HomeMy WebLinkAboutCOW 2011-08-08 Item 3B - Shoreline Master Program - Complete PacketCO UNCIL AGENDA SYNOPSIS
Meeting Date Prepared by
6/27/11 I CL
7/25/11 I CL
8/08/11 I CL
8/15/11 I CL
Initials ITEM NO.
Mayors review Council review
LAM
3.B.
ITEM INFORMATION
I CAS NUMBF-R: 11 -064 (STAFF SPONSOR: JACK PACE ORIGINALAGENDA DATI 6/27/11
AGENDA ITI TrrLI- Department of Ecology (Ecology) Required Changes to Tukwila Shoreline Master
Program (SMP)
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
Discussion Motion Resolution Ordinances Bid Award Public Hearing Vo kSession
,A/It g Date 6 -271 �qtg Date Mig Date Mtg Date 8115111 Mtg Date tllltg Date 6- 2717 -25 Mtg Date 5111111
7- 25/8 -8
Council Mayor HR DCD Finance Fire IT P&R- Police PWI
Rry a �c rD BY
Ecology requires changes to the City's SMP and implementing regulations before the SMP
can receive state approval. The required changes include adding: more detailed maps, a
use matrix, an aquatic shoreline environment, sign standards; modifying certain permitted
uses; and clarifying building height standards. A public hearing was opened 6 -27 -11
continued to 7 -25 -11 for testimony on the required changes; the hearing was closed and
staff directed to identify housekeeping items within the scope of DOE's changes.
COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05 -11 -11 WORK SESSION COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMI'1 fFM Consensus to Move Forward to Public Hearing
COST IMPACT FUND SOURCE
ExPI NDITUR:E RI3QUIRIsD AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source:
Conzznents:
I MTG.DATEI RECORD OF COUNCIL ACTION
5/11/11 Council Work Session on Ecology Required and Recommended Changes to SMP
6/27/11 Public Hearing on SMP ordinances; Council continued public hearing to7/25/11
7/25/11 Public Hearing reconvened, testimony accepted, public hearing closed, forward to 8/8/11
MTG. DATE I ATTACHMENTS
8/08/11 I Informational Memorandum dated 8/3/11
Updated Preliminary List of Housekeeping Items to date
Updated Summary of Testimony from 6/27/11 and 7/25/11 Public Hearings
Revised Ordinance Repealing Ordinance 2269 adopting a new SMP
Revised Ordinance Repealing Ordinance 2270 adopting shoreline goals and policies
Revised Ordinance Repealing Ordinance 2271 establishing new shoreline regulations
Revised Ordinance Repealing Ordinance 2272 establishing definitions
21
22
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
ISSUE
Mayor Haggerton
Members of the City Council
Jack Pace, Community Development Director
August 3, 2011
Council Committee of the Whole Meeting on Ecology Required and
Recommended Revisions to City Adopted Shoreline Master Program
Should the City adopt new ordinances incorporating the Department of Ecology required and
some recommended changes to the Shoreline Master Program as well as housekeeping items
that fall within the scope of the Ecology required or recommended changes?
BACKGROUND
Adoption of a local jurisdiction's shoreline master program is a joint effort between that
jurisdiction and the Washington Department of Ecology (DOE). After a multi -year process, the
Tukwila City Council adopted a new Shoreline Master Program (SMP) on December 14, 2009.
The SMP was then submitted to the Department of Ecology for its review and approval on
January 22, 2010.
The Department of Ecology conducted its own review process on the City's SMP and then
notified the City of required and recommended changes to the SMP in order to receive state
approval. These changes are generally technical in nature. The City Council held a work
session on May 11, 2011 to review the required and recommended changes.
A public hearing was opened on June 27, 2011 and closed on July 25, 2011 on four draft
ordinances that would incorporate the Ecology required and some recommended changes. The
required and recommended changes are the same changes that were reflected in the materials
the Council received for the May 11, 2011 work session.
Staff identified a group of housekeeping corrections to the Shoreline Master Program since
receiving the Ecology required and recommended changes to the SMP typographical errors
as well as some required changes from Ecology that need clarifying or modification. This
housekeeping list was provided to the Council in its July 25, 2011 packet. After the close of the
public hearing on July 25 staff was directed to work with Ecology staff to identify which of the
housekeeping items are within the scope of the changes required by Ecology and provide that
information for the August 8, 2011 meeting. Ecology staff indicated that housekeeping changes
that are related to an Ecology required or recommended change would be reviewed more
quickly than those changes that are outside the scope, such as revisions to shoreline buffer
widths or changes to the nonconforming provisions of the SMP.
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23
August 8, 2011 City Council Meeting
Informational Memo
August 3, 2011
DISCUSSION
After review of the revised housekeeping changes list, the Council has several options:
1. Adopt four ordinances to incorporate only those Ecology required and recommended
changes that have been discussed to -date and re -visit the SMP in one year to make
housekeeping changes and to consider other changes to the SMP. This option involves
no additional Ecology review time.
2. Adopt four ordinances to incorporate not only the Ecology required and recommended
changes, but also the housekeeping items that fall within the scope of these
required /recommended changes. This option involves additional Ecology review time,
however Ecology staff have committed to review the revisions as quickly as possible.
3. Make additional revisions to the four ordinances that go beyond the Ecology required
and recommended changes and housekeeping items that are beyond the scope of the
Ecology required /recommended changes. This option will require substantial additional
Ecology review time and will trigger a new review of the SMP to ensure there is no net
loss of shoreline ecological function by the proposed changes.
As stated by the representative from the Department of Ecology at the July 25, 2011 hearing,
any revisions to the Ecology required and recommended changes will necessitate another
round of review by Ecology. How long this review takes depends on the scope of the changes
approved by the Council.
RECOMMENDATION
Staff recommends moving the four new ordinances (Option #2 above), revised in strike through
underline format, to reflect the housekeeping changes that are within the scope of Ecology's
required and recommended changes to the August 15, 2011 Regular meeting for adoption.
ATTACHMENTS
Updated Preliminary List of Housekeeping Items Identified to date;
Updated Summary of Testimony Received June 27 and July 25, 2011;
Revised Ordinance repealing Ordinance 2269, and adopting a new shoreline master
program (Note: the ordinance in the 8 -8 -11 Council packet does not have a set of the
shoreline environment color quarter section maps (which have no changes) these
were included in your 6 -27 -11 Council packet —Staff will have a reference copy of the
maps at the meeting.)
Revised Ordinance repealing Ordinance 2270, and adopting shoreline comprehensive
plan goals and policies;
Revised Ordinance repealing Ordinance 2271, and establishing a new shoreline overlay
district, as codified in TMC 18.44; and
Revised Ordinance repealing Ordinance 2272, and establishing definitions, as codified in
TMC 18.06.
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01
SMP HOUSEKEEPING ITEMS
ITEM DOCUMENT PAGE CORRECTION EXPLANATION
Definitions SMP, Section 3
18.06
11
Revise definition of
"accessory use" to
match definition in
zoning code.
The definition required
by Ecology goes
beyond the typical
definition of an
accessory use the
SMA does not define
accessory use nor does
the WAC
implementing the
SMA.
Technical correction:
FEMA has delayed
adoption of new Flood
Insurance Rate Maps,
so text should be
revised to be more
general in its reference
to the FIRM.
Technical correction:
Cross valley levee is not
being moved south to S.
200` street.
Technical correction:
The text in the table is
incorrect since one of the
Ecology required
changes is to add an
Aquatic Environment to
the City's SMP.
Technical correction:
Adding a bullet will
correctly identify the
shoreline environments
in the City's SMP.
This will remind users of
the SMP of the shoreline
variance process.
FIRM maps SMP, Section 4
Flood text SMP, Section 4
Table 2 SMP, Section 7
Section 7.4 SMP, Section 7
21 Correct text to reflect
current status of the
new Flood Insurance
Rate Maps (FIRM)
22 Remove reference to
moving cross valley
levee in Tukwila South
area
52 Correct Table 2 to
reflect the addition of
an Aquatic
Environment and its
applicability to Tukwila
53 Add bullet "Aquatic
Environment" to list of
shoreline environments
in Tukwila
Sections 7.7 SMP, Section 7 70 and 72 Add sentence that
and 7.8 acknowledges that the
shoreline variance
process is available for
properties that due to
unusual shape or
configuration cannot
meet specific SMP
bulk, dimensional or
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08/03/20119:20:02 AM
WITHIN SCOPE
OF ECOLOGY
REQUIRED
CHANGES?
YES
YES
YES
YES
YES
NO
25
SMP HOUSEKEEPING ITEMS
ITEM DOCUMENT PAGE CORRECTION EXPLANATION
Use Matrix SMP, Section 8,
Use Matrix 18.44.030
Use Matrix SMP, Section 8
Use Matrix TMC 18.44.030
Use Matrix SMP, Section 8
Permitted
Uses
Buffer
Aquatic
Environ-
ment
SMP (Sections
8.4, 8.6, 8.8) and
TMC 18.44
SMP, Section 8.7
75
N/A
75
N/A
75
78, 81, 83
86
performance standards.
Under Commercial,
Aquatic Environment
change the "X" to "P"
to permit water- oriented
uses in the Aquatic
Environment
Same correction as
above
Remove footnote 8
from the Commercial
and Industrial Permitted
Use categories in the
Urban Conservancy
Environment
Same correction as
noted above
Remove reference to
footnote 5 from the
Aquatic Environment,
Essential Public Facility
(Nonwater Dependent)
Permit recreational
structures larger than 25
sq. ft.
Remove the prohibition
for live aboards from
the Aquatic
Environment
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This corrects a
typographical error.
This corrects a
typographical error.
Clarifvinl? lan2uaae: The
character of the Urban
Conservancy
Environment in Tukwila
is such that establishing
water oriented uses is
difficult or impossible
(over- steepened banks or
levees, non navigable
waters) so applying the
test of this footnote does
not make sense.
Same explanation as
noted above
Tynosrap error:
Footnote 5 states a use is
permitted only if it is
water dependent by
definition a non -water
dependent essential
public facility is not
water dependent,
therefore application of
this footnote is incorrect.
25 sq. feet is not large
enough for some
structures that want to
locate in the buffer, such
as a viewing platform.
TVDOuaDhlcal error: The
prohibition on live
aboards conflicts with the
Use Matrix, which
permits live aboards.
The intent was to permit
live aboards under
08/03/20119:20:02 AM
WITHIN SCOPE
OF ECOLOGY
REQUIRED
CHANGES?
YES
YES
rid 601
YES
YES
NO
YES
7
SMP HOUSEKEEPING ITEMS
ITEM
Environ-
mentally
Sensitive
Areas Within
the Shoreline
Jurisdiction
Public
Access
Noncon-
forming
Structures
DOCUMENT PAGE
SMP, Section 10 SMP 113
and TMC 18.44 135
SMP, Section 11
and TMC 18.44
SMP 142
SMP, Section
14.5 C.2.
TMC 18.44
SMP 161
CORRECTION
Housekeeping
corrections to make this
section consistent with
the City's SAO.
Section 11.5 D 1.
Replace "significant"
with the word
"substantial" which is
the correct word to use
per RCW 90.58.320
Revise 14.5 C.2. to read
as follows:
For a nonconforming
structure, special
economic circumstances
prevent the lease or sale
of said structure within
24 months, or the
application for a
building permit within
12 months for structures
destroved by anv
accidental means: and
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EXPLANATION
certain circumstances,
applying the standards
found in Section 9.9.12
E.
Technical correction:
The City's SAO was
revised by the Council in
2010 —the environmental
regulations in the SMP
should match those
applied to other areas of
the City.
Tvpoaranhical error:
This is a wording error
from the Department of
Ecology's required
changes text.
Adding this language
would recognize that due
to special economic
circumstances it may not
be possible to apply for a
building permit within 12
months of a
nonconforming structure
being destroyed. The
applicant would be
required to restore or
enhance the shoreline
buffer in return for
receiving a time
extension.
08/03/20119:20:02 AM
WITHIN SCOPE
OF ECOLOGY
REQUIRED
CHANGES?
06j
YES
0161
27
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ATTACHMENT A TO ISSUE SUMMARY
TO: Jim Haggerton, Mayor
Members of the City Council
Rhonda Berry, City Administrator
FROM: Shelley Kerslake, City Attorney
Kari Sand, Assistant City Attorney
DATE: October b, 2009
RE: Shoreline Master Plan Non conformities and Banking Regulations
Michael R. Kenyon
Bruce L Disend
Shelley M. Kerslake
Sandra S. Meadowcroft
Kari L Sand
Chris D Bacha
Margaret J. King
Bob C.Sterbank
Steve 1. Victor
Renee G.Walls
Sara B. Springer
As currently proposed, the City's Shoreline Master Plan ("SMP") update may cause some
existing structures along the Green/Duwamish River to obtain non conforming status under local
zoning regulations. Potentially affected property owners have raised concerns that this non-
conforming status will adversely affect their ability to use their real property as collateral to
obtain credit or loans from banks and other lenders.
I. OUESTION PRESENTED
Whether non conforming status adversely affects a property owner's ability to use his or
her real property as collateral to obtain credit or loans from banks and other lenders.
H. ANALYSIS
To determine whether banks are less inclined to extend credit or issue loans against non-
conforming structures, we inquired at numerous local lending institutions. Most banking
officials we contacted indicated that it is difficult to generalize in this context; however, in terms
of procedure, most banks establish their own set of underwriting guidelines that are reviewed and
updated regularly, typically quarterly. Over the past year, due to the weakened economy, most
underwriting guidelines have steadily tightened, resulting in more stringent loan qualification
criteria and procedures.
There are numerous criteria that banks consider when evaluating loan applications, such
as, the creditworthiness of the applicant, loan -to -value ratios, and whether the applicant has an
established lending history with the bank. Certain "anomalies," such as a non conforming
structure, may fall outside of a bank's loan underwriting guidelines. This does not necessarily
mean, however, that a bank will reject the loan application. The bank may require a zoning
Kenyan Disend. PLLC I The Municipal Law Firm I I 1 front Street South I Issaquah.WA 98027 -3820 I Tel: (425) 392 -7090 I Fax: (425) 392 -7071 I www.kenyondisend.com
G
opinion letter, which Tukwila planning staff prepare upon request, to address underwriting
concerns. Examples of underwriting concerns include whether a non conforming structure is
allowed to rebuild after a catastrophic event (e.g., a fire), and whether any timing, square footage
limitations or other zoning restrictions apply in the event of a rebuild scenario. These letters
assist the lender in assessing the risks associated with a particular loan application and are just
one of many factors considered.
III. CONCLUSION
The "bottom line" is that it appears there is no "one -size- fits -all" answer in the lending
world, and each bank will apply its own set of criteria based upon a careful review of the unique
facts and circumstances presented by an individual borrower. Thus, creating non conforming
structures through City regulation is not a blanket hindrance to financing. If that were the case,
cities would never change their codes to create non conformities.
Should you have further questions regarding this topic, I may be reached at (206) 433-
1846 or skerslake1@ci.tukwila.wa.us.
I There was some testimony at the public hearing regarding, a question on loan applications asking whether the
property was conforming or not. No bank confirmed that this was an issue at the application stage. Reber, the
banks indicated that the conformity they were looking at was whether the loan was a jumbo loan or a "conforming
loam"
-2-
F:IAPPSICMTUKW[LAW emd1MEM0 SMP Uphte -Non wararWag strnqures.doclW10106M4
i s
Attachment B Joe Desimone 07/12/11 mtg
With City Staff RECEIVED
SUMMARY OF PROPOSED SMP AMENDMENTS 'JUL 14 20fl
COMMUNM
Modification of Water Oriented Use Preference for Commercial/Industrial Properties
North of 126th: Properties north of I -5 that devoted to commercial/industrial uses are not
appropriate for water enjoyment uses. The following amendment provides for consistency
between uses as provided for in Tukwila comprehensive plan policies 11.1.4, 11.1.5. The
amendment also meets the requirement under county planning policy LU -52, b, which
discourages incompatible uses in areas that have been designated manufacturing and Industrial,
centers, MIC
Amend note 8 in the Shoreline Use Matrix, Section 8.3, as follows:
Nonwater- oriented uses may be allowed as a permitted use where
the City determines that water dependent or water enjoyment use
of the shoreline is not feasible due to the configuration of the
shoreline and water body, except that for industrial/commercial
properties north of 1-5• the City need only demonstrate that water
dependent uses are not feasible.
Buffer Reduction for Habitat Restoration and Public Shoreline Access: Shoreline properties
with habitat restoration projects or which provide enhanced public shoreline access would be
eligible for a 35% buffer reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard stream buffer on a
case -by -case basis by up to 35% on a shoreline property on which
a habitat restoration project has been completed or on which the
property owner provides public access that exceeds the public
access standards and incentives in Section 11. So long as the
reduced buffers do not cause any net loss to shoreline functions
and values.
Buffer Reduction for Narrow Properties: Shoreline parcels that would lose a substantial
proportion of their area to the expanded buffers in the SW would be allowed a 35% buffer
reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard buffer on a case
by -case basis on non levied properties by up to 35% on a shoreline
parcel in the buffer area exceeds one -third of the total area of the
►E
parcel. So long as the reduced buffers do not cause any net loss to
shoreline function and values.
Use of Zoning Code Definition of Accessory Use: The DOE adds a definition of accessory use
that is different than the one in the zoning code. This proposed amendment would replace the
DOE definition with the Tukwila zoning code definition for accessory uses. This amendment
provides for consistency for the definition of Accessory uses within Tukwila's codes
Amend the definition of "Accessory Use" in Section 3 as follows:
Accessory use: An accessory use is a use
incidental and subordinate to the principle use and located on the
same lot or in the same building as the principAl use. Am aeoessery
t a nd e pa fabl m oth uses i
two
use M ""r
it�t �Aeinity.
Parking as a Permitted Use: The DOE required use matrix limits parking areas in
commercial/industrial shoreline environments to the minimum necessary to support permitted or
conditional uses. The proposed amendment would restore parking area uses as permitted by the
underlying commercial/industrial zoning.
Amend the Shoreline Use Matrix, Section 8.3, by removing the use category "Parking
Accessory" from the Use Matrix.
Extension of Time to Obtain Permits to Reconstruct Non Conforming Structure
Accidentally Destroyed. The nonconforming uses and structures can be vacant for up to 24
months whereas for a structure that is accidentally destroyed, a permit application must be filed
within 12 months. Economic conditions may require a longer time period for applying for
reconstruction permits. The proposed amendment would make all time periods consistent at 24
months.
Amend Section 14.5(B)(2) as follows:
Should such structure be destroyed by any accidental means the
structure may be reconstructed to its original dimensions and
location on the lot provided application is made for permits within
Wifelve H- 4 24 months of the date the damage occurred and all
reconstruction is completed within two years of permit issuance. In
the event that the property is redeveloped, such redevelopment
must be in conformity with the provisions of this SMP.
42
Attachment C 07/19/11
Desimone Proposed Language Revisions RECEIVED
SUMMARY OF PROPOSED SMP AMENDMENTS JUG' 19 2011
COMMu
DEVELOPMEN
T
Modification of Water Oriented Use Preference for Commercial/Industrial Properties
North of 126th: Properties north of I -5 that devoted to commercial/industrial uses are not
appropriate for water enjoyment uses. The following amendment provides for consistency
between uses as provided for in Tukwila comprehensive plan policies IL 1.4, 11.1.5. The
amendment also meets the requirement under county planning policy LU -52, b, which
discourages incompatible uses in areas that have been designated manufacturing and Industrial,
centers, MIC
Amend note 8 in the Shoreline Use Matrix, Section 8.3, as follows:
Nonwater- oriented uses may be allowed as a permitted use where
the City determines that water dependent or water enjoyment use
of the shoreline is not feasible due to the configuration of the
shoreline and water body., except that for industrial/commercial
properties north of 1 -5, the C� need only demonstrate that water
dependent uses allowed by the underlining zoning are not feasible.
Buffer Reduction for Habitat Restoration and Public Shoreline Access: Shoreline properties
with habitat restoration projects or which provide enhanced public shoreline access would be
eligible for a 35% buffer reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard stream buffer on a
case -by -case basis by up to 35% on a shoreline property on which
a habitat restoration project has been completed or on which the
property owner provides public access that exceeds the public
access standards and incentives in Section 11.
So long as the reduced buffers do not cause any net loss to
shoreline functions and values and that the buffer reductions will
not result in any adverse impacts to river. If the existing buffer is
vegetated a buffer enhancement plan may be required to
demonstrate how functions and values of the buffer and river will
be improved. If the buffer is not vegetated or has been disturbed
the enhancement plan shall be required to show how the measures
will improve and enhance the buffers function and values while
providing additional protection to the river. All enhancement plans
are subject to approval of the planning director.
43
Buffer Reduction for Narrow Properties: Shoreline parcels that would lose a substantial
proportion of their area to the expanded buffers in the SMP would be allowed a 35% buffer
reduction.
Amend Table 3 and Section 7.7 and 7.8 to add the following:
The Planning Director may reduce the standard buffer on a case
by -case basis on non levied properties by up to 35% on a shoreline
parcel in the buffer area exceeds one -third of the total area of the
parcel. So long as the reduced buffers do not cause any net loss to
shoreline function and values and that the buffer reductions not
result in any adverse impacts to the river. If existing buffer is
vegetated a buffer enhancement plan shall be required to
demonstrate how functions and values of the buffer and river shall
be improved. If the buffer is not vegetated or has been disturbed
the enhancement plan shall be required to how the measures will
improve and enhance the buffers functions and values while
providing additional protection to the river. All enhancement plans
are subject to approval of the planning director.
Use of Zoning Code Definition of Accessory Use: The DOE adds a definition of accessory use
that is different than the one in the zoning code. This proposed amendment would replace the
DOE definition with the Tukwila zoning code definition for accessory uses. This amendment
provides for consistency for the definition of Accessory uses within Tukwila's codes
Amend the definition of "Accessory Use" in Section 3 as follows:
Accessory use: An accessory use is a use
incidental and subordinate to the principle use and located on the
same lot or in the same building as the principAl use. I B ey
inune
Parking as a Permitted Use: The DOE required use matrix limits parking areas in
commercial/industrial shoreline environments to the minimum necessary to support permitted or
conditional uses. The proposed amendment would restore parking area uses as permitted by the
underlying commercial/industrial zoning.
Amend the Shoreline Use Matrix, Section 8.3, by removing the use category "Parking
Accessory" from the Use Matrix.
Extension of Time to Obtain Permits to Reconstruct Non Conforming Structure
Accidentally Destroyed. The nonconforming uses and structures can be vacant for up to 24
months whereas for a structure that is accidentally destroyed, a permit application must be filed
within 12 months. Economic conditions may require a longer time period for applying for
reconstruction permits. The proposed amendment would make all time periods consistent at 24
months.
Amend Section 14.5(B)(2) as follows:
Should such structure be destroyed by any accidental means the
structure may be reconstructed to its original dimensions and
location on the lot provided application is made for permits within
twelve (12) 24 months of the date the damage occurred and all
reconstruction is completed within two years of permit issuance. In
the event that the property is redeveloped, such redevelopment
must be in conformity with the provisions of this SMP.
45
m
1.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2269;
REPEALING 1995 SHORELINE MASTER PROGRAM; APPROVING
AND ADOPTING A NEW SHORELINE MASTER PROGRAM
UPDATE FOR THE CITY OF TUKWILA TO INCORPORATE NEW
STATE REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the
goals and policies of the Growth Management Act of 1990 and the King County County-
wide Planning Policies; and
WHEREAS, the Green /Duwamish River, a shoreline of the State regulated
pursuant to RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, due to the presence of the Green /Duwamish River in the City, the 1995
Comprehensive Plan included policies addressing shorelines; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that
shorelines of the State are among the most valuable and fragile of its natural resources
and unrestricted construction on privately- and publicly -owned shorelines of the State is
not in the best public interest; and
WHEREAS, in RCW 90.58.020 the State Legislature directed local governments
developing Shoreline Master Programs for shorelines of State -wide significance to give
preference to the following uses, in order of preference, which: 1) recognize and protect
the State -wide interest over local interest; 2) preserve the natural character of the
shoreline; 3) result in long -term over short -term benefit; 4) protect the resources and
ecology of the shoreline; 5) increase public access to publicly -owned areas of shore-
lines; 6) increase recreational opportunities for the public in the shoreline; and 7)
provide for any other element, as defined in RCW 90.58.100, deemed appropriate or
necessary; and
WHEREAS, in 2003 the Washington State Department of Ecology (DOE) adopted
new rules, pursuant to RCW 90.58.200, to carry out provisions of the Shoreline
Management Act; and
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WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules
provide direction to local jurisdictions concerning the regulation of uses on shorelines of
the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their
shoreline master programs consistent with the required elements of the guidelines
adopted by DOE, in accordance with a schedule established in that section; and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) required the City of
Tukwila to amend its Shoreline Master Program by December 1, 2009, and
WHEREAS, the City began an update of its Shoreline Master Program in 1998,
established a Citizens Advisory Panel for initial policy and regulation guidance,
prepared background studies and used consultant services to prepare technical
documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master
Program in 2008; and
WHEREAS, an environmental checklist was prepared for the staff draft Shoreline
Master Program update, accompanied by a draft "Cumulative Impacts Analysis," an
"Inventory and Characterization Report" and draft "Restoration Plan," and a
Determination of Non Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master
Program, held a public hearing on August 27, 2008, continued the hearing to October 9,
2008 to allow additional public input, and recommended adoption of a revised Shoreline
Master Program to the City Council in February 2009, and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the
hearing to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to
review the Planning Commission Recommended Draft Shoreline Master Program; and
WHEREAS, pursuant to WAC 173 -26 -186, City staff has analyzed the cumulative
impacts of the staff draft Shoreline Master Program, the Planning Commission
Recommended Draft Shoreline Master Program, and the Council revisions to the
Planning Commission Recommended Draft Shoreline Master Program and determined
that the Shoreline Master Program and accompanying goals, policies and regulations
will achieve no net loss of shoreline ecological functions, as compared to current
"baseline" conditions; and
WHEREAS, pursuant to WAC 173 -26 -186, the proposed Shoreline Master Program
contains policies and regulations to ensure no net loss of shoreline ecological functions,
to address adverse cumulative impacts and to fairly allocate the burden of addressing
cumulative impacts among proposed developments; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program
to address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
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WHEREAS, throughout the process of updating the Shoreline Master Program, a
variety of methods were used to notify the general public and property owners along the
shoreline of the proposed Shoreline Master Program update, including mailings to
property owners and tenants, notice boards along the Green River Trail, postings on the
City's web site, creation of a broadcast email group that received updates of the
shoreline review process and articles in the City's newsletter; and
WHEREAS, notice was provided to the Washington State Department of
Commerce, pursuant to RCW 36.70A.106; and
WHEREAS, the City Council adopted Ordinance No. 2269 on December 14, 2009,
which ordinance adopted by reference a new Shoreline Master Program, and
WHEREAS, Section 4 of Ordinance No. 2269 provided that it would not be effective
until the later of five days after passage and publication or approval by the Washington
State Department of Ecology of the Shoreline Master Program in the form attached to
Ordinance No. 2269 as Exhibit A; and
WHEREAS, the City thereafter submitted the program to the Department of
Ecology for review and approval; and
WHEREAS, the Department of Ecology accepted written public comments on the
City's December 14, 2009 Shoreline Master Program, and held a public hearing on
September 29, 2010; and
WHEREAS, the Department of Ecology reviewed the adopted Shoreline Master
Program and required and recommended certain changes to the Program as a
condition of final Department of Ecology approval; and
WHEREAS, notice of the review of DOE's required and recommended changes
was provided via postings on the City's web site, a -mails to the broadcast e-mail group,
and articles in the "Hazelnut" and "Tukwila Reporter and
WHEREAS, the City Council conducted a Council work session on May 11, 2011,
to consider the DOE required and recommended changes, and held a public hearing on
June 27, 2011 to receive public testimony on the DOE required and recommended
changes; and
WHEREAS, the City Council concurs with and desires to adopt the required
changes and some of the recommended changes,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Shoreline Master Program Established. The Shoreline Master
Program with accompanying maps, as set forth in "Attachment A," is hereby adopted
and shall become binding as of the effective date of this ordinance on all properties
within the shoreline jurisdiction.
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Section 2. Repealer. Ordinance No. 2269, including the Shoreline Master
Program adopted by reference in Section 1 thereof, is hereby repealed. Further, the
Shoreline Master Program adopted by reference in Section 5 of the 1995
Comprehensive Plan, adopted in Section 1.A. of Ordinance No. 1757, is hereby
repealed.
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 and shall take effect and be in full force
upon approval of the Shoreline Master Proqram by the Washinqton State Department of
Ecoloqv and publication as provided by law. effect fellewinn five days after pa
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment A: Shoreline Master Program
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TUKWILA SHORELINE MASTER PROGRAM
December 14, 2009
Revised Per Ecology Letter March 24, 2011
Incorporatine Housekeeping Revisions July 25, 2011
Prepared by Tukwila Department of Community Development
with the assistance of ESA Adolfson
!�MiN1 ►6EU� �kiwit
i+FtA�1W�N� (�P
IG0LOGV
This report was funded in part through a grant, G0600234, from the Washington State
Department of Ecology.
51
2009 Shoreline Master Program
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TABLE OF CONTENTS
1 INTRODUCTION ..............................1
1.1 Purpose and Background ..............................1
1.2 Shoreline Jurisdiction ..............................2
2. TUKWILA'S SHORELINE MASTER PROGRAM ..............................7
2.1 SMP Components 7
2.2 SMP Elements ..............................7
2.3 History of SMP Planning in Tukwila 8
2.4 Current SMP Update Process 8
2.5 Citizen Review Processes ..............................9
3. DEFINITIONS .............................11
4. SHORELINE INVENTORY AND CHARACTERIZATION SUMMARY ..................21
4.1 Watershed Context and Shoreline Modifications .............................21
4.2 Biological Resources and Shoreline Functions .............................22
4.3 Land Use .............................23
4.4 Restoration Opportunities and Potential Use Conflicts .............................25
4.5 Conclusions .............................27
5. SHORELINE RESTORATION PLAN SUMMARY .............................31
5.1 Background .............................31
5.2 Assessment of Shoreline Functions .............................31
5.3 Plans, Programs, and Completed Projects .............................33
5.4 Restoration Opportunities .............................33
5.5 Potential Projects and Priorities .............................34
6. SHORELINE GOALS AND POLICIES .............................35
6.1 Shoreline Environment Designations, Comprehensive Plan Goal 5.1 ..................35
6.2 Shoreline Planning and Management, Comprehensive Plan Goal 5.2 ..................37
6.3 Land Development Use and Economic Vitality, Comprehensive Plan
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7. SHORELINE ENVIRONMENT DESIGNATIONS .............................49
7.1 Existing Regulatory Framework .............................49
7.2 Key Findings of the Shoreline Inventory Characterization Report and
RestorationPlan .............................50
7.3 State Environment Designation System 51
7.4 Proposed Environment Designations .............................53
7.5 Determination of Shoreline Buffers .............................59
7.6 Shoreline Residential Environment 64
7.7 Urban Conservancy Environment .............................66
7.8 High Intensity Environment 70
7.9 Aquatic Environment .............................72
8. SHORELINE USE REGULATIONS .............................73
Goal5.3 .............................38
General Use Regulations
6.4
Private Property Rights, Comprehensive Plan Goal 5. 4 .............................40
Interpretation of Use Matrix
6.5
Shoreline Design Quality, Comprehensive Plan Goal 5. 5 .............................41
Shoreline Use Matrix
6.6
Access and Recreational Use, Comprehensive Plan Goal 5. 6 .............................41
Shoreline Residential Environment
6.7
Transportation within the Shoreline Jurisdiction, Comprehensive Plan
Urban Conservancy Environment
Uses 80
Goal5.7 .............................44
High Intensity Environment Uses
6.8
Historical Resource Use and Archaeological Protection,
Aquatic Environment Uses
84
ComprehensivePlan Goal 5.8 .............................45
6.9
Natural Environment and Habitat Use, Comprehensive Plan Goal 5.9 .................45
6.10
Water Quality, Surface Water and Flood Control Use, Comprehensive
PlanGoal 5.10 .............................46
6.11
Public Health, Safety and Welfare, Comprehensive Plan Goal 5.11 ....................47
6.12
Shoreline Use Preferences, New Comprehensive Plan Goal 5.12 ........................47
7. SHORELINE ENVIRONMENT DESIGNATIONS .............................49
7.1 Existing Regulatory Framework .............................49
7.2 Key Findings of the Shoreline Inventory Characterization Report and
RestorationPlan .............................50
7.3 State Environment Designation System 51
7.4 Proposed Environment Designations .............................53
7.5 Determination of Shoreline Buffers .............................59
7.6 Shoreline Residential Environment 64
7.7 Urban Conservancy Environment .............................66
7.8 High Intensity Environment 70
7.9 Aquatic Environment .............................72
8. SHORELINE USE REGULATIONS .............................73
8 .1
General Use Regulations
.............................73
8.2
Interpretation of Use Matrix
73
8.3
Shoreline Use Matrix
Error! Bookmark not defined.
8.4
Shoreline Residential Environment
Uses .............................78
8.5
Urban Conservancy Environment
Uses 80
8.6
High Intensity Environment Uses
82
8.7
Aquatic Environment Uses
84
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9. SHORELINE DEVELOPMENT STANDARDS .............................85
9.1
Applicability
85
9.2
Shoreline Residential Development Standards .............................85
Applicability, Maps and Inventories ............................111
9.3
High Intensity, Urban Conservancy and Aquatic Environment
Best Available Science ............................112
DevelopmentStandards
86
9.4
Surface Water and Water Quality
87
9.5
Flood Hazard Reduction .............................88
Wetland Determinations and Classifications ............................117
9.6
Shoreline Stabilization .............................89
Watercourse Designation and Ratings ............................118
9.7
Archaeological, Cultural and Historical Resources .............................95
Fish and Wildlife Habitat Conservation Areas ............................119
9.8
Environmental Impact Mitigation .............................95
Wetland Watercourse, and Fish and Wildlife Habitat Conservation
9.9
Off Street Parking and Loading Requirements .............................96
AreaBuffers ............................119
9.10
Vegetation Protection And Landscaping .............................97
Areas of Potential Geologic Instability ............................122
9.11
Land Altering Activities ............................105
Sensitive Areas Permitted Uses and Alterations ............................125
9.12
Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and
Sensitive Areas Mitigation ............................128
Other Over -water Structures ............................105
9.13
Signs in Shoreline Jurisdiction ............................109
10. ENVIRONMENTALLY SENSITIVE AREAS WITHIN THE SHORELINE
JURISDICTION................................................... ............................111
10.1
Purpose ............................111
10.2
Applicability, Maps and Inventories ............................111
10.3
Best Available Science ............................112
10.4
Sensitive Area Studies ............................112
10.5
Procedures ............................117
10.6
Wetland Determinations and Classifications ............................117
10.7
Watercourse Designation and Ratings ............................118
10.8
Fish and Wildlife Habitat Conservation Areas ............................119
10.9
Wetland Watercourse, and Fish and Wildlife Habitat Conservation
AreaBuffers ............................119
10.10
Areas of Potential Geologic Instability ............................122
10.11
Sensitive Areas Permitted Uses and Alterations ............................125
10.12
Sensitive Areas Mitigation ............................128
11. PUBLIC ACCESS TO THE SHORELINE ............................133
11.1 Applicability ............................134
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11.2 General Standards ............................135
11.3 Requirements for Shoreline Trails ............................136
11.4 Publicly -Owned Shorelines ............................136
11.5 Public Access Incentives ............................137
11.6 Exemptions from Provision of On -Site Public Access ............................138
12. SHORELINE DESIGN GUIDELINES ............................143
12.1 Relationship of Structure to Site ............................143
12.2 Building Design ............................143
12.3 Design of Public Access ............................144
13. SHORELINE RESTORATION ............................147
13.1 Shoreline Substantial Development Permit Not Required ............................147
13.2 Changes in Shoreline Jurisdiction due to Restoration ............................147
14. ADMINISTRATION ............................151
14.1 Applicability of Shoreline Master Program and Substantial
DevelopmentPermit ............................151
14.2 Substantial Development Permit Requirements ............................151
14.3 Shoreline Conditional Use Permit ............................152
14.4 Shoreline Variance Permits ............................153
14.5 Non conforming Development ............................154
15. APPEALS ............................159
16. ENFORCEMENT AND PENALTIES ............................159
16.1
Violations ............................159
16.2
Enforcement ............................159
16.3
Inspection Access ............................159
16.4
Penalties ............................160
16.5
Remedial Measures Required ............................160
16.6
Injunctive Relief ............................160
16.7
Abatement ............................161
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17. MASTER PROGRAM REVIEW AND AMENDMENTS ............................161
18. LIABILITY ............................161
LIST OF FIGURES
Figure 1. Current Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44)...50
Figure 2. Minimum Levee Profile .............................63
Figure 3. Schematic of Shoreline Residential Environment and Buffer .............................66
Figure 4. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy
Environment in Areas without Levees .............................68
Figure 5. Schematic of Buffer Reduction Through Placing of Fill on Levee Back Slope .....69
Figure 6. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy
Environment in Areas with Levees .............................70
Figure 7. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High
IntensityEnvironment .............................71
LIST OF TABLES
Table 1. General Restoration Potential within the Shorelines of Tukwila .............................32
Table 2. State Recommended Environment Designation System WAC 173 -26 -211 (5) ....52
Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline Ecological
Conditions............................................................................... 54
Table 4. Tree Replacement Requirements .............................99
Table 5. River Buffer Vegetation Planting Densities ............................103
LIST OF MAPS
Map 1. Potential Annexation Areas and Annexation History 5
Map 2. Transition Zone 29
Map 3. Shoreline Environments .............................57
Map 4. Shoreline Armoring .............................95
Map 5. Sensitive Areas in the Shoreline ............................117
Map 6. Shoreline Public Access 145
APPENDICES
A. Shoreline Inventory and Characterization Report
B. Shoreline Restoration Plan
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1. INTRODUCTION
1.1 Purpose and Background
This document presents the Shoreline Master Program (SMP) for the City of Tukwila. It is
an update to Tukwila's existing SMP, originally adopted in 1974. The SMP is intended to
guide new shoreline development, redevelopment and promote reestablishment of natural
shoreline functions, where possible. It was prepared in conformance with the Washington
State Shoreline Management Act (Chapter 90.58 RCW) and its implementing regulations
(WAC 173 -26).
This Shoreline Master Program represents the first substantial amendment to the existing
SMP since its adoption in 1974, and reflects changes in local conditions and priorities and
the evolving State regulatory environment. An example of changes in local conditions is
that Tukwila has annexed significant amounts of shoreline from 42nd Avenue South
northward and is evaluating additional annexation of King County shoreline areas upstream
of the southern City limits (See Annexation History and Potential Annexation Area
Map, Map 1). On these portions of the shoreline, since the SMP was not updated
concurrently with the annexations, regulators still use the King County SMP and not
Tukwila's.
An example of changes in the State's regulatory environment is seen in the series of
regulations adopted in 1995 by the Washington State Legislature intended to simplify and
streamline the development process. This effort included amendments to RCW 36.70A
requiring that goals and policies of local SMPs be integrated into local Growth Management
Act (GMA) supportive plans. Consistency between the Shoreline Master Program, the
Comprehensive Plan and implementing regulations is required. The GMA also requires that
land use planning efforts be coordinated among all involved citizens, local, regional and
Tribal governments, and businesses. The new Tukwila Master Program complies with these
state requirements.
New guidance issued by the Department of Ecology for local governments updating their
SMPs adds new requirements to the preparation process, including a Shoreline Restoration
Plan and a Cumulative Impacts Analysis.
This Shoreline Master Program presents background information on the Shoreline
Management Act, describes shoreline jurisdiction in Tukwila, summarizes the amendment
process carried out to date, presents a summary of the Shoreline Inventory and
Characterization, presents a summary of the Shoreline Restoration Plan, proposes shoreline
environments, and establishes goals, policies and regulations, which apply to all activities on
all affected lands and waters within the shoreline jurisdiction. In addition, there is a chapter
that establishes design guidelines. Maps are provided to illustrate shoreline jurisdiction and
environments. The Shoreline Inventory and Characterization Report is provided in
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Appendix A. The Restoration Plan is provided in Appendix B. A Cumulative Impacts
Analysis is provided as a stand -alone document.
1.2 Shoreline Jurisdiction
A. Jurisdiction under the Shoreline Management Act
The Shoreline Management Act, or SMA, (RCW 90.58) establishes regulations for the
management and protection of the state's shoreline resources and requires planning for
reasonable and appropriate uses. The Act calls for a joint planning effort between state and
local jurisdictions, requiring local government to develop its own Shoreline Master Program
based on state guidelines.
The SMA requires that local governments establish shoreline jurisdiction for those bodies
of water and lands that are considered to be "shorelines of the state" or "shorelines of
statewide significance." Shorelines of the state include rivers with a mean annual flow of
at least 20 cubic feet per second (cfs). Shorelines of statewide significance in western
Washington include rivers with a mean annual flow of at least 1,000 cubic feet per
second (cfs). The minimum shoreline environment required by the SMA includes all
lands 200 feet from the "ordinary high water mark" or floodway of a state shoreline,
whichever is greater, and all wetlands associated with these state shorelines and located
within the 100 -year floodplain. The following graphic illustrates the jurisdiction of the
Shoreline Management Act.
Ordinary high
water mark Wetland in 100 year
(OHWM) Flood plain
°I
_IIII
IIII
-IIII -IIII
IIII IIII -IIII=
IIII IIII IIII IIII Hill IIII -1
IIII IIII IIII IIII IIII= IIII -1
ltti =IIII =IIII`
M, lilt lilt lilt
0'
F
I- III -1111 IIII IIII IIII IIII IIII -1111s
o lilt lilt nil III IIII lilt IIII IIII IIII c
200'
Flood wav
100 Year Flood Plain
200' from OHWM or flood way and
all marshes, bogs, and swamps in
100 year flood plain
200' from OHWM and 100 year flood plain
Figure 1.1 Lands and waters under the jurisdiction of the Shoreline Management Act
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B. Shoreline Jurisdiction in Tukwila
The Green/Duwamish River is the only "shoreline of statewide significance" in the city
(RCW 98.58.030). A small portion of the Black River, a shoreline of the state, is also
located in Tukwila. Throughout the SMP document, the term "Shoreline Jurisdiction" is
used to describe the water and land areas subject to shoreline jurisdiction in Tukwila.
Based on SMA guidelines for shoreline jurisdiction, Tukwila's Shoreline Jurisdiction is
defined as follows:
The Tukwila Shoreline Jurisdiction includes the channel of the
Green/Duwamish River and the Black River, its banks, the upland
area which extends from the ordinary high water mark landward
for 200 feet on each side of the river, floodways and all associated
wetlands within its floodplain. For the purpose of determining
shoreline jurisdiction only, the floodway shall not include those
lands that have historically been protected by flood control devices
and, therefore, have not been subject to flooding with reasonable
regularity.
The Tukwila SMP applies to all development activity occurring within the Shoreline
Jurisdiction, which corresponds to the Shoreline Overlay District as established by
Chapter 18.44 of the Tukwila Municipal Code.
The use of the ordinary high water mark, or OHWM, represents a change from the
previous Master Program, which used the mean- high -water mark (MHWM). The
MHWM is the elevation of the surface of Green River and Duwamish River waters when
the discharge rate at the U.S. Geological survey Stream Gauging Station near Auburn is
9,000 cfs. Locating the MHWM requires the skills of a surveyor. The OHWM is used to
define the usual height of water, as evidenced by soil and vegetation conditions. It may
be visually located based on the line between flood tolerant and non flood tolerant
vegetation along the riverbank. Due to the relative ease of locating the OHWM, this
measure is preferred and therefore implemented in this SMP. The Shoreline
Management Act also requires the use of the OHWM as the means by which location of
the shoreline environment is determined.
All proposed uses and activities under its jurisdiction must be reviewed for compliance with
the goals, policies and regulations herein. All proposed uses and development occurring
within shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline
Management Act and this Master Program whether or not a permit is required.
This Master Program includes the two proposed annexation areas indicated in the
Comprehensive Plan (Map 1). The north annexation area is located between the
Green/Duwamish River on the east, Military Road to the west, and from S. 128th Street
north to S. 96th Street. The south annexation area is located between I -5 and the Green
River, south of the City limits to S. 204th Street. Adoption of shoreline policies and
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environment designations for newly annexed areas would require an amendment to the
Shoreline Master Program. To avoid having to amend the SMP later, these potential
annexation areas are considered here and the environmental designations and regulations
will apply upon annexation.
In response to regional policies of the King County Growth Management Planning Council,
Tukwila designated two key areas as its Urban Center and its Manufacturing Industrial
Center (MIC). The Southcenter area, from I -405 south to S. 180 Street was designated the
"Urban Center," and the Duwamish Corridor, an area where existing industrial employment
is concentrated, was designated as Tukwila's "Manufacturing Industrial Center." Both of
these areas have lands adjacent to the river and are identified on Map 1.
The Tukwila Urban Center is continuing to expand and intensify the Westfield Southcenter
Mall recently completed the addition of 475,000 sq. ft. of retail space and a new 220,000
square foot shopping center along Southcenter Parkway, Southcenter Plaza recently was
completed. This SMP assumes the re- development of Tukwila's Urban Center and the MIC
will affect the character of the river, as it has in the past.
The City Council adopted a Strategic Implementation Plan for the MIC on November 2,
1998. The Plan includes an analysis of existing conditions along the shoreline, narratives of
various habitats, current regulations, proposed requirements and prototypes for future
development along the shoreline in the MIC. The Strategic Plan was prepared in
conjunction with a Planned Action Environmental Impact Statement that analyzed
development alternatives in the MIC area and streamlined SEPA review for development in
that corridor for the past 10 years. These documents are now 9 -12 years old. Where
changed circumstances dictate, the SMP will provide updated guidance and regulations for
the MIC area. The MIC area has significant potential for redevelopment.
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Turning Basin
Legend
Tukwila City Limits
Tukwila Urban Center
Manufacling /Industrial Center
Potential Annexation Areas
I, I Green Duwamish River
Shoreline Annexed After 1974
Ourta
9
i
S200NSI
S 2041h S1
.....i
Manufacturing /Industrial
Center Boundary
1"=.S MIE
63
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2. TIJKWILA' S SHORELINE MASTER PROGRAM
2.1 SMP Components
To comply with the SMA, Tukwila has included the following components in development
of this draft Shoreline Master Program (SMP):
Outreach including a citizen participation process, coordination with state
agencies, Indian tribes, and other local governments (see Section 2.4 below)
Inventory, analysis and characterization of shoreline conditions, environmental
functions and ecosystem -wide processes
Analysis of potential shoreline restoration opportunities
Establishment of shoreline environments
Development of goals and policies
Preparation of regulations
Preparation of Shoreline Design Guidelines
Evaluation and consideration of cumulative impacts
2.2 SMP Elements
The SMA includes eight main issues, or "elements," to be addressed in each local shoreline
master program (RCW 90.58.100). To implement these elements, shoreline policies and
regulations are to be developed for each. The policies are found in The Shoreline Goals and
Policies Section of this SMP and the regulations in the following sections: Shoreline Use
Regulations; Shoreline Development Standards; Environmentally Sensitive Areas within the
Shoreline; Public Access to the Shoreline; Shoreline Design Guidelines; and Habitat
Restoration. The policies will be incorporated into the City's Comprehensive Plan and the
regulations into the Zoning Code. The elements required by the SMA are:
Economic Development
Public Access
Recreation
Circulation
Shoreline Uses
Conservation
Historical, cultural, educational and scientific element
Preventing or minimizing flood damage
Consistent with the Growth Management Act requirement to integrate the SMP and the
Comprehensive Plan, the City adopted its updated Comprehensive Plan in 1995 and
incorporated the required elements of a SMP noted above into its Plan. Further direction
for implementation of the required elements of SMPs is provided through Zoning Code
and Design Review requirements.
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2.3 History of SMP Planning in Tukwila
Tukwila's Shoreline Master Program (SMP) was first adopted in 1974, in response to the
passage of the Shoreline Management Act (RCW 90.58). The SMP was later updated
through minor amendments in 1982 and 1987, none of which required the adoption of a new
SMP.
In 1992 -93, as part of the preparation for a major revision to the City's Comprehensive Plan,
the City completed a Shorelines Background Report (1993), with the participation of the
Tukwila Tomorrow Citizen's Committee. This report established the basis for the shoreline
comprehensive plan goals and policies. The report was reviewed and approved by citizens
and officials as part of the entire Comprehensive Plan adoption process. The
Comprehensive Plan was adopted in 1995.
While effective in setting the stage for the development of a new Shoreline Master Program
(SMP), the policies adopted as part of the 1995 Comprehensive Plan were only the first step.
Staff began the process to prepare a new SMP in the spring of 1999, based on the draft
shoreline guidelines that were in the process of adoption by the Department of Ecology at
the time.
A grant from the Washington State Department of Ecology provided funding for a
Shoreline Inventory and Shoreline Design Manual. The City completed an inventory of
all parcels within the 200 foot Shoreline jurisdiction in 2000. Based on that inventory
and the policies adopted in the Comprehensive Plan, staff prepared a draft Shoreline
Master Program, which also incorporated citizen comments from meetings.
As the Planning Commission was nearing completion of its review of the draft SMP, the
new shoreline regulations were approved by Ecology in November, 2000. The new
regulations were immediately appealed and ultimately invalidated by the Shoreline Hearings
Board in August, 2001. As a result, the City opted to defer completing its SMP update
process until new guidelines were issued by Ecology, which occurred in 2003.
2.4 Current SMP Update Process
In 2003 the legislature established funding and timelines for all jurisdictions to undertake
comprehensive master program amendments. In 2005, Tukwila received a grant (SMA
Grant No. 0600234) to complete a comprehensive update, including new technical analyses
of shoreline conditions, restoration planning, and the preparation of revised SMP goals,
policies, and regulations. The overall update process is described further below.
In order to capitalize on previous citizens' involvement in the planning process, the City
decided to start the current SMP update with the work that had been prepared to date.
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Therefore, this draft document represents the work begun in 1999, with revisions to address
new Ecology regulations and guidance, as well as changed conditions in the City's shoreline
area.
The development of any SMP, as required by new shoreline regulations, involves three
specific steps
Shoreline inventory and characterization, preparation of a restoration plan,
preparation of a cumulative impacts analysis;
Citizen involvement in development of policies and regulations; and
Review by interested parties, including adjacent jurisdictions.
As part of this renewed SMP update process, the City has:
Continued the previously started citizen involvement program utilizing the
Planning Commission, which serves as the City's permanent citizen advisory
body for land use issues, holding Open Houses and public hearings
Coordinated and shared information with neighboring jurisdictions
Updated and expanded the Shoreline Inventory and mapping (included as
Appendix A to this document)
Prepared a Shoreline Restoration Plan (Appendix B)
Proposed shoreline environment designations
Proposed shoreline development policies
Proposed shoreline development regulations
Prepared a draft Cumulative Impacts Analysis
Coordinated with Department of Ecology, submitting a staff draft SMP for
review and comment and meeting with Ecology staff
2.5 Citizen Review Processes
The citizen review component of the SMP amendment process began in 1992 in concert
with the development of a Revised Comprehensive Plan. Tukwila Tomorrow, a citizen's
advisory group, met to determine shoreline issues, develop draft policies for the
Comprehensive Plan, and prepare a Shoreline Background Report (2/93) for review by
elected and appointed officials, a citizens committee and interested parties. The City
Council adopted revised shoreline policies in the 1995 Comprehensive Plan, which in turn
have formed the basis for the policies in the updated SMP.
In 1999, a Shoreline Advisory Panel was appointed by the Mayor's Office, comprised of
two citizens living within the Shoreline jurisdiction and two representatives of businesses
within the shoreline jurisdiction. The Panel reviewed a staff draft SMP and forwarded a
Draft SMP to the Planning Commission for its review in March, 2000. The Planning
Commission began its review in May, 2000 and continued until October, 2000 when
review on the Draft SMP was suspended to allow staff time to review the new Ecology
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shoreline regulations. The new regulations were appealed and invalidated by the
Shoreline Hearings Board in August, 2001. Revised shoreline regulations, based on a
mediated settlement among the appealing parties, were adopted by Ecology in December
2003.
Rather than establish a new Shoreline Advisory Panel, the citizen involvement process
continued utilizing the Planning Commission, as the Commission composed of Tukwila
residents and a business representative serves as the volunteer land use review body for
the City. Other outreach activities included: city newsletter articles, establishment of an
SW update page on the City's website, and informational displays at local events and fairs.
A series of public meetings were held on the SMP, along with informational mailings sent to
shoreline property owners, and finally public hearings held before the City's Planning
Commission and City Council prior to SMP adoption.
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3. DEFINITIONS
The following definitions shall be used in the administration of the Master Program and
will be incorporated into the Definitions Chapter of the Zoning Code, TMC 18.10.
Accessory use: An accessory use is a use asseeiated with the pr- ple s horeline
IS U JI1VI�.IIIIt
1 1
A st 1� Use us v. a
incidental and
I-- and eampatible iA uses in the immediate subordinate to the orincinal use and located on the same lot or in the same buildin2 as the
principal use.
Appurtenance: means a structure that is necessarily connected to the use and enjoyment
of a single family residence, including a garage, deck, driveway, utilities, fences,
installation of a septic tank and drain field and grading which does not exceed 250 cubic
yards and which does not involve placement of fill in any wetland or waterward of the
ordinary high water mark (WAC 173 -27 -040 (2) (g)).
Armoring: means the control of shoreline erosion with hardened structures, such as
bulkheads, sea walls, and riprap.
Bank: means the rising ground bordering a water body and forming an edge or slope.
Bioengineering: Means integrating living woody and herbaceous materials with organic
(plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to increase
the strength and structure of the soil along a riverbank, accomplished by a dense matrix
of roots which hold the soil together. The above ground vegetation increases the
resistance to flow and reduces flow velocities by dissipating energy.
Buffer: means an area separating two different types of uses or environments for the
purpose of reducing incompatibilities between them or reducing the potential adverse
impacts of one use or environment upon the other.
Bulkhead: means vertical structures erected parallel to and near the ordinary high water
mark for the purpose of protecting adjacent uplands from erosion, from the action of
waves or currents.
Channel migration zone: means the area along a river within which the channel(s) can
be reasonably predicted to migrate over time as a result of natural and normally occurring
hydrological and related processes when considered with the characteristics of the river
and its surroundings.
Dike: means an embankment or structure built in the river channel to contain or redirect
flow within the channel and prevent shoreline destabilization.
Development, shoreline: means a use consisting of the construction or exterior
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alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel,
or minerals; construction of bulkheads; driving of piling; placing of obstructions; or any
project of a permanent or temporary nature which interferes with the normal public use of
the waters overlying lands subject to the Shoreline Management Act at any stage of water
level.
Ecological/ecosystem functions (or shoreline functions): means the work performed or
role played by the physical, chemical, and biological processes that contribute to the
maintenance of the aquatic and terrestrial environments that constitute the shoreline's
natural ecosystem. See WAC 173 -26 -200 (2) (c).
Ecosystem -wide processes: means the suite of naturally occurring physical and geologic
processes of erosion, transport, and deposition; and specific chemical processes that
shape landforms within a specific shoreline ecosystem and determine both the types of
habitat and the associated ecological functions.
Environment designation: means the term used to describe the character of the
shoreline in Tukwila based upon the recommended classification system established by
WAC 173 -26 -211 and as further refined by Tukwila's SMP.
Feasible: means, for the purpose of the Shoreline Master Program, that an action, such
as a development project, mitigation, or preservation requirement, meets all of the
following conditions:
1. The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or studies or tests have demonstrated in
similar circumstances that such approaches are currently available and likely to
achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose; and
3. The action does not physically preclude achieving the project's primary intended
legal use.
In cases where these guidelines require certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the reviewing agency may weigh the action's relative public costs and public
benefits, considered in the short- and long -term time frames.
Flood plain: means that land area susceptible to inundation with a one percent chance of
being equaled or exceeded in any given year (synonymous with one hundred -year flood
plain). The limit of this area shall be based upon flood ordinance regulation maps or a
reasonable method which meets the objectives of the Shoreline Management Act...
Flood hazard reduction: means actions taken to reduce flood damage or hazards. Flood
hazard reduction measures may consist of nonstructural or indirect measures, such as
setbacks, land use controls, wetland restoration, dike removal, use relocation,
bioengineering measures, and storm water management programs; and of structural
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measures such as dikes and levees intended to contain flow within the channel, channel
realignment, and elevation of structures consistent with the National Flood Insurance
Program.
Floodway: means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
Grading: means activity that results in change of the cover or topography of the earth, or
any activity that may cause erosion, including clearing, excavation, filling, and
stockpiling
Large Woody Debris (LWD): means whole trees with root wads and limbs attached,
cut logs at least 4 inches in diameter along most of their length, root wads at least 6.5 feet
long and 8 inches in diameter. Large woody debris is installed to address a deficiency of
habitat and natural channel forming processes.
Levee: means a broad embankment of earth built parallel with the river channel to
contain flow within the channel and prevent flooding from a designated design storm.
Levee, Minimum Profile: means, where there is room, the minimum levee profile for
any new or reconstructed levee is the King County "Briscoe Levee" profile 2.5:1
overall slope with 15 foot mid -slope bench for maintenance access and native vegetation
plantings. Where there is insufficient room for a levee backslope due to the presence of
legal nonconforming structures existing at the time of the adoption of this SMP, a
floodwall may be substituted. The figure below illustrates the minimum levee profile.
Typical Shoreline Buffer in Leveed Areas-Width Will Varl
Reconfigured Levee
Vegetated Bench
—18'—
—to Willows
2 i 2" 15 ,Existing Levee
Maintenance Easement A Ordinary High
p Water Mark
OHWM
`Reconfigured Slope averages 2.5:1 with bench
k:� �Mni nnn.v
Minimum Levee Profile
Not To Scale
Mean Higher High Water (MHHW): means the average of the higher high water
height of each tidal day, and used in determining the OHWM for the tidally influenced
portions of the river.
Native Vegetation: means vegetation with a genetic origin of Western Washington,
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Northern Oregon and Southern British Columbia, not including cultivars.
No Net Loss: means a standard intended to ensure that shoreline development or uses,
whether permitted or exempt, are located and designed to avoid loss or degradation of
shoreline ecological functions that are necessary to sustain shoreline natural resources.
Nonconforming: means a use or development which was lawfully constructed or
established prior to the effective date of the Shoreline Management Act or the Shoreline
Master Program or amendments thereto, but which does not conform to present
regulations or standards of the program.
Non water oriented uses: means those uses that are not water dependent, water related,
or water enjoyment.
Ordinary high water mark: means that mark that will be found by examining the bed
and banks and ascertaining where the presence and action of waters (all lakes, streams,
and tidal water) are so common and usual, and so long continued in all ordinary years, as
to mark upon the soil a character distinct from that of the abutting upland, in respect to
vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter,
or as it may change thereafter in accordance with permits issued by a local government or
the Department of Ecology. In any area where the ordinary high water mark cannot be
found, the ordinary high water mark adjoining salt water shall be the line of mean higher
high tide and the ordinary high water mark adjoining fresh water shall be the line of mean
high water.
Overwater Structure: means any device or structure projecting over the OHWM,
including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or
buoys.
Non conforming Structure: means a structure legally established prior to the effective
date of the Shoreline Master Program, but which does not conform to present regulations
or standards of the program.
Non conforming Use: means a use legally established prior to the effective date of the
Shoreline Master Program, but which does not conform to present regulations or
standards of the program.
Public Access: means the ability of the general public to reach, touch or enjoy the
water's edge, to travel on the waters of the state, and to view the water and the shoreline
from adjacent locations. Public access may be provided by an owner by easement,
covenant, or similar legal agreement of substantial walkways, corridors, parks, or other
areas serving as a means of view and/or physical approach to public waters. The Director
may approve limiting public access as to hours of availability, types of activity permitted,
location and area.
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Regional Detention Facility: means a stormwater detention and/or retention facility that
accepts flow from multiple parcels and /or public ROW. The facility may be public or
private.
Revetment: means a sloping structure built to increase bank strength and protect an
embankment, or shore against erosion by waves or river currents. A revetment is usually
built of rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock
or filter cloth and "toe" protection are included. A revetment typically slopes and has a
rough or jagged face. The slope differentiates it from a bulkhead, which is a vertical
structure.
Riparian: means the land along the margins of rivers and streams.
Riverbank analysis and report: means a scientific study or evaluation conducted by
qualified experts and the resulting report to evaluate the ground and/or surface hydrology
and geology, the geomorphology and hydraulic characteristics of the river, the affected
land form and its susceptibility to mass wasting, erosion, scouring and other geologic
hazards or fluvial processes. The report shall include conclusions and recommendations
regarding the effect of the proposed development on geologic and /or hydraulic
conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures to
mitigate potential site specific and cumulative geological, hydrological and hydraulic
impacts of the proposed development, including the potential adverse impacts to adjacent
and down current properties. Geotechnical /Hydrological /Hydraulic reports shall conform
to accepted technical standards and must be prepared by qualified professional engineers
or geologists who have professional expertise about the regional and local shoreline
geology and processes.
Shore-lands or shoreland areas: means those lands extending landward for two hundred
feet in all directions as measured on a horizontal plane from the ordinary high watermark;
floodways and contiguous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with the streams, lakes and tidal
waters which are subject to the provisions of the SMA.
Shoreline areas and shoreline jurisdiction: means all "shorelines of the state" and
"shorelands" as defined in RCW 90.58.030.
Shoreline functions: see Ecological functions.
Shoreline Jurisdiction: means the channel of the Green/Duwamish River, its banks, the
upland area, which extends from the ordinary high water mark landward for 200 feet on
each side of the river, floodways and all associated wetlands within its floodplain. For the
purpose of determining shoreline jurisdiction only the floodway shall not include those
lands that have historically been protected by flood control devices and therefore have
not been subject to flooding with reasonable regularity.
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Shoreline modifications: means those actions that modify the physical configuration or
qualities of the shoreline area, through the construction or alteration of a physical element
such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline
structure. They can include other actions, such as clearing, grading, or application of
chemicals.
Shoreline restoration or ecological restoration: means the re- establishment or
upgrading of impaired ecological shoreline processes functions or habitats, including any
project approved by the Federal, State, King County, or City government or the WRIA 9
Steering Committee with the intent of providing habitat restoration and where the future
use of the site is restricted through a deed restriction to prohibit non habitat uses.. This
may be accomplished through measures including, but not limited to, re- vegetation,
removal of intrusive shoreline structures and removal or treatment of toxic materials.
Restoration does not imply a requirement for returning the shoreline area to aboriginal or
pre- European settlement conditions
Shoreline Significant Tree: means a single trunked tree that is 4 inches or more in
diameter at a height of 4 feet above the ground or a multi trunked tree with a diameter of
2 inches or more (such as willows or vine maple).
Shoreline Stabilization: means actions taken to protect riverbanks or adjacent uplands
from erosion resulting from the action of waves or river currents. "Hard" structural
stabilization includes levees, bulkheads and revetments. "Soft" shoreline stabilization
includes use of bioengineering measures where vegetation, logs, and /or certain types of
rock is used to address erosion control and /or slope stability.
Shorelines: means the line at ordinary high water surrounding any body of water of 20
acres or larger or where the mean annual flow is 20 cubic feet per second or greater.
Significant vegetation removal: means the removal or alteration of trees, shrubs, and /or
ground cover by clearing, grading, cutting, burning, chemical means, or other activity
that causes significant ecological impacts to functions provided by such vegetation. The
removal of invasive or noxious weeds does not constitute significant vegetation removal.
Tree pruning, not including tree topping, where it does not affect ecological functions,
does not constitute significant vegetation removal.
Substantial development: means any development of which the total cost or fair market
value exceeds five thousand dollars, or any development which materially interferes with
the normal public use of the water or shorelines of the state. The dollar threshold
established in this definition will be adjusted for inflation by the office of financial
management every five years, beginning July 1, 2007, based upon changes in the
consumer price index during that time period. "Consumer price index" means, for any
calendar year, that year's annual average consumer price index, Seattle, Washington area,
for urban wage earners and clerical workers, all items, compiled by the bureau of labor
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and statistics, United States department of labor. The following shall not be considered
substantial developments for the purpose of the Shoreline Management Act, but are not
exempt from complying with the substantive requirements of this SMP:
1. Normal maintenance or repair of existing structures or developments,
including damage by accident, fire, or elements;
2. Emergency construction necessary to protect property from damage by the
elements;
3. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on
shorelands, and the construction and maintenance of irrigation structures
including but not limited to head gates, pumping facilities, and irrigation
channels. A feedlot of any size, all processing plants, other activities of a
commercial nature, alteration of the contour of the shorelands by leveling or
filling other than that which results from normal cultivation, shall not be
considered normal or necessary farming or ranching activities. A feedlot shall
be an enclosure or facility used or capable of being used for feeding livestock
hay, grain, silage, or other livestock feed, but shall not include land for
growing crops or vegetation for livestock feeding and/or grazing, nor shall it
include normal livestock wintering operations;
4. Construction or modification of navigational aids such as channel markers and
anchor buoys;
5. Construction on shorelands by an owner, lessee, or contract purchaser of a
single family residence for his own use or for the use of his or her family,
which residence does not exceed a height of thirty -five feet above average
grade level and which meets all requirements of the state agency or local
government having jurisdiction thereof, other than requirements imposed
pursuant to this chapter;
6. Construction of a dock, including a community dock, designed for pleasure
craft only, for the private noncommercial use of the owner, lessee, or contract
purchaser of single and multiple family residences. This exception applies if
either: (A) In salt waters, the fair market value of the dock does not exceed
two thousand five hundred dollars; or (B) in fresh waters, the fair market
value of the dock does not exceed ten thousand dollars, but if subsequent
construction having a fair market value exceeding two thousand five hundred
dollars occurs within five years of completion of the prior construction, the
subsequent construction shall be considered a substantial development for the
purpose of this chapter;
7. Operation, maintenance, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or
developed as a part of an irrigation system for the primary purpose of making
use of system waters, including return flow and artificially stored groundwater
for the irrigation of lands;
8. The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with normal public use of the surface
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of the water;
9. Operation and maintenance of any system of dikes, ditches, drains, or other
facilities existing on September 8, 1975, which were created, developed, or
utilized primarily as a part of an agricultural drainage or diking system;
10. Site exploration and investigation activities that are prerequisite to preparation
of an application for development authorization under this chapter, if:
a. The activity does not interfere with the normal public use of the
surface waters;
b. The activity will have no significant adverse impact on the
environment including, but not limited to, fish, wildlife, fish or
wildlife habitat, water quality, and aesthetic values;
c. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the
site are restored to conditions existing before the activity;
d. A private entity seeking development authorization under this section
first posts a performance bond or provides other evidence of financial
responsibility to the local jurisdiction to ensure that the site is restored
to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW
90.58.550 (Oil and Natural Gas exploration in marine waters);
11. The process of removing or controlling an aquatic noxious weed, as defined in
RCW 17.26.020, through the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental
impact statement published by the department of agriculture or the department
jointly with other state agencies under chapter 43.21C RCW.
12. Watershed restoration projects, which means a public or private project
authorized by the sponsor of a watershed restoration plan that implements the
plan or a part of the plan and consists of one or more of the following
activities:
a. A project that involves less than ten miles of stream reach, in which
less than twenty -five cubic yards of sand, gravel, or soil is removed,
imported, disturbed or discharged, and in which no existing vegetation
is removed except as minimally necessary to facilitate additional
plantings;
b. A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock
as a stabilization only at the toe of the bank, and with primary
emphasis on using native vegetation to control the erosive forces of
flowing water; or
c. A project primarily designed to improve fish and wildlife habitat,
remove or reduce impediments to migration of fish, or enhance the
fishery resource available for use by all of the citizen of the state,
provided that any structure, other than a bridge or culvert or instream
habitat enhancement structure associated with the project, is less than
two hundred square feet in floor area and is located above the ordinary
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high water mark of the stream.
13. Watershed restoration plan, which means a plan, developed or sponsored by
the department of fish and wildlife, the department of ecology, the department
of natural resources, the department of transportation, a federally recognized
Indian tribe acting within and pursuant to its authority, a city, a county or a
conservation district that provides a general program and implementation
measures or actions for the preservation, restoration, re- creation, or
enhancement of the natural resources, character, and ecology of a stream,
stream segment, drainage area or watershed for which agency and public
review has been conducted pursuant to the State Environmental Policy Act.
14. A public or private project that is designed to improve fish or wildlife habitat
or fish passage, when all of the following apply:
a. The project has been approved in writing by the department of fish and
wildlife;
b. The project has received hydraulic project approval by the department
of fish and wildlife pursuant to chapter 77.55 RCW; and
c. The local government has determined that the project is substantially
consistent with the local shoreline master program. The local
government shall make such determination in a timely manner and
provide it by letter to the project proponent.
Additional criteria for determining eligibility of fish habitat projects are found
in WAC 173 -27 -040 2 (p) and apply to this exemption.
Water- dependent: means a use or portion of a use which cannot exist in a location that
is not adjacent to the water and which is dependent on the water by reason of the intrinsic
nature of its operations. Examples of water dependent uses include ship cargo terminal
loading areas, marinas, ship building and dry docking, float plane facilities, sewer
outfalls, and shoreline ecological restoration projects.
Water- enjoyment: means a recreational use or other use that facilitates public access to
the shoreline as a primary characteristic of the use. The use must be open to the general
public and the shoreline- oriented space within the project must be devoted to the specific
aspects of the use that fosters shoreline enjoyment. Examples of water enjoyment uses
include parks, piers, museums, restaurants, educational /scientific reserves, resorts and
mixed use projects.
Water- oriented: means a use that is water dependent, water related or water enjoyment
or a combination of such uses.
Water related: means a use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic viability is dependent upon a waterfront location
because:
1. The use has a functional requirement for a waterfront location such as the arrival
or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water dependent uses and
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the proximity of the use to its customers makes its services less expensive and/or
more convenient.
Examples of water related uses are warehousing of goods transported by water, seafood
processing plants, hydroelectric generating plants, gravel storage when transported by
barge, log storage or oil refineries where transport is by tanker.
WRIA: means Water Resource Inventory Area river basin planning and management
areas formalized under Washington Administrative Code (WAC) 173 500 -04 and
authorized under the Water Resources Act of 1971, Revised Code of Washington (RCW)
90.54. WRIA 9 refers to the Green/Duwamish River Basin within which Tukwila is
located.
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4. SHORELINE INVENTORY AND CHARACTERIZATION
SUMMARY
Local jurisdictions updating their Shoreline Master Program (SMP) are required to
prepare an inventory and characterization of the shoreline resources within their
boundaries. As part of the City's SMP update, a Draft Inventory and Characterization
Report and Map Folio was prepared in December 2006, and finalized in the spring of
2007 following technical review by Ecology and King County. The final report and map
folio are included as Appendix A to this SMP. While the report has been finalized, the
City continues to utilize the most recent information available. sueh as the r-eee t ly
u p d t 1-.'1 D„. .1 P 1 �y Digita Flood 1, sur nee T?f.t M (DFIl?M) _ii ie_]i
�ccrrrc rcn
The purpose of the inventory and characterization report was to conduct a baseline
inventory of conditions for water bodies regulated as "shorelines of the state" located in
the City of Tukwila. The area regulated under Tukwila's SMP is approximately 12.5
linear miles along the banks of the Green/Duwamish River.
For the baseline inventory, the river shoreline was divided into four reaches: 1) Reach
GI-PAA (southern Potential Annexation Area); 2) Reach G1 (from the southern City
boundary downstream to the Black River /Green River confluence); 3) Reach G2 (from
the Black River /Green River confluence downstream to the northern City limits); and 4)
Reach G2 -PAA (the northern Potential Annexation Area). The reaches are depicted on
Map 3.
The shoreline characterization identifies existing conditions, identifies current uses and
public access, evaluates functions and values of resources in the shoreline jurisdiction,
and explores opportunities for conservation and restoration of ecological functions. The
findings are intended to provide a framework for updates to the City's shoreline
management goals, policies, and development regulations. Key findings of the inventory
and characterization are summarized below.
4.1 Watershed Context and Shoreline Modifications
The City of Tukwila includes approximately 12.5 miles of the Green/Duwamish River
and is situated in the Puget Sound Lowlands at the transition from the fresh water Green
River to the tidally influenced Duwamish estuary ecosystem. The Green River basin is
part of the Green/Duwamish Water Resource Inventory Area (WRIA 9).
Historically, the Green/Duwamish River drained a significantly larger area than it does
today. The Green/Duwamish River has undergone extensive modifications in the past to
reduce channel migration and limit the extent and duration of valley flooding. The
modifications include both natural river course changes and major engineering projects in
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the early part of the 20 century that diverted the White, Black and Cedar Rivers to
neighboring basins. As a result, the overall freshwater discharge in the Green/Duwamish
River has been reduced to around a third of the pre- diversion era.
Seven pump stations also modify flows into the Green and Duwamish Rivers. Three of
the pump stations, Black River, P -17, and Segale, are operated by the Green River Flood
Control District, and four stations, Lift Stations 15, 17, 18, and 19 are operated by the
City of Tukwila. The Black River pump station is the largest station discharging flows to
the Duwamish River. This station is approximately 1,000 feet upstream of the Green
Black River confluence, and is intended to both block floodwaters from the Green from
inundating the Black River and Springbrook Creek in the City of Renton, and also
regulates flows from Springbrook Creek into the Duwamish River. The P -17 pump
station drains the P -17 Pond that collects surface water from a majority of the Urban
Center. The Segale pump station was installed to regulate soil saturation and piping
during high river events but does not add new flows to the river. The remaining City
pump stations only operate when gravity discharge to the river is prevented by high river
events.
Levees and/or revetments were constructed along much of the Green/Duwamish River
through the City of Tukwila to increase bank strength and reduce flooding. In addition,
flows within the Green/Duwamish River were greatly modified by the construction of the
Howard A. Hansen Dam and installation of water diversions. These modifications
significantly reduced the severity of floods that historically covered much of the valley
bottom. The condition of the current system of levees and revetments is a growing
source of concern for King County and the cities involved, as many of the levees are
aging and do not meet current standards for either flood conveyance or stability. Aside
from the Tukwila 205 certified levee on the left bank of the river in the Urban Center,
other levees in the City do not meet COE standards and are mapped as flood plain. These
include portions of the newly annexed Tukwila South area and levees along the right
bank of the river. Current development proposals in Tukwila South include the
re l fien of the ss a ll ey le reconstruction of the non certified levees to meet
COE standards. The permitting for this work is on- going.
4.2 Biological Resources and Shoreline Functions
The Green/Duwamish River within the City of Tukwila provides important habitat for
several fish and some wildlife species, such as osprey. The aquatic environment within
the channel is an important corridor located at the transition from the freshwater riverine
environment to tidal estuarine environment of Elliott Bay. Almost every species of
anadromous fish migrates through this transition zone. The entire length of the
Green/Duwamish River within the City of Tukwila has been declared "critical habitat"
for Chinook salmon and bull trout. Both species are listed as threatened under the
Federal Endangered Species Act.
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One particularly important feature of Tukwila's shorelines is the habitat functions
provided by the transition zone between fresh and salt water associated with the
Duwamish estuary. In Tukwila, this area generally extends from the East Marginal Way
bridge to the city's northern limits. The transition zone between fresh and salt water has
effectively been pushed upstream from its historic location due to: (1) a significant
reduction (70 of fresh water flowing into the Duwamish estuary (owing to the
diversion of the White and Cedar /Black Rivers), (2) channel dredging, and (3) reduction
of flows as a result of the construction of the Howard A. Hanson Dam. The
establishment of heavy industrial uses in the transition zone has replaced wetlands with
impervious surfaces, and the stream banks have been replaced by levees and other
armoring, eliminating edge habitat which slows flows and creating unrestrained rapid
downstream flows. Spatial structure, residence time, and the habitat available for fish
refugia and rearing functions in the Duwamish estuary have therefore been reduced and
constrained. High densities of fish have been observed utilizing what is left of this
specific habitat. At the watershed scale, overall increases in salmonid survival rates are
dependent on the availability of sufficient transition zone habitat to accommodate fish
while they adjust from fresh to salt water (WRIA 9 Steering Committee, 2005).
Modifications to the river system have resulted over time in reduced levels of ecosystem
functioning, including hydrology, water quality, riparian habitat, and in- stream habitat.
Changes to hydrology are the result of modified flow regime due to dam construction,
diversion, and urban development. River management and levees have reduced the
connection between the rivers and their floodplains, changing the spatial extent of
habitats, and increasing the potential for negative water quality impacts. Disturbances to
the channel banks have resulted in areas that are dominated by non native invasive
species. Wood, in the form of riparian trees and in- channel wood, is generally lacking
throughout the system, which negatively impacts riparian and aquatic habitats.
4.3 Land Use
A. A History of the Green/Duwamish River and Tukwila's Shoreline: Origins of Land
Development Patterns
The Green River drains 492 square miles extending from the western Cascade Mountains to
Elliott Bay. The City of Tukwila lies at the lower t /4 of the overall watershed. As the Green
River flows into the southern boundary of the City of Tukwila, it has drained approximately
440 square miles, or about 78 percent of its total drainage basin. Approximately 12.5 river
miles of the Green/Duwamish River are included within the City of Tukwila, from about
River Mile (RM) 16 to RM 3.7.
The Green/Duwamish River channel has been highly modified during the last 150 years.
Modifications range from the installation of levees and revetments to straightening and
dredging for navigation purposes. In general, the level of physical modification to the
system increases with distance downstream, culminating at the artificial Harbor Island that
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supports industrial activities at the Port of Seattle. Several turning basins are maintained by
periodic dredging throughout the straightened reach. The highly modified portion of the
Green/Duwamish has also been the location of significant discharge of pollutants, resulting
in portions of the river being designated as Federal Superfund sites. Remediation, source
control and disposal activities are ongoing throughout the area.
Prior to European settlement of the Lower Green River Valley, the floodplain likely
consisted of a highly interspersed pattern of active and temporarily abandoned meandering
channels, secondary channels, logjams, riparian forest, and scrub -shrub wetlands. The
proportion of open channel to forest in the floodplain appears to have varied depending on
the severity and timing of floods. High flows resulted in wider channels and the creation of
new channels across the floodplain. Accounts of the channel systems indicate that major
floods resulted in channel avulsion (abrupt change in the course of a river), rerouting around
logjams, and the formation of new logjams. The area presently occupied by the City of
Tukwila appeared historically to contain oxbow channels, secondary and backwater
channels, and extensive floodplain wetlands.
As part of regional flood control and river management efforts, significant watershed -scale
changes occurred to the major river drainages south of Elliott Bay, including changes to the
alignments and discharge points of the Cedar, Black, Green and White Rivers. In general,
these changes have reduced the amount of water flowing through the Green/Duwamish
River to about one third of historic conditions.
Land use changes between European settlement and the current day have occurred in two
general phases. From the mid 1800s to World War II, agriculture and timber harvesting
dominated the Lower Green River Valley. Population densities in the Lower Green River
Valley remained low until the Howard A. Hanson Dam project was completed in 1962,
providing flood protection for the valley. Levees have also been constructed along the
banks of the Green/Duwamish River, ranging from federally- certified levees to non
engineered agricultural berms. Since the dam and levee systems have significantly
decreased the extent of flooding within the Lower Green River Valley, land development
and urbanization have occurred. For more discussion on the character of the
Green/Duwamish River and an inventory of river conditions, see the Shoreline Inventory
and Characterization Report, prepared by ESA/Adolfson, May, 2007 found in Appendix A.
Historically, the Green/Duwamish River valley was known for its farmland. Farming was
established in the early 1900's after forested areas were cleared and transportation to the area
was improved. In 1906, construction of the Lake Washington ship canal eliminated flows of
the Black River into the valley, reducing valley flooding. As a result, the river valley
developed into highly productive farmland for the region.
In the early 1950's, the Port of Seattle proposed to convert much of the Green/Duwamish
River valley to intensive industrial uses. These plans included converting the river into a
shipping canal, possibly reaching as far south as the City of Auburn. Valley landowners
countered this proposal by annexing large tracts of land into Tukwila to retain more control
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over future land use decisions. With the construction of Howard Hanson Dam in 1962 on
the upper Green River, flooding in the valley was further reduced. Much of the river is now
contained within levees and surrounded by commercial and industrial development.
The Port's actions in the northern part of the River and drastic reduction in river flooding
have had a major influence on the development of the river valley. Today, Tukwila's
portion of the Green/Duwamish River is known as a center for retail, commercial and
industrial uses. The river remains inaccessible to shipping activity south of the Turning
Basin, where it can be accessed primarily by small water craft, kayaks and canoes only.
Land uses along the river are mostly commercial and industrial activities, with a few
residential areas. With the designation of the Southcenter area as an Urban Center and the
Duwamish Corridor as a Manufacturing Industrial Center (MIC), this development pattern is
expected to continue, and to intensify as redevelopment occurs.
B. Riverbank Vegetation
The natural environment along the river has been significantly altered from its original
riparian corridor by intense urban development and river bank modification due to the
construction of levees, revetments or other shoreline armoring. Most native stands of trees
are gone, but have been replaced by new trees and plants in some areas. Landscaping with
native and non native plantings have also been completed in conjunction with new
development along the corridor. Birds and small mammals are supported in both habitats.
While more natural habitat is found up stream, re- development of the shoreline has the
potential to provide appropriate landscaping and restoration of habitat that are more
attractive to wildlife, people and a more environmentally sensitive form of development
C. Public Access
The regional Green River Trail provides public access to existing shoreline amenities and
plans anticipate future linkages to Seattle's system. As redevelopment occurs, there will be
opportunities to provide other types of public access, including viewing platforms, boat
ramps and fishing areas.
4.4 Restoration Opportunities and Potential Use Conflicts
Past restoration work focused on the Green \Duwamish River (in Water Resource
Inventory Area 9) has resulted in good data collection and identification of potential
restoration opportunities. Significant restoration activities along the Green \Duwamish
River are already underway in the form of the multi- agency Green River Ecosystem
Restoration Project. Several opportunities have been identified on the river as part of the
recently adopted King County Flood Hazard Management Plan. Restoration
opportunities focus on several key elements:
Removing non native, invasive plant species and re- vegetating with native
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riparian forest species;
Removing artificial debris and walls that harden channel banks;
Integrating the reconnection of floodplains, levee setbacks, and other ecosystem
restoration techniques with future flood and river management efforts; and
Property acquisition to allow for levee setbacks, side channel reconnection, and
channel migration.
Two key issues illustrate constraints to implementing restoration and potential use
conflicts in Tukwila: 1) levee maintenance and management; and 2) existing
development patterns and anticipated redevelopment.
Discussion of shoreline planning for the Green River in Tukwila must acknowledge the
fact that, in light of the existing system of levees (including the federally certified "205"
levees) and revetments, the City cannot act alone. There are a variety of regulatory
jurisdictions outside of the City with different responsibilities for maintenance and
management of the levee system, including the U.S. Army Corps of Engineers (the
Corps), the Federal Emergency Management Agency (FEMA), King County River and
Floodplain Management Unit (acting as part of the Green River Flood Control Zone
District), and private property owners. The City of Tukwila Public Works Department
has overall responsibility for maintenance of all levees, including the federally certified
levee, which extends from about the I -405 crossing to the south City limits. The actual
maintenance work on this levee is contracted by the City to King County.
The restoration of native tree and shrub species along the levees would increase riparian
habitat ecological functioning of this reach of the Green/Duwamish River, benefiting
salmonids as well as other species. However, the Corps of Engineers (responsible for
certifying the federal levee) believes that the root system of these trees could destabilize
levees, resulting in water piping (e.g., water infiltrating into and through levees along
root pathways at higher rates than it could through root free soil) at high flows, and
potential levee failure if trees fall. For the Vegetation Free Zone of the levee, current
Corps guidance only allows grass as vegetative cover on the levees (USACOE,
Engineering Manual 1110 -2 -301). Current guidance also specifies a root -free zone where
plantings can occur, but roots will generally not penetrate this structural zone. Therefore,
under current regulations, to meet the requirements for federal levee certification, some
vegetation was recently removed and ongoing vegetation management will be required to
maintain the levee certification.
Under the SMA, removing trees and vegetation from the riparian zone of shoreline of the
state is in conflict with policies for vegetation conservation and enhancement. A possible
solution is to step back and re -slope the levees to create mid -slope benches where
vegetation can be planted that will not interfere with the levee prism as the levee system
is reconstructed to improve its stability. This would require additional easement area
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beyond the existing maintenance easements that have been acquired along the length of
the system.
The existing development pattern also represents constraints to implementing restoration
projects, including levee setbacks, off channel habitat restoration, wetland and stream
restoration, and riparian zone enhancements. Most of Tukwila is fully developed, with
portions having a dense, urbanized land use pattern. The City's SMP, in place since
1974, establishes a 40 -foot setback from the mean high water line. In many places, there
is little more than this 40 -foot zone that is not intensely developed. Some places have
somewhat more open space and less development and thus have greater flexibility to
accommodate potential habitat restoration actions. The City's vision for future land use,
based on its comprehensive plan, includes maintenance and further development of its
urban character, particularly its identity as a regionally significant center for
manufacturing, industrial, and commercial development. A challenge lies ahead in
determining how best to accommodate new and redevelopment near the shoreline in a
manner consistent with both the Comprehensive Plan and the Shoreline Master Program
in order to achieve "no net loss" of shoreline function.
4.5 Conclusions
Like many rivers in the Puget Sound region, the course and dynamics of the
Green/Duwamish River has changed significantly as a result of development and
alteration of its watershed over the past century or so. Characteristic of many cities in the
region, Tukwila has grown and become highly urbanized. Continued growth is
anticipated and the City is planning for that growth. To a significant degree, the City has
envisioned and maintained a development pattern that preserved public access to the
Green River and assured setbacks of new buildings from the shoreline. Issues of concern
today are focused on reconstructing existing levees and revetments to protect existing
development from flood hazards, an effort that will take place over a number of years in
coordination with the King County Flood Control Zone District, King County and state
and federal agencies. There are many opportunities for conservation and restoration
actions in the City to restore or replace habitat while managing natural hazard areas.
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5. SHORELINE RESTORATION PLAN SUMMARY
5.1 Background
The state guidelines require that local governments develop SMP policies that promote
"restoration" of impaired shoreline ecological functions and a "real and meaningful"
strategy to implement restoration objectives. The City's shoreline inventory and
characterization report identifies which shoreline ecological functions and ecosystem
processes have been impaired. Local governments are further encouraged to contribute
to restoration by planning for and supporting restoration through the SMP and other
regulatory and non regulatory programs. As part of the SMP update process, the City
developed a Draft Shoreline Restoration Plan in February 2007. The draft plan was
finalized in May, 2008 following technical review by King County and Ecology and has
since been updated to include additional potential projects, address Ecology comments
and refocus priorities to projects within the Transition Zone. It is included as Appendix B
to the SMP.
The restoration plan builds on the Inventory and Characterization Report and provides a
framework to:
Identify primary goals for ecological restoration of the Green/Duwamish
ecosystem;
Identify how restoration of ecological function can be accomplished;
Suggest how the SMP update process may accomplish the restoration of
impaired shoreline functions associated with the Green/Duwamish ecosystem;
and
Prioritize restoration projects so that the highest value restoration actions may
be accomplished first.
5.2 Assessment of Shoreline Functions
As summarized in the previous section, the Inventory and Characterization analysis
examined riverine and estuarine ecosystem processes that maintain shoreline ecological
functions, and identified impaired ecological functions. The inventory report identified
key ecosystem processes, and provided a qualitative assessment of their levels of
functioning at both a watershed and city reach scale. Key ecosystem functions identified
in the inventory, their level of alteration, and potential restoration actions are summarized
in Table 1.
As noted in the Inventory and Characterization Report and summarized in the Shoreline
Inventory and Characterization Summary Section, many of the alterations to shoreline
functions and ecosystem processes in the Green/Duwamish River are due to watershed
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scale issues within the upper watershed which cannot be fully restored or addressed in the
lower river section through Tukwila. However, hydrologic, water quality, and habitat
restoration measures in the City do have the potential to improve the overall functioning
of this important section of the Green/Duwamish River ecosystem that includes the
transition zone from fresh to salt water.
Table 1. General Restoration Potential within the Shorelines of Tukwila
Function
Category
Hydrologic
Hydrologic
Water
Quality
Function
Channel Floodplain
Interaction
Alterations to natural functioning
Presence of flood protection structures
(e.g., levees, river bank revetments,
flood gates) and significant fill and
development along the shoreline limit
channel floodplain interactions in
Tukwila.
Potential Restoration Action within the
City
1. Modify current levees and revetments to
increase channel and floodplain interaction;
2. Excavate back or side channels;
Upland sediment Fine sediment contribution to the river Implement enhanced stormwater BMPs for
generation is increased due to build -up and wash fine sediment removal in stormwater runoff.
off from surrounding urban land uses.
Retention of
particulates and
contaminants
Water
Nutrient cycling
Quality
Large Woody
Maintain
Debris
(LWD) and
characteristic plant
Organics
community
LWD and
Source of LWD
Organics:
Levees and revetments are virtually
continuous along the riverbanks,
limiting the potential to retain
particulates or contaminants contained
in stormwater sheet flows in the
fluvially dominated reaches.
Particulates, including sediment, are
retained in the tidally dominated
reaches, as evidenced by the need to
dredge the estuary turning basin.
As channel floodplain interaction was
reduced, the channel became a conduit
for nutrients, offering little opportunity
for contact time with soils.
The majority of the shoreline within the
City of Tukwila is currently dominated
by non native invasive weed species
(Himalayan blackberry, reed canary-
grass, and Japanese knotweed). Some
higher quality areas of cottonwood,
alder, and willow exist in riparian areas
bordering open space, parkland, and
residential zones.
Despite the lack of many sources for
LWD, there are some large
cottonwoods and big leaf maples occur
along the levees and revetment system.
1. Modify current levees and revetments to
increase channel and floodplain area;
2. Install native riparian species to increase
bank roughness.
1. Increase riverine wetland area;
2. Install native riparian plant species.
3. Set back banks (revetments and levees).
1. Remove invasive plants and install native
riparian species;
2. Incorporate LWD into bank stabilization
and restoration projects;
3. Institute programmatic weed control
activities along shoreline.
4. Promote bioengineering techniques for
shoreline stabilization projects.
1. Install native riparian species;
2. Incorporate LWD into bank stabilization
and restoration projects.
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5.3 Plans, Programs, and Completed Proiects
The importance of the Green/Duwamish ecosystem within the Puget Sound has resulted
in significant focus on this area in terms of restoration potential. With the federal listing
of Chinook and bull trout as endangered species, watershed planning in the region (e.g.,
WRIA 9) has focused on developing a Salmon Habitat Plan (WRIA 9, 2005), to which
the City of Tukwila is a party. The plan establishes goals, objectives, and programmatic
and site specific actions to address restoration of habitat critical to salmon species in the
Green/Duwamish watershed.
Tukwila has already engaged in the greater regional restoration effort for the
Green/Duwamish River. The City Council has ratified the WRIA 9 Plan and contributes
resources to maintain operating staff. Tukwila has worked within the larger
Green/Duwamish River Ecosystem restoration project to acquire or donate properties that
are either currently functioning (Cecil B. Moses Park, Codiga Farm), or have the
potential for restoration (North Winds Weir, Duwamish Gardens). WRIA 9 and other
regional partners are currently working together to monitor baseline conditions. Several
projects from the WRIA 9 Plan are included on the City's Capital Improvement Program
list; other projects will be added as CIP projects are completed and funds are identified
for new projects.
The restoration plan identifies several projects that have already been completed in the
Green/Duwamish River. These projects provide an excellent opportunity to learn about
what river restoration measures are the most effective. For example, it appears that the
back channel that was excavated at Codiga Farm provides important habitat for migrating
juvenile fish.
5.4 Restoration Opportunities
Based on the key ecosystem functions that are currently altered, there appear to be five
specific types of restoration actions that will most benefit the Green/Duwamish
ecosystem in Tukwila. These actions are intended to boost the levels of ecosystem
functioning as part of a self sustaining ecosystem that will limit the need for future
manipulation. While these projects are intended to restore many ecosystem functions, the
restoration activities will occur in the highly urban valley bottom, and as a result, cannot
fully achieve pre disturbance channel conditions. In addition, some restoration actions
must occur at the watershed scale, which will restore ecosystem functions that cannot be
addressed solely within Tukwila or as part of the SMP.
Enlarging channel cross sectional area. This action could include setting back
levees and re- sloping banks to reduce steepness. These actions will increase flood
storage, allow for more stable levees, restore some floodplain area, provide a larger
intertidal zone in this important transitional area, and provide a more natural
transition from aquatic to upland habitats. The Transition Zone is identified in Map
2.
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Enhancing existing habitats. These actions could include the removal of non native
invasive vegetation, installation of native riparian vegetation, and installation of LWD
below Ordinary High Water. This action will improve the functioning of the aquatic,
riverine wetland, and riparian habitats that currently exist along the Green/Duwamish
River.
Creating off channel habitat areas. This action would create off channel areas
through the excavation of historic fill or floodplain materials to create back channels
as fish foraging and refugia areas.
Reconnecting wetland habitat to the river. This action would reconnect an old
oxbow wetland to the river, allowing for off channel habitat (Nelson Side Channel).
Removing fish barriers where tributary streams discharge to the river. This
action would remove flap gates and install fish friendly flap gates at the mouths of
Tukwila's three major streams (Gilliam, Southgate and Riverton) and possibly restore
habitat area at these locations in the shoreline jurisdiction.
5.5 Potential Proiects and Priorities
The restoration plan summarizes 26 potential projects as specific restoration projects
within the shorelines of Tukwila. Most of the restoration projects are part of ongoing
restoration planning through the WRIA 9 watershed planning process. Additionally,
opportunities exist to enhance riparian vegetation along the majority of the
Green/Duwamish River.
The restoration plan provides a preliminary qualitative (high, medium, low) project
ranking system. Within this ranking system, the highest priority location for restoration
projects is within the transition zone. The Transition Zone is mapped in Map 2.
High priority projects will typically:
Address both hydrologic and habitat ecosystem functions;
Have opportunity for multiple funding sources;
Include freshwater tributary channels; and /or
Not require additional property acquisition.
Medium priority projects will typically:
Address limited ecosystem functions; and
Be eligible for multiple funding sources, and/or require property acquisition.
Low priority projects will typically:
Only focus on habitat enhancement;
Will be used as mitigation to offset impacts elsewhere; or
Not be eligible for multiple funding sources.
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6. SHORELINE GOALS AND POLICIES
The goals and policies listed below are taken from the City's 1995 Comprehensive Plan.
Strikeout /underlining has been used to indicate proposed revisions to the original 1995
text to reflect changed circumstances or newer requirements. The goals and policies are
found in Chapter 5 of the Comprehensive Plan. The Comprehensive Plan will be
amended to reflect these changes to goals and policies.
6.1 Shoreline Environment Designations. Comprehensive Plan Goal 5.1
Goal: Shoreline Environment designations that meet Washington State Shoreline
Management Act requirements, and reflect local conditions and Tukwila's long -term
vision for its shoreline. The shoreline jurisdiction generally extends for 200 feet on either
side of the Ordinary High Water mark, consistent with the Washington State Shoreline
Management Act. In order to implement this goal, the SMP proposes three Environment
Designations: Shoreline Residential, Urban Conservancy, and High Intensity (as detailed
in the Shoreline Environment Section) that comply with the Washington State Shoreline
Management Act and function well for the City.
Policies:
Policy 5.1.1: Shoreline Residential Environment. In the Shoreline
Residential Environment, priority shall be given to the following:
Uses that preserve or restore the natural character of the shoreline or
promote preservation of vegetation, open space, flood plain or
sensitive area lands; and
Development that is compatible with the natural and biological
limitations of the land and water and that will not require extensive
alteration of the shoreline or new "hard" structural shoreline
stabilization. Where possible the removal of bulkheads, revetments,
levees or other "hard" structural shoreline stabilization is required.
Hard structural shoreline stabilization may be replaced with alternative
bioengineered bank stabilization; and
On publicly owned property, water dependent or water related
recreational activities that are compatible with the character of the
shoreline residential areas.
Maintenance of existing single family residential development patterns
and public open space and recreation uses;
Residential and recreational development that promotes vegetation
conservation and enhancement, sensitive areas protection, and
maintenance of water quality to assure no net loss of shoreline
ecological functions;
Residential and recreational development that contributes to the
restoration of ecological functions over time in areas where ecological
degradation has occurred.
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Policy 5.1.2, Urban Conservancy Environment: In the Urban Conservancy
Environment priority shall be given to the following:
Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
Water enjoyment uses
Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and/or minimize flood damage;
Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
Uses that provide public access and public recreation whenever
feasible and when ecological impacts can be mitigated;
Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
Enhancement and restoration of ecological functions; and
Redevelopment of underutilized areas and development of commercial
and industrial activities where shoreline impacts are minimized and
where there is no net loss of shoreline functions.
Policy 5.1.3, High Intensity Shoreline Environment: In the High Intensity
Environment, priority shall be given to the following:
Water dependent commercial and industrial uses;
Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and/or minimize flood damage;
Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
Uses that provide public access and public recreation whenever
feasible and when ecological impacts can be mitigated;
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Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
Enhancement and restoration of ecological functions; and
Redevelopment of underutilized areas and development of intensive
commercial and industrial activities where shoreline impacts are
minimized and where there is no net loss of shoreline functions.
New nolicv 5.1.4: Shoreline Aquatic Environment. In the Shoreline Aquatic
Environment, priority shall be given to the following:
Uses that preserve or restore the natural character of the shoreline or promote
preservation of vegetation, open space, flood plain or sensitive area lands;
Water dependent uses
Uses that remove shoreline armoring, unless required for a shoreline dependent
use, and uses that prevent and/or minimize flood damage;
Uses that minimize interference with navigation and flood control, consider
impacts to public views, and allow for the safe, unobstructed passage of fish and
wildlife, particularly those species dependent on migration;
Uses that provide public access and public recreation whenever feasible and
ecological impacts can be mitigated;
Development that is compatible with the natural and biological limitations of the
land and water that do not require extensive alteration of the shoreline or new
shoreline stabilization, except for restoration projects.
Enhancement and restoration of ecological functions.
Uses compatible with the adjoining shoreline environments.
6.2 Shoreline Planning and Management. Comprehensive Plan Goal 5.2
Goal: Expanded value of the river as a community and regional resource through
regional coordination of shoreline management programs and through programs that
foster river appreciation and awareness, involving partnerships among businesses,
schools, government and community organizations.
Policies:
Policy 5.2.1: Coordinate shoreline planning and management activities with
other local jurisdictions and their plans such as the WRIA 9 Salmon Habitat
Plan and the King County Flood Hazard Management Plan to establish
region -wide consistency in addressing river issues with regional implications,
such as economic development, public access, wildlife habitat, water quality
control and flood control.
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Policy 5.2.2: Promote river stewardship and increase river awareness through
actions which further shoreline goals, such as educational programs,
community activities, and partnerships with Tukwila residents, businesses,
schools, government, and community organizations.
Policy 5.2.3: Promote and participate in the implementation of the Watershed
Resource Inventory Area (WRIA) 9 Plan, including supporting the
recommended projects located in Tukwila to improve the habitat functions of
the Green/Duwamish River, as well as the Plan policies and goals.
C. Implementation Strategies:
WRIA 9 Salmon Habitat Plan
Tukwila SMP Restoration Plan
King County Flood Hazard Management Plan
6.3 Land Development Use and Economic Vitalitv, Comprehensive Plan Goal
5.3
Goal: Development along the shoreline that fosters the economic vitality of Tukwila
while preserving the long -term benefits of the river.
Policies:
Policy 5.3.1: Implement Shoreline Design Guidelines to:
Encourage design that views the river as an amenity;
Guide the design of multiple shoreline uses;
Establish techniques for increasing multiple shoreline use;
Prioritize locations for use;
Encourage removal of invasive species with nonchemical methods and
maintenance of native planted vegetation to minimize the presence of
invasive species.
Policy 5.3.2: Design and locate all shoreline development to minimize impacts
on areas identified as important for other river uses, such as wildlife and
aquatic habitat, river vegetation, public access and recreation, historical
resource and flood control.
Policy 5.3.3: When no other feasible alternative exists, allow structures for
water dependent uses to be placed in the water, or structural reinforcement of
the riverbank, only when this provides a significant, long -term public benefit,
does not interfere with navigation or flood management, does not cause a loss
of shoreline function or is essential to a water dependent use.
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constructed to incorporate habitat restoration features and work to remove
existing shoreline armoring where possible— to restore habitat functions.
Policy 5.3.5: Recognize and promote the river's contribution to the economic
vitality of Tukwila, as a valuable amenity for existing and future businesses
which depend on or benefit from a shoreline location.
Policy 5.3.6: Ensure that shoreline development does not diminish the
commercial navigability of the River.
Policy 5.3.7: Tukwila Urban Center Development Policy: Design and locate
shoreline development in the Tukwila Urban Center to encourage water
enjoyment uses that:
Provide for shoreline multiple uses that are consistent with the
underlying zoning;
Provide additional benefits, such as riverbank restoration, fishing
piers, non motorized boat launches, river views, or interpretive signs;
Support public access to and along the shoreline;
Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
Encourage efficient use of land, through such techniques as clustering,
mixed use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors.
Ensure that new development and re- development in the Urban Center
acknowledges the goal of a continuous street fagade along Christensen
Road and the riverfront and locates parking facilities to the interior of
the lot.
Implementation Strategies for Policy 5.3.7:
Shoreline Design Guidelines
Development Standards
o Tukwila Urban Center Plan
MIC Development Policy 5.3.8: Ensure that non -water dependent shoreline
development in the MIC provides for shoreline multiple uses to the extent that
site security and the success of industrial operations are not jeopardized;
ensures no net loss of shoreline function and provides adequate mitigation for
the loss of shoreline multiple use opportunities.
MIC Development Policy 5.3.9: Allow opportunities for commercial and
recreational marinas to locate in Tukwila downstream of the turning basin,
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where compatible with existing and future navigability and existing and future
ecological restoration projects.
Policy 5.3.10: Development outside the Tukwila Urban Center or MIC:
Design and locate shoreline development outside of the Tukwila Urban Center
and the MIC to:
Provide for multiple shoreline uses;
Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
Encourage efficient use of land through such techniques as clustering,
mixed -use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors;
Treat the river as an amenity in the design and location of the project.
6.4 Private Propertv Rights. Comprehensive Plan Goal 5.4
Goal: Protect rights of property owners to reasonable use and enjoyment of private
property, through appropriate location, access to, and design of shoreline uses.
Policies
Policy 5.4.1: Design, locate and manage shoreline uses in a manner which
maintains reasonable use and enjoyment of private property.
Policy5.4.2: Design and locate public access in a way that is appropriate for
the site, depending on site conditions and private property concerns.
Policy 5.4.3: Special sensitivity is required for residential property; therefore,
all single family residential development of four or fewer single family
residential lots is excluded from requirements to provide private or public
access. Single family property owners are not exempt from the responsibility
to improve the habitat value of the shoreline environment.
Policy 5.4.4. Maintain flexibility in methods of obtaining public access, to
allow for different site conditions and private property concerns that might
conflict with public access, such as privacy, safety, and security.
Policy 5.4.5: Obtain additional easement area to permit the improvement of
flood control and river habitat by setting back levees or removing revetments
and other hard shoreline armoring and replacing with more habitat friendly
flood control levees or other shoreline treatment.
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6.5 Shoreline Design Oualitv, Comprehensive Plan Goal 5.5
Goal: Enhanced identity of the river as a unique community asset through high quality
development and public activities that reflect Tukwila's history and sense of community
pride.
Policies:
Policy 5.5.1: Require that shoreline development outside of the MIC:
Ensures no net loss of shoreline function;
Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
Reflects principles of high quality design, in such areas as site
planning, architecture and landscaping;
Includes setbacks, bulk, height, density, landscape buffers and
provisions for open space that enhance the shoreline environment.
Implementation Strategies for Policy 5.5.1:
Shoreline design guidelines
Shoreline development standards
o Tukwila Urban Center Plan
Policy 5.5.2: Require that shoreline development in the MIC:
Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
Maintains or enhances the existing visual quality along the river;
Provides trees and other landscaping to buffer industrial uses that are
incompatible with other river uses;
Provides amenities that enhance enjoyment of the river by employees.
Implementation Strategies for Policy 5.5.2:
Shoreline design guidelines
Shoreline development standards
6.6 Access and Recreational Use, Comprehensive Plan Goal 5.6
Goal: Increase the amount and diversity of opportunities for public recreation and access
to and along the river, including visual and cultural access, access to the water's edge,
opportunities for small boat navigation and access, and connections to other
neighborhoods, consistent with the shoreline character.
Policies:
Policy 5.6.1: Retain and improve areas identified as important in the network
of public access to the river, including cross -town connections, former
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railroad right -of -ways and unimproved street -end right -of -ways, historic sites,
unique natural features or other areas valuable for their interpretive potential.
Policy 5.6.2: Maintain existing parks along the shoreline and acquire
additional park land to increase access and recreation opportunities.
Policy 5.6.3: Incorporate river access requirements to guide the design,
location and management of shoreline public access in short plats over 4 lots
and all subdivisions as well as multi family, commercial and industrial
development; to identify types of access appropriate and feasible for various
site conditions and locations; and to establish strategies, funding sources and
priorities for acquisition and enhancement of shoreline public access.
Implementation Strategies for Policies 5.6.1-5.6.3:
Shoreline design guidelines
Shoreline access guidelines
Shoreline development standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.4: Design, locate and manage public access for diverse types and
variable levels of intensity in order to minimize impacts on vulnerable
features of the natural environment and to minimize conflicts with private
property uses.
Policy 5.6.5: Where shoreline development provides public access areas,
reserve such areas for use by the public through the means most appropriate
for the type, scale and impacts of the development, such as dedication,
donation or sale of an easement or right -of -way to the City.
Policy 5.6.6: Support the implementation of the King County Green River
Trail, per the existing King County Green River Trail Master Plan as well as
pedestrian/bicycle connections with the Trail from properties on the opposite
bank and the expansion of this trail where appropriate.
Policies for Development outside MIC:
Policy 5.6.7: Require subdivisions, multi family residential uses and
commercial and industrial uses along the shoreline to provide a trail for public
access along the river in areas identified for trail connections, consistent with
the King County Green River Trail Master Plan, Shoreline Master Program or
any other approved access plan.
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Implementation Strategies for Policy 5.6.7
King County Green River Trail Master Plan
Shoreline public access standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.8: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access, and
appropriate lighting, consistent with the shoreline access guidelines.
Implementation Strategies for Policy 5.6.8
King County Green River Trail Master Plan
Shoreline public access standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.9: Except for single family residential development of four or
fewer single- family residential lots, shoreline development shall maintain and
encourage views of the water from the shoreline and from upland area,
through design of building height, bulk and modulation, and windows,
breezeways and outdoor spaces.
Implementation Strategies
o Shoreline design guidelines
Policy 5.6.10: Public access improvements should be designed and
constructed to:
Look and "feel" welcoming to the public;
Connect to public areas, street ends, and other pedestrian or public
throughfares;
Enhance the character of Tukwila;
Avoid conflicts with water dependent uses;
Provide for public safety and minimize impacts to private property
and individual privacy and security;
Require a low level of operation and maintenance;
Ensure that construction (i.e. structures and access pathways)
incorporates environmentally sensitive design and materials (e.g.,
non toxic, natural materials)
Policy 5.6.11: Improve pedestrian connections between the river, Green River
Trail and the Urban Center's commercial, office and residential uses.
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Policies for Development in MIC
Policy 5.6.12: For MIC properties included in the King County Green River
Trail Master Plan or other approved access plan, require shoreline
development to provide a trail for public access along the river.
Policy 5.6.13: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access and
appropriate lighting, consistent with the shoreline access guidelines.
Policy 5.6.14: For MIC properties not included in the King County Green
River Trail Plan, require shoreline development to provide public access or a
private natural area in lieu of public access, or otherwise mitigate the loss of
public access.
Implementation Strategies for Policies 5.6.12 -14
Shoreline design guidelines
Shoreline access guidelines
o Walk and Roll Plan
o Parks and Open Space
6.7 Transportation within the Shoreline Jurisdiction. Comprehensive Plan
Goal 5.7
Goal: Safe corridors and amenities for pedestrians, cyclists and users of public
transportation, allowing more citizens to access and enjoy the river.
Policies:
Policy 5.7.1: Design and locate transportation uses within the shoreline
jurisdiction to be compatible with shoreline vegetation or other habitat
features, turn-outs or parking areas for public access, biofiltration swales to
protect water quality, public art or interpretive signs.
Policy 5.7.2: Ensure the transportation uses within the shoreline jurisdiction
and within those corridors identified as river cross connections provide safe,
convenient and attractive pedestrian, bicycle and boater access and facilities
for public transportation.
Policy 5.7.3: Minimize transportation impacts to the natural environment
(such as air, noise, odor or water pollution) and enhance the natural
environment wherever possible through planting trees and other habitat
features.
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Policy 5.7.4: Encourage maintenance of the river's navigability up to the
Turning Basin, where this achieves a greater public interest and a balance
between costs and benefits to the broader community and impacts to the
habitat functions of the river, in recognition of the historical significance of
navigation and its importance to the economic vitality of water dependent
uses and the MIC
6.8 Historical Resource Use and Archaeoloeical Protection. Comprehensive
Plan Goal 5.8
Goal: Recognition of the river's contribution to Tukwila history and community identity
through identification, enhancement, restoration, and protection of sites with historic and
cultural value and through development of interpretive and educational programs.
Policies
Policy 5.8.1: Ensure that shoreline development reflects the river's important
role in Tukwila's history and that long -term public use of the river as an
historical resource is protected by providing for the identification, protection
and interpretation of unique historic and archaeological features.
Policy 5.8.2: Ensure that public shoreline development reflects the river's
natural features and community traditions.
Policy 5.8.3: Ensure that archaeological artifacts and sites are protected when
development takes place in the shoreline jurisdiction.
6.9 Natural Environment and Habitat Use. Comprehensive Plan Goal 5.9
Goal: Restored, enhanced, and protected natural environment resources along the river,
including trees, wildlife habitat and features with value for long -term public, scientific
and educational uses.
Policies
Policy 5.9.1:Ensure that shoreline development results in no net loss of
shoreline ecological function, minimizes impacts on wildlife and that
significant vegetation, sandbars, wetlands, watercourses, and other critical
areas identified as important for habitat are maintained through the proper
location, design, construction, and management of all shoreline uses and
activities.
Policy 5.9.2: Ensure that shoreline development and activities protect
riverbank vegetation and, where feasible, restore degraded riverbanks in
accordance with the vegetation management provisions of the Shoreline
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Master Program, in order to minimize and compensate for impacts to fish and
wildlife habitat.
Policy 5.9.3: Mitigate unavoidable disturbances of significant vegetation or
habitat through replacement of habitat and provision of interpretive features
consistent with the shoreline access guidelines.
Policy 5.9.4: Support relief from certain shoreline master program
requirements for properties affected by habitat restoration projects that result
in the movement of the ordinary high water mark.
Policy 5.9.5: Support establishing the Transition Zone as the priority area for
habitat restoration projects given its importance for subtidal and intertidal
habitats to allow salmonids to gradually adjust to the change between fresh
and saltwater conditions.
6.10 Water Oualitv, Surface Water and Flood Control Use. Comprehensive
Plan Goal 5.10
Goal: Improved water quality and quantity control programs affecting the
Green/Duwamish River that improve the river's water quality, provide habitat for fish and
wildlife, protect public health and safety, and enhance public enjoyment of the river.
Policies:
Policy 5.10.1: Design, locate, and manage shoreline development including
streets, flood control projects, surface water drainage and sewer systems,
clearing and grading activities, and landscaping in a manner which minimizes
opportunities for pollutants to enter the river, provides erosion control and
otherwise protects water quality.
Policy 5.10.2: Design, manage, and mitigate flood control uses to minimize
impacts to other shoreline uses such as trees and riverbank vegetation, public
access and recreation, and fish habitat; and set them back from the river,
where feasible for the project, with land areas between the water and the levee
set aside as open space for public recreation or wildlife habitat.
Policy 5.10.3: Consistent with project feasibility, mitigate unavoidable
negative impacts on other shoreline uses owing to flood control uses through
such measures as restoration of trees and native riverbank vegetation,
provision of public access to the water's edge, interpretive features, or other
mitigation of loss of opportunities for shoreline multiple uses.
Policy 5.10.4: Obtain additional easements, where needed, from property
owners to set back levees to improve flood control and shoreline habitat
functions. Where possible, as redevelopment occurs, replace bulkheads,
revetments or other hard bank stabilization with more natural levees,
riverbanks or other shoreline treatments, to improve flood control, ecological
functions and habitat.
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C. Implementation Strategies
Increase levee setback to incorporate flatter, more stable slope and vegetated
mid -slope benches
Shoreline access guidelines
Surface Water Management Plan
WRIA 9 Plan water quality policies
Shoreline Restoration Plan
6.11 Public Health, Safetv and Welfare. Comprehensive Plan Goal 5.11
Goal: Shoreline uses that do not endanger public health, safety and welfare, or the
capacity of the river to provide long -term benefits and resources to the community.
Policies:
Policy 5.11.1: Design, locate, and manage shoreline uses, such as capital
improvement projects and private development, in a manner that does not
endanger public health, safety and welfare, and enhances the capacity of the
river to provide long -term flood protection, habitat and other benefits and
resources to the community and the environment.
6.12 Shoreline Use Preferences, New Comprehensive Plan Goal 5.12
Goal: Tukwila, in developing and implementing its shoreline master program for
shorelines of statewide significance, including the Green/Duwamish River, shall
give preference to uses in the following order of preference which:
1. Recognize and protect the statewide interest over local interest;
2. Preserve the natural character of the shoreline;
3. Result in long term over short term benefit;
4. Protect the resources and ecology of the shorelines;
5. Increase public access to publicly owned areas of the shorelines;
6. Increase recreational opportunities for the public in the shoreline;
7. Provide for any other element as defined in RCW 90.58.100 deemed
appropriate or necessary.
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7. SHORELINE ENVIRONMENT DESIGNATIONS
The City of Tukwila's Shoreline Master Program (SMP) establishes a system to classify
shoreline areas into specific "environment designations." This system of classifying
shorelines is established by the Shoreline Management Act (RCW 90.58) and Master
Program Guidelines (WAC 173 -26 -211). The purpose of shoreline environment
designations is to provide a uniform basis for applying policies and use regulations within
similar shoreline areas. Generally, shoreline designations should be based on existing
and planned development patterns, biological and physical capabilities and limitations of
the shoreline, and a community's vision or objectives for its future development.
7.1 Existing Regulatory Framework
Tukwila's current SMP, first adopted in 1974, designates all shorelines as "Urban." At
the time the 1974 SMP was developed, all of the land in Tukwila's shoreline jurisdiction
was either zoned commercial /industrial or was developed with urban uses. The SMP
defines the Urban Environment as "areas to be managed in high intensive land uses,
including residential, commercial and industrial development and accessory uses, while
providing for restoration and preservation to ensure long -term protection of natural and
cultural resources within the shoreline" (Tukwila, 1974). The SMP further states that the
management objectives for the shoreline "are directed at minimizing adverse impacts on
the river and shoreline ecology, maximizing the aesthetic quality and recreational
opportunities of the river shore, and recognizing the rights and privileges of property
owners" (Tukwila, 1974). Within the Urban Environment, Tukwila's SMP employs a
tiered system of regulations based on the distance from the Green/Duwamish River mean
high water mark (MHWM). These tiered management zones are generally described
below and illustrated on Figure 1:
River Environment/Zone: a 40 -foot wide zone extending landward from
MHWM and having the most environmentally protective regulations;
Low Impact Environment/Zone: the area between the River Environment and
100 feet from the MHWM; and
High- Impact Environment /Zone: the area between 100 and 200 feet from the
MHWM.
The City also administers the King County Shoreline Master Program for the areas which
have been annexed since the adoption of the City's SMP in 1974. These areas are
designated Urban and the setbacks from Ordinary High Water Mark vary from 20 feet to
50 feet depending on whether the use is water dependent, single family or
commercial /industrial. See Annexation History, Map 1 for an identification of the areas
where the City administers the County's SMP.
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I
200'
I
I
200'
URBAN
I
ENVIRONMENT
I
t
URBAN ENVIRONMENT
j 100'
60`
40' I
I 40'
60' 100'
I HIGH
q LOW
I RIVER I
I RIVER i
LOW I HIGH
I IMPACT
I IMPACT
I ZONE I
I ZONE I
IMPACT I IMPACT
j ZONE
I
ZONE
I
I
t I
I
I 1
ZONE ZONE
1
MEAN HIGH WATER LINE
RIVER
Figure 1. Current Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44)
7.2 Kev Findines of the Shoreline Inventory Characterization Report and
Restoration Plan
This section summarizes findings from the Inventory and Characterization Report and
Restoration Plan elements of the SMP update (Appendices A and B). These findings
inform the goals, policies, regulations, and the development and application of
environment designations. In this context, the key findings can be summarized as
follows:
The Green/Duwamish River throughout Tukwila is a critical resource,
particularly in the Transition Zone portion of the river that extends from the East
Marginal Way South bridge through the north City limits (see Map 2), where
juvenile salmon adjust from fresh to salt water habitat. The river provides
migratory habitat for numerous fish species, as well as riparian habitat for a
variety of wildlife.
The river is a critical resource for Muckleshoot Indian Tribe fishing.
The river is a critical resource for some water dependent uses north of the
Turning Basin.
The river is an important recreational resource for sport fishing, small water craft
and Green River Trail users.
At an ecosystem scale, the habitat is largely homogenous throughout the city.
In addition, many ecosystem processes are largely controlled by up -river
characteristics, particularly the Howard Hanson Dam and are little affected by
actions in the City, except for such functions as water quality (especially fine
sediment capture and filtering of contaminants in stormwater), local surface
hydrology (stormwater from increasing amounts of impervious surfaces and
contribution to peak flows of the river), riparian habitat, and temperature control
(shading from riparian habitat).With the exception of the functions provided by
the transitional mixing zone from salt to fresh water, habitat conditions and
functions are relatively similar throughout the shoreline. The transition zone
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needs greater protection and restoration focus than other sections of the shoreline
in the city.
Restoration opportunities are numerous and spatially distributed throughout
Tukwila's shoreline. Activities that provide restoration of both floodplain
functions and habitat functions should be prioritized, particularly those projects
in the transition zone. Policies should promote and regulations should enable the
City to accomplish restoration goals and actions.
7.3 State Environment Desienation Svstem
State Master Program Guidelines (WAC 173 -26 -211) establish the environment
designation system for shorelines regulated by the Shoreline Management Act. The
guidelines (WAC 173 -26 -150 and 176 -26 -160) give local jurisdictions the option to plan
for shorelines in designated Urban Growth Areas (UGA) and Potential Annexation Areas
(PAA) as well. The City can "pre- designate" shoreline environments in its designated
PAA as part of this planning process. However, shorelines in the PAA would continue to
be regulated under the provisions of the King County SMP until the City annexes those
areas. King County's SMP designates the City's north PAA "Urban" and the south PAA
as "Rural." King County is also in the process of updating its SMP, so these designations
may change when the County adopts an updated SMP, expected sometime before
December 2009. The County's Draft SMP designates the City's North PAA and the
South PAA as High Intensity.
The guidelines (WAC 173 -26 -211 (4) (b)) recommend six basic environment
designations: high intensity; shoreline residential; urban conservancy; rural conservancy;
natural; and aquatic. Local governments may establish a different designation system,
retain their current environment designations and/or establish parallel environments
provided the designations are consistent with the purposes and policies of the guidelines
(WAC 173 -26 -211 (4)(c)). The guidelines also note that local shoreline environment
designations should be consistent with the local comprehensive plan (WAC 173 -26 -211
For each environment designation, jurisdictions must provide a purpose statement,
classification criteria, management policies and environment specific regulations. Table
2 describes the purpose for each of the recommended designations in the state guidelines.
For each designation, the potential applicability to Tukwila is noted.
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Table 2. State Recommended Environment Designation System WAC 173 -26 -211 (5)
Environment
Designation
Aquatic
W r rr. e l l 1110 ...1;.,..0„r pla.la
t
cfc gam n a ti o n
Natural
Rural
Conservancy
Urban
Conservancy
Shoreline
Residential
High Intensity
Purpose
The purpose of the "aquatic" environment is to
protect, restore, and manage the unique
characteristics and resources of the areas
waterward of the ordinary high -water mark.
The purpose of the "natural" environment is to
protect those shoreline areas that are relatively
free of human influence or that include intact or
minimally degraded shoreline functions
intolerant of human use.
The purpose of the "rural conservancy"
environment is to protect ecological functions,
conserve existing natural resources and
valuable historic and cultural areas in order to
provide for sustained resource use, achieve
natural flood plain processes, and provide
recreational opportunities.
The purpose of the "urban conservancy"
environment is to protect and restore ecological
functions of open space, flood plain and other
sensitive lands where they exist in urban and
developed settings, while allowing a variety of
compatible uses.
The purpose of the "shoreline residential"
environment is to accommodate residential
development and appurtenant structures that
are consistent with this chapter. An additional
purpose is to provide appropriate public access
and recreational uses.
The purpose of the "high- intensity"
environment is to provide for high intensity
water oriented commercial, transportation, and
industrial uses while protecting existing
ecological functions and restoring ecological
functions in areas that have been previously
degraded.
Applicability to Tukwila
This designation will be used for the area
waterward of the ordinary high water mark.
which includes the water surface alone
with the undedvina lands and the water
column. Th Cit d oes r fl 'I'
aceording to the provisions Eat' i-he
While the Green River shorelines in
Tukwila provide some important
ecological functions, the river and adjacent
uplands throughout Tukwila have been
significantly altered by dense urban
development and are generally armored or
otherwise modified.
Not applicable to Tukwila. All of the
City's shorelines are urbanized. Potential
annexation areas are either urbanized or
proposed for intensive development.
This designation is applicable in that the
Green River is an important natural
resource. The most significant shoreline
function provided in Tukwila is related to
fish and wildlife habitat. Open space is
limited by the existing development
pattern and flood plains are largely
disconnected by a series of levees,
revetments, and other infrastructure.
This designation is most applicable for
those portions of Tukwila's shorelines
where the existing and planned
development pattern is for low density
(i.e., predominantly single family)
residential uses or public recreation uses.
This designation is applicable along only
part of Tukwila's shorelines, in the
Manufacturing and Industrial Center
(MIC) north of the Turning Basin. Water
dependent uses are currently limited, as
only a small portion of the river in Tukwila
is navigable for commercial purposes, and
much of the river has levees, thus
restricting use immediately adjacent to the
river.
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7.4 Proposed Environment Designations
The Aquatic, Natural and Rural Conservancy Environments are not well suited to a
highly developed, urbanized river that is navigable for only a small portion of the system
and is significantly constrained by levees for flood management, such as the
Green/Duwamish River in Tukwila. The City's Shoreline Environments, which are
identified on Map 3, are:
Shoreline Residential Environment
Urban Conservancy Environment, and
High Intensity Environment
Aquatic Environment
The City proposes to designate a buffer to replace the current system of parallel shoreline
management zones. Instead of the current River Environment, a minimum buffer will be
established for each shoreline environment and allowed uses will be designated for the
buffer area along the river and the remaining shoreline jurisdiction. This system is
intended to facilitate the City's long -range objectives for land and shoreline management,
including:
Ensuring no net loss of ecological shoreline functions;
Providing for habitat protection, enhancement, and restoration to improve
degraded shoreline ecological functions over time and protection of already
restored areas;
Allowing continued and increased urban development in recognition of
Tukwila's role as a regionally significant industrial and commercial center;
and
Providing for improved flood control in coordination with King County and
the Army Corps of Engineers.
Table 3, on the following page, provides a summary of the characteristics of the river
shoreline in Tukwila to set the stage for the discussion in Section 7.5 on the
determination of shoreline buffers.
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Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline Ecological
Conditions
Area
Characteristics Environment Buffer
MIC /H
Fresh/Salt water High Intensity 100'
MIC /L Zoned
Transition Zone,
property from
Lower flooding risk,
North City
Less than 20'
Limits to
difference from
EMWS
OHWM to top of
Bridge, and
bank, tidal influence
North Potential
from toe
Annexation
Area
LDR Zoned
Moderate flooding Shoreline
Distance
property w/o
risk, Less than 25' Residential
required
levees from
difference from
to set
EMWS to I-
OHWM to top of
back
405
bank, tidal influence
slope
on northern section
from toe
at 2.5:1
plus 20'
setback,
Min. 50'
width
Modification
The Director may reduce the standard
buffer on a case -by -case basis by up to
50% upon construction of the following
cross section:
1. reslope bank from OHWM (not
toe) to be no steeper than 3:1, using
bioengineering techniques
2. Minimum 20' buffer landward
from top of bank
3. Bank and remaining buffer to be
planted with native species with high
habitat value
Comment: Maximum slope is reduced due
to measurement from OHWM and to
recognize location in the Transition Zone
where pronounced tidal influence makes
work below OHWM difficult.
Any buffer reduction proposal must
demonstrate to the satisfaction of the
Director that it will not result in direct,
indirect or long -term adverse impacts to
the river. In all cases a buffer enhancement
plan must also be approved and
implemented as a condition of the
reduction. The plan must include using a
variety of native vegetation that improves
the functional attributes of the buffer and
provides additional protection for the
shoreline ecological functions.
Removal of invasive species and replanting
with native species of high habitat value
voluntary unless triggered by requirement
for a Shoreline Substantial Development
permit
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LDR Zoned
property with
levees from
EMWS to I-
405
Commercially
zoned property
from 42 °a Ave
S. Bridge to I-
405
West River
bank from I-
405 to South
City Limit,
Tukwila 205
Levee and
South
Annexation
Area
Moderate flooding
Shoreline 125'
Upon reconstruction of levee in accordance
risk, Less than 25'
Residential
with minimum profile, the Director may
difference from
reduce the buffer to actual width required.
OHWM to top of
Comment: this applies to City -owned
bank, tidal influence
property at Fort Dent.
on northern section
Moderate flooding
Urban 100'
The Director may reduce the standard
risk, Less than 25'
Conservancy
buffer on a case -by -case basis by up to 50%
difference from
upon construction of the following cross
OHWM to top of
section:
bank
reslope bank from toe to be no
steeper than 2.5:1 using
bioengineering techniques
Minimum 20' buffer landward
from top of bank
Bank and remaining buffer to be
planted with native species with
high habitat value
Any buffer reduction proposal must
demonstrate to the satisfaction of the
Director that it will not result in direct,
indirect or long -term adverse impacts to
shoreline ecological functions. In all cases a
buffer enhancement plan must also be
approved and implemented as a condition
of the reduction. The plan must include
using a variety of native vegetation that
improves the functional attributes of the
buffer and provides additional protection
for the shoreline ecological functions.
High flooding risk,
Urban 125'
Upon construction or reconstruction of
Federally certified
Conservancy
levee in accordance with City minimum
and County levee,
profile the Director may reduce the buffer
large water level
to the actual width required. In no case
fluctuations
shall the buffer be less than 50 feet.
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East River
bank without
levee from I-
405 south to
City Limits
East River
bank with
levee from I-
405 to South
City Limit
Any shoreline
environment
where street or
road runs
parallel to the
river through
the buffer
Moderate flooding
Urban
The Director may reduce the standard
risk, 20 to 25'
Conservancy 100'
buffer on a case -by -case basis by up to 50%
difference from
upon construction of the following cross
OHWM to top of
section:
bank, Moderate
1. reslope bank from toe to be no
slumping risk, large
steeper than 2.5:1, using
water level
bioengineering techniques
fluctuations
2. Minimum 20' buffer landward
from top of bank
3. Bank and remaining buffer to be
planted with native species with high
habitat value
Any buffer reduction proposal must
demonstrate to the satisfaction of the
Director that it will not result in direct,
indirect or long -term adverse impacts to
shoreline ecological functions. In all cases a
buffer enhancement plan must also be
approved and implemented as a condition
of the reduction. The plan must include
using a variety of native vegetation that
improves the functional attributes of the
buffer and provides additional protection
for the shoreline ecological functions.
Moderate flooding
Urban 125'
Upon reconstruction of levee in accordance
risk, 20 to 25'
Conservancy
with City minimum profile the Director
difference from
may reduce the buffer to the actual width
OHWM to top of
required for the levee. In no case shall the
bank, Moderate
buffer be less than 50 feet.
slumping risk, large
water level
fluctuations
End buffer on river side of existing
improved street or roadway.
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r,
Reach G2
PAA
Turning Basin
Reach G2
Legend
I
i
,4
Tukwila City Limits
PAA Potential Annexation Areas
Aquatic Environment
Urban Conservancy Shoreline Environment
«vim• High Intensity Shoreline Environment 4011
,.mow• Shoreline Residential Environment M
Source:
City of Tuk aka GIS
King County GIS
t,
T�
s
4 N
i
Shoreline
Environments
i
Reach G1
I ,1
L
f
V
a
i
Reach G 1 PAA
115
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7.5 Determination of Shoreline Buffers
The determination of the buffer distances for each shoreline environment was based on several
factors including the analysis of buffer functions needed for protecting and restoring shoreline
ecological function (as presented in the Shoreline Inventory and Characterization Report) and the
need to allow space for bank stability and for protecting human life and structures from damage
from high flows, erosion and bank failures. Safety of residents and people who work in
buildings along the shoreline has become even more important in recent years due to the increase
in stormwater entering the river from increasing impervious surfaces throughout the watershed
and the recent problems with the Howard Hanson Dam, which preclude being able to store as
much flood water behind the dam in the winter until the dam is repaired, and increasing the
frequency and intensity of flows during high rain events. These higher and more frequent flows
will put more stress on over steepened banks all along the river, increasing the possibility of
bank erosion, levee failures, and bank failures. Thus, ensuring that new structures are not built
too close to the river's edge is crucial to avoid loss of human life.
Staff also reviewed the rationale for the buffer widths established for watercourses under TMC
18.45, the Sensitive Areas Ordinance, as well as buffer widths recommended by resource
agencies, such as the State Department of Fish and Wildlife, Department of Natural Resources
and the recent Biological Opinion issued by National Marine Fisheries Service in relation to
FEMA's National Flood Insurance Program.
The final buffer widths proposed by staff for each shoreline environment attempted to balance
shoreline ecological function needs, human life and property protection needs (including future
levee repair /reconstruction), existing land use patterns, and state and federal agency policies.
The following information summarizes the analysis carried out and the rationale used for
determining buffer widths.
A. Buffer Functions Supporting Shoreline Ecological Resources, Especially Salmonids
Buffers play an 'important role in the health of any watercourse and an even more important role
when considering the health of salmonids in the Green/Duwamish River system. The key buffer
functions for the river are summarized below.
The Shoreline Management Act and the Department of Ecology regulations require evaluation of
ecological functions and that local SMPs ensure that the policies and regulations do not cause
any net loss of shoreline ecological function. In addition, the SMP must identify mechanisms for
restoration of lost ecological functions.
The crucial issue for the Green/Duwamish River is the presence of salmonids that are on the
Endangered Species list. To protect and restore ecological functions related to these species it is
important to provide for the installation of native vegetation along the shoreline. Such
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vegetation provides shade for improving temperature conditions in the river and habitat for
insects on which fish prey. Trees along the shoreline also provide a source of large woody debris
(tree trunks, root wads, limbs, etc. that fall into the water), which in turn provides pooling and
areas of shelter for fish and other animals. In order to allow for planting of native vegetation,
banks need to be set back to allow for less steep and more stable (requiring less armoring) slopes,
so that they can be planted. The Corps of Engineers does not allow planting on levees unless
they are set back to an average slope of 2.5:1 and constructed with a mid -slope bench. Plantings
are allowed on the mid -slope bench and this is crucial for improving shoreline ecological
functions that are needed in the river.
The buffer widths needed to achieve a particular buffer function vary widely by function type
from as little as 16 feet for large woody debris recruitment (assuming the buffer has large trees)
to over 400 feet for sediment removal. The Washington State Department of Fish and Wildlife
(WDFW) recommends a riparian buffer width of 250 feet for shorelines of statewide significance
(this applies to the Green/Duwamish River). The Washington Department of Natural Resources
(WDNR) recommends a riparian buffer of 200 feet for Class 1 Waters (the Green/Duwamish
River is a Class 1 Water under the WDNR classification scheme). The National Marine
Fisheries Service (responsible at the federal level for overseeing protection of endangered
salmonids under the Endangered Species Act) has recommended a buffer of 250 feet in mapped
floodplain areas to allow for protection of shoreline functions that support salmonids. Tukwila's
Sensitive Areas Ordinance (TMC 18.45) has established a 100 foot buffer for Type 2
watercourses in the city (those that bear salmonid species).
The key buffer functions for the river are summarized below.
1. Maintenance of Water Quality
Salmonid fish require water that is both colder and has lower nutrient levels than
many other types of fish. Vegetated shoreline buffers contribute to improving water
quality as described below.
a. Water Temperature: The general range of temperatures required to support
healthy salmonid populations is generally between 39 degrees and 63 degrees.
Riparian vegetation, particularly forested areas can affect water temperature
by providing shade to reduce exposure to the sun and regulate high ambient
air temperatures.
b. Dissolved Oxygen: dissolved oxygen is one of the most influential water
quality parameters for aquatic life, including salmonid fish. The most
significant factor affecting dissolved oxygen levels is water temperature
cooler streams maintain higher levels of oxygen than warmer waters.
c. Metals and pollutants: Common pollutants found in streams, particularly in
urban areas, are excessive nutrients (such as phosphorous and nitrogen),
pesticides, bacteria and miscellaneous contaminants such as PCBs and heavy
Endaneered Species Act Section 7 Consultation. Final Bioloeical Ovinion and Maenuson Stevens Fishery
Conservation and Manaeement Act Essential Fish Habitat Consultation. Implementation of the Flood Insurance
Prop-ram in the State of Washineton. Phase One Document. Pueet Sound Reeion. Sentember, 2008.
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metals. Impervious surfaces collect and concentrate pollutants from different
sources and deliver these materials to streams during storm events. The
concentration of pollutants increases in direct proportion to the total amount
of impervious area. Undisturbed or well vegetated riparian buffer areas can
retain sediment, nutrients, pesticides, pathogens and other pollutants,
protecting water quality in streams. Elevated nitrogen and phosphorus levels
in runoff are a typical problem in urban watersheds and can lead to increased
in- stream plant growth, which results in excess decaying plant material that
consumes oxygen in streams and reduces aquatic habitat quality.
2. Contributing to in- stream structural diversity
a. Large woody debris (LWD) refers to limbs and tree trunks that naturally fall
into the stream bed from a vegetated buffer. LWD serves many functions in
watercourses. LWD adds roughness to stream channels, which in turn slows
water velocities and traps sediments. Sources of LWD in urban settings are
limited where stream corridors have been cleared of vegetation and developed
and channel movement limited due to revetments and levees. Under natural
conditions, the normal movement of the stream channel, undercutting of
banks, wind throw, and flood events are all methods of LWD recruitment to a
stream channel.
b. LWD also contributes to the formation of pools in river channels that provide
important habitat for salmonids. Adult salmonids require pools with sufficient
depth and cover to protect them from predators during spawning migration.
Adult salmon often hold to pools during daylight, moving upstream from pool
to pool at night.
3. Providing Biotic Input of Insects and Organic Matter
a. Vegetated buffers provide foods for salmonids and other fish, because insects
fall into the water from overhanging vegetation.
b. Leaves and other organic matter falling into stream provide food and nutrients
for many species of aquatic insects which in turn provide forage for fish.
B. Bank Stability and Protection of Human Lives and Structures
The main period of runoff and major flood events on the Green River is from November through
February. The lower Green and Duwamish levees and revetments form a nearly continuous bank
protection and flood containment system. Farmers originally constructed many of these levees
and revetments as the protection to the agricultural lands of the area and this original material is
still in place as the structural core. In particular, these protection facilities typically have over
steepened banks, areas with inadequate rock buttressing at the toe, and lack habitat enhancing
features such as overhanging vegetation or in -water large woody debris. Because of these design
and construction shortcomings, the protection to river banks has not always performed as
intended. Instead, there have been bank failures that have threatened structures and
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infrastructure; erosion of banks making them even steeper; and damage to levees that has
required a series of repair projects.
The damage to the levee system in recent storm events lead to discussions among the City, US
Army Corps of Engineers and the King County Flood Control District to determine the best
levee profile to use to prevent the recurring problem of continued levee repairs. The criteria used
to determine the best profile were:
Public Safety;
Maintaining levee certification;
Solutions that eliminate or correct factors that have caused or contributed to the need for
the levee repair;
Levee maintenance needs; and
Environmental considerations.
To overcome the existing problems and to reduce future maintenance and repair costs, the Corps
chose to lessen the overall slope to a stable grade. This selected method is consistent with
recommendations set forth in the Corps of Engineers' Manual for Design and Construction of
Levees (EM 1110 -2 -1913) for slope stability. It also is consistent with the levee rehabilitation
project constructed on the nearby Briscoe School levee that has proven to be a very effective
solution to scour problems the design slows the river down, provides additional flood storage
and allows a vegetated mid -slope bench for habitat improvements. The Corps indicated that this
type of profile would become the template for future levee repair and construction projects.
King County also plans to use the 2.5:1 overall slope with a mid -slope bench incorporated for
planting vegetation for its future levee repairs. This profile was used to repair two areas of the
federally certified levee in Tukwila the Lily Point project and the Segale project, which were
about 2,000 linear feet of repairs. Costs of these repairs were around $7 million dollars, not
including any costs of land acquisition for laying back the levees. It is expected that the use of
this levee design will reduce the need to continually repair the levee in those areas, thus avoiding
such high expenditures in the future and saving money in the long run.
The profile discussed above is the Tukwila minimum profile for levee reconstruction as
illustrated in Figure 2 below:
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Typical Shoreline Buffer in Leveed Areas -Width Will Vary
Reconfigured Levee
Vegetated Bench
18
10 Willows
2 W 2* 1,5 Existing Levee
Maintenance Easement Ordinary High
15— 2+
Water Mark
4 1 OHWM
'Reconfigured Slope averages 2.5:1 with bench
I
Minimum Levee Profile
Not To Scale
Figure 2. Minimum Levee Profile
Because of the similarities in the soil conditions and taking into consideration the tidal influence,
the Green/Duwamish River can be divided into three areas South of I -405; North of I -405; and
areas around residential neighborhoods. Looking at the slope geometry and the difference in
height between the ordinary high water mark and the 100 -year flood elevation for these three
areas, it was found that 125 -feet of setback distance (buffer) is needed to accommodate the "lay
back" of the levee in the area south of I -405 and around Fort Dent Park. During high flow
events, the water surface can be as much as 16 feet above the OHWM in these areas. At
locations further downriver, the water surface elevation difference is much less pronounced due
to the wider channel and proximity to Puget Sound. For areas without levees, north of I -405 and
those areas south of I -405 on the east side of the river (right bank), a 100 -foot setback distance is
required to accommodate the slopes needed for bank stability. Within residential neighborhoods,
a minimum 50 -foot setback is justified because of the less intense land use associated with
single family home construction and the estimated amount of space needed to achieve the natural
angle of repose for a more stable slope.
Even though the above explanation for determining appropriate buffer distance used levee design
as the example, the same problems exist where there are no levees. The river makes no
distinction between an over steepened slope associated with a levee or a riverbank. Scouring
within the river will cause sloughing and slope stability will be weakened, potentially resulting in
the loss of structures. In fact, the non leveed riverbank can be more prone to these problems
since they tend to be steeper and consist mainly of sand and silt. This makes them susceptible to
erosion. Because the non leveed riverbanks are for the most part privately owned, they are not
actively monitored for damage by the City or County.
2 The 125 foot distance includes a 2.5:1 overall stone with a mid -slope bench incorporated, 18 feet at the ton of the
levee and 10 feet on the back side of the levee for access and inspection.
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C. Conclusions
The determination of buffer widths was based on two important criteria: the need to achieve
bank stability and protect structures along the shoreline from damage due to erosion and bank
failures and to protect and enhance shoreline ecological function.
Applying the 200 to 250 foot buffer widths recommended by WDFW and WDNR would not be
practical given the developed nature of the shoreline. It was also felt that a buffer less than that
already established for Type 2 Watercourses under the City's SAO would not be sufficiently
protective of shoreline functions, unless those functions were enhanced through various
restoration options. Therefore, 100 feet was established as the starting point for considering
buffer widths from the standpoint of shoreline ecological function in each of the Shoreline
Environments. Between 100 and 125 feet was the starting point for buffer widths from the
standpoint of bank stability and property protection.
Thus buffers were established taking into account (as explained in the following sections) the
characteristics of each Shoreline Environment, needs for protection/restoration of shoreline
ecological functions, and needs for stable banks and human life and property protection.
7.6 Shoreline Residential Environment
A. Designation Criteria: All properties zoned for single- family use from the ordinary high
water mark landward two hundred (200) feet. In addition, those areas zoned for single family
use but developed for public recreation or open space within 200 feet of the shoreline shall also
be designated Shoreline Residential, except Fort Dent Park.
B. Purpose of Environment and Establishment of River Buffer: The purpose of the
Shoreline Residential Environment is to accommodate urban density residential development,
appurtenant structures, public access and recreational activities. However, within the 200 foot
shoreline jurisdiction in the Shoreline Residential Environment there will be a protective buffer
along the river, where development will be limited to protect shoreline function.
The purpose of the river buffer in the shoreline residential environment is to:
Ensure no net loss to shoreline ecological functions;
Help protect water quality and habitat function by limiting allowed uses;
Protect existing and new development from high river flows by ensuring sufficient
setback of structures;
Promote restoration of the natural character of the shoreline environment; and
Allow room for reconstructing over steepened river banks to achieve a more stable
slope and more natural shoreline bank conditions and avoid the need for shoreline
armoring.
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C. Analysis of Development Character of Residential Shoreline: An analysis was prepared
that looked at the residential properties along the shoreline and identified the number of parcels
with structures within 50 feet and 100 feet of the OHWM. This analysis showed the following:
Number of Number of Number of
ZONE parcels
vacant
parcels with
within 50
parcels
structures
feet of
within 50
within 50
OHWM
feet
feet/%
LDR 1 135
12
67/49%
Number of Number of Number of
parcels
vacant
parcels with
within 100
parcels
structures
feet of
within 100
within 100
OHWM
feet
feet/%
201
I 25
1 165/82%
As can be seen from the chart above, almost half of the parcels in the residential neighborhoods
have a structure within 50 feet of the OHWM a direct result of the current King County
regulations. To apply a buffer width that is consistent with the City's Sensitive Areas Ordinance
(SAO) of 100 feet would create a situation where 82% of the properties along the river would
have nonconforming structures as they relate to the proposed shoreline buffer.
Expansion of single family nonconforming structures in the proposed SMP buffer would be
governed by Section 14.5 of the SMP, which permits an expansion of only 50% of the square
footage of the current area that intrudes into the buffer and only along the ground floor of the
structure. For example, if 250 square feet of a building extended into the proposed buffer, the
ground floor could be expanded a maximum of 125 feet in total area along the existing building
line.
A buffer of 100 feet was considered for the shoreline residential properties, with the potential of
a property owner applying for a buffer reduction of 50 however, under the Shoreline
Management Act, this would have required an application for a shoreline variance for each
requested buffer reduction, a process that requires review and approval both at the local and state
level (Ecology must review and approve the variance in addition to the City of Tukwila). This
did not seem a reasonable process to require of so many property owners.
The river bank in the Shoreline Residential Environment is typically in a modified and degraded
state but generally not stabilized with revetments, dikes or levees. Based on an analysis of the
river elevations and existing banks, a 50 foot minimum buffer in the Shoreline Residential
Environment would allow room to achieve a 2.5:1 bank slope with an additional 20 foot setback
from the top of the slope a distance that will allow for bank stability and in -turn, protection of
new structures from high flows, and bank failures. A schematic of the shoreline jurisdiction
showing the buffer is provided in Figure 3.
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200'
Shoreline Residential
Environment 50'
min
20 Poet from tots of Buffer
recoMigured -rives bank
20'
Ordinary High Water Mark
Figure 3. Schematic of Shoreline Residential Environment and Buffer
The proposed buffer area for the Shoreline Residential Environment will allow for removal of
invasive plants, planting of native vegetation in the riparian zone and inclusion of other features
to improve shoreline habitat. It also will prevent the placement of any structures in an area that
could potentially prove unstable. In the event of bank erosion or slope failures, the buffer will
provide sufficient space for re- sloping the bank to a more stable 2.5:1 slope, either through bank
stabilization projects or through natural bank failures that result in the natural angle of repose
(2.5:1 or greater).
7.7 Urban Conservancv Environment
A. Designation Criteria: This environment will be designated in the area between the
Ordinary High Water Mark and 200 feet landward as regulated under the Shoreline
Management Act and applied to all shorelines of the river except the Shoreline
Residential Environment and the High Intensity Environment. The Urban Conservancy
Environment areas are currently developed with dense urban multifamily, commercial,
industrial and/or transportation uses or are designated for such uses in the proposed south
annexation area.
This environment begins at the southern end of the Turning Basin and includes portions of
the river where levees and revetments generally have been constructed and where the river is
not navigable to large water craft. Uses will be restricted immediately adjacent to the river
by establishment of a minimum protective buffer.
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B. Purpose of Environment: The purpose of the Urban Conservancy Environment is to
protect ecological functions where they exist in urban and developed settings, and restore
ecological functions where they have been previously degraded, while allowing a variety of
compatible uses.
C. Establishment of River Buffers: The Urban Conservancy environment will have two
different buffers, depending on the location along the river and whether or not the shoreline has a
flood control levee. The purpose of Urban Conservancy River Buffers is to:
Protect existing and restore degraded ecological functions of the open space, flood
plain and other sensitive lands in the developed urban settings;
Ensure no net loss of shoreline function when new development or re- development is
proposed;
Provide opportunities for restoration and public access;
Allow for adequate flood and channel management to ensure protection of property,
while accommodating shoreline habitat enhancement and promoting restoration of the
natural character of the shoreline environment, wherever possible;
Avoid the need for new shoreline armoring; and
Protect existing and new development from high river flows.
Buffer in Non -Levee Areas:
A buffer width of 100 feet is established for the Urban Conservancy Environment for all non-
residential areas without levees. This buffer width is consistent with that established by the
City's Sensitive Areas Ordinance for Type 2 streams that support salmonid use, which is based
on Best Available Science. In addition, as noted above, looking at the slope geometry and the
difference in height between the ordinary high water mark and the 100 -year flood elevation for
these areas, it was found that a 100 -foot setback distance is required to accommodate the slopes
needed for bank stability.
The buffer width of 100 feet allows enough room to reconfigure the river bank to achieve a slope
of 2.5:1, the "angle of repose" or the maximum angle of a stable slope and allow for some
restoration and improvement of shoreline function through the installation of native plants and
other habitat features. The actual amount of area needed to achieve a 2.5:1 slope may be less
than 100 feet, depending on the character of the river bank and can only be determined on a site
by -site basis.
As an alternative to the 100 foot buffer, a property owner may re -slope the river bank to 2.5:1,
provide a 20 foot setback from the top of the new slope and vegetate both the river bank and the
20 foot setback area in accordance with the standards in the Vegetation Protection and
Landscaping Section. Any buffer reduction proposal must demonstrate to the satisfaction of the
Director that it will not result in direct, indirect or long -term adverse impacts to shoreline
ecosystem functions. In all cases a buffer enhancement plan must also be approved and
implemented as a condition of the reduction. The plan must include removal of invasive plants,
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and plantings using a variety of native vegetation that improves the functional attributes of the
buffer and provides additional protection for the watercourse functions. In no case shall the
buffer be less than 50 feet.
In areas of the river where this condition currently exists or where the property owner has
constructed these improvements, the buffer width will be the actual distance as measured from
the ordinary high water mark to the top of the bank plus 20 feet.
The shoreline jurisdiction and buffers for the Urban Conservancy Environment are depicted in
the schematic in Figures 4 and 5 below.
I I
200'
1 Urban Conservancy Environment 1
I I
1 l 10c
Allow room to 1 I
reconfigure I I
river bank to 1 Buffer
2.5:1 slope I
Ordinary High Water Mark
R'
WM
Figure 4. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy
Environment in Areas without Levees
Buffer in Levee Areas:
For properties located behind the Army Corps of Engineers (ACOE) Certified 205 levee and
County constructed levees, the buffer will extend 125 feet landward from the ordinary high water
mark, determined at the time of development or redevelopment of the site or when levee
replacement or repair is programmed. This buffer width is the maximum needed to reconfigure
the river bank to the minimum levee profile and to achieve an overall slope of 2.5:1, the "angle
of repose" or the maximum angle of a stable slope. The establishment of the 2.5:1 slope along
the Corps certified 205 levee in the Tukwila Urban Center will allow for incorporating a mid
slope bench that can be planted with vegetation to improve river habitat. The mid -slope bench
also will allow access for maintenance equipment, when needed. As the Corps of Engineers
does not permit planting on the levee prism, the only way to improve habitat along the 205 levee
portion of the river is to create a bench that can be vegetated that will not create a hazard for the
stability of the levee. A ten foot easement necessary to allow access for levee inspection is
required on the landward side of the levee at the toe. The ACOE has indicated the 2.5:1 levee
profile with the mid -slope bench will be the template for future levee repairs.
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I I
I 200'
Urban Conservancy Environment
I
125`
Allow room
j
for Levee 1
repair or Buffer
replacement
1
Ordinary High Water Mark
Figure 5. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy
Environment in Areas with Levees
As an alternative to the 125 foot buffer for leveed areas, a property owner may construct levee or
riverbank improvements that meet the Army Corps of Engineers, King County Flood Control
District, and City of Tukwila minimum levee profile. These standards at a minimum shall
include an overall slope of 2.5:1 from the toe of the levee to the riverward edge of the crown, a
15 foot mid slope bench, 18' access across the top of the levee, a 2:1 back slope, and an
additional 10 foot no -build area measured from the landward toe for inspection and repairs. In
instances where an existing building that has not lost its nonconforming status prevents the
complete construction of the minimum levee profile, achieving an overall slope of 2.5:1 may be
difficult however, the slope should be as close to 2.5:1 as possible.
A floodwall is not the preferred back slope profile for a levee and may be substituted for all or a
portion of the back slope only where necessary to avoid encroachment or damage to a structure
legally constructed prior to the date of adoption of this Master Program and which has not lost its
nonconforming status and to preserve access needed for building functionality. The floodwall
shall be designed to be the minimum necessary to provide 10' (ten foot) clearance between the
levee and the building or the minimum necessary to preserve access needed for building
functionality while meeting all engineering safety standards. A floodwall may also be used
where necessary to avoid encroachment on a railroad easement.
In areas of the river where the minimum levee profile currently exists or where the property
owner or a government agency has constructed the minimum profile, the buffer will be reduced
to the actual distance as measured from the ordinary high water mark to the landward toe of the
levee or face of a floodwall, plus 10 feet. In the event that the owner provides the City and/or
applicable agency with a 10 -foot levee maintenance easement measured landward from the
landward toe of the levee or levee wall (which easement prohibits the construction of any
structures and allows the City and/or applicable agency to access the area to inspect the levee),
then the buffer shall be reduced to the landward toe of the levee, or landward edge of the levee
floodwall, as the case may be.
In cases where fill is placed along the back slope of the levee, the shoreline buffer may be further
reduced to the point where the ground plane intersects the back slope. The area between the
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landward edge of the buffer and a point ten (10) feet landward of the underground levee toe shall
be covered by an easement prohibiting the construction of any structures and allowing the City
and /or applicable agency to access the area to inspect the levee and/or floodwall and make any
necessary repairs. See Figure 5 below.
Buffer Reduction
Buffer that could Proposed Levee
Be Replaced 18' Top Width
by Easements
New Ground 10' 2
Accesst �1 2*
Planes Inspection
F ill Hip i���l iii J 1Lk�
Landward
Levee Toe
Buffer Reduction with Backfill Option
Not To Scale
Figure 6. Schematic of Buffer Reduction Through Placing of Fill on Levee Back Slope
7.8 High Intensitv Environment
A. Designation Criteria: The High Intensity Shoreline Environment area is currently
developed with high intensity urban commercial, industrial and/or transportation uses or is
designated for such uses in the proposed north annexation area. This environment begins at the
Ordinary High Water Mark and extends landward 200 feet and is located from the southern edge
of the Turning Basin north to the City limits and includes the North PAA. This Environment is
generally located along portions of the Duwamish River that are navigable to large watercraft.
Uses will be restricted immediately adjacent to the river by establishment of a minimum
protective buffer.
The transition zone is located partly in the High Intensity Environment. The transition zone is
the location where freshwater from a river and saltwater from the marine salt wedge mix creating
brackish conditions. Often it is also where the river widens, stream velocities decrease and
estuarine mudflats begin to appear. Habitat associated with the transition zone is critically
important for juvenile Chinook and chum smolts making the transition to salt water. The
transition zone moves upstream and downstream in response to the combination of stream flow
and tidal elevations and as a result varies over a twenty -four hour period and seasonally. The
transition zone is a crucial habitat for salmonids.
B. Purpose of Environment and Establishment of River Buffer: The purpose of the Urban
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High Intensity Environment is to provide for high intensity, commercial, transportation and
industrial uses and to promote water dependent and water oriented uses while protecting existing
shoreline ecological functions and restoring ecological functions in areas that have been
previously degraded.
The purposes of the High Intensity River Buffer are to:
Protect existing and restore degraded ecological functions of the open space, flood
plain and other sensitive lands in the developed urban settings;
Ensure no net loss of shoreline function when new development or re- development
occurs;
Provide opportunities for shoreline restoration and public access;
Allow for adequate flood and channel management to ensure protection of property,
while accommodating shoreline habitat enhancement and promoting restoration of the
natural character of the shoreline environment, wherever possible;
Avoid the need for new shoreline armoring; and
Protect existing and new development from high river flows.
A buffer of 100 feet is established, which allows enough room to reconfigure the river bank to
achieve a slope of 3:1, (starting at the OHWM rather than the toe) the "angle of repose" or the
maximum angle of a stable slope and allow for some restoration and improvement of shoreline
function through the installation of native plants and other habitat features. The actual amount of
area needed to achieve a 3:1 slope may be less than 100 feet, depending on the character of the
river bank and can only be determined on a site -by -site basis.
I
I
I
I
Allow room to I°
reconfigure -Z
river bank to
3:1 slope
I
Ordinary High Water Mark a
I
200`
High Intensity Environment
I
100
I I
Buffer
I I
Figure 7. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High
Intensity Environment
As an alternative to the 100 foot buffer, a property owner may re -slope the river bank to a
maximum -3:1, provide a 20 foot setback from the top of the new slope and vegetate both the
river bank and the 20 foot setback area in accordance with the standards in the Vegetation
Protection and Landscaping Section. The property owner must also demonstrate that this
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approach will not result in a loss of ecological functions of the shoreline. In no case shall the
buffer be less than 50 feet. In areas of the river where this condition currently exists or where the
property owner has constructed these improvements, the buffer width will be the actual distance
as measured from the Ordinary High Water Mark to the top of the bank plus 20 feet
In any shoreline environment where an existing improved street or road runs parallel to the river
through the buffer, the buffer would end on the river side of the street or road.
7.9 Aquatic Environment
A. Designation Criteria: All water bodies within the City limits and its potential
annexation area under the jurisdiction of the Shoreline Management Act waterward of the
ordinary high water mark. The aquatic environment includes the water surface together with the
underlying lands and the water column.
B. Purpose: The purpose of this designation is to protect the unique characteristics and
resources of the aquatic environment by managing use activities to prioritize preservation and
restoration of natural resources, navigation, recreation and commerce and by assuring
compatibility between shoreland and aquatic uses.
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8. SHORELINE USE REGULATIONS
This section specifies the uses that are permitted outright, permitted as a Conditional Use, or
prohibited altogether for each Shoreline Environment. Also included are special conditions and
general requirements controlling specific uses. These regulations are intended to implement the
purpose of each Shoreline Environment designation adopted with this SMP and will be codified
in TMC 18.44. Additional regulations and performance standards that apply to all Shoreline
Environments are included in Sections 9 -14 of this SMP. These will also be codified in TMC
18.44.
8.1 General Use Regulations
A. All shoreline uses shall meet the requirements listed below.
B. The first priority for City -owned property within the shoreline jurisdiction shall be reserved
for water dependent uses including but not limited to habitat restoration, followed by water
enjoyment uses, public access, passive recreation, passive open space uses, or public educational
purposes.
C. No hazardous waste handling, processing or storage is allowed within the SMA shoreline
jurisdiction, unless incidental to a use allowed in the designated shoreline environment and
adequate controls are in place to prevent any releases to the shoreline /river.
D. Overwater structures shall not cause a net loss of ecological function, interfere with
navigation or flood management, or present potential hazards to downstream properties or
facilities. They shall comply with the standards in the Overwater Structures Section.
E. Parking as a primary use is not permitted, except for existing Park and Ride lots, where
adequate stormwater collection and treatment is in place to protect water quality. Parking is
permitted only as an accessory to a permitted, conditional or unclassified use in the shoreline
jurisdiction.
F. All development, activities or uses unless it is an approved over water, flood management
structure, or shoreline restoration project shall be prohibited waterward of the OHWM.
8.2 Interpretation of Use Matrix
A. The shoreline use table in Section 8.3 indicates whether a specific use is allowed within each
of the shoreline environments and whether it is permitted outright or allowed only as a shoreline
conditional use.
B. Shoreline environments are listed in the table at the top of each column and the specific uses
are listed along the left -hand side of each horizontal row. The cell at the intersection of a column
and a row indicates whether a use may be allowed in a specific shoreline environment and
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whether additional use criteria apply. The table should be interpreted as follows:
If the letter `P" appears in the box at the intersection of the column and the row, the use
may be permitted within the shoreline environment if the underlying zoning also allows
the use.
2. If the letter "C" appears in the box at the intersection of the column and the row, the use
may be allowed within the shoreline environment subject to the shorelineconditional use
review procedures specified in Section 14.3 of this SMP.
3. If the letter X" appears in the box at the intersection of the column and the row, the use is
prohibited in that shoreline environment.
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Section 8.3
I
X
I X
I X I
P(g)
SHORELINE USE MATRIX
I P(8) I
P(5)
P May be allowed subject to development
Shoreline
Urban
High
Aquatic
standards and permitting requirements set forth in
Residential
Conservancy
Intensity
Environ-
this SMP.
X
C(8)
X
ment
C May be allowed as a Shoreline Conditional
(enclosed within a building)
Use.
Contactors storage yards I
X The use or activity is prohibited in shoreline
Non-
Buffer Non-
Buffer Non
X
jurisdiction environment.
Buffer (1) Buffer
(2) Buffer
(3) Buffer
P
AGRICULTURE
I P
P
I P I
X P
Farming and farm- related activities
X X
I X I P
I X X I
X
COMMERCIAL (4)
Gen41
I
X
I X
I X I
P(g)
I X
I P(8) I
P(5)
Automotive services, gas (outside pumps
allow�d), washing, body and engine repair shops
X
X
X
C(8)
X
C(8)
X
(enclosed within a building)
Contactors storage yards I
X
X
X
C(8)
X
I C(8) I
X
Wateloriented uses I
P
P
I P
I P
P
I P I
X P
CIVICANSTITUTIONAL
General
X
P
I X
I P
X
P
X
ESSENTIALPUBLIC FACILITY
r.
C
C
C
C
C
C
P(5)
(Water Dependent).
ESSENTIAL
PUBLIC :FACILITY
C
C
C
C
C
C
C(s)
(Non- water'Dependent) (9)
FLOOD;IIAZARD MANAGEMENT
Flood hazard reduction I
P
P
P
P
P
I P
P
Shoreline stabilization I
P
I P
P
P
P
I P I
P
INDUSTRIAL (7)
General
X
I X
I P(5) I
P(8)
I P(5)
I P(8) I
P(5)
Ani4 rendering
X
I X
I X I
C(8)
I X
I X I
X
Cem4t manufacturing
X
I X
I X I
CO)
I X
I C(8) I
X
Hazardous substance processing and handling
hazardous waste treatment and storage facilities X X X X X X X
(on or off -site) (6)
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P May be allowed subject to development
Shoreline
Urban
High
Aquatic
standards and permitting requirements set forth in
Residential
Conservancy
Intensity
Environ-
this SMP.
ment
C May be allowed as a Shoreline Conditional
Use.
X The use or activity is prohibited in shoreline
Non-
Buffer
Non-
Buffer
Non
jurisdiction environment.
Buffer (1)
Buffer
(2)
Buffer
(3)
Buffer
Rock crushing, asphalt or concrete batching or
mixing,
stone cutting, brick manufacture, marble
X
X
X
C (8)
X
C(8)
X
works, and the assembly of products from the
above materials
Salvale and wrecking operations
X
X
X
C(8)
X
I C(8)
X
Tow -tuck operations, subject to all additional
X
l and
X
X
X
C(8)
X
P(8)
State local regulations
Trucklterminals I
X I
X
X
P(8)
I X
P(8) I
X
Water oriented uses
X
X
P
I P
P
I P I
P
MINING
General
X
X
I X
I X
I X
I X I
X
Dredging I
X I
X
I X
I X
I X
I X I
C
PARKING ACCESSORY
Parking areas limited to the minimum necessary to
X
P
X
P
X
P
X
support permitted or conditional uses
RECREATION
Recreation facilities (commercial indoor)
X
X
I X
P
I X
I P(11) I
X
Recreation facilities (commercial outdoor)
I X
X
I C(12)
C
I X
I X
X
Recreation facilities, including boat launching
P(1)
P
C(12)
C
P(3)
P
P(5)
(public)
RESIDENTIAL— SINGLE FAMILY/MULTI- FAMILY
Dwelling
X(10)
P
I X
P
I X
I X
X
Houseboats
I X
X
I X
X
I X
I X
X
Live aboards
I X
X
I X
X
I X
I X I
P
TRANSPORTATION
General
I C
C
C
C
I C
C I
C(5)
Park ride lots
I X I
X
X
C(9)
I X
C(9) I
X
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P May be allowed subject to development
Shoreline
Urban
High
Aquatic
standards and permitting requirements set forth in
Residential
Conservancy
Intensity
Environ-
this SMP.
ment
C May be allowed as a Shoreline Conditional
Use.
X The use or activity is prohibited in shoreline
Non-
Buffer Non-
Buffer Non
jurisdiction environment.
Buffer (1) Buffer
(2) Buffer
(3) Buffer
UTILITIES
General (9) I
C I P
I C P
I C P I
C
Hydroelectric and private utility power generating
X
X X
X X
X X
plants
*This table is a summary. Individual notes modify standards in this table. Detailed use
standards are found in the text of the SMP. Permitted or conditional uses listed herein may also
require a shoreline substantial development permit and other permits.
(1) Additional permitted uses found at Section 8.4.A are allowed in the buffer.
(2) Additional permitted uses found at Section 8.5.A are allowed in the buffer.
(3) Additional permitted uses found at Section 8.6.A are allowed in the buffer.
(4) Commercial uses mean those uses that are involved in wholesale, retail, service and
business trade. Examples include office, restaurants, brew pubs, medical, dental and
veterinary clinics, hotels, retail sales, hotel/motels, and warehousing.
(5) Permitted only if water dependent.
(6) Subject to compliance with state siting criteria RCW Chapter 70.105
(See also Environmental Regulations, Section 10, SMP).
(7) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling
and/or storing of finished or semi finished goods with supportive office and commercial
uses. Examples include manufacturing processing and/or assembling such items as
electrical or mechanical equipment, previously manufactured metals, chemicals, light
metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously
prepared materials; warehousing and wholesale distribution; sales and rental of heavy
machinery and equipment; and internet data centers.
(8) Non water oriented uses may be allowed as a permitted use where the City determines that
water dependent or water enjoyment use of the shoreline is not feasible due to the
configuration of the shoreline and water body.
(9) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative
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to locating the use within shoreline jurisdiction.
(10) Additional development may be allowed consistent with Section 14.5.B.6. A shoreline
conditional use permit is required for water oriented accessory structures that exceed the
height limits of the Shoreline Residential environment.
(11) Limited to athletic or health clubs.
(12) Permitted only if water oriented.
8.4 Shoreline Residential Environment -Uses
A. Shoreline Residential Buffer Permitted Uses
The Shoreline Residential River Buffer shall consist of the area identified in the Shoreline
Environment Designation Section of the SMP and the uses shall meet the purposes and criteria
established therein.
1. Permitted Uses: No uses or structures are permitted in the Shoreline Residential
Buffer except for the following:
a. Shoreline Restoration Projects;
b. Over -water structures subject to the standards in the Over -water Structures
section associated with water dependent uses, public access, recreation, flood
control or channel management. Private, single residence piers for the sole
use of the property owner shall not be considered an outright use on the
shoreline. A dock may be allowed when the applicant has demonstrated a
need for moorage and that the following alternatives have been investigated
and are not available or feasible:
1). commercial or marina moorage;
2). floating moorage buoys;
3). joint use moorage pier /dock.
c. Public parks, recreation and open space;
d. Public pedestrian bridges
e. Public and/or private promenades, footpaths or trails;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height or 25 square feet in
area or block views to the shoreline from adjacent properties;
g. Signs conforming to Section 9.13 of this SMP;
h. Maintenance or redevelopment of levees for flood control purposes, provided
they are designed to meet the applicable levee regulations of this SMP
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Fire lanes when co- located with levee maintenance roads;
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1. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
m. Water dependent uses and their structures, as long as there is no net loss of
shoreline ecological function;
n. Fences, provided the maximum height of a fence along the shoreline is four
feet and the fence does not extend waterward beyond the top of the bank;
chain link fences must by vinyl coated.
o. Existing essential streets, roads and rights of way may be maintained or
improved;
p. Outdoor storage, only in conjunction with a water dependent use.
q. Support facilities for above or below ground utilities or pollution control, such
as outfall facilities or other facilities that must have a physical connection to
the shoreline to provide their support function, provided they are located at or
below grade and as far from the OHWM as technically feasible;
r. Water oriented essential public facilities, both above and below ground;
s. Non -water oriented essential public facilities, both above and below ground,
provided that it has been documented that no feasible location is available
outside of the buffer;
t. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments.
u. Patios, or decks not exceeding 18- inches in height, limited to a maximum 200
square feet and 50% of the width of the river frontage. Decks or patios must
be located landward of the top of the bank and be constructed to be pervious
and of environmentally friendly materials. If a deck or patio will have an
environmental impact in the shoreline buffer, then commensurate mitigation
shall be required.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in the
Shoreline Residential buffer subject to the requirements, procedures and
conditions established by this program:
a. Dredging activities when in compliance with all federal and state regulations,
when necessary for navigation or remediation of contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for assuring
safe and efficient accommodation of existing navigational uses and then only
when significant ecological impacts are minimized and when mitigation is
provided. Maintenance dredging of established navigation channels and
basins is restricted to maintaining previously dredged and/or existing
authorized location, depth and width. Dredging of bottom materials for the
purpose of obtaining fill material is prohibited.
c. New private vehicle bridges.
d. Fill minimally necessary to support water dependent uses, public access, or
for the alteration or expansion of a transportation facility of statewide
significance currently located on the shoreline when it is demonstrated that
alternatives to fill are not feasible.
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B. Shoreline Residential Environment Uses
The Shoreline Residential Environment shall consist of the remaining area within the 200 foot
shoreline jurisdiction that is not within the Shoreline Residential River Buffer. Uses shall meet
the purposes and criteria of the Shoreline Environment Designation section.
1. Permitted Uses: The Shoreline Residential Environment shall contain residential,
recreational and limited commercial uses and accessory uses as allowed in the
underlying zoning district. In addition, the Shoreline Residential Environment shall
allow the following uses:
a. All uses permitted in the Shoreline Residential River Buffer;
b. For non residential uses, parking /loading and storage facilities located to the
most upland portion of the property and adequately screened and/or
landscaped in accordance with the Vegetation Protection and Landscaping
section;
c. Railroad tracks; and
d. Public or private roads.
2. Conditional uses: All uses listed as conditional uses subject to the requirements,
procedures and conditions established by this program.
8.5 Urban Conservancv Environment Uses
The Urban Conservancy Environment shall consist of the areas identified in the Shoreline
Environment Designations sections of this SMP. Uses shall meet the purposes and criteria of the
Urban Conservancy Environment established therein.
A. Urban Conservancy Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the Urban Conservancy River
Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over -water
Structures Section that are associated with water dependent uses, public
access, recreation, flood control, channel management or ecological
restoration;
c. Public parks, recreation and open space
d. Public and /or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height and 25 square feet in
area and views of the shoreline are not blocked from adjacent properties;
g. Signs conforming to Section 9.13 of this SMP;
h. Maintenance or redevelopment of levees for flood control purposes, provided
that any redevelopment of a levee shall meet the applicable levee regulations
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of this SMP;
i. New vehicle bridges: permitted only if connecting public rights -of -way;
existing public or private vehicle bridges may be maintained or replaced.
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the height of
the levee, are permitted for the purpose of providing and enhancing pedestrian
access along the river and for landscaping purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section.
n. Existing essential streets, roads and rights of way may be maintained or
improved.
o. Water dependent commercial and industrial development, if permitted by the
underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design and
Construction Standards along with their supporting elements such as ponds,
piping, filter systems and outfalls vested as of the effective date of this
program or if no feasible alternative location exists.
q. Support facilities for above or below ground utilities or pollution control, such as
outfall facilities or other facilities that must have a physical connection to the
shoreline to provide their support function, provided they are located at or below
grade and as far from the OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Water oriented essential public facilities, both above and below ground;
t. Non -water oriented essential public facilities, both above and below ground,
provided that it has been documented that no feasible location is available
outside of the buffer
u. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in the
Shoreline Urban Conservancy Environment buffer subject to the requirements,
procedures and conditions established by this program:
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant
ecological impacts are minimized and when mitigation is provided;
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill
material is prohibited. Dredging activities must comply with all federal and
state regulations.
c. New private vehicle bridges.
d. Fill minimally necessary to support water dependent uses, public access, or
for the alteration or expansion of a transportation facility of statewide
significance currently located on the shoreline when it is demonstrated that
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alternatives to fill are not feasible.
B. Urban Conservancy Environment Uses
1. Permitted Uses: All uses permitted in the Urban Conservancy Environment Buffer
and/or the shoreline use matrix may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses may be allowed subject to the
requirements, procedures and conditions of this program.
8.6 High Intensity Environment Uses
The High Intensity Environment Buffer shall consist of the area identified in the Shoreline
Environment Designations section. Uses shall meet the purposes and criteria of established therein.
A. High Intensity Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the High Intensity River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over -water
Structures Section that are associated with water dependent uses, public
access, recreation, flood control, channel management or ecological
restoration;
c. Public parks, recreation and open space;
d. Public and/or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height and 25 square feet in
area and no views of the shoreline are blocked from adjacent properties;
g. Signs conforming to Section 9.13 of this SMP;
h. Maintenance or redevelopment of levees for flood control purposes, provided
that any redevelopment of a levee shall meet the applicable levee regulations
of this SMP;
i. New vehicle bridges: permitted only if connecting public rights -of -way;
existing public or private vehicle bridges may be maintained or replaced.
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the height of
the levee, are permitted for the purpose of providing and enhancing pedestrian
access along the river and for landscaping purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
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n. Existing essential streets, roads and rights of way may be maintained or
improved.
o. Water dependent commercial and industrial development, if permitted by the
underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design and
Construction Standards along with their supporting elements such as ponds,
piping, filter systems and outfalls vested as of the effective date of this
program or if no feasible alternative location exists;
q. Support facilities for above or below ground utilities or pollution control, such as
or other facilities that must have a physical connection to the shoreline to
provide their support function, outfall facilities, provided they are located at or
below grade and as far from the OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Water oriented essential public facilities, both above and below ground;
t. Non -water oriented essential public facilities, both above and below ground,
provided that it has been documented that no feasible location is available
outside of the buffer;
u. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments.
2. Conditional Uses: The following may be allowed as a Conditional Use in the
Shoreline High Intensity Environment buffer subject to the requirements, procedures
and conditions of this program.
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant
ecological impacts are minimized and when mitigation is provided;
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill
material is prohibited. Dredging activities must comply with all federal and
state regulations.
c. New private vehicle bridges.
d. Fill minimally necessary to support water dependent uses, public access, or
for the alteration or expansion of a transportation facility of statewide
significance currently located on the shoreline when it is demonstrated that
alternatives to fill are not feasible.
B. Shoreline High Intensity Environment Uses
The Shoreline High Intensity Environment shall consist of the remaining area within the 200 foot
shoreline jurisdiction that is not within the Shoreline High Intensity Environment Buffer area. Uses
shall meet the purposes and criteria of the Shoreline Environment Designations section.
1. Permitted Uses: All uses permitted in the High Intensity Environment Buffer and/or
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the shoreline use matrix may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses may be allowed subject to the
requirements, procedures and conditions established by this program.
8.7 Aquatic Environment Uses
The Aquatic Environment consists of all water bodies within the City limits and its potential
annexation area under the jurisdiction of the Shoreline Management Act waterward of the
ordinary high water mark. The aquatic environment includes the water surface together with the
underlying lands and the water column.
Aquatic Environment Uses
1. Permitted Uses: The following uses are permitted in the Aquatic Environment. Uses
and activities within the Aquatic Environment must be compatible with the adjoining
shoreline environment
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over -water
Structures Section that are associated with water dependent uses, public access,
recreation, flood control, channel management or ecological restoration;
c. Maintenance or redevelopment of levees for flood control purposes, provided that
any redevelopment of a levee shall meet the applicable levee regulations of this
SMP;
d. New shoreline stabilization utilizing the development standards in the Shoreline
Stabilization Section.
e. Water dependent commercial and industrial development, if permitted by the
underlying zoning district;
f. Boats moored at a dock or marina. No boats may be moored on tidelands or in the
river channel. 4o li "1, oar -d s p 4e d
g. Fill for ecological restoration.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in the
Shoreline Aquatic Environment buffer subject to the requirements, procedures and
conditions established by this program:
a. Dredging activities where necessary for assuring safe and efficient accommodation
of existing navigational uses and then only when significant ecological impacts are
minimized and when mitigation is provided;
b. Dredging for remediation of contaminated sediments when mitigation is provided.
Dredging of bottom materials for the purpose of obtaining fill material is
prohibited. Dredging activities must comply with all federal and state regulations.
c. Fill minimally necessary to support water dependent uses, public access, or for the
alteration or expansion of a transportation facility of statewide significance
currently located on the shoreline when it is demonstrated that alternatives to fill
are not feasible;
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9. SHORELINE DEVELOPMENT STANDARDS
9.1 App licability
The development standards of this chapter apply to work that meets the definition of substantial
development except for vegetation removal per section 9.10, which applies to all shoreline
development. The term "substantial development" applies to nonconforming, new or re-
development.
Nonconforming uses, structures, parking lots and landscape areas, will be governed by the
standards in Section 14.5, Nonconforming Development.
9.2 Shoreline Residential Development Standards
A shoreline substantial development permit is not required for construction within the Shoreline
Residential Environment by an owner, lessee or contract purchaser of a single family residence
for his/her own use or for the use of a family member. Such construction and all normal
appurtenant structures must otherwise conform to this Master Program and the Shoreline
Management Act. Short subdivisions and subdivisions are not exempt from obtaining a
shoreline substantial development permit.
A. Shoreline Residential Environment Standards
Permitted uses and approved Conditional Uses in the Shoreline Residential Environment are
subject to the following:
1. New development and uses must be sited so as to allow natural bank inclination of
2.5:1 slope. A river bank analysis may be required as part of any development
proposal.
2. Utilities such as pumps, pipes, etc., shall be suitably screened with native vegetation
per the standards in the Vegetation Protection and Landscaping section;
3. New shoreline stabilization, repair of existing stabilization, or modifications to the
riverbank must comply with the standards in the Shoreline Stabilization section.
4. Short plats of 5 -9 lots or formal subdivisions must be designed to provide public
access to the river in accordance with the Public Access Section. Signage is required
to identify the public access point(s).
5. Parking facilities associated with single family residential development or public
recreational facilities are subject to the specific performance standards set forth in the
Off Street Parking section.
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6. Fences, freestanding walls or other structures normally accessory to residences must
not block views of the river from adjacent residences or extend waterward beyond the
top of the bank. Chain link fencing must be vinyl coated.
7. Recreational structures permitted in the buffer must provide buffer mitigation.
8. The outside edge of surface transportation facilities, such as railroad tracks, streets, or
public transit shall be located no closer than 50 feet from the ordinary high water
mark, except where the surface transportation facility is bridging the river.
9. Except for bridges, approved above ground utility structures, and water dependent
uses and their structures, the maximum height for structures shall be 30 feet. For
bridges, approved above ground utility structures, and water dependent uses and their
structures, greater than 35 feet in height require approval of a shoreline conditional
use permit.
B. Design Review
Design review is required for non residential development in the Shoreline Residential
Environment.
9.3 High Intensity, Urban Conservancv and Aquatic Environment Development
Standards
A. Standards
The following standards apply in the High Intensity, Urban Conservancy and Aquatic
Environments.
1. All new development performed by public agencies, or new multi family,
commercial, or industrial development shall provide public access in accordance with
the standards in the Public Access Section.
2. Development or re- development of properties in areas of the shoreline armored with
revetments or other hard armoring other than levees, or with non armored river banks
must comply with the Vegetation Protection and Landscaping Section.
3. Any new shoreline stabilization or repairs to existing stabilization must comply with
Shoreline Stabilization Section.
4. Over -water structures shall be allowed only for water dependent uses and the size
limited to the minimum necessary to support the structure's intended use and shall
result in no net loss to shoreline ecological function. Overwater structures must
comply with the standards in the Overwater Structures Section.
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B. Setbacks and Site Configuration
1. The yard setback adjacent to the river is the buffer width established for the
applicable shoreline environment.
2. A fishing pier, viewing platform or other outdoor feature that provides access to the
shoreline is not required to meet a setback from the OHWM.
C. Height Restrictions
Except for bridges, approved above ground utility structures, and water dependent uses and their
structures, the maximum height for structures shall be as follows to preserve visual access to the
shoreline and avoid massing of tall buildings within the shoreline jurisdiction:
1. 15 feet where located within the River Buffer;
2. 45 feet between the outside landward edge of the River Buffer and 200' of the
OHWM.
Provided, no permit shall be issued for any new or expanded building or structure of more than 35 feet
above average grade level on shorelines of the state that will obstruct the view of a substantial number of
residences on areas adjoining such shorelines. For any building that is proposed in shoreline jurisdiction
to be greater than 35 feet in height, the development proponent must demonstrate that the proposed
building will not block the views of a substantial number of residences. The Director may approve a 15%
increase in height if the project proponent provides substantial additional restoration and/or
enhancement of the shoreline buffer, beyond what may otherwise be required. The enhancement
and/or restoration is subject to the standards of Section 9.10, Vegetation Protection and
Landscaping. If the required buffer has already been restored, the project proponent may provide
a 20% wider buffer which has been restored and /or enhanced in order to obtain the 15% increase
in height. These incentives may not be combined to achieve a greater than 15% height increase.
The enhancement/restoration is subject to the standards of Section 9.10, Vegetation Protection
and Landscaping.
D. Lighting
Lighting for the site or development shall be designed and located so that:
1. The minimum light levels in parking areas and paths between the building and street
shall be 1 foot candle;
2. Lighting shall be designed to prevent light spillover and glare on adjacent properties
and on the river channel, be directed downward so as to illuminate only the
immediate area; and be shielded to eliminate direct off -site illumination;
3. The general grounds need not be lighted;
4. The lighting is incorporated into a unified landscape and/or site plan.
9.4 Surface Water and Water Oualitv
The following standards apply to all shoreline development.
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A. New surface water systems may not discharge directly into the river or streams tributary to
the river without pre- treatment to reduce pollutants and meet State water quality standards.
B. Such pre- treatment may consist of biofiltration, oil /water separators, or other methods
approved by the City of Tukwila Public Works Department.
C. Shoreline development, uses and activities shall not cause any increase in surface runoff, and
shall have adequate provisions for storm water detention/infiltration.
D. Stormwater outfalls must be designed so as to cause no net loss of shoreline ecological
functions or adverse impacts where functions are impaired. New stormwater outfalls or
maintenance of existing outfalls must include shoreline restoration as part of the project.
E. Shoreline development and activities shall have adequate provisions for sanitary sewer.
F. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of
water or to be discharged onto shorelands.
G. The use of low impact development techniques is required, unless such techniques conflict
with other provisions of the SMP or are shown to not be feasible due to site conditions.
H. Regional detention facilities shall be designed such that a fence is not required, planted with
native vegetation, designed to blend with the surrounding environment and provide design
features that serve both public and private use, such as an access road that also can serve as a
trail. The facility shall also be designed to locate access roads and other impervious surfaces as
far from the river as practical.
9.5 Flood Hazard Reduction
The following standards apply to all shoreline development.
A. New structural flood hazard reduction structures shall be allowed only when it can be
demonstrated by a Riverbank Analysis that:
1. They are necessary to protect existing development;
2. Non structural measures are not feasible; and
3. Impacts to ecological functions and priority species and habitats can be successfully
mitigated so as to assure no net loss.
Flood hazard structures must incorporate appropriate vegetation restoration and conservation
actions consistent with the standards of the Vegetation Protection and Landscaping Section.
B. Levees, berms and similar flood control structures, whether new or redeveloped, shall be
designed in such a way as to ensure structural stability while incorporating mid -slope benches
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planted with native vegetation suitable for wildlife habitat wherever feasible. Where not feasible
to incorporate a mid -slope bench with vegetation, other appropriate habitat improvements must
be provided.
C. Publicly funded structural measures to reduce flood hazards shall improve public access or
dedicate and provide public access unless public access improvements would cause unavoidable
health or safety hazards to the public, inherent and unavoidable security problems, or significant
ecological impacts that cannot be mitigated.
D. Rehabilitation or replacement of existing flood control structures, such as levees, with a
primary purpose of containing the 1- percent annual chance flood event, shall be allowed where it
can be demonstrated by an engineering analysis that the existing structure:
1. Does not provide an appropriate level of protection for surrounding lands; or
2. Does not meet appropriate engineering design standards for stability (e.g., over
steepened side slopes for existing soil and/or flow conditions); and
3. Repair of the existing structure will not cause or increase significant adverse
ecological impacts to the shoreline.
E. Rehabilitated or replaced flood control structures must achieve a maximum side slope angle
of 2.5:1 (H:V) or if that is not possible, achieve an angle as close to 2.5:1 as possible.
Rehabilitated or replaced structures shall not extend the toe of slope any further waterward of the
OHWM than the existing structure.
F. New structural flood hazard reduction measures, such as levees, berms and similar flood
control structures shall be placed landward of the floodway as determined by the best available
information.
G. New, redeveloped or replaced structural flood hazard reduction measures shall be placed
landward of associated wetlands, and designated fish and wildlife habitat conservation areas.
H. No commercial, industrial, office or residential development shall be located within a
floodplain without a Flood Control Zone Permit issued by the City. No development shall be
located within a floodway except as otherwise permitted.
9.6 Shoreline Stabilization
The provisions of this section apply to those structures or actions intended to minimize or
prevent erosion of adjacent uplands and/or failure of riverbanks resulting from waves, tidal
fluctuations or river currents. Shoreline stabilization or armoring involves the placement of
erosion resistant materials (e.g., large rocks and boulders, cement, pilings and /or large woody
debris) or the use of bioengineering techniques to reduce or eliminate erosion of shorelines and
risk to human infrastructure. This form of shoreline stabilization is distinct from flood control
structures and flood hazard reduction measures (such as levees). The Shoreline Armoring
Map, Map 4, identifies the location of both types of river bank modifications. The terms
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shoreline stabilization, shoreline protection and shoreline armoring are used interchangeably
A. Shoreline protection shall not be considered an outright permitted use and shall be permitted
only when it has been demonstrated through a Riverbank Analysis and Report that shoreline
protection is necessary for the protection of existing legally established structures and public
improvements.
B. New development and re- development shall be designed and configured on the lot to avoid
the need for new shoreline stabilization. Removal of failing shoreline stabilization shall be
incorporated into re- development design proposals wherever feasible.
C. Replacement of lawfully established, existing bulkheads or revetments are subject to the
following priority system:
1. The first priority for replacement of bulkheads or revetments shall be landward of the
existing bulkhead.
2. The second priority for replacement of existing bulkheads or revetments shall be to
replace in place (at the bulkhead's existing location).
D. When evaluating a proposal against the above priority system, at a minimum the following
criteria shall be considered:
1. Existing topography;
2. Existing development;
3. Location of abutting bulkheads;
4. Impact to shoreline ecological functions; and,
5. Impact to river hydraulics, potential changes in geomorphology, and to other areas of
the shoreline.
E. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or revetments)
must demonstrate through a documented river bank analysis that bioengineered shoreline
protection measures or bioengineering erosion control designs will not provide adequate upland
protection of existing structures or would pose a threat or risk to adjacent property. The study
must also demonstrate that the proposed hard shoreline stabilization will not adversely affect
other infrastructure or adjacent shorelines.
F. Where allowed, shoreline armoring shall be designed, constructed and maintained in a
manner that does not result in a net loss of ecological function, including fish habitat, and shall
conform to the requirements of the 2004 Washington State Department of Fish and Wildlife (or
as amended) criteria and guidelines for integrated streambank protection, U. S. Army Corps of
Engineers and other regulatory requirements. The hard shoreline stabilization must be designed
and approved by a qualified engineer.
G. Shoreline armoring shall be designed to the minimum size, height, bulk and extent necessary
to remedy the identified hazard.
Washington State Department of Fish and Wildlife, Washington Department of Ecology, and US Fish and
Wildlife Service, Olympia, Washington.
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H. An applicant must demonstrate the following in order to qualify for the RCW
90.58.030(30(e)(iii)(ii) exemption from the requirement to obtain a shoreline substantial
development permit for a proposed single family bulkhead and to insure that the bulkhead will
be consistent with the SMP:
1. Erosion from currents or waves is imminently threatening a legally established single
family detached dwelling unit or one or more appurtenant structures; and
2, The proposed bulkhead is more consistent with the City's Master Program in
protecting the site and adjoining shorelines and that non structural alternatives such
as slope drainage systems, bioengineering or vegetative growth stabilization, are not
feasible or will not adequately protect a legally established residence or appurtenant
structure; and
3. The proposed bulkhead is located landward of the OHWM or it connects to adjacent,
legally established bulkheads; and
4. The maximum height of the proposed bulkhead is no more than one foot above the
elevation of extreme high water on tidal waters as determined by the National Ocean
Survey published by the National Oceanic and Atmospheric Administration.
I. Bulkheads or revetments shall be constructed of suitable materials that will serve to
accomplish the desired end with maximum preservation of natural characteristics. Materials
with the potential for water quality degradation shall not be used. Design and construction
methods shall consider aesthetics and habitat protection. Automobile bodies, tires or other junk
or waste material that may release undesirable chemicals or other material shall not be used for
shoreline protection.
J. The builder of any bulkhead or revetment shall be financially responsible for determining the
nature and the extent of probable adverse effects on fish and wildlife or on the property of others
caused by his/her construction and shall propose and implement solutions approved by the City
to minimize such effects.
K. When shoreline stabilization is required at a public access site, provision for safe access to
the water shall be incorporated in the design whenever possible.
L. Placement of bank protection material shall occur from the top of the bank and shall be
supervised by the property owner or contractor to ensure material is not dumped directly onto the
bank face.
M. Bank protection material shall be clean and shall be of a sufficient size to prevent its being
washed away by high water flows.
N. When riprap is washed out and presents a hazard to the safety of recreational users of the
river, it shall be removed by the owner of such material.
O. Bank protection associated with bridge construction and maintenance may be permitted
subject to the provisions of the SMP and shall conform to provisions of the State Hydraulics
Code (RCW 77.55) and U.S. Army Corps of Engineer regulations.
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9.7 Archaeological. Cultural and Historical Resources
In addition to the requirements of TMC 18.50. 110, Archaeological/Paleontological Information
Preservation Requirements, the following regulations apply.
A. All land use permits for projects within the shoreline jurisdiction shall be coordinated with
affected tribes.
B. If the City determines that a site has significant archaeological, natural scientific or historical
value, a substantial development that would pose a threat to the resources of the site shall not be
approved.
C. Permits issued in areas documented to contain archaeological resources require a site
inspection or evaluation by a professional archaeologist in coordination with affected Indian
tribes. The City may require that development be postponed in such areas to allow investigation
of public acquisition potential, retrieval and preservation of significant artifacts and/or
development of a mitigation plan. Areas of known or suspected archaeological middens shall
not be disturbed and shall be fenced and identified during construction projects on the site.
D. Developers and property owners shall immediately stop work and notify the City of Tukwila,
the Washington Department of Archaeology and Historic Preservation and affected Indian tribes
if archaeological resources are uncovered during excavation.
E. In the event that unforeseen factors constituting an emergency, as defined in RCW
90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified above, the
project may be exempted from any shoreline permit requirements. The City shall notify the
Washington State Department of Ecology, the State Attorney General's Office and the State
Department of Archaeology and Historic Preservation of such an exemption in a timely manner.
F. Archaeological excavations may be permitted subject to the provision of the Master Program.
G. On sites where historical or archaeological resources have been identified and will be
preserved in situ, public access to such areas shall be designed and managed so as to give
maximum protection to the resource and surrounding environment.
H. Interpretive signs of historical and archaeological features shall be provided subject to the
requirements of the Public Access Section when such signage does not compromise the
protection of these features from tampering, damage and/or destruction.
9.8 Environmental Impact Mitigation.
A. All shoreline development and uses shall occur in a manner that results in no net loss of
shoreline ecological functions through the careful location and design of all allowed
development and uses. In cases where impacts to shoreline ecological functions from allowed
development and uses are unavoidable, those impacts shall be mitigated according to the
provisions of this section.
B. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter 43.21C
RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses or
developments shall be conducted consistent with the rules implementing SEPA (TMC 21.04 and
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WAC 197 -11).
C. For all development, mitigation sequencing shall be applied in the following order of
priority.
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to
avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
4. Reducing or eliminating the impact over time by preservation and maintenance
operations;
5. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
6. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
D. In determining appropriate mitigation measures applicable to shoreline development, lower
priority measures shall be applied only where higher priority measures are determined by the
City to be infeasible or inapplicable.
E. When mitigation measures are appropriate pursuant to the priority of mitigation sequencing
above, preferential consideration shall be given to measures that replace the impacted functions
directly and in the immediate vicinity of the impact. However, if mitigation in the immediate
vicinity is not scientifically feasible due to problems with hydrology, soils, waves or other
factors, then off -site mitigation within the shoreline jurisdiction may be allowed if consistent
with the Shoreline Restoration Plan. Mitigation for projects in the Transition Zone must take
place in the Transition Zone. In the event that a site is not available in the Transition Zone to
carry out required mitigation, the project proponent may contribute funds equivalent to the value
of the required mitigation to an existing or future restoration project identified in the CIP to be
carried out by a public agency in the Transition Zone.
9.9 Off Street Parking and Loading Requirements
A. In addition to the parking requirements in TMC 18.56, the following requirements apply to
all development in the shoreline jurisdiction.
B. Any parking, loading, or storage facilities located between the river and any building must
incorporate additional landscaping in accordance with the Vegetation Protection and
Landscaping Section, or berming or other site planning or design techniques to reduce visual
and/or environmental impacts from the parking areas utilizing the following screening
techniques:
1. A solid evergreen screen of trees and shrubs a minimum six -foot in height; or
2. Decorative fence a maximum of six feet high with landscaping. Chain link fence,
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where allowed, shall be vinyl coated and landscaped with native trailing vine or an
approved non native vine other than ivy, except where a security or safety hazard
may exist; or
3. Earth berms at a minimum of four feet high, planted with native plants in accordance
with the Vegetation Protection and Landscaping Section.
B. Where a parking area is located in the shoreline jurisdiction and adjacent to a public access
feature, the parking area shall be screened by a vegetative screen or a built structure that runs the
entire length of the parking area adjacent to the amenity. The landscape screening shall comply
with the Vegetation Protection and Landscaping Section.
C. Where public access to or along the shoreline exists or is proposed, parking areas shall
provide pedestrian access from the parking area to the shoreline.
D. Parking facilities, loading areas and paved areas shall incorporate low impact development
techniques wherever feasible, adequate storm water retention areas, oil /water separators and
biofiltration swales, or other treatment techniques and shall comply with the standards and
practices formally adopted by the City of Tukwila Public Works Department.
9.10 Vegetation Protection And Landscaping
A. Purpose, Objectives and Applicability
1. The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the shoreline
jurisdiction;
b. Establish requirements for removal of invasive plants at the time of
development or re- development of sites;
c. Establish requirements for landscaping for new development or re-
development;
d. Establish requirements for the long -term maintenance of native vegetation to
prevent establishment of invasive species and promote shoreline ecosystem
processes.
2. The City's goal is to preserve as many existing trees as possible and increase the
number of native trees, shrubs and other vegetation in the shoreline because of their
importance to shoreline ecosystem functions as listed below:
a. Overhead tree canopy to provide shade for water temperature control;
b. Habitat for birds, insects and small mammals;
c. Vegetation that overhangs the river to provide places for fish to shelter;
d. Source of insects for fish;
e. Filtering of pollutants and slowing of stormwater prior to its entering the river;
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and
f. A long -term source of woody debris for the river.
In addition, trees and other native vegetation are important for aesthetics it is the
City's goal that unsightly invasive vegetation, such as blackberries, be removed from
the shoreline and be replaced with native vegetation to promote greater enjoyment of
and access to the river.
The City will provide information and technical assistance to property owners for
improving vegetation in the shoreline jurisdiction and will work collaboratively with
local citizen groups to assist property owners in the removal of invasive vegetation
and planting of native vegetation, particularly for residential areas.
3. With the exception of residential development /re- development of 4 or fewer
residential units, all activities and developments within the shoreline environment
must comply with the landscaping and maintenance requirements of this section,
whether or not a shoreline substantial development permit is required. Single family
residential projects are not exempt if implementing a shoreline stabilization or
overwater structure project on the shoreline.
4. The tree protection and retention requirements and the vegetation management
requirements apply to existing uses as well as new or re- development.
B. Tree Protection, Retention and Replacement
1. As many significant trees and as much native vegetation as possible are to be retained on
a site proposed for development or re- development, taking into account the condition and
age of the trees. As part of design review, the Director of Community Development or
the Board of Architectural Review may require alterations in the arrangement of
buildings, parking or other elements of proposed development in order to retain
significant non invasive trees, particularly those that provide shading to the river. Trees
located on properties not undergoing development or re- development may not be
removed except those that interfere with access and passage on public trails or that
present an imminent hazard to existing structures or the public. If the hazard is not
readily apparent, the City may require an evaluation by an International Society of
Arborists (ISA)- certified arborist.
2. To protect the ecological functions that trees and native vegetation provide to the
shoreline, removal of any significant tree in the shoreline jurisdiction or native vegetation
in the buffer requires a Shoreline Tree Removal and Vegetation Clearing Permit and is
generally only allowed on sites undergoing development or redevelopment. Only trees
that interfere with access and passage on public trails or trees that present an imminent
hazard to existing structures or the public may be removed from sites without an issued
building permit or Federal approval. Factors that will be considered in approving tree
removal include but are not limited to: tree condition and health, age, risks to structures,
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and potential for root or canopy interference with utilities.
3. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and
Vegetation Clearing Permit application must be submitted to DCD containing the
following information:
a) A vegetation survey that shows the diameter, species and location of all significant
trees and all existing native vegetation on a site plan;
b)A site plan that shows trees and native vegetation to be retained and trees to be
removed and provides a table showing the number of significant trees to be
removed and the number of replacement trees required;
c) Tree protection zones and other measures to protect any trees that are to be retained
for sites undergoing development or re- development;
d)Location of the OHWM, river buffer, shoreline jurisdiction boundary and any
sensitive areas with their buffers;
e) A landscape plan that shows diameter, species name, spacing and planting location
for any required replacement trees and other proposed vegetation;
f) An arborist evaluation justifying the removal of hazardous trees if required by the
Department; and
g)An application fee per the current Land Use Permit Fee resolution.
4. Where permitted, significant trees that are removed from the shoreline shall be replaced
pursuant to the replacement ratios in Table 4 up to a density of 100 trees per acre
(including existing trees). The Director or Planning Commission may require additional
trees or shrubs to be installed to mitigate any potential impact from the loss of this
vegetation as a result of new development.
Table 4. Tree Replacement Requirements
Diameter* of Tree No. of Replacement
Removed Trees Required
4 -6 inches (single trunk) 3
2 inches (any trunk of a
multi -trunk tree)
Over 6 8 inches 4
Over 8 20 inches 6
Over 20 inches 8
measured at height of 4.5 feet from the ground
5. The property owner is required to ensure the viability and long term health of trees
planted for replacement through proper care and maintenance for the life of the project.
Replaced trees that do not survive must be replanted at the next appropriate season for
planting.
6. If all replacement trees cannot be reasonably accommodated on the site, off -site tree
replacement within the shoreline jurisdiction may be allowed at a site approved by the
City. Priority for off -site tree planting will be at locations within the Transition Zone. If
no suitable off -site location is available, the applicant shall pay into a tree replacement
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fund. The fee shall be based on the value of the replacement trees and their delivery,
labor for site preparation and plant installation, soil amendments, mulch, and staking
supplies.
7. When a tree suitable for large woody debris is permitted to be removed from the
shoreline buffer, the tree trunk and root ball (where possible) will be saved for use in a
restoration project elsewhere in the shoreline jurisdiction. The applicant will be
responsible for the cost of moving the removed trees to a location designated by the City.
If no restoration project or storage location is available at the time, the Director may
waive this requirement. Trees removed in the shoreline jurisdiction outside the buffer
shall be placed as large woody debris in the buffer (not on the bank), if feasible. Priority
for LWD placement projects will be in the Transition Zone.
8. Dead or dying trees located within the buffer or undeveloped upland portion of the
shoreline jurisdiction shall be left in place as wildlife snags, unless they present a hazard
to structures, facilities or the public.
9. Topping of trees is prohibited unless absolutely necessary to protect overhead utility
lines. Topping of trees will be regulated as removal and tree replacement will be
required.
10. For new development or redevelopment where trees are proposed for retention, tree
protection zones shall be indicated on site plans and shall be established in the field prior
to commencement of any construction or site clearing activity. A minimum 4 ft high
construction barrier shall be installed around significant trees and stands of native trees or
vegetation to be retained. Minimum distances from the trunk for the construction barriers
shall be based on the approximate age of the tree (height and canopy) as follows
a. Young trees (have reached less than 20% of life expectancy): 0.75 feet per
inch of trunk diameter.
b. Mature trees (have reached 20 80% of life expectancy): 1 foot per inch of
trunk diameter.
c. Over mature trees (have reached greater than 80% of life expectancy): 1.5
feet per inch of trunk diameter.
C. Landscaping
This section presents landscaping standards for the Shoreline Jurisdiction and is divided into a
general section and separate sections for the River Buffer and for the remaining part of the
Shoreline Jurisdiction for each Environment Designation.
1. General Requirements
4 Modified from: Trees and Development. A Technical Guide to Preservation of Trees Durine Land Development.
Nelda Metheny and James R. Clark, 1998.
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a. The landscaping requirements of this subsection apply for any new
development or redevelopment in the Shoreline Jurisdiction, except: single
family residential development of 4 or fewer lots. The extent of landscaping
required will depend on the size of the proposed project. New development or
full redevelopment of a site will require landscaping of the entire site. For
smaller projects, the Director will review the intent of this section and the
scope of the project to determine a reasonable amount of landscaping to be
carried out.
b. Invasive vegetation must be removed as part of site preparation and native
vegetation planted, including the river bank, to improve the ecological
functions of the shoreline.
c. On properties located behind publicly maintained levees, property owners will
not be responsible for removal of invasive vegetation, or planting of native
vegetation within the buffer.
d. Removal of invasive species shall be done by hand or with hand -held power
tools. Where not feasible and mechanized equipment is needed, the applicant
must obtain a Shoreline Tree Removal and Vegetation Clearing Permit and
show how the slope stability of the bank will be maintained and a plan must
be submitted indicating how the work will be done and what erosion control
and tree protection features will be utilized. Federal and State permits may be
required for vegetation removal with mechanized equipment.
e. Trees and other vegetation shading the river shall be retained or replanted
when riprap is placed per the approved tree permit, if required.
f. Removal of invasive vegetation may be phased over several years prior to
planting if part of an approved plan to allow for alternative approaches, such
as sheet mulching and goat grazing. The method selected shall not destabilize
the bank or cause erosion.
g. A combination of native trees, shrubs and groundcovers (including grasses,
sedges, rushes and vines) shall be planted. The plants listed in the Riparian
Restoration and Manaaement Table of the 2004 Washinaton Stream Habitat
Restoration Guidelines (as amended) shall provide the basis for plant
selection. Site conditions, such as topography, exposure, and hydrology shall
be taken into account for plant selection. Other species may be approved if
there is adequate justification.
h. Non native trees may be used as street trees in cases where conditions are not
appropriate for native trees (for example where there are space or height
limitations or conflicts with utilities).
i. Plants shall meet the current American Standard for Nursery Stock (American
Nursery and Landscape Association ANLA).
j. Plant sizes in the non buffer areas of all Shoreline Environments shall meet
5 Washington Department of Fish and Wildlife, Washington Department of Ecology, and US Fish and Wildlife
Service, Olympia, Washington
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the following minimum size standards:
Deciduous trees: 2" caliper
Conifers: 6 -8' height.
Shrubs: 24" height
Groundcover /grasses: 4 -inch or 1 gallon container
Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending
on plant species) are preferred for buffer plantings. Willow stakes must be at
least t/z -inch in diameter.
k. Site preparation and planting of vegetation shall be in accordance with best
management practices for ensuring the vegetation's long -term health and
survival.
1. Plants may be selected and placed to allow for public and private view
corridors and/or access to the water's edge.
m. Native vegetation in the shoreline installed in accordance with the preceding
standards shall be maintained by the property owner to promote healthy
growth and prevent establishment of invasive species for the life of the
project. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall
be removed according to the approved maintenance plan.
n. Areas disturbed by removal of invasive plants shall be replanted with native
vegetation where necessary to maintain the density shown in Table 4 and must
be replanted in a timely manner, except where a long term removal and re-
vegetation plan, as approved by the City, is being implemented.
o. The following standards apply to utilities and loading docks located in the
shoreline jurisdiction.
1) Utilities such as pumps, pipes, etc. shall be suitably screened with
native vegetation;
2) Utility easements shall be landscaped with native, groundcover,
grasses or other low- growing plants as appropriate to the shoreline
environment and site conditions;
3) Allowed loading docks and service areas located waterward of the
development shall have landscaping that provides extensive visual
separation from the river.
2. River Buffer Landscaping Requirements in all Shoreline Environments
The River Buffer in all shoreline environments shall function, in part, as a vegetation
management area to filter sediment, capture contaminants in surface water run -off,
reduce the velocity of water run -off, and provide fish and wildlife habitat.
a. A planting plan prepared by a licensed landscape architect or an approved
biologist shall be submitted to the City for approval that shows plant species,
size, number and spacing. The requirement for a landscape architect or
biologist may be waived by the Director for single family property owners
(when planting is being required as mitigation for construction of overwater
structures or shoreline stabilization), if the property owner accepts technical
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assistance from City staff.
b. Plants shall be installed from the OHWM to the upland edge of the River
Buffer (unless site conditions would make planting unsafe).
c. Plantings close to and on the bank shall include native willows, red osier
dogwood and other native vegetation that will extend out over the water, to
provide shade and habitat functions when mature. Species selected must be
able to withstand seasonal water level fluctuations.
d. Minimum plant spacing in the buffer shall follow Table 5. Existing non-
invasive plants may be included in the density calculations.
e. Irrigation for buffer plantings is required for at least two dry seasons or until
plants are established. An irrigation plan is to be included as part of the
planting plan.
f. In the event that a development project allows for setback and benching of the
shoreline along an existing levee or revetment, the newly created mid -slope
bench area shall be planted and maintained with a variety of native vegetation
appropriate for site conditions.
Table 5. River Buffer Vegetation Planting Densities
Plant Material Type I Planting Density
Stakes /cuttings along river bank (willows, red 1 -2 ft on center or per bioengineering method
osier dogwood)
Shrubs
Trees
Groundcovers, grasses, sedges, rushes, other
herbaceous plants
Native seed mixes
3 -5 ft on center, depending on species
15 20 ft on center, depending on species
1 1.5 ft on center, depending on species
5 -25 lbs per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High Intensity
Environments Outside of the River Buffer
For the portions of property within the Shoreline Jurisdiction landward of the River
Buffer the landscape requirements in the General section of this SMP and the
requirements for the underlying zoning as established in TMC Chapter 18.52 shall
apply except as indicated below.
a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal feet of
required perimeter landscaping, one shrub for each 4 lineal feet of required
perimeter landscaping, and native groundcovers to cover 90% of the
landscape area within 3 years, planted at a minimum spacing of 18 inches on-
center.
b. Interior Parking Lot Landscaping: Every 300 square feet of paved surface
requires 10 square feet of interior landscaping within landscape islands
separated by no more than 150 feet between islands.
c. Landscaping shall be provided at yards not adjacent to the river, with the same
width as required in the underlying zoning district. This standard may be
reduced as follows:
1) Where development provides public access corridor between off -site
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public area(s) and public shoreline areas, side yard landscaping may be
reduced by 25 percent to no less than 3 feet; or
2) Where development provides additional public access area(s) (as
allowed by the High Intensity and Urban Conservancy Environment
Development Standards) equal in area to at least 2.5% of total building
area, front yard landscaping may be reduced by 25 percent.
D. Vegetation Management in the Shoreline Jurisdiction
The requirements of this section apply to all existing and new development within the
shoreline jurisdiction.
Trees and shrubs may only be pruned for safety, to maintain view or access corridors
and trails by pruning up or on the sides of trees, to maintain clearance for utility lines,
and /or for improving shoreline ecological function. This type of pruning is exempt
from any permit requirements. Topping of trees is prohibited except where
absolutely necessary to avoid interference with existing utilities.
2. Plant debris from removal of invasive plants or pruning shall be removed from the
site and disposed of properly.
3. Use of pesticides
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be
used in the shoreline jurisdiction except where:
1) Alternatives such as manual removal, biological control, and cultural
control are not feasible given the size of the infestation, site
characteristics, or the characteristics of the invasive plant species
2) The use of pesticides has been approved through a comprehensive
vegetation or pest management and monitoring plan;
3) The pesticide is applied in accordance with state regulations;
4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency and
5) The use of pesticides in the shoreline jurisdiction is approved in
writing by the City and the applicant presents a copy of the Aquatic
Pesticide Permit issued by the Department of Ecology or Washington
Department of Agriculture.
b. Self- contained rodent bait boxes designed to prevent access by other animals
are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses that
involve maintenance of extensive areas of turf shall provide and implement an
integrated turf management program or integrated pest management plan
designed to ensure that water quality in the river is not adversely impacted.
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9.11 Land Alterine Activities
All land altering activities in the shoreline jurisdiction shall be in conjunction with an underlying
land development permit, except for shoreline restoration projects. All activities shall meet the
following standards:
A. Clearing, Grading and Landfill
1. Land altering shall be permitted only where it meets the following criteria:
a. The work is the minimum necessary to accomplish an allowed shoreline use;
b. Impacts to the natural environment are minimized and mitigated;
c. Water quality, river flows and/or fish habitat are not adversely affected;
d. Public access and river navigation are not diminished;
e. The project complies with all federal and state requirements;
f. The project complies with the vegetation protection criteria of the Vegetation
Protection and Landscaping Section; and
g. Documentation is provided to demonstrate that the fill comes from a clean
source.
2. Clearing, grading and landfill activities, where allowed, shall include erosion control
mechanisms, and any reasonable restriction on equipment, methods or timing
necessary to minimize the introduction of suspended solids or leaching of
contaminants into the river, or the disturbance of wildlife or fish habitats in
accordance with the standards in the Grading Chapter, TMC 16.54,.
B. Dredging
1. Dredging activities must comply with all federal and state regulations. Maintenance
dredging of established navigation channels and basins must be restricted to
maintaining previously dredged and/or existing authorized location, depth, and width.
2. Where allowed, dredging operations must be designed and scheduled so as to ensure
no net loss to shoreline ecological functions or processes.
9.12 Marinas, Boat Yards, Dry Docks, Boat Launches, Piers. Docks and Other Over
water Structures
A. General Requirements
1. Prior to issuance of a shoreline substantial development permit for construction of
piers, docks, wharves or other over -water structures the applicant shall present
approvals from State or Federal agencies, as applicable.
2. Structures must be designed by a qualified engineer and must demonstrate the project
will result in no net loss of shoreline ecological function and will be stable against the
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forces of flowing water, wave action and the wakes of passing vessels.
3. In -water structures shall be designed and located to minimize shading of native
aquatic vegetation and fish passage areas. Removal of shoreline, riparian and aquatic
vegetation shall be limited to the minimum extent necessary to construct the project.
All areas disturbed by construction shall be replanted with native vegetation as part of
the project.
4. New or replacement in -water structures shall be designed and located such that
natural hydraulic and geologic processes, such as erosion, wave action or floods will
not necessitate the following:
a. reinforcement of the shoreline or stream bank with new bulkheads or similar
artificial structures to protect the in -water structure; or
b. dredging.
5. No structures are allowed on top of over -water structures except for properties located
north of the Turning Basin.
6. Pilings or other associated structures in direct contact with water shall not be treated
with preservatives unless the applicant can demonstrate that no feasible alternative to
protect the materials exists and that non -wood alternatives are not economically
feasible. In that case, only compounds approved for marine use may be used and
must be applied by the manufacturer per current best management practices of the
Western Wood Preservers Institute. The applicant must present verification that the
best management practices were followed. The preservatives must also be approved
by the Washington Department of Fish and Wildlife.
7. All over -water structures shall be constructed and maintained in a safe and sound
condition. Abandoned or unsafe over -water structures shall be removed or repaired
promptly by the owner. Accumulated debris shall be regularly removed and disposed
of properly so as not to jeopardize the integrity of the structure. Replacement of in-
water structures shall include proper removal of abandoned or other manmade
structures and debris.
8. Boat owners who store motorized boats on -site are encouraged to use best
management practices to avoid fuel and other fluid spills.
B. Marinas, Boat yards and Dry Docks
1. All uses under this category shall be designed to achieve no net loss of shoreline
ecological functions.
2. Commercial /Industrial marinas and dry docks shall be located no further upriver than
Turning Basin #3.
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3. Marinas shall be located, designed, constructed and operated to avoid or minimize
adverse impacts on fish, wildlife, water quality, native shoreline vegetation,
navigation, public access, existing in -water recreational activities and adjacent water
uses.
4. Marinas shall submit a fuel spill prevention and contingency plan to the City for
approval. Haul -out and boat maintenance facilities must meet the City's stormwater
management requirements and not allow the release of chemicals, petroleum or
suspended solids to the river.
5. Marinas, boat yards and dry docks must be located a minimum of 100 feet from Fish
and Wildlife Habitat Areas (see Sensitive Areas in the Shoreline Map, Map 5).
6. New marinas, launch ramps and accessory uses must be located where water depths
are adequate to avoid the need for dredging.
C. Boat Launches and Boat Lifts
1. Boat launch ramps and vehicle access to the ramps shall be designed to not cause
erosion; the use of pervious paving materials, such as grasscrete, are encouraged.
2. Boat launch ramps shall be designed to minimize areas of landfill or the need for
shoreline protective structures.
3. Access to the boat ramp and parking for the ramp shall be located a sufficient
distance from any frontage road to provide safe maneuvering of boats and trailers.
4. Launching rails shall be adequately anchored to the ground.
5. Launch ramps and boat lifts shall extend waterward past the OHWM only as far as
necessary to achieve their purpose.
6. Boat lifts and canopies must meet the standards of the U.S. Army Corps of Engineers
Regional General Permit Number 1 for Watercraft Lifts in Fresh and
Marine/Estuarine Waters within the State of Washington.
D. Over -water Structures
Where allowed, over -water structures such as piers, wharves and docks shall meet the following
standards:
1. The size of new over -water structures shall be limited to the minimum necessary to
support the structure's intended use and to provide stability in the case of floating docks.
Structures must be compatible with any existing channel control or flood management
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structures.
2. Over -water structures shall not extend waterward of the OHWM any more than necessary
to permit launching of watercraft, while also ensuring that watercraft do not rest on tidal
substrate at any time.
3. Adverse impacts of over -water structures on water quality, river flows, fish habitat,
shoreline vegetation, and public access shall be minimized and mitigated. Mitigation
measures may include joint use of existing structures, open decking or piers, replacement
of non native vegetation, installation of in -water habitat features or restoration of shallow
water habitat.
4. Any proposals for in -water or over -water structures shall provide a pre construction
habitat evaluation, including an evaluation of salmonid and bull trout habitat and
shoreline ecological functions and demonstrate how the project achieves no net loss of
shoreline ecological functions.
5. Over -water structures shall obtain all necessary state and federal permits prior to
construction or repair.
6. All over -water structures must be designed by a qualified engineer to ensure that they are
adequately anchored to the bank in a manner so as not to cause future downstream
hazards or significant modifications to the river geomorphology and are able to withstand
high flows.
7. Over -water structures shall not obstruct normal public use of the river for navigation or
recreational purposes.
8. Shading impacts to fish shall be minimized by using grating on at least 30% of the
surface area of the over -water structure on residential areas and at least 50% of the over
water structure on all other properties. The use of skirting is not permitted.
9. If floats are used, the flotation shall be fully enclosed and contained in a shell (such as
polystyrene) that prevents breakup or loss of the flotation material into the water, damage
from ultraviolet radiation, and damage from rubbing against pilings or waterborne debris.
10. Floats may not rest on the tidal substrate at any time and stoppers on the piling anchoring
the floats must be installed to ensure at least 1 foot of clearance above the substrate.
Anchor lines may not rest on the substrate at any time.
11. The number of pilings to support over -water structures, including floats shall be limited
to the minimum necessary. Pilings shall conform to the pilings standards contained in the
US Army Corps of Engineers Regional General Permit No. 6.
12. No over -water structure shall be located closer than five (5) feet from the side property
line extended, except that such structures may abut property lines for the common use of
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adjacent property owners when mutually agreed upon by the property owners in an
easement recorded with the King County. A copy of this agreement shall be submitted to
the Department of Community Development and accompany an application for a
development permit and /or Shoreline Permit.
E. Live Aboards
New over -water residences are prohibited. Live aboards may be allowed provided that:
1. They are for single family use only;
2. They are located in a marina that provides shower and toilet facilities on land and there
are not sewage discharges to the water.
3. Live aboards do not exceed 10 percent of the total slips in the marina;
4. They are owner occupied vessels; and
5. There are on -shore support services in proximity to the live aboards.
9.13 Signs in Shoreline Jurisdiction
A. Signage within the shoreline buffer is limited to the following:
1. Interpretative signs;
2. Signs for water related uses;
3. Signs installed by a government agency for public safety along any public trail or at any
public park;
4. Signs installed within the rights of way of any public right of way or bridge within the
shoreline buffer. All signs shall meet the requirements of the Manual on Uniform Traffic
Control Devices for Streets and Highways, current edition, published by the U.S.
Department of Transportation.
5. Signs installed on utilities and Wireless Communication Facilities denoting danger or
other safety information, including emergency contact information.
B. The following signs are strictly forbidden the shoreline buffer:
1. Billboards and other off premise signs.
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10. ENVIRONMENTALLY SENSITIVE AREAS WITHIN THE SHORELINE
JURISDICTION.
10.1 Purpose
A. The Growth Management Act (RCW 36.70A) requires protection of critical areas (sensitive
areas), defined as wetlands, watercourses, frequently flooded areas, geologically hazardous
areas, critical aquifer recharge areas, fish and wildlife conservation areas, and abandoned mine
areas.
B. The purpose of protecting environmentally sensitive areas within the shoreline jurisdiction is
to:
1. Minimize developmental impacts on the natural functions and values of these areas.
2. Protect quantity and quality of water resources.
3. Minimize turbidity and pollution of wetlands and fish bearing waters and maintain
wildlife habitat.
4. Prevent erosion and the loss of slope and soil stability caused by the removal of trees,
shrubs, and root systems of vegetative cover.
5. Protect the public against avoidable losses, public emergency rescue and relief
operations cost, and subsidy cost of public mitigation from landslide, subsidence,
erosion and flooding.
6. Protect the community's aesthetic resources and distinctive features of natural lands
and wooded hillsides.
7. Balance the private rights of individual property owners with the preservation of
environmentally sensitive areas.
8. Prevent the loss of wetland and watercourse function and acreage, and strive for a
gain over present conditions.
9. Give special consideration to conservation or protection measures necessary to
protect or enhance anadromous fisheries.
10. Incorporate the use of best available science in the regulation and protection of
sensitive areas as required by the state Growth Management Act, according to WAC
365 -195 -900 through 365- 195 -925 and WAC 365- 190 -080.
C. The goal of these sensitive area regulations is to achieve no net loss of wetland, watercourse,
or fish and wildlife conservation area or their functions.
10.2 Applicability. Maps and Inventories
A. Sensitive areas located in the shoreline jurisdiction will be governed by the Shoreline
Management Program and not the City's Sensitive Areas Ordinance. However, the level of
protection for the critical areas shall be equal to that provided in the Sensitive Areas section of
the Zoning Code (TMC 18.45).
B. Sensitive areas currently identified in the shoreline jurisdiction are discussed in the Shoreline
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Inventory and Characterization Report, which forms part of this Shoreline Management
Program. The locations are mapped on the Sensitive Areas in the Shoreline Jurisdiction Map
Map 5. This map is based on assessment of current conditions and review of the best available
information. However, additional sensitive areas may exist within the shoreline jurisdiction and
the boundaries of the sensitive areas shown are not exact. It is the responsibility of the property
owner to determine the presence of sensitive areas on the property and to verify the boundaries in
the field. Sensitive area provisions for abandoned mine areas do not apply as none of these areas
is located in the shoreline jurisdiction.
C. Frequently flooded areas and areas of seismic instability will be governed by the Flood Zone
Management Code (TMC 16.52) and the Washington State Building Code.
10.3 Best Available Science
Policies, regulations and decisions concerning sensitive areas shall rely on Best Available
Science to protect their functions and values. Special consideration must be given to the
conservation or protection measures necessary to preserve or enhance anadromous fish and their
habitats. Nonscientific information may supplement scientific information, but is not an
adequate substitution for valid and available scientific information.
10.4 Sensitive Area Studies
An applicant for a development proposal that may include a sensitive area and /or its buffer shall
submit those studies as required by the City and specified below to adequately identify and
evaluate the sensitive area and its buffers.
A. General Requirements
1. A required sensitive areas study shall be prepared by a person with experience and
training in the scientific discipline appropriate for the relevant sensitive area. A
qualified professional must have obtained a B.S. or B.A. or equivalent degree in
ecology or related science, engineering, environmental studies, fisheries, geotechnical
or related field, and at least two years of related work experience.
2. The sensitive areas study shall use scientifically valid methods and studies in the
analysis of sensitive area data and shall use field reconnaissance and reference the
source of science used. The sensitive area study shall evaluate the proposal and all
probable impacts to sensitive areas.
3. It is intended that sensitive areas studies and information be utilized by applicants in
preparation of their proposals and therefore shall be undertaken early in the design
stages of a project.
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B. Wetland, Watercourse and Fish and Wildlife Conservation Area Sensitive Area
Studies
At a minimum, the sensitive area study shall contain the following information, as applicable:
1. The name and contact information of the applicant, a description of the proposal, and
identification of the permit requested;
2. A copy of the site plan for the development proposal showing: sensitive areas and
buffers and the development proposal with dimensions; clearing limits; proposed
storm water management plan; and mitigation plan for impacts due to drainage
alterations;
3. The dates, names and qualifications of the persons preparing the study and
documentation of any fieldwork performed on the site;
4. Identification and characterization of all sensitive areas, water bodies, and buffers
adjacent to the proposed project area or potentially impacted by the proposed project.
5. A statement specifying the accuracy of the study and assumptions used in the;
6. Determination of the degree of impact and risk from the proposal both on the site and
on adjacent properties;
7. An assessment of the probable cumulative impacts to sensitive areas, their buffers and
other properties resulting from the proposal;
8. A description of reasonable efforts made to apply mitigation sequencing to avoid,
minimize and mitigate impacts to sensitive areas;
9. Plans for adequate mitigation to offset any impacts;
10. Recommendations for maintenance, short-term and long -term monitoring,
contingency plans and bonding measures; and
11. Any technical information required by the director to assist in determining
compliance.
C. Geotechnical Studies
1. A geotechnical study appropriate both to the site conditions and the proposed
development shall be required for development in Class 2, Class 3, and Class 4 Areas.
2. All studies shall include at a minimum a site evaluation, review of available
information regarding the site and a surface reconnaissance of the site and adjacent
areas. For Class 2 areas, subsurface exploration of site conditions is at the discretion
of the geotechnical consultant. In addition, for Class 3 and Class 4 Areas, the study
shall include a feasibility analysis for the use of infiltration on -site and a subsurface
exploration of soils and hydrology conditions. Detailed slope stability analysis shall
be done if the geotechnical engineer recommends it in Class 3 areas, and must be
done in Class 4 areas.
3. Applicants shall retain a geotechnical engineer to prepare the reports and evaluations
required in this subsection. The geotechnical report and completed site evaluation
checklist shall be prepared in accordance with generally accepted geotechnical
practices, under the supervision of and signed and stamped by the geotechnical
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engineer. The report shall be prepared in consultation with the appropriate City
department. Where appropriate, a geologist must be included as part of the
geotechnical consulting team. The report shall make specific recommendations
concerning development of the site.
4. The opinions and recommendations contained in the report shall be supported by field
observations and, where appropriate or applicable, by literature review conducted by
the geotechnical engineer which shall include appropriate explorations, such as
borings or test pits, and an analysis of soil characteristics conducted by or under the
supervision of the engineer in accordance with standards of the American Society of
Testing and Materials or other applicable standards. If the evaluation involves
geologic evaluations or interpretations, the report shall be reviewed and approved by
a geotechnical engineer.
D. Modifications or Waivers to Sensitive Area Study Requirements
1. The Director may limit the required geographic area of the sensitive area study as
appropriate if:
a. The applicant, with assistance from the city, cannot obtain permission to
access properties adjacent to the project area; or
b. The proposed activity will affect only a limited part of the site.
2. The Director may allow modifications to the required contents of the study where, in
the judgment of a qualified professional, more or less information is required to
adequately address the potential sensitive area impacts and required mitigation.
3. If there is written agreement between the Director and the applicant concerning the
sensitive area classification and type, the Director may waive the requirement for
sensitive area studies provided that no adverse impacts to sensitive areas or buffers
will result. There must be substantial evidence that the sensitive areas delineation and
classification are correct, that there will be no detrimental impact to the sensitive
areas or buffers, and that the goals, purposes, objectives and requirements of the
Shoreline Management Program will be followed.
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b Yt lm
Map 5
Sensitive
Areas In the
Shoreline
The mapping of areas of
potential geologic instability
is approximate.
On site verification of
topography and
r Ags s :`a y wS� r� geology is necessary.
r a��{ Wetland and locations
Turning Basin are a ppr o ximat e shown on
and
watercourses how
Ne this map have not
been surveyed.
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t I
cl
140 &1
t
I slgss I a I
Legend
it l �a �m SISM
Tukwila City Limits 1 s,azs t
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a ®mm Type 2 Shoreline Wetland Buffer (80')
Fish &Wildlife Habitat Conservation Area alsest
r•..� m,t�. I I s,sa s� A��' a M
6....a Fish Wildlife Habitat Buffer (100) l I'
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a-0 Type 2 Stream U
L Type 2 Stream in Pipe
Type 3 Stream
Type 3 Stream in Pipe h a
Type 4 Stream
Type 4 Stream in Pipe��
Type 2 Watercourse Buffer 100' r 11
/S 1
9 Type 3 Watercourse Buffer (80')
leo st
l
Type 4 Watercourse Buffer (50') I
WN 200ft River Buffer
Pp
Slope Classifications
lands) de potenlal smed«ale steps sbelween 15% and
2 andund we ey wet-ly petmmable -1i
qre
Landsi dB pdeni al shghslcga .s between15%andg0 %and r j'
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3 ali areas slop es we than 40%.
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4 ez sl ns mappable lands) de lopes is regaidess of sbpa
'Fsh and Wildlife Habitat Conservation Areas shown are salmon szoomst
habitat enhancement projects completed or underway. The river
itself is also a fish and Wildlife Habitat Conservation Area. 4 t
szM" �G 1"=.s MILE
173
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10.5 Procedures
When an applicant submits an application for any building permit, subdivision, short subdivision
or any other land use review that approves a use, development or future construction, the
location and dimensions of all sensitive areas and buffers on the site shall be indicated on the
plans submitted. When a sensitive area is identified, the following procedures apply.
A. The applicant shall submit the relevant sensitive area study as required by this chapter.
B. The Department of Community Development will review the information submitted in the
sensitive area studies to verify the information, confirm the nature and type of the sensitive area,
and ensure the study is consistent with the Shoreline Master Program. At the discretion of the
Director, sensitive area studies may undergo peer review, at the expense of the applicant.
C. Denial of use or development: A use or development will be denied if the Director
determines that the applicant cannot ensure that potential dangers and costs to future inhabitants
of the development, adjacent properties, and Tukwila are minimized and
mitigated to an acceptable level.
D. Preconstruction meeting: The applicant, specialist(s) of record, contractor, and department
representatives will be required to attend pre- construction meetings prior to any work on the site.
E. Construction monitoring: The specialist(s) of record shall be retained to monitor the site
during construction.
F. On -site Identification: The Director may require the boundary between a sensitive area and
its buffer or between the buffer and the development and any development or use to be
permanently identified with fencing, or with a wood or metal sign with treated wood, concrete or
metal posts. Size will be determined at the time of permitting, and wording shall be as follows:
"Protection of this natural area is in your care. Do not alter or disturb. Please call the City of
Tukwila (206- 431 -3670) for more information.
10.6 Wetland Determinations and Classifications
A. Wetlands and their boundaries are established by using the Washington State Wetland and
Delineation Manual, as required by RCW 36.70A.175 (Ecology Publication #96 -94) and
consistent with the 1987 Corps of Engineers Wetland Delineation Manual.
B. Wetland determinations shall be made by a qualified professional (certified Wetland Scientist
or non certified with at least 2 years of full -time work experience as a wetland professional).
C. Wetland areas within the City of Tukwila have certain characteristics, functions and values
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and have been influenced by urbanization and related disturbances. Wetland functions include,
but are not limited to the following: improving water quality; maintaining hydrologic functions
(reducing peak flows, decreasing erosion, groundwater); and providing habitat for plants,
mammals, fish, birds, and amphibians.
D. Wetlands shall be designated in accordance with the Washington State Wetlands Rating
System for Western Washington (Washington State Department of Ecology, August 2004,
Publication 904 -06 -025) as Category I, II, 111, or IV as listed below:
1. Category I wetlands are those that a) represent a unique or rare wetland type; or b) are
more sensitive to disturbance than most wetlands; or c) are relatively undisturbed and
contain ecological attributes that are impossible to replace within a human lifetime; or
d) provide a high level of functions. The following types of wetlands listed by
Washington Department of Ecology and potentially found in Tukwila's Shoreline
Jurisdiction are Category 1:
a. Estuarine wetlands (Estuarine wetlands are deepwater tidal habitats with a
range of fresh brackish marine water chemistry and daily tidal cycles, salt and
brackish marshes, intertidal mudflats, bays, sounds, and coastal rivers.
b. Wetlands that perform many functions well and score at least 70 points in the
Western Washington Wetlands Rating System.
2. Category II wetlands are difficult, though not impossible, to replace, and provide high
levels of some functions. These wetlands occur more commonly than Category I
wetlands, but still need a relatively high level of protection. Category 11 wetlands
potentially in Tukwila's Shoreline Jurisdiction include:
a. Estuarine Wetlands Any estuarine wetland smaller than an acre, or those that
are disturbed and larger than 1 acre are category II wetlands.
b. Wetlands That Perform Functions Well Wetlands scoring between 51 -69
points (out of 100) on the questions related to the functions present are
Category 1I wetlands.
3. Category III wetlands have a moderate level of functions (scores between 30 -50
points). Wetlands scoring between 30 -50 points generally have been disturbed in
some ways, and are often less diverse or more isolated from other natural resources in
the landscape than Category II wetlands.
4. Category IV wetlands have the lowest levels of functions (scores less than 30 points)
and are often heavily disturbed. While these are wetlands that should be able to be
replaced or improved, they still need protection because they may provide some
important functions. Any disturbance of these wetlands must be considered on a case
by case basis.
10.7 Watercourse DesiL-nation and Ratings
A. Watercourse ratings are based on the existing habitat functions and are rated as follows:
1. Tvne 1 (S) Watercourse: Watercourses inventoried as Shorelines of the State, under
RCW 90.58 (Green/Duwamish River).
2. Tvi)e 2 (F) Watercourse: Those watercourses that have either perennial (year- round)
or intermittent flows and support salmonid fish use.
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3. Type 3 (NP) Watercourse: Those watercourses that have perennial flows and are not
used by salmonid fish.
4. Tvpe 4 (NS) Watercourse: Those watercourses that have intermittent flows and are
not used by salmonid fish.
B. Watercourse sensitive area studies shall be performed by a qualified professional
(hydrologist, geologist, engineer or other scientist with experience in preparing watercourse
assessments).
10.8 Fish and Wildlife Habitat Conservation Areas
A. Fish and wildlife habitat conservation areas within the shoreline jurisdiction include the
habitats listed below:
1. Areas with which endangered, threatened, and sensitive species have a primary
association;
2. Habitats and species of local importance, including but not limited to bald eagle
habitat, heron rookeries, osprey nesting areas;
3. Waters of the State (i.e., the Green Duwamish River itself);
4. State natural area preserves and natural resource conservation areas; and
5. Areas critical for habitat connectivity.
B. The approximate location and extent of known fish and wildlife habitat conservation
areas are identified in the Shoreline Inventory and Characterization Report and are shown on the
Sensitive Areas in the Shoreline Jurisdiction map 6 Fish and wildlife habitat conservation areas
correlate closely with the areas identified as regulated watercourses and wetlands and their
buffers, as well as off channel habitat areas created to improve salmon habitat (shown on the
Sensitive Areas Map) in the Shoreline jurisdiction. The Green/Duwamish River is recognized as
the most significant fish and wildlife habitat corridor. In addition Gilliam Creek, Riverton Creek,
Southgate Creek, Hamm Creek (in the north PAA), and Johnson Creek (South PAA) all provide
salmonid habitat.
10.9 Wetland Watercourse, and Fish and Wildlife Habitat Conservation Area Buffers
A. Purpose and Intent of Buffer Establishment
1. A buffer area shall be established adjacent to designated sensitive areas. The purpose
of the buffer area shall be to protect the integrity, functions and values of the sensitive
areas. Any land alteration must be located out of the buffer areas as required by this
section.
6 Note that only the salmon habitat enhancement project sites completed or underway are shown
as Fish and Wildlife Conservation Areas on the Sensitive Areas in the Shoreline Jurisdiction
Map. Streams are shown as watercourses. The river is not shown as a Fish and Wildlife Habitat
Conservation Area for the sake of simplicity.
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2. Buffers are intended in general to:
a. Minimize long -term impacts of development on properties containing
sensitive areas;
b. Protect sensitive areas from adverse impacts during development;
c. Preserve the edges of wetlands and the banks of watercourses and fish and
wildlife habitat conservation areas for their critical habitat value;
d. Provide an area to stabilize banks, to absorb overflow during high water
events and to allow for slight variation of aquatic system boundaries over time
due to hydrologic or climatic effects;
e. Provide shading to watercourses and fish and wildlife habitat conservation
areas to maintain stable water temperatures and provide vegetative cover for
additional wildlife habitat;
f. Provide input of organic debris and nutrient transport in watercourses;
g. Reduce erosion and increased surface water runoff,
h. Reduce loss of or damage to property;
i. Intercept fine sediments from surface water runoff and serve to minimize
water quality impacts; and
j. Protect the sensitive area from human and domestic animal disturbances.
B. Establishment of Buffer Widths
The following standard buffers shall be established:
1. Wetland buffers (measured from the wetland edge):
a. Categories I and II Wetlands; 100 foot buffer.
b. Category III Wetland; 80 -foot buffer.
c. Category IV Wetland; 50 -foot buffer.
2. Watercourse buffers (measured from the Ordinary High Water Mark):
a. Type 1 (S) Watercourse: The buffer width for the Green/Duwamish River is
established in the Shoreline Environment Designations of this SMP for the
three designated shoreline environments.
b. Type 2 (D Watercourse: 100- foot -wide buffer.
c. Type 3 (NP). Watercourse: 80- foot -wide buffer.
d. Type 4 (NS) Watercourse: 50- foot -wide buffer.
3. Fish and Wildlife Habitat Conservation Areas: the buffer will be the same as the
river buffer established for each Shoreline Environment measured from the OHWM,
unless an alternate buffer is established and approved at the time a Fish and Wildlife
Habitat restoration project is undertaken.
C. Sensitive Area Buffer Setbacks
All commercial and industrial buildings shall be set back 15 feet and all other development shall
be set back ten feet from the sensitive area buffer's edge. The building setbacks shall be
measured from the foundation to the buffer's edge. Building plans shall also identify a 20 -foot
area beyond the buffer setback within which the impacts of development will be reviewed. The
Director may waive setback requirements when a site plan demonstrates there will be no adverse
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impacts to the buffer from construction or occasional maintenance activities.
D. Reduction of Standard Buffer Width
Except for the Green/Duwamish River (Type 1 watercourse for which any variation in the buffer
shall be regulated under the shoreline provisions of this Program), the buffer width may reduced
on a case -by -case basis, provided the reduced buffer area does not contain slopes 15% or greater.
In no case shall the approved buffer width result in greater than a 50% reduction in width.
Buffer reduction with enhancement may be allowed as part of a Substantial Development permit
i£
1. Additional protection to wetlands or watercourses will be provided through the
implementation of a buffer enhancement plan; and
2. The existing condition of the buffer is degraded; and
3. Buffer enhancement includes, but is not limited to the following:
a. Planting vegetation that would increase value for fish and wildlife habitat or
improve water quality;
b. Enhancement of wildlife habitat by incorporating structures that are likely to
be used by wildlife, including wood duck boxes, bat boxes, snags, root
wads /stumps, birdhouses and heron nesting areas; or
c. Removing non native plant species and noxious weeds from the buffer area
and replanting the area.
F. Increase in Standard Buffer Width
Buffers for sensitive areas will be increased when they are determined to be particularly sensitive
to disturbance or the proposed development will create unusually adverse impacts. Any increase
in the width of the buffer shall be required only after completion of a sensitive areas study by a
qualified biologist that documents the basis for such increased width. An increase in buffer width
may be appropriate when:
1. The development proposal has the demonstrated potential for significant adverse
impacts upon the sensitive area that can be mitigated by an increased buffer width; or
2. The area serves as habitat for endangered, threatened, sensitive or monitor species
listed by the federal government or the State.
G. Maintenance of Vegetation in Buffers
Every reasonable effort shall be made to maintain any existing viable native plant life in the
buffers. Vegetation may be removed from the buffer as part of an enhancement plan approved by
the Director. Enhancements will ensure that slope stability and wetland or watercourse quality
will be maintained or improved. Any disturbance of the buffers shall be replanted with a diverse
plant community of native northwest species that are appropriate for the specific site as
determined by the Director. If the vegetation must be removed, or because of the alterations of
the landscape the vegetation becomes damaged or dies, then the applicant for a permit must
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replace existing vegetation with comparable specimens, approved by the Director, which will
restore buffer functions within five years.
10.10 Areas of Potential Geoloeic Instabilitv
A. Classification
Areas of potential geologic instability are classified as follows:
1. Class 1 area, where landslide potential is low, and which slope is less than 15
2. Class 2 areas, where landslide potential is moderate, which slope is between 15% and
40 and which are underlain by relatively permeable soils;
3. Class 3 areas, where landslide potential is high, which include areas sloping between
15% and 40 and which are underlain by relatively impermeable soils or by
bedrock, and which also include all areas sloping more steeply than 40
4. Class 4 areas, where landslide potential is very high, which include sloping areas with
mappable zones of groundwater seepage, and which also include existing mappable
landslide deposits regardless of slope.
B. Exemptions
The following areas are exempt from regulation as geologically hazardous areas:
1. Temporary stockpiles of topsoil, gravel, beauty bark or other similar landscaping or
construction materials;
2. Slopes related to materials used as an engineered pre -load for a building pad;
3. Any temporary slope that has been created through legal grading activities under an
approved permit may be re- graded.
4. Roadway embankments within right -of -way or road easements; and
5. Slopes retained by approved engineered structures, except riverbank structures and
armoring.
C. Geotechnical Study Required
Development or alterations to areas of potential geologic instability that form the
river banks shall be governed by the policies and requirements of the Shoreline
Stabilization section of this SMP. Development proposals on all other lands
containing or threatened by an area of potential geologic instability Class 2 or higher
shall be subject to a geotechnical study. The geotechnical report shall analyze and
make recommendations on the need for and width of any setbacks or buffers
necessary to insure slope stability Development proposals shall then include the
buffer distances as defined within the geotechnical report. The geotechnical study
shall be performed by a qualified professional geotechnical engineer, licensed in the
State of Washington.
2. Prior to permitting alteration of an area of potential geologic instability, the applicant
must demonstrate one of the following:
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a. There is no evidence of past instability or earth movement in the vicinity of
the proposed development, and where appropriate, quantitative analysis of
slope stability indicates no significant risk to the proposed development or
surrounding properties; or
b. The area of potential geologic instability can be modified or the project can be
designed so that any potential impact to the project and surrounding properties
is eliminated, slope stability is not decreased, and the increase in surface water
discharge or sedimentation shall not decrease slope stability.
D. Buffers for Areas of Potential Geologic Instability
1. Buffers are intended to:
a. Minimize long -term impacts of development on properties containing
sensitive areas;
b. Protect sensitive areas from adverse impacts during development;
c. Prevent loading of potentially unstable slope formations;
d. Protect slope stability;
e. Provide erosion control and attenuation of precipitation, surface water and
storm water runoff,
f. Reduce loss of or damage to property; and
g. Prevent the need for future shoreline armoring.
2. Buffers may be increased by the Director when an area is determined to be
particularly sensitive to the disturbance created by a development. Such a decision
will be based on a City review of the report as prepared by a qualified geotechnical
engineer and by a site visit.
E. Additional Requirements
1. Where any portion of an area of potential geologic instability is cleared for
development, a landscaping plan for the site shall include tree replanting in
accordance with the Vegetation Protection and Landscaping chapter of this SMP.
Vegetation shall be sufficient to provide erosion and stabilization protection.
2. It shall be the responsibility of the applicant to submit, consistent with the findings of
the geotechnical report, structural plans which were prepared and stamped by a
structural engineer. The plans and specifications shall be accompanied by a letter
from the geotechnical engineer who prepared the geotechnical report stating that in
his/her judgment, the plans and specifications conform to the recommendations in the
geotechnical report; the risk of damage to the proposed development site from soil
instability will be minimal subject to the conditions set forth in the report; and the
proposed development will not increase the potential for soil movement.
3. Further recommendations signed and sealed by the geotechnical engineer shall be
provided should there be additions or exceptions to the original recommendations
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based on the plans, site conditions or other supporting data. If the geotechnical
engineer who reviews the plans and specifications is not the same engineer who
prepared the geotechnical report, the new engineer shall, in a letter to the City
accompanying the plans and specifications, express his or her agreement or
disagreement with the recommendations in the geotechnical report and state that the
plans and specifications conform to his or her recommendations.
4. The architect or structural engineer shall submit to the City, with the plans and
specifications, a letter or notation on the design drawings at the time of permit
application stating that he or she has reviewed the geotechnical report, understands its
recommendations, has explained or has had explained to the owner the risks of loss
due to slides on the site, and has incorporated into the design the recommendations of
the report and established measures to reduce the potential risk of injury or damage
that might be caused by any earth movement predicted in the report.
5. The owner shall execute a Sensitive Areas Covenant and Hold Harmless Agreement
running with the land, on a form provided by the City. The City will file the
completed covenant with the King County Department of Records and Elections at
the expense of the applicant or owner. A copy of the recorded covenant will be
forwarded to the owner.
6. Whenever the City determines that the public interest would not be served by the
issuance of a permit in an area of potential geologic instability without assurance of a
means of providing for restoration of areas disturbed by, and repair of property
damage caused by, slides arising out of or occurring during construction, the Director
may require assurance devices.
7. Where recommended by the geotechnical report, the applicant shall retain a
geotechnical engineer (preferably retain the geotechnical engineer who prepared the
final geotechnical recommendations and reviewed the plans and specifications) to
monitor the site during construction... If a different geotechnical engineer is retained,
the new geotechnical engineer shall submit a letter to the City stating whether or not
he /she agrees with the opinions and recommendations of the original study. Further
recommendations, signed and sealed by the geotechnical engineer, and supporting
data shall be provided should there be exceptions to the original recommendations.
8. During construction the geotechnical engineer shall monitor compliance with the
recommendations in the geotechnical report, particularly site excavation, shoring, soil
support for foundations including piles, subdrainage installations, soil compaction
and any other geotechnical aspects of the construction. Unless otherwise approved by
the City, the specific recommendations contained in the soils report must be
implemented. The geotechnical engineer shall provide to the City written, dated
monitoring reports on the progress of the construction at such timely intervals as shall
be specified. Omissions or deviations from the approved plans and specifications
shall be immediately reported to the City. The final construction monitoring report
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shall contain a statement from the geotechnical engineer that, based upon his or her
professional opinion, site observations and testing during the monitoring of the
construction, the completed development substantially complies with the
recommendations in the geotechnical report and with all geotechnical- related permit
requirements. Occupancy of the project will not be approved until the report has been
reviewed and accepted by the Director.
9. Substantial weight shall be given to ensuring continued slope stability and the
resulting public health, safety and welfare in determining whether a development
should be allowed.
10. The City may impose conditions that address site -work problems which could
include, but are not limited to, limiting all excavation and drainage installation to the
dry season, or sequencing activities such as installing erosion control and drainage
systems well in advance of construction. A permit will be denied if it is determined
by the Director that the development will increase the potential of soil movement that
results in an unacceptable risk of damage to the proposed development, its site or
adjacent properties.
10.11 Sensitive Areas Permitted Uses and Alterations.
A. General Sensitive Areas Permitted Uses
1. All uses permitted in the Shoreline Jurisdiction Buffers are allowed in sensitive areas
buffers within the jurisdiction except:
a. Promenades
b. Recreational structures
c. Public pedestrian bridges
d. Vehicle bridges
e. New utilities
f. Plaza connectors
g. Water dependent uses and their structures
h. Essential streets, roads and rights of way
i. Essential public facilities
j. Outdoor storage
2. In addition, the following uses are allowed:
a. Maintenance activities of existing landscaping and gardens in a sensitive area
buffer including but not limited to mowing lawns, weeding, harvesting and
replanting of garden crops and pruning and planting of vegetation. The
removal of established native trees and shrubs is not permitted. Herbicide use
in sensitive areas or their buffers is not allowed without written permission of
the City.
b. Vegetation maintenance as part of sensitive area enhancement, creation or
restoration. Herbicide use in sensitive areas or their buffers is not allowed
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without written permission of the City.
B. Conditional Uses
Dredging, where necessary to remediate contaminated sediments, if adverse impacts are
mitigated.
C. Wetland Alterations.
Alterations to wetlands are discouraged, are limited to the minimum necessary for project
feasibility, and must have an approved mitigation plan developed in accordance with the
standards in this chapter.
1. Mitigation for wetlands shall follow the mitigation sequencing steps in this chapter
and may include the following types of actions:
a. Creation the manipulation of the physical, chemical or biological
characteristics to develop a wetland on an upland or deepwater site, where a
biological wetland did not previously exist;
b. Re- establishment the manipulation of the physical, chemical or biological
characteristics of a site with the goal of restoring wetland functions to a
former wetland, resulting in a net increase in wetland acres and functions;
c. Rehabilitation the manipulation of the physical, chemical, or biological
characteristics with the goal of repairing historic functions and processes of a
degraded wetland, resulting in a gain in wetland function but not acreage;
d. Enhancement the manipulation of the physical, chemical or biological
characteristics to heighten, intensify, or improve specific functions (such as
vegetation) or to change the growth stage or composition of the vegetation
present, resulting in a change in wetland functions but not in a gain in wetland
acreage; or
e. A combination of the three types.
2. Allowed alterations per wetland type and mitigation ratios are as follows:
a. Alterations are not permitted to Category I wetlands unless specifically
exempted under the provisions of this Program. Mitigation will still be
required at a rate of 4:1 for creation or re- establishment, 8:1 for rehabilitation,
and 16:1 for enhancement.
b. Alterations are not permitted to Category II wetlands unless specifically
exempted under the provisions of this Program. Mitigation will still be
required at a rate of 3:1 for creation or re- establishment, 6:1 for rehabilitation,
and 12:1 for enhancement.
c. Alterations to Category III wetlands are prohibited except where the location
or configuration of the wetland provides practical difficulties that can be
resolved by modifying up to .10 (one- tenth) of an acre of wetland. Mitigation
for any alteration to a Category III wetland must be located contiguous to the
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altered wetland. Mitigation for any alteration to a Category III wetland must
be provided at a ratio of 2:1 for creation or re- establishment, 4:1 for
rehabilitation and 8:1 for enhancement alone.
d... Alterations to Category IV wetlands are allowed, where unavoidable and
adequate mitigation is carried out in accordance with the standards of this
section. Mitigation for alteration to a Category IV wetland will be 1.5:1 for
creation or re- establishment and 3:1 for rehabilitation of and 6:1 for
enhancement.
e. Isolated wetlands formed on fill material in highly disturbed environmental
conditions and assessed as having low overall wetland functions (scoring
below 20 points) may be altered and/or relocated with the permission of the
Director. These wetlands may include artificial hydrology or wetlands
unintentionally created as the result of construction activities. The
determination that a wetland is isolated is made by the U.S. Army Corps of
Engineers.
D. Watercourse Alterations
All impacts to a watercourse that degrade the functions and values of the watercourse shall be
avoided. If alternation to the watercourse is unavoidable, all adverse impacts shall be mitigated
in accordance with the approved mitigation plan as described in this chapter. Mitigation shall
take place on -site or as close as possible to the impact location, and compensation shall be at a
minimuml:I ratio. Any mitigation shall result in improved watercourse functions over existing
conditions.
1. Diverting or rerouting may only occur with the permission of the Director and an
approved mitigation plan as well as all necessary approvals by state agencies. Any
watercourse that has critical wildlife habitat or is necessary for the life cycle or
spawning of salmonids, shall not be rerouted, unless it can be shown that the habitat
will be improved for the benefit of the species. A watercourse may be rerouted or
day- lighted as a mitigation measure to improve watercourse function.
2. Piping of any watercourse should be avoided. Relocation of a watercourse is
preferred to piping; if piping occurs in a watercourse sensitive area, it shall be limited
and shall require approval of the Director. Piping of Type 1 watercourses shall not be
permitted. Piping may be allowed in Type 2, 3 or 4 watercourses if it is necessary for
access purposes. Piping may be allowed in Type 4 watercourses if the watercourse
has a degraded buffer, is located in a highly developed area and does not provide
shade, temperature control etc. for habitat. The applicant must comply with the
conditions of this section, including: providing excess capacity to meet needs of the
system during a 100 -year flood event; and providing flow restrictors, and complying
with water quality and existing habitat enhancement procedures.
3. No process that requires maintenance on a regular basis will be acceptable unless this
maintenance process is part of the regular and normal facilities maintenance process
or unless the applicant can show funding for this maintenance is ensured for as long
as the use remains.
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4. Piping projects shall be performed pursuant to the following applicable standards:
a. The conveyance system shall be designed to comply with the standards in
current use and recommended by the Department of Public Works.
b. Where allowed, piping shall be limited to the shortest length possible as
determined by the Director to allow access onto a property.
c. Where water is piped for an access point, those driveways or entrances shall
be consolidated to serve multiple properties where possible, and to minimize
the length of piping.
d. When required by the Director, watercourses under drivable surfaces shall be
contained in an arch culvert using oversize or super span culverts for
rebuilding of a streambed. These shall be provided with check dams to reduce
flows, and shall be replanted and enhanced according to a plan approved by
the Director.
e. All watercourse crossing shall be designed to accommodate fish passage.
Watercourse crossings shall not block fish passage where the streams are fish
bearing.
f. Storm water runoff shall be detained and infiltrated to preserve the
watercourse channel's dominant discharge.
g. All construction shall be designed to have the least adverse impact on the
watercourse, buffer and surrounding environment.
h. Piping shall be constructed during periods of low flow, or as allowed by the
State Department of Fish and Wildlife.
i. Water quality must be as good or better for any water exiting the pipe as for
the water entering the pipe, and flow must be comparable.
E. Fish and Wildlife Conservation Area Alterations
Alterations to the Green/Duwamish River are regulated by the shoreline provisions of this SMP.
Alterations to Fish and Wildlife Conservation Areas that have been created as restoration or
habitat enhancement sites and that are shown on the Sensitive Areas in the Shoreline Jurisdiction
Map are prohibited and may only be authorized through a shoreline variance procedure.
10.12 Sensitive Areas Mitigation
Mitigation shall be required for any proposals for dredging, filling, piping, diverting, relocation
or other alterations of sensitive areas in as allowed in this chapter and in accordance with
mitigation sequencing and the established mitigation ratios. The mitigation plan shall be
developed as part of a sensitive area study by a qualified specialist.
A. Mitigation Sequencing.
Applicants shall demonstrate that reasonable efforts have been examined with the intent to avoid
and minimize impacts to sensitive areas and buffers. When an alteration to a sensitive area or its
required buffer is proposed, such alteration shall be avoided, minimized or compensated for in
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the following order of preference:
1. Avoidance of sensitive area and buffer impacts, whether by finding another site or
changing the location of the proposed activity on -site;
2. Minimizing sensitive area and buffer impacts by limiting the degree of impact on site;
3. Mitigation actions that require compensation by replacing, enhancing, or substitution.
B. Criteria for Approval of Alterations and Mitigation
Alterations and mitigation plans are subject to Director approval, and may be approved only if
the following findings are made:
1. The alteration will not adversely affect water quality;
2. The alteration will not adversely affect fish, wildlife, or their habitat;
3. The alteration will not have an adverse effect on drainage and/or stormwater
detention capabilities;
4. The alteration will not lead to unstable earth conditions or create an erosion hazard or
contribute to scouring actions;
5. The alteration will not be materially detrimental to any other property; and
6. The alteration will not have adverse effects on any other sensitive areas or the
shoreline.
7. The mitigation will result in improved functions such as water quality, erosion
control, wildlife and fish habitat.
C. Mitigation Location
1. On -site mitigation shall be provided, except where it can be demonstrated that:
a. On -site mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors; or
b. Mitigation is not practical due to potentially adverse impacts from
surrounding land uses; or
c. Existing functional values created at the site of the proposed restoration are
significantly greater than lost sensitive area functions; or
d. Established regional goals for flood storage, flood conveyance, habitat or
other sensitive area functions have been established and strongly justify
location of mitigation at another site.
2. Off -site mitigation shall occur within the shoreline jurisdiction in a location where the
sensitive area functions can be restored. Buffer impacts must be mitigated at or as
close as possible to the location of the impact.
3. Wetland creation, relocation of a watercourse, or creation of a new fish and wildlife
habitat shall not result in the new sensitive area or buffer extending beyond the
development site and onto adjacent property without the agreement of the affected
property owners, unless otherwise exempted by this Shoreline Master Program.
D. Mitigation Plan Content and Standards
The scope and content of a mitigation plan shall be decided on a case -by -case basis. As the
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impacts to the sensitive area increase, the mitigation measures to offset these impacts will
increase in number and complexity. The minimum components of a complete mitigation plan are
listed below. For wetland mitigation plans, the format should follow that established in Wetland
Mitigation in Washington State, Part 2 Developing Mitigation Plans (Washington Department
of Ecology, Corps of Engineers, EPA, March 2006, as amended).
1. Baseline information of quantitative data collection or a review and synthesis of
existing data for both the project impact zone and the proposed mitigation site.
2. Environmental goals and objectives that describe the purposes of the mitigation
measures. This should include a description of site selection criteria, identification of
target evaluation species, and resource functions.
3. Performance standards for the specific criteria for fulfilling environmental goals, and
for beginning remedial action or contingency measures. They may include water
quality standards, species richness and diversity targets, habitat diversity indices, or
other ecological, geological or hydrological criteria. The following shall be
considered the minimum performance standards for approved sensitive area
alterations:
a. Sensitive area functions and improved habitat for fish and wildlife are
improved over those of the original conditions.
b. Hydrologic conditions, hydroperiods and watercourse channels are improved
over existing conditions and the specific performance standards specified in
the approved mitigation plan are achieved.
e. Acreage requirements for enhancement or creation are met.
f. Vegetation native to the Pacific Northwest is installed and vegetation survival
and coverage standards over time are met and maintained.
g. Buffer and bank conditions and functions exceed the original state.
h. Stream channel habitat and dimensions are maintained or improved such that
the fisheries habitat functions of the compensatory stream reach meet or
exceed that of the original stream.
4. A detailed construction plan of the written specifications and descriptions of
mitigation techniques. This plan should include the proposed construction sequence
and construction management, and be accompanied by detailed site diagrams and
blueprints that are an integral requirement of any development proposal.
5. Monitoring and/or evaluation program that outlines the approach and frequency for
assessing progress of the completed project. An outline shall be included that spells
out how the monitoring data will be evaluated and reported.
6. Maintenance plan that outlines the activities and frequency of maintenance to ensure
compliance with performance standards.
7. Contingency plan identifying potential courses of action and any corrective measures
to be taken when monitoring or evaluation indicates project performance standards
have not been met.
8. Performance security or other assurance devices.
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1. Mitigation projects shall be completed prior to activities that will permanently disturb
sensitive areas or their buffers and either prior to or immediately after activities that
will temporarily disturb sensitive areas.
2. Construction of mitigation projects shall be timed to reduce impacts to existing
wildlife, flora and water quality, and shall be completed prior to use or occupancy of
the activity or development. The Director may allow activities that permanently
disturb wetlands or watercourses prior to implementation of the mitigation plan under
the following circumstances:
a. To allow planting or re- vegetation to occur during optimal weather conditions;
b. To avoid disturbance during critical wildlife periods; or
c. To account for unique site constraints that dictate construction timing or
phasing.
3. Monitoring of buffer alterations shall be required for three to five years. All other
alterations shall be monitored for a minimum of five years.
F. Corrective Actions and Monitoring
The Director shall require subsequent corrective actions and long -term monitoring of the project
if adverse impacts to regulated sensitive areas or their buffers are identified.
G. Recording
The property owner receiving approval of a use or development pursuant to the Shoreline Master
Program shall record the City- approved site plan clearly delineating the sensitive area and its
buffer with the King County Division of Records and Elections. The face of the site plan must
include a statement that the provisions of this Chapter, as of the effective date of the ordinance
from which the Shoreline Management Program derives or thereafter amended, control use and
development of the subject property, and provide for any responsibility of the latent defects or
deficiencies.
H. Assurance Device
1. The Director may require a letter of credit or other security device acceptable to the
City, to guarantee performance and maintenance requirements. All assurances shall
be on a form approved by the City Attorney.
2. When alteration of a sensitive area is approved, the Director may require an assurance
device, on a form approved by the City Attorney, to cover the monitoring costs and
correction of possible deficiencies for the term of the approved monitoring and
maintenance program.
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3. The assurance device shall be released by the Director upon receipt of written
confirmation submitted to the Department from the applicant's qualified professional
that the mitigation or restoration has met its performance standards and is
successfully established. Should the mitigation or restoration meet performance
standards and be successfully established in the third or fourth year of monitoring, the
City may release the assurance device early. The assurance device may be held for a
longer period, if at the end of the monitoring period, the performance standards have
not been met or the mitigation has not been successfully established.
4. Release of the security does not absolve the property owner of responsibility for
maintenance or correcting latent defects or deficiencies or other duties under law.
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11. PUBLIC ACCESS TO THE SHORELINE
Public access to the shorelines of the state is one of the key goals of the Shoreline Management
Act of the seven uses identified in RCW 90.58.020 as having preference in the shoreline, two
relate to public access and recreational opportunities along the shoreline.
The City of Tukwila is fortunate to have a number of public access sites already along the
Green/Duwamish River in addition to the Green River Trail, which runs along almost the entire
length of the river through the City. Other public access points are available at the North Winds
Wier, the Tukwila Community Center, Codiga Park, Bicentennial Park at Strander Boulevard
and parking available on Christianson Road and at S. 180 Street. A future habitat restoration
project is planned at Duwamish Riverbend Hill, on South 115 Street, which will also include
public access to the river. The Public Access Map (Map 6) identifies several street ends that
could be improved or to which amenities could be added that would offer opportunities for
neighborhood access to the river and /or the Green River Trail.
The Shoreline Public Access Map identifies several potential trail sites on the river to
supplement the existing Green River trail system. The largest stretch of potential trail runs from
S. 180 on the left bank to the end of south annexation area. A pedestrian bridge to link the area
south of S. 180 Street to the existing trail on the right bank is being discussed as well. A
second area where improvement is needed in public access relates to boat launches for small
hand launched boats. Several potential sites have been identified in the Tukwila Parks
Department Capital Improvement Program to address this at City -owned sites.
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11.1 App licability_
A. Public access to or along the shoreline as described in Section 11 shall be provided on all
property that abuts the Green/Duwamish River shoreline in accordance with this section as
further discussed below where any of the following conditions are present.
Where a development or use will create increased demand for public access to the
shoreline, the development or use shall provide public access to mitigate this impact.
2. Where a development or use will interfere with an existing public access way, the
development or use shall provide public access to mitigate this impact. Impacts to
public access may include blocking access or discouraging use of existing on -site or
nearby accesses.
3. Where a use or development will interfere with a public use of lands or waters subject
to the public trust doctrine, the development shall provide public access to mitigate
this impact.
4. Where the development is proposed by a public entity or on public lands.
5. Where identified on the Shoreline Public Access Map.
6. Where a land division of five or greater lots, or a residential project of five or greater
residential units is proposed.
For the purposes of this section, an "increase in demand for public access" is determined by
evaluating whether the development reflects an increase in the land use intensity, for example
converting a warehouse to office or retail use, or a significant increase in the square footage
of an existing building. A significant increase is defined as an increase of 3,000 square feet.
The extent of public access required will be proportional to the amount of increase in the
demand for public access. For smaller projects, the Director will review the intent of this
section and the scope of the project to determine a reasonable amount of public access to be
carried out. Depending on the amount of increase, the project may utilize the alternative
provisions for meeting public access in Section 11.6.C.
The terms and conditions of Section 11.1 and 11.2 shall be deemed satisfied if the applicant and
the City agree upon a master trail plan providing for public paths and trails within a parcel or
group of parcels.
B. The provisions of this section do not apply to the following:
1. Short plats of four or fewer lots;
2. Where providing such access would cause unavoidable health or safety hazards;
3. Where providing such access would create inherent and unavoidable security
problems; or
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4. Where providing such access would cause significant ecological impacts that cannot
be mitigated.
For items 2 -4 above, to qualify for an exemption, the procedures in 11.6 must be met.
11.2 General Standards
A. To improve public access to the Green/Duwamish River, sites shall be designed to provide:
1. Safe, visible and accessible pedestrian and non motorized vehicle connections
between proposed development and the river's edge particularly when the site is
adjacent to the Green River Trail or other approved trail system; and
2. Public pathway entrances that are clearly visible from the street edge; and
3. Clearly identified pathways that are separate from vehicular circulation areas. This
may be accomplished through the use of special paving materials such as precast
pavers, bomonite, changes in color or distinct and detailed scoring patterns and
textures.
4. Site elements that are organized to clearly distinguish between public and private
access and circulation systems.
B. Required public access shall be fully developed and available for public use at the time of
occupancy in accordance with development permit conditions except where the decision maker
determines an appropriate mechanism for delayed public access implementation is necessary for
practical reasons. Where appropriate, a bond or cash assignment may be approved, on review
and approval by the Director of Community Development, to extend this requirement for 90 days
from the date the Certificate of Occupancy is issued.
C. Public access easements and related permit conditions shall be recorded on the deed of title
or the face of the plat, short plat or approved site plan as a condition tied to the use of the land.
Recording with the County shall occur prior to the issuance of an Occupancy Permit or final plat
approval. Upon redevelopment of such a site, the easement may be relocated to facilitate the
continued public access to the shoreline.
D. Approved signs indicating the public's right of access and hours of access, if restricted, shall
be constructed, installed and maintained by the applicant in conspicuous locations at public
access sites. Signs should be designed to distinguish between public and private areas. Signs
controlling or restricting public access may be approved as a condition of permit approval.
E. Required access must be maintained throughout the life of the project.
F. Public access features shall be separated from residential uses through the use of setbacks,
low walls, berms, landscaping, or other device of a scale and materials appropriate to the site.
G Shared public access between developments is encouraged. Where access is to be shared
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between adjacent developments, the minimum width for the individual access easement may be
reduced; provided that the total width of easements contributed by each adjacent development
equals a width that complies with Fire Department requirements and /or exceeds the minimum for
an individual access.
H. Public access sites shall be connected directly to the nearest public area (e.g., street, public
park, or adjoining public access easement). Where connections are not currently possible, the site
shall be designed to accommodate logical future connections.
11.3 Requirements for Shoreline Trails
A. Development on Properties Abutting Existing Green River Trail
Development on properties abutting the existing trail shall upgrade the trail along the property
frontage to meet the standards of a 14 foot wide trail with 2 foot shoulders on each side.
B. Development on Properties Where New Trails are Planned
An 18 -foot wide trail easement dedicated to the City for public access along the river shall be
provided in areas identified for new shoreline trail segments (Shoreline Public Access Map,
Map 6).
11.4 Publicly -Owned Shorelines
A. Shoreline development by any public entities, including but not limited to the City of
Tukwila, King County, port districts, state agencies, or public utility districts, shall include
public access measures as part of each development project, unless such access is shown to be
incompatible due to reasons of safety, security, impact to the shoreline environment or other
provisions listed in this section.
B. The following requirements apply to street ends and City -owned property adjacent to the
River, as shown in Public Access Map, Map 6.
1. Public right -of -way and "road- ends," or portions thereof, shall not be vacated and
shall be maintained for future public access.
2. Unimproved right -of -ways and portions of right -of -ways, such as street ends and
turn -outs, shall be dedicated to public access uses until such time as the portion
becomes improved right -of -way. Uses shall be limited to passive outdoor recreation,
car top boat launching, fishing, interpretive /educational uses, and/or parking, which
accommodates these uses, and shall be designed so as to not interfere with the
privacy of adjacent residential uses.
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3. City -owned facilities within the Shoreline Jurisdiction shall provide new trails and
trail connections to the Green River Trail in accordance with approved plans and this
SMP.
4. All City -owned recreational facilities within the shoreline jurisdiction, unless
qualifying for an exemption as specified in this Chapter, shall make adequate
provisions for
a. Non motorized and pedestrian access;
b. The prevention of trespass onto adjacent properties through landscaping,
fencing or other appropriate measures;
c. Signage indicating the public right -of -way to shoreline areas; and
d. Mechanisms to prevent environmental degradation of the shoreline from
public use.
11.5 Public Access Incentives
This section provides allowances for increased maximum height limits for buildings in shoreline
jurisdiction when certain public access provisions are provided with shoreline development.
Prior to approval of any building greater than 35 feet in height within shoreline jurisdiction, the
development proponent must demonstrate that the proposed building will not block the views of
a substantial number of residences.
A. The minimum yard setback for buildings, uses, utilities or development from non- riverfront
lot lines may be reduced as follows:
1. Where development provides a public access corridor between off -site areas, or
public shoreline areas to public shoreline areas, one side yard may be reduced to a
zero lot line placement; or
2. Where development provides additional public access area(s) equal in area to at least
2.5% of total building area, the front yard (the landward side of the development)
may be reduced by 50 percent.
B. The maximum height for structures may be increased by 15% when:
1. Development devotes at least 5% of its building or land area to public shoreline
access; or
2. Development devotes at least 10% of its land area to employee shoreline access.
C. The maximum height for structures may be increased by a maximum of 25% when:
1. One of the criteria under 11.5 B. is met; and
2. The applicant restores or enhances the entire shoreline buffer, including but not
limited to paved areas no longer in use on the property to offset the impact of the
increase in height. Buffer restoration/enhancement projects undertaken to meet the
requirements at 11.6 C. are not eligible for this incentive.
3. No combination of incentives from 11.5 B, 11.5 C or 9.3 C may be used to gain more
than a 25% height increase.
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D. The maximum height for structures may be increased for properties that construct a 14' wide
paved trail with a two -foot wide shoulder on each side for public access along the river in areas
identified for new shoreline trail segments, or where, in the case of properties containing or
abutting existing public access trails, the existing trail either meets the standard of a 14 foot wide
trail with two foot shoulders on either side or the property owner provides any necessary
easements and improvements to upgrade the existing trail to that standard along the property
frontage. During the project review, the increased height shall be affirmatively demonstrated to:
1. Not block the views of a sign ifieai4 substantial number of residences,
2. Not cause environmental impacts such as, but not limited to, shading of the river
buffer or light impacts adversely affecting the river corridor, and
3. Achieve no net loss of ecological function. In no case shall the building height be
greater than 115 feet pursuant to this provision.
11.6 Exemptions from Provision of On -Site Public Access
A. Requirements for providing on -site general public access, as distinguished from employee
access, will not apply if the applicant can demonstrate one or more of the following:
1. Unavoidable health or safety hazards to the public exist related to the primary use that
cannot be prevented by any practical means;
2. Inherent security requirements of the use cannot be satisfied through the application
of alternative design features or other solutions;
3. The cost of providing the access, easement or other public amenity on or off the
development site is unreasonably disproportionate to the total long -term cost of the
proposed development.
4. Unavoidable environmental harm or net loss of shoreline ecological functions that
cannot be adequately mitigated will result from the public access.
5. Access is not feasible due to the configuration of existing parcels and structures, such
that access areas are blocked in a way that cannot be remedied reasonably by the
proposed development.
6. Significant undue and unavoidable conflict between the proposed access and adjacent
uses would occur and cannot be mitigated.
7. Space is needed for water dependent uses or navigation.
B. In order to meet any of the above referenced conditions, the applicant must first demonstrate,
and the City determine in its findings that all reasonable alternatives have been exhausted,
including but not limited to:
1. Regulating access by such means as maintaining a gate and/or limiting hours of use;
2. Designing separation of uses and activities through fencing, terracing, hedges or other
design features; or
3. Providing access on a site geographically separate from the proposal such as a street
end cannot be accomplished.
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C. If the above conditions are demonstrated, and the proposed development is not subject to the
Parks Impact Fee, alternative provisions for meeting public access are required and include:
1. Development of public access at an adjacent street end;
2. Protection through easement or setbacks of landmarks, unique natural features or
other areas valuable for their interpretive potential
3. Contribution of materials and /or labor, toward shoreline projects identified in the
Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City
adopted plan; or
4. At the Director's discretion, the applicant may provide restoration/enhancement of
the shoreline jurisdiction to a scale commensurate with the foregone public access in
lieu of public access.
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12. SHORELINE DESIGN GUIDELINES
The Green/Duwamish River is an amenity that should be valued and celebrated when designing
projects that will be located along its length. If any portion of a project falls within the shoreline
jurisdiction, then the entire project will be reviewed under these guidelines as well as the relevant
sections of the Design Review Chapter of the Zoning Code (TMC 18.60). The standards of
TMC Chapter 18.60 shall guide the type of review, whether administrative or by the Board of
Architectural Review.
The following standards apply to development, uses and activities in the Urban Conservancy and
High Intensity Environments and non residential development in the Shoreline Residential
Environment.
12.1 Relationship of Structure to Site
Development within the shoreline jurisdiction shall demonstrate compliance with the following:
A. Respect and reflect the shape of the shoreline;
B. Orient building elements to site such that public river access, both visual and physical is
enhanced;
C. Orient buildings to allow for casual observation of pedestrian and trail activity from interior
spaces;
D. Site and orient buildings to provide maximum views from building interiors toward the river
and the shoreline;
E. Orient public use areas and private amenities to the river;
F. Clearly allocate spaces, accommodating parking, vehicular circulation and buildings to
preserve existing stands of vegetation or trees so that natural areas can be set aside,
improved, or integrated into site organization and planning;
G. Clearly define and separate public from non public spaces with the use of paving, signage,
and landscaping.
12.2 Building Design
Development within the shoreline jurisdiction shall demonstrate compliance with the following:
A. To prevent building mass and shape from overwhelming the desired human scale along the
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river, development shall avoid blank walls on the public and river sides of buildings.
B. Buildings should be designed to follow the curve of the river and respond to changes in
topography; buildings must not "turn their back" to the river.
C. Design common areas in buildings to take advantage of shoreline views and access;
incorporate outdoor seating areas that are compatible with shoreline access.
D. Consider the height and scale of each building in relation to the site.
E. Extend site features such as plazas that allow pedestrian access and enjoyment of the river to
the landward side of the buffer's edge.
F. Locate lunchrooms and other common areas to open out onto the water -ward side of the site
to maximize enjoyment of the River.
G. Design structures to take advantage of the river frontage location by incorporating features
such as:
1. plazas and landscaped open space that connect with a shoreline trail system;
2. windows that offer views of the river; or
3. pedestrian entrances that face the river.
H. View obscuring fencing is permitted only when necessary for documentable use
requirements and must be designed with landscaping per the Vegetation Protection and
Landscaping Section. Other fencing, when allowed, must be designed to complement the
proposed and/or existing development materials and design; and
I. Where there are public trails, locate any fencing between the site and the landward side of the
shoreline trail.
12.3 Design of Public Access
Development within the shoreline jurisdiction shall demonstrate compliance with the following:
A. Public access shall be barrier free, where feasible, and designed consistent with the
Americans with Disabilities Act.
B. Public access landscape design shall use native vegetation, in accordance with the standards
in the Vegetation Protection and Landscaping Section. Additional landscape features may be
required where desirable to provide public /private space separation and screening of utility,
service and parking areas.
C. Furniture used in public access areas shall be appropriate for the proposed level of
development, and the character of the surrounding area. For example, large urban projects should
provide formal benches; for smaller projects in less developed areas, simpler, less formal
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benches or suitable alternatives are appropriate.
D. Materials used in public access furniture, structures or sites shall be:
1. Durable and capable of withstanding exposure to the elements;
2. Environmentally friendly and take advantage of technology in building materials,
lighting, paved surfaces, porous pavement, etc, wherever practical; and
3. Consistent with the character of the shoreline and the anticipated use.
E. Public- Private Separation
1. Public access facilities shall look and feel welcoming to the public, and not appear as
an intrusion into private property.
2. Natural elements such as logs, grass, shrubs, and elevation separations are encouraged
as means to define the separation between public and private space.
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13. SHORELINE RESTORATION
The Shoreline Restoration Plan, found in Appendix B, identifies the sites that have been
identified to -date as possible locations for habitat restoration along the Green/Duwamish River.
The City will continue to add sites to the Restoration Plan as they are identified and will include
them in the City's Capital Improvement Program for acquisition and improvement. Project sites
in the Transition Zone have the highest priority for acquisition. Amendments or revisions to the
Restoration Plan do not require an amendment to the Shoreline Master Program.
13.1 Shoreline Substantial Development Permit Not Required
Shoreline restoration projects shall be allowed without a Shoreline Substantial Development
Permit when these projects meet the criteria established by WAC 173- 27- 040(o) and (p) and
RCW 90.58.580.
13.2 Changes in Shoreline Jurisdiction due to Restoration
Relief may be granted from shoreline master program standards and use regulations in cases
where shoreline restoration projects result in a change in the location of the OHWM and
associated shoreline jurisdiction on the subject property and/or adjacent properties and where
application of shoreline master program regulations would preclude or interfere with the uses
permitted by the underlying zoning, thus presenting a hardship to the project proponent.
A. Applications for relief, as specified on subsection B below must meet the following
criteria:
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1. The proposed relief is the minimum necessary to relieve the hardship;
2. After granting the proposed relief, there is net environmental benefit from the
restoration project; and
3. Granting the proposed relief is consistent with the objectives of the shoreline
restoration project and with the shoreline master program.
Where a shoreline restoration project is created as mitigation to obtain a development
permit, the project proponent required to perform the mitigation is not eligible for relief
under the provisions of this section.
The Department of Ecology must review and approve applications for relief.
B. For the portion of property that moves from outside shoreline jurisdiction to inside
shoreline jurisdiction as a result of the shoreline restoration project the City may consider
the following, consistent with the criteria in A above:
1. permitting development for the full range of uses of the underlying zoning
consistent with the zoning code, including uses that are not water oriented;
2. waiving the requirement to obtain a shoreline substantial development permit if it
is otherwise exempt from the requirement for a substantial development permit;
3. waiving the SMP provisions for public access;
4. waiving the requirement for shoreline design review; and
5. waiving the development standards set forth in this Program, except as set forth
in Section 13.2 C.
The intent of the exemptions identified in A 1 -4 is to implement the restoration projects of the
Shoreline Master Program Restoration Plan, which reflect the projects identified in the Water
Resource Inventory (WRIA) 9 Plan pursuant to Policy 5.2 of this Master Program. Projects will
continue to be added to the Restoration Plan as they are identified.
C. Consistent with the provisions of subsection A. above, the Shoreline Residential
Environment Buffer, High Intensity or Urban Conservancy Environment Buffer width may be
reduced to no less than 25 feet measured from the new location of the OHWM for the portion of
the property that moves from outside the shoreline jurisdiction to inside shoreline jurisdiction as
a result of the shoreline restoration project, subject to the following standards:
1. The 25 foot buffer area must be vegetated according to the requirements of the
Vegetation Protection and Landscaping Section or as otherwise approved by the City;
and
2. The proponents of the restoration project are responsible for the installation and
maintenance of the vegetation.
D. The habitat restoration project proponents must record with King County a survey that
identifies the location of the OHWM location prior to implementation of the shoreline restoration
project, any properties and structures that fall within the shoreline jurisdiction and the new
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location of the OHWM once construction of the shoreline restoration project is completed and
any properties that are brought under shoreline jurisdiction due to the restoration project. As the
location of the OHWM is not static, it may be necessary for future projects to re- survey the
location of the OHWM.
E. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and Washington
State Department of Fish and Wildlife approvals as well as written approval from the City.
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14. ADMINISTRATION
The Administrative procedures below are designed to:
Assign responsibilities for implementation of the Master Program and Shoreline
Permit
Establish an orderly process by which to review proposals and permit applications
Ensure that all persons affected by this Master Program are treated in a fair and
equitable manner.
14.1 Applicability of Shoreline Master Program and Substantial Development Permit
A. Development in the Shoreline Jurisdiction
Based on guidelines in the Shoreline Management Act for a minimum shoreline jurisdiction,
Tukwila's Shoreline Jurisdiction is defined as follows:
The Tukwila Shoreline Jurisdiction includes the channel of the
Green /Duwamish River, its banks, the upland area which extends from the
ordinary high water mark landward for 200 feet on each side of the river,
floodways and all associated wetlands within its floodplain. The floodway
shall not include those lands that have historically been protected by flood
control devices and therefore have not been subject to flooding with
reasonable regularity.
B. Applicability
The Tukwila Shoreline Master Program applies to uses, change of uses, activities or
development that occurs within the above defined Shoreline jurisdiction. All proposed uses and
development occurring within the shoreline jurisdiction must conform to chapter 90.58 RCW, the
Shoreline Management Act and this master program whether or not a permit is required.
14.2 Substantial Development Permit Requirements
A. Permit Application Procedures
Applicants for a Shoreline Substantial Development Permit shall comply with permit application
procedures.
B. Exemptions
1. To qualify for an exemption, the proposed use, activity or development must meet the
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requirements for an exemption as described in WAC 173 -27 -040, except for
properties that meet the requirements of the Shoreline Restoration Section. The
purpose of a shoreline exemption is to provide a process for uses and activities which
do not trigger the need for a substantial development permit, but require compliance
with all provisions of the City's SMP.
2. The Director may impose conditions to the approval of exempted developments and
or uses as necessary to assure compliance of the project with the SMA and the
Tukwila SMP, per WAC 173- 27- 040(e). For example, in the case of development
subject to a building permit, but exempt from the shoreline permit process, the
Building Official or other permit authorizing official, through consultation with the
Director, may attach shoreline management terms and conditions to Building Permits
and other permit approvals pursuant to RCW 90.58.140.
C. A substantial development permit shall be granted only when the development proposed is
consistent with this shoreline master program.
14.3 Shoreline Conditional Use Permit
A. Purpose
As stated in WAC 173 -27 -160, the purpose of a Conditional Use Permit (CUP) is to
allow greater flexibility in the application of use regulations of the Shoreline Master
Program in a manner consistent with the policies of RCW 90.58.020. In authorizing a
conditional use, special conditions may be attached to the permit by the City or the
Department of Ecology to prevent undesirable effects of the proposed use and /or assure
consistency of the project with the SMA and the City's SMP. Uses which are specifically
prohibited by the Shoreline Master Program may not be authorized with approval of a
CUP.
B. Application
Applicants for a Shoreline Conditional Use Permit shall comply with all current permit
application procedures.
D. Approval Criteria
1. Uses classified as conditional uses may be authorized, provided that the applicant can
demonstrate all of the following:
a. That the proposed use will be consistent with the policies of RCW 90.58.020
and the policies of the Tukwila Shoreline Master Program;
b. That the proposed use will not interfere with the normal public use of public
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c. That the proposed use of the site and design of the project will be compatible
with other permitted uses within the area and with uses planned for the area
under the comprehensive plan and SMP;
d. That the proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
e. That the public interest suffers no substantial detrimental effect.
2. In the granting of all conditional use permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
conditional use permits were granted to other developments in the area where similar
circumstances exist, the total of the conditional uses shall also remain consistent with
the policies of RCW 90.58 and all local ordinances and shall not produce substantial
adverse effects to the shoreline environment.
14.4 Shoreline Variance Permits
A. Purpose
The purpose of a Shoreline Variance Permit is strictly limited to granting relief from specific
bulk, dimensional, or performance standards set forth in this Master Program where there are
extraordinary or unique circumstances relating to the physical character or configuration of
property such that the strict implementation of the Master Program will impose unnecessary
hardships on the applicant or thwart the Shoreline Management Act policies as stated in RCW
90.58.020. Reasonable Use requests that are located in the shoreline must be processed as a
Variance, until such time as the Shoreline Management Act is amended to establish a process for
reasonable uses.
B. Application requirements
Applicants for a Shoreline Variance shall comply with all current permit application procedures.
C. Shoreline Variance permits should be granted in circumstances where denial of the permit
would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances the
applicant must demonstrate that extraordinary circumstances exist and the public interest will
suffer no substantial detrimental effect.
D. Approval Criteria
A Shoreline Variance Permit for a use, activity or development that will be located landward of
the ordinary high water mark and/or landward of any wetland may be authorized provided the
applicant can demonstrate all of the following:
1. That the strict application of the bulk, dimensional, or performance standards set forth
in the Master Program preclude or significantly interfere with a reasonable use of the
property not otherwise prohibited by the Master Program;
2. That the hardship described above is specifically related to the property and is the
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result of unique conditions such as irregular lot shape, size, or natural features and the
application of the Master Program, and not from the owner's own actions or deed
restrictions; and that the variance is necessary because of these conditions in order to
provide the owner with use rights and privileges permitted to other properties in the
vicinity and zone in which the property is situated;
3. That the design of the project will be compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and SMP and
will not cause adverse impacts to adjacent properties or the shoreline environment;
4. That the variance will not constitute a grant of special privilege not enjoyed by other
properties in the area;
5. That the variance is the minimum necessary to afford relief; and
6. That the public interest will suffer no substantial detrimental effect.
E. Shoreline Variance Permits Waterward of OHWM
Shoreline Variance permits for development and/or uses that will be located either
waterward of the ordinary high water mark or within any sensitive area may be
authorized only if the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance standards
set forth in this Master Program preclude all reasonable permitted use of the
property; and
b. That the proposal is consistent with the criteria established under D above;
and
c. The public rights of navigation and use of the shorelines will not be adversely
affected by the granting of the variance.
2. In the granting of all variance permits, consideration shall be given to the cumulative
impact of additional requests for like actions in the area such that the total of the
variances would remain consistent with RCW 90.58.020 and not cause substantial
adverse effects to the shoreline environment.
3. Variances from the use regulations of the master program are prohibited.
14.5 Non- conformine Development
A. Non conforming Uses
Any preexisting lawful use of land that would not be allowed under the terms of this SMP may
be continued as an allowed, legal non conforming use, so long as that use remains lawful, subject
to the following:
1. No such non conforming use shall be enlarged, intensified, increased or extended to
occupy a greater use of the land, structure or combination of the two, than was
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occupied at the effective date of adoption of this SMP;
2. No non conforming use shall be moved or extended in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of adoption or
amendment of this SMP;
3. If any such non conforming use ceases for any reason for a period of more than 24
consecutive months, any subsequent use shall conform to the regulations specified by
this SMP for the shoreline environment in which such use is located. Upon request of
the owner, prior to the end of the 24 consecutive months and upon reasonable cause
shown, the City Council may grant an extension of time beyond the 24 consecutive
months, per 14.5 C.
4. If a change of use is proposed to a use determined to be non conforming by
application of provisions in this SMP, the proposed new use must be a permitted use
in the SMP or a use approved under a Conditional Use Permit process. For purposes
of implementing this section, a change of use constitutes a change from one
Permitted, Conditional Use category to another such use category as listed within the
use matrix.
5. A structure that is being or has been used for a nonconforming use may be used for a
different nonconforming use after demonstrating the following criteria have been met:
a. No reasonable alternative conforming use is practical;
b. The proposed use will be at least as consistent with the policies and provisions
of the SMP and as compatible with the uses in the area as the preexisting use;
c. The use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
d. The structure(s) associated with the non conforming use shall not be expanded
in a manner that increases the extent of the nonconformity;
e. The change in use will not create adverse impacts to shoreline ecological
functions and/or processes;
f. The applicant restores and or /enhances the entire shoreline buffer, including
but not limited to paved areas no longer in use on the property, to offset the
impact of the change of use per the vegetation management standards of this
program. This may include the restoration of paved areas to vegetated area if
no longer in use.
The preference is to reduce exterior uses in the buffer to the maximum extent possible.
B. Non conforming Structures
Where a lawful structure exists at the effective date of adoption of the SMP that could not be
built under the terms of the SMP by reason of restrictions on height, buffers or other
characteristics of the structure, it may be continued as an allowed, legal structure so long as the
structure remains otherwise lawful subject to the following provisions:
1. Such structures may be repaired, maintained, upgraded and altered provided that (1)
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the structure may not be enlarged or altered in such a way that increases its degree of
nonconformity or increases its impacts to the functions and values of the shoreline
environment except as authorized in TMC Section 18.66.120; and (2) the cost of the
alterations may not exceed an aggregate cost of fifty percent (50 of the value of the
building or structure in any three (3) year period based upon its most recent
assessment, unless the amount over fifty percent (50 is used to make the building
or structure more conforming, or is used to restore to a safe condition any portion of a
building or structure declared unsafe by a proper authority.
2. Should such structure be destroyed by any accidental means the structure may be
reconstructed to its original dimensions and location on the lot provided application is
made for permits within twelve (12) months of the date the damage occurred and all
reconstruction is completed within two years of permit issuance. In the event that the
property is redeveloped, such redevelopment must be in conformity with the
provisions of this SMP.
3. Should such structure be moved for any reason or any distance whatsoever, it shall
thereafter conform to the regulations of this SMP after it is moved.
4. When a non conforming structure, or structure and premises in combination, is
vacated or abandoned for 24 consecutive months, the structure, or structure and
premises in combination, shall thereafter be required to be in conformance with the
regulations of the SMP. Upon request of the owner, prior to the end of the 24
consecutive months, and upon reasonable cause shown, the City Council may grant
an extension of time beyond the 24 consecutive months per 14.5 C.
5. Residential structures located in any Shoreline Residential Environment and in
existence at the time of adoption of this SMP shall not be deemed nonconforming in
terms of height, residential use, or location provisions of this title. Such buildings
may be rebuilt after a fire or other natural disaster to their original dimensions,
location and height, but may not be .changed except as provided in the non-
conforming uses section of this chapter.
6. Single family structures in the Shoreline Residential Environment, which have legally
non conforming setbacks from the OHWM per the SMP buffer, shall be allowed to
expand the ground floor only along the existing building line(s), so long as the
existing distance from the nearest point of the structure to the OHWM is not reduced,
and the square footage of new intrusion into the buffer does not exceed 50% of the
square footage of the current intrusion. As a condition of building permit approval a
landscape plan showing removal of invasive plant species within the entire shoreline
buffer and replanting with appropriate native species must be submitted to the City.
Maintenance of these plantings through the establishment period is recommended.
7. For the purposes of this section, altered or partially reconstructed is defined as work
that does not exceed 50% of the assessed valuation of the building over a three year
period.
8. A non conforming -use, within a non conforming structure, shall not be allowed to
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expand into any other portion of the structure.
C. Requests for Time Extension Nonconforming Uses and Structures
A property owner may request, prior to the end of the 24 consecutive months, an
extension of time beyond the 24 consecutive months. Such a request may be
approved only when:
1. For a nonconforming use, a finding is made that no reasonable alternative
conforming use is practical;
2. For a nonconforming structure, special economic circumstances prevent the lease
or sale of said structure within 24 months; and
3. The applicant restores and /or enhances the shoreline buffer on the property to
offset the impact of the continuation of the pre- existing use. For nonconforming
uses, the amount of buffer to be restored and /or enhanced will be determined
based on the percentage of the existing building used by the nonconforming use
for which a time extension is being requested. Depending on the size of the area
to be restored and/or enhanced, the Director may require targeted plantings rather
than a linear planting arrangement. The vegetation management standards of this
Program shall be used for guidance on any restoration/enhancement. For
nonconforming structures, for each six month extension of time requested, 15% of
the available buffer must be restored /enhanced.
Conditions may be attached to the permit that are deemed necessary to assure compliance
with the above findings, the requirements of the master program and the Shoreline
Management Act and to assure that the use will not become a nuisance or a hazard.
D. Building Safety
Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe condition
of any non conforming building or part thereof declared to be unsafe by order of any City
official charged with protecting the public safety.
1. Alterations or expansion of a non conforming structure, that are required by law or a
public agency in order to comply with public health or safety regulations are the only
alterations or expansions allowed.
2. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
E. Non conforming Parking Lots
1. Nothing contained in this SMP shall be construed to require a change in any aspect of
a structure or facility covered thereunder including, without limitation, parking lot
layout, loading space requirements and curb -cuts, for any structure or facility which
existed on the date of adoption of this SMP.
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2. If a change of use takes place, or an addition is proposed, which requires an increase
in the parking area by an increment less than 100 the requirements of the SMP
shall be complied with for the additional parking area.
3. If a change of use takes place, or an addition is proposed, which requires an increase
in the parking area by an increment greater than 100 the requirements of the SMP
shall be complied with for the entire parking area.
F. Non conforming Landscape Areas
1. Adoption of the vegetation protection and landscaping regulations contained in this
SMP shall not be construed to require a change in the landscape improvements for
any legal landscape area which existed on the date of adoption of this SMP, unless
and until the property is redeveloped or alteration of the existing structure beyond the
thresholds provided herein.
2. At such time as the property is redeveloped or the existing structure is altered beyond
the thresholds provided herein and the associated premises does not comply with the
vegetation protection and landscaping requirements of this SMP, a landscape plan
which conforms to the requirements of this SMP shall be submitted to the Director for
approval.
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15. APPEALS
Any appeal of a decision by the City on a Shoreline Substantial Development Permit, Shoreline
Conditional Use, Unclassified Use or Shoreline Variance must be appealed to the Shoreline
Hearing Board.
16. ENFORCEMENT AND PENALTIES
16.1 Violations
The following actions shall be considered violations of the Master Program:
A. To use, construct or demolish any structure, or to conduct clearing, earth- moving,
construction or other development not authorized under a Substantial Development Permit,
Conditional Use Permit or Variance Permit, where such permit is required by the Master
Program.
B. Any work which is not conducted in accordance with the plans, conditions, or other
requirements in a permit approved pursuant to the Master Program, provided that the terms or
conditions are stated in the permit or the approved plans.
C. To remove or deface any sign, notice, complaint or order required by or posted in accordance
with the Master Program.
D. To misrepresent any material fact in any application, plans or other information submitted to
obtain any shoreline use or development authorization.
E. To fail to comply with the requirements of the Master Program.
16.2 Enforcement
It shall be the duty of the Director to enforce the Master Program subject to the terms and
conditions of TMC Chapter 8.45.
16.3 Inspection Access
A. For the purpose of inspection for compliance with the provisions of a permit or the Master
Program, authorized representatives of the Director may enter all sites for which a Permit has
been issued.
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B. Upon completion of all requirements of a Permit, the applicant shall request a final
inspection by contacting the planner of record. The permit process is complete upon final
approval by the planner.
16.4 Penalties
A. Any violation of any provision of the SMP, or failure to comply with any of the requirements
of the SMP shall be subject to the penalties prescribed in Chapter 8.45 of the Tukwila Municipal
Code "Enforcement and shall be imposed pursuant to the procedures and conditions set forth
in that chapter.
B. Penalties assessed for violations of the SMP shall be determined by TMC Chapter 8.45.100,
Penalties.
C. It shall not be a defense to the prosecution for failure to obtain a Permit required by the
Master Program, that a contractor, subcontractor, person with responsibility on the site, or person
authorizing or directing the work, erroneously believed a permit had been issued to the property
owner or any other person.
16.5 Remedial Measures Reauired
In addition to penalties provided in TMC Chapter 8.45, the Director may require any person
conducting work in violation of the Master Program to mitigate the impacts of unauthorized
work by carrying out remedial measures.
A. Remedial measures must conform to the policies and guidelines of the Master Program and
the Shoreline Management Act.
B. The cost of any remedial measures necessary to correct violation(s) of the Master Program
shall be borne by the property owner and/or applicant.
16.6 Iniunctive Relief
A. Whenever the City has reasonable cause to believe that any person is violating or threatening
to violate the Master Program or any rule or other provisions adopted or issued pursuant to the
Master Program, it may either before or after the institution of any other action or proceeding
authorized by this Ordinance, institute a civil action in the name of the City for injunctive relief
to restrain the violation or threatened violation. Such action shall be brought in King County
Superior Court.
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B. The institution of an action for injunctive relief under this section shall not relieve any party
to such proceedings from any civil or criminal penalty prescribed for violations of the Master
Program.
16.7 Abatement
Any use, structure, development or work that occurs in violation of the Master Program, or in
violation of any lawful order or requirement of the Director pursuant to this Section, shall be
deemed to be a public nuisance and may be abated in the manner provided by the Tukwila
Municipal Code 8.45.105.
17. MASTER PROGRAM REVIEW AND AMENDMENTS
17.1. This Master Program shall be periodically reviewed and adjustments shall be made as are
necessary to reflect changing local circumstances, new information or improved data, and
changes in State statutes and regulations. This review process shall be consistent with WAC
173 -26 and shall include a local citizen involvement effort and public hearing to obtain the
views and comments of the public.
17.2 Any provision of this Master Program may be amended as provided for in RCW 90.58 and
WAC 173 -26 Amendments or revisions to the Master Program, as provided by law, do not
become effective until approved by the Washington State Department of Ecology.
17.3 Proposals for shoreline environment re- designations (i.e. amendments to the shoreline maps
and descriptions) must demonstrate consistency with the criteria set forth in WAC 173- 26-
040 and this program.
18. LIABILITY
18.1. Liability for any adverse impacts or damages resulting from work performed in accordance
with a Permit issued on behalf of the City within the City limits, shall be the sole
responsibility of the owner of the site for which the Permit was issued.
18.2 No provision of or term used in the Master Program is intended to impose any duty upon the
City or any of its officers or employees that would subject them to damages in a civil action.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2270;
AMENDING THE SHORELINE ELEMENT OF THE CITY'S
COMPREHENSIVE LAND USE PLAN TO INCORPORATE
POLICIES THAT REFLECT NEW STATE REQUIREMENTS FOR
AREAS SUBJECT TO SHORELINE JURISDICTION; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the
goals and policies of the Growth Management Act of 1990 and the King County County-
wide Planning Policies; and
WHEREAS, the Green /Duwamish River, a shoreline of the State, regulated
pursuant to RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, due to the presence of the Green /Duwamish River in the City, the 1995
Comprehensive Plan included policies addressing shorelines and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that
shorelines of the State are among the most valuable and fragile of its natural resources
and unrestricted construction on privately- and publicly -owned shorelines of the State is
not in the best public interest, and
WHEREAS, in RCW 90.58.020, the Legislature directed local governments
developing Shoreline Master Programs for shorelines of State -wide significance to give
preference to the following uses, in order of preference, which: 1) recognize and protect
the State -wide interest over local interest; 2) preserve the natural character of the
shoreline; 3) result in long -term over short-term benefit 4) protect the resources and
ecology of the shoreline; 5) increase public access to publicly -owned areas of the
shorelines; 6) increase recreational opportunities for the public in the shoreline; and 7)
provide for any other element, as defined in RCW 90.58.100, deemed appropriate or
necessary; and
WHEREAS, in 2003 the Washington State Department of Ecology (DOE), adopted
new rules, pursuant to RCW 90.58.200, to carry out provisions of the Shoreline
Management Act and
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WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules
provide direction to local jurisdictions concerning the regulation of uses on shorelines of
the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their
shoreline master programs consistent with the required elements of the guidelines
adopted by DOE, in accordance with a schedule established in that section, and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) required the City of
Tukwila to amend its Shoreline Master Program by December 1, 2009; and
WHEREAS, the City of Tukwila's Shoreline Master Program is implemented by
regulations codified at TMC Chapter 18.44, which are in turn guided by the Tukwila
Comprehensive Plan's Shoreline Goals and Policies; and
WHEREAS, the Tukwila Comprehensive Plan's Shoreline Goals and Policies were
adopted in Ordinance No. 1757, specifically, Goals and Policies 5.1 -5.10; and
WHEREAS, in order to amend the Tukwila Shoreline Master Program, it is
necessary to update the Comprehensive Plan Shoreline Goals and Policies, which have
not been updated since 1995, to reflect the updated WAC 173 -26 regulations for
shoreline master programs; and
WHEREAS, the City began an update of its Shoreline Master Program in 1998,
established a Citizens Advisory Panel for initial policy and regulation guidance,
prepared background studies and used consultant services to prepare technical
documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master
Program in 2008; and
WHEREAS, an environmental checklist was prepared for the staff draft Shoreline
Master Program update, accompanied by a draft "Cumulative Impacts Analysis," an
"Inventory and Characterization Report" and draft "Restoration Plan," and a
Determination of Non Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master
Program, held a public hearing on August 27, 2008, continued the hearing to October 9,
2008 to allow additional public input, revised the staff's draft Shoreline Master Program,
and in February 2009 recommended the City Council adopt the Planning Commission's
revised Shoreline Master Program; and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the
hearing to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to
review the Planning Commission Recommended Draft Shoreline Master Program; and
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WHEREAS, pursuant to WAC 173 -26 -186, City staff has analyzed the cumulative
impacts of the staff draft Shoreline Master Program, the Planning Commission
Recommended Draft Shoreline Master Program, and the Council revisions to the
Planning Commission Recommended Draft Shoreline Master Program and determined
that the Shoreline Master Program and accompanying goals, policies and regulations
will achieve no net loss of shoreline ecological functions, as compared to current
"baseline" conditions; and
WHEREAS, pursuant to WAC 173 -26 -186, the proposed Shoreline Master Program
contains policies and regulations to ensure no net loss of shoreline ecological functions,
to address adverse cumulative impacts and to fairly allocate the burden of addressing
cumulative impacts among proposed developments; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program
to address issues raised by interested parties, individual Councilmembers and the
Department of Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program, a
variety of methods were used to notify the general public and property owners along the
shoreline of the proposed Shoreline Master Program update, including mailings to
property owners and tenants, notice boards along the Green River Trail, postings on the
City's web site, creation of a broadcast email group that received updates of the
shoreline review process and articles in the City's newsletter; and
WHEREAS, one of the purposes of the Comprehensive Plan is to protect the
natural environment, including shoreline areas, because they are an essential
contributor to the overall welfare of the City's residents and businesses; and
WHEREAS, the revisions to the Comprehensive Plan Policies for the shoreline
address changes in shoreline character and the need to further protect the shoreline
resources for public safety, flood control and habitat improvement; and
WHEREAS, notice was provided to the Washington State Department of
Commerce, pursuant to RCW 36.70A.106 and
WHEREAS, the City Council adopted several ordinances on December 14, 2009,
adopting by reference the components of a new Shoreline Master Program; and
WHEREAS, those ordinances included Ordinance No. 2270, which amended
certain Goals and Policies in the Shoreline Element of the Comprehensive Plan; and
WHEREAS, Section 3 of Ordinance No. 2270 provided that it would not be effective
until the later of five days after passage and publication or approval by the Washington
State Department of Ecology of the Shoreline Master Program in the form attached to
Ordinance No. 2270 as Attachment A, and
WHEREAS, thereafter, City staff submitted Ordinance No. 2270 and the ordinances
adopting the other components of the Shoreline Master Program to the Department of
Ecology for review and approval; and
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WHEREAS, the Department of Ecology accepted written public comments on the
City's December 14, 2009 Shoreline Master Program, and held a public hearing on
September 29, 2010; and
WHEREAS, the Department of Ecology reviewed the adopted Shoreline Master
Program and required and recommended certain changes to the Program as a
condition of final Department of Ecology approval; and
WHEREAS, notice of the review of DOE's required and recommended changes
was provided via postings on the City's web site, a -mails to the broadcast e-mail group,
and articles in the "Hazelnut" and "Tukwila Reporter;" and
WHEREAS, the City Council conducted a work session on May 11, 2011, to
consider the DOE required and recommended changes, and held a public hearing on
June 27, 2011 to receive public testimony on the DOE required and recommended
changes; and
WHEREAS, the City Council concurs with and desires to adopt DOE's required
changes and some of its recommended changes,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Comprehensive Plan Policies Amended. Goals and Policies 5.1
5.12 of the Shoreline Element of the City of Tukwila's Comprehensive Land Use Plan
are hereby amended to read as shown in "Attachment A" to this ordinance.
Section 2. Repealer. Ordinance No. 2270, including Goals and Policies 5.1 5.11
of the Shoreline Element of the City of Tukwila's Comprehensive Land Use Plan
included as "Attachment A" thereto, is hereby repealed.
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, and shall take effect and be in full force
y3 afteF passage and publiGation as lalrovided by law, o n
approval of the Shoreline Master Program by the Washington Department of Ecology
and publication as provided by law. of -EOPY o f th ervrdinan Genng the City's
written agreement to the Washington Department Of EGGIGgy'S required GhaRgeS to the
stitut
Shoreline Element of the Ci "s (`mmPrahonciye Plan as shown in ttaGhmont A."
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment A: City of Tukwila Comprehensive Plan Policies
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ATTACHMENT A
City of Tukwila Comprehensive Plan Policies
Attachment to Ordinance No.
5.1 Shoreline Environment Designations
Goal: Shoreline environment designations that meet Washington State Shoreline
Management Act requirements, and reflect local conditions and Tukwila's long -term
vision for its shoreline. The shoreline jurisdiction generally extends for 200 feet on
either side of the Ordinary High Water mark, consistent with the Washington State
Shoreline Management Act. In order to implement this goal, the Shoreline Master
Program (SMP) proposes four Environment Designations: Shoreline Residential, Urban
Conservancy, High Intensity, and Shoreline Aquatic Environment (as detailed in the
Shoreline Environment Section) that comply with the Washington State Shoreline
Management Act and function well for the City.
Policies:
Policy 5.1.1 Shoreline Residential Environment. In the Shoreline Residential
Environment, priority shall be given to the following:
Uses that preserve or restore the natural character of the shoreline or promote
preservation of vegetation, open space, flood plain or sensitive area lands.
Development that is compatible with the natural and biological limitations of the
land and water and that will not require extensive alteration of the shoreline or
new "hard" structural shoreline stabilization. Where possible the removal of
bulkheads, revetments, levees or other "hard" structural shoreline stabilization is
required. Hard structural shoreline stabilization may be replaced with alternative
bioengineered bank stabilization.
On publicly -owned property, water dependent or water related recreational
activities that are compatible with the character of the shoreline residential areas.
Maintenance of existing single family residential development patterns and public
open space and recreation uses.
Residential and recreational development that promotes vegetation conservation
and enhancement, sensitive areas protection, and maintenance of water quality
to assure no net loss of shoreline ecological functions.
Residential and recreational development that contributes to the restoration of
ecological functions over time in areas where ecological degradation has
occurred.
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Policy 5.1.2 Urban Conservancy Environment: In the Urban Conservancy
Environment priority shall be given to the following:
Development that promotes vegetation conservation and enhancement, sensitive
areas protection, and preservation of water quality to assure no net loss of
shoreline ecological functions.
Water enjoyment uses.
Uses that remove shoreline armoring, unless required for a shoreline dependent
use, and uses that prevent and /or minimize flood damage.
Uses that preserve or restore shoreline ecological functions provided by
vegetation, open space, flood plain or sensitive area lands.
Uses that minimize interference with navigation and flood control, consider
impacts to public views, and allow for the safe, unobstructed passage of fish and
wildlife, particularly those species dependent on migration.
Uses that provide public access and public recreation whenever feasible and
when ecological impacts can be mitigated.
Development that is compatible with the natural and biological limitations of the
land and water that do not require extensive alteration of the shoreline or new
shoreline stabilization, except for restoration projects.
Enhancement and restoration of ecological functions.
Redevelopment of underutilized areas and development of commercial and
industrial activities where shoreline impacts are minimized and where there is no
net loss of shoreline functions.
Policy 5.1.3 High Intensity Shoreline Environment: In the High Intensity
Environment, priority shall be given to the following:
Water dependent commercial and industrial uses.
Development that promotes vegetation conservation and enhancement, sensitive
areas protection, and preservation of water quality to assure no net loss of
shoreline ecological functions.
Uses that remove shoreline armoring, unless required for a shoreline dependent
use, and uses that prevent and /or minimize flood damage.
Uses that preserve or restore shoreline ecological functions provided by
vegetation, open space, flood plain or sensitive area lands.
Uses that minimize interference with navigation and flood control, consider
impacts to public views, and allow for the safe, unobstructed passage of fish and
wildlife, particularly those species dependent on migration.
Uses that provide public access and public recreation whenever feasible and
when ecological impacts can be mitigated.
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El Development that is compatible with the natural and biological limitations of the
land and water that do not require extensive alteration of the shoreline or new
shoreline stabilization, except for restoration projects.
El Enhancement and restoration of ecological functions.
Redevelopment of underutilized areas and development of intensive commercial
and industrial activities where shoreline impacts are minimized and where there
is no net loss of shoreline functions.
Policy 5.1.4 Shoreline Aquatic Environment: In the Shoreline Aquatic
Environment, priority shall be given to the following:
Uses that preserve or restore the natural character of the shoreline or promote
preservation of vegetation, open space, flood plain or sensitive area lands.
Water dependent uses.
Uses that remove shoreline armoring, unless required for a shoreline dependent
use, and uses that prevent and /or minimize flood damage.
Uses that minimize interference with navigation and flood control, consider
impacts to public views, and allow for the safe, unobstructed passage of fish and
wildlife, particularly those species dependent on migration.
Uses that provide public access and public recreation whenever feasible and
when ecological impacts can be mitigated.
Development that is compatible with the natural and biological limitations of the
land and water that do not require extensive alteration of the shoreline or new
shoreline stabilization, except for restoration projects.
Enhancement and restoration of ecological functions.
Uses compatible with the adjoining shoreline environments.
5.2 Shoreline Plannina and Management
Goal: Expanded value of the river as a community and regional resource through
regional coordination of shoreline management programs and through programs that
foster river appreciation and awareness, involving partnerships among businesses,
schools, government and community organizations.
Policies:
Policy 5.2.1 Coordinate shoreline planning and management activities with other
local jurisdictions and their plans such as the WRIA 9 Salmon Habitat Plan and the
King County Flood Hazard Management Plan to establish region -wide consistency in
addressing river issues with regional implications, such as economic development,
public access, wildlife habitat, water quality control and flood control.
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Policy 5.2.2 Promote river stewardship and increase river awareness through
actions that further shoreline goals, such as educational programs, community
activities, and partnerships with Tukwila residents, businesses, schools,
government, and community organizations.
Policy 5.2.3 Promote and participate in the implementation of the Watershed
Resource Inventory Area (WRIA) 9 Plan, including supporting the recommended
projects located in Tukwila to improve the habitat functions of the Green /Duwamish
River, as well as the Plan policies and goals.
Implementation Strategies:
WRIA 9 Salmon Habitat Plan
Tukwila Shoreline Master Program Restoration Plan
King County Flood Hazard Management Plan
5.3 Land Development Use and Economic Vitalitv
Goal: Development along the shoreline that fosters the economic vitality of Tukwila
while preserving the long -term benefits of the river.
Policies:
Policy 5.3.1 Implement Shoreline Design Guidelines to:
Encourage design that views the river as an amenity.
Guide the design of multiple shoreline uses.
Establish techniques for increasing multiple shoreline use.
Prioritize locations for use.
Encourage removal of invasive species with nonchemical methods and
maintenance of native planted vegetation to minimize the presence of invasive
species.
Policy 5.3.2 Design and locate all shoreline development to minimize impacts on
areas identified as important for other river uses, such as wildlife and aquatic habitat,
river vegetation, public access and recreation, historical resource and flood control.
Policy 5.3.3 When no other feasible alternative exists, allow structures to be
placed in the water, or structural reinforcement of the riverbank, only when this
provides a significant, long -term public benefit, does not interfere with navigation or
flood management, does not cause a loss of shoreline function or is essential to a
water dependent use.
Policy 5.3.4 Prohibit the construction of new flood control facilities unless
constructed to incorporate habitat restoration features and work to remove existing
shoreline armoring —where possible —to restore habitat functions.
Policy 5.3.5 Recognize and promote the river's contribution to the economic
vitality of Tukwila, as a valuable amenity for existing and future businesses which
depend on or benefit from a shoreline location.
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Policy 5.3.6 Ensure that shoreline development does not diminish the commercial
navigability of the river.
Policy 5.3.7 Tukwila Urban Center Development Policy: Design and locate
shoreline development in the Tukwila Urban Center to encourage water enjoyment
uses that:
Provide for shoreline multiple uses that are consistent with the underlying zoning.
Provide additional benefits, such as riverbank restoration, fishing piers, non
motorized boat launches, river views, or interpretive signs.
Support public access to and along the shoreline.
Provide water enjoyment uses as transitions between the river and non -water
dependent uses.
Encourage efficient use of land, through such techniques as clustering, mixed
use projects, cooperative parking or parking located under principal structures,
and shared utility and access corridors.
Ensure that new development and re- development in the Urban Center
acknowledges the goal of a continuous street fagade along Christensen Road
and the riverfront and locates parking facilities to the interior of the lot.
Implementation Strategies for Policy 5.3.7:
Shoreline Design Guidelines
Shoreline Development Standards
Tukwila Urban Center Plan
MIC Development Policy 5.3.8 Ensure that non -water dependent shoreline
development in the MIC provides for shoreline multiple uses to the extent that site
security and the success of industrial operations are not jeopardized; ensures no net
loss of shoreline function and provides adequate mitigation for the loss of shoreline
multiple use opportunities.
MIC Development Policy 5.3.9 Allow opportunities for commercial and
recreational marinas to locate in Tukwila downstream of the turning basin, where
compatible with existing and future navigability and existing and future ecological
restoration projects.
Policy 5.3.10 —Development outside the Tukwila Urban Center or MIC: Design and
locate shoreline development outside of the Tukwila Urban Center and the MIC to:
Provide for multiple shoreline uses.
Provide water enjoyment uses as transitions between the river and non -water
dependent uses.
Encourage efficient use of land through such techniques as clustering, mixed -use
projects, cooperative parking or parking located under principal structures, and
shared utility and access corridors.
Treat the river as an amenity in the design and location of the project.
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5.4 Private Property Rights
Goal: Protect rights of property owners to reasonable use and enjoyment of private
property, through appropriate location, access to, and design of shoreline uses.
Policies:
Policy 5.4.1 Design, locate and manage shoreline uses in a manner that
maintains reasonable use and enjoyment of private property.
Policy 5.4.2 Design and locate public access in a way that is appropriate for the
site, depending on site conditions and private property concerns.
Policy 5.4.3 Special sensitivity is required for residential property; therefore, all
single family residential development of four or fewer single family residential lots is
excluded from requirements to provide private or public access. Single family
property owners are not exempt from the responsibility to improve the habitat value
of the shoreline environment.
Policy 5.4.4 Maintain flexibility in methods of obtaining public access, to allow for
different site conditions and private property concerns that might conflict with public
access, such as privacy, safety, and security.
Policy 5.4.5 Obtain additional easement area to permit the improvement of flood
control and river habitat by setting back levees or removing revetments and other
hard shoreline armoring and replacing with more habitat friendly flood control levees
or other shoreline treatment.
5.5 Shoreline Design Qualitv
Goal: Enhanced identity of the river as a unique community asset through high quality
development and public activities that reflect Tukwila's history and sense of community
pride.
Policies:
Policy 5.5.1 Require that shoreline development outside of the MIC:
Ensures no net loss of shoreline function.
Is designed to be consistent with Tukwila Shoreline Design Guidelines.
Reflects principles of high quality design, in such areas as site planning,
architecture and landscaping.
Includes setbacks, bulk, height, density, landscape buffers and provisions for
open space that enhance the shoreline environment.
Implementation Strategies for Policy 5.5.1:
Shoreline Design Guidelines
Shoreline development standards
Tukwila Urban Center Plan
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Policy 5.5.2 Require that shoreline development in the MIC:
Is designed to be consistent with Tukwila Shoreline Design Guidelines.
Maintains or enhances the existing visual quality along the river.
Provides trees and other landscaping to buffer industrial uses that are
incompatible with other river uses.
Provides amenities that enhance enjoyment of the river by employees.
Implementation Strategies for Policy 5.5.2:
Shoreline Design Guidelines
Shoreline development standards
5.6 Access and Recreational Use
Goal: Increase the amount and diversity of opportunities for public recreation and
access to and along the river, including visual and cultural access, access to the water's
edge, opportunities for small boat navigation and access, and connections to other
neighborhoods, consistent with the shoreline character.
Policies:
Policy 5.6.1 Retain and improve areas identified as important in the network of
public access to the river, including cross -town connections, former railroad right -of-
ways and unimproved street -end right -of -ways, historic sites, unique natural features
or other areas valuable for their interpretive potential.
Policy 5.6.2 Maintain existing parks along the shoreline and acquire additional
park land to increase access and recreation opportunities.
Policy 5.6.3 Incorporate river access requirements to guide the design, location
and management of shoreline public access in short plats over 4 lots and all
subdivisions, as well as multi family, commercial and industrial development; to
identify types of access appropriate and feasible for various site conditions and
locations; and to establish strategies, funding sources and priorities for acquisition
and enhancement of shoreline public access.
Implementation Strategies for Policies 5.6.1 5.6.3:
Shoreline Design Guidelines
Shoreline access guidelines
Shoreline development standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.4 Design, locate and manage public access for diverse types and
variable levels of intensity in order to minimize impacts on vulnerable features of the
natural environment and to minimize conflicts with private property uses.
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Policy 5.6.5 Where shoreline development provides public access areas, reserve
such areas for use by the public through the means most appropriate for the type,
scale and impacts of the development, such as dedication, donation or sale of an
easement or right -of -way to the City.
Policy 5.6.6 Support the implementation of the King County Green River Trail, per
the existing King County Green River Trail Master Plan, as well as pedestrian/
bicycle connections with the Trail from properties on the opposite bank and the
expansion of this trail where appropriate.
Policies for Development outside MIC:
Policy 5.6.7 Require subdivisions, multi family residential uses and commercial
and industrial uses along the shoreline to provide a trail for public access along the
river in areas identified for trail connections, consistent with the King County Green
River Trail Master Plan, Shoreline Master Program or any other approved access
plan.
Implementation Strategies for Policy 5.6.7:
King County Green River Trail Master Plan
Shoreline public access standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.8 Where shoreline public access is provided, ensure it is designed to
be safe and convenient and includes access amenities such as benches, drinking
fountains, public parking areas, handicapped access, and appropriate lighting,
consistent with the shoreline access guidelines.
Implementation Strategies for Policy 5.6.8:
King County Green River Trail Master Plan
Shoreline public access standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.9 Except for single family residential development of four or fewer
single family residential lots, shoreline development shall maintain and encourage
views of the water from the shoreline and from upland area, through design of
building height, bulk and modulation, and windows, breezeways and outdoor
spaces.
Implementation Strategies:
Shoreline Design Guidelines
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Policy 5.6.10 Public access improvements should be designed and constructed
to:
Look and "feel" welcoming to the public.
Connect to public areas, street ends, and other pedestrian or public throughfares.
Enhance the character of Tukwila.
Avoid conflicts with water dependent uses.
Provide for public safety and minimize impacts to private property and individual
privacy and security.
Require a low level of operation and maintenance.
Ensure that construction (i.e. structures and access pathways) incorporates
environmentally sensitive design and materials (e.g., non toxic, natural
materials).
Policy 5.6.11 Improve pedestrian connections between the river, Green River
Trail and the Urban Center's commercial, office and residential uses.
Policies for Development in MIC:
Policy 5.6.12 For MIC properties included in the King County Green River Trail
Master Plan or other approved access plan, require shoreline development to
provide a trail for public access along the river.
Policy 5.6.13 Where shoreline public access is provided, ensure it is designed to
be safe and convenient and includes access amenities such as benches, drinking
fountains, public parking areas, handicapped access and appropriate lighting,
consistent with the shoreline access guidelines.
Policy 5.6.14 For MIC properties not included in the King County Green River
Trail Plan, require shoreline development to provide public access or a private
natural area in lieu of public access, or otherwise mitigate the loss of public access.
Implementation Strategies for Policies 5.6.12 5.6.14:
Shoreline Design Guidelines
Shoreline access guidelines
Walk and Roll Plan
Parks and Open Space Plan
5.7 Transportation within the Shoreline Jurisdiction
Goal: Safe corridors and amenities for pedestrians, cyclists and users of public
transportation, allowing more citizens to access and enjoy the river.
Policies:
Policy 5.7.1 Design and locate transportation uses within the shoreline jurisdiction
to be compatible with shoreline vegetation or other habitat features, turn -outs or
parking areas for public access, bio- filtration swales to protect water quality, public
art or interpretive signs.
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Policy 5.7.2 Ensure the transportation uses within the shoreline jurisdiction and
within those corridors identified as river cross connections provide safe, convenient
and attractive pedestrian, bicycle and boater access and facilities for public
transportation.
Policy 5.7.3 Minimize transportation impacts to the natural environment (such as
air, noise, odor or water pollution) and enhance the natural environment wherever
possible through planting trees and other habitat features.
Policy 5.7.4 Encourage maintenance of the river's navigability up to the turning
basin, where this achieves a greater public interest and a balance between costs
and benefits to the broader community and impacts to the habitat functions of the
river, in recognition of the historical significance of navigation and its importance to
the economic vitality of water dependent uses and the MIC.
5.8 Historical Resource Use and Archaeological Protection
Goal: Recognition of the river's contribution to Tukwila history and community identity
through identification, enhancement, restoration, and protection of sites with historic and
cultural value and through development of interpretive and educational programs.
Policies:
Policy 5.8.1 Ensure that shoreline development reflects the river's important role
in Tukwila's history and that long -term public use of the river as an historical
resource is protected by providing for the identification, protection and interpretation
of unique historic and archaeological features.
Policy 5.8.2 Ensure that public shoreline development reflects the river's natural
features and community traditions.
Policy 5.8.3 Ensure that archaeological artifacts and sites are protected when
development takes place in the shoreline jurisdiction.
5.9 Natural Environment and Habitat Use
Goal: Restored, enhanced, and protected natural environment resources along the
river, including trees, wildlife habitat and features with value for long -term public,
scientific and educational uses.
Policies:
Policy 5.9.1 Ensure that shoreline development results in no net loss of shoreline
ecological function, minimizes impacts on wildlife and that significant vegetation,
sandbars, wetlands, watercourses, and other critical areas identified as important for
habitat are maintained through the proper location, design, construction, and
management of all shoreline uses and activities.
Policy 5.9.2 Ensure that shoreline development and activities protect riverbank
vegetation and, where feasible, restore degraded riverbanks in accordance with the
vegetation management provisions of the Shoreline Master Program, in order to
minimize and compensate for impacts to fish and wildlife habitat.
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Policy 5.9.3 Mitigate unavoidable disturbances of significant vegetation or habitat
through replacement of habitat and provision of interpretive features consistent with
the shoreline access guidelines.
Policy 5.9.4 Support relief from certain Shoreline Master Program requirements
for properties affected by habitat restoration projects that result in the movement of
the ordinary high water mark.
Policy 5.9.5 Support establishing the Transition Zone as the priority area for
habitat restoration projects given its importance for subtidal and intertidal habitats to
allow salmonids to gradually adjust to the change between fresh and saltwater
conditions.
5.10 Water Quality. Surface Water and Flood Control Use
Goal: Improved water quality and quantity control programs affecting the Green/
Duwamish River that improve the river's water quality, provide habitat for fish and
wildlife, protect public health and safety, and enhance public enjoyment of the river.
Policies:
Policy 5.10.1 Design, locate, and manage shoreline development including
streets, flood control projects, surface water drainage and sewer systems, clearing
and grading activities, and landscaping in a manner that minimizes opportunities for
pollutants to enter the river, provides erosion control and otherwise protects water
quality.
Policy 5.10.2 Design, manage, and mitigate flood control uses to minimize
impacts to other shoreline uses such as trees and riverbank vegetation, public
access and recreation, and fish habitat; and set them back from the river, where
feasible for the project, with land areas between the water and the levee set aside as
open space for public recreation or wildlife habitat.
Policy 5.10.3 Consistent with project feasibility, mitigate unavoidable negative
impacts on other shoreline uses owing to flood control uses through such measures
as restoration of trees and native riverbank vegetation, provision of public access to
the water's edge, interpretive features, or other mitigation of loss of opportunities for
shoreline multiple uses.
Policy 5.10.4 Obtain additional easements, where needed, from property owners
to set back levees to improve flood control and shoreline habitat functions. Where
possible, as redevelopment occurs, replace bulkheads, revetments or other hard
bank stabilization with more natural levees, riverbanks or other shoreline treatments
to improve flood control, ecological functions and habitat.
Implementation Strategies:
Increase levee setback to incorporate vegetated mid -slope benches
Shoreline access guidelines
Surface Water Management Plan
WRIA 9 Plan water quality policies
Shoreline Restoration Plan
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5.11 Public Health. Safetv and Welfare. Comprehensive Plan
Goal: Shoreline uses that do not endanger public health, safety and welfare, or the
capacity of the river to provide long -term benefits and resources to the community.
Policies:
Policy 5.11.1 Design, locate, and manage shoreline uses, such as capital
improvement projects and private development, in a manner that does not endanger
public health, safety and welfare, and enhances the capacity of the river to provide
long -term flood protection, habitat and other benefits and resources to the
community and the environment.
5.12 Shoreline Use Preferences
Goal: In developing and implementing its Shoreline Master Program for shorelines of
statewide significance, including the Green /Duwamish River, Tukwila shall give
preference to uses —in the following order of preference— that:
1. Recognize and protect the statewide interest over local interest.
2. Preserve the natural character of the shoreline.
3. Result in long -term over short-term benefit.
4. Protect the resources and ecology of the shorelines.
5. Increase public access to publicly owned areas of the shorelines.
6. Increase recreational opportunities for the public in the shoreline.
7. Provide for any other element as defined in RCW 90.58.100 deemed appropriate or
necessary.
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING REQUIREMENTS FOR SHORELINE
REGULATIONS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 18.44, "SHORELINE OVERLAY," TO INCORPORATE NEW
STATE REQUIREMENTS; REPEALING ORDINANCE 2271;
REPEALING ORDINANCE NOS. 1796 §3 (PART), 1775 §2, AND 1758
§1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER
18.44, "SHORELINE OVERLAY PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the
goals and policies of the Growth Management Act of 1990 and the King County County-
wide Planning Policies; and
WHEREAS, the Green /Duwamish River, a shoreline of the State regulated pursuant
to RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, due to the presence of the Green /Duwamish River in the City, the 1995
Comprehensive Plan included policies addressing shorelines; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that
shorelines of the State are among the most valuable and fragile of its natural resources
and unrestricted construction on privately- and publicly -owned shorelines of the State is
not in the best public interest; and
WHEREAS, in RCW 90.58.020 the State Legislature directed local governments
developing Shoreline Master Programs for shorelines of State -wide significance to give
preference to the following uses, in order of preference, which: 1) recognize and protect
the State -wide interest over local interest; 2) preserve the natural character of the
shoreline; 3) result in long -term over short -term benefit; 4) protect the resources and
ecology of the shoreline; 5) increase public access to publicly -owned areas of shore-
lines; 6) increase recreational opportunities for the public in the shoreline; and 7)
provide for any other element, as defined in RCW 90.58.100, deemed appropriate or
necessary; and
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WHEREAS, Puget Sound Chinook Salmon and Bull Trout have been listed as
"threatened" under the Federal Endangered Species Act, and the Green /Duwamish
River throughout Tukwila is a critical resource for these species, making shoreline
habitat protection and restoration crucial, particularly in the Transition Zone portion of
the river that extends from the East Marginal Way South bridge through the north City
limits; and
WHEREAS, in 2003 the Washington State Department of Ecology (DOE) adopted
new rules, pursuant to RCW 90.58.200, to carry out provisions of the Shoreline
Management Act, and
WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules
provide direction to local jurisdictions concerning the regulation of uses on shorelines of
the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their
shoreline master programs consistent with the required elements of the guidelines
adopted by DOE, in accordance with a schedule established in that section; and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) required the City of
Tukwila to amend its Shoreline Master Program by December 1, 2009; and
WHEREAS, the City began an update of its Shoreline Master Program in 1998,
established a Citizens Advisory Panel for initial policy and regulation guidance,
prepared background studies and used consultant services to prepare technical
documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master
Program in 2008; and
WHEREAS, an environmental checklist was prepared for the staff draft Shoreline
Master Program update, accompanied by a draft "Cumulative Impacts Analysis," an
"Inventory and Characterization Report" and draft "Restoration Plan," and a
Determination of Non Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master
Program, held a public hearing on August 27, 2008, continued the hearing to October 9,
2008 to allow additional public input, and recommended adoption of a revised Shoreline
Master Program to the City Council in February 2009; and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the
hearing to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to
review the Planning Commission Recommended Draft Shoreline Master Program; and
WHEREAS, pursuant to WAC 173 -26 -186, City staff has analyzed the cumulative
impacts of the staff draft Shoreline Master Program, the Planning Commission
Recommended Draft Shoreline Master Program, and the Council revisions to the
Recommended Draft Shoreline Master Program and determined the Shoreline Master
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Program and accompanying goals, policies and regulations will achieve no net loss of
shoreline ecological functions, as compared to current "baseline" conditions; and
WHEREAS, pursuant to WAC 173 -26 -186, the proposed Shoreline Master
Program contains policies and regulations to ensure no net loss of shoreline ecological
functions, to address adverse cumulative impacts and to fairly allocate the burden of
addressing cumulative impacts among proposed developments; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program
to address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program, a
variety of methods were used to notify the general public and property owners along the
shoreline of the proposed Shoreline Master Program update, including mailings to
property owners and tenants, notice boards along the Green River Trail, postings on the
City's web site, creation of a broadcast email group that received updates of the
shoreline review process and articles in the City's newsletter; and
WHEREAS, revisions to the City's shoreline regulations, codified in Tukwila
Municipal Code (TMC) Chapter 18.44, are required to implement the updated Shoreline
Master Program; and
WHEREAS, new and revised Zoning Code definitions, codified in Chapter 18.06 of
the Tukwila Municipal Code, are required to implement the changes to TMC Chapter
18.44 and the updated Shoreline Master Program (SMP); and
WHEREAS, notice was provided to the Washington State Department of Commerce
pursuant to RCW 36.70A.106; and
WHEREAS, on December 14, 2009, the City Council adopted a series of ordinances
that adopted by reference the components of a new Shoreline Master Program; and
WHEREAS, those ordinances included Ordinance No. 2271, which adopted
changes to Chapter 18.44 of the Tukwila Municipal Code as part of the new Shoreline
Master Program; and
WHEREAS, thereafter, City staff submitted Ordinance No. 2271 and other
components of the Shoreline Master Program to the Department of Ecology for its
review and approval; and
WHEREAS, the Department of Ecology accepted written public comments on the
City's December 14, 2009 Shoreline Master Program, and held a public hearing on
September 29, 2010; and
WHEREAS, the Department of Ecology thereafter reviewed the updated Shoreline
Master Program (including Chapter 18.44 of the TMC) and required and recommended
certain changes to the Program as a condition of DOE approval; and
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WHEREAS, notice of the review of DOE's required and recommended changes was
provided via postings on the City's web site, a -mails to the broadcast e-mail group, and
articles in the "Hazelnut" and "Tukwila Reporter and
WHEREAS, the City Council conducted a work session on May 11, 2011 on the
DOE required and recommended changes and held a public hearing on June 27, 2011
to receive public testimony on the DOE required and recommended changes; and
WHEREAS, the City Council concurs with and desires to adopt the Department of
Ecology required changes and some of its recommended changes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Shoreline Environment Designations Adopted. TMC Section
18.44.020 is hereby amended to read as follows:
18.44.020 Shoreline Environment Designations
All shoreline within the City is designated "urban" and further identified as follows:
1. Shoreline Residential Environment. All lands zoned for residential use
as measured 200 feet landward from the Ordinary High Water Mark (OHWM).
2. Urban Conservancy Environment. All lands not zoned for residential use
upstream from the Turning Basin as measured 200 feet landward from the OHWM.
3. High Intensity Environment. All lands downstream from the Turning
Basin as measured 200 feet landward from the OHWM.
4. Aquatic Environment. All water bodies within the City limits and its
potential annexation areas under the jurisdiction of the Shoreline Management Act
waterward of the Ordinary High Water Mark. The Aquatic Environment includes the
water surface together with the underlying lands and the water column.
Section 2. Interpretation of Use Matrix. TMC Section 18.44.030 is hereby
amended to read as follows:
18.44.030 Principaliv Permitted Uses and Shoreline Use Matrix
A. TMC Section 18.44.030(A), including the Use Matrix, specifies the uses that are
permitted outright, permitted as a Conditional Use or prohibited altogether for each
Shoreline Environment. Also included are special conditions and general requirements
controlling specific uses. These regulations are intended to implement the purpose of
each Shoreline Environment designation.
B. In the matrix, shoreline environments are listed at the top of each column and
the specific uses are listed along the left -hand side of each horizontal row. The cell at
the intersection of a column and a row indicates whether a use may be allowed in a
specific shoreline environment and whether additional use criteria apply. The matrix
shall be interpreted as follows:
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1. If the letter "P" appears in the box at the intersection of the column and the
row, the use may be allowed within the shoreline environment if the underlying zoning
also allows the use. Shoreline (SDP, CUP and Variance) permits may be required.
2. If the letter "C" appears in the box at the intersection of the column and the
row, the use may be allowed within the shoreline environment subject to the shoreline
conditional use review and approval procedures specified in TMC Section 18.44.130 C.
3. If the letter "X" appears in the box at the intersection of the column and the
row, the use is prohibited in that shoreline environment.
P May be allowed subject to development
standards and permitting requirements set forth
in this SMP.
C May be allowed as a Shoreline Conditional
Use.
X The use or activity is prohibited in shoreline
jurisdiction environment. Buffer (1)
[AGRICULTURE
Farming and farm related activities I X
COMMERCIAL (4)
General I X
Automotive services, gas (outside pumps
allowed), washing, body and engine repair X
shops (enclosed within a building)
Contractors storage yards I X
Water- oriented uses I P
CIVICIINSTITU.TIONAL
General I X
ESSENTIAL PUBLIC FACILITY C
(Water Dependent)
ESSENTIAL PUBLIC FACILITY C
(Non -water Dependent) (9)
FLOOD HAZARD MANAGEMENT
Flood hazard reduction I P
Shoreline stabilization I P
INDUSTRIAL (7)
General I X
Animal rendering I X
Cement manufacturing I X
Hazardous substance processing and handling
hazardous waste treatment and storage X
facilities (on or off -site) (6)
Rock crushing, asphalt or concrete batching or
mixing, stone cutting, brick manufacture, marble X
works, and the assembly of products from the
Urban High
Conservancy Intensity
Non- Non- Non
Buffer Buffer (2) Buffer Buffer (3) Buffer
Aquatic
Environment
X
I X
I P I
X
I X I
X
X
I X
I P A I
X
I P (8) I
P (5)
X
X
C (8)
X
C (8)
X
X
X
I C (9) I
X
I C (8) I
X
P
P
I P I
P
I P I
X P
P
I X
I P I
X
I P I
X
C
C
C
C
C
P (5)
C
C
C
C
C
C (5)
P
I P
I P I
P
I P I
P
P
I P
I P I
P
I P I
P
X
I P (5
I P@ I
P
I P I
P
X
I X
I C (a) I
X
I X I
X
X
I X
I C� I
X
I C (8) I
X
X
X
X
X
X
X
X
X
C-(8)
X
C (8)
X
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SHORELINE USE MATRIX*
Shoreline
Residential
P May be allowed subject to development Shoreline Urban High
Aquatic
standards and permitting requirements set forth Residential Conservancy Intensity
Environment
in this SMP.
C May be allowed as a Shoreline Conditional
Use.
X The use or activity is prohibited in shoreline Non- Non-
Non
jurisdiction environment. Buffer (1) Buffer Buffer (2) Buffer Buffer (3)
Buffer
above materials I I I I
Salvage and wrecking operations I X I X I X I C( I X I
C (8) I
X
Tow -truck operations, subject to all additional X X X C (8} X
P (8)
X
State and local regulations
Truck terminals I X I X I X I P (8) X I
P (8)
X
Water- oriented uses I X I X I P I P I P I
P
P
MINING
General I X I X I X I X I X I
X I
X
Dredging I X I x l x I x l x
X I
C
PARKING ACCESSORY
Parking areas limited to the minimum necessary X P X P X
P
X
to support permitted or conditional uses
RECREATION
Recreation facilities (commercial indoor)
I X I X I X I P I X I
P(11) I
X
Recreation facilities (commercial outdoor)
I X I X I C (12) I C I X I
X I
X
Recreation facilities, including boat launching P (1) P C (12) C P (3)
P
P (5)
(public)
RESIDENTIAL SINGLE FAMILYIMULTI- FAMILY
Dwelling I X (10) I P I X I P I X I
X I
X
Houseboats I X I X I X I X I X I
X
I
X
Live- aboards I X I X I X I X I X I
X
P
TRANSPORTATION
General I C I C I C C I C I
C I
C (5)
Park ride lots I X I X I X I C (9) I X I
C (9) I
X
UTILITIES
General (9) I C I P I C I P I C I
P I
C
Hydroelectric and private utility power X X X X X
X
X
generating plants
*This matrix is a summary. Individual notes modify standards in this matrix.
Detailed use
standards are found in the text of this chapter. Permitted or conditional uses listed herein
may
also require a shoreline substantial development permit and other permits.
(1) Additional permitted uses found at TMC 18.44.040 are allowed in the buffer.
(2) Additional permitted uses found at TMC 18.44.050 are allowed in the buffer.
(3) Additional permitted uses found at TMC 18.44.060 are allowed in the buffer.
(4) Commercial uses mean those uses that are involved in wholesale, retail,
service
and
business trade. Examples include office, restaurants, brew pubs, medical, dental
and
veterinary clinics, hotels, retail sales, hotel /motels, and warehousing.
(5) Permitted only if water dependent.
(6) Subject to compliance with state siting criteria RCW Chapter 70.105
(See
also
Environmental Regulations, TMC 18.44.090).
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(7) Industrial uses mean those uses that are facilities for manufacturing, processing,
assembling and /or storing of finished or semi finished goods with supportive office and
commercial uses. Examples include manufacturing, processing and /or assembling such
items as electrical or mechanical equipment, previously manufactured metals, chemicals,
light metals, plastics, solvents, soaps, wood, machines, food, pharmaceuticals, previously
prepared materials; warehousing and wholesale distribution; sales and rental of heavy
machinery and equipment; and internet data centers.
(8) Non water oriented uses may be allowed as a permitted use where the City determines
that water dependent or water enjoyment use of the shoreline is not feasible due to the
configuration of the shoreline and water body.
(9) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative
to locating the use within shoreline jurisdiction.
(10) Additional development may be allowed consistent with TMC 18.44.130 E. 2. f. A shoreline
conditional use permit is required for water oriented accessory structures that exceed the
height limits of the Shoreline Residential Environment.
(11) Limited to athletic or health clubs.
(12) Permitted only if water oriented.
C. In addition to the matrix above, the following general use requirements also
apply to all development within the shoreline jurisdiction. Additional requirements
controlling specific uses are set forth for each Shoreline Environment designation, to
implement the purpose of the respective Shoreline Environment designations.
1. The first priority for City -owned property within the shoreline jurisdiction
shall be reserved for water dependent uses including but not limited to habitat
restoration, followed by water enjoyment uses, public access, passive recreation,
passive open space uses, or public educational purposes.
2. No hazardous waste handling, processing or storage is allowed within the
SMA shoreline jurisdiction, unless incidental to a use allowed in the designated
shoreline environment and adequate controls are in place to prevent any releases to the
shoreline /river.
3. Overwater structures, shall not cause a net loss of ecological function,
interfere with navigation or flood management, or present potential hazards to
downstream properties or facilities. They shall comply with the standards in the
Overwater Structures Section of TMC Section 18.44.070(K).
4. Parking as a primary use is not permitted, except for existing Park and
Ride lots, where adequate stormwater collection and treatment is in place to protect
water quality. Parking is permitted only as an accessory to a permitted or conditional
use in the shoreline jurisdiction.
5. All development, activities or uses, unless it is an approved overwater,
flood management structure or shoreline restoration project, shall be prohibited
waterward of the OHWM.
Section 3. Shoreline Residential Environment Uses Adopted. TMC Section
18.44.040 is hereby amended to read as follows:
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18.44.040 Shoreline Residential Environment —Uses
A. Shoreline Residential Buffer Delineated Uses. The Shoreline Residential
River Buffer shall consist of the area needed to achieve a 2.5:1 slope of the river bank,
measured from the toe of the bank to the top of the bank, plus 20 linear feet measured
from the top of the bank landward; provided, that in no case shall the Shoreline
Residential Buffer be less than 50 feet landward of the OHWM.
1. Permitted Uses. No uses or structures are permitted in the Shoreline
Residential Buffer except for the following:
a. Shoreline restoration projects.
b. Over -water structures subject to the standards in the Over -water
Structures Section associated with water dependent uses, public access, recreation,
flood control or channel management. Private, single residence piers for the sole use of
the property owner shall not be considered an outright use on the shoreline. A dock
may be allowed when the applicant has demonstrated a need for moorage and that the
following alternatives have been investigated and are not available or feasible:
(1) commercial or marina moorage,
(2) floating moorage buoys;
(3) joint use moorage pier /dock.
c. Public parks, recreation and open space.
d. Public pedestrian bridges.
e. Public and /or private promenades, footpaths or trails.
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height or 25 square feet in
area or block views to the shoreline from adjacent properties.
g. Signs conforming to the development standards of this chapter.
h. Construction, maintenance or re- development of levees for flood
control purposes, provided that any new or redeveloped levee shall meet the applicable
levee requirements of this chapter.
Vehicle bridges, only if connecting public rights -of -way.
j. Utility towers and utilities, except the provision, distribution, collection,
transmission or disposal of refuse.
k. Fire lanes when co- located with levee maintenance roads.
I. New shoreline stabilization utilizing the development standards in TMC
Section 18.44.070(F).
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m. Water dependent uses and their structures, as long as there is no net
loss of shoreline ecological function.
n. Fences, provided the maximum height of a fence along the shoreline is
four feet and the fence does not extend waterward beyond the top of the bank. Chain
link fences must be vinyl coated.
o. Existing essential streets, roads and rights -of -way may be maintained
or improved.
p. Outdoor storage, only in conjunction with a water dependent use.
q. Water- oriented essential public facilities, both above and below
ground.
r. Non water oriented essential public facilities, both above and below
ground, provided it has been documented that no feasible location is available outside
of the buffer.
s. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
t. Patios or decks not exceeding 18 inches in height, limited to a
maximum 200 square feet and 50% of the width of the river frontage. Decks or patios
must be located landward of the top of the bank and be constructed to be pervious and
of environmentally friendly materials. If a deck or patio will have an environmental
impact in the shoreline buffer, then commensurate mitigation shall be required.
u. Support facilities for above or below ground utilities or pollution control,
such as outfall facilities or other facilities that must have a physical connection to the
shoreline to provide their support function, provided they are located at or below grade
and as far from the OHWM as technically feasible.
2. Conditional Uses. Only the following may be allowed as a Conditional
Use in the Shoreline Residential River Buffer subject to the requirements, procedures
and conditions established by TMC Chapter 18.64 and shall be reviewed through a
Shoreline Conditional Use Permit:
a. Dredging activities when in compliance with all federal and state
regulations, when necessary for navigation or remediation of contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for
assuring safe and efficient accommodation of existing navigational uses and then only
when significant ecological impacts are minimized and when mitigation is provided.
Maintenance dredging of established navigation channels and basins is restricted to
maintaining previously dredged and /or existing authorized location, depth and width.
Dredging of bottom materials for the purpose of obtaining fill material is prohibited.
c. New private vehicle bridges.
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d. Fill minimally necessary to support water dependent uses, public
access, or for the alteration or expansion of a transportation facility of statewide
significance currently located on the shoreline when it is demonstrated that alternatives
to fill are not feasible.
e. Bridges, approved above ground utility structures, and water
dependent uses and their structures greater than 35 feet in height.
B. Shoreline Residential Environment Outside of Buffer Permitted Uses.
The following uses are permitted within the Shoreline Residential Environment outside
of the Shoreline Residential River Buffer. Uses shall meet the purposes and criteria of
the Shoreline Environment Designation section.
1. Permitted Uses. The Shoreline Residential Environment shall contain
residential, recreational and limited commercial uses and accessory uses as allowed in
the underlying zoning district. In addition, the Shoreline Residential Environment shall
allow the following uses:
a. All uses permitted in the Shoreline Residential River Buffer.
b. For non residential uses, parking /loading and storage facilities located
to the most upland portion of the property and adequately screened and /or landscaped
in accordance with the Vegetation Protection and Landscaping section.
c. Railroad tracks.
d. Public or private roads.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying
zone may be allowed subject to the requirements, procedures and conditions
established by TMC Chapter 18.64. A Shoreline Conditional Use Permit is required.
Section 4. Urban Conservancy Environment Uses Adopted. TMC Section
18.44.050 is hereby amended to read as follows:
18.44.050 Urban Conservancy Environment Uses
A. Urban Conservancy Environment Buffer Delineated. The Urban
Conservancy Environment Buffer shall consist of that area measured 100 feet landward
of the OHWM for non leveed portions of the river, and that area measured 125 feet
landward from the OHWM for leveed portions of the river.
B. Urban Conservancy Environment Buffer Uses.
1. Permitted Uses. The following uses are permitted in the Urban
Conservancy River Buffer:
a. Shoreline restoration projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section, TMC Section 18.44.070(K), that are associated with water-
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dependent uses, public access, recreation, flood control, channel management or
ecological restoration.
c. Public parks, recreation and open space.
d. Public and /or private promenades, footpaths or trails.
e. Public pedestrian bridges.
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and 25 square feet in
area and views of the shoreline are not blocked from adjacent properties.
g. Signs conforming to the development standards of this chapter.
h. Construction, maintenance or re- development of levees for flood
control purposes, provided that any new or re- developed levee shall meet the applicable
levee requirements of this chapter.
i. New vehicle bridges: permitted only if connecting public rights -of -way;
existing public or private vehicle bridges may be maintained or replaced.
j. Utility towers and utilities, except the provision, distribution, collection,
transmission or disposal of refuse.
k. Levee maintenance roads.
I. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and enhancing pedestrian
access along the river and for landscaping purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section, TMC Section 18.44.070(F).
or improved.
n. Existing essential streets, roads and rights -of -way may be maintained
o. Water- dependent commercial and industrial development, if permitted
by the underlying zoning district.
p. Support facilities for above or below ground utilities or pollution control,
such as outfall facilities or other facilities that must have a physical connection to the
shoreline to provide their support function, provided they are located at or below grade
and as far from the OHWM as technically feasible.
q. Outdoor storage, only in conjunction with a water dependent use.
ground.
r. Water- oriented essential public facilities, both above and below
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s. Non water oriented essential public facilities, both above and below
ground, provided it has been documented that no feasible location is available outside
of the buffer.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
u. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such as ponds, piping,
filter systems and outfalls vested as of the effective date of this program or if no feasible
alternative location exists. Any regional detention facility located in the buffer shall be
designed such that a fence is not required, planted with native vegetation, designed to
blend with the surrounding environment, and provide design features that serve both
public and private use, such as an access road that can also serve as a trail. The
facility shall be designed to locate access roads and other impervious surfaces as far
from the river as practical.
2. Conditional Uses. Only the following may be allowed as a Conditional
Use in the Shoreline Urban Conservancy Environment Buffer, subject to the
requirements, procedures and conditions established by TMC Chapter 18.64 and shall
be reviewed through a Shoreline Conditional Use Permit:
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant ecological
impacts are minimized and when mitigation is provided.
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill material is
prohibited. Dredging activities must comply with all federal and state regulations.
c. New private vehicle bridges.
d. Fill minimally necessary to support water dependent uses, public
access, or for the alteration or expansion of a transportation facility of statewide
significance currently located on the shoreline when it is demonstrated that alternatives
to fill are not feasible.
C. Urban Conservancy Environment Outside of Buffer Uses. The following
uses are permitted in the Urban Conservancy Environment, outside of the Urban
Conservancy Environment Buffer. Uses shall meet the purposes and criteria of the
Urban Conservancy Environment as established in the Shoreline Environment
Designation section.
1. Permitted Uses. All uses permitted in the Urban Conservancy
Environment Buffer and /or the Shoreline Use Matrix may be allowed.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying
zone may be allowed subject to the requirements, procedures and conditions
established by TMC Chapter 18.64. A Shoreline Conditional Use Permit shall be
required.
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D. Urban Conservancy Buffer Width Reduction. The Director may reduce the
Urban Conservancy Environment Buffer as follows:
1. For property located within the 100 -foot buffer in non -levee portions of the
river, the Urban Conservancy Environment Buffer may be reduced to that area occupied
by the river bank plus 20 feet measured landward from the top of the bank, provided
however, that the applicant must first re -slope the river bank to 2.5:1, provide a 20 -foot
setback from the top of the new slope and vegetate both the river bank and the 20 -foot
setback area in accordance with the standards in TMC Section 18.44.080, and provided
that the Director determines that any buffer reduction will not result in direct, indirect or
long -term adverse impacts to shoreline ecosystem functions. Further, a buffer
enhancement plan, including removal of invasive plants and plantings using a variety of
native vegetation that improves the functional attributes of the buffer and provides
additional protection for the watercourse functions, must be approved by the Director
and implemented by the applicant as a condition of the reduction. In no case shall the
reduced buffer be less than 50 feet.
2. For property located within the 125 -foot buffer along leveed portions of the
river, the Urban Conservancy Environment Buffer may be reduced to that area occupied
by levee or river bank improvements meeting the minimum levee profile or other levee
standards provided in this chapter, plus 10 feet measured landward from the landward
toe of the levee or (if permitted by this chapter) floodwall. In the event that the owner
provides the City with a 10 -foot levee maintenance easement, measured landward from
the landward toe of the levee or levee wall and prohibiting the construction of any
structures and allows the City to access the area to inspect the levee, then the buffer
shall be reduced to the landward toe of the levee, or landward edge of the levee
floodwall, as the case may be.
3. If fill is placed along the back slope of a new levee, the Urban Conservancy
Environment Buffer may be reduced to the point where the ground plane intersects the
back slope of the levee; provided, that the property owner must grant the City a levee
maintenance easement measured 10 feet landward from the landward toe of the levee
or levee wall, and which easement prohibits the construction of any structures and
allows the City to access the area to inspect the levee and /or wall and make any
necessary repairs.
Section 5. High Intensity Environment Uses Adopted. TMC Section
18.44.060 is hereby amended to read as follows:
18.44.060 High Intensity Environment Uses
A. High Intensity Environment Buffer Delineated. The High Intensity
Environment Buffer shall consist of an area measured 100 feet landward from the
OHWM. The remaining area of shoreline jurisdiction is non -buffer area.
B. High Intensity Environment Buffer Uses.
1. Permitted Uses. The following uses are permitted in the High Intensity
River Buffer:
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a. Shoreline restoration projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent uses, public access,
recreation, flood control, channel management or ecological restoration.
c. Public parks, recreation and open space.
d. Public and /or private promenades, footpaths or trails.
e. Public pedestrian bridges.
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and 25 square feet in
area and no views of the shoreline are blocked from adjacent properties.
g. Signs conforming to the development standards of this chapter.
h. Construction, maintenance or re- development of levees for flood
control purposes, provided that any new or re- developed levee shall meet the applicable
levee requirements of this chapter.
i. New vehicle bridges: permitted only if connecting public rights -of -way;
existing public or private vehicle bridges may be maintained or replaced.
j. Utility towers and utilities, except the provision, distribution, collection,
transmission or disposal of refuse.
k. Levee maintenance roads.
I. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and enhancing pedestrian
access along the river and for landscaping purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section, TMC Section 18.44.070(F).
n. Existing essential streets, roads and rights -of -way may be maintained
or improved.
o. Water- dependent commercial and industrial development, if permitted
by the underlying zoning district.
p. Support facilities for above or below ground utilities or pollution control,
such as outfall facilities or other facilities that must have a physical connection to the
shoreline to provide their support function, provided they are located at or below grade
and as far from the OHWM as technically feasible.
ground.
q. Outdoor storage, only in conjunction with a water dependent use.
r. Water- oriented essential public facilities, both above and below
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s. Non water oriented essential public facilities, both above and below
ground, provided it has been documented that no feasible location is available outside
of the buffer.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
u. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such as ponds, piping,
filter systems and outfalls vested as of the effective date of this program or if no feasible
alternative location exists. Any regional detention facility located in the buffer shall be
designed such that a fence is not required, planted with native vegetation, designed to
blend with the surrounding environment, and provide design features that serve both
public and private use, such as an access road that can also serve as a trail. The
facility shall be designed to locate access roads and other impervious surfaces as far
from the river as practical.
2. Conditional Uses. Only the following may be allowed as a Conditional
Use in the Shoreline High Intensity Environment Buffer subject to the requirements,
procedures and conditions established by TMC Chapter 18.64. A Shoreline Conditional
Use Permit shall be required.
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant ecological
impacts are minimized and when mitigation is provided.
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill material is
prohibited. Dredging activities must comply with all federal and state regulations.
c. New private vehicle bridges.
d. Fill minimally necessary to support water dependent uses, public
access, or for the alteration or expansion of a transportation facility of statewide
significance currently located on the shoreline when it is demonstrated that alternatives
to fill are not feasible.
C. Shoreline Urban High Intensity Environment Uses. The Shoreline High
Intensity Environment shall consist of the remaining area within the 200 foot Shoreline
Jurisdiction that is not within the Shoreline High Intensity Environment Buffer area.
Uses shall meet the purposes and criteria of the Shoreline Environment Designations
section.
1. Permitted Uses. All uses permitted in the High Intensity Environment
Buffer and /or the Shoreline Use Matrix may be allowed.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying
zone may be allowed subject to the requirements, procedures and conditions
established by TMC Chapter 18.64. A Shoreline Conditional Use Permit shall be
required.
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D. Shoreline High Intensity Environment Buffer Reduction. The Director may
reduce the High Intensity Environment Buffer where the applicant re- slopes the river
bank to be no steeper than 3:1 above the OHWM, provides a 20 -foot setback from the
top of the new slope, vegetates both the river bank and the 20 -foot setback area in
accordance with the standards in the Vegetation Protection and Landscaping Section,
and the Director determines there will be no net loss of shoreline ecological functions.
In no case shall the reduced buffer be less than 50 feet. On properties where the bank
slope currently is no steeper than 3:1 or where the property owner has already re-
sloped the river bank, provided a 20 -foot setback and vegetated the bank and setback
as provided in this chapter, the buffer width will be the distance measured from the
OHWM to the top of the bank, plus 20 feet.
Section 6. Aquatic Environment Uses Adopted. A new TMC Section
18.44.065 pertaining to shoreline regulations for uses within the Aquatic Environment is
hereby established to read as follows:
18.44.065 Aquatic Environment —Uses
A. Aquatic Environment Delineated. The Aquatic Environment consists of all
water bodies within the City limits and its potential annexation areas under the
jurisdiction of the Shoreline Management Act waterward of the Ordinary High Water
Mark. The Aquatic Environment includes the water surface together with the underlying
lands and the water column.
B. Permitted Uses. The following uses are permitted in the Aquatic Environment.
Uses and activities within the Aquatic Environment must be compatible with the
adjoining shoreline environment:
1. Shoreline restoration projects.
2. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent uses, public access,
recreation, flood control, channel management or ecological restoration.
3. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the applicable levee regulations
of this chapter.
4. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section.
5. Water- dependent commercial and industrial development, if permitted by
the underlying zoning district.
6. Boats moored at a dock or marina. No boats may be moored on tidelands
or in the river channel. No live abeards peFmitte
7. Fill for ecological restoration.
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C. Conditional Uses. Only the following may be allowed as a Conditional Use in
the Shoreline Aquatic Environment Buffer subject to the requirements, procedures and
conditions established by this program:
1. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant ecological
impacts are minimized and when mitigation is provided.
2. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill material is
prohibited. Dredging activities must comply with all federal and state regulations.
3. Fill minimally necessary to support water dependent uses, public access,
or for the alteration or expansion of a transportation facility of statewide significance
currently located on the shoreline when it is demonstrated that alternatives to fill are not
feasible.
Section 7. Development Standards. TMC Section 18.44.070 is hereby amended
to read as follows:
18.44.070 Development Standards
A. Applicability. The development standards of this chapter apply to work that
meets the definition of substantial development except for vegetation removal per TMC
Section 18.44.080, which applies to all shoreline development. The term "substantial
development" applies to non conforming, new or re- development. Non conforming uses,
structures, parking lots and landscape areas, will be governed by the standards in TMC
Section 18.44.130(E), "Non- Conforming Development."
B. Shoreline Residential Development Standards. A shoreline substantial
development permit is not required for construction within the Shoreline Residential
Environment by an owner, lessee or contract purchaser of a single family residence for
his /her own use or for the use of a family member. Such construction and all normal
appurtenant structures must otherwise conform to this chapter. Short subdivisions and
subdivisions are not exempt from obtaining a Shoreline Substantial Development
Permit.
1. Shoreline Residential Environment Standards. The following standards
apply to the Shoreline Residential Environment:
a. The development standards of the applicable underlying zoning district
(Title 18, Tukwila Municipal Code) shall apply.
b. New development and uses must be sited so as to allow natural bank
inclination of 2.5 :1 slope with a 20 -foot setback from the top of the bank. The Director
may require a riverbank analysis as part of any development proposal.
c. Utilities such as pumps, pipes, etc., shall be suitably screened with
native vegetation per the standards in the Vegetation Protection and Landscaping
Section.
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d. New shoreline stabilization,
modifications to the river bank must comply
Stabilization Section, TMC Section 18.44.070(F)
repair of existing stabilization or
with the standards in the Shoreline
e. Short plats of five to nine lots or formal subdivisions must be designed
to provide public access to the river in accordance with the Public Access Section, TMC
Section 18.44.100. Signage is required to identify the public access point(s).
f. Parking facilities associated with single family residential development
or public recreational facilities are subject to the specific performance standards set
forth in the Off Street Parking Section, TMC Section 18.44.070(1).
g. Fences, freestanding walls or other structures normally accessory to
residences must not block views of the river from adjacent residences or extend
waterward beyond the top of the bank. Chain link fencing must be vinyl coated.
h. Recreational structures permitted in the buffer must provide buffer
mitigation.
i. The outside edge of surface transportation facilities, such as railroad
tracks, streets, or public transit shall be located no closer than 50 feet from the OHWM,
except where the surface transportation facility is bridging the river.
j. Except for bridges, approved above ground utility structures, and
water dependent uses and their structures, the maximum height for structures shall be
30 feet. For bridges, approved above ground utility structures, and water dependent
uses and their structures, the height limit shall be as demonstrated necessary to
accomplish the structure's primary purpose. Bridges, approved above ground utility
structures, and water dependent uses and their structures greater than 35 feet in height
require approval of a Shoreline Conditional Use Permit.
2. Design Review. Design review is required for non residential
development in the Shoreline Residential Environment.
C. High Intensity, Urban Conservancy and Aquatic Environment
Development Standards.
1. Standards. The following standards apply in the High Intensity, Urban
Conservancy and Aquatic Environments.
a. The development standards for the applicable underlying zoning
district (Title 18, Tukwila Municipal Code) shall apply.
b. All new development performed by public agencies, or new multi-
family, commercial, or industrial development shall provide public access in accordance
with the standards in the Public Access Section.
c. Development or re- development of properties in areas of the shoreline
armored with revetments or other hard armoring other than levees, or with non armored
river banks, must comply with the Vegetation Protection and Landscaping Section, TMC
Section 18.44.080.
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d. Any new shoreline stabilization or repairs to existing stabilization must
comply with Shoreline Stabilization Section, TMC Section 18.44.070(F).
e. Over -water structures shall be allowed only for water dependent uses
and the size limited to the minimum necessary to support the structure's intended use
and shall result in no net loss to shoreline ecological function. Over -water structures
must comply with the standards in the Over -water Structures Section, TMC Section
18.44.070(K).
2. Setbacks and Site Configuration.
a. The yard setback adjacent to the river is the buffer width established
for the applicable shoreline environment.
b. A fishing pier, viewing platform or other outdoor feature that provides
access to the shoreline is not required to meet a setback from the OHWM.
3. Height Restrictions. Except for bridges, approved above ground utility
structures, and water dependent uses and their structures, to preserve visual access to
the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the
maximum height for structures shall be as follows:
a. 15 feet where located within the River Buffer;
b. 45 feet between the outside landward edge of the River Buffer and 200
feet of the OHWM.
c. Provided, no permit shall be issued for any new or expanded building
or structure of more than 35 feet above average grade level on shorelines of the State
that will obstruct the view of a substantial number of residences on areas adjoining such
shorelines. For any building that is proposed to be greater than 35 feet in height in the
shoreline jurisdiction, the development proponent must demonstrate the proposed
building will not block the views of a substantial number of residences. The Director
may approve a 15% increase in height if the project proponent provides additional
restoration and /or enhancement of the shoreline buffer, beyond what may otherwise be
required in accordance with the standards of TMC Section 18.44.080, "Vegetation
Protection and Landscaping." If the required buffer has already been restored, the
project proponent may provide a 20% wider buffer, and /or enhanced in order to obtain
the 15% increase in height in accordance with TMC Section 18.44.080, "Vegetation
Protection and Landscaping."
4. Lighting. In addition to the lighting standards in TMC Chapter 18.60,
"Board of Architectural Review," lighting for the site or development shall be designed
and located so that:
a. The minimum light levels in parking areas and paths between the
building and street shall be one -foot candle.
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b. Lighting shall be designed to prevent light spillover and glare on
adjacent properties and on the river channel, be directed downward so as to illuminate
only the immediate area, and be shielded to eliminate direct off -site illumination.
c. The general grounds need not be lighted.
d. The lighting is incorporated into a unified landscape and /or site plan.
D. Surface Water and Water Quality. The following standards apply to all
shoreline development.
1. New surface water systems may not discharge directly into the river or
streams tributary to the river without pre- treatment to reduce pollutants and meet State
water quality standards.
2. Such pre- treatment may consist of biofiltration, oil /water separators, or
other methods approved by the City of Tukwila Public Works Department.
3. Shoreline development, uses and activities shall not cause any increase in
surface runoff, and shall have adequate provisions for storm water detention /infiltration.
4. Stormwater outfalls must be designed so as to cause no net loss of
shoreline ecological functions or adverse impacts where functions are impaired. New
stormwater outfalls or maintenance of existing outfalls must include shoreline
restoration as part of the project.
5. Shoreline development and activities shall have adequate provisions for
sanitary sewer.
6. Solid and liquid wastes and untreated effluents shall not be allowed to
enter any bodies of water or to be discharged onto shorelands.
7. The use of low impact development techniques is required, unless such
techniques conflict with other provisions of the SMP or are shown to not be feasible due
to site conditions.
E. Flood Hazard Reduction. The following standards apply to all shoreline
development.
1. New structural flood hazard reduction structures shall be allowed only
when it can be demonstrated by a Riverbank Analysis that:
a. They are necessary to protect existing development,
b. Non structural measures are not feasible; and
c. Impacts to ecological functions and priority species and habitats can
be successfully mitigated so as to assure no net loss.
2. Flood hazard structures must incorporate appropriate vegetation
restoration and conservation actions consistent with the standards of the Vegetation
Protection and Landscaping Section.
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3. Levees, berms and similar flood control structures, whether new or
redeveloped, shall be designed to meet the minimum levee profile, except as provided
in Section 18.44.070.E.10 below.
4. Publicly- funded structural measures to reduce flood hazards shall improve
public access or dedicate and provide public access unless public access
improvements would cause unavoidable health or safety hazards to the public, inherent
and unavoidable security problems, or significant ecological impacts that cannot be
mitigated.
5. Rehabilitation or replacement of existing flood control structures, such as
levees, with a primary purpose of containing the 1 annual chance flood event, shall be
allowed where it can be demonstrated by an engineering analysis that the existing
structure:
a. Does not provide an appropriate level of protection for surrounding
lands; or
b. Does not meet the minimum levee profile or other appropriate
engineering design standards for stability (e.g., over steepened side slopes for existing
soil and /or flow conditions); and
c. Repair of the existing structure will not cause or increase significant
adverse ecological impacts to the shoreline.
6. Rehabilitated or replaced flood hazard reduction structures shall not extend
the toe of slope any further waterward of the OHWM than the existing structure.
7. New structural flood hazard reduction measures, such as levees, berms
and similar flood control structures shall be placed landward of the floodway as
determined by the best information available.
8. New, redeveloped or replaced structural flood hazard reduction measures
shall be placed landward of associated wetlands, and designated fish and wildlife
habitat conservation areas.
9. No commercial, industrial, office or residential development shall be
located within a floodplain without a Flood Control Zone Permit issued by the City. No
development shall be located within a floodway except as otherwise permitted.
10. New, redeveloped or replaced flood hazard reduction structures may
deviate from the minimum levee profile only as follows. A floodwall may be substituted
for all or a portion of a levee back slope only where necessary to avoid encroachment or
damage to a structure legally constructed prior to the date of adoption of this
subsection, and which structure has not lost its nonconforming status. The floodwall
shall be designed to be the minimum necessary to provide 10 feet of clearance between
the levee and the building, or the minimum necessary to preserve access needed for
building functionality while meeting all engineering safety standards. .A floodwall may
also be used where necessary to prevent the levee from encroaching upon a railroad
easement recorded prior to the date of adoption of this subsection. If a floodwall is
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permitted under this subsection the levee slope must be 2.5HAV unless it is not
physically possible to achieve such a slope; in that instance, the levee slope must be as
close to 2.5H:1 V as physically possible.
F. Shoreline Stabilization. The provisions of this section apply to those
structures or actions intended to minimize or prevent erosion of adjacent uplands and /or
failure of riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline
stabilization or armoring involves the placement of erosion resistant materials (e.g.,
large rocks and boulders, cement, pilings and /or large woody debris (LWD)) or the use
of bioengineering techniques to reduce or eliminate erosion of shorelines and risk to
human infrastructure. This form of shoreline stabilization is distinct from flood control
structures and flood hazard reduction measures (such as levees). The terms "shoreline
stabilization," "shoreline protection" and "shoreline armoring" are used interchangeably
1. Shoreline protection shall not be considered an outright permitted use and
shall be permitted only when it has been demonstrated through a riverbank analysis and
report that shoreline protection is necessary for the protection of existing legally
established structures and public improvements.
2. New development and re- development shall be designed and configured
on the lot to avoid the need for new shoreline stabilization. Removal of failing shoreline
stabilization shall be incorporated into re- development design proposals wherever
feasible.
3. Replacement of lawfully established, existing bulkheads or revetments are
subject to the following priority system:
a. The first priority for replacement of bulkheads or revetments shall be
landward of the existing bulkhead.
b. The second priority for replacement of existing bulkheads or
revetments shall be to replace in place (at the bulkhead's existing location).
4. When evaluating a proposal against the above priority system, at a
minimum the following criteria shall be considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads,
d. Impact to shoreline ecological functions, and,
e. Impact to river hydraulics, potential changes in geomorphology, and to
other areas of the shoreline.
5. Proponents of new or replacement hard shoreline stabilization (e.g.
bulkheads or revetments) must demonstrate through a documented river bank analysis
that bioengineered shoreline protection measures or bioengineering erosion control
designs will not provide adequate upland protection of existing structures or would pose
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a threat or risk to adjacent property. The study must also demonstrate that the
proposed hard shoreline stabilization will not adversely affect other infrastructure or
adjacent shorelines.
6. Where allowed, shoreline armoring shall be designed, constructed and
maintained in a manner that does not result in a net loss of shoreline ecological
functions, including fish habitat, and shall conform to the requirements of the 2004
Washington State Department of Fish and Wildlife (or as amended) criteria and
guidelines for integrated stream bank protection (Washington State Department of Fish
and Wildlife, Washington Department of Ecology and U.S. Fish and Wildlife Service,
Olympia, Washington), U. S. Army Corps of Engineers and other regulatory
requirements. The hard shoreline stabilization must be designed and approved by an
engineer licensed in the State of Washington and qualified to design shoreline
stabilization structures.
7. Shoreline armoring shall be designed to the minimum size, height, bulk and
extent necessary to remedy the identified hazard.
8. An applicant must demonstrate the following in order to qualify for the RCW
90.58.030(30(e)(iii)(ii) exemption from the requirement to obtain a shoreline substantial
development permit for a proposed single family bulkhead and to insure that the
bulkhead will be consistent with the SMP:
a. Erosion from currents or waves is imminently threatening a legally
established single family detached dwelling unit or one or more appurtenant structures;
and
b. The proposed bulkhead is more consistent with the City's Master
Program in protecting the site and adjoining shorelines and that non structural
alternatives such as slope drainage systems, bioengineering or vegetative growth
stabilization, are not feasible or will not adequately protect a legally established
residence or appurtenant structure, and
c. The proposed bulkhead is located landward of the OHWM or it
connects to adjacent, legally established bulkheads; and
d. The maximum height of the proposed bulkhead is no more than one
foot above the elevation of extreme high water on tidal waters as determined by the
National Ocean Survey published by the National Oceanic and Atmospheric
Administration.
9. Bulkheads or revetments shall be constructed of suitable materials that will
serve to accomplish the desired end with maximum preservation of natural
characteristics. Materials with the potential for water quality degradation shall not be
used. Design and construction methods shall consider aesthetics and habitat protection.
Automobile bodies, tires or other junk or waste material that may release undesirable
chemicals or other material shall not be used for shoreline protection.
10. The builder of any bulkhead or revetment shall be financially responsible
for determining the nature and the extent of probable adverse effects on fish and wildlife
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or on the property of others caused by his /her construction and shall propose and
implement solutions approved by the City to minimize such effects.
11. When shoreline stabilization is required at a public access site, provision
for safe access to the water shall be incorporated in the design whenever possible.
12. Placement of bank protection material shall occur from the top of the bank
and shall be supervised by the property owner or contractor to ensure material is not
dumped directly onto the bank face.
13. Bank protection material shall be clean and shall be of a sufficient size to
prevent its being washed away by high water flows.
14. When riprap is washed out and presents a hazard to the safety of
recreational users of the river, it shall be removed by the owner of such material.
15. Bank protection associated with bridge construction and maintenance may
be permitted subject to the provisions of the SMP and shall conform to provisions of the
State Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations.
G. Archaeological, Cultural and Historical Resources. In addition to the
requirements of TMC 18.50.110, Archaeological /Paleontological Information
Preservation Requirements, the following regulations apply.
1. All land use permits for projects within the shoreline jurisdiction shall be
coordinated with affected tribes.
2. If the City determines that a site has significant archaeological, natural
scientific or historical value, a substantial development that would pose a threat to the
resources of the site shall not be approved.
3. Permits issued in areas documented to contain archaeological resources
require a site inspection or evaluation by a professional archaeologist in coordination
with affected Indian tribes. The City may require that development be postponed in
such areas to allow investigation of public acquisition potential, retrieval and
preservation of significant artifacts and /or development of a mitigation plan. Areas of
known or suspected archaeological middens shall not be disturbed and shall be fenced
and identified during construction projects on the site.
4. Developers and property owners shall immediately stop work and notify the
City of Tukwila, the Washington Department of Archaeology and Historic Preservation
and affected Indian tribes if archaeological resources are uncovered during excavation.
5. In the event that unforeseen factors constituting an emergency, as defined
in RCW 90.58.030, necessitate rapid action to retrieve or preserve artifacts or data
identified above, the project may be exempted from any shoreline permit requirements.
The City shall notify the Washington State Department of Ecology, the State Attorney
General's Office and the State Department of Archaeology and Historic Preservation
Office of such an exemption in a timely manner.
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6. Archaeological excavations may be permitted subject to the provision of
this chapter.
7. On sites where historical or archaeological resources have been identified
and will be preserved in situ, public access to such areas shall be designed and
managed so as to give maximum protection to the resource and surrounding
environment.
8. Interpretive signs of historical and archaeological features shall be provided
subject to the requirements of the Public Access Section when such signage does not
compromise the protection of these features from tampering, damage and /or
destruction.
H. Environmental Impact Mitigation.
1. All shoreline development and uses shall occur in a manner that results in
no net loss of shoreline ecological functions through the careful location and design of
all allowed development and uses. In cases where impacts to shoreline ecological
functions from allowed development and uses are unavoidable, those impacts shall be
mitigated according to the provisions of this section; in that event, the "no net loss"
standard is met.
2. To the extent Washington's State Environmental Policy Act of 1971
(SEPA), chapter 43.21C RCW, is applicable, the analysis of environmental impacts from
proposed shoreline uses or developments shall be conducted consistent with the rules
implementing SEPA (TMC Chapter 21.04 and WAC 197 -11).
3. For all development, mitigation sequencing shall be applied in the following
order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of
an action.
b. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation by using appropriate technology or by taking affirmative steps to
avoid or reduce impacts.
c. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
d. Reducing or eliminating the impact over time by preservation and
maintenance operations.
e. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments.
f. Monitoring the impact and the compensation projects and taking
appropriate corrective measures.
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4. In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority
measures are determined by the City to be infeasible or inapplicable.
5. When mitigation measures are appropriate pursuant to the priority of
mitigation sequencing above, preferential consideration shall be given to measures that
replace the impacted functions directly and in the immediate vicinity of the impact.
However, if mitigation in the immediate vicinity is not scientifically feasible due to
problems with hydrology, soils, waves or other factors, then off -site mitigation within the
Shoreline Jurisdiction may be allowed if consistent with the Shoreline Restoration Plan.
Mitigation for projects in the Transition Zone must take place in the Transition Zone. In
the event a site is not available in the Transition Zone to carry out required mitigation,
the project proponent may contribute funds equivalent to the value of the required
mitigation to an existing or future restoration project identified in the CIP to be carried
out by a public agency in the Transition Zone.
I. Off Street Parking and Loading Requirements. In addition to the parking
requirements in TMC 18.56, the following requirements apply to all development in the
shoreline jurisdiction.
1. Any parking, loading, or storage facilities located between the river and any
building must incorporate additional landscaping in accordance with the Vegetation
Protection and Landscaping Section, or berming or other site planning or design
techniques to reduce visual and /or environmental impacts from the parking areas
utilizing the following screening techniques:
a. A solid evergreen screen of trees and shrubs a minimum of six feet
high; or
b. Decorative fence a maximum of six feet high with landscaping. Chain
link fence, where allowed, shall be vinyl coated and landscaped with native trailing vine
or an approved non native vine other than ivy, except where a security or safety hazard
may exist; or
c. Earth berms at a minimum of four feet high, planted with native plants
in accordance with the Vegetation Protection and Landscaping Section.
2. Where a parking area is located in the shoreline jurisdiction and adjacent to
a public access feature, the parking area shall be screened by a vegetative screen or a
built structure that runs the entire length of the parking area adjacent to the amenity.
The landscape screening shall comply with the Vegetation Protection and Landscaping
Section.
3. Where public access to or along the shoreline exists or is proposed,
parking areas shall provide pedestrian access from the parking area to the shoreline.
4. Parking facilities, loading areas and paved areas shall incorporate low
impact development techniques wherever feasible, adequate storm water retention
areas, oil /water separators and biofiltration swales, or other treatment techniques and
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shall comply with the standards and practices formally adopted by the City of Tukwila
Public Works Department.
J. Land Altering Activities. All land altering activities in the shoreline jurisdiction
shall be in conjunction with an underlying land development permit, except for shoreline
restoration projects. All activities shall meet the following standards:
1. Clearing, Grading and Landfill.
a. Land altering shall be permitted only where it meets the following
criteria:
(1) The work is the minimum necessary to accomplish an allowed
shoreline use;
(2) Impacts to the natural environment are minimized and mitigated;
(3) Water quality, river flows and /or fish habitat are not adversely
affected;
(4) Public access and river navigation are not diminished;
(5) The project complies with all federal and state requirements;
(6) The project complies with the vegetation protection criteria of the
Vegetation Protection and Landscaping Section;
(7) The project will achieve no net loss of shoreline ecological
functions or processes. In cases where impacts to shoreline ecological functions from
an otherwise allowed land altering project are unavoidable, those impacts shall be
mitigated according to the provisions of this section. In that event, the "no net loss"
standard is met; and
(8) Documentation is provided to demonstrate that the fill comes from
a clean source.
b. Clearing, grading and landfill activities, where allowed, shall include
erosion control mechanisms, and any reasonable restriction on equipment, methods or
timing necessary to minimize the introduction of suspended solids or leaching of
contaminants into the river, or the disturbance of wildlife or fish habitats in accordance
with the standards in TMC Chapter 16.54, "Grading."
2. Dredging.
a. Dredging activities must comply with all federal and state regulations.
Maintenance dredging of established navigation channels and basins must be restricted
to maintaining previously dredged and /or existing authorized location, depth, and width.
b. Where allowed, dredging operations must be designed and scheduled
so as to ensure no net loss to shoreline ecological functions or processes. In cases
where impacts to shoreline ecological functions from allowed dredging are unavoidable,
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those impacts shall be mitigated according to the provisions of this section; in that
event, the "no net loss" standard is met.
K. Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other
Over -water Structures.
1. General Requirements.
a. Prior to issuance of a Shoreline Substantial Development Permit for
construction of piers, docks, wharves or other over -water structures, the applicant shall
present approvals from State or Federal agencies, as applicable.
b. Structures must be designed by a qualified engineer and must
demonstrate the project will result in no net loss of shoreline ecological function and will
be stable against the forces of flowing water, wave action and the wakes of passing
vessels.
c. In -water structures shall be designed and located to minimize shading
of native aquatic vegetation and fish passage areas. Removal of shoreline, riparian and
aquatic vegetation shall be limited to the minimum extent necessary to construct the
project. All areas disturbed by construction shall be replanted with native vegetation as
part of the project.
d. New or replacement in -water structures shall be designed and located
such that natural hydraulic and geologic processes, such as erosion, wave action or
floods will not necessitate the following:
(1) reinforcement of the shoreline or stream bank with new bulkheads
or similar artificial structures to protect the in -water structure; or
(2) dredging.
e. No structures are allowed on top of over -water structures except for
properties located north of the Turning Basin.
f. Pilings or other associated structures in direct contact with water shall
not be treated with preservatives unless the applicant can demonstrate that no feasible
alternative to protect the materials exists and that non -wood alternatives are not
economically feasible. In that case, only compounds approved for marine use may be
used and must be applied by the manufacturer per current best management practices
of the Western Wood Preservers Institute. The applicant must present verification that
the best management practices were followed. The preservatives must also be
approved by the Washington Department of Fish and Wildlife.
g. All over -water structures shall be constructed and maintained in a safe
and sound condition. Abandoned or unsafe over -water structures shall be removed or
repaired promptly by the owner. Accumulated debris shall be regularly removed and
disposed of properly so as not to jeopardize the integrity of the structure. Replacement
of in -water structures shall include proper removal of abandoned or other man -made
structures and debris.
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h. Boat owners who store motorized boats on -site are encouraged to use
best management practices to avoid fuel and other fluid spills.
2. Marinas, Boat Yards and Dry Docks.
a. All uses under this category shall be designed to achieve no net loss of
shoreline ecological functions. In cases where impacts to shoreline ecological functions
from uses allowed under this category are unavoidable, those impacts shall be
mitigated according to the provisions of this chapter; in that event, the "no net loss"
standard is met.
b. Commercial /industrial marinas and dry docks shall be located no
further upriver than Turning Basin #3.
c. Marinas shall be located, designed, constructed and operated to avoid
or minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation,
navigation, public access, existing in -water recreational activities and adjacent water
uses.
d. Marinas shall submit a fuel spill prevention and contingency plan to the
City for approval. Haul -out and boat maintenance facilities must meet the City's
stormwater management requirements and not allow the release of chemicals,
petroleum or suspended solids to the river.
e. Marinas, boat yards and dry docks must be located a minimum of 100
feet from fish and wildlife habitat areas (see "Sensitive Areas in the Shoreline" Map 5).
f. New marinas, launch ramps and accessory uses must be located
where water depths are adequate to avoid the need for dredging.
3. Boat Launches and Boat Lifts.
a. Boat launch ramps and vehicle access to the ramps shall be designed
to not cause erosion; the use of pervious paving materials, such as grasscrete, are
encouraged.
b. Boat launch ramps shall be designed to minimize areas of landfill or
the need for shoreline protective structures.
c. Access to the boat ramp and parking for the ramp shall be located a
sufficient distance from any frontage road to provide safe maneuvering of boats and
trailers.
d. Launching rails shall be adequately anchored to the ground.
e. Launch ramps and boat lifts shall extend waterward past the OHWM
only as far as necessary to achieve their purpose.
f. Boat lifts and canopies must meet the standards of the U.S. Army
Corps of Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and
Marine /Estuarine Waters within the State of Washington.
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4. Over -water Structures. Where allowed, over -water structures such as
piers, wharves and docks shall meet the following standards:
a. The size of new over -water structures shall be limited to the minimum
necessary to support the structure's intended use and to provide stability in the case of
floating docks. Structures must be compatible with any existing channel control or flood
management structures.
b. Over -water structures shall not extend waterward of the OHWM any
more than necessary to permit launching of watercraft, while also ensuring that
watercraft do not rest on tidal substrate at any time.
c. Adverse impacts of over -water structures on water quality, river flows,
fish habitat, shoreline vegetation, and public access shall be minimized and mitigated.
Mitigation measures may include joint use of existing structures, open decking or piers,
replacement of non native vegetation, installation of in -water habitat features or
restoration of shallow water habitat.
d. Any proposals for in -water or over -water structures shall provide a pre
construction habitat evaluation, including an evaluation of salmonid and bull trout habitat
and shoreline ecological functions, and demonstrate how the project achieves no net
loss of shoreline ecological functions.
e. Over -water structures shall obtain all necessary state and federal
permits prior to construction or repair.
f. All over -water structures must be designed by a qualified engineer to
ensure they are adequately anchored to the bank in a manner so as not to cause future
downstream hazards or significant modifications to the river geomorphology and are
able to withstand high flows.
g. Over -water structures shall not obstruct normal public use of the river
for navigation or recreational purposes.
h. Shading impacts to fish shall be minimized by using grating on at least
30% of the surface area of the over -water structure on residential areas and at least
50% of the over -water structure on all other properties. The use of skirting is not
permitted.
i. If floats are used, the flotation shall be fully enclosed and contained in
a shell (such as polystyrene) that prevents breakup or loss of the flotation material into
the water, damage from ultraviolet radiation, and damage from rubbing against pilings
or waterborne debris.
j. Floats may not rest on the tidal substrate at any time and stoppers on
the piling anchoring the floats must be installed to ensure at least 1 foot of clearance
above the substrate. Anchor lines may not rest on the substrate at any time.
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k. The number of pilings to support over -water structures, including floats,
shall be limited to the minimum necessary. Pilings shall conform to the pilings
standards contained in the US Army Corps of Engineers Regional General Permit No.
6.
I. No over -water structure shall be located closer than five feet from the
side property line extended, except that such structures may abut property lines for the
common use of adjacent property owners when mutually agreed upon by the property
owners in an easement recorded with King County. A copy of this agreement shall be
submitted to the Department of Community Development and accompany an
application for a development permit and /or Shoreline Permit.
5. Live Aboards. New over -water residences are prohibited. Live aboards
may be allowed provided that:
a. They are for single family use only.
b. They are located in a marina that provides shower and toilet facilities
on land and there are no sewage discharges to the water.
c. Live aboards do not exceed 10 percent of the total slips in the marina.
d. They are owner occupied vessels.
e. There are on -shore support services in proximity to the live aboards.
L. Signs in Shoreline Jurisdiction.
1. Signage within the shoreline buffer is limited to the following:
a. Interpretative signs.
b. Signs for water related uses.
c. Signs installed by a government agency for public safety along any
public trail or at any public park.
d. Signs installed within the rights of way of any public right -of -way or
bridge within the shoreline buffer. All signs shall meet the requirements of the Manual
on Uniform Traffic Control Devices for Streets and Highways, current edition, published
by the U.S. Department of Transportation.
e. Signs installed on utilities and wireless communication facilities
denoting danger or other safety information, including emergency contact information.
buffer.
2. Billboards and other off premise signs are strictly forbidden in the shoreline
Section 8. Vegetation Protection and Landscaping Adopted. TMC Section
18.44.080 is hereby amended to read as follows:
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18.44.080 Vegetation Protection and Landscaping
A. Purpose, Objectives and Applicability.
1. The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the
shoreline jurisdiction;
b. Establish requirements for removal of invasive plants at the time of
development or re- development of sites;
c. Establish requirements for landscaping for new development or re-
development;
d. Establish requirements for the long -term maintenance of native
vegetation to prevent establishment of invasive species and promote shoreline
ecosystem processes.
2. The City's goal is to:
a. Preserve as many existing trees as possible and increase the number
of native trees, shrubs and other vegetation in the shoreline because of their importance
to shoreline ecosystem functions as listed below:
(1) Overhead tree canopy to provide shade for water temperature
control,
(2) Habitat for birds, insects and small mammals;
(3) Vegetation that overhangs the river to provide places for fish to
shelter,
(4) Source of insects for fish;
(5) Filtering of pollutants and slowing of stormwater prior to its
entering the river; and
(6) A long -term source of woody debris for the river.
b. In addition, trees and other native vegetation are important for
aesthetics. It is the City's goal that unsightly invasive vegetation, such as blackberries,
be removed from the shoreline and be replaced with native vegetation to promote
greater enjoyment of and access to the river.
c. The City will provide information and technical assistance to property
owners for improving vegetation in the shoreline jurisdiction and will work collaboratively
with local citizen groups to assist property owners in the removal of invasive vegetation
and planting of native vegetation, particularly for residential areas.
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3. With the exception of residential development/re- development of 4 or fewer
residential units, all activities and developments within the shoreline environment must
comply with the landscaping and maintenance requirements of this section, whether or
not a shoreline substantial development permit is required. Single family residential
projects are not exempt if implementing a shoreline stabilization project or overwater
structure.
4. The tree protection and retention requirements and the vegetation manage-
ment requirements apply to existing uses as well as new or re- development
B. Tree Protection, Retention and Replacement.
1. As many significant trees and as much native vegetation as possible are to
be retained on a site proposed for development or re- development, taking into account
the condition and age of the trees. As part of design review, the Director of Community
Development or the Board of Architectural Review may require alterations in the
arrangement of buildings, parking or other elements of proposed development in order
to retain significant non invasive trees, particularly those that provide shading to the
river. Trees located on properties not undergoing development or re- development may
not be removed except those that interfere with access and passage on public trails or
that present an imminent hazard to existing structures or the public. If the hazard is not
readily apparent, the City may require an evaluation by an International Society of
Arborists (ISA)- certified arborist.
2. To protect the ecological functions that trees and native vegetation provide
to the shoreline, removal of any significant tree or native vegetation in the Shoreline
Jurisdiction requires a Shoreline Tree Removal and Vegetation Clearing Permit and is
generally only allowed on sites undergoing development or re- development. Only trees
that interfere with access and passage on public trails or trees that present an imminent
hazard to existing structures or the public may be removed from sites without an issued
building permit or Federal approval. Factors that will be considered in approving tree
removal include, but are not limited to: tree condition and health, age, risks to
structures, and potential for root or canopy interference with utilities.
3. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal
and Vegetation Clearing Permit application must be submitted to the Department of
Community Development (DCD) containing the following information:
a. A vegetation survey on a site plan that shows the diameter, species
and location of all significant trees and all existing native vegetation.
b. A site plan that shows trees and native vegetation to be retained and
trees to be removed and provides a table showing the number of significant trees to be
removed and the number of replacement trees required.
c. Tree protection zones and other measures to protect any trees or
native vegetation that are to be retained for sites undergoing development or re-
development.
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d. Location of the OHWM, river buffer, Shoreline Jurisdiction boundary
and any sensitive areas with their buffers.
e. A landscape plan that shows diameter, species name, spacing and
planting location for any required replacement trees and other proposed vegetation.
f. An arborist evaluation justifying the removal of hazardous trees if
required by DCD.
g. An application fee per the current Land Use Permit Fee resolution.
4. Where permitted, significant trees that are removed from the shoreline shall
be replaced pursuant to the tree replacement requirements shown below, up to a
density of 100 trees per acre (including existing trees). The Director or Planning
Commission may require additional trees or shrubs to be installed to mitigate any
potential impact from the loss of this vegetation as a result of new development.
Tree Replacement Requirements
Diameter* of Tree Removed *measured at
height of 4.5 feet from the ground)
4 6 inches (single trunk);
2 inches (any trunk of a multi -trunk tree)
Over 6 8 inches
Over 8 20 inches
Over 20 inches
Number of Replacement
Trees Required
3
5. The property owner is required to ensure the viability and long -term health
of trees planted for replacement through proper care and maintenance for the life of the
project. Replaced trees that do not survive must be replanted in the next appropriate
season for planting.
6. If all required replacement trees cannot be reasonably accommodated on
the site, off -site tree replacement within the shoreline jurisdiction may be allowed at a
site approved by the City. Priority for off -site tree planting will be at locations within the
Transition Zone. If no suitable off -site location is available, the applicant shall pay into a
tree replacement fund. The fee shall be based on the value of the replacement trees
and their delivery, labor for site preparation and plant installation, soil amendments,
mulch, and staking supplies.
7. When a tree suitable for use as LWD is permitted to be removed from the
shoreline buffer, the tree trunk and root ball (where possible) will be saved for use in a
restoration project elsewhere in the shoreline jurisdiction. The applicant will be
responsible for the cost of moving the removed tree(s) to a location designated by the
City. If no restoration project or storage location is available at the time, the Director
may waive this requirement. Trees removed in the shoreline jurisdiction outside the
buffer shall be placed as LWD in the buffer (not on the bank), if feasible. Priority for
LWD placement projects will be in the Transition Zone.
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8. Dead or dying trees located within the buffer or undeveloped upland portion
of the Shoreline Jurisdiction shall be left in place as wildlife snags, unless they present a
hazard to structures, facilities or the public.
9. Topping of trees is prohibited unless absolutely necessary to protect
overhead utility lines. Topping of trees will be regulated as removal and tree
replacement will be required.
10. For new development or re- development where trees are proposed for
retention, tree protection zones shall be indicated on site plans and shall be established
in the field prior to commencement of any construction or site clearing activity. A
minimum 4 feet high construction barrier shall be installed around significant trees and
stands of native trees or vegetation to be retained. Minimum distances from the trunk
for the construction barriers shall be based on the approximate age of the tree (height
and canopy) as follows:
a. Young trees (have reached less than 20% of life expectancy): 0.75
feet per inch of trunk diameter.
b. Mature trees (have reached 20 -80% of life expectancy): 1 foot per
inch of trunk diameter.
c. Over mature trees (have reached greater than 80% of life expectancy):
1.5 feet per inch of trunk diameter.
C. Landscaping. This section presents landscaping standards for the Shoreline
Jurisdiction and is divided into a general section and separate sections for the River
Buffer and for the remaining part of the Shoreline Jurisdiction for each environment
designation.
1. General Requirements. For any new development or redevelopment in
the Shoreline Jurisdiction, except single family residential development of 4 or fewer
lots, invasive vegetation must be removed and native vegetation planted and
maintained in the River Buffer, including the river bank.
a. The landscaping requirements of this subsection apply for any new
development or redevelopment in the Shoreline Jurisdiction, except: single family
residential development of 4 or fewer lots. The extent of landscaping required will
depend on the size of the proposed project. New development or full redevelopment of
a site will require landscaping of the entire site. For smaller projects, the Director will
review the intent of this section and the scope of the project to determine a reasonable
amount of landscaping to be carried out. Trees and other vegetation shading the river
shall be retained or replanted when riprap is placed per the approved tree permit, if
required.
b. Invasive vegetation must be removed as part of site preparation and
native vegetation planted, including the river bank.
c. On properties located behind publicly maintained levees, an applicant
is not required to remove invasive vegetation or plant native vegetation within the buffer.
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d. Removal of invasive species shall be done by hand or with hand -held
power tools. Where not feasible and mechanized equipment is needed, the applicant
must obtain a Shoreline Tree Removal and Vegetation Clearing Permit and show how
the slope stability of the bank will be maintained and a plan must be submitted
indicating how the work will be done and what erosion control and tree protection
features will be utilized. Federal and State permits may be required for vegetation
removal with mechanized equipment.
e. Trees and other vegetation shading the river shall be retained or
replanted when riprap is placed, as specified in the approved tree permit if a permit is
required.
f. Removal of invasive vegetation may be phased over several years
prior to planting, if such phasing is provided for by a plan approved by the Director to
allow for alternative approaches, such as sheet mulching and goat grazing. The
method selected shall not destabilize the bank or cause erosion.
g. A combination of native trees, shrubs and groundcovers (including
grasses, sedges, rushes and vines) shall be planted. The plants listed in the Riparian
Restoration and Management Table of the 2004 Washington Stream Habitat
Restoration Guidelines (Washington Department of Fish and Wildlife, Washington
Department of Ecology, and U.S. Fish and Wildlife Service, Olympia, Washington, as
amended) shall provide the basis for plant selection. Site conditions, such as
topography, exposure, and hydrology shall be taken into account for plant selection.
Other species may be approved if there is adequate justification.
h. Non native trees may be used as street trees in cases where
conditions are not appropriate for native trees (for example where there are space or
height limitations or conflicts with utilities).
i. Plants shall meet the current American Standard for Nursery Stock
(American Nursery and Landscape Association ANLA).
j. Plant sizes in the non -buffer areas of all Shoreline Environments shall
meet the following minimum size standards:
Deciduous trees 2 -inch caliper
Conifers 6 8 foot height
Shrubs 24 -inch height
Groundcover /grasses..... 4 -inch or 1 gallon container
k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes,
depending on plant species) are preferred for buffer plantings. Willow stakes must be at
least 1/2 -inch in diameter.
I. Site preparation and planting of vegetation shall be in accordance with
best management practices for ensuring the vegetation's long -term health and survival.
m. Plants may be selected and placed to allow for public and private view
corridors and /or access to the water's edge.
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n. Native vegetation in the shoreline installed in accordance with the
preceding standards shall be maintained by the property owner to promote healthy
growth and prevent establishment of invasive species. Invasive plants (such as
blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to
the approved maintenance plan.
o. Areas disturbed by removal of invasive plants shall be replanted with
native vegetation where necessary to maintain the density shown in TMC Section
18.44.080.B.4. and must be replanted in a timely manner, except where a long term
removal and re- vegetation plan, as approved by the City, is being implemented.
p. The following standards apply to utilities and loading docks located in
the shoreline jurisdiction.
(1) Utilities such as pumps, pipes, etc. shall be suitably screened with
native vegetation,
(2) Utility easements shall be landscaped with native groundcover,
grasses or other low- growing plants as appropriate to the shoreline environment and
site conditions;
(3) Allowed loading docks and service areas located waterward of the
development shall have landscaping that provides extensive visual separation from the
river.
2. River Buffer Landscaping Requirements in all Shoreline
Environments. The River Buffer in all shoreline environments shall function, in part, as
a vegetation management area to filter sediment, capture contaminants in surface water
run -off, reduce the velocity of water run -off, and provide fish and wildlife habitat.
a. A planting plan prepared by a licensed landscape architect or an
approved biologist shall be submitted to the City for approval that shows plant species,
size, number and spacing. The requirement for a landscape architect or biologist may
be waived by the Director for single family property owners (when planting is being
required as mitigation for construction of overwater structures or shoreline stabilization),
if the property owner accepts technical assistance from City staff.
b. Plants shall be installed from the OHWM to the upland edge of the
River Buffer unless site conditions would make planting unsafe.
c. Plantings close to and on the bank shall include native willows, red
osier dogwood and other native vegetation that will extend out over the water, to provide
shade and habitat functions when mature. Species selected must be able to withstand
seasonal water level fluctuations.
d. Minimum plant spacing in the buffer shall follow the River Buffer
Vegetation Planting Densities Table shown in TMC Section 18.44.080.C.2. Existing
non invasive plants may be included in the density calculations.
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e. Irrigation for buffer plantings is required for at least two dry seasons or
until plants are established. An irrigation plan is to be included as part of the planting
plan.
f. In the event that a development project allows for setback and
benching of the shoreline along an existing levee or revetment, the newly created mid
slope bench area shall be planted and maintained with a variety of native vegetation
appropriate for site conditions.
River Buffer Vegetation Planting Densities Table
Plant Material Type
Stakes /cuttings along river bank
(willows, red osier dogwood)
Shrubs
Trees
Groundcovers, grasses, sedges,
rushes, other herbaceous plants
Native seed mixes
Planting Density
1 2 feet on center or per bioengineering
method
3 5 feet on center, depending on species
15 20 feet on center, depending on species
1 1.5 feet on center, depending on species
15 25 Ibs per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High
Intensity Environments Outside of the River Buffer. For the portions of property
within the Shoreline Jurisdiction landward of the River Buffer the landscape
requirements in the General section of this chapter and the requirements for the
underlying zoning as established in TMC Chapter 18.52 shall apply except as indicated
below.
a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal
feet of required perimeter landscaping, one shrub for each 4 lineal feet of required
perimeter landscaping, and native groundcovers to cover 90% of the landscape area
within 3 years, planted at a minimum spacing of 12 inches on- center.
b. Interior Parking Lot Landscaping: Every 300 square feet of paved
surface requires 10 square feet of interior landscaping within landscape islands
separated by no more than 150 feet between islands.
c. Landscaping shall be provided at yards not adjacent to the river, with
the same width as required in the underlying zoning district. This standard may be
reduced as follows:
(1) Where development provides a public access corridor between off
site public area(s) and public shoreline areas, side yard landscaping may be reduced by
25 percent to no less than 3 feet; or
(2) Where development provides additional public access area(s) (as
allowed by the High Intensity and Urban Conservancy Environment Development
Standards) equal in area to at least 2.5% of total building area, front yard landscaping
may be reduced by 25 percent.
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D. Vegetation Management in the Shoreline Jurisdiction. The requirements of
this section apply to all existing and new development within the shoreline jurisdiction.
1. Trees and shrubs may only be pruned for safety, to maintain views or
access corridors and trails by pruning up or on the sides of trees, to maintain clearance
for utility lines, and /or for improving shoreline ecological function. This type of pruning is
exempt from any permit requirements. Topping of trees is prohibited except where
absolutely necessary to avoid interference with existing utilities.
2. Plant debris from removal of invasive plants or pruning shall be removed
from the site and disposed of properly.
3. Use of pesticides
a. Pesticides (including herbicides, insecticides, and fungicides) shall not
be used in the shoreline jurisdiction except where:
(1) Alternatives such as manual removal, biological control, and
cultural control are not feasible given the size of the infestation, site characteristics, or
the characteristics of the invasive plant species;
(2) The use of pesticides has been approved through a
comprehensive vegetation or pest management and monitoring plan;
(3) The pesticide is applied in accordance with state regulations;
(4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency; and
(5) The use of pesticides in the shoreline jurisdiction is approved in
writing by the City and the applicant presents a copy of the Aquatic Pesticide Permit
issued by the Department of Ecology or Washington Department of Agriculture.
b. Self- contained rodent bait boxes designed to prevent access by other
animals are allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses
that involve maintenance of extensive areas of turf shall provide and implement an
integrated turf management program or integrated pest management plan designed to
ensure that water quality in the river is not adversely impacted.
Section 9. Environmentally Sensitive Areas within the Shoreline Jurisdiction
Amended. TMC Section 18.44.090 is hereby amended to read as follows:
18.44.090 Environmentally Sensitive Areas within the Shoreline Jurisdiction.
A. Purpose.
1. The Growth Management Act (RCW 36.70A) requires protection of critical
areas (sensitive areas), defined as wetlands, watercourses, frequently flooded areas,
geologically hazardous areas, critical aquifer recharge areas, fish and wildlife
conservation areas, and abandoned mine areas.
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2. The purpose of protecting environmentally sensitive areas within the
shoreline jurisdiction is to:
a. Minimize development impacts on the natural functions and values of
these areas.
b. Protect quantity and quality of water resources.
c. Minimize turbidity and pollution of wetlands and fish bearing waters
and maintain wildlife habitat.
d. Prevent erosion and the loss of slope and soil stability caused by the
removal of trees, shrubs, and root systems of vegetative cover.
e. Protect the public against avoidable losses, public emergency rescue
and relief operations cost, and subsidy cost of public mitigation from landslide,
subsidence, erosion and flooding.
f. Protect the community's aesthetic resources and distinctive features of
natural lands and wooded hillsides.
g. Balance the private rights of individual property owners with the
preservation of environmentally sensitive areas.
h. Prevent the loss of wetland and watercourse function and acreage,
and strive for a gain over present conditions.
i. Give special consideration to conservation or protection measures
necessary to protect or enhance anadromous fisheries.
j. Incorporate the use of best available science in the regulation and
protection of sensitive areas as required by the state Growth Management Act,
according to WAC 365- 195 -900 through 365- 195 -925 and WAC 365- 190 -080.
3. The goal of these sensitive area regulations is to achieve no net loss of
wetland, watercourse, or fish and wildlife conservation areas or their functions.
B. Applicability, Maps and Inventories.
1. Sensitive areas located in the shoreline jurisdiction are regulated by the
Shoreline Management Program and this chapter. However, the level of protection for
the sensitive areas located in the shoreline jurisdiction shall be at least equal to that
provided in the Sensitive Areas section of the Zoning Code (TMC Chapter 18.45).
2. Sensitive areas currently identified in the shoreline jurisdiction are
discussed in the Shoreline Inventory and Characterization Report, which forms part of
the City's Shoreline Master Program. The locations are mapped on the "Sensitive
Areas in the Shoreline Jurisdiction," Map 5. This map is based on assessment of
current conditions and review of the best available information. However, additional
sensitive areas may exist within the shoreline jurisdiction and the boundaries of the
sensitive areas shown are not exact. It is the responsibility of the property owner to
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determine the presence of sensitive areas on the property and to verify the boundaries
in the field. Sensitive area provisions for abandoned mine areas do not apply as none
of these areas is located in the shoreline jurisdiction.
3. Sensitive areas comprised of frequently flooded areas and areas of seismic
instability are regulated by the Flood Zone Management Code (TMC Chapter 16.52)
and the Washington State Building Code, rather than by Section 18.44.090 of this
chapter.
C. Best Available Science. Policies, regulations and decisions concerning
sensitive areas shall rely on Best Available Science to protect the sensitive areas'
functions and values. Special consideration must be given to the conservation or
protection measures necessary to preserve or enhance anadromous fish and their
habitats. Nonscientific information may supplement scientific information, but is not an
adequate substitution for valid and available scientific information.
D. Sensitive Area Studies. An applicant for a development proposal that may
include a sensitive area and /or its buffer shall submit those studies as required by the
City and specified below to adequately identify and evaluate the sensitive area and its
buffers.
1. General Requirements.
a. A required sensitive areas study shall be prepared by a person with
experience and training in the scientific discipline appropriate for the relevant sensitive
area. A qualified professional must have obtained a B.S. or B.A. or equivalent degree in
ecology or related science, engineering, environmental studies, fisheries, geotechnical
or related field, and at least two years of related work experience.
b. The sensitive areas study shall use scientifically valid methods and
studies in the analysis of sensitive area data and shall use field reconnaissance and
reference the source of science used. The sensitive area study shall evaluate the
proposal and all probable impacts to sensitive areas.
c. It is intended that sensitive areas studies and information be utilized by
applicants in preparation of their proposals and therefore shall be undertaken early in
the design stages of a project.
2. Wetland, Watercourse and Fish and Wildlife Conservation Area
Sensitive Area Studies. At a minimum, the sensitive area study shall contain the
following information, as applicable:
a. The name and contact information of the applicant, a description of the
proposal, and identification of the permit requested,
b. A copy of the site plan for the development proposal showing: sensitive
areas and buffers and the development proposal with dimensions; clearing limits;
proposed storm water management plan; and mitigation plan for impacts due to
drainage alterations;
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c. The dates, names and qualifications of the persons preparing the study
and documentation of any fieldwork performed on the site,
d. Identification and characterization of all sensitive areas, water bodies,
and buffers adjacent to the proposed project area or potentially impacted by the
proposed project;
e. A statement specifying the accuracy of the study and assumptions
used in the study,
f. Determination of the degree of impact and risk from the proposal both
on the site and on adjacent properties;
g. An assessment of the probable cumulative impacts to sensitive areas,
their buffers and other properties resulting from the proposal;
h. A description of reasonable efforts made to apply mitigation
sequencing to avoid, minimize and mitigate impacts to sensitive areas;
Plans for adequate mitigation to offset any impacts;
j. Recommendations for maintenance, short-term and long -term
monitoring, contingency plans and bonding measures; and
k. Any technical information required by the director to assist in
determining compliance.
3. Geotechnical Studies.
a. A geotechnical study appropriate both to the site conditions and the
proposed development shall be required for development in Class 2, Class 3, and Class
4 Areas.
b. All studies shall include at a minimum a site evaluation, review of
available information regarding the site and a surface reconnaissance of the site and
adjacent areas. For Class 2 areas, subsurface exploration of site conditions is at the
discretion of the geotechnical consultant. In addition, for Class 3 and Class 4 Areas, the
study shall include a feasibility analysis for the use of infiltration on -site and a
subsurface exploration of soils and hydrology conditions. Detailed slope stability
analysis shall be done if the geotechnical engineer recommends it in Class 3 areas, and
must be done in Class 4 areas.
c. Applicants shall retain a geotechnical engineer to prepare the reports
and evaluations required in this subsection. The geotechnical report and completed site
evaluation checklist shall be prepared in accordance with generally accepted
geotechnical practices, under the supervision of and signed and stamped by the
geotechnical engineer. The report shall be prepared in consultation with the appropriate
City department. Where appropriate, a geologist must be included as part of the
geotechnical consulting team. The report shall make specific recommendations
concerning development of the site.
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d. The opinions and recommendations contained in the report shall be
supported by field observations and, where appropriate or applicable, by literature
review conducted by the geotechnical engineer which shall include appropriate
explorations, such as borings or test pits, and an analysis of soil characteristics
conducted by or under the supervision of the engineer in accordance with standards of
the American Society of Testing and Materials or other applicable standards. If the
evaluation involves geologic evaluations or interpretations, the report shall be reviewed
and approved by a geotechnical engineer.
4. Modifications or Waivers to Sensitive Area Study Requirements.
a. The Director may limit the required geographic area of the sensitive
area study as appropriate if:
(1) The applicant, with assistance from the city, cannot obtain
permission to access properties adjacent to the project area, or
(2) The proposed activity will affect only a limited part of the site.
b. The Director may allow modifications to the required contents of the
study where, in the judgment of a qualified professional, more or less information is
required to adequately address the potential sensitive area impacts and required
mitigation.
c. If there is written agreement between the Director and the applicant
concerning the sensitive area classification and type, the Director may waive the
requirement for sensitive area studies provided that no adverse impacts to sensitive
areas or buffers will result. There must be substantial evidence that the sensitive areas
delineation and classification are correct, that there will be no detrimental impact to the
sensitive areas or buffers, and that the goals, purposes, objectives and requirements of
the Shoreline Management Program will be followed.
E. Procedures. When an applicant submits an application for any building permit,
subdivision, short subdivision or any other land use review that approves a use,
development or future construction, the location and dimensions of all sensitive areas
and buffers on the site shall be indicated on the plans submitted. When a sensitive area
is identified, the following procedures apply.
1. The applicant shall submit the relevant sensitive area study as required by
this chapter.
2. The Department of Community Development will review the information
submitted in the sensitive area studies to verify the information, confirm the nature and
type of the sensitive area, and ensure the study is consistent with the Shoreline Master
Program. At the discretion of the Director, sensitive area studies may undergo peer
review, at the expense of the applicant.
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3. Denial of use or development. A use or development will be denied if the
Director determines that the applicant cannot ensure that potential dangers and costs to
future inhabitants of the development, adjacent properties, and Tukwila are minimized
and mitigated to an acceptable level.
4. Preconstruction meeting. The applicant, specialist(s) of record,
contractor, and department representatives will be required to attend pre- construction
meetings prior to any work on the site.
5. Construction monitoring. The specialist(s) of record shall be retained to
monitor the site during construction.
6. On -site Identification. The Director may require the boundary between a
sensitive area and its buffer or between the buffer and any development or use to be
permanently identified with fencing., or with a wood or metal sign with treated wood,
concrete or metal posts. Size will be determined at the time of permitting, and wording
shall be as follows: "Protection of this natural area is in your care. Do not alter or
disturb. Please call the City of Tukwila (206- 431 -3670) for more information."
F. Wetland Determinations and Classifications.
1. Wetlands and their boundaries are established by using the Washington
State Wetland and Delineation Manual, as required by RCW 36.70A.175 (Ecology
Publication #96 -94) and consistent with the 1987 Corps of Engineers Wetland
Delineation Manual.
2. Wetland determinations shall be made by a qualified professional (certified
Wetland Scientist or non certified with at least two years of full -time work experience as
a wetland professional).
3. Wetland areas within the City of Tukwila have certain characteristics,
functions and values and have been influenced by urbanization and related
disturbances. Wetland functions include, but are not limited to the following: improving
water quality; maintaining hydrologic functions (reducing peak flows, decreasing
erosion, groundwater); and providing habitat for plants, mammals, fish, birds, and
amphibians. Wetland functions shall be evaluated using the Washington State
Functional Assessment Method.
4. Wetlands shall be designated in accordance with the Washington State
Wetlands Rating System for Western Washington (Washington State Department of
Ecology, August 2004, Publication #04 -06 -025) as Category I, II, III or IV as listed
below:
a. Category I wetlands are those that
(1) represent a unique or rare wetland type; or
(2) are more sensitive to disturbance than most wetlands; or
(3) are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or
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(4) provide a high level of functions.
The following types of wetlands listed by the Washington State Department
of Ecology and potentially found in Tukwila's Shoreline Jurisdiction are Category I:
(a) Estuarine wetlands (deepwater tidal habitats with a range of
fresh brackish marine water chemistry and daily tidal cycles, salt and brackish marshes,
intertidal mudflats, mangrove swamps, bays, sounds, and coastal rivers).
(b) Wetlands that perform many functions well and score at least
70 points in the Western Washington Wetlands Rating System.
(c) Waterfowl or shorebird areas designated by the State
Department of Fish and Wildlife.
b. Category II wetlands are difficult, though not impossible to replace and
provide high levels of some functions. These wetlands occur more commonly than
Category I wetlands, but still need a relatively high level of protection. Category II
wetlands potentially in Tukwila's Shoreline Jurisdiction include
(1) Estuarine wetlands Any estuarine wetland smaller than an acre,
or those that are disturbed and larger than 1 acre are Category II wetlands.
(2) Wetlands that perform functions well Wetlands scoring between
51 69 points (out of 100) on the questions related to the functions present are
Category II wetlands.
c. Category III wetlands have a moderate level of functions (scores
between 30 50 points). Wetlands scoring between 30 50 points generally have been
disturbed in some ways and are often less diverse or more isolated from other natural
resources in the landscape than Category II wetlands.
d. Category IV wetlands have the lowest levels of functions (scores less
than 30 points) and are often heavily disturbed. While these are wetlands that should
be able to be replaced or improved, they still need protection because they may provide
some important functions. Any disturbance of these wetlands must be considered on a
case -by -case basis.
G. Watercourse Designation and Ratings.
1. Watercourse ratings are based on the existing habitat functions and are
rated as follows:
a. Type 1 (S) Watercourse: Watercourses inventoried as Shorelines of
the State under RCW 90.58 (Green /Duwamish River).
b. Type 2 (F) Watercourse: Those watercourses that have either
perennial (year- round) or intermittent flows and support salmonid fish use.
c. Type 3 (NP) Watercourse: Those watercourses that have perennial
flows and are not used by salmonid fish.
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d. Type 4 (NS) Watercourse: Those watercourses that have intermittent
flows and are not used by salmonid fish.
2. Watercourse sensitive area studies shall be performed by a qualified
professional (hydrologist, geologist, engineer or other scientist with experience in
preparing watercourse assessments).
H. Fish and Wildlife Habitat Conservation Areas.
1. Fish and wildlife habitat conservation areas within the shoreline jurisdiction
include the habitats listed below:
a. Areas with which endangered, threatened, and sensitive species have
a primary association;
b. Habitats and species of local importance, including but not limited to
bald eagle habitat, heron rookeries, osprey nesting areas;
c. Waters of the State (i.e., the Green /Duwamish River itself);
d. State natural area preserves and natural resource conservation areas;
and
e. Areas critical for habitat connectivity.
2. The approximate location and extent of known fish and wildlife habitat
conservation areas are identified in the Shoreline Inventory and Characterization Report
and are shown on the Sensitive Areas in the Shoreline Jurisdiction map. Only the
salmon habitat enhancement project sites completed or underway are shown as Fish
and Wildlife Conservation Areas on the Sensitive Areas in the Shoreline Jurisdiction
Map. Streams are shown as watercourses. The river is not shown as a Fish and
Wildlife Habitat Conservation Area for the sake of simplicity. Fish and wildlife habitat
conservation areas correlate closely with the areas identified as regulated watercourses
and wetlands and their buffers, as well as off channel habitat areas created to improve
salmon habitat (shown on the Sensitive Areas Map) in the Shoreline jurisdiction. The
Green /Duwamish River is recognized as the most significant fish and wildlife habitat
corridor. In addition Gilliam Creek, Riverton Creek, Southgate Creek, Hamm Creek (in
the North Potential Annexation Area (PAA), and Johnson Creek (South PAA) all provide
salmonid habitat.
I. Wetland Watercourse and Fish and Wildlife Habitat Conservation Area
Buffers.
1. Purpose and Intent of Buffer Establishment.
a. A buffer area shall be established adjacent to designated sensitive
areas. The purpose of the buffer area shall be to protect the integrity, functions and
values of the sensitive areas. Any land alteration must be located out of the buffer
areas as required by this section.
b. Buffers are intended in general to:
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(1) Minimize long -term impacts of development on properties
containing sensitive areas.
(2) Protect sensitive areas from adverse impacts during development.
(3) Preserve the edges of wetlands and the banks of watercourses
and fish and wildlife habitat conservation areas for their critical habitat value.
(4) Provide an area to stabilize banks, to absorb overflow during high
water events and to allow for slight variation of aquatic system boundaries over time
due to hydrologic or climatic effects.
(5) Provide shading to watercourses and fish and wildlife habitat
conservation areas to maintain stable water temperatures and provide vegetative cover
for additional wildlife habitat.
(6) Provide input of organic debris and nutrient transport in
watercourses.
(7) Reduce erosion and increased surface water run -off.
(8) Reduce loss of or damage to property.
(9) Intercept fine sediments from surface water run -off and serve to
minimize water quality impacts.
(10) Protect the sensitive area from human and domestic animal
disturbances.
2. Establishment of Buffer Widths. The following standard buffers shall be
established:
a. Wetland buffers (measured from the wetland edge):
(1) Category I and 11 Wetland: 100 -foot buffer.
(2) Category III Wetland: 80 -foot buffer.
(3) Category IV Wetland: 50 -foot buffer.
b. Watercourse buffers (measured from the OHWM):
(1) Type 1 (S) Watercourse: The buffer width for the
Green /Duwamish River is established in the Shoreline Environment Designations of this
SMP for the three designated shoreline environments.
(2) Type 2 (F) Watercourse: 100 foot -wide buffer.
(3) Type 3 (NP) Watercourse: 80- foot -wide buffer.
(4) Type 4 (NS) Watercourse: 50- foot -wide buffer.
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c. Fish and Wildlife Habitat Conservation Areas: The buffer will be the
same as the river buffer established for each Shoreline Environment measured from the
OHWM, unless an alternate buffer is established and approved at the time a fish and
wildlife habitat restoration project is undertaken.
3. Sensitive Area Buffer Setbacks. All commercial and industrial buildings
shall be set back 15 feet and all other development shall be set back 10 feet from the
sensitive area buffer's edge. The building setbacks shall be measured from the
foundation to the buffer's edge. Building plans shall also identify a 20 -foot area beyond
the buffer setback within which the impacts of development will be reviewed. The
Director may waive setback requirements when a site plan demonstrates there will be
no adverse impacts to the buffer from construction or occasional maintenance activities.
4. Reduction of Standard Buffer Width. Except for the Green /Duwamish
River (Type 1 watercourse for which any variation in the buffer shall be regulated under
the shoreline provisions of this program), the buffer width may be reduced on a case -by-
case basis, provided the reduced buffer area does not contain slopes 15% or greater.
In no case shall the approved buffer width result in greater than a 50% reduction in
width. Buffer reduction with enhancement may be allowed as part of a Substantial
Development Permit if:
a. Additional protection to wetlands or watercourses will be provided
through the implementation of a buffer enhancement plan, and
b. The existing condition of the buffer is degraded; and
c. Buffer enhancement includes, but is not limited to, the following:
(1) Planting vegetation that would increase value for fish and wildlife
habitat or improve water quality;
(2) Enhancement of wildlife habitat by incorporating structures that are
likely to be used by wildlife, including wood duck boxes, bat boxes, snags, root
wads /stumps, birdhouses and heron nesting areas; or
(3) Removing non native plant species and noxious weeds from the
buffer area and replanting the area.
5. Increase in Standard Buffer Width. Buffers for sensitive areas will be
increased when they are determined to be particularly sensitive to disturbance or the
proposed development will create unusually adverse impacts. Any increase in the width
of the buffer shall be required only after completion of a sensitive areas study by a
qualified biologist that documents the basis for such increased width. An increase in
buffer width may be appropriate when:
a. The development proposal has the demonstrated potential for
significant adverse impacts upon the sensitive area that can be mitigated by an
increased buffer width; or
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b. The area serves as habitat for endangered, threatened, sensitive or
monitor species listed by the federal government or the State.
6. Maintenance of Vegetation in Buffers. Every reasonable effort shall be
made to maintain any existing viable native plant life in the buffers. Vegetation may be
removed from the buffer as part of an enhancement plan approved by the Director.
Enhancements will ensure that slope stability and wetland or watercourse quality will be
maintained or improved. Any disturbance of the buffers shall be replanted with a
diverse plant community of native northwest species that are appropriate for the specific
site as determined by the Director. If the vegetation must be removed, or the vegetation
becomes damaged or dies because of the alterations of the landscape, then the
applicant for a permit must replace existing vegetation with comparable specimens,
approved by the Director, which will restore buffer functions within five years.
J. Areas of Potential Geologic Instability.
1. Classification. Areas of potential geologic instability are classified as
follows:
a. Class 1 area, where landslide potential is low, and which slope is less
than 15
b. Class 2 areas, where landslide potential is moderate, which slope is
between 15% and 40 and which are underlain by relatively permeable soils;
c. Class 3 areas, where landslide potential is high, which include areas
sloping between 15% and 40 and which are underlain by relatively impermeable soils
or by bedrock, and which also include all areas sloping more steeply than 40
d. Class 4 areas, where landslide potential is very high, which include
sloping areas with mappable zones of groundwater seepage, and which also include
existing mappable landslide deposits regardless of slope.
2. Exemptions. The following areas are exempt from regulation as
geologically hazardous areas:
a. Temporary stockpiles of topsoil, gravel, beauty bark or other similar
landscaping or construction materials;
b. Slopes related to materials used as an engineered pre -load for a
building pad,
c. Any temporary slope that has been created through legal grading
activities under an approved permit may be re- graded.
d. Roadway embankments within right -of -way or road easements; and
e. Slopes retained by approved engineered structures, except riverbank
structures and armoring.
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3. Geotechnical Study Required.
a. Development or alterations to areas of potential geologic instability that
form the river banks shall be governed by the policies and requirements of the Shoreline
Stabilization section of this chapter. Development proposals on all other lands
containing or threatened by an area of potential geologic instability Class 2 or higher
shall be subject to a geotechnical study. The geotechnical report shall analyze and
make recommendations on the need for and width of any setbacks or buffers necessary
to insure slope stability. Development proposals shall then include the buffer distances
as defined within the geotechnical report. The geotechnical study shall be performed by
a qualified professional geotechnical engineer, licensed in the State of Washington.
b. Prior to permitting alteration of an area of potential geologic instability,
the applicant must demonstrate one of the following:
(1) There is no evidence of past instability or earth movement in the
vicinity of the proposed development, and where appropriate, quantitative analysis of
slope stability indicates no significant risk to the proposed development or surrounding
properties; or
(2) The area of potential geologic instability can be modified or the
project can be designed so that any potential impact to the project and surrounding
properties is eliminated, slope stability is not decreased, and the increase in surface
water discharge or sedimentation shall not decrease slope stability.
4. Buffers for Areas of Potential Geologic Instability.
a. Buffers are intended to:
(1) Minimize long -term impacts of development on properties
containing sensitive areas;
(2) Protect sensitive areas from adverse impacts during development;
(3) Prevent loading of potentially unstable slope formations,
(4) Protect slope stability;
(5) Provide erosion control and attenuation of precipitation, surface
water and storm water runoff,
(6) Reduce loss of or damage to property; and
(7) Prevent the need for future shoreline armoring.
b. Buffers may be increased by the Director when an area is determined
to be particularly sensitive to the disturbance created by a development. Such a
decision will be based on a City review of the report as prepared by a qualified
geotechnical engineer and by a site visit.
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5. Additional Requirements.
a. Where any portion of an area of potential geologic instability is cleared
for development, a landscaping plan for the site shall include tree replanting in
accordance with the Vegetation Protection and Landscaping section of this chapter.
Vegetation shall be sufficient to provide erosion and stabilization protection.
b. It shall be the responsibility of the applicant to submit, consistent with
the findings of the geotechnical report, structural plans which were prepared and
stamped by a structural engineer. The plans and specifications shall be accompanied
by a letter from the geotechnical engineer who prepared the geotechnical report stating
that in his /her judgment, the plans and specifications conform to the recommendations
in the geotechnical report; the risk of damage to the proposed development site from
soil instability will be minimal subject to the conditions set forth in the report; and the
proposed development will not increase the potential for soil movement.
c. Further recommendations signed and sealed by the geotechnical
engineer shall be provided should there be additions or exceptions to the original
recommendations based on the plans, site conditions or other supporting data. If the
geotechnical engineer who reviews the plans and specifications is not the same
engineer who prepared the geotechnical report, the new engineer shall, in a letter to the
City accompanying the plans and specifications, express his or her agreement or
disagreement with the recommendations in the geotechnical report and state that the
plans and specifications conform to his or her recommendations.
d. The architect or structural engineer shall submit to the City, with the
plans and specifications, a letter or notation on the design drawings at the time of permit
application stating that he or she has reviewed the geotechnical report, understands its
recommendations, has explained or has had explained to the owner the risks of loss
due to slides on the site, and has incorporated into the design the recommendations of
the report and established measures to reduce the potential risk of injury or damage
that might be caused by any earth movement predicted in the report.
e. The owner shall execute a Sensitive Areas Covenant and Hold
Harmless Agreement running with the land, on a form provided by the City. The City
will file the completed covenant with the King County Department of Records and
Elections at the expense of the applicant or owner. A copy of the recorded covenant
will be forwarded to the owner.
f. Whenever the City determines that the public interest would not be
served by the issuance of a permit in an area of potential geologic instability without
assurance of a means of providing for restoration of areas disturbed by, and repair of
property damage caused by, slides arising out of or occurring during construction, the
Director may require assurance devices.
g. Where recommended by the geotechnical report, the applicant shall
retain a geotechnical engineer (preferably retain the geotechnical engineer who
prepared the final geotechnical recommendations and reviewed the plans and
specifications) to monitor the site during construction. If a different geotechnical
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engineer is retained, the new geotechnical engineer shall submit a letter to the City
stating whether or not he /she agrees with the opinions and recommendations of the
original study. Further recommendations, signed and sealed by the geotechnical
engineer, and supporting data shall be provided should there be exceptions to the
original recommendations.
h. During construction the geotechnical engineer shall monitor
compliance with the recommendations in the geotechnical report, particularly site
excavation, shoring, soil support for foundations including piles, subdrainage
installations, soil compaction and any other geotechnical aspects of the construction.
Unless otherwise approved by the City, the specific recommendations contained in the
soils report must be implemented. The geotechnical engineer shall provide to the City
written, dated monitoring reports on the progress of the construction at such timely
intervals as shall be specified. Omissions or deviations from the approved plans and
specifications shall be immediately reported to the City. The final construction
monitoring report shall contain a statement from the geotechnical engineer that, based
upon his or her professional opinion, site observations and testing during the monitoring
of the construction, the completed development substantially complies with the
recommendations in the geotechnical report and with all geotechnical- related permit
requirements. Occupancy of the project will not be approved until the report has been
reviewed and accepted by the Director.
i. Substantial weight shall be given to ensuring continued slope stability
and the resulting public health, safety and welfare in determining whether a
development should be allowed.
j. The City may impose conditions that address site -work problems which
could include, but are not limited to, limiting all excavation and drainage installation to
the dry season, or sequencing activities such as installing erosion control and drainage
systems well in advance of construction. A permit will be denied if it is determined by
the Director that the development will increase the potential of soil movement that
results in an unacceptable risk of damage to the proposed development, its site or
adjacent properties.
K. Sensitive Areas Permitted Uses and Alterations.
1. General Sensitive Areas Permitted Uses. All uses permitted in the
Shoreline Jurisdiction buffers are allowed in sensitive areas within the jurisdiction
except:
a. Promenades
b. Recreational structures
c. Public pedestrian bridges
d. Vehicle bridges
e. New utilities
f. Plaza connectors
g. Water- dependent uses and their structures
h. Essential streets, roads and rights -of -way
i. Essential public facilities
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j. Outdoor storage
2. In addition, the following uses are allowed:
a. Maintenance activities of existing landscaping and gardens in a
sensitive area buffer including, but not limited to, mowing lawns, weeding, harvesting
and replanting of garden crops and pruning and planting of vegetation. The removal of
established native trees and shrubs is not permitted. Herbicide use in sensitive areas or
their buffers is not allowed without written permission of the City.
b. Vegetation maintenance as part of sensitive area enhancement,
creation or restoration. Herbicide use in sensitive areas or their buffers is not allowed
without written permission of the City.
3. Conditional Uses. Dredging, where necessary to remediate contaminated
sediments, if adverse impacts are mitigated, may be permitted.
4. Wetland Alterations. Alterations to wetlands are discouraged, are limited
to the minimum necessary for project feasibility, and must have an approved mitigation
plan developed in accordance with the standards in this chapter.
a. Mitigation for wetlands shall follow the mitigation sequencing steps in
this chapter and may include the following types of actions:
(1) Creation the manipulation of the physical, chemical or biological
characteristics to develop a wetland on an upland or deepwater site, where a biological
wetland did not previously exist;
(2) Re- establishment the manipulation of the physical, chemical or
biological characteristics of a site with the goal of restoring wetland functions to a former
wetland, resulting in a net increase in wetland acres and functions;
(3) Rehabilitation the manipulation of the physical, chemical, or
biological characteristics with the goal of repairing historic functions and processes of a
degraded wetland, resulting in a gain in wetland function but not acreage,
(4) Enhancement the manipulation of the physical, chemical or
biological characteristics to heighten, intensify, or improve specific functions (such as
vegetation) or to change the growth stage or composition of the vegetation present,
resulting in a change in wetland functions but not in a gain in wetland acreage; or
(5) A combination of the three types.
b. Allowed alterations per wetland type and mitigation ratios are as
follows
(1) Alterations are not permitted to Category I wetlands unless
specifically exempted under the provisions of this Program. Mitigation will still be
required at a rate of 4 :1 for creation or re- establishment, 8:1 for rehabilitation, and 16:1
for enhancement.
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(2) Alterations are not permitted to Category II wetlands unless
specifically exempted under the provisions of this Program. Mitigation will still be
required at a rate of 3:1 for creation or re- establishment, 6:1 for rehabilitation, and 12:1
for enhancement.
(3) Alterations to Category III wetlands are prohibited except where
the location or configuration of the wetland provides practical difficulties that can be
resolved by modifying up to .10 (one- tenth) of an acre of wetland. Mitigation for any
alteration to a Category III wetland must be located contiguous to the altered wetland.
Mitigation for any alteration to a Category III wetland must be provided at a ratio of 2:1
for creation or re- establishment, 4:1 for rehabilitation and 8:1 for enhancement alone.
(4) Alterations to Category IV wetlands are allowed, where
unavoidable and adequate mitigation is carried out in accordance with the standards of
this section. Mitigation for alteration to a Category IV wetland will be 1.5 :1 for creation
or re- establishment and 3:1 for rehabilitation and 6:1 for enhancement.
(5) Isolated wetlands formed on fill material in highly disturbed
environmental conditions and assessed as having low overall wetland functions (scoring
below 20 points) may be altered and /or relocated with the permission of the Director.
These wetlands may include artificial hydrology or wetlands unintentionally created as
the result of construction activities. The determination that a wetland is isolated is made
by the US Army Corps of Engineers.
5. Watercourse Alterations. All impacts to a watercourse that degrade the
functions and values of the watercourse shall be avoided. If alteration to the
watercourse is unavoidable, all adverse impacts shall be mitigated in accordance with
the approved mitigation plan as described in this chapter. Mitigation shall take place
on -site or as close as possible to the impact location, and compensation shall be at a
minimum 1:1 ratio. Any mitigation shall result in improved watercourse functions over
existing conditions.
a. Diverting or rerouting may only occur with the permission of the
Director and an approved mitigation plan, as well as all necessary approvals by state
agencies. Any watercourse that has critical wildlife habitat or is necessary for the life
cycle or spawning of salmonids shall not be rerouted, unless it can be shown that the
habitat will be improved for the benefit of the species. A watercourse may be rerouted
or day lighted as a mitigation measure to improve watercourse function.
b. Piping of any watercourse should be avoided. Relocation of a
watercourse is preferred to piping; if piping occurs in a watercourse sensitive area, it
shall be limited and shall require approval of the Director. Piping of Type 1
watercourses shall not be permitted. Piping may be allowed in Type 2, 3 or 4
watercourses if it is necessary for access purposes. Piping may be allowed in Type 4
watercourses if the watercourse has a degraded buffer, is located in a highly developed
area and does not provide shade, temperature control, etc. for habitat. The applicant
must comply with the conditions of this section, including: providing excess capacity to
meet needs of the system during a 100 -year flood event, and providing flow restrictors
and complying with water quality and existing habitat enhancement procedures.
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c. No process that requires maintenance on a regular basis will be
acceptable unless this maintenance process is part of the regular and normal facilities
maintenance process or unless the applicant can show funding for this maintenance is
ensured for as long as the use remains.
d. Piping projects shall be performed pursuant to the following applicable
standards:
(1) The conveyance system shall be designed to comply with the
standards in current use and recommended by the Department of Public Works.
(2) Where allowed, piping shall be limited to the shortest length
possible as determined by the Director to allow access onto a property.
(3) Where water is piped for an access point, those driveways or
entrances shall be consolidated to serve multiple properties where possible, and to
minimize the length of piping.
(4) When required by the Director, watercourses under drivable
surfaces shall be contained in an arch culvert using oversize or super span culverts for
rebuilding of a streambed. These shall be provided with check dams to reduce flows,
and shall be replanted and enhanced according to a plan approved by the Director.
(5) All watercourse crossing shall be designed to accommodate fish
passage. Watercourse crossings shall not block fish passage where the streams are
fish bearing.
(6) Stormwater run -off shall be detained and infiltrated to preserve the
watercourse channel's dominant discharge.
(7) All construction shall be designed to have the least adverse impact
on the watercourse, buffer and surrounding environment.
(8) Piping shall be constructed during periods of low flow, or as
allowed by the State Department of Fish and Wildlife.
(9) Water quality must be as good or better for any water exiting the
pipe as for the water entering the pipe, and flow must be comparable.
6. Fish and Wildlife Conservation Area Alterations. Alterations to the
Green /Duwamish River are regulated by the shoreline provisions of this SMP.
Alterations to Fish and Wildlife Conservation Areas that have been created as
restoration or habitat enhancement sites and are shown on the Sensitive Areas in the
Shoreline Jurisdiction Map are prohibited and may only be authorized through a
shoreline variance procedure.
L. Sensitive Areas Mitigation. Mitigation shall be required for any proposals for
dredging, filling, piping, diverting, relocation or other alterations of sensitive areas in as
allowed in this chapter and in accordance with mitigation sequencing and the
established mitigation ratios. The mitigation plan shall be developed as part of a
sensitive area study by a qualified specialist.
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1. Mitigation Sequencing. Applicants shall demonstrate that reasonable
efforts have been examined with the intent to avoid and minimize impacts to sensitive
areas and buffers. When an alteration to a sensitive area or its required buffer is
proposed, such alteration shall be avoided, minimized or compensated for in the
following order of preference:
a. Avoidance of sensitive area and buffer impacts, whether by finding
another site or changing the location of the proposed activity on -site;
b. Minimizing sensitive area and buffer impacts by limiting the degree of
impact on site;
c. Mitigation actions that require compensation by replacing, enhancing,
or substitution.
2. Criteria for Approval of Alterations and Mitigation. Alterations and
mitigation plans are subject to Director approval, and may be approved only if the
following findings are made:
a. The alteration will not adversely affect water quality,
b. The alteration will not adversely affect fish, wildlife, or their habitat;
c. The alteration will not have an adverse effect on drainage and /or
stormwater detention capabilities;
d. The alteration will not lead to unstable earth conditions or create an
erosion hazard or contribute to scouring actions;
e. The alteration will not be materially detrimental to any other property;
and
f. The alteration will not have adverse effects on any other sensitive
areas or the shoreline.
g. The mitigation will result in improved functions such as water quality,
erosion control, wildlife and fish habitat.
3. Mitigation Location.
a. On -site mitigation shall be provided, except where it can be
demonstrated that:
(1) On -site mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors, or
(2) Mitigation is not practical due to potentially adverse impacts from
surrounding land uses; or
(3) Existing functional values created at the site of the proposed
restoration are significantly greater than lost sensitive area functions; or
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(4) Established regional goals for flood storage, flood conveyance,
habitat or other sensitive area functions have been established and strongly justify
location of mitigation at another site.
b. Off -site mitigation shall occur within the shoreline jurisdiction in a
location where the sensitive area functions can be restored. Buffer impacts must be
mitigated at or as close as possible to the location of the impact.
c. Wetland creation, relocation of a watercourse, or creation of a new fish
and wildlife habitat shall not result in the new sensitive area or buffer extending beyond
the development site and onto adjacent property without the agreement of the affected
property owners, unless otherwise exempted by this chapter.
4. Mitigation Plan Content and Standards. The scope and content of a
mitigation plan shall be decided on a case -by -case basis. As the impacts to the
sensitive area increase, the mitigation measures to offset these impacts will increase in
number and complexity. The minimum components of a complete mitigation plan are
listed below. For wetland mitigation plans, the format should follow that established in
"Wetland Mitigation in Washington State, Part 2— Developing Mitigation Plans"
(Washington Department of Ecology, Corps of Engineers, EPA, March 2006, as
amended).
a. Baseline information of quantitative data collection or a review and
synthesis of existing data for both the project impact zone and the proposed mitigation
site.
b. Environmental goals and objectives that describe the purposes of the
mitigation measures. This should include a description of site selection criteria,
identification of target evaluation species, and resource functions.
c. Performance standards for the specific criteria for fulfilling
environmental goals, and for beginning remedial action or contingency measures. They
may include water quality standards, species richness and diversity targets, habitat
diversity indices, or other ecological, geological or hydrological criteria. The following
shall be considered the minimum performance standards for approved sensitive area
alterations:
(1) Sensitive area functions and improved habitat for fish and wildlife
are improved over those of the original conditions.
(2) Hydrologic conditions, hydroperiods and watercourse channels are
improved over existing conditions and the specific performance standards specified in
the approved mitigation plan are achieved.
(3) Acreage requirements for enhancement or creation are met.
(4) Vegetation native to the Pacific Northwest is installed and
vegetation survival and coverage standards over time are met and maintained.
(5) Buffer and bank conditions and functions exceed the original state.
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(6) Stream channel habitat and dimensions are maintained or
improved such that the fisheries habitat functions of the compensatory stream reach
meet or exceed that of the original stream.
d. A detailed construction plan of the written specifications and
descriptions of mitigation techniques. This plan should include the proposed
construction sequence and construction management, and be accompanied by detailed
site diagrams and blueprints that are an integral requirement of any development
proposal.
e. Monitoring and /or evaluation program that outlines the approach and
frequency for assessing progress of the completed project. An outline shall be included
that spells out how the monitoring data will be evaluated and reported.
f. Maintenance plan that outlines the activities and frequency of
maintenance to ensure compliance with performance standards.
g. Contingency plan identifying potential courses of action and any
corrective measures to be taken when monitoring or evaluation indicates project
performance standards have not been met.
h. Performance security or other assurance devices.
5. Mitigation Timing.
a. Mitigation projects shall be completed prior to activities that will
permanently disturb sensitive areas or their buffers and either prior to or immediately
after activities that will temporarily disturb sensitive areas.
b. Construction of mitigation projects shall be timed to reduce impacts to
existing wildlife, flora and water quality, and shall be completed prior to use or
occupancy of the activity or development. The Director may allow activities that
permanently disturb wetlands or watercourses prior to implementation of the mitigation
plan under the following circumstances:
conditions;
(1) To allow planting or re- vegetation to occur during optimal weather
(2) To avoid disturbance during critical wildlife periods; or
(3) To account for unique site constraints that dictate construction
timing or phasing.
c. Monitoring of buffer alterations shall be required for three to five years.
All other alterations shall be monitored for minimum of five years.
6. Corrective Actions and Monitoring. The Director shall require
subsequent corrective actions and long -term monitoring of the project if adverse
impacts to regulated sensitive areas or their buffers are identified.
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7. Recording. The property owner receiving approval of a use or
development pursuant to the Shoreline Master Program shall record the City- approved
site plan clearly delineating the sensitive area and its buffer with the King County
Division of Records and Elections. The face of the site plan must include a statement
that the provisions of this chapter, as of the effective date of the ordinance from which
the Shoreline Management Program derives or is thereafter amended, control use and
development of the subject property, and provide for any responsibility of the latent
defects or deficiencies.
8. Assurance Device.
a. The Director may require a letter of credit or other security device
acceptable to the City, to guarantee performance and maintenance requirements. All
assurances shall be on a form approved by the City Attorney.
b. When alteration of a sensitive area is approved, the Director may
require an assurance device, on a form approved by the City Attorney, to cover the
monitoring costs and correction of possible deficiencies for the term of the approved
monitoring and maintenance program.
c. The assurance device shall be released by the Director upon receipt of
written confirmation submitted to the Department from the applicant's qualified
professional that the mitigation or restoration has met its performance standards and is
successfully established. Should the mitigation or restoration meet performance
standards and be successfully established in the third or fourth year of monitoring, the
City may release the assurance device early. The assurance device may be held for a
longer period, if at the end of the monitoring period, the performance standards have
not been met or the mitigation has not been successfully established.
d. Release of the security does not absolve the property owner of
responsibility for maintenance or correcting latent defects or deficiencies or other duties
under law.
Section 10. Public Access to the Shoreline Adopted. TMC Section 18.44.100 is
hereby amended to read as follows:
A. Applicability.
1. Public access shall be provided on all property that abuts the
Green /Duwamish River shoreline in accordance with this section as further discussed
below where any of the following conditions are present:
a. Where a development or use will create increased demand for public
access to the shoreline, the development or use shall provide public access to mitigate
this impact. For the purposes of this section, an "increase in demand for public access"
is determined by evaluating whether the development reflects an increase in the land
use intensity (for example converting a warehouse to office or retail use), or a significant
increase in the square footage of an existing building. A significant increase is defined
as an increase of 3,000 square feet.
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b. Where a development or use will interfere with an existing public
access way, the development or use shall provide public access to mitigate this impact.
Impacts to public access may include blocking access or discouraging use of existing
on -site or nearby accesses.
c. Where a use or development will interfere with a public use of lands or
waters subject to the public trust doctrine, the development shall provide public access
to mitigate this impact.
d. Where the development is proposed by a public entity or on public
lands.
e. Where identified on the Shoreline Public Access Map.
f. Where a land division of five or greater lots, or a residential project of
five or greater residential units, is proposed.
2. For the purposes of this section, an "increase in demand for public access"
is determined by evaluating whether the development reflects an increase in the land
use intensity, for example converting a warehouse to office or retail use, or a significant
increase in the square footage of an existing building. A significant increase is defined
as an increase of 3,000 square feet. The extent of public access required will be
proportional to the amount of increase in the demand for public access. For smaller
projects, the Director will review the intent of this section and the scope of the project to
determine a reasonable amount of public access to be carried out. Depending on the
amount of increase, the project may utilize the alternative provisions for meeting public
access in TMC Section 18.44.100(F). The terms and conditions of TMC Sections
18.44.100(A) and (B) shall be deemed satisfied if the applicant and the City agree upon
a master trail plan providing for public paths and trails within a parcel or group of
parcels.
3. The provisions of this section do not apply to the following:
a. Short plats of four or fewer lots;
b. Where providing such access would cause unavoidable health or
safety hazards;
c. Where providing such access would create inherent and unavoidable
security problems; or
d. Where providing such access would cause significant ecological
impacts that cannot be mitigated.
An applicant claiming an exemption under items 3(b) (d) above must
comply with the procedures in TMC Section 18.44.100(F).
B. General Standards.
1. To improve public access to the Green /Duwamish River, sites shall be
designed to provide:
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a. Safe, visible and accessible pedestrian and non motorized vehicle
connections between proposed development and the river's edge, particularly when the
site is adjacent to the Green River Trail or other approved trail system; and
b. Public pathway entrances that are clearly visible from the street edge,
and
c. Clearly identified pathways that are separate from vehicular circulation
areas. This may be accomplished through the use of special paving materials such as
precast pavers, bomonite, changes in color or distinct and detailed scoring patterns and
textures.
d. Site elements that are organized to clearly distinguish between public
and private access and circulation systems.
2. Required public access shall be fully developed and available for public
use at the time of occupancy in accordance with development permit conditions except
where the decision maker determines an appropriate mechanism for delayed public
access implementation is necessary for practical reasons. Where appropriate, a bond
or cash assignment may be approved, on review and approval by the Director of
Community Development, to extend this requirement for 90 days from the date the
Certificate of Occupancy is issued.
3. Public access easements and related permit conditions shall be recorded
on the deed of title or the face of the plat, short plat or approved site plan as a condition
tied to the use of the land. Recording with the County shall occur prior to the issuance
of an Occupancy Permit or final plat approval. Upon re- development of such a site, the
easement may be relocated to facilitate the continued public access to the shoreline.
4. Approved signs indicating the public's right of access and hours of access,
if restricted, shall be constructed, installed and maintained by the applicant in
conspicuous locations at public access sites. Signs should be designed to distinguish
between public and private areas. Signs controlling or restricting public access may be
approved as a condition of permit approval.
5. Required access must be maintained throughout the life of the project.
6. Public access features shall be separated from residential uses through the
use of setbacks, low walls, berms, landscaping, or other device of a scale and materials
appropriate to the site.
7. Shared public access between developments is encouraged. Where
access is to be shared between adjacent developments, the minimum width for the
individual access easement may be reduced, provided the total width of easements
contributed by each adjacent development equals a width that complies with Fire
Department requirements and /or exceeds the minimum for an individual access.
8. Public access sites shall be connected directly to the nearest public area
(e.g., street, public park, or adjoining public access easement). Where connections are
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not currently possible, the site shall be designed to accommodate logical future
connections.
C. Requirements for Shoreline Trails. Where public access is required under
TMC Section 18.44.100(A)1 above, the requirement will be met by provision of a
shoreline trail as follows:
1. Development on Properties Abutting Existing Green River Trail. An
applicant seeking to develop property abutting the existing trail shall meet public access
requirements by upgrading the trail along the property frontage to meet the standards of
a 14- foot -wide trail with 2 -foot shoulders on each side.
2. Development on Properties Where New Trails are Planned. An
applicant seeking to develop property abutting the river in areas identified for new
shoreline trail segments shall meet public access requirements by dedicating an 18-
foot -wide trail easement to the City for public access along the river.
D. Publicly -Owned Shorelines.
1. Shoreline development by any public entities, including but not limited to
the City of Tukwila, King County, port districts, state agencies, or public utility districts,
shall include public access measures as part of each development project, unless such
access is shown to be incompatible due to reasons of safety,. security, impact to the
shoreline environment or other provisions listed in this section.
2. The following requirements apply to street ends and City -owned property
adjacent to the river.
a. Public right -of -way and "road- ends," or portions thereof, shall not be
vacated and shall be maintained for future public access.
b. Unimproved right -of -ways and portions of right -of -ways, such as street
ends and turn -outs, shall be dedicated to public access uses until such time as the
portion becomes improved right -of -way. Uses shall be limited to passive outdoor
recreation, car top boat launching, fishing, interpretive /educational uses, and /or parking,
which accommodates these uses, and shall be designed so as to not interfere with the
privacy of adjacent residential uses.
c. City -owned facilities within the Shoreline Jurisdiction shall provide new
trails and trail connections to the Green River Trail in accordance with approved plans
and this SMP.
d. All City -owned recreational facilities within the Shoreline Jurisdiction,
unless qualifying for an exemption as specified in this chapter, shall make adequate
provisions for:
(1) Non motorized and pedestrian access;
(2) The prevention of trespass onto adjacent properties through
landscaping, fencing or other appropriate measures;
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(3) Signage indicating the public right -of -way to shoreline areas; and
(4) Mechanisms to prevent environmental degradation of the shoreline
from public use.
E. Public Access Incentives.
1. The minimum yard setback for buildings, uses, utilities or development
from non riverfront lot lines may be reduced as follows:
a. Where a development provides a public access corridor between off
site areas, or public shoreline areas to public shoreline areas, one side yard may be
reduced to a zero lot line placement; or
b. Where a development provides additional public access area(s) equal
in area to at least 2.5% of total building area, the front yard (the landward side of the
development) may be reduced by 50
2. The maximum height for structures may be increased by 15% when:
a. Development devotes at least 5% of its building or land area to public
shoreline access; or
b. Development devotes at least 10% of its land area to employee
shoreline access.
3. The maximum height for structures under TMC Section 18.44.070.C.3. and
this section may be increased by a maximum of 25% when:
a. One of the criteria in TMC Section 18.44.100.E.2 is met; and
b. The applicant restores or enhances the entire shoreline buffer,
including, but not limited to, paved areas no longer in use on the property to offset the
impact of the increase in height. Buffer restoration /enhancement projects undertaken to
meet the requirements of TMC Section 18.44.100(F) do not qualify as restoration or
enhancement for purposes of the height incentive provided in this subsection.
c. No combination of incentives may be used to gain more than a 25%
total height increase for a structure.
4. The maximum height for structures may be increased for properties that
construct a 14- foot -wide paved trail with a 2- foot -wide shoulder on each side for public
access along the river in areas identified for new shoreline trail segments, or where, in
the case of properties containing or abutting existing public access trails, the existing
trail either meets the standard of a 14- foot -wide trail with 2- foot -wide shoulders on either
side or the property owner provides any necessary easements and improvements to
upgrade the existing trail to that standard along the property frontage. During the
project review, the increased height shall be affirmatively demonstrated to:
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a. Not block the views of a si^ �substantial number of residences,
b. Not cause environmental impacts such as, but not limited to, shading
of the river buffer or light impacts adversely affecting the river corridor; and
c. Achieve no net loss of ecological function. In no case shall the building
height be greater than 115 feet pursuant to this provision.
F. Exemptions from Provision of On -Site Public Access.
1. Requirements for providing on -site general public access, as distinguished
from employee access, will not apply if the applicant can demonstrate one or more of
the following:
a. Unavoidable health or safety hazards to the public exist related to the
primary use that cannot be prevented by any practical means.
b. Inherent security requirements of the use cannot be satisfied through
the application of alternative design features or other solutions.
c. The cost of providing the access, easement or other public amenity on
or off the development site is unreasonably disproportionate to the total long -term cost
of the proposed development.
d. Unavoidable environmental harm or net loss of shoreline ecological
functions that cannot be adequately mitigated will result from the public access.
e. Access is not feasible due to the configuration of existing parcels and
structures, such that access areas are blocked in a way that cannot be remedied
reasonably by the proposed development.
f. Significant undue and unavoidable conflict between the proposed
access and adjacent uses would occur and cannot be mitigated.
g. Space is needed for water dependent uses or navigation.
2. In order to meet any of the above referenced conditions, the applicant must
first demonstrate, and the City determine in its findings through a Type II decision, that
all reasonable alternatives have been exhausted including, but not limited to:
a. Regulating access by such means as maintaining a gate and /or limiting
hours of use;
b. Designing separation of uses and activities through fencing, terracing,
hedges or other design features; or
c. Providing access on a site geographically separate from the proposal
such as a street end cannot be accomplished.
3. If the above conditions are demonstrated, and the proposed development
is not subject to the Parks Impact Fee, alternative provisions for meeting public access
are required and include:
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a. Development of public access at an adjacent street end; or
b. Protection through easement or setbacks of landmarks, unique natural
features or other areas valuable for their interpretive potential; or
c. Contribution of materials and /or labor toward projects identified in the
Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City
adopted plan; or
d. In lieu of providing public access under this section, at the Director's
discretion, the applicant may provide restoration /enhancement of the shoreline
jurisdiction to a scale commensurate with the foregone public access.
Section 11. Shoreline Design Guidelines. TMC Section 18.44.110 is hereby
amended to read as follows:
18.44.110 Shoreline Design Guidelines
The Green /Duwamish River is an amenity that should be valued and celebrated when
designing projects that will be located along its length. If any portion of a project falls
within the shoreline jurisdiction, then the entire project will be reviewed under these
guidelines as well as the relevant sections of the Design Review Chapter of the Zoning
Code (TMC Chapter 18.60). The standards of TMC Chapter 18.60 shall guide the type
of review, whether administrative or by the Board of Architectural Review.
A. The following standards apply to development, uses and activities in the Urban
Conservancy and High Intensity Environments and non residential development in the
Shoreline Residential Environment.
1. Relationship of Structure to Site. Development within the shoreline
jurisdiction shall demonstrate compliance with the following:
a. Respect and reflect the shape of the shoreline,
b. Orient building elements to site such that public river access, both
visual and physical is enhanced;
c. Orient buildings to allow for casual observation of pedestrian and trail
activity from interior spaces,
d. Site and orient buildings to provide maximum views from building
interiors toward the river and the shoreline,
e. Orient public use areas and private amenities to the river;
f. Clearly allocate spaces, accommodating parking, vehicular circulation
and buildings to preserve existing stands of vegetation or trees so that natural areas
can be set aside, improved, or integrated into site organization and planning,
g. Clearly define and separate public from non public spaces with the use
of paving, signage, and landscaping.
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2. Building Design. Development within the shoreline jurisdiction shall
demonstrate compliance with the following:
a. To prevent building mass and shape from overwhelming the desired
human scale along the river, development shall avoid blank walls on the public and river
sides of buildings.
b. Buildings should be designed to follow the curve of the river and
respond to changes in topography; buildings must not "turn their back" to the river.
c. Design common areas in buildings to take advantage of shoreline
views and access; incorporate outdoor seating areas that are compatible with shoreline
access.
d. Consider the height and scale of each building in relation to the site.
e. Extend site features such as plazas that allow pedestrian access and
enjoyment of the river to the landward side of the buffer's edge.
f. Locate lunchrooms and other common areas to open out onto the
water -ward side of the site to maximize enjoyment of the river.
g. Design structures to take advantage of the river frontage location by
incorporating features such as:
(1) plazas and landscaped open space that connect with a shoreline
trail system;
(2) windows that offer views of the river; or
(3) pedestrian entrances that face the river.
h. View obscuring fencing is permitted only when necessary for
documentable use requirements and must be designed with landscaping per the
Vegetation Protection and Landscaping Section. Other fencing, when allowed, must be
designed to complement the proposed and /or existing development materials and
design; and
i. Where there are public trails, locate any fencing between the site and
the landward side of the shoreline trail.
3. Design of Public Access. Development within the shoreline jurisdiction
shall demonstrate compliance with the following:
a. Public access shall be barrier free, where feasible, and designed
consistent with the Americans with Disabilities Act.
b. Public access landscape design shall use native vegetation, in
accordance with the standards in the Vegetation Protection and Landscaping Section.
Additional landscape features may be required where desirable to provide public /private
space separation and screening of utility, service and parking areas.
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c. Furniture used in public access areas shall be appropriate for the
proposed level of development, and the character of the surrounding area. For
example, large urban projects should provide formal benches; for smaller projects in
less- developed areas, simpler, less formal benches or suitable alternatives are
appropriate.
d. Materials used in public access furniture, structures or sites shall be:
(1) Durable and capable of withstanding exposure to the elements;
(2) Environmentally friendly and take advantage of technology in
building materials, lighting, paved surfaces, porous pavement, etc, wherever practical;
and
(3) Consistent with the character of the shoreline and the anticipated
use.
e. Public- Private Separation.
(1) Public access facilities shall look and feel welcoming to the public,
and not appear as an intrusion into private property.
(2) Natural elements such as logs, grass, shrubs, and elevation
separations are encouraged as means to define the separation between public and
private space.
Section 12. Shoreline Restoration Adopted. TMC Section 18.44.120 is hereby
amended to read as follows:
18.44.120 Shoreline Restoration
A. Shoreline Substantial Development Permit Not Required. Shoreline
restoration projects shall be allowed without a Shoreline Substantial Development
Permit when these projects meet the criteria established by WAC 173- 27- 040(o) and (p)
and RCW 90.58.580.
B. Changes in Shoreline Jurisdiction Due to Restoration.
1. Relief may be granted from Shoreline Master Program standards and use
regulations in cases where shoreline restoration projects result in a change in the
location of the OHWM and associated Shoreline Jurisdiction on the subject property
and /or adjacent properties, and where application of this chapter regulations would
preclude or interfere with the uses permitted by the underlying zoning, thus presenting a
hardship to the project proponent.
a. Applications for relief, as specified below, must meet the following
criteria:
(1) The proposed relief is the minimum necessary to relieve the
hardship;
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(2) After granting the proposed relief, there is net environmental
benefit from the restoration project; and
(3) Granting the proposed relief is consistent with the objectives of the
shoreline restoration project and with the Shoreline Master Program.
(4) Where a shoreline restoration project is created as mitigation to
obtain a development permit, the project proponent required to perform the mitigation is
not eligible for relief under the provisions of this section.
b. The Department of Ecology must review and approve applications for
relief.
c. For the portion of property that moves from outside Shoreline
Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration
project, the City may consider the following, consistent with the criteria in TMC Section
18.44.120. B. 1. a.:
(1) permitting development for the full range of uses of the underlying
zoning consistent with the Zoning Code, including uses that are not water oriented;
(2) waiving the requirement to obtain a shoreline substantial
development permit if it is otherwise exempt from the requirement for a substantial
development permit;
(3) waiving the provisions for public access;
(4) waiving the requirement for shoreline design review; and
(5) waiving the development standards set forth in this chapter.
d. The intent of the exemptions identified above in subparagraphs
B.1.c.(1) to B.1.c.(5) is to implement the restoration projects of the Shoreline Master
Program Restoration Plan, which reflects the projects identified in the Water Resource
Inventory Area (WRIA) 9 Plan pursuant to Policy 5.2 of the SMP.
2. Consistent with the provisions of subparagraphs B.1.a, 1.b and 1.c above,
the Shoreline Residential Environment Buffer, High Intensity or Urban Conservancy
Environment Buffer width may be reduced to no less than 25 feet measured from the
new location of the OHWM for the portion of the property that moves from outside the
Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline
restoration project, subject to the following standards:
a. The 25 -foot buffer area must be vegetated according to the
requirements of the Vegetation Protection and Landscaping Section or as otherwise
approved by the City, and
b. The proponents of the restoration project are responsible for the
installation and maintenance of the vegetation.
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3. The habitat restoration project proponents must record with King County a
survey that identifies the location of the OHWM location prior to implementation of the
shoreline restoration project, any structures that fall within the Shoreline Jurisdiction,
and the new location of the OHWM once construction of the shoreline restoration
project is completed.
4. Shoreline restoration projects must obtain all U.S. Army Corps of
Engineers and Washington State Department of Fish and Wildlife approvals as well as
written approval from the City.
Section 13. Administration Requirements Adopted. TMC Section 18.44.130 is
hereby amended to read as follows:
18.44.130 Administration
A. Applicability of Shoreline Master Program and Substantial Development
Permit.
1. Development in the Shoreline Jurisdiction. Based on guidelines in the
SMA for a Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is defined as
follows: The Tukwila Shoreline Jurisdiction includes the channel of the
Green /Duwamish River, its banks, the upland area which extends from the OHWM
landward for 200 feet on each side of the river, floodways and all associated wetlands
within its floodplain. The floodway shall not include those lands that have historically
been protected by flood control devices and therefore have not been subject to flooding
with reasonable regularity.
2. Applicability. The Tukwila SMP applies to uses, change of uses, activities
or development that occurs within the above defined Shoreline Jurisdiction. All
proposed uses and development occurring within the Shoreline Jurisdiction must
conform to Chapter 90.58 RCW, the SMA, and this chapter whether or not a permit is
required.
B. Substantial Development Permit Requirements.
1. Permit Application Procedures. Applicants for a Shoreline Substantial
Development Permit shall comply with permit application procedures in TMC Chapter
18.104.
2. Exemptions.
a. To qualify for an exemption, the proposed use, activity or development
must meet the requirements for an exemption as described in WAC 173 -27 -040, except
for properties that meet the requirements of the Shoreline Restoration Section, TMC
Section 18.44.120. The purpose of a shoreline exemption is to provide a process for
uses and activities which do not trigger the need for a Substantial Development Permit,
but require compliance with all provisions of the City's SMP and overlay district.
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b. The Director may impose conditions to the approval of exempted
developments and /or uses as necessary to assure compliance of the project with the
SMA and the Tukwila SMP, per WAC 173- 27- 040(e). For example, in the case of
development subject to a building permit but exempt from the shoreline permit process,
the Building Official or other permit authorizing official, through consultation with the
Director, may attach shoreline management terms and conditions to building permits
and other permit approvals pursuant to RCW 90.58.140.
3. A substantial development permit shall be granted only when the
development proposed is consistent with the Shoreline Master Program.
C. Shoreline Conditional Use Permit.
1. Purpose. As stated in WAC 173 -27 -160, the purpose of a Conditional Use
Permit (CUP) is to allow greater flexibility in the application of use regulations of this
chapter in a manner consistent with the policies of RCW 90.58.020. In authorizing a
conditional use, special conditions may be attached to the permit by the City or the
Department of Ecology to prevent undesirable effects of the proposed use and /or
assure consistency of the project with the SMA and the City's SMP. Uses which are
specifically prohibited by the Shoreline Master Program may not be authorized with
approval of a CUP.
2. Application. Shoreline Conditional Use Permits are a Type 4 Permit
processed under TMC Chapter 18.104.
3. Application requirements. Applicants must meet all requirements for
permit application and approvals indicated in TMC Chapter 18.104 and this chapter.
4. Approval Criteria.
a. Uses classified as shoreline conditional uses may be authorized,
provided that the applicant can demonstrate all of the following:
(1) The proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Tukwila Shoreline Master Program;
(2) The proposed use will not interfere with the normal public use of
public shorelines;
(3) The proposed use of the site and design of the project will be
compatible with other permitted uses within the area and with uses planned for the area
under the Comprehensive Plan and this chapter,
(4) The proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located; and
(5) The public interest suffers no substantial detrimental effect.
b. In the granting of all Conditional Use Permits, consideration shall be
given to the cumulative impact of additional requests for like actions in the area. For
example, if Conditional Use Permits were granted to other developments in the area
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where similar circumstances exist, the total of the conditional uses shall also remain
consistent with the policies of RCW 90.58 and all local ordinances and shall not produce
substantial adverse effects to the shoreline environment.
D. Shoreline Variance Permits.
1. Purpose. The purpose of a Shoreline Variance Permit is strictly limited to
granting relief from specific bulk, dimensional, or performance standards set forth in this
chapter where there are extraordinary or unique circumstances relating to the physical
character or configuration of property such that the strict implementation of this chapter
will impose unnecessary hardships on the applicant or thwart the Shoreline
Management Act policies as stated in RCW 90.58.020. Reasonable use requests that
are located in the shoreline must be processed as a variance, until such time as the
Shoreline Management Act is amended to establish a process for reasonable uses.
2. Application requirements. Applicants must meet all requirements for a
Type 3 permit application and approvals indicated in TMC Chapter 18.104.
3. Shoreline Variance Permits should be granted in circumstances where
denial of the permit would result in a thwarting of the policy enumerated in RCW
90.58.020. In all instances the applicant must demonstrate that extraordinary
circumstances exist and the public interest will suffer no substantial detrimental effect.
4. Approval Criteria. A Shoreline Variance Permit for a use, activity or
development that will be located landward of the ordinary high water mark and /or
landward of any wetland may be authorized provided the applicant can demonstrate all
of the following:
a. The strict application of the bulk, dimensional, or performance
standards set forth in this chapter preclude or significantly interfere with a reasonable
use of the property not otherwise prohibited by this chapter.
b. The hardship described in TMC Section 18.44.130.D.4. is specifically
related to the property and is the result of unique conditions such as irregular lot shape,
size, or natural features and the application of this chapter, and not from the owner's
own actions or deed restrictions; and that the variance is necessary because of these
conditions in order to provide the owner with use rights and privileges permitted to other
properties in the vicinity and zone in which the property is situated.
c. The design of the project will be compatible with other authorized uses
within the area and with uses planned for the area under the Comprehensive Plan and
SMP and will not cause adverse impacts to adjacent properties or the shoreline
environment.
d. The variance will not constitute a grant of special privilege not enjoyed
by other properties in the area.
e. The variance is the minimum necessary to afford relief.
f. The public interest will suffer no substantial detrimental effect.
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5. Shoreline Variance Permits Waterward of OHWM.
a. Shoreline variance permits for development and /or uses that will be
located either waterward of the ordinary high water mark or within any sensitive area
may be authorized only if the applicant can demonstrate all of the following:
(1) The strict application of the bulk, dimensional or performance
standards set forth in this Master Program preclude all reasonable permitted use of the
property;
(2) The proposal is consistent with the criteria established under TMC
Section 18.44.130.D.4., "Approval Criteria;" and
(3) The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
b. In the granting of all variance permits, consideration shall be given to
the cumulative impact of additional requests for like actions in the area such that the
total of the variances would remain consistent with RCW 90.58.020 and not cause
substantial adverse effects to the shoreline environment.
c. Variances from the use regulations of this chapter are prohibited.
E. Non Conforming Development.
1. Non Conforming Uses. Any non conforming lawful use of land that would
not be allowed under the terms of this chapter may be continued as an allowed, legal,
non conforming use, defined in TMC Chapter 18.06 or as hereafter amended, so long
as that use remains lawful, subject to the following:
a. No such non conforming use shall be enlarged, intensified, increased
or extended to occupy a greater use of the land, structure or combination of the two,
than was occupied at the effective date of adoption of this chapter except as authorized
in TMC Section 18.66.120.
b. No non conforming use shall be moved or extended in whole or in part
to any other portion of the lot or parcel occupied by such use on the effective date of
adoption of this chapter.
c. If any such non conforming use ceases for any reason for a period of
more than 24 consecutive months, any subsequent use shall conform to the regulations
specified by in this chapter for the shoreline environment in which such use is located.
Upon request of the owner, prior to the end of the 24 consecutive months and upon
reasonable cause shown, the City Council may grant an extension of time beyond the
24 consecutive months using the criteria set forth in TMC Section 18.44.130.E.4.
d. If a change of use is proposed to a use determined to be non-
conforming by application of provisions in this chapter, the proposed new use must be a
permitted use in this chapter or a use approved under a Type 2 permit with public notice
process. For purposes of implementing this section, a change of use constitutes a
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change from one permitted or conditional use category to another such use category as
listed within the Shoreline Use Matrix.
e. A structure that is being or has been used for a non conforming use
may be used for a different non conforming use only upon the approval of a Type 2
permit subject to public notice. Before approving a change in non conforming use, the
following findings must be made:
(1) No reasonable alternative conforming use is practical.
(2) The proposed use will be at least as consistent with the policies
and provisions of the SMP and as compatible with the uses in the area as the non-
conforming use.
(3) The use or activity is enlarged, intensified, increased or altered
only to the minimum amount necessary to achieve the intended functional purpose.
(4) The structure(s) associated with the non conforming use shall not
be expanded in a manner that increases the extent of the non conformity.
(5) The change in use will not create adverse impacts to shoreline
ecological functions and /or processes.
(6) The applicant restores and /or enhances the entire shoreline buffer,
including but not limited to, paved areas no longer in use on the property, to offset the
impact of the change of use per the vegetation management standards of this chapter.
This may include the restoration of paved areas to vegetated area if no longer in use.
(7) The use complies with the Type 2 permit process of TMC Chapter
18.104.
(8) The preference is to reduce exterior uses in the buffer to the
maximum extent possible.
2. Non Conforming Structures. Where a lawful structure exists on the
effective date of adoption of this chapter that could not be built under the terms of this
chapter by reason of restrictions on height, buffers or other characteristics of the
structure, it may be continued as an allowed, legal structure so long as the structure
remains otherwise lawful subject to the following provisions:
a. Such structures may be repaired, maintained, upgraded and altered
provided that:
(1) The structure may not be enlarged or altered in such a way that
increases its degree of nonconformity or increases its impacts to the functions and
values of the shoreline environment except as authorized in TMC Section 18.66.120;
and
(2) The cost of the alterations may not exceed an aggregate cost of
50% of the value of the building or structure in any 3 -year period based upon its most
recent assessment, unless the amount over 50% is used to make the building or
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structure more conforming, or is used to restore to a safe condition any portion of a
building or structure declared unsafe by a proper authority.
b. Should such structure be destroyed by any accidental means, the
structure may be reconstructed to its original dimensions and location on the lot
provided application is made for permits within 12 months of the date the damage
occurred and all reconstruction is completed within two years of permit issuance. In the
event the property is redeveloped, such re- development must be in conformity with the
provisions of this chapter.
c. Should such structure be moved for any reason or any distance
whatsoever, it shall thereafter conform to the regulations of this chapter after it is
moved.
d. When a non conforming structure, or structure and premises in
combination, is vacated or abandoned for 24 consecutive months, the structure, or
structure and premises in combination, shall thereafter be required to be in
conformance with the regulations of this chapter. Upon request of the owner, prior to
the end of the 24 consecutive months and upon reasonable cause shown, the City
Council may grant an extension of time beyond the 24 consecutive months using the
criteria in TMC Section 18.44.130.E.4.
e. Residential structures located in any Shoreline Residential
Environment and in existence at the time of adoption of this chapter shall not be
deemed nonconforming in terms of height, residential use, or location provisions of this
title. Such buildings may be rebuilt after a fire or other natural disaster to their original
dimensions, location and height, but may not be changed except as provided in the non-
conforming uses section of this chapter.
f. Single- family structures in the Shoreline Residential Environment that
have legally non conforming setbacks from the OHWM per the SMP buffer shall be
allowed to expand the ground floor only along the existing building line(s) as long as the
existing distance from the nearest point of the structure to the OHWM is not reduced
and the square footage of new intrusion into the buffer does not exceed 50% of the
square footage of the current intrusion. As a condition of building permit approval, a
landscape plan showing removal of invasive plant species within the entire shoreline
buffer and replanting with appropriate native species must be submitted to the City.
Plantings should be maintained through the establishment period.
g. A non conforming use, within a non conforming structure, shall not be
allowed to expand into any other portion of the structure.
3. For the purposes of this section, altered or partially reconstructed is defined
as work that does not exceed 50% of the assessed valuation of the building over a
three -year period.
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4. Requests for Time Extension Non conforming Uses and Structures.
a. A property owner may request, prior to the end of the 24 consecutive
months, an extension of time beyond the 24 consecutive months. Such a request shall
be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved
only when:
(1) For a non conforming use, a finding is made that no reasonable
alternative conforming use is practical.
(2) For a non conforming structure, special economic circumstances
prevent the lease or sale of said structure within 24 months.
(3) The applicant restores and /or enhances the shoreline buffer on the
property to offset the impact of the continuation of the non conforming use. For non-
conforming uses, the amount of buffer to be restored and /or enhanced will be
determined based on the percentage of the existing building used by the non-
conforming use for which a time extension is being requested. Depending on the size
of the area to be restored and /or enhanced, the Director may require targeted plantings
rather than a linear planting arrangement. The vegetation management standards of
this program shall be used for guidance on any restoration /enhancement. For non-
conforming structures, for each six -month extension of time requested, 15% of the
available buffer must be restored /enhanced.
b. Conditions may be attached to the permit that are deemed necessary
to assure compliance with the above findings, the requirements of the Master Program
and the Shoreline Management Act and to assure that the use will not become a
nuisance or a hazard.
5. Building Safety. Nothing in this SMP shall be deemed to prevent the
strengthening or restoring to a safe condition of any non conforming building or part
thereof declared to be unsafe by order of any City official charged with protecting the
public safety.
a. Alterations or expansion of a non conforming structure that are
required by law or a public agency in order to comply with public health or safety
regulations are the only alterations or expansions allowed.
b. Alterations or expansions permitted under this section shall be the
minimum necessary to meet the public safety concerns.
6. Non Conforming Parking Lots.
a. Nothing contained in this chapter shall be construed to require a
change in any aspect of a structure or facility covered thereunder including, without
limitation, parking lot layout, loading space requirements and curb -cuts, for any
structure or facility which existed on the date of adoption of this chapter.
b. If a change of use takes place or an addition is proposed that requires
an increase in the parking area by an increment less than 100 the requirements of
this chapter shall be complied with for the additional parking area.
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c. If a change of use takes place or an addition is proposed that requires
an increase in the parking area by an increment greater than 100 the requirements of
this chapter shall be complied with for the entire parking area.
7. Non Conforming Landscape Areas.
a. Adoption of the vegetation protection and landscaping regulations
contained in this chapter shall not be construed to require a change in the landscape
improvements for any legal landscape area that existed on the date of adoption of this
chapter, unless and until the property is redeveloped or alteration of the existing
structure is made beyond the thresholds provided herein.
b. At such time as the property is redeveloped or the existing structure is
altered beyond the thresholds provided herein and the associated premises does not
comply with the vegetation protection and landscaping requirements of this chapter, a
landscape plan that conforms to the requirements of this chapter shall be submitted to
the Director for approval.
Section 14. Appeals. TMC Section 18.44.140 is hereby amended to read as
follows:
18.44.140 Appeals
Any appeal of a decision by the City on a Shoreline Substantial Development Permit,
Shoreline Conditional Use or Shoreline Variance must be appealed to the Shoreline
Hearing Board.
Section 15. Enforcement and Penalties. TMC Section 18.44.150 is hereby
amended to read as follows:
18.44.150 Enforcement and Penalties
A. Violations. The following actions shall be considered violations of this chapter:
1. To use, construct or demolish any structure, or to conduct clearing, earth
moving, construction or other development not authorized under a Substantial
Development Permit, Conditional Use Permit or Variance Permit, where such permit is
required by this chapter.
2. Any work which is not conducted in accordance with the plans, conditions,
or other requirements in a permit approved pursuant to this chapter, provided that the
terms or conditions are stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or
posted in accordance with this chapter.
4. To misrepresent any material fact in any application, plans or other
information submitted to obtain any shoreline use or development authorization.
5. To fail to comply with the requirements of this chapter.
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B. Enforcement. It shall be the duty of the Director to enforce this chapter subject
to the terms and conditions of TMC Chapter 8.45.
C. Inspection Access.
1. For the purpose of inspection for compliance with the provisions of a permit
or this chapter, authorized representatives of the Director may enter all sites for which a
permit has been issued.
2. Upon completion of all requirements of a permit, the applicant shall request
a final inspection by contacting the planner of record. The permit process is complete
upon final approval by the planner.
D. Penalties.
1. Any violation of any provision of the SMP, or failure to comply with any of
the requirements of this chapter shall be subject to the penalties prescribed in Chapter
8.45 of the Tukwila Municipal Code "Enforcement and shall be imposed pursuant to
the procedures and conditions set forth in that chapter.
2. Penalties assessed for violations of the SMP shall be determined by TMC
Chapter 8.45.100, Penalties.
3. It shall not be a defense to the prosecution for failure to obtain a permit
required by this chapter, that a contractor, subcontractor, person with responsibility on
the site, or person authorizing or directing the work, erroneously believed a permit had
been issued to the property owner or any other person.
E. Remedial Measures Required. In addition to penalties provided in TMC
Chapter 8.45, the Director may require any person conducting work in violation of this
chapter to mitigate the impacts of unauthorized work by carrying out remedial
measures.
1. Remedial measures must conform to the policies and guidelines of this
chapter and the Shoreline Management Act.
2. The cost of any remedial measures necessary to correct violation(s) of this
chapter shall be borne by the property owner and /or applicant.
F. Injunctive Relief.
1. Whenever the City has reasonable cause to believe that any person is
violating or threatening to violate this chapter or any rule or other provisions adopted or
issued pursuant to this chapter, it may, either before or after the institution of any other
action or proceeding authorized by this ordinance, institute a civil action in the name of
the City for injunctive relief to restrain the violation or threatened violation. Such action
shall be brought in King County Superior Court.
2. The institution of an action for injunctive relief under this section shall not
relieve any party to such proceedings from any civil or criminal penalty prescribed for
violations of the Master Program.
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G. Abatement. Any use, structure, development or work that occurs in violation of
this chapter, or in violation of any lawful order or requirement of the Director pursuant to
this section, shall be deemed to be a public nuisance and may be abated in the manner
provided by the Tukwila Municipal Code 8.45.105.
Section 16. Liability. TMC Section 18.44.160 is hereby amended to read as
follows:
18.44.160 Liability
A. Liability for any adverse impacts or damages resulting from work performed in
accordance with a permit issued on behalf of the City within the City limits shall be the
sole responsibility of the owner of the site for which the permit was issued.
B. No provision of or term used in this chapter is intended to impose any duty
upon the City or any of its officers or employees that would subject them to damages in
a civil action.
Section 17. Applicability of Amended Zoning Code. After the effective date of
this ordinance, Chapter 18.44 of the Zoning Code, as hereby amended, shall apply to all
properties subject to the shoreline overlay, provided that nothing contained herein shall
be deemed to override any vested rights or require any alteration of a non conforming
use or non conforming structure, except as specifically provided in Chapter 18.44 of the
Zoning Code, as amended.
Section 18. Repealer. Ordinance No. 2271 is hereby repealed.
Section 19. Repealer. Ordinance Nos. 1796 §3 (part), 1775 §2 (part), and 1758
§1 (part), as codified at Tukwila Municipal Code Chapter 18.44, are hereby repealed.
Section 20. Codification Clarification. Due to amendments to TMC Chapter
18.44 as stated in this ordinance, a TMC section formerly numbered 18.44.170 no
longer exists.
Section 21. 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 22. 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
upon approval of the Shoreline Master Proqram by the Washington State Department of
Ecologv and publication as provided by law. following five days aft and
�.�r- aTCe� -pass ar -ry
publiGation as provided by law, and FeGeipt by the Washington Department of Ecology Gf
nY of this nr— vrd GOi aiituting he Git agreement to the Washin
Department of E O -gy FequiredGanges to the City c hc)rel in e regulations s ca
forth herein
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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318
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO.
2272; AMENDING ORDINANCE NO. 1758 §1 (PART);
ADOPTING AND AMENDING DEFINITIONS FOR SHORELINE
REGULATIONS, AS CODIFIED IN CHAPTER 18.06 OF THE
TUKWILA MUNICIPAL CODE, TO INCORPORATE NEW STATE
REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City adopted a new Comprehensive Plan in 1995 to implement the
goals and policies of the Growth Management Act of 1990 and the King County County-
wide Planning Policies, and
WHEREAS, the Green /Duwamish River, a shoreline of the State regulated
pursuant to RCW 90.58, runs through the entire length of the City of Tukwila, and
WHEREAS, due to the presence of the Green River in the City, the 1995
Comprehensive Plan included policies addressing shorelines; and
WHEREAS, as set forth in RCW 90.58.020, the State Legislature has found that
shorelines of the State are among the most valuable and fragile of its natural resources
and unrestricted construction on privately- and publicly -owned shorelines of the State is
not in the best public interest; and
WHEREAS, in RCW 90.58.020 the State Legislature directed local governments
developing Shoreline Master Programs for shorelines of State -wide significance to give
preference to the following uses, in order of preference, which: 1) recognize and protect
the State -wide interest over local interest; 2) preserve the natural character of the
shoreline; 3) result in long -term over short -term benefit; 4) protect the resources and
ecology of the shoreline; 5) increase public access to publicly -owned areas of shore-
lines; 6) increase recreational opportunities for the public in the shoreline, and 7)
provide for any other element, as defined in RCW 90.58.100, deemed appropriate or
necessary, and
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WHEREAS, in 2003 the Washington State Department of Ecology (DOE) adopted
new rules, pursuant to RCW 90.58.200, to carry out provisions of the Shoreline
Management Act; and
WHEREAS, DOE's new rules are set forth in WAC 173 -26, and these new rules
provide direction to local jurisdictions concerning the regulation of uses on shorelines of
the State; and
WHEREAS, RCW 90.58.080 directs local governments to develop or amend their
shoreline master programs consistent with the required elements of the guidelines
adopted by DOE, in accordance with a schedule established in that section, and
WHEREAS, the timetable set forth in RCW 90.58.080(2)(a)(ii) required the City of
Tukwila to amend its Shoreline Master Program by December 1, 2009; and
WHEREAS, the City began an update of its Shoreline Master Program in 1998,
established a Citizens Advisory Panel for initial policy and regulation guidance,
prepared background studies and used consultant services to prepare technical
documents; and
WHEREAS, the City renewed and continued its updating of the Shoreline Master
Program in 2008; and
WHEREAS, an environmental checklist was prepared for the staff draft Shoreline
Master Program update, accompanied by a draft "Cumulative Impacts Analysis," an
"Inventory and Characterization Report" and draft "Restoration Plan," and a
Determination of Non Significance was issued August 13, 2008; and
WHEREAS, the Planning Commission reviewed a staff draft Shoreline Master
Program, held a public hearing on August 27, 2008, continued the hearing to October 9,
2008 to allow additional public input, and recommended adoption of a revised Shoreline
Master Program to the City Council in February 2009; and
WHEREAS, the City Council held a public hearing on April 20, 2009, continued the
hearing to July 13, 2009 and July 20, 2009 and conducted ten in -depth work sessions to
review the Planning Commission Recommended Draft Shoreline Master Program; and
WHEREAS, pursuant to WAC 173 -26 -186, City staff has analyzed the cumulative
impacts of the staff draft Shoreline Master Program, the Planning Commission
Recommended Draft Shoreline Master Program, and the Council revisions to the
Planning Commission Recommended Draft Shoreline Master Program and determined
that the Shoreline Master Program and accompanying goals, policies and regulations
will achieve no net loss of shoreline ecological functions, as compared to current
"baseline" conditions; and
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WHEREAS, pursuant to WAC 173 -26 -186, the proposed Shoreline Master Program
contains policies and regulations to ensure no net loss of shoreline ecological functions,
to address adverse cumulative impacts and to fairly allocate the burden of addressing
cumulative impacts among proposed developments; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission Recommended Draft Shoreline Master Program
to address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
WHEREAS, throughout the process of updating the Shoreline Master Program, a
variety of methods were used to notify the general public and property owners along the
shoreline of the proposed Shoreline Master Program update, including mailings to
property owners and tenants, notice boards along the Green River Trail, postings on the
City's web site, creation of a broadcast email group that received updates of the
shoreline review process and articles in the City's newsletter; and
WHEREAS, on December 14, 2009, the City Council adopted several ordinances
that adopted by reference the components of a new Shoreline Master Program, and
WHEREAS, those ordinances included Ordinance No. 2272, which amended
definitions pertaining to the shoreline in Chapter 18.06 of the Tukwila Municipal Code;
and
WHEREAS, Section 48 of Ordinance No. 2272 provided that it would not be
effective until the later of five days after passage and publication or approval by the
Washington State Department of Ecology of the Shoreline Master Program, and
WHEREAS, the City thereafter submitted Ordinance No. 2272 to the Department of
Ecology for review and approval, and
WHEREAS, the Department of Ecology accepted written public comments on the
City's December 14, 2009 Shoreline Master Program, and held a public hearing on
September 29, 2010, and
WHEREAS, the Department of Ecology reviewed the adopted Shoreline Master
Program and required and recommended certain changes to the Program before it can
receive final state approval; and
WHEREAS, notice of the review of DOE's required and recommended changes
was provided via postings on the City's web site, a -mails to the broadcast e-mail group,
and articles in the "Hazelnut" and "Tukwila Reporter and
WHEREAS, the City Council conducted a work session on May 11, 2011, to
consider the DOE required and recommended changes, and held a public hearing on
June 27, 2011 to receive public testimony on the DOE required and recommended
changes,
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WHEREAS, the City Council concurs with and desires to adopt the Department of
Ecology's required changes and some of its recommended changes; and
WHEREAS, the updated Shoreline Master Program will be implemented by revised
shoreline regulations, codified in Tukwila Municipal Code (TMC) Chapter 18.44; and
WHEREAS, new and revised Zoning Code definitions, codified in Chapter 18.06 of
the Tukwila Municipal Code, are required to implement the changes to TMC Chapter
18.44 and the updated Shoreline Master Program; and
WHEREAS, notice was provided to the Washington State Department of
Commerce pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
SeGti()n 1. Definition .A.
read as follows:
OWN=
Section 1. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Appurtenance" means a structure that is necessarily connected to the use and
enjoyment of a single family residence, including a garage, deck, driveway, utilities,
fences, installation of a septic tank and drain field and grading that does not exceed 250
cubic yards and which does not involve placement of fill in any wetland or waterward of
the ordinary high water mark (WAC 173 -27 -040 (2) (g)).
Section 2. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Armoring" means the control of shoreline erosion with hardened structures, such
as bulkheads, sea walls, and riprap.
Section 3. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Bank" means the rising ground bordering a water body and forming an edge or
slope.
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Section 4. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Bioengineering" means integrating living woody and herbaceous materials with
organic (plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to
increase the strength and structure of the soil along a riverbank, accomplished by a
dense matrix of roots that hold the soil together. The above ground vegetation
increases the resistance to flow and reduces flow velocities by dissipating energy.
Section 5. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Bulkhead" means vertical structures erected parallel to and near the ordinary high
water mark for the purpose of protecting adjacent uplands from erosion from the action
of waves or currents.
Section 6. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Channel migration zone" means the area along a river within which the
channel(s) can be reasonably predicted to migrate over time as a result of natural and
normally occurring hydrological and related processes when considered with the
characteristics of the river and its surroundings.
Section 7. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Dike" means an embankment or structure built in the river channel to contain or
redirect flow within the channel and prevent shoreline destabilization.
Section 8. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Development, shoreline" means, when conducted within the Shoreline
Jurisdiction on shorelands or shoreland areas as defined herein, a use consisting of the
construction or exterior alteration of structures; dredging, drilling, dumping, filling,
removal of any sand, gravel, or minerals; construction of bulkheads; driving of piling,
placing of obstructions; or any project of a permanent or temporary nature that
interferes with the normal public use of the waters overlying lands subject to the
Shoreline Management Act at any stage of water level.
Section 9. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Ecological /ecosystem functions (or shoreline functions)" means the work
performed or role played by the physical, chemical, and biological processes that
contribute to the maintenance of the aquatic and terrestrial environments that constitute
the shoreline's natural ecosystem. See WAC 173 -26 -200 (2)(c).
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Section 10. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Ecosystem -wide processes" means the suite of naturally occurring physical and
geologic processes of erosion, transport, and deposition; and specific chemical
processes that shape landforms within a specific shoreline ecosystem and determine
both the types of habitat and the associated ecological functions.
Section 11. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Environment designation" means the term used to describe the character of the
shoreline in Tukwila based upon the recommended classification system established by
WAC 173 -26 -211 and as further refined by Tukwila's Shoreline Master Program (SMP).
Section 12. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Feasible" means, for the purpose of the Shoreline Master Program, that an action
such as a development project, mitigation, or preservation requirement, meets all of the
following conditions:
1. The action can be accomplished with technologies and methods that have
been used in the past in similar circumstances, or studies or tests have demonstrated in
similar circumstances that such approaches are currently available and likely to achieve
the intended results;
2. The action provides a reasonable likelihood of achieving its intended
purpose; and
3. The action does not physically preclude achieving the project's primary
intended legal use.
In cases where these guidelines require certain actions unless they are infeasible,
the burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the reviewing agency may weigh the action's relative public costs and
public benefits, considered in the short- and long -term time frames.
Section 13. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Flood plain" means that land area susceptible to inundation with a one percent
chance of being equaled or exceeded in any given year (synonymous with 100 -year
flood plain). The limit of this area shall be based upon flood ordinance regulation maps
or a reasonable method that meets the objectives of the Shoreline Management Act.
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Section 14. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Flood hazard reduction" means actions taken to reduce flood damage or
hazards. Flood hazard reduction measures may consist of nonstructural or indirect
measures, such as setbacks, land use controls, wetland restoration, dike removal, use
relocation, bioengineering measures, and storm water management programs; and of
structural measures such as dikes and levees intended to contain flow within the
channel, channel realignment, and elevation of structures consistent with the National
Flood Insurance Program.
Section 15. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Floodway" means the channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more than one foot.
Section 16. Definition Amended. Ordinance 1758 §1 (part), as codified in TMC
Chapter 18.06, "Definitions," at TMC Section 18.06.370, "Grading is amended to read
as follows:
18.06.370 Grading
"Grading" means activity that results in change of the cover or topography of the
earth, or any activity that may cause erosion, including clearing, excavation, filling and
stockpiling.
Section 17. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Large Woody Debris (LWD)" means whole trees with root wads and limbs
attached, cut logs at least 4 inches in diameter along most of their length, root wads at
least 6.5 feet long and 8 inches in diameter. Large woody debris is installed to address
a deficiency of habitat and natural channel forming processes.
Section 18. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Levee" means a broad embankment of earth built parallel with the river channel to
contain flow within the channel and prevent flooding from a designated design storm.
Section 19. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Levee, Minimum Profile" means the minimum levee profile for any new or
reconstructed levees is the King County "Briscoe Levee" profile -2.5 :1 overall slope
with 15 -foot mid -slope bench for maintenance access and native vegetation plantings.
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Section 20. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Mean Higher High Water (MHHW)" means the average of the higher high water
height of each tidal day, and used in determining the ordinary high water mark for the
tidally influenced portions of the river.
Section 21. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Native Vegetation" means vegetation with a genetic origin of Western
Washington, Northern Oregon and Southern British Columbia, not including cultivars.
Section 22. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"No Net Loss" means a standard intended to ensure that shoreline development
or uses, whether permitted or exempt, are located and designed to avoid loss or
degradation of shoreline ecological functions that are necessary to sustain shoreline
natural resources.
Section 23. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Nonconforming use, shoreline" means a use or development that was lawfully
constructed or established prior to the effective date of the Shoreline Management Act
or the Shoreline Master Program or amendments thereto, but which does not conform
to present regulations or standards of the program.
Section 24. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Non- water oriented uses" means those uses that are not water dependent,
water related, or water enjoyment.
Section 25. Definition Amended. Ordinance 1758 §1 (part), as codified in TMC
Chapter 18.06, "Definitions," at TMC Section 18.06.605, "Ordinary High Water Mark is
amended to read as follows:
18.06.605 Ordinary High Water Mark
"Ordinary High Water Mark" means the mark that will be found by examining the
bed and banks and ascertaining where the presence and action of waters (all lakes,
streams, and tidal water) are so common and usual, and so long continued in all
ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland, in respect to vegetation as that condition exists on June 1, 1971, as it may
naturally change thereafter, or as it may change thereafter in accordance with permits
issued by a local government or the Department of Ecology. In any area where the
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ordinary high water mark cannot be found, the ordinary high water mark adjoining salt
water shall be the line of mean higher high tide and the ordinary high water mark
adjoining fresh water shall be the line of mean high water.
Section 26. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Overwater Structure" means any device or structure projecting over the ordinary
high water mark, including, but not limited to bridges, boat lifts, wharves, piers, docks,
ramps, floats or buoys.
Section 27. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Public Access" means the ability of the general public to reach, touch or enjoy
the water's edge, to travel on the waters of the state, and to view the water and the
shoreline from adjacent locations. Public access may be provided by an owner by
easement, covenant, or similar legal agreement of substantial walkways, corridors,
parks, or other areas serving as a means of view and /or physical approach to public
waters. The Director may approve limiting public access as to hours of availability,
types of activity permitted, location and area.
Section 28. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Regional Detention Facility" means a stormwater detention and /or retention
facility that accepts flow from multiple parcels and /or public right -of -way. The facility
may be public or private.
Section 29. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Revetment" means a sloping structure built to increase bank strength and protect
an embankment or shore against erosion by waves or river currents. A revetment is
usually built of rock rip -rap, wood, or poured concrete. One or more filter layers of
smaller rock or filter cloth and "toe" protection are included. A revetment typically
slopes and has a rough or jagged face. The slope differentiates it from a bulkhead,
which is a vertical structure.
Section 30. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Riparian" means the land along the margins of rivers and streams.
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Section 31. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Riverbank analysis and report" means a scientific study or evaluation conducted
by qualified experts and the resulting report to evaluate the ground and /or surface
hydrology and geology, the geomorphology and hydraulic characteristics of the river,
the affected land form and its susceptibility to mass wasting, erosion, scouring and other
geologic hazards or fluvial processes. The report shall include conclusions and
recommendations regarding the effect of the proposed development on geologic and /or
hydraulic conditions, the adequacy of the site to be developed, the impacts of the
proposed development, alternative approaches to the proposed development, and
measures to mitigate potential site specific and cumulative geological, hydrological and
hydraulic impacts of the proposed development, including the potential adverse impacts
to adjacent and down current properties. Geotechnical /hydrological /hydraulic reports
shall conform to accepted technical standards and must be prepared by qualified
professional engineers or geologists who have professional expertise about the regional
and local shoreline geology and processes.
Section 32. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
Shorelands or shoreland areas" means those lands extending landward for 200
feet in all directions as measured on a horizontal plane from the ordinary high water
mark; floodways and contiguous flood plain areas landward 200 feet from such
floodways; and all wetlands and river deltas associated with the streams, lakes and tidal
waters that are subject to the provisions of the Shoreline Management Act.
Section 33. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline areas" means all "shorelines of the state" and "shorelands" as defined
in RCW 90.58.030.
Section 34. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline Jurisdiction" means the channel of the Green /Duwamish River, its
banks, the upland area which extends from the ordinary high water mark landward for
200 horizontal feet on each side of the river, floodways and all associated wetlands
within its 100 -year flood plain. For the purpose of determining shoreline jurisdiction
only, the floodway shall not include those lands that have historically been protected by
flood control devices and therefore have not been subject to flooding with reasonable
regularity.
Section 35. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
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"Shoreline modifications" means those actions that modify the physical
configuration or qualities of the shoreline area, through the construction or alteration of
a physical element such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead,
or other shoreline structure. "Shoreline modifications" may also include other actions,
such as clearing, grading, or application of chemicals.
Section 36. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline restoration or ecological restoration" means the re- establishment or
upgrading of impaired ecological shoreline processes, functions or habitats, including
any project that is approved by the Federal, State, King County, or City government or
the WRIA 9 Steering Committee, is intended to provide habitat restoration and where
the future use of the site is restricted through a deed restriction to prohibit non habitat
uses. This may be accomplished through measures including, but not limited to, re-
vegetation, removal of intrusive shoreline structures and removal or treatment of toxic
materials. Restoration does not imply a requirement for returning the shoreline area to
aboriginal or pre- European settlement conditions.
Section 37. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Shoreline Stabilization" means actions taken to protect riverbanks or adjacent
uplands from erosion resulting from the action of waves or river currents. "Hard"
structural stabilization includes levees, bulkheads and revetments. "Soft" shoreline
stabilization includes use of bioengineering measures where vegetation, logs, and /or
certain types of rock is used to address erosion control and /or slope stability.
Section 38. Definition Deleted. Ordinance No. 1758 §1 (part), as codified in TMC
Chapter 18.06, "Definitions," at TMC Section 18.06.765, "Shoreline zone," is deleted.
Section 39. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Significant Tree, Shoreline" means a single trunked tree that is 4 inches or more
in diameter at a height of 4 feet above the ground or a multi trunked tree with a diameter
of 2 inches or more (such as willows or vine maple).
Section 40. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Significant vegetation removal" means the removal or alteration of trees,
shrubs, and /or ground cover by clearing, grading, cutting, burning, chemical means, or
other activity that causes significant ecological impacts to functions provided by such
vegetation. The removal of invasive or noxious weeds does not constitute significant
vegetation removal. Tree pruning, not including tree topping, where it does not affect
ecological functions, does not constitute significant vegetation removal.
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Section 41. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Substantial development" means any development of which the total cost or fair
market value exceeds $5,000.00 or any development that materially interferes with the
normal public use of the water or shorelines of the state. The dollar threshold
established in this definition must be adjusted for inflation by the Office of Financial
Management every five years, beginning July 1, 2007, based upon changes in the
Consumer Price Index during that time period. "Consumer Price Index" means, for any
calendar year, that year's annual average Consumer Price Index, Seattle, Washington
area, for urban wage earners and clerical workers, all items, compiled by the Bureau of
Labor and Statistics, United States Department of Labor. The following shall not be
considered substantial developments for the purpose of the Shoreline Management Act,
but are not exempt from complying with the substantive requirements of this Shoreline
Master Program:
1. Normal maintenance or repair of existing structures or developments,
including repair of damage caused by accident, fire, or elements.
2. Emergency construction necessary to protect property from damage by the
elements.
3. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on shorelands, and
the construction and maintenance of irrigation structures including but not limited to
head gates, pumping facilities, and irrigation channels. A feedlot of any size, all
processing plants, other activities of a commercial nature, and alteration of the contour
of the shorelands by leveling or filling other than that which results from normal
cultivation, shall not be considered normal or necessary farming or ranching activities.
A feedlot shall be an enclosure or facility used or capable of being used for feeding
livestock hay, grain, silage, or other livestock feed, but shall not include land for growing
crops or vegetation for livestock feeding and /or grazing, nor shall it include normal
livestock wintering operations.
4. Construction or modification of navigational aids such as channel markers
and anchor buoys.
5. Construction on shorelands by an owner, lessee, or contract purchaser of a
single family residence for his own use or for the use of his or her family, which
residence does not exceed a height of 35 feet above average grade level and which
meets all requirements of the state agency or local government having jurisdiction
thereof, other than requirements imposed pursuant to this chapter.
6. Construction of a dock, including a community dock, designed for pleasure
craft only, for the private non commercial use of the owner, lessee, or contract
purchaser of single and multiple family residences. This exception applies if either:
$2,500, or
(a) In salt waters, the fair market value of the dock does not exceed
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(b) in fresh waters, the fair market value of the dock does not exceed
$10,000, but if subsequent construction having a fair market value exceeding $2,500
occurs within five years of completion of the prior construction, the subsequent
construction shall be considered a substantial development for the purpose of this
chapter.
7. Operation, maintenance, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or developed as a
part of an irrigation system for the primary purpose of making use of system waters,
including return flow and artificially stored groundwater for the irrigation of lands.
8. The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with normal public use of the surface of the
water.
9. Operation and maintenance of any system of dikes, ditches, drains, or
other facilities existing on September 8, 1975, which were created, developed, or
utilized primarily as a part of an agricultural drainage or diking system.
10. Site exploration and investigation activities that are prerequisite to
preparation of an application for development authorization under this chapter, if:
a. The activity does not interfere with the normal public use of the surface
waters;
b. The activity will have no significant adverse impact on the environment
including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and
aesthetic values;
c. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the site are restored
to conditions existing before the activity,
d. A private entity seeking development authorization under this section
first posts a performance bond or provides other evidence of financial responsibility to
the local jurisdiction to ensure the site is restored to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW
90.58.550 (Oil and Natural Gas exploration in marine waters).
11. The process of removing or controlling an aquatic noxious weed, as
defined in RCW 17.26.020, through the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental impact
statement published by the Department of Agriculture or the department jointly with
other state agencies under chapter 43.21 C RCW.
12. Watershed restoration projects, which means a public or private project
authorized by the sponsor of a watershed restoration plan that implements the plan or a
part of the plan and consists of one or more of the following activities:
a. A project that involves less than 10 miles of stream reach, in which
less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or
discharged, and in which no existing vegetation is removed except as minimally
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necessary to facilitate additional plantings.
b. A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock as a stabilization
only at the toe of the bank, and with primary emphasis on using native vegetation to
control the erosive forces of flowing water.
c. A project primarily designed to improve fish and wildlife habitat,
remove or reduce impediments to migration of fish, or enhance the fishery resource
available for use by all of the citizen of the state, provided that any structure, other than
a bridge or culvert or instream habitat enhancement structure associated with the
project, is less than 200 square feet in floor area and is located above the ordinary high
water mark of the stream.
13. Watershed restoration plan, which means a plan, developed or sponsored
by the Department of Fish and Wildlife, the Department of Ecology, the Department of
Natural Resources, the Department of Transportation, a federally recognized Indian
tribe acting within and pursuant to its authority, a city, a county or a conservation district
that provides a general program and implementation measures or actions for the
preservation, restoration, re- creation, or enhancement of the natural resources,
character, and ecology of a stream, stream segment, drainage area or watershed for
which agency and public review has been conducted pursuant to the State
Environmental Policy Act.
14. A public or private project that is designed to improve fish or wildlife habitat
or fish passage, when all of the following apply:
a. The project has been approved in writing by the Department of Fish
and Wildlife;
b. The project has received hydraulic project approval by the Department
of Fish and Wildlife pursuant to chapter 77.55 RCW, and
c. The local government has determined the project is substantially
consistent with the local shoreline master program. The local government shall make
such determination in a timely manner and provide it by letter to the project proponent.
Additional criteria for determining eligibility of fish habitat projects are found in
WAC 173 -27 -040 2 (p) and apply to this exemption.
Section 42. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water dependent" means a use or portion of a use that cannot exist in a location
that is not adjacent to the water and that is dependent on the water by reason of the
intrinsic nature of its operations. Examples of water dependent uses include ship cargo
terminal loading areas, marinas, ship building and dry docking, float plane facilities,
sewer outfalls, and shoreline ecological restoration projects.
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Section 43. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water enjoyment" means a recreational use or other use that facilitates public
access to the shoreline as a primary characteristic of the use. The use must be open to
the general public and the shoreline- oriented space within the project must be devoted
to the specific aspects of the use that fosters shoreline enjoyment. Examples of water
enjoyment uses include parks, piers, museums, restaurants, educational /scientific
reserves, resorts and mixed use projects.
Section 44. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water oriented" means a use that is water dependent, water related or water
enjoyment or a combination of such uses.
Section 45. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"Water related" means a use or portion of a use that is not intrinsically dependent
on a waterfront location but whose economic viability is dependent upon a waterfront
location because:
a. The use has a functional requirement for a waterfront location such as
the arrival or shipment of materials by water or the need for large quantities of water; or
b. The use provides a necessary service supportive of the water
dependent uses and the proximity of the use to its customers makes its services less
expensive and /or more convenient.
Examples of water related uses are warehousing of goods transported by water,
seafood processing plants, hydroelectric generating plants, gravel storage when
transported by barge, and log storage or oil refineries where transport is by tanker.
Section 46. Definition Added. A new definition is added to TMC Chapter 18.06 to
read as follows:
"WRIA" means Water Resource Inventory Area —river basin planning and
management areas formalized under Washington Administrative Code (WAC) 173 -500-
04 and authorized under the Water Resources Act of 1971, Revised Code of
Washington (RCW) 90.54. WRIA 9 refers to the Green /Duwamish River Basin within
which Tukwila is located.
Section 47. Repealer. Ordinance No. 2272 is hereby repealed.
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Section 48. 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 49. 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
cd by law and reGeint upon
approval of the Shoreline Master Proara the Washington State Department of
Ecology of a- Ge Ge'� (`4 a g%em°nt to the Departm °nt
Of EG01Qgo F e ed T Gh anges to t he w• fi g -i ni t t i o o. r n is in the Gr y'c c her°lin° r°nulatienc set
forth her ir+ and publication as p rovided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 1 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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