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Home My WebLink AboutOrd 2676 - TMC Title 8 "Public Peace, Morals and Safety" - Amend Language on Public Notice Requirements for Residential PartiesWashington Cover page to Ordinance 2676 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 8, "PUBLIC PEACE, MORALS AND SAFETY," AND ORDINANCE NO. 2293 §13, AS CODIFIED AT TMC SECTION 8.22.120.8, TO AMEND LANGUAGE ON PUBLIC NOTICE REQUIREMENTS FOR RESIDENTIAL PARTIES; REPEALING ORDINANCE NO. 2370, AS CODIFIED AT TMC SECTION 8.22.120.B; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2676 was amended or repealed by the following ordinances. AMENDED Amended by Ord # 1 2738 REPEALED Section(s) Repealed Ord Washington Ordinance No. 2- 6 7 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 8, "PUBLIC PEACE, MORALS AND SAFETY," AND ORDINANCE NO. 2293 §13, AS CODIFIED AT TMC SECTION 8.22.120.B, TO AMEND LANGUAGE ON PUBLIC NOTICE REQUIREMENTS FOR RESIDENTIAL PARTIES; REPEALING ORDINANCE NO. 2370, AS CODIFIED AT TMC SECTION 8.22.120.B; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, references to "Residential Party" need to be clarified so that all loud events within residential areas are subject to noise variance regulations; and WHERAS, the City desires to clarify that public notice is required for Type 1 noise variances; and WHEREAS, on May 26, 2022, Tukwila Planning Commission, following adequate public notice, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code and at that meeting adopted a motion recommending the proposed changes; and WHEREAS, on July 21, 2022, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on the proposed amendments; and WHEREAS, on August 8, 2022, the Tukwila City Council, following adequate public notice, held a public hearing to receive testimony concerning the recommendations of the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Ordinance No. 2293 §13, as codified at Tukwila Municipal Code (TMC) Section 8.22.120, "Variances," subparagraph B, is hereby amended to read as follows: CC:\Legislative Development\Public Peace chgs-Title 8 8-9-22 MB:bjs Review and analysis by Barbara Saxton Page 1 of 3 Section 8.22.120 Variances B. Application types are based on the number of days/nights the sound source will exceed the maximum permissible sound levels as shown in the following table: Number of days/nights maximum permissible sound level may be exceeded within a 12-month period Variance Permit Type Notice of Application Requirements Public Hearing Requirements 30 days or Tess Type 1 Administrative Variance No notice (2,3) No Hearing 31-60 days Type 2 Administrative Variance Mailed notice (1.2) No Hearing More than 60 days Type 3 Variance Mailed notice (1,2) Public Hearing (1) Mailed notice shall be provided per TMC Section 18.104.120 with the exception that tenants that are not affected tenants per TMC Section 8.22.020 are not required to be sent notice. (2) The administrator shall have the discretion in unusual circumstances (i.e., unusual type or intensity of noise or length of request) to require (additional) public notification procedures, such as causing notice to be published on the City's website, mailed notice provided to a wider geographic area, and/or notice posted at the site. (3) In the case of residential parties or other noise generating events within a residential area and prior to granting any variance, the applicant shall provide written notice to all residents and businesses within 500 feet of where the party or project is being held. When the 500 foot radius includes multi -family complexes, all residents of the complex shall be notified. Written notice shall be provided between 10 and 30 days of the onset of activity and shall enumerate the anticipated party hours or work schedule for the length of the project. An affidavit of distribution shall be provided to the City. Section 2. Repealer. Ordinance No. 2370 §1, as codified at TMC Section 8.22.120, "Variances," subparagraph B, is hereby repealed in its entirety. Section 3. Corrections by City Clerk or Code Reviser Authorized. 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\Public Peace chgs-Title 8 8-9-22 MB:bjs Review and analysis by Barbara Saxton Page 2 of 3 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 /541A day of /11171/1q" , 2022. ATTEST/AUTHENTICATED: 0,,Iprod SeamleseDoce.com CirAt:( ey C,C?Cc2/te/c. 1.,1201039a30303.......,70(1,re.,1 Chnsty, O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Kop 5.72uaaaaadr3cbaca7onadocco4bm Office of the City Attorney Allan Ekberg, M y Filed with the City Clerk: 5 Passed by the City Council: t-I5-7-2- Published: Effective Date: 6 -23 -77"-- Ordinance Number: 2 7 6 CC:legislative Development\ Public Peace chgs-Title 8 8-9-22 MB:bjs Review and analysis by Barbara Saxton Page 3 of 3 City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2676-2679. On August 15, 2022 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 2676: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 8, "PUBLIC PEACE, MORALS AND SAFETY," AND ORDINANCE NO. 2293 §13, AS CODIFIED AT TMC SECTION 8.22.120.B, TO AMEND LANGUAGE ON PUBLIC NOTICE REQUIREMENTS FOR RESIDENTIAL PARTIES; REPEALING ORDINANCE NO. 2370 §13, AS CODIFIED AT TMC SECTION 8.22.120.B; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2677: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 17, "SUBDIVISIONS AND PLATS," INCLUDING ORDINANCE NOS. 2649 §2 AND 1833 §1 (PART), AS CODIFIED AT TMC SECTION 17.08.030, "PRELIMINARY APPROVAL," TO ADD CLARIFYING LANGUAGE REGARDING ZONING REQUIREMENTS FOR BOUNDARY LINE ADJUSTMENTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2678: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) TITLE 18, "ZONING," AS DELINEATED HEREIN, TO INCORPORATE A VARIETY OF HOUSEKEEPING CODE AMENDMENTS INCLUDING DEFINITIONS (TMC 18.06), AND REGULATIONS RELATED TO: NON- RESIDENTIAL DEVELOPMENT (TMC 18.41), SHORELINE CONDITIONAL USE PERMITS (TMC 18.44), SINGLE-FAMILY DWELLING DESIGN STANDARDS AND EXCEPTIONS (TMC 18.50), LANDSCAPING REQUIREMENTS (TMC 18.52), TREE EXCEPTION PERMITS AND PROCEDURES (TMC 18.54), NONCONFORMING STRUCTURES (TMC 18.70), AND CLASSIFICATION OF PROJECT PERMIT APPLICATIONS (TMC 18.104); AS WELL AS REVISIONS TO THE BASIC DEVELOPMENT STANDARDS IN VARIOUS SECTIONS OF THE TMC AS DETAILED HEREIN; AND AN UPDATE TO TABLE 18-6, "LAND USES ALLOWED BY DISTRICT;" PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2679: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING TUKWILA MUNICIPAL CODE (TMC) TITLE 19, "SIGN AND VISUAL COMMUNICATION CODE," INCLUDING ORDINANCE NOS. 2375 §6 AND 2303 §5 (PART), AS CODIFIED AT TMC SECTION 19.20.030.B.7; ORDINANCE NOS. 2375 §7 AND 2303 §5 (PART), AS CODIFIED AT TMC SECTION 19.20.040; AND ORDINANCE NO. 2375 §10, AS CODIFIED AT TMC SECTION 19.32.075, TO AMEND LANGUAGE REGARDING CHANGES TO SIGN COPY AND TO CLARIFY LANGUAGE ON FREESTANDING AND MONUMENT SIGN REGULATIONS; ADDING A NEW DEFINITION FOR "MURAL," 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: August 18, 2022 Barbara Saxton From: KahSand Sent VVednesday, August 17,2022 10:56,4K4 To: Barbara Saxton; Maxwell Baker Cc: Nora Gier|oftChristy D'F|aherty;Andy Youn Subject: Re: Potential scrivener'serror'-Ord.No. 2676 Good morning, Barbara and all -- I agree that the reference to §13 in the title is a scrivener's error and should be corrected as such. The reference to §1 of Ordinance No. 2370 in Section 2, is not a scrivener's error because it is not an error and insteadoorrectyreference3that6Iof{JrdinanceNo.397Oxvasood|fied(note:theotherstand3rdsecUonsVf Ordinance No. 2370--corrections authorized, severability, and effective date --were not codified at TIVIC Section 8.22.120) and further clearly and correctly states that the Ordinance No. 2370 is "hereby repealed in its entirety," and is therefore acceptable (''okaytostay "asyoU note below). Thanks for the eagle eyes and follow-up — much appreciated! Have a great day, Kari Kari L. Sand I Attorney Ogden Murphy Wallace, PLLC 901 Avenue, Suite 3SOO|Seattle, VVA98l64 Direct:2OO/447.225O | Fax: 206.447J0315 k5and@onlxvlavv.conn | Notice:Bmails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56 From: Barbara Saxton <Rarbaca.5axton@7ukxv|o Sent: Wednesday, August 17,Z0Z2lCLZZA&4 To: KariSand <Kari.Sand@Tukvvi|aVVA.gov>; Maxwell Baker <Max.Baker@Tukvvi|aVVA.gnv> Cc: Nora Giedoff<Nora.Giedoff@Tukvvi|aVVA.gov>;Christy D'F[aherty«Chhsty.OFla herty@TVkxvi|aVVA.8ov»;Andy Youn <Andy.Youn@Tukwi|aVVA.guv> Subject. Potential scrivener'serror—Ord. No.3676 Ana noticed a discrepancy in one of Max's ordinances from the 8/15/22 meeting: Ond1Vo`Z676,Title 8,"Public Peace, Morals and Safety," as follows: The issue iswith the repealer statements. The correct ordinance (No.237[)islisted. However, inthe title | put §1Iin error. We really want to repeal the entire ordinance, which only has one section —plus the three standard sections (Corrections Authorized, Severability, Effective Date). In Section 2, the Repealer paragraph, the correct ordinance is again listed (No. 2370), and the language says we want to repeal the ordinance in its entirety. The §1 here is probably OK to stay, or it would be preferable to remove as it is unnecessary (repealing entire ordinance). Please advise if the above can be corrected as scrivener's errors. Thank you! AN- ORDINANCE- OF• THE• CITY• COUNCIL- OF- THE CITY- OF- TUKWILA,-WASHINGTON,-AMENDING- TUKWILA- MUNICIPAL CODE (TMC)- TITLE- 8,- "PUBLIC- PEACE,- MORALS- AND- SAFETY,"-AND-ORDINANCE-NO.-2293-§13,-AS-CODIFIED-AT- TMC-SECTION-8.22.120.B,-TO-AMEND-LANGUAGEON PUBLIC NOTICE REQUIREMENTS • FOR RESIDENTIAL- PARTIES-,- REPEALING-ORDINANCE-NO.-2370-§13,-AS-CODIFIED-AT-TMC- SECTION- 8.22.120.B;• PROVIDING FOR SEVERABILITY;-AND- ES TABLISHING-AN-EFFECTIVE-DATE.-1 Section-2.-- r.-Ordinance-No.-2370-§1,-as-codified-at-TMC-Section-8.22.120,- Variances:'-subpara raph-13,-is-hereby-repealed-inits-entiretyli Below is a link to Ordinance No. 2676: Ord 2676 - TMC Title 8 "Public Peace, Morals and Safety" Amendment - Laserfiche WebLink (tukwilawa.gov) Barbara Sa.xton City Clerk's Office City of Tukwila The City of opportunity, the community of choice. 2