachments 1 1 8 C:ltemp\XPGrpWise\Noise COW staff report (6-28-10).do -- ' • • DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, it is the policy of the City to minimize the exposure of its citizens to the physiological and psychological dangers of excessive noise, and to protect, promote and preserve the public health, safety and welfare; and WHEREAS, it is the express intent of the City Council to control the level of noise in a manner that promotes commerce; the use, value, and enjoyment of property; sleep and repose; and the quality of the environment; and WHEREAS, it is the express intent of the City Council that noise be prohibited when it exceeds certain levels or when it unreasonably disturbs the peace, comfort and repose of others; and WHEREAS, the problem of noise in the City has been investigated by the Director of Community Development and the Chief of Police, and based on these investigations the City Council, pursuant to the authority granted in Chapter 70.107 RCW, finds that special conditions exist within the City that make necessary any and all differences between this chapter and the regulations adopted by the Department of Ecology in Chapters 173-58,173-60 and 173-62 WAC, and that make necessary the provision for criminal as well as civil penalties for violation of this chapter; and WHEREAS, the City Council has determined that noise that travels more than 50 feet from its source disturbs the peace and repose of its citizens; and WHEREAS, it is demonstrated that enforcement of noise regulations is often difficult or impractical if a noise measuring device is required under every circumstance; and WHEREAS, the City Council held a public hearing on April 26, 2010 on this matter; and WHEREAS, upon adoption, this ordinance will be submitted to the Department of Ecology for review and approval, pursuant to RCW 70.107.060; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Regulations Amended. TMC Chapter 8.22 shall read as follows: Chapter 8.22 NOISE Sections: 8.22.010 Purpose 8.22.020 Definitions 8.22.030 General Powers of the Administrator 8.22.040 Measurement of Sound 8.22.050 Maximum Permissible Sound Levels 8.22.060 Muffler Requirements 8.22.070 Modification of Motor Vehicles 8.22.080 Tire Noise 8.22.090 Motor Vehicle Exemptions 8.22.100 Sounds Exempt at all Times 8.22.110 Sounds Exempt During Daytime Hours 8.22.120 Variances 8.22.130 Extension 8.22.140 Fees for Variances 8.22.150 Violation - Penalty 8.22.160 Liability W:\Word Processing\Ordinances\Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 1 of 9 119 Section 2. Regulations Amended. TMC Section 8.22.010 shall read as follows: 8.22.010 Purpose. It is the express purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Section 3. Regulations Amended. TMC Section 8.22.020 shall read as follows: 8.22.020 Definitions. As used in this chapter, the following terms shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context in which the term is used. Terms not defined herein shall be interpreted using the meaning they have in common usage and to give this chapter its most reasonable application. 1. 'Administrator" means the Director of Community Development, the Chief of Police, or their designee, including the Hearing Examiner. 2. "Affected tenant" means a business located within a required public notice area which conducts business or maintains open hours during the time period in which a noise variance is sought. For example, businesses closed during the night are not affected tenants when a nighttime noise variance is sought. "Affected tenants" refers to business tenants only and not residential tenants. • 3. "Audio equipment" means compact disc players, radios, stereo systems, televisions, video cassette recorders, mp3 players and other such devices. 4. "Commercial music" means music originating from or in connection with the operation of any commercial establishment or enterprise. 5: "Construction" means any site preparation, assembly, erection, demolition, substantial repair, alteration, or similar action for or of public or private rights-of-way, structures, utilities or similar property. • 6. "Daytime" means 7AM-10PM, Monday through Friday and 8AM-1OPM, Saturday, Sunday and State -recognized holidays. 7. "dB(A)" means the sound level measured in decibels, using the A -weighting network. 8. "District" or "noise control district" means the land use zones to which the provisions of this chapter are applied. For the purposes of this chapter: a. "Residential district" includes zones designated as LDR, MDR and HDR; b. "Commercial district" includes zones designated as MUO, 0, RCC, NCC, RC, RCM, TUC, C/LI and TVS; and c. "Industrial district" includes zones designated as LI, HI, MIC/L and MIC/H. 9. "Emergency work" means work required to restore property to a safe condition following a public calamity, or work required to protect persons or property from an imminent exposure to danger, or work required to restore property to a safe operating condition following a weather event, or work by private or public utilities for restoring immediately necessary utility service. 10. "Equipment" means any stationary or portable device or any part thereof capable of generating sound. 11. 'Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except that farm equipment and vehicles powered by engines of less than five horsepower shall not be included. 12. "Motor vehicle" means any vehicle that is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft and vehicles used exclusively on stationary rails or tracks are not "motor vehicles" as the term is used herein.) 13. `Motor vehicle sound systems" means audio equipment installed or used in a motor vehicle. 14. "Muffler" means a device consisting of a series of chambers or other mechanical designs for the purpose of receiving exhaust gas from an internal combustion engine and designed to reduce the sound resulting therefrom. W:\Word Processing \ Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 120 Page 2 of 9 • 15. "Nighttime" means 1OPM-7AM, Monday through Friday and 10PM-8AM, Saturday, Sunday and State -recognized holidays. 16. "Noise" means the intensity, duration and character of sounds from any and all sources. 17. "Noise sensitive unit" means real property used as a residence, school, church, hospital or public library. Property located in an industrial or commercial zone is not a noise sensitive unit unless it meets the above criteria. 18. "Person" means any individual, firm, association, partnership, corporation or any other entity, public or private. 19. 'Plainly audible" means sound made by a sound -producing source that can be heard by a person using their unaided hearing faculties. Plainly audible sound includes any component of sound, including but not limited to, rhythmic bass or comprehensible musical rhythms. It is not necessary for such person to be able to determine the title, specific words or artist of music or the content of any speech for the sound to be considered "plainly audible." 20. "Public highway" means the entire width between the boundary lines of every way publicly maintained by the Washington State Department of Transportation (WSDOT) or any county or city, when any part thereof is generally for the use of the public for purposes of vehicular travel or a matter of right. 21. "Real property" means an interest or aggregate of rights in land that is guaranteed and protected by law; for purposes of this chapter, the term "real property" includes a leasehold interest. 22. "Receiving property" means real property within which the maximum permissible sound levels specified herein shall not be exceeded from sources outside such property. Individual offices or dwelling units within a building may constitute a receiving property. 23. "Residence" means a building regularly or intermittently occupied by a person for dwelling, lodging or sleeping purposes. 24. "Residential party" means a social gathering held in a place of residence. 25. "Sound level" means the weighted sound pressure level measured by the use of a metering characteristic and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. 26. "Sound level meter" means a sound level measuring device, either Type I or Type II, as defined by American National Standards Institute Specifications, ANSI S1.4-1983. 27. "Sound -producing source" means anything that is capable of making sound. Sound - producing source includes, but is not limited to, the following: a. air conditioning or heating units, heat pumps, refrigeration units (including those mounted on vehicles) and swimming pool or hot tub pumps; b. air horns, bells or sirens; c. audio equipment; d. domestic tools, including chain saws, electric drills, electric saws, hammers, lawn mowers, leaf/snow blowers, and similar tools and devices; e. loudspeakers or public address systems; f. musical instruments; g. human voice; h. animal sounds; i. mechanical or electrical noise; j. vehicle engines or exhaust systems, other than regular traffic upon a highway, road or street; k. residential party; 1. motor vehicle sound systems; or m. commercial music W:\ Word Processing \ Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 3 of 9 121 28. "Warning device" means any device intended to provide public warning of potentially hazardous, emergency or illegal activities, including, but not limited to, a burglar alarm or vehicle backup signal, but not including any fire alarm. Section 4. Regulations Amended. TMC Section 8.22.030 shall read as follows: 8.22.030 General Powers of the Administrator. A. Subject to the provisions of this code, the administrator may take such action as may be necessary to abate a sound -producing source that causes or may cause, by itself or in combination with any other sound -producing source or sources, an unreasonable or prohibited noise. The administrator may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this chapter. B. The administrator may promulgate such rules as are necessary to effectuate the purposes of this chapter, including but not limited to, rules setting forth specifications for the operation, installation, best available technology, or manufacture of sound generating equipment or devices or sound mitigation equipment or devices. C. The administrator may promulgate such rules as are necessary with regard to standards and procedures to be followed in the measurement of sound pressure levels governed by the provisions of this chapter. D. The administrator shall have the power to issue notices of violation for violations of this chapter. Section 5. Regulations Amended. TMC Section 8.22.040 shall read as follows: 8.22.040 Measurement of Sound. A. The use of a sound level meter is not required to verify a noise violation. B. If the measurement of sound is made with a sound level meter, it shall be an instrument in good operating condition and shall meet the requirement for a Type I or Type II instrument, as described in American National Standards Institute Specifications, ANSI S1.4-1983. If the measurements are made with other instruments or assemblages of instruments, the procedure must be carried out in such a manner that the overall accuracy shall be at least that called for in ANSI S1.4-1983 for Type II instruments. Section 6. Regulations Amended. TMC Section 8.22.050 shall read as follows: 8.22.050 Maximum Permissible Sound Levels. It is a violation to produce sound in excess of the permissible sound levels established by this chapter. 1. No person may produce or permit to be produced sound that exceeds the following maximum permissible sound levels when measured at or within the boundary of a receiving property: District of Sound Producing Source District Receiving of Property Residential, Daytime Residential, Nighttime Commercial Industrial Residential 55 dB(A) 45 dB(A) 57 dB(A) 60 dB(A) Commercial 57 dB(A) 47 dB(A) 60 dB(A) 65 dB(A) Industrial 60 dB(A) 50 dB(A) 65 dB(A) 70 dB(A) 2. At any hour of the day or night, the applicable noise limitations above may be exceeded for any receiving property by no more than: a. 5 dB(A) for a total of 15 minutes in any one-hour period; b. 10 dB(A) for a total of 5 minutes in any one-hour period; or c. 15dB(A) for a total of 1.5 minutes in any one-hour period. 3. The following also exceeds the maximum permissible sound levels: a. In all districts of the City, no sound from a sound -producing source is permitted that is: 1) plainly audible from a motor vehicle sound system at a distance of at least 50 feet from the vehicle itself; or W:\ Word Processing\Ordinances\Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 122 Page 4 of 9 • • 2) plainly audible commercial music at a distance of at least 50 feet from the property line of the commercial establishment; or 3) plainly audible during nighttime hours from within a noise -sensitive unit of the receiving property; and b. When the receiving property is in a residential district, no sound from a sound - producing source is permitted that is plainly audible at a distance of at least 50 feet from the exterior of a sound -producing source, including sounds created by any motor vehicle operated off public highways. Section 7. Regulations Amended. TMC Section 8.22.060 shall read as follows: 8.22.060 Muffler Requirements. It is unlawful for any person to operate or for any owner to permit any person to operate any motor vehicle upon the public highways that is not equipped with a muffler in good working order and in constant operation. Section 8. Regulations Amended. TMC Section 8.22.070 shall read as follows: 8.22.070 Modification of Motor Vehicles. It is unlawful for any person to operate a vehicle that has been modified or changed in any way or has had installed any device thereon in any manner that permits sound to be emitted by the motor vehicle in excess of the limits prescribed by this chapter. It is unlawful for any person to remove or render inoperative or cause to be. removed or rendered inoperative (other than for purposes of maintenance, repair or replacement) any muffler or sound dissipative device on a motor vehicle that is operated on the public highway. Section 9. Regulations Amended. TMC Section 8.22.080 shall read as follows: 8.22.080 Tire Noise. It is unlawful for any person to operate a motor vehide in such a manner as to cause or allow to be emitted squealing, screeching or other such sound from the tires in contact with the ground because of rapid acceleration or excessive speed around corners or other such reason; provided, that sound resulting from emergency braking to avoid imminent danger shall be exempt from this section. Section 10. Regulations Amended. TMC Section 8.22.090 shall read as follows: 8.22.090 Motor Vehicle Exemptions. Sounds created by motor vehicles operated on public highways are subject to the provisions of TMC Sections 8.22.060 through 8.22.080 and are exempt from TMC Section 8.22.050. However, sounds created by motor vehicles operated off public highways and motor vehicle audio systems operated anywhere are subject to the provisions of TMC Section 8.22.050. Section 11. Regulations Amended. TMC Section 8.22.100 shall read as follows: 8.22.100 Sounds Exempt at all Times. A. The following sound -producing sources are exempt from the provisions of this chapter at all times: 1. Aircraft in flight and sounds that originate at airports that are directly related to flight operations. 2. Safety and protective devices, such as relief valves and fire alarms, where noise suppression would defeat the intent of the device. 3. Systems used to warn the community of an imminent public danger or attack, such as flooding, explosion or hurricane. 4. Emergency equipment activated in the interest of law enforcement, activated to perform emergency work as defined in TMC Section 8.22.020, or activated in response to a power outage where it is necessary to activate such equipment to preserve the health and safety of persons or to prevent harm to property. 5. Warning devices not operated continuously for more than five minutes per incident. 6. The operation of equipment or facilities of surface carriers engaged in commerce by railroad. 7. Natural phenomena. 8. City -sanctioned parades, sporting events and other City -sanctioned public events. or the movement of construction related materials, ineluding-but not lindt, a to, ..triking or cutting sounds from hamrncr., saws er equipment with W:\Word Processing \ Ordinances \Noise (revised final draft ord for COW 6 26).docx DM:ksn 06/22/2010 Page 5 of 9 123 electrical or internal combu.,tion engines emanating from temporary construction site, provided the receiving property L located in a commercial or industrial district of thc City. 10. Sounds created by hand or p lawnnnowcrs, powered hand tools, snow removal equipment, and com receiving property is to al or industrial district of thc City. 149. Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi -family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. 1210. Sounds created by existing or new electrical substations and existing or new stationary equipment used in the conveyance of water, waste water and natural gas by a utility are exempt from the nighttime reduction of TMC Section 8.22.050(B) only. B. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.05. Section 12. Regulations Amended. TMC Section 8.22.110 shall read as follows: 8.22.110 Sounds Exempt During Daytime Hours. A. The following sound -producing sources are exempt from the provisions of this chapter during daytime hours: 1. Aircraft engine testing and maintenance not related to flight operations, provided that aircraft testing and maintenance shall be conducted at remote sites whenever possible. 2. Bells, chimes or carillons operating for not more than five minutes in any one hour. 3. Sounds created by construction or the movement of construction -related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites; erty is located in a residential district of the City. 4. Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, provided the receiving property is located in a residential district of the City. 5. Sounds created by the installation or repair of essential utility services. 6. Sounds created by equipment used for public highway maintenance and construction. 7. The testing of emergency back-up generators or other emergency equipment. B. Sounds originating from the discharge of firearms on shooting ranges authorized under State and local law are exempt from the provisions of this chapter between 7AM and 9PM, Monday through Friday and 8AM and 6PM, Saturday, Sunday and State -recognized holidays. C. Nothing in these exemptions is intended to preclude the administrator from requiring installation of the best available noise abatement technology consistent with economic feasibility. The establishment of such requirement shall be subject to the provisions of RCW 34.04. Section 13. Regulations Amended. TMC Section 8.22.120 shall read as follows: 8.22.120 Variances. A. Any person who owns or operates a sound -producing source may apply for a variance. B. Application types are based on the number Notice of Public of days/nights the sound Variance Application Hearing source will exceed the Permit Type Requirements Requirements maximum permissible sound levels as shown in the W:\ Word Processing \ Ordinances \Noise (revised final draft ord for COW 6 2S).docx DM:ksn 06/22/2010 124 Page 6 of 9 • following table: Number of days/nights maximum permissible sound level may be exceeded within a 12 -month period 30 days or less Type 1 Administrative Variance No notice C2,31 No Hearing 31-60 days Type 2 Administrative Variance Mailed notice (1,2) No Hearing More than 60 days Type 3 Variance Mailed notice 0•) Public Hearing (1) Mailed notice shall be provided per TMC Section 18.104.120 excepting that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual type or intensity of noise or length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, and/or notice posted at the site. (3) In the case of residential parties and prior to granting the variance, the applicant shall provide written notice to all residents within 500 feet of where the event is being held. When the 500 foot radius includes multi family complexes, all residents of the complex shall be notified. C. Variance types, procedures and appeals are pursuant to Title 18 of the Tukwila Municipal Code. D. Applications for a variance to exceed the maximum permissible sound levels shall supply information, including but not limited to: 1. The nature, source, intensity and location of the sound; 2. The hours during the day and/or night the noise will occur; 3. The number of days and/or nights the noise will occur; 4. The ambient sound level during the time of day or night for which the variance is being sought; 5. The time period for which the variance is requested; 6. The reason for which the noise violation cannot be avoided; 7. Mitigating conditions the applicant will implement to minimize the sound level violations; 8. The name, address and means of contacting a responsible party during the hours of operation for which the variance is requested; and 9. Any additional information or studies regarding any aspect of the requested variance that is deemed necessary to complete the review of the variance request. E. No variance in the provisions or requirements of this chapter shall be authorized by the administrator unless the administrator finds that all of the following facts and conditions exist: 1. There are exceptional or extraordinary circumstances or conditions applying to the appellant's property or as to the intended use thereof that do not apply generally to other properties in the same noise control district; 2. Such variance is necessary for the preservation and enjoyment of a substantial personal or property right of the appellant, such right being possessed by the owners of other properties in the same noise control district; 3. The authorization of such variance does not endanger public health or safety of named persons in the same or adjacent noise control districts; 4. The granting of such variance will not adversely affect the general policy and purpose of this act as set forth in TMC Section 8.22.010. F. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: W:\Word Processing\Ordinances\Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 Page 7 of 9 125 1. Specific dates and times for which the variance is valid; 2. Additional mitigation measures or public notice requirements as determined by the administrator. 3. If the notice of application is for a sound generating event that does not start within thirty days of the notice, the applicant shall provide written notice to all residents within 500 feet of the project including all residents of multi -family complexes. Written notice shall be provided between ten and thirty days of the onset of activity and shall enumerate the anticipated work schedule for the length of the project. An affidavit of distribution shall be provided to the City. G. In establishing conditions on granting a variance, the administrator shall consider: 1. Whether the public health, safety or welfare is impacted; 2. The social and economic value of the activity for which the variance is sought; 3. The ability of the applicant to apply best practical noise control measures; 4. Physical conditions that create a significant financial hardship in complying with the provisions of this chapter; and 5. Any comments received during public notice or public meeting, if provided, and comment or lack of comment received during similar noise generating events in the past. H. The variance permit may be revoked by the administrator and the issuance of future variance permits withheld, if there is: 1. Violation of one or more conditions of the variance permit; 2. Material misrepresentation of fact in the variance application; or 3. Material change in any of the circumstances relied upon by the administrator in granting the variance. Section 14. Regulations Amended. TMC Section 8.22.130 shall read as follows: 8.22.130 Extension. A. Variances granted pursuant to this chapter may be extended on terms and conditions applicable to the initial granting of the variance. B. If granted for a shorter timeframe than otherwise allowed under the permit type, the holder of a variance permit may request one or more extensions. C. Prior to granting an extension, the administrator shall consider any comment or lack of comment received during the initial variance period. D. The administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating there are no practical means known or available for the adequate abatement or control of the noise involved. E. Any request for an extension shall be submitted in writing and received by the administrator at least 15 days prior to expiration of a Type 1 or 2 variance and at least 30 days prior to the expiration of a Type 3 variance.. F. A request for an extension does not require re -noticing or a public hearing, but may be required by the administrator. Section 15. Regulations Amended. TMC Section 8.22.140 shall read as follows: 8.22.140 Fees for Variances. An application fee and charges shall be paid at the time the variance application is filed with the City. The fees and charges shall be per the Land Use Fee Schedule most recently adopted by the City Council. The LDR fcc in the Land Use Fcc Schedule applies when the entire district of sound Source and the entire district of all receiving properties is LDP.. In all other instances, thc "Other Zones" fec applies. Section 16. Regulations Amended. TMC Section 8.22.150 shall read as follows: 8.22.150 Violation - Penalty. A. Every person, entity, firm or corporation who is determined to be in violation of this chapter has committed a civil infraction and shall be subject to the provisions of TMC Section 8.45.050. The monetary penalties are set forth below: 1. First civil penalty, $250.00. 2. Second civil penalty, $500.00. W:\Word Processing\Ordinances\Noise (revised final draft ord for COW 6 28).docx DM:ksn 06/22/2010 126 Page 8 of 9 • 3. Third and subsequent violations shall be misdemeanors, the maximum penalty for which shall be 90 days in jail or a fine of $1,000.00 or both fine and imprisonment. 4. At such time that two civil penalties have been assessed within a one-year period, City -issued permits and/or licenses for the site or the site activity may be suspended or revoked until the condition is corrected. 5. Each day that a property or person is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter. B. The administrator may waive or reduce monetary penalties if findings are made demonstrating that the noise violation has been remedied. C. The owners, agents, contract buyers, tenants or lessees of all residential dwellings, commercial establishments, and or real estate upon which a violation of this chapter is found shall be jointly and severally responsible for compliance with this chapter and jointly and severally liable for any damages or costs incurred or imposed under this chapter. D. The penalties set forth in this chapter are not exclusive. The City may avail itself of any other remedies provided by law. Section 17. Regulations Amended. TMC Section 8.22.160 shall read as follows: 8.22.160 Liability. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, its officers, employees or agents for any injury or damage resulting from the failure of anyone to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. Section 18. Repealer. Ordinance No. 2002 is hereby repealed. Section 19. 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 20. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City within five days of passage as provided by law. This ordinance shall take effect and be in full force following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W:\ Word Processing \ Ordinances \Noise (revised final draft ord for COW 6 28).docx DM:Fsn 06/22/2010 Page 9 of 9 127 • • DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2119, 2135, 2235 AND 2251, AS CODIFIED AT TUKWILA MUNICIPAL CODE TITLE 18, "ZONING CODE," TO CLARIFY AND UPDATE THE ZONING CODE AND ITS PROVISIONS TO REFLECT CHANGES TO TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE'; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the noise code of the City of Tukwila establishes permit application types pursuant to the Zoning Code; and WHEREAS, the Zoning Code of the City of Tukwila lists permit application types and procedures and the City wishes to update these permit types to include noise variance applications; and WHEREAS, on April 26, 2010, the Tukwila City Council Committee of the Whole, following adequate public notice, held a public hearing to receive testimony concerning amending the noise code and adopted a motion recommending the proposed changes; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinances Amended. Ordinance Nos. 2119 §1, 2135 §19, 2235 §19 and 2251 (part), as codified at TMC Section 18.104.010, are amended to read as follows: 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made, and whether administrative appeals are provided. 1. Type 1 decisions are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. Type 1 Decisions TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise - 30 days or less (TMC 8.22.120) Community Development Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this Chapter As specified by ordinance Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Community Development Director Development Permit Building Official Minor modification to design review approval (TMC Section 18.60.030) Community Development Director Minor Modification to PRD (TMC Section 18.46.130) Community Development Director W:\ Word Processing \ Ordinances \Title 18 Zoning Code Noise.dcx KS:ksn 06/22/2010 Page 1 of 4 129 TYPE OF PERMIT DECISION MAKER Sign Permit, except for those sign permits specifically requiring approval of the Planning Commission, or denials of sign permits that are appealable Community Development Director Tree Permit (TMC Chapter 18.54) Community Development Director Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director 2. Type 2 decisions are decisions which are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 2 Decisions TYPE OF PERMTT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review (TMC Section 18.60.030) Community Development Director Board of Architectural Review Administrative Planned Residential Development (TMC Section 18.46.110) Short Plat Committee Hearing Examiner Administrative Variance for Noise - 31-60 days (TMC Section 8.22.120) Community Development Director Hearing Examiner Binding Site Improvement Plan (TMC Chapter 17.16) Short Plat Committee Hearing Examiner Cargo Container Placement (TMC Section 18.50.060) Community Development Director Hearing Examiner Code Interpretation (TMC Section 18.90.010) Community Development Director Hearing Examiner Exception from Single -Family Design Standard (TMC Section 18.50.050) Community Development Director Hearing Examiner Modification to Development Standards (TMC Section 18.41.100) Community Development Director Hearing Examiner Parking standard for use not specified (TMC Section 18.56.100) Community Development Director Hearing Examiner Sensitive Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Community Development Director Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shorelines Hearings Board Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner Sign Area Increase (TMC Section 19.32.140) Community Development Director Hearing Examiner Sign Permit Denial (TMC Chapter 19.12) Community Development Director Hearing Examiner Special Permission Parking, and Modifications to Certain Parking Standards (TMC Sections 18.56.065 and .070) Community Development Director Hearing Examiner Special Permission Sign, except "unique sign" (various sections of TMC Title 19) Community Development Director Hearing Examiner W:\Word Processing \ Ordinances \Tide 18 Zoning Code Noise.doc KS:ksn 06/22/2010 130 Page 2 of 4 TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director Hearing Examiner 3. Type 3 decisions are quasi judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 3 Decisions TYPE OF PERMIT DECISION MAKER APPEAL BODY Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Superior Court Resolve uncertain zone district boundary Hearing Examiner Superior Court Shoreline Conditional Use Permit (TMC Section 18.44.050) Planning Commission State Shorelines Hearings Board Subdivision - Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) Hearing Examiner Superior Court 4. Type 4 decisions are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. Type 4 Decisions TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Public Hearing Design Review (TMC Chapter 18.60) Board of Architectural Review Hearing Examiner Subdivision - Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Planning Commission Hearing Examiner Unique Signs (TMC Section 19.28.010) Planning Commission Hearing Examiner 5. Type 5 decisions are quasi-judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. W:\Word Processing\ Ordinances\ Title 18 Zoning Code Noise.doc KS:ksn 06/22/2010 Page 3 of 4 131 Type 5 Decisions TYPE OF PERMIT DECISION MAKER APPEAL BODY Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) City Council Superior Court Rezone (TMC Chapter 18.84) City Council Superior Court Sensitive Area Master Plan Overlay (TMC Section 18.45.160) City Council Superior Court Shoreline Environment Re -designation (Shoreline Master Program) City Council Superior Court Subdivision - Final Plat (TMC Section 17.12.030) City Council Superior Court Unclassified Use (TMC Chapter 18.66) City Council Superior Court Section 2. 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 3. 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 following review and approval by the Department of Ecology, pursuant to RCW 70.107.060. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: W:\Word Processing \ Ordinances \Title 18 Zoning Code Noise.doc KS:ksn 06/22/2010 132 Page 4 of 4 TO: • • Cit of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director, Department of Community Development David Haynes, Chief of Police DATE: June 14, 2010 SUBJECT: Noise Ordinance Update ISSUE Should we treat noise received by residential uses in commercial and industrial districts differently that we treat noise received by residential uses in residential districts? Should we limit some noises created in commercial and industrial districts when a residential use occurs in that district? BACKGROUND The proposed noise ordinance went to Community Affairs and Parks on April 12, 2010. During the public hearing, Council heard testimony from several citizens. At the May 3, 2010 Regular Meeting, Vanessa Zaputil reiterated her testimony and requested Council consider more stringent requirements to protect residential uses in commercial or industrial zones throughout the city, particularly from construction equipment, maintenance noises and other routine noises. She also requested noticing for noise events. The Council requested to see a map that highlights areas where residential uses exist in non-residential zones. Council further requested that staff return to the Community Affairs and Parks Committee to review available options for addressing these concerns. DISCUSSION State law sets standards that residents in residential districts are to be protected from unreasonable noises, particularly during nighttime hours when most are sleeping and when the ambient noise level is naturally reduced. State law and the current noise code also specifically exempt construction noise from nighttime limits in non-residential districts. The proposed ordinance follows the WAC by allowing commercial and industrial activity to continue at night provided that noise from such activity does not spill over into residential districts. The proposed ordinance also exempts property maintenance noise within non-residential districts while prohibiting those same noises from being received at night in residential districts. See Attachment A for a comparison between the proposed ordinance, the current code and the WAC. Non-residential zones are principally for commercial and industrial uses which are noisier than residential uses. The map, provided as Attachment B, shows identifiable residential uses located in commercial or industrial zones. Tukwila's zoning code allows some form of residential use in every zone in the City. These residential uses range from single family dwellings to mixed-use buildings in commercial zones to caretaker homes on industrial properties. While the data is very limited, there are 88 identified residential units in non-residential zones. Of these 88 units, 48 are non -conforming residential uses. In the 12 months ending April 10, 2010, the City received 517 noise complaints through the police department. None of these complaints were for construction, highway construction or property maintenance noise that would be exempt under the new code. The new code adds an allowance for the Director to require noise abatement even for exempt sounds. 133 INFORMATIONAL ME• Page 2 Per the WAC, the proposed ordinance does not require a variance for highway construction noise in non-residential zones and allows any noise variance up to 30 days in residential zones to be granted without notice. If variances and noticing of variance requests were to be required in all zones and for all time frames, applicant expense and staff time for variance requests would increase and the noticing provided for highway construction variance requests often occurs weeks or months before the actual noise -generating event. Staff suggests an option to provide applicable notice at the onset of highway construction noise while not increasing the need for variances and a condition that variances granted more than 30 days before the noise event occurs include residential notice at the onset of the noise event. The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. However, the proposed ordinance could be amended to remove the exemptions for property construction noises, highway construction noises, noticing requirements, and/or property maintenance noises (see Attachment C for possible ordinance changes). The pros and cons of these options are detailed below. Issue 1: Remove property construction exemption The current code, the proposed ordinance, and the WAC all exempt nighttime construction noises in commercial and industrial districts. If the ordinance were to remove this exemption and apply the "plainly audible" standard to noise sensitive units in all zones for construction -related noises, then it would be possible for the residence located next to Boeing in the MIC/H zone to cause Boeing to have to cease building construction during nighttime hours. The Segale property could violate the noise ordinance if nighttime construction noise is received by the security residence on that property. In Option 1, existing nighttime construction practices may become violations unless a variance is granted. Variances would increase staff time and applicant expense and would be granted without notice when noise events are less than 30 days. Noise is not a vested right so the introduction of new residential uses could cause existing commercial and industrial -zoned properties to become noise violators. Residential uses in non-residential zones could still experience nighttime property construction noise if a variance is granted. The City of Kirkland and City of Tacoma prohibit all property construction noise during nighttime hours. The WAC and Tukwila's current code exempt property construction noise in commercial and industrial districts but prohibit it where it impacts residential -zoned districts. Issue 2: Remove highway construction exemption One of the principal goals of rewriting the noise code was to eliminate the need for variances and noticing for highway work conducted during nighttime hours in non-residential zones. Highway maintenance variances involve significant staff time and will cost the applicant fees while the variances granted in the last 3 years have not generated any complaints in Tukwila. Due to the life safety issues regarding highway construction, nighttime highway construction variances will continue to be granted. (The requirement for highway maintenance variances in the existing code was due to a phrasing error and not likely the intent of the code.) Frequently, WSDOT construction noise is no louder than the ambient noise from the freeway. The WAC exempts highway maintenance noise at night in commercial and industrial districts. Issue 3: As a condition of any variance and for any nighttime highway maintenance noise, require noticing at the onset of the actual noise -generating event Noticing of noise variance requests often occur well before a project begins. The noticing is provided to alert citizens of the variance request and may or may not provide timely notice of when the actual construction will occur. Further, the proposed ordinance provides relief from noticing requirements for variances less than 30 days and does not require a variance for highway 13 4 W:12010 InfoMemos\Noise CAP staff report2(06-14-10).doc INFORMATIONAL MEI • Page 3 construction noise in non-residential zones. Adding a requirement for noticing at the onset of highway construction and as a condition of all variance requests provides residences an awareness of impending activity and an opportunity to plan accordingly. Noticing would only occur for residential uses and can be provided by mail or by door -hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City -sponsored projects which will increase staff time. Noise -generating events are often weather dependant and span a significant length of time; noticing at the onset may not sufficiently prepare residents for the entirety of the actual noise occurrences. Issue 4: Remove property maintenance exemption The new code introduces an exemption for nighttime property maintenance. It is reasonable to expect commercial and industrial uses to use maintenance equipment during nighttime hours to prepare for daytime operations but no complaints for nighttime property maintenance have been received. Removing this exemption would mirror the existing noise code by maintaining a violation if citizens located in non-residential zones are exposed to nighttime property maintenance noise from commercial and industrial properties. Variances could still be sought. Removing this exemption would make nighttime property maintenance noises subject to the "plainly audible" standard of the new code. The City of Kirkland prohibits property maintenance noise during nighttime hours. The City of Bellevue exempts property maintenance at night. The WAC only exempts property maintenance during the day and only from residential properties. RECOMMENDATION To balance the concerns of the residential community with the needs of commercial and industrial uses, staff recommends the following: Issue 1: Staff recommends no changes to the proposed ordinance and maintaining the construction exemption; Issue 2: Staff recommends no changes to the proposed ordinance and maintaining the highway construction exemption; Issue 3: Staff recommends requiring noticing at the onset of a noise -generating event; and Issue 4: Staff recommends removing the exemption for nighttime property maintenance from the proposed ordinance. Staff recommends forwarding the draft ordinance with the recommended amendments to include Issues 3 and 4 for consideration to the Committee of the Whole meeting June 28, 2010. Proposed ordinance changes are included as Attachment C. ATTACHMENTS Attachment A: Table and summary of new code versus old code noise exemptions. Attachment B: Map Attachment C: Possible Ordinance Changes W:12010 InfoMemos\Noise CAP staff report2(06-14-10).doc 135 INFORMATIONAL MEI, Page 4 • ATTACHMENT A Time when Noise is Exempt Receiving District Residential Receiving District Commercial/Industrial NEW CODE OLD CODE WAC 173-60 NEW CODE OLD CODE WAC 173-60 Aircraft maintenance Days Days Days Days Days Days Utility repair Days Days Days Days Days Days Bells Days Days Days/nights Days Days Days/nights Aircraft in flight Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Safety equipment Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Emergency equipment Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Warning devices Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Railroad Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Natural phenomenon Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Parades Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Substations Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Generator testing Days Not exempt Days Not exempt Construction Days Days Days Days/nights Days/nights Days/nights Power equipment/ maintenance Days Days Days Days/nights Days The WAC is silent on non- residential property maintenance Highway maintenance Days Variance required and always granted Days (WAC 173- 62-040) Days/nights Variance required and always granted Days/nights (WAC 173 - 62-040) New code versus old codes: • Specify Maximum Permissible Sound levels and give options for determining violations. It is a violation to exceed certain decibel levels based on time of day and district designations. • Both codes exempt construction noise from temporary construction sites in commercial and industrial districts at all times. • Both codes exempt highway maintenance noise in commercial and industrial districts. The old code also exempts highway maintenance noise in residential districts but because of a language error variances are required for highway maintenance. • Both codes exempt property maintenance noise in all districts during the day. The new code also exempts property maintenance noise in commercial and industrial districts during the night. Additionally, in the new code, • It is a violation to produce non-exempt plainly audible sound that can be heard from within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit" includes residential use in any district. • It is a violation to produce plainly audible commercial music at a distance of 50 feet from the property line of the commercial establishment. 136 W:12010 InfoMemos\Noise CAP staff report2(06-14-10).doc INFORMATIONAL MEAD Page 5 • ATTACHMENT B (A Targe -scale map will be provided at the CAP meeting) FIR Legend Cantoning R.d6MY Ua.. in tion -Residential Zan.. Non-Canlvminp Residential Uses in Non -Residential Zone. O R.YdwdiY Cisvct —7 Commie dal tlmitl c�® Nduxdol [Starlet W:12010 InfoMemos\Noise CAP staff report2(06-14-10).doc 137 INFORMATIONAL MEAD Page 6 ATTACHMENT C: Code Changes if Issue 1 is selected removing property construction exemption Code changes: 8.22.100 Sounds Exempt at all Time. 9. Sounds cr ated by construction or the movement of construction related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or property is located in a commercial or industrial district of the City. 8.22.110 Sounds Exempt During Daytime Hours. 3. Sounds created by construction or the movement of construction -related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites, - - - property is located in a residential district of the City. Code Changes if Issue 2 is selected removing highway construction exemption Code change: 8.22.100 Sounds Exempt at all Time. the receiving property is located in a commercial or industrial district of the City. No Change: 8.22.110 Sounds Exempt During Daytime Hours. 6. Sounds created by equipment used for public highway maintenance and construction. Code Changes if Issue 3 is selected requiring time -specific noticing of highway construction Code change: 8.22.100 Sounds Exempt at all Time. 11. Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residences within 500 feet of the project including all residents of multi -family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. Code change: 8.22.120 Variances. F. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 3. If the notice of application for sound generating events does not include the noise event starting within thirty days of the notice, the applicant shall provide written notice to all residences within 500 feet of the project including all residents of multi -family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. Code Changes if Issue 4 is selected removing property maintenance exemption Code changes: 8.22.100 Sounds Exempt at all Time. 10. Sounds created by hand or powered equipment used in temporary or periodic located in a commercial or industrial district of the City. W:12010 InfoMemos\Noise CAP staff report2(06-14-10).doc 139 INFORMATIONAL MEP Page 7 • 8.22.110 Sounds Exempt During Daytime Hours. 4.Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, provided the recciving property is located in a residential district of the City. 14 0 W:12010 InfoMemos\Noise CAP staff report2(06-14-10).doc • City of Tukwila Community Affairs & Parks Committee O Joe Duffle, Chair O Joan Hernandez 0 Verna Seal • .44 AGENDA N * MONDAY, JUNE 14, 2010, 5:00 PM; Conference Room #3 Distribution: M. Hart D. Speck J. Duffle S. Hunstock R. Still J. Hernandez D. Johnson J. Trantina V. Seal S. Kerslake B. Arthur D. Robertson K. Kertzman C. Parrish Mayor Haggerton G. Labanara K. Narog S. Lancaster K. Matej S. Kirby E. Boykan M. Miotke S. Norris S. Brown C. O'Flaherty S. MacGregor J. Ferrer -Santa Ines N. Olivas R. Fox B. Giberson J. Pace co�`y?'de, Item Recommended Action Page 1? PRESENTATION(S) 2. BUSINESS AGENDA a. Project Closeout for Duwamish Riverbend Hill; a. Forward to 6/21 Reg. Pg.1 Rick Still, Parks and Recreation Director. Mtg Consent Agenda. b. Approve grant applications for Duwamish Gardens site; b. Committee approval. Pg.3 Bob Giberson, Public Works Director. c. Noise Ordinance; W , - , iltw? c. Forward to 6/28 Pg.5 Jack Pace, Community Development Director. C.O.W. and 7/6 Reg. d. An ordinance updating the Sign Code; d. Forward to 6/28 Pg.13 Jack Pace, Community Developmen_t 'erector. C.O.W. and 7/6 Reg. IVbwe., — tod S• Ce S e. Comprehensive Plan Amendments; ma4.,6rwv4. e. Forward to 6/28 Pg.51 Jack Pace, Community D velopment Director, C.O.W. and 7/6 Reg. 3. ANNOUNCEMENTS PtA�S M,A MISCELLANEOUS ,�'l5- M ik It '/4. ehni Next Scheduled Meeting: Monday, June 28, 2010 Committee Goals: • Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community. • Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods. • Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and/or property managers accountable for providing safe places to live through the implementation of a rental licensing program. • Formulate an Adopt -a -Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City. • Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (a/so assigned to F&S). • Research the viability of sponsoring a City-wide Citizens' Academy (a/so assigned to F&5). 6 The City of Tukwila strives to accommodate those wp disabilities. Please contact the City Clerk's Office at 206-433-1800 for assistance. TO: • Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace, Director, Department of Community Development David �Hjaynes, Chief of Police DATE: June 2"f, 2010 SUBJECT: Noise Ordinance Update ISSUE Should we treat noise received by residential uses in commercial and industrial districts differently that we treat noise received by residential uses in residential districts? Should we limit some noises created in commercial and industrial districts when a residential use occurs in that district? BACKGROUND The proposed noise ordinance went to CAP on April 12. During the public hearing, Council heard testimony from several citizens. At the May 3, 2010 Regular Meeting, Vanessa Zaputil reiterated her testimony and requested Council consider more stringent requirements to protect residential uses in commercial or industrial zones throughout the city, particularly from construction equipment, maintenance noises and other routine noises. She also requested noticing for noise events. The Council requested to see a map that highlights areas where residential uses exist in non-residential zones. Council further requested that staff return to the Community Affairs and Parks Committee to review available options for addressing these concerns. DISCUSSION State law sets standards that residents in residential districts are to be protected from unreasonable noises, particularly during nighttime hours when most are sleeping and when the ambient noise level is naturally reduced. State law and the current noise code also specifically exempt construction noise from nighttime limits in non-residential districts. The proposed ordinance follows the WAC by allowing commercial and industrial activity to continue at night provided that noise from such activity does not spill over into residential districts. The proposed ordinance also exempts property maintenance noise within non-residential districts while prohibiting those same noises from being received at night in residential districts. See Attachment A for a comparison between the proposed ordinance, the current code and the WAC. Non-residential zones are principally for commercial and industrial uses which are noisier than residential uses. The map, provided as Attachment B, shows identifiable residential uses located in commercial or industrial zones. Tukwila's zoning code allows some form of residential use in every zone in the City. These residential uses range from single family dwellings to mixed-use buildings in commercial zones to caretaker homes on industrial properties. While the data is very limited, there are 88 identified residential units in non-residential zones. Of these 88 units, 48 are non -conforming residential uses. In the 12 months ending April 10, 2010, the City received 517 noise complaints through the police department. None of these complaints were for construction, highway construction or property maintenance noise that would be exempt under the new code. The new code adds an allowance for the Director to require noise abatement even for exempt sounds. INFORMATIONAL MEMO Page 2 • • Per the WAC, the proposed ordinance does not require a variance for highway construction noise in non-residential zones and allows any noise variance up to 30 days in residential zones to be granted without notice. If variances and noticing of variance requests were to be required in all zones and for all time frames, applicant expense and staff time for variance requests would increase and the noticing provided for highway construction variance requests often occurs weeks or months before the actual noise -generating event. Staff suggests an option to provide applicable notice at the onset of highway construction noise while not increasing the need for variances and a condition that variances granted more than 30 days before the noise event occurs include residential notice at the onset of the noise event. The proposed ordinance reduces staff time for processing variances, allows the status quo to continue regarding construction noise at night, is simple to enforce and allows the Director to require noise abatement for all sounds. However, the proposed ordinance could be amended to remove the exemptions for property construction noises, highway construction noises, noticing requirements, and/or property maintenance noises (see Attachment C for possible ordinance changes). The pros and cons of these options are detailed below. assueOptien 1: Remove property construction exemption _ _ - { Formatted: Font: Bold, Underline The current code, the proposed ordinance, and the WAC all exempt nighttime construction noises in commercial and industrial districts. If the ordinance were to remove this exemption and apply the "plainly audible" standard to noise sensitive units in all zones for construction -related noises, then it would be possible for the residence located next to Boeing in the MIC/H zone to cause Boeing to have to cease building construction during nighttime hours. The Segale property could violate the noise ordinance if nighttime construction noise is received by the security residence on that property. In Option 1, existing nighttime construction practices may become violations unless a variance is granted. Variances would increase staff time and applicant expense and would be granted without notice when noise events are less than 30 days. Noise is not a vested right so the introduction of new residential uses could cause existing commercial and industrial -zoned properties to become noise violators. Residential uses in non-residential zones could still experience nighttime property construction noise if a variance is granted. The City of Kirkland and City of Tacoma prohibit all property construction noise during nighttime hours. The WAC and Tukwila's current code exempt property construction noise in commercial and industrial districts but prohibit it where it impacts residential -zoned districts. IssueOption 2: Remove highway construction exemption One of the principal goals of rewriting the noise code was to eliminate the need for variances and noticing for highway work conducted during nighttime hours in non-residential zones. Highway maintenance variances involve significant staff time and will cost the applicant fees while the variances granted in the last 3 years have not generated any complaints in Tukwila. Due to the life safety issues regarding highway construction, nighttime highway construction variances will continue to be granted. (The requirement for highway maintenance variances in the existing code was due to a phrasing error and not likely the intent of the code.) Frequently, WSDOT construction noise is no louder than the ambient noise from the freeway. The WAC exempts highway maintenance noise at night in commercial and industrial districts. Optien-Issue 3: As a condition of any variance and for any nighttime highway maintenance noise, require noticing at the onset of the actual noise -generating event Noticing of noise variance requests often occur well before a project begins. The noticing is provided to alert citizens of the variance request and may or may not provide timely notice of when the actual construction will occur. Further, the proposed ordinance provides relief from noticing requirements for variances less than 30 days and does not require a variance for highway Z:INoise CodeWoise CAP staff report (06-14-10).doc { Formatted: Font: Bold, Underline INFORMATIONAL MEMO • Page 3 • construction noise in non-residential zones. Adding a requirement for noticing at the onset of highway construction and as a condition of all variance requests provides residences an awareness of impending activity and an opportunity to plan accordingly. Noticing would only occur for residential uses and can be provided by mail or by door -hangers; it would be similar to the noticing requirements added to residential parties at the CAP meeting on April 12, 2010. Noticing at the onset of events will also be required of City -sponsored projects which will increase staff time. Noise -generating events are often weather dependant and span a significant length of time; noticing at the onset may not sufficiently prepare residents for the entirety of the actual noise occurrences. Option -Issue 4: Remove property maintenance exemption The new code introduces an exemption for nighttime property maintenance. It is reasonable to expect commercial and industrial uses to use maintenance equipment during nighttime hours to prepare for daytime operations but no complaints for nighttime property maintenance have been received. Removing this exemption would mirror the existing noise code by maintaining a violation if citizens located in non-residential zones are exposed to nighttime property maintenance noise from commercial and industrial properties. Variances could still be sought. Removing this exemption would make nighttime property maintenance noises subject to the "plainly audible" standard of the new code. The City of Kirkland prohibits property maintenance noise during nighttime hours. The City of Bellevue exempts property maintenance at night. The WAC only exempts property maintenance during the day and only from residential properties. RECOMMENDATION To balance the concerns of the residential community with the needs of commercial and industrial uses, staff recommends the following: Issue 1: Staff recommends no changes to the proposed ordinance and maintaining the construction exemption: Issue 2: Staff recommends no changes to the proposed ordinance and maintaining the highway construction exemption; Issue 3: Staff recommends requiring noticing at the onset of a noise -generating event: and Issue 4: Staff recommends removing the exemption for nighttime property maintenance from the proposed ordinance. 4) -Amend -the -proposed ordn ante-to-incltide-Optieas-3-an4 —Option-3;-event-based-Retieing - • 2) No changes -regarding Optiorr-1—Maintain--RigI ttirne-exemptions-for donstriuctionas-allowed-in-the • ased-on-the-lack-ef-sernplaint-h+stc y-and-tlae-operatieRs-of-existing generally-always--be-granted. Z:Woise CodeWoise CAP staff report (06.14-10).doc INFORMATIONAL MEMO Page 4 • • Staff recommends forwarding the draft ordinance with the recommended amendments to include Issues 3 and 4 for consideration to the Committee of the Whole meeting June 28, 2010. Proposed ordinance changes are included as Attachment C. ATTACHMENTS Attachment A: Table and summary of new code versus old code noise exemptions. Attachment B: Map Attachment C: Possible Ordinance Changes Z:Woise Code\Noise CAP staff report (06-14-10).doc INFORMATIONAL MEMO • Page 5 ATTACHMENT A Time when Noise is Exempt Receiving District Residential Receiving District Commercial/Industrial NEW CODE OLD CODE WAC 173-60 NEW CODE OLD CODE WAC 173-60 Aircraft maintenance Days Days Days Days Days Days Utility repair Days Days Days Days Days Days Bells Days Days Days/nights Days Days Days/nights Aircraft in flight Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Safety equipment Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Emergency equipment Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Warning devices Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Railroad Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Natural phenomenon Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Parades Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Substations Days/nights Days/nights Days/nights Days/nights Days/nights Days/nights Generator testing Days Not exempt Days Not exempt Construction Days Days Days Days/nights Days/nights Days/nights Power equipment/ maintenance Days Days Days Days/nights Days The WAC is silent on non- residential property maintenance Highway maintenance Days Variance required and always granted Days (WAC 173- 62-040) Days/nights Variance required and always granted Days/nights (WAC 173 - 62-040) New code versus old codes: • Specify Maximum Permissible Sound levels and give options for determining violations. It is a violation to exceed certain decibel levels based on time of day and district designations. • Both codes exempt construction noise from temporary construction sites in commercial and industrial districts at all times. • Both codes exempt highway maintenance noise in commercial and industrial districts. The old code also exempts highway maintenance noise in residential districts but because of a language error variances are required for highway maintenance. • Both codes exempt property maintenance noise in all districts during the day. The new code also exempts property maintenance noise in commercial and industrial districts during the night. Additionally, in the new code, • It is a violation to produce non-exempt plainly audible sound that can be heard from within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit" includes residential use in any district. • It is a violation to produce plainly audible commercial music at a distance of 50 feet from the property line of the commercial establishment. Z:Woise CodeWoise CAP staff report (06-14-10).doc INFORMATIONAL MEMO Page 6 • • ATTACHMENT B (A large-scale map will be provided at the CAP meeting) •f: r` '8 i1t.. l i.q City of Tukwila Noise Ordinance Review Map GIS 0 0 750 1.500 1000 fed Legend © c...u.........,. v.»..e.o..a...:.,.. 1.11,101.40..p Ilants1 um. n n.w..a.eel m..s Lwww Dime .J c.n.rw Dade E J. Q new ama Z:Woise Code1Noise CAP staff report (06-14-10).doc INFORMATIONAL MEMO . Page 7 • ATTACHMENT C: Code Changes if Option -Issue 1 is selected removing property construction exemption Code changes: 8.22.100 Sounds Exempt at all Time. 9. Sounds created by construction or the movement of construction related materials, including 8.22.110 Sounds Exempt During Daytime Hours. 3. Sounds created by construction or the movement of construction -related materials, including but not limited to, striking or cutting sounds from hammers, saws or equipment with electrical or internal combustion engines emanating from temporary construction sites, provided the receiving Code Changes if IssueOption 2 is selected removing highway construction exemption Code change: 8.22.100 Sounds Exempt at all Time. No Change: 8.22.110 Sounds Exempt During Daytime Hours. 6. Sounds created by equipment used for public highway maintenance and construction. Code Changes if IssueOption 3 is selected requiring time -specific noticing of highway construction Code change: 8.22.100 Sounds Exempt at all Time. 11. Sounds created by equipment used for public highway maintenance and construction, provided the receiving property is located in a commercial or industrial district of the City and provided that the applicant shall provide written notice to all residences within 500 feet of the project including all residents of multi -family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. Code change: 8.22.120 Variances. F. In authorizing a variance, the administrator may attach thereto such conditions regarding noise level, duration, type and other considerations as the administrator may deem necessary to carry out the policy and purpose of this chapter. The variance permit shall enumerate the conditions of the variance, including but not limited to: 3. If the notice of application for sound generating events does not include the noise event starting within thirty days of the notice, the applicant shall provide written notice to all residences within 500 feet of the project including all residents of multi -family complexes. Notice shall be provided between ten and thirty days of the onset of construction activity and shall enumerate the anticipated construction schedule for the length of the project. An affidavit of distribution shall be provided to the City. Code Changes if IssueOption 4 is selected removing property maintenance exemption Code changes: 8.22.100 Sounds Exempt at all Time. Z:Woise CodeWoise CAP staff report (06-14-10).doc INFORMATIONAL MEMO Page 8 • 8.22.110 Sounds Exempt During Daytime Hours. 4.Sounds created by hand or powered equipment used in temporary or periodic maintenance or repair of property, uses or structures, including but not limited to, lawnmowers, powered hand tools, snow removal equipment, and composters, Z: Noise CodelNoise CAP staff report (06-14-10).doc kw61a City Counrn Agenda •.o REGULAR MEETING •e• Jim Haggerton, Mayor Councilmembers: ❖ Joe Duffle ❖ Joan Hernandez Steve Lancaster, City Administrator ❖ Allan Ekberg ❖ Verna Seal Dennis Robertson, Council President ❖ Kathy Hougardy ❖ De'Sean Quinn Monday, May 3, 2010; 7:00 PM • Ord #2285 • Res #1712 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. SPECIAL a/Briefing from Miyoshi Delegation; Wayne Smith, Sister Cities Committee. PRESENTATIONS , b%Museum of Flight Update; Dr. Bonnie Dunbar, President and CEO 3. CITIZEN COMMENT 4. CONSENT AGENDA 5. PUBLIC HEARINGS At this time, you are invited to comment on items not included on this agenda (please L,limit your comments to five minutes per citizen). To comment on an item listed on is agenda, please save your comments until the issue is presented for discussion. a. Approval of Minutes: 4/19/10 (Regular). p: Approval of Vouchers. /a. An ordinance amending various ordinances, as codified at Tukwila Municipal Code Title 18, "Zoning Code," to incorporate definitions of diversion facility and diversion interim services facility; to clarify definitions of convalescent/nursing home, outpatient medical clinic and hospital; and to update the Zoning Code and its provisions for such uses. Public hearing continued from April 12, 2010. b. An ordinance of the City Council of the City of Tukwila, Washington, establishing a moratorium on the filing of applications for development permits for food or drink establishments conducting social card game gambling activities; and opting findings of facts supporting the establishment of the moratorium. 6. UNFINISHEDthorize the Mayor to sign an application for Community Development Block BUSINESS Grant funds for the 2011 Minor Home Repair Program to serve the cities of Tukwila, SeaTac, Des Moines, and Covington in the amount of $110,000.00. ,rb"i An ordinance vacating certain property located within the City dedicated for street purposes generally described as approximately 60 feet by 85 feet along 4403 515t Avenue South and within a portion of Old Macadam Road. . An ordinance amending various ordinances, as codified at Tukwila Municipal Code Title 18, "Zoning Code," to incorporate definitions of diversion facility and diversion interim services facility; to clarify definitions of convalescent/nursing home, outpatient medical clinic and hospital; and to update the Zoning Code and its provisions for such uses. ,o. An ordinance related to land use and zoning; adopting findings of fact supporting the moratorium adopted by Ordinance No. 2279, which moratorium @shall be in effect for a period of six months. (for social card game businesses) Noise Regulations: 1. An ordinance updating regulations relating to noise, as codified at Tukwila Municipal Code Chapter 8.22, to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. 2. An ordinance amending Tukwila Municipal Code Title 18,"Zoning Code," to clarify and update its provisions to reflect changes to Tukwila Municipal Code Chapter 8.22, relating to"Noise." . A resolution amending Resolution No. 1672 to include a Noise Fee Schedule. jA. A resolution authorizing the Mayor to enter into an Interlocal Agreement with King County related to processing of building permits and land use applications filed prior to the effective date of the Tukwila South annexation area. g. A resolution establishing the meeting schedule for City Council Committees. h. Draft Agenda for Joint Meeting with the Tukwila School District. Pg.1 Pg.51 Pg.57 Pg.59 Pg.1 g.51 Pg.67 Pg.73 Pg.81 Pg.85 Pg.87 Pg.101 Pg.105 Tukwila City Council Agenda REGULAR MEETING ❖ May 3, 2010 Page 2 • 7. NEW BUSINESS 8. REPORTS a. Mayor b. City Council 9. MISCELLANEOUS c. Staff d. City Attorney e. Intergovernmental • 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office 206-433-1800/TDD 206-248-2933. This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. • • HOW TO TESTIFY If you would like to address the Council, please go to the podium and state your name and address clearly for the record. Please observe the basic rules of courtesy when speaking and limit your comments to five minutes. The Council appreciates hearing from citizens, but may not be able to take immediate action on comments received until they are referred to a Committee or discussed under New Business. COUNCIL MEETINGS No Council meetings are scheduled on the fifth Monday of the month unless prior public notification is given. Regular Meetings: The Mayor, elected by the people to a four-year term, presides at all Regular Council meetings held on the first and third Mondays of each month at 7 PM. Official Council action in the form of formal motions, adopting of resolutions and passing of ordinances can only be taken at Regular Council meetings. Committee of the Whole Meetings: Council members are elected for a four-year term. The Council president is elected by the Council members to preside at all Committee of the Whole meetings for a one- year term. Committee of the Whole meetings are held the second and fourth Mondays at 7 PM. Issues discussed are forwarded to the Regular Council meeting for official action. GENERAL INFORMATION At each Council meeting citizens are given the opportunity to address the Council on items that are not included on the agenda during Citizen Comment. Please limit your comments to five minutes. Special Meetings may be called at any time with proper public notice. Procedures followed are the same as those used in Regular Council meetings. Executive Sessions may be called to inform the Council of pending legal action, financial or personnel matters. PUBLIC HEARINGS Public Hearings are required by law before the Council can take action of matters affecting the public interest such as land -use laws, annexations, rezone requests, public safety issues, etc. Section 2.04.150 of the Tukwila Municipal Code states the following guidelines for Public Hearings: 1. The proponent shall speak first and is allowed 15 minutes for a presentation. 2. The opponent is then allowed 15 minutes to make a presentation. 3. Each side is then allowed 5 minutes for rebuttal. 4. Citizens who wish to address the Council may speak for 5 minutes each. No one may speak a second time until everyone wishing to speak has spoken. 5. After each speaker has spoken, the Council may question the speaker. Each speaker can respond to the question, but may not engage in further debate at this time. 6. After the Public Hearing is closed, the Council may discuss the issue among themselves without further public testimony. Council action may be taken at this time or postponed to another date. • • City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Tukwila City Council FROM: Jack Pace, DCD Director David Haynes, Police Chief DATE: ApJLL37, 2010 SUBJECT: Noise Ordinance ISSUE After the public hearing on April 26, 2010, the Council requested additional information in response to testimony received. BACKGROUND Testimony was received from WSDOT and three citizens. Points raised during the hearing are outlined below along with staffs response. DISCUSSION WSDOT submitted a letter of support which included two suggestions: 1. Allow variance requests based on the amount of time noise is actually received in one location. WSDOT typically has variance requests for noise generation along a length of highway. Noise generation may occur for more nights than it is actually experienced at one particular location. WSDOT would like their variances based on the nights a location receives noise rather than the number of nights they generate noise. This is an option they can exercise without changing the code language. For past variances (travel time signs or bridge work are examples), WSDOT has submitted multiple short variances for each portion of a project (each travel time sign or each bridge) to avoid the public hearing process. They can continue to do so in the new code. Because of fees in the new code, they may find it less expensive to go the hearing examiner route and have a year-long variance rather than multiple Type 1 (short-term) variances, but either would be acceptable options in the new code. SUGGESTED ACTION: No change to code; their request is already an option in the new code. 2. Do not provide notice to locations within the 500' buffer but outside jurisdictional boundaries. WSDOT seeks variances based on the location of receiving properties. Each jurisdiction has different noticing and variance procedures. WSDOT would like to limit Tukwila noise variances to Tukwila addresses to minimize their process and avoid duplicate or not required mailings. • WSDOT erroneously believes that they will be providing notice rather than the City. • Our system to generate labels does not allow querying to pull out only Tukwila residents. • The 500' buffer and noticing neighboring jurisdictions is a service Tukwila provides for all land use actions that require notice. If we were to change this, it would be a policy decision that should apply to all land use decisions. INFORMATIONAL MEM. • Page 2 "" • It is not appropriate to write code specific for WSDOT that does not apply to other projects that require a variance and noticing is per Title 18 so it would be a privilege for WSDOT that does not apply to other noise or land use notices. SUGGESTED ACTION: No change to code: notice is conducted by Tukwila not the applicant; noticing for all land use projects crosses jurisdictional boundaries. Vanessa Zaputil expressed concern regarding protections for residential uses in commercial or industrial zones. Residential uses in commercial and industrial zones are permitted outright in some mixed- use areas and are nonconforming uses in other areas; both the old and new code regulate noise based on district rather than on use. The differences in how the current noise code and the new noise code regulate noise follows. Both codes: • Specify Maximum Permissible Sound levels and give options for determining violations. It is a violation to exceed certain decibel levels based on time of day and district designations. • Both codes exempt construction noise from temporary construction sites in commercial and industrial districts. • Both codes exempt highway maintenance noise in commercial and industrial districts. The old code also exempts highway maintenance noise in residential districts. • Both codes exempt property maintenance equipment in all districts during the day. The new code also exempts property maintenance equipment in commercial and industrial districts during the night. Additionally, in the new code, • It is a violation to produce non-exempt plainly audible sound that can be heard from within a noise sensitive unit during the nighttime hours. "Noise Sensitive Unit" includes residential use in any district. • It is a violation to produce plainly audible commercial music at a distance of 50 feet from the property line of the commercial establishment. The only additional noise the new code allows is property maintenance equipment at night in commercial and industrial zones. Otherwise the new code provides the same noise exemptions and increased noise violations for noise received in commercial and industrial districts. Additionally, in the new code under 8.22.100 (B) Sounds Exempt at all Times, even though a noise is exempt the administrator is granted the power to require the installation of the best available noise abatement technology subject to the provisions of RCW 34.05. Changing the new code to provide residential units in non-residential zones noise protections akin to residential zones is not anchored to the reality that non-residential zones may be more noisy by design. Increased residential density alongside non-residential uses comes with additional positive and negative impacts. By creating residential noise protections, the City would be inhibiting commercial and industrial uses from functioning. For example, in commercial districts, trash collection typically occurs at night to allow trash trucks to access sites before cars fill parking lots during the day. To place limits on the time of day these services can be provided limits the functionality of commercial and industrial uses. Additionally, if exemptions were removed to noise sensitive units in commercial and industrial zones, variances would be required. Type 1 variances would continue to be granted without notice and all variances would significantly increase staff time and applicant expense. Finally, the City lacks the technology needed to accurately or efficiently identify residential uses in commercial or industrial zones; to ensure accuracy, notices would need to Z:INoise CodelNoise REG staff report (5-3-10).doc INFORMATIONAL MEI. • Page 3 be sent to the majority of addresses in all zones defeating the intent of streamlining the noticing process. SUGGESTED ACTION: No change to code: noise that is exempt between the new code and the old code is generally the same and noise violations include more limits to non- exempt sounds for noise sensitive units at night; the administrator is given express power to require noise abatement; and mixed-use districts have mixed-use sounds and limiting those sounds would limit the ability to create mixed-use environments. Staff believes that concerns are adequately addressed without changes to the code. Lynn Peterson expressed concern regarding specifying a measurement (50 feet) beyond which a sound that could be heard would be considered a violation. He believes the use of a decibel meter is a better method of determining a violation. The changes to the nuisance section of the noise ordinance to specify a distance was done precisely because the police investigating nuisance noises needed a verifiable standard in the field without having to use a dB meter. dB meters are not available for police officers, they are not trained to use them, and the readings must be adjusted to exclude ambient noises. They are not practical for field use and they are not legally defensible when used by police officers. By specifying a distance, an officer investigating a complaint can easily determine if the noise violates our code and will be able to defend his decision in court, if necessary. SUGGESTED ACTION: No change to the code: the code was written specifically to eliminate the need for a dB meter. Aaron Hundtoffe expressed support of the code and requested council adoption. SUGGESTED ACTION: No changes to the code. Residential party variances, originally discussed at the CAP and COW. Staff suggested a requirement for notification of neighbors within a 500 foot radius prior to the issuance of the variance. SUGGESTED ACTION: Add the requirement to the variance process for residential parties that the applicant must notify neighbors within a 500 foot radius prior to obtaining the variance. RECOMMENDATION Staff recommends no changes to the draft ordinance other than the notification requirement for residential party variances as discussed at the public hearing on April 26, 2010 and as shown in the underline/strikeout version of the draft ordinance. The Council is being asked to approve the noise ordinance, the Title 18 revision ordinance and associated fee resolution at the May 3, 2010 Regular meeting. ATTACHMENTS Noise Ordinance Title 18 Ordinance Fee Schedule Z:INoise CodelNoise REG staff report (5-3-10).doc TO: • City of Tukwila • Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Committee of the Whole FROM: David Haynes, Chief of Police Jack Pace, Director, Department of Community Development DATE: April 26, 2010 SUBJECT: Draft Noise Ordinance ISSUE Should the City update its noise ordinance? BACKGROUND The current noise ordinance was amended in 2002. The City's noise ordinance is confusing and difficult to enforce. Enforcement of noise regulations for public disturbance noises is difficult or impractical if the use of a noise measuring device is required. The variance process is time consuming, costly to the City, and frequently does not affect the outcome. In 2006, the Director of DCD wrote rules for processing noise variance requests, as allowed by the noise code. These rules for processing variance requests need to be revised and codified. There is no record of Department of Ecology approval for the existing noise code. The draft ordinance and fee schedule was presented to the Community Affairs and Parks committee on April 12, 2010 with a recommendation to forward to the Committee of the Whole for a public hearing on April 26, 2010. The committee also requested staff bring forward options for administering residential party variances. DISCUSSION The noise code contains regulations that are administered by the Police Department and the Department of Community Development. The DCD Director issues variances and fields citizen complaints during the day; the Chief of Police is charged with enforcing the noise complaint sections of the code. Included with this staff report is a matrix comparing the current code with the new proposal. Outlined below is more information about the proposed changes. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 • • Definitions (8.22.020): There are several new definitions and terms included in the new ordinance: 1. Administrator — DCD Director, Police Chief, or designees including the Hearing Examiner. The addition of "designees" gives the City flexibility and allows code enforcement to assist police with chronic offenses under a notice and order process. Specifying the Hearing Examiner clarifies that some noise code violations may proceed along that enforcement path. 2. Commercial music — music originating from or in connection with the operation of any commercial establishment or enterprise. Noise from commercial music that is plainly audible at a distance of 50 feet from the property line is a violation of this code. 3. Noise Sensitive Unit - a residence, school, church, hospital, or public library. Property in an industrial or commercial zone is not a noise sensitive unit unless it is occupied or used as a residence, school, church, hospital or public library. 4. Plainly audible — sound that can be heard. The City of Tacoma adds language to include "comprehensible musical rhythms" and "rhythmic bass", heard by someone with "unaided hearing faculties." This language has been added to the draft code. 5. Receiving property — the property within which the sound cannot be exceeded. The City of Tacoma adds "Individual offices or dwelling units within a building may constitute a receiving property". This language allows police to enforce within an apartment, condominium or office complex. This language has been added to the draft code. 6. Residential party - a social gathering held at a residence. Residential parties have always been eligible to apply for a variance but the code now specifically calls them out as a source of noise. 7. Sound Producing Source — anything capable of making sounds. Examples include: audio equipment, power tools, musical instruments, motor vehicle sound systems audible at 50 feet from the vehicle itself, and commercial music audible at 50 feet from the property line. Measurement of Sound (8.22.040): Verifying nuisance or "public disturbance" noises under our current code requires standards that are impractical or difficult to use in the field. The proposed changes to this part of the code are significant and yet establish a standard that is measurable and verifiable in the field without requiring anything more than a tape measure or laser measuring tool and the ability to hear. The new code gives two standards to measure sound and determine if a violation exists under Maximum permissible sound levels (8.22.050): 1. It is a violation to exceed certain decibel levels based on the time of day, the zone of the source of sound, and the zone of the receiver. This allows projects using equipment with a known decibel level (WSDOT construction equipment for example) to determine if a variance is needed prior to starting a project. KS/SM Page 2 of 5 06/2S/201001/222/2010 ZANoise Code\Noise COW staff report (4-26-10) docZANeise-C-edelNoise CAP staff-reper+4-24-I44 dei • • • 2. It is also a violation to make a "plainly audible sound" from a "sound producing source". The plainly audible standard specifies distances and locations, which is useful to police officers in the field to verify the violation. The plainly audible standard has two components based on the zoning designation of the receiving property: A. In any district the following are violations: • A noise from a motor vehicle sound system at a distance of 50 feet from the vehicle itself. • Commercial music at a distance of 50 feet from the property line of the commercial establishment. • Any sound that is plainly audible inside a noise sensitive unit (a house, hospital, library, church or school that is not the source of the sound) during the nighttime hours. B. When receiving property is in a Residential district (LDR, MDR, HDR) an additional standard is imposed: • A noise from ANY sound producing source that can be heard at a distance of 50 feet from the exterior of the source of the sound; Exemptions (8.22.090 - 8.22.110) There are sounds which are exempt at all times — aircraft in flight, safety and protective devices, emergency equipment, city -sanctioned parades, sporting events and other public events, construction -related and maintenance noise (if the receiving property is located in a commercial or industrial district of the City), and others. There are sounds which are exempt only during daytime hours — bells, chimes, testing of emergency back-up generators, the firing range, construction -related and maintenance noise (if the receiving property is located in a residential zone) and others. Variances (8.22.120): The new code allows for notice only to those tenants affected by the noise, only when the noise is in excess of 30 days, and to a 500' area. The code also allows provisions for the Director to require additional noticing and mitigation in order to grant the variance. Variances will be processed based on the length of time the noise will be created: • Variances less than 30 days are approved by the Director and will not require public notice as permitted in the WAC. • Variances for 31-60 days of noise are also approved by the Director and will include public notice and an opportunity to comment prior to granting the variance. • Variances for noise in excess of 60 days will require public notice and a public hearing before the Hearing Examiner. KS/SM Page 3 of 5 Z.\Noise Code\Noise COW staff report (4-26-10).doc1_-\Neil.. CoclelN,)i.:e CAP staf€r pe z1-24i-10):dee 06/28/201004/22/24W • • At the CAP meeting, council requested additional options for granting variances for residential parties. Committee members were concerned that residential parties could be granted a variance but that controls were not in place to prevent noise disturbances caused by permitted parties. Concerns were raised over allowing parties without restrictions on time or volume, the criteria for granting a variance, and potential lack of notice to neighboring properties that the party would be occurring. While the new code specifically lists residential parties as a source of noise, the ability to seek and/or obtain a variance for a residential party is no different in the new versus the old code. If a variance is granted, however, the new code allows the Director to apply conditions specific to the variance request such as restrictions on time or volume and requiring notice to surrounding properties. The City has no record of anyone trying to obtain a variance for a residential party. The problem with parties is not that variances permit too much noise but that noise violations are not enforceable. With the new noise code, the Police Department will be able to more effectively verify noise violations and issue citations. Enforcing the noise code could lead to residents seeking noise variances for residential parties, however the new fee for a variance may deter residents from seeking one. Staff is offering three options for consideration to address the Committee's concerns. Option A: Adopt the new noise code with the modification as shown. 1. Residential party variances require the applicant to notify neighboring properties within a 500 foot radius prior to the variance being granted. 2. A noise variance for a party is not a free pass to make as much noise as one likes. The limitations would be spelled out in the decision and violations of these limitations could still result in a citation being issued. Option B: Revise the code so that variances for residential parties are not permitted. 1. Criteria would need to be written that would allow an application for a variance permit but conditions would be applied that would prevent a resident from gaining any noise allowances for sounds generated by a party. The City of Bellevue offers a version of this solution. They require a "Sound Amplification Permit" for amplified sound but the sound cannot exceed the maximum permissible sound levels allowed in a non - amplified situation. Option C: Establish a party permit to be administered by the Police Department. 1. Party permits are fairly common in other states, especially in college towns. 2. Requirements could include: a. A party permit is valid until 12 -midnight on weekends and holidays and 10 PM on all other nights. b. Only a maximum of 4 hours of noise/music is allowed. KS/SM Page 4 of 5 06/28/201004/21/20+0 Z:\Noise Code\Noise COW staff repot (4-26-1u).docZ 4Neise-' d report (1 26 4-03-dec • • c. The applicant would have to notify all commercial and residential units within 500 feet at least 48 hours of the event. d. The permit wouldn't have an allowable decibel level. Instead, noise from the event could not be plainly audible 400 feet away. e. The proposal would prohibit multiple permits for similar locations and times and multiple permits within 90 days. f. There must be no history of chronic noise violations. 3. The party permit could have other restrictions not related to noise such as parking requirements, limits on the number of attendees, limits on who attends (invited guests only, no fees may be charged) 4. A party permit would not be a free pass to make as much noise as one likes. The limitations could be spelled out in the code and violations of these limitations could still result in a citation being issued. Violation —Penalty section (8.22.150). At the request of the Police Department, changes have been made to the Violation—Penalty section. Violations have been changed from misdemeanors to civil penalties for the first two offenses. Third and subsequent violations are misdemeanors. There is also a provision to suspend or revoke city - issued permits and/or licenses for the site if two civil penalties have been issued within a one-year period. The section also clarifies that owners, tenants and others are jointly and severally responsible for compliance. RECOMMENDATION Staff recommends addressing the concern of noise from residential parties by adopting the code with the condition that all residential party variances require notification of neighboring properties within 500 feet. This change is shown in the strikethrough version of the ordinance before you tonight. If the Council agrees, staff recommends modifying the ordinance to reflect the residential party variance notification requirements and presenting the changes for adoption at the May 3, 2010 regular meeting along with the revisions to the Title 18 Ordinance, and the draft fee resolution at the May 3, 2010 regular meeting. Attachments: Noise Ordinance matrix Draft Noise Ordinance Draft Title 18 Ordinance Draft fee resolution KS/SM Page 5 of 5 06/18/201001/21/241-0 Z:Noise CodelNoise COW staff report (4-26-101.doc: Heise-Cede0401-se- : P-staff-repoi4-(4-2Er1FNdoe • • COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes April 12, 2010 — 5:00 p.m.; Conference Room #3 City of Tukwila Community Affairs and Parks PRESENT Councilmembers: Joe Duffle, Chair; Joan Hernandez and Verna Seal Staff: Kathy Stetson, Stacy MacGregor, Mary Hulvey, Jack Pace, Evie Boykan, Bruce Linton, Mayor Haggerton, Steve Lancaster and Kimberly Matej Guests: Chuck Parrish CALL TO ORDER: Committee Chair Duffie called the meeting to order at 5:00 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. 2011 Minor Home Repair Program Staff is seeking Council authorization to submit the 2011 Community Development Block Grant application to King County requesting $110,000 for the Minor Home Repair Program. The City's application proposes to continue the Human Services Minor Home Repair Program for Tukwila as well as the fiscal management (via self -renewing interlocal agreements) of similar programs for the cities of SeaTac, Des Moines and Covington. This year's proposal asks for additional funding to address work with lead based paint. As with past applications, incorporation of multiple cities into one application makes our request more competitive against other projects. The funding for this program is not a guarantee. UNANIMOUS APPROVAL. FORWARD TO APRIL 26 COW FOR DISCUSSION. B. Interlocal Agreement between Tukwila and King County regarding Permits for the Tukwila South Annexation Area Staff is seeking Council approval of an interlocal agreement with King County for the processing of building permits and land use applications that were filed with King County prior to Tukwila's annexation of the southern most portion of the City. There are currently four permit -related items outstanding that were filed with the County prior to the City's annexation (two land use applications, one construction permit and one code enforcement file). This interlocal agreement will allow King County to complete outstanding actions as necessary on these applications and/or files as well as provide continuity of permitting . In addition to the interlocal agreement, staff distributed a draft resolution at the Committee meeting which authorizes King County to charge applicant fees as relative and appropriate for the above items. UNANIMOUS APPROVAL. FORWARD TO APRIL 26 COW FOR DISCUSSION. C. DRAFT Noise Ordinance Staff is seeking Council approval of a draft ordinance relating to noise. Adding clarity to definitions, enforcement and requirements, this will repeal the current Noise Ordinance which was last amended in 2002. The Committee was provided with an update on the draft ordinance last December (see CAP minutes dated December 14, 2009). At that time, staff suggested the ordinance be separated into two sections (to improve efficiency and enforcement); however, they have since determined that this separation did not provide the Community Affairs & Parks Com ee Minutes • April 12, 2010 — Page 2 most efficient means for enforcement. The draft ordinance now applies to the Department of Community Development as well as Police. Highlights of new definitions and enforcement regulations in the draft ordinance include: • Inclusion of commercial music (commercial establishments that produce music). • Definition of noise sensitive units (i.e.: church, school, hospital or public library). • Regulations based on plainly audible sounds, those which can be detected via unaided hearing (i.e.: sound that exists but cannot be measured by a noise meter or other applicable device). • Removed reference to public disturbance noise, and refer only to noise. • A more consistent, reliable and enforceable way to measure potential sound disturbances. • Change in penalties for ordinance violations; first and second offenses are civil penalties and will result in monetary fines, and a 3rd offense is a misdemeanor. This change may assist in reduce the court burden. Staff reviewed exemptions to the regulations, such as community events and sounds that happen during the daytime hours, and explained. available variances. Variances will exist for residential parties and a variance fee will be applicable and assessed, if the variance is granted. Sounds will be limited The Committee had a lengthy discussion regarding the criteria for residential variances including sound limits (i.e.: time, days and distance) and notification to abutting property owners when a variance has been granted. Staff will provide options for addressing these two concerns and the information will be presented to Council when this item moves forward to the COW. Staff reported that this ordinance will be sent to the Department of Ecology for review. STAFF TO PROVIDE REQUESTED INFORMATION. FORWARD TO APRIL 26 COW FOR DISCUSSION. III. MISCELLANEOUS Meeting adjourned at 5:49 p.m. Next meeting: Monday, March 22, 2010 — 5:00 p.m. — Conference Room #3 Committee Chair Approval Minutes by KAM. Reviewed by KS. • • City of Tukwila Community Affairs & Parks Committee O Joe Duffle, Chair O Joan Hernandez o Verna Seal Distribution: B. Giberson J. Pace J. Duffle M. Hart D. Speck J. Hernandez S. Hunstock R. Still V. Seal 5. Kerslake B. Arthur D. Robertson K. Kertzman C. Parrish Mayor Haggerton G. Labanara K. Narog S. Lancaster K. Matej S. Kirby E. Boykan M. Miotke S. Norris S. Brown C. O'Flaherty E. Boykan J. Ferrer -Santa Ines N. Olivas AGENDA MONDAY, APRIL 12, 2010, 5:00 PM Conference Room #3 ITEM RECOMMENDED ACTION Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Minor Home Repair Program for 2011; a. Forward to 4/26 C.O.W. Pg.1 Evelyn Boykan, Human Services Manager. and 5/3 Regular. b. Interlocal Agreement with King County related to b. Forward to 4/26 C.O.W. Pg.7 processing of building permits and land use applications for the Tukwila South annexation area; and 5/3 Regular. Jack Pace, Community Development Director. c. Noise Ordinance; Jack Pace, Community Development Director. c. Forward to 4/26 C.O.W. and 5/3 Regular. Pg.17 Next Scheduled Meeting: Monday, Apri/ 26, 2010 Committee Goals: * Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community. * Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods. * Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and/or property managers accountable for providing safe places to live through the implementation of a rental licensing program. * Formulate an Adopt -a -Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City. * Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (a/so assigned to F&S). * Research the viability of sponsoring a City-wide Citizens' Academy (a/so assigned to F&S). 46. The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206-433-1800 for assistance. TO: FROM: DATE: SUBJECT: • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Community Affairs and Parks Committee David Haynes, Chief of Police Jack Pace, Director, Department of Community Development April 12, 2010 Draft Noise Ordinance ISSUE Should the City update its noise ordinance? BACKGROUND The current noise ordinance was amended in 2002. The City's noise ordinance is confusing and difficult to enforce. Enforcement of noise regulations for public disturbance noises is difficult or impractical if the use of a noise measuring device is required. The variance process is time consuming, costly to the City, and frequently does not affect the outcome. In 2006, the Director of DCD wrote rules for processing noise variance requests, as allowed by the noise code. These rules for processing variance requests need to be revised and codified. There is no record of Department of Ecology approval for the existing noise code. In December 2009 staff provided the committee with an overview and update on our efforts to develop a draft noise ordinance. It was recommended that we return to the Committee with a draft ordinance. DISCUSSION The noise code contains regulations that are administered by the Police Department and the Department of Community Development. Although staff originally suggested that the Noise ordinance be divided into two separate and distinct sections based on which Department Administrator is designated, during the actual drafting of the ordinance, it became apparent that such separation would add confusion and not clarity. Therefore, the draft ordinance before you applies to both departments. The DCD Director issues variances and fields citizen complaints during the day; the Chief of Police is charged with enforcing the noise complaint sections of the code. Included with this staff report is a matrix comparing the current code with the new proposal. Outlined below is more information about the proposed changes. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 • Definitions (8.22.020): There are several new definitions and terms included in the new ordinance: 1. Administrator — DCD Director, Police Chief, or designees including the Hearing Examiner. The addition of "designees" gives the City flexibility and allows code enforcement to assist police with chronic offenses under a notice and order process. Specifying the Hearing Examiner clarifies that some noise code violations may proceed along that enforcement path. 2. Commercial music — music originating from or in connection with the operation of any commercial establishment or enterprise. Noise from commercial music that is plainly audible at a distance of 50 feet from the property line is a violation of this code. 3. Noise Sensitive Unit - a residence, school, church, hospital, or public library. Property in an industrial or commercial zone is not a noise sensitive unit unless it is occupied or used as a residence, school, church, hospital or public library. 4. Plainly audible — sound that can be heard. The City of Tacoma adds language to include "comprehensible musical rhythms" and "rhythmic bass", heard by someone with "unaided hearing faculties." This language has been added to the draft code. 5. Receiving property — the property within which the sound cannot be exceeded. The City of Tacoma adds "Individual offices or dwelling units within a building may constitute a receiving property". This language allows police to enforce within an apartment, condominium or office complex. This language has been added to the draft code. 6. Residential party - a social gathering held at a residence. Residential parties would be eligible to apply for a variance. 7. Sound Producing Source — anything capable of making sounds. Examples include: audio equipment, power tools, musical instruments, motor vehicle sound systems audible at 50 feet from the vehicle itself, and commercial music audible at 50 feet from the property line. Measurement of Sound (8.22.040): Verifying nuisance or "public disturbance" noises under our current code requires standards that are impractical or difficult to use in the field. The proposed changes to this part of the code are significant and yet establish a standard that is measurable and verifiable in the field without requiring anything more than a tape measure or laser measuring tool and the ability to hear. Our current code refers to the following methods of verifying a noise complaint: • The use of a noise meter to measure the decibel levels requires equipment, training, meter calibration and calculations to exclude ambient noise from the violation noise. Use of a noise meter is impractical and rarely used for public disturbance or nuisance noises. Police officers do not have access to a noise meter, nor are they trained to use one, to verify decibel levels in the field. Hiring an outside consultant to conduct the measurements is expensive and not always practical. Initials Page 2 of 4 06/28/201004/8612410 Z:\Noise Code\Noise CAP staff report (4-12-10).doc • • • If a noise meter is not used, the current code relies on subjective language to verify a violation: "... interferes with the peace, comfort and repose of owners or possessors of real property without regard to sound level measurement..." This standard proves difficult for police officers to defend in court because it does not use concrete or measurable standards. The new code gives options to determine if noise standards can be met and for verifying violations: Maximum permissible sound levels (8.22.050): The new code gives two standards to measure sound and determine if a violation exists. 1. It is a violation to exceed certain decibel levels based on the time of day, the zone of the source of sound, and the zone of the receiver. This allows projects using equipment with a known decibel level (WSDOT construction equipment for example) to determine if a variance is needed prior to starting a project. 2. It is also a violation to make a "plainly audible sound" from a "sound producing source". The plainly audible standard specifies distances and locations, which is useful to police officers in the field to verify the violation. The plainly audible standard has two components based on the zoning designation of the receiving property: In any district the following are violations: • A noise from a motor vehicle sound system at a distance of 50 feet from the vehicle itself. • Commercial music at a distance of 50 feet from the property line of the commercial establishment. • Any sound that is plainly audible inside a noise sensitive unit (a house, hospital, library, church or school that is not the source of the sound) during the nighttime hours. When receiving property is in a Residential district (LDR, MDR, HDR) an additional standard is imposed: • A noise from ANY sound producing source that can be heard at a distance of 50 feet from the exterior of the source of the sound; Our current code also references a 50 foot standard for certain motor vehicle noises, which we have incorporated in the new code. Exemptions (8.22.090 - 8.22.110) There are sounds which are exempt at all times — aircraft in flight, safety and protective devices, emergency equipment, city -sanctioned parades, sporting events and other public events, construction -related and maintenance Initials Page 3 of 4 06/28/201004/06/201{) Z:\Noise Code\Noise CAP staff report (4-12-10).doc noise (if the receiving property is located in a commercial or industrial district of the City), and others. There are sounds which are exempt only during daytime hours — bells, chimes, testing of emergency back-up generators, the firing range, construction -related and maintenance noise (if the receiving property is located in a residential zone) and others. Variances (8.22.120): Under the current code, variances to exceed the permissible noise levels require public notice to owners and all tenants within 1000' of the source of sound. The majority of noise variances are for nighttime construction projects on Interstate 5 which typically last only a few nights but may span a one year period. The notice requirements of the current code require staff to mail notices to many entities that will not be affected by the noise, such as commercial tenants not occupying their spaces at night and residents who are too far from the sound source to be disturbed. This noticing requires staff time and expense, and does not protect the health or welfare of the general public. The new code allows for notice only to those tenants affected by the noise, only when the noise is in excess of 30 days, and to a 500' area. The code also allows provisions for the Director to require additional noticing and mitigation in order to grant the variance. Variances will be processed based on the length of time the noise will be created. Variances less than 30 days will not require public notice as explained above and as permitted in the WAC. They are a fairly simple administrative decision. Variances for 31-60 days of noise will include public notice and an opportunity to comment prior to granting the variance. They are also an administrative decision. Variances for noise in excess of 60 days will require public notice and a public hearing before the Hearing Examiner. RECOMMENDATION Staff recommends forwarding this draft ordinance for consideration at the April 26, 2010 Committee of the Whole meeting (public hearing), and subsequent May 3, 2010 Regular meeting for adoption. Attachments: Noise Ordinance matrix Draft Noise Ordinance Draft Title 18 Ordinance Draft fee resolution Initials Page 4 of 4 06/28/20108416/20-14 Z:\Noise Code\Noise CAP staff report (4-12-10).doc TO: FROM: Jack Pace, DCD Directo Dave Haynes, Police Ch DATE: November 23, 2009 • City of Tukwila • Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and P rks Committee SUBJECT: Noise Ordinance Briefing ISSUE Should the City update its noise ordinance? BACKGROUND The current noise ordinance was amended in 2002. There are two distinct sections of the noise ordinance, with two different designated administrators. The DCD Director is the administrator of the variance process and the Chief of Police is the administrator for nuisance, public disturbance and vehicle noises. In 2006, the Director of DCD wrote rules for processing noise variance requests as allowed by the Noise code. The City's current noise ordinance is confusing and difficult to enforce. The variance process is lengthy and frequently unnecessary. The rules for processing variance requests need to be revised and codified. There is no record of Department of Ecology approval for the existing noise code. Enforcement of noise regulations for public disturbance noises is difficult or impractical if the use of a noise measuring device is required. DISCUSSION When considering revisions to the existing code, the first thing staff considered is separate the two sections of the code. By separating the sections, confusion is minimized, and processes and enforcement action are more clearly stated and understood. Variances (administered by DCD Director) There are three issues to be changed regarding variances: 1. The first has to do with how we provide public notice. Currently, every property owner and tenant within 1000' of a noise source receives notice. Properties that are not affected receive notice, (mall tenants for nighttime noise when the stores are closed, for instance). The variance process and notice is required for sounds that we must allow, such as freeway repair performed by WSDOT. In the new code, variances will be available for noise that exceeds permissible levels based on criteria evaluating the impacts and the means of managing the noise. The new code will allow staff to ask for mitigation measures. The new code permits the Director to Director to determine public notice and/or a public meetings are required. • • Community Affairs and Parks Committee Noise Ordinance briefing November 23, 2009 Page 2 2. The second issue involves codifying the procedures for processing variances that were written by the Director in 2006. These procedures, described above, are a supplemental document to the code and have not been codified. 3. The final issue cleans up an error in how our code was written. In our current code, we intended to outright exempt some sounds but a phrasing error only exempts these sounds from being public disturbances, not from exceeding noise levels. For example, construction noises at night were not exempt, including WSDOT repair work on the freeways. The new code exempts construction during the day and, with the simplified variance process, allows staff to ask for mitigation measures prior to approving nighttime construction, including repair or construction on the freeway. Public Disturbances/Nuisances (administered by Chief of Police) Under the current noise code, verifying nuisance or public disturbance noises requires standards that are impractical or difficult to use in the field. 1. Use of a noise meter to measure the decibel levels requires training, meter calibration and calculations to exclude "ambient" noise from the violation noise. Use of a noise meter is impractical and rarely used for public disturbance or nuisance noises. Hiring an outside consultant to conduct the measurements is expensive. 2. If a noise meter is not used, the current code relies on subjective language to prove a violation. "... interferes with the peace, comfort and repose of owners or possessors of real property without regard to sound level measurement." This standard proves difficult for police officers to enforce, as they are used to dealing with concrete or measurable violations. The proposed changes would establish a standard that is measurable and verifiable in the field without requiring anything more than a tape measure and the ability to hear. • The proposed standard defines "plainly audible" as "sound made by a sound -producing source that can be heard." • "Public disturbance noises" then include "any sound...that is plainly audible 50 feet from the source of the sound..." and also any sound that is "plainly audible inside a dwelling unit" between the hours of 10:00 pm — 7:00 am (nighttime). This change should give officers a more concrete measure of when a violation is occurring and reduce of the ambiguity of the current code. RECOMMENDATION ■ Next Step: Draft ordinance will be presented to CAP in February 2010. W:\Code EnforcelCode Enforcement Documents\KathyWoise Ordinance\Noise cap 2.doc • • Noise Ordinance (TMC 8.22) "Old Ordinance" "New Ordinance" 8.22.010 Policy - Findings of Special Conditions 8.22.010 Purpose Whereas statement addresses special conditions; new purpose is simplified and removes the requirement to use dB levels. 8.22.020 Definitions 8.22.020 Definitions Several additions and clarifications, for example: "Affected Tenant" for noticing purposes, only those commercial tenants who will experience the sound; "Noise Sensitive Unit" real property such as a home, school, or church; "Plainly Audible" means sounds that can be heard by an unaided human ear. 8.22.030 Environmental Sound Levels — Unlawful Sounds "It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property to intrude into the real property of another person, whenever such sound exceeds the maximum permissible sound levels established by this chapter." 8.22.050 Maximum permissible sound levels includes the following language: "It is a violation to produce sound in excess of the permissible sound levels established by this chapter" 8.22.040 Maximum permissible sound levels Chart referencing dB levels by district 8.22.050 Maximum permissible sound levels Section 1. Chart referencing dB levels by district and time of day. . Section 3. Adds an entirely new section to disallow sounds that are plainly audible based on distance from the sound source, district sound is received in, type of sound, and time of day. 8.22.050 Modifications to Maximum Permissible Sound Levels 8.22.050 Maximum permissible sound levels Section 2. Modifications are enumerated 8.22.060 Motor Vehicle Sound Levels - Created by Operation Section deleted at the request of Police Department. Requires the use of dB meter, which they do not have for every officer. 8.22.070 Muffler Requirements 8.22.060 Muffler requirements No change from previous 8.22.080 Modification of Motor Vehicles 8.22.070 Modification of motor vehicles Minor editing for clarity. No substantive change 8.22.090 Tire Noise 8.22.080 Tire noise No change from previous 8.22.100 Motor Vehicle Exemptions 1. Sounds created by motor vehicles are subject to the provisions of TMC 8.22.060 through 8.22.090 and are exempt from the maximum permissible sound levels of TMC 8.22.030 through 8.22.050; 2. Sounds created by any motor vehicles when the sounds are declared public disturbance noises pursuant to TMC 8.22.110; and 3. Sounds created by any motor vehicle operated off public highways when the sounds are received within a residential district of the City." 8.22.090 Motor vehicle exemptions 1. Updated TMC reference numbers. 2. Deleted references to public disturbance, noise 3. Vehicles operated off public highways reference moved to 8.22.050(3)(b); added a section addressing motor vehicle 4 systems operated anywhere are subject to the maximum permissible sound levels. 8.22.110 Public Disturbance Noises 8. Sounds from any motor vehicle audio sound system...audible at a distance greater than 50 feet... Deleted entire section. No distinction is now made between "public disturbance" and other noises. All noises in excess of the limits in this chapter are violations. 8.22.050 3a1 Max permissible sound levels. Page 1 of 4 Noise Ordinance (TMC 8.22 • 8.22.120 Exempted Noises "No sound source specifically exempted from a maximum permissible sound level by this chapter shall be a public disturbance noise, insofar as the particular source is exempted." Deleted entire section—this section caused the greatest problems in administering the code. Public disturbance noises were still subject to the maximum permissible sound levels. "Public disturbance" noises are not differentiated in our new code. 8.22.130 Sounds Exempt at All Times This new point was in the old section 8.22.150 which exempted it from the nighttime reduction of 8.22.050 (as does the WAC) but not exempt at all times. • (5) Sounds created by auxiliary equipment on motor vehicles used for highway maintenance. 8.22.100 Sounds exempt at all times Edited for clarity. Added the following (paraphrased): (9) sounds from electrical substations and other utilities. An electrical substation is subject to a CUP or UUP which will address the noise as part of the permit. Probably ought to correct this and return it to its former requirements—in process. (10) Sounds created by construction...when the receiving property is commercial or industrial. This was moved from the public disturbance section to this section with no substantive change in the allowance. (11) Maintenance equipment noise (lawnmowers, leaf blowers, etc) when receiving property is in commercial or industrial district Since the current and new code allows construction at all times in non-residential zones, it is sensible to also allow maintenance equipment. The old code allowed daytime residential maintenance equipment but was silent on commercial/industrial maintenance equipment. (12) Highway maintenance noise when the receiving property is in Commercial or Industrial district. The next section exempts all daytime highway construction noise. Also added language permitting the Administrator to require noise abatement technology subject to provisions of RCW 34.05 8.22.140 Sounds Exempt During Daytime Hours 8.22.110 Sounds Exempt during daytime hours Edited for clarity. Added the followinq (paraphrased): A. (6) Highway maintenance & construction noise A. (7) Testing of back up generators or other emergency equipment. Research revealed that back-up generator testing creates a substantially lower noise level than running the generator. Back-up generators are located throughout the City at every lift station, most public serve locations and some commercial businesses. The City has no record of ever receiving a noise complaint from. generator testing. Allowing daytime testing permits the situation that is currently in place. Testing typically occurs monthly. B. Same language as 8.22.100 regarding Administrator's ability to require installation of noise abatement technology 8.22.150 Sounds Exempt from Nighttime Reduction Entire section deleted. Page 2 of 4 • • Noise Ordinance (TMC 8.22) 8.22.160 Variance Procedure A -B. Allows variances and allows the director to promulgate rules for variances C -D. Variance criteria based on type of variance E. Extensions of variances (allowed for up to a year) F. Appeals of variance decisions 8.22.120 Variances (A) allows variances with minor language change. 8.22.030 B allows the director to promulgate rules with minor language changes. Eliminated this section. Variance criteria is the same for all variance types. 8.22.130 Extensions are allowed for up to the maximum time allowed based on the type of variance originally requested. This section also allows the administrator to require additional conditions, studies, and noticing. 8.22.120 Variances (C) Appeals are per Title 18. 8.22.120 (H) new section allows for revocation of a variance permit 8.22.170 Types of Variances Describes variance types as 60 days or Tess; variances for noise that cannot technically be controlled; and variances for noise that are cost prohibitive to control and require extended time to mitigate. 8.22.120 Variances B. Simplifies types of variances based on the number of days/nights noise will exceed the permitted sound levels in a one year period. 8.22.180 Variances - Administrator's Authority This is additional criteria for a variance. 8.22.120 Variances (E) establishes identical criteria for variances. 8.22.190 Authority of Administrator 8.22.030 General Powers of the Administrator 8.22.200 Duties of Administrator • Deleted entire section. • Some of the duties enumerated in the old code section are included under 8.22.030. (Promulgating rules, issuing violations) • Deleted references to the acquiring, training, and use of a sound meter; assisting citizens in evaluating and reducing noise impacts; evaluating noise components in planning and zoning actions; instituting a public education program on noise; reviewing the code every three years. 8.22.210 Measurement of Sound 8.22.040 Measurement of Sound Added language that clarifies that the use of a sound meter is not required to verify a noise complaint. 8.22.220 Measurement - Technical correction Deleted this section. Specifications for use of a sound meter are included in 8.22.040. 8.22.230 Receiving Properties Within More Than One District Deleted this section. 8.22.240 Enforcement — Civil 8.22.250 Right of Appeal - Civil Enforcement - Timeliness 8.22.260 Appeal Procedure - Civil Enforcement 8.22.270 Enforcement, Criminal - Sound Level Measurement Not Required 8.22.280 Penalties - Civil and Criminal 8.22.150 Violation — Penalty • Enforcement actions are referred to the City's Enforcement chapter TMC 8.45 for procedures. • Penalty amounts are included in the ordinance, as they are different than the penalty amounts in TMC 8.45. • Give administrator the ability to reduce monetary penalties if the violations have been remedied. • Specifies who is responsible for the violation. • Allows City to use any other remedies provided by law. 8.22.290 Provisions Not Exclusive - Public Nuisance Declared 8.22.300 Purpose - Liability 8.22.160 Liability 8.22.140 Fees for variances Establishes a fee for each of the 3 variance types based on similar permits in the land use fee schedule. Page 3 of 4 Noise Ordinance (TMC 8.22 • Director's Rules created 7/21/06. This document provides detailed procedures including but not limited to: • Variance Applications • Noticing • Public Meetings • Decision • Extension These rules were never codified. 8.22.150D Provides a revised list of application requirements 8.22.120B Notice is only required to go to those that will experience the noise (affected tenant exempts notice to' businesses not open when the variance is sought). Otherwise, notice is per Title 18 8.22.120B -C requires a public hearing before the Hearing Examiner pursuant to Title 18 8.22.150G Conditions based on impacts of noise, ability to control noise, and public comments 8.22.130 Extensions Page 4 of 4 • • City of Tukwila Department of Community Development Rule for processing Variance requests relating to the Noise Standards established by Chapter 8.22 Tukwila Municipal Code. References: Chapter 8.22, Tukwila Municipal Code Effective: July 24, 2006 I. Introduction Chapter 8.22 of the Tukwila Municipal Code (TMC) establishes limitations on the generation of noise within the City. It also establishes general procedures and criteria for considering requests for relief from strict adherence to the requirements of the Chapter (TMC 8.22.160 through 180). This Rule provides additional guidance regarding application for and processing of such variance requests, as authorized by TMC 8.22.160(A) and 8.22.200(4). II Definition of Terms Please refer to TMC 18.22.020 For the purposes of this Rule, the term "affected area" shall mean that geographic area within which the otherwise maximum permissible sound levels may be exceeded under the requested variance. III. Detailed Procedures Every application for a noise variance shall indicate whether the request is for a temporary variance, technical variance or economic variance. A. Temporary Variance (reference TMC 8.22.170(A)) 1. Application. An application for a Temporary Variance shall include the following information: a. A detailed description of the activities, processes and/or equipment to be covered by the requested variance, including the proposed starting date and duration of the requested variance and desired hours of operation. b. A description of the type of noise generated by the proposed activity, process and/or equipment (e.g. impulse, impact, scraping, continuous, etc.). c. Data regarding the anticipated sound levels associated with the activity, process and/or equipment to be covered by the proposed variance. This data shall be provided in decibels, using the A -weighted network (dB(A)) as measured at specified P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 1 of 8 • • distances from the source (every 100 feet throughout the affected area unless otherwise required by the Administrator). d. A map showing the location of the activity, process and/or equipment to be covered by the variance, and the affected area. The map shall legibly display property lines, street and highway rights-of-way and street names. Footprints of the residential and commercial structures within the affected area shall be shown and distances from the proposed activity shall be indicated. The Department of Community Development can assist by providing base map information. e. A description of measures proposed by the applicant to reduce noise impacts on surrounding properties, and an assessment of the anticipated effectiveness of such measures. f. An assessment demonstrating that the granting of a temporary variance will not annoy a substantial number of people and will not endanger public health or safety. g. An assessment demonstrating that the facts and conditions specified by TMC 8.22.180(A) exist. h. Mailing labels for every property owner and every tenant of property lying within 1000 feet of the location of the activity, process and/or equipment to be covered by the variance. Alternatively and at the discretion of the Administrator, the Department of Community Development may prepare the required mailing labels. Where impacts are reasonably expected to extend beyond 1000 feet, the Administrator may require a larger notification area. 2. Supplemental Information. The Administrator may, at any time prior to issuing a Notice of Decision, request additional information from the applicant that the Administrator deems reasonably necessary to a decision on the application. 3. Public Notice. The Department of Community Development shall cause public notice of the application to be provided as follows: a. The public notice shall provide a brief description of the variance request, including location, dates and times of day; b. The public notice shall indicate how interested persons can obtain additional information on the request, or provide comments or other information to be considered as part of the variance decision. c. The public notice shall indicate the date by which interested persons may submit written comments in order to be considered by the Administrator in making a decision, which date shall be no fewer than fourteen (14) days from the date the notice is mailed. d. The public notice shall be mailed to the addresses provided by the applicant or prepared by the Department under item Al h, above. P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 2 of 8 • • e. In addition to mailed notice, the Administrator may use additional public notification procedures, such as causing notice to be published on the City's website or posted at the site subject to the variance request. 4. Optional Public Meeting. The Department may conduct a public meeting for the purpose of ensuring that interested parties have accurate information regarding the variance request and the provisions of the Tukwila Municipal Code relating to the request. If a public meeting is held, staff from the Department of Community Development will provide information on the process and criteria for considering the variance request, the applicant will be given an opportunity to describe the proposed variance, and other participants will be given the opportunity to ask questions. 5. Staff Report. The Deputy Director of Community Development shall submit to the Administrator a report summarizing the application and any pertinent and available technical information bearing upon the Administrator's decision. This report may include a staff recommendation. 6. Decision. The Administrator's decision on a variance application shall be based upon the applicable provisions of Chapter 8.22 Tukwila Municipal Code. In formulating a decision, the Administrator shall consider the following: a. Information contained in the application and any supplemental information submitted. b. Written comments timely received from any interested party. c. Any applicable policies contained in the City of Tukwila Comprehensive Plan. d. The Staff Report prepared pursuant to item A5, above. 7. Administrator's Action. The Administrator shall issue a Notice of Decision, which shall be mailed to the applicant, any party who submitted written comments within the time frame specified under item A3c above, and any other party of record. The Notice of Decision shall document the Administrator's decision, describe the basis of the decision, and shall specify applicable appeal procedures. 8. Duration and Extension. A temporary noise variance may be granted for a period of up to 60 days. If granted for a shorter period, the holder of a variance may request one or more extensions, the total of the original variance and any extensions not to exceed 60 days. Any request for an extension shall be submitted in writing and received by the Administrator no later than 15 working days prior to expiration of the subject variance in order to be considered. B. Technical Variance (reference TMC 8.22.170(B)) 1. Application. An application for a Technical Variance shall include the following information: P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 3 of 8 a. A detailed description of the activities, processes and/or equipment to be covered by the requested variance, including the proposed starting date and duration of the requested variance and desired hours of operation. b. A description of the type of noise generated by the proposed activity, process and/or equipment (e.g. impulse, impact, scraping, continuous, etc.). c. Data regarding the anticipated sound levels associated with the activity, process and/or equipment to be covered by the proposed variance. This data shall be provided in decibels, using the A -weighted network (dB(A)) as measured at specified distances from the source (every 100 feet throughout the affected area unless otherwise required by the Administrator). d. A map showing the location of the activity, process and/or equipment to be covered by the variance, and the affected area. The map shall legibly display property lines, street and highway rights-of-way and street names. Footprints of the residential and commercial structures within the affected area shall be shown and distances from the proposed activity shall be indicated. The Department of Community Development can assist by providing base map information. e. A description of measures proposed by the applicant to reduce noise impacts on surrounding properties, and an assessment of the anticipated effectiveness of such measures. f. An assessment demonstrating that there is no practical means known or available for the adequate abatement or control of the noise involved. g. An assessment demonstrating that the facts and conditions specified by TMC 8.22.180(A) exist. h. Mailing labels for every property owner and every tenant of property lying withinE000 feet of the location of the activity, process and/or equipment to be covered by the variance. Alternatively and at the discretion of the Administrator, the Department of Community Development may prepare the jequ. ed mailing labels. Where impacts are reasonably expected to extend beyon1000 eet, the Administrator may require a larger notification area. �- 2. Supplemental Information. The Administrator may, at any time prior to issuing a Notice of Decision, request additional information from the applicant that the Administrator deems reasonably necessary to a decision on the application. 3. Public Notice. The Department of Community Development shall cause public notice of the application to be provided as follows: a. The public notice shall provide a brief description of the variance request, including location, dates and times of day; P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 4 of 8 b. The public notice shall indicate how interested persons can obtain additional information on the request, or provide comments or other information to be considered as part of the variance decision. c. The public notice shall indicate the date, time and location of a public hearing to be held as provided by B5, below. The notice shall also indicate the date by which interested persons may submit written comments in order to be considered by the Administrator in making a decision, which date shall be no fewer than fourteen (14) days from the date the notice is mailed, and no earlier than the date of the public hearing. d. The public notice shall be mailed to the addresses provided by the applicant or prepared by the Department under item B1 h, above. e. In addition to mailed notice, the Administrator may use additional public notification procedures, such as causing notice to be published on the City's website or posted at the site subject to the variance request. 4. Staff Report. The Deputy Director of Community Development shall submit to the Administrator a report summarizing the application and any pertinent and available technical information bearing upon the Administrator's decision. This report may include a staff recommendation. 5. Public Hearing. The Administrator shall conduct a public hearing for the purpose of taking testimony regarding the variance request and its relationship to the applicable provisions of the Tukwila Municipal Code and the Tukwila Comprehensive Plan. 6. Decision. The Administrator's decision on a Technical Variance application shall be based upon the applicable provisions of Chapter 8.22 Tukwila Municipal Code. In formulating a decision, the Administrator shall consider the following: a. Information contained in the application and any supplemental information submitted. b. Written comments received no later than the date specified in the public notice. c. Testimony received at the public hearing. c. Any applicable policies contained in the City of Tukwila Comprehensive Plan. d. The Staff Report prepared pursuant to item A4, above. 7. Administrator's Action. The Administrator shall issue a Notice of Decision, which shall be mailed to the applicant, any party who testified at the public hearing or submitted written comments within the time frame specified under item B6b above, and any other party of record. The Notice of Decision shall document the Administrator's decision, describe the basis of the decision, set forth any reporting requirements established pursuant to TMC 8.22.170, and shall specify applicable appeal procedures. P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 5 of 8 • • 8. Duration and Extension. A technical noise variance may be granted for a period of up to one year, plus a possible one year extension. Any request for an extension, stating the justification for the request, shall be submitted in writing and received by the Administrator no later than 60 days prior to expiration of the subject variance in order to be considered. The Administrator may request any information deemed necessary to the consideration of the extension, including but not limited to noise monitoring reports and an updated assessment demonstrating that there is no practical means known or available for the adequate abatement or control of the noise involved. C. Economic Variance (reference TMC 8.22.170(C)) 1. Application. An application for an economic variance shall include the following information: a. A detailed description of the activities, processes and/or equipment to be covered by the requested variance, including the proposed starting date and duration of the requested variance and desired hours of operation. b. A description of the type of noise generated by the proposed activity, process and/or equipment (e.g. impulse, impact, scraping, continuous, etc.). c. Data regarding the anticipated sound levels associated with the activity, process and/or equipment to be covered by the proposed variance. This data shall be provided in decibels, using the A -weighted network (dB(A)) as measured at specified distances from the source (every 100 feet throughout the affected area unless otherwise required by the Administrator). d. A map showing the location of the activity, process and/or equipment to be covered by the variance, and the affected area. The map shall legibly display property lines, street and highway rights-of-way and street names. Footprints of the residential and commercial structures within the affected area shall be shown and distances from the proposed activity shall be indicated. The Department of Community Development can assist by providing base map information. e. A description of measures proposed by the applicant to reduce noise impacts on surrounding properties, and an assessment of the anticipated effectiveness of such measures. f. An assessment demonstrating that compliance with the requirement or requirements from which the variance is sought will require the taking of measures that, because of their extent or cost, must be spread over a period of time. The application shall include a proposed schedule for implementing such measures. g. An assessment demonstrating that the facts and conditions specified by TMC 8.22.180(A) exist. h. Mailing labels for every property owner and every tenant of property lying within 1000 feet of the location of the activity, process and/or equipment to be covered by the variance. Alternatively and at the discretion of the Administrator, the Department of P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 6 of 8 • • Community Development may prepare the required mailing labels. Where impacts are reasonably expected to extend beyond 1000 feet, the Administrator may require a larger notification area. 2. Supplemental Information. The Administrator may, at any time prior to issuing a Notice of Decision, request additional information from the applicant that the Administrator deems reasonably necessary to a decision on the application. 3. Public Notice. The Department of Community Development shall cause public notice of the application to be provided as follows: a. The public notice shall provide a brief description of the variance request, including location, dates and times of day; b. The public notice shall indicate how interested persons can obtain additional information on the request, or provide comments or other information to be considered as part of the variance decision. c. The public notice shall indicate the date, time and location of a public hearing to be held as provided by B5, below. The notice shall also indicate the date by which interested persons may submit written comments in order to be considered by the Administrator in making a decision, which date shall be no fewer than fourteen (14) days from the date the notice is mailed, and no earlier than the date of the public hearing. d. The public notice shall be mailed to the addresses provided by the applicant or prepared by the Department under item B1 h, above. e. In addition to mailed notice, the Administrator may use additional public notification procedures, such as causing notice to be published on the City's website or posted at the site subject to the variance request. 4. Staff Report. The Deputy Director of Community Development shall submit to the Administrator a report summarizing the application and any pertinent and available technical information bearing upon the Administrator's decision. This report may include a staff recommendation. 5. Public Hearing. The Administrator shall conduct a public hearing for the purpose of taking testimony regarding the variance request and its relationship to the applicable provisions of the Tukwila Municipal Code and the Tukwila Comprehensive Plan. 6. Decision. The Administrator's decision on a Technical Variance application shall be based upon the applicable provisions of Chapter 8.22 Tukwila Municipal Code. In formulating a decision, the Administrator shall consider the following: a. Information contained in the application and any supplemental information submitted under item B2, above. b. Written comments received no later than the date specified in the public notice. P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 7 of 8 • • c. Testimony received at the public hearing. c. Any applicable policies contained in the City of Tukwila Comprehensive Plan. d. The Staff Report prepared pursuant to item A4, above. 7. Administrator's Action. The Administrator shall issue a Notice of Decision, which shall be mailed to the applicant, any party who testified at the public hearing or submitted written comments within the time frame specified under item C6b above, and any other party of record. The Notice of Decision shall document the Administrator's decision, describe the basis of the decision, and shall specify applicable appeal procedures. 8. Duratiod and Extension. An dconomic noise variance may be granted for a period of up to one year, plus a possible one year extension. Any request for an extension, stating the justification for the request, shall be submitted in writing and received by the Administrator no later than 60 days prior to expiration of the subject variance in order to be considered. The Administrator may request any information deemed necessary to the consideration of the extension, including but not limited to a noise monitoring report and an updated proposed schedule for implementing such measures as may be necessary to fully comply with the requirements of Chapter 8.22 TMC. APPROVED: DATE Steve Lancaster Director of Community Development P:\Planning Forms\Noise Variance Procedures.doc-sjl-Created on 07/21/06 Page 8 of 8 STATE OF WASHINGTON DEPARTMENT OF COMMERCE RCE 128 - 9t?= ,4ve1n110 SW • PFJ Box' 42525 • Olympia, Washington 98504-2525 • (36 )) 725-4000 00 July 13, 2010 Stacy MacGregor Assistant Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. MacGregor: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Adopted Ordinance 2293 - Regulations related to noise. These materials were received on July 12, 2010 and processed with the Material ID # 15885. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, fin Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services • • Page 1 of 2 Stacy MacGregor - Fwd: Acknowledgment Letter City of Tukwila Dev Reg and Expedited Review Submittal From: Stacy MacGregor To: reviewteam@commerce.wa.gov Date: 07/12/2010 1:05 PM Subject: Fwd: Acknowledgment Letter City of Tukwila Dev Reg and Expedited Review Submittal Attachments: Attached is the Council adopted noise ordinance. I am submitting it to you per the attached expedited review letter. The draft ordinance has also been sent tot he Department of Ecology for review. Please let me know if you have any questions. Stacy MacGregor, Assistant Planner 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday -Friday, 8:30 am - 5:00 pm `" Please consider the environment before printing this e-mail »> "Ritchey, Cynthia (COM)" <cynthia.ritchey@commerce.wa.gov> 02/22/2010 4:40 PM »> Attached is the acknowledgement Letter for your Development Regulation submittal. For more convenient and faster service please contact the Review Team at reviewteam(acommerce.wa.gov or call 360.725.3000 if you have any questions. REMINDER: We encourage you to submit materials for review via e-mail to reviewteam(acommerce.wa.gov All mailed submittals to the Department of Commerce, Growth Management Services should be mailed to: Review Team Growth Management Services PO Box 42525 Olympia WA 98504 Thank you and best regards, Cynthia Cynthia Ritchey 1 Office Assistant 3 1 Growth Management Services 1 360.725.30011 file://C:\Temp\XPgrpwise\4C3B 1317tuk-mail6300-po 1001783331178751\GW} 00001.H... 07/12/2010 • • The Department of Commerce operational hours are 7a to 6p, Monday through Thursday. APlease consider the environment before printing this e-mail Page 2 of 2 file://C:\Temp\XPgrpwise\4C3B 1317tuk-mail6300-po1001783331178751\GW} 00001.H... 07/12/2010 July 12, 2010 • City of Tukwila Jim Haggerton, Mavor Department of Conn nunity Development Jack Pace, Director Department of Ecology Office of Regulatory Assistance PO Box 47600 Olympia, WA 98504-7600 ATTN: Noise Ordinance Review Team In accordance with the R.C.W. 70-107-060 the City of Tukwila submits to the Director of the Department of Ecology an ordinance updating regulations relating to noise. We are providing you a copy of the ordinance regarding updates to Tukwila Municipal Code for a revised Noise Code for your review and approval. If you have any questions concerning this ordinance, please call Stacy MacGregor at 206-433-7166 or by email at SMacGregor@ci.tukwila.wa.us. ci.tukwila.wa.us. A public hearing has been held and the Tukwila City Council approved the submitted ordinance. This document is submitted on July 12, 2010. According to the R.C.W. 70-107-060(3), if the Department of Ecology fails to approve or disapprove of this ordinance within ninety days of submittal (October 11, 2010), said ordinance shall be deemed approved. Sincerely, Stacy Macgregor Assistant P1enn er Enclosure: Ordinance No. 2293 (Chapter 8.22 Noise) SM Page 1 of 1 07/12/2010 H:\Noise\letter to ecology.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila. Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 • Page 1 of 2 Stacy MacGregor - Re: Noise CAP Staff Report From: Bruce Linton To: Phi Huynh; Stacy MacGregor Date: 06/10/2010 10:18 AM Subject: Re: Noise CAP Staff Report CC: David Haynes; Donald Lincoln; Eric Dreyer Attachments: David Haynes; Donald Lincoln; Eric Dreyer Stacy, The Chief's office concurs with the staff recommendation as proposed. It appears that the new/proposed code meets the legal requirement of the WAC. The concerned citizen, Ms. Zaputil, is essentially asking the city to change the proposed noise ordinance based on a potential future problem and not for a problem that currently exists. It is difficult to legislate based on what can be perceived as a potential future problem. Research on related noise complaints do not support a change based Ms. Zaputil's request. Without being redundant, the Director retains the ability to require noise abatement for exempt sounds; therefore, if a future problem is encountered, he/she can affect mitigating measures. The following excerpt from the attached staff findings solidify the staff's recommendation: "The incidence of construction -related or maintenance equipment noise complaints in non-residential zones is non-existent. In the 12 months ending April 10, 2010, the City received 517 noise complaints through the police department. None of these complaints were for construction, highway construction or property maintenance noise that would be exempt under the new code. The new code also adds an allowance for the Director to require noise abatement even for exempt sounds. Ms. Zaputil's is requesting:a change to the proposed code to address a potential future problem not for a problem that currently exists." Bruce C. Linton Patrol Commander Tukwila Police Department blinton@ci.tukwila.wa.us Desk: (206) 431-2190 Cell: (206) 391-6279 FAX (206) 244-6181 »> Stacy MacGregor 06/09/2010 3:06 PM »> Hi Phi, We made some significant changes for clarity and send the ordinance on to Christy. Attached is the latest iteration for the Chief. Thanks! jtact� Stacy MacGregor, Assistant Planner 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday -Friday, 8:30 am - 5:00 pm file://C:\Temp\XPgrpwise\4C 1 OBBE7tuk-mail6300-po 1001783331173591 \GW } 00001.H... 06/10/2010 • Page 2 of `Please consider the environment before printing this e-mail »> Phi Huynh 06/09/2010 9:36 AM »> Hi Stacy, Chief Haynes was out sick yesterday so I forwarded your email on to our Patrol Acting Assistant Chief Bruce Linton to review the report and get back with you Thanks, Phi Police Department Administration Tel: 206-433-7175 ext 1175 Fax: 206-433-7197 »> Stacy MacGregor 06/08/2010 11:38 AM »> Attached is a draft of the CAP Staff Report which addresses Council's concerns regarding noise received by residential uses in non-residential zones. It needs to be with the City Clerk by tomorrow at noon. Forward me any comments. Thanks, Stacy 5tac9 Stacy MacGregor, Assistant Planner 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday -Friday, 8:30 am - 5:00 pm A, Please consider the environment before printine this e-mail file://C:\Temp\XPgrpwise\4C 1 OBBE7tuk-mail6300-po 1001783331173591\GW } 00001.H... 06/10/2010 Page.1 of 2 Stacy MacGregor - RE: Council Agenda From: "Escude, Laura" To: "Stacy MacGregor" Date: 05/03/2010 11:37 AM Subject: RE: Council Agenda I see looks good. Great job!! Laura From: Stacy MacGregor [mailto:smacgregor@ci.tukwila.wa.us] Sent: Monday, May 03, 2010 11:35 AM To: Escude, Laura Subject: RE: Council Agenda Nope, we didn't recommend any changes. The old code and the new code provide the same exemptions and the new code adds that noise at night can't be heard in a residence. If we have to do notice in commercial/industrial zones we are back to the same problems we had with the old code! jtac j Stacy MacGregor, Assistant Planner 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday -Friday, 8:30 am - 5:00 pm APlease consider the environment before printing this a -mail »> "Escude, Laura" <MussomL@wsdot.wa.gov> 05/03/2010 11:30 AM »> Just out of curiosity, were any changes after the testimony of the citizen with a mix use residence!! She want it notices.. is there any changes in that matter. Laura From: Stacy MacGregor [mailto:smacgregor@ci.tukwila.wa.us] Sent: Monday, May 03, 2010 11:25 AM To: Escude, Laura Subject: Council Agenda Laura, file://C:\Temp\XPgrpwise\4BDEB55Ctuk-mai16300-po 100178333116CB21 \GW 100001.... 05/03/2010 Page 2 of 2 Attached is the agenda packet for tonight's meeting. There is no public hearing tonight; the council will vote on the ordinances and may ask staff questions. Staff felt that WSDOT's concerns were addressed in the ordinance (see the attached memo). Let me know if you have any questions. Thanks for you support of the ordinance! Stacy Stacy Stacy MacGregor, Assistant Planner 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday -Friday, 8:30 am - 5:00 pm `'.Please consider the environment before printing this e-mail file://C:\Temp\XPgrpwise\4BDEB55Ctuk-mail6300-po 1001783331,16CB21 \GW 100001.... 05/03/2010 Page 1 of 1 Stacy MacGregor -15448, City of Tukwila, Expedited Review Granted, DevRegs From: "COM GMU Review Team" To: Date: 03/08/2010 8:59 AM Subject: 15448, City of Tukwila, Expedited Review Granted, DevRegs CC: "Fritzel, Anne (COM)" , "Andersen, Dave (COM)" Dear Ms. MacGregor: The City of Tukwila has been granted expedited review for the Proposed amendment to Tukwila Municipal code for an updated Noise Ordinance and repeal of the Chapter 8.22 Noise. This proposal was submitted for the required state agency review under RCW 36.70A.106. As of receipt of this email, the City of Tukwila has met the Growth Management Act notice to state agency requirements in RCW 36.70A.106 for this submittal. For the purpose of documentation, please keep this email as confirmation. If you have any questions, please contact Carrie Calleja at 360.725.3067 or by email at carrie.calleja@commerce.wa.gov. Thank you. Review Team, Growth Management Services Department of Commerce P.O. Box 42525 Olympia WA 98504-2525 (360) 725-3000 FAX (360) 664-3123 file://C:\Temp\XPgrpwise\4B94BC62tuk-mail6300-po 100178333116 271 \G W ; 00001.H... 03/08/2010 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128 - 10' Avenue SW • PO Box 42525 • +Olymphi, Was101(1ton 98504.2525 • (360) 7254000 February 22, 2010 Stacy MacGregor Assistant Planner City of Tukwila 6300 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. MacGregor: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that-ya have met this procedural requirement. -' -ie- City of Tukwila - Proposed amendment to Tukwila Municipakcode for an updated Noise Ordinance and repeal of the Chapter 8.22 Noise. These materials were received on February 19, 2010 and processed with the material ID # 15448. Expedited Review is requested under RCW 36.70A.106(3)(b). If this submitted material is an adopted amendment/then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment requesting expedited review, then we have forwarded a copy of this notice to other state agencies for expedited review and comment. If one or more state agencies indicate that they will be commenting, then Commerce will deny expedited review and the standard 60 -day review period (from date received) will apply. Commerce will notify you by e-mail regarding of approval or denial of your expedited review request. If approved for expedited review, then final adoption may occur no earlier than fifteen calendar days after the original date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, 1 f /? f r G> Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services February 19, 2010 • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director Growth Management Services Department of Community, Trade and Economic Development PO Box 42525 906 Columbia St. SW Olympia, WA 98504-8350 Attn: Review Team: In accordance with the RCW 36.70A.106 City of Tukwila notifies Department of Commerce (formerly the Department of Community, Trade and Economic Development) of the intent to adopt amendments to its development regulations. A public hearing has been tentatively scheduled for March 22, 2010 where the City Council will review staff's recommendations and the planned date of adoption is April 5, 2010. We are providing you an electronic copy of the proposed ordinance regarding updates to Tukwila Municipal Code for a revised Noise Code. If you have any questions concerning these ordinance, please call Stacy MacGregor at 206-433-7166. Sincerely, Signature on file Stacy MacGregor Assistant Planner Enclosure: Draft Ordinance SM H:\Noise\E10-004\CTED Ietter.doc Page 1 of 1 02/19/2010 6300 Southccnicr Boulevard, Suite #100 • Tukwila, Washington 98/88 • Phone 206-431-3670 • Fax: 206-431-3665 washington state department of community, trade and economic development Request for Expedited Review of Development Regulations Pursuant to RCW 36.70A.106, the following hereby provides notice of intent to adopt and requests expedited state agency review of the following development regulation or amendments. Jurisdiction Name: City of Tukwila Address: 6300 Southcenter Blvd, Tukwila WA 98188 Date: February 19, 2010 Contact Name for Ordinance: Stacy MacGregor Phone Number. 206-433-7166 Fax Number: 206-431-3665 E -Mail Address: smacgregor@ci.tukwila.wa.us Brief Description of the Proposed Development Regulation or • Amendment• Amendment to Tukwila Municipal Code for an updated Noise Ordinance and repeal of the Chapter 8.22 Noise. Planned Public Hearing Date: City Council Public Hearing March 22, 2010 Planned Date of Adoption: April 5, 2010. Please Attach a Draft of the Proposed Amendment. (Attachment Required) Draft Ordinance attached. Page 1 of 1 Stacy MacGregor - Expedited review requested- Tukwila development regulations From: To: Date: Subject: Attachments: Stacy MacGregor reviewteam@cted.wa.gov 02/19/2010 10:03 AM Expedited review requested- Tukwila development regulations Review Team Members, In accordance with the RCW 36.70A.160 City of Tukwila notifies Department of Commerce of the intent to adopt amendments to its development regulations. The nature of the proposed amendment is an updated Noise Ordinance. The Noise Ordinance is currently scheduled for adoption on April 5, 2010 but requires final approval from the Department of Ecology before it can become effective. We are requesting an expedited review. Attached is the cover letter, request for expedited review form and the draft ordinance. Please review and let me know if you need anything else. Thank you. Stacy Stacy MacGregor, Assistant Planner 206.433.7166 City of Tukwila, 6300 Southcenter Blvd, Tukwila, WA 98188 Monday -Friday, 8:30 am - 5:00 pm `p Please consider the euvuonment before printing this e-mail file://C:\Temp\XPgrpwise\4B7E61 E6tuk-mai16300-po 100178333115F7C 1\GW }00001. H... 02/19/2010