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Home My WebLink AboutCOW 2021-08-09 Item 6A - Ordinances - Impact Fee Exemptions for Early Learning FacilitiesCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 7/26/21 BJM ❑ Motion Mtg Date ❑ Resolution Mtg Date 8/9/21 BJM ❑ Public Hearing Mtg Date 8/9/21 ❑ Other Mtg Date 8/16/21 BJM SPONSOR ❑ Council ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIG 11 Mayor SPONSOR'S The State legislature recently enacted SHB 1331 which seeks to increase the number of SUMMARY early learning facilities by authorizing local governments to exempt such facilities from development impact fees and thus reducing the cost to develop such facilities. The City would need to adopt amendments to three ordinances to allow the impact fee exemptions to occur. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 7/12/21 /1 Finance ITEM INFORMATION ITEM No. 5 & 6.A. 1 STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 7/26/21 AGENDA ITEM TITLE Impact Fees for Early Learning Facilities (Substitute House Bill 1331) CATEGORY 11 Discussion 7/26/21 ❑ Motion Mtg Date ❑ Resolution Mtg Date 11 Ordinance ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date 8/9/21 ❑ Other Mtg Date Mtg Date Mtg Date 8/16/21 SPONSOR ❑ Council ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIG 11 Mayor SPONSOR'S The State legislature recently enacted SHB 1331 which seeks to increase the number of SUMMARY early learning facilities by authorizing local governments to exempt such facilities from development impact fees and thus reducing the cost to develop such facilities. The City would need to adopt amendments to three ordinances to allow the impact fee exemptions to occur. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ LTAC ❑ Arts Comm. DATE: 7/12/21 /1 Finance & Governance ❑ Planning & Community Dev. ❑ Planning Comm. CHAIR: IDAN ❑ Parks Comm. COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Mayor's Office, Office of Economic Development Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: N/A MTG. DATE RECORD OF COUNCIL ACTION 7/26/21 MTG. DATE ATTACHMENTS 7/26/21 Informational Memorandum, dated July 6 Substitute House Bill 1331 Info Memo, dated July 19 (Response to Question & Comments at Finance Committee) Minutes from the 7/12 Finance & Governance Committee meeting 8/9/21 Informational Memorandum, dated July 6 with attachments Draft Ordinances 8/16/21 1 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Finance and Governance Committee FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: July 6, 2021 SUBJECT: Impact Fees for Early Learning Facilities (Substitute House Bill 1331) ISSUE Should the City reduce the impact fees required to be paid for "Early Learning Facilities" as permitted by Substitute House Bill (SHB) 1331? BACKGROUND The State legislature recently enacted SHB 1331 which seeks to increase the number of early learning facilities by authorizing local governments to exempt such facilities from development impact fees and thus reducing the cost to develop such facilities. Impact Fees and Early Learning Facilities The City of Tukwila collects Transportation, Parks, and Fire' impact fee from certain eligible development projects within the city. Development impact fees are envisioned as a way that "growth pays for growth." As a city grows and more people and businesses choose to call it home, more city facilities and capital are needed to support this growth. More fire engines are needed, more parks, and road improvements need to be made. Through impact fees, new development pays for its proportional share of these new facilities and capital. A new development can include new construction on vacant land or can also be a change of use in an existing building. The impact fees are required to be collected at the time of issuance of the building permit for the new development. If a city imposes impact fees, current state law only allows an exemption for low-income housing and other development activities with broad public purposes. In most cases, if a project is exempt from impact fees the City is required to make up the difference with public funds other than impact fees, such as the City's General Fund. The impact fees for Park and Fire are determined by classifying a use into one of several use categories and then applying a multiplier to the total square footage or number of units. Traffic impact fees are calculated based on the number of PM Peak' trips for the use as cited in the Institute for Traffic Engineers (ITE) manual multiplied by a cost per trip. The city uses nearly four dozen use categories for traffic impact fees. The impact fees for a particular development may be reduced by the City based on analysis of studies and other evidence provided by the developer for that particular development showing lower demands on the City's parks, fire, and transportation infrastructure. The traffic impact fees charged for an early learning facility (ELF) can be considerable relative to the physical size of the business. This is due to the fact that, based on the ITE manual, an ELF While permitted by State law, the City does not collect School Impact fees. 2 The PM Peak is defined as the period between 4:00 P.M. and 6:00 P.M. {EFM2440665.DOC;1/13175.000001/ } 3 4 INFORMATIONAL MEMO Page 2 has a considerable number of PM peak trips. This is consistent with the overall function of ELFs in that parents are typically picking up children between the hours of 4:00 P.M to 6:00 P.M., the PM Peak. As an example, the following outlines the impact fees that would be due for a new 2,000 square foot development within the Tukwila International Boulevard neighborhood: Proposed Use of Building Fire Impact Fee Parks Impact Fee Traffic Impact Fees (Zone 3) Total Early Learning Facility $4,010 $2,616 $123,500 $130,126 Office $1,568 $2,358 $65,7603 $69,686 Retail $4,010 $2,616 $31,2404 $37,866 As indicated above, ELFs would pay a considerable amount of traffic impact fees compared to office and retail using the same size space. However, the developer could submit studies to the City that provide evidence estimating fewer trips than reflected in the ITE manual and request a reduction of the traffic impact fee. Substitute House Bill (SHB) 1331 During the 2021 session the Washington State Legislature adopted SHB 1331 to provide relief to ELFs with regards to impact fees charged by municipalities. The provisions of the bill will go into effect on July 25, 2021. SHB 1331 provides new requirements on the application of impact fees on ELFs that the City must follow. Staff believes the City already complies with the new requirements. In addition, the Bill provides certain tools that the City can choose to allow to reduce or eliminate impact fees for ELFs. The Bill allows municipalities to exempt a portion, or even all, of the required impact fees for ELFs. There are three options made available by SHB 1331: (1) The City could choose to exempt up to 80% of the required impact fees for an ELF. If the exemption is no more than 80% there is no requirement for the City to make up the exempt impact fee with General Fund dollars. (2) The City could exempt more than 80% of the impact fee provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. (3) The City could exempt over 80% of the impact fee without having to pay any amount from other public funds, provided the property owner receiving the exemption records a convent that requires the following: • That at least 25 percent of the children and families using the early learning facility qualify for state subsidized childcare, including early childhood education and assistance under chapter 43.216 RCW; and • Provides that if the property is converted to a use other than for an early learning facility, the property owner must pay the applicable impact fees in effect at the time 3 The rate for administrative offices up to 9,999 square fee is being used. 4 The "miscellaneous retail" rate is being used. {EFM2440665.DOC;1/13175.000001/ } INFORMATIONAL MEMO Page 3 of conversion; and • Provides that if at no point during a calendar year does the early learning facility achieve the required percentage of children and families qualified for state subsidized child care using the early learning facility, the property owner must pay 20 percent of the impact fee that would have been imposed on the development had there not been an exemption within 90 days of the local government notifying the property owner of the breach, and any balance remaining thereafter shall be a lien on the property. If the City wants to exempt impact fees for ELFs it would have to amend the ordinances that govern traffic, parks, and fire impact fees. DISCUSSION In passing this law, the State's expressed intent is to expand the number of early learning facilities. Other organizations have expressed the importance of early learning facilities. For example, as part of its May 2021 report "Partners for Prosperity: An Economic Recovery Framework for Recovery", Greater Seattle Partners noted that the lack of affordable childcare in low-income communities in King County impacts the abilities of community members to access high paying jobs or to start and run their own businesses. These impacts disproportionally impact women, specifically women of color, hindering their ability to generate generational wealth. In addition to supporting community members who need childcare, ELFs also benefit surrounding businesses, by providing childcare to their employees thus helping the businesses to attract and retain employees. Reducing the impact fees paid by ELFs would make it less expensive for facilities to begin operating in the City of Tukwila. Based upon the options outlined in SHB 1331, the City has the following options: 1. Make No Changes to Current Policy The City would continue to impose impact fees on ELFs according to our current municipal code. 2. Allow an Impact Fee Exemption for ELFs up to 80% Under this option the City would exempt up to 80% of the required impact fee for ELFs. The City would not be required to pay the exemption with General Fund dollars. Using the 2,000 square foot example outlined above and assuming an 80% exemption, the new impact fee due is shown. Proposed Use of Building Fire Impact Fee Parks Impact Fee Traffic Impact Fees (Zone 3) Total Early Learning Facility $4,010 $2,616 $123,500 $130,126 80% Reduction: New Total: $104,100 $26,026 {EFM2440665.DOC;1/13175.000001/ } 5 6 INFORMATIONAL MEMO Page 4 3. Allow an Impact Fee Exemption for ELFs over 80%. The City could allow an exemption greater than 80% of the required impact fees, provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. 4. Allow an Impact Fee Exemption for ELFs over 80% and Require Covenants. The City could also allow an exemption greater than 80% of the required impact fees without paying other public funds into the impact fee fund, provided the property owner agrees to record a covenant against the property with the restrictions outlined above. There are two issues with this higher exemption and required covenant to consider: 1. In many cases the ELF will be operated by someone leasing a property versus the actual property owner. An owner may not agree to have a covenant recorded against their property. The required covenant shifts the payment of the impact fee from the tenant to the property owner if the terms of the covenant are not met. 2. It creates additional work for the City to approve the covenant, perform annual monitoring, and enforce payment through liens or other mechanisms. It is important to note that early learning facilities do have impacts on fire, parks, and transportation services. If the City chooses to exempt a portion of the impact fees for early learning facilities, it could reduce the amount of funding available to pay for those impacts, assuming the ELF would have been built anyway. FINANCIAL IMPACT Staff believes that exempting ELFs from impact fees would not have a significant impact on revenue for City's impact fee programs because it would only apply to new ELFs. A review of the City's permit history shows that the City has not permitted a new ELF in a commercial zone over the last ten years. Possibly there is either little demand or other barriers for establishing an ELF in the City. The City would only be losing revenue in the impact fee program if the City thought it would still get an ELF without adopting an exemption program. Staff is aware of an ELF that has applied for permits and a second ELF looking for a site. RECOMMENDATION Staff recommends that the City adopt option 2 above and is looking for input from the Committee. Staff would like to draft ordinances to take to the July 26 Committee of the Whole meeting that reflects the Committee's recommendation, with possible adoption of the Ordinance occurring on August 2. ATTACHMENTS • Substitute House Bill 1331 • Draft Ordinance, Traffic Impact Fees (to be added after Committee meeting). • Draft Ordinance, Park Impact Fees (to be added after Committee meeting). • Draft Ordinance, Fire Impact Fees (to be added after Committee meeting). {EFM2440665.DOC;1/13175.000001/ } CERTIFICATION OF ENROLLMENT SUBSTITUTE HOUSE BILL 1331 67th Legislature 2021 Regular Session Passed by the House February 24, 2021 CERTIFICATE Yeas 73 Nays 25 Speaker of the House of Representatives Passed by the Senate April 5, 2021 Yeas 35 Nays 13 President of the Senate I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1331 as passed by the House of Representatives and the Senate on the dates hereon set forth. Approved FILED Governor of the State of Washington Chief Clerk Secretary of State State of Washington 7 SUBSTITUTE HOUSE BILL 1331 Passed Legislature - 2021 Regular Session State of Washington 67th Legislature 2021 Regular Session By House Local Government (originally sponsored by Representatives Harris -Talley, Senn, Berry, Callan, Fitzgibbon, Wicks, Ortiz -Self, Chopp, Davis, Valdez, Bateman, Eslick, Ormsby, Lovick, Fey, Berg, Rule, Lekanoff, Frame, Duerr, Pollet, Macri, Slatter, and Peterson) READ FIRST TIME 02/12/21. 1 AN ACT Relating to early learning facility impact fees; and 2 amending RCW 82.02.060. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 82.02.060 and 2012 c 200 s 1 are each amended to 5 read as follows: 6 The local ordinance by which impact fees are imposed: 7 (1) Shall include a schedule of impact fees which shall be 8 adopted for each type of development activity that is subject to 9 impact fees, specifying the amount of the impact fee to be imposed 10 for each type of system improvement. The schedule shall be based upon 11 a formula or other method of calculating such impact fees. In 12 determining proportionate share, the formula or other method of 13 calculating impact fees shall incorporate, among other things, the 14 following: 15 (a) The cost of public facilities necessitated by new 16 development; 17 (b) An adjustment to the cost of the public facilities for past 18 or future payments made or reasonably anticipated to be made by new 19 development to pay for particular system improvements in the form of 20 user fees, debt service payments, taxes, or other payments earmarked 21 for or proratable to the particular system improvement; 8 p. 1 SHB 1331.PL (c) The availability of other means of funding public facility improvements; (d) The cost of existing public facilities improvements; and (e) The methods by which public facilities improvements were financed; (2) May provide an exemption for low-income housing, and other development activities development of an early provided that the impact with broad public purposes, including learning facility, from these impact fees, fees for such development activity shall be paid from public funds other than impact fee accounts; (3)(a) May not impose an impact fee on development activities of an early learning facility greater than that imposed on commercial retail or commercial office development activities that generate a similar number, volume, type, and duration of vehicle trips; (b) When a facility or development has more than one use, the limitations in this subsection (3) or the exemption applicable to an early learning facility in subsections (2) and (4) of this section only apply to that portion that is developed as an early learning facility. The impact fee assessed on an early learning facility in such a development or facility may not exceed the least of the impact fees assessed on comparable businesses in the facility or development; 1_4Z May provide an exemption from impact fees for low-income housing or for early learning facilities. Local governments that grant exemptions for facilities under this partial exemption which case there low-income subsection of not more than is no explicit housing or for early learning (((3))) may either: Grant a eighty percent of impact fees, in requirement to pay the exempted portion of the fee from public funds other than impact fee accounts; or provide a full waiver, in which case the remaining percentage of the exempted fee must be paid from public funds other than impact fee accounts((—)), except as provided in (b) of this subsection. These exemptions are subject to the following requirements: (a) An exemption for low-income housing granted under subsection (2) of this section or this subsection (((3))) IA1 must be conditioned upon requiring the developer to record a covenant that, except as provided otherwise by this subsection, prohibits using the property for any purpose other than for low-income housing. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is p. 2 SHB 1331.PL 9 1 converted to a use other than for low-income housing, the property 2 owner must pay the applicable impact fees in effect at the time of 3 conversion((. Covenants required by this subsection must be recorded 4 with thc applicable county auditor or recording officer. A local 5 government granting an cxcmption undcr subsection (2) of this section 6 or this subsection (3) for low income housing may not collect revenue 7 lost through granting an cxcmption by increasing impact fees 8 unrelated to thc exemption. A school district who receives school 9 impact fees must approve any cxcmption undcr subsection (2) of this 10 section or this subsection (3))); 11 (((4))) (b) An exemption for early learning facilities granted 12 under subsection (2) of this section or this subsection (4) may be a 13 full waiver without an explicit requirement to pay the exempted 14 portion of the fee from public funds other than impact fee accounts 15 if the local government requires the developer to record a covenant 16 that requires that at least 25 percent of the children and families 17 using the early learning facility qualify for state subsidized child 18 care, including early childhood education and assistance under 19 chapter 43.216 RCW, and that provides that if the property is 20 converted to a use other than for an early learning facility, the 21 property owner must pay the applicable impact fees in effect at the 22 time of conversion, and that also provides that if at no point during 23 a calendar year does the early learning facility achieve the required 24 percentage of children and families qualified for state subsidized 25 child care using the early learning facility, the property owner must 26 pay 20 percent of the impact fee that would have been imposed on the 27 development had there not been an exemption within 90 days of the 28 local government notifying the property owner of the breach, and any 29 balance remaining thereafter shall be a lien on the property; and 30 (c) Covenants required by (a) and (b) of this subsection must be 31 recorded with the applicable county auditor or recording officer. A 32 local government granting an exemption under subsection (2) of this 33 section or this subsection (4) for low-income housing or an early 34 learning facility may not collect revenue lost through granting an 35 exemption by increasing impact fees unrelated to the exemption. A 36 school district who receives school impact fees must approve any 37 exemption under subsection (2) of this section or this subsection 38 (4) ; 39 (5) Shall provide a credit for the value of any dedication of 40 land for, improvement to, or new construction of any system 10 p. 3 SHB 1331.PL 1 improvements provided by the developer, to facilities that are 2 identified in the capital facilities plan and that are required by 3 the county, city, or town as a condition of approving the development 4 activity; 5 (((5))) (6) Shall allow the county, city, or town imposing the 6 impact fees to adjust the standard impact fee at the time the fee is 7 imposed to consider unusual circumstances in specific cases to ensure 8 that impact fees are imposed fairly; 9 ((-6-})) (7) Shall include a provision for calculating the amount 10 of the fee to be imposed on a particular development that permits 11 consideration of studies and data submitted by the developer to 12 adjust the amount of the fee; 13 (((7))) (8) Shall establish one or more reasonable service areas 14 within which it shall calculate and impose impact fees for various 15 land use categories per unit of development; and 16 ((44*)) (9) May provide for the imposition of an impact fee for 17 system improvement costs previously incurred by a county, city, or 18 town to the extent that new growth and development will be served by 19 the previously constructed improvements provided such fee shall not 20 be imposed to make up for any system improvement deficiencies. 21 For purposes of this section, "low-income housing" means housing 22 with a monthly housing expense, that is no greater than thirty 23 percent of eighty percent of the median family income adjusted for 24 family size, for the county where the project is located, as reported 25 by the United States department of housing and urban development. 26 For the purposes of this section, "early learning facility" has 27 the same meaning as in RCW 43.31.565. --- END --- p. 4 SHB 1331.PL11 12 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Committee of the Whole FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: July 19, 2021 SUBJECT: Impact Fees for Early Learning Facilities (Substitute House Bill 1331) Follow Up to Discussion Items at the July 12 Finance and Governance Committee ISSUE Staff provided Finance and Governance Committee a briefing on Substitute House Bill 1331 and the options to reduce impact fees for Early Learning Facilities. This memo is responding to the questions and comments raised in the meeting. F&G forwarded the item to the full council for discussion. Staff's briefing memo to F&G, dated July 6, 2021, is attached. RESPONSE TO QUESTIONS AND COMMENTS AT FINANCE AND GOVERNANCE Provide Context of Project Affordability at the 80% level. It is difficult to determine if an early learning facility would be financially feasible at either the 80% or 100% level. Staff does believe that charging the full amount (no exemption provided) would significantly impact the ability of early learning facilities to establish in existing commercial buildings since the impact fee would make up a larger percentage of the total project costs. With regards to new construction, the impact fees have less of an impact on a project feasibility since new construction has a much high total cost. Provide Information on other cities impact fees for early childhood learning facilities. The following outlines the square footage rate charged for traffic impact fees for daycares in surrounding cities. Not all surrounding cities have Parks and Fire impact fees. In addition, as indicated in the staff July 6 memo the traffic impact fee is responsible for nearly 95% of the total impact fee due. City Traffic Impact Fee Rates Hypothetical 2,000 square foot development. Notes Tukwila Zone 1: $49.36 per square foot. Zone 1: $98,720 For the hypothetical development not credit is being Zone 2: $54.08 per square foot. Zone 2: $108,160 provided for previous uses on the site nor does in include any Zone 3: $59.44 per square foot. Zone 3: $$118,880 reduction for impact fees by providing a study to the City. The Zone 4: $22.88 per Zone 4: $45,760 fees could be lower 13 14 INFORMATIONAL MEMO Page 2 • Draft Ordinances for 80% and 100% waiver reduction for full Council discussion. While not legally required, the City has historically conducted a public hearing when considering ordinances related to impact fees. Staff has scheduled the public hearing for August 9. Staff would like input from the Council at the July 26 meeting on the amount, if any, of the impact fee exemption for early learning facilities. Staff would present ordinances to the City Council on August 9 for discussion and a public hearing, with final action scheduled to occur on August 16. • Consider using American Rescue Plan Act (ARPA) funds to make the difference for the impact fees required to be paid to the City. The July 6, 2021 memo to F&G outlined several options the City could consider regarding exempting impact fees for early learning facilities. F&G focused discussion on two specific options: (1) The City could choose to exempt up to 80% of the required impact fees for an ELF. If the exemption is no more than 80% there is no requirement for the City to make up the exempt impact fee with General Fund dollars. (2) The City could exempt more than 80% of the impact fee provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. If option 2 is selected, the City would have to make up anything above the 80% reduction. For example, if the impact fees due for an early learning facility were $30,000 the City could waive $24,000 (80%) with no need to make up the lost revenue. However, the remaining $6,000 (20%) would need to be made up from public funds, other than impact fees. The Committee asked if ARPA funds could be used to make up the 20% requirement. It does not appear that this is a permitted use of ARPA funds. The use of ARPA funds is fluid and this could change as the Federal Government clarifies the use of the funds. However, for now this does not appear to be an option. C:lUserslandy-y1AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\lnfo Memo Additional Info DRAFT.doc square foot. Kent $21.66 per square foot outside of downtown $16.03 per square foot inside of downtown. $43,320 outside of downtown. $32,060 inside of downtown. SeaTac $43.294 per square foot. $86,588 Renton $70.39 per square feet. $140,780 Seattle $0.00. $0.00 Seattle does not charge a traffic impact fee. • Draft Ordinances for 80% and 100% waiver reduction for full Council discussion. While not legally required, the City has historically conducted a public hearing when considering ordinances related to impact fees. Staff has scheduled the public hearing for August 9. Staff would like input from the Council at the July 26 meeting on the amount, if any, of the impact fee exemption for early learning facilities. Staff would present ordinances to the City Council on August 9 for discussion and a public hearing, with final action scheduled to occur on August 16. • Consider using American Rescue Plan Act (ARPA) funds to make the difference for the impact fees required to be paid to the City. The July 6, 2021 memo to F&G outlined several options the City could consider regarding exempting impact fees for early learning facilities. F&G focused discussion on two specific options: (1) The City could choose to exempt up to 80% of the required impact fees for an ELF. If the exemption is no more than 80% there is no requirement for the City to make up the exempt impact fee with General Fund dollars. (2) The City could exempt more than 80% of the impact fee provided the City pays the exempted portion of the fee over 80% from public funds other than the impact fee fund, such as the City's General Fund. If option 2 is selected, the City would have to make up anything above the 80% reduction. For example, if the impact fees due for an early learning facility were $30,000 the City could waive $24,000 (80%) with no need to make up the lost revenue. However, the remaining $6,000 (20%) would need to be made up from public funds, other than impact fees. The Committee asked if ARPA funds could be used to make up the 20% requirement. It does not appear that this is a permitted use of ARPA funds. The use of ARPA funds is fluid and this could change as the Federal Government clarifies the use of the funds. However, for now this does not appear to be an option. C:lUserslandy-y1AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\lnfo Memo Additional Info DRAFT.doc INFORMATIONAL MEMO Page 3 If the Council desires to do the full 100% exemption staff suggests that the City tracks the exemptions and makes a transfer into the impact fee funds at part of the annual budget process. For 2021 and 2022 since this is unbudgeted the City would have to do a budget amendment. C:lUserslandy-y1AppDatalLocal\Microsoft\Windows\INetCache\Content.Outlook\R1NYNLZP\lnfo Memo Additional Info DRAFT.doc 15 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2571 §6, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16.26.030, AND ORDINANCE NO. 2571 §15, AS CODIFIED AT TMC SECTION 16.26.120, TO ADD AN EXEMPTION TO FIRE IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2571 on May 7, 2018, regarding the imposition of Fire Impact Fees within the City; and WHEREAS, the Washington State Legislature passed Substitute House Bill 1331 related to the application of impact fees on early learning facilities within the State of Washington; and WHEREAS, early learning facilities provide broad public service to the Tukwila community by providing childcare for Tukwila community members; and WHEREAS, on August 9, 2021, following adequate public notice, the Tukwila City Council held a public hearing to receive public testimony on this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.26.030 Amended. Ordinance No. 2571 §6, as codified at Tukwila Municipal Code (TMC) Section 16.26.030, is hereby amended to read as follows: 16.26.030 Definitions Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 1 of 5 17 1. "Accessory residential structure" means a structure that is incidental and subordinate to the principal residence on the property and is physically detached to the principal residence, but does not include accessory dwelling units. For example, a detached garage or storage shed for garden tools are considered accessory residential structures. 2. "Accessory dwelling unit (ADU)" means a dwelling unit that is within or attached to a single-family dwelling or in a detached building on the same lot as the primary single-family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. 3. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 4. "City" means the City of Tukwila, Washington, County of King. 5. "Development activity" means any construction, reconstruction, or expansion of a building, structure, or use, or any changes in use of a building or structure, or any changes in the use of land, requiring development approval. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as now enacted or hereafter amended. 78. "Encumber" means to reserve, set aside, or earmark the fire impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of fire protective services. 89. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional fire capital facilities. 910. "Fire protection facilities" means all publicly owned apparatus and buildings within the City that are used for fire protection and/or emergency response and aid. 4-911. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the fire facilities needed to serve growth and development that is a proportionate share of the cost of fire capital facilities used for facilities that reasonably benefit development. Impact fees do not include reasonable permit fees, application fees, administrative fees for collecting and handling fire impact fees, or the cost of reviewing independent fee calculations. CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 18 Page 2 of 5 X12. "Low-income housing" means housing where monthly costs, including utilities other than telephone, are no greater than 30% of the resident's household monthly income and where household monthly income is 80% or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 1213. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 1314. "Proportionate share" means that portion of the cost for fire facility improvements that are reasonably related to the service demands and needs of development. Section 2. TMC Section 16.26.120 Amended. Ordinance No. 2571 §15, as codified at TMC Section 16.26.120, is hereby amended to read as follows: 16.26.120 Exemptions. A. The fire impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information contained in the adopted fire department master plan and related documents, as appended to the City's Comprehensive Plan. All development activity located within the City shall be charged a fire impact fee; provided, that the following exemptions shall apply. B. The following shall be exempt from fire impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for fire services. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Fire impact fees for the construction of low-income housing may be reduced when requested by the property owner in writing prior to permit submittal and subject to the following: a. The property owner must submit a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; and CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 3 of 5 19 b. The property owner must record a covenant per RCW 82.02.060(3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. c. Should the property owner satisfy the criteria in TMC Section 16.26.120.6.6., a and b, the fees will be reduced, based on the following table: Unit Size Affordability Target 1 Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50% 2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a fire impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21 C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. A fee payer installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee. The exempted fire operations impact fee shall not include the proportionate share related to the delivery of emergency medical services. 10. An Early Learning Facility is exempt from paying 80 percent of the required Fire Impact Fee. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 20 Page 4 of 5 Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC: Legislative Development\Fire Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 5 of 5 21 22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2572 §6, AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 16.28.030, AND ORDINANCE NO. 2572 §15, AS CODIFIED AT TMC SECTION 16.28.120, TO ADD AN EXEMPTION TO PARKS IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2572 on May 7, 2018, regarding the imposition of Parks Impact Fees within the City; and WHEREAS, the Washington State Legislature passed Substitute House Bill 1331 related to the application of impact fees on early learning facilities within the State of Washington; and WHEREAS, early learning facilities provide broad public service to the Tukwila community by providing childcare for Tukwila community members; and WHEREAS, on August 9, 2021, following adequate public notice, the Tukwila City Council held a public hearing to receive public testimony on this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 16.28.030 Amended. Ordinance No. 2572 §6, as codified at Tukwila Municipal Code (TMC) Section 16.28.030, is hereby amended to read as follows: 16.28.030 Definitions Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. For the purposes of this ordinance, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the following meanings: CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 1 of 5 23 1. "Accessory residential structure" means a structure that is incidental and subordinate to the principal residence on the property and is physically detached to the principal residence, but does not include accessory dwelling units. For example, a detached garage or storage shed for garden tools are considered accessory residential structures. 2. "Accessory dwelling unit (ADU)" means a dwelling unit that is within or attached to a single-family dwelling or in a detached building on the same lot as the primary single-family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. 3. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 4. "City" means the City of Tukwila, Washington, County of King. 5. "Development activity" means any construction, reconstruction, or expansion of a building, structure, or use, or any changes in use of a building or structure, or any changes in the use of land, requiring development approval. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as now enacted or hereafter amended. 78. "Encumber" means to reserve, set aside, or earmark the parks impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of parks services. 89. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity that requires a building permit and creates a demand for additional parks capital facilities. 910. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this ordinance as a condition of granting development approval in order to pay for the parks facilities needed to serve growth and development that is a proportionate share of the cost of parks capital facilities used for facilities that reasonably benefit development. Impact fees do not include reasonable permit fees, application fees, administrative fees for collecting and handling parks impact fees, or the cost of reviewing independent fee calculations. 1011. "Low-income housing" means housing where monthly costs, including utilities other than telephone, are no greater than 30% of the resident's household monthly income and where household monthly income is 80% or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 24 Page 2 of 5 412. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. 1213. "Parks facilities" means those capital facilities identified as park and recreational facilities in the City's Capital Facilities Plan. ."Proportionate share" means that portion of the cost for parks facility improvements that are reasonably related to the service demands and needs of development. Section 2. TMC Section 16.28.120 Amended. Ordinance No. 2572 §15, as codified at TMC Section 16.28.120, is hereby amended to read as follows: 16.28.120 Exemptions A. The parks impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information contained in the adopted parks master plan and related documents, as appended to the City's Comprehensive Plan. All development activity located within the City shall be charged a parks impact fee; provided, that the following exemptions shall apply. B. The following shall be exempt from parks impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools, and signs that do not create an increase in demand for parks services. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Parks impact fees for the construction of low-income housing may be reduced when requested by the property owner in writing prior to permit submittal and subject to the following: a. The property owner must submit a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; and b. The property owner must record a covenant per RCW 82.02.060(3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low income housing within 10 years, CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 3 of 5 25 the property owner must pay the City the applicable impact fees in effect at the time of conversion. c. Should the property owner satisfy the criteria in TMC Section 16.28.120.B.6., a and b, the fees will be reduced, based on the following table: Unit Size Affordability Target 1 Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50% 2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a parks impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. An Early Learning Facility is exempt from paying 80 percent of the required Parks Impact Fee. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 26 Page 4 of 5 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney CC: Legislative Development\Parks Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 5 of 5 27 28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2521 §1, 2305 §1, AND 2111 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTION 9.48.020, AND ORDINANCE NOS. 2622 §4 AND 2521 §2, AS CODIFIED AT TMC SECTION 9.48.125, TO ADD AN EXEMPTION TO TRANSPORTATION IMPACT FEES FOR EARLY LEARNING FACILITIES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council adopted Ordinance No. 2111 on December 5, 2005, regarding the imposition of Transportation Impact Fees within the City; and WHEREAS, the Washington State Legislature passed Substitute House Bill 1331 related to the application of impact fees on early learning facilities within the State of Washington; and WHEREAS, early learning facilities provide broad public service to the Tukwila community by providing childcare for Tukwila community members; and WHEREAS, on August 9, 2021, following adequate public notice, the Tukwila City Council held a public hearing to receive public testimony on this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC Section 9.48.020 Amended. Ordinance Nos. 2521 §1, 2305 §1, and 2111 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 9.48.020, are hereby amended to read as follows: 9.48.020 Definitions The words and terms contained in this chapter shall have the following meanings for the purposes of this chapter, unless the context clearly requires otherwise. Terms or words not defined herein shall be defined pursuant to RCW 82.02.090 when given their usual and customary meaning. CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 1 of 4 29 1. The "Act" means the Growth Management Act, Chapter 17, Laws of 1990, First Extraordinary Session, Chapter 36.70A RCW et seq., and Chapter 32, Laws of 1991, First Special Session, as now in existence or hereinafter amended. 2. "Building permit" means an official document or certification of the City of Tukwila issued by the City's building official which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, placement, demolition, moving, or repair of a building or structure. 3. "City" means the City of Tukwila, Washington. 4. "Development" means the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit. 5. "Development activity" means any construction of a building or structure that creates additional demand and need for transportation facilities. 6. "Development approval" means any written authorization from the City, which authorizes the commencement of the "development activity." 7. "Early Learning Facility" is defined consistent with RCW 43.31.565(3) as now enacted or hereafter amended. 78. "Fee payer" is a person, corporation, partnership, an incorporated association or governmental agency, municipality, or similar entity commencing a land development activity, which requires a building permit and creates a demand for additional facilities. 89. "Impact fee" means the payment of money imposed by the City on development activity pursuant to this chapter as a condition of granting development approval, in order to pay for the transportation facilities needed to serve new growth and development that is a proportionate share of the cost of the capital facilities that is used for facilities that reasonably benefit new development. Impact fees are independent of a permit fee, an application fee, a concurrency test fee, and the administrative fee for collecting and handling impact fees or cost of reviewing independent fee calculations. 910. "Letter encumbered" means to reserve, set aside, or earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for the provision of transportation facilities. 1-011. "Low-income housing" means housing where monthly costs, including utilities other than telephone, do not exceed 30% of the resident's household monthly income and where household monthly income must be 80 percent or less of the King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. 1-1-12. "Owner" means the owner of record of real property, as found in the records of King County, Washington, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the property. CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 30 Page 2 of 4 1213. "Proportionate fair share" means that portion of the cost for transportation facility improvements that are reasonably related to the service demands and needs of new development. Section 2. TMC Section 9.48.125 Amended. Ordinance Nos. 2622 §4 and 2521 §2, as codified at TMC Section 9.48.125, are hereby amended to read as follows: 9.48.125 Exemptions A. The impact fees are generated from the formula for calculating the fees as set forth in this chapter. The amount of the impact fees is determined by the information depicted on Figure 9-1 herein. All development activity located within the City shall be charged a transportation impact fee, provided that the following exemptions shall apply. B. The following shall be exempt from transportation impact fees: 1. Replacement of a structure with a new structure having the same use, at the same site, and with the same gross floor area, when such replacement is within 12 months of demolition or destruction of the previous structure. 2. Alteration, expansion, or remodeling of an existing dwelling or structure where no new units are created and the use is not changed. 3. Construction of an accessory residential structure. 4. Miscellaneous improvements including, but not limited to, fences, walls, swimming pools and signs that do not impact the transportation system. 5. Demolition of or moving an existing structure within the City from one site to another. 6. Transportation impact fees for the construction of low-income housing may be reduced at the discretion of the Public Works Director when requested by the property owner in writing prior to permit submittal and subject to the following criteria: a. Submittal of a fiscal impact analysis of how a reduction in impact fees for the project would contribute to the creation of low-income housing; b. Fee reduction table. Unit Size Affordability Target 1 Fee Reduction 2 or more bedrooms 80% 2 40% 2 or more bedrooms 60% 2 60% Any size 50% 2 80% 1 — Units to be sold or rented to a person or household whose monthly housing costs, including utilities other than telephone, do not exceed 30% of the household's monthly income. 2 — Percentage of King County Median family income adjusted for family size as reported by the U.S. Department of Housing and Urban Development. CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs Page 3 of 4 31 c. The developer must record a covenant per RCW 82.02.060 (3) that prohibits using the property for any purpose other than for low-income housing at the original income limits for a period of at least 10 years. At a minimum, the covenant must address price restrictions and household income limits for the low-income housing, and that if the property is converted to a use other than low-income housing within 10 years, the property owner must pay the City the applicable impact fees in effect at the time of conversion. 7. Change of Use. A development permit for a change of use that has less impact than the existing use shall not be assessed a transportation impact fee. 8. A fee payer required to pay for system improvements pursuant to RCW 43.21 C.060 shall not be required to pay an impact fee for the same improvements under this ordinance. 9. An Early Learning Facility is exempt from paying 80 percent of the required Transportation Impact Fee. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC:\Legislative Development\Transportation Impact Fees—Early Learning Facility exemption 7-29-21 BM:bjs 32 Page 4 of 4 City of Tukwila City Council Finance & Governance Committee Meeting Minutes July 12, 2021 - 5:30 p.m. - Electronic Meeting due to COVID-19 Emergency Councilmembers Present: Staff Present: Zak Idan, Chair; Kathy Hougardy, Cynthia Delostrinos Johnson Tony Cullerton, Brandon Miles, Derek Speck, Vicky Carlsen, Laurel Humphrey Chair Idan called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Early Learning Facilities Impact Fee Waivers Staff is seeking Committee direction on implementation of Substitute House Bill 1331 which provides impact fee relief options for Early Learning Facilities. Item(s) for follow-up: • Provide context around project affordability at 80% waiver. • Provide information on other cities' impact fees for Early Learning Facilities. • Draft ordinance reflecting both 80% and 100% waiver options for full Council discussion. • Consider use of ARPA funds to make up the difference. Committee Recommendation Forward draft legislation with options to July 26, 2021 Committee of the Whole. B. Councilmember Onboarding Committee members and staff discussed materials and process for onboarding new Councilmembers. Additional suggestions included providing updates on the Equity Policy Implementation Committee, more information about regional associations from those Councilmembers involved, and standardizing the information shared by Department Directors. Committee Recommendation Discussion only. C. 2021 Committee Work Plan Committee members and staff discussed the status of work plan items for the year. Chair Idan noted the importance of reflecting all the work done in committee. Committee Recommendation. Discussion only. 33