HomeMy WebLinkAboutReg 2012-05-07 Item 6B.7 - Ordinance - Clarify Notice Procedures for State Environmental Policy Act (SEPA)i ty f T
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WHEREAS, Title 21 of the Tukwila Municipal Code establishes procedures for
State Environmental Policy Act (SEPA) applications and the City wishes to clarify public
notice requirements for SEPA applications; and
WHEREAS, on January 11, 2012, the City's SEPA Responsible Official issued a
Determination of Non Significance on the proposed amendments; and
WHEREAS, on January 26, 2012, the Tukwila Planning Commission, following
adequate public notice, held a public hearing to receive testimony concerning amending
the Tukwila Municipal Code and continued the hearing to February 23, 2012, and at that
meeting adopted a motion recommending the proposed changes; and
WHEREAS, on April 2, 2012, the City was informed by the Washington State
Department of Commerce that it had met the Growth Management Act notice
requirements under RCW 36.70A.106; and
WHEREAS, on April 23, 2012, 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 Amended. Ordinance Nos. 1770 §84, 1344 §10, and 1331
§19, as codified at Tukwila Municipal Code Section 21.04.210, "Public Notice
Procedure," are hereby amended to read as follows:
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A. Whenever public notice is required, the City shall follow the procedures set
forth in this section.
B. Public notice will be given in the following situations:
1. When the City issues the following Determinations of Non Significance
(DNS):
a. DNS involving another agency with jurisdiction;
b. DNS involving the demolition of any structure or facility not exempted
by WAC 197 -11- 800(2) (f) or 197 -11 -880,
c. DNS involving the issuance of a clearing or grading permit not
exempted by WAC 197 -11 -800 through 197-11-890;
d. DNS issued following a request for early notice pursuant to WAC 197-
11- 350(2);
e. Mitigated DNS issued pursuant to WAC197 -11- 350(3);
f. DNS issued following the withdrawal of a DS pursuant to WAC 197 -11-
360(4).
2. When the City issues a Determination of Significance to commence
scoping.
3. When a draft EIS (DEIS) is available for public comment.
4. Whenever the City holds a public hearing pursuant to WAC 197 -11 -535,
provided that if the project requires a Type 3, 4 or 5 decision such hearing shall be
consolidated with the public hearing on the merits of the project.
5. Whenever the responsible official determines that public notice is required.
C. The City shall give public notice by using the public notice procedures set forth
in TMC Sections 18.104.110 and .120 at the time the application is determined
complete. The notice of decision shall be emailed or mailed to the applicant, parties of
record and the agencies with jurisdiction for the projects listed under subsection B
above.
D. Notice of public hearings on non project proposals shall be published in a
newspaper of general circulation in the City.
E. The City may require an applicant to compensate the City for the costs of
compliance with the public notice requirements for the applicant's proposal and /or
provide services and materials to assist.
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Section 2. 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 3. 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 4. 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 1 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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