HomeMy WebLinkAboutOrd 2627 - TMC Chapter 18.44 "Shoreline Overlay" - Shoreline Uses and Update Zoning RegulationsCity of Tukwila
Washington
Cover page to Ordinance 2627
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TL K1N1LA, WASHINGTON; REPEALING VARIOUS tEPiNITIONS
AS CODIFIED IN TUKWILA 11LJNICIPAL CODE TMC} CHAPTER
18.06, "DEFINITIONS'", REPEALING ORDINANCE NO. 2346 AND
254I# §23; REENACTING TMC CHAPTER 18.44, "SHORELINE
OVERLAY," TO ESTA6LlSH NEW REGULATIONS RELATED TO
SHORELINE USES; AMENDING VARIOuS ORDINANCES AS
CODIFIED IN TMC SECTIONS 18.52,030, 16,£O,O O AND
18.104.010 TO UPDATE ZONING REGULATIONS RELATED TO
SHORELINE USES; PROVIDING FOR EVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE,
Ordinance 2627 was amended or repealed by the following ordinances.
AMENDED
Section(s) Amended
Amended by Ord #
26
2678
30
2661
32
2649, 2718
REPEALED
Section(s) Repealed
Repealed by Ord #
1-6,
11, 12,
20-32
16-18,
2741
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 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 1 of 64
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 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 2 of 64
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
"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 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 §41,
as codified in TMC Chapter 18.06, "Definitions," under the subparagraph entitled
"Substantial Development," is hereby amended to read as follows:
Substantial Development
"Substantial development" means any development of which the total cost or fair
market value exceeds $7,047.00 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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 3 of 64
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:
m
(a) In salt waters, the fair market value of the dock does not exceed $2,500;
(b) in fresh waters, the fair market value of the dock does not exceed:
(1) $20,000 for docks that are constructed to replace existing docks,
and are of equal or lesser square footage than the existing dock being replaced; or
(2) $10,000 for all other docks constructed on freshwaters.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 4 of 64
(3) 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;
Cl. A private entity seeking development authorization under this section
first posts a performance bond or provides other evidence of financial responsibility to the
local jurisdiction to ensure the site is restored to preexisting conditions; and
e. The activity is not subject to the permit requirements of RCW 90.58.550
(Oil and Natural Gas exploration in marine waters).
11. The process of removing or controlling an aquatic noxious weed, as defined
in RCW 17.26.020, through the use of an herbicide or other treatment methods applicable
to weed control that are recommended by a final environmental impact statement
published by the Department of Agriculture or the department jointly with other state
agencies under chapter 43.21 C RCW.
12. Watershed restoration projects, which means a public or private project
authorized by the sponsor of a watershed restoration plan that implements the plan or a
part of the plan and consists of one or more of the following activities:
a. A project that involves less than 10 miles of stream reach, in which less
than 25 cubic yards of sand, gravel, or soil is removed, imported, disturbed or discharged,
and in which no existing vegetation is removed except as minimally necessary to facilitate
additional plantings.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 5 of 64
b. A project for the restoration of an eroded or unstable stream bank that
employs the principles of bioengineering, including limited use of rock as a stabilization
only at the toe of the bank, and with primary emphasis on using native vegetation to
control the erosive forces of flowing water.
c. A project primarily designed to improve fish and wildlife habitat, remove
or reduce impediments to migration of fish, or enhance the fishery resource available for
use by all of the 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 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 seq.) 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
18.06.330
18.06.472
18.06.590
Definition
Floodplain
Large Woody Debris (LWD)
Nonconforming Use
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 6 of 64
18.06.591
Non -Water -Oriented Uses
18.06.592
Office
18.06.593
Open Record Appeal
18.06.594
Open Record Hearing
18.06.595 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.
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.
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.
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.
Section 12. Repealer. Ordinance No. 1758 §1 (part), as codified in TMC Chapter
18.06, "Definitions," under the subparagraph entitled "Shoreline," is hereby repealed.
Section 13. Repealer. Ordinance No. 2346 as codified in Tukwila Municipal Code
Chapter 18.44 is hereby repealed in its entirety.
Section 14. Repealer. Ordinance No. 2549 §23, as codified at Tukwila Municipal
Code Section 18.44.150, "Enforcement and Penalties," 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
Purpose and Applicability
18.44.020
Shoreline Environment Designations
18.44.030
Principally Permitted Uses and Shoreline Use and
Modification Matrix
18.44.040
Shoreline Buffers
18.44.050
Development Standards
18.44.060
Vegetation Protection and Landscaping
18.44.070
Environmentally Critical Areas within the Shoreline
Jurisdiction
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 7 of 64
18.44.080
Public Access to the Shoreline
18.44.090
Shoreline Design Guidelines
18.44.100
Shoreline Restoration
18.44.110
Administration
18.44.120
Appeals
18.44.130
Enforcement and Penalties
18.44.140
Liability
Section 16. TMC Section 18.44.010 is hereby reenacted to read as follows:
18.44.010 Purpose and Applicability
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:
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
Program Amendment and require approval by the Department of Ecology.
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).
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 8 of 64
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 Modification 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.
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 18.44.110.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, 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 9 of 64
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 18.44.050.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.
SHORELINE USE MATRIX* (FIGURE 18-1)
P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
AGRICULTURE
Farming and farm -related activities
X
X
X
P
X
X
X
Aquaculture
X
X
X
X
X
X
X
COMMERCIAL (1)
General
X
X
X
P
X
P (2)
P (3)
Automotive services, gas (outside pumps
allowed), washing, body and engine repair
shops (enclosed within a building)
X
X
X
C
X
C (2)
X
Contractors storage yards
X
I X
X
C
X
C (2)
X
Water -oriented uses
C
P
C
P
C
P
C
Water -dependent uses
P (4)
P (5)
P (4)
P
P (4)
P
P
Storage
P (6)
P (5)
P (6)
P
P (6)
P
X
CIVIC/INSTITUTIONAL
General
X
P
X
P
X
P
X
DREDGING
Dredging for remediation of contaminated
substances
C (7)
NA
C (7)
NA
C (7)
NA
C (7)
Dredging for maintenance of established
navigational channel
NA
NA
NA
NA
NA
NA
P (8)
other dredging for navigation
NA
NA
NA
NA
NA
NA
C (9)
Dredge material disposal
X
X
X
X
X
X
X
Dredging for fill
NA
NA
NA
NA
NA
NA
X
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 10 of 64
P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
ESSENTIAL PUBLIC FACILITY (Water
Dependent)
P
P
P
P
P
P
P
ESSENTIAL PUBLIC FACILITY (Nonwater
Dependent) (10)
C
C
C
C
C
C
C
FENCES
P (11)
P
C (11)
P
C (11)
P
X
FILL
General
C (12)
P
C (12)
P
C (12)
P
C (12)
Fill for remediation, flood hazard reduction
or ecological restoration
P (13)
P
P (13)
P
P (13)
P
P (13)
FLOOD HAZARD MANAGEMENT
Flood hazard reduction (14)
P
P
P
P
P
P
P
Shoreline stabilization (15)
P
P
P
P
P
P
P
INDUSTRIAL (16)
General
X
X
P (3)
P
P (3)
P (2)
P (3)
Animal rendering
X
X
X
C
X
X
X
Cement manufacturing
X
X
X
C
X
C (2)
X
Hazardous substance processing and
handling & hazardous waste treatment and
storage facilities (on or off -site) (17)
X
X
X
X
X
X
X
Rock crushing, asphalt or concrete batching
or mixing, stone cutting, brick manufacture,
marble works, and the assembly of products
from the above materials
X
X
X
C
X
C (2)
X
Salvage and wrecking operations
X
X
X
C
X
C (2)
X
Tow -truck operations, subject to all
additional State and local regulations
X
X
X
C
X
P (2)
X
Truck terminals
X
X
X
P
X
P (2)
X
Water -oriented uses
X
X
C
P
C
P
C
Water -dependent uses (17)
X
X
P (4)
P
P (4)
P
P
MINING
General
X
X
X
X
X
X
X
OVERWATER STRUCTURES (18)
Piers, docks, and other overwater structures
P (19)
NA
P (20)
NA
P (20)
NA
P (20,21)
Vehicle bridges (public)
P (31, 4)
P (31)
P (31, 4)
P (31)
P (31, 4)
P (31)
P (31)
Vehicle bridges (private)
C
C
C
C
C
C
C
Public pedestrian bridges
P
P I
P
P
P
P
P
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 11 of 64
P = May be permitted subject to
development standards.
C = May be permitted as a Shoreline
Conditional Use.
X = Not Allowed in Shoreline Jurisdiction.
Shoreline Residential
Urban Conservancy
High
Intensity
Aquatic
Environment
Buffer
Non-
Buffer
Buffer
Non-
Buffer
Buffer
Non -
Buffer
PARKING — ACCESSORY
Parking areas limited to the minimum
necessary to support permitted or
conditional uses
X
P (5)
X
P
X
P
X
RECREATION
Recreation facilities (commercial — indoor)
X
X
X
P
X
P (22)
X
Recreation facilities (commercial — outdoor)
x
x
C (23,
24)
C (24)
C (23,
24)
C (24)
X
Recreation facilities, including boat launching
(public)
P (23)
1
P
P (23,24,
25)
C
P (23,
25)
P
P (3)
Public and private promenades, footpaths, or
trails
P
P
P (26)
P
P (26)
P
X
RESIDENTIAL —SINGLE FAMILY/MULTI-FAMILY
Dwelling
X (27)
P
X
P
X
x
x
Houseboats
X
X
X
x
x
x
x
Live-aboards
x
x
x
X
X
X
P (21,28)
Patios and decks
P (29)
P
P (29)
P
P
P
x
Signs (30)
P
P
P
P
P
P
x
Shoreline Restoration
P
P
P
P
P
P
P
TRANSPORTATION
General
C
C
C
C
C
C
C (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 (10)
P (4)
P
P (4)
P
P (4)
P
C
Provision, distribution, collection,
transmission, or disposal of refuse
X
X
X
X
X
X
x
Hydroelectric and private utility power
generating plants
X
X
X
X
X
X
X
Wireless towers
X
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
x
x
P (34)
P (34)
P (34)
P (34)
x
USES NOT SPECIFIED
C
C
C
C
C
C
C
*This matrix is a summary. Individual notes modify standards in this matrix. Permitted or
conditional uses listed herein may also require a shoreline substantial development permit and
other permits.
(1) 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 12 of 64
(2) 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.
(3) 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.
(10) Allowed in shoreline jurisdiction when it is demonstrated that there is no feasible alternative
to locating the use within shoreline jurisdiction.
(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.
(12) Fill minimally necessary to support water -dependent uses, public access, or for the alteration
or expansion of a transportation facility of statewide significance currently located on the
shoreline when it is demonstrated that alternatives to fill are not feasible is conditionally
allowed.
(13) Landfill as part of an approved remediation plan for the purpose of capping contaminated
sediments is permitted.
(14) Any new or redeveloped levee shall meet the applicable levee requirements of this chapter.
(15) Permitted when consistent with TMC Section 18.44.050.F.
(16) Industrial uses mean those uses that are facilities for manufacturing, processing, assembling
and/or storing of finished or semi -finished goods with supportive office and commercial uses.
Examples include manufacturing processing and/or assembling such items as electrical or
mechanical equipment, previously manufactured metals, chemicals, light metals, plastics,
solvents, soaps, wood, machines, food, pharmaceuticals, previously prepared materials;
warehousing and wholesale distribution; sales and rental of heavy machinery and equipment;
and internet data centers.
(17) Subject to compliance with state siting criteria RCW Chapter 70.105 (See also Environmental
Regulations, Section 9, SMP).
(18) Permitted when associated with water -dependent uses, public access, recreation, flood
control or channel management.
(19) Permitted when the applicant has demonstrated a need for moorage and that the following
alternatives have been investigated and are not available or feasible:
(a) commercial or marina moorage;
(b) floating moorage buoys;
(c) joint use moorage pier/dock.
(20) Permitted if associated with water -dependent uses, public access, recreation, flood control,
channel management or ecological restoration.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 13 of 64
(21) Boats may only be moored at a dock or marina. No boats may be moored on tidelands or in
the river channel.
(22) Limited to athletic or health clubs.
(23) Recreation structures such as benches, tables, viewpoints, and picnic shelters are permitted
in the buffer provided no such structure shall block views to the shoreline from adjacent
properties.
(24) Permitted only if water oriented.
(25) Parks, recreation and open space facilities operated by public agencies and non-profit
organizations are permitted.
(26) Plaza connectors between buildings and levees, not exceeding the height of the levee, are
permitted for the purpose of providing and enhancing pedestrian access along the river and
for landscaping purposes.
(27) Additional development may be allowed consistent with TMC Section 18.44.110.G.2.f. A
shoreline conditional use permit is required for water oriented accessory structures that
exceed the height limits of the Shoreline Residential Environment.
(28) Permitted in only in the Aquatic Environment and subject to the criteria in TMC Section
18.44.050. K.
(29) Patios and decks are permitted within the shoreline buffer so long as they do not exceed 18
inches in height and are limited to a maximum of 200 square feet and 50% of the width of
the river frontage, whichever is smaller. Decks or patios must be located landward of the top
of the bank and be constructed to be pervious and of environmentally -friendly materials. If a
deck or patio will have an environmental impact in the shoreline buffer, then commensurate
mitigation shall be required.
(30) Permitted when consistent with TMC Section 18.44.0501.
(31) Permitted only if connecting public rights -of -way.
(32) May be co -located with fire lanes.
(33) Allowed if they require a physical connection to the shoreline to provide their support function,
provided they are located at or below grade and as far from the OHWM as technically
feasible.
(34) Regional detention facilities that meet the City's Infrastructure Design and Construction
Standards along with their supporting elements such as ponds, piping, filter systems and
outfalls vested as of the effective date of this program or if no feasible alternative location
exists. Any regional detention facility located in the buffer shall be designed such that a fence
is not required, planted with native vegetation, designed to blend with the surrounding
environment, and provide design features that serve both public and private use, such as an
access road that can also serve as a trail. The facility shall be designed to locate access
roads and other impervious surfaces as far from the river as practical.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 14 of 64
Section 19. TMC 18.44.040 is hereby reenacted to read as follows:
18.44.040 Shoreline Buffers
Buffer widths. The following shoreline buffer widths apply in shoreline jurisdiction.
Environment
Shoreline Residential
Urban Areas without
Conservancy levees
High Intensity
Aquatic
Buffer width (1)(2)
Modification
50 feet OR the area needed to (3)
achieve a slope no steeper than
2.5:1, measured from the toe of the
bank to the top of the bank, plus 20
linear feet measured from the top of
the bank landward, whichever is
greater
100 feet (4)
Areas with levees 125 feet
100 feet
Not Applicable
(5)
(4)
(1) Unless otherwise noted, all buffers are measured landward from the OHWM.
(2) In any shoreline environment where an existing improved street or road runs parallel to the
river through the buffer, the buffer ends on the river side of the edge of the improved right-
of-way.
(3) Removal of invasive species and replanting with native species of high habitat value is
voluntary unless triggered 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 50% upon
construction of the following cross section:
(a) Reslope bank from toe to be no steeper than 3:1 in the Urban Conservancy
Environment or reslope bank from OHWM (not toe) to be no steeper than 3:1 in the
High Intensity Environment, using bioengineering techniques; and
(b) Minimum 20-foot buffer landward from top of bank; and
(c) Bank and remaining buffer to be planted with native species with high habitat value.
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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 15 of 64
(5) Upon reconstruction of levee to the levee standards of this chapter, the Director may reduce
the buffer to actual width required for the levee. If fill is placed along the back slope of a new
levee, the buffer may be reduced to the point where the ground plane intersects the back
slope of the levee. If the property owner provides a levee maintenance easement landward
from the landward toe of the levee or levee wall which: 1) meets the width required by the
agency providing maintenance; 2) prohibits the construction of any structures; and 3) allows
the City to access the area to inspect the levee and make any necessary repairs, then the
Director may place that area outside of the shoreline buffer and allow incidental uses in the
area, such as parking.
Section 20. TMC 18.44.050 is hereby reenacted to read as follows:
18.44.050 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 18.44.060, 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 18.44.110.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 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, TMC Section 18.44.060.
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 18.44.050.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 18.44.080. Signage is required to identify the public access point(s).
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 16 of 64
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 18.44.050.1.
g. Fences, freestanding walls or other structures normally accessory to
residences must not block views of the river from adjacent residences or extend
waterward beyond the top of the bank. Chain link fencing must be vinyl coated.
h. Recreational structures permitted in the buffer must provide buffer
mitigation.
i. The outside edge of surface transportation facilities, such as railroad
tracks, streets, or public transit shall be located no closer than 50 feet from the OHWM,
except where the surface transportation facility is bridging the river.
j. Except for bridges, approved above ground utility structures, and water -
dependent uses and their structures, the maximum height for structures shall be 30 feet.
For bridges, approved above ground utility structures, and water -dependent uses and
their structures, the height limit shall be as demonstrated necessary to accomplish the
structure's primary purpose. Bridges, approved above ground utility structures, and
water -dependent uses and their structures greater than 35 feet in height require approval
of a Shoreline Conditional Use Permit.
2. Design Review. Design review is required for non-residential development
in the Shoreline Residential Environment.
C. High Intensity, Urban Conservancy and Aquatic Environment Development
Standards.
1. Standards. The following standards apply in the High Intensity, Urban
Conservancy and Aquatic Environments.
a. The development standards for the applicable underlying zoning district
(Title 18, Tukwila Municipal Code) shall apply.
b. All new development performed by public agencies, or new multi -family,
commercial, or industrial development shall provide public access in accordance with the
standards in the Public Access to the Shoreline Section, TMC Section 18.44.080.
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 18.44.060.
d. Any new shoreline stabilization or repairs to existing stabilization must
comply with Shoreline Stabilization Section, TMC Section 18.44.050.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
18.44.050. K.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 17 of 64
2. Setbacks and Site Configuration.
a. The yard setback adjacent to the river is the buffer width established for
the applicable shoreline environment.
b. A fishing pier, viewing platform or other outdoor feature that provides
access to the shoreline is not required to meet a setback from the OHWM.
3. Height Restrictions. Except for bridges, approved above ground utility
structures, and water -dependent uses and their structures, to preserve visual access to
the shoreline and avoid massing of tall buildings within the shoreline jurisdiction, the
maximum height for structures shall be as follows:
a. 15 feet where located within the Shoreline Buffer;
b. 65 feet between the outside landward edge of the Shoreline Buffer and
200 feet of the OHWM.
c. 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 restoration and/or enhancement of the entire shoreline buffer,
beyond what may otherwise be required including, but not limited to, paved areas no
longer in use on the property in accordance with the standards of TMC Section 18.44.060,
"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," in order to obtain
the 15-foot increase in height.
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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 18 of 64
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. Such pre-treatment may consist of biofiltration, oil/water
separators, or other methods approved by the City of Tukwila Public Works Department.
2. Shoreline development, uses and activities shall not cause any increase in
surface runoff, and shall have adequate provisions for storm water detention/infiltration.
3. 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.
4. Shoreline development and activities shall have adequate provisions for
sanitary sewer.
5. Solid and liquid wastes and untreated effluents shall not be allowed to enter
any bodies of water or to be discharged onto shorelands.
6. 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, TMC Section 18.44.060.
3. 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.
4. 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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 19 of 64
b. Does not meet a 3:1 riverside slope or other appropriate engineering
design standards for stability (e.g., over -steepened side slopes for existing soil and/or
flow conditions); and
c. Repair of the existing structure will not cause or increase significant
adverse ecological impacts to the shoreline.
5. Rehabilitated or replaced flood hazard reduction structures shall not extend
the toe of slope any further waterward of the OHWM than the existing structure.
6. 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.
7. New, redeveloped or replaced structural flood hazard reduction measures
shall be placed landward of associated wetlands, and designated fish and wildlife habitat
conservation areas.
8. No commercial, industrial, office or residential development shall be located
within a floodplain without a Flood Control Zone Permit issued by the City. No
development shall be located within a floodway except as otherwise permitted.
9. New, redeveloped or replaced flood hazard reduction structures must have
an overall waterward slope no steeper than 3:1 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 where necessary to avoid encroachment or damage to a structure legally
constructed prior to the date of adoption of this subsection, if structure has not lost its
nonconforming status, or to allow area for waterward habitat restoration development.
The floodwall shall be designed to provide 15 feet of 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 prevent
the levee from encroaching upon a railroad easement recorded prior to the date of
adoption of this subsection.
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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 20 of 64
2. New development and re -development shall be designed and configured on
the lot to avoid the need for new shoreline stabilization. Removal of failing shoreline
stabilization shall be incorporated into re -development design proposals wherever
feasible.
3. Replacement of lawfully established, existing bulkheads or revetments are
subject to the following priority system:
a. The first priority for replacement of bulkheads or revetments shall be
landward of the existing bulkhead.
b. The second priority for replacement of existing bulkheads or revetments
shall be to replace in place (at the bulkhead's existing location).
4. When evaluating a proposal against the above priority system, at a minimum
the following criteria shall be considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads;
d. Impact to shoreline ecological functions; and,
e. Impact to river hydraulics, potential changes in geomorphology, and to
other areas of the shoreline.
5. Proponents of new or replacement hard shoreline stabilization (e.g.
bulkheads or revetments) must demonstrate through a documented Riverbank 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 (as amended) criteria and guidelines for integrated stream bank protection
and shall conform to the requirements of the 2004 Washington State Department of Fish
and Wildlife criteria and guidelines for Integrated Stream Bank Protection (2003 as
amended), the U. S. Army Corps of Engineers standards (if required), 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 21 of 64
8. An applicant must demonstrate the following in order to qualify for the RCW
90.58.030(3)(e)(ii) exemption from the requirement to obtain a shoreline substantial
development permit for a proposed single family bulkhead and to insure that the bulkhead
will be consistent with the SMP:
a. Erosion from currents or waves is imminently threatening a legally
established single family detached dwelling unit or one or more appurtenant structures;
and
b. The proposed bulkhead is more consistent with the City's Master
Program in protecting the site and adjoining shorelines and that non-structural
alternatives such as slope drainage systems, bioengineering or vegetative growth
stabilization, are not feasible or will not adequately protect a legally established residence
or appurtenant structure; and
c. The proposed bulkhead is located landward of the OHWM or it connects
to adjacent, legally established bulkheads; and
d. The maximum height of the proposed bulkhead is no more than one foot
above the elevation of extreme high water on tidal waters as determined by the National
Ocean Survey published by the National Oceanic and Atmospheric Administration.
9. Bulkheads or revetments shall be constructed of suitable materials that will
serve to accomplish the desired end with maximum preservation of natural
characteristics. Materials with the potential for water quality degradation shall not be
used. Design and construction methods shall consider aesthetics and habitat protection.
Automobile bodies, tires or other junk or waste material that may release undesirable
chemicals or other material shall not be used for shoreline protection.
10. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and wildlife 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 Chapter 77.55) and U.S. Army Corps of Engineer
regulations.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 22 of 64
G. Archaeological, Cultural and Historical Resources. In addition to the
requirements of TMC 18.50.110, Archaeological/Paleontological Information
Preservation Requirements, the following regulations apply.
1. All land use permits for projects within the shoreline jurisdiction shall be
coordinated with affected tribes.
2. If the City determines that a site has significant archaeological, natural
scientific or historical value, a substantial development that would pose a threat to the
resources of the site shall not be approved.
3. Permits issued in areas documented to contain archaeological resources
require a site inspection or evaluation by a professional archaeologist in coordination with
affected Indian tribes. The City may require that development be postponed in such areas
to allow investigation of public acquisition potential, retrieval and preservation of
significant artifacts and/or development of a mitigation plan. Areas of known or suspected
archaeological middens shall not be disturbed and shall be fenced and identified during
construction projects on the site.
4. Developers and property owners shall immediately stop work and notify the
City of Tukwila, the Washington Department of Archaeology and Historic Preservation
and affected Indian tribes if archaeological resources are uncovered during excavation.
5. In the event that unforeseen factors constituting an emergency, as defined
in RCW 90.58.030, necessitate rapid action to retrieve or preserve artifacts or data
identified above, the project may be exempted from any shoreline permit requirements.
The City shall notify the Washington State Department of Ecology, the State Attorney
General's Office and the State Department of Archaeology and Historic Preservation
Office of such an exemption in a timely manner.
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 TMC Section 18.44.080, "Public Access to the Shoreline,"
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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 23 of 64
2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA),
chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from proposed
shoreline uses or developments shall be conducted consistent with the rules
implementing SEPA (TMC Chapter 21.04 and WAC 197-11).
3. For all development, mitigation sequencing shall be applied in the following
order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of
an action.
b. Minimizing impacts by limiting the degree or magnitude of the action
and its implementation by using appropriate technology or by taking affirmative steps to
avoid or reduce impacts.
c. Rectifying the impact by repairing, rehabilitating, or restoring the
affected environment.
d. Reducing or eliminating the impact over time by preservation and
maintenance operations.
e. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments.
f. Monitoring the impact and the compensation projects and taking
appropriate corrective measures.
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 Chapter 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 TMC Section
18.44.060, "Vegetation Protection and Landscaping," 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:
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 24 of 64
a. A solid evergreen screen of trees and shrubs a minimum of six feet high;
or
b. Decorative fence a maximum of six feet high with landscaping. Chain
link fence, where allowed, shall be vinyl coated and landscaped with native trailing vine
or an approved non-native vine other than ivy, except where a security or safety hazard
may exist; or
c. Earth berms at a minimum of four feet high, planted with native plants in
accordance with the Vegetation Protection and Landscaping Section, TMC Section
18.44.060.
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, TMC Section 18.44.060.
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:
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;
affected;
(2) Impacts to the natural environment are minimized and mitigated;
(3) Water quality, river flows and/or fish habitat are not adversely
(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, TMC Section 18.44.060;
(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 TMC Section 18.44.050.H above. In that event, the "no net loss"
standard is met; and
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 25 of 64
(8) Documentation is provided to demonstrate that the fill comes from
a clean source.
b. Clearing, grading and landfill activities, where allowed, shall include
erosion control mechanisms, and any reasonable restriction on equipment, methods or
timing necessary to minimize the introduction of suspended solids or leaching of
contaminants into the river, or the disturbance of wildlife or fish habitats in accordance
with the standards in TMC Chapter 16.54, "Grading."
2. Dredging.
a. Dredging activities must comply with all federal and state regulations.
Maintenance dredging of established navigation channels and basins must be restricted
to maintaining previously dredged and/or existing authorized location, depth, and width.
b. Where allowed, dredging operations must be designed and scheduled
so as to ensure no net loss to shoreline ecological functions or processes. In cases where
impacts to shoreline ecological functions from allowed dredging are unavoidable, those
impacts shall be mitigated according to the provisions of TMC Section 18.44.050.H
above; 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.
General Requirements.
a. A dock may be allowed when the applicant has demonstrated a need for
moorage to the satisfaction of the Director of Community Development 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.
The Director shall use the following criteria to determine if the applicant
has demonstrated a need for moorage:
(a) Applicant has provided adequate documentation from a
commercial marina within 5 river miles that moorage is not available.
(b) Floating moorage buoy is technically infeasible as determined
by a professional hydrologist.
(c) Applicant has provided adequate documentation from any
existing moorage pier/dock owner within 5 river miles that joint use is not possible.
b. 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 26 of 64
c. 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.
d. 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.
e. 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.
f. No structures are allowed on top of over -water structures except for
properties located north of the Turning Basin.
g. 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.
h. 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.
i. 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 TMC Section 18.44.050.H above; 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 27 of 64
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.
b. Boat launch ramps shall be designed to minimize areas of landfill or the
need for shoreline protective structures.
c. Access to the boat ramp and parking for the ramp shall be located a
sufficient distance from any frontage road to provide safe maneuvering of boats and
trailers.
Cl. 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,
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 28 of 64
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.
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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 29 of 64
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 signage, 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.
e. Signs installed on utilities and wireless communication facilities denoting
danger or other safety information, including emergency contact information.
2. Billboards and other off -premise signs are strictly forbidden in the shoreline
buffer.
Section 21. TMC 18.44.060 is hereby reenacted to read as follows:
18.44.060 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;
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 30 of 64
shelter;
the river; and
(3) Vegetation that overhangs the river to provide places for fish to
(4) Source of insects for fish;
(5) Filtering of pollutants and slowing of stormwater prior to its entering
(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 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 and other vegetation within the City of Tukwila for properties located
within the shoreline 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.
2. 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.
3. 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.
The following activities are allowed without a permit or exemption:
a. 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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 31 of 64
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;
b. 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 the
Washington State Department of Ecology 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.
D. Tree 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.
b. Topping of trees is prohibited and will be regulated as removal with tree
replacement required.
c. 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. 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.
Cl. Location of the OHWM, shoreline buffer, Shoreline Jurisdiction
boundary and any critical areas with their buffers.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 32 of 64
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.
3. Criteria for Shoreline Tree Removal. A Type 2 Shoreline Tree Removal
and Vegetation Clearing Permit shall only be approved by the Director of Community
Development if the proposal complies with the following:
a. The site is undergoing development or redevelopment;
b. The proposal complies with tree retention, replacement, maintenance,
and monitoring requirements of this chapter; and
utilities;
c. Either:
(1) Tree poses a risk to structures;
(2) There is imminent potential for root or canopy interference with
(3) Trees interfere with the access and passage on public trails;
(4) Tree condition and health is poor; the City may require an evaluation
by an International Society of Arborists (ISA) certified arborist; or
(5) 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
4. Tree Replacement Requirements.
a. Significant trees that are removed, illegally topped, or pruned by more
than 25 percent in 36 month period within 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 removed as 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 33 of 64
Tree Replacement Requirements
Diameter* of Tree Removed (*measured at
height of 4.5 feet from the round)
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
e. 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.
f. 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.
5. 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.
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.
Minimum distances from the trunk for the 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 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 34 of 64
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.
4. Alternative protection methods may be used that provide equal or greater
tree protection if approved by the Director.
5. 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 here]. 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."
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. The applicant is responsible for ensuring that the CRZ of trees on adjacent
properties are not impacted by the proposed development.
12. A pre -construction inspection shall be conducted by the City to finalize tree
protection actions.
13. 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 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 35 of 64
F. Landscaping.
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 Shoreline 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.
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 on the
levees, however the remaining buffer landward of the levee shall be improved and
invasive vegetation planted.
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. A plan must be submitted indicating how
the work will be done and what erosion control and tree protection features will be utilized.
Federal and State permits may be required for vegetation removal with mechanized
equipment.
e. Trees and other vegetation shading the river shall be retained or
replanted when riprap is placed, as specified in the approved tree permit if a permit is
required.
f. Removal of invasive vegetation may be phased over several years prior
to planting, if such phasing is provided for by a plan approved by the Director to allow for
alternative approaches, such as sheet mulching and goat grazing. The method selected
shall not destabilize the bank or cause erosion.
g. A combination of native trees, shrubs and groundcovers (including
grasses, sedges, rushes and vines) shall be planted. The plants listed in the Riparian
Restoration and Management Table of the 2004 Washington Stream Habitat Restoration
Guidelines (Washington Department of Fish and Wildlife, Washington Department of
Ecology, and U.S. Fish and Wildlife Service, Olympia, Washington, as amended) shall
provide the basis for plant selection. Site conditions, such as topography, exposure, and
hydrology shall be taken into account for plant selection. Other species may be approved
if there is adequate justification.
h. Non-native trees may be used as street trees or in approved developed
landscape areas where conditions are not appropriate for native trees (for example where
there are space or height limitations or conflicts with utilities).
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 36 of 64
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
18.44.060.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.
q. The following standards apply to utilities and loading docks located in
the shoreline jurisdiction.
(1) Utilities such as pumps, pipes, etc. shall be suitably screened with
native vegetation;
(2) Utility easements shall be landscaped with native groundcover,
grasses or other low -growing plants as appropriate to the shoreline environment and site
conditions;
(3) Allowed loading docks and service areas located waterward of the
development shall have landscaping that provides extensive visual separation from the
river.
2. Shoreline Buffer Landscaping Requirements in all Shoreline
Environments. The Shoreline 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 37 of 64
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 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).
b. Plants shall be installed from the OHWM to the upland edge of the
Shoreline 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 Shoreline Buffer
Vegetation Planting Densities Table shown in TMC Section 18.44.060.F.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.
g. The Director, in consultation with the City's Urban 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.
Shoreline 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 lbs per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High
Intensity Environments — Outside of the Shoreline Buffer. For the portions of
property within the Shoreline Jurisdiction landward of the Shoreline 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 38 of 64
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
replacement 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;
(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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 39 of 64
(5) The use of pesticides in the shoreline jurisdiction is approved in
writing 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 City's Urban Environmentalist to
document planting of the correct number and type of plants.
b. Submit annual documentation of tree and vegetation health to the City
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 the City's Urban Environmentalist.
Cl. 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.
Section 22. TMC 18.44.070 is hereby reenacted to read as follows:
18.44.070 Environmentally Critical Areas within the Shoreline Jurisdiction
A. Applicable Critical Areas Regulations. The following critical areas, located in
the shoreline jurisdiction, shall be regulated in accordance with the provisions of the
Critical Areas Ordinance TMC Chapter 18.45, (Ordinance No. 2625, March 2, 2020),
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 40 of 64
which is herein incorporated by reference into this SMP, except as provided in TMC
Section 18.44.070.13. 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.
Wetlands
2. Watercourses (Type F, Type Np, Type Ns)
3. Areas of potential geologic instability
4. Fish and wildlife habitat conservation areas
B. The following provisions in TMC Chapter 18.45 do not apply to critical areas in
the shoreline jurisdiction:
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. Time Limitation, Appeals, and Vesting (TMC Section 18.45.190).
4. Wetlands Uses, Alterations and Mitigation (TMC Section 18.45.090).
Activities and alterations to wetlands and their buffers located within shoreline jurisdiction
shall be subject to the provisions and permitting mechanisms of this Master Program.
C. Shoreline buffer widths are defined in TMC Section 18.44.040.
D. Future amendments to the Critical Areas Ordinance require Department of
Ecology approval of an amendment to this Master Program to incorporate updated
language.
E. 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.
F. 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 41 of 64
G. Areas of seismic instability are also defined as critical areas. These areas are
regulated by the Washington State Building Code, rather than by TMC Section 18.44.070.
Additional building standards applicable to frequently flooded areas are included in the
Flood Zone Management Code (TMC Chapter 16.52).
Section 23. TMC 18.44.080 is hereby reenacted to read as follows:
18.44.080 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 at least 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.
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. 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 18.44.080.F.
The terms and conditions of TMC Sections 18.44.080.A and 18.44.080.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;
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 42 Of 64
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 TIVIC Section 18.44.080.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
c. Clearly identified pathways that are separate from vehicular circulation
areas. This may be accomplished through the use of distinct paving materials, 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 perpetuity.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 43 of 64
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 18.44.080.A.1, the requirement will be met by provision of a shoreline trail
as follows:
1. Development on Properties Abutting Existing Green River Trail. An
applicant seeking to develop property abutting the existing trail shall meet public access
requirements by upgrading the trail along the property frontage to meet the standards of
a 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 Regional 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 a 16-foot-
wide trail easement to the City for public access along the river.
3. On -site Trail Standards. 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,
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 44 of 64
hand carry boat launching, fishing, interpretive/educational uses, and/or parking 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.
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 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.
3. The maximum height for structures within the shoreline jurisdiction may be
increased by 15 feet for properties that construct a 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 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 45 of 64
4. During the project review, the project proponent shall affirmatively
demonstrate that the increased height for structures authorized in subparagraphs E.2 and
E.3 of this section will:
a. Not block the views of a substantial number of residences;
b. Not cause environmental impacts such as light impacts adversely
affecting the river corridor;
c. Achieve no net loss of ecological function; and
d. Not combine incentives to increase the allowed building height above
the maximum height in the parcel's zoning district.
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 inherent security
requirements of the use cannot be satisfied through the application of alternative design
features or other solutions.
c. The cost of providing the access, easement or other public amenity on
or off the development site is unreasonably disproportionate to the total long-term cost of
the proposed development.
d. Unavoidable environmental harm or net loss of shoreline ecological
functions that cannot be adequately mitigated will result from the public access.
e. Access is not feasible due to the configuration of existing parcels and
structures, such that access areas are blocked in a way that cannot be remedied
reasonably by the proposed development.
f. Significant undue and unavoidable conflict between the proposed
access and adjacent uses would occur and cannot be mitigated.
g. Space is needed for water -dependent uses or navigation.
2. In order to meet any of the above -referenced conditions, the applicant must
first demonstrate, and the City determine in its findings through a Type II decision, that all
reasonable alternatives have been exhausted including, but not limited to:
a. Regulating access by such means as maintaining a gate and/or limiting
hours of use;
b. Designing separation of uses and activities through fencing, terracing,
hedges or other design features; or
c. Providing access on a site geographically separate from the proposal
such as a street end cannot be accomplished.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 46 of 64
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
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, a 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:
18.44.090 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 47 of 64
2. Building Design. Development within the shoreline jurisdiction shall
demonstrate compliance with the following:
a. To prevent building mass and shape from overwhelming the desired
human scale along the river, development shall avoid blank walls on the public and river
sides of buildings.
b. Buildings should be designed to follow the curve of the river and respond
to changes in topography; buildings must not "turn their back" to the river.
c. Design common areas in buildings to take advantage of shoreline views
and access; incorporate outdoor seating areas that are compatible with shoreline access.
d. Consider the height and scale of each building in relation to the site.
e. Extend site features such as plazas that allow pedestrian access and
enjoyment of the river to the landward side of the buffer's edge.
f. Locate lunchrooms and other common areas to open out onto the water -
ward side of the site to maximize enjoyment of the river.
g. Design structures to take advantage of the river frontage location by
incorporating features such as:
trail system;
(1) plazas and landscaped open space that connect with a shoreline
(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 TMC
Section 18.44.060, "Vegetation Protection and Landscaping." 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 TMC Section 18.44.060, "Vegetation Protection and
Landscaping." 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 48 of 64
Cl. 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
use.
(3) Consistent with the character of the shoreline and the anticipated
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. Design of Flood Walls. 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(2)(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
criteria:
(1) The proposed relief is the minimum necessary to relieve the
hardship;
(2) After granting the proposed relief, there is net environmental benefit
from the restoration project; and
(3) Granting the proposed relief is consistent with the objectives of the
shoreline restoration project and with the Shoreline Master Program.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 49 of 64
(4) Where a shoreline restoration project is created as mitigation to
obtain a development permit, the project proponent required to perform the mitigation is
not eligible for relief under the provisions of this section.
b. The Department of Ecology must review and approve applications for
relief.
c. For the portion of property that moves from outside Shoreline
Jurisdiction to inside Shoreline Jurisdiction as a result of the shoreline restoration project,
the City may consider the following, consistent with the criteria in TMC Section
18.44.100.13.1.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 TMC Section
18.44.100.B.1.c.(1) through 18.44.100.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 5.2
of the Tukwila Comprehensive Plan.
2. Consistent with the provisions of TMC Section 18.44.100.B.1.a, 1.b and 1.c,
the Shoreline Residential Environment, High Intensity, 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 TMC Section 18.44.060, "Vegetation Protection and Landscaping," 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.
3. The habitat restoration project proponents must record with King County a
survey that identifies the location of the OHWM location prior to implementation of the
shoreline restoration project, any structures that fall within the Shoreline Jurisdiction, and
the new location of the OHWM once construction of the shoreline restoration project is
completed.
4. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers
and Washington State Department of Fish and Wildlife approvals as well as written
approval from the City.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 50 of 64
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:
18.44.110 Administration
A. Applicability of Shoreline Master Program and Substantial Development
Permit.
1. Development in the Shoreline Jurisdiction. Based on guidelines in the
Shoreline Management Act (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.
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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 51 of 64
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
March 2, 2020. 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.
D. 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 52 of 64
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 18.44.100. 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 Shoreline Master Program.
E. 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 shall not be authorized with approval of a
CUP.
2. Application. Shoreline Conditional Use Permits are a Type 4 Permit
processed under TMC Chapter 18.104.
3. Application requirements. Applicants must meet all requirements for
permit application and approvals indicated in TMC Chapter 18.104 and this chapter.
4. Approval Criteria.
a. Uses classified as shoreline conditional uses may be authorized,
provided that the applicant can demonstrate all of the following:
(1) The proposed use will be consistent with the policies of RCW
90.58.020 and the policies of the Tukwila Shoreline Master Program;
(2) The proposed use will not interfere with the normal public use of
public shorelines;
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 53 of 64
(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 a permit would result in inconsistencies with the policies of the Shoreline
Management Act (RCW 90.58.020). In all instances, the applicant must demonstrate that
extraordinary circumstances exist and the public interest will suffer no substantial
detrimental effect.
4. Shoreline Variance Permits Landward of OHWM and Landward of
Wetlands. A Shoreline Variance Permit for a use, activity or development that will be
located landward of the ordinary high water mark and/or landward of any wetland may be
authorized provided the applicant can demonstrate all of the following:
a. The strict application of the bulk, dimensional, or performance standards
set forth in this chapter preclude or significantly interfere with a reasonable use of the
property not otherwise prohibited by this chapter.
b. The hardship 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 54 of 64
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.
g. 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 or Within Critical
Areas.
a. Shoreline Variance Permits for development and/or uses that will be
located either waterward of the ordinary high water mark or within any 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 18.44.110.FA., "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:
a. No such non -conforming use shall be enlarged, intensified, increased,
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.
b. 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 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 when the non -conforming use ceases to exist. Water -dependent
uses should not be considered discontinued when they are inactive due to dormancy, or
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 55 of 64
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 may grant an extension
of time beyond the 24 consecutive months using the criteria set forth in TMC Section
18.44.110. G.4.
c. 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.
d. A structure that is being or has been used for a non -conforming use may
be used for a different non -conforming use only upon the approval of a Type 2 permit
subject to public notice. Before approving a change in non -conforming use, the following
findings must be made:
(1) No reasonable alternative conforming use is practical.
(2) The proposed use will be at least as consistent with the policies and
provisions of the SMP and as compatible with the uses in the area as the non -conforming
use.
(3) The use or activity is enlarged, intensified, increased or altered only
to the minimum amount necessary to achieve the intended functional purpose.
(4) The structure(s) associated with the non -conforming use shall not
be expanded in a manner that increases the extent of the non -conformity.
(5) The change in use will not create adverse impacts to shoreline
ecological functions and/or processes.
(6) The applicant restores and/or enhances the entire shoreline buffer,
including but not limited to, paved areas no longer in use on the property, to offset the
impact of the change of use per the vegetation management standards of this chapter.
This may include the restoration of paved areas to vegetated area if no longer in use.
(7) The 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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 56 of 64
(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, provided the applicant restores and/or enhances the shoreline buffer from
above the Ordinary High Water Mark to at least 12 feet landward of the top of the slope
along the entire length of the subject property to meet the vegetation management
standards of this chapter (TMC Section 18.44.060). If the structure is located on a
property that has reasonable development potential outside the shoreline buffer, the cost
of the alterations may not exceed an aggregate cost of 50% of the value of the building
or structure in any 3-year period based upon its most recent assessment, unless the
amount over 50% is used to make the building or 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 two 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 granted using the criteria in TMC Section 18.44.110.G.4.
e. Residential structures located in any Shoreline Residential Environment
and in existence at the time of adoption of this chapter shall not be deemed
nonconforming in terms of height, residential use, or location provisions of this title. Such
buildings may be rebuilt after a fire or other natural disaster to their original dimensions,
location and height, but may not be changed except as provided in the non -conforming
uses section of this chapter.
f. Single-family structures in the Shoreline Residential Environment that
have legally non -conforming setbacks from the OHWM per the shoreline 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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 57 of 64
replanting with appropriate native species must be submitted to the City. Plantings should
be maintained through the establishment period.
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 two-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; and
(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 TMC Section 18.44.060
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 City -approved extension that are
deemed necessary to assure compliance with the above findings, the requirements of the
Shoreline Master Program and the Shoreline Management Act and to assure that the use
will not become a nuisance or a hazard.
5. Building Safety. Nothing in this SMP shall be deemed to prevent the
strengthening or restoring to a safe condition of any non -conforming building or part
thereof declared to be unsafe by order of any City official charged with protecting the
public safety.
a. Alterations or expansion of a non -conforming structure that are required
by law or a public agency in order to comply with public health or safety regulations are
the only alterations or expansions allowed.
b. Alterations or expansions permitted under this section shall be the
minimum necessary to meet the public safety concerns.
6. Non -Conforming Parking Lots.
a. Parking lot regulations contained in this chapter shall not be construed
to require a change in any aspect of a structure or facility that existed on the date of
adoption of this chapter covered thereunder including parking lot layout, loading space
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 58 of 64
requirements and curb -cuts, except as necessary to meet vegetation protection and
landscaping standards consistent with TMC Section 18.44.110.E.7.
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 provided the upgrade does not result in an increase in non -conformity.
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.
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.
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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 59 of 64
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:
18.44.120 Appeals
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:
18.44.130 Enforcement and Penalties
A. Violations. The following actions shall be considered violations of this chapter:
1. To use, construct or demolish any structure, or to conduct clearing, earth -
moving, construction or other development not authorized under a Substantial
Development Permit, Conditional Use Permit or Variance Permit, where such permit is
required by this chapter.
2. Any work which is not conducted in accordance with the plans, conditions,
or other requirements in a permit approved pursuant to this chapter, provided that the
terms or conditions are stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or
posted in accordance with this chapter.
4. To misrepresent any material fact in any application, plans or other
information submitted to obtain any shoreline use or development authorization.
5. To fail to comply with the requirements of this chapter.
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
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 60 of 64
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 8.45.120, 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
18.44.060.13.4.
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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 61 of 64
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 8.45.100.
Section 29. TMC 18.44.140 is hereby reenacted to read as follows:
18.44.140 Liability
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
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
TMC 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 Design Review Criteria
H. Shoreline Design 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 62 of 64
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
INITIAL
APPEAL BODY
TYPE OF PERMIT
DECISION
(closed record
MAKER
appeal)
Resolve uncertain zone district
Hearing
Superior Court
boundary
Examiner
Variance (zoning, shoreline,
Hearing
Superior Court
sidewalk, land alteration, sin)
Examiner
TSO Special Permission Use
Hearing
Superior Court
TMC Section 18.41.060
Examiner
Conditional Use Permit
Hearing
Superior Court
Examiner
Modifications to Certain Parking
Hearing
Superior Court
Standards
Examiner
TMC Chapter 18.56
Reasonable Use Exceptions
Hearing
Superior Court
under Critical Areas Ordinance
Examiner
TMC Section 18.45.180
Variance for Noise in excess of
Hearing
Superior Court
60 days
Examiner
TMC Section 8.22.120
Variance from Parking Standards
Hearing
Superior Court
over 10%
Examiner
TMC Section 18.56.140
Subdivision - Preliminary Plat
Hearing
Superior Court
with no associated Design
Examiner
Review application
TMC Section 17.14.020
Wireless Communication Facility,
Hearing
Superior Court
Major or Waiver Request
Examiner
TMC Chapter 18.58
Shoreline Conditional Use Permit
Hearing
State Shorelines
Examiner
Hearings Board
Section 33. 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.
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton Page 63 of 64
Section 34. 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 35. 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 36. 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 _2,1!1�4 day of WkLL , 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the Cit Attorney
W: Legislative Development\SMP-Zoning Code changes 2-25-20
MD:bjs Review and analysis by Barbara Saxton
Filed with the City Clerk: OZ-1-6-Zz
Passed by the City Council: 9.3- a a.-2e-
Published: D-3 - es-Ze
Effective Date: Pev sce hvK 34
Ordinance Number: a627--
Page 64 of 64
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2625-2627.
On March 2, 2020 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2625: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADDING, REPEALING AND AMENDING VARIOUS DEFINITIONS AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) CHAPTER 18.06, "DEFINITIONS," AS IDENTIFIED HEREIN;
AMENDING AND RECODIFYING VARIOUS ORDINANCES AS CODIFIED IN MULTIPLE SECTIONS OF
TMC CHAPTER 18.52, "LANDSCAPE REQUIREMENTS;" AMENDING ORDINANCE NO. 2443 §25, AS
CODIFIED AT TMC SECTION 18.28.240.C; AMENDING ORDINANCE NO. 2570 §3, §4, §5, §6, §7, §9,
§12, §17 AND §20, AND ORDINANCE NO. 1758 §1 (PART), AS CODIFIED AT MULTIPLE SECTIONS OF
TMC CHAPTER 18.54, "URBAN FORESTRY AND TREE REGULATIONS;" AMENDING ORDINANCE NO.
2518 §15 AND ORDINANCE NO. 1819 §1 (PART), AS CODIFIED AT TMC SECTION 18.70.050;
REPEALING ORDINANCE NOS. 2175 AND 2077, AS CODIFIED AT TMC SECTION 18.70.050;
REPEALING ORDINANCE NO. 2301, AS CODIFIED IN MULTIPLE SECTIONS OF TMC CHAPTER
18.45, "ENVIRONMENTALLY SENSITIVE AREAS;" REPEALING ORDINANCE NO. 2368 §47, §48, §49
AND §50, AS CODIFIED AT VARIOUS SECTIONS OF TMC CHAPTER 18.45 AS IDENTIFIED HEREIN;
REENACTING TMC CHAPTER 18.45, "ENVIRONMENTALLY SENSITIVE AREAS," TO AMEND AND
ESTABLISH NEW REGULATIONS RELATED TO CRITICAL AREAS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2626: 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.
Ordinance 2627: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 5, 2020
Barbara Saxton
From: Kari Sand
Sent: Thursday, October 29, 2020 11:27 AM
To: Barbara Saxton
Cc: Christy O'Flaherty; Andy Youn
Subject: RE: Scrivener's Error?
Good morning, everyone—
To confirm, YES, the section title for TMC Section 18.60.050 can be corrected as a scrivener's error from "Board of
Architectural Review" to "Design Review Criteria."
Thank you for catching and correcting this section title error in TMC Section 18.60.050.
Have a great day,
-Kari
Kari i_. Sand I Attorney
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
Direct: 206.447.2250 I Fax: 206.447.0215
ksand@omwlaw.com I www.omwlaw.com
CONFIDENTIAL COMMUNICATION - This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender. It may contain information that is proprietary,
privileged, and/or confidential. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY
PROHIBITED. If you have received this message in error, please notify the sender immediately and destroy the original transmission and all copies.
From: Barbara Saxton <Barbara.Saxton@TukwilaWA.gov>
Sent: Thursday, October 29, 2020 10:00 AM
To: Kari Sand <Kari.Sand@TukwilaWA.gov>
Cc: Christy O'Flaherty <Christy.OFla herty@TukwilaWA.gov>; Andy Youn <Andy.Youn@TukwilaWA.gov>
Subject: Scrivener's Error?
During Andy's codification of the SMP -Zoning Code changes ordinance (No. 2627), she noticed one error. The
amendment being made was to add a new subsection (H) to TMC Section 18.60.050. TMC Section 18.60.050 is entitled,
"Design Review Criteria." During the ordinance creation, the TMC section title was included as added clarification of
where the new subsection was being added. However, I used the incorrect section title, calling it "Board of Architectural
Review," which is the title of the chapter, instead of "Design Review Criteria," which is the title of Section 18.60.050.
The language regarding the amendment (adding a new subsection H) is correct. Only the clarifying information (the
name of the applicable section) is wrong. Please advise if this qualifies to be changed as a scrivener's error. Feel free to
contact us with questions, Kari. Thank you.
Section 31. TIVIC 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. Shoreline Design 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.
Link to Ordinance No. 2627 (Section 31 on Page 62):
httrj:llrecords.tul<wilawa.gov/WebLink/DocView.aspx?id=329789&searchid=cc8dd9fc-110c-44fd-8a77-
fl3330d84ab8&dbid=l
Below is a link to our written process for correcting scrivener's errors:
https:HtuI<wilawa.sharepoint.com/:w:/s/mayorsoffice/cc/EYb9SitJsltOi6AxiWgpFi8BTf91ZRGAe8doEzTollYe
Gw?e=028EOz
Bar6ara Sa,,Cton
City Clerk's Office
City of Tukwila
The City of opportunity, the community of choice.
Barbara Saxton
From: Barbara Saxton
Sent: Thursday, October 29, 2020 11:29 AM
To: Minnie Dhaliwal
Cc: Christy O'Flaherty; Andy Youn
Subject: FW: Scrivener's Error? (SMP Zoning Code ord)
FYI. Thanks to Andy for catching this! This will be corrected in our "originals" file of ordinances and in Laserfiche.
From: Kari Sand <Kari.Sand@TukwilaWA.gov>
Sent: Thursday, October 29, 2020 11:27 AM
To: Barbara Saxton <Barbara.Saxton@TukwilaWA.gov>
Cc: Christy O'Flaherty <Christy.OFlaherty@TukwilaWA.gov>; Andy Youn <Andy.Youn@TukwilaWA.gov>
Subject: RE: Scrivener's Error?
Good morning, everyone—
To confirm, YES, the section title for TMC Section 18.60.050 can be corrected as a scrivener's error from "Board of
Architectural Review" to "Design Review Criteria."
Thank you for catching and correcting this section title error in TMC Section 18.60.050.
Have a great day,
-Kari
Kari L. Sand I Attorney
Ogden Murphy Wallace P.L.L.C.
901 Fifth Avenue, Suite 3500 Seattle, WA 98164
Direct: 206.447.2250 1 Fax: 206.447.0215
I<sand@omwlaw.com I www.omwlaw.com
CONFIDENTIAL COMMUNICATION - This communication constitutes an electronic communication within the meaning of the Electronic Communications
Privacy Act, 18 U.S.C. Section 2510, and its disclosure is strictly limited to the recipient intended by the sender. It may contain information that is proprietary,
privileged, and/or confidential. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the contents is STRICTLY
PROHIBITED. If you have received this message in error, please notify the sender immediately and destroy the original transmission and all copies.
From: Barbara Saxton <Barbara.Sa7<ton@TukwilaWA.gov>
Sent: Thursday, October 29, 2020 10:00 AM
To: Kari Sand <Kari.Sand@TukwilaWA.gov>
Cc: Christy O'Flaherty <Christy; OFlahert @TukwilaWA.gov>; Andy Youn <Anc1V.Youn2TukwilaWA.gov>
Subject: Scrivener's Error?
During Andy's codification of the SMP -Zoning Code changes ordinance (No. 2627), she noticed one error. The
amendment being made was to add a new subsection (H) to TMC Section 18.60.050. TMC Section 18.60.050 is entitled,
"Design Review Criteria." During the ordinance creation, the TMC section title was included as added clarification of
where the new subsection was being added. However, I used the incorrect section title, calling it "Board of Architectural
Review," which is the title of the chapter, instead of "Design Review Criteria," which is the title of Section 18.60.050.
The language regarding the amendment (adding a new subsection H) is correct. Only the clarifying information (the
name of the applicable section) is wrong. Please advise if this qualifies to be changed as a scrivener's error. Feel free to
contact us with questions, Kari. Thank you.
Section 31. TIVIC 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. Shoreline Design 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.
Link to Ordinance No. 2627 (Section 31 on Page 62):
http:llrecords.tul<wilawa.govZWebLinl<lDocView.aspx?id=329789&searchid=cc8dd9fc-IlOc-44fd-8a77-
fl3330d84ab8&dbid=l
Below is a link to our written process for correcting scrivener's errors:
https:lltukwilawa.sharepoint.com/:w:/s/`mayorsoffice/`cc/EYb9SitJsltOi6AxiWgpFi8BTf9lZRGAe8doEzTollYe
Gw?e=028EOz
(Barbara Saxton
City Clerk's Office
City of Tukwila
The City of opportunity, the community of choice.
Barbara Saxton
From:
Barbara Saxton
Sent:
Monday, October 26, 2020 11:09 AM
To:
Andy Youn
Cc:
Christy O'Flaherty
Subject:
RE: Ordinance 2627 SMP codification
See below (in red).
From: Andy Youn <Andy.Youn@TukwilaWA.gov>
Sent: Friday, October 23, 2020 9:57 AM
To: Barbara Saxton <Barbara.Saxton@TukwilaWA.gov>
Cc: Christy O'Flaherty <Christy.OFlaherty@TukwilaWA.gov>
Subject: RE: Ordinance 2627 SMP codification
This one is definitely a mistake. Although the wording of the new subparagraph being added is correct, the title listed
for the section (18.60.050) is incorrect. The title was only included to clarify where this new subparagraph was being
added, so the fact that it is the wrong wording is certainly not helpfui. Hopefuily, approval of a a scrivener's error to
fix this would be simple.
Scroll down for other issue.
One more error found:
Section 31 of Ord. 2627 amends 18.60.050 to add a section H, but references the wrong section title for this section.
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, 1,865 §51, and 1758 §1 (part), as
codified at TIVIC Section 18.60.050, are hereby amended to add Section H to read as
follows:
18.60.050 Board of Architectural Review
H. Shoreline Design 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.
TMC 18.60.050 is actually called Shoreline Design Criteria, not Board of Architectural Review.
I - 1 - I .
• 18,.60.050-) Design -Review-Criterial
A.-) Generally. -The- BAR -is- authorized -to- request -and- rely-
upon- any- docurnent,.- guideline,- or -other- consideration- it- deems,
relevant- or. useful -to- satisfy -the- purpose -and- objectives- of. this-
chapter,- specifically- including- but- not- lirnited- to- the- following-
criteria.-The-applicant-shall-bear-the-full-
ollowing-
criteria.-The-appIicant-shall-bear-the-full- burden- of proof th at- the -
nrnnn.-;Fd-dpvpinnment-nlpn.-;-,;,qti-,+j.,qll-nf-thp-r.ritp(i;q -Thp-RAR-
Confirming whether I am OK to codify and simply add in Section H into this section.
Thank you,
Andy
From: Andy Youn
Sent: Friday, October 23, 2020 9:45 AM
To: Barbara Saxton <Barbara.Sa)<ton@Tul<wilaWA.gov>
Cc: Christy O'Flaherty <Christy.0 Fla herty@Tul<wilaWA.gov>
Subject: Ordinance 2627 SMP codification
On this one® I do not think any correction is needed. The text is all correct. Ord. 2627 (SMP Zoning Code
changes) amends some wording. Ord. 2525 (Critical Areas) changes the section numbering from 18.52.030
to 18.52.040. None of the language is "wrong," and I feel it was actually more clear this way since the three
ordinances were adopted at the same meeting.
I'm wrapping up the codification of Ord. 2627 and found that section 30 of the ordinance amends TMC 18.52.030 as
follows:
Section 30. TMC 18.52.030 Amended. Ordinance Nos. 2580 §6, 2523 §8, 2442
§1, 2251 §61, 223,5 §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:
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
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
TMC 18.44.060, "Vegetation Protection and Landscaping."
Ord. 2625 section 46 actually amends this chapter and renumbers sections, so the section that I am amending is actually
18.52.040, not 18.52.030.
Since they were passed at the same time, I'm assuming this won't need to be logged as a scrivener's error, and I'm OK to
finish codifying Ord. 2627 as intended as 18.52.040? Thought I'd check to make sure.
Thank you,
AnclyYoun
Deputy City Clerk
Records Governance I City Clerk's Office
City of Tukwila
PJ
Barbara Saxton
From:
Kari Sand
Sent:
Wednesday, August 25, 2021 9:16 AM
To:
Nora Gierloff; Barbara Saxton
Cc:
Christy O'Flaherty; Andy Youn
Subject:
Re: Potential scrivener's error
Thank you for following-up. I agree that these should be handled as scrivener's errors and corrected
accordingly.
Thank you,
Kari
PIKIIIIIIIIII011 =11
Ogden Murphy Wallace, PLLC
901 Fifth Avenue, Suite 3500 1 Seattle, WA 98164
Direct: 206.447.2250 Fax: 206.447.0215
ksand@omwlaw.com www.omwlaw.com
Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56
RCW).
From: Nora Gierloff <Nora.Gierloff@TukwilaWA.gov>
Sent: Tuesday, August 24, 20214:23 PM
To: Barbara Saxton <Barbara.Saxton@TukwilaWA.gov>; Kari Sand <Kari.Sand@TukwilaWA.gov>
Cc: Christy O'Flaherty <Ch risty.0 Fla herty@Tu kwi laWA.gov>; Andy Youn <Andy,Youn@TukwilaWA.gov>
Subject: Re: Potential scrivener's error
My preference is to handle this as a scrivener's error but ultimately it is Kari's call.
From: Barbara Saxton <Barbara.Saxton@TukwilaWA.gov>
Sent: Tuesday, August 24, 20213:52 PM
To: Kari Sand <Kari.Sand@TukwilaWA.gov>; Nora Gierloff <Nora.Gierloff@TukwilaWAgov>
Cc: Christy O'Flaherty <Christy.0 Fla herty@TukwilaWA.gov>; Andy Youn <Andy.Youn@TukwilaWA.gov>
Subject: FW: Potential scrivener's error
Just wanted to bring this item to the forefront again. Please advise. Thank you!
From: Barbara Saxton
Sent: Thursday, July 29, 20214:08 PM
To: Kari Sand <Kari.Sand@TukwilaWA.gov>
Cc: Christy O'Flaherty <Christy.0 Fla he rty@Tu kwilaWA.gov>; Andy Youn <Andy.Youn@TukwilaWA.gov>; Nora Gierloff
<Nora.Gierloff @TukwilaWA.gov>
Subject: Potential scrivener's error
We have noticed two discrepancies in Ordinance No. 2627, which made changes to the Zoning Code based on the
SMP. Please advise if they can be corrected as scrivener's errors. Thank you!
Link to ordinance:
10-'12627 SMP -Zoning Code changes 2-25-20.docx
(1) On page 38 of the ordinance, subparagraph "d" refers to the "Shoreline Buffer Vegetation Planting Densities
Table." When the ordinance was being drafted, the original name of the table ("River Buffer Vegetation Planting
Densities Table") was changed in this subparagraph from "River" to "Shoreline."
The table itself is shown after subparagraph "g" (still on page 38); however, the title of the table wasn't changed from
"River" to "Shoreline."
(2) In addition, it seems like that same subparagraph (F.) 2.d. should refer to TMC Section 18.44.060.F.2 (instead of
C.2). (Paragraph "I"' starts on page 36 of the ordinance.)
-) -) -4 d. -)Minimum - plant- spacing in- the- buffer. shall. follow -the Shoreline- Buffer -
Vegetation -Planting Densities -Table -shown -in -TMC �Section - 1 8.44.060.C.2 Existing-non-
invasive-plants-may-be-included-in-the
xisting-non-
invasive-plants-may-be-included-in-the -density-calculations.'
-) 4 -1, e.- Irrigation - for. buffer- plantings- is � required Jor- at. least -two -dry �seasons -or.
until plants . are. established. ..An , irrigation - plan- is -to- be -included - as- part� of - the -planting
plan.%
-1) .4 -) 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 -
areashall- be -planted -and maintained -with -a -variety of - native -vegetation -appropriate - for�
site -conditions, �
-0 -4 .4 g.-•, The�Director, -in -consultation with -the -City's Urban -Environmentalist„ -may
approve -the -use -of shrub -planting and -installation of-willow-stakes-to-be-counted-toward-
the
f-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.'
Plant -Material -Type=
Planting-Densitya
StakeS/CLitfings -along -riverbank.
willows -red-osier dogIwood )a
1 -- -2-feet -on-center-or-per. bioengineering -
ioengineering-willows,
method -a
Shrubs-
3--'S-feet-on-center, -dependingonspeciesa
Trees-
15 -20 -feet on center; -depending-on,specieso
Groundcovers, -grasses, -sedges, -
rushes, -other-herbaceous -plantso
1 --- 1.5 -feet on -center,-depending-on speciesa
Nativeseedmixeso
5---25-lbs-per acre, -depending-on speciesa