HomeMy WebLinkAboutPCD 2023-07-17 Item 1A - Discussion - State Environmental Policy Act (SEPA) UpdatesCity of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development
FROM: Nora Gierloff, DCD Director
CC: Mayor Ekberg
DATE: July 17, 2023
SUBJECT: SEPA Ordinance Thresholds Update
ISSUE
Staff is proposing code changes to streamline and update permit processes related to SEPA
environmental determinations.
BACKGROUND
This is one of a series of steps DCD has taken or proposed over the past several years to
streamline permit processes including code updates, instituting procedural improvements,
updating handouts and online information, and user-friendly website updates. Staff was
encouraged to move forward with increases to SEPA thresholds when they were proposed to
the PCD Committee about a year ago, see Attachment A. Unlike standard updates to our codes,
changes to these thresholds require sixty days' notice to affected tribes, agencies with
expertise, affected jurisdictions, the department of ecology, and the public. Staff will return with
the changes in full ordinance format after the notice period.
DISCUSSION
Staff is proposing code streamlining to reduce staff effort, reduce permit review times, and cut
down on paperwork, see Attachment B. It is likely that these changes will not affect the
substantive outcomes of the permit review but instead provide a faster and more predictable
experience for our applicants.
SEPA Flexible Thresholds
The State Environmental Policy Act (SEPA) process identifies and analyzes environmental
impacts associated with governmental decisions. These decisions may be related to issuing
permits for private projects, constructing public facilities, or adopting regulations, policies, and
plans. SEPA can be used to modify or deny a proposal to avoid, reduce, or compensate for
probable impacts.
If SEPA environmental review is required it starts with the applicant filling out a standard
checklist that asks about the proposal's potential impacts in a variety of areas including earth,
water, air, plants, animals, energy, housing, transportation, public services, and utilities. The
City uses the checklist to determine whether a proposal's impacts are likely to be significant and
this is called a threshold determination. When a checklist is required it can trigger additional
notice mailings, waiting periods, and appeal opportunities resulting in a longer and more
uncertain permit process.
Certain types of proposals are automatically exempt from the threshold determination because
they are a size or type unlikely to cause a significant adverse environmental impact. Examples
include minor new construction of residential, commercial or storage structures and minor road
and street improvements.
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INFORMATIONAL MEMO
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In the past the City has used its local authority to raise the size of projects that require SEPA
review so that more applications are exempt. State law now allows us to raise these sizes even
higher if we can document that we have existing regulations in place to provide adequate
environmental protection, such as critical areas, concurrency, traffic mitigation, and design
standards, see Attachment D. We very rarely need to use our SEPA authority to condition
projects because our regulations give us the tools we need to address impacts. Therefore, staff
proposes to use the process at WAC 197-11-800 1 (c) to raise thresholds and target SEPA
reviews to larger, more impactful projects.
Project Type
Tukwila's
Thresholds
Proposed
Thresholds
Maximum
Thresholds
Single Family
9
30
30
Single Family less than 1,500
SF
9
30
100
Multi Family
9
200
200
Agricultural Buildings
10,000 square feet
40,000 square feet
40,000 square feet
Office, School, Commercial or
Storage Buildings
10,000 square feet
30,000 square feet
30,000 square feet
Parking Lots
40 spaces
90 spaces
90 spaces
Landfill and Excavations
500 cubic yards
1,000 cubic yards
1,000 cubic yards
The elimination of SEPA review for projects beneath the new thresholds should have minimal or
no impact to public review and commenting opportunities, see Attachment C. Most of the
projects that fall between the existing and proposed levels are either already exempt from
noticing or subject to noticing anyway because they trigger land use approvals with independent
notice requirements, such as design review.
Manufacturing Industrial Center Planned Action Repeal
In 1991 the Tukwila partnered with Boeing to evaluate a proposed ten-year master plan for the
redevelopment of the Duwamish Corridor area in a programmatic Environmental Impact
Statement (EIS). Boeing and Tukwila agreed to a set of mitigation measures for transportation,
stormwater, and shoreline access impacts likely to result from full buildout of the proposal. The
process resulted in a mitigation agreement signed by both parties in 1993. The term of that
agreement ended in 2003, though it does provide that "changing business conditions may result
in a longer or shorter time period for project completion."
The adoption of a new Comprehensive Plan in 1995 included a Manufacturing Industrial Center
(MIC) subarea in the Duwamish Corridor. In 1998 the City conducted an Integrated GMA
Implementation Plan and Final EIS for the MIC. This Planned Action was adopted into Tukwila's
SEPA Ordinance, exempting projects that fell within the envelope of development from further
SEPA review.
The planned action was intended to be in place for 10 years. At the end of that time we allowed
the SEPA exemption to continue as the trip threshold had not been exceeded. Jack Pace and I
reached out to Boeing multiple times beginning in 2011 to encourage them to update the
analysis and extend the planned action but that has not taken place. It is now 25 years after the
original studies and they are no longer a valid basis for the SEPA exemption. Therefore, staff is
suggesting that TMC 21.04.152 and TMC 21.04.154 be deleted from the code. However,
Boeing will be able to take advantage of the higher flexible thresholds proposed in this
ordinance.
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/SEPA Thresholds Update/SEPA Thresholds Info Memo.docx
INFORMATIONAL MEMO
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Tukwila Urban Center SEPA Exemption Repeal
Tukwila received a federal grant to develop the Southcenter Subarea Plan, and as part of that
work conducted a Supplemental Environmental Impact Statement (SEIS). The City was able to
use that environmental analysis as a basis to take advantage of a time-limited SEPA exemption
rule and adopted those regulations in 2016. That has allowed projects that meet the
development standards of TMC 18.28 to be exempt from an individual SEPA determination. Our
ability to use that provision expired as of April 4, 2023. Therefore, staff is suggesting that TMC
21.04.164 be deleted from the code.
FINANCIAL IMPACT
Reducing the number of applications subject to SEPA would reduce permit revenue, though we
do not recover the full cost of staff time through the application fee. It would result in a modest
reduction to staff workload and provide process streamlining for our applicants.
RECOMMENDATION
Review and respond to the proposed redlined code changes. Due to required 60 -day public
notice provisions Staff will return to PCD with a draft ordinance on September 18, 2023. Council
is being asked to consider this item and hold a public hearing at the September 25, 2023
Committee of the Whole meeting and adopt the ordinance at the subsequent October 2, 2023
Regular Meeting.
ATTACHMENTS
A. 6-21-22 PCD Minutes
B. Redlined Changes to TMC 21.04
C. Analysis of Public Comment Impacts of Raised SEPA Thresholds
D. Environmental Regulations Technical Memo
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/SEPA Thresholds Update/SEPA Thresholds Info Memo.docx
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Meeting Minutes
City of Tukwila
City Council Planning & Community Development Committee
June 21, 2022 - 5:30 p.m. - Hybrid Meeting; Council Chamber & MS Teams
CouncilmembersPresent: Cynthia Delostrinos Johnson, Chair; De'Sean Quinn
Staff Present.• David Cline, Rachel Bianchi, Nora Gierloff, Nancy Eklund
Guests: Josh Castle, Bradford Gerber, George Scarola, Low Income Housing
Institute.
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m. and asked guests and public
attendees to introduce themselves.
BUSINESS AGENDA
A. Tiny House Village Memoranda of Agreement
Staff provided a status update and draft Memoranda of Agreement for each of the two tiny
house village sites planned for Tukwila, one at 14925 Interurban Avenue South and one at
3118 S. 140th Street. Audience members were invited to provide brief public comment.
Committee Recommendation
Forward to June 27, 2022 Committee of the Whole.
B. Development Code Streamlining
Staff provided an overview of proposed code changes to streamline permit process related to
SEPA environmental determinations, design review, and Zoning Code amendments.
Committee members were supportive of the proposals. Staff will prepare an ordinance
relating to zoning code amendments as the next step.
Item(s) requiring follow-up:
Consider language emphasizing Council's priority of customer service with regard to
permitting matters.
Committee Recommendation
Discussion only. Return to Committee.
11. MISCELLANEOUS
The meeting adjourned at 6.:39 p.m.
CDJ Committee Chair Approval
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Attachment B
Proposed Redlined Changes to TMC 21.04 State Environmental Policy Act
21.04.040 Definitions - Additional
In addition to those definitions contained within WAC 197-11- 700 through 799, when used in this
chapter the following terms shall have the following meanings, unless the content indicates otherwise:
1. "Department" means any division, subdivision or organizational unit of the City established by
ordinance, rule or order.
2. "Early notice" means the City's response to an applicant stating whether it considers issuance of the
Determination of Significance likely for the applicant's proposal.
3. "Environmentally sensitive critical area": see TMC 21.04.300 and TMC 18.45.
4. "Notice of action" means the notice (as specified in RCW 43.21C.080) of the time for commencing an
appeal of a SEPA determination that the City or the applicant may give following final City action upon an
application for a permit or approval when the permit or approval does not have a time period set by
statute or ordinance for commencing an appeal.
5. "SEPA Rules" means WAC Chapter 197-11 adopted by the Department of Ecology.
(Ord. 1770 §81, 1996; Ord. 1599 §7(1), 1991; Ord. 1344 §1, 1985; Ord. 1331 §3, 1984)
21.04.050 Designation of responsible official
A. For those proposals for which the City is a lead agency, the responsible official shall be the Community
Development Planning Director or such other person as the Mayor may designate in writing.
B. For all proposals for which the City is a lead agency, the responsible official shall make the threshold
determination, supervise scoping and preparation of any required Environmental Impact Statement
(EIS), and perform any other functions assigned to the lead agency or responsible official by those
sections of the SEPA Rules that have been adopted by reference.
(Ord. 1344 §2, 1985; Ord. 1331 §4, 1984)
21.04.110 Categorical exemptions - Flexible thresholds for Minor New Construction
A. The City establishes the following exempt levels for minor new construction as allowed under WAC
197-11-800(1)(c) and (d), based upon local conditions:
1. For single-family residential projects, up to thirty (30) dwelling units;
2. For multifamily residential projects, up to two hundred (200) dwelling units;
3. For agricultural structures, up to forty thousand (40,000) square feet;
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4. For office, school, commercial, recreational, service or storage buildings, up to thirty thousand
(30,000) square feet;
5. For parking facilities, up to ninety (90) parking spaces;
6. For fills or excavations, up to one thousand (1,000) cubic yards. All fill or excavation, of any
quantity, necessary for an exempt project in subsections 1 through 4 of this section shall be
exempt.
B. The exemptions in this subsection apply except when the project:
1. Is undertaken wholly or partly on lands covered by water
2. Requires a license governing discharges to water that is not exempt under RCW 43.21C.0383
3. Requires a license governing emissions to air that is not exempt under RCW 43.21C.0381 or
WAC 197-11-800 (7) or (8); or
4. Requires a land use decision that is not exempt under WAC 197-11-800(6).
C. Whenever the city establishes new exempt levels under this section, it shall send them to the
Department of Ecology, Headquarters Office, Olympia, Washington, 98504 under WAC 197-11-
800(1)(c).
A. The City establishes the following exempt levels for minor new construction based on local conditions:
1. For residential dwelling units in WAC 197 11 800 (1)(b)(i) and WAC 197 11 800(1)(b)(ii) up to nine
dwelling units.
2. For agricultural structures in WAC 197 11 800 (1)(b)(iii) up to 10,000 square fcct.
3. For office, school, commercial, recreational, service or storage buildings in WAC 197 11 800 (1)(b)(iv),
up to 12,000 square fcct, and up to 40 parking spaces.
4. For parking lots in WAC 197 11 800 (1)(b)(iv), up to 40 parking spaces.
5. For landfills and excavations in WAC 197 11 800 (1)(b)(v), up to 500 cubic yards.
B. The responsible official shall send copies of all adopted flexible thresholds to the Department of
Ecology, h adquarters office, Olympia, Washington.
{Ord. 2502 §1, 2016; Ord. 2173 §1, 2007; Ord. 1344 §6, 1985; Ord. 1331 §11, 1984}
21.04.140 Threshold determinations - Environmental checklist
A. A completed environmental checklist shall be filed at the same time as an application for a permit,
license, certificate or other approval not exempted by this chapter. The checklist shall be in the form of
WAC 197-11-960 , with the following additions:
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Bl. If the site is an environmentally sensitive critical area, a sensitive critical area study that meets the
requirements of TMC 18.45the SEPA official may be required. The SEPA official may waive any study
requirements determined to be unnecessary for review of a particular use or application.
Environmentally sensitive or a studies shall have three components: a site analysis, an impact analysis,
and proposed mitigation measures. Morc or Icss detail may be required for ach component depending
on thc size of thc project, severity of potential impacts and availability of information. Funding for a
qualified professional, selected and retained by the City shall be paid for by the applicant to review the
geotechnical reports on Class 2 and Class 3 landslide, seismic and coal mine hazard areas if the
geotechnical report indicates Class 3 or Class 4 characteristics, and will be required in all Class 4 landslide
hazard areas. Applicants may also be required to pay for peer review of wetland and watercourse studies
per 18.45.040 E.;
2. Identification of conflicts with the policies of thc Comprehensive Land Use Policy Plan and proposed
m asures to reduce the conflicts;
3. Description of the objectives of the proposal, thc alternative m ans of accomplishing these objectives,
_B. A checklist is not needed if the City and the applicant agree an EIS is required, SEPA compliance has
been completed, or SEPA compliance has been initiated by another agency.
DC. The City shall use the environmental checklist to determine the lead agency and, if the City is the
lead agency, for making the threshold determination.
ED. For private proposals, the applicant is required to complete the environmental checklist. The City
may provide information as necessary. For City proposals, the department initiating the proposal shall
complete the environmental checklist for that proposal.
F€. The City may decide to complete all or part of the environmental checklist for a private proposal, if
either of the following occurs:
1. The City has technical information on a question or questions that is unavailable to the private
applicant; or
2. The applicant has provided inaccurate information on previous proposals or on proposals currently
under consideration.
(Ord. 1599 §7(3), 1991; Ord. 1344 §7, 1985; Ord. 1331 §13, 1984)
21.04.152 Planned actions identified
Planned actions arc specifically identified as developments which satisfy all of the following
characteristics:
1. is a "permitted use" located within the MIC/L (TMC 18.36.020) and MIC/H (TMC 18.38.020) zones
and/or is an accessory use (TMC 18.36.030 and 18.38.030 respectively) ("conditional" and "unclassified"
2. satisfies thc consistency checklist which demonstrates that all impacts have been mitigated; and
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�. is not any of the following:
ti. an action which is not consistent with the Tukwila Comprehensive Plan as adopted per RCW
36.70A (consistency required per RCW 43.21C.031(2));
c. a conditional or unclassified use, in thc respective MIC/L or MIC/H zones;
normally require a SEPA threshold determination; or
ordinary high water mark.
{Ord. 2502 §2, 2016; Ord. 1853 §6, 1998)
21.04.154 Consistency check
A. Having identified the developments which arc a potential "planned action", thc development must
demonstrate that it has mitigated all of its impacts pursuant to the environmental impact statement and
B. A consistcncy checklist will be provided by the Director of the Department of Community
Development. Thc criteria for Comprehensive Plan consistcncy arc as presented in thc "Integrated GMA
Implementation Plan and Environmental Impact Statement for the Tukwila Manufacturing/Industrial
Center."
{Ord. 1853 §7, 1998)
21.04.160 Documents required SEPA decisions
For nonexempt proposals, thc DNS or draft EIS for thc proposal shall accompany thc City staff's
recommendation to any appropriate advisory body such as the Planning Commission.
{Ord. 1331 §8, 1984)
21.04.165 Environmental review for development in thc Tukwila Urban Center Policies
A. Development proposed in the Tukwila Urban Center will not be subject to environmental review and
project specific SEPA based administrative or judicial appeals if all of thc following criteria arc mct:
1. The proposed development is consistent with the Southcenter Subar a Plan and associated
development regulations in TMC Chapter 18.28.
2. Thc proposed development meets all established conditions or mitigation.
3. Probable significant adverse impacts of the proposed development have been identified in the
Supplemental Environmental Impact Statement (SEIS) prepared for thc Southcenter Subar a Plan.
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�. The traffic generated from the proposal docs not cause the total number of PM hour peak trips
generated within thc Southcenter Subar a as a whole to exceed thc maximum number of new PM p ak
hour trips threshold as identified in the SEIS for the Southcenter Subar a Plan, or a subsequent traffic
analysis based on a revised future land use scenario for thc Southcenter Subar a.
5. Thc project application vests by April 4, 2023.
6. Thc proposcd development is
a. not a public facility or utility;
c. not a conditional or unclassified use, in the respective TUC zones;
d. not a development for which any portion includes shoreline modifications watcrward of thc ordinary
high water mark.
B. A consistency checklist shall be provided by thc Department of Community Development to track all
the criteria listed under TMC Section 21.04.165.A. The applicant shall submit a response to the
consistency checklist documenting that thc proposcd development complies with all of thc criteria listed
under TMC Section 21.04.165.A.
{Ord. 2502 §3, 2016}
21.04.300 Environmentally sensitive critical areas
A. Environmentally criticalsensitive areas designated on the zoning maps, and/or as defined in TMC
18.45.0320 as of the effective date of the ordinance from which this section derives and as thereafter
amended, designate the locations of environmentally criticalsensitive areas within the City and are
adopted by reference. In addition to those areas identified in WAC 197-11-908 and for purposes of this
chapter, environmentally criticalscnsitivc areas shall also include wooded hillsides, and the
Green/Duwamish River and its shoreline zone as defined by the Tukwila Shoreline Master Program. For
each environmentally criticalkensitivc area, all categorical exemptions within WAC 197-11-800 are
applicable.
6. The City shall treat proposals located wholly or partially within an environmentally criticalsensitive
area no differently than other proposals under this chapter, making a threshold determination for all
such proposals. The City shall not automatically require an EIS for a proposal merely because it is
proposed for location in an environmentally criticalsensitive area.
C. Certain exemptions do not apply on lands covered by water, and this remains true regardless of
whether or not lands covered by water are mapped.
(Ord. 1608 §2, 1991; Ord. 1599 §7(6), 1991; Ord. 1344 §13, 1985; Ord. 1331 §30, 1984)
21.04.310 Fees
The City shall require the following fees for its activities in accordance with the provisions of this chapter:
1. Threshold Determination. For every environmental checklist the City will review when it is lead
agency, the City shall collect a fee according to the adopted Land Use Fee resolutionof $325.00 from the
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proponent of the proposal prior to undertaking the threshold determination; provided that no fee shall
be charged to or collected from the proponents of any proposal for annexation to the City, and the City
shall review such checklists without charge. Where payment of a fee is required, the time periods
provided by this chapter for making a threshold determination shall not begin to run until payment of
the fee is received by the City.
2. Environmental Impact Statement.
a. When the City is the lead agency for a proposal requiring an EIS and the responsible official
determines the EIS shall be prepared by employees of the City, the City may charge and collect a
reasonable fee from any applicant to cover costs incurred, including overhead, by the City in preparing
the EIS. The responsible official shall advise the applicant of the projected costs for the EIS prior to actual
preparation.
b. The responsible official may determine that the City will contract directly with a consultant for
preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than
the City, and may bill such costs and expenses directly to the applicant. Such consultants shall be
selected by the City. Also, the City will charge an administrative fee of $1,000 in addition to the
consultant fees, see the adopted Land Use Fee resolution.
c. The applicant shall pay the projected amount to the City prior to commencing work. The City will
refund the excess, if any, at the completion of the EIS. If the City's costs exceed the projected costs, the
applicant shall immediately pay the excess. If a proposal is modified so that an EIS is no longer required,
the responsible official shall refund any fees collected under a. or b. of this subsection which remain
after incurred costs, including overhead, are paid.
3. The City may shall collect a r asonablc fee from an applicant to cover the cost of meeting the public
notice requirements of this chapter relating to the applicant's proposal according to the adopted Land
Use Fee resolution.
4. The City may charge any person for copies of any document prepared under this chapter, and for
mailing the document, in a manner provided by RCW 42.17.
(Ord. 1650 §1, 1992; Ord. 1576 §6, 1990; Ord. 1425 §1, 1987; Ord. 1331 §31, 1984)
21.04.330 Copies on file
The City Clerk shall maintain on file for public use and examination three copies of the Washington
Administrative Code sections referred to herein.
{Ord. 1331 §33, 1984)
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Department of Ecology, SEPA Unit
FROM: Nora Gierloff, DCD Director
DATE: June 27, 2023
SUBJECT: Public Notice and Public Comment Opportunities for Newly Exempt Development
Projects
The City of Tukwila is proposing to adopt the following flexible categorical exemption thresholds
for minor new construction, pursuant to WAC 197-11-800(1)(c):
• Single family residential: Thirty (30) units
• Multifamily residential: Two Hundred (200) units
• Agricultural: Forty thousand (40,000) square feet
• Office/School/Commercial: Thirty thousand (30,000) square feet
• Parking Facilities: Ninety (90) parking spaces
• Grading Quantity: One thousand (1,000) cubic yards
Below is an analysis of the public notice and public comment opportunities that will remain for
newly exempt projects under the flexible thresholds, which the city believes meets the WAC
requirements. Analysis of local, state, and federal environmental regulations is provided in a
separate document.
Single Family Residential (Increase from 9 units to 30 units)
• The city only permits one detached SFR per lot along with one ADU
• Additional single family residential lots are created through the subdivision process
• The threshold for a short plat is 9 lots, while 10 or more lots is a subdivision, so the
increased threshold will not affect the review process for creation of between 10 and
30 lots as any project in this category would already follow subdivision procedures
• Subdivisions are governed by TMC 17.14 and require Type 111 review
• Type III permits require a Notice of Application be mailed to property owners and
tenants within 500 feet, have a sign posted on the site, be published, and posted on
the city website
• Affected agencies, tribes, and members of the public have the opportunity to
comment on Type 111 permits, attend the public hearing before the Hearing Examiner,
become a party of record, receive a copy of the Notice of Decision, and have the
option to appeal the decision.
• There is no loss of public notice or opportunities to comment on proposals involving
between 10 and 30 single family residential lots
Multifamily Residential (Increase from 9 units to 200 units)
• Projects with 10 or more MFR units are only permitted in multifamily and mixed
use/subarea zones
• All new MFR development of 10 or more units requires either Administrative or Public
Hearing Design Review per TMC 18.60
• Administrative Design Review is a Type II land use permit that requires a Notice of
Application be mailed to the applicant and agencies with jurisdiction for projects that do
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not require SEPA. Administrative design review for multi -family projects is only available
for MFR projects up to 50 units in the Tukwila Urban Center.
• The notice requirements differ for Type II decisions based on whether they require a
SEPA determination so projects between 10 and 50 units in the TUC would have lower
notice requirements, though public comments would still be accepted and considered.
• All other areas of the City require Public Hearing Design Review for MFR projects of 10
or more units which is a Type III decision.
• Type III permits require a Notice of Application be mailed to property owners and tenants
within 500 feet, have a sign posted on the site, be published, and posted on the city
website.
• Affected agencies, tribes, and members of the public have the opportunity to comment
on Type III permits, attend the public hearing before the Hearing Examiner, become a
party of record, receive a copy of the Notice of Decision, and have the option to appeal
the decision.
• The only loss of public notice or opportunities to comment on proposals would be for
projects in one subarea involving between 10 and 50 multifamily residential units. There
have been no proposals for multi -family projects of less than 100 units in that subarea.
Agricultural (Increase from 10,000 to 40,000 sf)
• All structures over 10,000 sf in commercial and mixed use zones require Public Hearing
Design Review which is a Type III decision. All structures in industrial zones are
generally exempt from design review unless they are within the shoreline or adjacent to
residential uses.
• Type III permits require a Notice of Application be mailed to property owners and tenants
within 500 feet, have a sign posted on the site, be published, and posted on the city
website.
• Affected agencies, tribes, and members of the public have the opportunity to comment
on Type III permits, attend the public hearing before the Hearing Examiner, become a
party of record, receive a copy of the Notice of Decision, and have the option to appeal
the decision.
• There is no loss of public notice or opportunities to comment on proposals involving
agricultural buildings between 10,000 and 40,000 sf.
Office, School, Commercial/Recreation/Service/Storage (Increase from 10,000 sf to 30,000
sf)
• All structures over 10,000 sf in commercial and mixed use zones require Public Hearing
Design Review which is a Type III decision. All structures in industrial zones are
generally exempt from design review unless they are within the shoreline or adjacent to
residential uses.
• Type III permits require a Notice of Application be mailed to property owners and tenants
within 500 feet, have a sign posted on the site, be published, and posted on the city
website.
• Affected agencies, tribes, and members of the public have the opportunity to comment
on Type III permits, attend the public hearing before the Hearing Examiner, become a
party of record, receive a copy of the Notice of Decision, and have the option to appeal
the decision.
• There is no loss of public notice or opportunities to comment on proposals involving
between 12,000 sf and 30,000 sf of office/school/commercial development.
Parking Facilities (Increase from 40 to 90 stalls)
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/SEPA Thresholds Update/C Public Comment Impacts of Raised SEPA
Thresholds.docx
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INFORMATIONAL MEMO
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• Filling and excavations over 50 cubic yards require either a Right -of -Way Use Permit
(ROWUP) per TMC 11.08 or a development permit if on private property or associated
with building construction per TMC 16.04.
• These are Type I permits that only require public notice if they trigger SEPA review or are
associated with a land use permit that independently requires public notice.
• While it is possible that some projects may not trigger public notice under the increased
thresholds, because Tukwila does not allow stand-alone parking Tots it is very unusual
for a new parking lot over 40 stalls to not be associated with design review or other land
use approvals.
• It is rare that a parking lot between 40 and 90 stalls would be built without triggering public
notice or opportunities to comment though other associated permits. However, it would
be possible under the increased thresholds.
Land Fills and Excavations (Increase from 500 to 1,000 cubic yards)
• Filling and excavations over 50 cubic yards require either a Right -of -Way Use Permit
(ROWUP) per TMC 11.08 or a development permit if on private property or associated
with building construction per TMC 16.04.
• These are Type I permits that only require public notice if they trigger SEPA review or are
associated with a land use permit that independently requires public notice.
• . It is rare that grading of this magnitude would not trigger public notice or opportunities to
comment though other associated permits. However, it would be possible under the
increased thresholds.
https://tukwilawa.sharepoint.com/sites/mayorsoffice/cc/Council Agenda Items/DCD/SEPA Thresholds Update/C Public Comment Impacts of Raised SEPA
Thresholds.docx
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City of Tukwila
TECHNICAL MEMORANDUM
TO: Tukwila City Council
FROM: Nora Gierloff, DCD Director
CC: Mayor Ekberg
DATE: June 27, 2023
SUBJECT: Environmental Regulations Technical Memo
Allan Ekberg, Mayor
ISSUE
Tukwila is proposing to amend TMC 21.04 — State Environmental Policy Act (SEPA).
Specifically, the City aims to increase the flexible thresholds for minor new construction as
allowed under WAC 197-11-800(1). This technical memorandum evaluates how the proposed
changes to the City's SEPA code comply with the requirements of WAC 197-11-800 for
increasing SEPA exemptions.
BACKGROUND
The State Environmental Policy Act (SEPA), adopted May 1971, is codified in RCW 43.21C and
implemented through the Department of Ecology's administrative code under WAC 197-11. The
purpose of SEPA is to "(1) ...encourage productive and enjoyable harmony between humankind
and the environment; (2) to promote efforts which will prevent or eliminate damage to the
environment...; (3) [to] stimulate the health and welfare of human beings; and (4) to enrich the
understanding of the ecological systems and natural resources...". SEPA is a procedural statute
designed to ensure that potential environmental effects of a proposed action or project are
surfaced, evaluated, and mitigated or prevented.
In the decades since SEPA has become law, many other state laws have been adopted that
require jurisdictions to enact regulations that protect the environment and provide for public
notice. This includes, but is not limited to, the 1990 Growth Management Act (GMA), which
requires local governments to enact critical areas regulations, the 1971-72 Shoreline
Management Act, which requires all counties and most towns and cities to prepare and
implement shoreline master programs, and stormwater regulations and permitting which
implements requirements under the Clean Water Act. In most cases around the state, cities and
counties have adopted regulations covering almost every element covered under the SEPA.
In addition, the GMA (RCW 36.70A) and the Local Project Review Act (RCW 36.70B) outline
substantial requirements for community, Tribal, and local, state, and federal agency
engagement during policy, code, and permit processes. SEPA is no longer the only process by
which public notice is provided since these laws were enacted in the 1990s and implemented
through local codes and processes.
To account for these additional layers of environmental protection and public engagement
opportunities that did not exist when SEPA was created, updates to the administrative rules
over the years have created various optional avenues under which specific types of projects or
decisions can be exempt from review under SEPA. This has allowed cities and counties across
the state the ability to modify their SEPA requirements as development regulations are adopted
that protect the environment and mitigate impacts associated with project actions.
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Tukwila has evaluated the requirements for increasing categorical exemptions for minor new
construction flexible thresholds in WAC 197-11-800. To adopt these changes, the rules outline
conditions which must be met. This memorandum addresses those requirements.
It is important to note that adopting higher SEPA exemption levels will not reduce the city's
ability to mitigate environmental impacts associated with project actions. It only recognizes that
impacts will be mitigated and conditioned for these projects using existing city code (and state
and federal rules and laws), rather than SEPA. The reliance on existing development
regulations to mitigate impacts instead of SEPA is also discussed in WAC 197-11-158, which in
summary provides that a city or county planning under the Growth Management Act can decide
that a project's potential impacts are adequately addressed and mitigated under the
comprehensive plan, any subarea plans, and/or the jurisdiction's development regulations and
incorporate specific findings therein in a SEPA determination of non -significance.
FLEXIBLE THRESHOLDS FOR MINOR NEW CONSTRUCTION
Overview
In 1984, the state developed SEPA rules (WAC 197-11-800) that outline certain types of
projects that are categorically exempt from SEPA threshold determinations and Environmental
Impact Statement (EIS) processes. WAC 197-11-800(1) outlines flexible thresholds for minor
new construction. The flexibility comes from the range of exemptions provided for in the 800(1)
subsection. This has allowed cities and counties around the state to tailor exemption levels that
fit their community.
Under WAC 197-11-800(1)(b), certain levels and types of new construction are categorically
exempt from SEPA. The following are the minimum exemptions for minor new construction:
(i) The construction or location of four detached single family residential units.
(ii) The construction or location of four multifamily residential units.
(iii) The construction of a barn, loafing shed, farm equipment storage building, produce
storage or packing structure, or similar agricultural structure, covering 10,000 square
feet, and to be used only by the property owner or his or her agent in the conduct of
farming the property. This exemption shall not apply to feed lots.
(iv) The construction of an office, school, commercial, recreational, service or storage
building with 4,000 square feet of gross floor area, and with associated parking
facilities designed for twenty automobiles. This exemption includes parking lots for
twenty or fewer automobiles not associated with a structure.
(v) Any fill or excavation of 100 cubic yards throughout the total lifetime of the fill or
excavation and any excavation, fill or grading necessary for an exempt project in (i),
(ii), (iii), or (iv) of this subsection shall be exempt.
Under WAC 197-11-800(1)(c) and (d), cities can raise the exemption levels up to maximums
outlined in part 800(1)(d). The City currently has exemption levels for minor new construction
well below the level currently allowed.
City Proposal
Minor new construction maximum exemption levels, contained in WAC 197-11-800(1), were
increased in 2013 and again in December 2022 by the state Department of Ecology to what is
shown in the table below. These changes recognized that almost all minor new construction
projects now have impacts mitigated through development regulations, rather than through
SEPA. This also recognizes the number of regulations cities and counties have adopted over
the past 50 years.
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The 2013 WAC changes also recognized that planning requirements around the State of
Washington are not the same for all cities and counties. Some counties and cities around the
state are required to do more planning than others and therefore are likely to have more
regulations in place to mitigate project impacts than those jurisdictions with fewer planning
requirements and regulations. The maximum levels that Tukwila can adopt as a city within an
urban growth area are listed in the table below.
Project Type
Tukwila's Thresholds
Proposed Thresholds
Max Thresholds
Single Family
9
30
30
Single Family less
than 1,500 SF
9
30
100
Multi Family
9
200
200
Agricultural Buildings
10,000 square feet
40,000 square feet
40,000 square feet
Office, School,
Commercial or
Storage Buildings
10,000 square feet
30,000 square feet
30,000 square feet
Parking Lots
40 spaces
90 spaces
90 spaces
Landfill and
Excavations
500 cubic yards
1,000 cubic yards
1,000 cubic yards
An important caveat is that these exemptions would not apply to projects that:
• Are proposed wholly or partly on lands covered by water
• Require a license governing discharges to water not exempt under RCW 43.21C.0383
• Require a license governing emission to air not exempt under RCW 43.21 C.0381 or WAC
197- 11-800(7-8)
• Require a land use decision that is not exempt under WAC 197-11.800(6). Land use
decisions that are exempt from SEPA under this WAC are:
o Land use decisions for exempt projects, except for rezones;
o Other land use decisions, like home occupations or use changes, subject to
conditions;
o If an exempt project requires a rezone, the rezone is exempt if certain conditions
are met;
o Short subdivisions, except on lands covered by water (this also applies to binding
site plans up to the same number of lots allowed as a short subdivision);
o Granting of variances based on special circumstances (size, shape, topography,
location or surroundings) and not resulting in any change in land use or density; and
o Alteration of property lines as exempted from subdivision statute in RCW 58.18.040.
This means that a large subset of potential land use decisions, including but not limited to full
subdivisions, conditional uses, development agreements, a range of rezones, shoreline
substantial development permits, and legislative actions like development code amendments,
comprehensive plan amendments, and annexations would not be categorically exempt under
WAC 197-11-800.
Technical analysis
To adopt thresholds above the minimums outlined in WAC 197-11-800(1)(b), certain public
noticing, documentation and analysis is required. The following table outlines each required
criterion and how the City meets WAC 197-11-800(1)(c) requirements for raising exemption
levels.
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WAC 197-11-800(1)(c) requirements for
raising exemption levels
Response
Documentation that the requirements for
environmental analysis, protection and
mitigation for impacts to elements of the
environment (listed in WAC 197-11-444) have
been adequately addressed for the
development exempted. The requirements
may be addressed in specific adopted
development regulations, and applicable state
and federal regulations.
See table below for analysis showing the
requirements for environmental analysis,
protection and mitigation for impacts to
elements of the environment (listed in WAC
197-11-444) have been adequately addressed
for the developments which would be
exempted.
(ii) Description in the findings or other
appropriate section of the adopting ordinance
or resolution of the locally established notice
and comment opportunities for the public,
affected tribes, and agencies regarding
permitting of development projects included in
these increased exemption levels.
The adopting ordinance will reference the
analysis of the notice and comment
opportunities for the public, affected tribes,
and agencies regarding permitting of
development projects included in these
increased exemption levels.
(iii) Before adopting the ordinance or
resolution containing the proposed new
exemption levels, the agency shall provide a
minimum of sixty days' notice to affected
tribes, agencies with expertise, affected
jurisdictions, the department of ecology, and
the public and provide an opportunity for
comment.
60 -day notice of the intent to adopt an
ordinance to increase the exemptions levels
has been provided to the following: affected
tribes, agencies with expertise, affected
jurisdictions, the department of ecology, and
the public and provide an opportunity for
comment.
(iv) The city, town, or county must document
how specific adopted development regulations
and applicable state and federal laws provide
adequate protections for cultural and historic
resources when exemption levels are raised.
The requirements for notice and opportunity to
comment for the public, affected tribes, and
agencies in (c)(i) and (ii) of this subsection and
the requirements for protection and mitigation
in (c)(i) of this subsection must be specifically
documented. The local ordinance or resolution
shall include, but not be limited to, the
following:
• Use of available data and other project
review tools regarding known and likely
cultural and historic resources, such as
inventories and predictive models provided by
the Washington department of archaeology
and historic preservation, other agencies, and
tribal governments.
• Planning and permitting processes that
ensure compliance with applicable laws
including chapters 27.44, 27.53, 68.50, and
68.60 RCW.
• Local development regulations that include at
minimum pre -project cultural resource review
City development regulations and applicable
state and federal laws currently will provide
adequate protections for cultural and historic
resources for the exemptions being proposed.
Regulations listed in TMC 18.50.110
Archaeological/Paleontological Information
Preservation Requirements cover pre -
construction cultural resources assessment,
archaeological response plan and provisions
for excavation monitoring by a professional
archaeologist. Excavations into historically
native soil, when in an area of archaeological
potential, shall have a professional
archaeologist on site to ensure that all State
statutes regarding archaeological
conservation/ preservation are implemented.
The applicant shall provide a written
commitment to stop work immediately upon
discovery of archaeological remains. Work in
shoreline areas that will extend into native soil
is noticed to WA Department of Archaeology
and Historical Preservation and area Tribal
governments.
TMC 16.60 Historic Preservation contains
regulations regarding landmark designation
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where warranted, and standard inadvertent
discovery language (SIDL) for all projects.
and alteration of existing landmarked sites,
buildings, or properties.
The following table provides documentation that the requirements for environmental analysis,
protection, and mitigation for impacts to elements of the environment (listed in WAC 197-11-
444) have been adequately addressed for the development exempted under the proposed
increases to the minor new construction flexible thresholds categorical exemptions.
Elements as
listed in WAC
197-11-444
How impacts are adequately addressed by specific adopted development
regulations, and applicable state and federal regulations
Earth
TMC 14.30 SURFACE WATER MANAGEMENT (Stormwater Management)
regulates stormwater discharges from all new development and
redevelopment to prevent and control adverse impacts of drainage and
stormwater on the public health, safety, and general welfare.
TMC 16.54 GRADING regulates clearing and grading, with a permit required
for all grading amounts above 50 cubic yards. Regulated activities include
excavation, fill, grading, earthwork construction, and structural preloads with a
goal of preventing erosion, controlling sedimentation, minimizing disturbance
of native soils and landscapes, and restoring the moisture -holding capacity of
disturbed soils.
TMC 18.45 ENVIRONMENTALLY CRITICAL AREAS defines geologically
hazardous areas and regulates their allowed development.
Air
RCW 70A.15 — Washington Clear Air Act - Commercial and industrial
businesses that emit large amounts of air pollution must get an air operating
permit. An air operating permit is a master document that lists all the air
pollution requirements that apply to a business or industry. Ecology and other
clean air agencies in Washington issue these permits. The Department of
Ecology (DOE) regulates odors for certain uses, such as composting facilities.
Permits are required through the DOE.
TMC 16.54 GRADING addresses dust control during construction.
A permit from the Puget Sound Clean Air Agency is required of any new or
modified air pollution source prior to construction or making modifications
(including equipment, process, or design changes) that affect the level of air
contaminants emitted.
Water
TMC 14.30 SURFACE WATER MANAGEMENT (Stormwater Management)
regulates stormwater discharges from all new development and
redevelopment to prevent and control adverse impacts of drainage and
stormwater on the public health, safety, and general welfare.
TMC 16.54 GRADING regulates erosion and sediment control.
Tukwila meets the conditions of its NPDES permit to address water pollution
by regulating point sources that discharge pollutants to waters of the United
States.
TMC 16.52 FLOOD PLAIN MANAGEMENT regulates impacts to floodplains
and associated habitat functions, flood protection, and flood damage.
TMC 18.45 ENVIRONMENTALLY CRITICAL AREAS regulates developments
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within wetlands, watercourses, and their buffers.
The City's Shoreline Master Program (last updated in 2020) provides further
protection of water resources within the shoreline jurisdiction.
Plants/Animals
TMC 18.45 ENVIRONMENTALLY CRITICAL AREAS regulates development
in and around designated critical areas including wetlands and fish and
wildlife conservation areas as well as requiring preservation of critical areas
as Native Growth Protection Areas during development and demonstrating
compliance with state and federal government lists of endangered, threatened
or candidate species.
TMC 18.54 URBAN FORESTRY AND TREE REGULATIONS requires
retention of existing significant trees or replanting of trees approved for
removal.
18.52 LANDSCAPE REQUIREMENTS covers landscape planting and
maintenance requirements for developed properties.
Energy and
Natural
Resources
TMC 16.04 BUILDINGS AND CONSTRUCTION adopts the International
Energy Conservation Code of the State of Washington, with the most recent
adoption of the 2018 code in February 2021. The State Building Code Council
has delayed adoption of the next code cycle until October.
TMC 18.28 TUKWILA URBAN CENTER (TUC) DISTRICT provides a height
incentive for multi -family structures that meet LEED Silver standards.
TMC 18.50.140 Charging Station Locations allows EV charging throughout
the City.
TITLE 22 SOLID WASTE AND RECYCLING encourages the management of
solid wastes according to the priorities defined in RCW 70.95.010.
Environmental
Health
TMC 6.12 REFUSE DISPOSAL requires proper disposal of trash, rubbish,
and garbage.
6.14 HAZARDOUS MATERIALS CLEANUP requires that any person
transporting hazardous materials shall be responsible for the cleanup of any
hazardous materials incident that occurs during transportation and shall take
such additional action as may be reasonably necessary after consultation with
the Tukwila Fire Department in order to achieve compliance with all
applicable federal and State laws and regulations.
TMC 14.30 SURFACE WATER MANAGEMENT establishes methods for
controlling the introduction of pollutants into the stormwater drainage system
in order to comply with the requirements of the National Pollutant Discharge
Elimination Systems ("NPDES") permit process.
TMC 21.08 SITING CRITERIA FOR HAZARDOUS WASTE TREATMENT
AND STORAGE FACILITIES adopts the siting criteria for on-site and off-site
hazardous waste treatment and storage facilities set forth in RCW 70.105.
The Department of Ecology manages Hazardous Waste and Toxics
Reduction program and enforces Washington's toxics laws, including the
Dangerous Waste regulations that many businesses need to comply with.
Noise
TMC 8.22 NOISE regulates maximum permissible noise levels in alignment
with State law.
Washington State has the following noise regulations:
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• Chapter 70.107 RCW - Noise control
• Chapter 46.09 RCW - Off-road and highway vehicles
• Chapter 173-58 WAC- Sound level measurement procedures
• Chapter 173-60 WAC- Maximum environmental noise levels
• Chapter 173-62 WAC - Motor vehicle noise performance standards#
Land/Shoreline
Use
TITLE 5 BUSINESS LICENSES AND REGULATIONS contains
regulations for specific business types.
TITLE 18 ZONING establishes which uses or types of uses are permitted,
which require special approvals, and which are prohibited in the zones.
TMC 18.44 SHORELINE OVERLAY implements the goals of the Shoreline
Management Act (SMA) (chapter 90.58 RCW) and the state Department of
Ecology's implementing guidelines (chapter 173-26 WAC) and provides a
uniform basis for applying Tukwila's Shoreline Master Program (SMP)
policies and development regulations within distinctive shoreline areas.
Tukwila's Comprehensive Plan identifies goals and policies for each subarea
within the City.
Housing
TMC 5.06 RESIDENTIAL RENTAL BUSINESS LICENSE AND
INSPECTION PROGRAM provides for regulation and life safety
inspections of rental housing.
Various sections within TITLE 18 ZONING establish setback, lot coverage,
building height, and lot dimension regulations for all zoning districts.
Tukwila is currently reviewing recently adopted State legislation that will
require middle housing changes to our housing regulations by July of 2025.
TMC 17 SUBDIVISIONS AND PLATS controls the process and
requirements for land division including design and improvement standards.
In September of 2021 Tukwila completed a Housing Action Plan focused on
the transit -oriented development area around the Link Light Rail Station on
Tukwila International Boulevard.
Tukwila is preparing to reinstate its Multi -Family Tax Exemption
regulations in targeted areas and may include unit size/mix and income
requirements.
Tukwila has used development agreements with several private developers to
facilitate the development of new housing in areas consistent with our
growth strategy.
Parks, fire, and traffic impact fees require that new growth and development
pay its proportionate share of the costs of new facilities identified in the
capital facilities element of the comprehensive plan that are reasonably
related to the new development.
Aesthetics
TMC 18.60 BOARD OF ARCHITECTURAL REVIEW provides for both
administrative and public hearing review of the design of commercial and
multi -family structures with the intent of creating well-designed
developments that are creative and harmonious with the natural and
manmade environments. Tukwila is currently reviewing recently adopted
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State legislation that will require changes to our design guidelines and
procedures by July of 2025.
TMC 18.50.050 Single -Family Dwelling Design Standards provides design
requirements for single-family houses and ADUs.
TMC 18.52 LANDSCAPE REQUIREMENTS provides screening and tree
requirements for new development.
Light/Glare
TMC 11.12.110 Street Lighting requires street lighting along all public
streets, including new public streets in subdivisions and short subdivisions.
TMC 18.50.170 Lighting Standards regulates light and glare on developed
sites.
Recreation
Recreation space requirements for residential uses are set out in the various
zoning code district standards listed in TMC 18 Zoning Code.
TMC 16.28 Provides for the assessment of parks impact fees.
TMC 18.42 PUBLIC RECREATION OVERLAY DISTRICT is intended to
reserve certain areas owned or controlled by a public or quasi -public agency
for either passive or active public recreation use.
TMC 12.04 PARKS, RECREATION AND OPEN SPACE PLAN adopts the
most current edition of the PROS Plan. The parks, recreation and open space
element of the city's Comprehensive Plan also contains policies regarding the
level of service for parks and trails.
Historic/Cultural
Preservation
Regulations listed in TMC 18.50.110 Archaeological/Paleontological
Information Preservation Requirements cover pre -construction cultural
resources assessment, archaeological response plan and provisions for
excavation monitoring by a professional archaeologist. Excavations into
historically native soil, when in an area of archaeological potential, shall have
a professional archaeologist on site to ensure that all State statutes regarding
archaeological conservation/ preservation are implemented. The applicant
shall provide a written commitment to stop work immediately upon discovery
of archaeological remains. Work in shoreline areas that will extend into native
soil is noticed to WA Department of Archaeology and Historical Preservation
and area Tribal governments.
TMC 16.60 Historic Preservation contains regulations regarding landmark
designation and alteration of existing landmarked sites, buildings, or
properties.
Transportation
TMC 9.48 CONCURRENCY STANDARDS AND TRANSPORTATION
IMPACT FEES ensure that public health, safety and welfare will be
preserved by having safe and efficient roads serving new and existing
developments. The City of Tukwila's impact fee financing program has been
developed pursuant to the City of Tukwila's police powers, the Growth
Management Act as codified in Chapter 36.70A of the Revised Code of
Washington (RCW), the enabling authority in RCW Chapter 82.02, RCW
Chapter 58.17 relating to platting and subdivisions and the State
Environmental Policy Act (SEPA), and RCW Chapter 42.12C.
TMC 18.56 OFF-STREET PARKING AND LOADING REGULATIONS
lists requirements for private development for automobiles and bicycles.
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CONCLUSION
Based upon review of the requirements to raise exemption levels in WAC 197-11-800(1)(c) and
(d), we conclude that the City of Tukwila qualifies to raise exemption levels to the proposed
levels.
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Tukwila's design guidelines address vehicular and pedestrian circulation on
private development sites.
Tukwila is developing a multi -modal level of service standard that will be
implemented in the 2024 periodic update of the Comprehensive Plan. Public
transportation including light rail, heavy rail, bus service, and rapid ride is
provided by Sound Transit, King County Metro, and Amtrack.
Public Services
The City has adopted public facility requirements in TITLE 14 WATER
AND SEWERS for services including water system, sewer system, and
storm drainage. Some areas of the City are served by other provider districts
such as ValVue Sewer and Highline Water. Solid waste is provided through a
franchise agreement with Recology. Fire protection is currently provided
through a contract with the Puget Sound Regional Fire Authority which
Tukwila may annex into at a later date. Tukwila has its own Police
Department. Tukwila is a member of the King County Library System and has
a Library Advisory Board to provide oversight and recommendations. Tukwila
approved a Public Safety Plan in 2016 that has resulted in a new Justice
Center housing Police and Courts, two new fire stations, and a consolidated
shops facility.
These all implement the summary of projected demand and levels of service
in the Comprehensive Plan, including water, wastewater, stormwater, solid
waste, fire and EMS, police, parks and recreation, public library, and
municipal services facilities
Utilities
TMC 11.28 UNDERGROUNDING OF UTILITIES contains policy to require
the underground installation of all new electrical and communication facilities,
with certain exceptions.
TMC 16.36 INFRASTRUCTURE DESIGN AND CONSTRUCTION
STANDARDS regulates utility work, work in the public right-of-way or in
easements, and all other work performed pursuant to construction related
permits issued by the City of Tukwila.
TMC 14 WATER AND SEWERS contains rates and regulations for water,
sewer, and stormwater.
Tukwila is served by Seattle City Light and Puget Sound Energy.
CONCLUSION
Based upon review of the requirements to raise exemption levels in WAC 197-11-800(1)(c) and
(d), we conclude that the City of Tukwila qualifies to raise exemption levels to the proposed
levels.
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