HomeMy WebLinkAboutReg 2011-08-15 Item 6B - Shoreline Master Program - Complete PacketCOUNCIL AGENDA SYNOPSIS
CAS NUMBER: 11-064
AGENDA ITEIM TrTI E
CATEGORY
SPONSOR
SPONSOR'S
SUMMARY
Discussion
Mtg Date 6 -271
7 2.5 /R R
F Council
Department of Ecology (Ecology) Required Changes to Tukwila Shoreline Master
Program (SMP)
Motion
Initials
ITEMNO.
Meeting Date
Prepared by Mayo f review
Council review
6/27/11
CL
B
7/25/11
CL I
8/08/11
I CL I
MA
8/15/11
I CL I
A
ITEM INFORMATION
STA' SPONSOR: JACK PACE
FF
ORIGINAI..AGL;ND,\ DA'r'r 6/27/11
Department of Ecology (Ecology) Required Changes to Tukwila Shoreline Master
Program (SMP)
Motion
Resolution
Ordinances
Bid Award
Public Hearing ®IY/orkSessian
,A/It
g Date
Mtg Date
Alt g Date 8115111
Mtg Date
11tg Date 6- 2717 -25 117tg Dale 5/11/11
Mayor HR
DCD
Finance
.Fire IT
.P&R Police PIr/
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.
REVJFWED BY
DATE: 05-11-11 WORK SESSION COMMITTEE UTAIR:
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Consensus to Move Forward to Public Hearing
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$N /A
Fund Source:
Comments:
I MTG.DATEI RECORD OF COUNCIL ACTION
5/11/11 Council Work Session on Ecology Required and Recommended Changes to SMP
6/27/11 I 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
8/08/11 Forward to next Regular Meeting
MTG. DATE I ATTACHMENTS
8/15/11 Informational Memorandum dated 8/10/11
Revised Ordinance Repealing Ordinance 2269 (refer to8/ 8C. O. w packet for ordinance attachments)
Revised Ordinance Repealing Ordinance 2270 (refer to 8 /8c.o packet for ordinance attachments)
Revised Ordinance Repealing Ordinance 2271
Revised Ordinance Repealing Ordinance 2272
Map 6, illustrating possible change in shoreline environment
9
10
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Members of the City Council
FROM: Jack Pace, Community Development Director
DATE: August 10, 2011
SUBJECT: Regular Council Meeting on Ecology Required and Recommended
Revisions to City Adopted Shoreline Master Program
ISSUE
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
At the Committee of the Whole meeting on August 8, 2011, Council moved the four ordinances
incorporating the Ecology required and some recommended changes as well as the
housekeeping items that fell within the scope of the Ecology required changes to the Regular
Meeting on August 15, 2011. The Council also heard from Mr. Joe Desimone, on behalf of the
Desimone Trust, who requested a change of shoreline environment designation to a portion of a
property the Trust owns on the Duwamish River. The map change would affect Map 6 of the
color quarter section maps of the shoreline environments.
Staff was asked to discuss with Ecology representative Dave Radabaugh whether the map
change falls within the scope of Ecology required /recommended changes and would therefore
be reviewed quickly with the other housekeeping items. As Mr. Radabaugh is out of the office
until Monday, August 15, 2011, staff will bring this information to the Council meeting on
August 15.
DISCUSSION
Staff was asked to provide information on the implications of the map change from High
Intensity to Urban Conservancy on two properties on the Duwamish River.
The buffer width is 100 feet for both the High Intensity and the Urban Conservancy shoreline
environments. The permitted uses in each shoreline environment are very similar these uses
are summarized on the Use Matrix found in the Shoreline Master Program in Section 8. One
major difference is that in the High Intensity Environment, footnote 8 applies i.e. non- water-
oriented uses may be allowed as a permitted use in the High Intensity environment 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. Footnote 8 is proposed to be removed
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11
August 15, 2011 City Council Meeting
Informational Memo
August 10, 2011
from properties that are designated Urban Conservancy as one of the housekeeping revisions
proposed by the City.
The map change would affect two parcels. One parcel, owned by the Desimone Trust, is split
between the Urban Conservancy and High Intensity environment; the second parcel is owned
by another party. The two parcels border a small inlet to the Duwamish River on the north a
storm water pipe, which conveys storm water from State Highway 99, discharges into this inlet.
The banks are steep and the water level fluctuates due to tidal influence. This area is just south
of the Turning Basin, which is the end of the portion of the Duwamish River that is navigable for
large water craft.
RECOMMENDATION
At the August 15, 2011 Regular Meeting, the Council is being asked to adopt the four revised
ordinances that include the Ecology required and some recommended changes, as well as the
housekeeping changes that fall within the scope of the Ecology required /recommended
changes. If the shoreline environment change falls within the scope of the Ecology required
changes, staff recommends including that in the materials sent to the Department of Ecology for
review.
ATTACHMENTS
Revised Ordinance repealing Ordinance 2269, and adopting a new shoreline master
program (please refer to the 818 C. 0. W. packet for the attachment to this ordinance)
Revised Ordinance repealing Ordinance 2270, and adopting shoreline comprehensive
plan goals and policies (please refer to the 818 C.O.W. packet for the attachment to this
ordinance)
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.
Map 6, illustrating possible change in shoreline environment from High Intensity to Urban
Conservancy for two parcels
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City of 'Tukwila
Washington
Ordinance Noe
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, e -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 I.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 Program by the Washington State Department of
Ecology and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTH E NTI CATE D:
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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City of Tukwila
Washington
Ordinance No.
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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19
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
upon approval of the Shoreline Master Program by the Washington State Department of
Ecology and publication as provided by law.
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20
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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22
City of TujCWi*1a
Washington
Ordinance Igo.
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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iK
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, e -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 Principally 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.
SHORELINE USE MATRIX*
P May be allowed subject to development Shoreline Urban
standards and permitting requirements set forth Residential Conservancv
in this SMP.
C May be allowed as a Shoreline Conditional
Use.
X The use or activity is prohibited in shoreline
jurisdiction environment.
AGRICULTURE
I Farming and farm related activities
I COMMERCIAL (4)
General
Automotive services, gas (outside pumps
allowed), washing, body and engine repair
shops (enclosed within a building)
Contractors storage yards
Water oriented uses
CIVICIINSTITUTIONAL
General
ESSENTIAL PUBLIC FACILITY
(Water Dependent)
ESSENTIAL PUBLIC FACILITY
(Non -water Dependent) (9)
FLOOD HAZARD MANAGEMENT
Flood hazard reduction
I Shoreline stabilization
INDUSTRIAL (7)
General
Animal rendering
Cement manufacturing
Hazardous substance processing and handling
hazardous waste treatment and storage
facilities (on or off -site) (6)
Rock crushing, asphalt or concrete batching or
mixing, stone cutting, brick manufacture, marble
works, and the assembly of products from the
High Aquatic
Intensity Environment
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Non-
Non-
Non
Buffer(1)
Buffer
Buffer (2)
Buffer
Buffer (3)
Buffer
X I
X
I X I
P
I X I
X I
X I
X I
X
I X I
P
I X I
P (8) I
P (5)
X
X
X
C
X
C (8)
X
X i
P
i P i
P
i
CP$)
P
P i
i
P
X
P
I X I
P I
X I
P I
X
C
C
C
C
C
C
P (5)
C
C
C
C
C
C
C
P I
P I
P I
P I
P I
P I
P
P I
P I
P I
P I
P I
P I
P I
X I
X I
P (5 I
P I
P (5 I
P I
P
X I
X I
X I
C I
X I
X I
X
X
X I
X I
C I
X I
C I
X
X
X
X
X
X
X
X
X
X
X
C)
X
C (8)
X
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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 I I
Salvage and wrecking operations j X I X I X I C I X I
C (8)
X
Tow -truck operations, subject to all additional X X X C X
P (8)
X
State and local regulations
Truck terminals I X I X I X I P I X I
P (8) I
X
Water oriented uses I X I X I P I P P I
P I
P
MINING
General I x I X I X I X I X I
X l
X
Dredging I X I x I X I X I X I
X l
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) X X X P I X I
P(11)
X
Recreation facilities (commercial outdoor) I X j X I C (12) j 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 X (10) P X P X I
X
X
Houseboats X I X I X X X
X I
X
Live aboards X I X X X X
X
P
(TRANSPORTATION
General I C I C I C I C I C I
C I
C
Park ride lots I X I X I X I C I X I
C (9) I
X
I 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 remediatioh 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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32
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).
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.
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.
34
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.
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 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.
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, repair of existing stabilization or
modifications to the river bank must comply with the standards in the Shoreline
Stabilization Section, TMC Section 18.44.070(F).
e
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 level
physically possible to achieve such a slope;
close to 2.5H:1 V as physically possible.
slope must be 2.5HAV unless it is not
in that instance, the levee slope must be as
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,
ii
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.
2. Billboards and other off premise signs are strictly forbidden in the shoreline
buffer.
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 I
Number of Replacement
Trees Required
3
4
6
8
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
56
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
5 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
Sensitive Area Studies. At a minimum,
following information, as applicable:
Fish and Wildlife Conservation Area
the sensitive area study shall contain the
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 11 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 Il 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.
1. 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.
watercourses.
(6) Provide input of organic debris and nutrient transport in
(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 II 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 shalir 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:
(1) To allow planting or re- vegetation to occur during optimal weather
conditions;
(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 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 Program by the Washington State Department of
Ecology and publication as provided by law.
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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 /AUTH E NTI CATE D:
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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102
City of Tukwila
Washington
Ordinance No.
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, e -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
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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:
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.
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.
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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).
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.
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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.
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.
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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.
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.
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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
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.
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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.
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
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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:
"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.
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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.
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
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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
(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.
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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
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.
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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.
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-
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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.
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
upon approval of the Shoreline Master Program by the Washington State Department of
Ecology and publication as provided by law.
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117
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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s
a)
ca
a�
U)
Printed May 2011
1 =400'
Location of OHWM,
wetland sizes locations
are approximate only.
Watercourses shown on
this map have not
been surveyed.
119
City of Tukwila Shoreline Environment Designations NE Qua
04
See Page 4
See Page 8
Ordinary High Water Mark
U Aquatic Environment
o o ooType 2 Stream (100' Buffer)
High Intensity -100' Buffer
o Type 2 Stream in Pipe
High Intensity Outside Buffer
Type 3 Stream (80' Buffer)
Urban Conservancy Levee -125' Buffer
Type 3 Stream in Pipe
Urban Conservancy Levee Outside Buffer
Type 4 Stream (50' Buffer)
Urban Conservancy No Levee -100' Buffer
Type 4 Stream in Pipe
Urban Conservancy No Levee Outside Buffer LLA Fish and Wildlife Habitat Areas (100' Buffer)
Shoreline Residential Min. 50' Buffer
LULA Potential Wetlands
Shoreline Residential Outside Buffer
Category 11 Wetland (100' Buffer)
Tukwila City Limits
IM Category III Wetland (80' Buffer)
`Potential Annexation Area
MI Category IV Wetland (50' Buffer)
Printed May 2011
1 =400'
Location of OHWM,
wetland sizes locations
are approximate only.
Watercourses shown on
this map have not
been surveyed.
119
City of Tukwila Shoreline Environment Designations NE Qua
04
See Page 4
120