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Home My WebLink AboutOrd 2759 - Establish a Critical Area Designation Permit and Modify Pre-Application ProcessWashington Cover page to Ordinance 2759 The full text of the ordinance follows this cover page. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASFIINGTON, ESTABLISHING TUKWILA MiUNICIIPALCODE (TMC) SECTION 18.45.050; TO ESTABLISH A PRE -APPLICATION CONFERENCE PROCESS FOR LAND USE PERMITS; AMENDING ORDINANCE NOS. 2741 §4 (PART), AS CODIFIED AT TMC SECTIONS 18.104.010 AND 18.104.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. Ordinance 2759 was amended or repealed by the following ordinances. on(s) Amended 3 ended by Ord 2765 Washington. Ordinance No. 2759 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING TUKWILA MUNICIPAL CODE (TMC) SECTION 18.45.050; TO ESTABLISH A PRE -APPLICATION CONFERENCE PROCESS FOR LAND USE PERMITS; AMENDING ORDINANCE NOS. 2741 §4 (PART), AS CODIFIED AT TMC SECTIONS 18.104.010 AND 18.104.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 18 of the Tukwila Municipal Code ("TMC") establishes regulations for critical areas, and the City seeks to ensure these regulations align with best practices and statutory requirements; and WHEREAS, the City desires to improve the permitting process by establishing a Critical Area Designation Permit, streamlining the review of critical areas while maintaining environmental protections; and WHEREAS, the requirement for detailed critical area delineations has been identified as essential for ensuring compliance with TMC Title 18, and a dedicated permit will provide clarity and efficiency in the review process; and WHEREAS, the proposed amendments to the Tukwila Municipal Code to establish the Critical Area Designation Permit are exempt from review under the State Environmental Policy Act (SEPA); and WHEREAS, on February 10, 2025, the Planning and Community Development Committee received a briefing on the proposed approach and expressed support for moving the item forward to the City Council for consideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2025 Legislation: Critical Area Designation Permit Version: 5/14/25 & Updated 9/2/25 (Scrivener's Error) Staff: M. Baker Page 1 of 5 Section 1. Adoption of Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. Section 2. Regulations Established. TMC 18.45.050 is hereby established to read as follows: 18.45.050 Critical Area Designation Permit A. A Critical Area Designation Permit establishes whether critical areas or buffers are present on or near the property and includes a critical area study if needed. 1. A Critical Area Designation Permit is required for any property that contains, or is located within 150 feet of, a confirmed or potential critical area before any other development permit can be accepted or issued. 2. A Critical Area Designation Permit may be applied for at any time by the property owner or the property owner's agent. B. To apply for a Critical Area Designation Permit, the property owner or the property owner's agent must submit an application to the department using a form provided by the department. The application may cover the entire site or a portion, provided that a map is included identifying the area for which designation is sought. C. The department, or its consultant, shall conduct an initial site review to determine whether critical areas or buffers exist, or have the potential to exist, on the property or within 150 feet. If a wetland or stream is identified, the applicant must obtain a critical area report consistent with TMC 18.45.070, as provided in subsection D as currently enacted or hereafter amended. If the presence or classification of a stream is uncertain, the report shall include a professional recommendation. If the report concludes that no wetland or stream exists on or within 150 feet of the property, and the department concurs, no further assessment shall be required. D. To fulfill the requirement for a critical area report, the applicant shall either: 1. Fund a critical area study prepared by the City's consultant, which will not be subject to peer review; or 2. Submit a critical area study prepared by a qualified professional as defined in TMC Title 18, which may be subject to applicant -funded peer review by the City or its consultant. E. Upon request by the applicant, the Critical Area Designation Permit may include an evaluation or interpretation of the applicability of critical area buffers and standards to a potential future development. 2025 Legislation: Critical Area Designation Permit Version: 5/14/25 Staff: M. Baker Page 2 of 5 F. Based on the critical area report, the Department shall issue a final determination for the Critical Area Designation Permit. G. The Department shall make its written determination on the Critical Area Designation Permit within one hundred twenty (120) days of receiving a complete application, unless an extension is authorized under the Tukwila Municipal Code. H. The Critical Area Designation Permit shall be valid for five (5) years unless: 1. Physical conditions on or within 300 feet of the subject property have markedly and demonstrably changed due to natural processes or man-made activity, or 2. Applicable regulatory agencies adopt updated maps or designations that conflict with the original determination in the Critical Area Designation Permit. Section 3. Ordinance Nos. 2741 §4 (part), as codified at TMC 18.104.010, "Classification of Project Permit Applications," is hereby amended to read as follows: TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Temporary Encampment Permit Revocation (TMC Chapter 18.48) Director Administrative Variance for Noise — 30 days or less (TMC 8.22.120) Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter As specified ordinance by Boundary Line Adjustment, including Lot Consolidation (TMC 17.08) Director Critical Area Designation Permit Director Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC 17.08.030) Director Development Permit Building Official Minor Modification to Design Review Approval (TMC 18.60.030) Director Minor Modification to PRD (TMC 18.46.130) Director Signs (TMC 19.12.020) Director Tree Permit (TMC 18.54) Director Wireless Communication Facility, Eligible Facilities (TMC 18.58) Director 2025 Legislation: Critical Area Designation Permit Version: 5/14/25 & Updated 9/2/25 (Scrivener's Error) Staff: M. Baker Page 3 of 5 Section 4. Ordinance No. 2741 §4 (part), as codified at TMC 18.104.050, "Pre - Application Conferences" is hereby amended to read as follows: 18.104.050 Pre -Application Conferences A. A pre -application conference shall be required prior to filing a permit application when the permit type is identified in a guidance document maintained by the department. When a pre -application conference is not required, an applicant may voluntarily request one. B. The purpose of the pre -application conference is to assist the applicant in understanding the applicable regulations, required permits, submittal expectations, and any known site constraints such as critical areas. C. The department shall schedule the pre -application conference in a timely manner once a complete request is submitted on forms provided by the department, along with any required fee set forth in the City's fee resolution, which shall be amended from time to time. Staff from other affected City departments or agencies may attend as determined necessary by the department. D. For permits that require a pre -application conference, the City will not accept an application under this chapter unless the applicant attended a pre -application conference under this section within six (6) months immediately prior to the date of application submittal. E. Applicants shall be charged a fee for the pre -application conference. If a permit application is submitted within six (6) months of the pre -application conference and the project scope remains consistent with what was presented, the pre -application fee shall be credited toward the permit application fee. F. Pre -application conferences do not vest the applicant's rights to any regulations in effect on the date of the conference. Section 5. 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. Section 6. 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 7. 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. 2025 Legislation: Critical Area Designation Permit Version: 5/14/25 & Updated 9/2/25 (Scrivener's Error) Staff: M. Baker Page 4 of 5 a Regular Meeting thereof this ATTEST/AUTHENTICATED: PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at day of ,VetV , 2025. You CMC, City Clerk APRROV.Ei AS TO FORM BY: Office of the City Attorney 2025 Legislation: Critical Area Designation Permit Version: 5/14/25 Staff: M. Baker Thomas McLeod, Or Filed with the City Clerk: OTr Passed by the City Council: oc- , Ot; 24; Published: Effective Date: Ordinance Number: Page 5 of 5 City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2759. On May 19, 2025, the City Council of the City of Tukwila, Washington, adopted the following ordinance, the main points of which are summarized by title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING TUKWILA MUNICIPAL CODE (TMC) SECTION 18.45.050; TO ESTABLISH A PRE -APPLICATION CONFERENCE PROCESS FOR LAND USE PERMITS; AMENDING ORDINANCE NOS. 2741 §3 (PART) AND 2745 §7, AS CODIFIED AT TMC 18.104.010; AMENDING ORDINANCE NO. 2741 §3 (PART), AS CODIFIED AT TMC 18.104.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be provided upon request. Andy Youn-Barnett, City Clerk Published Seattle Times: May 22, 2025 Andy Youn-Barnett To: Subject: Kari Sand; Jennifer Marshall RE: Scrivener's Errors From: Kari Sand <Kari.Sand@TukwilaWA.gov> Sent: Tuesday, September 2, 2025 11:53 AM To: Jennifer Marshall <Jennifer.Marshall@TukwilaWA.gov>; Andy Youn-Barnett <andy.barnett@tukwilawa.gov> Cc: Emily Romanenko <Emily.Romanenko@TukwilaWA.gov> Subject: Re: Scrivener's Errors Hello again, Andy & Jennifer -- I can see that it was a lot of work documenting these corrections. I believe that I have checked the boxes on all of the scrivener's error correction forms. Please confirm and thank you for your work preparing these! Best, Kari IKar a II...... Sand Attorney Ogden Murphy Wallllace, If'II....II....0 701 Fifth Avenue, Suite 5600 1 Seattle, WA 98164 Direct: 206.447.2250 1 Fax: 206.447.0215 ksand@omwlaw.com I www.omwlaw.com Notice: Emails and attachments may be subject to disclosure pursuant to the Public Records Act (chapter 42.56 RCW). From: Andy Youn-Barnett <Andy,Youn-Barnett@Tukwila A,gov> Sent: Monday, September 1, 2025 2:46 PM To: Kari Sand <Kari.Sand@TukwilaWA.gov> Cc: Jennifer Marshall <Jennifer.Marshall@TukwilaWA.gov> Subject: Scrivener's Errors Good afternoon, I have several Scrivener's Errors for your consideration. If you agree the corrections to the ordinances below can be made via the Scrivener's Errors process, please respond back to this email with your approval, which we will attach as a cover sheet to all the ordinances below. kIScrivener's Error Notification Form - Ordinance 2741.docx ul-` Scrivener's Error Notification Form - Ordinance 2745.docx :y Scrivener's Error Notification Form - Ordinance 2756.docx CScrivener's Error Notification Form - Ordinance 2758.docx i �� _docrivener'oErrorNotificotionForno-C)njinonca2758.docx �� ~�Scrivener'o Error Notification Form - Ordinance 2782.docx �� ocrivener'oErrorNotificotionForno-C)rdinonca2785.docx Please note each form has a section for you to provide further approval or other comments as needed. Thank you, Andy Youn-Barnett, City Clerk Office ofthe City Clerk I Records Governance SCRIVENER'S ERROR NOTIFICATION FORM Requested By Andy Youn-Barnett, City Clerk Ordinance No. 2759 Date of Passage May 19, 2025 Brief Explanatory Statement 1. Ordinance No. 2741 §3 (part) is incorrectly cited in the ordinance title and several sections. Ordinance No. 2741 §4 (part) is the correct citation. 2. Section 4 onwards is misnumbered. As Passed 1. The ordinance title and several sections incorrectly amends Ordinance No. 2741 §3 (part) as codified throughout various sections of Title 18. AN• ORDINANCE• OF• THE. CITY• COUNCIL. OF'• THIE• CITY• OF• TUKWILA,• WASHINGTON,• ESTABLISHINIG• TUKWIILA• MUNIICIPAL•CODE•(TMIC)•SECTION•18.45.050;•TO•ESTABLISH• A• PRE -APPLICATION• CONFERENCE. PROCESS• FOR. LAND. USE• PERMITS;• AMENDING. ORDINANCE. NOS.. 2741• §3•.. (PART). AND• 2745- §7,• AS• CODIFIED. AT• TMC 18.104.010;•; AMENDING-ORDINANCE•NO.-741-§•(IPART),•AS•CODIFIED. AT• TMC • 18.104.050; • PROVIDING. FOR• SEVERABILITY; • AND. ESTABLISHING•AN•EFFECTIVE•DATE.¶ -3 Section 3.• Ordinance. Nos.- 2741- §3• (part)- an& 2745• §7, • as codified- at- TMC• 18.104.010,-"Classification-of-Project-Permit-Applications,."-is hereby -amended to-read-as- foIUows: ¶ - Section • 4.- Ordinance- No.- 2741- §3- (part),,- as- codified • at- TMC-18.104.050,- "Pre- Appliication-Conferences"-iis•hereby-amended•to-read-as-folllows:¶ 2. Section 4 is duplicated twice, causing misnumbering. -4 Section • 4.• Ordinance- No. • 2741 • §3- (part),• as- codified • at TMC • 18.104.050, • "Pre- Appliication-Conferences"-iis-hereby-amended-to-read-as-folllows:¶ Section 4.• • Corrections- by• City. Clerk- or- Code• Reviser. Authoriized.• • Upon - approval -of•the-City-Attorney, -the-City-Cllerk•and •the-code-revisertare-authorized-to.make- wmgqmympmqgmmaympmqgmmaygggmqgmmaNgepmqgmwgympmqgwAympmqgmmemgmmqgogaygRpoggmgaympoggmmaympoMmaympopeRmdygmpgqgmqmympoggwegow Correction Needed 1. Ordinance No. 2741 §4 (part) should be referenced instead of §3 (part). Proposed edits: AN• ORDINANCE- OF. THIE• CITY. COUNCIL, OF. THIE• CITY. OF• TUKWILA,• WASHINGT'ON,• ESTABLISHING• TUKWIILA• MUNICIPAL•CODE•(TMC)•SECTION• 18.45.050;•TO•ESTABLISH• A• PRE -APPLICATION• CONFERENCE- PROCESS• FOR• LAND. USE• PERMITS;• AMENDING. ORDINANCE.' NOS.- 2741• §3. (PART) '" 14 ,• AS• CODIFIED. AT TMC •II',',',C I IIION 18.104.010;•AMENDIING ORDINANCE NO. 2741 §3 (PART), AS. CODIFIED. AT MC IIIIII':N° 18.104.050;• PROVIDING., FOR. SEVERABILITY;•AND•ESTABLISHING•ANI•EFFECTIIVE•DATE.¶ Section • 3.• Ordinance. Nos; 2741. §3-4 (part) and- 2715 §7,• ascodified • at. TMIC• 18.104.010, -"Classification of -Project -Permit -Applications," -is -hereby amended -to read follows:IT WORNIMMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWMPRMI,IMMWRIMM: -4 Section • 4..Ordinance• No..2741 .§,13. (part)• as. codified.at TMC. 18.104.050,-"Pre- Appllication.Conferences".is.hereby.amendedl-to.read.as-follbws:11 MORNIMMIM,MaNIVRMIRMaNIMMIMMMRMIMMIMMMaNIMMIMMMaNIMMIMMMMOMMIMMMMOMMIMMMMOMMIMMMMOMMIMMMMOMMIMMMMOMMIMMMMOMMIMMMNMWRff 2. Proposed edits for misnumbered sections: Section- 45... • Corrections• by. City- Clerk- or Code. Reviser- Authorized. • • Upon Document last modified August 2 lIttorney,•the•City•ClIerk.and.thecode-reviserare.authorized.to-make necessary. corrections- tothisordinance, • including • thecorrection • of- clericalerrors; references-to.other-llocal,•state.or.federal-laws,•codes,•rulles,•or.regulations;•or-ordinance numbering-and-section/subsection-numberingl Section•16.-Severability.-.1f.any.section,•subsection,•paragraph,•sentence,-clause.or phrase.of.this.ordinancebtits.application.to.any.person.onsituation.should.be-heldl.to.be invalid • or- unconstitutional- for. anyreason • bya• courtofcompetentjurisdiction, • such invalidityorunconstitutionalityshallnotaffectthevalidityorconstitutionality- ofthe remaining.portions-of.this.ordinance.orits.appllication.to-any.other-person.orsituation.lf Section4L-Effective•Date.-This.ordinance•or•a•summary•thereof•shall•ne•published in -the • official • newspa per. of. the- City, .and • sha II. take- effect. and • be. n • full • force • five -days after-passage.and.publication.as.provided.by.law.• WROMMONNOMP,WWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW/RWWWWWWWWW/NOMPOWWWWWWWW/PM, City Attorney Review Z Approved as Scrivener's Error El Amendment Needed to Ordinance City Attorney Comments Approved on 9/2/2025 by K. Sand.