HomeMy WebLinkAboutOrd 2269 - DOCUMENT A - Shoreline Master Program Update (Repealed by Ord 2344)x
TUKWILA SHORELINE MASTER PROGRAM
E t 0 LOGY
December 14. 2009
ATTACHMENT A
Prepared by Tukwila Department of Community Development
with the assistance of ESA Adolfson
This report was funded in part through a grant from the Washington State Department of
Ecology.
2009 Shoreline Master Program
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TABLE OF CONTENTS
1. INTRODUCTION 1
1.1 Purpose and Background 1
1.2 Shoreline Jurisdiction 2
2. TUKWILA'S SHORELINE MASTER PROGRAM 5
2.1 SMP Components 5
2.2 SMP Elements 5
2.3 History of SMP Planning in Tukwila 6
2.4 Current SMP Update Process 6
2.5 Citizen Review Processes 7
3. DEFINITIONS 9
4. SHORELINE INVENTORY AND CHARACTERIZATION SUMMARY 19
4.1 Watershed Context and Shoreline Modifications 19
4.2 Biological Resources and Shoreline Functions 20
4.3 Land Use 21
4.4 Restoration Opportunities and Potential Use Conflicts 23
4.5 Conclusions 25
5. SHORELINE RESTORATION PLAN SUMMARY 27
5.1 Background 27
5.2 Assessment of Shoreline Functions 27
5.3 Plans, Programs, and Completed Projects 29
5.4 Restoration Opportunities 29
5.5 Potential Projects and Priorities 30
6. SHORELINE GOALS AND POLICIES 31
6.1 Shoreline Environment Designations, Comprehensive Plan Goal 5.1 31
6.2 Shoreline Planning and Management, Comprehensive Plan Goal 5.2 33
6.3 Land Development Use and Economic Vitality, Comprehensive Plan
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Goal 5.3 34
6.4 Private Property Rights, Comprehensive Plan Goal 5.4 36
6.5 Shoreline Design Quality, Comprehensive Plan Goal 5.5 36
6.6 Access and Recreational Use, Comprehensive Plan Goal 5.6 37
6.7 Transportation within the Shoreline Jurisdiction, Comprehensive Plan
Goal 5.7 40
6.8 Historical Resource Use and Archaeological Protection,
Comprehensive Plan Goal 5.8 40
6.9 Natural Environment and Habitat Use, Comprehensive Plan Goal 5.9 41
6.10 Water Quality, Surface Water and Flood Control Use, Comprehensive
Plan Goal 5.10 41
6.11 Public Health, Safety and Welfare, Comprehensive Plan Goal 5.11 42
7. SHORELINE ENVIRONMENT DESIGNATIONS 43
7.1 Existing Regulatory Framework 43
7.2 Key Findings of the Shoreline Inventory Characterization Report and
Restoration Plan 44
7.3 State Environment Designation System 45
7.4 Proposed Environment Designations 47
7.5 Determination of Shoreline Buffers 51
7.6 Shoreline Residential Environment 56
7.7 Urban Conservancy Environment 58
7.8 High Intensity Environment 62
8. SHORELINE USE REGULATIONS 65
8.1 General Use Regulations 65
8.2 Shoreline Residential Environment -Uses 65
8.3 Urban Conservancy Environment Uses 68
8.4 High Intensity Environment Uses 69
9. SHORELINE DEVELOPMENT STANDARDS 73
9.1 Applicability 73
9.2 Shoreline Residential Development Standards 73
9.3 High Intensity and Urban Conservancy Environment Development
Standards 74
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9.4 Surface Water and Water Quality 76
9.5 Flood Hazard Reduction 77
9.6 Shoreline Stabilization 78
9.7 Archaeological, Cultural and Historical Resources 80
9.8 Environmental Impact Mitigation. 81
9.9 Off Street Parking and Loading Requirements 82
9.10 Vegetation Protection and Landscaping 83
9.11 Land Altering Activities 91
9.12 Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and
Other Over -water Structures 92
10. ENVIRONMENTALLY SENSITIVE AREAS WITHIN THE SHORELINE
JURISDICTION. 97
10.1 Purpose 97
10.2 Applicability, Maps and Inventories 97
10.3 Best Available Science 98
10.4 Sensitive Area Studies 98
10.5 Procedures 101
10.6 Wetland Determinations and Classifications 101
10.7 Watercourse Designation and Ratings 103
10.8 Fish and Wildlife Habitat Conservation Areas 103
10.9 Wetland Watercourse, and Fish and Wildlife Habitat Conservation
Area Buffers 104
10.10 Areas of Potential Geologic Instability 106
10.11 Sensitive Areas Permitted Uses and Alterations 110
10.12 Sensitive Areas Mitigation 113
11. PUBLIC ACCESS TO THE SHORELINE 119
11.1 Applicability 120
11.2 General Standards 121
11.3 Requirements for Shoreline Trails 122
11.4 Publicly -Owned Shorelines 122
11.5 Public Access Incentives 123
11.6 Exemptions from Provision of On -Site Public Access 124
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12. SHORELINE DESIGN GUIDELINES 127
12.1 Relationship of Structure to Site 127
12.2 Building Design 127
12.3 Design of Public Access 128
13. SHORELINE RESTORATION 131
13.1 Shoreline Substantial Development Permit Not Required 131
13.2 Changes in Shoreline Jurisdiction due to Restoration 131
14. ADMINISTRATION 135
14.1 Applicability of Shoreline Master Program and Substantial
Development Permit 135
14.2 Substantial Development Permit Requirements 135
14.3 Shoreline Conditional Use Permit 136
14.4 Shoreline Variance Permits 137
14.5 Non conforming Development 139
15. APPEALS 143
16. ENFORCEMENT AND PENALTIES 143
16.1 Violations 143
16.2 Enforcement 143
16.3 Inspection Access 143
16.4 Penalties 144
16.5 Remedial Measures Required 144
16.6 Injunctive Relief 144
16.7 Abatement 145
17. MASTER PROGRAM REVIEW AND AMENDMENTS 145
18. LIABILITY 145
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LIST OF FIGURES
Figure 1. Current Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44) 44
Figure 2. Minimum Levee Profile 55
Figure 3. Schematic of Shoreline Residential Environment and Buffer 58
Figure 4. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy
Environment in Areas without Levees 60
Figure 5. Schematic of Buffer Reduction Through Placing of Fill on Levee Back Slope 62
Figure 6. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy
Environment in Areas with Levees 62
Figure 7. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High
Intensity Environment 64
LIST OF TABLES
Table 1. General Restoration Potential within the Shorelines of Tukwila 28
Table 2. State Recommended Environment Designation System WAC 173 -26 -211 (5) 46
Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline Ecological
Conditions 48
Table 4. Tree Replacement Requirements 85
Table 5. River Buffer Vegetation Planting Densities 89
96
LIST OF MAPS
Map 1. Potential Annexation Areas
Map 2. Transition Zone
Map 3. Annexation History
Map 4. Proposed Shoreline Environments
Map 5. Shoreline Armoring
Map 6 Sensitive Areas in the Shoreline
Map 7. Shoreline Public Access
APPENDICES
A. Shoreline Inventory and Characterization Report
B. Shoreline Restoration Plan
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1. INTRODUCTION
1.1 Purpose and Background
December, 2009
Shoreline Master Program
This document presents the Shoreline Master Program (SMP) for the City of Tukwila. It is
an update to Tukwila's existing SMP, originally adopted in 1974. The SMP is intended to
guide new shoreline development, redevelopment and promote reestablishment of natural
shoreline functions, where possible. It was prepared in conformance with the Washington
State Shoreline Management Act (Chapter 90.58 RCW) and its implementing regulations
(WAC 173 -26).
This Shoreline Master Program represents the first substantial amendment to the existing
SMP since its adoption in 1974, and reflects changes in local conditions and priorities and
the evolving State regulatory environment. An example of changes in local conditions is
that Tukwila has annexed significant amounts of shoreline from 42nd Avenue South
northward and is evaluating additional annexation of King County shoreline areas upstream
of the southern City limits (Potential Annexation Area Map, Map 1). On these portions
of the shoreline, since the SMP was not updated concurrently with the annexations,
regulators still use the King County SMP and not Tukwila's.
An example of changes in the State's regulatory environment is seen in the series of
regulations adopted in 1995 by the Washington State Legislature intended to simplify and
streamline the development process. This effort included amendments to RCW 36.70A
requiring that goals and policies of local SMPs be integrated into local Growth Management
Act (GMA) supportive plans. Consistency between the Shoreline Master Program, the
Comprehensive Plan and implementing regulations is required. The GMA also requires that
land use planning efforts be coordinated among all involved citizens, local, regional and
Tribal governments, and businesses. The new Tukwila Master Program complies with these
state requirements.
New guidance issued by the Department of Ecology for local governments updating their
SMPs adds new requirements to the preparation process, including a Shoreline Restoration
Plan and a Cumulative Impacts Analysis.
This Shoreline Master Program presents background information on the Shoreline
Management Act, describes shoreline jurisdiction in Tukwila, summarizes the amendment
process carried out to date, presents a summary of the Shoreline Inventory and
Characterization, presents a summary of the Shoreline Restoration Plan, proposes shoreline
environments, and establishes goals, policies and regulations, which apply to all activities on
all affected lands and waters within the shoreline jurisdiction. In addition, there is a chapter
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that establishes design guidelines. Maps are provided to illustrate shoreline jurisdiction and
environments. The Shoreline Inventory and Characterization Report is provided in
Appendix A. The Restoration Plan is provided in Appendix B. A Cumulative Impacts
Analysis is provided as a stand -alone document.
1.2 Shoreline Jurisdiction
A. Jurisdiction under the Shoreline Management Act
The Shoreline Management Act, or SMA, (RCW 90.58) establishes regulations for the
management and protection of the state's shoreline resources and requires planning for
reasonable and appropriate uses. The Act calls for a joint planning effort between state and
local jurisdictions, requiring local government to develop its own Shoreline Master Program
based on state guidelines.
The SMA requires that local governments establish shoreline jurisdiction for those bodies
of water and lands that are considered to be "shorelines of the state" or "shorelines of
statewide significance." Shorelines of the state include rivers with a mean annual flow of
at least 20 cubic feet per second (cfs). Shorelines of statewide significance in western
Washington include rivers with a mean annual flow of at least 1,000 cubic feet per
second (cfs). The minimum shoreline environment required by the SMA includes all
lands 200 feet from the "ordinary high water mark" or floodway of a state shoreline,
whichever is greater, and all wetlands associated with these state shorelines and located
within the 100 -year floodplain. The following graphic illustrates the jurisdiction of the
Shoreline Management Act.
Ordinary high
water mark
(OHWM)
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1111 1111 1111 I I I I 111 I 1 1111 1111 1111 Ill IIII IIII IIII IIII IIII
I 200'
Flood wav
1 200'
100 Year Flood Plain
200' from OHWM or flood way and
all marshes, bogs, and swamps in
100 year flood plain
Wetland in 100 year
Flood plain
200' from OHWM and 100 year flood plain
Figure 1.1 Lands and waters under the jurisdiction of the Shoreline Management Act
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B. Shoreline Jurisdiction in Tukwila
The Green/Duwamish River is the only "shoreline of statewide significance" in the city
(RCW 98.58.030). Throughout the SMP document, the term "Shoreline Jurisdiction" is
used to describe the water and land areas subject to shoreline jurisdiction in Tukwila.
Based on SMA guidelines for shoreline jurisdiction, Tukwila's Shoreline Jurisdiction is
defined as follows:
The Tukwila Shoreline Jurisdiction includes the channel of the
Green/Duwamish River, its banks, the upland area which extends
from the ordinary high water mark landward for 200 feet on each
side of the river, floodways and all associated wetlands within its
floodplain. For the purpose of determining shoreline jurisdiction
only, the floodway shall not include those lands that have
historically been protected by flood control devices and, therefore,
have not been subject to flooding with reasonable regularity.
The Tukwila SMP applies to all development activity occurring within the Shoreline
Jurisdiction, which corresponds to the Shoreline Overlay District as established by
Chapter 18.44 of the Tukwila Municipal Code.
The use of the ordinary high water mark, or OHWM, represents a change from the
previous Master Program, which used the mean high -water mark (MHWM). The
MHWM is the elevation of the surface of Green River and Duwamish River waters when
the discharge rate at the U.S. Geological survey Stream Gauging Station near Auburn is
9,000 cfs. Locating the MHWM requires the skills of a surveyor. The OHWM is used to
define the usual height of water, as evidenced by soil and vegetation conditions. It may
be visually located based on the line between flood tolerant and non flood tolerant
vegetation along the riverbank. Due to the relative ease of locating the OHWM, this
measure is preferred and therefore implemented in this SMP. The Shoreline
Management Act also requires the use of the OHWM as the means by which location of
the shoreline environment is determined.
All proposed uses and activities under its jurisdiction must be reviewed for compliance with
the goals, policies and regulations herein. All proposed uses and development occurring
within shoreline jurisdiction must conform to chapter 90.58 RCW, the Shoreline
Management Act and this Master Program whether or not a permit is required.
This Master Program includes the two proposed annexation areas indicated in the
Comprehensive Plan (Map 1). The north annexation area is located between the
Green/Duwamish River on the east, Military Road to the west, and from S. 128th Street
north to S. 96th Street. The south annexation area is located between I -5 and the Green
River, south of the City limits to S. 204th Street. Adoption of shoreline policies and
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environment designations for newly annexed areas would require an amendment to the
Shoreline Master Program. To avoid having to amend the SMP later, these potential
annexation areas are considered here and the environmental designations and regulations
will apply upon annexation.
In response to regional policies of the King County Growth Management Planning Council,
Tukwila designated two key areas as its Urban Center and its Manufacturing Industrial
Center (MIC). The Southcenter area, from I -405 south to S. 180 Street was designated the
"Urban Center," and the Duwamish Corridor, an area where existing industrial employment
is concentrated, was designated as Tukwila's "Manufacturing Industrial Center." Both of
these areas have lands adjacent to the river and are identified on Map 1.
The Tukwila Urban Center is continuing to expand and intensify the Westfield Southcenter
Mall recently completed the addition of 475,000 sq. ft. of retail space and a new 220,000
square foot shopping center along Southcenter Parkway, Southcenter Plaza recently was
completed. This SMP assumes the re- development of Tukwila's Urban Center and the MIC
will affect the character of the river, as it has in the past.
The City Council adopted a Strategic Implementation Plan for the MIC on November 2,
1998. The Plan includes an analysis of existing conditions along the shoreline, narratives of
various habitats, current regulations, proposed requirements and prototypes for future
development along the shoreline in the MIC. The Strategic Plan was prepared in
conjunction with a Planned Action Environmental Impact Statement that analyzed
development alternatives in the MIC area and streamlined SEPA review for development in
that corridor for the past 10 years. These documents are now 9 -12 years old. Where
changed circumstances dictate, the SMP will provide updated guidance and regulations for
the MIC area. The MIC area has significant potential for redevelopment.
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2. TUKWILA'S SHORELINE MASTER PROGRAM
2.1 SMP Components
To comply with the SMA, Tukwila has included the following components in development
of this draft Shoreline Master Program (SMP):
Outreach including a citizen participation process, coordination with state
agencies, Indian tribes, and other local governments (see Section 2.4 below)
Inventory, analysis and characterization of shoreline conditions, environmental
functions and ecosystem -wide processes
Analysis of potential shoreline restoration opportunities
Establishment of shoreline environments
Development of goals and policies
Preparation of regulations
Preparation of Shoreline Design Guidelines
Evaluation and consideration of cumulative impacts
2.2 SMP Elements
The SMA includes eight main issues, or "elements," to be addressed in each local shoreline
master program (RCW 90.58.100). To implement these elements, shoreline policies and
regulations are to be developed for each. The policies are found in The Shoreline Goals and
Policies Section of this SMP and the regulations in the following sections: Shoreline Use
Regulations; Shoreline Development Standards; Environmentally Sensitive Areas within the
Shoreline; Public Access to the Shoreline; Shoreline Design Guidelines; and Habitat
Restoration. The policies will be incorporated into the City's Comprehensive Plan and the
regulations into the Zoning Code. The elements required by the SMA are:
Economic Development
Public Access
Recreation
Circulation
Shoreline Uses
Conservation
Historical, cultural, educational and scientific element
Preventing or minimizing flood damage
Consistent with the Growth Management Act requirement to integrate the SMP and the
Comprehensive Plan, the City adopted its updated Comprehensive Plan in 1995 and
incorporated the required elements of a SMP noted above into its Plan. Further direction
for implementation of the required elements of SMPs is provided through Zoning Code
and Design Review requirements.
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2.3 History of SMP Plannine in Tukwila
Tukwila's Shoreline Master Program (SMP) was first adopted in 1974, in response to the
passage of the Shoreline Management Act (RCW 90.58). The SMP was later updated
through minor amendments in 1982 and 1987, none of which required the adoption of a new
SMP.
In 1992 -93, as part of the preparation for a major revision to the City's Comprehensive Plan,
the City completed a Shorelines Background Report (1993), with the participation of the
Tukwila Tomorrow Citizen's Committee. This report established the basis for the shoreline
comprehensive plan goals and policies. The report was reviewed and approved by citizens
and officials as part of the entire Comprehensive Plan adoption process. The
Comprehensive Plan was adopted in 1995.
While effective in setting the stage for the development of a new Shoreline Master Program
(SMP), the policies adopted as part of the 1995 Comprehensive Plan were only the first step.
Staff began the process to prepare a new SMP in the spring of 1999, based on the draft
shoreline guidelines that were in the process of adoption by the Department of Ecology at
the time.
A grant from the Washington State Department of Ecology provided funding for a
Shoreline Inventory and Shoreline Design Manual. The City completed an inventory of
all parcels within the 200 foot Shoreline jurisdiction in 2000. Based on that inventory
and the policies adopted in the Comprehensive Plan, staff prepared a draft Shoreline
Master Program, which also incorporated citizen comments from meetings.
As the Planning Commission was nearing completion of its review of the draft SMP, the
new shoreline regulations were approved by Ecology in November, 2000. The new
regulations were immediately appealed and ultimately invalidated by the Shoreline Hearings
Board in August, 2001. As a result, the City opted to defer completing its SMP update
process until new guidelines were issued by Ecology, which occurred in 2003.
2.4 Current SMP Update Process
In 2003 the legislature established funding and timelines for all jurisdictions to undertake
comprehensive master program amendments. In 2005, Tukwila received a grant (SMA
Grant No. 0600234) to complete a comprehensive update, including new technical analyses
of shoreline conditions, restoration planning, and the preparation of revised SMP goals,
policies, and regulations. The overall update process is described further below.
In order to capitalize on previous citizens' involvement in the planning process, the City
decided to start the current SMP update with the work that had been prepared to date.
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Therefore, this draft document represents the work begun in 1999, with revisions to address
new Ecology regulations and guidance, as well as changed conditions in the City's shoreline
area.
The development of any SMP, as required by new shoreline regulations, involves three
specific steps
Shoreline inventory and characterization, preparation of a restoration plan,
preparation of a cumulative impacts analysis;
Citizen involvement in development of policies and regulations; and
Review by interested parties, including adjacent jurisdictions.
As part of this renewed SMP update process, the City has:
Continued the previously started citizen involvement program utilizing the
Planning Commission, which serves as the City's permanent citizen advisory
body for land use issues, holding Open Houses and public hearings
Coordinated and shared information with neighboring jurisdictions
Updated and expanded the Shoreline Inventory and mapping (included as
Appendix A to this document)
Prepared a Shoreline Restoration Plan (Appendix B)
Proposed shoreline environment designations
Proposed shoreline development policies
Proposed shoreline development regulations
Prepared a draft Cumulative Impacts Analysis
Coordinated with Department of Ecology, submitting a staff draft SMP for
review and comment and meeting with Ecology staff
2.5 Citizen Review Processes
The citizen review component of the SMP amendment process began in 1992 in concert
with the development of a Revised Comprehensive Plan. Tukwila Tomorrow, a citizen's
advisory group, met to determine shoreline issues, develop draft policies for the
Comprehensive Plan, and prepare a Shoreline Background Report (2/93) for review by
elected and appointed officials, a citizens committee and interested parties. The City
Council adopted revised shoreline policies in the 1995 Comprehensive Plan, which in turn
have formed the basis for the policies in the updated SMP.
In 1999, a Shoreline Advisory Panel was appointed by the Mayor's Office, comprised of
two citizens living within the Shoreline jurisdiction and two representatives of businesses
within the shoreline jurisdiction. The Panel reviewed a staff draft SMP and forwarded a
Draft SMP to the Planning Commission for its review in March, 2000. The Planning
Commission began its review in May, 2000 and continued until October, 2000 when
review on the Draft SMP was suspended to allow staff time to review the new Ecology
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shoreline regulations. The new regulations were appealed and invalidated by the
Shoreline Hearings Board in August, 2001. Revised shoreline regulations, based on a
mediated settlement among the appealing parties, were adopted by Ecology in December
2003.
Rather than establish a new Shoreline Advisory Panel, the citizen involvement process has
continued utilizing the Planning Commission, as the Commission composed of Tukwila
residents and a business representative serves as the volunteer land use review body for
the City. Other outreach activities have included: city newsletter articles, establishment of
an SMP update page on the City's website, and informational displays at local events and
fairs. A series of public meetings were held on the SMP, along with informational mailings
sent to shoreline property owners, and finally public hearings held before the City's
Planning Commission and City Council prior to SMP adoption.
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3. DEFINITIONS
The following definitions shall be used in the administration of the Master Program and
will be incorporated into the Definitions Chapter of the Zoning Code, TMC 18.10.
Appurtenance: means a structure that is necessarily connected to the use and enjoyment
of a single family residence, including a garage, deck, driveway, utilities, fences,
installation of a septic tank and drain field and grading which does not exceed 250 cubic
yards and which does not involve placement of fill in any wetland or waterward of the
ordinary high water mark (WAC 173 -27 -040 (2) (g)).
Armoring: means the control of shoreline erosion with hardened structures, such as
bulkheads, sea walls, and riprap.
Bank: means the rising ground bordering a water body and forming an edge or slope.
Bioengineering: Means integrating living woody and herbaceous materials with organic
(plants, wood, jute mats, coir logs, etc) and inorganic materials (rocks, soils) to increase
the strength and structure of the soil along a riverbank, accomplished by a dense matrix
of roots which hold the soil together. The above ground vegetation increases the
resistance to flow and reduces flow velocities by dissipating energy.
Buffer: means an area separating two different types of uses or environments for the
purpose of reducing incompatibilities between them or reducing the potential adverse
impacts of one use or environment upon the other.
Bulkhead: means vertical structures erected parallel to and near the ordinary high water
mark for the purpose of protecting adjacent uplands from erosion, from the action of
waves or currents.
Channel migration zone: means the area along a river within which the channel(s) can
be reasonably predicted to migrate over time as a result of natural and normally occurring
hydrological and related processes when considered with the characteristics of the river
and its surroundings.
Dike: means an embankment or structure built in the river channel to contain or redirect
flow within the channel and prevent shoreline destabilization.
Development, shoreline: means a use consisting of the construction or exterior
alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel,
or minerals; construction of bulkheads; driving of piling; placing of obstructions; or any
project of a permanent or temporary nature which interferes with the normal public use of
the waters overlying lands subject to the Shoreline Management Act at any stage of water
level.
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EcologicaUecosystem functions (or shoreline functions): means the work performed or
role played by the physical, chemical, and biological processes that contribute to the
maintenance of the aquatic and terrestrial environments that constitute the shoreline's
natural ecosystem. See WAC 173 -26 -200 (2) (c).
Ecosystem -wide processes: means the suite of naturally occurring physical and geologic
processes of erosion, transport, and deposition; and specific chemical processes that
shape landforms within a specific shoreline ecosystem and determine both the types of
habitat and the associated ecological functions.
Environment designation: means the term used to describe the character of the
shoreline in Tukwila based upon the recommended classification system established by
WAC 173 -26 -211 and as further refined by Tukwila's SMP.
Feasible: means, for the purpose of the Shoreline Master Program, that an action, such
as a development project, mitigation, or preservation requirement, meets all of the
following conditions:
1. The action can be accomplished with technologies and methods that have been
used in the past in similar circumstances, or studies or tests have demonstrated in
similar circumstances that such approaches are currently available and likely to
achieve the intended results;
2. The action provides a reasonable likelihood of achieving its intended purpose; and
3. The action does not physically preclude achieving the project's primary intended
legal use.
In cases where these guidelines require certain actions unless they are infeasible, the
burden of proving infeasibility is on the applicant. In determining an action's
infeasibility, the reviewing agency may weigh the action's relative public costs and public
benefits, considered in the short- and long -term time frames.
Flood plain: means that land area susceptible to inundation with a one percent chance of
being equaled or exceeded in any given year (synonymous with one hundred -year flood
plain). The limit of this area shall be based upon flood ordinance regulation maps or a
reasonable method which meets the objectives of the Shoreline Management Act...
Flood hazard reduction: means actions taken to reduce flood damage or hazards. Flood
hazard reduction measures may consist of nonstructural or indirect measures, such as
setbacks, land use controls, wetland restoration, dike removal, use relocation,
bioengineering measures, and storm water management programs; and of structural
measures such as dikes and levees intended to contain flow within the channel, channel
realignment, and elevation of structures consistent with the National Flood Insurance
Program.
Floodway: means the channel of a river or other watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without cumulatively
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increasing the water surface elevation more than one foot.
Grading: means activity that results in change of the cover or topography of the earth, or
any activity that may cause erosion, including clearing, excavation, filling, and
stockpiling
Large Woody Debris (LWD): means whole trees with root wads and limbs attached,
cut logs at least 4 inches in diameter along most of their length, root wads at least 6.5 feet
long and 8 inches in diameter. Large woody debris is installed to address a deficiency of
habitat and natural channel forming processes.
Levee: means a broad embankment of earth built parallel with the river channel to
contain flow within the channel and prevent flooding from a designated design storm.
Levee, Minimum Profile: means, where there is room, the minimum levee profile for
any new or reconstructed levee is the King County "Briscoe Levee" profile 2.5:1
overall slope with 15 foot mid -slope bench for maintenance access and native vegetation
plantings. Where there is insufficient room for a levee backslope due to the presence of
legal nonconforming structures existing at the time of the adoption of this SMP, a
floodwall may be substituted. The figure below illustrates the minimum levee profile.
18'
—10'
2 r 2
Maintenance Easement
Typical Shoreline Buffer in Leveed Areas -Width Will Vary
Reconfigured Levee
Vegetated Bench
15'
Reconfigured Slope averages 2.5:1 with bench
Minimum Levee Profile
Not To Scale
Willows
1.5 /Existing Levee
�1
Ordinary High
Water Mark
OHWM
Mean Higher High Water (MHHW): means the average of the higher high water
height of each tidal day, and used in determining the OHWM for the tidally influenced
portions of the river.
Native Vegetation: means vegetation with a genetic origin of Western Washington,
Northern Oregon and Southern British Columbia, not including cultivars.
No Net Loss: means a standard intended to ensure that shoreline development or uses,
whether permitted or exempt, are located and designed to avoid loss or degradation of
shoreline ecological functions that are necessary to sustain shoreline natural resources.
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Nonconforming: means a use or development which was lawfully constructed or
established prior to the effective date of the Shoreline Management Act or the Shoreline
Master Program or amendments thereto, but which does not conform to present
regulations or standards of the program.
Non water oriented uses: means those uses that are not water dependent, water related,
or water enjoyment.
Ordinary high water mark: means that mark that will be found by examining the bed
and banks and ascertaining where the presence and action of waters (all lakes, streams,
and tidal water) are so common and usual, and so long continued in all ordinary years, as
to mark upon the soil a character distinct from that of the abutting upland, in respect to
vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter,
or as it may change thereafter in accordance with permits issued by a local government or
the Department of Ecology. In any area where the ordinary high water mark cannot be
found, the ordinary high water mark adjoining salt water shall be the line of mean higher
high tide and the ordinary high water mark adjoining fresh water shall be the line of mean
high water.
Overwater Structure: means any device or structure projecting over the OHWM,
including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or
buoys.
Non conforming Structure: means a structure legally established prior to the effective
date of the Shoreline Master Program, but which does not conform to present regulations
or standards of the program.
Non conforming Use: means a use legally established prior to the effective date of the
Shoreline Master Program, but which does not conform to present regulations or
standards of the program.
Public Access: means the ability of the general public to reach, touch or enjoy the
water's edge, to travel on the waters of the state, and to view the water and the shoreline
from adjacent locations. Public access may be provided by an owner by easement,
covenant, or similar legal agreement of substantial walkways, corridors, parks, or other
areas serving as a means of view and/or physical approach to public waters. The Director
may approve limiting public access as to hours of availability, types of activity permitted,
location and area.
Regional Detention Facility: means a stormwater detention and/or retention facility that
accepts flow from multiple parcels and/or public ROW. The facility may be public or
private.
Revetment: means a sloping structure built to increase bank strength and protect an
embankment, or shore against erosion by waves or river currents. A revetment is usually
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built of rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock
or filter cloth and "toe" protection are included. A revetment typically slopes and has a
rough or jagged face. The slope differentiates it from a bulkhead, which is a vertical
structure.
Riparian: means the land along the margins of rivers and streams.
Riverbank analysis and report: means a scientific study or evaluation conducted by
qualified experts and the resulting report to evaluate the ground and/or surface hydrology
and geology, the geomorphology and hydraulic characteristics of the river, the affected
land form and its susceptibility to mass wasting, erosion, scouring and other geologic
hazards or fluvial processes. The report shall include conclusions and recommendations
regarding the effect of the proposed development on geologic and /or hydraulic
conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures to
mitigate potential site specific and cumulative geological, hydrological and hydraulic
impacts of the proposed development, including the potential adverse impacts to adjacent
and down current properties. Geotechnical /Hydrological /Hydraulic reports shall conform
to accepted technical standards and must be prepared by qualified professional engineers
or geologists who have professional expertise about the regional and local shoreline
geology and processes.
Shorelands or shoreland areas: means those lands extending landward for two hundred
feet in all directions as measured on a horizontal plane from the ordinary high watermark;
floodways and contiguous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with the streams, lakes and tidal
waters which are subject to the provisions of the SMA.
Shoreline areas and shoreline jurisdiction: means all "shorelines of the state" and
"shorelands" as defined in RCW 90.58.030.
Shoreline functions: see Ecological functions.
Shoreline Jurisdiction: means the channel of the Green/Duwamish River, its banks, the
upland area, which extends from the ordinary high water mark landward for 200 feet on
each side of the river, floodways and all associated wetlands within its floodplain. For the
purpose of determining shoreline jurisdiction only the floodway shall not include those
lands that have historically been protected by flood control devices and therefore have
not been subject to flooding with reasonable regularity.
Shoreline modifications: means those actions that modify the physical configuration or
qualities of the shoreline area, through the construction or alteration of a physical element
such as a dike, breakwater, pier, weir, dredged basin, fill, bulkhead, or other shoreline
structure. They can include other actions, such as clearing, grading, or application of
chemicals.
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Shoreline restoration or ecological restoration: means the re- establishment or
upgrading of impaired ecological shoreline processes functions or habitats, including any
project approved by the Federal, State, King County, or City government or the WRIA 9
Steering Committee with the intent of providing habitat restoration and where the future
use of the site is restricted through a deed restriction to prohibit non habitat uses.. This
may be accomplished through measures including, but not limited to, re- vegetation,
removal of intrusive shoreline structures and removal or treatment of toxic materials.
Restoration does not imply a requirement for returning the shoreline area to aboriginal or
pre- European settlement conditions
Shoreline Significant Tree: means a single trunked tree that is 4 inches or more in
diameter at a height of 4 feet above the ground or a multi trunked tree with a diameter of
2 inches or more (such as willows or vine maple).
Shoreline Stabilization: means actions taken to protect riverbanks or adjacent uplands
from erosion resulting from the action of waves or river currents. "Hard" structural
stabilization includes levees, bulkheads and revetments. "Soft" shoreline stabilization
includes use of bioengineering measures where vegetation, logs, and /or certain types of
rock is used to address erosion control and/or slope stability.
Shorelines: means the line at ordinary high water surrounding any body of water of 20
acres or larger or where the mean annual flow is 20 cubic feet per second or greater.
Significant vegetation removal: means the removal or alteration of trees, shrubs, and/or
ground cover by clearing, grading, cutting, burning, chemical means, or other activity
that causes significant ecological impacts to functions provided by such vegetation. The
removal of invasive or noxious weeds does not constitute significant vegetation removal.
Tree pruning, not including tree topping, where it does not affect ecological functions,
does not constitute significant vegetation removal.
Substantial development: means any development of which the total cost or fair market
value exceeds five thousand dollars or as adjusted by the State to account for inflation, or
any development which materially interferes with the normal public use of the water or
shorelines of the state. The following shall not be considered substantial developments
for the purpose of the Shoreline Management Act, but are not exempt from complying
with the substantive requirements of this SMP:
1. Normal maintenance or repair of existing structures or developments,
including damage by accident, fire, or elements;
2. Emergency construction necessary to protect property from damage by the
elements;
3. Construction and practices normal or necessary for farming, irrigation, and
ranching activities, including agricultural service roads and utilities on
shorelands, and the construction and maintenance of irrigation structures
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including but not limited to head gates, pumping facilities, and irrigation
channels. A feedlot of any size, all processing plants, other activities of a
commercial nature, alteration of the contour of the shorelands by leveling or
filling other than that which results from normal cultivation, shall not be
considered normal or necessary farming or ranching activities. A feedlot shall
be an enclosure or facility used or capable of being used for feeding livestock
hay, grain, silage, or other livestock feed, but shall not include land for
growing crops or vegetation for livestock feeding and /or grazing, nor shall it
include normal livestock wintering operations;
4. Construction or modification of navigational aids such as channel markers and
anchor buoys;
5. Construction on shorelands by an owner, lessee, or contract purchaser of a
single family residence for his own use or for the use of his or her family,
which residence does not exceed a height of thirty -five feet above average
grade level and which meets all requirements of the state agency or local
government having jurisdiction thereof, other than requirements imposed
pursuant to this chapter;
6. Construction of a dock, including a community dock, designed for pleasure
craft only, for the private noncommercial use of the owner, lessee, or contract
purchaser of single and multiple family residences. This exception applies if
either: (A) In salt waters, the fair market value of the dock does not exceed
two thousand five hundred dollars; or (B) in fresh waters, the fair market
value of the dock does not exceed ten thousand dollars, but if subsequent
construction having a fair market value exceeding two thousand five hundred
dollars occurs within five years of completion of the prior construction, the
subsequent construction shall be considered a substantial development for the
purpose of this chapter;
7. Operation, maintenance, or construction of canals, waterways, drains,
reservoirs, or other facilities that now exist or are hereafter created or
developed as a part of an irrigation system for the primary purpose of making
use of system waters, including return flow and artificially stored groundwater
for the irrigation of lands;
8. The marking of property lines or corners on state owned lands, when such
marking does not significantly interfere with normal public use of the surface
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;
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c. The activity does not involve the installation of a structure, and upon
completion of the activity the vegetation and land configuration of the
site are restored to conditions existing before the activity;
d. A private entity seeking development authorization under this section
first posts a performance bond or provides other evidence of financial
responsibility to the local jurisdiction to ensure that the site is restored
to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW
90.58.550 (Oil and Natural Gas exploration in marine waters);
11. The process of removing or controlling an aquatic noxious weed, as defined in
RCW 17.26.020. through the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a final environmental
impact statement published by the department of agriculture or the department
jointly with other state agencies under chapter 43.21C RCW.
12. Watershed restoration projects, which means a public or private project
authorized by the sponsor of a watershed restoration plan that implements the
plan or a part of the plan and consists of one or more of the following
activities:
a. A project that involves less than ten miles of stream reach, in which
less than twenty -five cubic yards of sand, gravel, or soil is removed,
imported, disturbed or discharged, and in which no existing vegetation
is removed except as minimally necessary to facilitate additional
plantings;
b. A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock
as a stabilization only at the toe of the bank, and with primary
emphasis on using native vegetation to control the erosive forces of
flowing water; or
c. A project primarily designed to improve fish and wildlife habitat,
remove or reduce impediments to migration of fish, or enhance the
fishery resource available for use by all of the citizen of the state,
provided that any structure, other than a bridge or culvert or instream
habitat enhancement structure associated with the project, is less than
two hundred square feet in floor area and is located above the ordinary
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
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or fish passage, when all of the following apply:
a. The project has been approved in writing by the department of fish and
wildlife;
b. The project has received hydraulic project approval by the department
of fish and wildlife pursuant to chapter 77.55 RCW; and
c. The local government has determined that the project is substantially
consistent with the local shoreline master program. The local
government shall make such determination in a timely manner and
provide it by letter to the project proponent.
Additional criteria for determining eligibility of fish habitat projects are found
in WAC 173 -27 -040 2 (p) and apply to this exemption.
Water- dependent: means a use or portion of a use which cannot exist in a location that
is not adjacent to the water and which is dependent on the water by reason of the intrinsic
nature of its operations. Examples of water dependent uses include ship cargo terminal
loading areas, marinas, ship building and dry docking, float plane facilities, sewer
outfalls, and shoreline ecological restoration projects.
Water- enjoyment: means a recreational use or other use that facilitates public access to
the shoreline as a primary characteristic of the use. The use must be open to the general
public and the shoreline- oriented space within the project must be devoted to the specific
aspects of the use that fosters shoreline enjoyment. Examples of water enjoyment uses
include parks, piers, museums, restaurants, educational /scientific reserves, resorts and
mixed use projects.
Water- oriented: means a use that is water dependent, water related or water enjoyment
or a combination of such uses.
Water related: means a use or portion of a use which is not intrinsically dependent on a
waterfront location but whose economic viability is dependent upon a waterfront location
because:
1. The use has a functional requirement for a waterfront location such as the arrival
or shipment of materials by water or the need for large quantities of water; or
2. The use provides a necessary service supportive of the water dependent uses and
the proximity of the use to its customers makes its services less expensive and/or
more convenient.
Examples of water related uses are warehousing of goods transported by water, seafood
processing plants, hydroelectric generating plants, gravel storage when transported by
barge, log storage or oil refineries where transport is by tanker.
WRIA: means Water Resource Inventory Area river basin planning and management
areas formalized under Washington Administrative Code (WAC) 173 500 -04 and
authorized under the Water Resources Act of 1971, Revised Code of Washington (RCW)
90.54. WRIA 9 refers to the Green/Duwamish River Basin within which Tukwila is
located.
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4. SHORELINE INVENTORY AND CHARACTERIZATION
SUMMARY
Local jurisdictions updating their Shoreline Master Program (SMP) are required to
prepare an inventory and characterization of the shoreline resources within their
boundaries. As part of the City's SMP update, a Draft Inventory and Characterization
Report and Map Folio was prepared in December 2006, and finalized in the spring of
2007 following technical review by Ecology and King County. The final report and map
folio are included as Appendix A to this SMP.
The purpose of the inventory and characterization report was to conduct a baseline
inventory of conditions for water bodies regulated as "shorelines of the state" located in
the City of Tukwila. The area regulated under Tukwila's SMP is approximately 12.5
linear miles along the banks of the Green/Duwamish River.
For the baseline inventory, the river shoreline was divided into four reaches: 1) Reach
G1 -PAA (southern Potential Annexation Area); 2) Reach G1 (from the southern City
boundary downstream to the Black River /Green River confluence); 3) Reach G2 (from
the Black River /Green River confluence downstream to the northern City limits); and 4)
Reach G2 -PAA (the northern Potential Annexation Area). The reaches are depicted on
Map 3.
The shoreline characterization identifies existing conditions, identifies current uses and
public access, evaluates functions and values of resources in the shoreline jurisdiction,
and explores opportunities for conservation and restoration of ecological functions. The
findings are intended to provide a framework for updates to the City's shoreline
management goals, policies, and development regulations. Key findings of the inventory
and characterization are summarized below.
4.1 Watershed Context and Shoreline Modifications
The City of Tukwila includes approximately 12.5 miles of the Green/Duwamish River
and is situated in the Puget Sound Lowlands at the transition from the fresh water Green
River to the tidally influenced Duwamish estuary ecosystem. The Green River basin is
part of the Green/Duwamish Water Resource Inventory Area (WRIA 9).
Historically, the Green/Duwamish River drained a significantly larger area than it does
today. The Green/Duwamish River has undergone extensive modifications in the past to
reduce channel migration and limit the extent and duration of valley flooding. The
modifications include both natural river course changes and major engineering projects in
the early part of the 20 century that diverted the White, Black and Cedar Rivers to
neighboring basins. As a result, the overall freshwater discharge in the Green/Duwamish
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River has been reduced to around a third of the pre- diversion era.
Seven pump stations also modify flows into the Green and Duwamish Rivers. Three of
the pump stations, Black River, P -17, and Segale, are operated by the Green River Flood
Control District, and four stations, Lift Stations 15, 17, 18, and 19 are operated by the
City of Tukwila. The Black River pump station is the largest station discharging flows to
the Duwamish River. This station is approximately 1,000 feet upstream of the Green
Black River confluence, and is intended to both block floodwaters from the Green from
inundating the Black River and Springbrook Creek in the City of Renton, and also
regulates flows from Springbrook Creek into the Duwamish River. The P -17 pump
station drains the P -17 Pond that collects surface water from a majority of the Urban
Center. The Segale pump station was installed to regulate soil saturation and piping
during high river events but does not add new flows to the river. The remaining City
pump stations only operate when gravity discharge to the river is prevented by high river
events.
Levees and/or revetments were constructed along much of the Green/Duwamish River
through the City of Tukwila to increase bank strength and reduce flooding. In addition,
flows within the Green/Duwamish River were greatly modified by the construction of the
Howard A. Hansen Dam and installation of water diversions. These modifications
significantly reduced the severity of floods that historically covered much of the valley
bottom. The condition of the current system of levees and revetments is a growing
source of concern for King County and the cities involved, as many of the levees are
aging and would not meet current standards for either flood conveyance or stability.
4.2 Biolosical Resources and Shoreline Functions
The Green/Duwamish River within the City of Tukwila provides important habitat for
several fish and some wildlife species, such as osprey. The aquatic environment within
the channel is an important corridor located at the transition from the freshwater riverine
environment to tidal estuarine environment of Elliott Bay. Almost every species of
anadromous fish migrates through this transition zone. The entire length of the
Green/Duwamish River within the City of Tukwila has been declared "critical habitat"
for Chinook salmon and bull trout. Both species are listed as threatened under the
Federal Endangered Species Act.
One particularly important feature of Tukwila's shorelines is the habitat functions
provided by the transition zone between fresh and salt water associated with the
Duwamish estuary. In Tukwila, this area generally extends from the East Marginal Way
bridge to the city's northern limits The transition zone between fresh and salt water has
effectively been pushed upstream from its historic location due to: (1) a significant
reduction (70 of fresh water flowing into the Duwamish estuary (owing to the
diversion of the White and Cedar /Black Rivers), (2) channel dredging, and (3) reduction
of flows as a result of the construction of the Howard A. Hanson Dam. The
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establishment of heavy industrial uses in the transition zone has replaced wetlands with
impervious surfaces, and the stream banks have been replaced by levees and other
armoring, eliminating edge habitat which slows flows and creating unrestrained rapid
downstream flows. Spatial structure, residence time, and the habitat available for fish
refugia and rearing functions in the Duwamish estuary have therefore been reduced and
constrained. High densities of fish have been observed utilizing what is left of this
specific habitat. At the watershed scale, overall increases in salmonid survival rates are
dependent on the availability of sufficient transition zone habitat to accommodate fish
while they adjust from fresh to salt water (WRIA 9 Steering Committee, 2005).
Modifications to the river system have resulted over time in reduced levels of ecosystem
functioning, including hydrology, water quality, riparian habitat, and in- stream habitat.
Changes to hydrology are the result of modified flow regime due to dam construction,
diversion, and urban development. River management and levees have reduced the
connection between the rivers and their floodplains, changing the spatial extent of
habitats, and increasing the potential for negative water quality impacts. Disturbances to
the channel banks have resulted in areas that are dominated by non native invasive
species. Wood, in the form of riparian trees and in- channel wood, is generally lacking
throughout the system, which negatively impacts riparian and aquatic habitats.
4.3 Land Use
A. A History of the Green/Duwamish River and Tukwila's Shoreline: Origins of Land
Development Patterns
The Green River drains 492 square miles extending from the western Cascade Mountains to
Elliott Bay. The City of Tukwila lies at the lower 1 /4 of the overall watershed. As the Green
River flows into the southern boundary of the City of Tukwila, it has drained approximately
440 square miles, or about 78 percent of its total drainage basin. Approximately 12.5 river
miles of the Green/Duwamish River are included within the City of Tukwila, from about
River Mile (RM) 16 to RM 3.7.
The Green/Duwamish River channel has been highly modified during the last 150 years.
Modifications range from the installation of levees and revetments to straightening and
dredging for navigation purposes. In general, the level of physical modification to the
system increases with distance downstream, culminating at the artificial Harbor Island that
supports industrial activities at the Port of Seattle. Several turning basins are maintained by
periodic dredging throughout the straightened reach. The highly modified portion of the
Green/Duwamish has also been the location of significant discharge of pollutants, resulting
in portions of the river being designated as Federal Superfund sites. Remediation, source
control and disposal activities are ongoing throughout the area.
Prior to European settlement of the Lower Green River Valley, the floodplain likely
consisted of a highly interspersed pattern of active and temporarily abandoned meandering
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channels, secondary channels, logjams, riparian forest, and scrub -shrub wetlands. The
proportion of open channel to forest in the floodplain appears to have varied depending on
the severity and timing of floods. High flows resulted in wider channels and the creation of
new channels across the floodplain. Accounts of the channel systems indicate that major
floods resulted in channel avulsion (abrupt change in the course of a river), rerouting around
logjams, and the formation of new logjams. The area presently occupied by the City of
Tukwila appeared historically to contain oxbow channels, secondary and backwater
channels, and extensive floodplain wetlands.
As part of regional flood control and river management efforts, significant watershed -scale
changes occurred to the major river drainages south of Elliott Bay, including changes to the
alignments and discharge points of the Cedar, Black, Green and White Rivers. In general,
these changes have reduced the amount of water flowing through the Green/Duwamish
River to about one third of historic conditions.
Land use changes between European settlement and the current day have occurred in two
general phases. From the mid 1800s to World War II, agriculture and timber harvesting
dominated the Lower Green River Valley. Population densities in the Lower Green River
Valley remained low until the Howard A. Hanson Dam project was completed in 1962,
providing flood protection for the valley. Levees have also been constructed along the
banks of the Green/Duwamish River, ranging from federally- certified levees to non
engineered agricultural berms. Since the dam and levee systems have significantly
decreased the extent of flooding within the Lower Green River Valley, land development
and urbanization have occurred. For more discussion on the character of the
Green/Duwamish River and an inventory of river conditions, see the Shoreline Inventory
and Characterization Report, prepared by ESA/Adolfson, May, 2007 found in Appendix A.
Historically, the Green/Duwamish River valley was known for its farmland. Farming was
established in the early 1900's after forested areas were cleared and transportation to the area
was improved. In 1906, construction of the Lake Washington ship canal eliminated flows of
the Black River into the valley, reducing valley flooding. As a result, the river valley
developed into highly productive farmland for the region.
In the early 1950's, the Port of Seattle proposed to convert much of the Green/Duwamish
River valley to intensive industrial uses. These plans included converting the river into a
shipping canal, possibly reaching as far south as the City of Auburn. Valley landowners
countered this proposal by annexing large tracts of land into Tukwila to retain more control
over future land use decisions. With the construction of Howard Hanson Dam in 1962 on
the upper Green River, flooding in the valley was further reduced. Much of the river is now
contained within levees and surrounded by commercial and industrial development.
The Port's actions in the northern part of the River and drastic reduction in river flooding
have had a major influence on the development of the river valley. Today, Tukwila's
portion of the Green/Duwamish River is known as a center for retail, commercial and
industrial uses. The river remains inaccessible to shipping activity south of the Turning
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Basin, where it can be accessed primarily by small water craft, kayaks and canoes only.
Land uses along the river are mostly commercial and industrial activities, with a few
residential areas. With the designation of the Southcenter area as an Urban Center and the
Duwamish Corridor as a Manufacturing Industrial Center (MIC), this development pattern is
expected to continue, and to intensify as redevelopment occurs.
B. Riverbank Vegetation
The natural environment along the river has been significantly altered from its original
riparian corridor by intense urban development and river bank modification due to the
construction of levees, revetments or other shoreline armoring. Most native stands of trees
are gone, but have been replaced by new trees and plants in some areas. Landscaping with
native and non native plantings have also been completed in conjunction with new
development along the corridor. Birds and small mammals are supported in both habitats.
While more natural habitat is found up stream, re- development of the shoreline has the
potential to provide appropriate landscaping and restoration of habitat that are more
attractive to wildlife, people and a more environmentally sensitive form of development
C. Public Access
The regional Green River Trail provides public access to existing shoreline amenities and
plans anticipate future linkages to Seattle's system. As redevelopment occurs, there will be
opportunities to provide other types of public access, including viewing platforms, boat
ramps and fishing areas.
4.4 Restoration Onnortunities and Potential Use Conflicts
Past restoration work focused on the Green \Duwamish River (in Water Resource
Inventory Area 9) has resulted in good data collection and identification of potential
restoration opportunities. Significant restoration activities along the Green \Duwamish
River are already underway in the form of the multi- agency Green River Ecosystem
Restoration Project. Several opportunities have been identified on the river as part of the
recently adopted King County Flood Hazard Management Plan. Restoration
opportunities focus on several key elements:
Removing non native, invasive plant species and re- vegetating with native
riparian forest species;
Removing artificial debris and walls that harden channel banks;
Integrating the reconnection of floodplains, levee setbacks, and other ecosystem
restoration techniques with future flood and river management efforts; and
Property acquisition to allow for levee setbacks, side channel reconnection, and
channel migration.
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Two key issues illustrate constraints to implementing restoration and potential use
conflicts in Tukwila: 1) levee maintenance and management; and 2) existing
development patterns and anticipated redevelopment.
Discussion of shoreline planning for the Green River in Tukwila must acknowledge the
fact that, in light of the existing system of levees (including the federally certified "205"
levees) and revetments, the City cannot act alone. There are a variety of regulatory
jurisdictions outside of the City with different responsibilities for maintenance and
management of the levee system, including the U.S. Army Corps of Engineers (the
Corps), the Federal Emergency Management Agency (FEMA), King County River and
Floodplain Management Unit (acting as part of the Green River Flood Control Zone
District), and private property owners. The City of Tukwila Public Works Department
has overall responsibility for maintenance of all levees, including the federally certified
levee, which extends from about the I -405 crossing to the south City limits. The actual
maintenance work on this levee is contracted by the City to King County.
The restoration of native tree and shrub species along the levees would increase riparian
habitat ecological functioning of this reach of the Green/Duwamish River, benefiting
salmonids as well as other species. However, the Corps of Engineers (responsible for
certifying the federal levee) believes that the root system of these trees could destabilize
levees, resulting in water piping (e.g., water infiltrating into and through levees along
root pathways at higher rates than it could through root free soil) at high flows, and
potential levee failure if trees fall. For the Vegetation Free Zone of the levee, current
Corps guidance only allows grass as vegetative cover on the levees (USACOE,
Engineering Manual 1110 -2 -301). Current guidance also specifies a root -free zone where
plantings can occur, but roots will generally not penetrate this structural zone. Therefore,
under current regulations, to meet the requirements for federal levee certification, some
vegetation was recently removed and ongoing vegetation management will be required to
maintain the levee certification.
Under the SMA, removing trees and vegetation from the riparian zone of shoreline of the
state is in conflict with policies for vegetation conservation and enhancement. A possible
solution is to step back and re -slope the levees to create mid -slope benches where
vegetation can be planted that will not interfere with the levee prism as the levee system
is reconstructed to improve its stability. This would require additional easement area
beyond the existing maintenance easements that have been acquired along the length of
the system.
The existing development pattern also represents constraints to implementing restoration
projects, including levee setbacks, off channel habitat restoration, wetland and stream
restoration, and riparian zone enhancements. Most of Tukwila is fully developed, with
portions having a dense, urbanized land use pattern. The City's SMP, in place since
1974, establishes a 40 -foot setback from the mean high water line. In many places, there
is little more than this 40 -foot zone that is not intensely developed. Some places have
somewhat more open space and less development and thus have greater flexibility to
accommodate potential habitat restoration actions. The City's vision for future land use,
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based on its comprehensive plan, includes maintenance and further development of its
urban character, particularly its identity as a regionally significant center for
manufacturing, industrial, and commercial development. A challenge lies ahead in
determining how best to accommodate new and redevelopment near the shoreline in a
manner consistent with both the Comprehensive Plan and the Shoreline Master Program
in order to achieve "no net loss" of shoreline function.
4.5 Conclusions
Like many rivers in the Puget Sound region, the course and dynamics of the
Green/Duwamish River has changed significantly as a result of development and
alteration of its watershed over the past century or so. Characteristic of many cities in the
region, Tukwila has grown and become highly urbanized. Continued growth is
anticipated and the City is planning for that growth. To a significant degree, the City has
envisioned and maintained a development pattern that preserved public access to the
Green River and assured setbacks of new buildings from the shoreline. Issues of concern
today are focused on uncertainties about the ability of existing levees and revetments to
protect existing development from flood hazards. There are many opportunities for
conservation and restoration actions in the City to restore or replace habitat while
managing natural hazard areas.
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5. SHORELINE RESTORATION PLAN SUMMARY
5.1 Background
The state guidelines require that local governments develop SMP policies that promote
"restoration" of impaired shoreline ecological functions and a "real and meaningful"
strategy to implement restoration objectives. The City's shoreline inventory and
characterization report identifies which shoreline ecological functions and ecosystem
processes have been impaired. Local governments are further encouraged to contribute
to restoration by planning for and supporting restoration through the SMP and other
regulatory and non regulatory programs. As part of the SMP update process, the City
developed a Draft Shoreline Restoration Plan in February 2007. The draft plan was
finalized in May, 2008 following technical review by King County and Ecology and has
since been updated to include additional potential projects, address Ecology comments
and refocus priorities to projects within the Transition Zone. It is included as Appendix B
to the SMP.
The restoration plan builds on the Inventory and Characterization Report and provides a
framework to:
Identify primary goals for ecological restoration of the Green/Duwamish
ecosystem;
Identify how restoration of ecological function can be accomplished;
Suggest how the SMP update process may accomplish the restoration of
impaired shoreline functions associated with the Green/Duwamish ecosystem;
and
Prioritize restoration projects so that the highest value restoration actions may
be accomplished first.
5.2 Assessment of Shoreline Functions
As summarized in the previous section, the Inventory and Characterization analysis
examined riverine and estuarine ecosystem processes that maintain shoreline ecological
functions, and identified impaired ecological functions. The inventory report identified
key ecosystem processes, and provided a qualitative assessment of their levels of
functioning at both a watershed and city reach scale. Key ecosystem functions identified
in the inventory, their level of alteration, and potential restoration actions are summarized
in Table 1.
As noted in the Inventory and Characterization Report and summarized in the Shoreline
Inventory and Characterization Summary Section, many of the alterations to shoreline
functions and ecosystem processes in the Green/Duwamish River are due to watershed
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scale issues within the upper watershed which cannot be fully restored or addressed in the
lower river section through Tukwila. However, hydrologic, water quality, and habitat
restoration measures in the City do have the potential to improve the overall functioning
of this important section of the Green/Duwamish River ecosystem that includes the
transition zone from fresh to salt water.
Function
Category
Hydrologic
Hydrologic
Water
Quality
Water
Quality
Large Woody
Debris
(LWD) and
Organics
LWD and
Organics:
Table 1. General Restoration Potential within the Shorelines of Tukwila
Function
Channel Floodplain
Interaction
Upland sediment
generation
Retention of
particulates and
contaminants
Nutrient cycling
Maintain
characteristic plant
community
Source of LWD
Alterations to natural functioning
Presence of flood protection structures
(e.g., levees, river bank revetments,
flood gates) and significant fill and
development along the shoreline limit
channel floodplain interactions in
Tukwila.
Fine sediment contribution to the river
is increased due to build -up and wash
off from surrounding urban land uses.
Levees and revetments are virtually
continuous along the riverbanks,
limiting the potential to retain
particulates or contaminants contained
in stormwater sheet flows in the
fluvially dominated reaches.
Particulates, including sediment, are
retained in the tidally dominated
reaches, as evidenced by the need to
dredge the estuary turning basin.
As channel floodplain interaction was
reduced, the channel became a conduit
for nutrients, offering little opportunity
for contact time with soils.
The majority of the shoreline within the
City of Tukwila is currently dominated
by non native invasive weed species
(Himalayan blackberry, reed canary-
grass, and Japanese knotweed). Some
higher quality areas of cottonwood,
alder, and willow exist in riparian areas
bordering open space, parkland, and
residential zones.
Despite the lack of many sources for
LWD, there are some large
cottonwoods and big leaf maples occur
along the levees and revetment system.
Potential Restoration Action within the
City
1 Modify current levees and revetments to
increase channel and floodplain interaction;
2. Excavate back or side channels;
Implement enhanced stormwater BMPs for
fine sediment removal in stormwater runoff.
1 Modify current levees and revetments to
increase channel and floodplain area;
2. Install native riparian species to increase
bank roughness.
1 Increase riverine wetland area,
2. Install native riparian plant species.
3 Set back banks (revetments and levees).
1. Remove invasive plants and install native
riparian species;
2. Incorporate LWD into bank stabilization
and restoration projects;
3. Institute programmatic weed control
activities along shoreline.
4 Promote bioengineering techniques for
shoreline stabilization projects.
1. Install native riparian species;
2. Incorporate LWD into bank stabilization
and restoration projects.
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5.3 Plans. Programs. and Completed Proiects
The importance of the Green/Duwamish ecosystem within the Puget Sound has resulted
in significant focus on this area in terms of restoration potential. With the federal listing
of Chinook and bull trout as endangered species, watershed planning in the region (e.g.,
WRIA 9) has focused on developing a Salmon Habitat Plan (WRIA 9, 2005), to which
the City of Tukwila is a party. The plan establishes goals, objectives, and programmatic
and site specific actions to address restoration of habitat critical to salmon species in the
Green/Duwamish watershed.
Tukwila has already engaged in the greater regional restoration effort for the
Green/Duwamish River. The City Council has ratified the WRIA 9 Plan and contributes
resources to maintain operating staff. Tukwila has worked within the larger
Green/Duwamish River Ecosystem restoration project to acquire or donate properties that
are either currently functioning (Cecil B. Moses Park, Codiga Farm), or have the
potential for restoration (North Winds Weir, Duwamish Gardens). WRIA 9 and other
regional partners are currently working together to monitor baseline conditions. Several
projects from the WRIA 9 Plan are included on the City's Capital Improvement Program
list; other projects will be added as CIP projects are completed and funds are identified
for new projects.
The restoration plan identifies several projects that have already been completed in the
Green/Duwamish River. These projects provide an excellent opportunity to learn about
what river restoration measures are the most effective. For example, it appears that the
back channel that was excavated at Codiga Farm provides important habitat for migrating
juvenile fish.
5.4 Restoration Opportunities
Based on the key ecosystem functions that are currently altered, there appear to be five
specific types of restoration actions that will most benefit the Green/Duwamish
ecosystem in Tukwila. These actions are intended to boost the levels of ecosystem
functioning as part of a self sustaining ecosystem that will limit the need for future
manipulation. While these projects are intended to restore many ecosystem functions, the
restoration activities will occur in the highly urban valley bottom, and as a result, cannot
fully achieve pre disturbance channel conditions. In addition, some restoration actions
must occur at the watershed scale, which will restore ecosystem functions that cannot be
addressed solely within Tukwila or as part of the SMP.
Enlarging channel cross sectional area. This action could include setting back
levees and re- sloping banks to reduce steepness. These actions will increase flood
storage, allow for more stable levees, restore some floodplain area, provide a
larger intertidal zone in this important transitional area, and provide a more
natural transition from aquatic to upland habitats. The Transition Zone is
identified in Map 2.
Enhancing existing habitats. These actions could include the removal of non-
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native invasive vegetation, installation of native riparian vegetation, and
installation of LWD below Ordinary High Water. This action will improve the
functioning of the aquatic, riverine wetland, and riparian habitats that currently
exist along the Green/Duwamish River.
Creating off channel habitat areas. This action would create off channel areas
through the excavation of historic fill or floodplain materials to create back
channels as fish foraging and refugia areas.
Reconnecting wetland habitat to the river. This action would reconnect an old
oxbow wetland to the river, allowing for off channel habitat (Nelson Side
Channel).
Removing fish barriers where tributary streams discharge to the river. This
action would remove flap gates and install fish friendly flap gates at the mouths
of Tukwila's three major streams (Gilliam, Southgate and Riverton) and possibly
restore habitat area at these locations in the shoreline jurisdiction.
5.5 Potential Projects and Priorities
The restoration plan summarizes 26 potential projects as specific restoration projects
within the shorelines of Tukwila. Most of the restoration projects are part of ongoing
restoration planning through the WRIA 9 watershed planning process. Additionally,
opportunities exist to enhance riparian vegetation along the majority of the
Green/Duwamish River.
The restoration plan provides a preliminary qualitative (high, medium, low) project
ranking system. Within this ranking system, the highest priority location for restoration
projects is within the transition zone. The Transition Zone is mapped in Map 2.
High priority projects will typically:
Address both hydrologic and habitat ecosystem functions;
Have opportunity for multiple funding sources;
Include freshwater tributary channels; and /or
Not require additional property acquisition.
Medium priority projects will typically:
Address limited ecosystem functions; and
Be eligible for multiple funding sources, and /or require property acquisition.
Low priority projects will typically:
Only focus on habitat enhancement;
Will be used as mitigation to offset impacts elsewhere; or
Not be eligible for multiple funding sources.
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6. SHORELINE GOALS AND POLICIES
The goals and policies listed below are taken from the City's 1995 Comprehensive Plan.
Strikeout/underlining has been used to indicate proposed revisions to the original 1995
text to reflect changed circumstances or newer requirements. The goals and policies are
found in Chapter 5 of the Comprehensive Plan. The Comprehensive Plan will be
amended to reflect these changes to goals and policies.
6.1 Shoreline Environment Designations. Comprehensive Plan Goal 5.1
Goal: Shoreline Environment designations that meet Washington State Shoreline
Management Act requirements, and reflect local conditions and Tukwila's long -term
vision for its shoreline. The shoreline jurisdiction generally extends for 200 feet on either
side of the Ordinary High Water mark, consistent with the Washington State Shoreline
Management Act. In order to implement this goal, the SMP proposes three Environment
Designations: Shoreline Residential, Urban Conservancy, and High Intensity (as detailed
in the Shoreline Environment Section) that comply with the Washington State Shoreline
Management Act and function well for the City.
Policies:
Policy 5.1.1: Shoreline Residential Environment. In the Shoreline
Residential Environment, priority shall be given to the following:
o Uses that preserve or restore the natural character of the shoreline or
promote preservation of vegetation, open space, flood plain or
sensitive area lands; and
o Development that is compatible with the natural and biological
limitations of the land and water and that will not require extensive
alteration of the shoreline or new "hard" structural shoreline
stabilization. Where possible the removal of bulkheads, revetments,
levees or other "hard" structural shoreline stabilization is required.
Hard structural shoreline stabilization may be replaced with alternative
bioengineered bank stabilization; and
o On publicly owned property, water dependent or water related
recreational activities that are compatible with the character of the
shoreline residential areas.
o Maintenance of existing single family residential development patterns
and public open space and recreation uses;
o Residential and recreational development that promotes vegetation
conservation and enhancement, sensitive areas protection, and
maintenance of water quality to assure no net loss of shoreline
ecological functions;
o Residential and recreational development that contributes to the
restoration of ecological functions over time in areas where ecological
degradation has occurred.
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Policy 5.1.2, Urban Conservancy Environment: In the Urban Conservancy
Environment priority shall be given to the following:
o Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
o Water enjoyment uses
o Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and/or minimize flood damage;
o Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
o Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
o Uses that provide public access and public recreation whenever
feasible and when ecological impacts can be mitigated;
o Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
o Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
o Enhancement and restoration of ecological functions; and
o Redevelopment of underutilized areas and development of commercial
and industrial activities where shoreline impacts are minimized and
where there is no net loss of shoreline functions.
Policy 5.1.3, High Intensity Shoreline Environment: In the High Intensity
Environment, priority shall be given to the following:
o Water dependent commercial and industrial uses;
o Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
o Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and/or minimize flood damage;
o Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
o Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
o Uses that provide public access and public recreation whenever
feasible and when ecological impacts can be mitigated;
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o Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
o Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
o Enhancement and restoration of ecological functions; and
o Redevelopment of underutilized areas and development of intensive
commercial and industrial activities where shoreline impacts are
minimized and where there is no net loss of shoreline functions.
6.2 Shoreline Planning and Management. Comprehensive Plan Goal 5.2
Goal: Expanded value of the river as a community and regional resource through
regional coordination of shoreline management programs and through programs that
foster river appreciation and awareness, involving partnerships among businesses,
schools, government and community organizations.
Policies:
Policy 5.2.1: Coordinate shoreline planning and management activities with
other local jurisdictions and their plans such as the WRIA 9 Salmon Habitat
Plan and the King County Flood Hazard Management Plan to establish
region -wide consistency in addressing river issues with regional implications,
such as economic development, public access, wildlife habitat, water quality
control and flood control.
Policy 5.2.2: Promote river stewardship and increase river awareness through
actions which further shoreline goals, such as educational programs,
community activities, and partnerships with Tukwila residents, businesses,
schools, government, and community organizations.
Policy 5.2.3: Promote and participate in the implementation of the Watershed
Resource Inventory Area (WRIA) 9 Plan, including supporting the
recommended projects located in Tukwila to improve the habitat functions of
the Green/Duwamish River, as well as the Plan policies and goals.
C. Implementation Strategies:
WRIA 9 Salmon Habitat Plan
Tukwila SMP Restoration Plan
King County Flood Hazard Management Plan
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6.3 Land Development Use and Economic Vitality, Comprehensive Plan Goal
5.3
Goal: Development along the shoreline that fosters the economic vitality of Tukwila
while preserving the long -term benefits of the river.
Policies:
Policy 5.3.1: Implement Shoreline Design Guidelines to:
o Encourage design that views the river as an amenity;
o Guide the design of multiple shoreline uses;
o Establish techniques for increasing multiple shoreline use;
o Prioritize locations for use;
o Encourage removal of invasive species with nonchemical methods and
maintenance of native planted vegetation to minimize the presence of
invasive species.
Policy 5.3.2: Design and locate all shoreline development to minimize impacts
on areas identified as important for other river uses, such as wildlife and
aquatic habitat, river vegetation, public access and recreation, historical
resource and flood control.
Policy 5.3.3: When no other feasible alternative exists, allow structures for
water dependent uses to be placed in the water, or structural reinforcement of
the riverbank, only when this provides a significant, long -term public benefit,
does not interfere with navigation or flood management, does not cause a loss
of shoreline function or is essential to a water dependent use.
Policy 5.3.4: Prohibit the construction of new flood control facilities unless
constructed to incorporate habitat restoration features and work to remove
existing shoreline armoring where possible— to restore habitat functions.
Policy 5.3.5: Recognize and promote the river's contribution to the economic
vitality of Tukwila, as a valuable amenity for existing and future businesses
which depend on or benefit from a shoreline location.
Policy 5.3.6: Ensure that shoreline development does not diminish the
commercial navigability of the River.
Policy 5.3.7: Tukwila Urban Center Development Policy: Design and locate
shoreline development in the Tukwila Urban Center to encourage water
enjoyment uses that:
o Provide for shoreline multiple uses that are consistent with the
underlying zoning;
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o Provide additional benefits, such as riverbank restoration, fishing
piers, non motorized boat launches, river views, or interpretive signs;
o Support public access to and along the shoreline;
o Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
o Encourage efficient use of land, through such techniques as clustering,
mixed use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors.
o Ensure that new development and re- development in the Urban Center
acknowledges the goal of a continuous street facade along Christensen
Road and the riverfront and locates parking facilities to the interior of
the lot.
Implementation Strategies for Policy 5.3.7:
o Shoreline Design Guidelines
o Development Standards
o Tukwila Urban Center Plan
MIC Development Policy 5.3.8: Ensure that non -water dependent shoreline
development in the MIC provides for shoreline multiple uses to the extent that
site security and the success of industrial operations are not jeopardized;
ensures no net loss of shoreline function and provides adequate mitigation for
the loss of shoreline multiple use opportunities.
MIC Development Policy 5.3.9: Allow opportunities for commercial and
recreational marinas to locate in Tukwila downstream of the turning basin,
where compatible with existing and future navigability and existing and future
ecological restoration projects.
Policy 5.3.10: Development outside the Tukwila Urban Center or MIC:
Design and locate shoreline development outside of the Tukwila Urban Center
and the MIC to:
o Provide for multiple shoreline uses;
o Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
o Encourage efficient use of land through such techniques as clustering,
mixed -use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors;
o Treat the river as an amenity in the design and location of the project.
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6.4 Private Property Rights. Comprehensive Plan Goal 5.4
Goal: Protect rights of property owners to reasonable use and enjoyment of private
property, through appropriate location, access to, and design of shoreline uses.
Policies
Policy 5.4.1: Design, locate and manage shoreline uses in a manner which
maintains reasonable use and enjoyment of private property.
Policy5.4.2: Design and locate public access in a way that is appropriate for
the site, depending on site conditions and private property concerns.
Policy 5.4.3: Special sensitivity is required for residential property; therefore,
all single family residential development of four or fewer single family
residential lots is excluded from requirements to provide private or public
access. Single family property owners are not exempt from the responsibility
to improve the habitat value of the shoreline environment.
Policy 5.4.4. Maintain flexibility in methods of obtaining public access, to
allow for different site conditions and private property concerns that might
conflict with public access, such as privacy, safety, and security.
Policy 5.4.5: Obtain additional easement area to permit the improvement of
flood control and river habitat by setting back levees or removing revetments
and other hard shoreline armoring and replacing with more habitat friendly
flood control levees or other shoreline treatment.
6.5 Shoreline Design Oualitv, Comprehensive Plan Goal 5.5
Goal: Enhanced identity of the river as a unique community asset through high quality
development and public activities that reflect Tukwila's history and sense of community
pride.
Policies:
Policy 5.5.1: Require that shoreline development outside of the MIC:
o Ensures no net loss of shoreline function;
o Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
o Reflects principles of high quality design, in such areas as site
planning, architecture and landscaping;
o Includes setbacks, bulk, height, density, landscape buffers and
provisions for open space that enhance the shoreline environment.
Implementation Strategies for Policy 5.5.1:
o Shoreline design guidelines
o Shoreline development standards
o Tukwila Urban Center Plan
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Policy 5.5.2: Require that shoreline development in the MIC:
o Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
o Maintains or enhances the existing visual quality along the river;
o Provides trees and other landscaping to buffer industrial uses that are
incompatible with other river uses;
o Provides amenities that enhance enjoyment of the river by employees.
Implementation Strategies for Policy 5.5.2:
o Shoreline design guidelines
o Shoreline development standards
6.6 Access and Recreational Use, Comprehensive Plan Goal 5.6
Goal: Increase the amount and diversity of opportunities for public recreation and access
to and along the river, including visual and cultural access, access to the water's edge,
opportunities for small boat navigation and access, and connections to other
neighborhoods, consistent with the shoreline character.
Policies:
Policy 5.6.1: Retain and improve areas identified as important in the network
of public access to the river, including cross -town connections, former
railroad right -of -ways and unimproved street -end right -of -ways, historic sites,
unique natural features or other areas valuable for their interpretive potential.
Policy 5.6.2: Maintain existing parks along the shoreline and acquire
additional park land to increase access and recreation opportunities.
Policy 5.6.3: Incorporate river access requirements to guide the design,
location and management of shoreline public access in short plats over 4 lots
and all subdivisions as well as multi family, commercial and industrial
development; to identify types of access appropriate and feasible for various
site conditions and locations; and to establish strategies, funding sources and
priorities for acquisition and enhancement of shoreline public access.
Implementation Strategies for Policies 5.6.1- 5.6.3:
o Shoreline design guidelines
o Shoreline access guidelines
o Shoreline development standards
o Walk and Roll Plan
o Parks and Open Space Plan
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Policy 5.6.4: Design, locate and manage public access for diverse types and
variable levels of intensity in order to minimize impacts on vulnerable
features of the natural environment and to minimize conflicts with private
property uses.
Policy 5.6.5: Where shoreline development provides public access areas,
reserve such areas for use by the public through the means most appropriate
for the type, scale and impacts of the development, such as dedication,
donation or sale of an easement or right -of -way to the City.
Policy 5.6.6: Support the implementation of the King County Green River
Trail, per the existing King County Green River Trail Master Plan as well as
pedestrian/bicycle connections with the Trail from properties on the opposite
bank and the expansion of this trail where appropriate.
Policies for Development outside MIC:
Policy 5.6.7: Require subdivisions, multi family residential uses and
commercial and industrial uses along the shoreline to provide a trail for public
access along the river in areas identified for trail connections, consistent with
the King County Green River Trail Master Plan, Shoreline Master Program or
any other approved access plan.
Implementation Strategies for Policy 5.6.7
o King County Green River Trail Master Plan
o Shoreline public access standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.8: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access, and
appropriate lighting, consistent with the shoreline access guidelines.
Implementation Strategies for Policy 5.6.8
o King County Green River Trail Master Plan
o Shoreline public access standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.9: Except for single family residential development of four or
fewer single- family residential lots, shoreline development shall maintain and
encourage views of the water from the shoreline and from upland area,
through design of building height, bulk and modulation, and windows,
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breezeways and outdoor spaces.
Implementation Strategies
o Shoreline design guidelines
Policy 5.6.10: Public access improvements should be designed and
constructed to:
o Look and "feel" welcoming to the public;
o Connect to public areas, street ends, and other pedestrian or public
throughfares;
o Enhance the character of Tukwila;
o Avoid conflicts with water dependent uses;
o Provide for public safety and minimize impacts to private property
and individual privacy and security;
o Require a low level of operation and maintenance;
o Ensure that construction (i.e. structures and access pathways)
incorporates environmentally sensitive design and materials (e.g.,
non toxic, natural materials)
Policy 5.6.11: Improve pedestrian connections between the river, Green River
Trail and the Urban Center's commercial, office and residential uses.
Policies for Development in MIC
Policy 5.6.12: For MIC properties included in the King County Green River
Trail Master Plan or other approved access plan, require shoreline
development to provide a trail for public access along the river.
Policy 5.6.13: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access and
appropriate lighting, consistent with the shoreline access guidelines.
Policy 5.6.14: For MIC properties not included in the King County Green
River Trail Plan, require shoreline development to provide public access or a
private natural area in lieu of public access, or otherwise mitigate the loss of
public access.
Implementation Strategies for Policies 5.6.12 -14
o Shoreline design guidelines
o Shoreline access guidelines
o Walk and Roll Plan
o Parks and Open Space
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6.7 Transportation within the Shoreline Jurisdiction. Comprehensive Plan
Goal 5.7
Goal: Safe corridors and amenities for pedestrians, cyclists and users of public
transportation, allowing more citizens to access and enjoy the river.
Policies:
Policy 5.7.1: Design and locate transportation uses within the shoreline
jurisdiction to be compatible with shoreline vegetation or other habitat
features, turn-outs or parking areas for public access, biofiltration swales to
protect water quality, public art or interpretive signs.
Policy 5.7.2: Ensure the transportation uses within the shoreline jurisdiction
and within those corridors identified as river cross connections provide safe,
convenient and attractive pedestrian, bicycle and boater access and facilities
for public transportation.
Policy 5.7.3: Minimize transportation impacts to the natural environment
(such as air, noise, odor or water pollution) and enhance the natural
environment wherever possible through planting trees and other habitat
features.
Policy 5.7.4: Encourage maintenance of the river's navigability up to the
Turning Basin, where this achieves a greater public interest and a balance
between costs and benefits to the broader community and impacts to the
habitat functions of the river, in recognition of the historical significance of
navigation and its importance to the economic vitality of water dependent
uses and the MIC
6.8 Historical Resource Use and Archaeological Protection. Comprehensive
Plan Goal 5.8
Goal: Recognition of the river's contribution to Tukwila history and community identity
through identification, enhancement, restoration, and protection of sites with historic and
cultural value and through development of interpretive and educational programs.
Policies
Policy 5.8.1: Ensure that shoreline development reflects the river's important
role in Tukwila's history and that long -term public use of the river as an
historical resource is protected by providing for the identification, protection
and interpretation of unique historic and archaeological features.
Policy 5.8.2: Ensure that public shoreline development reflects the river's
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6.9 Natural Environment and Habitat Use, Comprehensive Plan Goal 5.9
Goal: Restored, enhanced, and protected natural environment resources along the river,
including trees, wildlife habitat and features with value for long -term public, scientific
and educational uses.
Policies
natural features and community traditions.
Policy 5.8.3: Ensure that archaeological artifacts and sites are protected when
development takes place in the shoreline jurisdiction.
Policy 5.9.1:Ensure that shoreline development results in no net loss of
shoreline ecological function, minimizes impacts on wildlife and that
significant vegetation, sandbars, wetlands, watercourses, and other critical
areas identified .as important for habitat are maintained through the proper
location, design, construction, and management of all shoreline uses and
activities.
Policy 5.9.2: Ensure that shoreline development and activities protect
riverbank vegetation and, where feasible, restore degraded riverbanks in
accordance with the vegetation management provisions of the Shoreline
Master Program, in order to minimize and compensate for impacts to fish and
wildlife habitat.
Policy 5.9.3: Mitigate unavoidable disturbances of significant vegetation or
habitat through replacement of habitat and provision of interpretive features
consistent with the shoreline access guidelines.
Policy 5.9.4: Support relief from certain shoreline master program
requirements for properties affected by habitat restoration projects that result
in the movement of the ordinary high water mark.
Policy 5.9.5: Support establishing the Transition Zone as the priority area for
habitat restoration projects given its importance for subtidal and intertidal
habitats to allow salmonids to gradually adjust to the change between fresh
and saltwater conditions.
6.10 Water Quality, Surface Water and Flood Control Use, Comprehensive
Plan Goal 5.10
Goal: Improved water quality and quantity control programs affecting the
Green/Duwamish River that improve the river's water quality, provide habitat for fish and
wildlife, protect public health and safety, and enhance public enjoyment of the river.
Policies:
Policy 5.10.1: Design, locate, and manage shoreline development including
streets, flood control projects, surface water drainage and sewer systems,
clearing and grading activities, and landscaping in a manner which minimizes
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opportunities for pollutants to enter the river, provides erosion control and
otherwise protects water quality.
Policy 5.10.2: Design, manage, and mitigate flood control uses to minimize
impacts to other shoreline uses such as trees and riverbank vegetation, public
access and recreation, and fish habitat; and set them back from the river,
where feasible for the project, with land areas between the water and the levee
set aside as open space for public recreation or wildlife habitat.
Policy 5.10.3: Consistent with project feasibility, mitigate unavoidable
negative impacts on other shoreline uses owing to flood control uses through
such measures as restoration of trees and native riverbank vegetation,
provision of public access to the water's edge, interpretive features, or other
mitigation of loss of opportunities for shoreline multiple uses.
Policy 5.10.4: Obtain additional easements, where needed, from property
owners to set back levees to improve flood control and shoreline habitat
functions. Where possible, as redevelopment occurs, replace bulkheads,
revetments or other hard bank stabilization with more natural levees,
riverbanks or other shoreline treatments, to improve flood control, ecological
functions and habitat.
C. Implementation Strategies
6.11 Public Health. Safety and Welfare, Comprehensive Plan Goal 5.11
Increase levee setback to incorporate flatter, more stable slope and vegetated
mid -slope benches
Shoreline access guidelines
Surface Water Management Plan
WRIA 9 Plan water quality policies
Shoreline Restoration Plan
Goal: Shoreline uses that do not endanger public health, safety and welfare, or the
capacity of the river to provide long -term benefits and resources to the community.
Policies:
Policy 5.11.1: Design, locate, and manage shoreline uses, such as capital
improvement projects and private development, in a manner that does not
endanger public health, safety and welfare, and enhances the capacity of the
river to provide long -term flood protection, habitat and other benefits and
resources to the community and the environment.
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7. SHORELINE ENVIRONMENT DESIGNATIONS
The City of Tukwila's Shoreline Master Program (SMP) establishes a system to classify
shoreline areas into specific "environment designations." This system of classifying
shorelines is established by the Shoreline Management Act (RCW 90.58) and Master
Program Guidelines (WAC 173 -26 -211). The purpose of shoreline environment
designations is to provide a uniform basis for applying policies and use regulations within
similar shoreline areas. Generally, shoreline designations should be based on existing
and planned development patterns, biological and physical capabilities and limitations of
the shoreline, and a community's vision or objectives for its future development.
7.1 Existing Reeulatory Framework
Tukwila's current SMP, first adopted in 1974, designates all shorelines as "Urban." At
the time the 1974 SMP was developed, all of the land in Tukwila's shoreline jurisdiction
was either zoned commercial /industrial or was developed with urban uses. The SMP
defines the Urban Environment as "areas to be managed in high intensive land uses,
including residential, commercial, and industrial development and accessory uses, while
providing for restoration and preservation to ensure long -term protection of natural and
cultural resources within the shoreline" (Tukwila, 1974). The SMP further states that the
management objectives for the shoreline "are directed at minimizing adverse impacts on
the river and shoreline ecology, maximizing the aesthetic quality and recreational
opportunities of the river shore, and recognizing the rights and privileges of property
owners" (Tukwila, 1974). Within the Urban Environment, Tukwila's SMP employs a
tiered system of regulations based on the distance from the Green/Duwamish River mean
high water mark (MHWM). These tiered management zones are generally described
below and illustrated on Figure 1:
River Environment/Zone: a 40 -foot wide zone extending landward from
MHWM and having the most environmentally protective regulations;
Low Impact Environment/Zone: the area between the River Environment and
100 feet from the MHWM; and
High Impact Environment/Zone: the area between 100 and 200 feet from the
MHWM.
The City also administers the King County Shoreline Master Program for the areas which
have been annexed since the adoption of the City's SMP in 1974. These areas are
designated Urban and the setbacks from Ordinary High Water Mark vary from 20 feet to
50 feet depending on whether the use is water dependent, single family or
commercial /industrial. See Annexation History Map, Map 3 for an identification of the
areas where the City administers the County's SMP.
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200'
URBAN ENVIRONMENT
100` 60' 40'
HIGH
IMPACT
ZONE
LOW
IMPACT
ZONE
RIVER
ZONE
RIVER
ZONE
200'
URBAN ENVIRONMENT
40' 60'
LOW
IMPACT
ZONE
MEAN HIGH WATER LINE
100'
HIGH
IMPACT
ZONE
Figure 1. Current Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44)
7.2 Kev Findings of the Shoreline Inventory Characterization Report and
Restoration Plan
This section summarizes findings from the Inventory and Characterization Report and
Restoration Plan elements of the SMP update (Appendices A and B). These findings
inform the goals, policies, regulations, and the development and application of
environment designations. In this context, the key findings can be summarized as
follows:
The Green/Duwamish River throughout Tukwila is a critical resource,
particularly in the Transition Zone portion of the river that extends from the East
Marginal Way South bridge through the north City limits (see Map 2), where
juvenile salmon adjust from fresh to salt water habitat. The river provides
migratory habitat for numerous fish species, as well as riparian habitat for a
variety of wildlife.
The river is a critical resource for Muckleshoot Indian Tribe fishing.
The river is a critical resource for some water dependent uses north of the
Turning Basin.
The river is an important recreational resource for sport fishing, small water craft
and Green River Trail users.
At an ecosystem scale, the habitat is largely homogenous throughout the city.
In addition, many ecosystem processes are largely controlled by up -river
characteristics, particularly the Howard Hanson Dam and are little affected by
actions in the City, except for such functions as water quality (especially fine
sediment capture and filtering of contaminants in stormwater), local surface
hydrology stormwater from increasing amounts of impervious surfaces and
contribution to peak flows of the river), riparian habitat, and temperature control
(shading from riparian habitat). With the exception of the functions provided by
the transitional mixing zone from salt to fresh water, habitat conditions and
functions are relatively similar throughout the shoreline. The transition zone
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needs greater protection and restoration focus than other sections of the shoreline
in the city.
Restoration opportunities are numerous and spatially distributed throughout
Tukwila's shoreline. Activities that provide restoration of both floodplain
functions and habitat functions should be prioritized, particularly those projects
in the transition zone. Policies should promote and regulations should enable the
City to accomplish restoration goals and actions.
7.3 State Environment Designation System
State Master Program Guidelines (WAC 173 -26 -211) establish the environment
designation system for shorelines regulated by the Shoreline Management Act. The
guidelines (WAC 173 -26 -150 and 176 -26 -160) give local jurisdictions the option to plan
for shorelines in designated Urban Growth Areas (UGA) and Potential Annexation Areas
(PAA) as well. The City can "pre- designate" shoreline environments in its designated
PAA as part of this planning process. However, shorelines in the PAA would continue to
be regulated under the provisions of the King County SMP until the City annexes those
areas. King County's SMP designates the City's north PAA "Urban" and the south PAA
as "Rural." King County is also in the process of updating its SMP, so these designations
may change when the County adopts an updated SMP, expected sometime before
December 2009. The County's Draft SMP designates the City's North PAA and the
South PAA as High Intensity.
The guidelines (WAC 173 -26 -211 (4) (b)) recommend six basic environment
designations: high intensity; shoreline residential; urban conservancy; rural conservancy;
natural resource; and aquatic. Local governments may establish a different designation
system, retain their current environment designations and/or establish parallel
environments provided the designations are consistent with the purposes and policies of
the guidelines (WAC 173 -26 -211 (4)(c)). The guidelines also note that local shoreline
environment designations should be consistent with the local comprehensive plan (WAC
173 -26 -211 (3)).
For each environment designation, jurisdictions must provide a purpose statement,
classification criteria, management policies and environment specific regulations. Table
2 describes the purpose for each of the recommended designations in the state guidelines.
For each designation, the potential applicability to Tukwila is noted.
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Table 2. State Recommended Environment Designation System WAC 173 -26 -211 (5)
Environment
Designation
Aquatic
Natural
Rural
Conservancy
Urban
Conservancy
Shoreline
Residential
High Intensity
Purpose
The purpose of the "aquatic" environment is to
protect, restore, and manage the unique
characteristics and resources of the areas
waterward of the ordinary high -water mark.
The purpose of the "natural" environment is to
protect those shoreline areas that are relatively
free of human influence or that include intact or
minimally degraded shoreline functions
intolerant of human use.
The purpose of the "rural conservancy"
environment is to protect ecological functions,
conserve existing natural resources and
valuable historic and cultural areas in order to
provide for sustained resource use, achieve
natural flood plain processes, and provide
recreational opportunities.
The purpose of the "urban conservancy"
environment is to protect and restore ecological
functions of open space, flood plain and other
sensitive lands where they exist in urban and
developed settings, while allowing a variety of
compatible uses.
The purpose of the "shoreline residential"
environment is to accommodate residential
development and appurtenant structures that
are consistent with this chapter An additional
purpose is to provide appropriate public access
and recreational uses.
The purpose of the "high- intensity"
environment is to provide for high intensity
water oriented commercial, transportation, and
industrial uses while protecting existing
ecological functions and restoring ecological
functions in areas that have been previously
degraded.
Applicability to Tukwila
The City does not currently utilize an
Aquatic designation. Uses or activities
waterward of OHWM are regulated
according to the provisions of the
associated upland designation. The
aquatic designation appears to have limited
utility for Tukwila, as the management
policies and objectives for aquatic areas
can be met through the adjacent upland
designation.
While the Green River shorelines in
Tukwila provide some important
ecological functions, the river and adjacent
uplands throughout Tukwila have been
significantly altered by dense urban
development and are generally armored or
otherwise modified.
Not applicable to Tukwila. All of the
City's shorelines are urbanized. Potential
annexation areas are either urbanized or
proposed for intensive development.
This designation is applicable in that the
Green River is an important natural
resource. The most significant shoreline
function provided in Tukwila is related to
fish and wildlife habitat. Open space is
limited by the existing development
pattern and flood plains are largely
disconnected by a series of levees,
revetments, and other infrastructure.
This designation is most applicable for
those portions of Tukwila's shorelines
where the existing and planned
development pattern is for low density
(i.e., predominantly single family)
residential uses or public recreation uses.
This designation is applicable along only
part of Tukwila's shorelines, in the
Manufacturing and Industrial Center
(MIC) north of the Turning Basin. Water
dependent uses are currently limited, as
only a small portion of the river in Tukwila
is navigable for commercial purposes, and
much of the river has levees, thus
restricting use immediately adjacent to the
river.
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7.4 Proposed Environment Desienations
The Aquatic, Natural and Rural Conservancy Environments are not well suited to a
highly developed, urbanized river that is navigable for only a small portion of the system
and is significantly constrained by levees for flood management, such as the
Green/Duwamish River in Tukwila. The City' s Shoreline Environments, which are
identified on Map 4, are:
Shoreline Residential Environment
Urban Conservancy Environment, and
High Intensity Environment
The City proposes to designate a buffer to replace the current system of parallel shoreline
management zones. Instead of the current River Environment a minimum buffer will be
established for each shoreline environment and allowed uses will be designated for the
buffer area along the river and the remaining shoreline jurisdiction. This system is
intended to facilitate the City's long -range objectives for land and shoreline management,
including:
Ensuring no net loss of ecological shoreline functions;
Providing for habitat protection, enhancement, and restoration to improve
degraded shoreline ecological functions over time and protection of already
restored areas;
Allowing continued and increased urban development in recognition of
Tukwila's role as a regionally significant industrial and commercial center;
and
Providing for improved flood control in coordination with King County and
the Army Corps of Engineers.
Table 3, on the following page, provides a summary of the characteristics of the river
shoreline in Tukwila to set the stage for the discussion in Section 7.5 on the
determination of shoreline buffers.
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Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline Ecological Conditions
Area
MIC /H MIC /L
Zoned property from
North City Limits to
EMWS Bridge, and
North Potential
Annexation Area
LDR Zoned property
w/o levees from
EMWS to I -405
Characteristics
Fresh/Salt water Transition
Zone, Lower flooding risk,
Less than 20' difference from
OHWM to top of bank, tidal
influence
Moderate flooding risk, Less
than 25' difference from
OHWM to top of bank, tidal
influence on northern section
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December, 2009
Shoreline Master Program
Environment Buffer Modification
High Intensity 100' The Director may reduce the standard buffer on a case -by-
case basis by up to 50% upon construction of the following
cross section:
1. reslope bank from OHWM (not toe) to be no
steeper than 3:1, using bioengineering techniques
2. Minimum 20' buffer landward from top of bank
3. Bank and remaining buffer to be planted with
native species with high habitat value
Comment: Maximum slope is reduced due to measurement
from OHWM and to recognize location in the Transition
Zone where pronounced tidal influence makes work below
OHWM difficult.
Any buffer reduction proposal must demonstrate to the
satisfaction of the Director that it will not result in direct,
indirect or long -term adverse impacts to the river. In all
cases a buffer enhancement plan must also be approved and
implemented as a condition of the reduction. The plan must
include using a variety of native vegetation that improves
the functional attributes of the buffer and provides
additional protection for the shoreline ecological functions.
Shoreline Residential Distance Removal of invasive species and replanting with native
required to species of high habitat value voluntary unless triggered by
set back requirement for a Shoreline Substantial Development
slope from permit
toe at2.5:1
plus 20'
setback,
Min. 50'
width
12/15/2009 3 15 PM
LDR Zoned prop
with levees from
I BMWS to 1 405
Commercially zoned
property from 21-
Ave S. Bridg e to
405
Moderate flooding risk, Less
than 25' difference from
O11WM to top of bank, tidal
influence on northern section
Moderate flooding risk, Less
than 25' difference
011WM to top of bank
Hi flooding risk, Federally
levee,
e an d County
large water level fluctuations
West River bank
from 1 -405 TSouth certifi
d
ity Limit,
205 Levee and South
Annexation Area
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Shoreline Residential
Urban Conservancy
125'
100'
Urban Conservancy
reconstruction accordance u er to actual width
Upon e, tion of levee in reduce profile, the Director may at Fort Dent.
required.
Comment: this applies to City -owned property
The Director may reduce thori cad of the following buffer a case-by
case basis by up t0 50% up
toe to be no steeper than 2.5:
cross section: e bank from
reslop k bioengineering techniques of bank
using bioeng dward from top
24' buffer buffer with
Minimum buffer to be p
Bad and remaining habitat value
native species with high
must demonstrate to the
Any buffer reduction proposal acls to shoreline
coon of the Du•ector that it will not result in direct,
indir a dverse imp cement
indirect orlong -term implemented enh as a
ecological functions. 1n approved and i buffer en an
tan must include using a
plan must also be app r oves the functiona
condition of the ve getation th imp protection
variety of native veg d provides additional p
attributes of the buffer an p
for the shoreline ecological
o
or reconst °f levee in accordanc
runcnc fr may reduce the
125'
with construction y minimum profile thD Director
buffer to the actual width required.
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East River bank
without levee from 1-
405 south to City
Limits
East River bank with
levee from 1 -405 to
South City Limit
Any shoreline
environment where
street or road runs
parallel to the river
through the buffer
Moderate flooding risk, 20 to Urban Conservancy
25' difference from Moderate OM
to top of bank, e waer
slumping risk, large
fluctuations
Moderate flooding risk, 20 to
25' difference froo d a e M
to top of bank,
slumping risk, large water
level fluctuations
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The Director may reduce the standard buffer on a case -by
case basis by up to 50% upon construction of the following
100
cross section:
e bank from toe to be no steeper than 2.5:
1, reslop s
using bioengineering technique of bank
top
2. Minimum 20' buffer lande to buffer planted with
3. Bank and remaining
native species with high habitat value
Any buffer reduction proposal must demonstrate to the
satisfaction of the Director d impacis to shoreline direct,
indirect or long -term adverse
ecological functions. In all cases a buffer e n s a n
plan must also be approved and implemented
condition of the reduction. The plan must include using a
vegetation that improves the functional
vari oh provides additional protection
attribb utees s of f native the buffer and p
for the shoreline ecological functions.
Upon reconstruction
f Director may reduce the buffer to the
Urban Conservancy 125 minimum profile the
actual width required for the levee.
End buffer on river side of existing improved street or
roadway.
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7.5 Determination of Shoreline Buffers
December, 2009
Shoreline Master Program
The determination of the buffer distances for each shoreline environment was based on
several factors including the analysis of buffer functions needed for protecting and
restoring shoreline ecological function (as presented in the Shoreline Inventory and
Characterization Report) and the need to allow space for bank stability and for protecting
human life and structures from damage from high flows, erosion and bank failures.
Safety of residents and people who work in buildings along the shoreline has become
even more important in recent years due to the increase in stormwater entering the river
from increasing impervious surfaces throughout the watershed and the recent problems
with the Howard Hanson Dam, which preclude being able to store as much flood water
behind the dam in the winter until the dam is repaired, and increasing the frequency and
intensity of flows during high rain events. These higher and more frequent flows will put
more stress on over steepened banks all along the river, increasing the possibility of bank
erosion, levee failures, and bank failures. Thus, ensuring that new structures are not built
too close to the river's edge is crucial to avoid loss of human life.
Staff also reviewed the rationale for the buffer widths established for watercourses under
TMC 18.45, the Sensitive Areas Ordinance, as well as buffer widths recommended by
resource agencies, such as the State Department of Fish and Wildlife, Department of
Natural Resources and the recent Biological Opinion issued by National Marine Fisheries
Service in relation to FEMA's National Flood Insurance Program.
The final buffer widths proposed by staff for each shoreline environment attempted to
balance shoreline ecological function needs, human life and property protection needs
(including future levee repair /reconstruction), existing land use patterns, and state and
federal agency policies.
The following information summarizes the analysis carried out and the rationale used for
determining buffer widths.
A. Buffer Functions Supporting Shoreline Ecological Resources, Especially
Salmonids
Buffers play an important role in the health of any watercourse and an even more
important role when considering the health of salmonids in the Green/Duwamish River
system. The key buffer functions for the river are summarized below.
The Shoreline Management Act and the Department of Ecology regulations require
evaluation of ecological functions and that local SMPs ensure that the policies and
regulations do not cause any net loss of shoreline ecological function. In addition, the
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SMP must identify mechanisms for restoration of lost ecological functions.
The crucial issue for the Green/Duwamish River is the presence of salmonids that are on
the Endangered Species list. To protect and restore ecological functions related to these
species it is important to provide for the installation of native vegetation along the
shoreline. Such vegetation provides shade for improving temperature conditions in the
river and habitat for insects on which fish prey. Trees along the shoreline also provide a
source of large woody debris (tree trunks, root wads, limbs, etc. that fall into the water),
which in turn provides pooling and areas of shelter for fish and other animals. In order to
allow for planting of native vegetation, banks need to be set back to allow for less steep
and more stable (requiring less armoring) slopes, so that they can be planted. The Corps
of Engineers does not allow planting on levees unless they are set back to an average
slope of 2.5:1 and constructed with a mid -slope bench. Plantings are allowed on the mid
slope bench and this is crucial for improving shoreline ecological functions that are
needed in the river.
The buffer widths needed to achieve a particular buffer function vary widely by function
type from as little as 16 feet for large woody debris recruitment (assuming the buffer has
large trees) to over 400 feet for sediment removal. The Washington State Department of
Fish and Wildlife (WDFW) recommends a riparian buffer width of 250 feet for
shorelines of statewide significance (this applies to the Green/Duwamish River). The
Washington Department of Natural Resources (WDNR) recommends a riparian buffer of
200 feet for Class 1 Waters (the Green/Duwamish River is a Class 1 Water under the
WDNR classification scheme). The National Marine Fisheries Service (responsible at the
federal level for overseeing protection of endangered salmonids under the Endangered
Species Act) has recommended a buffer of 250 feet in mapped floodplain areas to allow
for protection of shoreline functions that support salmonids. Tukwila's Sensitive Areas
Ordinance (TMC 18.45) has established a 100 foot buffer for Type 2 watercourses in the
city (those that bear salmonid species).
The key buffer functions for the river are summarized below.
1. Maintenance of Water Quality
Salmonid fish require water that is both colder and has lower nutrient levels
than many other types of fish. Vegetated shoreline buffers contribute to
improving water quality as described below.
a. Water Temperature: The general range of temperatures required to
support healthy salmonid populations is generally between 39 degrees
and 63 degrees. Riparian vegetation, particularly forested areas can
Endangered Species Act Section 7 Consultation. Final t3iolotzical Opinion and Mawnuson Stevens
Fishery Conservation and Management Act Essential Fish Habitat Consultation, implementation of the
Flood Insurance Program in the State of Washington, Phase One Document. Puizet Sound Region,
September, 2008.
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affect water temperature by providing shade to reduce exposure to the
sun and regulate high ambient air temperatures.
b. Dissolved Oxygen: dissolved oxygen is one of the most influential
water quality parameters for aquatic life, including salmonid fish. The
most significant factor affecting dissolved oxygen levels is water
temperature cooler streams maintain higher levels of oxygen than
warmer waters.
c. Metals and pollutants: Common pollutants found in streams,
particularly in urban areas, are excessive nutrients (such as
phosphorous and nitrogen), pesticides, bacteria and miscellaneous
contaminants such as PCBs and heavy metals. Impervious surfaces
collect and concentrate pollutants from different sources and deliver
these materials to streams during storm events. The concentration of
pollutants increases in direct proportion to the total amount of
impervious area. Undisturbed or well vegetated riparian buffer areas
can retain sediment, nutrients, pesticides, pathogens and other
pollutants, protecting water quality in streams. Elevated nitrogen and
phosphorus levels in runoff are a typical problem in urban watersheds
and can lead to increased in- stream plant growth, which results in
excess decaying plant material that consumes oxygen in streams and
reduces aquatic habitat quality.
2. Contributing to in- stream structural diversity
a. Large woody debris (LWD) refers to limbs and tree trunks that
naturally fall into the stream bed from a vegetated buffer. LWD serves
many functions in watercourses. LWD adds roughness to stream
channels, which in turn slows water velocities and traps sediments.
Sources of LWD in urban settings are limited where stream corridors
have been cleared of vegetation and developed and channel movement
limited due to revetments and levees. Under natural conditions, the
normal movement of the stream channel, undercutting of banks, wind
throw, and flood events are all methods of LWD recruitment to a
stream channel.
b. LWD also contributes to the formation of pools in river channels that
provide important habitat for salmonids. Adult salmonids require
pools with sufficient depth and cover to protect them from predators
during spawning migration. Adult salmon often hold to pools during
daylight, moving upstream from pool to pool at night.
3. Providing Biotic Input of Insects and Organic Matter
a. Vegetated buffers provide foods for salmonids and other fish, because
insects fall into the water from overhanging vegetation.
b. Leaves and other organic matter falling into stream provide food and
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nutrients for many species of aquatic insects which in turn provide
forage for fish.
B. Bank Stability and Protection of Human Lives and Structures
The main period of runoff and major flood events on the Green River is from November
through February. The lower Green and Duwamish levees and revetments form a nearly
continuous bank protection and flood containment system. Farmers originally
constructed many of these levees and revetments as the protection to the agricultural
lands of the area and this original material is still in place as the structural core. In
particular, these protection facilities typically have over steepened banks, areas with
inadequate rock buttressing at the toe, and lack habitat enhancing features such as
overhanging vegetation or in -water large woody debris. Because of these design and
construction shortcomings, the protection to river banks has not always performed as
intended. Instead, there have been bank failures that have threatened structures and
infrastructure; erosion of banks making them even steeper; and damage to levees that
has required a series of repair projects.
The damage to the levee system in recent storm events lead to discussions among the
City, US Army Corps of Engineers and the King County Flood Control District to
determine the best levee profile to use to prevent the recurring problem of continued
levee repairs. The criteria used to determine the best profile were:
Public Safety;
Maintaining levee certification;
Solutions that eliminate or correct factors that have caused or contributed to the
need for the levee repair;
Levee maintenance needs; and
Environmental considerations.
To overcome the existing problems and to reduce future maintenance and repair costs, the
Corps chose to lessen the overall slope to a stable grade. This selected method is
consistent with recommendations set forth in the Corps of Engineers' Manual for Design
and Construction of Levees (EM 1110 -2 -1913) for slope stability. It also is consistent
with the levee rehabilitation project constructed on the nearby Briscoe School levee that
has proven to be a very effective solution to scour problems the design slows the river
down, provides additional flood storage and allows a vegetated mid -slope bench for
habitat improvements. The Corps indicated that this type of profile would become the
template for future levee repair and construction projects. King County also plans to use
the 2.5:1 overall slope with a mid -slope bench incorporated for planting vegetation for its
future levee repairs. This profile was used to repair two areas of the federally certified
levee in Tukwila the Lily Point project and the Segale project, which were about 2,000
linear feet of repairs. Costs of these repairs were around $7 million dollars, not including
any costs of land acquisition for laying back the levees. It is expected that the use of this
levee design will reduce the need to continually repair the levee in those areas, thus
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avoiding such high expenditures in the future and saving money in the long run.
The profile discussed above is the Tukwila minimum profile for levee reconstruction as
illustrated in Figure 2 below:
Reconfigured Levee
18'
Willows
10'—
2 YV 2' 1.5
-i 1 /Existing Levee
Z q 7
Maintenance Easement _u u Ordinary High
1 5
T x 7; C y* Water Mark
=r_, t
'0..),-;J 1 OHWM
Reconfigured Slope averages 2.5:1 with bench L I
II-71
—1 Nwwv�n
Figure 2. Minimum Levee Profile
Typical Shoreline Buffer in Leveed Areas -Width Will Varl
Minimum Levee Profile
Not To Scale
Vegetated Bench
Because of the similarities in the soil conditions and taking into consideration the tidal
influence, the Green/Duwamish River can be divided into three areas South of I -405;
North of 1 -405; and areas around residential neighborhoods. Looking at the slope
geometry and the difference in height between the ordinary high water mark and the 100
year flood elevation for these three areas, it was found that 125 -feet of setback distance
(buffer) is needed to accommodate the "lay back" of the levee in the area south of 1 -405
and around Fort Dent Park. During high flow events, the water surface can be as much
as 16 feet above the OHWM in these areas. At locations further downriver, the water
surface elevation difference is much less pronounced due to the wider channel and
proximity to Puget Sound. For areas without levees, north of I -405 and those areas south
of 1 -405 on the east side of the river (right bank), a 100 -foot setback distance is required
to accommodate the slopes needed for bank stability. Within residential neighborhoods,
a minimum 50 -foot setback is justified because of the less intense land use associated
with single family home construction and the estimated amount of space needed to
achieve the natural angle of repose for a more stable slope.
Even though the above explanation for determining appropriate buffer distance used
levee design as the example, the same problems exist where there are no levees. The
2 The 125 foot distance includes a 2.5:1 overall slope with a mid-slope bench incorporated, 20 feet at the
top of the levee and 10 feet on the back side of the levee for access and inspection.
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river makes no distinction between an over steepened slope associated with a levee or a
riverbank. Scouring within the river will cause sloughing and slope stability will be
weakened, potentially resulting in the loss of structures. In fact, the non leveed riverbank
can be more prone to these problems since they tend to be steeper and consist mainly of
sand and silt. This makes them susceptible to erosion. Because the non leveed
riverbanks are for the most part privately owned, they are not actively monitored for
damage by the City or County.
C. Conclusions
The determination of buffer widths was based on two important criteria: the need to
achieve bank stability and protect structures along the shoreline from damage due to
erosion and bank failures and to protect and enhance shoreline ecological function.
Applying the 200 to 250 foot buffer widths recommended by WDFW and WDNR would
not be practical given the developed nature of the shoreline. It was also felt that a buffer
less than that already established for Type 2 Watercourses under the City's SAO would
not be sufficiently protective of shoreline functions, unless those functions were
enhanced through various restoration options. Therefore, 100 feet was established as the
starting point for considering buffer widths from the standpoint of shoreline ecological
function in each of the Shoreline Environments. Between 100 and 125 feet was the
starting point for buffer widths from the standpoint of bank stability and property
protection.
Thus buffers were established taking into account (as explained in the following sections)
the characteristics of each Shoreline Environment, needs for protection/restoration of
shoreline ecological functions, and needs for stable banks and human life and property
protection.
7.6 Shoreline Residential Environment
A. Designation Criteria: All properties zoned for single family use from the ordinary
high water mark landward two hundred (200) feet. In addition, those areas zoned for
single family use but developed for public recreation or open space within 200 feet of the
shoreline shall also be designated Shoreline Residential, except Fort Dent Park.
B. Purpose of Environment and Establishment of River Buffer: The purpose of the
Shoreline Residential Environment is to accommodate urban density residential
development, appurtenant structures, public access and recreational activities. However,
within the 200 foot shoreline jurisdiction in the Shoreline Residential Environment there
will be a protective buffer along the river, where development will be limited to protect
shoreline function.
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The purpose of the river buffer in the shoreline residential environment is to:
LDR
Ensure no net loss to shoreline ecological functions;
Help protect water quality and habitat function by limiting allowed uses;
Protect existing and new development from high river flows by ensuring
sufficient setback of structures;
Promote restoration of the natural character of the shoreline environment; and
Allow room for reconstructing over steepened river banks to achieve a more
stable slope and more natural shoreline bank conditions and avoid the need for
shoreline armoring.
C. Analysis of Development Character of Residential Shoreline
An analysis was prepared that looked at the residential properties along the shoreline and
identified the number of parcels with structures within 50 feet and 100 feet of the
OHWM. This analysis showed the following:
Number
ZONE of parcels
within 50
feet of
OHWM
i
1 135 1
Number Number of
of vacant parcels with
parcels structures
within 50 within 50
feet feet/% OHWM
12
Number
of parcels
within 100
feet of
Number
of vacant
parcels
within 100
feet
67/49% 1 201 1 25
Number of
parcels with
structures
within 100
feet/%
165/82%
As can be seen from the chart above, almost half of the parcels in the residential
neighborhoods have a structure within 50 feet of the OHWM a direct result of the
current King County regulations. To apply a buffer width that is consistent with the
City's Sensitive Areas Ordinance (SAO) of 100 feet would create a situation where 82%
of the properties along the river would have nonconforming structures as they relate to
the proposed shoreline buffer.
Expansion of single family nonconforming structures in the proposed SMP buffer would
be governed by Section 14.5 of the SMP, which permits an expansion of only 50% of the
square footage of the current area that intrudes into the buffer and only along the ground
floor of the structure. For example, if 250 square feet of a building extended into the
proposed buffer, the ground floor could be expanded a maximum of 125 feet in total area
along the existing building line.
A buffer of 100 feet was considered for the shoreline residential properties, with the
potential of a property owner applying for a buffer reduction of 50 however, under the
Shoreline Management Act, this would have required an application for a shoreline
variance for each requested buffer reduction, a process that requires review and approval
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both at the local and state level (Ecology must review and approve the variance in
addition to the City of Tukwila). This did not seem a reasonable process to require of so
many property owners.
The river bank in the Shoreline Residential Environment is typically in a modified and
degraded state but generally not stabilized with revetments, dikes or levees. Based on an
analysis of the river elevations and existing banks, a 50 foot minimum buffer in the
Shoreline Residential Environment would allow room to achieve a 2.5:1 bank slope with
an additional 20 foot setback from the top of the slope a distance that will allow for
bank stability and in -turn, protection of new structures from high flows, and bank
failures. A schematic of the shoreline jurisdiction showing the buffer is provided in
Figure 3.
200'
Shoreline Residential
Environment 50'
20 feet from top of
reconfigured river bank
min
Buffer
Ordinary High Water Mark
7.7 Urban Conservancy Environment
Figure 3. Schematic of Shoreline Residential Environment and Buffer
The proposed buffer area for the Shoreline Residential Environment will allow for
removal of invasive plants, planting of native vegetation in the riparian zone and
inclusion of other features to improve shoreline habitat. It also will prevent the
placement of any structures in an area that could potentially prove unstable. In the event
of bank erosion or slope failures, the buffer will provide sufficient space for re- sloping
the bank to a more stable 2.5:1 slope, either through bank stabilization projects or through
natural bank failures that result in the natural angle of repose (2.5:1 or greater).
A. Designation Criteria: This environment will be designated in the area between the
Ordinary High Water Mark and 200 feet landward as regulated under the Shoreline
Management Act and applied to all shorelines of the river except the Shoreline
Residential Environment and the High Intensity Environment. The Urban Conservancy
Environment areas are currently developed with dense urban multifamily, commercial,
industrial and/or transportation uses or are designated for such uses in the proposed south
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annexation area. This environment begins at the southern end of the Turning Basin and
includes portions of the river where levees and revetments generally have been
constructed and where the river is not navigable to large water craft. Uses will be
restricted immediately adjacent to the river by establishment of a minimum protective
buffer.
B. Purpose of Environment
The purpose of the Urban Conservancy Environment is to protect ecological functions
where they exist in urban and developed settings, and restore ecological functions where
they have been previously degraded, while allowing a variety of compatible uses.
C. Establishment of River Buffers
The Urban Conservancy environment will have two different buffers, depending on the
location along the river and whether or not the shoreline has a flood control levee. The
purpose of Urban Conservancy River Buffers is to:
Protect existing and restore degraded ecological functions of the open space,
flood plain and other sensitive lands in the developed urban settings;
Ensure no net loss of shoreline function when new development or re-
development is proposed;
Provide opportunities for restoration and public access;
Allow for adequate flood and channel management to ensure protection of
property, while accommodating shoreline habitat enhancement and promoting
restoration of the natural character of the shoreline environment, wherever
possible;
Avoid the need for new shoreline armoring; and
Protect existing and new development from high river flows.
Buffer in Non -Levee Areas:
A buffer width of 100 feet is established for the Urban Conservancy Environment for all
non residential areas without levees. This buffer width is consistent with that established
by the City's Sensitive Areas Ordinance for Type 2 streams that support salmonid use,
which is based on Best Available Science. In addition, as noted above, looking at the
slope geometry and the difference in height between the ordinary high water mark and
the 100 -year flood elevation for these areas, it was found that a 100 -foot setback distance
is required to accommodate the slopes needed for bank stability.
The buffer width of 100 feet allows enough room to reconfigure the river bank to achieve
a slope of 2.5:1, the "angle of repose" or the maximum angle of a stable slope and allow
for some restoration and improvement of shoreline function through the installation of
native plants and other habitat features. The actual amount of area needed to achieve a
2.5:1 slope may be less than 100 feet, depending on the character of the river bank and
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can only be determined on a site -by -site basis.
As an alternative to the 100 foot buffer, a property owner may re -slope the river bank to
2.5:1, provide a 20 foot setback from the top of the new slope and vegetate both the river
bank and the 20 foot setback area in accordance with the standards in the Vegetation
Protection and Landscaping Section. Any buffer reduction proposal must demonstrate to
the satisfaction of the Director that it will not result in direct, indirect or long -term
adverse impacts to shoreline ecosystem functions. In all cases a buffer enhancement plan
must also be approved and implemented as a condition of the reduction. The plan must
include removal of invasive plants, and plantings using a variety of native vegetation that
improves the functional attributes of the buffer and provides additional protection for the
watercourse functions.
In areas of the river where this condition currently exists or where the property owner has
constructed these improvements, the buffer width will be the actual distance as measured
from the ordinary high water mark to the top of the bank plus 20 feet.
The shoreline jurisdiction and buffers for the Urban Conservancy Environment are
depicted in the schematic in Figures 4 and 5 below.
Allow room to 1
reconfigure,
river bank to
2.5 :1 slope
Figure 4. Schematic of Shoreline Jurisdiction and Buffers for the Urban
Conservancy Environment in Areas without Levees
Buffer in Levee Areas:
200'
I Urban Conservancy Environment
100'
Buffer
Ordinary High Water Mark
For properties located behind the Army Corps of Engineers (ACOE) Certified 205 levee
and County constructed levees, the buffer will extend 125 feet landward from the
ordinary high water mark, determined at the time of development or redevelopment of the
site or when levee replacement or repair is programmed. This buffer width is the
maximum needed to reconfigure the river bank to the minimum levee profile and to
achieve an overall slope of 2.5:1, the "angle of repose" or the maximum angle of a stable
slope. The establishment of the 2.5:1 slope along the Corps certified 205 levee in the
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Tukwila Urban Center will allow for incorporating a mid -slope bench that can be planted
with vegetation to improve river habitat. The mid -slope bench also will allow access for
maintenance equipment, when needed. As the Corps of Engineers does not permit
planting on the levee prism, the only way to improve habitat along the 205 levee portion
of the river is to create a bench that can be vegetated that will not create a hazard for the
stability of the levee. A ten foot easement necessary to allow access for levee inspection
is required on the landward side of the levee at the toe. The ACOE has indicated the
2.5:1 levee profile with the mid -slope bench will be the template for future levee repairs.
As an alternative to the 125 foot buffer for leveed areas, a property owner may construct
levee or riverbank improvements that meet the Army Corps of Engineers, King County
Flood Control District, and City of Tukwila minimum levee profile. These standards at a
minimum shall include an overall slope of 2.5:1 from the toe of the levee to the riverward
edge of the crown, a 15 foot mid slope bench, 18' access across the top of the levee, a 2:1
back slope, and an additional 10 foot no -build area measured from the landward toe for
inspection and repairs. In instances where an existing building that has not lost its
nonconforming status prevents the complete construction of the minimum levee profile,
achieving an overall slope of 2.5:1 may be difficult however, the slope should be as
close to 2.5:1 as possible.
A floodwall is not the preferred back slope profile for a levee and may be substituted for
all or a portion of the back slope only where necessary to avoid encroachment or damage
to a structure legally constructed prior to the date of adoption of this Master Program and
which has not lost its nonconforming status and to preserve access needed for building
functionality The floodwall shall be designed to be the minimum necessary to provide
10' (ten foot) clearance between the levee and the building or the minimum necessary to
preserve access needed for building functionality while meeting all engineering safety
standards. A floodwall may also be used where necessary to avoid encroachment on a
railroad easement.
In areas of the river where the minimum levee profile currently exists or where the
property owner or a government agency has constructed the minimum profile, the buffer
will be reduced to the actual distance as measured from the ordinary high water mark to
the landward toe of the levee or face of a floodwall, plus 10 feet. In the event that the
owner provides the City and /or applicable agency with a 10 -foot levee maintenance
easement measured landward from the landward toe of the levee or levee wall (which
easement prohibits the construction of any structures and allows the City and/or
applicable agency to access the area to inspect the levee), then the buffer shall be reduced
to the landward toe of the levee, or landward edge of the levee floodwall, as the case may
be.
In cases where fill is placed along the back slope of the levee, the shoreline buffer may be
further reduced to the point where the ground plane intersects the back slope. The area
between the landward edge of the buffer and a point ten (10) feet landward of the
underground levee toe shall be covered by an easement prohibiting the construction of
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any structures and allowing the City and/or applicable agency to access the area to
inspect the levee and/or floodwall and make any necessary repairs. See Figure 5 below.
Buffer that could
Be Replaced
by Easements
New Ground 10' 2
Plane Access!
Inspection 11
Allow room
for Levee
repair or
replacement
7.8 High Intensity Environment
Buffer Reduction
Levee Toe
2*
200'
Urban Conservancy Environment
125'
Buffer
Ordinary High Water Mark
Proposed Levee
18' Top Width
Fill
Landward
Buffer Reduction with Backfill Option
Not To Scale
Figure 5. Schematic of Buffer Reduction Through Placing of Fill on Levee Back
Slope
Figure 6. Schematic of Shoreline Jurisdiction and Buffers for the Urban
Conservancy Environment in Areas with Levees
A. Designation Criteria: The High Intensity Shoreline Environment area is currently
developed with high intensity urban commercial, industrial and /or transportation uses or
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is designated for such uses in the proposed north annexation area. This environment
begins at the Ordinary High Water Mark and extends landward 200 feet and is located
from the southern edge of the Turning Basin north to the City limits and includes the
North PAA. This Environment is generally located along portions of the Duwamish
River that are navigable to large watercraft. Uses will be restricted immediately adjacent
to the river by establishment of a minimum protective buffer.
The transition zone is located partly in the High Intensity Environment. The transition
zone is the location where freshwater from a river and saltwater from the marine salt
wedge mix creating brackish conditions. Often it is also where the river widens, stream
velocities decrease and estuarine mudflats begin to appear. Habitat associated with the
transition zone is critically important for juvenile Chinook and chum smolts making the
transition to salt water. The transition zone moves upstream and downstream in response
to the combination of stream flow and tidal elevations and as a result varies over a
twenty -four hour period and seasonally. The transition zone is a crucial habitat for
salmonids.
B. Purpose of Environment and Establishment of River Buffer The purpose of the
Urban High Intensity Environment is to provide for high intensity, commercial,
transportation and industrial uses and to promote water dependent and water oriented
uses while protecting existing shoreline ecological functions and restoring ecological
functions in areas that have been previously degraded.
The purposes of the High Intensity River Buffer is to:
Protect existing and restore degraded ecological functions of the open space,
flood plain and other sensitive lands in the developed urban settings;
Ensure no net loss of shoreline function when new development or re-
development occurs;
Provide opportunities for shoreline restoration and public access;
Allow for adequate flood and channel management to ensure protection of
property, while accommodating shoreline habitat enhancement and promoting
restoration of the natural character of the shoreline environment, wherever
possible;
Avoid the need for new shoreline armoring; and
Protect existing and new development from high river flows.
A buffer of 100 feet is established, which allows enough room to reconfigure the river
bank to achieve a slope of 3:1, (starting at the OHWM rather than the toe) the "angle of
repose" or the maximum angle of a stable slope and allow for some restoration and
improvement of shoreline function through the installation of native plants and other
habitat features. The actual amount of area needed to achieve a 3:1 slope may be less
than 100 feet, depending on the character of the river bank and can only be determined on
a site -by -site basis.
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Allow room to
reconfigure
river bank to
3:1 slope
200'
High Intensity Environment
100'
Buffer
Ordinary High Water Mark
Figure 7. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for
the High Intensity Environment
As an alternative to the 100 foot buffer, a property owner may re -slope the river bank to a
maximum -3:1, provide a 20 foot setback from the top of the new slope and vegetate both
the river bank and the 20 foot setback area in accordance with the standards in the
Vegetation Protection and Landscaping Section. The property owner must also
demonstrate that this approach will not result in a loss of ecological functions of the
shoreline. In areas of the river where this condition currently exists or where the property
owner has constructed these improvements, the buffer width will be the actual distance as
measured from the Ordinary High Water Mark to the top of the bank plus 20 feet.
In any shoreline environment where an existing improved street or road runs parallel to
the river through the buffer, the buffer would end on the river side of the street or road.
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8. SHORELINE USE REGULATIONS
This section specifies the uses that are permitted outright, permitted as a Conditional Use,
or prohibited altogether for each Shoreline Environment. Also included are special
conditions and general requirements controlling specific uses. These regulations are
intended to implement the purpose of each Shoreline Environment designation adopted
with this SMP and will be codified in TMC 18.44. Additional regulations and
performance standards that apply to all Shoreline Environments are included in Sections
9 -14 of this SMP. These will also be codified in TMC 18.44.
8.1 General Use Regulations
A. All shoreline uses shall meet the requirements listed below.
B. The first priority for City -owned property within the shoreline jurisdiction shall be
reserved for water dependent uses including but not limited to habitat restoration,
followed by water enjoyment uses, public access, passive recreation, passive open space
uses, or public educational purposes.
C. No hazardous waste handling, processing or storage is allowed within the SMA
shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline
environment and adequate controls are in place to prevent any releases to the
shoreline /river.
D. Overwater structures, shall not cause a net loss of ecological function, interfere with
navigation or flood management, or present potential hazards to downstream properties
or facilities. They shall comply with the standards in the Overwater Structures Section.
E. Parking as a primary use is not permitted, except for existing Park and Ride lots,
where adequate stormwater collection and treatment is in place to protect water quality.
Parking is permitted only as an accessory to a permitted, conditional or unclassified use
in the shoreline jurisdiction.
F. All development, activities or uses unless it is an approved over water, flood
management structure, or shoreline restoration project shall be prohibited waterward of
the OHWM.
8.2 Shoreline Residential Environment -Uses
A. Shoreline Residential Buffer Permitted Uses
The Shoreline Residential River Buffer shall consist of the area identified in the
Shoreline Environment Designation Section of the SMP and the uses shall meet the
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purposes and criteria established therein.
1. Permitted Uses: No uses or structures are permitted in the Shoreline
Residential Buffer except for the following:
a. Shoreline Restoration Projects;
b. Over -water structures subject to the standards in the Over -water
Structures section associated with water dependent uses, public access,
recreation, flood control or channel management. Private, single
residence piers for the sole use of the property owner shall not be
considered an outright use on the shoreline. A dock may be allowed
when the applicant has demonstrated a need for moorage and that the
following alternatives have been investigated and are not available or
feasible:
1). commercial or marina moorage;
2). floating moorage buoys;
3). joint use moorage pier /dock.
c. Public parks, recreation and open space;
d. Public pedestrian bridges
e. Public and/or private promenades, footpaths or trails;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height or 25
square feet in area or block views to the shoreline from adjacent
properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided they are designed to meet the applicable levee regulations of
this SMP
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Fire lanes when co- located with levee maintenance roads;
1. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
m. Water dependent uses and their structures, as long as there is no net
loss of shoreline ecological function;
n. Fences, provided the maximum height of a fence along the shoreline is
four feet and the fence does not extend waterward beyond the top of
the bank; chain link fences must by vinyl coated.
o. Existing essential streets, roads and rights of way may be maintained
or improved;
p. Outdoor storage, only in conjunction with a water dependent use.
q. Support facilities for above or below ground utilities or pollution
control, such as runoff ponds, filter systems, detention ponds and
outfall facilities, provided they are located at or below grade and as far
from the OHWM as technically feasible;
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r. Essential public facilities, both above and below ground; and
s. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
t. Patios, or decks not exceeding 18- inches in height, limited to a
maximum 200 square feet and 50% of the width of the river frontage.
Decks or patios must be located landward of the top of the bank and be
constructed to be pervious and of environmentally friendly materials.
2. Conditional Uses: Only the following may be allowed as a Conditional
Use in the Shoreline Residential buffer subject to the requirements,
procedures and conditions established by this program:
a. Dredging activities when in compliance with all federal and state
regulations, when necessary for navigation or remediation of
contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for
assuring safe and efficient accommodation of existing navigational
uses and then only when significant ecological impacts are minimized
and when mitigation is provided. Maintenance dredging of established
navigation channels and basins is restricted to maintaining previously
dredged and/or existing authorized location, depth and width.
Dredging of bottom materials for the purpose of obtaining fill material is
prohibited.
c. New private vehicle bridges.
B. Shoreline Residential Environment Uses
The Shoreline Residential Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline Residential River Buffer. Uses
shall meet the purposes and criteria of the Shoreline Residential Development Zone as
established in the Shoreline Environment Designation section.
1. Permitted Uses: The Shoreline Residential Environment shall contain
residential, recreational and limited commercial uses and accessory uses as
allowed in the underlying zoning district. In addition, the Shoreline
Residential Environment shall allow the following uses:
a. All uses permitted in the Shoreline Residential River Buffer;
b. For non residential uses, parking/loading and storage facilities located
to the most upland portion of the property and adequately screened
and /or landscaped in accordance with the Vegetation Protection and
Landscaping section;
c. Railroad tracks; and
d. Public or private roads.
2. Conditional uses: All uses listed as conditional uses subject to the
requirements, procedures and conditions established by this program.
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8.3 Urban Conservancy Environment Uses
The Urban Conservancy Environment shall consist of the areas identified in the Shoreline
Environment Designations sections of this SMP. Uses shall meet the purposes and
criteria of the Urban Conservancy Environment established therein.
A. Urban Conservancy Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the Urban Conservancy
River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
uses, public access, recreation, flood control, channel management or
ecological restoration;
c. Public parks, recreation and open space
d. Public and/or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and
25 square feet in area and views of the shoreline are not blocked from
adjacent properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the applicable
levee regulations of this SMP;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
by the underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, piping, filter systems and outfalls.
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q. Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Essential public facilities, both above and below ground.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline Urban Conservancy Environment buffer subject to the
requirements, procedures and conditions established by this program:
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when
significant ecological impacts are minimized and when mitigation is
provided;
b. Dredging for remediation of contaminated sediments when mitigation
is provided. Dredging of bottom materials for the purpose of obtaining
fill material is prohibited. Dredging activities must comply with all
federal and state regulations.
c. New private vehicle bridges.
B. Urban Conservancy Environment Uses
1. Permitted Uses: All uses permitted in the Urban Conservancy Environment
Buffer and/or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses may be allowed subject
to the requirements, procedures and conditions of this program.
8.4 High Intensity Environment Uses
The High Intensity Environment Buffer shall consist of the area identified in the Shoreline
Environment Designations section. Uses shall meet the purposes and criteria of established
therein.
A. High Intensity Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the High Intensity River
Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
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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 Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the applicable
levee regulations of this SMP;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
by the underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, piping, filter systems and outfalls.
q. Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Essential public facilities, both above and below ground.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline High Intensity Environment buffer subject to the requirements,
procedures and conditions of this program.
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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.
B. Shoreline High Intensity Environment Uses
The Shoreline High Intensity Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline High Intensity Environment
Buffer area. Uses shall meet the purposes and criteria of the Shoreline Environment
Designations section.
1. Permitted Uses: All uses permitted in the High Intensity Environment Buffer
and/or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses may be allowed subject
to the requirements, procedures and conditions established by this program.
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9. SHORELINE DEVELOPMENT STANDARDS
9.1 Applicabili
The development standards of this chapter apply to work that meets the definition of
substantial development except for vegetation removal per section 9.10, which applies to
all shoreline development. The term "substantial development" applies to
nonconforming, new or re- development.
Nonconforming uses, structures, parking lots and landscape areas, will be governed by
the standards in Section 14.5, Nonconforming Development.
9.2 Shoreline Residential Development Standards
A shoreline substantial development permit is not required for construction within the
Shoreline Residential Environment by an owner, lessee or contract purchaser of a single
family residence for his/her own use or for the use of a family member. Such
construction and all normal appurtenant structures must otherwise conform to this Master
Program and the Shoreline Management Act. Short subdivisions and subdivisions are not
exempt from obtaining a shoreline substantial development permit.
A. Shoreline Residential Environment Standards
Permitted uses and approved Conditional Uses in the Shoreline Residential Environment
are subject to the following:
1. New development and uses must be sited so as to allow natural bank
inclination of 2.5:1 slope. A river bank analysis may be required as part of
any development proposal.
2. Utilities such as pumps, pipes, etc., shall be suitably screened with native
vegetation per the standards in the Vegetation Protection and Landscaping
section;
3. New shoreline stabilization, repair of existing stabilization, or modifications
to the riverbank must comply with the standards in the Shoreline Stabilization
section.
4. Short plats of 5 -9 lots or formal subdivisions must be designed to provide
public access to the river in accordance with the Public Access Section.
Signage is required to identify the public access point(s).
5. Parking facilities associated with single family residential development or
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public recreational facilities are subject to the specific performance standards
set forth in the Off Street Parking section.
6. Fences, freestanding walls or other structures normally accessory to
residences must not block views of the river from adjacent residences or
extend waterward beyond the top of the bank. Chain link fencing must be
vinyl coated.
7. Recreational structures permitted in the buffer must provide buffer mitigation.
8. The outside edge of surface transportation facilities, such as railroad tracks,
streets, or public transit shall be located no closer than 50 feet from the
ordinary high water mark, except where the surface transportation facility is
bridging the river.
9. Except for bridges, approved above ground utility structures, and water
dependent uses and their structures, the maximum height for structures shall
be as established by the underlying zone.
B. Design Review
Design review is required for non residential development in the Shoreline Residential
Environment.
9.3 High Intensity and Urban Conservancy Environment Development
Standards
A. Standards
The following standards apply in the High Intensity and Urban Conservancy
Environment.
1. All new development performed by public agencies, or new multi- family,
commercial, or industrial development shall provide public access in
accordance with the standards in the Public Access Section.
2. Development or re- development of properties in areas of the shoreline
armored with revetments or other hard armoring other than levees, or with
non armored river banks must comply with the Vegetation Protection and
Landscaping Section.
3. Any new shoreline stabilization or repairs to existing stabilization must
comply with Shoreline Stabilization Section.
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4. Over -water structures shall be allowed only for water dependent uses and the
size limited to the minimum necessary to support the structure's intended use
and shall result in no net loss to shoreline ecological function. Overwater
structures must comply with the standards in the Overwater Structures
Section.
B. Setbacks and Site Configuration
1. The yard setback adjacent to the river is the buffer width established for the
applicable shoreline environment.
2. A fishing pier, viewing platform or other outdoor feature that provides access
to the shoreline is not required to meet a setback from the OHWM.
C. Height Restrictions
Except for bridges, approved above ground utility structures, and water dependent uses
and their structures, the maximum height for structures shall be as follows to preserve
visual access to the shoreline and avoid massing of tall buildings within the shoreline
jurisdiction:
1. 15 feet where located within the River Buffer;
2. 45 feet between the outside landward edge of the River Buffer and 200' of the
OHWM.
Provided, no permit shall be issued for any new or expanded building or structure of more than 35
feet above average grade level on shorelines of the state that will obstruct the view of a
substantial number of residences on areas adjoining such shorelines. The Director may approve a
15% increase in height if the project proponent provides substantial additional restoration
and/or enhancement of the shoreline buffer, beyond what may otherwise be required.
The enhancement and /or restoration is subject to the standards of Section 9.10,
Vegetation Protection and Landscaping. If the required buffer has already been restored,
the project proponent may provide a 20% wider buffer which has been restored and /or
enhanced in order to obtain the 15% increase in height. These incentives may not be
combined to achieve a greater than 15% height increase. The enhancement/restoration is
subject to the standards of Section 9.10, Vegetation Protection and Landscaping.
D. Lighting
Lighting for the site or development shall be designed and located so that:
1. The minimum light levels in parking areas and paths between the building and
street shall be 1 foot candle;
2. Lighting shall be designed to prevent light spillover and glare on adjacent
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properties and on the river channel, be directed downward so as to illuminate
only the immediate area; and be shielded to eliminate direct off -site
illumination;
3. The general grounds need not be lighted;
4. The lighting is incorporated into a unified landscape and /or site plan.
9.4 Surface Water and Water Oualitv
The following standards apply to all shoreline development.
A. New surface water systems may not discharge directly into the river or streams
tributary to the river without pre- treatment to reduce pollutants and meet State water
quality standards.
B. Such pre- treatment may consist of biofiltration, oil /water separators, or other methods
approved by the City of Tukwila Public Works Department.
C. Shoreline development, uses and activities shall not cause any increase in surface
runoff, and shall have adequate provisions for storm water detention/infiltration.
D. Stormwater outfalls must be designed so as to cause no net loss of shoreline
ecological functions or adverse impacts where functions are impaired. New stormwater
outfalls or maintenance of existing outfalls must include shoreline restoration as part of
the project.
E. Shoreline development and activities shall have adequate provisions for sanitary
sewer.
F. Solid and liquid wastes and untreated effluents shall not be allowed to enter any
bodies of water or to be discharged onto shorelands.
G. The use of low impact development techniques is required, unless such techniques
conflict with other provisions of the SMP or are shown to not be feasible due to site
conditions.
H. Regional detention facilities shall be designed such that a fence is not required,
planted with native vegetation, designed to blend with the surrounding environment and
provide design features that serve both public and private use, such as an access road that
also can serve as a trail. The facility shall also be designed to locate access roads and
other impervious surfaces as far from the river as practical.
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9.5 Flood Hazard Reduction
The following standards apply to all shoreline development.
A. New structural flood hazard reduction structures shall be allowed only when it can be
demonstrated by a Riverbank Analysis that:
1. They are necessary to protect existing development;
2. Non structural measures are not feasible; and
3. Impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss.
Flood hazard structures must incorporate appropriate vegetation restoration and
conservation actions consistent with the standards of the Vegetation Protection and
Landscaping Section.
B. Levees, berms and similar flood control structures, whether new or redeveloped, shall
be designed in such a way as to ensure structural stability while incorporating mid -slope
benches planted with native vegetation suitable for wildlife habitat wherever feasible.
Where not feasible to incorporate a mid -slope bench with vegetation, other appropriate
habitat improvements must be provided.
C. Publicly funded structural measures to reduce flood hazards shall improve public access
or dedicate and provide public access unless public access improvements would cause
unavoidable health or safety hazards to the public, inherent and unavoidable security
problems, or significant ecological impacts that cannot be mitigated.
D. Rehabilitation or replacement of existing flood control structures, such as levees, with
a primary purpose of containing the 1- percent annual chance flood event, shall be
allowed where it can be demonstrated by an engineering analysis that the existing
structure:
1. Does not provide an appropriate level of protection for surrounding lands; or
2. Does not meet appropriate engineering design standards for stability (e.g.,
over steepened side slopes for existing soil and/or flow conditions); and
3. Repair of the existing structure will not cause or increase significant adverse
ecological impacts to the shoreline.
E. Rehabilitated or replaced flood control structures must achieve a maximum side slope
angle of 2.5:1 (H:V) or if that is not possible, achieve an angle as close to 2.5:1 as
possible. Rehabilitated or replaced structures shall not extend the toe of slope any further
waterward of the OHWM than the existing structure.
F. New structural flood hazard reduction measures, such as levees, berms and similar
flood control structures shall be placed landward of the floodway as determined by the
best available information.
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G. New, redeveloped or replaced structural flood hazard reduction measures shall be
placed landward of associated wetlands, and designated fish and wildlife habitat
conservation areas.
H. No commercial, industrial, office or residential development shall be located within a
floodplain without a Flood Control Zone Permit issued by the City. No development
shall be located within a floodway except as otherwise permitted.
9.6 Shoreline Stabilization
The provisions of this section apply to those structures or actions intended to minimize or
prevent erosion of adjacent uplands and/or failure of riverbanks resulting from waves,
tidal fluctuations or river currents. Shoreline stabilization or armoring involves the
placement of erosion resistant materials (e.g., large rocks and boulders, cement, pilings
and/or large woody debris) or the use of bioengineering techniques to reduce or eliminate
erosion of shorelines and risk to human infrastructure. This form of shoreline
stabilization is distinct from flood control structures and flood hazard reduction measures
(such as levees). The Shoreline Armoring Map, Map 5, identifies the location of both
types of river bank modifications. The terms shoreline stabilization, shoreline protection
and shoreline armoring are used interchangeably
A. Shoreline protection shall not be considered an outright permitted use and shall be
permitted only when it has been demonstrated through a Riverbank Analysis and Report
that shoreline protection is necessary for the protection of existing legally established
structures and public improvements.
B. New development and re- development shall be designed and configured on the lot to
avoid the need for new shoreline stabilization. Removal of failing shoreline stabilization
shall be incorporated into re- development design proposals wherever feasible.
C. Replacement of lawfully established, existing bulkheads or revetments are subject to
the following priority system:
1. The first priority for replacement of bulkheads or revetments shall be
landward of the existing bulkhead.
2. The second priority for replacement of existing bulkheads or revetments shall
be to replace in place (at the bulkhead's existing location).
D. When evaluating a proposal against the above priority system, at a minimum the
following criteria shall be considered:
1. Existing topography;
2. Existing development;
3. Location of abutting bulkheads;
4. Impact to shoreline ecological functions; and,
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5. Impact to river hydraulics, potential changes in geomorphology, and to other
areas of the shoreline.
E. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or
revetments) must demonstrate through a documented river bank analysis that
bioengineered shoreline protection measures or bioengineering erosion control designs
will not provide adequate upland protection of existing structures or would pose a threat
or risk to adjacent property. The study must also demonstrate that the proposed hard
shoreline stabilization will not adversely affect other infrastructure or adjacent shorelines.
F. Where allowed, shoreline armoring shall be designed, constructed and maintained in
a manner that does not result in a net loss of ecological function, including fish habitat,
and shall conform to the requirements of the 2004 Washington State Department of Fish
and Wildlife (or as amended) criteria and guidelines for integrated streambank
protection, U. S. Army Corps of Engineers and other regulatory requirements. The hard
shoreline stabilization must be designed and approved by a qualified engineer.
G. Shoreline armoring shall be designed to the minimum size, height, bulk and extent
necessary to remedy the identified hazard.
H. An applicant must demonstrate the following in order to qualify for the RCW
90.58.030(30(e)(iii)(ii) exemption from the requirement to obtain a shoreline substantial
development permit for a proposed single family bulkhead and to insure that the
bulkhead will be consistent with the SMP:
1. Erosion from currents or waves is imminently threatening a legally established
single family detached dwelling unit or one or more appurtenant structures;
and
2, The proposed bulkhead is more consistent with the City's Master Program in
protecting the site and adjoining shorelines and that non structural alternatives
such as slope drainage systems, bioengineering or vegetative growth
stabilization, are not feasible or will not adequately protect a legally
established residence or appurtenant structure; and
3. The proposed bulkhead is located landward of the OHWM or it connects to
adjacent, legally established bulkheads; and
4. The maximum height of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters as determined by
the National Ocean Survey published by the National Oceanic and
Atmospheric Administration.
I. Bulkheads or revetments shall be constructed of suitable materials that will serve to
accomplish the desired end with maximum preservation of natural characteristics.
Materials with the potential for water quality degradation shall not be used. Design and
3 Washington State Department of Fish and Wildlife, Washington Department of Ecology, and US Fish
and Wildlife Service, Olympia, Washington.
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construction methods shall consider aesthetics and habitat protection. Automobile
bodies, tires or other junk or waste material that may release undesirable chemicals or
other material shall not be used for shoreline protection.
J. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and wildlife or
on the property of others caused by his /her construction and shall propose and implement
solutions approved by the City to minimize such effects.
K. When shoreline stabilization is required at a public access site, provision for safe
access to the water shall be incorporated in the design whenever possible.
L. Placement of bank protection material shall occur from the top of the bank and shall
be supervised by the property owner or contractor to ensure material is not dumped
directly onto the bank face.
M. Bank protection material shall be clean and shall be of a sufficient size to prevent its
being washed away by high water flows.
N. When riprap is washed out and presents a hazard to the safety of recreational users of
the river, it shall be removed by the owner of such material.
0. 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.
9.7 Archaeological, Cultural and Historical Resources
In addition to the requirements of TMC 18.50.110, Archaeological /Paleontological
Information Preservation Requirements, the following regulations apply.
A. All land use permits for projects within the shoreline jurisdiction shall be coordinated
with affected tribes.
B. If the City determines that a site has significant archaeological, natural scientific or
historical value, a substantial development that would pose a threat to the resources of the
site shall not be approved.
C. Permits issued in areas documented to contain archaeological resources require a site
inspection or evaluation by a professional archaeologist in coordination with affected
Indian tribes. The City may require that development be postponed in such areas to allow
investigation of public acquisition potential, retrieval and preservation of significant
artifacts and /or development of a mitigation plan. Areas of known or suspected
archaeological middens shall not be disturbed and shall be fenced and identified during
construction projects on the site.
D. Developers and property owners shall immediately stop work and notify the City of
Tukwila, the Washington Department of Archaeology and Historic Preservation and
affected Indian tribes if archaeological resources are uncovered during excavation.
E. In the event that unforeseen factors constituting an emergency, as defined in RCW
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90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified
above, the project may be exempted from any shoreline permit requirements. The City
shall notify the Washington State Department of Ecology, the State Attorney General's
Office and the State Department of Archaeology and Historic Preservation of such an
exemption in a timely manner.
F. Archaeological excavations may be permitted subject to the provision of the Master
Program.
G. On sites where historical or archaeological resources have been identified and will be
preserved in situ, public access to such areas shall be designed and managed so as to give
maximum protection to the resource and surrounding environment.
H. Interpretive signs of historical and archaeological features shall be provided subject to
the requirements of the Public Access Section when such signage does not compromise
the protection of these features from tampering, damage and/or destruction.
9.8 Environmental Impact Mitigation.
A. All shoreline development and uses shall occur in a manner that results in no net loss
of shoreline ecological functions through the careful location and design of all allowed
development and uses. In cases where impacts to shoreline ecological functions from
allowed development and uses are unavoidable, those impacts shall be mitigated
according to the provisions of this section.
B. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter
43.21C RCW, is applicable, the analysis of environmental impacts from proposed
shoreline uses or developments shall be conducted consistent with the rules implementing
SEPA (TMC 21.04 and WAC 197 -11).
C. Where required, mitigation measures shall be applied in the following sequence of
steps listed in order of priority.
1. Avoiding the impact altogether by not taking a certain action or parts of an
action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps
to avoid or reduce impacts;
3. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
4. Reducing or eliminating the impact over time by preservation and
maintenance operations;
5. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
6. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
D. In determining appropriate mitigation measures applicable to shoreline development,
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lower priority measures shall be applied only where higher priority measures are
determined by the City to be infeasible or inapplicable.
E. When mitigation measures are appropriate pursuant to the priority of mitigation
sequencing above, preferential consideration shall be given to measures that replace the
impacted functions directly and in the immediate vicinity of the impact. However, if
mitigation in the immediate vicinity is not scientifically feasible due to problems with
hydrology, soils, waves or other factors, then off -site mitigation within the shoreline
jurisdiction may be allowed if consistent with the Shoreline Restoration Plan. Mitigation
for projects in the Transition Zone must take place in the Transition Zone. In the event
that a site is not available in the Transition Zone to carry out required mitigation, the
project proponent may contribute funds equivalent to the value of the required mitigation
to an existing or future restoration project identified in the CIP to be carried out by a
public agency in the Transition Zone.
9.9 Off Street Parking and Loading Requirements
A. In addition to the parking requirements in TMC 18.56, the following requirements
apply to all development in the shoreline jurisdiction.
B. Any parking, loading, or storage facilities located between the river and any building
must incorporate additional landscaping in accordance with the Vegetation Protection and
Landscaping Section, or berming or other site planning or design techniques to reduce
visual and/or environmental impacts from the parking areas utilizing the following
screening techniques:
1. A solid evergreen screen of trees and shrubs a minimum six -foot in height; or
2. Decorative fence a maximum of six feet high with landscaping. Chain link
fence, where allowed, shall be vinyl coated and landscaped with native
trailing vine or an approved non native vine other than ivy, except where a
security or safety hazard may exist; or
3. Earth berms at a minimum of four feet high, planted with native plants in
accordance with the Vegetation Protection and Landscaping Section.
B. Where a parking area is located in the shoreline jurisdiction and adjacent to a public
access feature, the parking area shall be screened by a vegetative screen or a built
structure that runs the entire length of the parking area adjacent to the amenity. The
landscape screening shall comply with the Vegetation Protection and Landscaping
Section.
C. Where public access to or along the shoreline exists or is proposed, parking areas
shall provide pedestrian access from the parking area to the shoreline.
D. Parking facilities, loading areas and paved areas shall incorporate low impact
development techniques wherever feasible, adequate storm water retention areas,
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oil /water separators and biofiltration swales, or other treatment techniques and shall
comply with the standards and practices formally adopted by the City of Tukwila Public
Works Department.
9.10 Vegetation Protection And Landscaping
A. Purpose, Objectives and Applicability
1. The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the
shoreline jurisdiction;
b. Establish requirements for removal of invasive plants at the time of
development or re- development of sites;
c. Establish requirements for landscaping for new development or re-
development;
d. Establish requirements for the long -term maintenance of native
vegetation to prevent establishment of invasive species and promote
shoreline ecosystem processes.
2. The City's goal is to preserve as many existing trees as possible and increase
the number of native trees, shrubs and other vegetation in the shoreline
because of their importance to shoreline ecosystem functions as listed below:
a. Overhead tree canopy to provide shade for water temperature control;
b. Habitat for birds, insects and small mammals;
c. Vegetation that overhangs the river to provide places for fish to
shelter;
d. Source of insects for fish;
e. Filtering of pollutants and slowing of stormwater prior to its entering
the river; and
f. A long -term source of woody debris for the river.
In addition, trees and other native vegetation are important for aesthetics it is
the City's goal that unsightly invasive vegetation, such as blackberries, be
removed from the shoreline and be replaced with native vegetation to promote
greater enjoyment of and access to the river.
The City will provide information and technical assistance to property owners
for improving vegetation in the shoreline jurisdiction and will work
collaboratively with local citizen groups to assist property owners in the
removal of invasive vegetation and planting of native vegetation, particularly
for residential areas.
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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 or overwater structure project on the shoreline.
4. The tree protection and retention requirements and the vegetation
management requirements apply to existing uses as well as new or re-
development.
B. Tree Protection, Retention and Replacement
1. As many significant trees and as much native vegetation as possible are to be
retained on a site proposed for development or re- development, taking into
account the condition and age of the trees. As part of design review, the Director
of Community Development or the Board of Architectural Review may require
alterations in the arrangement of buildings, parking or other elements of proposed
development in order to retain significant non invasive trees, particularly those
that provide shading to the river. Trees located on properties not undergoing
development or re- development may not be removed except those that interfere
with access and passage on public trails or that present an imminent hazard to
existing structures or the public. If the hazard is not readily apparent, the City
may require an evaluation by an International Society of Arborists (ISA)- certified
arborist.
2. To protect the ecological functions that trees and native vegetation provide to the
shoreline, removal of any significant tree in the shoreline jurisdiction or native
vegetation in the buffer requires a Shoreline Tree Removal and Vegetation
Clearing Permit and is generally only allowed on sites undergoing development or
redevelopment. Only trees that interfere with access and passage on public trails
or trees that present an imminent hazard to existing structures or the public may
be removed from sites without an issued building permit or Federal approval.
Factors that will be considered in approving tree removal include but are not
limited to: tree condition and health, age, risks to structures, and potential for root
or canopy interference with utilities.
3. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and
Vegetation Clearing Permit application must be submitted to DCD containing the
following information:
a) A vegetation survey that shows the diameter, species and
location of all significant trees and all existing native
vegetation on a site plan;
b) A site plan that shows trees and native vegetation to be retained
and trees to be removed and provides a table showing the
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number of significant trees to be removed and the number of
replacement trees required;
c) Tree protection zones and other measures to protect any trees
that are to be retained for sites undergoing development or re-
development;
d) Location of the OHWM, river buffer, shoreline jurisdiction
boundary and nay sensitive areas with their buffers;
e) A landscape plan that shows diameter, species name, spacing
and planting location for any required replacement trees and
other proposed vegetation;
f) An arborist evaluation justifying the removal of hazardous
trees if required by the Department; and
g) An application fee per the current Land Use Permit Fee
resolution.
4. Where permitted, significant trees that are removed from the shoreline shall be
replaced pursuant to the replacement ratios in Table 4 up to a density of 100 trees
per acre (including existing trees). The Director or Planning Commission may
require additional trees or shrubs to be installed to mitigate any potential impact
from the loss of this vegetation as a result of new development.
Table 4. Tree Replacement Requirements
Diameter* of Tree No. of Replacement
Removed Trees Required
4 -6 inches (single trunk) 3
2 inches (any trunk of a
multi -trunk tree)
1 Over 6 8 inches 1 4
Over 8 20 inches 1 6
1 Over 20 inches 1 8
measured at height of 4 feet from the ground
5. The property owner is required to ensure the viability and long term health of
trees planted for replacement through proper care and maintenance for the life of
the project. Replaced trees that do not survive must be replanted at the next
appropriate season for planting.
6. If all replacement trees cannot be reasonably accommodated on the site, off -site
tree replacement within the shoreline jurisdiction may be allowed at a site
approved by the City. Priority for off -site tree planting will be at locations within
the Transition Zone. If no suitable off -site location is available, the applicant
shall pay into a tree replacement 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.
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7. When a tree suitable for large woody debris is permitted to be removed from the
shoreline buffer, the tree trunk and root ball (where possible) will be saved for use
in a restoration project elsewhere in the shoreline jurisdiction. The applicant will
be responsible for the cost of moving the removed trees to a location designated
by the City. If no restoration project or storage location is available at the time,
the Director may waive this requirement. Trees removed in the shoreline
jurisdiction outside the buffer shall be placed as large woody debris in the buffer
(not on the bank), if feasible. Priority for LWD placement projects will be in the
Transition Zone.
8. Dead or dying trees located within the buffer or undeveloped upland portion of
the shoreline jurisdiction shall be left in place as wildlife snags, unless they
present a hazard to structures, facilities or the public.
9. Topping of trees is prohibited unless absolutely necessary to protect overhead
utility lines. Topping of trees will be regulated as removal and tree replacement
will be required.
10. For new development or redevelopment where trees are proposed for retention,
tree protection zones shall be indicated on site plans and shall be established in
the field prior to commencement of any construction or site clearing activity. A
minimum 4 ft high construction barrier shall be installed around significant trees
and stands of native trees or vegetation to be retained. Minimum distances from
the trunk for the construction barriers shall be based on the approximate age of the
tree (height and canopy) as follows
a. Young trees (have reached less than 20% of life expectancy): 0.75
feet per inch of trunk diameter
b. Mature trees (have reached 20 80% of life expectancy): 1 foot per
inch of trunk diameter.
c. Over mature trees (have reached greater than 80% of life expectancy):
1.5 feet per inch of trunk diameter.
C. Landscaping
This section presents landscaping standards for the Shoreline Jurisdiction and is divided
into a general section and separate sections for the River Buffer and for the remaining
part of the Shoreline Jurisdiction for each Environment Designation.
1. General Requirements
a. The landscaping requirements of this subsection apply for any new
development or redevelopment in the Shoreline Jurisdiction, except:
4 Modified from: Trees and Development. A Technical Guide to Preservation of Trees Durine Land
Development, Nelda Metheny and James R. Clark, 1998.
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single family residential development of 4 or fewer lots. The extent of
landscaping required will depend on the size of the proposed project.
New development or full redevelopment of a site will require
landscaping of the entire site. For smaller projects, the Director will
review the intent of this section and the scope of the project to
determine a reasonable amount of landscaping to be carried out.
b. Invasive vegetation must be removed as part of site preparation and
native vegetation planted, including the river bank, to improve the
ecological functions of the shoreline.
c. On properties located behind publicly maintained levees, property
owners will not be responsible for removal of invasive vegetation, or
planting of native vegetation within the buffer.
d. Removal of invasive species shall be done by hand or with hand -held
power tools. Where not feasible and mechanized equipment is needed,
the applicant must obtain a Shoreline Tree Removal and Vegetation
Clearing Permit and show how the slope stability of the bank will be
maintained and a plan must be submitted indicating how the work will
be done and what erosion control and tree protection features will be
utilized. Federal and State permits may be required for vegetation
removal with mechanized equipment.
e. Trees and other vegetation shading the river shall be retained or
replanted when riprap is placed per the approved tree permit, if
required.
f. Removal of invasive vegetation may be phased over several years
prior to planting if part of an approved plan to allow for alternative
approaches, such as sheet mulching and goat grazing. The method
selected shall not destabilize the bank or cause erosion.
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 (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).
g.
5 Washington Department of Fish and Wildlife, Washington Department of Ecology, and US Fish and
Wildlife Service, Olympia, Washington
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J.
Plant sizes in the non buffer areas of all Shoreline Environments shall
meet the following minimum size standards:
Deciduous trees: 2" caliper
Conifers: 6 -8' height.
Shrubs: 24" height
Groundcover /grasses: 4 -inch or 1 gallon container
Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes,
depending on plant species) are preferred for buffer plantings. Willow
stakes must be at least 1 /2 -inch in diameter.
k. Site preparation and planting of vegetation shall be in accordance with
best management practices for ensuring the vegetation's long -term
health and survival.
1. Plants may be selected and placed to allow for public and private view
corridors and/or access to the water's edge.
m. Native vegetation in the shoreline installed in accordance with the
preceding standards shall be maintained by the property owner to
promote healthy growth and prevent establishment of invasive species
for the life of the project. Invasive plants (such as blackberry, ivy,
knotweed, bindweed) shall be removed according to the approved
maintenance plan.
n. Areas disturbed by removal of invasive plants shall be replanted with
native vegetation where necessary to maintain the density shown in
Table 4 and must be replanted in a timely manner, except where a long
term removal and re- vegetation plan, as approved by the City, is being
implemented.
o. The following standards apply to utilities and loading docks located in
the shoreline jurisdiction.
1) Utilities such as pumps, pipes, etc. shall be suitably screened
with native vegetation;
2) Utility easements shall be landscaped with native,
groundcover, grasses or other low- growing plants as
appropriate to the shoreline environment and site conditions;
3) Allowed loading docks and service areas located waterward of
the development shall have landscaping that provides extensive
visual separation from the river.
2. River Buffer Landscaping Requirements in all Shoreline Environments
The River Buffer in all shoreline environments shall function, in part, as a
vegetation management area to filter sediment, capture contaminants in
surface water run off, reduce the velocity of water run off, and provide fish
and wildlife habitat.
a. A planting plan prepared by a licensed landscape architect or an
approved biologist shall be submitted to the City for approval that
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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 Table 5. Existing
non invasive plants may be included in the density calculations.
e. Irrigation for buffer plantings is required for at least two dry seasons or
until plants are established. An irrigation plan is to be included as part
of the planting plan.
f. In the event that a development project allows for setback and
benching of the shoreline along an existing levee or revetment, the
newly created mid -slope bench area shall be planted and maintained
with a variety of native vegetation appropriate for site conditions.
Table 5. River Buffer Vegetation Planting Densities
1 Plant Material Type 1 Planting Density
Stakes /cuttings along river bank (willows, red 1 -2 ft on center or per bioengineering method
osier dogwood)
1 Shrubs
1 Trees
Groundcovers, grasses,
herbaceous plants
1 Native seed mixes
1 3 -5 ft on center, depending on species
1 15 20 ft on center, depending on species
sedges, rushes, other 1 1.5 ft on center, depending on species
1 5 -25 lbs per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High Intensity
Environments Outside of the River Buffer
For the portions of property within the Shoreline Jurisdiction landward of the
River Buffer the landscape requirements in the General section of this SMP
and the requirements for the underlying zoning as established in TMC Chapter
18.52 shall apply except as indicated below.
a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal
feet of required perimeter landscaping, one shrub for each 4 lineal feet
of required perimeter landscaping, and native groundcovers to cover
90% of the landscape area within 3 years, planted at a minimum
spacing of 18 inches on- center.
b. Interior Parking Lot Landscaping: Every 300 square feet of paved
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surface requires 10 square feet of interior landscaping within
landscape islands separated by no more than 150 feet between islands.
c. Landscaping shall be provided at yards not adjacent to the river, with
the same width as required in the underlying zoning district. This
standard may be reduced as follows:
1) Where development provides public access corridor between
off -site public area(s) and public shoreline areas, side yard
landscaping may be reduced by 25 percent to no less than 3
feet; or
2) Where development provides additional public access area(s)
(as allowed by the High Intensity and Urban Conservancy
Environment Development Standards) equal in area to at least
2.5% of total building area, front yard landscaping may be
reduced by 25 percent.
D. Vegetation Management in the Shoreline Jurisdiction
The requirements of this section apply to all existing and new development within the
shoreline jurisdiction.
1. Trees and shrubs may only be pruned for safety, to maintain view or access
corridors and trails by pruning up or on the sides of trees, to maintain
clearance for utility lines, and/or for improving shoreline ecological function.
This type of pruning is exempt from any permit requirements. Topping of
trees is prohibited except where absolutely necessary to avoid interference
with existing utilities.
2. Plant debris from removal of invasive plants or pruning shall be removed from
the site and disposed of properly.
3. Use of pesticides
a. Pesticides (including herbicides, insecticides, and fungicides) shall not
be used in the shoreline jurisdiction except where:
1) Alternatives such as manual removal, biological control, and
cultural control are not feasible given the size of the
infestation, site characteristics, or the characteristics of the
invasive plant species
2) The use of pesticides has been approved through a
comprehensive vegetation or pest management and monitoring
plan;
3) The pesticide is applied in accordance with state regulations;
4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency and
5) The use of pesticides in the shoreline jurisdiction is approved
in writing by the City and the applicant presents a copy of the
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9.11 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:
A. Clearing, Grading and Landfill
B. Dredging
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.
1. Land altering shall be permitted only where it meets the following criteria:
a. The work is the minimum necessary to accomplish an allowed
shoreline use;
b. Impacts to the natural environment are minimized and mitigated;
c. Water quality, river flows and /or fish habitat are not adversely
affected;
d. Public access and river navigation are not diminished;
e. The project complies with all federal and state requirements;
f. The project complies with the vegetation protection criteria of the
Vegetation Protection and Landscaping Section; and
g. Documentation is provided to demonstrate that the fill comes from a
clean source.
2. Clearing, grading and landfill activities, where allowed, shall include erosion
control mechanisms, and any reasonable restriction on equipment, methods or
timing necessary to minimize the introduction of suspended solids or leaching
of contaminants into the river, or the disturbance of wildlife or fish habitats in
accordance with the standards in the Grading Chapter, TMC 16.54,.
1. Dredging activities must comply with all federal and state regulations.
Maintenance dredging of established navigation channels and basins must be
restricted to maintaining previously dredged and /or existing authorized
location, depth, and width.
2. Where allowed, dredging operations must be designed and scheduled so as to
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ensure no net loss to shoreline ecological functions or processes.
9.12 Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other
Over -water Structures
A. General Requirements
1. Prior to issuance of a shoreline substantial development permit for
construction of piers, docks, wharves or other over -water structures the
applicant shall present approvals from State or Federal agencies, as applicable.
2. Structures must be designed by a qualified engineer and must demonstrate the
project will result in no net loss of shoreline ecological function and will be
stable against the forces of flowing water, wave action and the wakes of
passing vessels.
3. In -water structures shall be designed and located to minimize shading of
native aquatic vegetation and fish passage areas. Removal of shoreline,
riparian and aquatic vegetation shall be limited to the minimum extent
necessary to construct the project. All areas disturbed by construction shall be
replanted with native vegetation as part of the project.
4. New or replacement in -water structures shall be designed and located such
that natural hydraulic and geologic processes, such as erosion, wave action or
floods will not necessitate the following:
a. reinforcement of the shoreline or stream bank with new bulkheads or
similar artificial structures to protect the in -water structure; or
b. dredging.
5. No structures are allowed on top of over -water structures except for properties
located north of the Turning Basin.
6. Pilings or other associated structures in direct contact with water shall not be
treated with preservatives unless the applicant can demonstrate that no
feasible alternative to protect the materials exists and that non -wood
alternatives are not economically feasible. In that case, only compounds
approved for marine use may be used and must be applied by the
manufacturer per current best management practices of the Western Wood
Preservers Institute. The applicant must present verification that the best
management practices were followed. The preservatives must also be
approved by the Washington Department of Fish and Wildlife.
7. All over -water structures shall be constructed and maintained in a safe and
sound condition. Abandoned or unsafe over -water structures shall be
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removed or repaired promptly by the owner. Accumulated debris shall be
regularly removed and disposed of properly so as not to jeopardize the
integrity of the structure. Replacement of in -water structures shall include
proper removal of abandoned or other manmade structures and debris.
8. Boat owners who store motorized boats on -site are encouraged to use best
management practices to avoid fuel and other fluid spills.
B. Marinas, Boat yards and Dry Docks
1. All uses under this category shall be designed to achieve no net loss of
shoreline ecological functions.
2. Commercial /Industrial marinas and dry docks shall be located no further
upriver than Turning Basin #3.
3. Marinas shall be located, designed, constructed and operated to avoid or
minimize adverse impacts on fish, wildlife, water quality, native shoreline
vegetation, navigation, public access, existing in -water recreational activities
and adjacent water uses.
4. Marinas shall submit a fuel spill prevention and contingency plan to the City
for approval. Haul -out and boat maintenance facilities must meet the City's
stormwater management requirements and not allow the release of chemicals,
petroleum or suspended solids to the river.
5. Marinas, boat yards and dry docks must be located a minimum of 100 feet
from Fish and Wildlife Habitat Areas (see Sensitive Areas in the Shoreline
Map, Map 5).
6. New marinas, launch ramps and accessory uses must be located where water
depths are adequate to avoid the need for dredging.
C. Boat Launches and Boat Lifts
1. Boat launch ramps and vehicle access to the ramps shall be designed to not
cause erosion; the use of pervious paving materials, such as grasscrete, are
encouraged.
2. Boat launch ramps shall be designed to minimize areas of landfill or the need
for shoreline protective structures.
3. Access to the boat ramp and parking for the ramp shall be located a sufficient
distance from any frontage road to provide safe maneuvering of boats and
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trailers.
4. Launching rails shall be adequately anchored to the ground.
5. Launch ramps and boat lifts shall extend waterward past the OHWM only as
far as necessary to achieve their purpose.
6. Boat lifts and canopies must meet the standards of the U.S. Army Corps of
Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh
and Marine /Estuarine Waters within the State of Washington.
D. Over -water Structures
Where allowed, over -water structures such as piers, wharves and docks shall meet the
following standards:
1. The size of new over -water structures shall be limited to the minimum necessary
to support the structure' s intended use and to provide stability in the case of
floating docks. Structures must be compatible with any existing channel control
or flood management structures.
2. Over -water structures shall not extend waterward of the OHWM any more than
necessary to permit launching of watercraft, while also ensuring that watercraft do
not rest on tidal substrate at any time.
3. Adverse impacts of over -water structures on water quality, river flows, fish
habitat, shoreline vegetation, and public access shall be minimized and mitigated.
Mitigation measures may include joint use of existing structures, open decking or
piers, replacement of non native vegetation, installation of in -water habitat
features or restoration of shallow water habitat.
4. Any proposals for in -water or over -water structures shall provide a pre
construction habitat evaluation, including an evaluation of salmonid and bull trout
habitat and shoreline ecological functions and demonstrate how the project
achieves no net loss of shoreline ecological functions.
5. Over -water structures shall obtain all necessary state and federal permits prior to
construction or repair.
6. All over -water structures must be designed by a qualified engineer to ensure that
they are adequately anchored to the bank in a manner so as not to cause future
downstream hazards or significant modifications to the river geomorphology and
are able to withstand high flows.
7. Over -water structures shall not obstruct normal public use of the river for
navigation or recreational purposes.
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8. Shading impacts to fish shall be minimized by using grating on at least 30% of the
surface area of the over -water structure on residential areas and at least 50% of
the over -water structure on all other properties. The use of skirting is not
permitted.
9. If floats are used, the flotation shall be fully enclosed and contained in a shell
(such as polystyrene) that prevents breakup or loss of the flotation material into
the water, damage from ultraviolet radiation, and damage from rubbing against
pilings or waterborne debris.
10. Floats may not rest on the tidal substrate at any time and stoppers on the piling
anchoring the floats must be installed to ensure at least 1 foot of clearance above
the substrate. Anchor lines may not rest on the substrate at any time.
11. The number of pilings to support over -water structures, including floats shall be
limited to the minimum necessary. Pilings shall conform to the pilings standards
contained in the US Army Corps of Engineers Regional General Permit No. 6.
12. No over -water structure shall be located closer than five (5) feet from the side
property line extended, except that such structures may abut property lines for the
common use of adjacent property owners when mutually agreed upon by the
property owners in an easement recorded with the King County. A copy of this
agreement shall be submitted to the Department of Community Development and
accompany an application for a development permit and/or Shoreline Permit.
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10. ENVIRONMENTALLY SENSITIVE AREAS WITHIN THE
SHORELINE JURISDICTION.
10.1 Purpose
A. The Growth Management Act (RCW 36.70A) requires protection of critical areas
(sensitive areas), defined as wetlands, watercourses, frequently flooded areas,
geologically hazardous areas, critical aquifer recharge areas, fish and wildlife
conservation areas, and abandoned mine areas.
B. The purpose of protecting environmentally sensitive areas within the shoreline
jurisdiction is to:
1. Minimize developmental impacts on the natural functions and values of these
areas.
2. Protect quantity and quality of water resources.
3. Minimize turbidity and pollution of wetlands and fish- bearing waters and
maintain wildlife habitat.
4. Prevent erosion and the loss of slope and soil stability caused by the removal
of trees, shrubs, and root systems of vegetative cover.
5. Protect the public against avoidable losses, public emergency rescue and relief
operations cost, and subsidy cost of public mitigation from landslide,
subsidence, erosion and flooding.
6. Protect the community's aesthetic resources and distinctive features of natural
lands and wooded hillsides.
7. Balance the private rights of individual property owners with the preservation
of environmentally sensitive areas.
8. Prevent the loss of wetland and watercourse function and acreage, and strive
for a gain over present conditions.
9. Give special consideration to conservation or protection measures necessary
to protect or enhance anadromous fisheries.
10. Incorporate the use of best available science in the regulation and protection
of sensitive areas as required by the state Growth Management Act, according
to WAC 365- 195 -900 through 365 -195 -925 and WAC 365- 190 -080.
C. The goal of these sensitive area regulations is to achieve no net loss of wetland,
watercourse, or fish and wildlife conservation area or their functions.
10.2 Applicability, Maps and Inventories
A. Sensitive areas located in the shoreline jurisdiction will be governed by the Shoreline
Management Program and not the City's Sensitive Areas Ordinance. However, the level
of protection for the critical areas shall be equal to that provided in the Sensitive Areas
section of the Zoning Code (TMC18.45).
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B. Sensitive areas currently identified in the shoreline jurisdiction are discussed in the
Shoreline Inventory and Characterization Report, which forms part of this Shoreline
Management Program. The locations are mapped on the Sensitive Areas in the
Shoreline Jurisdiction Map Map 6. This map is based on assessment of current
conditions and review of the best available information. However, additional sensitive
areas may exist within the shoreline jurisdiction and the boundaries of the sensitive areas
shown are not exact. It is the responsibility of the property owner to determine the
presence of sensitive areas on the property and to verify the boundaries in the field.
Sensitive area provisions for abandoned mine areas do not apply as none of these areas is
located in the shoreline jurisdiction.
C. Frequently flooded areas and areas of seismic instability will be governed by the
Flood Zone Management Code (TMC 16.52) and the Washington State Building Code.
10.3 Best Available Science
Policies, regulations and decisions concerning sensitive areas shall rely on Best Available
Science to protect their functions and values. Special consideration must be given to the
conservation or protection measures necessary to preserve or enhance anadromous fish
and their habitats. Nonscientific information may supplement scientific information, but
is not an adequate substitution for valid and available scientific information.
10.4 Sensitive Area Studies
An applicant for a development proposal that may include a sensitive area and /or its
buffer shall submit those studies as required by the City and specified below to
adequately identify and evaluate the sensitive area and its buffers.
A. General Requirements
1. A required sensitive areas study shall be prepared by a person with experience
and training in the scientific discipline appropriate for the relevant sensitive
area. A qualified professional must have obtained a B.S. or B.A. or equivalent
degree in ecology or related science, engineering, environmental studies,
fisheries, geotechnical or related field, and at least two years of related work
experience.
2. The sensitive areas study shall use scientifically valid methods and studies in
the analysis of sensitive area data and shall use field reconnaissance and
reference the source of science used. The sensitive area study shall evaluate
the proposal and all probable impacts to sensitive areas.
3. It is intended that sensitive areas studies and information be utilized by
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applicants in preparation of their proposals and therefore shall be undertaken
early in the design stages of a project.
B. Wetland, Watercourse and Fish and Wildlife Conservation Area Sensitive Area
Studies
At a minimum, the sensitive area study shall contain the following information, as
applicable:
1. The name and contact information of the applicant, a description of the
proposal, and identification of the permit requested;
2. A copy of the site plan for the development proposal showing: sensitive areas
and buffers and the development proposal with dimensions; clearing limits;
proposed storm water management plan; and mitigation plan for impacts due
to drainage alterations;
3. The dates, names and qualifications of the persons preparing the study and
documentation of any fieldwork performed on the site;
4. Identification and characterization of all sensitive areas, water bodies, and
buffers adjacent to the proposed project area or potentially impacted by the
proposed project;
5. A statement specifying the accuracy of the study and assumptions used in the
study;
6. Determination of the degree of impact and risk from the proposal both on the
site and on adjacent properties;
7. An assessment of the probable cumulative impacts to sensitive areas, their
buffers and other properties resulting from the proposal;
8. A description of reasonable efforts made to apply mitigation sequencing to
avoid, minimize and mitigate impacts to sensitive areas;
9. Plans for adequate mitigation to offset any impacts;
10. Recommendations for maintenance, short-term and long -term monitoring,
contingency plans and bonding measures; and
11. Any technical information required by the director to assist in determining
compliance.
C. Geotechnical Studies
1. A geotechnical study appropriate both to the site conditions and the proposed
development shall be required for development in Class 2, Class 3, and Class
4 Areas.
2. All studies shall include at a minimum a site evaluation, review of available
information regarding the site and a surface reconnaissance of the site and
adjacent areas. For Class 2 areas, subsurface exploration of site conditions is
at the discretion of the geotechnical consultant. In addition, for Class 3 and
Class 4 Areas, the study shall include a feasibility analysis for the use of
infiltration on -site and a subsurface exploration of soils and hydrology
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conditions. Detailed slope stability analysis shall be done if the geotechnical
engineer recommends it in Class 3 areas, and must be done in Class 4 areas.
3. Applicants shall retain a geotechnical engineer to prepare the reports and
evaluations required in this subsection. The geotechnical report and completed
site evaluation checklist shall be prepared in accordance with generally
accepted geotechnical practices, under the supervision of and signed and
stamped by the geotechnical engineer. The report shall be prepared in
consultation with the appropriate City department. Where appropriate, a
geologist must be included as part of the geotechnical consulting team. The
report shall make specific recommendations concerning development of the
site.
4. The opinions and recommendations contained in the report shall be supported
by field observations and, where appropriate or applicable, by literature
review conducted by the geotechnical engineer which shall include
appropriate explorations, such as borings or test pits, and an analysis of soil
characteristics conducted by or under the supervision of the engineer in
accordance with standards of the American Society of Testing and Materials
or other applicable standards. If the evaluation involves geologic evaluations
or interpretations, the report shall be reviewed and approved by a geotechnical
engineer.
D. Modifications or Waivers to Sensitive Area Study Requirements
1. The Director may limit the required geographic area of the sensitive area
study as appropriate if:
a. The applicant, with assistance from the city, cannot obtain permission
to access properties adjacent to the project area; or
b. The proposed activity will affect only a limited part of the site.
2. The Director may allow modifications to the required contents of the study
where, in the judgment of a qualified professional, more or less information is
required to adequately address the potential sensitive area impacts and
required mitigation.
3. If there is written agreement between the Director and the applicant
concerning the sensitive area classification and type, the Director may waive
the requirement for sensitive area studies provided that no adverse impacts to
sensitive areas or buffers will result. There must be substantial evidence that
the sensitive areas delineation and classification are correct, that there will be
no detrimental impact to the sensitive areas or buffers, and that the goals,
purposes, objectives and requirements of the Shoreline Management Program
will be followed.
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10.5 Procedures
When an applicant submits an application for any building permit, subdivision, short
subdivision or any other land use review that approves a use, development or future
construction, the location and dimensions of all sensitive areas and buffers on the site
shall be indicated on the plans submitted. When a sensitive area is identified, the
following procedures apply.
A. The applicant shall submit the relevant sensitive area study as required by this
chapter.
B. The Department of Community Development will review the information submitted
in the sensitive area studies to verify the information, confirm the nature and type of the
sensitive area, and ensure the study is consistent with the Shoreline Master Program. At
the discretion of the Director, sensitive area studies may undergo peer review, at the
expense of the applicant.
C. Denial of use or development: A use or development will be denied if the Director
determines that the applicant cannot ensure that potential dangers and costs to future
inhabitants of the development, adjacent properties, and Tukwila are minimized and
mitigated to an acceptable level.
D. Preconstruction meeting: The applicant, specialist(s) of record, contractor, and
department representatives will be required to attend pre construction meetings prior to
any work on the site.
E. Construction monitoring: The specialist(s) of record shall be retained to monitor the
site during construction.
F. On -site Identification: The Director may require the boundary between a sensitive
area and its buffer or between the buffer and the development and any development or
use to be permanently identified with fencing, or with a wood or metal sign with treated
wood, concrete or metal posts. Size will be determined at the time of permitting, and
wording shall be as follows: "Protection of this natural area is in your care.
Do not alter or disturb. Please call the City of Tukwila (206- 431 -3670) for more
information."
10.6 Wetland Determinations and Classifications
A. Wetlands and their boundaries are established by using the Washington State Wetland
and Delineation Manual, as required by RCW 36.70A.175 (Ecology Publication #96 -94)
and consistent with the 1987 Corps of Engineers Wetland Delineation Manual.
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B. Wetland determinations shall be made by a qualified professional (certified Wetland
Scientist or non certified with at least 2 years of full -time work experience as a wetland
professional).
C. Wetland areas within the City of Tukwila have certain characteristics, functions and
values 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 Washington State Functional Assessment
Method.
D. Wetlands shall be designated in accordance with the Washington State Wetlands
Rating System (Washington Department of Ecology, August 2004, Publication #93 -74)
as Category I, II, III, or IV as listed below:
1. Category I wetlands are those that a) represent a unique or rare wetland type;
or b) are more sensitive to disturbance than most wetlands; or c) are relatively
undisturbed and contain ecological attributes that are impossible to replace
within a human lifetime; or d) provide a high level of functions. The
following types of wetlands listed by Washington Department of Ecology and
potentially found in Tukwila's Shoreline Jurisdiction are Category I:
a. Estuarine wetlands (Estuarine wetlands are deepwater tidal habitats
with a range of fresh brackish marine water chemistry and daily tidal
cycles, salt and brackish marshes, intertidal mudflats, 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.
2. Category II wetlands are difficult, though not impossible, to replace, and
provide high levels of some functions. These wetlands occur more commonly
than Category I wetlands, but still need a relatively high level of protection.
Category II wetlands potentially in Tukwila's Shoreline Jurisdiction include:
a. Estuarine Wetlands Any estuarine wetland smaller than an acre, or
those that are disturbed and larger than 1 acre are category II wetlands.
b. Wetlands That Perform Functions Well Wetlands scoring between
51 -69 points (out of 100) on the questions related to the functions
present are Category II wetlands.
3. Category III wetlands have a moderate level of functions (scores between 30
50 points). Wetlands scoring between 30 -50 points generally have been
disturbed in some ways, and are often less diverse or more isolated from other
natural resources in the landscape than Category II wetlands.
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4. Category IV wetlands have the lowest levels of functions (scores less than 30
points) and are often heavily disturbed. While these are wetlands that should
be able to be replaced or improved, they still need protection because they
may provide some important functions. Any disturbance of these wetlands
must be considered on a case by case basis.
10.7 Watercourse Designation and Ratings
A. Watercourse ratings are based on the existing habitat functions and are rated as
follows:
1. Tyne 1 Watercourse: Watercourses inventoried as Shorelines of the State,
under RCW 90.58 (Green/Duwamish River).
2. Tvne 2 Watercourse: Those watercourses that have either perennial (year
round) or intermittent flows and support salmonid fish use.
3. Type 3 Watercourse: Those watercourses that have perennial flows and are
not used by salmonid fish.
4. Type 4 Watercourse: Those watercourses that have intermittent flows and are
not used by salmonid fish.
B. Watercourse sensitive area studies shall be perfoiined by a qualified professional
(hydrologist, geologist, engineer or other scientist with experience in preparing
watercourse assessments).
10.8 Fish and Wildlife Habitat Conservation Areas
A. Fish and wildlife habitat conservation areas within the shoreline jurisdiction include
the habitats listed below:
1. Areas with which endangered, threatened, and sensitive species have a
primary association;
2. Habitats and species of local importance, including but not limited to bald
eagle habitat, heron rookeries, osprey nesting areas;
3. Waters of the State (i.e., the Green Duwamish River itself);
4. State natural area preserves and natural resource conservation areas; and
5. Areas critical for habitat connectivity.
B. The approximate location and extent of known fish and wildlife habitat
conservation areas are identified in the Shoreline Inventory and Characterization Report
and are shown on the Sensitive Areas in the Shoreline Jurisdiction map Fish and
wildlife habitat conservation areas correlate closely with the areas identified as regulated
6 Note that only the salmon habitat enhancement project sites completed or underway
are shown as Fish and Wildlife Conservation Areas on the Sensitive Areas in the
Shoreline Jurisdiction Map. Streams are shown as watercourses. The river is not shown
as a Fish and Wildlife Habitat Conservation Area for the sake of simplicity.
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watercourses and wetlands and their buffers, as well as off channel habitat areas created
to improve salmon habitat (shown on the Sensitive Areas Map) in the Shoreline
jurisdiction. The Green/Duwamish River is recognized as the most significant fish and
wildlife habitat corridor. In addition Gilliam Creek, Riverton Creek, Southgate Creek,
Hamm Creek (in the north PAA), and Johnson Creek (South PAA) all provide salmonid
habitat.
10.9 Wetland Watercourse, and Fish and Wildlife Habitat Conservation Area
Buffers
A. Purpose and Intent of Buffer Establishment
1. A buffer area shall be established adjacent to designated sensitive areas. The
purpose of the buffer area shall be to protect the integrity, functions and
values of the sensitive areas. Any land alteration must be located out of the
buffer areas as required by this section.
2. Buffers are intended in general to:
a. Minimize long -term impacts of development on properties containing
sensitive areas;
b. Protect sensitive areas from adverse impacts during development;
c. Preserve the edges of wetlands and the banks of watercourses and fish
and wildlife habitat conservation areas for their critical habitat value;
d. Provide an area to stabilize banks, to absorb overflow during high
water events and to allow for slight variation of aquatic system
boundaries over time due to hydrologic or climatic effects;
e. Provide shading to watercourses and fish and wildlife habitat
conservation areas to maintain stable water temperatures and provide
vegetative cover for additional wildlife habitat;
f. Provide input of organic debris and nutrient transport in watercourses;
g. Reduce erosion and increased surface water runoff;
h. Reduce loss of or damage to property;
i. Intercept fine sediments from surface water runoff and serve to
minimize water quality impacts; and
j. Protect the sensitive area from human and domestic animal
disturbances.
C. Establishment of Buffer Widths
The following standard buffers shall be established:
1. Wetland buffers (measured from the wetland edge):
a. Categories I and II Wetlands; 100 foot buffer.
b. Category III Wetland; 80 -foot buffer.
c. Category IV Wetland; 50 -foot buffer.
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2. Watercourse buffers (measured from the Ordinary High Water Mark):
a. Type 1 Watercourse: The buffer width for the Green/Duwamish River
is established in the Shoreline Environment Designations of this SMP
for the three designated shoreline environments.
b. Type 2 Watercourse: 100- foot -wide buffer.
c. Type 3 Watercourse: 80- foot -wide buffer.
d. Type 4 Watercourse: 50- foot -wide buffer.
3. Fish and Wildlife Habitat Conservation Areas: the buffer will be the same as
the river buffer established for each Shoreline Environment measured from
the OHWM, unless an alternate buffer is established and approved at the time
a Fish and Wildlife Habitat restoration project is undertaken.
D. Sensitive Area Buffer Setbacks
All commercial and industrial buildings shall be set back 15 feet and all other
development shall be set back ten feet from the sensitive area buffer's edge. The building
setbacks shall be measured from the foundation to the buffer's edge. Building plans shall
also identify a 20 -foot area beyond the buffer setback within which the impacts of
development will be reviewed. The Director may waive setback requirements when a site
plan demonstrates there will be no adverse impacts to the buffer from construction or
occasional maintenance activities.
E. Reduction of Standard Buffer Width
Except for the Green/Duwamish River (Type 1 watercourse for which any variation in
the buffer shall be regulated under the shoreline provisions of this Program), the buffer
width may reduced on a case -by -case basis, provided the reduced buffer area does not
contain slopes 15% or greater. In no case shall the approved buffer width result in
greater than a 50% reduction in width. Buffer reduction with enhancement may be
allowed as part of a Substantial Development permit if:
1. Additional protection to wetlands or watercourses will be provided through
the implementation of a buffer enhancement plan;
2. The existing condition of the buffer is degraded;
3. Buffer enhancement includes, but is not limited to the following:
a. Planting vegetation that would increase value for fish and wildlife
habitat or improve water quality;
b. Enhancement of wildlife habitat by incorporating structures that are
likely to be used by wildlife, including wood duck boxes, bat boxes,
snags, root wads /stumps, birdhouses and heron nesting areas; or
c. Removing non native plant species and noxious weeds from the buffer
area and replanting the area.
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F. Increase in Standard Buffer Width
Buffers for sensitive areas will be increased when they are determined to be particularly
sensitive to disturbance or the proposed development will create unusually adverse
impacts. Any increase in the width of the buffer shall be required only after completion of
a sensitive areas study by a qualified biologist that documents the basis for such increased
width. An increase in buffer width may be appropriate when:
1. The development proposal has the demonstrated potential for significant
adverse impacts upon the sensitive area that can be mitigated by an increased
buffer width; or
2. The area serves as habitat for endangered, threatened, sensitive or monitor
species listed by the federal government or the State.
G. Maintenance of Vegetation in Buffers
Every reasonable effort shall be made to maintain any existing viable native plant life in
the buffers. Vegetation may be removed from the buffer as part of an enhancement plan
approved by the Director. Enhancements will ensure that slope stability and wetland or
watercourse quality will be maintained or improved. Any disturbance of the buffers shall
be replanted with a diverse plant community of native northwest species that are
appropriate for the specific site as determined by the Director. If the vegetation must be
removed, or because of the alterations of the landscape the vegetation becomes damaged
or dies, then the applicant for a permit must replace existing vegetation with comparable
specimens, approved by the Director, which will restore buffer functions within five
years.
10.10 Areas of Potential Geoloeic Instability
A. Classification
Areas of potential geologic instability are classified as follows:
1. Class 1 area, where landslide potential is low, and which slope is less than
15%;
2. Class 2 areas, where landslide potential is moderate, which slope is between
15% and 40 and which are underlain by relatively permeable soils;
3. Class 3 areas, where landslide potential is high, which include areas sloping
between 15% and 40 and which are underlain by relatively impermeable
soils or by bedrock, and which also include all areas sloping more steeply than
40
4. Class 4 areas, where landslide potential is very high, which include sloping
areas with mappable zones of groundwater seepage, and which also include
existing mappable landslide deposits regardless of slope.
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B. Exemptions
The following areas are exempt from regulation as geologically hazardous areas:
1. Temporary stockpiles of topsoil, gravel, beauty bark or other similar
landscaping or construction materials;
2. Slopes related to materials used as an engineered pre -load for a building pad;
3. Any temporary slope that has been created through legal grading activities
under an approved permit may be re- graded.
4. Roadway embankments within right -of -way or road easements; and
5. Slopes retained by approved engineered structures, except riverbank structures
and armoring.
C. Geotechnical Study Required
1. Development or alterations to areas of potential geologic instability that form
the river banks shall be governed by the policies and requirements of the
Shoreline Stabilization section of this SMP. Development proposals on all
other lands containing or threatened by an area of potential geologic
instability Class 2 or higher shall be subject to a geotechnical study. The
geotechnical report shall analyze and make recommendations on the need for
and width of any setbacks or buffers necessary to insure slope stability
Development proposals shall then include the buffer distances as defined
within the geotechnical report. The geotechnical study shall be performed by
a qualified professional geotechnical engineer, licensed in the State of
Washington.
2. Prior to permitting alteration of an area of potential geologic instability, the
applicant must demonstrate one of the following:
a. There is no evidence of past instability or earth movement in the
vicinity of the proposed development, and where appropriate,
quantitative analysis of slope stability indicates no significant risk to
the proposed development or surrounding properties; or
b. The area of potential geologic instability can be modified or the
project can be designed so that any potential impact to the project and
surrounding properties is eliminated, slope stability is not decreased,
and the increase in surface water discharge or sedimentation shall not
decrease slope stability.
D. Buffers for Areas of Potential Geologic Instability
1. Buffers are intended to:
a. Minimize long -term impacts of development on properties containing
sensitive areas;
b. Protect sensitive areas from adverse impacts during development;
c. Prevent loading of potentially unstable slope formations;
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d. Protect slope stability;
e. Provide erosion control and attenuation of precipitation, surface water
and storm water runoff;
f. Reduce loss of or damage to property; and
g. Prevent the need for future shoreline armoring.
2. Buffers may be increased by the Director when an area is determined to be
particularly sensitive to the disturbance created by a development. Such a
decision will be based on a City review of the report as prepared by a
qualified geotechnical engineer and by a site visit.
E. Additional Requirements
1. Where any portion of an area of potential geologic instability is cleared for
development, a landscaping plan for the site shall include tree replanting in
accordance with the Vegetation Protection and Landscaping chapter of this
SMP. Vegetation shall be sufficient to provide erosion and stabilization
protection.
2. It shall be the responsibility of the applicant to submit, consistent with the
findings of the geotechnical report, structural plans which were prepared and
stamped by a structural engineer. The plans and specifications shall be
accompanied by a letter from the geotechnical engineer who prepared the
geotechnical report stating that in his/her judgment, the plans and
specifications conform to the recommendations in the geotechnical report; the
risk of damage to the proposed development site from soil instability will be
minimal subject to the conditions set forth in the report; and the proposed
development will not increase the potential for soil movement.
3. Further recommendations signed and sealed by the geotechnical engineer shall
be provided should there be additions or exceptions to the original
recommendations based on the plans, site conditions or other supporting data.
If the geotechnical engineer who reviews the plans and specifications is not
the same engineer who prepared the geotechnical report, the new engineer
shall, in a letter to the City accompanying the plans and specifications, express
his or her agreement or disagreement with the recommendations in the
geotechnical report and state that the plans and specifications conform to his
or her recommendations.
4. The architect or structural engineer shall submit to the City, with the plans and
specifications, a letter or notation on the design drawings at the time of permit
application stating that he or she has reviewed the geotechnical report,
understands its recommendations, has explained or has had explained to the
owner the risks of loss due to slides on the site, and has incorporated into the
design the recommendations of the report and established measures to reduce
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the potential risk of injury or damage that might be caused by any earth
movement predicted in the report.
5. The owner shall execute a Sensitive Areas Covenant and Hold Harmless
Agreement running with the land, on a form provided by the City. The City
will file the completed covenant with the King County Department of Records
and Elections at the expense of the applicant or owner. A copy of the recorded
covenant will be forwarded to the owner.
6. Whenever the City determines that the public interest would not be served by
the issuance of a permit in an area of potential geologic instability without
assurance of a means of providing for restoration of areas disturbed by, and
repair of property damage caused by, slides arising out of or occurring during
construction, the Director may require assurance devices.
7. Where recommended by the geotechnical report, the applicant shall retain a
geotechnical engineer (preferably retain the geotechnical engineer who
prepared the final geotechnical recommendations and reviewed the plans and
specifications) to monitor the site during construction... If a different
geotechnical engineer is retained, the new geotechnical engineer shall submit
a letter to the City stating whether or not he /she agrees with the opinions and
recommendations of the original study. Further recommendations, signed and
sealed by the geotechnical engineer, and supporting data shall be provided
should there be exceptions to the original recommendations.
8. During construction the geotechnical engineer shall monitor compliance with
the recommendations in the geotechnical report, particularly site excavation,
shoring, soil support for foundations including piles, subdrainage installations,
soil compaction and any other geotechnical aspects of the construction. Unless
otherwise approved by the City, the specific recommendations contained in
the soils report must be implemented. The geotechnical engineer shall provide
to the City written, dated monitoring reports on the progress of the
construction at such timely intervals as shall be specified. Omissions or
deviations from the approved plans and specifications shall be immediately
reported to the City. The final construction monitoring report shall contain a
statement from the geotechnical engineer that, based upon his or her
professional opinion, site observations and testing during the monitoring of
the construction, the completed development substantially complies with the
recommendations in the geotechnical report and with all geotechnical- related
permit requirements. Occupancy of the project will not be approved until the
report has been reviewed and accepted by the Director.
9. Substantial weight shall be given to ensuring continued slope stability and the
resulting public health, safety and welfare in determining whether a
development should be allowed.
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10. The City may impose conditions that address site -work problems which could
include, but are not limited to, limiting all excavation and drainage installation
to the dry season, or sequencing activities such as installing erosion control
and drainage systems well in advance of construction. A permit will be denied
if it is determined by the Director that the development will increase the
potential of soil movement that results in an unacceptable risk of damage to
the proposed development, its site or adjacent properties.
10.11 Sensitive Areas Permitted Uses and Alterations.
A. General Sensitive Areas Permitted Uses
1. All uses permitted in the Shoreline Jurisdiction Buffers are allowed in
sensitive area buffers within the jurisdiction except:
a. Promenades
b. Recreational structures
c. Public pedestrian bridges
d. Vehicle bridges
e. New utilities
f. Plaza connectors
g. Water dependent uses and their structures
h. Essential streets, roads and rights of way
i. Essential public facilities
j. Outdoor storage
2. In addition, the following uses are allowed:
a. Maintenance activities of existing landscaping and gardens in a
sensitive area buffer including but not limited to mowing lawns,
weeding, harvesting and replanting of garden crops and pruning and
planting of vegetation. The removal of established native trees and
shrubs is not permitted. Herbicide use in sensitive areas or their
buffers is not allowed without written permission of the City.
b. Vegetation maintenance as part of sensitive area enhancement,
creation or restoration. Herbicide use in sensitive areas or their buffers
is not allowed without written permission of the City.
B. Uses Requiring a Type II permit
1. Maintenance and repair of existing uses and facilities where alteration or
additional fill materials will be placed or heavy construction equipment used.
2. Construction of new essential streets and roads, rights -of -way and utilities.
3. New surface water discharges to sensitive areas or their buffers from detention
facilities, pre- settlement ponds or other surface water management structures
may be allowed provided that the discharge meets the clean water standards of
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RCW 90.48 and WAC 173.200 and 173.201 as amended, and does not
adversely affect water level fluctuations in the wetland or adversely affect
watercourse habitat and watercourse flow conditions relative to the existing
rate.
4. Plaza connectors
5. Essential public facilities
6. Overwater structures
7. Recreation structures
C. Conditional Uses
Dredging, where necessary to remediate contaminated sediments, if adverse impacts are
mitigated.
D. Wetland Alterations.
Alterations to wetlands are discouraged, are limited to the minimum necessary for project
feasibility, and must have an approved mitigation plan developed in accordance with the
standards in this chapter.
1. Mitigation for wetlands shall follow the mitigation sequencing steps in this
chapter and may include the following types of actions:
a. Creation the manipulation of the physical, chemical or biological
characteristics to develop a wetland on an upland or deepwater site,
where a biological wetland did not previously exist;
b. Re- establishment the manipulation of the physical, chemical or
biological characteristics of a site with the goal of restoring wetland
functions to a former wetland, resulting in a net increase in wetland
acres and functions;
c. Rehabilitation the manipulation of the physical, chemical, or
biological characteristics with the goal of repairing historic functions
and processes of a degraded wetland, resulting in a gain in wetland
function but not acreage;
d Enhancement the manipulation of the physical, chemical or
biological characteristics to heighten, intensify, or improve specific
functions (such as vegetation) or to change the growth stage or
composition of the vegetation present, resulting in a change in wetland
functions but not in a gain in wetland acreage; or
e. A combination of the three types.
2. Allowed alterations per wetland type and mitigation ratios are as follows:
a. Alterations are not permitted to Category I or 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, 4:1 for rehabilitation, and 6:1 for enhancement.
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b. 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.
c... 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 or
enhancement.
d. 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.
D. Watercourse Alterations
All impacts to a watercourse that degrade the functions and values of the watercourse
shall be avoided. If alternation to the watercourse is unavoidable, all adverse impacts
shall be mitigated in accordance with the approved mitigation plan as described in this
chapter. Mitigation shall take place on -site or as close as possible to the impact location,
and compensation shall be at a minimuml:1 ratio. Any mitigation shall result in
improved watercourse functions over existing conditions.
1. Diverting or rerouting may only occur with the permission of the Director and
an approved mitigation plan. Any watercourse that has critical wildlife habitat
or is necessary for the life cycle or spawning of salmonids, shall not be
rerouted, unless it can be shown that the habitat will be improved for the
benefit of the species. A watercourse may be rerouted or day lighted as a
mitigation measure to improve watercourse function.
2. Piping of any watercourse should be avoided. Relocation of a watercourse is
preferred to piping; if piping occurs in a watercourse sensitive area, it shall be
limited and shall require approval of the Director. Piping of Type 1
watercourses shall not be permitted. Piping may be allowed in Type 2, 3 or 4
watercourses if it is necessary for access purposes. Piping may be allowed in
Type 4 watercourses if the watercourse has a degraded buffer, is located in a
highly developed area and does not provide shade, temperature control etc. for
habitat. The applicant must comply with the conditions of this section,
including: providing excess capacity to meet needs of the system during a
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100 -year flood event; and providing flow restrictors, and complying with
water quality and existing habitat enhancement procedures.
3. No process that requires maintenance on a regular basis will be acceptable
unless this maintenance process is part of the regular and normal facilities
maintenance process or unless the applicant can show funding for this
maintenance is ensured for as long as the use remains.
4. Piping projects shall be performed pursuant to the following applicable
standards:
a. The conveyance system shall be designed to comply with the standards
in current use and recommended by the Department of Public Works.
b. Where allowed, piping shall be limited to the shortest length possible
as determined by the Director to allow access onto a property.
c. Where water is piped for an access point, those driveways or entrances
shall be consolidated to serve multiple properties where possible, and
to minimize the length of piping.
d. When required by the Director, watercourses under drivable surfaces
shall be contained in an arch culvert using oversize or super span
culverts for rebuilding of a streambed. These shall be provided with
check dams to reduce flows, and shall be replanted and enhanced
according to a plan approved by the Director.
e. All watercourse crossing shall be designed to accommodate fish
passage. Watercourse crossings shall not block fish passage where the
streams are fish bearing.
f. Storm water runoff shall be detained and infiltrated to preserve the
watercourse channel's dominant discharge.
g. All construction shall be designed to have the least adverse impact on
the watercourse, buffer and surrounding environment.
h. Piping shall be constructed during periods of low flow, or as allowed
by the State Department of Fish and Wildlife.
i. Water quality must be as good or better for any water exiting the pipe
as for the water entering the pipe, and flow must be comparable.
E. Fish and Wildlife Conservation Area Alterations
Alterations to the Green/Duwamish River are regulated by the shoreline provisions of this
SMP. Alterations to Fish and Wildlife Conservation Areas that have been created as
restoration or habitat enhancement sites and that are shown on the Sensitive Areas in the
Shoreline Jurisdiction Map are prohibited and may only be authorized through a shoreline
variance procedure.
10.12 Sensitive Areas Miti>ation
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
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accordance with mitigation sequencing and the established mitigation ratios. The
mitigation plan shall be developed as part of a sensitive area study by a qualified
specialist.
A. Mitigation Sequencing.
Applicants shall demonstrate that reasonable efforts have been examined with the intent
to avoid and minimize impacts to sensitive areas and buffers. When an alteration to a
sensitive area or its required buffer is proposed, such alteration shall be avoided,
minimized or compensated for in the following order of preference:
1. Avoidance of sensitive area and buffer impacts, whether by finding another
site or changing the location of the proposed activity on -site;
2. Minimizing sensitive area and buffer impacts by limiting the degree of impact
on site;
3. Mitigation actions that require compensation by replacing, enhancing, or
substitution.
B. Criteria for Approval of Alterations and Mitigation
Alterations and mitigation plans are subject to Director approval, and may be approved
only if the following findings are made:
1. The alteration will not adversely affect water quality;
2. The alteration will not adversely affect fish, wildlife, or their habitat;
3. The alteration will not have an adverse effect on drainage and /or stormwater
detention capabilities;
4. The alteration will not lead to unstable earth conditions or create an erosion
hazard or contribute to scouring actions;
5. The alteration will not be materially detrimental to any other property; and
6. The alteration will not have adverse effects on any other sensitive areas or the
shoreline.
7. The mitigation will result in improved functions such as water quality, erosion
control, wildlife and fish habitat.
C. Mitigation Location
1. On -site mitigation shall be provided, except where it can be demonstrated
that:
a. On -site mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors; or
b. Mitigation is not practical due to potentially adverse impacts from
surrounding land uses; or
c. Existing functional values created at the site of the proposed
restoration are significantly greater than lost sensitive area functions;
or
d. Established regional goals for flood storage, flood conveyance, habitat
or other sensitive area functions have been established and strongly
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justify location of mitigation at another site.
2. Off -site mitigation shall occur within the shoreline jurisdiction in a location
where the sensitive area functions can be restored. Buffer impacts must be
mitigated at or as close as possible to the location of the impact.
3. Wetland creation, relocation of a watercourse, or creation of a new fish and
wildlife habitat shall not result in the new sensitive area or buffer extending
beyond the development site and onto adjacent property without the
agreement of the affected property owners, unless otherwise exempted by this
Shoreline Master Program.
D. Mitigation Plan Content and Standards
The scope and content of a mitigation plan shall be decided on a case -by -case basis. As
the impacts to the sensitive area increase, the mitigation measures to offset these impacts
will increase in number and complexity. The minimum components of a complete
mitigation plan are listed below. For wetland mitigation plans, the format should follow
that established in Wetland Mitigation in Washington State, Part 2 Developing
Mitigation Plans (Washington Department of Ecology, Corps of Engineers, EPA, March
2006, as amended).
1. Baseline information of quantitative data collection or a review and synthesis
of existing data for both the project impact zone and the proposed mitigation
site.
2. Environmental goals and objectives that describe the purposes of the
mitigation measures. This should include a description of site selection
criteria, identification of target evaluation species, and resource functions.
3. Performance standards for the specific criteria for fulfilling environmental
goals, and for beginning remedial action or contingency measures. They may
include water quality standards, species richness and diversity targets, habitat
diversity indices, or other ecological, geological or hydrological criteria. The
following shall be considered the minimum performance standards for
approved sensitive area alterations:
a. Sensitive area functions and improved habitat for fish and wildlife are
improved over those of the original conditions.
b. Hydrologic conditions, hydroperiods and watercourse channels are
improved over existing conditions and the specific performance
standards specified in the approved mitigation plan are achieved.
e. Acreage requirements for enhancement or creation are met.
f. Vegetation native to the Pacific Northwest is installed and vegetation
survival and coverage standards over time are met and maintained.
g. Buffer and bank conditions and functions exceed the original state.
h. Stream channel habitat and dimensions are maintained or improved
such that the fisheries habitat functions of the compensatory stream
reach meet or exceed that of the original stream.
4. A detailed construction plan of the written specifications and descriptions of
mitigation techniques. This plan should include the proposed construction
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sequence and construction management, and be accompanied by detailed site
diagrams and blueprints that are an integral requirement of any development
proposal.
5. Monitoring and /or evaluation program that outlines the approach and
frequency for assessing progress of the completed project. An outline shall be
included that spells out how the monitoring data will be evaluated and
reported.
6. Maintenance plan that outlines the activities and frequency of maintenance to
ensure compliance with performance standards.
7. Contingency plan identifying potential courses of action and any corrective
measures to be taken when monitoring or evaluation indicates project
performance standards have not been met.
8. Performance security or other assurance devices.
E. Mitigation Timing
1. Mitigation projects shall be completed prior to activities that will permanently
disturb sensitive areas or their buffers and either prior to or immediately after
activities that will temporarily disturb sensitive areas.
2. Construction of mitigation projects shall be timed to reduce impacts to
existing wildlife, flora and water quality, and shall be completed prior to use
or occupancy of the activity or development. The Director may allow
activities that permanently disturb wetlands or watercourses prior to
implementation of the mitigation plan under the following circumstances:
a. To allow planting or re- vegetation to occur during optimal weather
conditions;
b. To avoid disturbance during critical wildlife periods; or
c. To account for unique site constraints that dictate construction timing
or phasing.
3. Monitoring of buffer alterations shall be required for three to five years. All
other alterations shall be monitored for minimum of five years.
F. Corrective Actions and Monitoring
The Director shall require subsequent corrective actions and long -term monitoring of the
project if adverse impacts to regulated sensitive areas or their buffers are identified.
G. Recording
The property owner receiving approval of a use or development pursuant to the Shoreline
Master Program shall record the City- approved site plan clearly delineating the sensitive
area and its buffer with the King County Division of Records and Elections. The face of
the site plan must include a statement that the provisions of this Chapter, as of the
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effective date of the ordinance from which the Shoreline Management Program derives or
thereafter amended, control use and development of the subject property, and provide for
any responsibility of the latent defects or deficiencies.
H. Assurance Device
1. The Director may require a letter of credit or other security device acceptable
to the City, to guarantee performance and maintenance requirements. All
assurances shall be on a form approved by the City Attorney.
2. When alteration of a sensitive area is approved, the Director may require an
assurance device, on a form approved by the City Attorney, to cover the
monitoring costs and correction of possible deficiencies for the term of the
approved monitoring and maintenance program. 3. The assurance device
shall be released by the Director upon receipt of written confirmation
submitted to the Department from the applicant's qualified professional that
the mitigation or restoration has met its performance standards and is
successfully established. Should the mitigation or restoration meet
performance standards and be successfully established in the third or fourth
year of monitoring, the City may release the assurance device early. The
assurance device may be held for a longer period, if at the end of the
monitoring period, the performance standards have not been met or the
mitigation has not been successfully established.
3. Release of the security does not absolve the property owner of responsibility
for maintenance or correcting latent defects or deficiencies or other duties
under law.
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11. PUBLIC ACCESS TO THE SHORELINE
Public access to the shorelines of the state is one of the key goals of the Shoreline
Management Act of the seven uses identified in RCW 90.58.020 as having preference
in the shoreline, two relate to public access and recreational opportunities along the
shoreline.
The City of Tukwila is fortunate to have a number of public access sites already along the
Green/Duwamish River in addition to the Green River Trail, which runs along almost the
entire length of the river through the City. Other public access points are available at the
North Winds Wier, the Tukwila Community Center, Codiga Park, Bicentennial Park at
Strander Boulevard and parking available on Christianson Road and at S. 180 Street. A
future habitat restoration project is planned at Duwamish Riverbend Hill, on South 115
Street, which will also include public access to the river. The Public Access Map (Map 6)
identifies several street ends that could be improved or to which amenities could be added
that would offer opportunities for neighborhood access to the river and/or the Green
River Trail.
The Shoreline Public Access Map identifies several potential trail sites on the river to
supplement the existing Green River trail system. The largest stretch of potential trail
runs from S. 180 on the left bank to the end of south annexation area. A pedestrian
bridge to link the area south of S. 180 Street to the existing trail on the right bank is
being discussed as well. A second area where improvement is needed in public access
relates to boat launches for small hand launched boats. Several potential sites have been
identified in the Tukwila Parks Department Capital Improvement Program to address this
need at City -owned sites.
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11.1 Applicability
A. Public access to or along the shoreline as described in Section 11 shall be provided on
all property that abuts the Green/Duwamish River shoreline in accordance with this
section as further discussed below where any of the following conditions are present.
1. Where a development or use will create increased demand for public access to
the shoreline, the development or use shall provide public access to mitigate
this impact.
2. Where a development or use will interfere with an existing public access way,
the development or use shall provide public access to mitigate this impact.
Impacts to public access may include blocking access or discouraging use of
existing on -site or nearby accesses.
3. Where a use or development will interfere with a public use of lands or waters
subject to the public trust doctrine, the development shall provide public
access to mitigate this impact.
4. Where the development is proposed by a public entity or on public lands.
5. Where identified on the Shoreline Public Access Map.
For the purposes of this section, an "increase in demand for public access" is determined
by evaluating whether the development reflects an increase in the land use intensity, for
example converting a warehouse to office or retail use, or a significant increase in the
square footage of an existing building. A significant increase is defined as an increase of
3,000 square feet. The extent of public access required will be proportional to the amount
of increase in the demand for public access. For smaller projects, the Director will
review the intent of this section and the scope of the project to determine a reasonable
amount of public access to be carried out. Depending on the amount of increase, the
project may utilize the alternative provisions for meeting public access in Section 11.6.C.
The terms and conditions of Section 11.1 and 11.2 shall be deemed satisfied if the
applicant and the City agree upon a master trail plan providing for public paths and trails
within a parcel or group of parcels.
B. The provisions of this section do not apply to the following:
1. Short plats of four or fewer lots;
2. Where providing such access would cause unavoidable health or safety
hazards;
3. Where providing such access would create inherent and unavoidable security
problems; or
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4. Where providing such access would cause significant ecological impacts that
cannot be mitigated.
For items 2 -4 above, to qualify for an exemption, the procedures in 11.6 must be met.
11.2 General Standards
A. To improve public access to the Green/Duwamish River, sites shall be designed to
provide:
1. Safe, visible and accessible pedestrian and non motorized vehicle connections
between proposed development and the river's edge particularly when the site
is adjacent to the Green River Trail or other approved trail system; and
2. Public pathway entrances that are clearly visible from the street edge; and
3. Clearly identified pathways that are separate from vehicular circulation areas.
This may be accomplished through the use of special paving materials such as
precast pavers, bomonite, changes in color or distinct and detailed scoring
patterns and textures.
4. Site elements that are organized to clearly distinguish between public and
private access and circulation systems.
B. Required public access shall be fully developed and available for public use at the
time of occupancy in accordance with development permit conditions except where the
decision maker determines an appropriate mechanism for delayed public access
implementation is necessary for practical reasons. Where appropriate, a bond or cash
assignment may be approved, on review and approval by the Director of Community
Development, to extend this requirement for 90 days from the date the Certificate of
Occupancy is issued.
C. Public access easements and related permit conditions shall be recorded on the deed
of title or the face of the plat, short plat or approved site plan as a condition tied to the use
of the land. Recording with the County shall occur prior to the issuance of an Occupancy
Permit or final plat approval. Upon redevelopment of such a site, the easement may be
relocated to facilitate the continued public access to the shoreline.
D. Approved signs indicating the public's right of access and hours of access, if
restricted, shall be constructed, installed and maintained by the applicant in conspicuous
locations at public access sites. Signs should be designed to distinguish between public
and private areas. Signs controlling or restricting public access may be approved as a
condition of permit approval.
E. Required access must be maintained throughout the life of the project.
F. Public access features shall be separated from residential uses through the use of
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setbacks, low walls, berms, landscaping, or other device of a scale and materials
appropriate to the site.
G Shared public access between developments is encouraged. Where access is to be
shared between adjacent developments, the minimum width for the individual access
easement may be reduced; provided that the total width of easements contributed by each
adjacent development equals a width that complies with Fire Department requirements
and/or exceeds the minimum for an individual access.
H. Public access sites shall be connected directly to the nearest public area (e.g., street,
public park, or adjoining public access easement). Where connections are not currently
possible, the site shall be designed to accommodate logical future connections.
11.3 Requirements for Shoreline Trails
A. Development on Properties Abutting Existing Green River Trail
Development on properties abutting the existing trail shall upgrade the trail along the
property frontage to meet the standards of a 14 foot wide trail with 2 foot shoulders on
each side.
B. Development on Properties Where New Trails are Planned
An 18 -foot wide trail easement dedicated to the City for public access along the river
shall be provided in areas identified for new shoreline trail segments (Shoreline Public
Access Map, Map7).
11.4 Publicly -Owned Shorelines
A. Shoreline development by any public entities, including but not limited to the City of
Tukwila, King County, port districts, state agencies, or public utility districts, shall
include public access measures as part of each development project, unless such access is
shown to be incompatible due to reasons of safety, security, impact to the shoreline
environment or other provisions listed in this section.
B. The following requirements apply to street ends and City -owned property adjacent to
the River, as shown in Public Access Map, Map 7.
1. Public right -of -way and "road- ends," or portions thereof, shall not be vacated
and shall be maintained for future public access.
2. Unimproved right -of -ways and portions of right -of -ways, such as street ends
and turn-outs, shall be dedicated to public access uses until such time as the
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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.
3. City -owned facilities within the Shoreline Jurisdiction shall provide new
trails and trail connections to the Green River Trail in accordance with
approved plans and this SMP.
4. All City -owned recreational facilities within the shoreline jurisdiction, unless
qualifying for an exemption as specified in this Chapter, shall make adequate
provisions for
a. Non motorized and pedestrian access;
b. The prevention of trespass onto adjacent properties through
landscaping, fencing or other appropriate measures;
c. Signage indicating the public right -of -way to shoreline areas; and
d. Mechanisms to prevent environmental degradation of the shoreline
from public use.
11.5 Public Access Incentives
A. The minimum yard setback for buildings, uses, utilities or development from non
riverfront lot lines may be reduced as follows:
1. Where development provides a public access corridor between off -site areas,
or public shoreline areas to public shoreline areas, one side yard may be
reduced to a zero lot line placement; or
2. Where development provides additional public access area(s) equal in area to
at least 2.5% of total building area, the front yard (the landward side of the
development) may be reduced by 50 percent.
B. The maximum height for structures may be increased by 15% when:
1. Development devotes at least 5% of its building or land area to public
shoreline access; or
2. Development devotes at least 10% of its land area to employee shoreline
access.
C. The maximum height for structures may be increased by a maximum of 25% when:
1. One of the criteria under 11.5 B. is met; and
2. The applicant restores or enhances the entire shoreline buffer, including but
not limited to paved areas no longer in use on the property to offset the impact of
the increase in height. Buffer restoration/enhancement projects undertaken to
meet the requirements at 11.6 C. are not eligible for this incentive.
3. No combination of incentives from 11.5 B, 11.5 C or 9.3 C may be used to
gain more than a 25% height increase.
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D. The maximum height for structures may be increased to the height permitted in the
underlying zoning district for properties that construct a 14' wide paved trail with a two
foot wide shoulder on each side for public access along the river in areas identified for
new shoreline trail segments, or where, in the case of properties containing or abutting
existing public access trails, the existing trail either meets the standard of a 14 foot wide
trail with two foot shoulders on either side or the property owner provides any necessary
easements and improvements to upgrade the existing trail to that standard along the
property frontage.
11.6 Exemptions from Provision of On -Site Public Access
A. Requirements for providing on -site general public access, as distinguished from
employee access, will not apply if the applicant can demonstrate one or more of the
following:
1. Unavoidable health or safety hazards to the public exist related to the primary
use that cannot be prevented by any practical means;
2 Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions;
3. The cost of providing the access, easement or other public amenity on or off
the development site is unreasonably disproportionate to the total long -term
cost of the proposed development.
4. Unavoidable environmental harm or net loss of shoreline ecological functions
that cannot be adequately mitigated will result from the public access.
5. Access is not feasible due to the configuration of existing parcels and
structures, such that access areas are blocked in a way that cannot be remedied
reasonably by the proposed development.
6. Significant undue and unavoidable conflict between the proposed access and
adjacent uses would occur and cannot be mitigated.
7. Space is needed for water dependent uses or navigation.
B. In order to meet any of the above referenced conditions, the applicant must first
demonstrate, and the City determine in its findings that all reasonable alternatives have
been exhausted, including but not limited to:
1. Regulating access by such means as maintaining a gate and/or limiting hours
of use;
2. Designing separation of uses and activities through fencing, terracing, hedges
or other design features; or
3. Providing access on a site geographically separate from the proposal such as a
street end cannot be accomplished.
C. If the above conditions are demonstrated, and the proposed development is not
subject to the Parks Impact Fee, alternative provisions for meeting public access are
required and include:
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1. Development of public access at an adjacent street end;
2. Protection through easement or setbacks of landmarks, unique natural
features or other areas valuable for their interpretive potential
3. Contribution of materials and/or labor, toward shoreline projects identified
in the Parks and Recreation Master Plan, the Shoreline Restoration Plan, or
other City adopted plan; or
4. At the Director's discretion, the applicant may provide
restoration/enhancement of the shoreline jurisdiction to a scale commensurate
with the foregone public access in lieu of public access.
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12. SHORELINE DESIGN GUIDELINES
The Green/Duwamish River is an amenity that should be valued and celebrated when
designing projects that will be located along its length. If any portion of a project falls
within the shoreline jurisdiction, then the entire project will be reviewed under these
guidelines as well as the relevant sections of the Design Review Chapter of the Zoning
Code (TMC 18.60). The standards of TMC Chapter 18.60 shall guide the type of review,
whether administrative or by the Board of Architectural Review.
The following standards apply to development, uses and activities in the Urban
Conservancy and High Intensity Environments and non residential development in the
Shoreline Residential Environment.
12.1 Relationship of Structure to Site
Development within the shoreline jurisdiction shall demonstrate compliance with the
following:
A. Respect and reflect the shape of the shoreline;
B. Orient building elements to site such that public river access, both visual and physical
is enhanced;
C. Orient buildings to allow for casual observation of pedestrian and trail activity from
interior spaces;
D. Site and orient buildings to provide maximum views from building interiors toward
the river and the shoreline;
E. Orient public use areas and private amenities to the river;
F. Clearly allocate spaces, accommodating parking, vehicular circulation and buildings
to preserve existing stands of vegetation or trees so that natural areas can be set aside,
improved, or integrated into site organization and planning;
G. Clearly define and separate public from non public spaces with the use of paving,
signage, and landscaping.
12.2 Building Design
Development within the shoreline jurisdiction shall demonstrate compliance with the
following:
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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.
12.3 Design of Public Access
Development within the shoreline jurisdiction shall demonstrate compliance with the
following:
A. Public access shall be barrier free, where feasible, and designed consistent with the
Americans with Disabilities Act.
B. Public access landscape design shall use native vegetation, in accordance with the
standards in the Vegetation Protection and Landscaping Section. Additional landscape
features may be required where desirable to provide public /private space separation and
screening of utility, service and parking areas.
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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.
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13. SHORELINE RESTORATION
The Shoreline Restoration Plan, found in Appendix B, identifies the sites that have been
identified to -date as possible locations for habitat restoration along the Green/Duwamish
River. The City will continue to add sites to the Restoration Plan as they are identified
and will include them in the City's Capital Improvement Program for acquisition and
improvement. Project sites in the Transition Zone have the highest priority for
acquisition. Amendments or revisions to the Restoration Plan do not require an
amendment to the Shoreline Master Program.
13.1 Shoreline Substantial Development Permit Not Required
Shoreline restoration projects shall be allowed without a Shoreline Substantial
Development Permit when these projects meet the criteria established by WAC 173-27
040(o) and (p) and H.B. 2199.
13.2 Changes in Shoreline Jurisdiction due to Restoration
Relief may be granted from shoreline master program standards and use regulations in
cases where shoreline restoration projects result in a change in the location of the OHWM
and associated shoreline jurisdiction on the subject property and/or adjacent properties
and where application of shoreline master program regulations would preclude or
interfere with the uses permitted by the underlying zoning, thus presenting a hardship to
the project proponent.
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A. Applications for relief, as specified on subsection B below must meet the
following criteria:
1. The proposed relief is the minimum necessary to relieve the hardship;
2. After granting the proposed relief', there is net environmental benefit from
the restoration project; and
3. Granting the proposed relief is consistent with the objectives of the
shoreline restoration project and with the shoreline master program.
Where a shoreline restoration project is created as mitigation to obtain a
development permit, the project proponent required to perform the mitigation is
not eligible for relief under the provisions of this section.
B. The portion of property that moves from outside shoreline jurisdiction to inside
shoreline jurisdiction as a result of the shoreline restoration project:
1. may be developed for the full range of uses of the underlying zoning
consistent with the zoning code, including uses that are not water
oriented;
2. is not required to obtain a shoreline substantial development permit;
3. is not subject to the SMP provisions for public access;
4. may be developed for the full range of uses of the underlying zoning is
not subject to shoreline design review; and
5. is not subject to the development standards set forth in this Program,
except as set forth in Section 13.2 C.
The intent of the exemptions identified in A 1 -4 is to implement the restoration projects
of the Shoreline Master Program Restoration Plan, which reflect the projects identified in
the Water Resource Inventory (WRIA) 9 Plan pursuant to Policy 5.2 of this Master
Program. Projects will continue to be added to the Restoration Plan as they are
identified.
C. Consistent with the provisions of subsection A. above, the Shoreline Residential
Environment Buffer, High Intensity or Urban Conservancy Environment Buffer width
may be reduced to no less than 25 feet measured from the new location of the OHWM for
the portion of the property that moves from outside the shoreline jurisdiction to inside
shoreline jurisdiction as a result of the shoreline restoration project, subject to the
following standards:
1. The 25 foot buffer area must be vegetated according to the requirements of the
Vegetation Protection and Landscaping Section or as otherwise approved by
the City; and
2. The proponents of the restoration project are responsible for the installation
and maintenance of the vegetation.
D. The habitat restoration project proponents must record with King County a survey
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that identifies the location of the OHWM location prior to implementation of the
shoreline restoration project, any properties and structures that fall within the shoreline
jurisdiction and the new location of the OHWM once construction of the shoreline
restoration project is completed and any properties that are brought under shoreline
jurisdiction due to the restoration project. As the location of the OHWM is not static, it
may be necessary for future projects to re- survey the location of the OHWM.
D. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and
Washington State Department of Fish and Wildlife approvals as well as written approval
from the City.
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14. ADMINISTRATION
The Administrative procedures below are designed to:
Assign responsibilities for implementation of the Master Program and
Shoreline Permit
Establish an orderly process by which to review proposals and permit
applications
Ensure that all persons affected by this Master Program are treated in a fair
and equitable manner
14.1 Applicability of Shoreline Master Proeram and Substantial Development
Permit
A. Development in the Shoreline Jurisdiction
Based on guidelines in the Shoreline Management Act for a minimum shoreline
jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows:
B. Applicability
The Tukwila Shoreline Jurisdiction includes the channel of the
Green /Duwamish River, its banks, the upland area which extends
from the ordinary high water mark landward for 200 feet on each
side of the river, floodways and all associated wetlands within its
floodplain. The floodway shall not include those lands that have
historically been protected by flood control devices and therefore
have not been subject to flooding with reasonable regularity.
The Tukwila Shoreline Master Program applies to uses, change of uses, activities or
development that occurs within the above defined Shoreline jurisdiction. All proposed
uses and development occurring within the shoreline jurisdiction must conform to chapter
90.58 RCW, the Shoreline Management Act and this master program whether or not a
permit is required.
14.2 Substantial Development Permit Requirements
A. Permit Application Procedures
Applicants for a Shoreline Substantial Development Permit shall comply with permit
application procedures.
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B. Exemptions
A. Purpose
1. 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. The purpose of a shoreline exemption is to provide a process for uses
and activities which do not trigger the need for a substantial development
permit, but require compliance with all provisions of the City's SMP.
2. The Director may impose conditions to the approval of exempted
developments and or uses as necessary to assure compliance of the project
with the SMA and the Tukwila SMP, per WAC 173- 27- 040(e). For example,
in the case of development subject to a building permit, but exempt from the
shoreline permit process, the Building Official or other permit authorizing
official, through consultation with the Director, may attach shoreline
management terms and conditions to Building Permits and other permit
approvals pursuant to RCW 90.58.140.
14.3 Shoreline Conditional Use Permit
As stated in WAC 173 -27 -160, the purpose of a Conditional Use Permit (CUP) is
to allow greater flexibility in the application of use regulations of the Shoreline
Master Program in a manner consistent with the policies of RCW 90.58.020. In
authorizing a conditional use, special conditions may be attached to the permit by
the City or the Department of Ecology to prevent undesirable effects of the
proposed use and/or assure consistency of the project with the SMA and the
City's SMP. Uses which are specifically prohibited by the Shoreline Master
Program may not be authorized with approval of a CUP.
B. Application
Applicants for a Shoreline Conditional Use Permit shall comply with all current permit
application procedures.
D. Approval Criteria
1. Uses classified as conditional uses may be authorized, provided that the
applicant can demonstrate all of the following:
a. That the proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Tukwila Shoreline Master Program;
b. That the proposed use will not interfere with the normal public use of
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A. Purpose
D. Approval Criteria
public shorelines
c. That the proposed use of the site and design of the project will be
compatible with other permitted uses within the area and with uses
planned for the area under the comprehensive plan and SMP;
d. That the proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located; and
e. That the public interest suffers no substantial detrimental effect.
2. In the granting of all conditional use permits, consideration shall be given to
the cumulative impact of additional requests for like actions in the area. For
example, if conditional use permits were granted to other developments in the
area where similar circumstances exist, the total of the conditional uses shall
also remain consistent with the policies of RCW 90.58 and all local
ordinances and shall not produce substantial adverse effects to the shoreline
environment.
14.4 Shoreline Variance Permits
The purpose of a Shoreline Variance Permit is strictly limited to granting relief from
specific bulk, dimensional, or performance standards set forth in this Master Program
where there are extraordinary or unique circumstances relating to the physical character
or configuration of property such that the strict implementation of the Master Program
will impose unnecessary hardships on the applicant or thwart the Shoreline Management
Act policies as stated in RCW 90.58.020. Reasonable Use requests that are located in the
shoreline must be processed as a Variance, until such time as the Shoreline Management
Act is amended to establish a process for reasonable uses.
B. Application requirements
Applicants for a Shoreline Variance shall comply with all current permit application
procedures.
C. Shoreline Variance permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all
instances the applicant must demonstrate that extraordinary circumstances exist and the
public interest will suffer no substantial detrimental effect.
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
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authorized provided the applicant can demonstrate all of the following:
1. That the strict application of the bulk, dimensional, or performance standards
set forth in the Master Program preclude or significantly interfere with a
reasonable use of the property not otherwise prohibited by the Master
Program;
2. That the hardship described above is specifically related to the property and is
the result of unique conditions such as irregular lot shape, size, or natural
features and the application of the Master Program, and not from the owner's
own actions or deed restrictions; and that the variance is necessary because of
these conditions in order to provide the owner with use rights and privileges
permitted to other properties in the vicinity and zone in which the property is
situated;
3. That the design of the project will be compatible with other authorized uses
within the area and with uses planned for the area under the comprehensive
plan and SMP and will not cause adverse impacts to adjacent properties or the
shoreline environment;
4. That the variance will not constitute a grant of special privilege not enjoyed
by other properties in the area;
5. That the variance is the minimum necessary to afford relief; and
6. That the public interest will suffer no substantial detrimental effect.
E. Shoreline Variance Permits Waterward of OHWM
1. Shoreline Variance permits for development and /or uses that will be located
either waterward of the ordinary high water mark or within any sensitive area
may be authorized only if the applicant can demonstrate all of the following:
a. That the strict application of the bulk, dimensional or performance
standards set forth in this Master Program preclude all reasonable
permitted use of the property; and
b. That the proposal is consistent with the criteria established under D
above; and
c. The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
2. In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area such that
the total of the variances would remain consistent with RCW 90.58.020 and
not cause substantial adverse effects to the shoreline environment.
3. Variances from the use regulations of the master program are prohibited.
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14.5 Non- conforminu Development
A. Non conforming Uses
Any preexisting lawful use of land that would not be allowed under the terms of this SMP
may be continued as an allowed, legal non conforming use, so long as that use remains
lawful, subject to the following:
1. No such non conforming use shall be enlarged, intensified, increased or
extended to occupy a greater use of the land, structure or combination of the
two, than was occupied at the effective date of adoption of this SMP;
2. No non conforming use shall be moved or extended in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective date of
adoption or amendment of this SMP;
3. If any such non conforming use ceases for any reason for a period of more
than 24 consecutive months, any subsequent use shall conform to the
regulations specified by this SMP for the shoreline environment in which such
use is located. Upon request of the owner, prior to the end of the 24
consecutive months and upon reasonable cause shown, the City Council may
grant an extension of time beyond the 24 consecutive months, per 14.5 C.
4. If a change of use is proposed to a use determined to be non conforming by
application of provisions in this SMP, the proposed new use must be a
permitted use in the SMP or a use approved under a Conditional Use Permit
process. For purposes of implementing this section, a change of use
constitutes a change from one Permitted, Conditional Use category to another
such use category as listed within the zoning code.
5. A structure that is being or has been used for a nonconforming use may be used for a
different nonconforming use after demonstrating the following criteria have been met:
a. No reasonable alternative conforming use is practical;
b. The proposed use will be at least as consistent with the policies and provisions of
the SMP and as compatible with the uses in the area as the preexisting use;
c. The use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
d. The structure(s) associated with the non conforming use shall not be expanded in
a manner that increases the extent of the nonconformity;
e. The change in use will not create adverse impacts to shoreline ecological
functions and /or processes;
f. The applicant restores and or /enhances the entire shoreline buffer, including but
not limited to paved areas no longer in use on the property, to offset the impact of
the change of use per the vegetation management standards of this program. This
may include the restoration of paved areas to vegetated area if no longer in use.
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The preference is to reduce exterior uses in the buffer to the maximum extent possible.
B. Non conforming Structures
Where a lawful structure exists at the effective date of adoption of the SMP that could not
be built under the terms of the SMP by reason of restrictions on height, buffers or other
characteristics of the structure, it may be continued as an allowed, legal structure so long
as the structure remains otherwise lawful subject to the following provisions:
1. Such structures may be repaired, maintained, upgraded and altered provided
that (1) the structure may not be enlarged or altered in such a way that
increases its degree of nonconformity or increases its impacts to the functions
and values of the shoreline environment except as authorized in TMC Section
18.66.120; and (2) the cost of the alterations may not exceed an aggregate cost
of fifty percent (50 of the value of the building or structure in any three (3)
year period based upon its most recent assessment, unless the amount over
fifty percent (50 is used to make the building or structure more conforming,
or is used to restore to a safe condition any portion of a building or structure
declared unsafe by a proper authority.
2. Should such structure be destroyed by any accidental means the structure may
be reconstructed to its original dimensions and location on the lot provided
application is made for permits within twelve (12) months of the date the
damage occurred and all reconstruction is completed within two years of
permit issuance. In the event that the property is redeveloped, such
redevelopment must be in conformity with the provisions of this SMP.
3. Should such structure be moved for any reason or any distance whatsoever, it
shall thereafter conform to the regulations of this SMP after it is moved.
4. When a non conforming structure, or structure and premises in combination,
is vacated or abandoned for 24 consecutive months, the structure, or structure
and premises in combination, shall thereafter be required to be in conformance
with the regulations of the SMP. Upon request of the owner, prior to the end
of the 24 consecutive months, and upon reasonable cause shown, the City
Council may grant an extension of time beyond the 24 consecutive months per
14.5 C.
5. Residential structures and uses located in any single family or multiple family
residential zoning district and in existence at the time of adoption of this SMP
shall not be deemed nonconforming in terms of height, 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.
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6. Single family structures in single- or multiple family residential zone districts,
which have legally non conforming setbacks from the OHWM per the SMP
buffer, shall be allowed to expand the ground floor only along the existing
building line(s), so long as the existing distance from the nearest point of the
structure to the OHWM is not reduced, and the square footage of new
intrusion into the buffer does not exceed 50% of the square footage of the
current intrusion. As a condition of building permit approval a landscape plan
showing removal of invasive plant species within the entire shoreline buffer
and replanting with appropriate native species must be submitted to the City.
Maintenance of these plantings through the establishment period is
recommended.
7. For the purposes of this section, altered or partially reconstructed is defined as
work that does not exceed 50% of the assessed valuation of the building over
a three year period.
8. A non conforming —use, within a non conforming structure, shall not be
allowed to expand into any other portion of the structure.
C. Requests for Time Extension Nonconforming Uses and Structures
A property owner may request, prior to the end of the 24 consecutive months, an
extension of time beyond the 24 consecutive months. Such a request may be
approved only when:
1. For a nonconforming use, a finding is made that no reasonable alternative
conforming use is practical;
2. For a nonconforming structure, special economic circumstances prevent
the lease or sale of said structure within 24 months; and
3. The applicant restores and/or enhances the shoreline buffer on the property
to offset the impact of the continuation of the pre- existing use. For
nonconforming uses, the amount of buffer to be restored and /or enhanced
will be determined based on the percentage of the existing building used
by the nonconforming use for which a time extension is being requested.
Depending on the size of the area to be restored and/or enhanced, the
Director may require targeted plantings rather than a linear planting
arrangement. The vegetation management standards of this Program shall
be used for guidance on any restoration/enhancement. For nonconforming
structures, for each six month extension of time requested, 15% of the
available buffer must be restored /enhanced.
Conditions may be attached to the permit that are deemed necessary to assure
compliance with the above findings, the requirements of the master program and
the Shoreline Management Act and to assure that the use will not become a
nuisance or a hazard.
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D. Building Safety
Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe
condition of any non conforming building or part thereof declared to be unsafe by
order of any City official charged with protecting the public safety.
1. Alterations or expansion of a non conforming structure, that are required by
law or a public agency in order to comply with public health or safety
regulations are the only alterations or expansions allowed.
2. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
E. Non conforming Parking Lots
1. Nothing contained in this SMP shall be construed to require a change in any
aspect of a structure or facility covered thereunder including, without
limitation, parking lot layout, loading space requirements and curb -cuts, for
any structure or facility which existed on the date of adoption of this SMP.
2. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment less than 100 the requirements
of the SMP shall be complied with for the additional parking area.
3. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment greater than 100 the
requirements of the SMP shall be complied with for the entire parking area.
F. Non conforming Landscape Areas
1. Adoption of the vegetation protection and landscaping regulations contained
in this SMP shall not be construed to require a change in the landscape
improvements for any legal landscape area which existed on the date of
adoption of this SMP, unless and until the property is redeveloped or
alteration of the existing structure beyond the thresholds provided herein.
2. At such time as the property is redeveloped or the existing structure is altered
beyond the thresholds provided herein and the associated premises does not
comply with the vegetation protection and landscaping requirements of this
SMP, a landscape plan which conforms to the requirements of this SMP shall
be submitted to the Director for approval.
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15. APPEALS
Any appeal of a decision by the City on a Shoreline Substantial Development Permit,
Shoreline Conditional Use, Unclassified Use or Shoreline Variance must be appealed to
the Shoreline Hearing Board.
16. ENFORCEMENT AND PENALTIES
16.1 Violations
The following actions shall be considered violations of the Master Program:
A. To use, construct or demolish any structure, or to conduct clearing, earth moving,
construction or other development not authorized under a Substantial Development
Permit, Conditional Use Permit or Variance Permit, where such permit is required by the
Master Program.
B. Any work which is not conducted in accordance with the plans, conditions, or other
requirements in a permit approved pursuant to the Master Program, provided that the
terms or conditions are stated in the permit or the approved plans.
C. To remove or deface any sign, notice, complaint or order required by or posted in
accordance with the Master Program.
D. To misrepresent any material fact in any application, plans or other information
submitted to obtain any shoreline use or development authorization.
E. To fail to comply with the requirements of the Master Program.
16.2 Enforcement
It shall be the duty of the Director to enforce the Master Program subject to the terms and
conditions of TMC Chapter 8.45.
16.3 Insnection Access
A. For the purpose of inspection for compliance with the provisions of a permit or the
Master Program, authorized representatives of the Director may enter all sites for which a
Permit has been issued.
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B. Upon completion of all requirements of a Permit, the applicant shall request a final
inspection by contacting the planner of record. The permit process is complete upon final
approval by the planner.
16.4 Penalties
A. Any violation of any provision of the SMP, or failure to comply with any of the
requirements of the SMP shall be subject to the penalties prescribed in Chapter 8.45 of
the Tukwila Municipal Code "Enforcement and shall be imposed pursuant to the
procedures and conditions set forth in that chapter.
B. Penalties assessed for violations of the SMP shall be determined by TMC Chapter
8.45.100, Penalties.
C. It shall not be a defense to the prosecution for failure to obtain a Permit required by
the Master Program, that a contractor, subcontractor, person with responsibility on the
site, or person authorizing or directing the work, erroneously believed a permit had been
issued to the property owner or any other person.
16.5 Remedial Measures Required
In addition to penalties provided in TMC Chapter 8.45, the Director may require any
person conducting work in violation of the Master Program to mitigate the impacts of
unauthorized work by carrying out remedial measures.
A. Remedial measures must conform to the policies and guidelines of the Master
Program and the Shoreline Management Act.
B. The cost of any remedial measures necessary to correct violation(s) of the Master
Program shall be borne by the property owner and /or applicant.
16.6 Injunctive Relief
A. Whenever the City has reasonable cause to believe that any person is violating or
threatening to violate the Master Program or any rule or other provisions adopted or
issued pursuant to the Master Program, it may either before or after the institution of any
other action or proceeding authorized by this Ordinance, institute a civil action in the
name of the City for injunctive relief to restrain the violation or threatened violation.
Such action shall be brought in King County Superior Court.
B. The institution of an action for injunctive relief under this section shall not relieve any
party to such proceedings from any civil or criminal penalty prescribed for violations of
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the Master Program.
16.7 Abatement
Any use, structure, development or work that occurs in violation of the Master Program,
or in violation of any lawful order or requirement of the Director pursuant to this Section,
shall be deemed to be a public nuisance and may be abated in the manner provided by the
Tukwila Municipal Code 8.45.105.
17. MASTER PROGRAM REVIEW AND AMENDMENTS
17.1. This Master Program shall be periodically reviewed and adjustments shall be made
as are necessary to reflect changing local circumstances, new information or
improved data, and changes in State statutes and regulations. This review process
shall be consistent with WAC 173 -26 and shall include a local citizen involvement
effort and public hearing to obtain the views and comments of the public.
17.2 Any provision of this Master Program may be amended as provided for in RCW
90.58 and WAC 173 -26 Amendments or revisions to the Master Program, as
provided by law, do not become effective until approved by the Washington State
Department of Ecology.
17.3 Proposals for shoreline environment re- designations (i.e. amendments to the
shoreline maps and descriptions) must demonstrate consistency with the criteria set
forth in WAC 173- 26 -040 and this program.
18. LIABILITY
18.1. Liability for any adverse impacts or damages resulting from work performed in
accordance with a Permit issued on behalf of the City within the City limits, shall be
the sole responsibility of the owner of the site for which the Permit was issued.
18.2 No provision of or term used in the Master Program is intended to impose any duty
upon the City or any of its officers or employees that would subject them to damages
in a civil action.
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