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Home My WebLink AboutCDN 2019-08-13 Item 2 - Ordinances - Shoreline Master Program Update��it&r��« Tukwila Allan Ekberg, Mayor UNFOR ATKONAL' EMORANDK K TO- Community Development and Neighborhoods FROM: Jack Pace, DCDDirector BY: Minnie DhalhmaLPlanning Supervisor CC: Mayor Ekberg DATE: August 7,2019 SUBJECT: Shoreline Master Program Update ISSUE The City of Tukwila is required to periodically update its Shoreline Master Program and associated regulations for compliance with changes to the Shoreline Management Act, Department ofEcology guidelines, and legislative ru|es. BACKGROUND The Green/Duwamish River in Tukwila is categorized as a Shoreline of the State. In response to the State Shoreline Management Act (SMA) and Federal requirements, Tukwila has adopted three documents related to the river — the Shoreline Master Program (SMP), Shoreline Element in the City's Comprehensive Plan, and zoning regulations in TMC Chapter 18.44 Shoreline Overlay. The City ofTukwila completed acomprehensive update toits Shoreline Master Program in 2OO9,with additional revisions made in2Ol1.Washington state law requires jurisdictions to periodically review and update their SMPs every eight years for compliance with changes to the SMA and Department ofEcology guidelines and legislative rules. As part of the current update an open house was held last October. Planning Commission held a public hearing and made their recommendation to the City Council. The City Council held a public hearing on June 24th, 2019 and sent the item back to Community Development and Neighborhoods Committee for recommendation. DISCUSSION Staff response to public comments received at the City Council public hearing on June 24th 2019, is included as Attachment A. Staff response to the Department of Ecology's recommendations is included as Attachment B. Additionally, there are two draft ordinances attached. One is for the Shoreline Master Program updates and the second one isfor Zoning Code updates. INFORMATIONAL MEMO Page 2 The main areas of change that are policy related are listed below: Additional Flexibility for Levee Profile The current SMPcontains a minimum levee profile with a mid -slope bench that isrequired throughout the City. In practice this has not always been the chosen solution for a given location and has required a shoreline variance even for designs with better environmental performance. The proposal is to retain the rnininlunn levee p[oH|g as an example but a||ovv flexibility to address site conditions and environmental opportunities without the variance process as long as criteria such as an overall 2.5:1 river bank slope (red line below) and native plantings are met. Typical Shoreline Buffer in Leveed Areas -Width Will Vary Reconfigured Levee 18, v Maintenance Easement 15, °Rnvnnhyored Slope averages 2.5:1 with bench Additional Flexibility for K1omdwxaUs This update is happening alongside a discussion about flood protection measures in the Lower Green River Corridor Flood Hazard Management Plan. There are multiple alternatives under consideration including the question of whether future levees should be built to protect against 5OOyear rather than lDOyear flood events. This could require levees tobebetween 3.Sand S.5 feet higher, which requires between 2Oand 30additional feet ofwidth with afront and back slope of at least 2.5:1 or adding 3.5 to 5.5 feet of height to a flood wall configuration without the need for anadditional 2Otb3Ofeet ofwidth. Vegetated Bench Willows /Existing Levee Ordinary High Water Mark OHWM The current Flood Control District access road standard is 15', not the 10' built into our current buffer calculation so the total width of the levee footprint could increase by up to 35 feet. Allowing analternative flood wall configuration tosubstitutefortheb8ckdope,especja||y wheresite constraints exist, would reduce the width needed and lessen the impact on adjacent property owners. Levees are so expensive to build and the consequences of levee failure are so significant that the need to allow site specific design solutions may be desirable to reach life safety and economic goals. Increased Height Incentives The proposal is to provide increased building height incentives for property owners who provide shoreline restoration or shoreline public access above that required by code. The draft INFORMATIONAL MEMO Page 3 increase on properties that restore shoreline buffers or build shoreline public access amenities. These incentives would not allow heights greater than that permitted by the underlying zoning Public Access and Recreation The Draft Ordinance allowsrecreational structures tobelarger than 2Ssquare feet and 15feet tall for greater usability by the public. The trail width requirements are reduced from the 14 feet with 2feet shoulders to 12feet with 2 feet shoulders to match King County and City Park standards. Additionally, no additional public access is required if there is an existing trail on the property and access to trail is within 1000feet. pdmn'Confornling3truu±ures The Draft Ordinance removes the cost limitation onalterations orimprovements tonon- conforming structuresvvithintheshore|inebufferiffhe buffer covers most ofthe parcel. Additionally if a non -conforming structure is demolished the footprint may be incorporated into anadjacent parking lot |fthe existing parking isaccessory toalegally established upland use and any converted parking is located in a landward location. Also, the Draft Ordinance allows water quality improvements for non -conforming parking lots such asgravel parking lots can be paved. Vegetation Management The Draft Ordinance clarifies that permits are not required for removal of invasive species; requires restoration planting to be monitored for survival for five years; and includes updated tree protections similar to Tree Code update. During review of the Critical Areas update the Planning Commission recommended some additional consistency edits to how trees and vegetation are regulated under shoreline and these are reflected in the Draft Ordinance. The other proposed changes are technical edits and are described below: CmnsistenmVwith State Regulations Asdocumented inthe Gap Analysis report there are areas where the [itv' regulations donot reflect recent changes 1oState law. These include updates todefinitions, new shoreline exemptions, and updated references to RCW and WAC sections. These changes are mandatory for consistency across jurisdictions. The proposal also includes language for revisions and time extensions for issued shoreline permits in accordance with State requirements. Streamlining/Eliminating Duplication The current SMP includes policies and regulations that were subsequently also adopted into the Comprehensive Plan and Zoning Code. This duplication has given rise to inconsistencies and requires duplicate amendments whenever changes are made. The proposal is to create a multi- partSK8Pth3tspanstheseHocunnentsandinc|udestheShore|ineE|ernentandChapterlO.44by reference without repeating policy orregulation language. The current Chapter 18.44 Shoreline Overlay duplicates the environmental regulations found in Chapter 18.45 Sensitive Area Ordinance for sensitive areas within the shoreline jurisdiction. After discussion with our DOE reviewer the proposal is to eliminate this duplication, reference the regulations in 18.45 that are currently being updated, and add additional language about INFORMATIONAL MEMO Page 4 applicability and limitations of that chapter. This does mean that adoption of the environmental regulation update will need to occur concurrently with the adoption of the shoreline update. Another proposal is tocombine the shoreline use matrix and narrative list ofuses into asingle table for clarity. Similarly, the narrative discussion ofshoreline buffers has been put into a table. Renumbering Some of the code sections in TIVIC 18.44 are quite long and therefore code citations can be 4 or 5 layers deep. This can be confusing and hard to use. Staff proposes to break up some of these long sections and renumber in the final ordinance format after the policy work is completed on the strikeout/underline version. FINANCIAL IMPACT Nodirect impacts are expected due tothese changes. The Department ofEcology has provided Tukwila with a $20,000 grant to offset the cost of hiring a consultant to assist with the update. RECOMMENDATION The Committee isbeing asked bzreview the two ordinances and pass ontheir recommendation to the next Committee of the Whole meeting. ATTACHMENT A. Staff response to Public Comments submitted at the City Council public hearing on June 34zn ' 2019 B. Staff response tothe Department ofEcology's initial comments C. Ordinance revising the Shoreline Master Plan D. Ordinance revising the Zoning Code The previously distributed binders also contain: l. Shoreline Master Plan (clean version ofthe Planning Commission reconnnnended5MP) 2. TMC 18.44 (an annotated, strikeout/underline version of Planning Commission recommended draft) 3. TIVIC 18.44 (clean version of the Planning Commission recommended draft) 4. Amatrix showing the PC'sresponses tothe public comments 5. Initial Determination letter from DOE The following documents were provided after the June 24th, 2019, City Council public hearing: l. Public Comment letters provided to the Planning Commission and labeled DI to D8 (these are referenced in the comment matrix previously provided in the binder) 2. Planning Commission meeting minutes from meeting October 25,3O18; March ZQ, 2019 and April 3S,3O19. 3. An electronic copy ofthe Shoreline Master Program (conop|etestrikeout/under|ine version ofthe Planning Commission recommended draft) Attachment A Staff response to public comments submitted at the City Council Public Hearing on June 24, 2019 1. 2. Ion Manea, 13407 48th Ave S, Tukwila Jami Balint w/ Summit Law Group representing Desimoni Family TMC 18.45.080 18.45.090 18.45.100 18.44.110.G.6.d d. The area beneath a non -conforming structure may be converted to a contiguous parking lot area if the non- conforming structure is demolished and only when the contiguous parking is accessory to a legally established use. The converted parking area must be located landward of existing parking areas The comments submitted were related to the critical areas code update and will be addressed as part of the critical areas code update. The Department of Ecology has expressed concern with the proposed revisions to TMC 18.44.130.G..6.d on non -conforming parking lots, allowing the area under a structure to be converted to parking if the structure is demolished. DOE believes this is inconsistent with SMP policies that do not support parking as a primary use within the shoreline buffer. Ms Balint suggested revising this section to clarify that paved parking will only be allowed if it is accessory to an otherwise permitted use. She also asked clarification be provided concerning whether gravel or dirt can be paved to meet stormwater or use requirements in situations where structures have been demolished. Defer to critical areas code update Staff has addressed DOE concerns and Jami Balint's suggestion and revised section 18.44.110.G.6.d in the Draft Zoning Code Ordinance. 3. Jami Balint w/ Summit Law Group representing Desimoni Family 18.44.030 footnote 11 (11) The maximum height of the fence along the shoreline shall not exceed four feet in residential areas or six feet in commercial areas where there is a demonstrated need to ensure public safety and security of property. The fence shall not extend waterward beyond the top of the bank. Chain -link fences must be vinyl coated, Planning Commission recommended increasing commercial fencing height from 4 to 6 feet to address public comments. TMC currently requires that chain -link fences be vinyl coated. Ms. Balint suggested adding language to clarify that temporary fencing does not need to be vinyl coated, as fencing companies typically do not have vinyl coated chain -link fencing available to rent. Staff notes that no permit is necessary for temporary fencing and generally six months or Tess is deemed temporary. The existing code language only applies to permanent fencing. Page 1 of 3 No change 01 CY) Attachment A 4. JoeDeeimone. 5OOGS\8/Manning Street Seattle 18.44.110.G.2.a.C2) 18.44110.G.2.a.C3) 18.44. 110.G.0d. 18.44110.G2.a.C2) |fthe structure ie located oD8property that has no reasonable development potential outside the shoreline buffer, there shall be no limit on the cost of alterations, If the structure is located an a pn7pertY that has reasonable development potential outside the shoreline buffer, Tthecost ofthe alterations may not exceed mnaggregate cost of5O96of the value of the building or structure in any 3-yearperiod based upon its most recent assessment, unless the amount over 5O%)aused tomake the building or structure more confornninQ, or is used torestore toosafe condition any portion of building or structure declared unsafe byoproper authority. 10.44.11O.G.2.a.(3) Maintenance or repair OfeneXistinq private bhdqeis allowed without aconditional use permit when itdoes not involve the use of hazardous substanoes, sealants or other liquid oily substances. He shared his fmnnih owns approximately 8O- O5acres ofproperty inthe City and they are here towork with the community and increase the public benefit. He made the following suggestions: 1) There should be no |jnlit to the cost of alterations orrenovations for structures located onoproperty that has noreasonable development potential outside the shoreline buffer. 2\Minor maintenance orrepair ofanexisting private bridge beallowed without oconditional use permit when itdoes not involve the use of hazardous substances orsealants. This change was included ig the Planning CQnlrn}ssiVn recommended draft and )s reflected inthe Draft Zoning Code Ordinance. This change was included in the Planning Commission recommended draft and |e reflected in the Draft Zoning Code Ordinance. Page 2 of 3 Attachment A 5. Greg Haffner, Curran Law Firm representing GtnmnderLLC 18.44.030 footnotes 18.44.11O.{3.6.d,The area beneath o non-confOrnninq structure nl8y be converted tD8ConUOUoVSparkiOqlot area ifthe non'confornninq structure is demolished and Vn|ywhen the contiguous pa[hinOis acc8Saoryto a |eqa||yestablished use. The converted Vmrhinqarea must belocated landward of existing parking areas Request bzadd mnew footnote to shoreline use matrix stating that Vehicle bridges not permitted )nthe transition zone 3)Thearea beneath anon -conforming structure may beconverted tomcontiguous parking lot area ifthe non -conforming structure imdemolished. Heshared that they submitted concerns tothe Planning Commission. He repeated their request tohave afootnote added bzthe Shoreline Use Matrix that prohibits new bridges within the Transition Zone ofthe Duvvonninh/Gpeen River. He stated that the 8MPdescribes the Transition Zone aacrucial in providing habitat for nm|,nonide to adjust to the change between fresh and saltwater conditions. Extending another bridge across the river inthat location will contribute to |ighdng, noise and vibration pollution that will be disruptive tosalmon. Staff notes that per note31 vehicle bridges are already limited to locations where they connect public righto-of- vvoy. Essential streets are defined ae limited to locations "where no feasible alternative location exists based ononanalysis of technology and system mfficiency.''18.O8.285 Page 3 of 3 Staff recommends to this section bJaddress this and C>C}E'econcern. These revisions have been implemented inthe Draft Zoning Code Ordinance. Staff recommends nochange. -� 00 Attachment B �� *x� �� U x Recommendations `��nn �� u~" �~��o�D�� n��«°�Uons Ecology recommendations in red are required to comply with the SM[A (RCW90.58) and the SM[» Guidelines (WAC 173-26. Part 111). Ecology FGCoDlDleDd@tioOS in blue are recommended and consistent with SMA (RCW 90.58) policy and the SMP Guidelines (WAC 173-26, Part 111). Req'1 S88PSection 2 Tukwi|a's Shoreline Master Program 2.1SMPComponents Tocomply with the SyWA,Tukwila has included the following components in this Shoreline Master Pmgnam(GK4P): This SyNPdocument contains the SMAoverview and baohqroundrelated tothe development ofthe SW1PComprehensive Update in2O11 as updated throuqhthe 2O18Periodic Review process. ° Outreach including ocitizen participation process, coordination with state agencies, Indian tribes, and other local governments (see Section 2.4below) ° Inventory, analysis and characterization of shoreline conditions, environmental functions and ecosystem -wide processes ° Analysis nfpotential shoreline naobonstiun opportunities ° Establishment ofshoreline environment designations • Evaluation and consideration ofcumulative impacts The Shoreline Element ofthe Comprehensive Plan ° Contains the 8k8PqGoa|oand policies that have been adopted inthe Shoreline Element ofthe Comprehensive Plan (Ordinance#. date) The Shoreline Regulations ° Development regulations that have been codified in T[NC 18.44 (Ordinanoe#. date); and m Development regulations that have been codified in TyNC 18.45 (Ordinanoe#. date) The City isproposing tognfrom nstandalone Shoreline Master Program hnamore integrated approach which includes GMPpolicies and regulations in other Tukwila Municipal Code Sections. In order to successfully make this transition the City must identify all code sections that will be utilized to meet the SyNP policy and regulation requirements. These provisions will beincorporated byreference oopart ofthe SyNP. aesuch they need tobeidentified with ospecific dated ordinance number, and itshould beclear within the 8&1Pthat any subsequent updates ormodifications bothese codified provisions will not bn effective inthe shoreline jurisdiction until oformal 8W1Pamendment has been approved byEcology isaccordance with VVAC173-2G-11O. VVAC 173-26'101(2)(b)pruvides. in relevant part, Shoreline master programs may include other policies and regulations byreferencing aspecific, dated edition. When including referenced regulations within amaster program, local governments shall ensure that the public has anopportunity b7participate /nthe formulation nfthe regulations or/n their incorporation into the master program, as called for in N/AC 173-20-201 (3)(b)(V. /nthe approval process the department will review the referenced development regulation sections aopart ofthe master program. Acopy ofthe referenced regulations shall bosubmitted tothe department with the proposed master program oramendment. /fthe development regulation /samended, the edition referenced within the master program will still bethe operative regulation /nthe master program. Changing the referenced regulations /nthe master program h7the new edition will require amaster program amendment. VVAC 173-26'191(2)(c)abm provides that, Local governments shall identify all documents which contain master program provisions and which pnnv��noconstitute part ofthe master City Staff Response Requirement 1:This revision has been implemented inthe Draft SPNPordinance. Ordinance numbers will beinserted when the ordinances are adopted. Page I of 12 Attachment B SyNPSection 3 Definitions TIVIC18.0QDefinitions — ° Shoreline Design Guidelines that have been codified inTIVIC18.44(Ordinance #.date) • Board of Architectural Review/ Shoreline Desiqn Criteria found in MC 1&80�050 (Ordinance #.date) • Shoreline Landscape Requirements that have been codified inT[NC1&52 (Ordinance#. date) Definitions provided inTKAC18,OO(Ordinance #. date) Portions of the Critical Areas Protection Provisions that have been codified inTk4C1G.45(Ordinance #. date) with exclusions identified in Subsection Q of this document and withinTINC 18.44. Definitions used inthe administration ofthe Shoreline Master Program a44dare incorporated into the Definitions Chapter ofthe Zoning Code TyNC 18.OG.|naddition hothe definitions provided inTyWC 18.OS.Chapter AO.58RCVV.Chapter 173-26VVAC. and Chapter 173'27VVACapp|ywithin the shoreline iuriadiction.Where definitions inTIVICconflict with state definitions, the definitions provided in RCVVor WAC shall control. 18.06.210Dnvelopment ^Deve/opmnnt"means the construction, neconstruoUon, converoion, structural alteration, ny|000tion, orenlargement cfany structure that requires abuilding permit. ^Oevolopmcnt"does not include dismantling or removing structures if there is noother osaociuhaddevelopment orrc development, 18.06.217 Development, Shoreline |nthis case dappears that the City h*proposing toinclude the Shoreline Element ofthe City'oComprehensive Plan, along with portions ofTIVIC 18.06. TyWC 18.44, TyWC 18.45, TyNC 1O.52and TPNC 18.00asthe relevant policies and codified regulations that would now constitute the SW4Palong with the background and overview information still contained within the Shoreline Master Program document. (Ordinance #. date) should beadded otthe time oflocal adoption ofthis SyWP Periodic Review amendment and must beincluded with the formal submittal toEcology for final approval. The City proposed toreference the zoning code definitions section in TyNC1O.OSrather than have those definitions housed inthe SN1Pnr duplicated inboth the SWYPand the codified TPNCsections of18.UGand 1Q.44.This approach ks fine, but the definitions must boconsistent with those previously approved inthe 5yWPand with the SyWAand Guideline definitions ofRCVV8O.58.O3O.VVAC173-2G'O2Oand VVAC173-27'U3O. Ordinance 2347adopted in2O11codified the GPNPsection 3definitions inhzT[NC 18.06. Hovvever, having all these definitions housed in one place outside the SyNP could result indefinitions within TyNC 18.06thed are not consistent with definitions within the SMA.Additional clarification ierequired hoensure that ifoconflict does exist, the GK8A and Guideline definition shall prevail. This isnecessary toensure that the purpose, intent, and goals ofthe SMAare given the required weight when reviewing projects within the shoreline jurisdiction. Aanoted inthe Periodic Review Checklist, the state definition of ^development"was amended to clarify that demolition isnot development in the shoreline. The City has added this clarification to Page 2 of 12 City Staff Response Requirement 2:This revision has been implemented inthe Draft SyWPordinance. These proposed revisions tndefinitions in 18.06 have been implemented inthe Draft Zoning Code Ordinance adTMC18.OG.The reference Vosensitive areas hocritical areas will bpaddressed inthe ordinance related to critical areas code update. C.0 0 Attachment B ^Onve|opment,shoreline" means, when conducted within the Shoreline Jurisdiction onshore|andsor ohona|andareas aadefined herein, ause consisting ofthe construction orexterior alteration of structures; dredging; drilling; dumping; filling; removal ofany sand, gravel, orminerals; construction of bulkheads; driving of piling; placing ofobstructions; orany project ofapermonentor temporary nature that interferes with the normal public use ofthe waters overlying lands subject to the Shoreline Management Act atany stage oy water level. ''Deve|opment.shoreline" does not include dismanUinq or removing structures if there is noother associated development orre- development. LonqeWmodvDebris (L0VD):means whole trees with root wars and limbs attached, cut |oqesatleast 4 inches in diameter a|onq most of their |enqth, root wads edleast G.5feet |nnqand 8inches indiameter. Lanqewoody debris iainstalled hoaddress a deficiency ofhabitat and natural nhone|forminp processes. Non-cqnfmmninq Structure, Shoreline: means structure |eqaUyestablished prior tothe effective date of the Shoreline Master Proqnym, but which does not conform topresent neou|ationoor standards ofthe program. 1&OO710-1O.O873OChange references from Sensitive Area to Critical Area. Critical Sensitive, Area the wrong definition. The required changes noted huTIVIC18.O8.21O and 18.06.217 are necessary for consistency with the SMA. Large Woody Debris and Non -conforming Structures definitions from the S&1Pare proposed hnbadeleted and replaced with areference to TK8C18.O6.but these definitions are not in18.00.Need tnadd hn18.OG nrexplain why these definitions are nolonger needed. Sensitive Areas should bechanged toCritical Areas. This term has been changed throughout the City'scode. |tshould baupdated here as well for internal consistency and implementation. citi Staff Response '�� ^^ SK8PSection G Shoreline Goals and Policies The goals and policies that lead and inspire Tukwi|a\ushoreline actions are found inthe Shoreline Element ofthe City's 2015 Comprehensive Plan. These, along with the narrative in that Chapter, were updated based on The City has proposed to delete this entire section, except for the first sentence that references the Shoreline Element ofthe Cit/u Comprehensive Plan oonoted inthe column tothe left. The City Staff comment for this proposed change, notes that minor edits tothe Element are needed bzmatch the 2U11revisions approved byEcology. Page 3 of 12 Requirement 3:|nconjunction withUheCit/ndesine toreference the 2O15Comprehensive P|an'o Shoreline Element inthe 8[NPinstead ofduplicating itinSyNP.the City has provided: (1)the specific Attachment the 20O8@YWPand 2011revisions approved by the Department of Ecology. The proposed language inSPNPSection GShoreline Goals and Policies isnot sufficient bomeet the requirements ofthe SMAand the existing Shoreline Element ofthe Comprehensive Plan has not been reviewed for consistency with the 8W1Aospart ofaS[NPamendment; therefore it cannot beused hofulfill the GWYApolicy and goal requirements ofthe Required. - The 2011 Approved SMP Policies cannot be deleted from SMP Section Gunless they are formally replaced bvthe Shoreline Element ofthe CompnehenoiveP|an—anyinnonsisbannybebwnentheaetwomet of policies and goals must be rectified during this Periodic Review Process. This can beaccomplished by: ° Providing e ntrikethvough/undedinevexsion of the 2011 8W1P Section 0Goals and Policies identifying the changes necessary brreplace itwith the current Shoreline Element of the Comprehensive Plan. This isn8yNPamendment and must be reviewed for consistency with the SyWAand Guidelines. —OR— ° Modifying the current Shoreline Element nfthe Comprehensive Plan to match the already approved 2011 SMP Section G Goals and Policies. This would not require additional Ecology review for consistency with the GyWAand Guide|ineu, because this would not include any edits hnthe approved language —it would only beore-organization that changed where the City houses these policies and goals. |ncoordination with the incorporation byreference noted inRoq'1.the City must identify the exact version ofthe Shoreline Element that will be utilized tomeet the S&4Arequirements. Once anoption iochosen to resolve this issue, an Ordinance No, and date will need to be added to any Shoreline Element reference, because these Policies and Goals cannot bemodified oredited without aformal S[NPamendment, City Staff Response (2)asthkeUhnough/undodineversion ofthe 3O11 SyWPSection GGoals and Policies identifying the changes necessary horeplace itwith the current Shoreline Element ofthe Comprehensive Plan will beprovided tothe Department ofEcology. SK8P Section Environmental ly Cxd5oa| Areas Within The Shoreline *Also 9.1 Applicable Critical Areas Regulations A.The following critical areas shall beregulated in accordance with the provisions ofthe Critical Areas Ordinance TyNC Chapter18.45 (Ordinance #. date), adopted [Date to beaddod}.which isherein incorporated by Critical areas provisions proposed hzbsincorporated byreference into the SW1Pmust include a^openific.dated ndition.^Tomeet this requirement the Ordinance number and dated must baadded otthe time of local adoption. Page 4 of 12 Requirement 4:This ordinance date revision has been implemented inthe Draft SW1Pordinance and Draft Zoning Code Ordinance atTW1C18.44.O7O. Attachment B TMC 18.44.070 reference into this SMP, except for the provisions excluded in subsection B of this Section: 1. Wetlands 2. Watercourses (Type F, Type Np, Type Ns) 3. Areas of potential geologic instability 4. Abandoned mine areas 5. Fish and wildlife habitat conservation areas Such critical area provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provision adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of TMC Chapter 18.45 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. B. The following provisions of TMC Chapter 18.45 do not apply within the Shoreline jurisdiction: 1. Sensitive Area Master Plan Overlay (TMC Section 18.45.160) 2. Reasonable Use Exception (TMC Section 18.45.180). 3. Permitting, Appeals, and Enforcement Procedures C. Critical areas comprised of frequently flooded areas and areas of seismic instability are regulated by the Flood Zone Management Code (TMC The City is also undertaking a Critical Areas Ordinance Update at this time. An update version of all CAO provisions proposed for incorporation into the SMP must be included in the final submittal for this SMP amendment, because all SMP provisions must use "the most current, accurate and complete scientific and technical information available" [WAC 173-26-201 (2)(a)]. All sections of TMC 18.45 will need to be reviewed to ensure that regulations and procedures that are not consistent with the SMA or associated Guidelines, such as reasonable use exceptions, administrative exemptions, waivers, appeals, permit procedures, and enforcement, are excluded from incorporation into the SMP. See our SMP Handbook Chapter 18 for additional guidance on this topic. *The required changes herein are based on the language provided within SMP Section 9. A final version or updated draft of the CAO proposed to be incorporated must be submitted to Ecology for review for consistency with the SMA and applicable guidelines of WAC 173-26. This may result in additional required changes necessary to ensure that critical areas protection, reviews, and permitting are conducted consistent with the SMA and Guidelines. 9.2 - Change required for consistency with WAC 173-26-221 and RCW 36.70A.480. Critical areas within the shoreline jurisdiction are regulated by the SMP. Those specific (based on ordinance # and date) provisions are incorporated into the SMP to meet the critical area protection requirements of the SMA and will be administered through the authorities of the SMA. The GMA (RCW 36.70A.480(4) provides that, Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined by department of ecology guidelines adopted pursuant to RCW 90.58.060. Page 5 of 12 City Staff Response Attachment B _ City Staff `'� � Chapter 1O.52)and the Washington State Building Code, rather than byTW1CSection 1O.44.OQO. 8.2Purpmsm A.The Growth Management Act (RCVV3G7OA)g[d Shoreline yNenaqementAct (RCVVQO.58)requires protection ofcritical areas �sensidveorcaa).defined oswetlands, watercourses, frequently flooded areas, geologically hazardous areas, critical aquifer recharge areas, fish and wildlife conservation areas, and obondonodmincor as. 8.The purpose nfprotecting environmentally critical areas within the shoreline jurisdiction is to: 1.Minimize developmental impacts onthe natural functions and values ofthese areas. 2. Protect quantity and quality of water resources. 3.Minimize turbidity and pollution ofwetlands and fish -bearing waters and maintain wildlife habitat. 4.Prevent erosion and the loss ofslope and soil stability caused bythe removal oftrees, shrubs, and root systems ofvegetative cover. G. Protect the public against avoidable |osaea, public emergency rescue and relief operations cost, and subsidy cost ofpublic mitigation from landslide, subsidence, erosion and flooding. G.Protect the community's aesthetic resources and distinctive features nfnatural lands and wooded hillsides. 7. Balance the private rights of individual property owners with the preservation of environmentally sensitive areas. 8.Pnsvant the loss ofwetland and watercourse function and acreoQe, and strive for e gain over present conditions. S. Give special consideration to conservation or protection measures necessary toprotect or enhance aned/omoue fisheries. RCVV3S.7OAO30(5)nfthe GyNAdefines critical areas as, "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b)areas with acritical recharging effect nnaquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. "Fish and wildlife habitat conservation areas" does not include such artificial features orconstructs aoirrigation delivery systems, irrigation /nfreobocb/ne, irrigation canals, nrdrainage ditches that lie within the boundaries ofand are maintained byaport district nranirrigation district orcompany. The SMAGuideline 0/VAC173'2G-O2O(8)defines critical areas as, (8) "Critical areas" asdefined under chapter 3870AHCN/includes the following areas and ecosystems: (a) Wetlands; (b)Areas with acritical recharging effect onaquifers used for potable waters; (c)Fish and wildlife habitat conservation areas; (d) Frequently flooded areas; and (e)Geologically hazardous areas. Abandoned mines are not onthe above referenced list and according ho the City'eInventory and Characterization completed ospart ofthe SyNP Comprehensive update in2O11.there are noabandoned mine areas located within the shoreline; therefore abandoned mine areas should be removed from the SMPcritical areas list. The protection and regulation ofcritical areas within the shoreline jurisdiction is governed by the SMA. not the GyNA. These references were updated to reflect the accurate WACs. *Similar issues with TMC18.44.O7Oplease amend both theSyWP Section Qand TN1C18.44.O7Ofor internal consistency and consistency with the above referenced RCW and WAC requirements. Page 6 of 12 Attachment B �City Staff Response 1O� Incorporate the use of most current, accurate, and complete scientific and technical information available inthe regulation and protection of critical areas as required by the state Growth W;anogmmcntAct Shoreline yWanaqement Act, according toVVAC173'2G'2O1and VVAC173' 26'221�865 195 QOQthnough 395 195 925and VVAC3G5 190080. C.The goal ofthese critical area regulations is-40 oehicynne+no#e*mofwetland, watercourse, orfish and wildlife con:en/utionoroortheir functions into provide level of protection to critical areas located within shorelines of the state that assures no net loss ofshoreline eco|ogica|functions necessoryto sustain shoreline natural resources. Critical areas currently identified inthe shoreline jurisdiction are discussed inthe Shoreline Inventory and Characterization Report, which forms part ofthis Shoreline Master Program. The locations are mapped onthe Sensitive Areas inthe Shoreline Jurisdiction Map — Map 5.This map iabased on assessment ofcurrent conditions and review ofthe best available information. Hovvever, additional sensitive areas may exist within the shoreline jurisdiction and the boundaries ofthe sensitive areas shown are not exact. |tisthe responsibility of the property owner todetermine the presence of sensitive areas onthe property and tnverify the boundaries inthe field. Sensitive nr oprovisions for abondoncdmine oroesdonot apply osnone of the Type 2Decisions Matrix Type ofPermit Initial Decision Maker Appma|Bmdy 0eve|opnnontQircoto State Shoreline Shoreline buffer reductions and time extension for nonconforming uses/structures are not ashoreline permit type. All development and new uses within the shoreline jurisdiction must bereviewed for consistency with the City's SyNP, but the only permit types that exist within the shoreline authorized bythe 8yN/\are Shoreline Substantial Development Permits, Shoreline Conditional Use Permits, and Shoreline Variances. All development that occurs within the shoreline Page 7 of 12 Requirement 5:This revision has been implemented inthe Draft Zoning Code ordinance. Proposed revision tn18.1O4.O1Ohas been removed. Attachment B Development Director Stitc Shorclinc Hearings Board jurisdiction must baprocessed asashoreline substantial development permit, unless the activity meets the one of the narrowly construed exemptions from the Shoreline Substantial Development Permit process. These permit types are not consistent with RCVVQO.58or VVAC173-27.and need tubedeleted. C��Response ' ° TK8C18.44.12U Appeals Any person aqurievedbythe qnantinq.denyinq.or nascindinqofaShoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance may seek review from the shorelines hearings board byfi|inq a petition for review within twenty-one days ofthe date offi|inqof the decision as defined in RCVVQO.58,14O(G)� Non -Conforming Parking Lots. m. Nothing contained inthis chapter shall ba construed torequire achange inany aspect ofa structure or facility covered thereunder inu|uding, without limitation, parking layout, loading space requirements and curb'outo.for any structure orfacility which existed on the date ofadoption ofthis chapter, unless the property isproposed for achance ofuse or otherwise redeveloped. b. /fachange ofuse takes place oranaddition io proposed that requires anincrease inthe area byonincrement ofless than O1OO96.the This provisions is not consistent with RCW 90.58180, which provides that (/) Any person aggrieved bythe granting, denying, orrescinding nf apermit onshorelines ofthe state pursuant boRCN/005If40 may seek review from the shorelines hearings board byfiling e petition for review within twenty-one days ofthe date nffiling of the decision andefined /nRCN/00.5&f40(6). RCVV8O.58.14O(0)establishes the "date offiling" and therefore the start of the 21-day state appeal period. The City'sdecision onoshoreline conditional use permit orvariance ianot the final decision because Ecology has final decision making authority onthose permit types. Replacement language kssuggested tnmore toaccurately describe SW1Ppermit appeal procedures for City staff, applicants, and the general public. This ianot asection that the City iscurrently proposing hoamendment and the procedural requirements ofthe SMAand VVAC 173-27apply regardless uf the specific language inthe S&1P.aothis io being suggested oaarecommended change rather than orequired change. o. The City staff comment onthe proposed SMPdraft indicates that the City has alot ofparking areas within the shoreline buffer, however, they debate how this section guides their use when the, site isredeveloped orchanges use. Recommend adding language toclarify that nochanges tnexisting non -conforming parking is required unless the site isredeveloped orthe use iochanged as described the subsections below. o. Proposed re -wording hnclarify that this hsapplicable ifnochanges to a non -conforming parking area is required rather than if it is not proposed. Also recommend adding clarification that any water quality Page 8 of 12 Recommendation 1:This revision has been implemented inthe Draft Zoning Code Ordinance nd TPNC 18.44.120. Recommendation 2:The recommended revision hu subsection O.mhas not been implemented. Subsection S.0addresses change inuse or redevelopment. The recommended change to subsection 0.ohas been implemented ossuggested inthe Draft Zoning Code Ordinance atTK4C 18.44.110. Requirement 6:This section has been revised to allow conversion hoparking area only when the existing parking iaalready accessory toonupland use and any converted parking ialocated ina CY) Attachment �, 1"�11�_,`/ requirements ofthis chapter shall becomplied with for the additional perking area. o. |fnproperty isredeveloped, achange cfuse takes place, oranaddition isproposed that requires anincrease inthe parking area byon increment greater than 100Y6. the requirements ofthis chapter shall bocomplied with for the entire parking area. 1fnoohungeinporkingor iopropoSod.onon conforming parki Qlot An existing non -conforming parking lot, which ionot otherwise subject to the requirements of this chapter. may beupgraded toimprove water quality ormeet local, ntote, federal regulations provided the upqradedoes not result inan increase in non -conformity. aroa if the non confo improvements cannot result inincreased non'oonformdv.For example, ifmnexisting gravel parking area ispaved and treatment ordetention ia added the proposed upgrades cannot impact existing shoreline buffer vegetation, encroach closer hnthe [)HVV&1.orinclude new impacts within the buffer such aaatormwatertreatment ordetention facilities. d. This allowance isnot consistent with the VVAC173-2O-241(3)(N Transportation and parking, which provides inrelevant part, Parking facilities [nshorelines are not mpreferred use and shall baallowed only mmnecessary tosupport anauthorized use. Shoreline master programs shall include policies and regulations hnminimize the environmental and visual impacts of parking facilities. Aaproposed, this allowance toconvert enon-conforming structure into non -conforming parking has nouse nexus and could be applied onvacant property (with noauthorized use) orassociated with anunauthorized use. City Staff Response Req-7 Ren'3 TNC18/%4.11M Subsection |fany such non -conforming use ceases for any reason for operiod ofmore than 24consecutive months the non -conforming rights shall expire and any subsequent use shall conform tothe regulations specified byinthis chapter for the shoreline environment in which such use is located, unless re- establishment of the use is authorized through 3 Type 2permit which must be3pp|iodfor through a Shoreline Conditional Use Permit which must be applied for within the two-year period. Water - dependent usenahou|dnotboconaidened discontinued when they are inactive due ho dormancy, orwhere the use istypically seasonal. Upon request ofthe owner, prior to the end of the 24consecutive months and upon reasonable cause shown, the City may grant anextension oftime beyond the 24consecutive months using the criteria set forth inTIWC Section 18.44,1OU.G.4 See also Req-5.The SMAonly provides for shoreline substantial development permits, shoreline conditional use permits, and shoreline variances. The State Shorelines Hearings Board isonly authorized ho review these types nfpermits. The authorization must fit into one of these permit types. Ashoreline substantial development permit would not betriggered, so the only potential shoreline permit toreview this under would bethe Shoreline Conditional Use permit process. It doesn't appear that this is the right cross reference. Requirement 7:This revision has been implemented inthe Draft Zoning Code Ordinance cd TW1C 19.44.110. Recommendation 3:This revision has been implemented inthe Draft Zoning Code Ordinance at T&1C 18,44.110. Page 9 of 12 Attachment U� B TIVIC10/44.1Q0 Shoreline Restoration SubmsctimoB. Changmmin Shoreline Jurisdiction Due to Restoration. 1.Relief may begranted from Shoreline Master Program standards and use regulations incases where shoreline restoration projects result in a change inthe location ofthe OHVV&1and associated Shoreline Jurisdiction and/or critical area buffers on the subject property and/or adjacent properties, and where application of this chapbar'a regulations would preclude orinterfere with the uses permitted bythe underlying zoning, thus presenting ahardship tothe project proponent. o. Applications for relief, as specified be|ovv, must meet the following criteria: (1)The proposed relief iothe minimum necessary ho relieve the hardship; (2)After granting the proposed relief, there hsnet environmental benefit from the restoration project; and (3) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and with the Shoreline Master Program. (4)Where eshoreline restoration project isoreotod aemitigation toobtain odevelopment permit, the project proponent required tnperform the mitigation is not eligible for relief under the provisions of this section. b.The Department ofEcology must review and approve applications for relief. n. For the portion ofproperty that moves from outside Shoreline Jurisdiction to inside Shoreline Jurisdiction aaaresult ofthe shoreline restoration project, the City may consider the following, consistent with the criteria inTPNCSection 18.44, 1OD.B.1.a. (1)permitting development for the full range ofuses ofthe underlying zoning consistent with the Zoning Code, including uses that are not water oriented; (2)woiving the requirement to obtain o shoreline substantial development permit ifitisotherwise The City proposes to add critical area buffers to the relief allowances of TyNC18.441OO.B(1)and (3).However, this relief allowance must be provided consistent with the GMAand Guidelines. which provide that relief may begranted from Master Program development standards and use regulations resulting from shoreline restoration projects that shift theDHVVN1. Restoration projects that result in a change in the location ofacritical area buffer donot result innshift inthe shoreline (]HVVW1 and would not besubject tonew shoreline use and development regulations. Shoreline jurisdiction ioextended to include the any associated wetlands, but not their buffers. So larger critical area buffers aoeresult ofashoreline restoration would not extend the shoreline jurisdiction and its use o,development regulations onto portions ofthe property where it did not previously exist. Therefora, this relief mechanism isnot applicable tnchanges incritical area buffers resulting from restoration projects. The proposed addition ofsubsection 2hu18.441OO.Bisnot appropriately located within subsection Bbecause this section iotitle Changes /nShoreline Jurisdiction Due toRestoration. See suggested relocation into new subsection C. Shoreline Restoration Building Height Incentive. Hovvever, the allowance provided along with TK8C 18.44.O5Oappear consistent with addresses the necessary view blockage issues consistent with RCVVQU5U.32O.which provides, Page 10 of 12 City Staff Response Requirement 8:This revision has been implemented inthe Draft Zoning Code Ordinance at TyWC 18.44A00. 00 Attachment B City Staff Response `` exempt from the requirement for osubstantial development permit; (3) waiving the provisions for public access; (4) waiving the requirement for shoreline design review; and (5)wak/ing the development standards set forth in this chapter. d. The intent of the exemptions identified above in subparagraphs B.1.c.(1)to B.1.c.(5) is to implement the restoration projects ofthe Shoreline Master Program Restoration P|an, which reflects the projects identified in the Water Resource Inventory Area (VVR|A)0Plan pursuant toPolicy 5.2ofthe GMP. 2. Consistent with provisions in TMC Section 18.44,050� C. building heights within shoreline jurisdiction may beinureouodifthe project proponent provides additional restoration and/or enhancement ofthe -shoreline buffer, beyond what may otherwise borequired inaccordance with the ctondordn ofT[NC Section 18�44.OSO. "Vegetation Protection and Landscaping." Additiono| Roohorotion and/or enhancement shall include: dhanne|rearing habitat and/or b.removal offish passage barriers toknown ox potential fish habitat, and restoration of the barrier site 3.2LConsistent with the provisions of subparagraphs B.1.a.1.band 1.nabove, the Shoreline Residential Environment, High Intensity, orUrban Conservancy Environment Shoreline Buffer, orcritical arooBbufferwidth may bereduced tonuless than 25feet measured from the new location ofthe OHVVW1for the portion ofthe property that moves from outside the Shoreline Jurisdiction hoinside Shoreline Jurisdiction asaresult ofthe Nhpermit shall bnissued pursuant tothis chapter for any new or expanded building orstructure ofmore than thirty-five feet above average grade level onshorelines ofthe state that will obstruct the view ofasubstantial number nfresidences nnareas adjoining such shorelines except where amaster program does not prohibit the same and then only when overriding considerations nfthe public interest will be served. Page 11 of 12 Attachment B -City ��Staffesonse shoreline restoration project, subject tothe following standards: a.The 25-footbuffer area must bovegetated according hothe requirements ofthe Vegetation Protection and Landscaping Section or as otherwise approved bythe City; and b. The proponents of the restoration project are responsible for the installation and maintenance of the vegetation. 4.The habitat restoration project pvoponentemuot record with King County asurvey that identifies the location ofthe (]HVVW1location prior tn implementation of the shoreline restoration pro]eot, any atructuresthntfall within the Shoreline Jurisdiction, and the new location ofthe OHVVPN once construction ofthe shoreline restoration project iscompleted. 5. Shoreline restoration projects must obtain all U.S. Army Corps ofEngineers and Washington State Department ofFish and Wildlife approvals aowell aowritten approval from the City. C. Shoreline Restoration Bui|dinq Height Incentive 1.Consistent with provisions inTK8CSection 18.44.050� C. building heights within shoreline jurisdiction maybaincreased ifthe project proponent provides additional restoration and/or enhancement of the shoreline buffor, beyond what mayotherwise berequired inaccordance with the standards ofTW1CSection 18,44.060. "Vegetation Protection and Londsnapinq." Additional Restoration and/or enhancement shall include: a.creation ofshallow-water (max slope 5H:1V)off channel rearing habitat and/or b.removal offish paysaqebarriers hoknown or potential fish habitat, and restoration ofthe barrier Page 12 of 12 C-0 20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2344; REPEALING THE 2011 SHORELINE MASTER PROGRAM; APPROVING AND ADOPTING A NEW SHORELINE MASTER PROGRAM UPDATE FOR THE CITY OF TUKWILA TO INCORPORATE NEW STATE REQUIREMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Green/Duwamish River, a shoreline of the state regulated under RCW 90.58, runs through the entire length of the City of Tukwila; and WHEREAS, RCW 90.58 finds that shorelines of the state are among the most valuable and fragile of its natural resources and that unrestricted construction on privately and publicly owned shorelines of the state is not in the best public interest; and WHEREAS, RCW 90.58 establishes a hierarchy of preference for uses in shorelines of state-wide significance: recognizing and protecting the state-wide interest over local interest; preserving the natural character of the shoreline; resulting in long term over short term benefit; protecting the resources and ecology of the shoreline; increasing public access to publicly owned areas of the shorelines; increasing recreational opportunities for the public in the shoreline; and providing for any other element as defined in RCW 90.58.100 deemed appropriate or necessary; and WHEREAS, RCW 90.58.080 directs local governments to develop and administer local shoreline master programs for regulation of uses on shorelines of the state; and WHEREAS, Tukwila's current Shoreline Master Program was adopted in 2009 and revised per Department of Ecology comments in 2011; and WHEREAS, the City is conducting a required periodic update of its Shoreline Master Program per RCW 90.58.080 (4)(a)(i) using the joint review process with the Department of Ecology; and W: Legislative Development\SMP-Adopting update -repeal Ord 2344 7-24-19 MD:bjs Review and analysis by Barbara Saxton Page 1 of 3 21 WHEREAS, the City Council adopted a Public Outreach Plan that incorporated a variety of methods to notify the general public and property owners along the shoreline of the proposed Shoreline Master Program update including an open house, mailings to property owners and tenants, notice in a stormwater bill, postings on the City's website, creation of a broadcast e-mail group who received updates of the shoreline review process and articles in the City's newsletter "The Hazelnut;" and WHEREAS, the Planning Commission reviewed a public review draft Shoreline Master Program, held a public hearing on March 28, 2019, and recommended adoption of a revised Shoreline Master Program to the City Council on April 25, 2019; and WHEREAS, an environmental checklist was prepared for the Planning Commission recommended draft Shoreline Master Program update and a Determination of Non - Significance was issued May 15, 2019; and WHEREAS, the City Council held a public hearing on June 24, 2019 to review the Planning Commission recommended draft Shoreline Master Program; and WHEREAS, the City Council reviewed written and verbal testimony and approved revisions to the Planning Commission recommended draft Shoreline Master Program to address issues raised by interested parties, individual Councilmembers, staff and the Department of Ecology; and WHEREAS, notice has been provided to the Washington State Department of Commerce pursuant to RCW 36.70A.106; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Shoreline Master Program established. The Shoreline Master Program with accompanying maps, as set forth in "Attachment A," is hereby adopted and shall become binding as of the effective date of this ordinance on all properties within the shoreline jurisdiction. Section 2. Repealer. Ordinance No. 2344, including the Shoreline Master Program adopted by reference in Section 1 thereof, is hereby repealed. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/ subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Legislative Development\SMP-Adopting update -repeal Ord 2344 7-24-19 MD:bjs Review and analysis by Barbara Saxton Page 2 of 3 22 Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon approval of the Shoreline Master Program by the Washington State Department of Ecology and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Attachment A — Shoreline Master Program Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Legislative Development\SMP-Adopting update -repeal Ord 2344 7-24-19 MD:bjs Review and analysis by Barbara Saxton Page 3 of 3 23 24 TUKWILA SHORELINE MASTER PROGRAM December 14, 2009 Revised Per Ecology Letter March 24, 2011 PC Recommended Draft 4-25-2019 Prepared by Tukwila Department of Community Development with the assistance of ESA Adolfson and The Watershed Company This report was funded in part through a grant, G0600234, from the Washington State Department of Ecology. 25 TABLE OF CONTENTS I INTRODUCTION l 1.1 Purpose and Background .........................................................l 2. SHORELINE MASTER PROGRAM .5 2`1 SMP Components .............. ,................................................................... 5 22 SMPElements ........................................................................................ 6 2.3 History 0fSMP Planning blTukwila. .................................................. 6 ]. _—'—.._....'--,—._-.—.--.--.'--'.--.--.---..8 4. SHORELINE INVENTORY AND .8 4.1 Watershed Context and Shoreline Modifications .................................. 4.2 Biological Resources and Shoreline Functions ......... .................. 10 4'3 Land Use .............................................................................................. l 4.4 Restoration Opportunities and Potential Use Conflicts ....................... l3 .5. SHORELINE RESTORATION PLAN - SUMMARY .—..'---'.—.--.—.17 5.1 Background __^_'~__~._,._~_,_'~~'-._—'~.'_--.__''._,l7 5.2 Assessment ofShoreline Functions ..................................................... l7 5.3 Plans, Programs, and Completed Projects ........................................... 5.4 Restoration Opportunities.................................................................... }9 7. SHORELINE ENVIRONMENT DESIGNATIONS ^^—`—^^-`—~_'~~~-~~21 7'1 Pre2009 Regulatory Framework ...........................--.2} 7.2 Key Findings of the Shoreline Inventory {,..._,.'—.--..'~,'—. 22 Characterization Report and Restoration Plan i 26 7.3 State Environment Designation 23 7.4 Environment Designations 25 7.5 Determination 0fShoreline Buffers 30 7.6 Shoreline Residential Environment 35 7.7 Urban ........................................................37 7.8 High Intensity Environment ....... .........................4l 8. SHORELINE USE REGULATIONS AND—.—. 43 DEVELOPMENT STANDARDS 9. ENVIRONMENTALLYCRITICAL AREAS WITHIN THE SHORELINE JURISDICTION ....................................................................... 44 4.1 Applicable Critical Areas Regulations .44 lO. PUBLIC ACCESS T[)THE SHORELINE....... -............................................. 48 ll. SHORELINE DESIGN GUIDELINES ...... ........................................ ........... 5U 12. SHORELINE RESTORATION ----.—.—.--._--..—'—..—'—.---5A 13. ADMINISTRATION ....................................................................................... 5l 13.1 Applicability of Shoreline Master Program and Substantial Development Permit ......................................................... 5l 13.2 Relationship to Other Codes and Regulations .....................................52 14. APPEALS ..................................................................................... .................. 52 15` MASTER PROGRAM REVIEW ANDAMENDMENTS 53 16. '...''.---'---.--.~---'---'^—'--''—..---`-..`53 SMP Public Review Draft Clean ii 8/7/2019 27 LIST OF FIGURES Figure 1. Pre 2009 Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44) 22 Figure 2. Briscoe Levee Profile 34 Figure 3. Schematic of Shoreline Residential Environment and Buffer................................ 37 Figure 4. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy Environment in Areas without Levees . 39 Figure 5. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy Environment in Areas with Levees ...... . .. . . .... ......... . ... 40 Figure 6. Schematic of Buffer Reduction Through Placement of Fill on Levee Back Slope ..... ........... .... . .... .... 41 Figure 7. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High Intensity Environment............ .... ... . .. . ............ ... ............................... 42 LIST OF TABLES Table 1. General Restoration Potential within the Shorelines of Tukwila 18 Table 2. State Recommended Environment Designation System — WAC173-26-211 (5) ........ ............. . . ... .... ................... . ....... . . .. . ... ............ ..... . 24 Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline 26 Ecological Conditions LIST OF MAPS Map 1. Annexation History and Potential Annexation Areas .4 Map 2. Duwamish River Transition Zone. 16 Map 3. Shoreline Environments 29 Map 4. Shoreline Armoring........................ .. . ... . .... ..... ....... ....... ...........87 Map 5. Sensitive Areas in the Shoreline....... Map Map 6. Shoreline Public Access 49 APPENDICES A. Shoreline Inventory and Characterization Report B. Shoreline Restoration Plan 28 SMP Public Review Draft Clean jjj 8/7/2019 1. INTRODUCTION 1.1 Purpose and Background This document presents the Shoreline Master Program (SMP) for the City of Tukwila. It is an update to Tukwila's existing SMP, originally adopted in 1974. The SMP is intended to guide new shoreline development, redevelopment and promote reestablishment of natural shoreline fitnctions, 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 reflects changes in local conditions and priorities and the evolving State regulatory environment. This Shoreline Master Program presents background infon tation on the Shoreline Management Act, describes shoreline jurisdiction in Tukwila, summarizes the amendment process carried out to date, presents a summary of the Shoreline Inventory and Characterization, presents a summary of the Shoreline Restoration Plan, proposes shoreline environments, and establishes goals, policies and regulations, which apply to all activities on all affected lands and waters within the shoreline jurisdiction. In addition, there is a chapter that establishes design guidelines. Maps are provided to illustrate shoreline jurisdiction and environments. The Shoreline Inventory and Characterization Report is provided in 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. SMP Public Review Draft - Strikeout 1 8/7/2019 29 Ordinary high water mark (OHWM) 'E.' 1111 1111 1111 1111 1111 1111 1111= 1111 1111 1111 11111111 1111 II --=:11111:7------ 1111 1111 1111 1111 1111 III I 200' > Wetland in 100 year Flood plain = 1111 =I.-- 1111 IIII E- 1111 1111 = 1111 = 1111 = k 200' Flood way III 1111 1 = 1111 1111 1111 r±- 111 .--71111-L-"" 1111 -LT.' 1111 1111 1111 III = 1111 = 1111 = 1111 = 1111 = 1111 = 100 Year Flood Plain 200' from OHWM or flood way and all marshes, bogs, and swamps in 100 year flood plain 200' from OHWM and 100 year flood plain Figure 1.1 Lands and waters under the jurisdiction of the Shoreline Management Act B. Shoreline Jurisdiction in Tukwila The Green/Duwamish River is the only "shoreline of statewide significance" in the city (RCW 98.58.030). A small portion of the Black River, a shoreline of the state, is also located in Tukwila. Throughout the SMP document, the term "Shoreline Jurisdiction" is used to describe the water and land areas subject to shoreline jurisdiction in Tukwila. Based on SMA guidelines for shoreline jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The Tukwila Shoreline Jurisdiction includes the channel of the Green/Duwamish River and the Black River, its banks, the upland area which extends from the ordinary high water mark landward for 200 feet on each side of the river, floodways and all associated wetlands within its floodplain. For the purpose of determining shoreline jurisdiction only, the floodway shall not include those lands that have historically been protected by flood control devices and, therefore, have not been subject to flooding with reasonable regularity. The Tukwila SMP applies to all development activity occurring within the Shoreline Jurisdiction, which corresponds to the Shoreline Overlay District as established by Chapter 18.44 of the Tukwila Municipal Code. SMP Public Review Draft Clean 2 8/7/2019 30 All proposed uses and activities under its jurisdiction must be reviewed for compliance with the goals, policies and regulations referenced herein. All proposed uses and development occurring within shoreline jurisdiction must confoim 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 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. 180th 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 Green River and are identified on Map 1. 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 20 years. Where changed circumstances dictate, the SMP will provide updated guidance and regulations for the MIC area. The MIC area has significant potential for redevelopment. SMP Public Review Draft Clean 3 8/7/2019 31 Tuming Basin Legend Tukwila City Limits Tukwila Urban Center Manufacting /Industrial Center Potential Annexation Areas i i Green fDuwamish River Shoreline Annexed After 1974 Manufacturing/Industrial Center Boundary Map 1 Annexation History and Potential Annexation Areas Tukwila Urban Center SMP Public Review Draft Clean 32 4 8/7/2019 2. TUKWILA'S SHORELINE MASTER PROGRAM 2.1 SMP Components This SMP document contains the SMA overview and background related to the development of the SMP Comprehensive Update in 2011 as updated through the 2019 Periodic Review process. To comply with the SMA, Tukwila has included the following components in this Shoreline Master Program (SMP): • Outreach including a citizen participation process, and coordination with state agencies, Indian tribes, and other local governments (see Section 2.4- ) • Inventory, analysis and characterization of shoreline conditions, environmental functions and ecosystem -wide processes • Analysis of potential shoreline restoration opportunities • Establishment of shoreline environments • Shoreline Design Guidelines that have been codified in TMC Chapter 18.44 • Evaluation and consideration of cumulative impacts The Shoreline Element of the Comprehensive Plan: • Contains the SMP oals and olicies that have been ado ted in the ShorelMe Element of the Comprehensive Plan (Ordinance #, date) The Shoreline Regulations: • Development regulations that have been codified in TMC Chapter 18.44 (Ordinance #, date) Development regulations that have been codified in TMC Chapter 18.45 (Ordinance # to be inserted after City Council adoption in 2019, ) Shoreline Design Guidelines that have been codified in TMC Chapter 18.44 (Ordinance #, date) Board of Architectural Review Shoreline Design Criteria found in TMC Section 18.60.050 (Ordinance #, date) Shoreline Landscape Requirements that have been codified in TMC Chapter 18.52 (Ordinance #, date) Definitions provided in TMC Chapter 18.06 (Ordinance #, date) Portions of the Critical Areas Protection Provisions that have been codified in TMC Chapter 18.45 (Ordinance #, date) with exclusions identified in Subsection 9 of this document and within TMC Chapter 18.44. SMP Public Review Draft Clean 5 8/7/2019 33 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 Element of the Comprehensive Plan and the regulations in Chapters 18.44 and 18.45 of the City's 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 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. 2.3 History of SMP Planning in Tukwila Tukwila's Shoreline Master Program (SMP) was first adopted in 1974, in response to the passage of the Shoreline Management Act (RCW 90.58). The SMP was later updated through minor amendments in 1982 and 1987, none of which required the adoption of a new SMP. In 1992-1993, 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 adopted in 1995. Staff began the process to prepare a new SMP in 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 of all parcels within the 200 foot shoreline jurisdiction and a Shoreline Design Manual. New shoreline regulations approved by Ecology in 2000 were immediately appealed and ultimately invalidated by the Shoreline Hearings Board in 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. SMP Public Review Draft Clean 6 8/7/2019 34 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. In order to capitalize on previous citizens' involvement in the planning process, the City decided to start the SMP update with 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 2009 SMP update process, the City: 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 2.4 Current SMP Update Process The City of Tukwila completed a comprehensive update to its Shoreline Master Program in 2009, with additional revisions made in 2011. Washington State law requires jurisdictions to periodically review and update their SMPs every eight years in accordance with the SMA and its current guidelines and legislative rules to attain state approval. The City of Tukwila's update started with an open house in the fall of 2018 and will be complete in 2019. SMP Public Review Draft Clean 7 8/7/20 19 35 This periodic update is focused on: • Reviewing relevant legislative updates since 2009 and incorporating any applicable amendments. • Ensuring consistency with recently adopted regulations for critical areas and flood hazard areas. • Streamlining and eliminating duplication in the documents. • Addressing a limited number of policy questions such as a required levee profile, use of flood walls and incentives for public access. This periodic update will not: •, Re-evaluate the ecological baseline which was established as part of the 2009 comprehensive update. Extensively assess no net loss criteria other than to ensure that proposed amendments do not result in degradation of the baseline condition. • Change shoreline jurisdiction or environment designations. 3. DEFINITIONS Definitions used in the administration of the Shoreline Master Program and are incorporated into the Definitions Chapter of the Zoning Code, TMC Chapter 18.06. In addition to the definitions provided in TMC Chapter 18.06, Chapter 90.58 RCW, Chapter 173-26 WAC, and Chapter 173-27 WAC apply within the shoreline jurisdiction. Where definitions in the Tukwila Municipal Code conflict with state definitions, the definitions provided in RCW or WAC shall control. 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 prior SMP update, a Draft Inventory and Characterization Report and Map Folio was prepared in December 2006, and finalized in the spring of 2007 following technical review by Ecology and King County. The final report and map folio are included as Appendix A to this SMP. While the report has been finalized, the City continues to utilize the most recent information available, such as the recently updated FEMA (Federal Emergency Management Agency) Revised Preliminary Digital Flood Insurance Rate Maps (DFIRM), which were issued after the completion of the Inventory and Characterization report. SMP Public Review Draft Clean 8 8/7/2019 36 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 20th Century that diverted the White, Black and Cedar Rivers to neighboring basins. As a result, the overall freshwater discharge in the Green/Duwamish River has been reduced to around a third of the pre -diversion era. Seven pump stations also modify flows into the Green and Duwamish Rivers. Three of the pump stations, Black River, P-17, and Segale, are operated by the Green River Flood Control District, and four stations, Lift Stations 15, 17, 18, and 19 are operated by the City of Tukwila. The Black River pump station is the largest station discharging flows to the Duwamish River. This station is approximately 1,000 feet upstream of the Green —Black River confluence, and is intended to both block floodwaters from the Green from inundating the Black River and Springbrook Creek in the City of Renton, and also regulates flows from Springbrook Creek into the Duwamish River. The P-17 pump station drains SMP Public Review Draft Clean 9 8/7/2019 37 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. Hanson Dam and installation of water diversions. These modifications significantly reduced the severity of floods that historically covered much of the valley bottom. The condition of the current system of levees and revetments is a growing source of concern for King County and the cities involved, as many of the levees are aging and do not meet current standards for either flood conveyance or stability. Aside from tThe Tukwila 205 certified levee on the left bank of the river in the Urban Center is not certified and areas protected by this levee have been designated as "secluded" and regulated as outside of the 100-year Special Flood Hazard on the proposed 9/15/2017 FEMA Revised Preliminary Digital Flood Hazard Insurance Rate Maps (DFI ).78 Other levees in the City also do not meet Corps of Engineers COE standards and are mapped as floodplain. These include portions of the Tukwila South area and levees along the right bank of the river. standards. The permitting for this work is on 4.2 Biological Resources and Shoreline Functions The Green/Duwamish River within the City of Tukwila provides important habitat for several fish and some wildlife species, such as osprey. The aquatic environment within the channel is an important corridor located at the transition from the freshwater riverine environment to tidal estuarine environment of Elliott Bay. Almost every species of anadromous fish migrates through this Transition Zone. The entire length of the Green/Duwamish River within the City of Tukwila has been declared "critical habitat" for Chinook salmon, Steelhead trout and bull trout. Both These 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 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 SMP Public Review Draft Clean 10 8/7/2019 38 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, piping of streams including the use of tide-aates um ed storm discharues, 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 and generally devoid of sufficient riparian vegetation. Wood, in the form of riparian trees and in -channel wood, is generally lacking throughout the system, which negatively impacts riparian and aquatic habitats as well as river temperatures that periodically exceed state standards and create lethal and sublethal conditions for adult salmon. 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 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 SMP Public Review Draft Clean 11 8/7/2019 39 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 approximately one third of historic conditions and have iinpacted fish habitat. 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 beinis. 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 1950s, 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 the Howard A. Hanson Dam in 1962 on the upper Green River, flooding in the valley was further reduced. Much of the river is now contained within levees and surrounded by commercial and industrial development. The Port's actions in the northern part of the River and drastic reduction in river flooding have had a major influence on the development of the river valley. Today, Tukwila's portion of the Green/Duwamish River is known as a center for retail, commercial and industrial uses. The river remains inaccessible to shipping activity south of the Turning Basin, where it can be accessed primarily by small water craft, kayaks and canoes only. Land uses along the river are mostly commercial and industrial activities, with a few residential areas. With the designation of the Southcenter area as an Urban Center and the Duwamish Corridor as a SMP Public Review Draft Clean 12 8/7/2019 40 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 riverbank 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 upstream, redevelopment of the shoreline has the potential to provide appropriate landscaping and restoration of habitat that are more attractive to wildlife and people and a more environmentally sensitive form of development C. Public Access The regional Green River Trail provides public access to existing shoreline amenities and plans anticipate future linkages to Seattle's system. As redevelopment occurs, there will be opportunities to provide other types of public access, including viewing platforms, boat ramps and fishing areas. 4.4 Restoration Opportunities and Potential Use Conflicts Past restoration work focused on the Green\Duwamish River (in Water Resource Inventory Area 9) has resulted in good data collection and identification of potential restoration opportunities. Significant restoration activities along the Green \Duwamish River are already underway in the form of the multi -agency Green River Ecosystem Restoration Project. Several opportunities have been identified on the river as part of the recently adopted King County Flood IIazard 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. 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. SMP Public Review Draft Clean 13 8/7/2019 41 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 authorized "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,. management, and regulatinv, of the levee system, including the U.S. Army Corps of Engineers (the Corps), the Federal Emergency Management Agency (FEMA), King County • ' Flood Control Zone District (KCFCD), and private property owners. The City of Tukwila Public Works Department has overall responsibility for maintenance of all levees, including the federally certified authorized Tukwila 205 levee, which extends from about the 1-405 crossing to ° approximately S. 196th Street. The actual maintenance work on this -public levees is contracted by the City to King Countyperformed by KCFCD. 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 shorelines 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 first SMP, in place since 1974, established a 40-foot setback from the mean high water line. In places that have not been redeveloped under current regulations there is little more than this 40-foot zone that is not intensely developed. Some places have somewhat more open space and less development and thus have greater flexibility to accommodate potential habitat restoration actions. The City's vision for future land use, based on its Comprehensive Plan, includes maintenance and further development of its urban character, particularly its identity as a regionally significant center for manufacturing, industrial, and commercial development. A challenge lies ahead in determining how best to accommodate new and redevelopment SMP Public Review Draft Clean 14 8/7/2019 42 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 r have changed significantly as a result of development and alteration of its watershed over the past century or so. Characteristic of many cities in the region, Tukwila has grown and become highly urbanized. Continued growth is anticipated and the City is planning for that growth. To a significant degree, the City has envisioned and maintained a development pattern that preserved public access to the Green River and assured setbacks of new buildings from the shoreline. Issues of concern today are focused on reconstructing existing levees and revetments to protect existing development from flood hazards, an effort that will take place over a number of years in coordination with the King County Flood Control Zone District, King County and state and federal agencies. There are many opportunities for conservation and restoration actions in the City to restore or replace habitat while managing natural hazard areas. SMP Public Review Draft Clean 15 8/7/2019 43 „a1-1 n 0rni (A ,T,:.,,,Ielfvvt l3.1` nin,ent ry 0,, , 'a' 100 im 1410 4.2ti0w DeranWZoN^Mat, a Atfkli imagery 2012 Revised Map 2 — Duwamish River Transition Zone Duwamish Transition Zone River mile and number Incorporated area 2.000 ICO2FCC( October 201 RY,'A'Ar i9g§, SMP Public Review Draft Clean 16 44 8/7/2019 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 -The Shoreline Restoration Plan 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 shoreline 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 Shoreline 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 scale issues within the upper watershed vhich that 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. SMP Public Review Draft Clean 17 8/7/2019 45 Table 1. General Restoration Potential within the Shorelines of Tukwila Function Category Function Alterations to natural functioning Potential Restoration Action within the City Hydrologic Channel-Floodplain Interaction Presence of flood protection structures (e.g., levees, riverbank revetments, flood gates) and significant fill and . . .. .. . development along tne snoreune limit channel-floodplain interactions in Tukwila. 1. Modify current levees and revetments to increase channel and floodplain interaction; 2. Excavate back or side channels,, Hydrologic Upland sediment generation Fine sediment contribution to the river is . increased due to build-up and wash -off from surrounding urban land uses. Implement enhanced stormwater Best Management Practices for fine sediment . removal in stormwater runoff. Water Quality Retention of particulates and contaminants 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. 1. Modify current levees and revetments to increase channel and floodplain area; 2. Install native riparian species to increase bank roughness. Water Quality Nutrient cycling As channel-floodplain interaction was reduced, the channel became a conduit for nutrients, offering little opportunity for contact time with soils. I. Increase riverine wetland area; 2. Install native riparian plant species,: 3. Set back banks (revetments and levees). Large Woody Debris Organics n Maintai characteristic plant community 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. 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. LWD and Organics: Source of LWD Despite the lack of many sources for LWD, there are some large cottonwoods and big leaf maples that occur along the I. Install native riparian species; 2. Incorporate LWD into bank stabilization and restoration projects. levees and revetment system. SMP Public Review Draft Clean 18 8/7/2019 46 5.3 Plans, Programs, and Completed Projects 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 tha are either currently functioningfor restoration (Cecil B. Moses Park, Codiga Farrniar orth 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 (CIP) 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. SMP Public Review Draft Clean 19 8/7/2019 47 Enhancing existing habitats. These actions could include the removal of non- native invasive vegetation, installation of native riparian vegetation, and installation of LWD below Ordinary High Water. This action will improve the functioning of the aquatic, riverine wetland, and riparian habitats that currently exist along the Green/Duwamish River. Creating off -channel habitat areas. This action would create off channel areas through the excavation of historic fill or floodplain materials to create back channels as fish foraging and refugia areas. Reconnecting wetland habitat to the river. This action would reconnect an old oxbow wetland to the river, allowing for off -channel habitat (Nelson Side Channel). Removing fish barriers where tributary streams discharge to the river. This action would remove flap gates and install fish -friendly flap gates at the mouths of Tukwila's three major streams (Gilliam, Southgate and Riverton) and possibly restore habitat area at these locations in the shoreline jurisdiction. 5.5 Potential 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 mappickntified 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. SMP Public Review Draft Clean 20 8/7/2019 48 6. SHORELINE GOALS AND POLICIES The goals and policies that lead and inspire Tukwila's shoreline actions are found in the Shoreline Element of the City's 2015 Comprehensive Plan. These, along with the narrative in that Chapter, were updated based on the 2009 SMP and 2011 revisions approved by the Department of Ecology. 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 Pre 2009 Regulatory Framework Tukwila's first SMP, adopted in 1974, designated 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 defined 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 stated 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 employed 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. SMP Public Review Draft Clean 21 8/7/2019 49 The City also administered the King County Shoreline Master Program for the areas which had been annexed since the adoption of the City's SMP in 1974. These areas were designated Urban and the setbacks from Ordinary High Water Mark varied from 20 feet to 50 feet depending on whether the use was water dependent, single family or commercial/industrial. See Annexation History (Map 1) for an identification of the areas where the City administered the County's SMP. 200' URBAN ENVIRONMENT 10060' 40' HIGH IMPACT ZONE LOW IMPACT ZONE RIVER ZONE RIVER 200' URBAN ENVIRONMENT 40 60' 100' 14 )I( RIVER LOW HIGH ZONE IMPACT IMPACT ZONE ZONE -MEAN HIGH WATER LINE Figure 1. Pre 2009 Tukwila SMP Shoreline Management Zones (1974 SMP; TMC Chapter 18.44) 7.2 Key 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 river mile 10 upstream from the Interstate 5 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 entire Green/Duwamish River and its tributaries is -are a critical resource for federally protected 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 A. Hanson Dam and are little affected by SMP Public Review Draft Clean 22 8/7/20 19 50 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 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. The County's 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 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. SMP Public Review Draft Clean 23 8/7/20 19 51 Table 2. State Recommended Environment Designation System - WAC 173-26-211 (5) Environment Designation Purpose Applicability to Tukwila Aquatic 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. This designation will be used for the area waterward of the ordinary high water mark which includes the water surface along with the underlying lands and the water column. Natural 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. 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. Rural Conservancy 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 floodplain processes, and provide recreational opportunities. Not applicable to Tukwila. All of the City's shorelines are urbanized. Potential annexation areas are either urbanized or proposed for intensive development. Urban Conservancy The purpose of the "urban conservancy" environment is to protect and restore ecological functions of open space, floodplain and other sensitive lands where they exist in urban and developed settings, while allowing a variety of compatible uses. 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 floodplains are largely disconnected by a series of levees, revetments, and other infrastructure. Shoreline Residential 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. 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. High -Intensity 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. 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. SMP Public Review Draft Clean 24 52 8/7/20 19 7.4 Environment Designations The Natural and Rural Conservancy Environments are not well suited to a highly developed, urbanized river that is navigable for only a small portion of the system and is significantly constrained by levees for flood management, such as the Green/Duwamish River in Tukwila. The City's Shoreline Environments, which are identified on Map 3, are: • Shoreline Residential Environment • Urban Conservancy Environment • High -Intensity Environment • Aquatic Environment The City designated a buffer to replace the prior system of parallel shoreline management zones. Instead of the prior River Environment, a minimum buffer was established for each shoreline environment and allowed uses were 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. SMP Public Review Draft Clean 25 8/7/20 19 53 Table 3. Summary of Buffer Widths for Land Use Zones and Shoreline Ecological Conditions Area Characteristics Environment Buffer Modification MIC/H & Fresh/Salt Water High Intensity 100' The Director may reduce the MIC/L zoned Transition Zone, Lower flooding standard buffer on a case -by -case basis by up to 50% upon property risk, Less than 20' construction of the following cross from North difference from section: City Limits OHWM to top of - 1. Reslope bank from OHWM to EMWS bank, tidal (not toe) to be no steeper than Bridge, and North influence 3:1, using bioengineering techniques Potential Annexation - 2. Minimum 20' buffer landward from top of bank Area - 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. LDR zoned Moderate flooding Shoreline Distance Removal of invasive species and property risk, Less than 25' Residential required replanting with native species of w/o levees difference from to set high habitat value voluntary unless from OHWM to top of back triggered by requirement for a EMWS to bank, tidal slope Shoreline Substantial Development 1-405 influence on northern section from toe at 2.5:1 plus 20' setback, Min. 50' width permit. SMP Public Review Draft - Strikeout 26 54 8/7/2019 Area Characteristics Environment Buffer Modification LDR zoned property with levees from EMWS to 1-405 Moderate flooding risk, Less than 25' difference from OHWM to top of bank, tidal influence on northern section Shoreline Residential 125' Upon reconstruction of levee in accordance with City levee standards, the Director may reduce the buffer to actual width required. Comment: This applies to City - owned property at Fort Dent. Commercially zoned property from 42nd Ave S. Bridge to 1-405 Moderate flooding risk, Less than 25' difference from OHWM to top of bank Urban Conservancy 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 toe to be no steeper than 2.5:1, 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 Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct, indirect or long-term adverse, impacts to shoreline ecological functions. In all cases a buffer enhancement plan must also be approved and implemented as a condition of the reduction. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the shoreline ecological functions. West River bank from 1-405 to South City Limit, Tukwila 205 Levee and South Annexation Area High flooding risk, Federally certified and County levee, large water level fluctuations Urban Conservancy 125' Upon construction or reconstruction of levee in accordance with City levee standards the Director may reduce the buffer to the actual width required. In no case shall the buffer be less than 50 feet. SMP Public Review Draft Clean 27 8/7/2019 55 Area Characteristics Environment Buffer Modification East River bank without levee from 1-405 south to City Limits Moderate flooding risk, 20 to 25' difference from OHWM to top of bank, Moderate slumping risk, large water level fluctuations Urban Conservancy 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 toe to be no steeper than 2.5:1, 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 Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct, indirect or long-term adverse impacts to shoreline ecological functions. In all cases a buffer enhancement plan must also be approved and implemented as a condition of the reduction. The plan must include using a variety of native vegetation that improves the functional attributes of the buffer and provides additional protection for the shoreline ecological functions. East River bank with levee from I-405 to South City Limit Moderate flooding risk, 20 to 25' difference from OHWM to top of bank, Moderate slumping risk, large water level fluctuations Urban Conservancy 125' Upon reconstruction of levee in accordance with City levee standards the Director may reduce the buffer to the actual width required for the levee. In no case shall the buffer be less than 50 feet. Any shoreline environment where street or road runs parallel to the river through the buffer End buffer on river side of existing improved street or roadway. SMP Public Review Draft Clean 28 56 8/7/2019 t7-71,7:17.11, Reach G2 `. It PAA I 1‘ '+,•8 Turning Basin Reach G2 444 jt J1,41 t_ 1J _111 , • 'ff.' • •,•,. • "27'21, \ 1 \ - 03, ) Legend ii Tukwila City Limits r,..."3 PM Potential Annexation Areas Urban Conservancy Shoreline Environment High Intensity Shoreline Environment Shoreline Residential Environment Mg 111 j4-44 TLI #41' /I; 14' / Map 3 Shoreline Environments Reach G 1 PAA SMP Public Review Draft Clean 29 8/7/2019 57 7.5 Determination of Shoreline Buffers The determination of the buffer distances for each shoreline environment was based on several factors including the analysis of buffer functions needed for protecting and restoring shoreline ecological function (as presented in the Shoreline Inventory and Characterization Report) and the need to allow space for bank stability and for protecting human life and structures from damage from high flows, erosion and bank failures. Safety of residents and people who work in buildings along the shoreline has become even more important in recent years due to the increase in stormwater entering the river from increasing impervious surfaces throughout the watershed and increasing frequency and intensity of flows during high ram 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 Chapter 18.45, the Sensitive Areas Ordinance, as well as buffer widths recommended by resource agencies, such as the State Department of Fish and Wildlife, Department of Natural Resources and the recent Biological Opinion issued by National Marine Fisheries Service in relation to FEMA's National Flood Insurance Program. The final buffer widths proposed by staff for each shoreline environment attempted to balance shoreline ecological function needs, human life and property protection needs (including future levee repair/reconstruction), existing land use patterns, and state and federal agency policies. The following information summarizes the analysis carried out and the rationale used for determining buffer widths. A. Buffer Functions Supporting Shoreline Ecological Resources, Especially Salmonids Buffers play an important role in the health of any watercourse and an even more important role when considering the health of salmonids in the Green/Duwamish River system. The key buffer functions for the river are summarized below. The Shoreline Management Act and the Department of Ecology regulations require evaluation of ecological functions and that local SMPs ensure that the policies and regulations do not cause any net loss of shoreline ecological function. In addition, the SMP must identify mechanisms for restoration of lost ecological functions. The crucial issue for the Green/Duwamish River is the presence of salmonids that are on the Endangered Species list. To protect and restore ecological functions related to these species it is important to provide for the installation of native vegetation along the shoreline. Such 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 SMP Public Review Draft Clean 30 8/7/20 19 58 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, which 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 salrnonids.I Tukwila's Sensitive Areas Ordinance (TMC Chapter 18.45) has established a 100-foot buffer for Type 2 watercourses in the city (those that bear salmonid species). The key buffer functions for the river are summarized below. 1. Maintenance of Water Quality Salmonid fish require water that is both colder and has lower nutrient levels than many other types of fish. Vegetated shoreline buffers contribute to improving water quality as described below. a. Water Temperature: The general range of temperatures required to support healthy salmonid populations is generally between 39 degrees and 63 degrees. Riparian vegetation, particularly forested areas, can affect water temperature by providing shade to reduce exposure to the sun and regulate high ambient air temperatures. b. Dissolved Oxygen: Dissolved oxygen is one of the most influential water quality parameters for aquatic life, including salmonid fish. The most significant factor affecting dissolved oxygen levels is water temperature — cooler streams maintain higher levels of oxygen than warmer waters. c. Metals and Pollutants: Common pollutants found in streams, particularly in urban areas, are excessive nutrients (such as phosphorous and nitrogen), pesticides, bacteria and miscellaneous contaminants such as PCBs and heavy metals. Impervious surfaces collect and concentrate pollutants from different sources and deliver these materials to streams during storm events. The ' Endangered Species Act — Section 7 Consultation, Final Biological Opinion and Magnuson —Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation, Implementation of the Flood Insurance Program in the State of Washington, Phase One Document, Puget Sound Region, September, 2008. SMP Public Review Draft Clean 31 8/7/2019 59 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. 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 streams provide food and nutrients for many species of aquatic insects, which in turn provide forage for fish. B. Bank Stability and Protection of Human Lives and Structures The main period of runoff and major flood events on the Green River is from November through February. The lower Green and Duwamish levees and revetments form a nearly continuous bank protection and flood containment system. Farmers originally constructed many of these levees and revetments as the protection to the agricultural lands of the area and this original material is still in place as the structural core. In particular, these protection facilities typically have over -steepened banks and 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 riverbanks 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. SMP Public Review Draft Clean 32 8/7/2019 60 The damage to the levee system in storm events led to discussions among the City, U.S. Army Corps of Engineers and the King County Flood Control District to determine the best levee design to prevent the recurring problem of continued levee repairs. The criteria used to design a levee profile are: • 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. 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 or an environmentally superior solution will reduce the need to continually repair the levee in those areas, thus avoiding such high expenditures in the future and saving money in the long run. The profile discussed above is illustrated in Figure 2 below: SMP Public Review Draft Clean 33 8/7/2019 61 10' li 18' Typical Shoreline Buffer in Leveed Areas•Width Will Vary Reconfigured Levee 2" . PPTI•1041.4i1". Maintenance Easement Reconfigured....Slopn.averages..2.51 with bench Minimum Levee. Profile Not To Scale Vegetated Bench Figure 2. Briscoe Levee Profile Willows Existing Levee - Ordinary High Water Mark OHWM 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 1-405; 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.2 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 1-405 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 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 2 The 125 foot distance includes a slope no steeper than 2.5:1 with a mid -slope bench incorporated, 18 feet at the top of the levee and 10 feet on the back side of the levee for access and inspection. SMP Public Review Draft Clean 34 8/7/2019 62 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: (1) the need to achieve bank stability and protect structures along the shoreline from damage due to erosion and bank failures; and (2) 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 Sensitive Areas Ordinance 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 protection of human life and property 7.6 Shoreline Residential Environment A. Designation Criteria All properties zoned for single-family use from the ordinary high water mark landward 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. SMP Public Review Draft Clean 35 8/7/20 19 63 The purpose of the river buffer in the shoreline residential environment is to: • Ensure no net loss to shoreline ecological functions; • Help protect water quality and habitat function by limiting allowed uses; • Protect existing and new development from high river flows by ensuring sufficient setback of structures; • Promote restoration of the natural character of the shoreline environment; and • Allow room for reconstructing over -steepened riverbanks 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: ZONE Number of parcels within 50 feet of OHWM Number of vacant parcels within 50 feet Number of parcels with structures within 50 feet / % Number of parcels within 100 feet of OHWM Number of vacant parcels within 100 feet Number of parcels with structures within 100 feet / % LDR 135 12 67 49% 201 25 165 / 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 Tukwila Municipal Code Section 18.44.110, which permits an expansion of only 50% of the square footage of the current area that intrudes into the buffer and only along the ground floor of the structure. For example, if 250 square feet of a building extended into the proposed buffer, the ground floor could be expanded a maximum of 125 feet in total area along the existing building line. A buffer of 100 feet was considered for the shoreline residential properties, with the potential of a property owner applying for a buffer reduction of 50%; however, under the Shoreline Management Act, this would have required an application for a shoreline variance for each requested buffer reduction, a process that requires review and approval both at the local and state level (Ecology must review and approve the variance in addition to the City of Tukwila). This did not seem a reasonable process to require of so many property owners. SMP Public Review Draft Clean 36 8/7/2019 64 The riverbank 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 20 feet from top of reconfigured river bank 50' min Buffer Ordinary High Water Mark -zRiverz. Figure 3. Schematic of Shoreline Residential Environment and Buffer The proposed buffer area for the Shoreline Residential Environment will allow for removal of invasive plants, planting of native vegetation in the riparian zone and inclusion of other features to improve shoreline habitat. It also will prevent the placement of any structures in an area that could potentially prove unstable. In the event of bank erosion or slope failures, the buffer will provide sufficient space for re -sloping the bank to a more stable 2.5:1 slope, either through bank stabilization projects or through natural bank failures that result in the natural angle of repose (2.5:1 or greater). 7.7 Urban Conservancy Environment A. Designation Criteria This environment will be designated in the area between the Ordinary High Water Mark and 200 feet landward as regulated under the Shoreline Management Act and applied to all shorelines of the river except the Shoreline Residential Environment and the High Intensity Environment. The Urban Conservancy Environment areas are currently developed with dense urban multifamily, commercial, industrial and/or transportation uses or are designated for such uses in the proposed south_annexation area. This environment begins at the southern end of the Turning Basin and includes portions of the river where levees and revetments generally have been constructed and where the river is not navigable to large water craft. Uses will be restricted immediately adjacent to the river by establishment of a minimum protective buffer. SMP Public Review Draft Clean 37 8/7/20 19 65 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, floodplain 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 riverbank 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 riverbank and can only be determined on a site -by -site basis. As an alternative to the 100-foot buffer, a property owner may re -slope the riverbank to be no steeper than 2.5:1, provide a 20-foot setback from the top of the new slope and vegetate both the riverbank 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 SMP Public Review Draft Clean 38 8/7/2019 66 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 no case shall the buffer be less than 50 feet. In areas of the river where this condition currently exists or where the property owner has constructed these improvements, the buffer width will be the actual distance as measured from the ordinary high water mark to the top of the bank plus 20 feet. The shoreline jurisdiction and buffers for the Urban Conservancy Environment are depicted in the schematic in Figures 4 and 5 below. 200' Urban Conservancy Environment 100' Allow room to reconfigure river bank to Buffer 2.5:1 slope Ordinary High Water Mark Figure 4. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy Environment in Areas without Levees Buffer in Levee Areas: For properties located behind the Army Corps of Engineers (ACOE) Certified 205 levee and County constructed levees, the buffer will extend 125 feet landward from the ordinary high water mark, determined at the time of development or redevelopment of the site or when levee replacement or repair is programmed. This buffer width is the maximum needed to reconfigure the riverbank to the minimum levee profile arid to achieve an overall slope of 2.5:1, the "angle of repose" or the maximum angle of a stable slope. The establishment of the 2.5:1 slope along the Corps certified 205 levee in the Tukwila Urban Center will allow for incorporating a mid -slope bench that can be planted with vegetation to improve river habitat. The mid -slope bench also will allow access for maintenance equipment, when needed. An 4#eeii4eeteasement to allow access for levee inspection is required on the landward side of the levee at the toe. SMP Public Review Draft Clean 39 8/7/2019 67 200' Urban Conservancy Environment I I 125' A I I Allow room tt I for Levee i 1 repair or f Buffer 1 replacement 1 1 i Ordinary High Water Mark Figure 5. Schematic of Shoreline Jurisdiction and Buffers for the Urban Conservancy Environment in Areas with Levees As an alternative to the 125 foot buffer for leveed areas, a property owner may construct levee or riverbank improvements that meet the Army Corps of Engineers, King County Flood Control District, and City of Tukwila minimum levee standards. These standards at a minimum shall include an overall slope no steeper than 2.5:1 from the toe of the levee to the riverward edge of the crown, 161-foot access across the top of the levee, a 2:1 back slope, and an additional 15 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 achieving an overall slope of 2.5:1 the slope should be as close to 2.5:1 as possible. A floodwall is not the preferred back slope profile for a levee but may be substituted for all or a portion of the back slope where necessary to avoid encroachment or damage to a structure legally constructed prior to the date of adoption of this Master Program which has not lost its nonconforming status and to preserve access needed for building functionality. The floodwall shall be designed to provide 15 --foot clearance between the levee and the building or 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 or to provide area for waterward habitat restoration. In areas of the river where the property owner or a government agency has constructed a levee with an overall waterward slope of 2.5:1 or flatter, 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 15 feet. In the event that the owner provides the City and/or applicable agency with a 15 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. P Public Review Draft Clean 40 8/7/20 19 68 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 15 feet landward of the underground levee toe shall be covered by an easement prohibiting the construction of any structures and allowing the City and/or applicable agency to access the area to inspect the levee and/or floodwall and make any necessary repairs. See Figure 56 below. Buffer that could Be Replaced by Easements New Ground Plane Fill 10' 2 Access/ Inspection 1 Buffer Reduction Landward Levee Toe 2* I Proposed Levee 18' Top Width Buffer Reduction with Backfill Option Not To Scale Figure 6. Schematic of Buffer Reduction Through Placement of Fill on Levee Back Slope 7.8 High Intensity Environment A. Designation Criteria The High Intensity Shoreline Environment area is currently developed with high intensity urban commercial, industrial and/or transportation uses or is designated for such uses in the proposed north annexation area. This environment begins at the Ordinary High Water Mark and extends landward 200 feet and is located from the southern edge of the Turning Basin north to the City limits and includes the North PAA. This Environment is generally located along portions of the Duwamish River that are navigable to large watercraft. Uses will be restricted immediately adjacent to the river by establishment of a minimum protective buffer. The Transition Zone is located partly in the High Intensity Environment. The Transition Zone is the location where freshwater from a river and saltwater from the marine salt wedge mix creating brackish conditions. Often it is also where the river widens, stream velocities decrease and estuarine mudflats begin to appear. Habitat associated with the Transition Zone is critically important for juvenile Chinook and chum smolts making the transition to salt water. The Transition Zone moves upstream and downstream in response to the combination of stream flow and tidal elevations and as a result varies over a twenty four SMP Public Review Draft Clean 41 8/7/2019 69 24-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 are to: • Protect existing and restore degraded ecological functions of the open space, floodplain 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 riverbank 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 riverbank, and can only be determined on a site -by -site basis. Allow room to reconfigure river bank to 3:1 slope 200' High Intensity Environment 1< 100' Ordinary High Water Mark >I Rive' Figure 7. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High Intensity Environment SMP Public Review Draft Clean 42 70 8/7/20 1 9 As an alternative to the 100-foot buffer, a property owner may re -slope the riverbank to a maximum 3:1, provide a 20-foot setback from the top of the new slope and vegetate both the riverbank 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 no case shall the buffer be less than 50 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. Seetiei,7.9 Aquatic Environment A. Designation Criteria All water bodies within the City limits and its potential annexation area under the jurisdiction of the Shoreline Management Act waterward of the ordinary high water mark. The aquatic environment includes the water surface together with the underlying lands and the water column. B. Purpose The purpose of this designation is to protect the unique characteristics and resources of the aquatic environment by managing use activities to prioritize preservation and restoration of natural resources, navigation, recreation and commerce, and by assuring compatibility between shoreland and aquatic uses. 8. SHORELINE USE REGULATIONS AND DEVELOPMENT STANDARDS Uses that are permitted outright, permitted as a Conditional Use, or prohibited altogether for each Shoreline Environment are provided in TMC Section 18.44.030 along with special conditions and general requirements controlling specific uses. These regulations are intended to implement the purpose of each Shoreline Environment designation adopted with this SIVIP. Development standards such as setbacks, height limitations, water quality regulations, flood hazard reduction, shoreline stabilization, protection of archaeological resources, environmental impact mitigation, parking and over water structures requirements are codified in TMC Chapter 18.44. SMP Public Review Draft Clean 43 8/7/2019 71 The Administrative procedures codified in TMC Chapter 18.44 are designed to: • Assign responsibilities for implementation of the Master Program and Shoreline Permits. • 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 These procedures include permit application requirements, conditional use approval criteria, variance approval criteria, and regulations for non -conforming development. 9. ENVIRONMENTALLY CRITICAL AREAS WITHIN THE SHORELINE JURISDICTION 9.1 Applicable Critical Areas Regulations A. The following critical areas shall be regulated in accordance with the provisions of the Critical Areas Ordinance TMC Chapter 18.45,1, tOrdinance #, date), which is herein incorporated by reference into this SMP, except for the provisions excluded in subsection B of this section: 1. Wetlands 2. Watercourses (Type F, Type Np, Type Ns) 3. Areas of potential geologic instability 4. Abandoned mine areas 5. Fish and wildlife habitat conservation areas Such critical area provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provision adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of TMC Chapter 18.45 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. B. The following provisions of TMC Chapter 18.45 do not apply within the Shoreline jurisdiction: 1. Sensitive Critical Area Master Plan Overlay (TMC Section 18.45.160) 2. Reasonable Use Exception (TMC Section 18.45.180). 3. Permitting, Appeals, and Enforcement Procedures (TMC Section 18.45.195) SMP Public Review DraftClean 44 8/7/20 19 72 C. Critical areas comprised of frequently flooded areas and areas of seismic instability are regulated by the Flood Zone Management Code (TMC Chapter 16.52) and the Washington State Building Code, rather than by TMC Chapter 18.44. 9.2 Purpose A. The Growth Management Act (RCW 36.70A) and Shoreline Management Act (RCW 90.58) requires protection of critical areas (sensitive areas), defined as wetlands, watercourses, frequently flooded areas, geologically hazardous areas, critical aquifer recharge areas, and fish and wildlife conservation areas, 18.44 B. The purpose of protecting environmentally critical 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—wai4aI4e—se+eiee-the the most current, accurate, and complete scientific and technical information available in the regulation and protection of critical areas as required by the state Shoreline Management Act, according to WAC 080173-26-201 and WAC 173-26-221. C. The goal of these critical area regulations watercourse, oi fish and wildlife c is to provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessaryto sustain shoreline natural resources. Critical areas currently identified in the shoreline jurisdiction are discussed in the Shoreline Inventory and Characterization Report, which forms part of this Shoreline Master Program. SMP Public Review Draft Clean 45 8/7/2019 73 The locations are mapped on the Sensitive Areas in the Shoreline Jurisdiction Map (Map 5). This map is based on assessment of current conditions and review of the best available information. However, additional sensitive areas may exist within the shoreline jurisdiction and the boundaries of the sensitive areas shown are not exact. It is the responsibility of the property owner to determine the presence of sensitive areas on the property and to verify the boundaries in the field. Sensitive- i ns for abandoned mine areas do not apply as none of thes SMP Public Review Draft Clean 46 8/7/20 19 74 Legend Tukwila City Limits Type 2 Shortfine Wetland tttitttv Type 2 Shoreline Wetland Buffer (80) Fish & W0dkfe Habitat Conservation Alva L....A Fish & Wildlife Habitat Buffer (1001 Type 2 Stream Type 2 Stream in Pipe Type 3 Stream Type 3 Slream in Pipe Type 4 Stream imfmric Type 4 Stream in Pipe Type 2 Watercourse Buffer (100') Type 3 Watercourse Buffer (80') Type 4 Watercourse Buffer (501 200ft River Buffer Slope Classifications 2 .4 cAla Omr114 (4; :44 tcs•teo 3 aotlFah ISIEtt.ylnlvaralEIVO.11CaN :0,I7c4. 01. IC atea 4 .14 004.614 'Ash and Willie Handal OarYderration Areas storm are Salmon habitat earaoptimeni rejects completed or underpay, The miter ascii is also a fish and Attalla Foetal Conrznalien Area. 1,112, lir 4 Map 5 Sensitive Areas In the Shoreline The marring of areas at Wetted geologic instaboity s approximate On site vti fiCatal 01 topgraphy and geology is receswy Waded and ',rations are approxkne only and walEtwines shmn its map have not been surveyed al r, ttit 6.1 if ittP 1, 15, ttit I/4p s as. , .<0 4-ttttot trtAft "=.5 MILE SMP Public Review Draft Clean 47 8/7/2019 75 10. 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. 180th Street. A habitat restoration project is underway at Duwamish Riverbend Hill on South 115th Street, which also includes public access to the river. The Shoreline 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. 180th on the left bank to the end of the south annexation area. A pedestrian bridge to link the area south of S. 180th 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. A comprehensive regional inventory of public access points to the River should be completed to identify gaps and opportunities. Requirements for public access to shorelines have been codified in TMC Chapter 18.44. SMP Public Review Draft Clean 48 8/7/20 1 9 76 Turning Basin � Legend Tukwila City Limits r ! Potential Annexation Areas City of' Tukwila Properly Interurban Trail Green River Trail Potential New Trail Street Ends Potential '" Public Access ad Potential Trail Map 6 Shoreline Public Access Green River Trail Interurban Trail SMP Public Review Draft Clean 49 8/7/2019 77 11. 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. The river and its tributaries support salmon runs and resident trout, including the ESA -listed Chinook salmon, Bull Trout and Steelhead. If any portion of a project falls within the shoreline jurisdiction, then the entire project will be reviewed under the shoreline specific guidelines codified in TMC Chapter 18.44, as well as the relevant sections of the Design Review Chapter of the Zoning Code (TMC Chapter 18.60). The standards of TMC Chapter 18.60 shall guide the type of review, whether administrative or by the Board of Architectural Review. The 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. 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 Shoreline Restoration Plan do not require an amendment to the Shoreline Master Program. SMP Public Review Draft Clean 78 50 8/7/2019 13. 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. 13.1 Applicability of Shoreline Master Program and Substantial Development Permit A. Development in the Shoreline Jurisdiction Based on guidelines in the Shoreline Management Act for a minimum shoreline jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The Tukwila Shoreline Jurisdiction includes the channel of the Green/Duwamish River, its banks, the upland area which extends from the ordinary high water mark landward for 200 feet on each side of the river, floodways and all associated wetlands within its floodplain. The floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity. B. Applicability The Tukwila Shoreline Master Program applies to uses, change of uses, activities or development that occurs within the above -defined shoreline jurisdiction. All proposed uses and development occurring within the shoreline jurisdiction must conform to Chapter 90.58 RCW, the Shoreline Management Act, and this Master Program whether or not a permit is required. Except that requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following described in WAC 173-27-044 and WAC 173-27-045: 1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW. 2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. SMP Public Review Draft Clean 51 8/7/2019 79 3. WSDOT facility maintenance and safety improvements. Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review. 4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. 5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to Chapter 80.50 RCW. 13.2 Relationship to Other Codes and Regulations 1. Compliance with this Master Program does not constitute compliance with other federal, state, and local regulations and permit requirements that may apply. The applicant is responsible for complying with all other applicable requirements. 2. Where this Master Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply. 3. When any provision of this Master Program or any other federal, state, or local provision conflicts with this Master Program, the provision that is most protective of shoreline resources shall prevail, except when constrained by federal or state law, or where specifically provided otherwise in this Master Program. 4. Relationship to Critical Areas Regulations. (a) For protection of critical areas where they occur in shoreline jurisdiction, this Master Program adopts by reference the City's Critical Areas Ordinance, which is incorporated into this Master Program with specific exclusions and modifications in Section 9 of this SMP. (b) All references to the Critical Areas Ordinance are for the version adopted [SAO adoption date]. Pursuant to WAC 173-26-191(2)(b), amending the referenced regulations in the Master Program for those critical areas under shoreline jurisdiction will require an amendment to the Master Program and approval by the Department of Ecology. (c) Within shoreline jurisdiction, the Critical Areas Ordinance shall be liberally construed together with this Master Program to give full effect to the objectives and purposes of the provisions of this Master Program and Chapter 90.58 RCW. 14. 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. SMP Public Review Draft Clean 52 8/7/2019 80 15. MASTER PROGRAM REVIEW AND AMENDMENTS 15.1. 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. 15.2 Any provision of this Master Program may be amended as provided for in RCW 90.58.080 and WAC 173-26-090 and 173-26-100. Amendments or revisions to the Master Program, as provided by law, do not become effective until 14 days following written approval by the Washington State Department of Ecology. 15.3 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 and this program. 16. LIABILITY 16.1. 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. 16.2 No provision of or teixii 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. SMP Public Review Draft Clean 53 8/7/20 1 9 81 82 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; REPEALING VARIOUS DEFINITIONS AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 18.06, "DEFINITIONS"; REPEALING ORDINANCE NO. 2346 AND 2549 §23; REENACTING TMC CHAPTER 18.44, "SHORELINE OVERLAY," TO ESTABLISH NEW REGULATIONS RELATED TO SHORELINE USES; AMENDING VARIOUS ORDINANCES AS CODIFIED IN TMC SECTIONS 18.52.030, 18.60.050 AND 18.104.010 TO UPDATE ZONING REGULATIONS RELATED TO SHORELINE USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 90.58 finds that shorelines of the state are among the most valuable and fragile of its natural resources and that unrestricted construction on privately and publicly owned shorelines of the state is not in the best public interest; and WHEREAS, RCW 90.58 establishes a hierarchy of preference for uses in shorelines of state-wide significance: recognizing and protecting the state-wide interest over local interest; preserving the natural character of the shoreline; resulting in long term over short term benefit; protecting the resources and ecology of the shoreline; increasing public access to publicly owned areas of the shorelines; increasing recreational opportunities for the public in the shoreline; and providing for any other element as defined in RCW 90.58.100 deemed appropriate or necessary; and WHEREAS, RCW 90.58.080 directs local governments to develop and administer local shoreline master programs for regulation of uses on shorelines of the state; and WHEREAS, the Green/Duwamish River, a shoreline of the state regulated under RCW 90.58, runs through the entire length of the City of Tukwila; and WHEREAS, Puget Sound Chinook Salmon and Bull Trout have been listed as Threatened under the Federal Endangered Species Act, and the Green/Duwamish River throughout Tukwila is a critical resource for these species, making shoreline habitat protection and restoration crucial, particularly in the Transition Zone portion of the river that extends from the East Marginal Way South bridge through the north City limits; and W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 1 of 93 83 WHEREAS, Tukwila's current Shoreline Master Program was adopted in 2009 and revised per Department of Ecology comments in 2011; and WHEREAS, the City is conducting a required periodic update of its Shoreline Master Program per RCW 90.58.080 (4)(b)(i) using the joint review process with the Department of Ecology; and WHEREAS, the City Council adopted a Public Outreach Plan that incorporated a variety of methods to notify the general public and property owners along the shoreline of the proposed Shoreline Master Program update including an open house, mailings to property owners and tenants, notice in a stormwater bill, postings on the City's web site, creation of a broadcast e-mail group who received updates of the shoreline review process and articles in the City's newsletter "The Hazelnut;" and WHEREAS, the Planning Commission reviewed a public review draft Shoreline Master Program, held a public hearing on March 28, 2019, and recommended adoption of a revised Shoreline Master Program to the City Council on April 25, 2019; and WHEREAS, an environmental checklist was prepared for the draft Shoreline Master Program update as recommended by the Planning Commission and a Determination of Non -Significance was issued May 15, 2019; and WHEREAS, the City Council held a public hearing on June 24, 2019, to review the Planning Commission recommended draft Shoreline Master Program; and WHEREAS, the City Council reviewed written and verbal testimony and approved revisions to the Planning Commission recommended draft Shoreline Master Program to address issues raised by interested parties, individual councilmembers, staff and the Department of Ecology; and WHEREAS, notice has been provided to the Washington State Department of Commerce pursuant to RCW 36.70A.106; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §8, as codified in Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," under the subparagraph entitled "Development, Shoreline," is hereby amended to read as follows: Development, Shoreline "Development, shoreline" means, when conducted within the Shoreline Jurisdiction on shorelands or shoreland areas as defined herein, a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; construction of bulkheads; driving of piling; placing of obstructions; or any project of a permanent or temporary nature that interferes with the normal public use of the waters overlying lands subject to the Shoreline Management Act at any stage of W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 2 of 93 84 water level. "Development, Shoreline" does not include dismantling or removing structures if there is no other associated development or re -development. Section 2. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §15, as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Floodway," is hereby amended to read as follows: Floodway afeas-444a-t---must-lae--resefved4Hareler-te-ciissilaFge-t-i4e-laase-fiG "Floodway" means the area that has been established in effective federal emergency management agency flood insurance rate maps or floodway maps. The floodway does not include lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state. Section 3. TMC Section Adopted. A new section is hereby added to TMC Chapter 18.06, "Definitions," as follows: Nonconforming Structure, Shoreline "Nonconforming Structure, Shoreline" 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. Section 4. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "River Channel," is hereby amended to read as follows: River Channel "River Channel" means that area of the river environment lying riverward of the mean high water mark. Section 5. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §33, as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Shoreline Areas," is hereby amended to read as follows: Shorelines or Shoreline Areas "Shorelines" or "Shoreline areas" means all "shorelines of the state" and "shorelands" as defined in RCW 90.58.030. Section 6. TMC Chapter 18.06, "Definitions," Amended. Ordinance No. 2347 §33, as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Shoreline Areas," is hereby amended to read as follows: Substantial Development. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 3 of 93 85 "Substantial development" means any development of which the total cost or fair market value exceeds"— , • • S7,047.00 or any development that materially interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this definition must be adjusted for inflation by the Office of Financial Management every five years, beginning July 1, 2007, based upon changes in the Consumer Price Index during that time period. "Consumer Price Index" means, for any calendar year, that year's annual average Consumer Price Index, Seattle, Washington area, for urban wage earners and clerical workers, all items, compiled by the Bureau of Labor and Statistics, United States Department of Labor. In accordance with WAC 173-27-040, as it now reads and as hereafter amended, the following shall not be considered developments which require a shoreline substantial development permit, although shall still comply with the substantive requirements of the Shoreline Master Program: 1. Normal maintenance or repair of existing structures or developments, including repair of damage caused by accident, fire, or elements. 2. Emergency construction necessary to protect property from damage by the elements. 3. Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels. A feedlot of any size, all processing plants, other activities of a commercial nature, and alteration of the contour of the shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations. 4. Construction or modification of navigational aids such as channel markers and anchor buoys. 5. Construction on shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his or her family, which residence does not exceed a height of 35 feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter. 6. Construction of a dock, including a community dock, designed for pleasure craft only, for the private non-commercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception applies if either: (a) In salt waters, the fair market value of the dock does not exceed $2,500; Or (b) in fresh waters, the fair market value of the dock does not exceed $10,000, but: i) S20,000 for docks that are constructed to replace existing docks, and are of equal or lesser square footage than the existing dock being replaced; or W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 4 of 93 86 ii) $10,000 for all other docks constructed on fresh waters., but iii) However, if subsequent construction occurs within five years of completion of the prior construction, and the combined fair market value of the subsequent and prior construction exceeds the amount specified above, the subsequent construction shall be considered a substantial development for the purpose of this chapter. 7. Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored groundwater for the irrigation of lands. 8. The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water. 9. Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system. 10. Site exploration and investigation activities that are prerequisite to preparation of an application for development authorization under this chapter, if: a. The activity does not interfere with the normal public use of the surface waters; b. The activity will have no significant adverse impact on the environment including, but not limited to, fish, wildlife, fish or wildlife habitat, water quality, and aesthetic values; c. The activity does not involve the installation of a structure, and upon completion of the activity the vegetation and land configuration of the site are restored to conditions existing before the activity; d. A private entity seeking development authorization under this section first posts a performance bond or provides other evidence of financial responsibility to the local jurisdiction to ensure the site is restored to preexisting conditions; and e. The activity is not subject to the permit requirements of RCW 90.58.550 (Oil and Natural Gas exploration in marine waters). 11. The process of removing or controlling an aquatic noxious weed, as defined in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable to weed control that are recommended by a final environmental impact statement published by the Department of Agriculture or the department jointly with other state agencies under chapter 43.21C 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 10 miles of stream reach, in which less than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged, W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 5 of 93 87 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 citizens of the state, provided that any structure, other than a bridge or culvert or instream habitat enhancement structure associated with the project, is less than 200 square feet in floor area and is located above the ordinary high water mark of the stream. 13. Watershed restoration plan, which means a plan, developed or sponsored by the Department of Fish and Wildlife, the Department of Ecology, the Department of Natural Resources, the Department of Transportation, a federally recognized Indian tribe acting within and pursuant to its authority, a city, a county or a conservation district that provides a general program and implementation measures or actions for the preservation, restoration, re-creation, or enhancement of the natural resources, character, and ecology of a stream, stream segment, drainage area or watershed for which agency and public review has been conducted pursuant to the State Environmental Policy Act. 14. A public or private project that is designed to improve fish or wildlife habitat or fish passage, when all of the following apply: a. The project has been approved in writing by the Department of Fish and Wildlife; b. The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to Chapter 77.55 RCW; and c. The local government has determined 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. 15. The external or internal retrofitting of an existing structure for the exclusive purpose of compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seg.) or to otherwise provide physical access to the structure by individuals with disabilities. Section 7. Section Numbers within TMC Chapter 18.06, "Definitions," Amended. As a result of amendments contained herein, the section number for some definitions in TMC Chapter 18.06, "Definitions," may be changed as part of codification of this ordinance including, but not limited to, the following: Current Section Number Definition 18.06.330 Floodplain W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 6 of 93 88 18.06.472 18.06.590 18.06.591 18.06.592 18.06.593 18.06.594 18.06.595 Large Woody Debris (LWD) Nonconforming Use Non -Water -Oriented Uses Office Open Record Appeal Open Record Hearing Open Space Section 8. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "High -Impact Environment," is hereby repealed. 44411-impac-t-enviconmentf Azileacts-the--ar-eambetweeR4Ile--44:irenment---ari4 a-preint-20431warcl-fr-efil-the-mean-11igl-water-Faa4995) Section 9. Repealer. Ordinance No. 2347 §19, as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Levee, Minimum Profile," is hereby repealed. "Levee, minimum profile" means the minimum levee profile for any ncw or 15 foot mid slope bench for maintenance access and native vegeta Section 10. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Low -Impact Environment," is hereby repealed. "Low impact environment" rncans the area between the River Environment and a poiat-400--feet-lapdwaccl-frem4he-mean-Iffigh-water--MaFk-having-envir-enmentally-protestive la44€1-use-regulations-as-estabhed-in-the-ShoFeline-Over-lay-DistriGt-ohapter--ef-t14i-s4itle, Section 11. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "River Environment," is hereby repealed. 44iver--eRvir-GRITIe4g-111eafls--the-ar-ea-laetween-tIle-rnean-high-water--mar-k-and-a-pGiflt 40-feet-landwar-€1--from-the-mean-high-water--mack,hav-ing-ticie-m05t-eiwir-eRmenta11y pfoteGtive4and-use--reguatiens-as--established-in-the-Shefeline-Over-lay-DiStr-jGt-ohapteF-ef this title. Section 12. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Shoreline," is hereby repealed. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 7 of 93 89 acres or larger or where the mean flow is 20 cubic foot per second or greater. (Ord. 1758 .§1 (part), 1995) Section 13. Repealer. Ordinance No. 2346 as codified at Tukwila Municipal code Chapter 18.44 is hereby repealed in its entirety. Section 14. Repealer. Ordinance No. 2549 (S 23) is hereby repealed. Section 15. TMC Chapter 18.44 Reenacted. Tukwila Municipal Code (TMC) Chapter 18.44, "Shoreline Overlay," is hereby reenacted to read as follows: CHAPTER 18.44 SHORELINE OVERLAY Sections: 18.44.010 18.44.020 18.44.030 18.44.040 18.44.050 18.14,060 18.1 . 18.44.070050 18.44.080060 18.44.090070 18.44.100080 18.44.110090 18.44.120100 18.44.130110 18.44.140120 18.44.150130 18.44.160140 Purpose and Applicability Shoreline Environment Designations Principally Permitted Uses and Shoreline Use and Modification Matrix Urban Conservancy Environment Uses High Intensity Environment Uses Shoreline Buffers Development Standards Vegetation Protection and Landscaping Environmentally Sensitive Critical Areas within the Shoreline Jurisdiction Public Access to the Shoreline Shoreline Design Guidelines Shoreline Restoration Administration Appeals Enforcement and Penalties Liability Section 16. TMC Section 18.44.010 is hereby reenacted to read as follows: 18.44.010 Purpose and pplicability A The purpose of this chapter is to implement the Shoreline Management Act of 1971, as amended, and the rules and regulations thereunder as codified in the Washington Administrative Code; and to provide for the regulation of development that affects those areas of the City under the jurisdiction of the Shoreline Management Act. In particular, the purpose of this chapter is to: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 90 Page 8 of 93 1. Recognize and protect shorelines of State-wide significance; 2. Preserve the natural character of the shoreline; 3. Protect the resources and ecology of the shoreline; 4. Increase public access to publicly -owned areas of the shoreline; 5. Increase recreational opportunities for the public in the shoreline: 6. Protect and create critical Chinook salmon habitat in the Transition Zone of the Green River. B. Applicability of Amended Zoning Code. After the effective date of this ordinance, Chapter 18.44 of the Zoning Code, as hereby amended, shall apply to all properties subject to the shoreline overlay, provided that nothing contained herein shall be deemed to override any vested rights or require any alteration of a non -conforming use or non -conforming structure, except as specifically provided in Chapter 18.44 of the Zoning Code, as amended. C. Pursuant to WAC 173-26-191 (2)(c), this chapter, together with the Shoreline Element of the Comprehensive Plan, constitutes the City of Tukwila's Shoreline Master Program. Any modifications to these documents will be processed as a Shoreline Master Pro ram Amendment and re uire a royal b the De artment of Ecolo Section 17. TMC Section 18.44.020 is hereby reenacted to read as follows: 18.44.020 Shoreline Environment Designations All shoreline within the City is designated "urban" and further identified as follows: 1. Shoreline Residential Environment. All lands zoned for residential use as measured 200 feet landward from the Ordinary High Water Mark (OHWM). 2. Urban Conservancy Environment. All lands not zoned for residential use upstream from the Turning Basin as measured 200 feet landward from the OHWM. 3. High Intensity Environment. All lands downstream from the Turning Basin as measured 200 feet landward from the OHWM. 4. Aquatic Environment. All water bodies within the City limits and its potential annexation areas under the jurisdiction of the Shoreline Management Act waterward of the Ordinary High Water Mark. The Aquatic Environment includes the water surface together with the underlying lands and the water column. Section 18. TMC Section 18.44.030 is hereby reenacted to read as follows: 18.44.030 Principally Permitted Uses and Shoreline Use and odification Matrix A. TMC Section 18.44.030(A), including the Use Matrix (Figure 18-1), 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. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 9 of 93 91 B. In the matrix, shoreline environments are listed at the top of each column and the specific uses are listed along the left-hand side of each horizontal row. The cell at the intersection of a column and a row indicates whether a use may be allowed in a specific shoreline environment and whether additional use criteria apply. The matrix shall be interpreted as follows: 1. If the letter "P" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment if the underlying zoning also allows the use. Shoreline (SDP, CUP and Variance) permits may be required. 2. If the letter "C" appears in the box at the intersection of the column and the row, the use may be allowed within the shoreline environment subject to the shoreline conditional use review and approval procedures specified in TMC Section 18.44.130.C110(E). 3. If the letter "X" appears in the box at the intersection of the column and the row, the use is prohibited in that shoreline environment. C. In addition to the matrix above, the following general use requirements also apply to all development within the shoreline jurisdiction. Additional requirements controlling specific uses are set forth for each Shoreline Environment designation, to implement the purpose of the respective Shoreline Environment designations. 1. The first priority for City -owned property_, other than right-of-way, within the shoreline jurisdiction shall be reserved for water -dependent uses including but not limited to habitat restoration, followed by water -enjoyment uses, public access, passive recreation, passive open space uses, or public educational purposes. 2. No hazardous waste handling, processing or storage is allowed within the SMA shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline environment and adequate controls are in place to prevent any releases to the shoreline/river. 3. Overwater structures, shall not cause a net loss of ecological function, interfere with navigation or flood management, or present potential hazards to downstream properties or facilities. They shall comply with the standards in the Overwater Structures Section of TMC Section 18.44.070050(K). 4. Parking as a primary use is not permitted, except for existing Park and Ride lots, where adequate stormwater collection and treatment is in place to protect water quality. Parking is permitted only as an accessory to a permitted or conditional use in the shoreline jurisdiction. 5. All development, activities or uses, unless it is an approved overwater, flood management structure or shoreline restoration project, shall be prohibited waterward of the OHWM. VV: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 10 of 93 92 SHORELINE USE MATRIX* P=May beaxowcdpermitted subject to Shoreline Residential Urban Conservancy High Intensity Aquatic Envirnnmen t development standards and permitting C=May beaA*wee-permittedasaShoreline Conditional Use. X=The use oractivity |sprohibited Not Buffer-(44 Non' 8uffer Buffer k-24 Non- Buffer Buffer Non' Buffer Allowed |nShoreline Jurisdiction AGRICULTURE Farming and farm -related activities X X X P X X X Aquacu|tu,e X X X X X X X COMMERCIAL ( General X X X p X p(62) p(&3) Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building) X X X [ X [(92) X Contractors storage yards X C X C(82) X VVater'orienteduses 42C p 42[ p -12C P P[ VVater'dependent.vses. PkA p(s) p(4) p(4) P P Storage P (6). P(5) P(s) P (5) £ X' CIVIC/INSTITUTIONAL General X P X P X P X DREDGING Dredging for remed1atinnofoontaminate� ~ [(7) NA --- C(7) NA [0 2NA C (7) substances Dredging for nnain�enanceofes��|ished ' NA NA N& NA J&4 NA P(8) navigational channe| ,N4 NA NA NA NA 'N4 C(9) Dredge material disposal X |Y X & X X X Dredging for fill NA NA NA lNA NA NA X ESSENTIAL PUBLIC FACILITY (Water Dependent) G P G P C-2 C-P C-p — C-P P�� ESSENTIAL PUBLIC FACILITY (Nonwater Dependent)(A1l) C C C C [ C C FENCES [(11) FILL��i��}�� General C(12) p [(12) P C(l2) 2 [(lZ) Fill for remediadon'flood hazard reduction P(1B) p P(£U P(13) P(13) torecological restoration � W: Legislative onvrmpmen83MP-Zoning Code changes 8-64e N{BMo:bjo Review and analysis uyBarbara Saxton Page 11 of 93 93 | / FLOOD HAZARD MANAGEMENT Flood hazard reduction (l4) P P p P P P p Shoreline stabilization (I5) p p P P P P p INDUSTRIAL (J6-z General X X p(53) p p(53) P(82) p<�I Animal rendering X X X [ X X X Cement manufacturing X X X C X [(82) 'X Hazardous substance processing and handling & hazardous waste treatment and storage facilities (on nrnff-site) () X X X X X X X Rock crushing, asphalt orconcrete batchin8 ormixing, stone cutting, brick manufacture, marble works, and the .assembly ofproducts from the above materials X X X C X C(8�2) X Salvage and wrecking operations X X X [ X [(82) X Tow -truck operations, subject toall additional State and local regulations X X X C X ' P (82) K Truck terminals X X X P X P(82) X VVateporienteduses X X 42C P 42C P p[ Water -dependent uses (I7) X X p(4) P P(4\ f, P MINING ' General X X V X X X X {ng X X X X X X G orcd Piers, docks, and other overwaterstructures p(19) NA p(ZO) N6 p(2O) NA P(ZO'ZI) Vehicle bridges (pub|id p(31.4) P(3l) p(31.4) P(31) IJ9J` P(31) P (31) Vehicle bridges (private) C� cc C C C C C Public pedestrian bridges f, P P 9 ±� P P PARKING —ACCESSORY Parking areas limited tothe minimum necessary tosupport permitted pr conditional uses X P(5) X P X P X RECREATION Recreation facilities (commercial —indoor) X X X P X P (�214) X Recreation facilities (commercial —outdoor) X X [(23'24 [(24) XC(23, X[(24) X 24) - 4-2 Recreation facilities, including boat launching (public) P(+23) P p(23'24) C P(23) P P(5l Q-1 2_4 Public and private promenades, footpaths, or P P P[26 P L26 P X trails 94 W: Legislative |ng Code changeo8-6An Page 12 of 93 RESIDENTIAL — SINGLE FAMILY/MULTI-FAMILY Dwelling X(4927) P X P X X X Houseboats X X X X X X X Live-aboards X X X X X X P (4321,28) Patios and decks P(29) P P P X Signs (30) P P P p P P Shoreline Restoration P P R P p P P TRANSPORTATION General C C C C C C C (5-3) Park & ride lots X X X C (9) X C (9) X Levee maintenance roads P 32 P 32 P (32) P (32) P 32 P 32 NA Railroad X P X X X X X UTILITIES General (910) €P(4) P GP(4) P GP(4) P C Provision, distribution, collection, X X X X X X X transmission, or disposal of refuse Hydroelectric and private utility power generating plants X X X X X X X Wireless towers X X X X X X Support facilities, such as outfalls P 33 P P 33 P P 33 P C 33 Regional detention facilities USES NOT SPECIFIED G C C 6 C C *This matrix is a summary. Individual notes modify standards in this matrix. Detailed use Permitted or conditional uses listed herein may also require a shoreline substantial development permit and other permits. (2) Additional per found at TMC 18..050 arc allowed in the buffer: (41) Commercial uses mean those uses that are involved in wholesale, retail, service and business trade. Examples include office, restaurants, brew pubs, medical, dental and veterinary clinics, hotels, retail sales, hotel/motels, and warehousing. (82) Nonwater-oriented uses may be allowed as a permitted use where the City determines that water -dependent or water -enjoyment use of the shoreline is not feasible due to the configuration of the shoreline and water body. (83) Permitted only if water dependent. (4) Structures greater, than 35 feet tall require a conditional use permit. (5) Permitted if located to the most upland portion of the property and adequately screened and/or landscaped in accordance with the Vegetation Protection and Landscaping section. (6) Outdoor storage within the shoreline buffer is only permitted in conjunction with a water dependent use: (7) Conditionally allowed when in compliance with all federal and state regulations. (8) Maintenance dredging of established navigation channels and basins is restricted to maintaining previously dredged and/or existing authorized location, depth and width. (9) Conditionally allowed when significant ecological impacts are minimized and mitigation is provided. w: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 13 of 93 95 (1;10) /U|0vved in shoreline iuhSdiction when it is demonstrated that there is no feasible alternative to |OcEtiOqthe use within shoreline iurisdictiOO. (11)The maximum heiqhtofthe fence o|Ongthe shoreline shall not exceed four feet iOresidential areas nrsix feet incommercial areas where there isedemonstrated need toensure public safety and security ofproperty. The fence shall not extend vvgtemvardbeyond the top 0fthe bank. Chain -link fences must be vinyl coated. (12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration or expansion of transportation facility of statewide siqnific8Dce currently located on the shoreline when it is demonstrated that G|tB[ngUVeS to fill are not feasible is conditionally aUnvvad. (15)LaDdfiU as part of an approved nannedi2tion plan for the purpose ofcappiOg contaminated sediments iSpermitted. (14)ADynew orredeveloped levee shall meet the applicable levee requirements ofthis chapter. (15) Permitted when consistent with TIVIC Section 18.44.050(F). /716\ Industrial uses mean those uses that are facilities for rnanufaoturing, prooeeeing, assembling and/or storing of finished or semi -finished goods with supportive office and commercial uses. Examples include manufacturing processing and/or assembling such items as electrical or mechanical equipnlent, previously manufactured metals, chemicals, light nneta|o, p|moUoe, eo|venta, ooaps, xvood, nlooh|nea, food, phornnaoauUoa|e, previously prepared materials; warehousing and vvho|aea|e distribution; ao|on and rental of heavy machinery and equipment; and internetdato centers. /617\ Subject to compliance with state siting criteria RCVV Chapter 70.105 (See also Environmental Regu/aUuna, TK4C 18.44.090 Section B. 8K8P). (18)Pe[nOitted when associated with water -dependent usea, public mcceSs, reCread0n, flood control or channel nnenoqennent. (19) Permitted when the applicant has demonstrated m need for moorage and that the fV||nvving alternatives have been inxestiqatedand are not available orfeaaib|e: (@) commercial ormarina rnoormqe; (b) Oogtinqnnooroqebuoys; (C) iOiOt use OnoormAe pier/dock. (30) Permitted ifassociated with water -dependent uoea, public aooeao, recraatinn, flood control, channel nnanaqementoreoo|oqiom|restoration. (21)Boats may only bmmoored atadock Ormarina, Noboats may bamoored ontidelands OriO the river channel. (1122) Limited to athletic or health clubs. (28) Recreation structures such as bennheo, tab|eo, viexvpoints, and picnic shelters are permitted in the buffer provided no such structure shall block views tothe shoreline from adjacent properties. (1224)Parnnitted only ifwater oriented. (25)Parho. recreation and open space facilities operated by public mqenciea and non-profit orqanizodnnaare permitted. (26) Plaza connectors between bu||dinqs and |eveea, not excaedinq the height of the |evee, are permitted for the purpose of providinq and enhancinq pedestrian access alonq the river and for|andeoopinq purposes. (4��')Additional development may beallowed consistent with TW1CSection 1O.44.13OE-G.2.[ /\ shoreline conditional use permit is required for water oriented accessory structures that W: Legislative Code changes 8-649 96 exceed the heiqhtlimits ofthe Shoreline Residential Environment. (28)Pe[nlitted in Vn|y in the Aquatic Environment and 3ubiect to the criteria in TMC Section 1044.050(K). (29) Patios and decks are permitted within the shoreline buffer so |onO astheydo not exceed 18 inches in heiqht and are limited to a maximum of 200 square feet and 5096 of the width of the river frontaqe, whichever is smaller. Decks or patios must be located landward of the top ofthe bank and beconstructed tobe pervious and ofenvirOD0entaUy-fheDd|ymaterials. If deck Vrpatio will have an environmental impact in the shoreline buffer. then commensurate nnitiq8UQnshall berequired. (30) Permitted when consistent with TMC Section 18.44.050(L). (81) Permitted oO|yifconOeoting public riqhts-of-woy. (32)Maybeco-located with fire lanes. (33)AUOvvedifthayrequi[e8PhySica|conOectiOntothoshore|inetVp[VvidetheirSupportfun{tion. Provided they are located at or be|Om/ qrode and as far from the [>HVVM as techn|CoUy feasible. (34)R8qi0O@| detention facilities that meet the City's Infrastructure Oesiqn and Construction Standards e|onq with their aupportinq elements such as ponda. Vipinq, filter systems and outfmUs vested as of the effective dote of this program or if no feasible alternative location exists. AnV reqional detention facilitV located in the buffer shall be desiqned such that a fence is not reqVinad. planted with native veOetadion, deSiQned to blend with the surrOundiDA environment, and provide design features that serve both public and private use, such as an access road that can also serve as a trail. Thefoci|ity shall bedesiqnedto locate access roads and other impervious surfaces asfar from the river aapractical. Section 19. TIVIC 18.44.040 is hereby reenacted tOread @Gfollows: 18'44.040 Shoreline Buffers Buffer widths. The following shoreline buffer widths apply in shoreline iUriSdiCtioO. Environment Buffer width (1)(2) Modification Shoreline Residential 5Ofeet ORthe area needed to achieve aslope nosteeper than 2.S:I'measured from the toe nfthe bank tothe top nfthe bank, plus Z0 linear feet measured from the top of the bank landward, whichever is greater Urban Areas without 100feet (4) Conservancv levees Areas with levees 125 feet (5) High|ntenskv 10feet (4 Aquatic Not Applicable W:LegisloUvo Code changes D-64S 97 (1) Unless otherwise noted, all buffers are measured landward from the OHVVM. (2) In any shoreline environment where an existing improved street or nz@d runs pangUd to the river thr0Uqh the bUffe[, the buffer ends on the river side of the edqe of the improved right- of-way. (3) Removal Of invasive species and replanting with native species of high habitat value voluntary unless triqqered by requirement for a Shoreline Substantial Development permit, (4) The Director may reduce the standard buffer on a case -by -case basis by up to 50Y4 upon construction ofthe f0UUvviOq cross section: (a) F<eo|ope bank from toe to be no steeper than 3.51 in the Urban Conservancy Environment or nes|Ope bank from OMVVM (not toe) to be no steeper than 3:1 in the Miqh Intensity Envinonrnent, uSinq bioeOqineerinqtechniques (b) Minimum 2O-foOtbuffer landward from top 0fbank. (o) Bank and remaining buffer tobe planted with native species with high habitat value. MGXinnunO slope is [educed due to measurement from {JHVVM and to [ecoqnize location in the Transition Zone where pronounced tidal influence makes work below OHWM difficult. Any buffer reduction proposal must demonstrate to the satisfaction ofthe Director that itwill not result in direct, indirect or long-term adverse impacts Lothe river. In all cases buffer enhancement plan must also beapproved and implemented ooacondition ofthe reduction. The plan must include using a variety of native veqetotion that improves the functional attributes of the buffer and provides additional protection for the shoreline ecological functions. (5) Upon reconstruction of levee to the levee standards of this chapter, the Director may reduce the buffer toactual width required for the levee. 1ffill is placed along the back slope of anexv |evee, the buffer may be reduced tothe point where the ground plane intersects the back slope ofthe levee. |fthe property owner provides olevee maintenance easement landward from the landward toe of the levee or levee xv@|| which: 1) meets the width required by the agency prVvidinq 0aintenonoe� 2) prohibits the construction of any structures; and 3) o||ovva the City to access the area to inspect the levee and make any necessary repairs, then that area may beoutside ofthe shoreline buffer and allow incidental uses such msporkinq. A. Shoreline Residential Buffer -- Delineated Uses' The Shoreline Residential River Buffer shall consist of the area needed to achieve 3 2.51 slope of the river bank, a. Shoreline restoration projects. b. Over water st0Ctun}S subject to the Standards in the Over water W:Legislative Do"elopmen8SMP-ZvningCode changes 8-6'19 98 (1) commercial or marina moorage; (2) floating moorage buoys; (3) joint use moorage pier/dock. c. PubUc parkc, recreation and open space, d. Public pedestrian bridges. c. Public and/or private promenades, footpaths or trails. f. Recreation structures such as bcnches, tabies, viewpoints, and picnic elgelterepFevictecl-1,10-such-str-ucture-shal1-exceed-15-feet-in-height-Gr--25-square-feet-in area-er--bleck4ews-t-o414e-sher-eline-from-adjacent-preperties, g. Signs conforming to the development ctandards ofthis chapter. h. Construction, maintenance or re development of ievees for flood control purposes,ppevided-that-any-new-er-Fedeve[epecl-1evee-siaa11-meet-the-applieable-1evee requirements of this chapter. j. Utility towers and utilities, except the provision, distribution, collection, transmission or disposal of refuse. I. Fire lanes when co located with levee maintenance roads. I. New shoreline stabilization utilizing the development standards in TMG Section 18.44.070(F). FR—Water-dePencient-uses-and414eir-c-tr-uauFesr-as4eN-as-there-is--Re-14et loss of shoreline ecological function. faur-4eet-aK1414e-fence-clees-nGt-e*tend-wateFwarcl-beyend-the-tep-ef-the-bank,-Chain link fences must be vinyl coated. o. Existing essential streets, roads and rights of way may be maintained or improved. p. Outdoor storage, only in conjunction with a water dependent uce. q. Water oriented c.isential public facilities, both above and below ground. r. Non water oriented essential public facilities, both above and below the buffer. s. Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments. t. Patios or decks not exceeding 18 inches in height, limited to a maximum 200 square feet and 50% of the width of the river frontage. Decks or patios must be W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 17 of 93 99 ledated--lactdwar-€1--4414e--top--s4-the-laa*-and-be-seRstrusted-td-be-pepvidus-and-of environmentally friendly materipis. If a deck or patio will have an environmental impact in the shoreline buffer, then commensurate mitigation shall be reguired. u. Support facilities for above or suoh as outfall facilities or other fapilities that must have a physical connection to the shor-e4Fie--to--pfdvide-Thek--suppoFt--fuftdtion,pFdvided-they-are-k)sated-at-GF-below-grade in--t-i4e--Sbor-eline--Residentia-River--B4ffer-subjest-te-the-Feduirementedufes-ansi conditions establishe Conditional Use Permit: a. Dredging activities when in compliance with all federal and state fegu-lations, when necessary for navigation b. Dredging for navigational purposes is permitted where necessary for ation 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 Dredging of bottom materials for the purpose of obtaining fill material is prohibited. c. New private vehicle bridges. d. Fill minimally necessary to support water dependent uses, public access, or for thc altcr-ation or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill arc not feasible. e. Bridges, approved above ground utility structures, and water dependent uses-ansl--theif-str-udtuFes-greater-than-3-5-feet-in-heig14 Permitted Uses. The following uses are permitted within the Shoreline Residential Environment outside of the--Sher-elifie-Residentia4--River--Buffeises-shall-rneet-the-purposes-and-dFiteria-df--the Shoreline Environment Designation section. 1. Permitted Uses. The Shoreline Residential Environment shall contain a,--,411-4ses-pecmit-te€1-4FF-the-S14GFe1411e-Residential-River-B-uffer b. For non residential uses, packi-ng/loading and storage facilities located to the most upland portion of the property and adequately screened and/or landscaped in acoordance with the Vegetation Protection and Landscaping section. c. Railroad tracks. d. Public or private roads. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 100 Page 18 of 93 Conditional Uses in the underlying zone may be allowed subject to the reguirements, procedures and conditions established by TMC Chapter 18.64. A Shoreline Conditional Use Permit is required. A. Urban Conservancy Environmen-t Buffer Delineated. The Urban Goasep4aPoy--Egvironment--Buffer-s44all-GeRsist-Gf-that-area-meaeured--100-feet-land Gf---the--Q4VVM-fer-RGPI--ieVeed-peFtiGns-Gf-the-FiveFanci-that-ar-ea-measur-eel---125-feet landward from the OH Conservancy River Buffer: a. Shoreline restoration projects. b. Over water structures subject to the standards established in the Over water Structures Section, TMC Section 18.41.070(K), that are associated with wator c. Public parks, recreation and open space. e. Public pedestrian bridges. f. Recreation structures such as benches, tabies, viewpoints, and picnic nd 25 square feet in area and views of the shoreline arc not blocked from adjacent properties. g. Signs conforming to the development standards of this chapter. h. Construction, maintenance er-ro development of levees for flood control laur-PGseslar-Gvidecl-that-aRy-Rew-Gr-Fe-deveIGI4e421-lev-ee-&14a-meet-the-alaPliGab4e-tevee requirements of this chapter. i. New vehicle bridges: permitted only if connecting public rights of way; existing public or private vehicle bridges may be maintained or replaced. transmission or disposal of refuse. k. Levee maintenance roads. 1. Plaza connectors between buildings and Ievees, not exceeding the access along the river and for landscaping purposes. m. New shoreline stabilization utilizing the development standards in the Shoreline Stabilization Section, TMC Section 18.14.070(F). n. Existing essential streets, roads and rights of way may be maintained or improved, W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 19 of 93 101 elAiater-clepenetent-004214111eFGlal-aF1 .E4-14216fstr-ia4-devetepment,if-permitteet by the underlying zoning district. p. Support facilities for above or below ground utilities or pollution control, such as ouffall facilities or other facilities that must have a physical connection to the r. Water oriented essential public facilities, both above and below ground. s. Non water oriented essential public facilities, both above and below the buffer. t,--L-a-n-Gtf41-1-a-s-paFt-Gf--an-appFGved-remectiation-p4an-fer-the-puFpose-ef capping contaminated sediments. Regional detention facilities -that meet the City's Infrastructure Design and Construction Standards along with their supporting elements such as ponds, piping, fUter systems and outfalls vested as of the effective date of this program or if no feasible alternative Iocation exists. Any regionat detention facility located in the buffer shall be blend with the surrounding environment, and provide design features that serve both publie,acicl-private-user-SbiGh-aS-an-aeGess-road4hat-Gan-also-see-fac-ility shall be designed to locate access roads and other impervious surfaces as far from the river as practical. 2. Conditional Uses. Only the following may be allowed as a Conditional Use procedures and conditions established by TMC Chapter 18.64 and shall be reviewed aD-red-ging-a-Gtivities-where-necessar-aS-6171-FiR-g-safe-ancl-effisient 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 pr-ovicied,--gredging-ef--bottom-materia4s-for-tlzve--pur-pose-of--obtairiing-fi44-mateFial-is prohibited. Dredging activities must comply with all federal and state regulations. c. New private vehicle bridges. d. Fill minimalty necessary to support water dependent uses, public accc's, or for the alteration or expansion of a transportation facility of statewide significance currently located on the shoreline when it is demonstrated that alternatives to fill are not faasible. 4ASeS-afe-Per-mitted-in-the-Ur-ban-CreRsePvaRGy--E1W4914144e4-0464e-Of-t4e-UthaR Conservancy Environment Buffer. Uses shall meet the purposes and criteria of the Urban W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 102 Page 20 of 93 Conservancy Environment as established in the Shoreline Environment Dosignation section. Buffer and/or the Shoreline Use Matrix may be allowed. may be allowed subject to the requirements, -procedures and conditions established by TMC Chapter 18.64. A Shoreline Conditional Use Permit shati be reguired. .1-ar--pr-operty-laGated-withiR-the-100-faat-buffar--in-1:104-1ev-ee-part-ions-af--the river, the Urban Conservancy Environment Buffer may be reduced to that area occupied by-the-r-iVer-bank-plus-2-0-feet-measur-eq-landvvar-cl-fr-am-the-tap-Gf-the-banpr-avided however, that the applicant must first re slope the river bank to 2.5:1, provide a 20 foot setback-fram-the-tap-of-the-new-slape-and-vegetate-both4he-Fiver-bank-and-the--20-faat that-the-DireGtor---deter-Fniries-that-any-buffeF-FeduGt1011-41I-Rat-Fes long term adverse impacts to shoreline ecosystem functions. Further, a buffer roves the functional additional protection for the watercourse functions, must be approved by the Director and implamentecl-by-the-app-1-icantas-a-s-aridition-af--the-reduati4141-R0-aase-shall-the-reduaed buffer be less than 50 feet. 2. For property located within the 125 foot buffer along leveed portions of the river, the Urban Conservancy Environment Buffer may be reduced to that area occupied by-levee-ar--river-baRk-impFavernents-rneeting-tha-mipimum--1evee-pFefile-ar--ather-levee rom the landward toe of the levee or (if permitted by this chapter) floodwall. In the event that the owner provides thc City with a 10 foot levee maintenance easement, measured tandward from the--landwar-d-tae-of-the-levee-oF-levee-wal1-and-prahibit-ing-the-GaRStFUGtiOR-Of-any struGtures-and-allows-the-City-te-aGGesS-the-area-te-inspeGt-the-1eveerthan-the-buffer--shal1 be-redldGed-te4he-landwaR31-tee-of-the-leVeer--land the case may bc. 3-1f-4111-is-plased-al-ang-the-bask-slape-of--a-nekA4-levee,-the-UFban-CollSeFvanGy Epvireament-Buff-ar-mabe-reduGed-to-the-pairit-wher-e-the-gFGLIREI-plane4ntar-sects--the baak-slape-of-the-lidecithat-the-pFepaFty-OWRef-must-gFant--the-C*-a-levee maintenance asement measured 10 feet landward from the landward toe of the levee or levee-waland--whish-eaSePileR-t-prahibits-the-GORStf-44€41011-Gf-any-struatures-and-a1-lows the--Gity--ta-aaGess--the--ar-ea-to-inspeat--the-!evee and/or wall and e-any-nec-essary repairs. E-414ifORMeRt-13affer-shalt,e-Gnsist-ef-an-area-measured100 feet Iandward from the OHWM- The remaining area of shoreline jurisdiction is non buffer area, W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 21 of 93 103 es arc permitted in the High Intensity River Buffer: a. Shoreline restoration projects. 1E-Over-wateF-str-uGtures-subjec-t-to4he-standaFel-s-establisheel-ka-the-Over- water--Str-tic-t-tw-es-Seetion4hat-aFe-assaciated-with-water--clependeRt-uses7-19uNic-aseess7 recreation, flood cpntrol, channel management or ecological restoration. c. Public parks, recreation and open space. d. Public and/or private promenades, footpaths or trails. f. Recr tion structures such as benches, tables, viewpoints, and picnic shelter-srpr-as.Lide21--R0--SUGh-stalqture-shall-e*Geecl-15-feet-in-14eig14t-and-25-square-feet-in area and no views of the shoreline are blocked from adjacent properties. g. Signs conforming to the development standards of this chapter. h. Construction, maintenance or re development of levees for flood control purposes, provided that any new or re deveioped Jevee shall meet the applicable Ievee requirements of this chapter. i. New vehicle bridges: permitted only if connecting public rights of way; maintained or replaced. transmission -or disposal of refuse. k. Levee maintenance road,. 1--Plaza-GenneGtor-s-between-buildings-an€1-[eve&snet-exceeckng-the height of the levee, are permitted for the purpose of providing and enhancing pedestrian asses along the river and for andscaping purposes- rn. New shoreline stabilization utilizing the development standards in the Shoreline Stabilization Section, TMC Section 18/14.070(F). n. Existing essential streets, roads and rights of way may be o-1,81-ater-dependent--sommeFGial-and-iRGIustr-ial-clevelopmantif--pefmittect by the underlying zoning district. 13,--S61ppoit-fasitities-f-ar-above-GF-below-greu4€1-641ities-ar-polltitien-Gentfia such as outfall facilities or other facilities that must have a phycical connection to the shoreline to provide their support funct c located at or below grade izi-Gtutdoor-r-,toFageanly-iR-G01:1}141:10#4311-with-a-water-depeRclent-use, r. Water oriented essential public facilities, both above and below ground. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 104 Page 22 of 93 the buffer. t. Landfill as part of an approved remediation plan for the purpose of capping contaminated sediments. 4.1---Regional--cleteRtion-facilities-that-meet-the-GityLs-lnfrastfudtuFe-Design and--G4aFtstrion--Standar4s-along-wit-1:1--their-suppoFting-elemants-sudh-as-pandspiping, filter-systems-and-outfalls-vested-as-of-the-effestive-date-df-this-pr-egram-or-if-148-feasible altemative-lodation-ex-ists,--Any--regional--detention-faeilitodated-in-the-lauffer-sha11-be designed . . native vegetation, designed s not red, planted with blencl-witb-the--94r-pauffiding-eRv4c-d4mentand-provide-design-fet-61r-es-that-sende-both pulatid--and--private--useT-S4G4-as--aci--addess-Foad4hat-dan-also-see-f-adil-ity shall-be--Glesigne€1-40-44dGate-aGGeSS--Foads--ancl--dtcer-impazvious-stg-ades-as-f-aF-fr-dm4he river as practical. in the Shoreline High Intensity EnviFonment Buffer subject to the reguirements, fec-edtwes-a444-Gomi4tioRs-estarelin-eGocol111en-al Dredging activities where nece„sary for assuririg safe and efficient gnificant ecological 137--DfedgiRg--for-4emediation-of-Gontarninated-secliments-when-mitigation-is provided. Dredging of bottom materials for the purpose of obtaining fill materia! is pr-ohilaited.--14Fedging-adtivities-must-domply-with-a11-feded-state-regu-latiens, c. New private vehicle bridgcs. d. Fil! minimaily necessary to support water dependent uses, pub!ic access, or for the alteration or expansion of a transportation facility of statewide Aareline whcn it is demonstrated that alternatives to fill are not feasible. lateRsi4L-E-14-vifORMeRt-s14a11--donsist--df-41:1e-remaining-afea-within-the-200-foot-ShdreliRe Jurisdidtion--that-is-R0t-within-the--Shoceline-14444ntensity-E-Rvir-oRrnent-Buffer-aFea,-Uses shall meet the purposes and criteria of the Shoreline Environment Designations section. 1-10er-mitted-Uses,A11--uses-per-mit-teci-in-the-14411-14tensity-EnviFenment-auffer and/or the Shoreline Use Matrix may be allowed. 2. Conditional Uses. All uses listed as Conditional Uses in the underlying zone TMC Chapter 18.6'1. A Shoreline Conditional Usc Pcrmit shall be required. reduce the High Intensity Environment Buffer where the applicant rc slopes the river bank to--14e--140--steepef-than--3-:1-above--ticie-014WMT-p-Fovides-a-20-foot-setbaek-frona-the-top-of sctback ar a in accordance W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 23 of 93 105 wiW-44e---stan4an-PTeteetii94-ami-Landscataing-SeetioRT-,and-414e gireGteic-determ44' es-thefe-wifl be no net Ioss of shoretine alfunctions. In te-Gase sbali-414e-4ockiGe€I-lauffer-beere-the-ban-k--64 tlfrerity-is-41{)-"eper-that4- .344ar-w4eFe-the-aPapeFty-ovvRe;-bas-a4reacopectile river bank provided a 20 foot setback and vegetated the bank and setback as provided ifl this chapter, the buffer width will be the distance m cured from the OHWM to the top of thc bankfalus 20 feet. water bodies within the City Iimits and its potential annexation areas under the juri6diction Gf-4he--Sher-eline-I\Aanagement-AGt-wateFward-ef--the-OrdinaRf-High-Water-MaFk,--The Aquat4G-E-nvironment-ii4siudes-the-water-supfaGe-tagether-with-the-under-lying-lands-aFid thc water column. Uses and activities within the Aguatic Environment must be compatible with the adjoining shoreline environment: 1. Shoreline restoration projects. 2. Over water structures subject to the standards established in the Over water Structures Section that arc associated with water dependent uses, public access, 3-1\,4aliztteRance--ar--FeclevelopmeRt-Gf-ieVeeS-f-GF-flGOd-Gentr-e1-pu-rpe-ses, facovide€1-444at-apy-redevelepmeRt-of-a-levee-shal-1-meet-the-applicable-1evee-Fe0atians of this chapter. 4. New shoreline stabilization utilizing the development standards in the Shoreline Stabilization Section. 5. Water dependent commercial and industrial development, if permitted by the underlying zoning district. 6. Boats moored at a dock or marina. No boats may be moored on tidelands or in the river channel. 7. Fill for ecological restoration. C. Conditional Uses. Only the following may be allowed as a Conditional Use in the Shoreline Aguatic Environment Buffer cubject to the reguirements, procedures and 1. Dredging activities where necessary for assuring safe and efficient accommodation of existing navigational uses and then only when significant ecological impacts are minimized and when mitigation is provided. 2-1;Ifedging-f-er-r-eiznedi-ation--ef-c-entam-i-nated-sed-i-ments-wlq-an-m-it-igatio-n-i-s provided. Dredging of bottom materials for the purpose of obtaining fill material is pfe44ibite-Dfedging--activ-ities-Faust-Gomply-with-a11-feder-al-and-state-Fegulations W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 106 Page 24 of 93 currently located on the shoreline when it is demonstrated that alternatives to fill are not feasible. Section 20. TMC 18.44.050 is hereby reenacted to read as follows: 18.44.1 .050 Development Standards A. Applicability. The development standards of this chapter apply to work that meets the definition of substantial development except for vegetation removal per TMC Section 18.44.080060, which applies to all shoreline development. The term "substantial development" applies to non -conforming, new or re -development. Non -conforming uses, structures, parking lots and landscape areas, will be governed by the standards in TMC Section 18.44.130110(€G), "Non -Conforming Development." B. Shoreline Residential Development Standards. A shoreline substantial development permit is not required for construction within the Shoreline Residential Environment by an owner, lessee or contract purchaser of a single family residence for his/her own use or for the use of a family member. Such construction and all normal appurtenant structures must otherwise conform to this chapter. Short subdivisions and subdivisions are not exempt from obtaining a Shoreline Substantial Development Permit. 1. Shoreline Residential Environment Standards. The following standards apply to the Shoreline Residential Environment: a. The development standards of the applicable underlying zoning district (Title 18, Tukwila Municipal Code) shall apply. b. New development and uses must be sited so as to allow natural bank inclination of 2:5.1 3:1 slope with a 20-foot setback from the top of the bank. The Director may require a riverbank analysis as part of any development proposal. c. Utilities such as pumps, pipes, etc., shall be suitably screened with native vegetation per the standards in the Vegetation Protection and Landscaping Section. d. New shoreline stabilization, repair of existing stabilization or modifications to the river bank must comply with the standards in the Shoreline Stabilization Section, TMC Section 18.44.070050(F). e. Short plats of five to nine lots or formal subdivisions must be designed to provide public access to the river in accordance with the Public Access Section, TMC Section 18.44.080100. Signage is required to identify the public access point(s). f. Parking facilities associated with single family residential development or public recreational facilities are subject to the specific performance standards set forth in the Off -Street Parking Section, TMC Section 18.44.070050(1). g. Fences, freestanding walls or other structures normally accessory to residences must not block views of the river from adjacent residences or extend waterward beyond the top of the bank. Chain link fencing must be vinyl coated. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 25 of 93 107 h. Recreational structures permitted in the buffer must provide buffer mitigation. i. The outside edge of surface transportation facilities, such as railroad tracks, streets, or public transit shall be located no closer than 50 feet from the OHWM, except where the surface transportation facility is bridging the river. j. Except for bridges, approved above ground utility structures, and water - dependent uses and their structures, the maximum height for structures shall be 30 feet. For bridges, approved above ground utility structures, and water -dependent uses and their structures, the height limit shall be as demonstrated necessary to accomplish the structure's primary purpose. Bridges, approved above ground utility structures, and water -dependent uses and their structures greater than 35 feet in height require approval of a Shoreline Conditional Use Permit. 2. Design Review. Design review is required for non-residential development in the Shoreline Residential Environment. C. High Intensity, Urban Conservancy and Aquatic Environment Development Standards. 1. Standards. The following standards apply in the High Intensity, Urban Conservancy and Aquatic Environments. a. The development standards for the applicable underlying zoning district (Title 18, Tukwila Municipal Code) shall apply. b. All new development performed by public agencies, or new multi- family, commercial, or industrial development shall provide public access in accordance with the standards in the Public Access Section. c. Development or re -development of properties in areas of the shoreline armored with revetments or other hard armoring other than levees, or with non - armored river banks, must comply with the Vegetation Protection and Landscaping Section, TMC Section 18.44. e e 060. d. Any new shoreline stabilization or repairs to existing stabilization must comply with Shoreline Stabilization Section, TMC Section 18.44.070050(F). e. Over -water structures shall be allowed only for water -dependent uses and the size limited to the minimum necessary to support the structure's intended use and shall result in no net loss to shoreline ecological function. Over -water structures must comply with the standards in the Over -water Structures Section, TMC Section 18.44. 9050(K). e 2. Setbacks and Site Configuration. a. The yard setback adjacent to the river is the buffer width established for the applicable shoreline environment. b. A fishing pier, viewing platform or other outdoor feature that provides access to the shoreline is not required to meet a setback from the OHWM. We Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 108 Page 26 of 93 3. Height Restrictions. Except for bridges, approved above ground utility structures, and water -dependent uses and their structures, to preserve visual access to the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the maximum height for structures shall be as follows: a. 15 feet where located within the River Buffer; b. 65, - feet between the outside landward edge of the River Buffer and 200 feet of the OHWM. 35 feet above average grade level on shorelines of the State that will obstruct the view of a substantial number of residences on areas adjoining such shorelines. For any building that is proposed to be greater than 35 feet in height in the shoreline jurisdiction, the development proponent must demonstrate the proposed building will not block the views of a substantial number of residences. The Director may approve a 15 foot% increase in height for structures within the shoreline jurisdiction if the project proponent provides additional restoration and/or enhancement of the entire shoreline buffer, including, but not limited to, paved areas no longer in use on the property in accordance with the standards of TMC Section 18.44.0:0060, "Vegetation Protection and Landscaping." If the required buffer has already been restored, the project proponent may provide a 20% wider buffer, planted in accordance with TMC Section 18.44.060 ,"Vegetation Protection and Landscaping," and/or enhanced in order to obtain the 15 % foot increase in height. in accordance with 4. Lighting. In addition to the lighting standards in TMC Chapter 18.60, "Board of Architectural Review," lighting for the site or development shall be designed and located so that: a. The minimum light levels in parking areas and paths between the building and street shall be one -foot candle. b. Lighting shall be designed to prevent light spillover and glare on adjacent properties and on the river channel to the maximum extent feasible, be directed downward so as to illuminate only the immediate area, and be shielded to eliminate direct off -site illumination. c. The general grounds need not be lighted. d. The lighting is incorporated into a unified landscape and/or site plan. D. Surface Water and Water Quality. The following standards apply to all shoreline development. 1. New surface water systems shall not discharge directly into the river or streams tributary to the river without pre-treatment to reduce pollutants and meet State water quality standards. 2. Such pre-treatment may consist of biofiltration, oil/water separators, or other methods approved by the City of Tukwila Public Works Department. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 27 of 93 109 3. Shoreline development, uses and activities shall not cause any increase in surface runoff, and shall have adequate provisions for storm water detention/infiltration. 4. Stormwater outfalls must be designed so as to cause no net loss of shoreline ecological functions or adverse impacts where functions are impaired. New stormwater outfalls or maintenance of existing outfalls must include shoreline restoration as part of the project. 5. Shoreline development and activities shall have adequate provisions for sanitary sewer. 6. Solid and liquid wastes and untreated effluents shall not be allowed to enter any bodies of water or to be discharged onto shorelands. 7. The use of low impact development techniques is required, unless such techniques conflict with other provisions of the SMP or are shown to not be feasible due to site conditions. E. Flood Hazard Reduction. The following standards apply to all shoreline development. 1. New structural flood hazard reduction structures shall be allowed only when it can be demonstrated by a Riverbank Analysis that: a. They are necessary to protect existing development; b. Non-structural measures are not feasible; and c. Impacts to ecological functions and priority species and habitats can be successfully mitigated so as to assure no net loss. 2. Flood hazard structures must incorporate appropriate vegetation restoration and conservation actions consistent with the standards of the Vegetation Protection and Landscaping Section. 43. 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. 54. Rehabilitation or replacement of existing flood control structures, such as levees, with a primary purpose of containing the 1% to 0.02% annual chance flood event, shall be allowed where it can be demonstrated by an engineering analysis that the existing structure: a. Does not provide an appropriate level of protection for surrounding lands; or b. Does not meet the minimum levee profiloa 2.5:1 riverside slope or other appropriate engineering design standards for stability (e.g., over -steepened side slopes for existing soil and/or flow conditions); and W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 28 of 93 110 c. Repair of the existing structure will not cause or increase significant adverse ecological impacts to the shoreline. 65. Rehabilitated or replaced flood hazard reduction structures shall not extend the toe of slope any further waterward of the OHWM than the existing structure. 76. New structural flood hazard reduction measures, such as levees, berms and similar flood control structures shall be placed landward of the floodway as determined by the best information available. 87. New, redeveloped or replaced structural flood hazard reduction measures shall be placed landward of associated wetlands, and designated fish and wildlife habitat conservation areas. 98. 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. 109. New, redeveloped or replaced flood hazard reduction structures must have an overall waterward slope no steeper than 2.5:1 unless it is not physically possible to achieve such as slope. A floodwall may be substituted for all or a portion of a levee back slope only where necessary to avoid encroachment or damage to a structure legally constructed prior to the date of adoption of this subsection, and which if structure has not lost its nonconforming status, or to allow area for waterward habitat restoration development. The floodwall shall be designed to provide 10 15 feet of clearance between the levee and the building, or the minimum necessary to preserve access needed for building functionality while meeting all engineering safety standards. A floodwall may also be used where necessary to prevent the levee from encroaching upon a railroad easement recorded prior to the date of adoption of this subsection. 1-1-ia-perrn1tta- -der this subsection the levee-slepc must be 2.5H:1V unless it F. Shoreline Stabilization. The provisions of this section apply to those structures or actions intended to minimize or prevent erosion of adjacent uplands and/or failure of riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline stabilization or armoring involves the placement of erosion resistant materials (e.g., large rocks and boulders, cement, pilings and/or large woody debris (LWD)) or the use of bioengineering techniques to reduce or eliminate erosion of shorelines and risk to human infrastructure. This form of shoreline stabilization is distinct from flood control structures and flood hazard reduction measures (such as levees). The terms "shoreline stabilization," "shoreline protection" and "shoreline armoring" are used interchangeably. 1. Shoreline protection shall not be considered an outright permitted use and shall be permitted only when it has been demonstrated through a riverbank analysis and report that shoreline protection is necessary for the protection of existing legally established structures and public improvements. 2. New development and re -development shall be designed and configured on the lot to avoid the need for new shoreline stabilization. Removal of failing shoreline W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 29 of 93 111 stabilization shall be incorporated into re -development design proposals wherever feasible. 3. Replacement of lawfully established, existing bulkheads or revetments are subject to the following priority system: a. The first priority for replacement of bulkheads or revetments shall be landward of the existing bulkhead. b. The second priority for replacement of existing bulkheads or revetments shall be to replace in place (at the bulkhead's existing location). 4. When evaluating a proposal against the above priority system, at a minimum the following criteria shall be considered: a. Existing topography; b. Existing development; c. Location of abutting bulkheads; d. Impact to shoreline ecological functions; and, e. Impact to river hydraulics, potential changes in geomorphology, and to other areas of the shoreline. 5. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or revetments) must demonstrate through a documented river bank analysis that bioengineered shoreline protection measures or bioengineering erosion control designs will not provide adequate upland protection of existing structures or would pose a threat or risk to adjacent property. The study must also demonstrate that the proposed hard shoreline stabilization will not adversely affect other infrastructure or adjacent shorelines. 6. Shoreline armoring such as riprap rock revetments and other hard shoreline stabilization techniques are detrimental to river processes and habitat creation. Where allowed, shoreline armoring shall be designed, constructed and maintained in a manner that does not result in a net loss of shoreline ecological functions, including fish habitat, and shall conform to the requirements of the 2004 Washington State Department of Fish and Wildlife (or as amended) criteria and guidelines for integrated stream bank protection (Washington State Department of Fish and Wildlife, Washington Department of Ecology and U.S. Fish and Wildlife Service, Olympia, Washington), U. S. Army Corps of Engineers and other regulatory requirements. The hard shoreline stabilization must be designed and approved by an engineer licensed in the State of Washington and qualified to design shoreline stabilization structures. 7. Shoreline armoring shall be designed to the minimum size, height, bulk and extent necessary to remedy the identified hazard. 8. An applicant must demonstrate the following in order to qualify for the RCW 90.58.030(30(e)(iii)(ii) exemption from the requirement to obtain a shoreline substantial development permit for a proposed single family bulkhead and to insure that the bulkhead will be consistent with the SMP: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 112 Page 30 of 93 a. Erosion from currents or waves is imminently threatening a legally established single family detached dwelling unit or one or more appurtenant structures; and b. The proposed bulkhead is more consistent with the City's Master Program in protecting the site and adjoining shorelines and that non-structural alternatives such as slope drainage systems, bioengineering or vegetative growth stabilization, are not feasible or will not adequately protect a legally established residence or appurtenant structure; and c. The proposed bulkhead is located landward of the OHWM or it connects to adjacent, legally established bulkheads; and d. The maximum height of the proposed bulkhead is no more than one foot above the elevation of extreme high water on tidal waters as determined by the National Ocean Survey published by the National Oceanic and Atmospheric Administration. 9. Bulkheads or revetments shall be constructed of suitable materials that will serve to accomplish the desired end with maximum preservation of natural characteristics. Materials with the potential for water quality degradation shall not be used. Design and construction methods shall consider aesthetics and habitat protection. Automobile bodies, tires or other junk or waste material that may release undesirable chemicals or other material shall not be used for shoreline protection. 10. The builder of any bulkhead or revetment shall be financially responsible for determining the nature and the extent of probable adverse effects on fish and wildlife or on the property of others caused by his/her construction and shall propose and implement solutions approved by the City to minimize such effects. 11. When shoreline stabilization is required at a public access site, provision for safe access to the water shall be incorporated in the design whenever possible. 12. Placement of bank protection material shall occur from the top of the bank and shall be supervised by the property owner or contractor to ensure material is not dumped directly onto the bank face. 13. Bank protection material shall be clean and shall be of a sufficient size to prevent its being washed away by high water flows. 14. When riprap is washed out and presents a hazard to the safety of recreational users of the river, it shall be removed by the owner of such material. 15. Bank protection associated with bridge construction and maintenance may be permitted subject to the provisions of the SMP and shall conform to provisions of the State Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations. G. Archaeological, Cultural and Historical Resources. In addition to the requirements of TMC 18.50.110, Archaeological/Paleontological Information Preservation Requirements, the following regulations apply. 1. All land use permits for projects within the shoreline jurisdiction shall be coordinated with affected tribes. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 31 of 93 113 2. If the City determines that a site has significant archaeological, natural scientific or historical value, a substantial development that would pose a threat to the resources of the site shall not be approved. 3. Permits issued in areas documented to contain archaeological resources require a site inspection or evaluation by a professional archaeologist in coordination with affected Indian tribes. The City may require that development be postponed in such areas to allow investigation of public acquisition potential, retrieval and preservation of significant artifacts and/or development of a mitigation plan. Areas of known or suspected archaeological middens shall not be disturbed and shall be fenced and identified during construction projects on the site. 4. Developers and property owners shall immediately stop work and notify the City of Tukwila, the Washington Department of Archaeology and Historic Preservation and affected Indian tribes if archaeological resources are uncovered during excavation. 5. In the event that unforeseen factors constituting an emergency, as defined in RCW 90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified above, the project may be exempted from any shoreline permit requirements. The City shall notify the Washington State Department of Ecology, the State Attorney General's Office and the State Department of Archaeology and Historic Preservation Office of such an exemption in a timely manner. 6. Archaeological excavations may be permitted subject to the provision of this chapter. 7. On sites where historical or archaeological resources have been identified and will be preserved in situ, public access to such areas shall be designed and managed so as to give maximum protection to the resource and surrounding environment. 8. Interpretive signs of historical and archaeological features shall be provided subject to the requirements of the Public Access Section when such signage does not compromise the protection of these features from tampering, damage and/or destruction. H. Environmental Impact Mitigation. 1. All shoreline development and uses shall at a minimum occur in a manner that results in no net loss of shoreline ecological functions through the careful location and design of all allowed development and uses. In cases where impacts to shoreline ecological functions from allowed development and uses are unavoidable, those impacts shall be mitigated according to the provisions of this section; in that event, the "no net loss" standard is met. 2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter 43.21C RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses or developments shall be conducted consistent with the rules implementing SEPA (TMC Chapter 21.04 and WAC 197-11). 3. For all development, mitigation sequencing shall be applied in the following order of priority: W: Legislative Development1SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 32 of 93 114 a. Avoiding the impact altogether by not taking a certain action or parts of an action. b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to avoid or reduce impacts. c. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. d. Reducing or eliminating the impact over time by preservation and maintenance operations. e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments. f. Monitoring the impact and the compensation projects and taking appropriate corrective measures. 4. In determining appropriate mitigation measures applicable to shoreline development, lower priority measures shall be applied only where higher priority measures are determined by the City to be infeasible or inapplicable. 5. When mitigation measures are appropriate pursuant to the priority of mitigation sequencing above, preferential consideration shall be given to measures that replace the impacted functions directly and in the immediate vicinity of the impact. However, if mitigation in the immediate vicinity is not scientifically feasible due to problems with hydrology, soils, waves or other factors, then off -site mitigation within the Shoreline Jurisdiction may be allowed if consistent with the Shoreline Restoration Plan. Mitigation for projects in the Transition Zone must take place in the Transition Zone. In the event a site is not available in the Transition Zone to carry out required mitigation, the project proponent may contribute funds equivalent to the value of the required mitigation to an existing or future restoration project identified in the CIP to be carried out by a public agency in the Transition Zone. I. Off Street Parking and Loading Requirements. In addition to the parking requirements in TMC 18.56, the following requirements apply to all development in the shoreline jurisdiction. 1. Any parking, loading, or storage facilities located between the river and any building must incorporate additional landscaping in accordance with the Vegetation Protection and Landscaping Section, or berming or other site planning or design techniques to reduce visual and/or environmental impacts from the parking areas utilizing the following screening techniques: a. A solid evergreen screen of trees and shrubs a minimum of six feet high; or b. Decorative fence a maximum of six feet high with landscaping. Chain link fence, where allowed, shall be vinyl coated and landscaped with native trailing vine or an approved non-native vine other than ivy, except where a security or safety hazard may exist; or W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 33 of 93 115 c. Earth berms at a minimum of four feet high, planted with native plants in accordance with the Vegetation Protection and Landscaping Section. 2. Where a parking area is located in the shoreline jurisdiction and adjacent to a public access feature, the parking area shall be screened by a vegetative screen or a built structure that runs the entire length of the parking area adjacent to the amenity. The landscape screening shall comply with the Vegetation Protection and Landscaping Section. 3. Where public access to or along the shoreline exists or is proposed, parking areas shall provide pedestrian access from the parking area to the shoreline. 4. Parking facilities, loading areas and paved areas shall incorporate low impact development techniques wherever feasible, adequate storm water retention areas, oil/water separators and biofiltration swales, or other treatment techniques and shall comply with the standards and practices formally adopted by the City of Tukwila Public Works Department. J. Land Altering Activities. All land altering activities in the shoreline jurisdiction shall be in conjunction with an underlying land development permit, except for shoreline restoration projects. All activities shall meet the following standards: 1. Clearing, Grading and Landfill. a. Land altering shall be permitted only where it meets the following criteria: (1) The work is the minimum necessary to accomplish an allowed shoreline use; (2) Impacts to the natural environment are minimized and mitigated; (3) Water quality, river flows and/or fish habitat are not adversely affected; (4) Public access and river navigation are not diminished; (5) The project complies with all federal and state requirements; (6) The project complies with the vegetation protection criteria of the Vegetation Protection and Landscaping Section; (7) The project will achieve no net loss of shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from an otherwise allowed land altering project are unavoidable, those impacts shall be mitigated according to the provisions of this section. In that event, the "no net loss" standard is met; and (8) Documentation is provided to demonstrate that the fill comes from a clean source. b. Clearing, grading and landfill activities, where allowed, shall include erosion control mechanisms, and any reasonable restriction on equipment, methods or timing necessary to minimize the introduction of suspended solids or leaching of contaminants into the river, or the disturbance of wildlife or fish habitats in accordance with the standards in TMC Chapter 16.54, "Grading." W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 34 of 93 116 2. Dredging. a. Dredging activities must comply with all federal and state regulations. Maintenance dredging of established navigation channels and basins must be restricted to maintaining previously dredged and/or existing authorized location, depth, and width. b. Where allowed, dredging operations must be designed and scheduled so as to ensure no net loss to shoreline ecological functions or processes. In cases where impacts to shoreline ecological functions from allowed dredging are unavoidable, those impacts shall be mitigated according to the provisions of this section; in that event, the "no net loss" standard is met. K. Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other Over -water Structures. 1. General Requirements. a. 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. ab. Prior to issuance of a Shoreline Substantial Development Permit for construction of piers, docks, wharves or other over -water structures, the applicant shall present proof of application submittal to State or Federal agencies, as applicable. lac. 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. sd. 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. de. New or replacement in -water structures shall be designed and located such that natural hydraulic and geologic processes, such as erosion, wave action or floods will not necessitate the following: (1) reinforcement of the shoreline or stream bank with new bulkheads or similar artificial structures to protect the in -water structure; or (2) dredging. ef. No structures are allowed on top of over -water structures except for properties located north of the Turning Basin. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 35 of 93 117 fg. 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. gh. All over -water structures shall be constructed and maintained in a safe and sound condition. Abandoned or unsafe over -water structures shall be removed or repaired promptly by the owner. Accumulated debris shall be regularly removed and disposed of properly so as not to jeopardize the integrity of the structure. Replacement of in -water structures shall include proper removal of abandoned or other man-made structures and debris. hi. Boat owners who store motorized boats on -site are encouraged to use best management practices to avoid fuel and other fluid spills. 2. Marinas, Boat Yards and Dry Docks. a. All uses under this category shall be designed to achieve no net loss of shoreline ecological functions. In cases where impacts to shoreline ecological functions from uses allowed under this category are unavoidable, those impacts shall be mitigated according to the provisions of this chapter; in that event, the "no net loss" standard is met. b. Commercial/industrial marinas and dry docks shall be located no further upriver than Turning Basin #3. c. Marinas shall be located, designed, constructed and operated to avoid or minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation, navigation, public access, existing in -water recreational activities and adjacent water uses. d. Marinas shall submit a fuel spill prevention and contingency plan to the City for approval. Haul -out and boat maintenance facilities must meet the City's stormwater management requirements and not allow the release of chemicals, petroleum or suspended solids to the river. e. Marinas, boat yards and dry docks must be located a minimum of 100 feet from fish and wildlife habitat areas f. New marinas, launch ramps and accessory uses must be located where water depths are adequate to avoid the need for dredging. 3. Boat Launches and Boat Lifts. a. Boat launch ramps and vehicle access to the ramps shall be designed to not cause erosion; the use of pervious paving materials, such as grasscrete, are encouraged. If b. Boat launch ramps shall be designed to minimize areas of landfill or the need for shoreline protective structures. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 36 of 93 118 c. Access to the boat ramp and parking for the ramp shall be located a sufficient distance from any frontage road to provide safe maneuvering of boats and trailers. d. Launching rails shall be adequately anchored to the ground. e. Launch ramps and boat lifts shall extend waterward past the OHWM only as far as necessary to achieve their purpose. f. Boat lifts and canopies must meet the standards of the U.S. Army Corps of Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and Marine/Estuarine Waters within the State of Washington. 4. Over -water Structures. Where allowed, over -water structures such as piers, wharves, bridges, and docks shall meet the following standards: a. The size of new over -water structures shall be limited to the minimum necessary to support the structure's intended use and to provide stability in the case of floating docks. Structures must be compatible with any existing channel control or flood management structures. b. Over -water structures shall not extend waterward of the OHWM any more than necessary to permit launching of watercraft, while also ensuring that watercraft do not rest on tidal substrate at any time. c. Adverse impacts of over -water structures on water quality, river flows, fish habitat, shoreline vegetation, and public access shall be minimized and mitigated. Mitigation measures may include joint use of existing structures, open decking or piers, replacement of non-native vegetation, installation of in -water habitat features or restoration of shallow water habitat. d. Any proposals for in -water or over -water structures shall provide a pre - construction habitat evaluation, including an evaluation of salmonid and bull trout habitat and shoreline ecological functions, and demonstrate how the project achieves no net loss of shoreline ecological functions. e. Over -water structures shall obtain all necessary state and federal permits prior to construction or repair. f. All over -water structures must be designed by a qualified engineer to ensure they are adequately anchored to the bank in a manner so as not to cause future downstream hazards or significant modifications to the river geomorphology and are able to withstand high flows. g. Over -water structures shall not obstruct normal public use of the river for navigation or recreational purposes. h. Shading impacts to fish shall be minimized by using grating on at least 30% of the surface area of the over -water structure on residential areas and at least 50% of the over -water structure on all other properties. This standard may be modified for bridges if necessary to accommodate the proposed use. The use of skirting is not permitted. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 37 of 93 119 i. If floats are used, the flotation shall be fully enclosed and contained in a shell (such as polystyrene) that prevents breakup or loss of the flotation material into the water, damage from ultraviolet radiation, and damage from rubbing against pilings or waterborne debris. j. Floats may not rest on the tidal substrate at any time and stoppers on the piling anchoring the floats must be installed to ensure at least 1 foot of clearance above the substrate. Anchor lines may not rest on the substrate at any time. k. The number of pilings to support over -water structures, including floats, shall be limited to the minimum necessary. Pilings shall conform to the pilings standards contained in the US Army Corps of Engineers Regional General Permit No. 6. I. No over -water structure shall be located closer than five feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed upon by the property owners in an easement recorded with King County. A copy of this agreement shall be submitted to the Department of Community Development and accompany an application for a development permit and/or Shoreline Permit. 5. Live-Aboards. New over -water residences are prohibited. Live-aboards may be allowed provided that: a. They are for single-family use only. b. They are located in a marina that provides shower and toilet facilities on land and there are no sewage discharges to the water. c. Live-aboards do not exceed 10 percent of the total slips in the marina. d. They are owner -occupied vessels. e. There are on -shore support services in proximity to the live-aboards. L. Signs in Shoreline Jurisdiction. 1. Signage within the shoreline buffer is limited to the following: a. Interpretative signs and restoration signaqe, including restoration sponsor acknowledgment. b. Signs for water -related uses. c. Signs installed by a government agency for public safety along any public trail or at any public park. d. Signs installed within the rights of way of any public right-of-way or bridge within the shoreline buffer. All signs shall meet the requirements of the Manual on e. Signs installed on utilities and wireless communication facilities denoting danger or other safety information, including emergency contact information. 2. Billboards and other off -premise signs are strictly forbidden in the shoreline buffer. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 120 Page 38 of 93 Section 21. TMC 18.44.060 is hereby reenacted to read as follows: 18.44. Vegetation Protection and Landscaping A. Purpose, 1. The purpose of this section is to: a. Regulate the protection of existing trees and native vegetation in the shoreline jurisdiction; b. Establish requirements for removal of invasive plants at the time of development or re -development of sites; c. Establish requirements for landscaping for new development or re- development; d. Establish requirements for the long-term maintenance of native vegetation to prevent establishment of invasive species and promote shoreline ecosystem processes. 2. The City's goal is to: a. Preserve as many existing trees as possible and increase the number of native trees, shrubs and other vegetation in the shoreline because of their importance to shoreline ecosystem functions as listed below: (1) Overhead tree canopy to provide shade for water temperature control; - (2) Habitat for birds, insects and small mammals; (3) Vegetation that overhangs the river to provide places for fish to shelter; (4) Source of insects for fish; (5) Filtering of pollutants and slowing of stormwater prior to its entering the river; and (6) A long-term source of woody debris for the river. b. In addition, trees and other native vegetation are important for aesthetics. It is the City's goal that unsightly invasive vegetation, such as blackberries, be removed from the shoreline and be replaced with native vegetation to promote greater enjoyment of and access to the river. c. The City will provide information and technical assistance to property owners for improving vegetation in the shoreline jurisdiction and will work collaboratively with local citizen groups to assist property owners in the removal of invasive vegetation and planting of native vegetation, particularly for residential areas. B. Applicability. 1. This chapter sets forth rules and regulations to control maintenance and clearing of trees within the City of Tukwila for properties located within the shoreline W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 39 of 93 121 jurisdiction. For properties located within a critical area or its associated buffer, the maintenance and removal of trees shall be governed by TMC Chapter 18.45. TMC Chapter 18.54, "Urban Forestry and Tree Regulations" chapter shall govern tree removal on any undeveloped land and any land zoned Low Density Residential (LDR) that is developed with a single family residence. TMC Chapter 18.52, "Landscape Requirements," shall govern the maintenance and removal of trees on developed properties that are zoned commercial, industrial, or multifamily, and on properties located in the LDR zone that are developed with a non -single family residential use. The most stringent regulations shall apply in case of a conflict. 32. With the exception of residential development/re-development of 4 or fewer residential units, all activities and developments within the shoreline environment must comply with the landscaping and maintenance requirements of this section, whether or not a shoreline substantial development permit is required. Single family residential projects are not exempt if implementing a shoreline stabilization project or overwater structure. 43. The tree protection and retention requirements and the vegetation management requirements apply to existing uses as well as new or re -development. C. Minor Activities Allowed without a Permit or Exemption. a. The following activities are allowed without a permit or exemption: (1) Maintenance of existing, lawfully established areas of crop vegetation, landscaping (including paths and trails) or gardens within shoreline jurisdiction. Examples include, mowing lawns, weeding, harvesting and replanting of garden crops, pruning, and planting of non-invasive ornamental vegetation or indigenous native species to maintain the general condition and extent of such areas. Cutting down trees and shrubs within the shoreline jurisdiction is not covered under this provision. Excavation, filling, and construction of new landscaping features, such as concrete work, berms and walls, are not covered in this provision and are subject to review; (2) Noxious weed control within shoreline jurisdiction, if work is selective only for noxious species; is done by hand removal/spraying of individual plants; spraying is conducted by a licensed applicator (with the required aquatic endorsements from VVADOE if work is in an aquatic site); and no area -wide vegetation removal or grubbing is conducted. Control methods not meeting these criteria may still be approved under other provisions of this chapter. BD. Tree Protection, -Retention and Replacement. 1. Retention. a. 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 a land use application such as but not limited to subdivision or short plat, design review, or development permit 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 W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 40 of 93 122 re development may not be removed except those that interfere with access and pa -sage on--publiG-tr-ai4s-er-4hat-preseRt-an-impaineRt-hazar-d-te-existing-str-uetures-er-the-pubiic,if the-hazar-44s--1104-Feadily-appaFent,the-City-may-requiFe-an-evaluatien-by-an--1Rteriaational Society of Arborists (ISA) certified arborist. gb. Topping of trees is prohibited untess absolutely necessary to protect and will be regulated., as removal and wih tree replacement will be required. 4-0c. Trees may only be pruned to prevent interference with an overhead utility line with prior approval by the Director. The pruning must be carried out under the direction of a Qualified Tree Professional or performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at least 2/3 the height of the tree prior to pruning. Pruning more than 25% of the canopy in a 36 month period shall be regulated as removal with tree replacement required. 2. To protcct the ecological functions that trees and native vegetation provide te-414e--shor-ekle,-Femovai-ef--any-rgnifieant-tr-ee-er-native-vegetatien-iR-the-Shefeline Jur-isdiGtion--reqt4res-a--S14ereline--Tree-Removal-and-Vegetatien-Clear-i4ag-Per-mit-and-is generaily only allowed on cites undergoing development or re development. Only trees ails or trees that present an imminent 14azar-d-te-existing-struGkwes-er--tiae-publie-may-be-Ferneveci-frem-sites-witheut-aR-issue4 building permit or Federal approval. Factors that will be considered in approving tree and potential for root or canopy interference with utilities. 32. Permit Requirements. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and Vegetation Clearing Permit application must be submitted to the Department of Community Development (DCD) containing the following information: a. A vegetation survey on a site plan that shows the diameter, species and location of all significant trees and all existing native vegetation. b. A site plan that shows trees and native vegetation to be retained and trees to be removed and provides a table showing the number of significant trees to be removed and the number of replacement trees required. c. Tree protection zones and other measures to protect any trees or native vegetation that are to be retained for sites undergoing development or re -development. d. Location of the OHWM, river buffer, Shoreline Jurisdiction boundary and any sensitive critical areas with their buffers. e. A landscape plan that shows diameter, species name, spacing and planting location for any required replacement trees and other proposed vegetation. f. An arborist evaluation justifying the removal of hazardous trees if required by DCD. g. An application fee per the current Land Use Permit Fee resolution. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 41 of 93 123 3. Criteria for Shoreline Tree Removal. A Type 2 Shoreline Tree Removal and Vegetation Clearing Permit shall only be approved if the proposal complies with the following criteria as applicable: a. The site is undergoing development or redevelopment; b. Tree poses a risk to structures; c. There is imminent potential for root or canopy interference with utilities; d. Trees interfere with the access and passage on public trails; e. Tree condition and health is poor, the City may require an evaluation by an International Society of Arborists (ISA) certified arborist; f. Trees present an imminent hazard to the public. If the hazard is not readily apparent, the City may require an evaluation by an International Society of Arborists (ISA) certified arborist; and g. The proposal complies with tree retention, replacement, maintenance and monitoring requirements of this Chapter. 4. Tree Replacement Requirements. a. Where permitted, sSignificant trees that are removed, illegally topped, or pruned by more than 25 percent in 36 month period within from the shoreline jurisdiction shall be replaced pursuant to the tree replacement requirements shown below, up to a density of 100 trees per acre (including existing trees). b. Significant trees that are part of an approved landscape plan on a developed site are subject to replacement per TMC Chapter 18.52. Dead or dying trees removed from developed or landscaped areas shall be replaced 1:1 in the next appropriate season for planting. c. 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. Removal of non -hazardous trees as defined by TMC Chapter 18.06 in non -developed areas are subject to the tree replacement requirements listed in the table below. d. The Director or Planning Commission may require additional trees or shrubs to be installed to mitigate any potential impact from the loss of this vegetation as a result of new development. Tree Replacement Requirements Diameter* of Tree Removed (*measured at height of 4.5 feet from the ground) Number of Replacement Trees Required 4 - 6 inches (single trunk); 2 inches (any trunk of a multi -trunk tree) 3 Over 6 - 8 inches 4 Over 8 - 20 inches 6 Over 20 inches 8 W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 124 Page 42 of 93 5e. The property owner is required to ensure the viability and long-term health of trees planted for replacement through proper care and maintenance for the life of the project. Replaced trees that do not survive must be replanted in the next appropriate season for planting. 6f. If all required replacement trees cannot be reasonably accommodated on the site, off -site tree replacement within the shoreline jurisdiction may be allowed at a site approved by the City. Priority for off -site tree planting will be at locations within the Transition Zone. If no suitable off -site location is available, the applicant shall pay a fee into a tree replacement fund per the adopted fee resolution The fee shall be based on the--value--of-4he--replaGemeat-tfees-and--their-de113er-for--site-prepar-atiGia-and-prant 75. Large Woody Debris (LWD). When a tree suitable for use as LWD is permitted to be removed from the shoreline buffer, the tree trunk and root ball (where possible) will be saved for use in a restoration project elsewhere in the shoreline jurisdiction. The applicant will be responsible for the cost of moving the removed tree(s) to a location designated by the City. If no restoration project or storage location is available at the time, the Director may waive this requirement. Trees removed in the shoreline jurisdiction outside the buffer shall be placed as LWD in the buffer (not on the bank), if feasible. Priority for LWD placement projects will be in the Transition Zone. 8. D ad or dying trees located within the buffer or undeveloped upland portion they present a hazard to structures, facilities or the public. E. Tree Protection During Development and Redevelopment. All trees not proposed for removal as part of a project or development shall be protected using Best Management Practices and the standards below. 1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable, shall be identified on all construction plans, including demolition, grading, civil and landscape site plans. 2. Any roots within the CRZ exposed during construction shall be covered immediately and kept moist with appropriate materials. The City may require a third -party Qualified Tree Professional to review longterm viability of the tree. 3. Physical barriers, such as 6-foot chain link fence or plywood or other approved equivalent, shall be placed around each individual tree or grouping at the CRZ. 10. For new development or rc development where trees are proposed for in the field prior to commencement of any construction or site cl ring activity. A minimum 4--feet-high--Genstruc-tion--laar-fier-shall-be-iRstallsigiaifiGant-trees-and-st-aFtds-of native trees or vegetation to be retained. 4. Minimum distances from the trunk for the construction physical barriers shall be based on the approximate age of the tree (height and canopy) as follows: a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 43 of 93 125 b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter. c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk diameter. 5. Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director. 6. A weatherproof sign shall be installed on the fence or barrier that reads: "TREE PROTECTION ZONE — THIS FENCE SHALL NOT BE REMOVED OR ENCROACHED UPON. No soil disturbance, parking, storage, dumping or burning of materials is allowed within the Critical Root Zone. The value of this tree is $ [insert value of tree as determined by a Qualified Tree Professional herel. Damage to this tree due to construction activity that results in the death or necessary removal of the tree is subject to the Violations section of TMC Chapter 18.44." 7. All tree protection measures installed shall be inspected by the City and, if deemed necessary a Qualified Tree Professional, prior to beginning construction or earth moving. 8. Any branches or limbs that are outside of the CRZ and might be damaged by machinery shall be pruned prior to construction by a Qualified Tree Professional. No construction personnel shall prune affected limbs except under the direct supervision of a Qualified Tree Professional. 9. The CRZ shall be covered with 4 to 6 inches of wood chip mulch. Mulch shall not be placed directly against the trunk. A 6-inch area around the trunk shall be free of mulch. Additional measures, such as fertilization or supplemental water, shall be carried out prior to the start of construction if deemed necessary by the Qualified Tree Professional's report to prepare the trees for the stress of construction activities. 10. No storage of equipment or refuse, parking of vehicles, dumping of materials or chemicals, or placement of permanent heavy structures or items shall occur within the CRZ. 11. No grade changes or soil disturbance, including trenching, shall be allowed within the CRZ. Grade changes within 10 feet of the CRZ shall be approved by the City prior to implementation. 12. The applicant is responsible for ensuring that the CRZ of trees on adjacent properties are not impacted by the proposed development. 13. A pre -construction inspection shall be conducted by the City to finalize tree protection actions. 14. Post -construction inspection of protected trees shall be conducted by the City and, if deemed necessary by the City, a Qualified Tree Professional. All corrective or reparative pruning will be conducted by a Qualified Tree Professional. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 44 of 93 126 GF. Landscaping. and for the romaining part of the Shoreline Jurisdiction for each environment designation. 1. General Requirements. For any new development or redevelopment in the Shoreline Jurisdiction, except single family residential development of 4 or fewer lots, invasive vegetation must be removed and native vegetation planted and maintained in the River Buffer, including the river bank. a. The landscaping requirements of this subsection apply for any new development or redevelopment in the Shoreline Jurisdiction, except: single family residential development of 4 or fewer lots. The extent of landscaping required will depend on the size of the proposed project. New development or full redevelopment of a site will require landscaping of the entire site. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of landscaping to be carried out. shading th- river shall b: ired. b. Invasive vegetation must be removed as part of site preparation and native vegetation planted, including the river bank to OHWM. c. On properties located landward of publicly maintained levees, an applicant is not required to remove invasive vegetation or plant 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 aA plan must be submitted indicating how the work will be done and what erosion control and tree protection features will be utilized. Federal and State permits may be required for vegetation removal with mechanized equipment. e. Trees and other vegetation shading the river shall be retained or replanted when riprap is placed, as specified in the approved tree permit if a permit is required. f. Removal of invasive vegetation may be phased over several years prior to planting, if such phasing is provided for by a plan approved by the Director to allow for alternative approaches, such as sheet mulching and goat grazing. The method selected shall not destabilize the bank or cause erosion. g. A combination of native trees, shrubs and groundcovers (including grasses, sedges, rushes and vines) shall be planted. The plants listed in the Riparian Restoration and Management Table of the 2004 Washington Stream Habitat Restoration Guidelines (Washington Department of Fish and Wildlife, Washington Department of Ecology, and U.S. Fish and Wildlife Service, Olympia, Washington, as amended) shall provide the basis for plant selection. Site conditions, such as topography, exposure, and hydrology shall be taken into account for plant selection. Other species may be approved if there is adequate justification. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 45 of 93 127 h. Non-native trees may be used as street trees or in approved developed landscape areasin cases where conditions are not appropriate for native trees (for example where there are space or height limitations or conflicts with utilities). i. Plants shall meet the current American Standard for Nursery Stock (American Nursery and Landscape Association — ANLA). j. Plant sizes in the non -buffer areas of all Shoreline Environments shall meet the following minimum size standards: Deciduous trees 2-inch caliper Conifers 6 — 8 foot height Shrubs ....... .. ... 24-inch height Groundcover/grasses 4-inch or 1 gallon container k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2-inch in diameter. I. Site preparation and planting of vegetation shall be in accordance with best management practices for ensuring the vegetation's long-term health and survival. m. Plants may be selected and placed to allow for public and private view corridors and/or access to the water's edge. n. Native vegetation in the shoreline installed in accordance with the preceding standards shall be maintained by the property owner to promote healthy growth and prevent establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed, bindweed) shall be removed on a regular basis, according to the approved maintenance plan. o. Areas disturbed by removal of invasive plants shall be replanted with native vegetation where necessary to maintain the density shown in TMC Section 18.44.ete060.B.4. and must be replanted in a timely manner, except where a long term removal and re -vegetation plan, as approved by the City, is being implemented. p. Landscape plans shall include a detail on invasive plant removal and soil preparation. pg. 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. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/Mabjs Review and analysis by Barbara Saxton Page 46 of 93 128 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 an approved biologist shall be submitted to the City for approval that shows plant species, size, number and spacing. The requirement for a landscape architect or biologist may be waived by the Director for single family property owners (when planting is being required as mitigation for construction of overwater structures or shoreline stabilization),, if the property owner accepts technical assistance from City staff. b. Plants shall be installed from the OHWM to the upland edge of the River Buffer unless the Director determines that site conditions would make planting unsafe. c. Plantings close to and on the bank shall include native willows, red osier dogwood and other native vegetation that will extend out over the water, to provide shade and habitat functions when mature. Species selected must be able to withstand seasonal water level fluctuations. d. Minimum plant spacing in the buffer shall follow the River Buffer Vegetation Planting Densities Table shown in TMC Section 18.44.080060.C.2. 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. q. The Director, in consultation with the City's environmentalist, may approve the use of- shrub planting and installation of willow stakes to be counted toward the tree replacement standard in the buffer if proposed as a measure to control invasive plants and increase buffer function. River Buffer Vegetation Planting Densities Table Plant Material Type Planting Density Stakes/cuttings along river bank (willows, red osier dogwood) 1 - 2 feet on center or per bioengineering method Shrubs 3 - 5 feet on center, depending on species Trees 15 — 20 feet on center, depending on species Groundcovers, grasses, sedges, rushes, other herbaceous plants 1 — 1.5 feet on center, depending on species Native seed mixes 5 - 25 Ibs per acre, depending on species W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 47 of 93 129 3. Landscaping Requirements for the Urban Conservancy and High Intensity Environments — Outside of the River Buffer. For the portions of property within the Shoreline Jurisdiction landward of the River Buffer the landscape requirements in the General section of this chapter and the requirements for the underlying zoning as established in TMC Chapter 18.52 shall apply except as indicated below. a. Parking Lot Landscape Perimeters: One native tree for each 20 lineal feet of required perimeter landscaping, one shrub for each 4 lineal feet of required perimeter landscaping, and native groundcovers to cover 90% of the landscape area within 3 years, planted at a minimum spacing of 12 inches on -center. b. Interior Parking Lot Landscaping: Every 300 square feet of paved surface requires 10 square feet of interior landscaping within landscape islands separated by no more than 150 feet between islands. c. Landscaping shall be provided at yards not adjacent to the river, with the same width as required in the underlying zoning district. This standard may be reduced as follows: (1) Where development provides a public access corridor between off - site public area(s) and public shoreline areas, side yard landscaping may be reduced by 25 percent to no less than 3 feet; or (2) Where development provides additional public access area(s) (as allowed by the High Intensity and Urban Conservancy Environment Development Standards) equal in area to at least 2.5% of total building area, front yard landscaping may be reduced by 25 percent. €G. Vegetation Management in the Shoreline Jurisdiction. The requirements of this section apply to all existing and new development within the shoreline jurisdiction. 1. Trees and shrubs may only be pruned for safety, to maintain views or access corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines, and/or for improving shoreline ecological function. No more than 25% may be pruned from a tree within a 36 month period without prior City review and is subject to replacement ratios of this chapter. This type of pruning is exempt from any permit requirements. Topping of trees is prohibited and shall be regulated as removal with tree replacemet required 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; W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 48 of 93 130 (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 precents a copy of the Aguatic Pesticide Permit issue€1-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. 4. Restoration Project Plantings: Restoration projects may overplant the site as a way to discourage the re-establishment of invasive species. Thinning of vegetation to improve plant survival and health without a separate shoreline vegetation removal permit may be permitted five to ten years after planting if this approach is approved as part of the restoration project's maintenance and monitoring plan. H. Maintenance and Monitoring. The property owner is required to ensure the viability and long term health of vegetation planted for replacement or mitigation through proper care and maintenance for the life of the project subject to the permit requirements as follows: 1. Tree Replacement and Vegetation Clearing Permit Requirements: a. Schedule an inspection with the Urban Environmentalist to document planting of the correct number and type of plants. b. Submit annual documentation of tree and vegetation health for three years. 2. Restoration and Mitigation Project Requirements: a. A five-year maintenance and monitoring plan must be approved by the City prior to permit issuance. The monitoring period will begin when the restoration is accepted by the City and as -built plans have been submitted. b. Monitoring reports shall be submitted annually for City review up until the end of the monitoring period. Reports shall measure survival rates against project goals and present contingency plans to meet project goals. c. Mitigation will be complete after project goals have been met and accepted by City environmentalist. d. A performance bond or financial security equal to 150% of the cost of labor and materials required for implementation of the planting, maintenance and monitoring shall be submitted prior to City acceptance of project. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 49 of 93 131 Section 22. TMC 18.44.070 is hereby reenacted to read as follows: 18.44.090070 Environmentally Sensitive Critical Areas within the Shoreline Jurisdiction A. ©u 1---The-GFewth-Management--AGt-tection-,af-GFitiGal ar a.., sensitive or as), defined as wetlands, watercourses, frequently flooded ar as, geologically hazardous areas, critical aguifer recharge areas, fish and wildlife 2. The purpose of protecting environmentally sensitive areas within the shoreline jurisdiction is to: a. Minimize development impacts on the natural functions and values of the ar s. b. Protect quantity and quality of water resources. c. Minimize turbidity and pollution of wetlands and fish b aring waters and €1,---P-repant-eresiGn-anci-the-lossof e-a4€1--soil-stability-caused-by-the femoval-ef4reesT-shPubsr-and-Paot-systems-of vegetative cover. emergencyreUef opefations-Gest-7-an€1--subsictGest-ef-p4alic,--mitigatiGn4FGRI-tansubskieRGe7-ereSi044-,an4 f. Protect the community's aesthetic resources and distinctive features of natural lands and wooded hillsides. g. Balance the private rights of individual property ownerc with the preservation of environmentally sensitive ar as. h. Prevent thc Io. of wetland and watercourse function and acreage, and strivo for a gain over present conditions. i. Give special consideration to conservation or protection measures necessary to protect or enhance anadromous fisheries. j. Incorporate the use of best available science in the regulation and protection of-seRsit4e-areas-as-FewiFecklay-the-state-Growth-Management-Ast-assording-to WAC 365 195 900 through 365 195 925 and WAC 365 190 080. 3. The goal of these sensitive area regulations is to achieve no net Icr, of 1. Sensitive areas located in the shoreline jurisdiction arc regulated by the Shoreline Management Program and this chapter. However, thc level of protection for the seRsitive-areas--lesatecl-in4he-s14or-eline-jur-isdistiGn-shall-be-at-least-equal-te-that-pc-ovlele€1-i11414e Sensitive Areas section of the Zoning Codc (TMC Chapter 18/15). W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 132 Page 50 of 93 Map 5. This map is based eR assessFReRt E)f G61FFeRt GGRditiGRs and Feview ef the best available the boundaries ofthe -sensitive orgpashown are not exact. /tisthe responsibility ofthe property in the field. Sensitive area provisions for abandoned mine areas do not apply as none of these orcpaic located inthe -shoreline jurisdiction. C. Best Available Science. Po|ickes, regulations and doccions concerning sensitive or s shall rely on Bost Available Snomcc to protect the sensitive or as' functions and may supplement scientific infOrnJUon, but is not an adequate substitution for valid and zvoi|oi4z 6en6itive area a-,4/-, - buffel; shall submit these studies as FeqUiFed by below to adequately identify -and ev-alu--te tlhe-sens4ive area and its buffers. o. A required -sensitive areas study ohoU be prepared by n parson with oxpahcnmo and training in the scientific discipline appropriate for the relevant sensitive or a, A qualified profcssional must have obtained a B.S. or B.A. or equivalent degree in ecology or related scienma, engineer|nQ, environmental otudies, fiahohes, geotechnioa/ or related field, and at least b. The -sensitive arqus study ohoU use ociortU5nmUy valid methods and studies 4n the analysis Of SeRsitive aFea data and shall use field FeGE)FlnaiSSGIRGe and FefeFenGe the source ofscience used. The sensitive orostudy shall ovo!uatothe proposal and all probable impacts tosensitive areas. o. It is intended that sensitive areas studies applicants inpreparation nftheir proposals and therefore Shall be undertaken early inthe design stages ofoproject. Area Studies. At a minimum, the sensitive area study shall contain the following information, a-, o. The nornc and contact information of the opo4icont, a description of the b. Acopy ofthe site plan for the development proposal showing: senoitiVcar ^ W: Legislative Code changes 8-649 Page 51 of 93 133 c The dates, nonlos and qualifications ofthe p documentation of any fieldwork performed on the site; o. /\ statement specifying the accuracy of tho-studyanUassunlotionausedintho f. Determination of the degree of impact and hCh from the proposal both on the site and on adjacent properties; bLjffcrs and other properties resulting from the proposal; avoid, minimize i. Plans for adequate mitigation tooffset any impacts; i Recommendations for rnaintenonno, short term and long term monitoring, contingency plans and bondiRg meas . es; and � Any technical information required by the director to o-sist in determining compliance. 3. Geotechnimm/Stwdiem' o. /\geotochnioo/study appropriate bothtothaoiteoonditionaondUheprnooaed development shall be required for development in Class 2, Class 3, and Cla-s I Ar as. information regarding the site and o-surface reconnaissance of the site and adjacent areas. For oonsuKart. |naddition, for Class 3and Class -4 Areas. the study shall include of ocibi|it«ono|yoin conditions. Detailed okyoe -stability ono|yoia shall be done if the geotechnical engineer roonnnrnonds it in C|ooa O oroos, and must be done inC/o-a 4 or as. evaluations required in this -subsection. Thegeohechnioe| report and completed site evaluation the supervision of and signed and otonlood by the 000tcohnical engineer, The report -hall be prepared in consultation with the appropriate City department. Where appropriate, oDeo|ngiot must be included as part of the geotechnical consulting team, The report Shall make specific d. The opinions and recommendations contained in the report shall be supported by field observations and, where appropriate or applicable, by literature review conducted by the and onanalysis ofsoil characteristics conducted by or under the supervision of the engineer in standards. If the evaluation involves geologic evaluations or interpretations, the report shall be W: Legislative Development\SMP-Zoning Code changea&6-18 NG/MD:bjs Review and analysis by Barbara Saxton 134 Page 52of83 a. The Director may limit the required geographic area of the cnsitivc ar study as appropriate if: to access properties adjacent to the project area; or (2) The proposed activity will affect only a limited part of the site. b. The Director may allow modifications to the reguired contents of the study-wher-e,i11-the-fudgmeat-Of-a-g61alified-pFefessienalT-mor-e-er-lation-is r-equired-t-e-adequate1y-aeldress-the-petential-sensitive-area-insipaGt-s-and-requIFed mitigation. c,l-f-ther-e-is-wr-itten-agFeemegt-between-the-Direstor-an€14he-applieant concerning the sensitive arcia clasification and type, the Director may waive the Fequir-emeRt-fer--sensitive-area-studies-pr-evided4hat-R0-actveFse-impapts-te-sensitive-aFeas or buffers will result. There must be substantial evidence that the sensitive areas clel-ineatien-and-GlassifisatioR-aFe-ear-reGtT-that-t-her-e-v.41-1-lae-140-detFimental-impaet-te-the sensitive-aFeas-er---19uffer-14-14at-the-geals7--pur-poseseblectives-and-Fecuirements-ef the Shoreline Management Program will be followed.Applicable Critical Arcs 1. A. Applicable Critical Areas Regulations. The following critical areas shall be regulated in accordance with the provisions of the Critical Areas Ordinance TMC Chapter 18.45, (Ordinance #, date), which is herein incorporated by reference into this SMP, except as provided in TMC Section 18.44.070(B). Said provisions shall apply to any use, alteration, or development within shoreline jurisdiction whether or not a shoreline permit or written statement of exemption is required. Unless otherwise stated, no development shall be constructed, located, extended, modified, converted, or altered, or land divided without full compliance with the provisions adopted by reference and the Shoreline Master Program. Within shoreline jurisdiction, the regulations of TMC Chapter 18.45 shall be liberally construed together with the Shoreline Master Program to give full effect to the objectives and purposes of the provisions of the Shoreline Master Program and the Shoreline Management Act. If there is a conflict or inconsistency between any of the adopted provisions below and the Shoreline Master Program, the most restrictive provisions shall prevail. 1. Wetlands 2. Watercourses (Type F, Type Np, Type Ns) 3. Areas of potential geologic instability 4. Abandoned mine areas 5. Fish and wildlife habitat conservation areas W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 53 of 93 135 B. The following provisions in TMC Chapter 18.45 do not apply: 1. Critical Area Master Plan Overlay (TMC Section 8.45.160) 2. Reasonable Use Exception (TMC Section 18.45.180). Exceptions within shoreline jurisdiction shall require a shoreline variance based on the variance criteria listed in TMC Section 18.44.110(F) and WAC 173-27-170. 3. Permitting, Appeals, and Enforcement Procedures (TMC 18.45.195) 4. Activities and alterations to shorelines of the state and their buffers shall be subject to the provisions of this Master Program. 5. Shoreline buffer widths are defined in TMC Section 18.44.040 . 6. Future amendments to the Critical Areas Ordinance require Department of Ecology approval of an amendment to this Master Program to incorporate updated language. 7. If provisions of the Critical Areas Ordinance conflict with provisions of this Master Program, the provisions that are the most protective of the ecological resource shall apply, as determined by the Director. 8. If there are provisions of the Critical Areas Ordinance that are not consistent with the Shoreline Management Act, Chapter 90.58 RCW, and supporting Washington Administrative Code chapters, those provisions shall not apply. C. Areas of seismic instability are also defined as critical areas. These areas are regulated by the Washington State Building Code, rather than by Section 18.44.070 of this chapter. Additional building standards applicable to frequently flooded areas are included in the Flood Zone Management Code (TMC Chapter 16.52). E. Procedures. When an applicant cubmits an application for any building permit, subdivision, short subdivision or any other land use rcvicw that approves a use, buffers on the site shall be indicated on the plans submftted. When a sensitive area is 1. The applicant shall submit the relevant sensitive area study as required by this chapter. 2. The Department of Community Development will rcvicw thc 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 3. Denial of use or development. A use or development will be denied if the laiFectoF-deter-mines-that-the-appliGant-c-anRet-e14661Fe-that-potentia1-dangeFs-and-Gests-te future inhabitants of the development, adjacent properties, and Tukwila are minimized and mitigated to an acceptable level. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 136 Page 54 of 93 meetings prior to any work on the site. monitor the site during construction. , XX State Wetland and Delin tion Manual, as required by RCW 36.70A.175 (Ecology Publication #96 9/1) and consistent with the 1987 Corps of Engineers Wetland Delineation Manual. 2. Wetland determinations shall be made by a qualified professional (certified a wetland professional). 3. Wetland ar as within the City of Tukwila have certain characteristics, Wetland functions include, but are not limited to the following: improving water quality; and providing habitat for plants, mammals, fish, birds, and amphibians. Wetland functions shall be evaluated using the Washington State Functional Assessment Method. A. Wetlands shall be designated in accordance with the Washington Stag Ecology, August 2004, Publication #0/1- . a. Category I wetlands are those that: (2) are more sensitive to disturbance than most wetlands; or el) provide a high level of functions. The following types of wetlands listed by the Washington State Category I: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 55 of 93 137 (19)--Wetiands-that-peFfer-ni-many-f-U14GtioRs-well-and-SGefe-at-ieast 70-90intrriR-the-Wester-n-Washingtan-Wetlands-Rating-System, (c) Waterfowl or shorebird ar as designated by the State Department of Fish and Wildlife. b. Category II wetlands arc difficult, though not impossible to replace and provide high levels of some functions. These wetlands occur more commonly than wetlands potentially in Tukwila's Shoreline Jurisdiction include: (1) Estuarine wetlands Any estuarine wetland smaller than an acre, ef-those-tilat-afe-distuFbed-a11el-targer-tlian-4-aGre-afe-Gategary-11-wetiands, (2)-Wetiands-that-peFfoFM-fURetianS-we-1-1--VVeflands-sG0-4N-between 54-69-peints-(061t-Gf--100)-en-the-questiGns-Felated-te-the-funGtions-present-are-CategeFy c. Category III wetlands have a moderate level of functions (scores between 30 50 points). Wetlands scoring between 30 50 points generally have been distuFlaecl-iR-SoMe-ways-and-ace-often-less-diveFse-0T-F1449fe-issiated-fr-em-sather--natural resources in the landscape than Category II wetlands. d. Category IV wetla-nds have the lowest levels of functions (scores Ies than 30 points) and are often heavily disturbed. While these are wetlands that should be able-to-be-FepTaGed-ar-imigFeved,-t-14ey-st41-neeci-13r-GtectiGn-19eGaUSe-t-l4ey-maRrevide some important functions. Any disturbance of these wetlands must bc considered on a case by case basis. Watercourse ratings are basod on the existing habitat functions and aro Type 1 (S) court-J.0: Watercourses inventoried as Shorelines of the b. Type 2 (F) Watercourse: Those watercourses that have either perennial (year round) or intermittent flows and support salmonid fish use. c. Type 3 (NP) Watercourse: Those watercourses that have perennial flows and are not used by salmonid fish. el--Type-44-N-S-)-Wate-FGe-u-r-seT-140se-water-Ge-u-r-ses-that-have-inter-mittent flows and are not used by salmonid fish. 2. Watercourse sensitive area studies shall be performed by a qualified professional (hydrologist, geologist, engineer or other scientist with experience in preparing watercourse a-sessments). 1. Fish and wildlife habitat conservation ar as within the shoreline jurisdiction include the habitats listed below: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 138 Page 56 of 93 a,—Areas-witla-which-ecKlancjeredr thFeatened,-afiel-sensitive-specyies-have-a primary association; 19,-1-1abitats-alld-speGe-s-ef-lecal-impGFEanGer iRGIu421ing-b614-nGt-Vimited4e-bal421 c. Waters of the State (Le., the Green/Duwamish River itself; d,T----State-rlatuFal-area-d-natur-a4-resouroe-oonseFvation-areaai c. Areas critical for habitat connectivity. 2. The approximate location and c Rt of known fish and wildlife habitat 6041&efvation-areas-aFe-icientified-in-the-Shereline-1nventofy-and-CharaGterizatitan-Repoct and-aFe-shown-01-the-SensitiveAreas-iR-the-S11oFeline4ur-isetiGtion-map.--0nly-the-salmon habitat-enhancement-prejeGt-sites-sompleted-er-uncleRvay-are-sliown-as-Fish-and-Wil€11ife Conservation Ar as on the Sensitive Arcis in the Shoreline Jurisdiction Map. Strc\am, arc shown as watercourses. The river is not shown as a Fish and Wildlife Habitat Conservation Ar a for the sake of simplicity. Fish and wildlife habitat conservation areas correlate closely with the areas identified as regulated watercourses and wetlands and their buffers, as well as off channel habitat areas created to improve salmon habitat (shown on the Sensitive Areas Map) in the Shoreline jurisdiction. The Green/Duwamish River is recognized as the most significant fish and wildlife habitat corridor. In addition Gilliam Creek, Riverton Creek, Southgate Creek, Hamm Creek (in the North Potential Annexation Area (PAA), and Johnson Creek (South PM) all provide salmonid habitat. Buffefs. 1. Purpose and Intent of Buffer Establishment. a. A buffer ar a shall be established adjacent to designated sensitive ar as. The purpose of the buffer area shall be to protect the integrity, functions and values-e-f-4he-sensitive-ar-eas,-AflO-and-a4ter-atiGn-must-be-[GGated-GLtt-Gf-the-bEif4er-aFeas as required by this section. b. Buffers are intended in general to: (1) Minimize long term impacts of development on propertics containing sensitivo ar as. (2) Protect sensitive ar as from adverse impacts during development. (3)-P-resefve-the-edges-ofwetlands-anG1414e-banks-GPoiateFGetir-ses-and fish and wildlife habitat conservation areas for their critical habitat value. M-Provide-an-aFea449-stabilize-bankste-alasof-b-ovefflow-G161F41g-high water events and to allow for slight variation of aquatic system boundaries over time duo to hydrologic or climatic effects. (5)--RFovide-shad-ing-te-watercewses-and-fish-ancl-wi14-ife-habitat c vegetative cover W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 57 of 93 139 (6) Provide input of organic debris and nutrient transport in watercourses. (7) Reduce erosion and increased surface water run off. (8) Reduce loss of or damage to property. (9) Intercept fine sediments from surface water run off and serve minimize water quality impacts. (-10)-P-retest—the—seRsit4ve—a-Fea—fieFFI—human—an-d—clemestis—animal ostabUshed: a. Wetland buffers (m asured from the wetland edge): (1) Category I & II Wet (2) Category III Wetland: 80 foot buffer. (3) Category IV Wetland: 50 foot buffer. b. Watercourse buffers (measured from the OHWM): Type 1 (S) Watercourse: The buffer width for the Green/Duwami h nations of this SMP for thc three designated shoreline environments. (2) Type 2 (F) Watercourse: 100 foot wide buffer. (3) Type 3 (NP) Watercourse: 80 foot wide buffer. (4) Type '1_(NS) Watercourse: 50 foot wide buffer, G,--Fiell-and-WildIife-1=1abitat-Gen-seputatien-Ar-ealae-lauffer-w411-be-the same as the river buffer established for each Shoreline Environment measured from the OHWM, unlcc an alternate buffer is established and approved at the time a fish and shaII-Ige-set-baGk--15-feet-ancl-a1-1-ether-deve[epmeRt-sha1l-be-set-baek-10-feet-from-the sensitive area buffer's edge. The building setbacks shall be measured from the feundatien-te-the-bufferls-esige,—Bui4ding-plans-shall-alse-ideMify-a-20-feet-aFea-beyenst the-buffersetbaekwitiaifi-whiehthe-impaets-ef-develepmentwi11-be-reviewed.--The-DiTeGtef may waive setback reguirements when a site plan demonstrates there will be no adverse impacts to the buffer from conctruction or occasional maintenance activities. River (Type 1 watercourse for which any variation in the buffer shall be regulated under m), thc buffer width may be reduced on a case by case basis, provided the reduced buffer area does not contain siopes 1 5% 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 Subctantial Development Permit if: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 58 of 93 140 a. Additional protection to wetlands or watercourses will be provided threugthe-imlalementatiewl-Gf-a-fauffer-e1414a4Gement-Ialafland b. Thc existing condition of the buffer is degraded; and c„-Buffer-eR14arieement-iRoludes,but-ie-net-1ie-followi-n94 (1)—Plantin-g--vegetatien4hat-would-i-nerease-value-for-fisilellife habitat or improve water quality; (2)—E-111aFIGeFneRt-04-wildlife-habitat-1414Garperating-stf-uGtufes-that-are wads/stumps, birdhouses and hcron ncsting arckas; or (3)--Removing-nen-native-plant-6peeie6-and-ROXi0616-weeds-frem-the buffer ar a and replanting thc ar a. 5. Increase in Standard Buffer Width. Buffers for sensitive areas will be increased when they are determined to be particuIary sensitive to disturbance or the proposed development will cr ate unusually adverse impacts. Any increase in the width Gf-the-bbtffer-shall-be-Fewifecl-Gnly-after-Gomp4etien-Gf--a-sensitive-ar-eas-stu4y-by-a qualified biologist that documents the basis for such increased width. An increase in buffer width may be appropriate when: a. The development proposal has the demonstrated potential for significant adverse impacts upon the sensitive area that can be mitigated by an increased buffer b. Thc area serves as habitat for endangered, threatened, sensitivc or monitor species listed by the federal government or the State. 6. Maintenance of Vegetation in Buffers. Every reasonable effort shall be made to maintain any existing viable native plant life in the buffers. Vegetation may •e removed from the buffer as part of an enhancement plan approved by the Director. EfthaPoemegte-wi4-eneuce-that-elope-stability-and-wetlancl-eF-watereourse-qualiWM11-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 cpecific site as determined by the Director. If the vegetation must be removed, or the vegetation becomes damaged ordies because of the alterations of the andscape, then the applicant for a permit must replace exicting vegetation with comparable specimens, approved by the Director, which will restore buffer functions within five years. 1. Classification. Arcias of potential geologic instability are classified as follows: Cla is 1 ar a, where land lidc potential is low, and which siope is le,,s than 15%; b. Class 2 areas, where IandsIide potential is moderate, which siope is between_4594_and_43947_and_whiGh__are_uildecia4444y4elatively_pecmeatge_sGisi W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 59 of 93 141 c, Clacs 3 areas, where Iandshde potential is high, which inciude areas 0 0 , and which are underlain by reIatveIy impermeable soUs ar-by-bectRad d. Class '1 areas, where landsUde potential e very high, whch incude 2. Exemptions. The following areas are exempt from regulation as geologically hazardous areas: a Temporary stockpiles of topsoil, gravel, b uty bark or other similar land c ping or construction materials; b. Siopes related to materials used as an engineered pre !oad for a building pad; c. Any temporary slope that has been created through legal grad-i-Rg activities under an approved permit may be re graded. d. Roadway embankments within right of way or road easements; and e--S-149-Pes-Fetained-lay-aPPr-oved-engineereci-&tatGtur-esT-excePt-Fiver-laaRk structurcs and armoring. a. Development or alterations to areas of potential geologic instability that form the river banks shall be governed by the policies and reguirements of the Shoreline Stabilization section of this chapter. Development proposals on all other lands containing or threatened by an area of potential geologic instability Class 2 or higher shall be subject to a geotechnical study. The gcotechnical report shall analyze and make recommcndations on the need for and width of any cetbackc or buffers necescary to insure slope stability. Development proposals shall then include thc buffer distances a define421--wit-44R--the--geotedhniGal--Fepor-The-geotedhRica1-study-sha11-19e-peFfoFmed-lay-a qualified professional geotechnical engineer, licensed in the State of Washington. b. Prior to permitting alteration of an area of potential geologic instability, the applicant must demonstrate onc of the following: (1)--There-is-ne-eVietegGe-Gf-past-iRstability-Gr-eaftti-movement-il-the vicinity of the proposed development, slope stability indicates no significant-r-isk to the proposed development or surrounding properties; or (2) The area of potential geologic instability can be modified or the pr-ojedt--daR--lae--clesigned--s-o--that--aRy--poteRtial--impadt-to-the-projedt-and-surcouRdmg discharge or sedimentation shall not decrease siope stability. a. Buffers are intended to: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 60 of 93 142 (1) Minimize long term impacts of development on properties containing scnsitivo areas; (2)—Rreteet-seasitive-areas-fr-em-a&er-se-inapaGts-G161414g-developmenti {-3}—P-FeveRt-IGadiRg-G#-pGte-ntially-unstable-slGpe-foFmationsi {4) Protect slope stability; (5)—Provide-e-r-06iOR-Garitr-e1-aricl-attenuation-of-preGipitatio43,-suFrac-e water and storm water runoff; (6) Reduce Io& of or damage to property; and b. Buffers may be increased by the Director when an area is determined to be particularly sensitive to the disturbance created by a development. Such a decision will-lae-based-fan-a-City-review-E4-the-repect-as-pFepared-by a-qualified-geoteGhRical engineer and by a site visit. a-.--Wher-e-any-pGrtion-cif--an-area-G4-poteatial-gealogiG-instability-is-eleared for development, a landscaping plan for the site shall include tree replanting in accordance with the Vegetation Protection and Landscaping section of this chapter. Vegetation shall bc sufficient to provide erosion and stabilization protection. b. It shall be the responsibility of the applicant to submit, consistent with the findings of the geotechnical report, structural plans which were prepared and stamp -es by a structural engineer. The plans and specifications shall be accompanied by a letter from the geotechnical engineer who prepared the geotechnica report stating that in geotechnical report; the risk of mage to thc proposed development site from soil instability will be minimal subject to the conditions set forth in the report; and the proposed clevelepment-will-R04-insrease-the-petential-for-SOi1-mevemeRt, c. Further recommendations signed and soled by thc geotechnical engineer shall be provided should there be additions or exceptions to the original feerommeRdations-based-on414e-plaFis,-site-GeRditieRs-er-Gther--suppocti9-61ataf-the geoteshniea1-engineer-wiae-reviews-the-plans-apicl-spesifisations-is-not-the-same-engineer who prepared the geotechnical report, the new engineer shall, in a letter to thc City accompanying the plans and specifications, express his or hcr agreement or disagreement with the recommendations in the geotechnical report and state that the plans and specifications conform to his or her recommendations. d. The architect or structural engineer shall submit to the City, with the application stating that hc or she has reviewed the geotechnical report, understands its recommendations, has explained or has had explained to the owner thc risks of lo-s, due fepeft-and-establisheci-measuFes-te-r-eduse-theiaetential-r-isk-Gf-iage-tiqat might be caused by any Barth movement predicted in the report. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 61 of 93 143 c. The owner shall execute a Sensitive Ar as Covenant and Hold Havmless-Agreement-41711414ifla-Witi=1-4he-land,OR-a4eFm-ppavided-by-the-City-The-C*411 fi4e-tcie--seimpleted-c-evenant--with-the--14444g--Caunt-y-Department-of-ReGefds-aRG1-Elestians at--the-expeRse-af-4he--applisant-C4-owner-A-Gepy--ef-the-FeGe-Fded-GGvenant-Avill-be forwarded to the owner. f-:--1A/henever--tTie-Gity-deternaines-that-the-pk---inteFest--wauld-net-be sefvecl--by-411e-4setiafic-e--ef-a--permit-in--an--area-Gf-petential-gee4egis-instalout property damage caused by, slides arising out of or occurring during construction, the g-NI:ier-e--reGemm-e-ncled-lay4h-e-g-eoteshni-Gal-repect,the-appIieant-shaFt retain a geotechnical engineer (preferably retain the geotechnical engineer who prepared the--final--geGteGhnicemendatiens-ancl-Feviewed-the-plans-and-spesifieatiens)-te monitor thc site during construction. If a different geotechnical engineer is retained, the Bew-geoteshaical--engineer-shall-submit-a-letter---te-the-Gity-stating-whether-or--1104-14e/she agrees--wit11--the--epiniens-and-reGemmenclatiens-of--the-ariginal-study,--FuFther recommendations, signed and s led by the geotechnical engineer, and supporting data shalf-be-pcovideci--sheuid-ther-e-be-exseptions-te4he-e4nal-recemmendatiGI:467 h. During construction the geotechnical -nginccr shall monitor compliance with--the--recammeadation&-inthet-geoteGhRisa1-repe4,paFtieular-ly-eite-exeavatien7shoring7 soil supportforfoundations inc!uding piles, subdrainage installations, soil compaction and any other geotechnical aspects of the construction. Unless otherwise approved by the Git-y74-14e--spesifiG--ceeommeRciations--Gontaicied-in-the-soils-repoFt-must--be-implemented, The--geGteG1444ical--engineer-shall-pFovide-te-the-Crity-written,dateci-menitering-repeFts-OP the progress of the construction at such timely intervals as shall be speoified. Omissions or deviations from the approved plans and speoifications shall be immediately reported to-411e--C4-T-Icle--f-inal--GGRe-#44GtiOR-R4GRit-Gr-i119-repeft-&11a11-Gentain-a-statement--frona-the geeteehnical-epgineer---thatEbased-upan-his-ar-heF-pfefessienal-opinienrsite-ebsefvetieRs ap€1--testing-dur-ing-the-11401440fing--ef-the-eenstr-uetiee---eansipletecl-clepment 644bstaRtially--eomplies-with--the--resemmendatiens-in-the-geeteshniea1-repeft-and4vith-a11 geotechnical related permit reguirements. Occupancy of the project will not be approved until the report has been reviewed and accepted by thc Director. i. Substantial weight shall be given to ensuring continued slope stability and thc resulting public h alth, safety and welfare in determining whether a development j. The City may impose conditions that addre,s site work problems which could include, but are not limited to, limiting all excavation and drainage installation to the diy-seasonT-er-sequensing-aetivities--sbiGh-as-iRStailiRg-ef-Gsiell-eontr-e1-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 pate t results in an-unaGcePtable-Fisk-of-damage-te-the-13FG19esed-develGPFRe4,-its-site-Gr-adiaGent P-FoPeFtics. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 62 of 93 144 1. General Sensitive Ar as Permitted Uses. All uses permitted in the Shorelino a-r-c ensitive argas within the jurisdiction except: a. Promcnades 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 Iandscaping and gardenc 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-Rative-tfees-and-shr-ubs-is-not--permittech-HeF49iC-ide-use-14:1-sensitive-afeas-of 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 alJowed without written permission of thc City. 3. Conditional Uses. Dredging, where necessary to remediate contaminate* sediments, if adverse impacts are mitigated, may be permitted. to the minimum necessary for project f asibility, and must have an approved mitigation plan developed in accordance with the standards in this chapter. a. Mitigation for wetlands shall follow the mitigation sequencing steps in this chapter and may include the foflowing types of actions: (1) Cr ation the manipulation of the physical, chemical or biological GharaGteristiGs-Gf-a-site-to-cleve1019-a-wetland-on-aR-u19414E1-ar-deePwater--sitew-14efe-a biological wetland did not previously exist; (2) Re establishment the manipulation of the physical, chemical or biological characteristics of a site with the goal of restoring wetland functions to a former wetland, resulting in a net increase in wetland acres and functions; (3) Rehabilitation the manipulation of the physical, chemical, or biological characteristics with the goal of repairing historic functions and processes of a degraded wetland, resulting in a gain in wetland function but not acreage; W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 63 of 93 145 (1) Enhancement biological characteristics to heig vegetatio4)-ec--te-change4he-growth-stage-Of-eompeeitien-C4-the-veget-atien-present-, feeuItiRg-in-a-ellaRge-in-wetlanel-funetiens-b614-1401-a-gain-in-wetlancl-aereage;-Of (5) A combination of thc three types. 1;i8kTiewed-alteratione-pef-wettarld-type-and-FFIitigatiaR-raties-are-as-fe11 (1) Alterations arc not permitted to- Category I wetlands unless -specifically exempted under thc provisions of this Program. Mitigation will still be required at-a-Fate-Gf-4+-1-fer-eFeatien-er-Fe-est-alatieNcneil--16-1-fef enhancement. the manipulation of the physical, chemical or (2) Alterations are not permitted to Category II wetlands unless specifically exempted underthe provisions ofthic Program. Mitigation will still be reguired at a rate of 3:1 for cr ation or rc establishment, 6:1 for rehabilitation, and 12:1 for enhancement. (3)--Alterations-te-Gategaly-111-wetlands-are-pFehibited-except-wilere-the location or configuration of the wetland provides practical difficulties that can be resolved lay-modifying--up-to-tigation-far-any-alteratiGR4o 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 crgation or fe-establiehment,4÷-1-fer-Fehabi4atien-a44€1-8-1-fer--eRharieement-a4ene, (1) Alterations to Category IV wetlands are allowed, where unavoidable and adeguate 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 rc establishment and 3:1 for rehabilitation and 6:1 for enhancement. (5) Isolated wetlands formed on fill material in highly disturbed environmental conditions and asses„cd as having low overall wetland functions (scoring below--24-peinte)--may--lae-a4tered-aReliter-reteeated-with-the-permiesien-ef-the-Difeetor, Thece wetlands may include artificial hydrology or wetlandc unintentionally created as the it a wetland is isolated is made by the US Army Corps of Engineers. functions and values of the watercourse shall be avoided. If alteration to the watercourse ie-uPaveklableT-a41--adver-se-impacts-shal1-13e-mitigated-ifl-aeceFiztanee-lovith-the-appreved mitigation plan as described in this chapter. Mitigation shall take place on site or as close as possible to the impact , and compensation shall be at a minimum 1:1 ratio. Any mitigation shafl result in improved watercourse functions over exicting conditions. a-Diverting-er-Fereuting-maer*GGGIAr-with-the-peFFIRiSSiGR-Of-the-DiFeetar and an approved mitigation plan, a, well a s necessary for thc life cycle or spawniRg-ef-salmeckls-shalI-110t-be-r-ereuteclunIese-it-Gan-be-elciewn-that-the-habitat-wi11 be improved for the benefit of the species. A watercourse may bc rerouted or day lighted W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 146 Page 64 of 93 b. Piping of any watercourse should be avoided. Relocation of a . piping; piping . . watercourse s preferred to n a watercourse sensitive area, t shafl be limited and shall require approval of the Director. Piping of Type 1 watercourses shall tcrcourses if it is necessary has a degraded buffer, is located in a highly developed ar a and does not provide shade, temperature control, etc. for habitat. The applicant must comply with the conditions of this-seGtion,-k4c46414gPf-91/41414g-e9(Gess-GaPaG*te-FReet-the-needs-Gf--the-system-dur-.144g a 100 year flood event, and providing flow restrictors and complying with water guality and existing habitat enhancement procedures. c. No process that reguires maintenance on a regular basis will be aeeeptab4e-ualess--t-his--maintenanee-pfOC-eS&4S-paFt-Gf-the-FegulaF-and-1:1GFRIal-fasilities maintenance process or unlecc the appflcant can show ding for this maintenance is ensured for as long as the use remains. d. Piping projects shall be performed pursuant to the following applicable standards: (1)--The--eenveyafiee--sy-stem-shal1-Ige-designed-te-eemply-with-the tandards in current use and recommended by the Department of Public Works. (-2)-ANhere-allowed,piping-shal-l-be-1-i-Ra-itecl-te4he-shertest-lehgt-1,)-pessible as-4etermifted-lay-the-gireeter-to-allow-aceess-eF140-a-pfepei* (3) Where water is piped for an access point, those driveways or entrances shall be consolidated to serve multiple properties where possible, and to minimize the length of piping. (4) When required by the Director, watercourses under drivable suFfaees--shall-be--eeata4Becl--ip--an--ar-eh--etilveFt--6[sing-ever-size-er-super-span-euiveFt-s-fer shall--be--r-epaRte€1--and-ephaheed-aC-GGfdiRg-te-a-plan-appr-evecl-by-the-Dir-eete (5) All watercourse crossings shaW-bc-de8 -nod to accommodate fish passage. Watercourse crossings shall not biock fish passage where the streams are fish boa ring. (4)--Stech4water-r-tin-eff-shal4-be-cletained-aRel-ihfi4tFateci-te-presei:ve-the watercourse channel's dominant discharge. (7)--44-seRst-Rietion-eIla4-be-clesigned-te-have-the-least-adverse-iFIRpaet e, buffer and surrounding environment, 8) Piping shall be constructed during periods of low flow, or as allowed rtment of Fish and WiIdIife tef-ctualitynAtatef-ex-iting-the pipe as for the water entering the pipe, and flow must be comparable. &—Fish-and-Atilellife----Conrserefatione,---AlteFations-40-the Green/Duwamish River are regulated by the shoreline provisions of this SMP. Alterations to Fish and Wildtife Conservation Areas that have been created as restoration or habitat W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 65 of 93 147 eff-oFts--14ave--been-examineel--with-the-iRterlt-to-avokl-aRel-miRiMize-impaGts-to-sensitive or as 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 thc following order of preference: a. Avoidance of ccnsitive area and buffer impacts, whether by finding b. Minimizing sensitive area and buffer impacts by limiting the degree of impact on site; m4tigatio+-4--p!ans are subject to Director ar-oval,--and-rnay-be-apiacoved-onIf-if-the a. The alteration will not adversely affect water quality; 19-The--alter-ation-vvill--Ret-adversely-affeet-fish,wil€11-ifeT-e-F-thei-F-habitat7 eT-Ile--atter-ation--wil1-net-have-a-R-ad-ver-se-effeet-e11-cl-rain-age-anctier ch----The-ateration-NA11-no. t-leaci-to--4nstaNe-eaFth--Gonditieas--of-Greate-a-n trd or contribute to scou ring actions; . The alteration will not be materially detrimental to any other property; f. The alteration will not have adverse effects on any other sensitive arqas or the shoreline. e a-n-E1 g. The mitigation will result in improved functions such as water guality, erosion control, wildlife and fish habitat. a. On site mitigation shall be provided, except where it can be demonstrated that: (1) On site mitigation is not scientifically feasible due to problems with hydrology, soils, or other factors; or W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 148 Page 66 of 93 (2) Mitigation is not practical due to potentially adverse impacts from surrounding land uses; or (3) Existing functional values created at the site of the proposed restoration are significantly gr ater than lost sensitive arga functions; or (4)Es fished rn regioall goals for r) floos e- r: flooconveyance habitat or other sensitive ar a functions have been established and strongly justify location of mitigation at another site. b. fF ite mitigat mhall occur within the--snoreli jurisdiction in a location where the sensitive area functions can be restored. Buffer impacts must be mitigated nt or as close as possible to the location of the impact c. Wetland creation, relocation of a watercourse, or cr ation of a new fish property owners unless otherwise exempted hie this chapter '1. 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 For wetland mitigation plans, the format should follow that established in "Wetland Mitigation in Washington State, Part 2 Developing Mitigation Plans" (Washington a. Baseline information of quantitative data collection or a review and cynthecis of cxi ti site, b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should include a description of site selection criteria, identification of target evaluation species and resoi Arce functions goals, and for beginning remedial action or contingency m sures. They may include or other ecological, geological or hydrological criteria. The following shall be considered (1) Sensitive area functions and improved habitat for fish and wildlife are improved over those of the original conditions. (2) Hydrologic conditions, hydroperiods and watercourse channels are {3) Acr age requirements for enhancement or creation are mct. {4) Vegetation native to the Pacific Northwest is installed and (5) Buffer anti bank conditions and functions exceed the original state W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 67 of 93 149 (4)--Stceam-Gbacicte[-halaitat-and-diMeRSiOns-ave-maintained-Of-impFeved suoll-414at--the-4isher-ies--144aitat--fupGtions--Of--tige-eepapensatery-stream-FeaGh-raeet-OF cceed that of the original str am. d. A detailed construction plan of the written specifications and descriptions of mitigation technigues. This plan should inolude the proposed construction sequeRc-e--and-cGizis-tr-uGtien--management,a1:4-14e-aGeampaRied-lal,Leletai-led-site-ctiagrams and blueprints that are an integral requirement of any development proposal. e. Monitoring and/or evaluation program that outlines the approach and frequency for assessing progress of the completed project. An outline shall be included that-spells-eat--how4he-me1:140r-ing-data-wi11-be-evaluated-and-Fepefteel, f. Maintenance plan that outUne the activities and freguency of rice with performance standards. g. Contingency plan identifying potential courses of action and any soffedive--measures--te--be--taken--when-meniteFiFig-er-evaluation-iRdieates-pFejeet performance standards have not bcen met. h. Performance security or other assurance devices. a. Mitigation projects shall be completed prior to activities that will permanently disturb sensitive ar as or their buffers and either prior to or immediately aftef-aetivities-that-4411-temper-ar*distuFb-sensitive-areas, b. Construction of mitigation projects shall be timed to reduce impacts to existing-wi4d4ifeT-flocaand--watec-quality,-ancl-shal1-19e-Gempletecl-pFieF-t-0-61Se-er-eeGupaney ef-414e--activity--er--clevelepicneiThe--Dir-eGtor--naay-a1-19w-activities-that-per-manently7ctistur-b wetlands or watercourses prior to implementation of the mitigation plan under the (1) To allow planting or re v conditions; (2) To avoid disturbance during critical wildlife periods; or (3) To account for unique site constraints that dictate construction timing or phasing. c. Monitoring of buffer alterations shall be reguired for three to five years. All other alterations shall bc monitored for minimum of five years. corrective actions and long term monitoring of the project if adverse impacts to regulated 7. Recording. Thc property owner receiving approval of a use or development p4r-suant-te-t-he--Shoretine--Master-P-T-ogram--sha4-reser-d-the-Gity-appreved-site-plaR-Glear-ly deliPeating--the-sensitive--area-and-its--lauffer--wit43--the-King-Geunty-D44siefl-Of-ReGer-ds-and statement that thc provisions of thiz., Gl4ajater-,as--ef-the--effestive-ciate--ef--the-er-€1inacIse-from-whiGh-the--SheFeline-Managemegt W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 150 Page 68 of 93 Program derives or is thereafter amended, control use and deveiopment of the subject property, and provide for any responsibility of the latent defects or deficienci a. The Director may require a letter of credit or other security device aGeeptab4e--te-Ine-Gity,-te--guefantee-pecfer-manee-and-maintenance-1-1 assurances shall be on a form approved by the City Attorney. an assurance device, on a form approved by the City Attorney, to cover the monitoring Gests-an€1--eocr-eetion-Gf-paseible-defieieneiee-fer--the4er-m-Of-the-appr-eved-meniteFing-and maintenance program. c. The assurance device shall be released by the Director upon receipt of written confirmation submitted to the Department from thc applicant's qualifies professional that the mitigation or re5toration has met its performance standards and is successfully established. Should the mitigation or restoration meet performance standards -nd-bc succe../sfully established in the third or fourth y ar of monitoring, the City may release the assurance device early. The assurance device may be held for a laean-met-Of-the-mitigation-has-Rest-been-suGeessfu*establiehe€1, C-Re-tease—Gf—the—see-u-Fitetees—R-Gt—absolve—th-e—p-r-epe-rty—owner—of responsibitity for maintenance or correcting latent defects or deficiencies or other duties Section 23. TMC 18.44.080 is hereby reenacted to read as follows: 18.44.1-00080 Public Access to the Shoreline A. Applicability. 1. Public access shall be provided on all property that abuts the Green/Duwamish River shoreline in accordance with this section as further discussed below where any of the following conditions are present: a. Where a development or use will create increased demand for public access to the shoreline, the development or use shall provide public access to mitigate this impact. For the purposes of this section, an "increase in demand for public access" is determined by evaluating whether the development reflects an increase in the land use intensity (for example converting a warehouse to office or retail use), or a significant increase in the square footage of an existing building. A significant increase is defined as an increase of 3,000 square feet. b. Where a development or use will interfere with an existing public access way, the development or use shall provide public access to mitigate this impact. Impacts to public access may include blocking access or discouraging use of existing on -site or nearby accesses. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 69 of 93 151 c. Where a use or development will interfere with a public use of lands or waters subject to the public trust doctrine, the development shall provide public access to mitigate this impact. d. Where the development is proposed by a public entity or on public lands. e. Where identified on the Shoreline Public Access Map in the Shoreline Master Program. f. Where a land division of five or greater lots, or a residential project of five or greater residential units, is proposed. 2. as an increase of 3,000 square feet. The extent of public access required will be proportional to the amount of increase in the demand for public access. For smaller projects, the Director will review the intent of this section and the scope of the project to determine a reasonable amount of public access to be carried out. Depending on the amount of increase, the project may utilize the alternative provisions for meeting public access in TMC Section 18.44.100080(F). The terms and conditions of TMC Sections 18.44 100080(A) and (B) shall be deemed satisfied if the applicant and the City agree upon a master trail plan providing for public paths and trails within a parcel or group of parcels. 3. The provisions of this section do not apply to the following: a. Short plats of four or fewer lots; b. Where providing such access would cause unavoidable health or safety hazards; c. Where an area is limited to authorized personnel and providing such access would create inherent and unavoidable security problems that cannot be mitigated through site design or fencing; or d. Where providing such access would cause significant ecological impacts that cannot be mitigated. An applicant claiming an exemption under items 3(b) - (d) above must comply with the procedures in TMC Section 18.44.100080(F). B. General Standards. 1. To improve public access to the Green/Duwamish River, sites shall be designed to provide: a. Safe, visible and accessible pedestrian and non -motorized vehicle connections between proposed development and the river's edge, particularly when the site is adjacent to the Green River Trail or other approved trail system; and b. Public pathway entrances that are clearly visible from the street edge and identified with signage; and IN: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 152 Page 70 of 93 c. Clearly identified pathways that are separate from vehicular circulation areas. This may be accomplished through the use of special distinct paving materials such as precast pavers, bomonite, changes in color or distinct and detailed scoring patterns and textures. d. Site elements that are organized to clearly distinguish between public and private access and circulation systems. 2. Required public access shall be fully developed and available for public use at the time of occupancy in accordance with development permit conditions except where the decision maker determines an appropriate mechanism for delayed public access implementation is necessary for practical reasons. Where appropriate, a bond or cash assignment may be approved, on review and approval by the Director of Community Development, to extend this requirement for 90 days from the date the Certificate of Occupancy is issued. 3. Public access easements and related permit conditions shall be recorded on the deed of title or the face of the plat, short plat or approved site plan as a condition tied to the use of the land. Recording with the County shall occur prior to the issuance of an Occupancy Permit or final plat approval. Upon re -development of such a site, the easement may be relocated to facilitate the continued public access to the shoreline. 4. Approved signs indicating the public's right of access and hours of access, if restricted, shall be constructed, installed and maintained by the applicant in conspicuous locations at public access sites. Signs should be designed to distinguish between public and private areas. Signs controlling or restricting public access may be approved as a condition of permit approval. 5. Required access must be maintained in perpetuitythroughout the life of the project. 6. Public access features shall be separated from residential uses through the use of setbacks, low walls, berms, landscaping, or other device of a scale and materials appropriate to the site. 7. Shared public access between developments is encouraged. Where access is to be shared between adjacent developments, the minimum width for the individual access easement may be reduced, provided the total width of easements contributed by each adjacent development equals a width that complies with Fire Department requirements and/or exceeds the minimum for an individual access. 8. Public access sites shall be connected directly to the nearest public area (e.g., street, public park, or adjoining public access easement). Where connections are not currently possible, the site shall be designed to accommodate logical future connections. C. Requirements for Shoreline Trails. Where public access is required under TMC Section 18.44.100080(A)1 above, the requirement will be met by provision of a shoreline trail as follows: 1. Development on Properties Abutting Existing Green River Trail. An applicant seeking to develop property abutting the existing trail shall meet public access W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 71 of 93 153 requirements by upgrading the trail along the property frontage to meet the standards of a 44 12-foot-wide trail with 2-foot shoulders on each side. If a 12-foot-wide trail exists on the property it shall mean public access requirements have been met if access to the trail exists within 1,000 feet of the property. 2. Development on Properties Where New edional Trails are Planned. An applicant seeking to develop property abutting the river in areas identified for new shoreline trail segments shall meet public access requirements by dedicating an 18 16- foot-wide trail easement to the City for public access along the river. 3. n-site Trail - ndards. Trails providing access within a property, park or restoration site shall be developed at a width appropriate to the expected usage and environmental sensitivity of the site. D. Publicly -Owned Shorelines. 1. Shoreline development by any public entities, including but not limited to the City of Tukwila, King County, port districts, state agencies, or public utility districts, shall include public access measures as part of each development project, unless such access is shown to be incompatible due to reasons of safety, security, impact to the shoreline environment or other provisions listed in this section. 2. The following requirements apply to street ends and City -owned property adjacent to the river. a. Public right-of-way and "road -ends," or portions thereof, shall not be vacated and shall be maintained for future public access. b. Unimproved right-of-ways and portions of right-of-ways, such as street ends and turn -outs, shall be dedicated to public access uses until such time as the portion becomes improved right-of-way. Uses shall be limited to passive outdoor recreation, car tophand carry boat launching, fishing, interpretive/educational uses, and/or parking, - which that accommodates these uses, and shall be designed so as to not interfere with the privacy of adjacent residential uses. c. City -owned facilities within the Shoreline Jurisdiction shall provide new trails and trail connections to the Green River Trail in accordance with approved plans and this SMP. d. All City -owned recreational facilities within the Shoreline Jurisdiction, unless qualifying for an exemption as specified in this chapter, shall make adequate provisions for: (1) Non -motorized and pedestrian access; (2) The prevention of trespass onto adjacent properties through landscaping, fencing or other appropriate measures; (3) Signage indicating the public right-of-way to shoreline areas; and (4) Mechanisms to prevent environmental degradation of the shoreline from public use. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 72 of 93 154 E. Public Access Incentives. 1. The minimum yard setback for buildings, uses, utilities or development from non-riverfront lot lines may be reduced as follows: a. Where a development provides a public access corridor between that connects off -site areas, or public shoreline areas to public shoreline areas, one side yard may be reduced to a zero lot line placement; or b. Where a development provides additional public access area(s) equal in area to at least 2.5% of total building area, the front yard (the landward side of the development) may be reduced by 50%. 2. The maximum height for structures within the shoreline jurisdiction may be increased by 15%-feet when: a. Development devotes at least 5% of its building or land area to public shoreline access; or b. Development devotes at least 10% of its land area to employee shoreline access. 0 43. The maximum height for structures within the shoreline jurisdiction may be increased by 15 feet for properties that construct a 11 12-foot-wide paved trail with a 2- foot-wide shoulder on each side for public access along the river in areas identified for new shoreline trail segments, or where, in the case of properties containing or abutting existing public access trails, the existing trail either meets the standard of a 11 12-foot- wide trail with 2-foot-wide shoulders on either side or the property owner provides any necessary easements and improvements to upgrade the existing trail to that standard along the property frontage. 4. During the project review, the project proponent shall be affirmatively demonstrated to that the increased height will: a. Not block the views of a substantial number of residences; b. Not cause environmental impacts such as, but not limited to, shading of the river buffer or light impacts adversely affecting the river corridor; and c. Achieve no net loss of ecological function; and, W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 73 of 93 155 d. Not combine incentives to increase the allowed building height above the maximum height in the parcel's zoning district. In no case shall the building height F. Exemptions from Provision of On -Site Public Access. 1. Requirements for providing on -site general public access, as distinguished from employee access, will not apply if the applicant can demonstrate one or more of the following: a. Unavoidable health or safety hazards to the public exist such as active railroad tracks or hazardous chemicals related to the primary use that cannot be prevented by any practical means. b. The area is limited to authorized personnel and tinherent security requirements of the use cannot be satisfied through the application of alternative design features or other solutions. c. The cost of providing the access, easement or other public amenity on or off the development site is unreasonably disproportionate to the total long-term cost of the proposed development. d. Unavoidable environmental harm or net loss of shoreline ecological functions that cannot be adequately mitigated will result from the public access. e. Access is not feasible due to the configuration of existing parcels and structures, such that access areas are blocked in a way that cannot be remedied reasonably by the proposed development. f. Significant undue and unavoidable conflict between the proposed access and adjacent uses would occur and cannot be mitigated. g. Space is needed for water -dependent uses or navigation. 2. In order to meet any of the above -referenced conditions, the applicant must first demonstrate, and the City determine in its findings through a Type II decision, that all reasonable alternatives have been exhausted including, but not limited to: a. Regulating access by such means as maintaining a gate and/or limiting hours of use; b. Designing separation of uses and activities through fencing, terracing, hedges or other design features; or c. Providing access on a site geographically separate from the proposal such as a street end cannot be accomplished. 3. If the above conditions are demonstrated, and the proposed development is not subject to the Parks Impact Fee, alternative provisions for meeting public access are required and include: a. Development of public access at an adjacent street end; or b. Protection through easement or setbacks of landmarks, unique natural features or other areas valuable for their interpretive potential; or W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 74 of 93 156 c. Contribution of materials and/or labor toward projects identified in the Parks and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted plan; or d. In lieu of providing public access under this section, at the Director's discretion, thca private applicant may provide restoration/enhancement of the shoreline jurisdiction to a scale commensurate with the foregone public access. Section 24. TMC 18.44.090 is hereby reenacted to read as follows: 18.44. $OI Shoreline Design Guidelines The Green/Duwamish River is an amenity that should be valued and celebrated when designing projects that will be located along its length. If any portion of a project falls within the shoreline jurisdiction, then the entire project will be reviewed under these guidelines as well as the relevant sections of the Design Review Chapter of the Zoning Code (TMC Chapter 18.60). The standards of TMC Chapter 18.60 shall guide the type of review, whether administrative or by the Board of Architectural Review. A. The following standards apply to development, uses and activities in the Urban Conservancy and High Intensity Environments and non-residential development in the Shoreline Residential Environment. 1. Relationship of Structure to Site. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. 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 towards 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. 2. Building Design. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. To prevent building mass and shape from overwhelming the desired human scale along the river, development shall avoid blank walls on the public and river sides of buildings. b. Buildings should be designed to follow the curve of the river and respond to changes in topography; buildings must not "turn their back" to the river. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 75 of 93 157 c. Design common areas in buildings to take advantage of shoreline views and access; incorporate outdoor seating areas that are compatible with shoreline access. d. Consider the height and scale of each building in relation to the site. e. Extend site features such as plazas that allow pedestrian access and enjoyment of the river to the landward side of the buffer's edge. f. Locate lunchrooms and other common areas to open out onto the water - ward side of the site to maximize enjoyment of the river. g. Design structures to take advantage of the river frontage location by incorporating features such as: (1) plazas and landscaped open space that connect with a shoreline trail system; (2) windows that offer views of the river; or (3) pedestrian entrances that face the river. h. View obscuring fencing is permitted only when necessary for documentable use requirements and must be designed with landscaping per the Vegetation Protection and Landscaping Section. Other fencing, when allowed, must be designed to complement the proposed and/or existing development materials and design; and i. Where there are public trails, locate any fencing between the site and the landward side of the shoreline trail. 3. Design of Public Access. Development within the shoreline jurisdiction shall demonstrate compliance with the following: a. Public access shall be barrier free, where feasible, and designed consistent with the Americans with Disabilities Act. b. Public access landscape design shall use native vegetation, in accordance with the standards in the Vegetation Protection and Landscaping Section. Additional landscape features may be required where desirable to provide public/private space separation and screening of utility, service and parking areas. 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 such as boulders 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 W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 158 Page 76 of 93 (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. 4. esiqn of Flood alls. The exposed new floodwalls should be designed to incorporate brick or stone facing, textured concrete block, design elements formed into the concrete or vegetation to cover the wall within 3 years of planting. Section 25. TMC 18.44.100 is hereby reenacted to read as follows: 18.44. 100 Shoreline Restoration A. Shoreline Substantial Development Permit Not Required. Shoreline restoration projects shall be allowed without a Shoreline Substantial Development Permit when these projects meet the criteria established by WAC 173-27-040(o) and (p) and RCW 90.58.580. B. Changes in Shoreline Jurisdiction Due to Restoration. 1. Relief may be granted from Shoreline Master Program standards and use regulations in cases where shoreline restoration projects result in a change in the location of the OHWM and associated Shoreline Jurisdiction on the subject property and/or adjacent properties, and where application of this chapter's regulations would preclude or interfere with the uses permitted by the underlying zoning, thus presenting a hardship to the project proponent. a. Applications for relief, as specified below, must meet the following (1) The proposed relief is the minimum necessary to relieve the (2) After granting the proposed relief, there is net environmental benefit from the restoration project; and (3) Granting the proposed relief is consistent with the objectives of the shoreline restoration project and with the Shoreline Master Program. (4) Where a shoreline restoration project is created as mitigation to obtain a development permit, the project proponent required to perform the mitigation is not eligible for relief under the provisions of this section. b. The Department of Ecology must review and approve applications for criteria: hardship; relief. VV: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 77 of 93 159 c. For the portion of property that moves from outside Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, the City may consider the following, consistent with the criteria in TMC Section 18.44.12010013.1.a. (1) permitting development for the full range of uses of the underlying zoning consistent with the Zoning Code, including uses that are not water oriented; (2) waiving the requirement to obtain a shoreline substantial development permit if it is otherwise exempt from the requirement for a substantial development permit; (3) waiving the provisions for public access; (4) waiving the requirement for shoreline design review; and (5) waiving the development standards set forth in this chapter. d. The intent of the exemptions identified in subparagraphs T C Section 18.44.100.subparagraphsB.1.c.(1) to B.1.c.(5) is to implement the restoration projects of the Shoreline Master Program Restoration Plan, which reflects the projects identified in the Water Resource Inventory Area (WRIA) 9 Plan pursuant to Goals and Policies Policy 5.2 of the SMP Tukwila Comprehensive Plan. 2. • shoreline buffer, beyond what may otherwise be required in accordance with the andlor 16 ° SI restoration of the barrier site. 32. Consistent with the provisions of subparagraphs TMC Section 18.44.100.B.1.a, 1.b and 1.c - e e , the Shoreline Residential Environment , High Intensity, oF-Urban Conservancy Environment Shoreline Buffer width may be reduced to no less than 25 feet measured from the new location of the OHWM for the portion of the property that moves from outside the Shoreline Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project, subject to the following standards: a. The 25-foot buffer area must be vegetated according to the requirements of the Vegetation Protection and Landscaping Section or as otherwise approved by the City; and b. The proponents of the restoration project are responsible for the installation and maintenance of the vegetation. 34. The habitat restoration project proponents must record with King County a survey that identifies the location of the OHWM location prior to implementation of the shoreline restoration project, any structures that fall within the Shoreline Jurisdiction, and W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 78 of 93 160 the new location of the OHWM once construction of the shoreline restoration project is completed. 45. 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. C. Shoreline Restoration Building Height Incentive. 1. Consistent with provisions in TMC Section 18.44.050.C, building heights within shoreline jurisdiction may be increased if the project proponent provides additional restoration and/or enhancement of the shoreline buffer, beyond what may otherwise be required in accordance with the standards of TMC Section 18.44.060, "Vegetation Protection and Landscaping." Additional Restoration and/or enhancement shall include: a. creation of shallow -water (maximum slope 5H:1V) off channel rearing habitat and/or b. removal of fish passage barriers to known or potential fish habitat, and restoration of the barrier site. Section 26. TMC 18.44.110 is hereby reenacted to read as follows: 18.44.1-30110 Administration A. Applicability of Shoreline Master Program and Substantial Development Permit. 1. Development in the Shoreline Jurisdiction. Based on guidelines in the SMA for a Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The Tukwila Shoreline Jurisdiction includes the channel of the Green/Duwamish River, its banks, the upland area which extends from the OHWM landward for 200 feet on each side of the river, floodways and all associated wetlands within its floodplain. The floodway shall not include those lands that have historically been protected by flood control devices and therefore have not been subject to flooding with reasonable regularity. 2. Applicability. The Tukwila SMP applies to uses, change of uses, activities or development that occurs within the above -defined Shoreline Jurisdiction. All proposed uses and development occurring within the Shoreline Jurisdiction must conform to Chapter 90.58 RCW, the SMA, and this chapter whether or not a permit is required. B. Relationship to Other Codes and Regulations. 1. Compliance with this Master Program does not constitute compliance with other federal, state, and local regulations and permit requirements that may apply. The applicant is responsible for complying with all other applicable requirements. 2. Where this Master Program makes reference to any RCW, WAC, or other state or federal law or regulation, the most recent amendment or current edition shall apply. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 79 of 93 161 3. In the case of any conflict between any other federal, state, or local law and this Master Program, the provision that is most protective of shoreline resources shall prevail, except when constrained by federal or state law, or where specifically provided in this Master Program. 4. Relationship to Critical Areas Regulations. (a) For protection of critical areas where they occur in shoreline jurisdiction, this Master Program adopts by reference the City's Critical Areas Ordinance, which is incorporated into this Master Program with specific exclusions and modifications in TMC Section 18.44.070. (b) All references to the Critical Areas Ordinance are for the version adopted ICAO adoption date]. Pursuant to WAC 173-26-191(2)(b), amending the referenced regulations in the Master Program for those critical areas under shoreline jurisdiction will require an amendment to the Master Program and approval by the Department of Ecology. (c) Within shoreline jurisdiction, the Critical Areas Ordinance shall be liberally construed together with this Master Program to give full effect to the objectives and purposes of the provisions of this Master Program and Chapter 90.58 RCW. C. Developments not required to obtain shoreline permits or local reviews. Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review to implement the Shoreline Management Act do not apply to the following as described in WAC 173-27-044 and WAC 173-27-045: 1. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts a remedial action under Chapter 70.105D RCW, 2. Boatyard improvements to meet NPDES permit requirements. Pursuant to RCW 90.58.355, any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. 3. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, Washington State Department of Transportation projects and activities meeting the conditions of RCW 90.58.356 are not required to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other local review. 4. Projects consistent with an environmental excellence program agreement pursuant to RCW 90.58.045. 5. Projects authorized through the Energy Facility Site Evaluation Council process, pursuant to chapter 80.50 RCW. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 80 of 93 162 GD. Substantial Development Permit Requirements. 1. Permit Application Procedures. Applicants for a Shoreline Substantial Development Permit shall comply with permit application procedures in TMC Chapter 18.104. 2. Exemptions. a. To qualify for an exemption, the proposed use, activity or development must meet the requirements for an exemption as described in WAC 173-27-040, except for properties that meet the requirements of the Shoreline Restoration Section, TMC Section 18.44.120100. The purpose of a shoreline exemption is to provide a process for uses and activities which do not trigger the need for a Substantial Development Permit, but require compliance with all provisions of the City's SMP and overlay district. b. The Director may impose conditions to the approval of exempted developments and/or uses as necessary to assure compliance of the project with the SMA and the Tukwila SMP, per WAC 173-27-040(e). For example, in the case of development subject to a building permit but exempt from the shoreline permit process, the Building Official or other permit authorizing official, through consultation with the Director, may attach shoreline management terms and conditions to building permits and other permit approvals pursuant to RCW 90.58.140. 3. A substantial development permit shall be granted only when the development proposed is consistent with: a. The policies and procedures of the Shoreline Management Act; b. The provisions of Chapter 173-27 WAC: and c. This the Shoreline Master Program. DE. Shoreline Conditional Use Permit. 1. Purpose. As stated in WAC 173-27-160, the purpose of a Conditional Use Permit (CUP) is to allow greater flexibility in the application of use regulations of this chapter in a manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special conditions may be attached to the permit by the City or the Department of Ecology to prevent undesirable effects of the proposed use and/or assure consistency of the project with the SMA and the City's SMP. Uses which are specifically prohibited by the Shoreline Master Program mayshall not be authorized with approval of a CUP. 2. Application. Shoreline Conditional Use Permits are a Type 4 Permit processed under TMC Chapter 18.104. 3. Application requirements. Applicants must meet all requirements for permit application and approvals indicated in TMC Chapter 18.104 and this chapter. 4. Approval Criteria. a. Uses classified as shoreline conditional uses may be authorized, provided that the applicant can demonstrate all of the following: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 81 of 93 163 (1) The proposed use will be consistent with the policies of RCW 90.58.020 and the policies of the Tukwila Shoreline Master Program; (2) The proposed use will not interfere with the normal public use of public shorelines; (3) The proposed use of the site and design of the project will be compatible with other permitted uses within the area and with uses planned for the area under the Comprehensive Plan and this chapter; (4) The proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located; and (5) The public interest suffers no substantial detrimental effect. b. In the granting of all Conditional Use Permits, consideration shall be given to the cumulative impact of additional requests for like actions in the area. For example, if Conditional Use Permits were granted to other developments in the area where similar circumstances exist, the total of the conditional uses shall also remain consistent with the policies of Chapter 90.58 RCW and all local ordinances and shall not produce substantial adverse effects to the shoreline environment. F. Shoreline Variance Permits. 1. Purpose. The purpose of a Shoreline Variance Permit is strictly limited to granting relief from specific bulk, dimensional, or performance standards set forth in this chapter where there are extraordinary or unique circumstances relating to the physical character or configuration of property such that the strict implementation of this chapter will impose unnecessary hardships on the applicant or thwart the Shoreline Management Act policies as stated in RCW 90.58.020. Reasonable use requests that are located in the shoreline must be processed as a variance, until such time as the Shoreline Management Act is amended to establish a process for reasonable uses. Variances from the use regulations of this chapter are prohibited. 2. Application requirements. Applicants must meet all requirements for a Type 3 permit application and approvals indicated in TMC Chapter 18.104. 3. Shoreline Variance Permits should be granted in circumstances where denial of the a permit would result in inconsistencies with the policies of the Shoreline Management Act a4hwa411 -of-theGy-&RumFae4-4n-LRCW 90.58.0201. In all instances, the applicant must demonstrate that extraordinary circumstances exist and the public interest will suffer no substantial detrimental effect. 4. Approval Criteria. A Shoreline Variance Permit for a use, activity or development that will be located landward of the ordinary high water mark and/or landward of any wetland may be authorized provided the applicant can demonstrate all of the following: a. The strict application of the bulk, dimensional, or performance standards set forth in this chapter preclude or significantly interfere with a reasonable use of the property not otherwise prohibited by this chapter. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 82 of 93 164 b. The hardship . 4.130.D.4. for which the applicant is seeking the variance is specifically related to the property and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of this chapter, and not from the owner's own actions or deed restrictions; and that the variance is necessary because of these conditions in order to provide the owner with use rights and privileges permitted to other properties in the vicinity and zone in which the property is situated. c. The design of the project will be compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and SMP and will not cause adverse impacts to adjacent properties or the shoreline environment. d. The variance will not constitute a grant of special privilege not enjoyed by other properties in the area. e. The variance is the minimum necessary to afford relief. f. The public interest will suffer no substantial detrimental effect. q. 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. 5. Shoreline Variance Permits Waterward of OHWM. a. Shoreline variance permits for development and/or uses that will be located either waterward of the ordinary high water mark or within any sensitive critical area may be authorized only if the applicant can demonstrate all of the following: (1) The strict application of the bulk, dimensional or performance standards set forth in this Master Program preclude all reasonable permitted use of the property; (2) The proposal is consistent with the criteria established under TMC Section 18.44.1- e 110DF.4., "Approval Criteria;" and (3) The public rights of navigation and use of the shorelines will not be adversely affected by the granting of the variance. G. Non -Conforming Development. 1. Non -Conforming Uses. Any non -conforming lawful use of land that would not be allowed under the terms of this chapter may be continued as an allowed, legal, non -conforming use, defined in TMC Chapter 18.06 or as hereafter amended, so long as that use remains lawful, subject to the following: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 83 of 93 165 a. No such non -conforming use shall be enlarged, intensified, increasedk moved or extended to occupy a greater use of the land, structure or combination of the two, than was occupied at the effective date of adoption of this chapter except as authorized in TMC Section 18.66.120 or upon approval of a conditional use permit. adoption of this chapter. bs. If any such non -conforming use ceases for any reason for a period of more than 24 consecutive months, the non -conforming rights shall expire and any subsequent use shall conform to the regulations specified by in this chapter for the shoreline environment in which such use is located, unless re-establishment of the use is authorized through a Shoreline Conditional Use Permit, which must be applied for within the two-year period. Water -dependent uses should not be considered discontinued when they are inactive due to dormancy, or where the use is typically seasonal. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown, the City Council may grant an extension of time beyond the 24 consecutive months using the criteria set forth in TMC Section 18.114.1030.EGA 18.44.110.G.4. dc. If a change of use is proposed to a use determined to be non -conforming by application of provisions in this chapter, the proposed new use must be a permitted use in this chapter or a use approved under a Type 2 permit with public notice process. For purposes of implementing this section, a change of use constitutes a change from one permitted or conditional use category to another such use category as listed within the Shoreline Use Matrix. ed. A structure that is being or has been used for a non -conforming use may be used for a different non -conforming use only upon the approval of a Type 2 permit subject to public notice. Before approving a change in non -conforming use, the following findings must be made: (1) No reasonable alternative conforming use is practical. (2) The proposed use will be at least as consistent with the policies and provisions of the SMP and as compatible with the uses in the area as the non -conforming use. (3) The use or activity is enlarged, intensified, increased or altered only to the minimum amount necessary to achieve the intended functional purpose. (4) The structure(s) associated with the non -conforming use shall not be expanded in a manner that increases the extent of the non -conformity. (5) The change in use will not create adverse impacts to shoreline ecological functions and/or processes. (6) The applicant restores and/or enhances the entire shoreline buffer, including but not limited to, paved areas no longer in use on the property, to offset the impact of the change of use per the vegetation management standards of this chapter. This may include the restoration of paved areas to vegetated area if no longer in use. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 84 of 93 166 18.104. (87)-The preference is to reduce exterior uses in the buffer to the maximum extent possible. 2. Non -Conforming Structures. Where a lawful structure exists on the effective date of adoption of this chapter that could not be built under the terms of this chapter by reason of restrictions on height, buffers or other characteristics of the structure, it may be continued as an allowed, legal structure so long as the structure remains otherwise lawful subject to the following provisions: a. Such structures may be repaired, maintained, upgraded and altered provided that: (1) The structure may not be enlarged or altered in such a way that increases its degree of nonconformity or increases its impacts to the functions and values of the shoreline environment except as authorized in TMC Section 18.66.120; and (2) If the structure is located on a property that has no reasonable development potential outside the shoreline buffer, there shall be no limit on the cost of alterations. If the structure is located on a property that has reasonable development potential outside the shoreline buffer. Tthe cost of the alterations may not exceed an aggregate cost of 50% of the value of the building or structure in any 3-year period based upon its most recent assessment, unless the amount over 50% is used to make the building or 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. (3) Maintenance or repair of an existing private bridge is allowed without a conditional use permit when it does not involve the use of hazardous substances, sealants or other liquid oily substances. b. Should such structure be destroyed by any accidental means, the structure may be reconstructed to its original dimensions and location on the lot provided application is made for permits within 12 monthstwo years of the date the damage occurred and all reconstruction is completed within two years of permit issuance. In the event the property is redeveloped, such redevelopment must be in conformity with the provisions of this chapter. c. Should such structure be moved for any reason or any distance it must be brought as closely as practicable into conformance with the applicable master program and the act. d. When a non -conforming structure, or structure and premises in combination, is vacated or abandoned for 24 consecutive months, the structure, or structure and premises in combination, shall thereafter be required to be in conformance with the regulations of this chapter. Upon request of the owner, prior to the end of the 24 consecutive months and upon reasonable cause shown, an extension of time beyond the 24 consecutive months may be qranted using the criteria in TMC Section 18.44.130110.€G.4. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 85 of 93 167 e. Residential structures located in any Shoreline Residential Environment and in existence at the time of adoption of this chapter shall not be deemed nonconforming in terms of height, residential use, or location provisions of this title. Such buildings may be rebuilt after a fire or other natural disaster to their original dimensions, location and height, but may not be changed except as provided in the non -conforming uses section of this chapter. f. Single-family structures in the Shoreline Residential Environment that have legally non -conforming setbacks from the OHWM per the SMP buffer shall be allowed to expand the ground floor only along the existing building line(s) as long as the existing distance from the nearest point of the structure to the OHWM is not reduced and the square footage of new intrusion into the buffer does not exceed 50% of the square footage of the current intrusion. As a condition of building permit approval, a landscape plan showing removal of invasive plant species within the entire shoreline buffer and replanting with appropriate native species must be submitted to the City. Plantings should be maintained through the establishment period. g. A non conforming use, within a non conforming structure, shall not 3. For the purposes of this section, altered or partially reconstructed is defined as work that does not exceed 50% of the assessed valuation of the building over a three- year period. 4. Requests for Time Extension —Non -conforming Uses and Structures. a. A property owner may request, prior to the end of the 24 consecutive monthstvvo—year period, an extension of time beyond the two- year period. Such a request shall be considered as a Type 2 permit under TMC Chapter 18.104 and may be approved only when: (1) For a non -conforming use, a finding is made that no reasonable alternative conforming use is practical. (2) For a non -conforming structure, special economic circumstances prevent the lease or sale of said structure within 24 months. (3) The applicant restores and/or enhances the shoreline buffer on the property to offset the impact of the continuation of the non -conforming use. For non- conforming uses, the amount of buffer to be restored and/or enhanced will be determined based on the percentage of the existing building used by the non -conforming use for which a time extension is being requested. Depending on the size of the area to be restored and/or enhanced, the Director may require targeted plantings rather than a linear planting arrangement. The vegetation management standards of this program shall be used for guidance on any restoration/enhancement. For non -conforming structures, for each six-month extension of time requested, 15% of the available buffer must be restored/enhanced. b. Conditions may be attached to the permit that are deemed necessary to assure compliance with the above findings, the requirements of the Master Program and the Shoreline Management Act and to assure that the use will not become a nuisance or a hazard. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 86 of 93 168 5. Building Safety. Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe condition of any non -conforming building or part thereof declared to be unsafe by order of any City official charged with protecting the public safety. a. Alterations or expansion of a non -conforming structure that are required by law or a public agency in order to comply with public health or safety regulations are the only alterations or expansions allowed. b. Alterations or expansions permitted under this section shall be the minimum necessary to meet the public safety concerns. 6. Non -Conforming Parking Lots. a. Nothing contained in this chapter shall be construed to require a change in any aspect of a structure or facility covered thereunder including, without limitation, parking lot layout, loading space requirements and curb -cuts, for any structure or facility which existed on the date of adoption of this chapter. b. If a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment less than 100%, the requirements of this chapter shall be complied with for the additional parking area. c. If a property is redeveloped, a change of use takes place or an addition is proposed that requires an increase in the parking area by an increment greater than 100%, the requirements of this chapter shall be complied with for the entire parking area. An existing non -conforming parking lot, which is not otherwise subject to the requirements of this chapter, may be upgraded to improve water quality or meet local, state, and federal regulations. d. The area beneath a non -conforming structure may be converted to a contiguous parking lot area if the non -conforming structure is demolished and only when the contiguous parking is accessory to a legally established use. The converted parking area must be located landward of existing parking areas. 7. Non -Conforming Landscape Areas. a. Adoption of the vegetation protection and landscaping regulations contained in this chapter shall not be construed to require a change in the landscape improvements for any legal landscape area that existed on the date of adoption of this chapter, unless and until the property is redeveloped or alteration of the existing structure is made beyond the thresholds provided herein. b. At such time as the property is redeveloped or the existing structure is altered beyond the thresholds provided herein and the associated premises does not comply with the vegetation protection and landscaping requirements of this chapter, a landscape plan that conforms to the requirements of this chapter shall be submitted to the Director for approval. VV: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 87 of 93 169 H.Revisions to Shoreline Permits. Revisions to previously issued shoreline permits shall be reviewed under the SMP in effect at the time of submittal of the revision, and not the SMP under which the original shoreline permit was approved and processed in accordance with WAC 173-27-100. HI. Time Limits on Shoreline Permits. 1. Consistent with WAC 173-27-090, shoreline permits are valid for two years, and the work authorized under the shoreline permit must be completed in five years. Construction activity must begin within this two-year period. If construction has not begun within two years, a one-time extension of one year may be approved by the Director based on reasonable factors. The permit time period does not include the time during which administrative appeals or legal actions are pending or due to the need to obtain any other government permits and approvals for the project. 2. Upon a finding of good cause, based on the requirements and circumstances of a proposed project, and consistent with the City's Shoreline Master Program, the City may adopt a different time limit for a shoreline substantial development permit as part of an action on a shoreline substantial development permit. Section 27. TMC 18.44.120 is hereby reenacted to read as follows: 18.44.440120 Appeals Sher-eline--GonditioRal--Use--or--Sber-eline-VarianGe-R1464-be-appealed-to-the-ShoreliRe H aring Board.Any person aggrieved by the granting, denying, or rescinding of a Shoreline Substantial Development Permit, Shoreline Conditional Use Permit, or Shoreline Variance may seek review from the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing of the decision as provided in RCW 90.58.140(6). Section 28. TMC 18.44.130 is hereby reenacted to read as follows: 18.44.450130 Enforcement and Penalties A. Violations. The following actions shall be considered violations of this chapter: 1. To use, construct or demolish any structure, or to conduct clearing, earth - moving, construction or other development not authorized under a Substantial Development Permit, Conditional Use Permit or Variance Permit, where such permit is required by this chapter. 2. Any work which is not conducted in accordance with the plans, conditions, or other requirements in a permit approved pursuant to this chapter, provided that the terms or conditions are stated in the permit or the approved plans. 3. To remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 88 of 93 170 4. To misrepresent any material fact in any application, plans or other information submitted to obtain any shoreline use or development authorization. 5. To fail to comply with the requirements of this chapter. B. Enforcement. This chapter shall be enforced subject to the terms and conditions of TMC Chapter 8.45. C. Inspection Access. 1. For the purpose of inspection for compliance with the provisions of a permit or this chapter, authorized representatives of the Director may enter all sites for which a permit has been issued. 2. Upon completion of all requirements of a permit, the applicant shall request a final inspection by contacting the planner of record. The permit process is complete upon final approval by the planner. D. Penalties. 1. Any violation of any provision of the SMP, or failure to comply with any of the requirements of this chapter shall be subject to the penalties prescribed in TMC Chapter 8.45 of the Tukwila Municipal Code ("Enforcement") and shall be imposed pursuant to the procedures and conditions set forth in that chapter. 2. Penalties assessed for violations of the SMP shall be determined by TMC Chapter 8.45.1-00120, Penalties. 3. It shall not be a defense to the prosecution for failure to obtain a permit required by this chapter, that a contractor, subcontractor, person with responsibility on the site, or person authorizing or directing the work, erroneously believed a permit had been issued to the property owner or any other person. 4. Penalties for Tree Removal: a. Each unlawfully removed or damaged tree shall constitute a separate violation. b. The amount of the penalty shall be $1,000 per tree or up to the marketable value of each tree removed or damaged as determined by an ISA certified arborist. The Director may elect not to seek penalties or may reduce the penalties if he/she determines the circumstances do not warrant imposition of any or all of the civil penalties. c. Any illegal removal of required trees shall be subject to obtaining a tree permit and replacement with trees that meet or exceed the functional value of the removed trees. In addition, any shrubs and groundcover removed without City approval shall be replaced. d. To replace the tree canopy lost due to the tree removal, additional trees must be planted on -site. Payment may be made into the City's Tree Fund if the number of replacement trees cannot be accommodated on -site. The number of replacement trees required will be based on the size of the tree(s) removed as stated in TMC Section 18.44.060 B 4. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 89 of 93 171 E. Remedial Measures Required. In addition to penalties provided in TMC Chapter 8.45, the Director may require any person conducting work in violation of this chapter to mitigate the impacts of unauthorized work by carrying out remedial measures. 1. Remedial measures must conform to the policies and guidelines of this chapter and the Shoreline Management Act. 2. The cost of any remedial measures necessary to correct violation(s) of this chapter shall be borne by the property owner and/or applicant. F. Injunctive Relief. 1. Whenever the City has reasonable cause to believe that any person is violating or threatening to violate this chapter or any rule or other provisions adopted or issued pursuant to this chapter, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. Such action shall be brought in King County Superior Court. 2. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of the Master Program. G. Abatement. Any use, structure, development or work that occurs in violation of this chapter, or in violation of any lawful order or requirement of the Director pursuant to this section, shall be deemed to be a public nuisance and may be abated in the manner provided by the TMC Section 8.45.105100. Section 29. TMC 18.44.140 is hereby reenacted to read as follows: 18.44. e 140 Liability A. Liability for any adverse impacts or damages resulting from work performed in B. No provision of or term used in this chapter is intended to impose any duty upon the City or any of its officers or employees that would subject them to damages in a civil action. Section 30. TMC 18.52.030 Amended. Ordinance Nos. 2580 §6, 2523 §8, 2442 §1, 2251 §61, 2235 §13, and 1872 §14 (part), as codified in the first paragraph at TMC Section 18.52.030 (above TABLE A — Perimeter and Parking Lot Landscaping Requirements by Zone District), are hereby amended for the first paragraph to read as follows: 18.52.030 Perimeter and Parking Lot Landscaping Requirements by Zone District In the various zone districts of the City, landscaping in the front, rear and side yards and parking lots shall be provided as established by the various zone district chapters of this title. These requirements are summarized in the following table (Table A), except for W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 90 of 93 172 Tukwila Urban Center (TUC) requirements, which are listed in TMC Chapter 18.28. Additional landscape requirements apply in the Shoreline Overlay District, as directed by T C 18.44.060, Vegetation Protection and Landscaping. Section 31. TMC 18.60.050 Amended. Ordinance Nos. 2580 §7 and §8, 2442 §5, 2368 §62, 2235 §16 and §17, 2199 §20, 1986 §16, 1865 §51, and 1758 §1 (part), as codified at TMC Section 18.60.050, are hereby amended to add Section H to read as follows: 18.60.050 Board of Architectural Review H. °reline tesiqn Criteria. The criteria contained in the Shoreline Design Guidelines (TMC Section 18.44.090) shall be used whenever the provisions of this title require a design review decision on a proposed or modified development in the Shoreline Overlay District. Section 32. TMC 18.104.010 Amended. Ordinance Nos. 2442 §6, 2368 §70, 2294 §1, 2251 §75, 2235 §19, 2135 §19, and 2119 §1, as codified at TMC Section 18.104.010, "Classification of Project Permit Applications," subparagraph 3, "Type 3 Decisions," are hereby amended to read as follows: 3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Resolve uncertain zone district boundary Hearing Examiner Superior Court Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Sensitive Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Superior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 91 of 93 173 Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Subdivision - Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) Hearing Examiner Superior Court Shoreline Conditional Use Permit Hearing State Shorelines Examiner Hearings Board Section 33. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "High -Impact Environment," is hereby repealed. "High impact environment' means the area between the Iowimpact environment and a point 200 feet landward from the mean high water mark. (Ord. 1758 §1 (part), 1995) Section 34. Repealer. Ordinance No. 2347 §19, as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Levee, Minimum Profile," is hereby repealed. the minimum levee slope bench for maintenance access and native vegetation plantings. Section 35. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Low -Impact Environment," is hereby repealed. "Low impact environment" m ans the ar Environment and a Section 36. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "River Environment," is hereby repealed. 18.06.695 River Environment "River environment" means the area between the mean high water mark and a point ,10 fect landward from the moan high water mark, having thc gulations as established in the Shoreline Overlay District chapter of this title. W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton 174 Page 92 of 93 Section 37. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled "Shoreline," is hereby repealed. Section 38. Codification Clarification. Due to amendments to TMC Chapter 18.44 as stated in this ordinance, TMC sections formerly numbered 18.44.150 and 18.44.160 no longer exist. Section 39. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 40. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 41. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force upon approval of the Shoreline Master Program by the Washington State Department of Ecology and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Legislative Development\SMP-Zoning Code changes 8-6-19 NG/MD:bjs Review and analysis by Barbara Saxton Page 93 of 93 175